Examinations taken at the close Committee First against the Committee of Safety Miles Corbet Interpreter to that State-puppet-play behinde the curtain commonly called The close Committee of examinations upon the 3. Septemb. stood up and began his Report from that Inquisition saying he would begin with the Committee of safety wherein many Members were concerned and it was necessary to purge the Houses first But farther said he would suppresse the Nantes of many of his Witnesses because the Depositions he should report were but prepatory examinations and it would be for service of the State to conceal their names He first produced many Warrants signed at the Committee of Safety by the Earles of Pembroke Suffolke Middlesex Lincolne Lord Willoughby of Parham Maynard Mr. Hollis Sir Phil Stapleton Sir William Waller Mr. Long Mr. Nicholls Sir William Lewes Mr. Baynton Next Corbet reported he had a Witnesse who deposed that a Gentleman with a red head had signed many Warrants supposed to be Mr. Edward Baynton Against Master Baynton at length after much wyer-drawing of the businesse one Warrant was shewn to Mr. Baynton which he confessed to be his hand And presently Haslerigge moved that Mr. Baynton might forthwith Answer against which was objected That since these were but preparatory examinations not legall proofs no man was bound to answer them otherwise a man shall be put to as many severall answers as severall new matters of Charge come in against him and shall day by day be liable to new vexations and never know when he hath cleered himself But Corbet who of an Examiner was now become the Kings Solicitor or Advocate Criminall moved to proceed to judgment against him but first to ask him some preparatory questions But it was answered that it was illegall to squeese examinations out of a mans own mouth neither was a man bound to answer where his words may condemn but not absolve hiâ— for so much as depends upon the testimony of Witnesses against this Gentleman you cannot proceed unlesse he be by and have liberty to put crosse questions to the Witnesses It is alleaged Warrants were signed and all done in relation to a new war It is answered it was done in order to self-defence allowable by the Lawes Long before this occasion when the Army first mutinied and threatned to march up to London and use such extraordinary means against the Parliament and City as God had put into their hands you then in a full and free Parliament appointed a Committee of safety for your defence who sate and acted This Committee was but the same revived and upon the like or worse threats and menaces as by the many printed Papers from the Army will appear you have no Testimony against this Gentleman by name but only a Character of his haire and for signing the Warrant confessed by himself he is acquitted by the Proviso of the Ordinance 20. August last which excepteth only such as acted upon the force But when the Committee of safety was revived the Parliament was freer from force then it is how Mr. Baynton notwithstanding was adjudged to be suspended the House during pleasure of the House which is as much as to say So long as the Tyranny of this domineering Faction lasteth The 4. Against Master Walker of Sept. Corbet reported he had a Witnesse but named him not because they were but preparatory examinations who deposed that an elderly Gentleman of low stature in a gray suit with a little Stick in his hand came forth of the House into the Lobby when the Tumult was at the Parliament dore and whispered some of the Apprentices in the eare and encouraged them supposed to be Mr. Walker Mr. Walker denied he spake then with any man in the Lobby or saw any face that he knew there and so neglected the businesse as a thing not considerable But the next day Corbet moved that Mr. Walker might be ordered to put on his gray Suite againe and appeare before the Close Committee and the Witnesse who saith he knoweth him againe if he see him I heare Mr. Walker desired to know seeing the Witnesse had not named him by what authority the Examiners should take such a Deposition and make application thereof to him and seeing there were many Gentlemen in the House that day with whom that Character agreed as well as with himself why the Reporter did not move that all to whom that Character was applyable might be put to that test as well as himselfe but singled him out for a marke to shoot at complaining he was not ignorant out of what Quiver this Arrow came he had beene threatned with a Revenge by some of that Close Committee and had other enemies amongst them that could bite without barking He told them that yesterday Mr. Corbet Reported that the supposed old man whispered c. but desired those that were then in the House to call to mind that the noise was then so great in the Lobby that no whisper nay the lowdest words he was able to speak could not be heard Then Corbet changed his Tale saying the words were What you doe doe quickly and were spoken aloud and said the Character agreed best with Mr. Walker for that the Deponent said the Gentleman was a Leane meager man Here Mr. Walker desired the House to take notice that the Reporter had twice varyed his Report 1. In the words spoken from a whisper to lowd speaking 2. In the Character inlarged with the words leane and meager Here is Hayle-shot provided if one misse the other must hit Yet with this addition there were divers in the House with whom the Character agreed as well as with himself And by the incivility of his words it should seem the Witnesse is