the dores shut Cromwell sends a paper to the House of Commons requiring that the impeached Members and M. G. Brown might be secured and brought to justice and that the 90. odd Members that refus'd to vote against the Scotch Engagement and voted to recal the Votes for non-addresses and for a treaty might be suspended the House and that all faithful Members who were innocent of those Votes would acquit themselves by protestation from any such concurrence that there might be a distinction made between um The Paper was delivered in but they scorning to sta for an answer sent several guards to the House under the command of Pride Hewson and Hardres Waller and violently seized all those Members that they found two honest for their purposes The House being thus purged and brought to so small a number in so much that an Officer of the Army having secured some of the Members in the Lobby as they were going into the House the Speaker having not enough within to make up a House was forced to send to the said Officer to lend him his prisoners to make up a free Parliament in comes Cromwel out of the Countrey and brings Harry Martin that sanctified Members along with him to make up his numbers and to awe the City Garrisons Blackfriers and Pauls The secluded Members protest against their seclusion but the Cromwellian faction Vote their Protestation seditious scandalous and tending to destroy the visible and fundamental Government of the Kingdome Then like Cromwels good boyes they vote all the votes of the secluded Members for a personal treaty null and void and to try whether all were their trusty friends that voted for them Gourdon moved that a protestation be forthwith drawn up and that every Member set his hand to it in detestation of those repealed Votes which was drawn up afterwards and within a few daies after subscribed by The Lord Lisle Colonel Boswel Lord Grey Per. Pelham Colo. Iones Colonel Temple Colo. Ven. Sir Thomas Maleverer Sir Tho. Wroth Sir Io. Bourchier Col. Pet. Temple Tho. Chaloner Sir Gregory Norton Oldsworth Garland Sir Io. Danvers Dove Smith Frie Searle Nic. Love Io. Lisle Col. Rigby Holland Ludlow Greg. Clement Col. Purefoy Col. Stapely Dunch Cawley Downs Io. Carey Blackstone Scot. Hutchinson Mildmay Sir Iames Harrington Col. Harvey Penington Atkins Dan. Blackgrave Moor Millington Prideaux Roger Hill Denis Bond Col. Harrington Hodges Valentine The design being thus pritty well ripened the Counsel of War who managed the business in relation to the King ordered that all state and ceremony should be forborn the King and his attendants lessend which was done to mortifie him by degrees Now was it thought fit to have it moved in the House to proceed capitally against the King Cromwel after it was once proposed sinding it then his cue to speak stoop up and told them That if any mov'd this out of design he should think him the greatest Traytor in the World but since providence and necessity had cast them upon it he should pray to God to bless their Counsels though he were not provided on the suddain to give them Counsel The White Boys thus animated went on furiously and Scot with an unheard of impudence now dares to bring in the ordinance for tryal of the King it was read recommitted three several times and Commissioners names inserted consisting of divers Lords Commons Aldermen Citizens Countrey Gentlemen and Souldiers that the more persons of all sorts might be engaged in so damnable and treasonable a design and because this Ordinance and the proceedings thereupon had no foundation in Divinity Law nor Reason The Cromwellian Faction to give it a foundation and ground from the authority of their Votes declare that by the Lawes of the Land it is treason in the King to levy war against the Parliament and Kingdome of England This Vote together with the ordinance was carried up to the Lords by the Lords Grey of Groby The first debate was upon the Vote The Earl of Manchester told them That the Parliament of England by the fundamenttal lawes of England consisted of three Estates King Lords and Commons The King is the first and chiefest estate He calls and dissolves the House and confirms all their Acts and without him there can be no Parliament and therefore t is absurd to say The King can be a Traytor against the Parliament The Earl of Northumberland said That the greatest part of the people of England were not yet satisfied whether the King levied War first against the Houses or the Houses against him and therefore it was very unreasonable to declare Treason by an Ordinance when the matter of fact is not yet proved nor any Law extant to judge it by Whereupon the Lords cast off the debate and cast our the Ordinance Hereupon the Zealots of the House that is to say that