a Corporation of Tyrants suspect an opposition from the Levellers and would faine turn them out of the Kingdome into Ireland to seek their fortunes and practice their Levelling principles in a strange Land The Levellers more numerous in the Army though lesse numerous in the said Committee strain courtesie with their Betters and would have them go first thinking the seeds of liberty and equality will prosper better in the soyle and aire of England While they were disputing if Marquesse Ormond had been acting as he had been had not the King been necessitated to retard him by his said Letters sent from the Isle of Wight during the Treaty the King had recovered that Kingdom intirely to himself which had bin of great advantage to him The 20. Novemb. 1648. Col. Ewers with seven or eight Officers more presented at the House of Commons Barre a thing called by those that use to miscal things An humble Remonstrance of the Army It is founded upon these five Anarchical Principles 1. That themselves and their faction only whom they call exclusively the Well-affected Godly Honest Party the Saints are the People of England all the rest but Philistines Amorites or at the best but Gibeonites 2. That their Interest only is the publick Interest of the People 3. That the People that is themselves are the only competent Judges of the peoples safety contrary to the Lawes and Practice of all Nations which bestow that Prerogative only upon the Supreme Magistrate but it may be here lies hid another subsequent principle That they are the Supreme Magistrates armed with Supreme Authority as well as with their Swords and hereupon they as good as tell the House That if their supposed dangers be not removed and those remedies which they Remonstrate admitted they shall make such appeal to God that is their Sword as formerly they have done 4. Principle is consequential to the 3. That they may drive on their designe upon pretence of necessity self-preservation honest intentions providence or revelation against all Powers Formes of Government and Lawes whatsoever under colour of the much abused Maxime Salus Populi Supremae Lex esto the safety of the People is the Supreme Law which hath been the fruitful Mother of many Rebellions in all Ages to serve the corrupt ends of ambitious Persons who usually fish in troubled waters to attaine to those ends which they could never arrive at in setled Governments This is a Principle or new light discovered by Major Huntington That it is lawfull to passe through any formes of Government for accomplishment of their ends and therefore either to purge the Houses and support the remaining Party by power everlastingly or put a period to them by force and themselves imploy as much in this Remonstrance p. 45. saying It cannot be safe to accommodate with the King because if He returne and this Parliament continue long and unlimited He will make a Party amongst them He hath bid faire for it among the Commons already and the Lords are his owne out of Question and therefore we dare not trust the King amongst them Againe they say That if the King come into the Parliament He will be looked upon as the Repairer of breaches Restorer of trade peace plenty c. and if the Army should keep up as it must upon Taxes the Houses and Army will be looked upon as Oppressors and the jealousies and discontents of the People be increased against them and make them apt to joyne issue with the Kings interest and may yeild us up a sacrifice to appease the King and his Party out of these words and their owne practice I concluded for them ergo They may carry on their designe upon necessity for self-preservation against the Monarchical Government and Law of the Land to murder the KING as they have since done Againe they say If the King were returned each Party would strive first and most to comply with Him ergo there is a necessity to subvert the Kingdome and murder the KING Behold what use these cowardly Saints make of necessity and self-preservation 5. That they may appeale to their Sword against the Authority of any their Governours in order to publique safety which two last conclusions set the door wide open to Faction and Rebellion since the People are ever floating and given to change and every turbulent ambitious Fellow is apt to raise them into a storme against their Governours for their fabulous assertions wherewith these Saints usually guild over their foule actions 1. That the Houses were free when they passed the 4. Votes for Non-Addresses 2. That they were not free when they recalled them 3. That the People were quiet and contented untill the recalling those 4. Votes and afterwards were unsetled and presented clamorous Petitions 4. That the Army did not apply themselves to the King untill he proffered himself to them 5. That when they made Addresses to Him it was but to prevent the Presbyterian Party But it appeares their ayme from the beginning was to suppresse the Presbyterian and advance their owne Party and lay by the King and domineer over Him and the Kingdome for when Cromwel had brought his Designe to perfection he said at Kingston That he was as fit to rule the Kingdome as Hollis 6. And then but hypocritically Sect. 65.66 68 69 70 71 72 73 74 75 88 89 97 98. All these are sufficiently confuted in my said Animadversions and in the said Plea for the King and Kingdome in Putny Projects and in my First part of the History of Independency After all this tedious stuffe aforesaid they make Propositions to the Parliament of two sorts all founded upon the said five Antimonarchical Principles The first for satisfying publique Justice that is for the Hang-man to teach the Judges who they shall sentence to execution 1. They demand the Person of the King may be brought to speedy Justice this affront they put upon the Parliament when they were neer conclusion of their Treaty with Him when He had already granted more to his Subjects than ever any King condescended to The Kings Supremacy and from thence his indempnity proved this is through the sides of the King to give Monarchy the fundamental Government and Lawes of this Land and consequently the Liberty and Property of the People their Deaths-wound By the Law of God nature reason and the Lawes of all Kingdomes impunity is an inseparable prerogative of Kings as they are Supreme in their Dominions See the Oaths of Allegiance Supremacy Stat. of Recognition 1 Jac. Cokes Institut 5.1 Stamford's Pleas of the Crowne l. 1 ch 1 2 Stat. 25. Edw. 3 42. E. 3. Read Mr. Pryns Memento to the unparliamentary Iunto his Speech in the House of Commons 4. Dec. p. 72 73 74 75 76 77. and my 1. part sect 106. The Conclusions sect 17. and my Animadversions p. 18. the Petition of Right 3. Caroli Declares That they had no power to hurt the Kings Prerogative much
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
we could enjoy nothing but as the will of any number of men that shall call themselves The People And upon the same ground that those that shall subscribe this Agreement may call themselves the People may those that shall refuse to subscribe call themselves the People and upon far better grounds as being farre the more numerous and standing for defence of those ancient Lawes which do constitute the People and Common-wealth of England which will breed infinite confusions and divisions and what those that call themselves the People now agree to they may alter upon the next change of humour or interest 2. The inconveniences of the present Government have not yet been plainly discovered nor no Trial hath been made by the present knowne legal power of England whether those inconveniences may not be removed without subverting the present Government and introducing so totall a change as will be very dangerous and grievous to all sorts and conditions of men 3. In the Protestation May 5. 1641. and the Covenant Septemb. 27. 1643. we are bound to defend Parliaments and to oppose and bring to punishment all such as shall endeavour the subversion of Parliaments which this Agreement cleerly doth 4. This Agreement encroacheth desperately upon the liberty of the People of England in the Election of this Representative depriving them that have constantly adhered to this Parliament as wel as the Kings Party if they cannot in conscience subscribe it from Electing or being Elected yet they shall have Laws and Taxes imposed upon them by Subscribers who are the least and the least considerable party of the Kingdome and upon whom they conferre no trust which is to disfranchise the Nonsubscribers and reduce them to the condition of Conquered Slaves It is a knowne Maxime in Law Quod omnes tangit ab omnibus tractaeni debet what concernes all men must be debated and agreed to by all men either personally or representatively 5. It will raise factions and feuds between the Subscribers and Non-subscribers of the Parliament party 6. It takes away Magistracy and Government not onely by placing such a Supreme power over them as is disputable nay apparently illegal But by making the heady multitude the People supreme Judges over the said Representative for although it inflicts the penalty of death upon the Resisters of their Orders yet is with this salvo except such Representative shall expresly violate this Agreement which makes every man or number of men that shall get power into their hands Judges of it nor is there any other Judge designed and if there were who shall judge that Judge sic in infinitum the legal supreme Trust of all publique interests being taken away our vagabond thoughts wander in a circle not knowing where to repose our trust all Judges all Councels may erre but the rascal multitude are the very sinke of errors and corruptions If therefore the Supreme the Representative have so unstable an authority what shall the subordinate Magistrate acting under them have 7. It smels so much of the Jesuite that it tolerateth Popery in private Houses contrary to the knowne Lawes of the Land Popery like the old Serpent if it once get in the head will soon insinuate the whole body being so well backed by Potent Princes and Councels from beyond Sea And truly I know not what to say against Popery where Heresie Schisme Atheisme and Blasphemie are openly tolerated and exempted from the power of the civil Magistrate as in this Agreement 8. It will lose Ireland the managing of the Warre there being legally in this Parliament by Act passed not in this newfangled Representative 9. It divides us from Scotland 10. It destroyes the Cause for which the Parliament so often Declared Voted Protested and Covenanted that they fought viz. Defence of Parliaments Religion Lawes and Liberties and bestowes the Cause upon the King as if He only from the beginning had fought for them which all men have reason to believe when they shall see the Parliament make such ill use of their Victory as to root them all up And this and all other Parliament-Armies were Commissioned to preserve this Parliament by this Authority they have their Pay and Indemnity without which they are Thieves Rebels and Murderers 11. It demands that there be no Lawyers nor Lawes but new Rules in English to be made from time to time by the new Representative who are to be chosen and trusted onely by a