Anarchia Anglicana: OR, THE HISTORY OF INDEPENDENCY. THE SECOND PART. BEING A continuation of Relations and Observations Historical and Politic upon this present PARLIAMENT, Begun Anno 16. CAROLI PRIMI. By THEODORUS VERAX. PSALM. 8.8. Virum sanguinum & dolosum abominabitur Dominus. Printed in the Year, M. DC.XL.IX. In the 103. Page, in the Catalogue of those Persons who did actually sit upon the Trial of King CHARLES the First. These following Names are omitted, who ought to have been inserted. William Say, Esquire, Col. Math. Thomlinson. John Blackston. Gilb. Millington. Abraham barrel. Col. Jo: Downes. Master Norton. L. Gen. Tho: Hammond. Nich: Love. Vincent Potter. Augustine Garland. Sir Miles Lyvesey. Jo: Dixwel. Simon maine. Daniel Blagrave. Col. Robert Lylborne. Col. Rich. Deane. Col. Huson. L. Col. W. Goffe.. Master Carewe. Jo. joanes'. TO THE READER. READER, having spoken to thee in the First Part, I might have forborn thee in this Second, did I not fear to seem guilty of the sullenness & malignity of these times. The subject-matter of my Book is à Combination or Fraction of Pseudopolitians, and Pseudo-Theologitians, Heretics and Schismatics, both in Divinity and Policy; who, having Sacrificed to their Francies, Lusts, Ambition and Avarice, both their God and Religion, their King and Country, our Laws, Liberties & Properties, all duties Divine and Humane, are grown so fare in love with their prosperous Sins, as to entitle God himself to be Father and Author of them from whose written Word & revealed will held forth to us in the Scriptures as the only North Pole and Cynosure of our Actions (where they find no warrant for their doing) the appeal to the secret will and Providence of God, to which they most Turkishly and Heathenishly ascribe all their enormities, only because they succeed: and, from that abyss of God's Providence, draw secondary Principles of Necessity and Honest intentions, to build the Babel of their confused Designs and Actions upon; not considering that wicked Men perform the secret will of God to their Damnation; as good Men do the known will of their Father to their Salvation. If a Man lie sick to death, and his Son wish him dead, this is sin in the Son, although his desire concur with the secret will of God; because the Son ought to desire the preservation of his Father's life; whereto the will of God revealed in his word obligeth him: and, vivendum secundum Praecepta, non secundùm Decreta Dei; The secret will and providence of God can be no rule and law of our actions, because we know it not, nor can search into it without presumption: We must not therefore, altum sapere, think ourselves too wise and well gifted to tie ourselves to the Scripture of God; & lust after Revelations and Inspirations; expecting God should rain Bread from Heaven for us, (Manna, Exod. 16.4.) but be wise unto sobriety. But, prosperum scelus, virtus vocatur: Thus casting off the written word of God (unless where by an enforced interpretation they can squeeze Atheism and Blasphemy out of it (as they do sometimes rack Treason, Murder, and Nonsense out of our Laws and Parliament-priviledges) conducible to their ends, they insensibly cast off God himself, and make themselves both the supreme cause and final end, the Alpha and Omega of all their do, whilst they use the Hidden & unsearchable Providence of God but as a Disguise and Wizard to Mask under, like Caelius the Atheist in Martial. Prosperity is become a snare to them, and a Topick place out of which they draw Arguments to satisfy themselves there is no God, no Religion, but a prudential one to fool the People with. Nullos esse Deos, inane Coelum, Affirmat Caelius, probatque, Quòd se videt, dum negat haec, beatum. But O wretched unholied men! What are they that thus commit Burghlary in the Sanctum Sanctorum of God's Providence? That presume, not only to pry into but to thrust their hands polluted with blood and rapine into God's mysterious Ark? Thus much for the subject matter. For the manner of my writing, I confess, as to the style, it is not aequabile scribendi Genus, all of one weaving and contexture: It is a History writ with a Satirique style and vein: — Nam quis iniqui, Tam patiens orbis, tam ferreus ut teneat se? It is a virtue to hate and prosecute vice. The Scripture tells us, there is a perfect hatred, a Holy Anger. And our Chaucer tells us, The words must be of kin unto the deeds: otherwise, how can they be expressive enough? I detest vitiae pulcherrimè mangonizata: vice triked up in virtues raiment; and prostituted under her modest dress to stir up Adulteres, quicquid agunt homines nostri est farrago libelli. A huge Gallymaufry, an Oglio of all villainies I here set before thee: it cannot be all of one dressing and seasoning, it must be a mixture, a Hogo of all Relishes; like Manna in the Wilderness, it must be applicable to all Palates: wherefore according to the variety of every present subject-matter, vel ridenti rideo, vel flenti fleo, I become all things to all Men, I assimilate my affections and humours to every Man's humour as well as to the present Theme; that I may take every Man by the right hand and lead him out of this Vr of the Chaldeans, this Land of Egypt, this House of Bondage in judgement and conscience, though not in person and estate: which must only be the mighty handiwork of that God who is able to divide the Red Sea, and give us a safe march through it upon dry Land. Which that he would vouchsafe to do let us all join our hearty prayers: and that we may instrumentally serve him in it, let us all join our heads, hearts and hands together, since God neglects faint-hearted and cowardly prayers: Let us not lie in the Ditch and cry, God help us. But let us help God to help us; and keep cor unum, viam unam, in the doing of it. The Ordinance passed 20. Aug. 1647. To thursdays and void all Acts, etc. passed under the force of the Apprentices. Die Veneris 20. Aug. 1647. An ordinance for Declaring all Votes, Orders, and Ordinances passed in one or both Houses, since the Force on both Houses, july 26. until the 6. of this present August. 1647. to be null and void. WHereas there was a visible, horrid, insolent and actual force upon the Houses of Parliament, on Monday 26. july last; whereupon the Speakers, and many Members, of both Houses of Parliament were forced to absent themselves from the service of the Parliament: and whereas those Members of the House could nor return to sit in safety before Friday, the 6. August; It is therefore Declared by the Lords and Commons in Parliament assembled, that the Ordinance of Monday, 26. july, for the Repealing and making void of the Ordinance of the 23. of the said july, for settling of the Militia of the City of London, being gained by force and violence; and all Votes, Orders, Ordinances passed in either, or both Houses of Parliament, since the said Ordinance of the 26. of july, to the said 6. of August, are null and void, and were so at the making thereof, and are hereby Declared so to be, the Parliament being under a force, and not free: Provided always, and be it Ordered, That no Person or Persons shall be impeached, or punished for his or their actions, by, or upon, or according to the aforesaid Votes, Orders, or Ordinances, unless he, or they shall be found guilty of contriving, acting, or abetting the aforesaid visible and actual force; or being present a, or knowing of the said force, did afterwards act upon this Votes so forced, or were guilty of entering into, or promoting the late Engagement for bringing the KING to the City upon the Terms and Conditions expressed in His Majesty's Letter of the 12. of May last. JOHN BROWNE. Cler. Parl. ERATA. PAg. 9 Lin. 9 r. spoken. p. 16. l. 29. r. Papir Cursor. p. 21. l. 14. Hypothetically. p. 28 l. 9 r. without. p. 70. l. 35. r. which action. p. 82. l. 33. r. Traitorous. p. 103. l. ult. col. 2. r. Io. Dove. p. 115. l. 7. r. disapprovable. p. 127. l. 22. r. fear. p. 177. l. 6. r. slay. p. 224. l. 35. r. power resides: p. 240. l. 6. r. act with them. l. ult. r. the most. THE SECOND PART OF The History of Jndependency. MY First part of Relations and observations Historical and Politic upon this present Parliament, 1. The Proem. begun Anno Dom. 1640. anno Car. primi, 16. is divided into two parts or Books, [The Mystery of the two juntoes, Presbyterian and Independent,] wherein I show with what art (to advance their designs) the Grandees divided the Houses into the said two Factions; which Factions entertaining the Quarrel in earnest, their respective Grandees were forced to turn their jest into earnest too, for upholding their Authority, with their several Parties: not unlike Butchers, who, in a Country Market set their Dogs together by the ears in sport, and at last own their Dogs quarrel themselves in earnest. The second Book is, [The History of Independency,] wherein I show the Rise, Growth, and Practices of that Party; which being full of schismatical quicksilver, restless and stirring, and tenable by no Oaths, Principles, Promises, Declarations, nor by any obligations or Laws divine or humane, doth now enjoy the fruits of their perfidiousness and treachery, a Conquest gotten over their Adversaries by pretending, protesting, and false promising, which they attribute to the Bounties and Mercies of God: and from the success of their villainies argue most Turkishly his blessings over them; and as jewishly arrogate to themselves to be the peculiar People and Saints of God, although he useth them but as a Rod in his hand to scourge the sins of the other Party, and of the whole Kingdom. It is the usual method of God's justice not only to punish one sin by another, but one Sinner by another; nay, a lesser Sinner by a greater: and at last to receive the humble and corrected Sinner into Abraham's bosom, and cast the insulting Executioner of his wrath into the fiery furnace of his anger. In my aforesaid [History of Independency] you have that Faction conquering: In this Continuation or Supplement of the said History, I represent them to you triumphing, using and abusing their Victories to the dishonour of God, destruction of the King, beggering and enslaving of the Kingdom, depriving us of our Religion, Laws, Liberties and Estates, and consequently, making our Wives and Children the objects of our fear, despair, and ill boding doubts, not the objects of any comfort and joy we can take in them, whose miseries we foresee, but cannot help. When I consider the intricacy of this my undertaking, how perplexed it is, how entangled with various change, counterchanging, revolutions, revoltings, and betrayings of Parties, (such are all Civil Wars, but especially those where the most unciviil and barbarous sort of men, the dregs and lees of the People swim a top) how full of divisions, and subdivisions; in so much that they who are Friends and hold together in one Interest or Faction, are Opposites in another. Methinks my labour is as vain as his that attempted to take the Picture of Proteus; or his, that endeavoured to shape a Garment for the Moon: when God brought a Confusion but of Lips and Tongues upon Babel, what Man was able to reduce them into order again? But God hath brought upon us a Confusion, a Babel, not only of Lips and Tongues, but of Heads, Hearts, Hands, etc. What Historian can find a method in so universal a Chaos? can draw light out of so palpable a darkness? Besides, I foresee my reward to be envy, hatred, malice, contempt, slanders, sequestration, beggary, imprisonment, and at last an Arbittary death without any Legal Trial, proceed, jury, judges, or Court, or any known established Law to judge by; Obsequium amicos veritas odium parit. I have already followed truth so near at the heels (although but a private retainer to her) that almost all my teeth are secretly stricken out: what dare they not now do openly against me? since by murdering our King; disinheriting his Posterity, subverting Monarchical Government, abolishing the House of Lords, and perverting the House of Commons, setting up new Representatives, with Supreme and Legislative Power, and new Courts and jurisdictions against all Laws, they Proclaim themselves Conquerors of King, Parliament, and Kingdom, Victors of our Religion, Laws, Liberties, & Properties, & Triumphers over our Persons, Wives, Children, and Estates? since they profess their will & power, to be the only Laws & Rules of their do, and our sufferings. But when I consider, that as no man's innocency, so no man's reservedness can protect him; but that some men must die (according to Catiline's rule) to make up the number, others to multiply confiscations, others to satisfy private suspicions, malice & revenge, & many must die to cement and foment this new erected Tyranny with their blood, I thought it as easy & more honourable to die waking and working for my God, my King, and Country, than to die sleeping, and have my throat cut in a Lethargy. I know these Schismatics thirst as much after blood, as they hunger after money: and I am sure to be involved in the common and inevitable ruin of my Country, why should I not rather perish for it now, them with it hereafter? It is more manly, more noble, more Christian; Dulce & decorum est pro patria mori; was the saying of an Heathen, why not of a Christian? Religion, Laws, and Liberties, lie now at stake; why should not I come in for a Gamester? it is a mixed cause, and he that dies for it is a Martyr. He that fears Death, must be a slave to those Tyrants that carry the Sword; he that fears Poverty, must be a Villain to those judasses' that bear the Purse; but he that fears God, will borrow strength from him to contemn them both: Thus putting my trust in God, I put Pen to Paper, and my life into the scales, where God (I know) holds the balance: he whose providence takes notice of a Sparrow falling from the housetop, will watch over me, and either protect me against them, or receive me from them. Cromwell and Ireton (by advice of their thriving junto of Independents in the two Houses) having mutinied the Army against their Masters the Parliament, 2. An Introductory Repetition. See my I. Part of the History of Independency, sect. 7, 8, 9, 10, 11, 13, & 14. found that crime could not be defended but by committing greater: wherefore they seized the King's Person at Holdenby to gain Authority with the People; that they might the better subdue the Parliament to their lusts: for the better expediting whereof, Sect. 18, 19 they courted the City of London to sit Neuters, and let them work their wills with the Parliament; which Mine not taking fire, they united the scismatical Party of the City and Country to them, and all such as being guilty of public cheats and spoils, desired the protection of the Sword to make good their rapines: and accounted all men else as Enemies; applying themselves to woo and cajole the People; easily wrought upon as being weary of the War, and of the Misgovernment, Factions, confusions and oppressions of their new Masters the Parliament; which indeed were very great, but aggravated by them and their Agitators beyond the truth: and the whole weight of them charged upon the more moderate and innocent Party, (only because they were their Opposites) whereas had they set the saddle upon the right horse, as sure as judas bore the Bag, the Independents must have rid before the Cloak bag; they being the Publicans and Sinners that handled most public treasure. The Layers on, Exactors, Treasurers, etc. of Taxes, the fare more numerous and busy party in all Mony-Committees, and gainful Employments, Engrossers of all great Offices; and the greatest Sharers of Public money amongst themselves for Compensations for Losses, and Rewards for Services pretended; and consequently, that Faction were the greatest Dilapidators of the Commonwealth, Oppressors of the People, and Authors of confusion, though (according to custom) by an impudent fallacy, called (Translatio criminis) the Independent faction lay their Bastards at other men's doors, making a show to redress those faults in other men, which themselves are chief guilty of: wherefore the better to ingratiate themselves with King and People, they printed and published Engagements, Declarations, Remonstrances, Manifestoes, Proposals, and Petitions of their own penning, and sent them by their Agitators and sectary Priests into all Counties for concurrence and Subscriptions: the better to steal the respects of the People from the Parliament to themselves, like Absolom, they flattered the People to make Addresses and Complaints against public Grievances to them only: Boasting themselves for the sole Arbitrators of Peace, Restorers of Laws, Liberty, and Property; Setlers of Religion, Maintainers of the Privileges of Parliament, Reformers and Callers to Account of all Committees, Sequestrators, Treasurers, etc. Deliverers of the People from that intolerable Excise, and other Taxes: But above all, Preservers of all just Interests, and Restorers of the King to his just Rights and Prerogatives with honour, freedom, and safety, to his Person, (originally their own words, Book of Declarations of the Army, pag. 112. Represent: of the Army at S. Albon. june, 23. 1647. B. Decl: again, p. 64 Sir Tho: Fairfax's Letter to the Houses from Reading, july 6. 1647. B. Decl: again, p. 75. Proposals of the Army, Aug. 1. 1647. Putney Projects, p. 1●. 14, 4●. and my Animadverssions upon the Army's Remonstrance delivered to the Commons, Novemb. 20. 1648. The second part of England's New Chains; and the Hunting the Foxes from New Market and Triplo heath to White hall by five small Beagles, p. 6, 7. See my Animadversions upon the Arms Remonstrance, Nou. 20. 1648 and Putney Projects, p. 43. and Major Huntington's Relation in a Book called, A plea for King and Kingdom, in Answer to the Arms Remonst: presented Novemb. 20. 1648. pag, 14, 15. 16. and, Second part of England's New Chains; and the said Hunting of the Foxes, etc. And the Reasons inducing Major Robert Huntingdon to lay down his Commission. though since they Quarrel with Parliament & City for using them) & Reducers of his Queen and Children; without which they openly profess and Declare positively in many printed Papers to the world and the Parliament, There can be no settled peace nor happiness to this Nation. The truth of this Assertion was obvious to the meanest Capacities; and will suddenly be proved by dear and lamentable experience. To all these undertake they now hunt directly counter, yet in pursuance of these undertake, the Army (by their own Authority) made Addresses to his Majesty, and presented to him more tolerable Proposals than any he could obtain from his Parliament: They treated with him, yea they wrought upon him underhand to neglect the Propositions from Parliament tendered to him at Hampton-Court, and to prefer the Proposals of the Army; and then (presuming they had him fast limed) they propounded to him anew (as I have it from good hands) private Proposals for the Interest of the Independent Grandees and the Army, derogatory to the Kingly Power and Dignity, to the Laws, Liberties and Properties of the Subject, and destructive to Religion. To which his Majesty giving an utter denial, they began to entertain new Designs against the King's Person, and Kingly Gouvernment, which they ushered in by setting the Schismatical and Levelling Party on work in City and most Counties, to obtrude upon the Houses clamorous Petitions against further Treaties, and demanding exemplary justice against the King: exceedingly laboured by Cromwell himself in Yorkshire both amongst the Gentry and Soldiers, etc. (amongst these the Petition, Decemb. 11. 1648. was the most eminent) these men that insolently petitioned against the fundamental Government of the Land, and Peace by Accommodation, were entertained with Thanks; Others that petitioned for Peace by Accommodation were entertained with Frowns, disfranchising, sequestrations, wounds and death, as the Surrey Gentlemen; this shown with how little reality the overruling Party in the Houses Treated with the King. 2. part of England's Chains discovered. 1. Treaty in the Isle of Wight. In order to this Design of laying aside the King, and subverting Monarchy, They 1. frighted his Majesty into the Isle of Wight. 2. The Parliament (that is, the predominant Party) pursued him thither with offer of a Treaty upon Propositions: conditionally (that before he should be admitted to Treat) he pass 4. Dethroning Bills; of so high a nature, that he had enslaved the People, subverted Parliaments, and had made himself but the Statue of a King and no good Christian, had he by his Royal assent passed them into Acts of Parliament; 1 par. Hist. Ind. sect. 62, 63, 64. and the Parliament (or rather the Grandees) after his Royal assent, might have made themselves Masters of all the other Propositions without his Consent: so that this Treaty was but a flourish to dazzle the eyes of the world. His Majesty therefore denied the 4. said Bills, and thereby preserved the legal Interests of King, Parliament, & People; yet the Faction presently took a pretence and occasion thereupon to lay aside the King, Ibidem, sect. 65, 66, 68, 69, 70, 71, 72, 74, 75. And my said Animadvers: p. 10. And the 2 part of England's new Ch: by passing 4. Votes for no more Addresses to him; and a Declaration against him: which were not passed without many threats, and more show of force than stood with the nature of a free Parliament, the Army lying near the Town to back their Party: the design having been laid before hand between Sir Henry Vane junior, Sir john evelyn of Wilts, Nath: ●●●nnes, Solicitor Saint john's, and a select Committee of the Army. I told you before the People had been throughly instructed formerly by the Army and their Agitators, 2. part of England's new Ch: discovered, p. 4, 5. That there could be no peace nor happiness in England, without restoring the King to his just Rights and Prerogatives, etc. notwithstanding which the People now found their hopes that way deluded by the Army and their Party; who had cast off the King upon private discontents, the true grounds whereof did not appear; and had obstructed all ways to Peace and Accommodation, and made them dangerous and destructive to such as travailed peaceably in them, witness the sad example of the Surrey-men, Kent, Essex; and all to perpetuate their great Places of power and profit. The minds of the People therefore troubled with apprehension that our old Laws and laudable form of Government should be subverted, and new obtruded by the power of the Sword, suitable to the lusts and Interests of these ambitious, covetous Men; and finding besides evident symptoms of a new War approaching to consume that small Remainder, which the last Wars had left; grew so impatient of what they feared for the future, and felt at present (insupportable Taxes, Freequarter, insolency of Soldiers, Martial Law, Arbitrary Government by Committees, and by Ordinances of Parliament changed and executed at the will and pleasure of the Grandees, in stead of our settled and well approved Laws) that despair thrust them head long into Arms in Wales, Kent, Essex, Pontefract, &c, and at the same time a cloud arising in Ireland, a storm poured in from Scotland, and the Prince threatening a tempest from Sea; these concurrences looked so black upon the Independent Grandees, that they gave way to a second mock-Treaty in the Isle of Wight; 2 Treaty in the Isle of Wight. which was the fruit of their cowardice and subtlety; as appears by Sergeant Nickolas (a Creature of theirs) who (upon Saturday, Octob. 28. 1648.) moved in the House, That the Lord Goring might be proceeded against as a new Delinquent out of mercy, because he had Cudgeled them into a Treaty; though now they attribute all to the King's corrupt Party in the two Houses: the Army likewise kept a mock-fast or day of Humiliatîon at Windsor to acknowledge their sins, and implore God's mercy for their former disobedience to the Parliament in not Disbanding, and their insolent Rebellion in Marching up in a Hostile and Triumphant posture against the Parliament and City, August. 6. 1647. promising more obedience hereafter, and to acquiesce in the judgement of the Parliament, and Declared, Decl. june 14. 1647. That it was proper for them to act in their own sphere as Soldiers, and leave State affairs to the Parliament: but this was done but to recover the good opinion of the people and City, and to keep them from stirring, and to stay the moderate Party of the two Houses from Declaring the Army Enemies, recalling and Voting their Commissions, and established Pay void, which they might have done with ruin to the Army and their Party in that Conjuncture of Affairs, and with safety to themselves, and applause of all honest men of England that had taken part with the Parliament from the beginning; had not some Grandees of the rigid Presbyterian party (both within and without the Houses) some cursed thing, some Achans wedge in their bosoms which suggested, Their sins were greater than could be forgiven; and therefore they durst not cast down the partition brickwall between them and the King (this Army) though it lean so hard upon them, it is ready to overwhelm them; War is necessary for some men of every Faction, whose crying sins peace will lay open and naked to the scorn, derision, and detestation of the world. How well these sanctimonious Sword-players of the Army have observed the Duties & Undertake of their said Humiliation, let the world judge: Have they not returned again with the Dog to the Vomit? have they not cozened God, and their own Souls? Sure they fasted from sin then, that they might sinne with the more greedy appetite now; and asked God forgiveness of the old score, that they might sinne again upon a new score. Thus you see the 2. Treaties in the Isle of Wight were begotten by fear and (that Idol of the Independents to which they offer up all their knaveries) necessity. They were Cockatrice Eggs laid by their Grandees when they had been Crow-trodden by Armies from abroad, & Tumults at home; See my 1. part sect. 65, 66, 105 106, 107. and the Conclusions there. Sect. 16, 17, 18 upon which they sat abrood only to hatch Scandals and new quarrels against the King, Anarchy and confusion to the State, and Tyranny and oppression of the People: to set up the Olygarchy of the Saints, or Council of State, the Kingdom of the Brambles, which since doth scratch the wool from off the skin, the skin from off the flesh, the flesh from off the bones. I. have been compelled to use some introductory Repetitions in this part of my discourse, that I may give you the whole mystery of the 2. Treaties with the King in the Isle of Wight, with the causes efficient, and final of them, under one view; lest some one link of the chain escaping your observation, it become a Chain of errors to you. My first part of the History of Independency ends with that which was but an unlucky preface to a Treaty with the King; 3. Hamilton overthrown. See my 1. part. sect. 136. namely, Cromwel's menacing Letters to the Speaker of the House of Commons, dated August 20. 1648. Relating his easy purchase of a great Victory over Duke Hamilton, and Lieut. Gen. Bayly; wherein he relates the number of the Scotish Forces, fare differing from the former Report of Lieut. Col. Osborne a Scotish Gentleman, made in the House of Commons, july 20. Sect. 110, 111. (where of I have spocten in my first part) who (to take away the terror of them) estimated hamilton's and Langdales conjoined Forces to be but 10000 and it was 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 was very strange and Exceedingly to be suspected (especially by any man who hath heard or read of Bayly's former demeanour in his own Country at Kylsythe and Ausorte Kirke) It was little better than a beating up of Quarters for 20. miles together (for so far the Scots Army lay scattered in their Quarters, the Horse so fare distant from their Foot, they could bring them no seasonable relief) Sir Marmaduke Langdale with his small Party drawn forth, and made an honourable resistance, had he been timely and strongly seconded: on the Scotish Party the Fight began at Preston in Lancashire, where the Duke being worsted, retreated to Wigon, from thence to Warrington thorough Lanes and Fastnesses, where Bayly, Lieut. General of the Scotish Foot, being strongly quartered upon a Bridge & Pass, yielded up 6000 Foot and Arms without fight, and so ruined his whole Infantrey: from Warrington the Duke fled with 4000 Horse to Namptwiche, from thence to Vtoxeter, where his manner of yielding himself to Colonel Wait (a Member of the House of Commons) take out of Waits own report in the House, who said, the Duke yielded simply, and without any Articles of Surrender; that he voluntarily gave him his Sword, Scarf, Signet of Arms, 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 Soldiers; 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 Bloodhounds of the Faction in the House scented this, and called upon Wait to know whether he named any? Wait Answered, that Hamilton was a subtle, politic Lord, and no doubt (for the saving of his own life) would do that in more convenient time. Hereupon a Committee (all of Cannibal Saints) was presently packed, and ordered to go down and examine the Duke, but no particulars could they get from him: which was an honourable silence, and made amends for his former lavish speech. It was happy the Prince did not trust himself in the Head of this Army. Had Hamilton marched immediately to Colchester, or but to Pontefrect, (which he might easily have done, Lambert his only Opposite still retreating before him) the whole Country had risen with him. But he known the Presbyterian party had rendered themselves contemptible, and he as much contemned the Independents, therefore he foreslowed his march, willing Cromwell and Fairfax should subdue all other Parties, and that he only might have Arms in his hands to bring in the King upon his own terms; this over confidence undid him: He was too much a Statesman, and too little a Soldier. 4. The insolency of the schismatical Members upon report of the Victory. This Victory did work like Botled-Ale with Scott, Thomson, Cornelius Holland, Sir Henry Myldmay, and many others of the light headed Saints, who were so puffed up with the windiness of it, that they began to swell with disdain and malice against the Personal 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 only means of peace and a setlement. 5. The wiser sort subtly continue a mock-Treaty. But the wiser sort (more crafty to do mischief) knowing, that the people were weary of Taxes and the Army, and had no hopes of peace but by a Personal Treaty; and were resolved to purchase peace, although at the price of a new War: that Colchester, Pontefract, Scarborough, and a Castle or two in Kent were not yet reduced, the people in Wales, Kent, Essex, the North, not yet settled in such a calm, but that a new storm might arise: a considerable party of the Scots yet unbroken in England, and fronting Cromwell and Lambert, under the command of Monroe, a daring, knowing, and uncorrupted Commander; Scotland itself not yet assured to them: and above all, the Prince of Walls with a strong Fleet at Sea, likely to raise new tempests at Land, had he landed some men in Kent or Essex, to gather up the malcontents there but newly scattered & broken, & ready to adhere to any Party to defend themselves from the fury and rapines of their Committee; Warwick but a freshwater Admiral, lying in the Thames under protection of the Blockhouses, and relying upon Land-Souldiers to awe the Mariners from mutinying; a cloud arising in Ireland ready to break into a storm: upon these considerations, the Cabal or close junto of Grandees thought fit to dally on the Treaty, the better to keep the Prince quiet, in expectation thereof, and gain time to work upon his Seamen, (already corrupted with want of work and pay) and to gull and pacify the rest of the Members and people (not patiented of a sharper remedy) until Oliver had puite finished his Northern work, and marched nearer Londen, Colchester reduced, and the Prince's Fleet retired to Harbour to avoid Winter; and then to break off the Treaty, and purge the House of those Members that sought peace by an accord with the King, under the notion of the King's corrupt Party; to blind their eyes therefore, the Speaker Lenthall (though at this time the Foreman of oliver's shop) when it was debated in the House, Whether a Treaty should be had with the King in the Isle of Wight upon the Propositions of Hampton-Court? The Question much opposed, and at last put, the noah's and the Yea were equal, 57 to 57 in so much that the Speakers voice was put in to turn the scales; he gave his voice in the affirmative, that time following his conscience against his Interest, and my Lord Say (openly in the House of Lords) said, God forbidden that any man should take advantage of this Victory to break off the Treaty: and the Armies-Scout, from Tuesday Novemb. 14. to Novemb. 21. 1648. propounds three Riddles to the Reader, 1. Why the Grandees of the junto that use to rule the Army are the most active Solicitors for an Agreement of the Parliament with His Majesty when then the Army are Acting to the contrary? 2. Why His Majesty, stumbles only at the matters wherein the Presbyterian Interest are concerned, when that Faction is the only visible prop to His life, Crown, Dignity, and dying interest? 3. Why the Soldier's Petitions for justice upon His Majesty were ill resented, and they thought worthy to be Tried by a Council of War, as Offenders, yet a Remonstrance was then framing by the Grandee Officers to the same purpose, and much more against the present Authority? and in this the General concurres. 6. New Instructions to Hammond in order to the Teaty, sect. 132. The next thing taken into consideration in relation to the Treaty, was, the giving new Instructions to Hammond the Head-Goaler, how to demean himself in the Treaty; which had formerly been Voted to be in the Isle of Wight, with honour, freedom, and safety to His Majesty: The Instructions were, 1. That the King shouly enjoy the same liberty during this Treaty that He had at Hampton-Court. 2. That no person excepted out of mercy, none now Imprisoned by the Parliament, nor none now in actual Arms against the Parliament should be admitted to come to the King 3. That no foreign Agent should make any Address to Him without leave of both Houses. Against these Instructions it was argued, That some of them contradicted the former Votes, That the King should Treat in Honour and Freedom, and that He should enjoy the same Liberty He had at Hampton-Court, which could not be so long as He was denied to correspond with other Princes His Allies (with whom He Was in league and amity) by their Ambassadors and Agents, a Royalty inseparable from the Crown, allowed Him at Hampton-Court, and to deny it was implicitly to dethrone Him. To which was answered, That this was true of a King in actual exercise of his Regal power, which this King neither is, nor aught to be until He hath given satisfaction to His Parliament: That it was agreat condescension in them, and below the Dignity of a Parliament to recall their Votes of Non Address, and put the business of the Treaty thus forward; and if He would not accept of a Treaty upon such conditions as the Parliament thought fit, than things would be but where thy were. The peaceable moderate Party perceiving what operattion the Schotish Victory had already upon the fancies of those Men, Known they must speak mannerly and modestly for fear of correctson, and must take what they could, since they could not have what they would. 4. That the King should give His Royal word not to remove out of the Island during the Treaty, nor in 20. 7. The Earl of Warwick's Letter to Derby-ho: complaining of his Seamen. days after, without consent of the two Houses: this was to make his chains a link or two longer, yet the King did give His Royal word accordingly. Thursday, Aug. 24. a Letter came to the Committee of Safety at Derby-house from the Earl of Warwick, complaining of the perverseness of his own Seamen, and that those with the Prince would not yet stoop to the Gods of Gold, (his own words) That some other way must be thought of besides force to undermine the Prince, that since they had subdued their Enemies by Land, it would be a good preparative to work upon their Enemies by Sea with the same Engine. You see these Saints having gotten the public Purse into their hands, are (at the people's costs and charges) bountiful Corrupters of other men's faith, having none of their own. About this time a new kind of picklock was invented to open the iron Chests and Counter Board's of the City; 8. A Committee to make effectual the Sale of Bishops-Lands; and cajole the City. and invite them to throw more money after that they had cast away already in purchase of Bishop's Lands; namely, a Committee to consider of a way to secure unto the Purchasers the Money they had already disbursed upon the said Lands; and to remove all impediments in the Sale for time to come. To which Col. Harvey said, That he had experience in the late defection of the City; that the Men most backward in the Parliaments service, were such of the Presbyterians as had no engagement upon Bishop's Lands; whereas others of the same Party that have interest in the same Lands, are as forward as any the best affected. Here you see what it is that chains the affections of the Cite to this Parliament, and what it is that divides them amongst themselves; self-respects makes them run along blind fold with the Grandees in any design or faction. A good bargain makes a bad Man; Harvey needs no other precedent but himself, nor no more visible monument than his exceeding cheap bargain of Fulham-house and Manor, which hath changed him from a furious Presbyter, to a Bedlam Independent. About this time it was Ordered, 9 A Commission into the North to inquire what damages they have sustained by the Scotish Invasion. That Commissions should be issued forth into the Northern Counties, to inquire what Damages they have any ways sustained by Hamilton's Invasion? This device was of a twofold use, 1. To cut off the Scots demands for Money due to them for their last Brotherly assistance, and otherwise. 2. To cajole the poor Country into a belief they shall have reparations against the Scots, and raise them into a clamorous complaint against the Scots; and at last a deadly seude when they shall find their hopes denied by them and disappointed. In the mean time they are patiently eaten up with Taxes and Freequarter, and while they look for what they shall never have, they lose what they have already; This was the much applauded invention of Master St. john's of Lincolns-Inne. 10. Colchester surrendered, with the sequel thereof. About this time the news of the Surrender of Colchester inflamed the antimonarchical faction from a Fever to a frantic Calenture. They yielded to mercy, and within 4 hours after Sir Charles Lucas and Sir George Lisle (for the better explanation what Independent mercy is) were shot to death; some attribute it to an old quarrel between him and General Fairfax, others think it was done to put an affront upon the King and the Treaty: Colonel Fare was likewise condemned by the Council of War at the same time, but is reprieved as a witness against the Earl of Warwick when time serves; for when Warwick long since waited at the Commons Door with some Ladies to petition for a Reprieve for the Earl of Holland, a Soldier of the Guard insolently told him, He had more need petition for himself. 11. Instructions for the Commissioners to Treat with his Majesty. Instructions for the Commissioners to Treat with the King were Debated: The Independents propounded, that those Propositions that were most advantageous to the Parliament should be first debated, and if the King did not confirm them all, the Treaty to break off: But it was held unreasonable in any Treaty, that one Party should bind himself before the Conclusion, and leave the other at large, and himself in the lurch; so it was Ordered, They should be Treated of in order as they lay, and (according to His Majesty's desire) nothing binding to either Party until all was agreed of. The next stumbling block cast in the way was, that seeing 40 days only were allowed for to Treat, that thy should limit how many days (and no more) should be spent in Treating upon every several Proposition: But this was looked upon as a cavil to make void the Treaty, and so overruled; you see what use these men that gain by War make of their Victories. 12. A Debate what Gentleman: should be allowed to attend his Majesty in the Treaty. The next thing debated was, the List of such Gentlemen as were named to attend the King in this Treaty: The moderate Party excepted against Ashburnham (a great man with Cromwell) and Leg, as being Prisoner to the Parliament: The Independents excepted Dr. Shelden, Hammond and Oldsworth, for the same reason; but the next day the Speaker moved, that Leg and Ashburnham might go to the King; and to satisfy such as had objected their Imprisonment against them, the Independents alleged they were unduly imprisoned, and moved, a Committee might be appointed to examine the cause of their Restraint: but the moderate alleging the same reason for the said three Doctors, and making the same motion for them, there was no farther proceed therein. Thus fare I have briefly set down the Preparations towards a Treaty; 13. Master pryn's Speech in the House; proving the King's concessions to be a ground for a setlement. the Treaty itself between the King in the Isle of Wight, and the Parliaments Commissioners; their Reports of the Results to the Houses; and the Houses Debates and Votes upon them took up almost all the time until the 6. December, 1648. (some few businesses of no great moment intervening) many imperfect and partial Relations of them have been printed cum Privilegio; but Mr. Will Pryn in his excellent Speech made in the House of Commons, 4. Decemb. 1648, and since printed, hath set down all the most material Arguments on both sides, with great candour and ingenuity, and hath confuted the Enemies to Peace and Accommodation: if strength of Reason can confute those men that follow only their own Interests of power and profit, whose wills and lusts have alvaies been their own laws, and are now become the only Laws of this Conquered Kingdom; I love not actum agire, I refer my Reader therefore to his Speech, and will only trouble him with some Observations upon this Treaty. I have said something of the Militia, 14. The Militia, and Negative Voice. sect. 62, 63, 64, 106 and the Conclusions. 15, 16, 17. and the King's Negative Voice, in the 1. part of this History, especially in the Conclusions at the latter end; I will only say that without them the King cannot be a Governing King, but a bare Titular King, a picture, a shadow, because the protection of the People depens upon the power of the Sword; He cannot protect them and their Laws with the Scabbard: The Authority of the Sceptre follows the power of the Sword; wherefore to give away one, is to lose both; nor can the Subjects be any longer His Majesty's Subjects, but Salves to their fellow Subjects, when so many petty Kings (not authorized by any la of God or Man to protect the People) shall hold the Sword over their Heads, and distract them with different Opinions, disagree in Commands, according to the variety of their several lusts, factions, and interests: how can the King according to his Coronation Oath and duty (to which God hath called him) Govern and protect his People, 1. part. sect. 40, 41, 42. when he hath given away his Sword to a factious Parliament where one Party tyrannizeth over the other, and threatens the other with the longest Sword? how absurd and impossible it is for the Subject to expect protection from one hand, and to swear and pay Alleigannce to another hand that hath divested itself of all power to protect them; let our Laws, the practice of all Nations and times, and the judgement of the learnedst Politicians tell you, whose Maxim is, Illa optima est Respublica ubi Princeps quàm maximum potest boni, & quàm minimum mali; Primò ne nova Tributo indicere, nova vectigalia constituere possit, inconsultâ Republicâ: Deinde legum condendarum anti quandarumque poenes Rempublicam, non unum aliquem Magistratum esse debet potestas; nulla enim in re gravius peccatum admittitur, nusquam graviores turbae minantur quàm hisce de rebus; That is the best form of Gouvernment, where the King can do most good, and least evil: 1. Let Him be disabled to raise new Taxes, & lay on new Tribute. 2. Let Him not have the sole power to make or repeal Laws, which ought to belong to the Commonwealth; not any one Magistrate; for no power is more hurtful to the People, nor stirs more Commotions them these two: such is the Kingdom of England; the King hath neither the power of our purses, nor the changing of our Laws in His hands, and if he give away his Sword, he will be such a King of clouts as can do neither good nor evil, like Rex Sacrificulis at Rome, ea summa potestas dicitur, quâ secundam Leges non est major neque par; such was the Dictattor at Rome, he had no equal there; Papyp: cursor dictator, ad judged to death his General of the Horse Fabius, for fight against his command though prosperously; and rejected all appeal to the Senate and Tribunes of the People; yielding at last only to their prayers, with this saying, Vicit tandem imperii majestas: such is the King of England, the Commonwealth cannot compel him to grant a Pardon, or dispense justice or mercy as they please; the Oath of Supremacy calls Him Supreme Governor in all Causes, over all Persons; so do all our Statutes, to whom in Parliament (which is his highest sphere of majesty) i the last appeal by Writ of Error, who is, Principium, caput & finis Parliamenti, the beginning, head and end of the Parliament: and therefore he only calls the Parliament, to advise with him, and dissolves it when he is satisfied: He makes War & Peace, See the 1. part of this History, Prolegomena, 1. and is Protector of the Laws, and of all just Interests; only the policy of the Law disables him to make, repeal, or alter Laws, or raise moneys without consent of both Houses by Bill passed; (which is but an Embryo until he quickens it by his Royal Assent) because this way the King may do most hurt, and wrong to his people, (as I have already said) it being the wisdom of our Laws to keep the Sword in one hand, and the purse in another. The 1. proemial Proposition for justifying the Parliaments Cause and Quarrel, and condemning His own Cause and Party, 15. The 1. Proposition for justifying the Parliaments, and condemning His own quarrel was a bitter pill; but an earnest desire of peace sweetened it, and guilded it over, and invited him to swallow it without chawing or ruminating upon it: but how devilish, unchristian, and illegal a use the Faction have made of this extorted confession, let God judge. Their insisting upon it, that the King should take the Convenant, 16. The Covenant endeavoured to be put upon the King. was an error in Policy, whereof the rigid Presbyterians are guilty; they (supposing the King would take it at last) stood upon it, and intended thereby to join the King to their Int rest and Party. The more subtle Independent known the King would not, nor could not take it; and therefore complied with the Presbyterians in obtruding it upon him, to break off the Treaty: many things in the Covenant were vain in the Person of His Majesty, as, that He should swear to maintain His own Person, etc. which the la of nature binds him to without an Oath, which in this case is idle, and a profaning of God's name: some things in the Oath were contradictory to what the Parliaments Propositions desired of him, as, to maintain His own Authority in defence of Religion, Laws, and Liberties, which was impossible for Him to do unless he kept the Militia in his own hands, and his Negative Voice also, which that clause in the Bill of Militia, That all Bills for levying Forces should have the power of Acts of Parliament, without the Royal Assent, etc. would have deprived him of, by making their Ordinances Acts of Parliament in effect, binding to the Persons and Estates of the People in an Arbitrary way, to their utter enslaving: To swear to Abolish Bishops, etc. was against his Coronation Oath, To swear to extirpate Heresies, Schisms, etc. is more than the Independents would permit; To swear to maintain the Union between the two Nations, which the Parliament declare already to be broken by the Scots Invasion, is vain: besides, how unjust a thing was it to impose that Oath upon the King, when most Members of the Parliament, Army, and others, are left at large not to take it? The Parliaments Demands, That the King should declare against the marquis of Ormonds' proceed to unite all the Interests of Ireland for the service of his Majesty, was no part of the Propositions upon which the Treaty was begun, but a subsequent request upon an emergent occasion; and therefore I see no reason why the King should have given any Answer to it, but only have held himself to the original Propositions, yet he did Answer, That the whole business of Ireland was included in the Treaty, and therefore a happy Agreement thereupon would set an end to all differences there, which being voted unsatisfactory, and moved that a new Declaration might be published against him; the King was enforced to put a stand to the Marquis' proceed by his Letter, to his great prejudice; yet these Declarers against him do now comply with Owen Roe Oneale, and have entertained O Realy, the Pope's Irish-Vicar-generall in England, to negotiate for the Irish massacring Rebels with the Parliament: These things considered, prove what I find in our late King Charles the 1. most excellent Book, Chap. 18. That it is a Maxim to those that are Enemies to peace, to ask something which in Reason and Honour must be denied; that they might have some colour to refuse all the rest that is granted. More observations upon this unlucky Treaty I will not trouble my Reader with, these being enough to show the vanity of those Propositions; by these he may take a scantling of the rest, ex pede Herculem. I cannot but blame the indiscretion, if not the indisposition of those Commissioners who cavilled away so much time in the Treaty, 17. jones complains by Letters that Ireland was like to be lost. until Cromwell had done his work in the North, and marched up to Town to make the Treaty ineffectual. About the latter end of Octob. 1648. Col. jones sent whining Letters from Dublin, to the Steers-men at Darby-house; complaining that all Ireland was like to unite and prosecute the King's Interest, and therefore he cried for help; but neither the said Committee, in their consultations, nor the Army in execution of what was resolved could agree amongst themselves: the Engrossers and Monopolizers of Olygarchy into a few hands, desiring to make themselves a corporation of Tyrants, suspect an opposition from the Levellers; and would feign turn them out of the Kingdom, into Ireland, to seek their fortunes, and practise their Levelling Principles in a strange Land: The Levellers (more numerous in the Army, though less numerous in the said Committee) strain courtesy with their Betters, and would have them go first, thinking the seeds of liberty and equality will prosper better in the soil and air of England; While they were disputing, if marquis Ormond had been acting (as he had been, had not the King been necessitated to retard him, by his said Letters, sent from the Isle of Wight during the Treaty) the King had recovered that Kingdom entirely to himself, which had been of great advantage to him. The 20. Novemb. 1648. Col. Ewers, 18. The Remonst. of the Army to he House of Commons, Nou. 20, 1648. with seven or eight Officers more, presented at the House of Commons Bar a thing called (by those that use to miscall things) An humble Remonstrance of the Army: it is founded upon these five anarchical Principles. 1. That themselves and their faction only (whom they call exclusively, the Well-affected; Godly, Honest Party, the Saints) are the People of England; all the rest but Philistines, Amorites, or (at the best) but Gibeonites. 2. That their Interest only is the public Interest of the People. 3. That thè People (that is, themselves) are the only competent judges of the People's safety (contrary to the Laws and practice of all Nations, which bestow that prerogative only upon the Supreme Magistrate) but it may be here lies hid another subsequent principle, That they are the Supreme Magistrate, armed with Supreme Authority, as well as with their Swords; and hereupon, they as good as tell the House, That if their supposed dangers be not removed, and those remedies which they Remonstrate admitted, they shall make such appeal to God (that is, their Sword) as formerly they have done. 4. Principle is consequential to the 3. That they may drive on their Design (upon pretence of necessity, self-preservation, honest intentions, providence, or revelation) against all Powers, Forms of Government, and Laws what soever, under colour of that much abused Maxim, Salus Populi Supremae Lex esto, the safety of the People is the Supreme Law; which hath been the fruitful Mother of many Rebellions in all Ages, to serve the corrupt ends of ambitious Persons; who usually fish in troubled waters to attain to those ends which they could never arrive at in settled Governments. This is a Principle, or new light discovered by Mayor Huntingdon, That it is lawful to pass through any forms of Government, for accomplishment of their ends, and therefore either to purge the Houses and support the remaining Party by power everlastingly, or put a period to them by force: and themselves imply as much in this Remonstrance, p. 45 saying, It cannot be safe to accommodtae with the King, because if He return, and this Parliament continue long and unlimited, He will make a Party amongst them; He hath bid fair for it among the Commons already, and the Lords are his own out of Question; and therefore we dare not trust the King amongst them. Again they say, That if the King come in to the Parliament, He will be looked upon as the Repairer of breaches, Restorer of trade, peace, plenty, etc. and if the Army should keep up (as it must) upon Taxes, the Houses and Army will be looked upon as Oppressers; and the jealousies and discontents of the People be increased against them, and make them apt to join issue with the King's interest, and may yield us up a sacrifice to appease the King and his Party; out of these words, and their own practice, I conclude for them, ergo, They may carry on their design upon necessity for self-preservation, against the Monarchical Government, and Law of the Land, to murder the KING, as they have since done. Again they say, If the King were returned, each Party would strive first, and most to comply with Him, ergo, there is a necessity to subvert the Kingdom and murder the KING. Behold what use these cowardly Saints make of necessity, and self-preservation. 5. That they may appeal to their Sword against the Authority of any their Governors, in order to public safety; which two last conclusions set the door wide open to Faction and Rebellion; since the People are ever floating and given to change, and every turbulent ambitious Fellow, is apt to raise them into a storm against their Governors, for their fabulous assertions wherewith these Saints usually gild over their foul actions, 1. That the Houses were free when they passed the 4. Votes for Non-Addresses. 2. That they were not free when they recalled them. 3. That the People were quiet and contented until the recalling those 4. Votes; and afterwards were untsetled, and presented clamorous Petitions. 4. That the Army did not apply themselves to the King until he proffered Himself to them. 5. That when they made Addresses to Him, it was but to prevent the Presbyterian Party. But it appears, their aim (from the beginning) was to suppress the Presbyterian, and advance their own Party, and lay by the King, and domineer over Him and the Kingdom; for when Cromwell had brought his Design to perfection, he said at Kingston, That he was as fit to rule the Kingdom as Hollis. 6. And then but hypocritically. Sect. 65, 66, 68, 69, 70, 71, 72, 73, 74, 75, 88, 89, 97, 98. All these are sufficiently confuted in my said Animadversions, and in the said Plea for the King and Kingdom, in Putny Projects, and in my First part of the History of Independency. After all this tedious stuff aforesaid, they make Propositions to the Parliament of two sorts, all founded upon the said live antimonarchical Principles; The first for satisfying public justice, (that is, for the Hang man to teach the judges who they shall Sentence to execution) 1. They demand, the Person of the King may be brought to speedy justice; this affront they put upon the Parliament when they were near conclusion of their Treaty with Him: when He had already granted more to his Subjects than ever any King condescended to: The King's Supremacy; and from thence his indemnity proved. this is through the sides of the King to give Monarchy, the fundamental Government, and Laws of this Land, and consequently the Liberty and Property of the People, their Deaths-wond. By the la of God, nature, reason, and the Laws of all Kingdom's impunity is an inseparable prerogative of Kings, as they are Supreme in their Dominions; See the Oaths of Allegiance, Supremacy. Stat of Recognition, 1 jac. Coke Institut. 5.1. Stamford's Pleas of the Crown, l. 1 ch. 1, 2, Stat. 25. Edw. 3, 42. E. 3. Read Mr. pryn's Memento to the unparliamentary junto, his Speech in the House of Commons, 4. Dec: p. 72, 73, 74. 