him to contemne them both Thus putting my trust in God I put Pen to Paper and my life into the scales vvhere God I knovv holds the ballance he vvhose providence takes notice of a Sparrovv falling from the house-top vvill vvatch over me and either protect me against them or receive me from them Cromvvell and Ireton by advice of their thriving Iunto of Independents in the tvvo Houses having mutinied the Army against their Masters the Parliament 2. An Introductory Repetition See my I. Part of the History of Independency sect 7 8 9 10 11 13 14. found that crime could not be defended but by committing greater vvherefore they seized the Kings Person at Holdenby to gaine Authority vvith the People that they might the better subdue the Parliament to their lusts for the better expediting vvhereof Sect. 18 19. they courted the City of London to sit Neuters and let them vvorke their vvills vvith the Parliament vvhich Myne not taking fire they united the scismatical Party of the City and Countrey to them and all such as being guilty of publique cheats and spoyles desired the protection of the Svvord to make good their rapines and accounted all men else as Enemies applying themselves to vvooe and cajole the People easily vvrought upon as being vveary of the VVarre and of the Mis-government Factions confusions and oppressions of their nevv Masters the Parliament vvhich indeed vvere very great but aggravated by them and their Agitators beyond the truth and the vvhole vvaight of them charged upon the more moderate and innocent Party onely because they vvere their Opposites vvhereas had they set the saddle upon the right horse as sure as Iudas bore the Bagge the Independents must have rid before the Cloak bagge they being the Publicans and Sinners that handled most publique treasure The Layers on Exactors Treasurers c. of Taxes the farre more numerous and busie party in all Mony-Committees and gainfull Employments Engrossers of all great Offices and the greatest Sharers of Publique money amongst themselves for Compensations for Losses and Revvards for Services pretended and consequently that Faction vvere the greatest Dilapidators of the Common-vvealth Oppressors of the People and Authors of confusion though according to custome by an impudent fallacy called Translatio criminis the Independent faction lay their Bastards at other Mens dores making a shevv to redresse those faults in other men vvhich themselves are chiefly guilty of vvherefore the better to ingratiate themselves vvith King and People they printed and published Engagements Declarations Remonstrances Manifestoes Proposals and Petitions of their ovvne penning and sent them by their Agitators and sectary Priests into all Counties for concurrence and Subscriptions the better to steale the respects of the People from the Parliament to themselves like Absolom they flattered the People to make Addresses and Complaints against publique Grievances to them onely Boasting themselves for the sole Arbitrators of Peace Restorers of Lavves Liberty and Property Setlers of Religion Maintainers of the Priviledges of Parliament Reformers and Callers to Account of all Committees Sequestrators Treasurers c. Deliverers of the People from that intolerable Excise and other Taxes But above all Preservers of all just Interests and Restorers of the King to his just Rights and Prerogatives vvith honour freedome and safety to his Person originally their ovvne vvords Booke of Declarations of the Army pag. 112. Represent of the Army at S. Albons Iune 23. 1647. B. Decl againe p. 64 Sir Tho Fairfax's Letter to the Houses from Reading Iuly 6. 1647. B. Decl againe p. 75. Proposals of the Army Aug. 1. 1647. Putney Projects p. 1â— 14 4â— and my Animadverssions upon the Armies Remonstrance delivered to the Commons Novemb. 20. 1648. The second part of Englands Nevv Chains and the Hunting the Foxes from Nevv Market and Triplo heath to White hall by five small Beagles p. 6 7. See my Animadversions upon the Armys Remonstrance Nov. 20. 1648 and Putney Projects p. 43. and Major Huntingtons Relation in a Booke caled A plea for King and Kingdome in Answer to the Armys Remonst presented Novemb. 20. 1648. pag 14 15. 16. and Second part of England's New Chaines and the said Hunting of the Foxes c. And the Reasons inducing Major Robert Huntington to lay downe his Commission though since they Quarrell vvith Parliament City for using them Reducers of his Queen and Children vvithout vvhich they openly professe and Declare positively in many printed Papers to the vvorld and the Parliament There can be no setled peace nor happinesse to this Nation The truth of this Assertion vvas obvious to the meanest Capacities and vvill sodainly be proved by deare and lamentable experience To all these undertakings they novv hunt directly counter yet in pursuance of these undertakings the Army by their ovvne Authority made Addresses to his Majesty and presented to him more tolerable Proposals than any he could obtaine from his Parliament They treated vvith him yea they vvrought upon him under-hand to neglect the Propositions from Parliament tendered to him at Hampton-Court and to preferre the Proposals of the Army and then presuming they had him fast lymed they propounded to him anevv as I have it from good hands private Proposals for the Interest of the Independent Grandees and the Army derogatory to the Kingly Povver and Dignity to the Lavves Liberties and Properties of the Subject and destructive to Religion To vvhich his Majesty giving an utter denyall they began to entertaine nevv Designes against the Kings Person and Kingly Gouvernment vvhich they ushered in by setting the Schismaticall and Levelling Party on vvork in City and most Counties to obtrude upon the Houses clamorous Petitions against further Treaties and demanding exemplary Iustice against the King exceedingly laboured by Cromwell himselfe in Yorkeshire both amongst the Gentry and Souldiers c. amongst these the Petition Decemb. 11. 1648. vvas the most eminent these men that insolently petitioned against the fundamentall Government of the Land and Peace by Accommodation vvere entertained vvith Thanks Others that petitioned for Peace by Accommodation vvere entertained vvith Frovvns disfranchisings sequestrations vvounds and death as the Surrey Gentlemen this shevved vvith hovv little reality the over-ruling Party in the Houses Treated vvith the King 2. part of England's Chaines discovered 1. Treaty in the Isle of Wight In order to this Designe of laying aside the King and subverting Monarchy They 1. frighted his Majesty into the Isle of VVight 2. The Parliament that is the predominant Party pursued him thither vvith offer of a Treaty upon Propositions conditionally that before he should be admitted to Treat he passe 4. Dethroning Bills of so high a nature that he had enslaved the People subverted Parliaments and had made himselfe but the Statue of a King and no good Christian had he by his Royall assent passed them into Acts of Parliament 1 par Hist Ind. sect 62 63 64. and the Parliament or rather the Grandees
Int rest and Party The more subtile Independent knevv the King vvould not nor could not take it and therefore complied vvith the Presbyterians in obtruding it upon him to breake off the Treaty many things in the Covenant vvere vaine in the Person of His Majesty as that He should sweare to maintain His owne Person c. vvhich the lavv of nature binds him to vvithout an Oath vvhich in this case is idle and a prophaning of Gods name some things in the Oath vvere contradictory to vvhat the Parliaments Propositions desired of him as to maintaine His owne Authority in defence of Religon Lawes and Liberties vvhich vvas impossible for Him to doe unlesse he kept the Militia in his ovvne hands and his Negative Voice also vvhich that clause in the Bill of Militia That all Bills for leavying Forces should have the povver of Acts of Parliament without the Royall Assent c. vvould have deprived him of by making their Ordinances Acts of Parliament in effect binding to the Persons and Estates of the People in an Arbitrary vvay to their utter enslaving To sweare to Abolish Bishops c. vvas against his Coronation Oath To sweare to extirpate Heresies Schismes c. is more then the Independents vvould permit To sweare to maintaine the Vnion between the two Nations vvhich the Parliament declare already to be broken by the Scots Invasion is vaine besides hovv unjust a thing vvas it to impose that Oath upon the King vvhen most Members of the Parliament Army and others are left at large not to take it The Parliaments Demands That the King should declare against the Marquesse of Ormonds proceedings to unite all the Interests of Ireland for the service of his Majesty vvas no part of the Propositions upon vvhich the Treaty vvas begun but a subsequent request upon an emergent occasion and therefore I see no reason vvhy the King should have given any Ansvver to it but onely have held himselfe to the originall Propositions yet he did Ansvver That the whole businesse of Ireland was included in the Treaty and therefore a happy Agreement thereupon would set an end to all differences there vvhich being voted unsatisfactory and moved that a new Declaration might be published against him the King vvas inforced to put a stand to the Marquesses proceedings by his Letter to his great prejudice yet these Declarers against him do novv comply vvith Ovven Roe Oneale and have entertained O Realy the Popes Irish-Vicar-generall in England to negotiate for the Irish massacring Rebels vvith the Parliament These things considered prove vvhat I find in our late King Charles the 1. most excellent Booke Chap. 18. That it is a Maxime to those that are Enemies to peace to aske something which in Reason and Honour must be denied that they might have some colour to refuse all the rest that is granted More observations upon this unlucky Treaty I vvill not trouble my Reader vvith these being enough to shevv the vanity of those Propositions by these he may take a scantling of the rest ex pede Herculem I cannot but blame the indiscretion if not the indisposition of those Commissioners vvho cavilled avvay so much time in the Treaty 17. Iones complaines by Letters that Ireland was like to be lost untill Cromwell had done his vvorke in the North and marched up to Tovvne to make the Treaty ineffectuall About the latter end of Octob. 1648. Col. Iones sent vvhining Letters from Dublin to the Steers-men at Darby-house complaining that all Ireland vvas like to unite and prosecute the Kings Interest and therefore he cried for help but neither the said Committee in their consultations nor the Army in execution of vvhat vvas resolved could agree amongst themselves the Engrossers and Monopolizers of Olygarchy into a fevv hands desiring to make themselves a corporation of Tyrants suspect an opposition from the Levellers and vvould faine turne them out of the Kingdome into Ireland to seek their fortunes and practice their Levelling Principles in a strange Land The Levellers more numerous in the Army though lesse numerous in the said Committee straine courtesie vvith their Betters and vvould have them goe first thinking the seeds of liberty and equality vvill prosper better in the soyle and ayre of England VVhile they vvere disputing if Marquesse Ormond had been acting as he had been had not the King been necessitated to retard him by his said Letters sent from the Isle of VVight during the Treaty the King had recovered that Kingdome intirely to himselfe vvhich had been of great advantage to him The 20. Novemb. 1648. Col. Evvers 18. The Remonst of the Army to he House of Commons Nov. 20 1648. vvith seven or eight Officers more presented at the House of Commons Barre a thing called by those that use to miscall things An humble Remonstrance of the Army it is founded upon these five Anarchicall Principles 1. That themselves and their faction onely vvhom they call exclusively the VVel-affected Godly Honest Party the Saints are the People of England all the rest but Philistins Amorites or at the best but Gibeonites 2. That their Interest onely is the publique Interest of the People 3. That thè People that is themselves are the onely competent Iudges of the Peoples safety contrary to the Lavves and practice of all Nations vvhich bestovv that prerogative onely upon the Supreme Magistrate but it may be here lies hid another subsequent principle That they are the Supreme Magistrate armed vvith Supreme Authority as vvell as vvith their Svvords and hereupon they as good as tell the House That if their supposed dangers be not removed and those remedies vvhich they Remonstrate admitted they shall make such appeale to God that is their Svvord as formerly they have done 4. Principle is consequentiall to the 3. That they may drive on their Designe upon pretence of necessity self-preservation honest intentions providence or revelation against all Powers Formes of Government and Lawes what soever under colour of that much abused Maxime Salus Populi Supremae Lex esto the safety of the People is the Supreme Lavv vvhich hath been the fruitfull Mother of many Rebellions in all Ages to serve the corrupt ends of ambitious Persons vvho usually fish in troubled vvaters to attaine to those ends vvhich they could never arrive at in setled Governments This is a Principle or nevv light discovered by Maior Huntington That it is lawfull to passe through any formes of Government for accomplishment of their ends and therefore either to purge the Houses and support the remaining Party by power everlastingly or put a period to them by force and themselves imply as much in this Remonstrance p. 45 saying It cannot be safe to accommodtae vvith the King because if He returne and this Parliament continue long and unlimited He vvill make a Party amongst them He hath bid faire for it among the Commons already and the Lords are his ovvne out of Question and therefore vve dare not trust
Generall and Generall Councell of the Army and their Faction now remaining and sitting in the said House WHereas long since for ease of the People both Houses in a full free Parliament Voted the Disbanding of this Army in opposition to which some great Officers of the said Army to continue their rich Commands with some Members of the House of Commons who daily inrich themselves by the troubles of the times secretly mutinied the Army against the Parliament And whereas lately the farre major part of the House of Commons pitying the bleeding condition and teares of the oppressed People Voted and entred into a Personall Treaty with the King without which by the Armies own confession in their Remonstrance at Saint Albons p. 64. there can be no peace which the Army interrupted by obtruding upon the Commons a treasonable Remonstrance 20. Novemb. 1648. tending to destroy the King and His Posterity and wholly to subvert all Parliaments Religion Lawes Liberties for ever whereby the Commons in Parliament found it absolutely necessary to prevent such pernitious innovations by cōcluding a safe peace with His Majesty whereupon after mature debate the House of Commons the 5. Decemb. 1648. Voted That the Kings Answer to the Propositions of both Houses upon the Treaty were a ground for the Houses to proceed to the setlement of a safe and well-grounded Peace Upon which the Generall and Councell of Warre Wednesday morning 6. December 1648. Seized Imprisoned 41 of the Members going to the House of Commons to doe their Duty secluded above 160. other Members besides 40. or 50. Members who voluntarily withdrew themselves to avoid their violence leaving onely their owne engaged party of 40. or 50. Members sitting who now passe Acts of Parliament of the House of Commons as they call them without the Lords and comply with the said Councell of Warre to carry on the said Remonstrance To which purpose this present remnant of the Commons have unvoted in a thin House under the force of the Army what was deliberately Voted in a full and free House whereas by their owne Ordinance passed upon the Tumult of Apprentices 20. August 1647. to null and make void ab initio all Acts Orders Votes c. passed under the said force This remaining Party ought not to sit act nor take upon them the style af a House under so visible actuall and horrid a Force The premises considered We whose names are hereunto subscribed Members of the House of Commons doe declare protest That the said Generall Commissioned Officers Generall Councell of the Army by the said act of violence upon the major part of the House which legally and virtually is the whole House have waged Warre and Rebelled against the Parliament their Masters who raised them to defend the Priviledges of Parliament the Kings Person Authority in defence of Religion Lawes Liberties and have thereby forfeited their Commissions and have broken and dis-continued this Parliament so that untill this force be removed punished the Honour of the Parliament and their wronged Members vindicated and all the Members resummoned all the Votes Orders Actings Passed and to be Passed by this nominall House of Commons are and will be void ab initio and all such as doe or shall obey them are and will be punishable both by the Armies owne judgment in their Remonstrance August 18. and by the Houses Declaration and the said Ordinance 20. August 1647. We doe farther declare protest against this present House of Commons illegall Acts Order or Ordinance for erecting a High Court of Justice usurping a power without any Law or president to Trie Depose and bring to capitall punishment the King and to Dis-inherit His Posterity or any of them and against the said Generall Councell of Officers aiding and abetting them therein as highly impious against the Law of God Nations the Protestant Profession Traytors against the Stat. of Treasons 25. Edw. 3. and against all Lawes and our Statutes perjurious and perfidious against the Oaths of Allegiance Supremacy Nationall Covenant and Protestation all the Parliaments Declarations Remonstrances held forth to the world their Treaties and promises made to the Scots when they delivered the Kings Person into our hands against our promises made to the Hollanders and other Nations and against all the Professions Declarations Remonstrances and Proposalls made by this Army when they made their Addresses to the King at New-market Hampton-Court and other places Ianuary 19. 1648. William Pryn. Clem Walker About this time the Generall Councell of Officers at White-Hall ordered 75. The Coun of Officers order 2. Petit for the Com House 1. against Tyths 2. against the Stat. for Banishing the Ievvs 76. Col. Tichburnes Pet and Complaint against the Ld. Mayor their Orders thereupon The like Petitiōs vvere invited from most Counties vvhere a dozen Schismaticks and two or three Cloaks represēted a vvhole County That two Petitions or mandates rather should be drawn and presented to their House of Commons One against Payment of Tythes the other for Repealing the Act for Banishment of the Iewes Here you see they shake hands with the Jewes and crucifie Christ in his Ministers as well as in his Anointed the King About this time Col Tichburne some schismaticall Common-Councell-men presented a Petition to the supreme Authority the Commons in Parliament demanding justice against all grand and capitall Actors in the late Warres against the Parliament from the highest to the lowest the Militia Navy and all Places of power to be in faithfull hands that is in their owne Faction all others being displaced under the generall notion of Disaffected to settle the Votes That the supreme Authority is in the Commons in Parliament assembled They complained That the Lord Mayor and some Aldermen denied to put their Petition to the Question at the Common Councell and departed the Court with the Sergeant and Town-Clerke That the Court afterwards passed it Nemine contradicente The Commons thanked the Petitioners for the tender of their assistance and Ordered That the Petition should be entered amongst the Acts of the Common Councell and owned them for a Common Councell notwithstanding the departure of the Lord Mayor c. And about foure or five daies after the Commons Ordered * See a just solemne Protest of the free Citizens of London against the Ordinance 17. Decemb 1647. disabling such as had any hand in the City Engagement to beare Offices That any six of the Common Councell upon emergent occasions might send for the Lord Mayor to call a Common Councell themselves and any forty of them to have power to Act as a Common Councell without the Lord Mayor any thing in their Charter to the contrary notwithstanding Thus you see the Votes of this supreme thing the House of Commons are now become the onely Lawes and Reason of all our actions 77. An Act passed for adjournment of part of Hillary Terme
