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 Diurnall from 1. Ian. to the 8. of Ian. 1648. Numb 286. c. That the Lords and Commons assembled in Parliament doe declare and adjudge That by the fundamentall Lawes of the Realme it is Treason in the King of England for the time to come to levie War against the Parliament and Kingdome of England So together with this declaratory Vote the said Ordinance was carried up to the Lords by that Renegado Lord Gray of Grooby Ian 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 Traytour 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 leavie Warre first against the Houses we have no Law to make it Treason in Him so to doe And for us to declare Treson 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 daies Ian. 3. The Zealots of the Commons were very angry at the Lords and threatned to clap a Pad-lock on the Dore of their House but at last they sent up some of their Members to examine the Lords Book and see what they had 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 thereupon 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 wherein the Lords are joyned shall be empowred and enjoyned to sit and act and execute in the said severall 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 Iudges must either condemne Him or be condemned others thought it more prudence to touch their Priviledges and let alone their Persons Die Iovis 4. Ian. 1648. The Commons passed these 3. Votes A question in Divinity voted in Parliament never agreed to by Divines This we find de facto in the subversion of our Religion Lawes Liberties and Properties though not de jure You see that since both Houses ravish'd the Supremacy from the King and a petty Faction from the Houses our Lawes are first shrunke into arbitrary Ordinances of both Houses and now into Orders of a remaining Faction of one House 1. That the People that is their owne faction according to their said Principle are under God the originall of all just power 2. That the Commons of England in Parliament assembled being chosen by and representing the People have the Supreme power of this Nation 3. That whatsoever is enacted or declared for Law by the House of Commons assembled in Parliament hath the force of Law and all the People of this Nation are concluded thereby although the consent or concurrence of the King or House of Peers be not had thereunto This chain-shot sweeps away King Lords Laws Liberties property and fundamentall Government of this Nation at once and deposites all that is or can be neer or deare unto us in scrinio pectoris in the bosomes and consciences of 50. or 60. factious covetous Saints the dregs and lees of the House of Commons sitting and acting under the power of an Army and yet the House of Commons never had any Power of Iudicature nor can legally administer an Oath but this in pursuance of their aforesaid Principle That they may passe through any forme of Government to carry on their Designe The Diurnall tells you there was not a Negative Voice this shevves under vvhat a terror they sit vvhen in things so apparently untrue no man durst say No so the said Declaratory Vote and Ordinance for Triall of His Majesty by a Court Martiall if the Diurnall speake true and yet the King no Prisoner of VVar vvas passed onely in the name and by the Authority of the Commons Notvvithstanding the Order of the House That the Clerke should not deliver a Copy of the said Ordinance to any man I here present the Reader vvith a Copie thereof 59. The Act for Triall of the King An Act of Parliament of the House of Commons for Tryall of Charles Stuart King of England WHereas it is notorious that Charles Stuart the now King of England was not content with the many incroachments which his Predecessors had made upon the People in their Rights and Freedome hath had a wicked Designe to subvert the antient and fundamentall Lawes and Liberties of this Nation and in their place to introduce an Arbytrary and Tyrannicall Government and that besides all evill waies to bring His Design to passe He hath prosecuted it with fire and sword Quaere VVhether the Faction doe not translate these Crimes from themselves to the King with many others leavied and maintained a Civill VVarre in the Land against the Parliament and Kingdome whereby this Country hath been miserably wasted the publique Treasure exhausted Trade decayed thousands of People murdered and infinite of other mischiefs committed sor all which high offences the said Charles Stuart might long since have been brought to exemplary and condigne punishment VVhereas also
Lands to maintaine supernumerary Itinerant Ministers who should be Authorized to go up and downe compassing the earth and adulterate other Mens Pulpits and Congregations and put affronts and raise factions and scandals upon such orthodox and conscientious Ministers in order to their Sequestration as cannot frame their Doctrine to the damnable practises and Anarchicall principles of the times These wandering Apostles are to preach Antimonarchicall seditious doctrine to the people sutable to that they call the present Government to raise the raskall multitude and schismaticall rabble against all men of best quality in the Kingdome to draw them into Associations and Combinations with one another in every County and with the Army against all Lords Gentry Ministers Lawyers rich and peaceable men and all that are Lovers of the old Lawes and Government for the better rooting of them out that themselves alone may inhabite the earth and establish their new tyranny or Kingdome of the Saints upon the ruines of our antient Monarchy These men like Balaam shall blesse and curse for hire and vent State-news State-doctrine and poyson the people with such changeable and various principles as from time to time shall be dictated to them by those Pseudo-polititians as now sit at the Helme they shall cousen the people with pretended illuminations Revelations and Inspirations and powre out all the Vials of Gods wrath amongst them Cromwell and Ireton and their Faction 149. A fraudulent Reconciliation and uniting of Interests attempted with a Mock-fast for that purpose having formerly deluded all the Interests and Parties of this Kingdome were arrived to that highth of impudence as to endeavour to cheat them all over againe they had by murdering the King abolishing the House of Lords putting an execrable force upon the farre major part of the House of Commons making themselves and their Party a tyrannicall Councell of State to usurp the Supreme power and Government See a Paper called Arguments against all Accommodation between the City of London and the engaged Grandees of the Parl and Army And A seasonable Caution to the City of London printed at the latter end of Relation Observations Hist Pol. c. endeavouring a toleration of all Religions attempting to take away Tythes mocking and then tyrannizing over that part of the Army they please to miscall Levellers distracted and discontented all Parties within the Kingdom and stirred up all the Princes of Christendome to defend the common interest of Kings now controverted in England This cloud threatned to poure downe a new Warre upon them to provide a remedy therefore for this soare Cromwell moved in the House of Commons That the Presbyterian Government might be setled promising his endeuours thereto but whether he meant a Classicall or Congregationall Presbytery which differs little or nothing from Independency he did not declare and here lyeth the fallacy he likewise moved that the secured and secluded Members might againe be invited into the House they sent their Agents both Lay-men and Ministers amongst whom Mr. Marshall Nye Carrell Goodwin and Hugh Peters were chief to cajole and decoy the Ministers Citizens and the expulsed Members with discourses and propositions they told them The Presbyterians had differed from the King in point of civill Interest which was more irreconcilable than that interest of Church-Government whatsoever shew was made to the contrary They will not endure to heare of the KING 's exemplary patience and Christian charity to all nor of His precepts and strict injunctions to His Sonne of clemency and abstinency from revenge contained in His last Booke The Pourtraicture of His Majesty These things will both apologize for our young King and condemne our bloudy vindicative Saints That the Presbyterians as well as the Independents made Warre against the late King brought Him low and prepared Him to receive his late deadly Blow from the Independents and therefore the King would looke upon both Parties as equally guilty and was deeply engaged in point of interest to cut off both Parties Endevouring by these discourses to put the Presbyterians into despaire their own and Iudas's sinne and then to work upon that base and cowardly principle of self-preservation and invite them to joyne with them in point of civill Interest and common Defence But their kindness was but like that of a malitious Man who having plague-soars upon him embraceth his Friend rather to infect than cherish him they know that by sitting voting acting and complying with them whose actions the Laws of God and the Land have damned and anathematized with the highest condemnation they should contract the guilt of all their forepassed crimes and treasons in the meane time the Presbyterians should sit and act but as a suspected Party and should be baffled and turned out again when the danger is past the Independents keeping in their owne hands all the power profits and preferments of the Land and using the Presbyterian party but as Gibeonites Hewers of wood and Drawers of water under them they invited them therefore to share with them in their sinnes shames and punishments but would keep Achans Wedge and the Babylonish Carment the profit of their crimes to themselves And as if it were not sufficient to cousen Man without mocking God the House of Commons Ordered a strict Fast to be kept upon Thursday 19 April 1649. as a day of Humiliation to implore Gods forgivenesse for the ingratitude of the people who did not sufficiently acknowledge with thankefulnesse Gods great mercies upon this Land in freeing them from Monarchy and bestowing liberty upon them by changing Kingly Government into a Free-State or Republique The Faction knew that to partake with them in these prayers was to partake of their sinnes God deliver us from those deceitfull lips whose prayers are snares whose kisses prove curses and whose devotion leads to damnation Neuer was Fast injoyned with more severity nor neglected with more contempt and horror men shunning it like the sinnes of Rebellion and Witchcraft Besides their consciences told them that they never suffered the thousandth part of the oppressions they now groane under About this time it was debated to send Supplies for Ireland 150. The jugling designe of sending part of the Army for Ireland the predominant Grandees were desirous to purge the Army as they had done the House and send the Levellers Assertors of Liberty thether the Levellers were desirous to keep their ground here and send the more mercinary enslaving and enslaved part of the Army the better to colour the designe Cromwell undertooke to be Conductor of this expedition and light them the way into Ireland with his illuminated Nose having taken order before hand that his precious selfe should be recalled time enough to keep up his party in England from sinking by his longer absence and the better to accommodate the businesse Lots were severall times cast what Regiments should goe but the Lots not falling out to the minds of the Generall Councell of
