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.
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
That all the Arms and Garrisons of the Kingdom may be put into the hands of Antimonarchical Sectaries and the Militia of Godly Cut-throats established in every County towards the putting down of Monarchy and the erecting of the many-headed Tyranny of the Saints of Derby-house and the Army This Ordinance was commited 125. Letters uncharacterized a new invented net to catch Presbyterians in Tuesday 8 August Thomas Scot made report to the House of Commons of the private Letters brought out of Scotland by Master Haly-barton whereof I have formerly given you notice this Gentleman being a publique Messenger from the Kingdom of Scotland and not from Duke Hamilton or his Army whom only the House of Commons have declared Enemies without the concurrence of the Lords hath leave given him by the Lords to stay a Month in England yet the Commons have since Voted he shall be gone in twenty four hours or else he shall be sent home in Custody These Letters are most of them written in Characters yet this wel-gifted Brother Scot hath found out a New Light to Decipher them by and can tell by Inspiration or by Privilege of Parliament what Cypher or Character must signifie such a Letter of the Alphabet or such a mans name This engine added to the Schismatical High Commission or Committee of Clandestine Examinations is better than any spring or trap to catch any active Presbyterian that lies crosse to the design of the Godly They may suppose any mans name to lie hid under such or such Characters and Cyphers and so accuse him by virtue of this mysterious art of ayding or complying with the Scots or the Prince and pin whatsoever the Faction pleaseth to call Treason upon his sleeve these are the Arts of the Godly to make Innocency it self seem nocent and remove out of the way such as hinder the erecting the Kingdom of the Saints These Letters so decyphered were afterwards at a Conference reported to the Lords Wednesday 9 August 126. The City Petition answered The Answer to the City Petition the day before delivered to the House of Commons was reported to the House It was an Answer to some of the Prayers of that Petition only but gave no Answer to their desires for the Disbanding of all Armies to ease the people of their Burdens The restoring of the peoples Lawes and Liberties The enjoyning all Members to attend the House nor to the effectuall observation of the self-denying Ordinance this last is a noli me tangere if all Members should be enjoyned to be self-denying men there would be few Godly men left in the House How should the Saints possesse the good things of this world yet after some debate and divers expressions used by Weaver and Harvy That it appeared by the Petition that the City would desert the Parliament they gave an Answer to their desires concerning the union to be kept with Scotland and a Cessation of all acts of Hostility during the Treaty of Peace That they had Voted the Army under Duke Hamilton Enemies and Declared They would Act accordingly against them to which they would adhere Master Hugerford argued 127. The Commons debate to take away the Lords Negative voice and act without them That because the Lords had denyed to concur in the said Vote he conceived the House could make no such Declaration nor act therein without them This put the Zealous into a flame that any Member should argue against the Prâ—vileges of their House so far as to deny them to be Almighty singly and per se Reynolds the Lawyer positively affirming that the Houses of Commons being the Representative of all the People had power to Act without the Lords for safety of the people in case the Lords deserted their trust you see in this doctrine as it hath been already and is likely to be practised hereafter a ground layd to subvert the foundation of all Parliaments for ever and to bring all degrees of men to a parity or levell For the Parliament by all the known Laws of the Land consisting of 3. Estates 1. King 2. Lords And 3. Commons Two of the Estates viz. the Lords and Commons have already laid by the King and His Negative Voice and now the Commons debate of laying by the Lords and their Negative Voice because in their judgement they desert their Trust And so the Commons alone shall act as a Parliament without KING or Lords until falling into contempt and hatred of the people which will soon happen the Grandees of Derby-house and the Army shall take advantage to lay the House of Commons by and usurp the Kings supreme Governing Power the Parliaments Legislative Power yea and the Judges Judicative Power to themselves and establish the many-headed Kingdom Tyranny or Oligarchy of the Saints so much contended for in themselves O populum in servitutem paratum as Tyberius said of the Romans This is the tail of the Viper here lies his venom 128. Dead men Sequestred and the Sanctuary of the Grave violated Saturday 12 August A Message was sent to the Commons from the House of Lords in the behalf of Commissary Generall Copley who had bought and had a grant of the Wardship of the