Protestors were very angry at the Lords and therefore intend to rid their hands of them and the King both together and thereupon they presently passed a Vote should be impowred to act notwithstanding the Lords did not concurre with them and many of the most famous hot-spurs were so high as to insist that the Lords who would not give their concurrence to the Votes and Ordinance should be impeached for favouring the grand Delinquent Having thrown by the Lords they proceed to make themselves to have the shew of a legall power by passing these three Votes 1. That the people that is to say their own Faction are the original of all just power under God 2. That the Commons of England being chosen by and representing the people are the supreme Power of this Nation 3. That whatsoever is enacted by Law by the House of Commons assembled in Parliament hath the force of a Law This was Cromwels Chain-shot whereby he swept a King and Lords putting all the Liberties of this Nation under his own and the power of fifty or sixty of his own covetous Saints By their former contrivances having now brought themselves to such a height of power and that power to a boldnesse that durst go so farre there was a necessity for them now to proceed and therefore the next thing they did was to passe the Ordinance for tryall of the King which was carried on without one negative voice There was one rub in the way that they could not use his own Great Seal against him and a new one was long a making But after consultation they agreed upon a new way for what need ceremonies when men are resolved upon the substance They therefore proceed without any Commission under Seal upon the Ordinance and every Commissioners set his own hand and seal to the publick instrument of their transactions At the same time great endeavours are made to stop the mouths of the Ministers giving them threatning admonitions not to preach against the actings of the Parliament and the Army and the Councill of Warr finding it difficult to stop the Ministers mouths did
proceedings must be either new or old if old shew it if new tell what Authority warranted by the Fundamental Laws of the Land hath made it and when But how the House of Commons can erect a Court of Judicature which was never one it self as is well known to all Lawyers I leave God and the world to judge And it were full as strange that they should pretend to make Laws without King or Lords House to any that have heard speak of the Laws of England And admitting but not granting that the people of Englands Commission could grant your pretended power I see nothing you can shew for that for certainly you never asked the question of the tenth man of the Kingdom and in this way you manifestly wrong even the poorest Ploughman if you demand not his free consent nor can you pretend any colour for this your pretended Commission without the consent at least of the major part of every man in England of whatsoever quality or condition which I am sure you never went about to seek so farre are you from having it Thus you see I speak not for my own right alone as I am your King but also for the true Liberty of all my Subjects which consists not in sharing the power of Government but in living under such laws such a Government as may give them the best assurance of their lives and the propriety of their goods And for the House of Commons that the major part of them are detain'd or deterr'd from sitting so as if I had no other this were sufficient for me to protest against the lawfulness of your pretended Court. Besides all this the peace of the Kingdome is not the least in my thoughts and what hopes of settlement are there so long as power rules without Law changing the whole frame of that Government under which this Kingdome hath flourished for many hundred years and believe it the Commons of England will not thank you for this change for they will remember how happy they have been of late years under the reign of Queen Elizabeth the King my Father and my self untill the beginning of these unhappy troubles and will have cause to doubt that they shall never be so happy under any new These were the Reasons which the King intended to have delivered before sentence but they were utterly rejected by those who knew it was not their business to hear reason in a Court that was erected contrary to reason and therefore they hasten to give judgement which was brief That the King for sundry Crimes and Misdemeanours which he was never guilty of should be put to death During the intervall between his Sentence and Execution the House ordered upon moton that Doctor Iuxon Bishop of London should be permitted to be private with the King in his chamber to preach and administer the Sacrament and other spiritual