75, 76, 77. and my 1. part, sect. 106. The Conclusions; sect. 17. and my Animadversions, p. 18. the Petition of Right, 3. Caroli, Declares, That they had no power to hurt the King's Prerogative, much less (I think) to hurt his Person; the Laws, are the King's Laws; Courts the King's Courts; judges his judges; Great Seal, his Seal; the Writs, the King's Writs; the justice and Peace of the Land are his, consequently the Wars his Wars; he is the fountain of all Authority as well as of all Honour; Thou shalt not speak ill of the Governor of the People: therefore not accuse him. The King hath no Superior nor equal in England, contrary to that false distinction of the Observator, that he is, Major singulis, minor universis. When David would have gone forth to Battle, his Army dissuaded it, using these reasons, If we flee they will not care for us, neither if half of us die, will they care for us; But thou art worth ten thousand of us: here you see the King is reckoned, major universis, more than all his Army; and yet that Army was (at that time) in effect, all the well-affected of the Land; and therefore (by the anarchical Principle aforesaid) the only people of the Land; for further proof hereof I appeal to all our Laws and Statutes, how will they Try him? who shall judge him? who are his Peers, that he may be Legally Tried like a Freeborn man (for sure they cannot deny him that right) according to Magna Charta, per legale iudicium parium suorum? It is a grounded Maxim in our Laws, The King can do no wrong; wherefore then will they Try Him, for doing no wrong? The policy and civility therefore of our Laws, (and of our Parliament too, in all their Declarations, Remonstrances, so long as they continued (in any state or degree of innocency) always accused his Evil Counselors and Ministers, and freed Himself, lest they gave advantages to ambitious men, Absolon-like, to scandalise and dishonour him, and render him low and vild in the eyes of the People; to the disturbance of the peace of the King and Kingdoms, and shaking of the Royal Throne which is always accompanied with an earthquake of the whole Land. * 1. Pet. 2.13. Here the King is called Supreme, not the People; and though said to be an ordinance of man in some respects, yet S. Paul, Rom 13. saith, He is ordained of God: 2. Governors are distinguished, the King is Supreme, and Governors are sent by him, & his Commission. Besides it appears, Gen. 3.16. & 4.7. God gave not to all men that freedom which is supposed the foundation of supremacy, in the people▪ He made them not masters of their own liberty, for even then he laid the foundations of obedience in Abel to Cain: Eve to Adam If a people choose a King, it is the act of every particular man, of whom the Commonalty consists; and each individual, nor the whole Commonalty can give him more power than himself hath. But no man hath power over his own life, neither arbitrarily, nor judicially; but only over his liberty, which he may so give away, as to make himself a subject, or a slave, this makes him so chosen a Ruler▪ or Protector of them, who have parted with their liberty, and subjected to him; and than God, (who only hath power of life & death) invests the King with power to be the Minister of God, to execute vengeance, not bearing the Sword in vain, Rom, 13. See Dr. Hammonds Letter to the L. Fairfax, jan. 5. 1648. Saint Peter bids us, Submit to every ordinance of man for the Lords sake, whether it be to the King as supreme, or unto Governors, as those that are sent by him. As free, and not using your liberty for a cloak of maliciousness, but Fear God, Honour the King: But these rebellious Saints abusing Christian liberty for a cloak of maliciousness, will (according to their 4th antimonarchical Principle) make the giddy, ignorant, tumultuous, many-headed multitude judges of their King, and make the confused Rabble his Superiors, thereby setting up two Superiors one contradictory to the other, and so turn the Kingly Government into a popular Military Government, abolish our Laws, and leave all to the power of the Sword in an Arbitrary way, to carry on their design: to which purpose they have lately caused their journeymen, the present House of Commons, to Vote, (contrary to our known Laws) That the Supreme Authority of this Nation is in the People of England, and therefore in themselves as their Representative. This is a 6. anarchical Principle of the Army and their Party, who wanting reason to prove it, assert it by the Authority of their Mock-Parliament, and must now make it good by the Sword to justify their proceed against the King and People. These popular principles are mere empty notions, whereby the Grandees draw the Supreme Authority thorough the People to themselves, the better to enslave them; for the liberty of the Commons doth not consist in a licentiousness to interrupt the Government of their Superiors, and change the Government according to their fancies; but the liberty of the People consists in enjoying the fruits of their labours, their goods, possessions, estates, and their personal liberty, according to the known Laws of the Land. When Harry Martin in Berksh: forbade the People to stand bare at the Sessions, and do homage and fealty to their Lords; he gulled them, and gave them that which was not their due, to rob them of that which was their due; their Horses, Goods, Money, plundered from them, for service of the State (forsooth) and beat them that defended their own; so that while he flattered them to be the supreme Authority and Lords Paramount, and the Parliament to be their Servants; he used them like Slaves conquered by the Parliament. Besides, it is not all the People, nor the thousandth part of them, but a few covetous, ambitious men, that desire to bring the King to capital punishment, and subvert our fundamental Government and Laws, that have usurped the power of the Kingdom into the hands of their Faction, and now require this to keep themselves from being called to account. The second demand tends to Disinherit his Posterity, viz. That the Prince and Duke of York come in by a day appointed, and acquit themselves of their capital Delinquency, or else to be Declared incapable of Government, and to die without mercy, if afterwards found in the Kingdom; this Summons is but to insinuate their guilt; if they refuse to appear, as reason tells us they must and will. This is to shut the door after Monarchy, and keep it out for ever; in farther pursuance, they demand the Revenue of the Crown to continue still in Hucksters hands to pay public Debts, and repair the Losses of the People, (that is) themselves: The second sort of Propositions are, for settling of the Kingdom upon their own Grounds and Interest, That a certain period be set to this Parliament, by which time the Supreme trust in them may return unto the People: that is, still to themselves and their Faction, the new erected Committee of State, the hogen mogens at . Thus you see having removed out of the way the King, the first and most visible legal Authority; they will now put down the Parliament, the second visible Authority of England, who are now the only Bulwark against the Tyranny of the Sword, and then (as Major White said at Putney long since) there will be no visible Authority left in England but the power of the Sword, which will introduce a new Parliament, or rather fantastical new invented Representative (destructive to Parliaments) all of their own Creatures; as appears by their next Proposition, concerning succession of Parliaments. 2. That none shall be capable of Electing, This is so exdlained by the Moderate (one of the raling Pen men of the faction who hath a large share in the 500 or 600 l. a year allowed to these Pamphletiers, for divulging State lies and slanders amongst the People) who from Novemb. 14. to Novemb. 21. 1648.) Number 19) defineth the People of England to be only such as have not engaged for the King; and such as shall sign to the Agreement of the People, which is to be above Law; and all the rest are to be Disfranchised. or being Elected, that have engaged against the public Interest, (that is, the Interest of them and their Party, as appears by their 5. anarchical Principles in the beginning of this Paragraph) nor any that oppose this Agreement: By what Authority (but the arbitrary sway of the Sword) shall Freemen be Disfranchised, and lose their Birthrights for not changing the fundamentals of Parliaments, Government, and Law, and yielding them up to the lusts of an Army of Rebels, that brag they have Conquered the Kingdom, and we are their Slaves? 3, That Elections may be so distributed, as to render the House of Commons a Representtative of the whole People, (that is, tag and rag and Canting Beggars, who have nothing to give or lose, as well as Freeholders') so farewell Writs of Summons, and all orderly, legal forms; if all men, without any distinction, may Elect, and be Elected, all will fall into confusion; the Rabble will never agree, all things will tend to Riots and Tumults; so that the better and soberer sort will, and must forbear, and leave all in the hands of the Rascality, and at last no Representative will be chosen, or such an one as the People will be ashamed to own, and will desert them, and leave them to be ordered at the pleasure of the Army. 4. Prop. That our Kings hereafter may be Elective, and disclaim a Negative Voice: how frequent Civil Wars are in all Elective Kingdoms during the interregnum, or space between the death of the old, and choice of the new King, how obnoxious to the Soldiery, let the old Emperors of Rome, those later of Germany, the Kingdom of Poland heretofore Bohemia and Hungary tell, all Histories are full of examples; yet if our Elective Kings shall have neither the Militia, nor a Negative Voice in Counsels, and the Crown Revenues be otherwise disposed of (as is inferred) and their Heads exposed to the humours ol the People, or their Representative, the Office will be so unworthy of any wise man, that I do by these presents freely give my voice to the Lord Fairfax, and so unfit for any honest Gentleman; that I do hereby give my voice to Cromwell the perfidious Brewer; catch who catch can, let them agree amongst themselves, I care not which of the two shall be set up for the new States Scarecrow. This Remonstrance was about a Week after seconded with a most insolent threatening Declaration, composed altogether to terror; it was occasioned as followeth. About the latter end of November, the Parliament was informed the Army was upon their march to London, whereupon (not without great opposition by the Army's Party in the House, and with great caution it should be mannerly phrased for fear of angering his insolency) a Letter was Voted to be sent the General, forbidding his nearer approach. In comtempt where of the Army immediately printed the said Declaration, accusing the Parliament of Breach of Trust, Lightness, Inconstancy, Indiscretion, saying, They would appeal from them to the People (that is, still themselves; you see they hold one and the same Rod over King and Parliament) and threatening to advance presently to Westminster, to do what God should enable them unto: The same night they came to Hide Park corner, and kept Guards there: Hereupon it was put to the Question, That the Armies approach was prejudicial to the freedom of Parliament? but through the cowardice of some, whose hearts now began to melt, and the impudent restless bawling of those cheating Saints, that comply with the Army to keep themselves from giving Accounts, it passed in the Negative. 19 The King's Concessions debated; and young S. Hen: Vanes insolency. Decemb. 2. The King's Answer was debated; and as a prologue to it, young Sir Henry Vane (a Whelp of the old Cur) spoke thus, Mr. Speaker, By this Debate we shall know who are our Friends, and who are our Foes; or to speak more plainly, We shall discover who are the King's Party in the House, and who the People's: To which was Answered, That since this Gentleman was so bold, to deal thus by way of prevention, in a threatening manner; and had forejudged and divided the House into two parts: I hope it is as lawful for me (who am no Grandee, nor no Gainer by our troubles) to put you in mind of another Division of the House. Sir, you will find some desirous of peace, and they are Losers by the War; Others are against peace, and those are Gainers by the War: My humble motion is, that the Gainers may contribute to the Losers, that we may all stand upon equal feet; for, till then, the Balance of the Commonwealth will never stand right towards a Setlement. True jests by't sore. He and his Sire oppose peace: lest the King's Revenue being restored, they should lose a good Trade there: the old Dog is Chairman of that Committee; the young one is a principal Publican or Treasurer; they get constantly above 6000 l. per annum, between them; besides private cheats by paying half Debts, and taking Acquittances for the whole; and then discounting for the whole; buying in old sleeping Pensions for trifles, that have not been paid in many years, and paying themselves all Arrears, Cornelius Holland is Servant to them both, and hath gotten as much wealth as makes him saucy enough to hire William Lily, and other Pamphletiers to derive his Pedigree from john Holland Duke of Exeter, although it be known he was originally a Linkboy, but he is now one of the New Lights, an illuminated Brother. Master Pryn moved the debate of the Kings Answer might be laid aside until it was a free Parliament not environed by the Army: but (said M. Rich: Norton) Take heed what you say against the Army, for they are resolved to have a free Parliament to Debate the King's Answer, if we refuse. This day the General took possession of White Hall for his Quarters, 20. The General Garrisons Whitehall & the Mews upon his own head. as if he meant to keep out the King in defiance of the Treaty: he brought to Town with him four Foot Regiments, and six Regiments of Horse; part whereof quartered at White-hall, the rest in Torke House, and other great Houses; the Horse turned the Reformado Horse Guards that attended the Houses, and lodged in the Mews by their order, out of their Quarters, without applying themselves to the Houses. Upon Monday, Decemb. 4. 21. The House informed that the King was surprised by the Army, and carried Prisoner to Hurst Castle. News came to the House that by several Orders from the General, His Majesty was seized in His Bedchamber, and hurried away Prisoner to Hurst Castle, a Block-house out of the Isle of Wight, standing about a mile and half in the Sea, upon a Beache full of mud, and stinking oaze upon low tides; having no fresh water within two or three miles of it, bitter cold, and of a foggy and pestilent air, so noisome that the Guards thereof are not able to endure it long without shifting their Quarter. This was a torment beyond Pistol and Poison, many spoke against the insolency of this fact, as being committed against the life of the King, and against the honour and public faith of the Parliament, who had Voted, He should Treat in Honour, Freedom and Safety, in Newport in the Isle of Wight; and had accepted His Royal Word not to withdraw out of the Island during the Treaty, nor in 20. days after; (which were not yet expired) and now to have the Houses debates & results forestalled, and the Treaty made frustrate by such an act of violence and prevention committed upon the Person of the King, was a presumptuous and rebellious act: It was moved therefore that it might be Declared, That his Majesty was removed out of the Isle of Wight by his Excellency's Warrant, without the consent or privity of the House: But those Members that Idolise that Bell and the Dragon, the Army, and are but Priests fatting themselves upon the Sacrifices of that Image; insisted upon it to have two words amended in the Question, 1. The word [Declare] would be construed to be a Declaring against the General and Army: 2. The word [Consent] to be left out, lest it argued a disagreement in opinion and practice between the Army and the House, as if the House dissented from it. And certainly those Gentlemen that stood upon these niceties, could not say, it was done with their consent, for it was hatched in the junto; so it was barely voted, To be done without privity of the House, nevertheless. 22. The Debate upon the King's Answers resumed. The same day, they resolved to resume their last Saturdays debate upon the King's Answers to the Propositions of both Houses; The first Question debated was, Whether they were satisfactory or no? The Army Party argued, They were not satisfactory, because the King had not granted all their Propositions in Terminis: To this was Answered, That these Propositions were not sent to His Majesty as Bills to be passed in Terminis, without debate; but as Propositions to be personlly Treated upon, (as the Votes of both Houses, and the Instructions of their Gommissioners prove) now it is against the nature of all Treaties Personal, to tie up the Parties of either side so precisely, that they shall have no liberty to vary in any circumstance or particular; so that if all be not precisely granted, the Condescensions shall not be satisfactory, though all just things are yielded to; as appears by all Treaties between Nation and Nation where their first demands are never fully granted, but always qualified and limited, if not diminished; the rule being, Iniquum petas ut justum feras; so in all Treaties between Enemies, Party and Party; see Mr. Pryn's said Speech, Decemb. 4. 1648. where to avoid cavils, he waves this equivocal Question, and propunds the Question anew in these terms, Whether the King's final Answers to the Propositions of both Houses in this Treaty, considered all together, be not so full and satisfactory in themselves, that this House may, and ought accept of, and proceed upon them for the speedy setlement of a safe and well-grounded Peace both in Church and Cowmon-wealth, rather than reject them as unsatis; factory, an● so hazard the loss of all, and the perpetuating of our Wars and miseries? This he held in the Affirmative, with so many strong and solid Reasons, Arguments, and Precedents both out of Divinity, Law, History, and policy; and with so clear a confutation of the opposite Arguments, that no man took up the Bucklers against him to refute him: the Arguments are too many, and too long to be here repeated. Nor do I love to abridge that which hath little or nothing in it superfluous; or to make that short-lined by epitomizing it (such is the laziness of men to prefer Epitomies before Large works) which I desire should be long-lined, and pass through many hands: This Debate lasted until Tuesday morning, 5. Decemb. eight of the clock (the Independents hoping to tire out and frigh away the moderate men) and then it was Resolved upon the Question (notwithstanding the terrors and menaces of the Army) That the Answers of the King to the Propositions of both Houses, are a ground for the Houses to Proceed upon, for the setlement of the peace of the Kingdom; It was carried Affirmatively by 140 Voices, against 104. that this Question should be put, and the Question itself was carried clearly Affirmative without deviding the House: presently after this House appointed a Committee of 6. Members to attend the General, to confer with him and his Officers, and keep a good correspondency between the House and the Army; who had so much surly pride, and so little manners, as to give them leave to take a nap of three or four hours long (after their Night's watching) before admittance, and at last dismissed them with this churlish Answer, That the way to correspond, was to comply with the Army's Remonstrance: The House adjourned until Wednesday following. Wednesday, Decemb. 6. 1648. 23. The Armies treasonable violence upon the House in securing and secluding their Members. The Saints militant being enraged that the House had recovered so much courage & honesty as to Vote according to their Consciences, and neglect their wild Remonstrance and threatening Declaration, (after some private conference in the morning between Pride, Hewson, & other Officers, and the Speaker in Westminster-hall with the doors shut) they sent to the House of Commons a Paper, requiring that the Impeached Members and M. G. Browne, (who they belied to have called in Hamilton) might be secured & brought to justice; and that the 90. and odd Members who refused to Vote against the late Scotish Engagement, and all that Voted for recalling the 4. Votes for Non-Addresses, and Voted for a Treaty, and concurred in Yesterday Vote, [That the King's Concessions were a Ground for the House to proceed to a Setlement:] may be immediately suspend the House, and that all such faithful Members who are innocent of these Votes would by Protestation acquit themselves from any concurrence in them, that they may be distinguished: This is to subvert the foundation of Parliaments, and appeal to the judgement of the many-headed multitude without doors, and put all into Tumults. You see what kind of Parliament the Kingdom hath had ever since the Army Rebelled and Refused to Disband; a mere Free-school, where Cromwell is Head-school-master, Ireton Usher, and (that cipher) Fairfax a Prepositor; surely these men are either the supreme judges, or the supreme Rebels and Tyrants of the Kingdom: This Paper was delivered in, but they scorning to stay for an Answer, (by advice of their Independent Grandees of the junto) upon Wednesday morning, Decemb. 6. 1648. Sent two or three Regiments of Horse and Foot to Westminster, set strong Guards at the Houses doors, the Lobby stairs, and at every door leading towards the House, admitting none but Parliament men to enter Westminster-hall, where Col. Pride, Col. Hewson, and Hardres waller (sometimes a Cavalier, than a violent Presbyterian, and now a tyrannical Independent) violently seized upon divers Knights and Burgesses upon the Parliament stairs and elsewhere going to the House, and forcibly carried them away Prisoners to the Queen's Court without any warrant shown, or cause assigned; and there set strict Guards upon them, M. Edward Stephens and Col. Birche being in the House of Commons were called forth by feigned Messages sent in by some Officers under other men's Names, and there violently pulled out of the door, though they called to the Speaker to take notice of the force: The House sent the Sergeant of the Mace to command the Imprisoned Members attendance; but the Guards would not let them come. A second time the Sergeant was sent with his Mace upon the same Errand, but Col. Pride in the Lobby would not let him pass: which contempt was entered in the journal Book. Hereupon the House concluded not to proceed in business until their Members were restored; and sent to the General about it: yet afterwards when the Officers had several days secured, secluded, and frighted away more of the Members; and made the House a Conventicle of their own complexion, than the House prevaricated and deserted their Members: About three of the clock afternoon Hugh Peter with a Sword by his side, (but not the sword of Saint Peter) came into the Queen's Court to take a List of the Prisoners Names by order from the General (as he said) where being demanded by what Authority they were Imprisoned? he Answered, By the power of the Sword: Night being come, the Imprisoned Members (41. in number) were conveyed away to a Victualling House called HELL, and there kept all Night without Beds, or any fitting accommodation; when it grew late some of them had offers made them to go upon their parols to their own Lodgings, and to appear the next morning at ; but this was but a juggling trick to make them acknowledge the Lord Fairfax Authority, and become voluntary Prisoners upon their own engagement; and was therefore refused. The next morning being Thursday, the Imprisoned Members had warning given them to meet the General and his Council of War at , whither they were Guarded in Coaches, tired out with watching and fasting: But the mechanic Council took so much state upon them, that after six or seven hours attendance until dark night, and no admittance nor application to them; they were led away from thence on foot with Guards of Musketeers like Thiefs and Rogues, and thorough the kennels like Col. Pride's Dray-horses, to the Swan and Kings-head, two Inns in the Strand, and there distributed under several Sentinels: The Soldiers making a stand with them sometimes half an hour together in the snow and rain until they had put their Guards into a marching posture; and reviling them, See the 2. part of England's Chains discovered; and the Hunting of the Foxes, etc. that they were the men that had cozened the State of their money, and kept back their Pay: Upon which scandalous provocation, some of them Answered, That it was the Committee of the Army, and their own Officers that had cozened them: which some of the Foot-soldiers then acknowledged. Besides the 41. Imprisoned Members, the Officers standing several days with Lists of Names in their hands at the Parliament door, have turned back from the House, and denied entrance unto above 160. other Members, besides 40. or 50. Members who voluntarily withdrew to avoid their violence, all whom they know to be Losers by the War, and therefore desirous of a safe and wel-grounded peace; so that they have made war against the majority of the House, (that is) against the whole House; for, major pars obtinet rationem totius, by all our Laws and Customs, The major part of the House is virtually the whole House; which is Treason by their own Declarations and Remonstrance fare higher than that whereof they accuse the King, and for which they demand justice against Him: and the remaining faction of 40. or 50. engaged Members who now pass unpresidented Acts of Parliament of the House of Commons (as they call them (without the Lords, ought not to sit, Act, nor take upon them the stile of a House under so visible, actual, and horrid a force, both by the Laws of the Land, and their own Ordinance, passed August 20. 1647. To thursdays and void all Orders, Votes, and Acts passed under the Tumult of Apprentices, from july 26. to the 6. August following; and yet the said Tumult ended the said july 26. when it begun. See the said Ordinance herewith printed. The Army (who now acknowledge no power but that of the Sword (as Major White long since foretold at Putney) and whose principle it is, To break the Powers of the Earth to pieces, as William Sedgewicke in his justice upon the Army Remonstrance, saith: And who (as Ioh: Lilburne in his Plea for Common Right, p. 6. saith) have by these extraordinary proceed overturned all the visible supreme Authority of this Nation, now suffer only their own Party of 40. or 50. Members to sit, and do journey work under them, who are Enemies to peace and have got well by fishing in troubled waters, and hope to get better; so that hardly a seventh or eighth part of the Counties, Cities, and Burroughs that ought to have Members sitting, have any body to represent them, and therefore how they shall be bound by the Votes and Acts of this fag end, this Rump of a Parliament with corrupt Maggots in it, I do not see. Friday, Decemb. 8. a Message from the General was brought to Sir Robert Harlow that he might go home to his house, giving his engagement not to oppose the actings and proceed of this present Parliament and Army: The like was offered to divers others: you see hereby what the offence of these Imprisoned Members is, only a fear that they will defend the fundamental Government, the Religion, Laws, and Liberties of the Land, the King's Person and Authority, and the being of Parliaments; against the Tyrannical and Treasonable practices of the Army and their House of Commons. The small remnant of the House of Commons sent sundry times to the General to know why he Imprisoned their Members, 24. Reasons, proving that the remaining faction or junto sitting under the force of the Army, were consenting to the securing & secluding their Members, sect. 134, 135. and humbly to beseech him to set them at liberty if he had nothing against them: But all this was but prevarication and false shows: for, 1. Their base and conditional way of demanding their Liberty [if he had nothing against them] implies an acknowledgement of the General's jurisdiction and conusance over them, and an invitation of him to accuse them. 2. Their sitting and acting under so brutish a force before their Members righted, or the honour of the House vindicated, is a deserting and yielding up of their Membres & honour. 3. Their Voting an approbation of the matter of the General Officers scandalous and juggling Answer to their said Demands concerning the secured and secluded Membres (as afterwards they did) without hearing what the said Members could say for themselves, is clearly a forejudging and betraying them. 4. Their late Votes, That no man shall peruse their journal Book of Orders, etc. without special leave: is purposely done to bar the said Membres who cannot make any perfect Answer in confutation of the Scandals cast upon them by the General Counsels printed Libel against them, without having recourse to the said Book, to see what Votes passed for Ireland, for the 200000 l. and other matters. To say nothing how unusual and unjust it is to keep the Records of the House from the view and knowledge of any man, and yet to expect their obedience to them. 5. Their exceeding strict and severe prohibiting the printing any Books not Licenced, and employing Soldiers to Search all Printing Houses daily, is done in ordre to bar the said accused Members from publishing an Answer in their justification. 6: Their Summoning Mr. Pryn by ordre to appear at the Commons Bar, knowing him to be still a Prisoner to the Army; shows, that the Army and they serve each others turns against them. 7. And Lastly, the Declaration of the present House of Commons, dated jaen. 15. 1648. is nothing but an echo of the said Answer of the General Council, against the said secured and secluded Members. They that are so wickedly industrious to destroy these gentlemen's credits, do this as a preparative to destroy their Persons, and seize upon their Estates, for the maintenance of a new War, (which they foresee their violent courses will bring upon them) and for the farther enriching of themselves, and establishing their Tyranny, which they miscall, The Liberty of the People. This violent purge wrought so strongly upon the House, and brought it to that weakness, that ever since it is eleven or twelve of the clock before they can get forty Members together to make a House, of which number they sometimes fail: one time the Members would have had the Speaker go on upon businesses with a less number than forty; but he knowing all so done to be illegal and void, refused; and yet (to piece up the House) they permit Mr. Blagrave. Mr. Frye, and Humphrey Edwards to sit as Members, notwithstanding their Elections are Voted void by the Committee of Elections: and one day an Officer of the Army having taken some Members going to the House, and secured them in the Tobacco Room, under Guard; The Speaker not being able to muster enough to make a House, was feign to send to the said Officer, to lend him his said Prisoners to make up a Free Parliament: This disgrace put upon the Imprisoned Members is purposely intended as an Invitation to all their Enemies to come in and accuse them; nay, it can be proved that means hath been used to suborn Witnesses against them: besides which, the faction have made a strict inquisition into their lives and conversations, and have hitherto met with nothing. 25. The day after the House purged, in comes Dr. Cromwell & Hen: Martin his Apothecary. Thus the House being throughly purged, the next day in comes the Doctor Oliver Cromwell out of the Country, bringing in under his protection that sanctified Member Henry Martin, who had spent much time in plundering the Country, had often baffled the House, and disobeyed many of their Orders; sufficient to have made an honest man a Malignant liable to Sequestration: But great is the privilege of the Saints. It fortuned that day the case of the secured Members was reported to the House, which Harry interrupting, desired them to take into consideration the deserts of the Lieutenant General: which with all slavish diligence was presently done. And the Speaker moved, that to morrow might be a day of Humaliation to be kept in the House, to humble the Spirits of the Godly, much overleavened with the Scotish Victory. That you may the better understand how fare they mean to be humbled, Hugh Peter the Pulpit-Buffon was one of their Chaplains, who in stead of delivering the Oracles of God, delivered the Oracles of the Council of War to them, talking obscurely of Accommodation and Moderation, and advising them to adjourn till Monday or Tuesday (I think) that the Army might cut out work for these journeymen of theirs; and might work their wills upon the City in the mean time, when no House should be sitting for the Citizens to address their Complaints to; for in the interim they Garrisoned Black Friars, and S. Paul's, reforming it, from the Church of God, to a Den of Thiefs; Stable of Horses, and Brothel of Whores, and Robbed divers Halls in London of vast sums of money by the prerogative royal of the Saints. The 11. day of Decemb. 1648. 26. A Declaration of the secured and secluded Members, against the violence of the Army. the said secured Members published a printed Paper, as followeth: A solemn Protestation of the imprisoned and secluded Members of the Commons House: Against the horrid force and violence of the Officers and Soldiers of the Army, on Wednesday and Thursday last, the 6. & 7. of Decemb. 1648. WE the Knights, Citizens, and Burgesses of the Commons House of Parliament, (above one hundred in number) forcibly seized upon, violently kept out of the House by the Officers and Soldiers of the Army under Thomas Lord Fairfax, coming thither to discharge our duties on Wednesday and Thursday last, being the 6. and 7. of this instant December; do hereby, in our Names, and in the Names of the respective Counties, Cities, and Burroughs for which we serve, and of all the Commons of England, solemnly protest and declare to the whole Kingdom, That this execrable force and open violence upon our Persons, and the whole House of Commons, by the Officers and Army under their command in marching up against their command, and placing strong armed Guards of Horse and Foot upon them, without and against their Order, is the highest and most detestable force and breach of Privilege and Freedom ever offered to any Parliament of England; and that all Acts, Ordinances, Votes and proceed of the said House made since the 6. of Decemb. aforesaid, or hereafter to be made during our restraint and forcible seclusion from the House, and the continuance of the Army's force upon it, are no way obligatori, but void and null to all intents and purposes: And that all Contrivers of, Actors in, and Assistants to this unparalleled force and treasonable armed violence, are open Enemies to, and professed Subverters of the Privileges, Rights, and Freedom of Parliament, and Disturbers of the peace and setlement of the Kingdom; and aught to be proceeded against as such: and that all Members of Parliament and Commoners of England, by their solemn Covenant and duty, under pain of deepest perjury and eternal infamy, are obliged unanimously to oppose and endeavour to their utmost power to bring them to exemplary and condign punishment for this transcendent offence, tending to the dissolution of the present, and subversion of all future Parliaments, and of the fundamental Government and Laws of this Realm. All which we held it our duties to declare and publish to the world, for fear our stupid silence should give any tacit consent or approbation to this most detestable crime, and make us guilty of betraying the Privileges, Freedom, and Honour of this Parliament, to our perpetual reproach, and the prejudice off all succeeding Parliaments. Dated at Westminster, Decemb. 11. 1648. 27. The tame Lords and insolent Commons pass and print a Declaration against the said Declaration. The said solemn Protestation of the secured Members being complained of, was sufficiently barked at in the House of Commons; and the Lords fell a barking at it too for company: and at last (that they might confute it with Authority instead of Reason) both Houses passed this following Declaration against it: The Declaration of the Lords and Commons: Against the first Declaration of the secured and secluded Members. THe Lords and Commons assembled in Parliament, talking into their consideration a printed Paper, entitled [A solemn Protestation of the Imprisoned and secluded Members, etc.] wherein amongst other things, it is Declared, That all Acts, Ordinances, Votes, and proceedings of the House of Commons, made since the 6. of this instant Decemb. or hereafter to be made during their restraint and forcible seclusion from the House, and the continuance of the Army's force upon it, are no way obligatory, but void and null to all intents and purposes: The present visible Government is the Power of the Sword in the hands of Rebels. The fundamental Government of this Kingdom is destroyed by the remaining faction in the Ho. of Commons, by their Acts, For abolishing Kingly-Government, The House of Peers, their putting down Trials by jury of 12 m●n, and setting up illegal High Courts of justice, their usurping the Supreme Authority, their making Treason an Arbitrary crime, their erecting a Council of State, or Hogens mogens, forty Tyrants in lieu of one King, their altering the style of Writs and legal proceed, etc. Sentence given before any person accused or heard to speak for himself. Oh, the brutish understanding of men whose sins and fears have intoxicated their wits! The said Lords and Commons do thereupon judge and declare, the said printed Paper to be false, scandalous, and seditious, and tending to destroy the visible and fundamental Government of this Kingdom: And do therefore order and ordain 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 bear any Office, or have any place of trust or authority in this Kingdom, or to sit as Members of either House of Parliament. And do further order and ordain, That every Member of either House respectively now absent, upon his first coming to sit in that House whereof he is a Member, for the manifestation of his innocency, shall disavow and disclaim 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 journal Books of all State-heresies, as well as their House of all State-Hereticks) voted this Index expurgatorius, which in their own canting language I here present to you. 1. Resolved, etc. That the Vote of this House, jan. 3. 1647. for revoking the Order, Sept. 9 1647. for suspending Commissary Lionel Copley from being a Member of this House; is of dangerous consequence, and tending to the destruction of the justice and peace of the Kingdom; and is hereby repealed. The like for the rest of the impeached Members, mutatis mutandis. 2. Resolved, etc. That the Vote of the House, june 30. 1648. whereby this House did concur with the Lords (for opening of a way to the Treaty with His Majesty for a safe and wel-grounded peace) That the Votes; jan. 3. 1647. forbidding all Addresses to be made to, or from the King, be taken off; was highly dishonourable to the proceed of Parliament, and apparently destructive to the good of the Kingdom, (sure they meant the kingdom of the Saints.) They likewise by four several Votes, revived the said 4. Votes, jan. 3. 1647. for no Addresses, in terminis. 3. Resolved, etc. That the Vote, july 28. 1648. That a Treaty be had in the Isle of Wight 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 Kingdom. Good Boys, they can say their Lessons well, The House adjourned. and apace too, when the Army whips them on; they will shortly have a jubilee of play-days for their pains, 40. or 50. New lights snuffed by the Council of War, can better discover what is dishonourable, and apparently destructive to their own Kingdom, than 340. or 244. could do at other times: If you ask what Debates they had? they could have none: being now 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 King's Grants were a ground for a Setlement; a Touchstone of I Gourdons. See the Order, Dec. 5. 1648. Yet the unanimous recalling those Votes was not thought (by those that think one thing and say another) a sufficient Test all were confidently for them, that voted with them; wherefore godly john Gourdon (a Fellow that spits venom as naturally as a Toad) moved, That a Protestation might suddenly be drawn up, and every Member to set his hand to it, in detestation of those repealed Votes. A Committee was appointed accordingly. The 14. Decemb. the said newfound Shiboleth was brought in by Gourdon, which caused divers that were not yet mad enough for Bedlam to forbear the House, or rather Conventicle. 30. The Militia of the Counties new settled in Independent hands. Decemb. 14. They repealed the Ordinance lately passed (after mature debate) for settling the County Militias of the Kingdom, because there were some Presbyterians in it not welaffected to the Army; and in that new sense, Malignants: And ordered, that a new Ordinance, with a List of new names, of Saints militant (sounding like a jewish pedigree) be brought in; for (through the indiscretion of the Presbyterians) the Independents have had the custody of our Purses a long time, and now must keep our Swords too, and then, Stand and deliver, will be the only Law of the Land. About this time Major General Browne one of the Sheriffs of London was fetched out of the City by a Party of Horse, 31. Sheriff Browne carried away out of the City Prisoner to S. James'. and carried before the mechanic Council of War at , although a Member of Parliament, and consequently one of their Masters) where he told them, he known they had nothing to charge him withal, but his honest endeavours to preserve His Majesty and His Posterity, together with the Parliament, City, and Kingdom, with the Laws and Government thereof from being rooted up by them, and that he feared them not. Col. Hewson (the one-eyed Cobbler) was so saucy as to tell him, He was too peremptory at last they committed him Prisoner to S. James'. And that he might not want company, 32. Sir Will. Waller, etc. removed S. James'. they sent a Warrant to Capt. Laurence, Marshal General, to remove Sir Will: Waller, Sir john Clotworthy, Major Gen: Massey, and Commissary General Copley from the King's head to him. The Marshal showing them the Warrant, 33. They protest against the General's Authority. they Protested against the Authority, and offered the Protest to the Marshal in writing, desiring him to show it to the General; which he refusing to receive, Sir Will: Waller desired all the company to witness what Protestation they did make in behalf of themselves, and all the Freeborn people of England, against the violent and illegal encroachments of the General and Council of War, against the Laws and Liberties, and read it aloud; as followeth, A Declaration of the taking away of Sir Will: Waller, Sir john Clotworthy, Major Gen: Massey, and Colonel Copley, Members of the House of Commons, from the Kings-head in the Strand to S. James': Together with their Protestation read at their removal. With a Copy of the L. General's Order for the same. Tuesday, Decemb. 12. 1648. Marshal Laurence came and acquainted Sir William Waller, Sir john Clotworthy, Major Gen: Massey, and M. Lionel Copley, Members of the House of Commons, That he had Orders from the Lord General and Council of the Army, to remove them from the other Prisoners to S. James': They replied to him, That they desidered to see his Orders: the Marshal Answered, Thy were only verbal; but the Gentlemen insisting to see a Warrant for their remove; the Marshal went to the General, and from him about six a clock brought an Order; a true Copy of which follows, viz: YOu are upon sight hereof, to remove Sir Will: Waller, Sir john Clotworthy, Major General Massey, and Colonel Copley, from the Kings-head Inn (where they are now in Custody) to Saint James': and for so doing, this shall be your Warrant. Given under my hand. Decemb. 12. 1648. To Marshal General Laurence. T: Fairfax. This Order being shown unto the foresaid Gentlemen, S. William Waller produced a Paper, desiring that the same might be presented to the General; which Marshal Laurence refused to receive: upon which, the said Sir William Waller, and the other three Gentlemen, desired the said Marshal and all the Gentlemen there present, to attend and witness to that Protestation which they did there make in behalf of themselves, and all the Commons & Freeborn Subjects of England; so with a distinct and audible voice read their Protestation, as followeth, WE whose Names are hereunto subscribed, being Members of the House of Commons, and Freemen of England, do hereby Declare and protest before God, Angels, and Men, That the General and Officers of the Army, being raised by the Authority of Parliament, and for defence and maintenance of the Privileges thereof; have not, or aught to have any power or jurisdiction to apprehend, secure, detain, imprison, or remove our Persons from place to place by any colour or authority whatsoever; nor yet to question or try us, or any of us by Martial Law, or ortherwise, for any offence or crime whatsoever, which can or shall be objected against us: And that the present Imprisonment and removal of our Persons is a high violation of the Rights and Privileges of Parliament, and of the Fundamental Laws of the Land, and a higher usurpation and exercise of an Arbitrary and unlawful power, then hath been heretofore pretended to, or attempted by this or any King or other power whatsoever within this Realm; notwithstanding which, We and every of us do Declare our readiness to submit ourselves to the Legal trial of a Free Parliament, for any crime or misdemeanour that can, or shall be objected against us. In witness whereof, we have hereto subscribed our Names, the 12. of December, 1648. At the Kings-head in the Strand. William Waller, john Clotworthy. Edward Massey, Lionel Copley. About this time, Mr. Pelham, Mr. Lane, Mr. Vaughan, 34. Four secured Members discharged. Sir Simon Dewes (Members secured) were set at liberty without any engagement, although at first it was demanded they should engage not to attempt any thing against the present actings of this Parliament and Army; which they refused. About Decemb. 11. 1648. 35. The Agreement of the People published and Answered. was delivered into the world a monstrous Beggar's Brat, called [The Agreement of the People.] It is very judiciously Answered by Mr. William Ashurst; all the Contents thereof is in the Remonstrance of the Army, 20. Nou. 1648. whereof I have spoken already. 1. It proposeth, That the People (that is, some small part of the People, the Army and their faction) without any colour of Law or Right should agree together to take away finally the present Government by King, Lords, and Commons, which the King's Party heretofore charged upon the Parliament as their Design for which they fought; whereupon, the Parliament to vindicate hemselves, published many Declaratione, and passed sundry Votes, That they would not alter the Government by King, Lords, and Commons; it also takes away the legal right from Burroughs to choose members of Parliament; this admitted, they may as well conspire to take away any Law, or any man's Life or Estate, by which rule we could enjoy nothing but at the will of any number of men that shall call themselves The People. And upon the same ground that those that shall subscribe this Agreement may call themselves the People, may those that shall refuse to subscribe call themselves the People, and upon fare better grounds, as being fare the more numerous, and standing for defence of those ancient Laws, which do constitute the People and Commonwealth of England, which will breed infinite confusions and divisions: and what those that call themselves the People now agree to, they may alter upon the next change of humour or interest. 2. The inconveniences of the present Government have not yet been plainly discovered, nor no Trial hath been made by the present known legal power of England; whether those inconveniences may not be removed without subverting the present Government, and introducing so total a change as will be very dangerous and grivous to all sorts and conditions of men. 3. In the Protestation, May 5. 1641. and the Covenant, Septemb. 27. 1643. we are bound to defend Parliaments, and to oppose and bring to punishment all such as shall endeavour the subversion of Parliaments, which this Agreement clearly doth. 4. This Agreement encroacheth desperately upon the liberty of the people of England, in the Election of this Representative; depriving them that have constantly adhered to this Parliament as well as the King's party (if they cannot in conscience subscribe it) from Electing, or being Elected; yet they shall have Laws and Taxes imposed upon them by Subscribers, who are the least, and the least considerable party of the Kingdom; and upon whom they confer no trust; which is to disfranchise the Nonsubscribers, and reduce them to the condition of Conquered Slaves. It is a known Maxim in Law, Quod omnes tangit, ab omnibus tractari debet, what concerns all men must be debated and agreed to by all men, either personally or representatively. 5. It will raise factions and feudes between the Subscribers and Non-subscribers of the Parliament party. 6. It takes away Magistracy and Government, not only by placing such a Supreme power over them as is disputable; nay, apparently illegal: But by making the heady multitude (the People) supreme judges over the said Representative: for although it inflicts the penalty of death upon the Resisters of their Orders; yet is with this salvo, except such Representative shall expressly violate this Agreement, which makes every man or number of men that shall get power into their hands judges of it; nor is there any other judge designed: and (if there were) who shall judge that judge? & sic in infinitum, the legal supreme Trust of all public interests being taken away, our vagabond thoughts wander in a circle, not knowing where to repose our trust, all judges, all Counsels may err, but the rascal multitude are the very sink of errors and corruptions. If therefore the Supreme, the Representative have so unstable an authority, what shall the subordinate Magistrate acting under them have? 7. It smells so much of the jesuite, that it tolerateth Popery in private Houses; contrary to the known Laws of the Land: Popery (like the old Serpent) if it once get in the head, will soon insinuate the whole body, being so well backed by potent Princes and Counsels from beyond Sea. And truly I know not what to say against Popery, where Heresy, Schism, Atheism, and Blasphemy are openly tolerated, and exempted from the power of the civil Magistrate, as in this Agreement. 8. It will lose Ireland; the managing of the War there being legally in this Parliament by Act passed, not in this new-fangled Representative. 9 It divides us from Scotland. 10. It destroys the Cause for which the Parliament so often Declared, Voted, Protested and Convenanted that they fought, viz. Defence of Parliaments, Religion, Laws and Liberties, and bestows the Cause upon the King, as if He only (from the beginning) had fought for them: which all men have reason to believe, when they shall see the Parliament make such ill use of their Victory, as to root them all up. And this and all other Parliament Armies were Commissioned to preserve this Parliament; by this Authority they have their Pay and Indemnity, without which they are Thiefs, Rebels, and Murderers. 11. It demands, that there be no Lawyers nor Laws, but new Rules in English to be made from time to time by the new Representative, who are to be chosen and trusted only by a small faction of Subscribers, (as hath been said) according to which justice shall be administered, not by Mayors, Sheriffs, justices of the peace, Officers always ready, but by Hundred Courts, who are to supply the room off all the judges and Lawyers of the Kingdom: and all this to lie in the breasts of 12 Men in every Hundred (of the Tribe of the Godly be sure) who peradventure can neither written nor read, nor have responsible Estates to satisfy wrongs done: these shall do justice by providence and revelation. 12. It destroyeth all great and public Interests (and therefore cannot stand) Kings, Lords, Soldiers, Magistrates, Parliaments, Lawyers, Ministers, who will oppose it because it confounds and destroys Religion, and depriveth the Ministry of its lot, Tithes; stopping their mouths with famine, purposely to cast them off: and generally all men of quality and discretion will withstand it; because it gives no security for enjoyment of liberty and property, nor for increase of learning, civility, and piety; who then are left to own and subscribe it but desperate forlorn Persons, who, because they cannot bring their actions under the protection of our present Laws and Government, will bring the Laws and Government to their own corrupt wills and interests, and therefore will sign this Agreement: no obedience being given to this Representative, but upon condition (that they kept this Agreement (and there being no other judges of their keeping it but the Subscribers; who in the result of all, have the Law in their own Wills. 36. This Agreement of the People was condemned by the House of Commons, 9 Nou. 1647. This Agreement of the People is the same which was subscribed by 9 Regiments of Horse, and 7 of Foot, and presented, with a Petition to the House of Commons, Novemb. 5. 1647. by the Agitators, Gifforde the jesuite being then in the Lobby with them, and very active therein. Upon reading and debate hereof, the House then declared their judgements against it by passing these Votes: Die Martis, 9 Nou. 1647. A Paper directed to the Supreme Authority of the Nation, the Commons in Parliament assembled, The just and earnest Petition, of those whose Names are subscribed, in behalf of themselves and all the Freeborn people of England: Together with a Paper annexed, entitled, An Agreement of the People for present and future peace. upon grounds of Common Right, avowed. How these Papers come now to be owned, those that opposed them violently secured by the Army, by the connivance (at least) of the dregs of the House now sitting, let the Saints now voting in the House examine their pockets, for (I am confident) their consciences had no hand in the business. Resolved, etc. That the matters contained in these Papers, are destructive to the beings of Parliaments, and to the fundamental Government of the Kingdom. Resolved, etc. That a Letter should be sent to the General, and those Papers enclosed; together with the Vote of this House upon them: and that he be desired to examine the proceed of this business in the Army, and return an Account thereof to this House. The General and Council of War in pursuance of this Vote, condemned one of the Agitators who promoted it, 37. The said Agreement damned by the General & Council of War, and a Soldier shot by sentence for promoting it. and shot him to death at Ware (you see what it is to do a thing unseasonably, this Design of the Army and their Party was not yet ripe) wherewith they acquainted the House; yet they kept in the same fire in the City still, where some of their Confederates, 23. of the same Novem. sent the same Agreement, etc. enclosed in a Letter, with a Petition into the House of Commons; where-upon the House (giving thanks to the General for the execution done at Ware, and desiring him to examine that business to the bottom) unanimously passed these Votes: Die Martis, 23. Nou. 1647. A Petition directed to the Supreme Authority of England, 38. The said Agreement condemned by the House a second time, 23. Novemb, 1647. the Commons in Parliament assembled, and entitled, The humble Petition of many Freeborn People of England, sent in a Letter directed to Mr. Speaker, and opened by a Committee thereunto appointed, was read the first and second time. Resolved, etc. That this Petition is a seditious and contemptuous avowing and prosecution of a former Petition and Paper annexed, styled, An Agreement of the People, formerly adjudged by this House to be destructive to the being of Parliaments, and fundamental Government of the Kingdom, etc. Resolved, etc. That Tho: Prince, Cheese monger, and Sam: Chidley, be forthwith committed Prisoners to the Prison of the Gatehouse, there to remain Prisoners during the pleasure of this House, for a seditious and contemptuous avowing and prosecution of a former Petition and Paper annexed, styled, An Agreement of the People, formerly adjudged by this House destructive to the being of Parliaments, and fundamental Government of the Kingdom. Resolved, etc. That jeremy Ives, Tho: Taylor, and Will: Larner, be forthwith committed Prisoners to the Prison at Newgate, etc. as last aforesaid, in Terminis. Afterwards by an Ordinance, Decemb. 17. 1647. for Electing Common-Councel-men, and other Officers in London, they expressly ordained, That no Person who hath contrived, abetted, persuaded, or entered into that Engagement, entitled, [The Agreement of the People,] declared to be destructive to the being of Parliaments, and fundamental Government of the Kingdom; be elected, chosen, or put into the Office of the Lord Major of the City of London, Sheriff, Alderman, Deputy of a Ward, or Common-Councel-man of the said City, or shall have any voice in the election of any such Officers, for the space of one whole year; and be uncapable of any of the said Places: yet now these petty Fellows keep the whole City in awe. 39 Yet this Agreement since inserted into the Remonstrance of the Army, owned by the General and Council of War; and Nou. 20. 1648. obtruded upon the House. These multiplied Votes and Ordinance, laid this Agreement of the People asleep until the beginning of November, 1648. when (to hinder the peace of this Kingdom, and relief of Ireland) the jesuits and Agitators prosecuted it again in the Army, and inserted it again verbatim in the Remonstrance of the Army, Novemb. 20. 1648. to break off the Treaty with the King, bring him to capital punishment, and cast the odium of all upon the Parliament: And the General and his Council of Officers (though they had formerly shot a Soldier to death for prosecuting it) unanimously approved it at Saint Albon, November 16. 