clap Swords to their sides and come into the Army you see Souldiery is intended to be the chief Trade 131. An Act for Abolishing the Kingly Office c. March 17. 1648. The empty House of commons in farther prosecution of their said Designe and to please their Masters of the Army passed printed and published in the forme style of a Statute this Paper following entituled An Act for the Abolishing the Kingly Office in England Ireland and the Dominions thereto belonging WHereas Charles Stuart late King of England Ireland and the Territories and Dominions thereunto belonging hath by Authority derived from Parliament Since by the lavv the Crovvne cures all defects hovv can the King's bloud be attainted been and is hereby declared to be justly condemned adjudged to die and put to death for many treasons murthers and other hainous offences committed by him by which Judgement he stood and is hereby declared to be attainted of High Treason whereby his Issue and Posterity and all others pretending Title under him are become uncapable of the said Crowns or of being King or Queen of the said Kingdome or Dominions or either or any if them Bee it therefore Enacted and Ordained and it is Enacted VVe have svvorn saith Allegiance to K Charls the First His lavvfull Heyres Succ ssors and our Vovv is recorded in Heaven from vvhich no povver on earth can absolve us See the Oathes of Allegiance Obedience and Supremacy The Statute of Recognition 1. Iac. But the Commons are novv so Supreme as in imitation of the Pope to bring this Clause in practise Licet de jure non possumus tamen pro plenitudine potestatis nostrae volumus c. Ordained and Declared by this present Parliament and by Authority thereof That all the People of England and Ireland and the Dominions and Territories thereunto belonging of what degree or condition soever are discharged of all Fealty Homage and Allegiance which is or shall be pretended to be due unto any of the Issue and Posterity of the said late King or any claiming under him and that Charles Stuart eldest Sonne and James called Duke of Yorke second Sonne and all other the Issue and Posterity of him the said late King and all and every person and persons pretending Title from by or under him All our Lavves cut off by the non obstante of an eyght part of the House of Commons sitting under a force After almost 1000. years experience it novv found to be dangerous The English vvere never one half-quarter so much ens aved since VVilliam the Conquerour subdued them as they have been since Oliver the Brevver subjugated them are and be disabled to hold or enjoy the said Crown of England and Ireland and other the Dominions thereunto belonging or any of them or to have the Name Title Stile or Dignity of King or Queen of England and Ireland Prince of Wales or any of them or to have and enjoy the power and Dominion of the said Kingdoms and Dominions or any of them or the Honors Manors Lands Tenements Possessions and Hereditaments belonging or appertaining to the said Crowne of England and Ireland and other the Dominions aforesaid or to any of them or to the Principality of Wales Dutchy of Lancaster or Cornwall or any or either of them Any Law Statute Ordinance Vsage or Custome to the contrary hereof in any wise notwithstanding And whereas it is and hath been found by experience that the Office of a King in this Nation and Ireland and to have the power thereof in any single Person is unnecessary burthensome and dangerous to the liberty safety and publique interest of the people and that for the most part use hath been made of the Regall power and prerogative to oppresse impoverish and enslave the Subject and that usually and naturally any one person in such power makes it his interest to incroach upon the just freedome and liberty of the People and to promote the setting up of their owne Will and power above the Lawes that so they might enslave these Kingdoms to their owne Lust * * But in a Councell of State of forty Tyrants sitting under the protectioÌ„ and avve 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 ayding assisting comforting or abbetting unto any person or persons that shall by any waies or meanes whatsoever endeavour or attempt the reviving or setting up againe of any pretended Right of the said Charles eldest Sonne to the said late King James called Duke of Yorke 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 Regall 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 High Treason is what these Legislative Thieves list to make it an Arbitrary or me notvvithstanding the Stâ—t 25 Ed 3. for limiting ascertaining of Treasons for security of the People Tiberius and Neâ—o's daies are falleÌ„ upon us of vvhich Tacitus lugeni crimen debitiae c mplementum omnium accusationem lasa majestat and Dominions aforesaid or any of them That then every such offence shall be deemed and adjudged High Treason the Offenders therein their Counsellors Procurers Ayders and Abettors being convicted of the said Offence or any of them shall be deemed adjudged Traytors against the Parliament and People of England and shall suffer lose and forfeit and have such like the same paines 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 returne to its just and antient right of being Governed by its owne Representatives or Nationall meetings in Councell * * VVhen vvas England governed by their ovvne Representative or had any other regliment then Kings But vvhat the Legislative Conventicle declares vve must believe though contrary to our knovvledge They vvill lead our faith and reason in a string or have our necks in a halter A period to this Parliament and leave the Supreme povver in the Councell of State a designe long since aâ—tempted See 1 and 2 part of
attend his Majesâ—y in the Treaty The next thing debated vvas the List of such Gentlemen as vvere named to attend the King in this Treaty The moderate Party excepted against Ashburnham a great man vvith Cromvvell and Legge as being Prisoner to the Parliament The Independents excepted Dr. Shelden Hammond and Oldsworth for the same reason but the next day the Speaker moved that Legge and Ashburnham might go to the King and to satisfie such as had objected their Imprisonment against them the Independents alleaged they vvere unduly imprisond and moved a Committee might be appointed to examine the cause of their Restraint but the moderate alleaging the same reason for the said three Doctors and making the same motion for them there vvas no farther proceedings therein Thus farre I have briefly set dovvne the Preparations tovvards a Treaty 13. Master Pryns Speech in the House proving the Kings concessions to be a groud for a setlement the Treaty it selfe betvveen the King in the Isle of VVight and the Parliaments Commissioners their Reports of the Results to the Houses and the Houses Debates and Votes upon them tooke up almost all the time untill the 6. December 1648. some fevv businesses of no great moment intervening many imperfect and partiall Relations of them have been printed cum Privilegio but Mr. VVill Pryn in his excellent Speech made in the House of Commons 4. Decemb. 1648 and since printed hath set dovvn all the most materiall Arguments on both sides vvith great candor and ingenuity and hath confuted the Enemies to Peace and Accommodation if strength of Reason can confute those men that follovv onely thier ovvne Interests of povver and profit vvhose vvills and lusts have alvaies been their ovvne lavves and are novv become the onely Lavves of this Conquered Kingdome I love not actum agire I referre my Reader therefore to his Speech and vvill only trouble him vvith some Observations upon this Treaty I have said something of the Militia 14. The Militia and Negative Voice sect 62 63 64 106 and the Conclusions 15 16 17. and the Kings Negative Voice in the 1. part of this History especially in the Conclusions at the latter end I vvil onely say that vvithout them the King cannot be a Governing King but a bare Titular King a picture a shadovv because the protection of the People depens upon the povver of the Svvord He cannot protect them and their Lavves vvith the Scabbard The Authority of the Scepter follovves the povver of the Svvord vvherefore to give avvay one is to lose both nor can the Subjects be any longer His Majesties Subjects but Salves to their fellovv Subjects vvhen so many petty Kings not authorized by any lavv of God or Man to protect the People shall hold the Svvord over their Heads and distract them vvith different Opinions disagree in Commands according to the variety of their severall lusts factions and interests hovv can the King according to his Coronation Oath and duty to vvhich God hath called him Governe and protect his People 1. part sect 40 41 42. vvhen he hath given avvay his Svvord to a factious Parliament vvhere one Party tyrannizeth over the other and threatens the other vvith the longest Svvord hovv absurd and impossible it is for the Subject to expect protection from one hand and to svveare and pay Alleigannce to another hand that hath divested it self of all povver to protect them let our Lavves the practice of all Nations and times and the judgement of the learnedst Politicians tell you vvhose Maxime is Illa optima est Respublica ubi Princeps quà m maximum potest boni quà m minimum mali Primò ne nova Tributo indicere nova vectigalia constituere possit inconsultâ Republicâ Deinde legum condendarum anti 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 Gouvernment vvhere the King can doe most good and least evill 1. Let Him be disabled to raise nevv Taxes lay on nevv Tribute 2. Let Him not have the sole povver to make or repeale Lavves vvhich ought to belong to the Common-vvealth not any one Magistrate for no povver is more hurtfull to the People nor stirres more Commotions them these tvvo such is the Kingdome of England the King hath neither the povver of our purses nor the changing of our Lavves in His hands and if he give avvay his Svvord he vvill be such a King of clouts as can doe neither good nor evill like Rex Sacrificulis at Rome ea summa potestas dicitur quâ secundam Leges non est major neque par such vvas the Dictattor at Rome he had no equall there Papyp cursor dictator ad judged 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 vvith this saying Vicit tandem imperii majestas such is the King of England the Common-vvealth cannot compâ—ll him to grant a Pardon or dispense justice or mercy as they please the Oath of Supremacy calls Him Supreme Governour in all Causes over all Persons so doe all our Statutes to vvhom in Parliament vvhich is his highest sphere of majestie i the last appeale by VVrit of Error vvho is Principium caput finis Parliamenti the beginning head and end of the Parliament and therefore he onely calls the Parliament to advise vvith him and dissolves it vvhen he is satisfied He makes VVarre Peace See the 1. part of this History Prolegomena 1. and is Protector of the Lavves and of all just Interests onely the policy of the Lavv disables him to make repeale or alter Lavves or raise Monies vvithout consent of both Houses by Bill passed vvhich is but an Embrio untill he quickens it by his Royall Assent because this vvay the King may doe most hurt and vvrong to his people as I have already said it being the vvisdome of our Lavves to keep the Svvord in one hand and the purse in another The 1. proemiall Proposition for justifying the Parliaments Cause and Quarrell and condemning His owne Cause and Party 15. The 1. Proposition for justifying the Parliaments and condemning His owne quarrell vvas a bitter pill but an earnest desire of peace svveetned it and guilded it over and invited him to svvallovv it vvithout chavving or ruminating upon it but hovv devilish unchristian and illegall a use the Faction have made of this extorted confession let God judge Their insisting upon it that the King should take the Convenant 16. The Covenant endevoured to be put upon the King vvas an errour in Policy vvhereof the rigid Presbyterians are guilty they supposing the King vvould take it at last stood upon it and intended thereby to joyne the King to their
Army and their Parliament Cromwell Ireton and Hugh Peters have severall times made it their errand to go into the City and visit the Ministers 66. London Ministers threatned See the Ministers of Londons Letter to the Generall called A serious Representation dated Ian. 18. 1648. giving them threatning admonitions not to Preach any thing against the Actings of the Army and their Parliament But Hugh acted his part above them all he tooke some Musketiers with him to the house of Master Calamy knocking at the dore a Maid asked whom he would speake with he told her with her Master she asked his name he replied Mr. Hugh Peters the Maid going up the staires to acquaint her Master who was above-staires in Cōference with somes Divines over-heard Peters say to the Souldiers The very name of Peters will fright them all Peters being called up the staires told Mr. Calamy He was commanded by the Generall to warne him to come before him Mr. Calamy leaving Peters vapouring canting Religion and non-sense to the rest of the Divines slipt downe staires and went to the Generall to know his pleasure telling him He had been summoned before him by Hugh Peters the Generall said Peters was a Knave and had no such directions from him Since this the Councell of Warre finding it difficult to stop the Ministers mouths have sundry times debated 67. The C. of VVar consider hovv to shut up the Churches dores How to shut up the Churches dores in the City for Reformation of the Church and propagation of the Gospell they have imprisoned Mr. Canton a worthy Minister for praying for King CHARLES threaten to trie him for his life in the Upper Bench forsooth which all the Lawes call the Kings-bench and upon their new Acts of Parliament made by a ninth part of the Members the small remnant or Junto of the House of Commons notwithstanding by The Directory for Publique Worship established by both Houses the Ministers are enjoyned to pray for the King It is said that Monsieur Paux one of the Dutch Agents here hath advised Cromwell to stop the Ministers mouthes by hanging up a dozen of them and vouches a president for it in the Low Countries 68. The Lords sent some Votes to the Commons for their cōcurrence Ian. 9. The Lords sate againe and passed some Ordinances which they sent downe to the Commons for their concurrence to feel their pulse whether they would vouchsafe to take so much notice of them the Commons laid them aside after some expressions of disdaine 69. Sergeant Dandy proclaimeth the sitting of the nevv H Court of Iustice This day Sergeant Dandy Sergeant at Armes to the Comissioners for Triall of His Majesty rode into Westminster-hall with the Mace belonging to the House of Commons upon his shoulder some Officers attending him all bare and 6. Trumpetors on horsback before him Guards of Horse Foot attending in both the Palace-yards the 6. Trumpetors sounded on horseback in the middle of the Hall the Drums beat in the Palace-yards after which a Proclamation was read aloud by Mr. King one of the Messengers of the said High Court of Justice to this purpose To give notice that the Commissioners were to sit to morrow and that all those that had any thing to say against CHARLES STVART King of England might be heard The like was done in Cheapside and at the Old Exchange 70. The Gr Seale voted to be broken This day the remainder of the House voted their Great Seale to be broken in order to the making of a new one justly putting the same affront upon their owne Seale which they had formerly put upon the Kings 71. Mr. Pryns Memento to the unparliamentary Iunto Upon these occasions Mr. Pryn it is said published his Memento to the unparliamentary Junto therein telling the House That being forcibly secluded from the House by the Officers of the Armies violence whereby he could not speake his mind to them freely in or as the House of Commons yet he would write his thoughts to them as private Persons onely under a force consulting in the House without their fellow Members advice or concurrence about speedy Deposing and Executing CHARLES their lawfull Soveraigne to please the Generall Officers and Counsell of the Army who have usurped to themselves the Supreme Authority both of King and Parliament or rather the Iesuits and Popish Priests among them 1. By the Common Law the Stat. 25. Edw. 3. Cok. 5. Iusti 4. 1. Stamf. Pleas of the Crovvne l. 1. c 1 2. and all other Acts concerning Treason It is High Treason for any man by overt act to compasse the death of the King or his eldest Sonne though never executed and so adjudged by Parliament in the Earle of Arundels Case 21 Ric. 2. Plac. Coronae n. 4 6 7. 2. In the Oath of Allegiance which every man takes before he sits in Parliament you acknowledge Him to be lawfull and rightfull King of this Realme and that the Pope neither of himself nor by any authority of the See of Rome or by any other meanes with any other hath any Power or Authority to depose the King c. 3. Your selves amongst other Members Exact Collect p. 16. 19. 21. 59. 66. 83. 102. 103. 118. 123. 125. 141. 142. 143. 173. 180. 195. 219. 259. 281. 307. 380. 312. 360. 376. 457. A Collect c. p. 13. 18. 41. 43. 44. 49. 51. 61. 64. 96. 181. 182. 310. 321. 424. 425. 499. 599 623 696. 806. 807. 879. Appendix p. 15. in above one hundred Remonstrances Declarations Petitions Ordinances c. in the name of the Parliament have professed you never intended the least hurt injury or violence to the Kings Person Crowne Dignity or Posterity but intended to Him and His Posterity more Honour Happinesse Glory and Greatnesse than ever any of His Predecessors enjoyed That you would make good to the uttermost with jour lives and fortunes the Faith and Allegiance you have alwaies borne to him That all Contributions Loanes should be imployed onely to maintaine the Protestant Religion the Kings Authority Person Royall Dignity Lawes of the Land Peace of the Kingdome and Priviledges of Parliament That the Forces raised by the Parliament were for defence of the Kings Person and of both Houses That the Parliament will ever have a care to prevent any danger to His Person That they are resolved to expose their lives and fortunes for maintenance of the Kings Person Honour and Estate and the Power and Priviledges of Parliament when the King taxed the Houses for insinuating Exact Collect pag 298. 695. 696. 657. 658. 991. That if they should make the highest presidents of other Parliaments their patternes that is Depose the King there could be no cause to complain of them Both Houses by two Declarations protested against it saying That such thoughts never entred nor should enter into their Loyall hearts 4. By the Protestation Collect. of
