People of England And whereas the said confederated Commons have likewise tyrannically and audaciously presumed contrary to their Oathes and Engagements aforesaid to take upon them to make Acts of Parliament as they terme them without our privity or assents or the joynt consent of the King and House of Lords contrary to the Use and Priviledges of Parliament and knowne Lawes of the Land and by pretext thereof have trayterously and wickedly endeavoured to Dis-inherit the Illustrious CHARLES Prince of Wales next Heire to the Crowne and actuall KING of England Scotland France and Ireland immediately after His said Royall Fathers barbarous Murther by Right of descent and proclaimed it Treason for any Person to Proclaime him KING whereas it is high Treason in them thus to prohibit His proclaiming and have likewise trayterously and impudently encroached a tyrannicall and lawlesse power to themselves to Vote down our antient Kingly and Monarchicall Government and the House of Peers and to make a new Great Seale of England without the Kings Portraicture or Stile and to alter the antient Regall and Legall Stile of Writs and proceedings in the Courts of Justice and to create new Judges and Commissioners of the Great Seale and to dispense with their Oaths of Supremacy and Allegiance and to prescribe new Oaths unto them contrary to Law though they have no Authority by any Law Statute or custome to administer or injoyne an Oath to any man and thereby have trayterously attempted to alter the fundamentall Laws and Government of this Kingdome and to subvert the freedome priviledges and being of Parliaments for which Treasons Strafford and Canterbury though least criminall lost their Heads this last Parliament by some of their owne prosecutions and the judgment of both Houses We in discharge of our respective duties and obligations both to God the King our owne Consciences our bleeding dying Kingdomes and the severall Counties Cities and Burrroughs for which we serve do by this present Writing in our owne Names and in the Names of all the Counties Cities and Burroughs which we represented in Parliament publickly declare and solemnly protest before the all-seeing God the whole Kingdomes of England Scotland and Ireland and the world that We do from the bottome of our hearts abominate renounce and disclaime all the said pretended Acts Votes and proceedings of the said confederate Members acted under the Armies power against our consents as treasonable wicked illegall unparliamentary tyrannical and pernitious both to the King Parliament Kingdomes and all the free-borne People of this Realme extreamly disadvantagious and dishonourable to our Nation scandalous to our Religion and meer forcible Usurpations and Nullities void in Law to all intents and purposes which we and all the Freemen of this Kingdome and all the Kingdomes and Dominions thereto belonging are bound openly to disavow oppugne and resist as such with our purses armes lives to the last drop of our blouds and to which neither We nor any other can ought or dare to submit or assent in the least degree without incurring the guilt of High Treason and the highest perjury infamy and disloyalty And in case the said confederates shall not speedily retract and desist from those their treasonable practises and tyrannicall usurpations which We cordially desire and entreat them by all obligations of love and respect they have to God Religion their King Country and Posterity timely to do We do hereby denounce and declare them to be Traytors and publique Enemies both to the King and Kingdome and shall esteem and prosecute them with all their wilfull Adherents and voluntary Assistants as such and endeavour to bring them to speedy and condigne Punishment according to the Solemne League and Covenant wherein We trust the whole Kingdome all those for whom We serve and the Lord of Hosts himself to whom We have sworne and lifted up our hands hearts and fervent prayers will be aiding and assisting to us and all our Bretheren of Scotland and Ireland who are united and conjoyned with us in covenant to our GOD and Allegiance to our Soveraigne King CHARLES the Second who we trust will make good all His destroyed Fathers concessions which really concerne our peace or safety and secure Us against all force and tyranny of our Fellow-subjects who now contrary to their Trusts and former Engagements endeavour by the meer power of that Sword which was purposely raised for the protection of our Persons Government Religion Laws Liberties the KING 's Royall Person and Posterity and the Priviledges of Parliament to Lord it over Us at their pleasure and enthrall and enslave Us to their armed violence and lawlesse martial wills which we can no longer tolerate nor undergoe after so long fruitlesse and abused patience in hope of their repentance About the same time came out another Paper entituled 109. A Paper entituled Foure true Positions c. ¶ Foure true and considerable Positions for the sitting Members the new Courts of Justice and new Judges Sheriffs Officers Lawyers Justices and others to ruminate upon 1. THat the whole House of Commons in no Age had any Power Right or Lawfull Authority to make any Valid or binding Act or Ordinance of Parliament or to impose any Tax Oath Forfeiture or capitall punishment upon any Person or Free-men of this Realme without the Lords or Kings concurrent assents much lesse then can a small remnant onely of the Members of that House do it sitting under an armed force which nulls and vacates all their Votes and proceedings as the Ordinance of 20. August 1647. declares whilst most of their Fellow-Members are forcibly detained and driven thence as Mr. St. John proves in his Speech concerning Ship-mony p. 33. and in his Argument concerning the Earle of Strafford's Attainder p. 70 71 76 77 78. and Sir Edw. Coke in his 4. Instit c. 1. 2. That the few Members now sitting in and the House of Commons being no Court of Justice of it selfe and having no power to hear and determine any civill or criminall causes nor to give an Oath in any case whatsoever cannot by the Lawes and Statutes of the Realm nor by any pretext of authority whatsover erect any new Court of Justice nor give power or authority to any new Judges Justices or Commissioners to arraigne try condemn or execute any Subject of meanest quality for any reall or pretended crime whatsoever much less their own Soveraign Lord the King or any Peers of this Realme who ought to be tryed by their Peers and by the Law of the Land alone and not otherwise And that the condemning and executing the King or any Peere or other Subject by pretext of such an illegall Authority is no lesse than High Treason and wilfull Murther both in the Members and Commissioners Judges or Justices giving and executing Sentence of Death in any such arbitrary and lawlesse void Court or by vertue of any such void and illegall Commissions 3. That the House of Commons and Members now sitting
Humane shewing Him to be more then Conquerour of His Enemies in His rare Christian patience and charity the very reading of it aggravateth our loss of so Gracious and excellent a Prince that had learned the whole method of humane perfection in the schoole of adversity Herod and his Jews never persecuted Christ in his swadling-clouts with more industrious malice then the Antimonarchicall Independent Faction this Book in the Presses and shops that should bring it forth into the world knowing that as the remembrance of Heaven strikes a horror into us of Hell So the contemplation of his virtues will teach us to abhorre their vices March 8. 1648. 129. The form of Writs for Elections changed The Commons assented to a new Form of a Writ for election of Knights and Burgesses for the Parliament But three dayes before it was reported to the House from the Councell of State what number of Horse and Foot they thought fit to be kept up for the service of England and Ireland 130. A new establishment for the Army reported to the House from our new Masters the Councell of State and the Monthly charge which estimated come to 160000 l. per mensem You see we are likely to finde these our new Lords such gracious Masters to us that as the second part of Englands new Chains saith We shall have Taxes though we have neither Trade nor Bread In the Earle of Essex time when the Warre was at the highest the Monthly Tax came but to 54000 l. a Month yet had we then seven or eight Brigades besides his Army and Garrisons but that the Faction of Saints may carry on the work of a thorow Reformation in our purses as well as they have done in the Church and Common-wealth they first raised the Tax to 60000 l. a Month for England besides 20000 l. a Month pretended for Ireland but I believe little of it slips through their sanctified fingers to go thither And now to shew they can use double dealing against the Ungodly they would double the summ from 80000 l. to 160000 l. a Month this is to break our hearts with property and make them take what impressions of slavery they please to set upon them this Conventicle of State will engross all the Coyn and Treasure of the Land into their own hands and then subdue us therewith and make us like slavish Aegyptians sell our selves and our Lands for Bread or money to buy Bread when that inseparable companion of a long warre Famine approcheth which their barbarous and illegall Sequestrations unstocking mens Farms and laying them wast will inevitably bring upon us they have more hope to subdue and lessen the number of their Opposites by famine and want then by the Sword in order to which they have destroyed the Trade of the City and undone multitudes of Trades-men who being disabled to pay their Taxes the Army cause all their Arrears to be leavied upon the City by a new Tax upon the rest of the Inhabitants and the Outlandlords and when Cromwell was told this would undo the City He answered It was no matter the more were undone the more would 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 Design and to please their Masters of the Army passed printed and published in the form and style of a Statute this Paper following intituled An Act for the Abolishing the Kingly Office in England WHereas Charles Stuart late King of England Ireland and the Territories and Dominions thereunto belonging hath by Authority derived from Parliament Since by the Law the Crown cures al defects how 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 Kingdom or Dominions or either or any of them Be it therefore Enacted and Ordained and it is Enacted We have sworn faith and Allegâ—ance to K. Charls the First His lawfull Heirs and Successors and our Vow is recorded in Heaven from which no power on earth can absolve us See the Oathes of Allegiance Obedience and Supremacy The Statute of Recognition 1. Iac. But the Commons are now Supreme as in imitation of the Pope to bring this Claus in practise Licet de jure non possumus tamen pro plenitudine potestatis nostra 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 are and be disabled to hold or enjoy the said Crown of England or Ireland All our Laws cut off by the non obstante of an eighth part of the House of Commons sitting under a force After almost 1000 years experience it is now found to be dangerous The English were never one half-quarter so much enslaved since William the Conquerour subdued them as they have been since Oliver the Brewer subjugated them 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 Honours Manors Lands Tenements possessions and Hereditaments belonging or appertaining to the said Crown of England and Ireland and other the Dominions aforesaid or to any of them or to the Principality of Wales Dutchy of Lancaster or Cornwal 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 publike interest of the people and that for the most part use hath been made of the Regal power and prerogative to oppress impoverish and enslave the Subject and that usually and naturally any one person in such power makes
or any nine of these they entrust the Administration of this Utopian Common-wealth and these they would have us believe without telling us so are the Keepers or Gaolers of the Liberties of England These things being but Introductions to the Usurpation of these Kinglings and having been already shewed to the world by many pens I content my self to give a cursory view of them and haste to my intended task to shew that this Usurped power is kept and administred by as wicked and violent policies as it was gotten by The first endeavour of all Tyrannical Usurpers is To lessen the number of their Enemies either by flattering and deceiving them or by violently extirpating and rooting them out And such have been the attempts of our new Cromwellian Statists ever since without any calling from God or the people they took upon them the Supreme Authority of the Nation subverted our well-mixed Monarchy and created themselves a Free-State 1. They endeavoured to sweeten and allure to act with them 1. A Collusive Accommodation as many of the Secured and Secluded Members Ministers and other Presbyterians as they could to the end that ex post facto being guilty of their sins they might be engaged in one common defence and go halfs with them in their ignominy and punishment though not in their power profit and preferments in which the Godly will admit no Rivals but like their Patron the Devil cry all 's mine But this Design failed for the most part 2. Their second Endeavour was how to diminish the number of their Opposites 2. An intended Massacre Royalists and Presbyterians by a Massacre for which purpose many Dark Lanthorns and Poniards were provided last Winter 1649. But fame prevented this plot which coming to be the common rumour of the Town put them in mind of the danger infamy and hatred that would overwhelm them So this was laid aside At last they invented two other Engins no less bloody then and as effectual as a Massacre 3. The Engagement is the first of these two Gins which all persons are enjoyned to subscribe by their Act 2 Jan. 1649. 3. The Engagement To be true to the Common-wealth of England as it is now established without a King or House of Peeres And this is obtruded under no lesse penalty than To be totally deprived of all Benefit of Law whatsoever Now the Lawes of the Land being the only Conservators of our Lives Liberties and Estates without which Lawes all men have a like property to all things and the strongest have right to all is possest by the weaker since the Law onely distinguisheth Meum and Tuum what is this but to expose the Liberties of the Non-Engagers to false Imprisonments our Estates to rapine spoil and injustice and our Lives and Persons to wounds and murders at the will and pleasure of such as will engage with our Usurpers but especially at the pleasure of their own Souldiers to whom I conceive this Outlawry was intended as an Alarm or Invitation to plunder and massacre the Non-Engagers and to pay themselves their Arreares of which these Parliamennt men have cousened them out of their Estates and though the Souldiers were not so wicked as their Masters yet we daily see many good Families in England despoiled of their Estates for want of protection of the Lawes brought to miserable beggery rather than they will wrong their consciences by subscribing this damnable Engagement contrary to the Protestation and Covenant imposed by this Parliament contrary to the known Law of this Land which this Parliament hath declared to observe and keep in all things concerning the lives liberties and properties of the people with all things incident thereto contrary to this Parliaments reiterated Votes that they would not change the Ancient Government by a King Lords and Commons And contrary to the Oathes of Allegiance Obedience and Supremacy whereby and by the Stat. of Recognition 1 Jac. our Allegiance is tied onely to the King his Heirs and lawful Suceessors from which no power on earth can absolve us and so much we attest in the Oath of Supremacy Politicus Interpreter to our new State-puppet play Numb 19. from Sept. 19. to Sept. 26. out of the dictates of his Masters tells us that in Answer to the Kings Act of oblivion granted the Parliament intends to pass an Act of General pardon for which they expect in future a General obedience and submission to the Government you see though they will not be the Kings subjects they will be his Apes and in the beginning of the said Pamphlet Politicus saith That Protection implies obedience otherwise they may be handled as publick Enemies and Out-laws and ought to be destroyed as Traitors Here you have the end to which this general pardon is intended it is but a shooing-horn to draw on the utmost penalty upon Non-engagers appointed by the said pretended Act 2. Jan. 1649. to weed them out of this good Land that the Saints only may enjoy the earth and the fulness thereof to which purpose all their new coyned Acts and Laws are directed The Scripture points forth these kind of men when it saith The Mercies of the wicked are cruel The sum of all is If we will not acknowledge Allegiance to these Mushromes we shall be Traitors without Allegiance a Treason never yet heard of in any Law If we will acknowledge Allegiance we put our selves in a capacity to be Traitors when they shall please to make us such But let them know That we are all Englishmen Free-born alike under the protection of an ancient legal Monarchy to which we owe Allegeance and how we come to forfeit that legal Protection our setled Laws and Government and be subjected to a New unknown protection obtruded upon us by a company of upstarts Mushromes of Majesty so mean in birth and breeding for the most part that the place of a Constable equalls the highest of their education imposing what Laws and conditions upon us they please I would be glad to hear without being hindred by Guns Drums High Courts of Justice and other Instruments of Violence and Murther But the greatest Mystery in this cheat is That our Self-created Supremists having voted the original power to be in the people and but a derivative Authority to be in themselves as the Representative of the people should notwithstanding so yoak their Sovereign Lord the people and make them pay Allegiance to their own Delegates the eighth part of a House of Commons under the penalty unless they subscribe as the far major part have not of out-lawing and depriving all the people of this Land of all benefit of the Laws they were born to and consequently of annihilating and making them no longer a Nation or people As if they were meer Salvages newly conquered collected and formed into a politick body or Commonwealth and endowed with Laws newly invented by the Novice Statists But the unlawfulness of the said Engagement with the
the Army which if he can keep up he hopes to give the Law to all and to produce that great Chymaera Liberty of Conscience not considering that the confusion and licentiousnesse of such a liberty will destroy it self Libertas Libertate perit The Presbyterians have three Pillars to support them 1. The City is their cheif foundation with which they keep a strict correspondency and daily communication of Counsels Upon this consideration they have lately put the Parliament Purse into the Cities Pocket as aforesaid setled and inlarged the City Militia Whereas all the Countries of England being more obnoxious to injuries than the City suffer much for want of setling their Militia the Parliament not trusting them with arms so much as for their own defence An evident sign there is a farther design than disbanding this Army And because the City Militia can onely keep in awe the adjacent South and East Counties of the Kingdom therefore to suppress the remoter parts and inforce them to obedience they keep up some in-land Garrisons and have the Scots and G. Poyntz supernumerary forces for the North. And in the West under colour for sending men for Ireland they keep upon free quarter and pay of the Country many supernumerary Regiments and Troops most Cavaliers at least five times as many as they really intend to transport These are always going but never gone like St. George always in his saddle never on his way Something ever is and shall be wanting untill Sir Thomas Fairfax's Army be disbanded and then it is thought the disguise will fall off and these supernumeraries shall appear a new modelled Army under Presbyterian Commanders you may be sure and such whose Consciences shal not befool their wits where any matter of gain appeareth if this be not their aym why did they not disband those lewd supernumeraries before last Winter since they might have raised as many men the spring following for half the charge their very free quarters cost and most of these swear they will not go for Ireland vowing they wil cut the throats of the Round-heads The Country is amazed fearing these Cavaliers are kept on free quarter by a Cavaleerish party for some Cavaleerish design Secondly why did they not rather divide Sir Thomas Fairfax Army into two parts one to go for Ireland the other to stay in England being already modelled excellently disciplined and having the visible marks of Gods favour upon their actions But to take a few for Ireland a few for England and leave a Coar in the middle to be plucked forth and disbanded was the way to discontent them and put them into mutiny and thereby necessitate the Parliament to disband them all and give an opportunity to them that seek it to new modell another Army out of the aforesaid Supernumeraries more pliable to the desires of the Presbyrerian Junto adde hereunto the causelesse exasperating speeches and aspersions cast upon most of the Army purposely as moderate men think to discontent them Thirdly If they have no intent to keep up an Army against the People why have they continued the Military charge for another year and inlarged it from 52000 l. to 60000 l. a moneth Thus the City In-land Garrisons Presbyters and Supernumerary forces new modelled are like to prove the three-stringed whip wherewith the Presbyterian Phaetons will drive the triumphant Chariot if they prevail to which may be added the Presbyters themselves who by overawing mens Consciences with their Doctrine will subdue and work mens minds like wax to receive any impression of bondage that tyranny and oppression can set before them as they do in Scotland the Clergy in all times and places have ever held with the mighty as the Jaccal hunts still with the Lion to partake of his prey The Clergy have ever had an itch to be medling with State affairs which shews how contemptible an opinion they have of their own Coat that they can find no contentment in it yet they would have the Laity to have a reverend opinion of it the Popish Clergy draw all Civil Affairs publick and private under their jurisdiction and cognisance quatenus there is peccatum in all humane actions the Presbyterians quatenus there is scandalum in all human actions what is the odds Peccatum is the Mother Scandalum the Daughter and both pretend they do this in ordine ad Deum but universal experience teacheth us how miserable that Commonwealth is where the corruption of a Church-man proves the generation of a States-man The premises considered I shall propound these ensuing Quaeries to those that are of better judgement than my self 1. Quaere Why the title and punishment of Malignants is translated from the Cavaliers Quaeres upon the premises who fought for regal Tyranny against the Parliament and laid upon those that fought against regal Tyranny for the Parliament is it not because those Cavaliers that have fought for one Tyranny will not be scrupulous to fight for another and such wel-affected as have opposed Tyranny in one kind will not admit of it in another why is it now accounted a note of Malignity and disaffection to endeavour the putting down of Arbitrary Government and re-establishing our Laws Liberties and Properties whereto the Parliament by their many Declarations and their National Covenant are bound lay this to heart and consider whether they have not changed these their first Principles and consequently whether they are not desirous to change their old friends who resolutely adhere to the said Principles 2. If the King grant the Propositions or if he deny them and the Praedominant Junto or both Junto's joyned together to drive on one Common interest for it is now thought they are upon an accommodation to keep up that lower Conjunctim which they despair to uphold divisim establish the military and civil power without him according to their desires and in order to their ayms Quaere whether the said leading men setled in their posture with their confident guards about them may not draw after them so many of their party as upon an implicite faith will follow them and lick up the crums of the publick spoiles under their tables expelling or disabling as aforesaid the disingaged Members and by this policy make themselves perpetual Dictators incorporating and ingrossing to themselves both the Consultive Directive Ministerial power of the Kingdom in all causes Civil and Military setting up an Oligarchy or popular Tyranny instead of a Regal as the thirty Tyrants of Aâ—hens did In order whereto they already declare 1. That an Ordinance of Parliament without the Kings royal assent is equal to an Act of Parliament 2. That an Ordinance is a above a Law by virtue of their legislative power upon which presuming in their Ordinance of Indempnity they have granted an appeal from the Judges of the Law to a Committee of Parliament see the Ordinance May 21. 1647. 3. That they are the irrevocable Trustees of the peoples Lives Liberties
Principles for which the Parliament so often declared in print that they fought and for defence whereof they had entered into a covenant with their hands lifted up to God the other two principles were Religion and Lâ—berties 1. The Lords were not Peers to the Commoners At the common Law they shall have sworn Judges for matter of Law of whom they may ask questions in doubtfull points nor can they be Judges in their own cases 2. They have sworn Jurors of the Neighbourhood for matter of fact whom they may challenge 3. The known Laws and Statutes for Rules to judg by which in case of Treason in the Stat. 25. Ed. 3. you cannot Vote nor declare a new Treason And if you could to do it Ex post facto is contraty to all rules of justice The Apostle saith sin is a breach of a Commandment or Law I had not known sin but by the Law the Law therefore must go before the Sin 4. At the Common Law They have Witnesses openly and newly examined upon Oath before the accused's face who may except against them and cross examine them 5. Even in Star-chamber and Chancery where only hearings are upon Testimonies the Examiners are sworn Officers 6. A man hath but one Tryal and Judgment upon one accusation so that he knows when he hath satisfied the Law In this way of proceeding all these necessary legalities are laid by and these Gentlemen have not so much fair play for their Lives and Estates as Naboth had for his Vineyard he had all the formalities of the Law yea he had Law it self yet he had not justice because they were the sons of Belial that were set before him what shall we conceive these Witnesses are that do not appear nay whose very names are concealed yet Naboth was murdered by the sword of Justice for the honour of Parliaments give not the people cause to suspect these Gentlemen shall be so too non recurrendum ad extraordinaria quando fieri potest per ordinaria But all this was but to charm a deaf Adder 52. Arguments proving the Lords to have no power of Judicature over the Commons the nine or ten engaged Lords that then possessed the House were thought to be fitter than a Jury of Middlesex to make work for the hang-man and yet they have no Judicature over the Commons as appears by the President of Sir Simon de Berisford William Talboys and the City of Cambridge Note that one president against the Jurisdiction of a Court is more valued than a hundred for it because the Court cannot be supposed ignorant of the Law and its own rights but a particular man or Client may see Sir John Maynard's Royal quarrel and his Laws subversion Lieutenant Col. Lilburn's Whip for the present House of Lords and Judge Jenkins Remonstrance to the Lords and Commons of the two Houses of Parliament dated 21 Feb. 1647. As for the cases of Weston Gomenes and Hall cited by Mr. Pryn they were for facts done beyond Sea and before the Stat. 1. Hen. 4. ch 14. whereof the Common Law could then have no connusance and therefore an extraordinary way of proceeding before the Lords was requisit and by the Kings special authority it was done without which I dare boldly affirm the Lords have no Judicature at all which thus I make appear 1. The King by delivering the Great Seal to the Lord Keeper 53. The House of Peers no Court of Judicature at all properly and per se makes him Keeper of his conscience for matter of equity By His Brevia patentia to the Judges of the two Benehes and the Exchequer the King makes them administrators and interpreters of his Laws But he never trust any but himself with the power of pardoning and dispensing with the rigor of the Law in Criminal cases And though the Lord Keeper is Speaker of the Lords House of course yet he is no Member of the Lords House virtute Officii the Judges are not Members but assistants only so that no man in the House of Peers as he is simply a Peer is trusted by the King either with dispensation of Law or Equity 2. When a Peer of Parliament or any man else is tried before the Lords in Parliament criminally he cannot be tryed by his Peers only because in acts of judicature there must be a Judge Superior who must have his inferiors ministerial to him therefore in the trial of the Earl of Strafford as in all other trials upon life and death in the Lords House the King grants his Commission to a Lord high Steward to sit as Judge and the rest of the Lords are but in the nature of Jurors So that it is the Kings Commission that Authoriseth and Distinguisheth them 3. When a Writ of Error issueth out of the Chancery to the House of Peers they derive their Authority meerly from that Writ For the three Reasons aforesaid the House of Peers is no Court of Judicature without the Kings special Authority granted to them either by his Writ or his Commission and the Lords by their four Votes having denied all further address or application to the King have cut off from themselves that fountain from which they derived all their power and all trials by Commission must be upon Bills or Acts of Attainder not by Articles of Impeachment a way never heard of before this Parliament and invented to carry on the designs of a restless impetuous faction Had the Faction had but so much wit as to try the Gentlemen by Commission of Oyer and Terminer before Sergeant Wild he would have borrowed a point of Law to hang a hundred of them for his own preferment Observe that almost all the cases cited by Mr. Pryn concerning the Peers trials of Commissioners were Authorised by the King upon the special instance of the House of Commons as for the House of Commons they never pretended to any power of Judicature and have not so much Authority as to Administer an Oath which every Court of Pye-Poulders hath 54. Blank Impeachments dormant But this way of tryal before the pre-ingaged Lords and upon Articles of Impeachment which they keep by them of all sorts and sizes fit for every man as in Birchin-lane they have suits ready made to fit every body was the apter means to bring men to death whom they feared living had not a doubt of the Scots comming in taught them more moderation than their nature is usually acquainted with and to fright away at least put to silence the rest of the Members with fear of having their names put in blank Impeachments and that it might be so apprehended Miles Corbet moved openly in the House of Commons that they should proceed with the Impeachments which were ready nothing wanted but to fill up the Blanks they might put in what names they pleased This Inquisitor General this Prologue to the Hang-man that looks more like a Hang-man than the Hang-man himself hath since gotten a
graciously granted Yet now we are ten thousand times more oppressed with them and if these quarterers offer violence or villanous usage to any man in his house or family or commit murder or felony they are protected against the Laws and Justice of the Land and Triable only by a Council of War at the Head-quarters where a man can neither obtain justice nor seek it with safety 59. Martial Law So that we live under the burthen of a perpetual Army of 30000. or 40000. men exempt from all but Martial Law which frequently oppresseth seldom righteth any man witness Oliver Cromwel's taking of Tompson being no Souldier from the House of Commons door with Souldiers imprisoning and condemning him at a Council of War where he sate Judg in his own cause there being a quarrel between them yet it was held Treason in the Earl of Strafford to condemn the Lord of Valentia so being a Member of his Army because it was in time of Peace as this was Many other examples we have of the like nature and of this Army enough to perswade us that these vindicative Saints will not govern by the known Laws of the Land for which they have made us spend our money and blood but by Martial Law and Committee Law grounded upon Arbitrary Ordinances of Parliament which themselves in the first part of exact Collections p. 727. confess are not laws without the Royal assent This Army hath been dayly recruited without any Authority far beyond the said number or pay established the supernumeraries living upon free-quarter and when complaints have been made thereof in the House the Army being quartered in several Brigades supernumeraries have been disbanded in one brigade their Arms taken by their Officers 60. Cheats put upon the State and shortly after they have been listed again in another Brigade and their Arms sold again to the State after a while to new Arm them And of this sort were those Arms which being found in a Magazin in Town by some Zealots and rumoured to belong to the City for the arming of Reformado's were upon examination found to belong to Oliver Cromwel so the business was buried in silence for though the Kings over sights must be tragically published to the world yet the haynous crimes of the godly must lye hid under the mask of Religion And though they have usually taken free-quarter in one place 61. Arrears secur'd although the State ows them nothing and taken Composition money for free-quarter in another place some of them in two or three places at once 3 s. a day some of them 5 s. for a Trooper and 1 s a day and 1 s. 6 d. for a foot souldier whereby no arrears are due to them but they owe money to the State yet they have compelled the Houses to settle upon them for pretended Arrears 1. The moity of the Excise that they may have the Souldiers help in leavying it although to flatter the peope the Army had formerly declared against the Excise 2. The moity of Goldsmiths-hall 3. Remainder of Bishops Lands 4. The Customes of some Garrisons 5. Forrest Lands This Army brags They are the Saviours nay Conquerours of the Kingdom Let them say when they saved it whether at the Fight at Nazeby or taking in of Oxford and we will pay them according to the then list And for all the recuits taken in since the reducing of Oxford it is fit they be disbanded without pay having been taken in without nay against Authority to drive on wicked designs and enthrall King Parliment City and Kingdom 24. Decemb. 1647. The two Houses by their Commissioners presented to the King at Carisbrook-Castle 4. 62 4. Dethroning Bils presented to the King at Carisbrook Castle Bills to be passed as Acts of Parliament and divers Propositions to be assented to They are all printed so is his Majestis Answers to them wherefore I shall need to say the less of them only a word or two to two of the Bills 1. The Act for raising setling 63. Acts for the Militia and maintaining Forces by Sea and Land within the Kingdoms of England and Ireland Wales c. though it seems to be but for 20. years devests the King his Heirs and Successors of the power of the Militia for ever without hope of recovery but by repealing the said Act which will never be in his nor in their power for First it saith That neither the King nor His Heirs or Successors nor any other shall exercise any power over the Militia by land or sea but such as shall Act by authority and approbation of the said Lords and Commons That is a Committee of State of twenty or thirty Grandees to whom the two Houses shall transfer this trust being over-awed by the Army for the ground-work of this Committee was laid by these words though the Committee be erected since And Secondly it prohibiteh the King His Heirs and Successors c. after the expiration of the said 20. years to exercise any of the said powers without the consent of the said Lords and Commons and in all cases wherein the said Lords and Commons shall declare the safety of the Kingdom to be concerned after the said 20. years expired and shall pass any Bills for raising Arming c. Forces by Land or Sea or concerning Leavying of Money c. if the Royal assent to such Bills shall not be given by such a time c. then such Bills so passed by the Lords and Commons shall have the force of Acts of Parliament without the Royal assent Lo here a foundation laid to make an Ordinance of both Houses equal to an Act of Parliament take away the King 's Negative Voice if this be granted in one case it will be taken in another and then these subverters of our Religion Laws and Liberties will turn their usurpations into a legal Tyranny 2. It gives an unlimited Power to the two Houses to raise what Forces and what numbers for Land and Sea and of what persons without exceptions they please and to imploy them as they shall judge fit 3. To raise what Money they please for maintaining them and in what sort they think fit out of any mans Estate This is a Tax far more Arbitrary and unlimited than Ship-money and the more terrible because it depends upon the will and pleasure of a multitude who to support their own tyranny and satisfie their own hunger after other mens goods may and do create a necessity and then make that necessity the law and rule of their actions and our sufferings besides they are but our fellow subjects that usurp this Dominion over us which aggravates the indignity If the 24 Conservators of the Peace in Hen. 3. time were thought a burden to the Commons and called totidem tyranni what will our Grandees prove when the Power of the sword is theirs by Act of Parliament Besides if the King give them his Sword they may take all
himself and moderate his Actions the Army looking upon him as their onely Enemy and Opponent in the City lest they should seize upon him and carry him away or do him some other mischief This is conceived to be an Independent mouse-trap set up to catch a Presbyterian in for if the Major General had not discovered the said Letter and it had been found about him or in his House or if it had been testified that such a Letter was left at his house and concealed here had been matter enough for an Impeachment against him 104. Correspondency with Card. Mazerini The Grandees of Derby house and the Army solicit the detaining of the PRINCE in France and the delaying of his journey for England lest he trouble the yet unsetled Kingdom of the Saints To negotiate which they have an Agent lying Lieger with Cardinal Mazarini the great French instrument of State who is so well supplied with Money and so open handed That it hath been heard from Mazarin's own mouth That all the money the Queen and Prince hath cost the Crown of France hath come out of the Parliament Purse with a good advantage It is likewise said Mazarini hath an Agent here to drive on the Interests of France in England The Grandees in reference to the pulling down of Monarchy 105. Doleman's Antimonarchical Book printed and the establishing of their Olygarchy or Tyranny contrary to their Remonstrances Declarations the National Covenant and their late Vote That they would not alter the ancient form of Government by King Lords and Commons have caused the Book written by Parsons the Jesuit 1524 under the feigned Name of Doleman and called A Conference about the succession of the Crown to be published under the Title of Several Speeches delivered at a Conference concerning the power of Parliaments to proceed against their Kings for mis-government Parsons had made this Book a Dialogue these Men have made it into Speeches The Arguments and Presidents are meerly the same you see they can joyn Interests with France Doctrine with the Jesuits to carry on their design See the Conclusions 15 16 17. and reduce us to the condition of French Peasants or Slaves under the Kingdom of the Saints Doleman's Book was condemned by Act of Parliament 35 Eliz. But what care the Grandees for Acts of Parliament having fooled the people into a belief That both the Legislative and Judicative power is in the two Houses of Parliament without the King and that an over-powering party or Junto in the two Houses complying with an Army to keep the rest under force and awe is the Parliament 106. The Legislative Judicative power and the Militia where they reside See the Conclusions 15 16 17. The Parliament consisteth of 3 Estates 1. The King whom the Law calleth Principium Caput finis Parliamenti and therefore he only can Call He only can Dissolve a Parliament and is himself called and chosen by none being primus motor that animates all 2. The Lords who have their creation and vocation only from the Kings bounty 3. The Commons who have their summons onely from the Kings Writ though their election from the people and in that respect only the people being too diffused a Body to be Assembled they have something of Representation in them being the Epitome of the People These 3 Estates concurring have power to make news Laws to change or repeal old Lawes and in some doubtfull cases rarely hapning which the Judges dare not venture upon they have power to interpret the Laws This is a wise and politick constitution for if any one or any two of the said three Estates should make new Laws Change Repeal or Interpret old Laws arbitrarily and at pleasure without mutual agreement of all the three Estates it were in the power of that one or two to enslave the other Estate or Estates so omitted Besides the Law doth not favour the making of new Laws nor the changing and repealing of old Laws being an innovation that stirs too many humors in a body politick and indangers its health and brings contempt upon the Laws Leges priusquam latae sunt perpendendae quando latae sunt obediendae saith Arist Pol. But though all 3 Estates must assent to the making altering or repealing a Law yet any one of the 3 Estates hath a Negative Voice and may dissent from such making 2 H. 5. 4. H. 7. c. 18. 12. H. 7. c. 20. 1 Ja. c. 1. 2 Ch. c. 1. altering or repealing to avoid innovation as abovesaid How then can the two Houses of Parliament exercise the Legislative power and make change or repeal any Law by Ordinance without the King the first Estate and head of the Parliament and so deprive Him of His Negative Voice and the people of their Laws Liberties and Estates contrary to 9 H. 3. Magna Charta 1 part Instit sect 234. in fine 7. H. 7. 14. especially when this very Parliament declares in the Exact Col. 1 part p. 727. That the King hath a Negative Voice and that Bils are not Laws or Acts of Parliament without the Kings assent consequently nor Ordinances And as the two Houses take upon them the Legislative power without the King so in the case of the 4 Aldermen and Sir John Maynard they usurped a Judicative Power in case of Treason tryable in the Kings Bench yet it is most certain that when the 3 Estates in Parliament have passed any Act their power determines as to that Act and then the Authority of the Judges begins which is Judicative whose Office is upon cases brought before them to determine whether that Act be binding or no for Acts of Parliament against common right Repugnant or Impossible are Void Cook 8. f. 118. Dr. and Student l. 1. c. 6. and to expound the meaning and signification of the words of such Act. If therefore the 2. Houses usurp the Legislative and Judicative power or the Militia otherwise than hath been by the fundamental constitution of this Monarchy and the practice of all ages accustomed the Grandees of the two Houses and Army seem to lay claim to them all by the Sword for in the late Declaration against the Scots Papers p. 64. they say That they engaged in this war upon these principles viz. To keep the Legislative power and the exercise of the Militia without and against the Kings consent and p. 63. ibidem the Members tell us that in all matters concerning Church or State we have no judge upon Earth but themselves It follows then the Grandees do it to subvert the ancient Government Laws and Liberties of this Nation and establish a Military Olygarchy or the Kingdom of the Saints over us in themselves In order to which design they have put all things out of order and turned them upside down nay they have crucified the whole Kingdom with Saint Peters Crucifixion the head downwards and the Heels upwards When this King went into Scotland He compared the
Skippon when he had spoken any thing in the House prejudicial to the King or City about a Week after when the venom he hath spet hath wrought its effect and is past remedy usually complains in the House that his words are carried forth of the House and maliciously and falsly reported in the City to his disgrace and danger and repeating in a more mild and qualified way some part of what he had formerly said appealed to the House Whether that were not the full truth of his words When the House having forgotten his former words no man can and for fear of the envy and malice of a powerfull Faction no man will contradict him this is his way of Apologizing and clearing himself He hath got above 30000 l. in his purse besides 1000 l. a year land of Inheritance given him by the Parliament He hath secured his personal Estate beyond Sea and his Wife and Children and thereby withdrawn all pawns and pledges of his Fidelity both out of the power of the Parliament and City and is here amongst us but in the nature of a souldier of fortune Note that upon the said 15 day of July when the debate was for Voting the Scots that were come in Enemies c. the first question was put 106. D. Hamiltons Army Voted Enemies that all such Scots as are or shall come into England in hostile manner without consent of both Houses of the Parliament of England were Enemies c. but upon farther debate the words or shall were left out upon this Consideration that the Earl of Argyle might happily come into England with a Party and fall upon Duke Hamilton in the rear to divert him July the 20. The Speaker told the Commons 110. D. Hamilton's Letter and Decaration brought to the House that Major General Lambert had made stay of a Scottish Gentleman one Mr. Haly-barton who passed through his quarters with Letters from D. Hamilton to the two Houses and the King that he found about Mr. Haly-barton divers private Letters for the carrying of which he had publick on Authority and therefore Lambert made bold to seal those private Letters in a packet by themselves with his own seal and Mr. Haly-bartons That Lambert had sent up Mr. Haly-barton with one Lieut. Col. Osburn a Godly Scottish Gent. and another Keeper in nature of a Prisoner 111. L. Col. Osburn a fugitive Scot. This Osburn delivered that private packet to the Speaker so a Committee was named to peruse that private packet and Osburn was called into speak what he knew who delivered at the Bar that the Godly party in Scotland were oppressed and trodden under foot by Duke Hamilton's party that their very souls we afflicted at his proceedings that the Kirk of Scotland with one mouth proclaimed in their faces their engagement and proceeding thereupon to be damnable and destructive he desired the House not to look upon these proceedings as the Act of the Nation of Scotland since there were a great many Godly men who hoped the Lord would enable them in his good time to march into England with the Marquesse of Argyle and fall into the rear of Duke Hamilton with a diversion He reported the Scots that came in to be but 8000 Horse and Foot and Langdale but 2000. Then was read the Letters of D. Hamilton wherein He complaineth no answer had been given to the Parliament of Scotlands just desires of the 26 April last that by authority of the Scottish Parliament he was necessitated to come into England according to the Covenant and not without the invitation of divers wel-affected English who had taken the Covenant There was a Declaration inclosed in the Letters which the prevailing party obstructed the reading of yet the Lords having printed it they have since read it in the House and presently the question was put that all such English as have invited the Scots under D. Hamilton to come in hostile manner into England shall be declared Traytors and carried in the Affirmative I formerly told you that about 12 July Weaver moved that the Prince of Wales might be Voted a Traitor what they could not then carry with a fore-wind they now brought in again with a side wind but who doubts but the Prince invited in the Scots to the relief of his Father and himself oppressed and imprisoned contrary to the Solemn League and Covenant by a Rebellious Army and a schismatical party of both Houses engaged with the said Army And that the Scots are come in according to the Covenant only 112. A motion in the House of Commons to Bayl Rolf. A little before this time Tho. Scot Sir P. Wentworth Blackstone C. Harvy Hill the Lawyer and others pressed the House with much earnestness to Bayl Rolf committed Prisoner to the Gate-house upon the Complaint of Mr. Osburn for endeavouring to make away the KING uâ—ing many words in his commendation for his godliness and faithfulness and complaining of his hard usage in Prison where he lay amongst Rogues It was opposed by many because High Treason is not baylable by the Law neither is the House of Commons a Court of Judicature and therefore can neither Imprison nor Bayle any but their own Members At last Mr. Sam. Brown moved that a Committee might examine the businesse for matter of Fact and report to the House and then the House if they saw cause might Bayle him and bind over Master Osburn to prosecute him next term in the Kings-bench This motion took effect and great care was taken for the present that Rolf might have better entertainment in the Gate-house according to his quality having been not long since a Shoo-maker one of the Gentle-craft 113. The Speakers Warrant to search for the Foot-boy that beat Sir Hen. Mildmay About this time 2 Files of Musketiers by warrant from the Speaker of the House of Commons came in the dead time of the night to the Houses of Sir Paul Pynder and Alderman Langham pretending to search for the Foot-boy that beat Sir H. Mildmay They forced open the doors of Sir Pauls house and searched with great diligence but could not do the like at Alderman Langham's who being guilty of having some Money in his House durst not adventure to obey the Warrant and open his doors nor had he reason to do it his House by the Law being his Castle of Defence the privilege thereof not to be violated but in case of Felony or treason Compare the diligent prosecutions in the behalf of Sir Harry Mildmay with the slack and negligent proceedings in the behalf of the King and you will find a new practical Law contrary to the old known established Law that a trespasse against a Grandee though but a Subject is more than a treason against a King Fears and Iealousies arising from several Informations as that of Croply and Hyde called 114. Fears and jealousies cause the City to resume the power of their own Militia The Resolutions of
their safety they must have recourse to the Law of Nature and Act in their Militia without the Houses in order to Self-defence allowable by all Laws and practised by this very Parliament against the King and by Fairfax's Army against this Parliament The Prayers of his Speech were three 1. That Skippon's Listed men might be under the Militia of the City 2. That the expired Ordinance for Listing Forces might be revived 3. That the Militias of Westminster Southwark and the Hamlets might be united with the City as formerly To this clause of having recourse to the Law of Nature for Self-defence great exceptions were taken in the debate of the House by the two Ashes Ven Harvy Scot Weaver and other of the Godly pack That the Parliament having fought with the King for the Militia and having got it by the Sword any other Interest upon any title whatsoever should dare to lay claim to any part of it You see these Lyons of the Tribe will allow no Beasts of different kind to share with them in their prey although they did sweat and bleed with them in the hunting and catching it The Grandees may as well say they have conquered our Laws and Liberties for as I have in my General Conclusion cited they say That they fought with the King for his Negative Voice and Legislative Power and that God hath by the Verdict of the Sword given judgement for them and yet when the King claimed them by a better and more legal Title than the Sword they could object the equity of the Laws against the killing letter of them which they say directs still to the equitable sense of all Laws as dispencing with the very letter thereof as being supreme to it when safety and preservation is concerned and alleging That all Authority is seated fundamentally in the Office and but ministerially in the persons and that it is no resisting of Magistracy to side with the just Principles of Nature See the Declaration and Papers of the Army p. 39. 40. and the Ectact Collect. p. 150. alibi passim In conclusion after a tedious debate the desires of the Citizens were referred to a Committee of the House to be wyer-drawn into an Ordinance That all Forces raised and to be raised in the City of London and the Liberties thereof should be subject to the Militia of London whereof Skippon is a Member and under the Command of Major General Skippon When this Ordinance will be perfected what the sense and meaning of this Riddle is and what dangers may befall the City if Colchester be taken or the Scots beaten before they have leave to put themselves into a posture of defence God knows It was farther referred to bring in an Ordinance for uniting the aforesaid Militias You see how jealous they are of late of the Militia since the Grandees entertained new Principles and new designs In the Propositions presented to the King at Newcastle the Proposition for the Militia hath this proviso Provided that the City of London shall have and enjoy all their Rights Liberties Franchises and Customs and Usages in raising and employing the Forces of that City for the defence thereof in as full and ample manner to all intents and purposes as they have or might have used or enjoyed the same at any time before the making of this Act or Proposition to the end that City may be fully assured it is not in the intention of the Parl. to take from them any Privileges or Immunities in raising and disposing of their Forces which they have or might have used or enjoyed heretofore This is a clear confession that by the antient Customs and Usages of the City they have Right to their own Militia or else this Proviso were vain howsoever the learned Counsel of the City fool them The like proviso word for word is contained in the Proposition for the Militia of Hampton Court saving that the last clause That the City may be assured the Parliament hath no intention to take from them any Privileges c. is omitted I think to please the Army and their engaged party See the Letters Papers Transactions of the English Commissioners in Scotland with the Scots c. p. 58. Wednesday 16 August The Kings said Letter was read 132. The Lords Votes upon the Kings Letter debated in the House of Cmmons and the Lords Votes thereupon first after some little opposition the Commons concurred with the Lords in recalling the 4 Votes for making and receiving no Addresses to or from the King thereby 1. Absolving him from a kind of Parliamentary Excommunication 2. Restoring to all Free-born Subjects the Liberty they are born to of presenting their humble desires to his Majesty and performing the duties of their Allegiance and Oath And 3. Reducing themselves unto that scope and end for which only the Writ summons them as a Parliament viz. To Treat with the King The second Vote was To recall the Instructions of Parliament given to Hammond how to carry himself in his Charge towards the King His Servants and all Resorters to Him c. This was laid by to be debated in the last place after all the rest of the Lords Votes The third Vote read was That such men of all professions as the King should send for as of necessary use to Him in the Treaty may be admitted to wait on him and that He might be in the same state of Freedom He was in when He was last at Hampton-Court This Vote instead of concurring with the Lords was divided The first part after many objections to it was moulded into this following question and carried in the affirmative that His Majesty might send for men of all professions and he being desired first to send a List of their Names to the Parl. and nominating no Person excepted out of Pardon none that have been in Actual War against the Parliament nor any man that is under restraint of the Parliament The latter part of this Vote for enjoying such Freedom as he was in at Hampton-Court was diversly argued for the Ambiguousnesse of it the question being Whether such freedom as the Parliament allowed him or such freedom as the Army for their own ends gave him de facto were intended at last the question was agreed to be in Terminis The fourth Vote was that the Scots should be invited to the treaty this likewise was doubtfully argued 1. Whether they should be invited by the Parliament considering they had broken the large treaty National Covenant and Union by surprizing and Garrisoning Barwick and Carlisle and by entring England with an Army This was carried in the Negative The 2. Debate was Whether it should be left to the King to invite the Scots to send some persons authorized to treat upon such Propositions as they should make for the Interest of Scotland only This likewise was opposed for the reasons aforesaid and because the Power and Authority of Scotland was now in the hands of
is never unfurnished with dormant Articles of Faith upon all emergent occasions 15. Supposititious Privileges of Parliament see The History sect 105 106. so the Grandees are never unprovided of dormant Privileges of Parliament which they call by a new canting word lex Parliamenti in opposition to lex Terrae with these they boulster out their designs These Privileges were much insisted on in their Impeachments of the Members and Aldermen and whosoever pleads against them in his own defence and flies from those Privileges to the known Laws for Sanctuary is cried out upon for overthrowing the Jurisdiction and Privileges of Parliament and therefore guilty of Malignancy thus John Lylburn suffers if he does not plead against them he laies his head on the block at the mercy of those mercilesse men This net caught many a Wood-cock until the said Aldermen and Sir John Maynard broke through it and spoiled the cock-road The Grandees of the Parliament and Army have so totally subverted our fundamental Government and Laws 16. The confusion this Monarchy is btought unto see The History sect 105 106. that they have neither Monarchy nor Common-wealth left non jam Respublica sed magnum latrocinium est we have not so much as a face and shadow of Government remaining we have a KING de jure but so wholly eclipsed and disabled to perform Acts of Government by his close imprisonment that for the present we have no King de facto and every man doth what seemeth good in his own eyes we have Magistrates Judges and Justices de facto but not being constituted and ordained by any lawfull Authority nor under any authentical Great Seal according to the Laws of the Land they are not Magistrates and Judges de Jure so that if we look upon the King our Supreme Governour our violent Grandees have brought an Inter-regnum upon us If upon our Magistrates Judges c. they have brought a Justitium a totall eclipse of Justice upon us It follows then that both the imperative and coercive power of the King and Magistrates the legislative power of the Parliament the judicative power of the Judges and Justices are all suspended and in Abeyance and like a Watch when the principal wheels are broken no part can move to perform its function Contzenius the Jesuit in his Pol saies He that will introduce a new Religion or a new form of Government must utterly abolish the old and erect his new Fabrick upon the ruines of it You see they have been apt Scholars in this doctrine of the Jesuite this 7 years which they have spent in Demolishing but what form of Government our Grandees wiâ—â— eâ—eâ—t upon the ruines they have made doth not yet appear nor how all just interests and mens particular Estates shall be preserved from being buried under the ruines of this earthquake 17. The Regal Legislative and Judicative power usurped The King is the only supreme Governour of this Realm of England to regulate and protect the people by commanding the Laws to be observed and executed and to this end He and He alone beareth not the Sword in vain yet the KING by himself can neither make repeal or alter any one Law without the concurrence of both Houses of Parliament the Legislative power residing in all three and not in any one or two of the three Estates without the third and therefore no one or two of them can exclude the other from having a Negative voice in passing repealing or changing of Laws nor can the King by himself or joyntly with the Lords and Commons judge what the Law is this is the office of the sworn Judges of the two Benches and Exchequer who are the known Expositors and Dispensers of Law and Justice in all causes brought before them yea they do declare by what Law the King governs thereby keeping the KING from governing arbitrarily and enslaving the People And these Judges of the Law have always been authorized by the King and all legal proceedings have been in his Name and by his Authority 1200 years before Magna Charta granted or any set form of Parliament established The Law it self is called the Kings Law the Realm the Kings Realm He is the fountain of justice mercy honour witnesse all our Statues Law-Books and Histories and the Oaths of Supremacy which every Member taketh before he sits in Parliament Now for any one man or any Assembly Court or Corporation of men be it the two Houses of Parliament to usurp these three powers 1. The Governing power 2. The Legislative power 3. And the Judicative power into themselves is to make themselves the highest Tyrants and the people the basest slaves in the world for to govern supremely by a Law made and interpreted by themselves according to their own pleasure what can be more boundlesse and arbitrary they may put to death whom they please for what cause they please and confiscate his estate to their own use yet this the two Houses of Parliament or rather an overpowring party in the two Houses seasoned with a Schismatical humour of singularity have lately done 1. For the Governing power 1. They coyn enhaunce and abate money 2. They make War and peace and continue an extraordinary Militia of an Army upon us 3. They declare who are Enemies to the Realm 4. They maintain forein negotiations 5. They regulate matter of Trade and exercise other Regalities whereas all Jura Regalia belong only to the King as Supreme Governour 2. For the Legislative power They exclude the King from his Negative Voice and the two Houses obtrude their Ordinances things so new that they are not pleadable in any Court of Justice as Laws upon the people laying an excise Assessements and Taxes upon the People They Vote and declare new-Treasons not known by the statute 25 Edw. 3. nor by any other known Law yea even to make or receive any addresse to or from the King and they account it a breach of Privilege if men do not believe it to be Treason being once declared They out men of their free-holds and imprison their Persons contrary to Magna Charta by Ordinances of Sequestration c. 3. For the Judicative power They erect infinite many of new Judicatories under them as their Committees of complaints of secret Examinations of Indempnities their Country Committees where businesses are examined heard and determined without nay against Magna Charta and the known Laws nay even in capital crimes they wave the Courts of Law and all Legal proceedings by Outlawry Indictment or Tryal by Peers and Bill of Attainder which is the only way of Tryal in Parliament For the Parliament cannot judicially determine any thing but by Act of Parliament and set up new-invented forms of proceeding before the Lords even against free Commoners although the Lords be not their Peers as in the case of the four Aldermen c. and the Arch-bishop of Canterbury They defend these doings by a pretended necessity
