disclose any thing in whole or in part directly or indirectly that shall be debated or resolved upon in the Councel without the command or direction of the Parliament or without the order or allowance of the major part of the Councel 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 War debate to massacre the Kings party See Will. Sedgwicks Iustice upon the Armies Remonstrance About this time it was debated at the Councel of Warre to Massacre and put to the Sword all the KING'S Party The Question put was carried in the Negative but by two Voices You see what Furies pursue these sinfull Wretches and what dangerous rocks they dash upon in order to that base and cowardly principle of Self-preservation The Army hath in every County of England packs of schismatical Beagles 118. Schismaticall Petitions for 2. or 3. principal Gentlemen in each County to be brought to justice whom they hollow on to hunt in full crie by Petitions to the House after the bloud of such whom 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 Justice 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 own charge 119. Merchants arming Ships for this Summers Fleet. The Prodigious High Court of Justice was revived in order to the Trial of the Earle of Holland the Earle of Cambridge the Earle of Norwich the Lord Capel and Sir John Owens 120 The High Court of Justice revived the Commissioners were changed that they may engage as many men in arbitrary illegal tyranny and bloud-shed as they can Hamilton was exceedingly importuned by Cromwell who took a journey to Windsor 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 Hamilâ—on this he either could not or would not do he had in order to his own ambition first exasperated the Independent party against the KING and afterwards 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 would but set a glosse upon the Independents intended severity against him Being brought to St. James'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 with soft language at the Barre the Lord Gray of Grooby Col. Wayte and Hugh Peters gave him hopes that they would not much obstruct his pretended Plea of Quarter from Lambert upon Articles Peters avouched Quarter so given by Lambert notwithstanding Colonel Wayte when he made Report to the House of Commons how he took him affirmed He yeilded at discretion and Lambert was not then neer him after this Peters gives Hamilton a Visit who gives Peters thanks and money to boot for his late favour done him in Court Quaere What an accusation extorted for feare of death â—nd hope of life is worth Hamilton confessed at his death he had been much pressed yet had named no maâ— Argyle and knowing him to be an Instrument of Cromwells imployed him as his Solicitor to the Members of the House and Army Peters prayes for Hamilton openly as his Lord Patron still feeding him with hopes If he would Impeach their Opposites yet still he waved this offering them 100000 l. for his life and often inculcating what services he would do them in Scotland for which purpose he offered to joyn Interests with Argyle and be a Servant to their Party Messengers were posted into Scotland to know Argyles pleasure But he had been over-reached formerly by Hamilton and he was resolved to admit no Competitor which would have eclipsed his greatnesse and have made him not the sole Patron of Scotish Independency Besides the Kirk so farre hated Hamilton that they preached off his head in Scotland before it was cut off in England the High Court of Justice lingered long in expectation of an Answer at last such a one came as decried all reconciliation with Hamilton whereupon the scene was altered presently Bradshaw handled him roughly at the Bar Mar. 6. Those which smiled on him before frowned now being asked what he could say he pleaded Quarter and vouched Peters Testimony who with a brazen face renounced his former Testimony When Hamilton was upon the Scaffold divers Officers of the Army and Hugh Peters conversed familiary with him to the last and Messengers passed to and fro saying He now remembred no such matter but that the Army scorned to give quarter to him or any of his Nation whereupon he was condemned to the Block which Sentence was executed upon him March 9. yet they fed Hamilton with vaine hopes to the last gasp for fear he should give glory to God and throw shame and infamy upon themselves by a Christian confession of his Argyles and their mutual villanies besides such a Discovery would have made Argyle lesse serviceable to them in Scotland whose next designe is to cajole the Kirk by seeming an Enemy to the Sectaries of England and pretending to serve the Presbyterian Interest Thus I conclude the Tragedy of Duke Hamilton 122. The Death of the Lord Capel In opposition to whom I will briefly relate the Tragedy of the noble Lord Capel a Gentleman of great courage and integrity He had made an adventurous escape out of the Tower but was re-taken by the treachery of a limping Water-man if I knew his Name I would bestow a blot of Inke upon him He pleaded for himself Articles of Surrender which were reall in him though not in Hamilton that divers that were in Colchester and in his condition had been admitted to compound and desired to be referred to Martial Law which being denyed He moved he might not be debarred of Additionall defence if he must be judged by the Common Law then he demanded the full benefit of that Declaration of the Commons 19. Feb. 1648. which Enacteth and Declareth That though King and Lords be laid aside yet all other the fundamental Laws shall be in force concerning the lives liberties and properties of the Subject and recommended to them Magna Charta The Petition of Right 3. Caroli and the Act made H. 7. for indempnity of all such as adhered to the present King in possessione also the exception in the Act of Attainder of Strafford and Canterbury which saies Their Cases shall not be used as a precedent against any man He desireth to see his jury and that they might see him and so might be Tryed by his Peers saying He did beleive no precedent could
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
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.
excluding the two Houses and for a time indefinite * The Members of this Committee are now the E. of Northumberland Robert E. of Warwick the E. of Kent Ed. E. of Manchester Wil. L. Say and Seal Phil. L. Wharton Jo. L. Roberts Wil. Pierrepoint Sir Hen. Vane sen Sr. Gilbert G rrard Sr. Wil Armine Sr. Ar. Haslerig Sr. Hen Vane jun. Jo. Crew Rob. Wallope Oliver St. Johns Sol. O. Cromwel St. Brown Natha Fiennes Sr. Jo. Evelin jun. There were then added to this Committee Nathaniel Fiennes in place of Sir Phil. Stapleton Sir John Evelin junior in place of M. Recorder and the Earl of Kent instead of the Earl of Essex 22 Jan. following the Lords sent down a Message for a farther power to this Committee which was granted in these words Power to suppress Tumults and Insurrections in England c. and at Barwick and for that purpose the Committee to have power to give Orders and Directions to all the Militia and Forces of the Kingdom The addition of four Lords and eight Commoners likewise to this Committee was desired but denyed 68. Whitehall and the Mews Garrisoned Friday 14 January after a long debate it was ordered that Sir Lewis Dives Sir John Stowel and David Jenkins be tryed as Traytors at the Kings Bench the Grand Jury had found the Bill against Jenkins Mr. Solicitor c. appointed to manage this business * See Judge Jenkins's Remonstrance to the Lords and Commons of Parliament 21. Feb. 1647. but Jenkins is so great a Lawyer that the Solicitor durst not venture upon him the long sword being more powerfull in his mouth than the Law wherefore the Solicitor found an Errour in the indictment turned him back again upon the House to be impeached before the Lords to whose Jurisdiction he pleaded so the Solicitor put the affront from himself upon the Houses It was now twelve of the clock and many of the Independent party began to cry Rise rise The Presbyterians thinking all had been done many went to Dinner yet the Independents sate still and finding the House for their turn moved That a Letter might be forthwith sent to Sir Thomas Fairfax to send a convenient number of Foot to Garrison White-hall and a party of Horse to quarter in the Mews The Lords concurrence was not desired to this Vote but the Letters immediately drawn and sent Observe that before this Vote passed divers forces were upon their March towards the Town and came to White-hall Saturday following by eight of the Clock in the morning Saturday 15. Jan. The Army sent a Declaration to the House of Commons Thanking them for their 4. Votes against the King 69. The Armies Declaration thanking the Commons for their 4. Votes 70. The Lords pass the 4. Votes promising them to live and die with the Commons in defence of them against all Opponents Many of the Lords had argued very hotly against the said four Votes insomuch that it was 10. Lords to 10. but this engagement of the Army and the unexpected garrisoning of White-hall and the Mews turned the scales so that they passed the said 4. Votes only adding a short preamble little to the purpose holding forth some reasons for passing them to which the Commons when they came down assented When presently about twelve of the clock the House being thin Dennis Bond moved That whosoever should act against those 4. Votes or incite other to act against them should be imprisoned and sequestred Three or four days after the Lords had passed the said 4. Votes 71. The Army thanks the Lords the Army vouchsafed to spit thanks in their mouthes and make much of them These 4. Votes were generally sinisterly taken and filled mens minds with suspicion what form of Government the Grandees would set up now they had laid by the King and every mans mind presaged a new War which they conceived the Independent Grandees were willing to have to colour their keeping up this Army and raising money to maintain them and every man began to lay the project of a new war at their door notwithstanding by way of prevention they had Impeached divers Members and Citizens of London for endeavouring a new War when they did but raise men for their self-defence To shew the people therefore the reasons of these 4. Votes 72. The Declaration against the King the Independent Grandees appointed a Committee to search into the Kings conversation and errors of his Government and publish them in a Declaration to the World wherein they objected many high crimes against Him concerning His Fathers death the loss of Rochel and the Massacre and Rebellion in Ireland which upon debate in the House were very much moderated by the Presbyterians of which Declaration I will only say that they have set forth no new matter therein which they have not formerly published in parcels since which time they have taken and caused others to take the National Covenant whereby they vow to maintain the Kings Person Crown and Dignity in defence of Religion Laws and Liberties and therefore to reprint only the same things as arguments to lay by the King savours more of design than justice I will wade no farther in the censure of the said Declaration lest I imitate the Authors of it and as they by a feeble accusation have done the King much right so I by a weak defence should do him much wrong 73. Tho. Haslerig's Letter concerning the King The people were as ill satisfied with this Declaration as with the 4. Votes wherefore 24. Feb. Mr. Speaker with much seriousness presented to the House a Letter out of Leicester-shire from Thomas Haslerig brother to Sir Arthur which was read to this purpose That there was one Mr. Smalling a Committee-man of Leicester-shire who had been a Deputy examiner in the Star-Chamber and affirmed that above twenty years since there being a sute in Star-Chamber between the Earl of Bristol Complainant and the Duke of Buckingham Defendant concerning Physick presumptuously administred by the said Duke to King James the said Smalling took many Depositions therein and was farther proceeding in the Examinations until a Warrant signed by the King was brought him commanding him to surcease and to send him the Depositions already taken which Smalling did yet kept notes by him of the Principal passages doubting what farther proceedings might be hereafter in a business of such importance Sir Henry Mildmay moved that Smalling be sent for and examined upon Oath by the Committee that penned the said Declaration but upon motion of the Presbyterians he was Ordered to be examined at the Commons Bar. Smalling came produced the Warrant but no Notes so this Chimaera vanished What the said Committee would have made of this who knows God bless us all from clandestine examinations especially when they are taken by parties pre-ingaged 3. Caroli This business had been ventilated and examined against the Duke and no mention made of poysoning or killing
85. A device to put the Apprentices into a Tumult and found them averse from complying with him wherefore being a man of an early as well as an implacable malice he by the advice of the Committee of Derby-house cast about with the Schismatical Lord Mayor Warner he that raised the ridiculous Tumult at Christmas about Rosemary and Bayes a man that had been chosen Mayor by power of Parliament out of course to carry on the design of the faction and with the Lieutenant of the Tower how to put the City into some distemper of which they might take advantage The Citizens were well acquainted with their jugling tricks they had no hopes to work upon them wherefore they contrived how to put a provocation upon the silly Apprentice Boys and put them forth into some rash action of which they might make use to carry on their designes against the whole City wherefore upon Easter-day 1648. in the evening some few apprentices playing in Finnisbury fields some Souldiers were sent to drive them away which they did and imprisoned some of them for not readily obeying upon Sunday following 9. April divers Apprentices being at play according to custome in Moor-fields the Mayor sent Capt. Gale one of the new Captains of the Hamlets a Silk-Throster and a Tub-preacher and one that ran away at the fight at Newbury wash and hid himself in a Ditch as my L. Wharton at the Battle of Keynton hid himself in a Saw-pit thither to disturb them with about 50. or 60. of his Trained Band and no more that he might the better encourage the Boys to resist him who surlily asking them What they did there some of them answered they did no harm but only play and since all Holy dayes have been Voted down they had no other time of Recreation The Captain insolently commanded them to be gone they replyed he had no authority so to do and continued playing whereupon the Captain commanded his Musquetiers to shoot amongst them which they forbearing he took a Musquet himself and discharged amongst them when presently two or three schismatical Musquetiers of his Company following his example discharged upon them likewise and killed or as the Schismaticks say wounded only one of the Boyes whereat the Boys making a great out-cry more company gathered to them and so with stones brick-bats and sticks they dispersed the Trained Band and at last got their Colours and instantly in a childish jollity marched un-armed as they were towards the Mewes when presently a party of Horse ready prepared for this forelaid design met them charged and with ease routed them Cromwel himself animating the Troopers to shoot and spit them and to spare neither man woman nor child All Sunday night the Apprentices kept in a body in the City locked the City gates but set no guards upon them whereby you may see this business proceeded meerly from the rash and unpremeditated folly of Children not from the advice of Men howsoever the Independent faction in the House of Commons have since aggravated it to countenance their future cruelty and rapines upon the City Monday morning Sir Tho. Fairfax sent a strong party into the City who fell upon the Boyish rabble routed and killed many and shot poor Women great with Child sitting in their stalls one whereof the Child lived two hours in her belly after her brains were shot out a man likewise not knowing of their coming as he was drinking Milk at the corner of a street was shot as it were in sport as they rid they cryed Cuckolds keep your Houses cutting and wounding all they met Cromwel who followed in the Reer safe enoogh the Van having cleered the streets before