what Spirit Haslerigge is known That some Northern Counties having petitioned the Commons for relief against the miserable famine raging there Haslerigge opposed their request saying The want of food would best defend those Counties from Scottish Invasions What man that had any sense of Christianity Courage Honesty or Iustice would have been the Authour of so barbarous and unjust a motion That six Gentlemen no way conscious nor privie to the fact should be offered up a sacrifice to revenge and malice nay to guilty fears and base cowardicâ— to keep off the like attempts from Haslerigge and his Party I wish this Gentleman would reade the Alcharon or new Independent Bible of the new Translation and from thence gather precepts of more Humanity Justice Honesty and Courage since he hath Read the Old and New Testament of Moses and Christ to so little purpose Yet the House 18. of May passed a Declaration That if more Acts of the like nature happened hereafter it should be retaliated upon such Gentlemen of the Kings Party as had not yet Compounded But this is but a device to fright them to Compound unlesse it be a forerunner to a Massacre heretofore taken into consideration at a Councell of Warre See Sect. 117. 161. An act declaring more new Treasons About this time came forth that prodigious Act declaring four new Treasons with many complicated Treasons in their bellies the like never heard of before in our Law nor in any Kingdom or Republike of Christendom Because I have formerly spoken of it the Act it self printed publisht and dreadfully notorious throughout the whole Kingdom I will refer you to the printed Copie onely one clause formerly debated was omitted in the Act viz. That to kill the Generall Lieuten Gen. any Members of this present Parl. or Counsel of State to be declared Treason this would have discovered their guilty cowardize so much they were ashamed of it besides it was thought fit to make the People take a new Oath of Allegiance to the new State First I will only give you some few Observations thereupon This Act declares to be Treason unto death and confiscation of Lands all Deeds Plots and Words 1. Against this present fagge end of a Parliament and against their never before heard-of Supream Authority and Government for when was this Kingdome ever governed by a Parliament or by any power constituted by them 2. All endeavours to subvert the Keepers of the Liberty of England and Councell of State constituted and to be from time to time constituted by Authority of Parliament who are to be under the said Representatives in Parliament if they please and not otherwise for the Sword and the Purse trusted in the power of the Councell of State yet the Keepers of the Liberties of England and the Councell of State of England to be hereafter constituted by Parliament are Individua vaga ayrie notions not yet named nor known and when they are known we owe them no Allegiance without which no Treason by the known Lawes of the Land which is onely due to the King His lawfull Heires and Successours thereto sworn nor any the particular Powers and Authorities granted to this Parliament by the said Keepers of the Liberties of England and Councell of State yet any where authentically published and made known to us by any one avowed Act unlesse we shall account their Licensed New Books to be such and therefore they may usurp what powers they please So that these men who involved us in a miserable Warre against the late Murdered KING pretending He would enslave us and they would set us free have brought us so far below the condition of the basest Slaves that they abuse us like brute Beasts and having deprived us of our Religion Lawes and Liberties and drawn from us our money and bloud they now deny us the use of reason and common sence belonging to us as Men and Govern us by Arbitrary irrationall Votes with which they bait Traps to catch us Woe be to that people whose Rulers set snares to catch them and are amari venatores contra Dominum Men-hunters against God nay to move any Person to stir up the People against their Authority is hereby declared Treason mark the ambiguity of these words like the Devils Oracles which he that hath Power and the Sword in his hands will interpret as he please If the Keeper of the Liberties of England or Councell of State shall extend too farre or abuse their Authority never so much contrary to the Lawes of the Land Reason Justice or the Lawes of God as hath been lately done in this Case of Lylburne Walwyn c. no Lawyer no Friend shall dare to performe that Christian duty of giving councell or help to the oppressed here Fathers and Children Husbands and Wives Brothers and all relations must forsake nay betray one another lest these Tyrants interpret these duties to be A moving of them to stirre up the People against their Authority 3. All endeavours to withdraw any Souldier or Officer from their obedience to their Superior Officer or from the present Government as aforesaid By which words it is Treason First if any mans Child or Servant be inticed into this Army and the Father or Master endeavour to withdraw him from so plundering and roguing a kinde of life back to his profession Secondly If any Commander or Officer shall command his Souldiers to violate wrong or rob any man for the party so aymed at or some wel-meaning Friend to set before the said Souldiers the sinne and shame of such actions and disswade them from obeying such unlawfull commands 4. If any man shall presume to counterfeit their counterfeit Great Seale It is declared Treason I wonder it is not Treason to counterfeit their counterfeit coyne Behold here new minted Treasons current in no time and place but this afflicted Age and Nation Edw. 3. anno 25. regni ch 2. passed an excellent Act to secure the People by reducing Treasons to a certainty as our New Legislative Tyrants labour to ensnare the People by making Treasons uncertaine and arbitrary Sic volo sic ju beo it shall be Treason be cause they will call and Vote it so what they please to call Treason shall be Treason though our knowne Lawes call it otherwise we have long held our Estates and Liberties and must now hold our Lives at the will of those Grand Seigniours one Vote of 40. or 50. factious Commons Servants and Members of the Army vacates all our Lawes Liberties Properties and destroys our Lives Behold here a short veiw of that Act which hath no Additions by any Act subsequent See stat 1. Mariae c. 10. Whereas diverse opinions have been before this time in what cases Treason shall be said and in what not The King at the request of the Lords and Commons Declares See 1. H. 4. c. 10. 11. H. 7. c. 1. 1. That to compasse or imagine the Death of the KING how
Endictment that he might know what to answer saying he might plead Speeial as well as General which the Court denied him Next because there was point of Law in it he desired to have Councel citing the Stat. 1 Hen. 7. fol. 23. which was likewise denied him yet I am deceived if Rolfe had not Councel allowed him being endicted at Winchester for an endeavour to murder King CHARLES the First and had many other favours denied to Morrice Then Col. Morrice for his discharge produced the PRINCES Commission as Generalissimo to the KING his Father The Judges answered The Prince was but a Subject as Morrice was and if he were present must be tried as he was and rejected the Gommission without reading Morrice told them the Prince had his Authority from the King in whose name all Judges and Officers did then Act. The Court answered the power was not in the King but the Kingdome Observe they endicted him for Leavying War against the King and Parliament The word Parliament was a surplusage for which no Indictment could lye no Allegiance no Treason and we owe Allegiance to the King alone whosoever Leavieth War in England in the intendment of the Law is said to Leavy War against the King onely although he aim not at his Person but at some other Person And if he that Leavieth War against the King his Crown and Dignity be a Traytor how much more must they be Traytors that have actually murthered the King and Dis-inherited and proscribed his lawful and undoubted Heir and as much as in them lies have subverted the Monarchical Government of the Land and consequently all Monarchical Laws whereof the Stat. of Treasons for Leavying War against the Kings Majesty is one and therefore Morrice under a Free-State ought not to be condemned or tried upon any Monarchical Law So Morrice was found guilty by a Jury for that purpose And an illegal president begun to cut off whom the Faction pleaseth under a pretence and form of Law without help of a Councel of War or a private Slaughter-house or a Midnight-Coach guarded with Souldiers to Tyborne These Usurpers have got the old tyrannical trick To rule the People by the Laws but first to over-rule the Laws by their Lawyers and therefore Vt rei innocentes pereant fiunt nocentes judices that true men may go to the Gallows Thieves must sit on the bench but silent Leges inter arma and now silet Justitia inter Leges Three headed consisting of 1 Councel of War 2 Councel of State 3 Parliament filet Jus inter Judices The mungrel hypocritical three-headed conquest we live under hath dispoyled Justice of her ballance and left her in a Military posture with a Sword to strike but no scales to weigh withall Our licenced News Books like Ill-Boading-Birds fore-told and fore-judged Morrice's death a month before He dyed resolutely Observe the thing aimed at in this new form of Endictment of High Treason for leavying War against the King and Parliament is first that the word King may hold in the Endictment which otherwise would be found to have errour in it and though the word for Leavying War against the Parliament be a vain surplusage signifying nothing yet at last by help of their own Judges and new-made presidents to leavy War against the Parliament shall stand alone be the onely Significator and take up the whole room in the Endictment and thrust the word King out of doors and then Treason shall be as frequent as Malignancy is now Morrice had moved he might be Tried like a Souldier by a Councel of War alleadging the inconvenience of such a president if the Kings Party should retaliate it which would not be granted yet Col. Bethel writ to the General and his Councel of War desiring he might be reprieved but Col. Pride opposed it urging That it would not stand with the justice of the Army you see now who is the foun of Justice nor the safety of the Commonwealth to let such Enemies live the Parliament having adjudged him worthy of death without hearing and given instructions to the Judges accordingly O serviceable Judges so the General was overborn by this Dray-man This fellow sitteth frequently at the Sessions house in the Old Bayly where the weight of his Slings turneth the scale of Justice which way he pleaseth 210. Cap. Plunkett and the Marquess of Ormonds brother voted to be Tryed Col. Pride's Dray-horses the Commons in Parliament assembled not yet satisfied with Blood because they are out of danger of bleeding themselves have voted that Capt. Plunckett and the Marquess of Ormond's Brother Prisoners in Ireland shall be brought to Trial. If the Kings Party in imitation of their Cruelty shall put to death the Prisoners they have taken the Parliament will save their Arreares for their own privy purse These two cases are examples of the greatest danger and the highest contempt of Souldiers that ever were set on foot in any Age or Nation 29. August 1649. came forth a Book called 211. An out-cry of the young men and Apprentices of London concurring with those falsly called Levellers An out-cry of the young Men and Apprentises of London Or An Inquisition after the lost fundamental Laws and Liberties of England truly and Pathetically setting forth the slavery misery and danger of the Common Souldiery and People of this Nation and the causes thereof well worth the reading About this time came forth an Act forsooth for the speedy raising and levying money upon the Excise that is as the Act telleth you upon all and every Commodities Merchandizes 212. Excise Manufactures as well imported or exported as made or growing and put to sale or consumed c. That is to lay impositions upon all we eat drink wear or use as well in private houses as victualling houses ware-houses cellars shops c. as well what the Souldier devours in Free-quarter upon us as otherwise under unheard-of penalties both pecuniary and personal to be paid and levied with rigour And to make every mans house lie open to be searched by every prowling Rascal as often as he or they please The Traytors Tyrants and Thieves 213. Forrain Plantations the Commons in Colonel Prides Parliament assembled are now again frighted into a consideration of Forraign Plantations And passing Acts That they shall all be subject to the new Babel or State of England for which purpose they are very busie to undermine divide and subject the old and first Planters that if need be these reprobate Saints may come in upon their labours and the better to accommodate themselvs there In the Act for the sale of Kings Queens and Princes Personal Estate they have given leave to their Agents the Commissioners to transport beyond sea that is to say to their own Plantations under pretence of sale the rarest and choisest of the Kings Goods they heap up abundance of wealth by Excise Taxes Goldsmiths-hall Haberdashers-hall Sequestrations cozening the Souldiers