Warre bloody thievish Task-masters Remember his deceased Majesties gracious Messages frequently fent for peace and reconcilement Remember His Concessions to His Parliament upon the last Treaty more than ever any King granted to His People Remember His pious meek and Christian Martyrdome suffered for His People which bitter Cup had passed from Him if He would have built up and established this Babel of Tyranny now insulting over us and have turned our wel-mixed Monarchy into an Olygarchicall legall Tyranny by adding His Royall Assent to their wicked Demands tendered to Him but two daies before His translation form this valley of teares Remember His Post humus Booke to His Sonne full of precepts savoring meerly of piety Christian wisdome charity and forgivenesse to His very Enemies and then judge whether our late King or our usurping Kinglings now scratching and tearing us making one Warre beget-another 1 King 3. perpetuating an Army and domineering over us by the power of the Sword were the naturall Parent whose bowels yearned upon this now Orphan Child the English Nation dying and expiring under this new Corporation of Tyrants Oath of Allegiance Stat. of Recognition 1 Iacobi the putative Parent which overlayed it He that acknowledged Allegiance to the Father cannot deny it to his Sonne as having sworne to beare faith and true Allegiance to the King his Father and to his lawfull Heyres and Successours which our usurping Hogens Mogens cannot pretend to be so that as well for duty and conscience to God and their owne Soules as for a necessary and just protection of their lives and estates all honest and wise men ought to cast themselves into the Armes of his Dread Majesty our present KING as the onely sanctuary of their salvation and not suffer themselves to be so farre mis-led by vaine reports as to be more afraid of their cure than of their disease Stultorum incurata pudor malas ulcera celat Solomon hath shewed you out of the Cabinet of Nature the difference between a Natural-Mother and a Step-mother Dictum de Kennelworth and that you may see the difference between a natural King correcting his owne people with fatherly compassion for examples sake and a Usurper wounding killing and robbing those which are none of his owne his fellow Servants for his lust and lucre sake I will set downe a short Abridgement of our owne famous Dictum de Kennelworth and first the occasion thereof which was thus Simon de Montford Earle of Leicester conspiring with many other great Men rebelled against Henry 3. pretending after the manner of all Rebels Reformation of publique Grievances He overthrew the King in battle took Him and his Sonne Prince Edward Prisoners the Prince after a while escaped out of Prison raised an Army overthrew and slew in the Battle of Evesham Simon Montford subdued the whole Party rescued and re-inthroned his Father Commissions were sent forth to prevent future troubles and settle mens minds grown desperare with feare what horrid punishments so horrible a Rebellion would bring upon them The result of all is contained in the said Dictum de Kennelworth as I find it in Magna Charta veteri fol. 60. part 2. observe the moderation of it No man bled to death for it but in the field the bloud of warre was not shed in time of peace the King did not slay those whom he had taken with his Sword and with his Bow but reasonably fined them See the late History of the Marquesse of Montrosse what gentle use he made of his Victory after he had subdued the strength of Scotland at the Battle of Kylsythe not unto destruction though the knowne Lawes called them Traytors and put them into his power for life lands and goods they were but once punished not alwaies tormented and kept upon the rack after the late custome of our fellow Servants and Subjects who will never suffer the partition wall between us to be throwne downe England once more to become one Nation and one People and our broken bones to be againe set and knit together Dictum de Kennelvvorth None to be Dis-inherited but onely fined As namely Those 1. That began and continued in Warre 2. That held Northampton against the King 3. That fought against him at Lewis Evesham Chesterfeild 4. That were taken at Kenilworth 5. That sacked Winchster being yet unpardoned 6. That voluntarily sent against him or the Prince 7. The Officers of the Earl of Leicesters who molested their Neighbours with Rapine Fire Murder or otherwise to pay in three yeares five yeares value and half their Estates of Land If they sell it such as are by the Kings grant possessed of then to have them giving as any other c. and so if it be to be Let those who pay the whole to have all instantly and that pay halfe to have halfe If in three yeares the whole be unpaid the Land to be divided between him that owes it and him to whom the King hath given it If any have Woods by sale of which he would pay his Fine the money to be paid by two of which either side to chuse one 2. Knights and Esquires who during this Warre have enriched themselves by Rapine having no Land to pay half their goods and be bound with Sureties to the peace if no goods be quitted by Oath exceptis bannitis quibus solus Rex potest remittere 3. Lords of Wards to pay for them and be answered by their Wards when they come to age which if they accept not the Wardship to accrue to such as the King hath given the Ransome to and they to be so answered 4. The Kings Wards to remaine where they are placed and be Ransomed as others but without destruction 5. Such as were with the King before the Battle of Levvis and since are Dis-inherited His Majesty to declare his pleasure touching them 6. No man now possest of wood to fell any but onely for repaire till the last day of payment be passed and not observed 7. The King and the Popes Legate to send beyond sea for a time such as are likely to trouble the peace of the Kingdome which if it hindered the paying of their Ransome not for that to be Dis-inherited 8. Such as were grieved with this Agreement might appeale to the Kings Court before S. Hilary and such as were beyond sea to have inducias transmarinas 9. Because the King was to reward many and some had too much the King out of these Fines to provide for them 10. The Legate King and Henry d'Almain to Elect 12. who should cause these Articles to be executed and to see performed what they ordaine according to the estimates already taken or if not to have new rates taken reasonable and true 11. Tenants tha were against the King to lose their Leases but at the expiration of their time the Land to returne to the true owner 12. Forts built by the assent of the King
consummated 2. That He might when He pleased inlarge cleer the truth with the reservednesse of His meaning herein by publique Declaration Now the Treaty being powerfully carried on without Debate or receiving any Proposition from the King as was capitulated and reciprocall Proposalls are of the Essence of all Treaties this Grant could never bind Him This Grant was a meer Preambulatory Proposition not of the Essence of the Treaty Philosophers and School-men tell us Proems to Laws are condemned by many Lawyers Polititians Est nihil frigidius Lege cum Prologo jubeat lex non suadet No valid proof can be drawn out of Proems and Introductions but out of the Body of the Text. So in the Lawes of England and in all Accusations and Charges Prefaces and Preambles are not pleadable They are the last in penning of Lawes least in account nor never had the force of Lawes There 's not a syllable in this Preface which Repeales any former Law inflicting a Penalty upon such Subjects as beare or raise Armes against their KING nor those Laws which è contrario exempts from punishment all Subjects adhering to the Person of the KING in any Cause or Quarrell Whereas the said Preface saith the two Houses were necessitated to make a Warre c. This may relate to a necessity à parte post not à parte ante self-defence is the universall Law of nature extending to all Creatures it is non Scripta sed nata Lex Therefore when the two Houses or rather a schismaticall Party in them had brought upon themselves a necessity of Self-defence By raising Tumults c. His Majesty was contented to acknowledge that necessity If one Man assault anothar upon the High-way and the Assailed furiously pursue the Assailant putting him to the defensive part the Assailant is now necessitated to fight in his owne defence although he drew that necessity upon himself yet is he now excusable à posteriori not à priori And as Civilians say of clandestine Marriages Quod fieri non debuit factum valet for multa sunt quae non nisi peracta approbantur Lewis the 13. of France had many Civill Warres with his own Subjects amongst other Treaties to compose them upon the Treaty of Lodun he was enforced to publish an Edict approving of all that had been done by his Opposites as done for his service The like Extenuations are not unusuall at the close of Civill Warres and the onely use made of them was never other than to make the adverse Party more capable of pardon to secure them against the brunt of the Lawes to salve their credits and pave the way for an Act of Oblivion and restore a setled peace Peace and Warre like Water and Ice being apt to beget one another But never was use made of such Grants to ruine the King that Granted them or His Party Thus having confuted that misprision That the King by Granting that Introductory Proposition had taken all the Bloud upon His score my Author having cleered his way to his farther Inquisition after Bloud proceeds and tells you Belw Cap was the first that opened the Issue of Bloud by entering England and shewing Subjects the way of representing Petitions to the King upon their Pikes points That the Irish took their rise from him And whereas occasion was taken to calumniate His Majesty for having a foreknowledge thereof amongst many other convincing Arguments to cleer him my Lord Macquire upon the Ladder and another upon the Scaffold did freely and cleerly acquit Him And in regard great use was made of the Irish Rebellion to imbitter the People against the King the Authour winds up the causes there of upon one bottome Telling you 1. They who complied with the Scots in their first and second Insurrection 2. They who dismissed the Irish Commissioners sent to present some grievances to the Parliament with a short unpolitique harsh Answer 3. They who tooke off Straffords Head the onely Obstructor of that Rebellion and afterwards retarded the Earle of Leicesters going into Ireland 4. They who hindered part of the Disbanded Army of 8000. Men raised by the Earle of Strafford being Solders of Fortune to go serve the Spaniard as His Majesty had promised the two Spanish Ambassadours the Marquesses of Velada and Maluezzi which cashiered discontented men first put fire to the Tumult They who did all this are guilty of the Irish Rebellion and of the Bloud of above 10000 Protestants who perished in that Warre Adde They who importuned the King contrary to His judgment to make the Irish desperate by passing an Act to confiscate their Estates and grant them away to such as should advance Monies upon Irish Adventures Touching the Warre kindled in England the Authour confesseth it was a fatall thing there should be a withdrawing of the Kings Person from the Parliament But averreth it was a barbarous thing that the King with above foure parts in five of the Lords and two parts in three of the Commons should be frighted away by Tumults raised by Ven and Burges and a Designe to seize the Kings Person yet its fit it should be remembred 1. What reiterated Messages His Majesty sent offering to returne if there might be a course taken to secure His Person with those Peeres and Commons rioted away 2. That there was not the least motion towards Warre untill Hotham shut the Gates of Hull against the King attended onely with some few of His houshold Servants which Act of his was approved of afterwards by the House of Commons Vote as if he had done it by their warrant 3. That a while after there was an Army of 16000. men effective inrolled about London to fetch Him to His Parliament and remove ill Counsellours under the Earl of Essex long before the King began to set up His Standard 4. That the same Army so raised to bring the King to His Parliament was continued two yeares after to keep Him from His Parliament 5. Who interdicted Trade first and brought in Forraigne Force to help them and whose Commissions of Warre were near upon two yeares date before the Kings 6. That in all His Declarations He alwayes protested He waged not Warre against the Parliament but against some Seditious Members against whom He could not obtaine Common Iustice 7. That upon all good Successes the King still courted the Parliament and City to an Accommodation 8. That upon the Treaty of Vxbridge The King moved that to prepare mens mindes to Peace there might be freedom of Trade from Town to Town Acessation of all Acts of Hostility for the time that the inflamation being allayed the wound might be cured the sooner 9. That this present Army remember how often in their Proposalls and Declarations they protested That their aime was to restore His Majesty with Honour Freedome and Safety whereunto they were formerly bound by their Protestation and Covenant and that the two Commanders in Cbief pawn'd their Souls to Him
the King amongst them Againe they say That if the King come in to the Parliament He vvil be looked upon as the Repairer of breaches Restorer of trade peace plenty c. and if the Army should keep up as it must upon Taxes the Houses and Army vvill be looked upon as Oppressers and the jealousies and discontents of the People be increased against them and make them apt to joyne issue vvith the Kings interest and may yeild us up a sacrifice to appease the King and his Party out of these vvords and their ovvne practice I conclude for them ergo They may carry on their designe upon necessity for self-preservation against the Monarchicall Government and Lavv of the Land to murder the KING as they have since done Againe they say If the King vvere returned each Party vvould strive first and most to comply vvith Him ergo there is a necessity to subvert the Kingdome and murder the KING Behold vvhat use these covvardly Saints make of necessity and self-preservation 5. That they may appeale to their Svvord against the Authority of any their Governours in order to publique safety vvhich tvvo last conclusions set the dore vvide open to Faction and Rebellion since the People are ever floating and given to change and every turbulent ambitious Fellovv is apt to raise them into a storme against their Governours for their fabulous assertions vvherevvith these Saints usually guild over their foule actions 1. That the Houses were free vvhen they passed the 4. Votes for Non-Addresses 2. That they vvere not free vvhen they recalled them 3. That the People vvere quiet and contented untill the recalling those 4. Votes and aftervvards vvere untsetled and presented clamorous Petitions 4. That the Army did not apply themselves to the King untill he proffered Himselfe to them 5. That vvhen they made Addresses to Him it vvas but to prevent the Presbyterian Party But it appeares their ayme from the beginning vvas to suppresse the Presbyterian and advance their ovvne Party and lay by the King and domineer over Him and the Kingdome for vvhen Cromvvell had brought his Designe to perfection he said at Kingston That he vvas as fit to rule the Kingdome as Hollis 6. And then but hypocritically Sect. 65 66 68 69 70 71 72 73 74 75 88 89 97 98. All these are sufficiently confuted in my said Animadversions and in the said Plea for the King and Kingdome in Putny Projects and in my First part of the History of Independency After all this tedious stuffe aforesaid they make Propositions to the Parliament of tvvo sorts all founded upon the said live Antimonarchicall Principles The first for satisfying publique Iustice that is for the Hang man to teach the Iudges vvho they shall Sentence to execution 1. They demand the Person of the King may be brought to speedy Iustice this affront they put upon the Parliament vvhen they vvere neer conclusion of their Treaty vvith Him vvhen He had already granted more to his Subjects than ever any King condescended to The Kings Supremacy and from thence his indempnity proved this is through the sides of the King to give Monarchy the fundamentall Government and Lavves of this Land and consequently the Liberty and Property of the People their Deaths-vvond By the lavv of God nature reason and the Lavves of all Kingdomes impunity is an inseparable prerogative of Kings as they are Supreme in their Dominions See the Oathes of Allegiance Supremacy Stat of Recognition 1 Iac. Cokes Institut 5.1 Stamford's Pleas of the Crowne l. 1 ch 1 2 Stat. 25. Edvv. 3 42. E. 3. Read Mr. Pryns Memento to the unparliamentary Iunto his Speech in the House of Commons 4. Dec p. 72 73 74. 75 76 77. and my 1. part sect 106. The Conclusions sect 17. and my Animadversions p. 18. the Petition of Right 3. Caroli Declares That they had no povver to hurt the Kings Prerogative much lesse I thinke to hurt his Person the Lavves are the Kings Lavves Courts the Kings Courts Iudges his Iudges Great Seale his Seale the VVrits the Kings VVrits the Iustice and Peace of the Land are his consequently the VVars his VVarres he is the fountaine of all Authority as vvell as of all Honour Thou shalt not speake ill of the Governour of the People therefore not accuse him The King hath no Superior nor equall in England contrary to that false distinction of the Observator that he is Major singulis minor universis VVhen David vvould have gone forth to Battle his Army dissvvaded it using these reasons If vve flee they vvill not care for us neither if halfe of us die vvill they care for us But thou art vvorth ten thousand of us here you see the King is reckoned major universis more than all his Army and yet that Army vvas at that time in effect all the vvel-affected of the Land and therefore by the Anarchicall Principle aforesaid the onely people of the Land for further proofe hereof I appeale to all our Lavvs and Statutes hovv vvill they Trie him vvho shall Iudge him vvho are his Peeres that he may be Legally Tryed like a Freeborne man for sure they cannot deny him that right according to Magna Charta per legale iudicium parium suorum It is a grounded Maxime in our Lavves The King can doe no vvrong vvherefore then vvill they Trie Him for doing no vvrong The policy and civility therefore of our Lavves and of our Parliament too in all their Declarations Remonstrances so long as they continued in any state or degree of innocency alvvaies accused his Evill Counsellours and Ministers and freed Himselfe lest they gave advantages to ambitious men Absolon-like to scandalize and dishonour him and render him lovv and vilde in the eyes of the People to the disturbance of the peace of the King and Kingdoms and shaking of the Royall Throne vvhich is alvvaies accompanied vvith an earth-quake of the vvhole Land * 1. Pet. 2.13 Here the King is called Supreme not the People and though said to be an ordinance of man in some respects yet S. Paul Rom 13. saith He is ordain'd of God 2. Governours are distinguished the King is Supreme and Governors are sent by him his Comâ—ission Besides it appears Gen. 3.16 4.7 God gave not to all men that freedome which is supposed the foundation of supremacy in the people He made them not masters of their own liberty for even then he laid the foundations of obedience in Abel to Cain Eve to Adam If a people chuse a King it is the act of every particular man of vvhom the Commonalty consists and each individuall nor the whole Commonalty can give him more power then himselfe hath But no man hath power over his owne life neither arbitrarily nor judicially but onely over his liberty which he may so give away as to make himselfe a subject or a slave this makes him so chosen a Ruler or Protector of them who have parted with
and fundamentall Government of the Kingdome be elected chosen or put into the Office of the Lord Major of the City of London Sheriffe Alderman Deputy of a VVard or Common-Councel-man of the said City or shall have any voice in the election of any such Officers for the space of one vvhole yeare and be uncapable of any of the said Places yet novv these petty Fellovves keepe the vvhole City in avve 39. Yet this Agreement since inserted into the Remonstrance of the Army owned by the Generall and Councell of VVarre and Nov. 20. 1648. obtruded upon the House These multiplied Votes and Ordinance laid this Agreement of the People asleep untill the beginning of November 1648. vvhen to hinder the peace of this Kingdome and reliefe of Ireland the Iesuits and Agitators prosecuted it againe in the Army and inserted it againe verbatim in the Remonstrance of the Army Novemb 20. 1648. to breake off the Treaty with the King bring him to capitall punishment and cast the odium of all upon the Parliament And the Generall and his Councell of Officers though they had formerly shot a Souldier to death for prosecuting it unanimously approved it at Saint Albons November 16. 1648. and obtruded it upon the House the 20. Novemb. and vvhen they found the House so resolute in the Treaty as to proceed they first seized the Person of the King and carried Him to Hurst-Castle as aforesaid and vvhen the House at last closed up the Treaty vvith this Vote That the Kings Answers to the Propositions of both Houses were a ground for the Houses to proceed upon towards a setlement 40. VVhy they purged the House They seized upon 41. Members of Parliament secured them and villanously treated them secluded above 160. and frighted avvay at least 40. or 50. more leaving onely their ovvne Somerset-house Iunto of 40. or 50. thriving Members sitting to Vnvote in a thin House under a force vvhat had been voted in a full and free House To vote dovvne the Kingly Office and House of Peers to vote the Supreme Authority to be in the People and in the House of Commons as their Representative clean contrary to their three last recited Votes To bring the King to capitall punishment before a nevv invented illegall mixed Court consisting of engaged Persons erected for that purpose that hath neither foundation by prescription nor Lavv and to erect a Councell or Committee of States out of their number in the nature of Lords States Generall or Hogen Mogens vvith an unknovvn and therefore unlimited Authority to continue in being after the dissolution of this Parliament So farevvel Kings Lords and Commons Religion Lavves and Liberties and all Votes Declarations Remonstrances Protestation and Covenant made heretofore only to gull the People and carry on their designe About 19. 41. Diverse Lords doe homage to the Generall and wave their honours Decemb. divers Lords vvent to doe homage to the Generall to expresse their good affections to him and their concurrence vvith him for the common good and their readinesse to vvave their priviledges and Titles if they shall be found burdensome to the liberty of the People and had a gracious nod for their paines About this time the Lords Commons passed an Ordinance for electing Common-Councel-men and Officers in London for the yeare following to this effect 42. An Ordinance to curb the City in electing Officers That no Person that hath been imprisoned or sequestred rightfully or vvrongfully or hath assisted the King against the Parliament in the first or second VVarre or hath been aiding or assisting in bringing the Scots Army to invade this Kingdome or did subscribe or abett the treasonable Engagement 1647. or that did ayde assist or abett the late Tumult vvithin the Cities of London and VVestminster or the Counties of Kent Essex Middlesex or Surrey shall he elected chosen or put into the Office or Place of Lord Mayor of London Alderman Aldermans Deputy Common Councel-man or into any office or place of trust vvithin the City for the yeare ensuing or be capable to give his voice for chusing any Person to any the Offices aforesaid And that if any Persons comprehended under the aforesaid exceptions being chosen shall presume to sit in the Court of Aldermen Common-Councell 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 vvas ordered to be brougth in you see to endeavour peace and setlement is accounted by these Saints militant a sufficient crime to forfeit a mans Brith-right 43. The Members subscribe Iohn Gourdons Protestation sect 29. I formerly told you of Iohn Gourdons motion That all Members might subscribe a Protestation against the Votes for a Treaty with the King in the Isle of VVight and especially against the Vote 5. Decemb. 1648. vvhich declareth That His Majesties Answers to the Propositions of both Houses were a ground for the two Houses to proceed to a setlement and untill such dissent or disapprovall to forbeare the House This vvas done in obedience to the demands of the Army in their Remonstrance presented 20. Sect. 23. Novemb. 1648. And although it be so clearly against the Orders and Priviledges of Parliament that divers Members formerly and some this Parliament have been suspended the House and committed to the Tovver for offering it because it tends to breed factions and divisions in the House and Tumults vvithout dores yet every request from an Armed man is a Command and must be obeyed The List of the Names of these nevv Protestants follovveth and it is hoped they vvill in time give better Reasons then the power of the Swoâ—d for it 20. December 1648. subscribed The Lord Lâ—ste Col. Boswell Io Gourdon Lord Gray Peregrine Pelham Col. Iones Col. Temple Col. Ven Sir Tho Malevourer Sir Thomas VVrotâ—e Sir Io Bourcher Col. Peter Temple Humphry E wards vvho vvaited on the King to the House vvhen he demanded the 5 Members and his Election is adjudged void by a Committee Mr Tho Challoner Sir Gregory Norton