him cryed out to them to Fire the City Oh Oliver what a barbarous John of Leyden art thou become Oh London how wretched a Munster wilt thou become at last they drove those silly unarmed wretches into Leaden-hall and took many of them Prisoners none of the Trained Bands nor Citizens appearing to help those poor Boys but leaving the Souldiers to get a bloody and boyish Triumph over them as they pleased they are now imprisoned in Cromwels shambles at White-hall This is the truth of the businesse notwithstanding the long-winded lying report made by Alderman Fouks at the Commons Bar a man that hath feather'd his nest well these miserable times and hath much publick money sticking to his fingers who when he gave in his accompt before the General Committee of Accounts refused to give it in upon Oath as other men did alleging Magna Charta that no man was bound to accuse himself It should seem he had something in his Conscience that would not endure the test of an Oath but he is one of the Godly and therefore the good things of this world belong unto him The House of Commons upon this occasion gave 1000 l. to the Souldiers for their valorous exploit and Voted 1000 Foot and 100 Horse to be kept in the Tower The Garrisons of Whitehall and the Mewes to be strengthened 3 Barges capable of 50 Musquetiers apiece to lie at Whitehall for the Souldiers to convey themselves to any landing place to disperse such watermen as shal assemble The City Chains to be taken away from their Posts and a Commission of Oyer and Terminer to issue forth to murder more of these Children legally The Mayor having kindled this fire in the City stole out at a window disguised and hid his foolish head in the Tower The House of Commons over-ruled by the Grandees Voted a day of thanksgiving for this delivery So bold are these Saints as to mock Gods holy name with impious devotions to colour their designs 86. The Lord Inchiquin The Lord Inchiquin president of Munster and General of the Army there had a long time been heaved at by the Indepeâ—dent faction The Lord Lisle who gaped after his imployment Sir John Temple Cromwell the Lord Broughill Sir Arthur and Sir Adam Loftus and others who by obstructing all supplies of Money Ammunition Victual Cloathes laboured to mutiny and disband his Army that they might send Schismaticks of their oâ—n party to Lord it there as they do here and keep Ireland as a Retreat for the Saints for the better effecting whereof they sent over many Emissaries whom they had commended to him to be officers in his Army When this would not do they Printed scandalous Articles against him and put infinite provocations upon him to incite him to do that which they falsly accused him to have done already But the many gallant-services he preformed since the publishing those Articles gave them the lie and confuted all their slanders at last under colour of sending a supply of forces to him they projected to surprise him and bring him away prisoner so that he hath suffered all the convulsions that trecherous friends and malicious enemies could put upon him And lately for the more close conveyance of the design the Houses sent three Commissioners towards Ireland to
deserted or never taken the Covenant to carry on new designs for their own advantage do now mis-apply the title of Malignant and Rebell to those which fight for the Covenant because they will not change their principles with them for Company And upon this ground onely were the four Aldermen seven Lords Sir John Maynard c. impeached and imprisoned onely for such actions as the Covenant which they took by authority of Parliament bound them in conscience unto and for which they had a special Ordinance of Parliament made this very Sessions and not to raise a new War as was scandalously and violently enforced upon them Had it come to a new War it must have been laid at their doores that subvert the Principles in the Covenant Many have taken the Covenant in obedience to you and are bound up by it and now to leave other men at large not to take it and accuse them of Treason for endeavouring to keep it is very unjust You have lately promised the Scots you will adhere to the Covenant How can they believe this unlesse you injoyn all to take it And so long as you put all the Arms Garrisons and ships of the Kingdom and all places of power profit and preferment into the hands of Schismaticks and Antimonarchists whose principles and actings run counter to the Covenant and such as talk much of your service but have done onely their own in order to which they refused to obey you and Disband ravished the King from you at Holdenby kept you in wardship ever-since and dishonoured and brought you low 〈◊〉 treasonable scandalous threatning Engagements Declarati◠〈◊〉 Remonstrances and other Papers But those that would have had the Covenant current could not get the question put 96. Oâ—burn's information concerning a design to murder the King See The Independents loyalty a Book so called Upon Saturday 17 June 1648 about one of the clock afternoon most of the House being gone to dinner and very few Presbyterians left the Speaker of the House of Commons stood up and told the House that he had received Letters from Richard Osburn he that projected to deliver the King out of the custody of Colonel Hammond at Carisbrook-Castle that he conceived the Letters tended only to the setting of us altogether by the Ears and propounded whether they should be read or no some were against the reading of them but the Major part called to have them read which was doâ—e accordingly The Letter to the said Speaker had a copy of another Letter enclosed in it to the Lord Wharton which bore date 1 June 1648. to this purpose Giving his Lordship to understand That upon private conference with Captain ROLF a man very intimate with Colonel Hammond and high in the esteem of the Army the said Captain Rolf told him the said Osburn that to his knowledge Hammond had received several Letters from the Army advising him to remove the KING out of the way by Poyson or any other means for it would much conduce to their affairs But said Rolf Hammond had a good allowance for keeping the KING and is therefore unwilling to lose so beneficial an imployment But saith Rolf if you will joyn with me we will endeavour to convey away the KING to some secret place and we may then do what we will with Him Osburn offers in his said Letter That if he may come and go with safety he would come and justifie the same upon Oath He likewise writ to the Speaker of the Lords House about it Then was read Osburn's Letter to Mr. Lenthall Speaker dated 10. June 1648. containing the same Narration with an offer to appear and make it good upon Oath if he might come and go with safety and freedom The Clerk had no sooner done reading this Letter but with a slight neglect and the laughter of some Members the businesse was passed over without debate and Mr. Scawen stood up to propound a new businesse from the Army when presently Mr. Walker interrupting Scawen desired to speak a 〈◊〉 to the late businesse and asked Mr. Speaker from whence 〈◊〉 Letter came and who brought it the Speaker called upon the Sergeant of the Mace who Answered The Letter was given him at the door by a man that he knew not that he had many Letters and Papers thrust upon him of which he could give no account but he would endeavour to find the Messenger Then Mr. Walker urged that such an information coming to the House ought not to be neglected whether true or false but to be examined and sifted to the bottom If the KING should die a naturall death or any mischance befall him the People calling to mind how little care we had taken of his safety would never be satisfied with our protestation and moved that a Committee might be named to examine Osburn Rolf Hammond and such others whose names should occur in the Examination This was seconded by Sir Simond Dewes Mr. Henry Hungerford Mr. Edward Stevens and some others who pressed it farther but received a slight Answer That those that desired to examine the businesse knew not where to find Osburn That Osburn was a Malignant and had attempted to set the KING at liberty To which Mr. Walker replied That the other day we had named a Committee to examine the businesse concerning the Foot-boy that strook Sir Henry Mildmay and yet we neither knew then where to find the Foot-boy or what his name was If we do but publish that Osburn shall with freedom and safety come and go in case he appear to make good his Charge either he will appear or we shall declare him an Impostor and punish him when we take him and clear the reputation of those upon whom this Letter seems to reflect Consider how vast a difference there is between beating a Subject and Killing a King And if Osburn whom I know not be a Malignant yet unlesse you can prove him a Nullifidian or a person convict of Perjury both according to the Rules of Christian Charity and in the charitable intendment of our Laws his Oath is valid and good Then Tho. Scot stood up and said That this pressing for a Committee to examine this businesse was but a device to draw Colonel Hammond and Rolf up to Town to be examined that the KING might the easier make an escape And Sir John Evelin of Wilts alleged that he conceived this was an invention of Osburns to bring the King to Town with Honour Freedom and Safety Then Walker stood up again but was interrupted by Master Hill and not suffered to speak having already spoken twice At the end of almost every motion made for a Committee to examine the businesse either Mr. Scawen or Major General Skippon stood up and offered to divert the businesse by new matter concerning the Army which usually beareth all other businesses down before it At last those few that moved for an Examination of this Information having spoken as often as the
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
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.
own such prodigious abuses should happen p. 19. It is said The Kings Revenue by a medium of 7 years was yearly 700000 l. The legall and justifiable Revenue of the Crown fell short of 100000 l. per annum I perceive this is all the Account the Common-wealth is likely to have from the Committee of the Kings Queens and Princes Revenue nor do I know what a pruning-hook that phrase legall Revenue may prove But I conceived all that Q. Elizabeth the Kings Father and Himself received had been His Revenue de jure I am sure it was de facto and the Parliament in their Declarations promised to settle a better Revenue upon Him than any of His Ancestors enjoyed neither did this nor any former Parliament complain that His Purse was grown too full or His Revenue too fulsome and if the Committe of the Revenues had enjoyed no more but their own legal and justifiable Revenue so many of the KING'S Servants and Creditors had not starved for want of their own p. 19. They very much aggravate Monopolies Patente and Projects I wonder they suffer so many Men guilty in that kind to sit in their House old Sir Henry Vane Sir Henry Myldmay Sir John Hypsley Cornelius Holland Laurence Whytakers c. p. 20. 2 Part of Englands New Chains discovered c and the Hunting the Foxes return to s 127. They speak against the Lords Negative Voice but not a word against the Councell of Warres Negative Voice who march up in hostile manner against Parliament and City and secure seclude and drive away 250 Members at one time if they vote any thing contrary to their Interest They speak likewise against the Lords Judiciall power over Commoners but have forgot what unjust and illegal use themselves attempted to make of the Lords jurisdiction against the 11 impeached Members the 4 Aldermen and Citizens p. 21. 1 Part. sect 45. 46 47 48 49 50 51 52 53 54. They excuse their receding from their Declaration of April 1646. they might have minded you of a Vote of a later Date had it made for their turn for Governing the Kingdom by King Lords and Commons To this it is said the King nor Lords could take no advantage thereof being a contract they never consented unto indeed it was never presented to them but I shall ask whether the people may not take advantage thereof for whose satisfaction this was Declared a generall grudge being then amongst them that the Parliament and Army would subvert the ancient Fundamentall Government p. 22 23. They answer an Objection that these great matters ought to be determined in a full House not when many Members are excluded by force and the priviledges so highly broker and those who are permitted to sit do act under a force To this is answered how truly let any man that hath read our Histories tell That few Parliaments have acted but some force or other hath been upon them I wonder they did not argue thus for the silly Tumult of Apprentices for Breach of Priviledges of Parliament They Answer It will not be charged upon the remaining party or to have been within their power to prevent it or repair it to this I reply that it is doubted the remaining party being the Army party contrived it in their Junto at Somerset-house for p. 23. it is acknowledged they called and appointed the Army for their Guard which was not openly done by a full House it must be therefore secretly done by a party See many Reasons for this conjecture before Sect. 24. Farther they say That the safety of the Kingdom ought to be preferred before priviledge of Parliament and that if their House had declined their dutie viz by not Acting they had resigned up all to ruine and confusion from whence should this ruine and confusion come but from their own Army which they perpetuate to eat up the Kingdom and continue their own power and profit and I wonder they did not use the same moderation after that childish Tumult of Apprentices but Declared all Acts c. passed from 26. July which 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 Judges of the force Treasonable they deny they sit now 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 and Herod were and were called to secure the Members and purge the House yet if the remaining party should Vote contrary to the Dictates of the Councell of War Quaere 2 Part of Englands New Chains and the Hunting the Foxes c. Whether they will not be used as uncivilly as the secured Members nay worse by being called to account for cousening the State p. 24. They say There is a cleer consistencie of our Laws with the present Government of a Republique I desire to know who by our Law can call or bold a Parliament but the KING who is Principium Caput Finis Parliamenti who is the fountain of Justice Honour Peace when we have no King who is Conservator of the Laws and Protector of the people where is the Supreme Authority to Vote it in their own case to be in a Representative of 50 or 60 Commons without legall proofs or precedents is to lead Mens reason captive as well 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 whom doth the Subject owe Allegiance and where is the Majesty of England when there is no King for all Treason is Crimen laesae majestatis contra debitam ligeanciam Therefore where by the known Laws no Allegiance is there is no Treason Lastly if our present Laws be so consistent with the Republique I desire to know why they did not Trie the 4 Lords legally at the Common Law by their Peers and Sir John Owen by a Jury of 12 Men of the Neighbourhood according to Magna Charta and other good Laws but were faine to put a Legislative Trick upon them and erect such a Court for the Triall of them as was 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 affairs and Government of other States so they hope none will intermeddle with them This assertion is as true as the rest it being well known that for about 3. years last pass'd they have boasted That they have many Agents in France who under colour of Merchandise vent Antimonarchicall and Anarchicall Tenents and sow seeds of Popular Liberty amongst the poor Peasants and Huguenots of France which they brag prospered well there their very
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
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