a man of no breeding wherefore he desired to hear his Name that he might enquire of his credit and repute If the Reporter thinks he may be practised he doth not think him a man of honesty and then he had more cause to suspect him He farther complained that to make Hue and Cry after him as it were upon fresh suite upon a character of his person and cloths five or six weeks after the supposed fact he never having absented himselfe one day from the House favoured too much of a party overswayed with malice and Revenge Your close Committee of examinations carry on businesses so in the darke being parties ingaged with the Army and not sworne to be true in their office that no man can see how to defend himself or how he is dealt with or when he is free from trouble and danger It seems we are here called ex tempore to answer for our lives ore tenus And our Accusation beginneth with the examination of our persons to make us state a Charge against our selves to betray our selves and cut our own throats with our tongues contrary to Magna Charta the Petition of Right and all those laws of God and man which in the KING'S time were
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 charme a deafe Adder the nine or ten engaged Lords that then possessed the House were thought to be fitter then a Jury of Middlesex to make work for the hang-man 52 52. Arguments proving the Lords to have no power of Iudicature over the Commons and yet they have no Judicature over the CoÌ„mons as appears by the the president of Sir Simon de Berisforde William Taylboys and the City of Cambridge Note that one president against the Jurisdiction of a Court is more valued then 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 Royall quarrell and his Laws subversion Lieut. Col. Lilburne'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. Febr. 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 conusance therefore an extraordinary way of proceeding before the Lords was requisite and by the Kings speciall Authority it was done without which I dare boldly affirme the Lords have no Judicature at all 53 53. The House of Peers no Court of Iudicature at at all properly and per se which thus I make appear 1. The King by delivering the Great Seale to the Lord Keeper makes him Keeper of his Conscience for matter of equity By his Brevia patentia to the Judges of the two Benches and the Exchequer the King makes them administrators and Interpreters of his Lawes But he never trusts any but himself with the power of pardoning and dispensing with the rigour of the Law in Criminall cases And though the Lord Keeper is Speaker of the Lords House of Court 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 Peere 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 tried by his Peers only because in acts of Judicature there must be a Judge superior who must have his inferiors ministeriall to him Therefore in the Triall of the Earle of Strafford as in all other Trialls 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 Chauncery 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 at all without the Kings speciall Authority granted to them either by his Writ or his Commission And the Lords by their four Votes having denied all farther addresse or application to the King have cut off from themselves that fountaine from which they derive all their power And all Trialls by Commission must be upon Bils or Acts of Attainder not by Articles of Impeachment a way never heard of before this Parliament and invented to carry on the designes of a restlesse impetuous Faction Had the Faction had but so much wit as to try those 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 Trialls of Commissioners were authorized by the King upon the speciall 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-pouldres hath 54 54. Blâ—nke impeachments dorment But this way of triall 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 suites ready made to fit every body was the apter meanes to bring those men to death whom they feared living had not a doubt of the Scots comming in taught them more moderation then their nature is usually acquainted with and to fright away or at least put to silence the rest of the Members with fear of having their names put into 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 generall this prologue to the Hang-man that looks more like a hang-man then the Hang-man himself hath since gotten the rich office of Register of the Chauncery as a reward for his double diligence Oh Sergeant Wilde and Mr. Steele despair not of a reward 55 55. Establishment for the Army Friday 17. Sept. the advice of Sir Tho Fairfax and his Councell of War was read in the House of Commons what standing Forces they thought fit to be kept up in England and Wales and what Garrisons Also what Forces to send for Ireland namely for Ireland 6000 Foot and 2400 Horse out of the supernumerary loose forces being no part of the Army And for England upon established pay 18000 Foot at 8d. per diem 7200 Horse at 2s. per diem each Trouper 1000 Dragoones and 200 Firelocks Traine of Artillery Armes and Ammunition to be supplied The Foot to be kept in Garrisons yet so that 6000 may be readily drawn into the field The Independent party argued That the Army were unwilling to goe for Ireland pretending their engagement to the contrary if you divide or disband any part of your Army they will suspect you have taken up your old resolutions against them to disband the whole Army It is now no time to discontent them when the Kings Answer to your Propositions tends to divide you and your Army and the people are generally disaffected to you The Presbyterian party argued That the engagement of the Army ought to be no rule to the Councels of the Parliament otherwise new Engagements every day may prescribe the Parliament new Rules we must look two wayes 1. Upon the people unable to beare the burden 2. Upon the Army Let us keep some power in our owne Hands and not descend so far below the dignity of a Parliament as