small faction of Subscribers as hath been said according to which justice shall be administred not by Mayors Sheriffs Justices of the peace Officers alwaies ready but by hundred Courts who are to supply the roome of all the Judges and Lawyers of the Kingdome and all this to lie in the brests of 12. Men in every Hundred of the Tribe of the Godly be sure who peradventure can neither write nor read nor have responsible Estates to satisfie wrongs done these shall doe justice by providence and revelation 12. It destroyeth all great and publique Interests and therefore cannot stand Kings Lords Souldiers Magistrates Parliaments Lawyers Ministers who will oppose it because it confounds and destroyes Religion and depriveth the Ministery of its lot Tythes stopping their mouthes with famine purposely to cast them off and generally all men of quality and discretion will withstand it because it gives no security for enjoyment of liberty and property nor for increase of learning civility and piety who then are left to owne and subscribe it but desperate forlorne Persons who because they cannot bring their actions under the protection of our present Laws and Government will bring the Laws and Government to their own corrupt wills and interests and therefore will signe this Agreement no obedience being given to this Representative but upon condition that they kept this Agreement and their being no other Judges of their keeping it but the Subscribers who in the result of all hath the Law in their owne Wills 36. This Agreement of the People was condemned by the House of Commons 9. Nov. 1647. This Agreement of the People is the same which was subscribed by 9. Regiments of Horse and 7. of Foot and presented with a Petition to the House of Commons Novemb. 5. 1647 by the Agitators Gifforde the Jesuite being then in the Lobby with them and very active therein Upon reading and debate hereof the House then declared their judgements against it by passing these Votes Die Martis 9. Nov. 1647. A Paper directed to the Supreme Authority of the Nation the Commons in Parliament assembled The just and earnest Petition of those whose Names are subscribed in behalfe of themselves and all the Free-borne people of England Together with a Paper annexed intituled An Agreement of the people for present and future peace upon grounds of Common Right avowed How these Papers come now to be owned those that oppose them violenrly secured by the Army by the connivance at least of the dregs of the House now sitting
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
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
enter into Argument and Dispute concerning the Authority of this Court before whom You appear as a Prisoner and are charged as a High Delinquent You may not Dispute the Authority of this Court nor will any Court give way unto it You are to submit to it c. King Vnder favour I do plead for the Liberty of the people of England more then you do and therfore If I should impose a beleefe upon any man without Reasons given it were unreasonable Bradsh Oh Brutish Asinine Kingdome to be Governed by an up-start Authority without use of Reason Sir I must interrupt You You may not be permitted You speak of Law and Reason and there is both against you Sir The Vote of the Commons of England assembled in Parliament is the reason of the Kingdome and they are those that have given You that Law according to which you should have Ruled and Raigned Sir It will be taken notice of that you stand in contempt of the Court and Your contempt will be recorded accordingly King I do not know how a King can be a Delinquent but by all Laws that ever I heard all men may put in Demurrers against any proceedings as Illegall and I do demand that if you deny that you deny Reason Bradsh Over-rule a Demurrer without Argument If a man may not Demurre to the Jurisdiction of any Court that Court may enlarge its bounds and become a Corporation of Tyrants Sir Neither You nor any Man are permitted to Dispute that Point You are concluded You may not demurr to the Jurisdiction of the Court if You do I must let you know that they over-rule Your demurrer they sit here by the Authority of the Commons of England and all Your Predecessours and You are responsible to them King I deny that shew Me one President Bradsh Sir You ought not to interrupt while the Court is speaking to you this point is not to be debated by you if you offer it by way of Demurrer to the Jurisdiction of the Court they have considered of their Jurisdiction they do affirme their own Jurisdiction King I say Sir by your favour That the Commons of England were never a Court of Judicature I would know how they came to be so Bradsh Sir you are not to be permitted to go on in that Speech and these discourses Then the Clerke of the Court read as followeth Charles Stuart King of England you have been accused in the behalfe of the people of England of High Treason and other high crimes the Court hath determined that you ought to answer the same King I will Answer the same so soone as I know by what Authority you do this Bradsh If this be all that you will say then Gentlemen you that brought the Prisoner hither take charge of Him back again King I do require that I may give My Reasons why I did not Answer and give Me time for that Bradsh Sir 'T is not for Prisoners to require King Prisoners Sir I am not an ordinary Prisoner Bradsh The Court have affirmed their Jurisdiction if You will not Answer We shall give order to Record your default King You never heard my Reasons yet Bradsh Sir Your Reasons are not to be heard against the highest Jurisdiction King Shew Me that Jurisdiction where Reason is not to be heard Reasons are not to be heard against a remaining faction of the Commons of England Bradsh Sir we shew it you here the Commons of England and the next time you are brought You will know more of the pleasures of Court and it may be their finall Determination King Shew Me where ever the House of Commons was a Court of Judicature of that kind Bradsh Sergeant take away the Prisoner King Well Sir Remember that the King is not suffered to give in His Reasons for the liberty and freedome of all His Subjects Bradsh Sir You are not to have liberty to use this language how great a Friend You have been to the Lawes and Liberties of the People let all England and the world judge King Sir under favour it was the Liberty Freedome and Laws of the Subject that ever I took defended My selfe with Armes I never took up Armes against the People but for the Laws Bradsh The command of the Court must be obeyed no Answer will be given to the Charge So the King was guarded forth to Sir Robert Cottons and the Court adjourned to the Painted-Chamber Tuesday twelve a Clock 82. The 3d. daies Trial of His Majesty Tuesday January 23. The Court sate againe seventy three Commissioners present The King brought into the Court sits downe Solicit Cook May it please your Lordship my Lord President This is now the third time that by the great grace and favour of the Court the Prisoner hath been brought to the Bar before any Issue joyned in this Case My Lord I did at the first Court exhibite a Charge against Him containing the highest Treason that ever was wrought on the Theater of England That a King of England trusted to keep the Law that had taken an Oath so to do that had Tribute payed Him for that end should be guilty of a wicked Designe to subvert and destroy our Lawes and introduce an Arbitrary and Tyrannicall Government in defiance of the Parliament and their Authority set up His Sandard for Warre against his Parliament and People and I did humbly pray in behalf of the People of England That he may speedily be required to make an Answer to the Charge but my Lord in stead of making any Answer He did then dispute the Authority of this High Court your Lordship was pleased to give Him a further day to put in His Answer which day being yesterday I did humbly move That He might be required to give a direct and positive Answer either by denying or confessing of it But my Lord He was then pleased to demur to the Jurisdiction of the Court which the Court did then over-rule and command Him to give a direct and positive Answer My Lord besides this great delay of Justice I shall now humbly move your Lordship for speedy Judgement against Him I might presse your Lordship upon the whole That according to the knowne rulâ—s of the Lawes of the Land that if a Prisoner shall stand contumacious in contempt and shall not put in an Issuable Plea guilty or not guilty of the charge given against him whereby he may come to a faire Triall that by an implicite confession it may be taken pro confesso as it hath been done to those who have deserved more favour than the Prisoner at the Bar hath done But besides my Lord I shall humbly presse your Lordship upon the whole fact You see the emnant â—f the House of Comm. had fâ—rejudged the King before they â—rected this new Court to sentence him and claime a Jurisdiction as well as a Sâ—preme Authority That the House of Commons the Supreme Authority and
own such prodigious abuses should happen p. 19. It is said The Kings Revenue by a medium of 7 years was yearly 700000 l. The legall and justifiable Revenue of the Crown fell short of 100000 l. per annum I perceive this is all the Account the Common-wealth is likely to have from the Committee of the Kings Queens and Princes Revenue nor do I know what a pruning-hook that phrase legall Revenue may prove But I conceived all that Q. Elizabeth the Kings Father and Himself received had been His Revenue de jure I am sure it was de facto and the Parliament in their Declarations promised to settle a better Revenue upon Him than any of His Ancestors enjoyed neither did this nor any former Parliament complain that His Purse was grown too full or His Revenue too fulsome and if the Committe of the Revenues had enjoyed no more but their own legal and justifiable Revenue so many of the KING'S Servants and Creditors had not starved for want of their own p. 19. They very much aggravate Monopolies Patente and Projects I wonder they suffer so many Men guilty in that kind to sit in their House old Sir Henry Vane Sir Henry Myldmay Sir John Hypsley Cornelius Holland Laurence Whytakers c. p. 20. 2 Part of Englands New Chains discovered c and the Hunting the Foxes return to s 127. They speak against the Lords Negative Voice but not a word against the Councell of Warres Negative Voice who march up in hostile manner against Parliament and City and secure seclude and drive away 250 Members at one time if they vote any thing contrary to their Interest They speak likewise against the Lords Judiciall power over Commoners but have forgot what unjust and illegal use themselves attempted to make of the Lords jurisdiction against the 11 impeached Members the 4 Aldermen and Citizens p. 21. 1 Part. sect 45. 