THE COMPLEAT HISTORY OF Independencie UPON THE PARLIAMENT Begun 1640. By CLEM. WALKER Esq Continued till this present year 1660. which fourth Part was never before published Horat. Spe Metuque procul LONDON Printed for Iohn Wiliams at the Crown in St. Paul's Church-yard 1661. RELATIONS AND OBSERVATIONS HISTORICAL and POLITICK upon the PARLIAMENT begun Anno Dom. 1640. Divided into II. Books 1. The Mystery of the two Junto's Presbyterian and Independent 2. The History of Independency c. TOGETHER WITH An APPENDIX touching the Proceedings of the Independent Faction in SCOTLAND POLIB Historici est Ne quid falsi audeat dicere Ne quid veri non audeat HORAT Spe metuque procul Printed in the Year 1648. To my dread Soveraign Royal Sir YOU have Drunk deep in the Cup of Affliction and we have all Pledged you it is wholsome though bitter but let us pray to God to remove this Cup in time for the dregs and lees are poyson You have learned by over-winding the strings of Authority how to tune the People of this Monarchy without breaking their Patience hereafter Most Princes desire unlimited power which is a Sail too great for any Vessel of Mortality to bear though it be never so well Ballasted with Justice Wisdome Moderation and Piety yet one flarb or other will endanger the over-setting it Those Commonwealths are most stable and pleasing where the State is so mixed that every man according to his degree and capacity hath some interest therein to content him The KING Sovereign Command and Power The Nobility and Gentry a derivative Authority and Magistracy and all enjoy their Laws Liberties and Properties God hath cursed him that removeth the Bound-marks of his neighbour this is a comprehensive curse Kings enlarging their Prerogatives beyond their limits are not excepted from it You may be pleas'd to take heed therefore of two sorts of men most likely to mis-lead you in this point Ambitious Lawyers who teach the Law to speak not what the Legislators meant but what you shall seem to desire To avoyd this snare suffer your Parliament to nominate 3. men for every Judges place out of which you may please to choose one as in pricking of Sheriffs For it is the people that are obnoxious to their wickedness you are above the reach of their malice The second sort is Parasitical Divines These Ear-wigs are alwayes hovering in Princes Courts hanging in their ears They take upon them to make Princes beholding to their violent wresting of the Text to bestow upon them whatever Prerogative the Kings of Juda or Israel used or usurped as if the judicials of Moses were appointed by God for all Common-wealths all Kings as a good Bishoprick or Living is fit for every Priest that can catch it These men having their best hopes of preferment from Princes make Divinity to be but Organon Politicum an instrument of Government and harden the hearts of Princes Pharaoh-like Kings delight to be tickled by such venerable warrantable flattery Sir you have more means to prefer them than other men therefore they apply themselves more to you than other men do Tu facis hunc Dominum te facit ille Deum The King makes the poor Priest a Lord and rather than he will be behind with the King in courtesie he will flatter him above the condition of a Mortal and make him a God Royal. Sir permit me to give you this Antidote against this poyson let an Act be past That all such Divines as either by Preaching Writing or discoursing shall advance your Prerogative and Power above the known Laws and Liberties of the Land forfeit all his Ecclesiastical preferments ipso facto and be incapable ever after and for ever banished your Court. But above all learn to trust in your Judgment Plus aliis de te quà m tu tibi credere noli God hath enabled you to remember things past to observe things present and by comparing them together to conjecture things to come which are the three parts of Wisdom that will much honor and advantage you God keep your Majesty so prayes Your humble Subject THEOPH VERAX To his Excellency Sir THOMAS FAIRFAX and the ARMY under his Command MY Lord and Gentlemen I have here by way of Preparation laid open to your view those Vlcers which you have undertaken to cure viz. The 2 Factions in Parliament Authors of Schismes and Divisions in the two Houses from whence they are derived to the whole Kingdome to the obstructing of justice and of the establishment of our Laws Rights Liberties and Peace the enslaving of the Parliament it self and the dilapidating of the Publick Treasure whereby the whole Kingdom may be enfranchised secured and united and the King and his Posterity setled in His due Rights which is the sum of all your undertakings in your many reiterated Papers I confess a Herculean labour and far beyond his clensing of the Augaean Stable That was performed by an Arm of flesh this cannot be effected without an extraordinary calling for ordinary calling thereto you have none and God seldome blesseth a man out of his calling and though an heroick heat and zeal may go far yet it will tire many miles on this side the work unless it be blown and inspired with divine breath And as Alchymists say of the Philosophers Stone so I of this work which is the Philosophers Stone in our English Politicks it cannot be effected but by a man of wonderfull and unspotted Integrity and Innocency free from all Fraud Self-seeking and Partiality In order to this great work you have already begun to sift and winnow the House of commons by charging 11 Presbyterian Grandees who if they be proved guilty must needs have their counterpanes equally faulty even to a syllable in the opposite Junto of Independents for when two factions shall conspire to toss keep up the golden ball of Government Profit Preferment between them neither can be innocent unless therefore you apply your corrosive to one Vlcer as well as the other you will never work a compleat cure nor will be free from scandal and appearance of faction or design that I may use your own words to weaken onely one party under the notion of unjust or oppressive that you may advance another more than your own Representation p. 6. sect 2. Besides it is observed that you speak but coldly to have the publick accounts of the Kingdom Stated putting it off with a wish only as if you did secretly fear what the Presbyterians openly say That the Independents are guilty of more Millions than their party your own words are p. 14. sect 7. We could wish the Kingdom might both be righted publickly satisfied in point of Accounts for the vast sums that have been Leavied as also for many other things c. But we are loath to press any thing that may lengthen dispute Are so many Millions to be cursorily passed over without dispute were they not the
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
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
obtain more than their due in a childish heat were over-clamorous to have the Ordinance passed refusing to let some Members pass out of the House or come forth into the Lobby when they were to divide upon the question about it so ignorant were they of the customes of the House which at last passed in the affirmative about three of the clock afternoon 27. The Tumult of Apprentices ceased but artificially continued by Sectaries and then most of the Apprentices departed quietly into the City After which some disorderly person very few of them Apprentices were drawn together and instigated by divers Sectaries and friends of the Army who mingled with them amongst whom one Highland was observed to be all that day very active who afterwards 26. Sept. delivered a Petition to the House against those Members that sate and was an Informer and Witness examined about the said Tumult gathered about the Commons door and grew very outragious compelling the Speaker to return to the Chair after he had adjourned the House and there kept the Members in until they had passed a Vote That the King should come to London to Treat This was cunningly and premeditately contrived to encrease the scandal upon the City yet when the Common-Council of London heard of this disorder as they were then sitting they presently sent down the Sheriffs to their rescue with such strength as they could get ready their Militia being then unsetled by the contradicting Ordinances of the Parliament who at last pacified the Tumult and sent the Speaker safe home which was as much as they could do in this interval of their Militia being the Houses own Act. 28. The Speaker of the Commons complained of a report that he meant to flie to the Army yet run away to the Army The Lords adjourned until the next Friday the Commons but until the next day Tuesday morning the Commons sate again quietly and after some debate adjourned until Friday next because the Lords had done so The next day being Wednesday the monthly Fast the Speaker and Members met in Westminster Church where the Speaker complained in some passion to Sir Ralph Ashton and other Members of a scandalous report raised on him in the City as if he intended to desert the House and fly to the Army saying he scorned to do such a base unjust dishonorable act but would rather die in his House and Chair which being spoken in a time and place of so much reverence and devotion makes many think his secret retreat to the Army the very next day proceeded not so much from his own judgment as from some strong threats from Cromwel and Ireton who were the chief contrivers of this desperate plot to divide the City and Houses and bring up the Army to enthrall them both That if he did not comply with their desires they would cause the Army to impeach him for cousening the State of many vast sums of money And truly I remember I have seen an intercepted Letter sent about the time of his flight from the Army to Will. Lenthal Speaker without any name subscribed to it only the two last lines were of John Rushworths hand earnestly importuning him to retire to the Army with his friends On Thursday morning early 29. The City proclaim against Tumults the newly renewed Militia of London made publick Proclamation throughout the City and Suburbs and set up printed Tickets at Westminster That if any person should distrub either of the two Houses or their Members the Guards should apprehend them and if resistance were made kill them yet notwithstanding the Speaker and his party carrying the causes of their fear in their own consciences in the evening of that day secretly stole away to Windsor to the Head-quarters Upon Friday morning at least 140 of the Members assembled in the House they that fled being about 40. 30. The Houses appear the Speakers being at the Army whither the Sergeant comming with his Mace being asked where the Speaker was answered He knew not well that he had not seen him that morning and was told he went a little way out of Town last night but said he expected his return to the House this morning after that being more strictly questioned about the Speaker he withdrew himself and would not be found till the House after four hours expectation and sending some of their Members to the Speakers house who brought word from his Servants that they conceived he was gone to the Army had chosen a new Speaker 31. New Speakers chosen Master Henry Pelham and a new Sergeant who procured another Mace The like mutatis mutandis was done by the Lords to prevent discontinuance and fayler of the Parliament for want of Speakers to adjourn and so to continue it 32. Petition and Engagement of the City and take away all scruples As for the Petition and Engagement of the City so much aggravated by the Independent party it was directed to the Lord Mayor Aldermen and Common-Council from divers Citizens Commanders and Souldiers and was occasioned by some intelligence they had that the Army would demand an alteration of the City Militia in order to a design they had against the City It was only intended to the Common Hall but never presented as the Souldiers Petition was to their General which being taken notice of by the Parliament as it was in agitation was so much resented by the Souldiery as to put themselves into the posture they are now in as Lieut. Col. Lilburn says in one of his books to act no longer by their Commission but by the principles of Nature and self-defence nor did the said Engagement contain any thing but resolutions of self-defence in relation to the City so that we cannot see what the Army had to do to declare their sence upon it in their Letter 23. July so put a prejudice upon it in the Houses I have insisted the more particularly upon this Grand Imposture as being the Anvill upon which they hammered most of their subsequent designs violent and illegal accusations 33. Votes passed after new Speakers chosen The new Speakers chosen the two Houses proceeded to Vote and Act as a Parliament And first The House of Commons Voted in the eleven impeached Members next They revive and set up again the Committee of safety by Ordinance of both Houses enabling them to joyn with the Committee of the restored City Militia giving power by several Ordinances to them to List and raise Forces appoint Commanders and Officers issue forth Arms and Ammunition for defence of both Houses and the City against all that should invade them Which Votes and preparations for their self-defence warranted by the same law of Nature as the Armies papers affirm were not passed nor put in execution untill the Army every day recruited contrary to the Houses Orders were drawing towards London and had with much scorn disobeyed the Votes and Letter of both Houses prohibiting them to come
to bring in an Ordinance of Accommodation which was suddenly done and passed and is now printed at the latter end of the said menacing Remonstrance of the Army a Child fit to wait upon such a Mother 42. Debate in passing the Ordinance of null and void Thus was this Ordinance of null and void gotten which hath been the cause of so much danger and trouble to multitudes of people by the Lords reiterated breaches upon the Privileges of the House of Commons The engaged parties threats within dores The Armies thundring Letters and Remonstrance Their Guards upon their doors and a Regiment or two of Horse in Hide Park ready to make impressions upon the House in case things had not gone to their minds diverse of whose Commanders walking in the Hall enquired often how things went protesting they would pull them forth by the Ears if they did not give speedy satisfaction Thus for the manner of passing that Ordinance The matter of Argument used against it was as far as I can hear to the purpose following It was alleged that the Force upon Monday 26. July ended that day that the next day being Tuesday the House met quietly and adjourned that upon Friday following the Houses sate quietly all day and gave their Votes freely and so forward the City having sufficiently provided for their security that the transient force upon Monday could have no influence on the Houses for time to come That the Supreme power of no Nation can avoid their own Acts by pretended force this would make the Common people the Jurors and Judges to question all Acts done in Parliament since one man can and may judge of force as well as another this were to bring the Records of the House into dispute Magna Charta was never gotten nor confirmed but by Force Force was three-fold upon one or both Houses or upon the King in giving his Royal assent neither could plead it the Parliament is presumed to consist of such men as dare lay down their lives for their Country When the King came with force to demand the 5. Members When the City came down crying for justice against the Earl of Stafford When the Women came down crying for Peace When the Reformadoes came down in a much more dangerous Tumult than this of the unarmed Apprentices yet the Houses continued sitting and acting and none of their Acts were nullified That to make their Acts Orders and Ordinances void ab initio would draw many thousand men who had acted under them into danger of their lives and fortunes who had no Authority to dispute the validity of our Votes we must therefore give them power to dispute our Acts hereafter upon matter of fact for to tie men to unlimited and undisputable obedience to our Votes and yet to punish them for obeying whensoever we shall please to declare our acts void ab initio is contrary to all reason If to act upon such Ordinances were criminal it was more criminal in those that made them And who shall be Judges of those that made them not the Members that went to the Army They are parties pre-ingaged to live and die with the Army and have approved the Armies Declaration calling those that sate a few Lords and Gentlemen and no Parliament They have joyned with a power out of the Houses to give a Law to and put an engagement upon both Houses a president never heard of before of most dangerous consequence it takes away the liberty of giving I and No freely being the very life of Parliaments If all done under an