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
in one Brigade and their Armes taken by their Officers 60 60. Cheats put upon the State and shortly after they have been listed againe in another Brigade and their Armes sold againe to the State after a while to new Arme them And of this sort were those Armes which being found in a Magazine in Town by some zelots and rumoured to belong to the City for the Arming of Reformado's were upon examination found to belong to Oliver Cromwell so the businesse was buried in silence for though the Kings over-sights must be tragically published to the world yet the hainous crimes of the godly must lie hid under the maske of Religion 61 61. Arreares secured although the State owes them nothing And though they have usually taken free-quarter in one place and taken composition money for free-quarter in another place some of them in two or three places at once 3s. a day some of them 5s. for a Trooper and 1s. a day and 1s. 6d. for a foot Souldier whereby no Arreares are due to them but they owe money to the State yet they have compelled the Houses to settle upon them for pretended Arreares 1. The moity of the Excise that they may have the Souldiers help in leavying it Although to flatter the People the Army had formerly declared against the excise 2. The moity of Goldsmiths-Hall 3. Remainder of Bishops Lands 4. The customes of some Garrisons 5. Forrest Lands This Army brags they are the Saviours nay Conquerors of the Kingdome Let them say when they saved it whether at the fight at Nazeby or taking in of Oxford and we will pay them according to the then List And for all the Recruites taken in since the reducing of Oxford it is fit they be disbanded without pay having been taken in without nay against Authority to drive on wicked designes and enthrall King Parliament City and Kingdome 24. Decemb. 1647. 62 62. Four dethroning Bills presented to the King at Carisbrook-Castle The two Houses by their Commissioners presented to the King at Carisbrook-Castle four Bills to be passed as Acts of Parliament and divers Propositions to be assented to They are all printed so is His Majesties Answer to them wherefore I shall need to say the lesse of them only a word or two to two of the Bills 1. The Act for raising setling 63 63. Act for the Militia and maintaining Forces by Sea and Land within the Kingdoms of England and Ireland Wales c. though it seems to be but for 20 years devests the King his Heirs and Successours of the power of the Militia for ever without hope of recovery but by repealing the said Act which will never be in his nor their power for first it saith That neither the King nor his Heires or Successours nor any other shall exercise any power over the Militia by Land or Sea but such as shall act by authority and approbation of the said Lords and Commons That is a Committee of State of twenty or thirty Grandees to whom the two Houses shall transfer this trust being over-awed by the Army for the ground-work of this Committee was layed by these words though the Committee be erected since And secondly it prohibiteth the King his Heires and Successours c. after the expiration of the said 20 years to exercise any of the said powers without the consent of the said Lords and CoÌ„mons and in all cases wherein the said Lords and Commons shall declare the safety of the Kingdome to be concerned after the said 20 years expired and shall passe any Bills for raising arming c. forces by land or sea or concerning levying of mony c. if the Royall assent to such Bills shall not be given by such a time c. then such Bills so passed by the Lords and Commons shall haâ—e the force of Acts of Parliament without the Royall assent Lo â—â—re a foundation laid to make an Ordinance of both Houses equall to an Act of Parliament if this be granted in one case it will be taken in another and then these Subverters of our Religion Laws and Liberties will turne their usurpation into a legall Tyranny 2. It gives an unlimited power to the two Houses to raise what forces and what numbers for land and sea and of what persons without exceptions they please and to imploy them as they shall judge fit 3. To raise what mony they please for maintaining them and in what sort they think fit out of any mans estate 64 64. Bill for adjournment of the Parliament as well for place as time The Bill for adjournment of both Houses to any other place c. will enable the engaged Party of the two Houses and Army to adjourne the two Houses from time to time to or near the Head quarters of the Army where those Members that refuse to enter into the same Engagement shall neither sit with accommodation nor safety and so be shaken off at last this is a new way of purging the Houses Besides the Parliament following the motions of the Army the King shall follow the Parliament whereby the Army having both King and Parliament present with them whatsoever attempt shall be made against the Army shall be said to be against the safety and authority of the King and Parliament and a legall Treason triable by Indictment not a constructive