to put all into the hands of the Generall and his Councell of War You have almost given away all already The Army adviseth you to keep up more Garrisons then upon mature deliberation this House formerly Voted you have already many Garrisons manned with gallant and faithfull men to whom you owe Arrears to remove them and place new Souldiers in their roomes will neither please them nor the places where they are quartered who being acquainted with their old guests will not willingly receive new in their roomes These men have done you as good and faithfull service as any in the Army and were ready to obey you and goe for Ireland had they not been hindred by those who under pretence of an engagement to the contrary which they mutinously entred into will neither obey you nor goe for Ireland nor suffer others to goe Though you discharge these men without paying their Arrears which others of other principles will not endure yet give them good words If you will be served by none but such as are of your new principles yet consider your Army are not all alike principled and peradventure the old principles may be as good as the new for publick though not so fit for private designes and purposes You have passed an Ordinance That none that have borne Armes against the Parliament shall be imployed if you disband all such your Army will be very thin many have entred into pay there in order to doe the King service and bring the Parliament low There is no reason you should keep up 1400 Horse more then you last voted to keep up being but 5800 at which time 60000l a Month was thought an establishment sufficient both for England and Ireland But now the whole charge of England and Ireland will amount to 114000l a month which must be raised upon the people either directly and openly by way of sessement or indirectly and closely partly by sessements and partly by free-quarter and other devices nor will the pay of 2s. per diem to each Trouper and 8d. to each Foot Souldier enable them to pay their quarters If you mean to govern by the Sword your Army is too little if by the Laws and Justice of the Land and love of the people your Army is too great you can never pay them which will occasion mutinies in the Army and ruine to the country Thus disputed the Presbyterians but to no purpose it was carried against them Observe that when the War was at the highest the monthly tax came but to 54000l yet had we then the Earle of Essex's Army Sir William Waller's my Lord of Denbigh's Maj. Gen Poynt's Maj. Gen Massey's Maj. Gen Laughorne's Sir William Bruerton's Sir Tho Middletons Brigades and other Forces in the field besides Garrisons 56 56. Monthly Taxes But now this Army hath 60000l a month and 20000l a month more pretended for Ireland which running all through the fingers of the Committee of the Army 57 57. Ireland why kept in a starkept in a starving condition That Kingdome which is purposely kept in a starving condition to break the Lord Inchequin's Army that Ireland may be a receptacle for the Saints against England spewes them forth hath nothing but the envy of it the sole benefit going to this Army This 20000l a month being a secret unknowne to the common Souldiers The Grandees of the Army put it in their own purses Moreover this Army hath still a kind of free-quarter under colour of lodging fire and candle for who sees not that these masterlesse guests upon that interest continued in our houses doe and will become Masters of all the rest and who dares ask mony for quarter of them or accept it when it is colourably offered without feare of farther harme besides the Army whose requests are now become commands demanded that they might have the levying of this Tax and that their accounts might be audited at the Head quarters And though the Officers of this Army to catch the peoples affections encouraged them often to petition the Houses against Free-quarter pretending they would forbear it after an establishment setled upon them the use their party in the House made of these Petitions was to move for an Addition of 20000l or 30000l a month and then they should pay their quarters lodging fire and candle nay stable-roome too excepted Here it is not amisse to insert a word or two of this villainous oppression Free-quarter 58 58. Free-quarter whereby we are reduced to the condition of conquered Slaves no man being master of his owne Family but living like Bond-slaves in their own houses under these Aegyptian Task-masters who are Spyes and Intelligencers upon our words and deeds so that every mans table is become a snare to him In the third year of King CHARLES The Lords and Commons in their Petition of Right when not above 2000 or 3000 Souldiers were thinly quartered upon the people but for a month or two complained thereof to His Majesty as a great Grievance contrary to the Laws and Customes of the Realme and humbly prayed as their Right and Liberty according to the Laws and Statutes of this Kingdom that he would remove them and that his people might not be so burdened in time to come which His Majesty