46 47 48 49 50 51 52 53 54. They excuse their receding from their Declaration of April 1646. they might have minded you of a Vote of a later Date had it made for their turn for Governing the Kingdom by King Lords and Commons To this it is said the King nor Lords could take no advantage thereof being a contract they never consented unto indeed it was never presented to them but I shall ask whether the people may not take advantage thereof for whose satisfaction this was Declared a generall grudge being then amongst them that the Parliament and Army would subvert the ancient Fundamentall Government p. 22 23. They answer an Objection that these great matters ought to be determined in a full House not when many Members are excluded by force and the priviledges so highly broker and those who are permitted to sit do act under a force To this is answered how truly let any man that hath read our Histories tell That few Parliaments have acted but some force or other hath been upon them I wonder they did not argue thus for the silly Tumult of Apprentices for Breach of Priviledges of Parliament They Answer It will not be charged upon the remaining party or to have been within their power to prevent it or repair it to this I reply that it is doubted the remaining party being the Army party contrived it in their Junto at Somerset-house for p. 23. it is acknowledged they called and appointed the Army for their Guard which was not openly done by a full House it must be therefore secretly done by a party See many Reasons for this conjecture before Sect. 24. Farther they say That the safety of the Kingdom ought to be preferred before priviledge of Parliament and that if their House had declined their dutie viz by not Acting they had resigned up all to ruine and confusion from whence should this ruine and confusion come but from their own Army which they perpetuate to eat up the Kingdom and continue their own power and profit and I wonder they did not use the same moderation after that childish Tumult of Apprentices but Declared all Acts c. passed from 26. July which day the Tumult began and ended to the 6. August null and void And endeavoured to make the very sitting of the Members and the Citizens obeying to the said Orders though no Judges of the force Treasonable they deny they sit now under a force the Army being their best friends called by them for their safety Indeed it is generally thought the Army and this remnant of the House of Commons are as good Friends and Brethren as Simeon and Levi Pilate and Herod were and were called to secure the Members and purge the House yet if the remaining party should Vote contrary to the Dictates of the Councell of War Quaere 2 Part of Englands New Chains and the Hunting the Foxes c. Whether they will not be used as uncivilly as the secured Members nay worse by being called to account for cousening the State p. 24. They say There is a cleer consistencie of our Laws with the present Government of a Republique I desire to know who by our Law can call or bold a Parliament but the KING who is Principium Caput Finis Parliamenti who is the fountain of Justice Honour Peace when we have no King who is Conservator of the Laws and Protector of the people where is the Supreme Authority to Vote it in their own case to be in a Representative of 50 or 60 Commons without legall proofs or precedents is to lead Mens reason captive as well as their Persons and Estates to impose an implicite faith upon Man not to use discourse and reason against their Votes is to take Man out of Man to deny him his definition Animal rationale to whom doth the Subject owe Allegiance and where is the Majesty of England when there is no King for all Treason is Crimen laesae majestatis contra debitam ligeanciam Therefore where by the known Laws no Allegiance is there is no Treason Lastly if our present Laws be so consistent with the Republique I desire to know why they did not Trie the 4 Lords legally at the Common Law by their Peers and Sir John Owen by a Jury of 12 Men of the Neighbourhood according to Magna Charta and other good Laws but were faine to put a Legislative Trick upon them and erect such a Court for the Triall of them as was never heard of in England before nor hath no place in our Government They conclude p. 26. That as they have not intermedled with the affairs and Government of other States so they hope none will intermeddle with them This assertion is as true as the rest it being well known that for about 3. years last pass'd they have boasted That they have many Agents in France who under colour of Merchandise vent Antimonarchicall and Anarchicall Tenents and sow seeds of Popular Liberty amongst the poor Peasants and Huguenots of France which they brag prospered well there their very
and I pray God that all the mischiefs of the remaining Achitophel's Shimei's and Rabshakeh's may fall upon their own heads but peace happiness and prosperity may waite on our Solomon that he may be blessed and his throne be established before the Lord for ever To Conclude As your Loyalty in the worst oftentimes hath been signal if in nothing else yet in sufferings so dispise not to read this tractate wherein I dare presume you will find something which before you knew not the work ' its true is short but will not I hope want substance inest enim sua gratia parvis and to remember these things certainly cannot be irksome Saepe recordari medicamine melius omni to see and escape danger causeth not only admiration but pleasure which that you may receive with content by the perusall hereof is desired I shall only add one word in particular first to the Nobility You are Right Honourable Princes in the Congregation of our Israel Men of renown exemplarily both in your names and honours Be as eminent in service for your Prince as obliged to him for favours that it may be recorded of you as it is of Davids Worthies These are the mighty men which David had who strengthened themselves with him in his Kingdom according to the word of the Lord. 2. To the Gentry You are they whom Jethro counselled Moses to provide out of all the people to assist him and be mediatours between Prince and People approve your selves according to that counsel to be able men such as fear God men of truth and hating covetousness so shall the Lord give a blessing as he hath promised 3. To the Clergy God hath made you as a Beacon upon an hill that you might forewarn Israel of her sins ye are the salt of the Earth while you preach to others be not your selves cast away but in season and out of season labour labour to declare Christ not of contention and strife but sowe the word to effect that fruit may grow thereby And lastly to the Commons who are tumidum instabile vulgus I shall only wish that they will labour for peace and according to their Royal Princes dictate in his late Declaration concerning Ecclesiasticall affairs acquiesce in his condescentions concerning the differences which have so much disquieted the Sate by which endeavour all good Subjects will by Gods blessing enjoy as great a measure of felicity as this Nation hath ever done which is the earnest prayer of No. 2. 1660. Your c. T. M. THE HISTORY OF Independency The Fourth and Last part THE former parts of this Book having traced the prevalent and strong Factions of Presbyterian and Independent The Proeme through the several devious pathes wherein they marched and with what devillish cunning they did each endeavour to be greatest by surprising or at least undermining the other until at last they unriveted the very foundations of Government by the execrable murther of their undoubtedly lawful Soveraign a crime so abhorred that it is even inexpiable not to be purged with sacrifice for ever I say these things having received so lively a delineation in the former parts shall need no new recitalls I shall then begin at the end thereof which was when the sacred Reliques of betrayed Majesty specie justitiae received a fatal stroke from blood-thirsty hands neither able to protect it self or be a shadow and Asylum for rejected Truth and unspotted Loyalty Thus in an unsetled and confused posture stood poor England when the Sceptre departed from Israel and the Royal Lyon was not only robbed of his prey but his Life which Barbarism once committed what did the Independent Faction now grown chief ever after stick at Having tasted Royal Blood the Blood of Nobles seemed but a small thing to which end and to heighten and perfect their begun villanies they erect another High Court of Justice Lords H. H. C. tryed for the Tryal of James Earl of Cambridge Henry Earl of Holland George Lord Goring Arthur Lord Capell and Sir John Owen Knight whereof that Horsleech of Hell John Bradshaw was also President who with sixty two more as honest men as himself by a Warrant under the hands of Luke Robinson Nicholas Love and J. Sarland summoned for that purpose did accordingly appear upon Munday the fifth day of February 1648. for the putting in Execution an Act of Parliament as they called it for the erecting of an High Court of Justice for the trying and adjudging the Earls and Lords aforesaid with whom according to their fore-settled resolution making short work for they would admit of no plea of the five they presently condemned three to lose their heads on a scaffold in the Pallace-yard at Westminster Lords condemned on Friday the ninth day of March which day being come about ten of the clock that Morning Lieutenant Collonel Beecher came with his Order to the several Prisoners at S. James's requiring them to come away from whence they were immediately hurried in Sedans with a strong guard to Sir Thomas Cottons house at Westminster where they continued about two hours spending the whole time in holy devotion and religious exercises After which the Earl of Cambridge preparing first for the Scaffold after mutual embraces and some short parting expressions to and for his fellow-sufferers he took his leave and went along with the Officers attended on by Dr. Sibbalds whom he had chosen for his Comforter in his sad condition Being arrived at the Scaffold and seeing several Regiments both of horse and foot drawn up in the place after he had waited a little while with a fruitless hope and expectation of receiving some comfortable news from the Earl of Denbigh who was his Brother having sent for his Servant who being returned and having delivered his Message to the Earl of Cambridge privately he said So It is done now Hamiltons speech at his death and turning to the front of the Scaffold he spake to this effect That he desired not to speak much but being by providence brought to that place he declared to the Sheriff that the matter he suffered for as being a Traytor to the kingdom of England he was not guilty of having done what he did by the command of the Parliament of his own Countrey whom he durst not disobey they being satisfyed with tbe justnesse of their procedure and himself by the commands by them laid upon him and acknowledging that he had many wayes deserved a worldly punishment yet he hoped through Christ to obtain remission of his sins That he had from his Infancy professed the same Religion established by Law in the land That whereas he had been aspersed for evil intents towards the King all his actions being hypocritically disguised to advance his own self-interest hereto he protested his innocency professing he had reason to love the King as he was his King and had been his Master with other words to the same effect That as to the
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.