all Orders p. 8. 13. 41. 43. 44. 49. 51. 61 64. â—6 9â— 623. 69â— 879. Appendix pag. 15. they Declare in the presence of God to defend the Kings Person and Estate and that their Armies under Essex and Fairfax were raised for that purpose inter alia 5. By the Nationall Covenant they vowed to defend the Kings Person and Authority in preservation of true Religion and Liberties of the Kingdome and that they will all the daies of their lives continue in this Covenant against all opposition 6. You monopolize the Supreme power into your owne hands robbing both King Lords the rest of your fellow Members thereof whom you are content should be violently shut out by your Army who have leavied Warre against the Parliament to dissolve it till the removall of which force and restoring your Members with freedome and safety you ought not to sit or Act by your Armies owne doctrine in their Remonstrance Aug. 18. by the Declaration and Ordinance of both Houses Aug. 20. 1647. Also 15. E. 3. n 5. 17. E. 3. n. 2. 6. 18. E. 3. n. 1. 2. 5. c. â— R. 2. n. 1. 2. R. 2. n 1 3. R. 2. n. 1. 4 R. 2. n. 1. 5. R. 2. Parl 1. n. 1. Parl. 2. n. 1. 8 H. 4. n. 28. Sec. 21. R. 2. c. 12. 1. H. 4. c. 3. 31. H. 6. c. 1. 39 H. 6. c. 1. See the memorable Record 6. E. 3. Parl. apud Ebor. n. 1 2. dorso clauso 6 E. 3. m. 4. 6 E. 3. apud Westm ' Parl. 2. n. 1 13. E. 3. Parl. 2. n. 4. many more Rolls where Parliaments when any considerable number of Members of either House were absent refused to sit though under no force till the Houses were full 7. You have neither Law nor president for what you doe Edw. 2. Rich. 2. were forced by Mortimer and H. 4. to resigne their Crowns in a formall way one to his Sonne the other to his conquering Successor neither of them to the Parliament and at last Deposed by a subsequent Sentence of Parliament as unfit to Reigne without any formall Triall * 72. The Armies party in the H approve the matter of the Co of Officers accusatory Ans against the secured Memb vvithout hearing them See Mr. Io Grereâ—s Ans to that silly Sophister Io Goodvvin called Might overcomming right Ian. 11. 1648. The House read the Answer of the Generall Counsell of the Army concerning the secured secluded Members and as I have formerly said without hearing what the said Members could say for themselves approved the matter of it whereupon the secured and secluded Members 20. Ian. 1648. with much adoe got printed their Vindication against the Aspersions cast upon them in The humble Answer of the Generall Counsell of the Officers of the Army concerning the securing secluding of the said Members The summe whereof is as followeth By the Preamble of this Answer by the Proposals of the 6. Decemb. and the late Declaration and Remonstrance therein cited 73. The sec secl Mem. Defence aginst the scandalous An of the C of VV it appeares this designe to breake the House by force hath been long since plotted and contrived with action The Generall Councell of the Army in their said Answer say Is a course in it selfe irregular and not justifiable but by honest intentions and extraordinary necessity the weaknesse of which Answer we must examine but first must state the case between us They are an Army raised by Ordinance of Parliament of 15. Febr. 1644. for defence of King and Parliament the true Protestant Religion the Lawes and Liberties of the Kingdome and to be from time to time subject to such Orders and directions as they shall receive from both Houses of Parliament and to this end they stand Commissioned by them and receive pay from them to this day And besides this trust thus lying upon them they are under the obligation of a solemne Covenant sworn to God That they will in their place and callings with sincerity reality and constancy with their estates and lives preserve the Rights and Priviledges of the Parliament and the Liberties of the Kingdome and defend the Kings Person and Authority in defence of the true Religion and Liberties of the Kingdome they being under the said trusts and Oath march up to Westminster contrary to order in a hostile way forcibly secured secluded drove away many of the Members the Question is Whether this Action be Iustifiable upon pretence of Honest intentions and Necessity Their good intentions cannot be known but by their expressions and actions and they referre us to their Proposals Declarations and Remonstrances where we find their desires are 1. To take away the Kings life 2. To take away the lives of the Prince and the Duke of Yorke at least to dis-inherit both them and all the Kings Children 3. To put a period to this Parliament 4. To set up a new Representative of their owne which takes away all Parliaments 5. To have an Elective King if any These are their Honest intentioÌ„s for publique good which must come in to justice their waging warre against their Masters this Parliament To name them is to confute them as being apparently against the Lawes of God and the Land under which they live which they are engaged to maintaine we shall produce no other Witnesses to prove this but themselves On the 15. of Novemb. 1647. The Agreement of the People which is lower in demands than these which they call Honest intentions for publique good was condemned by the Army The promoting it in the Army judged mutinous and capitall Col Rainsborough and Major Scot complained of in the House for appearing in it and the Paper it self adjudged by the House destructive to Government and the being of Parliaments The second pretence or Principle is Extraordinary Necessity for the same end To this we say 1. The Army made the same plea of necessity in their Remonstrance Iune 23. 1647. upon quite contrary grounds to what they expresse now both to justifie the same violent proceedings against the Parliament then when the King was seized upon by a Party of the Army without Order from the House the Army advanced against the Parliament They say in their Letter to the House Iuly 8. 1647. There have been several Officers of the Army upon severall occasions sent to his Majesty the first to present to Him a Copy of the Representations and after that same others to tender Him a Copy of the Remonstrance upon both which the Officers sent were appointed to cleer the Sence and intentions of any thing in either Turne back to sect 2 and see my Aniadvers upon the Army 20. Nov 1648. p. 4 5 6 7. Paper whereupon His Majesty might make any Question There the Army Treated with the King yet now they offer violence to the Parliament for Treating with the King Then in their Remonstrance 25. Iune
Generall and Generall Councell of the Army and their Faction now remaining and sitting in the said House WHereas long since for ease of the People both Houses in a full free Parliament Voted the Disbanding of this Army in opposition to which some great Officers of the said Army to continue their rich Commands with some Members of the House of Commons who daily inrich themselves by the troubles of the times secretly mutinied the Army against the Parliament And whereas lately the farre major part of the House of Commons pitying the bleeding condition and teares of the oppressed People Voted and entred into a Personall Treaty with the King without which by the Armies own confession in their Remonstrance at Saint Albons p. 64. there can be no peace which the Army interrupted by obtruding upon the Commons a treasonable Remonstrance 20. Novemb. 1648. tending to destroy the King and His Posterity and wholly to subvert all Parliaments Religion Lawes Liberties for ever whereby the Commons in Parliament found it absolutely necessary to prevent such pernitious innovations by cōcluding a safe peace with His Majesty whereupon after mature debate the House of Commons the 5. Decemb. 1648. Voted That the Kings Answer to the Propositions of both Houses upon the Treaty were a ground for the Houses to proceed to the setlement of a safe and well-grounded Peace Upon which the Generall and Councell of Warre Wednesday morning 6. December 1648. Seized Imprisoned 41 of the Members going to the House of Commons to doe their Duty secluded above 160. other Members besides 40. or 50. Members who voluntarily withdrew themselves to avoid their violence leaving onely their owne engaged party of 40. or 50. Members sitting who now passe Acts of Parliament of the House of Commons as they call them without the Lords and comply with the said Councell of Warre to carry on the said Remonstrance To which purpose this present remnant of the Commons have unvoted in a thin House under the force of the Army what was deliberately Voted in a full and free House whereas by their owne Ordinance passed upon the Tumult of Apprentices 20. August 1647. to null and make void ab initio all Acts Orders Votes c. passed under the said force This remaining Party ought not to sit act nor take upon them the style af a House under so visible actuall and horrid a Force The premises considered We whose names are hereunto subscribed Members of the House of Commons doe declare protest That the said Generall Commissioned Officers Generall Councell of the Army by the said act of violence upon the major part of the House which legally and virtually is the whole House have waged Warre and Rebelled against the Parliament their Masters who raised them to defend the Priviledges of Parliament the Kings Person Authority in defence of Religion Lawes Liberties and have thereby forfeited their Commissions and have broken and dis-continued this Parliament so that untill this force be removed punished the Honour of the Parliament and their wronged Members vindicated and all the Members resummoned all the Votes Orders Actings Passed and to be Passed by this nominall House of Commons are and will be void ab initio and all such as doe or shall obey them are and will be punishable both by the Armies owne judgment in their Remonstrance August 18. and by the Houses Declaration and the said Ordinance 20. August 1647. We doe farther declare protest against this present House of Commons illegall Acts Order or Ordinance for erecting a High Court of Justice usurping a power without any Law or president to Trie Depose and bring to capitall punishment the King and to Dis-inherit His Posterity or any of them and against the said Generall Councell of Officers aiding and abetting them therein as highly impious against the Law of God Nations the Protestant Profession Traytors against the Stat. of Treasons 25. Edw. 3. and against all Lawes and our Statutes perjurious and perfidious against the Oaths of Allegiance Supremacy Nationall Covenant and Protestation all the Parliaments Declarations Remonstrances held forth to the world their Treaties and promises made to the Scots when they delivered the Kings Person into our hands against our promises made to the Hollanders and other Nations and against all the Professions Declarations Remonstrances and Proposalls made by this Army when they made their Addresses to the King at New-market Hampton-Court and other places Ianuary 19. 1648. William Pryn. Clem Walker About this time the Generall Councell of Officers at White-Hall ordered 75. The Coun of Officers order 2. Petit for the Com House 1. against Tyths 2. against the Stat. for Banishing the Ievvs 76. Col. Tichburnes Pet and Complaint against the Ld. Mayor their Orders thereupon The like Petitiōs vvere invited from most Counties vvhere a dozen Schismaticks and two or three Cloaks represēted a vvhole County That two Petitions or mandates rather should be drawn and presented to their House of Commons One against Payment of Tythes the other for Repealing the Act for Banishment of the Iewes Here you see they shake hands with the Jewes and crucifie Christ in his Ministers as well as in his Anointed the King About this time Col Tichburne some schismaticall Common-Councell-men presented a Petition to the supreme Authority the Commons in Parliament demanding justice against all grand and capitall Actors in the late Warres against the Parliament from the highest to the lowest the Militia Navy and all Places of power to be in faithfull hands that is in their owne Faction all others being displaced under the generall notion of Disaffected to settle the Votes That the supreme Authority is in the Commons in Parliament assembled They complained That the Lord Mayor and some Aldermen denied to put their Petition to the Question at the Common Councell and departed the Court with the Sergeant and Town-Clerke That the Court afterwards passed it Nemine contradicente The Commons thanked the Petitioners for the tender of their assistance and Ordered That the Petition should be entered amongst the Acts of the Common Councell and owned them for a Common Councell notwithstanding the departure of the Lord Mayor c. And about foure or five daies after the Commons Ordered * See a just solemne Protest of the free Citizens of London against the Ordinance 17. Decemb 1647. disabling such as had any hand in the City Engagement to beare Offices That any six of the Common Councell upon emergent occasions might send for the Lord Mayor to call a Common Councell themselves and any forty of them to have power to Act as a Common Councell without the Lord Mayor any thing in their Charter to the contrary notwithstanding Thus you see the Votes of this supreme thing the House of Commons are now become the onely Lawes and Reason of all our actions 77. An Act passed for adjournment of part of Hillary Terme
have publique Slaughter-houses in terrorem as well as private ad poenam the nature of their Cause and their naturall conditions requiring it Oliver is a Bird of prey you may know by his Bloudy Beake so was his Prodromus that Type and figure of him Iohn of Leyden than whom this Fellow will shortly prove farre more bloudy you see this schismaticall remnant of one House have the impudence to usurp the Supreme Authority to themselves And then to tell you that the Votes of this petty Conventicle calling themselves the Commons are the Law nay the Reason of the Land thereby devesting us of those Lawes which shall distinguish us from Slaves denying us the use of our reason whereby we are differenced from Beasts and expecting an implicite faith blind obedience from us to all the Votes of this half quarter of a House of Commons so farre that they Vote obedience to the knowne Lawes in many cases to be Treason vvhat all our Lavves call Treason they Vote no Treason nay should they vote a Turd to be a Rose or Oliver's Nose a Ruby they vvould expect vve should svveare it and fight for it This legislative Den of Thieves erect new Courts of Justice neither founded upon Lavv nor prescription Theaters of illegall tyranny and oppression to take avvay mens lives Arbitrarily for actions vvhich no Lavv makes criminous nay for such acts as the Lavves command vvhere their proceedings are contrary to Magna Charta and all our knovvne Lavves and usages not per probos legales homines no Juries no svvorne Judges authentically chosen no Witnesses face to face no formall Indictment in vvhich a man may find errour and plead to the jurisdiction of the Court or vvhere the Court ought to be of Councell vvith the Prisoner but the same engaged and vovved Enemies are both Parties Prosecutors Witnesses Judges or Authorizers and Nominators of the Judges Actors of all parts upon that stage of Bloud The King pressed earnestly especially upon Monday 22. Ian. to have His Reasons against the Iurisdiction of the Court heard but vvas as often denied He intended then to give them in vvriting vvhich vvas likevvise rejected so they vvere sent to the presse A true Copie whereof followes His Majesties Reasons against the pretended Jurisdiction of the High Court of Justice which He intended to deliver in Writing on Monday Jan. 22. 1648. 86. His Majesties Reasons against the Iurisdiction of the high Court of Iustice published after His condemnation Faithfully transcribed out of the Originall Copie under the Kings owne Hand HAving already made my Protestations not only against the illegality of this pretended Court but also that no earthly power can justly call Me who am your King in question as a Delinquent I would not any more open My mouth upon this occasion more then to referre My selfe to what I have spoken vvere I alone in this case concerned But the duty I ovve to God in the preservation of the true Liberty of My People will not suffer Me at this time to be silent For how can any free-borne Subject of England call life or any thing he possesseth his owne if power without right daily make new abrogate the old fundamentall Law of the Land which I now take to bee the present case Wherefore when I came hither I expected that you would have indevoured to have satisfied Me concerning these grounds which hinder Me to Answer to your pretended Impeachment but since I see that nothing I can say will move you to it though Negatives are not so naturally proved as Affirmatives yet I will shew you the Reason why I am confident you cannot judge Me nor indeed the meanest man in England for I will not like you without shewing a reason seek to impose a beliefe upon My Subjects * * Hereabout I vvas stopt and not suffered to speak any more cōcerning Reasons There is no proceeding just against any man but what is warranted either by Gods Lawes or the municipall Lawes of the Country where he lives Now I am most confident that this daies proceeding cannot be warranted by Gods Law for on the contrary the authority of obedience unto Kings is clearly warranted and strictly commanded both in the Old and New Testament which if denied I am ready instantly to prove and for the question now in hand there it is said That where the word of a King is there is Power and who may say unto him what doest thou Eccles 8.4 Then for the Lawes of the Land I am no lesse confident that no learned Lawyer will affirme that an Impeachment can lie against the KING they all going in His name and one of their Maxims is That the King can doe no wrong Besides the Law upon which you ground your proceedings must either be old or new if old shew it if new tell what authority warranted by the fundamentall Lawes of the Land hath made it and when But how the House of Commons can erect a Court of Judicature which was never one it selfe as is well known to all Lawyers I leave to God and the World to judge And it were full as strange that they should pretend to make Lawes without King or Lords House to any that have heard speak of the Lawes of England And admitting but not granting that the People of Englands Commission could grant your pretended power I see nothing you can shew for that for certainly you never asked the question of the tenth man of the Kingdome and in this way you manifestly wrong even the poorest Plough-man if you demand not his free consent nor can you pretend any colour for this your pretended Commission without the consent at least of the major part of every man in England of whatsoever quality or condition which I am sure you never went about to seek so farre are you from having it Thus you see that I speake not for My owne right alone as I am your King but also for the true Liberty of all My Subjects which consists not in sharing the power of Government but in living under such Lawes such a Government as may give themselves the best assurance of their lives and propriety of their goods Nor in this must or doe I forget the Priviledges of both Houses of Parliament which this daies proceedings doth not onely violate but likewise occasion the greatest breach of their Publike Faith I believe ever was heard of with which I am farre from charging the two Houses for all the pretended Crimes laid against Me beare date long before this late Treaty at Newport in which I having concluded as much as in Me lay and hopefully expecting the two Houses agreement thereunto I was suddenly surprised and hurried from thence as a Prisoner upon which accompt I am against My will brought hither where since I am come I cannot but to My power defend the ancient Laws and Liberties of this Kingdome together with My owne just Right then for any