should hear of it and beget a slavish fear in the whole Kingdom to submit to the laying aside of the KING and his Negative Voice and the establishing of a tyrannical Oligarchy in the Grandees of the two Houses and Army for finding the whole Kingdom to hate them with a perfect hatred they have no hope to govern by Love but by Fear which according to the Turkish rule is more predominant and constant passion And certainly had not Goring's passing over at Greenwich into Essex compelled Fairfax to follow immediately after with his Army they had been used with much extremity insomuch that Weaver a Member fuller of zeal than wisdom though wise enough for his own profit as most Saints and knaves are moved in the House That all Kent might be sequestred because they had rebelled and all Essex because they would rebell And truly this is as good a way as Cromwel's selling his Welch Prisoners for 12 d. a head to be transported into barbarous Plantations whereby to expell the Canaanites and make new plantations in old England for the Godly the seed of the Faithfull for this faction like the Divell cry all is mine 91. Banbury-Castle obtruded upon the State 27. May A friend of my Lord Say's moved in the House of Commons That Banbury-Castle might be demolished to prevent any surprise thereof by Malignants saying it had already cost the State 200000 l. to reduce it and had undone the Country which was unable to pay for it it belonged to a Noble Godly person the L. Say and it was not fit to demolish it without his consent and recompence it was therefore desired the State should bear the charge his Lordship being willing to sell it for 2000 l. To which was answered That other well-affected Gentlemen had their Houses destroyed for service of the State without recompence not so well provided to bear the loss as my Lord Say as Mr. Charles Doyly two handsome habitable Houses Mr. Vachell some Houses in Reading and others well deserving of the State though not of themselves This Castle was unhabitable a rude heap of stones a publick nusance to the Country It cost his Lordship but 500 l. and now to obtrude it upon the State at 2000 l. price in so great a scarcity and want of mony the Kingdom graoning under Taxes was not reasonable So Divine providence not saying Amen to it this Cheat failed like the untimely birth of a Woman 92 The Impeached Lords Members and Aldermen About the beginning of June a debate hapned in the House of Commons about the four imprisoned Aldermen occasioned by a Petition from the City and concerning the impeached Lords and Commons Mr. Gewen spake modestly in their behalf saying That what they did was done by virtue of an Ordinance of Parliament made this very Sessions of Parliament and without any intent to raise a new war but only to defend the City against the menaces of the Army marching up against them and the Parliament But Mr. Gourdon a man hot enough for his zeal to set a Kingdom on fire Answered He thought they intended a new War and were encouraged thereto by the Gentleman that spake last when he said to them at their Common Council Vp and be doing Mr. Walker perceiving Mr. Gewen to be causlesly reflected upon replied that since this debate upon the City Petition tended towards a closing up of all differences it was unfit men that spake their consciences freely and modestly should be upbraided with Repetitions tending to dis-union and desired men might not be permitted to vent their malice under colour of shewing their zeal when presently Tho. Scot the Brewers Clerk he that hath a Tally of every mans faults but his own hanging at his Girdle by virtue of his Office being Deputy-Inquisitor or Hangman to Miles Corbet in the clandestine Committee of examinations replyed upon Mr. Walker That the Gent. that spake last was not so well-affected but that the close Committee of examinations would find cause to take an order with him shortly Mr. Walker offered to answer him and demanded the Justice of the House but could not be heard those that spake in behalf of the Aldermen were often affronted and threatned with the displeasure of the Army which they alleged would be apt to fall into distempers if we discharged them Notwithstanding these menaces it was Voted that the House would not prosecute their Impeachments against the said four Aldermen Sir John Maynard and the seven Lords and that they would proceed no faother upon their Order for impeaching Mr. Hollis Sir William Waller c. Two or three dayes after a motion was set on foot That the Order whereby the said Members were disabled from being of the House might be revoked many zealots argued fiercely and threatned against it amongst many arguments for them a President was insisted upon That Master Henry Martin was by Order disabled from being a Member yet was afterwards readmitted upon his old Election and desired these Gentlemen might find equall justice The House having freed them à Culpa could not in equity but free them à poena and put them in the remainder of all that belonged to them But Sir Peter Wentworth answered That Mr. Martins case and theirs differed Mr. Martin was expelled for words spoken against the King such as every mans Conscience told him were true but because he spoke those words unseasonably when the King was in good strength and the words whether true or false were in strictnesse of Law Treason the House especially the lukewaâ—n men considering the doubtfull events of War disabled and committed him lest the whole House might be drawn in compass of High Treason for conniving at them which was a prudential Act contrary to justice and contrary to the sense of the Godly and honest party of the House But afterwards the King growing weaker and the Parliament stronger the House restored Master Martin and thought fit to set every mans tongue at liberty to speak truth even against the King himself and now every day words of a higher nature are spoken against him by the well-affected Godly in the House After many threats used by Wentworth Ven Harvy Scot Gourdon Weaver c. The said disabling Order was repealed 93. Members added to the Committee of Safety at Darby house About the same time the Lords sent a Message to the Commons that they had named six Lords to be added to the Committee of safety and desired the House to adde twelve Commons to them This had five or six times been brought down from the Lords before and received so many denials but the Lords would not acquiesce the Message came down about one of the Clock the House being thin many argued against it saying that there were seven Lords and fourteen Commons of that Committee already enough if not too many to dispatch businesse with secrecy and expedition that to adde six Lords more to them was in effect to make
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
but the designs projects of Jesuits Popish Priests and Recusants who bear chief sway in their Councels to destroy and subvert our Religion Laws Liberties Government Magistracy Ministry the present and all future Parl. the King his Posterity and our 3. Kingdoms yea the Generall Officers and Army themselves and that with speedy and inevitable certaintâ— to betray them all to our forreign Popish Enemies and give a just occasion to the Prince and Duke now in the Papists power to alter their Religion and engage them and all forreign Princes and Estates to exert all their power to suppresse and extirpate the Protestant Religion and Professors of it through all the world which these unchristian scandalous treacherous rebellious tyrannicall Jesuitical disloyall bloudy present Councels and exorbitances of this Army of Saints so much pretending to piety and justice have so deeply wounded scandalized and rendred detestable to all pious carnall morall men of all conditions All which I am and shall alwaies be ready to make good before God Angels Men and our whole three Kingdoms in a free and full Parliament upon all just occasions and seale the truth of it with the last drop of my dearest bloud In witnesse whereof I have hereunto subscribed my Name at the Signe of the Kings-head in the Strand Decemb. 26. 1648. William Pryn. 51. The Councell of War forbid all state and ceremony to the King From Dec. 25. to 1. January Num. 283. 27. Decemb. The Councel of VVarr who manage the businesse in relation to the King saith the Diurnal ordered That all state and ceremony should be forborne to the King and his Attendants lessened to mortifie him by degrees and work Him to their desires VVhen it was first moved in the House of Commons to proceed capitally against the King 52. Cromwels Sp. in the Ho. when it was first propounded to try the King Cromwell stood up and told them That if any man moved this upâ—n dâ—signe he should think him the greatest Traytour in the world but since providence and necessity had cast them upon it he should pray God to blesse their Councels though he were not provided on the suddaine to give them counsel this blessing of his proved a curse to the King 53. The Ordinance for electing Com Councel men confiâ—med 28. Decemb. was brought into and read in the House an Ordinance explaining the former Ordinance for electing Common-Councel-men which confirmed the former Ordinance It was referred back againe to the said Committee to consider of taking away the illegal as they please to miscall them Oaths of Allegiance Supremacy and other Oaths usually administred to Officers Free-men c. of the City The 28. Decemb. Tho. Scot brought in the Ordinance for Trial of the King it was read and recommitted three severall times 54. The Ordinance for Trial of His Majesty passed the Commons and the Commissioners Names inserted consisting of diverse Lords Commons Aldermen Citizens Country Gentlemen and Souldiers that the more persons of all sorts might be engaged in so damnable and treasonable a designe and because this Ordinance and the proceedings thereupon had no foundation in Divinity Law reason nor practice The Commons to give it a foundation and ground from the authority of their Votes declared as followeth Resolved c. Diurnall from 1. Ian. to the 8. of Ian. 1648. Numb 286. That the Lords and Commons assembled in Parliament doe declare and adjudge That by the fundamental Laws of the Realme it is Treason in the King of England for the time to come to levie War against the Parliament and Kingdom of England So together with this declaratory Vote the said Ordinance was carried up to the Lords by that Renegado Lord Gray of Grooby Jan. 2. 1648. 55. And sent up to the Lords The Lords met that day farre more than ordinary 16. in number and promising to send an Answer by Messengers of their owne The first Question started by some Lords who had rather have had a thinner House was 56. And Debated Whether it should be presently debated which passed Affirmatively The first Debate was upon the said Declaratory Vote The Earle of Manchester told them The Parliament of England by the fundamentall Laws of England consisted of three Estates 1. King 2. Lords 3. Commons the King is the first and chief Estate He calls and dissolves Parliaments and confirmes all their Acts and without him there can be no Parliament therefore it is absurd to say The King can be a Traitour against the Parliament The Earle of Northumberland said The greatest part at least twenty to one of the people of England were not yet satisfied whether the King levied war first against the Houses or the Houses against Him 57. The Zealots of the H. of Com offended with the Lords for casting forth the Ordin for Triall of the King And if the King did levie Warr first against the Houses we have no Law to make it Treason in Him so to doe And for us to declare Treason by an Ordinance when the matter of fact is not yet proved nor any Law extant to judge it by is very unreasonable so the Lords cast off the Debate and cast out the Ordinance and adjourned for seven dayes Jan. 3. The Zealots of the Commons were very angry at the Lords and threatned to clap a Pad-lock on the Door of their House but at last they sent up some of their Members to examine the Lords Book and see what they have done who brought word back that their Lordships had passed 2. Votes 1. That they doe not concurre to the said Declaratory Vote 2. That they had rejected the Ordinance for Triall of the King 58. Votes passed by them therupon Hereupon the Commons resolved to rid their hands of King and Lords together and presently they voted That all Members of the House of Commons and others appointed by order of that House or Ordinances of both Houses of Parliament to act in any Ordinance wherin the Lords are joyned shall be impowred and enjoyned to sit and act and execute in the said several Committees of themselves notwithstanding the House of Peers joyne not with them therein Upon the debate many hot-brain'd men insisted upon it That the Lords who rejected the Ordinance should be themselves Impeached for favouring the grand Delinquent of England you see the King was likely to have much justice when his Judges must either condemne Him or be condemned others thought it more prudence to touch their Priviledges and let alone their Persons Die Iovis 4. Jan. 1648. The Commons passed these 3. Votes A question in Divinity voted in Parliament never agreed to by Divines This we find de factâ— in the subversion of our Religion Lawes Liberties and Properties though not de Jure You see that since both Houses ravished the Supremacy from the King and a petty faction from the Houses our Lawes are first shrunk into arbitrary Ordinances of