onely two months pay 2. They have taken away three parts of their Arreares for Free-quater without satisfaction to the Country And at last force them to sell their Debentures at the aforesaid rates that those Souldiers that are continued in Armes shall fare no better when they have served their turnes with them Pag. 10 they say Their engagements against the King was not out of any Personall enmity but simply against his Oppressions and Tyranny on the People but the use and advantage on all the successe God hath been pleased to give us is perverted to that end That by His removall the Ruling Sword men might intrude into His Throne set up a Martiall Monarchy more cruell arbitrary and tyrannicall than England ever tasted of that under the notion of a Free-State when as the People had no share at all in the constitution thereof but by the treachery and falsnesse of the Lieutenant Generall Cromwell and his Son-in-Law Ireton with their Faction was inforced and obtruded by meer Conquest on the People And a little after now rather then to be thus vassallized thus trampled and trod under soot by such as over our backs have stepped into the Chaire of this hatefull Kingship over us in despight of the consent choice and allowance of the Free-People of this Land the true fountaine and originall of all just Power as their owne Votes against Kingly Government confesse we will chuse subjection to the PRINCE chusing rather ten thousand times to be His Slaves than theirs c. Pag. 11. They Vote and Declare The People the Supreme Power the Originall of all just Authority pretend the promotion of the Agreement of the People stile this The first yeare of Englands Freedome entitle the Government A Free State and yet none more bloody violent and perverse Enemies thereto for not under paines of death and confiscation of Lands and Goods may any man challenge or promote those Rights of the Nation so lately pretended by themselves Nothing but their boundlesse lawlesse wills their naked Swords Armies Armes is now Law in England c. 16. August 1649. Col. 209. Col Morrice Governour of Pontefract for the King Endicted at the Assizes at York condemned and executed Morrcie who kept Pontefract-Castle for the KING was Endicted before Iudge Thorpe and Pulleston at Yorke Assizes upon the Stat. 25. Edw. 3. for leavying Warre against the late King and Parliament The Colonel challenged one Brooke Fore-man of the Iury for being his professed Enemy but the Court knowing Brooke to be the principall Verbe the Key of their worke answered Morrice He spake too late Brooke was sworne already Brooke being asked the Question Whether he were sworne or no replied He had not yet kissed the Booke The Court answered It was no matter that was but a Ceremony alleaging he was recorded Sworne there was no speaking against a Record Sure they made great haste to record him sworne before he could kisse the Booke so Brooke was kept in upon this cavill by whose obstinacy Morrice was condemned I cannot wonder that legall Formes Ceremonies are laid by although justice cannot subsist without those Legalities to ascertaine her proceedings which otherwaies would be left at large to the discretion of the Iudge when I see our knowne Lawes Magna Charta the Petition of Right 3. Carol. and the rest with the fundamentall Government of this Nation pulled up by the roots to carry on their Designes of enslaving the People to their lusts notwithstanding the Parliaments Declarations Remonstrances Protestations Covenants Oathes to the contrary and their late Vote in the Act for Abolishing Kingly Government That in all things concerning the Lives Liberties Properties and Estates of the People they would observe the knowne Lawes of the Land But to returne to our Relation Then Morrice challenged 16. more of the Iury whereat Pulleston was so pettish that he bade Morrice keep his compasse or else he would give him such a blow as should strike off his head Untill Morrice cited the Stat. 14 Hen 7. fol. 19. whereby he might challenge 35. men without shewing cause Here you see the Iudges which ought to be of Councell with the Prisoner in matter of Law endeavouring to out-face and blind the Prisoner with ignorance of the Law being a Martiall Man Then he desired a Copie of his Endictment that he might know what to answer saying he might plead Speciall as well as Generall which the Court denied him Next because there was point of Law in it he desired to have Councell citing the Stat. 1. Hen 7. fol. 23. which was likewise denied him yet I am deceived if Rolfe had not Councell allowed him being endicted at Winchester for an endeavour to Murder KING CHARLES the First and had many other favours denyed to Morrice Then Col. Morrice for his discharge produced the PRINCE'S Commission as Generalissimo to the KING his Father The Iudges answered The Prince was but a Subject as Morrice was and if He were present must be tried as he was and rejected the Commission without reading Morrice told them the Prince had His Authority from the King in whose name all Iudges Officers did then Act. The Court Answered the power was not in the King but the Kingdome Observe they endicted him for Leavying Warre against the King and Parliament The word Parliament was a surplusage for which no Indictment could lie no Allegiance no Treason and we owe Allegiance to the King alone whosoever Leavyeth Warre in England in the intendment of the Law is said to Leavy Warre against the King onely although he ayme not at His Person but at some other Person And if he that Leavyeth Warre against the King His Crowne Dignity be a Traitour how much more must they be Traitours that have actually Murdered the King and Dis-inherited and proscribed his lawfull and undoubted Heire and as much as in them lies have subverted the Monarchicall Government of the Land and consequently all Monarchicall Lawes whereof the Stat. of Treasons for Leavying Warre against the Kings Majesty is one and therefore Morrice under a Free-State ought not to be condemned or tried upon any Monarchicall Law So Morrice was found guilty by a Iury for that purpose And an illegall president begun to cut off whom the Faction pleaseth under a pretence forme of Law without help of a Councell of Warre or a private Slaughter-house or a Midnight-Coach guarded with Souldiers to Tyborne These Usurpers have got the old tyrannicall trick To rule the People by the Lawes but first to over-rule the Lawes by their Lawyers and therefore Vt rei innocentes pereant fiunt nocentes judices that true men may goe to the gallowes Thieves must sit on the bench but silent Leges inter arma and now silet Iustitia inter Leges silet Ius inter Iudices the mungrell hypocriticall three-headed conquest we live under hath dispoiled justice of her ballance Three-headed consisting of 1. Councell of Warre 2.
and it vvas then thought a note of disaffection to report them any more but this Letter for the greater glory of his sanctified Army multiplies them to be 21000. The manner of the Fight vvas very strange and Exceedingly to be suspected especially by any man vvho hath heard or read of Bayly's former demeanour in his ovvne Country at Kylsythe and Ausorte Kirke It vvas little better than a beating up of Quarters for 20. miles together for so far the Scots Army lay scattered in their Quarters the Hors so farre distant from their Foot they could bring them no seasonable reliefe Sir Marmaduke Langdale vvith his small Party drevv forth and made an honourable resistance had he been timely and strongly seconded on the Scotish Party the Fight began at Preston in Lancashire vvhere the Duke being vvorsted retreated to VVigon from thence to VVarrington thorovv Lanes and Fastnesses vvhere Bayly Lieut. Generall of the Scotish Foot being strongly quartered upon a Bridge Passe yeilded up 6000 Foot and Armes vvithout fighting and so ruined his vvhole Infantrey from VVarrington the Duke fled vvith 4000. Horse to Namptwiche from thence to Vtoxeter vvhere his manner of yeilding himselfe to Colonel VVayte a Member of the House of Commons take out of VVaytes ovvne report in the House vvho said the Duke yeilded simply and without any Articles of Surrender that he voluntarily gave him his Sword Scarfe Signet of Armes and his George that he hung upon him so that he could not get from him desiring him to secure him from the rage of the Souldiers saying He had not come into England but that he was invited by a greater part of Lords Commons Citizens and Covenanters then called in the last Scotish Army presently the Bloud-hounds of the Faction in the House sented this and called upon VVayte to knovv vvhether he named any VVayte Ansvvered that Hamilton was a subtile politique Lord and no doubt for the saving of his owne life would doe that in more convenient time Hereupon a Committee all of Canibal Saints vvas presently packed and ordered to go dovvne and examine the Duke but no particulars could they get from him vvhich vvas an honourable silence and made amends for his former lavish speech It vvas happy the Prince did not trust himselfe in the Head of this Army Had Hamilton marched immediately to Colchester or but to Pontefrect vvhich he might easily have done Lambert his onely Opposite still retreating before him the vvhole Country had risen vvith him But he knevv the Presbyterian party had rendred themselves contemptible and he as much contemned the Independents therefore he foreslovved his march vvilling Cromvvell and Fairfax should subdue all other Parties and that he onely might have Armes in his hands to bring in the King upon his ovvne tearms this over confidence undid him He vvas too much a Statesman and too little a Souldier 4. The insolency of the schismaticall Members upon report of the Victory This Victory did vvorke like Botled-Ale vvith Scott Thomson Cornelius Holland Sir Henry Myldmay and many others of the light headed Saints vvho vvere so puffed up vvith the vvindinesse of it that they began to svvell vvith disdaine and malice against the Personall Treaty and to threaten and insult over all that had either petitioned for it from abroad or spoke for it in the House as the onely meanes of peace and a setlement 5. The vviser sort subtlely continue a mock-Treaty But the vviser sort more crafty to doe mischiefe knovving that the people vvere vveary of Taxes and the Army and had no hopes of peace but by a Personall Treaty and vvere resolved to purchase peace although at the price of a nevv VVarre that Colchester Pontefract Scarborough and a Castle or tvvo in Kent vvere not yet reduced the people in VVales Kent Essex the North not yet setled in such a calme but that a nevv storme might arise a considerable party of the Scots yet unbroken in England and fronting Cromvvell and Lambert under the command of Monroe a daring knovving and uncorrupted Commander Scotland it selfe not yet assured to them and above all the Prince of VValles vvith a strong Fleet at Sea likely to raise nevv tempests at Land had he landed some men in Kent or Essex to gather up the male-contents there but nevvly scatterd broken ready to adhere to any Party to defend themselves from the fury and rapines of their Committee VVarwicke but a fresh-vvater Admirall lying in the Thames under protection of the Block-houses and relying upon Land-Souldiers to avve the Mariners from mutinying a cloud arising in Ireland ready to break into a storme upon these considerations the Caball or close Iunto of Grandees thought fit to dally on the Treaty the better to keep the Princâ— quiet in expectation thereof and gaine time to vvork upon his Sea-men already corrupted vvith vvant of vvork and pay and to gull and pacifie the rest of the Members and people not patient of a sharper remedy untill Oliver had puite finished his Northerne vvorke and marched neerer Londen Colchester reduced and the Princes Fleet retired to Harbour to avoid VVinter and then to breake off the Treaty and purge the House of those Members that sought peace by an accord vvith the King under the notion of the King 's corrupt Party to blind their eyes therefore the Speaker Lenthall though at this time the Fore-man of Olivers shop vvhen it vvas debated in the House VVhether a Treaty should be had with the King in the Isle of VVight upon the Propositions of Hampton-Court The Question much opposed and at last put the Noes and the Yeas vvere equall 57. to 57. in so much that the Speakers voice vvas put in to turne the scales he gave his voice in the affirmative that time follovving his conscience against his Interest and my Lord Say openly in the House of Lords said God forbid that any man should take advantage of this Victory to breake off the Treaty and the Armies-Scout from Tuesday Novemb. 14. to Novemb. 21. 1648. propounds three Riddles to the Reader 1. VVhy the Grandees of the Iunto that use to rule the Army are the most active Solicitors for an Agreement of the Parliament with His Majesty vvhen then the Army are Acting to the contrary 2. VVhy His Majesty stumbles onely at the matters wherein the Presbyterian Interest are concerned when that Faction is the onely visible prop to His life Crowne Dignity and dying interest 3. VVhy the Souldiers Petitions for Iustice upon His Majesty were ill resented and they thought vvorthy to be Tried by a Councell of VVarre as Offendors yet a Remonstrance vvas then framing by the Grandee Officers to the same purpose and much more against the present Authority and in this the Generall concurres 6. New Instructions to Hammond in order to the Teaty sect 132. The next thing taken into consideration in relation to the Treaty vvas the giving nevv Instructions to Hammond the Head-Goaler hovv