shall contrary to this Act Proclaime c. Shall be deemed and adjudged a Traytor and suffer accordingly Notwithstanding which inhibition the 2. February 1648. 95. A Proclamation privately printed scattered proclaiming CHARLS the secōd was printed and scattered about London-streets this following Proclamation * A Proclamation proclaiming CHARLES Prince of Wales King of Great Britaine France and Ireland WEE the Noblemen Iudges Knights Lawyers Gentlemen Freeholders Merchants Citizens Yeomen Seamen and other freemen of England doe according to our Allegiance and Covenant by these presents heartily joyfully and unanimously acknowledge and proclaime the Jllustrious CHARLS Prince of Wales next heire of the blood Royall to his Father King CHARLS whose late wicked and trayterous murther we doe from our soules abominate and all parties and 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 Royall Person Crowne and Dignity with our Estates Lives and last drop of our Bloods against all Opposers thereof whom we doe 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 yeare of His Majesties Reigne God save King CHARLES the Second The fag end of the House of Commons Febr. 1. 1648. 96. A Vote that such Members as had assented to the Vote 5. Dec. shall sit no more others to enter their dissēt and disapprovall 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 setlement should not be re-admitted to sit as Members such as were then in the House and voted in the negative should first enter thier dissent to the said Vote such as were absent should declare thier disabbrovall before they sit You see the cheating Godly are resolved to keep all to themselves This day thier tame Lordships sent a Message to the House of Commons but they were too surly to call the Messengers in the substance of the Message was That thier Lordships had appointed 7. 97. The Lords send a Message to the Comm but the messenger not called in of their House to joyne with a proportionable number of Commons to consider of a way how to settle this Nation Monday 5. Febr. 1648. The Commons debated whether they should continue the House of Lords as a Court Iudicatory or Consultory onely And the day following they put this Question Whether this House shall take the advice of the House of Lords in the exercise of the Legislative power of the Kingdome in pursuance of the Votes of this House 4. Iann last This was carried in the Negative by many Voices 98. The house of Lords voted downe in farther pursuance of which Vote they farther voted That the House of Peers in Parliament is uselesse and dangerous and ought to be abolished and that an Act be brought in for that purpose and voted downe their Priviledge of being exempt from Arrests yet they graciously condescended they shal 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 Lawes and reason captive and is almighty against all but the Councell of the Army The 8. Febr. 99. A Protestation of Peeres came forth A Declaration and Protestation of the Peeres Lords and Barons of this Realme against the late treasonable proceedings and tyrannicall usurpations of some Members of the Commons House who endeavour to subvert the fundamentall Lawes and Regall Government of this Kingdom and enslave the People to their boundlesse Tyranny in stead of Freedome The Protestation followeth VVE the Peers Lords and Barons of this Realme of England for the present necessary vindication of the undoubted Rights and Priviledges of Parliament and more particularly of the House of Peers the just Prerogatives and Personall safety of our Kings the known Lawes and Liberties of this Kingdome the Hereditary Freedome of all the Freemen of this Nation and our owne affronted and contemned Honours and Authority against the many late unparallel'd dangerous Invasions and treasonable Vsurpations of a few insolent mis-advised Members of the late House of Commons whiles the greatest and ablest part of that House were forcibly detained or deterr'd from thence wherewith we find our selves and the whole Kingdome unsufferably injured and deeply afflicted Doe after a long patient expectation of their owne ingenious Retractations of such unjustifiable Exorbitances which their owne judgments and consciences cannot but condemn whereof we now utterly despaire being thereto engaged in point of Honour Loyalty Conscience Oath and love to our Native Country as also by our Solemne League and Covenant publikely declare and protest to all the world That by the Lawes and Customes of this Realme and usage of Parliament time out of mind ever since there were Parliaments in this Island the principall Authority and Iudicatory of the Parliaments of England hath alwaies constantly resided and ought still to continue onely in the King and House of Peers wherein He alwaies sits and not in the Commons House who never had claimed nor ought to have any right or power to judge any Person or Cause civilly or criminally having no authority to examine any VVitnesses upon Oath and being no Court of Record but onely to accuse and impeach Delinquents in and before the House of Peers where they alwaies have used to stand bare-headed at their Barre but never yet to stand covered much lesse to sit vote or give Iudgement And that the House of Commons without the concurrent assent of the House of Peers and Kings of England never heretofore challenged nor enjoyed nor can of right pretend to any lawfull power or Iurisdiction to make or publish any forme or binding Ordinance Vote Act or Acts of Parliament whatsoever nor ever once presumed to passe any Act or Acts to erect a new High Court of Iustice to trie condemne or execute the meanest Subject least of all their owne Soveraigne Lord and King or any Peere of the Kingdome who by the Common and Statute Lawes of this Realme and Magna Charta ought to be tried onely by their Peers and not otherwise or to Dis-inherit the right Heire to the Crowne or to alter the fundamentall Government Lawes Great Seale or ancient formes of processe and legall proceedings of this Realme
cunning The House passed an Act that the Oath underwritten 106. A new Oath for the Free-men of London and other Corporations and no other be administred to every Free-man of the City of London at his admission and of all other Cities Burroughs and Townes Corporate YOu shall sweare that you will be true and faithfull to the Common-weath of England and in order thereto you shall be obedient to the just and good Government of the City of London c. 107. An Act to repeal the Oaths of Allegiance Obedience and Supremacy They passed an Act also to repeale the severall Clauses in the Statutes 1. EliZ. 3. Iacob enjoyning the Oaths of Allegiance Obedience and Supremacy That the said Oathes and all other Oathes of the like nature shall be and are hereby wholly taken away the said Clauses in the said Acts be made void and null and shall not hereafter be administred to any Person neither shall any place or office be void hereafter by reason of the not taking of them or any of them any Law Custome or Statute to the contrary notwithstanding 108. Another Declaration and Protestation of the secured secluded Members In opposition to these tyrannous destructive illegall and trayterous proceedings of 40. or 50. cheating Schismaticks sitting nuder the force and promoting the Jnterests of will and power of the rebellious Councell of Officers in the Army The secured and secluded Members of the House of Commons Declared as followeth * A publike Declaration and Protestation of the secured secluded Members of the House of Commons Against the treasonable illegall late Acts proceedings of some few Confederate Members of that dead House since their forcible Exclusion 13. Febr. 1648. VVE the secured and secluded Members of the late House of Commons taking into our sad serious Considerations the late dangerous desperate and treasonable proceedings of some few Members of that House not amounting to a full eighth part of the House if divided into ten who confederating with the Officers and Generall Councell of the Army have forcibly detained and secluded us against the Honour Freedome and Priviledges of Parliament from sitting and voting freely with them for the better setling of the Kingdomes peace and contrary to their Oaths of Allegiance and Supremacy their Protestation the Solemne League and Covenant and sundry Declarations and Remonstrances of both Houses to His late Murdered MAIESTY His Heires and Successors the whole Kingdomes of England Scotland and Ireland and to all foraigne States and Nations since our exclusion and forced absence from their Counsels by reason of the Armies force most presumptuously arrogated and usurped to themselves the Title of The Supreme Authority of this Kingdome and by colour and pretence thereof have wickedly and audaciously presumed without and against our privities or consents and against the unanimous Vote of the House of Peers to erect a High Court of Iustice as they terme it though never any Court themselves to Arraigne and Condemne His Majesty against the laws of God and the municipall Lawes of the Realme which Court consisting for the most part of such partiall and engaged Persons who had formerly vowed His Majesties destruction and sought His bloud most illegally unjustly refused to admit of His Majesties just Reasons and exceptions against their usurped Iurisdiction and without any lawfull Authority or proofe against Him or legall Triall presumed most trayterously and impiously to Condemne and Murder Him and since that have likewise presumed to Trie and Arraigne some Peers and others free Subjects of this Realme for their Lives contrary to Magna Charta the Petition of Right the Lawes of the Land and the Liberty of the Subjects to the great enslaving and endangering of the lives and liberties of all free 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 Laws of the Land and by pretext thereof have trayterously and wickedly endeavoured to Dis-inherit the Illustrious CHARLES Prince of VVales 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 tyrannical lawlesse power to themselves to Vote down our antient Kingly Monarchicall Government and the House of Peers and to make a new Great Seal of England without the Kings Portraicture or Stile and to alter the antient Regall and Legall stile of VVrits proceedings in the Courts of Iustice to create new Iudges and Commissioners of the Great Seale and to dispense with their Oathes of Supremacy and Allegiance and to prescribe new Oathes 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 beeing of Parliaments for which Treasons Strafford and Canterbury though leste 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 Burroughs for which we serve doe by this present Writing in our own 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 doe 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 tyrannicall and pernitious both to the King Parliamt 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
onely two months pay 2. They have taken away three parts of their Arreares for Free-quater without satisfaction to the Country And at last force them to sell their Debentures at the aforesaid rates that those Souldiers that are continued in Armes shall fare no better when they have served their turnes with them Pag. 10 they say Their engagements against the King was not out of any Personall enmity but simply against his Oppressions and Tyranny on the People but the use and advantage on all the successe God hath been pleased to give us is perverted to that end That by His removall the Ruling Sword men might intrude into His Throne set up a Martiall Monarchy more cruell arbitrary and tyrannicall than England ever tasted of that under the notion of a Free-State when as the People had no share at all in the constitution thereof but by the treachery and falsnesse of the Lieutenant Generall Cromwell and his Son-in-Law Ireton with their Faction was inforced and obtruded by meer Conquest on the People And a little after now rather then to be thus vassallized thus trampled and trod under soot by such as over our backs have stepped into the Chaire of this hatefull Kingship over us in despight of the consent choice and allowance of the Free-People of this Land the true fountaine and originall of all just Power as their owne Votes against Kingly Government confesse we will chuse subjection to the PRINCE chusing rather ten thousand times to be His Slaves than theirs c. Pag. 11. They Vote and Declare The People the Supreme Power the Originall of all just Authority pretend the promotion of the Agreement of the People stile this The first yeare of Englands Freedome entitle the Government A Free State and yet none more bloody violent and perverse Enemies thereto for not under paines of death and confiscation of Lands and Goods may any man challenge or promote those Rights of the Nation so lately pretended by themselves Nothing but their boundlesse lawlesse wills their naked Swords Armies Armes is now Law in England c. 16. August 1649. Col. 209. Col Morrice Governour of Pontefract for the King Endicted at the Assizes at York condemned and executed Morrcie who kept Pontefract-Castle for the KING was Endicted before Iudge Thorpe and Pulleston at Yorke Assizes upon the Stat. 25. Edw. 3. for leavying Warre against the late King and Parliament The Colonel challenged one Brooke Fore-man of the Iury for being his professed Enemy but the Court knowing Brooke to be the principall Verbe the Key of their worke answered Morrice He spake too late Brooke was sworne already Brooke being asked the Question Whether he were sworne or no replied He had not yet kissed the Booke The Court answered It was no matter that was but a Ceremony alleaging he was recorded Sworne there was no speaking against a Record Sure they made great haste to record him sworne before he could kisse the Booke so Brooke was kept in upon this cavill by whose obstinacy Morrice was condemned I cannot wonder that legall Formes Ceremonies are laid by although justice cannot subsist without those Legalities to ascertaine her proceedings which otherwaies would be left at large to the discretion of the Iudge when I see our knowne Lawes Magna Charta the Petition of Right 3. Carol. and the rest with the fundamentall Government of this Nation pulled up by the roots to carry on their Designes of enslaving the People to their lusts notwithstanding the Parliaments Declarations Remonstrances Protestations Covenants Oathes to the contrary and their late Vote in the Act for Abolishing Kingly Government That in all things concerning the Lives Liberties Properties and Estates of the People they would observe the knowne Lawes of the Land But to returne to our Relation Then Morrice challenged 16. more of the Iury whereat Pulleston was so pettish that he bade Morrice keep his compasse or else he would give him such a blow as should strike off his head Untill Morrice cited the Stat. 14 Hen 7. fol. 19. whereby he might challenge 35. men without shewing cause Here you see the Iudges which ought to be of Councell with the Prisoner in matter of Law endeavouring to out-face and blind the Prisoner with ignorance of the Law being a Martiall Man Then he desired a Copie of his Endictment that he might know what to answer saying he might plead Speciall as well as Generall which the Court denied him Next because there was point of Law in it he desired to have Councell citing the Stat. 1. Hen 7. fol. 23. which was likewise denied him yet I am deceived if Rolfe had not Councell allowed him being endicted at Winchester for an endeavour to Murder KING CHARLES the First and had many other favours denyed to Morrice Then Col. Morrice for his discharge produced the PRINCE'S Commission as Generalissimo to the KING his Father The Iudges answered The Prince was but a Subject as Morrice was and if He were present must be tried as he was and rejected the Commission without reading Morrice told them the Prince had His Authority from the King in whose name all Iudges Officers did then Act. The Court Answered the power was not in the King but the Kingdome Observe they endicted him for Leavying Warre against the King and Parliament The word Parliament was a surplusage for which no Indictment could lie no Allegiance no Treason and we owe Allegiance to the King alone whosoever Leavyeth Warre in England in the intendment of the Law is said to Leavy Warre against the King onely although he ayme not at His Person but at some other Person And if he that Leavyeth Warre against the King His Crowne Dignity be a Traitour how much more must they be Traitours that have actually Murdered the King and Dis-inherited and proscribed his lawfull and undoubted Heire and as much as in them lies have subverted the Monarchicall Government of the Land and consequently all Monarchicall Lawes whereof the Stat. of Treasons for Leavying Warre against the Kings Majesty is one and therefore Morrice under a Free-State ought not to be condemned or tried upon any Monarchicall Law So Morrice was found guilty by a Iury for that purpose And an illegall president begun to cut off whom the Faction pleaseth under a pretence forme of Law without help of a Councell of Warre or a private Slaughter-house or a Midnight-Coach guarded with Souldiers to Tyborne These Usurpers have got the old tyrannicall trick To rule the People by the Lawes but first to over-rule the Lawes by their Lawyers and therefore Vt rei innocentes pereant fiunt nocentes judices that true men may goe to the gallowes Thieves must sit on the bench but silent Leges inter arma and now silet Iustitia inter Leges silet Ius inter Iudices the mungrell hypocriticall three-headed conquest we live under hath dispoiled justice of her ballance Three-headed consisting of 1. Councell of Warre 2.