Treason only Triable before the Lords 65 65. The King's Answer debated Monday 3. Jan. the Kings Answer to the said Bills and Propositions was debated in the House of Commons And first Sir Thomas Wrothe Jacke Pudding to Prideaux the Post-master had his cue to go high and feel the pulse of the House who spake to this purpose That Bedlem was appointed for mad men and Tophet for Kings That our Kings of late had carried themselves as if they were fit for no place but Bedlem That his humble motion should consist of three parts 1. To secure the King and keep Him close in some inland Castle with sure Guards 2. To draw up Articles of Impeachment against Him 3. To lay Him by and settle the Kingdome without Him He cared not what form of Government they set up so it were not by Kings and Devils Fretons Speech Then Commissary Ireton seeming to speak the sense 〈◊〉 the Army under the notion of many thousand godly men who had ventured their lives to subdue their enemies said after this manner The King had denied safety and protection to his people by denying their four Bills That subjection to him was but in lieu of his protection to his people This being denied they might well deny any more subjection to him and settle the Kingdom without him That it was now expected after so long patience they should shew their resolution and not desert those valiant men who had engaged for them beyond all possibility of retreat and would never forsake the Parliament unlesse the Parliament forsooke them first After some more debate
THE HISTORY OF INDEPENDENCY WITH The Rise Growth and Practices of that powerfull and restlesse FACTION D us AMBROSIUS Nec nobis ignominiosum est pati quod passus est Christus nec vobis gloriosum est facere quod fecit Judas TACIT Scelera sceleribus tuenda VIRGILIUS sua cuique Deus fit dira libido 1 St. JOHN C. 2. V. 16. Quicquid est in mundo est concupiscentia oculorum concupiscentia carnis aut superbia vitae Printed in the yeare 1648. Reader GEntle or ungentle I write to all knowing that all have now got almost an equall share and interest in this Gallymaufry or Hotchpot which our Grandee Pseudo-politicians with their negative and demolishing Councells have made both of Church and Common-wealth and therefore I write in a mixed stile in which I dare say there are some things fit to hold the judgments of the Gravest some things fit to catch the fancies of the lightest and some things of a middle nature applying my self to all capacities as far as truth will permit because I fore-see the Catastrophe of this Tragedy is more likely to be consummated by maltitude of hands then wisdome of heads I have been a curious observer and a diligent inquirer after not only the actions but the Councels of these times and I here present the result of my endevours to thee In a time of mis-apprehensions it is good to avoid mistakings and therefore I advise thee not to apply what I say to the Parliament or Army in generall if any phrase that hath dropped from my pen in haste for this is a work of haste seem to look asquint upon them no it is the Grandees the Junto-men the Hocas-pocasses the State-Mountebanks with their Zanyes and Jack-puddings Committee-men Sequestrators Treasurers and Agitators under them that are here historified were the Parliament the major part whereof is in bondage to the minor part and their Janisaries and the Army freed from these usurping and engaged Grandees who betrayed the honour and Priviledges of Parliament and Army to their own lusts both would stand right and be serviceable to the setling of a firme lasting peace under the King upon our first principles Religion Laws and Liberties which are now so far laid by that whosoever will not joyne with the Grandees in subvetting them is tearmed a Malignant as heretofore he that would not adhere to the Parliament in supporting them was accounted so that the definition of a Malignant is turned the wrong side outward The body of the Parliament and Army in the midst of these distempers is yet healthy sound serviceable my endeavour is therefore to play the part of a friendly Phisician and preserve the body by purging peccant humours were the Army under Commanders and Officers of better principles who had not defiled their fingers with publick monies their consciences by complying with and cheating all Interests King Parliament People City and Scots for their owne private ends I should think that they carried the Sword of the Lord and of Gideon but clean contrary to the Image presented to Nebuchadnezzar in a dream the head and upper parts of this aggregate body are part of clay part of iron the lower parts of better mettle I cannot reform I can but admonish God must be both the Aesculapius and Prometheus and amend all and though we receive never so many denialls never so many repulses from him let us take heed how we vote even in the private corners of our hearts no Addresses no Applications to him Let us take heed of multiplying sins against God lest he permit our schismaticall Grandees to multiply Armies and forces upon us to war against Heaven as