survey his Actions but as if it were purposely done when the Commissioners came as far on their way as Bristol about a dozen renegado Officers of his Army met the Commissioners and turned them back again The said Officers posted up to the Parliament before the Commissioners and the 13 April were called in to the Commons Bar where they made a relation to the House to this purpose That the Lord Inchiquin having made an expedition into the County of Kerry upon his return sent for these Officers into his presence Chamber and told them He intended to declare against the Army and Independent party in England who kept the King and Parliament under a force that he would stand for the Liberty of the King and Parliament and a free Conference to settle Peace and that he expected all his Officers should joyn with him in so honourable an undertaking but should take an Oath of secrecy before he discover'd himself farther to them They Answered They could make no such Oath before they knew whether they might with a safe conscience keep it saying they would be true to the Parliament My Lord Inchiquin replied So have I and will be delude me not with ambiguous words do you mean this pretended Parliament telling them farther he had good correspondence with all the Presbyterians in Scotland and England as well in the Parliament as out of it that he doubted not to go through with his undertaking and if the worst hapned to make good conditions for himself and his party That he would make peace with my Lord Taff and that he knew the Independents in England were upon Treaty with Owen Roe Oneal who was a man of their humour and loved to keep all in combustion They refused to joyn he dismissed them for England The same day Letters from Capt. John Growthen Vice-Admiral of the Irish Seas from a shipboard were read in the House much to the same purpose though not so large wherein he said He had already blocked up all my Lord Inchiquin's Havens Presently Allen the Goldsmith moved 87. Allen the Gold-smith moveth to put the House to the touch by some Covenant Declaration c. That since the Lord Inchiquin had discovered that he had a correspondency with the Presbyterians in the House before they dealt with their Enemies without doors they should try who were their Enemies within doores by putting all men to some Covenant Engagement or Protestation c. And Lieutenant General Cromwell said That being to debate this business to morrow whosoever with crosse Arguments shall spin out the debate and so retard our prceedings by my consent shall be noted with a Black Coal to which was answered That this tended to take away freedom of debate which was the life of Parliaments and of all Councils and was destructive to the very being of Parliaments It is not amisse to insert here by way of digression what I formerly omitted Sir Henry Mildmay long since moved That 150 rich Guard Coats of the King might be sold for 800 l. to find Fire and Candle for the Souldiers in White-hall The question put The Speaker gave judgement the Yeas had it Mr. Edward Stephens declared the Noes had it They were unwilling to divide upon such a question but Mr. Stephens persisted and Robert Reynolds said aloud notice shall be taken of him for putting such a dishonour upon the House Upon the Division the Noes carried it by nine voices Thereupon complaint was made against Reynolds for attempting against the liberty of Voting but no redress But to return from my digression the next day 14 of April it was moved that my Lord Inchiquin's Son a Child of 8 or 9 years old going to School at Thistleworth might be secured in the Tower and kept for a Hostage To which was Answered That no man could take an Hostage without consent an Hostage must be given upon the publick faith upon some stipulation and must be so received by mutual agreement you cannot punish the child for the Fathers fault yet he was voted to the Tower and sent My Lord Inchinquin's Commission as President of Munster and General of the Army Voted void and no man to obey him himself Voted a Traitor yet no man examined upon Oath against him nor any man sent to take information of the businesse into Ireland and his professed enemy the Lord Lisle is to go General into Munster in his room and the said fugitive Officers all rewarded as if they had brought acceptable news This day Reynolds revived Allens motion for putting the Members to the Test by some Covenant Protestation or Declaration subscribed That this is a free Parliament and that they would live and die with this Parliament and Army To which was answered 1. That by Ordinance of both Houses all men were enjoyned to take the National Covenant This Covenant is the true Touch-stone of the Parliament and so agreed upon by the wisdom of both Nations yet many sit here who refuse to obey this Ordinance I know no reason therefore why any man should obey you in any other Ordinance of this Nature let us keep the old Covenant before we take any new 2. It hath been moved in the House that the Oathes of Justices of the Peace and Sheriffs might be taken away I hope you will not abolish legal Oathes and impose illegal Oathes This House hath not so much Authority as to administer an Oath much more to impose one you must allow to others that liberty of Conscience which you demand for your selves 3. Major Gray told you my Lord Inchiquin said he had correspondency with all the Presbyterians in the House who had made their peace with the King But my Lord Inchiquin told him farther the Independents were upon Treaty with Owen Roe and Oneal let them clear themselves of that imputation first before they give a purgation unto others otherwise what you do will savour of force 4. The true Touch-stone to try every mans integrity is to examine who have inriched themselves by the calamities of the times and your service and who are impoverished 5. This is a new device to purge the House The Grandees of the House have cantonized the Kingdom between them 88. The Counties compelled to give thanks to the Houses for their Votes against the King every man in his Division protecting the Country Committees and receiving tribute from them in recompence of their protection and Prideaux the Post master being King of the West Saxons his Vice-roy or Lord Deputy for the County of Somerset is that running Col. John Pyne who being often inspired with Sack rules the Committee and County by inspirations Pyne and his Peers of the Committee to please his superiours set on foot a draught of a Petition to be handed by the Country Giving thanks to the Parliament for the four Votes against the King and promising to live and die with the Parliament and Army and desiring the County might be freed from
The King cannot plead Dures no man can imprison or hurt the King in his politick capacity as King though in his natural capacity as man he is as passive as other men To which was replyed That it had been frequently said in the House the King was a prisoner That there was no difference in Law between a restraint and an imprisonment whether legal or illegal A tortious restraint is called in Law a false Imprisonment That former Kings have avoided their own Acts by pleading Restraint or Imprisonment and Constraint as R. 2. H. 3. That the King may as well plead Imprisonment as the Parliament plead a Force which they have lately done That the Kings Restraint in Law is Arcta custodia God grant it be salva custodia we have lately had Information to the contrary The distinction between the Kings natural and politique capacity was Treason in the Spencers and so declared by 2 Acts of Parliament in the time of Edw. 2. and Edw. 3. See Calvins case in my Lord Cook they are unseparable by the Law Tho. Scot argued That the City was as obnoxious to the Kings anger as any part of the Kingdom and if the Treaty should be in London who shall secure us that the City will not make their Peace with the inraged King by delivering up our Heads to Him for a sacrifice as the men of Samaria did the heads of the 70 sons of Ahab It was farther moved That if the King came not to London but to one of his houses about 10 miles from London That He might be desired to give His Royal word to reside there untill the Conclusion of the Treaty Col. Harvy slighted this motion vilifying the Kings Royal word and saying There was no trust in Princes he alleged the Kings promises had been frequently broken as when he protested the safety and privileges of Parliament should be as precious to Him as the safety of His Wife and Children and within three or four dayes after came with armed Guards to force the House and other instances which have been too often remembred and shall be here omitted At last they fell upon a report that the Committee of Lords and Commons had Voted They would not insist upon the 3 Votes preparatory to a Treaty viz. Presbytery the Militia and recalling all Declar Procla c. This was long argued to and fro At last it was Voted That the King be desired to assent to the said 3 preparatory Propositions 99 My Lord Say's discourse about a Personal Treaty and sign them with his hand to be passed as acts of Parliament when the King shall come to Westminster My Lord of Warwick had moved in the Lords House about this time for a Personal Treaty and was seconded by the Earl of Northumberland but my Lord Say opposed it and prevailed against it afterwards my Lord Say in his way home visited the Duke of Richmond and amongst other discourse told the Duke He was sorry to find so great an indisposition to peace saying he had moved for a Personal Treaty but could not prevail this was done upon hopes the Duke would have writ so much to the Queen or Prince But the Earl of Holland coming that day to see the Duke and the Duke relating to the Earl what the Lord Say had told him the Earl of Holland discovered the truth to him and so spoiled the design you see the Devil doth not always own the endeavours of his servants The said 5 July the Speaker as soon as he sate in his Chair 100. The news of the D. of Buck. taking Arms. alarmed the house of Commons with the news of the Duke of Buckingham's and the Earl of Holland's drawing into an hostile posture relating they were 2000. that they intended to take Lambeth-house that the Bullets would presently be about their ears if they did not rise which put the zealots into such a rout that they presently cried Adjourn adjourn until Monday and had hardly so much patience as to hear any reasons to the contrary but this was but a counterfeit fear the design hid under it was to prevent the City from bringing in that day their Petition for a Personal Treaty and to leave the whole power of the House during the Adjournment to the Committee of Derby house to raise what Horse and Foot they pleased under colour of suppressing this Insurrection For when they found they could not prevail to Adjourn 101. Skippon authorized to raise 1000 Horse they moved for power to be given to Maj. Gen. Skippon to raise Horse whether to possess the Avenues and passages from the City to the Earl of Hollands Army or to keep the City under the terror of a Horse Guard is doubtfull And the same day Mr. Swynfin reported from the Committee of Safety That they offered to the Consideration of that House 102. A Report from Derby house that the Members should underwrite for maintaining of Horse that it was fit the House should have a Horse Guard and that every Member should underwrite how many Horse he will pay for 10 days This is refused by some Gentlemen upon these grounds 1. It bears the aspect of an Imposition or Tax set upon the House by their Committee 2. The Members have not suffered alike and therefore cannot do alike some have lost much and got nothing others have got much and lost nothing and it is not equal that Losers should bear equall burthens with Getters and contribute out of their Losses to maintain other mens Gains and preserve them in their rich Offices and Bishops Lands purchased for little or nothing Gentlemen are made Beggers and Beggers Gentlemen 3. It is a dividing motion tending to lay an imputation of Malignancy and dis-affection upon those that cannot as well as those that will not subscrâ—be and so gives a great advantage to the Gainers over the Losers which the Losers have no reason to submit to 4. A Personal Treaty being now in debate this motion makes many Members forbear the House who cannot grant and dare not deny It carries with it therefore something of design and terror and so takes away the liberty of Parliament which when so weighty a business is handling is ought to be If this Horse Guard be raised how shall we assure our selves they shall be Disbanded after ten days being once under Command It is therefore a subtile malicious tyrannous act for the Committee of Safety to put so tempting a motion upon the House and give men cause to suspect that something of Design and Danger lies hid under it 103. The device of a forged letter About this time a Letter without any name subscribed was left at Major General Brown's house in his absence consisting of two parts 1. A Preamble of great respect and love born to him by the Epistoler for his fair carriage to the King and good affection to peace and reconcilement with the King 2. An Admonition to look to
Common-wealth to a Watch which they had taken in pieces and advised them to keep every piece and pin safe and put all in their right places again but now all the principal pieces are either broken or lost God grant them to number their houres better hereafter and to cloze well with our Master Work-man for though this Kingdom hath alwaies been Ruled by King Lords and Commons yet by the KING architectonicè and by the other Two organicè the King as the Architect the Lords and Commons as His Instruments each in his proper sphere of Activity without interfering and till this again come in use look for no peace The Independent Grandees of the Parliament and Army are much offended with the City and their adherents 107. The Armies Aspect upon the City and personal Treaty in Petitioning for a Personal Treaty with the King and give out That when they have done with Colchester they will humble the City and bring it to better obedience for which purpose they have already taken all the Block-houses upon the River East of the City Windsor-Castle West of the City and are now fortifying Gyddy-tall neer Rumford in Essex South from the City the like they intend at Hampton Court and to build a Fort upon the Isle of Dogs to keep under the Sea-men whereby possessing the principall ways and Avenues to the City they shall neither feed nor Trade but at the discretion of the Army In the mean time the Cities desires of a Personal Treaty are delayed and made frustrate by a tedious Conference between a Committee of Parliament and a Committee of Common-Council And Counter-Petitions against a Personal Treaty are sent about by Alderman Gybs Foukes Estwicke Wollaston Andrewes Nye the Independent Priest and others who hold rich Offices by favour of the Grandees to be subscribed even by Apprentice Boyes whereby it appears the Independents have no intent to make peace with the King but to engage in a new War thereby to contiune their Army and our Slavery The yearly Income they raise upon the people under colour of this War besides the Kings Revenue Sequestrations and Compositions amounts to three Millions sterling per annum being six times as much as ever the most greedy and burdensom of our Kings raised where our Stewards hide these our Talents publick Debts and Arrears being unpaid were worth finding out if any but the Devil could give an Account thereof But this is an unsoundable Gulf here my plumb-line faileth me 108. Major Gen. Skippon's complaint The 10. of July Major General Skippon complained in the House of Commons of a printed Paper called A Motive to all loyal Subjects to endeavour the preservation of his Majasties Person wherein he pretended he was falsly and scandalously slandered for speaking some words in the House to divert the Examination of Mr. Osborn's Charge against Rolf. The House that is the Independents were as diligent to become his Compurgators and vindicate his credit by passing and Printing 5. Votes for him as they had formerly been to ruine the KING'S Honour by passing a Declaration against Him This fellow Skippon was heretofore Waggoner in the Low-Countries to Sir Francis Vere after that came over into England a poor forlorn Commander and obtained of the King his Letters of Commendation to keep a kinde of Fencing School in the City Military yard and teach the Citizens the postures of the Pike and Musket and Train them where he wore the mask of Religion so handsomly that he soon insinuated into their favours and found them very bountifull Patrons to him there he got his fat belly and full purse from the City he became Major Generall to the new-modelled Army and observing some discontents arising between the City and Army and being willing to keep two strings to his bow that he might uphold his credit with the City he voluntarily submitted himself to some affronts purposely and politickly put upon him in the Army and yet that the Army might understand him to be their creature he marched with the Army in their Triumph through the City still carrying himself as a moderate reconciling man and sweetning the insolencies of the Army by making milde and fair interpretations of their Actions yet still so much magnified the power of the Army as if he would perswade the City they were beholding to the Army for making no worse use of their strength against them Thus as many other moderate prudential men do he lay a good while undescried in the bosome of the City and there as a Spie and Intelligencer kept Centry for the Army untill such time as the City petitioning the Commons for restoring of their own Militia to them again the Council of the Army to mock them with an uneffectuall Militia by their engaged party in the House and the Committee of Derby-house of which Cabal Skippon is one caused their confiding man Skippon not only to be named of the Committee of the Militia although no Citizen but to be obtruded upon the City as their Major General Commander in Chief of all their Forces without whom nothing is to be acted This being resented and opposed as contrary to the Cities Charter and Liberties Skippon found he was discovered and then taking advantage of the Earle of Holland's going forth into Arms upon a Report from the Committee of Derby-house the Commons ordered that a Party of Horse should be raised and listed under Skippon Skippon by vertue of this Order granted Commissions to divers schismaticall Apprentices to raise men underhand and authorized the said Commissioned Apprentices to grant Sub-commmissions again to other Apprentices under them for the like purpose This was pretended to prevent Tumults and Insurrections but indeed it was to joyne with the Independent party of the City and the army when they have done their work at Colchester in purging the Presbyterians out of the Common-Council and Parliament in reference whereto the Army have resolved not to march Northwards against the Scots untill they have brought this City to more absolute obedience or laid it in the dust according to Cromwel's advice as a preparative to which design the prevailing party in the House Yet they knew they came in by Authority of the Parl. of Scotland July 15. hand over head Voted All such Scots as are come into England in hostile manner without consent of both Houses of Parliament of England Enemies to the State and all such English as do or shall adhere to aid or assist them Traitors and the next day following Weaver oâ—enly in the House affirmed that the Scotish design of D. Hamilton the Colchester design and that of the Earl of Holland were all begun and carried on in the City of London to which Ven the two Ashes Harvy Scot Miles Corbet Blackstone Sir Peter Wentworth and others gave applause loe here a foundation laid for a new Charge against the City when the Army are at leasure to make use of it This Hypocrite
Duke Hamilton and a few dis-affected persons who were not likely to send any of the honest Godly party to Treat whereby the Treaty would be carried on to the disadvantage and ruine of the Godly and of the Church our only friends there And Mr. Ashurst related That the major part of the past Parliament of Scotland over-powred the minor part by an Army and so got the Engagement and other Acts and the Committee of Estates passed against which the Assembly of the Kirk consisting of 400 persons declared with one Voice I know not what he meant by saying the major part in Scotland over-powred the minor when I consider that major pars obtinet rationem totius the major part is virtually the Parliament to which the minor part must submit although here in England the lesser part of the Parliament engaging and conspiring with an Army whom themselves in a full and free Parliament had formerly declared Enemies to the State overpowred the greater part contrary to reason and practice This question seemed to agree with the sense of the Independents reasonably well because it leaves it onely to the pleasure of the King to Treat dis-junctively with the Scots upon the sole Interest of Scotland as men no ways concerned in the settlement of Peace in England whereby it is tacitely inferred that the Treaties Covenant and Union between the two Kingdoms is dissolved so the question aforesaid was put with this addition That if the King shall be pleased to invite the Scots to send some Persons Authorized c. the Parliament will give them safe conduct The fifth Vote of the Lords was That Newport in the Island of Wight should be the place of Treaty to which the Commons concurred With these debates ended this Week the 19 day of August About this time came forth a Book entituled 133. A pestilent Book called The necessity of the absolute power of Kings c. The necessity of the absolute power of all Kings and in particular of the King of England concerning which I am to admonish the Reader that it is conceived to be a Cockatrice hatched by the Antimonarchical Faction to envenome the people against the KING and PRINCE The next Week begins with Monday 21 August of whose proceedings I can give you only an imperfect scambling relation and so shall surcease all farther endeavours in this kind because I have already delivered enough for your Instruction if God have not appointed you to be led blindfold into the pit digged for your destruction but principally because my good Genius that furnished me with Intelligence hath now retired himself from acting without hope to praying with faith for his Country being tired out with hearing and seeing so much sinne and folly as now raigns at Westminster and I love not much to take news upon trust from the vulgar Peripateticks of the Hall 134. Mr. Martyns levelling practises and principles The chief things of note were More Complaints of Henry Martyn who now declares himself for a Community of Wealth as well as of Women and protests against King Lords Gentry Lawyers and Clergy nay against the Parliament it self in whose bosome this Viper hath been fostered and against all Magistrates like a second Wat Tyler all Pen and Inkhorn-men must down His Levelling Doctrine is conteined in a Pamphlet called Englands Troubler Troubled wherein All Rich men whatsoever are declared Enemies to the Mean men of England and in effect War denounced against them 135. Skippon's Listings Next the Ordinance for transferring over to the Militia of London Skippon's power of listing men in London was passed in the House of Commons with this Coloquintida in it That Skippon should name and appoint Commanders and Officers for the Forces listed to be approved of by the Militia of London 136. Cromwel's laureat letters 20 Aug. 1648 A Letter from Oliver Cromwel was read in the House of Commons relating his easie victory over Duke Hamilton and Major Gen. Bayly which puts me in mind of Ovid's Victory over Corinna of whom he saith Victa est nou aegrè proditione sua and conteining an admonition not to hate Gods people who are as the apple of his eye and for whom even Kings shall be reproved and exhorting the Speaker to whom it was written to fullfill the end of his Magistracy that all that will live peaceably and quietly viz. in Vassalage to Oliver and his Faction and neglect Religion Laws and Liberties may have countenance from him God blesse all honest men from the light of Oliver's countenance lest in an ignis fatuus mislead them from the duties of their Oaths of Allegiance Supremacy Potestation and Covenant and they that are implacable may speedily be destroyed out of the Land 137. Martial Law in London To prepare the way to whose destruction it was Ordered That an Ordinance be penned and brought into the House of Commons to try all such by Martial Law in the City of London as shall be found to plot design or contrive any thing to endanger the Parliament or City And yet London is no Garrison now as it was when Tomkims and Challoner were tried not is there any Enemy considerable in the Field whereby the known Laws of the Land may not passe currently through the Kingdom but our known Laws are not written in blood nor are they so flexible as to make all Traytors the Faction pleaseth to call such Yet as cruel as these Caco fuegos of the Faction are to some 138. Rolf's Bayl again pressed they have mercy enough for Rolf whose Bayl was again exceedingly pressed and that his two Prosecutors Osburn and Dowcet should be under restraint in his stead whom they have forejudged out of the King's Letter to the Houses not to be able to prove their information whereas it may be discretion in the King not to encrease his danger by acknowledging it Saturday 26. August 139. The KINGS Letter to the States of Scotland taken from Haly-burton The King's Letter to the Committee of States in Scotland c. in Answer to their Letter sent to Him by Haly-burton which Letter was taken from Haly-burton although a publique Minister of State and allowed by Parliament to carry their Letter to the King was read in the House of Commons I hear in general that it was excellently well penned and a very just honest and peaceable Letter Yet it was Voted neither to be sent to the Lords nor to be restored to Haly-burton but damned to close imprisonment in a Box under Seal lest the people should know how truly zealous his Majesty is to settle Peace in the Land a mystery their understandings must not be trusted withall Prolegomena Promises Protestations and Covenants made by this Parliament in behalf of the King and People AFter a repetition of many good Acts and Concessions obtained by this Parliament of the King for the ease of the People Remonstrance 15. December 1642. Exact Collect. p. 15. they
that you may take a short view of his proceedings as you have done of Argile's by comparing them you will find who doth deserve the Title of the most Religious Duke Hamilton suffered his worthy Mother to enjoy besides her own Joynture all his Estate whereby indeed he lost nothing she improving it much to his advantage hath helpt his Brother to a great estate with Titles and Places of Honour and profit suitable to his birth and worth his Sisters and now some of his Neices matched in the Noblest and best Families of the Kingdom 1. Whereas Argile did in his Fathers life time bring him to a Pension outed his Brother of his Estate Kintyre and ruined his Sisters by cheating them of their portions and so enforcing them to go to Cloysters The Duke had no quarrel with any save Montrosse the ground you heard for crossing his first intention for the Invasion of Scotland to prevent the misery and bloudshed that he did foresee was like to follow 2. Argile for private quarrels betwixt him and Montrosse Culkettough and the Athol men the Earl of Airely and other hath drawn much misery and bloudshed upon the Kingdom whom he enforced to espouse his quarrels The Duke had no spoyls nor gifts given him since ever he signed the Covenant save the Title of DVKE but hath been spoyled both himself and friends by those that followed Montrosse 3. Argile had enrich'd his Country with the spoyls of the Kingdom and himself with the great treasure bestowed on him both by Scotland and England which is well secured without the reach of an Impeachment The Duke stands firm to his Covenant for the established religion loyal to his Prince for Monarchical Government faithfull to his Country against all forein Invasion 4. Argile hath contrary to his Covenant Duty and Allegiance conspired to extirpate Monarchical Government to introduce forein forces of Sectaries to the utter overthrow of the established Religion The Duke acts nothing but according to the Laws established according to the Covenant and the duty of every good Subject 5. Argile hath overthrown all Laws tyrannizing over the Lives Liberties and Estates of the Subjects Duke Hamilton hath been of that temper to mediate for a wel-grounded Peace his Majesties deliverance and the Personal Treaty being the only probable waies for setling the three Kingdoms and setling the power where it ought to be for the Honour and safety both of King and Subjects 6. Argile opposeth all wayes of the Peace settlement of the three Kingdoms His Majesties deliverance and being brought to a Personal Treaty lest the power should be taken out of his and his Confederates hands whereby they oppress and ruine both King and Subject The Duke hath used and is using all endeavours to Vindicate the oppressed Subjects in both Kingdoms never changing Interests being alwaies faithfull to all those to whom he did profess love and friendship 7. Lastly Argile hath betrayed his old friends the Presbyterian party in both Kingdoms especially the Presbyterians in the Parliament of England and City of London not only suffering them to be made a prey to their enemies but obstructing their relief Let the impartial Reader now judge which of the two is most religious As this opposition betwixt Duke Hamilton and Argile makes them both to appear what they are so this following Parallel betwixt the Argathelian Faction and the Independent Junto will serve for an eye-salve to cure the eye-sight of both Kingdoms and let them see clearly how near they are to the brink of an intolerable and perpetual slavery Argile and his Faction stiled by the Independents the Godly party in Scotland the rest all Malignants 1. The Army of Sectaries in England however formerly Preached and wrote against now called by Argile's faction the hope of their safety The like in England by the Army of Sectaries and Independent Junto above twenty millions shared amongst them whereof the Kingdom can never get accompt all places of Honour and Trust of England still in the hands of those that are engaged for and with the Army of Sectaries 2. The heavy Taxes imposed and continued upon Scotland by Argile and his Faction and all the benefit thereof and most part of the monies got from England shared amongst them and no satisfactory accompt given to the Kingdom thereof Cromwell and the army for the King in their first ingagements but having inslaved the City inforced the Parliament to the dethroning Votes and as not formerly acquainted therewith gave thanks for them and sent their Emissaries to some seduced Counties and Corporations to do the like 3. All places of Honour and trust usurped by Argathelians till of late and the Army modelled to maintnin their Interest 4. Argile formerly yet but seemingly for Monarchy now really against it and all that desire to assert it Cromwell contributes a Passe to His Guides slacking the guards as he did the second time when he frighted him with a Plot from Hampton-Court to the Isle of Wight where he remains close Prisoner 5. That Faction first betrays the King to come to the Scots Army promising protection and then most persidiously delivered Him up to the mercy of His most cruel Enemies The blood shed in England under colour of justice in cold blood calls aloud for vengeance and the persidious breaches of the Army of their promises to King Parliament and Country is too too evident 6. Argile and his Faction have been most cruel to those they call their Enemies especially in cold bloud and perfidious to their friends deserting and betraying them What the insolent Army did comming with Bayes in their hats when they inslaved the Parliament and riding in triumph through the City by whose bounty they were made and maintained an Army will to their perpetual infamy be registred to all posterity 7. Argile when he had done mischief must have both thanks and reward and like a Conquerour march through the Kingdom in triumph a thing never granted amongst the noble Romans to triumph for a Victory in a Civil War The Army and some others by their instigation petition that the Kingdome may be setled without the King and that Army continued to eâ—slave the Kingdom especially the Presbyterian party their Army being for Toleration 8. Argile's Faction petitions That the Army intended for His Majesties inlargement and the relief of our Presbyterian Brethren shall not come in Cromwell was ready to comply but got some other work for the time and if God prevent it not will now speedily be able to obey Argile's desires but if that fail Argile shall have money and send David Lesley to levy Forces abroad to work Argile's ends 9. Argile and his Faction desires but five thousand Horse to assist them to subdue Scotland which must be turned a Province to the Kingdom of the Saints Let this serve for a Caveat to the mis-led and deluded Protestants of the three Kingdomes not to trust the fair promises or pretences of these
quandarumque poenes Rempublicam non unum aliquem Magistratum esse debet potestas nulla enim in re gravius peccatum admittitur nusquam graviores turbae minantur quà m hisce de rebus That is the best forme of Government where the King can doe most good and least evill 1. Let Him be disabled to raise new Taxes and lay on new Tribute 2. Let Him not have the sole power to make or repeale Lawes which ought to belong to the Common-wealth not any one Magistrate for no power is more hurtfull to the people nor stirres more Commotions then these two such is the Kingdome of England the King hath neither the power of our Purses nor the changing of our Lawes in His hands and if he give away his Sword he will be such a King of clouts as can do neither good nor evill like Rex Sacrificulis at Rome ea summa potestas dicitur quâ secundum Leges non est major neque par such was the Dictator at Rome he had no equall there Papyp cursor dictator adjudged to death his Generall of the Horse Fabius for fighting against his command though prosperously and rejected all appeale to the Senate and Tribunes of the People yeilding at last onely to their prayers with this saying Vicit tandem imperii majestas such is the King of England the Common-wealth cannot compell him to grant a Pardon or dispense justice or mercy as they please the Oath of Supremacy calls Him Supreame Governour in all Causes over all Persons so doe all our Statutes to whom in Parliament which is his highest sphere of majestie is the last appeale by Writ of Error who is Principium caput finis Parliamenti the beginning head and end of the Parliament and therefore he onely calls the Parliament to advise with him and dissolves it when he is satisfied He makes Warre and Peaee See the 1. part of this History Prolegomena 1. and is Protector of the Lawes and of all just interests onely the policy of the Law disables him to make repeale or alter Lawes or raise Monies without consent of both Houses by Bill passed which is but an Embrio until he quickens it by his Royal Assent because this way the King may doe most hurt and wrong to his people as I have already said it being the wisdome of our Lawes to keep the Sword in one hand and the purse in another The 1. 15. The 1. Proposition for jâ—stifying the Parliaments and condemning His owne quarrell proemial Proposition for justifying the Parliaments Cause and Quarrell and condemning his owne Cause and Party was a bitter pill but an earnest desire of peace sweetned it and guilded it over and invited him to swallow it without chawing or ruminating upon it but how devilish unchristian and illegal a use the Faction hath made of this extorted confession let God judge Their insisting upon it that the King should take the Covenant 16. The Covenant endeavoured to be put upon the King was an errour in Policy whereof the rigid Presbyterians are guilty they supposing the King would take it at last stood upon it and intended thereby to joyne the King to their Interest and Party The more subtile Independent knew the King would not nor could not take it and therefore complyed with the Presbyterians in obtruding it upon him to break off the Treaty many things in the Covenant were vaine in the Person of His Majesty as that He should swear to maintain his owne Person c. which the Law of nature binds him to without an Oath which in this case is idle and a prophaning of Gods name some things in the Oath were contradictory to what the Parliaments Propositions desired of him as to maintain His own Authority in defence of Religion Lawes and Liberties which was impossible for Him to doe unlesse he kept the Militia in his owne hands and his Negative Voice also which that clause in the Bill of Militia That all Bills for leavying Forces should have the power of Acts of Parliament without the Royall Assent c. would 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 way to their utter enslaving To sweare to Abolish Bishops c. was against his Coronation-Oath To sware to extirpate Heresies Schismes c is more then the Independents would permit To sweare to maintaine the Vnion between the two Nations which the Parliament declare already to be broken by the Scots Invasion is vaine besides how unjust a thing was it to impose that Oath upon the King when 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 was no part of the Propositions upon which the Treaty was begun but a subsequent request upon an emergent occasion and therefore I see no reason why the King should have given any answer to it but onely have held himselfe to the original Propositions yet he did Answer 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 which being voted unsatisfactory and moved that a new Declaration might be published against him the King was inforced to put a stand to the Marquesses proceedings by his Letter to his great prejudice yet these Declarers against him do now comply with Owen Roe Oneale and have entertained O Realy the Popes Irish-Vicar-general in England to negotiate for the Irish massacring Rebels with the Parliament These things considered prove what I finde in our late King Charles the 1. most excellent Book Chap. 18. That it is a Maxime to those that are Enemies of peace to ask 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 will not trouble my Reader with these being enough to shew 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 who cavilled away so much time in the Treaty 17. Jones complaines by Letters that Ireland was like to be lost until Cromwell had done his work in the North and marched up to Towne to make the Treaty ineffectuall About the latter end of Octob. 1648. Col. Jones sent whining Letters from Dublin to the Steersmen at Derby-house complaining that all Ireland was 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 what was resolved could agree amongst themselves the Engrossers and Monopolizers of Oligarchy into a few hands desiring to make themselves
People or else by the power of Courtiers stopping the course of Justice at the Councel Table and in other Arbitrary Courts both which are taken away by the Kings Concessions 1. That the Nomination of Judges and Officers be in the Parliament 2. That the King make no new Parliament Lords for the future to Vote there For this you must take the faith of the misty brained Penman who had this as well as many other gross Lies by Revelation The Army had had the King in hâ—ir power and had the Parliament adjourned the sole power of the Kingdom had been left in the Army which is a thing aimed at by them Another Objection is That they had intelligence that had they been suffered to meet all in the House once more it was designed to have passed some higher Resolutions to lay farther foundations of a new quarrel so as to carry therein the name and countenance of Parliamentary Authoriâ—y 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 War To this we say the House immediately upon passing the Vote 5. Decemb sent a Committee to the General to confer with him and his Officers and keep a good correspondency with them To which the General promised his readiness 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 shews they were resolved to doe what they had designed The last Obj. is That those Members that are yet detained in Custodie 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 less 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 appears 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 judicial way by competent Judges not preingaged In the mean time we conclude That Souldiers whose advantages arise by War are not fit to judge of the Peace of the Nation 74. A Declaration by Mr. Walker and Mr. Pryn The 19. Jan. 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 Generall and Generall Councell of the Army and their Election now remaining and sitting in the said House WHereas long since for ease of the People both Houses in a full and 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 pittying the bleeding condition and tears 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 Laws and Liberties for ever whereby the Commons in Parliament found it absolutely necessary to prevent such pernitious innovations by concluding 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 settlement of a safe and well-grounded Peace Upon which the Generall and Councell of Warre Wednesday morning 6. December 1648. Seized and Imprisoned 41 of the Members going to the House of Commons to do their Duty secluded above 160. other Members besidss 40. or 50. Members who voluntarily withdrew themselves to avoid their violence leaving onely their own engaged party of 40. or 50. Members sitting who now pass 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 own 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 of 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 do declare and protest That the said Generall Commissioned Officers and 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 War and Rebelled against the Parliament their Masters who raised them to defend the Priviledges of Parliament and the Kings Person and Authority in defence of Religion Laws and 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 and Actings passed and to be passed by this nominall House of Commons are and will be void ab initio and all such as do or shall obey them are and will be punishable both by the Armies own judgment in their Remonstrance August 18. and by the Houses Declaration and the said Ordinance 20. August 1647. We do farther declare and protest against this present House of Commons illegall Acts Order or Ordinance for erecting a High Court of Justice and 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 and the Protestant Profession Traitors against the Stat. of Treason 25. Edw. 3. and against all Laws and our Statutes perjurious and perfidious against the Oaths of Allegiance Supremacy Nationall Covenant and Protestation