protect the 11. impeached Members from justice and with them to raise a new Warre To this we say See my 1. part sect 16.17,18 my said Animadversions pag. 2. neither vvere they legally impeached See Ardua regnâ— or tvvelve arduous doubts vvriten in defence of the expulsed Memb the said Members Ans to the Armies Charge we gave them no other protection than the Laws allowed them For the mispending 200000l designed for Ireland we say that 80000l thereof was paid to Nicholas Loâ—tus and others for service of Ireland and above 50000l to the Treasurers at Warre for the Army which may more reasonably be said to be mis-imployed because the Army had an established pay another way than what the Reformado Officers and Souldiers who obeyed the Orders of the House for Disbanding received who neverthelesse pressed upon the House the more earnestly for their Arreares after the Declarations and Remonstrances published by the Army for paying the Arreares of all the Souldiers of England 4. Their countenancing abetting There vvas a close Inquisition of Godly Cut-throats purposely chose to examine this Tumult vvhich proceeded illegally used so much foule play as to accuse men upon characters of their clothes persons yet malice it selfe could find nothing See my 1. part sect 45 46. to sect 54. Return to sect 2. 5. and partaking with the Tumult of Apprentices and others against both Houses of Parliament To this we say that we wonder they should urge the force offered to the House then which they declared horrid and treasonable to justifie the violence acted upon the House by themselves of a much higher nature This is a meer fiction of the Pen-mans which we doe every one of us for ourselves respectively deny 5. The holding correspondency ingaging and assisting the tumultuous Petitioners last Spring the rebellious Insurrections in Kent the Revolted Ships Prince of Wales with the Scots Army We doe every one of us for our selves respectively deny these 6. That when the Army was dispensed and engaged in severall parts c. and many faithfull Members employed abroad upon publique services and others through Malignant Tumults about this City could not with safety attend the House Then the corrupt and Apostating Party taking advantage of these distractions which themselves had caused First recalled in those Members c. Then they recalled those Votes for Non-Addresses and voted a Personall Treaty To this we say that if the proceedings of the Treaty were surreptitiously gotten in a thin House why do they then complain in other parts of their Paper that the majority of the House is corrupt Return to sect 2. 5. there see the true grounds of these Tumults See vvhat use they make of providence in the 2. part of Englands nevv Chaines and formed to serve the Kings corrupt Interest why did they force from the House above 200. Members at once the Counties never expressed so high contempt of the Parliament untill the like had been first done by the Armies quartering upoÌ„ them And now let us come to that Vote of the House 5. Dec. 1648. That the Kings Answer to the Propositions of both Houses are a ground to proceed upon to a setlement of Peace of which they say That though they advanced hither to attend providence for opening some way to avoid the present evils designed and introduce the desired good into the Kingdome yet they said nor acted nothing in relation to the Parliament nor any Member thereof untill by the Vote passed Decemb. 5. they found the corrupt majority so resolvedly bent to compleat their Designe in bringing in the King Doe they call their threatning Declaration Remonstrance a saying nothing and their marching up against the House contrary to the Order of the House a doing nothing in relation to the Parliament But by these words it appeares that this Vote 5. Decemb. is the very point of that necessity they now relie upon to justifie their force upon the House For before that passed they say They acted nothing c. we must now state the difference between the Houses Propositions See Mr. Pryn's said Speech in the House â— Decemb. 1648 more at large and the Kings Answers and see whether the King did not grant all those Propositions in which te maine security of the Kingdome resteth He granted the first Proposition for taking off all Declarations as was desired And the third Proposition for the Militia as was desired He assented to the Proposition for Ireland limiting the time of the Parliaments disposing Officers there to 20. yeares He consented to such Acts for publique Debts and Publique Vses as should be presented within 2. yeares and incurred within that time Hee granted the Proposition concerning Peeres as was desired Hee granted the Disposing Offices in England to the Parliament for 20. yeares He granted the taking away the Court of Wards having 100000 l. per ann in lieu thereof to be raised as the Parliament should thinke fit Hee granted to Declare against the Marquesse of Ormond's power and proceedings after an Agreement with the Parliament The onely difference therefore remained upon two Propositions 1. Delinquents 2. The Church For Delinquents though He doth not grant all His Majesty consented they shall submit to moderate Compositions according to such proportions as they and the two Houses shall agree 2. He disableth them to beare Offices of Publique Trust and removes then from the Kings Queens and Princes Court 3. For such as the Houses propounded to proceed capitally against He leaves them to a Legall Tryall and Declares He will not interpose to hinder it which satisfies the maine complaint of the Parliament which was in the beginning of the Warre That the King protected Delinquents from justice And all that the House desired in the Propositions presented to Him at Oxford Febr. 1642. was That His Majesty would leave Deliquents to a Legall Tryall and Iudgement of Parliament But that His Majesty should joyne in an Act for taking away the Lives or Estates of any that have adhered to Him He truly professeth He cannot with Iustice and Honour agree thereto 4. Nor doe we see how Delinquents being left to the Law can escape justice the King having granted the 1. proemiall Proposition so by a Law acknowledged the Parliaments Cause and Warre to be just For the Church The Houses propound the utter abolishing of Archbishops Bishops c. The Sale of their Lands that Reformation of Religion be setled by Act of Parliament as both Houses have or shall agree The Kings Answer takes away Church-Government be Archbishops Bishops c. by taking away their Courts and Officers and so farre takes away their power of Ordination that it can never be revived againe but by Act of Parliament so that Episcopacy is divested of any actuall being by the Law of the Land instead thereof the Presbyterian Government setled for three yeares by a Lawâ— which is for so long a time as
the Houses formerly in their Ordinances presented to Him at New-castle did themselves thinke fit to settle it For the Sale of Bishops Lands upoÌ„ the Publique Faith we say Every cheating Saint of the Faction must have the Publique Faith exactly kept though he bought the Lands but at 2. or 3. yeares just value and vvith such monies as he thad formerly cheated the State off vvhen other men vvho have lost the best part of their Estates by and for the Parliament for compensation vvhereof they have the Publique Faith engaged by Ordinances are consumed by Taxes and repayed vvith reproaches onely That although the Purchagers might well have afforded to have given the same rates for their purchases which they now give if they might have had them assured by Act of Parliament for 99. yeares and such moderate Rents reserved as the King intimates in his Answer yet in His Answer He expresseth a farther satisfaction to be given them upon which we should have insisted notwithstanding the said Vote 5. Decemb. 1648. We farther alleage That the King having granted the rest of the Propositions and so much in these 2. Delinquents and the Church the Nationall Covenant doth not oblige us to make Warre upon this point nothing can make Presbytery nor the Purchasers of Bishops Lands more ordious nor endanger them more than to make them the sole obstacle of peace nor could any thing more worke the King to comply with our desires herein than for us to draw a little neerer Him The Considerations leading us to passe the said Vote 5. Dec. 1648. come next to be considered 1. The saving of Ireland 2. The Regaining the Revolted Navy and freedome of the Seas 3. The support of the Auncient Government of the Kingdome 4. The putting the people into a secure possession of their Laws and Liberties 5. The avoiding such evill consequences as were apparently to follow a Breach with the King Returne to sect 71. As 1. the Deposing the King if not the depriving Him of life whereupon flouds of misery will follow and schandall to the Protestant Religion which we from our hearts detest abhorre see the many Declarations of Parliament against it 2. The necessitating of the Prince to cast himselfe into the Armes of forreigne Popish Princes embrace Popish Allyances for his succour 3. It may beget a change of Government and a laying aside of Monarchy here and so a Breach with Scotland and this Kingdome being the more rich likely to be the Seate of the Warre 4. The vast Debts of this Kingdome upon the Publique Faith will never be paid in Warre but increased and multiplied multitudes of Sufferers by and for the Parliament like to be repayed onely with new sufferings every years Warre destroies more Families and makes more Malignants through discontenting pressures untill at last the Souldier seeing no hope of pay the People no hope of peace and case fall together into a generall and desperate tumultuousnesse the power of the Sword apparently thereatning a dissolution of Governement both in Church and Common-wealth To that scandalous Objection which saith The corrupt majority will not lend an eare to admit a thought towards the laying downe their owne power or rendring it back to the People from whom they received it We say this Objection is unreasonable from men who endeavour to perpetuate an Army upon the Kingdome nor is the continuance of this Parliament singly objected but that they will not render it back to the People viz To a new Representative invented and made by the Army that is We will not render our power into the hands of the Army Another Objection is That watsoever the King granted He might plead Force to breake it and spoyle us by policy This Objection might have been made against all our Treaties If there be any Force it is from the Army for spoyling us by policy The Kings of this Land could never encroach upon our good Lawes but by corrupt Iudges and Ministers who though they could not abrogate the Law made it speake against it selfe and the intended good of the People or else by the power of Courtiers stopping the course of justice at the Councell Table and in other Arbitrary Courts both which are taken away by the Kings Concessions 1. That the Nomination of Iudges and Officers be in the Parliament 2. That the King make no new Parliament Lords for the future to Vote there Another Objection is That they had intelligence that had they been suffered to meet all in the House once more For this you must take the faith of the mysty brayned Pen-man vvho had this as vvel as many other grosse Lies by Revelation The Army had had the King in their povver and had the Parliament adjourned the sole povver of the Kingdom had been left in the Army vvhich is a thing aymed at by them it was designed to have passed some higher resolutions to lay farther foundations of a new quarrell so as to carry therein the name and countenance of Parliamentary Authority together with the Kings upon an acceptable pretence of Peace to draw men in and then to have adjourned the Parliament for a long time excluding all remedy in this case but by another Warre To this we say the House immediatly upon passing the Vote 5. Decemb. Sent a Committee to the Generall to conferre with him and his Officers and keep a good correspondency with them To which the Generall promised his readinesse howsoever it was hindred afterwards And then they seized upon one of the Commissioners appointed to Treat affronted another and left no way free for a Conference which shewes they were resolved to doe what they had designed The last Obj. is That those Members that are yet detained in Custody are either such as have been formerly Impeached and in part judged by the House for Treason and other Crimes and never acquitted and against whom they can and very shortly will produce new matter of no lâ—sse crime or else such who have appeared most active and united in Councels with them against whom also they are preparing and shall shortly give matter of particular Impeachment To this we say that when it appeares what those crimes are and what persons are charged with them we doubt not but they will sufficiently acquit themselves if things may be Legally carried in a judiciall way by competent Judges not preingaged In the meane time we conclude That Souldiers whose advantages arise by Warre are not fit to judge of the Peace of the Nation 74. A DeclaratioÌ„ by Mr. VValker and Mr. Pryn. The 19. Ian. 1648. Mr. Pryn and Mr. Walker two of the secured Members published in print their Declaration and Protestation against the Actings and proceedings of the Army and their Faction now remaining in the House of Commons as followeth A Declaration and Protestation of Will Pryn and Clem Walker Esquires Members of the House of Commons Against the present Actings and Proceedings of the
most infamous perfid ous and dishonourable Nation under Heaven both to the present and all succeeding Ages which must needs make the Contrivers and Abetters thereof the most detestable Traytors and publique Enemies to their King and native Country that ever this Realme brought forth in any Age. Repent therefore of these your treasons and amend your lives if you expect the least hope of pardon from God or Man and expiate all your former high misdemeanors by engaging all your power and endeavours to settle all things in Church and State according to your primitive engagements instead of accumulating one sin and Treason to another which will prove your certaine ruine in conclusion 110. Six propositions of undoubted verity Another Paper not your safety About the same time and it is thought from the same Author came forth a Paper bearing the Title of ⧠Six Propositions of undoubted verity fit to be considered in our present exigency by all loyall Subjects and conscientious Christians Every act of Parliament relateth to the first day of the same Parliam but it cannot be that any Act passed in the Reigne of King Charles the second should relate to the first day of this Parliament which happened in the sixteenth yeare of Charles the First ergo this Parliament is determined by the death of King Charles the first 1. THat this Parliament is ipso facto Dissolved by the King's death He being the Head Beginning and End of the Parliament called onely by his Writ to Confer with Him as His Parliament and Councell about urgent affaires concerning Him and His Kingdome and so was it resolved in 1. Hen. 4. Rot. Parl. n. 1. 14 H. 4. Coke 4. Instit p. 46. 4 C. 4. f. 44. b. 2. That immediately upon this Parliaments dissolution by the Kings death all Commissions granted by the King or by one or both Houses to the Generall or Officers of the Army the Commissioners of the Great Seale of England Iudges of the Kings Courts Iustices of Peace Sheriffs Excise-men Customers and the like with all Committees and Ordinances of one or both Houses made this Parliament did actually determine expire and become meerly void in Law to all intents and purposes and cannot be Continued as good and valid by any Power whatsoever 3. That instantly after the Kings decease the Imperiall Crowne of this Realme of England and of the Kingdoms Dominions and Rights thereunto belonging was by inherent Birth-right and Lawfull undoubted succession and descent actually vested in the most Jllustrious Charles Prince of VVales being next lineall Heire of the bloud Royall to his Father King CHARLES and that He is actuall KING thereof before any Ceremony of Coronation as is resolved in full Parliament by the Statute of 1. Iacobi ch 1. and by all the Iudges of England since Coke 7. Report f. 10 11. in Calvins Case Whose Royall Person and Title to the Crowne all loyall Subjects are bound by their Oaths of Supremacy Allegiance and Solemne League and Covenant with their Estates Lives and last drop of their bloods to maintaine against all Opposers 4. That all Peers of the Realme Mayors Sheriffs chief Officers of Cities and Corporations in this Kingdome are obliged by their Places and Allegiance without any delayes or excuses to declare and proclaime Prince Charles to be rightfull King of England and of all Kingdomes and Rights thereunto belonging notwithstanding any illegall prohibitions or menaces to the contrary by any usurped Power whatsoever under paine of being guilty of High Treason and forfeiting their City and Corporation Charters in case of supine neglect or refusall thereof through faire terror or any sinister respect 5. That till King Charles be setled in his Throne or give other Order the present Government of the Kingdome is legally vested onely in the Lords and Peers of the Realme being by Inheritance Custome and Law in such case the Kings and Kingdoms great Councell to whose lawfull Commands all other Subjects ought to yeeld ready Obedience 6. That every professed actuall endeavour by force or otherwise to alter the fundamentall Monarchicall Government Laws and legall Style and proceedings of this Realm and to introduce any new Government or Arbitrary proceedings contrary thereunto is no lesse than High Treason and so declared resolved by the last Parliamt in the Cases of Strafford and Canterbury the losse of whose Heads yet fresh in memory should deterre all others from pursuing their pernitious courses and out-stripping them therein they being as great potent and as farre out of the reach of danger and justice in humane probability as any of our present Grandees 111. A New Stamp for Coyne That no Act of Rebellion and Treason might be unattempted by this Conventicle no part of the Regalities of the King or Peoples Liberties unviolated they considered of a New Stamp to be given to all Coyne for the future of this Nation 112. Instructions for the Councel of State 13. Febr. They considered of Instructions and Power to be given by way of Commission to the said Committee or Councel of State 1. For the Government of the two Nations of England Ireland appointing a Committee to bring in the Names of these Hogens Mogens and to perfect their Instructions for 1 Ordering the Militia 2 Governing the People they were wont to be Governed by knowne Lawes not by Arbitrary Instructions and by one King not by forty Tyrants most of them base Mechanicks whose education never taught them to aspire to more knowledge than the Office of a Constable 3 Setling of Trade most of them have driven a rich Trade in the worke of Reformation for themselves 4 Execution of Lawes this was wont to be done by legall sworne Iudges Iuries and Officers 113. Powers given to the Councel of State 14. Febr. The Committee reported to the House the Names of the Committee of State or Lords States Generall Also the Power they were to have viz 1. Power to command and settle the Militia of England and Ireland 2. Power to set forth Ships and such a considerable Navy as they should think fit 3. Power to appoint Magazines and Stores for the Kingdoms of England and Ireland and dispose of them from time to time for the service of both Nations as they shal think fit 4. Power to sit and execute the severall powers given for the space of one whole yeare with many other powers not yet revealed and daily increased besides what improvements of Power they are able to make hereafter having the Militia of an Army that formidable Hob-goblin at their Command They have two Seales appointed a Great Seale and a Signet Patents for Sheriffs and Commissions for Justices and Oathes for both were reformed according to the Godly cut VVhen the Committee of State vvas nominated in the House 114. An expurgatory Oath put upon the Councell of State scrupled by some of the Members and moderated by Cromvvell in opposition of the Levellers divers