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
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
rich office of Register of the Chancery as a reward for his double diligence Oh Sergeant Wild and Mr. Steel despair not of a reward Friday 27 Sep. t the advice of Sir Thomas Fairfax and his Council of War was read in the House of Commons 55. Establishment for the Army What standing forces they ought to keep up in England and Wales and what Garrisons also what forces to send for Ireland namely for Ireland 6000 foot and 2400 horse out of the supernumerary loose forces being no part of the Army and for England upon established pay 18000 foot at 8 d. per diem 7200 horse at 2 s. per diem each Trooper 1000 Dragoons and 200 Fire locks Train of Artillery Arms and Ammunition to be supplied The foot to be kept in Garrisons yet so that 6000 may be readily drawn into the Field The Independent party argued that the Army were unwilling to go for Ireland pretending their engagement to the contrary If you divide or disband any part of your Army they will suspect you have taken up your old resolution against them to disband the whole Army it is now no time to discontent them when the Kings Answers to your Propositions tend to divide you and your Army and the people are generally disaffected to you The Presbyterian Party argued that the engagement of the Army ought to be no rule to the Counsels of the Parliament otherwise new engagements every day may prescribe the Parliament new Rules we must look two wayes 1 Upon the people unable to bear the burthen 2. Upon the Army Let us keep some power in our own hands and not descend so far below the dignity of a Parliament as to put all into the hands of the General and his Council of War You have almost given away all already The Army adviseth you to keep up your Garrisons then upon mature deliberation this House formerly Voted you have already made Garrisons manned with gallant and faithfull men to whom you owe Arrears to remove them and place new Souldiers in their rooms will neither please them nor the places wheâ—e they are quartered who being acquainted with their old guests will not willingly receive new in their rooms These men have done you as good and faithfull service as any in the Army and were ready to obey you and go for Ireland had they not been hindered by those who under pretence of an engagement to the contrary which they mutinously entred into will neither obey you nor go for Ireland nor suffer others to go Though you discharge these men without paying their Arrears which others of â—ther principles will not endure yet give them good words If you will be served by none but such as are of your new principles yet consider your Army are not all alike principled and peradventure the old principles may be as good as the new for publick though not so fit for private designs and purposes You have passed an Ordinance That none that have born Arms against the Parliament shall be imployed if you disband all such your Army will be very thin many have entred into pay there in order to do the King service and bring the Parliament low There is no reason you should keep up 1400 horse more than you last voted to keep up being but 5800 at which time 60000 l. a Month was thought an establishment sufficient both for England and Ireland But now the whole charge of England and Ireland will amount to 114000 l. a month which must be raised upon the people either directly and oâ—enly by way of sessement or indirectly and closely partly by sessements partly by free-quarter other devices nor will the pay of 2 s. per diem to each Trooper and 8 d. to each foot Souldier enable them to pay their quarters If you mean to govern by the Sword your Army is too little if by the Laws and justice of the Land and love of the people your Army is too great you can never pay them which will occasion mutinies in the Army and ruine to the Country Thus disputed the Presbyterians but to no purpose it was carried against them Observe that when the War was at the highest the monthly tax came but to 54000 l. yet had we then the Earl of Essex's Army Sir William Waller's My Lord of Denbigh's M. Gen. Poyntz's M. Gen. Massey's Maj. Gen. Laughorn's Sir William Brereton's Sir Th. Middleton's Brigades and other forces in the field besides Garrisons But now this Army hath 60000 l. a month 56. Monthly taxes and 20000 l. a month more pretended for Ireland which running all through the fingers of the Committee of the Army That Kingdom which is purposely kept in a starving condition to break the Lo. Inchequins Army 57. Ireland why kept in a starving condition that Ireland may be a receptacle for the Saints against England spews them forth hath nothing but the envy of it the sole benefit going to this Army This 20000 l. a month being a secret unknown to the common Souldiers the Grandees of the Army put it in their own purses Moreover this Army hath still a kind of free quarter under colour of lodging fire and candle for who sees not that these masterless guests upon that interest continued in our houses do and will become Masters of all the rest and who dares ask money for quarter of them or accept it when it is colourably offered without fear of farther harm besides the Army whose requests are now become Commands demanded that they might have the leavying of this Tax and that their accounts might be audited at the Head-quarters and though the Officers of this Army to catch the peoples affections encouraged them often to Petion the Houses against Free-quarter pretending they would forbear it after an establishment setled upon them the use their party in the House made of these Petitions was to move for an Addition of 20000 l. or 30000 l. a month and then they should pay their quarters lodging fire and candle nay stable-room too excepted Here it is not amiss to insert a word or two of this villanous oppression Free-quarter 58. Free-quarter whereby we are reduced to the condition of conquered Slaves no man being Master of his own Family but living like Bond-slaves in their own Houses under these Aegyptian Task-masters who are spies and intelligencers upon our words and deeds so that every mans table is become a snare to him In the third year of King CHARLS the Lords and Commons in their Petition of Right when not above 2000. or 3000. Souldiers were thinly quartered upon the people but for a month or two complained thereof to his Majesty as a great grievance contrary to the Laws and Customes of the Realm and humbly prayed as their right and Liberty according to the Laws and Statutes of this Kingdom that he would remove them and that his people might not be so burchened in time to come which his Majesty
of one and the same desperate way of cure may joyntly have the same friends and foes and the same sins and quarrels to defend 8. Friday 16 June 1648. I was told the Committee of Derby house had lately received a Letter from Col. Hammond Governour of Carisbrook Castle informing them That unlesse they supplied him with Mony and Men he could give no good account of the King in case the Revolted ships should attempt his rescue and farther That he had matters of great importance to communicate to them but durst not commit them to Paper but if they would send for him up or send a Confident of theirs to him he would impart them This may probably be the businesse whereof Osburne gives information in his said Letters and it may be Mr. Walker had heard of this report in the Hall as well as my self and might have the same conceit of it that I have if it be lawfull for me to take measure of another mans judgement by my own 9. Lastly who knows whether a powerfull desperate party may have a design to take away the Kings life and then declare his two eldest Sons uncapable of Government supposing they deserted the Kingdom and invited forreign States to invade it and then Crown the Duke of Gloucester and so abusing his tender years usurp the protection of him and under colour of that authority establish by degrees their own usurpation and the peoples slavery having subdued their spirits by a long and customary bondage under them and having filled all places of power profit and preferment in the Kingdom with men of their own principles and Interests their own creatures and Confidents This Army last April in their Council amongst other things debated The Deposing of the KING why not murdering as well since few Kings are deposed and not murdered Dis-inheriting the PRINCE and Crowning the DVKE of YORK which was then approved of by Cromwell and Ireton Why may they not now dis-inherit both the elder Sons and Crown the Duke of Gloucester as well See the excellent Remonstrance of the Colchester Knights and Gentlemen 1648. which I have Printed herewith for your satisfaction That some such design might be to make away the KING and dis-inherit the PRINCE may well be suspected because the 12. day of July upon information That the Prince had sent into England some Blank Commissions to List men Weaver an Implement of the Army and Son to an Ale-house-keeper in Wilish moved the House of Commons to Vote the Prince a Traytor c. And I hear that Mr. Solicitor contrary to his Oath and duty of his place refuseth to be of Council against the said Rolf this Gentleman the Solicitor hath got above 300000 l. by keeping open shop to sell the cruell mercies of the new Great Seal to the Royalists 97. Trinity-house Petition for a Personal Treaty The 29. June A Petition was delivered the House of Commons from the Masters of Trinity-house Masters and Captains of Ships and Sea-men for a Personal Treaty with the KING declaring the great decay of trade to the undoing of many thousand families and that they would not fight against the revolted ships their Brethren who desired but the same things with thâ—â— Tho. Scot said That the Surrey-men first delivered a Petition for a Personal Treaty which was seconded by the Kentish-men in Armes and they by the City of London that all this was a design to ruine the Godly party That he had read of a Man who being asked when he was young Why he did not marry Answered It was too soon and being asked the same question when he was old Answered it was too late So he was of opinion there could be no time seasonable for a personal Treaty or a Peace with so perfidious and implacable a Prince but it would always be too soon or too late He that draws his sword upon his King must throw his Scabbard into the fire All peace with him will prove the spoil of the Godly To which was Answered That some men got well by fishing in troubled waters and accounted peace their spoil because war was their gain and they looked upon a Personal Treaty as a design against them under the notion of the Godly Honest Confiding party because a Personal Treaty was the high way to peace But the generality of the people who were despoyled of their Estates by the War resolved upon a Personal Treaty without which there is no hope of Peace they would no longer be made fuel to that fire wherein these Salamanders live nor any longer feed those Horse-leeches the Army their engaged party and Servants with their blood and marrow It now appears who desire a new War namely those Zealots who supply their indigent fortunes by War These men fear peace doubting they shall be forced to disgorge what they have swallowed in time of War Ven Miles Corbet Hill the petty Lawyer of Haberdashers hall the two Ashes Col. Harvy and many other thriving Saints opposed a Personal Treaty so their Petition had no successe I hear that not many days after the Committee of Derby house to take off this affront imployed Col. Rainsborough the quondam Neptune of our Seas to go up and down and solicit the Common sort of Marriners to subscribe and present the House of Commons with a counter Petition wherein they offered to live and die with the Parliament c. and that Rainsborough gave 12 d. a piece to as many as subscribed it This Petition was delivered The 2 of July 98. The City Petitions for a personal Treaty and after that upon occasion of the City Petition for a Personal Treaty in London upon the 5 of July the House of Commons again took into debate a Personal Treaty They spent much time upon the place where 1. Whether in the Isle of Wight which the Independents principally affected 2. Holdenby which they next inclined unto 3. Or any his Houses not nearer than 10 miles of London at his own choice 4. Or in the City of London Which two last places the Presbyterians approved of but chiefly London for London it was argued That the Common Council and Officers of the Souldiery would undertake for His safety against all Tumults In any other place he would be within the power of the Army who might probably take him away again as they did at Holdenby if they liked not the manner and matter of the Treaty London was a place of most Honor Safety and Freedom and would best satisfie the KING the Scots the people In all other places especially the Isle of Wight He would be still a prisoner to the Army and therefore all he should agree to would be void by reason of Dures Sergeant Wylde Answered That Custodia did not always in Law signifie Imprisonment Though He was under restraint of the Army He was not in Prison making a wyld kind of nonsense difference between Restraint and Legal Imprisonment which all but himself laughed at