comforts to him But nevertheless the Masters of the Councill of Warr appointed Iohn Goodwin of Coleman-street the Balaam of the Army to be Superintendent both over the Bishop and the King so that they could hardly speak a word together without being over-heard by the long schismaticall eares of black-mouth'd Iohn And besides all this the Guard of Souldiers that was kept within his chamber what with talking what with clinking the pots and opening and shutting the dores and taking Tobacco a thing very offensive to the Kings nature they kept him waking thereby distempering and amazing him with want of sleep that they might the more easily bring him to their termes Upon the twenty eighth of Ianuary being the last Sabbath the King kept in this life some of the Grandees of the Parliament and Army tender'd to the King a paper book with promise of life and some shadow of regality if he subscrib'd it It contained many particulars destructive to the fundamentall Government Religion Laws and property of the People one among the rest was this That the King should pass an Act of Parliament for keeping on foot the Militia of this Army during the pleasure of the Grandees who should be trusted with that Militia with power to recruit from time to time and continue them to the number of forty thousand Horse and Foot under the same Generall and Officers with power notwithstanding in the Councill of Warr to chuse new Officers and Generals from time to time as occasion shall happen and they think fit and to settle a very great Tax upon the people by a Land rate for an established pay for the Army to be levied and collected by the Army themselves and a Court-Martiall of an exorbitant extent and latitude But his Majesty having read some of the Propositions threw them aside telling them He would rather become a Sacrifice for his People then betray their Lives Laws Liberties and Estates together with the Church and Common-wealth and the honour of his Crown to so intolerable a bondage of an armed faction Saturday night and Sunday night the King lay in White-hall so neer the place appointed for the separation of his soul and body that he might hear every stroak the workmen gave upon the scaffold where they wrought all night this was a new device to mortifie him but it would not doe Tuesday the thirtieth of Ianuary was the day appointed for the Kings death His Majesty coming upon the scaffold shewed all the while an extraordinary magnanimity and Christian patience He had his head severed from his body at one stroke the Schismaticks showting presently after His Executioners though then concealed are now found to be Ioyce that bloody instrument of Cromwell's designes and Peters who lay not with a Butchers Wife so long to be ignorant of her Trade And therefore the Parliament have now sent for them to receive the condign punishment of their villany This is the relation of his Majesties Tryall by a mix'd Court of Justice erected by fifty or sixty confederate Members after all the rest of the Members above two hundred and fifty had been violently secluded secured and frighted And thus this noble Prince a Person sanctified by many afflictions after he had escaped Pistoll Poyson and pestilent Air could not escape the malice of Cromwell nor the impudence of Cook Bradshaw Steele Aske Doristaus Thus was the Shepheard smitten and the Sheep were scattered But Heaven not willing longer to endure the wickedness of such insolent Tyrants nor to see the innocent longer in affliction hath been pleased at length to restore the King to his Throne putting his Enemies to shame and confusion and herein we must admire the justice of the Parliament to whom the King unwilling to be Judge in his own cause hath referred himself What they have done their Acts declare The last week they excepted eleven of the grand Delinquents from mercy M. G. Harrison Mr. Say Mr. Scot. Coll. Berkstead M. Lisle Cornel. Holland Iones Cook Broughton Sar. Dandy M. Hulit After this in further prosecution of their intentions to bring these
horrid murtherers to condign punishment they made a Proclamation in the Kings Name that all the Kings Judges should render themselves within forty dayes or else they should be excepted for life and estate whether they were of the twenty nam'd or no. Hereupon Alderman Tichborn Charles Fleetwood Coll. Temple Coll. Waite Peter Temple Simon Maine Bourchier Owen Roe Coll. Rob. Lilburn Coll. Downes Isaak Penington Sir Henry Mildmay Coll. Dixwell Adrian Scroop Augustine Garland Coll. Harvey Mr. Smith Sir Hardress Waller Henry Martin Heveningham Iohn Carew M. G. Ludlow M. Corbet did surrender themselves and are now in custody under the Sergeant at Armes attending the House From Ireland were sent Coll. Hunck Coll. Pheire