1648. and obtruded it upon the House the 20. Novemb. and when they found the House so resolute in the Treaty as to proceed, they first seized the Person of the King, and carried Him to Hurst-Castle as aforesaid; and when the House at last closed up the Treaty with this Vote, That the King's Answers to the Propositions of both Houses were a ground for the Houses to proceed upon towards a setlement: 40. Why they purged the House. They seized upon 41. Members of Parliament, secured them, and villainously treated them; secluded above 160. and frighted away at least 40. or 50. more, leaving only their own junto of 40. or 50. thriving Members sitting to Vnvote in a thin House under a force, what had been voted in a full and free House; To vote down the Kingly Office and House of Peers, to vote the Supreme Authority to be in the People, and in the House of Commons as their Representative, clean contrary to their three last recited Votes. To bring the King to capital punishment before a new invented, illegal, mixed Court (consisting of engaged Persons) erected for that purpose, that hath neither foundation by prescription nor Law, and to erect a Council or Committee of States, out of their number (in the nature of Lords, State's General, or Hogen Mogens) with an unknown and therefore unlimited Authority, to continue in being after the dissolution of this Parliament. So farewel Kings, Lords, and Commons, Religion, Laws and Liberties, and all Votes, Declarations, Remonstrances, Protestation and Covenant, made heretofore only to gull the People, and carry on their design. About 19 41. Divers Lords do homage to the General, and wave their honours. Decemb. divers Lords went to do homage to the General, to express their good affections to him, and their concurrence with him for the common good, and their readiness to wave their privileges and Titles if they shall be found burdensome to the liberty of the People, and had a gracious nod for their pains. About this time the Lords & Commons passed an Ordinance for electing Common-Councel-men and Officers in London for the year following, to this effect, 42. An Ordinance to curb the City in electing Officers. That no Person that hath been imprisoned or sequestered (rightfully or wrongfully) or hath assisted the King against the Parliament in the first or second War, or hath been aiding or assisting in bringing the Scots Army to invade this Kingdom, or did subscribe or abett the treasonable Engagement, 1647. or that did aid, assist, or abett the late Tumult within the Cities of London and Westminster, or the Counties of Kent, Essex, Middlesex, or Surrey, shall he elected, chosen, or put into the Office or Place of Lord Mayor of London, Alderman, Alderman's Deputy, Common Councel-man, or into any office or place of trust within the City, for the year ensuing, or be capable to give his voice for choosing any Person to any the Offices aforesaid; And, that if any Persons comprehended under the aforesaid exceptions being chosen, shall presume to sit in the Court of Aldermen, Common-council, or execute any of the aforesaid Offices, he shall forfeit 200. And all such Elections to be null and void; the Lord Mayor to take order that this Ordinance be read at all Elections, and punctually observed: and also to afford the liberty of the Pole, it being required by any of the Electors present. But this Ordinance not giving full satisfaction to the Zealots, Skippon stood up, Skippon moveth for an Addition to the said Ordinance. and looking as demurely as if he meant to say Grace, he told the House, That the late Ordinance was not sufficient to keep Malignants out of Office in London, for Mr. Speaker (said he) It is not enough to exclude Delinquents, or the Abettors of the late Insurrections, etc. for there are a more dangerous sort of men amongst them: They which promoted the Treaty, and endeavoured to have the King brought to London, except these be made incapable of Authority, it will be a great discouragement to the Godly party of the City. So an additional Ordinance to this end was ordered to be brougth in; you see to endeavour peace and setlement, is accounted by these Saints militant a sufficient crime to forfeit a man's Brithright. 43. The Members subscribe john Gourdons Protestation, sect. 29. I formerly told you of john Gourdons motion, That all Members might subscribe a Protestation against the Votes for a Treaty with the King in the Isle of Wight, and especially against the Vote, 5. Decemb. 1648. which declareth, That His Majesty's Answers to the Propositions of both Houses were a ground for the two Houses to proceed to a setlement: and until such dissent or disapprovall to forbear the House: This was done in obedience to the demands of the Army in their Remonstrance presented 20. Sect. 23. Novemb. 1648. And although it be so clearly against the Orders and Privileges of Parliament, that divers Members formerly (and some this Parliament) have been suspended the House, and committed to the Tower for offering it, because it tends to breed factions and divisions in the House, and Tumults without doors; yet every request from an Armed man is a Command and must be obeyed. The List of the Names of these new Protestants followeth, and (it is hoped) they will in time give better Reasons then (the power of the Sword) for it, 20. December, 1648. subscribed, The Lord L●ste, Col. Boswell, Io: Gourdon, Lord Grace, Peregrine Pelham, Col. jones, Col. Temple, Col. Venus, Sir Tho: Malevourer, Sir Thomas Wrot●e, Sir Io: Bourcher, Col. Peter Temple, Humphrey E wards (who waited on the King to the House when he demanded the 5, Members, and his Election is adjudged void by a Committee) Mr Tho; chaloner, Sir Gregory Norton (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, john lisle, Col. Rigby, Cornelius Holland, Col. Ludlow, Greg: Clement, Col. Purefoy, Col. Stapeley, Mr. Dunch Mr. Cawley, Col. Downes, Io: Carey, john Blackiston, Tho: Scot Decemb. 22. Col. Hutchinson, Sir Hen: Myldmay, Sir james Harrington. Decemb, 25. Col. Edward Harvey. Alderman Pennington: Alderman Atkins, Dan: Blagrave (voted out of the House) Col. Moor, Col. Millington, Mr. Prideaux, Roger Hill the little Lawyer, Dennis Bond, Col. Harrington, Master Hodges, Mr. Valentine. Sixteen of the imprisoned Members were about this time sent for by the General; when they came, out came Ireton, 44. Sixteen imprisoned Members discharged without engagement. and finding Mr. Pryn amongst them, he chid the Marshal for bringing him, and commanded him to be taken away; but Mr. Pryn refusing to departed, Ireton commanded him to be thrust out by head and shoulders: whereupon Mr. Pryn openly protested, That the Army endeavoured utterly to subvert the fundamental Laws of the Land, and Privilege of Parliament. That they had no power over him, nor any Member of Parliament. That their late force acted upon them, and their proceed was illegal, and traitorous. That all men were bound to bring them to condign punishment as Rebels and Traitors to their God, their King, Country and Parliament. So Mr. Pryn was removed by the Marshal, and Ireton went in once more to consult the Oracle, & at last came out again to the Gent: telling them, It was the General's 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 peril: so the Gentlemen expressing that they would give no engagement, were released without any. The 22. Decemb, both juntoes of four Lords, 45. A mock Fast kept by the two Houses, and H. Peter's comic Sermon. and twenty Commons, kept a mock Fast at Saint Margaret's, Westminster; where Hugh Peter's the Pulpit-Buffon, acted a Sermon before them; the subject of his Sermon was, Moses leading the Israelites out of Egypt: which he applied to the Leaders of this Army, whose design is, to lead the people out of Egyptian 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 down his head on the cushion, until 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 only here, but in France and other Kingdoms round about; this is to bring you out of Egypt: this Army is that corner stone cut out of the Mountain, which must dash the powers of the earth to pieces. But it is objected, The way we walk in is without precedent; what think you of the Virgin Mary? was there ever any precedent before, that a Woman should conceive a Child without the company of a Man? this is an Age to make examples and precedents in. 46. The Council of Wat vote a Toleration of all Religions. Decemb. 25. The Council of War 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 additional Ordinance, 47. The Common Council petition against Skippons additional Ordinance in vain. That none should Elect, or be Elected, or execute the Place of Lord Mayor, Alderman, Alderman's Deputy, Common-council-man, etc. that had signed the Petition for a Personal Treaty, etc. because they found the City generally engaged 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 think of a remedy worse than the disease, as it proved afterwards. You see the petitioning for a Personal Treaty was so universal and public that it could not be carried on by any private design in Conventicles and corners; as are all the bloody Petitions for justice, justice against capital Delinquents, and the most High, which being penned and solicited by the Army, or sectary Committee-men, and subscribed and prosecuted by some few beggarly Schismatics without Cloaks in the Names of whole Counties, (whom they had the impudence to belie) were entertained in state; and they, and that well-affected County (though they abhorred the villainy) thanked for their pains. * 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 settling their association with the welaffected, and forces of the Counties adjacent; this is to associate & Arm all the Schismatics, Committee-men, guilty and desperate Persons, Antimonarchists, and Anarchists, against all the peaceable and honest men of the Kingdom. 26. Decemb. Mr. Pryn sent a Letter to the General, 49. Mr. pryn's Letter to the General, demanding his liberty demanding his liberty; and seconded it with a Declaration, as followeth: Mr. Pryn's Demand of his Liberty to the General, Decemb, 26. 1648. with his Answer thereto. And his Declaration and Protestation thereupon. For the Honourable Lord Fairfex, General of the present Army. THese are to acquaint your Lordship, 50. Mr. pryn's Declaration seconding his said Letter. That I being a Member of the Commons House of Parliament, a Freeman of England, a great Sufferer for, and an Assertor of the Subject's Liberties against all Regal and Prelatical tyranny, and no way subject to your own, your Council of Wars, or Officers military power or jurisdiction, going to the House to discharge my duty on the 6. of this instant December, was on the stairs next the Commons House door, forcibly kept back from entering the House, seized on, and carried away thence, (without any pretext of Lawful Authority thereto assigned) by Colonel Pride, and other Officers and Soldiers 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 Marshal's custody, and tossed from place to place, contrary to the known Privileges of Parliament, the Liberty of the Subject, and fundamental Laws of the Land, which your are engaged to maintain against all violation. And therefore do hereby demand from your Lordship my present enlargement, and just liberty, with your Answer hereunto. From the Kings-head in the Strand, Decemb. 26. 1648. William Pryn. This was delivered to the Generals own hands at his House in Queen-street, about three of the clock, the same day it bears 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 to his Officers to know what they had against him. Who it seems act all things without his privity, and steer all the Armies present counsels and designs according to their absolute wills. The public Declaration and Protestation of William Pryn of Lincoln's june, Esquire; Against his present Restraint, and the present destructive Counsels and jesuitical proceed of the General, Officers, and Army. I William Pryn, a Member of the House of Commons and Freeman of England; who have formerly suffered 8. years' Imprisonment (four of them close, three in exile) three Pillories, the loss of my Ears, Calling, Estate, for the vindicating of the Subjects just Rights and Liberties against the arbitrary tyranny and injustice of King and Prelates, and defence of the Protestant Religion here established; spent most of my strength and studies in asserting the People's just freedom, and the power and privileges of Parliament, against all Opposers, and never received one farthing (by way of damages, gift, or recompense) or the smallest benefit or preferment whatsoever, for all my sufferings and public services; Do here solemely declare before the most just and righteous God of Heaven and Earth (the Searcher of all hearts) the whole Kingdom, English Nation, and the World, that having according to the best of my skill and judgement, faithfully discharged my trust and duty in the Commons House, upon real grounds of Religion, Conscience, justice, Law, prudence and right reason, for the speedy and effectual setlement of the peace and safety of our three distracted, bleeding, dying Kingdoms, on Monday, Dec. 4. I was on Wednesday morning following (the 6 of this instant) going to the House to discharge my duty, on the Parliament stairs next the Commons door, forcibly seized upon by Col. Pride, Sir Hardresse Waller, and other Officers of the Army (who had then beset the House with strong Guards and whole Reg: of Horse and Foot) haled violently thence into the Queen's Court, notwithstanding my Protestation of breach of privilege, both as a Member and a Freeman, by a mere usurped tyrannical power, without any lawful Authority, or cause assigned; and there forcibly detained Prisoner (with other Members there restained by them) notwithstanding the Houses double demand of my present enlargement to attend its service by the Sergeant, and that night (contrary to faith and promise) carried Prisoner to Hell, and there shut up all night, (with 40. other Members) without any lodging or other accommodations, contrary to the known Privileges of Parl. the fundamental Laws of the Realm, and liberty of the Subject; which both Houses, the 3. Kingdoms, the General with all Officers and Soldiers of the Army, are by solemn Covenant and duty obliged inviolably to maintain. Since which I have, without any lawful power or authority, been removed and kept Prisoner in several places, put to great expenses, debarred the liberty of my Person, calling; and denied that hereditary freedom which belongs to me of right, both as a Freeman, a Member, an eminent sufferer for the public, & a Christian, by these who have not the least shadow of authority or justice to restrain me, and never yet objected the least cause for this my unjust restraint. I do therefore hereby publicly protest against all these their proceed, as the highest usurpation of an arbitrary and tyrannical power, the greatest breach of faith, trust, Covenant, privileges of Parliam. and most dangerous encroachment on the Subject's liberties and Law; of the Land, ever practised in this Kingdom by any King or Tyrant, especially by pretended Saints, who hold forth nothing but justice, righteousness, liberty of conscience, and public freedom in all their Remonstrances; whiles they are triumphantly trampling them all under their armed iron feet. And do further hereby appeal to, and summon them, before all the Tribunals and powers in heaven and earth for exemplary justice against them, who cry out so much for it against others less tyrannical, oppressive, unjust, and fedifragus to God and men than themselves. And do moreover remonstrate, that all their present exorbitant actings against the King. Parl. present Government, & their new modled Representative, are nothing else but the designs & projects of jesuits, Popish Priests and Recusants (who bear chief sway in their Counsels) to destroy and subvert our Religion, Laws, Liberties, Government, Magistracy, Ministry, the present and all future Parl. the King. his Posterity, and our 3. Kingdoms, yea the General, Officers, and Army themselves, and that with speedy and inevitable certainty; to betray them all to our foreign Popish Enemies; and give a just occasion to the Prince and Duke, now in the Papists power, to alter their Religion, and engage them, and all foreign Princes and Estates to exert all their power to suppress and extirpate the Protestant Religion and Professors of it through all the world, which these unchristian, scandalous, treacherous, rebellious, tyrannical, jesuitical, disloyal, bloody present Counsels and exorbitances of this Army of Saints, so much pretending to piety and justice, have so deeply wounded, scandalized, and rendered detestable to all pious, carnal & moral men of all conditions. All which I am, and shall always be ready to make good before God, Angels, Men, and our whole three Kingdoms in a free and full Parliament, upon all just occasions? and seal the truth of it with the last drop of my dearest blood. In witness whereof, I have hereunto subscribed my Name: at the Sign of the Kings-head in the Strand, Decemb. 26. 1648. William Pryn. 51. The Council of War forbidden all state and ceremony to the King. From Dec. 25. to 1. january, Num. 283. 27. Decemb. The Council of War (who manage the business in relation to the King, saith the Diurnal) ordered, That all state and ceremony should be forborn to the King, and his Attendants lessened, to mortify him by degrees, and work Him to their desires. 52. Cromwel's Sp. in the Ho: when it was first propounded to try the King. When it was first moved in the House of Commons to proceed capitally against the King; Cromwell stood up and told them, That if any man moved this upon design, he should think him the greatest Traitor in the world; but since providence and necessity had cast them upon it, he should pray God to bless their Counsels, though he were not provided on the sudden to give them counsel: this blessing of his proved a curse to the King. 53. The Ordinance for electing Com: Council men confirmed. 28. Decemb. was brought into and read in the House an Ordinance, explaining the former Ordinance for electing Common-Councel-men, which confirmed the former Ordinance. It was referred back again to the said Committee to consider of taking away the illegal (as they please to miscall them) Oaths of Allegiance, Supremacy, and other Oaths usually administered to Officers, Freemen, etc. of the City. The 28. Decemb. Tho: Scot brought in the Ordinance for Trial of the King, it was read and recommitted three several times, 54. The Ordinance for Trial of His Majesty passed the Commons. and the Commissioners Names inserted consisting of divers Lords, Commons, aldermans, Citizens, Country Gentlemen, and Soldiers, (that the more persons of all sorts might be engaged in so damnable and treasonable a design) and because this Ordinance, and the proceed 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, Diurnal from 1. jan. to the 8. of jan. 1648. Numb. 286. etc. That the Lords and Commons assembled in Parliament, do declare and adjudge, That by the fundamental Laws of the Realm, it is Treason in the King of England for the time to come to levy War against the Parliament, and Kingdom of England. So together with this declaratory Vote the said Ordinance was carried up to the Lords by that Renegado Lord Grace of Grooby, jan: 2. 1648. 55. And sent up to the Lords, The Lords met that day fare more than ordinary, 16. in number, and promising to send an Answer by Messengers of their own. 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 Earl of Manchester told them, The Parliament of England, by the fundamental 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 confirms all their Acts: and without him there can be no Parliament; therefore it is absurd to say, The King can be a Traitor against the Parliament. The Earl 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 Trial of the King. And if the King did leavy War first against the Houses, we have no Law to make it Treason in Him, so to do: And for us to declare Treason by an Ordinance, when the matter of fact is not yet proved, nor any Law extant to judge it by, is very unreasonable: so the Lords cast off the Debate, and cast out the Ordinance: and adjourned for seven days. jan. 3. The Zealots of the Commons were very angry at the Lords, and threatened to clap a Pad-lock on the Door of their House: but at last they sent up some of their Members to examine the Lords Book, and see what they had done; who brought word back, that their Lordships had passed 2. Votes; 1. That they do not concur to the said Declaratory Vote. 2, That they had rejected the Ordinance for Trial 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 joined, shall be empowered and enjoined to sit, and act, and execute in the said several Committees of themselves, notwithstanding the House of Peers join not with them, therein. Upon the debate, many hot-brained men insisted upon it, That the Lords who rejected the Ordinance should be themselves Impeached for favouring the grand Delinquent of England, (you see the King was likely to have much justice, when his judges must either condemn Him, or be condemned) others thought it more prudence to touch their Privileges, and let alone their Persons. Die jovis, 4. jan. 1648. The Commons passed these 3. Votes, A question in Divinity voted in Parliament never agreed to by Divines. This we find de facto, in the subversion of our Religion, Laws, Liberties and Properties, though not de jure. You see that since both Houses ravished the Supremacy from the King, and a petty Faction from the Houses: our Laws are first shrunk into arbitrary Ordinances of both Houses; and now into Orders of a remaining Faction of one House. 1. That the People (that is, their own faction, according to their said Principle) are under God the original 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 fundamental Government of this Nation at once; and deposits all that is, or can be near or dear unto us in scrinio pectoris, in the bosoms 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 judicature, nor can legally administer an Oath; but this in pursuance of their aforesaid Principle, That they may pass through any form of Government to carry on their Design: The Diurnal tells you, there was not a Negative Voice: this shows under what a terror they sit, when (in things so apparently untrue) no man durst say, No: so the said Declaratory Vote and Ordinance for Trial of His Majesty (by a Court Marshal, if the Diurnal speak true, and yet the King no Prisoner of War) was passed only in the name and by the Authority of the Commons: Notwithstanding, the Order of the House, That the Clerk should not deliver a Copy of the said Ordinance to any man, I here present the Reader with a Copy thereof: 59 The Act for Trial of the King. An Act of Parliament of the House of Commons, for Trial of Charles Stuart King of England. WHereas it is notorious that Charles Stuart the now King of England, was not content with the many encroachments which his Predecessors had made upon the People in their Rights and Freedom, hath had a wicked Design to subvert the ancient and fundamental Laws and Liberties of this Nation, and in their place to introduce an Arbytrary and Tyrannical Government, and that besides all evil ways to bring His Design to pass, He hath prosecuted it with fire and sword, Quaere, Whether the Faction do not translate these Crimes from themselves to the King, with many others. levied and maintained a Civil War in the Land, against the Parliament and Kingdom; whereby this Country hath been miserably wasted, the public 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 condign punishment. Whereas, also the Parliament well hoping that the restraint and imprisonment of His Person, after it had pleased God to deliver Him into their hands, would have quieted the distempers of the Kingdom, did forbear to proceed judicially against Him, but found by sad experience that such their remissness served only to encourage Him, and His Complices in the continuance of their evil practices, and in raising new Commotions, Rebellions, and Invasions: For prevention of the like and greater inconveniences, and to the end no chief Officer or Magistrate may hereafter presume Traitorously and maliciously to imagine or contrive the enslaving or destroying of the English Nation, and to expect impunity. Be it enacted and ordained by the Commons in this present Parliament assembled, and it is hereby enacted and ordained, that Thomas 〈◊〉 Fairfax, General. Oliver Cromwell, Lieu. General. Com. Gen. Ireton. Major Gen. Skippon. Sir Hardresse Waller. Col. Valentine Walton Col. Thomas Harrison Col. Edward whaley. Col. Thomas Pride. Col. Isaac Ewer. Col. Rich: Ingolsby. Sir. Henry Mildmay. Sir Tho: Honywood. Thomas, Lord Grey. Philip. Lord Lisle. Will: Lord Munson. Sir john Danvers. Sir Tho: Maleverer. Sir john Bowcher. Sir james Harrington. Sir William Brereton. Robert Wallop. Esquire Will: Henningham, Es. Isaac Pennington, Alderman. Thomas Atkins, Ald: Col. Rowland Wilson. Sir Peter Wentworth. Col. Henry Martin. Col. William Pure●oy. Col. Godfrey Bosvill. john Trencherd, Esq; Col. Harbottle Morley Col. john Berckslead. Col. Mat. Tomblinson. john Blackston, Esq; Gilb: Millington, Esq; Sir Will: Constable. Col. Edward Ludlow. Col. john Lambert. Col. Io. Hutchingson. Sir Arthur: Hazlerigge. Sir Michael Lavesley. Rich: Saloway, Esq; Humph: Saloway, Esq; Col. Rob: Titchburne. Col. Owen Roe. Col. Rob: Manwaring. Col. Robert Lilburne. Col. Adrian Scroop. Col. Richard Deane. Col. john Okey. Col. Robert Overton. Col. john Harrison. Col. Ioh: Desborough. Col. William Goffe.. Col. Rob: Dukenfield. Cornelius Holland, Es. john Carne, Esq; Sir Will: Armine. john jones, Esq; Miles Corbet, Esq; Francis Allen, Esq; Thomas Lister, Esq; Ben: Weston, Esq; john Gourdon, Esq; Serj. Francis Thorp. john Nut, Esq; Tho: chaloner, Esq; Col. Algern: Sidney. john Anlaby, Esq; Col. john Moor. Richard Darley, Esq; William Say, Esq; john Aldred, Esq; john Fag; Esq; james Nelthrop. Eq. Sir Will: Roberts. Col. Francis Lassels. Col. Alex: Rixby. Henry Smith Esq; Edmond Wild, Esq; james Chaloner, Esq; josias Barnes, Esq; Dennis Bond, Esq; Hump: Edwards, Esq; Greg. Clement, Esq; john Fray, Esq; Tho: Wogan, Esq; Sir Greg: Norton. Serj. john Bradsaw. Col. Edm: Harvey. john Dove, Esq; Col. john Venn. john Foulks, Alder: Thomas Scot, Alder: Tho. Andrew's, Ald: William Cawley, Esq; Abraham Burrell, Esq; Col. Anthony Stapley. Roger Gratwicke, Esq; john Downes, Esq; Col. Thomas Horton. Col. Tho. Hammond. Col. George Fenwicke. Serj. Robert Nichols. Robert Reynolds, Esq; john Lisle, Esq; Nicholas Love, Esq; Vincent Potter. Sir Gilbert Pickering. john Weaver, Esq; john Lenthall, Esq; Sir Edward Baynton. john Corbet, Esq; Thomas Blunt, Esq; Thomas Boone, Esq; Augustin Garland, Es. Augustin Skinner, Es. john Dickswell, Esq; Col. George Fleetwood Simon Maine, Esq; Col. james Temple. Col. Peter Temple. Daniel Blagrave, Esq; Sir Peter Temple. Col. Thomas wait. john Browne, Esq; john Lowrey, Esq; Mr. Bradshaw, nominated Precedent. Counselor's assistant to this Court, & to draw up the Charge against the KING, are, Doctor Dorislow. Master Steel. Master Ask. Master Cook. Sergeant Dandy, Sergeant at Arms. Mr. Philip's, Clerk to the Court. Messengers and dore-keepers, are. Master Walford. Master Radley. Master Paine. Master Powel. Master Hull. And Mr. King, Crier. shall be, and are hereby appointed Commissioners and judges for the hearing, Trying, and judging of the said Charles Stuart; and the said Commissioners, or any 20. or more of them shall be, and are hereby Authorized and Constituted an High Court of justice, to meet at such convenient times and place as by the said Commissioners, or the major part, or 20. or more of them under their hand and seals shall be appointed and notified by public Proclamation in the great Hall, or Palace-yard of Westminster; and to adjourn from time to time, and from place to place, as the said High Court or the major part thereof meeting shall hold fit, and to take order for the charging of Him the said Charles Stuart with the Crimes above mentioned, and for the receiving His Personal Answer thereunto, These wise men of Gotham could not tell whether Witnesses upon oath were necessary upon Trials of life and death. But (I confess) that upon the defensive part, upon Indictments; Witnesses upon oath were not to be heard against the King, much more Accusers of the King. and for examination of Witnesses upon oath (if need be) coneerning the same; and thereupon or in default of such Answer to proceed to final Sentence according to justice and the merit of the Cause, to be executed speedily and impartially. And the said Court is hereby Authorized and required to choose and appoint all such Officers, Attendants, and other circumstances as they, or the major part of them shall in any sort judge necessary or useful for the orderly and good managing of the premises: and Thomas Lord Fairfax * The General is no Officer of justice. All welaffected Persons tag and rag invited to assist in a Tumultuary way to destroy the King if need had been, that is, all Antimonarchists. the General, with all Officers of justice, and other well-affected Persons are hereby authorized and required to be aiding and assisting unto the said Commissioners in the due execution of the trust hereby committed unto them, provided that this Ordinance, and the Authority hereby granted do continue for the space of one Month from the Date of the making hereof, and no longer. 60. A new Great Seal to be made. But at last they stumbled at a rub not foreseen; they could not use the old Great Seal against Him, because it was the King's Great Seal (no more could they use any of our Laws, Courts, or judges against Him, because they are all the Kings) the Sculpture upon it is, Carolus Dei Gratia, neither would the Grace of God square with their proceed: they must therefore make a new Great Seal; but that was long a making, and their fingers were in the fire: they therefore proceeded without any Commission under Seal, only upon the said Ordinance, and every Commissioner set his own hand and seal to the public instruments of their proceed: what need ceremonies when men are resolved upon the substance? 61. The jews petition the Council of War to have the Stat: of their banishment repealed. About this time the Hebrew jews presented a Petition to the uncircumcised jews of the Council of War, That the Statute of Banishment against them may be repealed, and they readmitted to a Synagogue and Trade amongst us; They offer for their readmission, S. Paul's Church, and the Library at Oxford, 500000 l. but 700000 l. is demanded: Hugh Peter and Harry Martin solicit the business. Upon this occasion was published this Paper ensuing. 62. A Paper published upon occasion of the jews Petition. The last damnable Design of Cromwell and Ireton, and their junto or Cabal; intended to be carried on in their General Council of the Army, and by journeymen in the House of Commons, when they have engaged them desperately in sin, past all hope of retreat by murdering the King. Mayor White, a Member of the Army, long since at Putney fortetold, That shortly there would be no other power in England but the power of tee Sword: and Will: Sedgwick in his Book called [justice upon the Army's Remonstrance] saith, The Principle of this Army is, To break the Powers of the Earth to pieces: and john Lilburne in his [Plea for Common Right] pag. 6. saith, The Army by these extraordinary proceed, have overturned all the visible Supreme Authority of this Nation: that is, they have, and will, by seizing upon the Members of Par: dissolving it, and setting up a new invented Representative, and bring the King to capital punishment, and disinheriting His Posterity, subvert the Monachicall Government, and Parliaments of this Kingdom; the Laws and Liberties of the People, and so by bringing all to Anarchy and confusion, put the whole Government of the Land under the Arbitrary power of the Sword. In order to which, they have, and will overturn the Government of the City of London by a Lord Mayor and Aldermen, and Governerne it by Commissioners, and a schismatical Common Council of Anabaptists, illegally chosen; and deprive them of their Charter of Incorporation and Franchises; and this shall be a leading case to all the Corporations of England. Their next design is, to Plunder, and Disarm the City of London, and all the Country round about; thereby to disable them to rise when the Army removes, but not to the use of the Soldiers, (although they greedily expect the first Week in February the time appointed) from whom they will reedeeme the Plunder at an easy rate; and so sell it in bulk to the jews, whom they have lately admitted to set up their banks, and magazines of Trade amongst us, contrary to an Act of Parliament for their banishment; and these shall be their Merchants to buy off for ready money, (to maintain such Wars as their violent proceed will inevitably bring upon them) not only all Sequestered and Plundered goods, but also the very Bodies of Men, Women, and Children, whole Families taken Prisoners for sale, of whom these jewish Merchants shall keep a constant traffic with the Turks, Moors, and other Mahometans; the Barbadus, and other English Plantations being already cloyed with Welch, Scottish, Colchester, and other Prisoners imposed by way of sale upon the Adventurers: and this is the meaning of Hugh Peter's threat to the London Ministers, That if another War followed, they will spare neither Man, Woman, nor Child: For the better carrying on of which Design, the said Cabal, or junto, keep a strict correspondency with Owen Roe Oneale, the bloody Popish antimonarchical Rebel in Ireland, and the Pope's Nuntio there. The antimonarchical marquis of Argyle in Scotland; the Parisian, Norman, and Picarde Rebels in France; and the Rebel King of Portugal. If danger be not held so close to your eyes that you cannot discern it, look about you English. But this Kingdom is not to be saved by Men that will save themselves; Nothing but a Private hand, and a Public spirit can redeem it. 63. Master pryn's second Letter to the General. The 3. jan. 1648. Master Pryn sent a Letter to the General, demanding what kind of Prisoner, and whose he was? as followeth: * To the Honourable, Thomas Lord Fairfax, General of the present Army, these present. My Lord, IT is now a full Month's space since I (with other Members of the Commons House) have been forcibly apprehended and kept Prisoner by some of your Officers and Marshal, against the Privileges of Parliament, the Liberty of the Subject, the Laws and Statutes of the Realm, and all rules of justice, conscience, and right reason; without the least shadow of Authority, or any cause at all yet made known to me, of which (were there any) neither God nor man, ever yet made your Lordship or your Officers, judges. I therefore desire to know from your Lordship, what kind of Prisoner I am? and whose? If a Prisoner of peace, neither your Lordship, nor your Officers, are any justices of peace, or Civil Magistrates in this place, to restrain me for any civil crime, were I guilty of it, much less without proof or hearing, in case I were no Member: but being neither guilty nor accused of any such crime, and a Member too, no Magistrate can, nor aught to imprison me upon any pretext, at least without the Houses licence first obtained. If a prisoner of War, which I cannot probably be, being never in Arms, and apprehended near the Commons House door, going peaceably and unarmed thither to discharge my duty; than you, and your Officers thereby acknowledge, That you have levied War against the Parliament, and its Members: and what capital offence this is, and what a punishment it deserves, I need not inform your Lordship, or your Council, who have for this very crime, condemned and shot some to death, as Traitors: and demanded speedy justice and execution for it upon the King himself. I have but one thing more to trouble your Lordship with, and that is, to demand whose Prisoner I am? having yet seen no Warrant nor Order from yourself, or your Officers, for my restraint, though I have oft demanded it of your Marshal: If your Lordship's Prisoner, there appearing yet no legal Authority, cause, or Warrant, for my restraint; I must then crave so much justice from your Lordship (being but a Subject, and not yet paramount all Laws) to order your Attorney to give an Appearance for you in the King's bench, the first return of the next Term, to an action of false Imprisonment, for this my unjust restraint; which I intent (by God's assistance) effectually to prosecute. If your Officers Prisoner only and not yours, which I conceive, who yet abuse your name and authority herein, though it be a rule in Law & Divinity too, Qui non prohibet malum quod potest; jubet; yet I shall be so just as to set the saddle upon the right horse, and commence my action only against such of your Officers, who have been most active in my Imprisonment, for damage and reparations; which if there be any justice remaining under Heaven, I doubt not but I shall recover in Gods due time, in this public cause which so highly concerns the honour, freedom, and Privileges of Parliament, and Subjects Liberties; for defence and maintenance whereof, as I have hitherto spent my strength, adventured my life, body, liberty, and estate; so shall I now again engage them all, and all the friends and interests I have in heaven and earth, rather than they shall suffer the least diminution, prejudice or eclipse by my stupid patience under this unjust captivity; though I can as willingly forgive and put up private injuries, when the public is not concerned, as any man. All which, I thought meet to inform your Lordship of, whom I am hearty sorry to see so much dishonoured, abused, and misled by rash ill-advised Officers, and dangerous, destructive (and I dare say jesuitical) counsels, to the Parliaments dissipation, the Kingdom's prejudice, Ireland's loss; most good men's and Minister's grief, your best Friends astonishment, your Enemies and the Papists triumph, our Religion's scandal, and your own dishonour: which I beseech you as an Englishman, a Christian, a Professor of piety and Religion, a Soldier, a General, to lay sadly to your heart, as the earnest request of From my Prison at the Sign of the Kings-head in the Strand, 3 janu: 1648. Your Lordship's faithful Friend and Monitor, William Pryn. * An additional Postscript. WE read, Luke 3.14. that when the Soldiers demanded of john Baptist, saying, and what shall we do? he said unto them, Do violence to no man, (or put no man in fears) neither accuse any falsely, and be content with your allowance: not imprison, depose, or murder Kings, pull down Parliaments, imprison, violently shut out and drive away Parliament-men, and then lay all false accusations and scandals upon them to colour your violence, subvert Kingdoms, altar States, break all bonds of Laws, Oaths, Covenants, Obligations, Engagements to God and Men; usurp all civil, military and Ecclesiastical power, and the King's Royal Palaces into your own hands, as supreme Lords and Kings; raise what new forces, and leavie what new Taxes you please, take up what Free-quarters and Houses, seize and plunder what public Treasuries & moneys you please, without Commission or Authority, obey niether God nor Man, neither Parliament nor Magistrate, and be content with nothing, but altar and subvert all things. These are Saint Peter's new Doctrines and Revelations, to our Officers and Soldiers now, & those Jesuits who lurk amongst them, not john the Baptist, whose Canonical advice is now rejected as Apocryphal, even among the Army Saints, who prefer every ignis fatuus, though from Douai or Rome itself, before this burning and shining old light, and are guided only by a new minted law of pretended providence or necessity of their own forging, and not by the revealed will & law of God, the sacred light whereof their present works of darkness dare not approach, lest they should be reproved & condemned by them. But some 43. Actions of false imprisonment by the imprisoned, & 150. Actions of the Case by the secluded Members, brought against these domineering lawless Officers & Grandees of the Army, wherein good Damages will be recovered, & some 12. Indictm: of High Treason against them for laying violent hands upon the King's Person, & the Members, and levying War against the Parliament, will teach them more obedience, humility, & modesty than either john Baptist, Saint Paul, Saint Peter, or Saint Peter will do; and be like Gideon thorns and briers of discipline to these men of Succoth, with whom no fair means will prevail; who might have learned so much law and justice from an Heathen Soldier and Governor Festus, Acts 25.27. It seemeth unto me unreasonable to send (much more to commit) a Prisoner, and not withal to signify the crimes laid against him; and come short of that ingenuity of the heathenish chief Captain who seized upon Paul, thereby to appease the Tumult at Jerusalem, Acts 22.27, 29. who as soon as ever Paul told him, he was a Roman, & Freeborn; then strait way they departed from him who should have examined him; and the chief Captain also was afraid, after he knew that he was a Roman, and because he had bound him. And should not false imprisoning of a Parliament-man & Freeborn Englishman be as formidable to our chief Captains (being a Christian, I say, sworn and vowed to defend the Houses Privileges, and Members Persons) as the Imprisonment of a Roman was to this chief Captain, & they as ingenious and just as he, who shall rise up in judgement against them, and condemn them at the last. I shall close up all with this observation, That as the most glorious Angels in Heaven, when they fell (through pride and ambition, as most conceive) became the very foulest Devils in Hell; so the most resplendent seeming hypocritical Saints when they fall through the like sins, and have power in their hands, become the most incarnate Devils, and Monsters of treachery and tyranny upon earth, exceeding Turks and Pagans therein, of which we have now sad experience in our Army-Saints, who every day aggravate, and yet justify their impieties & exorbitances, 2 Chron. 28.11. Now hear me therefore, and deliver the Captives again, which ye have taken Captives of your Brethren; for the fierce wrath of God is upon you. Will: Pryn. 64. Another forged Letter endeavoured to be fastened upon Sheriff Browne. The Saints having nothing to say against Major Gen: Browne, (unless they should accuse him for being true to King, Parliament, City, & Kingdom, & to all the first declared Principles of this Parliament) fell to their old trick to fasten another counterfeit Letter upon him: wherefore a Man coming to S. James' (where he was then imprisoned) desired in the hearing of all present, to speak with him in private: Major G. Browne told him He was not for private conference, & bade him speak openly; then the Fellow presented a Letter to him, saying, It was from the Prince: but Maj: G. Browne (remembering the like trick put upon him before) called for the Guard to apprehend him, when presently the Messenger threw te Letters into the fire, and the Marshal catching them out halve burnt, affirmeth, He saw Charles Prince, written upon them. Sanctified eyes may see through the spectacles of their own fantasy what they please, to accomplish their Design, & therefore they have a new principle or light (which as the 7. May, be added to the aforesaid 6.) that though they have no proofs nor evidence against a man, yet if in their consciences, they think him guilty, they may condemn him upon the testimony of their own consciences; this is to condemn by Revelation such whose blood they desire to suck. This supposed Messenger from the Prince was seized by the Guard, but no proceed against him heard of; which argues it was but a snare set to catch the Major. About this time (to second this device) a Man gallantly clothed, and mounted, comes to the Bear in the Strand, 65. Another more general forgery to endanger whom the Faction please. It will be proved that divers Witnesses have been practised & tampered with against, Mr. Browne and others. gives the Ostler a Piece, & bids him have a care of his Horse; then goes into the City, & (the plot being forelaid) was taken there with Letters subscribed with the Prince's name to divers Citizens, & Members, against whom they want matter of accusation. I hear no more of this matter yet, this is a device dormant, to be awakened hereafter, if any shall oppose the present actings of the Army and their Parliament. Cromwell, Ireton, and Hugh Peter have several times made it their errand to go into the City and visit the Ministers, 66. London Ministers threatened. See the Ministers of London's Letter to the General, called, [A serious Representation.] dated, jan. 18. 1648. giving them threatening admonitions, not to Preach any thing against the Actings of the Army and their Parliament: But Hugh acted his part above them all, he took some Musketeers with him to the house of Master Calamy, & knocking at the door, a Maid asked whom he would speak with? he told her, with her Master; she asked his name? he replied, Mr. Hugh Peter's: the Maid going up the stairs to acquaint her Master (who was above-stairs in Conference with sums Divines) overheard Peter say to the Soldiers, The very name of Peter's will fright them all: Peter being called up the stairs, told Mr. Calamy, He was commanded by the General to warn him to come before him: Mr. Calamy (leaving Peter's vapouring & canting Religion and nonsense to the rest of the Divines) slipped down stairs and went to the General to know his pleasure, telling him, He had been summoned before him by Hugh Peter's: the General said, Peter was a Knave, and had no such directions from him. Since this, the Council of War (finding it difficult to stop the Ministers mouths) have sundry times debated, 67. The C. of War consider how to shut up the Church's doors. How to shut up the Church's doors in the City, for Reformation of the Church, and propagation of the Gospel: they have imprisoned Mr. Canton (a worthy Minister) for praying for King CHARLES, & threaten to try him for his life in the Upper Bench (forsooth) which all the Laws call, the Kings-bench: and upon their new Acts of Parliament, made by a ninth part of the Members, the small remnant or Junto of the House of Commons; notwithstanding, by The Directory for Public Worship, (established by both Houses) the Ministers are enjoined to pray for the King. It is said that Monsieur Paux (one of the Dutch Agents here) hath advised Cromwell, to stop the Ministers mouths by hanging up a dozen of them; and vouches a precedent for it in the Low Countries. 68 The Lords sent some Votes to the Commons for their concurrence. jan. 9 The Lords sat again and passed some Ordinances, which they sent down to the Commons for their concurrence, to feel their pulse whether they would vouchsafe to take so much notice of them, the Commons laid them aside after some expressions of disdain. 69. Sergeant Dandy proclaimeth the sitting of the new H: Court of justice. This day Sergeant Dandy, Sergeant at Arms to the Commissioners for Trial of His Majesty, road into Westminster-hall with the Mace belonging to the House of Commons upon his shoulder, & some Officers attending him, all bare, and 6. Trumpeters on horseback before him, Guards of Horse & Foot attending in both the Palace-yards, the 6. Trumpeters sounded on horseback in the middle of the Hall, & the Drums beat in the Palace-yards, after which a Proclamation was read aloud by Mr. King, one of the Messengers of the said High Court of Justice, to this purpose; To give notice, that the Commissioners were to sit to morrow, and that all those that had any thing to say against CHARLES STVART King of England might be heard. The like was done in Cheapside, and at the Old Exchange. 70. The Gr: Seal voted to be broken. This day the remainder of the House voted their Great Seal to be broken, in order to the making of a new one, justly putting the same affront upon their own Seal, which they had formerly put upon the Kings. 71. Mr. pryn's Memento to the unparliamentary junto. Upon these occasions Mr. Pryn (it is said) published his Memento to the unparliamentary Junto, therein telling the House, That being forcibly secluded from the House by the Officers of the Army's violence, whereby he could not speak his mind to them freely in, or as the House of Commons, yet he would write his thoughts to them as private Persons only under a force, consulting in the House without their fellow Members advice or concurrence, about speedy Deposing and Executing CHARLES their lawful Sovereign, to please the General, Officers, and Counsel of the Army, (who have usurped to themselves the Supreme Authority both of King and Parliament) or rather the jesuits and Popish Priests among them. 1. By the Common Law the Stat. 25. Edw. 3. Cok. 5. justi. 4. 1. Stamf. Pleas of the Crown, l. 1. c, 1, 2. and all other Acts concerning Treason, It is High Treason for any man by overt act to compass the death of the King, or his eldest Son, though never executed: and so adjudged by Parliament in the Earl of Arundels' Case, 21 Ric. 2. Plac. Coronae, n. 4, 6, 7. 2. In the Oath of Allegiance (which every man takes before he sits in Parliament) you acknowledge Him to be lawful and rightful King of this Realm; and that the Pope neither of himself, nor by any authority of the See of Rome, or by any other means, with any other, hath any Power or Authority to depose the King, etc. 3. Yourselves amongst other Members, Exact Collect p. 16. 19 21. 59 66. 83. 102. 103. 118. 123. 125. 141. 142. 143. 173. 180. 195. 219. 259. 281. 307. 380. 312. 360. 376. 457. A Collect. etc. p. 13. 18. 41. 43. 44. 49. 51. 61. 64. 96. 181. 182. 310. 321. 424. 425. 499. 599 623 696. 806. 807. 879. Appendix p. 15. in above one hundred Remonstrances, Declarations, Petitions, Ordinances, etc. in the name of the Parliament have professed, you never intended the least hurt, injury, or violence to the King's Person, Crown, Dignity, or Posterity; but intended to Him and His Posterity more Honour, Happiness, Glory, and Greatness than ever any of His Predecessors enjoyed. That you would make good to the uttermost with jour lives and fortunes the Faith and Allegiance you have always borne to him. That all Contributions, Loans, should be employed only to maintain the Protestant Religion, the King's Authority, Person, Royal Dignity, Laws of the Land, Peace of the Kingdom, and Privileges of Parliament. That the Forces raised by the Parliament were for defence of the King's Person, and of both Houses. That the Parliament will ever have a care to prevent any danger to His Person. That they are resolved to expose their lives and fortunes for maintenance of the King's Person, Honour, and Estate, and the Power and Privileges of Parliament, when the King taxed the Houses for insinuating. Exact. Collect. pag 298. 695. 696. 657. 658. 991. That if they should make the highest precedents of other Parliaments their patterns (that is, Depose the King) there could be no cause to complain of them: Both Houses by two Declarations protested against it, saying, That such thoughts never entered, nor should enter into their Loyal hearts. 4. By the Protestation, Collect. of all Orders, p. 8. 13. 41. 43. 44. 49. 51. 61 64. ●6 9●. 623. 69●. 879. Appendix pag. 15. they Declare in the presence of God to defend the King's Person and Estate, and that their Armies under Essex and Fairfax were raised for that purpose inter alia. 5. By the Nationall Covenant, they vowed to defend the King's Person and Authority in preservation of true Religion and Liberties of the Kingdom, and that they will all the days of their lives continue in this Covenant against all opposition. 6. You monopolise the Supreme power into your own hands, robbing both King, Lords, & the rest of your fellow Members thereof, whom you are content should be violently shut out by your Army, who have levied War against the Parliament to dissolve it; till the removal of which force, and restoring your Members with freedom and safety, you ought not to sit or Act by your Armies own doctrine in their Remonstrance, Aug. 18. & by the Declaration and Ordinance of both Houses, Aug. 20. 1647. Also, 15. E. 3. n 5. 17. E. 3. n. 2. 6. 18. E. 3. n. 1. 2. 5. etc. ● R. 2. n. 1. 2. R. 2. n 1 3. R. 2. n. 1. 4 R. 2. n. 1. 5. R. 2. Parl: 1. n. 1. Parl. 2. n. 1. 8 H. 4. n. 28. Sec. 21. R. 2. c. 12. 1. H. 4. c. 3. 31. H. 6. c. 1. 39 H. 6. c. 1. See the memorable Record, 6. E. 3. Parl. apud Ebor. n. 1, 2. dorso clauso. 6 E. 3. m. 4. 6 E. 3. apud Westm' Parl. 2. n. 1, 13. E. 3. Parl. 2. n. 4. & many more Rolls, where Parliaments when any considerable number of Members of either House were absent, refused to sit (though under no force) till the Houses were full. 7. You have neither Law nor precedent for what you do, Edw. 2. Rich. 2. were forced by Mortimer and H. 4. to resign their Crowns in a formal way, one to his Son, the other to his conquering Successor, neither of them to the Parliament, and at last Deposed by a subsequent Sentence of Parliament, as unfit to Reign, without any formal Trial. * 72. The Army's party in the H: approve the matter of the Co: of Officers accusatory Ans. against the secured Memb: without hearing them See Mr. Io: Grere●s Ans: to that silly Sophister Io: Goodwin, called Might overcoming right. jan. 11. 1648. The House read the Answer of the General Counsel of the Army, concerning the secured & secluded Members, and (as I have formerly said) without hearing what the said Members could say for themselves, approved the matter of it: whereupon the secured and secluded Members, 20. jan. 1648. (with much ado) got printed their Vindication, against the Aspersions cast upon them in The humble Answer of the General Counsel of the Officers of the Army, concerning the securing & secluding of the said Members: The sum whereof is as followeth: By the Preamble of this Answer, & by the Proposals of the 6. Decemb. and the late Declaration and Remonstrance therein cited, 73. The sec. & secls: Mem. Defence against the scandalous An: of the C: of W: it appears this design to break the House by force hath been long since plotted and contrived with action. The General Council of the Army in their said Answer, say, Is a course in itself irregular and not justifiable, but by honest intentions and extraordinary necessity: the weakness of which Answer we must examine, but first must state the case between us: They are an Army raised by Ordinance of Parliament, of 15. Febr. 1644. for defence of King and Parliament, the true Protestant Religion, the Laws and Liberties of the Kingdom, and to be from time to time subject to such Orders and directions as they shall receive from both Houses of Parliament: and to this end they stand Commissioned by them, and receive pay from them to this day. And besides this trust thus lying upon them, they are under the obligation of a solemn Covenant, sworn to God, That they will in their place and callings, with sincerity, reality, and constancy with their estates and lives, preserve the Rights and Privileges of the Parliament, and the Liberties of the Kingdom, and defend the King's Person and Authority in defence of the true Religion, and Liberties of the Kingdom; they being under the said trusts and Oath, march up to Westminster (contrary to order) in a hostile way, forcibly secured, secluded, & drove away many of the Members: the Question is, Whether this Action be justifiable upon pretence of Honest intentions and Necessity? Their good intentions cannot be known but by their expressions and actions; and they refer us to their Proposals, Declarations, and Remonstrances, where we find their desires are: 1. To take away the King's life. 2. To take away the lives of the Prince, and the Duke of York; at least to disinherit both them and all the King's Children. 3. To put a period to this Parliament. 4. To set up a new Representative of their own, which takes away all Parliaments. 5. To have an Elective King, if any. These are their Honest intentions for public good, which must come in to justice their waging war against their Masters this Parliament: To name them, is to confute them, as being apparently against the Laws of God and the Land, under which they live, & which they are engaged to maintain; we shall produce no other Witnesses to prove this but themselves. On the 15. of Novemb. 1647. The Agreement of the People, (which is lower in demands than these which they call, Honest intentions for public good) was condemned by the Army. The promoting it in the Army judged mutinous and capital; Col: Rainsborough and Major Scot complained of in the House for appearing in it, and the Paper itself adjudged by the House, destructive to Government and the being of Parliaments. The second pretence or Principle is, Extraordinary Necessity for the same end. To this we say, 1. The Army made the same plea of necessity in their Remonstrance, june 23. 1647. upon quite contrary grounds to what they express now, & both to justify the same violent proceed against the Parliament, then, when the King was seized upon by a Party of the Army (without Order from the House) & the Army advanced against the Parliament. They say in their Letter to the House, july 8. 1647. There have been several Officers of the Army upon several occasions sent to his Majesty; the first, to present to Him a Copy of the Representations; and after that same others, to tender Him a Copy of the Remonstrance: upon both which, the Officers sent, were appointed to clear the Sense and intentions of any thing in either, Turn back to sect. 2 and see my Aniadvers: upon the Army, 20. Nov, 1648. p. 4, 5, 6, 7. Paper, whereupon His Majesty might make any Question. There the Army Treated with the King, yet now they offer violence to the Parliament for Treating with the King. Then in their Remonstrance, 25. june, 1647. they say, We clearly profess, we do not see how there can be any peace to this Kingdom firm and lasting without a due consideration of, and provision for the Rights, quiet, and immunities of His Majesty's Royal 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 reasonable the King should be sole judge of public necessity in case of Shipmoney. Return to sect is where I set down 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 general plea of necessity serve to justify 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 public Necessity? 2. This Principle (Necessity) is destructive to all Government, for as the General Officer urgeth necessity for acting against the commands and Persons of his Superiors; and arrogates to be Judge of that Necessity, the Inferior may urge the same Necessity (in his judgement) to act against the commands of his General. The Soldiers 'gainst their Officers: any other 20000. men in this Kingdom 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 Writ of Election, though their election from the people: See the Writ, Crompton's Iurisdict: of Courts, Tit: Parliament. being trusties 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 judgements, not according to the judgements 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 only 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 only contrary to the Armies trust, but against their Covenant and Protestation: the breach whereof being a moral evil cannot be made good by honest intentions and necessity. The particulars of the said General 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 sum is, That by the endeavours of some old Malignant Members, In all new Elections there were 2. Independents chosen for one of any other principles, Independents were then Commissioners for the Great Seal, ●●d livered Writs to men of their own Party, who had the advantage to keep them, and choose their own time to deliver them: and Soldiers (under colour of keeping the peace) became great Sticklers in Elections. and by practices used in new Elections there came in a flood 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, unless the major part of the House were always such, & before the new Elections. It is not hard to show 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 would neither go for Ireland themselves, nor suffer others to go, 1. part sect. 16. & 55.57. 