Int rest and Party The more subtile Independent knevv the King vvould not nor could not take it and therefore complied vvith the Presbyterians in obtruding it upon him to breake off the Treaty many things in the Covenant vvere vaine in the Person of His Majesty as that He should sweare to maintain His owne Person c. vvhich the lavv of nature binds him to vvithout an Oath vvhich in this case is idle and a prophaning of Gods name some things in the Oath vvere contradictory to vvhat the Parliaments Propositions desired of him as to maintaine His owne Authority in defence of Religon Lawes and Liberties vvhich vvas impossible for Him to doe unlesse he kept the Militia in his ovvne hands and his Negative Voice also vvhich that clause in the Bill of Militia That all Bills for leavying Forces should have the povver of Acts of Parliament without the Royall Assent c. vvould have deprived him of by making their Ordinances Acts of Parliament in effect binding to the Persons and Estates of the People in an Arbitrary vvay to their utter enslaving To sweare to Abolish Bishops c. vvas against his Coronation Oath To sweare to extirpate Heresies Schismes c. is more then the Independents vvould permit To sweare to maintaine the Vnion between the two Nations vvhich the Parliament declare already to be broken by the Scots Invasion is vaine besides hovv unjust a thing vvas it to impose that Oath upon the King vvhen most Members of the Parliament Army and others are left at large not to take it The Parliaments Demands That the King should declare against the Marquesse of Ormonds proceedings to unite all the Interests of Ireland for the service of his Majesty vvas no part of the Propositions upon vvhich the Treaty vvas begun but a subsequent request upon an emergent occasion and therefore I see no reason vvhy the King should have given any Ansvver to it but onely have held himselfe to the originall Propositions yet he did Ansvver That the whole businesse of Ireland was included in the Treaty and therefore a happy Agreement thereupon would set an end to all differences there vvhich being voted unsatisfactory and moved that a new Declaration might be published against him the King vvas inforced to put a stand to the Marquesses proceedings by his Letter to his great prejudice yet these Declarers against him do novv comply vvith Ovven Roe Oneale and have entertained O Realy the Popes Irish-Vicar-generall in England to negotiate for the Irish massacring Rebels vvith the Parliament These things considered prove vvhat I find in our late King Charles the 1. most excellent Booke Chap. 18. That it is a Maxime to those that are Enemies to peace to aske something which in Reason and Honour must be denied that they might have some colour to refuse all the rest that is granted More observations upon this unlucky Treaty I vvill not trouble my Reader vvith these being enough to shevv the vanity of those Propositions by these he may take a scantling of the rest ex pede Herculem I cannot but blame the indiscretion if not the indisposition of those Commissioners vvho cavilled avvay so much time in the Treaty 17. Iones complaines by Letters that Ireland was like to be lost untill Cromwell had done his vvorke in the North and marched up to Tovvne to make the Treaty ineffectuall About the latter end of Octob. 1648. Col. Iones sent vvhining Letters from Dublin to the Steers-men at Darby-house complaining that all Ireland vvas like to unite and prosecute the Kings Interest and therefore he cried for help but neither the said Committee in their consultations nor the Army in execution of vvhat vvas resolved could agree amongst themselves the Engrossers and Monopolizers of Olygarchy into a fevv hands desiring to make themselves a corporation of Tyrants suspect an opposition from the Levellers and vvould faine turne them out of the Kingdome into Ireland to seek their fortunes and practice their Levelling Principles in a strange Land The Levellers more numerous in the Army though lesse numerous in the said Committee straine courtesie vvith their Betters and vvould have them goe first thinking the seeds of liberty and equality vvill prosper better in the soyle and ayre of England VVhile they vvere disputing if Marquesse Ormond had been acting as he had been had not the King been necessitated to retard him by his said Letters sent from the Isle of VVight during the Treaty the King had recovered that Kingdome intirely to himselfe vvhich had been of great advantage to him The 20. Novemb. 1648. Col. Evvers 18. The Remonst of the Army to he House of Commons Nov. 20 1648. vvith seven or eight Officers more presented at the House of Commons Barre a thing called by those that use to miscall things An humble Remonstrance of the Army it is founded upon these five Anarchicall Principles 1. That themselves and their faction onely vvhom they call exclusively the VVel-affected Godly Honest Party the Saints are the People of England all the rest but Philistins Amorites or at the best but Gibeonites 2. That their Interest onely is the publique Interest of the People 3. That thè People that is themselves are the onely competent Iudges of the Peoples safety contrary to the Lavves and practice of all Nations vvhich bestovv that prerogative onely upon the Supreme Magistrate but it may be here lies hid another subsequent principle That they are the Supreme Magistrate armed vvith Supreme Authority as vvell as vvith their Svvords and hereupon they as good as tell the House That if their supposed dangers be not removed and those remedies vvhich they Remonstrate admitted they shall make such appeale to God that is their Svvord as formerly they have done 4. Principle is consequentiall to the 3. That they may drive on their Designe upon pretence of necessity self-preservation honest intentions providence or revelation against all Powers Formes of Government and Lawes what soever under colour of that much abused Maxime Salus Populi Supremae Lex esto the safety of the People is the Supreme Lavv vvhich hath been the fruitfull Mother of many Rebellions in all Ages to serve the corrupt ends of ambitious Persons vvho usually fish in troubled vvaters to attaine to those ends vvhich they could never arrive at in setled Governments This is a Principle or nevv light discovered by Maior Huntington That it is lawfull to passe through any formes of Government for accomplishment of their ends and therefore either to purge the Houses and support the remaining Party by power everlastingly or put a period to them by force and themselves imply as much in this Remonstrance p. 45 saying It cannot be safe to accommodtae vvith the King because if He returne and this Parliament continue long and unlimited He vvill make a Party amongst them He hath bid faire for it among the Commons already and the Lords are his ovvne out of Question and therefore vve dare not trust
their liberty and subjected to him and then God who only hath power of life death invests the King with power to be the Minister of God to execute vengeance not bearing the Sword in vain Rom 13. See Dr. Hammonds Letter to the L. Fairfax Ian. 5. 1648. Saint Peter bids us Submit to every ordinance of man for the Lords sake vvhether 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 vvill according to their 4th Antimonarchicall Principle make the giddy ignorant tumultuous many-headed multitude Iudges of their King and make the confused Rabble his Superiours thereby setting up tvvo Superiours one contradictory to the other and so turn the Kingly Government into a popular Military Government abolish our Lavves and leave all to the povver of the Svvord in an Arbitrary vvay to carry on their designe to vvhich purpose they have lately caused their Iourney-men the present House of Commons to Vote contrary to our knovvne Lavves That the Supreme Authority of this Nation is in the People of England and therefore in themselves as their Representative This is a 6. Anarchicall Principle of the Army and their Party vvho vvanting reason to prove it assert it by the Authority of their Mock-Parliament and must novv make it good by the Svvord to justifie their proceedings against the King and People These popular principles are meer empty notions vvhereby the Grandees dravv the Supreme Authority thorovv 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 enjoying the fruits of their labours their goods possessions estates and their personall liberty according to the knovvne Lavves of the Land VVhen Harry Martyn in Berksh forbade the People to stand bare at the Sessions and doe homage and fealty to their Lords he gulled them and gave them that vvhich vvas not their due to rob them of that vvhich vvas their due their Horses Goods Money plundered from them for service of the State forsooth and beat them that defended their ovvn so that vvhile 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 fevv covetous ambitious men that desire to bring the King to capitall punishment and subvert our fundamentall Government and Lavves that have usurped the povver of the Kingdome into the hands of their Faction and novv require this to keep themselves from being called to account The second demand tends to Dis-inherit his Posterity viz. That the Prince and Duke of Yorke come in by a day appointed and acquite themselves of their capitall Delinquency or else to be Declared incapable of Government and to die without mercy if afterwards found in the Kingdome this Summons is but to insinuate their guilt if they refuse to appeare as reason tells us they must and vvill This is to shut the dore 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 ovvne 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 nevv erected Committee of State the hogen mogens at VVhite-hall Thus you see having removed out of the vvay the King the first and most visible legall Authority they vvil novv put dovvne the Parliament the second visible Authority of England vvho are novv the onely Bulvvarke against the Tyranny of the Svvord and then as Major VVhite said at Putney long since there vvil be no visible Authority left in England but the povver of the Svvord vvich vvil introduce a nevv Parliament or rather fantasticall nevv invented Representative destructive to Parliaments all of their ovvne Creatures as appeares by their next Proposition concerning succession of Parliaments 2. That none shall be capable of Electing This is so exdlained by the Moderate one of the raling Pen men of the faction who hath a large share in the 500. or 600 l. a yeare allowed to these Pamphletiers for divulging State lies and slanders amongst the People who from Novemb. 14. to Novemb. 21. 1648. Number 19. defineth the People of England to be onely such as have not engaged for the King and such as shal signe to the Agreement of the People vvhich is to be above Law and all the rest are to be Disfranchised or being Elected that have engaged against the publique Interest that is the Interest of them and their Party as appeares by their 5. Anarchicall Principles in the beginning of this Paragraph nor any that oppose this Agreement By vvhat Authority but the arbitrary svvay of the Svvord shall Free-men be Disfranchised and lose their Birth-rights for not changing the fundamentals of Parliaments Government and Lavv and yeilding them up to the lusts of an Army of Rebels that bragge they have Conquered the Kingdome and vve are their Slaves 3 That Elections may be so distributed as to render the House of Commons a Representtative of the vvhole People that is tagge and ragge and Canting Beggers vvho have nothing to give or lose as vvell as Free-holders so farevvel VVrits of Summons and all orderly legall formes if all men vvithout any distinction may Elect and be Elected all vvill fall into confusion the Rabble vvill never agree all things vvill tend to Riots and Tumults so that the better and soberer sort vvill and must forbeare and leave all in the hands of the Rascallity and at last no Representative vvill be chosen or such an one as the People vvill be ashamed to ovvne and vvill desert them and leave them to be ordered at the pleasure of the Army 4. Prop. That our Kings hereafter may be Elective and disclaime a Negative Voice hovv frequent Civill VVarres are in all Elective Kingdomes during the interregnum or space betvveen the death of the old and choice of the nevv King hovv obnoxious to the Souldiery let the old Emperours of Rome those later of Germany the Kingdome of Poland heretofore Bohemia and Hungary tell all Histories are full of examples yet if our Elective Kings shall have neither the Militia nor a Negative Voice in Councels and the Crovvne Revenues be othervvise disposed of as is inferred and their Heads exposed to the humours ol the People or their Representative
these Propositions were not sent to His Majesty as Bills to be passed in Terminis without debate but as Propositions to be personlly Treated upon as the Votes of both Houses and the Instructions of their Gommissioners prove novv it is against the nature of all Treaties Personall to tie up the Parties of either side so precisely that they shall have no liberty to vary in any circumstance or particular so that if all be not precisely granted the Condescentions shall not be satisfactory though all just things are yeilded to as appeares by all Treaties betvveen Nation and Nation vvhere their first demands are never fully granted but alvvaies qualified and limited if not diminished the rule being Iniquum petas ut justum feras so in all Treaties betvveen Enemies Party and Party see Mr. Pryn's said Speech Decemb. 4. 1648. vvhere to avoid cavils he vvaves this equivocall Question and propunds the Question anevv in these tearmes VVhether the Kings finall Answers to the Propositions of both Houses in this Treaty considered all together be not so full and satisfactory in themselves that this House may and ought accept of and proceed upon them for the speedy setlement of a safe and vvell-grounded Peace both in Church and Cowmon-wealth rather than reject them as unsatis factory anâ— so hazard the losse of all and the perpetuating of our VVars and miseries This he held in the Affirmative vvith so many strong and solid Reasons Arguments and Presidents both out of Diâ—inity Lavv History and policy and vvith so cleare a confutation of the opposite Arguments that no man tooke up the Bucklers against him to refute him the Arguments are too many and too long to be here repeated Nor doe I love to abridge that vvhich hath little or nothing in it superfluous or to make that short-lined by epitomizing it such is the lazinesse of men to preferre Epitomies before Large vvorks vvhich I desire should be long-lined and passe through many hands This Debate lasted untill Tuesday morning 5. Decemb. eight of the clock the Independents hoping to tyre out and frigh avvay the moderate men and then it vvas Resolved upon the Question notvvithstanding the terrors and menaces of the Army That the Ansvvers of the King to the Propositions of both Houses are a ground for the Houses to Proceed upon for the setlement of the peace of the Kingdome It vvas carried Affirmatively by 140 Voices against 104. that this Question should be put and the Question it selfe vvas carried cleerly Affirmative vvithout deviding the House presently after this House appointed a Committee of 6. Members to attend the Generall to conferre vvith him and his Officers and keep a good correspondency betvveen the House and the Army vvho had so much surly pride and so little manners as to give them leave to take a nap of three or foure hovvers long after their Nights vvatching before admittance and at last dismissed them vvith this churlish Ansvver That the way to correspond was to comply with the Armies Remonstrance The House adjourned untill VVednesday follovving VVednesday Decemb. 6. 1648. 23. The Armies treasonable violence upon the House in securing and secluding their Members The Saints militant being enraged that the House had recovered so much courage honesty as to Vote according to their Consciences and neglect their vvild Remonstrance and threatning Declaration after some private conference in the morning betvveen Pride Hewson other Officers and the Speaker in VVestminster-hall vvith the dores shut they sent to the House of Commons a Paper requiring that the Impeached Members and M. G. Brovvne vvho they belied to have called in Hamilton might be secured brought to justice and that the 90. and odde Members who refused to Vote against the late Scotish Engagement and all that Voted for recalling the 4. Votes for Non-Addresses and Voted for a Treaty and concurred in Yesterdaies Vote That the Kings Concessions were a Ground for the House to proceed to a Setlement may be immediately suspend the House and that all such faithfull Members who are innocent of these Votes would by Proâ—estation acquit themselves from any concurrence in them that they may be distinguished This is to subvert the foundation of Parliaments and appeale to the judgement of the many-headed multitude vvithout dores and put all into Tumults You see vvhat kind of Parliament the Kingdome hath had ever since the Army Rebelled and Refused to Disband a meer Free-schoole vvhere Cromwell is Head-school-master Ireton Vsher and that cypher Fairfax a Prepositor surely these men are either the supreme Iudges or the supreme Rebels and Tyrants of the Kingdome This Paper vvas delivered in but they scorning to stay for an Ansvver by advice of their Independent Grandees of the Iunto upon VVednesday morning Decemb. 6. 1648. Sent tvvo or three Regiments of Horse and Foot to VVestminster set strong Guards at the Houses dores the Lobby staires and at every dore leading tovvards the House admitting none but Parliament men to enter VVestminster-hall vvhere Col. Pride Col. Hewson and Hardres waller sometimes a Cavalier then a violent Presbyterian and novv a tyrannicall Independent violently seized upon divers Knights and Burgesses upon the Parliament staires and elsvvhere going to the House and forcibly carried them avvay Prisoners to the Queens Court vvithout any vvarrant shevved or cause assigned and there set strict Guards upon them M. Edward Stephens and Col. Birche being in the House of Commons vvere called forth by feigned Messages sent in by some Officers under other Mens Names and there violently pulled out of the dore though they called to the Speaker to take notice of the force The House sent the Sergeant of the Mace to command the Imprisoned Members attendance but the Guards vvould not let them come A second time the Sergeant vvas sent vvith his Mace upon the same Errand but Col. Pride in the Lobby vvould not let him passe vvhich contempt vvas entred in the Iournall Booke Hereupon the House concluded not to proceed in businesse untill their Members vvere restored and sent to the Generall about it yet aftervvards vvhen the Officers had severall dayes secured secluded and frighted avvay more of the Members and made the House a Conventicle of their ovvne complexion then the House prevaricated and deserted their Members About three of the clock afternoone Hugh Peters vvith a Svvord by his side but not the svvord of Saint Peter came into the Queens Court to take a List of the Prisoners Names by order from the Generall as he said vvhere being demanded by vvhat Authority they were Imprisoned he Ansvvered By the power of the Sword Night being come the Imprisoned Members 41. in number vvere conveyed avvay to a Victualling House called HELL and there kept all Night vvithout Beds or any fitting accommodation vvhen it grevv late some of them had offers made them to go upon their Parolls to their ovvne Lodgings and to appeare the next morning at VVhite-hall but this vvas but a
