both Houses and now into Orders of a remaining Faction of one House 1. That the People that is their own faction according to their said Principle are under God the originall of all just power 2. That the Commons of England in Parliament assembled being chosen by and representing the People have the supreme power of this Nation 3. That whatsoever is enacted or declared for Law by the House of Commons assembled in Parliament hath the force of Law and all the People of this Nation are concluded therby although the consent or concurrence of the King or House of Peers be not had thereunto This chain-shot sweeps away King Lords Laws Liberties property and fundamentall Government of this Nation at once and deposites all that is or can be neer or deare unto us in scrinio pectoris in the bosomes and consciences of 50. or 60. factious covetous Saints the dregs and lees of the House of Commons sitting and acting under the power of an Army and yet the House of Commons never had any Power of Iudicature nor can legally administer an Oath but this in pursuance of their aforesaid Principle That they may pass through any form of Government to carry on their Design The Diurnall tells you there was not a Negative Voice this shews under what a terror they sit when in things so apparently untrue no man durst say No so the said Declaratory Vote and Ordinance for Triall of His Majesty by a Court Martiall if the Diurnall speak true and yet the King no Prisoner of War was passed onely in the name and by the Authority of the Commons Notwithstanding the Order of the House That the Clerk should not deliver a Copy of the said Ordinance to any man I here present the Reader with a Copy thereof * An Act of Parliament of the House of Commons for Tryall of Charls Stuart King of England 59. The Act for Triall of the King VVHeras it is notorious that Charles Stuart the now King of England was not content with the many incroachments which his Predecessors had made upon the People in their Rights and Freedom hath had a wicked Design to subvert the ancient and foundamentall Laws and Liberties of this Nation and in their place to introduce an Arbytrary and Tyrannicall Government Quaere Whether the Faction do not translate these Crimes from themselves to the King with many others and that besides all evil waies to bring His Design to pass He hath prosecuted it with fire and sword levied and maintained a Civill Warre in the Land against the Parliament and Kingdom whereby this Countrie hath been miserablie wasted the publique Treasure exhausted Trade decayed thousands of People murdered and infinite of other mischiefs committed for all which high offences the said Charls Stuart might long since have been brought to exemplary and condigne punishment Whereas also the Parliament well hoping that the restraint and imprisonment of His Person after it had pleased God to deliver Him into their hands would have quieted the distempers of the Kingdom did forbear to proceed judicially against Him but found by sad experience that such their remissness served onely to encourage Him and His Complices in the continuance of their evil practices and raising new Commotions Rebellions and Invasions For prevention of the like and greater inconveniences and to the end no chief Officer or Magistrate may hereafter presume Traiterously and maliciously to imagine or contrive the enslaving or destroying of the English Nation and to expect impunity Be it enacted and ordained by the Commons in this present Parliament assembled and it is hereby enacted and ordained that Thomas Ld. Fairfax Generall Oliver cromwel Lieu. Generall Com. Gen. Ireton Major Gen. Skippon Sir Hardresse Waller Col. Valentine Walton Col. Thomas Harrison Col. Edward Whalley Col. Thomas Pride Col. Isaac Ewer Col. Rich Ingolsby Sir Henry Mildmay Sir Tho Honywood Thomas Lord Grey Philip Lord Lisle Will Lord Munson Sir John Danvers Sir Tho Maleverer Sir Iohn Bowcher Sir Iames Harington Sir William Brereton Robert Wallop Esquire Will Henningham Es Isaas Pennington Alderman Thomas Atkins Ald Col. Rowland VVilson Sir Peter VVentworth Col. Henry Martyn Col. William Purefoy Col. Godfrey Bosvill Iohn Trencherd Esq Col. Harbottle Morley Col. Iohn Berkstead Col. Mat. Tomblinson Iohn Blackstone Esq Gilb Millington Esq Sir Will Cunstable Col Edward Ludlow Col. Iohn Lambert Col. Io. Hutchingson Sir Arth Hazlerigge Sir Michael Livesley Rich Saloway Esq Humph Saloway Esq Col. Rob Titchburn Col. Owen Roe Col. Rob Manwaring Col. Robert Lilburn Col. Adrian Scroop Col. Richard Dean Col. Iohn Okey Col. Robert Overton Col. Iohn Harrison Col. Iohn Desborough Col. William Goffe Col. Rob Dukenfield Cornelius Holland Esq Iohn Carne Esq Sir Will Armine Iohn Iones Esq Miles Corbet Esq Francis Allen Esq Thomas Lister Esq Ben Weston Esq Peregrin Pelham Esq Iohn Gourdon Esq Serj. Francis Thorp Iohn Nut Esq Tho Challoner Esq Col. Algern Sidney Iohn Anlaby Esq Col. Iohn Moore Richard Darley Esq William Saye Esq Iohn Aldred Esq Iohn Fagge Esq Iames Nelthrop Esq Sir Will Roberts Col. Francis Lassels Col. Alex Rixby Henry Smith Esq Edmond Wilde Esq Iames Chaloner Esq Iosias Barnes Esq Dennis Bond Esq Humph Edwards Esq Greg Clement Esq Iohn Fray Esq Tho Wogan Esq Sir Greg Norton Serj. Iohn Bradshaw Col. Edm Harvey Iohn Dove Esq Col. Iohn Venn Iohn Foulks Ald. Thomas Scot Alder. Tho Andrews Ald William Cawley Esq Abraham Burrell Esq Col Anthony Stapley Roger Gratwicke Esq Iohn Downs Esq Col. Thomas Horton Col. Tho Hammond Col. George Fenwick Serj. Robert Nichols Rohert Reynolds Esq Iohn Lisl Esq Nicholas Love Esq Vincent Potter Sir Gilbert Pickering Iohn Weaver Eq. Iohn Lenthall Esq Sir Edward Baynton Iohn Corbet Esq Thomas Blunt Esq Thomas Boone Esq Augustin Garland Esq Augustin Skinner Esq Iohn Dickswell Esq Col. George Fleetwood Simon Maine Esq Col. Iames Temple Col. Peter Temple Daniel Blagrave Esq Sir Peter Temple Col. Thomas Wayte Iohn Brown Esq Iohn Lowry Esq Mr. Bradshaw nominated President Counsellors assistant to this Court and to draw up the Charge against the KING are Doctor Dorislau Master Steel Master Aske Master Cooke Serjeant Dandy Serjeant at Arms. Mr. Philips Clerk to the Court. Messengers and door-keepers are Master Walford Master Radley Master Paine Master Powel Master Hull And Mr. King Crier shall be and are hereby appointed Commissioners and Judges for the hearing trying and Judging of the said Charles Stuart and the said Commissioners or any 20 or more of them shall be and are hereby Authorized and Constituted an High Court of Justice to meet at such convenient times and place as by the said Commissioners or the major part or 20. or more of them under their hand and seals shall be appointed and notified by publick Proclamation in the great Hall or Palace-yard of Westminster and to adjourn from time to time and from place to place as the said High Court or the major part thereof meeting shall hold fit