1. The betraying of Ireland into the Enemy's hands, by recalling the Lord lisle from his command there, and putting the best part of the said Kingdom 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 Wars in England, when they had little other Interest there, This Lo: went late, carried over 160000 l. for which he hath not yet accounted, began a quarrel with In hiquine & put him into discontent, & then returned. See the Irish Letters & Papers to the House in print. and less means to relieve them; the Lord lisle was not recalled from his Command there, but his Commission for Lord Lieutenant expiring, 15. April, 1647. on the 17. April, he hoist sail for England: after the Lord Lysles return for England, the Lord Inchiquine did gallant service against the Rebels, took 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 until 3. April, 1648. when (the Army having led the way) the Lord Inchiquine (taking distaste 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 appear. 2. Their endeavours to bring in the King upon His own Terms, without satisfaction and security to the Kingdom, 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 general, 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 high'st distempers as have since ensued. 3. That they endeavoured to protect the 11. impeached Members from justice, and with them to raise a new War. To this we say, See my 1. part. sect. 16.17,18. & my said Animadversions, pag. 2. neither were they legally impeached. See Ardua regne, or twelve arduous doubts written 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 Lo●tus, and others, for service of Ireland, and above 50000l. to the Treasurers at War for the Army; which may more reasonably be said to be misemployed (because the Army had an established pay another way) than what the Reformado Officers and Soldiers (who obeyed the Orders of the House for Disbanding) received, who nevertheless pressed upon the House the more earnestly for their Arrears, after the Declarations and Remonstrances published by the Army for paying the Arrears of all the Soldiers of England. 4. Their countenancing, abetting, There was a close Inquisition of Godly Cutthroats purposely chose to examine this Tumult; which proceeded illegally. & used so much foul play as to accuse men upon characters of their clothes & persons; yet malice itself 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 justify the violence acted upon the House by themselves, of a much higher nature. This is a mere fiction of the Penmans', which we do every one of us for ourselves respectively deny. 5. The holding correspondency, engaging, and assisting the tumultuous Petitioners last Spring, the rebellious Insurrections in Kent, the Revolted Ships, Prince of Wales, with the Scots Army: We do every one of us for ourselves respectively deny these. 6. That when the Army was dispensed and engaged in several parts, etc. and many faithful Members employed abroad upon public 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, etc. Then they recalled those Votes for Non-Addresses, and voted a Personal Treaty. To this we say, that if the proceed 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 what use they make of providence in the 2. part of England's new Chains. and form to serve the King's corrupt Interest? why did they force from the House above 200. Members at once; the Counties never expressed so high contempt of the Parliament, until the like had been first done by the Army's quartering upon 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 Kingdom, yet they said nor acted nothing in relation to the Parliament, nor any Member thereof, until by the Vote passed, Decemb. 5. they found the corrupt majority so resolvedly bend to complete their Design in bringing in the King. Do they call their threatening 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 appears that this Vote, 5. Decemb. is the very point of that necessity they now rely upon to justify their force upon the House: For, before that passed, they say, They acted nothing, etc. we must now state the difference between the Houses Propositions, See Mr. Pryn's said Speech in the House, ●. Decemb. 1648 more at large. and the King's Answers, and see whether the King did not grant all those Propositions in which te main security of the Kingdom resteth. He granted the first Proposition for taking off all Declarations; as was desired. And the third Proposition for the Militia, as was desired. He assented to the Proposition for Ireland; limiting the time of the Parliaments disposing Officers there to 20. years. He consented to such Acts for public Debts and Public Uses, as should be presented within 2. years, and incurred within that time. He granted the Proposition concerning Peers, as was desired. He granted the Disposing Offices in England, to the Parliament, for 20. years. He granted the taking away the Court of Wards, having 100000 l. per ann. in lieu thereof to be raised as the Parliament should think fit. He granted to Declare against the marquis of Ormond's power and proceed after an Agreement with the Parliament. The only difference therefore remained upon two Propositions: 1. Delinquents. 2. The Church. For Delinquents, though He doth not grant all, His Majesty consented they shall submit to moderate Compositions, according to such proportions as they and the two Houses shall agree. 2. He disableth them to bear Offices of Public 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 Legal Trial; and Declares, He will not interpose to hinder it: which satisfies the main complaint of the Parliament, which was (in the beginning of the War) That the King protected Delinquents from justice. And all that the House desired in the Propositions presented to Him at Oxford, Febr. 1642. was, That His Majesty would leave Deliquents to a Legal Trial and judgement of Parliament. But that His Majesty should join in an Act for taking away the Lives or Estates of any that have adhered to Him (He truly professeth) He cannot with justice and Honour agree thereto. 4. Nor do we see how Delinquents (being left to the Law) can escape justice, the King having granted the 1. proemial Proposition, & (so by a Law) acknowledged the Parliaments Cause and War to be just. For the Church. The Houses propound the utter abolishing of Archbishops, Bishops, etc. The Sale of their Lands, that Reformation of Religion be settled by Act of Parliament as both Houses have, or shall agree. The King's Answer takes away Church-Government be Archbishops, Bishops, etc. by taking away their Courts and Officers, and so fare takes away their power of Ordination that it can never be revived again but by Act of Parliament; so that Episcopacy is divested of any actual being by the Law of the Land, & instead thereof the Presbyterian Government settled for three years by a Law● which is for so long a time as the Houses formerly in their Ordinances presented to Him at Newcastle did themselves think fit to settle it: For the Sale of Bishop's Lands upon the Public Faith; we say, Every cheating Saint of the Faction must have the Public Faith exactly kept, though he bought the Lands but at 2. or 3. years just value, and with such moneys as he t'had formerly cheated the State off; when other men who have lost the best part of their Estates by and for the Parliament, for compensation whereof they have the Public Faith engaged by Ordinances, are consumed by Taxes, and repaid with reproaches only. That although the Purchagers might well have afforded to have given the same rates for their purchases (which they now give) if they might have had them assured by Act of Parliament for 99 years, and such moderate Rents reserved as the King intimates in his Answer; yet (in His Answer) He expresseth a farther satisfaction to be given them: upon which we should have insisted, notwithstanding the said Vote. 5. Decemb. 1648. We farther allege, That the King having granted the rest of the Propositions, and so much in these 2. Delinquents, and the Church; the Nationall Covenant doth not oblige us to make War upon this point: nothing can make Presbytery (nor the Purchasers of Bishop's Lands) more ordious, nor endanger them more, than to make them the sole obstacle of peace, nor could any thing more work the King to comply with our desires herein, than for us to draw a little nearer Him. The Considerations leading us to pass the said Vote, 5. Dec. 1648. come next to be considered: 1. The saving of Ireland. 2. The Regaining the Revolted Navy and freedom of the Seas. 3. The support of the Ancient Government of the Kingdom. 4. The putting the people into a secure possession of their Laws and Liberties. 5. The avoiding such evil consequences as were apparently to follow a Breach with the King. Return to sect, 71. As 1. the Deposing the King, if not the depriving Him of life: whereupon floods of misery will follow, and schandall to the Protestant Religion, which we (from our hearts) detest & abhor: see the many Declarations of Parliament against it. 2. The necessitating of the Prince to cast himself into the Arms of foreign Popish Princes, & embrace Popish Allyances for his succour. 3. It may beget a change of Government, and a laying aside of Monarchy here: and so a Breach with Scotland, and this Kingdom (being the more rich) likely to be the Seat of the War. 4. The vast Debts of this Kingdom upon the Public Faith, will never be paid in War, but increased and multiplied: multitudes of Sufferers by, and for the Parliament like to be repaid only with new sufferings, & every years War destroys more Families, and makes more Malignants through discontenting pressures: until at last the Soldier seeing no hope of pay, the People no hope of peace and case, fall together into a general and desperate tumultuousness; the power of the Sword apparently thereatning a dissolution of Government both in Church and Commonwealth. To that scandalous Objection, which saith, The corrupt majority will not lend an ear to admit a thought towards the laying down their own power, or rendering it back to the People from whom they received it. We say, this Objection is unreasonable from men who endeavour to perpetuate an Army upon the Kingdom: nor is the continuance of this Parliament singly objected, but that they will not render it back to the People, viz: To a new Representative, invented and made by the Army, that is, We will not render our power into the hands of the Army. Another Objection is, That watsoever the King granted, He might plead Force to break it, and spoil us by policy. This Objection might have been made against all our Treaties: If there be any Force, it is from the Army, for spoiling us by policy. The Kings of this Land could never encroach upon our good Laws, but by corrupt judges and Ministers, who though they could not abrogate the Law, made it speak against itself, and the intended good of the People; or else by the power of Courtiers, stopping the course of justice at the Council Table; and in other Arbitrary Courts: both which are taken away by the King's Concessions. 1. That the Nomination of judges and Officers be in the Parliament. 2. That the King make no new Parliament Lords for the future to Vote there. Another Objection is, That they had intelligence, that had they been suffered to meet all in the House once more, For this you must take the faith of the misty brained Penman, who had this (as well as many other gross Lies) by Revelation. The Army had had the King in their power, and had the Parliament adjourned, the sole power of the Kingdom had been left in the Army; which is a thing aimed at by them. it was designed to have passed some higher resolutions, to lay farther foundations of a new quarrel, so as to carry therein the name and countenance of Parliamentary Authority together with the Kings, upon an acceptable pretence of Peace, to draw men in, and then to have adjourned the Parliament for a long time, excluding all remedy in this case but by another War. To this we say, the House immediately upon passing the Vote, 5. Decemb. Sent a Committee to the General to confer with him and his Officers, and keep a good correspondency with them: To which, the General promised his readiness; howsoever it was hindered afterwards. And then they seized upon one of the Commissioners appointed to Treat, affronted another, and left no way free for a Conference, which shows they were resolved to do what they had designed. The last Obj. is, That those Members that are yet detained in Custody, are either such as have been formerly Impeached, and (in part) judged by the House for Treason, and other Crimes, and never acquitted, and against whom they can, and very shortly will produce new matter of no l●sse crime; or else such who have appeared most active and united in Counsels with them: against whom also they are preparing, and shall shortly give matter of particular Impeachment. To this we say, that when it appears what those crimes are, and what persons are charged with them, we doubt not but they will sufficiently acquit themselves, if things may be Legally carried in a judicial way by competent Judges not preingaged. In the mean time we conclude, That Soldiers, whose advantages arise by War, are not fit to judge of the Peace of the Nation. 74. A Declaration by Mr. Walker, and Mr. Pryn. The 19 jan. 1648. Mr. Pryn, and Mr. Walker, (two of the secured Members) published in print their Declaration and Protestation, against the Actings and proceed of the Army and their Faction now remaining in the House of Commons: as followeth: A Declaration and Protestation of Will: Pryn, and Clem: Walker, Esquires; Members of the House of Commons; Against the present Actings and Proceed of the General, and General Council of the Army, and their Faction now remaining and sitting in the said House. WHereas long since, for ease of the People, both Houses in a full & free Parliament Voted the Disbanding of this Army: in opposition to which, some great Officers of the said Army, (to continue their rich Commands) with some Members of the House of Commons, (who daily enrich themselves by the troubles of the times) secretly mutinied the Army against the Parliament. And whereas, lately the fare major part of the House of Commons, pitying the bleeding condition, and tears of the oppressed People, Voted, and entered into a Personal Treaty with the King: without which (by the Armies own confession in their Remonstrance at Saint Albon, p. 64.) there can be no peace; which the Army interrupted by obtruding upon the Commons a treasonable Remonstrance, 20. Novemb. 1648. tending to destroy the King, and His Posterity, and wholly to subvert all Parliaments, Religion, Laws, & Liberties for ever; whereby the Commons in Parliament found it absolutely necessary to prevent such pernicious innovations, by concluding a safe peace with His Majesty; whereupon (after mature debate) the House of Commons the 5. Decemb. 1648. Voted, That the Kings Answer to the Propositions of both Houses upon the Treaty, were a ground for the Houses to proceed to the setlement of a safe and well-grounded Peace: Upon which, the General, and Council of War, Wednesday morning, 6. December, 1648. Seized & Imprisoned 41 of the Members going to the House of Commons to do their Duty, secluded above 160. other Members, besides 40. or 50. Members who voluntarily withdrew themselves to avoid their violence, leaving only their own engaged party of 40. or 50. Members sitting, who now pass Acts of Parliament of the House of Commons (as they call them) without the Lords; and comply with the said Council of War, to carry on the said Remonstrance: To which purpose this present remnant of the Commons have unvoted in a thin House, under the force of the Army, what was deliberately Voted in a full and free House; whereas by their own Ordinance passed upon the Tumult of Apprentices, 20. August, 1647. to null, and make void ab initio, all Acts, Orders, Votes, etc. passed under the said force: This remaining Party ought not to sit, act, nor take upon them the style of a House, under so visible, actual, and horrid a Force. The premises considered, We, whose names are hereunto subscribed, Members of the House of Commons, do declare & protest, That the said General, Commissioned Officers, & General Council of the Army, by the said act of violence, upon the major part of the House, which legally and virtually is the whole House, have waged War, and Rebelled against the Parliament their Masters, who raised them to defend the Privileges of Parliament, & the King's Person & Authority, in defence of Religion, Laws, & Liberties, and have thereby forfeited their Commissions, and have broken and dis-continued this Parliament; so that, until this force be removed, punished, the Honour of the Parliament and their wronged Members vindicated, and all the Members resummoned, all the Votes, Orders, & Actings, Passed, and to be Passed by this nominal House of Commons, are, and will be void, ab initio, and all such as do, or shall obey them, are and will be punishable, both by the Armies own judgement in their Remonstrance, August 18. and by the Houses Declaration, and the said Ordinance, 20. August, 1647. We do farther declare & protest against this present House of Commons illegal Acts, Order, or Ordinance, for erecting a High Court of Justice, & usurping a power without any Law or precedent, to Try, Depose, and bring to capital punishment the King, and to Disinherit His Posterity, or any of them, and against the said General Council of Officers, aiding and abetting them therein, as highly impious against the Law of God, Nations, & the Protestant Profession, Traitors against the Stat. of Treasons, 25. Edw. 3. and against all Laws and our Statutes; perjurious and perfidious, against the Oaths of Allegiance, Supremacy, Nationall Covenant, and Protestation; all the Parliaments Declarations & Remonstrances held forth to the world; their Treaties and promises made to the Scots when they delivered the King's Person into our hands; against our promises made to the Hollanders, and other Nations, and against all the Professions, Declarations, Remonstrances, and Proposals made by this Army, when they made their Addresses to the King at New-market, Hampton-Court, and other places. january 19 1648. William Pryn. Clem: Walker. About this time the General Council of Officers at White-Hall, ordered, 75. The Count: of Officers order 2. Petit: for the Com: House, 1. against Tyths, 2. against the Stat. for Banishing the jews. 76. Col. Tichburnes Pet: and Complaint against the Ld. Mayor, & their Orders thereupon. The like Petitions were invited from most Counties, where a dozen Schismatics and two or three Cloaks represented a whole County. That two Petitions (or mandates rather) should be drawn, and presented to their House of Commons; One against Payment of Tithes; the other, for Repealing the Act for Banishment of the jews. Here you see they shake hands with the Jews, and crucify Christ in his Ministers, as well as in his Anointed, the King. About this time Col: Tichburne, & some schismatical common-councel-men, presented a Petition to the supreme Authority the Commons in Parliament, demanding justice against all grand and capital Actors in the late Wars against the Parliament from the highest to the lowest: the Militia, Navy, and all Places of power to be in faithful hands, (that is, in their own Faction, all others being displaced under the general notion of Disaffected) to settle the Votes, (That the supreme Authority is in the Commons in Parliament assembled.) They complained, That the Lord Mayor, and some Aldermen, denied to put their Petition to the Question at the Common Council, and departed the Court, with the Sergeant and Town-Clerke, That the Court afterwards passed it Nemine contradicente. The Commons thanked the Petitioners (for the tender of their assistance) and Ordered, That the Petition should be entered amongst the Acts of the Common Council, and owned them for a Common Council notwithstanding the departure of the Lord Mayor, etc. And about four or five days after, the Commons Ordered, * See a just & solemn Protest: of the free Citizens of London, against the Ordinance, 17. Decemb, 1647. disabling such as had any hand in the City Engagement to bear Offices. That any six of the Common Council, (upon emergent occasions) might send for the Lord Mayor to call a Common Council themselves, and any forty of them to have power to Act as a Common Council without the Lord Mayor, any thing in their Charter to the contrary notwithstanding. Thus you see the Votes of this supreme thing (the House of Commons) are now become the only Laws and Reason of all our actions. 77. An Act passed for adjournment of part of Hillary Term, and the Lords concurrence rejected. The 16. jan. 1648. was passed an Act of the Commons for adjournment of Hillary Term for forty days. This was in order to the King's Trial, but the Commissioners of the Great Seal, declared, That they could not agree to seal Writs of Adjournment without the Lords concurrence, (the assent of one Lord being requisie) their tame Lordships sent down to the Commons to offer their readiness to join therein. But the Commons having formerly Voted, The Supreme Power to be in themselves as the People's Representative, and that the Commons in every Committee should be empowered to Act without the Lords. The Question was put, Whether the House would concur with the Lords herein? which passed in the Negative: so the Lords were not owned. Afterwards they ordered, that the Commoners (Commissioners for the Great Seal) should issue forth Writs without the Lords. 78. The Agreement of the People presented to the House of Commons by the Officers of the Army. Diurnal, from jan. 15. to 22. 1648. nu. 286. 20. january, Lieut. General Hammond, with many Officers of the Army, presented to the Commons from the General and Council of the Army, a thing like a Petition, with The Agreement of the People, annexed. Mr. Speaker thanking them, desired them to return the hearty thanks of the House to the General and all his Army for their gallant services to the Nation; and desired the Petition and Agreement should be forthwith printed, to show the good affection between the Parliament and Army. I cannot blame them to brag of this affection, being the best string to their bow. About this time some well-meaning man (that durst think truth in private) published his thoughts under the Title of [Six serious Queries, 79. 6. Que es concerning the King's Trial by the new High Court of justice. concerning the King's Trial, by the High Court of justice.] 1. Whether a King of three distinct Kingdoms can be condemned & executed by one Kingdom alone, without the concurrent consent, or against the judgement of the other two? 2. Whether if the King be indicted or arraigned of high Treason, he ought not to be tried by his Peers? & whether those who are now nominated to try him, or any others in the Kingd: be his Peers? 3. Whether if the King be triable in any Court, for any Treason against the Kingdom, He ought not to be tried only in full Parliament, in the most solemn and public manner, before all the Members of both Houses, in as honourable a way, as Strafford was, in the beginning of this Parliament? And whether He ought not to have liberty and time to make His full defence, and the benefit of his learned Counsel, in all matters of Law, that may arise, in, or about his Trial, or in demurring to the jurisdiction of this illegal new Court, as Strafford and Canterbury had? 4. Whether one eight part only of the Members of the Commons House, meeting in the House, under the Army's force, when all the rest of the Members are forcibly restained, secluded, or scared away by the Army's violence, and representing not above one eight part of the Counties, Cities, & Boroughs of the Kingdom, without the consent & against the Vote of the majority of the Members, excluded and chased away, and of the House of Peers, by any pretext of Authority, Law, or Justice, can erect a New great Court of Justice to Try the King, in whom all the rest of the Members, Peers and Kingdom (being far the major part) have a greater interest than they? Whether such an High Court can be erected without an Act of Parl: or at least an Ordin: of both Houses, and a Commission under the Great Seal of England? And if not, whether this can be properly called a Court of Justice? and whether it be superior or inferior to those who erected it? who either cannot or dare not try and codemn the King in the Com: House; though they now style it, The Supreme Authority of the Kingdom: & whether all who shall sit as Judges, or act as Officers in it, towards the Deposing or taking away the King's life, be not realy guilty of High Treason, and all those who were aiding or assenting to the erection thereof in such an irregular manner, by the Laws and Statutes of this Realm? 5. Whether those who are professed Enemies to the King, & by their Remonstrances, Speeches, & actions, profess they desire his blood & seek his life, can either in Law or Conscience be reputed competent Judges to try him for his life? It being a just exception to any Juryman, who is to try the basest or poorest Felon, and a legal challence for which he must be withdrawn; that he is a professed Enemy and Prosecutor who seeks his life, and therefore no lawful nor indifferent Trier of him for it. 6. Whether the trial and taking away of the King's life by such an illegal and arbitrary High Court of justice, as this, will not prove a most dangerous inlet, to the absolutest tyranny and bloodiest butchery ever yet heard of, or practised in this, or any other Nation? & a ready way to teach us, how to chop off one another's heads, till we are all destroyed? For if they may take away the King's head in it without, and against all rules of Law: then by the same or stronger reason, they may in like manner chop off the heads of any Nobleman, Peer, Member, Gentleman, or inferior Subject for any imaginary treason or offence, and confiscate their Estates, The Answer of the General Council of Officers, touching the secluded Members, jan. 3. 1648. there being no assurance they will stop at the Kings: And if those who are confessed to be the majority of the Com: House, & therefore excluded, or the Prince of Wales next Heir to the Crown, or the Malignant party, or any other Faction whatsoever which may arise, should at any time hereafter get the upperhand by the People's general adhering to them, or any divisions of the Army, or by any means God's providence should administer (who hath thousands of ways to pull down the proudest Tyrants, & dissipate the strongest Armies in a moment, as he did Senacharibs, the Midianites, the Moabites, and Ammonites, with sundry others recorded in sacred Writ, and profane Stories, and the Scots Army but few months since) they may by like authority and precedent erect the like new Court, to cut off the heads of all the Members now sitting, and of the present General Council of the Army, and all the Commissioners acting in this new Court; and so fall a murdering and butchering one another, till we were all destroyed one by another, and made a spectacle of most unnatural tyranny and cruelty to the whole world, Angels, and Men, and a prey to our common Enemies. Upon which consideration, let every man now seriously lay his hand upon his own breast, & sadly consider what the bloody tragical issue of this new Phaleris Bull, may prove to him or his; and whether every Freeborn Englishman (especially of Noblest birth, & amplest Estate) be not deeply obliged in point of prudence and conscience to use his utmost endeavour with hazard of life and estate, to prevent the erection of such an exorbitant & illegal Authority, in the very rise and foundation, ere it be over-late; & not patiently suffer a rash inconsiderate number of Hotspurs (of mean condition and broken desperate fortunes for the most part) out of private malice, fear, or designs to secure and enrich themselves by the ruins of others of better fortunes and quality; to set up such a new shambles to butcher and quarter the King, Nobles, Parliament-men, Gentlemen, and persons of all conditions, as was never heard of among Pagans or Christians, from the Creation to this present, and will no way suit with our English soil, already overmuch watered with English blood; and so deeply engaged against all arbitrary and tyrannnicall usurpations & proceed (especially capital) in any hands whatsoever, which have cost us so much blood and treasure to oppose and fight against for seven year's last passed. Saturday, jan. 20. 1648. The new thing called The High Court of justice sat: Bradshaw being Precedent, 80. The first day's Trial of his Majesty. who had the Mace & Sword carried before him, & 20. Gentlemen (forsooth) with Partisans for his Guard, under the command of Colonel Fox the Tinker. a O yes being made, and silence commanded: the said Act of the Commons for erecting the said Court was read, and the Court called, there being about 70. of the Commissioners present. Then the King was brought to the Bar by Col: Hacker with Halberdiers, the Mace of the Court conducting Him to his Chair within the Bar, where he sat. And then Pres. Bradshaw said to the King, Charles Stuart King of England; The Commons of England assembled in Parliament being sensible of the great calamities brought upon this Nation, and of the innocent blood shed (which are referred to you as the Author of it) according to that duty which they own to God, the Nation, and themselves, Prove this power & trust: The whole Kingdom (in effect) deny it. So do all our Law-books, & the practice of all Ages. and according to that power and fundamental trust reposed in them by the People; have constituded this High Court of justice, before which you are now brought, and you are to hear your Charge upon which the Court will proceed. Solicitor Cook. My Lord, in behalf of the Commons of England, and of all the People-thereof, I do accuse Charles Stuart here present of High Treason and misdemeanours, and I do in the name of the Commons of England desire the Charge may be read unto him. The King. Hold a little. Precedent. Sir, the Court commands the Charge to be read; afterwards you may be heard. The Charge was read, as followeth: The Charge against King Charles the First, january 20. 1648. The Charge read. THat the said CHARLES STUART, being admitted King of England, and therein trusted with a limited Power, to Govern by, & according to the Laws of the Land, and not otherwise: And by his Trust, Oath, and Office: being obliged to use the power committed to him, For the good and benefit of the people, and for the preservation of their Rights and Liberties; yet nevertheless, out of a wicked Design, to erect and uphold in himself an unlimited and tyrannical power, to rule according to his will, and to overthrow the Rights and Liberties of the People; Yea, to take away, and make void the foundations thereof, and of all redress & remedy of misgovernment, which by the fundamental Constitutions of this Kingdom, were reserved on the people's behalf, in the right & power of frequent and successive Parliaments, or Nationall meetings in Council, He, the said Charles Stuart, for accomplishment of such his Designs, & for the protecting of himself and his Adherents, in his and their wicked Practices to the same Ends, hath traitorously and maliciously levied War against the present Parliament, & the People therein Represented. Particularly, upon or about the thirtieth day of june, in the year of our Lord, one thousand six hundred forty and two, at Beverly, in the County of York: & upon, or about the thirtieth day of july, in the year aforesaid, in the County of the City of York: & upon, or about the twenty fourth day of August, in the same year, at the County of the Town of Nottingham (when, & where he set up his Standard of War:) & also on, or about the twenty third day of October, in the same year, at Edgehill, and Keinton-field, in the County of Warwick: and upon, or about the thirtieth day of November, in the same year, at Braince●ord, in the County of Middlesex: & upon, or about the thirtieth day of August, in the year of our Lord, one thousand six hundred forty & three, at Cavesham-bridge, n●er Reading, in the County of Berks: & upon, or about the thirtieth day of October, in the year last mentioned, at, or near the City of Gloucester: And upon, or about the thirtieth day of November, in the year last mentioned, at Newbury, in the County of Berks: And upon, or about the one and thirtieth day of july, in the year of our Lord, one thousand six hundred forty and four, at Cropredybridge, in the County of Oxon: And upon, or about the thirtieth day of September, in the year last mentioned, at Bodmin, and other places near adjacent, in the County of Cornwall: And upon, or about the thirtieth day of November, in the year last mentioned, at Newbury aforesaid: And upon, or about the eight day of june, in the year of our Lord, one thousand six hundred forty and five, at the Town of Leicester: And also, upon the fourteenth day of the same month, in the same year, at Naseby-field, in the County of Northampton. At which several times and places, or most of them, and at many other places in this Land, at several other times, within the years aforementioned: And in the year of our Lord, one thousand six hundred forty and six, He, the said Gharles Stuart, hath caused and procured many thousands of the free-people of the Nation to be slain; and by Divisions, Parties, and Insurrections, within this Land, by invasions from foreign parts, endeavoured & procured by Him, and by many other evil ways and means. He the said Charles Stuart, hath not only maintained and carried on the said War, both by Land and Sea, during the years before mentioned, but also hath renewed, or caused to be renewed, the said War against the Parliament, and good people of this Nation, in this present year, one thousand six hundred forty and eight, in the Counties of Kent, Essex, Surrey, Sussex, Middlesex, and many other Counties and places in England and Wales, and also by Sea. And particularly, He the said Charles Stuart, hath for that purpose, given Commissions to his Son, the Prince, and others; whereby, besides multitudes of other Persons, many such, as were by the Parliament entrusted and employed, for the safety of the Nation; being by Him or is Agents, corrupted, to the betraying of their Trust, and revolting from the Parliament, have had entertainment and commission, for the continuing and renewing of War and Hostility, against the said Parliament and People, as aforesaid. By which cruel and unnatural Wars by Him, the said Charles Stuart, levied, continued, and renewed, as aforesaid, much Innocent blood of the Free-pople of this Nation hath been spilt, many Families have been undone, the Public Treasury wasted and exhausted, Trade obstructed, and miserably decayed, vast expense and damage to the Nation incurred, and many parts of the Land spoilt, some of them even to desolation. And for further prosecution of His said evil Designs, He, the said Charles Stuart, doth still continue his Commissions to the said Prince, and other Rebels and Revolters, both English and Foreigners; and to the Earl of Ormond, and to the Irish Rebels and Revolters, associated with him; from whom further Invasions upon this Land are threatened, upon the procurement, and on the behalf of the said Charles Stuart. All which wicked Designs, Wars, and evil practices of Him, the said Charles Stuart, have been, and are carried on, for the advancing and upholding of the Personal Interest of Will and Power, and pretended Prerogative to Himself and his Family, against the public Interest, Common Right, Liberty, Justice, and Peace of the People of this Nation, by, and for whom He was entrusted, as aforesaid. By all which it appeareth, that He, the said Charles Stuart hath been, and is the Occasioner, Author, and Contriver of the said unnatural, cruel, and bloody Wars, and therein guilty of all the treasons, murders, rapines, burn, spoils, desolations, damage and mischief to this Nation, acted or committed in the said Wars, or occasioned thereby. And the said john Cook, by Protestation (saving on the behalf of the People of England, the liberty of Exhibiting at any time hereafter, any other Charge against the said Charles Stuart; and also of replying to the Answers which the said Charles Stuart shall make to the premises, or any of them, or any other Charge that shall be so exhibited) doth for the said treasons & crimes, on the behalf of the said People of England, Impeach the said Charles Stuart, as a Tyrant, Traitor, Murderer, and a public and implacable Enemy to the Commonwealth of England: And pray, That the said Charles Stuart, King of England, may be put to answer all & every the premises, That such Proceed, Examinations, Trials, Sentence, and Judgement may be thereupon had, or shall be agreeable to Justice. The King smiled often during the reading of the Charge, especially at these words: Tyrant, Traitor, Murderer, and public Enemy of the Commonwealth. Precedent. Sir, you have now heard your Charge, you find that in the close of it, it is prayed to the Court in the behalf of the Commons of England, that you answer to your Charge, which the Court expects. King. I would know by what power I am called hither? I was not long ago in the Isle of Wight; how I came there is a longer story than I think fit at this time for Me to speak: But there I entered into a Treaty with both Houses of Parliament, with as much faith as is possible to be had of any People in the world; I Treated there with a number of Honourable Lords and Gentlemen, an treated honestly and uprightly, I cannot say but they did very nobly with Me: We were upon a Conclusion of the Treaty. Now I would know by what lawful Authority (there are many unlawful Authorities, Thiefs and Robbers on the Highway) I was brought from thence, and carried from place to place? (and I know not what) and when I knew by what lawful Authority, I shall Answer. Remember I am your King, your lawful King, and what sins you bring upon your own heads, and the judgement of God upon this Land, think well upon it, think well upon it, I say, before you go on from one sin to a greater; therefore let Me know by what lawful Authority I am seated here? and I shall not be unwilling to Answer. In the mean time I shall not betray My trust: I have a trust committed to Me by God, by old and lawful descent; I will not betray it to Answer to a new unlawful Authority. Bradshaw Pres. If you had been pleased to have observed what was hinted to you by the Court at your first coming hither, you would have known by what Authority: which Authority requires you in the name of the People of England, of whom you are Elected KING, to answer them. King. I deny that. Bradsh. If you acknowledge not the Authority of the Court, they must proceed. King. I do tell them so, England was never an Elective Kingdom, but an Hereditary Kingdom, for near these thousand years: Therefore let Me know by what lawful Authority I am called hither? I do stand more for the Liberty of My People then any here that come to be My pretended judges: and therefore let Me know by what lawful Authority, and I will Answer, otherwise I will not Answer. Brash. Sir, How really you have managed your trust is known: your way of Answer is to interrogate the Court, which beseems not you in this condition; you have been told of it twice or thrice. King. Here is Lieut. Colonel Cobbet, ask him, if he did not bring Me from the Isle of Wight by force? I do not come here as submitting to the Court; I will stand as much for the Privilege of the House of Commons, rightly understood, as any man here whatsoever; I see no House of Lords here that may constitute a Parliament, and (the King too) should have been. Is this the bringing the King to His Parliament? Is this the bringing an end to the Treaty on the public Faith? Let Me see a Lawful Authority warranted by the Word of God, the Scriptures, or by the Constitutions of the Kingdom. I will not betray My Trust, nor the Liberties of the People; I am sworn to keep the Peace by that duty I own to God, and My Country; and I will do it to the last breath in My body. As it is a sin to with stand Lawful Authority, so it is to submit to a Tyrannical, or any otherwise unlawful Authority. Bradsh. Brutish. The Court expects your final Answer, and will adjourn till Monday next; we are satisfied with our Authority that are your judges, and it is upon God's Authority, and the Kingdoms; and that peace you spoke of will be kept in doing justice, and that's our present work. Note. So the Court Adjourned, and the King was conducted back; They had so contrived it, that divers Schismatical Soldiers, and Fellows were placed round about the Court, to cry justice, justice, when the King was remanded, thinking all the rest of the People would have bleated to the same tune, but they (almost all) cried God bless Him, and were (some of them) well cudgeled by the Soldiers for not saying their prayers handsomely after the mode of the Army; one barbarous Soldier (it is confidently reported) spat in the King's Face as he bauled for justice: The King only saying, My Saviour suffered more for my sake, Whether this were the first day, or afterwards, I know not, wiped it off with His Handkerchief, yet the Court took no notice of this Affront, so fare was His Majesty already forejudged and condemned to Sufferings. Monday, january 22. The KING was brought again to His Trial. 81. The second day's Trial of His Majesty. Solicitor Cook. May it please your Lordship, I did at the last Court in behalf of the Commons of England, exhibit, and give in to this Court a Charge of High Treason, and other High Crimes against the Prisoner at the Bar: whereof I do accuse him in the name of the people of England, and the Charge was read unto Him, and his Answer required: My Lord, He was not then pleased to give an Answer, but instead of answering did dispute the Authority of this High Court; My humble motion to this High Court in behalf of the Kingdom of England, is, That the Prisoner may be directed to make a positive Answer either by way of Confession, or Negation: which, if He shall refuse to do, That the matter of Charge may be taken pro Confesso, and the Court may proceed according to justice. Bradsh. Sir, you may remember at the last Court you were told the occasion of your being brought hither, and you heard a Charge read against You, etc. You hear likewise what was prayed in behalf of the People, That You should give an Answer to that Charge: You were then pleased to make some Scruples concerning the Authority of this Court, and knew not by what Authority You were brought hither: You did divers times propound your Questions, and were as often Answered, That it was by Authority of the Commons of England Assembled in Parliament, that did think fit to call You to account for those High and Capital Misdemeanours, wherewith You were then Charged. Since that the Court hath taken into consideration what You then said, they are fully satisfied with their own Authority, and they hold it fit You should stand satisfied therewith too: And they do require that You do give a positive & particular Answer to this Charge exhibited against You; they expect you should either confess or deny. If you do deny, it is offered in the behalf of the Kingdom to be made good against You, Without any Law, Precedent, rational deba●e, or Arguments to pro●e it: Oh brutish Tyranny! Their Authority they do avow to the whole world, that the whole Kingdom are to rest satisfied therein, and You are to rest satisfied in it; and therefore You are to give a Positive Answer. King. When I was here last, its true, I made that Question; and truly, if it were only my own particular case, I would have satisfied Myself with the Protestation I made here the last time, against the Legality of this Court, and that a King cannot be Tried by any Superior jurisdiction upon Earth: but it is not My case alone, it is the Freedom, and the Liberties of the People of England, and (do you pretend what you will) I stand more for their Liberties; for if Power without Law may make Laws, nay, altar the Fundamental Laws of the Kingdom, I do not know what Subject he is in England that can be sure of his Life, or any thing that he calls his own. Therefore, when I came hither, I did expect particular Reasons to know by what Law, what Authority, you proceed against Me here? and therefore I am a little to seek what to say to you in this Particular, because the Affirmative is to be proved, the Negative (often) is very hard to do. I shall tell you my Reasons as short as I can. All proceed against any man whatsoever— Bradsh. Sir, I must interrupt You; what You do is not agreeable to the proceed of any Court of justice: False. You are about to enter into Argument and Dispute concerning the Authority of this Court, before whom You appear as a Prisonner, and are Charged as a High Delinquent; You may not Dispute the Authority of this Court, nor will any Court give way unto it, You are to submit to it, etc. King. Under favour; I do Plead for the Liberty of the People of England more than you do; and therefore, if I should impose a belief upon any Man without Reasons given, it were unreasonable— Bradsh. Oh Bruti● A●●me Kingdom, to be Governed by an up ●ar● Authority without use of Reason. Sir I must interrupt You: You may not be permitted, You speak of Law and Reason, and there is both against You. Sir, The Vote of the Commons of England Assembled in Parliament, is the reason of the Kingdom, and they are those that have given You that Law, according to which you should have Ruled and Reigned; Sir, It will be taken notice of, that you stand in contempt of the Court, and Your contempt will be recorded accordingly. King. I do not know how a King can be a Delinquent, but by all Laws that ever I heard, all men may put in Demurrers against any proceed as Illegal: and I do demand that, if you deny that, you deny Reason. Bradsh. Overrule a Demurrer without Argument: If a man may not Demur to the jurisdiction of any Court, that Court may enlarge its bounds, and become a Corporation of Tyrants. Sir, Neither You, nor any Man are permitted to Dispute that Point, You are concluded; You may not demur to the jurisdiction of the Court, if You do, I must let You know, that they overrule Your demurrer, they sit here by the Authority of the Commons of England; and all Your Predecessors and You, are responsible to them. King. I deny that, show Me one Precedent. Bradsh. Sir, You ought not to interrupt while the Court is speaking to you: this point is not to be debated by you, if you offer it by way of Demurrer, to the jurisdiction of the Court, they have considered of their jurisdiction, they do affirm their own jurisdiction. King. I say Sir, by your favour, That the Commons of England were never a Court of judicature: I would know how they came to be so? Bradsh. Sir, you are not to be permitted to go on in that Speech, and these discourses. Then the Clerk of the Court read, as followeth: Charles Stuart, King of England, you have been accused in the behalf of the People of England, of High Treason, and other high Crimes, the Court hath determined that you ought to answer the same. King. I will Answer the same so soon as I know by what Authority you do this? Bradsh. If this be all that you will say, than Gentlemen, you that brought the Prisoner hither, take charge of Him back again. King. I do require that I may give My Reasons why I did not Answer, and give Me time for that. Bradsh. Sir, 'Tis not for Prisoners to require. King. Prisoners! Sir, I am not an ordinary Prisoner. Bradsh. The Court have affirmed their jurisdiction, if You will not Answer, We shall give order to Record your default. King. You never heard my Reasons yet. Bradsh. Sir, Your Reasons are not be heard against the highest jurisdiction. King. Show Me that jurisdiction where Reason is not to be heard? Reasons are not to be heard against a remaining faction of the Commons of England. Bradsh. Sir, we show it you here, the Commons of England, and the next time you are brought, You will know more of the pleasures of Court, and it may be, their final Determination. King. Show Me where ever the House of Commons was a Court of judicature of that kind. Bradsh: Sergeant, take away the Prisoner. King. Well Sir, Remember that the King is not suffered to give in His Reasons, for the liberty and freedom of all His Subjects. Bradsh: Sir, You are not to have liberty to use this language, how great a Friend You have been to the Laws and Liberties of the People, let all England and the world judge. King. Sir, under favour, it was the Liberty, Freedom, and Laws of the Subject that ever I took— defended Myself with Arms, I never took up Arms against the People, but for the Laws. Bradsh: The command of the Court must be obeyed, no Answer will be given to the Charge. So the King was guarded forth to Sir Robert Cottons, and the Court adjourned to the Painted-Chamber, Tuesday twelve a Clock. 82. The 3d day's Trial of His Majesty. Tuesday, januarij 23. The Court sat again, seventy three Commissioners present. The King brought into the Court, sits down. Solicit: Cook. May it please your Lordship my Lord Precedent, This is now the third time that by the great grace and favour of the Court, the Prisoner hath been brought to the Bar, before any Issue joined in this Case. My Lord, I did at the first Court exhibit a Charge against Him, containing the highest Treason that ever was wrought on the Theatre of England, That a King of England trusted to keep the Law, that had taken an Oath so to do, that had Tribute paid Him for that end, should be guilty of a wicked Design to subvert and destroy our Laws, and introduce an Arbitrary and Tyrannical Government in defiance of the Parliament and their Authority; set up His Standard for War, against his Parliament and People: and I did humbly pray in behalf of the People of England, That He may speedily be required to make an Answer to the Charge; but, my Lord, in stead of making any Answer, He did then dispute the Authority of this High Court; your Lordship was pleased to give Him a further day to put in His Answer, which day being yesterday; I did humbly move, That He might be required to give a direct and positive Answer, either by denying, or confessing of it; But, my Lord, He was then pleased to demur to the jurisdiction of the Court, which the Court did then overrule, and command Him to give a direct and positive Answer: My Lord, besides this great delay of justice, I shall now humbly move your Lordship for speedy judgement against Him; I might press your Lordship upon the whole, That according to the known rules of the Laws of the Land, that if a Prisoner shall stand contumacious in contempt, and shall not put in an Issuable Plea, guilty or not guilty of the Charge given against him, whereby he may come to a fair Trial, that by an implicit Confession it may be taken, pro confesso; as it hath been done to those who have deserved more favour, than the Prisoner at the Bar hath done. But besides, my Lord, I shall humbly press your Lordship upon the whole fact, You see the remnant of the Ho: of Comm had fore judged the King before they erected this new Court to sentence Him; and claim a Jurisdiction, as well as a Supreme Authority. That the House of Commons, the Supreme Authority and jurisdiction of the Kingdom, they have declared, That it is notorious that the matter of the Charge is true; as it is in truth my Lord, as clear as crystal, and as the Sun that shines at noonday; which if your Lordship and the Court be not satisfied in, I have notwithstanding on the People's behalf, several Witnesses to produce; and therefore I do humbly pray, (and yet I do confess, it is not so much I, as the Innocent blood that hath been shed: (the cry whereof is very great) for justice and judgement) and therefore I do humbly pray, that speedy judgement be pronounced against the Prisoner at the Bar. Bradshaw. Sir, You have heard what is moved by the Council on behalf of the Kingdom against you; you were told over and over again, That it was not for you, nor any other man to dispute the Jurisdiction of the Supreme and highest Authority of England, from which there is no appeal, & touching which there must be no dispute; yet you did persist in such carriage as you gave no manner of obedience, nor did you acknowledge any Authority in them; nor the high Court that constituted this high Court of justice. Sir, I must let you know from the Court, that they are very sensible of these delays of Yours, and that they ought not (being thus Authorized by the Supreme Court of England) be thus trifled withal, & that they might in Justice, and according to the rules of Justice, take advantage of these delays, & proceed to pronounce Judgement against you, yet nevertheless they are pleased to give direction, and on their behalf, I do require you, That You make a positive Answer unto this Charge that is against you, in plain Terms (for justice knows no respect of Persons) you are to give your positive and final Answer in plain English, whether you be guilty or not guilty of these Treasons laid to your charge. King. When I was here Yesterday, I did desire to speak for the Liberties of the People of England, I was interrupted, I desire to know yet, whether I may speak freely, or not? Brad. Sir, You have had the resolution of the Court, upon the like Question the last day, and you were told, that having such a Charge of so high a nature against you, Your work was, that you ought to acknowledge the Jurisdiction of the Court, & to answer to your Charge, when you have once Answered, you shall be heard at large, make the best defence You can: But Sir, I must let You know from the Court, (as their Commands) That You are not to be permitted to Issue out into any other discourses till such time as You have given a positive Answer concerning the matter charged upon you. King. For the Charge I value it not a Rush, it is the Liberty of the People of England that I stand for; for Me to acknowledge a new Court that I never heard of before, I that am your KING, that should be an example to all the People of England, to uphold Justice, to maintain the old Laws, Indeed, I do not know how to do it: you spoke well the first day that I came here, (on Saturday) of the Obligations that I had laid upon Me by God, to the maintenance of the Liberties of My People, the same Obligation you spoke of, I do acknowledge to God, that I own to him, and to My People, to defend as much as in Me lies, the ancient Laws of the Kingdom; therefore until that I may know, that this is not against the fundamental Laws of the Kingdom, I can put in no particular Answer, if you will give Me time I will show you My Reasons, and this— here being interrupted, the King said again, By your favour, you ought not to interrupt Me, How I came here I know not; Whether these breaches and interruptions where made by Brad-shaw, or wehether they are omissions and expunctions of some material parts of the King's Speech which this licenced Penman durst not set down; I know not: I hear much of the King's Argument is omitted, and much depraved, none but Licenced-men being suffered to take Notes. there's no Law for it to make your King your Prisoner; I was in a Treaty upon the public Faith of the Kingdom, that was the known— two Houses of Parliament, that was the Representative of the Kingdom, and when I had almost made an end of the Treaty, than I was hurried away & brought hither, & therefore— Bradsh. Sir, You must know the pleasure of the Court. King. By your favour Sir— Bradsh. Nay Sir, By your favour, You may not be permitted to fall into those Discourses; You appear as a Delinquent, You have not acknowledged the Authority of the Court, the Court craves it not of You, but once more they command You to give your positive Answer. Clercke do your Duty. King. Duty Sir! The clerk reads. Charles Stuart, King of England, You are accused in behalf of the Commons of England of divers High Crimes and Treasons; which Charge hath been Read unto You, The Court now requires You to give Your positive and final Answer, by way of Confession, or denial of the Charge. King. Sir, I say again to you, so that I may give satisfaction to the People of England, of the clearness of My proceed, not by way of Answer, not in this way, but to satisfy them that I have done nothing against that Trust that hath been committed to Me, I would do it; but to acknowledge a New Court against their Privileges, to alter the Fundamental Laws of the Kingdom, Sir, you must excuse Me. Brad. Sir, This is the third time that You have publicly disavowed this Court, and put an Affront upon it: how far You have preserved the Privileges of the People, Your Actions have spoken; but truly Sir, men's intentions ought to be known by their Actions, you have written Your meaning in bloody Characters throughout the whole Kingdom, but Sir, you understand the pleasure of the Court; Clarke Record the default; and Gentlemen, you that took Charge of the Prisoner take Him back again. So the King went forth with His Guards, and the Court Adjourned to the Painted Chamber; the Crier (as at other times) crying, God bless the Kingdom of England. Saturday, 27 jan. 1648. The Court sat again in Westminster-hall, the Precedent was in his Scarlet Robes, 83. The fourth & last days Trial of His Majesty. after him 67 Commissioners answered to their Names; The King came in, in His wont posture with his Hat on, a Company of Soldiers and Schismatics placed about the Court to cry for justice, judgement, and Execution, The People not daring to cry God bless Him, for fear of being again beaten by the Soldiers. Bradsh. Gentlemen, it is well known to all, or most of you here present, that the Prisoner at the Bar hath been several times convented, and brought before this Court, to make Answer to a Charge of High Treason, and other High Crimes exhibited against Him, in the Name of the People of England; to which Charge being required to Answer, He hath been so fare from obeying the Commands of the Court, by submitting to their justice, as He began to take upon Him Reasoning and Debate unto the Authority of the Court, And to the Highest Court that appointed them to Try and to judge Him; but being overruled in that, and required to make His Answer, He still continued Contumacious, and refused to submit to Answer. Hereupon the Court (that they may not be wanting to themselves, nor the Trust reposed in them, nor that any man's wilfulness prevent justice) they have considered of the Charge, of the contumacy, and of that Confession which in Law doth arise on that Contumacy; they have likewise considered the notiority of the Fact Charged upon this Prisoner; and upon the whole matter, they are resolved, and have agreed upon a Sentence to be pronounced against this Prisoner, but in respect He doth desire to be heard before the Sentence be Read, and Pronounced, the Court hath resolved to hear Him; yet Sir, thus much I must tell You beforehand, (which you have been minded of at other Courts) that if that which You have to say, be to offer any debate concerning the jurisdiction, You are not to be heard in it: You have offered it formerly, and you have struck at the root, that is, the Power and supreme Authority of the Commons of England, which this Court will not admit a Debate of: and which indeed is an irrational thing in them to do, being a Court that act upon Authority derived from them. But Sir, if you have any thing to say in defence of Yourself concerning the matter charged, the Court hath given me in Commands to hear You. King. Since I see that You will not hear any thing of debate concerning that which I confess I thought most material, for the peace of the Kingdom, and for the liberty of the Subject, I shall wave it; but only I must tell you, that this many a day all things have been taken away from Me, but that, that I call dearer to Me than My life, which is My conscienty and Mine honour; and if I had a respect of my life, more than the peace of the Kingdom, and the liberty of the Subject, certainly I should have made a particular, defence for My life, for by that at leastwise, I might have delayed an ugly Sentence, which I believe will pass upon Me, therefore certainly Sir, as a man that hath some understanding, some knowledge of the world (if that my true zeal to My Country had not overborne the care that I have for My own preservation) I should have gone another way to work than that I have done: Now Sir, I conceive that a hasty Sentence once passed may sooner be repent of than recalled; and truly, the selfsame desire that I have for the peace of the Kingdom and the liberty of the Subject, more than My own particular ends, makes Me now at last desire, that I having something to say that concerns both, I desire, before Sentence be given, that I may be heard in the Painted Chamber before the Lords and Commons, this delay cannot be prejudicial to you, whatsoever I say, if that I say no reason those that hear Me must be judges, I cannot be judge of that that I have: if it be reason, and really for the welfare of the Kingdom, and the liberty of the Subject, I am sure its very well worth the hearing, therefore I do conjure you, as you love that which you pretend. (I hope its real) the Liberty of the Subject, and peace of the Kingdom, that you will grant Me this hearing before any Sentence passed; but if I cannot get this liberty, I do protest that your fair shows of Liberty and Peace are pure shows, and that you will not hear your King. The Precedent said, This was a declining the jurisdiction of the Court, and a delay: Yet the Court withdrew for half an hour, advised upon it, and sat again. Bradshaw said to the King, That the Court had considered what He had moved, and of their own Authority; the return from the Court is this, That they have been too much delayed by You already, and they are Judges appointed by the highest Authority, and Judges are no more to delay, than they are to deny justice; and notwithstanding what You have offered, they are resolved to proceed to Sentence, and to Judgement, that is their unanimous resolution. The King pressed again & again, that He might be heard by the Lords and Commons in the Painted Chamber, with great earnestness, and was as often denied by Bradshaw: at last, the King desired that this Motion of His might be entered. Bradshaw began in a long Speech to declare the Grounds of the Sentence, much aggravating the King's offences, and misapplying both Law and History to his present purpose: When Bradshaw had done speaking, the Clerk read the Sentence drawn up in Parchment to this effect: 84. The Sentence against His Majesty. THat whereas the Commons of England in Parliament had appointed them an high Court of justice for the Trial of Charles Stuart King of England, before whom He had been three times Convented; and at the first time a Charge of High Treason and other high crimes and misdemeanours was read in behalf of the Kingdom of England, etc. * Here the Clerk read the aforesaid Charge. Which Charge being read unto Him as aforesaid, He the said Charles Stuart was required to give His Answer; but He refused so to do: and so expressed the several passages at His Trial in refusing to Answer. For all which Treasons and crimes this Court doth adjudge, That He the said Charles Stuart as a Tyrant, Traitor, Murderer, and a public Enemy shall be put to Death by severing of His Head from His Body. After the Sentence read, the Precedent said, This Sentence now read and published, it is the Act, Sentence, judgement, and resolution of the whole Court; Here the whole Court stood up, as assenting to what the Precedent said. King. Will you hear Me a word Sir? Bradshaw. Sir, You are not to be heard after the Sentence. King. No Sir! Bradshaw. No. Sir, by your favour Sir! Guard, withdraw your Prisoner. King. I am not suffered to speak: expect what justice other people will have. These are the Names of such Persons as did actually sit as Judges upon the Trial of His Majesty, with the Council and Attendants of the Court. Oliver Cromwell, Lieu. General. Com. Gen. Ireton. Major Gen. Skippon. Sir Hardresse Waller. Colonel Thomas Harrison. Col. Edward whaley. Col. Thomas Pride. Col. Isaac Ewer. Col. Rich: Ingolsby. Sir Henry Mildmay. Thomas Lord Grey. Philip Lord Lisle. Will: Lord Munson. Sir John Danvers. Sir Tho: Maleverer. Sir John Bowcher. Sir. James Harringto● Sir. William Brereton Will: Hennigham Es. Isaac Pennington Ald: Thomas Atkins, Ald: Col. Rowland Wilson. Sir Peter Wentworth. Col. Henry Martin Col. William Purefoy Col. Godfrey Bosvill. Colonel John Berkstead. Sir Will: Constable. Col. Edward Ludlow. Col. Jo: Hutchingson. Col. Rob: Titchburne. Col. Owen Roe. Col. Adriaen Scroop Col. John Oky. Col. John Harrison. Col. John Desborough. Cornelius Holland, Es. Miles Corbet, Esq. Francis Allen, Esq. Peregrin Pelham, Esq. John Gourdon, Esq. Serj. Francis Thorp. Tho: chaloner, Esq. Col. John Moor. John Aldred, Esq. Col. Francis Lassels. Henry Smith, Esq. James Chaloner, Esq. Dens Bond, Esq. Humph: Edward's Esq. Gregory Clement, Esq. John Fray, Esq. Tho: Wogan, Esq. Sir Greg: Norton. Serj. John Bradshaw. Col. Edm: Harvey. John Dove Esq. Col. John Venn. John Foulks, Alder: Thomas Scot Tho: Andrew's, Ald: William Cauwley, Esq. Col. Anthony Stapley. John List, Esq. John Corbet, Esq. Thomas Elunt, Esq. Thomas Boone, Esq. Col. George Fleetwood Col. James Temple, Sir Peter Temple. Col. Thomas wait. John Browne, Esq. Mr. Bradshaw, nominated Precedent. Counselors assistant to this Court, and to draw up the Charge against the KING, are. Doctor Dorislaus. Master Ask. Master Cook. Sergeant Dandy, Sergeant at Arms. Mr. Phileps, Clerk to the Court. Messengers, and Dore-keepers, are, Master Walford. M. Radley M. 