Heir of Sir William Hansby for which he paid Fine and Rent and was outed of it by a Sequestration laid upon Hansby's Estate after his death he having been never questioned for Delinquency during his life-time and this was maliciously done about the time when Master Copley was Imprisoned by the power of the Independent Faction whereof I have already said something Master Copley desired the Sequestration might be taken off and he permitted to enjoy his Contract made with the Court of Wards alleging that to Sequester or condemn a man after his death when he could not answer for himself was against the Laws of the Land even in the highest crimes of Felony and Treason and produced a President That the Committee of Lords and Commons for Sequestrations had taken off a Sequestration from the Lands of Andrew Wall for no other reason but because Andrew Wall was Sequestred after his death The case was diversly argued it was alleged that in cases of the highest Treason no man was condemned after death because he was not then in being to answer for himself there could be no proceeding in Law against a non ens In Felony if a man will stand mute he forfeits not his lands because there wants an Answer and yet it was his own fault not to answer The Parliament is bound by all their Declarations made both to KING and People and by the Nationall Covenant which contains all the first and just Principles of the Parliament to defend the Laws and Liberties of the Land and not to subvert them Take heed of giving so dangerous a President for Kings to act by hereafter against the People and against this Parliament and their friends since no man yet knows which way the tide may turn But
Duke Hamilton and a few dis-affected persons who were not likely to send any of the honest Godly party to Treat whereby the Treaty would be carried on to the disadvantage and ruine of the Godly and of the Church our only friends there And Mr. Ashurst related That the major part of the past Parliament of Scotland over-powred the minor part by an Army and so got the Engagement and other Acts and the Committee of Estates passed against which the Assembly of the Kirk consisting of 400 persons declared with one Voice I know not what he meant by saying the major part in Scotland over-powred the minor when I consider that major pars obtinet rationem totius the major part is virtually the Parliament to which the minor part must submit although here in England the lesser part of the Parliament engaging and conspiring with an Army whom themselves in a full and free Parliament had formerly declared Enemies to the State overpowred the greater part contrary to reason and practice This question seemed to agree with the sense of the Independents reasonably well because it leaves it onely to the pleasure of the King to Treat dis-junctively with the Scots upon the sole Interest of Scotland as men no ways concerned in the settlement of Peace in England whereby it is tacitely inferred that the Treaties Covenant and Union between the two Kingdoms is dissolved so the question aforesaid was put with this addition That if the King shall be pleased to invite the Scots to send some Persons Authorized c. the Parliament will give them safe conduct The fifth Vote of the Lords was That Newport in the Island of Wight should be the place of Treaty to which the Commons concurred With these debates ended this Week the 19 day of August About this time came forth a Book entituled 133. A pestilent Book called The necessity of the absolute power of Kings c. The necessity of the absolute power of all Kings and in particular of the King of England concerning which I am to admonish the Reader that it is conceived to be a Cockatrice hatched by the Antimonarchical Faction to envenome the people against the KING and PRINCE The next Week begins with Monday 21 August of whose proceedings I can give you only an imperfect scambling relation and so shall surcease all farther endeavours in this kind because I have already delivered enough for your Instruction if God have not appointed you to be led blindfold into the pit digged for your destruction but principally because my good Genius that furnished me with Intelligence hath now retired himself from acting without hope to praying with faith for his Country being tired out with hearing and seeing so much sinne and folly as now raigns at Westminster and I love not much to take news upon trust from the vulgar Peripateticks of the Hall 134. Mr. Martyns levelling practises and principles The chief things of note were More Complaints of Henry Martyn who now declares himself for a Community of Wealth as well as of Women and protests against King Lords Gentry Lawyers and Clergy nay against the Parliament it self in whose bosome this Viper hath been fostered and against all Magistrates like a second Wat Tyler all Pen and Inkhorn-men must down His Levelling Doctrine is conteined in a Pamphlet called Englands Troubler Troubled wherein All Rich men whatsoever are declared Enemies to the Mean men of England and in effect War denounced against them 135. Skippon's Listings Next the Ordinance for