up illegall High Courts of Iustice their usurping the Supreme Authority their making Treason an Arbitrary crime their erecting a Councell of State or Hogens mogens forty Tyrants in lieu of one King their altering the style of VVrits and legall proceedings c. Sentence given before any person accused or heard to speake for himselfe Oh the brutish understanding of men whose sinnes and feares have intoxicated their wits The said Lords and Commons doe thereupon judge and declare the said printed Paper to be false scandalous and seditious and tending to destroy the visible and fundamentall Governement of this Kingdome And doe therefore order and ordaine the said printed Paper to be suppressed and that all Persons whatsoever that have had any hand in or given consent unto the contriving framing printing or publishing thereof shall be adjudged and hereby are adjudged uncapable to beare any Office or have any place of trust or authority in this Kingdome or to sit as Members of either House of Parliament And doe further order and ordaine That every Member of either House respectively now absent upon his first comming to sit in that House whereof he is a Member for the manifestation of his innocency shall disavow and disclaime his having had any hand in or given consent unto the contriving framing printing or publishing of the said Paper or the matter therein contained The 12. and 13. 28. The Conventicle of Commons repeat ex tempore in a thin House under a force the Votes deliberately passed in a full and free House Decemb. the Commons that they might purge their Iournall Books of all State-heresies as vvell as their House of all State-Hereticks voted this Index expurgatorius vvhich in their ovvne canting language I here present to you 1. Resolved c. That the Vote of this House Ian. 3. 1647. for revoking the Order Sept. 9. 1647. for suspending Commissary Lionell Copley from being a Member of this House is of dangerous consequence and tending to the destruction of the justice and peace of the Kingdome and is hereby repealed The like for the rest of the impeached Members mutatis mutandis 2. Resolved c. That the Vote of the House Iune 30. 1648. whereby this House did concurre with the Lords for opening of a way to the Treaty with His Majesty for a safe and wel-grounded peace That the Votes Ian. 3. 1647. forbidding all Addresses to be made to or from the King be taken off was highly dishonourable to the proceedings of Parliament and apparently destructive to the good of the Kingdome sure they meant the kingdome of the Saints They likevvise by foure severall Votes revived the said 4. Votes Ian. 3. 1647. for no Addresses in terminis 3. Resolved c. That the Vote Iuly 28. 1648. That a Treaty be had in the Isle of VVight with the King in Person by a Committee appointed by both Houses upon the Propositions presented to him at Hampton-Court was highly dishonourable and apparently destructive to the good of the Kingdome Good Boyes they can say their Lessons vvell The House adjourned and apace too vvhen the Army vvhips them on they vvill shortly have a jubile of play-daies for their paines 40. or 50. Nevv lights snuffed by the Councell of VVarre can better discover vvhat is dishonourable and apparently destructive to their ovvn Kingdome then 340. or 244. could doe at other times If you aske vvhat Debates they had they could have none being novv freed from the contradiction of Sinners being all Birds of a feather taught the same tune by the same Masters and singing in the same cage 29. A Protest to be entered against the Votes That the Kings Grants vvere a ground for a Setlement a Touch-stone of I. Gourdons See the Order Dec. 5. 1648. Yet the unanimous recalling those Votes vvas not thought by those that thinke one thing and say another a sufficient Test all vvere confidently for them that voted vvith them vvherefore godly Iohn Gourdon a Fellovv that spits venome as naturally as a Toad moved That a Protestation might suddenly be drawne up and every Member to set his hand to it in detestation of those repealed Votes A Committee vvas appointed accordingly The 14. Decemb. the said nevv-found Shiboleth vvas brought in by Gourdon vvhich caused divers that vvere not yet mad enough for Bedlam to forbeare the House or rather Conventicle 30. The Militia of the Counties nevv setled in Independent hands Decemb. 14. They repealed the Ordinance lately passed after mature debate for setling the County Militias of the Kingdome because there vvere some Presbyterians in it not vvelaffected to the Army and in that nevv sense Malignants And ordered that a new Ordinance with a List of new names of Saints militant sounding like a Ievvish pedigree be brought in for through the indiscretion of the Presbyterians the Independents have had the custody of our Purses a long time and novv must keep our Svvords too and then Stand and deliver vvill be the only Lavv of the Land About this time Major Generall Browne one of the Sheriffs of London vvas fetched out of the City by a Party of Horse 31. Sheriff Brovvne carried away out of the City Prisoner to S. Iames's and carried before the mechanique Councell of VVarre at VVhite-hall although a Member of Parliament and consequently one of their Masters vvhere he told them he knevv they had nothing to charge him withall but his honest endeavours to preserve His Majesty and His Posterity together with the Parliament City and Kingdome with the Lawes and Government thereof from being rooted up by them and that he feared them not Col. Hewson the one-eyed Cobler vvas so savvcy as to tell him He was too peremptory at last they committed him Prisoner to S. Iames's And that he might not vvant company 32. Sir Will. Waller c. removed S. Iames's they sent a VVarrant to Capt. Lawrence Marshal Generall to remove Sir VVill VValler Sir Iohn Clotworthy Major Gen Massey and Commissary Generall Copley from the Kings head to him The Marshall shevving them the VVarrant 33. They protest against the Generals Authority they Protested against the Authority and offered the Protest to the Marshall in vvriting desiring him to shevv it to the Generall vvhich he refusing to receive Sir VVill VValler desired all the company to vvitnesse vvhat Protestation they did make in behalfe of themselves and all the Free-borne people of England against the violent and illegall encroachments of the Generall and Councell of VVarre against the Lavves and Liberties and read it aloud as follovveth A Declaration of the taking avvay of Sir Will Waller Sir Iohn Clotworthy Major Gen Massey and Colonel Copley Members of the House of Commons from the Kings-head in the Strand to S. Iames's Together vvith their Protestation read at their removall VVith a Copy of the L. Generals Order for the same Tuesday Decemb. 12. 1648. Marshall Lavvrence came and acquainted Sir VVilliam VValler Sir Iohn
who gave a man 20 l. to wait on the King in his place as Pensioner when He demanded the 5. Members Michael Oldsworth Augustine Garland Sir Io. Danvers Mr. Dove Mr. Henry Smith Mr. Frye whose Election is voted void Mr. Searle Nich Love Iohn Lysle Col. Rigby Cornelius Holland Col. Ludlow Greg Clement Col. Purefoy Col. Stapeley Mr. Dunch Mr. Cawley Col. Downes Io Carey Iohn Blackiston Tho Scot. Decemb. 22. Col. Hutchinson Sir Hen Myldmay Sir Iames Harrington Decemb 25. Col. Edward Harvey Alderman Pennington Alderman Atkins Dan Blagrave voted out of the House Col. Moore Col. Millington Mr. Prideaux Roger Hill the little Lawyer Dennis Bond Col. Harrington Master Hodges Mr. Valentine Sixteene of the imprisoned Members were about this time sent for by the Generall when they came out came Ireton 44. Sixteen imprisoned Members discharged without engagement and finding Mr. Pryn amongst them he chid the Martiall for bringing him and commanded him to be taken away but Mr. Pryn refusing to depart Ireton commanded him to be thrust out by head and shoulders whereupon Mr. Pryn openly protested That the Army endeavoured uttterly to subvert the fundamentall Lawes of the Land and Priviledge of Parliament That they had no power over him nor any Member of Parliament That their late force acted upon them and their proceedings was illegall and trayterous That all men were bound to bring them to condigne punishment as Rebels and Traytours to their God their King Countrey and Parliament So Mr. Pryn was removed by the Marshall and Ireton went in once more to consult the Oracle at last came out again to the Gent telling them It was the Generalls pleasure they should be all released attempting nothing against the actings of this present Parliament and Army but said the insolent Fellow let that be at your perill so the Gentlemen expressing that they would give no engagement were released without any The 22. Decemb both Iuntoes of foure Lords 45. A mock Fast kept by the two Houses and H. Peters comick Sermon and twenty Commons kept a mock Fast at Saint Margarets Westminster where Hugh Peters the Pulpit-Buffon acted a Sermon before them the subject of his Sermon was Moses leading the Israelites out of Aegypt which he applied to the Leaders of this Army whose designe is to lead the people out of Aegyptian bondage But how must this be done that is not yet revealed unto me quoth Hugh and then covering his eyes with his hands and laying downe his head on the cushion untill the People falling into a laughter awakened him He started up and cried out Now I have it by Revelation now I shall tell you This Army must root up Monarchy not onely here but in France and other Kingdomes round about this is to bring you out of Aegypt this Army is that corner stone cut out of the Mountaine which must dash the powers of the earth to pieces But it is objected The way we walke in is without president what thinke you of the Virgin Mary was there ever any president before that a Woman should conceive a Child without the company of a Man this is an Age to make examples and presidents in 46. The Councell of Wat vote a Toleration of all Religions Decemb. 25. The Councell of Warre voted a Toleration of all Religions you see they vote like States men as well as their Parliament About this time a Committee of Common-Councel-men came complainning to the House of Skippons additionall Ordinance 47. The Common Councell petition against Skippons additionall Ordinance in vaine That none should Elect or be Elected or execute the Place of Lord Mayor Alderman Aldermans Deputy Common-Councell-man c. that had signed the Petition for a Personall Treaty c. because they found the City generally ingaged in the said Petition so that they could not find Men enough to Elect or be Elected Wherefore it was referred to a Committee to thinke of a remedy worse than the disease as it proved afterwards You see the petitioning for a Personall Treaty was so universall and publique that it could not be carried on by any private designe in Conventicles and corners as are all the bloudy Petitions for justice justice against capitall Delinquents and the most High which being penned and solicited by the Army or sectary Committee-men and subscribed and prosecuted by some few beggerly Schismaticks without Cloakes in the Names of whole Counties whom they had the impudence to belie were entertained in state and they and that wel-affected County though they abhorred the villany thanked for their paines * 48. Somerset shire encouraged by the House to associate all the welaffected i.e. all the Anarchists and Cheaters 25. Decemb. The House voted a Letter to be sent by way of encouragement to the County of Somerset to go on with setling their association with the welaffected and forces of the Counties adjacent this is to associate Arme all the Schismaticks Committee-men guilty and desperate Persons Antimonarchists and Anarchists against all the peaceable and honest men of the Kingdome 26. Decemb. Mr. Pryn sent a Letter to the Generall 49. Mr. Pryns Letter to the Generall demanding his liberty demanding his liberty and seconded it with a Declaration as followeth Mr. Pryn's Demand of his Liberty to the Generall Decemb 26. 1648. with his Answer thereto And his Declaration and Protestation thereupon For the Honourable Lord Fairfex Generall of the present Army THese are to acquaint your Lordship 50. Mr. Pryns Declaration seconding his said Letter That I being a Member of the Commons House of Parliament a Free-man of England a great Sufferer for and an Assertor of the Subjects Liberties against all Regall and Prelaticall tyranny and no way subject to your owne your Councell of Warres or Officers military power or jurisdiction going to the House to discharge my duty on the 6. of this instant December was on the staires next the Commons House dore forcibly kept back from entring the House seized on and carried away thence without any pretext of Lawfull Authority thereto assigned by Colonel Pride and other Officers and Souldiers of the Army under your Command And notwithstanding the Houses demand of my enlargement both by their Sergeant and otherwise ever since unjustly detained under your Marshals custodie and tossed from place to place contrary to the knowne Priviledges of Parliament the Liberty of the Subject and fundamentall Lawes of the Land which your are engaged to maintaine against all violation And therefore doe hereby demand from your Lordship my present enlargement and just liberty with your Answer hereunto From the Kings-head in the Strand Decemb. 26. 1648. William Pryn. This was delivered to the Generals owne hands at his House in Queen-street about three of the clock the same day it beares date by Doctor Bastwijcke Who returned this Answer by him upon the reading thereof THat he knew not but Mr. Pryn was already released and that he would send