It will not be charged upon the remaining party or to have been within their power to prevent it or repaire it to this I reply that it is doubted the remaining party being the Army party contrived it in their Iunto at Somerset-house for p. 23. it is acknovvledged they called and appointed the Army for their Guard vvhich vvas not openly done by a full House it must be therefore secretly done by a party See many Reasons for this conjecture before § 24. Farther they say That the safety of the Kingdome ought to be preferred before priviledge of Parliament and that if their House had declined their duty viz by not Acting they had resigned up all to ruine and confusion from vvhence should this ruine and confusion come but from their ovvne Army vvhich they perpetuate to eate up the Kingdome and continue their ovvne power and profit and I vvonder they did not use the same moderation after that childish Tumult of Apprentices but Declared all Acts c. passed from 26 Iuly vvhich day the Tumult began and ended to the 6. August null and void And endeavoured to make the very sitting of the Members and the Citizens obeying to the said Orders though no Iudges of the force Treasonable they deny they sit novv under a force the Army being their best friends called by them for their safety Indeed it is generally thought the Army and this remnant of the House of Commons are as good Friends and Brethren as Simeon and Levi Pilate Herod vvere and vvere called to secure the Members purge the House yet if the remaining party should Vote contrary to the Dictates of the Councell of VVar Quaere 2 Part of Englands New Chaines and the Hunting the Foxes c. VVhether they vvill not be used as uncivilly as the secured Members nay vvorse by being called to account for cousening the State p. 24. They say There is a cleer consistency of our Lawes with the present Government of a Republique I desire to knovv vvho by our Lavv can call or hold a Parliament but the KING vvho is Principium Caput Finis Parlamenti vvho is the fountaine of Iustice Honour Peace vvhen vve have no King vvho is Conservator of the Lavves and Protector of the People vvhere is the Supreme Authority to Vote it in their ovvne case to be in a Representative of 50 or 60 Commons vvithout legall proofs or precedents is to lead Mens reason captive as vvell as their Persons and Estates to impose an implicite faith upon Man not to use discourse and reason against their Votes is to take Man out of Man to deny him his definition Animal rationale to vvhom doth the Subject ovve Allegiance and vvhere is the Majesty of England vvhen there is no King for all Treason is Crimen laesae majestatis contra debitam ligeanciam Therefore vvhere by the knovvn Lavvs no Allegiance is there is no Treason Lastly if our present Lavvs be so consistent vvith the Republique I desire to knovv vvhy they did not Trie the 4 Lords legally at the Common Lavv by their Peeres and Sir Iohn Owen by a Iury of 12 Men of the Neighbourhood according to Magna Charta and other good Lavvs but vvere faine to put a Legislative Trick upon them and erect such a Court for the Triall of them as vvas never heard of in England before nor hath no place in our Government They conclude p. 26. That as they have not intermedled with the assaires and Government of other States so they hope none will intermeddle with them This assertion is as true as the rest it being vvell knovvne that for about 3 years last pass'd they have boasted That they have many Agents in France vvho under colour of Merchandise vent Antimonarchicall Anarchicall Tenents and sovv seeds of Popular Liberty amongst the poore Peasants and Hugonots of France vvhich they brag prospered vvell there their very declared principles and doctrine of ther Pulpilts and Army are That they must break the Powers of the Earth in pieces Monarchy must dovvn all the vvorld over first in England then this Army must put over and manumit the Peasants of France the Boors of Germany c. And divers of this Party have reported that they have supplied the Revolters of France with money their Licenced Nevvs-books are full of this Doctrine and of many invectives against the Tyranny of the French King 134. Harry Martin's Iudgement of the King and Kingly Government Such vvere their proceedings against the King or rather against Kingly Government vvhich vvas cut off by the same Axe that murthered the King and vvas indeed first in their intention though last in execution as appeareth by Harry Martin's Speech in the House upon the Debate VVhether a King or no King That if they must have a King he had rather have had the last than any Gentleman in England he found no fault in His Person but in His Office 135. The Councell of Officers endeavour to joyn Interests with the Papists in England Ireland The KING had offended the Papists in the last Treaty by granting so much to the Parliament for their suppression The Independents perceiving it and vvilling to joyne vvith any Interest to make good their Designe It vvas proposed at the Councell of Officers That the Papists should raise and pay about 10000. Additionall Forces for this Army in recompence whereof all penall Lawes concerning them should be repealed all Taxes and Contributions taken off and they to have the protection of this Parliament and Army Vnder the same notion they endeavoured to joyne Interests vvith Owen Roe Oneale Ovven Roe Oneale that commanded the bloudy Party of massacring Irish vvith vvhich they had formerly taxed the King they supplied him vvith Ammunition and admitted O Realy The Popes Nuntio the Popes Irish Nuntio to a Treaty here in England Sir Iohn VVynter vvas taken into imployment and the Arrears of his Rents gathered for him by Souldiers to the regret of the Countrey Sir Kenelme Digby had a Passe to come into England and came as vvas foretold by a Letter from an Independent Ag nt for the Army from Paris to an Independent Member of the House of Commons a Creature of the Army bearing Date 28. Nov. 1648. and printed at the latter end of The True and full Relation of the Officers Armies forcible seizing of divers eminent Members c. VValter Moungue let forth upon Bayle vvhat becomes of this Negotiation and vvhether those that have played fast and loose vvith all Interests in the Kingdome have not done the like vvith the Papists I cannot yet learne This VVinter 136. Scarcity of Coals how ocasioned and why Coales as vvell as other things had been at excessive rates in the City vvhereby many poor perished vvith cold and hunger vvhat the reason thereof vvas besides unreasonable Taxes Excise and Souldiers quartering in and neer the City vvas diversly disputed most Men imputed the blame to
18. 1 Hen. 7. 12. 13. Plowdens Commis fol. 369. Cookes 4. Institutes pag. 329. 330. Now the intent of the Makers of this Act was not to prevent the Parliaments dissolution by the Kings Death no wayes intimated in any Clause thereof although it be a cleer dissolution of it to all intents not provided for by this Act but by any Writ or Proclamation of the Kings by his Regall Power without the consent of both Houses which I shall prove by the Arguments following 1. From the principall occasion of making the said Act. The Commons in their Remonstrance 15. Decemb. 1642. complaine That the King had dissolved all former Parliaments against approbation of both Houses of Parliament wherefore to prevent the Dissolution Prorogation or Adjournment of this present Parl. by the Kings Regall Power after the Scots Army should be disbanded and before the things mentioned in the Preamble could be effected was the ground and occasion of this Law and not any fear of Dissolving the Parliament by the Kings death Naturall or Violent which is confessed by the Commons in the said Remonstrance Exact Collect. pag. 5. 6. 14 17. compared together where they Affirme The abrupt dissolution of this Parliament is prevented by another Bill c. In the Bill for continuance of this Parliament there seemes to be some restraint of the Royall power in Dissolving of Parliament not to take it out of the Crown but to suspend the execution of it for this time and occasion onely which was so necessary for the Kings own Security and the Publique Peace that without it we could not have undertaken any of those great Charges but must have left both Armies to disorder and confusion c. 2. The very Title of this Act an Act to prevent inconveniencies which may happen by the untimely Adjourning Proroguing or Dissolution of this present Parliament intimates as much compared with the body of it which provides as well against the Adjourning or Proroguing without an Act as against a Dissolution Now the Parliament cannot be said to be Adjourned or Prorogued untimely by the Kings Death which never Adjourned or Prorogued any Parliament but onely by his Proclamation Writ or Royall Command to the Houses or their Speaker executed during his life time See Parl. Rols 6. Edw 3. 2. Rot. Parl. 3. 6. 5. Ric. 2. n. 64 65. 11. Ric. 2 nu 14 16 20. S Hen. 4. nu 2. 7. 27 Hen. 6. nu 12. 28 Hen. 6. nu 8. 9. 11. 29. Hen. 6. nu 10. 11. 31 Hen. 6. nu 22 30 49. and Cooke 4. Instit p. 25. Dyer fol. 203. 3. The Prologue of the Act implies as much whereas great summes of Money must of necessity be speedily advanced for relief of His Majesties Army not his Heire or Successour and for supplying other His Majesties not his Heires nor Successours occasions which cannot be so timely effected as is requisite without credit for raising the said Monies which Credit cannot be attained untill such Obstacles be first remoued as are occasioned by Fears and Jealousies That this Parliament may be Adjourned Prorogued or Dissolved before Iustice shall be duly executed upon Delinquents then in being as Strafford Canterbury not since made Publique Grievances then complained of as Star-chamber High-commission Ship-money Knight-hood Money Tonnage and Poundage c. redressed Peace concluded between the two Nations sufficient provisions made for repayment of the said Monies not others since so to be raised All which expressions related only to His late Majesty as to His Acts of Royall Power not to His Heires and Successours after His Naturall much lesse Violent death which was not then thought on but publickly Detested and Protested against no Man being so hardy as to mention it for fear of the Law not then subdued by the Sword And the severall Principall Scopes of this Act are fully satisfied long before the late Kings Death 4. It is cleer by the Body of this Act And be it declared c. That this present Parliament c. Shall not be dissolved unlesse it be by Act of Parliament to be passed for that purpose nor shall at any time or times during this present Parliament be Adjourned or Prorogued unlesse it be by Act of Parliament to be passed for that purpose and that the House of Peeres shall not at any time or times during this present Parliament be Adjourned unlesse it be by themselves or by their owne 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 Royall Power 2. That the King was the Principall 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 Royall 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. 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 lesse was it their intent to pack a Parliament of 40. or 50. Commons onely selected by Colonell Pride to Vote according to the Dictates of a Councell of Warre after they had destroyed the King and House of Peeres 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 the 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 constitute themselves their Heires and Successours a Perpetuall Parliament It is against the nature and essence of a Parl. to be Perpetuall and against the Liberty of the People which would Crosse and Repeal the Act for a Tryenniall 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 voide 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 Naturall Death Natural Death is the Act of God which these Saints cannot make voide 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 Bloud shed 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 downe by the Commons gave no consent the passing this Act Entituled An Act of the House of Commons who without the concurring Assent of the Lords and the Kings Royall 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 Trienniall Parliament and this very Act against Dissolving Proroguing c. with all our Printed Statutes Parliament Rolls and Law-Bookes The Commons being so farre from claiming the sole Legislative Power heretofore as that they were not Summoned to our Ancient Parliaments which consisted onely of King Lords Temporall and Spirituall untill 45 Hen. 3. nor had they so much as a House of Commons or Speaker untill the Reigne of Edw. 3. nor never tendred any Acts or Bills to the King but Petitions onely of Grievances untill 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 Hen. 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 power 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 the 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 acting the Wills of the Councell of Officers to the subversion of Parliaments and the great wrong of those Counties and Burroughs for which 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 passe Lawes or matters of greatest moment Modus tenendi Parl. Cookes 4. Instit pag. 1. 2. 26. 35. 36. Cromptons Iurisd of Couts fol. 1. 39 Edw. 3. 7. Brook Parl. 27. 1. Iac. c. 1. 2. 40 Members make not a House when the rest are Excluded by force without Dores and fraud of their Fellow-members within Dores on purpose that being the Major number they may not over-vote them The Commons not having power to expell any of their Members without consent of King and Lords in whom onely the Iudiciall power 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 Iudgement from serving amongst the Commons because a Peer of the Realm The practice for Members to Expell 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 then would Summon 40. or 50. Commons it were no House Added by the Abridger So M. Pryn concludes That if he should voluntarily submit to pay this Tax by virtue of the said pretended Act of Parliament Dated 7. Aprill 1649. made by those now sitting some of whose Elections have been Voted void others of them Elected by new Illegall Writs under a new kind 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 Peeres of the Realm as was adjudged in the Lord Camoyes case Claus Dors 7 Rich. 2. M. 32. and asserted by Mr. Seldens Titles of Honour Part 2. chap. 5. pag. 735. Seconded by Cookes 4. Instit pag. 1. 4. 5. 46. 47. 49. As he should admit those to be lawfull Members so he should assent to ex post facto some particulars against his Knowledge and against the Oathes of Allegeance Supremacy Protestation Solemn League and Covenant taken in the presence of God with a sincere heart and reall intention to performe the same and persevere therein all the dayes of his life without suffering himself directly or indirectly by whatsoever Combination Perswasion or Terrour to be withdrawn therefrom As for example he should thereby acknowledge contrary to his knowledge and the said Oathes and Covenant 1. That there may be and now is a lawfull Parliament of England actually in being and legally continuing after the Kings Death consisting onely of a few late Members of the Commons House without either King Lords or most of their fellow Members 2. That this Parliament sitting under a force and so unduly Constituted and packed by power of an Army combining with them hath just and lawfull Authority 1. To Violate the Priviledges Rights Freedomes Customes and alter the Constitution of our Parliaments themselves 2. To Imprison Seclude and Expell most of their fellow Members the farre Major part of the House for Voting according to their Consciencies in favour of Peace and settlement of the Common-wealth 3. To Repeal all Votes Ordinances and Acts of Parliament they please 4. To Erect new Arbitrary Courts of Warre and Iustice 5. To Arraign Condemne and Execute the King himself with the Peeres and Commons of this Realm by a new kind of Martiall Law contrary to Magna Charta The Petition of Right 3. Car. and the known Lawes of the Land 6. To Dis-inherit the Kings Posterity of the Crown 7. To éxtirpate Monarchy and the whole House of Peers 8. To Change and Subvert the Ancient Government Seales Lawes Writs Legall proceedings Courts and Coyne of the Kingdome 9. To Sell and Dispose of all the Lands Revenues Iewels Goods of the Crowne with the Lands of Deans and Chapters for their own advantage not the easing of the People from Taxes 10. To absolve themselves by a Papall kind of Power and all the Subjects of England and Ireland from all the Oaths and Engagements they have made to the Kings Majesty His Heires and Successours yea from the very Oath of Allegeance notwithstanding this expresse Clause in it fit to be laid to Heart by all Conscientious Christians I doe believe and in Conscience am resolved That neither the Pope nor any Person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledge by good and full Authority to be lawfully
after his Royall assent might have made themselves Masters of all the other Propositions vvithout his Consent so that this Treaty vvas but a flourish to dazle the eyes of the vvorld His Majesty therefore denied the 4. said Bills and thereby preserved the legall Interests of King Parliament People yet the Faction presently tooke a pretence and occasion thereupon to lay aside the King Ibidem sect 65 66 68 69 70 71 72 74 75. And my said Animadvers p. 10. And the 2 part of Englands new Ch by passing 4. Votes for no more Addresses to him and a Declaration against him vvhich vvere not passed vvithout many threats and more shevv of force then stood vvith the nature of a free Parliament the Army lying neere the Tovvne to back their Party the designe having been layd before hand betvveen Sir Henry Vane Iunior Sir Iohn â—velyn of VVilts Nath â—â—â—nnes Solicitor Saint Iohns and a select Committee of the Army I told you before the People had been throughly instructed formerly by the Army and their Agitators 2. part of England's new Ch discovered p. 4 5. That there could be no peace nor happinesse in England vvithout restoring the King to his just Rights and Prerogatives c. notvvithstanding vvhich the People novv found their hopes that vvay deluded by the Army and their Party vvho had cast off the King upon private discontents the true grounds vvhereof did not appeare and had obstructed all vvayes to Peace and Accommodation and made them dangerous and destructive to such as travailed peaceably in them vvitnesse the sad example of the Surrey-men Kent Essex and all to perpetuate their great Places of povver and profit The minds of the People therefore troubled vvith apprehension that our old Lavves and laudable forme of Government should be subverted and nevv obtruded by the povver of the Svvord sutable to the lusts and Intrests of these ambitious covetous Men and finding besides evident symptomes of a nevv VVarre approaching to consume that small Remainder vvhich the last VVarres had left grevv so impatient of vvhat they feared for the future and felt at present insupportable Taxes Free-quarter insolency of Souldiers Martiall Lavv Arbitrary Government by Committees and by Ordinances of Parliament changed and executed at the vvill and pleasure of the Grandees in stead of our setled and vvell approved Lavves that despaire thrust them head long into Armes in VVales Kent Essex Pontefract c and at the same time a cloud arising in Ireland a storme povvred in from Scotland and the Prince threatning a tempest from Sea these concurrences looked so black upon the Independent Grandees that they gave vvay to a second mock-Treaty in the Isle of VVight 2 Treaty in the Isle of VVight vvhich vvas the fruit of their covvardise and subtilty as appeares by Sergeant Nickolas a Creature of theirs vvho upon Saturday Octob. 28. 1648. moved in the House That the Lord Goring might be proceeded against as a new Delinquent out of mercy because he had Cudgelled them into a Treaty though novv they attribute all to the Kings corrupt Party in the tvvo Houses the Army likevvise kept a mock-fast or day of Humiliatîon at VVindsor to acknovvledge their sinnes and implore Gods mercy for their former disobedience to the Parliament in not Disbanding and their insolent Rebellion in Marching up in a Hostile and Triumphant posture against the Parliament and City August 6. 1647. promising more obedience hereafter and to acquiesce in the judgement of the Parliament and Declared Decl. Iune 14. 1647. That it was proper for them to act in their owne sphere as Souldiers and leave State affairs to the Parliament but this vvas done but to recover the good opinion of the people and City and to keep them from stirring and to stay the moderate Party of the tvvo Houses from Declaring the Army Enemies recalling and Voting their Commissions and established Pay voyde vvhich they might have done vvith ruine to the Army and their Party in that Conjuncture of Affaires and vvith safety to themselves and applause of all honest men of England that had taken part vvith the Parliament from the beginning had not some Grandees of the rigid Presbyterian party both vvithin and vvithout the Houses some cursed thing some Achans vvedge in their bosomes vvhich suggested Their sinnes vvere greater than could be forgiven and therefore they durst not cast dovvne the partition vvall betvveen them and the King this Army though it leane so hard upon them it is ready to overvvhelme them VVarre is necessary for some men of every Faction vvhose crying sinnes peace vvill lay open and naked to the scorne derision and detestation of the vvorld Hovv vvel these sanctimonious Svvord-players of the Army have observed the Duties Undertakings of their said Humiliation let the vvorld judge Have they not returned againe vvith the Dogge to the Vomit have they not cousened God and their ovvne Soules Sure they fasted from sinne then that they might sinne vvith the more greedy appetite novv and asked God forgivenesse of the old score that they might sinne againe upon a nevv score Thus you see the 2. Treaties in the Isle of VVight vvere begotten by feare and that Idol of the Independents to vvhich they offer up all their knaveries necessity They vvere Cocatrice Eggs layd by their Grandees vvhen they had been Crovv-trodden by Armies from abroad Tumults at home See my 1. part sect 65 66 105 106 107. and the Conclusions there Sect. 16 17 18 upon vvhich they sate abrood onely to hatch Scandals and nevv quarrels against the King Anarchy and confusion to the State and Tyranny and oppression of the People to set up the Olygarchy of the Saints or Councel of State the Kingdome of the Brambles vvhich since doth scratch the vvool from off the skin the skin from off the flesh the flesh from off the bones I. have been compelled to use some introductory Repetitions in this part of my discourse that I may give you the vvhole mystery of the 2. Treaties vvith the King in the Isle of VVight vvith the causes efficient and finall of them under one vievv lest some one link of the chaine escaping your observation it become a Chaine of errors to you My first part of the History of Independency ends vvith that vvhich vvas but an unlucky preface to a Treaty vvith the King 3. Hamilton overthrovvne See my 1. part sect 136. namely Cromwel's menacing Letters to the Speaker of the House of Commons dated August 20. 1648. Relating his easie purchase of a great Victory over Duke Hamilton and Lieut. Gen. Bayly vvherein he relates the number of the Scotish Forces farre differing from the former Report of Lieut. Col. Osborne a Scotish Gentleman made in the House of Commons Iuly 20. Sect. 110 111. vvhere of I have spocten in my first part vvho to take avvay the terror of them estimated Hamiltons and Langdales conjoyned Forces to be but 10000.