of the people of England to which charge being required to Answer He hath been so far from obeying the commands of the Court by submitting to their Justice as He began to take upon Him Reasoning and Debate unto the Authority of the Court And to the Highest Court that appointed them to Trie and to Judge Him but being over-ruled in that and required to make His Answer He still continued contumacious and refused to submit to Answer Hereupon the Court that they may not be wanting to themselves nor the Trust reposed in them nor that any mans willfulnesse prevent Justice they have considered of the charge of the contumacy and of that confession which in Law doth arise on that contumacy they have likewise considered the notiority of the Fact charged upon this Prisoner and upon the whole matter they are resolved and have agreed upon a Sentence to be pronounced against this Prisoner but in respect He doth desire to be heard before the Sentence be Read and pronounced the Court hath resolved to hear Him yet Sir thus much I must tell you beforehand which you have been minded of at other Courts that if that which you have to say be to offer any debate concerning the Jurisdiction You are not to be heard in it You have offered it formerly and you have struck at the root that is the Power and Supreme Authority of the Commons of England which this Court will not admit a Debate of and which indeed is an irrationall thing in them to do being a Court that act upon Authority derived from them But Sir if you have any thing to say in defence of your self concerning the matter charged the Court hath given me in commands to hear You. King Since I see that you will not heare any thing of debate concerning that which I confesse I thought most materiall for the peace of the Kingdome and for the liberty of the Subject I shall wave it but only I must tell you that this many a day all things have been taken away from Me but that that I call dearer to Me than My life which is My Conscience and Mine Honour and if I had a respect of my life more than the peace of the Kingdome and the liberty of the Subject certainly I should have made a particular defence for My life for by that at leastwise I might have delayed an ugly Sentence which I believe will passe upon Me therefore certainly Sir as a man that hath some understanding some knowledge of the world if that my true zeale to my Country had not overborne the care that I have for My owne preservation I should have gone another way to worke than that I have done Now Sir I conceive that a hasty Sentence once passed may sooner be repented of than recalled and truely the self-same desire that I have for the peace of the Kingdome and the liberty of the Subject more than My owne particular ends makes Me nâ—w at last desire that I having something to say that concerns both I desire before Sentence be given that I may be heard in the Painted-Chamber before the Lords and Commons this delay cannot be prejudiciall to you whatsoever I say if that I say no reason those that heare Me must be Judges I cannot be Judge of that that I have if it be reason and really for the welfare of the Kingdome and the liberty of the Subject I am sure its very well worth the hearing therefore I do conjure you as you love that which you pretend I hope its reall the Liberty of the Subject and peace of the Kingdome that you will grant Me this hearing before any Sentence passed but if I cannot get this Liberty I do protest that your faire shewes of Liberty and Peace are pure shewes and that you will not heare your King The President said This was a declining the Jurisdiction of the Court and delay Yet the Court withdrew for half an hower advised upon it and sat againe Bradshaw said to the King That the Court had considered what He had moved and of their owne Authority the returne from the Court is this That they have been too much delayed by You already and they are Judges appointed by the highest Authority and Judges are no more to delay than they are to deny Justice and notwithstanding what You have offered they are resolved to proceed to Sentence and to Judgement that is their unanimous resolution The King pressed again and again that He might be heard by the Lords and Commons in the Painted Chamber with great earnestnesse and was as often denied by Bradshaw at last the King desired that this Motion of His might be entered Bradshaw began in a long Speech to declare the Grounds of the Sentence much aggravating the Kings offences and misapplying both Law and History to his present purpose When Bradshaw had done speaking the Clerke read the Sentence drawn up in Parchment to this effect 84. The Sentence against His Majesty THat wheras the Commons of England in Parliament had appointed them an high Court of Justice for the Trial of Charls Stuart King of England before whom He had been three times convented and at the first time a charge of High Treason and other high crimes and misdemeanors was read in behalfe of the Kingdome of England c. * * Here the Clerk read the aforesaid Charge Which charge being read unto Him as aforesaid He the said Charls Stuart was required to give His Answer but He repused so to do and so expressed the severall passages at His Tryall in refusing to Answer For all which Treasons and crimes this Court doth adjudge That He the said Charls Stuart as a Tyrant Traytour Murtherer and a publique Enemy shall be put to Death by severing of His Head from His Body After the Sentence read the President said This Sentence now read and published it is the Act Sentence Judgment and resolution of the whole Court Here the whole Court stood up as assenting to what the President said King Will you heare Me a word Sir Bradshaw Sir You are not to be heard after the Sentence King No Sir Bradshaw No. Sir by your favour Sir Guard withdraw our Prisoner King I am not suffered to speak expect what Justice other people will have These are the Names of such Persons as did actually sit as Judges upon the Tryall of His Majesty with the Councel and Attendance of the Court. Oliver Cromwel L. Gen. Com. Gen Ireton Major Gen. Skippon Sir Hardresse Waller Col. Thomas Harrison Col. Edward Whalley Col. Thomas Pride Col. Isaac Ewer Col. Rich. Ingelsby Sir Henry Mildmay Thomas Lord Grey Philip Lord Lisle Will. Lord Munson Sir John Danvers Sir Tho. Maleverer Sir John Bowcher Sir James Harrington Sir William Brereton Will. Henningham Esq Isaac Pennington Ald. Thomas Atkins Ald. Col. Rowland Wilson Sir Peter Weentworth Col. Henry Martyn Col. William Purefoy Col. Godfrey Bosvill Col. John Berkstead Sir Will. Cunstable Col.