whereby multitudes of you are undone and yet the Armies Arrears and all other Taxes are exacted from you with as much cruelty as you lost nothing Remember that Butchery committed upon the unarmed Apprentices when Cromwel cried to the Souldiers to kill man woman and child and fire the City at which time his Nose looked as prodigiously upon you as a Comet Remember the scorn put upon you by a Grandee when you were enabled to put up your Chains again That the House had consented your Posts should have Chains as well as your Aldermen and did as well deserve them And Weaver's word when your Guards came to attend the House that 60 of the Army should beat 3000 of them Remember how unwillingly and juglingly they restored unto you the Tower first plundered of all its ammunition you formerly had in it and part only of your Militia and that clogged with many restrictions they that bestow gifts so grudgingly upon you when they are weak will deprive you of them again when they are strong Adversity makes them your false friends Prosperity your real Enemies Necessity only ties them to you have a care therefore you do not relieve their necessities lest you lose them like the frozen Snake in the bosome when they grow warm they will bite and sting You seem to have forgotten the unjust imprisonment of your Aldermen the unfaithfulnesse and inconstancy of their Votes and Ordinances even for security of Money and Land bought the several Informations and Testimonies you had of their good intentions to borrow more of your Money not by way of Loan nor upon the Publique Faith but by way of plunder Notwithstanding all these injuries and many more as if God had infatuated you to destroy you you suffer a corrupt Faction within you to List men to the amazement of your neighbour Counties whose principles you first examine and if they be not Independents you trust them not with Arms. I hear of a young man who being asked of what principles he was he answered That in these doubtfull times he professed no principles but gain to whom was replied then we are of one principle for we are resolved to keep what we have got Behold the Principles of these men that obstruct our peace consider that Heaven and Earth have denounced war against these men and that God himself hath touched the hearts of all men as one man to rise against them and demand to have Peace Religion and Justice restored When the whole Kingdom shall rise in a flame what will be your lot but smoak in your eyes and at last a consuming fire in your bowels when you only shall be left to maintain this domineering Army with your money and to recruit them with your blood many of their Officers say already That the Country is exhausted of Money and you shall be their purse-bearers but because you are a curst Cow they must keep the Army about you that the Souldiers may hold you by the horns whilst their friends milk you Consider how absolute a necessity and how general a resolution there is that all things should return to their old channel If you stop the violence of this Torrent it will swell untill it overwhelm and drown you You that are guiltless joyn not with the guilty you that are guilty sin no more there will be mercy for you if you repent and amend in time The very multitude of offenders will help to excuse your offences let not despair huâ—â— you from one sin to another until you fall into destruction as â—â—aid Judas whose Despair by all Divines is held to be a greater iâ—piety than his Treachery by the first he sinned against the God-head of Christ by the second against his Manhood only The Remonstrance and Declaration of the Knights Esquires Gentlemen and Freeholders in COLCHESTER PEtitions the birth-right of Subjects are by Law our addresses to our King Gods Vicegerent by custom our approaches to the Houses of Parliament His Majesties great Council by them we used humbly to present our modest desires and were wont to receive answers as Gideons fleece the dew without noise yet satisfactory but that was denied our first Petition and before our second could be ready our brethren of Surrey by theirs ecchoed our prayer to both Houses of Parliament but received their answer as the Jews their Law in thunder and lightning a two-edged sword the tongue and the report of Muskets the voice which spake nothing but wounds and death We therefore thus admonished resolved thus to present our grievances to the World and our Petitions to Heaven for a blessing upon our intended indeavours Our grievances are these 1. First the distraction and threatned ruine of our glorious Protestant Church the neglect and abuse of Religion the destruction of our Universities the springs of all Learning Divine and Humane occasioned by the fierce and ignorant Separatists set up and maintained as Rulers both in Church and State by the prevalency and violence of a rebellious and destructive Army under the command of the L. Fairfax and countenanced by the seeming Authority of a pact unfree and over-awed House of Parliament 2. Next that contrary to the Oath and duty of Allegiance from which no power can nor yet hath pretended to absolve us our Soveraign Lord the King is by the design of the said Army drawn from His House at Hampton Court to the Isle of Wight and there by the power of Col. Hammond and others of the Army Imprisoned and detained from His Parliament by which act the said Hammond and all adhering to him are according to the Votes passed in both Houses 16. March 1641. Enemies to the peace of the Kingdom 3. A third is the violent and unchristian separation of the King His Royal Consort and Children at once depriving His Majesty of the two first blessings bestowed on Man 4. The forcing the Queen and Prince of Wales to seek in a forein Nation what in their own they could not enjoy liberty safety and support 5. The exercise of Martial Law while the Courts of Justice are open and sitting at Westminster the obstructing justice in our Courts of Judicature and by the privat Committee of Indemnity perverting judgment and exercising arbitrary power which is a subversion of our ancient Laws and an introducing of a tyrannical government as was resolved by both Houses in the Cases of the E. of Strafford and Archb. of Canterbury and writ in their bloud 6. Sixtly the present mischief and future danger to the whole Kingdom by reason that the publique affairs of highest concern are managed and carried on by a few particular men in a private Committee at Derby-house wherein contrary to the self-denying Ordinance the prime actors are chief Officers of the Army and have by our unhappy differences possest themselves of the most beneficial offices and imployments of the Kingdom and the other Places of profit and commodity are by their design conferred on others Members
seeming Saints who have made the solemn League and Covenant intended for preservation of Religion His Majesties Honour and the just Liberties of the Subject to be the ruine of Religion the dishonour so far as in them lieth of His Majesty and the most absolute enslaving of all free Subjects not to Kings or Princes to Great men or Good men but to the very scum and off-scouring of both Kingdoms it being noâ— small grief to all that truly feared God that so many of the reputed honest Presbyterian party should out of base fear or other by-respects comply so long with these Stare-Juglers the Clergy being most active hastning thereby their own and the Kingdoms misery for they may be well assured if these Saints prevail they must as some of them have done already turn their Coats once more and become the Hirelings and tongue-tied Tenants at will to their Brethren of the Independency or be kicked out of their fat Benefices and possibly out of the Kingdom to prevent new Insurrections against them which they are cunning to procure having the power in their hand to repress all that dare appear against them may be ruined others by their example terrified and their Saints may enjoy the fatness of England but I would ask these violent Clergy-men of the Presbyterian Party that are unwilling His Majesty should be brought speedily to a Personal Treaty what their Assemblies of Divines have been doing for if that Confession of Faith set out in England approved of in Scotland be agreeable to the truth of Gods word as I know nothing to the contrary why should the chief Magistrate our dread Soveraign be any longer debard of his just dues is He worse than Infidel that you will assist those that deny His sacred Majesty that which they allow to Infidel Magistrates blush for shame and repent in time lest as they change their Votes every day according as the tide of their power ebbs and flows so they may soon force you to repeal that Article concerning the chief Magistrate or like the gloss of Orleans put an exposition upon it which destroyeth the text God send us peace and truth and preserve His sacred Majesty and his Posterity and confound the wicked counsels of all such as are enemies to Peace Truth and Monarchy Si quid novistirectius istis Candidus imperti Si non his utere mecum THE END ANARCHIA ANGLICANA OR THE HISTORY OF Independency THE SECOND PART BEING A Continuation of Relations and Observations Historicall and Politique upon this present PARLIAMENT Begun Anno 16. CAROLI PRIMI By THEODORUS VERAX PSAL. 8.8 Virum sanguinum dolosum abominabitur Dominus Printed in the Year M.DC.XL IX THE PROTESTATION AND DECLARATION THe premises considered I do hereby in the name and behalf of my selfe and of all the Free People of England Declare and protest That the Generall Councel of Warre and officers of the Army by their said violent and treasonable force upon the farre major more honest and moderate part of the House of Commons being above 250. and leaving only 50. or 60. Schismaticks of their own engaged party sitting and voting under their Command and almost all of them such as have and do make a prey of the Commonwealth to enrich themselves and their Faction have broken discontinued and waged War against this Parliament have forfeited their Commissions And the remaining Faction in the House of Commons by abetting aiding and concurring with the said Councel of War in the said rebellious Force by setting up new illegal and arbitrary Courts of Judicature to murder King Charles the First our Lawful King and Governour who by his Writ according to the Law summoned and authorized this Parliament to meet sit Principium Caput finis Parliamenti Oaths of Allegiance and Supremacy and Advise with Him and was the Fountain Head and Conclusion or consummatory End of the Parliament and Supreme Governour over all Persons and in all Causes of this Kingdom and by Abolishing the House of Peers and the Kingly Office and dis-inheriting the Kings Children and Usurping to themselves the Supreme Authority and Legislative Power of this Nation in order to make and establish themselves a Councel of State Hogen Mogens or Lords States General and translate the said Supreme Power and Authority into the said Councel of State and then Dissolve this Parliament and perpetuate their said Tyranny and this Army and Govern Arbitrarily by the power of the Sword and raise what illegal Taxes they please and eat out consume and destroy whosoever will not basely submit to their Domination See 1. part sect 105 106. and the Conclusions 15 16 17 18. and returne to sect 79 109 110. Stat. of Recognition 1. Iac. Oaths of Allegiance and Supremacy have by the aforesaid ways and means totally subverted this Kingdome and destroyed the fundamental Laws Authority and Government thereof Dissolved and Abolished this and all future Parliaments so that there is now no visible lawful Authority left in England but the Authority of King CHARLS the Second who is actually KING of all his Dominions presently upon the Decease of the King his Father before any Proclamation made or Coronation solemnized notwithstanding that by his unjust Banishment causâ—d by the interposition of the said traiterous combined Antimonarchical Faction He be eclipsed for the present and not suffered to perform any Acts of Government to his three Kingdoms and restore peace plenty justice mercy Religion Laws and Liberties to them again which no Hand but his own can bestow and therefore in vain do the people long for expect Figs from thistles Grapes from thornes This Kingdom of the Brambles now set up being only able to Scratch and Tear not to Protect and Govern them I farther Declare and Protest That this combined traiterous Faction have forced an Interregnum and a Justitium upon us an utter suspension of all lawful Government Magistracy Lawes and Judicatories so that we have not de jure any Laws in force to be executed any Magistrates or Judges lawfully constituted to execute them any Court of Justice wherin they can be judicially executed any such Instrument of the Law as a lawful Great Seal nor any Authority in England that can lawfully Condemn and Execute a Thief Murderer or other Offender without being themselves called Murderers by the Law all legal proceedings being now coram non Judice nor can this remaining Faction in the House of Commons shew any one President Law Reason or Authority whatsoever for their aforesaid doing but only their own irrational tyrannical Votes and the Swords of their Army Wherefore I do further Declare and Protest before God and the World That all free-born subjects of the Kingdom of England and Ireland are bound by the Stat. of Recognition 1. Jac. and by all our Lawes and Statutes By their Oathes of Allegiance Obedience and Supremacy the Protestation and National Covenant by very many Declarations Remonstrances Petitions and Votes
of this Parliament and all Souldiers are engaged also by their own Declarations Remonstrances and Proposals to defend assert and vindicate with their Lives and Fortunes the Person Authority Title of our aforesaid Lawful KING and Suprem Governour the undoubtful Heire of all his late Fathers Dominions CHARLS the Second by the Grace of God King of Great Britaine France and Ireland c. against all opposites and pretended Authorities whatsoever unlesse they will be guilty of the fowlest sinnes of Treason Rebellion Perjury and Perfidiousnesse against their God their King and Countrey and of prostituting the Religion Laws and Liberties of the Land their Wives Children and Estates to the lusts of an Armed Faction usurping a farre more Arbitrary and Tyrannical Power over our Consciences Persons Liberties and Estates then ever was known in England before or then is now used by the Russe Turk or Tartar or any the most enslaving and lawlesse Tyrants under Heaven An Exhortatory CONCLUSION to the English NATION Compare the Date of the K. Commissions with those of the Parliament and their Declarations on both sides TO conclude the series of Affaires and Action on both Parties especially of late rightly compared it appeareth by the sequel That KING CHARLES the First from the beginning took up Defensive Armes to maintain Religion Lawes Liberties and the Antient fundamental Being of Parliaments and this Kingdome and that there alwayes was and now especially is a predominant Faction in Parliament notwithstanding their frequent Declarations Remonstrances Petitions Protestations Covenant and Votes to the contrary conspiring with a Party especially of Commissioned Officers of the Army without the Houses to change the Fundamental Lawes and Government of the Church and Common-wealth to usurp into a few hands the Supreme Authority to enslave the People with an Oligarchical Military and Arb trary Government to raise what illegal Taxes they please to establish their Tyranny and enrich themselves and their Party to oppresse consume and devoure all Men of a judgement contrary to their Interest to Murder them by new declared arbitrary Treasons contrary to the Stat. 25. Edw. 3. for ascertaining Treasons to Disfranchise them of their birth-rights and make them Adscriptios Glebae Villains Regardante to their owne Lands which the Nobility Gentry and Yeomanry plough sowe and reap whilest Brewers Dray-men and Coblers eate drink and play upon the sweat of their Labours and are the Usufructuaries of their Estates All which they have lately brought to passe wherefore let all true Engl shmen as becomes good Christians good Patriots and gallant Men claim their Birth-rights and with one voice cry out 1. We will not Change our Ancient setled and well-approved Lawes to which we are sworne 2. We will not Change our Ancient and well-tempered Monarchy to wh ch we are sworne 3. We will not change our old Religion for New Lights and Inventions 4. We will not subject our selves to an eighth part of one Estate or House of Parliament sitting under a force and having expelled two hundred and fifty of their Fellows more Righteous then themselves by force and usurping to themselves the Supreme Authority 5. We will not be subjected to a new Supreme Authority usurped by fourty ambitious covetous Tyrants arrogating to themselves to be a Councel of State and designed to supply the room of Parliaments under what name or title soever they shall mask themselves 6. We will not submit our selves to a Military Government or Councel of Officers 7. We must and will have A KING See the Star of Recognition 1. Iac. and the Oaths of Allegiance Obedience and Supremacy and The KING whom the Lawes of God and this Land have designed to us we being by the Oaths of Allegiance Obedience and Supremacy sworne to beare faith and true Allegiance to KING CHARLES the First his lawful Heires and Successors Hic telum infigam moriarque in vulnere Postscript REader at the latter end of my First part of The History of Independency I have presented to thy consideration some General Conclusions arising out of the Premises the same Conclusions does naturally arise out of the Premises of this Second Part of the History and do as aptly serve to illustrate this Second as that First part wherefore to that First Part I send thee for opening thy understanding When our old Lawes run again into their Ancient Channel and the Sword of Murder is sheathed and the Sword of Justice drawn the Author engageth to publish his Name and Apology and shew what he hath done and suffered for the Parliament and Kingdom THE END TO THE READER READER having spoken to thee in the First Part I might have forborn thee in this Second did I not feare to seem guilty of the fullennesse and malignity of these times The subject-matter of my Book is a Combination or Faction of Pseudo-Polititians and Pseudo-Theologicians Hereticks and Schismaticks both in Divinity and Policy who having sacrificed to their Fancies Lusts Ambition and Avarice both their God and Religion their King and Country our Laws Liberties and Properties all duties Divine and Humane are grown so far in love with their prosperous Sins as to entitle God himself to be Father and Author of them from whose written Word and revealed Will held forth to us in the Scriptures as the only North Pole and Cynosure of our Actions where they find no warrant for their doing they appeal to the secret Will and Providence of God to which they most Turkishly and Heathenishly ascribe all their enormities only because they succeed and from that Abysse of Gods Providence draw secondary principles of Necessity and Honest Intentions to build the Babel of their confused Designes and Actions upon not considering that wicked Men perform the secret Will a God to their Damnition as good Men do the known Will of their Father to their Salvation If a Man lie sick to death and his Son wish him dead this is Sin in the Son although his desire concur with the Secret Will of God because the Son ought to desire the preservation of his Fathers life whereto the Will of God revealed in his Word obligeth him and vivendum secundùm Praecepta non secundùm Decreta Dei The secret Will and Providence of God can be no rule and law of our Actions because we know it not nor can search into it without presumption We must not therefore altum sapere think our selves too wise and well-gifted to tie our selves to the Scripture of God and lust after Revelations and Inspirations expecting God should rain Bread from Heaven for us Manna Exod 16.4 but be wise unto Sobriety But prosperum scelus virtus vocatur Thus casting off the written Word of God unless where by an enforced Interpretation they can squeeze Atheisme and Blasphemy out of it as they do somtimes rack Treason Murder and Non-sense out of our Laws and Parliament-Priviledges conducible to their ends they insensibly cast off God himself and make themselves both the
take in them whose miseries we foresee but cannot help When I consider the intricacy of this my undertaking how perplexed it is how intangled with various changings counterchangings revolutions revoltings and betrayings of Parties such are all Civil Wars but especially those where the most uncivil and barbarous sort of men the dregs and lees of the People swim a top how full of divisions and subdivisions insomuch that they who are Friends and hold together in one Interest or Faction are Opposites in another Methinks my labour is as vain as his that attempted to take the Picture of Proteus or his that endeavoured to shape a Garment for the Moon When God brought a confusion but of Lips and Tongues upon Babel what man was able to reduce them into order again But God hath brought upon us a Confusion a Babel not onely of Lips and Tongues but of Heads Hearts Hands c. What Historian can finde a method in so universal a Chaos can draw light out of so palpable a darkness Besides I foresee my reward to be envy hatred malice contempt slanders sequestration beggery imprisonment and at last an Arbitrary death without any legal trial proceedings Jury Judges or Court or any known established Law to judge by Obsequium amicos veritas odium parit I have already followed truth so near at the heels although but a private retainer to her that almost all my teeth are secretly stricken out what dare they not now do openly against me since by murdering our King dis-inheriting his Posterity subverting Monarchical Government abolishing the House of Lords and perverting the House of Commons setting up new Representatives with Supreme and Legislative Power and new Courts and Jurisdictions against all Laws they Proclaim themselves Conquerours of King Parliament and Kingdome Victors of our Religion Laws Liberties and Properties and Triumphers over our Persons Wives Children and Estates since they profess their will and power to be the onely Laws and Rules of their doings and our sufferings But when I consider that as no mans inncency so no mans reservedness can protect him but that some men must dye according to Catilines rule to make up the number others to multiply confiscations others to satisfie private suspicions malice and revenge and they must dye to cement and foment this new erected Tyranny with their blood I thought it as easie and more honourable to dye waking and working for my God my King and Country than to dye sleeping and have my throat cut in a Lethargy I know these Schismaticks thirst as much after blood as they hunger after money and I am sure to be involved in the common and inevitable ruine of my Country why should I not rather perish for it now then with it hereafter It is more manly more noble more Christian Dulce decorum est pro patria mori was the saying of an Heathen why not of a Christian Religion Laws and Liberties lye now at stake why should not I come in for a Gamester It is a mixt cause and he that dyes for it is a Martyr He that fears Death must be a slave to those Tyrants that carry the Sword he that fears Poverty must be a Villain to those Judasses that bear the Purse but hee that fears God will borrow strength from him to contemn them both Thus putting my trust in God I put Pen to Paper and put my life into the scales where God I know holds the ballance he whose providence takes notice of a Sparrow falling from the house-top will watch over me and either protect me against them or receive me from them 2 An Introductory Repetition See my 1 Part of the History of Independency sect 7 8 9 10 11 13 14. Cromwel and Ireton by advice of their thriving Junto of Independents in the two Houses having mutinied the Army against their Masters the Parliament found that crime could not be defended but by committing greater wherefore they seized the Kings person at Holdenby to gain Authority with the People that they might the better subdue the Parliament to their lusts for the better expediting whereof Sect. 18 119. they courted the City of London to sit Neuters and let them work their wills with the Parliament which Myne not taking fire they united the schismatical party of the City and Country to them and all such as being guilty of publick cheats and spâ—â—ls desired the protection of the Sword to make good their rapines and accounted all men else as Enemies applying themselves to wooe and cajole the People easily wrought upon as being weary of the War and of the mis-government Factions confusions and oppressions of their new Masters the Parliament which indeed were very great but aggravated by them and their Agitators beyond the truth and the whole weight of them charged upon the more moderate and innocent party onely because they were their Opposites whereas had they set the saddle upon the right horse as sure as Judas bore the Bag the Independents must have rid before the Cloakbag they being the Publicans and Sinners that handled most publick treasure The Layers on Exactors Treasurers c. of Taxes the far more numerous and busie party in all Mony-Committees and gainful imployments Engrossers of all great Offices and the greatest sharers of publick money amongst themselves for Compensations for Losses and Rewards for Services pretended and consequently that Faction were the greatest Dilapidators of the Commonwealth Oppressors of the People and Authors of confusion though according to custome by an impudent fallacy called Translatio criminis the Independent Faction lay their Bastards at other mens doors making a shew to redress those faults in other men which themselves are chiefly guilty of wherefore the better to ingratiate themselves with King and People they printed and published Ingagements Declarations Remonstrances Manifestoes Proposals and Petitions of their own penning and sent them by their Agitators and sectary Priests into all Counties for concurrence and Subscriptions the better to steal the respects of the People from the Parliament to themselves like Absolom they flattered the People to make Addresses and Complaints against publick Grievances to them onely Boasting themselves for the sole Arbitrators of Peace Restorers of Laws Liberty and Property Setlers of Religion Maintainers of the Privileges of Parliament Reformers and Callers to Account of all Committees Sequestrators Treasurers c. Deliverers of the People from that intolerable Excise and other Taxes But above all Preservers of all just Interests and Restorers of the King to his just Rights and Prerogatives with honour freedome and safety to his Person originally their own words Book of Declarations of the Army pag. 112. Represent of the Army at S. Albons June 23. 1647. B Decl. again p 64. Sir Tho. Fairfaxs Letter to the Houses from Reading July 6. 1647. B. Decl. again p. 75. Proposals of the Army Aug. 1. 1647. Putney Projects p. 13 14 43. and my Animadversions upon the Armies
divides them amongst themselves self-respects makes them run along blind-fold with the Grandees in any designe or faction A good bargaine makes a bad Man Harvey needs no other president but himselfe nor no more visible monument then his exceeding cheap bargaine of Fulham-house and Manour which hath changed him from a furious Presbyter to a Bedlam Independent About this time it was Ordered 9. A Commission into the North to enquire what dammages they have sustained by the Scotish Invasion That Commissions should be issued forth into the Northerne Counties to enquire what Damages they have any waies sustained by Hamilton's Invasion This device was of a twofold use 1. To cut off the Scots demands for Mony due to them for their last Brotherly assistance and otherwise 2. To cajole the poor Country into a beliefe they shall have reparations against the Scots and raise them into a clamorous complaint against the Scots and at last a deadly feud when they shall finde their hopes denied by them and disappointed In the meane time they are patiently eaten up with Taxes and Free-quarter and while they looke for what they shall never have they lose what they have already This was the much applauded invention of Master St. Jâ—hns of Lincolns-Inne 10. Colâ—hester surrendâ—ed with the sequele thereof About this time the newes of the Surrender of Colchester inflamed the Antimonarchical faction from a Feaver to a frantick Calenture They yeilded to mercy and within 4 hours after Sir Charles Lucas and Sir George Lisle for the better explanation what Independent mercy is were shot to death some attribute it to an old quarrell between him and General Fairfax others think it was done to put an affront upon the King and the Treaty Colonel Farre was likewise condemned by the Councel of Warre at the same time but is reprieved as a witnesse against the Earle of Warwicke when time serves for when Warwicke long since waited at the Commons Door with some Ladies to petition for a Reprieve for the Earle of Holland a Souldier of the Guard insolently told him He had more need petition for himself 11. Instructions for the Commissioners to Treat with his Majesty Instructions for the Commissioners to Treat with the King were Debated The Independents propounded that those Propositions that were most advantagious to the Parliament should be first debated and if the King did not confirme them all the Treaty to break off But it was held unreasonable in any Treaty that one Party should bind himselfe before the conclusion and leave the other at large and himself in the lurch so it was Ordered They should be Treated of in order as they lay and according to His Majesties desire nothing binding to either Party untill all was agreed of The next stumbling block cast in the way was that seeing 40 daies onely were allowed for to Treat that they should limit how many daies and no more should be spent in Treating upon every several proposition But this was looked upon as a cavil to make void the Treaty and so over-ruled you see what use these men that gaine by VVar make of their Victories 12. A Debate what Gentl. should be allowed to attend his Majesty in the Treaty The next thing debated was the List of such Gentlemen as were named to attend the King in this Treaty The moderate Party excepted against Ashburnham a great man with Cromwell 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 were unduly imprisoned 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 was no farther proceedings therein 13. Master Pryns speech in the House proving the Kings conâ—essions to be a ground for a setlement Thus farre I have briefly set downe the Preparations towards a Treaty the Treaty it selfe between the King in the Isle of Wight and the Parliaments Commissioners their Reports of the Results to the Houses and the Houses Debates and Votes upon them took up almost all the time until the 6. December 1648. some few businesses of no great moment intervening many imperfect and partial Relations of them have been printed cum Privil gio but Mr. Will. Pryn in his excellent Speech made in the House of Commons 4. Decemb. 1648. and since printed hath set down all the most material Arguments on both sides with great candor and ingenuity and hath confuted the Enemies to Peace and Accommodation if strength of Reason can confute those men that follow only their own Interests of power and profit whose wills and lusts have alwayes bin their own Lawes and are now become the only Lawes of this Conquered Kingdome I love not actum agire I referre my Reader therefore to his Speech and will only trouble him with 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 will only say that without them the King cannot be a Governing King but a bare titular King a picture a shadow because the protection of the people depends upon the power of the Sword He cannot protect them and their Lawes with the Scabbard The Authority of the Scepter followes the power of the Sword wherefore to give away one is to lose both nor can the Subjects be any longer his Majesties Subjects but Slaves to their fellow Subjects when so many petty Kings not authorized by any Law of God or Man to protect the People shall hold the Sword over their Heads and distract them with different Opinions disagree in Commands according to the variety of their severall lusts factions and interests how can the King according to his Coronation Oath and duty to which God hath called him Governe and protect his People 1. part sect 40. 41 42. when he hath given away his Sword to a factious Parliament where one Party tyrannizeth over the other and threatens the other with the longest Sword how absurd and impossible it is for the Subject to expect protection from one hand and to sweare and pay Allegiance to another hand that hath divested it self of all power to protect them let our Lawes the practice of all Nations and times and the judgement of the learnedst Politicians tell you whose Maxime is Illa optima est Respublica ubi Princeps quà m maximum potest boni quà m minimum mali Primò ne nova Tributo indicere nova victigalia 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 Government where the King can doe most good and least evill 1. Let Him be disabled to raise new Taxes and lay on new Tribute 2. Let Him not have the sole power to make or repeale Lawes which ought to belong to the Common-wealth not any one Magistrate for no power is more hurtfull to the people nor stirres more Commotions then these two such is the Kingdome of England the King hath neither the power of our Purses nor the changing of our Lawes in His hands and if he give away his Sword he will be such a King of clouts as can do neither good nor evill like Rex Sacrificulis at Rome ea summa potestas dicitur quâ secundum Leges non est major neque par such was the Dictator at Rome he had no equall there Papyp cursor dictator adjudged to death his Generall of the Horse Fabius for fighting against his command though prosperously and rejected all appeale to the Senate and Tribunes of the People yeilding at last onely to their prayers with this saying Vicit tandem imperii majestas such is the King of England the Common-wealth cannot compell him to grant a Pardon or dispense justice or mercy as they please the Oath of Supremacy calls Him Supreame Governour in all Causes over all Persons so doe all our Statutes to whom in Parliament which is his highest sphere of majestie is the last appeale by Writ of Error who is Principium caput finis Parliamenti the beginning head and end of the Parliament and therefore he onely calls the Parliament to advise with him and dissolves it when he is satisfied He makes Warre and Peaee See the 1. part of this History Prolegomena 1. and is Protector of the Lawes and of all just interests onely the policy of the Law disables him to make repeale or alter Lawes or raise Monies without consent of both Houses by Bill passed which is but an Embrio until he quickens it by his Royal Assent because this way the King may doe most hurt and wrong to his people as I have already said it being the wisdome of our Lawes to keep the Sword in one hand and the purse in another The 1. 15. The 1. Proposition for jâ—stifying the Parliaments and condemning His owne quarrell proemial Proposition for justifying the Parliaments Cause and Quarrell and condemning his owne Cause and Party was a bitter pill but an earnest desire of peace sweetned it and guilded it over and invited him to swallow it without chawing or ruminating upon it but how devilish unchristian and illegal a use the Faction hath made of this extorted confession let God judge Their insisting upon it that the King should take the Covenant 16. The Covenant endeavoured to be put upon the King was an errour in Policy whereof the rigid Presbyterians are guilty they supposing the King would take it at last stood upon it and intended thereby to joyne the King to their Interest and Party The more subtile Independent knew the King would not nor could not take it and therefore complyed with the Presbyterians in obtruding it upon him to break off the Treaty many things in the Covenant were vaine in the Person of His Majesty as that He should swear to maintain his owne Person c. which the Law of nature binds him to without an Oath which in this case is idle and a prophaning of Gods name some things in the Oath were contradictory to what the Parliaments Propositions desired of him as to maintain His own Authority in defence of Religion Lawes and Liberties which was impossible for Him to doe unlesse he kept the Militia in his owne hands and his Negative Voice also which that clause in the Bill of Militia That all Bills for leavying Forces should have the power of Acts of Parliament without the Royall Assent c. would have deprived him of by making their Ordinances Acts of Parliament in effect binding to the Persons and Estates of the People in an Arbitrary way to their utter enslaving To sweare to Abolish Bishops c. was against his Coronation-Oath To sware to extirpate Heresies Schismes c is more then the Independents would permit To sweare to maintaine the Vnion between the two Nations which the Parliament declare already to be broken by the Scots Invasion is vaine besides how unjust a thing was it to impose that Oath upon the King when most Members of the Parliament Army and others are left at large not to take it The Parliaments Demands That the King should declare against the Marquesse of Ormonds proceedings to unite all the Interests of Ireland for the service of his Majesty was no part of the Propositions upon which the Treaty was begun but a subsequent request upon an emergent occasion and therefore I see no reason why the King should have given any answer to it but onely have held himselfe to the original Propositions yet he did Answer That the whole businesse of Ireland was included in the Treaty and therefore a happy Agreement thereupon would set an end to all differences there which being voted unsatisfactory and moved that a new Declaration might be published against him the King was inforced to put a stand to the Marquesses proceedings by his Letter to his great prejudice yet these Declarers against him do now comply with Owen Roe Oneale and have entertained O Realy the Popes Irish-Vicar-general in England to negotiate for the Irish massacring Rebels with the Parliament These things considered prove what I finde in our late King Charles the 1. most excellent Book Chap. 18. That it is a Maxime to those that are Enemies of peace to ask something which in Reason and Honour must be denied that they might have some colour to refuse all the rest that is granted More observations upon this unlucky Treaty I will not trouble my Reader with these being enough to shew the vanity of those Propositions by these he may take a scantling of the rest ex pede Herculem I cannot but blame the indiscretion if not the indisposition of those Commissioners who cavilled away so much time in the Treaty 17. Jones complaines by Letters that Ireland was like to be lost until Cromwell had done his work in the North and marched up to Towne to make the Treaty ineffectuall About the latter end of Octob. 1648. Col. Jones sent whining Letters from Dublin to the Steersmen at Derby-house complaining that all Ireland was like to unite and prosecute the Kings Interest and therefore he cried for help but neither the said Committee in their consultations nor the Army in execution of what was resolved could agree amongst themselves the Engrossers and Monopolizers of Oligarchy into a few hands desiring to make themselves
lesse I think to hurt his Person the Lawes are the Kings Lawes Courts the Kings Courts Judges his Judges Great Seale his Seale Writs the Kings Writs the Justice and Peace of the Land are his consequently the Warrs his Warrs he is the fountain of all Authority as well as of all Honour * 1 Pet. â— 13 Hâ—â—e the King is called Supâ—eâ—e not the People and thoâ—gh said to be an ordinance of man in some respects yet St. Paul Râ—m 13. saith He is ordain'd of God 2. Governours are distinguished the King is supreme and Governors are sent by him and his Commission Besides it appears Gen. 3.16 and 4.7 God gave not to all men that freedom which is supposed the foundation of supremacie in the people He made them not Masters of their own liberty for even then he laid the foundations of obedience in Abel to Cain Eve to Adam If a people chuse a King it is the act of every particular man of whom the Commonalty consists and each individual nor the whole Commonaâ—ty can give him more power then himself hath But no man hath power over his own life neither arbitrarily nor judicially but onâ—y over his liberty which he may so give away as to make himselfe a subject or a slave this makes him so chosen a Ruler or Protector of them who have parted with their liberty and subjected to him and then God who only hath power of life and death invests the King with power to be the Minister of God to execâ—te vengeance not bearing the Sword in vain Rom. 13. See Dr. Hammonds Letter to the L. Fairfax Jan. 5. 1648. Thou shalt not speak ill of the Governour of the People therefore not accuse him The King hath no Superiour nor equal in England contrary to that false distinction of the Observator that he is Major singulis minor universis When David would have gone forth to Battel his Army disswaded it using these reasons If we flee they will not care for us nâ—ither if halfe of us die will they care for us But thou art worth ten thousand of us Here you see the King is reckoned major universis more than all his Army and yet that Army was at that time in effect all the well-affected of the Land and therefore by the Anarchical Principle aforesaid the only People of the Laâ—d for further proof hereof I appeal to all our Laws and Statutes how will they Try him Who shall Judge him who are his Peers that he may be Legally Tryed like a Freeborn man for sure they cannot deny him that right according to Magna Charta per legale judicium parium suorum It is a grounded Maxime in our Lawes The King can do no wrong wherefore then will they Try him for doing no wrong The policy and civility therefore of our Lawes and of our Parliament too in all their Declarations Remonstrances so long as they continued in any state or degree of innocency always accused his Evil Counsellours and Ministers and freed Himself lest they gave advantages to ambitious men Absalom-like to scandalize and dishonour him and render him low and vile in the eyes of the People to the disturbance of the peace of the King and Kingdoms and shaking of the Royal Throne which is alwayes accompanied with an earth-quake of the whole Land Saint Peter bids us Submit to every ordinance of man for the Lords sake whether it be to the King as supreme or unto Governours as those that are sent by him As free and not using your liberty for a cloake of malitiousnesse but Feare God Honour the King But these rebellious Saints abusing Christian liberty for a cloake of malitiousnesse will according to their 4th Antimonarchical Principle make the giddy ignorant tumultuous many-headed multitude Judges of their King and make the confused Rabble his Superiours thereby setting up two Superiours one contradictory to the other and so turn the Kingly Government into a popular Military Government abolish our Lawes and leave all to the power of the Sword in an Arbitrary way to carry on their designe to which purpose they have lately caused their Journey-men the present House of Commons to Vote contrary to our knowne Lawes That the Supreme Authority of this Nation is in the People of England and therefore in themselves as their Representative This is a 6. Anarchical Principle of the Army and their Party who wanting reason to prove it assert it by the Authority of their Mock-Parliament and must now make it good by the Sword to justifie their proceedings against the King and People These popular principles are meer empty notions whereby the Grandees draw the Supreme Authority thorow the People to themselves the better to enslave them for the liberty of the Commons doth not consist in a licentiousnesse to interrupt the Government of their Superiours and change the Government according to their fancies but the liberty of the People consists in the enjoying the fruits of their labours their goods possessions estates and their personal liberty according to the knowne Lawes of the Land When Harry Martyn in Barkshire forbade the People to stand bare at the Sessions and doe homage and fealty to their Lords he gulled them and gave them that which was not their due to rob them of that which was their due their Horses Goods Money plundred from them for service of the State forsooth and beat them that defended their owne so that while he flattered them to be the Supreme Authority and Lords Paramount and the Parliament to be their Servants he used them like Slaves conquered by the Parliament Besides it is not all the People nor the thousandth part of them but a few covetous ambitious men that desire to bring the King to capital punishment and subvert our fundamental Government and Lawes that have usurped the power of the Kingdome into the hands of their Faction and now require this to keep themselves from being called to account The second Demand tends to disinherit his Posterity viz. That the Prince and Duke of Yorke come in by a day appointed and acquit themselves of their capitall Delinquency or else to be Declared incapable of Government and to die without mercy if afterwards found in the Kingdome thâ—s Summons is but to insinuate their guilt if they refuse to appeare as reason tells us they must and will This is to shut the door after Monarchy and keep it out for ever in farther pursuance they demand the Revenue of the Crowne to continue still in Hucksters hands to pay publique Debts and repaire the Losses of the People that is themselves The second sort of Propositions are for setling of the Kingdome upon their owne Grounds and Interest That a certaine period be set to this Parliament by which time the Supreme trust in them may returne unto the People that is still to themselves and their Faction the new erected Committee of State the hogen mogens at White-hall Thus you see having removed
a Protestation might suddenly be drawn up and every Member to set his hand to it in detestation of those repealed Votes A Committee was appointed accordingly The 14 Decemb. the said new-found Shiboleth was brought in by Gourdon which caused divers that were not yet mad enough for Bedlam to forbear the House or rather Conventicle Decemb. 14. They repealed the Ordinance lately passed after mature debate for setling the Countie-Militias of the Kingdome 30. The Militia of the Counties new setled in Independent hands because there were some Presbyterians in it not well-affected to the Army and in that new sense Malignants And ordered that a new Ordinance with a List of new Names of Saints Militant sounding like a Jewish pedigree be brought in for through the indiscretion of the Presbyterians the Independents have had the custody of our Purses a long time and now must keep our Swords too and then Stand and deliver will be the only Law of the Land About this time Major General Brown one of the Sheriffs of London was fetched out of the City by a Party of Horse 31. Sheriff Brown carried away out of the City Prisoner to S. James's and carried before the mechanick Councel of War at Whitehall although a Member of Parliamâ—nt and consequently one of their Masters where he told them He knew they had nothing to charge him withall but his honest endeavours to preserve His Majesty and His Posterity together with the Parliament City and Kingdome with the Laws and Government thereof from being rooted up by them and that he feared them not Col. Hewson the one-eyed Cobler was so sawâ—y as to tell him He was too peremptory at last they committed him Prisoner to S. James's And that he might not want company 32. Sir Will. Waller c. removed to S. James's they sent a Warrant to Capt. Lawrence Marshal General to remove Sir Will. Waller Sir John Clotworthy Major Gen. Massey and Commissary General Copley from the Kings Head to him The Marshal shewing them the Warrant 33. They protest against the Generals Authority they protested against the Authority and offered the Protest to the Marshal in writing desiring him to shew it to the General which he refusing to receive Sir Will. Waller desired all the company to witness what Protestation they did make in behalf of themselves and all the Free-born people of England against the violent and illegal encroachments of the General and Councel of War against the Laws and Liberties and read it aloud as followeth A Declaration of the taking away of Sir Will. Waller Sir John Clotworthy Major Gen Massey and Colonel Copley Members of the House of Commons from the Kings Head in the Strand to S. James's Together with their Protestation read at their removal With a Copie of the L. Generals Order for the same Tuesday Decemb. 12. 1648. Marshal Laurence came and acquainted Sir William Waller Sir John Clotworthy Maj. Gen. Massey and M. Lionel Copley Members of the House of Commons That he had Orders from the Lord General and Councel of the Army to remove them from the other Prisoners to S. James's They replied to him That they desired to see his Orders The Marshal answered They were onely verbal but the Gentlemen insisting to see a Warrant for their remove the Marshal went to the General and from him about six a clock brought an Order a true Copie of which follows Viz. YOu are upon sight hereof to remove Sir Will. Waller Sir John Clotworthy Major General Massey and Colonel Copley from the Kings Head Inne where they are now in Custody to S. James's And for so doing this shall be your Warrant Given under my hand Decemb. 12. 1648. T. Fairfax To Marshal General Lawrence This Order being shewed unto the foresaid Gentlemen Sir Will. Waller produced a Paper desiring that the same might be presented to the General which Marshal Lawrence refused to receive Upon which the said Sir William Waller and the other three Gentlemen desired the said Marshal and all the Gentlemen there present to attend and witness to that Protestation which they did there make in behalf of themselves and all the Commons and Free-born Subjects of England so with a distinct and audible voice read their Protestation as followeth VVE whose Names are hereunto subscribed being Members of the House of Commons and Freemen of England do hereby declare and protest before God Angels and Men That the General and Officers of the Armie being raised by the Authoritie of Parliament and for defence and maintenance of the priviledges thereof have not or ought to have any power or jurisdiction to apprehend secure detein imprison or remove our persons from place to place by any colour or Authoritie whatsoever nor yet to question or try us or any of us by Martial Law or otherwise for any offence or crime whatsoever which can or shall be objected against us And that the present Imprisonment and removal of our persons is a high violation of the Rights and Priviledges of Parliament and of the Fundamental Laws 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 We and every of us do 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 At the Kings-head in the Strand In witnesse whereof we have hereto subscribed our Names the 12. of December 1648. William Waller Edward Massey John Clotworthy Lionell Copley About this time Mr. Pelham Mr. Lane Mr. Vaughan 34. Foure secured Members dischaâ—ged Sir Simon Dewes Members secured were set at liberty without any engagement although at first it was demanded they should engage not to attempt any thing against the present actings of this Parliament and Army which they refused About Decemb. 11. 1648. 35. The Agreement of the People published and Answered was delivered into the world a monstrous Beggers Brat called The Agreement of the People It is very judiciously Answered by Mr. William Ashurst all the Contents thereof is in the Remonstrance of the Army 20. Nov. 1648. wherof I have spoken already 1. It proposeth That the People that is some small part of the People the Army and their faction without any colour of Law or Right should agree together to take away finally the present Government by King Lords and Commons which the Kings Party heretofore charged upon the Parliament as their Designe for which they fought whereupon the Parliament to vindicate themselves published many Declarations and passed sundry Votes That they would not alter the Government by King Lords and Commons it also takes away the legall right from Burroughs to chuse members of Parliament this admitted they may as well conspire to take away any Law or any mans Life or Estate by which rule
but the designs projects of Jesuits Popish Priests and Recusants who bear chief sway in their Councels to destroy and subvert our Religion Laws Liberties Government Magistracy Ministry the present and all future Parl. the King his Posterity and our 3. Kingdoms yea the Generall Officers and Army themselves and that with speedy and inevitable certaintâ— to betray them all to our forreign 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 forreign 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 Jesuitical disloyall bloudy present Councels 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 Kingdoms 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. January Num. 283. 27. Decemb. The Councel of VVarr who manage the businesse in relation to the King saith the Diurnal ordered That all state and ceremony should be forborne to the King and his Attendants lessened to mortifie him by degrees and work Him to their desires VVhen it was first moved in the House of Commons to proceed capitally against the King 52. Cromwels Sp. in the Ho. when it was first propounded to try the King Cromwell stood up and told them That if any man moved this upâ—n dâ—signe he should think 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 suddaine to give them counsel this blessing of his proved a curse to the King 53. The Ordinance for electing Com Councel men confiâ—med 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 illegal as they please to miscall them Oaths of Allegiance Supremacy and other Oaths usually administred to Officers Free-men c. of the City The 28. Decemb. Tho. Scot brought in the Ordinance for Trial of the King it was read and recommitted three severall times 54. The Ordinance for Trial of His Majesty passed the Commons and the Commissioners Names inserted consisting of diverse Lords Commons Aldermen Citizens Country Gentlemen and Souldiers that the more persons of all sorts might be engaged in so damnable and treasonable a designe and because this Ordinance and the proceedings thereupon had no foundation in Divinity Law reason nor practice The Commons to give it a foundation and ground from the authority of their Votes declared as followeth Resolved c. Diurnall from 1. Ian. to the 8. of Ian. 1648. Numb 286. That the Lords and Commons assembled in Parliament doe declare and adjudge That by the fundamental Laws of the Realme it is Treason in the King of England for the time to come to levie War against the Parliament and Kingdom of England So together with this declaratory Vote the said Ordinance was carried up to the Lords by that Renegado Lord Gray of Grooby Jan. 2. 1648. 55. And sent up to the Lords The Lords met that day farre more than ordinary 16. in number and promising to send an Answer by Messengers of their owne The first Question started by some Lords who had rather have had a thinner House was 56. And Debated Whether it should be presently debated which passed Affirmatively The first Debate was upon the said Declaratory Vote The Earle of Manchester told them The Parliament of England by the fundamentall Laws of England consisted of three Estates 1. King 2. Lords 3. Commons the King is the first and chief Estate He calls and dissolves Parliaments and confirmes all their Acts and without him there can be no Parliament therefore it is absurd to say The King can be a Traitour against the Parliament The Earle of Northumberland said The greatest part at least twenty to one of the people of England were not yet satisfied whether the King levied war first against the Houses or the Houses against Him 57. The Zealots of the H. of Com offended with the Lords for casting forth the Ordin for Triall of the King And if the King did levie Warr first against the Houses we have no Law to make it Treason in Him so to doe And for us to declare Treason by an Ordinance when the matter of fact is not yet proved nor any Law extant to judge it by is very unreasonable so the Lords cast off the Debate and cast out the Ordinance and adjourned for seven dayes Jan. 3. The Zealots of the Commons were very angry at the Lords and threatned to clap a Pad-lock on the Door of their House but at last they sent up some of their Members to examine the Lords Book and see what they have done who brought word back that their Lordships had passed 2. Votes 1. That they doe not concurre to the said Declaratory Vote 2. That they had rejected the Ordinance for Triall of the King 58. Votes passed by them therupon Hereupon the Commons resolved to rid their hands of King and Lords together and presently they voted That all Members of the House of Commons and others appointed by order of that House or Ordinances of both Houses of Parliament to act in any Ordinance wherin the Lords are joyned shall be impowred and enjoyned to sit and act and execute in the said several Committees of themselves notwithstanding the House of Peers joyne not with them therein Upon the debate many hot-brain'd men insisted upon it That the Lords who rejected the Ordinance should be themselves Impeached for favouring the grand Delinquent of England you see the King was likely to have much justice when his Judges must either condemne Him or be condemned others thought it more prudence to touch their Priviledges and let alone their Persons Die Iovis 4. Jan. 1648. The Commons passed these 3. Votes A question in Divinity voted in Parliament never agreed to by Divines This we find de factâ— in the subversion of our Religion Lawes Liberties and Properties though not de Jure You see that since both Houses ravished the Supremacy from the King and a petty faction from the Houses our Lawes are first shrunk into arbitrary Ordinances of
and to take order for the charging of Him the said Charles Stuart with the Crimes above mentioned and for the receiving His Personall Answer thereunto These wise men of Gotham could not tell whâ— her Witnesses upon oâ—th were necessary upon Trials of life and death But I confess that upon the defensive part upon Indictments Witnesses upoâ— oath were not to be heard against the King much more Accusers of the King and for examination of Witnesses upon oath if need be concerning the same and thereupon or in default of such Answer to proceed to finall Sentence according to justice and the merit of the Cause to be executed speedily and impartially And the said Court is hereby Authorized and required to chuse and appoint all such Officers Attendants and other circumstances as they or the major part of them shall in any sort judge necessary or usefull for the orderly and good managing of the premises and Thomas Lord Fairfâ—x * * The Generall is no Officer of justice All well affected Persons tag and rag inv ted to assist in a Tumultuaty way to destroy the King if need had been that is all Antimonarchists the Generall with all Officers of justice and other wel-affected Persons are hereby authorized and required to be aiding and assisting unto the said Commissioners in the due execution of the trust hereby committed unto them provided that this Ordinance and the Authority hereby granted do continue for the space of one Moneth from the Date of the making hereof and no longer 60. A new Great Seal to be made But at last they stumbled at a rub not foreseen they could not use the old Great Seal against Him because it was the Kings Great Seal no more could they use any of our Laws Courts or Judges against Him because they are all the Kings the Sculpture upon it is Carolus Dei Gratia neither would the Grace of God square with their proceedings they must therefore make a new Great Seal but that was long a making and their fingers were in the fire they therefore proceeded without any Commission under Seal onely upon the said Ordinance and every Commissioner set his own hand and seal to the publique instruments of their proceedings what need ceremonies when men are resolved upon the substance 61. The Iews petition the Councell of War to have the Stat of their banishment repealed About this time the Hebrew Jews presented a Petition to the uncircumcised Jews of the Councell of Warre That the Statute of Banishment against them may be repealed and they re-admitted to a Synagogue and Trade amongst us They offer for their re-admission S. Pauls Church and the Library at Oxford 500000 l. but 700000 l. is demanced Hugh Peters and Harry Martin solicite the business Upon this occasion was published this Paper ensuing * The last damnable Design of Cromwel and Ireton 62. A Paper published upon occasion of the Jews Petition and their Junto or Cabal intended to be carried on in their General Councel of the Army and by their journey-men in the House of Commons when they have engaged them dede perately in sin past all hope of Retreat by murthering the King MAjor White a Member of the Army long since at Putney foretold That shortly there would be no other power in England but the power of the Sword and Will. Sedgwick in his Book called Justice upon the Armies Remonstrance saith The Principle of this Army is To break the Powers of the Earth to pieces and John Lilburn in his Plea for Common Right p. 6. saith The Army by these extraordinary proceedings have overturned all the visible Supreme Authority of this Nation that is they have and will by seizing upon the Members of Parl. dissolving it and setting up a new invented Representative and bringing the King to capital punishment and dis-inheriting his Posterity subvert the Monarchical Government and Parliaments of this Kingdome the Laws and Liberties of the People and so by bringing all to Anarchy and confusion put the whole Government of the Land under the Arbitrary power of the Sword In order to which they have and will overturn the Government of the City of London by a Lord Mayor and Aldermen and govern it by Commissioners and a schismatical Common Councel of Anabaptists illegally chosen and deprive them of their Charter of Incorporation and Franchises and this shall be a leading case to all the Corporations of England Their next Design is to plunder and disarm the City of London and all the Country round about thereby to disable them to rise when the Armie removes but not to the use of the Souldiers although they greedily expect the first Week in February the time appointed from whom they will redeem the plunder at an easie rate and so sell it in bulk to the Jews whom they have lately admitted to set up their banks and magazines of Trade amongst us contrary to an Act of Parliament for their banishment and these shall be their Merchants to buy off for ready money to maintain such Warrs as their violent proceedings will inevitably bring upon them not onely all Sequestred and plundred goods but also the very bodies of Men Women and Children whole Families taken Prisoners for sale of whom these Jewish Merchants shall keep a constant traffick with the Turks Moors and other Mahometans the Barbadus and other English Plantations being already cloyed with Welch Scottish Colchester and other Prisoners imposed by way of Sale upon the Adventurers and this is the meaning of Hugh Peters threat to the London Ministers That if another War followed they will spare neither Man Woman nor Child For the better carrying on of which Design the said Cabal or Junto keep a strict correspondency with Owen Roe Oneale the bloodie Popish Antimonarchical Rebel in Ireland and the Popes Nuntio there The Antimonarchical Marquess of Argyle in Scotland the Parisian Norman and Picardie Rebels in France and the Rebel King of Portugal If danger be not held so close to your eies that you cannot discern it look about you English But this Kingdome is not to be saved by men that will save themselves nothing but a private band and a publike spirit can redeem it 63. Master Pryns second Letter to the General The 3. Jan. 1648. Master Pryn sent a Letter to the General demanding what kind of Prisoner and whose he was as followeth * To the Honourable Thomas Lord Fairfax General of the present Army these present My Lord IT is now a full Months space since I with other Members of the Commons House have been forcibly apprehended and kept Prisoner by some of your Officers and Marshal against the Priviledges of Parliament the Liberty of the Subject the Laws and Statutes of the Realm and all Rules of justice conscience and right reason without the least shadow of Authority or any cause at all yet made known to me of which were there any neither God nor man ever yet made
your Lordship or your Officers Judges I therefore desire to know from your Lordship what kind of Prisoner I am and whose If a Prisoner of peace neither your Lordship nor your Officers are any Justices of peace or Civill Magistrates in this place to restrain me for any civill crime were I guilty of it much less without proof or hearing in case I were no Member but being neither guilty nor accused of any such crime and a Member too no Magistrate can nor ought to imprison me upon any pretext at least without the Houses licence first obtained If a Prisoner of Warre which I cannot probably be being never in Arms and apprehended neer the Commons House door going peaceably and unarmed thither to discharge my duty then you and your Officers thereby acknowledge That you have levied Warre against the Parliament and its Members and what capital offence this is and what a punishment it deserves I need not inform your Lordship or your Councell who have for this very crime condemned and shot some to death as Traytours and demanded speedy justice and execution for it upon the King himself I have but one thing more to trouble your Lordship with and that is to demand whose Prisoner I am having yet seen no Warrant nor Order from your self or your Officers for my restraint though I have oft demanded it of your Marshall If your Lordships Prisoner there appearing yet no legall Authority cause or Warrant for my restraint I must then crave so much justice from your Lordship being but a Subject and not yet paramount all Laws to order your Attourney to give an Appearance for you in the Kings bench the first return of the next Tearm to an action of false Imprisonment for this my unjust restraint which I intend by Gods assistance effectually to prosecute If your Officers Prisoner onely and not yours which I conceive who yet abuse your name and authority herein though it be a rule in Law and Divinity too Qui non prohibet malum quod potest jubet yet I shall be so just as to set the saddle upon the right horse and commence my action onely against such of your Officers who have been most active in my Imprisonment for damage and reparations which if there be any justice remaining under Heaven I doubt not but I shall recover in Gods due time in this publick cause which so highly concerns the honour freedom and Priviledges of Parliament and Subjects Liberties for defence and maintenance whereof as I have hitherto spent my strength adventured my life body liberty and estate so shall I now again engage them all and all the friends and interests I have in heaven and earth rather then they shall suffer the least diminution prejudice or eclipse by my stupid patience under this unjust captivity though I can as willingly forgive and put up private injuries when the publike is not concerned as any man All which I thought meet to inform your Lordship of whom I am heartily sorry to see so much dishonoured abuâ—ed and misled by rash ill-advised Officers and dangerous destructive and I dare say Jesuitical Councels to the Parliaments dissipation the Kingdoms prejudice Irelands loss most good mens and Ministers grief your best Friends astonishment your Enemies and the Papists triumph our Religions scandal and your own dishonour which I beseech you as an Englishman a Christian a Professor of piety and Religion a Souldier a General to lay sadly to your heart as the earnest request of From my Prison at the Sign of the Kings Head in the Strand 3. Jan. 1648. Your Lordships faithful Friend and Monitor William Pryn. * An Additional Postscript VVE reade Luke 3.14 that when the Souldiers demanded of John Baptist saying and What shall we do he said unto them Do violence to no man or put no man in fears neither accuse any falsly and be content with your allowance not imprison depose or murther Kings pull down Parliaments imprison violently shut out and drive away Parliament men and then lay all false accusations and scandals upon them to colour your violence subvert Kingdoms alter States break all bonds of Laws Oaths Covenants Obligations Engagements to God and Men usurp all Civil Military and Ecclesiastical power and the Kings Royal Palaces into your own hands as supreme Lords and Kings raise what new forces and levie what new Taxes you please take up what Free-quarters and Houses seize and plunder what publike Treasuries monies you please without Commission or Authority obey neither God nor Man neither Parliament nor Magistrate and be content with nothing but alter and subvert all things These are Saint Peters new doctrines and Revelations to our Officers and Souldiers now those Jesuits who lurk amongst them not John the Baptist whose Canonicall advice is now rejected as Apocryphall even among the Army Saints who preferre every ignis fatuus though from Doway or Râ—me it self before this burning and shining old light and are guided onely by a new minted law of pretended providence or necessity of their own forging and not by the revealed will and law of God the sacred light whereof their present works of darkness dare not approach lest they should be reproved and condemned by them But some 43. Actions of false imprisonment by the imprisoned and 150. Actions of the Case by the secluded Members brought against these domineering lawless Officers and Grandees of the Army wherein good Damages will be recovered and some 12. Indictm of High Treason against them for laying violent hands upon the Kings Person and the Members and leavying War against the Parliament will teach them more obedience humility and modesty then either John Baptist Saint Paul Saint Peter or Saint Peters will do and be like Gideon thorns and briers of discipline to these men of Succoth with whom no fair means will prevail who might have learned so much law and justice from a Heathen Souldier and Governour Festus Acts 25.27 It seemeth unto me unreasonable to send much more to commit a Prisoner and not withall to signifie the crimes laid against him and come short of that ingenuity of the heathenish chief Captain who seized upon Paul thereby to appease the Tumult at Hierusalem Acts 22.27 29. who as soon as ever Paul told him he was a Roman Free-born then straight way they departed from him who should have examined him and the chief Captain also was affraid after he knew that he was a Roman and because he had bound him And should not false imprisoning of a Parliament-man Free-born English-man be as formidable to our chief Captains being a Christian I say sworn and vowed to defend the Houses Priviledges and Members Persons as the Imprisonment of a Roman was to this chief Captain and they as ingenious and just as he who shall rise up in judgement against them and condemn them at the last I shall close up all with this observation That as the most glorious Angels in Heaven when