weather-cock John Goodwin of Coleman-sireet the Balaam of the Army that curseth and blesseth for Hire to be Superintendent both over King and Bishop so that they could hardly speak a word together without being over-heard by the long-schismaticall-eares of black-mouthed John Besides I hear that for some nights a-Guard of Souldiers was kept within His Chamber who with talking clinking of Pots opening and shutting of the door and taking Tobacco there a thing very offensive to the Kings nature should keep Him watching that so by distempering and amazing Him with want of sleep they might the easier bring Him to their bent 28. January being the last Sabbath the King kept in this life 90. A Paper-book of Demands tendered to be Subscribed by the King the Sunday before He died See sect 94. some of the Grandees of the Army and Parliament tendered to the King a Paper-book with promise of Life and some shadow of Regality as I hear if He subscribed it It contained many particulars destructive to the fundamental Government Religion Lawes Liberties and Property of the People One whereof was instanced to Me viz. That the King should amongst many other demands passe an Act of Parliament for keeping on foot the Militia of this Army during the pleasure of the Grandees who should be trusted with that Militia and with power from time to time to recruit and continue them to the number of 40000. Horse and Foot under the same General and Officers with power notwithstanding in the Councel of Warre to chuse new Officers and Generals from time to time as occasion shall happen and they think fit and to settle a very great Tax upon the people by a Land-Rate for an established Pay for the Army to be collected and levied by the Army themselves and a Court-Martial of an exorbitant extent and latitude His Majesty as I hear read some few of the propositions and throwing them aside told them He would rather becom a Sacrifice for His People then betray their Lawes and Liberties Lives and Estates together with the Church and Commonwealth and the Honour of his Crown to so intolerable a bondage of an Armed faction 91. The Sâ—ile and Title of Custodes libertatis Angliae voted to be used in legal proceedings in stead of the styâ—e of the King These Goalers of the Liberties of England are Individuum vagum not yet named See a Continuation of this madness in an Act for better setling proceedings in Courts of Justice according to the present Government Dated 17. Feb. 1648. Monday 29. Jan. 1648. The Legislative half-quarter of the House of Commons voted as followeth hearken with admiration Gentlemen be it enacted by this present Parliament and by Anthority of the same that in all Courts of Law Justice and Equity and in all Writs Grants Patents Commissions Indictments Informations Suits Returns of Writs and in all Fines Recoveries Exemplifications Recognizances Processe and Proceedings of Law Justice or Equity within the Kingdoms of England or Ireland Dominion of Wales c. in stead of the Name Stile Teste or Title of the KING heretofore used that from henceforth the Name Stile Teste or Title Custodes libertatis Angliae authoritate Parliamenti shall be used and no other and the Date of the year of the Lord and none other and that all Duties Profits Penalties Fines Amerciaments Issues and Forfeitures whatsoever which heretofore were sued for in the name of the KING shall from henceforth be sued for in the name of Custodes libertatis Angliae authoritate Parliamenti and where the words were Juratores pro Domino Rege they shall be Juratores pro Republica and where the words are contra pacem dignitatem coronam nostram the words from henceforth shall be contra pacem Publican All Judges Justices Ministers and Officers are to take notice thereof c. and whatsoever henceforth shall be done contrary to this Act shall be and is hereby declared to be null and void the death of the King or any Law usage or custom to the contrary notwithstanding Another device to mortifie the King c. The King lay in White-hall Saturday the day of his Sentence and Sunday night so near the place appointed for the separation of his Soul and Body that He might heare every stroak the Workmen gave upon the Scaffold where they wrought all night this is a new device to mortifie him but it would not do Tuesday 30. Jan. 1648. was the day appointed for the Kings Death He came on Foot from Saint James's to White-hall that morning His Majesty coming upon the Scaffold made a Speech to the People which could only be heard by some few Souldiers and Schismaticks of the Faction who were suffered to possesse the Scaffold and all parts near it and from their Pennes only we have our Informations His Majesties Speech upon the Scaffold and his Death or Apotheosis The KING told them THat all the world knew He never began the Warre with the two Houses of Parliament and He called God to witnesse to whom He must shortly give an account He never intended to encroach upon their priviledges They began upon Me it was the Militia they began with they confessed the Militia was Mine but they thought fit to have it from Me and to be short if any body will look to the Dates of the Commissions Theirs and Mine and likewise to the Declarations will see clearly that they began these unhappy Troubles And a little after He said I pray God they may take the right way to the peace of the Kingdom Souldiers Rebelling against their Master or Sovereign though they prevail cannot claim by Conquest because their quarrel was perfidious base and sinful from the beginning But I must first show you how you are out of the way and then put you into the right way First you are out of the way for all the way you ever had yet by any thing I could ever finde was the way of Conquest which is a very ill way for Conquest is never just except there be a good just Cause either for matter of wrong or just Title and then if you go beyond the first Quarrel that you have that makes it unjust in the end that was just in the Beginning But if it be only matter of Conquest then it is a great Robbery as the Pyrate said to Alexander and so I think the way that you are in hath much of that way Now Sirs to put you in the way believe it you will never do right nor God will never prosper you untill you give him his due the King that is My Successor his due and the People for whom I am as much as any of you their due 1. You must give God his due by regulating rightly his Church according to his Scripture which is now out of order to set you in a way particularly now I cannot but only a National Synod freely called freely debating amongst themselves must settle
fancy for their owne vindication and the Commons must Father the Bastard and set the stamp of their Authority and priviledge upon it least any man should confute it and beat back the Authors lies into their throats But this is no new invention for formerly when the Councel of Officers set forth their Answer to the House of Commons Demands concerning their secured Members Ireton penned this scandalous Answer of the said Officers Cromwell and Ireton caused their Journey-men of that Conventicle to Vote That the House did approve the matter of the said Answer therby owning all the grosse lies therin contained to deterre the imprisoned Members from replying to it and so by a tacite confession to acknowledge themselves guilty About this time appeared out of the East a New Light in our Horizon 156. The Turkish Alchoran taught to speak English the Alchoran of Mahomet Predecessor to Cromwell and of Sergius forerunner of Hugh Peters naturalized and turned English Now the Jewes Professed Enemies to Christ which Mahomet is not are accepted of it is beleived that their Thalmude and Caball will shortly be made English too that this Island may be rendred a compleat Pantheon a Temple and Oracle for all Gods and all Religions our light-headed innovating People being like Reeds as apt to be shaken by and bend unto every wind every breath of pretended Inspiration as the antient Arabians were May 1. 1649. The frighted Conventicle of Commons considered of an Act forsooth to fortifie themselves and their usurpations with a Scar-crow of new-declared Treasons 157. New-declared Treasons to defend tyranny and usurpation and ensnare the People to the purpose following 1. If any man shall malitiously this is a word of qualification a back-door to let out such as they shall think fit Affirme the present Government to be tyrannical usurped or unlawfull or that the Commons in Parliament are not the supreme Authority of the Nation or endeavour to alter the present Government 2. If any affirme the Councel of State or Parliament to be Tyrannicall or unlawfull or endeavour to subvert them or stirre up sedition against them For Souldiers of the Army to contrive the death of the Generall or Lieutenant Generall or endeavour to raise mutinies in the Army Quere whether Cromwell be Lieutenant Generall or no or to leavy Warre against the Parliament to joyne with any to invade England or Ireland counterfeit the Great Seale kill any Member of Parliament or Judge or Minister of Justice in their duty All these several cases to be Declared Treason You see the terrors of Caine pursue these guilty Cowards This Fools Bolt is chiefly aymed at the honest Levellers this Junto of Commons have made themselves legall Traytors already and would now make all the Kingdome legislative Traytors but I hope none of those that arrogate the Reverend Title of Judges of the Law although against Law will be so lawlesse as to give Sentence of Death upon any such illegal Act of the House of Commons nay this very Act denounceth slavery and bondage to the Nation and therefore is an Act of the highest tyranny and a snare 158. The Levellers Randezvouz in Oxfordshire May 6. 1649. The honest Levellers of the Army for that is the Nick-name which Cromwell falsly and unchristianly hath christned them withal Enemies to Arbitrary Government tyranny and oppression whether they finde it in the Government of one or many whether in a Councel of Officers a Councel of State or a fag end of a House of Commons whether it vaile it selfe with the Title of a Supreme Authority or a Legislative power drew together to a Randezvouz about Banbury in Oxfordshire to the number of 4000 or 5000. others resorting to them dayly from other parts This gave an Alarme to our Grandees fearing the downfall of their domination Cromwell not knowing what Party to draw out against them that would be stedfast to him shunned the danger and put his property the General upon it to oppose the Randezvouz and looking as wan as the guilles of a sick Turkey-cock marched forth himself Westward to intercept such as drew to the Randezvouz In the meane time the said Levellers printed and published this ensuing Paper entituled Englands Standard advanced or A Declaration from Mr. Will. Thompson and the oppressed People of this Nation now under his conduct in Oxfordshire Dated at their Randezvouz May 6. 