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
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
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
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
Religion Lawes and Liberties of the Land the Kings Person and Authority the being of Parliaments against the Tyrannicall and Treasonable practises of the Army and their House of Commons The small remnant of the House of Commons sent sundry times to the Generall to know why be Imprisoned their Members 24. Reasons proving that the remaining faction or Iunto sitting under the force of the Army were consenting to the securing secluding their Members sect 134. 135. and humbly to beseech him to set them at liberty if he had nothing against them But all this was but prevarication and false shews for 1. Their base and conditionall way of demanding their Liberty if he had nothing against them implies an acknowledgement of the Generalls jurisdiction and conusance over them and an invitation of him to accuse them 2. Their sitting and acting under so brutish a force before their Members righted or the honour of the House vindicated is a deserting and yielding up of their Members honour 3. Their Voting an approbation of the matter of the Generall Officers scandalous and jugling Answer to their said Demands concerning the secured and secluded Members as afterwards they did without hearing what the said Members could say for themselves is cleerly a fore-judging and bâ—traying them 4. Their late Votes That no man shall peruse their Journall Book of Orders c. without speciall leave is purposely done to barre the said Members who cannot make any perfect Answer in confutation of the Scandals cast upon them by the General Councels printed Libel against them without having recourse to the said Book to see what Votes passed for Iâ—eland for the 200000 l. and other matters To say nothing how unusefull and unjust it is to keep the Records of the House from the view and knowledge of any man yet to expect their obedience to them 5. Their exceeding strict and severe prohibiting the printing any Books not Licenced and imploying Souldiers to Search all Printing Houses daily is done in order to barre the said accused Members from publishing an Answer in their justification 6. Their Summoning Mr. Pryn by order to appear at the Commons Barre knowing him to be still a Prisoner to the Army shews that the Army and they serve each others turns against them 7. And Lastly the Declaration of the present House of Commons dated Jan. 15. 1648. is nothing but an eccho of the said answer of the Generall Councell against the said secured and secluded Members They that are so wickedly industrious to destroy these Gentlemens credits do this as a preparative to destroy their Persons and seize upon their Estates for the maintenance of a new War which they foresee their violent courses will bring upon them and for the farther inriching of themselves and establishing their Tyranny which they miscall The Liberty of the People This violent purge wrought so strongly upon the House and brought it to that weakness that ever since it is eleven or twelve of the clock before they can get forty Members together to make an House of which number they sometimes fail One time the Members would have had the Speaker go on upon businesses with a less number than forty but he knowing all so done to be illegall and void refused and yet to piece up the House they permit Mr. Blagrave Mr Frye and Humphry Edwards to sit as Members notwithstanding their Elections are Voted void by the Committee of Elections and one day an Officer of the Army having taken some Members going to the House and secured them in the Tobacco Room under Guard The Speaker not being able to muster enough to make a House was fain to send to the said Officer to lend him his said Prisoners to make up a Free Parliament This disgrace put upon the Imprisoned Members is purposely intended as an Invitation to all their Enemies to come in and accuse them nay it can be proved that means hath been used to suborn Witnesses against them besides which the Faction have made a strict Inquisition into their lives and conversations and have hitherto met with nothing 25. The day after the House purged in comes Dr. Cromwell and Henry Martin his Apothecary Thus the House being throughly purged the next day in comes the Dr. O. Cromwel out of the Country bringing in under his Protection that sanctified Member Henry Martin who had spent much time in plundering the Country had often baffled the House and disobeyed many of their Orders sufficient to have made an honest man a Malignant liable to Sequestration But great is the priviledge of the Saints It fortuned that day the case of the secured Members was reported to the House which Harry interrupting desired them to take into consideration the deserts of the Lieutenant General which with all slavish diligence was presently done And the Speaker moved that to morrow might be a day of Humiliation to be kept in the House to humble the Spirits of the Godly much overleavened with the Scotish Victory That you may the better understand how farre they mean to be humbled Hugh Peters the Pulpit-Buffon was one of their Chaplains who in stead of delivering the Oracles of God delivered the Oracles of the Councell of Warre to them talking obscurely of Accommodation and Moderation and advising them to adjourn till Munday or Tuesday I think that the Army might cut out work for these Journey-men of theirs and might work their wills upon the City in the mean time when no House should be sitting for the Citizens to addresse their Complaints to for in the interim they Garrisoned Black Fryars and S. Pauls reforming it from the Church of God to a Den of Thieves Stable of Horses and Brothell of Whores and Robbed diverse Halls in London of vast sums of money by the prerogative royall of the Saints The 11. day of Decemb. 1648. 26 A declaration of the secured and secluded Members against the violence of the Army the said secured Members published a printed Paper as followeth A solemn Protestation of the imprisoned and secluded Members of the Commons House Against the horrid force and violence of the Officers and Souldiers of the Army on Wednesday and Thursday last the 6. and 7. of Decemb. 1648. WE the Knights Citizens and Burgesses of the Commons House of Parliament above one hundred in number forcibly seized upon violently kept out of the House by the Officers and Souldiers of the Army under Thomas Lord Fairfax coming thither to discharge our duties on Wednesday and Thursday last being the 6. and 7. of this instant December do hereby in our Names and in the Names if the respective Counties Cities and Burroughs for which we serve and of all the Commons of England solemnly protest and declare to the whole Kingdom That this execrable force and open violence upon our Persons and the whole House of Commons by the Officers and Army under their command in marching up against their command and placing
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
it his interest to incroach upon the just freedom and liberty of the people and to promote the setting up of their own will and power above the Laws that so they might enslave these Kingdoms to their own Lust * * But in a Councel of State of forty Tyrants sitting under the protection and awe of Oliver Be it therefore Enacted and Ordained by this present Parliament and by Authority of the same That the Office of a King in this Nation shall not henceforth reside in or be exercised by any one single Person and that no one person whatsoever shall or may have or hold the Office Stile Dignity Power or Authority of King of the said Kingdoms and Dominions or any of them or of the Prince of Wales Any Law Statute Vsage or Custome to the contrary thereof in any wise notwithstanding And it is hereby Enacted That if any person or persons shall endeavour to attempt by force of Armes or otherwise or be aiding assisting câ—mforting or abetting unto any person or persons that shall by any wayes or means whatsoever endeavour or attempt the reviving or setting up again of any pretended Right of the said Charles eldest Son to the said late King James called Duke of York or of any other the Issue and Posterity of the said late King or of any person or persons claiming under him or them to the said Regal Office Stile Dignity or Authority or to be Prince of Wales or the promoting of any one person whatsoever to the Name Stile Dignity Power Prerogative or Authority of King of England and Ireland and Dominions aforesaid or any of them That then every such offence shall be deemed and adjudged High-Treason High Treason is what these Legislative Thieves list to make it an Arbitary crime notwithstanding the Stat. 25 Ed. 3. for limiting and ascertaining of Treasons for security of the people Tiberius and Nero's days are fallen upon us Of which Tacitus Ingens crimen divitiae complementum omnium accusationum laesa majestas and the Offenders therein their Counsellors Procurers Aiders and Abettors being convicted of the said offence or any of them shall be deemed and adjudged Traytors against the Parliament and People of England and shall suffer lose and forfeit and have such like and the same pains forfeitures judgements and execution as is used in case of High Treason And whereas by the abolition of the Kingly Office provided for in this Act a most happy way is made for this Nation if God see it good to return to its just and antient right of being Governed by its own Representatives or National meetings in Councel * * When was England governed by their own Representative or had any other regliment then Kings But what the Legislative Conventicle declares we must believe though contrary to our knowledge They will lead our Faith and Reason in a string or have our necks in a halter A period to this Parliament and leave the Supream power in the Councel of State a design long since attempted See First and Second Part of Englands New Chains and the Hunting of the Foxes No obedience is due by Law to them which takes no notice of this form of Government from time to time chosen and entrusted for that purpose by the People It is therefore Resolved and Declared by the Commons assembled in Parliament that they will put a period to the sitting of this present Parliament and dissolve the same so soon as may possibly stand with the safety of the people that hath betrusted them and with what is absolutely necessary for the preserving and upholding the Government now setled in the way of a Common-wealth and that they will carefully provide for the certain chusing meeting and sitting of the next and future Representatives with such other circumstances of freedom in choice and equality in distribution of Members to be elected thereunto as shall most conduce to the lasting freedom and good of this Common-wealth And it is hereby further Enacted and Declared