Houses Propositions See Mr. Pryn's said Speech in the House 2 Decemb. 1648. more at large and the Kings Answers and see whether the King did not grant all those Propositions in which the main security of the Kingdom resteth He granted the first Proposition for taking off all Declarations as was desired And the third Proposition for the Militia as was desired He assented to the Proposition for Ireland limiting the time of the Parliaments disposing Officers there to 20 years He consented to such Acts for publique Debts and Publique Uses as should be presented within 2. years and incurred within that time He granted the Proposition concerning Peers as was desired He granted the Disposing Offices in England to the Parliament for 20. years He granted the taking away the Court of Wards having 100000 l. per ann in lieu thereof to be raised as the Parliament should think fit He granted to declare against the Marquess of Ormond's power and proceedings after an Agreement with the Parliament The onely difference therefore remained upon two Propositions 1. Delinquents 2. The Church For Delinquents though He doth not grant all His Majesty consented they shall submit to moderate Compositions according to such Proportions as they and the two Houses shall agree 2. He disableth them to bear Offices of publike Trust and removes them from the Kings Queens and Princes Court 3. For such as the Houses propounded to proceed capitally against He leaves them to a Legal Tryal and declares He will not interpose to hinder it which satisfies the main complaint of the Parliament which was in the beginning of the War That the King protected Delinquents from justice And all that the House desired in the Propositions presented to him at Oxford Febr. 1642. was That His Majesty would leave Delinquents to a Legal Tryal and judgement of Parliament But that his Majestie should joyn in an Act for taking away the Lives or Estates of any that have adhered to Him He truly professeth He cannot with Justice and Honour agree thereto 4. Nor do we see how Delinquents being left to the Law can escape justice the King having granted the 1. proemial Proposition and so by a Law acknowledged the Parliaments Cause and War to be just For the Church The Houses propound the utter abolishing of Archbishops Bishops c. The sale of their Lands that Reformation of Religion be setled by Act of Parliament as both Houses have or shall agree The Kings Answer takes away Church-Government by Arch-bishops Bishops c. by taking away their Courts and Officers and so far takes away their power of Ordination that it can never be revived again but by Act of Parliament so that Episcopacy is divested of any actual being by the Law of the Land and instead thereof the Presbyterian Government setled for three years by a Law which is for so long a time as the Houses formerly in their Ordinances presented to Him at New-castle did themselves think fit to settle it For the Sale of Bishops Lands upon the publike Fâ—ith Every cheating Saint of the Faction must have the Publike Faith exactly kept though he bought the Lands but at 2 or 3. years just value and with such monies as he had formerly cheated the State of when other men who have lost the best part of their Estates by and for the Pa liâ—ment for compensation whereof they have the publike Faith engaged by Ordinances are consumed by Taxes and repaied with reproaches onely we say That although the Purchasers might well have afforded to have given the same rates for their Purchases which they now give if they might have had them assured by Act of Parliament for 99 years and such moderate Rents reserved as the King intimates in his Answer yet in His Answer he expresseth a farther satisfaction to be given them upon which we should have insisâ—ed nâ—â—withâ— anding the said Vote 5. Decemb. 1648. We farther alledge That the King having granted the rest of the Propositions â—â—d â—o much in these 2. Delinquents and the Church the Natioâ—â—l Covenant doth not oblige us to make War upon this poiâ—â— nothing can make Presbytery nor the Purchasers of Bishops Lâ—â— is more odious nor endanger them more than to make them the sole obstacle of Peace nor could any thing more work the King to comply with our desires herein than for us to draw a little neerer Him The Considerations leading us to pass the said Vote 5 Dec. 1648. come next to be considered 1. The saving of Ireland 2. The regaining the revolted Navy and freedom of the Seas 3. The support of the Ancient Government of the Kingdome 4. The putting the people into a secure possession of their Laws and Liberties 5. The avoiding such evill consequences as were apparently to follow a breach with the King As 1. the Deposing the King if not the depriving Him of life Return to Sect. 71. whereupon floods of misery will follow and scandal to the Protestant Religion which we from our hearts detest and abhor See the many Declarations of Parliament against it 2. The necessitating of the Prince to cast himself into the Armes of Forreign Popish Princes and embrace Popish Alliances for his succour 3. It may beget a change of Government and a laying aside of Monarchy here and so a Breach with Scotland and this Kingdome being the more rich likely to be the Seat of the War 4. The vast Debts of this Kingdom upon the publike Faith will never be paid in War but increased and multiplied multitudes of Sufferers by and for the Parliament like to be repayed onely with new sufferings and every years War destroies more Families and makes more Malignants through discontenting pressures until at last the Souldier seeing no hope of pay the People no hope of peace and ease fall together into a general and desperate tumultuousness the power of the Sword apparently threatning a dissolution of Government both in Church and Common-wealth To that scandalous Objection which saith The corrupt majority will not lâ—nd an ear to admit a thought towards the laying down their own power or rendring it back to the People from whom they received it We say this Objection is unreasonable from men who endeavour to perpetuate an Army upon the Kingdome nor is the continuance of this Parliament singly objected but that they will not render it back to the People Viz. To a new Representative invented and made by the Army that is We will not render our power into the hands of the Army Another Objection is That whatsoever the King granted He might plead Force to break it and spoil us by policy This Objection might have been made against all our Treaties If there be any Force it is from the Army for spoiling us by policy The Kings of this Land could never encroach upon our good Laws but by corrupt Judges and Ministers who though they could not abrogate the Law made it speak against it self and the intended good of the
Deposing or taking away the Kings life be not really guilty of High Treason and all those who were aiding or assenting to the erection thereof in such an irregular manner by the Laws and Statutes of this Realm 5. Whether those who are professed Enemies to the King and by their Remonstrances Speeches and actions profess they desire his blood and seek his life can either in Law or Conscience be reputed competent Judges to try him for his life It being a just exception to any Jury man who is to try the basest or poorest Felon and a legal challenge for which he must be withdrawn that he is a professed Enemy and Prosecutor who seeks his life and therefore no lawfull nor indifferent trier of him for it 6. Whether the triall and taking away of the Kings life by such an illegal and arbitrary High Court of Justice as this will not prove a most dangerous inlet to the absolutest tyranny and bloodiest butchery ever yet heard of or practised in this or any other Nation and a ready way to teach us how to chop off one anothers heads till we are all destroyed For if they may take away the Kings head in it without and against all rules of Law then by the same or stronger reason they may in like manner chop off the heads of any Nobleman Peer Member Gentleman or inferiour Subject for any imaginary Treason or offence and confiscate their Estates there being no assurance they will stop at the Kings The Answer of the Generall Councel of Officers touching the secluded Members Jan. 3. 1648. And if those who are confessed to be the Majority of the Com. House and therefore excluded or the Prince of Wales next Heir to the Crown or the Malignant party or any oher Faction whatsoever which may arise should at any time hereafter get the upper hand by the peoples general adhering to them or any divisions of the Army or by any means Gods providence should administer who hath thousands of ways to pull down the proudest Tyrants and dissipate the strongest Armies in a moment as he did Senacheribs the Midianites the Moabites and Ammonites with sundry others recorded in sacred Writ and prophane Stories and the Scots Army but few months since they may by like authority and president erect the like new Court to cut off the heads of all the Members now sitting and of the present General Councel of the Army and all the Commissioners acting in this new Court and so fall a murthering and butchering one another till we were all destroyed one by another and made a spectacle of most unnatural tyranny and cruelty to the whole world Angels and Men and a prey to our common Enemies Upon which consideration let every man now seriously lay his hand upon his own breast and sadly consider what the bloody tragical issue of this new Phaleris Bull may prove to him or his and whether every Free-born English-man especially of Noblest birth and amplest Estate be not deeply obliged in point of prudence and conscience to use his utmost endeavour with hazard of life and estate to prevent the erection of such an exorbitant and illegal Authority in the very rise and foundation ere it be over-late and not patiently suffer a rash inconsiderate number of Hotspurs of mean condition and broken desperate fortunes for the most part out of private malice fear or designs to secure and enrich themselves by the ruines of others of better fortunes and quality to set up such a new shambles to butcher and quarter the King Nobles Parliament-men Gentlemen and persons of all conditions as was never heard of among Pagans or Christians from the Creation to this present and will no way suit with our English soil already overmuch watred with English blood and so deeply ingaged against all arbitrary and tyrannical usurpations and proceedings especially capital in any hands whatsoever which have cost us so much blood and treasure to oppose and fight against for seven years last past Saturday Ian. 20. 1648. 80. The first days Trial of his Majesty The new thing called The High Court of Justice sate Bradshaw being President who had the Mace and Sword carried before him and 20 Gentlemen forsooth with Partizans for his Guard under the command of Colonel Fox the Tinker An O yes being made and silence commanded the said Act of the Commons for erecting the said Court was read and the Court called there being about 70 of the Commissioners present Then the King was brought to the Bar by Col. Hacker with Halberdiers the Mace of the Court conducting him to his chair within the Bar where he sate And then Pres Bradshaw said to the King Charles Stuart King of England The Commons of England assembled in Parliament being sensible of the great calamities brought upon this Nation Prove this power and trust The whole Kingdom in effect deny it So do all our Law-Books and the practice of all Ages and of the innocent blood shed which are referred to you as the Author of it according to that duty which they owne to God the Nation and themselves and according to that power and fundamental trust reposed in them by the People have constituted this High Court of Justice before which you are now brought and you are to hear your Charge upon which the Court will proceed Solicitor Cook My Lord in behalf of the Commons of England and of all the People thereof I do accuse Charles Stuart here present of High Treason and misdemeanours and I doe in the name of the Commons of England desire the Charge may be read unto him The King Hold a little President Sir the Court commands the Charge to be read afterwards you may be heard The Charge was read as followeth The Charge against King Charles the First January 20. 1648. The Charge read THat the said CHARLES STUART being admitted King of England and therein trusted with a limited power to govern by and according to the Laws of the Land and not otherwise And by his Trust Oath and Office being obliged to use the power committed to him For the good and benefit of the People and for the preservation of their Rights and Liberties yet nevertheless out of a wicked design to erect and uphold in himself an unlimited and tyrannical power to rule according to his Will and to overthrow the Rights and Liberties of the People Yea to take away and make void the foundations thereof and of all redress and remedy of mis-government which by the fundamental Constitutions of this Kingdom were reserved on the peoples behalf in the right and power of frequent and successive Parliaments or National meetings in Councel He the said Charles Stuart for accomplishment of such his Designs and for the protecting of himself and his Adherents in his and their wicked Practises to the same Ends hath traiterously and malitiously levied War against the present Parliament and the People therein Represented Particularly upon or
Reason seek to impose a beliefe upon My Subjects * * 93. Hereabout I was stopt and not suffered to speak any more concerning 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 denyed 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 lye against the KING they all going in His Name and one of their Maxims is That the King can do 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 fundamental 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 self 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 speak 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 do I forget the priviledges of both Houses of Parliament which this daies proceedings doth not only 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 thing I can see the higher House is totally excluded And for the House of Commons it is too well knowne that the major part of them are detained or deterr'd from sitting so as if I had no other this were sufficient for Me to protest against the lawfullnesse of your pretended Court. Besides all this the peace of the Kingdome is not the least in My thoughts and what hopes of Settlement is there so long as power reigns without rule of Law changing the whole frame of that Government under which this Kingdome hath flourished for many hundred years nor will I say what will fall out in case this lawlesse unjust proceeding against Me do go on and believe it the Commons of England will not thank you for this change for they will remember how happy they have been of late yeares under the Reign of Queen Elizabeth the King my Father and My self until the beginning of there unhappy troubles and will have cause to doubt that they shall never be so happy under any new And by this time it will be too sensibly evident that the Armes I took up were onely to defend the fundamental Lawes of this Kingdom against those who have supposed My power hath totally changed the ancient Government Thus having shewed you briefly the Reasons why I cannot submit to your pretended Authority without violating the trust which I have from God for the welfare and liberty of My People I expect from you either clear Reasons to convince My judgment shewing Me that I am in an errour and then truly I will readily answer or that you will withdraw your proceedings This I intended to speak in Westminster-hall on Munday 22. January but against reason was hindered to shew My Reasons 87. Alteration of the formes and styles of Writs and Legall proceedings The 27. Jan. The Commons read the Act for Altering the formes of Writs and other proceedings in Courts of Justice which according to all our known Laws the custome of all Ages and the fundamental Government of this Kingdome ever ran in the Kings Name This Act upon the Question was assented to and no concurrence of the Lords desired of this more hereafter 88. A Proclam to be brought in prohibiting the Pr. of Wales or any of the Kings Issue to be proclaimed King of England The Junto of 50. or 60. Commons appointed a Committee to pen a Proclamation That if any man should go about to Proclaim Prince Charles or any of that line King of England after the removal of King Charles the Father out of this life as is usually and ought to be done by all Mayors Bayliffs of Corporations High-Sheriffs c. under high penalties of the Law for their neglect or shall proclaim any other without the consent of the present Parliament the Commons declare it to be High Treason and that no man under paine of Imprisonment or such other arbitrary punishment as shall be thought fit to be inflicted on them shall speak or preach any thing contrary to the present proceedings of the Supreme Authority of this Nation the Commons of England assembled in Parliament Your hands and feet liberties and consciences were long since tied up 89. The Bishop of London appointed by the Ho. to administer spiritual comfort to the condâ—mned King and the Kings usage by the Army See Mr. Jo Geree's Book against Goodwin called Might overcoming right And Mr. Pryns Epistle to his Speech 6. Dec. 1648. now you are tongue-tied Upon motion the House ordered That Doctor Juxon Bishop of London should be permitted to he private with the King in His Chamber to preach and Administer the Sacraments and other spirituall comforts to Him But notwithstanding their Masters of the Councel of Warre appointed that
weather-cock John Goodwin of Coleman-sireet the Balaam of the Army that curseth and blesseth for Hire to be Superintendent both over King and Bishop so that they could hardly speak a word together without being over-heard by the long-schismaticall-eares of black-mouthed John Besides I hear that for some nights a-Guard of Souldiers was kept within His Chamber who with talking clinking of Pots opening and shutting of the door and taking Tobacco there a thing very offensive to the Kings nature should keep Him watching that so by distempering and amazing Him with want of sleep they might the easier bring Him to their bent 28. January being the last Sabbath the King kept in this life 90. A Paper-book of Demands tendered to be Subscribed by the King the Sunday before He died See sect 94. some of the Grandees of the Army and Parliament tendered to the King a Paper-book with promise of Life and some shadow of Regality as I hear if He subscribed it It contained many particulars destructive to the fundamental Government Religion Lawes Liberties and Property of the People One whereof was instanced to Me viz. That the King should amongst many other demands passe an Act of Parliament for keeping on foot the Militia of this Army during the pleasure of the Grandees who should be trusted with that Militia and with power from time to time to recruit and continue them to the number of 40000. Horse and Foot under the same General and Officers with power notwithstanding in the Councel of Warre to chuse new Officers and Generals from time to time as occasion shall happen and they think fit and to settle a very great Tax upon the people by a Land-Rate for an established Pay for the Army to be collected and levied by the Army themselves and a Court-Martial of an exorbitant extent and latitude His Majesty as I hear read some few of the propositions and throwing them aside told them He would rather becom a Sacrifice for His People then betray their Lawes and Liberties Lives and Estates together with the Church and Commonwealth and the Honour of his Crown to so intolerable a bondage of an Armed faction 91. The Sâ—ile and Title of Custodes libertatis Angliae voted to be used in legal proceedings in stead of the styâ—e of the King These Goalers of the Liberties of England are Individuum vagum not yet named See a Continuation of this madness in an Act for better setling proceedings in Courts of Justice according to the present Government Dated 17. Feb. 1648. Monday 29. Jan. 1648. The Legislative half-quarter of the House of Commons voted as followeth hearken with admiration Gentlemen be it enacted by this present Parliament and by Anthority of the same that in all Courts of Law Justice and Equity and in all Writs Grants Patents Commissions Indictments Informations Suits Returns of Writs and in all Fines Recoveries Exemplifications Recognizances Processe and Proceedings of Law Justice or Equity within the Kingdoms of England or Ireland Dominion of Wales c. in stead of the Name Stile Teste or Title of the KING heretofore used that from henceforth the Name Stile Teste or Title Custodes libertatis Angliae authoritate Parliamenti shall be used and no other and the Date of the year of the Lord and none other and that all Duties Profits Penalties Fines Amerciaments Issues and Forfeitures whatsoever which heretofore were sued for in the name of the KING shall from henceforth be sued for in the name of Custodes libertatis Angliae authoritate Parliamenti and where the words were Juratores pro Domino Rege they shall be Juratores pro Republica and where the words are contra pacem dignitatem coronam nostram the words from henceforth shall be contra pacem Publican All Judges Justices Ministers and Officers are to take notice thereof c. and whatsoever henceforth shall be done contrary to this Act shall be and is hereby declared to be null and void the death of the King or any Law usage or custom to the contrary notwithstanding Another device to mortifie the King c. The King lay in White-hall Saturday the day of his Sentence and Sunday night so near the place appointed for the separation of his Soul and Body that He might heare every stroak the Workmen gave upon the Scaffold where they wrought all night this is a new device to mortifie him but it would not do Tuesday 30. Jan. 1648. was the day appointed for the Kings Death He came on Foot from Saint James's to White-hall that morning His Majesty coming upon the Scaffold made a Speech to the People which could only be heard by some few Souldiers and Schismaticks of the Faction who were suffered to possesse the Scaffold and all parts near it and from their Pennes only we have our Informations His Majesties Speech upon the Scaffold and his Death or Apotheosis The KING told them THat all the world knew He never began the Warre with the two Houses of Parliament and He called God to witnesse to whom He must shortly give an account He never intended to encroach upon their priviledges They began upon Me it was the Militia they began with they confessed the Militia was Mine but they thought fit to have it from Me and to be short if any body will look to the Dates of the Commissions Theirs and Mine and likewise to the Declarations will see clearly that they began these unhappy Troubles And a little after He said I pray God they may take the right way to the peace of the Kingdom Souldiers Rebelling against their Master or Sovereign though they prevail cannot claim by Conquest because their quarrel was perfidious base and sinful from the beginning But I must first show you how you are out of the way and then put you into the right way First you are out of the way for all the way you ever had yet by any thing I could ever finde was the way of Conquest which is a very ill way for Conquest is never just except there be a good just Cause either for matter of wrong or just Title and then if you go beyond the first Quarrel that you have that makes it unjust in the end that was just in the Beginning But if it be only matter of Conquest then it is a great Robbery as the Pyrate said to Alexander and so I think the way that you are in hath much of that way Now Sirs to put you in the way believe it you will never do right nor God will never prosper you untill you give him his due the King that is My Successor his due and the People for whom I am as much as any of you their due 1. You must give God his due by regulating rightly his Church according to his Scripture which is now out of order to set you in a way particularly now I cannot but only a National Synod freely called freely debating amongst themselves must settle
have no power nor authority to make or alter the Great Seale of England or grant any Commissions to any Commissioners Judges Sheriffs Justices of the Peace or any other That all the Commissions granted by them under their New or any other Seale are meerly void and illegall and all the new Writs and proceedings in Law or Equity before any Judges Justices Sheriffs or other Officers made by them meerly void in Law to all intents coram non judice 4. That the deniall of the KING's Title to the Crowne and plotting the meanes to deprive Him of it or to set it upon anothers Head is High Treason within the Statute of 25. Ed. 3. ch 2. And that the endeavouring to subvert the Fundamentall Lawes and Government of the Realme of England by King Lords and Commons and to introduce a tyrannicall or arbitrary Government against Law is High Treason at the Common Law especially in Judges and Lawyers not taken away by any Statute Both which Mr. St. John in his Argument at Law concerning the Bill of attainder of high Treason of Tho. E. of Stafford published by order of the Com. House An. 1641. p. 8. 14. to 33. and 64. to 78. And in his Speech as a conference of both Houses of Parl. concerning Ship-mony An. 1640. hath proved very fully by many reasons and presidents and Coke in his 7. Report f. 10 11 12 and 3. Instit c. 1. That the Commons now sitting in making a new Great Seale without the Kings Image or Style in granting new illegall Commissions to Judges Justices of Peace Sheriffs and other Officers in the name of Custodes Angliae in the generall in omitting and altering the Kings Name Style and Title in Writs Processe Indictments and proceedings at the Common Law and thereby indeavouring to Dis-inherit the Prince now lawfull King by and since his Fathers bloudy murther and to alter and subvert the Fundamentall Lawes and Government of the Realme by such commissions and proceedings and by the power of an Army to enforce them and the Judges Justices Sheriffs and other Officers who accept of such Commissions and all those especially Lawyers who voluntarily assist consent and submit to such Commissions and Alterations by such usurped illegall Authority and the Commissioners sitting in the new Courts of Justice are most really guilty of both these high * * Whereupon six Judges refused to accept any new Commissions or to act as Judges Treasons in which there are no Accessories and lesse excusable than Strafford or Canterbury whom some of these new Judges and sitting Members impeached and prosecuted to death for those very Treasons themselves now act in a more apparent and higher degree than they and in respect of their oaths covenant callings and places are more obliged to maintaine the Kings Title the Fundamentall Lawes and Government the Rights and Liberties of the Kingdome and Parliament then they and therefore if they persevere therein may justly expect the self-same capitall punishments they underwent if not farre worse especially since they attempt to reduce the antientest Kingdome of all Christendom into the puniest and most contemptible State in all the World and thereby to render us the most infamous perfidious and dishonourable Nation under Heaven both to the present and all succeeding Ages which must needs make the contrivers and Abetters thereof the most detestable Traytors and publique Enemies to their King and native Country that ever this Realme brought forth in any Age. Repent therefore of these your Treasons and amend your lives if you expect the least hope of pardon from God or Man and expiate all your former high misdemeanours by engaging all your power and endeavours to settle all things in Church and State according to your primitive engagements instead of accumulating one sin and Treason to another which will prove your certaine ruine in conclusion not your safety About the same time and it is thought from the same Author came forth a Paper bearing the Title of 110. Six propositions of undoubted verity Another Paper Every Act of Parliament relateth to the first day of the same Parliam but it cannot be that any Act passed in the Reigne of King Charles the second should relate to the first day of this Parliament which happened in the sixteenth yeare of Charles the First ergo this Parliament is determined by the death of King Charles the first ¶ Six Propositions of undoubted verity fit to be considered in our present exigency by all loyall Subjects and conscientious Christians 1. THat this Parliament is ipso facto Dissolved by the King's death He being the Head Beginning and End of the Parliament called onely by his Writ to confer with Him as His Parliament and Councel about urgent affaires concerning Him and His Kingdome and so was it resolved in 1. Hen. 4. Rot. Parl. n. 1. 14 H. 4. Coke 4. Instit p. 46. 4. c. 4. f. 44. b. 2. That immediately upon this Parliaments dissolution by the Kings death all Commissions granted by the King or by one or both Houses to the Generall or Officers of the Army the Commissioners of the great Seale of England Judges of the Kings Courts Justices of Peace Sheriffs Excise-men Customers and the like with all Committees and ordinances of one or both Houses made this Parliament did actually determine expire and become meerly void in Law to all intents and purposes and cannot be continued as good and valid by any Power whatsoever 3. That instantly after the Kings decease the Imperiall Crowne of this Realme of England and of the Kingdomes Dominions and Rights thereunto belonging was by inherent Birth-right and Lawfull undoubted succession and descent actually vested in the most Illustrious Charles Prince of Wales being next lineall Heire of the bloud Royall to his Father King CHARLES and that He is actuall KING thereof before any ceremony of Coronation as is resolved in full Parliament by the Statute of 1. Jacobi ch 1. and by all the Judges of England since Coke 7. Report f. 10 11. in Calvins case Whose Royall Person and Title to the Crowne all loyall Subjects are bound by their Oaths of Supremacy Allegiance and Solemne League and Covenant with their Estates Lives and last drop of their blouds to maintaine against all Opposers 4. That all Peers of the Realme Mayors Sheriffs chief Officers of Cities and Corporations in this Kingdome are obliged by their Places and Allegiance without any delayes or excuses to declare and proclaime Prince Charles to be rightfull King of England and of all Kingdomes and Rights thereunto belonging notwithstanding any illegall prohibitions or menaces to the contrary by any usurped Power whatsoever under paine of being guilty of High Treason and forfeiting their City and Corporation Charters in case of supine neglect or refusall thereof through fear terror or any sinister respect 5. That till King Charles be setled in his Throne or give other Order the present Government of the Kingdome is legally vested
what Spirit Haslerigge is known That some Northern Counties having petitioned the Commons for relief against the miserable famine raging there Haslerigge opposed their request saying The want of food would best defend those Counties from Scottish Invasions What man that had any sense of Christianity Courage Honesty or Iustice would have been the Authour of so barbarous and unjust a motion That six Gentlemen no way conscious nor privie to the fact should be offered up a sacrifice to revenge and malice nay to guilty fears and base cowardicâ— to keep off the like attempts from Haslerigge and his Party I wish this Gentleman would reade the Alcharon 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 and New Testament of Moses and Christ to so little purpose Yet the House 18. of 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 device to fright them to Compound unlesse it be a forerunner to a Massacre heretofore taken into consideration at a Councell of Warre See Sect. 117. 161. An act declaring more new Treasons About this time came forth that prodigious Act declaring four new Treasons with many complicated Treasons in their bellies the like never heard of before in our Law nor in any Kingdom or Republike of Christendom Because I have formerly spoken of it the Act it self printed publisht and dreadfully notorious throughout the whole Kingdom I will refer you to the printed Copie onely one clause formerly debated was omitted in the Act viz. That to kill the Generall Lieuten Gen. any Members of this present Parl. or Counsel 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 will only give you some few Observations thereupon This Act declares to be Treason unto death and confiscation of Lands all Deeds Plots and Words 1. Against this present fagge end of a Parliament and against their never before heard-of Supream 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 Liberty 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 and not otherwise for the Sword and the Purse 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 and when they are known we owe them no Allegiance without which no Treason by the known Lawes of the Land which is onely due to the King His lawfull Heires and Successours thereto sworn nor any the particular Powers and Authorities granted to this Parliament by the said Keepers of the Liberties of England and Councell of State yet any where authentically published and made known to us by any one avowed Act unlesse we shall account their Licensed 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 enslave us and they would set us free have brought us so far 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 drawn from us our money and bloud they now deny us the use of reason and common sence belonging to us as Men and Govern us by Arbitrary irrationall Votes with which they bait 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 stir up the People against their Authority is hereby declared Treason mark 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 Keeper of the Liberties of England or Councell of State shall 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 this Case of Lylburne 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 and Wives Brothers and 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 and the Father or Master endeavour to withdraw him from so plundering and roguing a kinde 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 Souldiers the sinne and shame of such actions and disswade them from obeying such unlawfull commands 4. If any man shall presume to counterfeit their counterfeit 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 and 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 ju beo it shall be Treason be cause they will 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 and Liberties and must now hold our Lives at the will of those Grand Seigniours one Vote of 40. or 50. factious Commons Servants and Members of the Army vacates all our Lawes Liberties Properties and destroys our Lives Behold here a short veiw 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 Declares See 1. H. 4. c. 10. 11. H. 7. c. 1. 1. That to compasse or imagine the Death of the KING how
broached in a Pamphlet by old Rowse the illiterate Jew of Eaton-Colledge And by John Goodwin the sophistical Divine which is fully conâ—uted in A Religious Demurrer concerning submission to the present power an excellent peece but what the Sword gave To this the honest Lievtenant Colonel answered Mr. Peters You are one of the Guides of the Army used by the chief Leaders to trumpet their Principles and Tenents and if your reasoning be good then if six Theeves meet three or four honest men and rob them that act is righteous because they are the stronger Party And if any power be a just power that is uppermost I wonder how the Army and Parliament can acquit themselves of being Rebels and Traytors before God and man in resisting and fighting against a just power in the King who was a power up and visible fenced about with abundance of Laws so reputed in the common acceptation of Men by the express letter of which all thâ—se that fought against him are ipso facto Traytors and if it were not for the preservation of our Laws and Liberties why did the Parliament fight against Him a present power in being and if there be no Laws in England nor never was then you and your great Mâ—sters Cromwel Fairfax and the Parliament are a pack of bloody Rogues and Villains to set the People to murder one anâ—ther in fighting for preservation of their Laws in which their Liberties were included which was the principal declared Cause of the War from the beginning to the end I thought quoth the Lievtenant Colonel I had been safe when I made the known Laws the rules of my actions which you have all sworn and declared to Defend and make as the standard and touchstone between you and the People * The Laws are now no protection to us nor the rule of our actions but the arbitrary wills and lusts of the Grandees I but replied Hugh I will shew that your safety lyes not therein their minds may change and then where are you I but quoth the Lievtenant Colonel I cannot take notice of what is in their minds to obey that but the constant Declaration of their minds never contradicted in any of their Declarations as That they will maintain the Petition of Right and Laws of the Land c. This was the substance of their discourse saving that John pinched upon his great Masters large fingring of the Common-wealths money calling it Theft and State-Robbery and saying That Cromwel and Ireton pissed both in one quill though they seem sometime to go one against another yet it is but that they may the more easily carry on their main design To enslave the People Reader I was the more willing to present the summ of this Debate to thee that by comparing their doctrine and principles with their daily practices thou mayst perfectly see to what condition of slavery these beggarly upstart Tyrants and Traytors have reduced us by cheating us into a War against our lawful Soveraign under pretence of defending our Laws and Liberties and the Priviledges of Parliament which themselves onely with a concurring faction in the House have now openly and in the face of the Sun pulled up by the roots and now they stop our mouths and silence our just complaints with horrid Sect. 162. illegal and bloody Acts Declaring words and deeds against their usurpations and tyranny to be High Treason nothing is now Treason but what the remaining faction of the House of Commons please to call so To murder the King break the Parliament by hostile force put down the House of Lords erect extrajudicial High Courts of Justice to murder Men without Trial by Peers or Jury or any legal proceeding to subvert the fundamental Government by Monarchy and dispossess the right Heir of the Crown and to usurp his Supreme Authority in a factious fagg-end of the House of Commons to put the Kingly Government into a packed Junto of forty Tyrants called A Councel of State to exercise Martial Law in times of peace and upon persons no Members of the Army to raise what unnecessary illegal Taxes they please and share them and the Crown Lands and Revenues amongst themselves leaving the Souldiers unpaid to live upon Free-quarter whilst they abuse the People with pretended Orders against Free-quarter to alter the Styles of Commissions Patents Processe and all Legal proceedings and intoduce a forraign Jurisdiction to Counterfeit the Great Seal and Coin of the Kingdome and to keep up Armies of Rebels to make good these and other Tyrannies and Treasons is High Treason by the known Lawes but now by the Votes of the Conventicle of Commons it is High Treason to speak against these crimes Good God! how long will thy patience suffer these Fools to say in their hearts there is no God and yet profess thee with their mouths to break all Oathes Covenants and Protestations made in thy Name to cloak and promote their Designes with dayes of impious fasting and thanksgiving how often have thy Thunderbolts rived sensless Trees and torn brute Beasts that serve thee according to their Creation yet thou passest over these men who contemn thee contrary to their knowledge and professions Scatter the People that delight in War Turn the Councels of the wise into folly let the crafty be taken in their own net and now at last let the Oppressed taste of thy mercies and the Oppressor of thy justice throw thy rod into the fire and let it no longer be a bundle bound together in thy right hand They appeal to thee as Author of their prosperous sins become Lord Author of their just punishments bestow upon them the rewards of Hypocrites and teach them to know the difference between the saving strength of Magistrates and the destroying violence of Hang-men But what am I that argue against thy long-suffering whereof my self stand in need and seek to ripen thy vengeance before thy time Shall the Pot ask the Potter what he doth I beheld the prosperity of the wicked and my feet had slipped Lord amend all in thy good time and teach us heartily to pray Thy will be done in Earth as it is in Heaven 170. The Act for Abolishing Monarchy proclaimed in London May 30. 1649. The aforesaid Trayterous Act for abolishing Kingly Government and converting England into a Free-State consisting of forty Tyrants and many millions of slaves was proclaimed in London by the newly intruded illegal Lord Mayor Andrewes accompanied with 14 Aldermen of the same pack the People in great abundance crying out Away with it away with it GOD save King CHARLES the Second and bitterly reviling and cursing it and them until some Troops of Horse ready prepared in secret were sent to disperse beat and wound them and yet the Trial of the King and the subverting of our well-formed Monarchy under which we lived so happily heretofore with all other Acts of the like high nature was done in the name of the People of
to go serve the Spaniard as his Majesty had promised the two Spanish Ambassadors the Marquesses of Velada and Maluezzi which cashiered discontented men first put fire to the Tumult They who did all this are guilty of the Irish Rebellion and of the blood of above 100000 Protestants who perished in that War Adde They who importuned the King contrary to His judgment to make the Irish desperate by passing an Act to confiscate their estates and grant them away to such as should advance Monies upon Irish Adventures Touching the War kindled in England the Author confesseth it was a fatal thing there should be a withdrawing of the Kings Person from the Parliament But averreth it was a barbarous thing that the King with above four parts in five of the Lords and two parts in three of the Commons should be frighted away by Tumults raised by Ven and Bourges and a Design to seize the Kings Person yet it is fit it should be remembred 1. What reiterated Messages his Majesty sent offering to return if there might be a course taken to secure his Person with those Peers and Commons rioted away 2. That there was not the least motion towards War until Hotham shut the Gates of Hull against the King attended onely with some few of his houshold servants which Act of his was approved of afterwards by the House of Commons Vote as if he had done it by their warrant 3. That a while after there was an Army of 16000. men effective inrolled about London to fetch Him to His Parliament and remove ill Counsellors under the Earl of Essex long before the King began to set up His Standard 4. That the same Army so raised to bring the King to His Parliament was continued two years after to keep Him from His Parliament 5. Who interdicted Trade first and brought in Forreign Force to help them and whose Commissions of War were near upon two years date before the Kings 6. That in all His Declarations He alwayes protested He waged not War against the Parliament but against some Seditious Members against whom He could not obtain Common Justice 7. That upon all good Successes the King still courted the Parliament and City to an Accommodation 8. That upon the Treaty of Vxbridge The King moved that to prepare mens mindes to Peace there might be freedome of Trade from Town to Town A cessation of all Acts of Hostility for the time that the inflamation being allayed the wound might be cured the sooner 9. That this present Army remember how often in their Proposalls and Declarations they protested That their aim was to restore His Majesty with Honour Freedome and Safety whereunto they were formerly bound by their Protestation and Covenant and that the two Commanders in Chief pawn'd their Souls to Him thereupon 10. That to settle Peace the King did in effect by His Concessions part with His Sword Scepter and Crown and every thing that was personal to Him 11. With what admired Temper Prudence Constancy He comported Himself in His Afflictions and how many of His engaged Enemies became His Converts thereby speaking Panegyricks in His praise 12. That though there be some precedents in our Histories for Deposing Kings in point of Competition for the Crown yet it is unexampled That a King of England of an undoubted Title should be Summoned Arraigned Tryed Condemned and Executed at His own Door by His own Subjects and by the Name of their King to whom they had sworn Allegiance Contrary to the whole Current of the Law which saith The King can do no wrong The Crown takes away all defects Wherefore it was adjudged superfluous to take off Attainders under which Hen. 7. and Queen Eliz. lay because the Crown wiped off all Blots Rex non habet Parem in suis Dominiis nec Superiorem satis habet Rex ad poenam quod Deum expectat ultorem If therefore by the Laws of the Land all men must be Tried by their Peers and the King have no Peer what power had these Men to Arraign their King to be both His engaged Enemies Accusors and Judges and to Erect an unpresidented Tribunal without the least Foundation in Law with power and purpose to condemn all that came before it and that Sentence of Death should pass without conviction or Law against the Head and Protector of our Laws and Fountain of Justice and Mercy 13. That they who by their own Confession represent but the Common People should assume power to cut him off who immediately represented God 203. Mr. Pryns excellent Book entituled A legal Vindication of the Liberties of England illegal axes and pretended Acts of Parliament abridged in part but the whole commended to be seriously read by all men About the same time Mr. William Pryn Assigned his Reasons why he could neither in Conscience Law nor Prudence voluntarily submit to pay the Arbitrary illegal Tax of 90000 l. a Month imposed upon the People by a pretended Act of the Commons bearing Date 7. of April 1649. towards the maintenance of Forces to be continued in England and Ireland Because by the Fundamental Laws and known Statutes of this Land No Tax c. ought to be Imposed or Leavied but by the Will and common Assent of the Earls Barons Knights Burgesses Commons and whole Realm in a free and full Parliament See Magna Charta 29 30. Stat. 25 Edw. 1. chap. 5 6. 34 Edw. 1. De Tallagio non concedendo c. 1. 21 Edw. 3. Rot. Parl. nu 16. 25 Edw. 3. c. 8. 36 Edw. 3 Rot. Parl. nu 26. 45 Edw. 3. Rot. Parl. nu 42. 11 Hen. 4. Rot. Parl. nu 10. 1 Rich. 3. c. 2. The Petition of Right and Resolutions of both Houses against Loans 3 Car. The Votes and Acts against Ship-money Knighthood Tonnage and Poundage and the Star-chamber this Parliament 17 18. Car. agreed to by Mr. William Hackwel in his Argument against Impositions Judge Hutton and Crock in their Arguments Mr. Saint Johns in his Argument and Speech against Ship-money with others Arguments and Discourses upon that subject Sir Ed. Cock in his 2 Instit pag. 59. 60 527 528 529 532 533. But this Assessement was not so legally imposed Ergo I nor no man else ought to pay it 1. This Tax was not imposed by any Parliament The late Parliament being actually dissolved above two months before this pretended Act was passed for imposing it by the Murder of the King as is resolved by the Parliament 1 Hen. 4. Rot. Parl. nu 1. 4 Hen. 4. and 1 Hen. 5. Rot. Parl. nu 26. Cooks 4. Institutes p 46. 4 Edw. 4. 44. 6. For the King being both the Beginning End and Foundation of Parliaments according to Modus tenendi Parliamentum and Sir Edw. Cook 4. Instit p. 3. which are Summoned and Constituted only by his Writ the Writ is actually abated by his Death 1 Edw. 6. c. 7. Cooks 7. Rep. 30 31. Dyer 165. 4 Ed. 4. 43 44. 1 Ed. 5. 1
Birkhead by Dures of Imprisonment with the connivance of the Commons Col. Bromfield Hooker Cox and Baynes Citizens who the last year were committed upon suspition of High Treason to which every offence against this new Babel-state is now wrested notwithstanding the Stat. 25 Edw. 3. for limitation of Treasons as in an infectious season all diseases turn to the plague and were then discharged for want of matter to make good the Charge are now again imprisoned in the first year of Englands Liberty at the request of Birkhead Sergeant at Armes to the Commons until they pay such unreasonable Fees as he pleases to exact from them This had been great Extortion and Tyranny in the KINGS time when this Nation enjoyed so much freedome as to call a Spade a Spade an Extortioner an Extortioner and a Tyrant a Tyrant And reason good for if such Fees be legally due Birkhead hath Legal means to recover them if not Legally due it is Extortion in him to demand them in so violent a way and Tyranny in his Masters the Commons to maintain him in it Sir Henry Mildmay lately coming to the Tower and perceiving the Countess of Carlisles window had some prospect to Col. Lilborns Grates out of his parasitical diligence told the Lievtenant of the Tower 219. Sir Har. Mildmay's Politick Observations Chaste Conversation and first initiation at Court That notwithstanding the distance was such as they could not communicate by speech yet they might signifie their intentions by signs upon their fingers to the prejudice of the tender infant State and accompanying this admonition with some grave and politick Nods hasted away to the Councel of State and being both out of breath and sense unloaded himself of his Observations there and was seconded by Tho. Scot the Demolisher of old Palaces and Deflowrer of young Mayden-heads before they are ripe who much aggravated the danger and applauded the Observator Sure Sir Henry hath not yet forgot the bawdy Language of the hand and fingers since he first in Court began to be Ambassadour of Love Procuror Pimp or Pandor to the Duke of Buckingham and laboured to betray the honour of a fair Lady his nearest Ally to his Lust had not she been as Vertuous as he is Vitious if it be possible for any Woman to be so and did actually betray others to him I can tell you that very lately Sir Harry pretending himself taken with the Wind-collick got an opportunity to insinuate himself into a Citizens house in Cheapside and tempted his Wife but had a shameful repulse but more of this I will not speak lest his Wife beat him and give an ill example to other Women to the prejudice of our other New States-men 220. Felons fetched out of Newgate to inform against Merchants for not paying Customes and their New erected Sodomes and Spintries at the Mulbury-garden at St. Jamses Master Gybs Master of a Ship having caused three fellows to be committed to New-gate upon Felony for Robbing him These Fellows sent to Col. Harvey That if he would procure their Liberty they would discover to him several Merchants who had lately stoln Customes Whereupon Harvey sends for those Rogues out of New-gate hears their Accusation approves it prosecutes the Merchants upon the Information of those Villains discharges them of their Imprisonment by his own power and recommends them to Col. Deane to be imployed in the Navy And one Master Lovel a Silk-man in Saint Lawrence-lane is committed to the Gate-house Prisoner because he refuseth to swear how many Bayl 's of Silk he hath come over If the first year of our Liberty make such presidents what Monsters will the Sixth and Seventh year produce All Princes begin with moderation The Elders gave good Councel to Rehoboam Serve the People one day and they will serve thee for ever hereafter Nero had a commendable Quinquennium But our Novice Statists are Tyrants ab incunabilis Oppressors with shels upon their heads from the Nest before they are fledge what will they be hereafter 221. Sommer-hill given to Bradshaw A sop for Cerberus Sommerhil a pleasant Seat worth 1000 l. a year belonging to the Earle of Saint Albans is given by the Juncto to their Blood-hound Bradshaw so he hath warned the Countess of Leicester who formerly had it in possession to raise a Debt of 3000 l. pretended due to her from the said Earle which she hath already raised four-fold to quit the possession against our Lady-day next The Protestation and Declaration THe Premises considered I do hereby in the name and behalf of my self and of all the Free people of England Declare and Protest That the General Councel of War and Officers of the Army by their said violent and treasonable force upon the far major more honest and moderate part of the House of Commons being above 250. and leaving only fifty or sixty Schimaticks of their own engaged Party sitting and voting under their Command and almost all of them such as have and do make a prey of the Commonwealth to enrich themselves and their Faction have broken discontinued and waged War against this Parliament and have forfeited their Commissions And the remaining Faction in the House of Commons by abetting ayding and concurring with the said Councel of War in the said rebellious Force and by setting up new illegal and arbitrary Courts of Judicature to Murther King CHARLES the First our lawful King and Governour who by his Writ according to the Law summoned and authorised this Parliament to meet sit Principium Caput finiâ— Parliamenti Oaths of Allegiance and Supremacy and advise with him and was the Fountain Head and conclusion or suâ—matory end of the Parliament and Supreme Governour over all Persons and in all Causes of this Kingdome and by Abolishing the House of Peers and the Kingly Office and Dis-inheriting the Kings Children and Vsurping to themselves the Supreme Authority and Legislative Pâ—wer of this Nation in order to make and establish themselves a Councel of State Hogen Mogens or Lords States General and translate the said Supreme Power and Authority into the said Councel of State and then Dissolve this Parliament and perpetute their said Tyranny and this Army and Govern Arbitrarily by the Power of the Sword and raise what illegal Taxes they please and eat out consume and destroy whosoever will not basely submit to their Domination See 1. part sect 105 106. and the Conclusions 15 16 17 18. and return to sect 79 109 110. Stat. of Recognition 1 Jac. Oaths of Algiance and Supremacy Have by the aforesaid wayes and means totally subverted this Common-wealth and destroyed the fundamental Laws Authority and Government thereof Dissolved and Abolished this and all future Parliaments so that there is now no visible lawful Authority left in England but the Authority of King CHARLES the Second who is actually KING of all his Dominions presently upon the Decease of the King his Father before any Proclamation made
or Coronation solemnized notwithstanding that by his unjust Banishment caused by the interposition of the said trayterous combined Antimonarchical Faction He be eclipsed for the present and not suffered to perform any Acts of Government to his three Kingdomes and restore Peace Plenty Justice Mercy Religion Laws and Liberties to them again which no hand but his own can bestow and therefore in vain do the people long for and expect Figgs from Thistles Grapes from Thorns This Kingdome of the Brambles now set up being onely able to Scrath and Tear not to Protect and Govern them I farther Declare and Protest That this combined trayterous Faction have forced an Interregnum and a Justitium upon us an utter suspension of all Lawful Government Magistracy Laws and Judicatories so that we have not de jure any Laws in force to be executed any Magistrates or Judges Lawfully constituted to execute them any Court of Justice wherein they can be judicially executed any such Instrument of the Law as a lawful Great Seal nor any Authority in England that can lawfully Condemn and Execute a Thief Murderer or other Offender without being themselves called Murtherers by the Law all legal proceedings being now coram non Judice nor can this remaining Faction in the House of Commons shew any one President Law Reason or Authority whatsoever for their aforesaid doings but onely their own tyrannical Votes and the Swords of their Army Wherefore I do further Declare and Protest before God and the World That all Free-born Subjects of the Kingdomes of England and Ireland are bound by the Stat. of Recognition 1 Jac. and by all our Laws and Statutes By their Oaths of Allegiance Obedience and Supremacy the Protestation and National Covenant by very many Declarations Remonstrances Petitions and Votes of this Parliament and all Souldiers are engaged also by their own Declarations Remonstrances and Proposals to defend assert and vindicate with their lives and fortunes the Person Authority and Title of our aforesaid lawful KING and Supreme Governour the undoubted Heir of all His late Fathers Dominions CHARLES the Second by the Grace of God King of Great Britain France and Ireland c. against all Opposites and pretended Authorities whatsoever unless they will be guilty of the fowlest sins of Treason Rebellion Perjury and perfidiousness against their God their King and Country and of prostituting the Religion Laws and Liberties of the Land their Wives Children and Estates to the lusts of an Armed Faction usurping a far more Arbitrary and Tyrannical power over our Consciences Persons Liberties and Estates than ever was known in England before or then is now used by the Russe Turk or Tartar or any the most enslaving and lawless Tyrants under Heaven 223. Compare the date of the K. Commissions with those of the Parliament and their Declarations on both sides An Exhortatory Conclusion to the English Nation TO conclude the series of Affairs and Action on both Parties especially of late rightly compared it appeareth by the sequel That King CHARLES the First from the beginning took up defensive Armes to maintain Religion Lawes Liberties and the antient fundamental being of Parliaments and this Kingdom and that there alwayes was and now especially is a predominant Faction in Parliament notwithstanding their frequent Declarations Remonstrances Petitions Protestations Covenant and Votes to the contrary conspiring with a Party especially of Commissioned Officers of the Army without the Houses to Change the fundamental Lawes and Government of the Church and Common-wealth to usurp into a few hands the Supream Authority to enslave the People with an Olygarchical Military and Arbitrary Government to raise what illegal Taxes they please to establish their tyranny and enrich themselves and their Party to oppresse consume and devour all men of a judgment contrary to their Interest to Murder them by new-declared arbitrary Treasons contrary to the Stat. 25 Edw. 3. for ascertaining Treasons to Disfranchise them of their Birth-rights and make them Adscriptios Glebae Villains Regardant to their own Lands which the Nobility Gentry and Yeomanry plough sow and reap whilst Brewers Dray-men and Coblers eat drink and play upon the sweat of their labours and are the Usufructuaries of their Estates All which they have lately brought to pass wherefore let all true Englishmen as becomes good Christians good Patriots and gallant Men claim their Birth-rights and with own voice cry out 1. We will not Change our Antient setled and well approved Laws to which we are Sworn 2. We will not Change our Antient and well-tempered Monarchy to which we are Sworn 3. We will not Change our old Religion for New Lights and Inventions 4. We will not subject our selves to an eighth part of one Estate or House of Parliament sitting under a force and having expelled two hundred and fifty of their Fellows more Righteous than themselves by force and usurping to themselves the Supreme Authority 5. We will not be subjected to a new Supreme Authority usurped by forty ambitious covetous Tyrants arrogating to themselves to be a Councel of State and designed to supply the room of Parliaments under what name or Title soever they mask themselves 6. We will not submit our selves to a Military Government or Councel of Officers 7. We must and will have A KING and The KING whom the Lawes of God and this Land have Designed to us See the Stat. of Recognition 1 Jac. and the Oaths of Allegiance Obedience and Supremacy we being by the Oaths of Allegiance Obedience and Supremacy sworn to â—ear Faith and true Allegiance to King CHARLES the First his lawful Heirs and Successors Hic telum infigam moriarque in vulnere Postscript REader at the latter end of my First part of The Historie of Independency I have presented to thy consideration some General Conclusions arising out of the Premises the same Conclusions do as naturally arise out of the Premises of this Second part of the History and doe as aptly serve to illustrate this Second as that First part wherefore to that First part I send thee for opening thy understanding When our old Lawes run again into their Antient Channel and the Sword of Murder is sheathed and the Sword of Justice drawn the Author engageth to publish his Name and Apologie and shew what he hath done and suffered for the Parliament and Kingdome THE END THE High Court OF JUSTICE OR CROMWELS New Slaughter-House in ENGLAND With the Authority that Constituted and Ordained it Arraigned Convicted and Condemned FOR Usurpation Treason Tyranny Theft and Murther Being the Third Part of the History of INDEPENDENCY Written by the same Authour Printed Anno Domini 1660. In the second Year of the States Liberty and the Peoples Slavery Plin. Paneg. ad Trajanum Olim criminibus jam legibus laboratur metuendum est ne legibus fundata Respublica sit legibus eversa Isaiah 59. vers 3 4. Your hands are defiled with blood and your fingers with iniquity your lips have