transferring over to the Militia of London Skippon's power of listing men in London was passed in the House of Commons with this Coloquintida in it That Skippon should name and appoint Commanders and Officers for the Forces listed to be approved of by the Militia of London 136. Cromwel's laureat letters 20 Aug. 1648 A Letter from Oliver Cromwel was read in the House of Commons relating his easie victory over Duke Hamilton and Major Gen. Bayly which puts me in mind of Ovid's Victory over Corinna of whom he saith Victa est nou aegrè proditione sua and conteining an admonition not to hate Gods people who are as the apple of his eye and for whom even Kings shall be reproved and exhorting the Speaker to whom it was written to fullfill the end of his Magistracy that all that will live peaceably and quietly viz. in Vassalage to Oliver and his Faction and neglect Religion Laws and Liberties may have countenance from him God blesse all honest men from the light of Oliver's countenance lest in an ignis fatuus mislead them from the duties of their Oaths of Allegiance Supremacy Potestation and Covenant and they that are implacable may speedily be destroyed out of the Land 137. Martial Law in London To prepare the way to whose destruction it was Ordered That an Ordinance be penned and brought into the House of Commons to try all such by Martial Law in the City of London as shall be found to plot design or contrive any thing to endanger the Parliament or City And yet London is no Garrison now as it was when Tomkims and Challoner were tried not is there any Enemy considerable in the Field whereby the known Laws of the Land may not passe currently through the Kingdom but our known Laws are not written in blood nor are they so flexible as to make all Traytors the Faction pleaseth to call such Yet as cruel as these Caco fuegos of the Faction are to some 138. Rolf's Bayl again pressed they have mercy enough for Rolf whose Bayl was again exceedingly pressed and that his two Prosecutors Osburn and Dowcet should be under restraint in his stead whom they have forejudged out of the King's Letter to the Houses not to be able to prove their information whereas it may be discretion in the King not to encrease his danger by acknowledging it Saturday 26. August 139. The KINGS Letter to the States of Scotland taken from Haly-burton The King's Letter to the Committee of States in Scotland c. in Answer to their Letter sent to Him by Haly-burton which Letter was taken from Haly-burton although a publique Minister of State and allowed by Parliament to carry their Letter to the King was read in the House of Commons I hear in general that it was excellently well penned and a very just honest and peaceable Letter Yet it was Voted neither to be sent to the Lords nor to be restored to Haly-burton but damned to close imprisonment in a Box under Seal lest the people should know how truly zealous his Majesty is to settle Peace in the Land a mystery their understandings must not be trusted withall Prolegomena Promises Protestations and Covenants made by this Parliament in behalf of the King and People AFter a repetition of many good Acts and Concessions obtained by this Parliament of the King for the ease of the People Remonstrance 15. December 1642. Exact Collect. p. 15. they
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
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
and reason captive and is almighty against all but the Councell of the Army The 8. Febr. came forth A Declaration and Protestation of the Peeres Lords and Barons of this Realm 99. A Protestation of the Peers against the late treasonable proceedings and tyrannicall usurpations of some Members of the Commons House who endeavour to subvert the fundamentall Laws and Regall Government of this Kingdom and enslave the People to their boundless Tyranny in stead of Freedom The Protestation followeth VVE the Peers Lords and Barons of this Realm of England for the present necessary vindication of the undoubted Rights and Priviledges of Parliament and more particularly of the House of Peers the just Prerogatives and Personall safety of our Kings the known Laws and Liberties of this Kingdom the Hereditary Freedom of all the Freemen of this Nation and our own affronted and contemned Honours and Authority against the many late unparallel'd dangerous Invasions and treasonable Vsurpations of a few insolent mis-advised Members of the late House of Commons whiles the greatest and ablest part of that House were forcibly detained or deterr'd from thence wherewith we find our selves and the whole Kingdom unsufferably injured and deeply afflicted Do after a long patient expectation of their own ingenious Retractions of such injustifiable Exorbitancies which their own judgements and consciences cannot but condemn whereof we now utterly despair being thereto engaged in point of Honour Loyalty Conscience Oath and love to our Native Country as also by our Solemn League and Covenant publikely declare and protest to all the world That by the Laws and Customes of this Realm and usage of Parliament time out of mind ever since there were