things briefly Epitomized but to Historize them at large would require a volume as big as the Book of Martyrs These Committees are excellent spunges to suck mony from the people and to serve not only their own but also the Covetous Malicious Ambitious ends of those that raked them out of the dunghil for that imployment and do defend them in their oppressions who is so blind as not to see these men have their protectors the Daemones to whom they offer up part of their rapins to whom they sacrifice Occulta spolia plures de pace Triumphos If there be any intention to restore our Laws and Liberties and free us from Arbitrary Government it is fit these Committees and all associations be laid down having no enemy to associate against and that the old form of Government by Sheriffs Justices of the Peace c. be re-established and the Militia in each County setled as before in Lieutenants and deputy Lieutenants or in Commissioners The rather because the people are now generally of opinion They may as easily find Charity in Hell as Justice in any Committee and that the King hath taken down one Star-chamber and the Parliament hath set up a hundred Nor is it a small artifice to raise money by so many severall and confused Taxes Taxes Whereas one or two ways orderly used and well husbanded would have done the work 1. Royal Subsidie of 300000 l. 2. Pole money 3. The free Loans and Contributions upon the Publick Faith amounted to a vast incredible sum in money Plate Horse Arms c. 4. The Irish adventure for sale of Lands the first and second time 5. The Weekly meal 6. The City Loan after the rate of 50 Subsidies 7. The Assesment for bringing in the Scots 8. The five and twentith part 9. The Weekly Assesment for my Lord Generals Army 10. The Weekly or Monthly Assesment for Sir Thomas Fairfax Army 11. The Weekly Assesment for the Scotch Army 12. The Weekly Assesment for the British Army in Ireland 13. The Weekly Assesment for my Lo. of Manchesters Army 14. Free-quarter at least connived at by the State because the Souldiers having for a time subsistence that way are the less craving for their pay whereby their Arrears growing stale will at last either be frustrated by a tedious Committee of Accounts or forgotten in the mean time the Grand Committee of Accounts discount it out of the Commanders Arrears whereby the State saves it 15. The Kings Revenue 16. Sequestrations and Plunder by Committees which if well answered to the State would have carried on the work which thus I demonstrate One half of all the goods and Chattels and at least one half of the Lands Rents and Revenues of the Kingdom have been sequestred And who can imagin that one half of the profits and Goods of the Land will not maintain any Forces that can be kept and fed in England for the defence thereof 17. Excise upon all things this alone if well managed would maintain the War the Low-Countries make it almost their only support 18. Fortification-money c. By these several ways and Taxes about forty Millions in money and money-worth have been milked from the people and the Parliament as the Pope did once may call England Puteum inexhaustum yet it is almost drawn dry A vast Treasure and so excessive as nothing but a long peace could import and nothing but much fraud and many follies could dissipate and we ought not to wonder if it be accounted inter arcana novissimi imperii to be always making yet never finishing an account thereof And as they have artificially confounded the accounts by laying on multiplicity of Taxes Accounts so for the same reason they let the money run in so many muddy obscure chanels through so many Committees and Officers fingers both for collecting receiving issuing and paying it forth that it is impossible to make or ballance any Publick account thereof and at least one half thereof is known to be devoured by Committees and Officers and those that for lucre protect them By these means as they make many men partners with them in the publick spoyls so they much strengthen and increase their party whereby multitudo peccantium tollit poenam If these things were not purposely done 1. Our Taxes would be fewer in number Accounts again and more in effect 2. They would be put to run in one chanel under the fingering of fewer Harpies and perspicuous and true Entries made of all receipts and disbursments which would be publick to common view and examination The Exchequer way of accounts is the exactest antientest and best known way of account of England and most free from deceit which is almost confessed de facto when to make the Kings Revenue more obnoxious to their desires they took it out of the Exchequer way contrary to the fundamental Laws of the Land for both the Higher and Lower Exchequer are as antient and fundamental as any Court in England and put it under a Committee which as all other Committees do will render an account of their Stewardship at the latter day In the mean time divers of that Committee buy in old sleeping Pensions which they pay themselves from the first of their arrears yet other men that have disbursed money out of their purses for the Kings Service can receive no pay for any money laid forth before Michaelmas Term 1643. because forsooth then the Committee first took charge of the Revenue In the mean time the Kings Tenants and Debtors are deprived of the benefit of the Laws and Liberties of the subject which before they enjoyed all Debts and Moneys being now raised by the terrour of Pursuivants and Messengers whose Commissions are only to distrain and levy c. whereas formerly the Exchequer sent out legal Process and the Tenant or Debtor had liberty to plead to it in his own defence if he thought himself wronged but now New Lords new Laws and to countenance their doings the Committee have gotten an addition of some Lords to them 3. If there were fair play above board so many members of both Houses would not be ambitious of the trouble and clamour that attends Task masters Publicans and such sinners as sit at the receipt of Custome being no part of the business for which the Writ Summons or the people choose or trust them and whereby they are diverted from the business of the House but would leave that imployment to other men who not having the character and privilege of Parliament upon them will be lesse able to protect themselves and their agents from giving publick accounts of their receipts and disbursments and from putting affronts and delays upon the Committee of Accompts as it is well known some of them have done Lastly it is scandalous that the same men should be continued so long in their money-imployments because Diuturnitas solitudo carrumpunt Imperia and by long continuance and experience they
to bring in an Ordinance of Accommodation which was suddenly done and passed and is now printed at the latter end of the said menacing Remonstrance of the Army a Child fit to wait upon such a Mother 42. Debate in passing the Ordinance of null and void Thus was this Ordinance of null and void gotten which hath been the cause of so much danger and trouble to multitudes of people by the Lords reiterated breaches upon the Privileges of the House of Commons The engaged parties threats within dores The Armies thundring Letters and Remonstrance Their Guards upon their doors and a Regiment or two of Horse in Hide Park ready to make impressions upon the House in case things had not gone to their minds diverse of whose Commanders walking in the Hall enquired often how things went protesting they would pull them forth by the Ears if they did not give speedy satisfaction Thus for the manner of passing that Ordinance The matter of Argument used against it was as far as I can hear to the purpose following It was alleged that the Force upon Monday 26. July ended that day that the next day being Tuesday the House met quietly and adjourned that upon Friday following the Houses sate quietly all day and gave their Votes freely and so forward the City having sufficiently provided for their security that the transient force upon Monday could have no influence on the Houses for time to come That the Supreme power of no Nation can avoid their own Acts by pretended force this would make the Common people the Jurors and Judges to question all Acts done in Parliament since one man can and may judge of force as well as another this were to bring the Records of the House into dispute Magna Charta was never gotten nor confirmed but by Force Force was three-fold upon one or both Houses or upon the King in giving his Royal assent neither could plead it the Parliament is presumed to consist of such men as dare lay down their lives for their Country When the King came with force to demand the 5. Members When the City came down crying for justice against the Earl of Stafford When the Women came down crying for Peace When the Reformadoes came down in a much more dangerous Tumult than this of the unarmed Apprentices yet the Houses continued sitting and acting and none of