him and then the Mayor conducted them all to Christ-Church where the Commons Councel of State General and his Officers together with the Mayor Aldermen and Common Councel c. mocked God with their Devotions where Mr. Tho. Goodwin and Mr. 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 bring admitted without delivering his Ticket They were all strongly guarded with Souldiers and every Cook had an Oath given to be true to them which shâ—wed they had more of fear and guilt thah of confidence and innocency within them Great Presents of Plate given to his Excellency Fairfax and to his Super-excellency Cromw l and to others fit to be chronicled in Stowâ— and Hollingsheads Volumes 177. A necessary advertisement to all honest Presbyterians See K. Charles the first his book The Portraicture of his Majesty in his solitudes sufferings Some over-hastily expect the King should satisfie the Presbyterians by his Declaration but the height of the Independents malice their guilty fears are such as may endanger the d awing on a Massacâ—e upon them by such a course amongst other solemn Fooleries let it not be omitted that Hugh Peter and many other Saints were too full of the Creature anglice Drunk I am to give a necessary advertisement to all men that though the young King shews much respect and a desire of reconcilement according to his dead Fathers never-dying precepts to all moderate men and Presbyterians that make Addresses to Him yet it is complained of by some who look not into the undermining 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 Royalist are either some passionate light-brain'd men of little discretion and less power with him or else some false-hearted Penâ—ioners to our new State and such as have under-hand an Indemnity for their own Estates in England who stand like Scar-crows about His Majesty to fright away such as return 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 Sovereign both by the Laws of God and the Land and Gods Vice-gerenâ— 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 again our Religion Laws and Liberties our Wives Children and Estates Trading Husbandry peace and plenâ—y now held in more than Aegyptian bondage by our cruel bloody and thievish Task-masters See a Book entituted His Majesties gracious Messages for peace Mr. Pryns Speech 5. Dec. 1648. in the House And the secured Members Reply to the Councel of War Remember his deceased Majesties gracious Messages frequently sent 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 Olygarchical legal Tyranny by adding His Royal Assent to their wicked Demands tendered to Him but two dayes before His Translation from this valley of teares Remember His Posthumus Book to His Son full of Precâ—pts savouring meerly of piety Christian wisdom charitie and forgiveness to His very Enemies and then judge whether our late King or our usurping Kinglings now scratching and tearing us making one War beget another 1 King 3. perpetuating an Army and domineering over us by the power of the Sword were the natural Parent whose bowels yearned upon this now Orphan Child the English Nation dying and expiring under this new Corporation of Tyrants Oath of Allegiance and Stat. of Recognition 1 Jacobi the putative Patent which overlayed it He that acknowledged Allegiance to the Father cannot deny it to his Son as having sworn to hear faith and true Allegiance to the King his Father and to his lawful Heirs and Successors which our usurping Hogens Mogens cannot pretend to be so that as well for duty and conscience to God and their own Souls as for a necessary and just protection of their lives and estates all honest and wise men ought to cast themselves into the Arms of his Dâ—ead Majesty our present KING as the only sanctuary of their salvation and not suffer themselves to be so far mis-led by vain reports as to be more afraid of their cure than of their disease Stultorum incurata pudor malas ulcera celat Sâ—lomon 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 own people with fatherly compassion for examples sake and a Usurper wounding killing and robbing those which are none of his own his fellow-servants for his lust and lucre sake I will set down a short Abridgement of our own famous Dictum de Kennelworth and first the occasion thereof which was thus Simon de Montford Earl of Leicester conspiring with many other great men rebelled against Henry 3. pretending after the manner of all Rebels Reformation of publick Grievances He overthrew the King in battel took Him and his Son Prince Edward Prisoners the Prince after a while escaped out of Prison raised an Army overthrew and slew in the Battel of Evesham Simon Montford subdued the whole Party rescued and re-inthroned his Father Cummissions were sent forth to prevent future troubles and settle mem minds grown desperate with fear what horrid punishents 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 pf it No man bled to death for it but in the field the blood of war 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 not unto destruction though the known Laws called them Traitors See the late History of the Marquess of Montross what gentle use he made of his Victory after he had subdued the strength of Scotland at Battel of Kylsythe and put them into his power for life lands and goods they were but once punished not always tormented and kept upon the rack after the late custom of our fellow-Servants and Subjects who will never suffer the partition-wall between us to be thrown down England once more to become one Nation and one people and our broken bones to
to go serve the Spaniard as his Majesty had promised the two Spanish Ambassadors 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 blood of above 100000 Protestants who perished in that War 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 War kindled in England the Author confesseth it was a fatal 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 four parts in five of the Lords and two parts in three of the Commons should be frighted away by Tumults raised by Ven and Bourges and a Design to seize the Kings Person yet it is fit it should be remembred 1. What reiterated Messages his Majesty sent offering to return if there might be a course taken to secure his Person with those Peers and Commons rioted away 2. That there was not the least motion towards War until 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 Counsellors 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 years after to keep Him from His Parliament 5. Who interdicted Trade first and brought in Forreign Force to help them and whose Commissions of War were near upon two years date before the Kings 6. That in all His Declarations He alwayes protested He waged not War against the Parliament but against some Seditious Members against whom He could not obtain Common Justice 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 freedome of Trade from Town to Town A cessation 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 aim 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 Chief pawn'd their Souls to Him thereupon 10. That to settle Peace the King did in effect by His Concessions part with His Sword Scepter and Crown and every thing that was personal to Him 11. With what admired Temper Prudence Constancy He comported Himself in His Afflictions and how many of His engaged Enemies became His Converts thereby speaking Panegyricks in His praise 12. That though there be some precedents in our Histories for Deposing Kings in point of Competition for the Crown yet it is unexampled That a King of England of an undoubted Title should be Summoned Arraigned Tryed Condemned and Executed at His own Door by His own Subjects and by the Name of their King to whom they had sworn Allegiance Contrary to the whole Current of the Law which saith The King can do no wrong The Crown takes away all defects Wherefore it was adjudged superfluous to take off Attainders under which Hen. 7. and Queen Eliz. lay because the Crown wiped off all Blots Rex non habet Parem in suis Dominiis nec Superiorem satis habet Rex ad poenam quod Deum expectat ultorem If therefore by the Laws of the Land all men must be Tried by their Peers and the King have no Peer what power had these Men to Arraign their King to be both His engaged Enemies Accusors and Judges and to Erect an unpresidented Tribunal without the least Foundation in Law with power and purpose to condemn all that came before it and that Sentence of Death should pass without conviction or Law against the Head and Protector of our Laws and Fountain of Justice and Mercy 13. That they who by their own Confession represent but the Common People should assume power to cut him off who immediately represented God 203. Mr. Pryns excellent Book entituled A legal Vindication of the Liberties of England illegal axes and pretended Acts of Parliament abridged in part but the whole commended to be seriously read by all men About the same time Mr. William Pryn Assigned his Reasons why he could neither in Conscience Law nor Prudence voluntarily submit to pay the Arbitrary illegal Tax of 90000 l. a Month imposed upon the People by a pretended Act of the Commons bearing Date 7. of April 1649. towards the maintenance of Forces to be continued in England and Ireland Because by the Fundamental Laws and known Statutes of this Land No Tax c. ought to be Imposed or Leavied but by the Will and common Assent of the Earls Barons Knights Burgesses Commons and whole Realm in a free and full Parliament See Magna Charta 29 30. Stat. 25 Edw. 1. chap. 5 6. 34 Edw. 1. De Tallagio non concedendo c. 1. 21 Edw. 3. Rot. Parl. nu 16. 25 Edw. 3. c. 8. 36 Edw. 3 Rot. Parl. nu 26. 45 Edw. 3. Rot. Parl. nu 42. 11 Hen. 4. Rot. Parl. nu 10. 1 Rich. 3. c. 2. The Petition of Right and Resolutions of both Houses against Loans 3 Car. The Votes and Acts against Ship-money Knighthood Tonnage and Poundage and the Star-chamber this Parliament 17 18. Car. agreed to by Mr. William Hackwel in his Argument against Impositions Judge Hutton and Crock in their Arguments Mr. Saint Johns in his Argument and Speech against Ship-money with others Arguments and Discourses upon that subject Sir Ed. Cock in his 2 Instit pag. 59. 60 527 528 529 532 533. But this Assessement was not so legally imposed Ergo I nor no man else ought to pay it 1. This Tax was not imposed by any Parliament The late Parliament being actually dissolved above two months before this pretended Act was passed for imposing it by the Murder of the King as is resolved by the Parliament 1 Hen. 4. Rot. Parl. nu 1. 4 Hen. 4. and 1 Hen. 5. Rot. Parl. nu 26. Cooks 4. Institutes p 46. 4 Edw. 4. 44. 6. For the King being both the Beginning End and Foundation of Parliaments according to Modus tenendi Parliamentum and Sir Edw. Cook 4. Instit p. 3. which are Summoned and Constituted only by his Writ the Writ is actually abated by his Death 1 Edw. 6. c. 7. Cooks 7. Rep. 30 31. Dyer 165. 4 Ed. 4. 43 44. 1 Ed. 5. 1
manners with new principles Anglia Rediviva p. 247. tells us that about Woodstock private overtures were made by some from Court for receiving his Majesty who was minded to cast himself upon the Army but such was their faithfulness in that point that conceiving it derogatory to the honour and power of Parliament for his Majesty to wave that highest Court and address himself to any others and therefore inconsistent with their trust and duty being servants of the State they certified the Parliament thereof and understanding it to be against their sense also they absolutely refused to be tampered with Oh how faithful then how perfidious and Cromwellized are they now let their frequent tampering with the King and His Party to the amazement of the Kingdom and the abusing of the King testifie Read Putney Projects written by a considerable Officer of the Army and a friend to Cromwel though not to his false practices 14. Their project to keep the Parliament in Wardship Having thus gotten the King the first and most visible legal authority of England into their possession their next design is to get the Parliament the second legal authority of England into their power 15. Purging the Houses again This could not be effected but by purging the two Houses of Presbyterian Members especially the most active and such as had laboured their disbanding that an Independent Parliament and Army might govern the Kingdom In order to which design they sent to the House of Commons in the name of Sir Thomas Fairfax and the Army 16. Accusing the 11. Members a general and confused Charge of High Treasons and other mis-demeanours against eleven Members for things done for the most part in the House and many of the principal such as the House had long before examined and acquitted them of and such as the whole Kingdom knows Cromwel and Ireton to be apparently guilty of as Trucking with the King c. One cheif Article insisted upon in the Charge was That by their power in the House they caused the Ordinance for Disbanding this Army to pass Here you see where the shooe wrings them This Charge was not subscribed by any informer that ingaged to make it good or else to suffer punishment and make the House and the parties accused reparations as by the Stat. 25. Ed. 3. c. 4. 27. Ed. 3. c. 18. 38. Ed. 3. c. 9. 17. R. 2. c. 6. 15. H. 6. c. 4. but especially by 31. H. 6. c. 1. concerning Jack Cade which comes nearest this case ought to be and they professed in the 2. 3. 4. Article of their Charge That they were dis-obliged and discouraged from any further engagement in the Parliament service or Irelands preservation And demanded the House should forthwith suspend the impeached Members from any longer sitting and acting Whereupon the House after full debate in a full and free Parliament Resolved June 25. 1647. That by the Laws of the Land no judgment could be given for their suspention upon that general Charge before particulars produced and proofs made Yet the Army which had now learned only to acquiesce in their own prudence and justice insolently threatned to march up to Westminster against the Parliament 17. Threats to march up to London in case the said 11 Members were not suspended and courted the City of London to sit Newters 18. London solicited to fit Newters and let them work their will with the Parliament The 11. impeached Members therefore modestly withdrew to free the House from such danger as they might incur by protecting them as in Justice and Honour they were bound to do After this the Army sent in their particular Charge and libellously published it in print by their own Authority To which the 11. Members sent in and published their Answer Upon which there hath been no prosecution because they pretend first to settle the Kingdom bâ—t if they stay till these fellows have either authority will or skill to settle the Kingdom they shall not need to make ready for their tryal till Dooms-day Here you have a whole Army for Accusers and the chief Officers of the Army being Members of the House not only accusers but parties Witnesses and Judges and carrying the Rules of Court and Laws by which they judge in their Scabards And the Charge of Impeachment such as all men know mutatis mutandis are more suitable to Cromwells and Iretons actions than the accused Parties If the proceeding in the Kings name against the 5 Members mentioned in The exact Collection part 1. p. 38. were Voted A Trayterous design against King and Parliament and the arresting any of them upon the Kings Warrant an Act of publick enmity against the Common wealth How much more Treasonable were these proceedings and the Armies March towards London to enforce them and their arresting Anthony Nichols having the Speakers Passe and leave of the House Colonel Burch being upon service of the Parliament going for Ireland and Sir Samuel Luke resting quiet in his own house 19. The first occasion of quarrel against the City Whilst these things were acting Cromwel finding he could not have his will upon the Parliament but that he must make the City of London who had denied the neutrality his Enemies cast about how to cheat the Country people of their affections for to have both City and Country his Enemies in the posture his Army was then in 20. Courting and cheating the Country and all other interest to lull them a sleep till the Grandees had wrought their will upon the City and Houses was dangerous he therefore by many Printed Books and Papers spread all England over by his Agitators and by some Journey-men Priests whose Pulpits are the best Juglers boxes to deceive the simple Absolom-like wooeth them to make loud Complaints of the pressures and grievances of the People to neglect the King and the Parliament and make Addresses to the Army as their only Saviours the Arbitrators of Peace Restorers of our Laws Liberties and Properties Setlers of Religion Preservers of all just interests pretended to settle the King in his just Rights and Prerogatives to uphold the Privileges of Parliament 21. Petitions to the Army and for the Army establish Religion to reform and bring to account all Committees Sequestrators and all others that had defiled their fingers with publique money or goods To free the people from that all devouring Excise and other Taxes to redresse undue elections of Members To relieve Ireland Things impossible to be performed by an Army and now totally forgotten so that they have only accepted of their own private demands as Souldiers That the Parliament should own them for their Army Establish pay for them put the whole Militia of this Kingdom and Ireland both by Sea and Land into their Hands and Vote against all opposite Forces But they are now become the only Protectors of all corrupt Committee-men Sequestrators Accomptants to the State and all other
to bring in an Ordinance of Accommodation which was suddenly done and passed and is now printed at the latter end of the said menacing Remonstrance of the Army a Child fit to wait upon such a Mother 42. Debate in passing the Ordinance of null and void Thus was this Ordinance of null and void gotten which hath been the cause of so much danger and trouble to multitudes of people by the Lords reiterated breaches upon the Privileges of the House of Commons The engaged parties threats within dores The Armies thundring Letters and Remonstrance Their Guards upon their doors and a Regiment or two of Horse in Hide Park ready to make impressions upon the House in case things had not gone to their minds diverse of whose Commanders walking in the Hall enquired often how things went protesting they would pull them forth by the Ears if they did not give speedy satisfaction Thus for the manner of passing that Ordinance The matter of Argument used against it was as far as I can hear to the purpose following It was alleged that the Force upon Monday 26. July ended that day that the next day being Tuesday the House met quietly and adjourned that upon Friday following the Houses sate quietly all day and gave their Votes freely and so forward the City having sufficiently provided for their security that the transient force upon Monday could have no influence on the Houses for time to come That the Supreme power of no Nation can avoid their own Acts by pretended force this would make the Common people the Jurors and Judges to question all Acts done in Parliament since one man can and may judge of force as well as another this were to bring the Records of the House into dispute Magna Charta was never gotten nor confirmed but by Force Force was three-fold upon one or both Houses or upon the King in giving his Royal assent neither could plead it the Parliament is presumed to consist of such men as dare lay down their lives for their Country When the King came with force to demand the 5. Members When the City came down crying for justice against the Earl of Stafford When the Women came down crying for Peace When the Reformadoes came down in a much more dangerous Tumult than this of the unarmed Apprentices yet the Houses continued sitting and acting and none of their Acts were nullified That to make their Acts Orders and Ordinances void ab initio would draw many thousand men who had acted under them into danger of their lives and fortunes who had no Authority to dispute the validity of our Votes we must therefore give them power to dispute our Acts hereafter upon matter of fact for to tie men to unlimited and undisputable obedience to our Votes and yet to punish them for obeying whensoever we shall please to declare our acts void ab initio is contrary to all reason If to act upon such Ordinances were criminal it was more criminal in those that made them And who shall be Judges of those that made them not the Members that went to the Army They are parties pre-ingaged to live and die with the Army and have approved the Armies Declaration calling those that sate a few Lords and Gentlemen and no Parliament They have joyned with a power out of the Houses to give a Law to and put an engagement upon both Houses a president never heard of before of most dangerous consequence it takes away the liberty of giving I and No freely being the very life of Parliaments If all done under an actual force be void it it questionable whether all hath been done this four or five years be not void and whether his Majesties Royal assent to some good Bils passed this Parliament may not be said to have been extorted by force If the Kings partie prevail they will declare this Parliament void upon the ground your selves have laid Fabian's History 1. Hen. 7. that King urged the Parliament to make void ab initio all Acts passed Rich. 3. which they refused upon this ground that then they should make all that had acted in obedience to them liable to punishment only they repealed those Acts. The debate upon this Ordinance of Null and Void held from Monday 9. of Aug. to the 20. Aug. when it was passed but not without some interloaping debates of something a different nature yet all looking the same way occasioned by Messages from the Lords 43. The Lords Message to the Commons to approve the Declaration of the Army Namely once upon a Message from them The said Declaration from Sir Thomas Fairfax and his Army concerning their advance to London was read and debated in grosse whether the Commons should concur with the Lords in approving it But almost all but the ingaged party and their pensioners distasted it it was laid by without any question put lest it should prove dangerous to put a Negative upon their Masters of the Army Yet many menaces according to custome were used by the engaged party to get it passed Haslerigge affirming that those Gentlemen that sate and voted for a Committee of safety and the Kings comming to London 44. The Committee of safety did drive on the design of the City Protestation and Engagement To which was answered That the Committee of safety was not then newly erected by those which sate but of the old Committee revived by that Vote which had been long since erected in a full and free Parliament when the Army first mutined and threatned to march to London and for the same ends defence of Parliament and City and for the Kings coming to London it was Voted onely to get him out of the power of the Army as formerly in a full and free Parliament he had been Voted to Richmond for the same reason Upon another Message from the Lords 45. A Committee to Examine the Tumult the Commons concurred in an Ordinance to erect a Committee of Examination to inquire into and examine the City Petition Engagement and the force upon the Houses 26. July all endeavours to raise any forces c. This Committee consisted of 22. Commons besides Lords almost all of them Members engaged with the Army but because there were some three or four Presbyterians gotten in amongst them to shut these Canaanites forth that the Godly 46. A Sub-committee of secrecy selected to examine the Tumult the true seed of Israel might shuffle the cards according to their own mind the 13. August after upon another Message from the Lords there was a Sub-Committee of Secrecy named out of this Grand Committee of Examinations to examine upon Oath the persons were the Earl of Denbigh and Mulgrave Lord Gray of Wark Lord Howard of Escrig Sir Arthur Haslerigge Mr. Solicitor Gourdon Miles Corbet Alderman Penington Allen Edwards Col. Ven or any three of them all persons engaged to live and die with the Army and now appointed to make a clandestine
of one and the same desperate way of cure may joyntly have the same friends and foes and the same sins and quarrels to defend 8. Friday 16 June 1648. I was told the Committee of Derby house had lately received a Letter from Col. Hammond Governour of Carisbrook Castle informing them That unlesse they supplied him with Mony and Men he could give no good account of the King in case the Revolted ships should attempt his rescue and farther That he had matters of great importance to communicate to them but durst not commit them to Paper but if they would send for him up or send a Confident of theirs to him he would impart them This may probably be the businesse whereof Osburne gives information in his said Letters and it may be Mr. Walker had heard of this report in the Hall as well as my self and might have the same conceit of it that I have if it be lawfull for me to take measure of another mans judgement by my own 9. Lastly who knows whether a powerfull desperate party may have a design to take away the Kings life and then declare his two eldest Sons uncapable of Government supposing they deserted the Kingdom and invited forreign States to invade it and then Crown the Duke of Gloucester and so abusing his tender years usurp the protection of him and under colour of that authority establish by degrees their own usurpation and the peoples slavery having subdued their spirits by a long and customary bondage under them and having filled all places of power profit and preferment in the Kingdom with men of their own principles and Interests their own creatures and Confidents This Army last April in their Council amongst other things debated The Deposing of the KING why not murdering as well since few Kings are deposed and not murdered Dis-inheriting the PRINCE and Crowning the DVKE of YORK which was then approved of by Cromwell and Ireton Why may they not now dis-inherit both the elder Sons and Crown the Duke of Gloucester as well See the excellent Remonstrance of the Colchester Knights and Gentlemen 1648. which I have Printed herewith for your satisfaction That some such design might be to make away the KING and dis-inherit the PRINCE may well be suspected because the 12. day of July upon information That the Prince had sent into England some Blank Commissions to List men Weaver an Implement of the Army and Son to an Ale-house-keeper in Wilish moved the House of Commons to Vote the Prince a Traytor c. And I hear that Mr. Solicitor contrary to his Oath and duty of his place refuseth to be of Council against the said Rolf this Gentleman the Solicitor hath got above 300000 l. by keeping open shop to sell the cruell mercies of the new Great Seal to the Royalists 97. Trinity-house Petition for a Personal Treaty The 29. June A Petition was delivered the House of Commons from the Masters of Trinity-house Masters and Captains of Ships and Sea-men for a Personal Treaty with the KING declaring the great decay of trade to the undoing of many thousand families and that they would not fight against the revolted ships their Brethren who desired but the same things with thâ—â— Tho. Scot said That the Surrey-men first delivered a Petition for a Personal Treaty which was seconded by the Kentish-men in Armes and they by the City of London that all this was a design to ruine the Godly party That he had read of a Man who being asked when he was young Why he did not marry Answered It was too soon and being asked the same question when he was old Answered it was too late So he was of opinion there could be no time seasonable for a personal Treaty or a Peace with so perfidious and implacable a Prince but it would always be too soon or too late He that draws his sword upon his King must throw his Scabbard into the fire All peace with him will prove the spoil of the Godly To which was Answered That some men got well by fishing in troubled waters and accounted peace their spoil because war was their gain and they looked upon a Personal Treaty as a design against them under the notion of the Godly Honest Confiding party because a Personal Treaty was the high way to peace But the generality of the people who were despoyled of their Estates by the War resolved upon a Personal Treaty without which there is no hope of Peace they would no longer be made fuel to that fire wherein these Salamanders live nor any longer feed those Horse-leeches the Army their engaged party and Servants with their blood and marrow It now appears who desire a new War namely those Zealots who supply their indigent fortunes by War These men fear peace doubting they shall be forced to disgorge what they have swallowed in time of War Ven Miles Corbet Hill the petty Lawyer of Haberdashers hall the two Ashes Col. Harvy and many other thriving Saints opposed a Personal Treaty so their Petition had no successe I hear that not many days after the Committee of Derby house to take off this affront imployed Col. Rainsborough the quondam Neptune of our Seas to go up and down and solicit the Common sort of Marriners to subscribe and present the House of Commons with a counter Petition wherein they offered to live and die with the Parliament c. and that Rainsborough gave 12 d. a piece to as many as subscribed it This Petition was delivered The 2 of July 98. The City Petitions for a personal Treaty and after that upon occasion of the City Petition for a Personal Treaty in London upon the 5 of July the House of Commons again took into debate a Personal Treaty They spent much time upon the place where 1. Whether in the Isle of Wight which the Independents principally affected 2. Holdenby which they next inclined unto 3. Or any his Houses not nearer than 10 miles of London at his own choice 4. Or in the City of London Which two last places the Presbyterians approved of but chiefly London for London it was argued That the Common Council and Officers of the Souldiery would undertake for His safety against all Tumults In any other place he would be within the power of the Army who might probably take him away again as they did at Holdenby if they liked not the manner and matter of the Treaty London was a place of most Honor Safety and Freedom and would best satisfie the KING the Scots the people In all other places especially the Isle of Wight He would be still a prisoner to the Army and therefore all he should agree to would be void by reason of Dures Sergeant Wylde Answered That Custodia did not always in Law signifie Imprisonment Though He was under restraint of the Army He was not in Prison making a wyld kind of nonsense difference between Restraint and Legal Imprisonment which all but himself laughed at
latter grindeth the needy and poor Yet these are thy Gods O London these are the Idol Calves the People have set up and do worship these be the Molec to whom ye sacrifice Sons and Servants by Troops Regiments and Armies to maintain their soveraignty rebellion and profit And that these and other their actions may never be questioned they His Majesties loyal and obedient subjects will always Imprison their King continue their Army perpetuate their Parliament and intail their Member-ships as the Priesthood on Levi upon confiding Families to furnish them with Votes as Mr. Gilbert Gerrard and his 2 Sons Brampton Guidon and his 2 Sons Sir Robert Harley and his 2 Sons 3 Fines 2 Ashes 4 Stephens 4 Pelhams 4 Herberts 4 Temples it were endlesse to name the Father and the Son Brother and Brother that fils the House they come in couples more than unclean Beasts to the Ark 2 Vanes 2 Puries 2 Chaloners 2 Bacons 2 Pierpoints 2 Bonds 2 Onslowes 2 Lenthals c. And that our Ecclesiasticks may comply with our Temporal Governors the Houses abolish as superstitious because Legal the Convocation of learned Divines regularly summoned by the King 's Writ and duly elected by the Clergy and the House of Commons nominates an assembly of gifted Divines indeed wicked Simons that slander the Godly Onias 2. Mac. 4. to out him of his Priests place so that at this day there is not one Assembly-man but is illegally thrust into anothers Benefice a Catalogue of whose names and Preferments expect shortly and with them a view of the Militia and Common-Council-men of London observing what Places Offices and salaries they have from the Houses of Parliament and then thou wilt know the reasons of their Votes and Actions in the City You see in part what the Grandees have done for themselves Consider after 8 years sitting what they have done for the people when amongst all their Propositions to the King for Peace hardly any one respects the good of the People but their own grandeur and profit They demand a Militia to keep up this Army upon us which is not the Kings to give No King of England ever governed by a standing Army They demand likewise power to raise what Forces for Land and Sea consisting of what Persons they please to presse and to raise what money to maintain them out of all mens Estates to be laid on at their discretion and as partially as they please so that they may favour one Faction and oppresse the other at pleasure for so much the Act for the Militia as it is penned imports and this is more than his Majesty hath power to grant The late Militia of Trained Bands and the Posse Comitatus under Sheriffs being the only legal Militia of England will not serve their turnes It hath always been the Policy of England to trust the Militia and sword in one hand viz. the KINGS and the Purse that should pay them in another viz. the PARLIAMENTS whereby one power might bound and limit the other For to put the Sword and the Purse into one hand is to make that hand absolute Master of our Persons and Estates and so reduced us to absolute slavery under the Arbitrary power of one man without appeal or redresse Awake and look about you good People THE END AN APPENDIX TO The History of Independency BEING A brief description of some few of ARGYLE'S proceedings before and since he joyned in Confederacy with the Independent Junto in ENGLAND With a Parallel betwixt him and Cromwell AND A Caveat to all his seduced Adherents CICERO Totius injustitia nulla capitalior est quam eorum qui cum maximè fallunt id tamen agunt ut viri boni esse videantur LONDON Printed in the Year 1648. AN APPENDIX TO The History of Independency BEING A brief description of some few of Argyle's proceedings before and since he joyned in confederacy with the Independent Junto in ENGLAND With a Parallel betwixt him and Cromwell AND A Caveat to all his seduced Adherents THe Covenant being at the first taking held to be the true Touchstone whereby the Religious Royal Subjects were discerned from all those who were unwilling to submit to the yoke of Christ in matters of Religion or to the just and lawfull Government of our dread Soveraign his Vicegerent now a subtil generation of men or rather Vipers in both Kingdomes who did take the Covenant and did magnifie it so long as it could serve them for a Ladder to mount to their intended Greatness being now at the top have kick'd away the Ladder and standing as it were on the pinacle look with disdain on all their old friends who out of the integrity of their hearts did for the good of Religion and His Majesties honour joyn in that solemn engagement it being far from their thoughts that their modest and humble desires for the Reformation of some abuses both in Church and State all which His Majesty in the respective Kingdoms did or was willing to cure should have struck so deep as to endeavour the overthrow of all lawfull Governments Civil and Ecclesiastical bringing instead of a promised Reformation in Religion a cursed Toleration of the most damnable Sects Errors and Heresies that ever Hell did send forth and for the Civil State instead of a well-setled Monarchy a most confused tyrannical Anarchy quite contrary to the words and meaning of the Covenant and the honest intentions of all true-hearted Religious and loyall Subjects in the three Kingdoms who did take that solemn Covenant with a purpose to keep it and of very many thousands who did never take the Covenant yet very good Protestants and loyall Subjects being more affrighted with the compulsory way of enforcing it on all than unsatisfied in the matter being introduced in a legal way none of these deserving the name of Malignants or to be so cruelly dealt with either for their persons or Estates as hath been too too common in both Kingdoms but the Covenant it self doth best decypher who are Incendiaries Malignants and evil Instruments viz. those who hinder the reformation of Religion who divide the King from His People or one Kingdom from another or make any Faction or Parties amongst the people contrary to the League and Covenant Yet by our new tenets none must be called Malignants but those that have loyall hearts towards their Soveraign though otherwise never so Religious and all of them with Master Martin would gladly make the Covenant an old Almanack that they might be rid of that tie of preserving His Majesties Person and Authority in the preservation and defence of the true Religion and Liberties of the Kingdoms that the world may bear witness with their consciences of their loyalties and that they have no thoughts or intentions to diminish His Majesties just Power and Greatnesse As the History of Independency hath discovered the practices of the Independent Junto so this Appendix will discover their chief Confederate in Scotland
take in them whose miseries we foresee but cannot help When I consider the intricacy of this my undertaking how perplexed it is how intangled with various changings counterchangings revolutions revoltings and betrayings of Parties such are all Civil Wars but especially those where the most uncivil and barbarous sort of men the dregs and lees of the People swim a top how full of divisions and subdivisions insomuch that they who are Friends and hold together in one Interest or Faction are Opposites in another Methinks my labour is as vain as his that attempted to take the Picture of Proteus or his that endeavoured to shape a Garment for the Moon When God brought a confusion but of Lips and Tongues upon Babel what man was able to reduce them into order again But God hath brought upon us a Confusion a Babel not onely of Lips and Tongues but of Heads Hearts Hands c. What Historian can finde a method in so universal a Chaos can draw light out of so palpable a darkness Besides I foresee my reward to be envy hatred malice contempt slanders sequestration beggery imprisonment and at last an Arbitrary death without any legal trial proceedings Jury Judges or Court or any known established Law to judge by Obsequium amicos veritas odium parit I have already followed truth so near at the heels although but a private retainer to her that almost all my teeth are secretly stricken out what dare they not now do openly against me since by murdering our King dis-inheriting his Posterity subverting Monarchical Government abolishing the House of Lords and perverting the House of Commons setting up new Representatives with Supreme and Legislative Power and new Courts and Jurisdictions against all Laws they Proclaim themselves Conquerours of King Parliament and Kingdome Victors of our Religion Laws Liberties and Properties and Triumphers over our Persons Wives Children and Estates since they profess their will and power to be the onely Laws and Rules of their doings and our sufferings But when I consider that as no mans inncency so no mans reservedness can protect him but that some men must dye according to Catilines rule to make up the number others to multiply confiscations others to satisfie private suspicions malice and revenge and they must dye to cement and foment this new erected Tyranny with their blood I thought it as easie and more honourable to dye waking and working for my God my King and Country than to dye sleeping and have my throat cut in a Lethargy I know these Schismaticks thirst as much after blood as they hunger after money and I am sure to be involved in the common and inevitable ruine of my Country why should I not rather perish for it now then with it hereafter It is more manly more noble more Christian Dulce decorum est pro patria mori was the saying of an Heathen why not of a Christian Religion Laws and Liberties lye now at stake why should not I come in for a Gamester It is a mixt cause and he that dyes for it is a Martyr He that fears Death must be a slave to those Tyrants that carry the Sword he that fears Poverty must be a Villain to those Judasses that bear the Purse but hee that fears God will borrow strength from him to contemn them both Thus putting my trust in God I put Pen to Paper and put my life into the scales where God I know holds the ballance he whose providence takes notice of a Sparrow falling from the house-top will watch over me and either protect me against them or receive me from them 2 An Introductory Repetition See my 1 Part of the History of Independency sect 7 8 9 10 11 13 14. Cromwel and Ireton by advice of their thriving Junto of Independents in the two Houses having mutinied the Army against their Masters the Parliament found that crime could not be defended but by committing greater wherefore they seized the Kings person at Holdenby to gain Authority with the People that they might the better subdue the Parliament to their lusts for the better expediting whereof Sect. 18 119. they courted the City of London to sit Neuters and let them work their wills with the Parliament which Myne not taking fire they united the schismatical party of the City and Country to them and all such as being guilty of publick cheats and spâ—â—ls desired the protection of the Sword to make good their rapines and accounted all men else as Enemies applying themselves to wooe and cajole the People easily wrought upon as being weary of the War and of the mis-government Factions confusions and oppressions of their new Masters the Parliament which indeed were very great but aggravated by them and their Agitators beyond the truth and the whole weight of them charged upon the more moderate and innocent party onely because they were their Opposites whereas had they set the saddle upon the right horse as sure as Judas bore the Bag the Independents must have rid before the Cloakbag they being the Publicans and Sinners that handled most publick treasure The Layers on Exactors Treasurers c. of Taxes the far more numerous and busie party in all Mony-Committees and gainful imployments Engrossers of all great Offices and the greatest sharers of publick money amongst themselves for Compensations for Losses and Rewards for Services pretended and consequently that Faction were the greatest Dilapidators of the Commonwealth 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 doors making a shew to redress those faults in other men which themselves are chiefly guilty of wherefore the better to ingratiate themselves with King and People they printed and published Ingagements Declarations Remonstrances Manifestoes Proposals and Petitions of their own penning and sent them by their Agitators and sectary Priests into all Counties for concurrence and Subscriptions the better to steal the respects of the People from the Parliament to themselves like Absolom they flattered the People to make Addresses and Complaints against publick Grievances to them onely Boasting themselves for the sole Arbitrators of Peace Restorers of Laws Liberty and Property Setlers of Religion Maintainers of the Privileges 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 with honour freedome and safety to his Person originally their own words Book of Declarations of the Army pag. 112. Represent of the Army at S. Albons June 23. 1647. B Decl. again p 64. Sir Tho. Fairfaxs Letter to the Houses from Reading July 6. 1647. B. Decl. again p. 75. Proposals of the Army Aug. 1. 1647. Putney Projects p. 13 14 43. and my Animadversions upon the Armies
the good opinion of the people and City and to keep them from stirring and to stay the moderate Party of the two Houses from Declaring the Army Enemies recalling and Voting their Commissions and established Pay void which they might have done with ruine to the Army and their Party in that Conjuncture of Affairs and with safety to themselves and applause of all honest men of England that had taken part with the Parliament from the beginning had not some Grandees of the rigid Presbyterian party both within and without the Houses some cursed thing some Achans wedge in their bosomes which suggested Their sins were greater than could be forgiven and therefore they durst not cast down the partition-wall between them and the King this Army though it lean so hard upon them it is ready to overwhelm them War is necessary for some men of every Faction whose crying sins peace will lay open and naked to the scorn derision and detestation of the world How well these sanctimonious Sword-players of the Army have observed the Duties and Undertakings of their said Humiliation let the world judge Have they not returned again with the Dog to the Vomit have they not cozened God and their own Soules Sure they fasted from sin then that they might sin with the more greedy appetite now and asked God forgiveness of the old score that they might sin again upon a new score Thus you see the two Treaties in the Isle of Wight were begotten by fear and that Idol of the Independents to which they offer up all their knaveries necessity They were Cockatrice Eggs laid by their Grandees when they had been Crow-trodden by Armies from abroad and Tumults at home See my 1. part sect 65 66 105 106 107 and the Conclusions there Sect. 16 17 18. upon which they sâ—te abrood onely to hatch Scandals and new 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 Kingdom of the Brambles which since doth scratch the wool from off the skin the skin from off the flesh and 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 whole mystery of the 2. Treaties with the King in the Isle of Wight with the causes efficient and final of them under one view lest some one link of the Chain escaping your observation it become a Chain of errors to you My first part of the History of Independency ends with that which was but an unlucky preface to a Treaty with the King 3. Hamilton overthrowne 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 wherein he relates the number of the Scotish Forces farre differing from the former Report of Lieut. Col. Osborne a Scottish Gentleman made in the House of Commons July 20. Sect. 110 111. whereof I have spoken in my first part who to take away the terror of them estimated Hamiltons and Langdales conjoyned forces to be but 10000. and it was 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 was very strange and Exceedingly to be suspected especially by any man who hath heard or read of Bayly's former demeanour in his own Country at Kylsythe and Auforte Kirke It was little better than a beating up of Quatters for 20. miles together for so far the Scots Army lay scattered in their Quarters the Horse so farre distant from their Foot they could bring them no seasonable reliefe Sir Marmaduke Langdale with his small Party drew forth and made an honourable resistance had he been timely and strongly seconded on the Scotish Party the Fight began at Preston in Lancashire where the Duke being worsted retreated to Wigon from thence to Warrington thorow Lanes and Fastnesses where Bayly Lieut. General of the Scotish Foot being strongly quartered upon a Bridg and Passe yeilded up 6000. Foot and Armes without fighting and so ruined his whole Infantry from Warrington the Duke fled with 4000. Horse to Namptwich from thence to Vtoxeter where his manner of yeilding himselfe to Colonel Wayte a Member of the House of Commons take out of Waytes owne report in the House who 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 Wayte to know whether he named any Wayte Answered that Hamilton was â— sâ—btilâ— politique Lord and no doubt for the saving of his owne life would do that in more convenient time Hereupon a Committee all of Canibal Saints was presently packed and ordered to go downe and examine the Duke but no particulars could they get from him which was an honourable silence and made amends for his former lavish speech It was happy the Prince did not trust himself in the Head of this Army Had Hamilton marched immediately to Colchester or but to Pontâ—fract which he might easily have done Lambert his onely Opposite still retreating before him the whole Country had risen with him But he knew the Presbyterian party had rendred themselves contemptible and he as much contemned the Independents therefore he foreslowed his march willing Cromwell and Fairfax should subdue all other Parties and that he onely might have Armes in his hands to bring in the King upon his own tearmes this over-confidence undid him He was too much a States-man and too little a Souldier 4. The insolency of the schismaticall Members upon report of the Victory This Victory did worke like Botled-Ale with Scot Thomson Cornelius Holland Sir Henry Mildmay and many others of the light headed Saints who were so puffed up with the windinesse of it that they began to swell with disdaine and malice against the Personal 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 only meanes of peace and a settlement mock- 5. The wiser sort subtilly continue a mock-Treaty But the wiser sort more crafty to doe mischiefe knowing that the people were weary of Taxes and the Army and had no hopes of peace but by a Personal Treaty and were resolved to purchase peace although at the price of a new VVarre that Colchester Pontefract Scarborough and