actual force be void it it questionable whether all hath been done this four or five years be not void and whether his Majesties Royal assent to some good Bils passed this Parliament may not be said to have been extorted by force If the Kings partie prevail they will declare this Parliament void upon the ground your selves have laid Fabian's History 1. Hen. 7. that King urged the Parliament to make void ab initio all Acts passed Rich. 3. which they refused upon this ground that then they should make all that had acted in obedience to them liable to punishment only they repealed those Acts. The debate upon this Ordinance of Null and Void held from Monday 9. of Aug. to the 20. Aug. when it was passed but not without some interloaping debates of something a different nature yet all looking the same way occasioned by Messages from the Lords 43. The Lords Message to the Commons to approve the Declaration of the Army Namely once upon a Message from them The said Declaration from Sir Thomas Fairfax and his Army concerning their advance to London was read and debated in grosse whether the Commons should concur with the Lords in approving it But almost all but the ingaged party and their pensioners distasted it it was laid by without any question put lest it should prove dangerous to put a Negative upon their Masters of the Army Yet many menaces according to custome were used by the engaged party to get it passed Haslerigge affirming that those Gentlemen that sate and voted for a Committee of safety and the Kings comming to London 44. The Committee of safety did drive on the design of the City Protestation and Engagement To which was answered That the Committee of safety was not then newly erected by those which sate but of the old Committee revived by that Vote which had been long since erected in a full and free Parliament when the Army first mutined and threatned to march to London and for the same ends defence of Parliament and City and for the Kings coming to London it was Voted onely to get him out of the power of the Army as formerly in a full and free Parliament he had been Voted to Richmond for the same reason Upon another Message from the Lords 45. A Committee to Examine the Tumult the Commons concurred in an Ordinance to erect a Committee of Examination to inquire into and examine the City Petition Engagement and the force upon the Houses 26. July all endeavours to raise any forces c. This Committee consisted of 22. Commons besides Lords almost all of them Members engaged with the Army but because there were some three or four Presbyterians gotten in amongst them to shut these Canaanites forth that the Godly 46. A Sub-committee of secrecy selected to examine the Tumult the true seed of Israel might shuffle the cards according to their own mind the 13. August after upon another Message from the Lords there was a Sub-Committee of Secrecy named out of this Grand Committee of Examinations to examine upon Oath the persons were the Earl of Denbigh and Mulgrave Lord Gray of Wark Lord Howard of Escrig Sir Arthur Haslerigge Mr. Solicitor Gourdon Miles Corbet Alderman Penington Allen Edwards Col. Ven or any three of them all persons engaged to live and die with the Army and now appointed to make a clandestine
scrutiny and search into the lives and actions of the Presbyterian Party that sate in Parliament doing their duty when the engaged Party fled to the Army and brought them up in hostile manner against them The unreasonableness of this way of proceeding was much urged and farther alleged 47. Debate upon passing the Committee of Secret examinations that it was neither consonant to the customes of the House nor unto common reason that a Sub-committee should be chosen out of the Grand Committee of Examinations with more power then the Grand Committee it self had and excluding the rest of the Committee under the pretence of Secrecie Besides it was against the privilege of the House of Commons that the Lords should nominate the Commons in that Sub-committee as well as their own Members But the Independent Grandees would have it pass Breach of Privilege and all other considerations are easily swallowed when they are subservient to their present designs 48. The manner of prosecution proceeding upon the Tumult The party engaged were resolved to be Examiners Informers and Witnesses as well as Parties so active was their malice and had so well packed their Cards that eight or nine Schismatical Lords engaged likewise with them and the Army should be Judges of the Presbyterian Party that sate in absence of the two Speakers the better to give the two Houses a through Purge and make them of the same complexion with the Army without which they had no hopes to divide the power and profit of the Land between themselves by 10000 l. 20000 l. in a morning shared amongst the Godly and to make the whole Kingdom to be Gibeonites hewers of wood and drawers of water to the faithfull 49. Miles Corbet makes report of Examinations taken at the Close Committee First against the Committee of Safety In order to the playing of this game Miles Corbet Interpreter to the State-puppet play behind the curtain commonly called The Close Committee of Examinations upon the 3. September stood up and began his Report from that Inquisition saying He would begin with the Committee of Safety wherein many Members were concerned and it was necessary to purge the Houses first But further said he would suppress the names of many of his Witnesses because the Depositions he should report were but preparatory Examinations and it would be for service of the State to conceal their names He first produced many Warrants signed at the Committee of Safety by the Earls of Pembroke Suffolk Middlesex Lincoln Lord Willoughby of Parham Maynard Mr. Hollis Sir Phi. Stapleton Sir Will. Waller Mr. Long Mr. Nichols Sir William Lewis Mr. Baynton Against Master Baynton Next Corbet reported he had a Witness who deposed that a Gentleman with a Red head had signed many Warrants supposed to be Master Edward Baynton at length after much wyer-drawing of the business one Warrant was shewn to Master Baynton which he confessed to be his hand And presently Haslerig moved that Master Baynton might forthwith Answer against which was objected That since these were but preparatory Examinations not legal proofs no man was bound to Answer them otherwise a man shall be but to as many several answers as several new matters of Charge come in against him and shall day by day be liable to new vexations and never know when he hath cleared himself But Corbet who of an examiner was now become the Kings Solicitor or Advocate Criminal moved to proceed to Judgement against him but first to aske him some preparatory questions But it was answered that it was illegal to squeese examinations out of a mans own mouth neither was a man bound to answer where his words may condemn but not absolve him for so much as depends upon the testimony of Witnesses against this Gentleman you cannot proceed unless he be by and have liberty to put cross questions to the Witnesses It is alleged Warrants were signed and all done in relation to a new War It is answered it was done in order to Self-defence allowed by the Laws Long before this occasion when the Army first mutinied and threatned to march up to London and use such extraordinary means against the Parliament and City as God had put into their hands you then in a full and free Parliament appointed a Committee of Safety for your defence who sate and acted This Committee was but the same revived and upon the like or worse threats and menaces as by the many printed papers from the Army will appear you have no Testimony against this Gentleman by name but only a character of his Hair and for signing the Warrant confessed by himself he is acquitted by the Proviso of the Ordinance 20 August last which excepted only such as acted upon the force but when the Committee of Safety was revived the Parliament was freer from force than it is now Mr. Baynton notwithstanding was adjudged to be suspended the House during pleasure of the House which is as much as to say So long as the Tyranny of this Domineering Faction lasteth The 4 of Sept. Corbet reported he had a Witness but named him not Against Mr. Walker because they were but preparatory examinations who deposed that an elderly Gentleman of low stature in a Gray suit with a little stick in his hand came forth of the House into the Lobby when the tumult was at the Parliament door and whispered some of the Apprentices in the ear and encouraged them supposed to be Mr. Walker Mr. Walker denyed he spake then with any man in the Lobby or saw any face that he knew there and so neglected the business as a thing not considerable But the next day Corbet moved that Mr. Walker might be ordered to put on his Gray suit again and appear before the Close Committee and the Witness who saith he knoweth him again if he see him I hear Mr. Walker desired to know seeing the Witness had not named him by what Authority the examiners should take such a Deposition and make application thereof to him And seeing there were many Gentlemen in the House that day with whom that Character agreed as well as with himself why the Reporter did not move that all to whom that Character was appliable might be put to that test as well as himself but single him out for a mark to shoot at complaining that he was not ignorant out of what quiver this Arrow came he had been threatned with a revenge by some of that Close Committee and had other Enemies amongst them that could bite without barking He told them that yesterday Mr. Corbet reported that the supposed old man whispered c. but desired those that were then in the House to call to mind that the noise was then so great in the Lobby that no whisper nay the loudest words he was able to speak could not be heard Then Corbet changed his Tale saying the words were What you do do quickly and were spoken aloud and said the
Principles for which the Parliament so often declared in print that they fought and for defence whereof they had entered into a covenant with their hands lifted up to God the other two principles were Religion and Lâ—berties 1. The Lords were not Peers to the Commoners At the common Law they shall have sworn Judges for matter of Law of whom they may ask questions in doubtfull points nor can they be Judges in their own cases 2. They have sworn Jurors of the Neighbourhood for matter of fact whom they may challenge 3. The known Laws and Statutes for Rules to judg by which in case of Treason in the Stat. 25. Ed. 3. you cannot Vote nor declare a new Treason And if you could to do it Ex post facto is contraty to all rules of justice The Apostle saith sin is a breach of a Commandment or Law I had not known sin but by the Law the Law therefore must go before the Sin 4. At the Common Law They have Witnesses openly and newly examined upon Oath before the accused's face who may except against them and cross examine them 5. Even in Star-chamber and Chancery where only hearings are upon Testimonies the Examiners are sworn Officers 6. A man hath but one Tryal and Judgment upon one accusation so that he knows when he hath satisfied the Law In this way of proceeding all these necessary legalities are laid by and these Gentlemen have not so much fair play for their Lives and Estates as Naboth had for his Vineyard he had all the formalities of the Law yea he had Law it self yet he had not justice because they were the sons of Belial that were set before him what shall we conceive these Witnesses are that do not appear nay whose very names are concealed yet Naboth was murdered by the sword of Justice for the honour of Parliaments give not the people cause to suspect these Gentlemen shall be so too non recurrendum ad extraordinaria quando fieri potest per ordinaria But all this was but to charm a deaf Adder 52. Arguments proving the Lords to have no power of Judicature over the Commons the nine or ten engaged Lords that then possessed the House were thought to be fitter than a Jury of Middlesex to make work for the hang-man and yet they have no Judicature over the Commons as appears by the President of Sir Simon de Berisford William Talboys and the City of Cambridge Note that one president against the Jurisdiction of a Court is more valued than a hundred for it because the Court cannot be supposed ignorant of the Law and its own rights but a particular man or Client may see Sir John Maynard's Royal quarrel and his Laws subversion Lieutenant Col. Lilburn's Whip for the present House of Lords and Judge Jenkins Remonstrance to the Lords and Commons of the two Houses of Parliament dated 21 Feb. 1647. As for the cases of Weston Gomenes and Hall cited by Mr. Pryn they were for facts done beyond Sea and before the Stat. 1. Hen. 4. ch 14. whereof the Common Law could then have no connusance and therefore an extraordinary way of proceeding before the Lords was requisit and by the Kings special authority it was done without which I dare boldly affirm the Lords have no Judicature at all which thus I make appear 1. The King by delivering the Great Seal to the Lord Keeper 53. The House of Peers no Court of Judicature at all properly and per se makes him Keeper of his conscience for matter of equity By His Brevia patentia to the Judges of the two Benehes and the Exchequer the King makes them administrators and interpreters of his Laws But he never trust any but himself with the power of pardoning and dispensing with the rigor of the Law in Criminal cases And though the Lord Keeper is Speaker of the Lords House of course yet he is no Member of the Lords House virtute Officii the Judges are not Members but assistants only so that no man in the House of Peers as he is simply a Peer is trusted by the King either with dispensation of Law or Equity 2. When a Peer of Parliament or any man else is tried before the Lords in Parliament criminally he cannot be tryed by his Peers only because in acts of judicature there must be a Judge Superior who must have his inferiors ministerial to him therefore in the trial of the Earl of Strafford as in all other trials upon life and death in the Lords House the King grants his Commission to a Lord high Steward to sit as Judge and the rest of the Lords are but in the nature of Jurors So that it is the Kings Commission that Authoriseth and Distinguisheth them 3. When a Writ of Error issueth out of the Chancery to the House of Peers they derive their Authority meerly from that Writ For the three Reasons aforesaid the House of Peers is no Court of Judicature without the Kings special Authority granted to them either by his Writ or his Commission and the Lords by their four Votes having denied all further address or application to the King have cut off from themselves that fountain from which they derived all their power and all trials by Commission must be upon Bills or Acts of Attainder not by Articles of Impeachment a way never heard of before this Parliament and invented to carry on the designs of a restless impetuous faction Had the Faction had but so much wit as to try the Gentlemen by Commission of Oyer and Terminer before Sergeant Wild he would have borrowed a point of Law to hang a hundred of them for his own preferment Observe that almost all the cases cited by Mr. Pryn concerning the Peers trials of Commissioners were Authorised by the King upon the special instance of the House of Commons as for the House of Commons they never pretended to any power of Judicature and have not so much Authority as to Administer an Oath which every Court of Pye-Poulders hath 54. Blank Impeachments dormant But this way of tryal before the pre-ingaged Lords and upon Articles of Impeachment which they keep by them of all sorts and sizes fit for every man as in Birchin-lane they have suits ready made to fit every body was the apter means to bring men to death whom they feared living had not a doubt of the Scots comming in taught them more moderation than their nature is usually acquainted with and to fright away at least put to silence the rest of the Members with fear of having their names put in blank Impeachments and that it might be so apprehended Miles Corbet moved openly in the House of Commons that they should proceed with the Impeachments which were ready nothing wanted but to fill up the Blanks they might put in what names they pleased This Inquisitor General this Prologue to the Hang-man that looks more like a Hang-man than the Hang-man himself hath since gotten a