their Acts were nullified That to make their Acts Orders and Ordinances void ab initio would draw many thousand men who had acted under them into danger of their lives and fortunes who had no Authority to dispute the validity of our Votes we must therefore give them power to dispute our Acts hereafter upon matter of fact for to tie men to unlimited and undisputable obedience to our Votes and yet to punish them for obeying whensoever we shall please to declare our acts void ab initio is contrary to all reason If to act upon such Ordinances were criminal it was more criminal in those that made them And who shall be Judges of those that made them not the Members that went to the Army They are parties pre-ingaged to live and die with the Army and have approved the Armies Declaration calling those that sate a few Lords and Gentlemen and no Parliament They have joyned with a power out of the Houses to give a Law to and put an engagement upon both Houses a president never heard of before of most dangerous consequence it takes away the liberty of giving I and No freely being the very life of Parliaments If all done under an actual force be void it it questionable whether all hath been done this four or five years be not void and whether his Majesties Royal assent to some good Bils passed this Parliament may not be said to have been extorted by force If the Kings partie prevail they will declare this Parliament void upon the ground your selves have laid Fabian's History 1. Hen. 7. that King urged the Parliament to make void ab initio all Acts passed Rich. 3. which they refused upon this ground that then they should make all that had acted in obedience to them liable to punishment only they repealed those Acts. The debate upon this Ordinance of Null and Void held from Monday 9. of Aug. to the 20. Aug. when it was passed but not without some interloaping debates of something a different nature yet all looking the same way occasioned by Messages from the Lords 43. The Lords Message to the Commons to approve the Declaration of the Army Namely once upon a Message from them The said Declaration from Sir Thomas Fairfax and his Army concerning their advance to London was read and debated in grosse whether the Commons should concur with the Lords in approving it But almost all but the ingaged party and their pensioners distasted it it was laid by without any question put lest it should prove dangerous to put a Negative upon their Masters of the Army Yet many menaces according to custome were used by the engaged party to get it passed Haslerigge affirming that those Gentlemen that sate and voted for a Committee of safety and the Kings comming to London 44. The Committee of safety did drive on the design of the City Protestation and Engagement To which was answered That the Committee of safety was not then newly erected by those which sate but of the old Committee revived by that Vote which had been long since erected in a full and free Parliament when the Army first mutined and threatned to march to London and for the same ends defence of Parliament and City and for the Kings coming to London it was Voted onely to get him out of the power of the Army as formerly in a full and free Parliament he had been Voted to Richmond for the same reason Upon another Message from the Lords 45. A Committee to Examine the Tumult the Commons concurred in an Ordinance to erect a Committee of Examination to inquire into and examine the City Petition Engagement and the force upon the Houses 26. July all endeavours to raise any forces c. This Committee consisted of 22. Commons besides Lords almost all of them Members engaged with the Army but because there were some three or four Presbyterians gotten in amongst them to shut these Canaanites forth that the Godly 46. A Sub-committee of secrecy selected to examine the Tumult the true seed of Israel might shuffle the cards according to their own mind the 13. August after upon another Message from the Lords there was a Sub-Committee of Secrecy named out of this Grand Committee of Examinations to examine upon Oath the persons were the Earl of Denbigh and Mulgrave Lord Gray of Wark Lord Howard of Escrig Sir Arthur Haslerigge Mr. Solicitor Gourdon Miles Corbet Alderman Penington Allen Edwards Col. Ven or any three of them all persons engaged to live and die with the Army and now appointed to make a clandestine
his voice for chusing any Person to any the Offices aforesaid And that if any Persons comprehend under the aforesaid exceptions being chosen shall presume to sit in the Court of Aldermen Common-Councel or execute any of the aforesaid Offices he shall forfeit 200. And all such Elections to be null and void the Lord Mayor to take order that this Ordinance be read at all Elections and punctually observed and also to afford the liberty of the Pole it being required by any of the Electors present But this Ordinance not giving full satisfaction to the Zealots Skippon stood up Skippon moveth for an Addition to the said Ordinance and looking as demurely as if he meant to say Grace he told the House That the late Ordinance was not sufficient to keep Malignants out of Office in London for Mr. Speaker said he It is not enough to exclude Delinquents or the Abettors of the late Insurrections c. for there are a more dangerous sort of men amongst them They which promoted the Treaty and endeavoured to have the King brought to London except these be made incapable of Authority it will be a great discouragement to the Godly party of the City So an additionall Ordinance to this end was ordered to be brought in you fee to endeavour peace and settlement is accounted by these Saints militant a sufficient crime to forfeit a mans Birth-right 43. The Members subscribe John Gourdons Protestation sect 29. I formerly told you of John Gourdons motion That all Members might subscribe a Protestation against the Votes for a Treaty with the King in the Isle of Wight and especially against the Vote 5. Decemb. 1648. which declareth That His Majesties Answers to the Propositions of both Houses were a ground for the two Houses to procceed to a setlement and until such dissent or disapprovall to forbeare the House This was done in obedience to the demands of the Army in their Remonstrance presented 20. Novemb. 1648. Sect. 23. And although it be so clearly against the Orders and Priviledges of Parliament that divers members formerly and some this Parliament have bin suspended the House and committed to the Tower for offering it because it tends to breed factions and divisions in the House and Tumults without doors yet every request from an Armed man is a Command and must be obeyed The List of the Names of these new Protestants followeth and it is hoped they will in time give better Reasons then the power of the Sword for it 20. December 1648. subscribed The Lord Lysle Col. Boswel Io. Gourdon Lord Gray Peregrine Pelham Col. Jones Col. Temple Col. Ven Sir Tho. Malevourer Sir Thomas Wrothe Sir Jo. Bourcher Col. Peter Temple Humphry Edwards who waited on the King to the House when he demanded the 5. Members and his Election is adjudged void by a Committee Mr. Tho. Chaloner Sir Gregory Norton who gave a man 20 l. to wait on the King in his place as Pensioner when He demanded the 5. Members Michael Oldsworth Augustine Garland Sir Jo. Danvers Mr. Dove Mr. Henry Smith Mr. Frye whose Election is voted void Mr. Searle Nich. Love John Lysle Coll. Rigby Cornelius Holland Coll. Ludlow Greg. Clement Coll. Purefoy Coll. Stapeley Mr. Dunch Mr. Cawley Coll. Downes Jo. Carey Jo. Blackiston Tho. Scot Decemb. 22. Coll. Hutchinson Sir Hen. Mildnay Sir James Harrington Decemb. 