a Corporation of Tyrants suspect an opposition from the Levellers and would faine turn 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 strain courtesie with their Betters and would have them go first thinking the seeds of liberty and equality will prosper better in the soyle and aire of England While they were 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 Wight during the Treaty the King had recovered that Kingdom intirely to himself which had bin of great advantage to him The 20. Novemb. 1648. Col. Ewers with seven or eight Officers more presented at the House of Commons Barre a thing called by those that use to miscal things An humble Remonstrance of the Army It is founded upon these five Anarchical Principles 1. That themselves and their faction only whom they call exclusively the Well-affected Godly Honest Party the Saints are the People of England all the rest but Philistines Amorites or at the best but Gibeonites 2. That their Interest only is the publick Interest of the People 3. That the People that is themselves are the only competent Judges of the peoples safety contrary to the Lawes and Practice of all Nations which bestow that Prerogative only upon the Supreme Magistrate but it may be here lies hid another subsequent principle That they are the Supreme Magistrates armed with Supreme Authority as well as with their Swords and hereupon they as good as tell the House That if their supposed dangers be not removed and those remedies which they Remonstrate admitted they shall make such appeal to God that is their Sword as formerly they have done 4. Principle is consequential 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 whatsoever under colour of the much abused Maxime Salus Populi Supremae Lex esto the safety of the People is the Supreme Law which hath been the fruitful Mother of many Rebellions in all Ages to serve the corrupt ends of ambitious Persons who usually fish in troubled waters to attaine to those ends which they could never arrive at in setled Governments This is a Principle or new light discovered by Major 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 imploy as much in this Remonstrance p. 45. saying It cannot be safe to accommodate with the King because if He returne and this Parliament continue long and unlimited He will make a Party amongst them He hath bid faire for it among the Commons already and the Lords are his owne out of Question and therefore we dare not trust the King amongst them Againe they say That if the King come into the Parliament He will 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 will be looked upon as Oppressors and the jealousies and discontents of the People be increased against them and make them apt to joyne issue with the Kings interest and may yeild us up a sacrifice to appease the King and his Party out of these words and their owne practice I concluded for them ergo They may carry on their designe upon necessity for self-preservation against the Monarchical Government and Law of the Land to murder the KING as they have since done Againe they say If the King were returned each Party would strive first and most to comply with Him ergo there is a necessity to subvert the Kingdome and murder the KING Behold what use these cowardly Saints make of necessity and self-preservation 5. That they may appeale to their Sword against the Authority of any their Governours in order to publique safety which two last conclusions set the door wide open to Faction and Rebellion since the People are ever floating and given to change and every turbulent ambitious Fellow is apt to raise them into a storme against their Governours for their fabulous assertions wherewith these Saints usually guild over their foule actions 1. That the Houses were free when they passed the 4. Votes for Non-Addresses 2. That they were not free when they recalled them 3. That the People were quiet and contented untill the recalling those 4. Votes and afterwards were unsetled and presented clamorous Petitions 4. That the Army did not apply themselves to the King untill he proffered himself to them 5. That when they made Addresses to Him it was but to prevent the Presbyterian Party But it appeares their ayme from the beginning was to suppresse the Presbyterian and advance their owne Party and lay by the King and domineer over Him and the Kingdome for when Cromwel had brought his Designe to perfection he said at Kingston That he was 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 two sorts all founded upon the said five Antimonarchical Principles The first for satisfying publique Justice that is for the Hang-man to teach the Judges who they shall sentence to execution 1. They demand the Person of the King may be brought to speedy Justice this affront they put upon the Parliament when they were neer conclusion of their Treaty with Him when 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 fundamental Government and Lawes of this Land and consequently the Liberty and Property of the People their Deaths-wound By the Law of God nature reason and the Lawes of all Kingdomes impunity is an inseparable prerogative of Kings as they are Supreme in their Dominions See the Oaths of Allegiance Supremacy Stat. of Recognition 1 Jac. Cokes Institut 5.1 Stamford's Pleas of the Crowne l. 1 ch 1 2 Stat. 25. Edw. 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 power to hurt the Kings Prerogative much
his voice for chusing any Person to any the Offices aforesaid And that if any Persons comprehend under the aforesaid exceptions being chosen shall presume to sit in the Court of Aldermen Common-Councel or execute any of the aforesaid Offices he shall forfeit 200. And all such Elections to be null and void the Lord Mayor to take order that this Ordinance be read at all Elections and punctually observed and also to afford the liberty of the Pole it being required by any of the Electors present But this Ordinance not giving full satisfaction to the Zealots Skippon stood up Skippon moveth for an Addition to the said Ordinance and looking as demurely as if he meant to say Grace he told the House That the late Ordinance was not sufficient to keep Malignants out of Office in London for Mr. Speaker said he It is not enough to exclude Delinquents or the Abettors of the late Insurrections c. for there are a more dangerous sort of men amongst them They which promoted the Treaty and endeavoured to have the King brought to London except these be made incapable of Authority it will be a great discouragement to the Godly party of the City So an additionall Ordinance to this end was ordered to be brought in you fee to endeavour peace and settlement is accounted by these Saints militant a sufficient crime to forfeit a mans Birth-right 43. The Members subscribe John Gourdons Protestation sect 29. I formerly told you of John Gourdons motion That all Members might subscribe a Protestation against the Votes for a Treaty with the King in the Isle of Wight and especially against the Vote 5. Decemb. 1648. which declareth That His Majesties Answers to the Propositions of both Houses were a ground for the two Houses to procceed to a setlement and until such dissent or disapprovall to forbeare the House This was done in obedience to the demands of the Army in their Remonstrance presented 20. Novemb. 1648. Sect. 23. And although it be so clearly against the Orders and Priviledges of Parliament that divers members formerly and some this Parliament have bin suspended the House and committed to the Tower for offering it because it tends to breed factions and divisions in the House and Tumults without doors yet every request from an Armed man is a Command and must be obeyed The List of the Names of these new Protestants followeth and it is hoped they will in time give better Reasons then the power of the Sword for it 20. December 1648. subscribed The Lord Lysle Col. Boswel Io. Gourdon Lord Gray Peregrine Pelham Col. Jones Col. Temple Col. Ven Sir Tho. Malevourer Sir Thomas Wrothe Sir Jo. Bourcher Col. Peter Temple Humphry Edwards who waited on the King to the House when he demanded the 5. Members and his Election is adjudged void by a Committee Mr. Tho. Chaloner Sir Gregory Norton who gave a man 20 l. to wait on the King in his place as Pensioner when He demanded the 5. Members Michael Oldsworth Augustine Garland Sir Jo. Danvers Mr. Dove Mr. Henry Smith Mr. Frye whose Election is voted void Mr. Searle Nich. Love John Lysle Coll. Rigby Cornelius Holland Coll. Ludlow Greg. Clement Coll. Purefoy Coll. Stapeley Mr. Dunch Mr. Cawley Coll. Downes Jo. Carey Jo. Blackiston Tho. Scot Decemb. 22. Coll. Hutchinson Sir Hen. Mildnay Sir James Harrington Decemb. 25. Col. Edward Harvey Alderman Pennington Alderman Atkins Dan. Blagrave voted out of the House Coll. Moore Coll Millington Mr. Prideaux Roger Hill the little Lawyer Dennis Bond Coll. Harrington Master Hodges Master Valentine Sixteen of the imprisoned Members were about this time sent for by the General when they came out came Ireton 44. Sixteen imprisoned Members discharged without engagement and finding Mr. Pryn amongst them he chid the Martial for bringing him and commanded him to be taken away but Mr. Pryn refusing to depart Ireton commanded him to be thrust out by head and shoulders whereupon Mr. Pryn openly protested That the Army endeavoured utterly to subvert the fundamental Lawes of the Land and Priviledge of Parliament That they had no power over him nor any Member of Parliament That their late force acted upon them and their proceedings was illegal and traiterous That all men were bound to bring them to condign punishment as Rebels and Traitours to their God their King Country and Parliament So Mr. Pryn was removed by the Martial and Ireton went in once more to consult the Oracle and at last came out again to the Gent telling them It was the Generals pleasure they should be all released attempting nothing against the actings of this present Parliament and Army but said the insolent fellow let that be at your peril so the Gentlemen expressing that they would give no engagement were released without any The 22. Decemb. both Juntoes of foure Lords 45. A mock-Fast kept by the two Houses and Hugh Peters Comick Sermon and twenty Commons kept a mock-fast at Saint Margarets Westminster where Hugh Peters the Pulpit-Buffon acted a Sermon before them the subject of his Sermon was Moses leading the Israelites out of Egypt which he applied to the Leaders of this Army whose designe is to lead the people out of Aegyptian bondage But how must this be done that is not yet revealed unto me quoth Hugh and then covering his eyes with his hands and laying downe his head on the cushion untill the People falling into a laughter awakened him He started up and cryed out Now I have it by Revelation now I shall tell you This Army must root up Monarchy not only here but in France and other Kingdoms round about this is to bring you out of Aegypt this Army is that corner stone cut cut of the Mountaine which must dash the powers of the earth to pieces But it is objected The way we walk in is without president what think you of the Virgin Mary was there ever any president before that a Woman should conceive a Child without the company of a Man this is an Age to make examples and presidents in 46. The Councell of War vote a Toleration of all Religions Decemb. 25. The Councel of VVar voted a Tolleration of all Religions you see they vote like States-men as well as their Parliament 47. The Common Councel petition against Skippons additionall Ordinance in vaine About this time a Committee of Common-Councel-men came complainning to the House of Skippons additionall Ordinance That none should Elect or be Elected or execute the place of Lord Mayor Alderman Aldermans Deputy Common-Councel-man c. that had signed the Petition for a Personall Treaty c. because they found the City generally ingaged in the said Petition so that they could not find men enough to Elect or be Elected VVherefore it was referred to a Committee to think of a remedy worse than the disease as it proved afterwards You see the petitioning for a Personall Treaty was so universall and publique that it
the Parliament and the Liberties of the Kingdom and defend the Kings Person and Authority in defence of the true Religion and Liberties of the Kingdom they being under the said trusts and Oath march up to Westminster contrary to order in a hostile way forcibly secured secluded and drove away many of the Members the Question is Whether this Action be Justifiable 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 thiâ— Parliament 4. To set up a new Representative of their own which takes away all Parliaments 5. To have an Elective King if any These are their Honest intentions for publick 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 Laws of God and the Land under which they live and which they are engaged to maintain we shall produce no other Witnesses to prove this but themselves On the 15. of Novemb. 1647. The agreeement of the People which is lower in demands than these which they call Honest intentions for publick good was condemned by the Army The promoting it in the Army judged mutinous and capital 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 Extraordinarie Necessity for the same end To this we say 1. The Armie made the same plea of necessity in their Remonâ—â—rance June 23. 1647. upon quite contrary grounds to what they exp ess now and both to justifie the same viol nt proceedings against the Parliament then when the King was seized upon by a party of the Armie without Order from the House and the Army advanced against the Parliament They say in their Letter to the House July 8. 1647. There have been several Officers of the Army upon several occasions sent to his Majestie The first to present to Him a Copie of the Representations and after that some others to tender Him a Copie of the Remonstrance Vpon both which the Officers sent were appointed to clear the sence and intentions of any thing in either paper Turn back to sect 2. and see my Animadvers upon the Army 20 Nov. 1648. p. 4 5 6 7. whereupon his Majestie 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 June 1647. they say We clearly profess we do not see how there can be any peace to this Kingdom firm 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 Parliament thought it not reasonable the King should be sole Judge of publike necessity in case of shipmony Return to sect 18. where I set down six of their Principles though he hath now granted more to them then all the Armies Proposals then demanded of Him Thus they make this general 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 publike Necessity 2. This principle Necessity is destructive to all Government for as the General 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 General The Souldiers ' gainst their Officers any other 20000. men in this Kingdom against this Army and this Army as against this Parliament so against any other Representative or Government and so in infinitum 3. The Commons have their Authority from the Writ of Election though their election from the people See the Writ Cromton's Jurisdict of Court Tit Parliamen The Commons in Parliament are not accountable for the use of their trust to any but the House being Trustees of the People not by Delegation but by translation all the power of the people being transferred to them for advising voting and assenting according to their judgements not according to the judgements 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 In all new Elections there were 2. Independents chosen for one of any other principles Independents were then Commissioners for the Great Seal and delivered Writs to men of their own Party who had the advantage to keep them and chuse their own time to deliver them and Souldiers under colour of keeping the peace became great Sticklers in Elections That by the endeavours of some old Malignant Members 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 unless the major part of the House were alwaies such and before the new Elections It is not hard to shew that many of the Officers of the Army came in upon the last Elections and were 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 would 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 Kingdom and where the Parliament had the strongest footing Munster into the hands of Inchiquine a Native 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 â—ay 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 and less means to relieve them the Lord Lysle was not recalled from his Command there This Lo went late caried over 160000 l. for which he hath not yet accounted began a quarrell with Inchiqueen and put him into discontent and then returned See the Irish Letters and Papers to the the House in print but his Commission for Lord Lieutenant expiring 15. April 1647. on the 17. April he hoysed sayle for England after the Lord Lysles return for England the Lord Inchiquine did gallant service against the Rebels took many strong Holds from them and won the Battel 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 constituted 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 appear 2. Their endeavours to bring in the King upon His own Tearms without satisfaction and security to the Kingdom vâ—z 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 and by Ordinance 17. Decemb 1647. put an incapacity 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 honorable employment for the Forces of the Army to prevent such high distempers as have since ensued See my 1. part sect 16. 17. 18. and my said Animadversions pag. 2. neither were they legally impeached See Ardua regni or twelve arduous doubts written in defence of the expulsed Memb and the sa d Members Ans to the Armies Charge 3. That they endeavoured to protect the 11. impeached Members from justice and with them to raise a new Warre To this we say we gave them no other protection than the Laws allowed them For the mispending 200000 l. designed for Ireland we say that 80000 l. thereof was paid to Nicholas Loftus and others for service of Ireland and above 50000 l. 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 nevertheless pressed upon the House the more earnestly for their Arrears after the Declarations and Remonstrances published by the Army for paying the Arrears of all the Souldiers of England 4. Their countenancing abetting There was a close Inquisition of Godly Cut-throats purposely chosen to examine this Tumult which proceeded illegally and used so much foul play as to accuse men upon characters of their clothes persons yet malice it self 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 do every one of us for our selves respectively deny 5. The holding correspondency engaging and assisting the tumultuous Petitioners last Spring the rebellious Insurrections in Kent the Revolted Ships Prince of Wales with the Scots Army We do 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 wh t uâ—e they make of provid nce in the 1. part of Englands new Chains 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 upon 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 settlement 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 Kingdom 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 Design in bringing in the King Do they call their threatning Declaration and 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 appears 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
have no power nor authority to make or alter the Great Seale of England or grant any Commissions to any Commissioners Judges 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 and illegall and all the new Writs and proceedings in Law or Equity before any Judges Justices 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 Statute 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 Judges and Lawyers not taken away by any Statute Both which Mr. St. John in his Argument at Law concerning the Bill of attainder of high Treason of Tho. E. of Stafford published by order of the Com. House An. 1641. p. 8. 14. to 33. and 64. to 78. And in his Speech as 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 and 3. Instit c. 1. That the Commons now sitting in making a new Great Seale without the Kings Image or Style in granting new illegall Commissions to Judges 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 bloudy 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 Judges Justices 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 Judges Treasons in which there are no Accessories and lesse excusable than Strafford or Canterbury whom some of these new Judges 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 Kingdome of all Christendom into the puniest and most contemptible State in all the World and thereby to render us the most infamous perfidious 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 misdemeanours 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 not your safety About the same time and it is thought from the same Author came forth a Paper bearing the Title of 110. Six propositions of undoubted verity Another Paper 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 ¶ Six Propositions of undoubted verity fit to be considered in our present exigency by all loyall Subjects and conscientious Christians 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 Councel 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 Judges of the Kings Courts Justices 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 Kingdomes Dominions and Rights thereunto belonging was by inherent Birth-right and Lawfull undoubted succession and descent actually vested in the most Illustrious Charles Prince of Wales 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. Jacobi ch 1. and by all the Judges 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 blouds 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 fear 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
own such prodigious abuses should happen p. 19. It is said The Kings Revenue by a medium of 7 years was yearly 700000 l. The legall and justifiable Revenue of the Crown fell short of 100000 l. per annum I perceive this is all the Account the Common-wealth is likely to have from the Committee of the Kings Queens and Princes Revenue nor do I know what a pruning-hook that phrase legall Revenue may prove But I conceived all that Q. Elizabeth the Kings Father and Himself received had been His Revenue de jure I am sure it was de facto and the Parliament in their Declarations promised to settle a better Revenue upon Him than any of His Ancestors enjoyed neither did this nor any former Parliament complain that His Purse was grown too full or His Revenue too fulsome and if the Committe of the Revenues had enjoyed no more but their own legal and justifiable Revenue so many of the KING'S Servants and Creditors had not starved for want of their own p. 19. They very much aggravate Monopolies Patente and Projects I wonder they suffer so many Men guilty in that kind to sit in their House old Sir Henry Vane Sir Henry Myldmay Sir John Hypsley Cornelius Holland Laurence Whytakers c. p. 20. 2 Part of Englands New Chains discovered c and the Hunting the Foxes return to s 127. They speak against the Lords Negative Voice but not a word against the Councell of Warres Negative Voice who march up in hostile manner against Parliament and City and secure seclude and drive away 250 Members at one time if they vote any thing contrary to their Interest They speak likewise against the Lords Judiciall power over Commoners but have forgot what unjust and illegal use themselves attempted to make of the Lords jurisdiction against the 11 impeached Members the 4 Aldermen and Citizens p. 21. 1 Part. sect 45. 46 47 48 49 50 51 52 53 54. They excuse their receding from their Declaration of April 1646. they might have minded you of a Vote of a later Date had it made for their turn for Governing the Kingdom by King Lords and Commons To this it is said the King nor Lords could take no advantage thereof being a contract they never consented unto indeed it was never presented to them but I shall ask whether the people may not take advantage thereof for whose satisfaction this was Declared a generall grudge being then amongst them that the Parliament and Army would subvert the ancient Fundamentall Government p. 22 23. They answer an Objection that these great matters ought to be determined in a full House not when many Members are excluded by force and the priviledges so highly broker and those who are permitted to sit do act under a force To this is answered how truly let any man that hath read our Histories tell That few Parliaments have acted but some force or other hath been upon them I wonder they did not argue thus for the silly Tumult of Apprentices for Breach of Priviledges of Parliament They Answer It will not be charged upon the remaining party or to have been within their power to prevent it or repair it to this I reply that it is doubted the remaining party being the Army party contrived it in their Junto at Somerset-house for p. 23. it is acknowledged they called and appointed the Army for their Guard which was not openly done by a full House it must be therefore secretly done by a party See many Reasons for this conjecture before Sect. 24. Farther they say That the safety of the Kingdom ought to be preferred before priviledge of Parliament and that if their House had declined their dutie viz by not Acting they had resigned up all to ruine and confusion from whence should this ruine and confusion come but from their own Army which they perpetuate to eat up the Kingdom and continue their own power and profit and I wonder they did not use the same moderation after that childish Tumult of Apprentices but Declared all Acts c. passed from 26. July which 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 Judges of the force Treasonable they deny they sit now 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 and Herod were and were called to secure the Members and purge the House yet if the remaining party should Vote contrary to the Dictates of the Councell of War Quaere 2 Part of Englands New Chains and the Hunting the Foxes c. Whether they will not be used as uncivilly as the secured Members nay worse by being called to account for cousening the State p. 24. They say There is a cleer consistencie of our Laws with the present Government of a Republique I desire to know who by our Law can call or bold a Parliament but the KING who is Principium Caput Finis Parliamenti who is the fountain of Justice Honour Peace when we have no King who is Conservator of the Laws and Protector of the people where is the Supreme Authority to Vote it in their own case to be in a Representative of 50 or 60 Commons without legall proofs or precedents is to lead Mens reason captive as well 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 whom doth the Subject owe Allegiance and where is the Majesty of England when there is no King for all Treason is Crimen laesae majestatis contra debitam ligeanciam Therefore where by the known Laws no Allegiance is there is no Treason Lastly if our present Laws be so consistent with the Republique I desire to know why they did not Trie the 4 Lords legally at the Common Law by their Peers and Sir John Owen by a Jury of 12 Men of the Neighbourhood according to Magna Charta and other good Laws but were faine to put a Legislative Trick upon them and erect such a Court for the Triall of them as was 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 affairs and Government of other States so they hope none will intermeddle with them This assertion is as true as the rest it being well known that for about 3. years last pass'd they have boasted That they have many Agents in France who under colour of Merchandise vent Antimonarchicall and Anarchicall Tenents and sow seeds of Popular Liberty amongst the poor Peasants and Huguenots of France which they brag prospered well there their very
Brook Comission 19. 21. It appears by the Writs of Summons to the Lords Crompt Jurisdiction of Courts fol. 1. Cooks 4. Instit p. 9. 10. and of Elections Quere How a Parliament Summoned by the Writ of K. Charles I. and called Parliamentum Nostrum ad tractandum nobiscum super arduis negotiis regni nostri can be continued one and the same Parl. after the Kings death that called it and the Monarchy changed into a Commonwealth formally it cannot be the same the Head thereof being gone The Lords House and Monarchy being abolished and the State not the same materially it cannot be the same so many of the ancient Members being thrown out and new ones unduly elected brought in But there are some pragmatical Taylors in the House who can make a garment fit for all states of the Moon and a Parl. fit for all changes of the State and leavying their Wages That the Parliament was only Parliamentum nostrum the Parliament of the Kings that is Dead not of his Heirs and Successors They are all Summoned to come to his Parliament to advise with him nobiscum not with his Heirs and Successors of great and weighty Affairs concerning Nos Regnum nostrum Him and his Kingdome 5 Edw. 3. 6. part 2. Dors Claus Regist fol. 192 200. So the King being dead and his Writ and Authority by which they were Summoned and the end for which they were Called Ad Tractandum ibidem nobiscum super arduis negotiis nos statum Regni nostri tangentibus being thereby absolutely determined without any hope of revival The Parliament is determined thereby especially as those who have Dis-inherited his Heirs and Successors and Voted down Monarchy it self and the Remnant now sitting are no longer Members of Parliament as all Judges Justices of the Peace Sheriffs made onely by the Kings Writ or Commission and not by Patent Cease and become void by the Kings death for this very reason because they are constituted Justitiarios Vicecomites nostros ad pacem nostram c. custodiendum The King being dead his Writs and Commissions expire with Him 4 Ed. 4. 43. 44. Brook Office and Officer 25. Commission 19. 21. Dyer 195. Cook 7. Rep. 30 31. 1 Ed. 6. c. 7. Daltons Justice of Peace chap. 3. pag. 13. Lambert pag. 71. Object If any object the Act of continuance of the Parliament 17 Car. That this present Parliament shall not be dissolved unless it be by Act of Parliament for that purpose Answ It is Answered That it is a Maxim in Law That every Statute ought to be expounded according to the intent of those that made it and the mischiefes it intended onely to prevent 4 Edw. 4. 12. 12 Edw. 4. 18. 1 Hen. 7. 12 13. Plowdens Comment fol. 369. Cooks 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 clear dissolution of it to all intents not provided for by this Act but by any Writ or Proclamation of the Kings by his Regal Power without the consent of both Houses which I shall prove by the Arguments following 1. From the principal occasion of making the said Act. The Commons in their Remonstrance 15. Decemb. 1642. complain 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 Regal 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 Natural or Violent which is confessed by the Commons in the said Remonstrance Exact Collect. pag. 5 6. 14 17. compared together where they Affirm 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 Royal power in Dissolving of Parliaments 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 Publick 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 inconveniences 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 Royal Command to the Houses or their Speaker executed during his life-time See Parl. Rolls 6 Edw. 3. 2. Rot. Parl. 3. 6. 5 Ric. 2. n. 64 65. 11 Ric. 2. nu 14 16 20. 8 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 Cooks 4. Instit p. 25. Dyer fol. 203. 3. The Prologue of the Act implies as much whereas great summs of Money must of necessity be speedily advanced for relief of His Majesties Army not his Heir or Successor and for supplying other His Majesties not his Heires nor Successors occasions which cannot be so timely effected as is requisite without credit for raising the said Monies which credit cannot be attained until such Obstacles be first removed as are occasioned by Fears and Jealousies That this Parliament may be Adjourned Prorogued or Dissolved before Justice 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 Knighthood-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 onely to His late Majesty as to His Acts of Royal Power not to His Heires and Successors after His Natural much less 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 several Principal Scopes of this Act are fully satisfied long before the late Kings death 4. It is clear by the Body of this Act And be it declared c. That this present Parliament c. shall not be dissolved unless 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 unless it be by Act of Parliament to be passed for
Part. 2. chap. 5. pag. 735. Seconded by Cooks 4. Instit pag. 1 4 5 46 47 49. As he should admit those to be lawful Members so he should assent to ex post facto some particulars against his Knowledge and against the Oathes of Allegiance Supremacy Protestation Solemn League and Covenant taken in the presence of God with a sincere heart and real intention to perform 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 lawful Parliament of England actually in being and legally continuing after the Kings Death consisting only 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 lawful Authority 1. To violate the Priviledges Rights Freedomes Customes and alter the Constitution of our Parliaments themselves 2. To Imprison Seclude and Expel most of their fellow Members the far major part of the House for Voting and according to their Consciences in favour of Peace and settlement of the Commonwealth 3. To Repeal all Votes Ordinances and Acts of Parliament they please 4. To Erect new Arbitrary Courts of War and Justice 5. To Arrain Condemn and Execute the King himself with the Peers and Commons of this Realm by a new kinde of Martial Law contrary to Magna Charta The Petition of Right 3. Car. and the known Laws of the Land 6. To Dis-inherit the Kings Posterity of the Crown 7. To extirpate Monarchy and the whole House of Peers 8. To Change and Subvert the Ancient Government Seals Laws Writs Legal proceedings Courts and Coyn of the Kingdome 9. To Sell and Dispose of all the Lands Revenues Jewels Goods of the Crown with the Lands of Deans and Chapters for thir own advantage not the easing of the people from Taxes 10. To absolve themselves by a Papal kinde of power and all the Subjects of England and Ireland from all the Oaths and Engagements they have made to the Kings Majesty His Heirs and Successours yea from the very Oath of Allegiance notwithstanding this express Clause in it fit to be laid to heart by all conscientious Christians I do beleeve 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 Ministred to me and do renounce all Pardons and Dispensations to the contrary 11. To dispence with our Protestation and Covenant so Zealously enjoyned by both Houses on all sorts of people 12. To dispose of the Forts Ships Forces Offices and places of Honour Power Trust or Profit to whom they please to their own party 13. To Displace and Remove whom they please from their Offices Trusts Pensions Callings and Franchises at their pleasures without any Legal cause or Trial. 14. To make what New Acts Laws and Reverse what Old ones they think meet to insnare and inthral our Consciences Estates Liberties and Lives 15. To create new monstrous Treasons never heard of before and to declare Real Treasons against the King Kingdome and Parliament to be no Treasons and Loyalty Allegiance due obedience to our known Laws and a conscientious observing our Oaths of Allegiance and Supremacy and the Covenant to be no less than High Treason for which they may take away our Lives and confiscate our Estates to their new Exchequer Thereby at once repealing Magna Charta c. 29. 5 Edw. 3. c. 6. 25 Edw. 3. c. 4. 28 Edw. 3. c. 3. 37 Edw. 3. c. 18. 42 Edw. 3. c. 3. 25 Edw. 3 c. 2. 11 Rich. 2. c. 4. 1 Hen. 4. c. 10. 2 Hen. 4. Rot. Parl. 11. n. 60. 1 Edw. 6. c. 12. 1 M. c. 1. The Petition of Right 3 Car. So much commended this Parliament and laying all our Laws Liberties Estates and Lives waste after they have drawn so much Blood and Treasure from us in defence of them 16. To raise and keep up what forces by Land and Sea they please and impose what Taxes they please and renew increase and perpetuate them to support their more than Regal or Parliamentary power 17. To pack and shuffle themselves into a Councel of Lords This 17. is added by the Abridger States General without any provincial States forty Hogens Mogens with Supream Regal and Arbitrary power in absence of Parliaments which are Abolished by these Usurpations as well as Monarchy 4. The principal ends proposed in the pretended Act for imposing this 90000 l. a months Tax oblige all men not to pay it viz. The keeping up this Army under the Lord Fairfax 1. Because this Army by rebelling against their Masters the Parliament and waging War upon them and by conspiring with their own party of the sitting Commons have occasioned all the Mischiefs last mentioned to the ruine of King Parliament and Kingdome Religion Laws Liberty and Property and daily threaten an utter dissolution both in their Deeds and Words Both Officers and Souldiers Boasting That the whole Kingdome and all we have is theirs by Conquest That we are but their conquered Slaves and Vassals and they Lords of the Kingdome That our Lives are at their Mercy and Courtesie That when they have gotten all we have from us by Taxes and Free-quarter they will seize our Lands and turn Vs and our Families out of Doors That there is no Law in England but the Sword as Hugh Peters the Rebels Apostle saith The present power must be obeyed saith parasitical John Goodwin that is the power of the Sword still More hath been raised by Taxes these last eight years than in all the Kings Reigns since the Conquest and no account given 2. No Tax ought to be imposed but upon necessity for good of the people 25 Edw. 1. chap. 6. Cooks 2. Instit pag. 528. But the keeping up this Army is the Bane of the people 1. Because they are already exhausted with war Plunder Taxes Free-quarter c. 2. Because the Souldiers have decayed Trade and brought a Dearth upon the Land 3. This Tax of 90000 l. a month destroyed Trade by Forestalling and Engrossing most of the Money now left in the Kingdome 4. There is no Enemy in the Kingdome visible nor no fear of any if we will beleeve our Grandees 5. When the King had two Armies in the Field and many Garrisons this whole Army consisted but of 22000. Men and had an Established pay but of 45000 l. a month See Ordinances 15. Feb. 1644. and 6. April 1646. Exact Collect. pag. 599 876. But when the Army by confederacy with their party in the House took the boldness to increase their number
Christendome with vast summes raised by publick Theft and Rapines Pressings and Leavying of Souldiers Sequestrations Plundering of Houses and Horse and many other oppressions more than the Turke Russe or Tartar ever heard of of all which our Grandees are free and lay them upon others as partially as they please purposely to consume them To make Religion but a stalking horse to their Designs and the Ministers thereof but Hostlers to rub down curry and dress it for their riding to whom they send Commands what they shall and shall not preach to the people as if preaching were the Ordinance of man not of God At last by way of preparative to their machinations they pass these following Votes 1. That all Supreme power is in the people 2. That the Supreme Authority under them is in the peoples Representatives or delegates in Parliament assembled Meaning themselves you may be sure the Quintessence and Elixar of the House of Commons extracted by those learned Chimcks Doctour Fairfax Doctour Cromwel and the rest graduated at that degraded University of Oxford Here note they voted the Supreme power to be in the people that they might use those Gulles as Conduit pipes or Trunks to convey the Supreme Authority into themselves the better to enslave the people And tickle them whilest they fasten about their necks the Iron yoke of a Military Oligarchy wearing the Mask of a perpetual Parliament 3. That whatsoever the Commons in Parliament shall enact shall have the power and force of an Act of Parliament or Law without the consent of the House of Lords or the Kings Royal Assent any statute law custome or usage to the contrary notwithstanding they might have said all our statutes laws customes c. notwithstanding This one vote hath more of Dissolution and more of Vsurpation and Innovation in it than any I yet ever read of This is universally Arbitrary and layes the Ax to the root of all our Laws Liberties Lives and properties at once What these men will they vote What they vote is Law Therefore what they will is Law 4. That to wage war or to bear Arms against the Representative body of the People or Parliament is high Treason By the Law all Treasons are committed against the King his Crown and Dignity 5. That the King hath taken up Arms against this Parliament and is therefore guilty of all the blood shed this War and should expiate those crimes with his blood If the King were not guilty these men are And therefore they passed this Vote Se defendendo Yet observe that herein they became Judges in their own cause and forejudged his Majesty before his Trial if that may be called a Trial that was carried on by men who were both Accusers Prosecuters parties and Judges and had neither Law president formality of proceedings nor any other foundation of Justice or Reason to warrant them nor were delegated by any lawful Authority These Votes thus passed and by this kinde of men were the foundation upon which they built their great Engine to destroy the King and Kingly Government together with the Religion Laws Liberties Lives and properties of the people all condemned in that deadly sentence given against the King For having as aforesaid created by their own Votes themselves as absolute a power as they pleased and cast the people and all they have into that bottomless Chaos of their Arbitrary Domination They erect an Extrajudicial unpresidented High Court of Justice to Try or rather to condemn without Trial the King consisting of 150. Commissioners Souldiers Parliament men Trades men the most violent engaged and factious incendiaries of all the Antimonarchical faction Amongst whom were many low conditioned Mechanicks and Banquerouts whose Fortunes are since repaired out of the Kings Estate and other publick Lands Goods and Offices See Stat. Recognition 1 Jac. The Oaths of Algiance Obedience and Supremacy and all our Law-books as a reward for that Royal Blood they spilt The King the Fountain of Law Justice Mercy Honour War and Peace the Head of the Parliament and Supreme Governour over all persons and in all causes thus violently removed presently as if the Mounds and banks of the Sea had been overturned an impetuous inundation of bloody thievish Tyranny and Oppression brake in upon us So that no man can call his life liberty house lands goods or any other his Rights or Franchises his own longer than the gracious aspect of some of our Grandees shine favourably upon him In the next place contrary to their own Declarations of the 9. Feb. and 17. March 1648. Wherein they promise that in all things concerning the lives liberties and properties of the people they will observe the known laws of the Land with all things incident thereto They pass misbegotten Acts of Parliament This Stat. 25 Ed. 3. c. 2. S. Johns against Strafford cals the security of the people And the Stat. 1 Hen. 4. cap. 10. Ed. 6. cap. 12. 1. Mariae 1. ratifie and highly commend one of the 14. of May another of the 17. of July 1649. whereby in derogation and annihilation of that excellent Stat. 25 Ed. 3. Chap. 2. Ascertaining Treasons and reducing them to a small number and leaving nothing to the interpretation of the Judges that the people might not be ensnared they exceeding by multiplying Treasons bringing bare words as well as deeds within the compass of that offence and making many duties to which the laws of God the land the Protestation Covenant the oaths of allegiance obedience supremacy oblige us to be high treason these new acts of treason penned in obscure ambiguous terms purposely to leave a latitude of Interpretation in their own creatures the Judges that the People may be ensnared The King thus taken out of their way They passe pretended Acts. 1. To Disinherit his Children 2. To abolish Kingly Government for ever 3. To convert our ancient well-tempered Monarchy into that which they call a Common-wealth They have converted our ancient Monarchy into a Free-state and tell us they are the State They tell us they have bestowed Liberty upon the people but they and their faction onely are the people All the rest of the English Nation are annihilated and reduced to nothing that these fellows may become all things Meer ciphers serving onely to make them of more account And this gross fallacy must not be disputed against lest their New Acts of Parliament call it Treason or Free-State although nothing be therein free but their lusts nor hath it any form or face of Civil and just Government wherein a confused Multitude rule by their own Wills without Law and for their own benefit no consideration being had of the good and happinesse of the people in general 4. They Constitute a Senate or Councel of State of 40 men amongst which some Trades-men Souldiers illiterate Lawyers Parliament-Members men already engaged over head and eares in sin therefore to be confided in to these