well as against our Religion Laws Liberties Properties upon Earth and keep us our Estates under the perpetual bondage of the Sword which hath been severall waies attempted in the Houses these two last weeks both for the raising and keeping of a new Army of 30000. or 40000. men in the seven Northern Associate Counties upon established pay besides this Army in the South and also for the raising of men in each County of England and all to be engrossed into the hands of his Excellency and such Commanders and Officers as he shall set over them and this work may chance be carried on by the Grandees of Derby-house and the Army if not prevented for the Generall notwithstanding this power was denied him in the House of Commons hath sent Warrants into most Counties to raise Horse and Foot yea to that basenesse of slavery hath our Generall and Army with their under-Tyrants the Grandees brought us that although themselves did heretofore set the rascallity of the Kingdome on worke especially the schismaticall party to clamour upon the Parliament with scandalous Petitions and make peremptory demands to the Houses destructive to the Religion Laws Liberties and Properties of the Land and the very foundation of Parliaments to which they extorted what Answers they pleased and got a generall Vote That it was the undoubted right of the Subject to petition and afterwards to acquiesce in the wisdome and justice of the two Houses Yet when upon 16. of May 1648. the whole County of Surrey in effect came in so civill a posture to deliver a Petition to the Houses that they were armed for the most part but with sticks in which Petition there is nothing contained which the Parliament is not bound to make good by their many Declarations and Remonstrances to the people or by the Oaths of Allegiance Supremacy or Nationall Covenant or by the known Lawes of this Land Yet were they 1. Abused by the Souldiers of White-Hall as they passed by where some of them were pulled in and beaten 2. When those Gentlemen of quality that carried the Petition came to Westminster-Hall they found a Guard of Souldiers at the dore uncivilly opposing their entrance to make their addresse to the House 3. When they pressed into the Hall and got up to the Commons dore they were there reviled by the Guard 4. The multitude which stood in the new Palace because some of them did but whoop as others did who were purposely set on work as is conceived to mix with them and disorder them were suddenly surrounded with a strong party of Horse from the Mewes It is reported by some that Sir H. Mildmay Col. Purefoy and the Speaker doubting the House would give too good an Answer to their Petition sent for these Horse Foot and some more Companies of Foot from White-Hall who by the appointment of the Committee of Schismaticks at Derby-house were ready prepared for this designe and catched them as it were in a Toyle and with barbarous and schismaticall rage fell upon these naked un-armed Petitioners flew and wounded many without distinction telling them They were appointed to give an Answer to their Petition and they should have no other as indeed they had not though the Lieutenant Colonel that did all the mischief was called
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
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
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
who can think that at the end of 20 yeares these Usurpers will lay down what they have so unjustly contrary to all Laws Divine and Humane and contrary to their owne Declarations Oaths and Covenants extorted and who can or dare wrest those powers out of their hands being once setled and grown customary in them the peoples spirits broken with an habituall servitude a numerous Army and Garrisons hovering over them and all places of Judicature filled with corrupt Judges who shall by constrained interpretations of the Law force bloudy presidents out of them against whosoever shall dare to be so good a Patriot as to oppose their Tyrannie They that could make steel sharp enough to cut Captain Barlyes throat for attempting to rescue the King out of the hands of a rebellious Army that neither obeyes King nor Parliament will find gold and silver enough to corrupt all the Judges they mean to prefer and make them wyld and vilde enough for their purposes But it is hoped he hath more of King more of man in him then to lose his principles and stumble againe at the same stone dash againe upon the same rock whatsoever Syrens sing upon it knowing he hath a Son at liberty to revenge his wrongs all the Princes of Christendome his Allyes whose common cause is controverted in his sufferings the greatest men of England and Scotland of his bloud and the people generally whose farthest designe was to preserve their Lawes and Liberties and to defend the Parliament from being conquered by the Sword looking with an angry aspect upon these Seducers who by insensible degrees and many forgeries have engaged them farther then they intended not to the defence of Religion Laws and Liberties but to the setting up of Schisme