1649. WHereas it is notorious to the whole world that neither the Faith of the Parliament nor yet the Faith of the Army formerly made to the people of this Nation in behalf of their Common Right Freedom and Safety hath bin at all observed or made good but both absolutely declined and broken and the people only served with bare words and faire promising Papers and left utterly destitute of all help or delivery And that this hath principally been by the prevalency and treachery of some eminent persons now domineering over the people is most evident The Solemn Engagement of the Army at New-market and Triploe-heaths by them destroyed the Councel of Agitators dissolved the blood of Warr shed in time of Peace Petitioners for Common Freedom suppressed by force of Arms and Petitioners abused and terrified the lawful Trial by 12. sworn men of the Neighbourhood subverted and denied bloody and tyrannical Courts called an High Court of Justice and a Council of State erected the power of the Sword advanced and set in the Seat of the Magistrates the Civil Lawes stopt and subverted and the Military Introduced even to the hostile seizure imprisonment triall sentence and execution of death upon divers of the Free people of this Nation leaving no visible Authority devolving all into a Factious Juncto and Councel of State usurping and assuming the name stamp and authority of Parliament to oppresse torment and vex the People whereby all the lives liberties and estates are all subdued to the Wills of those Men no Law no Justice no Right or Freedome no Case of Grievances no removal of unjust barbarous Taxes no regard to the cries and groans of the poore to be had while utter beggery and famine like a mighty terrent hath broken in upon us and already seized upon several parts of the Nation Wherefore through an inavoidable necessity no other meanes left under Heaven we are enforced to betake our selves to the Law of Nature to defend and preserve our selves and Native Rights and therefore are resolved as one Man even to the hazard and expence of our Lives and Fortunes to endeavour the Redemption of the Magistracy of England from under the force of the Sword to vindicate the Petition of Right to set the unjustly imprisoned free to relieve the poore and settle this Common-wealth upon the grounds of Common Right Freedome and Safety Be it therefore known to all the free people of England and to the whole world that chusing rather to die for Freedome then live as Slaves We are gathered and associated together
that purpose and that the House of Peers shall not at any time or times during this present Parliament be Adjourned unless it be by themselves or by their own Order And in like manner That the House of Commons shall not at any time or times be Adjourned c. as aforesaid From whence it is undeniable 1. That this Act was onely to prevent untimely Dissolving Proroguing and Adjourning of that present Parliament then assembled and no other by Acts of Royal Power 2. That the King was the Principal Estate and Member yea our Soveraign Lord the sole Declarer and Enacter of this Law by Assent of the Lords and Commons 3. That neither this Act nor any other for Dissolving Proroguing or Adjourning this Parl. could be made without the Kings Royal Assent which the Lords and Commons in their Remonstrance 26. May 1642. often acknowledge together with His Negative Voice to Bills exact Collect. p. 69 70. 736. 709. 722. 4. That it was not the Kings intent in passing this Act to shut Himself out of Parliament or create Members of Parliament without a King as He professeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 â— 5. Nor the Lords and Commons intent to Dis-member Him from His Parliament and make themselves a Parliament without Him as their said Remonstrance testifies and the words of the Act import much less was it their intent to pack a Parliament of 40 or 50 Commons onely selected by Colonel Pride to Vote according to the Dictates of a Councel of War after they had destroyed the King and House of Peers Against which transcendent usurpation this very Act provides That the House of Peers shall not be so much as Adjourned or Prorogued but by themselves or their own Order 5. Neither did King Lords and Commons in passing this Act intend That by Murdering the King Abolishing the House of Lords and expelling by power of the Sword eight parts of ten of the Commons the remaining Faction should con titute themselves their Heires and Successours a perpetual Parliament It is against the nature and essence of a Parl. to be Perpetual and against the Liberty of the People which would Crosse and Repeal the Act for a Triennial Parliament made on the same day in Law Brook Parliament 80. Relation 85. Dyer 85. 6. The last Clause of this Act concludes as much And that all and every thing or things whatsoever done or to be done to wit by the King or his Authority for the Adjournment Proroguing or Dissolving of this Parliament contrary to this present Act shall be utterly void and of none effect Now Death of the King and Dissolution of this Parliament thereby cannot properly be stiled a thing done or to be done by the King if by those words things done or to be done for the dissolving c. they shall say they related to the Kings Natural Death Natural Death is the Act of God which these Saints cannot make void if they related to His violent Death it could not then be said a thing done or to be done for the unlawfulness and injustice of it This Act passed long before any War or Bloodshed The onely pretence they have since found out for the Kings Murder 2. If this Parliament were not Dissolved by the Kings Death Yet the House of Peeres formerly Voted down by the Commons gave no consent to the passing this Act Entituled An Act of the House of Commons who without the concurring Assent of the Lords and the Kings Royal Assent have no power to passe any Act Make or Declare any Law or impose any Tax as appeares by the fore-recited Acts The Petition of Right The Act for the Triennial Parliament and this very Act against Dissolving Proroguing c. with all our Printed Statutes Parliament Rolls and Law-Books The Commons being so far from claiming the sole Legislative power heretofore as that they were not Summoned to our Ancient Parliaments which consisted onely of King Lords Temporal and Spiritual until 47 Hen. 3. nor had they so much as a House of Commons or Speaker until the Reign of Edw. 3. nor never tendred any Acts or Bills to the King but Petitions onely of Grievances until long after Rich. 2. time See the Printed Prologues to the Stat. 1 4 5 9 10 20 23 36 37. 50 Edw. 3. 1 Ric. 2. 1 2 4 5 7 9 11. 13 Hâ—n 4. 1 2 3 4 8. 9 Hen. 5. 1 2 3 4 6 8 9 10 11 14 15 28 29. 39 Hen. 6. 1 4 7 8 12 17. 22 Edw. 4. 1 Rich. 3. 3. But suppose the Commons alone had p wer to impose Taxes yet it must be in a full and free House whereas when this Act for 90000 l. a Moneth passed the House was neither Full nor Free The Major part of the House who by Law are the House to wit 8. parts of 10. at tht least being Secured or Secluded by Col. Pride and his Souldiers by Confederacy with those 40 or 50 then sitting when this Act passed and passing the Wills of the Councel of Officers to the subversion of Parliaments and the great wrong of those Counties and Burroughs for whom they served Object If it be objected that by usage of Parliament 40 Members make a House of Commons Answ 1. I Answer not to all intents and purposes Not to grant Subsidies nor pass Lawes or matters of greatest moment Modus tenendi Parl. Cooks 4. Instit pag. 1 2 26 35 36. Cromptons Juris of Courts fol. 1. 39 Edw. 3. 7. Brook Parl. 27. 1 Jac. 1. 2. 40 Members make not a House when the rest are Excluded by force without doors and fraud of their Fellow-members within doors on purpose that being the Major number they may not over-vote them The Commons not having power to expel any of their Members without consent of King and Lords in whom onely the Judicial Power resides Paribus in Pares non est Potestas Claus Dors 7 Rich. 2. M. 27. Seldens Title of Honour pag. 737 Baron Camoyes case discharged by the Kings Writ and Judgment from serving amongst the Commons because a Peer of the Realm The practice for Members to Expel and Sequester their Fellow-members being a late dangerous innovation to pack a Factious Conventicle instead of a Parliament If the King should send forth no more Writs than would Summon forty or fifty Commons it were no House Added by the Abridger So Mr. Pryn concludes That if he should voluntarily submit to pay this Tax by vertue of the said pretended Act of Parliament Dated 7. of April 1649. made by those now sitting some of whose Elections have been Voted void others of them Elected by new Illegal Writs under a new kinde of Seal since the Kings Beheading as the Earl of Pembroke and Lord Edward Howard uncapable of being Knights or Burgesses by the Common Law because Peers of the Realm as was adjudged in the Lord Cannoyes case Claus Dors 7 Rich. 2. M. 32. and asserted by Mr. Seldens Titles of Honour
Christendome with vast summes raised by publick Theft and Rapines Pressings and Leavying of Souldiers Sequestrations Plundering of Houses and Horse and many other oppressions more than the Turke Russe or Tartar ever heard of of all which our Grandees are free and lay them upon others as partially as they please purposely to consume them To make Religion but a stalking horse to their Designs and the Ministers thereof but Hostlers to rub down curry and dress it for their riding to whom they send Commands what they shall and shall not preach to the people as if preaching were the Ordinance of man not of God At last by way of preparative to their machinations they pass these following Votes 1. That all Supreme power is in the people 2. That the Supreme Authority under them is in the peoples Representatives or delegates in Parliament assembled Meaning themselves you may be sure the Quintessence and Elixar of the House of Commons extracted by those learned Chimcks Doctour Fairfax Doctour Cromwel and the rest graduated at that degraded University of Oxford Here note they voted the Supreme power to be in the people that they might use those Gulles as Conduit pipes or Trunks to convey the Supreme Authority into themselves the better to enslave the people And tickle them whilest they fasten about their necks the Iron yoke of a Military Oligarchy wearing the Mask of a perpetual Parliament 3. That whatsoever the Commons in Parliament shall enact shall have the power and force of an Act of Parliament or Law without the consent of the House of Lords or the Kings Royal Assent any statute law custome or usage to the contrary notwithstanding they might have said all our statutes laws customes c. notwithstanding This one vote hath more of Dissolution and more of Vsurpation and Innovation in it than any I yet ever read of This is universally Arbitrary and layes the Ax to the root of all our Laws Liberties Lives and properties at once What these men will they vote What they vote is Law Therefore what they will is Law 4. That to wage war or to bear Arms against the Representative body of the People or Parliament is high Treason By the Law all Treasons are committed against the King his Crown and Dignity 5. That the King hath taken up Arms against this Parliament and is therefore guilty of all the blood shed this War and should expiate those crimes with his blood If the King were not guilty these men are And therefore they passed this Vote Se defendendo Yet observe that herein they became Judges in their own cause and forejudged his Majesty before his Trial if that may be called a Trial that was carried on by men who were both Accusers Prosecuters parties and Judges and had neither Law president formality of proceedings nor any other foundation of Justice or Reason to warrant them nor were delegated by any lawful Authority These Votes thus passed and by this kinde of men were the foundation upon which they built their great Engine to destroy the King and Kingly Government together with the Religion Laws Liberties Lives and properties of the people all condemned in that deadly sentence given against the King For having as aforesaid created by their own Votes themselves as absolute a power as they pleased and cast the people and all they have into that bottomless Chaos of their Arbitrary Domination They erect an Extrajudicial unpresidented High Court of Justice to Try or rather to condemn without Trial the King consisting of 150. Commissioners Souldiers Parliament men Trades men the most violent engaged and factious incendiaries of all the Antimonarchical faction Amongst whom were many low conditioned Mechanicks and Banquerouts whose Fortunes are since repaired out of the Kings Estate and other publick Lands Goods and Offices See Stat. Recognition 1 Jac. The Oaths of Algiance Obedience and Supremacy and all our Law-books as a reward for that Royal Blood they spilt The King the Fountain of Law Justice Mercy Honour War and Peace the Head of the Parliament and Supreme Governour over all persons and in all causes thus violently removed presently as if the Mounds and banks of the Sea had been overturned an impetuous inundation of bloody thievish Tyranny and Oppression brake in upon us So that no man can call his life liberty house lands goods or any other his Rights or Franchises his own longer than the gracious aspect of some of our Grandees shine favourably upon him In the next place contrary to their own Declarations of the 9. Feb. and 17. March 1648. Wherein they promise that in all things concerning the lives liberties and properties of the people they will observe the known laws of the Land with all things incident thereto They pass misbegotten Acts of Parliament This Stat. 25 Ed. 3. c. 2. S. Johns against Strafford cals the security of the people And the Stat. 1 Hen. 4. cap. 10. Ed. 6. cap. 12. 