Answer â—o the Scots Declaration About the 24 of February the Answer to the Scots Declaration began to be debated in parts in which Debate the Covenant was much undervalued and called An Almanack out of Date Nathaniel Fiennes argued against it That that clause in the Covenant To Defend the Kings Person Crown and Dignity c. was inconsistent with their four Votes for making no Addresses to the KING To which was answered by some That then they would relinquish the four Votes and adhere to the Covenant About the beginning of March was given to Col. Sydenham and Col. Bingham 1000 l. a piece as part of their Arrears 80. Money shared amongst godly Members their Accounts not yet stated To the Lord of Broghil 2000 l. To Mr. Fenwick 500 l. for losses To Mr. Millington 2000 l. for losses To Col. Ven 4000 l. notwithstanding in was moved he might first account for Contribution money the plunder of the Country about Windsor and the Kings Houshold-stuff Hangings Linnen and Bedding Mr. Purie the Petty-bag office besides 1000 l. formerly given him To Purie's Son the Clerk of the Peaces place and 100 l. a year all Independents The 7. of March an Ordinance passed the Commons to settle 2500 l. a year land out of the Marquess of Worcesters estate 81. Cromwel upon Lieut. Gen. Oliver Cromwel I have heard some Gentlemen that know the Mannor of Chepstow and the rest of the Lands setled upon him affirm that in the particulars the said lands are so favourably rated that they are worth 5000 l. or 6000 l. a year It is farther said those lands are bravely wooded You see though they have not made King CHARLES a glorious King as they promised yet they have setled a Crown Revenue upon Oliver and have made him as great and glorious a K. as ever John of Leyden was Wonder not that they conspire to keep up this Army as well to make good these Largesses as to keep their guilty heads upon their Shoulders Thursday 9. March 82. A Message froÌ„ the Lords desiring the Commons concurrence to the Ingagement of the Members with the Army The Ingagem approved by threats the Lords sent a Message to the House of Commons To desire their concurrence to the Ingagement of those Members that fled to the Army to live and die with the Army It was debated all day untill 7. of the clotk at night and at last the ques ion put That this House doth approve the subscription of the said Members to the said Ingagement The House divided upon the question yeas 100. noes 91. Observe 1. that Mr. Solicitor Haslerig and many more when they perceived difficulty in passing it began to skirmish with their long Sword again And many told them they must live content without dores meaning the Army as well as within else all would go naught 2. 44. Of those Members that ingaged with the Army sate in the House and Voted in their own case many of them carrying themselves very high and insolent in their gestures and expressions 3. Many Presbyterians left the House because it was late and some as it is thought not daring to Vote in the Negative 4. This Engagement about six months ago had been sent to the Commons by the Lords once or twice and was rejected yet now was obtruded upon them again by the Lords who would not acquiesce contrary to the privileges of the House of Commons 5. This approbation thus surreptitiously gotten is equal to a Pardon sued forth before Conviction which in Law amounteth to a Confession of the Crime 83. The temper of the House tried had the Ingagement not been approved a new Charge from the Army intended 6. The Agitators tell you in Derby-house Projects pag. 7. That this Engagement was sent down to the Commons to try the temper of the House and if the House had not approved of the Eagagement the resolution of their secret Counsel was to fly to their Armes and make a new Charge against their principal opposers for they acknowledge amongst themselves That they Rule by Power only and that the House of Commons is no longer theirs than they overawe them and that they fear the Critical day will come which will discover the Parliament to be no longer theirs than while they have a force upon it As men ready to sink embrace every shadow of help and catch hold of leaves twigs and bulrushes to support them so these desperate and purblind protectors having engaged themselves in a way of Tyranny out of which they can find no issue lay hold of frivolous inventions to peece up from time to time their ill-laid designs like the man in the parable That patched up his old Garment with new cloath which breaking out again left the rent wider than it was before Their last project was to unite all Interests in the Houses City and Army 84 A project to unite all Interests To which purpose Cromwel the heaviest basest and most ridiculous Tyrant that ever any noble Nation groned under made a Speech in the House of Commons To which was Answered That the Members were chosen and trusted by the people to pursue one common Interest which was the common good the safety and Liberty of the People and whosoever had any peculiar Interest eccentrick from that was not fit to sit in that assembly and deserved to be called to a strict account by those that trusted him Observe See the Argument against all accommodatioÌ„ between the City and Grandees c. and the seasonable caution to the City printed at the latter end of this Book that the extent of this project was to conjoyn these three Interests from upholding the greatnesse of the Grandees in the Parliament City and Army for in all three the vulger multitude and the more modest and honest sort are but in the same condition with other men the Parliament bearing the Authority the Army the Sword and the City the purse The first shall be the Task-masters and impose Tribute The second the Sheriffs or rather free-booters to leavy it by distresse And the third the Brokers to receive and buy it off But it pleased God to bestow so much providence and integrity upon the City that when upon Saturday 8. April 1646. Cromwel and his fellow Grandees offered this temptation at a Common-Councel to them The City grew wiser than our first Parents and rejected the Serpent and his subtilties insomuch that Cromwel netled with the affront called his Solicitor Glover to account by what Authority he had offered the restitution of the Tower and Militia and the inlargement of their accused Aldermen who answered he did it by his Authority and delivered him a Warrant to that purpose signed by Sir Thomas Fairfax Oliver Cromwel Mr. Solicitor and young Sir Henry Vane which Cromwel had the impudence to put in his pocket Cromwel had felt the pulse of the City long before by his Agents Glover and Watkins
Orders of the House do permit were forced to be silent so the businesse was buried in silence I hear that some of the Lords called upon this businesse the Monday following being the 19 of June and that the Lord Wharton being asked why he did not impart Osburn's said Letters to the House Answered That as soon as he opened the said Letter he received from Osburn and saw his name at the bottom he looked upon the businesse as not considerable yet he sent the Letter to Hammond Upon Tuesday 20 June The Lords sent a Message to the Commons the first paper whereof concerned Osburns said Letters they desired that forty days might be assigned for Osburn to come and goe with safety to make good his information But Sir William Armine stood up and desired That the minutes of two Letters prepared to be sent into into Holland and Zealand concerning our Revolted ships might be first dispatched as being of present use And when the businesse was ended Mr. Pierpointe propounded another part of the said Message So Osburn's Information was left sine die for that time but since the Lords have quickned it and 40 days are given to Osburn to come and go with Freedom and Safety to make good his information who is come and avoucheth it and one Dowcett speaketh much in affirmation of a design of Rolfes to pistol the King Rolf presents himself at the Commons Bar with a Letter from Hammond which denies the Design and pleads Rolfes cause for him Rolf denied it at the Commons Bar with a trembling voice yet afterwards hid out of the way but being discovered upon search he was found to have a Byle upon him that disabled him from riding otherwise it is thought he would have fled far enough I do not hear that Hammond is yet sent for or questioned And for Osburn's indeavour to convey his Majestie from Carisbrook-Castle it is alledged he did it with a charitable intent to preserve his life and not of any disaffection to the Parliament to which he hath been affectionately serviceable Though many take offence at Master Walker as if his stirring of his businesse were onely to cast an aspersion upon the Army yet I conceive that what he did was commendable in discharge of the duty he owes to God his King and Country and of his trust as a Member of the Representative body of this Kingdom and in performance of the obligations which the Oath of Allegiance the Parliaments Protestation the National Covenant and the known Laws of the Land lay upon him which duty he was bound to perform though with the extremest hazard of his life and fortunes and though he may happily hope better things of this Army yet since neither the Laws of the Land nor common reason warrants him to presume upon his own private hopes and judgment things which often deceive the wisest men in matters of far lesse moment he could do no lesse than free his conscience by making the whole House Witnesses of the cleernesse of his actions and intentions Considering 1. The many high speeches and threats often used against the King in all places none excepted 2. The dangers the King escaped from this very Army which drove him from Hampton-Court to the Isle of Weight and may possibly pursue him thither 3. The Antimonarchical Principles wherewith many Members of this Army and their Chaplians and many elsewhere are seasoned who cannot govern this Kingdome at their pleasure by a military Olygarchy of Grandees of the Committee of Safety at Derby-house and the Army and so establish the Kingdom of the Saints nor yet bring it to their own levell but by taking off summa papaverum capita all that is high and eminent There is a Crowned Head in their way which must be removed 4. The corrupted fantasies of many Antimonarchical Schismaticks with Revelations and Raptures who serve the Devil for Gods sake making him the Author and the doing of his will the pretence of all their crimes and villanies 5. The many desperâ—te guilty persons that fear peace and are resolved now the Sword is out to burn the Scabbard These look upon the King with an evil eye as the Centre in whom all Interests must unite before we can have Peace Despair tempts these men to make one sin a degree and step to a higher These three last fort of men having cast off all fear of God will as easily contemn Gods substitute the King as he that casts off all reverence to the King will contemn his substitute a Constable 6. The continual endeavours of the Grandees of Derby-house and the Army to put all the Armes Garrisons Ships and Strengths of the Kingdom into the hands of Antimonarchical Schismatical Independents in order to which they are raising of new Forces and erecting new Garrisons in most Counties These men when they could not get a power from the House of Commons to raise what Forces they pleased for when it was moved they there ordered that no more motions should be made for raising new Forces but between the hours of ten and twelve yet what they could not get by their leave they now take without their leave the General granting Commissions for raising and listing Horse and Foot in almost all Counties for example Sir Hardresse Waller that one eyed Polyphemus of Pastebord lately sent forth Commissions in the County of Devon by virtue as his Commissions say of the power granted him from his Excellency for raising listing and training Horse and Foot which shall be no burden to the Country but be in pay with the rest of the army In these Commissions he stileth himself untruly Commander in cheif of all the forces of the five Western Associat Counties and gave authority and encouragement to the well affected that is to Independents Sectaries Antimonarchists and the more desperate forlorn sort of people to enter into and subscribe Engagements to live and die with the Army an imitation of the Members Engagement in defence of the Parliament that is of the ingaged faction of Independents Schismaticks and corrupt persons whom only the Army looks upon as the Parliament witnesse the Declaration of Sir Thomas Fairfax and his Council of War shewing the grounds of his advancing up to London This usurpation was complained of in the House of Commons Monday 19. June and prohibited then by Order 7. Peradventure the reason why this Letter was published so unseasonably in a thin House in so slight and surreptitious a way as aforesaid was in hope it would have been passed over in silence as it had like to have been and so the whole House should have been engaged in the crime if any such thing be intended as guilty of connivance and negligence though not as Actors guilty of the fact The main scope of this party hath ever been by Treaties of Accommodation uniting all Interests and other devices to involve others in their crimes to infect others with their diseases that all standing in need
Scotland directed to the Assembly of the Kirk of Scotland setting forth what the Parliament had done in way of setling peace reforming the Church and Universities and maintaining the Covenant and union between the two Nations and complaining of Duke Hamilton's Invading England under the Authority of the Parliament of Scotland to the Kirk there How dangerous this president may prove to both Kingdoms to make a few ambitious paedantical Church-men supreme Judges over Parliament and State affairs in ordine ad Deum and how apt they are to lay hold upon such occasions and kindle their zeal into a consuming flame I leave to all wise men to judge 122. A Declaration and 2. Letters from the Prince to the City The Commons Debate upon them Thursday 3. August The Sheriffs of London and some of the Common Council brought to the House the Copies of two Letters they had received from the PRINCE one directed to the Common Council expressing his Highnesse good affection to Peace and to the whole City and his endeavours to vindicate his Fathers Liberty and just Prerogative and Rights to restore to the People their Laws Liberties and Property to free them from that bondage under which they were now held like a Conquered Nation to ease them of Excise and Taxes to settle Religion according to his Fathers Agreement made with the Scots and to reduce all things into their antient and proper Chanel This Letter was accompanied with his Declaration to the same purpose The other was to the Merchant Adventurers Informing them he had made stay of 3. of their ships but without any intent to make prize of them desiring to borrow 20000 l. of them to be repayed out of the Customes and requiring their speedy answer To which Col. Harvy first aggravating many faults in the King's Government according to the scandalous Declaration against him said The Prince was his Fathers own Son as like him as could be That he had invited the Scots to come in and declared for them and had been formerly in Arms against the Parliament That he was but a subject And moved the House to declare him a Rebell and a Traytor Sir Peter Wentworth Mr. Knightly and Mr. Blackstone seconded him with much earnestnesse so did Edward Ash who farther moved That the Common Council and Merchants should give no answer to his Letters saying there was no danger the Prince should make prize of their ships for that he had engaged to the States of the Low-Countries to do no act prejudicial to Trade At last the Debate was put off until the next day being Friday when the Speaker putting the House in mind of it again It was earnestly called upon by the younger Sir John Evelin Mr. Solicitors shadow Scot Weaver Holland Boys and almost all the Godly Gang. So the Debate was resumed and Weaver went very high to try the temper of the House But the Debate in Terminis That the Prince should be declared a Rebell and a Traytor was soon laid by though violently pressed chiefly upon these reasons 1. That they had not the Originals of the Princes Letter and Declaration which the Common-Council still kept but onely Copies not so much as attested upon Oath by any authentical Clerk therefore no legal proceedings could be upon them 2. To Vote the Prince a Traytor the same day when they sent Messengers to invite the King his Father to a Treaty of Peace would argue no peaceable inclination in them and would be so understood by the People 3. They were engaged by the Nationall Covenant to defend the King's Person Crown and Dignity but the Prince Heir apparent to His Crown was next under God the chief supporter of his Crown and Dignity therefore to Vote him a Traitor was to subvert his Crown and Dignity 4. By the Stat. 25. Edw. 3. it is High Treason to endeavour the destruction of the Prince the Kings eldest Son but to declare him a Rebel and a Traitor was to endeavour to destroy him and therefore High Treason 5. The people were already jealous that the KING and His Posterity should be laid by and in them the Monarchical Government of this Nation subverted and a new form of Government introduced they had already by the Votes of No Addresses to the KING and by their Declaration against Him wherein they say They can no longer confide in Him laid by the KING and now to Vote the PRINCE a Rebel and a Traytor was to lay by both him and his Brother the DUKE of YORK who adheres to him which would exceedingly confirm the people in their feares But what they could not do expresly All that adhere to the Prince declared Traytors they did implicitly by Voting All that should adhere to ayd or assist the PRINCE Rebels and Traytors Hereby they put a tie upon the City not to redeem their Ships by lending 20000 l. to the Prince and yet had a Pirat taken them it had been lawful to redeem them Saturday 5 August 123. The National Covenant The House of Commons went upon the Commissioners to judge of Scandals there was a Clause in the Ordinance forbidding the Nomination of such as refused the National Covenant which was strongly opposed by the Independents who argued That the National Covenant was but a League sworn mutually by the two Nations that the Scots by Invading England had first broke it and thereby set the English at liberty from it that the Covenant was not Jure divino no more than Presbytery was To which was Answered That the large Treaty containing the League between the two Nations so did not the Covenant which was a Vow made unto God with our hands lifted up to heaven for the maintenance and observation of the ends and principles expressed in the Covenant from which no power on Earth can absolve That though the Covenant was not Jure divino yet the keeping of it after we have taken it is Jure divino it being the revealed will of God that we should not offer to him the sacrifice of fools a Covenant to day and break it to morrow 124. A new Militia erected in every County in the hands of Sectaries Mondon 7 August A particular Ordinance to put the County of Wilts into a posture of defence was read many that were named to be Deputy Lieutenants or Commissioners were mean petty fellowes as one Read a Serving-man and others such as refuse to Act upon the Ordinances for setling Church Government and declare that our Ministery is Antichristian and are new dipped Brethren that have been re-baptized These to have power to raise what men and put arms into what hands they list to fine 10 l. and twenty days Imprisonment for every default and to levy 400 l. a week upon that poor County over and above the Taxes to Fairfax's Army and Ireland and Free-quarter The general Ordinance to trust the Counties with their own defence is obstructed to give way to these particular Ordinances
the Independent Faction whose interest it is to keep themselves rich and all men else poor argued the case meerly upon point of profit and conveniency and neglected the right and jus of the businesse They alleged That men of desperate resolutions would not reward the losse of their own lives so as they might preserve their Wives and Children That the State as they pleased to stile it would lose much by such an example they could not therefore approve of the lenity of the Lords and Commons used in Walls case many had been Sequestred after death and so arguing à facto ad jus alleged that in case of Monopolies satisfaction had been awarded out of dead mens Estates But they forgot that out of Sequestrations no satisfaction is given to the parties wronged the Committees and Sequestrators imbezelling the profits of them to increase their own gains not bestowing them to repair injured mens losses and so the equity upon which this President is founded faileth in case of Sequestrations Thus you see these greedy Canibal Saints like the hungry dogs that ate Jesabel will devour carrion or any thing that will make them fat and full yet they declared They were willing this Sequestration should be bestowed upon Master Copley as a Gratuity not as a Right for fear of the example Observe that if Master Copley had waived his Title by Composition and accepted this Wardship as a Gift they would presently have published it in their News books and Gilbert Mabbot should have proclaimed to all the world that Presbyterians and Independents might be thought alike guilty of impoverishing the Kingdom for the Faction labours nothing more than to have Companions in their sins and shames At last it was passed That Mr. Copley should have the Wardship restored to him but great care taken it should not be drawn into example hereafter that a man may not be Sequestred for Delinquency after his death Cavete vobis mortui atque sepulti dead mens graves are not secure from these Lycanthropi these Lou-garons 129. The Messengers to the King Report their Message in the House of Commons Monday 14. August Master Bulkeley in the name of himself and his fellow-Commissioner Sir I. Hippesly sent to the King to acquaint him with the Vote of the two Houses That they desired a Treaty with the King upon the Propositions of Hampton-Court in what place of the Island of Wight He should think fit and that the Treaty shall be with Honour Freedom and Safety to His Majesty Reported to the House of Commons all the circumstances and emergencies of their imployment the Kings Letter of Answer being carried to the Lords by the Earl of Middlesex and therefore not delivered to the Commons for the present which with much candor were related as followeth That the KING bad them welcom saying they came about a welcom businesse PEACE which no man desired with more earnestnesse than Himself and if there did not ensue a Peace the fault should not lie at his dore and that He feared no obstructions from any but those who gained by the War He farther said that His Majesty desired immediatly after the delivery of the Votes to speak a word with them in private which they modestly excused for want of Commission That about two days after his Majesty seeing the said Commissioners of the Parliament standing in the Presence Chamber first beckoned the Earl of Middlesex to him and had some short discourse singly with him and then with Sir John Hippesly and Master Bulkeley one after another These three Gentlemen afterwards comparing their notes found the Kings discourse to every of them to be all to one effect viz. Expressing His desires of a good peace and importuning them to do all good Offices conducing thereto He farther related that when they took leave of His Majesty He delivered His Answer in writng to them unsealed telling them He doubted not their fidelity though ill use had been made of His last Answer which he sent open it having been debated in private and a prejudice put upon it before it was presented to the Houses This free and unpartial Report shewing how earnest his Majesty is for Peace did the King so much Right that the Antimonarchical Faction looked upon it as done to their wrong and Herbert Morley presently spit out his Venom to this purpose Mr. Speaker These Gentlemen have delivered all to you but what they should deliver that is the Kings Answer which they have suffered first to be carried to the Lords they might have delivered you at least a Copy thereof it should seem Morley had forgot that the House proceeds not upon Copies My motion is that since these Gentlemen have exceeded their Commission by conferring privatly with the King the House may do well either to question them therefore or give them an Act of Oblivion for their good service This was cried upon a long time by the whole kennell of the Faction and at last put off till the next day when the Lords sending down the Kings Letter the House should have the whole businesse before them The next day being Tuesday 15. August 130. The aforesaid Messengers again the Kings aforesaid Letter of Answer with divers Votes thereupon were sent down from the Lords to the House of Commons when presently the Beagles of the Faction spent their mouths freely against the said Commissioners again for lending the KING the civility of an eare in private as abovesaid After a long debate at last this Objection stopped the Mouths of Malice it self That if these Gentlemen had reported an aversnesse in the King to Peace and aggravated His Words as other Messengers had formerly done whereof the King seem'd to complain it would have proved a welcome discovery and have been rewarded with Thanks instead of an Act of Oblivion So with much adoe Thanks were given to the said Gentlemen with approbation of their proceedings The same day the Militia of London were called into the House of Commons 131. The Militia of London Concerning private Listing by Skippon and the Militia of the City where Alderman Gybs in the name of the Common-Council and Militia not by Petition but in a set Speech delivered the fears and jealousies of the City even of the gravest wisest and best affected occasioned by Skippon's underhand Listing of Schismaticks Antimonarchists his setting up thereby a power against a power to the endangering of a civil War within the Bowels of the City weakning of the Trained Bands deboshing Servants from their Masters Children from their Parents That under colour of Skippon's private Listings other private Listings were carried on by Malignants the Magistrates of the City not being able to question either and distingush one from the other That fear was a violent passion and was now grown so universal that the Common Council knew not how to give satisfaction therein the Citizens usually clamouring that if the Houses did not give them leave to look to
say farther that other things of main importance for the good of this Kingdom are in Proposition c. which yet before the end of this Session they hope may receive some progresse and perfection As the establishing and ordering the Kings Revenue c. The Regulating of Courts of Justice and the abridging both the delaies and Charges of Law Sutes c. Preventing the exportation of Gold and Silver and the inequality of Exchanges between this and other Kingdoms improving the Herring fishing upon our Coasts c. which things in all their Propositions and Addresses to the King have not been once mentioned nor any thing else but what makes for the profit preferment and power of a few ambitious Grandees of the Parliament and Army in order to which they demand the Militia of a standing Army with an arbitrary power to raise what Forces by Land and Sea consisting of what persons and to raise what sums of Money out of every mans Estate they please which power the King hath not to give neither did He nor His Ancestors ever exercise the only Militia they used having been either the Posse Commitatus under the Sheriffs which is very legal and antient or the Militia of Trained Bands under Lord Lieutenants and their Deputy Lieutenants which is a new invention Nor did the policy of our Law ever trust the power of the Sword and the Purse in one hand for fear of enslaving the People Ex. Col. p. 19. They farther declare That it is far from their purpose or desire to let loose the Golden reins of Discipline and Government in the Church to have private persons or particular Congregations to take up what form of Divine Service they please because they hold it requisite that there should be throughout the whole Realm a Conformity to that Order which the Laws enjoyn Ex. Col. p. 203. They farther say there That the gracious favour His Majesty expressed in the Bill for continuance of this Parliament and the advantage and security which they thereby have from being Dissolved shall not encourage them to do any thing which otherwise had not been fit to have been done Ex. Col. p. 281. They conclude the said Declaration thus That they doubt not but it shall in the end appear to all the world that their endeavours have been most hearty and sincere for the maintenance of the true Protestant Religion The Kings just Prerogatives The Laws and Liberties of the Land and the Privileges of Parliament in which indeavours by the Grace of God they would still persist though they should perish in the work Ex. Col. p. 376. In their Declaration 4. June 1642. The Lords and Commons do declare That the Design of their Propositions for Plate and Money is To maintain the Protestant Religion the King's Authority and Person in his Royal Dignity The free Course of Justice The Laws of the Land what then becomes of Martial Law and Committee Law The Peace of the Kingdom and Privileges of Parliament In their Propositions for bringing in Money and Plate Ex. Col. p. 340. 10. June 1642. the Lords and Commons declare That no mans affections shall be measured according to the proportion of his offer so that he express his good will to the Service in any proportion whatsoever that is so that he ingage with them yet notwithstanding the 29. Novemb following Ex. Col. p. 765. the same Lords and Commons appointed a Committee of 6. persons who should have power to Assess all such persons as were of ability and had not Contributed and such as had Contributed yet not according to their ability which is now looked upon as a Malignancy to pay such sums of Money according to their Estates as the Assessors or any of them should think fit so as the same exceeded not the 20. part of their Estates The power is still exercised by all Country Committees to a 5. and 20. part charged upon all men even such as have been destroyed and undon or laid forth themselves beyond their abilities for their service to this Parliament In the National Covenant taken by this Parliament and by them imposed upon the Kingdom to be taken with hands lifted up to the most High God the Lords and Commons vow To maintain the King's Person Crown and Dignity in Defence of Religion Laws and Liberties c. To suppress all Errors Heresies Blasphemies and Schisms and to defend one another mutually in the same work with their lives and fortunes yet is the same Covenant now cast aside and called An Almanack out of date Many men have been punished for attempting to keep it And I hear the House of Commons are now upon passing an Ordinance for Martial Law to be executed in London upon all such persons as having taken the said Covenant shall attempt or design any thing against the Parliament or City of London what is this but to impose a special penalty upon such as have taken the Covenant and leave those that have not taken it free And who doubts but that the said Council of War shall consist of Anti-monarchical Schismaticks and Anti-covenanters for the most part who shall stretch every word to the utmost extent And this is now in brewing contrary to the Petition of Right 3. Caroli Magna Charta no considerable enemy being in the Field and the Courts of Justice in Westminster hall sitting nay I hear like Janus Bifrons this Law if I do not mis-call it looks backwards to Acts past as well as forward contrary to the nature of all Laws which have an admonishing power to warn men of the evil to come before they can have a punishing power for evils passed Therefore the Apostle saith Sin is a breach of a Commandement or Law I had not known Sin but by the Law The Law therefore must be previous to the Sin How the said Promises and Covenant and many more have been kept let the world judge What the Promises Undertakings and Proposals of the Army have been in order to setling the peace of the people of this Kingdom and of the King 's just Rights and Prerogatives and their own Disbanding are to be found in their many printed Papers which I will here omit because they had no lawfull calling or warrant for such undertakings and how they have been prosecuted and perfomed is obvious to every capacity General Conclusion Out of these Premises I shall draw these Conclusions following 1. The Grandees have subverted the fundamental Government of the Kingdom and why 1. THe engaged Party have laid the Axe to the very root of Monarchy and Parliaments they have cast all the Mysteries and secrets of Government both by Kings and Parliaments before the vulgar like Pearl before Swine and have taught both the Souldiery and People to look so far into them as to ravel back all Governments to the first principles of nature He that shakes Fundamentals means to take down the Fabrick Nor have
Speaker of the House of Commons worth 2000 l. per an besides rewards for courtesies not to say Bribes Master of the Rolls worth 3000 l. per an beside the sale of Offices Chamberlain of Chester in the Earl of Darbies place And until of late Chancellor of the Dutchey of Lancaster worth 1230 l. per an and one of the Commissioners of their great Seal worth 1500 l. per an and had 6000 l. given him at one time by the House 2. Bulstrode Whitlock Commissioner of the great Seal worth 1500 l. per an and had 2000 l. given him out of Mr George Minn's estate 3. Edmund Prideaux formerly a Commissioner for the great Seal worth 1500 l. per an Now by Ordinance practices within the Bar as one of the Kings Councel worth 500 l. per an and is Postmaster for all Inland Letters worth 100 l. every Tuesday night beside his supper and it was thus got The Lord Stanhop the Postmasters and Carriers of England complained in Parliament against Mr. Witherings and others touching the carrying of Letters whereupon the benefit of forein Letters were given to the Earl of Warwick worth 5000 l. per an and the Inland Letters to Mr. Prideaux good Parliament Justice 4. Roger Hill a Barrester of the Temple in no practice nor of a considerable estate till this Parliament hath now from the House the Bishop of Winchesters Mannor of Taunton Dean being the best of England and worth 1200 l. per an when the estates for lives determine 5. Humphrey Salway the Kings Remembrancer in Mr. Fanshaw's place worth 200 l. per an 6. Francis Rous Provost of Eaton in Dr. Stewards place worth 600 l. per annum and hath got a College Lease worth 600 l. per annum 7. John Lisle Barrester of the Temple Master of St. Crosses in Dr. Lewes his place being a place for a Divine and worth 800 l. per annum 8. Oliver St. John by Ordinance both Attorney and Solicitor to the King worth what he please to make it and hath the passing of all Pardons upon Commissions worth 40000 l. 9. Sir William Allison Alderman of York Clerk of the Hamper worth 1000 per an he hath Crabb-Castle worth 600 l. per an Sometimes the Bishop of Yorks in York-shire 10. Thomas Hoile Alderman of York Treasurers Remembrancer in the Exchequer in Sir Peter Osburn's place worth 1200 l. per annum 11. Thomas Pury Senior first a Weaver in Glocester then an ignorant Countrey Solicitor had 3000 l. given him and Mr. Gerrards place in the Petty-bag worth 400 l. per an 12. Thomas Pury Junior Son to the Elder Receiver of the Kings Rents in Glocester and Wilts Clerk of the Peace of Glocester-shire worth 200 l. per an and Captain of Foot and Horse the first year of this Parliament servant to Mr. Towneshead an Attorney of Staple Inne 13. William Ellis Steward of Stepney worth 200 l. per an and by him sold to one of the Temple 14. Miles Corbet at the beginning of the Parliament 3000 l. in debt for himself and his Mother more than he was worth now one of the Registers in Chancery worth 700 l. per an besides Chair-man for scandalous Ministers worth 1000 l. per an And hath money in his purse 15. John Goodwyne the other Register in Chancery worth 700 l. per annum 16. Sir Thomas Widdrington a Commissioner of the great Seal worth 1500 l. per. an 17. Edward Bishe Garter Herauld in Sir Edward Walkers place worth 600 l. per an 18. * Walter Strickland Agent in Holland for the two Houses of Parliament worth to him 5000 l. 19. Nicholas Love Mr. Speakers Chamber-fellow one of the six Clerks in Chancery in Mr. Penruddocks place worth 2000 l. per annum 20. Sir Gilbert Gerrard much in debt before the Parliament pay-master to the Army and had 3d. per pound allowed besides Gratuities worth 60000 l. and now Chancellor of the Dutchey worth 1200. per an 21. Gilbert Gerrard his second son Clerk of the Dutchey and for whose benefit the Clerk-ship of the Assize in Norfolk is granted to Mr. Edward Garret his Cozen by the procurement of Sir Gilbert and is worth 500 l. per an 22. John Selden had given him 5000 l. of which he received 2500 l. pound 23. * John Bond Son to Dennis Bond a Parliament man made Master of Trinity-Hall in Cambridge which Mr. Selden refused to accept of 24. Sir Benjamin Rudiard given him 5000 l. And hath he not deserved it 25. * Lucas Hodges Customer of Bristol 26. Sir John Hipsley hath the keeping of three of the Kings Parks Mary-bone-Park that was Mr. Carewes Hampton-Park and Bushy-Park and given him 2000 l. in Money 27. Sir Thomas Walsingham the Honour of Eltham that was the Earl of Dorsets the middle-Park and house which was Master Whines and hath cut down 4000. Timber Trees 28. Benjamine Valentine given him 5000 l. 29. * Sir Henry Heyman given him 5000 l. 30. Denzell Hollis given him 5000 l. 31 * Nath. Bacon given him 3000 l. 32. * John Steevens given him out of the Lord Astley's Composition 1000 l. 33. * Henry Smith made one of the six Clerks worth 2000 l. per annum 34. Robert Renolds had 2000 l. given him Besides Abingdon-Hall and the Lands worth 400 l. per annum Hath bought a good penny-worth of Bishops Lands hath 20000 l. beyond Sea as he made appear upon his Mariage 35. Sir John Clotworthy Treasurer for Ireland and by the Army charged with defrauding of the State of 40000 l. which may be one reason the King could never get an Account of the monies raiâ—ed for the Irish though he desired it 36 â—ohn Ashe given him out of Mr. John Coventry's Composition 4â—00 l. out of Sir Edward Mosely's 1000 l. out of Mr. Edw. Phâ—â—'s 1200 l. out of Sir John Powel's estate 8000 l. And which is wâ—â—ll this is the great Chairman at Goldsmiths Hall Is not this better than cloathing 37. * John Lenthall son to the Speaker made one of the six Clerks worth 2000 l. per annum 38. * Francis Allen a poor Goldsmith at St. Danstans in Fleetstreet now made a Customer for London In honour of whom clipped moneys are called Allens 39. Giles Green the Reciver of York-shire being put out of his place got it for his Son-in-Law is Chair-man for the Navy and for Sir Thomas Daws his estate and what it was worth to him Sir Thomas Daws his Creditors will tell you for they got nothing 40. Francis Pierpoint hath the Arch-bishop of York's Lands lying in Nottingham-shire 41. William Pierpoint hath 7000 l. given him and all the Earl of Kingston's personal Estate worth 40000 l. 42. * John Palmer Mr. of All-Souls in Oxford in Doctor Shelden's place a Divine 43. * John Blackeston a poor shop-keeper in New Castle was Executor to the Executor of Sir John Fenner trusted with 6000 l. for Charitable uses and was sued in Chancery to perform the trust but got himself returned a
Antrim should grow strong he procured one Regiment for himself another for his Cozen Lawers a third with the place of L. General for that most ungrate Gentleman the Earl of Lothian who was married to his Neece and one of his Confidents who was once heard say That the 3 Kingdoms would never have peace so long as King CHARLES his Head was on his shoulders and yet it is only King CHARLES his favour that hath made him and his Father exceed the estate of Gentlemen with many other places to divers of their friends intending a ful Conquest of Ireland at least to banish Antrim and the Mackdonalds from thence as he and his Predecessors had done many of them out of Scotland taking a gift from the Parliament of England of some of the Earl of Antrims Lands in Ireland especially the Island of Rachera to the which one of the forementioned Regiments was sent and kept there a long time so that all the three Kingdomes must be at the charge to maintain Armies and Garrisons for enlarging the Dominions of Argile His next project having begun his Confederacy in England by shewing them the wayes to get money by Taxes and Excise 10. and 20. part bringing in of Plate voluntary Contributions borrowing on the Publique Faith tyrannizing over the Persons and Estates of all that durst be so bold as speak against the Illegal Orders and all this Money in both Kingdoms to be employed against His Majestie whom their renewed Covenant did oblige them to defend having good opportunity to traffique betwixt under the pretence of Commissioners for the Kingdom of Scotland the rest for the most part either his Creatures or Confidents so that he ruled all the Council at home and abroad sending Lothian to France to have them brought in a Confederacy abusing his Majesty by procuring His Commission for Treating concerning the keeping and preservation of that ancient League betwixt France and Scotland begun in Charls the Great 's time with Achaius King of Scotland but the effect of the Treaty was to bring money to Argile who at that time when the Kingdom stood in much need of men sold five thousand to the French to be under his Brother from whom he had as formerly the Estate so now the Title of Kintyre and he must be Earl of Irwin all the Interest he had there being by his quondam Tutor now Slave Barcley his being sometime Provost thereof and the Chancellors Brother Lundie sur France and Irwin had bad penny worths although Argile made a good market for the Men like Money trusted in a Jugleâ—s hand were gone with a puff thus you see how much both KING and Kingdome were obliged to him in this particular But to come to the main point of the Conspiracy finding Scotland although he had all the power of the Persons and Estates in his hand not pliable as yet to cast off Monarchy and imbrace Aristocracy of whom as affairs stood none could be the chief Ruler but himself he did imploy the Zealots of the Clergy to asperse those who did oppose him especially some most faithfull and religious Noble men as if they were fallen from their first love turn enemies to the cause of Christ had with Demas imbraced this present world and that Argile was the only man that stood in the gap threatning out of their Pulpits all such as would think or speak evil of him but when the State-juglers with their Clergy-Impostors could neither shake the Loyalty of the one who were really for the Covenant and Monarchical Government nor plaster over the many fraudulent cheats of the Argathelian party now become a most odious and heavy burthen to the Kingdome harased and ruined from the one end to the other by him and his Armies on the one part and Montrosse and his Confederates on the other part Argile of the two being the Kingdoms most cruel Enemy was simulat humiliation having the Church-men still his friends did reconcile himself to the other noble and loyall Patriots by suffering them to take some share of the Government that the by him dis-joynted State might by them be set in a right frame again with a resolution when all things were right to usurp his wonted Authority and follow his old trade of Dethroning His Majesty and cantonizing the Kingdom but things falling out so that one day at Nazeby quelling the KINGS party in England and one day at Philipshaugh almost quieting Scotland finding the Presbyterians in England inclinable to peace and desirous of his Majesties re-establishment according to the Covenant he leaves them and joyns Counsell with Say Perpoint Cromwel and others of the Independent Junto doing them that Masterâ—iece of good service First under colour of Loyalty and friendship to prevail with His Majesty to return to the Scots Army then at Newark Cromwell contributing a Passe to Hudson and Ashburnham with a slack Guard that His Majesty might the more freely escape Secondly after many learned and loyal Speeches for Monarchy the Kingdom of Scotlands interest in the person of the KING and many Vows and Protestations both in private and publick not to abandon His Majesty without his own consent contrary to all which he and his Party did overthrow the Loyalty of That once famous Gentleman Lieuten General David Leslie who had deeply sworn and ingaged himself to His Majesty to convoy him safely into Scotland or then to see His Majesty peaceably setled in his Throne in England forcing him and he perswading and prevailing with the Souldiers to march away leaving his Majesty behind little better than but now an assured Prisoner and the whole power of the Sword in the hands of the Independents and Sectaries to the ruine and overthrow of their Presbyterian friends in the City and Parliament as the History of Independency doth Witness encouraging the Independent Party by their Letters to proceed in their dethroning Votes and accusation of his Majesty assuring them that no party from Scotland shall be able to hinder them in their proceedings but finding the body of the Parliament and the Kingdom of Scotland to be sensible of the ruine of Religion and Monarchical Government if the Sectaries prevaile and their resolution to adhere to their Covenant and re-establishing his Majesty being in fear their party shall not be able any longer to delude the Kingdom or hinder the Army designed to come in for the vindication of the many breaches of the Solemn League and Covenant and the several Treaties betwixt the Kingdoms they have solicited the Armies of Sectaries to come to their assistance some of their Ministers professing in their Letters They have no hope of safety unless it be by means of this rebellious Army now in England thereby endeavouring to make Scotland the seat of War And if these troubles in Wales and cutting Petitions from Essex Kent Surry and Sussex had not hindered them their resolution was to have sent Cromwel thither it being debated before he went to Wales