〈◊〉 M. P●well. Mr. Hull. and M. King Cryer. 85. Observations upon the Trial of His Majesty. This is a Relation of his Majesty's Trial by a mixed Court of Justice erected by 50. or 60. Confederate Members of the House of Commons, sitting under the power of the Army, after all the rest of the Members above 250. had been violently secured, secluded, & frighted away: And in order to this design against the King, the House of Peers voted down, and yet the House of Commons (when entire) is no Court of Judicature, nor can give an Oath. Had indifferent men been permitted to take Notes, you had had a more perfect narrative; yet as it is, truth shines forth to the confusion of this bloody, cheating, tyrannical faction: could they have wrought the King to have submitted to the Jurisdiction of this Arbitrary Court, His example should have been urged as an irrefragable Precedent against the lives and liberties of the whole Kingdom, and urged to be of as great Authority, as if He had established that Court by Act of Parliament: So that the King is to be looked on as a Civil Martyr dying for the Liberty of the People. And although they have failed of this device, yet they will have some other Arbitrary bloody Inquisition to cut off the lives (without Law) of such as they desire to remove, without which this Tyrannous Kingdom of the Saints, or Brambles, cannot subsist; And therefore on Thursday, 2. Februarij, Cromwell and Ireton, and their Cannibal Counsel of Officers projected to get an Act passed by their House of Commons (where all their Requests, are Commands) to enable the said Council to hang all such as they shall adjudge Disturbers of the Army, 1. Part of England's liberty in Chains, sub fine: And the Hunting of the Foxes, &c, although no Members of the Army: they must have public Slaughter-houses in terrorem, as well as private ad poenam, the nature of their Cause, and their natural conditions requiring it. Oliver is a Bird of prey, you may know by his Bloody Beak; so was his Prodromus that Type and figure of him, john of Leyden; than whom, this Fellow will shortly prove fare more bloody: you see this schismatical remnant of one House, have the impudence to usurp the Supreme Authority to themselves: And then to tell you, that the Votes of this petty Conventicle (calling themselves the Commons) are the Law, nay the Reason of the Land, thereby divesting us of those Laws which shall distinguish us from Slaves, & denying us the use of our reason, whereby we are differenced from Beasts, and expecting an implicit faith & blind obedience from us, to all the Votes of this half quarter of a House of Commons, so fare that they Vote obedience to the known Laws (in many cases) to be Treason; & what all our Laws call Treason, they Vote no Treason: nay, should they vote a Turd to be a Rose, or Oliver's Nose a Ruby, they would expect we should swear it, and fight for it. This legislative Den of Thiefs erect new Courts of Justice, neither founded upon Law nor prescription, theatres of illegal tyranny and oppression, to take away men's lives Arbitrarily, for actions which no Law makes criminous, nay, for such acts as the Laws command, where their proceed are contrary to Magna Charta, and all our known Laws and usages, not per probos & legales homines, no Juries, no sworn Judges, authentically chosen, no Witnesses face to face, no formal Indictment in which a man may find error and plead to the jurisdiction of the Court, or where the Court ought to be of Council with the Prisoner: but the same engaged and vowed Enemies are both Parties, Prosecutors, Witnesses, Judges (or Authorizers and Nominators of the Judges) Actors of all parts upon that stage of Blood. The King pressed earnestly (especially upon Monday, 22. jan.) to have His Reasons against the jurisdiction of the Court heard, but was as often denied, He intended then to give them in writing, which was likewise rejected: so they were sent to the press. A true Copy whereof follows: His Majesty's Reasons against the pretended Jurisdiction of the High Court of Justice, which He intended to deliver in Writing on Monday, Jan. 22. 1648. 86. His Majesty's Reasons against the jurisdiction of the high Court of justice; published after His condemnation. Faithfully transcribed out of the Original Copy under the Kings own Hand. HAving already made my Protestations not only against the illegality of this pretended Court, but also that no earthly power can justly call Me (who am your King) in question as a Delinquent, I would not any more open My mouth upon this occasion, more than to refer Myself to what I have spoken, were I alone in this case concerned. But the duty I own to God in the preservation of the true Liberty of My People, will not suffer Me at this time to be silent: For, how can any freeborn Subject of England call life or any thing he possesseth his own, if power without right daily make new, & abrogate the old fundamental Law of the Land, which I now take to be the present case. Wherefore when I came hither, I expected that you would have endeavoured to have satisfied Me concerning these grounds, which hinder Me to Answer to your pretended Impeachment; but since I see that nothing I can say will move you to it (though Negatives are not so naturally proved as Affirmatives) yet I will show you the Reason why I am confident you cannot judge Me, nor indeed the meanest man in England; for I will not (like you) without showing a reason, seek to impose a belief upon My Subjects. * Hereabout I was stopped, and not suffered to speak any more concerning Reasons. There is no proceeding just against any man, but what is warranted either by God's Laws, or the municipal Laws of the Country where he lives. Now I am most confident, that this days proceeding cannot be warranted by God's Law, for on the contrary the authority of obedience unto Kings is clearly warranted and strictly commanded both in the Old and New Testament; which if denied, I am ready instantly to prove: and for the question now in hand, there it is said, That where the word of a King is, there is Power; and who may say unto him, what dost thou? Eccles. 8.4. Then for the Laws of the Land, I am no less confident, that no learned Lawyer will affirm that an Impeachment can lie against the KING, they all going in His name; and one of their Maxims is, That the King can do no wrong. Besides, the Law upon which you ground your proceed, must either be old or new; if old, show 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 itself (as is well known to all Lawyers) I leave to God and the World to judge; And it were full as strange that they should pretend to make 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 England's Commission could grant your pretended power, I see nothing you can show 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 fare are you from having it. Thus you see that 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 themselves the best assurance of their lives and propriety of their goods. Nor in this must or do I forget the Privileges of both Houses of Parliament, which this day's proceed doth not only violate, but likewise occasion the greatest breach of their Public Faith (I believe) ever was heard of, with which I am fare from charging the two Houses: for all the pretended Crimes laid against Me, bear date long before this late Treaty at Newport, in which I having concluded as much as in Me lay, and hopefully expecting the two Houses agreement thereunto, I was suddenly surprised, and hurried from thence as a Prisoner, upon which account I am against My will brought hither, where since I am come, I cannot but to My power defend the ancient Laws and Liberties of this Kingdom, together with My own just Right, then for any thing I can see the higher House is totally excluded. And for the House of Commons, it is too well known that the major part of them are detained or deterred 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 Kingdom is not the least in My thoughts, and what hopes of setlement is there so long as power reigns without rule of Law, changing the whole frame of that Government under which this Kingdom hath flourished for many hundred years, (nor will I say what will fall out in case this lawless unjust proceeding against Me do go on) & 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 Myself, until the beginning of these unhappy troubles, and will have cause to doubt that they shall never be so happy under any new. And by this time it will be too sensibly evident, that the Arms I took up were only to defend the fundamental Laws of this Kingdom, against those who have supposed My power hath totally changed the ancient Government. Thus having shown you briefly the Reasons, why I cannot submit to your pretended Authority without violating the trust which I have from God, for the welfare and liberty of My People; I expect from you either clear Reasons to convince My Judgement, showing Me that I am in an error (and then truly I will readily answer) or that you will withdraw your proceed. This I intended to speak in Westminster-hall on Monday, 22. january, but against reason was hindered to show My Reasons. 87. Alteration of the forms and styles of Writs and Legal proceed. The 27. jan. The Commons read the Act for Altering the forms of Writs, and other proceedings in Courts of justice, which (according to all our known Laws, the custom of all Ages, and the fundamental Government of this Kingdom) ever ran in the King's Name. This Act upon the Question was assented to, and no concurrence of the Lords desired, of this more hereafter. 88 A Proclam: to be brought in. prohibiting the Pr: of Wales, or any of the King's Issue to be proclaimed King of England. The I unto of 50. or 60. Commons appointed a Committee to pen a Proclamation, That if any man should go about to Proclaim Prince Charles, or any of that line King of England (after the removal of King Charles the Father out of this life) as is usually, & aught to be done by all Mayors, Bailiffs of Corporations, High Sheriffs, etc. under high penalties of the Law for their neglect) or shall proclaim any other without the consent of the present Parliament: the Commons declare it to be High Treason; and that no man under pain of Imprisonment or such other (arbitrary) punishment, as shall be thought sit to be inflicted on them, shall speak or preach any thing contrary to the present proceed of the Supreme Authority of this Nation, the Commons of England assembled in Parliament. Your hands & feet, liberties and consciences were long since tied up, now you are tonguetied. Upon motion, the House ordered, 89. The Bishop of London appointed by the Ho: to administer spiritual comfort to the condemned King; and the King's usage by the Army. See Mr. Io: Geree's Book against Good-win, called, (Might overcoming right.) And Mr. Pryn's Epistle to his Speech. 6. Dec. 1648. That Doctor juxon Bishop of London, should be permitted to be private with the King in His Chamber, to preach and administer the Sacraments, and other spiritual comforts to Him: But notwithstanding, their Masters of the Council of War, appointed that weathercock john Goodwin of Coleman-street (the Balaam of the Army that curseth and blesseth for Hire) to be Superintendent both over King and Bishop, so that they could hardly speak a word together without being overheard by the long-schismaticall-eares of blackmouthed john: Besides, I hear that for some nights a Guard of Soldiers was kept within His Chamber, who with talking, clinking of pots, opening and shutting of the door, and taking Tobacco there (a thing very offensive to the King's nature) should keep Him watching, that so by distempering & amazing Him, with want of sleep, they might the easier bring Him to their bent. 28. january, being the last Sabbath the King kept in this life, 90. A Paper-booke of Demands tendered to be Subscribed by the King the Sunday before He died. See sect. 94. some of the Grandees of the Army and Parliament tendered to the King a Paper-booke, with promise of Life & some shadow of Regality (as I hear) if He Subscribed it: It contained many particulars destructive to the fundamental Government, Religion, Laws, Liberties, & Property of the People: One whereof was instanced to Me, viz. That the KING should (amongst many other demands) 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, and with power from time to time to recruit and continue them to the number of 40000. Horse and Foot, under the same General and Officers, with power notwithstanding in the Council of War to choose new Officers and Generals from time to time as occasion shall happen, and they think fit; and to settle a very great Tax upon the People by a Land Rate, for an established pay for the Army; to be collected and levied by the Army themselves, and a Court Marshal of an exorbitant extent and latitude. His Majesty (as I hear) read some few of the Propositions, & throwing them aside told them, He would rather become a sacrifice for His People, then betray their Laws and Liberties, Lives and Estates, together with the Church and Commonwealth, and the Honour of His Crown, to so intolerable a Bondage of an Armed faction. Monday, 29. Ianu. 1648. The legislative half-quarter of the House of Commons, 91. The Style and Title of Custodes libertatis Angliae, voted to be used in legal proceed. instead of the style of the King. These Gaolers of the Liberties of England are Individuum vagum, not yet named. See a Continuation of this madness in an Act for better settling proceed in 〈◊〉 of justice, according to the present Government, Dated 17. Feb. 1648. voted as followeth, (harken with admiration Gentlemen) be it enacted by this present Parliament, and by Authority of the same, that in all Courts of Law, Justice, & equity, and in all Writs, Grants, Patents, Commissions, Indictments, Informations, Suits, Returns of Writs, and in all Fines, Recoveries, Exemplifications, Recognizances, Process, & proceed of Law, Justice, or Equity within the Kingdoms of England or Ireland, Dominion of Wales, etc. instead of the Name, Style, Teste, or Title of the KING heretofore used, that from henceforth the Name, Style, Test or Title Custodes libertatis Angliae, authoritate Parliamenti, shall be used, and no other; and the Date of the year of the Lord, and none other; and that all Duties, Profits, Penalties, Fines, Amerciaments, Issues, and Forfeitures whatsoever, which heretofore were sued for in the name of the KING, shall from henceforth be sued for in the name of Custodes libertatis Angliae, authoritate Parliamenti: and where the words were (juratores pro Domino Rege) they shall be (juratores pro Republica) and where the words are (contra pacem, dignitatem & coronam nostram) the words from henceforth shall be (contra pacem Publicam.) All Judges, Justices, Ministers, & Officers, are to take notice thereof, etc. and whatsoever henceforth shall be done contrary to this Act, shall be, and is hereby declared to be null and void; the death of the King, or any Law, usage or custom to the contrary notwithstanding, etc. 92. Another device to mortify the King. The King lay in Whitehall Saturday (the day of his Sentence) and Sunday night so near the place appointed for the separation of His Soul & Body, that He might hear every stroke the Workmen gave upon the Scaffold (where they wrought all night) this is a new device to mortify Him, but it would not do. 93. Tuesday, 30. jan. 1648. was the day appointed for the King's Death; He came on Foot from Saint James' to Whitehall that morning: His Majesty coming upon the Scaffold, made a Speech to the People; which could only be heard by some few Soldiers and Schismatics of the Faction who were suffered to possess the Scaffold, and all parts near it; and from their Pens only we have our informations. His Majesty's Speech upon the Scaffold, and His Death, or Apotheosis. The KING told them, THat all the world knew He never began the War with the two Houses of Parliament, and He called God to witness (to whom He must shortly give an account) He never intended to encroach upon their Privileges; They began upon Me, it was the Militia they began with, they confessed the Militia was Mine, but they thought fit to have it from Me: and to be short, if any body will look to the Dates of the Commissions, Theirs, and Mine, and likewise to the Declarations, will see clearly that They began these unhappy Troubles. And a little after He said, I pray God they may take the right way to the peace of the Kingdom; Soldier's Rebelling against their Master or Sovereign, though they prevail, cannot claim by conquest, because their quarrel was perfidious, base and sinful from the beginning. But I must first show you how you are out of the way, and then put you into the right way: First, you are out of the way, for all the way you ever had yet (by any thing I could ever find) was the way of Conquest, which is a very ill way, for Conquest is never just except there be a good just Cause, either for matter of wrong, or just Title, and then if you go beyond the first Quarrel that you have, that makes it unjust in the end that was just in the beginning; but if it be only matter of Conquest, than it is a great Robbery, as the Pirate said to Alexander, and so (I think) the way that you are in hath much of that way; Now (Sirs) to put you in the way, believe it you will never do right, nor God will never prosper you, until you give him his due, the King (that is My Successor) his due, and the People (for whom I am as much as any of you) their due. 1. You must give God his due, by regulating rightly his Church, (according to his Scripture) which is now out of order, to set you in a way particularly now I cannot, but only a Nationall Synod freely called, freely debating amongst themselves must settle this; when that every opinion is freely and clearly heard. 2. For the King, the Laws of the Land will freely instruct you, and because it concerns Myself I will only give you a touch of it. 3. For the people (and truly I desire their Liberty and Freedom as much as any man whatsoever) I must tell you, their Liberty and Freedom consists in having such a Government, whereby their Lives and Goods may be most their own, it lies not in having a share in the Government, that is nothing pertinent to them; a Subject and a Sovereign are clean different things: and therefore until you restore the People to such a Liberty, they will never enjoy themselves; Sirs, it was for this I now come hither, if I would have given way to an Arbitrary sway, to have all Laws changed according to the power of the Sword, I needed not to have come here; See sect. 90. and therefore I tell you (and I pray God it be not laid to your charge) that I am the Martyr of the People, etc. The House had the impudence to answer the Dutch Ambassadors, That what they had done to the King was according to the Law of the Land. They meant, that their Lusts are the Laws of the Land: for other Law they can show none. This was the effect of His Majesty's Speech, who shown much magnanimity and Christian Patience during all the time of His Trial and Death, notwithstanding many barbarous affronts put (by way of tentation) upon Him, He had His. Head severed from His Body at one stroke, the Soldiers and Schismatics giving a great shout presently. Thus this noble Prince (a Gentleman sanctified by many afflictions (after He had escaped Pistol, Poison, and Pestilent air, could not escape the more venomous tongues of Lawyers and Petty foggers, Bradshaw, Cook, Steele, Ask and Dorislaus; thus the Shepherd is smitten, and the Sheep scattered. THe said High Court of Justice, with the downfall of King CHARLES the I. thereby and in Him of the Regal Government, Religion, Laws, and Liberties of this ancient Kingdom is Emblematically presented to the Readers view: See the Figure, before the Title page. Presently after this dissolution of the King, the Commons sent abroad Proclamations into London, and all England over, reciting, 94. Proclamations published against proclaiming the King. That whereas several pretences might be made to this Crown, and Title to the Kingly Office set on foot, to the apparent hazard of the public peace. Be it enacted and ordained by this present Parliament, and by the Authority of the same, that no Person whatsoever do presume to proclaim, declare, publish, or any ways to promote Charles Stuart (Son of the said Charles) commonly called Prince of Wales, or any other Person to be King, or Chief Magistrate of England or Ireland, or of any Dominions belonging to them; by colour of Inheritance, Succession, Election, or any other claim whatsoever, without the free consent of the people in Parliament first had and signified by a particular Act or Ordinance, for that purpose, any Law, Stat: usage or custom to the contrary notwithstanding: Who shall judge when these Fellows will be thought free, and when not? and whosoever shall contrary to this Act, Proclaim, etc. Shall be deemed and adjudged a Traitor, and suffer accordingly. Notwithstanding which inhibition, the 2. February, 1648. 95. A Proclamation privately printed & scattered, proclaiming CHARLES the second. was printed and scattered about London-streets this following Proclamation: * A Proclamation proclaiming CHARLES Prince of Wales, King of Great Britain, France and Ireland. WE the Noblemen, judges, Knights, Lawyers, Gentlemen, Freeholders, Merchants, Citizens, Yeomen, Seamen, and other freemen of England, do, according to our Allegiance and Covenant, by these presents hearty, joyfully and unanimously acknowledge and proclaim the Jllustrious CHARLES Prince of Wales, next heir of the blood Royal to his Father King CHARLES (whose late wicked and traitorous murder we do from our souls abominate, and all parties and consenters thereunto (to be by herditary Birthright, and lawful succession, rightful and undoubted King of Great Britain, France and Ireland, and the Dominions thereunto belonging. And that we will faithfully, constantly and sincerely in our several places and callings defend and maintain his Royal Person, Crown, and Dignity with our Estates, Lives, and last drop of our Bloods, against all Opposers thereof; whom we do hereby declare to be Traitors and Enemies to his Majesty and his Kingdoms. In testimony whereof, we have caused these to be published and proclaimed throughout all Counties and Corporations of this Realm, the first day of February, in the first year of His Majesty's Reign. God save King CHARLES the Second. The fag end of the House of Commons, Febr. 1. 1648. 96. A Vote that such Members as had assented to the Vote, 5. Dec. shall sit no more: others to enter their dissent and disapprovall. passed a thing they call an Act, That such Members as had assented to the Vote, 5. Decemb. 1648. That the King's Concessions were a ground for the House to proceed to a setlement, should not be readmitted to sit as Members; such as were then in the House and voted in the negative should first enter their dissent to the said Vote, such as were absent should declare their disabbrovall before they sit. You see the cheating Godly are resolved to keep all to themselves. This day their tame Lordships sent a Message to the House of Commons, but they were too surly to call the Messengers in: the substance of the Message was, That their Lordships had appointed 7. 97. The Lords send a Message to the Comm: but the messenger not called in. of their House to join with a proportionable number of Commons, to consider of a way how to settle this Nation. Monday, 5. Febr. 1648. The Commons debated whether they should continue the House of Lords as a Court judicatory, or Consultory only? And the day following they put this Question, Whether this House shall take the advice of the House of Lords, in the exercise of the Legislative power of the Kingdom, in pursuance of the Votes of this House, 4. jann: last. This was carried in the Negative by many Voices: 98. The house of Lords voted down. in farther pursuance of which Vote, they farther voted, That the House of Peers in Parliament is useless and dangerous, and aught to be abolished; and that an Act be brought in for that purpose, and voted down their Privilege of being exempt from Arrests; yet they graciously condescended they shall be capable of being elected knights of Shires, and Burgesses, if any will be so mad as to choose them: yet my Lord of Pembroke is as much overjoyed with gay Privilege, as if they had bestowed a new Cap with a Bell and a Babble upon him: who will not now conclude that the Votes of this Legislative, this supreme piece of the House of Commons, is the only Law and reason of the Land, which leads all our Laws and reason captive, and is almighty against all but the Council of the Army. The 8. Febr. 99 A Protestation of Peers came forth A Declaration and Protestation of the Peers, Lords and Barons of this Realm, against the late treasonable proceed and tyrannical usurpations of some Members of the Commons House, who endeavour to subvert the fundamental Laws, and Regal Government of this Kingdom, and enslave the People to their boundless Tyranny in stead of Freedom. The Protestation followeth. WE the Peers, Lords and Barons of this Realm of England, for the present necessary vindication of the undoubted Rights and Privileges of Parliament, and more particularly of the House of Peers, the just Prerogatives and Personal safety of our Kings, the known Laws and Liberties of this Kingdom, the Hereditary Freedom of all the Freemen of this Nation, and our own affronted and contemned Honours and Authority, against the many late unparallelled dangerous Invasions and treasonable Usurpations of a few insolent mis-advised Members of the (late) House of Commons, whiles the greatest and ablest part of that House were forcibly detained or deterred from thence, wherewith we find ourselves and the whole Kingdom unsufferably injured and deeply afflicted. Do, after a long patiented expectation of their own ingenious Retractations of such unjustifiable Exorbitances, which their own judgements and consciences cannot but condemn, whereof we now utterly despair; being thereto engaged in point of Honour, Loyalty, Conscience, Oath, and love to our Native Country, as also by our Solemn League and Covenant, publicly declare and protest to all the world, That by the Laws and Customs of this Realm, and usage of Parliament time out of mind, ever since there were Parliaments in this Island, the principal Authority and judicatory of the Parliaments of England hath always constantly resided, and aught still to continue only in the King and House of Peers, (wherein He always sits) and not in the Commons House, who never had, claimed, nor aught to have any right or power to judge any Person or Cause civilly or criminally (having no authority to examine any Witnesses upon Oath, and being no Court of Record) but only to accuse and impeach Delinquents in and before the House of Peers, where they always have used to stand bareheaded at their Bar; but never yet to stand covered, much less to sit, vote, or give judgement. And that the House of Commons without the concurrent assent of the House of Peers, and Kings of England, never heretofore challenged nor enjoyed, nor can of right pretend to any lawful power or jurisdiction to make or publish any form or binding Ordinance, Vote, Act, or Acts of Parliament whatsoever, nor ever once presumed to pass any Act or Acts to erect a new High Court of justice, to try, condemn, or execute the meanest Subject, least of all their own Sovereign Lord and King, or any Peer of the Kingdom (who by the Common and Statute Laws of this Realm, and Magna Charta, aught to be tried only by their Peers and not otherwise) or to Disinherit the right Heir to the Crown or to alter the fundamental Government, Laws, Great Seal, or ancient forms of process and legal proceed of this Realm, or to make or declare High Treason to be no Treason; or any Act to be Treason, which in itself, or by the Law of the Land is no Treason; or to dispose of any Offices or Places of judicature, or impose any penalties, Oaths, or Taxes on the Subjects of this Realm. And therefore we do here in the presence of Almighty God, Angels, and Men, from our hearts disclaim, abhor, and protest against all Acts, Votes, Orders or Ordinances of the said Members of the Commons House lately made and published, for setting up any new Court of justice to try, condemn, or execute the King, or any Peers or Subject of this Realm: (which for any Person or Persons to sit in or act as a judge or Commissioner, to the condemning or taking away the lift of the King, or any Peer or other Subject, We declare to be High Treason and wilful Murder) to Disinherit the Prince of Wales of the Crown of England, or against proclaiming him King after his Royal Father's late most impious, traitorous and barbarous murder, or to alter the Monarchical Government, Laws, Great, Seale, judicatories, and ancient forms of Writs, and Legal process and proceed; or to keep up or make good any Commissions, judges or Officers, made void by the King's bloody execution; or to continue any old, or raise any new forces or Armies; or to impose any new Taxes, Payments, Oaths or forfeitures on the Subjects, or to take away any of their Lives, Liberties or Estates against the Fundamental Laws of the Realm, or to make any new judges, justices, or Officers; or set aside the House of Peers (fare ancienter than the Commons House) and particularly this insolent and frantic Vote of theirs, Feb. 6. [That the House of Peers in Parliament is useless and dangerous, and aught to be abolished, and that an Act be brought in for that purpose] to be not only void, null, and illegal in themselves by the Laws and Statutes of this Realm, but likewise treasonable, detestable, tyrannical and destructive to the Privileges, Rights and being of Parliaments, the just Prerogatives and Personal safety of the Kings of England: the fundamental Government and Laws of the Realm, the Lives, Liberties, Properties and Estates of the People, and the most transcendent tyranny and usurpation over the King, Kingdom, Parliament, Peers, Commons, and Freemen of England ever practised or attempted in any Age, tending only to dishonour, enslave, and destroy this ancient flourishing Kingdom, and set up Anarchy and confusion in all places. All which exorbitant and traitorous Usurpations; We and all freeborn Englishmen are by all obligations bound to oppose to the uttermost with our lives and fortunes, lest We should be accessary to our own and our posterities slavery and ruin, for preventing whereof We have lately spent so much blood and treasury against the Malignant Party, whose treasons and insolences they fare exceed. * 100 The Kingly Office voted down. After almost 1000 years it is now discovered by these New Lights to be inconvenient to be in one hand; therefore it must be in the Council of State: forty Tyrants for one King. That is the Army and their Party. The 7. Febru: the Commons debated about the Kingly Office, and passed this Vote, Resolved, etc. By the Commons of England assembled in Parliament, that it hath been found by experience, and this House doth declare, that the Office of a King in this Nation, and to have the power thereof in any single Person is unnecessary, burdensome and dangerous to the liberty, safety, and public interest of the People of this Nation, and therefore aught to be abolished, 101. A Committee to bring in a list of Names for a Council of State. and that an Act be brought in for that purpose. A Committee was named to bring in a List of Names (not exceeding 40) to be a Committee of State, by Act of the House of Commons. This is to pull down one King, to whom we own Allegiance; and set up forty Tyrants, to whom we own no Allegiance. Instructions were given by the Commons for drawing new Commissions for the Judges, 102. New commissions for the judges, whereof six hold, & six quit their Places. according to the new antimonarchical stile and way, the new Great Seal being now ready, a Committee of the House met the judges about it; whereof six agreed to hold (upon a provision to be made by Act of the House of Commons, that the fundamental Laws be not abolished.) This very provision so made by Act of the Commons (beside all their former Votes against Monarchy, Peerage, altering the stile of Writs, coinage of Money, etc.) is itself an abolition of the fundamental Laws: This is but a Figleaf to cover their shame. Those that held were, of the King's bench. Mr. justice Rolls and judge jerman; of the Common Pleas, Mr. justice St. john, and judge Pheasant; of the Exchequer, Chief Baron Wild, and Baron Yates: those which quitted their Places and kept their consciences were, justice Bacon, justice Browne, 103. Cyrencester Election: But the Clerk of the Crown certified, that between the Committee of Elections, and himself) they could not find the Indentures of return: the House therefore Ordered, That they should sit, & do de service; so they are Burgesses not returned: but ordered to sit. Sir Tho: Beddinfeilde, justice Cressewell, Baron Treaver, and Baron Atkins. 8. Febr. The Election of the General and Col: Rich at Cyrencester which never durst see the light before, after about 3 years lying dormant, and no account made of it; is on a sudden reported to the House, approved of, and the Clerk of the Crown (for whom they have not invented a new name yet) ordered to mend the return of the Writ at the Bar. * 104. A Declaration, That they will keep the fundamental Laws, (lives) why did they erect the High Court of Justice, & do still count nue Martial Law? (liberties) why do they press Seamen then? (properties) why do they leavy illegal Taxes by Soldiers, & continue illegal Sequestrations. They likewise passed a Declaration to this purpose, that they are fully resolved to maintain, and shall and will uphold, preserve and keep the fundamental Laws of this Nation; for, and concerning the preservation of the lives, liberties and properties of the People, with all things incident thereunto, with the Alterations concerning Kings, and House of Lords, already resolved in this present Parliament. Monday, February 12. 105. The judges Circutes appointed, the Benches filled up, and their Oaths altered. The Commons appointed the Circuits for those judges that held, and passed an Act for Completing the judges of the several Courts, filling up the rooms of those that held not, with some alterations in their former Commissions, and a new Oath to be given them, to swear well and truly to serve the Commonwealth in the Office of a justice of the Upper Bench (which all our Laws call the King's Bench) or Common Pleas, according to the best of their skill and cunning. The House passed an Act that the Oath underwritten, 106. A new Oath for the Freemen of London, and other Corporations. and no other be administered to every Freeman of the City of London at his admission, and of all other Cities, Burroughs, and Towns Corporate. YOu shall swear, that you will be true and faithful to the Common-weath of England, and in order thereto, you shall be obedient to the just and good Government of the City of London, etc. 107. An Act to repeal the Oaths of Allegiance, Obedience, and Supremacy. They passed an Act also, to repeal the several Clauses in the Statutes, 1. EliZ. & 3. jacob. enjoining the Oaths of Allegiance, Obedience and Supremacy, That the said Oaths, and all other Oaths of the like nature shall be, and are hereby wholly taken away, the said Clauses in the said Acts be made void and null, and shall not hereafter be administered to any Person, neither shall any place or office be void hereafter by reason of the not taking of them, or any of them, any Law, Custom, or Statute to the contrary notwithstanding. 108. Another Declaration and Protestation of the secured & secluded Members In opposition to these tyrannous, destructive, illegal and traitorous proceed of 40. or 50. cheating Schismatics sitting nuder the force, and promoting the Jnterests of will and power of the rebellious Council of Officers in the Army: The secured and secluded Members of the House of Commons Declared as followeth: * A public Declaration and Protestation of the secured & secluded Members of the House of Commons; Against the treasonable & illegal late Acts & proceed of some few Confederate Members of that dead House, since their forcible Exclusion, 13. Febr. 1648. WE the secured and secluded Members of the late House of Commons, taking into our sad & serious Considerations the late dangerous, desperate and treasonable proceed of some few Members of that House (not amounting to a full eighth part of the House if divided into ten) who confederating with the Officers and General Council of the Army, have forcibly detained and secluded us (against the Honour, Freedom, and Privileges of Parliament) from sitting and voting freely with them, for the better settling of the Kingdom's peace; and contrary to their Oaths of Allegiance and Supremacy, their Protestation, the Solemn League and Covenant, and sundry Declarations and Remonstrances of both Houses, to His late Murdered MAJESTY, His Heirs and Successors, the whole Kingdoms of England, Scotland and Ireland, and to all foreign States and Nations (since our exclusion and forced absence from their Counsels, by reason of the Army's force) most presumptuously arrogated and usurped to themselves the Title of, The Supreme Authority of this Kingdom: and by colour and pretence thereof have wickedly and audaciously presumed, without and against our privities or consents, and against the unanimous Vote of the House of Peers, to erect a High Court of justice (as they term it) though never any Court themselves, to Arraign and Condemn His Majesty, against the laws of God, and the municipal Laws of the Realm: which Court (consisting for the most part of such partial and engaged Persons who had formerly vowed His Majesty's destruction, and sought His blood) most illegally & unjustly refused to admit of His Majesty's just Reasons and exceptions against their usurped jurisdiction; and without any lawful Authority or proof against Him, or legal Trial, presumed most traitorously and impiously to Condemn and Murder Him: and since that, have likewise presumed to Try and Arraign some Peers, and others free Subjects of this Realm for their Lives, contrary to Magna Charta, the Petition of Right, the Laws of the Land, and the Liberty of the Subjects, to the great enslaving and endangering of the lives and liberties of all free People of England. And whereas the said confederated Commons have likewise tyrannically and audaciously presumed contrary to their Oaths and Engagements aforesaid, to take upon them to make Acts of Parliament (as they term them) without our privity or assents, or the joint consent of the King and House of Lords, contrary to the Use and Privileges of Parliament and known Laws of the Land, and by pretext thereof have traitorously and wickedly endeavoured to Disinherit the Illustrious CHARLES Prince of Wales, next Heir to the Crown, and actual KING of England, Scotland, France, and Ireland, immediately after His said Royal Fathers barbarous Murder, by Right of Descent; and proclaimed it Treason for any Person to Proclaim Him KING; (whereas it is high Treason in them thus to prohibit His proclaiming) and have likewise traitorously and impudently encroached a tyrannical & lawless power to themselves to Vote down our ancient Kingly & Monarchical Government, and the House of Peers; and to make a new Great Seal of England without the King's Portraiture or Style, and to alter the ancient Regal and Legal stile of Writs & proceed in the Courts of justice, & to create new judges and Commissioners of the Great Seal, and to dispense with their Oaths of Supremacy and Allegiance, and to prescribe new Oaths unto them contrary to Law, (though they have no Authority by any Law, Statute, or Custom to administer or enjoin an Oath to any man) and thereby have traitorously attempted to alter the fundamental Laws and Government of this Kingdom, and to subvert the freedom, privileges, and being of Parliaments; for which Treasons, Strafford and Canterbury (though least criminal) lost their Heads this last Parliament, by some of their own prosecutions, and the judgement of both Houses. We in discharge of our respective duties and obligations both to God, the King, our own Consciences, our bleeding dying Kingdoms, and the several Counties, Cities and Burroughs for which we serve, do by this present Writing, in our own Names, and in the Names of all the Counties, Cities, and Burroughs which We represented in Parliament, publicly declare and solemnly protest before the allseeing God, the whole Kingdoms of England, Scotland, and Ireland, and the world, that We do from the bottom of our hearts abominate, renounce and disclaim all the said pretended Acts, Votes, and proceed of the said confederate Members, (acted under the Army's power against our Consents) as treasonable, wicked, illegal, unparliamentary, tyrannical, and pernicious both to the King, Parliamt, Kingdoms, and all the freeborn People of this Realm; extremely disadvantageous and dishonourable to our Nation, scandalous to our Religion, and mere forcible Usurpations, and Nullities void in Law to all intents and purposes; which we, and all the Freemen of this Kingdom, and all the Kingdoms and Dominions thereto belonging, are bound openly to disavow, oppugn, and resist as such, with our purses, arms, lives, to the last drop of our bloods; and to which, neither We, nor any other can, ought, or dare to submit or assent in the least degree, without incurring the guilt of High Treason, and the highest perjury, infamy, and disloyalty. And in case the said Confederates shall not speedily retract, and desist from those their treasonable practices, and tyrannical usurpations; (which We cordially desire and entreat them by all obligations of love and respect they have to God, Religion, their King, Country and Posterity timely to do.) We do hereby denounce and declare them to be Traitors and public Enemies both to the King and Kingdom, and shall esteem and prosecute them, with all their wilful Adherents, and voluntary Assistants as such; and endeavour to bring them to speedy and condign Punishment, according to the Solemn League and Covenant; wherein, We trust the whole Kingdom, all those for whom We serve, and the Lord of Hosts himself to whom We have sworn and lifted up our hands, hearts, and fervent prayers will be aiding and assisting to us, and all our Brethren of Scotland and Ireland who are united and conjoined with us in Covenant to our GOD, and Allegiance to our Sovereign King CHARLES the Second, who (we trust) will make good all His destroyed Father's Concessions which really concern our peace, or safety, and secure Us against all force and tyranny of our Fellow-subjects; who now, contrary to their Trusts and former Engagements, endeavour by the mere power of that Sword, (which was purposely raised for the protection of our Persons, Government, Religion, Laws, Liberties, the KING's Royal Person and Posterity, and the Privileges of Perliament) to Lord it over Us at their pleasure, and enthrall and enslave Us to their armed violence, and lawless martial wills; which we can no longer tolerate nor undergo, after so long fruitless and abused patience in hope of their repentance. 109. A Paper entitled, [Four true Positions, etc.] About the same time came out another Paper, entitled: ❧ Four true and considerable Positions for the sitting Menbers, the new Cours of justice, and new judges, Sheriffs, Officers Lawyers, justices, and others to ruminate upon. 1. THat the whole House of Commons in no Age had any Power, Right or Lawful Authority to make any Valid or binding Act or Ordinance of Parliament; or to impose any Tax, Oath, Forfeiture, or capital punishment upon any Person or Freeman of this Realm, without the Lords or Kings concurrent assents: much less than can a small remnant only of the Members of that House do it, sitting under an armed force (which nulls and vacates all their Votes and proceedings, as the Ordinance of 20. August. 1647. declares) whilst most of their Fellow-Members are forcibly detained and driven thence, as Mr. St. john proves in his Speech concerning Shipmoney, p. 33. and in his Argument concerning the Earl of Strafford's Attainder, p. 70. 71. 76. 77. 78. and Sir Edw. Coke in his 4. Instit. c. 1. 2. That the few Members now sitting in, and the House of Commons being no Court of justice of itself, and having no power to hear and determine any civil or criminal Causes, nor to give an Oath in any case whatsoever, cannot by the Laws and Statutes of the Realm, nor by any pretext of authority whatsoever, erect any new Court of justice, nor give power or authority to any new judges, justices, or Commissioners to arraign, try, condemn or execute any Subject of meanest quality, for any real or pretended crime whatsoever; much less their own Sovereign Lord the King; or any Peers of this Realm, who ought to be tried by their Peers, and by the Law of the Land alone, and not otherwise. And that the condemning and executing the King, or any Peer, or other Subject by pretext of such an illegal Authority, is no less than High Treason and wilful Murder, both in the Members, the Commissioners, judges or justices giving and executing Sentence of Death in any such arbitrary and lawless void Court, or by virtue of any such void & illegal Commissions. 3. That the House of Commons and Members now sitting, have no power nor authority to make or alter the Great Seal of England, or grant any Commissions to any Commissioners, judges, Sheriffs, Justices of the Peace, or any other. That all the Commissions granted by them, under their New, or any other Seal, are merely void & illegal; and all the new Writs and proceed in Law or Equity before any judges, justices, Sheriffs, or other Officers made by them, merely void in Law to all intents, & coram non judice. 4. That the denial of the KING's Title to the Crown, and plotting the means to deprive Him of it, or to set it upon another's Head, is High Treason, within the Stature of 25. Ed. 3. ch. 2. And that the endeavouring to subvert the Fundamental Laws and Government of the Realm of England [by King, Lords, and Commons] and to introduce a tyrannical or arbitrary Government against Law, is High Treason at the Common Law (especially in judges and Lawyers) not taken away by any Statute. Both which Mr St. john in his Argument at Law, concerning the Bill of attainder of high Treason of Tho: E. of Strafford, published by order of the Com: House, An. 1641. p. 8. 14. to 33. & 64. to 78. And in his Speech at a Conference of both Houses of Parl: concerning Ship money, An. 1640. hath proved very fully by many reasons and precedents; and Coke in his 7. Report, f. 10, 11, 12. & 3. Instit. c. 1. That the Commons now sitting, in making a new Great Seal, without the King's Image or Style, in granting new illegal Commissions to judges, Justices of Peace, Sheriffs, and other Officers in the name of Custodes Angliae in the general, in omitting and altering the King's Name, Style and Title in Writs, Process, Indictments, and proceed at the Common Law, and thereby endeavouring to Disinherit the Prince, (now lawful King by and since his Father's bloody murder) and to alter and subvert the Fundamental Laws and Government of the Realm, by such Commissions and proceed, and by the power of an Army to enforce them; and the judges, justices, Sheriffs, and other Officers who accept of such Commissions, and all those (especially Lawyers) who voluntarily assist, consent, and submit to such Commissions and Alterations by such usurped illegal Authority, and the Commissioners sitting in the New Courts of Justice are most really guilty of both these high * Whereupon six Judges refused to accept any new Commissions, or to act as judges. Treasons (in which there are no Accessories) and less excusable than Strafford or Canterbury, whom some of these new judges and sitting Members impeached and prosecuted to death for those very Treasons themselves now act in a more apparent and higher degree than they, and (in respect of their Oaths, Covenant, Callings and Places) are more obliged to maintain the King's Title, the Fundamental Laws and Government, the Rights and Liberties of the Kingdom and Parliament than they; and therefore (if they persevere therein) may justly expect the selfsame capital punishments they underwent, if not fare worse; especially since they attempt to reduce the ancientest Kingdom of all Christendom, into the puniest and most contemptible State in all the World; and thereby to render us the most infamous, perfidious and dishonourable Nation under Heaven, both to the present and all succeeding Ages: which must needs make the Contrivers and Abetters thereof the most detestable Traitors and public Enemies to their King and native Country that ever this Realm brought forth in any Age. Repent therefore of these your treasons, and amend your lives, if you expect the least hope of pardon from God or Man; and expiate all your former high misdemeanours, by engaging all your power and endeavours to settle all things in Church and State according to your primitive engagements; instead of accumulating one sin and Treason to another, which will prove your certain ruin in conclusion, 110. Six propositions of undoubted verity. Another Paper. not your safety. About the same time, and (it is thought) from the same Author came forth a Paper bearing the Title of, ❧ Six Propositions of undoubted verity, fit to be considered in our present exigency by all loyal Subjects and conscientious Christians. Every act of Parliament relateth to the first day of the same Parliam: but it cannot be, that any Act passed in the Reign of King Charles the second should relate to the first day of this Parliament, which happened in the sixteenth year of Charles the First, ergo, this Parliament is determined by the death of King Charles the first. 1. THat this Parliament is ipso facto Dissolved by the King's death; He being the Head, Beginning and End of the Parliament, called only by his Writ, to Confer with Him as His Parliament and Council about urgent affairs, concerning Him and His Kingdom, and so was it resolved in 1. Hen. 4. Rot. Parl. n. 1. 14 H. 4. Coke 4. Instit. p. 46. & 4 C. 4. f. 44. b. 2. That immediately upon this Parliaments dissolution by the King's death, all Commissions granted by the King, or by one or both Houses to the General or Officers of the Army, the Commissioners of the Great Seal of England, judges of the King's Courts, justices of Peace, Sheriffs, Excise-men, Customers, and the like; with all Committees, and Ordinances of one or both Houses made this Parliament, did actually determine, expire, and become merely void in Law to all intents and purposes, and cannot be Continued as good and valid by any Power whatsoever. 3. That instantly after the King's decease, the Imperial Crown of this Realm of England, and of the Kingdoms, Dominions, and Rights thereunto belonging, was by inherent Birthright, and Lawful undoubted succession and descent actually vested in the most Jllustrious Charles, Prince of Wales, being next lineal Heir of the blood Royal to his Father King CHARLES: and that He is actual KING thereof, before any Ceremony of Coronation, as is resolved in full Parliament, by the Statute of 1. jacobi, ch. 1. and by all the judges of England since. Coke 7. Report. f. 10, 11. in calvin's Case, Whose Royal Person and Title to the Crown all loyal Subjects are bound by their Oaths of Supremacy, Allegiance, and Solemn League and Covenant, with their Estates, Lives, and last drop of their bloods to maintain against all Opposers. 