rich office of Register of the Chancery as a reward for his double diligence Oh Sergeant Wild and Mr. Steel despair not of a reward Friday 27 Sep. t the advice of Sir Thomas Fairfax and his Council of War was read in the House of Commons 55. Establishment for the Army What standing forces they ought to keep up in England and Wales and what Garrisons also what forces to send for Ireland namely for Ireland 6000 foot and 2400 horse out of the supernumerary loose forces being no part of the Army and for England upon established pay 18000 foot at 8 d. per diem 7200 horse at 2 s. per diem each Trooper 1000 Dragoons and 200 Fire locks Train of Artillery Arms and Ammunition to be supplied The foot to be kept in Garrisons yet so that 6000 may be readily drawn into the Field The Independent party argued that the Army were unwilling to go for Ireland pretending their engagement to the contrary If you divide or disband any part of your Army they will suspect you have taken up your old resolution against them to disband the whole Army it is now no time to discontent them when the Kings Answers to your Propositions tend to divide you and your Army and the people are generally disaffected to you The Presbyterian Party argued that the engagement of the Army ought to be no rule to the Counsels of the Parliament otherwise new engagements every day may prescribe the Parliament new Rules we must look two wayes 1 Upon the people unable to bear the burthen 2. Upon the Army Let us keep some power in our own hands and not descend so far below the dignity of a Parliament as to put all into the hands of the General and his Council of War You have almost given away all already The Army adviseth you to keep up your Garrisons then upon mature deliberation this House formerly Voted you have already made Garrisons manned with gallant and faithfull men to whom you owe Arrears to remove them and place new Souldiers in their rooms will neither please them nor the places wheâ—e they are quartered who being acquainted with their old guests will not willingly receive new in their rooms These men have done you as good and faithfull service as any in the Army and were ready to obey you and go for Ireland had they not been hindered by those who under pretence of an engagement to the contrary which they mutinously entred into will neither obey you nor go for Ireland nor suffer others to go Though you discharge these men without paying their Arrears which others of â—ther principles will not endure yet give them good words If you will be served by none but such as are of your new principles yet consider your Army are not all alike principled and peradventure the old principles may be as good as the new for publick though not so fit for private designs and purposes You have passed an Ordinance That none that have born Arms against the Parliament shall be imployed if you disband all such your Army will be very thin many have entred into pay there in order to do the King service and bring the Parliament low There is no reason you should keep up 1400 horse more than you last voted to keep up being but 5800 at which time 60000 l. a Month was thought an establishment sufficient both for England and Ireland But now the whole charge of England and Ireland will amount to 114000 l. a month which must be raised upon the people either directly and oâ—enly by way of sessement or indirectly and closely partly by sessements partly by free-quarter other devices nor will the pay of 2 s. per diem to each Trooper and 8 d. to each foot Souldier enable them to pay their quarters If you mean to govern by the Sword your Army is too little if by the Laws and justice of the Land and love of the people your Army is too great you can never pay them which will occasion mutinies in the Army and ruine to the Country Thus disputed the Presbyterians but to no purpose it was carried against them Observe that when the War was at the highest the monthly tax came but to 54000 l. yet had we then the Earl of Essex's Army Sir William Waller's My Lord of Denbigh's M. Gen. Poyntz's M. Gen. Massey's Maj. Gen. Laughorn's Sir William Brereton's Sir Th. Middleton's Brigades and other forces in the field besides Garrisons But now this Army hath 60000 l. a month 56. Monthly taxes and 20000 l. a month more pretended for Ireland which running all through the fingers of the Committee of the Army That Kingdom which is purposely kept in a starving condition to break the Lo. Inchequins Army 57. Ireland why kept in a starving condition that Ireland may be a receptacle for the Saints against England spews them forth hath nothing but the envy of it the sole benefit going to this Army This 20000 l. a month being a secret unknown to the common Souldiers the Grandees of the Army put it in their own purses Moreover this Army hath still a kind of free quarter under colour of lodging fire and candle for who sees not that these masterless guests upon that interest continued in our houses do and will become Masters of all the rest and who dares ask money for quarter of them or accept it when it is colourably offered without fear of farther harm besides the Army whose requests are now become Commands demanded that they might have the leavying of this Tax and that their accounts might be audited at the Head-quarters and though the Officers of this Army to catch the peoples affections encouraged them often to Petion the Houses against Free-quarter pretending they would forbear it after an establishment setled upon them the use their party in the House made of these Petitions was to move for an Addition of 20000 l. or 30000 l. a month and then they should pay their quarters lodging fire and candle nay stable-room too excepted Here it is not amiss to insert a word or two of this villanous oppression Free-quarter 58. Free-quarter whereby we are reduced to the condition of conquered Slaves no man being Master of his own Family but living like Bond-slaves in their own Houses under these Aegyptian Task-masters who are spies and intelligencers upon our words and deeds so that every mans table is become a snare to him In the third year of King CHARLS the Lords and Commons in their Petition of Right when not above 2000. or 3000. Souldiers were thinly quartered upon the people but for a month or two complained thereof to his Majesty as a great grievance contrary to the Laws and Customes of the Realm and humbly prayed as their right and Liberty according to the Laws and Statutes of this Kingdom that he would remove them and that his people might not be so burchened in time to come which his Majesty
survey his Actions but as if it were purposely done when the Commissioners came as far on their way as Bristol about a dozen renegado Officers of his Army met the Commissioners and turned them back again The said Officers posted up to the Parliament before the Commissioners and the 13 April were called in to the Commons Bar where they made a relation to the House to this purpose That the Lord Inchiquin having made an expedition into the County of Kerry upon his return sent for these Officers into his presence Chamber and told them He intended to declare against the Army and Independent party in England who kept the King and Parliament under a force that he would stand for the Liberty of the King and Parliament and a free Conference to settle Peace and that he expected all his Officers should joyn with him in so honourable an undertaking but should take an Oath of secrecy before he discover'd himself farther to them They Answered They could make no such Oath before they knew whether they might with a safe conscience keep it saying they would be true to the Parliament My Lord Inchiquin replied So have I and will be delude me not with ambiguous words do you mean this pretended Parliament telling them farther he had good correspondence with all the Presbyterians in Scotland and England as well in the Parliament as out of it that he doubted not to go through with his undertaking and if the worst hapned to make good conditions for himself and his party That he would make peace with my Lord Taff and that he knew the Independents in England were upon Treaty with Owen Roe Oneal who was a man of their humour and loved to keep all in combustion They refused to joyn he dismissed them for England The same day Letters from Capt. John Growthen Vice-Admiral of the Irish Seas from a shipboard were read in the House much to the same purpose though not so large wherein he said He had already blocked up all my Lord Inchiquin's Havens Presently Allen the Goldsmith moved 87. Allen the Gold-smith moveth to put the House to the touch by some Covenant Declaration c. That since the Lord Inchiquin had discovered that he had a correspondency with the Presbyterians in the House before they dealt with their Enemies without doors they should try who were their Enemies within doores by putting all men to some Covenant Engagement or Protestation c. And Lieutenant General Cromwell said That being to debate this business to morrow whosoever with crosse Arguments shall spin out the debate and so retard our prceedings by my consent shall be noted with a Black Coal to which was answered That this tended to take away freedom of debate which was the life of Parliaments and of all Councils and was destructive to the very being of Parliaments It is not amisse to insert here by way of digression what I formerly omitted Sir Henry Mildmay long since moved That 150 rich Guard Coats of the King might be sold for 800 l. to find Fire and Candle for the Souldiers in White-hall The question put The Speaker gave judgement the Yeas had it Mr. Edward Stephens declared the Noes had it They were unwilling to divide upon such a question but Mr. Stephens persisted and Robert Reynolds said aloud notice shall be taken of him for putting such a dishonour upon the House Upon the Division the Noes carried it by nine voices Thereupon complaint was made against Reynolds for attempting against the liberty of Voting but no redress But to return from my digression the next day 14 of April it was moved that my Lord Inchiquin's Son a Child of 8 or 9 years old going to School at Thistleworth might be secured in the Tower and kept for a Hostage To which was Answered That no man could take an Hostage without consent an Hostage must be given upon the publick faith upon some stipulation and must be so received by mutual agreement you cannot punish the child for the Fathers fault yet he was voted to the Tower and sent My Lord Inchinquin's Commission as President of Munster and General of the Army Voted void and no man to obey him himself Voted a Traitor yet no man examined upon Oath against him nor any man sent to take information of the businesse into Ireland and his professed enemy the Lord Lisle is to go General into Munster in his room and the said fugitive Officers all rewarded as if they had brought acceptable news This day Reynolds revived Allens motion for putting the Members to the Test by some Covenant Protestation or Declaration subscribed That this is a free Parliament and that they would live and die with this Parliament and Army To which was answered 1. That by Ordinance of both Houses all men were enjoyned to take the National Covenant This Covenant is the true Touch-stone of the Parliament and so agreed upon by the wisdom of both Nations yet many sit here who refuse to obey this Ordinance I know no reason therefore why any man should obey you in any other Ordinance of this Nature let us keep the old Covenant before we take any new 2. It hath been moved in the House that the Oathes of Justices of the Peace and Sheriffs might be taken away I hope you will not abolish legal Oathes and impose illegal Oathes This House hath not so much Authority as to administer an Oath much more to impose one you must allow to others that liberty of Conscience which you demand for your selves 3. Major Gray told you my Lord Inchiquin said he had correspondency with all the Presbyterians in the House who had made their peace with the King But my Lord Inchiquin told him farther the Independents were upon Treaty with Owen Roe and Oneal let them clear themselves of that imputation first before they give a purgation unto others otherwise what you do will savour of force 4. The true Touch-stone to try every mans integrity is to examine who have inriched themselves by the calamities of the times and your service and who are impoverished 5. This is a new device to purge the House The Grandees of the House have cantonized the Kingdom between them 88. The Counties compelled to give thanks to the Houses for their Votes against the King every man in his Division protecting the Country Committees and receiving tribute from them in recompence of their protection and Prideaux the Post master being King of the West Saxons his Vice-roy or Lord Deputy for the County of Somerset is that running Col. John Pyne who being often inspired with Sack rules the Committee and County by inspirations Pyne and his Peers of the Committee to please his superiours set on foot a draught of a Petition to be handed by the Country Giving thanks to the Parliament for the four Votes against the King and promising to live and die with the Parliament and Army and desiring the County might be freed from
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
the Army and diverse other Symptomes of danger but especially Skippons secret Liâ—ting of Schismatiques in the City amongst the Congregations of Mr. Goodwin Mr. Patience and others with power given him to kill and slay his listing servants against their Masters and setting up a Power against a Power had provoked that dull beast the City to know their own strength to look into their Charter and the Customes of the City and to Counter-list in their own defence for which purpose they passed an Act of Common Council dated 27. July 1648. which was soon complained of in the House of Commons by Ven Harvey Pennington and other ill Birds of that Corporation who usually defile their own nests after many aggravations that after they had fought with the King for the Militia any power out of the Parliament should presume to exercise it a Committee was appointed to Treate with a Committee of the Common-Council to hear what they could say for themselves and by what authority they claimed the use of their own Militia The Committees met and amongst other things the said question was asked By what authority they listed men To which was answered That they did it by the Law of Self-defence warranted by the Law of God of nature and of the Land and by a farther Authority to question which would make lirtle for the advantage of the Parliament This mysterious Answer stopped the mouthes of the Parliament Committee If London should plead their Charter and usages other places might doe the like so this businesse was shut up in silence Note that many Sectaries of Westminster Southwark and the Hamlets have been invited and countenanced to petition the House of Commons against uniting their Militia's with London upon pretended cavils As that they desired to have equal number of Voices in the Militia with London But since London beareth 7. parts of 9. in the charge it is an unreasonable demand By Orders as is thought from Derby-house 115 The Governor of Dublyn seizeth and sendeth over Prisoners the Presbyterian Commanders Colonel Jones Governour of Dublyn hath seized upon most of the Presbyterian Commanders thereabouts and sent them Prisoners to Westchester as Sir Maurice Eustace Sir John Gyford Col. Willoughby Colonel Flower Major Stephens Major Capron c. to make room for Independent Officers in his Army that the Saints only may possesse the good things of this world but chiefly that his Army being Commanded by Antimonarchical Schismaticks may the better sympathize and unite with the Antimonarchical Papists in Owen Roe Oneal's Army against the Lord Inchiquin whereof the said Lord hath given some hint as I have aforesaid You see the predominant Principle is Antimonarchy which easily overswayes Religion on both sides 116. A Frigot of the Princes taken with many Letters and Commissions Sir Milles Levesey having casually taken a little Frigot of the Princes called the Chistopher manned with one Captain Green and 8. men took divers Commissions in her and a Letter of Mart granted to the said Captain to make prize of Rebels and Enemies Goods and a Paper of Instructions prohibiting Green to use any Hostility untill the Prince had published his Declaration and untill it were designed who were His Enemies other writings were then taken which were referred to a Committee of the House of Commons to peruse and report Mr. Lechmore reported from the said Committee That some of those writings were not fit to be published in the House hereby you see that the House is already divested of that Power and Authority which the People have Trusted only them with all is now usurped by confiding Sectary Committees so Mr. Lechmore reported That there was an Adjudication out of the Princes Admiralty held in the Isle of Jersey whereby a ship belonging to one Tucknell was adjudged against him upon this ground given in the Adjudication That Tucknell had taken that damnable Oath called The National Covenant I appeal to any man that doth not hastily beleeve all he hears whether it be probable the Prince in such a conjuncture of time when the Parliament it self says That the Prince invited the Scots to invade England and had declared for them would hazard the losing of the Scots by inserting such a clause in the Adjudication All is not Gold that glisters these Letters may be St. Martins ware counterfeit stuff 117. A design to seize on divers Presbyterian Aldermen Lords and Commons About this time it is reported by some that professe to know it there was a design for Skippon's new listed-men to seize upon Alderman Langham Alderman Bunce and some of the Lords and Members of the House of Commons in the night whereof notice being given some of the Members knowing that Treachery like the Basilisk dies if it be first seen to shew that it was discovered caused one of their Party in the House to move That Skippon might be Ordered not to seize on kill or slay any Member of either House An order passed the House of Commons for the Earl of Warwick to fight the Prince at Sea It was sent up to the Lords 118. An Ordinance for the Earl of Warwick to fight the Prince at Sea and passed that House too whereby it became an Ordinance Yet some of the Lords entred a protestation against it as the Earls of Lincoln Suffolk Lord North. 