The King cannot plead Dures no man can imprison or hurt the King in his politick capacity as King though in his natural capacity as man he is as passive as other men To which was replyed That it had been frequently said in the House the King was a prisoner That there was no difference in Law between a restraint and an imprisonment whether legal or illegal A tortious restraint is called in Law a false Imprisonment That former Kings have avoided their own Acts by pleading Restraint or Imprisonment and Constraint as R. 2. H. 3. That the King may as well plead Imprisonment as the Parliament plead a Force which they have lately done That the Kings Restraint in Law is Arcta custodia God grant it be salva custodia we have lately had Information to the contrary The distinction between the Kings natural and politique capacity was Treason in the Spencers and so declared by 2 Acts of Parliament in the time of Edw. 2. and Edw. 3. See Calvins case in my Lord Cook they are unseparable by the Law Tho. Scot argued That the City was as obnoxious to the Kings anger as any part of the Kingdom and if the Treaty should be in London who shall secure us that the City will not make their Peace with the inraged King by delivering up our Heads to Him for a sacrifice as the men of Samaria did the heads of the 70 sons of Ahab It was farther moved That if the King came not to London but to one of his houses about 10 miles from London That He might be desired to give His Royal word to reside there untill the Conclusion of the Treaty Col. Harvy slighted this motion vilifying the Kings Royal word and saying There was no trust in Princes he alleged the Kings promises had been frequently broken as when he protested the safety and privileges of Parliament should be as precious to Him as the safety of His Wife and Children and within three or four dayes after came with armed Guards to force the House and other instances which have been too often remembred and shall be here omitted At last they fell upon a report that the Committee of Lords and Commons had Voted They would not insist upon the 3 Votes preparatory to a Treaty viz. Presbytery the Militia and recalling all Declar Procla c. This was long argued to and fro At last it was Voted That the King be desired to assent to the said 3 preparatory Propositions 99 My Lord Say's discourse about a Personal Treaty and sign them with his hand to be passed as acts of Parliament when the King shall come to Westminster My Lord of Warwick had moved in the Lords House about this time for a Personal Treaty and was seconded by the Earl of Northumberland but my Lord Say opposed it and prevailed against it afterwards my Lord Say in his way home visited the Duke of Richmond and amongst other discourse told the Duke He was sorry to find so great an indisposition to peace saying he had moved for a Personal Treaty but could not prevail this was done upon hopes the Duke would have writ so much to the Queen or Prince But the Earl of Holland coming that day to see the Duke and the Duke relating to the Earl what the Lord Say had told him the Earl of Holland discovered the truth to him and so spoiled the design you see the Devil doth not always own the endeavours of his servants The said 5 July the Speaker as soon as he sate in his Chair 100. The news of the D. of Buck. taking Arms. alarmed the house of Commons with the news of the Duke of Buckingham's and the Earl of Holland's drawing into an hostile posture relating they were 2000. that they intended to take Lambeth-house that the Bullets would presently be about their ears if they did not rise which put the zealots into such a rout that they presently cried Adjourn adjourn until Monday and had hardly so much patience as to hear any reasons to the contrary but this was but a counterfeit fear the design hid under it was to prevent the City from bringing in that day their Petition for a Personal Treaty and to leave the whole power of the House during the Adjournment to the Committee of Derby house to raise what Horse and Foot they pleased under colour of suppressing this Insurrection For when they found they could not prevail to Adjourn 101. Skippon authorized to raise 1000 Horse they moved for power to be given to Maj. Gen. Skippon to raise Horse whether to possess the Avenues and passages from the City to the Earl of Hollands Army or to keep the City under the terror of a Horse Guard is doubtfull And the same day Mr. Swynfin reported from