notwithstanding any thing contained in this Act no person or persons of what condition and quality soever within the Common-wealth of England and Ireland Dominion of Wales the Islands of Guernsey and Jersey and Town of Berwick upon Tweed shall be discharged from the obedience and subjection which he and they owe to the Government of this Nation as it is now Declared but all and every of them shall in all things render and perform the same as of right is due unto the Supreme Authority hereby declared to reside in this and the successive Representatives of the People of this Nation and in them onely 132. An Act for abolishing the House of Peers More New lights new discoveries made by forty or fifty Ignis satui gross fiery Meteors remaining in the House of Commons About the same time they passed another Act for Abolishing the House of Peers to this purpose THe Commons of England assembled in Parliam nt finding by too long experience that the House of Lords is useless and dangerous to the People of England to be continued have thought fit to Ordain and Enact and be it Ordained and Enacted by this present Parliament and by the Authority of the same That from henceforth the House of Lords in Parliament shall be and is hereby wholly abolished and taken away and that the Lords shall not from henceforth meet or sit in the said House called the Lords House or iâ— any other House or place whatsoever as a House of Lords nor shall sit vote advise adjudge or determine of any matter or thing whatsoever as a House of Lords in Parliament Nevertheless it is hereby Declared That neither such Lords as have demeaned themselves with honour courage Fidelity to the Common wealth nor their Posterities who shall so continue shall be excluded from the publike Councels of the Nation but shall be admitted thereunto and have their free Vote in Parliament if they shall be thereunto elected as other persons of Interest elected and qualified thereunto ought to have And be it further Ordained and Enacted by the Authority aforesaid that no Peer of this Land not being elected qualified and sitting in Parliament as aforesaid shall claim have or make use of any Priviledge of Parliament either in relation to his person quality or estate any Laws Vsage or Custome to the contrary notwithstanding And to lessen the amazement of the People the same day they passed and ordered to be printed * 133. A Declaration of the Commons to shew the Reasons of their said proceedings The State is Free but the people Slaves as a Galley is free but the Rowers Slaves 1 part 72 73. See these Books A full Answer to an Infamous Pamphlet Intituled A Declaration of the Commons of England The Charge against the King discharged The Royal and Royalists Plea King Charles vindicated c. And his Majesties last Book or Pourtraicture and His Maj. Gracious Messages for
Peace a Book called A Declaration of the Parliament of England expressing the grounds of their late proceedings and of setling the present Government in the way of a Free State when they formerly passed the 4. Votes for no more Addresses to our late King they seconded it with a Declaration to shew the Reasons of those Votes wherein they set forth no new matter but what they had formerly in parcels objected against Him and yet they have since that time made Addresses to â—im and both taken and caused others to take the Oaths of Allegiance and Supremacy and the Protestation Covenant to defend his person and Authority c. And in this Declaration there is no new Objection of moment but what is contained in the former Declarations against Him and as I looked upon the first Declaration as a Prologue so I look upon this last as the Epilogue to His Majesties Tragedy The whole matter of charge in both of them hath been sufficiently answered in several Books and either confuted or justified to which I refer the Reader whom I will only trouble with some few short Observations of my own upon it p. 5. The Parliament in imitation of their Masters the Councel of Officers pretend a necessity to change the fundamental Government into a Free-State to prevent Tyranny Injustice and War c. I doubt rather to promote them It affirmeth p. 15 16. That Offices of Inheritance are forfeited by Breach of Trust a condition annexed to every Office and seems to imply as much of the Kingly Office but this Pen-man had forgot that by the Law the Crown takes away all defects and the King being Supreme Head and Governour over all Persons and in all Causes it were absurd to make Him accountable to any Authority for in such case that Authority would be Supreme to Him and so erect two Supremes one jarring and interferring with the other which in Law and Policy is as absurd as to suppose two Almighties or Infinities in Divinity which cannot be for that one Infinity would terminate another Impossibile esse plura Infinite See Greg Thâ—losanus l. pol. 1. Keckerin Sistema pol. l. 1. Conezenii l. politic 1. Ã c. 17 ad c. 25. and many good Authors quoted by him Moecenalis orationem ad Augustum apud Dionem Cassium quoniam alterum esset in altero finitum saith Cusanus pag. 16. The Declarers play the Orators in behalf of the felicity of Government by Free-States rather than by Kings and Princes This is a spacious field to walk in I will onely cite some learned Authors living in Republiques of a contrary opinion and send my Readers to them for their Arguments It applauds the prosperitie and good Government of the Switz which I think was never commâ—nded before a gross-witted People living in a confused way of Government where virtue and industry find no reward the Rich become a daily prey to the poor and their popular Tribunes who uphold their credits by calumniating the wealthy and confiscating or sequestring their Estates the best wealth of this Nation is Pensions from Neighbour Princes to whom they let their Bloud to Hire and become Mercenaries many times to the extream dammage and if their Country were worth subduing danger of the State For Venice it is an Aristocracie if not Oligarchy of many petty Kings so burdensome to all their Subjects upon Terra firma that they dare not trust them without Citadels to keep them under they never confide in any of their number or Natives to be Commander in Chief of their Land Forces fearing to be tyrannized over by a Cromwell or an Ireton or by some property subordinate to them in all but Title The Morlachy and many Inhabitants of Dalmatia and Candia have lately preferred the Turkish Government before theirs As for the Low-Countries their neerest example peruse Bernavelt's Apologie and many good Histories For Rome from their Regifugium they were never free from Civill Warres cecessious Tumults and changes of Government first to Patrician Consuls Regia potestate then to promiscuous Consuls Plebeyans as well as Patritians with popular Tribunes to controule them then to Decemviri legibus Scribendis then to Tribuni militares consulari potestate Dictators upon all speciall occasions sometimes an Aristocracy sometimes a Democracie between two Factions Patritian and Plebeyan And never could that unhappy Idoll of the multitude Libertie find any time of setled rest and Government untill their giddy Republique was overthrown by Julius Caesar and turned into a Monarchie by Augustus which approved Cratippus saying Vitiosum Reipub statum exigere Monarchiam and then and not till then Rome came to his height of Glory See some Authorities cited verbatim in the first Page and Dominion and continued so a long time sometimes empayred by the vices of some Emperors and sometimes repayred by the virtues of others he that reads Livy and Tully's Orations with many other Authors shall find how infinite corrupt the People were both in making and executing Laws in dispensing Justice both Distributive and Commutative what Complaints that their comitia were venalia what Bulwarks they were fain to erect against the ambition and covetousness of their Great men Leges Ambitus leges Repetundarum peculatus all to no purpose the great abuse of Solicitors and Undertakers in every Trybesto contracte for suffrages the Domestick use of their Nomenclators their Prehensations Invitations Client ships their kissings and shaking hands even from the greatest Personages prostituted to every Cobler and Tinker their costly publique Shews and spectacles to woe the Rabble he that reads observingly shall find that ambition and covetousness nurses of all corruption were the best part of the wisdom and industry of that Republique untill it came to be a Monarchie and shall farther find that those corrupt manners and customs which the People from the highest to the lowest had contracted during the severall licentious Alterations of their Common-wealth from one form of Republique to another were like a second nature not to be corrected by the better discipline of a Monarchie and at last occasioned the ruine of that Monarchie together with the desolation of that Nation which shews that Monarchie with which their Nation began was their naturall and genuine Government when it could not be taken away sine interitu subjecti without the ruine of the whole subject matter p. 11. It is said It hath been latelie computed that the Court purveyances notwithstanding many good Laws to the contrary cost the Countrie more in one year than their Assesments to the Army what above 100000 l. a month when the charge of the KING' 's House-keeping came but to 50000 l. a year I speak not of Wages and Pensions I know not who should make this computation unless old Sir Hen. Vane and his Man Cornelius Holland the latter of which was turned out of his Office in the Green-cloth for abusing this Place not in whose time of employment unless their
be again set and knit together Dictum de Kennelworth None to be Dis-inherited but onely fined As namely Those 1. That began and continued in War 2. That held Northampton against the King 3. That fought against him at Lewis Evesham Chesterfeild 4. That were taken at Kenilworth 5. That sacked Winchester being yet unpardoned 6. That voluntary sent against him or the Prince 7. The officers of the Earl of Leicesters who molested their Neighbours with Rapine Fire Murder or otherwise to pay in three years five years value and half their estates of Land If they sell it such as are by the Kings grant possessed of them to have them giving as any other c. and so if it be to be Let those who pay the whole to have all instantly and that pay half to have half If in three years the whole be unpaid the Land to be divided between him that ows it and him to whom the King hath given it If any have Woods by sale of which he would pay his Fine the money to be paid by two of which either side to chuse one 2. Knights and Esquires who during the War have enriched themselves by Rapine having no Land to pay half their goods and be bound with Sureties to the peace if no goods be acquitted by Oath exceptis bannitis quibus solus Rex potest remittere 3. Lords of Wards to pay for them and be answered by their Wards when they come to age which if they accept not the Wardship to accrue to such as the King hath given the Ransome to and they to be so answered 4. The Kings Wards to remain where they are placed and be Ransomed as others but without destruction 5. Such as were with the King before the battel of Lewis and since are Dis-inherited His Majesty to declare his pleasure touching them 6. No man possest of wood to fell any but onely for repair till the last day of payment be passed and not observed 7. The King and the Popes Legate to send beyond sea for a time such as are likely to trouble the peace of the Kingdome which if it hindered the paying of their Ransome not for that to be Dis-inherited 8. Such as were grieved with this Agreement might appeal to the Kings Court before S. Hilary and such as were beyond sea to have inducias transmarinas 9. Because the King was to reward many and some had too much the King out of the Fines to provide for them 10. The Legate King and Henry d'Almain to Elect twelve who should eause these Articles to be executed and to see performed what they ordain according to the estimates already taken or if not to