25. Col. Edward Harvey Alderman Pennington Alderman Atkins Dan. Blagrave voted out of the House Coll. Moore Coll Millington Mr. Prideaux Roger Hill the little Lawyer Dennis Bond Coll. Harrington Master Hodges Master Valentine Sixteen of the imprisoned Members were about this time sent for by the General when they came out came Ireton 44. Sixteen imprisoned Members discharged without engagement and finding Mr. Pryn amongst them he chid the Martial for bringing him and commanded him to be taken away but Mr. Pryn refusing to depart Ireton commanded him to be thrust out by head and shoulders whereupon Mr. Pryn openly protested That the Army endeavoured utterly to subvert the fundamental Lawes of the Land and Priviledge of Parliament That they had no power over him nor any Member of Parliament That their late force acted upon them and their proceedings was illegal and traiterous That all men were bound to bring them to condign punishment as Rebels and Traitours to their God their King Country and Parliament So Mr. Pryn was removed by the Martial and Ireton went in once more to consult the Oracle and at last came out again to the Gent telling them It was the Generals pleasure they should be all released attempting nothing against the actings of this present Parliament and Army but said the insolent fellow let that be at your peril so the Gentlemen expressing that they would give no engagement were released without any The 22. Decemb. both Juntoes of foure Lords 45. A mock-Fast kept by the two Houses and Hugh Peters Comick Sermon and twenty Commons kept a mock-fast at Saint Margarets Westminster where Hugh Peters the Pulpit-Buffon acted a Sermon before them the subject of his Sermon was Moses leading the Israelites out of Egypt which he applied to the Leaders of this Army whose designe is to lead the people out of Aegyptian bondage But how must this be done that is not yet revealed unto me quoth Hugh and then covering his eyes with his hands and laying downe his head on the cushion untill the People falling into a laughter awakened him He started up and cryed out Now I have it by Revelation now I shall tell you This Army must root up Monarchy not only here but in France and other Kingdoms round about this is to bring you out of Aegypt this Army is that corner stone cut cut of the Mountaine which must dash the powers of the earth to pieces But it is objected The way we walk in is without president what think you of the Virgin Mary was there ever any president before that a Woman should conceive a Child without the company of a Man this is an Age to make examples and presidents in 46. The Councell of War vote a Toleration of all Religions Decemb. 25. The Councel of VVar voted a Tolleration of all Religions you see they vote like States-men as well as their Parliament 47. The Common Councel petition against Skippons additionall Ordinance in vaine About this time a Committee of Common-Councel-men came complainning to the House of Skippons additionall Ordinance That none should Elect or be Elected or execute the place of Lord Mayor Alderman Aldermans Deputy Common-Councel-man c. that had signed the Petition for a Personall Treaty c. because they found the City generally ingaged in the said Petition so that they could not find men enough to Elect or be Elected VVherefore it was referred to a Committee to think of a remedy worse than the disease as it proved afterwards You see the petitioning for a Personall Treaty was so universall and publique that it
annum out of Newcastle Coles for which he was many Months kept out of the House and at last admitted onely to comply with the Faction and his said Monopoly continued Sir Henry Haymonde and two Sons of the Earl of Pembroke were received This was thought very unreasonable that so many Gentlemen either kept out or driven away by force should by a far less number sitting and acting under the same force be sent to attend a Committee to stand with their Hatts off to Holland Scott c. and be examined and expelled for giving their Votes Yea or No in the House according to their Consciences This was to subvert the Liberty of all Parliaments for the future and to make this House which calls it self a Parliament a meer packed Junto to carry on forelaid Designs Besides to expect they should approve all that the sitting Party in the House had done in the absence of these non-sitting Members who neither heard the Debate nor reasons whereupon they grounded their Votes against the King and House of Peers nor for the abolishing Monarchy and turning it into a Free-state erecting a Councel of State for that purpose voting the Supreme Authority to be in themselves and many other matters of the like high nature which have no place in the Laws of England was such an imposition as neither agreed with the known Parliament Priviledges Liberty of Conscience so loudly professed by these sanctified Members which sit nor with humane reason and sense And at last to sit under those Armed Guards that put a force upon them the 6. Decemb. before promised as little of safety unless they would renounce their own Consciences and Act the wills of their Janisaries and their Party and would render them contemptible to all the world especially to those men who put this insolency upon them I formerly told you how unwilling the Members were to adjourn and resign their more than Kingly Power to the Councel of State 168. Articles of Impeachment against the Speaker wherefore Cromwel finding he could not obtain that of them by a Vote projected another way to work his Design not the old way of a violent purge by securing and secluding the Members with his Myrmidons that is already infamous Note that Oliver before he left the Town erected a Committee of Officers of the Army to prosecute and bring to punishment grand Delinquents This is a new kinde of Star-Chamber oâ— military Nobles held like a Rod over the Mock-Parliament Councel of State and the General in case they shall oppose Olivers Designs and would savour too grosly of the Power of the Sword and would shew Oliver to be rather a Quack-salving Doctor of Physick than a Doctor of the Civil Law He caused the Officers therefore to frame certain Articles of Impeachment against Mr. Lenthal their Spearker as followeth 1. FOr releasing out of New-gate three of the Queens Priests and Jesuits by his Warrant 2. For maintaining and protecting several Spies and Agents for the late King within the Line of Communication during the late War 3. For conveying divers remarkable prisoners of War out of the Line of Communication unto the late King 4. For assisting and protecting several Plotters on the behalf of the late King to destroy the City of London 5. For suffering above 30000 l. to be conveyed to the late King out of the Line of Communication wittingly and willingly 6. For sending Horses of War with Men and Arms to the late King 7. For holding an intercourse of Letters with the late King 8. For maintaining and keeping an Agent in the Garrison of Oxford for expediting the foregoing Treacheries 9. For corrupting many Members of the Parliament some lately excluded and some now sitting in the House to conceal and smother the foreging Treacheries 10. For endeavouring to take away the Lives of several the Prosecutors and Witnesses unto the foregoing Treacheries You see there is not one word in them of Cousening the Commonwealth which is now become the Private wealth of every particular Saint because this would have broken universally the whole communion of Saints and would have set them all together by the ears to defend themselves by recriminating one another The device was by taking off the Speaker to Dissolve them since they cannot by the Priviledges of the House chuse themselves a new Speaker without the consent of a power higher than their own to wit the Kings and though they will be so much Masters of their own Priviledges as to coyn new every day upon emergent occasions yet those irregularities are alwayes done under the power and protection of the Sword which they could not expect against their own Visier Basha Oliver This trick being smelt out was so highly resented that it perished in the birth only I hear the Speaker bled in private 15000 l. towards Olivers expedition 199. 50000 l Adâ—nce mony â—r Cromwels â—xpedition All the sinks of tyranny and oppression about the Town the Committee of the Revenue Goldsmiths hall Haberdashers hall the Excise Office c. are all emptied into that Common-Sewer Olivers expedition into Ireland or rather Scotland or engaged as a security to furnish him with 150000. part whereof onely he is accountable for the residue is left to his discretion and conscience to buy Towns and Victories with and to be offered upon an Altar to be erected Deo ignoto At Olivers request the House admitted Sir Edward Ford to compound upon the Articles of Oxon notwithstanding his lapse of time Forde married Ireton's Sister and the Lord Culpepper's Son married Forde's Daughter Observe how the General is lessened to advance Cromwel 1. The Command oâ—â—e Irish Forces taken from him and Cromwel sent with a Higher power than ever any went with into that Nation 2. All Souldiers that will are enabled to leave their Regiments and List under Cromwel so that the discontented and Levelling Party onely are left under the command of Fairfax Col. Martin's Accounts brought into the House 3. July 200. More Gifts to the Godly 1649. his Arrears came to 25000 l. and 1000 l. per ann Land ordered to be setled upon him and his Heirs The Lord Gray of Grooby's Arrears for the last Summer only against Duke Hamilton 1500 l. These things considered I cannot wonder at the Petition presented to the General by Captain Jubbs in the name of Col. Husâ—n's Regiment about July 6. wherein amongst other things they complain The Moderate from July 3. to July 10. 1649. That the House doe weekly bestow 1000 l. per an upon themselves out of the publique Treasury of the Nation when as the Souldiers wants are great and all the people are in great necessity As if the dividing of the Army 201. Endeavors to lessen the General and putting the most confiding men under Cromwel the taking the whole command of Ireland from the General and conferring it upon Cromwel the drawing dry all Treasuries of Money to furnish Cromwel