seeming Saints who have made the solemn League and Covenant intended for preservation of Religion His Majesties Honour and the just Liberties of the Subject to be the ruine of Religion the dishonour so far as in them lieth of His Majesty and the most absolute enslaving of all free Subjects not to Kings or Princes to Great men or Good men but to the very scum and off-scouring of both Kingdoms it being noâ— small grief to all that truly feared God that so many of the reputed honest Presbyterian party should out of base fear or other by-respects comply so long with these Stare-Juglers the Clergy being most active hastning thereby their own and the Kingdoms misery for they may be well assured if these Saints prevail they must as some of them have done already turn their Coats once more and become the Hirelings and tongue-tied Tenants at will to their Brethren of the Independency or be kicked out of their fat Benefices and possibly out of the Kingdom to prevent new Insurrections against them which they are cunning to procure having the power in their hand to repress all that dare appear against them may be ruined others by their example terrified and their Saints may enjoy the fatness of England but I would ask these violent Clergy-men of the Presbyterian Party that are unwilling His Majesty should be brought speedily to a Personal Treaty what their Assemblies of Divines have been doing for if that Confession of Faith set out in England approved of in Scotland be agreeable to the truth of Gods word as I know nothing to the contrary why should the chief Magistrate our dread Soveraign be any longer debard of his just dues is He worse than Infidel that you will assist those that deny His sacred Majesty that which they allow to Infidel Magistrates blush for shame and repent in time lest as they change their Votes every day according as the tide of their power ebbs and flows so they may soon force you to repeal that Article concerning the chief Magistrate or like the gloss of Orleans put an exposition upon it which destroyeth the text God send us peace and truth and preserve His sacred Majesty and his Posterity and confound the wicked counsels of all such as are enemies to Peace Truth and Monarchy Si quid novistirectius istis Candidus imperti Si non his utere mecum THE END ANARCHIA ANGLICANA OR THE HISTORY OF Independency THE SECOND PART BEING A Continuation of Relations and Observations Historicall and Politique upon this present PARLIAMENT Begun Anno 16. CAROLI PRIMI By THEODORUS VERAX PSAL. 8.8 Virum sanguinum dolosum abominabitur Dominus Printed in the Year M.DC.XL IX THE PROTESTATION AND DECLARATION THe premises considered I do hereby in the name and behalf of my selfe and of all the Free People of England Declare and protest That the Generall Councel of Warre and officers of the Army by their said violent and treasonable force upon the farre major more honest and moderate part of the House of Commons being above 250. and leaving only 50. or 60. Schismaticks of their own engaged party sitting and voting under their Command and almost all of them such as have and do make a prey of the Commonwealth to enrich themselves and their Faction have broken discontinued and waged War against this Parliament have forfeited their Commissions And the remaining Faction in the House of Commons by abetting aiding and concurring with the said Councel of War in the said rebellious Force by setting up new illegal and arbitrary Courts of Judicature to murder King Charles the First our Lawful King and Governour who by his Writ according to the Law summoned and authorized this Parliament to meet sit Principium Caput finis Parliamenti Oaths of Allegiance and Supremacy and Advise with Him and was the Fountain Head and Conclusion or consummatory End of the Parliament and Supreme Governour over all Persons and in all Causes of this Kingdom and by Abolishing the House of Peers and the Kingly Office and dis-inheriting the Kings Children and Usurping to themselves the Supreme Authority and Legislative Power of this Nation in order to make and establish themselves a Councel of State Hogen Mogens or Lords States General and translate the said Supreme Power and Authority into the said Councel of State and then Dissolve this Parliament and perpetuate their said Tyranny and this Army and Govern Arbitrarily by the power of the Sword and raise what illegal Taxes they please and eat out consume and destroy whosoever will not basely submit to their Domination See 1. part sect 105 106. and the Conclusions 15 16 17 18. and returne to sect 79 109 110. Stat. of Recognition 1. Iac. Oaths of Allegiance and Supremacy have by the aforesaid ways and means totally subverted this Kingdome and destroyed the fundamental Laws Authority and Government thereof Dissolved and Abolished this and all future Parliaments so that there is now no visible lawful Authority left in England but the Authority of King CHARLS the Second who is actually KING of all his Dominions presently upon the Decease of the King his Father before any Proclamation made or Coronation solemnized notwithstanding that by his unjust Banishment causâ—d by the interposition of the said traiterous combined Antimonarchical Faction He be eclipsed for the present and not suffered to perform any Acts of Government to his three Kingdoms and restore peace plenty justice mercy Religion Laws and Liberties to them again which no Hand but his own can bestow and therefore in vain do the people long for expect Figs from thistles Grapes from thornes This Kingdom of the Brambles now set up being only able to Scratch and Tear not to Protect and Govern them I farther Declare and Protest That this combined traiterous Faction have forced an Interregnum and a Justitium upon us an utter suspension of all lawful Government Magistracy Lawes and Judicatories so that we have not de jure any Laws in force to be executed any Magistrates or Judges lawfully constituted to execute them any Court of Justice wherin they can be judicially executed any such Instrument of the Law as a lawful Great Seal nor any Authority in England that can lawfully Condemn and Execute a Thief Murderer or other Offender without being themselves called Murderers by the Law all legal proceedings being now coram non Judice nor can this remaining Faction in the House of Commons shew any one President Law Reason or Authority whatsoever for their aforesaid doing but only their own irrational tyrannical Votes and the Swords of their Army Wherefore I do further Declare and Protest before God and the World That all free-born subjects of the Kingdom of England and Ireland are bound by the Stat. of Recognition 1. Jac. and by all our Lawes and Statutes By their Oathes of Allegiance Obedience and Supremacy the Protestation and National Covenant by very many Declarations Remonstrances Petitions and Votes
Remonstrance delivered to the Commons Novemb. 20. 1648. The second part of Englands New Chains and the Hunting the Foxes from New-Market and Triplo heath to White-hall by five small Beagles p. 6 7. See my Animadversions upon the Army Remonstrance Nov. 20. 1648. and Putney Projects p. 43. and Major Huntingtons Relation in a Book called A Plea for King and Kingdome in Answer to the Army Remonst presented Novemb. 20. 1648. pag. 14 15 16. and Second part of Englands New Chaines and the said Hunting of the Foxes c And the Reasons inducing Major Robert Huntington to lay down his Commission though since they Quarrel with Parliament and City for using them and Reducers of his Queen and Children without which they openly profess and declare positively in many printed Papers to the world and the Parliament There can be no setled peace nor happiness to this Nation The truth of this Assertion was obvious to the meanest Capacities and will suddenly be proved by dear and lamentable experience To all these undertakings they now hunt directly counter yet in pursuance of these undertakings the Army by their own Authority made Addresses to his Majesty and presented to him more tolerable Proposals than any he could obtain from his Parliament They treated with him yea they wrought upon him under-hand to neglect the Propositions from Parliament tendered to him at Hampton-Court and to prefer the Proposals of the Army and then presuming they had him fast lymed they propounded to him anew as I have it from good hands private Proposals from the Interest of the Independent Grandees and the Army derogatory to the Kingly Power and Dignity to the Lawes Liberties and Properties of the Subject and destructive to Religion To which his Majesty giving an utter denial they began to entertain new Designs against the Kings Person and Kingly Government which they ushered in by setting the Schismatical and Levelling Party on work in City and most Counties to obtrude upon the Houses clamourous Petitions against further Treaties and demanding exemplary Justice against the King exceedingly laboured by Cromwel himself in Yorkeshire both amongst the Gentry and Souldiers c. amongst these the Petition Dâ—cemb 11. 1648. was the most eminent these men that insolently petitioned against the fundamental Government of the Land and peace by Accommodation were entertained with Thanks Others that petitioned for Peace by Accommodation were entertained with Frowns disfranchisings sequestrations wounds and death as the Surrey Gentlemen this shewed with how little reality the over-ruling party in the Houses Treated with the King 2. part of Englands Chains discovered 1. â—reaty 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 Wight 2. The Parliament that is the predominant Party pursued him thither with offer of a Treaty upon Propositions conditionally that before he should be admitted to Treat he pass 4. Dethroning Bils of so high a nature that he had enslaved the People subverted Parliaments and had made himself but the Statue of a King and no good Christian had he by his Royal assent passed them into Acts of Parliament 1. par Hist Inâ— sect 62 63 64. and the Parliamâ—nt or rather the Grandees after his Royal assent might have made themselves Masters of all the other Propositions without his Consent so that this Treaty was but a flourish to dazle the eyes of the world His Majesty therefore denied the 4. said Bils and thereby preserved the legal Interests of King Parliament and People yet the Faction presently took a pretence and occasion thereupon to lay aside the King Ibidem sect 65 66 67 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 which were not passed without many threats and more shew of force than stood with the nature of a Free Parliament the Army lying near the Town to back their Party the design having been laid before-hand between Sir Henry Vane Junior Sir John Evelyn of Wilts Nath. Fiennes Solicitor Saint Johns and a select Committee of the Army I told you before the People had been throughly instructed formerly by the Army and their Agitators That there could be no peace nor happiness in England 2 part of Englands new Ch. discovered p. 4 5. without restoring the King to his just Rights and Prerogatives c. notwithstanding which the people now found their hopes that way deluded by the Army and their Party who had cast off the King upon private discontents the true grounds whereof did not appear and had obstructed all way s to Peace and Accommodation and made them dangerous and destructive to such as travelled peaceably in them witness the sad example of the Surrey-men Kent Essex and all to perpetuate their great Places of power and profit The minds of the people therefore troubled with apprehension that our old Lawes and laudable form of Government should be subverted and new obtruded by the power of the Sword suitable to the power and lust of these ambitious covetous men and finding besides evident symptomes of a new War approaching to consume that small Remainder which the last Wars had left grew so impotient of what they feared for the future and felt at present insupportable Taxes Free-quarter insolency of Souldiers Martial Law Arbitrary Government by Committees and by Ordinances of Parliament changed and executed at the will and pleasure of ths Grandees instead of our setled and well approved Laws that despair thrust them headlong into Arms in Wales Kent Essex Pontefract c. and at the same time a cloud arising in Ireland a storm powred in from Scotland and the Prince threatning a tempest from Sea these concurrences looked so black upon the Independent Grandees that they gave way to a second mock-Treaty in the Isle of Wight 2. Treaty in the Isle of Wight which was the fruit of their cowardise and subtilty as appeares by Sergeant Nicholas a Creature of theirs who 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 now they attribute all to the Kings corrupt Party in the two Houses the Army likewise kept a mock-Fast or day of Humiliation at Windsor to acknowledge their sins 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 judgment of the Parliament and Declared Decl. Jun. 14. 1647. That it was proper for them to act in their own sphere as Souldiers and leave State affairs to the Parliament but this was done but to recover
a Castle or two in Kent were not yet reduced the people in Wales Kent Essex the North not yet setled in such a calme but that a new storme might arise a considerable party of the Scots yet unbroken in England and fronting Cromwell and Lambert under the Command of Monroe a daring knowing and uncorrupted Commander Scotland it selfe not yet assured to them and above all the Prince of Wales with a strong Fleet at Sea likely to raise new tempests at Land had he landed some men â—n Kent or Essex to gather up the male-contents there but newly scâ—â—tered and broken and ready to adhere to any Party to defend themselves from the fury and rapines of their Committee Warwick but a fresh-water Admiral lying in the Thames under Protection of the Block-houses and relying upon Land-souldiers to awe the Mariners from mutinying a cloud arising in Ireland ready to break into a storme upon these considerations the Cabal or close Junto of Grandees thought fit to dally on the Treaty the better to keep the Prince quiet in expectation thereof and gain time to work upon his Seamen already corrupted with want of work and pay and to gull and pacifie the rest of the Members and People not patient of a sharper remedy until Oliver had quite finished his Northerne work aâ—d marched nearer London Colchester reduced and the Princes Fleet retired to Harbour to avoid Winter and then to break off the Treaty and purge the House of those Members that sought Peace by an accord with the King under the notion of the Kings corrupt party to blinde their eyes therefore the Speaker Lenthall though at this time the Fore-man of Olivers shop when it was debated in the House Whether a Treaty should be had with the King in the Isle of Wight upon the Propositions of Hampton-Court The Question much opposed and at last put the Noes and the Yeas were equal 57. to 57. insomuch that the Speakers voice was put in to turn the Scales he gave his voice in the affirmative that time following 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 break off the Treaty and the Armies Scout from Tuesday Novemb. 14. to Novemb. 21. 1648. propounds three Riddles to the Reader 1. Why the Grandees of the Junto that use to rule the Army are the most active Solicitors for an Agreement of the Parliament with His Majesty when then the Army are acting to the contrary 2. Why His Majesty stumbles only at the matters wherein the Presbyterian Interest are concerned when that Faction is the only visible prop to His Life Crown Dignity and dying Interest 3. Why the Souldiers Petitions for Justice upon his Majesty were ill resented and they thought worthy to be tried by a Councel of Warre as Offendors yet a Remonstrance was 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 Treaty sect 132. The next thing taken into consideration in relation to the Treaty was the giving new instructions to Hammond the Head-Goaler how to demeane himself in the Treaty which had formerly been Voted to be in the Isle of Wight with honour freedome and safety to his Majesty The Instructions were 1. That the King should enjoy the same liberty during this Treaty that He had at Hampton-Court 2. That no person excepted out of mercy none now Imprisoned by the Parliament nor none now in actuall Armes against the Parliament should be admitted to come to the King 3. That no forreign Agent should make any Addresse to him without leave of both Houses Against these Instructions it was argued That some of them contradicted the former Votes That the King should Treat in Honour and Freedome and that He should enjoy the same Liberty He had at Hampton-Court which could not be so long as He was denyed to correspond with other Princes His Allyes with whom He was in league and amity by their Ambassadors and Agents a Royalty inseparable from the Crowne allowed Him at Hampton-Court and to deny it was implicitely to dethrone Him To which was answered That this was true of a King in actuall exercise of his Regall power which this King neither is nor ought to be untill He hath given satisfaction to His Parliament That it was a great condescention in them and below the Dignity of a Parliament to recal their Votes of Non-Addresse and put the businesse of the Treaty thus forward and if He would not accept of a Treaty upon such conditions as the Parliament thought fit then things would be but where they were The peaceable moderate Party perceiving what operation the Scotish Victory had already upon the fancies of those hot-headed Men knew they must speak mannerly and modestly for feare of correction and must take what they could since they could not have what they would 4. That the King should give His Royall word not to remove out of the Island during the Treaty nor in 20. daies after without consent of the two Houses this was to make his chaines a linke or two longer 7. The Earle of Warwicks Letter to Derby-ho complaining of his Sea-men yet the King did give His Royall word accordingly Thursday Aug. 24. a Letter came to the Committee of Safety at Derby-House from the Earle of Warwicke complaining of the perversnesse of his owne Sea-men and that those with the Prince would not yet stoop to the Gods of Gold his owne words That some other way must be thought of besides force to undermine the Prince that since they had subdued their Enemies by Land it would be a good preparative to work upon their Enemies by Sea with the same Engine You see these Saints having gotten a publique Purse into their hands are at the peoples cost and charges bountifull Corrupters of other mens faith having none of their owne About this time a new kind of pick-lock was invented to open the iron Chests and Counter-Boards of the City 8. A Committee to make effectuall the Sale of Bishops Lands and cajole the City and invite them to throw more money after that they had cast away already in purchase of Bishops Lands namely a Committee to consider of a way to secure unto the Purchasers the Mony they had already disbursed upon the said Lands and to remove all impediments in the Sale for time to come To which Col. Harvy said That he had experience in the late defection of the City when the Men most backwards in the Parliaments service were such of the Presbyterians as had no engagement upon Bishops Lands wheras others of the same Party that have interest in the same Lands are as forward as any the best affected Here you see what it is that chaines the affections of the City to this Parliament and what it is that
lesse I think to hurt his Person the Lawes are the Kings Lawes Courts the Kings Courts Judges his Judges Great Seale his Seale Writs the Kings Writs the Justice and Peace of the Land are his consequently the Warrs his Warrs he is the fountain of all Authority as well as of all Honour * 1 Pet. â— 13 Hâ—â—e the King is called Supâ—eâ—e not the People and thoâ—gh said to be an ordinance of man in some respects yet St. Paul Râ—m 13. saith He is ordain'd of God 2. Governours are distinguished the King is supreme and Governors are sent by him and his Commission Besides it appears Gen. 3.16 and 4.7 God gave not to all men that freedom which is supposed the foundation of supremacie 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 whom the Commonalty consists and each individual nor the whole Commonaâ—ty can give him more power then himself hath But no man hath power over his own life neither arbitrarily nor judicially but onâ—y 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 their liberty and subjected to him and then God who only hath power of life and death invests the King with power to be the Minister of God to execâ—te vengeance not bearing the Sword in vain Rom. 13. See Dr. Hammonds Letter to the L. Fairfax Jan. 5. 1648. Thou shalt not speak ill of the Governour of the People therefore not accuse him The King hath no Superiour nor equal in England contrary to that false distinction of the Observator that he is Major singulis minor universis When David would have gone forth to Battel his Army disswaded it using these reasons If we flee they will not care for us nâ—ither if halfe of us die will they care for us But thou art worth ten thousand of us Here you see the King is reckoned major universis more than all his Army and yet that Army was at that time in effect all the well-affected of the Land and therefore by the Anarchical Principle aforesaid the only People of the Laâ—d for further proof hereof I appeal to all our Laws and Statutes how will they Try him Who shall Judge him who are his Peers that he may be Legally Tryed like a Freeborn man for sure they cannot deny him that right according to Magna Charta per legale judicium parium suorum It is a grounded Maxime in our Lawes The King can do no wrong wherefore then will they Try him for doing no wrong The policy and civility therefore of our Lawes and of our Parliament too in all their Declarations Remonstrances so long as they continued in any state or degree of innocency always accused his Evil Counsellours and Ministers and freed Himself lest they gave advantages to ambitious men Absalom-like to scandalize and dishonour him and render him low and vile in the eyes of the People to the disturbance of the peace of the King and Kingdoms and shaking of the Royal Throne which is alwayes accompanied with an earth-quake of the whole Land Saint Peter bids us Submit to every ordinance of man for the Lords sake whether it be to the King as supreme or unto Governours as those that are sent by him As free and not using your liberty for a cloake of malitiousnesse but Feare God Honour the King But these rebellious Saints abusing Christian liberty for a cloake of malitiousnesse will according to their 4th Antimonarchical Principle make the giddy ignorant tumultuous many-headed multitude Judges of their King and make the confused Rabble his Superiours thereby setting up two Superiours one contradictory to the other and so turn the Kingly Government into a popular Military Government abolish our Lawes and leave all to the power of the Sword in an Arbitrary way to carry on their designe to which purpose they have lately caused their Journey-men the present House of Commons to Vote contrary to our knowne Lawes That the Supreme Authority of this Nation is in the People of England and therefore in themselves as their Representative This is a 6. Anarchical Principle of the Army and their Party who wanting reason to prove it assert it by the Authority of their Mock-Parliament and must now make it good by the Sword to justifie their proceedings against the King and People These popular principles are meer empty notions whereby the Grandees draw the Supreme Authority thorow the People to themselves the better to enslave them for the liberty of the Commons doth not consist in a licentiousnesse to interrupt the Government of their Superiours and change the Government according to their fancies but the liberty of the People consists in the enjoying the fruits of their labours their goods possessions estates and their personal liberty according to the knowne Lawes of the Land When Harry Martyn in Barkshire forbade the People to stand bare at the Sessions and doe homage and fealty to their Lords he gulled them and gave them that which was not their due to rob them of that which was their due their Horses Goods Money plundred from them for service of the State forsooth and beat them that defended their owne so that while he flattered them to be the Supreme Authority and Lords Paramount and the Parliament to be their Servants he used them like Slaves conquered by the Parliament Besides it is not all the People nor the thousandth part of them but a few covetous ambitious men that desire to bring the King to capital punishment and subvert our fundamental Government and Lawes that have usurped the power of the Kingdome into the hands of their Faction and now require this to keep themselves from being called to account The second Demand tends to disinherit his Posterity viz. That the Prince and Duke of Yorke come in by a day appointed and acquit themselves of their capitall Delinquency or else to be Declared incapable of Government and to die without mercy if afterwards found in the Kingdome thâ—s Summons is but to insinuate their guilt if they refuse to appeare as reason tells us they must and will This is to shut the door after Monarchy and keep it out for ever in farther pursuance they demand the Revenue of the Crowne to continue still in Hucksters hands to pay publique Debts and repaire the Losses of the People that is themselves The second sort of Propositions are for setling of the Kingdome upon their owne Grounds and Interest That a certaine period be set to this Parliament by which time the Supreme trust in them may returne unto the People that is still to themselves and their Faction the new erected Committee of State the hogen mogens at White-hall Thus you see having removed
Garriâ—ons White-hall and the Mewes upon hâ—s owne head as if he meant to keep out the King in defiance of the Treaty he brought to Towne with him foure Foot Regiments and six Regiments of Horse part whereof quartered at White-Hall the rest in Yorke House and other great Houses the Horse turned the Reformado Horse Guards that attended the Houses and lodged in the Mewes by their order out of their Quarters without applying themselves to the Houses Upon Monday Decemb. 4. 21. Tâ—e House inform'd that the King was surprized by the Army and caâ—â—ied Prisoner to Harst Castle News came to the House that by severall Orders from the Generall His Majesty was seized in His Bed-chamber and hurried away Prisoner to Hurst Castle a Block-house out of the Isle of Wight standing about a mile and a half in the Sea upon a Beache full of mud and stinking oaze upon low tydes having no fresh-water within two or three miles of it bitter cold and of a foggy and pestilent ayre so noysome that the Guards thereof are not able to endure it long without shifting their Quarter This was a torment beyond Pistoll and Poyson many spake against the insolency of this fact as being committed against the life of the King and against the honour and publique faith of the Parliament who had Voted He should Treat in Honour Freedome and Safety in Newport in the Isle of Wight and had accepted His Royall Word not to withdraw out of the Island during the Treaty nor in 20. daies after which were not yet expired and now to have the Houses debates and results fore-stalled and the Treaty made frustrate by such an act of violence and prevention committed upon the Person of the King was a presumtuous and rebellious act It was moved therefore that it might be Declared That his Majesty was removed out of the Isle of Wight by his Excellencies Warrant without the consent or privity of the House But those Members that Idolize that Bell and the Dragon the Army and are but Priests fatting themselves upon the Sacrifices of that Image insisted upon it to have two words amended in the Question 1. The word Declare would be construed to be a Declaring against the General and Army 2. The word Consent to be left out lest it argued a disagreement in opinion and practice between the Army and the House as if the Houses dissented from it And certainly those Gentlemen that stood upon these niceties could not say it was done with their consent for it was hatched in the Junto so it was barely voted To be done without privity of the House neverthelesse 22. The Dâ—bate upon thâ— Kingâ— Answers resumed The same day they resolved to resume their last Saturdaies debate upon the Kings Answers to the Propositions of both Houses The first Question debated was Whether they were satisfactory or no The Army Party argued They were not satisfactory because the King had not granted all their Propositions in Terminis To this was Answered That these Propositions were not sent to his Majestie as Bills to be passed in Terminis without debate but as Propositions to be Personally Treated upon as the Votes of both Houses and the Instructions of their Gommissioners prove now 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 between Nation and Nation where their first demands are never fully granted but alwaies qualified and limited if not diminished the rule being Iniquum pitas ut justum feras so in all Treaties between Enemies Party and Party see Mr. Pryn's said Speech Decemb. 4. 1648. where to avoid cavils he waves this equivocall Question and propounds the Question anew in these termes Whether the Kings finall Answers to the Propositions of both Houses in this Treaty considered altogether 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 wel-grounded Peace both in Church and Common-wealth rather than reject them as unsatisfactory and so hazard the losse of all and the perpetuating of our Wars and miseries This he held in the Affirmative with so many strong and solid Reasons Arguments and Presidents both out of Divinity Law History and policy and with so cleare a confutation of the opposite Arguments that no man took 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 which 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 works which I desire should be long-lined and passe through many hands This Debate lasted until Tuesday morning 5. Decemb. eight of the clock the Independents hopeing to tyre out and fright away the moderate men and then it was Resolved upon the Question notwithstanding the terrors and menaces of the Army That the Answers of the King to the Proposition of both Houses are a ground for the Houses to proceed upon for the settlement of the peace of the Kingdome It was carried affirmatively by 140 Voices against 104. that this Question should be put and the Question it selfe was carried cleerly Affirmative without dividing the House presently after this House appointed a Committee of 6. Members to attend the General to conferre with him and his Officers and keep a good correspondency between the House and the Army who had so much surly pride and so little manners as to give them leave to take a nap of three or four houres long after their nights watching before admittance and at last dismissed them with this churlish Answer That the way to correspond was to comply with the Armies Remonstrance The House adjourned until VVednesday following VVednesday Decemb. 6. 1648. 23. The Armies treasonable violence upon the House in s curing and secluding their Members The Saints militant being enraged that the House had recovered so much courage and honesty as to Vote according to their Consciences and neglect their wild Remonstrance and threatning Declaration after some private conference in the morning between Pride Hewson and other Officers and the Speaker in Westminster-hall with the dores shut they sent to the House of Commons a Paper requiring that the impeached Members and M. G. Browne who they belied to have called in Hamilton might be secured and 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 Hâ—â—se to proceed to a
let the Saints now voting in the House examine their pockets for I am confident their consciences had no hand in the businesse Resolved c. That the matters contained in these Papers are destructive to the beings of Parliaments and to the fundamental Government of the Kingdome Resolved c. That a Letter should be sent to the General and those Papers inclosed together with the Vote of this House upon them and that he be desired to examine the proceedings of this businesse in the Army and returne an Account thereof to this House The General and Councel of Warre in pursuance of this Vote 37. The said Agreement damned by the General and Councel of War and a Souldier shot by sentence for promoting it condemned one of the Agitators who promoted it and shot him to death at Ware you see what it is to do a thing unseasonably this Designe of the Army and their Party was not yet ripe wherewith they acquainted the House yet they kept in the same fire in the City still where some of their Confederates 23. of the same Novem. sent the same Agreement c. inclosed in a Letter with a Petition into the House of Commons whereupon the House giving thanks to the General for the execution done at Ware and desiring him to examine that businesse to the bottome unanimously passed these Votes Die Martis 23. Nov. 1647. A Petition directed to the Supreme Authority of England 38. The said Agreement condemned by the House a second time 23. Nov. 1647. the Commons in Parliament assembled and entituled The humble Petition of many Free-borne People of England sent in a Letter directed to Mr. Speaker and opened by a Committee thereunto appointed was read the first and second time Resolved c. That this Petition is a seditious and contemptuous avowing and prosecution of a former Petition and Paper annexed stiled An Agreement of the People formerly adjudged by this House to be destructive to the being of Parliaments and fundamentall Government of the Kingdome c. Resolved c. That Tho. Prince Cheese-monger and Sam. Chidley be forthwith committed Prisoners to the Prison of the Gate-house there to remaine Prisoners during the pleasure of this House for a seditious and contemptuous avowing and prosecution of a former Petition and Paper annexed stiled An Agreement of the People formerly adjudged by this House destructive to the being of Parliaments and fundamental Government of the Kingdome Resolved c. That Jeremy Ives Tho. Taylor and Will Larner be forthwith committed Prisoners to the Prison at New-gate c. as last aforesaid in Terminis Afterwards by an Ordinance Decemb. 17. 1647. for Electing Common-Councel-men and other Officers in London they expresly ordained That no Person who hath contrived abetted perswaded or entred into that engagement entituled The Agreement of the People declared to be destructive to the being of Parliaments and fundamental 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 Ward 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 whole yeare and be uncapable of any of the said Places yet now these petty Fellowes keep the whole City in awe 39. Yet this Agreement since inserted into the Remonstrance of the Army owned by the Generall and Councell of Warre and Nov. 20. 1648. obtruded upon the House These multiplied Votes and Ordinance laid this Agreement of the People asleep until the beginning of November 1648. when to hinder the peace of this Kingdome and reliefe of Ireland the Jesuits and Agitators prosecuted it againe in the Army and inserted it againe verbatim in the Remonstrance of the Army Novemb 20. 1648. to break off the Treaty with the King bring him to capitall punishment and cast the odium of all upon the Parliament And the General and his Councel 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 when 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 when the House at last closed up the Treaty with this Vote That the Kings Answers to the Propositions of both Houses were a ground for the Houses to proceed upon towards a settlement 40. Why they purged the House They seized upon 41. Members of Parliament secured them and villanously treated them secluded above 160. and frighted away at least 40. or 50. more leaving onely their owne Somerset-house Junto of 40. or 50. thriving Members sitting to unvote in a thin House under a force what had been voted in a full and free House To vote down 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 capital punishment before a new invented illegal mixed Court consisting of engaged persons erected for that purpose that hath neither foundation by Prescription nor Law and to erect a Councel or Committee of States out of their number in the nature of Lords States General or Hogen Mogens with an unknown and therefore unlimited Authority to continue in being after the dissolution of this Parllament So farewel Kings Lords and Commons Religion Laws and Liberties and all Votes Declarations Remonstrances Protestation and Covenant made heretofore onely to gull the People and carry on their designe About 19. Decemb. 41. Diverse Lords doe homage to the General and wave their honours divers Lords went to do homage to the General to expresse their good affections to him and their concurrence with him for the Common good and their readinesse to wave 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 and 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 wrongfully or hath assisted the King against the Parliament in the first or second Warre or hath been aiding or assisting in bringing in 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 within the Cities of London and Westminster or the Counties of Kent Essex Middlesex or Surrey shall be 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 within the City for the yeare ensuing or be capable to give
a force consulting in the House without their fellow Members advice or concurrence about speedie Deposing and executing CHARLES their lawfull Soveraign to please the Generall Officers and Counsell of the Army who have usurped to themselves the Supreme Authoritie both of King and Parliament or rather the Jesuits and Popish Priests among them 1. By the Common Law the Stat. 25. Edw. 3. Cok. 5. Inst 4. 1. Stamf. Pleas of the Crown l. 1. c. 1 2. and all other Acts concerning Treason It is High Treason for any man by overt act to compass the death of the King or his eldest Son though never executed and so adjudged by Parliament in the Earl 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 lawful and rightful King of this Realm and that the Pope neither of himself nor by any authority of the See of Rome or by any other means with any other hath any Power or Authority to depose the King c. 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 96 181 182 340 341 424 425 499 599 623 696 806 807 879. Appendix p. 15. 3. Your selves amongst other Members 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 Crown Dignity or Posterity but intended to Him and His Posterity more Honour Happiness Glory and Greatness than ever any of His predecessors enjoyed That you would make good to the uttermost with your Lives and Fortunes the Faith and Allegiance you have alwaies born to him That all Contributions Loans should be imploied onely to maintain the Protestant Religion the Kings Authoritie Person Royal Dignitie Laws 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. p. 298 695 696 657 658 991. That if they should make the highest Presidents of other Parliaments their pattern 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 loyal hearts Collect. of all Orders p. 8 13 41 43 44 49 51 61 64 96 99 623 696 879. Appendix p. 15. 4. By the Protestation 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 National Covenant They vowed to defend the Kings Person and Authoritie in preservation of true Religion and Liberties of the Kingdom 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 own hands robbing both King Lords and the rest of your fellow Members thereof whom you are content should be violently shut out by your Army who have leavied War against the Parliament to dissolve it till the removall of which force and restoring your Members with freedom and safety Also 15. E. 3. n. 5. 17 E. 3. n. 2 6. 18. E. 3 n 1. 2. 5. c. 1. 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. you ought not to sit or Act in your Armies own doctrine in their Remonstrance Aug. 18. and by the Declaration and Ordinances of both Houses Aug. 20. 1647. 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. 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 House were full You have neither Law nor president for what you do Edw. 2. Rich. 2. were forced by Mortimer and H. 4. to resign their Crowns in a formall way one to his Son 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 Reign 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 with out hearing them See Mr. Io Geerees Ans to that silly Sophister Io Goodwin called Might overcoming right Jan. 11. 1648. The House read the Answer of the Generall Counsell of the Army concerning the secured and 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. Jan. 1648. with much ado got printed their Vindication against the Aspersion 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 sum whereof is as followeth 73. The sec and secl Memb. Defence against the scandalous An of the C of W By the Preamble of this Answer and by the Proposals of the 6. Decemb. and the late Declaration and Remonstrance therein cited it appears this Design to break 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 self irregular and not justifiable but by honest intentions and extraordinarie necessitie the weakness of which Answer we must examine but first must state the case b tween 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 Kingdom 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 solemn 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