spoken lyes your tongues have muttered perversness None calleth for Justice nor any pleadeth for truth they trust in vanity and speak lies they conceive Mischief and bring forth Iniquity Vers 7. Their feet run to evil and they make haste to shed innocent blood their thoughts are thoughts of iniquity wasting and destruction are in their pathes The way of peace they know not and there is no judgement in their goings Vers 11. We look for Judgement but there is none For Salvation but it is far from us Vers 14. Judgement is turned away backward and Justice standeth afar off For truth is fallen in the streets and Equity cannot enter THat every thing is kept and maintained by the same wayes and means it was got and obtained Vnumquodque conservatur eodem modo quo fit is a rule true both in Philosophy and Policy And therefore Dominion gotten by fraud and force must by fraud and force be preserved Things impiously got must be impiously kept When usurped Tyranny layes its foundation in blood the whole Superstruction must be built with Mortar tempered with blood One sin must defend and make good another And hence ariseth a Necessity upon Ambitious men to flanke and fortifie one Crime with another But to plead this Necessity which they have so wilfully drawn upon themselves in justification of their wicked Courses To expect submission obedience and an equal engagement from men uninterressed therein and to entitle the Divine Providence and unrevealed Will of God thereto in opposition to His Will revealed and declared in the Scriptures as is now a dayes used is to accuse the Holy Ghost of our Sins and an Hypocrisie so impudently sinful and damnable that I doubt no Age but this the Dregs and Lees of time ever gave an example of the like TO illustrate my first Maxime by some forreign Examples before I lay the Bastard at our own Doors Sylla at Rome by the power of the Sword proclaimed or voted himself Dictator to make good which usurpation with a Mask of Authority he compelled the Senate or Parliament to approve of all his forepassed Villanies Murthers and illegal Acts and to confer a power upon him To kill whom he pleased and confiscate their Estates To build and destroy Cities Dispose Kingdomes And exercise an Arbitrary Supreme Authority and then to establish himself in his self-created power he posted up at Rome and in most Cities of Italy Bills of Proscription or Outlawry containing the names of such persons as without any form of Law or Justice he appointed to be slain by his Souldiers These Proscribed men were for the most part such as having some sparks of Roman vertue in them durst love the antient Government Laws and Liberties of Rome and were therefore thought fit to be weeded out as Malignants against his Innovations and arbitrary courses Yet many mean spirited fellows were proscriscribed and murdered partly for confiscation of their Estates and partly to gratifie the malice and hatred of particular friends who in that carnage prayed in aid of Syllas sword to rid them of their Enemies After this Augustus Caesar at Rome having by terror of Arms made himself Consul and finding himself not strong enough singly to subjugate his Country he called Antonius and Lepidus to joyn with him with whom entring into confederacy to subvert the fundamental Government and usurp the Supreme Authority they divide that vast Empire between them and passed a Decree amongst themselves that they should be called the Triumvirate for Reforming and Re-establishing the Commonwealth well enough before if they had let it alone with Supreme Authority to give Estates and Offices to whom they thought fit without asking the advice of Senate or people They appointed what Consuls Magistrates officers they pleased They designed rich donatives and 18 of the Chief Cities of Italy to be given to their Souldiers if by their valour they should obtain victory over Brutus and Cassius They fixed publick lists or Tables of Proscription naming such persons as they exposed to slaughter They proscribed at one time 130 Senators at another time 150 and 2000 Knights Whereby the best men for understanding Conduct Resolution and Affection beeng cut of the rest terrified by their example became but Terra Maledicta as Chymicks call it dull liveless Ashes or clods of Earth without power or vertue to quicken them or make them productive After some revolutions wherein Augustus and Antonius had discarded the dull and stupid Lepidus and at last Augustus had subdued Antonius Augustus usurped the Title of Tribune of the People whereby his Person became sacred and inviolable and humouring the irrational Animals took upon him the special Protection of that Brutish Herd the Rascal Multitude the Tribunes of the people having been originally instituted to Protect the people His next step was to make himself Perpetual Dictator whereby he arrogated to himself a vast unlimited power above all Lawes The Tribuneship was his Buckler The Dictatroship was his Sword And last of all for Ornament only He having already full power of an absolute Monarch although he forbore the Title of King because it was hateful to the people and against the Laws evea since the Regifugium he took upon him the Title of Princeps Senatus or President of the Senate to keep a corresponding power over that great Counsel or Parliament And finally usurped the Title and Office of Imperator or Generalissimo of all Forces by Land and Sea Garrisons c. Philip King of Spain Lord of the 17. Belgick Provinces by several Titles and under several limitations Priviledges Exemptions and Fundamental Laws according to which he was to govern and they to obey In nevum regnum vi armisque partum redigere atque aliis Novis legibus domare ac guhernare Belgium Meteran in anno 1567. Roidan in an 1566. John Fraunces Petit Thuanus Resolving to subvert the Fundamentall Lawes and Government and reduce those 17. petty Signiories into one meer absolute Monarchy sent the Duke D' Alva thither a Warriour of a resolute stern nature Governour with a powerful Army Who taking advantage of some rude Commotions formerly raised by the Protestants in throwing down Images and Sacrilegiously plundering Churches erected a New Tribunal Criminal or to speak in our modern uncouth Language A High Court of Justice consisting of 12 Commissioners or Judges purposely chosen most of them hangers by of the Law of mean fortunes practice birth and breeding Covetous Ambitious and slavishly addicted to the Spanish Faction To these was given by special Commission full Power and Authority to enquire into and judge or to hear and determine the forepassed Commotions whereupon they stiled this Court Concilium Turbarum but the multitude called it Concilium Sanguinis or the Bloody Conventicle This Councel or Inquisition did supersede or extinguish the Authority of all other Courts of Judicature and make void all Laws Constitutions Jurisdictions and Priviledges of the Nation as to the
Christendome with vast summes raised by publick Theft and Rapines Pressings and Leavying of Souldiers Sequestrations Plundering of Houses and Horse and many other oppressions more than the Turke Russe or Tartar ever heard of of all which our Grandees are free and lay them upon others as partially as they please purposely to consume them To make Religion but a stalking horse to their Designs and the Ministers thereof but Hostlers to rub down curry and dress it for their riding to whom they send Commands what they shall and shall not preach to the people as if preaching were the Ordinance of man not of God At last by way of preparative to their machinations they pass these following Votes 1. That all Supreme power is in the people 2. That the Supreme Authority under them is in the peoples Representatives or delegates in Parliament assembled Meaning themselves you may be sure the Quintessence and Elixar of the House of Commons extracted by those learned Chimcks Doctour Fairfax Doctour Cromwel and the rest graduated at that degraded University of Oxford Here note they voted the Supreme power to be in the people that they might use those Gulles as Conduit pipes or Trunks to convey the Supreme Authority into themselves the better to enslave the people And tickle them whilest they fasten about their necks the Iron yoke of a Military Oligarchy wearing the Mask of a perpetual Parliament 3. That whatsoever the Commons in Parliament shall enact shall have the power and force of an Act of Parliament or Law without the consent of the House of Lords or the Kings Royal Assent any statute law custome or usage to the contrary notwithstanding they might have said all our statutes laws customes c. notwithstanding This one vote hath more of Dissolution and more of Vsurpation and Innovation in it than any I yet ever read of This is universally Arbitrary and layes the Ax to the root of all our Laws Liberties Lives and properties at once What these men will they vote What they vote is Law Therefore what they will is Law 4. That to wage war or to bear Arms against the Representative body of the People or Parliament is high Treason By the Law all Treasons are committed against the King his Crown and Dignity 5. That the King hath taken up Arms against this Parliament and is therefore guilty of all the blood shed this War and should expiate those crimes with his blood If the King were not guilty these men are And therefore they passed this Vote Se defendendo Yet observe that herein they became Judges in their own cause and forejudged his Majesty before his Trial if that may be called a Trial that was carried on by men who were both Accusers Prosecuters parties and Judges and had neither Law president formality of proceedings nor any other foundation of Justice or Reason to warrant them nor were delegated by any lawful Authority These Votes thus passed and by this kinde of men were the foundation upon which they built their great Engine to destroy the King and Kingly Government together with the Religion Laws Liberties Lives and properties of the people all condemned in that deadly sentence given against the King For having as aforesaid created by their own Votes themselves as absolute a power as they pleased and cast the people and all they have into that bottomless Chaos of their Arbitrary Domination They erect an Extrajudicial unpresidented High Court of Justice to Try or rather to condemn without Trial the King consisting of 150. Commissioners Souldiers Parliament men Trades men the most violent engaged and factious incendiaries of all the Antimonarchical faction Amongst whom were many low conditioned Mechanicks and Banquerouts whose Fortunes are since repaired out of the Kings Estate and other publick Lands Goods and Offices See Stat. Recognition 1 Jac. The Oaths of Algiance Obedience and Supremacy and all our Law-books as a reward for that Royal Blood they spilt The King the Fountain of Law Justice Mercy Honour War and Peace the Head of the Parliament and Supreme Governour over all persons and in all causes thus violently removed presently as if the Mounds and banks of the Sea had been overturned an impetuous inundation of bloody thievish Tyranny and Oppression brake in upon us So that no man can call his life liberty house lands goods or any other his Rights or Franchises his own longer than the gracious aspect of some of our Grandees shine favourably upon him In the next place contrary to their own Declarations of the 9. Feb. and 17. March 1648. Wherein they promise that in all things concerning the lives liberties and properties of the people they will observe the known laws of the Land with all things incident thereto They pass misbegotten Acts of Parliament This Stat. 25 Ed. 3. c. 2. S. Johns against Strafford cals the security of the people And the Stat. 1 Hen. 4. cap. 10. Ed. 6. cap. 12. 1. Mariae 1. ratifie and highly commend one of the 14. of May another of the 17. of July 1649. whereby in derogation and annihilation of that excellent Stat. 25 Ed. 3. Chap. 2. Ascertaining Treasons and reducing them to a small number and leaving nothing to the interpretation of the Judges that the people might not be ensnared they exceeding by multiplying Treasons bringing bare words as well as deeds within the compass of that offence and making many duties to which the laws of God the land the Protestation Covenant the oaths of allegiance obedience supremacy oblige us to be high treason these new acts of treason penned in obscure ambiguous terms purposely to leave a latitude of Interpretation in their own creatures the Judges that the People may be ensnared The King thus taken out of their way They passe pretended Acts. 1. To Disinherit his Children 2. To abolish Kingly Government for ever 3. To convert our ancient well-tempered Monarchy into that which they call a Common-wealth They have converted our ancient Monarchy into a Free-state and tell us they are the State They tell us they have bestowed Liberty upon the people but they and their faction onely are the people All the rest of the English Nation are annihilated and reduced to nothing that these fellows may become all things Meer ciphers serving onely to make them of more account And this gross fallacy must not be disputed against lest their New Acts of Parliament call it Treason or Free-State although nothing be therein free but their lusts nor hath it any form or face of Civil and just Government wherein a confused Multitude rule by their own Wills without Law and for their own benefit no consideration being had of the good and happinesse of the people in general 4. They Constitute a Senate or Councel of State of 40 men amongst which some Trades-men Souldiers illiterate Lawyers Parliament-Members men already engaged over head and eares in sin therefore to be confided in to these
Injustice of the Self-created power that obtrudeth it hath been handled by many good pens especially by the Cheshire and Lancashire Ministers in their plea for Non-subscribers Therefore I pass on to my principal scope The second Engine appointed to root out all such as are of a different party the High Court of Justice A formidable Monster upon which no pen that I know of hath yet adventured 4. In treating of the High Court of Justice 4. The High Court of Justice I must consider 1. By what persons and Authority this new erected unpresidented Court is constituted 2. Of what persons it is constituted 3. The way and manner of their proceedings What Formalities and Laws they observe therein How suitable to the known Laws of the Land and the Parliaments Declarations Protestations and Covenant they are 4. To what end this Court is constituted 1. The Persons constituting this extrajudicial Court are the present pretended Parliament consisting of forty or fifty thriving Commons only who conspired with Cromwel and the Army to expel seven parts of eighth of their Fellow-Members without any cause shewn abolished the House of Peers erected this High Court of Justice in nature of a Court Martial to murther the King abolished Kingly Government turned it into a thing they call a Free State disinherited the Royal Family and now usurp to themselves without any calling from God or the People more than a Regal Legal or Parliamentary Authority wherewith they have subverted the Fundamental Government Religion Laws Liberties and Property of the Nation and envassallised and enslaved them to their Arbitrary Domination the Authority by which they erect this extrajudicial Court is The usurped Legislative power by colour of which they passed an Act dated 26. March 1650. establishing the said High Court of Justice Yet their own creature Master St. Johns in his Argument against the E. of Strafford in a Book called Speeches and Passages of this great and happy Parliament printed by William Cooke 1641. pag. 24. saith The Parliament is the Representative of the whole Kingdome wherein the King as head The Lords are the more Noble and the Commons the other Members are knit together as one body politick The Laws are the Arteries and Ligaments that hold the body together And a little after Its Treason to embesel a Judicial Record Strafford swept them all away It s Treason to counterfeit a 20 s. peece here is a counterfeiting of Law so in these counterfeit new Acts we can call neither the counterfeit nor true one our own It s treason to counterfeit the great Seal for an acre of land no property hereby is left to any land at all no more is there by the votes and practise of our new Supremists thus far Mr. St. Johns But that the Parliament doth necessarily consist of the King and the two Houses assembled by his Writ can pass no Act without their joint consent See the preambles of all our Statutes all our Parliament Records all our Law books Modus tenendi Parliamentum Hackwels manner of passing Bills Sir Tho. Smith de Repub. Anglorum Cambdeni Britania All our Historians Polititians and the uninterrupted practise of all Ages That it is now lately otherwise practised is not by any Law of the Land but by the will of lawless power and Rebellion that hath cancelled all our Laws Liberties and Properties and subverted our Fundamental Government and disfranchised and disinherited the whole Nation Yet Master St. Johns in his said Argument against Strafford pag. 38. was then of opinion That to subvert the Laws and Government and make a Kingdome no Kingdome was Treason at the Common Law This Act 26. Mar. 1650. is a new modelled Commission of Oyer and Terminer and all the people of the Land are by the consequence thereof disfranchised and proscribed The illegality and tyranny thereof they have introduced who in this Parliament so zealously complained against the Court of the President and Counsel of York or of the North as an intollerable grievance notwithstanding it had been of as long continuance as from 41 H. 8. as appeares by a worthy Members Speech or Argument against it in the said Book of Speeches and Passages p. 409. made by order of the House of Commons in April 1649. I find not one Exception there made against the Court of York to which this upstart High Court is not more liable than it 1. The Commissioners of this High Court are not appointed to enquire per Sacramentum proborum legalium hominum that is by Juries as by Magna Charta and above 30. Statutes confirming it all Commissions ought to run 2. They are not appointed nor sworn to hear and determine Secundùm Leges Angliae according to the known Laws as they ought to be but according to certain Articles and powers given in the said Act 26. March 1650. 3. The said Act 26 March leaves a dangerous latude to the interpretation and discretion of the Commissioners contrary to what is done in the Act 25 Edw. 3. chap. 2. namely It hath one Clause enabling them to inflict upon Offenders such punishment either by death or otherwise corporally as the said Commissioners or the major part of them present shall judge to appertain to Justice This leaves it in the brests of the Commissioners without any Law or rule to walk by to inflict what torments and ignominious punishments they please although not used in our Nation and arbitrary corporal pains are proper to slaves not to subjests Here after the loss of all but their bodies the people may see their bodies subject to the lawless wills of our Grandees And by another clause this Act impowereth the Commissioners To examine witnesses upon oath or otherwise if need be This word or otherwise c. gives them power to examine witnesses without oath if they cannot procure witnesses so far the sons of Belial and cauterised in conscience as to adventure upon an oath even in case of life and death and mutilation of members contrary to the current of all our Lawes and practise of all our Courts of Law and of all Nations See Stat. 1 Edw. VI. chap. 12. 5 Edw. VI. chap. 11. Cooks 3. Inst p. .24 25 26. Deut. 17.6 Ex ore duorum vel trium peribit qui occidetur Deut. 17.6 Matth. 18.16 John 18.23 2 Cor. 13.1 Heb. 10.28 This is the most arbitrary and destroying liberty that ever was given to Judges And such as none but professed thieves and murderers will accept or make use of The Scripture saith An oath is the end of controversy between man and man How then can they end and determine a controversie without oath But the end of all controversies before this Butcher-row of Judges is cutting of throats and confiscation of estates And by the same clause of the said Act To examine witnesses they may and I hear do examine witnesses clandestinely and proceed upon bare Depositions read in Court whereas they ought to produce
to rest satisfied therewith You see here a Whip and a Bell provided to keep the whole Kingdom in awe the declared Supreme power of their Soveraign Lord the People must resign their known Lawes to their Trustees their Representatives in Parliament and take New Lawes from their Arbitrary votes or woe to be to their Necks and Shoulders I must interrupt you what you do is not agreeable to the Proceedings of any Court of Justice You are about to enter into Argument and dispute concerning the Authority of this Court before whom you appear as a Prisoner you may not dispute the Authority of this Court nor will any Court give way to it you are to submit to it It is not safe to confute a lie told with Authority Yet if a man be Endited of Treason or Felony in the Court of Common Pleas a man may Demur to and dispute the Jurisdiction of that Court because it is not in Criminall Causes Competens Forum nor the Judges Competent Judges every man and every cause must be tried Suo Foro non Alieno So if a Peer be arraigned in the Kings Bench. And for this upstart unpresidented High Court it is no Court of Judicature at all as being erected without lawfull Authority Consisting of Incompetent Judges no Records belonging to it and tending to disinherit and disfranchise all the People of England and to murder them You may not dispute the Jurisdiction of the Supreme and Highest Authority of England from which there is no Appeal The votes of the Commons of England assembled in Parliament is the Reason of the Kingdom Oh Brutish irrationall Kigdom Where 40. or 50. Anabaptisticall Members the Dregs and lees of the House of Commons after all the best and sincerest 7. Parts of 8. had been racked and purged out at the Bunghole by Cromwell the Bruer and Pride his Dray-man shall be called the Reason and Law of the Land This confirmes the truth of what King Charles I. Objected to the Parliament whereof I have formerly spoken That they disposed of the Subjects Lives and Fortunes by their own Votes against the known Lawes of the Land But that there should be no Appeal to their declared Soveraign Lord the People from their subordinate Trustees in Parliament is wonderfull Considering that in all Governments the last Appeal is ever the Highest and most Absolute power But it may be they will be the Peoples Trustees in spight of their Teeth and by the power of the Sword and so free themselves from rendring any account of their Stewardship You may not demuâ—re to the Jurisdiction of the Court. If you do they let you know that they over-rule your Demurrer and affirm their own Jurisdiction Reason is not to be heard against the Highest Jurisdiction the Commons of Engl. make a direct and positive Answer either by denying or confessing and put in immediately an issuable Plea Guilty or Not Guilty of the Charge or we will record your Default and Contumacy and by an implicite confession take you Guilty proconfesso and immediately give Judgement against you This as I told you before is it that blanches the Deer into the Toile But God deliver us from that Jurisdiction that is too high to hear Reason and that overrules Demurrers before they be heard I have told you as much of the proceedings of this Court as the Novelty Obscurity Uncertainty and confusion thereof will give me leave Let me now by way of overplus give you the great dangers and Slavery that will befall all sorts of People if they tamely and cowardly suffer themselves to be deprived of their antient Legall Trialls by Enditement and Juries of the Neighbourhood then which the whole world cannot boast of a more equall way and suffer their Lives Liberties Estates and Honours to be subject to an Arbitrary Extrajudiciall conventicle of Bloud Cromwells New Slaughterhouse which hath neither Law Justice Conscience Reason Presisident or Authority Divine or Humane but onely the pretended Parliaments irrationall Votes and the Power of the Sword to maintain it which will prove a Cittadell over their Liberties a Snare to their Estates a Deadfall to their Lives and Scandall to their honors and Families if not timely opposed 1. By the Law The Enditement must specifie what the Treason is and against what Person committed As against our Soveraign Lord the King his Crown and Dignity But in the said Articles of Impeachment it is alleaged that the Treason is committed against the present Government or against the Keepers of the Libeâ—ties of England but in this dead-water our turning Tide between the old Regall and this New unknown Government no man knows how to do look or speak for fear of contradicting the guilt of an Interpretative Treason upon the said two Statutes for New Treasons and before this boundless lawless New Court And to say that Treason is committed against a Government in abstracto is Non-sence it must be said that Treason is committed against the Governors in Concreto naming them For there being no Treason without Allegeance And Allegeance being a personall Obligation must be due from a certain known Person to a certain known Person or Persons And therefore the Keepers of the Liberties of England not being yet made particularly known to us who they are or where to be found or what their power Duty or Office is and being not tied by any set Oath to deal well and truly with the People as Kings are by their Coronation Oath for if the stipulation be not mutuall the People are Slaves not Subjects Since the Duties of Allegeance and Protection Obedience and Command being reciprocall as they must needs be the Parliament having declared the Supreme power to be in the People they must not govern them Mero Imperio by Lawless votes like Turkish Tartarian and Russian Slaves I cannot owe nor perform Allegiance to those Individua vaga the Keepers or Gaolers of our Liberties nor to an Utopian Commonwealth And without Allegeance no Treason for in all Enditements of High Treason it must be alleaged That the Accused did Proditoriè perpetrate such and such Crimes Contra debitam Allegantiam suam And the word Proditoriè signifies the betraying of a Trust According to the Proverb In Trust is Treason Now where there is no profession of Allegeance there is no Acceptance of a Trust no man can trust me against my will I was born under a Regall Government have read the Stat. Recognition 1. Jac. Have taken as well as others the Legall Oathes of Allegeance Obedience and Supremacy to the King his Heires and Lawfull Successors imposed upon me by lawfull Authority and from which no power on Earth can absolve me and so much I attest in the Oath of Supremacy And how I should now come after the New Moduling of the Parliament and Kingdom by Souldiers to owe Allegeance to Cromwell the Bruer Scot the Bruers Clerk Bradshaw the Murderous Petty fogger Sir Henry Mildmay the Court Pander and
Projector Holland the Linkeboy John Trencharde that packed a Committee in which he was a Member and voted to himself 2000 l. Love the super-inducted Six Clerk or any other of that Self-created Authority let them sheath their swords and tell me See the Additionall Pâ—stscript at the Latter end of this Book 2. An Enditement must certainly allege the Offence committed in respect of the Matter Time Place Persons and other Circumstances But in these Articles of Impeachment they tie themselves to no such certainties Whereby the Accused knows not at what ward to lie nor how to make his Defence The Circumstances of Time Place and Persons being the assured Testimony of all Humane Actions This Lawless Court leaves him in a vast Sea of Troubles without Pole-star card or compass to steer by The Arbitrary Opinions of this Court declared upon emergent Occasions being a false-hearted Pilot to him These Judges not being of Counsel with the Prisoner as our Legall Judges are who swear to do Justice according to the Law 3. By the Law any learned man that is present may inform the Court for the benefit of the Prisoner of any thing that may make the proceedings erronious Cooks 3. Instit p. 29. But the whole Proceedings of this Court their Meeting and sitting being erroneous here is no room left for Admonition To take away their errours is to take away Court 4. Cooks 2. Instit pag. 51. expounding the 29. chapter of Magna Charta hath these words All Commissions ought to be grounded upon the Laws of England not upon the votes of the House of Commons and to contain this Clause in them To do what is just according to the Laws and Customs of England not to execute the severall powers given them by the Act. 26. March 1650 and a little further he saith Against this Antient and Fundamentall Law I find an Act of Parliament made 11. Hen. VII c. 3. That as well Justices of Assize as Justices of the Peace without any finding or presentment by the verdict of 12 men upon a bare Information for the King before them made should have full power and Authority by their Discretions to hear and determine all Offences and Contempts committed or done by any Person or Persons against the Form Ordinance or effect of any Statute made and not repealed saving Treason Murder or Felony By colour of which Act shaking this Fundamentall Law it is not credible what horrible Oppressions and Exactions to the undoing of infinite number of People were Committed by Empson and Dudley Justices of the Peace throughout England And upon this unjust and injurious Act a New Office was erected as commonly in like cases it falleth out and they made Masters of the Kings Forfeitures I hear such an other Offfce will be erected when the Novelty of this wonderfull High Court is lessened and the yoke thereof throughly setled upon the Peoples Necks Yet observe the said Act. 11. Hen. VII c. 3. went not so high as to Treason Murder and Felony But by the Stat. 1. Hen. VIII chap. 6. the said Act 11. Hen. VII was repealed and the reason given For that by force of the said Act it was manifestly known That many sinister and crafty forged and feigned Informations had been pursued against many of the Kings subjects to their great dammage and wrongfull vexation The ill successe hereof saith Cook and the fearfull end of these two Oppressors who were Endited and suffered for High Treason for all the said Act 11. Hen. VII passed in a full and Free Parliament Cooks 3. Instit p. 208. Should admonish Parliaments That instead of this Ordinary and precious Triall by the Law of the Land they bring not in Absolute and Partiall Trialls by Discretion And in his 4. Instit page 41. Cook saith Let Parliaments leave all Causes to be measured by the golden and streightned wand of the Law and not the uncertain and crooked cord of Discretion for it is not almost Credible to foresee when any Maxime or Fundamentall Law of the Land is altered what dangerous inconveniences will follow as appeares by this unjust and strange Act 11. Henry VII chap. 3. 5. This Parliament alwaies declared they bore Arms against the King in Defence of the Laws Liberties and Properties of the People This way ran the whole current of their Declarations And they alwaies reckoned Magna Charta the Petition of Right and Trialls by Juries the Chief and most Fundamentall of all our Laws See their 1. Remonstrance Therefore in their 7. Article against Strafford They charged him with High Treason for giving Judgements against mens Estates without Trials by Juries Much aggravated by Master St. Iohns in his aforesaid Argument against Strafford And for the better preservation of Legall Trialls by Juries it is provided in the Bill of Attainder of Strafford that the case of the same Earl should not be used as a President in succeeding times And in two of this Parliaments late Declarations 9. Febr. and 17. March 1648. The Parliament promiseth To preserve and keep the fundamental Laws of the land for preservation of the lives liberties and properties of the people with all things incident thereto Now to erect an arbitrary lawless high Court to give judgment against mens lives and estates and attain their bloods without Enditement found by a grand Jury and a trial by a Jury of twelve sworn men vicineto is a far fouler breach of trust in them against their Sovereign Lords the People than all they charged the King withall and a far higher act of tyranny and injustice than either the late King or Empson and Dudley or Strafford were accused of But if they alledg They do not put down Juries in general but only in some particular mens cases and upon necessity I answer That we are all born Freemen of England alike That our ancient known Laws Laws Courts and trials by Juries are our inheritance equal alike to all And one party or part of the people ought not to be disherited disfranchised or forejudged no more than another No man can be said guilty of any crime until he be legally convicted and sentenced the Law must first go upon him and condemn him Ubilex non distinguit non est distinguendum If we do not live all under one Law and form of Justice we are not all of one Commonwealth See the aforementioned Gentlemans Argument against the special Commission of the Court of York For Necessity our present power is under none but the fears and terrors of their own guilty consciences No apparence nor probability of any enemy by their own confession nor can they plead in their excuse a necessity which they have brought upon themselves I know some Kings have de facto used the Animadversion of the Sword to cut off such powerful and dangerous persons as could not safely be called to account by the Law so dyed Joab Adonijah c. for which the rule is Neminem adeo eminere
1650. as I find it in Politicus speaking of his new purchased victory over the Scots Cromwel saith God puts it more and more into your hands to improve your power viz. your absolute Authority we pray own his People more and more that is the Army they are the Chariots and Horsmen of Israel of the Kingdom of the Saints disown your selves but own your Authority which you enjoy under the Protection of the Army your Lords Paramount and improve it to Curb the Proud and Insolent c. That is all men of different opinions and parties from them that will not engage to be true and owe Allegiance to the Kingdom of the Saints and resign their Laws Liberties and properties to their lusts and wills That I have not misconstrued the contents of Cromwels mystical letter will appear by a Discourse in the same Politicus Numb 17. from Thursday Sept. 26. to Octob. 3. 1650. Where according to his custom delivering forth State-Oracles to the people He tels them in plain English That after the Confusions of a Civil War there is a necessity of some settlement and it cannot be imagined the Controversie being determined by the Sword that the Conquerours should submit to the conquered though more in number than themselves Nor are they obliged to settle the Government again according to the former Laws and Constitutions but may erect such a form as they themselves conceive most convenient for their own preservation For after a Civil War the written Laws viz. established Laws of the Nation are of no force but onely those which are not written And a little after the King having by Right of war lost his share and interest in Authority and power being conquered by Right of war the whole must needs reside in that part of the People which prevailed over him There being no middle power to make any claim and so the whole Right of Kingly Authority in England being by Military Decision resolved into the prevailing Party what Government soever it pleaseth them to erect is as valid de Jure as if it had the consent of the whole Body of the People That he should affirm That after a Civil War the Established Laws cease is so gross a piece of ignorance that there is hardly any History extant but confutes it After our Barons war and the Civil War between York and Lancaster Our Established Laws flourished so did they after the Norman Conquest How many Civil Wars in France have left their Laws untouched That of the Holy Leage lasted 40 years Belgia keeps her Laws maugre her intestine Wars What is now become of the Parliaments declared Supreme Power and Soveraign Lord the People the Original and Fountain of all just power are they not all here proclamed Ear-bored slaves for ever But I had thought that an Army of Mercenary Saints raised payed and commissioned by the Parliament to defend the Religion Laws Liberties and Properties of the people and the Kings Crown and Dignity according to the Protestation and Covenant and the Parliaments Declarations would not have made such carnal and hypocritical use of their Victories gotten by Gods providence and the peoples money as to destroy our known Laws Liberties and Properties and claim by Conquest and impose their own lusts for Laws vpon us thereby rendring themselves Rebels against their God their King and Countrey Nor was it ever the State of the Quarrel between the King and Parliament whose slaves the people should be Or whether we should have one King Governing by the known established Laws or 40 Tyrants Governing by their own lusts and arbitrary votes against our written Laws Nor can the success make n Conquest just unless the cause of the war were originally just and rhe prosecution thereof justly managed As 1. To vindicate a Just Claim and Title 2. Ad res repetendas To recover Damages wrongfully sustained 3. To repel an injury done to your self or to your Ally in league with you The ultimate end of these wicked endeavors is To establish and cement with the blood of their adversaries the Kingdom of the Brambles or Saints already founded in blood by cutting of all such by their said New Acts of Treason and High Court of Justice as will not bow their Necks to their Iron yoke Which appears more clearly in an Additional Act giving farther power to the said High Court dated 27. Aug. 1650. To hear and determine all Misprisions or Concealments of Treasons mentioned or contained in any of the said Articles or Acts of Parliaments And to inflict such punishments and award such execution as by the Laws and Statutes have been or may be inflicted This Law if I miscal it not considering how they have multiplied Treasons by their said 3 New Statutes 14. May 17 July 1649. and 26. March 1650. Whereby bare words without Act are made High Treason contrary to those well approved Statutes 25 Edw. 3. chap. 2. 1 Hen. 4. chap. 10. 1 Edw. 6. chap. 12. 1 Mariae chap. 1. Cook 3 Instit saith That words may make an Heretick not a Traitor Chap. High Treason And the Scripture denounceth a woe to him That maketh a man an Offender for a word is one of the cruelst and most generally dangerous and entrapping that ever was made For hereby all relations Husband and Wife Parents and Children Brothers and Sisters Masters and Servants are all injoyned to be informers against and accusers of one another which is to take upon them the Devils office and be Accusatores Fratrum for light and vain words spoken only in passion or ignorantly or else they fall into the jaws of this all-devouring Court from whence no more then from hell there is no redemption for Misprision of Treason the Penalty whereof is loss of liberty and lands for life and of goods for ever Who can imagine lesse hereby but that our Statists intend to raise a yearly revenue by this Court by Forfeitures and Confiscations and to erect an Office of Master of the States Forfeitures like Empsons and Dudleys in Hen. VII time aforesaid And so continue this Court 10. Decemb. 1650. A New Act passed for establish ng an High Court Justice in Nâ—â—folk Suffolk Huntington Camb idge Lincoln and the Islâ— of Ely c. And so by degrees this gangrene shall enlarge it self all the Kingdom over to weede out the Ancient Inhabitants Canaanites and Amalekites The said Additional Act 27. Aug. 1650. concludes That the said High Court shall not Examine Try or proceed against any person other then such as shall be first by name appoinâ—ed by the Parliament or Councel of State It should seem the Parliament and Councel of State supply the want of a Grand Inquest and their Appointment is in stead of a Bill of Enditement found and presented As Assuredly as the High Inquisition was erected in Spain by Ferdinando and Isabella to extirpate the Mahometan Moors And the said Councel of Blood in the Lowe Countreys by the Duke D' Alva
Justice or signed the Warrant for execution of any person there condemned Thus by the blessing of God I have waded through the many intricate Meanders and Revolutions untill at last I have as it were brought you by the hand to see that desperate Faction of Indepencency as one may say laid into its Grave all the heads thereof being so annihilated by the Iustice of the known Law of the Land that I hope its memory shall be raked up in such an Eternal forgetfulnesse that posterity seeing no foot-steps thereof shall conceive it to be a bare name a mere notion or aliquid non ens of which in nature there can be no subsistance An Appendix HOw far the Treasons of faction have reached and how high they durst soare is to be seen before I shall onely now in short give a hint how highly the Law of England resents such impious acts I say then the wisdome and foresight of the Laws of this Land in all cases of Treason maketh this judgement that the Subject that riseth or rebelleth in forcible to over-rule the royal will and power of the King intendeth to deprive the King both of Crown and Life and this is no mystery or quidity of the Common Law but an infallible conclusion drawn out of reason and experience for the Crown is not a ceremony or Garland but as Imperial consisteth of preheminence and power This made former Traytors in all their quarrels against their Princes not to strike down-right because God unto Lawful Kings did ever impart such beams of his own glory as Rebels never durst look straight upon them but ever turned their pretences against some about them this caused the Judges sometime to deliver their opinions for matter in Law upon two points The first that in case where a subject attempteth to put himself into such strength as the King shall not be able to resist him and to force and compel the King to govern otherwise then according to his own royal authority and direction it is manifest rebellion The second that in every Rebellion the Law intendeth as a consequent the compassing the death and deprivation of the King as foregoing that the rebel will never suffer that King to live or raign which might punish or take revenge of his treason And this is not onely the wisdome of the Laws of our own Kingdome but it is also the censure of forraign Laws the conclusion of common reason which is the ground of Law and the demonstrative assertion of experience which is the warranty of all reason For the first the Civil Law that saith Treason is nothing else but Crimen Laesae vel dimminutae Majestatis making every offence which abridgeth or hurteth the power and authority of the Prince as an insult or invading of the Crown and extorting the imperial Scepter And for common reason and experience they cry it is not possible that a Subject should once come to that height as to give law to his Soveraign but what with terror of his own guilt and what with the insolency of the change he will never permit the King if he can chuse to recover his authority nay or to live Experience further tells us and 't is confirmed by all stories and examples two notable ones we had formerly in our own Chronicles the first of Edw. the 2d who when he kept himself close for danger was summoned by proclamation to come and take upon him the Government but as soon as he presented himself was made prisoner next forced to resign and shortly after was tragically murthered in Berkly-Castle The other is of K. Rich. the second before whom the Duke of Hereford afterwards K. Hen. the 4th presented himself with three seemingly humble but indeed flattering reverences yet in the end both deposed him and put him to death but our own experience outvies all else in the Horrid murther of our late dread Soveraign which is related in the former parts the punishment whereof is fully related in this last part and therefore I shall no more thereof in this place You may have observed that the practice of our Regicides was after they had ruined the Gentry to advance their own kindred and allyes though never so insufficiently unworthy to the most profitable places of the Common wealth by which means all kind of exorbitances were committed without controul the Death of the King being attended with infinite oppressions as in such changes is usual which made Writers say that the Death of Caesar was no benefit to the Romans but rather brought greater Calamities on them they underwent befere as may be found in Aspian The success was the like when Nero fell for the next year that followed after his Death felt more oppression and spilt more blood then was shed in all those nine years wherein he had so tyrannically reigned So when the Athenians had expelled one Tyrant they brought in thirty and when the Romans expelled their King they did not put away the Tyranny but only change the Tyrants But such and so tender is the hand of heaven over us that he hath not only restored our Kings as at the first and all our Counsellors as at the beginning but brought us home our King so accomplished and pious that we must needs confesse with the Children of Israel because the Lord hath a delight in us therefore hath he made him King over us Oh then let us render without grudging unto Caesar the things that are Caesars acknowledge him as Gods immediate Vicegerent not prescribing him in what manner we will be ruled nor by what means But in all things with obedience and humility to submit to his command like Julian the Apostata's Soldiers who would not sacrifice at his words sed timendo potestatem contemnebant potestatem in fearing the power of God they regarded not the power of man yet when he led them against his enemies Subditi errant propter Dominum eternum etiam Domino Temporali I will conclude all with one word of Advice Since God hath so bettered our condition that our words are hardly able to express our happinesse to avoyd the danger of a relapse through a too carelesse security let circumspection moderation take away all bitternesse rather reflecting on the offences then the persons of any offenders so it may be those concerned will not be so desperate to proceed on further in their wicked courses but with speed retire and make some recompence to inâ—ured parties by their future provident endevours for the Common good And for these Loyal hearts who have borne the brunt of the storm both at home and abroad since God hath rescued them as brands out of the fire 't is hoped they will be nothing the more secure in their vigilant care of future occurrences having alwayes a provident eye for the timely prevention of such inconveniencies as might steal on them in their own or be intended against them from forrain parts That so the Throne of our Solomon may continue for ever and peace be upon our Israel 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sed bene velle meretur veniam Cicero THE END ☞ There is now in the Press ready to come forth that so much desired Book intituled An Exact History of the Life and Actions of Hugh Peters As also his Diary Sold by H. Brome and H. Marsh c.
THE COMPLEAT HISTORY OF Independencie UPON THE PARLIAMENT Begun 1640. By CLEM. WALKER Esq Continued till this present year 1660. which fourth Part was never before published Horat. Spe Metuque procul LONDON Printed for Iohn Wiliams at the Crown in St. Paul's Church-yard 1661. RELATIONS AND OBSERVATIONS HISTORICAL and POLITICK upon the PARLIAMENT begun Anno Dom. 1640. Divided into II. Books 1. The Mystery of the two Junto's Presbyterian and Independent 2. The History of Independency c. TOGETHER WITH An APPENDIX touching the Proceedings of the Independent Faction in SCOTLAND POLIB Historici est Ne quid falsi audeat dicere Ne quid veri non audeat HORAT Spe metuque procul Printed in the Year 1648. To my dread Soveraign Royal Sir YOU have Drunk deep in the Cup of Affliction and we have all Pledged you it is wholsome though bitter but let us pray to God to remove this Cup in time for the dregs and lees are poyson You have learned by over-winding the strings of Authority how to tune the People of this Monarchy without breaking their Patience hereafter Most Princes desire unlimited power which is a Sail too great for any Vessel of Mortality to bear though it be never so well Ballasted with Justice Wisdome Moderation and Piety yet one flarb or other will endanger the over-setting it Those Commonwealths are most stable and pleasing where the State is so mixed that every man according to his degree and capacity hath some interest therein to content him The KING Sovereign Command and Power The Nobility and Gentry a derivative Authority and Magistracy and all enjoy their Laws Liberties and Properties God hath cursed him that removeth the Bound-marks of his neighbour this is a comprehensive curse Kings enlarging their Prerogatives beyond their limits are not excepted from it You may be pleas'd to take heed therefore of two sorts of men most likely to mis-lead you in this point Ambitious Lawyers who teach the Law to speak not what the Legislators meant but what you shall seem to desire To avoyd this snare suffer your Parliament to nominate 3. men for every Judges place out of which you may please to choose one as in pricking of Sheriffs For it is the people that are obnoxious to their wickedness you are above the reach of their malice The second sort is Parasitical Divines These Ear-wigs are alwayes hovering in Princes Courts hanging in their ears They take upon them to make Princes beholding to their violent wresting of the Text to bestow upon them whatever Prerogative the Kings of Juda or Israel used or usurped as if the judicials of Moses were appointed by God for all Common-wealths all Kings as a good Bishoprick or Living is fit for every Priest that can catch it These men having their best hopes of preferment from Princes make Divinity to be but Organon Politicum an instrument of Government and harden the hearts of Princes Pharaoh-like Kings delight to be tickled by such venerable warrantable flattery Sir you have more means to prefer them than other men therefore they apply themselves more to you than other men do Tu facis hunc Dominum te facit ille Deum The King makes the poor Priest a Lord and rather than he will be behind with the King in courtesie he will flatter him above the condition of a Mortal and make him a God Royal. Sir permit me to give you this Antidote against this poyson let an Act be past That all such Divines as either by Preaching Writing or discoursing shall advance your Prerogative and Power above the known Laws and Liberties of the Land forfeit all his Ecclesiastical preferments ipso facto and be incapable ever after and for ever banished your Court. But above all learn to trust in your Judgment Plus aliis de te quà m tu tibi credere noli God hath enabled you to remember things past to observe things present and by comparing them together to conjecture things to come which are the three parts of Wisdom that will much honor and advantage you God keep your Majesty so prayes Your humble Subject THEOPH VERAX To his Excellency Sir THOMAS FAIRFAX and the ARMY under his Command MY Lord and Gentlemen I have here by way of Preparation laid open to your view those Vlcers which you have undertaken to cure viz. The 2 Factions in Parliament Authors of Schismes and Divisions in the two Houses from whence they are derived to the whole Kingdome to the obstructing of justice and of the establishment of our Laws Rights Liberties and Peace the enslaving of the Parliament it self and the dilapidating of the Publick Treasure whereby the whole Kingdom may be enfranchised secured and united and the King and his Posterity setled in His due Rights which is the sum of all your undertakings in your many reiterated Papers I confess a Herculean labour and far beyond his clensing of the Augaean Stable That was performed by an Arm of flesh this cannot be effected without an extraordinary calling for ordinary calling thereto you have none and God seldome blesseth a man out of his calling and though an heroick heat and zeal may go far yet it will tire many miles on this side the work unless it be blown and inspired with divine breath And as Alchymists say of the Philosophers Stone so I of this work which is the Philosophers Stone in our English Politicks it cannot be effected but by a man of wonderfull and unspotted Integrity and Innocency free from all Fraud Self-seeking and Partiality In order to this great work you have already begun to sift and winnow the House of commons by charging 11 Presbyterian Grandees who if they be proved guilty must needs have their counterpanes equally faulty even to a syllable in the opposite Junto of Independents for when two factions shall conspire to toss keep up the golden ball of Government Profit Preferment between them neither can be innocent unless therefore you apply your corrosive to one Vlcer as well as the other you will never work a compleat cure nor will be free from scandal and appearance of faction or design that I may use your own words to weaken onely one party under the notion of unjust or oppressive that you may advance another more than your own Representation p. 6. sect 2. Besides it is observed that you speak but coldly to have the publick accounts of the Kingdom Stated putting it off with a wish only as if you did secretly fear what the Presbyterians openly say That the Independents are guilty of more Millions than their party your own words are p. 14. sect 7. We could wish the Kingdom might both be righted publickly satisfied in point of Accounts for the vast sums that have been Leavied as also for many other things c. But we are loath to press any thing that may lengthen dispute Are so many Millions to be cursorily passed over without dispute were they not the
the Law to a Committee of Parliament such as have gone beyond the Authority given by Parliament and sequestred men unjustly and so withheld their goods under pretence thereof and such as have leavied Taxes three or four times over are quit from private actions and the benefit of Law and Justice taken from the oppressed to secure Country Committees Sequestrators and others not Prerogative but Legislative Thieves contrary to Magna Charta which says nulli negabimus nulli differemus justitiam aut rectum We will deny nor defer justice and right to no man Oh prodigious acts and of greater Tyranny than any King ever durst adventure upon What is become of our National Covenant and the Parliaments many Declarations for defence of Laws and Liberty Or have we fought our Liberty into slavery By these devices the honest middle men of the House whose Consciences will not let them joyn in any faction to rend the Commonwealth in sunder are out of all possibility of repair and made contemptible as well by their own wants as the pride of the Grandees and in the end their poverty will enforce them to leave the sole possession of the House to these thriving Junto men who do beleaguer them therein making them for farther addition to their losses pay all taxes from which the thriving men go free so that the poorer part of the House pays tribute to the richer Nay it is farther whispered that at last the Junto men will quit the Parliament Privilege of not being sued purposely to leave these younger Brothers to the mercy of their creditors and disable them to sit in their House Another ambitious aym of those Junto men is their devise of referring all businesses of moment to Committees Committees of the Houses For the active speaking men by mutual agreement naming one another of every Committee or at least their confident Ministers do thereby fore-stall and intercept the businesses of the House and under colour of examining and preparing matters they report them to the House with what glosses additions detractions and advantages they please whereby the House judging according to their report oftentimes mis-judgeth and if it be a businesse they are willing to smother the Committees have infinite artifical delays to put it off and keep it from a hearing or at least from reporting By this means the remaining part of the House are but Cyphers to value and Suffragans to ratifie what is forejudged by the said Committees This usurpation of theirs is much helped by keeping the doors of their Committee-rooms shut and dispatching all affairs privately and in the dark whereas Justice delights in the light and ought to be as publick as the common air it being against its nature to be Chambered up and kept from the observation of eye and ear-witnesses And by their examining of men against themselves contrary to Magna Charta they much enlarge their power Parts of this project we may well call the Multiplicity of money-Committees as Goldsmiths-hall Haberdashers-hall Money Committees the Committee of the Kings Revenues Committee of the Army c. Where every mans profit and power is according to his cunning and conscience Hereby they draw a generall dependency after them for he that commands the money commands the men These Committee-men are so powerfull that they over-awe and over-power their fellow-Members contrary to the nature of a free-Paliament wherein the equality of the Members must maintain the freedom and integrity thereof and suppress factions The like may be said of such Members as in scorn of the self-denying Ordinances hold Offices by gift or connivence of the Parliament either openly in their own name Members holding Offices c. or secretly in the name of some friend Their offices inabling them to do courtesies and discourtesies And although there hath been a Committee appointed to certifie all pensions sequestrations offices imployments of advantage and profits conferred by the Parliament upon any their Members in which Committee Mr. Sands holdeth the chair yet is this meerly a formality to blind the eys of the World and fool the expectation of some losing Members who were then resolute to know who had already received satisfaction for their losses and how far they had out-run their fellow-Members therein Yet this Committee is now let fall no reports demanded of Mr. Sands and when any is to be made they are not unprovided of a means to make it fruitless by putting every particular to debate well knowing that no man will be willing to argue against the particular persons and merits of his fellow Members and thereby heap envy upon his own head besides the delay of a particular debate How frequently the Countrie Committees act contrary to the Laws of the Land Country Committees how they trample Magna Charta under their feet how boldly and avowedly they transgress all Orders and Ordinances of Parliament and break our Solemn League and Covenant how they ordinarily turn well-affected men out of their free-holds and goods imprison and beat their Persons without any known charge accuser or witnesse against them nay murther them as in the case of Doctor Rawleygh killed in prison at Welles by the Committees Marshal and the poor men murthered at Bridgwater whose bloods were shed like the blood of a dog and no real prosecution thereof how frequently they leavy one Taxe three or four times over and continue their leavies after the Ordinance expiâ—e How cruelly they raise the twentieth and fifth part upon the well-affected exercising an illegall arbitrary tyrannical power over their fellow Subjects far higher than ever Strafford or Canterbury durst advise the King to how ignorantly and unjustly they exercise a power to hear and determine or rather to determine without hearing or hear without understaâ—ding private controversies of Meum Tuum for debts trespasses nay Title and possession of Lands without either formality or knowledge of the Law not having wit manners nor breeding enough as being chosen for the greatest part out of the basest of the People for base ends to satisfie men with an outside or Complement of justice Insomuch that nothing is now more Common than an accusation without an accuser a sentence without a Judge and a condemnation without a hearing How they exclude all other Magistracy ingrossing to themselves the power of Sheriffs Justices of Peace Church-wardens c. in an Arbitrary way keeping Troops of Horse upon pay and free-quarter for their guards like the 30 Tyrants of Athens and if any man but speak of calling them to give an account they presently vote him a Delinquent and Sequester him If any man I say be so deaf as not to hear the loud universal out-crying of the people so great a stranger in our Israel as not to know these truths let him peruse M. Edward Kings discovery of the arbitrary actions of the Committee of Lincoln and the heads of Grievances of Glamorganshire printed 1647. where he may see these
continued in pay for safety of this Kingdom and some of them to be sent for Ireland for which purpose they borrowed 200000 l. of the City being the same sum which disbanded the Scots and for the rest of their Arrears they were to have Debenters and Security without all exceptions such terms of advantage as no other disbanded Souldiers have had the like neither are these like to attain to again so that they have brought the Souldiers into a loss as well as into a labyrinth their continuing in arms without nay against lawful Authority being a manifest act of Treason and Rebellion and so it is looked upon by the whole Kingdom nor can the Parliaments subsequent Ordinances which all men know to be extorted by force as hereafter shall appear help them To the passing of this Ordinance Cromwels Protestation in the House with his hand upon his brest In the presence of Almighty God before whom he stood that he knew the Army would disband and lay down tbeir Arms at their door whensoever they should command them conduced much this was maliciously done of Cromwel to set the Army at a greater distance with the Presbyterian Party and bring them and the Independent party neerer together he knew the Army abominated nothing more than Disbanding and returning to their old Trades and would hate the Authors thereof 8. Agitators raised by Cromw And at the same time when he made these protests in the House he had his Agitators Spirits of his and his Son Ireton's conjuring up in the Army 9. The beginning of the project to purge the Houses though since conjured down by them without requital to animate them against the major part of the House under the notion of Royalists a Malignant party and Enemies to the Army to engage them against Disbanding and going for Ireland and to make a Traiterous Comment upon the said Ordinance 10. The Army put into mutiny against the Parliament wherby Cromwell monopolizeth the Army to demand an Act of Indemnity and relie upon the advice of Judge Jenkins for the validity of it and to insist upon many oâ—her high demands some private as Souldiers some publique as States-men Cromwell having thus by mutinying the Army against the Parliament made them his own and monopolized them as he did formerly his Brew-house at Ely which he might easily do 11. Cromwel's family in the Army having before-hand filled most of the chief Officers in the Army with his own kindred allyes and friends of whose numerous family 12. Cromwel and Ireton usurp Offices in the Army Lievt Col. Lilburn gives you a list in one of his Books he now flies to the Army doubting his practises discoverd he might be imprisoned where he and Ireton assuming Offices to themselves acted without Commission having not only been ousted by the self-denying Ordinance if it be of any power against the godly but also their several Commissions being then expired and Sir Thomas Fairfax having no authority to make General Officers as appears by his Commission if he make any account of it and therefore Sprig alias Nathaniel Fines in his Legend or Romance of this Army called Anglia Rediviva sets down two Letters sent from Sir Thomas Fairfax to the Speaker William Lenthal one to desire Cromwel's continuance in the Army another of thanks for so long forbearing him from the House see Ang. Red. p. 10 11 29. which needed not had he been an Officer of the Army And now both of them bare-faced and openly joyn with the Army at Newmarket in trayterous Engagements Declarations Remonstrances and Manifesto's and Petitions penn'd by Cromwel himself were sent to some Counties to be subscribed against supposed Obstructors of justice and Invaders of the Peoples Liberties in Parliament and the Army at Newmarket and Triplo-Heath prompted to cry justice justice against them and high and treasonable demands destructive to the fundamental priviledges of Parliament were publickly insisted upon many of which for quietnesse sake and out of compassion to bleeding Ireland were granted yet these restless spirits hurried on to further designs made one impudent demand beget another and when by Letters and otherwise they had promised That if their then present demands were granted they would there stop and acquiesce yet when they seemed to have done they had not done but deluded and evaded all hopes of Peace by mis-apprehension and mis-construction of the Parliaments concessions making the mis-interpretations of one grant the generation of another demand so that almost ever since the Parliament hath nothing else to do but encounter this Hydra and roll this stone Having thus debauched the Army Securing Oxford plundring the King from Holdenby he plotted in his own Chamber the securing the Garison Magazine and Train of Artilery at Oxford and surprizing the Kings person at Holdenby which by his Instrument Coronet Joyce with a commanded party of Horse he effected and when Joyce giving Cromwel an account of that action told him He had now the King in his power well replied Cromwel I have then the Parliament in my Pocket O insolent Slave O slavish English thus to suffer your King and Parliament together with your Wives and Children Religion Laws Liberties and Properties to be Captivated by so contemptible a Varlet If our Noble Ancestors who vindicated their Liberties and got Magna Charta by the Sword shall look down from Heaven and see their Posterity so cowardly resign them to a handfull of bloody cheating Shismaticks they will not own us but take us for Russian Slaves French Peasants and cry out that we are a Bastard brood Servi natura born for bondage yet afterwards having recourse to his usual familiarity with Almighty God Cromwel used his Name to protest his ignorance and innocence in that businesse both to the King and Parliament adding an execration upon his Wife and Children to his protestation yet Joyce is so free from punishment that he is since preferred and his Arrears paid by their means and though both Houses required the Army to send his Royal Person to Richmond to be there left in the hands of the Parliaments Commissioners whereby both Kingdoms might freely make addresses to him for they had formerly excluded and abused the Scots Commissioners contrary to the law of Nations and Votes of both Houses and yet then granted free access to the most desperate persons of the Kings Party yet they could obtain no better answer from these Rebellious Saints than That they desired no place might be proposed for his Majesties residence nearer London Manifesto of the Army June 27. 1647 than where they would allow the Quarters of the Army to be This was according to their old threats of marching up to London frequently used when any thing went contrary to their desires they knew what dangerous and troublesome guests we should find them here How much is this Army degenerated since Cromwel and his demure white-livered Son-in-law Ireton poysoned their