gratiously granted Yet now we are ten thousand times more oppressed with them and if these quarterers offer violence or villainous usage to any man in his house or family or commit murder or felony they are protected against the laws and justice of the land 59 59. Martiall Law and Triable only by a Councell of War at the Head quarters where a man can neither obtain justice nor seek it with safety So that we live under the burden of a perpetuall Army of 30000 or 40000 men exempt from all but martiall law which frequently oppresseth seldome righteth any man witnesse Oliver Cromwell's taking of Thomson being no Souldier from the House of Commons dore with Souldiers imprisoning and condemning him at a Councell of War where he sate Judge in his owne cause there being a quarrell between them Yet it was held Treason in the Earle of Strafford to condemn the Lord of Valentia so being a member of his Army because it was in time of peace as this was Many other examples we have of the like nature and of this Army enough to perswade us that these vindicative Saints will not governe by the known Laws of the Land for which they have made us spend our money and bloud but by Martiall Law and Committee Law grounded upon Arbitrary Ordinances of Parliament which themselves in the first part of exact Collections pag. 727. confesse are not Lawes without the Royall assent This Army hath been daily recruited without any Authority farre beyond the said number or pay established the supernumeraries living upon free quarter And when complaints have been made thereof in the House the Army being quartered in severall Brigades supernumeraries have been disbanded
impeached hereafter Sir John Maynard the same day was called to Answer Against Sir John Maynard He desired a Copy of his Charge with leave to Answer in writing by advice of Councell as the 11 Members formerly did To examine witnesses on his part and crosse examine their witnesses But these requests were denye◠and he Commanded to answer ex tempore He gave no particular Answer but denyed all in generall as Col Pride whom he cited for his President had formerly done at their Barre He was adjudged to be discharged the House committed to the Tower and farther impeached The like for Commissary Generall Copley whose case differed little The 8 of Sept. the Earl of Suffolke Lincolne Middlesex Against the 7 Lords the Lords Barkley Willoughby Hunsdon and Maynard were impeached of High Treason in the name of the Commons of England for levying war against the King Parliament and Kingdom The Earle of Pembroke then sent to Hampton-Court with the Propositions on purpose to avoid the storm was omitted untill Wednesday following and so had the favour to be thought not worth remembring Sir John Evelyn the younger sent up to the Lords with the Impeachment and a desire they might be committed They were committed to the Black Rodde And so the engaged Lords had their House to themselves according to their desires 50 50. Schismaticall Petitions The 14. Sept. a Petition from divers Schismaticks in Essex came to the Houses bearing this Title To the Lords and Commons in Parliament assembled distinct from those Lords and Commons that sate in absence of the two Speakers 16. Sept. a Petition from divers Sectaries of Oxfordsh Bucks Berkesh was delivered the House against diverse Members sitting in the House enemies to God and Godlinesse enemies to the Kingdome c. Vsurpers of Parliamentary Authority who endeavoured to bring in the King upon His owne Tearmes They desired a free Parliament and that according to the desires of the Army those that sate when the Parliament was suspended in absence of the two Speakers might be removed there was a clause against Tythes c. in it Such another Petition came but the day before from Southwarke These Petitions were all penned by the engaged party of the Houses and Army and sent abroad by Agitators to get subscriptions The ayme of these Petitions The designe was to put the two parties in the House into heights one against another to make the lesser party in the House viz. the engaged party but 59 to expell the greater party being above 140. whereby the House might be low and base in the opinion of the people and no Parliament and so leave all to the power of the Sword The Army daily recruiting and thereby giving hopes to all loose people that the Army should be their common Receptacle as the Sea is the common Receptacle of all waters because those who had no hope to be Members of Parliament might become Members of this Army Besides their plausible way of prompting the people to petition against Tythes Enclosures and Copy hold fines uncertain was to encourage them to side with the Army against all the Nobility Gentry and Clergy of the hand from whom the Army did most fear an opposition and to destroy Monarchy it self since it is impossible for any Prince to be a King only of Beggers Tinkers and Coblers But these interloping discourses omitted let us again return to these prodigious Impeachments Against the Lord Mayor Aldermen and Citizens The next in order comes in the Lord Mayor Aldermen and Citizens with whom short work was made Impeachments were sent up to the Lords against them and they sent to the Tower upon a bare report of the Inquisitor Generall Corbet and the reading of some depositions the Witnesses names for the most part concealed and none of them so much as called to the Cōmons Bar to see what they could say for themselves Contrary to Magna Charta 29. chap. and contrary to 28 Edw. 3. enacting that no man shall be put out of his Land c. nor taken nor Imprisoned c. nor put to death c. without being brought to answer by due processe of Law That is according to the Stat. 42 Edw. 3. ch 3. That no man be brought to answer without presentment before Justices or matter of Record or by due process or writ originall according to the old Law of the Land not according to new invented Articles of impeachment but according to those Laws that were well known and old in Edw. 3. time see Stat. 37 Edw. 3. 