Committee law and Martiall law Impeachments before the Lords and unlimited slavery And I am confident this Faction despaire of working upon the King who like a rock in mediis tutissimus undis whatsoever reports they give out to the contrary having from the beginning made lies their refuge which being wisely foreseen by the King he sent a Message to both Houses by way of prevention delivered in the painted Chamber by the Lord of Lauderdale one of the Scots Commissioners consisting of three heads 1. That He was taken from Holdenby against His will 2. That they should maintain the Honour and Priviledges of Parliament 3. That they should believe no Message as coming from Him during His Restraint in the Army but should only credit what they received from His own mouth These Grandees have cheated all the interests of the Kingdom and have lately attempted the City again and had the repulse But the King is their old customer and hath been often cheated by them and having Him in strict custody peradventure they may perswade Him it is for His Safety to be deceived once more wherefore notwithstanding their many endeavours to root up Monarchy dethrone the King and his Posterity and usurp His power in order to which they have overwhelmed Him and all His with innumerable calamities and reproaches yet since the passing of the Declaration against the King their desperate condition hath enforced them to make new addresses in private to Him notwithstanding their four Votes inflicting the penalty of Treason upon the infringers But Treason is as naturall to Cromwell as false-accusing protesting and lying he is so superlative a Traytor that the Laws can lay no hold of him Lieut. Col. Lylborne in a verball Charge delivered at the Commons Bar accused him of many Treasonable acts which the avoweth to make good and in his Book called A Plea for a Habeas Corpus But as if Cromwell were a Traytor cum privilegio the House of Commons being under his armed Guards dares take no notice of it But the Roman Tribune said to Scipio Africanus in Livy Qui jus aequum ferre non potest in eum vim hand injustam fore He that exalts himself above the law ought not to be protected by the law To conclude Cromwell hath lately had private conference at Farnham with Hammond The Earle of Southampton hath been courted to negotiate with the King and offered the two Speakers hands for his warrant Capt. Titus taken into favour and imployed that way These Grandees have brought themselves into a mist and now wander from one foolish designe to another The Spaniard is said to forecast in his debates what will happen forty years after But these purblind Politicians doe not foresee the event of their Councels forty daies nay howers beforehand but it is a curse laid upon wicked men to grope at noone day 76 76. Debates in the House of Commons upon the Scots Letters 1 1. Concerning the said four Votes About the 5. or 6. of Jan. 1647. the Scots Commissioners had written certaine Letters to the House of Commons one whereof repeating the four Votes against the King propounded to know whether the Houses by their Votes That no person whatsoever do presume to make or receive any Application or addresse to or from the King would debar the Scots to make or receive any Addresses to or from him and so put an incapacity upon Him to perform Acts of Government towards them In the debate the Independents called to mind a more antient Vote whereby it was ordered That the Scots might be admitted to the King Against which was alleaged That these latter Votes being made generall without exception Repealed that former Vote At last by an interpretative Vote it was concluded That notwithstanding the said four latter Votes the former Vote That the Scots Commissioners might make Addresses to the King was still in force Observe that this was done four or five daies after the Scots Commissioners were on their way towards Scotland The second Letter was concerning 100000l due by contract to the Scots from the Parliament 2 2. Concerning 100000l due to the Scots whereof 50000l was payable by assignement to divers Scots Gentlemen who had advanced money to hasten the Scots Army to our Relief whereof 10000l was payable to the Earle of Argyle Sir Henry Mildmay made a long Speech in praise of Argyle saying That he and his party and the Scottish Clergy were the onely men that upheld the English interest in Scotland and were better friends to us then all Scotland besides wherefore he moved that Argyle might be payed his 10000l and the rest continued at Interest at 81. per cent Presently the whole Independent gang with much zeale and little discretion ran that way untill more moderate men stopping them in full cry minded them what dishonour and danger they might bring their friends into by laying him open to suspition After this it was Resolved to send four Cōmons 77 77. Six Commissioners sent into Scotland and two Lords into Scotland as Commissioners with Instructions to send all Independents would not be acceptable Two Presbyterians Commoners therefore were sent one whereof was sweetned with the guift of 1000l