and it vvas then thought a note of disaffection to report them any more but this Letter for the greater glory of his sanctified Army multiplies them to be 21000. The manner of the Fight vvas very strange and Exceedingly to be suspected especially by any man vvho hath heard or read of Bayly's former demeanour in his ovvne Country at Kylsythe and Ausorte Kirke It vvas little better than a beating up of Quarters for 20. miles together for so far the Scots Army lay scattered in their Quarters the Hors so farre distant from their Foot they could bring them no seasonable reliefe Sir Marmaduke Langdale vvith his small Party drevv forth and made an honourable resistance had he been timely and strongly seconded on the Scotish Party the Fight began at Preston in Lancashire vvhere the Duke being vvorsted retreated to VVigon from thence to VVarrington thorovv Lanes and Fastnesses vvhere Bayly Lieut. Generall of the Scotish Foot being strongly quartered upon a Bridge Passe yeilded up 6000 Foot and Armes vvithout fighting and so ruined his vvhole Infantrey from VVarrington the Duke fled vvith 4000. Horse to Namptwiche from thence to Vtoxeter vvhere his manner of yeilding himselfe to Colonel VVayte a Member of the House of Commons take out of VVaytes ovvne report in the House vvho said the Duke yeilded simply and without any Articles of Surrender that he voluntarily gave him his Sword Scarfe Signet of Armes and his George that he hung upon him so that he could not get from him desiring him to secure him from the rage of the Souldiers saying He had not come into England but that he was invited by a greater part of Lords Commons Citizens and Covenanters then called in the last Scotish Army presently the Bloud-hounds of the Faction in the House sented this and called upon VVayte to knovv vvhether he named any VVayte Ansvvered that Hamilton was a subtile politique Lord and no doubt for the saving of his owne life would doe that in more convenient time Hereupon a Committee all of Canibal Saints vvas presently packed and ordered to go dovvne and examine the Duke but no particulars could they get from him vvhich vvas an honourable silence and made amends for his former lavish speech It vvas happy the Prince did not trust himselfe in the Head of this Army Had Hamilton marched immediately to Colchester or but to Pontefrect vvhich he might easily have done Lambert his onely Opposite still retreating before him the vvhole Country had risen vvith him But he knevv the Presbyterian party had rendred themselves contemptible and he as much contemned the Independents therefore he foreslovved his march vvilling Cromvvell and Fairfax should subdue all other Parties and that he onely might have Armes in his hands to bring in the King upon his ovvne tearms this over confidence undid him He vvas too much a Statesman and too little a Souldier 4. The insolency of the schismaticall Members upon report of the Victory This Victory did vvorke like Botled-Ale vvith Scott Thomson Cornelius Holland Sir Henry Myldmay and many others of the light headed Saints vvho vvere so puffed up vvith the vvindinesse of it that they began to svvell vvith disdaine and malice against the Personall Treaty and to threaten and insult over all that had either petitioned for it from abroad or spoke for it in the House as the onely meanes of peace and a setlement mock- 5. The vviser sort subtlely continue a mock-Treaty But the vviser sort more crafty to doe mischiefe knovving that the people vvere vveary of Taxes and the Army and had no hopes of peace but by a Personall Treaty and vvere resolved to purchase peace although at the price of a nevv VVarre that Colchester Pontefract Scarborough and a Castle or tvvo in Kent vvere not yet reduced the people in VVales Kent Essex the North not yet setled in such a calme but that a nevv storme might arise a considerable party of the Scots yet unbroken in England and fronting Cromvvell and Lambert under the command of Monroe a daring knovving and uncorrupted Commander Scotland it selfe not yet assured to them and above all the Prince of VValles vvith a strong Fleet at Sea likely to raise nevv tempests at Land had he landed some men in Kent or Essex to gather up the male-contents there but nevvly scatterd broken ready to adhere to any Party to defend themselves from the fury and rapines of their Committee VVarwicke but a fresh-vvater Admirall lying in the Thames under protection of the Block-houses and relying upon Land-Souldiers to avve the Mariners from mutinying a cloud arising in Ireland ready to break into a storme upon these considerations the Caball or close Iunto of Grandees thought fit to dally on the Treaty the better to keep the Princâ— quiet in expectation thereof and gaine time to vvork upon his Sea-men already corrupted vvith vvant of vvork and pay and to gull and pacifie the rest of the Members and people not patient of a sharper remedy untill Oliver had puite finished his Northerne vvorke and marched neerer Londen Colchester reduced and the Princes Fleet retired to Harbour to avoid VVinter and then to breake off the Treaty and purge the House of those Members that sought peace by an accord vvith the King under the notion of the King 's corrupt Party to blind their eyes therefore the Speaker Lenthall though at this time the Fore-man of Olivers shop vvhen it vvas debated in the House VVhether a Treaty should be had with the King in the Isle of VVight upon the Propositions of Hampton-Court The Question much opposed and at last put the Noes and the Yeas vvere equall 57. to 57. in so much that the Speakers voice vvas put in to turne the scales he gave his voice in the affirmative that time follovving his conscience against his Interest and my Lord Say openly in the House of Lords said God forbid that any man should take advantage of this Victory to breake off the Treaty and the Armies-Scout from Tuesday Novemb. 14. to Novemb. 21. 1648. propounds three Riddles to the Reader 1. VVhy the Grandees of the Iunto that use to rule the Army are the most active Solicitors for an Agreement of the Parliament with His Majesty vvhen then the Army are Acting to the contrary 2. VVhy His Majesty stumbles onely at the matters wherein the Presbyterian Interest are concerned when that Faction is the onely visible prop to His life Crowne Dignity and dying interest 3. VVhy the Souldiers Petitions for Iustice upon His Majesty were ill resented and they thought vvorthy to be Tried by a Councell of VVarre as Offendors yet a Remonstrance vvas then framing by the Grandee Officers to the same purpose and much more against the present Authority and in this the Generall concurres 6. New Instructions to Hammond in order to the Teaty sect 132. The next thing taken into consideration in relation to the Treaty vvas the giving nevv Instructions to Hammond the Head-Goaler hovv
these Propositions were not sent to His Majesty as Bills to be passed in Terminis without debate but as Propositions to be personlly Treated upon as the Votes of both Houses and the Instructions of their Gommissioners prove novv it is against the nature of all Treaties Personall to tie up the Parties of either side so precisely that they shall have no liberty to vary in any circumstance or particular so that if all be not precisely granted the Condescentions shall not be satisfactory though all just things are yeilded to as appeares by all Treaties betvveen Nation and Nation vvhere their first demands are never fully granted but alvvaies qualified and limited if not diminished the rule being Iniquum petas ut justum feras so in all Treaties betvveen Enemies Party and Party see Mr. Pryn's said Speech Decemb. 4. 1648. vvhere to avoid cavils he vvaves this equivocall Question and propunds the Question anevv in these tearmes VVhether the Kings finall Answers to the Propositions of both Houses in this Treaty considered all together be not so full and satisfactory in themselves that this House may and ought accept of and proceed upon them for the speedy setlement of a safe and vvell-grounded Peace both in Church and Cowmon-wealth rather than reject them as unsatis factory anâ— so hazard the losse of all and the perpetuating of our VVars and miseries This he held in the Affirmative vvith so many strong and solid Reasons Arguments and Presidents both out of Diâ—inity Lavv History and policy and vvith so cleare a confutation of the opposite Arguments that no man tooke up the Bucklers against him to refute him the Arguments are too many and too long to be here repeated Nor doe I love to abridge that vvhich hath little or nothing in it superfluous or to make that short-lined by epitomizing it such is the lazinesse of men to preferre Epitomies before Large vvorks vvhich I desire should be long-lined and passe through many hands This Debate lasted untill Tuesday morning 5. Decemb. eight of the clock the Independents hoping to tyre out and frigh avvay the moderate men and then it vvas Resolved upon the Question notvvithstanding the terrors and menaces of the Army That the Ansvvers of the King to the Propositions of both Houses are a ground for the Houses to Proceed upon for the setlement of the peace of the Kingdome It vvas carried Affirmatively by 140 Voices against 104. that this Question should be put and the Question it selfe vvas carried cleerly Affirmative vvithout deviding the House presently after this House appointed a Committee of 6. Members to attend the Generall to conferre vvith him and his Officers and keep a good correspondency betvveen the House and the Army vvho had so much surly pride and so little manners as to give them leave to take a nap of three or foure hovvers long after their Nights vvatching before admittance and at last dismissed them vvith this churlish Ansvver That the way to correspond was to comply with the Armies Remonstrance The House adjourned untill VVednesday follovving VVednesday Decemb. 6. 1648. 23. The Armies treasonable violence upon the House in securing and secluding their Members The Saints militant being enraged that the House had recovered so much courage honesty as to Vote according to their Consciences and neglect their vvild Remonstrance and threatning Declaration after some private conference in the morning betvveen Pride Hewson other Officers and the Speaker in VVestminster-hall vvith the dores shut they sent to the House of Commons a Paper requiring that the Impeached Members and M. G. Brovvne vvho they belied to have called in Hamilton might be secured brought to justice and that the 90. and odde Members who refused to Vote against the late Scotish Engagement and all that Voted for recalling the 4. Votes for Non-Addresses and Voted for a Treaty and concurred in Yesterdaies Vote That the Kings Concessions were a Ground for the House to proceed to a Setlement may be immediately suspend the House and that all such faithfull Members who are innocent of these Votes would by Proâ—estation acquit themselves from any concurrence in them that they may be distinguished This is to subvert the foundation of Parliaments and appeale to the judgement of the many-headed multitude vvithout dores and put all into Tumults You see vvhat kind of Parliament the Kingdome hath had ever since the Army Rebelled and Refused to Disband a meer Free-schoole vvhere Cromwell is Head-school-master Ireton Vsher and that cypher Fairfax a Prepositor surely these men are either the supreme Iudges or the supreme Rebels and Tyrants of the Kingdome This Paper vvas delivered in but they scorning to stay for an Ansvver by advice of their Independent Grandees of the Iunto upon VVednesday morning Decemb. 6. 1648. Sent tvvo or three Regiments of Horse and Foot to VVestminster set strong Guards at the Houses dores the Lobby staires and at every dore leading tovvards the House admitting none but Parliament men to enter VVestminster-hall vvhere Col. Pride Col. Hewson and Hardres waller sometimes a Cavalier then a violent Presbyterian and novv a tyrannicall Independent violently seized upon divers Knights and Burgesses upon the Parliament staires and elsvvhere going to the House and forcibly carried them avvay Prisoners to the Queens Court vvithout any vvarrant shevved or cause assigned and there set strict Guards upon them M. Edward Stephens and Col. Birche being in the House of Commons vvere called forth by feigned Messages sent in by some Officers under other Mens Names and there violently pulled out of the dore though they called to the Speaker to take notice of the force The House sent the Sergeant of the Mace to command the Imprisoned Members attendance but the Guards vvould not let them come A second time the Sergeant vvas sent vvith his Mace upon the same Errand but Col. Pride in the Lobby vvould not let him passe vvhich contempt vvas entred in the Iournall Booke Hereupon the House concluded not to proceed in businesse untill their Members vvere restored and sent to the Generall about it yet aftervvards vvhen the Officers had severall dayes secured secluded and frighted avvay more of the Members and made the House a Conventicle of their ovvne complexion then the House prevaricated and deserted their Members About three of the clock afternoone Hugh Peters vvith a Svvord by his side but not the svvord of Saint Peter came into the Queens Court to take a List of the Prisoners Names by order from the Generall as he said vvhere being demanded by vvhat Authority they were Imprisoned he Ansvvered By the power of the Sword Night being come the Imprisoned Members 41. in number vvere conveyed avvay to a Victualling House called HELL and there kept all Night vvithout Beds or any fitting accommodation vvhen it grevv late some of them had offers made them to go upon their Parolls to their ovvne Lodgings and to appeare the next morning at VVhite-hall but this vvas but a
Army and their Parliament Cromwell Ireton and Hugh Peters have severall times made it their errand to go into the City and visit the Ministers 66. London Ministers threatned See the Ministers of Londons Letter to the Generall called A serious Representation dated Ian. 18. 1648. giving them threatning admonitions not to Preach any thing against the Actings of the Army and their Parliament But Hugh acted his part above them all he tooke some Musketiers with him to the house of Master Calamy knocking at the dore a Maid asked whom he would speake with he told her with her Master she asked his name he replied Mr. Hugh Peters the Maid going up the staires to acquaint her Master who was above-staires in Cōference with somes Divines over-heard Peters say to the Souldiers The very name of Peters will fright them all Peters being called up the staires told Mr. Calamy He was commanded by the Generall to warne him to come before him Mr. Calamy leaving Peters vapouring canting Religion and non-sense to the rest of the Divines slipt downe staires and went to the Generall to know his pleasure telling him He had been summoned before him by Hugh Peters the Generall said Peters was a Knave and had no such directions from him Since this the Councell of Warre finding it difficult to stop the Ministers mouths have sundry times debated 67. The C. of VVar consider hovv to shut up the Churches dores How to shut up the Churches dores in the City for Reformation of the Church and propagation of the Gospell they have imprisoned Mr. Canton a worthy Minister for praying for King CHARLES threaten to trie him for his life in the Upper Bench forsooth which all the Lawes call the Kings-bench and upon their new Acts of Parliament made by a ninth part of the Members the small remnant or Junto of the House of Commons notwithstanding by The Directory for Publique Worship established by both Houses the Ministers are enjoyned to pray for the King It is said that Monsieur Paux one of the Dutch Agents here hath advised Cromwell to stop the Ministers mouthes by hanging up a dozen of them and vouches a president for it in the Low Countries 68. The Lords sent some Votes to the Commons for their cōcurrence Ian. 9. The Lords sate againe and passed some Ordinances which they sent downe to the Commons for their concurrence to feel their pulse whether they would vouchsafe to take so much notice of them the Commons laid them aside after some expressions of disdaine 69. Sergeant Dandy proclaimeth the sitting of the nevv H Court of Iustice This day Sergeant Dandy Sergeant at Armes to the Comissioners for Triall of His Majesty rode into Westminster-hall with the Mace belonging to the House of Commons upon his shoulder some Officers attending him all bare and 6. Trumpetors on horsback before him Guards of Horse Foot attending in both the Palace-yards the 6. Trumpetors sounded on horseback in the middle of the Hall the Drums beat in the Palace-yards after which a Proclamation was read aloud by Mr. King one of the Messengers of the said High Court of Justice to this purpose To give notice that the Commissioners were to sit to morrow and that all those that had any thing to say against CHARLES STVART King of England might be heard The like was done in Cheapside and at the Old Exchange 70. The Gr Seale voted to be broken This day the remainder of the House voted their Great Seale to be broken in order to the making of a new one justly putting the same affront upon their owne Seale which they had formerly put upon the Kings 71. Mr. Pryns Memento to the unparliamentary Iunto Upon these occasions Mr. Pryn it is said published his Memento to the unparliamentary Junto therein telling the House That being forcibly secluded from the House by the Officers of the Armies violence whereby he could not speake his mind to them freely in or as the House of Commons yet he would write his thoughts to them as private Persons onely under a force consulting in the House without their fellow Members advice or concurrence about speedy Deposing and Executing CHARLES their lawfull Soveraigne to please the Generall Officers and Counsell of the Army who have usurped to themselves the Supreme Authority both of King and Parliament or rather the Iesuits and Popish Priests among them 1. By the Common Law the Stat. 25. Edw. 3. Cok. 5. Iusti 4. 1. Stamf. Pleas of the Crovvne l. 1. c 1 2. and all other Acts concerning Treason It is High Treason for any man by overt act to compasse the death of the King or his eldest Sonne though never executed and so adjudged by Parliament in the Earle of Arundels Case 21 Ric. 2. Plac. Coronae n. 4 6 7. 2. In the Oath of Allegiance which every man takes before he sits in Parliament you acknowledge Him to be lawfull and rightfull King of this Realme and that the Pope neither of himself nor by any authority of the See of Rome or by any other meanes with any other hath any Power or Authority to depose the King c. 3. Your selves amongst other Members Exact Collect p. 16. 19. 21. 59. 66. 83. 102. 103. 118. 123. 125. 141. 142. 143. 173. 180. 195. 219. 259. 281. 307. 380. 312. 360. 376. 457. A Collect c. p. 13. 18. 41. 43. 44. 49. 51. 61. 64. 96. 181. 182. 310. 321. 424. 425. 499. 599 623 696. 806. 807. 879. Appendix p. 15. in above one hundred Remonstrances Declarations Petitions Ordinances c. in the name of the Parliament have professed you never intended the least hurt injury or violence to the Kings Person Crowne Dignity or Posterity but intended to Him and His Posterity more Honour Happinesse Glory and Greatnesse than ever any of His Predecessors enjoyed That you would make good to the uttermost with jour lives and fortunes the Faith and Allegiance you have alwaies borne to him That all Contributions Loanes should be imployed onely to maintaine the Protestant Religion the Kings Authority Person Royall Dignity Lawes of the Land Peace of the Kingdome and Priviledges of Parliament That the Forces raised by the Parliament were for defence of the Kings Person and of both Houses That the Parliament will ever have a care to prevent any danger to His Person That they are resolved to expose their lives and fortunes for maintenance of the Kings Person Honour and Estate and the Power and Priviledges of Parliament when the King taxed the Houses for insinuating Exact Collect pag 298. 695. 696. 657. 658. 991. That if they should make the highest presidents of other Parliaments their patternes that is Depose the King there could be no cause to complain of them Both Houses by two Declarations protested against it saying That such thoughts never entred nor should enter into their Loyall hearts 4. By the Protestation Collect. of