manners with new principles Anglia Rediviva p. 247. tells us that about Woodstock private overtures were made by some from Court for receiving his Majesty who was minded to cast himself upon the Army but such was their faithfulness in that point that conceiving it derogatory to the honour and power of Parliament for his Majesty to wave that highest Court and address himself to any others and therefore inconsistent with their trust and duty being servants of the State they certified the Parliament thereof and understanding it to be against their sense also they absolutely refused to be tampered with Oh how faithful then how perfidious and Cromwellized are they now let their frequent tampering with the King and His Party to the amazement of the Kingdom and the abusing of the King testifie Read Putney Projects written by a considerable Officer of the Army and a friend to Cromwel though not to his false practices 14. Their project to keep the Parliament in Wardship Having thus gotten the King the first and most visible legal authority of England into their possession their next design is to get the Parliament the second legal authority of England into their power 15. Purging the Houses again This could not be effected but by purging the two Houses of Presbyterian Members especially the most active and such as had laboured their disbanding that an Independent Parliament and Army might govern the Kingdom In order to which design they sent to the House of Commons in the name of Sir Thomas Fairfax and the Army 16. Accusing the 11. Members a general and confused Charge of High Treasons and other mis-demeanours against eleven Members for things done for the most part in the House and many of the principal such as the House had long before examined and acquitted them of and such as the whole Kingdom knows Cromwel and Ireton to be apparently guilty of as Trucking with the King c. One cheif Article insisted upon in the Charge was That by their power in the House they caused the Ordinance for Disbanding this Army to pass Here you see where the shooe wrings them This Charge was not subscribed by any informer that ingaged to make it good or else to suffer punishment and make the House and the parties accused reparations as by the Stat. 25. Ed. 3. c. 4. 27. Ed. 3. c. 18. 38. Ed. 3. c. 9. 17. R. 2. c. 6. 15. H. 6. c. 4. but especially by 31. H. 6. c. 1. concerning Jack Cade which comes nearest this case ought to be and they professed in the 2. 3. 4. Article of their Charge That they were dis-obliged and discouraged from any further engagement in the Parliament service or Irelands preservation And demanded the House should forthwith suspend the impeached Members from any longer sitting and acting Whereupon the House after full debate in a full and free Parliament Resolved June 25. 1647. That by the Laws of the Land no judgment could be given for their suspention upon that general Charge before particulars produced and proofs made Yet the Army which had now learned only to acquiesce in their own prudence and justice insolently threatned to march up to Westminster against the Parliament 17. Threats to march up to London in case the said 11 Members were not suspended and courted the City of London to sit Newters 18. London solicited to fit Newters and let them work their will with the Parliament The 11. impeached Members therefore modestly withdrew to free the House from such danger as they might incur by protecting them as in Justice and Honour they were bound to do After this the Army sent in their particular Charge and libellously published it in print by their own Authority To which the 11. Members sent in and published their Answer Upon which there hath been no prosecution because they pretend first to settle the Kingdom bâ—t if they stay till these fellows have either authority will or skill to settle the Kingdom they shall not need to make ready for their tryal till Dooms-day Here you have a whole Army for Accusers and the chief Officers of the Army being Members of the House not only accusers but parties Witnesses and Judges and carrying the Rules of Court and Laws by which they judge in their Scabards And the Charge of Impeachment such as all men know mutatis mutandis are more suitable to Cromwells and Iretons actions than the accused Parties If the proceeding in the Kings name against the 5 Members mentioned in The exact Collection part 1. p. 38. were Voted A Trayterous design against King and Parliament and the arresting any of them upon the Kings Warrant an Act of publick enmity against the Common wealth How much more Treasonable were these proceedings and the Armies March towards London to enforce them and their arresting Anthony Nichols having the Speakers Passe and leave of the House Colonel Burch being upon service of the Parliament going for Ireland and Sir Samuel Luke resting quiet in his own house 19. The first occasion of quarrel against the City Whilst these things were acting Cromwel finding he could not have his will upon the Parliament but that he must make the City of London who had denied the neutrality his Enemies cast about how to cheat the Country people of their affections for to have both City and Country his Enemies in the posture his Army was then in 20. Courting and cheating the Country and all other interest to lull them a sleep till the Grandees had wrought their will upon the City and Houses was dangerous he therefore by many Printed Books and Papers spread all England over by his Agitators and by some Journey-men Priests whose Pulpits are the best Juglers boxes to deceive the simple Absolom-like wooeth them to make loud Complaints of the pressures and grievances of the People to neglect the King and the Parliament and make Addresses to the Army as their only Saviours the Arbitrators of Peace Restorers of our Laws Liberties and Properties Setlers of Religion Preservers of all just interests pretended to settle the King in his just Rights and Prerogatives to uphold the Privileges of Parliament 21. Petitions to the Army and for the Army establish Religion to reform and bring to account all Committees Sequestrators and all others that had defiled their fingers with publique money or goods To free the people from that all devouring Excise and other Taxes to redresse undue elections of Members To relieve Ireland Things impossible to be performed by an Army and now totally forgotten so that they have only accepted of their own private demands as Souldiers That the Parliament should own them for their Army Establish pay for them put the whole Militia of this Kingdom and Ireland both by Sea and Land into their Hands and Vote against all opposite Forces But they are now become the only Protectors of all corrupt Committee-men Sequestrators Accomptants to the State and all other
submit to the power of the Sword the hilt and handle whereof they hold They turn out the Lieutenant of the Tower without cause shewn The consequences of these two actions were that immediately the City decayed in Trade above 200000 l. a week and no more bullion came to the Mint They displace all our Governours though placed by Ordinance of Parliament and put in men of their own party for this encroching faction will have all in their own hands they alter and divide the Militia of London setting up paâ—ticular Militia's at Westminster Southwark and the Hamblets of the Tower that being so divided they may be the weaker Demolish the Lines of Communication that the City and Parliament may lie open to Invasion when they please and fright many more Members from the Houses with threats and fear of false impeachments The 11. impeached Members having leave by order of the House and license of the Speaker some to go beyond Sea and Anthony Nichols to go into his own Country to settle his Affairs Some of them as Sir William Waller and M. Den Hollis were attacht upon the Sea Nichols arrested upon the way into Cornwall by the Army and despightfully used And when the General was inclined to free him Cromwel whose malice is known to be as unquenchable as his Nose told him he was a Traitor to the Army You see now upon whom they meant to fix the peoples allegiance for where no allegiance is due there can be no Treason and to what purpose they have since by their 4 Votes first debated between the Independent Grandees of the Houses and Army laid aside the King and as much as in them is taken off our Allegiance from him Col. Birch formerly imployed for Ireland by the Parliament was imprisoned and his men mutinied against him by the Army and Sir Sam. Luke resting quietly in his own house was there seized upon and carried Prisoner into the Army All these Acts of terror were but so many scarecrowes set up to fright more Presbyterians from the Houses and make the Army masters of their Votes 38. Proceedings of both Houses under the power of the Army I must in the next place fall upon the Proceeding in both Houses acted under the power and influence of this all-inslaving all-devouring Army and their engaged party to attain the knowledge whereof I have used my utmost industry and interest with many my near friends and kinsmen sitting within those Walls heretofore when Kings 39. Ordinance to Nul and Void all Acts passed in absence of the 2 runagado Speakers not Brewers and Draymen were in power the walls of publick Liberty The Lords that sate in absence of the two Speakers all but the Earl of Pembrook whose easie disposition made him fit for all companies found it their safest course to forbear the House leaving it to be possessed by those few Lords that went to and engaged with the Army which ingaged Lords sent to the Commons for their concurrence to an Ordinance To make all Acts Orders and Ordinances passed from the 26 July when the tumult was upon the Houses to the 6 of August following being the day of the fugitive Members return Void and Null ab initio This was five or six several days severally and fully debated as often put to the question and carried in the Negative every time Yet the Lords still renewed the same message to them beating back their Votes into their throats and would not acquiesce but upon every denial put them again to roll the same stone contrary to the privileges of the Commons The chief Arguments used by the engaged party were all grounded upon the Common places of fear and necessity 40. Menaces used by the engaged party in the House Mr. Solicitor threatning if they did not concur the Lords were resolved to vindicate the Honour of their House and sit no more they must have recourse to the power of the Sword The longest Sword take all That they were all engaged to live and die with the Army They should have a sad time of it Haslerigge used the like language farther saying Some heads must flie off and he feared the Parliament of England would not save the Kingdom of England they must look another way for safety They could not satisfie the Army but by declaring all void ab initio and the Lords were so far engaged that no middle way would serve To this was answered That this was an appeal from the Parliament to the Army And when these and many more threats of as high nature were complained of as destructive to the liberty and beings of Parliaments the Speaker would take no notice of it Sir Henry Vane junior Sir John Evelin junior Prideaux Gourdon Mildmay Thomas Scot Cornelius Holland and many more used the like threats Upon the last Negative being the fifth or sixth the Speaker perceiving greater enforcements must be used pulled a Letter out of his pocket 41. A threatning Remonstrance from the Army to the House From the General and General Council of the Army for that was now their stile pretending he then received it But it was conceived he received it over night with directions to conceal it if the question had passed the affirmative It was accompanied with a Remonstrance full of villanous language and threats against those Members that sate while the two Speakers were with the Army calling them pretended Members charging them in general with Treason Treachery and breach of Trust and protested if they shall presume to stir before they have cleared themselveâ— that they did not give their assents to such and such Votes they should sit at their peril and he would take them as prisoners of War and try them at a Council of War What King of England ever offered so great a violence to the fundamental Privileges of Parliament as to deny them the Liberty of Voting I and No freely Certainly the little finger of a Jack Cade or a Wat Tyler is far heavier than the loynes of any King Many Members were amazed at this Letter and it was moved That the Speaker should command all the Members to meet at the House the next day and should declare That they should be secured from danger And that it might be ordered That no more but the ordinary Guards should attend the house But these two motions were violently opposed with vollies of threats by the aforesaid Parties and others And after more than two hours debate the Speaker refused to put any question upon them or any of them and so adjourned to the next morning leaving the Presbyterian Members to meet at their Peril The next day being Friday the 20. August there was a very thin Assembly in the House of Commons the House having with so much violence denyed protection to their Members the day before made most of the Presbyterian party absent Some went over to the Independent party others sate mute At last a Committee was appointed presently
to bring in an Ordinance of Accommodation which was suddenly done and passed and is now printed at the latter end of the said menacing Remonstrance of the Army a Child fit to wait upon such a Mother 42. Debate in passing the Ordinance of null and void Thus was this Ordinance of null and void gotten which hath been the cause of so much danger and trouble to multitudes of people by the Lords reiterated breaches upon the Privileges of the House of Commons The engaged parties threats within dores The Armies thundring Letters and Remonstrance Their Guards upon their doors and a Regiment or two of Horse in Hide Park ready to make impressions upon the House in case things had not gone to their minds diverse of whose Commanders walking in the Hall enquired often how things went protesting they would pull them forth by the Ears if they did not give speedy satisfaction Thus for the manner of passing that Ordinance The matter of Argument used against it was as far as I can hear to the purpose following It was alleged that the Force upon Monday 26. July ended that day that the next day being Tuesday the House met quietly and adjourned that upon Friday following the Houses sate quietly all day and gave their Votes freely and so forward the City having sufficiently provided for their security that the transient force upon Monday could have no influence on the Houses for time to come That the Supreme power of no Nation can avoid their own Acts by pretended force this would make the Common people the Jurors and Judges to question all Acts done in Parliament since one man can and may judge of force as well as another this were to bring the Records of the House into dispute Magna Charta was never gotten nor confirmed but by Force Force was three-fold upon one or both Houses or upon the King in giving his Royal assent neither could plead it the Parliament is presumed to consist of such men as dare lay down their lives for their Country When the King came with force to demand the 5. Members When the City came down crying for justice against the Earl of Stafford When the Women came down crying for Peace When the Reformadoes came down in a much more dangerous Tumult than this of the unarmed Apprentices yet the Houses continued sitting and acting and none of their Acts were nullified That to make their Acts Orders and Ordinances void ab initio would draw many thousand men who had acted under them into danger of their lives and fortunes who had no Authority to dispute the validity of our Votes we must therefore give them power to dispute our Acts hereafter upon matter of fact for to tie men to unlimited and undisputable obedience to our Votes and yet to punish them for obeying whensoever we shall please to declare our acts void ab initio is contrary to all reason If to act upon such Ordinances were criminal it was more criminal in those that made them And who shall be Judges of those that made them not the Members that went to the Army They are parties pre-ingaged to live and die with the Army and have approved the Armies Declaration calling those that sate a few Lords and Gentlemen and no Parliament They have joyned with a power out of the Houses to give a Law to and put an engagement upon both Houses a president never heard of before of most dangerous consequence it takes away the liberty of giving I and No freely being the very life of Parliaments If all done under an actual force be void it it questionable whether all hath been done this four or five years be not void and whether his Majesties Royal assent to some good Bils passed this Parliament may not be said to have been extorted by force If the Kings partie prevail they will declare this Parliament void upon the ground your selves have laid Fabian's History 1. Hen. 7. that King urged the Parliament to make void ab initio all Acts passed Rich. 3. which they refused upon this ground that then they should make all that had acted in obedience to them liable to punishment only they repealed those Acts. The debate upon this Ordinance of Null and Void held from Monday 9. of Aug. to the 20. Aug. when it was passed but not without some interloaping debates of something a different nature yet all looking the same way occasioned by Messages from the Lords 43. The Lords Message to the Commons to approve the Declaration of the Army Namely once upon a Message from them The said Declaration from Sir Thomas Fairfax and his Army concerning their advance to London was read and debated in grosse whether the Commons should concur with the Lords in approving it But almost all but the ingaged party and their pensioners distasted it it was laid by without any question put lest it should prove dangerous to put a Negative upon their Masters of the Army Yet many menaces according to custome were used by the engaged party to get it passed Haslerigge affirming that those Gentlemen that sate and voted for a Committee of safety and the Kings comming to London 44. The Committee of safety did drive on the design of the City Protestation and Engagement To which was answered That the Committee of safety was not then newly erected by those which sate but of the old Committee revived by that Vote which had been long since erected in a full and free Parliament when the Army first mutined and threatned to march to London and for the same ends defence of Parliament and City and for the Kings coming to London it was Voted onely to get him out of the power of the Army as formerly in a full and free Parliament he had been Voted to Richmond for the same reason Upon another Message from the Lords 45. A Committee to Examine the Tumult the Commons concurred in an Ordinance to erect a Committee of Examination to inquire into and examine the City Petition Engagement and the force upon the Houses 26. July all endeavours to raise any forces c. This Committee consisted of 22. Commons besides Lords almost all of them Members engaged with the Army but because there were some three or four Presbyterians gotten in amongst them to shut these Canaanites forth that the Godly 46. A Sub-committee of secrecy selected to examine the Tumult the true seed of Israel might shuffle the cards according to their own mind the 13. August after upon another Message from the Lords there was a Sub-Committee of Secrecy named out of this Grand Committee of Examinations to examine upon Oath the persons were the Earl of Denbigh and Mulgrave Lord Gray of Wark Lord Howard of Escrig Sir Arthur Haslerigge Mr. Solicitor Gourdon Miles Corbet Alderman Penington Allen Edwards Col. Ven or any three of them all persons engaged to live and die with the Army and now appointed to make a clandestine
King James it was then only called An Act of high presumption and dangerous consequence in the Duke nor was there then the least reflection upon King Charles yet now because King Charles dissolved that Parliament the Independent party were willing to raise a suspition against him concerning His Fathers death wheras the accusation against the Duke of Buckingham 3. Caroli contained 7. or 8. Charges against him the least whereof might occasion the dissolving of that Parliament These desperate courses to dishonour the King 74. Why the independents went so high against the King To usurp the regal power into themselves either in the Houses purged or in the Committee of Safety at Derby house and make Him uncapable of Government to ruine His Person Crown and Dignity and extirpate Monarchy root and branch were taken in order to the usurping the Kingly power into the Grandees of the Parliament and Army and in case they could not purge the two Houses and make them wholly Independent which they now despair of then into the Hands of the Committee or Council of State at Derby-house and Grandees of the Army In order to which they are now contriving to strengthen the said Committee with more power and more Members and to adjourn the Parliament and sent down the Presbyterian Members into the Country upon pretence of service where if any Tumults happen for which their extortions will give sufficient provocation the said dissenting Members shall bear the blame and have blank Impeachments given them to purge them out of the Houses if not out of the world or at least be sequestred for now they have squeezed what they can out of the Kings party by Sequestrations the next fewel to their covetousness is to sequester the Presbyterians and then to sequester one another for they are already divided into Pure Independents and Mixed Independents and have feuds amongst themselves for this faction insatiate with money and blood are all beasts of prey and when they want prey will prey one upon another nor shall the Houses meet above one month or two in a year to ratifie and approve what Derby-house and the Junto of the Army shall dictate to them and to give an account to the domineering party how eath Member hath carried himself in the Country Thus instead of one King 75. Why the Grandees do still continue to truck with the King notwithstanding the said 4. Votes we shall have twenty or thirty tyrants in chief and as many subordinate Tyrants as they please to imploy under them with the Iron yoak of an Army to hold us in subjection to their Arbitrary Government Notwithstanding the aforesaid four Votes and Resolutions the Cabal of Grandees still keep Ashburnham and Barkley in the Army and have sent divers Turn-coat-Cavaliers and Emissaries under-hand disguised to the King who pretending that by Bribes they had bought their admission to Him after some insinuations endeavour with false and deceitfull news and arguments to shake His constancy and perswade him to pass the said 4. dethroning Bills for these Usurpers of Sovereign Authority long to turn their armed and violent Tyranny into a legal Tyranny or at least to make him declare against the Scots coming in In both which cases He will dis-hearten His Friends who endeavour to take the golden reigns of Government out of the gripes of these Phaetons and restore them again to His hand unking Himself and His Posterity for ever be carried up and down like a stalking Horse to their Designs and be Crowned Ludibrio Coronae with straw or thorns For who can think that at the end of twenty years these Usurpers will lay down what they have so unjustly contrary to all Laws Divine and Humane and contrary to their own Declarations Oathes and Covenants extorted And who can or dare wrest these powers out of their hands being once setled and grown customary in them the peoples spirits broken with an habitual servitude a numerous Army and Garrisons hovering over them and all places of Judicature filled with corrupt Judges who shall by constrained interpretations of the Law force bloody presidents out of them against whosoever shall dare to be so good a Patriot as to oppose their Tyranny They could make Steel sharp enough to cut Captain Burlies throat for attempting to rescue the King out of the hands of a Rebellious Army that neither obeys King nor Parliament will find gold and silver enough to corrupt all the Judges the mean to prefer and make them Wild and vild enough for their purposes But it is hoped He hath more of a King more of man in Him than to leese his Principles and stumble again at the same stone dash again upon the same Rock whatsoever Syrens sing upon it knowing He hath a Son at liberty to revenge His wrongs all the Princes of Christendom His Allies whose common cause is controverted in His sufferings the greatest men of England and Scotland of His blood and the People generally whose farthest design was to preserve their Laws and Liberties and to defend the Parliament from being conquered by the Sword looking with an angry aspect upon these Seducers who by insensible degrees and many forgeries have ingaged them further than they intended not to the Defence of Religion Laws and Liberties but to the setting up of Schism Committee Law and Martial Law Impeachments before the Lords and unlimitted slavery And I am confident this Faction despair of working upon the King who like a Rock is mediis tutissimus undis whatsoever reports they give out to the contrary having from the beginning made lies their refuge which being wisely foreseen by the King He sent a Message to both Houses by way of prevention delivered in the Painted-Chamber by the Lords of Louderdale one of the Scots Commissioners consisting of three heads 1 That He was taken from Holdenby against his will 2 That they should mantain the Honour and Privileges of Parliament 3 That they should believe no Message as coming from him during his Restraint in the Army but should only credit what they received from His own mouth These Grandees have cheated all the interests of the Kingdom and have lately attempted the City again and had the repulse But the King is their old Customer and hath been often cheated by them and having him in strict custody peradventure they may perswade Him it is for His safety to be deceived once more wherefore notwithstanding their many endeavours to root up Monarchy dethrone the King and His Posterity and usurp his power in order to which they have over-whelmed Him and all His with innumerable calamities and reproaches yet since the passing of the Declaration against the King their desperate condition hath enforced them to make new Addresses in private to Him notwithstanding their four Votes inflicting the penalitie of Treason upon the Infringers But Treason is as natural to Cromwel as false accusing protesting and lying he is so superlative a Traytor that the
the Army and diverse other Symptomes of danger but especially Skippons secret Liâ—ting of Schismatiques in the City amongst the Congregations of Mr. Goodwin Mr. Patience and others with power given him to kill and slay his listing servants against their Masters and setting up a Power against a Power had provoked that dull beast the City to know their own strength to look into their Charter and the Customes of the City and to Counter-list in their own defence for which purpose they passed an Act of Common Council dated 27. July 1648. which was soon complained of in the House of Commons by Ven Harvey Pennington and other ill Birds of that Corporation who usually defile their own nests after many aggravations that after they had fought with the King for the Militia any power out of the Parliament should presume to exercise it a Committee was appointed to Treate with a Committee of the Common-Council to hear what they could say for themselves and by what authority they claimed the use of their own Militia The Committees met and amongst other things the said question was asked By what authority they listed men To which was answered That they did it by the Law of Self-defence warranted by the Law of God of nature and of the Land and by a farther Authority to question which would make lirtle for the advantage of the Parliament This mysterious Answer stopped the mouthes of the Parliament Committee If London should plead their Charter and usages other places might doe the like so this businesse was shut up in silence Note that many Sectaries of Westminster Southwark and the Hamlets have been invited and countenanced to petition the House of Commons against uniting their Militia's with London upon pretended cavils As that they desired to have equal number of Voices in the Militia with London But since London beareth 7. parts of 9. in the charge it is an unreasonable demand By Orders as is thought from Derby-house 115 The Governor of Dublyn seizeth and sendeth over Prisoners the Presbyterian Commanders Colonel Jones Governour of Dublyn hath seized upon most of the Presbyterian Commanders thereabouts and sent them Prisoners to Westchester as Sir Maurice Eustace Sir John Gyford Col. Willoughby Colonel Flower Major Stephens Major Capron c. to make room for Independent Officers in his Army that the Saints only may possesse the good things of this world but chiefly that his Army being Commanded by Antimonarchical Schismaticks may the better sympathize and unite with the Antimonarchical Papists in Owen Roe Oneal's Army against the Lord Inchiquin whereof the said Lord hath given some hint as I have aforesaid You see the predominant Principle is Antimonarchy which easily overswayes Religion on both sides 116. A Frigot of the Princes taken with many Letters and Commissions Sir Milles Levesey having casually taken a little Frigot of the Princes called the Chistopher manned with one Captain Green and 8. men took divers Commissions in her and a Letter of Mart granted to the said Captain to make prize of Rebels and Enemies Goods and a Paper of Instructions prohibiting Green to use any Hostility untill the Prince had published his Declaration and untill it were designed who were His Enemies other writings were then taken which were referred to a Committee of the House of Commons to peruse and report Mr. Lechmore reported from the said Committee That some of those writings were not fit to be published in the House hereby you see that the House is already divested of that Power and Authority which the People have Trusted only them with all is now usurped by confiding Sectary Committees so Mr. Lechmore reported That there was an Adjudication out of the Princes Admiralty held in the Isle of Jersey whereby a ship belonging to one Tucknell was adjudged against him upon this ground given in the Adjudication That Tucknell had taken that damnable Oath called The National Covenant I appeal to any man that doth not hastily beleeve all he hears whether it be probable the Prince in such a conjuncture of time when the Parliament it self says That the Prince invited the Scots to invade England and had declared for them would hazard the losing of the Scots by inserting such a clause in the Adjudication All is not Gold that glisters these Letters may be St. Martins ware counterfeit stuff 117. A design to seize on divers Presbyterian Aldermen Lords and Commons About this time it is reported by some that professe to know it there was a design for Skippon's new listed-men to seize upon Alderman Langham Alderman Bunce and some of the Lords and Members of the House of Commons in the night whereof notice being given some of the Members knowing that Treachery like the Basilisk dies if it be first seen to shew that it was discovered caused one of their Party in the House to move That Skippon might be Ordered not to seize on kill or slay any Member of either House An order passed the House of Commons for the Earl of Warwick to fight the Prince at Sea It was sent up to the Lords 118. An Ordinance for the Earl of Warwick to fight the Prince at Sea and passed that House too whereby it became an Ordinance Yet some of the Lords entred a protestation against it as the Earls of Lincoln Suffolk Lord North. 2. Of August The Zealots of the House of Commons fell again upon the businesse of Rolf 119. More endeavours of the Independents in favour of Rolf. at an unseasonable hour of the day and in a thin House They ordered a Conference with the Lords about him and that the Lords be desired to joyn with the Commons in Bayling of him and yet for Treason a man is not Baylable by Law I cannot hear that Mr. Osburn's time of staying with Freedom and Safety to prosecute Rolf is renewed by the Commons although it be expired you see the Iron-bound Saints of the Army are impregnable even against High Treason if this Puny Saint be so inviolable what hope have Major Huntington and John Lilbourn to be heard against Cromwell For if the man such freedom have What then must he that keeps the Knave Yet if Rolf had but bastinadoed Sir Henry Mildmay and that 's no great matter peradventure he had been prosecuted in earnest Thursday 3. August 120. A Letter from the Earl of Warwick for Martial Law at Sea a Letter from the Earl of Warwick was read in the House of Commons complaining of the Refractorinesse of the Sea-men and that he could not govern them without a Commission for Martial Law which was readily assented to as any thing that cries up Arbitrary power above the known Laws usually is But how this will agree with the discipline of the Sea and how they will fight being so yoaked I know not The same day a Letter passed the House of Commons 121. A Letter from the Parliament to the Assembly of the Kirk of
That all the Arms and Garrisons of the Kingdom may be put into the hands of Antimonarchical Sectaries and the Militia of Godly Cut-throats established in every County towards the putting down of Monarchy and the erecting of the many-headed Tyranny of the Saints of Derby-house and the Army This Ordinance was commited 125. Letters uncharacterized a new invented net to catch Presbyterians in Tuesday 8 August Thomas Scot made report to the House of Commons of the private Letters brought out of Scotland by Master Haly-barton whereof I have formerly given you notice this Gentleman being a publique Messenger from the Kingdom of Scotland and not from Duke Hamilton or his Army whom only the House of Commons have declared Enemies without the concurrence of the Lords hath leave given him by the Lords to stay a Month in England yet the Commons have since Voted he shall be gone in twenty four hours or else he shall be sent home in Custody These Letters are most of them written in Characters yet this wel-gifted Brother Scot hath found out a New Light to Decipher them by and can tell by Inspiration or by Privilege of Parliament what Cypher or Character must signifie such a Letter of the Alphabet or such a mans name This engine added to the Schismatical High Commission or Committee of Clandestine Examinations is better than any spring or trap to catch any active Presbyterian that lies crosse to the design of the Godly They may suppose any mans name to lie hid under such or such Characters and Cyphers and so accuse him by virtue of this mysterious art of ayding or complying with the Scots or the Prince and pin whatsoever the Faction pleaseth to call Treason upon his sleeve these are the Arts of the Godly to make Innocency it self seem nocent and remove out of the way such as hinder the erecting the Kingdom of the Saints These Letters so decyphered were afterwards at a Conference reported to the Lords Wednesday 9 August 126. The City Petition answered The Answer to the City Petition the day before delivered to the House of Commons was reported to the House It was an Answer to some of the Prayers of that Petition only but gave no Answer to their desires for the Disbanding of all Armies to ease the people of their Burdens The restoring of the peoples Lawes and Liberties The enjoyning all Members to attend the House nor to the effectuall observation of the self-denying Ordinance this last is a noli me tangere if all Members should be enjoyned to be self-denying men there would be few Godly men left in the House How should the Saints possesse the good things of this world yet after some debate and divers expressions used by Weaver and Harvy That it appeared by the Petition that the City would desert the Parliament they gave an Answer to their desires concerning the union to be kept with Scotland and a Cessation of all acts of Hostility during the Treaty of Peace That they had Voted the Army under Duke Hamilton Enemies and Declared They would Act accordingly against them to which they would adhere Master Hugerford argued 127. The Commons debate to take away the Lords Negative voice and act without them That because the Lords had denyed to concur in the said Vote he conceived the House could make no such Declaration nor act therein without them This put the Zealous into a flame that any Member should argue against the Prâ—vileges of their House so far as to deny them to be Almighty singly and per se Reynolds the Lawyer positively affirming that the Houses of Commons being the Representative of all the People had power to Act without the Lords for safety of the people in case the Lords deserted their trust you see in this doctrine as it hath been already and is likely to be practised hereafter a ground layd to subvert the foundation of all Parliaments for ever and to bring all degrees of men to a parity or levell For the Parliament by all the known Laws of the Land consisting of 3. Estates 1. King 2. Lords And 3. Commons Two of the Estates viz. the Lords and Commons have already laid by the King and His Negative Voice and now the Commons debate of laying by the Lords and their Negative Voice because in their judgement they desert their Trust And so the Commons alone shall act as a Parliament without KING or Lords until falling into contempt and hatred of the people which will soon happen the Grandees of Derby-house and the Army shall take advantage to lay the House of Commons by and usurp the Kings supreme Governing Power the Parliaments Legislative Power yea and the Judges Judicative Power to themselves and establish the many-headed Kingdom Tyranny or Oligarchy of the Saints so much contended for in themselves O populum in servitutem paratum as Tyberius said of the Romans This is the tail of the Viper here lies his venom 128. Dead men Sequestred and the Sanctuary of the Grave violated Saturday 12 August A Message was sent to the Commons from the House of Lords in the behalf of Commissary Generall Copley who had bought and had a grant of the Wardship of the Heir of Sir William Hansby for which he paid Fine and Rent and was outed of it by a Sequestration laid upon Hansby's Estate after his death he having been never questioned for Delinquency during his life-time and this was maliciously done about the time when Master Copley was Imprisoned by the power of the Independent Faction whereof I have already said something Master Copley desired the Sequestration might be taken off and he permitted to enjoy his Contract made with the Court of Wards alleging that to Sequester or condemn a man after his death when he could not answer for himself was against the Laws of the Land even in the highest crimes of Felony and Treason and produced a President That the Committee of Lords and Commons for Sequestrations had taken off a Sequestration from the Lands of Andrew Wall for no other reason but because Andrew Wall was Sequestred after his death The case was diversly argued it was alleged that in cases of the highest Treason no man was condemned after death because he was not then in being to answer for himself there could be no proceeding in Law against a non ens In Felony if a man will stand mute he forfeits not his lands because there wants an Answer and yet it was his own fault not to answer The Parliament is bound by all their Declarations made both to KING and People and by the Nationall Covenant which contains all the first and just Principles of the Parliament to defend the Laws and Liberties of the Land and not to subvert them Take heed of giving so dangerous a President for Kings to act by hereafter against the People and against this Parliament and their friends since no man yet knows which way the tide may turn But
Duke Hamilton and a few dis-affected persons who were not likely to send any of the honest Godly party to Treat whereby the Treaty would be carried on to the disadvantage and ruine of the Godly and of the Church our only friends there And Mr. Ashurst related That the major part of the past Parliament of Scotland over-powred the minor part by an Army and so got the Engagement and other Acts and the Committee of Estates passed against which the Assembly of the Kirk consisting of 400 persons declared with one Voice I know not what he meant by saying the major part in Scotland over-powred the minor when I consider that major pars obtinet rationem totius the major part is virtually the Parliament to which the minor part must submit although here in England the lesser part of the Parliament engaging and conspiring with an Army whom themselves in a full and free Parliament had formerly declared Enemies to the State overpowred the greater part contrary to reason and practice This question seemed to agree with the sense of the Independents reasonably well because it leaves it onely to the pleasure of the King to Treat dis-junctively with the Scots upon the sole Interest of Scotland as men no ways concerned in the settlement of Peace in England whereby it is tacitely inferred that the Treaties Covenant and Union between the two Kingdoms is dissolved so the question aforesaid was put with this addition That if the King shall be pleased to invite the Scots to send some Persons Authorized c. the Parliament will give them safe conduct The fifth Vote of the Lords was That Newport in the Island of Wight should be the place of Treaty to which the Commons concurred With these debates ended this Week the 19 day of August About this time came forth a Book entituled 133. A pestilent Book called The necessity of the absolute power of Kings c. The necessity of the absolute power of all Kings and in particular of the King of England concerning which I am to admonish the Reader that it is conceived to be a Cockatrice hatched by the Antimonarchical Faction to envenome the people against the KING and PRINCE The next Week begins with Monday 21 August of whose proceedings I can give you only an imperfect scambling relation and so shall surcease all farther endeavours in this kind because I have already delivered enough for your Instruction if God have not appointed you to be led blindfold into the pit digged for your destruction but principally because my good Genius that furnished me with Intelligence hath now retired himself from acting without hope to praying with faith for his Country being tired out with hearing and seeing so much sinne and folly as now raigns at Westminster and I love not much to take news upon trust from the vulgar Peripateticks of the Hall 134. Mr. Martyns levelling practises and principles The chief things of note were More Complaints of Henry Martyn who now declares himself for a Community of Wealth as well as of Women and protests against King Lords Gentry Lawyers and Clergy nay against the Parliament it self in whose bosome this Viper hath been fostered and against all Magistrates like a second Wat Tyler all Pen and Inkhorn-men must down His Levelling Doctrine is conteined in a Pamphlet called Englands Troubler Troubled wherein All Rich men whatsoever are declared Enemies to the Mean men of England and in effect War denounced against them 135. Skippon's Listings Next the Ordinance for transferring over to the Militia of London Skippon's power of listing men in London was passed in the House of Commons with this Coloquintida in it That Skippon should name and appoint Commanders and Officers for the Forces listed to be approved of by the Militia of London 136. Cromwel's laureat letters 20 Aug. 1648 A Letter from Oliver Cromwel was read in the House of Commons relating his easie victory over Duke Hamilton and Major Gen. Bayly which puts me in mind of Ovid's Victory over Corinna of whom he saith Victa est nou aegrè proditione sua and conteining an admonition not to hate Gods people who are as the apple of his eye and for whom even Kings shall be reproved and exhorting the Speaker to whom it was written to fullfill the end of his Magistracy that all that will live peaceably and quietly viz. in Vassalage to Oliver and his Faction and neglect Religion Laws and Liberties may have countenance from him God blesse all honest men from the light of Oliver's countenance lest in an ignis fatuus mislead them from the duties of their Oaths of Allegiance Supremacy Potestation and Covenant and they that are implacable may speedily be destroyed out of the Land 137. Martial Law in London To prepare the way to whose destruction it was Ordered That an Ordinance be penned and brought into the House of Commons to try all such by Martial Law in the City of London as shall be found to plot design or contrive any thing to endanger the Parliament or City And yet London is no Garrison now as it was when Tomkims and Challoner were tried not is there any Enemy considerable in the Field whereby the known Laws of the Land may not passe currently through the Kingdom but our known Laws are not written in blood nor are they so flexible as to make all Traytors the Faction pleaseth to call such Yet as cruel as these Caco fuegos of the Faction are to some 138. Rolf's Bayl again pressed they have mercy enough for Rolf whose Bayl was again exceedingly pressed and that his two Prosecutors Osburn and Dowcet should be under restraint in his stead whom they have forejudged out of the King's Letter to the Houses not to be able to prove their information whereas it may be discretion in the King not to encrease his danger by acknowledging it Saturday 26. August 139. The KINGS Letter to the States of Scotland taken from Haly-burton The King's Letter to the Committee of States in Scotland c. in Answer to their Letter sent to Him by Haly-burton which Letter was taken from Haly-burton although a publique Minister of State and allowed by Parliament to carry their Letter to the King was read in the House of Commons I hear in general that it was excellently well penned and a very just honest and peaceable Letter Yet it was Voted neither to be sent to the Lords nor to be restored to Haly-burton but damned to close imprisonment in a Box under Seal lest the people should know how truly zealous his Majesty is to settle Peace in the Land a mystery their understandings must not be trusted withall Prolegomena Promises Protestations and Covenants made by this Parliament in behalf of the King and People AFter a repetition of many good Acts and Concessions obtained by this Parliament of the King for the ease of the People Remonstrance 15. December 1642. Exact Collect. p. 15. they
say farther that other things of main importance for the good of this Kingdom are in Proposition c. which yet before the end of this Session they hope may receive some progresse and perfection As the establishing and ordering the Kings Revenue c. The Regulating of Courts of Justice and the abridging both the delaies and Charges of Law Sutes c. Preventing the exportation of Gold and Silver and the inequality of Exchanges between this and other Kingdoms improving the Herring fishing upon our Coasts c. which things in all their Propositions and Addresses to the King have not been once mentioned nor any thing else but what makes for the profit preferment and power of a few ambitious Grandees of the Parliament and Army in order to which they demand the Militia of a standing Army with an arbitrary power to raise what Forces by Land and Sea consisting of what persons and to raise what sums of Money out of every mans Estate they please which power the King hath not to give neither did He nor His Ancestors ever exercise the only Militia they used having been either the Posse Commitatus under the Sheriffs which is very legal and antient or the Militia of Trained Bands under Lord Lieutenants and their Deputy Lieutenants which is a new invention Nor did the policy of our Law ever trust the power of the Sword and the Purse in one hand for fear of enslaving the People Ex. Col. p. 19. They farther declare That it is far from their purpose or desire to let loose the Golden reins of Discipline and Government in the Church to have private persons or particular Congregations to take up what form of Divine Service they please because they hold it requisite that there should be throughout the whole Realm a Conformity to that Order which the Laws enjoyn Ex. Col. p. 203. They farther say there That the gracious favour His Majesty expressed in the Bill for continuance of this Parliament and the advantage and security which they thereby have from being Dissolved shall not encourage them to do any thing which otherwise had not been fit to have been done Ex. Col. p. 281. They conclude the said Declaration thus That they doubt not but it shall in the end appear to all the world that their endeavours have been most hearty and sincere for the maintenance of the true Protestant Religion The Kings just Prerogatives The Laws and Liberties of the Land and the Privileges of Parliament in which indeavours by the Grace of God they would still persist though they should perish in the work Ex. Col. p. 376. In their Declaration 4. June 1642. The Lords and Commons do declare That the Design of their Propositions for Plate and Money is To maintain the Protestant Religion the King's Authority and Person in his Royal Dignity The free Course of Justice The Laws of the Land what then becomes of Martial Law and Committee Law The Peace of the Kingdom and Privileges of Parliament In their Propositions for bringing in Money and Plate Ex. Col. p. 340. 10. June 1642. the Lords and Commons declare That no mans affections shall be measured according to the proportion of his offer so that he express his good will to the Service in any proportion whatsoever that is so that he ingage with them yet notwithstanding the 29. Novemb following Ex. Col. p. 765. the same Lords and Commons appointed a Committee of 6. persons who should have power to Assess all such persons as were of ability and had not Contributed and such as had Contributed yet not according to their ability which is now looked upon as a Malignancy to pay such sums of Money according to their Estates as the Assessors or any of them should think fit so as the same exceeded not the 20. part of their Estates The power is still exercised by all Country Committees to a 5. and 20. part charged upon all men even such as have been destroyed and undon or laid forth themselves beyond their abilities for their service to this Parliament In the National Covenant taken by this Parliament and by them imposed upon the Kingdom to be taken with hands lifted up to the most High God the Lords and Commons vow To maintain the King's Person Crown and Dignity in Defence of Religion Laws and Liberties c. To suppress all Errors Heresies Blasphemies and Schisms and to defend one another mutually in the same work with their lives and fortunes yet is the same Covenant now cast aside and called An Almanack out of date Many men have been punished for attempting to keep it And I hear the House of Commons are now upon passing an Ordinance for Martial Law to be executed in London upon all such persons as having taken the said Covenant shall attempt or design any thing against the Parliament or City of London what is this but to impose a special penalty upon such as have taken the Covenant and leave those that have not taken it free And who doubts but that the said Council of War shall consist of Anti-monarchical Schismaticks and Anti-covenanters for the most part who shall stretch every word to the utmost extent And this is now in brewing contrary to the Petition of Right 3. Caroli Magna Charta no considerable enemy being in the Field and the Courts of Justice in Westminster hall sitting nay I hear like Janus Bifrons this Law if I do not mis-call it looks backwards to Acts past as well as forward contrary to the nature of all Laws which have an admonishing power to warn men of the evil to come before they can have a punishing power for evils passed Therefore the Apostle saith Sin is a breach of a Commandement or Law I had not known Sin but by the Law The Law therefore must be previous to the Sin How the said Promises and Covenant and many more have been kept let the world judge What the Promises Undertakings and Proposals of the Army have been in order to setling the peace of the people of this Kingdom and of the King 's just Rights and Prerogatives and their own Disbanding are to be found in their many printed Papers which I will here omit because they had no lawfull calling or warrant for such undertakings and how they have been prosecuted and perfomed is obvious to every capacity General Conclusion Out of these Premises I shall draw these Conclusions following 1. The Grandees have subverted the fundamental Government of the Kingdom and why 1. THe engaged Party have laid the Axe to the very root of Monarchy and Parliaments they have cast all the Mysteries and secrets of Government both by Kings and Parliaments before the vulgar like Pearl before Swine and have taught both the Souldiery and People to look so far into them as to ravel back all Governments to the first principles of nature He that shakes Fundamentals means to take down the Fabrick Nor have
between them few of them pay any Taxes but all the Land payes Tribute to them It is thought this Faction their under-Agents and Factors have cost this Commonwealth above 20 millions never laid forth in any publick service nay the Treasurers and Publicans of this Faction have clipped and washed most of the Money that comes into their fingers before they pay it forth knowing that any money that comes out of their fingers will be accepted two Gold-smiths are thought to be dealers this way yet they lay the blame on the Scotish Army as the Cuckow lays her brood in other Nests 5. Having thus imped their wings for flight 5. The Indepâ—ndents provided of places of retreat to flee to they have provided themselves of places of retreat in case they cannot make good their standing in England Ireland is kept unprovided for that they may find room in it when necessity drives them thither If their hopes fail in Ireland they have New-England Bermudas Barbadus the Caribby Isles the Isle of Providence Eleutheria Lygonia and other places to retreat to and lay up the spoils of England in nay they usually send chests and vessels with money place and goods beyond Sea with passes from the two Speakers to let them passe without searching the Navy is in their power to accommodate their flight and by their instruments called Spirits they have taken up many Children and sent them before to be Slaves and drudges to the Godly in their schismatical Plantations as the Turk takes up Tribute Children from the Christians to furnish his nursary of Janisaries and so they have their Agents that buy up all the Gold they can get Cromwell not long since offered 11000 l. in silver for the 1000 l. in gold besides he is well furnished with the Kings Jewels taken in his Cabinet at Nazeby many of them known Jewels as the Harry and the Elizabeth 6. The vulgar Independents but props and properties to the Grandees 6. Nor shall the vulgar sort of Independents either in Parliament Army or City fare better than the rest of the Kingdom The Grandees both of Parliament and Army endevouring to adjourn the Parliament and draw all the power of both Houses into the Committee of Derby-house consisting but of 30. or 40. the rest of the Independent Members will find their power dissolved in the Adjournment and swallowed up by that Committee and their services forgotten nor shall they have any power in the Militia which is the only quarrel between them and the King the Grandees disdaining to have so many Partners in that which they have got by their own wits for know that the Grandees have always been winnowing the Parliament First they winnowed out the moderate men under the notion of the Kings party then the Presbyterians and now they will winnow forth the lighter and more chaffy sort of Independents who stand for the Liberty of the People a thing which Cromwel now calleth A fancy not to be engaged for and so they will bring all power into their own hands Thus having contracted the Parliament into a Committee of safety they will adjourn themselves though the Parliament cannot to Oxford or some other place which they more confide in than London and this is the settling the Kingdom without the King they so much aim at and which they had rather the people should be brought practically and by insensible degrees than by Declarations held forth to them before-hand or by politick Lectures in the Pulpit Thus it is decreed that this Cabal of Godly men at Derby-house shall with military Aristocracy or rather Oligarchy rule this Nation with a rod of Iron and break them in pieces like a Potters Vessel Observe that the Ordinance by which the Committee of Derby-house is revived and the addition of Power to it are purposely penned in such ambiguous terms that He that hath the Sword in his hands may make what construction of them he pleaseth neither were they clearly penned Is it in the power of the Houses being but the Trustees of the people to transfer or delegate their trust to a lesser number of men a trust not being transferrable by Law and the people having chosen a Parliament not a Committee to look to their safety and peace 7. 7. The Army hinder Peace and Settlement The Grandees of the Parliament and Army have brought the Kingdom to so miserable a condition that they have left no Authority in England able to settle peace The KING is a close Prisoner to the Army therefore all he shall do will be clearly void in Law by reason of Dures The Parliament is in Wardship to them who keep armed Guards upon them Garrisons round about them and by illegal Accusations Blanck Impeachments threatning Remonstrances and Declarations c. fright away many Members and compell the rest to Vote and un-Vote what they please whereby all the Parliament doth is void and null in Law ab initio it being no free Parliament but a Sub-committee to the Army and living as the Egyptians did under vassalage to their own Mamaluchi or Mercenaries The people thefore must resolve either to have no Army or no Peace 8. They have put out the eyes of the Kingdom 8. The two Universities destroyed the two Universities of Oxford and Cambridge and have brought the whole Land to make sport before them knowing that Learning and Religion as well as Laws and Liberties 9. Many honest men seduced by fair pretences took part with them never intending to leave their first principles and enslave King and Kingdom are enemies to their barbarous irrational and Russian way of Government 9. Many honest men took part with this Parliament seduced by those fair pretences of defending Religion Laws and Liberties which they first held forth to the People and being unwilling to have a Parliament conquered by the Sword not thinking it possible that a prevailing Faction in Parliament should so far prevaricate as to conspire to enslave King Parliament and Kingdom to subvert the Laws Liberties and fundamental Government of the Land under which they and their Posterity were and were likely to be so happily governed and betray Religion unto Hereticks and Schismaticks and share the spoils of the Commonwealth between them and think of enriching themselves with them in forein Lands yet many at the beginning much disliked that Religion should be used an as ingredient to the carrying on of a Civil War and that Schismaticks should have so great a stroak in managing the business yet were pacified with this consideration that we must refuse no helps in our defence if a man be assaulted by Thieves on the high-way he will not refuse to joyn with Schismaticks or Turks in a common defence the same authority that then countenanced those Schismaticks it was hoped would be able to discountenance them again when the work was done But the Grandees of the Houses having other designs had so often purged the Houses that
of their own making but when the King had neither Army nor Garrison in the Kingdom and thereby this necessity was removed why did they not to prevent Tumults Insurrections and a new war content the People and return all things into their old Chanel and restore to the people their Religion Laws and Liberties being their first principles for which they engaged them to spend their blood and treasure and for defence whereof they engaged themselves and us in a Covenant with Hands lifted up to the High God Why did they then provoke the Scots to a new War but that they might have occasion to keep up their Army still and inthrall the Kingdom look upon their Doctrine as well as their aforesaid practices and you will find that all they do is but to carry on a fore-laid design to lay by the King and enslave the People under the new erected Kingdom of the Saints the Grandees of Derby-house and the Army In the Declaration against the Scots Papers p. 67. They have adjudged the King unfit to Govern and p. 70. they say the power of the Militia was the principal cause of their War and quarrel with the King and in their Declaration against the King they say they cannot confide in Him It hath been commonly spoken in the House of Commons that the two Houses nay the House of Commons alone is the Supreme power of this Nation under God 16. Mach 1642. Both Houses Voted it a High Breach of Privilege of Parliament for any Person not excepting King or Judge to oppose their Commands or to deny that to be Law which the two Houses declared to be so In their Declaration against the Scots Papers p. 63. The Members say That in all matters either concerning Church or State we have no Judge upon Earth but themselves Who will account the Popes plenitude of power monstrous hereafter that shall observe this Doctrine and practice of Subjects in Parliaments claiming and exercising a Supreme Government whereof the Militia is a part a Legislative and Judicative power over the Consciences Lives Liberties and estates of their Fellow Subjects And all this under colour of a necessity raised by themselves out of a dispute they set on foot against the King which they have affirmatively adjudged and determine for themselves against Him without consulting the Laws Statues and usages of the Realm Nay the very Oaths of Supremacy and Allegiance which all with one voice speak against them Who would think that a faction in Parliament or any pest lesse than an Earth-quake or Deluge should in seven years time reduce so well-formed a Common-wealth into such a Chaos Yet even now the People are promised to be governed by the known Laws and Judges are appointed to determine sutes according to the Laws Surely There never was Tyrant that deprived his Vassals of a known Law amongst themselves this were to disable them to acquire wealth and so lose his own benefit of Taxes and Confiscations By the Laws of England a villain was protected in his goods against all men his Lord excepted The Turkish Vassals heap up much wealth and are protected against their fellow slaves though not against their Grand Seigneor who may seize their estates and take their lives at pleasure And this is all the protection the people of England have now by the Laws We have the benefit of Law one against another unless some Powerfull Member interpose but against the two Houses or either of them or any Grandee what Law what Justice can protect our lives liberties or estates and yet we were allowed heretofore to make our defence in Law against the King And until the King be again restored to his Right expect no better Right to be done you by this heedless head-strong Faction in Parliament The summe of all their endeavours is no more but this 18. The final scope of the Grandees endeavours The Grandees of Derby-house and the Army have already by their Votes of No Addresses and their scandalous Declaration laid by the King and in Him Monarchy notwithstanding they delay and fool the people with tedious debates of a Personall Treaty And when this innovation is digested by the people their next step will be to make use of the Schismatical Antimonarchical party in the House of Commons Army and City to cast off the House of Peers as Prerogative creatures and rags of Royalty some Schismatical Plebeian Lords excepted who shall recruit the Power they lose in the House of Lords by being of the Committee of Derby-house and when the people are well inured to this change and the grievance of it worn out by custom then to lay by the House of Commons and usurp the full Power of the King and Parliament into the Committee of safety at Derby-house who by way of preparation doe already stile themselves in all forein Negotiations The STATES Nay they doe already act all matters of moment at home and assume unto themselves all the properties of a State the Parliament being but a Sub-Committee to them upon whom they put what Impositions and Injunctions they please witnesse the design put upon the House of Commons for every Member to subscribe what number of Horse he would maintain for a Guard I know not whether to the Parliament or to the Committee of Derby-house This disease being now come to its Crisis 19. The Prognostick of this Disease it is no hard matter to pronosticat That nature that is the King our natural liege Lord must inevitably prevail at last against this Antimonarchical Faction for these reasons 1. The King can never want a Party the Parliament or rather Antimonarchical faction in Parliament can never manage a party without faction and confusion 2. The King may hushand his treasure to His best advantage the faction in Parliament cannot but must necessarily be cheated that they may be followed and befriended since only common crimes and common profit glues and cements them together and only such are found to be confiding men to them 3. The King is now discovered to every common capacity to have all the known Laws on His side the Parliament all known Laws against them and the people will no longer be governed without Law by new Arbitrary inventions 4. The King hath recovered all the peoples affections the Parliament hath lost them a privation which can never be reduced into habit again 5. The King is allyed both in Consanguinity of Blood and affinity of Cause with all the Princes of Christendom the faction in Parliament are terrae filii faterculi Gigantum Mushromes 6. The Kings Army will obey Him and His Interest the Parliaments Army will command them and their Interests besides they are men of different Principles and Interests only held together by profit and when that fails they fall in sunder Nothing therefore but a free Personal Treaty in London can prevent a Conquest whatsoever desperate forlorn people say to the contrary The Epilogue I Am not Ignorant