they are become Masters Usurpers of the name of the Army of the name of the Parliament under which Visors they have levelled destroyed all the Authority of this Nation for the Parliament indeed in truth is no Parliament but a Representative Glasse of the Coūcell of Warre and the Councell of Warre but a Representative of Cromwell Ireton and Harrison and these are the All in All of the Nation which under the guises and names of Parliament Army Generall Councell High Court and Councell of State play all the strange pranks that are played And further p. 13. The conclave of Officers have sucked in the venome of all former corrupt Courts and Interests the High Commission Starre-Chamber the House of Lords the King and his privy Councell are all alive in that Court called The Generall Councell of the Army 1. The King stood upon it That He was accountable to none but God The House by Vote 5. Dec. 16. 8 voted the King's Concessions a ground c. And the Army secured expelled 250. Members for using liberty to vote according to their consciences and over-ruled those fevv they left sitting to unvote in a thin House vvhat vvas voted in a full House this is more than to usurp a Negative Voice over them returne to sect 18. 23. 28. that He was above the Parliament and People and to whom will these men be accountable to none on earth and are they not above the Parliament they have even a Negative Voice thereover formerly the Commons could passe nothing without the House of Lords and now they dare passe nothing without the concurrence of the conclave of Officers we were formerly ruled by King Lords and Commons now by a Generall Court Martiall and House of Commons what is the difference the Lords were not Members both of the House of Peers and of the House of Commons but the Officers our martiall Lords are Members both in the House or Councell of Officers and in the House of Commons we have not the change of a Kingdome to a Common-wealth we are onely under the old cheat A transmutation of Names but with the addition of new Tyrannies for casting out one uncleane Spirit they have brought with them in his stead seven other uncleane Spirits more wicked than the former and they have entered in and dwell there and the last state of this Common-wealth is worse than the first Lastly they set downe some illegall proceedings and Examinations before the Councell of Warre exceeding the High Commission and Starre-Chamber 127. The Authors censure of the Levellers These three Books shew the late endeavours of the Agitators and that party which the Grandees politickly mis-call to cast an odium upon them Levellers they are the truest Assertors of humane liberty and the most constant and faithfull to their Principles party of any in the Army though they have many redundancies and superfluous Opinions fit to be pruned off by conversing with discreet honest Men or rather by a discreet just publique Authority which I am confident is feasible since their principles concenter in the publique not in their owne private Interest and Opinions and are no otherwaies changable than conduceth with the emergent occasions of the Commō-wealth yet they are but like the water-boughs of a healthy fruit Tree rather troublesom than dangerous whereas the designes of their Antagonists like rocks under water or poyson in well-cooked meat destroy before they are discovered 128. The Authors censure of His Majesties Posthumus vvorke entituled The Pourtraicture of His Sacred Majesty in His Solitudes and Sufferings About this time arose a Phoenix out of His Majesties Ashes that most excellent Issue of His Brayne entituled THE POURTRAICTURE OF HIS SACRED MAIESTY IN HIS SOLITUDES AND SUFFERINGS A Book full fraught with wisdome Divine and Humane shewing Him to be more than Conquerour of His Enemies in His rare Christian patience and charity the very reading of it aggravateth our losse of so Gracious and excellent a Prince that had learned the whole method of humane perfection in the schoole of adversity Herod and his Iewes never persecuted Christ in his swadling-clouts with more industrious malice then the Antimonarchicall Independent Faction this Book in the Presses Shops that should bring it forth into the world knowing that as the remembrance of Heaven strikes a horror into us of Hell So the contemplation of his virtues will teach us to abhorre their vices March 8. 1648. 129. The forme of VVrits for Elections changed The Commons assented to a new Forme of a Writ for election of Knights and Burgesses for the Parliament But three dayes before it was reported to the House from the Councell of State what number of Horse Foot they thought sit to be kept up for the service of England and Ireland 103. A nevv establishment for the Army reported to the House from our nevv Masters the Councell of State and the Monthly charge which estimated comes to 160000 l. per mensem You see we are likely to finde these our new Lords such gracious Masters to us that as the second part of Englands new Chaines saith We shal have Taxes though we have neither Trade nor Bread In the Earle of Essex time when the Warre was at the highest the Monthly Tax came but to 54000 l. a Month yet had we then seven or eight Brigades besides his Army and Garrisons but that the Faction of Saints may carry on the worke of a thorow Reformation in our purses as well as they have done in the Church Common-wealth they first raised the Tax to 60000 l. a Month for England besides 20000 l. a Month pretended for Ireland but I believe little of it slips through their sanctified fingers to go thiter And now to shew they can use double dealing against the Ungodly they would double the summ from 80000 l. to 160000 l. a Month this is to breake our hearts with popetry and make them take what impressions of slavery they please to set upon them this Conventicle of State will engrosse all the Coyne Treasure of the Land into their owne hands then subdue us therewith make us like slavish Aegyptians sell our Selves and our Lands for Bread or money to buy Bread when that inseparable companion of a long warre Famine approacheth which their barbarous and illegall Sequestrations unstocking mens Farmes and laying them wast will inevitably bring upon us they have more hope to subdue and lessen the number of their Opposites by famine and want than by the Sword in order to which they have destroyded the Trade of the City undone multitudes of Trades-men who being disabled to pay their Taxes the Army cause all their Arreares to be leavied upon the City by a new Tax upon the rest of the Inhabitants the Ourlandlords and when Cromwell was told this would undoe the City He answered It was no matter the more were undone the more would
from Neighbour Princes to vvhom they let their Bloud to Hire and become Mercinaries many times to the extreame dammage and if their Country vvere vvorth subduing danger of the State For Venice it is an Aristocracy if not Olygarchy of many petty Kings so burdensome to all their Subjects upon Terra firma that they dare not trust them vvithout Citadals to keep them under they never conside in any of their number or Natives to be Comander in Chief of their Land Forces fearing to be tyrannized over by a Cromwell or an Ireton or by some property subordinate to them in all but Title The Morlachy and many Inhabitans of Dalmatia and Candia have lately preferred the Turkish Government before theirs As for the Low Countries their neerest example peruse Bernavelt's Apology and many good Histories For Rome from their Regifugium they vvere never free from Civill VVarres cecessious Tumults and changes of Government first to Patritian Consvlls Regia pote state then to promiscuous Consuls Plebeyans as vvell as Patritians vvith popular Tribunes to controule them then to Decemviri legibus Scribendis then to Tribuni militares consulari potestate Dictators upon all speciall occasions sometimes an Aristocrary sometimes a Democracy betvveen tvvo Factions Patritian and Plebeyan And never could that unhappy Idoll of the multitude Liberty find any time of setled rest and Government untill their giddy Republique vvas overthrovvne by Iulius Caesar and turned into a Monarchy by Augustus vvhich approved Cratippus saying See some Authorities cited verbatim in the first Page Vitiosum Reipub statum exigere Monarchiam and then and not till then Rome came to his height of Glory and Dominion and continued so a long time sometimes empayred by the vices of some Emperors and sometimes repaired by the virtues of others he that reads Liry and Tully's Orations vvith many other Authors shall find hovv infinite corrupt the People vvere both in making and executing Lavves in dispensing Iustice both Distributive and Commutative vvhat Complaints that their comitia vvere venalia vvhat Bulvvorks they vvere faine to erect against the ambition and covetousnesse of their Great men Leges Ambitus leges Repetundarum peculatus all to no purpose the great abuse of Solicitors and Vndertakers in every Trybesto contracte for suffrages the Domestick use of their Nomenclators their Prehensations Invitations Clientships their kissings and shaking hands even from the greatest Personages prostituted to every Cobler and Tinker their costly publique Shevves and spectacles to vvoe the Rabble he that reads observingly shall find that ambition and covetousnesse nurses of all corruption vvere the best part of the vvisdome and industry of that Republique untill it came to be a Monarchy and shall farther find that those corrupt manners and customes vvhich the People from the highest to the lovvest had contracted during the severall licentious Alterations of their Common-vvealth from one forme of Republique to another vvere like a second nature not to be corrected by the better discipline of a Monarchy and at last occasioned the ruine of that Monarchy together vvith the desolation of that Nation vvhich shevves that Monarchy vvith vvhich their Nation began was their naturall and genuine Government vvhen it could not be taken avvay sine interitu subjecti vvithout the ruine of the vvhole subject matter p. 11. It is said The Kings Revenue by a mediâ—m of 7 years was yearly 700000 l. It hath been lately computed that the Court purveyances notvvithstanding many good Lavves to the contrary cost the Country more in one yeare than their Assesments to the Army vvhat above 100000 l. a month vvhen the charge of the KING 's House-keeping came but to 500000 l. a yeare I speake not of VVages and Pensions I knovv not vvho should make this computation unlesse old Sr Henry Vane and his Man Cornelius Holland the latter of vvhich vvas turned out of his Office in the Green-cloth for abusing his Place not in vvhose time of employment unlesse their ovvne such prodigious abuses should happen p. 19. It is said The legall and justifiable Revenue of the Crowne fell short of 100000 l. per annum I perceive this is all the Account the Common-vvealth is likely to have from the Committee of the Kings Queens and Princes Revenue nor doe I knovv vvhat a pruning hooke that phrase legall Revenue may prove But I conceived all that Q. Elazabeth the Kings Father and Himself received had been His Revenue de jure I am sure it vvas de facto and the Parliament in their Declarations promised to settle a better Revenue upon Him than any of His Ancestors enjoyed neither did this nor any former Parliament complaine that His Purse was growne too full or His Revenue too fulsome and if the Committee of the Revenues had enjoyed no more but their ovvn legall and justifiable Revenue so many of the KING's Servants and Creditors had not starved forvvant of their ovvne p. 19. They very much aggravate Monopolies Patente and Projects I vvonder they suffer so many Men guilty in that kind to sit in their House old Sir Henry Vane Sir Henry Myldmay Sir Iohn Hypsley Cornelius Holland Laurence VVhytakers c. 2 Part of Englands New Chaines discovered c. and the Hunting the Foxes return to s 12â— p. 20. They speake against the Lords Negative Voice but not a vvord against the Councell of VVarres Negative Voice vvho march up in hostile manner against Parliament and City and secure seclude and drive avvay 250 Members at one time if they vote any thing contrary to their Interest They speak likevvise against the Lords Iuditiall power over Commoners but have forgot vvhat unjust and illegal use themselves attempted to make of the Lords jurisdiction against the 11 impeached Members the 4 Aldermen and Citizens 1 Part. sect 45 46 47 48 49 50 51 52 53 54. p. 21. They excuse their receding from their Declaration of April 1646. they might have minded you of a Vote of a later Date had it made for their turne for Governing the Kingdome by King Lords and Commons To this it is said the King nor Lords could take no advantage thereof being a contract they never consented unto indeed it vvas never presented to them but I shall aske vvhether the people may not take advantage thereof for vvhose satisfaction this vvas Declared a generall grudge being then amongst them that the Parliament and Army would subvert the antient Fundamentall Government p. 22 23. They ansvver an Objection that these great matters ought to be determined in a full House not when many Members are excluded by force and the priviledges so highly broken and those who are permitted to sit doe act under a force To this is ansvvered hovv truly let any man that hath read our Histories tell That fevv Parliaments have Acted but some force or other hath been upon them I vvonder they did not argue thus for the silly Tumult of Apprentices for Breach of Priviledge of Parliament They Ansvver