all Orders p. 8. 13. 41. 43. 44. 49. 51. 61 64. â—6 9â— 623. 69â— 879. Appendix pag. 15. they Declare in the presence of God to defend the Kings Person and Estate and that their Armies under Essex and Fairfax were raised for that purpose inter alia 5. By the Nationall Covenant they vowed to defend the Kings Person and Authority in preservation of true Religion and Liberties of the Kingdome and that they will all the daies of their lives continue in this Covenant against all opposition 6. You monopolize the Supreme power into your owne hands robbing both King Lords the rest of your fellow Members thereof whom you are content should be violently shut out by your Army who have leavied Warre against the Parliament to dissolve it till the removall of which force and restoring your Members with freedome and safety you ought not to sit or Act by your Armies owne doctrine in their Remonstrance Aug. 18. by the Declaration and Ordinance of both Houses Aug. 20. 1647. Also 15. E. 3. n 5. 17. E. 3. n. 2. 6. 18. E. 3. n. 1. 2. 5. c. â— R. 2. n. 1. 2. R. 2. n 1 3. R. 2. n. 1. 4 R. 2. n. 1. 5. R. 2. Parl 1. n. 1. Parl. 2. n. 1. 8 H. 4. n. 28. Sec. 21. R. 2. c. 12. 1. H. 4. c. 3. 31. H. 6. c. 1. 39 H. 6. c. 1. See the memorable Record 6. E. 3. Parl. apud Ebor. n. 1 2. dorso clauso 6 E. 3. m. 4. 6 E. 3. apud Westm ' Parl. 2. n. 1 13. E. 3. Parl. 2. n. 4. many more Rolls where Parliaments when any considerable number of Members of either House were absent refused to sit though under no force till the Houses were full 7. You have neither Law nor president for what you doe Edw. 2. Rich. 2. were forced by Mortimer and H. 4. to resigne their Crowns in a formall way one to his Sonne the other to his conquering Successor neither of them to the Parliament and at last Deposed by a subsequent Sentence of Parliament as unfit to Reigne without any formall Triall * 72. The Armies party in the H approve the matter of the Co of Officers accusatory Ans against the secured Memb vvithout hearing them See Mr. Io Grereâ—s Ans to that silly Sophister Io Goodvvin called Might overcomming right Ian. 11. 1648. The House read the Answer of the Generall Counsell of the Army concerning the secured secluded Members and as I have formerly said without hearing what the said Members could say for themselves approved the matter of it whereupon the secured and secluded Members 20. Ian. 1648. with much adoe got printed their Vindication against the Aspersions cast upon them in The humble Answer of the Generall Counsell of the Officers of the Army concerning the securing secluding of the said Members The summe whereof is as followeth By the Preamble of this Answer by the Proposals of the 6. Decemb. and the late Declaration and Remonstrance therein cited 73. The sec secl Mem. Defence aginst the scandalous An of the C of VV it appeares this designe to breake the House by force hath been long since plotted and contrived with action The Generall Councell of the Army in their said Answer say Is a course in it selfe irregular and not justifiable but by honest intentions and extraordinary necessity the weaknesse of which Answer we must examine but first must state the case between us They are an Army raised by Ordinance of Parliament of 15. Febr. 1644. for defence of King and Parliament the true Protestant Religion the Lawes and Liberties of the Kingdome and to be from time to time subject to such Orders and directions as they shall receive from both Houses of Parliament and to this end they stand Commissioned by them and receive pay from them to this day And besides this trust thus lying upon them they are under the obligation of a solemne Covenant sworn to God That they will in their place and callings with sincerity reality and constancy with their estates and lives preserve the Rights and Priviledges of the Parliament and the Liberties of the Kingdome and defend the Kings Person and Authority in defence of the true Religion and Liberties of the Kingdome they being under the said trusts and Oath march up to Westminster contrary to order in a hostile way forcibly secured secluded drove away many of the Members the Question is Whether this Action be Iustifiable upon pretence of Honest intentions and Necessity Their good intentions cannot be known but by their expressions and actions and they referre us to their Proposals Declarations and Remonstrances where we find their desires are 1. To take away the Kings life 2. To take away the lives of the Prince and the Duke of Yorke at least to dis-inherit both them and all the Kings Children 3. To put a period to this Parliament 4. To set up a new Representative of their owne which takes away all Parliaments 5. To have an Elective King if any These are their Honest intentioÌ„s for publique good which must come in to justice their waging warre against their Masters this Parliament To name them is to confute them as being apparently against the Lawes of God and the Land under which they live which they are engaged to maintaine we shall produce no other Witnesses to prove this but themselves On the 15. of Novemb. 1647. The Agreement of the People which is lower in demands than these which they call Honest intentions for publique good was condemned by the Army The promoting it in the Army judged mutinous and capitall Col Rainsborough and Major Scot complained of in the House for appearing in it and the Paper it self adjudged by the House destructive to Government and the being of Parliaments The second pretence or Principle is Extraordinary Necessity for the same end To this we say 1. The Army made the same plea of necessity in their Remonstrance Iune 23. 1647. upon quite contrary grounds to what they expresse now both to justifie the same violent proceedings against the Parliament then when the King was seized upon by a Party of the Army without Order from the House the Army advanced against the Parliament They say in their Letter to the House Iuly 8. 1647. There have been several Officers of the Army upon severall occasions sent to his Majesty the first to present to Him a Copy of the Representations and after that same others to tender Him a Copy of the Remonstrance upon both which the Officers sent were appointed to cleer the Sence and intentions of any thing in either Turne back to sect 2 and see my Aniadvers upon the Army 20. Nov 1648. p. 4 5 6 7. Paper whereupon His Majesty might make any Question There the Army Treated with the King yet now they offer violence to the Parliament for Treating with the King Then in their Remonstrance 25. Iune
1647. they say We clearly professe we doe not see how there can be any peace to this Kingdome firme and lasting without a due consideration of and provision for the Rights quiet and immunities of His Majesties Royall Family and His late Partakers now they judge the majority of the House corrupt for moving one step towards a peace with the King The Parliam thought it not reasonaâ—le the King should be sole Iudge of publick necessity in case of Ship-mony Return to sect is where I set downe 6. of their Principles though He hath now granted more to them then all the Armies Proposals then demanded of Him Thus they make this generall plea of necessity serve to justifie the considerations which they are put to by making themselves Judges of those things they have no calling to meddle with for by what Authority are they Judges of publique Necessity 2. This Principle Necessity is destructive to all Government for as the Generall Officer urgeth necessity for acting against the commands and Persons of his Superiours and arrogates to be Judge of that Necessity the Inferiour may urge the same Necessity in his judgement to act against the commands of his Generall The Souldiers gainst their Officers any other 20000. men in this Kingdome against this Army and this Army as against this Parliament so against any other Representative or Government and so in infinitum 3. The Commons in Parliament are not accountable for the use of their trust to any but the House The Commons have their Authority from the VVrit of Election though their electioÌ„ from the people See the VVrit Crompton's Iurisdict of Courts Tit Parliament being Trustees of the People not by Delegation but by translation all the power of the people being transferred to them for advising votinq assenting according to their judgments not according to the judgments of those that sent them for otherwise the parties electing and those elected differing in judgement one might protest against what the other had done and so make void all Acts of Parliament But if their Acts were valid or void at the Electors judgements yet were the Members onely accountable to them that sent them not to Strangers and in no case to the Army who are themselves but in subordinate trust to the Parliament for their defence 4. This violence upon the Members is not onely contrary to the Armies trust but against their Covenant and Protestation the breach whereof being a morrall evill cannot be made good by honest intentions and necessity The particulars of the said Generall Officers Answer upon which this pretended Necessity is grounded are six but we must first take notice what is said from the end of the 2. pag. to the end of the 5. before we enter upon them the summe is That by the endevors of some old Malignant Members In all nevv Elections there were 2. IndepeÌ„dents chosen for one of any other principles IndepeÌ„dents vvere theÌ„ Commissioners for the Great Seale â—â—d livered VVrits to men of their ovvne Party vvho had the advâ—ntage to keep them and chuse their ovvne time to deliver them and Souldiers under colour of keeping the peace became great Sticklers in Elections and by practises used in new Elections there came in a floud of new Burgesses that either are Malignant or Neuters To this we say what is done by the majority is the Act of the whole House and what is done against the majority is done against the whole House nor was the Ordinance for New Elections carried on by old Malignants unlesse the major part of the House were alwaies such before the new Elections It is not hard to shew that many of the Officers of the Army came in upon the last Elections where chosen by those places where they are scarce known upon what influence therefore they came in let the world judge And now for the said 6. particulars objected The Army betrayed Ireland by their disobedience They vvould neither go for Ireland themselves nor suffer others to go 1. part sect 16. 55.57 1. The betraying of Ireland into the Enemies hands by recalling the Lord Lysle from his command there and putting the best part of the said Kingdome and where the Parliament had the strongest footing Munster into the hands of Inchiquine a Natavi Irish who hath since Revolted from the Parliament hath lately united with the Irish Rebels and with them and Ormond for the King To this we say the Lord Inchiquine came in and brought Munster to the Parliament and preserved their Interest in Ireland in all the heat of their Warres in England when they had little other Interest there This Lo vvent late carried over 160000 l. for vvhich he hath not yet accounted began a quarrell vvith In hiquine put him into discontent then returned See the Irish Letters Papers to the House in print and lesse meanes to relieve them the Lord Lysle was not recalled from his Command there but his Commission for Lord Lieutenant expiring 15. April 1647. on the 17. April he hoysed sayle for England after the Lord Lysles returne for England the Lord Inchiquine did gallant service against the Rebels tooke many strong Holds from them and won the Battle of Knocke-knowes one of the greatest that ever was gotten of the Rebels The House therefore approved of his behaviour untill 3. April 1648. when the Army having led the way the Lord Inchiquine taking distast thereat by way of imitation began to enter into Engagements and Remonstrances against the Parliament as it was then constituded for which he made the Remonstrances Engagements and Declarations of the Army the Summer before both the cause and precedent as by the printed Relation doth appeare 2. Their endeavours to bring in the King upon His owne Tearms without satisfaction and security to the Kingdome viz upon His Message of the 12. of May 1647. and to this end to Disband this Army before any peace made or assured To this we say the House of Commons upon the first notice thereof voted the said Engagement of the 12. of May Treasonable by Ordinance 17. Decemb 1647. put an incapaciti upon such Citizens as had any hand in it which evidenceth we were here in a right majority as in other parts of their Paper they take the Votes of the House to prove us a corrupt majority The charge here lying in generall and not fixed upon any particular Concerning Disbanding the Army we say the House voted 8. Regiments of Foot 4. of Horse and 1. of Dragoones to be sent out of the Army for Ireland and resolved to keep 10000. Foot and 5400. Horse under Command of the Lord Fairfax for defence of England This was 1. For Relieving Ireland 2. For easing the heavy pressures of the poor People in England And 3. an honourable employment for the Forces of the Army to prevent such higst distempers as have since ensued 3. That they endeavoured to
before I that am your KING that should be an example to all the People of England to uphold Justice to maintaine the old Lawes Indeed I doe not know how to doe it you spoke well the first day that I came here on Saturday of the Obligations that I had laid upon Me by God to the maintenance of the Liberties of My People the same Obligation you spake of I doe acknowledge to God that I owe to him and to My People to defend as much as in Me lies the antient Laws of the Kingdome therefore untill that I may know that this is not against the fundamentall Lawes of the Kingdome I can put in no particular Answer if you will give Me time I will shew you My Reasons and this here being interrupted the King said again By your favour you ought not to interrupt Me How I came here I know not VVhether these breaches and interruptions vvhere made by Brad-shavv or vvehether they are omissions and expunctions of some materiall parts of the King's Speech vvhich this licenced Pen-man durst not set dovvne I knovv not I heare much of the King's Argument is omitted and much depraved none but Licenced-men being suffered to take Notes there 's no Law for it to make your King your Prisoner I was in a Treaty upon the publique Faith of the Kingdom that was the known two Houses of Parliament that was the Representative of the Kingdome and when I had almost made an end of the Treaty then I was hurried away brought hither therfore Bradsh Sir You must know the pleasure of the Court. King By your favour Sir Bradsh Nay Sir By your favour You may not be permitted to fall into those Discourses You appear as a Delinquent You have not acknowledged the Authority of the Court the Court craves it not of You but once more they command You to give your positive Answer Clercke doe your Duty King Duty Sir The Clercke reades Charles Stuart King of England You are accused in behalfe of the Commons of England of diverse High Crimes and Treasons which Charge hath been Read unto You The Court now requires You to give Your positive and finall Answer by way of Confession or deniall of the Charge King Sir I say againe to you so that I may give satisfaction to the People of England of the clearnesse of My proceedings not by way of Answer not in this way but to satisfie them that I have done nothing against that Trust that hath beene committed to Mee I would doe it but to acknowledge a New Court against their Priviledges to alter the Fundamentall Lawes of the Kingdome Sir you must excuse Me. Brad. Sir This is the third time that You have publiquely disavowed this Court and put an Affront upon it how far You have preserved the Priviledges of the People Your Actions have spoken but truly Sir mens intentions ought to be knowen by their Actions you have written Your meaning in bloudy Characters throughout the whole Kingdome but Sir you understand the pleasure of the Court Clarke Record the default and Gentlemen you that tooke Charge of the Prisoner take Him back againe So the King went forth with His Guardes and the Court Adjourned to the Painted Chamber the Cryer as at other times crying God blesse the Kingdome of England Saturday 27 Ian. 1648. The Court sate again in Westminster-hall the President was in his Scarlet Robes 83. The fourth last dayes Triâ—ll of His Majesty after him 67 CoÌ„missioners answered to their Names The King came in in His wonted posture with his Hat on a Company of Souldiers and Schismaticks placed about the Court to cry for Iustice Iudgement and Execution The People not daring to cry God blesse Him for fear of being againe beaten by the Souldiers Bradsh Gentlemen it is well knowne to all or most of you here present that the Prisoner at the Barre hath been severall times convented and brought before this Court to make Answer to a Charge of High Treason and other High Crimes exhibited against Him in the Name of the People of England to which Charge being required to Answer He hath been so farre from obeying the Commands of the Court by submitting to their Iustice 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 Iudge 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 wilfulnesse prevent Iustice 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 beene minded of at other Courts that if that which You have to say be to offer any debate concerning the Iurisdiction You are not to be heard in it You have offered it formerly and you have strook 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 doe 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 heare 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 Conscientie 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
shall be used and no other and the Date of the yeare of the Lord and none other and that all Duties Profits Penalties Fines Amerciaments Issues and Forfeitures whatsoever which heretofore were sued for in the name of the KING shall from henceforth be sued for in the name of Custodes libertatis Angliae authoritate Parliamenti and where the words were Iuratores pro Domino Rege they shall be Iuratores pro Republica and where the words are contra pacem dignitatem coronam nostram the words from henceforth shall be contra pacem Publicam All Judges Justices Ministers Officers are to take notice thereof c. and whatsoever henceforth shall be done contrary to this Act shall be and is hereby declared to be null and void the death of the King or any Law usage or custome to the contrary notwithstanding c. 92. Another device to mortifie the King The King lay in White-hall Saturday the day of his Sentence and Sunday night so neer the place appointed for the separation of His Soule Body that He might heare every stroke the Worke-men gave upon the Scaffold where they wrought all night this is a new device to mortifie Him but it would not doe 93. Tuesday 30. Ian. 1648. was the day appointed for the Kings Death He came on Foot from Saint Iames's to White-hall that morning His Majesty coming upō the Scaffold made a Speech to the People which could onely be heard by some few Souldiers and Schismaticks of the Faction who were suffered to possesse the Scaffold and all parts neare it and from their Pennes onely we have our informations His Majesties Speech upon the Scaffold and His Death or Apotheosis The KING told them THat all the world knew He never began the Warre with the two Houses of Parliament and He called God to witnesse to whom He must shortly give an account He never intended to encroach upon their Priviledges They began upon Me it was the Militia they began with they confessed the Militia was Mine but they thought fit to have it from Me and to be short if any body will look to the Dates of the Commissions Theirs and Mine and likewise to the Declarations will see cleerly that They began these unhappy Troubles And a little after He said I pray God they may take the right way to the peace of the Kingdome Souldiers Rebelling against their Master or Soveraigne though they prevaile cannot claime by conquest because their quarell vvas perfidious base and sinfull from the beginning But I must first shew you how you are out of the way and then put you into the right way First you are out of the way for all the way you ever had yet by any thing I could ever find was the way of Conquest which is a very ill way for Conquest is never just except there be a good just Cause either for matter of wrong or just Title and then if you go beyond the first Quarrell that you have that makes it unjust in the end that was just in the beginning but if it be onely matter of Conquest then it is a great Robbery as the Pyrate said to Alexander and so I think the way that you are in hath much of that way Now Sirs to put you in the way believe it you will never doe right nor God will never prosper you untill you give him his due the King that is My Successor his due and the People for whom I am as much as any of you their due 1. You must give God his due by regulating rightly his Church according to his Scripture which is now out of order to set you in a way particularly now I cannot but onely a Nationall Synod freely called freely debating amongst themselves must settle this when that every opinion is freely and clearly heard 2. For the King the Lawes of the Land will freely instruct you and because it concernes My selfe I will onely give you a touch of it 3. For the people and truely I desire their Liberty and Freedome as much as any man whatsoever I must tell you their Liberty and Freedome consists in having such a Government whereby their Lives and Goods may be most their own it lies not in having a share in the Government that is nothing pertinent to them a Subject and a Soveraigne are cleane different things and therefore untill you restore the People to such a Liberty they will never enjoy themselves Sirs it was for this I now come hither if I would have given way to an Arbitrary sway to have all Lawes changed according to the power of the Sword I needed not to have come here See sect 90. and therefore I tell you and I pray God it be not laid to your charge that I am the Martyr of the People c. The House had the impudence to ansvver the Dutch Ambassadours That vvat they had done to the King vvas according to the Lavv of the Land They meant that their Lusts are the Lavvs of the Land for other Lavv they can shevv none This was the effect of His Majesties Speech who shewed much magnanimity and Christian Patience during all the time of His Triall and Death notwithstanding many barbarous affronts put by way of tentation upon Him He had His. Head severed from His Body at one stroak the Souldiers and Schismaticks giving a great shout presently Thus this noble Prince a Gentleman sanctified by many afflictions after He had escaped Pistoll Poyson and Pestilent ayre could not escape the more venemous tongues of Lawyers and Petty foggers Bradshaw Cooke Steele Aske and Dorislaus thus the Shepherd is smitten and the Sheep scattered THe said High Court of Justice with the downfall of King CHARLES the I. thereby and in Him of the Regall Government Religion Lawes and Liberties of this auntient Kingdome is Emblematically presented to the Readers view See the Figure before the Title page Presently after this dissolution of the King the Commons sent abroad Proclamations into London and all England over reciting 94. Proclamations published against proclaiming the King That whereas severall pretences might be made to this Crowne and Title to the Kingly Office set on foot to the apparent hazard of the publique peace Be it enacted and ordained by this present Parliament and by the Authority of the same that no Person whatsoever doe presume to proclaime declare publish or any waies to promote Charles Stuart Sonne of the said Charles commonly called Prince of Wales or any other Person to be King or Chiefe Magistrate of England or Ireland or of any Dominions belonging to them by colour of Inheritance Succession Election or any other claime whatsoever without the free consent of the people in Parliament first had and signified by a particular Act or Ordinance for that purpose any Law Stat vsage or custome to the contrary notwithstanding Who shal judge whē these Fellowes wil be thougt free and whē not and whosoever