of the Army and Houses of Parliament to purchase their compliance and Votes in all matters agitated in the Houses of Parliament by reason whereof all motions for His Majesties return to his Parliament the first step to our desired Peace have been either totally rejected or by them politickly delayed because Peace would determine both their power and profit 7. The Estates of Delinquents the Lands of Bishops Deans and Chapters designed by several Ordinances for discharge of publique Debts are by the Houses and power of the Army shared and divided amongst themselves while the publique debts be unsatisfied the common Souldier unpayed the mained unrelieved the Widdows and Children of the slain unprovided for and all left burdens to the Commonwealth 8. That the Army consisting of mean ignorant and illiterate men only gilt with hypocrisie divine and civil under pretence of tender Consciences the better to induce and tolerate all Heresies have expelled and supprest all learned Orthodox Divines and Church Government and crying Liberty Liberty have subjected our Persons and Estates to arbitrary Law and tyranny and by Rape imbracing the Legislative power cuckolds the body Politick giving Laws to the whole Kingdom and yet by Petitions and Remonstrances make both Houses father as their own the adulterous issue 9. That this Army assuming to themselves the modelling and settlement both of Church and State at Windsor in April last in their Council did consult these 3. Questions First Whether shall we joyn with the Levellers and new model both Church and State Next Whether with the moderate Party Treat and receive the KING with more qualified and limited Power Thirdly Whether Depose the KING Dis-inherit the PRINCE Crown the DUKE of YORK and appoint a Protector The first was held to promise most of liberty and profit but threatned greatest danger in effecting and difficulty in continuing The second was said to be easiest obtained and continued because nighest to the present frame and constitution already setled but would bring them little of profit and less of Soveraignty The third like Benjamin last in birth but first in the Parents affections was held not difficult to be acted but to be maintained for it would require both the expence of much blood and money and the Kingdom to re-act York and Lancaster under the names of Wales and York To this Lieut. Gen. Cromwel answered It was the better for that would necessitate the continuance of our Army which secures our persons will enforce our reasons make just our demands and facilitate their grant For the bloud that will flow from the cheapveins of Common Souldiers whereof England hath plenty and we will not want For the money London is our bank and from their Purses it shall drain to our Coffers Commissary Ireton L. Gen. Cromwel's Son-in-law said The work was half done for we have already Voted no Addresses to be made to the King and Him guilty of crimes enough to Depose Him and by Imprisoning His Person have fitted Him for a private life and by it taught the people that He is subject to the dispose of both Houses of Parliament whole Ordinances are only powerful by our Swords and therefore our Actions shall be legal by their Vote Further the Prince said he is link'd with his Father in crime and therefore cannot be severed in punishment he hath been General in a Western Army warring as his Father against the Parliament a crime that as it rendred the Father fit to be Deposed so doth it the Son unfit to succeed in the Government And that the descent of the Crown purge not him as it did Hen. 7. let us in the Fathers life time Crown the Duke of York now in our power whose tender years have preserved him innocent and presents him fitter for protection and our design and should any blame our severity towards the King and Prince others will commend our clemency towards the Duke of York Upon the result of this Council L. Gen. Cromwel in the House of Commons tels Mr. Speaker That it was time to set on foot our great design and that such as should not concur in Votes with us be not continued of us The motion being mis-timed and divers of his party absent it was only wondred at by Master Knightly and died with the words The Scene now alters from Westminster to Carisbrook-Castle and the King that could not be removed by Votes must now by Poyson the Actor Col. Hammond Major Rolf c. all Members of the Army yet must we by cursed Excise that insensibly devours the poor by insupportable Monthly Taxes that impoverish the rich contrary to Law and our Allegiance contrary to our Protestation and Covenant inforced upon us we must traiterously maintain and pay this Army that traiterously contrive and endeavour the deposal and murder of our Soveraign Lord the King the subversion of our Protestant Church our Fundamental and known Laws We therefore declare to the World that God blessing us we will with hazard of our lives and fortunes disband and dissipate this Army the Suppressors of the pure Protestant Religion the Imprisoners and would be the Murtherers of their Soveraign Lord the King and grand Oppressors of the Common-wealth then free from Imprisonment our said Soveraign and him God-willing restore to his lawfull Government just Rights and Throne in Parliament this done we shall joyfully and readily deposite our justly assumed Arms and on our knees beg what his Majesty hath often most graciously offered and will undoubtedly grant his most Royal and gracious pardon to all his mis-led Subjects will return to their Allegiance and forward to bring the King back to his own house We therefore hereby earnestly desire and request all loyal and wel-affected Subjects as well Members of both Houses of Parliament as others to be herein aiding and assisting to us First by not recruiting the Forces of the Lord Fairfax Next by withdrawing all aid and assistance from his Army by with-holding Excise and Monthly Taxes allotted for their pay and support and to give us with their prayers such assistance as their Allegiance and opportunity shall advise and we trust that the God that judgeth rightly will crown our loyal action with happy successe and our successe with a glorious peace which is heartily prayed for and shall God willing be resolutely fought for by us His Majecties loyal and faithfull Subjects in Colchester A List of the Names of the Members of the House of Commons Observing which are Officers of the Army contrary to the self-denying Ordinance Together with such summes of Money Offices and Lands as they have given to themselves for service done and to be done against the KING and Kingdom Corrected and augmented Note Reader that such as have this mark * comming immediately before their Names are Recruiters illegally elected by colour of the new Seal the power of the Army and voices of the Souldiers and are unduly returned and serve accordingly The first Century 1. WIlliam Lenthall
latter grindeth the needy and poor Yet these are thy Gods O London these are the Idol Calves the People have set up and do worship these be the Molec to whom ye sacrifice Sons and Servants by Troops Regiments and Armies to maintain their soveraignty rebellion and profit And that these and other their actions may never be questioned they His Majesties loyal and obedient subjects will always Imprison their King continue their Army perpetuate their Parliament and intail their Member-ships as the Priesthood on Levi upon confiding Families to furnish them with Votes as Mr. Gilbert Gerrard and his 2 Sons Brampton Guidon and his 2 Sons Sir Robert Harley and his 2 Sons 3 Fines 2 Ashes 4 Stephens 4 Pelhams 4 Herberts 4 Temples it were endlesse to name the Father and the Son Brother and Brother that fils the House they come in couples more than unclean Beasts to the Ark 2 Vanes 2 Puries 2 Chaloners 2 Bacons 2 Pierpoints 2 Bonds 2 Onslowes 2 Lenthals c. And that our Ecclesiasticks may comply with our Temporal Governors the Houses abolish as superstitious because Legal the Convocation of learned Divines regularly summoned by the King 's Writ and duly elected by the Clergy and the House of Commons nominates an assembly of gifted Divines indeed wicked Simons that slander the Godly Onias 2. Mac. 4. to out him of his Priests place so that at this day there is not one Assembly-man but is illegally thrust into anothers Benefice a Catalogue of whose names and Preferments expect shortly and with them a view of the Militia and Common-Council-men of London observing what Places Offices and salaries they have from the Houses of Parliament and then thou wilt know the reasons of their Votes and Actions in the City You see in part what the Grandees have done for themselves Consider after 8 years sitting what they have done for the people when amongst all their Propositions to the King for Peace hardly any one respects the good of the People but their own grandeur and profit They demand a Militia to keep up this Army upon us which is not the Kings to give No King of England ever governed by a standing Army They demand likewise power to raise what Forces for Land and Sea consisting of what Persons they please to presse and to raise what money to maintain them out of all mens Estates to be laid on at their discretion and as partially as they please so that they may favour one Faction and oppresse the other at pleasure for so much the Act for the Militia as it is penned imports and this is more than his Majesty hath power to grant The late Militia of Trained Bands and the Posse Comitatus under Sheriffs being the only legal Militia of England will not serve their turnes It hath always been the Policy of England to trust the Militia and sword in one hand viz. the KINGS and the Purse that should pay them in another viz. the PARLIAMENTS whereby one power might bound and limit the other For to put the Sword and the Purse into one hand is to make that hand absolute Master of our Persons and Estates and so reduced us to absolute slavery under the Arbitrary power of one man without appeal or redresse Awake and look about you good People THE END AN APPENDIX TO The History of Independency BEING A brief description of some few of ARGYLE'S proceedings before and since he joyned in Confederacy with the Independent Junto in ENGLAND With a Parallel betwixt him and Cromwell AND A Caveat to all his seduced Adherents CICERO Totius injustitia nulla capitalior est quam eorum qui cum maximè fallunt id tamen agunt ut viri boni esse videantur LONDON Printed in the Year 1648. AN APPENDIX TO The History of Independency BEING A brief description of some few of Argyle's proceedings before and since he joyned in confederacy with the Independent Junto in ENGLAND With a Parallel betwixt him and Cromwell AND A Caveat to all his seduced Adherents THe Covenant being at the first taking held to be the true Touchstone whereby the Religious Royal Subjects were discerned from all those who were unwilling to submit to the yoke of Christ in matters of Religion or to the just and lawfull Government of our dread Soveraign his Vicegerent now a subtil generation of men or rather Vipers in both Kingdomes who did take the Covenant and did magnifie it so long as it could serve them for a Ladder to mount to their intended Greatness being now at the top have kick'd away the Ladder and standing as it were on the pinacle look with disdain on all their old friends who out of the integrity of their hearts did for the good of Religion and His Majesties honour joyn in that solemn engagement it being far from their thoughts that their modest and humble desires for the Reformation of some abuses both in Church and State all which His Majesty in the respective Kingdoms did or was willing to cure should have struck so deep as to endeavour the overthrow of all lawfull Governments Civil and Ecclesiastical bringing instead of a promised Reformation in Religion a cursed Toleration of the most damnable Sects Errors and Heresies that ever Hell did send forth and for the Civil State instead of a well-setled Monarchy a most confused tyrannical Anarchy quite contrary to the words and meaning of the Covenant and the honest intentions of all true-hearted Religious and loyall Subjects in the three Kingdoms who did take that solemn Covenant with a purpose to keep it and of very many thousands who did never take the Covenant yet very good Protestants and loyall Subjects being more affrighted with the compulsory way of enforcing it on all than unsatisfied in the matter being introduced in a legal way none of these deserving the name of Malignants or to be so cruelly dealt with either for their persons or Estates as hath been too too common in both Kingdoms but the Covenant it self doth best decypher who are Incendiaries Malignants and evil Instruments viz. those who hinder the reformation of Religion who divide the King from His People or one Kingdom from another or make any Faction or Parties amongst the people contrary to the League and Covenant Yet by our new tenets none must be called Malignants but those that have loyall hearts towards their Soveraign though otherwise never so Religious and all of them with Master Martin would gladly make the Covenant an old Almanack that they might be rid of that tie of preserving His Majesties Person and Authority in the preservation and defence of the true Religion and Liberties of the Kingdoms that the world may bear witness with their consciences of their loyalties and that they have no thoughts or intentions to diminish His Majesties just Power and Greatnesse As the History of Independency hath discovered the practices of the Independent Junto so this Appendix will discover their chief Confederate in Scotland
Antrim should grow strong he procured one Regiment for himself another for his Cozen Lawers a third with the place of L. General for that most ungrate Gentleman the Earl of Lothian who was married to his Neece and one of his Confidents who was once heard say That the 3 Kingdoms would never have peace so long as King CHARLES his Head was on his shoulders and yet it is only King CHARLES his favour that hath made him and his Father exceed the estate of Gentlemen with many other places to divers of their friends intending a ful Conquest of Ireland at least to banish Antrim and the Mackdonalds from thence as he and his Predecessors had done many of them out of Scotland taking a gift from the Parliament of England of some of the Earl of Antrims Lands in Ireland especially the Island of Rachera to the which one of the forementioned Regiments was sent and kept there a long time so that all the three Kingdomes must be at the charge to maintain Armies and Garrisons for enlarging the Dominions of Argile His next project having begun his Confederacy in England by shewing them the wayes to get money by Taxes and Excise 10. and 20. part bringing in of Plate voluntary Contributions borrowing on the Publique Faith tyrannizing over the Persons and Estates of all that durst be so bold as speak against the Illegal Orders and all this Money in both Kingdoms to be employed against His Majestie whom their renewed Covenant did oblige them to defend having good opportunity to traffique betwixt under the pretence of Commissioners for the Kingdom of Scotland the rest for the most part either his Creatures or Confidents so that he ruled all the Council at home and abroad sending Lothian to France to have them brought in a Confederacy abusing his Majesty by procuring His Commission for Treating concerning the keeping and preservation of that ancient League betwixt France and Scotland begun in Charls the Great 's time with Achaius King of Scotland but the effect of the Treaty was to bring money to Argile who at that time when the Kingdom stood in much need of men sold five thousand to the French to be under his Brother from whom he had as formerly the Estate so now the Title of Kintyre and he must be Earl of Irwin all the Interest he had there being by his quondam Tutor now Slave Barcley his being sometime Provost thereof and the Chancellors Brother Lundie sur France and Irwin had bad penny worths although Argile made a good market for the Men like Money trusted in a Jugleâ—s hand were gone with a puff thus you see how much both KING and Kingdome were obliged to him in this particular But to come to the main point of the Conspiracy finding Scotland although he had all the power of the Persons and Estates in his hand not pliable as yet to cast off Monarchy and imbrace Aristocracy of whom as affairs stood none could be the chief Ruler but himself he did imploy the Zealots of the Clergy to asperse those who did oppose him especially some most faithfull and religious Noble men as if they were fallen from their first love turn enemies to the cause of Christ had with Demas imbraced this present world and that Argile was the only man that stood in the gap threatning out of their Pulpits all such as would think or speak evil of him but when the State-juglers with their Clergy-Impostors could neither shake the Loyalty of the one who were really for the Covenant and Monarchical Government nor plaster over the many fraudulent cheats of the Argathelian party now become a most odious and heavy burthen to the Kingdome harased and ruined from the one end to the other by him and his Armies on the one part and Montrosse and his Confederates on the other part Argile of the two being the Kingdoms most cruel Enemy was simulat humiliation having the Church-men still his friends did reconcile himself to the other noble and loyall Patriots by suffering them to take some share of the Government that the by him dis-joynted State might by them be set in a right frame again with a resolution when all things were right to usurp his wonted Authority and follow his old trade of Dethroning His Majesty and cantonizing the Kingdom but things falling out so that one day at Nazeby quelling the KINGS party in England and one day at Philipshaugh almost quieting Scotland finding the Presbyterians in England inclinable to peace and desirous of his Majesties re-establishment according to the Covenant he leaves them and joyns Counsell with Say Perpoint Cromwel and others of the Independent Junto doing them that Masterâ—iece of good service First under colour of Loyalty and friendship to prevail with His Majesty to return to the Scots Army then at Newark Cromwell contributing a Passe to Hudson and Ashburnham with a slack Guard that His Majesty might the more freely escape Secondly after many learned and loyal Speeches for Monarchy the Kingdom of Scotlands interest in the person of the KING and many Vows and Protestations both in private and publick not to abandon His Majesty without his own consent contrary to all which he and his Party did overthrow the Loyalty of That once famous Gentleman Lieuten General David Leslie who had deeply sworn and ingaged himself to His Majesty to convoy him safely into Scotland or then to see His Majesty peaceably setled in his Throne in England forcing him and he perswading and prevailing with the Souldiers to march away leaving his Majesty behind little better than but now an assured Prisoner and the whole power of the Sword in the hands of the Independents and Sectaries to the ruine and overthrow of their Presbyterian friends in the City and Parliament as the History of Independency doth Witness encouraging the Independent Party by their Letters to proceed in their dethroning Votes and accusation of his Majesty assuring them that no party from Scotland shall be able to hinder them in their proceedings but finding the body of the Parliament and the Kingdom of Scotland to be sensible of the ruine of Religion and Monarchical Government if the Sectaries prevaile and their resolution to adhere to their Covenant and re-establishing his Majesty being in fear their party shall not be able any longer to delude the Kingdom or hinder the Army designed to come in for the vindication of the many breaches of the Solemn League and Covenant and the several Treaties betwixt the Kingdoms they have solicited the Armies of Sectaries to come to their assistance some of their Ministers professing in their Letters They have no hope of safety unless it be by means of this rebellious Army now in England thereby endeavouring to make Scotland the seat of War And if these troubles in Wales and cutting Petitions from Essex Kent Surry and Sussex had not hindered them their resolution was to have sent Cromwel thither it being debated before he went to Wales
which of the two he should take in hand but the constant assurance they had from Argile and those accursed Clergy-men that were bribed by Stephen Marshal That there was no fear of danger from Scotland in hast made them hasten to finish the enslaving of England and Wales and then they resolve to conquer Scotland which they conceive may be quickly done having Argile and his Faction so firm to them that although he would neither he nor his Partners dare revolt from them having received so much of their money lest they should reveal more than he desires should be known and as the Independents sent their Emissaries through all Counties and Corporations to get hands to Petitions for thanks to the House for their dethroning Votes so Argile and Marshal's Hirelings have been very active to get hands to Petitions in many Shires Corporations and Provincial Assemblies for hindering the engagement against the rebellious Army of Sectaries and the Independent Junto their Confederates whereas there is no intention against the Parliament or Body of England but to comply with all religious honest hearted and loyal Subjects who desire that His Majesty may be enlarged and brought to a Personal Treatie whereby Peace and Truth may be setled in the three Kingdoms their chief pretences being that Religion is not secured the Religion now established in Scotland was by Act of Parliament His Majesty present so well secured as the most religious Church-men and most skilfull Lawyers could devise if you have got New Lights and desire any other Religion to be established vindicate His Majesties Honour and put up your Petitions to Him in an orderly way and He may possibly vindicate you from the Yoke of Slavery which some of your tyrannizing Clergy desire to put upon you The next is a wonderfull increase of your fears by the great Trusts put upon such persons of whom you have just cause of jealousie to this Kingdom and the Cause of God though you do not speak plain your Pamphletters do and your Pulpit Incendiaries to some purpose you mean Duke Hamilton now General of the Forces des gned by the Kingdom and Parliament of Scotland for vindicating the Honour of the Nation and revenging His Majesties Captivity upon that perfidious rebellious Army of Sectaries and their adherents what he did before the subscribing of the Covenant ought not to be objected his moderation even then deserving the honour and love of his Country and since his subscribing malice it self cannot tax him that he hath done any thing contrary to his Covenant or his Country what Montrosse doth asperse him with that he hindred his intended invasion of Scotland and so consequently His Majesties Service none of those who stand for the Covenant who did think Montrosse an enemy to the Covenant and to his Country ought to object this to my Lord Duke whose tender care of the safety and welfare of his Country may evidently appear even in the relation of one of his most deadly enemies and whereas his good advice for moderation was misconstrued by Argile and his prevailing Faction on the one side as if he had done things contrary to the Covenant and by Montrosse and his Confederates at Court on the other side as if he had connived or been accessary to those violent courses against his Majesty which God knows he was not able at that time to hinder his intentions being still for Peace and such a Peace as might consist with the safety of Religion and His Majesties honour whereof he was very hopeful being confident of His Majesties propensnesse to Peace and the interest he had in His Majesties favour but the watchfull malice of his enemies and the enemies of Peace did cunningly prevent his going about so good a work making him Prisoner without His Majesties knowledg hindring by all means a meeting betwixt them knowing that his Majesties justice and the Dukes innocency would quickly make their calumnies to vanish what a sad imprisonment did he indure much heightned by the then impossibility of clearing his innocency to his Sovereign the losse of whose favour would be more bitter than a thousand deaths and his real intentions for the good of his Country for whose cause he hazarded and suffered so much misery and imprisonment Yet this noble Dukes implacable and malicious enemies do further asperse him as a man of no Religion a meer Polititian and one that seeketh the ruine of his Soveraign by the aspiring to the Crown of Scotland It would trouble the best Politicians and the most Religious upon earth in these distracting and distracted times to distinguish rightly betwixt the duty we owe to Religion and the duty we owe to our Prince supposing them enemies but the falsity of this supposition which hath misled many thousands and been the ground of all our miseries being evident to the Duke who had the honor to be educated and intimate with his Majesty from his youth knowing his Majesty to be a lover and honourer of the true Protestant Religion a lover of justice and mercy and a practiser of all Christian and moral virtues and with a most munificent hand a royal Benefactor to himself and his Family It may be asked if it had been either piety or policy in the Duke to have kick'd off so loving and so liberal a Lord and Master although he had not been his Soveraign or to have ingaged against his Country with any Party that for their own ends more than the good of their Soveraigns were disturbers of all moderate Counsels so long as he had any hopes of Peace especially seeing so many sad presidents in both Kingdoms where many powerfull Subjects lovers of the true Protestant Religion not joyning prudence with their loyalty and innocence have crush'd them under the Load and nothing easeth His Majesties burthen but rather increaseth the same all their wealth and power being now made instrumental to enslave both KING and Kingdoms the Duke's prudence having vindicated him from the ruine intended against him by his enemies and reserved him through Gods blessing to vindicate his Loyalty by re-enthroning his Majesty so soon as God hath enabled him with any power to do it As for his Religion it is known he is neither Popishly affected nor a Sectary but who hath ever been a professor of the true Protestant Religion a lover and Patron of all Godly men and honest Ministers even in the time of Episcopacy when few or none but himself durst appear for them if his judgement had not been overswayed in some Star-Chamber sentences before he had that wisdom and experience which he now hath and long before he did take the Covenant if he had been ambitious of popular applause he had been more renown'd for his Religion than for his Princes royall bounty but wishing rather to be religious than seem so his favours were given in secret to many godly Ministers and his Majesties honour and good chiefly aimed at in the bestowing of them and
that you may take a short view of his proceedings as you have done of Argile's by comparing them you will find who doth deserve the Title of the most Religious Duke Hamilton suffered his worthy Mother to enjoy besides her own Joynture all his Estate whereby indeed he lost nothing she improving it much to his advantage hath helpt his Brother to a great estate with Titles and Places of Honour and profit suitable to his birth and worth his Sisters and now some of his Neices matched in the Noblest and best Families of the Kingdom 1. Whereas Argile did in his Fathers life time bring him to a Pension outed his Brother of his Estate Kintyre and ruined his Sisters by cheating them of their portions and so enforcing them to go to Cloysters The Duke had no quarrel with any save Montrosse the ground you heard for crossing his first intention for the Invasion of Scotland to prevent the misery and bloudshed that he did foresee was like to follow 2. Argile for private quarrels betwixt him and Montrosse Culkettough and the Athol men the Earl of Airely and other hath drawn much misery and bloudshed upon the Kingdom whom he enforced to espouse his quarrels The Duke had no spoyls nor gifts given him since ever he signed the Covenant save the Title of DVKE but hath been spoyled both himself and friends by those that followed Montrosse 3. Argile had enrich'd his Country with the spoyls of the Kingdom and himself with the great treasure bestowed on him both by Scotland and England which is well secured without the reach of an Impeachment The Duke stands firm to his Covenant for the established religion loyal to his Prince for Monarchical Government faithfull to his Country against all forein Invasion 4. Argile hath contrary to his Covenant Duty and Allegiance conspired to extirpate Monarchical Government to introduce forein forces of Sectaries to the utter overthrow of the established Religion The Duke acts nothing but according to the Laws established according to the Covenant and the duty of every good Subject 5. Argile hath overthrown all Laws tyrannizing over the Lives Liberties and Estates of the Subjects Duke Hamilton hath been of that temper to mediate for a wel-grounded Peace his Majesties deliverance and the Personal Treaty being the only probable waies for setling the three Kingdoms and setling the power where it ought to be for the Honour and safety both of King and Subjects 6. Argile opposeth all wayes of the Peace settlement of the three Kingdoms His Majesties deliverance and being brought to a Personal Treaty lest the power should be taken out of his and his Confederates hands whereby they oppress and ruine both King and Subject The Duke hath used and is using all endeavours to Vindicate the oppressed Subjects in both Kingdoms never changing Interests being alwaies faithfull to all those to whom he did profess love and friendship 7. Lastly Argile hath betrayed his old friends the Presbyterian party in both Kingdoms especially the Presbyterians in the Parliament of England and City of London not only suffering them to be made a prey to their enemies but obstructing their relief Let the impartial Reader now judge which of the two is most religious As this opposition betwixt Duke Hamilton and Argile makes them both to appear what they are so this following Parallel betwixt the Argathelian Faction and the Independent Junto will serve for an eye-salve to cure the eye-sight of both Kingdoms and let them see clearly how near they are to the brink of an intolerable and perpetual slavery Argile and his Faction stiled by the Independents the Godly party in Scotland the rest all Malignants 1. The Army of Sectaries in England however formerly Preached and wrote against now called by Argile's faction the hope of their safety The like in England by the Army of Sectaries and Independent Junto above twenty millions shared amongst them whereof the Kingdom can never get accompt all places of Honour and Trust of England still in the hands of those that are engaged for and with the Army of Sectaries 2. The heavy Taxes imposed and continued upon Scotland by Argile and his Faction and all the benefit thereof and most part of the monies got from England shared amongst them and no satisfactory accompt given to the Kingdom thereof Cromwell and the army for the King in their first ingagements but having inslaved the City inforced the Parliament to the dethroning Votes and as not formerly acquainted therewith gave thanks for them and sent their Emissaries to some seduced Counties and Corporations to do the like 3. All places of Honour and trust usurped by Argathelians till of late and the Army modelled to maintnin their Interest 4. Argile formerly yet but seemingly for Monarchy now really against it and all that desire to assert it Cromwell contributes a Passe to His Guides slacking the guards as he did the second time when he frighted him with a Plot from Hampton-Court to the Isle of Wight where he remains close Prisoner 5. That Faction first betrays the King to come to the Scots Army promising protection and then most persidiously delivered Him up to the mercy of His most cruel Enemies The blood shed in England under colour of justice in cold blood calls aloud for vengeance and the persidious breaches of the Army of their promises to King Parliament and Country is too too evident 6. Argile and his Faction have been most cruel to those they call their Enemies especially in cold bloud and perfidious to their friends deserting and betraying them What the insolent Army did comming with Bayes in their hats when they inslaved the Parliament and riding in triumph through the City by whose bounty they were made and maintained an Army will to their perpetual infamy be registred to all posterity 7. Argile when he had done mischief must have both thanks and reward and like a Conquerour march through the Kingdom in triumph a thing never granted amongst the noble Romans to triumph for a Victory in a Civil War The Army and some others by their instigation petition that the Kingdome may be setled without the King and that Army continued to eâ—slave the Kingdom especially the Presbyterian party their Army being for Toleration 8. Argile's Faction petitions That the Army intended for His Majesties inlargement and the relief of our Presbyterian Brethren shall not come in Cromwell was ready to comply but got some other work for the time and if God prevent it not will now speedily be able to obey Argile's desires but if that fail Argile shall have money and send David Lesley to levy Forces abroad to work Argile's ends 9. Argile and his Faction desires but five thousand Horse to assist them to subdue Scotland which must be turned a Province to the Kingdom of the Saints Let this serve for a Caveat to the mis-led and deluded Protestants of the three Kingdomes not to trust the fair promises or pretences of these
Remonstrance delivered to the Commons Novemb. 20. 1648. The second part of Englands New Chains and the Hunting the Foxes from New-Market and Triplo heath to White-hall by five small Beagles p. 6 7. See my Animadversions upon the Army Remonstrance Nov. 20. 1648. and Putney Projects p. 43. and Major Huntingtons Relation in a Book called A Plea for King and Kingdome in Answer to the Army Remonst presented Novemb. 20. 1648. pag. 14 15 16. and Second part of Englands New Chaines and the said Hunting of the Foxes c And the Reasons inducing Major Robert Huntington to lay down his Commission though since they Quarrel with Parliament and City for using them and Reducers of his Queen and Children without which they openly profess and declare positively in many printed Papers to the world and the Parliament There can be no setled peace nor happiness to this Nation The truth of this Assertion was obvious to the meanest Capacities and will suddenly be proved by dear and lamentable experience To all these undertakings they now hunt directly counter yet in pursuance of these undertakings the Army by their own Authority made Addresses to his Majesty and presented to him more tolerable Proposals than any he could obtain from his Parliament They treated with him yea they wrought upon him under-hand to neglect the Propositions from Parliament tendered to him at Hampton-Court and to prefer the Proposals of the Army and then presuming they had him fast lymed they propounded to him anew as I have it from good hands private Proposals from the Interest of the Independent Grandees and the Army derogatory to the Kingly Power and Dignity to the Lawes Liberties and Properties of the Subject and destructive to Religion To which his Majesty giving an utter denial they began to entertain new Designs against the Kings Person and Kingly Government which they ushered in by setting the Schismatical and Levelling Party on work in City and most Counties to obtrude upon the Houses clamourous Petitions against further Treaties and demanding exemplary Justice against the King exceedingly laboured by Cromwel himself in Yorkeshire both amongst the Gentry and Souldiers c. amongst these the Petition Dâ—cemb 11. 1648. was the most eminent these men that insolently petitioned against the fundamental Government of the Land and peace by Accommodation were entertained with Thanks Others that petitioned for Peace by Accommodation were entertained with Frowns disfranchisings sequestrations wounds and death as the Surrey Gentlemen this shewed with how little reality the over-ruling party in the Houses Treated with the King 2. part of Englands Chains discovered 1. â—reaty in the Isle of Wight In order to this Designe of laying aside the King and subverting Monarchy They 1. frighted his Majesty into the Isle of Wight 2. The Parliament that is the predominant Party pursued him thither with offer of a Treaty upon Propositions conditionally that before he should be admitted to Treat he pass 4. Dethroning Bils of so high a nature that he had enslaved the People subverted Parliaments and had made himself but the Statue of a King and no good Christian had he by his Royal assent passed them into Acts of Parliament 1. par Hist Inâ— sect 62 63 64. and the Parliamâ—nt or rather the Grandees after his Royal assent might have made themselves Masters of all the other Propositions without his Consent so that this Treaty was but a flourish to dazle the eyes of the world His Majesty therefore denied the 4. said Bils and thereby preserved the legal Interests of King Parliament and People yet the Faction presently took a pretence and occasion thereupon to lay aside the King Ibidem sect 65 66 67 68 69 70 71. 72 74. 75. And my said Animadvers p. 10. And the 2 part of Englands new Ch. by passing 4. Votes for no more Addresses to him and a Declaration against him which were not passed without many threats and more shew of force than stood with the nature of a Free Parliament the Army lying near the Town to back their Party the design having been laid before-hand between Sir Henry Vane Junior Sir John Evelyn of Wilts Nath. Fiennes Solicitor Saint Johns and a select Committee of the Army I told you before the People had been throughly instructed formerly by the Army and their Agitators That there could be no peace nor happiness in England 2 part of Englands new Ch. discovered p. 4 5. without restoring the King to his just Rights and Prerogatives c. notwithstanding which the people now found their hopes that way deluded by the Army and their Party who had cast off the King upon private discontents the true grounds whereof did not appear and had obstructed all way s to Peace and Accommodation and made them dangerous and destructive to such as travelled peaceably in them witness the sad example of the Surrey-men Kent Essex and all to perpetuate their great Places of power and profit The minds of the people therefore troubled with apprehension that our old Lawes and laudable form of Government should be subverted and new obtruded by the power of the Sword suitable to the power and lust of these ambitious covetous men and finding besides evident symptomes of a new War approaching to consume that small Remainder which the last Wars had left grew so impotient of what they feared for the future and felt at present insupportable Taxes Free-quarter insolency of Souldiers Martial Law Arbitrary Government by Committees and by Ordinances of Parliament changed and executed at the will and pleasure of ths Grandees instead of our setled and well approved Laws that despair thrust them headlong into Arms in Wales Kent Essex Pontefract c. and at the same time a cloud arising in Ireland a storm powred in from Scotland and the Prince threatning a tempest from Sea these concurrences looked so black upon the Independent Grandees that they gave way to a second mock-Treaty in the Isle of Wight 2. Treaty in the Isle of Wight which was the fruit of their cowardise and subtilty as appeares by Sergeant Nicholas a Creature of theirs who upon Saturday Octob. 28. 1648. moved in the House That the Lord Goring might be proceeded against as a new Delinquent out of mercy because he had Cudgelled them into a Treaty though now they attribute all to the Kings corrupt Party in the two Houses the Army likewise kept a mock-Fast or day of Humiliation at Windsor to acknowledge their sins and implore Gods mercy for their former disobedience to the Parliament in not Disbanding and their insolent Rebellion in Marching up in a Hostile and Triumphant posture against the Parliament and City August 6. 1647. promising more obedience hereafter and to acquiesce in the judgment of the Parliament and Declared Decl. Jun. 14. 1647. That it was proper for them to act in their own sphere as Souldiers and leave State affairs to the Parliament but this was done but to recover
a Castle or two in Kent were not yet reduced the people in Wales Kent Essex the North not yet setled in such a calme but that a new storme might arise a considerable party of the Scots yet unbroken in England and fronting Cromwell and Lambert under the Command of Monroe a daring knowing and uncorrupted Commander Scotland it selfe not yet assured to them and above all the Prince of Wales with a strong Fleet at Sea likely to raise new tempests at Land had he landed some men â—n Kent or Essex to gather up the male-contents there but newly scâ—â—tered and broken and ready to adhere to any Party to defend themselves from the fury and rapines of their Committee Warwick but a fresh-water Admiral lying in the Thames under Protection of the Block-houses and relying upon Land-souldiers to awe the Mariners from mutinying a cloud arising in Ireland ready to break into a storme upon these considerations the Cabal or close Junto of Grandees thought fit to dally on the Treaty the better to keep the Prince quiet in expectation thereof and gain time to work upon his Seamen already corrupted with want of work and pay and to gull and pacifie the rest of the Members and People not patient of a sharper remedy until Oliver had quite finished his Northerne work aâ—d marched nearer London Colchester reduced and the Princes Fleet retired to Harbour to avoid Winter and then to break off the Treaty and purge the House of those Members that sought Peace by an accord with the King under the notion of the Kings corrupt party to blinde their eyes therefore the Speaker Lenthall though at this time the Fore-man of Olivers shop when it was debated in the House Whether a Treaty should be had with the King in the Isle of Wight upon the Propositions of Hampton-Court The Question much opposed and at last put the Noes and the Yeas were equal 57. to 57. insomuch that the Speakers voice was put in to turn the Scales he gave his voice in the affirmative that time following his conscience against his Interest and my Lord Say openly in the House of Lords said God forbid that any man should take advantage of this Victory to break off the Treaty and the Armies Scout from Tuesday Novemb. 14. to Novemb. 21. 1648. propounds three Riddles to the Reader 1. Why the Grandees of the Junto that use to rule the Army are the most active Solicitors for an Agreement of the Parliament with His Majesty when then the Army are acting to the contrary 2. Why His Majesty stumbles only at the matters wherein the Presbyterian Interest are concerned when that Faction is the only visible prop to His Life Crown Dignity and dying Interest 3. Why the Souldiers Petitions for Justice upon his Majesty were ill resented and they thought worthy to be tried by a Councel of Warre as Offendors yet a Remonstrance was then framing by the Grandee-Officers to the same purpose and much more against the present Authority and in this the Generall concurres 6. New Instructions to Hammond in order to the Treaty sect 132. The next thing taken into consideration in relation to the Treaty was the giving new instructions to Hammond the Head-Goaler how to demeane himself in the Treaty which had formerly been Voted to be in the Isle of Wight with honour freedome and safety to his Majesty The Instructions were 1. That the King should enjoy the same liberty during this Treaty that He had at Hampton-Court 2. That no person excepted out of mercy none now Imprisoned by the Parliament nor none now in actuall Armes against the Parliament should be admitted to come to the King 3. That no forreign Agent should make any Addresse to him without leave of both Houses Against these Instructions it was argued That some of them contradicted the former Votes That the King should Treat in Honour and Freedome and that He should enjoy the same Liberty He had at Hampton-Court which could not be so long as He was denyed to correspond with other Princes His Allyes with whom He was in league and amity by their Ambassadors and Agents a Royalty inseparable from the Crowne allowed Him at Hampton-Court and to deny it was implicitely to dethrone Him To which was answered That this was true of a King in actuall exercise of his Regall power which this King neither is nor ought to be untill He hath given satisfaction to His Parliament That it was a great condescention in them and below the Dignity of a Parliament to recal their Votes of Non-Addresse and put the businesse of the Treaty thus forward and if He would not accept of a Treaty upon such conditions as the Parliament thought fit then things would be but where they were The peaceable moderate Party perceiving what operation the Scotish Victory had already upon the fancies of those hot-headed Men knew they must speak mannerly and modestly for feare of correction and must take what they could since they could not have what they would 4. That the King should give His Royall word not to remove out of the Island during the Treaty nor in 20. daies after without consent of the two Houses this was to make his chaines a linke or two longer 7. The Earle of Warwicks Letter to Derby-ho complaining of his Sea-men yet the King did give His Royall word accordingly Thursday Aug. 24. a Letter came to the Committee of Safety at Derby-House from the Earle of Warwicke complaining of the perversnesse of his owne Sea-men and that those with the Prince would not yet stoop to the Gods of Gold his owne words That some other way must be thought of besides force to undermine the Prince that since they had subdued their Enemies by Land it would be a good preparative to work upon their Enemies by Sea with the same Engine You see these Saints having gotten a publique Purse into their hands are at the peoples cost and charges bountifull Corrupters of other mens faith having none of their owne About this time a new kind of pick-lock was invented to open the iron Chests and Counter-Boards of the City 8. A Committee to make effectuall the Sale of Bishops Lands and cajole the City and invite them to throw more money after that they had cast away already in purchase of Bishops Lands namely a Committee to consider of a way to secure unto the Purchasers the Mony they had already disbursed upon the said Lands and to remove all impediments in the Sale for time to come To which Col. Harvy said That he had experience in the late defection of the City when the Men most backwards in the Parliaments service were such of the Presbyterians as had no engagement upon Bishops Lands wheras others of the same Party that have interest in the same Lands are as forward as any the best affected Here you see what it is that chaines the affections of the City to this Parliament and what it is that
could not be carried on by any private designe in Conventicles and corners as are all the bloudy Petitions for justice justice against capital Delinquents and the most High which being penned and solicited by the Army or sectary Committee-men 48. Somersetshire encouraged by the House to associate all the wel-affected i. e. all the Anarchists and Cheaters and subscribed and prosecuted by some few beggerly Schismaticks without Cloaks in the Names of whole Counties whom they had the impudence to belie were entertained in state and they and that wel-affected County though they abhorred the villany thanked for their paines * 25. Decemb. The House voted a Letter to be sent by way of encouragement to the County of Somerset to go on with setling their association with the wel-affected and forces of the Counties adjacent this is to associate and Arme all the Schismaticks Committee-men guilty and desperate Persons Antimonarchists and Anarchists against all the peaceable and honest men of the Kingdome 26. Decemb. Mr. Pryn sent a Letter to the General 49. Mr. Pryns Letter to the General demanding his liberty demanding his liberty and seconded it with a Declaration as followeth Mr. Pryn's Demand of his Liberty to the Generall Decemb. 26. 1648. with his Answer thereto And his Declaration and Protestation thereupon For the Honourable Lord Fairfax Generall of the present Army THese are to acquaint your Lordship 50. Mr. Pryns Declaration seconding his said Letter That I being a Member of the Commons House of Parliament a Free-man of England a great Sufferer for and an Assertor of the Subjects Liberties against all Regal and Prelatical tyranny and no way subject to your owne your Councel of Warrs or Officers military power or jurisdiction going to the House to discharge my duty on the 6 of this instant December was on the staires next the Commons House door forcibly kept back entring the House seized on and carried away thence without any pretext of Lawfull Authority therto assigned by Colonel Pride and other Officers and Souldiers of the Army under your Command And notwithstanding the Houses demand of my enlargement both by their Sergeant and otherwise ever since unjustly detained under your Marshals custody and tossed from place to place contrary to the known Priviledges of Parliament the Liberty of the Subject and fundamental Laws of the Land which you are engaged to maintaine against all violation And therefore do hereby demand from your Lordship my present enlargement and just liberty with your Answer hereunto From the Kings-head in the Strand Decemb. 26. 1648. William Pryn. This was delivered to the Generals own hands at his House in Queen-street about three of the clock the same day it beares date by Doctor Bastwijcke VVho returned this Answer by him upon the reading therof THat he knew not but Mr. Pryn was already released and that he would send to his Officers to know what they had against him VVho it seems act all things without his privity and steer all the Armies present counsels and designes according to their absolute wills The Publique Declaration and Protestation of William Pryn of Lincolnes Inne Esquire Against his present Restraint and the present destructive Councels and Jesuiticall proceedings of the Generall Officers and Army I VVilliam Pryn a Member of the House of Commons and Freeman of England who have formerly suffer'd 8. years Imprisonment four of them close three in exile three Pillories the losse of my Ears Calling Estate for the vindicating of the Subjects just Rights and Liberties against the arbitrary tyranny 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 freedom 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 publicke services Do here solemnly 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 real grounds of Religion Conscience Justice Law prudence and right reason for the speedy and effectual setlement of the peace and safety of our three distracted bleeding dying Kingdoms on Monday Dec. 4. I was on Wednesday morning following the 6 of this instant going to the House to discharoe my duty on the Parliament staires next the Commons door forcibly seized upon by Col. Pride Sir Hardress VValler and other Officers of the Army who had then beset the House with strong Guards and whole Reg of Horse and Foote haled violently thence into 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 forceibly detained Prisoner with other Members there restrained 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 any other accommodations contrary to the known Priviledges of Parl. the fundamental Laws of the Realm and Liberty of the subject which both Houses the 3. Kingdoms the General with all Officers and Soldiers of the Army are by solemn Covenant and duty obliged inviolably to maintain Since which I have without any lawful power or authority bin removed and kept prisoner in several places put to great expences debar'd the liberty of my person calling denied that hereditary freedom which belongs to me of right both as a Freeman a Member an eminent sufferer for the publick and a Christian by these who have not the least shadow of authority or justice to restrain me and never yet objected the least cause for this my unjust restraint I do therfore hereby publickly protest against all these their proceedings as the highest usurpation of an arbitrary and tyrannical power the greatest breach of faith trust Covenant priviledges of Parl. and most dangerous encroachment on the Subjects liberties and Laws 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 freedom in all their Remonstrances whils they are triumphantly trampling them all under their armed iron feet And do further herby appeal to 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 less tyrannical oppressive unjust and fedifragus to God and men than themselves And do moreover remonstrat that all their present exorbitant actings against the King Parl. present Government and their new modled representative are nothing else
both Houses and now into Orders of a remaining Faction of one House 1. That the People that is their own faction according to their said Principle are under God the originall of all just power 2. That the Commons of England in Parliament assembled being chosen by and representing the People have the supreme power of this Nation 3. That whatsoever is enacted or declared for Law by the House of Commons assembled in Parliament hath the force of Law and all the People of this Nation are concluded therby although the consent or concurrence of the King or House of Peers be not had thereunto This chain-shot sweeps away King Lords Laws Liberties property and fundamentall Government of this Nation at once and deposites all that is or can be neer or deare unto us in scrinio pectoris in the bosomes and consciences of 50. or 60. factious covetous Saints the dregs and lees of the House of Commons sitting and acting under the power of an Army and yet the House of Commons never had any Power of Iudicature nor can legally administer an Oath but this in pursuance of their aforesaid Principle That they may pass through any form of Government to carry on their Design The Diurnall tells you there was not a Negative Voice this shews under what a terror they sit when in things so apparently untrue no man durst say No so the said Declaratory Vote and Ordinance for Triall of His Majesty by a Court Martiall if the Diurnall speak true and yet the King no Prisoner of War was passed onely in the name and by the Authority of the Commons Notwithstanding the Order of the House That the Clerk should not deliver a Copy of the said Ordinance to any man I here present the Reader with a Copy thereof * An Act of Parliament of the House of Commons for Tryall of Charls Stuart King of England 59. The Act for Triall of the King VVHeras it is notorious that Charles Stuart the now King of England was not content with the many incroachments which his Predecessors had made upon the People in their Rights and Freedom hath had a wicked Design to subvert the ancient and foundamentall Laws and Liberties of this Nation and in their place to introduce an Arbytrary and Tyrannicall Government Quaere Whether the Faction do not translate these Crimes from themselves to the King with many others and that besides all evil waies to bring His Design to pass He hath prosecuted it with fire and sword levied and maintained a Civill Warre in the Land against the Parliament and Kingdom whereby this Countrie hath been miserablie wasted the publique Treasure exhausted Trade decayed thousands of People murdered and infinite of other mischiefs committed for all which high offences the said Charls Stuart might long since have been brought to exemplary and condigne punishment Whereas also the Parliament well hoping that the restraint and imprisonment of His Person after it had pleased God to deliver Him into their hands would have quieted the distempers of the Kingdom did forbear to proceed judicially against Him but found by sad experience that such their remissness served onely to encourage Him and His Complices in the continuance of their evil practices and raising new Commotions Rebellions and Invasions For prevention of the like and greater inconveniences and to the end no chief Officer or Magistrate may hereafter presume Traiterously and maliciously to imagine or contrive the enslaving or destroying of the English Nation and to expect impunity Be it enacted and ordained by the Commons in this present Parliament assembled and it is hereby enacted and ordained that Thomas Ld. Fairfax Generall Oliver cromwel Lieu. Generall Com. Gen. Ireton Major Gen. Skippon Sir Hardresse Waller Col. Valentine Walton Col. Thomas Harrison Col. Edward Whalley Col. Thomas Pride Col. Isaac Ewer Col. Rich Ingolsby Sir Henry Mildmay Sir Tho Honywood Thomas Lord Grey Philip Lord Lisle Will Lord Munson Sir John Danvers Sir Tho Maleverer Sir Iohn Bowcher Sir Iames Harington Sir William Brereton Robert Wallop Esquire Will Henningham Es Isaas Pennington Alderman Thomas Atkins Ald Col. Rowland VVilson Sir Peter VVentworth Col. Henry Martyn Col. William Purefoy Col. Godfrey Bosvill Iohn Trencherd Esq Col. Harbottle Morley Col. Iohn Berkstead Col. Mat. Tomblinson Iohn Blackstone Esq Gilb Millington Esq Sir Will Cunstable Col Edward Ludlow Col. Iohn Lambert Col. Io. Hutchingson Sir Arth Hazlerigge Sir Michael Livesley Rich Saloway Esq Humph Saloway Esq Col. Rob Titchburn Col. Owen Roe Col. Rob Manwaring Col. Robert Lilburn Col. Adrian Scroop Col. Richard Dean Col. Iohn Okey Col. Robert Overton Col. Iohn Harrison Col. Iohn Desborough Col. William Goffe Col. Rob Dukenfield Cornelius Holland Esq Iohn Carne Esq Sir Will Armine Iohn Iones Esq Miles Corbet Esq Francis Allen Esq Thomas Lister Esq Ben Weston Esq Peregrin Pelham Esq Iohn Gourdon Esq Serj. Francis Thorp Iohn Nut Esq Tho Challoner Esq Col. Algern Sidney Iohn Anlaby Esq Col. Iohn Moore Richard Darley Esq William Saye Esq Iohn Aldred Esq Iohn Fagge Esq Iames Nelthrop Esq Sir Will Roberts Col. Francis Lassels Col. Alex Rixby Henry Smith Esq Edmond Wilde Esq Iames Chaloner Esq Iosias Barnes Esq Dennis Bond Esq Humph Edwards Esq Greg Clement Esq Iohn Fray Esq Tho Wogan Esq Sir Greg Norton Serj. Iohn Bradshaw Col. Edm Harvey Iohn Dove Esq Col. Iohn Venn Iohn Foulks Ald. Thomas Scot Alder. Tho Andrews Ald William Cawley Esq Abraham Burrell Esq Col Anthony Stapley Roger Gratwicke Esq Iohn Downs Esq Col. Thomas Horton Col. Tho Hammond Col. George Fenwick Serj. Robert Nichols Rohert Reynolds Esq Iohn Lisl Esq Nicholas Love Esq Vincent Potter Sir Gilbert Pickering Iohn Weaver Eq. Iohn Lenthall Esq Sir Edward Baynton Iohn Corbet Esq Thomas Blunt Esq Thomas Boone Esq Augustin Garland Esq Augustin Skinner Esq Iohn Dickswell Esq Col. George Fleetwood Simon Maine Esq Col. Iames Temple Col. Peter Temple Daniel Blagrave Esq Sir Peter Temple Col. Thomas Wayte Iohn Brown Esq Iohn Lowry Esq Mr. Bradshaw nominated President Counsellors assistant to this Court and to draw up the Charge against the KING are Doctor Dorislau Master Steel Master Aske Master Cooke Serjeant Dandy Serjeant at Arms. Mr. Philips Clerk to the Court. Messengers and door-keepers are Master Walford Master Radley Master Paine Master Powel Master Hull And Mr. King Crier shall be and are hereby appointed Commissioners and Judges for the hearing trying and Judging of the said Charles Stuart and the said Commissioners or any 20 or more of them shall be and are hereby Authorized and Constituted an High Court of Justice to meet at such convenient times and place as by the said Commissioners or the major part or 20. or more of them under their hand and seals shall be appointed and notified by publick Proclamation in the great Hall or Palace-yard of Westminster and to adjourn from time to time and from place to place as the said High Court or the major part thereof meeting shall hold fit
a force consulting in the House without their fellow Members advice or concurrence about speedie Deposing and executing CHARLES their lawfull Soveraign to please the Generall Officers and Counsell of the Army who have usurped to themselves the Supreme Authoritie both of King and Parliament or rather the Jesuits and Popish Priests among them 1. By the Common Law the Stat. 25. Edw. 3. Cok. 5. Inst 4. 1. Stamf. Pleas of the Crown l. 1. c. 1 2. and all other Acts concerning Treason It is High Treason for any man by overt act to compass the death of the King or his eldest Son though never executed and so adjudged by Parliament in the Earl of Arundels Case 21 Ric. 2. Plac. Coronae n. 4 6 7. 2. In the Oath of Allegiance which every man takes before he sits in Parliament you acknowledge him to be lawful and rightful King of this Realm and that the Pope neither of himself nor by any authority of the See of Rome or by any other means with any other hath any Power or Authority to depose the King c. Exact Collect. p. 16 19 21 59 66 83 102 103 118 123 125 141 142 143 173 180 195 219 259 281 307 380 312 360 376 457. A Collect c. p. 13 18 41 43 44 49 51 61 64 96 181 182 340 341 424 425 499 599 623 696 806 807 879. Appendix p. 15. 3. Your selves amongst other Members in above one hundred Remonstrances Declarations Petitions Ordinances c. in the name of the Parliament have professed You never intended the least hurt injury or violence to the Kings Person Crown Dignity or Posterity but intended to Him and His Posterity more Honour Happiness Glory and Greatness than ever any of His predecessors enjoyed That you would make good to the uttermost with your Lives and Fortunes the Faith and Allegiance you have alwaies born to him That all Contributions Loans should be imploied onely to maintain the Protestant Religion the Kings Authoritie Person Royal Dignitie Laws of the Land Peace of the Kingdome and Priviledges of Parliament That the Forces raised by the Parliament were for defence of the Kings Person and of both Houses That the Parliament will ever have a care to prevent any danger to his Person That they are resolved to expose their lives and fortunes for maintenance of the Kings Person Honour and Estate and the Power and Priviledges of Parliament when the King taxed the Houses for insinuating Exact Collect. p. 298 695 696 657 658 991. That if they should make the highest Presidents of other Parliaments their pattern that is depose the King there could be no cause to complain of them Both Houses by two Declarations protested against it saying That such thoughts never entred nor should enter into their loyal hearts Collect. of all Orders p. 8 13 41 43 44 49 51 61 64 96 99 623 696 879. Appendix p. 15. 4. By the Protestation They declare in the presence of God to defend the Kings Person and Estate and that their Armies under Essex and Fairfax were raised for that purpose inter alia 5. By the National Covenant They vowed to defend the Kings Person and Authoritie in preservation of true Religion and Liberties of the Kingdom and that they will all the daies of their lives continue in this Covenant against all opposition 6. You monopolize the Supreme power into your own hands robbing both King Lords and the rest of your fellow Members thereof whom you are content should be violently shut out by your Army who have leavied War against the Parliament to dissolve it till the removall of which force and restoring your Members with freedom and safety Also 15. E. 3. n. 5. 17 E. 3. n. 2 6. 18. E. 3 n 1. 2. 5. c. 1. R. 2. n. 1. 2. R. 2. n. 1. 3. R. 2. n. 1. 4. R. 2. n. 1. 5. R. 2. Parl. 1. n. 1. Parl. 2. n. 1. 8. H. 4. n. 28. you ought not to sit or Act in your Armies own doctrine in their Remonstrance Aug. 18. and by the Declaration and Ordinances of both Houses Aug. 20. 1647. Sec 21. R. 2. c. 12. 1. H. 4. c. 3. 31. H. 6. c. 1. 39. H. 6 c. 1. See the memorable Record 6. E. 3. Parl. apud Ebor. n. 1 2 dorso clauso 6. E. 3. m. 4. 6. E. apud Westm. Parl. 2. n. 1. 13. E. 3. Parl. 2. n. 4. many more Rolls where Parliaments when any considerable number of Members of either House were absent refused to sit though under no force till the House were full You have neither Law nor president for what you do Edw. 2. Rich. 2. were forced by Mortimer and H. 4. to resign their Crowns in a formall way one to his Son the other to his conquering Successor neither of them to the Parliament and at last Deposed by a subsequent Sentence of Parliament as unfit to Reign without any formall Triall * 72. The Armies party in the H approve the matter of the Co of Officers accusatory Ans against the secured Memb with out hearing them See Mr. Io Geerees Ans to that silly Sophister Io Goodwin called Might overcoming right Jan. 11. 1648. The House read the Answer of the Generall Counsell of the Army concerning the secured and secluded Members and as I have formerly said without hearing what the said Members could say for themselves approved the matter of it whereupon the secured and secluded Members 20. Jan. 1648. with much ado got printed their Vindication against the Aspersion cast upon them in The humble Answer of the Generall Counsell of the Officers of the Army concerning the securing secluding of the said Members The sum whereof is as followeth 73. The sec and secl Memb. Defence against the scandalous An of the C of W By the Preamble of this Answer and by the Proposals of the 6. Decemb. and the late Declaration and Remonstrance therein cited it appears this Design to break the House by force hath been long since plotted and contrived with action The Generall Councell of the Army in their said Answer say Is a course in it self irregular and not justifiable but by honest intentions and extraordinarie necessitie the weakness of which Answer we must examine but first must state the case b tween us They are an Army raised by Ordinance of Parliament of 15. Febr. 1644. for defence of King and Parliament the true Protestant Religion the Lawes and Liberties of the Kingdom and to be from time to time subject to such Orders and Directions as they shall receive from both Houses of Parliament and to this end they stand commissioned by them and receive pay from them to this day And besides this trust thus lying upon them they are under the obligation of a solemn Covenant sworn to God That they will in their place and callings with sincerity reality and constancy with their estates and lives preserve the Rights and Priviledges of