Clotworthy Major Gen Massey and M. Lionell Copley Members of the House of Commons That he had Orders from the Lord Generall and Councell of the Army to remove them from the other Prisoners to S. Iames's They replied to him That they desidered to see his Orders the Marshall Ansvvered Thy were onely verball but the Gentlemen insisting to see a VVarrant for their remove the Marshall vvent to the Generall and from him about six a clock brought an Order a true Copie of vvhich follovves viz YOu are upon sight hereof to remove Sir Will Waller Sir Iohn Clotworthy Major Generall Massey and Colonel Copley from the Kings-head Inne vvhere they are novv in Custody to Saint Iames's and for so doing this shall be your Warrant Given under my hand Decemb. 12. 1648. To Marshall Generall Lavvrence T Fairfax This Order being shevved unto the foresaid Gentlemen S. VVilliam VValler produced a Paper desiring that the same might be presented to the Generall vvhich Marshall Lawrence refused to receive upon vvhich the said Sir VVilliam VValler and the other three Gentlemen desired the said Marshall and all the Gentlemen there present to attend and vvitnesse to that Protestation vvhich they did there make in behalfe of themselves and all the Commons Free-borne Subjects of England so vvith a distinct and audible voice read their Protestation as follovveth WE whose Names are hereunto subscribed being Members of the House of Commons and Free-men of England doe hereby Declare and protest before God Angels and Men That the Generall and Officers of the Army being raised by the Authority of Parliament and for defence and maintenance of the Priviledges thereof have not or ought to have any power or jurisdiction to apprehend secure deteine imprison or remove our Persons from place to place by any colour or authority whatsoever nor yet to question or trie us or any of us by Martiall Law or ortherwise for any offence or crime whatsoever which can or shall be objected against us And that the present Imprisonment and removall of our Persons is a high violation of the Rights and Priviledges of Parliament and of the Fundamentall Lawes of the Land and a higher usurpation and exercise of an Arbitrary and unlawfull power then hath been heretofore pretended to or attempted by this or any King or other power whatsoever within this Realme notwithstanding which VVe and every of us doe Declare our readinesse to submit our selves to the Legall triall of a Free Parliament for any crime or misdemeanour that can or shall be objected against us In vvitnesse vvhereof vve have hereto subscribed our Names the 12. of December 1648. At the Kings-head in the Strand VVilliam VValler Iohn Clotworthy Edward Massey Lionell Copley About this time Mr. Pelham Mr. Lane Mr. Vaughan 34. Foure secured Members discharged Sir Simon Dewes Members secured vvere set at liberty vvithout any engagement although at first it vvas demanded they should engage not to attempt any thing against the present actings of this Parliament and Army vvhich they refused About Decemb. 11. 1648. 35. The Agreement of the People published and Answered vvas delivered into the vvorld a monstrous Beggers Brat called The Agreement of the People It is very judiciously Ansvvered by Mr. VVilliam Ashurst all the Contents thereof is in the Remonstrance of the Army 20. Nov. 1648. vvhereof I have spoken already 1. It proposeth That the People that is some small part of the People the Army and their faction vvithout any colour of Lavv or Right should agree together to take away finally the present Government by King Lords and Commons vvhich the Kings Party heretofore charged upon the Parliament as their Designe for vvhich they fought vvhereupon the Parliament to vindicate hemselves published many Declaratione and passed sundry Votes That they would not alter the Government by King Lords and Commons it also takes avvay the legall right from Burroughs to chuse members of Parliament this admitted they may as vvell conspire to take avvay any Lavv or any mans Life or Estate by vvhich rule vve could enjoy nothing but at the vvill of any number of men that shall call themselves The People And upon the same ground that those that shall subscribe this Agreement may call themselves the People may those that shall refuse to subscribe call themselves the People and upon farre better grounds as being farre the more numerous and standing for defence of those auntient Lavves vvhich doe constitute the People and Common-vvealth of England vvhich vvill breed infinite confusions and divisions and vvhat those that call themselves the People novv agree to they may alter upon the next change of humour or interest 2. The inconveniences of the present Government have not yet been plainly discovered nor no Triall hath been made by the present knovvne legall povver of England vvhether those inconveniences may not be removed vvithout subverting the present Government and introducing so totall a change as vvill be very dangerous and grivous to all sorts and conditions of men 3. In the Protestation May 5. 1641. and the Covenant Septemb. 27. 1643. vve are bound to defend Parliaments and to oppose and bring to punishment all such as shall endeavour the subversion of Parliaments vvhich this Agreement cleerly doth 4. This Agreement encroacheth desperately upon the liberty of the people of England in the Election of this Representative depriving them that have constantly adhered to this Parliament as vvel as the Kings party if they cannot in conscience subscribe it from Electing or being Elected yet they shall have Lavves and Taxes imposed upon them by Subscribers vvho are the least and the least considerable party of the Kingdome and upon vvhom they conferre no trust vvhich is to disfranchise the Nonsubscribers and reduce them to the condition of Conquered Slaves It is a knovvne Maxime in Lavv Quod omnes tangit ab omnibus tractari debet vvhat concernes all men must be debated and agreed to by all men either personally or representatively 5. It vvill raise factions and feudes betvveen the Subscribers and Non-subscribers of the Parliament party 6. It takes avvay Magistracy and Government not onely by placing such a Supreme povver over them as is disputable nay apparently illegall But by making the heady multitude the People supreme Iudges over the said Representative for although it inflicts the penalty of death upon the Resisters of their Orders yet is vvith this salvo except such Representative shall expresly violate this Agreement vvhich makes every man or number of men that shall get povver into their hands Iudges of it nor is there any other Iudge designed and if there vvere vvho shall judge that Iudge sic in infinitum the legall supreme Trust of all publique interests being taken avvay our vagabond thoughts vvander in a circle not knovving vvhere to repose our trust all Iudges all Councels may erre but the rascall multitude are the very sinke of errors and corruptions If therefore the Supreme the
to his Officers to know what they had against him Who it seemes act all things without his privity and steere all the Armies present counsels and designes according to their absolute wills The publique Declaration and Protestation of William Pryn of Lincolnes Iune Esquire Against his present Restraint and the present destructive Councels and Iesuiticall proceedings of the Generall Officers and Army I William Pryn a Member of the House of Commons and Free-man of England who have formerly suffer'd 8. years Imprisonment four of them close three in exile three Pillories the losse of my Eares Calling Estate for the vindicating of the Subjects just Rights and Liberties against the arbitrary tyranny and injustice of King and Prelats and defence of the Protestant Religion here established spent most of my strength and studies in asserting the Peoples just freedome and the power and priviledges of Parliament against all Opposers and never received one farthing by way of damages gift or recompence or the smallest benefit or preferment whatsoever for all my sufferings and publick services Doe here solemely declare before the most just and righteous God of Heaven and Earth the Searcher of all hearts the whole Kingdome English Nation and the World that having according to the best of my skill and judgment faithfully discharged my trust and duty in the Commons House upon reall grounds of Religion Conscience Iustice Law prudence and right reason for the speedy and effectuall setlement of the peace and safety of our three distracted bleeding dying Kingdomes on Monday Dec. 4. I was on Wednesday morning following the 6 of this instant going to the House to discharge my duty on the Parliament staires next the Commons dore forcibly seized upon by Col. Pride Sir Hardresse Waller and other Officers of the Army who had then beset the House with strong Guards and whole Reg of Horse and Foot haled violently thence into the Queens Court notwithstanding my Protestation of breach of priviledge both as a Member and a Freeman by a meere usurped tyrannicall power without any lawfull Authority or cause assigned and there forcibly detained Prisoner with other Members there restained by them notwithstanding the Houses double demand of my present enlargement to attend its service by the Sergeant and that night contrary to faith and promise carried Prisoner to Hell and there shut up all night with 40. other Members without any lodging or other accommodations contrary to the known Priviledges of Parl. the fundamentall Laws of the Realm and liberty of the Subject which both Houses the 3. Kingdoms the Generall with all Officers and Soldiers of the Army are by soleme Covenant and duty obliged inviolably to maintaine Since which I have without any lawfull power or authority been removed and kept Prisoner in severall places put to great expences debarred the liberty of my Person calling and denied that hereditary freedome which belongs to me of right both as a Free-man a Member an eminent sufferer for the publike a Christian by these who have not the least shadow of authority or justice to restraine me and never yet objected the least cause for this my unjust restraint I do therefore hereby publickly protest against all these their proceedings as the highest usurpation of an arbitrary and tyrannicall power the greatest breach of faith trust Covenant priviledges of Parliam and most dangerous encroachment on the Subjects liberties and Law of the Land ever practised in this Kingdome by any King or Tyrant especially by pretended Saints who hold forth nothing but justice righteousnesse liberty of conscience and publick freedome in all their Remonstrances whiles they are triumphantly trampling them all under their armed iron feet And doe further hereby appeal to and summon them before all the Tribunals and powers in heaven and earth for exemplary justice against them who cry out so much for it against others lesse tyrannicall oppressive unjust and fedifragus to God and men than themselves And doe moreover remonstrate that all their present exorbitant actings against the King Parl. present Government their new modled Representative are nothing else but the designs projects of Iesuits Popish Priests and Recusants who bear chief sway in their Councels to destroy and subvert our Religion Lawes Liberties Government Magistracy Ministry the present and all future Parl. the King his Posterity and our 3. Kingdomes yea the Generall Officers and Army themselves and that with speedy and inevitable certainty to betray them all to our forraigne Popish Enemies and give a just occasion to the Prince and Duke now in the Papists power to alter their Religion and engage them and all forraigne Princes and Estates to exert all their power to suppresse and extirpate the Protestant Religion and Professors of it through all the world which these unchristian scandalous treacherous rebellious tyrannicall Iesuiticall disloyall bloudy present Counsels and exorbitances of this Army of Saints so much pretending to piety and justice have so deeply wounded scandalized and rendred detestable to all pious carnall morall men of all conditions All which I am and shall alwaies be ready to make good before God Angels Men and our whole three Kingdomes in a free and full Parliament upon all just occasions and seale the truth of it with the last drop of my dearest bloud In witnesse whereof I have hereunto subscribed my Name at the Signe of the Kings-head in the Strand Decemb. 26. 1648. William Pryn. 51. The Councell of War forbid all state and ceremony to the King From Dec. 25. to 1. Ianuary Num. 283. 27. Decemb. The Councell of Warre who manage the businesse in relation to the King saith the Diurnall ordered That all state and ceremony should be forborne to the King and his Attendants lessened to mortifie him by degrees and worke Him to their desires 52. Cromwels Sp. in the Ho when it was first propounded to trie the King When it was first moved in the House of Commons to proceed capitally against the King Cromwell stood up and told them That if any man moved this upon designe he should thinke him the greatest Traytour in the world but since providence and necessity had cast them upon it he should pray God to blesse their Councels though he were not provided on the sudaine to give them counsel this blessing of his proved a curse to the King 53. The Ordinance for electing Com Councel men confirmed 28. Decemb. was brought into and read in the House an Ordinance explaining the former Ordinance for electing Common-Councel-men which confirmed the former Ordinance It was referred back againe to the said Committee to consider of taking away the illegall as they please to miscall them Oathes of Allegiance Supremacy and other Oathes usually administred to Officers Free-men c. of the City The 28. Decemb. Tho Scot brought in the Ordinance for Triall of the King it was read and recommitted three severall times 54. The Ordinance for Triall of His Majesty passed
1647. they say We clearly professe we doe not see how there can be any peace to this Kingdome firme and lasting without a due consideration of and provision for the Rights quiet and immunities of His Majesties Royall Family and His late Partakers now they judge the majority of the House corrupt for moving one step towards a peace with the King The Parliam thought it not reasonaâ—le the King should be sole Iudge of publick necessity in case of Ship-mony Return to sect is where I set downe 6. of their Principles though He hath now granted more to them then all the Armies Proposals then demanded of Him Thus they make this generall plea of necessity serve to justifie the considerations which they are put to by making themselves Judges of those things they have no calling to meddle with for by what Authority are they Judges of publique Necessity 2. This Principle Necessity is destructive to all Government for as the Generall Officer urgeth necessity for acting against the commands and Persons of his Superiours and arrogates to be Judge of that Necessity the Inferiour may urge the same Necessity in his judgement to act against the commands of his Generall The Souldiers gainst their Officers any other 20000. men in this Kingdome against this Army and this Army as against this Parliament so against any other Representative or Government and so in infinitum 3. The Commons in Parliament are not accountable for the use of their trust to any but the House The Commons have their Authority from the VVrit of Election though their electioÌ„ from the people See the VVrit Crompton's Iurisdict of Courts Tit Parliament being Trustees of the People not by Delegation but by translation all the power of the people being transferred to them for advising votinq assenting according to their judgments not according to the judgments of those that sent them for otherwise the parties electing and those elected differing in judgement one might protest against what the other had done and so make void all Acts of Parliament But if their Acts were valid or void at the Electors judgements yet were the Members onely accountable to them that sent them not to Strangers and in no case to the Army who are themselves but in subordinate trust to the Parliament for their defence 4. This violence upon the Members is not onely contrary to the Armies trust but against their Covenant and Protestation the breach whereof being a morrall evill cannot be made good by honest intentions and necessity The particulars of the said Generall Officers Answer upon which this pretended Necessity is grounded are six but we must first take notice what is said from the end of the 2. pag. to the end of the 5. before we enter upon them the summe is That by the endevors of some old Malignant Members In all nevv Elections there were 2. IndepeÌ„dents chosen for one of any other principles IndepeÌ„dents vvere theÌ„ Commissioners for the Great Seale â—â—d livered VVrits to men of their ovvne Party vvho had the advâ—ntage to keep them and chuse their ovvne time to deliver them and Souldiers under colour of keeping the peace became great Sticklers in Elections and by practises used in new Elections there came in a floud of new Burgesses that either are Malignant or Neuters To this we say what is done by the majority is the Act of the whole House and what is done against the majority is done against the whole House nor was the Ordinance for New Elections carried on by old Malignants unlesse the major part of the House were alwaies such before the new Elections It is not hard to shew that many of the Officers of the Army came in upon the last Elections where chosen by those places where they are scarce known upon what influence therefore they came in let the world judge And now for the said 6. particulars objected The Army betrayed Ireland by their disobedience They vvould neither go for Ireland themselves nor suffer others to go 1. part sect 16. 55.57 1. The betraying of Ireland into the Enemies hands by recalling the Lord Lysle from his command there and putting the best part of the said Kingdome and where the Parliament had the strongest footing Munster into the hands of Inchiquine a Natavi Irish who hath since Revolted from the Parliament hath lately united with the Irish Rebels and with them and Ormond for the King To this we say the Lord Inchiquine came in and brought Munster to the Parliament and preserved their Interest in Ireland in all the heat of their Warres in England when they had little other Interest there This Lo vvent late carried over 160000 l. for vvhich he hath not yet accounted began a quarrell vvith In hiquine put him into discontent then returned See the Irish Letters Papers to the House in print and lesse meanes to relieve them the Lord Lysle was not recalled from his Command there but his Commission for Lord Lieutenant expiring 15. April 1647. on the 17. April he hoysed sayle for England after the Lord Lysles returne for England the Lord Inchiquine did gallant service against the Rebels tooke many strong Holds from them and won the Battle of Knocke-knowes one of the greatest that ever was gotten of the Rebels The House therefore approved of his behaviour untill 3. April 1648. when the Army having led the way the Lord Inchiquine taking distast thereat by way of imitation began to enter into Engagements and Remonstrances against the Parliament as it was then constituded for which he made the Remonstrances Engagements and Declarations of the Army the Summer before both the cause and precedent as by the printed Relation doth appeare 2. Their endeavours to bring in the King upon His owne Tearms without satisfaction and security to the Kingdome viz upon His Message of the 12. of May 1647. and to this end to Disband this Army before any peace made or assured To this we say the House of Commons upon the first notice thereof voted the said Engagement of the 12. of May Treasonable by Ordinance 17. Decemb 1647. put an incapaciti upon such Citizens as had any hand in it which evidenceth we were here in a right majority as in other parts of their Paper they take the Votes of the House to prove us a corrupt majority The charge here lying in generall and not fixed upon any particular Concerning Disbanding the Army we say the House voted 8. Regiments of Foot 4. of Horse and 1. of Dragoones to be sent out of the Army for Ireland and resolved to keep 10000. Foot and 5400. Horse under Command of the Lord Fairfax for defence of England This was 1. For Relieving Ireland 2. For easing the heavy pressures of the poor People in England And 3. an honourable employment for the Forces of the Army to prevent such higst distempers as have since ensued 3. That they endeavoured to