the Committee of Safety That they offered to the Consideration of that House 102. A Report from Derby house that the Members should underwrite for maintaining of Horse that it was fit the House should have a Horse Guard and that every Member should underwrite how many Horse he will pay for 10 days This is refused by some Gentlemen upon these grounds 1. It bears the aspect of an Imposition or Tax set upon the House by their Committee 2. The Members have not suffered alike and therefore cannot do alike some have lost much and got nothing others have got much and lost nothing and it is not equal that Losers should bear equall burthens with Getters and contribute out of their Losses to maintain other mens Gains and preserve them in their rich Offices and Bishops Lands purchased for little or nothing Gentlemen are made Beggers and Beggers Gentlemen 3. It is a dividing motion tending to lay an imputation of Malignancy and dis-affection upon those that cannot as well as those that will not subscrâ—be and so gives a great advantage to the Gainers over the Losers which the Losers have no reason to submit to 4. A Personal Treaty being now in debate this motion makes many Members forbear the House who cannot grant and dare not deny It carries with it therefore something of design and terror and so takes away the liberty of Parliament which when so weighty a business is handling is ought to be If this Horse Guard be raised how shall we assure our selves they shall be Disbanded after ten days being once under Command It is therefore a subtile malicious tyrannous act for the Committee of Safety to put so tempting a motion upon the House and give men cause to suspect that something of Design and Danger lies hid under it 103. The device of a forged letter About this time a Letter without any name subscribed was left at Major General Brown's house in his absence consisting of two parts 1. A Preamble of great respect and love born to him by the Epistoler for his fair carriage to the King and good affection to peace and reconcilement with the King 2. An Admonition to look to
their Thanksgiving Devotions and Dinner to be celebrated together in and with the City upon Thursday ensuing the 7. of June and lest it should dishearten more secluded Members from comming to sit in the House with them again knowing that Tyrants are followed for their fortunes not for themselves wherefore upon Tuesday following being the 5. Jun Popham made another kinde of Report to the Plebeians of the Commons House who must not be trusted with the truth of State-mysteries but like Wood-cocks must be led in a mist That he had left Kingsale blocked up with ten Ships and the Seas secured in peace and quietness and the better to adorn the fable and suppress the truth from approaching the ears of the people the House that day 15. June passed an Order That for this remarkable additional mercy bestowed upon them in the prosperous success given to their Fleet at Sea upon Thursday next 7. June the day set apart for publick Thanksgiving the Ministers should praise God Lord since there audacious Saints are so thankful to thee for one beating bestow many more beatings upon there for they stand in need of all thy corrections The like attempt hath been upon Scilly with the like success Scout from June the 8. to 15. 1649. 179. Gifts given amongst the Faction since which time forty sail of Ships are pressed in the Thames to recruit the shattered Navy given forth to be a Winter Guard at Midsummer John Blackiston is packed away to the other world and the House upon 6. June voted to Wife and Children 3000 l. out of the Earle of Newcastle's and Lord Wytherington's Estates in compensation of the loss of his Pedlery Ware in his Shop at Newcastle he had formerly given to him 14000 l. you see the insatiate hunger of Gold and Silver survives in the very Ghost of a Saint after he is dead 500 l. more was given to Johns Brother an Estate out of the Rectory and Demesnes of Burford was setled upon the Speaker 400 l. per ann Lands are be setled upon the General out of the Duke of Buckinghams and his Brother the Lord Francis Villers Estates 400 l. per ann out of Claringdon Park upon the Earle of Pembroke 1000 l. was bestowed upon an eminent Member of Parliament for his many good Services 4868 l. to the Lord Lisle out of the Monthly Assesment for Ireland for his penny-worth of good service done there you see to what purpose we pay Taxes 2000 l. Land per an and 