People or else by the power of Courtiers stopping the course of Justice at the Councel Table and in other Arbitrary Courts both which are taken away by the Kings Concessions 1. That the Nomination of Judges and Officers be in the Parliament 2. That the King make no new Parliament Lords for the future to Vote there For this you must take the faith of the misty brained Penman who had this as well as many other gross Lies by Revelation The Army had had the King in hâ—ir power and had the Parliament adjourned the sole power of the Kingdom had been left in the Army which is a thing aimed at by them Another Objection is That they had intelligence that had they been suffered to meet all in the House once more it was designed to have passed some higher Resolutions to lay farther foundations of a new quarrel so as to carry therein the name and countenance of Parliamentary Authoriâ—y together with the Kings upon an acceptable pretence of Peace to draw men in and then to have adjourned the Parliament for a long time excluding all remedy in this case but by another War To this we say the House immediately upon passing the Vote 5. Decemb sent a Committee to the General to confer with him and his Officers and keep a good correspondency with them To which the General promised his readiness howsoever it was hindred afterwards And then they seized upon one of the Commissioners appointed to Treat affronted another and left no way free for a Conference which shews they were resolved to doe what they had designed The last Obj. is That those Members that are yet detained in Custodie are either such as have been formerly Impeached and in part judged by the House for Treason and other Crimes and never acquitted and against whom they can and very shortly will produce new matter of no less crime or else such who have appeared most active and united in Councels with them against whom also they are preparing and shall shortly give matter of particular Impeachment To this we say that when it appears what those crimes are and what persons are charged with them we doubt not but they will sufficiently acquit themselves if things may be legally carried in a judicial way by competent Judges not preingaged In the mean time we conclude That Souldiers whose advantages arise by War are not fit to judge of the Peace of the Nation 74. A Declaration by Mr. Walker and Mr. Pryn The 19. Jan. 1648. Mr. Pryn and Mr. Walker two of the secured Members published in print their Declaration and Protestation against the actings and proceedings of the Army and their Faction now remaining in the House of Commons as followeth A Declaration and Protestation of Will Pryn and Clem Walker Esquires Members of the House of Commons Against the present Actings and Proceedings of the Generall and Generall Councell of the Army and their Election now remaining and sitting in the said House WHereas long since for ease of the People both Houses in a full and free Parliament Voted the Disbanding of this Army in opposition to which some great Officers of the said Army to continue their rich Commands with some Members of the House of Commons who daily inrich themselves by the troubles of the times secretly mutinied the Army against the Parliament And whereas lately the farre major part of the House of Commons pittying the bleeding condition and tears of the oppressed People Voted and entred into a Personall Treaty with the King without which by the Armies own confession in their Remonstrance at Saint Albons p. 64. there can be no peace which the Army interrupted by obtruding upon the Commons a treasonable Remonstrance 20. Novemb. 1648. tending to destroy the King and His Posterity and wholly to subvert all Parliaments Religion Laws and Liberties for ever whereby the Commons in Parliament found it absolutely necessary to prevent such pernitious innovations by concluding a safe peace with His Majesty whereupon after mature debate the House of Commons the 5. Decemb. 1648. Voted That the Kings Answer to the Propositions of both Houses upon the Treaty were a ground for the Houses to proceed to the settlement of a safe and well-grounded Peace Upon which the Generall and Councell of Warre Wednesday morning 6. December 1648. Seized and Imprisoned 41 of the Members going to the House of Commons to do their Duty secluded above 160. other Members besidss 40. or 50. Members who voluntarily withdrew themselves to avoid their violence leaving onely their own engaged party of 40. or 50. Members sitting who now pass Acts of Parliament of the House of Commons as they call them without the Lords and comply with the said Councell of Warre to carry on the said Remonstrance To which purpose this present remnant of the Commons have unvoted in a thin House under the force of the Army what was deliberately Voted in a full and free House whereas by their own Ordinance passed upon the Tumult of Apprentices 20. August 1647. to null and make void ab initio all Acts Orders Votes c. passed under the said force This remaining Party ought not to sit act nor take upon them the style of a House under so visible actuall and horrid a Force The premises considered We whose names are hereunto subscribed Members of the House of Commons do declare and protest That the said Generall Commissioned Officers and Generall Councell of the Army by the said act of violence upon the major part of the House which legally and virtually is the whole House have waged War and Rebelled against the Parliament their Masters who raised them to defend the Priviledges of Parliament and the Kings Person and Authority in defence of Religion Laws and Liberties and have thereby forfeited their Commissions and have broken and dis-continued this Parliament so that untill this force be removed punished the Honour of the Parliament and their wronged Members vindicated and all the Members resummoned all the Votes Orders and Actings passed and to be passed by this nominall House of Commons are and will be void ab initio and all such as do or shall obey them are and will be punishable both by the Armies own judgment in their Remonstrance August 18. and by the Houses Declaration and the said Ordinance 20. August 1647. We do farther declare and protest against this present House of Commons illegall Acts Order or Ordinance for erecting a High Court of Justice and usurping a power without any Law or president to Trie Depose and bring to capitall punishment the King and to Dis-inherit His Posterity or any of them and against the said Generall Councell of Officers aiding and abetting them therein as highly impious against the Law of God Nations and the Protestant Profession Traitors against the Stat. of Treason 25. Edw. 3. and against all Laws and our Statutes perjurious and perfidious against the Oaths of Allegiance Supremacy Nationall Covenant and Protestation
about the thirtieth day of June in the year of our Lord one thousand six hundred forty and two at Beverley in the County of York and upon or about the thirtieth day of July in the year aforesaid in the County of the City of York and upon or about the twenty fourth day of August in the same year at the County of the Town of Nottingham when and where he set up his Standard of War and also on or about the twenty third day of October in the same year at Edgehill and Keinton-field in the County of Warwick and upon or about the thirtieth day of November in the same year at Brainford in the County of Middlesex and upon or about the thirtieth day of August in the year of our Lord one thousand six hundred fourty and three at Cavesham-bridge neer Reading in the County of Berks and upon or about the thirtieth day of October in the year last mentioned at or neer the City of Gloucester And upon or about the thirtieth day of November in the year last mentioned at Newbury in the County of Berks And upon or about the one and thirtieth day of July in the year of our Lord one thousand six hundred forty and four at Cropredy-bridge in the County of Oxon And upon or about the thirtieth day of September in the year last mentioned at Bodmin and other places neer adjacent in the County of Cornwall And upon or about the thirtieth day of November in the year last mentioned at Newbury aforesaid And upon or about the eighth day of June in the year of our Lord one thousand six hundred forty and five at the Towne of Leicester And also upon the fourteenth day of the same moneth in the same year at Naseby-field in the County of Northampton At which several times and places or most of them and at many other places in this Land at several other times within the years aforementioned And in the year of our Lord one thousand six hundred forty and six He the said Charles Stuart hath caused and procured many thousands of the free-people of the Nation to be slaine and by Divisions Parties and Insurrections within this Land by invasions from forraigne parts endeavoured and procured by Him and by many other evill waies and meanes He the said Charles Stuart hath not only maintained and carried on the said Warre both by Land and Sea during the years before mentioned but also hath renewed or caused to be renewed the said Warre against the Parliament and good people of this Nation in this present yeare one thousand six hundred forty and eight in the Counties of Kent Essex Surrey Sussex Middlesex and many other Counties and places in England and Wales and also by Sea And particularly He the said Charles Stuart hath for that purpose given Commissions to his Sonne the Prince and others whereby besides multitudes of other Persons many such as were by the Parliament intrusted and employed for the safety of the Nation being by Him or his Agents corrupted to the betraying of their Trust and revolting from the Parliament have had entertainement and commission for the continuing and renewing of Warre and Hostility against the said Parliament and People as aforesaid By which cruell and unnaturall Warres by Him the said Charles Stuart levyed continued and renewed as aforesaid much Innocent bloud of the Free-people of this Nation hath been spilt many Families have been undone the Publique Treasury wasted and exhausted Trade obstructed and miserably decayed vast expence and damage to the Nation incurred and many parts of the Land spoyled some of them even to desolation And for further prosecution of His said evill Designes He the said Charles Stuart doth still continue his Commissions to the said Prince and other Rebels and Revolters both English and Forraigners and to the Earle of Ormond and to the Irish Rebels and Revolters associated with him from whom further Invasions upon this Land are threatned upon the procurement and on the behalf of the said Charles Stuart All which wicked Designes Warrs and evill practises of Him the said Charles Stuart have been and are carried on for the advancing and upholding of the Personall Interest of Will and Power and pretended prerogative to Himself and his Family against the publique Interest Common Right Liberty Justice and Peace of the people of this Nation by and for whom He was entrusted as aforesaid By all which it appeareth that He the said Charles Stuart hath been and is the Occasioner Author and Contriver of the said unnaturall cruell and bloudy Warrs and therein guilty of all the treasons murthers rapines burnings spoiles desolations damage and mischief to this Nation acted or committed in the said Warrs or occasioned therby And the said John Cook by Protestation saving on the behalfe of the people of England the liberty of Exhibiting at any time hereafter any other Charge against the said Charles Stuart and also of replying to the Answers which the said Charles Stuart shall make to the premises or any of them or any other Charge that shall be so exhibited doth for the said treasons and crimes on the behalf of the said people of England Impeach the said Charles Stuart as a Tyrant Traytor Murtherer and a publique and implacable Enemy to the Common-wealth of England And pray that the said Charles Stuart King of England may be put to answer all and every the premises That such Proceedings Examinations Tryals Sentence and Judgment may be thereupon had or shall be agreeable to Justice The King smiled often during the reading of the Charge especially at these words Tyrant Traytor Murderer and publique Enemy of the Commonwealth President Sir you have now heard your Charge you finde that in the close of it it is prayed to the Court in behalfe of the Commons of England that you answer to your Charge which the Court expects King I would know by what power I am called hither I was not long ago in the Isle of Wight how I came there is a longer story then I think fit at this time for me to speak But there I entred into a Treaty with both Houses of Parliament with as much faith as is possible to be had of any People in the World I Treated there with a number of Honourable Lords and Gentlemen and treated honestly and uprightly I cannot say but that they did very nobly with Me We were upon a Conclusion of the Treaty Now I would know by what lawful Authority there are many unlawfull Authorities Thieves and Robbers on the High-way I was brought from thence and carried from place to place and I know not what and when I know by what lawfull Authority I shall Answer Remember I am your King your lawfull King and what sinns you bring upon your own heads and the judgment of God upon this Land think well upon it think well upon it I say before you go on from one sinne to a greater therefore let me know by what
lawfull Authority I am seated here and I shall not be unwilling to Answer In the meane time I shall not betray My Trust I have a trust committed to Me by God by old and lawfull descent I will not betray it to answer to a new unlawfull Authority Bradshaw Pres If you had been pleased to have observed what was hinted to you by the Court at your first comming hither you would have known by what Authority which Authority requires you in the name of the People of England of whom you are Elected KING to answer them King I deny that Bradsh If you acknowledge not the Authority of the Court they must proceed King I do tell them so England was never an Elective Kingdome but an Hereditary Kingdome for neer these thousand yeares Therfore let Me know by what lawfull Authority I am called hither I do stand more for the Liberty of My People then any here that come to be My pretended Judges and therefore let Me know by what lawfull Authority and I will Answer otherwise I will not Answer Bradsh Sir How really you have managed your Trust is known your way of Answer is to interrogate the Court which beseems not you in this condition you have been told of it twice or thrice King Here is Lieut. Colonell Cobbet aske him if he did not bring Me from the Isle of Wight by force I do not come here as submitting to the Court I will stand as much for the Priviledg of the House of Commons rightly understood as any man here whatsoever I see no House of Lords here that may constitute a Parliament and the King too should have been Is this the bringing the King to His Parliament Is this the bringing an end to the Treaty on the publique Faith Let Me see a Lawfull Authority warranted by the Word of God the Scriptures or by the constitutions of the Kingdome I will not betray My Trust nor the Liberties of the People I am sworne to keep the Peace by that duty I owe to God and My Country and I will do it to the last breath in My body As it is a sinne to withstand lawfull Authority so it is to submit to a Tyrannical or any otherwise unlawfull Authority Bradsh The Court expects your finall Answer and will adjourne till Munday next Brutish we are satisfied with our Authority that are your Judges and it is upon Gods Authority and the Kingdomes and that peace you speak of will be kept in doing Justice and that 's our present work So the Court adjourned and the King was conducted back Note They had so contrived it that diverse Schismaticall Souldiers and Fellowes were placed round about the Court to cry Justice Justice when the King was remanded thinking all the rest of the people would have bleated to the same tune but they almost all cryed God blesse Him and were some of them well cudgelled by the Souldiers for not saying their prayers handsomely after the mode of the Army one barbarous Souldier it is confidently reported spat in the Kings Face as he bauled for Justice Whether this were the first day or afterwards I know not The King only saying My Saviour suffered more for my sake wiped it off with His Handkerchief yet the Court took no notice of this Affront so farre was His Majesty already fore-judged and condemned to Sufferings Munday January 22. 81. The second daies Triall of his Majesty The KING was brought again to His Tryall Solicitour Cock May it please your Lordship I did at the last Court in behalf of the Commons of England exhibite and give in to this Court a charge of high Treason and other High crimes against the Prisoner at the Bar whereof I do accuse him in the name of the people of England and the charge was read unto Him and his Answer required My Lord He was not then pleased to give an Answer but instead of answering did dispute the Authority of this High Court My humble motion to this High Court in behalf of the Kingdome of England is That the Prisoner may be directed to make a positive Answer either by way of confession or Negation which if He shall refuse to do That the matter of charge may be taken pro confesso and the Court may proceed according to Justice Bradsh Sir you may remember at the last Court you were told the occasion of your being brought hither and you heard a charge read against You c. You hear likewise what was prayed in behalf of the People That you should give an Answer to that charge You were then pleased to make some scruples concerning the Authority of this Court and knew not by what Authority You were brought hither You did diverse times propound your Questions and were as often Answered That it was by Authority of the Commons of England Assembled in Parliament that did think fit to call You to account for those High and capitall Misdemeanours wherewith You were then charged Since that the Court hath taken into consideration what You then said they are fully satisfied with their own Authority and they hold it fit You should stand satisfied therewith too And they do require that you do give a positive and particular Answer to this Charge exhibited against You they expect you should either confess or deny If you do deny Without any Law President rationall debate or Arguments to prove it Oh brutish Tyranny it is offered in the behalf of the Kingdome to be made good against You Their Authority they do avow to the whole world that the whole Kingdome are to rest satisfied therein and You are to rest satisfied in it and therfore You are to give a positive Answer King When I was here last its true I made that Question and truly if it were only my owne particular case I would have satisfied My selfe with the Protestation I made here the last time against the Legality of this Court and that a King cannot be tryed by any Superiour Jurisdiction upon Earth but it is not my case alone it is the Freedome and the Liberties of the People of England and do you pretend what you will I stand more for their Liberties for if Power without Law may make Lawes nay alter the Fundamental Lawes of the Kingdome I do not know what Subject he is in England that can be sure of his Life or any thing that he calls his own Therefore when I came hither I did expect particular Reasons to know by what Law what Authority you proceed against me here and therfore I am a little to seek what to say to you in this Particular because the Affirmative is to be proved the Negative often is very hard to do I shall tell you My Reasons as short as I can All proceedings against any man whatsoever Bradsh Sir I must interrupt You what You do is not agreable to the proceedings of any Court of Justice False You are about to
Edward Ludlow Col. Jo. Hutchingson Col. Robert Titchburne Col. Owen Roe Col. Adriaen Scroop Col. John Oky Col. John Harrison Col. John Desborough Cornelius Holland Esq Miles Corbet Esq Francis Allen Esq Peregrin Pelham Esq John Gourdon Esq Serj. Francis Thorp Tho. Challoner Esq Col. John Moore John Aldred Esq Col. Francis Lassels Henry Smith Esq James Chaloner Esq Dennis Bond Esq Humph. Edwards Esq Gregory Clement Esq John Fray Esq Tho. Wogan Esq Sir Greg. Norton Serj. John Bradshaw Col. Edm. Harvey John Dove Esq Col. John Venn John Foulks Alder. Thomas Scot. Tho. Andrews Alder. William Cawley Esq Col. Anthony Stapley John Lisle Esq John Corbet Esq Thomas Blunt Esq Thomas Boone Esq Col. George Fleetwood Col. James Temple Sir Peter Temple Col. Thomas Wayte John Browne Esq William Say Esq Col. Matth. Thomlinson John Blackston Gilb. Millington Abraham Barrell Col. Jo. Downes Norton L. Gen. Tho. Hammond Nich. Love Vincent Potter Augustine Garland Sir Miles Lyvesey Jo. Dixwell Simon Mayne Daniel Blagrave Col. Robert Lylburne Col. Rich. Deane Col. Huson L. Col W. Goffe Master Carewe Jo. Joanes Mr. Bradshaw nominated President Counsellours assistant to this Court and to draw up the Charge against the KING are Doctor Dorislaus Master Aske Master Cooke Serjeant Dandy Serjeant at Armes Mr. Philips Clerke to the Court. Messengers and Dore-keepers are Master Walfard Mr. Radley Mr. Paine Mr. Powell Mr. Hull and M. King Crver 85. Observations upon the tryall of His Majesty This is a Relation of his Majesties Tryall by a mixed Court of Justice erected by 50. or 60. confederate Members of the House of Commons sitting under the power of the Army after all the rest of the Members above 250. had been violently secured secluded and frighted away And in order to this designe against the King the House of Peers â—â—â—d downe and yet the House of Commons when intire â—s 〈◊〉 Court of Judicature nor can give an Oath Had indifferent 〈◊〉 been permitted to take Notes you had had a more perfect narrative yet as it is truth shines forth to the confusion of this bloudy cheating Tyrannicall faction could they have wrought the King to have submitted to the Jurisdiction of this Arbitrary Court His example should have been urged as an irrefragable Precedent against the lives and liberties of the whole Kingdome and urged to be of as great Authority as if He had established that Court by Act of Parliament So that the King is to be looked on as a civil Martyr dying for the Liberty of the people And although they have failed of this device yet they will have some other Arbitrary bloudy Inquisition to cut off the lives without Law of such as they desire to remove without which this Tyrannous Kingdome of the Saints or Brambles cannot subsist And therefore on Thursday 2. February Cromwell and Ireton and their canniball Counsell of Officers projected to get an Act passed by their House of Commons where all their requests are commands to enable the said Councel to hang all such as they shall adjudge Disturbers of the Army 2. Part of Englands liberty in Chains sub fine And the Hunting of the Foxes c. although no Members of the Army they must 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 Prodomus that Type and figure of him John 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 divesting us of those Lawes which shall distinguish us from Slaves and denying us the use of our reason whereby we are differenced from Beasts and expecting an implicite faith and blind obedience from us to all the Votes of this half-quarter of an House of Commons so farre that they Vote obedience to the known Lawes in many cases to be Treason and what all our Lawes call Treason they Vote no Treason nay should they vote a Turd to be a Rose or Olivâ—rs Nose a Ruby they would expect we should sweare it and fight for it This legislative Den of Thieves erect new Courts of Justice neither founded upon Law nor Prescription Theaters of illegal tyranny and oppression to take away mens lives Arbitrarily for Actions which no Law makes criminous nay for such acts as the Lawes command where their proceedings are contrary to Magna Charta and all our known Lawes and usages not per probos legales homines no Juries no sworn Judges authentically chosen no Witnesses face to face no formal Indictment in which a man may find errour and plead to the jurisdiction of the Court or where the Court ought to be of Councel with the Prisoner but the same engaged and vowed Enemies are both Parties Prosecutors Witnesses Judges or Authorizers and Nominators of the Judges Actors of all parts upon that stage of blood The King pressed earnestly especially upon Monday 22. Jan. to have his Reasons against the Jurisdiction of the Court heard but was as often denied He intended then to give them in writing which was likewise rejected so they were 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. Faithfully transcribed out of the Original Copy under the Kings own hand 86. His Majesties Reasons against the Jurisdiction of the high Court of â—ustice published after His condemnation 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 ocasion more then to refer my self to what I have spoken were I alone in this case concerned But the duty I owe 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 dayly make new and abrogate the old fundamental Law of the Land which I now take to be the present case Wherefore when I came hither I expected that you would have endeavoured 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
and reason captive and is almighty against all but the Councell of the Army The 8. Febr. came forth A Declaration and Protestation of the Peeres Lords and Barons of this Realm 99. A Protestation of the Peers against the late treasonable proceedings and tyrannicall usurpations of some Members of the Commons House who endeavour to subvert the fundamentall Laws and Regall Government of this Kingdom and enslave the People to their boundless Tyranny in stead of Freedom The Protestation followeth VVE the Peers Lords and Barons of this Realm 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 Laws and Liberties of this Kingdom the Hereditary Freedom of all the Freemen of this Nation and our own 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 Kingdom unsufferably injured and deeply afflicted Do after a long patient expectation of their own ingenious Retractions of such injustifiable Exorbitancies which their own judgements and consciences cannot but condemn whereof we now utterly despair being thereto engaged in point of Honour Loyalty Conscience Oath and love to our Native Country as also by our Solemn League and Covenant publikely declare and protest to all the world That by the Laws and Customes of this Realm 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 Witnesses 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-beaded at their Barre but never yet to stand covered much less to sit vote or give Judgement 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 Jurisdiction to make or publish any form or binding Ordinance Vote Act or Acts of Parliament whatsoever nor ever once presumed to pass any Act or Acts to erect a new High Court of Justice to try condemn or execute the meanest Subject least of all their own Soveraign Lord and King or any Peer of the Kingdome who by the Common and Statute Laws of this Realm and Magna Charta ought to be tried only by their Peers and not otherwise or to dis-inherit the right Heir to the Crown or to alter the Fundamental Government Laws Great Seal or ancient forms of process and legal proceedings of this Realm or to make or declare High Treason to be no Treason or any Act to be Treason which in it self or by the Law of the Land is no Treason or to dispose of any Offices or Places of Judicature or impose any Penalties Oaths or Taxes on the Subjects of this Realm And therefore we do here in the presence of Almighty God Angels and Men from our hearts disclaim abhor and protest against all Acts Votes Orders or Ordinances of the said Members of the Commons House lately made and published for setting up any new Court of Justice to try condemn or execute the King or any Peers or Subject of this Realm which for any Person or Persons to sit in or act as a Judge or Commissioner to the condemning or taking away the life of the King or any Peer or other Subject We declare to be High Treason and wilful Murther to disinherit the Prince of Wales of the Crown of England or against proclaiming him King after his Royal Fathers late most impious traiterous and barbarous murther or to alter the Monarchical Government Laws Great Seal Judicatories and ancient forms of Writs and legal process and proceedings or to keep up or make good any Commissions Judges or Officers made void by the Kings bloody execution or to continue any old or raise any new Forces or Armies or to impose any new Taxes Payments Oaths or forfeitures on the Subjects or to take away any of their Lives Liberties or Estates against the Fundamental Laws of the Realm or to make any new Judges Justices or Officers or set aside the House of Peers far ancienter than the Commons House and particularly this insolent and frantick Vote of theirs Feb. 6. That the House of Peers in Parliament is useless and dangerous and ought to be abolished and that an Act be brought in for that purpose to be not onely void null and illegal in themselves by the Laws and Statutes of this Realm but likewise treasonable detestable tyrannical and destructive to the Priviledges Rights and being of Parliaments the just Prerogatives and Personal safety of the Kings of England the Fundamental Government and Laws of the Realme the Lives Liberties Properties and Estates of the People and the most transcendent tyranny and usurpation over the King Kingdome Parliament Peers Commons and Freemen of England ever practised or attempted in any Age tending onely to dishonour enslave and destroy this antient flourishing Kingdom and set up Anarchy and confusion in all places All which exorbitant and trayterous Usurpations We and all free-born Englishmen are by all obligations bound to oppose to the uttermost with our â—â—â—es and fortunes lest We shâ—uld be accessary to our own and our Posterities slavery and ruine for preventing whereof We have lately spent so much blood and treasure against the Malâ—gnant Party whose Treasons and Insolencies they far exceed * 100. The Kingly Office voted down after almoâ—t 1000 years it is now discovered by these new Lights to be inconvenient to be in one hand therefore it must be in the Councel of State forty Tyrants for one King that is the Army and their Party The 7. Febru the Commons debated about the Kingly Office and passed this Vote Resolved c. By the Commons of England assembled in Parliament that it hath been found by experience and this House doth declare That the Office of a King in this Nation and to have the power thereof in any single Person is unnecessary burdensome and dangerous to the liberty safety and publike Interest of the People of this Nation and therefore ought to be abolished and that an Act be brought in for that purpose 101. A Committee to bring in a list of Names for a Councel of State A Committee was named to bring in a list
onely in the Lords and Peers of the Realme being by Inheritance custome and Law in such case the Kings and Kingdoms great Councel to whose lawfull commands all other Subjects ought to yeeld ready Obedience 6. That every professed actuall endeavour by force or otherwise to alter the fundamentall Monarchicall Government Laws and legall Style and proceedings of this Realme and to introduce any new Government or Arbitrary proceedings contrary thereunto is no lesse then High Treason and so declared and resolved by the last Parliament in the cases of Strafford and Canterbury the losse of whose Heads yet fresh in memory should deterre all others from pursuing their pernitious courses and out-stripping them therein they being as great potent and as farre out of the reach of danger and justice in humane probability as any of our present Grandees 111. A New Stamp for Coyne That no Act of Rebellion and Treason might be unattempted by this Conventicle no part of the Regalities of the King or peoples Liberties unviolated they considered of a New Stamp to be given to all Coyne for the future of this Nation 112. Instructions for the Councel of State 13. Febr. They considered of Instructions and Power to be given by way of Commission to the said Committee or Councel of State 1. For the Government of the two Nations of England and Ireland appointing a Committee to bring in the Names of these Hogens Mogens and to perfect their Instructions for 1 Ordering the Militia 2 Governing the People they were wont to be Governed by knowne Lawes not by Arbitrary Instructions and by one King not by forty Tyrants most of them base Mechanicks whose education never taught them to aspire to more knowledge then the Office of a Constable 3 Setling of Trade most of them have driven a rich Trade in the work of Reformation for themselves 4 Execution of Lawes this was wont to be done by legall sworne Judges Juries and Officers 113. Powers given to the Councel of State 14. Eebr The Committee reported to the House the Names of the Committee of State or Lords States Generall Also the Power they were to have viz 1. Power to command and settle the Militia of England and Ireland 2. Power to set forth Ships and such a considerable Navy as they should think fit 3. Power to appoint Magazines and Stores for the Kingdoms of England and Ireland and dispose of them from time to time for the service of both Nations as they shall think fit 4. Power to fit and execute the severall powers given for the space of one whole yeare with many other powers not yet revealed and daily increased besides what improvements of Power they are able to make hereafter having the Militia of an Army that formidable Hob-goblin at their command They have two Seales appointed a Great Seale and a Signet Patents for Sheriffs and Commissions for Justices and Oaths for both were reformed according to the Godly cut When the Committtee of State was nominated in the House 114. An expurgatory Oath put upon the Councel of State scrupled by some of the Members and moderated by Cromwell â—n opposition of the Levelâ—ers divers Gentlemen of the best quality were named whom they could not omit because they had sat with them and concurred in all their great debates although they had more confidence in those petty Fellows who had or would sell their soules for gain to make themselves Gentlemen to debarre the said Gentlemen of quality therefore and make them forbear they invented an expurgatory Oath or Shibeleth to be taken by every Member before his initiation whereby they should declare That they approved of what the House of Commons and their High Court of Justice had done against the KING and of their abolishing of Kingly Government and of the House of Peers and that the Legislative and Supreme power was wholly in the House of Commons 22. Febr. Cromwell Chairman of that Committee of State reported to the Commons That according to the Order of that House 19. of the said Members had subscribed to that forme of the Oath as it was originally penned but 22. of them scrupled it whereof all the Lords were part not but that they confessed except one The Commons of England to be the Supreme power of the Nation or that they would not live and die with them in what they should do for the future but could not confirm what they had done in relation to the King and Lords so it was referred to a Committee to consider of an expedient Cromwell having made use of the Levellers 115. Cromwells usurped power When the House of Commons opposed Cromwels and Iretâ—ns designes they cried up the Libertie of the People and decried the Authority of Parliament until they had made use of the Levellers to purge the House of Commons and make it subservient to their ends and abolish the House of Lords and then they cried up the Supreme Auâ—horitie of their House of Commons and decried the Liberty of the people and the Levellers who upheld it So Charles the 5. first made use of the Popes Authority to subdue the Protestâ—nts of Germany and then used an Army of Protestants to subdue and imprison â—he Pope Assertors of publique Liberty to purge the House of Commons and abolish the Lords House doth now endeavour to cast down the Levellers once more finding himself raised to so great an height that he cannot endure to think of a levelling equality he overswayes the Councel of Warre over-awes the House of Commons and is Chairman and Ring-leader of the Councel of State so that he hath engrossed all the power of England into his own hands and is become the Triple-King or Lord Paramount over all the Tyrants of England in opposition therefore to the Levelling party and for the upholding his own more Lordly Interest he procured an expedient to Alter and Reforme the said Oath which at last passed in this forme following February the 22. 1648. 116. The forme of the said reformed Oath I A. B. being nominated a Member of the Councel of State by this present Parliament do testify that I do adhere to this present Parliament in the maintenance and defence of the publique liberty and freedome of this Nation as it is now Declared by this Parliament by whose Authority I am constituted a Member of the said Councel and in the maintenance and defence of their resolutions concerning the setling of the Government of this Nation for the future in way of a Republique without King or House of Peers and I do promise in the sight of God that through his Grace I will be faithfull in performance of the trust committed to me as aforesaid and therin faithfully pursue the Instructions given to the said Councel by this present Parliament Mere you see a curtain drawn between the eyes of the people and the clandestine machinations and actings of this Councell and not reveale or
Commons should never so little crosse the ambition of these Grandees they would shew no more modesty to them then they have done to the excluded Members See the Hunting of the Foxes c. p. 6 7 8. And so it concludes with a Protestation against their breaking the Faith of the Army with all Parties their dissolving the Councel of Agitators and usurping a power of giving forth the sense of the Army against the Parliament and People against their shooting to death the Souldier at Ware Returne to sect 2. 5. and their cruelties exercised upon other Persons to the debasing of their Spirits and therby new-moulding the Army to their Designes against their playing fast and loose with the King and His Party till they had brought a new and dangerous Warre 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 peices without charging the Members particularly and then judging and taking away mens lives in an extraordinary way as done for no other end but to make way for their owne absolute Domination They also protest against the Election and establishment of those High Courts of Justice as unjust in themselves and of dangerous precedent in time to come as likewise against the Councel of State and putting some of themselves therin contrary to their own Agreement They also protest against all other the like Meetings of those Officers that on Thursday 2. Feb. Voted for so bloody a Law as to hang whom they should judge disturbed the Army as having no power either by such Councels to give the sense of the Army or to judge any Person not of the Army or to do any thing in reference to the Common-wealth 126. The Hunting of the Foxes from Tryplo and New-market 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 which tells you That the Grandee-Officers of the Army to keep the Souldiers quiet did formalize about an Agreement of the People whilst they carried on their platforme of absolute tyranny long since hatched by Ireton by erecting a Councel of State no sooner was this monster born but it devoured half the Parliament of England and now it is adorned 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 Ofâ—â—cers That this Nation must have one prime Magistrate or Ruler over them and that 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 and fore-see a new Regality thus by their Machivilian pretences and wicked practices they are become Masters and Usurpers of the name of the Army and of the name of the Parliament under which Visors they have levelled and destroyed all the Authority of this Nation for the Parliament indeed and in truth is no Parliament but a Representative Glass of the Councell of Warre and the Councell of Warre but a Representative of Cromwell Ireton and Harrison and these are the All in All of the Nation which under the guises and names of Parliament Army Generall Councell High Court and Councell of State play all the strange pranks that are played And further p. 13. The conclave of Officers have sucked in the venome of all former corrupt Courts and Interests the High Commission Starre-Chamber the House of Lords the King and his privy Councell The House by Votes 5. Dec. 1648. voted the King's Concessions a ground c. And the Army secured a d expelled 250. Members for using liberty to vote according to their consciences and over-ruled those few left sitting to unvote in a thin House what was voted in full House this is more then to usurp a Negative Voice over them return to sect 18.23.28 are all alive in that Court called The Generall Councell of the Army 1. The King stood upon it That he was accountable to none but God that He was above the Parliament and People and to whom will these men be accountable to none on earth and are they not above the Parliament they have even a Negative Voice thereover formerly the Commons could pass nothing without the House of Lords and now they dare pass nothing without the concurrence of the conclave of Officers we were formerly ruled by King Lords and Commons now by a Generall Court Martiall and House of Commons what is the difference the Lords were not Members both of the House of Peers and of the House of Commons but the Officers our martiall Lords are Members both in the House or Councell of Officers and in the House of Commons we have not the change of a Kingdom to a Common-wealth we are onely under the old cheat A transmutation of Names but with the addition of new Tyrannies for casting out one unclean Spirit they have brougâ—â— with them in his stead seven other unclean Spirits more wicked than the former and they have entered in and dwell there and the last state of this Common-wealth is worse than the first Lastly they set down some illegall proceedings and Examinations before the Councell of Warre exceeding the High Commission and Star-Chamber 127. The Authors censure of the Levellers These three Books shew the late endeavours of the Agitators and that party which the Grandees politickly mis-call to cast an odium upon them Levellers they are the truest Assertors of humane Liberty and the most constant and faithfull to their Principles and party of any in the Army and though they have many redundancies and superfluous Opinions fit to be pruned off by conversing with discreet honest Men or rather by a discreet and just publique Authority which I am confident is feasible since their principles concenter in the publique not in their own private Interest and Opinions and are no other waies changeable than conduceth with the emergent occasions of the Common-wealth yet they are but like the water-boughs of a healthy fruit Tree rather troublesome than dangerous whereas the designs of their Antagonists like rocks under water or poyson in well-cooked meat destroy before they are discovered 128. The Authors censure of His Majesties Posthumus work I entituled The Pourtraicture of His Sacred Mâ—jesty in His Sâ—litudes and Sufferings About this time arose a Phoenix out of His Majesties Ashes that most excellent Issue of His Brayn entituled THE POURTRAICTURE OF HIS SACRED MAIESTY IN HIS SOLITUDES AND SUFFERINGS A Book full fraught with wisdom Divine and
it his interest to incroach upon the just freedom and liberty of the people and to promote the setting up of their own will and power above the Laws that so they might enslave these Kingdoms to their own Lust * * But in a Councel of State of forty Tyrants sitting under the protection and awe of Oliver Be it therefore Enacted and Ordained by this present Parliament and by Authority of the same That the Office of a King in this Nation shall not henceforth reside in or be exercised by any one single Person and that no one person whatsoever shall or may have or hold the Office Stile Dignity Power or Authority of King of the said Kingdoms and Dominions or any of them or of the Prince of Wales Any Law Statute Vsage or Custome to the contrary thereof in any wise notwithstanding And it is hereby Enacted That if any person or persons shall endeavour to attempt by force of Armes or otherwise or be aiding assisting câ—mforting or abetting unto any person or persons that shall by any wayes or means whatsoever endeavour or attempt the reviving or setting up again of any pretended Right of the said Charles eldest Son to the said late King James called Duke of York or of any other the Issue and Posterity of the said late King or of any person or persons claiming under him or them to the said Regal Office Stile Dignity or Authority or to be Prince of Wales or the promoting of any one person whatsoever to the Name Stile Dignity Power Prerogative or Authority of King of England and Ireland and Dominions aforesaid or any of them That then every such offence shall be deemed and adjudged High-Treason High Treason is what these Legislative Thieves list to make it an Arbitary crime notwithstanding the Stat. 25 Ed. 3. for limiting and ascertaining of Treasons for security of the people Tiberius and Nero's days are fallen upon us Of which Tacitus Ingens crimen divitiae complementum omnium accusationum laesa majestas and the Offenders therein their Counsellors Procurers Aiders and Abettors being convicted of the said offence or any of them shall be deemed and adjudged Traytors against the Parliament and People of England and shall suffer lose and forfeit and have such like and the same pains forfeitures judgements and execution as is used in case of High Treason And whereas by the abolition of the Kingly Office provided for in this Act a most happy way is made for this Nation if God see it good to return to its just and antient right of being Governed by its own Representatives or National meetings in Councel * * When was England governed by their own Representative or had any other regliment then Kings But what the Legislative Conventicle declares we must believe though contrary to our knowledge They will lead our Faith and Reason in a string or have our necks in a halter A period to this Parliament and leave the Supream power in the Councel of State a design long since attempted See First and Second Part of Englands New Chains and the Hunting of the Foxes No obedience is due by Law to them which takes no notice of this form of Government from time to time chosen and entrusted for that purpose by the People It is therefore Resolved and Declared by the Commons assembled in Parliament that they will put a period to the sitting of this present Parliament and dissolve the same so soon as may possibly stand with the safety of the people that hath betrusted them and with what is absolutely necessary for the preserving and upholding the Government now setled in the way of a Common-wealth and that they will carefully provide for the certain chusing meeting and sitting of the next and future Representatives with such other circumstances of freedom in choice and equality in distribution of Members to be elected thereunto as shall most conduce to the lasting freedom and good of this Common-wealth And it is hereby further Enacted and Declared notwithstanding any thing contained in this Act no person or persons of what condition and quality soever within the Common-wealth of England and Ireland Dominion of Wales the Islands of Guernsey and Jersey and Town of Berwick upon Tweed shall be discharged from the obedience and subjection which he and they owe to the Government of this Nation as it is now Declared but all and every of them shall in all things render and perform the same as of right is due unto the Supreme Authority hereby declared to reside in this and the successive Representatives of the People of this Nation and in them onely 132. An Act for abolishing the House of Peers More New lights new discoveries made by forty or fifty Ignis satui gross fiery Meteors remaining in the House of Commons About the same time they passed another Act for Abolishing the House of Peers to this purpose THe Commons of England assembled in Parliam nt finding by too long experience that the House of Lords is useless and dangerous to the People of England to be continued have thought fit to Ordain and Enact and be it Ordained and Enacted by this present Parliament and by the Authority of the same That from henceforth the House of Lords in Parliament shall be and is hereby wholly abolished and taken away and that the Lords shall not from henceforth meet or sit in the said House called the Lords House or iâ— any other House or place whatsoever as a House of Lords nor shall sit vote advise adjudge or determine of any matter or thing whatsoever as a House of Lords in Parliament Nevertheless it is hereby Declared That neither such Lords as have demeaned themselves with honour courage Fidelity to the Common wealth nor their Posterities who shall so continue shall be excluded from the publike Councels of the Nation but shall be admitted thereunto and have their free Vote in Parliament if they shall be thereunto elected as other persons of Interest elected and qualified thereunto ought to have And be it further Ordained and Enacted by the Authority aforesaid that no Peer of this Land not being elected qualified and sitting in Parliament as aforesaid shall claim have or make use of any Priviledge of Parliament either in relation to his person quality or estate any Laws Vsage or Custome to the contrary notwithstanding And to lessen the amazement of the People the same day they passed and ordered to be printed * 133. A Declaration of the Commons to shew the Reasons of their said proceedings The State is Free but the people Slaves as a Galley is free but the Rowers Slaves 1 part 72 73. See these Books A full Answer to an Infamous Pamphlet Intituled A Declaration of the Commons of England The Charge against the King discharged The Royal and Royalists Plea King Charles vindicated c. And his Majesties last Book or Pourtraicture and His Maj. Gracious Messages for
afteroon they having already in their wills and power to dispose of the Kings Queens Princes Dukes and the rest of the Childrens Revenue Deanes and Chapters Land Bishops Lands Sequestred Delinquents Lands Sequestred Papists Lands Compositions of all sorts amounting to Millions of money besides Excise and Customes yet this is not enough although if rightly husbanded it would constantly pay above one hundred thousand men and furnish an answerable Navy thereunto But the people must now after their Tradeâ— are lost and their Estates spent to procure their Liberties and Freedoms be Assessed about 100000 l. a Moneth Master Boon a Member of the House lately a Tapster hath 6000 l. given him Sir Arth Hazelrig 3 great Manours Bishops-Aukland Evâ—r-wood and another Col. Bâ—rkstead the pitiful Thimble and Bodkin Gold-smith bought as much Bishops Lands as cost 10000 l. at two or three years purchase and hath already raised his money that so they may be able like so many Cheaters and State-thieves to give six eight ten twelve fourteen sixteen thousand pounds a piece over again to one another as they have done already to divers of themselves to buy the Common-wealths Lands one of another contrary to the duty of Trustees who by Law nor equity can neither give nor sell to one another at two or three years Purchase the true and valuable rate considered as they have already done and to give 4 or 5000 l. per annum over again to King Cromwell as they have done already out of the Earl of Worcesters Estate c. besides about 4 or 5 l. a day he hath by his Places of Lieu. Generall and Colonel of Horse in the Army although he were at the beginning of this Parliament but a poor Man yea little better than a Beggar to what he is now as well as others of his Neighbours 147. A Petition in behalf of Io Lylburn and his company 2. Aprill 1649. A Petition subscribed by divers Persons in behalf of John Lilburn and his company was presented to the Commons wherein amongst other things are contained these three just demands 1. That no man be censured condemned or molested but for the breach of some Law first made and published to the People whereby is avoided that uncertainty and howerly hazard that otherwise every man is subject to both in respect of his Estate Liberty and Life 2. That every crime have not onely its penaltie annexed hut together therewith the manner and method of proceedings ascertained 3. That the execution of Laws be referred to ordinary Magistrates and Officers by Law deputed thereto and that the Military power be not used but where the Civil is so resisted as that of its own strength it is deficient to enforce obedience 148. Itinerant Ministers an invention to undermine our Orthodox setled Ministers and infect the people with Schismes and Anarchicall principles sutable to the many-headed tyranny of the Grandees Aprill 12. 1649. It was referred to a Committee to consider of a way how to raise Pensions and Allowances out of Deans and Chapters Lands to maintain supernumeracy Itinerant Ministers who should be Authorized to go up and down compassing the earth and adulterate other Mens Pulpits and Congregations and put affronts and raise factions and scandals upon such orthodox and conscientious Ministers in order to their Sequestration as cannot frame their Doctrine to the damnable practises and Anarchicall principles of the times These wandering Apostles are to preach Antimonarchicall seditious doctrine to the people sutable to that they call the present Government to raise the rascall multitude and schismaticall rabble against all men of best quality in the Kingdom to draw them into Associations and Combinations with one another in every County and with the Army against all Lords Gentry Ministers Lawyers rich and peaceable men and all that are Lovers of the old Laws and Government for the better rooting of them out that themselves alone may inhabite the earth and establish their new tyranny or Kingdom of the Saints upon the ruines of our ancient Monarchy These men like Balaam shall bless and curse for hire and vent State-news State-doctrine and poison the people with such changeable and various principles as from time to time shall be dictated to them by those Pseudo-polititians as now sit at the Helm they shall cousen the people with pretended Illuminations Revelations and Inspirations and pour out all the Vials of Gods wrath amongst them Cromwel and Ireton and their Faction 149. A fraudulent Reconciliation and uniting of Interests attempted with a mock-fast for that purpose having formerly deluded all the Interests and Parties of this Kingdom were arrived to that height of impudence as to endeavour to cheat them all over again they had by murthering the King abolishing the House of Lords putting an execrable force upon the far major part of the House of Commons making themselves and their Party a tyrannical Councel of State to usurp the Supreme power and Government endeavouring a Toleration of all Religions attempting to take away Tithes See a Paper called Arguments against all Accommodation between the City of London and the engaged Grandees of the Parl. and Army And A seasonable Caution to the City of London printed at the latter end of Relation and Observations Hist and Pol. c. mocking and then tyrannizing over that part of the Army they please to miscall Levellers distracted and discontented all Parties within the Kingdom and stirred up all the Princes of Christendom to defend the common Interest of Kings now controverted in England This cloud threatned to pour down a new War upon them to provide a remedy therefore for this sore Cromwel moved in the House of Commons That the Presbyterian Government might be setled promising his endeavors thereto but whether he meant a Classical or Congregational Presbytery which differs little or nothing from Independency he did not declareâ— and here lyeth the fallacy he likewise moved That the secured and secluded Members might again be invited into the House they sent their Agents both Lay-men and Ministers amongst whom Mr. Marshal Nye Carrell Goodwin and Hugh Peters were chief to cajole and decoy the Ministers Citizens and the expulsed Members with discourses and propositions they told them The Presbyterians had differed from the King in point of civil Interest which was more irreconcileable than that Interest of Church-Government whatsoever shew was made to the contrary They will not endure to hear of the KING' 's exemplary patience and Christian charity to all nor of His precepts and strict injunctions to His Son of clemency and abstinency from revenge contained in His last Book The Pourtraicture of His Majestie These things will both apologize for our young King and condemn our bloody vindicative Saints That the Presbyterians as well as the Independents made War against the late King brought Him low and prepared Him to receive his late deadly Blow from the Independents and therefore the King would look upon
him and then the Mayor conducted them all to Christ-Church where the Commons Councel of State General and his Officers together with the Mayor Aldermen and Common Councel c. mocked God with their Devotions where Mr. Tho. Goodwin and Mr. Owen preached out of the Politicks to them from thence they were conducted to a great Dinner at Grocers-hall and entertained in the quality of a Free State no man bring admitted without delivering his Ticket They were all strongly guarded with Souldiers and every Cook had an Oath given to be true to them which shâ—wed they had more of fear and guilt thah of confidence and innocency within them Great Presents of Plate given to his Excellency Fairfax and to his Super-excellency Cromw l and to others fit to be chronicled in Stowâ— and Hollingsheads Volumes 177. A necessary advertisement to all honest Presbyterians See K. Charles the first his book The Portraicture of his Majesty in his solitudes sufferings Some over-hastily expect the King should satisfie the Presbyterians by his Declaration but the height of the Independents malice their guilty fears are such as may endanger the d awing on a Massacâ—e upon them by such a course amongst other solemn Fooleries let it not be omitted that Hugh Peter and many other Saints were too full of the Creature anglice Drunk I am to give a necessary advertisement to all men that though the young King shews much respect and a desire of reconcilement according to his dead Fathers never-dying precepts to all moderate men and Presbyterians that make Addresses to Him yet it is complained of by some who look not into the undermining practises of our new Statists that some few of His Counsellors and Followers are as violent against the more moderate and honest Presbyterians as against the Independents who murdered his Father but these zealous Royalist are either some passionate light-brain'd men of little discretion and less power with him or else some false-hearted Penâ—ioners to our new State and such as have under-hand an Indemnity for their own Estates in England who stand like Scar-crows about His Majesty to fright away such as return to their Loyalty and tender their due Allegiance to Him thereby to weaken the hands of his Majesty and cut off the hopes of this Nation from depending upon him who as our undoubted Sovereign both by the Laws of God and the Land and Gods Vice-gerenâ— in His three Kingdomes onely can and will if we forsake not him and our selves free and protect us from the many-headed miserable arbitrary tyranny we now starve and bleed under and restore unto us again our Religion Laws and Liberties our Wives Children and Estates Trading Husbandry peace and plenâ—y now held in more than Aegyptian bondage by our cruel bloody and thievish Task-masters See a Book entituted His Majesties gracious Messages for peace Mr. Pryns Speech 5. Dec. 1648. in the House And the secured Members Reply to the Councel of War Remember his deceased Majesties gracious Messages frequently sent for peace and reconcilement Remember His Concessions to His Parliament upon the last Treaty more than ever any King granted to His People Remember His pious meek and Christian Martyrdome suffered for His People which bitter Cup had passed from Him if He would have built up and established this Babel of Tyranny now insulting over us and have turned our wel-mixed Monarchy into an Olygarchical legal Tyranny by adding His Royal Assent to their wicked Demands tendered to Him but two dayes before His Translation from this valley of teares Remember His Posthumus Book to His Son full of Precâ—pts savouring meerly of piety Christian wisdom charitie and forgiveness to His very Enemies and then judge whether our late King or our usurping Kinglings now scratching and tearing us making one War beget another 1 King 3. perpetuating an Army and domineering over us by the power of the Sword were the natural Parent whose bowels yearned upon this now Orphan Child the English Nation dying and expiring under this new Corporation of Tyrants Oath of Allegiance and Stat. of Recognition 1 Jacobi the putative Patent which overlayed it He that acknowledged Allegiance to the Father cannot deny it to his Son as having sworn to hear faith and true Allegiance to the King his Father and to his lawful Heirs and Successors which our usurping Hogens Mogens cannot pretend to be so that as well for duty and conscience to God and their own Souls as for a necessary and just protection of their lives and estates all honest and wise men ought to cast themselves into the Arms of his Dâ—ead Majesty our present KING as the only sanctuary of their salvation and not suffer themselves to be so far mis-led by vain reports as to be more afraid of their cure than of their disease Stultorum incurata pudor malas ulcera celat Sâ—lomon hath shewed you out of the Cabinet of Nature the difference between a Natural-mother and a Step-mother Dictum de Kennelworth and that you may see the difference between a natural King correcting his own people with fatherly compassion for examples sake and a Usurper wounding killing and robbing those which are none of his own his fellow-servants for his lust and lucre sake I will set down a short Abridgement of our own famous Dictum de Kennelworth and first the occasion thereof which was thus Simon de Montford Earl of Leicester conspiring with many other great men rebelled against Henry 3. pretending after the manner of all Rebels Reformation of publick Grievances He overthrew the King in battel took Him and his Son Prince Edward Prisoners the Prince after a while escaped out of Prison raised an Army overthrew and slew in the Battel of Evesham Simon Montford subdued the whole Party rescued and re-inthroned his Father Cummissions were sent forth to prevent future troubles and settle mem minds grown desperate with fear what horrid punishents so horrible a Rebellion would bring upon them The result of all is contained in the said Dictum de Kennelworth as I find it in Magna Charta veteri fol. 60. part 2. observe the moderation pf it No man bled to death for it but in the field the blood of war was not shed in time of peace the King did not slay those whom he had taken with his Sword and with his Bow but reasonably fined them not unto destruction though the known Laws called them Traitors See the late History of the Marquess of Montross what gentle use he made of his Victory after he had subdued the strength of Scotland at Battel of Kylsythe and put them into his power for life lands and goods they were but once punished not always tormented and kept upon the rack after the late custom of our fellow-Servants and Subjects who will never suffer the partition-wall between us to be thrown down England once more to become one Nation and one people and our broken bones to
to persecute and execute such Members of the Army as retain any sense or memory of their old Engagements and Principles * 182. The pretended Parliaments Councel of State and Officers confederated with Oneale See An After-game at Irish c. 1649. and the Propositions pâ—inted at Cork and reprinted at London From June 6. 1649. June 8. 1649. I formerly told you of an underhand combination between the domineering Independent party here and Owen Roe Oneale which is now openly declared and avowed by their own licenced News-books Owen Roe and Colonel Monk are joyned saith the Mâ—dest Narrative our Party have permitted 300. of Oneals own Regiment to Quarter in our parts amongst the Creats within two miles of Dundalke saith the Scout Owen Roe and Berne are come towards Col. Jones and Col. M nks Quarters he is so fair as to pay Contribution his Quarters are to the Scots side of Dublin to prevent their giving aid to Ormond in his attempt upon Dublin Moderate Intelligencer from June 7. to 14. 1649. num 221. who can blame necessity nor doe our Grandees now deny this Confederacy with the bloody Popish massacring Rebels although they had the impudence to make the only supposition thereof one of the principal Charges against the late King and to raise a great out-cry against the Marquess of Ormond and Lord Inchiquine for their conjunction with Pr ston yet they joyned but to prevent the Cromwelists who offered to associate with him upon conditions much more prejudicial to the Protestant Religion and English Interests than Ormond hath given them They have offered this Oneale all the Lands in Vlster forfeited by his Grandfather Tyrone Shane Oneale and others attainted thereby destroying the British Planters there and this is the reason they imploy so few old Irish Commanders into those parts lest the Oneals should doubt they came to recover their own lands again But our Atheistical Saints account themselves loose when other men are bound nothing but a halter can hold them all obligations to men all duties and vowes to God See the Councel of Wars Answer concerning the secured and secluded Members from 6. June to 13. num 3. they break upon pretended necessity and honest intentions Their Metropolitan Nuntio Judas Haclet tells you Their Party will not joyn with the bloody Irish until they are brought to such a pinch as to say Flectere sinequeo superos Acheronta movebo If God will not be the Author and Patron of their Designs the Devil shall you see these Independents hang between God and the Devil Michael and the Dragon not resolved which part to take Be it known unto all men by these presents 183. Parker the Observator that Harry Parker the Observator is returned from Hamborough and highly preferred to be Brewers Clerk alias Secretary to Cromwâ—l to whose Designs he hath prostituted his pen. There is lately come forth a Book of John Meltons a Libertine that thinketh his Wife a Manacle 184. Meltons Book the Tenure of Kings and Magistrates c. and his very Garters to be Shackles and Fetters to him one that after the Independent fashion will be tied to no obligation to God or man wherein he undertaketh to prove That it is lawful for any that have power to call to account Depose and put to Death wicked Kings and Tyrants after due câ—nviction if the ordinary Magistrate neglect it I hope then it is lawful to put to death wicked Cromwels Councels of State corrupt Factions in Parliament for I know no prerogative that usurpation can bestow upon them He likewise asserteth That those who of late so much blame Deposing are the men that did it themselves meaning the Presbyterians I shall invite some man of more leisure and abilities than my self to Answer these two Paradoxes But shall first give him these cautions 1. That for the Polemick part he turn all his Arguments into Syllogismes and then he will find them to be all Fallacieâ— the froth of wit and fancy not the Dâ—ctates of true and solid Reason 2. That for the Historical or narrative part he would throughly examine them and he will find few of them consonant to the plumb-line of truth 3. That he would consider that from the beginning of this Parliament there were three Parties or Factions in it 1. The Royalists 2. The Presbyterians 3. The Independents For though they were not then notorious by their name yet the Persons confederated were then extant and active being a complication of all Antimonarchical Anarchical heresies and sâ—hismes Anabaptists See the Mystery of the two Junto's Presbyterian and Independent Brownists Barrowists Adamites Familists Libertines of all sorts the true Heires and Successors of John of Leyden and Knipperdolling in all their principles aad practices united under the general Title of Independent and these were originally the men that by their close insinuations solicitations and actings began and carried on the War against the KING with an intent from the beginning to pull down Monarchy and set up Anarchy notwithstanding the many Declarations Remonstrances abortive Treaties Protestations and Covenants to the contrary which were Obligations from time to time extorted from them by the Presbyterians although not strong enough to hold such subtile Sampsons whose strengths to break such Withes lay not in their Bushes of Hair but in the Ambushes of their Hearts wherein there always lay hid some evasion equivocation or mental reservation which like a back-door gave them leave to make an escape In the beginning almost of this Parl. the Independents that is the Schismaticks in the Parliament insisted openly upon it to have the Papists in Ireland rooted out and their Lands sold to Adventurers and passing an Act to that purpose necessitated the Irish Papists to massacre the English Protestants which was purposely done by the Independents that both Papists and Protestants might destroy one another there that they might the better subvert Protestancy in England which is now in hand And though it be true that the first General the Earle of Essex was a Presbyterian yet he was acted by Independents as the L. Saâ— and others of the like stamp and had a clause in his Commission to forbear the King's Person which clause upon the Independents new Modelling the Army under Fairfax was omitted at their especial instance Monday 18. June 185. L.C. Lilburns Book The Legal fundamental Liberties of the People c. 1649. came forth that most useful Book of John Lilburns called The Legal fundamental Liberties of the People of England Revived c. wherein he excellently well sets forth the new usurped tyranny of that Hydra of Nimrods now subverting our Laws Liberties and Property consuming us with illegal Taxes Excise Free-quarter Monopolies and sharing Land Money Goods and Offices amongst themselves perpetuating an Army to enslave us and overthrow the fundamental Government of this Nation in order to which they have complied with and cheated all Interests broken all