Chamberlin Colonel Bromfield Sir James Bunce Bar. Alderman Langham Alderman Reinoldson Alderman Brown Sir Nicholas Crispe Alderman Tompson All these Letters were sent away but the first that arrived to his Majesties hand was from his Excellency the Lord General Monck who by the leave of the House sent the same by his brother in Law Sir Thomas Clergies who was as being the first beyond all expression welcome and after some long but not tedious conferences Knighted and at length dismissed with as much kindnesse as he was at first received with joy Commissioners how received by the King After whom arrived shortly all the forenamed Commissioners together with some of the Ministry and were received by his sacred Majesty his two illustrious brothers of York and Glocester and his sister of Orange with demonstrations of affections on both sides such as are not capable of a description by my rude pen for they were such as may be imagined onely not defined like the joyes of a condemned soul now at point to dy when suddenly and beyond expectation it is not onely snatcht out of the very jawes of death but mounted aloft into a seat of Honour how it is even overpressed with the overflux of such a sudden yet joyful change and stands extasied not knowing or at leâ—st not well discerning the realities of those violent emotions under the happinesse whereof it at present labours which surpassing joy grown over and they dismissed with abundance of satisfaction with all speed his Majesty according to the earnest request of his Parliament prepared for England his Royal brother the most illustrious Duke of York Lord high Admiral taking order for the Navy And in the way to the Sea-side his Majesty was honourably entertained by the States General at the Hague of whom having taken his leave and thanked them for their Treatment and Presents he proceeded in his journey During this time the Navy under the conduct of General Mountague was come to attend and wait on his Royal pleasure upon notice of which attended by the Princesse of Orange and her son and the Queen of Bohemia he comes aboard the Naseby Frigot The King comes aboard for England and lands at Dover by him then named the Charles and after a repast there parting with high satisfaction pleasure and content on both sides with his Royal and Princely attendants he lanched forth and quickly with a prosperous and safe gale of wind anuuente Coelo came within two leagues of Dover Monck meets him a place formerly not so infamous for receiving the Barons in their rebellious wars against the King and harbouring Lewis of France as now it was famous for its loyalty in the joyful reception of its lawful Soveraign when he was come thither he sends Post for the General being resolved not to set foot on English ground till he came thither who upon the first hearing of that happy news presently took Post to meet him having before taken care for Pallaces to entertain him and left order for several Regiments of Horse to attend him for his Majesties security Providing with valor against open enemies and with prudence against pretended and basely false friends which being performed according to Order His Excellency waites upon his Majesty at Dover He is no sooner come thirher but upon knowledge thereof the King Landed at whose Honored feet in the most humble posture of a Loyal Subject on his Knees Our Great General presents himself and was received and imbraced by his Majesty in the open armes of an endeared mercy with so much affection as might well manifest the great respect the King bore to his high deserts for to shew that his embrace was signal and far from a meer complement he went nearer and kissed him No endearment is ever thought too great where there is grounded Love neither rested he there but like a true friend and lover indeed takes a delight in his society for the more clear demonstration whereof to all the world he took him with his two Brothers the Dukes of York and Glocester into his Coach with him to Dover aforesaid KINGS journey to London and the manner of it where after a dutiful acknowledgment from the Magistrates there and solemn though short entertainment he rid to the City of Canterbury so famed for her Arch-bishops Sea his Majesty being in the middle between his two brothers and the Duke of Buckingham and the General riding bare before him In this Equipage with the whole Gentry and Nobility of England attending and thousands of the meaner ranke he arrived as I said at Canterbury being met by the Magâ—stracy in their richest habiliments of Honour and by the Ministry of the place who after a grave Speech and hearty Gratulation presented him with a rich Bible as He was Defender of the True Faith and afterwards with a Golden Boul full of Gold rendring it as a Tribute to him to whom Tribute was due From Canterbury where he rested all Sunday and gave thanks to God his Father and mighty Deliverer On Munday he came to Cobham-Hall in Kent a House belonging to the Duke of Richmond but without any stay there passed on the same night to Rochester from whence on Tuesday May the 29. the day of the week which was fatal for the murther of his Royal Father but happy to himself not onely for his Birth but also for giving the first hopes of his long wished and prayed for return by the Vote of the Parliament on Tuesday the 1. of May and his being proclaimed nemine contradicente on Tuesday the 8. of May. I say on that day attended by the Duke of Buckingham the Earle of North-hampton the Earle of Cleaveland the Earle of Norwich the Earle of Shrewesbury and many others with their several respective Troops of the choyce Nobles and Gentry of the Land and his Excellency with many Regiments of his best Horse the Lord Gerard with the choyce Life-guard and the whole Countrey flocking in cutting down Palmes and strowing the wayes with all sorts of Fragrant Flowers and decking the Lanes and Passage with the greatest variety of Country Pomps Garlands beset with Rings Ribands and the like the Air ecchoing all along and redoubling the perpetually iterated Hosanna's He came to London The Metropolis of his Kingdome whose preparations were no lesse sumptuous then joyful making a short stay onely at Black-heath a place many yeares since and more then once noted and remembred for the tumultuous assemblies of several Rebels but now much more famous for the united Congregation of the whole Kingdomes Loyalty from hence about n on order was given for a speedy march to London in which Major General Broun did lead the Van with a compleat Troop of Gentlemen all in cloth of Silver Doublets Alderman Robinson followed him with an other select company the severall Lords came after with their respective Troops then came the Life-Guard After the Marshals and Heralds with some antient Lords
the Duke of Buckingham and the Lord Generall bareheaded and then his Majesty rid between his two brothers the Duke of York on the right hand and the Duke of Glocester on the other after whom followed his Excellencies Life-guard and then the Regiments of the Army all completely accoutred with back breast and Pot. In this order they came to Saint Georges fields in a part of which towards Newington was a Tent erected in which the Lord Mayor King rides through the Citie and Aldermen in their most solemne Formalities with their Officers Servants Livery-men and Lackeyes innumerable waited to which place when his Majesty came the Lord Mayor presented him on his knees with all the Insignia of the City viz. Sword Mace Charter c. Which he immediately returned with promise of Confirmation and conferred the Honour of Knighthood on the Lord Mayor in the place whereafter a short refreshment three hundred in Velvet Coats and Chains representing the several Companies passing on before the Lord Mayor bearing the Sword before the King they proceeded in an excellent order and equipage into and through the City which was all hung with Tapistry and the Streets lined on the one side with Livery men on the other side with the Trained Bands both taking and giving great satisfaction until at last even tyred with the tedious pleasure of his Welcome Journey he came to the Gate of his Pallace of Whitehall which struck such an impression of greif into his sacred heart by the Remembrance of his Fathers horrid Murther there as had almost burst forth if not stopt or recalled by the Joy he received from the acclamations of the people and the thought that he was peaceably returned after so many years unto His own House The King being come in went presently to the Banqueting House where the Houses of Parliament attended for him to whom the two Speakers severally made an incomparable Speech wherein with great eloquence they set forth the many years misery under which the Nation laboured then repeated the Kingdomes Joyes at present for their hoped happinesse in the future by his Majesties Restauration and so commended to his Princely care his three Kingdomes and people with their Laws and priviledges