from those their treasonable practises and tyrannicall usurpations which We cordially desire and entreat them by all obligations of love and respect they have to God Religion their King Country and Posterity timely to doe We doe hereby denounce and declare them to be Traytors and publique Enemies both to the King and Kingdome and shall esteem and prosecute them with all their wilfull Adherents and voluntary Assistants as such and endeavour to bring them to speedy and condigne Punishment according to the Solemne League and Covenant wherein We trust the whole Kingdome all those for whom We serve and the Lord of Hosts himself to whom We have sworne and lifted up our hands hearts and fervent prayers will be aiding and assisting to us and all our Brethren of Scotland and Ireland who are united and conjoyned with us in Covenant to our GOD and Allegiance to our Soveraigne King CHARLES the Second who we trust will make good all His destroyed Fathers Concessions which really concerne our peace or safety and secure Us against all force and tyranny of our Fellow-subjects who now contrary to their Trusts and former Engagements endeavour by the meer power of that Sword which was purposely raised for the protection of our Persons Government Religion Laws Liberties the KING 's Royall Person and Posterity and the Priviledges of Perliament to Lord it over Us at their pleasure and enthrall and enslave Us to their armed violence and lawlesse martiall wills which we can no longer tolerate nor undergoe after so long fruitlesse and abused patience in hope of their repentance 109. A Paper entituled Foure true Positions c. About the same time came out another Paper entituled ⧠Foure true and considerable Positions for the sitting Menbers the new Cours of Iustice and new Iudges Sheriffs Officers Lawyers Iustices and others to ruminate upon 1. THat the whole House of Commons in no Age had any Power Right or Lawfull Authority to make any Valid or binding Act or Ordinance of Parliament or to impose any Tax Oath Forfeiture or capitall punishment upon any Person or Free-man of this Realme without the Lords or Kings concurrent assents much lesse then can a small remnant onely of the Members of that House doe it sitting under an armed force which nulls and vacates all their Votes and procedings as the Ordinance of 20. August 1647. declares whilst most of their Fellow-Members are forcibly detained and driven thence as Mr. St. Iohn proves in his Speech concerning Ship-mony p. 33. and in his Argument concerning the Earle of Strafford's Attainder p. 70. 71. 76. 77. 78. and Sir Edw. Coke in his 4. Instit c. 1. 2. That the few Members now sitting in and the House of Commons being no Court of Iustice of it selfe and having no power to heare and determine any civill or criminall Causes nor to give an Oath in any case whatsoever cannot by the Lawes and Statutes of the Realm nor by any pretext of authority whatsoever erect any new Court of Iustice nor give power or authority to any new Iudges Iustices or Commissioners to arraigne trie condemn or execute any Subject of meanest quality for any reall or pretended crime whatsoever much lesse their owne Soveraigne Lord the King or any Peers of this Realme who ought to be tried by their Peers and by the Law of the Land alone and not otherwise And that the condemning and executing the King or any Peere or other Subject by pretext of such an illegall Authority is no lesse than High Treason and wilfull Murther both in the Members the Commissioners Iudges or Iustices giving and executing Sentence of Death in any such arbitrary and lawlesse void Court or by vertue of any such void illegall Commissions 3. That the House of Commons and Members now sitting have no power nor authority to make or alter the Great Seale of England or grant any Commissions to any Commissioners Iudges Sheriffs Justices of the Peace or any other That all the Commissions granted by them under their New or any other Seale are meerly void illegall and all the new Writs and proceedings in Law or Equity before any Iudges Iustices Sheriffs or other Officers made by them meerly void in Law to all intents coram non judice 4. That the deniall of the KING's Title to the Crowne and plotting the meanes to deprive Him of it or to set it upon anothers Head is High Treason within the Stature of 25. Ed. 3. ch 2. And that the endeavouring to subvert the Fundamentall Lawes and Government of the Realme of England by King Lords and Commons and to introduce a tyrannicall or arbitrary Government against Law is High Treason at the Common Law especially in Iudges and Lawyers not taken away by any Statute Both which Mr St. Iohn in his Argument at Law concerning the Bil of attainder of high Treason of Tho E. of Strafford published by order of the Com House An. 1641. p. 8. 14. to 33. 64. to 78. And in his Speech at a Conference of both Houses of Parl concerning Ship mony An. 1640. hath proved very fully by many reasons and presidents and Coke in his 7. Report f. 10 11 12. 3. Instit c. 1. That the Commons now sitting in making a new Great Seale without the Kings Jmage or Style in granting new illegall Commissions to Iudges Justices of Peace Sheriffs and other Officers in the name of Custodes Angliae in the generall in omitting and altering the Kings Name Style and Title in Writs Processe Indictments and proceedings at the Common Law and thereby indeavouring to Dis-inherit the Prince now lawfull King by and since his Fathers bloody murther and to alter and subvert the Fundamentall Lawes and Government of the Realme by such Commissions and proceedings and by the power of an Army to enforce them and the Iudges Iustices Sheriffs and other Officers who accept of such Commissions and all those especially Lawyers who voluntarily assist consent and submit to such Commissions and Alterations by such usurped illegall Authority and the Commissioners sitting in the New Courts of Justice are most really guilty of both these high * Whereupon six Judges refused to accept any new Commissions or to act as Iudges Treasons in which there are no Accessories and lesse excusable than Strafford or Canterbury whom some of these new Iudges and sitting Members impeached and prosecuted to death for those very Treasons themselves now act in a more apparent and higher degree than they and in respect of their Oaths Covenant Callings and Places are more obliged to maintaine the Kings Title the Fundamentall Lawes and Government the Rights and Liberties of the Kingdome and Parliament then they and therefore if they persevere therein may justly expect the self-same capitall punishments they underwent if not farre worse especially since they attempt to reduce the antientest Kingdom of all Christendom into the puniest and most contemptible State in all the World and thereby to render us the
Englands Nevv Chaines and the Hunting of the Foxes No obedience is due by Lavv to them vvhich takes no notice of this forme of Government from time to time chosen and entrusted for that purpose by the People It is therefore Resolved and Declared by the Commons assembled in Parliament that they will put a period to the sitting of this present Parliament dissolve the same so soon as may possibly stand with the safety of the people that hath betrusted them and with what is absolutely necessary for the preserving and upholding the Government now setled in the way of a Common-wealth and that they will carefully provide for the certain chusing meeting and sitting of the next and future Representatives with such other circumstances of freedom in choice and equality in distribution of Members to be elected thereunto as shall most conduce to the lasting freedome and good of this Common-wealth And it is hereby further Enacted and Declared notwithstanding any thing contained in this Act no person or persons of what condition and quality soever within the Common-wealth of England and Ireland Dominion of Wales the Islands of Guernsey and Jersey Towne of Berwick upon Tweed shall be discharged from the obedience and subjection which he and they owe to the Government of this Nation as it is now Declared but all and every of them shall in all things render and performe the same as of right is due unto the Supreme Authority hereby declared to reside in this and the successive Representatives of the People of this Nation and in them onely About the same time they passed another Act for Abolishing the House of Peers to this purpose 112. An Act for Abolishing the House of Peers More Nevv lights nevv di coveries made by forty or fifty 〈◊〉 〈◊〉 grosse fiery Meteors remaining in the H of Commons THe Commons of England assembled in Parliament finding by too long experience that the House of Lords is uselesse and dangerous to the People of England to be continued have thought sit to Ordaine and Enact and be it Ordained and Enacted by this present Parliament and by the Authority of the same That from henceforth the House of Lords in Parliament shall be and is hereby wholly abolished and taken away and that the Lords shall not from henceforth meet or sit in the said House called the Lords House or in any other House or place whatsoever as a House of Lords nor shall sit vote advise adjudge or determine of any matter or thing whatsoever as a House of Lords in Parliament Neverthelesse it his hereby Declared That neither such Lords as have demeaned themselves with honour courage Fidelity to the Common-wealth nor their Posterities who shall so continue shall be excluded from the publique Councels of the Nation but shall be admitted thereunto and have their free Vote in Parliament if they shall be thereunto Elected as other Persons of interest elected and qualified thereunto ought to have And be it farther Ordained and Enacted by the Authority aforesaid that no Peere of this Land not being Elected qualified and sitting in parliament as aforesaid shall claime have or make use of any Priviledge of Parliament either in relation to his person quality or estate any Lawes Vsage or Custome to the contrary notwithstanding * * 133. A Declaration of the Commons to shevv the Reasons of their said proceedings The State is Free but the People Slaves as a Galley is free but the Rovvers Slaves 1 part 72. 73. See these Books A full Ansvver to an infamous Pamphlet entituled A Decl of the Commons of England The Charge against the King dis harged The Royall and Royalists Plea King Charles vindicated c. And His Maj last Book or Pourtraicture His Maj Gracious Messages for Peace And to lessen the amazement of the People the same day they passed and Ordered to be printed a Booke called A Declaration of the Parliament of England expressing the grounds of their late proceedings and of setling the present Government in the way of a Free-State when they formerly passed the 4. Votes for no more Addresses to our late King they seconded it with a Declaration to shew the Reasons of those Votes wherein they set forth no new matter but what they had formerly in parcels objected against Him and yet they have since that time made Addresses to him both taken caused others to take the Oaths of Allegiance Supremacy the Protestation Covenant to defend His Person and Authority c. And in this Declaration there is no new objection of moment but what is conteined in the former Declarations against Him and as I looked upon the first Declaration as a Prologue so I looke upon this last as the Epilogue to His Majesties Tragedy The whole matter of charge in both of them hath been sufficiently Answered in severall Books and either confuted or justified to which I refer the Reader whom I will only trouble with some few short ObservatioÌ„s of my owne upon it p. 5. The Parliament in imitation of their Masters the Councell of Officers pretend a necessity to change the fundamentall Government into a Free-State to prevent Tyranny Injustice and War c. I doubt rather to promote them It affirmeth pag. 15 16. That Offices of Inheritance are forfeited by Breach of Trust a condition annexed to every Office and seems to imply as much of the Kingly Office but this Pen-man had forgot that by the Lavv the Crowne takes away all defects and the King being Supreme Head and Governour over all Persons and in all Causes it vvere absurd to make Him accountable to any Authority for in such case that Authority vvould be Supreme to Him and so erect tvvo Supremes one jarring and interferring vvith the other vvhich in Lavv and Policy is as absurd as to suppose tvvo Almighties or Infinities in Divinity vvhich cannot be for that one Infinity vvould terminate another Impossibile esse plura Infinite See Greg Tholosâ—nus l. pol. 1. Keckerin Sistema pol. l. 1. Contzenii l politic 1. à cap. 17. ad c. 25 and many good Authors quoted by him Moecenalis orationem ad Augustum apud Dionem Cassium quoniam alterum esset in altero sinitum saith Cusanus pag. 16. The Declarers play the Orators in behalf of the felicity of Government by Free-States rather than by Kings and Princes This is a spacious field to vvalk in I vvill onely cite some learned Authors living in Republiques of a contrary opinion and send my Readers to them for their Arguments It applauds the prosperity and good Government of the Switz vvhich I think vvas never commended before a grosse-vvitted People living in a confused vvay of Government vvhere virtue and industry find no revvard the Rich become a daily pray to the Poore and their popular Tribunes vvho uphold their credits by calumniating the vvealthy and confiscating or sequestring their Estates the best vvealth of this Nation is Pensions
the House and their Imprisonment vvithout Cause c. vvhich can no vvay be justified from the Guilt of the highest Treason but in the accomplishment of a righteous end viz The enjoyment of the benefit of our Lavves and Liberties vvhich vve hoped long ere this to have enjoyed from your hands Yet vvhen vve consider and herevvith compare many of your late carriages both tovvards the Souldiery and other Free People and principally your Cruell Exercise of Martiall Lavv even to the Sentence and Execution of Death upon such of your Soldiers as stand for the Rights of that Engagement c. And not onely so but against others not of the Army vve cannot but look upon your defection and Apostasie in such dealings as of most dangerous Consequence to all the Lavvs and Freedoms of the People And therefore although there had never been any such solemn Engagement by the Army as that of Iune 5. 1647. vvhich vvith your Excellency in point of duty ought not to be of the meanest obligation VVe do protest against your Exercise of Martial Lavv against any vvhomsoever in times of Peace vvhere all Courts of Iustice are open as the greatest encroachment upon our Lavves Liberties that can be acted against us and particularly against the Tryall of the Souldiers of Captaine Savages Troup yesterday by a Court Martiall upon the Articles of VVarre and sentencing of tvvo of them to death and for no other end as vve understand but for some dispute about their Pay And the reason of this our Protestation is from the Petition of Right made in the third yeare of the late King vvhich declareth That no person ought to be judged by Law Martiall except in times of VVarre And that all Commissions given to execute Martiall Law in time of Peace are contrary to the Lawes and Statutes of the Land And it vvas the Parliaments complaint That Martiall Lavv vvas then commanded to be executed upon Souldiers for Robbery Mutiny or Murder VVhich Petition of Right this present Parliament in their late Declarations of the 9. of February and the 17. of March 1648. commend as the most excellentest Lavv in England and there promise to preserve inviolably it and all other the Fundamentall Lavves and Liberties concerning the preservation of the Lives Properties and Liberties of the people vvith all things incident thereunto And the Exercise of Martiall Lavv in Ireland in time of Peace vvas one of the chiefest Articles for vvhich the E. of Strafford lost his Head The same by this present Parl. being judged High Treason And the Parliament it self neither by Act nor Ordinance can justly or vvarrantably destroy the Fundamentall Liberties and Principles of the Common Lavv of England It being a Maxim in Lavv and Reason both that all such Acts and Ordinances are ipso facto null and void in Lavv and binds not all but ought to be resisted stood against to the death And if the Supreme Authority may not presume to doe this much lesse may You or Your Officers presume thereupon For vvhere Remedy may be had by an ordinary course in Lavv the Party grieved shall never have his recourse to extraordinaries VVhence it is evident That it is the undoubted Right of every Englishman Souldier or other that he should be punishable onely in the ordinary Courts of Iustice according to the Lavvs and Statutes of the Realme in the times of Peace as novv it is and the extraordinary vvay by Courts Martiall in no vvise to be used Yea the Parliaments Oracle Sir Edward Cooke Declares in the third part of his Institutes Chap. of Murder That for a Generall or other Officers of an Army in time of Peace to put any man although a Souldier to death by colour of Martiall Law it is absolute murder in that Generall c. Therefore erecting of Martiall Lavv novv vvhen all Courts of justice are open stopping the free current of Lavv vvhich sufficiently provides for the punishment of Soldiers as vvel as others as appears by 18 H. 6. c. 19. 2 3 E. 6. c. 2. 4 5 P. M. c. 3. 5. l. 5. 5 Iam. 25. is an absolute destroying of our Fundamentall Liberties and the razing of the Foundation of the Common Lavv of England the vvhich out of Duty and Conscience to the Rights and Freedoms of this Nation vvhich vve value above our lives and to leave You and Your Councell vvithout all excuse vve vvere moved to represent unto Your Excellency Earnestly pressing You vvell to consider vvhat You doe before you proceed to the taking avvay the Lives of those men by Martiall Lavv least the bloud of the Innocent and so palpable Subversion of the Lavves and Liberties of England bring the revvard of just vengeance after it upon You as it did upon the Earle of Strafford For Innocent bloud God vvill not pardon and vvhat the people may doe in case of such violent Subversion of their Rights vve shall leave to Your Excellency to judge and remaine Sir Your Excellencies humble Servants IOHN LILBURNE RICH OVERTON From our Canslesse and unjust and Tyrannicall Captivity in the Tovver of London April 27. 1649. Notvvithstanding vvhich Letter and much other meanes made the said Lockier vvas Shot to Death in Saint Paul's Church-yard the same day to strike a terror and slavish feare into such other Souldiers as shall dare to take notice of their approaching slavery but his Christian and gallant deportment at his death vvith the honourable funerall pomp accompanying him to his Grave turned all the terror of his Tragedy into hatred and contempt of the Authors thereof 152. Arreares given to Col. A Popham H. Martin temptations put upon Lilburne and Ioyce About this time the House of Commons gave to Col. Alexander Popham all his Arreares and to Harry Martyn 3000 l. to put him on upon the holy Sisters and take him off from the Levellers And Cromwell is novv playing the Devils part shevving the Kingdomes of the earth and tempting Iohn Lilburne to fall dovvne and vvorship him to forsake his good principles and engagements and betray the liberties of the people but L. Col. Lilburne is higher seated in the good opinion of the people than to be suspected of so much basenesse vvho are confident he vvill as constantly resist false promises and vaine hopes as he hath vaine threats and terrors of Indictments and not cast avvay the hold he hath of immortality by hearking to such a Syren vvhose promises are but baits vvith a hooke hidden under them and his preferments but like Mahomets paradise he that hath cousened all the Interests of the Kingdome vvill not scruple to cheat his Enemy a free-spirited plaine meaning man This is to undermine and blovv up his credit vvith his party and make him liable to a revenge hereafter He that stoops to the lure of a knovvn Enemy is guilty of inexcusable folly and a Betrayer of himselfe especially having had so faire a Copie of Consâ—â—ncy set