1 Edw. 6. ch 12. 6 Edw. 6. ch 11. and the Stat. 25 Ed. 3. saith no man shall be taken by Petition or sugestion made to the King or his Councell c. and the House of Peers is no more but the Kings Councell as anon I shall make evident It was moved by divers that these Gent 51 51. Arguments against impeachments before the Lords might be Tried according to Law at the Kings Bench by a Jury of twelve men de vicineto their Peers and equalls to judge of matter of fact alleaging that the Common Law was the Birthright of all the free people of England which was one of the three Principles for which the Parl so often declared in print that they fought and for defence wherof they had entred into a Covenant with their hands lifted up to God the other two principles were Religion and Liberties 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 aske questions in doubtfull poynts nor can they be Judges in their own cases 2. They have sworn Jurors of the neighbourhood for matters of fact whom they may challenge 3. The known Laws and Statutes for rules to judge by which in case of Treason is the Stat. 25 Edw. 3. you cannot Vote nor declare a new Treason And if you could to do it ex post facto is contrary to all rules of justice The Apostle saith Sin is a breach of a Commandement or Law I had not known sin but by the Law the Law therefore most 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 Chauncery where only hearings are upon Testimonies the Examiners are sworn Officers 6. A man hath but one Tryall 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
when the House was ready for the question Cromwell brought up the Reare Cromwell's Speech And giving an ample character of the valour good affections and godlinesse of the Army argued That it was now expected the Parliament should govern and defend the Kingdome by their own power and resolutions and not teach the people any longer to expect safety and government from an obstinate man whose heart God had hardned That those men who had defended the Parliament from so many dangers with the expence of their bloud would defend them herein with fidelity and courage against all opposition Teach them not by neglecting your owne and the Kingdoms safety in which their owne is involved to think themselves betrayed and left hereafter to the rage and malice of an irreconcilable enemy whom they have subdued for your sake and therefore are likely to find his future government of them insupportable and fuller of revenge then justice lest despair teach them to seek their safety by some other means then adhering to you who will not stick to your selves And how destructive such a resolution in them will be to you all I tremble to think and leave you to judge Observe he laid his hand upon his Sword at the latter end of his Speech that Sword which being by his side could not keep him from trembling when Sir Philip Stapleton baffled him in the House of Commons This concluding Speech having something of menace in it was thought very prevalent with the House 66 66. The four Bills for no addresses nor applications passed The first of the foure Questions being put That the two Houses should make no more addresses nor applications to the King The House of Commons was divided 141. yeas 91. noes so it was carried in the affirmative The other three Votes followed these votes with facility see them in print 67 67. The Committee of Sâ—fety revived and enlarged The Members had been locked into the House of Commons from before nine of the clock in the morning to seven at night and then the dores were unlocked and what Members would suffered to go forth whereby many Presbyterians thinking the House had been upon rising departed when presently the House being grown thin the Vote to revive the Committee of both Kingdoms called the Committee of Safety at Darby House passed by Ordinance dated 3. Janu. 1647. in these words Resolved c. That the powers formerly granted by both Houses to the Committee of both Kingdomes viz. England and Scotland in relation to the two Kingdomes of England and Ireland be now granted and vested in the Members of both Houses only that are of that Committee with power to them alone to put the same in execution The originall Ordinance that first erected this Committee and to which this said Ordinance relates beareth date 7. Feb. 1643. in which the English Committees were appointed from time to time to propound to the Scottish Commissioners whatsoever they should receive in charge from both Houses and to make report to both Houses to direct the managing of the War and to keep good correspondency with forain States and to receive directions from time to time from both Houses and to continue for three moneths and no longer The Members of this Committee are now The Earl of Northumberland Ro. Earl of Warwick The E. of Kent Edw Earl of Manchester Will. Lord Say Seâ—â— Phil. L. Wharton John Lord Roberts Will. Pierre poynt Sir Henry Vane sen Sir Gilbert Gerrarde Sir Will. Armine Sir Arthur Hasterig Sir Hen. Vanc Iun. John Crew Rob. Wallope