annum out of Newcastle Coles for which he was many Months kept out of the House and at last admitted onely to comply with the Faction and his said Monopoly continued Sir Henry Haymonde and two Sons of the Earl of Pembroke were received This was thought very unreasonable that so many Gentlemen either kept out or driven away by force should by a far less number sitting and acting under the same force be sent to attend a Committee to stand with their Hatts off to Holland Scott c. and be examined and expelled for giving their Votes Yea or No in the House according to their Consciences This was to subvert the Liberty of all Parliaments for the future and to make this House which calls it self a Parliament a meer packed Junto to carry on forelaid Designs Besides to expect they should approve all that the sitting Party in the House had done in the absence of these non-sitting Members who neither heard the Debate nor reasons whereupon they grounded their Votes against the King and House of Peers nor for the abolishing Monarchy and turning it into a Free-state erecting a Councel of State for that purpose voting the Supreme Authority to be in themselves and many other matters of the like high nature which have no place in the Laws of England was such an imposition as neither agreed with the known Parliament Priviledges Liberty of Conscience so loudly professed by these sanctified Members which sit nor with humane reason and sense And at last to sit under those Armed Guards that put a force upon them the 6. Decemb. before promised as little of safety unless they would renounce their own Consciences and Act the wills of their Janisaries and their Party and would render them contemptible to all the world especially to those men who put this insolency upon them I formerly told you how unwilling the Members were to adjourn and resign their more than Kingly Power to the Councel of State 168. Articles of Impeachment against the Speaker wherefore Cromwel finding he could not obtain that of them by a Vote projected another way to work his Design not the old way of a violent purge by securing and secluding the Members with his Myrmidons that is already infamous Note that Oliver before he left the Town erected a Committee of Officers of the Army to prosecute and bring to punishment grand Delinquents This is a new kinde of Star-Chamber oâ— military Nobles held like a Rod over the Mock-Parliament Councel of State and the General in case they shall oppose Olivers Designs and would savour too grosly of the Power of the Sword and would shew Oliver to be rather a Quack-salving Doctor of Physick than a Doctor of the Civil Law He caused the Officers therefore to frame certain Articles of Impeachment against Mr. Lenthal their Spearker as followeth 1. FOr releasing out of New-gate three of the Queens Priests and Jesuits by his Warrant 2. For maintaining and protecting several Spies and Agents for the late King within the Line of Communication during the late War 3. For conveying divers remarkable prisoners of War out of the Line of Communication unto the late King 4. For assisting and protecting several Plotters on the behalf of the late King to destroy the City of London 5. For suffering above 30000 l. to be conveyed to the late King out of the Line of Communication wittingly and willingly 6. For sending Horses of War with Men and Arms to the late King 7. For holding an intercourse of Letters with the late King 8. For maintaining and keeping an Agent in the Garrison of Oxford for expediting the foregoing Treacheries 9. For corrupting many Members of the Parliament some lately excluded and some now sitting in the House to conceal and smother the foreging Treacheries 10. For endeavouring to take away the Lives of several the Prosecutors and Witnesses unto the foregoing Treacheries You see there is not one word in them of Cousening the Commonwealth which is now become the Private wealth of every particular Saint because this would have broken universally the whole communion of Saints and would have set them all together by the ears to defend themselves by recriminating one another The device was by taking off the Speaker to Dissolve them since they cannot by the Priviledges of the House chuse themselves a new Speaker without the consent of a power higher than their own to wit the Kings and though they will be so much Masters of their own Priviledges as to coyn new every day upon emergent occasions yet those irregularities are alwayes done under the power and protection of the Sword which they could not expect against their own Visier Basha Oliver This trick being smelt out was so highly resented that it perished in the birth only I hear the Speaker bled in private 15000 l. towards Olivers expedition 199. 50000 l Adâ—nce mony â—r Cromwels â—xpedition All the sinks of tyranny and oppression about the Town the Committee of the Revenue Goldsmiths hall Haberdashers hall the Excise Office c. are all emptied into that Common-Sewer Olivers expedition into Ireland or rather Scotland or engaged as a security to furnish him with 150000. part whereof onely he is accountable for the residue is left to his discretion and conscience to buy Towns and Victories with and to be offered upon an Altar to be erected Deo ignoto At Olivers request the House admitted Sir Edward Ford to compound upon the Articles of Oxon notwithstanding his lapse of time Forde married Ireton's Sister and the Lord Culpepper's Son married Forde's Daughter Observe how the General is lessened to advance Cromwel 1. The Command oâ—â—e Irish Forces taken from him and Cromwel sent with a Higher power than ever any went with into that Nation 2. All Souldiers that will are enabled to leave their Regiments and List under Cromwel so that the discontented and Levelling Party onely are left under the command of Fairfax Col. Martin's Accounts brought into the House 3. July 200. More Gifts to the Godly 1649. his Arrears came to 25000 l. and 1000 l. per ann Land ordered to be setled upon him and his Heirs The Lord Gray of Grooby's Arrears for the last Summer only against Duke Hamilton 1500 l. These things considered I cannot wonder at the Petition presented to the General by Captain Jubbs in the name of Col. Husâ—n's Regiment about July 6. wherein amongst other things they complain The Moderate from July 3. to July 10. 1649. That the House doe weekly bestow 1000 l. per an upon themselves out of the publique Treasury of the Nation when as the Souldiers wants are great and all the people are in great necessity As if the dividing of the Army 201. Endeavors to lessen the General and putting the most confiding men under Cromwel the taking the whole command of Ireland from the General and conferring it upon Cromwel the drawing dry all Treasuries of Money to furnish Cromwel
Brook Comission 19. 21. It appears by the Writs of Summons to the Lords Crompt Jurisdiction of Courts fol. 1. Cooks 4. Instit p. 9. 10. and of Elections Quere How a Parliament Summoned by the Writ of K. Charles I. and called Parliamentum Nostrum ad tractandum nobiscum super arduis negotiis regni nostri can be continued one and the same Parl. after the Kings death that called it and the Monarchy changed into a Commonwealth formally it cannot be the same the Head thereof being gone The Lords House and Monarchy being abolished and the State not the same materially it cannot be the same so many of the ancient Members being thrown out and new ones unduly elected brought in But there are some pragmatical Taylors in the House who can make a garment fit for all states of the Moon and a Parl. fit for all changes of the State and leavying their Wages That the Parliament was only Parliamentum nostrum the Parliament of the Kings that is Dead not of his Heirs and Successors They are all Summoned to come to his Parliament to advise with him nobiscum not with his Heirs and Successors of great and weighty Affairs concerning Nos Regnum nostrum Him and his Kingdome 5 Edw. 3. 6. part 2. Dors Claus Regist fol. 192 200. So the King being dead and his Writ and Authority by which they were Summoned and the end for which they were Called Ad Tractandum ibidem nobiscum super arduis negotiis nos statum Regni nostri tangentibus being thereby absolutely determined without any hope of revival The Parliament is determined thereby especially as those who have Dis-inherited his Heirs and Successors and Voted down Monarchy it self and the Remnant now sitting are no longer Members of Parliament as all Judges Justices of the Peace Sheriffs made onely by the Kings Writ or Commission and not by Patent Cease and become void by the Kings death for this very reason because they are constituted Justitiarios Vicecomites nostros ad pacem nostram c. custodiendum The King being dead his Writs and Commissions expire with Him 4 Ed. 4. 43. 44. Brook Office and Officer 25. Commission 19. 21. Dyer 195. Cook 7. Rep. 30 31. 1 Ed. 6. c. 7. Daltons Justice of Peace chap. 3. pag. 13. Lambert pag. 71. Object If any object the Act of continuance of the Parliament 17 Car. That this present Parliament shall not be dissolved unless it be by Act of Parliament for that purpose Answ It is Answered That it is a Maxim in Law That every Statute ought to be expounded according to the intent of those that made it and the mischiefes it intended onely to prevent 4 Edw. 4. 12. 12 Edw. 4. 18. 1 Hen. 7. 12 13. Plowdens Comment fol. 369. Cooks 4. Institutes pag. 329 330. Now the intent of the Makers of this Act was not to prevent the Parliaments dissolution by the Kings Death no wayes intimated in any clause thereof although it be a clear dissolution of it to all intents not provided for by this Act but by any Writ or Proclamation of the Kings by his Regal Power without the consent of both Houses which I shall prove by the Arguments following 1. From the principal occasion of making the said Act. The Commons in their Remonstrance 15. Decemb. 1642. complain That the King had dissolved all former Parliaments against approbation of both Houses of Parliament Wherefore to prevent the Dissolution Prorogation or Adjournment of this present Parl. by the Kings Regal Power after the Scots Army should be disbanded and before the things mentioned in the Preamble could be effected was the ground and occasion of this Law and not any fear of Dissolving the Parliament by the Kings death Natural or Violent which is confessed by the Commons in the said Remonstrance Exact Collect. pag. 5 6. 14 17. compared together where they Affirm The abrupt dissolution of this Parliament is prevented by another Bill c. In the Bill for continuance of this Parliament there seemes to be some restraint of the Royal power in Dissolving of Parliaments not to take it out of the Crown but to suspend the execution of it for this time and occasion onely which was so necessary for the Kings own Security and the Publick Peace that without it we could not have undertaken any of those great Charges but must have left both Armies to disorder and confusion c. 2. The very Title of this Act an Act to prevent inconveniences which may happen by the untimely Adjourning Proroguing or Dissolution of this present Parliament intimates as much compared with the body of it which provides as well against the Adjourning or Proroguing without an Act as against a Dissolution Now the Parliament cannot be said to be Adjourned or Prorogued untimely by the Kings Death which never Adjourned or Prorogued any Parliament but onely by his Proclamation Writ or Royal Command to the Houses or their Speaker executed during his life-time See Parl. Rolls 6 Edw. 3. 2. Rot. Parl. 3. 6. 5 Ric. 2. n. 64 65. 11 Ric. 2. nu 14 16 20. 8 Hen. 4. nu 2 7. 27 Hen. 6. nu 12. 28 Hen. 6. nu 8 9 11. 29 Hen. 6. nu 10 11. 31 Hen. 6. nu 22 30 49. and Cooks 4. Instit p. 25. Dyer fol. 203. 3. The Prologue of the Act implies as much whereas great summs of Money must of necessity be speedily advanced for relief of His Majesties Army not his Heir or Successor and for supplying other His Majesties not his Heires nor Successors occasions which cannot be so timely effected as is requisite without credit for raising the said Monies which credit cannot be attained until such Obstacles be first removed as are occasioned by Fears and Jealousies That this Parliament may be Adjourned Prorogued or Dissolved before Justice shall be duly executed upon Delinquents then in being as Strafford Canterbury not since made Publique Grievances then complained of as Star-chamber High Commission Ship-money Knighthood-money Tonnage and Poundage c. redressed Peace concluded between the two Nations sufficient provisions made for repayment of the said monies not others since so to be raised All which expressions related onely to His late Majesty as to His Acts of Royal Power not to His Heires and Successors after His Natural much less Violent death which was not then thought on but publickly Detested and Protested against no Man being so hardy as to mention it for fear of the Law not then subdued by the Sword And the several Principal Scopes of this Act are fully satisfied long before the late Kings death 4. It is clear by the Body of this Act And be it declared c. That this present Parliament c. shall not be dissolved unless it be by Act of Parliament to be passed for that purpose nor shall at any time or times during this present Parliament be Adjourned or Prorogued unless it be by Act of Parliament to be passed for
that purpose and that the House of Peers shall not at any time or times during this present Parliament be Adjourned unless it be by themselves or by their own Order And in like manner That the House of Commons shall not at any time or times be Adjourned c. as aforesaid From whence it is undeniable 1. That this Act was onely to prevent untimely Dissolving Proroguing and Adjourning of that present Parliament then assembled and no other by Acts of Royal Power 2. That the King was the Principal Estate and Member yea our Soveraign Lord the sole Declarer and Enacter of this Law by Assent of the Lords and Commons 3. That neither this Act nor any other for Dissolving Proroguing or Adjourning this Parl. could be made without the Kings Royal Assent which the Lords and Commons in their Remonstrance 26. May 1642. often acknowledge together with His Negative Voice to Bills exact Collect. p. 69 70. 736. 709. 722. 4. That it was not the Kings intent in passing this Act to shut Himself out of Parliament or create Members of Parliament without a King as He professeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 â— 5. Nor the Lords and Commons intent to Dis-member Him from His Parliament and make themselves a Parliament without Him as their said Remonstrance testifies and the words of the Act import much less was it their intent to pack a Parliament of 40 or 50 Commons onely selected by Colonel Pride to Vote according to the Dictates of a Councel of War after they had destroyed the King and House of Peers Against which transcendent usurpation this very Act provides That the House of Peers shall not be so much as Adjourned or Prorogued but by themselves or their own Order 5. Neither did King Lords and Commons in passing this Act intend That by Murdering the King Abolishing the House of Lords and expelling by power of the Sword eight parts of ten of the Commons the remaining Faction should con titute themselves their Heires and Successours a perpetual Parliament It is against the nature and essence of a Parl. to be Perpetual and against the Liberty of the People which would Crosse and Repeal the Act for a Triennial Parliament made on the same day in Law Brook Parliament 80. Relation 85. Dyer 85. 6. The last Clause of this Act concludes as much And that all and every thing or things whatsoever done or to be done to wit by the King or his Authority for the Adjournment Proroguing or Dissolving of this Parliament contrary to this present Act shall be utterly void and of none effect Now Death of the King and Dissolution of this Parliament thereby cannot properly be stiled a thing done or to be done by the King if by those words things done or to be done for the dissolving c. they shall say they related to the Kings Natural Death Natural Death is the Act of God which these Saints cannot make void if they related to His violent Death it could not then be said a thing done or to be done for the unlawfulness and injustice of it This Act passed long before any War or Bloodshed The onely pretence they have since found out for the Kings Murder 2. If this Parliament were not Dissolved by the Kings Death Yet the House of Peeres formerly Voted down by the Commons gave no consent to the passing this Act Entituled An Act of the House of Commons who without the concurring Assent of the Lords and the Kings Royal Assent have no power to passe any Act Make or Declare any Law or impose any Tax as appeares by the fore-recited Acts The Petition of Right The Act for the Triennial Parliament and this very Act against Dissolving Proroguing c. with all our Printed Statutes Parliament Rolls and Law-Books The Commons being so far from claiming the sole Legislative power heretofore as that they were not Summoned to our Ancient Parliaments which consisted onely of King Lords Temporal and Spiritual until 47 Hen. 3. nor had they so much as a House of Commons or Speaker until the Reign of Edw. 3. nor never tendred any Acts or Bills to the King but Petitions onely of Grievances until long after Rich. 2. time See the Printed Prologues to the Stat. 1 4 5 9 10 20 23 36 37. 50 Edw. 3. 1 Ric. 2. 1 2 4 5 7 9 11. 13 Hâ—n 4. 1 2 3 4 8. 9 Hen. 5. 1 2 3 4 6 8 9 10 11 14 15 28 29. 39 Hen. 6. 1 4 7 8 12 17. 22 Edw. 4. 1 Rich. 3. 3. But suppose the Commons alone had p wer to impose Taxes yet it must be in a full and free House whereas when this Act for 90000 l. a Moneth passed the House was neither Full nor Free The Major part of the House who by Law are the House to wit 8. parts of 10. at tht least being Secured or Secluded by Col. Pride and his Souldiers by Confederacy with those 40 or 50 then sitting when this Act passed and passing the Wills of the Councel of Officers to the subversion of Parliaments and the great wrong of those Counties and Burroughs for whom they served Object If it be objected that by usage of Parliament 40 Members make a House of Commons Answ 1. I Answer not to all intents and purposes Not to grant Subsidies nor pass Lawes or matters of greatest moment Modus tenendi Parl. Cooks 4. Instit pag. 1 2 26 35 36. Cromptons Juris of Courts fol. 1. 39 Edw. 3. 7. Brook Parl. 27. 1 Jac. 1. 2. 40 Members make not a House when the rest are Excluded by force without doors and fraud of their Fellow-members within doors on purpose that being the Major number they may not over-vote them The Commons not having power to expel any of their Members without consent of King and Lords in whom onely the Judicial Power resides Paribus in Pares non est Potestas Claus Dors 7 Rich. 2. M. 27. Seldens Title of Honour pag. 737 Baron Camoyes case discharged by the Kings Writ and Judgment from serving amongst the Commons because a Peer of the Realm The practice for Members to Expel and Sequester their Fellow-members being a late dangerous innovation to pack a Factious Conventicle instead of a Parliament If the King should send forth no more Writs than would Summon forty or fifty Commons it were no House Added by the Abridger So Mr. Pryn concludes That if he should voluntarily submit to pay this Tax by vertue of the said pretended Act of Parliament Dated 7. of April 1649. made by those now sitting some of whose Elections have been Voted void others of them Elected by new Illegal Writs under a new kinde of Seal since the Kings Beheading as the Earl of Pembroke and Lord Edward Howard uncapable of being Knights or Burgesses by the Common Law because Peers of the Realm as was adjudged in the Lord Cannoyes case Claus Dors 7 Rich. 2. M. 32. and asserted by Mr. Seldens Titles of Honour
Part. 2. chap. 5. pag. 735. Seconded by Cooks 4. Instit pag. 1 4 5 46 47 49. As he should admit those to be lawful Members so he should assent to ex post facto some particulars against his Knowledge and against the Oathes of Allegiance Supremacy Protestation Solemn League and Covenant taken in the presence of God with a sincere heart and real intention to perform the same and persevere therein all the dayes of his life without suffering himself directly or indirectly by whatsoever Combination Perswasion or Terrour to be withdrawn therefrom As for example he should thereby acknowledge contrary to his knowledge and the said Oathes and Covenant 1. That there may be and now is a lawful Parliament of England actually in being and legally continuing after the Kings Death consisting only of a few late Members of the Commons House without either King Lords or most of their fellow Members 2. That this Parliament sitting under a force and so unduly Constituted and packed by power of an Army combining with them hath just and lawful Authority 1. To violate the Priviledges Rights Freedomes Customes and alter the Constitution of our Parliaments themselves 2. To Imprison Seclude and Expel most of their fellow Members the far major part of the House for Voting and according to their Consciences in favour of Peace and settlement of the Commonwealth 3. To Repeal all Votes Ordinances and Acts of Parliament they please 4. To Erect new Arbitrary Courts of War and Justice 5. To Arrain Condemn and Execute the King himself with the Peers and Commons of this Realm by a new kinde of Martial Law contrary to Magna Charta The Petition of Right 3. Car. and the known Laws of the Land 6. To Dis-inherit the Kings Posterity of the Crown 7. To extirpate Monarchy and the whole House of Peers 8. To Change and Subvert the Ancient Government Seals Laws Writs Legal proceedings Courts and Coyn of the Kingdome 9. To Sell and Dispose of all the Lands Revenues Jewels Goods of the Crown with the Lands of Deans and Chapters for thir own advantage not the easing of the people from Taxes 10. To absolve themselves by a Papal kinde of power and all the Subjects of England and Ireland from all the Oaths and Engagements they have made to the Kings Majesty His Heirs and Successours yea from the very Oath of Allegiance notwithstanding this express Clause in it fit to be laid to heart by all conscientious Christians I do beleeve and in conscience am resolved That neither the Pope nor any person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledge by good and full Authority to be lawfully Ministred to me and do renounce all Pardons and Dispensations to the contrary 11. To dispence with our Protestation and Covenant so Zealously enjoyned by both Houses on all sorts of people 12. To dispose of the Forts Ships Forces Offices and places of Honour Power Trust or Profit to whom they please to their own party 13. To Displace and Remove whom they please from their Offices Trusts Pensions Callings and Franchises at their pleasures without any Legal cause or Trial. 14. To make what New Acts Laws and Reverse what Old ones they think meet to insnare and inthral our Consciences Estates Liberties and Lives 15. To create new monstrous Treasons never heard of before and to declare Real Treasons against the King Kingdome and Parliament to be no Treasons and Loyalty Allegiance due obedience to our known Laws and a conscientious observing our Oaths of Allegiance and Supremacy and the Covenant to be no less than High Treason for which they may take away our Lives and confiscate our Estates to their new Exchequer Thereby at once repealing Magna Charta c. 29. 5 Edw. 3. c. 6. 25 Edw. 3. c. 4. 28 Edw. 3. c. 3. 37 Edw. 3. c. 18. 42 Edw. 3. c. 3. 25 Edw. 3 c. 2. 11 Rich. 2. c. 4. 1 Hen. 4. c. 10. 2 Hen. 4. Rot. Parl. 11. n. 60. 1 Edw. 6. c. 12. 1 M. c. 1. The Petition of Right 3 Car. So much commended this Parliament and laying all our Laws Liberties Estates and Lives waste after they have drawn so much Blood and Treasure from us in defence of them 16. To raise and keep up what forces by Land and Sea they please and impose what Taxes they please and renew increase and perpetuate them to support their more than Regal or Parliamentary power 17. To pack and shuffle themselves into a Councel of Lords This 17. is added by the Abridger States General without any provincial States forty Hogens Mogens with Supream Regal and Arbitrary power in absence of Parliaments which are Abolished by these Usurpations as well as Monarchy 4. The principal ends proposed in the pretended Act for imposing this 90000 l. a months Tax oblige all men not to pay it viz. The keeping up this Army under the Lord Fairfax 1. Because this Army by rebelling against their Masters the Parliament and waging War upon them and by conspiring with their own party of the sitting Commons have occasioned all the Mischiefs last mentioned to the ruine of King Parliament and Kingdome Religion Laws Liberty and Property and daily threaten an utter dissolution both in their Deeds and Words Both Officers and Souldiers Boasting That the whole Kingdome and all we have is theirs by Conquest That we are but their conquered Slaves and Vassals and they Lords of the Kingdome That our Lives are at their Mercy and Courtesie That when they have gotten all we have from us by Taxes and Free-quarter they will seize our Lands and turn Vs and our Families out of Doors That there is no Law in England but the Sword as Hugh Peters the Rebels Apostle saith The present power must be obeyed saith parasitical John Goodwin that is the power of the Sword still More hath been raised by Taxes these last eight years than in all the Kings Reigns since the Conquest and no account given 2. No Tax ought to be imposed but upon necessity for good of the people 25 Edw. 1. chap. 6. Cooks 2. Instit pag. 528. But the keeping up this Army is the Bane of the people 1. Because they are already exhausted with war Plunder Taxes Free-quarter c. 2. Because the Souldiers have decayed Trade and brought a Dearth upon the Land 3. This Tax of 90000 l. a month destroyed Trade by Forestalling and Engrossing most of the Money now left in the Kingdome 4. There is no Enemy in the Kingdome visible nor no fear of any if we will beleeve our Grandees 5. When the King had two Armies in the Field and many Garrisons this whole Army consisted but of 22000. Men and had an Established pay but of 45000 l. a month See Ordinances 15. Feb. 1644. and 6. April 1646. Exact Collect. pag. 599 876. But when the Army by confederacy with their party in the House took the boldness to increase their number
Endictment that he might know what to answer saying he might plead Speeial as well as General which the Court denied him Next because there was point of Law in it he desired to have Councel citing the Stat. 1 Hen. 7. fol. 23. which was likewise denied him yet I am deceived if Rolfe had not Councel allowed him being endicted at Winchester for an endeavour to murder King CHARLES the First and had many other favours denied to Morrice Then Col. Morrice for his discharge produced the PRINCES Commission as Generalissimo to the KING his Father The Judges answered The Prince was but a Subject as Morrice was and if he were present must be tried as he was and rejected the Gommission without reading Morrice told them the Prince had his Authority from the King in whose name all Judges and Officers did then Act. The Court answered the power was not in the King but the Kingdome Observe they endicted him for Leavying War against the King and Parliament The word Parliament was a surplusage for which no Indictment could lye no Allegiance no Treason and we owe Allegiance to the King alone whosoever Leavieth War in England in the intendment of the Law is said to Leavy War against the King onely although he aim not at his Person but at some other Person And if he that Leavieth War against the King his Crown and Dignity be a Traytor how much more must they be Traytors that have actually murthered the King and Dis-inherited and proscribed his lawful and undoubted Heir and as much as in them lies have subverted the Monarchical Government of the Land and consequently all Monarchical Laws whereof the Stat. of Treasons for Leavying War against the Kings Majesty is one and therefore Morrice under a Free-State ought not to be condemned or tried upon any Monarchical Law So Morrice was found guilty by a Jury for that purpose And an illegal president begun to cut off whom the Faction pleaseth under a pretence and form of Law without help of a Councel of War or a private Slaughter-house or a Midnight-Coach guarded with Souldiers to Tyborne These Usurpers have got the old tyrannical trick To rule the People by the Laws but first to over-rule the Laws by their Lawyers and therefore Vt rei innocentes pereant fiunt nocentes judices that true men may go to the Gallows Thieves must sit on the bench but silent Leges inter arma and now silet Justitia inter Leges Three headed consisting of 1 Councel of War 2 Councel of State 3 Parliament filet Jus inter Judices The mungrel hypocritical three-headed conquest we live under hath dispoyled Justice of her ballance and left her in a Military posture with a Sword to strike but no scales to weigh withall Our licenced News Books like Ill-Boading-Birds fore-told and fore-judged Morrice's death a month before He dyed resolutely Observe the thing aimed at in this new form of Endictment of High Treason for leavying War against the King and Parliament is first that the word King may hold in the Endictment which otherwise would be found to have errour in it and though the word for Leavying War against the Parliament be a vain surplusage signifying nothing yet at last by help of their own Judges and new-made presidents to leavy War against the Parliament shall stand alone be the onely Significator and take up the whole room in the Endictment and thrust the word King out of doors and then Treason shall be as frequent as Malignancy is now Morrice had moved he might be Tried like a Souldier by a Councel of War alleadging the inconvenience of such a president if the Kings Party should retaliate it which would not be granted yet Col. Bethel writ to the General and his Councel of War desiring he might be reprieved but Col. Pride opposed it urging That it would not stand with the justice of the Army you see now who is the foun of Justice nor the safety of the Commonwealth to let such Enemies live the Parliament having adjudged him worthy of death without hearing and given instructions to the Judges accordingly O serviceable Judges so the General was overborn by this Dray-man This fellow sitteth frequently at the Sessions house in the Old Bayly where the weight of his Slings turneth the scale of Justice which way he pleaseth 210. Cap. Plunkett and the Marquess of Ormonds brother voted to be Tryed Col. Pride's Dray-horses the Commons in Parliament assembled not yet satisfied with Blood because they are out of danger of bleeding themselves have voted that Capt. Plunckett and the Marquess of Ormond's Brother Prisoners in Ireland shall be brought to Trial. If the Kings Party in imitation of their Cruelty shall put to death the Prisoners they have taken the Parliament will save their Arreares for their own privy purse These two cases are examples of the greatest danger and the highest contempt of Souldiers that ever were set on foot in any Age or Nation 29. August 1649. came forth a Book called 211. An out-cry of the young men and Apprentices of London concurring with those falsly called Levellers An out-cry of the young Men and Apprentises of London Or An Inquisition after the lost fundamental Laws and Liberties of England truly and Pathetically setting forth the slavery misery and danger of the Common Souldiery and People of this Nation and the causes thereof well worth the reading About this time came forth an Act forsooth for the speedy raising and levying money upon the Excise that is as the Act telleth you upon all and every Commodities Merchandizes 212. Excise Manufactures as well imported or exported as made or growing and put to sale or consumed c. That is to lay impositions upon all we eat drink wear or use as well in private houses as victualling houses ware-houses cellars shops c. as well what the Souldier devours in Free-quarter upon us as otherwise under unheard-of penalties both pecuniary and personal to be paid and levied with rigour And to make every mans house lie open to be searched by every prowling Rascal as often as he or they please The Traytors Tyrants and Thieves 213. Forrain Plantations the Commons in Colonel Prides Parliament assembled are now again frighted into a consideration of Forraign Plantations And passing Acts That they shall all be subject to the new Babel or State of England for which purpose they are very busie to undermine divide and subject the old and first Planters that if need be these reprobate Saints may come in upon their labours and the better to accommodate themselvs there In the Act for the sale of Kings Queens and Princes Personal Estate they have given leave to their Agents the Commissioners to transport beyond sea that is to say to their own Plantations under pretence of sale the rarest and choisest of the Kings Goods they heap up abundance of wealth by Excise Taxes Goldsmiths-hall Haberdashers-hall Sequestrations cozening the Souldiers
the witnesses face to face in open Court See Stat. 5 Ed. 6. chap. 11. Cooks 2. Inst pag. 26. and there swear them that the party accused may interrogate them and examine the circumstances and whether they contradict themselves or one another for clearing the Evidence And whether they be lawful witnesses or no Nay I hear they do privately suborn and engage witnesses without oath And then produce them to swear what they have formerly related only and if they scruple at an oath punish them for mis-informing the State 4. That I may make some more use of the aforesaid Members words Whether the King or a prevailing Party usurping his Kingly power may canton out a part of his Kingdom or cull and mark out for slaughter some principal men and deny them the benefit of Law in order thereto as these Judges do to be tried by special Commission since the whole Kingdom is under the known laws and Courts established at Westminster It should seem by this Parliaments eager complaint against the special Commission of York this Parliament hath determined this question in the negative already whatsoever their present practise to carry on their Design is See Stat. 17. Car. 1. against the Star-Chamber To what purpose serve those Statutes of Magna Charta and the Petition of Right if men may be fined and imprisoned nay murdered without Law according to the discretion of Commissioners This discretion is the quick-sand that hath swallowed our Properties Liberties but is now ready to swallow our carkasses Thus far that Gentleman Whose words then carried the Parliamentary stamp upon them Let me add some more exceptions of my own against this High Court of Injustice 5 Souldiers of the Army are appointed by the Act 26 March to be assistant to the Commissioners contrary to the peaceable proceedings of the Law which never makes use of any but Civil Magistrates and Officers of the Law See Stat. 7 Ed. I. 2 Ed. III. chap. 3. 7. R. 2. chap. 13. 6. And contrary to the old oath which all Judges ought to take in these words You shall swear well and faithfully to serve the King and people in the Office of Justice c. And that to what estate and condition they be come before you in the Sessions with force and arms against the peace against the Statute thereof made to disturb the Execution of the Common Laws or to menace the people that you arrest their bodies c. Stat. 18 Ed. 3. in An. Dom. 1344. p. 144. Poultons Book of Stat. at large But the oath appointed for these Commissioners to take is not penned in terms of indifferency nor doth any waies oblige them to the people 26. Mar. 1550. viz. You shall swear well and truly according to the best of your skill and knowledge to execute the several powers given you by this Act not well and lawfully to serve the people Besides they swear to execute the several powers given not to do Justice according to the Laws Now the Laws are the only rules of Justice by which we distinguish crooked from strait true from false right from wrong This is not the work these Judges are packed for but to execute Acts of power and will But powers are often usurped tyrannical illegal and unjust So are these Injuria est quod contra legem fit 7. How can the House of Commons if it were full and free constitute a new unpresidented Court of Justice nominate and ordain Judges and enable them to administer Oaths having never had nor so much as pretended to have any power to judge to nominate Judges or to administer an Oath as having never been more than the Grand Enquest of the Kingdom humbly to present to His Majesty in a petitionary way the grievances of the people Nemo dat quod non habet 8. Suppose the House of Commons had power of Judicature delegated to them from the people as their Representative Delegati non possunt substituere Delegatos Protestatam sibi concreditam in alios transferre Delegates cannot make subdelegates and transfer their trust to others See Col. Andrews 3. Answers given into this High Court for his defence Printed at the latter end hereof 2. My second consideration will be Of what Persons delegated or Commissioned this Court consisteth The pretended Act. 26. March 1650. names 25. Commissioners all which for their better credit it enacteth Esquires amongst whom are 4. or 5. that have professed the Law as farre as wearing a Lawyers Gown comes to but were better known by their leisure then by their Law untill by adhering to our prevailing Schismaticks in subverting our Laws they seem to be eminent Lawyers Of Keeble see the Triall of L. Collonel John Lilburn first and second Part. Steel cited expired Statutes at Winchester against Captain Burley The rest are for the most part poor ignorant Trades men some so young they are but lately out of their Apprentiships others Broken Trades-men that have compounded with their Crediturs some of vild and base professions One or two of these Wolvish Saints I hear have with some difficulty escaped the Gallowes for Man-slaying William Wibeard Esquier is a Rope-seller this employment may happily help him to the Hangmans Custom William Pemoier Esquire was heretofore an Ape-carrier Cherry-lickom or Mountredinctido Cook a Vintner at the Bear at the Bridge-foot he keeps a vaulting-School for our sanctified Grandees and their Ladies of the Game If the House of Commons had power to make Judges which I have disproved yet Ex quovis ligno non fit Mercurius They must name such Persons as may be competent Judges And therefore must not choose 1. Ignorant men 2. Nor such as the Law calls Viles Personas men base or contemptible for their Persons or Sordide callings Mechanicks of the lowest rank 3. Persons of Scandalous life and conversations 4. Not Banquerouts and Indigent Persons Necessitas cogit ad turpia 5. Not partiall and preingaged Persons chosen to suppresse another party As these Commissioners are engaged to the present power to suppresse all others 6. Nor such as Schismatically or Heretically affected are seasoned with such Doctrines and Principles as neither agree with the Duties of a good Christian a good Common-wealths man nor a good Judge Which two last Objections not only these Commissioners but the pretended Parliament that commissioned them are apparently guilty of as being all of the Independent Faction conspiring to rob and rout out all other Parties Royallists Presbyterians and Levellers For which purpose this New Tribunall or Inquisition is set up Independency being a meer complication and Syncretismus or rather a Sink and Common Sewer of all Errours Heresies Blasphemies and Schismes though they peevishly differ in some inconsiderable Tenents yet having one Generall End or scope at which they all chiefly aime viz. power preferment profit and the suppression of the Truth and Magistracy they have likewise some common principles to soader them together which they use as
debere legibus interrogari nequeat qui jus aequum ferre non potest in eum vim haud injustam fore No man ought to advance himself above the powers of the Law he that will not submit to equal right if he be cut off by violence suffers no wrong but this is to be understood of the eminency and greatness of the person not of the greatness of the crime whereof no man is to be forejudged because a great crime may prove a great calumny until a legal trial have adjudged it But there is no person in England so eminent for power or Authority but that the least of Bradshaws Ban-dogs can drive him to the Slaughter-house make him offer his throat to Keeble Therefore Animadversio Gladii if at any time lawful is now unlawful To make great examples upon men of little power is great injustice But the way of this Court is not Animodversio per Gladium It is a Mocking a Counterfeiting an Adulterating and Alchimisting of Justice it is to falsifie her weights and ballance and steal her sword to commit Murder withall See Col. Andrews three Answers 6. By the known Laws Matter of fact is intrusted to the Jury matter of Law to the Judges to prevent all errours combinations and partiallities The Judges are sworn to do justice according to the Law the Jury are sworn to finde according to their evidence But in this high Court the Commissioners or Judges are all packed confiding men chosen by and out of one party to destroy all of a different party They usurp the office of Judges not being sworn to deal well and lawfully with the people as by the said Stat. 18 Ed. 3. nor to do justice according to the Law But only to execute powers given by the said Act 26. Mar. 1650. And they arrogate as Jury-men to be Triers of the Fact without being sworn to find according to evidence So that they are Judges Juries and parties for ease of their tender consciences without any Oath of Indifferency A most excellent Compendium of Oppression They may go to the Devil for injustice and not be forsworn Great is the priviledge of the godly 7. The prisoner may except against his Jurors either against the Array if the Sheriff or Bayly impannelling the Jury be not wholly disingaged and indifferent both to the cause and to the parties prosecuting and prosecuted or against the Poll he may challenge 35 peremptorily as many more as he can render legal cause of challenge for As for defect of estate or other abilities or for partiality Disaffection Engagement Infamy But this Array of Jury-men Judges a Medley so new we know not how to express it though picked and empannelled by an engaged remainder of the Commons and abnoxious to all exceptions must not be challenged their backs are too much galled to indure the least touch Take heed you scandal not the Court cries Mr. Atturney See Col. Andrews three Answers 8. Many exceptions in a legal Trial are allowed against Imperfections Vncertainties and Illegallities in the Bill of Endictment for the advantage of the Prisoner But no Exceptions are allowed against these illegal Articles of Impeachment which are made uncertain intricate and obscure and ambiguous purposely to puzle confound and entangle the Respondent 9. By the Law a bill of Endictment must have two full and clear lawful witnesses to every considerable Matter of Fact both at finding the Bill and at the Trial. Where there is but one witness it shall be tried by combate before the Earl Martial Cooke ibidem Cooks 3. Instit pag. 25 26. And Probationes debent esse luce clariores Proofs must be as clear as the Sun not grounded upon Inferences Presumptions Probabilities And the Prisoner must be Provablement Attaint saith the Stat. 25. Ed. 3. chap. 2. Cooks 3. Instit pag. 12. The word attainted shews he must be legally proceeded with not by absolute power as formerly had been used and as is now used by this bloody High Court But before these Slaughter-men of the High Court all manner of witnesses Legal or Illegal one or two sworn or not sworn or apparently forsworn and suborned and all proofs clear or not clear are sufficient The Prisoner is sent thither foredoomed and hath its deaths Mark his fate in his forehead 10. The said Act 26. March 1650. carries two faces under one hood and looks backwards as well as forwards To facts precedent as well as subsequent the said Act contrary to the nature of all Laws whose office is to prohibit it before it punish to warn before it strike Where St. Paul defineth Sin to be the breach of Commandement or Law I had not known Sin but by the Law The Law must therefore be precedent to the Offence But these Acts are not Laws to admonish but Lime-twigs and Traps to ensnare and catch men See Col. Andrews 3. Answers at the latter end of this book Fourthly and lastly I am to consider To what end and purpose this new invented High Court is constituted and appointed Concerning which see a Letter dated 6. June 1650. Stilo veteri from the Hague supposed to be Walter Stricklands the Parliaments Agent there as I finde it in Walter Frosts brief Relations of some affairs and transactions c. from Tuesday June 11. to June 18. 1650. wherein the Epistoler hath these words One piece of the cure viz. of the dangers that threaten your new State must be Phlebotomy but then you must begin before Decumbency and then it wil be facile to prevent danger c. they are here most of all afraid of your high Court of Justice which they doubt may much discourage their party they wish you would not renew the power thereof but let it expire then they think that after Michaelmas they may expect Assistance with you And indeed that Court is of almost as much use to you as an Army and will prevent the rising of as many Enemies as the other will destroy only you must be sure to execute Justice there with all severity A few of the first stirrers taken away by the power thereof without respect to cousin or Countrey will keep all the rest quiet But whosoever that Court condemns let them be as already dead c. But let them be most free in cutting the vena Coephalica that is the Presbyterian Party for the Basilica or Royal Party will be latent The Median or Levellers would be spared as much as may be that the body be not too much emaciated Besides the blood is most corrupt in the Coephalicks or Presbyterians and is the very causa continens of your disease You need not fear to take freely of this vein c. Here you see this State Mountebank gives you the use and application of this corrasive The High Shambles of Justice so fully that I shall not need to comment upon it And in the latter end of a Letter from Cromwel dated from Dunbar 4. Sept.
matter of invitation into the kingdom he referred himself to the Declaration then in Print and setting forth how ready and willing he was ever to serve the English wishing happinesse and peace to them and praying that his blood might be the last that should be drawn heartily forgiving all saying I carry no rancour along with me to the grave That his Religion was such as he spoke of before whose Tenets he needed not to expresse as being known to all and himself not of a rigid opinion being not troubled with other mens differing judgments with which words and forgiving all that he might have even the greatest animosity against he kneeled down with Dr. Sibbald and prayed with much earnestnesse and devotion which pious exercise performed and some short ejaculations passing between himself and the Doctor the Earl turning to the Executioner said Shall I put on another cap and turn up my hair Which way is it that you would have me lye Sir The Executioner pointing to the front of the Scaffold the Earl replyed What my head this way Then the Undersheriffs son said My Lord the Order is that you lay your head toward the High Court of Justice Then the Earl after some private discourse with his servants kneeled down on the side of the Scaffold and prayed a while to himself afterwards with a smiling and cheerful countenance he embraced the Doctor in his Arms and then his servants saying to them Ye have been very faithful to me and the Lord blesse you then turning to the Executioner said I shall say a very short prayer while I lie down there and when I stretch out my hand my right hand then Sir do your duty and I do freely forgive you and so I do all the World So lying down and having fitted himself Hamilton executed devoutly praying to himself a short space he stretched out his right hand whereupon the Executioner at one blow severed his head from his body which was received by two of his Servants then kneeling by him into a Crimson Taffeta scarfe and that with the body immediately put into the Coffin brought thither for that purpose and so carried to Sr. John Hambletons house at the Mewes This Execution done the Sheriffs guard went immediately to â—â—tch the Earl of Holland whom they met in the midway where the under Sheriffs son having received him into his charge conducted him to the Scaffold Mr. Bolton passing all the way hand in hand with him Being come upon the same and observing he could not spake aloud enough to be heard by the People by reason of the numerousness of the Souldiery that encompassed him he said Hollands speech on the Scaffold I think it is to no purpose to say any thing then proceeded That his breeding had been in a good family that had ever been faithfull to the true Protestant Religion in which he had ever lived and now resolved by Gods grace to dye That he hoped God would forgive him his sins though he acknowledged his Justice in bringing him thither for punishment of them in this World He observed that he was looked on as one that had ill designs against the State Truly saith he I look upon it as a judgement not having offended the Parliament in any thing save an extreme vanity in serving them very extraordinarily That his affections had been ever known to be faithfull and without wavering where the Parliament wrought changes beyond and against reason and Religion there He left them That he ever sought the peace of the Kingdom and that made him do what he did That he knew not how to judge of the then present affairs but should pray that the Kingdome might be again governed by the King by the Lords by the Commons and that the People may look upon the Posterity of the King with that affection they owe that they may be called again without bloodshed and admitted into that power and glory that God in their birth intended to them That he wisheth happiness even to the causers of his death praying heartily to God to forgive them And as Chancellor of Cambridge really praying that that University might flourish and be a continuall Nursery both to Learning and Religion Then mentioning again his Religion and family relating something to his own behaviour and his being a great sinner yet that he hoped God would hear his prayers and give him faith to trust in him with his prayers for the People he ended Then turning to the side he prayed for a good space of time after which by the instigation of Mr. Bolton he said That he was the less troubled with his violent death when he remembred how his Saviour suffered for him and again when he considered the King his Master not long before passed the same way with others at this time with himself with a serious and pithy justification of his said Master the late Kings Majesty a short recapitulation of his first speech concerning his Actions Religion breeding and sufferings After all wholly casting himself on the merits and mercies of Jesus Christ forgiving his Enemies praying for peace and that their blood might be the last which was shed strangely the tryall being as extraordinary as any thing in the Kingdom but he owned it as Gods hand then having some divine conference with Mr. Bolton for neer a quarter of an hour and spoken to a Souldier that took him prisoner and others he embraced Lievtenant Collonel Beecher and took his leave of him After which he came to Mr. Bolton and having embraced him and returned him many thanks for his great pains and affection to his soul he prepared himself to the block whereupon turning to the Executioner he said here my friend let my Cloaths and my body alone there is ten pounds for thee that is better than my cloaths His behaviour I am sure of it And when you take up my head do not take off my cap then taking his farewell of his Servants he kneeled down and prayed for a pretty space with much earnestness Then going to the front of the Scaffold he said to the People God bless you all God give all happiness to this Kingdom to this People to this Nation Then laying himself down he seemed to pray with much affection for a short space and then lifting up his head seeing the Executioner by him he said stay while I give the signe and presently after stretching out his hand and saying now now just as the words were coming out of his mouth the Executioner at one blow severed his head from his body E. of Hâ—ll death The Execution of the Earl of Holland being thus performed the Lord Capell was brought to the Scaffold as the former and as he passed along he put off his hat to the People on both sides looking about him with a very stern countenance when mounting on the Scaffold having before taken his leave of his Chaplain and bidding his Servants that were
with him to refrain from weeping coming to the front of the Scaffold Lo. Capell his speech before his death he spoke to this purpose That he would pray for those that sent him thither and were the cause of his violent Death it being an effect of the Religion he professed being a Protestant with the profession whereof he was very much in love after the manner as it was established in England by the 39. Articles That he abhorred Papistry relying only on Christs merits That he was condemned to dye contrary to the Law that governs all the World that is by the Law of the Sword the Protection whereof he had for his Life yet among Englishmen he an Englishman acknowledged Peer condemned to dye contrary to all the laws of England That he dyed as to the cause he fought in for maintaining the fifth Commandement injoyned by God himself the Father of the Country the King as well as the natural Parent being to be obeyed thereby That he was guilty of Voting against the Earl of Strafford but he hoped God had washed off the guilt of his blood with the more precious blood of his Son That his late Majesty was the most vertuous and sufficient known Prince in the World God preserve the King that now is his Son God send him more fortunate and longer dayes God restore him to this Kingdom that that family may reign till thy Kingdom come that is while all Temporal power is consummated God give much happiness to this your King and to you that in it shall be his subjects That he did again forgive those that were the causers of his coming thither from his very soul so praying again for the King and his restoration and for the peace of the Kingdom he finished his speech L. C. his carriâ—ge Then turning about to the Executioner he pulled off his doublet when the Heads-man kneeling down Lord Capell said I forgive thee from my soul and shall pray for thee There is five pounds for thee and if any thing be due for my cloaths you shall be fully recompenced And when I ly down give me a short time for a prayer then again blessing the People very earnestly and desiring their prayers at the moment of death he said to the Executioner you are ready when I am ready are you not then as he stood putting up his hair with hands and eyes lift up he said O God I do with a perfect and a willing heart submit to thy will O God I do most willingly humble my self so kneeling down and fitting his neck to the block as he lay with both his hands stretched out he said When I lift up my Right hand then strike When after he had said a short prayer L. Capell beheaded he lifted up his right hand and the Executioner at one blow severed his head from his body which was taken up by his servants and put into a Coffin Having thus brought to pass their bloody purpose shortly after they acquitted the Lord Goring and Sir John Owen as to their lives but seized upon all they had according as they did upon most of the Estates of the Nobility and Gentry throughout England for such now was their unsatiable malice that they thought it not enough to ruine and destroy the heads of Families but The barbarousness of the faction with divellish rancor endeavour to blot out the name and memoriall of Posterity by such unheard of cruelties and barbarous actions as would make a Savage Scithian or Barbarian blush to think on so that we may say with Cicero in the like case Rem vides quomodo se habeat orbem terrarum Imperiis distributis ardere bello urbem sine legibus sine judiciis sine jure sine fide relictam direptioni incendiis Which indeed is the very present case Thus did they grow from bad to worse acting rather like butchers then Men each one of them proving to all about him a devouring wolfe whose insatiate gorge was never filled with his pray so that having in effect the mastery of them whom they called their Enemies like true thieves they fall out about parting the stakes The Army and Independent close the Presbyterian faction will brook no superior the Independent no equall upon these terms stands the Kingdom divided when the later grown now more powerfull by the additon of the Army whose guilt in the murther of the King had suggested to them that the only way to save and raise themselves was to confound and reduce all things else to an Anarchy In pursuance of which Principle they at last proceed against the very root of Monarchy and after many uncouth debates resolved that the Nation should be setled in the way of a free State Free-state appointed and Kingly government be utterly abolished Now was the stile in all proceedings at the law altered the seals changed and the Kings armes and statues in all places taken down that so their seared consciences might not at the sight thereof be terrified with the sad remembrance of their committed crimes And that no sparke or attendant of antient Majesty might be left remaining soon after they vote the house of Lords to be burdensome and useless Lords house voted useless and that the People might understand their meaning also on the 21th of February they proclaim at Westminster and send it to the City the next Day to the like purpose but the then Lord Mayor refusing to do it as being contrary to his honour conscience and Oath rather chose to suffer an unjust imprisonment which he did in the Tower Any honest Man would have thought this example would have put a stop to the attempt of any villain for the making that proclamation but so farr were they from being deterred that they rather grow more implacable and having found some hair brained and half decayed Cittizens out of them one is set up as a mock-Mayor who being a fellow fit for their turns after a short complement or two with the Juncto The Proclamation against Kingship he enters the Stage and Proclaims the abolishing of Kingship and the House of Lords Having thus brought their design to some kind of maturity they find another invention to be as a Shibboleth a mark of distinction between themselves and other men The engagement a mark of distinction and that was the engagement forsooth whereby every man should promise to be true and faithfull to the Common-wealth of England without a King or house of Lords and he that would not subscribe to this was forced either to fly or which was as bad to stay at home and have neither the benefit nor the protection of the law of the land nor any advantage either of his liberty or Estate Now might you have seen Vice regnand and nothing but Schisme and faction Countenanced now might you have beheld England sometime the Glory of the World now become its by words the name of
papers the house was so highly incensed and flew into such a sudden heat of passion that without any more adoe they resolved That the severall Commissions of 9. great Officers displâ—ced and voted out of commission Col. John Lambert Col. John Desborow Col. James Berry Col. Thomas Kelsey Col. Richard Ashfield Col. Ralfe Cobbet Major Richard Creed Col. William Packer and Col. Rob. Barrow were null and void and every of them discharged from military imployment And that the Army should be governed by seven Commissioners Commissioners to govern the Army Viz. L. G. Charles Fleetwood L. G. Edm. Ludlow Generall George Monck Sir Arthur Haslelrig Barronet Col Valentine Walton Col. Harb Morley and Col. Robert Overton or any three or more of them which said Commissioners were to give notice to the said nine Officers of the discharge of their Commissions which being accordingly communicated now might you have seen the smoaking embers of dissembled friendship break out into an open flame of violent enmity this great and so long domineering faction being divided in it self and each side prepairing for its own The feud betwixt the rump and the Souldiery breaks out both defence and elevation for now a Quorum of the Commissioners which were appointed to govern the army being gotten together and sitting all night in the Speakers chamber which was within rhe Parliament house to issue forth orders part of the army with most of the discharged Principall Officers presently drew down to Westminster in a warlike order where they possessed themselves of the great Hall the Palace yard and all avenues and passages leading thereunto having before given out that they found it absolutely necessary for the good of the Nation to break up this Parliament for the maintaining whereof another part of the army were as active in drawing together the same night also marching down to Westminster and planting themselves in Kingstreet and in and about the Abbey Church and Yard This unusuall assembly at such an unaccustomed hour caused a generall terrour in the hearts and minds of the Inhabitants who dreaded some greater mischief than they were sensible of but the night being past in the morning the Speaker Mr. W. Lenthall at his usuall time came along Kingstreet and had passage through the ranks of Souldiers till he came to the new Palace gate The Rump turned out of doors where his Coach was stopped and himself compelled to return home as wise as he went whereby the house was interrupted from sitting which was the chief thing that Lambert aimed at yet though he had thus wrought his purpose he durst not withdraw but make good his station against the other faction the greatest part of the day each of the Phanatick leaders for so indeed they were both expecting who should give the first blow of which meekness the then council of State taking notice required both to draw off to their quarters which motion was willingly accepted on all hands and so both sides marched away Observe Thus have we seen that rump of pretended authority which in May was with much solliciting many intreaties and not a few specious pretences courted to come into play now again in October with as great scorn and malice laid a side and trampled on Nec lex est justior ulla quam necis artifices arte perire sua It hath been a generall Observation that Treason is alwayes the greatest punishment to it self like the Viper it breeds young with her own destruction and as the Poet speaketh of envy sit licet injustus livor so may I say of it though it be unjust to others yet is it very just to destroy them first that would destroy others The Councill of Officers having thus seized the Government into their hands Officers meet played with it for certain dayes till with the old Philosopher in the question about God finding the more they studyed the less they understood and that they were led by an Ignis fatuus which only trained them to the sight but would never bring them to the certenty of a settlement and pondering their own many weaknesses and infirmities with the exigency of affairs they fell into consideration of what was fit to be done In the debate whereof after many frivolous essayes they agreed at length among themselves to nominate some persons to be a Councill of State which device being applauded and a new name devised for them for they will be called forsooth the Committee of safety these following persons were pitch'd upon They erect a Committee of safety their names and characters Viz. Fleetwood whose folly would have exempted but they were affraid he would have cryed Knowing also that the best play ever hath a fool in it Lambert a seeming Saint but chief Engenier of the modell Desborow a drunken Clown skill'd in Harrassing the land steel once a sneaking petty fogger now Lord Chancellour of Ireland and a Traytor Whitlock a lump of ingratitude and deceit Sir Henry Vane chief secretary to the seven deadly sins Ludlow once a Gentleman but since by himself Levelled into the plebeyan rank Sydenham nothing good in him but his name Upstart Saloway Strickland once a rumper after a Lord of Nolls edition then a convert to the good old cause Berry pedum nequissimus the wickedst villain among 10000. Lawrence once an upstart privy Counceller now scarce a Gentleman Sir James Harrington Per risum multum possis cognoscere Wareston a mickle knave geud faw Sir Ireton and Tichborn two of the City Puckfoists who lye leger in the Common Council to discover plots for the getting of money Henry Brandrith fit for mischief else he had not been here Thompson a dull fellow but a soaking Committee-man Hewson the Common-wealths upright setter Sniveling Col. Clarke Factious Col. Lilburn preaching Col. Bennet and Cornelius Holland a most damnable Apostate both to God and his King To these fellowes thus fitly accoutred is the Government committed Com safety their power and not only so but they have power to call Delinquents to account to oppose and suppress all insurrections to treat with forreign States and Princes to raise the militia's in the severall Counties To dispose of all places of trust with many other things by which may be seen what an unlimited arbitrary power they assumed to themselves over the lives and estates of all Englishmen And that all England might take notice hereof they send out a Declaration in print Armies declaration entitled a Declaration of the General Council of the Officers of the Army wherein they say they have lodged the civil and executive part of Government in the Committee of safety whom they have obliged to prepare such a form of Government as may best sute with a Free-State without a single person Kingship or house of Peers with many equivocating though Saint-like expressions to the like effect with which they hoped to delude the World and continnue their usurpation but Sera