1000 l. Money given to Bradshaw the price of Bood And 400 l. more given to the Poor of the City to stop their mouths from cursing upon the Thanksgiving-day out of the 2000 l. Fine set upon the Lord Mayor Reynoldson for not proclaiming the Act for abolishing Kingly Government this is according to the Spanish Proverb To steal a Sheep and give away the Trotters for Gods sake You see the Saints can finde Money to give Gifts though not to pay Debts although the Publick Faith lye at pawn for them A Committee is appointed to consider how to prefer Mr. Tho. Goodwin and Mr. Owen to he Heads of Colledges in Oxford as a Reward for asserting the late proceedings of Parliament upon the aforesaid Thanksgiving-day It is not fit such men should serve God for nothing in the times of S. Peter and S. Paul Godliness was great Gain but in the daies of our modern Saints Gain is great Godliness The thing that miscalls its self a Parliament 180. The Kxcise enlarged upon Salt hath set an Excise of 1 d. the Gallon upon all forraign salt imported which is in effect upon all the salt we use our home-made salt being inconsiderable you see our Cups our Spits our powdring-Tubs our washing-bowles our Kettles our Hats Dublets Breeches Stockings Shooes nothing we use eat drink or wear is free from being devoured by these sanctified Locusts of the Free-State who complained of the King for that petty inconsiderable Tax of Ship-mâ—ney which His Majesty spent in maintaining Guards of Ships upon our Seas so much to the Honour of our Nation that the King of Spain trusted all those vast summs of Bullion he sent to the Low-Câ—untries to be Coined in our Mint and above a third part yearly to be laid out here in English Cloth and Commodities which with the residue of the Spanish Treasure was afterwards wafted over into Flaunders in English Bottomes for which they were liberally payed whereby every mans estate was increased 10 l. in the hundred England infinitely abounded with Coin and Plate as appeares by those many vast summs that have been constantly extorted from the People since the beginning of these Wars more I dare say than all our Kings since the Conquest excluding William the Conqueror and Henry the Eighth ever raised upon the People and by those many vast summs our seeming Saints have sent into banks beyond Sea and buried in their private Coffers Reader let me admonish thee 181. A Vindication of the Levellers in some things and a further design to garble and enslave the Army That the Levellers for so they are mis-called onely for endeavouring to Level the exorbitant usurpations of the Councel of Officers and Councel of State are much abused by some Books lately printed and published in their names much differing from their declared Principles Tenets and Practices but forged in Cromwâ—ls and Irâ—tons shops to cast an odium upon them These State-wolves by such forgeries endeavour to make the Sheep forsake and betray the Dogs that faithfully guard them that they may with more security fleece them flay them and eat them hereafter Ireton Hâ—slerig and Postmaster-Attorney Prideaux by themselves and their Blood-hounds Spies and Intelligencers have been very diligent to draw dry-foot after Mr. Lilburne Walwine c. and suborn witnesses against them but not having yet quite extinguished all sparks of truth and honesty unless it be in their own breasts failed of their purposes Yet they go on to purge the Army as they have done the Parliament and Conventicle of State of all free-born humours in order to their destruction that the Army may consist of meer mercenary brutish spirits such as will so far neglect the duties of men and Christians as to execute all their tyrannous bloody illegal Commands with a blind obedience and implicite faith without asking a question for Conscience sake the better to enslave both the Kingdom and Common Souldiers In farther prosecution of this Design they have projected to levy seven new Regiments which by way of Gullery they call Presbyterian Regiments and shall be raised by Presbyterian Commanders but those Commanders shall only be imployed to countenance the work for a time and then for pretended offences be purged out of the Army if not out of this world by the Councel of Officers and more confiding men put in their rooms and then shall these new Officers and Regiments be used as Catch-poles and Hangmen contrary to the honour of Souldiers
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.