have new rates taken reasonable and true 11. Tenents that were against the King to lose their Leases but at the expiration of their time the Land to return to the true owner 12. Forts built by the assent of the King but without that of the Person dis-inherited after the Fine paid in three years to pay the costs of building of it in six years or receive a reasonable exchange in Land 13. Such of the Lay as apparently drew any to the part of the Earl of Leicester to pay two years Revenue 14. The Buyers of other mens goods wittingly to restore the value of that they have bought and be at the Kings mercy because that they did was against justice 15. Those that at the Earls command entred Northampton yet fought not but entred the Church 16. Such as held not of the Earl yet at his command entred to the action with him to pay half one years Revenue 17. Such as held of the Earl to be only at the Kings mercy 18. Impotent persons and such as did nothing to be restored to their Possessions and by justice recover their damages their Accusers punish'd by Law yet without loss of life or limb 19. Maliciously accused to have their Estates immediately restored 20. Women to have their own Lands and what they had of their first Husbands if their late Husbands were against the King to be restored according to Law or Fined 21. None to be fined but such as were against the King 22. Such as have been pardoned to remain so 23. Those that are fined to answer no Loss done to any but all damages to be remitted on every side except those that intermedled not and of the Church whose actions are saved 24. The King by reasonable Exchange to receive the Castles of Erdsley-Bishop and Chartley it seeming dangerous to leave Forts in their hands who have carried themselves ill towards the King 25. Those that in the future shall commit any outrages to be punished by Law 26. An Oath to be taken where it shall be held convenient not to pursue each other with revenge and if any shall attempt the contrary to be punished according to Law 27. The Church to be satisfied by those that injured it 28. Such of the Dis-inherited as refuse this Composition to have no Title to their Estates and to be esteemed publick Enemies to the King and Kingdome 29. Prisoners to be freed by the advice of the King and Legate 30. No Person to be Dis-inherited by reason of these Troubles by any to whom he ought to Succeed You see what great care was here taken to prevent spoyl and waste of Woods c. whereas in this latter Age the first thing taken into consideration is how to raise ready Money by destruction of Woods Housing and selling of the Stock to lay the Lands waste and decay Husbandry to the endangering of a Famine for the present and the Dis-inheriting our innocent Posterity for the future so little care is taken to keep that well which is so ill and illegally gotten And how much regard was had to preserve innocent Persons from suffering wrong in any just claim or Title they could make to any Land possessed by a guilty Person whether they claimed by Dower Joynture Title or Estate in Reversion or Remainder or otherwise I wish the like justice were now observed Monday night 4. June 178. The loss of Ships at Kingsale suppressed and misreported in the House and why 1649. that third part of a Lord Admiral Col. Edw. â—opham came to Westminster and presently made his Addresses to the high and mighty Estates in White-hall giving them a dismal Relation of his ill success in tampering with the Governour of Kingsale in Ireland who proving honester than the Saints expected took a summe of money of him to betray the Town Forts and Ships in the Road but when Popham came in to the Haven to take possession of his new purchase gave him such a Gun-powder welcome that he lost most of his Men landed to take livery and seisin and divers Ships he was commanded to conceal this ill news lest it discouraged the City to engage so far with them as to entertain them in the condition of a Free-State and surrender the Sword to them and so spoil the Design of
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
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
to weed out the Lutherans Calvinists and Anabaptists So is this High Court set up in England to root out the Royallists Presbyterians and Levellers and generally all that will not wholly concur with our Independents in Practice and Opinions As will manifestly appear when their work is done in Scotland which will soon be effected the more zealous Scots being now as ready to sell their Kingdom as they were formerly to sell their King I. Conclude therefore upon the Reasons aforesaid That because the Commissioners or Judges are not sworn to do Justice according to the Laws and are parties pre ingaged as well as their Masters and pay Masters that named them ignorant men and of vild base professions uncapable of places of Judicature Necessitous Persons and some of them Scandalous and the High Court it self hath neither Law President nor any just Authority for constituting thereof or the Judges therein And all proceedings before them are directly Contrary to Magna Charta the Statute 25. Edw. III. chap. 2. The Petition of Right and all other known and Established Laws and the continual Practice of our Nations and in many points contrary to the Law of God and the Dictates of Right Reason That these Commissioners are Incompetent Judges Their Court an Extrajudicial Conventicle tending to disinherit disfranchise and enslave all the Freemen of the Nation and all Proceedings before them are void and coram non Judice See Col. Andrews 3. Answers The said High Court of Iustice to be a meer bloody Theater of Murder and Oppression It being against Common Reason and all Laws divine and humane That any man should be Iudge in his own Cause Neminem posse in sua causa Iudicem esse Is the Rule in Law But this Parliament and Councel of State know they cannot establish and confirm their usurped Tyranny The Kingdom of the Saints eate up the People with Taxes and share publike Lands Offices and Mony amongst themselves enslave the Nation to their Lawless wills and pleasures but by cutting off the most able and active men of all opposite parties by some such expedient as this Arbitrary Lawless High Court is The old Legal way by Iuries being found by Iohn Lilbourns Trial to be neither sure enough nor speedy enough to do their work A Butcher-Rowe of Iudges being easier packed then a Jury who may be challenged So that it fareth with the People of England as with a Traveller fallen into the hands of Thieves First they take away his Purse And then to secure themselves they take away his life So they Robbe him by Providence And then Murder him by Necessity And to bring in their third insisting Principle they may alleage They did all this upon Honest intentions to enrich the Saints and rob the Egyptians With these 3. Principles they Iustifie all their Villanies Which is an Invention so meerly their own That the Devil must acknowledge They have propagated his Kingdom of Sinne and Death more by their impudent Iustifications then by their Turbulent Actions An Additional Postscript SInce the Conclusion of the Premises hath hapned the Trial of that worthy Knight Sir Iohn Stowell of the County of Sommerset Who having bin often before this Court hath so well defended himself and wiped off all Objections and made such good use of the Articles of the Rendition of Excester that in the Opinion of all men and in despite of their ensnaring Acts for New Treasons he cannot be adjudged guilty of any Treason Old or New which was the Sum and Complement of the Charge against him Wherefore the Court put off his Trial for a longer time to hunt for New Crimes and Witnesses against him At last came into the Court as a witness Iohn Ashe notwithstanding he is a Party many wayes engaged against him 1. Ashe is a Parliament-man in which capacity Sir Iohn Stowel bore Arms for the King against him 2. Ashe as a Parliament-man is one of the constitutors of this murderous Court and the Judges thereof and therefore their Creatures who expect rewards from them bear a more awful respect to his testimony then a witnes ought to have from Iudges 3. It is publickly known that Ashe hath begged of the House a great summe of mony out of the Composition for or Confiscation of Sir Iohns Estate And 4ly It is known to many That during Sir Iohns many years Imprisonment Ashe often laboured with Sir Iohn to sell unto him for 4000. l. a Parcel of Land which cost Sir Iohn above 10000 l. promising him to passe his Composition at an easie rate to procure his enlargement from Prison and send him home in peace and quiet if he granted his desire But although with all their malicious diligence they cannot finde him guilty of High Treason yet their Articles of Impeachment Charge him in general Tearms with Treason Murder Felony and other High Crimes and Misdemeanors and amasse together such a Sozites and an Accumulation of Offences as if one fail another shall hit right to make him punishable in one kinde or other such an hailshot charge cannot wholly misse either they will have life estate or both Contrary to the nature of all Enditements and Criminal Charges whatsoever which ought to be particular clear and certain Lamb. page 487. that the accused may know for what Crime he puts himself upon issue But this Court as High as it is not being Constituted a Court of Record the Prisoner and those that are concerned in him can have no Record to resort to either 1. To demand a Writ of Errour in Case of Erroneous Judgment 2. To ground a plea of Auterfois Acquite in case of New Question for the same fact 3ly Or to demand an enlargement upon Acquital Or 4ly To demand a writ of conspiracy against such as have combined to betray the life of an innocent man Whereby it follows That this prodigious Court hath power only to Condemn and Execute not to Acquit and give Enlargement Contrary to the Nature of all Courts of Judicature and of Justice it self it is therefore a meer Slaughter-house to Commit Free-State Murders in without nay against Law and Justice and not a Court of Judicature to condemne the Nocent and absolve the Innocent And the Iudges of this Court runne Parallel with their Father the Devill who is ever the Minister of Gods wrath and fury never of his Mercy The humble Answer of Coll. Eusebius Andrews Esquire to the Proceedings against him before the Honourable The high Court of Justice 1650. THe said Respondent with favour of this Honourable Court reserving praying to be allowed the benefit and liberty of making farther Answer if it shall be adjudged necessary offereth to this Honorable Court That by the Stat. or Charter stiled Magna Charta which is the Fundamental Law and ought to be the Standard of the Laws of England Confirmed above 30. times and yet unrepealed it is in the 29. Chapter thereof granted and enacted 1. That no