2. Of August The Zealots of the House of Commons fell again upon the businesse of Rolf 119. More endeavours of the Independents in favour of Rolf. at an unseasonable hour of the day and in a thin House They ordered a Conference with the Lords about him and that the Lords be desired to joyn with the Commons in Bayling of him and yet for Treason a man is not Baylable by Law I cannot hear that Mr. Osburn's time of staying with Freedom and Safety to prosecute Rolf is renewed by the Commons although it be expired you see the Iron-bound Saints of the Army are impregnable even against High Treason if this Puny Saint be so inviolable what hope have Major Huntington and John Lilbourn to be heard against Cromwell For if the man such freedom have What then must he that keeps the Knave Yet if Rolf had but bastinadoed Sir Henry Mildmay and that 's no great matter peradventure he had been prosecuted in earnest Thursday 3. August 120. A Letter from the Earl of Warwick for Martial Law at Sea a Letter from the Earl of Warwick was read in the House of Commons complaining of the Refractorinesse of the Sea-men and that he could not govern them without a Commission for Martial Law which was readily assented to as any thing that cries up Arbitrary power above the known Laws usually is But how this will agree with the discipline of the Sea and how they will fight being so yoaked I know not The same day a Letter passed the House of Commons 121. A Letter from the Parliament to the Assembly of the Kirk of
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
their safety they must have recourse to the Law of Nature and Act in their Militia without the Houses in order to Self-defence allowable by all Laws and practised by this very Parliament against the King and by Fairfax's Army against this Parliament The Prayers of his Speech were three 1. That Skippon's Listed men might be under the Militia of the City 2. That the expired Ordinance for Listing Forces might be revived 3. That the Militias of Westminster Southwark and the Hamlets might be united with the City as formerly To this clause of having recourse to the Law of Nature for Self-defence great exceptions were taken in the debate of the House by the two Ashes Ven Harvy Scot Weaver and other of the Godly pack That the Parliament having fought with the King for the Militia and having got it by the Sword any other Interest upon any title whatsoever should dare to lay claim to any part of it You see these Lyons of the Tribe will allow no Beasts of different kind to share with them in their prey although they did sweat and bleed with them in the hunting and catching it The Grandees may as well say they have conquered our Laws and Liberties for as I have in my General Conclusion cited they say That they fought with the King for his Negative Voice and Legislative Power and that God hath by the Verdict of the Sword given judgement for them and yet when the King claimed them by a better and more legal Title than the Sword they could object the equity of the Laws against the killing letter of them which they say directs still to the equitable sense of all Laws as dispencing with the very letter thereof as being supreme to it when safety and preservation is concerned and alleging That all Authority is seated fundamentally in the Office and but ministerially in the persons and that it is no resisting of Magistracy to side with the just Principles of Nature See the Declaration and Papers of the Army p. 39. 40. and the Ectact Collect. p. 150. alibi passim In conclusion after a tedious debate the desires of the Citizens were referred to a Committee of the House to be wyer-drawn into an Ordinance That all Forces raised and to be raised in the City of London and the Liberties thereof should be subject to the Militia of London whereof Skippon is a Member and under the Command of Major General Skippon When this Ordinance will be perfected what the sense and meaning of this Riddle is and what dangers may befall the City if Colchester be taken or the Scots beaten before they have leave to put themselves into a posture of defence God knows It was farther referred to bring in an Ordinance for uniting the aforesaid Militias You see how jealous they are of late of the Militia since the Grandees entertained new Principles and new designs In the Propositions presented to the King at Newcastle the Proposition for the Militia hath this proviso Provided that the City of London shall have and enjoy all their Rights Liberties Franchises and Customs and Usages in raising and employing the Forces of that City for the defence thereof in as full and ample manner to all intents and purposes as they have or might have used or enjoyed the same at any time before the making of this Act or Proposition to the end that City may be fully assured it is not in the intention of the Parl. to take from them any Privileges or Immunities in raising and disposing of their Forces which they have or might have used or enjoyed heretofore This is a clear confession that by the antient Customs and Usages of the City they have Right to their own Militia or else this Proviso were vain howsoever the learned Counsel of the City fool them The like proviso word for word is contained in the Proposition for the Militia of Hampton Court saving that the last clause That the City may be assured the Parliament hath no intention to take from them any Privileges c. is omitted I think to please the Army and their engaged party See the Letters Papers Transactions of the English Commissioners in Scotland with the Scots c. p. 58. Wednesday 16 August The Kings said Letter was read 132. The Lords Votes upon the Kings Letter debated in the House of Cmmons and the Lords Votes thereupon first after some little opposition the Commons concurred with the Lords in recalling the 4 Votes for making and receiving no Addresses to or from the King thereby 1. Absolving him from a kind of Parliamentary Excommunication 2. Restoring to all Free-born Subjects the Liberty they are born to of presenting their humble desires to his Majesty and performing the duties of their Allegiance and Oath And 3. Reducing themselves unto that scope and end for which only the Writ summons them as a Parliament viz. To Treat with the King The second Vote was To recall the Instructions of Parliament given to Hammond how to carry himself in his Charge towards the King His Servants and all Resorters to Him c. This was laid by to be debated in the last place after all the rest of the Lords Votes The third Vote read was That such men of all professions as the King should send for as of necessary use to Him in the Treaty may be admitted to wait on him and that He might be in the same state of Freedom He was in when He was last at Hampton-Court This Vote instead of concurring with the Lords was divided The first part after many objections to it was moulded into this following question and carried in the affirmative that His Majesty might send for men of all professions and he being desired first to send a List of their Names to the Parl. and nominating no Person excepted out of Pardon none that have been in Actual War against the Parliament nor any man that is under restraint of the Parliament The latter part of this Vote for enjoying such Freedom as he was in at Hampton-Court was diversly argued for the Ambiguousnesse of it the question being Whether such freedom as the Parliament allowed him or such freedom as the Army for their own ends gave him de facto were intended at last the question was agreed to be in Terminis The fourth Vote was that the Scots should be invited to the treaty this likewise was doubtfully argued 1. Whether they should be invited by the Parliament considering they had broken the large treaty National Covenant and Union by surprizing and Garrisoning Barwick and Carlisle and by entring England with an Army This was carried in the Negative The 2. Debate was Whether it should be left to the King to invite the Scots to send some persons authorized to treat upon such Propositions as they should make for the Interest of Scotland only This likewise was opposed for the reasons aforesaid and because the Power and Authority of Scotland was now in the hands of
Burgess for New-Castle by the Scots Garrison there had 3000 l. given him out of one Gentlemans Composition and out of others as much as made it up 12000 l. as was made appear at a Committee before Mr. Sandis of the Temple Chair-man hath also a Cole-meeter's place worth 200 l. per annum and the Bishop of Durham's Castle at Durham and Lands of great value 44. Tho. Ceely long a Prisoner for debt helped out by the Parliament and made Recorder of Bridgewater 45. * Thomas Moor an Officer in the Custom-house and his brother Governor of Ludlow 46. * Scawine given him 2000 l. 47. Isaac Pennington twice broke once Lieutenant of the Tower a year and a half Lord Mayor of London before his time had 7000 l. given him and hath store of Bishops Lands 48. Samuel Vassel given him 1000 l. 49. Oliver Cromwel Leiut Gen. hath 2500 l. per an given him out of the Marquess of Worcesters Estate for which 4000 l. per an is set out at the rate of 2500 l. 50. Sir Wil. Brereton Col. Gen. for the Cheshire Forces hath Cashobery and other Lands of the L. Capels worth 2000 l. per an and the Archbishops house and Lands at Croiden where he hath turned the Chappel into a Kitchin A goodly Reformation and fits with his stomack as well as his Religion 51. * Thomas Waite Collonel Governour of Burley where he thrives so well as he is now buying 500 l. per an who before was not able to buy 5 l. a year 52. Sir Oliver Luke decayed in his Estate Collonel of H rse 53. Sir Samuel Luke his Son Collonel and Scout-master for the Counties of Bedford c. 54. * Thomas Gell Leiut Col. to Sir John Gell made Recorder of Derby in Mr. Allistrie's place 55. Valentine Walton Collonel and Governour of Lin Regis 36. * Richard Norton Collonel Governour of Southampton 57. * Edward Harvy late a poor Silk-man now Col. and hath got the Bishop of London's House and Mannor of Fulham 58. Edward Rossiter Collonel and Generall of all the Lincolnshire Forces and Governour of Belvory Castle 59. * Sir Michael Livesey Col. Sequestrator and Plunder-master General of Kent 60. * Henry Ireton son in Law to Lieutenant General Cromwel Colonel and Commissary General 61. * Richard Salway Col. formerly a Grocer's man 62. * John Birch formerly a Carrier now a Colonel 63. * Thomas Rainsborough a Skipper of Lin Col. Governour of Woodstock and Vice-Admiral of England 64. * Robert Black Col. Governour of Taunton 65. * Francis Russel Colonel 66. * Rowland Wilson Colonel 67. * Robert Harley Col. son to Sir Robert Harley 68. * Richard Brown Major General and Governour of Abingdon 69. * Peter Temple Captain of a Troop of Horse 70. * John Ven Colonel Governour of Windsor had 4000 l. given him 71. * Algernon Sidney Governour of Dover-Castle 72. * Richard Ingolsby Colonel Governour of Oxford 73. * John Hutchinson Colonel Governour of Nottingham 74. * Sir John Palgrave Col. at the siege of Newark 75. * Edmund Ludlow Governour of 76. * Cornelius Holland renteth as much of the Kings Grounds for 200 l. per an as is worth 1600 l. or 1800 l. per an 77. * Philip Skippon Sergeant-Major-General of the Army Major-Gen of London and Governoor of Bristol had 1000 l. per an lands of inheritance given him 78. * Charls Fleetwood Colonel 79. * Thomas Westrow Capt. under Sir Michael Livesey was nothing worth until a Captain and a Parliament man and now hath gotten the Bishop of Worcesters Manor of Hartlerow which proves he hath two good and beneficial offices 80. Henry Martyn Col. of a Regiment of Horse and a Regiment of Whores 81. Nathaniel Fiennes Col. once Governour of Bristol Thereby hangs a Tail 82. Anthony Stapley Col. Governour of Chichester 83. Alexander Rigby Col. and Governour of Bolton 84. Charls Pym Captain of a Troop of Horse 85. Sir Arthur Haslerig Colonel Governour of New-Castle and hath the Bishop of Durham's house Park and Manor of Aukland and 6500 l. in money given him 86. William Jepson Colonel 87. Sir Thomas Middleton Major-General for Denbigh and five other Counties 88. Godfrey Boswell Colonel 89. The Lord Gray of Grooby son to the E. of Stamford Col. and hath given to him the Queens Manor house Park and Lands at Holdenby and ther 's a great fall of the Woods 90. Sir Will. Constable Col. Governour of Glocester he sold his lands to Sir Marmaduke Langdale for 25000 l. and is restored to it again by Parliament 91. Sir Will. Purefoy Col. and Governour of Coventry fought resolutely against the Crosse in the Market place at Warwick and against the Ancient Monuments in the Earls Chappel in St. Maries Church there for which he had 1500 l. given him but when he should have fought with the Enemy hid himself in a Barley-field for which a Water-man at Temple stairs that had been his souldier refused to carry him 92. Sir Edward Hungerford Col. famous for plundering Warder Castle hath the Lands of the Countesse Dowager of Rutland worth 1500 l. per an and she allowed but 500 l. 93. Harbert Morley Col. Plunder-master of Surrey 94. John Moor Col. of the Guards and for some time had the benefit of Passes out of London 95. Walter Long Col. had 5000 l. and the Office of Register for 4. years 96. Sir Will. Waller General and lost two Armies yet a gainer by the employment 97. John Allured Col. 98. Michael Oldsworth no Col. but Governour of Pembroke and Mountgomery and hath a share with his Lord out of Sir Henry Comptons Office worth 3000 l. per an and is Keeper of Windsor Park 99. Tho. Scot a Brewers Clerk formerly hath the Bishops house at Lambeth 100. Master Ashhurst when he went Commissioner into Scotland had the Clerk of the Peaces place for Lancashire and 1000 l. in money given him Besides these Offices Commands and Gratuities every Member of the House of Commons being in all 516. are by their own Order allowed 4 l. per Week a man which amounts to 110000 l. per annum By the Ordinance for sequestring Delinquents 1 April 1643. it was declared That their Estates should go for maintenance of the Publick Affairs and several Ordinances designed Bishops Lands for pay of 200000 l. Publick debt Yet by this and the following Centuries thou shalt see how both Delinquents Estates and Bishops Lands are by Members of Parliament shared amongst themselves whilest the 200000 l. is unpaid the publick affairs supported by unsupportable Taxes and that Dutch Devil Excise that insensibly devours the poor and will impoverish the rich These are they that with Hananiah break the wooden yoke from our necks 28 Jeremiah and put on one of Iron free us from a little Ship-money paid thrice in an Age and impose as much at once for a Monthly Taxe quit us of the Monopolies of Tobacco and set up Excise on Bread and Beer The first easeth the wanton rich man and the