and an Office before they would trust him with them were sent Mr. Hearle and Mr. Marshall Marshall when he saw Independency prevaile 78 78. M. Marshall had secretly turned his coat the wrong side outward and joyned interest with Mr. Nye But before he declared himself he was to do some service for his new party Wherefore when the Army looked with a threatning posture upon the Parliament and City before they marched through London the common Souldiers being in such discontent for want of pay that they were ready to mutiny and disband and their Officers scarce daring to governe them the first fruits of Marshall's service to his new friends was to perswade the City to lend the Parliament 50000l to pacifie the Souldiers assuring them by Letters that the Army had nothing but good thoughts towards the City onely the common Souldiers was troubled for want of pay after the City had laid down the said 50000l his next labour was to perswade the Citizens to let the Army march through the City without opposition for avoiding of bloudshed and firing and to let them possesse the Tower and Line of Communication After these services the Grandees of the Parliament and Army finding him sutable to them received him into an avowed favour and then four Independents and four Presbyterian Divines conjoyning their interests were sent to season the Army and new tune them according to the more moderne designe Marshall was one where after he had preached according to the Dictates of the Grandees of the two Houses and Army for divers weeks Marshall was thought fit to attend the Commissioners into Scotland He and Mr. Nye had been sent to Carisbrooke Castle formerly with those Commissioners that carried the four Bills to the King and had 500l a piece given them for their journey Scotland a longer journey promised a larger reward it is good being a postilion of the Gospel at such rates The Sunday before he went he preached at Margarets Westminster and as much cried up Presbytery and the Covenant there as he had before slighted them in the Army This was a preparation Sermon to make him acceptable to the Scots that he might cajole them the easier Before he went he sent his Agents from house to house at Westminster to beg mens good wills towards his journey He was willing upon this pretence to get what he could from St. Margarets Parish where he found the people to grow cold in their affections and contributions to him Wherefore having made his bargain before he went to leave S. Margarets and officiate in the Abby where he is to have 300l per annum certain allowance he would rob the Aegyptians at S. Margarets for a parting blow This Priest married his owne Daughter with the Book of Common-prayer and a Ring and gave for reason That the Statute establishing that Liturgy was not yet repealed and he was loath to have his Daughter whored and turned back upon him for want of a Legall Mariage yet he can declare against all use of it by others He hath so long cursed Meroz and neutrality that he hath brought Gods curse upon the land and hath put Church and Common-wealth into a flame but himself and his Brats have warmed their fingers at it as monies are decried or enhaunced by the Kings authority so is every mans Religion cried up or down by Marshall's authority and stamp About the 24. 79 79. The Answer to the Scots Declaration Feb. the Answer to the Scots Declaration began to be debated in parts in which Debate the Covenant was much undervalued and called an Almanack out of Date Nath Fiennes argued against it That that clause in the Covenant To defend the Kings Person Crown and Dignity c. was inconsistent with their four Votes for making no Addresses to the King To which was answered by some That then they would relinquish the foure Votes and adhere to the Covenant About the beginning of March 80 80. Mony shared amongst godly Members was given to Col. Sydenham and Col. Bingham 1000l apiece as part of their Arrears their Accounts not yet stated To the Lord of Broghill 2000l To Master Fenwicke 500l for losses To Mr. Millington 2000l for losses To Col. Ven 4000l notwithstanding it was moved he might first account for Contribution-money the Plunder of the Country about Windsor and the Kings Houshold-stuffe Hangings Linnen and Bedding Mr. Pury the Petty-bag Office besides 1000l formerly given him To Pury's Son the Clerke of the Peers place and 100l a yeare all Independents The 7. of March 81 81. Cromwell an Ordinance passed the Commons to settle 2500l a year land out of the Marquesse of Worcester's Estate upon Lieutenant Generall Oliver Cromwell I have heard some Gentlemen that know the Mannor of Chepstow and the rest of the Lands setled upon him affirm That in the particulars the said Lands are so favourably rated that they are worth 5000l or 6000l a year It is farther said those Lands are bravely wooded You see though they have not made King Charles a glorious King 82 82. A Message from the Lords desiring the Commons concurrence to the engagement of the Members with the Army as they promised yet they have setled a crowne Revenue