1. Mariae 1. ratifie and highly commend one of the 14. of May another of the 17. of July 1649. whereby in derogation and annihilation of that excellent Stat. 25 Ed. 3. Chap. 2. Ascertaining Treasons and reducing them to a small number and leaving nothing to the interpretation of the Judges that the people might not be ensnared they exceeding by multiplying Treasons bringing bare words as well as deeds within the compass of that offence and making many duties to which the laws of God the land the Protestation Covenant the oaths of allegiance obedience supremacy oblige us to be high treason these new acts of treason penned in obscure ambiguous terms purposely to leave a latitude of Interpretation in their own creatures the Judges that the People may be ensnared The King thus taken out of their way They passe pretended Acts. 1. To Disinherit his Children 2. To abolish Kingly Government for ever 3. To convert our ancient well-tempered Monarchy into that which they call a Common-wealth They have converted our ancient Monarchy into a Free-state and tell us they are the State They tell us they have bestowed Liberty upon the people but they and their faction onely are the people All the rest of the English Nation are annihilated and reduced to nothing that these fellows may become all things Meer ciphers serving onely to make them of more account And this gross fallacy must not be disputed against lest their New Acts of Parliament call it Treason or Free-State although nothing be therein free but their lusts nor hath it any form or face of Civil and just Government wherein a confused Multitude rule by their own Wills without Law and for their own benefit no consideration being had of the good and happinesse of the people in general 4. They Constitute a Senate or Councel of State of 40 men amongst which some Trades-men Souldiers illiterate Lawyers Parliament-Members men already engaged over head and eares in sin therefore to be confided in to these
Annesley On several such men he bestowed great offices as Marquess of Ormond to be Lord Steward of His Honourable Houshold The Earl of Manchester Lord Chamberlain The Duke of Albemarle to be Master of the Horse and Knight of the Garter Sir Will. Morris one of the Secretaries of State which took up some time in which the Parliament according to the Kings desire proceeded in the Act of Oblivion which at last after many tedious and strong debates passed both Houses and on the _____ day of _____ in the Twelfth year of his Majesties Reign had his Royal assent and was confirmed wherein were excepted from pardon both as to Life and Estate Iohn Lisle VVilliam Say Sir Hardresse VValler Valentine VVauton Thomas Harrison Edward Whalley John Hewson VVilliam Goffe Cornelius Holland Thomas Chaloner John Carew John Jones Miles Corbet Henry Smith Gregory Clement Thomas VVogan William Heveningham Isaac Pennington Henry Martin Iohn Barkstead Gilbert Millington Edmund Ludlow Edmund Harvey Thomas Scot VVilliam Cauley John Downes Nicholas Love Vincent Potter Augustine Garland John Dixwell George Fleetwood Simon Meyne Sir Michael Livesey Robert Titchburn Owen Row Robert Lilburn Adrian Scroop Iohn Okey James Temple Peter Temple Daniel Blagrave Thomas VVayte John Cooke Andrew Broughton Edward Dendy VVilliam Hewlet Hugh Peters Francis Hacker and Daniel Axtell Who had sate in judgement on sentenced to death and did sign the instrument for the horrid murther and taking away the precious Life of our late Soveraign Lord King Charles the First of Glorious memory several of whom have by divers means in sundry places been taken and others have surrendred themselves according to a Proclamation of summons set out by the King for that purpose the persons that surrendred themselves were these Owen Row Augustine Garland Edmund Harvey Henry Smith Henry Marten Simon Meyne VVilliam Heveningham Isaac Pennington Sir Hardress Valler Robert Titchborn George Fleetwood James Temple Thomas VVayte Peter Temple Robert Lilburn Gilbert Millingon Vincent Potter Thomas VVogan and Iohn Downes And therefore though they be all attainted convicted of High Treason by the Law of the Land at a fair and legal Trial by a special Commission of Oyer and Terminer directed to several of the Judges learned in the Law and to divers other worthy and honourable persons yet they are not to suffer the pains of death but their executions are to be suspended until his Majesty by the advice and assent of the Lords and Commons in Parliament shall order the execution by Act of Parliament to be passed to that purpose The persons that have been taken were Thomas Harrison Adrian Scroop Iohn Carew Iohn Iones Francis Hacker Gregory Clement Thomas Scot Iohn Cooke Hugh Peters Daniel Axtel and VVilliam Heulet Thomas Harrison having received his Tryal and being condemned to be hanged drawn and quartered accordingly on Saturday betwixt nine and ten of the clock in the morning the thirteenth of October 1660 he was drawn upon a hurdle from Newgate to the place that is rayled in by Charing-cross where a Gibbet was erected and he hanged with his face looking towards the Banqueting-house at White-hall the fatal place pitched upon by those infernal Regicides for the solemn murther of our late Soveraign Charles the first of glorious memory when he was half dead the common Hangman cut him down cut off his privy members before his eyes then burned his bowels severed his head from his body and divided his body into four quarters which were sent back upon the same sledge that carried it to the prison of Newgate from thence his head was brought and set on a pole at the South end of Westminster-hall looking toward the City of London but his Quarters are exposed to view as a publick example upon some of the Gates of the same City His pleading at his arraignment were nothing but treasonable and seditious speeches rather justifying the crime he had committed then any whit relenting and so he continued a desperate Schismatick to the Church of England to the last moment of his breath 2. John Carew was the next that followed who at the time of his tryal endevoured onely to justify the late Rump and their actings but that would not serve his turn for it was proved that he did consult and meet together with others how to put the King to death that he sate at the time of the sentence and signed the Warrant for execution so that the Jury found him guilty of compassing and imagining the Kings death for which he was also condemned to be hanged drawn and quartered c. which sentence on Monday the fifteenth of October in the morning was put in execution on the body of the said Carew his Quarters being likewise carried back on the Hurdle to Newgate but such was the goodness of his Majesty that upon the humble intercession of his friends he was graciously pleased to give them his body to be buried though his execrable treasons had merited the contrary 3 4. The next in order were Mr. John Coke the Solicitor and Mr. Hugh Peters that Carnal Prophet and Jesuitical Chaplain to the trayterous High Court upon Cooke's Trial it was proved against him that he examined witnesses against the King that he was at the drawing of the Charge that he exhibited it in the name of the Commons assembled in Parliament and the good people of England that this Charge was of High Treason that he complained of delayes prayed that the Charge might be taken pro Confesso and at last that it was not so much he as innocent blood that demanded Justice and that notwithstanding all this he acknowledged the King to be a gracious and wise King upon which the Jury found him guilty 2. Then Peters was set to the Bar against whom was proved that he did at five several places consult about the Kings death at Windsor at Ware in Coleman-street in the Painted Chamber and in Bradshaw's house that he compared the King to Barrabas and preached to binde their Kings in chaines c. That he had been in New England that he came thence to destroy the King and foment war that he had been in arms and called the day of his Majesties Tryal a glorious day resembling the judging of the world by the Saints that he prayed for it in the Painted Chamber preached for it at White-hall St. James's Chappel St. Sepulchres and other places upon which proofes the Jury finding him guilty also of compassing and imagining the Kings death the Court sentenced them viz. Cooke and Peters both to be led back to the place from whence they came and from thence to be drawn upon a Hurdle to the place of execution c. On Tuesday following being the sixteenth of October they were drawn upon two Hurles to the rayled place near Charing-cross and executed in the same manner as the former and their Quarters returned to the place whence they came since which the head of Iohn Cooke is set on a Pole on the
graciously granted Yet now we are ten thousand times more oppressed with them and if these quarterers offer violence or villanous usage to any man in his house or family or commit murder or felony they are protected against the Laws and Justice of the Land and Triable only by a Council of War at the Head-quarters where a man can neither obtain justice nor seek it with safety 59. Martial Law So that we live under the burthen of a perpetual Army of 30000. or 40000. men exempt from all but Martial Law which frequently oppresseth seldom righteth any man witness Oliver Cromwel's taking of Tompson being no Souldier from the House of Commons door with Souldiers imprisoning and condemning him at a Council of War where he sate Judg in his own cause there being a quarrel between them yet it was held Treason in the Earl of Strafford to condemn the Lord of Valentia so being a Member of his Army because it was in time of Peace as this was Many other examples we have of the like nature and of this Army enough to perswade us that these vindicative Saints will not govern by the known Laws of the Land for which they have made us spend our money and blood but by Martial Law and Committee Law grounded upon Arbitrary Ordinances of Parliament which themselves in the first part of exact Collections p. 727. confess are not laws without the Royal assent This Army hath been dayly recruited without any Authority far beyond the said number or pay established the supernumeraries living upon free-quarter and when complaints have been made thereof in the House the Army being quartered in several Brigades supernumeraries have been disbanded in one brigade their Arms taken by their Officers 60. Cheats put upon the State and shortly after they have been listed again in another Brigade and their Arms sold again to the State after a while to new Arm them And of this sort were those Arms which being found in a Magazin in Town by some Zealots and rumoured to belong to the City for the arming of Reformado's were upon examination found to belong to Oliver Cromwel so the business was buried in silence for though the Kings over sights must be tragically published to the world yet the haynous crimes of the godly must lye hid under the mask of Religion And though they have usually taken free-quarter in one place 61. Arrears secur'd although the State ows them nothing and taken Composition money for free-quarter in another place some of them in two or three places at once 3 s. a day some of them 5 s. for a Trooper and 1 s a day and 1 s. 6 d. for a foot souldier whereby no arrears are due to them but they owe money to the State yet they have compelled the Houses to settle upon them for pretended Arrears 1. The moity of the Excise that they may have the Souldiers help in leavying it although to flatter the peope the Army had formerly declared against the Excise 2. The moity of Goldsmiths-hall 3. Remainder of Bishops Lands 4. The Customes of some Garrisons 5. Forrest Lands This Army brags They are the Saviours nay Conquerours of the Kingdom Let them say when they saved it whether at the Fight at Nazeby or taking in of Oxford and we will pay them according to the then list And for all the recuits taken in since the reducing of Oxford it is fit they be disbanded without pay having been taken in without nay against Authority to drive on wicked designs and enthrall King Parliment City and Kingdom 24. Decemb. 