his voice for chusing any Person to any the Offices aforesaid And that if any Persons comprehend under the aforesaid exceptions being chosen shall presume to sit in the Court of Aldermen Common-Councel 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 was ordered to be brought in you fee to endeavour peace and settlement is accounted by these Saints militant a sufficient crime to forfeit a mans Birth-right 43. The Members subscribe John Gourdons Protestation sect 29. I formerly told you of John Gourdons motion That all Members might subscribe a Protestation against the Votes for a Treaty with the King in the Isle of Wight and especially against the Vote 5. Decemb. 1648. which declareth That His Majesties Answers to the Propositions of both Houses were a ground for the two Houses to procceed to a setlement and until such dissent or disapprovall to forbeare the House This was done in obedience to the demands of the Army in their Remonstrance presented 20. Novemb. 1648. Sect. 23. And although it be so clearly against the Orders and Priviledges of Parliament that divers members formerly and some this Parliament have bin suspended the House and committed to the Tower for offering it because it tends to breed factions and divisions in the House and Tumults without doors yet every request from an Armed man is a Command and must be obeyed The List of the Names of these new Protestants followeth and it is hoped they will in time give better Reasons then the power of the Sword for it 20. December 1648. subscribed The Lord Lysle Col. Boswel Io. Gourdon Lord Gray Peregrine Pelham Col. Jones Col. Temple Col. Ven Sir Tho. Malevourer Sir Thomas Wrothe Sir Jo. Bourcher Col. Peter Temple Humphry Edwards who waited on the King to the House when he demanded the 5. Members and his Election is adjudged void by a Committee Mr. Tho. Chaloner Sir Gregory Norton who gave a man 20 l. to wait on the King in his place as Pensioner when He demanded the 5. Members Michael Oldsworth Augustine Garland Sir Jo. Danvers Mr. Dove Mr. Henry Smith Mr. Frye whose Election is voted void Mr. Searle Nich. Love John Lysle Coll. Rigby Cornelius Holland Coll. Ludlow Greg. Clement Coll. Purefoy Coll. Stapeley Mr. Dunch Mr. Cawley Coll. Downes Jo. Carey Jo. Blackiston Tho. Scot Decemb. 22. Coll. Hutchinson Sir Hen. Mildnay Sir James Harrington Decemb. 25. Col. Edward Harvey Alderman Pennington Alderman Atkins Dan. Blagrave voted out of the House Coll. Moore Coll Millington Mr. Prideaux Roger Hill the little Lawyer Dennis Bond Coll. Harrington Master Hodges Master Valentine Sixteen of the imprisoned Members were about this time sent for by the General when they came out came Ireton 44. Sixteen imprisoned Members discharged without engagement and finding Mr. Pryn amongst them he chid the Martial for bringing him and commanded him to be taken away but Mr. Pryn refusing to depart Ireton commanded him to be thrust out by head and shoulders whereupon Mr. Pryn openly protested That the Army endeavoured utterly to subvert the fundamental Lawes of the Land and Priviledge of Parliament That they had no power over him nor any Member of Parliament That their late force acted upon them and their proceedings was illegal and traiterous That all men were bound to bring them to condign punishment as Rebels and Traitours to their God their King Country and Parliament So Mr. Pryn was removed by the Martial and Ireton went in once more to consult the Oracle and at last came out again to the Gent telling them It was the Generals pleasure they should be all released attempting nothing against the actings of this present Parliament and Army but said the insolent fellow let that be at your peril so the Gentlemen expressing that they would give no engagement were released without any The 22. Decemb. both Juntoes of foure Lords 45. A mock-Fast kept by the two Houses and Hugh Peters Comick Sermon and twenty Commons kept a mock-fast at Saint Margarets Westminster where Hugh Peters the Pulpit-Buffon acted a Sermon before them the subject of his Sermon was Moses leading the Israelites out of Egypt which he applied to the Leaders of this Army whose designe is to lead the people out of Aegyptian bondage But how must this be done that is not yet revealed unto me quoth Hugh and then covering his eyes with his hands and laying downe his head on the cushion untill the People falling into a laughter awakened him He started up and cryed out Now I have it by Revelation now I shall tell you This Army must root up Monarchy not only here but in France and other Kingdoms round about this is to bring you out of Aegypt this Army is that corner stone cut cut of the Mountaine which must dash the powers of the earth to pieces But it is objected The way we walk in is without president what think you of the Virgin Mary was there ever any president before that a Woman should conceive a Child without the company of a Man this is an Age to make examples and presidents in 46. The Councell of War vote a Toleration of all Religions Decemb. 25. The Councel of VVar voted a Tolleration of all Religions you see they vote like States-men as well as their Parliament 47. The Common Councel petition against Skippons additionall Ordinance in vaine About this time a Committee of Common-Councel-men came complainning to the House of Skippons additionall Ordinance That none should Elect or be Elected or execute the place of Lord Mayor Alderman Aldermans Deputy Common-Councel-man c. that had signed the Petition for a Personall Treaty c. because they found the City generally ingaged in the said Petition so that they could not find men enough to Elect or be Elected VVherefore it was referred to a Committee to think of a remedy worse than the disease as it proved afterwards You see the petitioning for a Personall Treaty was so universall and publique that it
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
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
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
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
Lawyers in the Councel of State to do any thing effectual that way but it may be they will consider how to make the Lawes of the Land more sutable to an Olygarchical 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 Monarchical Lawes and all Lawes allowing more civil Liberty and Priviledges to the People and to several Degrees of men than squares with the Designes of our new upstart State So many men have been cheated with Publique Faith 191. Dean and Chapters Lands purchased by the Godly Irish Adventures and Bishops Lands that the Market is spoiled for sale of Dean 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 Councel of Officers they may as well buy dog-cheap and hold Deanes Lands by the same Tenure For which purpose they have their Broakers abroad to buy in Souldiers and Officers Debentures for Arrears at 5 s. and 6 s. in the pound though they are allowed the whole summ of the Debentures in the Purchase which doubling in ready money they purchase upon such easie particulars as brings it down from ten years purchase to two or three years purchase They are not seen in the business themselves but buy them in other mens names and to the secret use of their Wives and Children The Lord Munson Humpâ—rey Edwards and Sir Greg. Norton who hath sold his own Land to purchase new upon this Title and many other Saints have lately trod this obscure path 192. Souldiers insolencies remediless Great complaints are made by the Countrey of the Souldiers insolency amongst many other things in putting their Horses into mowing Grasse The General hath ordered the next Officer in chief to cause double damages to be given by the Souldier and if the said Officer neglect he is to answer it at a Councel of War 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 far off and the Councel of War will tire him with delays and expose him to more injuries of the angry Souldiers The Officers will not nor dare not keep a strict discipline 193. The Earl 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 Embassie 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 Martins Losses and Arreares referred to the consideration of a Committee If the Committee would know what Harry hath lost they must examine his Barber-Surgeon Rowland Wilsons Arrears and Losses and the L. Gray's Charges and Arreares to be considered and reported you see charity begins at home and the Members exercise it for the most part in their own House 194. The Councel of State authorized to grant Letters of Marque June 25. An Act passed to enable the Councel of State with absolute power to grant special and particular Letters of Marque or Reprisal in the name of the Keepers of the Liberties of England by Authority of Parliament what is this but to empower the Councel of State to make War at Sea with all Princes and States at their discretion they have already so far decayed all the Trade of this Nation that ere long Traffique will be totally destroyed whereby our Sea-men with their Ships will be necessitated for want of employment to revolt to the PRINCE to prevent which inconvenience they will find work for them by granting so many particular Letters of Marque to all such as shall but pretend themselves wronged by Foreign Nations as will amount to a General practice and profession of Pyracy and turn England into a second Argires whereby all Princes and States will be provoked to make a Pyratical War upon England as against a Den of Theeves and Robbers Common Enemies to Traffick and humane Society as the Romans did under the Conduct of Pompey against the Cilician and other Asiatick Pyrats Captain Younge hath blown up with Gun-powder a Ship of the Princes called the Antilope 195. Cap. Yongue's blowing up the Antilope in Helversluce with a Caution lying at Anchor in Helversluce under the protection of the States of Holland whereby the Chamber of Holland and the honour of their Inland Sea is ravished from them By this and by some former actions of the like insolency as the firing upon their Ships and killing their men for not striking Sail to them you may see what good Neighbourhood the Dutch are like to have of their younger brother State when they are once setled and confirmed in their yet infant Government even the very same which the Carthaginians found after the new erected Commonwealth of Rome grew up to maturity which proved so dangerous a Competitor in point of power profit and honour as buried the more antient Free-State of Carthage in its Ruines Free-states especially Aristocracies are very quarrelsome with their Neighbours and never want many of their Patrician most potent Families ambitious to increase their own power and glory by Wars and therefore seek occasions of quarrel with their Neighbours such was the whole Family of the Barchines at Carthage the Scipio's Fabii Camilli Crassi Pompeii Casares and many more at Rome Thus was Greece torn in pieces by its Free-states The Commons have bestowed St. Crosses Hospital upon Cooke for acting the part of an Attorney General against the late King It is fit every Judas should have his reward 196. More Gifts to the Godly the New Park in Surry bestowed upon the City in reward of their Thanksgiving Dinner that the new-packed Court of Aldermen and Common-councel may not want Venyson to fill their Wives Bellies nor they Brow Antlers to hang their Hats on 197. Order 9. June 1649. referring all secured and secluded Members to be examined before a Committee The 9. June the Commons about 46 in number had passed an Order concerning their secured secluded and absented Members and referred all such as had not already entred their dissent to the Vote 5. Decem. 1648. to a Committee to give such satisfaction to them as the House should approve of before the 30. of June instant or else the House would take order for New Elections This was to bring the said Members 300 in number at least to the winnowing that they might admit such as were for their turn to recruit their thin House and expel the rest few repaired to them and of those very few were chosen the Speakers Son Sir John Treavor who hath a Monopoly of 1500 l. per
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
papers the house was so highly incensed and flew into such a sudden heat of passion that without any more adoe they resolved That the severall Commissions of 9. great Officers displâ—ced and voted out of commission Col. John Lambert Col. John Desborow Col. James Berry Col. Thomas Kelsey Col. Richard Ashfield Col. Ralfe Cobbet Major Richard Creed Col. William Packer and Col. Rob. Barrow were null and void and every of them discharged from military imployment And that the Army should be governed by seven Commissioners Commissioners to govern the Army Viz. L. G. Charles Fleetwood L. G. Edm. Ludlow Generall George Monck Sir Arthur Haslelrig Barronet Col Valentine Walton Col. Harb Morley and Col. Robert Overton or any three or more of them which said Commissioners were to give notice to the said nine Officers of the discharge of their Commissions which being accordingly communicated now might you have seen the smoaking embers of dissembled friendship break out into an open flame of violent enmity this great and so long domineering faction being divided in it self and each side prepairing for its own The feud betwixt the rump and the Souldiery breaks out both defence and elevation for now a Quorum of the Commissioners which were appointed to govern the army being gotten together and sitting all night in the Speakers chamber which was within rhe Parliament house to issue forth orders part of the army with most of the discharged Principall Officers presently drew down to Westminster in a warlike order where they possessed themselves of the great Hall the Palace yard and all avenues and passages leading thereunto having before given out that they found it absolutely necessary for the good of the Nation to break up this Parliament for the maintaining whereof another part of the army were as active in drawing together the same night also marching down to Westminster and planting themselves in Kingstreet and in and about the Abbey Church and Yard This unusuall assembly at such an unaccustomed hour caused a generall terrour in the hearts and minds of the Inhabitants who dreaded some greater mischief than they were sensible of but the night being past in the morning the Speaker Mr. W. Lenthall at his usuall time came along Kingstreet and had passage through the ranks of Souldiers till he came to the new Palace gate The Rump turned out of doors where his Coach was stopped and himself compelled to return home as wise as he went whereby the house was interrupted from sitting which was the chief thing that Lambert aimed at yet though he had thus wrought his purpose he durst not withdraw but make good his station against the other faction the greatest part of the day each of the Phanatick leaders for so indeed they were both expecting who should give the first blow of which meekness the then council of State taking notice required both to draw off to their quarters which motion was willingly accepted on all hands and so both sides marched away Observe Thus have we seen that rump of pretended authority which in May was with much solliciting many intreaties and not a few specious pretences courted to come into play now again in October with as great scorn and malice laid a side and trampled on Nec lex est justior ulla quam necis artifices arte perire sua It hath been a generall Observation that Treason is alwayes the greatest punishment to it self like the Viper it breeds young with her own destruction and as the Poet speaketh of envy sit licet injustus livor so may I say of it though it be unjust to others yet is it very just to destroy them first that would destroy others The Councill of Officers having thus seized the Government into their hands Officers meet played with it for certain dayes till with the old Philosopher in the question about God finding the more they studyed the less they understood and that they were led by an Ignis fatuus which only trained them to the sight but would never bring