knowne Lawes of the Land which is onely due to the King His lawfull Heires Successours thereto we are sworne nor are the particular Powers Authorities granted by this Parliament to the said Keepers of the Liberties of England Councell of State yet any where authentically published made knowne to us by any avowed Act unlesse we shall account their Licenced New books to be such and therefore they may usurp what powers they please So that these men who involved us in a miserable Warre against the late Murdered KING pretending He would enstave us they would set us free have brought us so farre below the condition of the basest Slaves that they abuse us like brute Beasts and having deprived us of our Religion Lawes and Liberties and drawne from us our money and bloud they now deny us the use of reason and common sense belonging to us as Men Governe us by arbitrary irrationall Votes with which they baite Traps to catch us woe be to that People whose Rulers set snares to catch them and are amari venatores contra dominum Men-hunters against God nay to move any Person to stirre up the People against their Authority is hereby declared Treason marke the ambiguity of these words like the Devils Oracles which he that hath Power and the Sword in his hands will interpret as he please If the Keepers of the Liberties of England or Councell of State shal extend too farre or abuse their Authority never so much contrary to the Lawes of the Land Reason Justice or the Lawes of God as hath been lately done in the Case of Lilburne Walwyn c. no Lawyer no Friend shall dare to performe that Christian duty of giving councell or help to the oppressed here Fathers and Children Husbands Wives Brothers all relations must forsake nay betray one another lest these Tyrants interpret these duties to be A moving of them to stirre up the People against their Authority 3. All endeavours to withdraw any Souldier or Officer from their obedience to their superior Officer or from the present Government as aforesaid By which words it is Treason First if any mans Child or Servant be inticed into this Army the Father or Master endeavour to withdraw him from so plundering and roguing a kind of life back to his profession Secondly if any Commander or Officer shall command his Souldiers to violate wrong or rob any man for the party so aymed at or some wel-meaning Friend to set before the said Soldiers the sinne and shame of such actions and disswade them from obeying such unlawfull commands 4. If any man shall presume to counterfeit their conterfeit Great Seale it is declared Treason I wonder it is not Treason to counterfeit their counterfeit Coyne Behold here new minted Treasons current in no time nor place but this afflicted Age and Nation Edw. 3. anno 25. regni ch 2. passed an excellent Act to secure the People by reducing Treasons to a certainty as our new Legislative Tyrants labour to ensnare the People by making Treasons uncertaine and arbitrary Sic volo sic jubeo it shall be Treason because they vvill call and Vote it so what they please to call Treason shall be Treason though our knowne Lawes call it otherwise we have long held our Estates Liberties must now hold our Lives at the will of those Grand Seigniours one Vote of 40. or 50. factious Commons Servants Members of the Army vacates all our Lawes Liberties Properties and destroies our Lives Behold here a short view of that Act which hath no Additions by any Act subsequent See stat 1. Mariae c. 10. Whereas diverse opinions have been before this time in what cases Treason shall be said and in what not The King at the request of the Lords and Commons See 1 H. 4. c. 10. â—1 H. 7. c. 1. Declares 1. That to compasse or imagine the Death of the KING how much more to act it Queen or their eldest Son and Heyre 2. To violate the KING'S Companion eldest Daughter unmarried or the Wife of the KING' 's eldest Son and Heyre 3. To leavie Warre against the KING or adhere to His Enemies in his Realm and thereof be proveably attainted of open deed by people of their condition 4. To counterfeit the KING' 's Great or Prive Seale 5. Or His Money 6 To stay the KING'S Chancellour Treasurer Iustices of one Bench or other Iustices in Oyre Iustices in Assize and all other Iustices assigned to heare and determine being in their Places doing their Offices If any other case supposed Treason which is not above specified So the 4 Lords ought to have been Tried not by a new shambles of justice doth happen before any Iustices the Iustices shall tarry without any going to Iudgment of the Treason till the Cause be shewed and declared before the KING and His Parliament not before the House of Commons onely or before both Houses without the KING whether it ought to be adjuged Treason You see how few in number these Treasons specified are and that they must be attainted of open deed by their Peeres our words were free under Monarchy though not free under our Free-State so were they under the Romans Tacitus An. 1. sub finem speaking of Treasons facta arguebantur dicta impune erant These horrible tyrannies considered and being destitute of all other lesse desperate reliefe I doe here solemnly declare and protest before that God that hath made me a Man and not a Beast a Free-man and not a Slave that if any man whatsoever that taketh upon him the Reverend name and Title of a Iudge or Iustice shall give Sentence of Death upon any Friend of mine upon this or any other illegall Act of this piece of a House of Commons I will and lawfully may the enslaving scar-crow doctrine of all time serving State-flattering Priests and Ministers notwithstanding follow the exemples of Sampson Iudith Iaell and Ehud and by Ponyard Pistoll Poyson or any other meanes whatsoever secret or open prosecute to the Death the said Iudge and Iustice and all their principall Abettors and I doe hereby invite and exhort all generous free-borne English-men to the like resolutions and to enter into Leagues defensive and offensive and sacramentall associations seven or eight in a company or as many as can well confide in one another to defend and revenge mutually one anothers Persons Lives Limbs and Liberties as aforesaid against this and all other illegall and tyrannous Usurpations 162. A motion to enlarge Sr Will Waller c. And the Generals Answer intimating the securing of the Members to be done by confederacy with the Army-party in the House About this time or a little before the Generall was moved to enlarge Sir William Waller and the other Members illegally kept Prisoners in Windsor He answered they were no longer his but the Parliaments Prisoners It should seem the Brute hath made a private deed of
damned Spirits or rather over such Spirits as not submitting basely to the tyranny of our State-Mountebanks Witnesse his tampering with Hamilton c. incurre their condemnation in this world by Gods permission in order to their salvation in the next world the tyranny of these Usurpers implying at once their cruelties over our bodies and Gods mercy to our soules Hughs first salute was That he came meerly to give John a visite without any designe his guilty Conscience prompting him to a voluntary Apology Iohn answered I know you well enough you are one of the setting Dogs of the great Men of the Army with faire and plausible pretences to insinuate into Men when they have done them wrong and to worke out their designes when they are in a strait and cover over the blots that they have made Then Iohn complained of the †Compare this Act of the Kings With the violent act of those Traytors and Tyrants Fiarfax his Councell of Warre in imprisoning and secluding above 200. Members at once without cause shewne leaving only 40. or 50. of their cheating Faction in the House to carry on their bloody Anarchicall designes some of which secured Members with barbarous usage were almost brought to death and their murder since attempted by Soldiers illegall and violent seizing upon him by Souldiers and carrying him before that new erected thing called A Councell of State who committed him without any Accusor accusation Prosecutor or Witnesse or any due processe of Law and yet when the King impeached the 5 Members and preferred a Charge of High Treason against them Recorded 1. part Booke of Decl. p. 35. and onely failed in a single punctilio of due processe of Law they cryed out it was an invasion of the Peoples Liberties so that foure or five Recantations from Him Recorded in their owne Declarations would not serve His turne Peters halfe out of countenance if so prostituted a Villaine that practises impudence amongst common Whores and whose Pulpit is more shamefull than another mans Pillory can be out of countenance takes up one of Coke's Institutions and professed Lilburne was meerly gulled in reading or trusting to those Books for there were no Lawes in England Iohn answered he did believe him for that bis great Masters Cromwell Fairfax c. had destroyed them all Nay quoth Hugb there never was any in England with that Iohn shewed him the Petition of Right asking him whether that were a Law which Peters had the impudence to deny asking what Law was Iohn replied * The Law is now taken away and all things in confusion by turning our Monarchy without our consent into a Free-State of Slaves govened by Tyrants out of the Parliaments owne Declarations Tbe Law is that which puts a difference betwixt good and evill just and unjust If you take away the Law all things will fall into confusion every man will become a law unto himselfe which in the depraved condition of humane nature must needs produce great enormities lust will become a law envie a law Covetousnesse and ambition will become lawes and what dictates what decisions such lawes will produce may easily be discerned Tbis Master Peters is a Definition of Law by the Parliament in the daies of their primitive purity before they had corrupted themselves with the Common-wealths money And elsewhere the Law is called The safeguard the custody of all private Interests your honors lives liberties and estates are all in the keeping of the Law without this every man hath a like Right to any thing It is the best birth-right the Subject hath it is a miserable servitude or bondage where the Law is uncertaine or unknowne To this the Comick Priest replied I tell you for all this there is no Law in this Nation but the Sword â—nd what it gives This doctrine of Devils that it is lawfull to submit to any present power that is strongest is broached in a Pamphlet by old Rowse the illiterate Iew of Eaton-Colledge And by Iohn Goodwin the sophistical Divine which is fully confuted in A Religious Demurrer concerning submission to the present power an excellent piece neither was there any Law or Government in the world but what the Sword gave To this the honest Lieutenant Colonel answered Master Peters You are one of the Guides of the Army used by the chief Leaders to trumpet their Principles and Tenents and if your reasoning be good then if six Theeves meet three or foure honest men and rob them that act is righteous because they are the stronger Party And if any power he a just power that is uppermost I wonder how the Army and Parliament can acquit themselves of being Rebels and Traytors before God and Man in resisting and fighting against a just power in the KING who was a power up and visible fenced about with abundance of Lawes so reputed in the common acceptation of all Men by the expresse letter of which all those that fought against Him are ipso facto Traytors And if it were not for preservation of our Lawes and Liberties why did the Parliament fight against Him a present power in being and if there be now no Lawes in England nor never was then you and your great Masters Cromwell Fairfax and the Parliament are a pack of Bloody Rogues and Villaines to set the People to murder one another in fighting for preservation of their Lawes in which their Liberties were included which was the principall declared Cause of the Warre from the beginning to the end I thought quoth the Lieutenant Colonel I had been safe when I made the knowne Lawes the rules of my Actions which you have all sworne and declared to Defend and make as the standard and Touchstone between you and the People * The Lawes are now no protection to us nor the rule of our actions but the arbitrary wills and lusts of the Grandees I but replied Hugh I will shew that your safety lies not therein their minds may change and then where are you I but quoth the Lieutenant Colonel I cannot take notice of what is in their minds to obey that but the constant Dâ—claration of their minds never contradicted in any of their Declarations as That they will maintaine the Petition of Right and Lawes of the Land c. This was the substance of their discourse saving that Iohn pinched upon his great Masters large fingering of the Common-wealths Money calling it Theft and State-Robbery and saying That Cromwell and Ireton pissed both in one quill though they seem sometime to go one against another yet it is but that they may the more easily carry on their main design To enslave the People Reader I was the more willing to present the summe of this Debate to thee that by comparing their doctrine and principles with their dayly practises thou mayest perfectly see to what condition of slavery these beggarly upstart Tyrants and Traytors have reduced us by cheating us into a