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
Speaker of the House of Commons worth 2000 l. per an besides rewards for courtesies not to say Bribes Master of the Rolls worth 3000 l. per an beside the sale of Offices Chamberlain of Chester in the Earl of Darbies place And until of late Chancellor of the Dutchey of Lancaster worth 1230 l. per an and one of the Commissioners of their great Seal worth 1500 l. per an and had 6000 l. given him at one time by the House 2. Bulstrode Whitlock Commissioner of the great Seal worth 1500 l. per an and had 2000 l. given him out of Mr George Minn's estate 3. Edmund Prideaux formerly a Commissioner for the great Seal worth 1500 l. per an Now by Ordinance practices within the Bar as one of the Kings Councel worth 500 l. per an and is Postmaster for all Inland Letters worth 100 l. every Tuesday night beside his supper and it was thus got The Lord Stanhop the Postmasters and Carriers of England complained in Parliament against Mr. Witherings and others touching the carrying of Letters whereupon the benefit of forein Letters were given to the Earl of Warwick worth 5000 l. per an and the Inland Letters to Mr. Prideaux good Parliament Justice 4. Roger Hill a Barrester of the Temple in no practice nor of a considerable estate till this Parliament hath now from the House the Bishop of Winchesters Mannor of Taunton Dean being the best of England and worth 1200 l. per an when the estates for lives determine 5. Humphrey Salway the Kings Remembrancer in Mr. Fanshaw's place worth 200 l. per an 6. Francis Rous Provost of Eaton in Dr. Stewards place worth 600 l. per annum and hath got a College Lease worth 600 l. per annum 7. John Lisle Barrester of the Temple Master of St. Crosses in Dr. Lewes his place being a place for a Divine and worth 800 l. per annum 8. Oliver St. John by Ordinance both Attorney and Solicitor to the King worth what he please to make it and hath the passing of all Pardons upon Commissions worth 40000 l. 9. Sir William Allison Alderman of York Clerk of the Hamper worth 1000 per an he hath Crabb-Castle worth 600 l. per an Sometimes the Bishop of Yorks in York-shire 10. Thomas Hoile Alderman of York Treasurers Remembrancer in the Exchequer in Sir Peter Osburn's place worth 1200 l. per annum 11. Thomas Pury Senior first a Weaver in Glocester then an ignorant Countrey Solicitor had 3000 l. given him and Mr. Gerrards place in the Petty-bag worth 400 l. per an 12. Thomas Pury Junior Son to the Elder Receiver of the Kings Rents in Glocester and Wilts Clerk of the Peace of Glocester-shire worth 200 l. per an and Captain of Foot and Horse the first year of this Parliament servant to Mr. Towneshead an Attorney of Staple Inne 13. William Ellis Steward of Stepney worth 200 l. per an and by him sold to one of the Temple 14. Miles Corbet at the beginning of the Parliament 3000 l. in debt for himself and his Mother more than he was worth now one of the Registers in Chancery worth 700 l. per an besides Chair-man for scandalous Ministers worth 1000 l. per an And hath money in his purse 15. John Goodwyne the other Register in Chancery worth 700 l. per annum 16. Sir Thomas Widdrington a Commissioner of the great Seal worth 1500 l. per. an 17. Edward Bishe Garter Herauld in Sir Edward Walkers place worth 600 l. per an 18. * Walter Strickland Agent in Holland for the two Houses of Parliament worth to him 5000 l. 19. Nicholas Love Mr. Speakers Chamber-fellow one of the six Clerks in Chancery in Mr. Penruddocks place worth 2000 l. per annum 20. Sir Gilbert Gerrard much in debt before the Parliament pay-master to the Army and had 3d. per pound allowed besides Gratuities worth 60000 l. and now Chancellor of the Dutchey worth 1200. per an 21. Gilbert Gerrard his second son Clerk of the Dutchey and for whose benefit the Clerk-ship of the Assize in Norfolk is granted to Mr. Edward Garret his Cozen by the procurement of Sir Gilbert and is worth 500 l. per an 22. John Selden had given him 5000 l. of which he received 2500 l. pound 23. * John Bond Son to Dennis Bond a Parliament man made Master of Trinity-Hall in Cambridge which Mr. Selden refused to accept of 24. Sir Benjamin Rudiard given him 5000 l. And hath he not deserved it 25. * Lucas Hodges Customer of Bristol 26. Sir John Hipsley hath the keeping of three of the Kings Parks Mary-bone-Park that was Mr. Carewes Hampton-Park and Bushy-Park and given him 2000 l. in Money 27. Sir Thomas Walsingham the Honour of Eltham that was the Earl of Dorsets the middle-Park and house