Oliver St. Johns Sol. Oliver Cromwell Samu. Browne Nath. Fiennes Sir John Eveline Iunior But this Ordinance 3 Janu. 1647. vests the said powers in the Members thereof only and alone words excluding the two Houses and for a time indefinite There were then added to this Committee Nathaniel Fiennes in place of Sir Phil. Stapleton Sir John Evelin Junior in place of Mr. Recorder and the Earl of Kent in stead of the Earl of Essex 22. Janu. following the Lords sent down a Message for a farther power to this Committee which was granted in these words Power to suppresse Tumults and Insurrections in England c. and at Barwick and for that purpose the Committee to have power to give orders and directions to all the Militia and forces of the Kingdome The addition of four Lords and eight Commoners likewise to this Committee was desired but denyed 68 68. White-Hall and the Mewes Garrisoned Friday 14 Janu. after a long debate it was ordered that Sir Lewis Dives Sir John Stowell and David Jenkins be tryed as Traitors at the Kings Bench the Grand Jury had found the Bill against Jenkins Master Solicitor c. appointed to manage the businesse * but Jenkins is so great a Lawyer See Iudge Jenkins Remonstrance to the Lords and Commons of Par. 21. Feb. 1647. that the Solicitor durst not venture upon him the long sword being more powerfull in his mouth then the Law wherefore the Solicitor found an Errour in the Indictment turned him back againe upon the House to be impeached before the Lords to whose Jurisdiction he pleaded so the Solicitor put the affront from himself upon the Houses It was now 12. of the clock and many of the Independent party began to cry Rise rise The Presbyterians thinking all had been done many went to dinner yet the Independents sate still and finding the House for their turne moved That a Letter might be forthwith sent to Sir Tho Fairfax to send a convenient number to Garrison White-Hall and a party of Horse to quarter in the Mewes The Lords concurrence was not desired to this Vote but the Letters immediately drawn and sent Observe that before this Vote passed diverse forces were upon their March towards the Towne and came to White-Hall Saterday following by eight of the Clock in the morning Saterday 15. Janu. 69 69. The Armies Declaration thanking the Commons for their 4 Votes The Army sent a Declaration to the House of Commons Thanking them for their 4 Votes against the King and promising to live and die with the Commons in defence of them against all opponents Many of the Lords had argued very hotly against the said 4 Votes insomuch that it was ten Lords to ten but this engagement of the Army 70 70. The Lords passe the 4 Votes and the unexpected garrisoning of White-Hall and the Mewes turned the scales so that they passed the said 4 Votes only adding a short preamble little to the purpose holding forth some reasons for passing them to which the Commons when they came down assented When presently about 12. of the clock the House being thin Dennis Bond moved That whosoever should act against those 4 Votes or incite others to act against them should be imprisoned and sequestred Three or four dayes after the Lords had passed the said 4 Votes 71 71. The Army thanks the Lords the Army vouchsafed
his own house was there seized upon and carryed Prisoner into the Army All these acts of terror were but so many Scar-crowes set up to fright more Presbyterians from the Houses and make the Army masters of their Votes 38 38. Proceedings of both Houses under the power of the Army I must in the next place fall upon the proceedings in both Houses acted under the power and influence of this all-inslaving all-devonring Army and their engaged party To attaine the knowledge whereof I have used my utmost industry and interest with many my neere friends and kinsmen sitting within those walls heretofore when Kings not Brewers and Draymen were in power the walls of publique liberty 39 39. Ordinance to null and voide all Acts passed in absence of the two renegado Speakers The Lords that sate in absence of the two Speakers all but the Earle of Pembroke whose easie disposition made him fit for all companies found it their safest course to forbeare the House leaving it to be possessed by those few Lords that went to and engaged with the Army which engaged Lords sent to the Commons for their concurrence to an Ordinance To make all Acts Orders and Ordinances passed from the 26 July when the tumult was upon the Houses to the 6. of August following being the day of the fugitive Members returne void and null ab initio This was five or six severall dayes severally and fully debated as often put to the Question and carryed in the Negative every time yet the Lords still renewed the same Message to them beating back their Votes into their throats and would not acquiesce but upon every denyall put them againe to roll the same stone contrary to the priviledges of the Commons 40 40. Menaces used by the engaged party in the House The chief Arguments used by the engaged party were all grounded upon the Common places of feare and necessity M. Solicitor threatning if they did not concur the Lords were resolved to vindicate the Honour of their House and sit no more they must have recourse to the power of the sword the longest sword take all That they were all engaged to live and die with the Army They should have a sad time of it Hasterig used the like language farther saying Some heads must fly off and he feared the Parliament of England would not save the Kingdome of England they must look