Warre bloody thievish Task-masters Remember his deceased Majesties gracious Messages frequently fent 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 Olygarchicall legall Tyranny by adding His Royall Assent to their wicked Demands tendered to Him but two daies before His translation form this valley of teares Remember His Post humus Booke to His Sonne full of precepts savoring meerly of piety Christian wisdome charity and forgivenesse to His very Enemies and then judge whether our late King or our usurping Kinglings now scratching and tearing us making one Warre beget-another 1 King 3. perpetuating an Army and domineering over us by the power of the Sword were the naturall Parent whose bowels yearned upon this now Orphan Child the English Nation dying and expiring under this new Corporation of Tyrants Oath of Allegiance Stat. of Recognition 1 Iacobi the putative Parent which overlayed it He that acknowledged Allegiance to the Father cannot deny it to his Sonne as having sworne to beare faith and true Allegiance to the King his Father and to his lawfull Heyres and Successours which our usurping Hogens Mogens cannot pretend to be so that as well for duty and conscience to God and their owne Soules as for a necessary and just protection of their lives and estates all honest and wise men ought to cast themselves into the Armes of his Dread Majesty our present KING as the onely sanctuary of their salvation and not suffer themselves to be so farre mis-led by vaine reports as to be more afraid of their cure than of their disease Stultorum incurata pudor malas ulcera celat Solomon 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 owne people with fatherly compassion for examples sake and a Usurper wounding killing and robbing those which are none of his owne his fellow Servants for his lust and lucre sake I will set downe a short Abridgement of our owne famous Dictum de Kennelworth and first the occasion thereof which was thus Simon de Montford Earle of Leicester conspiring with many other great Men rebelled against Henry 3. pretending after the manner of all Rebels Reformation of publique Grievances He overthrew the King in battle took Him and his Sonne Prince Edward Prisoners the Prince after a while escaped out of Prison raised an Army overthrew and slew in the Battle of Evesham Simon Montford subdued the whole Party rescued and re-inthroned his Father Commissions were sent forth to prevent future troubles and settle mens minds grown desperare with feare what horrid punishments 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 of it No man bled to death for it but in the field the bloud of warre 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 See the late History of the Marquesse of Montrosse what gentle use he made of his Victory after he had subdued the strength of Scotland at the Battle of Kylsythe not unto destruction though the knowne Lawes called them Traytors and put them into his power for life lands and goods they were but once punished not alwaies tormented and kept upon the rack after the late custome of our fellow Servants and Subjects who will never suffer the partition wall between us to be throwne downe England once more to become one Nation and one People and our broken bones to be againe set and knit together Dictum de Kennelvvorth None to be Dis-inherited but onely fined As namely Those 1. That began and continued in Warre 2. That held Northampton against the King 3. That fought against him at Lewis Evesham Chesterfeild 4. That were taken at Kenilworth 5. That sacked Winchster being yet unpardoned 6. That voluntarily sent against him or the Prince 7. The Officers of the Earl of Leicesters who molested their Neighbours with Rapine Fire Murder or otherwise to pay in three yeares five yeares value and half their Estates of Land If they sell it such as are by the Kings grant possessed of then to have them giving as any other c. and so if it be to be Let those who pay the whole to have all instantly and that pay halfe to have halfe If in three yeares the whole be unpaid the Land to be divided between him that owes it and him to whom the King hath given it If any have Woods by sale of which he would pay his Fine the money to be paid by two of which either side to chuse one 2. Knights and Esquires who during this Warre have enriched themselves by Rapine having no Land to pay half their goods and be bound with Sureties to the peace if no goods be quitted by Oath exceptis bannitis quibus solus Rex potest remittere 3. Lords of Wards to pay for them and be answered by their Wards when they come to age which if they accept not the Wardship to accrue to such as the King hath given the Ransome to and they to be so answered 4. The Kings Wards to remaine where they are placed and be Ransomed as others but without destruction 5. Such as were with the King before the Battle of Levvis and since are Dis-inherited His Majesty to declare his pleasure touching them 6. No man now possest of wood to fell any but onely for repaire till the last day of payment be passed and not observed 7. The King and the Popes Legate to send beyond sea for a time such as are likely to trouble the peace of the Kingdome which if it hindered the paying of their Ransome not for that to be Dis-inherited 8. Such as were grieved with this Agreement might appeale to the Kings Court before S. Hilary and such as were beyond sea to have inducias transmarinas 9. Because the King was to reward many and some had too much the King out of these Fines to provide for them 10. The Legate King and Henry d'Almain to Elect 12. who should cause these Articles to be executed and to see performed what they ordaine according to the estimates already taken or if not to have new rates taken reasonable and true 11. Tenants tha were against the King to lose their Leases but at the expiration of their time the Land to returne to the true owner 12. Forts built by the assent of the King
see the Saints can find Money to give Gifts though not to pay Debts although the Publique Faith lie at pawne for them A Committee is appointed to consider how to preferre Mr. Tho Goodwin and Mr. Owen to be Heads of Colledges in Oxford as a Reward for asserting the late proceedings of Parliament upon the aforesaid Thanksgiving-day It is not fit such men should serve God for nothing in the times of S. Peter and S. Paul Godlinesse was great Gaine but in the daies of our moderne Saints Gaine is great Godlinesse The thing that miscalls it selfe a Parliament 180. The Excise enlarged upon Salt hath set an Excise of Id. the Gallon upon all forraigne Salt imported which is in effect upon all the Salt we use our home-made Salt being inconsiderable you see our Cups our Spits our powdring Tubs our washing Bowles our Kettles our Hats Dublets Breeches Stockings Shoos nothing we use eate drink or weare is free from being devoured by these sanctified Locusts of the Free-State who complained of the King for that petty inconsiderable Tax of Ship-money which His Majesty spent in maintaining Guards of Ships upon our Seas so much to the Honour of our Nation that the King of Spaine trusted all those vast summes of Bullion he sent to the Low Countries to be Coyned in our Mint and above a third part yearly to be layd out here in English Cloth and Commodities which with the residue of the Spanish Treasure was afterwards wafted over into Flaunders in English Bottomes for which they were liberally payed whereby every mans Estate was increased 10 l. in the hundred England infinitely abounded with Coyne and Plate as appeares by those many vast summes that have been constantly extorted from the People since the beginning of these Warres more I dare say than all our Kings since the Conquest excluding William the Conquerour and Henry the Eighth euer raised upon the People and by those many vast summes our seeming Saints have sent into Banks beyond Sea and buried in their private Coffers Reader let me admonish thee 181. A Vindication of the Levellers in some things and a farther designe to garble and enslave the Army That the Levellers for so they are mis-called onely for endeavouring to Levell the exorbitant usurpations of the Councell of Officers and Councel of State are much abused by some Books lately printed and published in their names much differing from their declared Principles Tenets and Practices but forged in Cromwells and Iretons shops to cast an odium upon them These State-wolves by such forgeries endeavour to make the Sheep forsake and betray the Dogs that faithfully guard them that they may with more security fleece them slay them and eate them hereafter Ireton Haslerig and Postmaster-Attorney Prideaux by themselves and their Bloud-hounds Spies and Intelligencers have been very diligent to draw dry-foot aftet M. Lilborne Walwine c. and suborne witnesses against them but not having yet quite extinguished all sparks of truth and honesty unlesse it be in their owne breasts failed of their purposes Yet they goe on to purge the Army as they have done the Parliament and Conventicle of State of all free-borne humours in order to their destruction that the Army may consist of meere mercenary bruitish spirits such as will so far neglect the duties of men and Christians as to execute all their tyrannous bloudy illegall Commands with a blind obedience and implicite faith without asking a question for Conscience sake the better to enslave both the Kingdome and Common-Souldiers In farther prosecution of this Designe they have projected to levy seven new Regiments which by way of Gullery they call Presbyterian Regiments and shall be raised by Presbyterian Commanders but those Commanders shall onely be imployed to countenance the work for a time and then for pretended offences be purged out of the Army if not out of this world by the Councel of Officers and more confiding men put in their roomes and then shall these new Officers and Regiments be used as Catch-poles and Hang-men contrary to the honour of Souldiers to persecute and execute such Members of the Army as retaine any sense or memory of their old Engagements and Principles * 182. The pretended Parliaments Councell of state and officers confederated with O-Neale See An After-game at Irish c. 1649. and the Propositions printed at Cork and reprinted at London From Iune 6. 1649. Iune 8. 1649. I formerly told you of an underhand combination between the domineering Independent party here and Owen Roe Oneale which is now openly declared and avowed by their owne licenced News-books Owen Roe and Colonel Monke are joyned saith the Modest Narrative our Party have permitted 300. of Oneals own Regiment to Quarter in our parts amongst the Creats within two miles of Dundalke saith the Scout Owen Roe and Berne are come towards Col. Iones Moderate Intelligencer from Iune 7. to 14. 1649. num 221. and Col. Monks Quarters he is so faire as to pay Contribution his Quarters are to the Scots side of Dublyn to preuent their giving ayde to Ormond in his attempt upon Dublyn who can blame necessity nor doe our Grandees now deny this Confederacy with the bloudy Popish massacring Rebels although they had the impudence to make the only supposition thereof one of the principall Charges against the late King and to raise a great out-crie against the Marquesse of Ormond and Lord Inchiquine for their conjunction with Preston yet they joyned but to prevent the Cromwelists who offered to associtate with him upon conditions much more prejuditiall to the Protestant Religion and English Interests han Ormond hath given them They have offered this Oneale all the Lands in Vlster forfeited by his Grandfather Tyrone Shane Oneale and others attainted thereby destroying the British Planters there and this is the reason they imploy so few old Irish Commanders into those parts lest the Oneals should doubt they came to recover their owne Lands againe But our Atheisticall Saints account themselves loose when other men are bound nothing but a Halter can hold them all obligations to men See the Councell of Warres Answer concerning the secured and secluded Members from 6. Iune to 13. num 3. all duties and Vowes to God they break upon pretended necessity and honest intentions Their Metropolitan Nuntio Iudas Haclet tells you Their Party will not joyne with the bloudy Irish untill they are brought to such a pinch as to say Flectere si nequeo superos Acheronta movebo If God will not be Authour and Patron of their Designes the Devil shall you see these Independents hang between God and the Devill Michael and the Dragon not resolved which part to take Be it known unto all men by these presencs 183. Parker the Observator that Harry Parker the Observator is returned from Hamborough and highly preferred to be Brewers Clerke alias Secretary to Cromwell to whose Designes he hath prostituted his pen. There is lately