to whom the Warrant for execution was directed and one Hulet suspected to be the Executioner and upon examination excepted out of the Act of Pardon and Cook Sollicitor to the High Court of Justice They have also ordered that twenty of the most engaged persons be excepted out of the generall Act of Pardon and Oblivion not extending to life to suffer such penalties and forfeitures as shall be specified in an Act to that purpose Whose names are Will. Lenthall Speaker Sir Harry Vane Will. Burton Bailiff of Yarmouth Sir Arthur Heslerig Coll. Sydenham Coll. Desborow Alderm Ireton Coll. Axtell Mr. Keeble Capt. Blackwell Maj. Creed Charles Fleetwood Lieut. Generall Coll. Iohn Lambert Alderm Pack Coll. Pine Coll. Cobbet Capt. Deane Oliver St. Iohn late one of the Justices of the Common Pleas. Mr. Philip Nye and Mr. Iohn Goodwin Ministers Thus we see Divine Vengeance prosecuting these Sons of Massacre who having by treachery dissimulation and breach of oaths as we have shewn you gotten into power by their extravagant tyranny had almost ruined the Nation Let God arise and let his enemies be scattered FINIS A Catalogue of some Books lately printed and in the Presse a printing for Henry Marsh at the Princes Armes in Chancery-lane neer Fleet-street 1. THe Soveraignes Prerogative and Subjects Priviledge comprised in several Speeches Cases and Arguments Historicall and Politicall discussed between the Kings sacred Majesty and the most eminent Persons of both Houses of Parliament together with the grand Mysteries of State then in agitation faithfully collected by Thomas Fuller B. D. in folio second edition 1660. 2 A compleat History of the Warres of the Greeks written by the learned Polibüis and translated by Edward Grimston Esquire Sergeant at Armes to his late Majesty in folio 3 The faithfull Lapidary or the nature and qualities of all pretious Stones very usefull for Merchants and others to avoid deceit by Thomas Nichols in quarto 4 A Treple Reconciler stating the Controversies 1 whether Ministers have an Exclusive power of Communicants from the Sacrament 2 if any person unordained may lawfully preach 3 if the Lords Prayer ought not to be used by all Christians to which is added a Sermon preached at his late Majesties Inauguration by Thomas Fuller B. D. in octavo at 1 s. 6 d. 5 A description of the several Counties and Shires of England by Ed. Leigh Esq Mr. of Arts of both Universities very useful for Travellers 6 The Compleat Attorney fifth and last Edition in octavo 7 The baptised Turk shewing his happy conversion from the delusion of that great Imposter Mahomet unto the Christian Religion by Mr. Gunning at Exeter House Chappell the fifth of November published by Tho. Warmstrey D. D. in octavo 8 John quarls's last Poems in octavo 9 The Crafty Whore or the mystery and iniquity of Bawdy houses laid open with dehorracions from Lust drawn from the sad and lamentable consequences it produceth published for the good of young Men by R. H. Esq in Octavo 10 That excellent piece Scutum Regale the Royall Buckler or Vox Legis A Lecture to Traytors who most wickedly murthered Charles the I. and contrary to all Law and Religion banished Charles the II. third Monarch of Great Britain by Giles Duncomb of the Middle Temple Gent. 11 The compleat History of the Wars in Scotland under the conduct of the illustrious and truly valiant James Marquess of Montross General for his Majesty Charles the I. in that Kingdome as also a true relation of his forreign Negotiations Landing Defeat Apprehension Tryall and deplorable Death for being faithfull to his Sacred Majesty Charles the II. 1660. 12 Shimei's Curses on King David lighting on himself or Experimentall Observations of Gods severe and just Judgements upon Murtherers and Traytors being comparative meditations of the sufferings of King David and his late Sacred Majesty by R. H. Esq in octavo 13 The Fathers Blessing and last Legacy to his Son containing many excellent Instructions for Age and Youth first written for the instruction of his Son and now made publick for the benefit of others by Edward Burton Esq in twelves 14 The High Court of Justice erected and detected by Tho. Baker Parson sequestred in twelves 15 The RUMP or a Collection of such Songs and Ballads as were made upon those who would be a Parliament and were but the Rump of a House of Commons five times dissolved and now published bp J. B. 1660. in octavo 16 A short View of the Life and Actions of the most Illustrious James Duke of York together with his Character 17 History compleated or the Life of his Sacred Majesty Charles the II. in three Books wherein is interwoven a short view of the Life and Actions of the Illustrious Dukes of York and Glocester in large octavo price 1 s. 6 d.