whereto the King in a Majestick style made this short but full return That he was so disordered by his Journey and the Acclamations of the people still in his Ears which yet pleased him as they were demonstrations of Affection and Loyalty that he could not express himself so full as he wished yet promised them that looking first to Heaven with a Thank-ful heart for his Restoration he would have a careful Eye of especial grace and favour towards his Three Kingdomes protesting that he would as well be a Defendor of their Laws liberties properties as of their faith Having thus received and taken several Congratulations and Entertaiments and dismissed his Noble Honourable Worshipful and Reverend Guard of the Nobility Gentry Citizens and Ministry he retired to Supper and afterwards having devoutly offered the Sacrifice of Prayer and Praise to the most high for his safe return he went to his Repose and Bed The first Beam that darted from our Royal Sun infused such a sense of piety into the peoples Affection that it even made them break into an Excess of Joy it was that happy Omen of a vertuous Government the admirable Proclamation against debauchednesse wherein such is his Majesties zeal he takes no notice of his Enemies but our sin which had so long occasioned his exile not sparing therein those who pretended to be his friends yet by their prophanenesse disserved him A happy Prince and happy people sure where the Extremity of Justice endevoureth to take nothing from the Subject but a Liberty to offend which so highly pleased the people that their Joyes rather increased then diminished according to that of the Poet. Littora cum plausu clamor superasque Deorum Implevere Domos gaudent generumque salutant Auxiliumque Domus servatoremque fatentur The Shores ring with applause the Heavens abound With grateful Clamours which therein resound All men salute him Father Prince and King That home again their banish'd peace doth bring Which is further also expressed by the Poet in these words Largis satiantur odoribus ignes Sertaque dependent tectis ubique lyraeque Tibiaque cantus animi felicia laeti Argumenta sonant reseratis aurea valvis Atria tota patent pulchroque instructa paratu Proceres ineunt convivia Regis The Bonfires light the Skie Garlands adorn The Streets and Houses Nothing is forborn That might express full joy while to his Court The King by Nobles follow'd doth resort And in their Feasts Gods wondrous Acts report So restless were the Nights of our pious King that he began to account all time spent in vain and amisse wherein he did not do or offer some good to his Kingdome to this purpose on the first of June the very next day but one after his Arrival accompanied with his two Brothers and Sir Edward Hide Lord Chancellour of England with many other honourable persons went by water to the House of Lords where having seated himself in his Royal seat the Black Rod was sent to the Commons to inform them of his being there They immediately adjourned and with their Speaker waited his Majesties pleasure who in a short speech acquainted them with the Occasion and Cause of his present sending for them viz. To pass those Bills which he understood were prepared for him the said Bills being therefore read according to ancient form by the Clerk of the Crown were passed by his Majesty First The Bill constituting the present Convention to be a Parliament Secondly For authorizing the Act of Parliament for 70000. l. per mens for 3 moneths Thirdly For Continuance of Easter Term and all proceedings at Law which done the Lord Chancellor Hide in a pithy Speech told both Houses with how much readinesse his Majesty had passed these Acts and how willing they should at all times hereafter find him to pass any other that might tend to the advantage and benefit of the people desiring in his Majesties behalf the Bill of Oblivion to be speeded that the people might see and know his Majesties extraordinary gracious care to ease and free them from their doubts and fears and that he had not forgotten his gracious Declaration made at Breda but that he would in all points make good the same Things being brought to that happy issue the King wholly intends to settle the Kingdome and because that in the multitude of Counsellors there is both peace and safety he nominates and elects to himself a Privy Councel whereof were The Duke of York The Duke of Glocester The Duke of Somerset The Duke of Albemarle The Marquiss of Ormond The Earl of Manchester The Earl of Oxford The Earl of Northampton Lord Seymour Lord Say Lord Howard Sir Atho Ashly Cooper Sir William Morris Mr. Hollis Mr.
Annesley On several such men he bestowed great offices as Marquess of Ormond to be Lord Steward of His Honourable Houshold The Earl of Manchester Lord Chamberlain The Duke of Albemarle to be Master of the Horse and Knight of the Garter Sir Will. Morris one of the Secretaries of State which took up some time in which the Parliament according to the Kings desire proceeded in the Act of Oblivion which at last after many tedious and strong debates passed both Houses and on the _____ day of _____ in the Twelfth year of his Majesties Reign had his Royal assent and was confirmed wherein were excepted from pardon both as to Life and Estate Iohn Lisle VVilliam Say Sir Hardresse VValler Valentine VVauton Thomas Harrison Edward Whalley John Hewson VVilliam Goffe Cornelius Holland Thomas Chaloner John Carew John Jones Miles Corbet Henry Smith Gregory Clement Thomas VVogan William Heveningham Isaac Pennington Henry Martin Iohn Barkstead Gilbert Millington Edmund Ludlow Edmund Harvey Thomas Scot VVilliam Cauley John Downes Nicholas Love Vincent Potter Augustine Garland John Dixwell George Fleetwood Simon Meyne Sir Michael Livesey Robert Titchburn Owen Row Robert Lilburn Adrian Scroop Iohn Okey James Temple Peter Temple Daniel Blagrave Thomas VVayte John Cooke Andrew Broughton Edward Dendy VVilliam Hewlet Hugh Peters Francis Hacker and Daniel Axtell Who had sate in judgement on sentenced to death and did sign the instrument for the horrid murther and taking away the precious Life of our late Soveraign Lord King Charles the First of Glorious memory several of whom have by divers means in sundry places been taken and others have surrendred themselves according to a Proclamation of summons set out by the King for that purpose the persons that surrendred themselves were these Owen Row Augustine Garland Edmund Harvey Henry Smith Henry Marten Simon Meyne VVilliam Heveningham Isaac Pennington Sir Hardress Valler Robert Titchborn George Fleetwood James Temple Thomas VVayte Peter Temple Robert Lilburn Gilbert Millingon Vincent Potter Thomas VVogan and Iohn Downes And therefore though they be all attainted convicted of High Treason by the Law of the Land at a fair and legal Trial by a special Commission of Oyer and Terminer directed to several of the Judges learned in the Law and to divers other worthy and honourable persons yet they are not to suffer the pains of death but their executions are to be suspended until his Majesty by the advice and assent of the Lords and Commons in Parliament shall order the execution by Act of Parliament to be passed to that purpose The persons that have been taken were Thomas Harrison Adrian Scroop Iohn Carew Iohn Iones Francis Hacker Gregory Clement Thomas Scot Iohn Cooke Hugh Peters Daniel Axtel and VVilliam Heulet Thomas Harrison having received his Tryal and being condemned to be hanged drawn and quartered accordingly on Saturday betwixt nine and ten of the clock in the morning the thirteenth of October 1660 he was drawn upon a hurdle from Newgate to the place that is rayled in by Charing-cross where a Gibbet was erected and he hanged with his face looking towards the Banqueting-house at White-hall the fatal place pitched upon by those infernal Regicides for the solemn murther of our late Soveraign Charles the first of glorious memory when he was half dead the common Hangman cut him down cut off his privy members before his eyes then burned his bowels severed his head from his body and divided his body into four quarters which were sent back upon the same sledge that carried it to the prison of Newgate from thence his head was brought and set on a pole at the South end of Westminster-hall looking toward the City of London but his Quarters are exposed to view as a publick example upon some of the Gates of the same City His pleading at his arraignment were nothing but treasonable and seditious speeches rather justifying the crime he had committed then any whit relenting and so he continued a desperate Schismatick to the Church of England to the last moment of his breath 2. John Carew was the next that followed who at the time of his tryal endevoured onely to justify the late Rump and their actings but that would not serve his turn for it was proved that he did consult and meet together with others how to put the King to death that he sate at the time of the sentence and