gift of them to his Journy-men of the House The Generalls Warrant seized and Imprisoned them and notwithstandinge the Councell of Officers declared in print that they were preparing a Charge against them yet the Knaves lied like Saints they were then so farre from having matter to accuse them of that they have ever since hunted after a Charge against them and endevoured to suborne Witnesses but after 24 Weeks restraint whereas by the Law no Man ought to be comitted without an accusation they have found nothing against them This turning over of these Prisoners to their House of Commons proves what I formerly asserted § 24. That the violence of the Army in securing and secluding the Members was by consent of their Somerset house Iunto now sitting in the House of Commons 163. The Generall sends forth Warrants to all Iustices of the Peace to attach those Levellers that he had routed The honest Leveliers most of them Country-men endeavouring to draw to a Randezvouz about 600. or 700. of them marched from Banbury to Burford in Oxford-shire where lying securely because they were upon Treaty with the Enemy their Quarters were beaten up and about 180 of them taken Prisoners which their Enemies according to their usuall custome to gaine reputation by lying reported to be so many Hundreds And the Generall as if they had been all routed sent forth his Warrants to all Justices of the Peace in the adjacent Counties requiring them to apprehend and secure all such of them as shall be found I desire to know by what Authority the Generall takes upon him to command Justices of the Peace who are not under his Power and what tame Animals these Justices are that will submit to his commands and whether he thinks the Civil Magistrate to be obnoxious to the Power of the Sword the Councell of Officers See the Vote and Act for abolishing the Kingly office 164. and his single selfe the Supreme Magistrate or Tyrant Paramount notwithstanding the Vote of his Journey-men Commons That no single Man should be trusted with the Supreme Power The Levellers having possessed themselves of Northampton the Generall it is said thought fit to take hold of the Hornes of the Altar The Generall sends to the City for additionall Forces and wrote to his Vassals of the City to send their Trained Bands to his reliefe that he might the better domineer over them and continue their slavery hereafter But if the Citizens have no more wit I wish their Hornes may be as visible in their foreheads as the Nose in Olivers face To cozen the honest Levellers 165. The Commons colourably debate to dissolve this Parl and settle a succeeding Representative the Commons in order to the ending this present Parliament are debating how to pack a succeeding Representative as wicked as themselves and of the same leaven whose Election shall not be free but bounded with such Orders of limitation and restriction as shall shut out all men from electing or being elected as are not precisely of the same principles and practises and as deep engaged in their tyrannicall trayterous cheating bloody designes as themselves guilty Committee-men and Accountants to the State shall be the next Representative and for the better lengthening of the businesse that they may see what successe in the meane time the Levellers will have they wire-draw it through a Committee and referre it to be debated by a Committee of the whole House And at last if they must dissolve having packed themselves into a Councell of State they will usurp the Supreme Authority there to prepare the way to which designe they have passed another Act May 19. That the People shall be Governed as a Free state by Representatives and by such as they shall constitute and then consider what kind of Representatives we are likely to have Great care is taken that the State or rather our States-mens private pockets might not be prejudiced by Iudgements 166. A Debate how to defeat Iudgments Extents c. upon Delinquents Lands sect Extents c. lying upon Delinquents Estates you see notwithstanding their declaratory Vote That in things concerning the Lives Liberties and Properties of the People they would maintaine the known Lawes of the Land yet this Vote as well as all others hath a condition implied that it doe no waies hinder the Gaines of our godly Grandees otherwise they would not consider how to defeat Creditors of their legall assurances Iohn Lilburne being ordered a close Prisoner in the Tower by the Commons without Pen Inke or Paper 167. Iohn Lilburnes starving imprisonment in the Tower which was tyranny under King Charles but not under K. Oliver a Petition was presented to the Commons by many wel-affected that Iohn might have the allowance usually and legally due to Prisoners in the like case for his support The allowance is 4 l. a Weeke as I conceive which was rejected insomuch that Iohn was kept 3 whole daies with one halfe meales meat this is to condemne men unheard to be murdered by famine in their private slaughter-houses when they cannot or dare not murder them in their pretended Courts of Iudicature or publique shambles yet afterwards when the drawing together of the Levellers and discontents of New-castle affrighted the Commons they voted him the short allowance of 20 s. a Week Thus you see nothing but feares and dangers can kindle the least spark of goodnesse and compassion in their woolvish breasts wherefore Lord I beseech thee heap feares and terrors upon their guilty pates till with Iudas Iscariot they crie out We have sinned in that we have betrayed innocent bloud 168. Why Ireton layd down his Commission Cromwell being to march against the Levellers left Ireton behind him like a hobby daring of larks to over-awe the Conventicle at Westminster and see they chaunt no tune but of their setting the better to keep himself in a neutrall reconciling posture Ireton layd downe his Commission which he can take up againe at pleasure whereby he puts off all addresses to him from the levelling party for the present This poore Fellow now keepeth his golden Coach which cost 200 l. and 4. gallant Horses The world is well altered with such petty Companions and hereby the Souldiers may see what becomes of their Arreares There hath been a seeming falling out between Cromwell and Ireton 169. Hugh Peters visits I. Lilburne in the Tower and the sum of their Conference Iohn Lilburne being a close Prisoner in the Tower as hath been said Hugh Peters Chaplaine in Ordinary to two great Potentates Lucifer and Oliver came about dinner time May 25. 1649. to visit him and though admittance be denied to other men yet to him the Gates slew open as sure as Saint Peter keeps the keyes of Heaven Hugh Peters keeps the keyes of our Hell and out Grandees Consciences and openeth and shutteth at pleasure he is Confessor to Tyburne and hath a great power over
their Persons and Possessions yet it cannot be denied but this Kingdome had still many moderate-minded Men that loathed their Country-mens barbarity and could never be drawne to adhere to their Party in their least consent Now for the Parliament Agents to gather up these Men and these onely that have been drunke with the blood of their Brethren and to fortifie them with Armes Councels and conjunction of Forces that thereby they may preserve to themselves the Triumphs of their Cruelty and Treachery and to lap them up in their affections with promises of reward if they will persevere to act with the ruine of the KING and Monarchy the destruction of the remnant of the English Protestants and the antient Irish who have now declared their Loyalty and submitted to and consociated with them are things that I much loathe and can no way imbrace Besides if you consider the passages of the Treaty you will easily be drawne I suppose to cast away your former entertained scruples and not condemne me for being out of love with mine 1. For first The Title to Owen Roes Propositions excludes all other of his Nation but such as will joyne with him though they be farre more capable of Peace and Pardon than himself or his Party 2. He and his Party who in a late Paper of theirs stiled the Parliament of England Monstrosum Parliamentum the monstrous Parliament when as then it had not besmeared it selfe with Royall Sacred and Noble Blood as since it hath done yet now where he sees them act like himselfe he hath taught his tongue to quaver and calls them The most Honourable and potent Parliament when all Honour is persecuted by them and no power exercised by them but brutish violence and extreame tyranny 3. In the second Proposition That an Act of Oblivion be passed to extend to all and every of Owen O Neales Party for all things done since the Yeare 1641. You shall find that Monke approves of it totally without the least reserve of punishment to any the most bloody Plotters and Murtherers whatsoever that are in that Crew which makes me more in love with my Lord of Ormonds peace than I was before 4. 'T is propounded by Owen Roe and approved by Monke That he shall have a Sea-port to himselfe to make use of for the perfecting of his designes when as we heare the least Traffick will not be allowed to you in Munster 5. Although Col. Munke doe a little pare his Propositions concerning the Repealing of Statutes against Roman Catholiques since Hen. 8. lest he should offend the People And though he doe not absolutely undertake to grant him all his Ancestors Lands which when he is once stiled O Neale he will challenge to be the six escheated Counties yet by Monkes Letter he is assured that he shall not receive the least disadvantage thereby All which directions Councels and assurances I am confident Col. Monke would not have used towards him if he had not had a Parliament-foundation to warrant it Thus you see these Men who lately were utter Enemies have confederated together to ruine Monarchy and the Protestant Religion meerly to raise themselves and support their owne Faction They will not here allow the KING to make use of His owne Subjects to revenge His Fathers blood to Re-inthrone Himselfe to re-establish Religion and the Lawes and the just Liberties and yet they allow themselves a latitude of calling in any Party though the most blody and inhumane to assist them in the carrying on their wicked Designes We have seen Col. Iones his Letters censuring the Lord of Ormond for joyning the Irish to his Party though the best and least culpable of them and yet the same Iones whose head and hand is in this Treaty and Conclusion thinks it allowable in himselfe to close with the worst and that upon his owne termes And though Col. Monkes hypocrisie in Correcting Owen O Neales 7. Article will not allow that unity and amity shall be publickly proclaimed between them yet he is willing it shall be practised and they shall mutually assist one another against all Opposers whatsoever that is the KING and all in Authority under Him The consideration of these things hath left such an impression upon my soule that I am resolved to make speed to you no way desiring to live under their Commands whose actions increase in horror and beget new afflictions to all honest English hearts So praying you to forbeare further writting to me because I meane speedily to see you I rest Dundalke May 20. 1649. Your assured Friend and Servant Upon which Propositions so corrected by Monke the close carriage of this businesse I shall trouble my Reader with these following Observations 1. Article You see the Counterfeit Alchymy Saints are content to joyne covertly with Massacring Irish Papists to carry on their Antimonarchicall Designes and to make a false Religion and corrupt worship of God the wages hyre of righteousnesse 2. Article You see those Men that are so bloodily zealous to bring Protestant Delinquents nay the KING Himselfe under the notion of the Grand Delinquent the Man of Blood to punishment and pretend themselves engaged by Oath so to doe can dispense with the Massacre of two hundred thousand English Protestants barbarously and inhumanely slaughtered in Ireland in time of full peace and can grand an Act of Oblivion to whole Armies of their Murderers thereby at once making their Antimonarchicall interest the price for which they sell the innocent blood of their Brethren and defrauding the Irish Adventuers of that Money which the Parliament perswaded them to lay forth to purchase Rebells Lands in Ireland for which they have an Act of this Sessions of Parliament The like may be said of the 4. 7. Articles whereby Rebels attainded and convict are restored to their confiscated Lands the English Protestant Planters that purchased them of the Crowne are expelled out of their Inheritance what is this but a designe to root out Protestancy as well as Monarchy 5. Article Taketh off all Incapacity Inhability and distrust from O Neale and his Party at that very time when with much counterfeit zeale they pretend great severity against the English Papists I think because they are not so very Rebels as the Schismaticks According to their usuall custome to accuse other Men of their owne Crimes they charged King CHARLES the First upon light surmises with complying with the bloody Irish Papists doe themselves actually combine with them to root out Monarchy Protestancy giving them a Toleration of their Religion the possession of the English Protestants Estates for their Hyre And it now appeares by Letters newly come to London the 24. August notwithstanding the said Votes of the Commons against all association with the Irish Murderers That Sir Charles Coote See The Perfect Occurrences nu 138. from Aug. 17 to the 24. 1649. and O Neale are associated and that the Siege from Londonderry was raised
Goldsmiths Brewers Weavers Clothyers Brewers-Clerks c. whom scornfull Fortune in a spitefull merriment brought upon the Stage and promoted to act the parts of Kings to shew that Men are but her Tennis-balls and when she is weary with laughing at their disguises will turne them into the Tyring Roome out of their borrowed cases and shew us that our Lyons are but her Asses The Kings poore Creditors and Servants may gape long enough like Camelions to see the aforesaid Ordinance executed for sale of the King 's Goods to pay their Debts they poore Soules are left to starve while these Saints Trimphant revell in their Masters Goods and Houses 173. A generall survey to be taken of the whole Kingdome that every mans Estate reall personal may be taxed Orders about this time were sent forth into London and the Counties adjacent for certaine Committees to enquire upon Oath and certifie the improved value and revenue of every mans Estate reall and personall wherein good progresse hath been made already the like is to go forth throughout the Kingdome That our 40 mechanick Kings now sitting in White-hall and the self-created supreme Authority of the Natlon may take an exact survey in imitation of William the Conquerours Booke of Survey called Doomes-day remaining in the Exchequer of their new conquered Kingdome and know what they are like to get by their villanies and how to load us with Taxes and Free-quarter and what the value of their Estates are when they have compleated their Design of Sequestring the Presbyterians as they have done the Royalists The faction in the House are this beginning of Iune 174. An Act enabling Committees to give Oaths 1649. sitting abrood upon an Act to enable Committees to give Oathes in some cases and yet the House of Commons never had nor pretended to have power to give Oaths themselves though every Court of Pypowders hath because the House of Commons is no Court of Iudicature but onely the Grand Inquest of the Kingdome to present to the King the grievances the necessities of the People by way of humble Petition as appears by our Law-Books and Statutes and therefore the Commons can grant no more then they have themselves But now the remaining faction of the House have voted themselves to be the supreme Authority of the Nation and have a Sword to maintaine it they and we must be what they please yet I must affirme that to take illegall Oathes is neither justifiable before God nor Man and no lesse than damnable But it may be that by accustoming the People to take these new-imposed illegall Oathes they hope to make them the more easily swallow their intended new Oath of Allegiance to their new State and their owne Damnation together hereafter All the Scrivenors about the Towne are commanded by the Supreme thing to produce their Shop-books 175. Scrivenors commanded to shew Shop-books that notice may be taken who are guilty of having money in their purses that the fattest and fullest may be culled out and sequestred for Delinquents now that their almighty Saints-ships have occasion to use it for defence of their Free-State if they would but search one anothers private pockets they would find money enough The like attempt onely in the Kings time was cried out upon as a high peece of tyranny but nothing can be tyranny under a Free-State The Supreme Authority being so full a Representative-glasse of the People that it takes our very substance into it self and leaves us onely the shadow whilst we wander up and downe like our owne Ghosts who having lived under the Monarchy of Good KING CHARLES are now dead and descended like shades into the Kingdome of Pluto The 7. Iune 1649. the thanks-giving spoken of § 172. was solemnized in the City the Lord Mayor meeting the Speaker 176. The aforesaid Tanksgiving solemnized resigned to him as formerly was used to thc King the Sword of State as had been ordered by the House the day before and received it againe from him and then the Mayor conducted them all to Christ-Church where the Commons Councell of State Generall and his Officers together with the Mayor Aldermen and Common Councell c. mocked God with their Devotions where Master Tho Goodwin and M. Owen preached out of the Politicks to them from thence they were conducted to a great Dinner at Grocers hall and entertained in the quality of a Free-State no man being admitted without delivering his Ticket They were all strongly guarded with Souldiers and every Cooke had an Oath given to be true to them which shewed they had more of fear and guilt than confidence and innocency within them Great Presents of Plate given to his Excellency Fairfax and to his Super-excellency Cromwell and to others fit to be chronicled in Stowes and Hollingsheads Volumes amongst other solemn Fooleries let it not be omitted that Hugh Peters many other Saints were too full of the Creature anglice Drunk 177. A necessary advertisement to all honest Presbyterians See K. Charles the First his Book The portraicture of His Majesty in His solitudes and sufferings Some over-hastily expect the King should satisfie the Presbyterians by His Declaration but the heigth of the Independents malice their guilty fears are such as may endanger the drawing on a Massacre upon them by such a course I am to give a necessary advertisement to all men that though the young KING shewes much respect and a desire of reconcilement according to his dead Fathers never dying preceps to all moderate men and Presbyterians that make Addresses to Him yet it is complained of by some who look not into the underminning practises of our new Statists that some few of His Counsellors and Followers are as violent against the more moderate and honest Presbyterians as against the Independents who murdered His Father but these zealous Royalists are either some passionate light-brain'd men of little discretion and lesse power with Him or else some false-hearted Pensioners to our new State and such as have under-hand an Indemnity for their owne Estates in England who stand like Scar-crowes about His Majesty to fright away such as returne to their Loyalty and tender their due Allegiance to Him thereby to weaken the hands of His Majesty and cut off the hopes of this Nation from depending upon Him who as our undoubted Soveraigne both by the Lawes of God and the Land and Gods Vice-gerent in His three Kingdomes onely can and will if we forsake not him and our selves free and protect us from the many headed miserable arbitrary tyranny we now starve and bleed under and restore unto us againe our Religion Lawes and Liberties our Wives Children and Estates Trading Husbandry peace and plenty now held in more than Aegyptian bondage under our cruell See a Booke entituled His Majestices Gracious Messages for Peace and Master Pryn's Speech 5. Dec. 1648. in the House And the secured Members Reply to the Councell of