another way for safety They could not satisfie the Army but by declaring all void ab initio and the Lords were so far engaged that no middle way would serve To this was answered that this was an Appeal from the Parliament to the Army And when these and many more threats of as high nature were complained of as destructive to the liberty and being of Parliaments the Speaker would take no notice of it Sir Henry Vane junior Sir John Evelin junior Prydeaux Gourdon Mildmay Tho Scott Cornel Holland and many more used the like threats Upon the last negative being the fift or sixth the Speaker perceiving greater enforcements must be used pulled a Letter out of his pocket from the Generall and Generall Councel of the Army 41 41. A threatning Remonstrance from the Army to the House for that was now their style pretending he then received it But it was conceived he received it over night with directions to conceal it if the Question had passed in the Affirmative It was accompanyed with a Remonstrance full of villanous language and threats against those Members that sate while the two Speakers were with the Army calling them pretended Members Charging them in generall with Treason Treachery and breach of Trust And protested if they shall presume to sit before they have cleared themselves that they did not give their assents to such and such Votes they should sit at their perill and he would take them as Prisoners of Warre and try them at a Councell of Warre What King of England ever offered so great a violence to the fundamentall Priviledges of Parliament as to deny them the Liberty of Voting I and No freely Certainly the little finger of a Jack Cade or a Wat Tyler is far heavier then the loynes of any King Many Members were amazed at this Letter and it was moved That the Speaker should Command all the Members to meet at the House the next day and should declare That they should be secured from danger And that it might be Ordered that no more but the ordinary Guardes should attend the House But these two motions were violently opposed with vollies of threats by the aforesaid parties and others And after more then two houres debate the Speaker refused to put any question upon them or any of them and so adjourned to the next morning leaving the Presbyterian Members to meet at their Perill The next day being Friday the 20 Aug. there was a very thin Assembly in the House of Commons the House having with so much violence denyed protection to their Members the day before made most of the Presbyterian party absent Some went over to the Independent party others fate mute At last a Committee was appointed presently to bring in an Ordinance of Accommodation which was suddainly done and passed and is now Printed at the latter end of the said menacing Remonstrance of the Army a Childe fit to waite upon such a Mother 42 42. Debate in passing the Ordinance of null and voide Thus was this Ordinance of null and voyde gotten which hath been the cause of so much danger and trouble to Multitudes of people by the Lords reiterated breaches upon the Priviledges of the House of Commons The engaged parties threats within doores The Armies thundring Letters and Remonstrance Their Guardes upon their doores and a Regiment or two of Horse in Hide Parke ready to make impressions upon the House in case things had not gone to their mindes diverse of whose Commanders walking in the Hall enquired often how things went protesting they would pull them forth by the Eares if they did not give speedy satisfaction Thus for the manner of passing that Ordinance the matter of Argument used against it was as far as I can hear to the purpose following It was alledged that the force upon Munday 26 July ended that day that the next day being Tuesday the House met quietly and adjourned That upon Friday following the Houses fate quietly all day and gave their Votes freely and so forward the City having sufficiently provided for their security That this tranfient force upon Munday could have no influence on the Houses for the time to come That the Supream power of no Nation can avoide their owne acts by pretended force This would make the common People the Jurors and Judges to question all acts done in Parliament since one man can and may judge of force as well as another This were to being the Records of the House into dispute Magna Charta was never gotten nor confirmed but by force force was
threefold upon one or both Houses or upon the King in giving His Royall Assent neither could plead it the Parliament is presumed to consist of such men as dare lay downe their lives for their Country When the King came with force to demand the 5 Members when the City came downe crying for Justice against the Earl of Strafford when the women came down crying for Peace when the Reformado's came down in a much more dangerous Tumult then this of the unarmed Prentices yet the Houses continued sitting and Acting and none of their Acts were nullified That to make their Acts Orders and Ordinances voide ab initio would draw many thousand men who had acted under them into danger of their lives and fortunes who had no Authority to dispute the validity of our Votes we must therefore give them power to dispute our acts hereafter upon matter of fact for to tie men to unlimited and undisputable obedience to our Votes and yet to punish them for obeying whensoever we shall please to declare our acts voide ab initio is contrary to all reason If to act upon such Ordinances were criminall it was more criminall in those that made them And