1647. The two Houses by their Commissioners presented to the King at Carisbrook-Castle 4. 62 4. Dethroning Bils presented to the King at Carisbrook Castle Bills to be passed as Acts of Parliament and divers Propositions to be assented to They are all printed so is his Majestis Answers to them wherefore I shall need to say the less of them only a word or two to two of the Bills 1. The Act for raising setling 63. Acts for the Militia and maintaining Forces by Sea and Land within the Kingdoms of England and Ireland Wales c. though it seems to be but for 20. years devests the King his Heirs and Successors of the power of the Militia for ever without hope of recovery but by repealing the said Act which will never be in his nor in their power for First it saith That neither the King nor His Heirs or Successors nor any other shall exercise any power over the Militia by land or sea but such as shall Act by authority and approbation of the said Lords and Commons That is a Committee of State of twenty or thirty Grandees to whom the two Houses shall transfer this trust being over-awed by the Army for the ground-work of this Committee was laid by these words though the Committee be erected since And Secondly it prohibiteh the King His Heirs and Successors c. after the expiration of the said 20. years to exercise any of the said powers without the consent of the said Lords and Commons and in all cases wherein the said Lords and Commons shall declare the safety of the Kingdom to be concerned after the said 20. years expired and shall pass any Bills for raising Arming c. Forces by Land or Sea or concerning Leavying of Money c. if the Royal assent to such Bills shall not be given by such a time c. then such Bills so passed by the Lords and Commons shall have the force of Acts of Parliament without the Royal assent Lo here a foundation laid to make an Ordinance of both Houses equal to an Act of Parliament take away the King 's Negative Voice if this be granted in one case it will be taken in another and then these subverters of our Religion Laws and Liberties will turn their usurpations into a legal Tyranny 2. It gives an unlimited Power to the two Houses to raise what Forces and what numbers for Land and Sea and of what persons without exceptions they please and to imploy them as they shall judge fit 3. To raise what Money they please for maintaining them and in what sort they think fit out of any mans Estate This is a Tax far more Arbitrary and unlimited than Ship-money and the more terrible because it depends upon the will and pleasure of a multitude who to support their own tyranny and satisfie their own hunger after other mens goods may and do create a necessity and then make that necessity the law and rule of their actions and our sufferings besides they are but our fellow subjects that usurp this Dominion over us which aggravates the indignity If the 24 Conservators of the Peace in Hen. 3. time were thought a burden to the Commons and called totidem tyranni what will our Grandees prove when the Power of the sword is theirs by Act of Parliament Besides if the King give them his Sword they may take all
deserted or never taken the Covenant to carry on new designs for their own advantage do now mis-apply the title of Malignant and Rebell to those which fight for the Covenant because they will not change their principles with them for Company And upon this ground onely were the four Aldermen seven Lords Sir John Maynard c. impeached and imprisoned onely for such actions as the Covenant which they took by authority of Parliament bound them in conscience unto and for which they had a special Ordinance of Parliament made this very Sessions and not to raise a new War as was scandalously and violently enforced upon them Had it come to a new War it must have been laid at their doores that subvert the Principles in the Covenant Many have taken the Covenant in obedience to you and are bound up by it and now to leave other men at large not to take it and accuse them of Treason for endeavouring to keep it is very unjust You have lately promised the Scots you will adhere to the Covenant How can they believe this unlesse you injoyn all to take it And so long as you put all the Arms Garrisons and ships of the Kingdom and all places of power profit and preferment into the hands of Schismaticks and Antimonarchists whose principles and actings run counter to the Covenant and such as talk much of your service but have done onely their own in order to which they refused to obey you and Disband ravished the King from you at Holdenby kept you in wardship ever-since and dishonoured and brought you low 〈◊〉 treasonable scandalous threatning Engagements Declarati◠〈◊〉 Remonstrances and other Papers But those that would have had the Covenant current could not get the question put 96. Oâ—burn's information concerning a design to murder the King See The Independents loyalty a Book so called Upon Saturday 17 June 1648 about one of the clock afternoon most of the House being gone to dinner and very few Presbyterians left the Speaker of the House of Commons stood up and told the House that he had received Letters from Richard Osburn he that projected to deliver the King out of the custody of Colonel Hammond at Carisbrook-Castle that he conceived the Letters tended only to the setting of us altogether by the Ears and propounded whether they should be read or no some were against the reading of them but the Major part called to have them read which was doâ—e accordingly The Letter to the said Speaker had a copy of another Letter enclosed in it to the Lord Wharton which bore date 1 June 1648. to this purpose Giving his Lordship to understand That upon private conference with Captain ROLF a man very intimate with Colonel Hammond and high in the esteem of the Army the said Captain Rolf told him the said Osburn that to his knowledge Hammond had received several Letters from the Army advising him to remove the KING out of the way by Poyson or any other means for it would much conduce to their affairs But said Rolf Hammond had a good allowance for keeping the KING and is therefore unwilling to lose so beneficial an imployment But saith Rolf if you will joyn with me we will endeavour to convey away the KING to some secret place and we may then do what we will with Him Osburn offers in his said Letter That if he may come and go with safety he would come and justifie the same upon Oath He likewise writ to the Speaker of the Lords House about it Then was read Osburn's Letter to Mr. Lenthall Speaker dated 10. June 1648. containing the same Narration with an offer to appear and make it good upon Oath if he might come and go with safety and freedom The Clerk had no sooner done reading this Letter but with a slight neglect and the laughter of some Members the businesse was passed over without debate and Mr. Scawen stood up to propound a new businesse from the Army when presently Mr. Walker interrupting Scawen desired to speak a 〈◊〉 to the late businesse and asked Mr. Speaker from whence 〈◊〉 Letter came and who brought it the Speaker called upon the Sergeant of the Mace who Answered The Letter was given him at the door by a man that he knew not that he had many Letters and Papers thrust upon him of which he could give no account but he would endeavour to find the Messenger Then Mr. Walker urged that such an information coming to the House ought not to be neglected whether true or false but to be examined and sifted to the bottom If the KING should die a naturall death or any mischance befall him the People calling to mind how little care we had taken of his safety would never be satisfied with our protestation and moved that a Committee might be named to examine Osburn Rolf Hammond and such others whose names should occur in the Examination This was seconded by Sir Simond Dewes Mr. Henry Hungerford Mr. Edward Stevens and some others who pressed it farther but received a slight Answer That those that desired to examine the businesse knew not where to find Osburn That Osburn was a Malignant and had attempted to set the KING at liberty To which Mr. Walker replied That the other day we had named a Committee to examine the businesse concerning the Foot-boy that strook Sir Henry Mildmay and yet we neither knew then where to find the Foot-boy or what his name was If we do but publish that Osburn shall with freedom and safety come and go in case he appear to make good his Charge either he will appear or we shall declare him an Impostor and punish him when we take him and clear the reputation of those upon whom this Letter seems to reflect Consider how vast a difference there is between beating a Subject and Killing a King And if Osburn whom I know not be a Malignant yet unlesse you can prove him a Nullifidian or a person convict of Perjury both according to the Rules of Christian Charity and in the charitable intendment of our Laws his Oath is valid and good Then Tho. Scot stood up and said That this pressing for a Committee to examine this businesse was but a device to draw Colonel Hammond and Rolf up to Town to be examined that the KING might the easier make an escape And Sir John Evelin of Wilts alleged that he conceived this was an invention of Osburns to bring the King to Town with Honour Freedom and Safety Then Walker stood up again but was interrupted by Master Hill and not suffered to speak having already spoken twice At the end of almost every motion made for a Committee to examine the businesse either Mr. Scawen or Major General Skippon stood up and offered to divert the businesse by new matter concerning the Army which usually beareth all other businesses down before it At last those few that moved for an Examination of this Information having spoken as often as the