happy Omen surely was this promise and undertaking hoped to be and so indeed it might have proved if it had been gained from any but the worst of Scotch-men the Presbyterians for at the very same time as it were when they had concluded the Treaty and thus highly promised the King as is before mentioned I say at the same time having gotten the famous Marquess of Montross into their hand whose only fault was Loyalty to his Prince having brought him with as much ignominy as they could devise to Edenburgh they there charge him for keeping away the King observe the King was now upon the point of coming to them from his subjects 2. For the invading that Kingdom 3. For all the murders in the war and for wast upon Argiles Estate c. Mark here I pray Montross murthered and the reasons thereof Montross must be murthered the best subject the King had in Scotland and just when the King is ready to come thither as if it were done in despight to him but why for keeping away the King No he had promised to be with them with all speed which Montross in prison could not have hindred Was it for invasion alas neither for he had none but his own Countrymen and of them but a very few and they quickly and easily defeated what was it for then for muder alas neither what then O! here 's the Divel that murthered the famous Montross for waste upon Argiles Estate Argile I say that underminer of his Soveraign who in a short time after upon his arrival was by the means and instigation of him upon pretence of non-performance by the King left destitute either of friends whom they banished from his Court The K. in Scotland held to hard meat means which they curtailed him of and strength allowing him neither a Souldier nor a garison nay not a town where he might with safety repose his head things being at this pass and his Majesty with much adoe gotten into Scotland as aforesaid which the Juncto at Westminster having perfect intelligence of and weighing with themselves that promise of the Scots to bring the murtherers of the Kings Father to condign punishment they begin to think it high time to provide for their own safety in consulting whereof after much time spent it is resolved the safest wisest and to them least chargeable course to wait on the Enemy in his own Country whereby they carried the war from home and not to stay for him to bring it to their own doors As a strong motive to this just at the instant they discover that many of the Presbyterians of England had by their agents agreed with the Scots at Bredah to re-establish his Majesty in all his Dominions Whereupon many eminent persons are seized on and among them Mr. Case Mr. Jenkins Mr. Jackson Mr. Love c. Which Mr. Love together with one Mr. Gibbons suffered death together on Towerhill Mr. Love and Gibbons beheaded at the earnest sute of Cromwell protesting he would not march into Scotland unless they were cut off Being moved hereby as well as by their own fear and guilt Cromwell invades Scotland his Majesty is scarce in Scotland but Cromwell is at the borders with 16000. Horse and Foot on their behalf to whom Leslly L. G. of the horse which were now raised after some expostulations by Letters and Declarations sends word that he is in armes upon the account of the good old cause and not upon the account of the King Scots divided among themselves whom he cleerly disowned Straughan and Ker not only disown the King but say positively they will fight against him so that now it was not Bellum Regale a war to maintain the Kings honour and the points of the treaty but bellum Presbyteriale a war for the Kirke of Scotland against the Independent faction of England those two great parties being come now to a second contest for superiority for Leven commanded the Foot and Leslly as I said before the horse and these two unaminously drew out against Cromwell and fought him within six miles of Edenburgh though to little purpose for he immediately after became Master of the field 1. Fight at Edenburgh and took Garririsons as fast as he came to them defeating them at Musselbourgh and pursuing them to Pentlan-hills 2. Fight at Musselbourgh where the Scots had him in a straight and might have destroyed him but the certainty as they thought of the victory caused them to delay by which and the fatal necessities of sickness hunger and cold pressing upon Cromwells Army made them choose rather at one fight desperately to hazard all then timourously to become the scorn of an insulting foe which they knew they should find following this resolve with diligence they whisper about the word to each other in the midst of a dark and rainy night they crept up the hill and fell on the Scots so suddenly and beyond expectation that they were disordered by the first attempt yet by reason of their multitudes 3. Dunbar fight and totall defeat and a little courage they held up a while till surrounded on the back by Cromwells horse the Scots horse affrighted begin to retreat and soon after to flie in good earnest leaving their foot to mercy who were taken in greater numbers then the English Army consisted of the Independent power by this victory being absolute conquerors King in the North of Scotl. private and the Presbyterian pride laid groveling in the dust During this quarrell between the said two factions the King as disowned so not interested therein retires first to St. Johnstons and after that privately into the North of Scotland where he continued expecting what God would do for him assuring himself that this defeat at Dunbar as things then stood could not be for his prejudice King sent to and returnes which indeed quickly fell out according to his expectation for the Scots upon that overthrow were somwhat humbled in Spirit and now began again to think of their late abused King wishing in their hearts he were among them fearing to speake the truth least he would have joyned with Northern and loyal Highlanders to prevent which they send M. G. Montgomery with forces to intreat his Majesties return who finds him out and affectionately delivers his message which the King received even with joyfull tears as minding the justice of God upon those perfidious Scots whose pride in success carried them beyond all bounds of allegiance and like a stubborn child must be soundly whipt ere they will kneell and the good manners they obtain must be beaten into them Yet he accepts of their request and accordingly goes towards them Who but so good a King would have exposed himself to such mens trust in so dangerous a time Innocentia est sibi munimentum for he resolves to return King crowned Upon notice hereof and his arrivall the Parliament address themselves to
him and appoint the time for his Coronation which was accordingly with much State pompe and Ceremony performed on the first of January following at Schone the particulars whereof I shall not enter upon severall relations thereof being already extant His Majesty thus invested in his throne undauntedly proceeds to secure both his person and Kingdom K. raiseth an army to which end he begins to raise and levy an Army both of horse and foot which in short time by the conflux of loyal hearts from all parts became even formidable to its Enemies especially having their Prince engaged in person whose every hair was valued at ten thousand lives and an equall sharer with them in all things As they did encourage the hearts and strengthen the hands of all that were faithfull so they were a torment of Spirit to the insulting Enemy who for the present seeing that force alone would not serve the turn politickly resolves to undermine and weaken them by division among themselves knowing that rule to be true Divide impera and indeed so it proved for with so much divellish cunning did the English work Scots divided that they procured Straughan with some forces together with Ker to declare against the King Lastly with others stand for Kirk and King But Brown Middleton c. with the best and honest part of the Army vow to sacrifice their Lives and Estates in defence of the Kings person In this tottering and unstable condition stood affairs when Cromwell alwayes mindfull to lay hold on the first advantage and being certainly informed of the height and heat of these divisions he takes time by the forelock and striking while the Iron was hot he sends to Straughan and wins him over to him to fight against his lawfull Soveraign rejoycing to have debauched such a Souldier whose infidelity must now make him sure to Cromwell not daring to rely on the good of those whom he had so trayterously deceived the remaining two parties continuing yet in their feuds are at length to prevent the destruction of both The royalists and Kirk reconciled by the care of the Parliament then sitting taken into consideration and reconciled by the equal distribution of commands upon the most eminent persons of both factions under one only head and Generall commander which was the King himself By this union being again become considerable yea and indeed in a posture of defence the King deliberately sets forward toward the Enemy who hearing of it with more both fury and expedition marcheth to meet him And here you might have observed the different means used by two potent armies to destroy each other Cromwell would ruine the King by fighting the King endeavours to conquer Cromwell by delaying never were Hanniball and Fabius so truly patterned as at this time for the King knowing it to be an invading Army took the best means to break it by delayes getting away all provision that the Enemy might have no forrage and as occasion served giving ground till some notable advantage might be found as might give an hopes if not an assurance of a victory and according to expectation so had it proved for being desirous to fight and hearing the King intended to pass at a certain narrow Island Fight in life thither he commandeth two Regiments against whom Brown did march with five or six fell on them and in probability had destroyed them utterly had not relief come with speed and in the nick of time whereby after a hot and eager fight for some hours both parties retreated with no small loss to either yet such was the fortune of that ambitious wretch Cromwell that notwithstanding this and that his Majesty had still a good Army in the field he over-ran the whole Country and conquered with less difficulty than he marched which his Majesty perceiving he resolves on new designes and accordingly within a short time with his choysest friends and the remains of his Army amounting to 16000. he privately gives Cromwell the go-by and marches by Carlisle into England K marches into England so have I seen a bird decoy the greedy fowler from her loved nest by a seeming neglect thereof in the retiring from it It was generally believed that the Kings arrivall in England would have been a motive to all that loved him to stir and shew themselves in armes for his defence but such was their hard fate and sad misery at that time that they durst not stir the yoke lay so heavy that it was imprisonment if not death but to look towards the King yet maugre all devices against him he came through all the North into Warrington in Lancashire K. wins Warâ—ington bridg where at a bridge the passage was disputed with the Enemy who did endeavour to break it down but with such advantage that the Rebells were forced to fly and leave the King master of the place Comes to Worcester from whence with his whole Army he marched towards Worcester where contrary to the rules both of reason and war and contrary to his own mind and resolution overswayed by the treacherous Counsel and perswasions of some too neer and in too great command about him he stayed what might be the motives to delude the King into such a trap the L. G. is better able to give account off than my pen but where treason lies in the heart there must all things of force be bad no relations ties or duty can hold or convince him who hath sold his conscience About this time the whole Kingdom having taken the Alarum run in troups and multitudes some one way some another severall of the Gentry particularly the Earls of Derby and Cleveland the Lord Howards Eldest Son Collonel Howard with many others bring what strengths in such a confusion of affairs and streight of time they could gather together but to little purpose for they are as it were besieged within the City of Worcester all the Counties of England having powered out their auxiliary forces against that place to heighten and increase whose malice Cromwell is sent to head them Now might you have seen Herod and Pontius Pilate reconciled and both against Christ Those two restless and adverse factions the Presbyterian and Independent faction could joyn together both in their armes and prayers against his sacred Majesty belching forth the scandalous language of their ulcerous tongues to incense the People and bring them into frenzy against those few poor despised loyall ones so indeed they did those very pretended Ministers not only preaching but largely contributing to the raising of more forces from day to day yea some of them going in person to assasinate the poor inclosed Royalists who yet resolved that though they foresaw their ruine as not being able without a miracle to cope with such an innumerable multitude they would sell their lives at a dear rate and make some of the purchasers at least share in an equall fate with them and so in