4. That all Peers of the Realm, Mayors, Sheriffs, chief Officers of Cities and Corporations in this Kingdom, are obliged by their Places and Allegiance, without any delays or excuses, to declare and proclaim Prince Charles to be rightful King of England, and of all Kingdoms and Rights thereunto belonging; notwithstanding any illegal prohibitions or menaces to the contrary by any usurped Power whatsoever; under pain of being guilty of High Treason, and forfeiting their City and Corporation Charters, in case of supine neglect or refusal thereof; through fair, terror or any sinister respect. 5. That till King Charles be settled in his Throne, or give other Order, the present Government of the Kingdom is legally vested only in the Lords and Peers of the Realm, being by Inheritance, Custom and Law in such case, the Kings and Kingdoms great Council, to whose lawful Commands all other Subjects ought to yield ready Obedience. 6. That every professed actual endeavour by force or otherwise to alter the fundamental Monarchical Government, Laws, and legal Style and proceed of this Realm; and to introduce any new Government or Arbitrary proceed contrary thereunto, is no less than High Treason, and so declared & resolved by the last Parliamt, in the Cases of Strafford and Canterbury, the loss of whose Heads (yet fresh in memory) should deter all others from pursuing their pernicious courses and outstripping them therein; they being as great, potent, and as fare out of the reach of danger and justice in humane probability as any of our present Grandees. 111. A New Stamp for Coin That no Act of Rebellion and Treason might be unattempted by this Conventicle, no part of the Regalities of the King, or People's Liberties unviolated; they considered of a New Stamp to be given to all Coin (for the future) of this Nation. 112. Instructions for the Council of State. 13. Febr. They considered of Instructions and Power to be given by way of Commission to the said Committee, or Council of State. 1. For the Government of the two Nations of England & Ireland; appointing a Committee to bring in the Names of these Hogens Mogens; and to perfect their Instructions: for, (1) Ordering the Militia. (2) Governing the People, (they were wont to be Governed by known Laws, not by Arbitrary Instructions, and by one King, not by forty Tyrants, most of them base Mechanics, whose education never taught them to aspire to more knowledge than the Office of a Constable.) (3) Settling of Trade. (most of them have driven a rich Trade in the work of Reformation for themselves.) (4) Execution of Laws, (this was wont to be done by legal sworn judges, juries, and Officers.) 113. Powers given to the Council of State. 14. Febr. The Committee reported to the House the Names of the Committee of State, or Lords States General. Also the Power they were to have, viz: 1. Power to command and settle the Militia of England and Ireland. 2. Power to set forth Ships, and such a considerable Navy as they should think fit. 3. Power to appoint Magazines and Stores for the Kingdoms of England and Ireland, and dispose of them from time to time for the service of both Nations, as they shall think fit. 4. Power to sit and execute the several powers given for the space of one whole year; with many other powers not yet revealed, and daily increased: besides what improvements of Power they are able to make hereafter, having the Militia of an Army (that formidable Hobgoblin) at their Command. They have two Seals appointed, a Great Seal, and a Signet Patents for Sheriffs, and Commissions for Justices, and Oaths for both, were reform according to the Godly cut. When the Committee of State was nominated in the House, 114. An expurgatory Oath put upon the Council of State, scrupled by some of the Members, and moderated by Cromwell, in opposition of the Levellers. divers Gentlemen of the best quality were named; whom they could not omit, because they had sat with them, and concurred in all their great debates: although they had more confidence in those petty Fellows, who had, or would sell their souls for gain, to make themselves Gentlemen, to debar the said Gentlemen of quality therefore and make them forbear, they invented an expurgatory Oath or Shibeleth to be taken by every Member before his initiation, whereby they should Declare, That they approved of what the House of Commons and their High Court of justice had done against the KING, and of their abolishing of Kingly Government, and of the House of Peers, and that the Legislative and Supreme power was wholly in the House of Commons. 22. Febr: Cromwell (Chairman of that Committee of State) reported to the Commons, That according to the order of that House, 19 of the said Members had subscribed to that form of the Oath as it was originally penned: but 22. of them scrupled it, whereof all the Lords were part, not but that they confessed (except one) The Commons of England to be the Supreme power of the Nation, or that they would not live and die with them in what they shall do for the future, but could not confirm what they had done in relation to the King and Lords: so it was referred to a Committee to consider of an expedient. Cromwell (having made use of the Levellers (Assertors of public Liberty) to purge the House of Commons, 115. Cromwell's usurped power. When the House of Commons opposed Cromwells and … on's designs, they cried up the Liberty of the People, and decried the Authority of Parliament, until they had made use of the Levellers to purge the House of Commons, and make it subservient to their ends; and abolish the House of Lords: and then they cried up the Supreme Authority of their House of Commons, and decried the Liberty of the People, and the Levellers who upheld it. So Charles the 5. first made use of the Pope's Authority to subdue the Protestants of Germany, and then used an Army of Protestants to subdue and imprison the Pope. and abolish the Lords House) doth now endeavour to cast down the Levellers once more, finding himself raised to so great an height, that he cannot endure to think of a levelling equality; he overswaies the Council of War, over-awes the House of Commons, and is Chairman and Ringleader of the Council of State: so that he hath engrossed all the power of England into his own hands, and is become the Triple King, or Lord Paramount over all the Tyrants of England; in opposition therefore to the Levelling party, and for the upholding his own more Lordly Interest, he procured an expedient to Alter and Reform the said Oath, which at last passed in this form following: February the 22. 1648. 116. The form of the said reform Oath. I A.B. being nominated a Member of the Council of State by this present Parliament, do testify, that I do adhere to this present Parliament, in the maintenance and defence, of the public liberty and freedom of this Nation as it is now Declared by this Parliament, (by whose Authority I am constituted a Member of the said Council) and in the maintenance and defence of their resolutions concerning the settling of the Government of this Nation for the future, in way of a Republic without King or House of Peers, and I do promise in the sight of God, that (through his Grace) I will be faithful in performance of the trust committed to me as aforesaid, and therein faithfully pursue the Instructions given to the said Council by this present Parliament; Here you see a curtain drawn between the eyes of the people & the clandestine machinations and actings of this Council. and not reveal or disclose any thing in whole or in part, directly, or indirectly, that shall be debated or resolved upon in the Council, without the command or direction of the Parliament, or without the order or allowance of the major part of the Council, or of the major part of them that shall be present at such Debates or Resolutions: In confirmation of the premises, I have hereto subscribed my Name. 117. The C: of War debate to massacre the King's party. See Will: Sedgwicks [justice upon the Army's Remonstrance.] About this time it was debated at the Council of War to Massacre and put to the Sword all the KING's Party. The Question put, was carried in the Negative but by two Voices. You see what Furies pursue these sinful Wretches, and what dangerous rocks they dash upon, in order to that base and cowardly principle of Self-preservation. 118. Schismatical Petitions for 2. or 3. principal Gentlemen in each Country to be brought to justice. The Army hath in every County of England packs of schismatical Beagles, whom they hollow on to hunt in full cry (by Petitions to the House) after the blood of such whom they design for slaughter. Many Petitions have been lately presented, That two or three principal Gentlemen of the KING's Party (by name) in each County, might be sacrificed to justice, whereby the Land might be freed from blood-guiltiness. Divers Merchants have contracted to send forth several Ships for the next Summer's Fleet, at their own charge. 119. Merchant's arming Ships for this Summer's Fleet. The prodigious High Court of justice was revived in order to the Trial of the Earl of Holland, the Earl of Cambridge, the Earl of Norwich, the Lord Capel, and Sir john Owen's; 120. The High Court of justice revived. the Commissioners were changed (that they may engage as many men in arbitrary, illegal tyranny and bloodshed as they can.) Hamilton was exceedingly importuned by Cromwell (who took a journey to Windsor purposely) to name such Members of Parliament and Citizens as had any hand in calling him in: 121. The History of Hamiltons' imprisonment and death. See digitus Dei upon Duke Hamilton. this he either could not, or would not do; he had (in order to his own ambition) first exasperated the Independent party against the KING, and afterwards sought their ruin by engaging for the KING: and he doubted that to undertake so odious an office as to play the Devil's part, and be an Accuser of his Brethren, would but set a gloss upon the Independents intended severity against him. Being brought to St. James' in order to his Trial, Cromwell (hoping to train him to a confession) caused all his Creatures to carry a favourable countenance to him. Bradshaw smoothed him up with soft language at the Bar; the Lord Grace of Grooby, Col: Wait, and Hugh Peter, gave him hopes that they would not much obstruct his pretended Plea of Quarter from Lambert upon Articles, Peter's avouched Quarter so given by Lambert; notwithstanding Colonel Wait (when he made Report to the House of Commons how he took him) affirmed He yielded at discretion, and Lambert was not then near him: after this Peter gives Hamilton a Visit, who gives Peter's thanks and money to boot for his late favour done him in Court; Quaere, What an accusation extorted for fear of death, and hope of life is worth? Hamilton confessed at his death, he had been much pressed; yet had named no man. Argyle. and knowing him to be an Instrument of Cromwell's, employed him as his Solicitor to the Members of the House and Army. Peter's prays for Hamilton openly as his Lord & Patron, still feeding him with hopes, If he would Impeach their Opposites: yet still he waved this, offering them 100000 l. for his life, and often inculcating what services he would do them in Scotland; for which purpose he offered to join Interests with Argyle, and be a Servant to their Party. Messengers were posted into Scotland to know Argyles pleasure: But he had been overreached formerly by Hamilton, & he was resolved to admit no Competitor, which would have eclipsed his greatness, and have made him not the sole Patron of Scotish Independency: Besides, the Kirke so fare hated Hamilton that they preached off his Head in Scotland, before it was cut off in England: the High Court of justice lingered long in expectation of an Answer; at last such a one came as decried all reconciliation with Hamilton; whereupon the scene was altered presently, Bradshaw handled him roughly at the Bar, Mar. 6. Those which smiled on him before, frowned now; being asked wh●● he could say? he pleaded Quarter, and vouched Peter's Testimony: who with a brazen face renounced his former Testimony, When Hamilton was upon the Scaffold, divers Officers of the Army, and Hugh Peter's conversed familiarly with him, to the last, and Messengers passed to and fro, saying, He now remembered no such matter, but that the Army scorned to give quarter to him, or any of his Nation: whereupon, he was condemned to the Block; which Sentence was executed upon him, March 9 yet they fed Hamilton with vain hopes to the last gasp, for fear he should give glory to God, and throw shame and infamy upon themselves by a Christian confession of his, Argyles, and their mutual villainies: besides, such a Discovery would have made Argyle less serviceable to them in Scotland, whose next design is to cajole the Kirke by seeming an Enemy to the Sectaries of England, and pretending to serve the Presbyterian Interest. Thus I conclude the Tragedy of Duke Hamilton. 122 The Death of the Ld Capel. In opposition to whom, I will briefly relate the Tragedy of the noble Lord Capel, a Gentleman of great courage and integrity. He had made an adventurous escape out of the Tower, but was retaken by the treachery of a limping Waterman, (if I known his Name I would bestow a blot of Ink upon him.) He pleaded for himself Articles of Surrender (which were real in him, though not in Hamilton) that divers that were in Colchester, and in his condition, had been admitted to Compound; and desired to be referred to Martial Law, which being denied, He moved, he might not be debarred of Additionall defence; if he must be judged by the Common Law, than he demanded the full benefit of that Declaration of the Commons, 19 Feb. 1648. which Enacteth & Declareth, That though King and Lords be laid aside, yet all other the fundamental Laws shall be in force concerning the lives, liberties and properties of the Subject: and recommended to them Magna Charta, The Petition of Right, 3 Caroli: and the Act made, H. 7. for indempuity of all such as adhered to the present King in possessione also the exception in the Act of Attainder of Strafford and Canterbury, which says, Their Cases shall not be used as a precedent against any man: He desired to see his jury, and that they might see him, and so might be Tried by his Peers, saying, He did believe no precedent could be given of any Subject Tried, but by Bill of Attainder in Parliament, or by a Iury. But all was but to charm a deaf Adder. He was a gallant Gentleman, and they durst not let him live. The KING's Library at St. 123. The King's Library at Saint James' given to Hugh Peter. James' was given (I hear) to that ignorant Stage player Hugh Peter. 26. Febr. john Lylborne delivered to the Commons (by the name of the Supreme Authority of England) A Petition in the name of many thousand well-affected, with a Book annexed, entitled, 124. L.C. Lylburnes Petition to the House, with England's new Chains, annexed. See the Hunting the Foxes, etc. pag. 8. England's new Chains discovered. The most material points thereof are, that they find fault with The Agreement of the People, presented to the House by Lieut. Gen: Hammond, from the Officers of the Army: because. 1. They like not there should be any intervals between the end of this Representative now sitting, and the beginning of the next, whereby during the said Interval the Supreme power will be lest in the new erected Council of State, a Constitution of a new and unexperienced nature, which may design to perpetuate their power, and keep off Parliaments and Representatives for ever. 2. They conceive no less danger in that it is provided that Parliaments for the future, are to continue but 6 months, and the Council of State 18 Months; in which time having Command of all the Forces by Sea and Land, they will have great opportunities to make themselves absolute and unaccountable. 3. They are not satisfied with that Clause in the said Agreement, That the Representative shall extend to the erecting and abolishing Courts of justice; since the alteration of the usual way of Trials by 12 sworn Men of the Neighbourhood may be included therein, as hath lately been done by erecting a new High Court of justice criminal under a Precedent and Commissioners, or Tryers picked and chosen in an unusual way, all liberty of exceptions against them being overruled. 4. They are not satisfied with that Clause in the Agreement, That the Representative have the Highest small judgement; since their Authority is only to make General Laws, Rules and Directions for Courts, and Persons assigned by Law to execute them, unto which the Representatives themselves are to be subject, it being a great partiality and vexation to the People, that the Lawmakers should be Law-executors. 5. They find fault with the Excise, calling it, The great obstructor of all Trade, fare surmounting Ship-money, and all Patents, Projects, and Monopolies before this Parliament. 6. The Act for Pressing of Seamen. 7. The General and Officers obstructing the Press. 8. The Chancery and Courts of justice not regulated. Hunting the Foxes, p. 8. sajes it was Iretons invention. 9 They complain, That a Council of State is hastily chosen as Guardians of the People's liberties, with a vast and exorbitant power: 1. To command, order, and dispose of all Forces by Sea and Land, and all Magazines of Store in England and Ireland. 2. To dispose all Public Treasure. 3. To command any Person whatsoever before them, to give Oath for discovery of Truth. 4. To Imprison any that shall disobey their Commands, and such as they shall judge contumacious: what now is become of Magna Charta, and the Liberties of the People, That no Man's Person shall be Attached or Imprisoned, or Dissersed of his or Free-customs but by Lawful judgement of his Equals? This Council of State hath got all Power into their hands (a project long laboured) and now their next motion will be (pretending ease to the People) to Dissolve this Parliament. 10. The Petitioners complain, that in order to settle their Tyranny, the Council of Officers insisted upon it, That a motion should be made to the House of Commons, to enable them to put to death by Martial Law all such as they shall judge by Petitions, or otherwise to disturb the present proceed, whether Members of the Army, or not. And when it was urged, That the Civil Magistrate should do it: it was answered. * The saying of Col. Hewson the one-eyed Cobbler. See Hunting the Foxes, p. 10. They could hang twenty ere the Magistrate could hang one. The prayer of their Petition is: 1. That the Selfdenying Ordinance be observed. 2. That they would consider how dangerous it is, to continue the Highest Military Commands so long in the same Persons, especially acting so long distinct, and of themselves, as those now in being have done, and in such extraordinary ways, whereunto they have accustomed themselves, which was the original of most Tyrannies. 3. That they would appoint a Committee of Parliament-men, to hear, and determine all controversies between Officers and Officers officers, and Soldiers: To mitigate the rigour of Martial Law, and to provide it be not executed upon any, not members of the Army. 4. That they will open the Presses. 5. That they will dissolve this Council of State, threatening so manifest Tyranny. 6. That they will severely punish all such as acting upon any Order, Ordinance, or Act of Parliament, shall exceed the power conferred on them. After this, 125. A second part of England's New Chains. came forth a second part of England's new Chains discovered, setting forth the hypocrisy and perfidiousness of the Council of the Army and the Grandees, in cheating all Interests, King, Parliament, People, Soldiers, City, Agitators, Levellers, etc. which tells you, That the Grandees walk by no principles of honesty or Conscience, but (as mere Politicians) are governed altogether by occasion as they see a possibility of making progress to their Designs, which course of theirs, they ever termed. A waiting upon Providence, that under colour of Religion they might deceive the more securely. It tells you, their intent is to Garrison all great Towns, to break the spirits of the People with oppression and poverty. It farther Declares, that these Grandees judge themselves lose, when other men are bound; all Obligations are to them Transitory and Ceremonial; and that every thing is good and just as it conduceth to their Interests. That the Grandees never intended an Agreement of the People, but only to amuse that party, whilst they hastily set up a Council of State to establish their tyranny; that to prepare the way to this, they broke the House of Commons, took away the House of Lords, removed the King by an extrajudicial way of proceed, and erected such a Court of justice as had no place in the English Government. That the remainder of the House of Commons is become a mere channel through which is conveyed all the Decrees and Determinations of a private Council of some few Officers. All these, and the Votes, That the Supreme Power is in the People, and the Supreme Authority in the Commons their Representative, were only in order to their Interests of will and power. That they place their security in the divisions of the People. That if the present House of Commons should never so little cross the ambition of these Grandees, they would show no more modesty to them than they have done to the excluded Members: See the Hunting of the Foxes, etc. p. 6, 7, 8. And so it concludes with a Protestation against their breaking the Faith of the Army with all Parties, their dissolving the Council of Agitators, and usurping a power of giving forth the sense of the Army against the Parliament and People, against their shooting to death ●he Soldier at Ware, Return to sect. 2. & 5. and their cruelties exercised upon other Persons, to the debasing of their Spirits, and thereby new-moulding the Army to their Designs: against their playing fast and lose with the King and His Party till they had brought a new and dangerous War upon this Nation. They also protest against their dissembled Repentances, against their late extraordinary proceed in Bringing the Army upon the City, (to the ruin of Trade) their breaking the House of Commons in pieces, without Charging the Members particularly, and then judging and taking away men's lives in an extraordinary way, as done for no other end but to make way for their own absolute Domination. They also protest against the Election and establishment of those High Courts of justice, as unjust in themselves, and of dangerous precedent in time to come; as likewise against the Council of State, and putting some of themselves therein, contrary to their own Agreement. They also protest against all other the like Meetings of those officers, that on Thursday, 2. Feb. Voted for so bloody a Law, as to hang whom they should judge disturbed the Army, as having no power either by such Counsels to give the sense of the Army, or to judge any Person not of the Army, or to do any thing in reference to the Commonwealth. 126. The Hunting of the Foxes from Tryplo and Newmarket by 5 small Beagles, p. 8. About this time also became public a pretty Book, entitled [The Hunting of the Foxes from New-market and Triploe to Whitehall by 5 small Beagles,] which tells you, That the Grandee-Officers of the Army to keep the Soldiers quiet did formalize about an Agreement of the People whilst they carried on their platform of absolute tyranny (long since hatched by Ireton) by erecting a Council of State: no sooner was this monster borne, but it devoured half the Parliament of England, & now it is adorning itself with Regal magnificence, and majesty of courtly Attendants, and like the 30 Tyrants of Athens, to head itself over the People; this is, and yet this is not our new intended King, there is a King to succeed, this is but his Viceroy. O Cromwell! whither art thou aspiring? the word is already given out amongst their Officers, That this Nation must have one prime Magistrate or Ruler over them, and that the General hath power to make a Law to bind all the Commons of England: This was most daringly and desperately avowed at Whitehall, and to this temper these Court Officers are now a moulding: He that runs may read & foresee a new Regality, thus by their Machivilian pretences & wicked practices, they are become Masters & Usurpers of the name of the Army, & of the name of the Parliament, under which Visors they have leveled & destroyed all the Authority of this Nation; for, the Parliament indeed & in truth is no Parliament, but a Representative Glass of the Councell of War; and the Council of War 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, General Council, High Court, and Council of State, play all the strange pranks that are played. And further, p. 13. The conclave of Officers have sucked in the venom of all former corrupt Courts and Interests, the High Commission, Star-chamber, the House of Lords, the King and his privy Council, are all alive in that Court called, The General Council 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, etc. And the Army secured & expelled 250. Members for using liberty to vote according to their consciences, and overruled those few they left sitting to unvote in a thin House, what was voted in a full House; this is more than to usurp a Negative Voice over them: return 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 pass nothing without the House of Lords, and now they dare pass nothing without the concurrence of the conclave of Officers: we were formerly ruled by King, Lords, and Commons; now by a General, Court Marshal, 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 martial Lords) are Members both in the House, or Council of Officers, and in the House of Commons, we have not the change of a Kingdom to a Commonwealth; we are only under the old cheat, A transmutation of Names, but with the addition of new Tyrannies, for casting out one unclean Spirit, they have brought with them in his stead seven other unclean Spirits more wicked than the former, and they have entered in and dwell there, and the last state of this Commonwealth is worse than the first. Lastly, they set down some illegal proceed and Examinations before the Council of War, exceeding the High Commission, and Star-chamber. 127. The Author's censure of the Levellers. These three Books show the late endeavours of the Agitators, and that party which the Grandees politicly miscall (to cast an odium upon them) Levellers; they are the truest Assertors of humane liberty, and the most constant and faithful 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 public Authority, (which I am confident is feasible, since their principles concentre in the public, not in their own private Interest and Opinions, and are no otherways changeable than conduceth with the emergent occasions of the Commonwealth) yet they are but like the water-boughs of a healthy fruit Tree, rather troublesome than dangerous, whereas the designs of their Antagonists (like rocks under water, or poison in well-cooked meat) destroy before they are discovered. 128. The Author's censure of His Majesty's Posthumus work, entitled, (The Pourtraicture of His Sacred Majesty in His Solitudes and Sufferings.) About this time arose a Phoenix out of His Majesty's Ashes, that most excellent Issue of His Brain, entitled, [THE POURTRAICTURE OF HIS SACRED MAJESTY IN HIS SOLITUDES AND SUFFERINGS.] A Book full fraught with wisdom, Divine and Humane, showing Him to be more than Conqueror of His Enemies in His rare Christian patience and charity; the very reading of it aggravateth our loss of so Gracious and excellent a Prince, that had learned the whole method of humane perfection in the school of adversity. Herod and his jews never persecuted Christ in his swadling-clouts with more industrious malice, than the antimonarchical 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 abhor their vices. March 8. 1648. 129. The form of Writs for Elections changed. The Commons assented to a new Form of a Writ for election of Knights and Burgesses for the Parliament. But three days before it was reported to the House from the Council of State, what number of Horse & Foot they thought sit to be kept up for the service of England and Ireland, 103. A new establishment for the Army reported to the House from our new Masters the Council of State. and the Monthly charge, which estimated comes to 160000 l. per mensem. You see we are likely to find these our new Lords such gracious Masters to us, that (as the second part of England's new Chains saith) We shall have Taxes, though we have neither Trade nor Bread. In the Earl of Essex time (when the War was at the highest) the Monthly Tax came but to 54000 l. a Month, yet had we then seven or eight Brigades besides his Army and Garrisons: but that the Faction of Saints may carry on the work of a thorough Reformation in our purses, as well as they have done in the Church & Commonwealth, 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 show they can use double dealing against the Ungodly) they would double the sum from 80000 l. to 160000 l. a Month, this is to break our hearts with popetry, and make them take what impressions of slavery they please to set upon them; this Conventicle of State will engross all the Coin & Treasure of the Land into their own hands, & then subdue us therewith, & make us (like slavish Egyptians) cell ourselves and our Lands for Bread, or money to buy Bread, when (that inseparable companion of a long war) Famine approacheth, which their barbarous and illegal Sequestrations (unstocking men's Farms and laying them waste) 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 Tradesmen, who being disabled to pay their Taxes, the Army cause all their Arrears to be levied upon the City by a new Tax upon the rest of the Inhabitants & the Ourlandlords; and when Cromwell was told, this would undo the City, He answered, It was no matter, the more were undone, the more would clap Swords to their sides and come into the Army: you see Soldiery is intended to be the chief Trade. 131. An Act for Abolishing the Kingly Office, etc. March 17. 1648. The empty House of commons in farther prosecution of their said Design, and to please their Masters of the Army, passed, printed, and published in the form & style of a Statute this Paper following: entitled, An Act for the Abolishing the Kingly Office in England, Ireland, and the Dominions thereto belonging. WHereas Charles Stuart late King of England, Ireland, and the Territories and Dominions thereunto belonging, hath by Authority derived from Parliament, Since by the la, the Crown cures all defects; how can the King's blood be attainted? been, and is hereby declared to be justly condemned, adjudged to die and put to death, for many treasons, murders, and other heinous offences committed by him, by which Judgement he stood and is hereby declared to be attainted of High Treason, whereby his Issue and Posterity, and all others pretending Title under him, are become uncapable of the said Crowns, or of being King or Queen of the said Kingdom or Dominions, or either or any if them: Be it therefore Enacted and Ordained, and it is Enacted, We have sworn saith & Allegiance to K Charles the First, His lawful Heirs & Succ ssors, and our Vow is recorded in Heaven from which no power on earth can absolve us. See the Oaths of Allegiance, Obedience, and Supremacy. The Statute of Recognition, 1. jac. But the Commons are now so Supreme, as in imitation of the Pope to bring this Clause in practice, Licet de jure non possumus, tamen pro plenitudine potestatis nostrae volumus, etc. Ordained, and Declared, by this present Parliament, and by Authority thereof, That all the People of England and Ireland, and the Dominions and Territories thereunto belonging, of what degree or condition soever, are discharged of all Fealty, Homage and Allegiance which is or shall be pretended to be due unto any of the Issue and Posterity of the said late King, or any claiming under him; and that Charles Stuart eldest Son, and James called Duke of York, second Son, and all other the Issue and Posterity of him the said late King, and all and every person and persons pretending Title from, by, or under him, All our Laws cut off by the non obstante of an eight part of the House of Commons sitting under a force. After almost 1000 years' experience it now found to be dangerous. The English were never one half-quarter so much ens aved since William the Conqueror subdued them, as they have been since Oliver the Brewer subjugated them. are and be disabled to hold or enjoy the said Crown of England and Ireland, and other the Dominions thereunto belonging, or any of them; or to have the Name, Title, Style or Dignity of King or Queen of England and Ireland, Prince of Wales, or any of them; or to have and enjoy the power and Dominion of the said Kingdoms and Dominions, or any of them, or the Honours, Manors, Lands, Tenements, Possessions, and Hereditaments belonging or appertaining to the said Crown of England and Ireland, and other the Dominions aforesaid, or to any of them; or to the Principality of Wales, Duchy of Lancaster or Cornwall, or any or either of them, Any Law, Statute, Ordinance, Usage or Custom to the contrary hereof in any wise notwithstanding: And whereas it is and hath been found by experience, that the Office of a King in this Nation and Ireland, and to have the power thereof in any single Person, is unnecessary, burdensome and dangerous to the liberty, safety and public interest of the people, and that for the most part, use hath been made of the Regal power and prerogative, to oppress, impoverish and enslave the Subject; and that usually and naturally any one person in such power, makes it his interest to encroach upon the just freedom and liberty of the People, and to promote the setting up of their own Will and power above the Laws, that so they might enslave these Kingdoms to their own Lust: * But in a Council of State of forty Tyrants sitting under the protection and awe of Oliver. Be it therefore Enacted and Ordained by this present Parliament, and by Authority of the same, That the Office of a King in this Nation, shall not henceforth reside in, or be exercised by any one single Person; and that no one person whatsoever, shall, or may have, or hold the Office, Stile, Dignity, Power or Authority of King of the said Kingdoms and Dominions, or any of them, or of the Prince of Wales, Any Law, Statute, Usage or Custom to the contrary thereof in any wise notwithstanding. And it is hereby Enacted, That if any person or persons shall endeavour to attempt by force of Arms, or otherwise, or be aiding, assisting, comforting or abetting, unto any person or persons that shall by any ways or means whatsoever, endeavour or attempt the reviving or setting up again of any pretended Right of the said Charles, eldest Son to the said late King, James called Duke of York, or of any other the Issue and Posterity of the said late King, or of any person or persons claiming under him or them, to the said Regal Office, Stile, Dignity, or Authority, or to be Prince of Wales; or the promoting of any one person whatsoever, to the Name, Style, Dignity, Power, Prerogative or Authority, of King of England and Ireland, High Treason is what these Legislative Thiefs list to make it an Arbitrary or me, notwithstanding the St●t 25 Ed 3. for limiting & ascertaining of Treasons, for security of the People. Tiberius and Ne●o's days are fallen upon us, of which Tacitus, lugeni crimen debitiae; &c mplementum omnium accusationem, lasa majestat. and Dominions aforesaid, or any of them; That then every such offence shall be deemed and adjudged High Treason, & the Offenders therein, their Counsellors, Procurers, Aiders and Abettors, being convicted of the said Offence, or any of them, shall be deemed & adjudged Traitors against the Parliament and People of England, and shall suffer, lose and forfeit, and have such like & the same pains, forfeitures, judgements and execution, as is used in case of High Treason: And whereas by the abolition of the Kingly Office provided for in this Act, a most happy way is made for this Nation (if God see it good) to return to its just and ancient right of being Governed by its own Representatives or Nationall meetings in Council * When was England governed by their own Representative? or had any other regliment than Kings? But what the Legislative Conventicle declares, we must believe though contrary to our knowledge. They will lead our faith and reason in a string, or have our necks in a halter. A period to this Parliament, and leave the Supreme power in the Council of State, a design long since attempted. See 1 and 2 part of England's New Chains, and the Hunting of the Foxes. No obedience is due by Law to them, which takes no notice of this form of Government. , from time to time chosen and entrusted for that purpose by the People; It is therefore Resolved and Declared by the Commons assembled in Parliament, that they will put a period to the sitting of this present Parliament, & dissolve the same so soon as may possibly stand with the safety of the people that hath betrusted them, and with what is absolutely necessary for the preserving and upholding the Government now settled in the way of a Commonwealth; and that they will carefully provide for the certain choosing, meeting and sitting of the next and future Representatives, with such other circumstances of freedom in choice and equality in distribution of Members to be elected thereunto, as shall most conduce to the lasting freedom and good of this Commonwealth: And it is hereby further Enacted and Declared, notwithstanding any thing contained in this Act, no person or persons of what condition and quality soever, within the Commonwealth of England and Ireland, Dominion of Wales, the Islands of Guernsey, and Jersey & Town of Berwick upon Tweed, shall be discharged from the obedience and subjection which he and they own to the Government of this Nation, as it is now Declared, but all and every of them shall in all things render and perform the same, as of right is due unto the Supreme Authority hereby declared to reside in this and the successive Representatives of the People of this Nation, and in them only. About the same time they passed another Act, for Abolishing the House of Peers, to this purpose. 112. An Act for Abolishing the House of Peers. More New lights, new di coveries made by forty or fifty 〈◊〉 〈◊〉 gross fiery Meteors, remaining in the H: of Commons. THe Commons of England assembled in Parliament, finding by too long experience that the House of Lords is useless and dangerous to the People of England to be continued, have thought sit to Ordain and Enact, and be it Ordained and Enacted by this present Parliament, and by the Authority of the same, That from henceforth the House of Lords in Parliament shall be, and is hereby wholly abolished and taken away, and that the Lords shall not from henceforth meet, or sit in the said House called the Lords House, or in any other House or place whatsoever, as a House of Lords; nor shall sit, vote, advise, adjudge, or determine of any matter or thing whatsoever, as a House of Lords in Parliament. Nevertheless it his hereby Declared, That neither such Lords as have demeaned themselves with honour, courage, Fidelity to the Commonwealth, nor their Posterities who shall so continue, shall be excluded from the public Counsels of the Nation, but shall be admitted thereunto, and have their free Vote in Parliament if they shall be thereunto Elected, as other Persons of interest elected and qualified thereunto aught to have: And be it farther Ordained and Enacted by the Authority aforesaid, that no Peer of this Land not being Elected, qualified, and sitting in parliament, as aforesaid, shall claim, have, or make use of any Privilege of Parliament, either in relation to his person, quality or estate, any Laws, Usage or Custom to the contrary notwithstanding. * 133. A Declaration of the Commons, to show the Reasons of their said proceed. The State is Free, but the People Slaves; as a Galley is free, but the Rowers Slaves. 1 part. 72. 73. See these Books (A full Answer to an infamous Pamphlet, entitled. A Decl: of the Commons of England.] [The Charge against the King dis harged.) (The Royal and Royalists Plea,) (King Charles vindicated, etc.) And His Maj: last Book, or Pourtraicture. & His Maj: Gracious Messages for Peace. And to lessen the amazement of the People, the same day they passed and Ordered to be printed a Book, called, [A Declaration of the Parliament of England, expressing the grounds of their late proceed, and of settling the present Government in the way of a Free-State:] when they formerly passed the 4. Votes for no more Addresses to our late King, they seconded it with a Declaration, to show the Reasons of those Votes, wherein they set forth no new matter but what they had formerly in parcels objected against Him; and yet they have since that time made Addresses to him, & both taken & caused others to take the Oaths of Allegiance & Supremacy, & the Protestation & Covenant to defend His Person and Authority, etc. And in this Declaration there is no new objection of moment, but what is contained in the former Declarations against Him, and as I looked upon the first Declaration as a Prologue, so I look upon this last as the Epilogue to His Majesty's Tragedy. The whole matter of charge in both of them hath been sufficiently Answered in several Books, and either confuted or justified, to which I refer the Reader; whom I will only trouble with some few short Observations of my own upon it: (p. 5.) The Parliament (in imitation of their Masters, the Council of Officers) pretend a necessity to change the fundamental Government into a Free-State, to prevent Tyranny, Injustice, and War, etc. (I doubt rather to promote them.) It affirmeth, (pag. 15, 16.) That Offices of Inheritance are forfeited by Breach of Trust, (a condition annexed to every Office) and seems to imply as much of the Kingly Office: but this Penman had forgot, that by the Law the Crown takes away all defects, and the King being Supreme Head and Governor over all Persons, and in all Causes, it were absurd to make Him accountable to any Authority; for in such case, that Authority would be Supreme to Him, and so erect two Supremes one jarring and interferring with the other, which in Law and Policy is as absurd as to suppose two Almighty's or Infinities in Divinity, which cannot be, for that one Infinity would terminate another: Impossibile esse plura Infinite, See Greg: Tholos●nus, l. pol. 1. Keckerin: Sistema pol. l. 1. Contzenii. l politic. 1. à cap. 17. ad c. 25 and many good Authors quoted by him. Moecenalis' orationem ad Augustum, apud Dionem Cassium. quoniam alterum esset in altero sinitum, saith Cusanus. (pag. 16.) The Declarers play the Orators in behalf of the felicity of Government by Free-States, rather than by Kings and Princes. This is a spacious field to walk in, I will only cite some learned Authors living in Republics of a contrary opinion, and send my Readers to them for their Arguments. It applauds the prosperity and good Government of the Switz: which (I think was never commended before) a grosse-witted People, living in a confused way of Government, where virtue and industry find no reward, the Rich become a daily pray to the Poor, and their popular Tribunes, who uphold their credits by calumniating the wealth, and confiscating (or sequestering) their Estates, the best wealth of this Nation is Pensions from Neighbour Princes, to whom they let their Blood to Hire, and become Mercinaries many times to the extreme damage and (if their Country were worth 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 without Citadals to keep them under; they never conside in any of their number or Natives to be Commander in Chief of their Land Forces) fearing to be tyrannised 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 nearest example) peruse Bernavelt's Apology, and many good Histories. For Rome, from their Regifugium, they were never free from Civil Wars, cecessious Tumults, and changes of Government; first to Patrician Consuls, Regia pote, state; then to promiscuous Consuls (plebeians as well as Patritians) with popular Tribunes to control them (then to Decemviri legibus Scribendis; then to Tribuni militares consulari potestate, Dictator's upon all special occasions, sometimes an Aristocrary, sometimes a Democracy, between two Factions Patrician and Plebeian. And never could that unhappy Idol of the multitude [Liberty] find any time of settled rest and Government until their giddy Republic was overthrown by julius Caesar, and turned into a Monarchy by Augustus, which 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 impaired by the vices of some Emperors, and sometimes repaired by the virtues of others: he that reads Liry and Tully's Orations, with many other Authors, shall find how infinite corrupt the People were, both in making and executing Laws, in dispensing justice both Distributive and Commutative; what Complaints, that their comitia were venalia; what Bulworks they were feign to erect against the ambition and covetousness of their Great men; Leges Ambitus, leges Repetundarum peculatus; all to no purpose: the great abuse of Solicitors and Undertakers in every Trybesto contract, for suffrages: the Domestic use of their Nomenclators, their Prehensations, Invitations, Clientships; their kiss and shaking hands (even from the greatest Personages) prostituted to every Cobbler and Tinker; their costly public Shows and spectacles to woe the Rabble; he that reads observingly shall find that ambition and covetousness (nurses of all corruption) were the best part of the wisdom and industry of that Republic until it came to be a Monarchy, and shall farther find, that those corrupt manners and customs which the People (from the highest to the lowest) had contracted during the several licentious Alterations of their Commonwealth, from one form of Republic to another: were (like a second nature) not to be corrected by the better discipline of a Monarchy, and (at last) occasioned the ruin of that Monarchy, together with the desolation of that Nation, which shows, that Monarchy (with which their Nation began) was their natural and genuine Government, when it could not be taken away sine interitu subjecti, without the ruin of the whole subject matter. (p. 11.) It is said, The King's Revenue by a medium of 7 years was yearly 700000 l. It hath been lately computed, that the Court purveyances (notwithstanding many good Laws to the contrary) cost the Country more in one year, than their Assessments to the Army; what? above 100000 l. a month, when the charge of the KING's House-keeping came but to 500000 l. a year: (I speak not of Wages and Pensions) I know not who should make this computation, unless old Sr Henry Vane, and his Man Cornelius Holland, (the latter of which was turned out of his Office in the Green-cloth for abusing his Place) not in whose time of employment (unless their own) such prodigious abuses should happen. (p. 19) It is said, The legal and justifiable Revenue of the Crown fell short of 100000 l. per annum: I perceive this is all the Account the Commonwealth is likely to have from the Committee of the Kings, Queens, and Prince's Revenue, nor do I know what a pruning hook that phrase (legal Revenue) may prove: But I conceived all that Q. Elazabeth, the King's Father and Himself received, had been His Revenue de jure; I am sure it was de facto, and the Parliament in their Declarations promised to settle a better Revenue upon Him than any of His Ancestors enjoyed: neither did this, nor any former Parliament complain, that His Purse was grown too full, or His Revenue too fulsome: and if the Committee of the Revenues had enjoyed no more but their own legal and justifiable Revenue, so many of the KING's Servants and Creditors had not starved forwant of their own. (p. 19) They very much aggravate Monopolies, Patente, and Projects: I wonder they suffer so many Men guilty in that kind to sit in their House, old Sir Henry Vane, Sir Henry Myldmay, Sir john Hypsley, Cornelius Holland, Laurence Whytakers, etc. 2 Part of England's New Chains discovered, etc. and the Hunting the Foxes return to s. 12●. (p. 20.) They speak against the Lords Negative Voice, but not a word against the Council of Wars Negative Voice, who march up in hostile manner against Parliament and City, and secure, seclude, and drive away 250 Members at one time, if they vote any thing contrary to their Interest. They speak likewise against the Lords juditiall power over Commoners, but have forgot what unjust and illegal use themselves attempted to make of the Lords jurisdiction against the 11 impeached Members, the 4 Aldermen, and Citizens. 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 turn) for Governing the Kingdom by King, Lords, and Commons. To this it is said, the King nor Lords could take no advantage thereof being a contract they never consented unto, indeed it was never presented to them; but I shall ask whether the people may not take advantage thereof? for whose satisfaction this was Declared, (a general grudge being then amongst them) that the Parliament and Army would subvert the ancient Fundamental Government, (p. 22, 23.) They answer an Objection, that these great matters ought to be determined in a full House, not when many Members are excluded by force, and the privileges so highly broken, and those who are permitted to sit, do act under a force. To this is answered (how truly let any man that hath read our Histories tell) That few Parliaments have Acted but some force or other hath been upon them, (I wonder they did not argue thus for the silly Tumult of Apprentices) for Breach of Privilege of Parliament. They Answer, It will not be charged upon the remaining party, or to have been within their power to prevent it, or repair it, (to this I reply, that it is doubted the remaining party (being the Army party) contrived it in their junto at : for (p. 23. it is acknowledged, they called and appointed the Army for their Guard, which was not openly done by a full House: it must be therefore secretly done by a party. See many Reasons for this conjecture before §. 24. Farther they say, That the safety of the Kingdom ought to be preferred before privilege of Parliament; and that if their House had declined their duty (viz: by not Acting) they had resigned up all to ruin and confusion: from whence should this ruin and confusion come, but from their own Army, which they perpetuate to eat up the Kingdom; and continue their own power and profit? and I wonder they did not use the same moderation after that childish Tumult of Apprentices, but Declared all Acts, etc. passed from 26 july (which day the Tumult began and ended) to the 6. August, null and void. And endeavoured to make the very sitting of the Members and the Citizens obeying to the said Orders (though no judges of the force) Treasonable: they deny they sit now under a force, the Army being their best friends, called by them for their safety. Indeed it is generally thought the Army and this remnant of the House of Commons, are as good Friends and Brethren as Simeon and Levi, Pilate & Herod were; and were called to secure the Members & purge the House: yet if the remaining party should Vote contrary to the Dictates of the Council of War, Quaere, 2 Part of England's New Chains, and the Hunting the Foxes, etc. Whether they will not be used as uncivilly as the secured Members? nay worse, by being called to account for cozening the State. (p. 24.) They say, There is a clear consistency of our Laws with the present Government of a Republic. I desire to know who by our Law can call or hold a Parliament but the KING? who is, Principium, Caput, & Finis Parlamenti? who is the fountain of justice, Honour, Peace, when we have no King? who is Conservator of the Laws, and Protector of the People? where is the Supreme Authority? to Vote it (in their own case) to be in a Representative of 50 or 60 Commons, without legal proofs or precedents is to lead men's reason captive, as well as their Persons and Estates, (to impose an implicit faith upon Man, not to use discourse and reason against their Votes, is to take Man out of Man, to deny him his definition, Animal rationale) to whom doth the Subject own Allegiance? and where is the Majesty of England when there is no King? for all Treason is, Crimen laesae majestatis, contra debitam ligeanciam. Therefore where) by the known Laws) no Allegiance is, there is no Treason. Lastly, if our present Laws be so consistent with the Republic, I desire to know why they did not Try the 4 Lords legally at the Common Law by their Peers, and Sir john Owen by a jury of 12 Men of the Neighbourhood, according to Magna Charta, and other good Laws? but were feign to put a Legislative Trick upon them, and erect such a Court for the Trial of them as was never heard of in England before, nor hath no place in our Government. They conclude (p. 26.) That as they have not intermeddled with the assaires and Government of other States, so (they hope) none will intermeddle with them: This assertion is as true as the rest, it being well known, that for about 3 years' last passed they have boasted, That they have many Agents in France, who under colour of Merchandise, vent antimonarchical & anarchical Tenants, and sow seeds of Popular Liberty amongst the poor Peasants and Hugonots of France, which they brag prospered well there; their very declared principles and doctrine of their Pulpilts and Army are, That they must break the Powers of the Earth in pieces. Monarchy must down all the world over, first in England, than this Army must put over and manumit the Peasants of France, the Boors of Germany, etc. And divers of this Party have reported, that they have supplied the Revolters of France with money; their Licenced News-books are full of this Doctrine, and of many invectives against the Tyranny of the French King. 134. Harry Martin's judgement of the King and Kingly Government. Such were their proceed against the King, or rather against Kingly Government, which was cut off by the same Axe that murdered the King, and was (indeed) first in their intention, though last in execution; as appeareth by Harry Martin's Speech in the House upon the Debate, Whether a King, or no King? That if they must have a King, he had rather have had the last than any Gentleman in England? he found no fault in His Person, but in His Office. 135. The Council of Officers endeavour to join Interests with the Papists in England & Ireland. The KING had offended the Papists in the last Treaty, by granting so much to the Parliament for their suppression: The Independents perceiving it, and willing to join with any Interest to make good their Design. It was proposed at the Council of Officers, That the Papists should raise and pay about 10000 Additionall Forces for this Army, in recompense whereof, all penal Laws concerning them should be repealed, all Taxes and Contributions taken off, and they to have the protection of this Parliament and Army. Under the same notion they endeavoured to join Interests with Owen Roe Oneale, Owen Roe Oneale. that commanded the bloody Party of massacring Irish (with which they had formerly taxed the King) they supplied him with Ammunition, and admitted O Realy, The Pope's Nuntio. the Pope's Irish Nuntio to a Treaty here in England, Sir john Wynter was taken into employment, and the Arrears of his Rents gathered for him by Soldiers, to the regret of the Country. Sir Kenelm Digby had a Pass to come into England, and came; as was foretold by a Letter from an Independent Agent for the Army, from Paris to an Independent Member of the House of Commons, a Creature of the Army, bearing Date, 28. Nou. 1648. and printed at the latter end of [The True and full Relation of the Officers & Armies forcible seizing of divers eminent Members, etc. Walter Moungue let forth upon Bail; what becomes of this Negotiation? and whether those that have played fast and lose with all Interests in the Kingdom, have not done the like with the Papists? I cannot yet learn. This Winter, 136. Scarcity of Coals how ocasioned, and why. Coals (as well as other things) had been at excessive rates in the City, whereby many poor perished with cold and hunger; what the reason thereof was (besides unreasonable Taxes, Excise, and Soldier's quartering in and near the City) was diversely disputed: most Men imputed the blame to Sir Arthur Haslerigge Governor of New Castle, who (without any public Authority) presumed to lay on a Tax of 4 s. a Cauldron upon the Coals there; which is estimated to amount to 50000 l. a year; what use that Money was put to was as variously whispered: as likewise what design they had in bringing so pinching a want upon the City? some said, it was to enforce the poorer sort into Tumults, and then to charge the wealthier sort with the crime, and ensnare them; others said, it was to cast an odium upon the PRINCE, as if His Ships had kept in the Colliers. The 23. March, 1648. The Commons Ordered, 137. The Lo: Mayor ordered to proclaim in person the Act for Abolishing the Kingly Office; and punished for neglect. That the Lord Mayor of London in Person be required to publish and proclaim in the City the aforesaid Act for dissolving Kingly Government: and to give an account thereof to the House. The Mayor refusing this service, was by the Commons called to the Bar, fined 2000 l. committed Prisoner to the Tower, and outed of his Mayoralty; and Alderman Andrew's (a Man after their own heart) chosen by a few Schismatics in his Place. Ordered by the Commons (upon a report from the Council of State) that Commissioners be appointed to make Sale of the Kings, 138. The Kings, Queens and Princes personal Estate ordered to be sold. Queens, and Princes Personal Estate, upon Inventory and Apprisall, for satisfaction of all just Debts due to well-affected Persons (viz: Men of their Faction) in this Nation, before the beginning of these Wars: But first 30000 l. to be taken out of it for the use of this Summer's Fleet, and that it be reserved back to the 40 Hogen Mogens, or Council of State to consider what they think sit to be sold, and what they thinko sit to keep and reserve for the use and furniture of them and their Attendants. Observe, that by that time this gulf is stopped, the whole remainder to be sold for payment of Debts aforesaid, may be written with a cipher. 139. Crown Lands shared amongst the Godly. I hear the House hath given away the KING's House, Parks and Honour of Eltham to Sergeant Bradshaw, their quondam Precedent. Greenwich to Bolstrode Whitlocke. The Lion's Skin is now dividing amongst the Party. Thus have they killed and taken possion: and the King's Revenue hath proved as ominous to Him as Naboth's Vineyard was to his Master. 