Losses and Arreares referred to the consideration of a Committee If the Committee-would know what Harry hath lost they must examine his Barber-Surgeon Rowland Wilsons Arreares and Losses and the L. Gray's Charges and Arreares to be considered and reported you see charity begins at home and the Members exercise it for the most part in their owne House 194. The Councell of State authorized to grant Letters of Marque Iune 25. An Act passed to enable the Councell of State with absolute power to grant speciall and particular Letters of Marque or Reprisall in the name of the Keepers of the Liberties of England by Authority of Parliament what is this but to empower the Councell of State to make warre at Sea with all Princes and States at their discretion they have alredy so farre decayed all the Trade of this Nation that ere long Traffique will be totally destroyed whereby our Sea men with their Ships will be necessitated for want of employment to Revolt to the PRINCE to prevent which inconvenience they will find worke for them by granting so many particular Letters of Marque to all such as shall but pretend themselves wronged by Foraigne Nations as will amount to a Generall practice and profession of Pyracy and turn England into a second Argires whereby all Princes and States will be provoked to make a Pyraticall Warre upon England as against a Den of Thieves and Robbers Common Enemies to Traffique and humane Society as the Romans did under the Conduct of Pompey against the Cilician and other Asiatique Pyrats Captaine Younge hath blowne up with Gun powder a Ship of the Princes called the Antilope 195. Capt. Yongeu's blowing up the Antilope in Helversluce with a Caution lying at Anchor in Helversluce under protection of the States of Holland whereby the Chamber of Holland and the honour of their inland Sea is ravished from them By this and by some former actions of the like insolency as the firing upon their Ships and killing their men for not striking Sayle to them you may see what good Neighbourhood the Dutch are like to have of their younger brother State when they are once setled and confirmed in their yet infant Government even the very same which the Carthaginians found after the new erected Common-wealth of Rome grew up to maturity which proved so dangerous a Competitor in point of power profit and honour as buried the more antient Free-State of Carthage in its Ruines Free-states especially Aristocracies are very quarrelsome with their Neighbours and never want many of their Patrician most potent Families ambitious to encrease their owne power and glory by Wars and therefore seek occasions of quarrell with their Neighbours such was the whole Family of the Barchines at Carthage the Scipios Fabii Camilli Grassi Pompeii Caesares and many more at Rome Thus was Greece torne in pieces by its Free-states The Commons have bestowed St. Crosses Hospitall upon Cooke for acting the part of an Attorny Generall against the late KING It is fit every Iudas should have his reward 196. More Gifts to the Godly the New Park in Surry bestowed upon the City in reward of their Thanksgiving Dinner that the new-packed Court of Aldermen and Common-Councell may not want venyson to fill their Wives Bellies nor they Browe Antlers to hang their Hatts on 197. Order 9. Iune 1649. referring all secured and secluded Members to be examined before a Commitee The 9. Iune the Commons about 46 in number had passed an Order concerning their secured secluded and absented Members and referred all such as had not already entred their dissent to the Vote 5. Decemb. 1648. to a Committee to give such satisfaction to them as the House should approve of before the 30. of Iune instant or else the House would take order for New Elections This was to bring the said Members 300 in number at least to the winnowing that they might admit such as were for their turne to recrute their thin House and expell the rest few repaired to them and of those very few were chosen the Speakers Sonne Sir Iohn Treavor who hath a Monopoly of 1500 l. per annum out of New-Castle Coles for which he was many Months kept out of the House and at last admitted onely to comply with the Faction and his said Monopoly continued Sir Henry Haymonde two Sons of the Earl of Pembroke were received This was thought very unreasonable that so many Gentlemen either kept out or driven away by force should by a farre lesse number sitting and acting under the same force be sent to attend a Committee to stand with their Hatts off to Holland Scott c. and be examined and expelled for giving their Votes Yea or No in the House according to their Consciences This was to subvert the Liberty of all Parliaments for the future and to make this House which calls it selfe a Parliament a meere packed Iunto to carry on forelaid Designes Besides to expect they should approve all that the sitting Party in the House had done in the absence of these non-sitting Members who neither heard the Debate nor Reasons whereupon they grounded their Votes against the KING and House of Peeres nor for the abolishing Monarchy and turning it into a Free-state erecting a Councell of State for that purpose voting the Supreme Authority to be in themselves and many other matters of the like high nature which have no place in the Lawes of England was such an imposition as neither agreed with the knowne Parliament Priviledges Liberty of Conscience so loudly professed by these sanctified Members which sit nor with humane reason and sense And at last to sit under those Armed Guards that put a force upon them the 6. Decemb. before promised as little of safety unlesse they would renounce their owne Consciences and Act the wills of their Ianisaries and their Party and would render them contemptible to all the world especially to those men who put this insolency upon them I formerly told you how unwilling the Members were to adjourne and resign their more than Kingly Power to the Councell of State 198. Articles of Impeachment against the Speaker wherefore Cromwell finding he could not obtaine that of them by a Vote projected another way to work his Designe not the old way of a violent purge by securing and secluding the Members with his Myrmidons Note that Oliver before he left the Town erected a Committee of Officers of the Army to prosecute and bring to punishment grand Delinquents This is a new kind of Stat-Chamber of military Nobles held like a Rod over the Mock Parliament Councell of State and the Generall in case they shall oppose Olivers Designes that is already infamous and would savour too grosly of the Power of the Sword and would shew Oliver to be rather a Quack-salving Doctor of Physick than a Doctor of the Civill Law He caused the Councell of Officers therefore to frame certaine Articles of Impeachment against Mr.
went quietly with them into the Vestry when presently a party of Horse from Saint Pauls rode into the said Church with Swords drawne and Pistols spanned crying out Knock the Rogues on the Head shoot them kill them and presently shot at randome at the crowd of unarmed Men Women and Children shot an old Woman into the head wounded grievously above forty more whereof many are likely to die frighted Women with Child and rifled and plundred away their cloaks hats and other spoiles of the Aegyptians and carried away the Minister to White-hall Prisoner You see these Hereticks Schismaticks and Atheists that crie so loudly upon Liberty of Conscience for their owne Blasphemies will allow no Liberty of Conscience to Protestants notwithstanding their Doctrine and form of Service is antient allowed and commanded by known Lawes and approved of by all the Reformed Churches of Christendome This strongly argues a Designe in the three Kinghdomes to root out Protestancy as well as Monarchy carried on by a conjunction of Councels and Forces between that triumvirate of Rebells O Neale O Cromwell and as many wise men thinke Argyle who would not otherwise keep the Scots from complying with the KING upon modest and moderate termes such as shall leave him in the condition of a Governing King able to protect His People from injuries at home and abroad without which He is but magni nominis umbra the shadow and May-game of a King Observe This Mutiny was not begun by Levellors this provocation was put upon the City when an artificiall Mutiny was raised at Oxford and against the Great Horse-race appointed to be at Brackley the 11. September to draw both City and Country to joyne with the Mutineers and then the Souldiers should have made their peace by themselves and have left the rest to the mercy of the State to raise more money upon them for O Cromwells expedition in Ireland who hath writ for more recruits of Men and Money Those bloody Saints that accompanied O Cromwell into Ireland to make that Kingdome as miserable slavish as they have made this doe now poure forth the blood of their owne bowels in great abundance 217. O Cromwell's Men sick in Ireland Gods vengeance having visited most of them with the Bloody flux whereof many die But this is a secret that must not be knowne to the Ungodly and therefore O Cromwell and his Councell of Warre at Dublin have made an Order Declaring That if any Person residing within the Garrison of Dublin whether Inhabitants or Soldiers shall upon pretence of writing to their Freinds signifie the Transactions of the Army between O Neale and O Cromwell it may be or their Engagements with the Enemy so as to setforth their Successe or Losse untill first the Generall or Councell of Warre have signified falsified the same to his Parliament of England they shall incurre the breach of the Article against Spies and be accordingly punished with Death c. Here you see O Cromwell in the first Yeare nay in the first Month of his reigne sets up a military tyranny in Ireland to which all People as wel not Souldiers as Souldiers must submit their lives fortunes the writing of news to their Friends in England whereby their Lies Forgeries may chance to be cōtradicted shall be construed to be a Breach of the Article against Spies not because Reason Truth or the Customes of Warre calls it so but because the Sword puts this construction upon it Take notice Ireland that this is the first yeare of thy Bondage if they prevaile And take notice England that O Cromwell and his Councell and Party are resolved to Lie without controule if they prevaile not their Letters speake him to be 15000. strong before Tredah which hath Articled to yeild That the next he will vouchsafe is Dundalke and that Ormond flies from the face of this Josua and Lying Prophets are sent over to gull the People into a beliefe But the truth is he is not able to draw together above 4000. or 5000. men unlesse his Confederate O Neale joyne with him And Ormond hath wit enough to know that sickenesse and famine in that wasted Country are sufficient to deale with O Cromwell without his running the hazard of an engagement with such desperate forlorne Wretches 218. Vnreasonable Fees extorded by Birckhead by Dures of Imprisonment with the connivance of the Commons Col. Bromfield Hooker Cox and Baynes Citizens who the last yeare were committed upon suspition of High Treason to which every offence against this new Babel-state is now wrested notwithstanding the Stat. 25. Edw. 3. for limitation of Treasons as in an infectious season all diseases turne to the plague and were then discharged for want of matter to make good the charge are now againe imprisoned in the first yeare of Englands Liberty at the request of Birkhead Sergeant at Armes to the Commons untill they pay such unreasonable Fees as he pleases to exact from them This had been great Extortion and Tyranny in the KING's time when this Nation enjoyed so much freedome as to call a Spade a Spade an Extortioner an Extortioner a Tyrant a Tyrant And reason good for if such Fees be legally due Birkhead hath Legall meanes to recover them if not Legally due it is Extortion in him to demand them in so violent a way and Tyranny in his Masters the Commons to maintaine him in it Sir Henry Mildmay lately comming to the Tower 219. Sir Har. Mildmay's Politicke Observations Chaste Conversation and first initation at Court and perceiving the Countesse of Carlisles window had some prospect to Col. Lylbornes grates out of his parasitical diligence told the Lieutenant of the Tower That notwithstanding the distance was such as they could not communicate by speech yet they might signifie their intentions by signes upon their fingers to the prejudice of the tender infant State and accompanying this admonition with some grave and politick Nods hasted away to the Councell of State and being both out of breath and sense unloaded himself of his Observations there and was seconded by Tho Scot the Demolisher of old Palaces and Deflowrer of young Maydenheads before they are ripe who much aggravated the danger and applauded the Observator Sure Sir Henry hath not yet forgot the bawdy Language of the hand and fingers since he first in Court began to be Ambassadour of Love Procuror Pimp or Pandor to the Duke of Buckingham and laboured to betray the honour of a faire Lady his nearest Ally to his Lust had not she been as Virtuous as he is Vitious if it be possible for any Woman to be so and did actually betray others to him I can tell you that very lately Sir Harry pretending himselfe taken with the Wind-collick got an opportunity to insinuate himselfe into a Citizens house in Cheapside and tempted his Wife but had a shamefull repulse but more of this I will not speake lest his Wife beat