them to the certenty of a settlement and pondering their own many weaknesses and infirmities with the exigency of affairs they fell into consideration of what was fit to be done In the debate whereof after many frivolous essayes they agreed at length among themselves to nominate some persons to be a Councill of State which device being applauded and a new name devised for them for they will be called forsooth the Committee of safety these following persons were pitch'd upon They erect a Committee of safety their names and characters Viz. Fleetwood whose folly would have exempted but they were affraid he would have cryed Knowing also that the best play ever hath a fool in it Lambert a seeming Saint but chief Engenier of the modell Desborow a drunken Clown skill'd in Harrassing the land steel once a sneaking petty fogger now Lord Chancellour of Ireland and a Traytor Whitlock a lump of ingratitude and deceit Sir Henry Vane chief secretary to the seven deadly sins Ludlow once a Gentleman but since by himself Levelled into the plebeyan rank Sydenham nothing good in him but his name Upstart Saloway Strickland once a rumper after a Lord of Nolls edition then a convert to the good old cause Berry pedum nequissimus the wickedst villain among 10000. Lawrence once an upstart privy Counceller now scarce a Gentleman Sir James Harrington Per risum multum possis cognoscere Wareston a mickle knave geud faw Sir Ireton and Tichborn two of the City Puckfoists who lye leger in the Common Council to discover plots for the getting of money Henry Brandrith fit for mischief else he had not been here Thompson a dull fellow but a soaking Committee-man Hewson the Common-wealths upright setter Sniveling Col. Clarke Factious Col. Lilburn preaching Col. Bennet and Cornelius Holland a most damnable Apostate both to God and his King To these fellowes thus fitly accoutred is the Government committed Com safety their power and not only so but they have power to call Delinquents to account to oppose and suppress all insurrections to treat with forreign States and Princes to raise the militia's in the severall Counties To dispose of all places of trust with many other things by which may be seen what an unlimited arbitrary power they assumed to themselves over the lives and estates of all Englishmen And that all England might take notice hereof they send out a Declaration in print Armies declaration entitled a Declaration of the General Council of the Officers of the Army wherein they say they have lodged the civil and executive part of Government in the Committee of safety whom they have obliged to prepare such a form of Government as may best sute with a Free-State without a single person Kingship or house of Peers with many equivocating though Saint-like expressions to the like effect with which they hoped to delude the World and continnue their usurpation but Sera
Chamberlin Colonel Bromfield Sir James Bunce Bar. Alderman Langham Alderman Reinoldson Alderman Brown Sir Nicholas Crispe Alderman Tompson All these Letters were sent away but the first that arrived to his Majesties hand was from his Excellency the Lord General Monck who by the leave of the House sent the same by his brother in Law Sir Thomas Clergies who was as being the first beyond all expression welcome and after some long but not tedious conferences Knighted and at length dismissed with as much kindnesse as he was at first received with joy Commissioners how received by the King After whom arrived shortly all the forenamed Commissioners together with some of the Ministry and were received by his sacred Majesty his two illustrious brothers of York and Glocester and his sister of Orange with demonstrations of affections on both sides such as are not capable of a description by my rude pen for they were such as may be imagined onely not defined like the joyes of a condemned soul now at point to dy when suddenly and beyond expectation it is not onely snatcht out of the very jawes of death but mounted aloft into a seat of Honour how it is even overpressed with the overflux of such a sudden yet joyful change and stands extasied not knowing or at leâ—st not well discerning the realities of those violent emotions under the happinesse whereof it at present labours which surpassing joy grown over and they dismissed with abundance of satisfaction with all speed his Majesty according to the earnest request of his Parliament prepared for England his Royal brother the most illustrious Duke of York Lord high Admiral taking order for the Navy And in the way to the Sea-side his Majesty was honourably entertained by the States General at the Hague of whom having taken his leave and thanked them for their Treatment and Presents he proceeded in his journey During this time the Navy under the conduct of General Mountague was come to attend and wait on his Royal pleasure upon notice of which attended by the Princesse of Orange and her son and the Queen of Bohemia he comes aboard the Naseby Frigot The King comes aboard for England and lands at Dover by him then named the Charles and after a repast there parting with high satisfaction pleasure and content on both sides with his Royal and Princely attendants he lanched forth and quickly with a prosperous and safe gale of wind anuuente Coelo came within two leagues of Dover Monck meets him a place formerly not so infamous for receiving the Barons in their rebellious wars against the King and harbouring Lewis of France as now it was famous for its loyalty in the joyful reception of its lawful Soveraign when he was come thither he sends Post for the General being resolved not to set foot on English ground till he came thither who upon the first hearing of that happy news presently took Post to meet him having before taken care for Pallaces to entertain him and left order for several Regiments of Horse to attend him for his Majesties security Providing with valor against open enemies and with prudence against pretended and basely false friends which being performed according to Order His Excellency waites upon his Majesty at Dover He is no sooner come thirher but upon knowledge thereof the King Landed at whose Honored feet in the most humble posture of a Loyal Subject on his Knees Our Great General presents himself and was received and imbraced by his Majesty in the open armes of an endeared mercy with so much affection as might well manifest the great respect the King bore to his high deserts for to shew that his embrace was signal and far from a meer complement he went nearer and kissed him No endearment is ever thought too great where there is grounded Love neither rested he there but like a true friend and lover indeed takes a delight in his society for the more clear demonstration whereof to all the world he took him with his two Brothers the Dukes of York and Glocester into his Coach with him to Dover aforesaid KINGS journey to London and the manner of it where after a dutiful acknowledgment from the Magistrates there and solemn though short entertainment he rid to the City of Canterbury so famed for her Arch-bishops Sea his Majesty being in the middle between his two brothers and the Duke of Buckingham and the General riding bare before him In this Equipage with the whole Gentry and Nobility of England attending and thousands of the meaner ranke he arrived as I said at Canterbury being met by the Magâ—stracy in their richest habiliments of Honour and by the Ministry of the place who after a grave Speech and hearty Gratulation presented him with a rich Bible as He was Defender of the True Faith and afterwards with a Golden Boul full of Gold rendring it as a Tribute to him to whom Tribute was due From Canterbury where he rested all Sunday and gave thanks to God his Father and mighty Deliverer On Munday he came to Cobham-Hall in Kent a House belonging to the Duke of Richmond but without any stay there passed on the same night to Rochester from whence on Tuesday May the 29. the day of the week which was fatal for the murther of his Royal Father but happy to himself not onely for his Birth but also for giving the first hopes of his long wished and prayed for return by the Vote of the Parliament on Tuesday the 1. of May and his being proclaimed nemine contradicente on Tuesday the 8. of May. I say on that day attended by the Duke of Buckingham the Earle of North-hampton the Earle of Cleaveland the Earle of Norwich the Earle of Shrewesbury and many others with their several respective Troops of the choyce Nobles and Gentry of the Land and his Excellency with many Regiments of his best Horse the Lord Gerard with the choyce Life-guard and the whole Countrey flocking in cutting down Palmes and strowing the wayes with all sorts of Fragrant Flowers and decking the Lanes and Passage with the greatest variety of Country Pomps Garlands beset with Rings Ribands and the like the Air ecchoing all along and redoubling the perpetually iterated Hosanna's He came to London The Metropolis of his Kingdome whose preparations were no lesse sumptuous then joyful making a short stay onely at Black-heath a place many yeares since and more then once noted and remembred for the tumultuous assemblies of several Rebels but now much more famous for the united Congregation of the whole Kingdomes Loyalty from hence about n on order was given for a speedy march to London in which Major General Broun did lead the Van with a compleat Troop of Gentlemen all in cloth of Silver Doublets Alderman Robinson followed him with an other select company the severall Lords came after with their respective Troops then came the Life-Guard After the Marshals and Heralds with some antient Lords
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.
Annesley On several such men he bestowed great offices as Marquess of Ormond to be Lord Steward of His Honourable Houshold The Earl of Manchester Lord Chamberlain The Duke of Albemarle to be Master of the Horse and Knight of the Garter Sir Will. Morris one of the Secretaries of State which took up some time in which the Parliament according to the Kings desire proceeded in the Act of Oblivion which at last after many tedious and strong debates passed both Houses and on the _____ day of _____ in the Twelfth year of his Majesties Reign had his Royal assent and was confirmed wherein were excepted from pardon both as to Life and Estate Iohn Lisle VVilliam Say Sir Hardresse VValler Valentine VVauton Thomas Harrison Edward Whalley John Hewson VVilliam Goffe Cornelius Holland Thomas Chaloner John Carew John Jones Miles Corbet Henry Smith Gregory Clement Thomas VVogan William Heveningham Isaac Pennington Henry Martin Iohn Barkstead Gilbert Millington Edmund Ludlow Edmund Harvey Thomas Scot VVilliam Cauley John Downes Nicholas Love Vincent Potter Augustine Garland John Dixwell George Fleetwood Simon Meyne Sir Michael Livesey Robert Titchburn Owen Row Robert Lilburn Adrian Scroop Iohn Okey James Temple Peter Temple Daniel Blagrave Thomas VVayte John Cooke Andrew Broughton Edward Dendy VVilliam Hewlet Hugh Peters Francis Hacker and Daniel Axtell Who had sate in judgement on sentenced to death and did sign the instrument for the horrid murther and taking away the precious Life of our late Soveraign Lord King Charles the First of Glorious memory several of whom have by divers means in sundry places been taken and others have surrendred themselves according to a Proclamation of summons set out by the King for that purpose the persons that surrendred themselves were these Owen Row Augustine Garland Edmund Harvey Henry Smith Henry Marten Simon Meyne VVilliam Heveningham Isaac Pennington Sir Hardress Valler Robert Titchborn George Fleetwood James Temple Thomas VVayte Peter Temple Robert Lilburn Gilbert Millingon Vincent Potter Thomas VVogan and Iohn Downes And therefore though they be all attainted convicted of High Treason by the Law of the Land at a fair and legal Trial by a special Commission of Oyer and Terminer directed to several of the Judges learned in the Law and to divers other worthy and honourable persons yet they are not to suffer the pains of death but their executions are to be suspended until his Majesty by the advice and assent of the Lords and Commons in Parliament shall order the execution by Act of Parliament to be passed to that purpose The persons that have been taken were Thomas Harrison Adrian Scroop Iohn Carew Iohn Iones Francis Hacker Gregory Clement Thomas Scot Iohn Cooke Hugh Peters Daniel Axtel and VVilliam Heulet Thomas Harrison having received his Tryal and being condemned to be hanged drawn and quartered accordingly on Saturday betwixt nine and ten of the clock in the morning the thirteenth of October 1660 he was drawn upon a hurdle from Newgate to the place that is rayled in by Charing-cross where a Gibbet was erected and he hanged with his face looking towards the Banqueting-house at White-hall the fatal place pitched upon by those infernal Regicides for the solemn murther of our late Soveraign Charles the first of glorious memory when he was half dead the common Hangman cut him down cut off his privy members before his eyes then burned his bowels severed his head from his body and divided his body into four quarters which were sent back upon the same sledge that carried it to the prison of Newgate from thence his head was brought and set on a pole at the South end of Westminster-hall looking toward the City of London but his Quarters are exposed to view as a publick example upon some of the Gates of the same City His pleading at his arraignment were nothing but treasonable and seditious speeches rather justifying the crime he had committed then any whit relenting and so he continued a desperate Schismatick to the Church of England to the last moment of his breath 2. John Carew was the next that followed who at the time of his tryal endevoured onely to justify the late Rump and their actings but that would not serve his turn for it was proved that he did consult and meet together with others how to put the King to death that he sate at the time of the sentence and signed the Warrant for execution so that the Jury found him guilty of compassing and imagining the Kings death for which he was also condemned to be hanged drawn and quartered c. which sentence on Monday the fifteenth of October in the morning was put in execution on the body of the said Carew his Quarters being likewise carried back on the Hurdle to Newgate but such was the goodness of his Majesty that upon the humble intercession of his friends he was graciously pleased to give them his body to be buried though his execrable treasons had merited the contrary 3 4. The next in order were Mr. John Coke the Solicitor and Mr. Hugh Peters that Carnal Prophet and Jesuitical Chaplain to the trayterous High Court upon Cooke's Trial it was proved against him that he examined witnesses against the King that he was at the drawing of the Charge that he exhibited it in the name of the Commons assembled in Parliament and the good people of England that this Charge was of High Treason that he complained of delayes prayed that the Charge might be taken pro Confesso and at last that it was not so much he as innocent blood that demanded Justice and that notwithstanding all this he acknowledged the King to be a gracious and wise King upon which the Jury found him guilty 2. Then Peters was set to the Bar against whom was proved that he did at five several places consult about the Kings death at Windsor at Ware in Coleman-street in the Painted Chamber and in Bradshaw's house that he compared the King to Barrabas and preached to binde their Kings in chaines c. That he had been in New England that he came thence to destroy the King and foment war that he had been in arms and called the day of his Majesties Tryal a glorious day resembling the judging of the world by the Saints that he prayed for it in the Painted Chamber preached for it at White-hall St. James's Chappel St. Sepulchres and other places upon which proofes the Jury finding him guilty also of compassing and imagining the Kings death the Court sentenced them viz. Cooke and Peters both to be led back to the place from whence they came and from thence to be drawn upon a Hurdle to the place of execution c. On Tuesday following being the sixteenth of October they were drawn upon two Hurles to the rayled place near Charing-cross and executed in the same manner as the former and their Quarters returned to the place whence they came since which the head of Iohn Cooke is set on a Pole on the