from those their treasonable practises and tyrannicall usurpations which We cordially desire and entreat them by all obligations of love and respect they have to God Religion their King Country and Posterity timely to doe We doe hereby denounce and declare them to be Traytors and publique Enemies both to the King and Kingdome and shall esteem and prosecute them with all their wilfull Adherents and voluntary Assistants as such and endeavour to bring them to speedy and condigne Punishment according to the Solemne League and Covenant wherein We trust the whole Kingdome all those for whom We serve and the Lord of Hosts himself to whom We have sworne and lifted up our hands hearts and fervent prayers will be aiding and assisting to us and all our Brethren of Scotland and Ireland who are united and conjoyned with us in Covenant to our GOD and Allegiance to our Soveraigne King CHARLES the Second who we trust will make good all His destroyed Fathers Concessions which really concerne our peace or safety and secure Us against all force and tyranny of our Fellow-subjects who now contrary to their Trusts and former Engagements endeavour by the meer power of that Sword which was purposely raised for the protection of our Persons Government Religion Laws Liberties the KING 's Royall Person and Posterity and the Priviledges of Perliament to Lord it over Us at their pleasure and enthrall and enslave Us to their armed violence and lawlesse martiall wills which we can no longer tolerate nor undergoe after so long fruitlesse and abused patience in hope of their repentance 109. A Paper entituled Foure true Positions c. About the same time came out another Paper entituled ⧠Foure true and considerable Positions for the sitting Menbers the new Cours of Iustice and new Iudges Sheriffs Officers Lawyers Iustices and others to ruminate upon 1. THat the whole House of Commons in no Age had any Power Right or Lawfull Authority to make any Valid or binding Act or Ordinance of Parliament or to impose any Tax Oath Forfeiture or capitall punishment upon any Person or Free-man of this Realme without the Lords or Kings concurrent assents much lesse then can a small remnant onely of the Members of that House doe it sitting under an armed force which nulls and vacates all their Votes and procedings as the Ordinance of 20. August 1647. declares whilst most of their Fellow-Members are forcibly detained and driven thence as Mr. St. Iohn proves in his Speech concerning Ship-mony p. 33. and in his Argument concerning the Earle of Strafford's Attainder p. 70. 71. 76. 77. 78. and Sir Edw. Coke in his 4. Instit c. 1. 2. That the few Members now sitting in and the House of Commons being no Court of Iustice of it selfe and having no power to heare and determine any civill or criminall Causes nor to give an Oath in any case whatsoever cannot by the Lawes and Statutes of the Realm nor by any pretext of authority whatsoever erect any new Court of Iustice nor give power or authority to any new Iudges Iustices or Commissioners to arraigne trie condemn or execute any Subject of meanest quality for any reall or pretended crime whatsoever much lesse their owne Soveraigne Lord the King or any Peers of this Realme who ought to be tried by their Peers and by the Law of the Land alone and not otherwise And that the condemning and executing the King or any Peere or other Subject by pretext of such an illegall Authority is no lesse than High Treason and wilfull Murther both in the Members the Commissioners Iudges or Iustices giving and executing Sentence of Death in any such arbitrary and lawlesse void Court or by vertue of any such void illegall Commissions 3. That the House of Commons and Members now sitting have no power nor authority to make or alter the Great Seale of England or grant any Commissions to any Commissioners Iudges Sheriffs Justices of the Peace or any other That all the Commissions granted by them under their New or any other Seale are meerly void illegall and all the new Writs and proceedings in Law or Equity before any Iudges Iustices Sheriffs or other Officers made by them meerly void in Law to all intents coram non judice 4. That the deniall of the KING's Title to the Crowne and plotting the meanes to deprive Him of it or to set it upon anothers Head is High Treason within the Stature of 25. Ed. 3. ch 2. And that the endeavouring to subvert the Fundamentall Lawes and Government of the Realme of England by King Lords and Commons and to introduce a tyrannicall or arbitrary Government against Law is High Treason at the Common Law especially in Iudges and Lawyers not taken away by any Statute Both which Mr St. Iohn in his Argument at Law concerning the Bil of attainder of high Treason of Tho E. of Strafford published by order of the Com House An. 1641. p. 8. 14. to 33. 64. to 78. And in his Speech at a Conference of both Houses of Parl concerning Ship mony An. 1640. hath proved very fully by many reasons and presidents and Coke in his 7. Report f. 10 11 12. 3. Instit c. 1. That the Commons now sitting in making a new Great Seale without the Kings Jmage or Style in granting new illegall Commissions to Iudges Justices of Peace Sheriffs and other Officers in the name of Custodes Angliae in the generall in omitting and altering the Kings Name Style and Title in Writs Processe Indictments and proceedings at the Common Law and thereby indeavouring to Dis-inherit the Prince now lawfull King by and since his Fathers bloody murther and to alter and subvert the Fundamentall Lawes and Government of the Realme by such Commissions and proceedings and by the power of an Army to enforce them and the Iudges Iustices Sheriffs and other Officers who accept of such Commissions and all those especially Lawyers who voluntarily assist consent and submit to such Commissions and Alterations by such usurped illegall Authority and the Commissioners sitting in the New Courts of Justice are most really guilty of both these high * Whereupon six Judges refused to accept any new Commissions or to act as Iudges Treasons in which there are no Accessories and lesse excusable than Strafford or Canterbury whom some of these new Iudges and sitting Members impeached and prosecuted to death for those very Treasons themselves now act in a more apparent and higher degree than they and in respect of their Oaths Covenant Callings and Places are more obliged to maintaine the Kings Title the Fundamentall Lawes and Government the Rights and Liberties of the Kingdome and Parliament then they and therefore if they persevere therein may justly expect the self-same capitall punishments they underwent if not farre worse especially since they attempt to reduce the antientest Kingdom of all Christendom into the puniest and most contemptible State in all the World and thereby to render us the
for discovery of Truth 4. To Imprison any that shall disobey their Commands and such as they shall Iudge contumacious vvhat novv is become of Magna Charta and the Liberties of the People That no Mans Person shall be Attached or Imprisoned or Dissersed of his Free-hold or Free-customes but by Lawfull Iudgement of his Equalls This Councell of State hath got all Povver into their hands a project long laboured and novv their next motion vvill be pretending ease to the People to Dissolve this Parliament 10. The Petitioners complaine that in order to settle their Tyranny the Councell of Officers insisted upon it That a motion should be made to the House of Commons to enable them to put to death by Martiall Lavv all such as they shall judge by Petitions or othervvise to disturbe the present proceedings vvhether Members of the Army or not And vvhen it vvas urged That the Civill Magistrate should doe it it vvas ansvvered * The saying of Col. Hevvson the one-eyed Cobler See Hunting the Foxes p. 10. They could hang tvventy ere the Magistrate could hang one The prayer of their Petition is 1. That the Self-denying Ordinance be observed 2. That they would consider hovv dangerous it is to continue the Highest Military Commands so long in the same Persons especially acting so long distinct and of themselves as those novv in being have done and in such extraordinary vvaies vvhereunto they have accustomed themselves vvhich vvas the originall of most Tyrannies 3. That they would appoint a Committee of Parliament-men to hear and determine all controversies between Officers and Officers officers and Souldiers To mitigate the rigour of Martiall Law and to provide it be not executed upon any not members of the Army 4. That they will open the Presses 5. That they will dissolve this Councell of State threatning so manifest Tyranny 6. That they will severely punish all such as acting upon any Order Ordinance or Act of Parliament shall exceed the power conferred on them After this 125. A second part of Englands Nevv Chains came forth a second part of Englands new Chaines discovered setting forth the hypocrisie and perfidiousnesse of the Councell of the Army and the Grandees in cheating all Interests King Parliament People Souldiers City Agitators Levellers c. vvhich tells you That the Grandees walke by no principles of honesty or Conscience but as meer Polititians are governed altogether by occasion as they see a possibility of making progresse to their Designes vvhich course of theirs they ever termed A waiting upon Providence that under colour of Religion they might deceive the more securely It tells you their intent is to Garrison all great Tovvns to break the spirits of the People vvith oppression and poverty It farther Declares that these Grandees judge themselves loose vvhen other men are bound all Obligations are to them Transitory and Ceremoniall and that every thing is good and just as it conduceth to their Interests That the Grandees never intended an Agreement of the People but onely to amuse that party vvhilst they hastily set up a Councell of State to establish their tyranny that to prepare the vvay to this they broke the House of Commons tooke avvay the House of Lords removed the King by an extrajudiciall vvay of proceedings and erected such a Court of Iustice as had no place in the English Government That the remainder of the House of Commons is become a meer channell through vvhich is conveyed all the Decrees and Determinations of a private Councell of some fevv Officers All these and the Votes That the Supreme Power is in the People and the Supreme Authority in the Commons their Representative vvere onely in order to their Interests of will and power That they place their security in the divisions of the People That if the present House of Commons should never so little crosse the ambition of these Grandees they vvould shevv no more modesty to them than they have done to the excluded Members See the Hunting of the Foxes c. p. 6 7 8. And so it concludes vvith a Protestation against their breaking the Faith of the Army vvith all Parties their dissolving the Councell of Agitators and usurping a povver of giving forth the sense of the Army against the Parliament and People against their shooting to death â—he Souldier at VVare Returne to sect 2. 5. and their cruelties exercised upon other Persons to the debasing of their Spirits and thereby nevv-moulding the Army to their Designes against their playing fast and loose vvith the King and His Party till they had brought a nevv and dangerous VVarre upon this Nation They also protest against their dissembled Repentances against their late extraordinary proceedings in Bringing the Army upon the City to the ruine of Trade their breaking the House of Commons in pieces vvithout Charging the Members particularly and then judging and taking avvay mens lives in an extraordinary vvay as done for no other end but to make vvay for their ovvne absolute Domination They also protest against the Election and establishment of those High Courts of Iustice as unjust in themselves and of dangerous precedent in time to come as likevvise against the Councell of State and putting some of themselves therein contrary to their ovvne Agreement They also protest against all other the like Meetings of those officers that on Thursday 2. Feb. Voted for so bloody a Lavv as to hang vvhom they should judge disturbed the Army as having no povver either by such Councels to give the sense of the Army or to judge any Person not of the Army or to doe any thing in reference to the Common-vvealth 126. The Hunting of the Foxes from Tryplo and Nevvmarket by 5 small Beagles p. 8. About this time also became publique a pretty Book entituled The Hunting of the Foxes from New-market and Triploe to White-hall by 5 small Beagles vvhich tells you That the Grandee-Officers of the Army to keep the Souldiers quiet did formalize about an Agreement of the People vvhilst they carried on their platforme of absolute tyranny long since hatched by Ireton by erecting a Councell of State no sooner vvas this monster borne but it devoured half the Parliament of England now it is adorning it self with Regall magnificence and majesty of courtly Attendants and like the 30 Tyrants of Athens to head it self over the People this is and yet this is not our new intended King there is a King to succeed this is but his Viceroy O Cromwell whither art thou aspiring the word is already given out amongst their Officers That this Nation must have one prime Magistrate or Ruler over them and that the Generall hath power to make a Law to bind all the Commons of England This was most daringly and desperately avowed at White-hall and to this temper these Court Officers are now a moulding He that runs may read fore-see a new Regality thus by their Machivilian pretences wicked practises
of Commons nay this very Act denounceth slavery and bondage to the Nation and therefore is an Act of the highest tyranny and a snare 158. The Levellers Randezvous in Oxford-shire May 6. 1649. The honest Levellers of the Army for that is the Nick-name vvhich Cromwell falsly and unchristianly hath christned them vvithall Enemies to Arbitrary Government tyranny and oppression vvhether they find it in the Government of one or many vvhether in a Councel of Officers a Councel of State or a fag end of a House of Commons vvhether it vayle it selfe vvith the Title of a Supreme Authority or a Legislative povver drevv together to a Randezvouz about Banbury in Oxfordshire to the number of 4000 or 5000. others resorting to them dayly from other parts This gave an Alarme to our Grandees fearing the dovvnfall of their domination Cromwell not knovving vvhat Party to dravv out against them that vvould be stedfast to him shunned the danger and put his property the Generall upon it to oppose the Randezvouz and looking as vvan as the guilles of a sick Turkey-cock marched forth himselfe VVestvvard to intercept such as drevv to the Randezvouz In the meane time the said Levellers printed and published this ensuing Paper entituled Englands Standard advanced or A Declaration from Mr. VVill Thompson and the oppressed People of this Nation now under his conduct in Oxford-shire Dated at their Randezvouz May 6. 1649. WHereas it is notorious to the whole world that neither the Faith of the Parliament nor yet the Faith of the Army formerly made to the People of this Nation in behalf of their Common Right Freedome and Safety hath been at all observed or made good but both absolutely declined and broken and the People onely served with bare words and faire promising Papers and left utterly destitute of all helpe or delivery And that this hath principally been by the prevalency and treachery of some eminent Persons now domineering over the People is most evident The Solemne Engagement of the Army at New-market and Triploe-heaths by them destroyed the Councell of Agitators dissolved the blood of War shed in time of Peace Petitioners for Common Freedome suppressed by force of Arms and Petitioners abused and terrified the lawfull Triall by 12 sworn Men of the Neighbourhood subverted and denied bloody and tyrannicall Courts called an high Court of Justice and a Councell of State erected the power of the Sword advanced and set in the Seat of the Magistrates the Civill Lawes stopt and subverted and the Military introduced even to the hostile seizure imprisonment tryall sentence and execution of death upon divers of the Free People of this Nation leaving no visible Authority devolving all into a factious Juncto and Councell of State usurping and assuming the name stamp and Authority of Parliament to oppresse torment and vex the People whereby all the lives liberties and estates are all subdued to the Wills of those Men no Law no Justice no Right or Freedome no case of Grievances no removall of unjust barbarous Taxes no regard to the cries and groanes of the poore to be had while utter beggery and famine like a mighty torrent hath broke in upon us and already seized upon severall parts of the Nation Wherefore through an inavoidable necessity no other meanes left under Heaven we are enforced to betake our selves to the Law of Nature to defend and preserve our selves and Native Rights and therefore are resolved as one Man even to the hazard and expence of our lives and fortunes to indeavour the redemption of the Magistracy of England from under the force of the Sword to vindicate the Petition of Right to set the unjustly imprisoned free to relieve the poore and settle this Common-wealth upon the grounds of Common Right Freedome and Safety Be it therefore known to all the free People of England and to the whole world that chusing rather to die for Freedome than live as Slaves We are gathered and associated together upon the bare accompt of English-men with our Swords in our hands to redeem our selves and the Land of our Nativity from slavery and oppression to avenge the blood of War shed in the time of Peace to have justice for the blood of M. Arnold Schot to death at Ware and for the blood of M. Robert Lockyer and divers others who of late by Martiall Law were murthered at London And upon this our Engagement in behalf of the Common-wealth We doe solemnly agree and protest That we will faithfully laying all self respects aside endeavour the actuall reliefe setlement of this distressed Nation And that all the world may know particularly what wee intend and wherein particularly to center and acquiesce for ever not to recede or exceed the least punctilio We do declare from the integrity of our hearts that by the help might of God we will endeavour the absolute setlement of this distracted Nation upon that forme and Method by way of an Agreement of the People tendered as a Peace-offering by Lieut. Colonel John Lilburne Mr. Will Walwyn Mr. Thomas Prince Mr. Rich Overton bearing date May 1. 1649. the which we have annexed to this our Declaration as the Standard of our Engagement thereby owning every part and particular of the Premises of the Agreement promising and resolving to the utmost hazard of our Lives and Abilities to pursue the speedy and full Accomplishment thereof and to our power to protect and defend all such as shall Assent or Adhere thereunto And particularly for the Preservation Deliverance of L. Col. John Lilburne M. Will Walwyn Mr. Thomas Prince Mr. Richard Overton Captaine Bray and Mr. William Sawyer from their barbarous and illegall Imprisonments And wee Declare That if a haire of their heads perish in the hands of those Tyrants that restraine them That if God shall enable us we will avenge it seventy times seven fold upon the heads of the Tyrants themselves and their Creatures And that till such time as by Gods Assistance we have procured to this Nation the Declared purpose of this our Engagement we will not Divide nor Disband nor suffer our selves to be Divided or Disbanded resolving with sobernesse and civility to behave our selves to the Country to wrong nor abuse any man to protect all to our power from violence and oppression in all places where we come resolving to stop the payment of all Taxes or Sessements whatsoever as of Excise Tythes and the Tax of Ninety thousand pounds per mensem And having once obtained a New Representative according to the said Agreement upon such Terms and Limitations therein expressed We shall then freely lay down our Armes and returne to our severall Habitations and Callings And concernings the equity necessity justice of our undertaking We appeale to the judgement of the oppressed betwixt their Destroyers and Vs Whether by the law of God of Nature and Nations it be not equally justifiable in us to engage for the Safety and Deliverance of