of the people of England to which charge being required to Answer He hath been so far from obeying the commands of the Court by submitting to their Justice as He began to take upon Him Reasoning and Debate unto the Authority of the Court And to the Highest Court that appointed them to Trie and to Judge Him but being over-ruled in that and required to make His Answer He still continued contumacious and refused to submit to Answer Hereupon the Court that they may not be wanting to themselves nor the Trust reposed in them nor that any mans willfulnesse prevent Justice they have considered of the charge of the contumacy and of that confession which in Law doth arise on that contumacy they have likewise considered the notiority of the Fact charged upon this Prisoner and upon the whole matter they are resolved and have agreed upon a Sentence to be pronounced against this Prisoner but in respect He doth desire to be heard before the Sentence be Read and pronounced the Court hath resolved to hear Him yet Sir thus much I must tell you beforehand which you have been minded of at other Courts that if that which you have to say be to offer any debate concerning the Jurisdiction You are not to be heard in it You have offered it formerly and you have struck at the root that is the Power and Supreme Authority of the Commons of England which this Court will not admit a Debate of and which indeed is an irrationall thing in them to do being a Court that act upon Authority derived from them But Sir if you have any thing to say in defence of your self concerning the matter charged the Court hath given me in commands to hear You. King Since I see that you will not heare any thing of debate concerning that which I confesse I thought most materiall for the peace of the Kingdome and for the liberty of the Subject I shall wave it but only I must tell you that this many a day all things have been taken away from Me but that that I call dearer to Me than My life which is My Conscience and Mine Honour and if I had a respect of my life more than the peace of the Kingdome and the liberty of the Subject certainly I should have made a particular defence for My life for by that at leastwise I might have delayed an ugly Sentence which I believe will passe upon Me therefore certainly Sir as a man that hath some understanding some knowledge of the world if that my true zeale to my Country had not overborne the care that I have for My owne preservation I should have gone another way to worke than that I have done Now Sir I conceive that a hasty Sentence once passed may sooner be repented of than recalled and truely the self-same desire that I have for the peace of the Kingdome and the liberty of the Subject more than My owne particular ends makes Me nâ—w at last desire that I having something to say that concerns both I desire before Sentence be given that I may be heard in the Painted-Chamber before the Lords and Commons this delay cannot be prejudiciall to you whatsoever I say if that I say no reason those that heare Me must be Judges I cannot be Judge of that that I have if it be reason and really for the welfare of the Kingdome and the liberty of the Subject I am sure its very well worth the hearing therefore I do conjure you as you love that which you pretend I hope its reall the Liberty of the Subject and peace of the Kingdome that you will grant Me this hearing before any Sentence passed but if I cannot get this Liberty I do protest that your faire shewes of Liberty and Peace are pure shewes and that you will not heare your King The President said This was a declining the Jurisdiction of the Court and delay Yet the Court withdrew for half an hower advised upon it and sat againe Bradshaw said to the King That the Court had considered what He had moved and of their owne Authority the returne from the Court is this That they have been too much delayed by You already and they are Judges appointed by the highest Authority and Judges are no more to delay than they are to deny Justice and notwithstanding what You have offered they are resolved to proceed to Sentence and to Judgement that is their unanimous resolution The King pressed again and again that He might be heard by the Lords and Commons in the Painted Chamber with great earnestnesse and was as often denied by Bradshaw at last the King desired that this Motion of His might be entered Bradshaw began in a long Speech to declare the Grounds of the Sentence much aggravating the Kings offences and misapplying both Law and History to his present purpose When Bradshaw had done speaking the Clerke read the Sentence drawn up in Parchment to this effect 84. The Sentence against His Majesty THat wheras the Commons of England in Parliament had appointed them an high Court of Justice for the Trial of Charls Stuart King of England before whom He had been three times convented and at the first time a charge of High Treason and other high crimes and misdemeanors was read in behalfe of the Kingdome of England c. * * Here the Clerk read the aforesaid Charge Which charge being read unto Him as aforesaid He the said Charls Stuart was required to give His Answer but He repused so to do and so expressed the severall passages at His Tryall in refusing to Answer For all which Treasons and crimes this Court doth adjudge That He the said Charls Stuart as a Tyrant Traytour Murtherer and a publique Enemy shall be put to Death by severing of His Head from His Body After the Sentence read the President said This Sentence now read and published it is the Act Sentence Judgment and resolution of the whole Court Here the whole Court stood up as assenting to what the President said King Will you heare Me a word Sir Bradshaw Sir You are not to be heard after the Sentence King No Sir Bradshaw No. Sir by your favour Sir Guard withdraw our Prisoner King I am not suffered to speak expect what Justice other people will have These are the Names of such Persons as did actually sit as Judges upon the Tryall of His Majesty with the Councel and Attendance of the Court. Oliver Cromwel L. Gen. Com. Gen Ireton Major Gen. Skippon Sir Hardresse Waller Col. Thomas Harrison Col. Edward Whalley Col. Thomas Pride Col. Isaac Ewer Col. Rich. Ingelsby Sir Henry Mildmay Thomas Lord Grey Philip Lord Lisle Will. Lord Munson Sir John Danvers Sir Tho. Maleverer Sir John Bowcher Sir James Harrington Sir William Brereton Will. Henningham Esq Isaac Pennington Ald. Thomas Atkins Ald. Col. Rowland Wilson Sir Peter Weentworth Col. Henry Martyn Col. William Purefoy Col. Godfrey Bosvill Col. John Berkstead Sir Will. Cunstable Col.
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 self I will only give you a touch of it 3. For the people and truly I desire their Liberty and Freedom as much as any man whatsoever I must tell you their Liberty and Freedom 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 Soveraign are clean different things and therefore until 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 answer the Dutch Ambassadours that what they had done to the King was according to the Law of the Land They mean that their Lusts are the Laws of the Land for other Law they can shew none This was the effect of his Majesties Speech who shewed much Magnanimity and Christian patience during all the time of His Trial 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 Pettyfoggers Braâ—shaw 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 ancient Kingdom is Emblematically presented to the Readers view See the Figure before the Title page Presently after this dissolution of the King 94. Proclamations published against proclaiming the King the Commons sent abroad Proclamations into London and all England over reciting That whereas severall pretences might be made to this Crown 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 do 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 Chief 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 Usage or custome to the contrary notwithstanding Who shall judgâ— when these Fellows will be thought free and when not and whosoever shall contrary to this Act Proclaim c. Shall be deemed and adjudged a Traytor and suffer accordingly 95. A Proclamation privately printed and scattered proclaiming CHARLS the second Notwithstanding which inhibition the 2. February 1648. was printed and scattered about London-streets this following Proclamation * A Proclamation proclaiming CHARLES Prince of Wales King of Great Britaine France and Ireland VVEE the Noblemen Judges Knights Lawyers Gentlemen Freeholders Merchants Citizens Yeomen Seamen and other freemen of England do according to our Allegiance and Covenant by these presents heartily joyfully and unanimously acknowledge and proclaim the Illustrious CHARLES Prince of Wales next heir of the blood Royall to his Father King CHARLES whose late wicked and trayterous murther we do from our souls abominate and all parties consenters thereunto to be by herditary Birthright and lawfull succession rightfull and undoubted King of Great Britaine France and Ireland and the Dominions thereunto belonging And that we will faithfully constantly and sincerely in our severall places and callings defend and maintaine his Royal Person Crown and Dignity with our Estates Lives and last drop of our Bloods against all Opposers thereof whom we do hereby declare to be Traytours and Enemies to his Majesty and his Kingdoms In testimony whereof we have caused these to be published and proclaimed throughout all Counties and Corporations of this Realm the first day of February in the first year of His Majesties Reign God save King CHARLES the Second The fag end of the House of Commons Febr. 1. 1648. 96. A Vâ—te that such Members aâ— had assented to the Vote 5. Dec shall sit no more others to enter their d sâ—eâ—â— and disappro all passed a thing they call an Act That such Members as had assented to the Vote 5. Decemb. 1648. That the Kings Concessions were a ground for the House to proceed to a settlement should not be re-admitted to sit as Members such as were then in the House and voted in the negative should first enter their dissent to the said Vote such as were abâ—ent should declare their disapprovall before they sit You see the cheating Godly are resolved to keep all to themselves This day their tame Lordships sent a Message to the House of Commons but they were too surly to call the Messengers in 97. The Lords send a Message to the Commons but the messenger not called in the substance of the Message was That their Lordships had appointed 7. of their House to joyn with a proportionable number of Commons to consider of a way how to settle this Nation Munday 5. Febr. 1648. 98. The house of Lords voted down The Commons debated whether they should continue the House of Lords as a Court Judicatory or Consultory onely And the day following they put this Question Whether this House shall take the advise of the House of Lords in the exercise of the Legislative power of the Kingdom in purâ—uance of the Votes of this House 4 Janu last This was carried in the Negative by many Voices in farther pursuance of which Vote they farther voted That the House of Peers in Parliament is useless and dangerous and ought to be abolished and that an Act be brought in for that purpose and voted down their Priviledge of being exempt from Arrests yet they graciously condescended they shall be capable of being elected knights of Shires and Burgesses if any will be so mad as to chuse them yet my Lord of Pembroke is as much overjoyed with gay Priviledge as if they had bestowed a new Cap with a Bell and a Bable upon him who will not now conclude that the Votes of this Legislative this supreme piece of the House of Commons is the onely Law and reason of the Land which leads all our Laws
People of England And whereas the said confederated Commons have likewise tyrannically and audaciously presumed contrary to their Oathes and Engagements aforesaid to take upon them to make Acts of Parliament as they terme them without our privity or assents or the joynt consent of the King and House of Lords contrary to the Use and Priviledges of Parliament and knowne Lawes of the Land and by pretext thereof have trayterously and wickedly endeavoured to Dis-inherit the Illustrious CHARLES Prince of Wales next Heire to the Crowne and actuall KING of England Scotland France and Ireland immediately after His said Royall Fathers barbarous Murther by Right of descent and proclaimed it Treason for any Person to Proclaime him KING whereas it is high Treason in them thus to prohibit His proclaiming and have likewise trayterously and impudently encroached a tyrannicall and lawlesse power to themselves to Vote down our antient Kingly and Monarchicall Government and the House of Peers and to make a new Great Seale of England without the Kings Portraicture or Stile and to alter the antient Regall and Legall Stile of Writs and proceedings in the Courts of Justice and to create new Judges and Commissioners of the Great Seale and to dispense with their Oaths of Supremacy and Allegiance and to prescribe new Oaths unto them contrary to Law though they have no Authority by any Law Statute or custome to administer or injoyne an Oath to any man and thereby have trayterously attempted to alter the fundamentall Laws and Government of this Kingdome and to subvert the freedome priviledges and being of Parliaments for which Treasons Strafford and Canterbury though least criminall lost their Heads this last Parliament by some of their owne prosecutions and the judgment of both Houses We in discharge of our respective duties and obligations both to God the King our owne Consciences our bleeding dying Kingdomes and the severall Counties Cities and Burrroughs for which we serve do by this present Writing in our owne Names and in the Names of all the Counties Cities and Burroughs which we represented in Parliament publickly declare and solemnly protest before the all-seeing God the whole Kingdomes of England Scotland and Ireland and the world that We do from the bottome of our hearts abominate renounce and disclaime all the said pretended Acts Votes and proceedings of the said confederate Members acted under the Armies power against our consents as treasonable wicked illegall unparliamentary tyrannical and pernitious both to the King Parliament Kingdomes and all the free-borne People of this Realme extreamly disadvantagious and dishonourable to our Nation scandalous to our Religion and meer forcible Usurpations and Nullities void in Law to all intents and purposes which we and all the Freemen of this Kingdome and all the Kingdomes and Dominions thereto belonging are bound openly to disavow oppugne and resist as such with our purses armes lives to the last drop of our blouds and to which neither We nor any other can ought or dare to submit or assent in the least degree without incurring the guilt of High Treason and the highest perjury infamy and disloyalty And in case the said confederates shall not speedily retract and desist 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 do We do 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 Bretheren 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 Parliament to Lord it over Us at their pleasure and enthrall and enslave Us to their armed violence and lawlesse martial wills which we can no longer tolerate nor undergoe after so long fruitlesse and abused patience in hope of their repentance About the same time came out another Paper entituled 109. A Paper entituled Foure true Positions c. ¶ Foure true and considerable Positions for the sitting Members the new Courts of Justice and new Judges Sheriffs Officers Lawyers Justices 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-men of this Realme without the Lords or Kings concurrent assents much lesse then can a small remnant onely of the Members of that House do it sitting under an armed force which nulls and vacates all their Votes and proceedings as the Ordinance of 20. August 1647. declares whilst most of their Fellow-Members are forcibly detained and driven thence as Mr. St. John 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 Justice of it selfe and having no power to hear 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 whatsover erect any new Court of Justice nor give power or authority to any new Judges Justices or Commissioners to arraigne try condemn or execute any Subject of meanest quality for any reall or pretended crime whatsoever much less their own Soveraign Lord the King or any Peers of this Realme who ought to be tryed 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 and Commissioners Judges or Justices giving and executing Sentence of Death in any such arbitrary and lawlesse void Court or by vertue of any such void and illegall Commissions 3. That the House of Commons and Members now sitting
their Wives Children Families and Posterity to venture their lives and all they have to make opposition against this the greatest mischief that ever was attempted the greatest Treason that ever was committed against the liberties of the People and not to stand any longer in a mix-maze between hope and feare for if this designe take place your great Officers and their Confederates in Parliament and Councel of State will be as so many Kings Princes and Lords and your selves and all the people their Slaves and Vassals Therefore keep every man his place and post and stir not but immediately chuse you a Councel of Agitators once more to judge of these things without which we shall never see a new Parliament or ever be quit of these intolerable burdens oppressions and cruelties by which the people are like to be beggered and destroyed About this time Master Robert Lockier 151. M. Lockier condemned by a Councel of Warr with his honourable death and burial and Lilburns Letter to the General and five or six other Troopers of Captaine Savages Troop were condemned for a supposed mutiny in behalf of whom Lieut. C. John Lilburne writ this Letter following to the General dated 27. April 1649. May it please your Excellency WE have not yet forgot your Solemne Engagement of June 5. 1647. wherby the Armies Continuance as an Army was in no wise by the will of the State but by their owne mutuall Agreement And if their standing were removed from one Foundation to another as is undeniable then with the same they removed from one Authority to another and the Ligaments and Bonds of the First were Dissolved and gave place to the Second and under and from the head of their first Station viz By the Will of the State the Army derived their Government by Martiall Law which in Judgment and Reason could be no longer binding then the Authority which gave being thereto was binding to the Army For the deniall of the Authority is an Abrogation and Nullment of all Acts Orders or Ordinances by that Authority as to them And upon this Account your Excellency with the Army long proceeded upon the Constitution of a new Councel and Government contrary to all Martial Law and Discipline by whom only the Army engaged to be Ordered in their prosecution of the Ends to wit Their several Rights both as Souldiers and Commoners for which they associated Declaring Agreeing and Promising each other not to Disband Divide or suffer themselves to be Disbanded or Divided without satisfaction and security in relation to their Grievances and Desires in behalf of themselves and the Common-wealth as should be agreed unto by their Councel of Agitators And by vertue and under colour of this Establishment all the Extraordinary Actions by your Excellency your Officers and the Army have past Your refusal to disband disputing the Orders of Parliament Impeachment and Ejection of Eleven Members your first and second march up to London your late violent Exclusion of the major part of Members out of the House and their Imprisonment without cause c. which can no way 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 Lawes and Liberties which we hoped long ere this to have enjoyed from your hands Yet when we consider and herewith compare many of your late carriages both towards the Souldiery and other free people and principally your cruell Exercise of Martial Law even to the Sentence and Execution of Death upon such of your Souldiers as stand for the Rights of that Engagement c. And not onely so but against others not of the Army we cannot but look upon your defection and Apostacy in such dealings as of most dangerous Consequence to all the Laws 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. which with your Excellency in point of duty ought not to be of the meanest obligation We do protest against your Exercise of Martial Law against any whomsoever in times of Peace where all Courts of Iustice are open as the greatest encroachment upon our Lawes and Liberties that can be acted against us and particularly against the Tryall of the Souldiers of Captaine Savages Troop yesterday by a Court Martial upon the Articles of Warre and sentencing of two of them to death and for no other end as we 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 which declareth That no person ought to be judged by Law Martial except in times of Warre And that all Commissions given to execute Martial Law in time of Peace are contrary to the Lawes and Statutes of the Land And it was the Parliaments complaint That Martial Law was then Commanded to be executed upon Souldiers for Robbery Mutiny or Murder Which 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 Law in England and there promise to preserve inviolably it and all other the Fundamental Lawes and Liberties concerning the preservation of the Lives Properties and Liberties of the People with all things incident therunto And the Exercise of Martial Law in Ireland in time of Peace was one of the chiefest Articles for which 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 warrantably destroy the Fundamental Liberties and Principles of the Common Law of England It being a Maxim in Law and Reason both that all such Acts and Ordinances are ipso facto null and void in Law and binds not all but ought to be resisted and stood against to the death And if the Supreme Authority may not presume to do this much lesse may You or Your Officers presume thereupon For where Remedy may be had by an ordinary course in Law the Party greived shall never have his recourse to extraordinaries Whence 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 Justice according to the Lawes and Statutes of the Realme in the times of Peace as now it is and the extraordinary way by Courts Martial in no wise to be used Yea the Parliaments Oracle Sir Edward Cooke Declares in the third part of his Institutes Chap. of Murder That for a General or other Officers of an Army in time of Peace to put any man although a Souldier to death by colour of Martial Law it is absolute murder in that General c. Therfore erecting of Martial Law now when all Courts of justice are open and stopping the free current of Law which sufficiently provides for the punishment
much more to act it Queen or their eldest Son and Heyre 2. To violate the KING'S Companion eldest Daughter unmarried or the Wife of the KING' 's eldest Son and Heyre 3. To leavy War against the King or adhere to his Enemies in his Realm and thereof be proveably attained of open deed by people of their condition 4. To counterfeit the King 's Great or Privy Seal 5. Or his M ney 6. To slay the King's Chancellor Treasurer Justices of one Bench or other Justices in Eyre Justices in Assize and all other Justices assigned to hear and determine being in their Places doing their Offices If any other case supposed Treason which is not above specified So the four Lords ought to have been Tried not by a new shambles of Justice doth happen before any Justices the Justices shall tarry without any going to Judgement of the Treason till the Cause be shewed and declared before the King and his Parliament not before the House of Commons only or before both Houses without the King whether it ought to be adjudged Treason You see how few in number these Treasons specified are and that they must be attained of open deed by their Peers our words were free under Monarchy though not free under our Free-State so were they under the Romans Tacitus An. 1. sub finem seaking of Treasons facia arguebantut dicta impune erant These horrible tyrannies considered and being destitute of all other less desperate relief I do here solemnly declare and protest before that God that hath made mee a Man and not a Beast a Free-man and not a Slave that if any man whatsoever that taketh upon him the reverend name and title of a Judge or Justice shall give Sentence of Death upon any friend of mine upon this or any other illegal Act of this piece of a House of Commons I will and lawfully may the enslaving scar-crow doctrine of all time-serving State-flattering Priests and Ministers notwithstanding follow the examples of Sampson Judith Jael and Ehud and by Ponyard Pistol Poyson or any other means whatsoever secret or open prosecute to the Death the said Judge and Justice and all their principal Abettors And I do here invite and exhort all generous free-born English-men to the like resolutions and to enter into Leagues defensive and offensive and sacramental associations seven or eight in a company or as many as can well confide in one another to defend and revenge mutually one anothers Persons Lives Limbs and Liberties as aforesaid against this and all other illegal and tyrannous Usurpations 162. A motion to inlarge Sir Will. Waller c. And the Generals Answer intimating the securing of the Members to be done by confederacy with the Army-party in the House About this time or a little before the General was moved to enlarge Sir William Waller and the other Members illegally kept Prisoners in Windsor He answered They were no longer his but the Parliaments prisoners It should seem the Brute hath made a private deed of gift of them to his Journy-men of the House The Generals Warrant seized and imprisoned them and notwithstanding the Councel of Officers declared in Print that they were preparing a Charge against them yet the Knaves lyed like Saints they were then so far from having matter to accuse them of that they have ever since hunted after a Charge against them and endeavoured to suborn Witnesses but after 24 weeks restraint whereas by the Law no man ought to be committed without an accusation they have found nothing against them This turning over of these Prisoners to the House of Commons proves what I formerly asserted in Sect. 24. That the violence of the Army in securing and secluding the Members was by consent of their Somerset-house Junto now sitting in the House of Commons 163 The General sends forth Warrants to all Justices of the Peace to attach those Levellers that he had routed The honest Levellers most of them Country-men endeavouring to draw to a Randezvouz about 600. or 700. of them marched from Banbury to Burford in Oxfordshire 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 usual custome to gain reputation by lying reported to be so many Hundreds And the General 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 General 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 and the Councel of Officers See the Vote and Act for abolishing the Kingly office 164. and his single self the Supreme Magistrate or Tyrant Paramount notwitstanding 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 General it is said thought fit to take hold of the Horns of the Altar The General sends to the City for additional Forces and wrote to his vassals of the City to send their Trained Bands to his relief that he might the better domineer over them and continue their slavery hereafter But if the Citizens have no more wit I wish their Horns may be as visible in their fore-heads 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 practices and as deep engaged in their tyrannical trayterous cheating bloody designs 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 success in the mean time the Levellers will have they wire-draw it through a Committee and refer it to be debated by a Committee of the whole House And at last if they must dissolve having packed themselves into a Councel of State they will usurp the Supreme Authority there to prepare the way to which design 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 like to have Great care is taken that the State or rather our States-mens private pockets might not be prejudiced by Judgments
be again set and knit together Dictum de Kennelworth None to be Dis-inherited but onely fined As namely Those 1. That began and continued in War 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 Winchester being yet unpardoned 6. That voluntary 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 years five years value and half their estates of Land If they sell it such as are by the Kings grant possessed of them 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 half to have half If in three years the whole be unpaid the Land to be divided between him that ows 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 the War 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 acquitted 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 remain where they are placed and be Ransomed as others but without destruction 5. Such as were with the King before the battel of Lewis and since are Dis-inherited His Majesty to declare his pleasure touching them 6. No man possest of wood to fell any but onely for repair 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 appeal 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 the Fines to provide for them 10. The Legate King and Henry d'Almain to Elect twelve who should eause these Articles to be executed and to see performed what they ordain according to the estimates already taken or if not to have new rates taken reasonable and true 11. Tenents that were against the King to lose their Leases but at the expiration of their time the Land to return to the true owner 12. Forts built by the assent of the King but without that of the Person dis-inherited after the Fine paid in three years to pay the costs of building of it in six years or receive a reasonable exchange in Land 13. Such of the Lay as apparently drew any to the part of the Earl of Leicester to pay two years Revenue 14. The Buyers of other mens goods wittingly to restore the value of that they have bought and be at the Kings mercy because that they did was against justice 15. Those that at the Earls command entred Northampton yet fought not but entred the Church 16. Such as held not of the Earl yet at his command entred to the action with him to pay half one years Revenue 17. Such as held of the Earl to be only at the Kings mercy 18. Impotent persons and such as did nothing to be restored to their Possessions and by justice recover their damages their Accusers punish'd by Law yet without loss of life or limb 19. Maliciously accused to have their Estates immediately restored 20. Women to have their own Lands and what they had of their first Husbands if their late Husbands were against the King to be restored according to Law or Fined 21. None to be fined but such as were against the King 22. Such as have been pardoned to remain so 23. Those that are fined to answer no Loss done to any but all damages to be remitted on every side except those that intermedled not and of the Church whose actions are saved 24. The King by reasonable Exchange to receive the Castles of Erdsley-Bishop and Chartley it seeming dangerous to leave Forts in their hands who have carried themselves ill towards the King 25. Those that in the future shall commit any outrages to be punished by Law 26. An Oath to be taken where it shall be held convenient not to pursue each other with revenge and if any shall attempt the contrary to be punished according to Law 27. The Church to be satisfied by those that injured it 28. Such of the Dis-inherited as refuse this Composition to have no Title to their Estates and to be esteemed publick Enemies to the King and Kingdome 29. Prisoners to be freed by the advice of the King and Legate 30. No Person to be Dis-inherited by reason of these Troubles by any to whom he ought to Succeed You see what great care was here taken to prevent spoyl and waste of Woods c. whereas in this latter Age the first thing taken into consideration is how to raise ready Money by destruction of Woods Housing and selling of the Stock to lay the Lands waste and decay Husbandry to the endangering of a Famine for the present and the Dis-inheriting our innocent Posterity for the future so little care is taken to keep that well which is so ill and illegally gotten And how much regard was had to preserve innocent Persons from suffering wrong in any just claim or Title they could make to any Land possessed by a guilty Person whether they claimed by Dower Joynture Title or Estate in Reversion or Remainder or otherwise I wish the like justice were now observed Monday night 4. June 178. The loss of Ships at Kingsale suppressed and misreported in the House and why 1649. that third part of a Lord Admiral Col. Edw. â—opham came to Westminster and presently made his Addresses to the high and mighty Estates in White-hall giving them a dismal Relation of his ill success in tampering with the Governour of Kingsale in Ireland who proving honester than the Saints expected took a summe of money of him to betray the Town Forts and Ships in the Road but when Popham came in to the Haven to take possession of his new purchase gave him such a Gun-powder welcome that he lost most of his Men landed to take livery and seisin and divers Ships he was commanded to conceal this ill news lest it discouraged the City to engage so far with them as to entertain them in the condition of a Free-State and surrender the Sword to them and so spoil the Design of
actions increase in horror and beget new afflictions to all honest English hearts So praying you to forbear further writing to me because I mean speedily to see you I rest Dundalk May 20. 1649. Your assured Friend and Servant Upon which Propositions so corrected by Monke and the close carriage of this business I shall trouble my Reader with these following Observations 1. Article You see the Counterfeit Alchymy Saints are content to joyn covertly with Massacring Irish Parpists to carry on their Antimonarchical Designs and to make a false Religion and corrupt worship of God the wages and hyre of righteousness 2. Article You see those Men that are so bloodily zealous to bring Protestant Delinquents nay the King himself under the notion of the Grand Delinquent the Man of Blood to punishment and pretend themselves engaged by Oath so to do can dispense with the Massacre of two hundred thousand English Protestants barbarously and inhumanely slaughtered in Ireland in time of full peace and can grant an Act of Oblivion to whole Armies of their Murderers thereby at once making their Antimonarchical interest the price for which they sell the innocent blood of their Brethren and defrauding the Irish Adventurers of that Money which the Parliament perswaded them to lay forth to purchase Rebels Lands in Ireland for which they have an Act of this Sessions of Parliament The like may be said of the 4. and 7. Articles whereby Rebels attainted and convict are restored to their confiscated Lands and the English Protestant planters that purchased them of the Crown are expelled out of their Inheritance what is this but a design to root out Protestancy as well as Monarchy 5. Article Taketh off all Incapacity Inability and distrust from O Neal and his party at that very time when with much counterfeit zeal they pretend great severity against the English Papists I think because they are not so very Rebels as the Schismaticks According to their usual custome to accuse other Men of their own Crimes they charged King CHARLES the First upon light surmises with complying with the bloody Irish Papists and do themselves actually combine with them to root out Monarchy and Protestancy giving them a Toleration of their Religion and the possession of the English Protestants Etates for their Hyre And it now appears 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 and O Neale are associated See the Perfect Occurrences nu 17. 138. from Aug. 17. to the 24. 1649. and that the Siege from Londonderry was raised by O Neales help which plainly proves that the Treaty and Conjunction was not only between Monke and O Neale but between O Neale and the Parliament or Councel of State and that the said Propositions so altered by Monke are confirmed by the Parliament or Councel of State 206. Cromwell's Souldiers desert him at Milford-haven and upon his complain his House of Commons vote their Debentures void and do still serve for a foundation for O Neale to assist the Parliament upon who have turned out O Neale at the Fore-door to gull the People and taken him in again at the Back-door Many of K. Olivers Officers and Souldiers abhorring the said Association with O Neale deserted him at Milford-haven as I have related and came to London whither they were pursued at the heels by a Letter from his Mushrome Majesty directed to his Vice-Royes at Westminster willing his Parliament that since to encourage the Souldiers to undertake the Irish expedition onely their Accounts had been Audited and Debentures granted for their Arrears they should recall and null their said Debentures In obedience to which Command a thing like an Act of Parliament is drawn up and order taken that the Commissioners that attend Cromwel into Ireland should certifie the Names of them all to the Parliament that they may be punished in purse for not prostituting their Consciences and shedding more innocent blood with an implicite faith and blinde obedience to K. Olivers unquestionable commands in maintenance of usurpation and lawless tyranny The rest of the Army may see by this precedent they may as well hope to recover a damned Soul out of Hell as their Arrears out of this bottomless Gulph the New State notwithstanding all their fair promises Orders weather-cock Acts and Debentures which are all written in waste-paper and as changeable as Tickets and Securities for the Publick Faith It being their constant resolution and best policy to feed them from time to time with vain hopes and a little spending-mony for which they are never the better now a bit of mony and then a bob of Martial Law and alwaies to promise never to pay their Arrears thereby to keep them together from Disbanding and going to their own homes and callings whilst the Councel of Officers who only are accounted the rational part of the Army receive duly the hire of unrighteousness and whatsoever else they can shark from the private Souldiers who are looked upon but as the Brutish part of the Army in whom it is become a capital Crime to question whether their Superiors deal justly with them or no as is proved to Lockyer The Common Souldiers as well as the Common People paying for the Ryot of their Colonels and superior Officers who Lord it in their gilt Coaches rich Apparel costly Feastings though some of them led Dray-horses wore Leather-pelts and were never able to name their own fathers or mothers I and for the Lands they purchase too yet the Officers have one device more to keep the Souldiers together which is They make them believe they are so generally hated they cannot with safety Disband and go home whereas it is the Superiours onely that are looked upon with hatred as the Authors of Tyranny and Oppression The Private Souldier being esteemed but their Instruments and such as in their kind and way are sufferers under the hand of oppression as well as other men many Souldiers have been purged out of the Army others have voluntarily quitted the Army and returned to their callings without being endangered or injured after their retirement which shewes this objection is but a Scar-crow For the clear manifestation of the Association between O Neale and the Parliament 207. A League Defensive Offensive concluded between O Neal and Sir Charls Coote Governour of Connaught for the Parliament See the last Section save one there are lately come to the Councel of State two Letters out of Connaught from Sir Charls Coote one Dated the 14. the other the 15. of August 1649. informing them with how much zeal to the Parliaments Interest Owen O Neale had freely raised the Siege of London-Derry Upon which Letters and the Votes and proceedings of Col. Pride's Parliament thereupon I shall commend to my Readers observation these following particulars 1. The 15. August Letters inform that O Neale freely offered his assistance
the witnesses face to face in open Court See Stat. 5 Ed. 6. chap. 11. Cooks 2. Inst pag. 26. and there swear them that the party accused may interrogate them and examine the circumstances and whether they contradict themselves or one another for clearing the Evidence And whether they be lawful witnesses or no Nay I hear they do privately suborn and engage witnesses without oath And then produce them to swear what they have formerly related only and if they scruple at an oath punish them for mis-informing the State 4. That I may make some more use of the aforesaid Members words Whether the King or a prevailing Party usurping his Kingly power may canton out a part of his Kingdom or cull and mark out for slaughter some principal men and deny them the benefit of Law in order thereto as these Judges do to be tried by special Commission since the whole Kingdom is under the known laws and Courts established at Westminster It should seem by this Parliaments eager complaint against the special Commission of York this Parliament hath determined this question in the negative already whatsoever their present practise to carry on their Design is See Stat. 17. Car. 1. against the Star-Chamber To what purpose serve those Statutes of Magna Charta and the Petition of Right if men may be fined and imprisoned nay murdered without Law according to the discretion of Commissioners This discretion is the quick-sand that hath swallowed our Properties Liberties but is now ready to swallow our carkasses Thus far that Gentleman Whose words then carried the Parliamentary stamp upon them Let me add some more exceptions of my own against this High Court of Injustice 5 Souldiers of the Army are appointed by the Act 26 March to be assistant to the Commissioners contrary to the peaceable proceedings of the Law which never makes use of any but Civil Magistrates and Officers of the Law See Stat. 7 Ed. I. 2 Ed. III. chap. 3. 7. R. 2. chap. 13. 6. And contrary to the old oath which all Judges ought to take in these words You shall swear well and faithfully to serve the King and people in the Office of Justice c. And that to what estate and condition they be come before you in the Sessions with force and arms against the peace against the Statute thereof made to disturb the Execution of the Common Laws or to menace the people that you arrest their bodies c. Stat. 18 Ed. 3. in An. Dom. 1344. p. 144. Poultons Book of Stat. at large But the oath appointed for these Commissioners to take is not penned in terms of indifferency nor doth any waies oblige them to the people 26. Mar. 1550. viz. You shall swear well and truly according to the best of your skill and knowledge to execute the several powers given you by this Act not well and lawfully to serve the people Besides they swear to execute the several powers given not to do Justice according to the Laws Now the Laws are the only rules of Justice by which we distinguish crooked from strait true from false right from wrong This is not the work these Judges are packed for but to execute Acts of power and will But powers are often usurped tyrannical illegal and unjust So are these Injuria est quod contra legem fit 7. How can the House of Commons if it were full and free constitute a new unpresidented Court of Justice nominate and ordain Judges and enable them to administer Oaths having never had nor so much as pretended to have any power to judge to nominate Judges or to administer an Oath as having never been more than the Grand Enquest of the Kingdom humbly to present to His Majesty in a petitionary way the grievances of the people Nemo dat quod non habet 8. Suppose the House of Commons had power of Judicature delegated to them from the people as their Representative Delegati non possunt substituere Delegatos Protestatam sibi concreditam in alios transferre Delegates cannot make subdelegates and transfer their trust to others See Col. Andrews 3. Answers given into this High Court for his defence Printed at the latter end hereof 2. My second consideration will be Of what Persons delegated or Commissioned this Court consisteth The pretended Act. 26. March 1650. names 25. Commissioners all which for their better credit it enacteth Esquires amongst whom are 4. or 5. that have professed the Law as farre as wearing a Lawyers Gown comes to but were better known by their leisure then by their Law untill by adhering to our prevailing Schismaticks in subverting our Laws they seem to be eminent Lawyers Of Keeble see the Triall of L. Collonel John Lilburn first and second Part. Steel cited expired Statutes at Winchester against Captain Burley The rest are for the most part poor ignorant Trades men some so young they are but lately out of their Apprentiships others Broken Trades-men that have compounded with their Crediturs some of vild and base professions One or two of these Wolvish Saints I hear have with some difficulty escaped the Gallowes for Man-slaying William Wibeard Esquier is a Rope-seller this employment may happily help him to the Hangmans Custom William Pemoier Esquire was heretofore an Ape-carrier Cherry-lickom or Mountredinctido Cook a Vintner at the Bear at the Bridge-foot he keeps a vaulting-School for our sanctified Grandees and their Ladies of the Game If the House of Commons had power to make Judges which I have disproved yet Ex quovis ligno non fit Mercurius They must name such Persons as may be competent Judges And therefore must not choose 1. Ignorant men 2. Nor such as the Law calls Viles Personas men base or contemptible for their Persons or Sordide callings Mechanicks of the lowest rank 3. Persons of Scandalous life and conversations 4. Not Banquerouts and Indigent Persons Necessitas cogit ad turpia 5. Not partiall and preingaged Persons chosen to suppresse another party As these Commissioners are engaged to the present power to suppresse all others 6. Nor such as Schismatically or Heretically affected are seasoned with such Doctrines and Principles as neither agree with the Duties of a good Christian a good Common-wealths man nor a good Judge Which two last Objections not only these Commissioners but the pretended Parliament that commissioned them are apparently guilty of as being all of the Independent Faction conspiring to rob and rout out all other Parties Royallists Presbyterians and Levellers For which purpose this New Tribunall or Inquisition is set up Independency being a meer complication and Syncretismus or rather a Sink and Common Sewer of all Errours Heresies Blasphemies and Schismes though they peevishly differ in some inconsiderable Tenents yet having one Generall End or scope at which they all chiefly aime viz. power preferment profit and the suppression of the Truth and Magistracy they have likewise some common principles to soader them together which they use as