upon Oliver and have made him as great and glorious a king as ever John of Leyden was Wonder not that they conspire to keep up this Army as well to make good these Largesses as to keep their guilty Heads upon their shoulders Thursday 9. March the Lords sent a Message to the House of Commons To desire their concurrence to the Engagement of those Members that fled to the Army The engagement approved by Threats to live and die with the Army It was Debated all day untill seven of the clock at night and at last the question put That this House doth approve the subscription of the said Members to the said Ingagement The House divided upon the question yeas 100. noes 91. Observe 1. that Mr. Solicitor Hasterig and many more when they perceived difficulty in passing it began to skirmish with their long sword againe And many told them they must give content without dores meaning to the Army as well at within or else all would go naught 2. 44 Of those Members that engaged with the Army sate in the House and voted in their owne case many of them carrying themselves very high and insolently in their gestures and expressions 3. Many Presbyterians left the House because it was late and some as it is thought not daring to vote in the negative 4. This engagement about six Months agoe had been sent to the Commons by the Lords once or twice and was rejected yet now was obtruded upon them again by the Lords who would not acquiesce contrary to the Priviledges of the House of Commons 5. This approbation thus surreptitiously gotten is equall to a Pardon sued forth before conviction which in law amounteth to a confession of the crime
or 9 years old going to Schoole at Thistleworth might be secured in the Tower and kept for an Hostage To which was Answered That no man could give an Hostage An Hostage must be given upon the publick faith upon some stipulation and must be so received by mutuall agreement you cannot punish the Child for the Fathers fault yet he was Voted to the Tower and sent My Lord Inchiquins Commission as president of Munster and Generall of the Army Voted voide and no man to obey him himselfe Voted a Traytor Yet no man examined upon Oath against him nor any man sent to take information of the businesse into Ireland and his professed enemy the Lord Lisle is to goe Generall into Munster in his roome and the said fugitive Officers all rewarded as if they had brought acceptable newes This day Reynolds revived Allens motion for putting the Members to the Test by some Covenant Protestation or Declaration subscribed That this is a free Parliament and that they would live and die with this Parliament and Army To which was Answered 1. That by Ordinance of both Houses all men were enjoyned to take the Nationall Covenant This Covenant is the true Touch-stone of the Parliament and so agreed upon by the wisdome of both Nations Yet many sit here who refuse to obey this Ordinance I know no reason therefore why any man should obey you in any other Ordinance of this nature let us keep the old Covenant before we take any new 2. It hath been moved in this House that the Oathes of Justices of the Peace and Sheriffes might be taken away I hope you will not abolish legall Oathes and impose illegall Oathes This House hath not so much Authority as to administer an Oath much more to impose one you must allow to others that liberty of Conscience which you demand for your selves 3. Major Gray told you my Lord Inchiquine said he had correspondency with all the Presbyterians in the House who had made their peace with the King But my Lord Inchiquine told him farther the Independents were upon Treaty with Owen Roc Oneal let them clear themselves of that imputation first before they give a purgation unto others otherwise what you doe will savour of force 4. The true Touch-stone to try every mans integrity is To examine who have inriched themselves by the calamities of the times and your service and who are impoverished 5. This is a new device to Purge the House The Grandees of the House have cantonized the Kingdome between 88 88. The Counties compelled to give thanks to the Houses for their Votes against the King them every man in his division protecting the Country Committees and receiving tribute from them in recompence of their protection and Prideaux the Postmaster being king of the West Saxons his Viceroy or Lord Deputy for the County of Somerset is that running Colonel John Pyne who being often inspired with Sack rules the Committee and County by inspiration Pyne and his Peers of the Committee to please his Superiours set on foot a draught of a Petition to be handed by the Country Giving thanks to the Parliament for their 4 Votes against the King and promised to live and die with the Parliament and Army and desired the County might be freed from Malignants Neuters and Apostates which in their interpretation signifies Presbyterians and moderate men who will not daunce about the flame when the Independents make a bonfire of the Common-wealth The Easterne Division of Somerset-shire rejected the Petition in the Westerne Division Pyne