140. Another Report for an establishment for the Army. Diurnal, Mar: 30, 31, 1649. This day another Report was made to the House from the Committee of the Army of the particular sums to be Monthly levied in each County, to make up the whole sum of 90000 l. Monthly for the Armies of England and Ireland, besides 20000 l. per mens. out of Fee-farm Rents. 28, March, 1649. The Commons in pursuit of the advice given them by Monsieur Paw, 141. An Order, that no Preacher meddle with State affairs. and according to the example cited by him of the Low Countrios, Ordered, That no Minister in his Pulpit should meddle with any State affairs: had this been observed from the beginning these Pulpit Incendiaries had never kindled a War between the King and Parliament. 142. The 5. Lights of Walton. About the beginning of Lent last, Master Faucett Minister of Walton upon the Thames in Surrey, preached in his Parish Church after dinner, when he came down out of his Pulpit it was twilight; and into the Church came six Soldiers, one of them with a Lantern in his hand and a Candle burning in it, in the other hand the had four Candles not lighted: He with the Lantern called to the Parishioners to stay a little, for he had a Message to them from God; and offered to go up into the Pulpit, but the Parishioners would not let him; then he would have delivered his errand in the Church, but there they would not hear him; so he went forth into the Churchyard, the people following him, where he related to them, That he had a Vision, and received a command from God to deliver his will unto them: which he was to deliver, and they to receive upon pain of damnation. It consisted of 5 Lights: 1. That the Sabbath was abolished as unnecessary, jewish, and merely ceremonial: And here (quoth he) I should put out my first Light, but the wind is so high I cannot light it. 2. Tithes are abolished as jewish and ceremonial, a great burden to the Saints of God, and a discouragement of industry and tillage: And here I should put out my second light, etc. as aforesaid, which was the burden of his song. 3. Ministers are abolished as Antichristian, and of no longer use now Christ himself descends into the hearts of his Saints, and his Spirit enlighteneth them with Revelations, and Inspirations: And here I should have put out my third Light, etc. 4. Magistrates are abolished as useless, now that Christ himself is in purity of Spirit come amongst us, and hath erected the Kingdom of the Saints upon earth; besides, they are Tyrants and Oppressors of the Liberty of the Saints, and tie them to Laws and Ordinances, mere humane inventions: And here I should have put, etc. 5. Then putting his hand into his pocket, and pulling out a little Bible, he shown it open to the People, saying, Here is a Book you have in great veneration, consisting of two parts, the Old and New Testament; I must tell you, it is abolished: It containeth beggarly rudiments, milk for Babes; But now Christ is in Glory amongst us, and imparts a fuller measure of his Spirit to his Saints then this can afford; and therefore I am commanded to burn it before your faces: so taking the Candle out of his Lantern, he set fire of the leaves. And then putting out the Candle, cried, And here my fift Light is extinguished. Upon a Report from the Council of State, 143. The Earl of Warwicke's Commission recalled; and 3 Admirals appointed. the Commons Voted void the Earl of Warwick's Commission for Admiral, and appointed three Commissioners to have and execute the Admiral's Place, with 3 l. a day a piece; a Commission for Martial Law, and Land Soldiers aborad to keep under the Seamen. The three Admirals are, Col. Edw: Popham, Col. Rob: Blake, and Col. Deane. Sunday after Easter-day, 144. Cormwell turned Preacher. six Preachers militant at Whitehall tried the patience of their Hearers; one calling up another successively: at last the Spirit of the Lord called up Oliver Cromwell, who standing a good while with lifted up eyes, as it were in a trance, and his neck a little inclining to one side, as if he had expected Mahomet's Dove to descend and murmur in his ear; and sending forth abundantly the groans of the Spirit, spent an hour in prayer, and an hour and an half in a Sermon. In his prayer he desired God to take off from him the Government of this mighty People of England, as being too heavy for his shoulders to bear: An audations, ambitious, and hypocritical imitation of Moses. It is now reported of him, that he pretendeth to Inspirations; and that when any great or weighty matter is propounded, he usually retireth for a quarter or half an hour, and then returneth and delivereth out the Oracles of the Spirit: surely the Spirit of john of Leyden will be doubled upon this Man. 145. The last Retreat of the faction by H. Martius' report. About this time the Palsgrave took his leave of the Parliament, being much courted and complemented by them, and his 8000 l. per annum, with all Arrears confirmed to him: since his departure Harry Martin (in a jolly humour) was heard to say, If the worst happened, and that they should not be able to stand their ground in England, yet the Palsgrave would afford them a place of retreat in the Palatinate; the seeds of these anarchical, anabaptistical humours (upon the reducing of Munster) spread themselves in England, and now have a mind to return into Germany to kindle a fire there. 146. Io. Lilburne's third Book, called, [The Picture of the Council of State.] About this time john Lilburne, and his Company, set forth a Book, called, [The Picture of the Council of State, etc.] wherein they set forth the illegal and violent proceed of the said Council against them in seizing upon them with armed Bands of Soldiers, and interrogating them against themselves, etc. (where they have these words) The Faction of a traitorous Party of Officers of the Army hath twice rebelled against the Parliament, and broke them in pieces, and by force of Arms culled out whom they pleased, and imprisoned divers of them, and laid nothing to their charge; and have left only in a manner a few men (besides 11 of themselves, viz: the General, Cromwell, Ireton, Harrison, Fleetwood, Rich, Ingolsby, Haslerigge, Constable, Fennicke, Walton, and Allen Treasurer) of their own Faction behind them, that will (like Spaniel-dogs (serve their lusts and wills; yea, some of the chiefest of them, viz: Ireton, Harrison, etc. yea, Mr. Holland himself styled them a Mock-Parliament, a Mock power, at Windsor; yea, it is yet their expressions at London: And if this be true that they are a Mock-power, and a Mock-Parliament, then. Quaere, Weather in Law or justice (especially considering they have fallen from all their many glorius promises, and have not done any one action that tends to the universal good of the people) can those Gentlemen sitting at West-minster in the House (called, the House of Commons) be any other than a factious company of Men, traitorously combined together with Cromwell, Ireton, and Harrison, to subdue the Laws, Liberties, and Freedoms of England, (for no one of them protests against the rest) and to set up an absolute and perfect tyranny of the Sword, will, and pleasure, and absolutely intent the destroying the Trade of the Nation, and the absolute impoverishing the people thereof, to fit them to be their Vassals & Slaves. And again, the three forementioned Men, viz: Cromwell, Ireton, and Harrison, (the General being but their stalking horse, and a cipher) and their traitorous faction, having by their wills and Swords got all the Swords of England under their command, and the disposing of all the great Places in England by Sea and Land, and also the pretended Law-making power, and the pretended Law-executing power, by making among themselves (contrary to the Laws and Liberties of England) all judges, justices of Peace, Sheriffs, Bailiffs, Committee-men, etc. to execute their wills and tyranny, walking by no limits or bounds, but their own wills and pleasures, and traitorously assume unto themselves a power to levy upon the people what money they please, and dispose of it as they please, yea even to buy knives to cut the people's throats that pay the money to them, and to give no account for it till Doomsday in the afternoon; they having already in their wills and power to dispose of the Kings, Queens, Princes, Dukes, and the rest of the children's Revenue; Deans and Chapters Land, Bishop's Lands, Sequestered Delinquents Lands, Sequestered Papists Lands, Compositions of all sorts, amounting to Millions of money, besides Excise and Customs; yet this is not enough, although (if rightly husbanded) it would constantly pay above one hundred thousand men, and furnish an answerable Navy thereunto: But the people must now after their Trades are lost, and their Estates spent, to procure their Liberties and Freedoms, be cessed about 100000 l. a Month, Master Boone a Member of the House, lately a Tapster, hath 6000 l. given him. Sir Arthur: Haslerig 3 great Manors, Bishops-Aukland, Ever-wood, and another. Col. Backster (the pitiful Thimble and Bodkin Goldsmith) bought as much Bishop's Lands as cost 10000 l. at two or three years' purchase, and hath already raised his money. that so they may be able like so many Cheaters and State-thieves, to give six, eight, ten, twelve, fourteen, sixten thousand pounds a piece over again to one another, (as they have done already to divers of themselves) to buy the Commonwealth's Lands one of another, (contrary to the duty of trusties, who by Law nor equity, can neither give nor sell to one another) at two or three year's purchase. (the true and valuable rate considered) as they have already done, and to give 4 or 5000 l. per annum, over again to King Cromwell, as they have done already out of the Earl of Worcester's Estate, etc. besides about 4 or 5 l. a day he hath by his Places of Lieut. General, and Colonel of Horse in the Army; although he were at the beginning of this Parliament but a poor Man; yea, little better than a Beggar (to what he is now) as well as others of his Neighbours. 147. A Petition in behalf of Io: Lylburne and his company. 2. April, 1649. A Petition subscribed by divers Persons in behalf of john Lylburne and his company, was presented to the Commons, wherein (amongst other things) are contained these three just demands: 1. That no man be censured, condemned, or molested, but for the breach of some Law first made and published to the People, whereby is avoided that uncertainty and hourly hazard that otherwise every man is subject to, both in respect of his Estate, Liberty, and Life. 2. That every crime have not only its penalty annexed, but together therewith the manner and method of proceed ascertained. 3. That the execution of Laws be referred to ordinary Magistrates and Officers by Law deputed thereto, and that the Military power be not used, but where the Civil is so resisted, as that of its one strength it is deficient to enforce obedience. 148. Itinerant Ministers, an invention to undermine our Orthodox settled Ministers, and infect the people with Schisms and anarchical principles, suitable to the many-headed tyranny of the Grandees. April 12. 1649. It was referred to a Committee to consider of a way how to raise Pensions and Allowances out of Deans and Chapter Lands to maintain supernumerary Itinerant Ministers, who should be Authorized to go up and down compassing the earth, and adulterate other men's 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 practices and anarchical principles of the times. These wandering Apostles are to preach antimonarchical seditious doctrine to the people, (suitable to that they call the present Government) to raise the rascal multitude and schismatical rabble against all men of best quality in the Kingdom, to draw them into Associations and Combinations with one another in every County, and with the Army against all Lords, Gentry, Ministers, Lawyers, rich and peaceable men, and all that are Lovers of the old Laws and Government, for the better rooting of them out, that themselves alone may inhabit the earth, and establish their new tyranny or Kingdom of the Saints, upon the ruins of our ancient Monarchy. These men (like Balaam) shall bless and curse for hire, and vent State-news, State-doctrine, and poison the people with such changeable and various principles as from time to time shall be dictated to them by those Pseudo-politicians as now sit at the Helm: they shall cousin the people with pretended illuminations, Revelations, and Inspirations, and pour out all the Vials of God's 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 Kingdom, were arrived to that height of impudence as to endeavour to cheat them all over again, they had by murdering the King, abolishing the House of Lords, putting an execrable force upon the fare major part of the House of Commons, making themselves and their Party a tyrannical Council 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. etc. endeavouring a toleration of all Religions, attempting to take away Tithes, mocking and then tyrannising over that part of the Army they please to miscall Levellers, distracted and discontented all Parties within the Kingdom, and stirred up all the Princes of Christendom to defend the common interest of Kings, now controverted in England. This cloud threatened to pour down a new War upon them; to provide a remedy therefore for this sore, Cromwell moved in the House of Commons, That the Presbyterian Government might be settled, promising his endeavours thereto; but whether he meant a Classical or congregational Presbytery (which differs little or nothing from Independency) he did not declare: and here lieth the fallacy, he likewise moved, that the secured and secluded Members might again be invited into the House: they sent their Agents both Laymen and Ministers (amongst whom Mr. Martial, Nye, carrel, Goodwin and Hugh Peter's were chief) to cajole and decoy the Ministers, Citizens, and the expulsed Members; with discourses and propositions, they told them, The Presbyterians had differed from the King in point of civil Interest, which was more irreconcilable than that interest of Church-Government, whatsoever show was made to the contrary, (They will not endure to hear of the KING's exemplary patience and Christian charity to all; nor of His precepts and strict injunctions to His Son of clemency and abstinency from revenge, contained in His last Book, [The Pourtraicture of His Majesty.] These things will both apologise for our young King, and condemn our bloody vindicative Saints.) That the Presbyterians as well as the Independents made War against the late King, brought Him low, and prepared Him to receive his late deadly Blow from the Independents, and therefore the King would look upon both Parties as equally guilty, and was deeply engaged in point of interest to cut off both Parties: Endeavouring by these discourses to put the Presbyterians into despair (their own and Iudas' sin) and then to work upon that base and cowardly principle of self-preservation, and invite them to join with them in point of civil Interest and common Defence. But their kindness was but like that of a malicious 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 anathematised with the highest condemnation) they should contract the guilt of all their forepast crimes and treasons; in the mean 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 own 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 sins, shames, and punishments, but would keep achan's Wedge and the Babylonish Carment (the profit of their crimes) to themselves: And (as if it were not sufficient to cousin 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 God's forgiveness for the ingratitude of the people, who did not sufficiently acknowledge with thankfulness God's great mercies upon this Land in freeing them from Monarchy, and bestowing liberty upon them, by changing Kingly Government into a Free-State or Republic. The Faction knew that to partake with them in these prayers, was to partake of their sins. God deliver us from those deceitful lips, whose prayers are snares, whose kisses prove curses, and whose devotion leads to damnation: Never was Fast enjoined with more severity, nor neglected with more contempt and horror; men shunning it like the sins of Rebellion and Witchcraft. Besides, their consciences told them, that they never suffered the thousandth part of the oppressions they now groan under. About this time it was debated to send Supplies for Ireland; 150. The juggling design 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) thither: the Levellers were desirous to keep their ground here, and send the more mercenary enslaving and enslaved part of the Army: the better to colour the design, Cromwell undertook 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 self should be recalled time enough to keep up his party in England from sinking by his longer absence, and the better to accommodate the business, Lots were several times cast what Regiments should go; but the Lots not falling out to the minds of the General Council of Officers, they cast Lots again and again, until fortune agreed with their desires: This being discovered, a printed Paper was scattered about the streets, 26. April, 1649. as followeth: ALL worthy Officers and Soldiers who are yet mindful that you engaged not as a mere mercenary Army, hired to serve the Arbitrary ends of a Council of State; but took up Arms in judgement and Conscience in behalf of your own, and the people's just Rights and Liberties; you may see plainly by the proceed of Col. Hewson with his Regiment that the design of your grand Officers is, to reduce the Army to a mere mercenary and servile temper, that shall obey all their commands, without so much as ask a question for Conscience sake. Intending by this blind obedience in you to make you he whatsoever they shall find requisite to establish their own absolute power over the Commonwealth yea though it be to cut off your best friends, or perpetuate this their own Parliament and Council of State, things so evidently destructive to your own and the people's just Rights and Liberties as nothing can be more. And for compassing whereof, you know they have long since dissolved the Agitators, and erected a Council amongst themselves, by which they have moulded the Parliament and a Council of State to their own wills; both which, are to be as ascreen between the People and your Grandees, to make the world believe, they do nothing but by order of Parliament, and Council of State, when they order all things themselves; and indeed are confederated together to defend and protect each others in their defrauding and enslaving the Commonwealth. This they have long aimed at, but cannot possibly effect it, until they reduce the Army to a servile and base temper, which they have been labouring to bring to pass a long time; as by picking quarrels with most Officers and Soldiers, that have manifested any sense of Common Right, and so vexing them and wearying them out of Troops and Company. And (you know) they have been more than once disbanding twenty of a Troup, upon pretence of easing the public charge: all their mischief being ever done, after either fasting, and prayer, or upon some very specious pretence; but the care and resolution of the honest Officers and Soldiers ever prevented this. But now the business for Ireland (it seems) must do the deed; that being a service that must be preferred before the settling of the Liberties and Freedoms of this Nation: and all that are not for this service must be esteemed no better than Enemies and Traitors; and therefore an Ahab-like Fast goeth before the Lots are cast: and Col. Hewson falls to work and disbands all those Soldiers and Officers that refused to engage for the service of Ireland, before the Liberties of England (which we never trod under foot) be restored to the people. The end of this being to be a leading case to all other Regiments both Horse and Foot; not that they certainly intent for Ireland, but by such means to be rid of all such as are apt to desire to be satisfied in their Consciences of the justice of the Cause before they engage in the kill and slaying of men any more; or before they see some fruits answerable to the blood that hath been spilt. And being rid of this kind of Officers and Soldiers, then to fill the Regiments as this Hewson doth, with such ignorant, needy, or servile men as these miserable times (through loss of Trade) have begotten. And this being done, then to make more strict enquiry after this sort of people in the Army, and all other places, suppress Meetings, and if that will not do, then to disarm all from whom they suspect the least repining or opposition. And therefore all those Officers and Soldiers, and all people in all places are concerned in a very high nature, even as much as the freedom of the Nation is worth; yea, as they tender the good of their Wives, Children, Families and Posterity, to venture their lives and all they have, to make opposition against this the greatest mischief that ever was attempted; the greatest Treason that ever was committed against the liberties of the people: and not to stand any longer in a miz-maze between hope and fear; for if this design take place, your great Officers and their Confederates in Parliament and Council of State, will be as so many Kings, Princes and Lords, and yourselves, and all the people, their Slaves and Vassals. Therefore keep every man his place and post, and stir not, but immediately choose you a Council of Agitators once more to judge of these things; without which we shall never see a new Parliament, or ever be quit of these intolerable burdens, oppressions, and cruelties, by which the People are like to be beggared and destroyed. About this time Master Robert Lockier and five or six other Troupers of Captain Savages Troup were condemned for a supposed mutinies in behalf of whom Lieut. C. john Lilburne writ this Letter following to the General, dated 27. April, 1649. 151. M. Lockier condemned by a Council of War, with his honourable death and burial: and Lilburnes Letter to the General. May it please your Excellency; WE have not yet forgot your Solemn Engagement of june 5. 1647. whereby the Army's Continuance as an Army was in no wise by the will of the State, but by their own mutual Agreement: And if their standing were removed from one Foundation to another, (as is undeniable) then with the same they removed from one Authority to another; and the Ligaments and Bonds of the First were all Dissolved, and gave place to the Second; and under, and from the head of their first Station, viz: By the Will of the State, the Army derived their Government by Martial Law; which in judgement and Reason could be no longer binding then the Authority (which gave being there to) was binding to the Army: For the denial of the Authority, is an Abrogation and Nulment of all Acts, Orders, or Ordinances by that Authority as to them: And upon this account, your Excellency with the Army, long proceeded upon the Constitution of a new Council and Government, contrary to all Martial Law and Discipline, by whom only the Army Engaged to be Ordered in their prosecution of the ends, to wit, Their several Rights, both as Soldiers and Commoners, for which they associated; Declaring, Agreeing, and Promising each other, not to Disband, Divide, or suffer themselves to be Disbanded or Divided, without satisfaction and security in relation to their Grievances and Desires in behalf of themselves and the Commonwealth as should be agreed unto by their Council of Agitators: And by virtue, and under Colour of this Establishment, all the Extraordinary Actions by your Excellency, your Officers, and the Army have passed: Your refusal to Disband, disputing the Orders of Parliament; Impeachment and Ejection of Eleven Members; your First and Second March up to London; your late violent Exclusion of the Major part of Members out of the House, and their Imprisonment without Cause, etc. which can no way be justified from the Gild of the highest Treason, but in the accomplishment of a righteous end, viz: The enjoyment of the benefit of our Laws and Liberties which we hoped long ere this to have enjoyed from your hands; Yet when we consider and herewith compare many of your late carriages both towards the Soldiery and other Free People; and principally your Cruel Exercise of Martial Law, even to the Sentence and Execution of Death upon such of your Soldiers as stand for the Rights of that Engagement, etc. And not only so, but against others not of the Army; we cannot but look upon your defection and Apostasy in such deal, as of most dangerous Consequence to all the Laws and Freedoms of the People. And therefore, although there had never been any such solemn Engagement by the Army, as that of june 5. 1647. which with your Excellency in point of duty ought not to be of the meanest obligation. We do protest against your Exercise of Martial Law, against any whomsoever, in times of Peace: where all Courts of justice are open, as the greatest encroachment upon our Laws & Liberties that can be acted against us; and particularly, against the Trial of the Soldiers of Captain Savages Troup yesterday, by a Court Marshal, upon the Articles of War, and sentencing of two of them to death; and for no other end (as we understand) but for some dispute about their Pay: And the reason of this our Protestation, is from the Petition of Right, made in the third year of the late King, which declareth, That no person ought to be judged by Law Martial, except in times of War; And that all Commissions given to execute Martial Law in time of Peace, are contrary to the Laws and Statutes of the Land. And it was the Parliaments complaint, That Martial Law was then commanded to be executed upon Soldiers for Robbery, Mutiny, or Murder. Which Petition of Right this present Parliament in their late Declarations of the 9 of February and the 17. of March, 1648. commend as the most excellentest Law in England; and there promise to preserve inviolably, it, and all other the Fundamental Laws and Liberties, concerning the preservation of the Lives, Properties, and Liberties of the people, with all things incident thereunto. And the Exercise of Martial Law in Ireland, in time of Peace, was one of the chiefest Articles for which the E. of Strafford lost his Head: The same by this present Parl. being judged High Treason. And the Parliament itself, neither by Act nor Ordinance, can justly or warrantably destroy the Fundamental Liberties and Principles of the Common Law of England: It being a Maxim in Law and Reason both, that all such Acts and Ordinances, are ipso facto, null, and void in Law, and binds not all, but aught to be resisted & stood against to the death. And if the Supreme Authority may not presume to do this, much less may You, or Your Officers presume thereupon; For where Remedy may be had by an ordinary course in Law, the Party grieved shall never have his recourse to extraordinaries. Whence it is evident, That it is the undoubted Right of every Englishman (Soldier, or other) that he should be punishable only in the ordinary Courts of justice, according to the Laws and Statutes of the Realm in the times of Peace, as now it is; and the extraordinary way by Courts Martial, in no wise to be used. Yea the Parliaments Oracle, Sir Edward Cook, Declares in the third part of his Institutes, Chap. of Murder, That for a General or other Officers of an Army, in time of Peace to put any man, although a Soldier, to death, by colour of Martial Law, it is absolute murder in that General, etc. Therefore erecting of Martial Law now, when all Courts of justice are open & stopping the free current of Law, which sufficiently provides for the punishment of Soldiers as well as others, as appears by 18 H. 6. c. 19 2 & 3 E. 6. c. 2. 4 & 5 P. & M. c. 3. & 5. l. 5. & 5 jam. 25. is an absolute destroying of our Fundamental Liberties, and the razing of the Foundation of the Common Law of England; the which out of Duty and Conscience to the Rights and Freedoms of this Nation (which we value above our lives) and to leave You and Your Council without all excuse, we were moved to represent unto Your Excellency, Earnestly pressing You, well to consider what You do, before you proceed to the taking away the Lives of those men by Martial Law; lest the blood of the Innocent (and so palpable Subversion of the Laws and Liberties of England) bring the reward of just vengeance after it upon You, as it did upon the Earl of Strafford: For Innocent blood God will not pardon; and what the people may do (in case of such violent Subversion of their Rights) we shall leave to Your Excellency to judge, and remain Sir, Your Excellencies humble Servants, JOHN LILBURNE RICH: OVERTON. From our Canslesse, and unjust, and Tyrannical Captivity. in the Tower of London. April 27. 1649. Notwithstanding which Letter, and much other means made, the said Lockier was Shot to Death in Saint Paul's Churchyard the same day, to strike a terror and slavish fear into such other Soldiers as shall dare to take notice of their approaching slavery; but his Christian and gallant deportment at his death, with the honourable funeral pomp accompanying him to his Grave turned all the terror of his Tragedy into hatred and contempt of the Authors thereof. 152. Arrears given to Col. A Popham, & H. Martin, & temptations put upon Lilburne and joice. About this time the House of Commons gave to Col. Alexander Popham all his Arrears, and to Harry Martin 3000 l. to put him on upon the holy Sisters, and take him off from the Levellers: And Cromwell is now playing the Devil's part, showing the Kingdoms of the earth, and tempting john Lilburne to fall down and worship him, to forsake his good principles and engagements, and betray the liberties of the people, but L. Col. Lilburne is higher seated in the good opinion of the people than to be suspected of so much baseness, who are confident he will as constantly resist false promises and vain hopes, as he hath vain threats and terrors of Indictments, and not cast away the hold he hath of immortality by hearking to such a Siren whose promises are but baits, with a hook hidden under them; and his preferments but like Mahomet's paradise: he that hath cozened all the Interests of the Kingdom will not scruple to cheat his Enemy, a free-spirited plain meaning man. This is to undermine and blow up his credit with his party, and make him liable to a revenge hereafter: He that stoops to the lure of a known Enemy is guilty of inexcusable folly, and a Betrayer of himself, especially having had so fair a Copy of Constancy set him by Coronet joice who hath with much faithfulness resisted the like allurements, and so foul a Copy of Inconstancy by Reynolds. The Commons have ordered, 153. The design of making Members of Parliament liable to Arrests. That upon Complaint made to any judge of the three Benches, the judges shall send a Letter of Summons to such Member of their House as shall be complained of, to give an appearance, and submit to legal proceedings; otherwise his person to be liable to Arrests. But our present judges are Creatures to the House of Commons and know beforehand what Members are Babes of Grace in favour, and must be privileged; and who are out of favour, and must not be privileged; they have an Index tells them when to grant and when to deny, Sinners must not be partakers of the same Laws with Saints: This is a Whip and a Bell to drive such dogged Members out of the Hall as will not hunt in pack with the Grandees in pursuit of their design, and are quick-sented enough to smell out their knavery, if they come too near their door: It is thought the tyrannical Hocas Pocasses had an aim hereby to lash Harry Martin off from the Levellers, and make him come in to them. 154. Women Petition the House for L Col. Lilburne and his Company. About this time some thousands of welaffected Women of London, Westminster, Southwark, and the Hamlets, stormed the House of Commons with two Petitions in behalf of Io: Lilburne and his Company: They complain of the Council of States violent and illegal proceed against them, in seizing them in the night by Soldiers; of Lockiers being shot to death by Martial Law; of their Arbitrary Government, Second part of England's New Chains discovered. Taxes, Excise, Monopolies, etc. That there was a Design to fetch Lilburne and his Fellow Prisoners out of the Tower at midnigbt to and there murder them; That the House by Declaring the Abettors of the Book laid to those Prisoners charge Traitors, have laid a snare for people; when as hardly any discourse can be touching the affairs of the present times but falls within the compass of that Book; so that all liberty of discourse is there by utterly taken away, than which there can be no greater slavery. They received not so good Answers to these Petitions as they were want to receive, when they had Money, Plate, Rings, Bodkins, and Thymbles to sacrifice to these Legislative Idols, they were bid Go home and wash their Dishes; to which some replied, They had neither Dishes nor Meat left. Note that the Commons have returned answer to some Petitioners, 155. Observations upon the Commons Answer to those that petitioned for Lilburne, etc. that Lilburne shall be Legally Tried by Laws preceding the fact, and yet by their Order, 11. April, 1649. it is Ordered, That the Attorney General be required to take speedy course for prosecution of Lieu. Col. Io: Lilburne, etc. in the Upper Bench this Term, upon the Declaration of this House touching the Book, entitled, [The second part of England's new Chains discovered.] if this Order be not a Law and preceding the fact too, than our supreme Saints have told a Legislative Lie. In the latter end of the said Answer they are angry the Petitioners should discover so much of their baseness, That Cromwell & Ireton rides them, and therefore (contrary to all men's knowledge, and their own Consciences) they term those Intimations, seditious Suggestions; and Ordered, that Cromwell and Ireton should draw up a Declaration to prevent the people from being misled by Sowers of sedition; Humiliter servivunt, aut superbe dominantur. such are the degenerous Spirits of under-Tyrants, who are Asses to their Superiors, and Lions to their Inferiors: Cromwell and Ireton, that have subverted all civil Authority, Murdered the KING, possessed themselves of what they please, and enslaved the Kingdom with a Military tyranny, must draw up a Declaration according to their fancy, for their own vindication, and the Commons must Father the Bastard and set the stamp of their Authority and privilege upon it, lest any man should confute it, and beat back the Authors lies into their throats. But this is no new invention, for formerly when the Council of Officers set forth their Answer to the House of Commons Demands concerning their secured Members; Ireton penned this scandalous Answer of the said Officers. Cromwell and Ireton caused their journeymen of that Conventicle to Vote, That the House did approve the matter of the said Answer; thereby owning all the gross lies therein contained to deter the imprisoned Members from replying to it, and so by a confession to acknowledge themselves guilty. About this time appeared out of the East a New Light in our Horizon, 156. The Turkish Koran taught to speak English. the Koran of Mahomet (Predecessor to Cromwell) and of Sergius (forerunner of Hugh Peter) naturalised and turned English. Now the jews (Professed Enemies to Christ (which Mahomet is not) are accepted off) it is believed that their Thalmude and cabal will shortly be made English too, that this Island may be rendered a complete Pantheon, a Temple and Oracle for all Gods and all Religions; our lightheaded innovating People being like Reeds as apt to be shaken by, and bend unto every wound, every breath of pretended Inspiration, as the ancient Arabians were. May 1. 1649. 157. New-declared Treasons to defend tyranny and usurpation, and ensnare the People. The frighted Conventicle of Commons considered of an Act (forsooth) to fortify themselves and their usurpations with a Scarecrow of new-declared Treasons, to the purpose following: 1: If anyman shall maliciously (this is a word of qualification, a backdoor to let out such as they shall think fit) Affirm the present Government to be tyrannical, usurped, or unlawful, or that the Commons in Parliament, are not the supreme Authority of the Nation, or endeavour to alter the present Government. 2. If any affirm the Council of State or Parliament to be Tyrannical or unlawful, or endeavour to subvert them, or stir up sedition against them. For Soldiers of the Army to contrive the death of the General, or Lieutenant General, or endeavour to raise mutinies in the Army, Quaere, whether Cromwell be Lieutenant General, or no? or to levy War against the Parliament to join with any to invade England or Ireland, sergeant the Great Seal, kill any Member of Parliament, or judge, or Minister of justice in their duty: All these several cases to be Declared, Treason. You see the terrors of Cain pursue these guilty Coward's. This Fools Boit is chief aimed at the honest Levellers; this junto of Commons have made themselves legal Traitors already, and would now make all the Kingdom legislative Traitors; but I hope none of those that arrogate the Reverend Title of judges of the Law (although against Law) will be so lawless as to give Sentence of Death upon any such illegal Act of the House of Commons; nay, this very Act denounceth slavery and bondage to the Nation, and therefore is an Act of the highest tyranny, and a snare. 158. The Levellers Randezvous in Oxford-shire. May 6. 1649. The honest Levellers of the Army, (for that is the Nickname which Cromwell falsely and unchristianly hath christened them withal) Enemies to Arbitrary Government, tyranny and oppression, whether they find it in the Government of one or many? whether in a Council of Officers, a Council of State, or a fag end of a House of Commons? whether it veil itself with the Title of a Supreme Authority, or a Legislative power?) drawn together to a Randezvouz about Banbury in Oxfordshire, to the number of 4000 or 5000. others resorting to them daily from other parts. This gave an Alarm to our Grandees, fearing the downfall of their domination. Cromwell (not knowing what Party to draw out against them, that would be steadfast to him) shunned the danger, and put his property the General upon it to oppose the Randezvouz, and (looking as wan as the guilles of a sick Turkeycock) marched forth himself Westward to intercept such as drawn to the Randezvouz. In the mean time the said Levellers printed and published this ensuing Paper, entitled, England's Standard advanced: or, A Declaration from Mr. Will: Thompson, and the oppressed People of this Nation, now under his conduct in Oxford-shire: Dated at their Randezvouz, May 6. 1649. WHereas it is notorious to the whole world, that neither the Faith of the Parliament, nor yet the Faith of the Army (formerly made to the People of this Nation, in behalf of their Common Right, Freedom, and Safety) hath been at all observed, or made good, but both absolutely declined and broken, and the People only served with bare words and fair promising Papers, and left utterly destitute of all help or delivery: And that this hath principally been by the prevalency and treachery of some eminent Persons (now domineering over the People) is most evident. The Solemn Engagement of the Army at New-market, and Triploe-heaths by them destroyed, the Council of Agitators dissolved, the blood of War shed in time of Peace, Petitioners for Common Freedom suppressed by force of Arms, and Petitioners abused and terrified, the lawful Trial by 12 sworn Men of the Neighbourhood subverted and denied, bloody and tyrannical Courts (called an high Court of Justice, and a Council of State) erected, the power of the Sword advanced and set in the Seat of the Magistrates, the Civil Laws stopped and subverted, and the Military introduced, even to the hostile seizure, imprisonment, trial, sentence, and execution of death, upon divers of the Free People of this Nation, leaving no visible Authority, devolving all into a factious Juncto and Council of State, usurping and assuming the name, stamp, and Authority of Parliament, to oppress, torment and vex the People, whereby all the lives, liberties, and estates, are all subdued to the Wills of those Men, no Law, no Justice, no Right or Freedom, no case of Grievances, no removal of unjust barbarous Taxes, no regard to the cries and groans of the poor to be had while utter beggary and famine (like a mighty torrent) hath broke in upon us, and already seized upon several parts of the Nation. Wherefore through an inavoidable necessity, no other means left under Heaven, we are enforced to betake ourselves to the Law of Nature, to defend and preserve our selves and Native Rights, and therefore are resolved as one Man (even to the hazard and expense of our lives and fortunes) to endeavour the redemption of the Magistracy of England, from under the force of the Sword, to vindicate the Petition of Right, to set the unjustly imprisoned free, to relieve the poor, and settle this Commonwealth upon the grounds of Common Right, Freedom, and Safety. Be it therefore known to all the free People of England, and to the whole world, that (choosing rather to die for Freedom, than live as Slaves) We are gathered and associated together upon the bare account of Englishmen, with our Swords in our hands to redeem ourselves and the Land of our Nativity, from slavery and oppression, to avenge the blood of War shed in the time of Peace, to have justice for the blood of M. Arnold Schot to death at Ware, and for the blood of M. Robert Lockyer, and divers others who of late by Martial Law were murdered at London. And upon this our Engagement in behalf of the Commonwealth, We do solemnly agree and protest, That we will faithfully (laying all self respects aside) endeavour the actual relief & setlement of this distressed Nation. And that all the world may know particularly what we intent, and wherein particularly to centre and acquiesce for ever, not to recede or exceed the least punctilio, We do declare from the integrity of our hearts, that by the help & might of God we will endeavour the absolute setlement of this distracted Nation, upon that form and Method by way of an Agreement of the People, tendered as a Peace-offering by Lieut. Colonel John Lilburne, Mr. Will: Walwyn, Mr. Thomas Prince, & Mr. Rich: Overton, bearing date May 1. 1649. the which we have annexed to this our Declaration as the Standard of our Engagement, thereby owning every part and particular of the Premises of the Agreement, promising and resolving to the utmost hazard of our Lives and Abilities, to pursue the speedy and full Accomplishment thereof, and to our power, to protect and defend all such as shall Assent or Adhere thereunto: And particularly, for the Preservation & Deliverance of L. Col. John Lilburne, M. Will: Walwyn, Mr. Thomas Prince, Mr. Richard Overton, Captain Bray, and Mr. William Sawyer, from their barbarous and illegal Imprisonments: And we Declare, That if a hair of their heads perish in the hands of those Tyrants that restrain them, That if God shall enable us, we will avenge it seventy times seven fold upon the heads of the Tyrants themselves and their Creatures. And that till such time as by God's Assistance we have procured to this Nation the Declared purpose of this our Engagement, we will not Divide nor Disband, nor suffer ourselves to be Divided or Disbanded, resolving with soberness and civility to behave ourselves to the Country, to wrong nor abuse any man, to protect all to our power from violence and oppression in all places where we come; resolving to stop the payment of all Taxes or Sessements whatsoever, as of Excise, Tithes, and the Tax of Ninety thousand pounds per mensem. And having once obtained a New Representative, according to the said Agreement, upon such Terms and Limitations therein expressed; We shall then freely lay down our Arms, and return to our several Habitations and Callings. And concern the equity, necessity, & justice of our undertaking, We appeal to the judgement of the oppressed, betwixt their Destroyer's and Us; Whether by the law of God, of Nature, and Nations, it be not equally justifiable in us to engage for the Safety and Deliverance of this Nation, as it was with the Netherlanders, and other People for theirs, and that upon the same Principles that the Army engaged at New-market and Triploe-heaths; both Parliament and Army declaring, That it is no resistance of Magistracy to side with just Principles, & Law of Nature and Nations: And that the Soldiery may Lawfully hold the hands of that General, who will turn his Cannon against his Army, on purpose to destroy them: The Seamen the hands of that Pilot, who wilfully runs his Ship upon a Rock. And therefore, (the condition of this Commom-wealth considered) we cannot see how it can be otherwise esteemed in us. And upon that account we Declare, that we do own, and are resolved to own all such Persons, either of the Army or Countries, that have already, or shall hereafter, rise up and stand for the Liberties of England, according to the said Agreement of the People: And in particular, We do own & avow the late proceed in Colonel Scroops, Col. Harrisons, and Major General Skippons Regiments, declared in their Resolutions published in print; As One Man, Resolving to live and die with them, in their & our just and mutual defence. And we do implore and invite all such as have any sense of the Bonds and Miseries upon the People; any Bowels of Compassion in them, any Piety, Justice, Honour, or Courage in their Breasts, any Affections to the Freedoms of England, any love to his Neighbour or Native Country, to rise up, and come in to help a distressed miserable Nation, to break the Bands of Cruelty, Tyranny, and Oppression, and set the People Free. In which Servise, Trusting to the undoubted goodness of a just and righteous Cause, We shall faithfully discharge the utmost of our Endeavours; Not sparing the venture of all hardships and hazards whatsoever, and leave the Success to God. Signed by me WILLIAM THOMPSON, at our Randezvouz in Oxford-shire near Banbury, in behalf of myself, and the Rest Engaged with me, May 6. 1649. For a New Parliament, By the Agreement of the People. About this time Doctor Dorislaus a Civil Lawyer, 159. Doct Dorislaus stabbed to death in Holland. sometimes Judge Advocate to the Earl of Essex, and Lord Fairfax, and lately one of the Council in the High Court of Justice against the KING, and the 4. Lords, was sent from the Parliament, Agent into Holland, where about 18. Scots-men, repairing to his Lodging, 6. of them went up the stairs to his Chamber, whilst 12. of them made good the stayre-foot, they stabbed him to death, and escaped. About the 14. day of May, 1649. 160. Haslerig's barbarous motion to murder ix Royalists of the best quality in revenge of Dorislaus. Report was made from the Council of State to the House of the examination of 3. Servants of Doctor Dorislaus, concerning the Death of their Master; & what allowances were fit to be given to his Children out of the King's Revenue, thereby to lay an aspersion upon the King (as if He having had an influence upon that Fact, His Estate must make the recompense, notwithstanding Scotish men did the deed in revenge of Hamiltons' death.) Dorislaus had been a poor Schoolmaster in the Low Countries formerly, from whence he was translated to read the Histori Lecture at Oxford, where he decried Monarchy in his first Lecture; was complained of, and forgiven by the benignity of the King. Then he became Judge Advocate in the King's Army in his expedition against the Scots: afterwards he had the like employment, under the Earl of Essex; and lastly, under Sir Tho: Fairfax, a great Gainer by his employments, but withal, a great Antimonarchist, & a Saint in Cromwell's Rubric, & therefore had a magnetic virtue both living and dead to draw money to him in abundance. Upon occasion of this Debate, Haslerigge moved, That 6 Gentlemen of the best quality [Royalists] might be put to Death as a revenge for Dorislaus, and to deter men from the like attempts hereafter. (That you may the better see of what Spirit Haslerigge is known, That some Northern Counties having petitioned the Commons for relief, against the miserable famine raging there: Haslerigge opposed their request, saying, That want of food would best defend these Counties from Scotish Invasions.) What man that had any sense of Christianity, Courage, Honesty, or Justice, would have been the Author of so barbarous and unjust a motion, That 6. gentlemans no way conscious nor privy to the fact should be offered up a sacrifice to revenge & malice; nay, to guilty fears and base cowardice, to keep off the like attempts from Haslerigge and his Party. I wish this Gentleman would read the Koran (or new Independent Bible of the new Translation) and from thence gather precepts of more Humanity, Justice, Honesty and Courage, since he hath Read the Old & New Testament of Moses and Christ to so little purpose. Yet the House, 18. May, passed a Declaration, That if more Acts of the like nature happened hereafter, it should be retaliated upon such Gentlemen of the King's Party as had not yet Compounded. But this is but a devise to fright them to Compound, unless it be a forerunner to a Massacre heretofore taken into consideration at a Council of War: See §. 161. An Act declaring more new Treasons. About this time came forth that prodigious Act, declaring 4. new Treasons with many complicated Treasons in their bellies, the like never heard of before in our Law, nor in any Kingdom or Republic of Christendom: Because I have formerly spoken of it, the Act itself printed, published & dreadfully notorious throughout the whole Kingdom; I will refer you to the printed Copy; only one clause formerly debated was omitted in the Act, viz. That to kill the General, Lieu. Gen: any Members of this present Parl: or Council of State to be declared, Treason; this would have discovered their guilty cowardice so much they were ashamed of it: besides it was thought fit to make the People take a new Oath of Allegiance to the new State. First, I will only give you some few Observations thereupon. This Act declares to be Treason unto death and confiscation of Lands all Deeds, Plots, & Words: (1.) Against this present fag end of a Parliament, & against their neverbefore heard-of Supreme Authority and Government: for, when was this Kingdom ever governed by a Parliament, or by any power constituted by them? (2.) All endeavours to subvert the Keepers of the Liberties of England and Council of State constituted, and to be from time to time constituted by Authority of Parliament, who are to be under the said Representatives in Parliament, (if they please, & not otherwise; for the Sword and the Purse is trusted in the power of the Council of State) yet the Keepers of the Liberties of England, and the Council of State of England to be hereafter constituted by Parliament, are Individua vaga, airy notions not yet named nor known; & when they are known we own them no Allegiance, (without which no Treason) by the known Laws of the Land. which is only due to the King, His lawful Heirs & Successors, & thereto we are sworn; nor are the particular Powers & Authorities, granted by this Parliament to the said Keepers of the Liberties of England, & Council of State yet any where authentically published & made known to us by any avowed Act, (unless 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 War against the late Murdered KING, pretending He would enstave us, & they would set us free; have brought us so fare below the condition of the basest Slaves, that they abuse us, like brute Beasts, and having deprived us of our Religion, Laws and Liberties; and drawn from us our money and blood, they now deny us the use of reason and common sense, belonging to us as Men, & Govern us by arbitrary, irrational Votes, with which they bait Traps to catch us; woe be to that People whose Rulers set snares to catch them, and are amari venatores contra dominum, Men-hunters against God; nay, to move any Person to stir up the People against their Authority is hereby declared, Treason; mark the ambiguity of these words (like the Devils Oracles) which he that hath Power and the Sword in his hands will interpret as he please: If the Keepers of the Liberties of England, or Council of State shall extend too fare, or abuse their Authority never so much contrary to the Laws of the Land, Reason, Justice, or the Laws of God) as hath been lately done in the Case of Lilburne, Walwyn, etc.) no Lawyer, no Friend shall dare to perform that Christian duty of giving council 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 stir up the People against their Authority. 3. All endeavours to withdraw any Soldier 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 man's Child, or Servant, be enticed 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 Soldiers to violate, wrong, or rob any man for the party so aimed at, or some well-meaning Friend to set before the said Soldiers the sin and shame of such actions, and dissuade them from obeying such unlawful commands. 4. If any man shall presume to counterfeit their counterfeit Great Seal, it is declared Treason. I wonder it is not Treason to counterfeit their counterfeit Coin! 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 Tyrant's labour to ensnare the People by making Treasons uncertain and arbitrary; Sic volo, sic jubeo, it shall be Treason, because they will call and Vote it so. what they please to call Treason shall be Treason, though our known Laws 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 Laws, Liberties, Properties, and destroys 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 divers 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. ●1 H. 7. c. 1. Declares: 1. That to compass or imagine the Death of the KING, (how much more to act it) Queen, or their eldest Son and Heir. 2. To violate the KING'S Companion, eldest Daughter unmarried, or the Wife of the KING'S eldest Son and Heir. 3. To leavie War 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 Seal; 5. Or His Money. 6, To stay the KING'S Chancellor, Treasurer, justices of one Bench or other, justices in Oyre, justices in Assize, and all other justices assigned to hear and determine, being in their Places doing their Offices. If any other case supposed Treason which is not above specified, So the 4 Lords ought to have been Tried, not by a new shambles of justice. doth happen before any justices, the justices shall tarry without any going to judgement of the Treason, till the Cause be showed and declared before the KING and His Parliament (not before the House of Commons only, or before both Houses without the KING) whether it ought to be adjuged Treason. You see how few in number these Treasons specified are, and that they must be attainted of open deed by their Peers; our words were free under Monarchy, though not free under our Free-State; so were they under the Romans. Tacitus, An. 1. sub finem, speaking of Treasons, facta arguebantur, dicta impune erant. These horrible tyrannies considered, (and being destitute of all other less desperate relief) I do here solemnly declare and protest before that God that hath made me a Man and not a Beast, a Freeman and not a Slave, that if any man whatsoever that taketh upon him the Reverend name and Title of a judge or justice shall give Sentence of Death upon any Friend of mine upon this or any other illegal Act of this piece of a House of Commons, I will and lawfully may (the enslaving scarecrow doctrine of all time serving, State-flattering Priests and Ministers, notwithstanding) follow the exemples of Samson, judith, jael, and Ehud, and by Poniard, Pistol, Poison, or any other means whatsoever, secret or open, prosecute to the Death the said judge and justice, and all their principal Abettors: and I do hereby invite and exhort all generous freeborn Englishmen to the like resolutions, and to enter into Leagues defensive and offensive, and sacramental associations (seven or eight in a company, or as many as can well confide in one another) to defend and revenge mutually one another's Persons, Lives, Limbs, and Liberties as aforesaid, against this, and all other illegal and tyrannous Usurpations. 162. A motion to enlarge Sir Will: Waller, etc. And the General's Answer, intimating the securing of the Members to be done by confederacy with the Army-party in the House. About this time or a little before, the General was moved to enlarge Sir William Waller, and the other Members illegally kept Prisoners in Windsor: He answered, they were no longer his, but the Parliaments Prisoners: It should seem the Brute hath made a private deed of gift of them to his Journeymen of the House. The Generals Warrant seized and Imprisoned them, and notwithstanding the Council of Officers declared in print, that they were preparing a Charge against them, yet the Knaves lied like Saints; they were then so fare from having matter to accuse them of, that they have ever since, hunted after a Charge against them, and endeavoured to suborn Witnesses; but after 24 Weeks restraint (whereas by the Law no Man ought to be commited without an accusation) they have found nothing against them. This turning over of these Prisoners to their House of Commons proves what I formerly asserted, §. 24. That the violence of the Army in securing and secluding the Members, was by consent of their Somerset house junto now sitting in the House of Commons. 163. The General sends forth Warrants to all justices of the Peace to attach those Levellers that he had routed. The honest Leveliers (most of them Countrymen) endeavouring to draw to a Randezvouz, about 600. or 700. of them marched from Banbury to Burford in Oxford-shire, where lying securely (because they were upon Treaty with the Enemy) their Quarters were beaten up, and about 180 of them taken Prisoners, which their Enemies (according to their usual custom) to gain reputation by lying, reported to be so many Hundreds. And the General (as if they had been all routed) sent forth his Warrants to all Justices of the Peace in the adjacent Counties, requiring them to apprehend and secure all such of them as shall be found; I desire to know by what Authority the General takes upon him to command Justices of the Peace who are not under his Power, and what tame Animals these Justices are that will submit to his commands? and whether he thinks the Civil Magistrate to be obnoxious to the Power of the Sword & the Council of Officers? See the Vote and Act for abolishing the Kingly office. 