which was Master Whines and hath cut down 4000. Timber Trees 28. Benjamine Valentine given him 5000 l. 29. * Sir Henry Heyman given him 5000 l. 30. Denzell Hollis given him 5000 l. 31 * Nath. Bacon given him 3000 l. 32. * John Steevens given him out of the Lord Astley's Composition 1000 l. 33. * Henry Smith made one of the six Clerks worth 2000 l. per annum 34. Robert Renolds had 2000 l. given him Besides Abingdon-Hall and the Lands worth 400 l. per annum Hath bought a good penny-worth of Bishops Lands hath 20000 l. beyond Sea as he made appear upon his Mariage 35. Sir John Clotworthy Treasurer for Ireland and by the Army charged with defrauding of the State of 40000 l. which may be one reason the King could never get an Account of the monies raiâ—ed for the Irish though he desired it 36 â—ohn Ashe given him out of Mr. John Coventry's Composition 4â—00 l. out of Sir Edward Mosely's 1000 l. out of Mr. Edw. Phâ—â—'s 1200 l. out of Sir John Powel's estate 8000 l. And which is wâ—â—ll this is the great Chairman at Goldsmiths Hall Is not this better than cloathing 37. * John Lenthall son to the Speaker made one of the six Clerks worth 2000 l. per annum 38. * Francis Allen a poor Goldsmith at St. Danstans in Fleetstreet now made a Customer for London In honour of whom clipped moneys are called Allens 39. Giles Green the Reciver of York-shire being put out of his place got it for his Son-in-Law is Chair-man for the Navy and for Sir Thomas Daws his estate and what it was worth to him Sir Thomas Daws his Creditors will tell you for they got nothing 40. Francis Pierpoint hath the Arch-bishop of York's Lands lying in Nottingham-shire 41. William Pierpoint hath 7000 l. given him and all the Earl of Kingston's personal Estate worth 40000 l. 42. * John Palmer Mr. of All-Souls in Oxford in Doctor Shelden's place a Divine 43. * John Blackeston a poor shop-keeper in New Castle was Executor to the Executor of Sir John Fenner trusted with 6000 l. for Charitable uses and was sued in Chancery to perform the trust but got himself returned a
which of the two he should take in hand but the constant assurance they had from Argile and those accursed Clergy-men that were bribed by Stephen Marshal That there was no fear of danger from Scotland in hast made them hasten to finish the enslaving of England and Wales and then they resolve to conquer Scotland which they conceive may be quickly done having Argile and his Faction so firm to them that although he would neither he nor his Partners dare revolt from them having received so much of their money lest they should reveal more than he desires should be known and as the Independents sent their Emissaries through all Counties and Corporations to get hands to Petitions for thanks to the House for their dethroning Votes so Argile and Marshal's Hirelings have been very active to get hands to Petitions in many Shires Corporations and Provincial Assemblies for hindering the engagement against the rebellious Army of Sectaries and the Independent Junto their Confederates whereas there is no intention against the Parliament or Body of England but to comply with all religious honest hearted and loyal Subjects who desire that His Majesty may be enlarged and brought to a Personal Treatie whereby Peace and Truth may be setled in the three Kingdoms their chief pretences being that Religion is not secured the Religion now established in Scotland was by Act of Parliament His Majesty present so well secured as the most religious Church-men and most skilfull Lawyers could devise if you have got New Lights and desire any other Religion to be established vindicate His Majesties Honour and put up your Petitions to Him in an orderly way and He may possibly vindicate you from the Yoke of Slavery which some of your tyrannizing Clergy desire to put upon you The next is a wonderfull increase of your fears by the great Trusts put upon such persons of whom you have just cause of jealousie to this Kingdom and the Cause of God though you do not speak plain your Pamphletters do and your Pulpit Incendiaries to some purpose you mean Duke Hamilton now General of the Forces des gned by the Kingdom and Parliament of Scotland for vindicating the Honour of the Nation and revenging His Majesties Captivity upon that perfidious rebellious Army of Sectaries and their adherents what he did before the subscribing of the Covenant ought not to be objected his moderation even then deserving the honour and love of his Country and since his subscribing malice it self cannot tax