1647. they say We clearly professe we doe not see how there can be any peace to this Kingdome firme and lasting without a due consideration of and provision for the Rights quiet and immunities of His Majesties Royall Family and His late Partakers now they judge the majority of the House corrupt for moving one step towards a peace with the King The Parliam thought it not reasonaâ—le the King should be sole Iudge of publick necessity in case of Ship-mony Return to sect is where I set downe 6. of their Principles though He hath now granted more to them then all the Armies Proposals then demanded of Him Thus they make this generall plea of necessity serve to justifie the considerations which they are put to by making themselves Judges of those things they have no calling to meddle with for by what Authority are they Judges of publique Necessity 2. This Principle Necessity is destructive to all Government for as the Generall Officer urgeth necessity for acting against the commands and Persons of his Superiours and arrogates to be Judge of that Necessity the Inferiour may urge the same Necessity in his judgement to act against the commands of his Generall The Souldiers gainst their Officers any other 20000. men in this Kingdome against this Army and this Army as against this Parliament so against any other Representative or Government and so in infinitum 3. The Commons in Parliament are not accountable for the use of their trust to any but the House The Commons have their Authority from the VVrit of Election though their electioÌ„ from the people See the VVrit Crompton's Iurisdict of Courts Tit Parliament being Trustees of the People not by Delegation but by translation all the power of the people being transferred to them for advising votinq assenting according to their judgments not according to the judgments of those that sent them for otherwise the parties electing and those elected differing in judgement one might protest against what the other had done and so make void all Acts of Parliament But if their Acts were valid or void at the Electors judgements yet were the Members onely accountable to them that sent them not to Strangers and in no case to the Army who are themselves but in subordinate trust to the Parliament for their defence 4. This violence upon the Members is not onely contrary to the Armies trust but against their Covenant and Protestation the breach whereof being a morrall evill cannot be made good by honest intentions and necessity The particulars of the said Generall Officers Answer upon which this pretended Necessity is grounded are six but we must first take notice what is said from the end of the 2. pag. to the end of the 5. before we enter upon them the summe is That by the endevors of some old Malignant Members In all nevv Elections there were 2. IndepeÌ„dents chosen for one of any other principles IndepeÌ„dents vvere theÌ„ Commissioners for the Great Seale â—â—d livered VVrits to men of their ovvne Party vvho had the advâ—ntage to keep them and chuse their ovvne time to deliver them and Souldiers under colour of keeping the peace became great Sticklers in Elections and by practises used in new Elections there came in a floud of new Burgesses that either are Malignant or Neuters To this we say what is done by the majority is the Act of the whole House and what is done against the majority is done against the whole House nor was the Ordinance for New Elections carried on by old Malignants unlesse the major part of the House were alwaies such before the new Elections It is not hard to shew that many of the Officers of the Army came in upon the last Elections where chosen by those places where they are scarce known upon what influence therefore they came in let the world judge And now for the said 6. particulars objected The Army betrayed Ireland by their disobedience They vvould neither go for Ireland themselves nor suffer others to go 1. part sect 16. 55.57 1. The betraying of Ireland into the Enemies hands by recalling the Lord Lysle from his command there and putting the best part of the said Kingdome and where the Parliament had the strongest footing Munster into the hands of Inchiquine a Natavi Irish who hath since Revolted from the Parliament hath lately united with the Irish Rebels and with them and Ormond for the King To this we say the Lord Inchiquine came in and brought Munster to the Parliament and preserved their Interest in Ireland in all the heat of their Warres in England when they had little other Interest there This Lo vvent late carried over 160000 l. for vvhich he hath not yet accounted began a quarrell vvith In hiquine put him into discontent then returned See the Irish Letters Papers to the House in print and lesse meanes to relieve them the Lord Lysle was not recalled from his Command there but his Commission for Lord Lieutenant expiring 15. April 1647. on the 17. April he hoysed sayle for England after the Lord Lysles returne for England the Lord Inchiquine did gallant service against the Rebels tooke many strong Holds from them and won the Battle of Knocke-knowes one of the greatest that ever was gotten of the Rebels The House therefore approved of his behaviour untill 3. April 1648. when the Army having led the way the Lord Inchiquine taking distast thereat by way of imitation began to enter into Engagements and Remonstrances against the Parliament as it was then constituded for which he made the Remonstrances Engagements and Declarations of the Army the Summer before both the cause and precedent as by the printed Relation doth appeare 2. Their endeavours to bring in the King upon His owne Tearms without satisfaction and security to the Kingdome viz upon His Message of the 12. of May 1647. and to this end to Disband this Army before any peace made or assured To this we say the House of Commons upon the first notice thereof voted the said Engagement of the 12. of May Treasonable by Ordinance 17. Decemb 1647. put an incapaciti upon such Citizens as had any hand in it which evidenceth we were here in a right majority as in other parts of their Paper they take the Votes of the House to prove us a corrupt majority The charge here lying in generall and not fixed upon any particular Concerning Disbanding the Army we say the House voted 8. Regiments of Foot 4. of Horse and 1. of Dragoones to be sent out of the Army for Ireland and resolved to keep 10000. Foot and 5400. Horse under Command of the Lord Fairfax for defence of England This was 1. For Relieving Ireland 2. For easing the heavy pressures of the poor People in England And 3. an honourable employment for the Forces of the Army to prevent such higst distempers as have since ensued 3. That they endeavoured to
protect the 11. impeached Members from justice and with them to raise a new Warre To this we say See my 1. part sect 16.17,18 my said Animadversions pag. 2. neither vvere they legally impeached See Ardua regnâ— or tvvelve arduous doubts vvriten in defence of the expulsed Memb the said Members Ans to the Armies Charge we gave them no other protection than the Laws allowed them For the mispending 200000l designed for Ireland we say that 80000l thereof was paid to Nicholas Loâ—tus and others for service of Ireland and above 50000l to the Treasurers at Warre for the Army which may more reasonably be said to be mis-imployed because the Army had an established pay another way than what the Reformado Officers and Souldiers who obeyed the Orders of the House for Disbanding received who neverthelesse pressed upon the House the more earnestly for their Arreares after the Declarations and Remonstrances published by the Army for paying the Arreares of all the Souldiers of England 4. Their countenancing abetting There vvas a close Inquisition of Godly Cut-throats purposely chose to examine this Tumult vvhich proceeded illegally used so much foule play as to accuse men upon characters of their clothes persons yet malice it selfe could find nothing See my 1. part sect 45 46. to sect 54. Return to sect 2. 5. and partaking with the Tumult of Apprentices and others against both Houses of Parliament To this we say that we wonder they should urge the force offered to the House then which they declared horrid and treasonable to justifie the violence acted upon the House by themselves of a much higher nature This is a meer fiction of the Pen-mans which we doe every one of us for ourselves respectively deny 5. The holding correspondency ingaging and assisting the tumultuous Petitioners last Spring the rebellious Insurrections in Kent the Revolted Ships Prince of Wales with the Scots Army We doe every one of us for our selves respectively deny these 6. That when the Army was dispensed and engaged in severall parts c. and many faithfull Members employed abroad upon publique services and others through Malignant Tumults about this City could not with safety attend the House Then the corrupt and Apostating Party taking advantage of these distractions which themselves had caused First recalled in those Members c. Then they recalled those Votes for Non-Addresses and voted a Personall Treaty To this we say that if the proceedings of the Treaty were surreptitiously gotten in a thin House why do they then complain in other parts of their Paper that the majority of the House is corrupt Return to sect 2. 5. there see the true grounds of these Tumults See vvhat use they make of providence in the 2. part of Englands nevv Chaines and formed to serve the Kings corrupt Interest why did they force from the House above 200. Members at once the Counties never expressed so high contempt of the Parliament untill the like had been first done by the Armies quartering upoÌ„ them And now let us come to that Vote of the House 5. Dec. 1648. That the Kings Answer to the Propositions of both Houses are a ground to proceed upon to a setlement of Peace of which they say That though they advanced hither to attend providence for opening some way to avoid the present evils designed and introduce the desired good into the Kingdome yet they said nor acted nothing in relation to the Parliament nor any Member thereof untill by the Vote passed Decemb. 5. they found the corrupt majority so resolvedly bent to compleat their Designe in bringing in the King Doe they call their threatning Declaration Remonstrance a saying nothing and their marching up against the House contrary to the Order of the House a doing nothing in relation to the Parliament But by these words it appeares that this Vote 5. Decemb. is the very point of that necessity they now relie upon to justifie their force upon the House For before that passed they say They acted nothing c. we must now state the difference between the Houses Propositions See Mr. Pryn's said Speech in the House â— Decemb. 1648 more at large and the Kings Answers and see whether the King did not grant all those Propositions in which te maine security of the Kingdome resteth He granted the first Proposition for taking off all Declarations as was desired And the third Proposition for the Militia as was desired He assented to the Proposition for Ireland limiting the time of the Parliaments disposing Officers there to 20. yeares He consented to such Acts for publique Debts and Publique Vses as should be presented within 2. yeares and incurred within that time Hee granted the Proposition concerning Peeres as was desired Hee granted the Disposing Offices in England to the Parliament for 20. yeares He granted the taking away the Court of Wards having 100000 l. per ann in lieu thereof to be raised as the Parliament should thinke fit Hee granted to Declare against the Marquesse of Ormond's power and proceedings after an Agreement with the Parliament The onely difference therefore remained upon two Propositions 1. Delinquents 2. The Church For Delinquents though He doth not grant all His Majesty consented they shall submit to moderate Compositions according to such proportions as they and the two Houses shall agree 2. He disableth them to beare Offices of Publique Trust and removes then from the Kings Queens and Princes Court 3. For such as the Houses propounded to proceed capitally against He leaves them to a Legall Tryall and Declares He will not interpose to hinder it which satisfies the maine complaint of the Parliament which was in the beginning of the Warre That the King protected Delinquents from justice And all that the House desired in the Propositions presented to Him at Oxford Febr. 1642. was That His Majesty would leave Deliquents to a Legall Tryall and Iudgement of Parliament But that His Majesty should joyne in an Act for taking away the Lives or Estates of any that have adhered to Him He truly professeth He cannot with Iustice and Honour agree thereto 4. Nor doe we see how Delinquents being left to the Law can escape justice the King having granted the 1. proemiall Proposition so by a Law acknowledged the Parliaments Cause and Warre to be just For the Church The Houses propound the utter abolishing of Archbishops Bishops c. The Sale of their Lands that Reformation of Religion be setled by Act of Parliament as both Houses have or shall agree The Kings Answer takes away Church-Government be Archbishops Bishops c. by taking away their Courts and Officers and so farre takes away their power of Ordination that it can never be revived againe but by Act of Parliament so that Episcopacy is divested of any actuall being by the Law of the Land instead thereof the Presbyterian Government setled for three yeares by a Lawâ— which is for so long a time as