who shall be judges of those that made them Not the Members that went to the Army They are parties pre-ingaged to live and die with the Army and have approved the Armies Declaration calling those that sate a few Lords and Gentlemen and no Parliament they have joyned with a power out of the Houses to give a Law to and put an engagement upon both Houses a president never heard of before of most dangerous consequence it takes away the liberty of giving I and No freely being the very life of Parliaments If all done under an actuall force be voide it is questionable whether all hath been done this 4 or 5 years be not voide and whether His Majesties Royall Assent to some good Bils passed this Parliament may not be said to have been extorted by force if the Kings Party prevaile they will declare this Parliament voide upon the ground your selves have laid 1 Hen. 7. That King urged the Parliament to make voide ab initio all Acts passed Rich. 3. which they refused upon this ground That then they should make all that had Acted in obedience to them lyable to punishment only they repealed those Acts. The debate upon this Ordinance of null and voyde held from Munday 9 of Aug. to the 20 Aug. when it was passed but not without some interloaping debates of something a different na-nature yet all looking the same way occasioned by Messages from the Lords Namely once upon a Message from them The said Declaration from Sir Thomas Fairfax and his Army 43 43. The Lords Message to the Commons to approve the Declaration of the Army concerning their advance to London was read debated in grosse whether the Commons should concur with the Lords in approving it But almost all but the engaged Party and their Pensioners distasted it it was laid by without any question put lest it should prove dangerous to put a Negative upon their Masters of the Army Yet many menaces according to custome were used by the engaged party to get it passed Hasterig affirming that those Gentlemen that sate and voted for a Committee of safety 44 44. The Committee of safety and the Kings comming to London did drive on the designe of the City protestation and engagement To which was Answered That the Committee of safety was not then newly erected by those which sate but the old Committee revived by that Vote which had been long since erected in a full free Parliament when the Army first mutinyed and threatned to March to London and for the same ends Defence of Parliament and City And for the Kings comming to London it was Voted only to get Him out of the power of the Army as formerly in a full and free Parliament he had been voted to Richmond for the same reason 45 45. A Committee to examine the Tumult Upon another Message from the Lords the Commons concurred in an Ordinance to erect a Committee of Examinations to inquire into and examine the City Petition engagement and the force upon the Houses 26 July and all endeavours to raise any forces 46 46. A Sub-committee of Secrecie selected to examine the Tumult c. This Committee consisted of 22 Commons besides Lords almost all of them Members engaged with the Army but because there were some three or four Presbyterians gotten in amongst them to shut these Canaanites forth that the Godly the true seed of Israel might shuffle the Cardes according to their owne minde the 13 Aug. after upon another Message from the Lords there was a Sub-committee of Secrecy named out of this grand Committee of Examinations to examine upon Oath The persons were the Earl of Denbigh and Mulgrave Lord Gray of Wark Lord Howard of Escrig Sir Arthur Hasterig Mr. Solicitor Gourdon Miles Corbet Alderman Pennington Allen Edwards Col Ven or any three of them All persons engaged to live and die with the Army and now appointed to make a clandestine scrutiny and search into the lives and Actions of the Presbyterian party that sate in Parliament doing their duty when the engaged party fled to the Army and brought them up in hostile manner against them The unreasonablenesse of this way of proceeding was much urged 47 47. Debate upon the passing the Committee of Secret examinations and farther alleaged that it was neither consonant to the Customes of the House nor unto common reason That a Sub-committee should be chosen out of the Grand Committee of examinations with more power then the Grand Committee it self had and excluding the rest of the Committee under the pretence of secrecie Besides it was against the priviledge of the House of Commons that the Lords should nominate the Commons in that Sub-committee as well as their own Members But the Independent Grandees would have it passe Breach of Priviledge and all other considerations are easily swallowed when they are subservient to their present designes The party engaged were resolved to be Examiners Informers 48 48. The manner of prosecution and proceeding upon the Tumult and witnesses as well as parties so active was their malice and had so well packed the Cardes that eight or nine Schismaticall Lords engaged likewise with them and the Army should be judges of the Presbyterian party that sate in absence of the two Speakers the better to give the two Houses a through Purge and make them of the same complexion with the Army without which they had no hopes to divide the power and profit of the Land between themselves by 10000. l. 20000. l. in a morning shared amongst the godly and to make the whole Kingdom to be Gibeonites hewers of wood and drawers of water to the faithfull In order to the playing of this game 49 49. Miles Corbet makes report of