him that he hath done any thing contrary to his Covenant or his Country what Montrosse doth asperse him with that he hindred his intended invasion of Scotland and so consequently His Majesties Service none of those who stand for the Covenant who did think Montrosse an enemy to the Covenant and to his Country ought to object this to my Lord Duke whose tender care of the safety and welfare of his Country may evidently appear even in the relation of one of his most deadly enemies and whereas his good advice for moderation was misconstrued by Argile and his prevailing Faction on the one side as if he had done things contrary to the Covenant and by Montrosse and his Confederates at Court on the other side as if he had connived or been accessary to those violent courses against his Majesty which God knows he was not able at that time to hinder his intentions being still for Peace and such a Peace as might consist with the safety of Religion and His Majesties honour whereof he was very hopeful being confident of His Majesties propensnesse to Peace and the interest he had in His Majesties favour but the watchfull malice of his enemies and the enemies of Peace did cunningly prevent his going about so good a work making him Prisoner without His Majesties knowledg hindring by all means a meeting betwixt them knowing that his Majesties justice and the Dukes innocency would quickly make their calumnies to vanish what a sad imprisonment did he indure much heightned by the then impossibility of clearing his innocency to his Sovereign the losse of whose favour would be more bitter than a thousand deaths and his real intentions for the good of his Country for whose cause he hazarded and suffered so much misery and imprisonment Yet this noble Dukes implacable and malicious enemies do further asperse him as a man of no Religion a meer Polititian and one that seeketh the ruine of his Soveraign by the aspiring to the Crown of Scotland It would trouble the best Politicians and the most Religious upon earth in these distracting and distracted times to distinguish rightly betwixt the duty we owe to Religion and the duty we owe to our Prince supposing them enemies but the falsity of this supposition which hath misled many thousands and been the ground of all our miseries being evident to the Duke who had the honor to be educated and intimate with his Majesty from his youth knowing his Majesty to be a lover and honourer of the true Protestant Religion a lover of justice and mercy and a practiser of all Christian and moral virtues and with a most munificent hand a royal Benefactor to himself and his Family It may be asked if it had been either piety or policy in the Duke to have kick'd off so loving and so liberal a Lord and Master although he had not been his Soveraign or to have ingaged against his Country with any Party that for their own ends more than the good of their Soveraigns were disturbers of all moderate Counsels so long as he had any hopes of Peace especially seeing so many sad presidents in both Kingdoms where many powerfull Subjects lovers of the true Protestant Religion not joyning prudence with their loyalty and innocence have crush'd them under the Load and nothing easeth His Majesties burthen but rather increaseth the same all their wealth and power being now made instrumental to enslave both KING and Kingdoms the Duke's prudence having vindicated him from the ruine intended against him by his enemies and reserved him through Gods blessing to vindicate his Loyalty by re-enthroning his Majesty so soon as God hath enabled him with any power to do it As for his Religion it is known he is neither Popishly affected nor a Sectary but who hath ever been a professor of the true Protestant Religion a lover and Patron of all Godly men and honest Ministers even in the time of Episcopacy when few or none but himself durst appear for them if his judgement had not been overswayed in some Star-Chamber sentences before he had that wisdom and experience which he now hath and long before he did take the Covenant if he had been ambitious of popular applause he had been more renown'd for his Religion than for his Princes royall bounty but wishing rather to be religious than seem so his favours were given in secret to many godly Ministers and his Majesties honour and good chiefly aimed at in the bestowing of them and
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
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
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