as if those excellent gifts had never received their birth nor been so much as shewen to the People untill they murdered the King and stepped into his Throne But how righteous a Free-State or Common-wealth is this like to be And how well are the People therein likely to be instructed in the waies of Righteousnesse Justice and Charity and improved in good life and conversation by men so principled as aforesaid Let the world judge Especially when they observe That our New Statists have enacted in the said pretended Act. 2. January 1649. enjoyning the Engagement That whosoever will promise Truth and fidelity to them by subscribing the Engagement may deal falsely and fraudulently with all the world besides And break all Bonds Assurances and Contracts made with Non-engagers concerning their Estates and pay their Debts by pleading in Bar of all Actions That the complaint hath not taken the Engagement This is to rob the Egyptians of the good things of this world This is to break their Faith by the Motions of the Spirit This is to cheat and rob their Neighbours without breach of Charity or Justice and without imputation of Sin according to their aforesaid Tenets 3. I am come now to consider in the third place The way and Manner of their proceedings How consonant they are to the usuall proceedings of our known Lawes and Legall Courts of Judicature the best Inheritance of all Freemen whereof see Colonel Andrews 3. Answers in his Defence given into the said High Court herewith printed 1. The first course they commonly take is To break open mens Houses Studies Chests c. and seise their Papers and thereby hunt for Matter of Charge against them And then to examine them against themselves upon the said Papers contrary to Magna Charta which saith Nemo tenetur prodere seipsum And contrary to the Doctrine of Christianity which forbids a man to destroy his own life or be Felo de se as many men unwittingly do who answer to captious ensnaring questions When that tempting question was put to Christ Art thou the King of the Jews He returned no other Answer then Thou sayest it Why askest thou me Ask them that heard me That is Ask witnesses It was objected against the Oath ex Officio That it was High Injustice to examine a man against himself Because his Answers may only serve to condemn but not to acquit him 2. They usually break open houses with Souldiers at all houres of the night pulling men out of their beds with great violence and Terrour and so carry them away under pretence whereof Robberies and Murders have been committed Whereas by the Stat. 1. Ed. VI. chap. 12. and 5. and 6. Ed. VI. chap. 11. A man ought not to be accused of High Treason but to one of the Kings Counsel or to one of the Kings Justices of the Assize or to one of the Kings Justices of the Peace being of the Quorum or to 2. Justices of the Peace where the Offence is committed Cooks 3. Instit chap. High Treason pag. 26. 27 28. 3. They Commit men to Prison without any Accusation or Accusor made known and during pleasure and detain them in Prison many yeares together without any Legall proceedings or Charge against them sharing their Estates Offices and Revenues by Sequestrations and Suspensions of the Profits amongst themselves without any Crime objected And so leave them to starve rot and dye in nasty Gaoles for want of Maintenance under the cruelty of covetous and mercilesse Gaolers whom they bear out for mony in all their Extortions And being thus imprisoned and wounded with the displeasure of the State no man dares adventure upon any security to lend him money for fear of incurring the disfavour of the State and a Note of Malignancy Witness about 3000. Scottish Prisoners of War starved to death at Durham where they eate one another for hunger These were taken at the battle of Dunbar on 1650. 3. Sept. and many hundred Prisoners have been murdered in Gaoles with hunger cold nastiness and contagion after they have been robbed of their Estates and no Crime laid to their Charge this is become a daily practise whereby their Prisons are become private Slaughter-houses as well as their Courts Publick shambles of Injustice Prisoners in the Tower of London To which prison no Goale-delivery belongs were alwaies wont in the time of that supposed Tyrant King Charles I. and his Predecessors to have allowance from the King according to their severall degrees As 5 l. a weeke for an Esquire c. although the King deprived them of no part of their Estates untill conviction and this Maintenance was provided for them by the Lieutenant of the Tower and in respect of his care and paines in procuring it he had Fees and not otherwise though now they continue and encrease the said Fees the cause being taken away the effect ceaseth not But these men now in power after they have Committed men and robbed them of their Estates without cause shewen are so far from giving them any allowance to feed them that they shut them up close Prisoners in unwholsome Chambers denying them the Liberty of the Tower and the benefit of fresh Aire the Cameleons Diet for their health and resort of friends for their accommodation And that they may be sure to deprive them of all legall meanes by habeas corpus to recover their liberties They Commit men by illegall warrants not expressing any particular Offence or cause for their Commitment so that it is impossible for the keeper of the prison to obey the habeas corpus which is directed to him in these words Praecipimus tibi quod corpus A. B. unâ cum causa detentionis suae habeas coram nobis c. ad recipiendum ea quae curia nostra c. Whereupon the Gaoler or Sheriff is to bring his Prisoner to the Bar and tender his mittimus to the Court shewing the particular cause of his Imprisonment that the Court may judge whether it be Legall or no. Dolosus versatur in Generalibus In the Acts of the Apostles chap. 25. vers 26 27. Festus thought it unreasonable to send Paul a prisoner to Cesar to whom he had appealed and not withall to signifie the Crimes laid to his Charge See Cooks 2. Instit fol. 591. 4. Their usuall Course of practising and suborning witnesses tempting them with hopes and terrifying them with fears is so notorious That it is known the Counsell of State have hundreds of Spies and Intelligencers Affidavit-men and Knights of the Post swarming over all England as Lice and Frogs did in Egypt and have both Pensions and set rates for every Pole brought in So that now the whole Nation is proscribed and every mans head set to sale and made a staple commodity far beyond the definite Proscriptions of Silla and the Triumvirate aforesaid These Sons of Belial are sent forth to compasse the earth seeking whom they may devour These with the
matter of invitation into the kingdom he referred himself to the Declaration then in Print and setting forth how ready and willing he was ever to serve the English wishing happinesse and peace to them and praying that his blood might be the last that should be drawn heartily forgiving all saying I carry no rancour along with me to the grave That his Religion was such as he spoke of before whose Tenets he needed not to expresse as being known to all and himself not of a rigid opinion being not troubled with other mens differing judgments with which words and forgiving all that he might have even the greatest animosity against he kneeled down with Dr. Sibbald and prayed with much earnestnesse and devotion which pious exercise performed and some short ejaculations passing between himself and the Doctor the Earl turning to the Executioner said Shall I put on another cap and turn up my hair Which way is it that you would have me lye Sir The Executioner pointing to the front of the Scaffold the Earl replyed What my head this way Then the Undersheriffs son said My Lord the Order is that you lay your head toward the High Court of Justice Then the Earl after some private discourse with his servants kneeled down on the side of the Scaffold and prayed a while to himself afterwards with a smiling and cheerful countenance he embraced the Doctor in his Arms and then his servants saying to them Ye have been very faithful to me and the Lord blesse you then turning to the Executioner said I shall say a very short prayer while I lie down there and when I stretch out my hand my right hand then Sir do your duty and I do freely forgive you and so I do all the World So lying down and having fitted himself Hamilton executed devoutly praying to himself a short space he stretched out his right hand whereupon the Executioner at one blow severed his head from his body which was received by two of his Servants then kneeling by him into a Crimson Taffeta scarfe and that with the body immediately put into the Coffin brought thither for that purpose and so carried to Sr. John Hambletons house at the Mewes This Execution done the Sheriffs guard went immediately to â—â—tch the Earl of Holland whom they met in the midway where the under Sheriffs son having received him into his charge conducted him to the Scaffold Mr. Bolton passing all the way hand in hand with him Being come upon the same and observing he could not spake aloud enough to be heard by the People by reason of the numerousness of the Souldiery that encompassed him he said Hollands speech on the Scaffold I think it is to no purpose to say any thing then proceeded That his breeding had been in a good family that had ever been faithfull to the true Protestant Religion in which he had ever lived and now resolved by Gods grace to dye That he hoped God would forgive him his sins though he acknowledged his Justice in bringing him thither for punishment of them in this World He observed that he was looked on as one that had ill designs against the State Truly saith he I look upon it as a judgement not having offended the Parliament in any thing save an extreme vanity in serving them very extraordinarily That his affections had been ever known to be faithfull and without wavering where the Parliament wrought changes beyond and against reason and Religion there He left them That he ever sought the peace of the Kingdom and that made him do what he did That he knew not how to judge of the then present affairs but should pray that the Kingdome might be again governed by the King by the Lords by the Commons and that the People may look upon the Posterity of the King with that affection they owe that they may be called again without bloodshed and admitted into that power and glory that God in their birth intended to them That he wisheth happiness even to the causers of his death praying heartily to God to forgive them And as Chancellor of Cambridge really praying that that University might flourish and be a continuall Nursery both to Learning and Religion Then mentioning again his Religion and family relating something to his own behaviour and his being a great sinner yet that he hoped God would hear his prayers and give him faith to trust in him with his prayers for the People he ended Then turning to the side he prayed for a good space of time after which by the instigation of Mr. Bolton he said That he was the less troubled with his violent death when he remembred how his Saviour suffered for him and again when he considered the King his Master not long before passed the same way with others at this time with himself with a serious and pithy justification of his said Master the late Kings Majesty a short recapitulation of his first speech concerning his Actions Religion breeding and sufferings After all wholly casting himself on the merits and mercies of Jesus Christ forgiving his Enemies praying for peace and that their blood might be the last which was shed strangely the tryall being as extraordinary as any thing in the Kingdom but he owned it as Gods hand then having some divine conference with Mr. Bolton for neer a quarter of an hour and spoken to a Souldier that took him prisoner and others he embraced Lievtenant Collonel Beecher and took his leave of him After which he came to Mr. Bolton and having embraced him and returned him many thanks for his great pains and affection to his soul he prepared himself to the block whereupon turning to the Executioner he said here my friend let my Cloaths and my body alone there is ten pounds for thee that is better than my cloaths His behaviour I am sure of it And when you take up my head do not take off my cap then taking his farewell of his Servants he kneeled down and prayed for a pretty space with much earnestness Then going to the front of the Scaffold he said to the People God bless you all God give all happiness to this Kingdom to this People to this Nation Then laying himself down he seemed to pray with much affection for a short space and then lifting up his head seeing the Executioner by him he said stay while I give the signe and presently after stretching out his hand and saying now now just as the words were coming out of his mouth the Executioner at one blow severed his head from his body E. of Hâ—ll death The Execution of the Earl of Holland being thus performed the Lord Capell was brought to the Scaffold as the former and as he passed along he put off his hat to the People on both sides looking about him with a very stern countenance when mounting on the Scaffold having before taken his leave of his Chaplain and bidding his Servants that were
with him to refrain from weeping coming to the front of the Scaffold Lo. Capell his speech before his death he spoke to this purpose That he would pray for those that sent him thither and were the cause of his violent Death it being an effect of the Religion he professed being a Protestant with the profession whereof he was very much in love after the manner as it was established in England by the 39. Articles That he abhorred Papistry relying only on Christs merits That he was condemned to dye contrary to the Law that governs all the World that is by the Law of the Sword the Protection whereof he had for his Life yet among Englishmen he an Englishman acknowledged Peer condemned to dye contrary to all the laws of England That he dyed as to the cause he fought in for maintaining the fifth Commandement injoyned by God himself the Father of the Country the King as well as the natural Parent being to be obeyed thereby That he was guilty of Voting against the Earl of Strafford but he hoped God had washed off the guilt of his blood with the more precious blood of his Son That his late Majesty was the most vertuous and sufficient known Prince in the World God preserve the King that now is his Son God send him more fortunate and longer dayes God restore him to this Kingdom that that family may reign till thy Kingdom come that is while all Temporal power is consummated God give much happiness to this your King and to you that in it shall be his subjects That he did again forgive those that were the causers of his coming thither from his very soul so praying again for the King and his restoration and for the peace of the Kingdom he finished his speech L. C. his carriâ—ge Then turning about to the Executioner he pulled off his doublet when the Heads-man kneeling down Lord Capell said I forgive thee from my soul and shall pray for thee There is five pounds for thee and if any thing be due for my cloaths you shall be fully recompenced And when I ly down give me a short time for a prayer then again blessing the People very earnestly and desiring their prayers at the moment of death he said to the Executioner you are ready when I am ready are you not then as he stood putting up his hair with hands and eyes lift up he said O God I do with a perfect and a willing heart submit to thy will O God I do most willingly humble my self so kneeling down and fitting his neck to the block as he lay with both his hands stretched out he said When I lift up my Right hand then strike When after he had said a short prayer L. Capell beheaded he lifted up his right hand and the Executioner at one blow severed his head from his body which was taken up by his servants and put into a Coffin Having thus brought to pass their bloody purpose shortly after they acquitted the Lord Goring and Sir John Owen as to their lives but seized upon all they had according as they did upon most of the Estates of the Nobility and Gentry throughout England for such now was their unsatiable malice that they thought it not enough to ruine and destroy the heads of Families but The barbarousness of the faction with divellish rancor endeavour to blot out the name and memoriall of Posterity by such unheard of cruelties and barbarous actions as would make a Savage Scithian or Barbarian blush to think on so that we may say with Cicero in the like case Rem vides quomodo se habeat orbem terrarum Imperiis distributis ardere bello urbem sine legibus sine judiciis sine jure sine fide relictam direptioni incendiis Which indeed is the very present case Thus did they grow from bad to worse acting rather like butchers then Men each one of them proving to all about him a devouring wolfe whose insatiate gorge was never filled with his pray so that having in effect the mastery of them whom they called their Enemies like true thieves they fall out about parting the stakes The Army and Independent close the Presbyterian faction will brook no superior the Independent no equall upon these terms stands the Kingdom divided when the later grown now more powerfull by the additon of the Army whose guilt in the murther of the King had suggested to them that the only way to save and raise themselves was to confound and reduce all things else to an Anarchy In pursuance of which Principle they at last proceed against the very root of Monarchy and after many uncouth debates resolved that the Nation should be setled in the way of a free State Free-state appointed and Kingly government be utterly abolished Now was the stile in all proceedings at the law altered the seals changed and the Kings armes and statues in all places taken down that so their seared consciences might not at the sight thereof be terrified with the sad remembrance of their committed crimes And that no sparke or attendant of antient Majesty might be left remaining soon after they vote the house of Lords to be burdensome and useless Lords house voted useless and that the People might understand their meaning also on the 21th of February they proclaim at Westminster and send it to the City the next Day to the like purpose but the then Lord Mayor refusing to do it as being contrary to his honour conscience and Oath rather chose to suffer an unjust imprisonment which he did in the Tower Any honest Man would have thought this example would have put a stop to the attempt of any villain for the making that proclamation but so farr were they from being deterred that they rather grow more implacable and having found some hair brained and half decayed Cittizens out of them one is set up as a mock-Mayor who being a fellow fit for their turns after a short complement or two with the Juncto The Proclamation against Kingship he enters the Stage and Proclaims the abolishing of Kingship and the House of Lords Having thus brought their design to some kind of maturity they find another invention to be as a Shibboleth a mark of distinction between themselves and other men The engagement a mark of distinction and that was the engagement forsooth whereby every man should promise to be true and faithfull to the Common-wealth of England without a King or house of Lords and he that would not subscribe to this was forced either to fly or which was as bad to stay at home and have neither the benefit nor the protection of the law of the land nor any advantage either of his liberty or Estate Now might you have seen Vice regnand and nothing but Schisme and faction Countenanced now might you have beheld England sometime the Glory of the World now become its by words the name of
venit sed certa venit All their hypocriticall shewes cannot cheat God who raiseth up the Spirit of one among themselves to chastise the errours of their pride and vain glorious attempts for no sooner is that Infernall crew of Atheists met in their Committee but they are alarumed with a letter from General Monck out of Scotland wherein he gives them notice that both himself and some Officers of the Army in Scotland Monck dissatisfied with their proceedings were much dissatisfied in reference to the transactions of affairs in England at the same time receiving intelligence that he had seized severall strong holds secured diverse of his dissenting Officers and possessed himself of Barwick Seizeth Barwick which drove them for a time into a kind of Phanatick stupidity that they knew not which way to move in the management of their affairs but at last willing to preserve themselves they order the forces in the North into a posture and command Lambert with more Regiments out of the Southerly parts to joyn with them that so they might appear formidable at least at a distance and put a stay to the violence which they foresaw was approaching to them for the prevention of which storm Col. Cobbet is sent to General Monck with insinuating relations Lambert marcheth against him whom the Generall immediately upon his arrivall commits to custody thereby preserving his Army from the dangerous contrivances that Person brought along with him and depriving of the intelligence he might have carried to England back with him which being done by the power of his Commission as one of the seven he straight new models his Army according to his own mind and then declares his resolution to assert the authority of Parliament against all violence whatsoever Upon newes of this our safe Committeemen knowing the pulse of the late Juncto to beat after the mode of a free-state think they shall merit highly at the hands of the General if they promote that though they disown the Parliament he pretended to declare for and to that purpose having nominated severall Gallant fellowes of their own number Viz. Fleetwood Vane Ludlow Saloway Tichburn Lambert Desborow Hewsen Holland and others to consider of and prepare a form of Government to be setled over the three Nations Safe Committee for a free-state in the way of a Free-State and Common-wealth they send away Whalley Goffe Caryl and Barker to shew the same to General Monck and thereupon to mediate with him for avoiding the effusion of blood the Officers at London writing also to his Officers and expostulating with them touching the necessity of a brotherly union crying out of nothing but Liberty while the Nation groan'd under their oppression But Monck revolving with himself both the greatness difficulty and hazard of his design concludes not to be rash in a direct quarrel but rather by procrastinations to weaken the force of his enemies which he knew could not continue long without money and so to gain the victory without striking a blow therefore to amuse them and cast the more seeming gloss upon his action he orders Col. Talbot Monck desires a treaty and Dr. Clargies who were the first messengers sent to him to send Fleetwood word that himself and his Officers had nominated Col. Wilkes L. C. Cloberry and Major Knight to repair speedily to London and treat with the like number of Officers there for a firm unity and peace and the better to confirm it he sends another Letter from himself to the same purpose with promise that his forces should advance no further But the Committee of safety willing by strenth to hold what they had got and not knowing what to think of the Generall issue out many severall Commissions to raise forces throughout all England to anticipate him and to settle Militia's to be ready in a moment Militia setled as it were to resist him which he hearing and that Lambert was coming against him with thirteen thousand men he according to his before mentioned Letter forthwith sends his three appointed messengers for peace upon whose arrivall at Yorke in November and speech with Lambert he became so farr satisfied of their intentions towards an Accommodation that thereupon he gave order his forces should advance no further Northward in their march Things being brought now into this posture The treaty begun the Generalls three Commissioners arrive at London November the 12th where the Treaty is immediately begun which lulled the Committee of safety into such a security that they begin to think of shareing great Offices and places of trust and profit among themselves to this end appointing Fleetwood Desborow Sydenham Saloway Cornelius Holland Col. Clark Col. John Blackwell or any two of them to be Commissioners for the Treasury and to manage the affaris of the publick revenue with power as large as could be desired And would it not be well managed think you in the hands of such bankrupts but while these men mind their own wealth only the Treaty must not be forgotten which was now in hand and on a sudden brought to such an issue that it startled the City who had by Col. Alured and Collonel Markham received Letters from Scotland of another purport for at last the Commissioners on both sides agreed on these heads ensuing that is to say The articles of the Treaty That the pretended Title of CHARLES STUART or any other claiming from that family should be utterly renounced O horrid Treason first murder the Father and then abjure the Son That the Government of these Nations shall be by a free State or Common-wealth and not by a single person King or house of Lords What must the new settlement utterly abolish all the old fundamentall Laws of England at one breath Your Precipitation bodes your ruine That a Godly and learned Ministery shall be maintained and encouraged 'T is well the Generalls Men thought of it for you may be assured it is against the principle of Anabaptists and fifth-Monarchy Men That the Universities shall be reformed and countenanced so as that they may become Nurseries of Piety and Learning That the Officers and Souldiers and other persons on either side be indemnified for what is past touching their late difference and that all unkindness betwixt them be buried in perpetuall Oblivion pray take care of that but it may be supposed you shall be the furthest off when you think your self neerest That the Officers which were made prisoners in Scotland be forthwith set at liberty How will the Generall like that That the Armies be presently disposed into quarters and that there be a committee of nineteen whereof nine to make the Quorum who were to meet about qualifications for succeeding Parliaments This was the effect of part of the agreement which was sent away with all speed to Generall Monck upon knowledge whereof and by reason the conclusions of the said Treaty were so contrary to the Letters by them formerly
he supposed would be a full and a free Parliament upon whose resolves as himself so he doubted not but the whole Nation would acquiesce he told them the house was open for them to enter and prayed for their good success The secluded members being thus admitted How they begin and wherein proceed fall immediately to work where they were abruptly forced to break of in December 1648. Confirming their Vote made then by another now that the concessions of the late King were a sufficient ground to proceed on for setling the peace of the Kingdom hereby not only vindicating themselves but as it were at once disanulling all that had been done as dissonant thereto during the whole time of their recess This began to infuse a new spirit of life into the Kingdom in whom at this springing season of the year began a new to bud and peep out the bloomes of a too long frost-nipped loyalty so that one now might have seen what twenty years before could never shew countenances that lately were dejected through the cruell tyranny of their Aegipitian task masters now gather cheerfull looks and like fresh blown roses yield a fragant savour The Parliament thus sitting freely vote his Excellency Lord Generall of all the forces in England Scotland and Ireland by vertue of which Commission he disarmes all the Phanatick party both in City and Country the Parliament in the mean time providing to secure the Nation by two seasonable Acts the one of Assessment and the other of the Militia the last impowering and arming Gentlemen and Men of worth and power to stand up for their Liberties and Priviledges and put the Country into a posture of defence against all encroaching pretenders whatsoever and the former enabling them to raise moneyes which are the sineues of war for maintaining of the forces so raised to assert their and our rights Thus setling the ancient Government of the City and vacating the Phanatick power in the Country they commend the establishment of the Nation to a full and free Parliament to be called the 25th of Aprill 1660. Issuing out writs to that purpose in the name of the keepers of the Liberty of England by authority of Parliament and setling a Councell of State of most discreet and moderate men to whom the affairs of the three Nations in the intervall and untill the meeting of the Parliament on the aforesaid 25th of Aprill was committed who with much discretion managed their power to the satisfaction of all sober minded men and so saving to the house of Lords their rights notwithstanding the Commons were in this Juncture of time put upon necessity to act without them commending the Souldiery once more to his Excellency upon the sixteenth day of March in the year of our Lord 1659. a day worthy to be remembred they dissolved themselves Lorg P. legally ended and so at last put a legall period to that fatall long-Parliament which could not be dissolved by any but by it self And thus we see Independency laid in the dust and ready to give up the ghost and indeed not long after we shall see fully to expire the Prodromi of whose miserable end might be these and the like The Councel of State in this intervall of power The intervall with very great caution and wariness manage their affairs turning neither to the right hand nor to the left but keeping a direct course as knowing in medio ibunt tutissimi they set out a Proclamation against all disturbers of the peace under what pretence or name soever sparing none that in a time of such hopes durst either move a hand or tongue to work a disturbance taking care also that the order of the last Parliament touching elections should be duly and punctually observed as considering that the peace or ruine of the Nation would lye in their hands Elections for a new Parl. His Excellency the Lord Generall in this interregnum accepts of severall invitations and treatments in the City by several of the worthy companies yet still having an eye to the main he keeps close to his Officers who were not yet fully resolved and often confers with them in a more familiar manner than ordinary whereby he so wrought on them that at last he brought them to declare that they would acquiesce in the resolves of the approaching Parliament and indeed this was a shrewd forerunner of the fall of Independency as I said before whose only hope was builded on the averseness of these men to lawfull power which when they saw frustrated they might well depair yet endeavour once more to endeavour a confusion which being observed by the Councell and that a discontented Spirit possessed some of the old Officers and Grandees according to the power given them to that purpose they send for all suspected persons confining them unless they subscribed an engagement to demean themselves quietly and peaceably under the present Government and acquiesce submissively in the determination of the Parliament next ensuing which reasonable engagment Lambert and some others refusing were carefully confined to several prisons by which means the peace was wonderfully preserved but notwitstanding all this care such were the restless endeavours of that divellish faction that whether by the neglect or treachery of his keepers is not yet known Lambert gets out of prison cuningly who being a man of loose principles and desperate fortunes so encouraged the Phanatick party and stirred up their drooping Spirits that they began to threaten great matters and for perfecting their wicked design begin to gather to an head near Edg-hill which they hoped would prove to them an auspicious Omen for the beginning of a Second war but Heaven would no longer wink at such intollerable villanies for the sins of these Amorites were fully ripe for judgment so that they were discovered and quickly nipped in the bud Lambert and his accomplices being so eagerly pursued by Col. R. Ingoldsby that they were suddenly forc'd to scatter and shift for themselves by flight Taken and sent to the Tower neither was that so swift or secure but that Lambert was taken prisoner by the said Col. Ingoldsby and sent prisoner up to London at which time passing by Hide park on the twenty fourth of Ayril he saw all the City Regiments both of horse and foot Trayned Band and Auxiliaries complered armed and trayned and ready to hazard their Lives and Fortunes against all seditious and factious Traitors to their King and Country The news of this first appearance of armed loyalty being spred abroad into the Countreys The first loyal muster did so animate and encourage the old oppressed that casting off their fetters and fears together they begin to appear in their wonted guise and because they were by the Phanaticks traduced as men of blood and full of revenge not to be satisfied but with the utter ruine of their adversaries thereupon to undeceive the vulgar who might possibly have been misled by such
lies if not answered did from their several and respective Counties as also in the Cities of London and Westminster declare The Gentry declare that they were far from any thoughts of revenge it belonging to God alone alluding to that text of Scripture Vengeance is mine I will repay saith the Lord but as for Justice they would acquiesce in the judgment of the approaching Parliament This being done and the whole Parliament at the appointed time The Parliament begins beginning first with their duty to God they follow that golden Pythagorean rule 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 giving him hearty thanks for that their freedome of meeting which when they had cordially done they fell in order to their Governour First They fear God then honour the King As the same Pythagoras goes on 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The very Heathen we see by the meer light of Nature could dictate that which our Grand Enthusiasts of Religion would not for these many years by the ignis fatuus of their new lighted notion walk after But the Parliament were better principled for after their devotions regularly paid to God they in the very next place own their duty to their Prince upon the first day of May a happy day to be remembred to posterity voting the Government to be by King Kingly government voted Lords and Commons a constitution so incomparably mixed that it may rather be admired then envied neither were they satisfied to rest there but on the Eighth day of the same May caused his Majesty to be proclaimed King of England King proclaimed Scotland France and Ireland which was performed with so much Solemnity and Joy as I presume England I dare say hardly any Kingdome in the World ever saw or were sensible of the like the shouts and acclamations of the pleased people rending the very skies as a token of their extraordinary Thankfulnesse to Heaven and at night by the multitude of their bonfires turning the Darknesse into a kind of lightsome day This hapy beginning thus owned by the general consent of all honest men made the Parliament resolute to prosecute their begun endeavours which the more orderly to do for order befitteth men best both as Subjects and Christians they immediately prepared Commissioners Commissioners sent to the King who were persons choyce for their integrity and wisedome like those heads of the children of Issachar which were men that had understanding of the times to know what Israel ought to do being intrusted to wait on his Majesty and to desire him to come to his Parliament and People with all convenient speed Before whose arrival his Majesty had withdrawn himself from Bruxels not upon any account as was by the ignorant and malicious insinuated but out of a design of safe guard to his own sacred Person as knowing those two principles of the Romanists si violandum est jus Regni causa violandum est and nulla fides servanda est haereticis might prove dangerous if not fatal to his interest as affairs then stood He well remembred Richard the first his case sirnamed Caeur-du-Lion and what his detention once cost England and therefore had no reason to cast himself into the like hazard Therefore having discharged all Accounts whatsosoever at Bruxels he as I said removes his Court to Breda As that first he might hold the more certain and quick intelligence with his friends in England where there hardly wanted any thing to complete his Restoration and the Kingdomes satisfaction but his Personal presence so in the second place he there knew himself safe being within the jurisdiction of his beloved sister the Princesse Royal Mary Princesse of Orange King at Breda whose tender love and zeal to him in his affliction deserves to be written in brasse and graven with the point of a Diamond During the time of his residence there to shew himself to be a second Solomon a Prince of Peace and not onely so but the most pious and merciful of Princes who was wise as a Serpent yet innocent as a Dove by the Honourable the Lord Viscount Mordant and Sir Richard Grenvile since by his Majesties special grace created Earl of Bath Gentleman of his Majesties Bedchamber He sent a most gracious Declaration with respective Letters to the Lords to the Commons to the City and to the Army Whetein His Majesties Declaration layes Independency dead His Majesty first offers a Pardon for all miscarriages and misdemeanors against his Father or himself to all persons such onely excepted as shall be excepted by the Parliament promising likewise securitie to all whose guilt might otherwise endanger them so as they laid hold on his Majesties Pardon within 40. dayes after the publication thereof 2. He refers the purchasers of Kings Queens and Bishops Lands to Justice to the Law and to the Parliament 3. He assures the Souldiery of their Arrears for past services although done against him and of incouragement and pay for the future under him This Declaration was received with no ordinary joy and solemnity the messenger Sr. Iohn Greenvil being rewarded with 500. pounds ro buy him a Jewell and upon reading thereof and a conference had with the Lords who had now reassumed their Native right by taking their places in the higher House they agree unanimously each in their several house That a Letter be sent in answer to his Majesties gracious Letter and Declaration superscribed To his most Excellent Majestie which were since more immediately drawn up and sent by Commissioners before prepared as is already mentioned sixe from each House who were in the name of both Houses 1. To give his Majesty most humble and hearty thanks for his gracious Letter and Declaration 2. To desire his Majesty to return to the exercise of his Regal Office and come to his Parliament and people with all speed possible And thirdly to that purpose to desire him to appoint a place for the Navy to attend him the Commissioners that went from the house of Peeres were these The Earl of Oxford Earl of VVarwick Earl of Middlesex Lord Brook Lord Berckley Commissioners names that went to the King Lord Visc Hereford Of the House of Commons were selected these following Lord Charleton Lord Bruce Lord Falkland Lord Mandevile Lord Herbert Lord Fairefax Sir George Booth Sir Iohn Holland Sir Antho. Ashly-Cooper Sir Horatio Townsend Sir Henry Cholmly Mr. Hollis The City of London having also received the like Letters and Declarations the Lord Mayor Aldermen and Common-Council appoint a loyal and humble answer to be returned wherein they give his Majesty thanks for his tender care grace and favour to their ancient and renowned City which was sent by these worthy Gentlemen For the City of London Alderman Adams Recorder VVilde Alderman Robinson Alderman Bateman Theophilus Biddolph Richard Ford Alderman Vincent Alderman Frederick Alderman VVale John Lewis Esquire William Bateman Esq Alderman Bludworth Major
the Duke of Buckingham and the Lord Generall bareheaded and then his Majesty rid between his two brothers the Duke of York on the right hand and the Duke of Glocester on the other after whom followed his Excellencies Life-guard and then the Regiments of the Army all completely accoutred with back breast and Pot. In this order they came to Saint Georges fields in a part of which towards Newington was a Tent erected in which the Lord Mayor King rides through the Citie and Aldermen in their most solemne Formalities with their Officers Servants Livery-men and Lackeyes innumerable waited to which place when his Majesty came the Lord Mayor presented him on his knees with all the Insignia of the City viz. Sword Mace Charter c. Which he immediately returned with promise of Confirmation and conferred the Honour of Knighthood on the Lord Mayor in the place whereafter a short refreshment three hundred in Velvet Coats and Chains representing the several Companies passing on before the Lord Mayor bearing the Sword before the King they proceeded in an excellent order and equipage into and through the City which was all hung with Tapistry and the Streets lined on the one side with Livery men on the other side with the Trained Bands both taking and giving great satisfaction until at last even tyred with the tedious pleasure of his Welcome Journey he came to the Gate of his Pallace of Whitehall which struck such an impression of greif into his sacred heart by the Remembrance of his Fathers horrid Murther there as had almost burst forth if not stopt or recalled by the Joy he received from the acclamations of the people and the thought that he was peaceably returned after so many years unto His own House The King being come in went presently to the Banqueting House where the Houses of Parliament attended for him to whom the two Speakers severally made an incomparable Speech wherein with great eloquence they set forth the many years misery under which the Nation laboured then repeated the Kingdomes Joyes at present for their hoped happinesse in the future by his Majesties Restauration and so commended to his Princely care his three Kingdomes and people with their Laws and priviledges whereto the King in a Majestick style made this short but full return That he was so disordered by his Journey and the Acclamations of the people still in his Ears which yet pleased him as they were demonstrations of Affection and Loyalty that he could not express himself so full as he wished yet promised them that looking first to Heaven with a Thank-ful heart for his Restoration he would have a careful Eye of especial grace and favour towards his Three Kingdomes protesting that he would as well be a Defendor of their Laws liberties properties as of their faith Having thus received and taken several Congratulations and Entertaiments and dismissed his Noble Honourable Worshipful and Reverend Guard of the Nobility Gentry Citizens and Ministry he retired to Supper and afterwards having devoutly offered the Sacrifice of Prayer and Praise to the most high for his safe return he went to his Repose and Bed The first Beam that darted from our Royal Sun infused such a sense of piety into the peoples Affection that it even made them break into an Excess of Joy it was that happy Omen of a vertuous Government the admirable Proclamation against debauchednesse wherein such is his Majesties zeal he takes no notice of his Enemies but our sin which had so long occasioned his exile not sparing therein those who pretended to be his friends yet by their prophanenesse disserved him A happy Prince and happy people sure where the Extremity of Justice endevoureth to take nothing from the Subject but a Liberty to offend which so highly pleased the people that their Joyes rather increased then diminished according to that of the Poet. Littora cum plausu clamor superasque Deorum Implevere Domos gaudent generumque salutant Auxiliumque Domus servatoremque fatentur The Shores ring with applause the Heavens abound With grateful Clamours which therein resound All men salute him Father Prince and King That home again their banish'd peace doth bring Which is further also expressed by the Poet in these words Largis satiantur odoribus ignes Sertaque dependent tectis ubique lyraeque Tibiaque cantus animi felicia laeti Argumenta sonant reseratis aurea valvis Atria tota patent pulchroque instructa paratu Proceres ineunt convivia Regis The Bonfires light the Skie Garlands adorn The Streets and Houses Nothing is forborn That might express full joy while to his Court The King by Nobles follow'd doth resort And in their Feasts Gods wondrous Acts report So restless were the Nights of our pious King that he began to account all time spent in vain and amisse wherein he did not do or offer some good to his Kingdome to this purpose on the first of June the very next day but one after his Arrival accompanied with his two Brothers and Sir Edward Hide Lord Chancellour of England with many other honourable persons went by water to the House of Lords where having seated himself in his Royal seat the Black Rod was sent to the Commons to inform them of his being there They immediately adjourned and with their Speaker waited his Majesties pleasure who in a short speech acquainted them with the Occasion and Cause of his present sending for them viz. To pass those Bills which he understood were prepared for him the said Bills being therefore read according to ancient form by the Clerk of the Crown were passed by his Majesty First The Bill constituting the present Convention to be a Parliament Secondly For authorizing the Act of Parliament for 70000. l. per mens for 3 moneths Thirdly For Continuance of Easter Term and all proceedings at Law which done the Lord Chancellor Hide in a pithy Speech told both Houses with how much readinesse his Majesty had passed these Acts and how willing they should at all times hereafter find him to pass any other that might tend to the advantage and benefit of the people desiring in his Majesties behalf the Bill of Oblivion to be speeded that the people might see and know his Majesties extraordinary gracious care to ease and free them from their doubts and fears and that he had not forgotten his gracious Declaration made at Breda but that he would in all points make good the same Things being brought to that happy issue the King wholly intends to settle the Kingdome and because that in the multitude of Counsellors there is both peace and safety he nominates and elects to himself a Privy Councel whereof were The Duke of York The Duke of Glocester The Duke of Somerset The Duke of Albemarle The Marquiss of Ormond The Earl of Manchester The Earl of Oxford The Earl of Northampton Lord Seymour Lord Say Lord Howard Sir Atho Ashly Cooper Sir William Morris Mr. Hollis Mr.