Setlement may be immediately suspend tâ—e Hâ—uâ—e and that all such faithfull Members who are innâ—cent of 〈…〉 s would by Protestation acquit themselves from any 〈◊〉 in them that they may be distinguished This is â—o subvâ—â—t the foundation of Parliaments and appeale to the judgement of the many-headed multitude without doors and put all into Tumâ—lts You see what kind of Parliament the Kingdome hath had ever since the Army Rebelled and Refused to Disband a â—eer â—ree-Schoole where Crommel is Head-school-master Irâ—â—n Usâ—eâ— and that cypher Fairfax a Prepositer surely these â—en are either the supreme Judges or the supreme Rebels and Tyrants of the Kingdome This Paper was delivered in but they scorning to sâ—ay for an Answer by advice of their Independent Grandees of the Junto upon Wednesday morning Decemb. 6. 16â—8 Sent two or three Regiments of Horse and Foot to Wâ—stminster set strong Guards at the Houses doors the Lobby câ—aires and at every door leading towards the House admitting none but Parliament men to enter Westminster-hall where Col. Pride Col. Hâ—wson and Hardres Waller sometimes a Cavalier then a violent Presbyterian and now a tyrannical â—ndependent violently seized upon divers Knights and Burgesses upon the â—arliament staires and elswhere going to the House and forcibly carried them away Prisoners to the Queens Court without any warrant shewed or cause assigned and there set strict Guards upon them Mr. Edward Stephens and Col. Birche being in the House of Commons were called forth by feigned Messages sent in by some Officers under other Mens Names and there violently pulled out of the door though they called to the Speaker to take notice of the force The House sent the Sergeant of the â—ace to command the Imprisoned Members attendance but the Guards would not let them come A second time the Sergeant was sent with his Mace upon the same Errand but Col. Pride in the Lobby would not let him passe which contempt was entred in the Journall Book Hereupon the House concluded not to proceed in businesse until their Members were restored and sent to the General about it yet afterwards when the Officers had several dayes secured secluded and frighted away more of the Members and made the House a Conventicle of their own Complexion then the House prevaricated and deserted their Members About three of the Clock afternoon Hugh Peters with a Sword by his side but not the Sword of Saint Peter came into the Queens Court to take a List of the Prisoners Names by order from the Generall as he said where being demanded by what Authority they were imprisoned he answered By the power of the Sword Night being come the Imprisoned Members 41. in number were conveyed away to a Victualling-House called HELL and there kept all Night without Beds or any fitting Accommodation when it grew late some of them had offers made them to go upon their Parolls to their own Lodgings and to appear the next morning at White-hall but this was but a jugling trick to make them acknowledge the Lord Fairfax Authority and become voluntary prisoners upon their own engagementâ— and was therefore refused The next morning being Thursday the Imprisoned Members had warning given them to meet the General and his Councel of Warr at White-hall whither they were guarded in Coaches tyred out with watching and fasting But the mechanick Councel took so much state upon them that after six or seven houres attendance until dark night and no admittance nor application to them they were led away from thence on foot with Guards of Musketiers like Thieves and Rogues and thorow the kennels like Col. Prides Dray-horses to the Swan and Kings-head two Innes in the Strand and there distributed under several Centinels The Souldiers making a stand with them sometimes half an houre together in the snow and raine until they had put their Guards into a maâ—ching posture and reviling them See the 2. part of Englands Chaines discovered and the Hunting of the Foxes c. that they were the men that had cousened the State of their money and kept back their Pay Upon which scandalous provocation some of them Answered That it was the Committee of the Army and their owne Officers that had cousened them which some of the Foot-souldiers then acknowledged Besides the 41. Imprisoned Members the Officers standing several dayes with Lists of Names in their hands at the Parliament-door have turned back from the House and denied entrance unto above 160. other Members besides 40. or 50. Members who voluntarily withdrew to avoid their violence all whom they know to be Losers by the VVarre and therefore desirous of a safe and wel-grounded peace so that they have made warre against the majority of the House that is against the whole House for major pars obtinet rationem totius by all our Lawes and Customes The major part of the House is virtually the whole House which is Treason by their owne Declarations and Remonstrance farre higher than that whereof they accuse the King and for which they demand Justice against Him and the remaining faction of 40. or 50. engaged Members who now passe unpresidented Acts of Parliament of the House of Commons as they call them without the Lords ought not to sit Act nor take upon them the stile of a House under so visible actual and horrid a force both by the Lawes of the Land and their owne Ordinance passed August 20. 1647 To null and void alâ— Orders Votes and Acts passed under the Tumult of Apprentices from July 26. to the 6. August following and yet the said Tumult ended the said July 26. when it begun See the said Ordinance herewith printed The Army who now acknowledge no power but that of the Sword as Major White long since foretold at Putney and whose principle it is To break the Powers of the Earth to pieces as Will. Sedgewicke in his Justice upon the Army-Remonstrance saith And who as Joh. Lilburne in his Plea for Common Right p. 6. saith have by these extraordinary proceedings overturned all the visible supreme Authority of this Nation now suffer only their own party of 40. or 50. Members to sit and do journey-work under them who are Enemies to peace and have got well by fishing in troubled waters and hope to get better so that hardly a seventh or eight part of the Counties Cities and Burroughs that ought to have Members sitting have any body to represent them and therfore how they shall be bound by the Votes and Acts of this fagge end this Rump of a Parliament with corrupt Maggots in it I doe not see Friday Decemb. 8. a Message from the General was brought to Sir Robert Harlow that he might go home to his house giving his engagement not to oppose the actings and proceedings of this present Parliament and Army The like was offered to diverse others you see hereby what the offence of these Imprisoned Members is onely a feare that they will defend the fundamental Government the
about the thirtieth day of June in the year of our Lord one thousand six hundred forty and two at Beverley in the County of York and upon or about the thirtieth day of July in the year aforesaid in the County of the City of York and upon or about the twenty fourth day of August in the same year at the County of the Town of Nottingham when and where he set up his Standard of War and also on or about the twenty third day of October in the same year at Edgehill and Keinton-field in the County of Warwick and upon or about the thirtieth day of November in the same year at Brainford in the County of Middlesex and upon or about the thirtieth day of August in the year of our Lord one thousand six hundred fourty and three at Cavesham-bridge neer Reading in the County of Berks and upon or about the thirtieth day of October in the year last mentioned at or neer the City of Gloucester And upon or about the thirtieth day of November in the year last mentioned at Newbury in the County of Berks And upon or about the one and thirtieth day of July in the year of our Lord one thousand six hundred forty and four at Cropredy-bridge in the County of Oxon And upon or about the thirtieth day of September in the year last mentioned at Bodmin and other places neer adjacent in the County of Cornwall And upon or about the thirtieth day of November in the year last mentioned at Newbury aforesaid And upon or about the eighth day of June in the year of our Lord one thousand six hundred forty and five at the Towne of Leicester And also upon the fourteenth day of the same moneth in the same year at Naseby-field in the County of Northampton At which several times and places or most of them and at many other places in this Land at several other times within the years aforementioned And in the year of our Lord one thousand six hundred forty and six He the said Charles Stuart hath caused and procured many thousands of the free-people of the Nation to be slaine and by Divisions Parties and Insurrections within this Land by invasions from forraigne parts endeavoured and procured by Him and by many other evill waies and meanes He the said Charles Stuart hath not only maintained and carried on the said Warre both by Land and Sea during the years before mentioned but also hath renewed or caused to be renewed the said Warre against the Parliament and good people of this Nation in this present yeare one thousand six hundred forty and eight in the Counties of Kent Essex Surrey Sussex Middlesex and many other Counties and places in England and Wales and also by Sea And particularly He the said Charles Stuart hath for that purpose given Commissions to his Sonne the Prince and others whereby besides multitudes of other Persons many such as were by the Parliament intrusted and employed for the safety of the Nation being by Him or his Agents corrupted to the betraying of their Trust and revolting from the Parliament have had entertainement and commission for the continuing and renewing of Warre and Hostility against the said Parliament and People as aforesaid By which cruell and unnaturall Warres by Him the said Charles Stuart levyed continued and renewed as aforesaid much Innocent bloud of the Free-people of this Nation hath been spilt many Families have been undone the Publique Treasury wasted and exhausted Trade obstructed and miserably decayed vast expence and damage to the Nation incurred and many parts of the Land spoyled some of them even to desolation And for further prosecution of His said evill Designes He the said Charles Stuart doth still continue his Commissions to the said Prince and other Rebels and Revolters both English and Forraigners and to the Earle of Ormond and to the Irish Rebels and Revolters associated with him from whom further Invasions upon this Land are threatned upon the procurement and on the behalf of the said Charles Stuart All which wicked Designes Warrs and evill practises of Him the said Charles Stuart have been and are carried on for the advancing and upholding of the Personall Interest of Will and Power and pretended prerogative to Himself and his Family against the publique Interest Common Right Liberty Justice and Peace of the people of this Nation by and for whom He was entrusted as aforesaid By all which it appeareth that He the said Charles Stuart hath been and is the Occasioner Author and Contriver of the said unnaturall cruell and bloudy Warrs and therein guilty of all the treasons murthers rapines burnings spoiles desolations damage and mischief to this Nation acted or committed in the said Warrs or occasioned therby And the said John Cook by Protestation saving on the behalfe of the people of England the liberty of Exhibiting at any time hereafter any other Charge against the said Charles Stuart and also of replying to the Answers which the said Charles Stuart shall make to the premises or any of them or any other Charge that shall be so exhibited doth for the said treasons and crimes on the behalf of the said people of England Impeach the said Charles Stuart as a Tyrant Traytor Murtherer and a publique and implacable Enemy to the Common-wealth of England And pray that the said Charles Stuart King of England may be put to answer all and every the premises That such Proceedings Examinations Tryals Sentence and Judgment may be thereupon had or shall be agreeable to Justice The King smiled often during the reading of the Charge especially at these words Tyrant Traytor Murderer and publique Enemy of the Commonwealth President Sir you have now heard your Charge you finde that in the close of it it is prayed to the Court in behalfe of the Commons of England that you answer to your Charge which the Court expects King I would know by what power I am called hither I was not long ago in the Isle of Wight how I came there is a longer story then I think fit at this time for me to speak But there I entred into a Treaty with both Houses of Parliament with as much faith as is possible to be had of any People in the World I Treated there with a number of Honourable Lords and Gentlemen and treated honestly and uprightly I cannot say but that they did very nobly with Me We were upon a Conclusion of the Treaty Now I would know by what lawful Authority there are many unlawfull Authorities Thieves and Robbers on the High-way I was brought from thence and carried from place to place and I know not what and when I know by what lawfull Authority I shall Answer Remember I am your King your lawfull King and what sinns you bring upon your own heads and the judgment of God upon this Land think well upon it think well upon it I say before you go on from one sinne to a greater therefore let me know by what