and his Committee sending abroad their Sequestrators with the Petition and threatning to take them for Malignants and sequester them that refused got many subscriptions but the Subscribers since better enformed of the danger and mischief of those Votes retracted what they had done by a counter Petition wherein they declared that their Subscription to the former Petition was contrary to their judgment and conscience and extorted by terror of Sequestrators and threats of being sequestred This affront stung the Committee and opened the eyes of the Country as the like foolish attempt of Sr H. Mildmay did the eyes of the County of Essex Wherefore to find a playster for this broken pate Sergeant Wylde he that hanged Capt. Burly comming that Circuit care was taken to have a selected Grand Jury of Schismaticks and Sequestrators blended together who made a presentment subscribed by 19. of their hands which Sergeant Wylde preserved in his pocket and upon Tuesday 18. April delivered with as much gravity as a set speech and set ruffe could furnish him withall in the House of Commons and was read and hearkened unto by the thriving godly with as much attention as pricking up of ears and turning up of eyes could demonstrate the contents of this Presentment were the same with the aforesaid revoked Petition Great care was taken to give thanks to the high Sheriffe and Grand Jury who had so freely delivered the sense of that well-affected County and as much care taken to improve this Talent and put it to interest throughout the Kingdome Colonel Purefoy is now at this worke in Warwick-shire Sir Arthur Hasterig about Newcastle others in other places Pitifull Crutches to support a crippled reputation which now halts and begs for relief worse then their owne maymed Souldiers do and with as bad successe they have juggled themselves out of credit and would fain juggle themselves in again Behold the wisdome of our Grandees wise religious new-modelled Politicians who have brought themselves and the whole Kingdome into these deplorable contemptible straights take notice of your Representative you that are Represented call them to a seasonable account But whither doth my zeale carry me I shall anon stumble upon a new-fangled Treason to be declared against me 89 89. Mens tongues tied up by an Ordinance Friday 21. April an Ordinance was presented to the House intituled For suppressing all Tumults and Insurrections the Committee of Safety at Darby house had before an ample power conferred upon them for that purpose but guilty consciences though they be safe are never secure like Cain they think that every man will slay them it was passed after some amendments to this purpose That any three Committee men shall have power to Imprison and Sequester all such as shall actually adhere to any that shall raise or endeavour to raise Tumults and Insurrections or shall speak or publish any thing reproachfull to the Parliament or their proceedings Behold here an excise amounting to the value of all you have set upon every light word A man made an offender for a word to the utter ruine of him and his posterity under colour of defending Lawes Liberties and Properties you are cheated of them all and reduced to meer and absolute slavery and beggery you are not masters of your own carkasses yet your mouths are buttoned up you must not be allowed that silly comfort of venting your griefs by way of complaint what
7. The Grandees of the Parliament and Army have brought the Kingdome to so miserable a condition that they have left no Authority in England able to settle peace the King is a close Prisoner to the Army therefore all he shall doe will be clearly void in law by reason of Dures The Parliament is in Wardship to them who keep armed Guards upon them Garrisons round about them and by illegall Accusations Blancke Impeachments threatning Remonstrances and Declarations c. fright away many Members and compell the rest to Vote and un-Vote what they please whereby all the Parliament doth is void and null in Law ab initio it being no free Parliament but a Sub-committee to the Army and living as the Aegyptians did under vassalage to their own Mamaluchi or Mercenaries The people therefore must resolve either to have no Army or no Peace 8. They have put out the eyes of the Kingdome 8 8. The two Vniversities destroyed the two Universities of Oxford and Cambridge and have brought the whole Land to make sport before them knowing that Learning and Religion as well as Laws and Liberties are enemies to their barbarous irrationall and Russian way of Government 9. Many honest men took part with this Parliament 9 9. Many honest men seduced by faire pretences took part with them never intending to leave their first principles and enslave King and Kingdome seduced by those fair pretences of defending Religion Laws and Liberties which they first held forth to the people and being unwilling to have a Parliament conquered by the Sword not thinking it possible that a prevailing Faction in Parliament should so far prevaricate as to conspire to enslave King Parliament