this Nation as it was with the Netherlanders and other People for theirs and that upon the same Principles that the Army engaged at New-market and Triploe-heaths both Parliament and Army declaring That it is no resistance of Magistracy to side with just Principles Law of Nature and Nations And that the Souldiery may Lawfully hold the hands of that Generall who will turn his Cannon against his Army on purpose to destroy them The Sea-men the hands of that Pilot who wilfully runs his Ship upon a Rock And therefore the condition of this Commom-wealth considered we cannot see how it can be otherwise esteemed in us And upon that account we Declare that we doe owne and are resolved to owne all such Persons either of the Army or Countries that have already or shall hereafter rise up and stand for the Liberties of England according to the said Agreement of the People And in particular We doe owne avow the late proceedings in Colonel Scroops Col. Harrisons and Major General Skippons Regiments declared in their Resolutions published in print As One Man Resolving to live and die with them in their our just and mutuall defence And we doe implore and invite all such as have any sense of the Bonds and Miseries upon the People any Bowels of Compassion in them any Piety Justice Honour or Courage in their Brests any Affections to the Freedomes of England any love to his Neighbour or Native Country to rise up and come in to help a distressed miserable Nation to breake the Bands of Cruelty Tyranny and Oppression and set the People Free In which Servise Trusting to the undoubted goodnesse of a just and righteous Cause We shall faithfully discharge the utmost of our Endeavours Not sparing the venture of all hardships and hazards whatsoever and leave the Successe to God Signed by me WILLIAM THOMPSON at our Randezvouz in Oxford-shire neer Banbury in behalf of my Self and the Rest Engaged with me May 6. 1649. For a New Parliament By the Agreement of the People About this time Doctor Dorislaus a Civill Lawyer 159. Doct Dorislaus stabbed to death in Holland sometimes Judge Advocate to the Earle of Essex and Lord Fairfax and lately one of the Councell in the High Court of Justice against the KING and the 4. Lords was sent from the Parliament Agent into Holland where about 18. Scots-men repayring to his Lodging 6. of them went up the stayres to his Chamber whilst 12. of them made good the stayre-foot they stabb'd him to death and escaped About the 14. day of May 1649. 160. Hasleriggs barbarous motion to murder ix Royalists of the best quality in revenge of Dorislaus Report was made from the Councell of State to the House of the examination of 3. Servāts of Doctor Dorislaus concerning the Death of their Master what allowances were fit to be given to his Children out of the Kings Revenue thereby to lay an aspertion upon the King as if He having had an influence upon that Fact His Estate must make the recompence notwithstanding Scotish men did the deed in revenge of Hamiltons death Dorislaus had been a poor Schoolmaster in the Low Countries formerly from whence he was translated to read the Histori Lecture at Oxford where he decried Monarchy in his first Lecture was complained of and forgiven by the benignity of the King Then he became Judge Advocate in the Kings Army in his expedition against the Scots afterwards he had the like imployment under the Earle of Essex and lastly under Sir Tho Fairfax a great Gainer by his employments but withall a great Antimonarchist a Saint in Cromwells Rubrick therefore had a magnetique virtue both living and dead to draw money to him in abundance Upon occasion of this Debate Haslerigge moved That 6 Gentlemen of the best quality Royalists might be put to Death as a revenge for Dorislaus and to deterre men from the like attempts hereafter That you may the better see of what Spirit Haslerigge is knowne That some Northerne Counties having petitioned the Commons for reliefe against the miserable famine raging there Haslerigge opposed their request saying That want of food would best defend these Counties from Scotish Invasions What man that had any sense of Christianity Courage Honesty or Justice would have been the Authour of so barbarous and unjust a motion That 6. Gentlemen no way conscious nor privie to the fact should be offered up a sacrifice to revenge malice nay to guilty feares and base cowardize to keep off the like attempts from Haslerigge and his Party I wish this Gentleman would read the Alchoran or new Independent Bible of the new Translation and from thence gather precepts of more Humanity Justice Honesty and Courage since he hath Read the Old New Testament of Moses and Christ to so little purpose Yet the House 18. May passed a Declaration That if more Acts of the like nature happened hereafter it should be retaliated upon such Gentlemen of the Kings Party as had not yet Compounded But this is but a devise to fright them to Compound unlesse it be a forerunner to a Massacre heretofore taken into consideration at a Councell of Warre See § 161. An Act declaring more nevv Treasons About this time came forth that prodigious Act declaring 4. new Treasons with many cōplicated Treasons in their bellies the like never heard of before in our Law nor in any Kingdome or Republike of Christendō Because I have formerly spokē of it the Act it self printed publisht dreadfully notorious throughout the whole Kingdō I wil refer you to the printed Copie only one clause formerly debated was omitted in the Act viz. That to kill the Generall Lieu. Gen any Members of this present Parl or Councel of State to be declared Treason this would have discovered their guilty cowardize so much they were ashamed of it besides it was thought fit to make the People take a new Oath of Allegiance to the new State First I wil only give you some few Observations thereupon This Act declares to be Treason unto death and confiscation of Lands all Deeds Plots Words 1. Against this present fagge end of a Parliament against their never-before heard-of Supreme Authority and Government for when was this Kingdome ever governed by a Parliament or by any power constituted by them 2. All endeavours to subvert the Keepers of the Liberties of England and Councell of State constituted and to be from time to time constituted by Authority of Parliament who are to be under the said Representatives in Parliament if they please not otherwise for the Sword and the Purse is trusted in the power of the Councell of State yet the Keepers of the Liberties of England and the Councell of State of England to be hereafter constituted by Parliament are Individua vaga ayrie notions not yet named nor known when they are known we owe them no Allegiance without which no Treason by the
knowne Lawes of the Land which is onely due to the King His lawfull Heires Successours thereto we are sworne nor are the particular Powers Authorities granted by this Parliament to the said Keepers of the Liberties of England Councell of State yet any where authentically published made knowne to us by any avowed Act unlesse we shall account their Licenced New books to be such and therefore they may usurp what powers they please So that these men who involved us in a miserable Warre against the late Murdered KING pretending He would enstave us they would set us free have brought us so farre below the condition of the basest Slaves that they abuse us like brute Beasts and having deprived us of our Religion Lawes and Liberties and drawne from us our money and bloud they now deny us the use of reason and common sense belonging to us as Men Governe us by arbitrary irrationall Votes with which they baite Traps to catch us woe be to that People whose Rulers set snares to catch them and are amari venatores contra dominum Men-hunters against God nay to move any Person to stirre up the People against their Authority is hereby declared Treason marke the ambiguity of these words like the Devils Oracles which he that hath Power and the Sword in his hands will interpret as he please If the Keepers of the Liberties of England or Councell of State shal extend too farre or abuse their Authority never so much contrary to the Lawes of the Land Reason Justice or the Lawes of God as hath been lately done in the Case of Lilburne Walwyn c. no Lawyer no Friend shall dare to performe that Christian duty of giving councell or help to the oppressed here Fathers and Children Husbands Wives Brothers all relations must forsake nay betray one another lest these Tyrants interpret these duties to be A moving of them to stirre up the People against their Authority 3. All endeavours to withdraw any Souldier or Officer from their obedience to their superior Officer or from the present Government as aforesaid By which words it is Treason First if any mans Child or Servant be inticed into this Army the Father or Master endeavour to withdraw him from so plundering and roguing a kind of life back to his profession Secondly if any Commander or Officer shall command his Souldiers to violate wrong or rob any man for the party so aymed at or some wel-meaning Friend to set before the said Soldiers the sinne and shame of such actions and disswade them from obeying such unlawfull commands 4. If any man shall presume to counterfeit their conterfeit Great Seale it is declared Treason I wonder it is not Treason to counterfeit their counterfeit Coyne Behold here new minted Treasons current in no time nor place but this afflicted Age and Nation Edw. 3. anno 25. regni ch 2. passed an excellent Act to secure the People by reducing Treasons to a certainty as our new Legislative Tyrants labour to ensnare the People by making Treasons uncertaine and arbitrary Sic volo sic jubeo it shall be Treason because they vvill call and Vote it so what they please to call Treason shall be Treason though our knowne Lawes call it otherwise we have long held our Estates Liberties must now hold our Lives at the will of those Grand Seigniours one Vote of 40. or 50. factious Commons Servants Members of the Army vacates all our Lawes Liberties Properties and destroies our Lives Behold here a short view of that Act which hath no Additions by any Act subsequent See stat 1. Mariae c. 10. Whereas diverse opinions have been before this time in what cases Treason shall be said and in what not The King at the request of the Lords and Commons See 1 H. 4. c. 10. â—1 H. 7. c. 1. Declares 1. That to compasse or imagine the Death of the KING how 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 leavie Warre against the KING or adhere to His Enemies in his Realm and thereof be proveably attainted of open deed by people of their condition 4. To counterfeit the KING' 's Great or Prive Seale 5. Or His Money 6 To stay the KING'S Chancellour Treasurer Iustices of one Bench or other Iustices in Oyre Iustices in Assize and all other Iustices assigned to heare and determine being in their Places doing their Offices If any other case supposed Treason which is not above specified So the 4 Lords ought to have been Tried not by a new shambles of justice doth happen before any Iustices the Iustices shall tarry without any going to Iudgment of the Treason till the Cause be shewed and declared before the KING and His Parliament not before the House of Commons onely or before both Houses without the KING whether it ought to be adjuged Treason You see how few in number these Treasons specified are and that they must be attainted of open deed by their Peeres our words were free under Monarchy though not free under our Free-State so were they under the Romans Tacitus An. 1. sub finem speaking of Treasons facta arguebantur dicta impune erant These horrible tyrannies considered and being destitute of all other lesse desperate reliefe I doe here solemnly declare and protest before that God that hath made me 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 Iudge or Iustice shall give Sentence of Death upon any Friend of mine upon this or any other illegall 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 exemples of Sampson Iudith Iaell and Ehud and by Ponyard Pistoll Poyson or any other meanes whatsoever secret or open prosecute to the Death the said Iudge and Iustice and all their principall Abettors and I doe hereby invite and exhort all generous free-borne English-men to the like resolutions and to enter into Leagues defensive and offensive and sacramentall 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 illegall and tyrannous Usurpations 162. A motion to enlarge Sr 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 Generall 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 Generalls Warrant seized and Imprisoned them and notwithstandinge the Councell of Officers declared in print that they were preparing a Charge against them yet the Knaves lied like Saints they were then so farre from having matter to accuse them of that they have ever since hunted after a Charge against them and endevoured to suborne Witnesses but after 24 Weeks restraint whereas by the Law no Man ought to be comitted without an accusation they have found nothing against them This turning over of these Prisoners to their House of Commons proves what I formerly asserted § 24. That the violence of the Army in securing and secluding the Members was by consent of their Somerset house Iunto now sitting in the House of Commons 163. The Generall sends forth Warrants to all Iustices of the Peace to attach those Levellers that he had routed The honest Leveliers most of them Country-men endeavouring to draw to a Randezvouz about 600. or 700. of them marched from Banbury to Burford in Oxford-shire where lying securely because they were upon Treaty with the Enemy their Quarters were beaten up and about 180 of them taken Prisoners which their Enemies according to their usuall custome to gaine reputation by lying reported to be so many Hundreds And the Generall as if they had been all routed sent forth his Warrants to all Justices of the Peace in the adjacent Counties requiring them to apprehend and secure all such of them as shall be found I desire to know by what Authority the Generall takes upon him to command Justices of the Peace who are not under his Power and what tame Animals these Justices are that will submit to his commands and whether he thinks the Civil Magistrate to be obnoxious to the Power of the Sword the Councell of Officers See the Vote and Act for abolishing the Kingly office 164. and his single selfe the Supreme Magistrate or Tyrant Paramount notwithstanding the Vote of his Journey-men Commons That no single Man should be trusted with the Supreme Power The Levellers having possessed themselves of Northampton the Generall it is said thought fit to take hold of the Hornes of the Altar The Generall sends to the City for additionall Forces and wrote to his Vassals of the City to send their Trained Bands to his reliefe that he might the better domineer over them and continue their slavery hereafter But if the Citizens have no more wit I wish their Hornes may be as visible in their foreheads as the Nose in Olivers face To cozen the honest Levellers 165. The Commons colourably debate to dissolve this Parl and settle a succeeding Representative the Commons in order to the ending this present Parliament are debating how to pack a succeeding Representative as wicked as themselves and of the same leaven whose Election shall not be free but bounded with such Orders of limitation and restriction as shall shut out all men from electing or being elected as are not precisely of the same principles and practises and as deep engaged in their tyrannicall trayterous cheating bloody designes as themselves guilty Committee-men and Accountants to the State shall be the next Representative and for the better lengthening of the businesse that they may see what successe in the meane time the Levellers will have they wire-draw it through a Committee and referre it to be debated by a Committee of the whole House And at last if they must dissolve having packed themselves into a Councell of State they will usurp the Supreme Authority there to prepare the way to which designe they have passed another Act May 19. That the People shall be Governed as a Free state by Representatives and by such as they shall constitute and then consider what kind of Representatives we are likely to have Great care is taken that the State or rather our States-mens private pockets might not be prejudiced by Iudgements 166. A Debate how to defeat Iudgments Extents c. upon Delinquents Lands sect Extents c. lying upon Delinquents Estates you see notwithstanding their declaratory Vote That in things concerning the Lives Liberties and Properties of the People they would maintaine the known Lawes of the Land yet this Vote as well as all others hath a condition implied that it doe no waies hinder the Gaines of our godly Grandees otherwise they would not consider how to defeat Creditors of their legall assurances Iohn Lilburne being ordered a close Prisoner in the Tower by the Commons without Pen Inke or Paper 167. Iohn Lilburnes starving imprisonment in the Tower which was tyranny under King Charles but not under K. Oliver a Petition was presented to the Commons by many wel-affected that Iohn might have the allowance usually and legally due to Prisoners in the like case for his support The allowance is 4 l. a Weeke as I conceive which was rejected insomuch that Iohn was kept 3 whole daies with one halfe meales meat this is to condemne men unheard to be murdered by famine in their private slaughter-houses when they cannot or dare not murder them in their pretended Courts of Iudicature or publique shambles yet afterwards when the drawing together of the Levellers and discontents of New-castle affrighted the Commons they voted him the short allowance of 20 s. a Week Thus you see nothing but feares and dangers can kindle the least spark of goodnesse and compassion in their woolvish breasts wherefore Lord I beseech thee heap feares and terrors upon their guilty pates till with Iudas Iscariot they crie out We have sinned in that we have betrayed innocent bloud 168. Why Ireton layd down his Commission Cromwell being to march against the Levellers left Ireton behind him like a hobby daring of larks to over-awe the Conventicle at Westminster and see they chaunt no tune but of their setting the better to keep himself in a neutrall reconciling posture Ireton layd downe his Commission which he can take up againe at pleasure whereby he puts off all addresses to him from the levelling party for the present This poore Fellow now keepeth his golden Coach which cost 200 l. and 4. gallant Horses The world is well altered with such petty Companions and hereby the Souldiers may see what becomes of their Arreares There hath been a seeming falling out between Cromwell and Ireton 169. Hugh Peters visits I. Lilburne in the Tower and the sum of their Conference Iohn Lilburne being a close Prisoner in the Tower as hath been said Hugh Peters Chaplaine in Ordinary to two great Potentates Lucifer and Oliver came about dinner time May 25. 1649. to visit him and though admittance be denied to other men yet to him the Gates slew open as sure as Saint Peter keeps the keyes of Heaven Hugh Peters keeps the keyes of our Hell and out Grandees Consciences and openeth and shutteth at pleasure he is Confessor to Tyburne and hath a great power over