much more to act it Queen or their eldest Son and Heyre 2. To violate the KING'S Companion eldest Daughter unmarried or the Wife of the KING' 's eldest Son and Heyre 3. To leavy War against the King or adhere to his Enemies in his Realm and thereof be proveably attained of open deed by people of their condition 4. To counterfeit the King 's Great or Privy Seal 5. Or his M ney 6. To slay the King's Chancellor Treasurer Justices of one Bench or other Justices in Eyre Justices in Assize and all other Justices assigned to hear and determine being in their Places doing their Offices If any other case supposed Treason which is not above specified So the four Lords ought to have been Tried not by a new shambles of Justice doth happen before any Justices the Justices shall tarry without any going to Judgement of the Treason till the Cause be shewed and declared before the King and his Parliament not before the House of Commons only or before both Houses without the King whether it ought to be adjudged Treason You see how few in number these Treasons specified are and that they must be attained of open deed by their Peers our words were free under Monarchy though not free under our Free-State so were they under the Romans Tacitus An. 1. sub finem seaking of Treasons facia arguebantut dicta impune erant These horrible tyrannies considered and being destitute of all other less desperate relief I do here solemnly declare and protest before that God that hath made mee a Man and not a Beast a Free-man and not a Slave that if any man whatsoever that taketh upon him the reverend name and title of a Judge or Justice shall give Sentence of Death upon any friend of mine upon this or any other illegal Act of this piece of a House of Commons I will and lawfully may the enslaving scar-crow doctrine of all time-serving State-flattering Priests and Ministers notwithstanding follow the examples of Sampson Judith Jael and Ehud and by Ponyard Pistol Poyson or any other means whatsoever secret or open prosecute to the Death the said Judge and Justice and all their principal Abettors And I do here invite and exhort all generous free-born English-men to the like resolutions and to enter into Leagues defensive and offensive and sacramental associations seven or eight in a company or as many as can well confide in one another to defend and revenge mutually one anothers Persons Lives Limbs and Liberties as aforesaid against this and all other illegal and tyrannous Usurpations 162. A motion to inlarge Sir Will. Waller c. And the Generals Answer intimating the securing of the Members to be done by confederacy with the Army-party in the House About this time or a little before the General was moved to enlarge Sir William Waller and the other Members illegally kept Prisoners in Windsor He answered They were no longer his but the Parliaments prisoners It should seem the Brute hath made a private deed of gift of them to his Journy-men of the House The Generals Warrant seized and imprisoned them and notwithstanding the Councel of Officers declared in Print that they were preparing a Charge against them yet the Knaves lyed like Saints they were then so far from having matter to accuse them of that they have ever since hunted after a Charge against them and endeavoured to suborn Witnesses but after 24 weeks restraint whereas by the Law no man ought to be committed without an accusation they have found nothing against them This turning over of these Prisoners to the House of Commons proves what I formerly asserted in Sect. 24. That the violence of the Army in securing and secluding the Members was by consent of their Somerset-house Junto now sitting in the House of Commons 163 The General sends forth Warrants to all Justices of the Peace to attach those Levellers that he had routed The honest Levellers most of them Country-men endeavouring to draw to a Randezvouz about 600. or 700. of them marched from Banbury to Burford in Oxfordshire where lying securely because they were upon treaty with the Enemy their Quarters were beaten up and about 180. of them taken Prisoners which their enemies according to their usual custome to gain reputation by lying reported to be so many Hundreds And the General as if they had been all routed sent forth his Warrants to all Justices of the Peace in the adjacent Counties requiring them to apprehend and secure all such of them as shall be found I desire to know by what Authority the General takes upon him to command Justices of the Peace who are not under his Power and what tame Animals these Justices are that will submit to his commands and whether he thinks the Civil Magistrate to be obnoxious to the Power of the Sword and the Councel of Officers See the Vote and Act for abolishing the Kingly office 164. and his single self the Supreme Magistrate or Tyrant Paramount notwitstanding the Vote of his Journey-men Commons That no single Man should be trusted with the Supreme Power The Levellers having possessed themselves of Northampton the General it is said thought fit to take hold of the Horns of the Altar The General sends to the City for additional Forces and wrote to his vassals of the City to send their Trained Bands to his relief that he might the better domineer over them and continue their slavery hereafter But if the Citizens have no more wit I wish their Horns may be as visible in their fore-heads as the Nose in Olivers face To cozen the honest Levellers 165. The Commons colourably debate to dissolve this Parl. and settle a succeeding Representative the Commons in order to the ending this present Parliament are debating how to pack a succeeding Representative as wicked as themselves and of the same leaven whose Election shall not be free but bounded with such Orders of limitation and restriction as shall shut out all men from electing or being elected as are not precisely of the same principles and practices and as deep engaged in their tyrannical trayterous cheating bloody designs as themselves guilty Committee-men and Accountants to the State shall be the next Representative and for the better lengthening of the businesse that they may see what success in the mean time the Levellers will have they wire-draw it through a Committee and refer it to be debated by a Committee of the whole House And at last if they must dissolve having packed themselves into a Councel of State they will usurp the Supreme Authority there to prepare the way to which design they have passed another Act May 19. That the People shall be Governed as a Free-state by Representatives and by such as they shall constitute and then consider what kind of Representatives we are like to have Great care is taken that the State or rather our States-mens private pockets might not be prejudiced by Judgments
him and then the Mayor conducted them all to Christ-Church where the Commons Councel of State General and his Officers together with the Mayor Aldermen and Common Councel c. mocked God with their Devotions where Mr. Tho. Goodwin and Mr. Owen preached out of the Politicks to them from thence they were conducted to a great Dinner at Grocers-hall and entertained in the quality of a Free State no man bring admitted without delivering his Ticket They were all strongly guarded with Souldiers and every Cook had an Oath given to be true to them which shâ—wed they had more of fear and guilt thah of confidence and innocency within them Great Presents of Plate given to his Excellency Fairfax and to his Super-excellency Cromw l and to others fit to be chronicled in Stowâ— and Hollingsheads Volumes 177. A necessary advertisement to all honest Presbyterians See K. Charles the first his book The Portraicture of his Majesty in his solitudes sufferings Some over-hastily expect the King should satisfie the Presbyterians by his Declaration but the height of the Independents malice their guilty fears are such as may endanger the d awing on a Massacâ—e upon them by such a course amongst other solemn Fooleries let it not be omitted that Hugh Peter and many other Saints were too full of the Creature anglice Drunk I am to give a necessary advertisement to all men that though the young King shews much respect and a desire of reconcilement according to his dead Fathers never-dying precepts to all moderate men and Presbyterians that make Addresses to Him yet it is complained of by some who look not into the undermining practises of our new Statists that some few of His Counsellors and Followers are as violent against the more moderate and honest Presbyterians as against the Independents who murdered his Father but these zealous Royalist are either some passionate light-brain'd men of little discretion and less power with him or else some false-hearted Penâ—ioners to our new State and such as have under-hand an Indemnity for their own Estates in England who stand like Scar-crows about His Majesty to fright away such as return to their Loyalty and tender their due Allegiance to Him thereby to weaken the hands of his Majesty and cut off the hopes of this Nation from depending upon him who as our undoubted Sovereign both by the Laws of God and the Land and Gods Vice-gerenâ— in His three Kingdomes onely can and will if we forsake not him and our selves free and protect us from the many-headed miserable arbitrary tyranny we now starve and bleed under and restore unto us again our Religion Laws and Liberties our Wives Children and Estates Trading Husbandry peace and plenâ—y now held in more than Aegyptian bondage by our cruel bloody and thievish Task-masters See a Book entituted His Majesties gracious Messages for peace Mr. Pryns Speech 5. Dec. 1648. in the House And the secured Members Reply to the Councel of War Remember his deceased Majesties gracious Messages frequently sent for peace and reconcilement Remember His Concessions to His Parliament upon the last Treaty more than ever any King granted to His People Remember His pious meek and Christian Martyrdome suffered for His People which bitter Cup had passed from Him if He would have built up and established this Babel of Tyranny now insulting over us and have turned our wel-mixed Monarchy into an Olygarchical legal Tyranny by adding His Royal Assent to their wicked Demands tendered to Him but two dayes before His Translation from this valley of teares Remember His Posthumus Book to His Son full of Precâ—pts savouring meerly of piety Christian wisdom charitie and forgiveness to His very Enemies and then judge whether our late King or our usurping Kinglings now scratching and tearing us making one War beget another 1 King 3. perpetuating an Army and domineering over us by the power of the Sword were the natural Parent whose bowels yearned upon this now Orphan Child the English Nation dying and expiring under this new Corporation of Tyrants Oath of Allegiance and Stat. of Recognition 1 Jacobi the putative Patent which overlayed it He that acknowledged Allegiance to the Father cannot deny it to his Son as having sworn to hear faith and true Allegiance to the King his Father and to his lawful Heirs and Successors which our usurping Hogens Mogens cannot pretend to be so that as well for duty and conscience to God and their own Souls as for a necessary and just protection of their lives and estates all honest and wise men ought to cast themselves into the Arms of his Dâ—ead Majesty our present KING as the only sanctuary of their salvation and not suffer themselves to be so far mis-led by vain reports as to be more afraid of their cure than of their disease Stultorum incurata pudor malas ulcera celat Sâ—lomon hath shewed you out of the Cabinet of Nature the difference between a Natural-mother and a Step-mother Dictum de Kennelworth and that you may see the difference between a natural King correcting his own people with fatherly compassion for examples sake and a Usurper wounding killing and robbing those which are none of his own his fellow-servants for his lust and lucre sake I will set down a short Abridgement of our own famous Dictum de Kennelworth and first the occasion thereof which was thus Simon de Montford Earl of Leicester conspiring with many other great men rebelled against Henry 3. pretending after the manner of all Rebels Reformation of publick Grievances He overthrew the King in battel took Him and his Son Prince Edward Prisoners the Prince after a while escaped out of Prison raised an Army overthrew and slew in the Battel of Evesham Simon Montford subdued the whole Party rescued and re-inthroned his Father Cummissions were sent forth to prevent future troubles and settle mem minds grown desperate with fear what horrid punishents so horrible a Rebellion would bring upon them The result of all is contained in the said Dictum de Kennelworth as I find it in Magna Charta veteri fol. 60. part 2. observe the moderation pf it No man bled to death for it but in the field the blood of war was not shed in time of peace the King did not slay those whom he had taken with his Sword and with his Bow but reasonably fined them not unto destruction though the known Laws called them Traitors See the late History of the Marquess of Montross what gentle use he made of his Victory after he had subdued the strength of Scotland at Battel of Kylsythe and put them into his power for life lands and goods they were but once punished not always tormented and kept upon the rack after the late custom of our fellow-Servants and Subjects who will never suffer the partition-wall between us to be thrown down England once more to become one Nation and one people and our broken bones to