and Kingdome to subvert the Laws Liberties and fundamentall Government of the Land under which they and their Posterity were and were likely to be so happily governed and betray Religion unto Hereticks and Schismaticks and share the spoiles of the Common-wealth between them and think of enriching themselves with them in foraine lands yet many at the beginning much disliked that Religion should be used as an ingredient to the carrying on of a Civill War and that Schismaticks should have so great a stroak in managing the businesse yet were pacified with this consideration that we must refuse no helps in our defence if a man be assaulted by Thieves on the high way he will not refuse to joyne with Schismaticks or Turks in a common defence the same authority that then countenanced those Schismaticks it was hoped would be able to discountenance them again when the work was done But the Grandees of the Houses having other designes had so often purged the Houses that they left few honest moderate men in them to oppose their projects still bringing in Schismaticks and men of their owne interests by enforced undue Elections into their rooms and so by insensible degrees new modelled the House sutable to their owne corrupt desires and new modelled this Army accordingly so that the people who had no intention to be intrusted so far were step by step so far engaged before they were aware that they could not draw their feet back and do now find to their grief that the Bit is in their mouths the saddle fast girt on their galled backs and these Rank riders mounted who will spur them not only out of their Estates Lawes and Liberties but into Hell with renewed Treasons new Oaths Covenants and Engagements if they take not the more heed and be not the more resolute they have changed their old honest principles and their old friends who bore the first brunt of the businesse and have taken new principles and friends in their roome sutable to their present desperate designes and now that they have squeezed what they can out of the Kings party they think of sequestring their old friends because they adhere to their old principles 10 10. Who are the King 's bitterest enemies 10. Amongst those that are most bitter against the King his own Servants especially the Judasses of the Committee of the Revenue that carry his purse and have fingered more of his mony and goods then they can or dare give an account for are the greatest Zealots those that take upon them imployments about his Revenue and share what allowances to themselves they please for their pains those that buy in for trifles old sleeping pensions that have not been payed nor allowed this thirty years and pay themselves all arrears those that rent parcells of the Kings Revenue for the eighth or tenth part of the worth as Cor Holland who renteth for 200l per annum as much of his Estate as is worth 1600l or 1800l per annum Thus you see the Lion Lord of the forrest growing sick and weak become a prey and is goared by the Oxe bitten by the Dog yea and kicked by the Asse Look upon this president you Kings and Princes and call to mind examples of old that of Nebuchadnezzar others lest by exalting your selves too high you provoke God to cast you too low The Epilogue I Am not Ignorant that there is a naturall purging a naturall phlebotomy belonging to politicke as well as to naturall bodies and that some good humours are alwaies evacuated with the bad yet I cannot but deplore what I have observed That the honestest and justest men of both sides such as if they have done evill did it because they thought it good such as were carried aside with specious pretences and many of them seduced by pulpit-Devils who transformed themselves into Angels of light have alwaies fared worse then other men as if this difference between the King Parliament were but a syncretismus or illusion against honest men nay I do farther foresee that in the period and closing up of this Tragedy they will fare worst of all because they have not taken a liberty to enrich themselves with publick spoyles and fat themselves by eating out the bowels of their mother but are grown lean and poor by their integrity whereby being disabled to buy friendship in the daies of trouble they will be put upon it to pay other mens reckonings When Verres was Praetor of Sicily he had with wonderful corruptions pillaged that Province and at the same time the Praetor of Sardinia being sentenced for depeculating and robbing that Province Timarchides Verres correspondent at Rome writ a very anxious Letter to him giving him warning of it But Verres in a jolly humour answered him that the Praetor of Sardinia was a foole and had extorted no more from the Sardinians then would serve his own turn but himself had gathered up such rich Booties amongst the Sicilians that the very overplus thereof would dazle the eyes of the Senate and blind them so that they should not see his faults such I foresee will be the lot of the more just and modest men who shall be guilty because they were fools as the other sort shall be innocent because they