Oneale and his bloudy massacring Irish Papists against the Protestant Religion which was part of the designe of the schismatical Party in Parliament in waging war against the King from the beginning See § 184. the Marginall Notes there This impious Liberty of Conscience to destroy the Protestant Religion is all the liberty we are like to enjoy under the kingdome of these bloudy cheating Saints in all things else we are meer and absolute Slaves 10. That an Act for a Generall Pardon be passed to all Persons except such as are particularly named therein and declaring no Pardon to any that shall for the future raise Warre in this Nation against the present Authority thereof This is a project 1. To pardon themselves and their Party for their transcendent villinies and to stop the mouthes of the Countrey from complaining of them after their Adjournment and this shall be effectually done 2. To befoole silly weak spirited People with general words of a Pardon which shall be made ineffectuall by many exceptions and limitations 3. This is principally intended to fright men from attempting any thing against the usurped Supremacy and Tyranny of the Councell of State and therefore all Pardons to such Attemptors are before-hand declared against This with them as a sinne against the Holy Ghost unpardonable to deny their Supreme arbitrary Authority 11. That the Act for reliefe of poore Prisoners for Debt may be passed Though I can with as much Charity as any Man wish a reliefe to them yet I like not that Charity should be made a cloak to ambitious Knavery and all the Creditors of the Kingdome be made liable to the vexation of a covetous Committee who under colour of Charity shall raise up all the indebted Men of the Kingdom against all the monied Men if they will not sacrifice their purses to the Ech-Gods of the new State and be bountifull to the Committee which is the full scope of this Proposition 12. That the Souldiers may be secured their Arreares out of the late Kings Lands This is to tie all the Souldiery by the purse-strings which is Saints Tenure to make good that horrid trayterous Murther 13. That an Act be passed for Probate of Wills Granting Administrations and Investing of Ministers presented These lunatique Saints should have thought upon a new way to be set up before they throw downe the old one and not have left men in an uncertainty how to dispose of their Estates and a Iustititum a vacancy of Iustice upon the Kingdom you see what Mountebanks our new State-Iuglers are The good Boyes began to learne these Lessons upon Monday 25. Iune 190. Things undertaken by the Councell of State during the Recesse The Councell of State likewise reported to their said Free-Shoole of Commons severall things which they in order to their future greatnesse would put into a way during the Recesse against the Houses next meeting when two Sundaies come together 1. That Commissioners be appointed in every County to make an estimate of all Tythes to the end they may be taken away for the future and some other provision designed for Ministers This is a Whip and a Bell to lash Ministers to Preach State-Divinity 2. That the Councell of State consider of setling future Parliaments and the constant time of their calling sitting and ending after this Parliament shall thinke fit to dissolve themselves If they are not dissolved already which is the constant opinion of many great learned Lawyers wel-affected to the Parl. they will never be dissolved without the help of a Hangman But I would gladly know by what Authority a Pack of forty Knaves calling themselves a Councell of State and usurping Regall power shall take upon them to abolish our antient forme of Parliaments contrary to the fundamentall Lawes of the Land their own Declarations Protestations and Covenants and to pack and shuffle new Parliaments to dispose of our Religion Lawes Liberties Lives and Estates against the consent of the farre major part of the people 3. That they shall consider of an Act for regulating Proceedings in Law and prevent tediousnesse of Suites There are too many Lawyers in the Councell of State to doe any thing effectuall that way but it may be they will consider how to make the Lawes of the Land more sutable to an Olygarchicall tyranny and lesse agreeing with Monarchy 4. That they will consider what Lawes are fit to be repealed That is all Lawes enjoyning uniformity in Gods Worship all Monarchicall Lawes and all Lawes allowing more civill Liberty and Priviledges to the People and to severall Degrees of men than squares with the Designes of our new upstart State So many men have been cheated with Publique Faith 191. Deane and Chapters Lands purchased by the Godly Irish Adventures and Bishops Lands that the Market is spoyled for sale of Deane and Chapters Lands wherefore the Saints being the onely monied men left in the Kingdome have now agreed to buy them themselves considering that since they hold their Heads and all that they have in Capite of their Lords Paramount the Councell of Officers they may as well buy dog-cheap and hold Bishops Lands by the same Tenure For which purpose they have their Broakers abroad to buy in Souldiers and Officers Debentures for Arreares at 5 s. and 6 s. in the pound though they are allowed the whole summs of the Debentures in the Purchase which doubling in ready money they purchase upon such easie particulars as brings it downe from ten yeares purchase to two or three years purchase They are not seen in the businesse themselves but buy them in other mens names and to the secret use of their Wives and Children The Lord Munson Humphry Edwards and Sir Greg Norton who hath sold his owne Land to purchase now upon this Title and many other Saints have lately trod this obscure path 192. Souldiers insolencies remedilesse Great complaints are made by the Countrey of the Souldiers insolency amongst many other things in putting their Horses into mowing Grasse The Generall hath ordered the next Officer in chief to cause double damages to be given by the Soldier and if the said Officer neglect he is to answer it at a Councell of Warre at the Head Quarters This remedy is worse than the disease and as meer a gullery as the Act for taking off Free-quarter The chief Officer will laugh at the Complainant the Head Quarters are farre off and the Councell of Warre will tyre him with delaies and expose him to more injuries of the angry Souldiers The Officers will not nor dare not keep a strict discipline 193. The Earle of Denbigh and Henry Martin referred to Committees The Earl of Denbigh referred to the Committee of the Revenue to consider the Arreares of his Ambassie in Italy and of his 1000 Marks per ann pension bestowed upon him by the late King If his deserts had been better his Reward had been worse and worse paid Also Henry Martius
Minstred to me and doe 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 Legall cause or Tryall 14. To make what New Acts Lawes and Reverse what Old ones they think meet to ensnare and inthrall our Consciences Estates Liberties and Lives 15. To create new monstrous Treasons never heard of before and to declare Reall Treasons against the King Kingdome and Parliament to be no Treasons and Loyalty Allegeance due obedience to our known Lawes and a Conscientious observing our Oathes of Allegance and Supremacy and the Covenant to be no lesse then 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 Lawes Liberties Estates and Lives waste after they have drawne so much Bloud 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 then Regall or Parliamentary power 17. To pack and shuffle themselves into a Councell of Lords This 17. is added by the Abridger States Generall without any provinciall States 40. Hogens Mogens with Supream Regall and Arbitrary power in absence of Parliaments which are Abolished by these Usurpations as well as Monarchy 4. The principall ends proposed in the pretend Act for imposing this 90000 l. a moneths 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 Warre upon them and by conspiring with their owe party of the sitting Commons have occasioned all the Mischiefs last mentioned to the ruine of King Parliament and Kingdome Religion Lawes 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 Conquests Tbat 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 turne Vs and our Families out of Dores That there is no Law in England but the Sword as Hugh Peters the Rebels Apostle saith The present power must be obeyed saith parasiticall Iohn Goodwin that is the power of the Sword still More hath been raised by Taxes these last eight years then in all the Kings Raignes 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 Cookes 2. Instit pag. 528. But the keeping up this Army is the Bane of the People 1. Because they are already exhausted with Warre 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 Moneth 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 believe 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 Moneth See Ordinances 15. Feb. 1644. and 6. Aprill 1646. Exact Collect. pag. 599. 876. But when the Army by confederacy with their Party in the House took the boldnesse to encrease their number without Order 60000 l. a Moneth was thought abundantly sufficient to pay the Army and take off Free-quarter and why this Tax should now be raised to 90000 l. a Moneth when sundry Regiments of it are Assigned for Ireland and yet Free-quarter continued is a mystery of Iniquity which fills the Saints Pockets with Money and all the World with Wonder 6. The Counties Militia so much contended for with the King would better defend the Kingdome from Forraign Invasions then a Mercinary Army Therefore there is neither necessity nor publique utility in keeping up this Army or raising Taxes to maintaine them or pay their pretended Arreares The Free-quarter they have taken in kind and leavyed in Money will treble their Arreeres and make them much indebted to the Country Thus farre and much farther Master Pryn whose whole Booke at large I commend to all mens serious perusall The Marquesse of Ormonds happy atchievements in Ireland beginning to look formidably 204. Cromwell sets sayle for Ireland had cooled the hcat of K. Olivers courage though not of his Liver insomuch that he and his intimate Friends began to project how without losse of reputation to take him off from so desperate an Engagement as at that time that seemed to be unnecessary delaies were used in Shipping his Men. Hasterigge and his Party reported great terrours from Scotland Oliver and his Bloud-hounds of the Faction made a shift to smell out a silly Plot in Dorset-shire for surprisall of Weymouth and Portland for the KING now laughed at and exploded by their owne New-books And the tender-conscienced Brethren were prompted to apprehend their owne dangers and put into a Petitioning posture That such a Worthy of Israel such a chosen Instrument of Gods mercy might not in a time of danger leave the Land of his Nativity the Habitation of the Saints to seeke foraigne adventures in a Heathen Land Whilst these preparations were making to withdraw Olivers stake he appeared not openly in them but making more shew of the Lyons skin than the Foxes had written to Col. Iones how heartlesse his Souldiers were and that unlesse Iones did by some successfull Sally lessen their terrour he should not be able to get them on Ship-board This was like the Monkey to rake Chesse-nuts out of the fire with the Catts foot to take a presage of his owne successe at Col. Iones hazard Iones makes an attempt with better luck than he expected though not with half so good successe as was reported Saturday 12. August when the newes first came to Towne the Lyon is not so terrible as he is painted it is a peculiar priviledge of the Saints to lie without sinne or at least without
be done by the King if by those Words things done or to be done for the dissolving c. they shall say they related to the Kings Naturall Death Natural Death is the Act of God which these Saints cannot make voide if they related to His violent Death it could not then be said a thing done or to be done for the unlawfulness and injustice of it This Act passed long before any War or Bloud shed The onely pretence they have since found out for the Kings Murder 2. If this Parliament were not Dissolved by the Kings Death Yet the House of Peeres formerly Voted downe by the Commons gave no consent the passing this Act Entituled An Act of the House of Commons who without the concurring Assent of the Lords and the Kings Royall Assent have no power to passe any Act Make or Declare any Law or impose any Tax as appeares by the fore-recited Acts The Petition of Right The Act for the Trienniall Parliament and this very Act against Dissolving Proroguing c. with all our Printed Statutes Parliament Rolls and Law-Bookes The Commons being so farre from claiming the sole Legislative Power heretofore as that they were not Summoned to our Ancient Parliaments which consisted onely of King Lords Temporall and Spirituall untill 45 Hen. 3. nor had they so much as a House of Commons or Speaker untill the Reigne of Edw. 3. nor never tendred any Acts or Bills to the King but Petitions onely of Grievances untill long after Rich. 2. time See the Printed Prologues to the Stat. 1 4. 5 9 10. 20. 23. 36. 37. 50. Edw. 3. 1 Ric. 2. 1. 2. 4. 5. 7. 9. 11. 13 Hen. 4. 1. 2. 3. 4. 8. 9 Hen. 5. 1 2 3 4 6 8 9 10 11 14 15. 28 29 39 Hen. 6. 1 4 7 8 12 17 22 Edw. 4. 1 Rich. 3. 3. But suppose the Commons alone had power to impose Taxes yet it must be in a full and free House whereas when this Act for 90000 l. a Moneth passed the House was neither Full nor Free The Major part of the House who by Law are the House to wit 8. parts of 10. at the least being Secured or Secluded by Col. Pride and his Souldiers by Confederacy with those 40. or 50. then sitting when this Act passed and acting the Wills of the Councell of Officers to the subversion of Parliaments and the great wrong of those Counties and Burroughs for which they served Object If it be objected that by usage of Parliament 40. Members make a House of Commons Answ 1. I Answer not to all intents and purposes Not to grant Subsidies nor passe Lawes or matters of greatest moment Modus tenendi Parl. Cookes 4. Instit pag. 1. 2. 26. 35. 36. Cromptons Iurisd of Couts fol. 1. 39 Edw. 3. 7. Brook Parl. 27. 1. Iac. c. 1. 2. 40 Members make not a House when the rest are Excluded by force without Dores and fraud of their Fellow-members within Dores on purpose that being the Major number they may not over-vote them The Commons not having power to expell any of their Members without consent of King and Lords in whom onely the Iudiciall power Paribus in Pares non est Potestas Claus Dors 7 Rich. 2. M. 27 Seldens Title of Honour pag. 737. Baron Camoyes case discharged by the Kings Writ and Iudgement from serving amongst the Commons because a Peer of the Realm The practice for Members to Expell and Sequester their Fellow-members being a late dangerous innovation to pack a Factious Conventicle instead of a Parliament If the King should send forth no more Writs then would Summon 40. or 50. Commons it were no House Added by the Abridger So M. Pryn concludes That if he should voluntarily submit to pay this Tax by virtue of the said pretended Act of Parliament Dated 7. Aprill 1649. made by those now sitting some of whose Elections have been Voted void others of them Elected by new Illegall Writs under a new kind of Seal since the Kings Beheading as the Earl of Pembroke and Lord Edward Howard uncapable of being Knights or Burgesses by the Common Law because Peeres of the Realm as was adjudged in the Lord Camoyes case Claus Dors 7 Rich. 2. M. 32. and asserted by Mr. Seldens Titles of Honour Part 2. chap. 5. pag. 735. Seconded by Cookes 4. Instit pag. 1. 4. 5. 46. 47. 49. As he should admit those to be lawfull Members so he should assent to ex post facto some particulars against his Knowledge and against the Oathes of Allegeance Supremacy Protestation Solemn League and Covenant taken in the presence of God with a sincere heart and reall intention to performe the same and persevere therein all the dayes of his life without suffering himself directly or indirectly by whatsoever Combination Perswasion or Terrour to be withdrawn therefrom As for example he should thereby acknowledge contrary to his knowledge and the said Oathes and Covenant 1. That there may be and now is a lawfull Parliament of England actually in being and legally continuing after the Kings Death consisting onely of a few late Members of the Commons House without either King Lords or most of their fellow Members 2. That this Parliament sitting under a force and so unduly Constituted and packed by power of an Army combining with them hath just and lawfull Authority 1. To Violate the Priviledges Rights Freedomes Customes and alter the Constitution of our Parliaments themselves 2. To Imprison Seclude and Expell most of their fellow Members the farre Major part of the House for Voting according to their Consciencies in favour of Peace and settlement of the Common-wealth 3. To Repeal all Votes Ordinances and Acts of Parliament they please 4. To Erect new Arbitrary Courts of Warre and Iustice 5. To Arraign Condemne and Execute the King himself with the Peeres and Commons of this Realm by a new kind of Martiall Law contrary to Magna Charta The Petition of Right 3. Car. and the known Lawes of the Land 6. To Dis-inherit the Kings Posterity of the Crown 7. To éxtirpate Monarchy and the whole House of Peers 8. To Change and Subvert the Ancient Government Seales Lawes Writs Legall proceedings Courts and Coyne of the Kingdome 9. To Sell and Dispose of all the Lands Revenues Iewels Goods of the Crowne with the Lands of Deans and Chapters for their own advantage not the easing of the People from Taxes 10. To absolve themselves by a Papall kind of Power and all the Subjects of England and Ireland from all the Oaths and Engagements they have made to the Kings Majesty His Heires and Successours yea from the very Oath of Allegeance notwithstanding this expresse Clause in it fit to be laid to Heart by all Conscientious Christians I doe believe and in Conscience am resolved That neither the Pope nor any Person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledge by good and full Authority to be lawfully