it his interest to incroach upon the just freedom and liberty of the people and to promote the setting up of their own will and power above the Laws that so they might enslave these Kingdoms to their own Lust * * But in a Councel of State of forty Tyrants sitting under the protection and awe of Oliver Be it therefore Enacted and Ordained by this present Parliament and by Authority of the same That the Office of a King in this Nation shall not henceforth reside in or be exercised by any one single Person and that no one person whatsoever shall or may have or hold the Office Stile Dignity Power or Authority of King of the said Kingdoms and Dominions or any of them or of the Prince of Wales Any Law Statute Vsage or Custome to the contrary thereof in any wise notwithstanding And it is hereby Enacted That if any person or persons shall endeavour to attempt by force of Armes or otherwise or be aiding assisting câ—mforting or abetting unto any person or persons that shall by any wayes or means whatsoever endeavour or attempt the reviving or setting up again of any pretended Right of the said Charles eldest Son to the said late King James called Duke of York or of any other the Issue and Posterity of the said late King or of any person or persons claiming under him or them to the said Regal Office Stile Dignity or Authority or to be Prince of Wales or the promoting of any one person whatsoever to the Name Stile Dignity Power Prerogative or Authority of King of England and Ireland and Dominions aforesaid or any of them That then every such offence shall be deemed and adjudged High-Treason High Treason is what these Legislative Thieves list to make it an Arbitary crime notwithstanding the Stat. 25 Ed. 3. for limiting and ascertaining of Treasons for security of the people Tiberius and Nero's days are fallen upon us Of which Tacitus Ingens crimen divitiae complementum omnium accusationum laesa majestas and the Offenders therein their Counsellors Procurers Aiders and Abettors being convicted of the said offence or any of them shall be deemed and adjudged Traytors against the Parliament and People of England and shall suffer lose and forfeit and have such like and the same pains forfeitures judgements and execution as is used in case of High Treason And whereas by the abolition of the Kingly Office provided for in this Act a most happy way is made for this Nation if God see it good to return to its just and antient right of being Governed by its own Representatives or National meetings in Councel * * When was England governed by their own Representative or had any other regliment then Kings But what the Legislative Conventicle declares we must believe though contrary to our knowledge They will lead our Faith and Reason in a string or have our necks in a halter A period to this Parliament and leave the Supream power in the Councel of State a design long since attempted See First and Second Part of Englands New Chains and the Hunting of the Foxes No obedience is due by Law to them which takes no notice of this form 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 and 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 freedom 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 and Town 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 perform 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 132. An Act for abolishing the House of Peers More New lights new discoveries made by forty or fifty Ignis satui gross fiery Meteors remaining in the House of Commons About the same time they passed another Act for Abolishing the House of Peers to this purpose THe Commons of England assembled in Parliam nt finding by too long experience that the House of Lords is useless and dangerous to the People of England to be continued have thought fit to Ordain 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 iâ— 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 Nevertheless it is 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 publike 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 further Ordained and Enacted by the Authority aforesaid that no Peer of this Land not being elected qualified and sitting in Parliament as aforesaid shall claim have or make use of any Priviledge of Parliament either in relation to his person quality or estate any Laws Vsage or Custome to the contrary notwithstanding And to lessen the amazement of the People the same day they passed and ordered to be printed * 133. A Declaration of the Commons to shew the Reasons of their said proceedings The State is Free but the people Slaves as a Galley is free but the Rowers Slaves 1 part 72 73. See these Books A full Answer to an Infamous Pamphlet Intituled A Declaration of the Commons of England The Charge against the King discharged The Royal and Royalists Plea King Charles vindicated c. And his Majesties last Book or Pourtraicture and His Maj. Gracious Messages for
Peace a Book 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 â—im and both taken and caused others to take the Oaths of Allegiance and Supremacy and the Protestation Covenant to defend his person and Authority c. And in this Declaration there is no new Objection of moment but what is contained in the former Declarations against Him and as I looked upon the first Declaration as a Prologue so I look upon this last as the Epilogue to His Majesties Tragedy The whole matter of charge in both of them hath been sufficiently answered in several Books and either confuted or justified to which I refer the Reader whom I will only trouble with some few short Observations of my own upon it p. 5. The Parliament in imitation of their Masters the Councel of Officers pretend a necessity to change the fundamental Government into a Free-State to prevent Tyranny Injustice and War c. I doubt rather to promote them It affirmeth p. 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 Law the Crown takes away all defects and the King being Supreme Head and Governour over all Persons and in all Causes it were absurd to make Him accountable to any Authority for in such case that Authority would be Supreme to Him and so erect two Supremes one jarring and interferring with the other which in Law and Policy is as absurd as to suppose two Almighties or Infinities in Divinity which cannot be for that one Infinity would terminate another Impossibile esse plura Infinite See Greg Thâ—losanus l. pol. 1. Keckerin Sistema pol. l. 1. Conezenii l. politic 1. Ã c. 17 ad c. 25. and many good Authors quoted by him Moecenalis orationem ad Augustum apud Dionem Cassium quoniam alterum esset in altero finitum 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 walk in I will onely cite some learned Authors living in Republiques of a contrary opinion and send my Readers to them for their Arguments It applauds the prosperitie and good Government of the Switz which I think was never commâ—nded before a gross-witted People living in a confused way of Government where virtue and industry find no reward the Rich become a daily prey to the poor and their popular Tribunes who uphold their credits by calumniating the wealthy and confiscating or sequestring their Estates the best wealth of this Nation is Pensions from Neighbour Princes to whom they let their Bloud to Hire and become Mercenaries many times to the extream dammage and if their Country were worth subduing danger of the State For Venice it is an Aristocracie if not Oligarchy of many petty Kings so burdensome to all their Subjects upon Terra firma that they dare not trust them without Citadels to keep them under they never confide in any of their number or Natives to be Commander in Chief of their Land Forces fearing to be tyrannized over by a Cromwell or an Ireton or by some property subordinate to them in all but Title The Morlachy and many Inhabitants of Dalmatia and Candia have lately preferred the Turkish Government before theirs As for the Low-Countries their neerest example peruse Bernavelt's Apologie and many good Histories For Rome from their Regifugium they were never free from Civill Warres cecessious Tumults and changes of Government first to Patrician Consuls Regia potestate then to promiscuous Consuls Plebeyans as well as Patritians with popular Tribunes to controule them then to Decemviri legibus Scribendis then to Tribuni militares consulari potestate Dictators upon all speciall occasions sometimes an Aristocracy sometimes a Democracie between two Factions Patritian and Plebeyan And never could that unhappy Idoll of the multitude Libertie find any time of setled rest and Government untill their giddy Republique was overthrown by Julius Caesar and turned into a Monarchie by Augustus which approved Cratippus saying Vitiosum Reipub statum exigere Monarchiam and then and not till then Rome came to his height of Glory See some Authorities cited verbatim in the first Page and Dominion and continued so a long time sometimes empayred by the vices of some Emperors and sometimes repayred by the virtues of others he that reads Livy and Tully's Orations with many other Authors shall find how infinite corrupt the People were both in making and executing Laws in dispensing Justice both Distributive and Commutative what Complaints that their comitia were venalia what Bulwarks they were fain to erect against the ambition and covetousness of their Great men Leges Ambitus leges Repetundarum peculatus all to no purpose the great abuse of Solicitors and Undertakers in every Trybesto contracte for suffrages the Domestick use of their Nomenclators their Prehensations Invitations Client ships their kissings and shaking hands even from the greatest Personages prostituted to every Cobler and Tinker their costly publique Shews and spectacles to woe the Rabble he that reads observingly shall find that ambition and covetousness nurses of all corruption were the best part of the wisdom and industry of that Republique untill it came to be a Monarchie and shall farther find that those corrupt manners and customs which the People from the highest to the lowest had contracted during the severall licentious Alterations of their Common-wealth from one form of Republique to another were like a second nature not to be corrected by the better discipline of a Monarchie and at last occasioned the ruine of that Monarchie together with the desolation of that Nation which shews that Monarchie with which their Nation began was their naturall and genuine Government when it could not be taken away sine interitu subjecti without the ruine of the whole subject matter p. 11. It is said It hath been latelie computed that the Court purveyances notwithstanding many good Laws to the contrary cost the Countrie more in one year than their Assesments to the Army what above 100000 l. a month when the charge of the KING' 's House-keeping came but to 50000 l. a year I speak not of Wages and Pensions I know not who should make this computation unless old Sir Hen. Vane and his Man Cornelius Holland the latter of which was turned out of his Office in the Green-cloth for abusing this Place not in whose time of employment unless their
Birkhead by Dures of Imprisonment with the connivance of the Commons Col. Bromfield Hooker Cox and Baynes Citizens who the last year were committed upon suspition of High Treason to which every offence against this new Babel-state is now wrested notwithstanding the Stat. 25 Edw. 3. for limitation of Treasons as in an infectious season all diseases turn to the plague and were then discharged for want of matter to make good the Charge are now again imprisoned in the first year of Englands Liberty at the request of Birkhead Sergeant at Armes to the Commons until they pay such unreasonable Fees as he pleases to exact from them This had been great Extortion and Tyranny in the KINGS time when this Nation enjoyed so much freedome as to call a Spade a Spade an Extortioner an Extortioner and a Tyrant a Tyrant And reason good for if such Fees be legally due Birkhead hath Legal means to recover them if not Legally due it is Extortion in him to demand them in so violent a way and Tyranny in his Masters the Commons to maintain him in it Sir Henry Mildmay lately coming to the Tower and perceiving the Countess of Carlisles window had some prospect to Col. Lilborns Grates out of his parasitical diligence told the Lievtenant of the Tower 219. Sir Har. Mildmay's Politick Observations Chaste Conversation and first initiation at Court That notwithstanding the distance was such as they could not communicate by speech yet they might signifie their intentions by signs upon their fingers to the prejudice of the tender infant State and accompanying this admonition with some grave and politick Nods hasted away to the Councel of State and being both out of breath and sense unloaded himself of his Observations there and was seconded by Tho. Scot the Demolisher of old Palaces and Deflowrer of young Mayden-heads before they are ripe who much aggravated the danger and applauded the Observator Sure Sir Henry hath not yet forgot the bawdy Language of the hand and fingers since he first in Court began to be Ambassadour of Love Procuror Pimp or Pandor to the Duke of Buckingham and laboured to betray the honour of a fair Lady his nearest Ally to his Lust had not she been as Vertuous as he is Vitious if it be possible for any Woman to be so and did actually betray others to him I can tell you that very lately Sir Harry pretending himself taken with the Wind-collick got an opportunity to insinuate himself into a Citizens house in Cheapside and tempted his Wife but had a shameful repulse but more of this I will not speak lest his Wife beat him and give an ill example to other Women to the prejudice of our other New States-men 220. Felons fetched out of Newgate to inform against Merchants for not paying Customes and their New erected Sodomes and Spintries at the Mulbury-garden at St. Jamses Master Gybs Master of a Ship having caused three fellows to be committed to New-gate upon Felony for Robbing him These Fellows sent to Col. Harvey That if he would procure their Liberty they would discover to him several Merchants who had lately stoln Customes Whereupon Harvey sends for those Rogues out of New-gate hears their Accusation approves it prosecutes the Merchants upon the Information of those Villains discharges them of their Imprisonment by his own power and recommends them to Col. Deane to be imployed in the Navy And one Master Lovel a Silk-man in Saint Lawrence-lane is committed to the Gate-house Prisoner because he refuseth to swear how many Bayl 's of Silk he hath come over If the first year of our Liberty make such presidents what Monsters will the Sixth and Seventh year produce All Princes begin with moderation The Elders gave good Councel to Rehoboam Serve the People one day and they will serve thee for ever hereafter Nero had a commendable Quinquennium But our Novice Statists are Tyrants ab incunabilis Oppressors with shels upon their heads from the Nest before they are fledge what will they be hereafter 221. Sommer-hill given to Bradshaw A sop for Cerberus Sommerhil a pleasant Seat worth 1000 l. a year belonging to the Earle of Saint Albans is given by the Juncto to their Blood-hound Bradshaw so he hath warned the Countess of Leicester who formerly had it in possession to raise a Debt of 3000 l. pretended due to her from the said Earle which she hath already raised four-fold to quit the possession against our Lady-day next The Protestation and Declaration THe Premises considered I do hereby in the name and behalf of my self and of all the Free people of England Declare and Protest That the General Councel of War and Officers of the Army by their said violent and treasonable force upon the far major more honest and moderate part of the House of Commons being above 250. and leaving only fifty or sixty Schimaticks of their own engaged Party sitting and voting under their Command and almost all of them such as have and do make a prey of the Commonwealth to enrich themselves and their Faction have broken discontinued and waged War against this Parliament and have forfeited their Commissions And the remaining Faction in the House of Commons by abetting ayding and concurring with the said Councel of War in the said rebellious Force and by setting up new illegal and arbitrary Courts of Judicature to Murther King CHARLES the First our lawful King and Governour who by his Writ according to the Law summoned and authorised this Parliament to meet sit Principium Caput finiâ— Parliamenti Oaths of Allegiance and Supremacy and advise with him and was the Fountain Head and conclusion or suâ—matory end of the Parliament and Supreme Governour over all Persons and in all Causes of this Kingdome and by Abolishing the House of Peers and the Kingly Office and Dis-inheriting the Kings Children and Vsurping to themselves the Supreme Authority and Legislative Pâ—wer of this Nation in order to make and establish themselves a Councel of State Hogen Mogens or Lords States General and translate the said Supreme Power and Authority into the said Councel of State and then Dissolve this Parliament and perpetute their said Tyranny and this Army and Govern Arbitrarily by the Power of the Sword and raise what illegal Taxes they please and eat out consume and destroy whosoever will not basely submit to their Domination See 1. part sect 105 106. and the Conclusions 15 16 17 18. and return to sect 79 109 110. Stat. of Recognition 1 Jac. Oaths of Algiance and Supremacy Have by the aforesaid wayes and means totally subverted this Common-wealth and destroyed the fundamental Laws Authority and Government thereof Dissolved and Abolished this and all future Parliaments so that there is now no visible lawful Authority left in England but the Authority of King CHARLES the Second who is actually KING of all his Dominions presently upon the Decease of the King his Father before any Proclamation made
or Coronation solemnized notwithstanding that by his unjust Banishment caused by the interposition of the said trayterous combined Antimonarchical Faction He be eclipsed for the present and not suffered to perform any Acts of Government to his three Kingdomes and restore Peace Plenty Justice Mercy Religion Laws and Liberties to them again which no hand but his own can bestow and therefore in vain do the people long for and expect Figgs from Thistles Grapes from Thorns This Kingdome of the Brambles now set up being onely able to Scrath and Tear not to Protect and Govern them I farther Declare and Protest That this combined trayterous Faction have forced an Interregnum and a Justitium upon us an utter suspension of all Lawful Government Magistracy Laws and Judicatories so that we have not de jure any Laws in force to be executed any Magistrates or Judges Lawfully constituted to execute them any Court of Justice wherein they can be judicially executed any such Instrument of the Law as a lawful Great Seal nor any Authority in England that can lawfully Condemn and Execute a Thief Murderer or other Offender without being themselves called Murtherers by the Law all legal proceedings being now coram non Judice nor can this remaining Faction in the House of Commons shew any one President Law Reason or Authority whatsoever for their aforesaid doings but onely their own tyrannical Votes and the Swords of their Army Wherefore I do further Declare and Protest before God and the World That all Free-born Subjects of the Kingdomes of England and Ireland are bound by the Stat. of Recognition 1 Jac. and by all our Laws and Statutes By their Oaths of Allegiance Obedience and Supremacy the Protestation and National Covenant by very many Declarations Remonstrances Petitions and Votes of this Parliament and all Souldiers are engaged also by their own Declarations Remonstrances and Proposals to defend assert and vindicate with their lives and fortunes the Person Authority and Title of our aforesaid lawful KING and Supreme Governour the undoubted Heir of all His late Fathers Dominions CHARLES the Second by the Grace of God King of Great Britain France and Ireland c. against all Opposites and pretended Authorities whatsoever unless they will be guilty of the fowlest sins of Treason Rebellion Perjury and perfidiousness against their God their King and Country and of prostituting the Religion Laws and Liberties of the Land their Wives Children and Estates to the lusts of an Armed Faction usurping a far more Arbitrary and Tyrannical power over our Consciences Persons Liberties and Estates than ever was known in England before or then is now used by the Russe Turk or Tartar or any the most enslaving and lawless Tyrants under Heaven 223. Compare the date of the K. Commissions with those of the Parliament and their Declarations on both sides An Exhortatory Conclusion to the English Nation TO conclude the series of Affairs and Action on both Parties especially of late rightly compared it appeareth by the sequel That King CHARLES the First from the beginning took up defensive Armes to maintain Religion Lawes Liberties and the antient fundamental being of Parliaments and this Kingdom and that there alwayes was and now especially is a predominant Faction in Parliament notwithstanding their frequent Declarations Remonstrances Petitions Protestations Covenant and Votes to the contrary conspiring with a Party especially of Commissioned Officers of the Army without the Houses to Change the fundamental Lawes and Government of the Church and Common-wealth to usurp into a few hands the Supream Authority to enslave the People with an Olygarchical Military and Arbitrary Government to raise what illegal Taxes they please to establish their tyranny and enrich themselves and their Party to oppresse consume and devour all men of a judgment contrary to their Interest to Murder them by new-declared arbitrary Treasons contrary to the Stat. 25 Edw. 3. for ascertaining Treasons to Disfranchise them of their Birth-rights and make them Adscriptios Glebae Villains Regardant to their own Lands which the Nobility Gentry and Yeomanry plough sow and reap whilst Brewers Dray-men and Coblers eat drink and play upon the sweat of their labours and are the Usufructuaries of their Estates All which they have lately brought to pass wherefore let all true Englishmen as becomes good Christians good Patriots and gallant Men claim their Birth-rights and with own voice cry out 1. We will not Change our Antient setled and well approved Laws to which we are Sworn 2. We will not Change our Antient and well-tempered Monarchy to which we are Sworn 3. We will not Change our old Religion for New Lights and Inventions 4. We will not subject our selves to an eighth part of one Estate or House of Parliament sitting under a force and having expelled two hundred and fifty of their Fellows more Righteous than themselves by force and usurping to themselves the Supreme Authority 5. We will not be subjected to a new Supreme Authority usurped by forty ambitious covetous Tyrants arrogating to themselves to be a Councel of State and designed to supply the room of Parliaments under what name or Title soever they mask themselves 6. We will not submit our selves to a Military Government or Councel of Officers 7. We must and will have A KING and The KING whom the Lawes of God and this Land have Designed to us See the Stat. of Recognition 1 Jac. and the Oaths of Allegiance Obedience and Supremacy we being by the Oaths of Allegiance Obedience and Supremacy sworn to â—ear Faith and true Allegiance to King CHARLES the First his lawful Heirs and Successors Hic telum infigam moriarque in vulnere Postscript REader at the latter end of my First part of The Historie of Independency I have presented to thy consideration some General Conclusions arising out of the Premises the same Conclusions do as naturally arise out of the Premises of this Second part of the History and doe as aptly serve to illustrate this Second as that First part wherefore to that First part I send thee for opening thy understanding When our old Lawes run again into their Antient Channel and the Sword of Murder is sheathed and the Sword of Justice drawn the Author engageth to publish his Name and Apologie and shew what he hath done and suffered for the Parliament and Kingdome THE END THE High Court OF JUSTICE OR CROMWELS New Slaughter-House in ENGLAND With the Authority that Constituted and Ordained it Arraigned Convicted and Condemned FOR Usurpation Treason Tyranny Theft and Murther Being the Third Part of the History of INDEPENDENCY Written by the same Authour Printed Anno Domini 1660. In the second Year of the States Liberty and the Peoples Slavery Plin. Paneg. ad Trajanum Olim criminibus jam legibus laboratur metuendum est ne legibus fundata Respublica sit legibus eversa Isaiah 59. vers 3 4. Your hands are defiled with blood and your fingers with iniquity your lips have
and I pray God that all the mischiefs of the remaining Achitophel's Shimei's and Rabshakeh's may fall upon their own heads but peace happiness and prosperity may waite on our Solomon that he may be blessed and his throne be established before the Lord for ever To Conclude As your Loyalty in the worst oftentimes hath been signal if in nothing else yet in sufferings so dispise not to read this tractate wherein I dare presume you will find something which before you knew not the work ' its true is short but will not I hope want substance inest enim sua gratia parvis and to remember these things certainly cannot be irksome Saepe recordari medicamine melius omni to see and escape danger causeth not only admiration but pleasure which that you may receive with content by the perusall hereof is desired I shall only add one word in particular first to the Nobility You are Right Honourable Princes in the Congregation of our Israel Men of renown exemplarily both in your names and honours Be as eminent in service for your Prince as obliged to him for favours that it may be recorded of you as it is of Davids Worthies These are the mighty men which David had who strengthened themselves with him in his Kingdom according to the word of the Lord. 2. To the Gentry You are they whom Jethro counselled Moses to provide out of all the people to assist him and be mediatours between Prince and People approve your selves according to that counsel to be able men such as fear God men of truth and hating covetousness so shall the Lord give a blessing as he hath promised 3. To the Clergy God hath made you as a Beacon upon an hill that you might forewarn Israel of her sins ye are the salt of the Earth while you preach to others be not your selves cast away but in season and out of season labour labour to declare Christ not of contention and strife but sowe the word to effect that fruit may grow thereby And lastly to the Commons who are tumidum instabile vulgus I shall only wish that they will labour for peace and according to their Royal Princes dictate in his late Declaration concerning Ecclesiasticall affairs acquiesce in his condescentions concerning the differences which have so much disquieted the Sate by which endeavour all good Subjects will by Gods blessing enjoy as great a measure of felicity as this Nation hath ever done which is the earnest prayer of No. 2. 1660. Your c. T. M. THE HISTORY OF Independency The Fourth and Last part THE former parts of this Book having traced the prevalent and strong Factions of Presbyterian and Independent The Proeme through the several devious pathes wherein they marched and with what devillish cunning they did each endeavour to be greatest by surprising or at least undermining the other until at last they unriveted the very foundations of Government by the execrable murther of their undoubtedly lawful Soveraign a crime so abhorred that it is even inexpiable not to be purged with sacrifice for ever I say these things having received so lively a delineation in the former parts shall need no new recitalls I shall then begin at the end thereof which was when the sacred Reliques of betrayed Majesty specie justitiae received a fatal stroke from blood-thirsty hands neither able to protect it self or be a shadow and Asylum for rejected Truth and unspotted Loyalty Thus in an unsetled and confused posture stood poor England when the Sceptre departed from Israel and the Royal Lyon was not only robbed of his prey but his Life which Barbarism once committed what did the Independent Faction now grown chief ever after stick at Having tasted Royal Blood the Blood of Nobles seemed but a small thing to which end and to heighten and perfect their begun villanies they erect another High Court of Justice Lords H. H. C. tryed for the Tryal of James Earl of Cambridge Henry Earl of Holland George Lord Goring Arthur Lord Capell and Sir John Owen Knight whereof that Horsleech of Hell John Bradshaw was also President who with sixty two more as honest men as himself by a Warrant under the hands of Luke Robinson Nicholas Love and J. Sarland summoned for that purpose did accordingly appear upon Munday the fifth day of February 1648. for the putting in Execution an Act of Parliament as they called it for the erecting of an High Court of Justice for the trying and adjudging the Earls and Lords aforesaid with whom according to their fore-settled resolution making short work for they would admit of no plea of the five they presently condemned three to lose their heads on a scaffold in the Pallace-yard at Westminster Lords condemned on Friday the ninth day of March which day being come about ten of the clock that Morning Lieutenant Collonel Beecher came with his Order to the several Prisoners at S. James's requiring them to come away from whence they were immediately hurried in Sedans with a strong guard to Sir Thomas Cottons house at Westminster where they continued about two hours spending the whole time in holy devotion and religious exercises After which the Earl of Cambridge preparing first for the Scaffold after mutual embraces and some short parting expressions to and for his fellow-sufferers he took his leave and went along with the Officers attended on by Dr. Sibbalds whom he had chosen for his Comforter in his sad condition Being arrived at the Scaffold and seeing several Regiments both of horse and foot drawn up in the place after he had waited a little while with a fruitless hope and expectation of receiving some comfortable news from the Earl of Denbigh who was his Brother having sent for his Servant who being returned and having delivered his Message to the Earl of Cambridge privately he said So It is done now Hamiltons speech at his death and turning to the front of the Scaffold he spake to this effect That he desired not to speak much but being by providence brought to that place he declared to the Sheriff that the matter he suffered for as being a Traytor to the kingdom of England he was not guilty of having done what he did by the command of the Parliament of his own Countrey whom he durst not disobey they being satisfyed with tbe justnesse of their procedure and himself by the commands by them laid upon him and acknowledging that he had many wayes deserved a worldly punishment yet he hoped through Christ to obtain remission of his sins That he had from his Infancy professed the same Religion established by Law in the land That whereas he had been aspersed for evil intents towards the King all his actions being hypocritically disguised to advance his own self-interest hereto he protested his innocency professing he had reason to love the King as he was his King and had been his Master with other words to the same effect That as to the