signed the Warrant for execution so that the Jury found him guilty of compassing and imagining the Kings death for which he was also condemned to be hanged drawn and quartered c. which sentence on Monday the fifteenth of October in the morning was put in execution on the body of the said Carew his Quarters being likewise carried back on the Hurdle to Newgate but such was the goodness of his Majesty that upon the humble intercession of his friends he was graciously pleased to give them his body to be buried though his execrable treasons had merited the contrary 3 4. The next in order were Mr. John Coke the Solicitor and Mr. Hugh Peters that Carnal Prophet and Jesuitical Chaplain to the trayterous High Court upon Cooke's Trial it was proved against him that he examined witnesses against the King that he was at the drawing of the Charge that he exhibited it in the name of the Commons assembled in Parliament and the good people of England that this Charge was of High Treason that he complained of delayes prayed that the Charge might be taken pro Confesso and at last that it was not so much he as innocent blood that demanded Justice and that notwithstanding all this he acknowledged the King to be a gracious and wise King upon which the Jury found him guilty 2. Then Peters was set to the Bar against whom was proved that he did at five several places consult about the Kings death at Windsor at Ware in Coleman-street in the Painted Chamber and in Bradshaw's house that he compared the King to Barrabas and preached to binde their Kings in chaines c. That he had been in New England that he came thence to destroy the King and foment war that he had been in arms and called the day of his Majesties Tryal a glorious day resembling the judging of the world by the Saints that he prayed for it in the Painted Chamber preached for it at White-hall St. James's Chappel St. Sepulchres and other places upon which proofes the Jury finding him guilty also of compassing and imagining the Kings death the Court sentenced them viz. Cooke and Peters both to be led back to the place from whence they came and from thence to be drawn upon a Hurdle to the place of execution c. On Tuesday following being the sixteenth of October they were drawn upon two Hurles to the rayled place near Charing-cross and executed in the same manner as the former and their Quarters returned to the place whence they came since which the head of Iohn Cooke is set on a Pole on the
that purpose and that the House of Peers shall not at any time or times during this present Parliament be Adjourned unless it be by themselves or by their own Order And in like manner That the House of Commons shall not at any time or times be Adjourned c. as aforesaid From whence it is undeniable 1. That this Act was onely to prevent untimely Dissolving Proroguing and Adjourning of that present Parliament then assembled and no other by Acts of Royal Power 2. That the King was the Principal Estate and Member yea our Soveraign Lord the sole Declarer and Enacter of this Law by Assent of the Lords and Commons 3. That neither this Act nor any other for Dissolving Proroguing or Adjourning this Parl. could be made without the Kings Royal Assent which the Lords and Commons in their Remonstrance 26. May 1642. often acknowledge together with His Negative Voice to Bills exact Collect. p. 69 70. 736. 709. 722. 4. That it was not the Kings intent in passing this Act to shut Himself out of Parliament or create Members of Parliament without a King as He professeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 â— 5. Nor the Lords and Commons intent to Dis-member Him from His Parliament and make themselves a Parliament without Him as their said Remonstrance testifies and the words of the Act import much less was it their intent to pack a Parliament of 40 or 50 Commons onely selected by Colonel Pride to Vote according to the Dictates of a Councel of War after they had destroyed the King and House of Peers Against which transcendent usurpation this very Act provides That the House of Peers shall not be so much as Adjourned or Prorogued but by themselves or their own Order 5. Neither did King Lords and Commons in passing this Act intend That by Murdering the King Abolishing the House of Lords and expelling by power of the Sword eight parts of ten of the Commons the remaining Faction should con titute themselves their Heires and Successours a perpetual Parliament It is against the nature and essence of a Parl. to be Perpetual and against the Liberty of the People which would Crosse and Repeal the Act for a Triennial Parliament made on the same day in Law Brook Parliament 80. Relation 85. Dyer 85. 6. The last Clause of this Act concludes as much And that all and every thing or things whatsoever done or to be done to wit by the King or his Authority for the Adjournment Proroguing or Dissolving of this Parliament contrary to this present Act shall be utterly void and of none effect Now Death of the King and Dissolution of this Parliament thereby cannot properly be stiled a thing done or to be done by the King if by those words things done or to be done for the dissolving c. they shall say they related to the Kings Natural Death Natural Death is the Act of God which these Saints cannot make void if they related to His violent Death it could not then be said a thing done or to be done for the unlawfulness and injustice of it This Act passed long before any War or Bloodshed The onely pretence they have since found out for the Kings Murder 2. If this Parliament were not Dissolved by the Kings Death Yet the House of Peeres formerly Voted down by the Commons gave no consent to the passing this Act Entituled An Act of the House of Commons who without the concurring Assent of the Lords and the Kings Royal Assent have no power to passe any Act Make or Declare any Law or impose any Tax as appeares by the fore-recited Acts The Petition of Right The Act for the Triennial Parliament and this very Act against Dissolving Proroguing c. with all our Printed Statutes Parliament Rolls and Law-Books The Commons being so far from claiming the sole Legislative power heretofore as that they were not Summoned to our Ancient Parliaments which consisted onely of King Lords Temporal and Spiritual until 47 Hen. 3. nor had they so much as a House of Commons or Speaker until the Reign of Edw. 3. nor never tendred any Acts or Bills to the King but Petitions onely of Grievances until long after Rich. 2. time See the Printed Prologues to the Stat. 1 4 5 9 10 20 23 36 37. 50 Edw. 3. 1 Ric. 2. 1 2 4 5 7 9 11. 13 Hâ—n 4. 1 2 3 4 8. 9 Hen. 5. 1 2 3 4 6 8 9 10 11 14 15 28 29. 39 Hen. 6. 1 4 7 8 12 17. 22 Edw. 4. 1 Rich. 3. 3. But suppose the Commons alone had p wer to impose Taxes yet it must be in a full and free House whereas when this Act for 90000 l. a Moneth passed the House was neither Full nor Free The Major part of the House who by Law are the House to wit 8. parts of 10. at tht least being Secured or Secluded by Col. Pride and his Souldiers by Confederacy with those 40 or 50 then sitting when this Act passed and passing the Wills of the Councel of Officers to the subversion of Parliaments and the great wrong of those Counties and Burroughs for whom they served Object If it be objected that by usage of Parliament 40 Members make a House of Commons Answ 1. I Answer not to all intents and purposes Not to grant Subsidies nor pass Lawes or matters of greatest moment Modus tenendi Parl. Cooks 4. Instit pag. 1 2 26 35 36. Cromptons Juris of Courts fol. 1. 39 Edw. 3. 7. Brook Parl. 27. 1 Jac. 1. 2. 40 Members make not a House when the rest are Excluded by force without doors and fraud of their Fellow-members within doors on purpose that being the Major number they may not over-vote them The Commons not having power to expel any of their Members without consent of King and Lords in whom onely the Judicial Power resides Paribus in Pares non est Potestas Claus Dors 7 Rich. 2. M. 27. Seldens Title of Honour pag. 737 Baron Camoyes case discharged by the Kings Writ and Judgment from serving amongst the Commons because a Peer of the Realm The practice for Members to Expel and Sequester their Fellow-members being a late dangerous innovation to pack a Factious Conventicle instead of a Parliament If the King should send forth no more Writs than would Summon forty or fifty Commons it were no House Added by the Abridger So Mr. Pryn concludes That if he should voluntarily submit to pay this Tax by vertue of the said pretended Act of Parliament Dated 7. of April 1649. made by those now sitting some of whose Elections have been Voted void others of them Elected by new Illegal Writs under a new kinde of Seal since the Kings Beheading as the Earl of Pembroke and Lord Edward Howard uncapable of being Knights or Burgesses by the Common Law because Peers of the Realm as was adjudged in the Lord Cannoyes case Claus Dors 7 Rich. 2. M. 32. and asserted by Mr. Seldens Titles of Honour