Parliaments in this Island the principall Authority and Iudicatory of the Parliaments of England hath alwaies constantly resided and ought still to continue onely in the King and House of Peers wherein He alwaies sits and not in the Commons House who never had claimed nor ought to have any right or power to judge any Person or Cause civilly or criminally having no authority to examine any Witnesses upon Oath and being no Court of Record but onely to accuse and impeach Delinquents in and before the House of Peers where they alwaies have used to stand bare-beaded at their Barre but never yet to stand covered much less to sit vote or give Judgement And that the House of Commons without the concurrent assent of the House of Peers and Kings of England never heretofore challenged nor enjoyed nor can of right pretend to any lawfull power or Jurisdiction to make or publish any form or binding Ordinance Vote Act or Acts of Parliament whatsoever nor ever once presumed to pass any Act or Acts to erect a new High Court of Justice to try condemn or execute the meanest Subject least of all their own Soveraign Lord and King or any Peer of the Kingdome who by the Common and Statute Laws of this Realm and Magna Charta ought to be tried only by their Peers and not otherwise or to dis-inherit the right Heir to the Crown or to alter the Fundamental Government Laws Great Seal or ancient forms of process and legal proceedings of this Realm or to make or declare High Treason to be no Treason or any Act to be Treason which in it self or by the Law of the Land is no Treason or to dispose of any Offices or Places of Judicature or impose any Penalties Oaths or Taxes on the Subjects of this Realm And therefore we do here in the presence of Almighty God Angels and Men from our hearts disclaim abhor and protest against all Acts Votes Orders or Ordinances of the said Members of the Commons House lately made and published for setting up any new Court of Justice to try condemn or execute the King or any Peers or Subject of this Realm which for any Person or Persons to sit in or act as a Judge or Commissioner to the condemning or taking away the life of the King or any Peer or other Subject We declare to be High Treason and wilful Murther to disinherit the Prince of Wales of the Crown of England or against proclaiming him King after his Royal Fathers late most impious traiterous and barbarous murther or to alter the Monarchical Government Laws Great Seal Judicatories and ancient forms of Writs and legal process and proceedings or to keep up or make good any Commissions Judges or Officers made void by the Kings bloody execution or to continue any old or raise any new Forces or Armies or to impose any new Taxes Payments Oaths or forfeitures on the Subjects or to take away any of their Lives Liberties or Estates against the Fundamental Laws of the Realm or to make any new Judges Justices or Officers or set aside the House of Peers far ancienter than the Commons House and particularly this insolent and frantick Vote of theirs Feb. 6. That the House of Peers in Parliament is useless and dangerous and ought to be abolished and that an Act be brought in for that purpose to be not onely void null and illegal in themselves by the Laws and Statutes of this Realm but likewise treasonable detestable tyrannical and destructive to the Priviledges Rights and being of Parliaments the just Prerogatives and Personal safety of the Kings of England the Fundamental Government and Laws of the Realme the Lives Liberties Properties and Estates of the People and the most transcendent tyranny and usurpation over the King Kingdome Parliament Peers Commons and Freemen of England ever practised or attempted in any Age tending onely to dishonour enslave and destroy this antient flourishing Kingdom and set up Anarchy and confusion in all places All which exorbitant and trayterous Usurpations We and all free-born Englishmen are by all obligations bound to oppose to the uttermost with our â—â—â—es and fortunes lest We shâ—uld be accessary to our own and our Posterities slavery and ruine for preventing whereof We have lately spent so much blood and treasure against the Malâ—gnant Party whose Treasons and Insolencies they far exceed * 100. The Kingly Office voted down after almoâ—t 1000 years it is now discovered by these new Lights to be inconvenient to be in one hand therefore it must be in the Councel of State forty Tyrants for one King that is the Army and their Party The 7. Febru the Commons debated about the Kingly Office and passed this Vote Resolved c. By the Commons of England assembled in Parliament that it hath been found by experience and this House doth declare That the Office of a King in this Nation and to have the power thereof in any single Person is unnecessary burdensome and dangerous to the liberty safety and publike Interest of the People of this Nation and therefore ought to be abolished and that an Act be brought in for that purpose 101. A Committee to bring in a list of Names for a Councel of State A Committee was named to bring in a list
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