164. and his single self the Supreme Magistrate or Tyrant Paramount, notwithstanding the Vote of his Journeymen Commons, That no single Man should be trusted with the Supreme Power. The Levellers having possessed themselves of Northampton: the General (it is said) thought fit to take hold of the Horns of the Altar, The General sends to the City for additional Forces. and wrote to his Vassals of the City to send their Trained Bands to his relief that he might the better domineer over them, and continue their slavery hereafter. But if the Citizens have no more wit, I wish their Horns may be as visible in their foreheads, as the Nose in oliver's face. To cousin the honest Levellers, 165. The Commons colourably debate to dissolve this Parl: and settle a succeeding Representative. the Commons (in order to the ending this present Parliament) are debating how to pack a succeeding Representative as wicked as themselves and of the same leaven; whose Election shall not be free, but bounded with such Orders of limitation and restriction as shall shut out all men from electing or being elected, as are not precisely of the same principles and practices, and as deep engaged in their tyrannical, traitorous, cheating, bloody designs as themselves, guilty Committee-men, and Accountants to the State shall be the next Representative; and for the better lengthening of the business (that they may see what success) in the mean time (the Levellers will have) they wiredraw it through a Committee, and refer it to be debated by a Committee of the whole House. And at last (if they must dissolve) having packed themselves into a Council of State, they will usurp the Supreme Authority there: to prepare the way to which design, they have passed another Act, May 19 That the People shall be Governed as a Free state by Representatives, and by such as they shall constitute; and then consider what kind of Representatives we are likely to have. Great care is taken that the State (or rather our statesmen's private pockets) might not be prejudiced by judgements, 166. A Debate how to defeat judgements, Extents, etc. upon Delinquents Lands. sect. Extents, etc. lying upon Delinquents Estates: you see notwithstanding their declaratory Vote, That in things concerning the Lives, Liberties, and Properties of the People, they would maintain the known Laws of the Land; yet this Vote (as well as all others) hath a condition implied, that it do no ways hinder the Gains of our godly Grandees, otherwise they would not consider how to defeat Creditors of their legal assurances. john Lilburne being ordered a close Prisoner in the Tower by the Commons without Pen, Ink, or Paper, 167. john Lilburnes starving imprisonment in the Tower. (which was tyranny under King Charles, but not under K. Oliver) a Petition was presented to the Commons by many well-affected, that john might have the allowance usually and legally due to Prisoners in the like case for his support; The allowance is 4 l. a Week as I conceive. which was rejected, insomuch that john was kept 3 whole days with one half meals meat: this is to condemn men unheard to be murdered by famine in their private slaughter-houses, when they cannot, or dare not murder them in their pretended Courts of judicature, or public shambles: yet afterwards when the drawing together of the Levellers, and discontents of Newcastle affrighted the Commons, they voted him the short allowance of 20 s. a Week. Thus you see nothing but fears and dangers can kindle the least spark of goodness and compassion in their woolvish breasts: wherefore Lord (I beseech thee) heap fears and terrors upon their guilty pates till with judas Iscariot they cry out, We have sinned in that we have betrayed innocent blood. 168. Why Ireton laid down his Commission. Cromwell being to march against the Levellers, left Ireton behind him (like a hobby daring of larks) to over-awe the Conventicle at Westminster, and see they chant no tune but of their setting, the better to keep himself in a neutral reconciling posture: Ireton laid down his Commission, (which he can take up again at pleasure) whereby he puts off all addresses to him from the levelling party for the present. This poor Fellow now keepeth his golden Coach which cost 200 l. and 4. gallant Horses. The world is well altered with such petty Companions; and hereby the Soldiers may see what becomes of their Arrears. There hath been a seeming falling out between Cromwell and Ireton. 169. Hugh Peter's visits I. Lilburne in the Tower, and the sum of their Conference. john Lilburne being a close Prisoner in the Tower (as hath been said) Hugh Peter (Chaplain in Ordinary to two great Potentates, Lucifer and Oliver) came about dinner time (May 25. 1649.) to visit him, and though admittance be denied to other men, yet to him the Gates slew open; as sure as Saint Peter keeps the keys of Heaven, Hugh Peter keeps the keys of our Hell and out Grandees Consciences, and openeth and shutteth at pleasure; he is Confessor to Tyburn, and hath a great power over damned Spirits, or rather over such Spirits as not submitting basely to the tyranny of our State-Mountebanks, Witness his tampering with Hamilton, etc. incur their condemnation in this world, (by God's permission) in order to their salvation in the next world: the tyranny of these Usurpers implying at once, their cruelties over our bodies, and God's mercy to our souls. Hugh's first salute was, That he came merely to give John a visit, without any design, (his guilty Conscience prompting him to a voluntary Apology) john answered, I know you well enough, you are one of the setting Dogs of the great Men of the Army, with fair and plausible pretences to insinuate into Men, when they have done them wrong, and to work out their designs when they are in a straight; and cover over the blots that they have made. Then john complained of the † Compare this Act of the Kings, With the violent act of those Traitors and Tyrants, Fiarfax & his Council of War in imprisoning and secluding above 200. Members at once without cause shown, & leaving only 40. or 50. of their cheating Faction in the House to carry on their bloody anarchical designs; some of which secured Members with barbarous usage were almost brought to death, and their murder since attempted by Soldiers. illegal and violent seizing upon him by Soldiers, and carrying him before that new erected thing, called, [A Council of State] who committed him without any Accusor, accusation, Prosecutor, or Witness, or any due process of Law: and yet when the King impeached the 5 Members and preferred a Charge of High Treason against them; Recorded 1. part Book of Decl. p. 35. and only failed in a single punctilio of due process of Law, they cried out, it was an invasion of the People's Liberties; so that four or five Recantations from Him. (Recorded in their own Declarations) would not serve His turn. Peter's half out of countenance (if so prostituted a Villain that practices impudence amongst common Whores, and whose Pulpit is more shameful than another man's Pillory, can be out of countenance) takes up one of Coke's Institutions, and professed Lilburne was merely gulled in reading or trusting to those Books, for there were no Laws in England. john answered, he did believe him, for that bis great Masters, Cromwell, Fairfax, etc. had destroyed them all. Nay, (quoth Hugb) there never was any in England: with that john shown him the Petition of Right, ask him, whether that were a Law? which Peter had the impudence to deny, ask what Law was? john 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 own Declarations, the Law is that which puts a difference betwixt good, and evil; just, and unjust: If you take away the Law, all things will fall into confusion, every man will become a law unto himself; which in the depraved condition of humane nature must needs produce great enormities; lust will become a law, envy a law, Covetousness and ambition will become laws; and what dictates, what decisions such laws will produce may easily be discerned. Tbis (Master Peter) is a Definition of Law by the Parliament in the days of their primitive purity, before they had corrupted themselves with the Commonwealth's money. And elsewhere the Law is called, The safeguard, the custody of all private Interests, your honours, 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 birthright the Subject hath: it is a miserable servitude or bondage where the Law is uncertain or unknown. To this the Comic Priest replied, I tell you (for all this) there is no Law in this Nation but the Sword, ●nd what it gives; This doctrine of Devils, that it is lawful to submit to any present power that is strongest; is broached in a Pamphlet by old Rowse the illiterate jew of Eaton-Colledge. And by john 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 Peter, You are one of the Guides of the Army, used by the chief Leaders to trumpet their Principles and Tenants; and if your reasoning be good, then if six Thiefs meet three or four 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 Traitors before God and Man, in resisting and fight against a just power in the KING, who was a power up and visible, fenced about with abundance of Laws, so reputed in the common acceptation of all Men, by the express letter of which all those that fought against Him are (ipso facto) Traitors; And if it were not for preservation of our Laws and Liberties, why did the Parliament fight against Him, a present power in being? and if there be now no Laws in England, nor never was, than you and your great Masters, Cromwell, Fairfax, and the Parliament are a pack of Bloody Rogues and Villains, to set the People to murder one another, in fight for preservation of their Laws, (in which their Liberties were included) which was the principal declared Cause of the War from the beginning to the end. I thought (quoth the Lieutenant Colonel) I had been safe when I made the known Laws the rules of my Actions, which you have all sworn and declared to Defend; and make as the standard and Touchstone between you and the People. * The Laws are now no protection to us, nor the rule of our actions, but the arbitrary wills and lusts of the Grandees. I but (replied Hugh) I will show 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 Declaration of their minds (never contradicted in any of their Declarations) as, That they will maintain the Petition of Right, and Laws of the Land, etc. This was the substance of their discourse, saving that john pinched upon his great Masters large fingering of the Commonwealth's 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 sum of this Debate to thee, that by comparing their doctrine and principles, with their daily practices, thou mayest perfectly see to what condition of slavery these beggarly upstart Tyrants and Traitors have reduced us by cheating us into a War against our lawful Sovereign, under pretence of defending our Laws and Liberties, and the Privileges of Parliament, which themselves only (with a concurring faction in the House) have now openly and in the face of the Sun pulled up by the roots: and now they stop our mouths, and silence our just complaints with horrid, Sect. 162. illegal and bloody Acts, Declaring, words and deeds against their usurpations and tyranny, to be High Treason: nothing is now Treason but what the remaining faction of the House of Commons please to call so. To murder the King, break the Parliament by hostile force, put down the House of Lords, erect extrajudicial High Courts of justice to murder Men without Trial by Peers or jury, or any legal proceeding; to subvert the fundamental Government by Monarchy, and dispossess the right Heir of the Crown, and to usurp His supreme Authority in a factious fag end of the House of Commons, to put the Kingly Government into a packed junto of forty Tyrants, called, A Council of State; to exercise Martial Law in times of peace, and upon Persons no Members of the Army; to raise what unnecessary illegal Taxes they please, and share them and the Crown Lands and Revenues amongst themselves, leaving the Soldiers unpaid to live upon Freequarter, whilst they abuse the People with pretended Orders against Free quarter; to alter the Styles of Commissions, Patents, Process, and all Legal proceed, and introduce a foreign jurisdiction; to Counterfeit the Great Seal and Coin of the Kingdom, and to keep up Armies of Rebels to make good these and other tyrannies and Treasons, is High Treason by the known Laws; but now (by the Votes of the Conventicle of Commons) it is High Treason to speak against these Crimes Good God how long will thy patience suffer these Fools to say in their hearts there is no God? and yet profess thee with their mouths? to break all Oaths, Covenants, and Protestations made in thy name, to cloak and promote their Designs with days of impious fasting and thanksgiving? how often have thy Thunderbolts rived senseless Trees, and torn brute Beasts that serve thee according to their creation? yet thou passest over these men who contemn thee, contrary to their knowledge and professions: Scatter the People that delight in war: Turn the Counsels of the wise into folly, let the crafty be taken in their own net; and now at last, let the Oppressed taste of thy mercies, and the Oppressor of thy justice; throw thy rod into the fire, and let it no longer be a bundle bound together in thy right hand. They appeal to thee as Author of their prosperous sins, become (Lord) Author of their just punishments; bestow upon them the reward of Hypocrites, and teach them to know the difference between the saving strength of Magistrates, and the destroying violence of Hangmen: But what am I that argue against thy long-suffering (whereof myself stand in need) and seek to ripen thy vengeance before thy time? shall the Pot ask the Potter what he doth? I beheld the prosperity of the wicked, and my feet had almost slipped; Lord amend all in thy good time, and teach us hearty to pray, Thy will be done in Earth as it is in Heaven. 170. The Act for Abolishing Monarchy proclaimed in London. May. 30. 1649. The aforesaid traitorous Act for abolishing Kingly Government, and converting England into a Free-State. (consisting of forty Tyrants, and many millions of Slaves) was proclaimed in London by the newly intruded illegal Lord Major Andrew's, accompanied with 14 Aldermen of the same pack; the People in great abundance crying out. Away with it, away with it; GOD save King CHARLES the Second: and bitterly reviling and cursing it and them, until some Troops of Horse (ready prepared in secret) were sent to disperse, beat, and wound them: and yet the Trial of the King, and the subverting of our wellformed Monarchy (under which we lived so happily heretofore) with all other Acts of the like high nature was done in the name of the People of England, although (I dare say) at least five hundred to one (if they were free from the terror of an Army) would disavow these horrid Acts; so little are the People pleased with these do: notwithstanding the new Title the Conventicle of Commons have gulled them withal, Voting the People of England to be The Supreme Power, and the Commons representing them in Parliament the Supreme Authority of the Nation under them: This was purposely so contrived to engage the whole City and make them as desperately and impardonably guilty as themselves: and certainly if this Tumult of the People (amounting to a public disclaimour of the Act) had not happened, the whole City had been guilty by way of connivance, as well as these Aldermen, and the illegal Common Council, newly packed by the remaining Faction of Commons, contrary to the City's Charters, to carry on these and such like Designs, and entangle the whole City in their Crimes and Punishments. * The Names of the Lord Mayor and Aldermen of the City of London that personally proclaimed the Act for abolishing Kingly Government. Alderman Andrew's, Lord Mayor. Alderman Pennington. Ald. Wollaston. Ald. Foulkes. Ald. Kenrick. Ald. Bide. Ald. edmond's. Ald. Pack. Alderman Bateman. Ald. Atkins. Ald. Viner. Ald. Avery. Ald. Wilson. Ald. Dethick. Ald. Foot. The Pharasiticall House of Commons voted an Act, 171. A Dinner in the City for the General, etc. 1. june for a day of Thanksgiving to set off K. oliver's Victory over the Levellers with the more lustre; and to sing Hosanna to him for bringing the grand Delinquent to punishment. The wise Lord Mayor and his Brethren (in imitation) invited the Parliament, Council of State, the General, and his Officers, to a Dinner upon that day. The Commons appointed a Committee (under pretence of drawing more money from Adventurers for Relief of Ireland) to engage the City farther to them; Cromwell had the Chair in that Committee: the device was, that the Common Council should invite the Parliament, Council of State, and Officers of the Army to Dinner, and feast them as a Free-State, and then move the Supplies for Ireland, But if the Levellers had prevailed, the whit-broth and custard had been bestowed upon those free-spirited Blades, whom Oliver raised into a mutiny with one hand, and (by advantage of his Spies) cast down with another, for the glory of his own Name, and that he might have an occasion to purge the Army (as he had done the Parliament) of all freeborn humours. 172. The Council of State sit in pomp at Wihte hall. Whitehall is now become the Palace of a Hydra of Tyrants instead of one King, where our Hogens Mogens, or Council of State sit in as much state and splendour with their Rooms as richly hanged (I wish they were so too) and furnished (if you will believe their licenced News-books) as any Lords States in Europe; yet many of these Mushrooms of Majesty were but Mechanics, Goldsmiths, Brewers, Weavers, Clothier's, Brewers-Clerks, etc. whom scornful Fortune in a spiteful merriment brought upon the Stage, and promoted to act the parts of Kings (to show that Men are but her Tennis-balls) and when she is weary with laughing at their disguises, will turn them into the Tiring Room out of their borrowed cases, and show us that our Lions are but her Asses. The King's poor Creditors and Servants may gape long enough (like Chameleons) to see the aforesaid Ordinance executed, for sale of the King's Goods to pay their Debts: they (poor Souls) are left to starve while these Saints Trimphant revel in their Master's Goods and Houses. 173. A general survey to be taken of the whole Kingdom, that every man's Estate real & personal may be taxed. Orders about this time were sent forth into London and the Counties adjacent for certain Committees to inquire upon Oath and certify the improved value and revenue of every man's Estate real and personal, wherein good progress hath been made already; the like is to go forth throughout the Kingdom. That our 40 mechanic Kings now sitting in Whitehall, and the self-created supreme Authority of the Natlon, may take an exact survey (in imitation of William the conquerors Book of Survey, called Doomsday, remaining in the Exchequer) of their new conquered Kingdom, and know what they are like to get by their villainies; and how to load us with Taxes and Freequarter, and what the value of their Estates are when they have completed their Design of Sequestering the Presbyterians as they have done the Royalists. The faction in the House are this beginning of june, 174. An Act enabling Committees to give Oaths. 1649. sitting abrood upon an Act to enable Committees to give Oaths in some cases; and yet the House of Commons never had nor pretended to have power to give Oaths themselves (though every Court of Pypowders hath) because the House of Commons is no Court of judicature, but only the Grand Inquest of the Kingdom, to present to the King the grievances & the necessities of the People by way of humble Petition; as appears by our Law-Books and Statutes: and therefore the Commons can grant no more than they have themselves, But now the remaining faction of the House have voted themselves to be the supreme Authority of the Nation, and have a Sword to maintain it, they and we must be what they please: yet I must affirm, that to take illegal Oaths is neither justifiable before God nor Man, and no less than damnable. But (it may be) that by accustoming the People to take these new-imposed, illegal Oaths, they hope to make them the more easily swallow their intended new Oath of Allegiance to their new State, and their own Damnation together hereafter. All the Scrivenors about the Town are commanded by the Supreme thing to produce their Shop-books; 175. Scrivenors' commanded to show Shop-books. that notice may be taken who are guilty of having money in their purses, that the fattest and fullest may be culled out and sequestered for Delinquents, now that their almighty Saints-ships have occasion to use it for defence of their Free-State, if they would but search one another's private pockets they would find money enough. The like attempt (only) in the King's time was cried out upon as a high piece of tyranny, but nothing can be tyranny under a Free-State: The Supreme Authority being so full a Representative-glasse of the People, that it takes our very substance into itself, and leaves us only the shadow, whilst we wander up and down like our own Ghosts, who having lived under the Monarchy of Good KING CHARLES, are now dead and descended like shades into the Kingdom of Pluto. The 7. june, 1649. the (spoken of §. 172.) was solemnised in the City: the Lord Mayor meeting the Speaker, 176. The aforesaid Tanksgiving solemnised. resigned to him (as formerly was used to thc King) the Sword of State (as had been ordered by the House the day before) and received it again from him: and then the Mayor conducted them all to Christ-Church, where the Commons, Council of State, General, and his Officers, together with the Mayor, aldermans, and Common Council, etc. mocked God with their Devotions, where Master Tho: Goodwin, and M. Owen preached out of the Politics to them; from thence they were conducted to a great Dinner at Grocer's hall, and entertained in the quality of a Free-State: no man being admitted without delivering his Ticket. They were all strongly guarded with Soldiers, and every Cook had an Oath given to be true to them, which shown they had more of fear and guilt than confidence and innocency within them. Great Presents of Plate given to his Excellency Fairfax, and to his Super-excellency Cromwell, and to others, fit to be chronicled in Stows, and Hollingsheads Volumes, amongst other solemn Fooleries; let it not be omitted that Hugh Peter & many other Saints were too full of the Creature (anglice) Drunk. 177. A necessary advertisement to all honest Presbyterians. See K. Charles the First his Book, [The portraiture of His Majesty in His solitudes and sufferings.] Some over-hastily expect the King should satisfy the Presbyterians by His Declaration? but the height of the Independents malice & their guilty fears are such as may endanger the drawing on a Massacre upon them by such a course. I am to give a necessary advertisement to all men, that though the young KING shows much respect and a desire of reconcilement (according to his dead Fathers never dying precepts) to all moderate men and Presbyterians that make Addresses to Him, yet it is complained of by some (who look not into the underminning practices of our new Statists) that some few of His Counsellors and Followers are as violent against the more moderate and honest Presbyterians, as against the Independents who murdered His Father; but these zealous Royalists are either some passionate light-brained men of little discretion and less power with Him, or else some falsehearted Pensioners to our new State, and such as have underhand an Indemnity for their own Estates in England; who stand like Scarecrows about His Majesty to fright away such as return to their Loyalty, and tender their due Allegiance to Him, thereby to weaken the hands of His Majesty, and cut off the hopes of this Nation from depending upon Him, who as our undoubted Sovereign (both by the Laws of God and the Land) and Gods Vicegerent in His three Kingdoms, only can and will (if we forsake not him and ourselves) free and protect us from the many headed, miserable, arbitrary tyranny we now starve and bleed under; and restore unto us again our Religion Laws and Liberties, our Wives, Children, and Estates, Trading, Husbandry, peace and plenty now held in more than Egyptian bondage, under our cruel, See a Book, entitled, [His Majestices Gracious Messages for Peace.] and Master Pryn's Speech, 5. Dec. 1648. in the House. And the secured Members Reply to the Council of War. bloody & thievish Taskmasters, 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 Martyrdom 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 legal Tyranny, by adding His Royal Assent to their wicked Demands tendered to Him but two days before His translation form this valley of tears. Remember His Post humus Book to His Son, full of precepts, savouring merely of piety, Christian wisdom, charity and forgiveness, to His very Enemies; and then judge whether our late King, or our usurping Kinglings (now scratching and tearing us, making one War beget-another, 1 King. 3. perpetuating an Army, and domineering over us by the power of the Sword) were the natural Parent whose bowels yearned upon this (now) Orphan Child, the English Nation dying and expiring under this new Corporation of Tyrants, Oath of Allegiance, & Stat. of Recognition, 1 jacobi, (the putative Parent) which overlayed it? He that acknowledged Allegiance to the Father, cannot deny it to his Son, as having sworn to bear faith and true Allegiance to the King his Father, and to his lawful Heirs and Successors; which our usurping Hogens Mogens cannot pretend to be: so that as well for duty and conscience to God and their own Souls, as for a necessary and just protection of their lives and estates, all honest and wise men ought to cast themselves into the Arms of his Dread Majesty our present KING, as the only sanctuary of their salvation, and not suffer themselves to be so fare misled by vain reports, as to be more afraid of their cure than of their disease. Stultorum incurata pudor malas ulcera celat. Solomon hath showed you out of the Cabinet of Nature the difference between a Natural-Mother and a Stepmother; Dictum de Kennelworth and that you may see the difference between a natural King, correcting his own people with fatherly compassion for examples sake; and a Usurper, wounding, kill and robbing (those which are none of his own) his fellow Servants for his lust and lucre sake, I will set down a short Abridgement of our own famous Dictum, de Kennelworth, and first the occasion thereof, which was thus: Simon de Montford, Earl of Leicester, conspiring with many other great Men, rebelled against Henry 3. pretending (after the manner of all Rebels) Reformation of public Grievances. He overthrew the King in battle, took Him and his Son Prince Edward Prisoners; the Prince after a while escaped out of Prison, raised an Army, overthrew and slew in the 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 men's minds grown desperare with fear 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 blood of war was not shed in time of peace: the King did not slay those whom he had taken with his Sword and with his Bow, but reasonably fined them, See the late History of the marquis 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 known Laws called them Traitors, and put them into his power for life, lands and goods; they were but once punished, not always tormented and kept upon the rack, after the late custom of our fellow Servants and Subjects; who will never suffer the partition wall between us to be thrown down, England once more to become one Nation, and one People; and our broken bones to be again set and knit together. Dictum de Kennelworth. None to be Disinherited, but only fined: As namely, Those 1. That began and continued in War. 2. That held Northampton against the King. 3. That fought against him at Lewis, Evesham, Chesterfeild. 4. That were taken at Kenilworth. 5. That sacked Winchster, being yet unpardoned. 6. That voluntarily sent against him, or the Prince. 7. The Officers of the Earl of Leicester's who molested their Neighbours with Rapine, Fire, Murder, or otherwise, to pay in three years five year's 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, etc. and so if it be to be Let, those who pay the whole to have all instantly, and that pay half, to have half: If in three years the whole be unpaid, the Land to be divided between him that 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 choose one. 2. Knights and Esquires, who during this War have enriched themselves by Rapine, having no Land, to pay half their goods, and be bound with Sureties to the peace; if no goods be 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 Ransom to, and they to be so answered. 4. The King's Wards to remain where they are placed, and be Ransomed as others, but without destruction. 5. Such as were with the King before the Battle of Lewis, and since are Disinherited, His Majesty to declare his pleasure touching them. 6. No man now possessed of wood to fallen any but only for repair till the last day of payment be passed and not observed. 7. The King and the Pope's Legate to send beyond sea for a time such as are likely to trouble the peace of the Kingdom, which if it hindered the paying of their Ransom, not for that to be Disinherited. 8. Such as were grieved with this Agreement might appeal to the King's 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 ordain, according to the estimates already taken, or if not to have new rates taken reasonable and true. 11. Tenants than were against the King to lose their Leases; but at the expiration of their time the Land to return to the true owner. 12. Forts built by the assent of the King, but without that of the Person disinherited, after the Fine paid in three years, to pay the costs of building of it in six years, or receive a reasonable exchange in Land. 13. Such of the Lay as apparently drew any to the part of the Earl of Leicester to pay two year's Revenue. 14. The Buyers of other men's goods wittingly, to restore the value of that they have bought, and be at the King's mercy, because that they did was against justice. 15. Those that at the Earls command entered Northampton, yet fought not, but entered the Church. 16. Such as held not of the Earl, yet at his command entered to the action with him to pay half one years' Revenue. 17. Such as held of the Earl to be only at the King's mercy. 18. Impotent Persons, and such as did nothing to be restored to their Possessions, and by justice recover their damages, their Accusers punished by Law, yet without loss of life or limb. 19 Maliciously accused to have their Estates immediately restored. 20. Women to have their own Lands, and what they had of their first Husbands; if their late Husbands were against the King to be restored according to Law, or Fined. 21. None to be fined but such as were against the King. 22. Such as have been Pardoned to remain so. 23. Those that are fined to answer no Loss done to any, but all damages to be remitted on every side; except those that intermeddled not, and of the Church whose actions are saved. 24. The King by reasonable Exchange to receive the Castles of Erdsley-Bishop, and Chartley, it seeming dangerous to leave Forts in their hands who have carried themselves ill towards the King. 25. Those that in the future shall commit any outrages, to be punished by Law. 26. An Oath to be taken where it shall be held convenient, not to pursue each other with revenge; and if any shall attempt the contrary, to be punished according to Law. 27. The Church to be satisfied by those that injured it. 28. Such of the Disinherited as refuse this Composition to have no Title to their Estates, and to be esteemed public Enemies to the King and Kingdom. 29. Prisoners to be freed by the advice of the King and Legate. 30. No Person to be Disinherited by reason of these Trouble sbies any to whom he ought to Succeed. You see what great care was here taken to prevent spoil and waste of Woods, etc. whereas in this latter Age the first thing taken into consideration, is, how to raise ready Money by destruction of Woods, Housing, and selling of the Stock to lay the Lands waste, and decay Husbandry, to the endangering of a Famine for the present, and the Disinheriting our innocent Posterity for the future: so little care is taken to Keep that well which is so ill and illegally gotten. And how much regard was had to preserve innocent Persons from suffering wrong in any just claim or Title they could make to any Land possessed by a guilty Person: whether they claimed by Dower, Jointure, Title or Estate in Reversion, or Remainder or otherwise? I wish the like justice were now observed. Monday night, 4. june, 178. The loss of Ships at Kingsale suppressed, and misreported in the House, and why. 1649. that third part of a Lord Admiral, Col. Edw. Popham came to Westminster, and presently made his Addresses to the high and mighty Estates in Whitehall, giving them a dismal Relation of his ill success in tampering with the Governor of Kingsale in Ireland; who (proving honester than the Saints expected) took a sum of money of him to betray the Town, Forts, and Ships in the Road: but when Popham, came in to the Haven to take possession of his new purchase, gave him such a Gunpowder welcome that he lost most of his Men, landed to take livery and season, and divers Ships: he was commanded to conceal this Ill news, lest it discouraged the City to engage so fare with them, as to entertain them in the condition of a Free-State, and surrender the Sword to them, and so spoil the Design of their Thanksgiving Devotions and Dinner to be celebrated together in, and with the City upon Thursday ensuing the 7. of june: and lest it should dishearten more secluded Members from coming to sit in the House with them again, knowing, that Tyrants are followed for their fortunes, not for themselves: wherefore upon Tuesday following (being the 5. june) Popham made another kind of Report to the Plebeians of the Commons House (who must not be trusted with the truth of State-mysteries, but (like Woodcocks) must be led in a mist) Thut he had left Kingsale blocked up with ten Ships, and the Seas secured in peace and quietness: and the better to adorn the fable, and suppress the truth from approaching the ears of the people. the House that day (5. june) passed an Order, That for this remarkable additional mercy bestowed upon them in the prosperous success given to their Fleet at Sea, upon Thursday next, 7. june (the day set apart for public Thanksgiving) the Ministers should praise God. Lord! since these audacious Saints are so thankful to thee for one beating, bestow many more beat upon them, for they stand in need of all thy corrections The like attempt hath been upon Scilly with the like success, since which time forty sail of Ships are pressed in the Thames to recruit their shattered Navy; Scout, from june the 8. to 15. 1649. given forth to be a Winter Guard at Midsummer. 179. Gifts given amongst the Faction. john Blackiston is packed away to the other world; and the House upon 6. june, voted to his Wife and Children 3000 l. out of the Earl of Newcastles, and Lord Wytherington's Estates, in compensation of the loss of his pedlery Ware, in his Shop at Newcastle; he had formerly given to him 14000 l. you see the insatiate hunger of Gold and Silver survives in the very Ghost of a Saint after he is dead. 500 l. more was given to john's Brother; an Estate out of the Rectory and Demesnes of Burford was settled upon the Speaker. 4000 l. per ann. Lands are to besetled upon the General out of the Duke of Buckingham's and his Brother the Lord Francis Villers Estates. 400 l. per ann. out of Claringdon-Parke upon the Earl of Pembroke. 1000 l. was bestowed upon an eminent Member of Parliament for his many good Services. 4868 l. to the Lord Lisle, out of the Monthly Assessment for Ireland, for his pennyworth of good service done there; you see to what purpose we pay Taxes. 2000 l. Land per an. and 1000 l. Money given to Bradshaw, the price of Blood. And 400 l. more given to the Poor of the City (to stop their mouths from cursing upon the Thanksgiving-day) out of the 2000 l. Fine set upon the Lord Mayor Reynoldson for not proclaiming the Act for abolishing Kingly Government; this is (according to the Spanish Proverb) To steal a Sheep and give away the Trotters for God's sake. You see the Saints can find Money to give Gifts, though not to pay Debts; although the Public Faith lie at pawn for them. A Committee is appointed to consider how to prefer Mr. Tho: Goodwin and Mr. Owen to be Heads of Colleges in Oxford as a Reward for asserting the late proceed 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, Godliness was great Gain; but in the days of our modern Saints, Gaine is great Godliness. The thing that miscalls itself a Parliament, 180. The Excise enlarged upon Salt. hath set an Excise of Id. the Gallon upon all foreign 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 powdering Tubs, our washing Bowls, our Kettles, our Hats, Doublets, Breeches, Stockings, Shoes; nothing we use, eat, drink or wear, 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 Spain trusted all those vast sums of Bullion he sent to the Low Countries, to be Coined in our Mint, and above a third part yearly to be laid out here in English Cloth and Commodities, which with the residue of the Spanish Treasure was afterwards wafted over into Flaunders in English Bottoms, for which they were liberally paid; whereby every man's Estate was increased 10 l. in the hundred, England, infinitely abounded with Coin and Plate, as appears by those many vast sums that have been constantly extorted from the People since the beginning of these Wars; more, I dare say, than all our Kings since the Conquest, excluding William the Conqueror and Henry the Eighth) ever raised upon the People) and by those many vast sums 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 design to garble and enslave the Army. That the Levellers) for so they are miscalled, only for endeavouring to Level the exorbitant usurpations of the Council of Officers and Council 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 Cromwell's 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 eat them hereafter. Ireton, Haslerig, and Postmaster-Attorney Prideaux, by themselves and their Bloodhounds, (Spies and Intelligencers) have been very diligent to draw dryfoot aftet M. Lilborne, Walwine, etc. and suborn witnesses against them, but (not having yet quite extinguished all sparks of truth and honesty, unless it be in their own breasts) failed of their purposes. Yet they go on to purge the Army (as they have done the Parliament and Conventicle of State) of all freeborn humours (in order to their destruction) that the Army may consist of mere mercenary brutish spirits, such as will so far neglect the duties of men and Christians, as to execute all their tyrannous, bloody, illegal Commands, with a blind obedience and implicit faith, without ask a question for Conscience sake, the better to enslave both the Kingdom and Common-Souldiers. In farther prosecution of this Design, 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 only be employed 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 Council of Officers: and more confiding men put in their rooms: and then shall these new Officers and Regiments be used as Catchpoles and Hangmen (contrary to the honour of Soldiers) to persecute and execute such Members of the Army as retain any sense or memory of their old Engagements and Principles. * 182. The pretended Parliaments Council of state and officers confederated with O-Neale. See An Aftergame at Irish. etc. 1649. and the Propositions printed at Cork and reprinted at London. From june 6. 1649. june 8. 1649. I formerly told you of an underhand combination between the domineering Independent party here, and Owen Roe Oneale: which is now openly declared and avowed by their own licenced News-books. Owen Roe and Colonel Monk are joined (saith the Modest Narrative) our Party have permitted 300. of Oneals own Regiment to Quarter in our parts amongst the Creates within two miles of Dundalke, (saith the Scout) Owen Roe and Berne are come towards Col. jones, Moderate Intelligencer, from june 7. to 14. 1649. num. 221. and Col. Monk's Quarters, he is so fair as to pay Contribution: his Quarters are to the Scots side of Dublyn, to prevent their giving aid to Ormond in his attempt upon Dublyn: who can blame necessity? nor do our Grandees now deny this Confederacy with the bloody Popish massacring Rebels, although they had the impudence to make the only supposition thereof one of the principal Charges against the late King; and to raise a great outcry against the marquis of Ormond and Lord Inchiquine for their conjunction with Preston: yet they joined 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 Ulster forfeited by his Grandfather Tyrone, Shane Oneale and others attainted, thereby destroying the British Planters there; and this is the reason they employ so few old Irish Commanders into those parts, lest the Oneals should doubt they came to recover their own Lands again. But our Atheistical Saints account themselves lose when other men are bound, nothing but a Halter can hold them; all obligations to men, See the Council of Wars Answer concerning the secured and secluded Members? from 6. june, to 13. num. 3. all duties and Vows to God, they break upon pretended necessity and honest intentions. Their Metropolitan Nuntio, judas Haclet, tells you, Their Party will not join with the bloody Irish, until they are brought to such a pinch, as to say. Flectere si nequeo superos Acheronta movebo. If God will not be Author and Patron of their Designs, the Devil shall; you see these Independents hang between God and the Devil, Michael and the Dragon, not resolved which part to take. Be it known unto all men by these presencs, 183. Parker the Observator. that Harry Parker the Observator is returned from Hamborough, and highly preferred to be Brewer's Clerk, (alias Secretary) to Cromwell; to whose Designs he hath prostituted his pen. There is lately come forth a Book of john Meltons' (a Libertine that thinketh his Wife a Manacle, 184. Meltons' Book, The tenure of Kings and Magistrates, etc. and his very Garters to be Shackles and Fetters to him: one that (after the Independent fashion) will be tied by no obligation to God or Man) wherein he undertaketh to prove, That it is lawful for any that have power to call to account, Depose, and put to Death wicked Kings and Tyrants (after due conviction) if the ordinary Magistrate neglect it. I hope than it is lawful to put to death wicked Cromwell's, Counsels of State; corrupt Factions in Parliament: for I know no prerogative that usurpation can bestow upon them. He likewise asserteth, That those, who of late, so much blame Deposing, are the men that did it themselves, (meaning the Presbyterians.) I shall invite some man of more leisure and abilities than myself to Answer these two Paradoxes: But shall first give him these cautions: 1. That for the Polemic part he turn all his Arguments into Syllogisms, and then he will find them to be all Fallacies, the froth of wit and fancy, not the Dictates of true and solid Reason. 2. That for the Historical or narative part he would throughly examine them, and he will find few of them consonant to the plumbline of truth. 3. That he would consider that from the beginning of this Parliament there were three Parties or Factions in it: 1. The Royalists. 2. The Presbyterians. 3. The Independents. For though they were not then notorious by that name, yet the Persons confederated were then extant and active; being a complication of all antimonarchical, anarchical heresies and schisms, Anabaptists, Brownists, Barrowists, Adamites, Familists, Libertines of all sorts; the true Heirs and Successors of john of Leyden and Knipperdalling in all their principles and practices united under the general Title of Independent: and these were originally the men that by their close insinuations, solicitations and actings began, and carried on the War against the KING, with an intent (from the beginning) to pull down Monarchy, and set up Anarchy, See the Mystery of the 2. Iunto's Presbyterian and Independent. notwithstanding the many Declarations, Remonstrances, abortive Treaties, Protestations, and Covenants to the contrary; which were Obligations (from time to time) extorted from them by the Presbyterians, although not strong enough to hold such subtle sampson's, whose strengths to break such Wythes lay not in their Bushes of Hair, but in the Ambushes of their Hearts, wherein there always lay hid some evasion, equivocation, or mental reservation, which, like a backdoor, gave them leave to make an escape. In the beginning almost of this Parl. the Independents (that is, the Schismatics) in the Parliament insisted openly upon it, to have the Papists in Ireland rooted out, and their Lands sold to Adventurers, and passing an Act to that purpose, necéssitated the Irish Papists to massacre the English Protestants; which was purposely done by the Independents, that both Papists and Protestants might destroy one another there, that they might the better subvert Protestancy in England, which is now in hand. And though it be true that the first General, the Earl of Essex was a Presbyterian, yet he was acted by Independents, as the L. Say, and others, of the like stamp; and had a clause in his Commission, [to forbear the KING'S Person:] which clause upon the Independents new modeling the Army under Fairfax was omitted at their especial instance. Monday, 18. june, 185. L. C. Lilburnes Book, [The Legal fundamental Liberties of the People, etc.] 1649. came forth that most useful Book of john Lilburnes, called, [The Legal fundamental Liberties of the People of England Revived, etc.] wherein he excellently well sets forth the new usurped tyranny of that Hydra of Nimrods' now subverting our Laws, Liberties, and Property, consuming us with illegal Taxes, Excise, Free quarter, Monopolies; and sharing Land, Money, Goods, and Offices amongst themselves, perpetuating an Army to enslave us, and overthrow the fundamental Government of this Nation, in order to which they have complied with and cheated all Interests, broken all their Obligations to God and Man; violated all the Laws of this Land, their own Protestations, Covenants, the Oaths of Allegiance, Supremacy, (which themselves caused the People to take) and their own Votes, Declarations, etc. The illegality of their late erected High Court of justice, and their unjust proceed therein, the tyranny and usurpation of the Council of State and Officers of the Army. And proveth, that Col: Prides new purged, new packed House, is neither a House of Commons, nor Parliament; their usurped Supreme Authority to be a mere nullity or fiction; and especially, That this Parlioment is clearly dissolved and ended, which he proveth by the Death of the King, and by many other solid Arguments; and therefore all their Actings to be void and null: with many other considerable passages, where he ingeniously confesseth, that being the King's Prisoner at Oxford, with many other of the Parliament Party, the King did strictly observe the Laws of the Land in His proceed against them, which this Parliament doth not do in any their most legal proceed, for all their pretended Engagements, Declarations, Votes, Protestations and Covenants to maintain and defend the Laws and Liberties of the People, Ergo, the King really, the Faction in Parliament but pretendedly fought for our Laws and Liberties. The Faction are now contriving to seize all the Tithes of the Kingdom into their own hands, 186. Tithes to be Sequestered for the State. (yet they are the Ministers ) and to make all the Ministers their stipendiary Lecturers; that they may preach and teach only such Doctrine to the people as may bring them under a blind and slavish obedience to our forty Tyrants of the new Council of State, presuming that all our Ministers carry their Consciences in their purses, because the Independents do so. Look to your ways Christian Brethren, you are likely hereafter to have Oracles of State obtruded upon you instead of the Oracles of God. If the Ministers will not parrot forth the new State's Do&trine to you, they shall be starved out of their Pulpits. 187. An Adjournment of this pretended Parliament considered of. The thing called a Parliament is now likely to have so general a purge as will leave neither life nor soul, dung nor guts, in the belly of it. K. Oliver (unwilling to go for Ireland, and leave them sitting, who may unvote all he hath compelled them to vote) hath commanded his journeymen to think of an Adjournment for some good time, that they may take the air, and grow wholesome again; and then (without some dire mischance) they never meet more: but this Supreme thing hath learned to use so much modesty to their Superiors, as to refer it to the Hogens Mogens, or Council of State, to consider what Votes and Acts they shall pass beforehand for establishing their Highnesses in their new Dominion; And when (out of their usurped Supreme Authority) they have conferred as much upon the Council of State as their ambitions aim at, they (good Boys) shall have leave to break up School and go into the Country to see their Friends, and visit their Foes: that is, all such as have full purses to be squeezed. Thus you see the method of Divine vengeance observes a Degradation: 1. Down went the King, and His Authority lapsed into the two Houses. 2. Down went the Peers House, and all Authority fell down into the Commons House. 3. Down goes the House of Commons, and the Supreme Authority translates itself into a Council of State. And (if my conjecture fail me not) 4. Down will go the Council of State, and all Authority be grasped into the iron hands of Campson Gaurus and his Mamaluchy, his Council of War, when they shall think fit to Act bare-faced without using a packed pecce of a Parliament or Council of State as a screen or vizard to cousin and befool the people. In order to which Government by the Sword, 188. Cromwell voted for Ireland with full power Civil and Military. Cromwell is voted to go into Ireland with his own confiding Officers and Army, with all power Civil and Military for 3 years: what doth this import less than that he is to be K. of Ireland? there to practise the first rudiments of Kings-craft, and when he hath enured those Semi-barbarians to a Military Government, he shall return with his janissaries and subdue the English to the like obedience: In the mean time his proporty Fairfax shall be under the observation of the Council of State here, and be, beleaguered both in his own house and Army with oliver's Creatures; and in this dishonourable fickle condition he shall have the vain honour to keep oliver's Regalia. (the Crown sitting upon one side like a Fool's Cap upon his Head) until he return, and shall then be called to account for all odious & unfortunate accidents that shall happen (for it is not for the Majesty of Oliver to bear the blame, although they fall out by Cromwell's own oversights, or God's anger upon him) thus Cromwell's shadow being removed, himself may take substantial and actual possession of the Throne which he already enjoys in all things but the Title. And then let all true Saints and Subjects cry out with me, God save K. Oliver and his brewing Vessels. The junto of Tituler Supremists at Westminster (especially so many as have not packed themselves into the Council of State) are very unwilling to quit their long-held Dominion, 189. 13 Bills enjoined to be passed by the Commons before Adjournment. and submit to their own Bastard brood, The Lords States at Whitehall; but there is no remedy, Oliver is resolved to unyoke his Cattle and turn them to grass; he knows they may unvote all they have voted at his command, if (during his absence in Ireland, or Scotland rather) a new emergent power should overawe them; the present fear being always most terrible to Cowards. But the Council of State hath set them their task, which they must speedily perform before they Adjourn, consisting of 13. Points: 1. That all Acts concerning the Loans of Moneys, Excise, Sequestrations, Goldsmiths-hall, Haberdashers-hall, Assessments for England and Ireland be passed. These reprobate Saints will sooner forget their God, than their Mammon, [money.] You see they mean to perpetuate our burdens, as well as their own Army; and domineer over us with an arbitrary, military tyranny for ever. 2. That an Act be passed for settling the Militia of the Nation. This amounts to a new invented Commission of Array (lawful for usurping Saints, though not for a lawful King) by virtue of which the scum and dregs of the people (base enough to associate with the Army) shall be Armed, and all men of quality & fortunes (unless such as owe their fortunes to their crimes) dis-armed. 3. Against exporting Wool and Fuller's Earth. Unless it be for the benefit of the Saints. 4. To prohibit exportation of Gold and Silver. The Saints have exported all our Gold already, and most of our Silver; and will never give over the Trade themselves though they prohibit others. But Gold and Silver are drawn out of Mines Royal, and belong to the Saints by their prerogative. 5. An Act to be passed for punishment of Revolted Sea men and Mariners. None against traitorous, tyrannous, thievish Saints. 6. An Act for relief of well-affected Tenants against Malignant Landlords; who having compounded for their Estates, rack their Tenants Rents, or turn them out of doors. This is a device: First, to make work for such Members as not being of the Council of State, would become as contemptible as they are hateful, being devested of all power to play the Tyrants after Adjournment. And secondly, to stir up all the Tenants of England (especially Schismatics) to combine with them; against their Landlords; and deprive them of the legal use of their Estates, and the benefit of their Compositions; for, to what purpose shall Gentlemen compound for their Estates, when they must let and set them at the discretion of domineering Committees, or Commissioners, conspiring with the high Shoes, to oppress, make a prey of, enslave and unspirit all the Nobility and Gentry of England here aimed at under the general Title of Malignants? oh Tyrants! keep your money Gentlemen, or turn it into iron and gunpowder. 7. An Act to suppress Malignant Pamphlets aspersing the present proceed of the Parliament, Council of State, and the Army, and prevent Printing as much as may be. This is to set Truth in the pillory, whilst her counterfsit, impudent lying and slandering sits in state in Parliament, Council of State, and Council of Officers, and rides trimphantly Coached into the City to Thanksgiving Devotions and Dinners. 8. That the Pulpits being as scandalous as the Press against their proceeding; they enjoin that a more strict course be taken to stop the mouths of the Preachers hereafter. 1 King. 18.17. You see how Ahab-like these Subverters of Church and Commonwealth, accuse our Prophets for troubling our Israel (being their own sin) and seek occasion to bring a spiritual as well as a corporal famine upon the Land, cutting off the staff of bread as well from our souls as bodies, by stopping the mouths of God's Messengers. But I hope they will remember the duty they own to the honour of him that sent them upon his Embassage to his people, and fearing God more than Man, every Man cry out to his own soul and conscience with S. Paul, 1 Cor. 9.16. Vae mihi si non praedicavero, Woe be to me if I do not Preach. 9 That an Act be passed that that clause of the Stat. 23 Eliz. 25 Eliz. 1 jac. against Sectaries should be repealed, that none may be questioned thereby in the vacancy of Parl. What is this but to pray in aid of Turks, Jews, Anabaptists of Munster, nay the Devil himself to join with them as they have already joined with Owen Roe Oneale, and his bloody massacring Irish Papists against the Protestant Religion, which was part of the design of the schismatical Party in Parliament in waging war against the King from the beginning. See §. 184. the Marginal Notes there. This impious Liberty of Conscience to destroy the Protestant Religion is all the liberty we are like to enjoy under the kingdom of these bloody cheating Saints, in all things else we are mere and absolute Slaves. 10. That an Act for a General Pardon be passed to all Persons except such as are particularly named therein, and declaring no Pardon to any that shall for the future raise War in this Nation against the present Authority thereof. This is a project, 1. To pardon themselves and their Party for their transcendent villinies, and to stop the mouths of the Country from complaining of them after their Adjournment, and this shall be effectually done, 2. To befool silly weak spirited People with general words of a Pardon which shall be made ineffectual by many exceptions and limitations. 3. This is principally intended to fright men from attempting any thing against the usurped Supremacy and Tyranny of the Council of State: and therefore all Pardons to such Attemptors are beforehand declared against. This with them (as a sin against the Holy Ghost) unpardonable; to deny their Supreme, arbitrary Authority. 11. That the Act for relief of poor Prisoners for Debt may be passed. Though I can with as much Charity as any Man wish a relief to them; yet I like not that Charity should be made a cloak to ambitious Knavery; and all the Creditors of the Kingdom be made liable to the vexation of a covetous Committee, who under colour of Charity shall raise up all the indebted Men of the Kingdom against all the moneyed Men, if they will not sacrifice their purses to the Ech-Gods of the new State, and be bountiful to the Committee; which is the full scope of this Proposition. 12. That the Soldiers may be secured their Arrears out of the late King's Lands. This is to tie all the Soldiery by the purse-strings (which is Saint's Tenure) to make good that horrid, traitorous Murder. 13. That an Act be passed for Probate of Wills, Granting Administrations, and Investing of Ministers presented. These lunatic Saints should have thought upon a new way to be set up before they throw down the old one, and not have left men in an uncertainty how to dispose of their Estates, and a justititum, a vacancy of justice upon the Kingdom: you see what Mountebanks our new State-Iuglers are. The good Boys began to learn these Lessons upon Monday, 25. june. 190. Things undertaken by the Council of State during the Recess. The Council of State likewise reported to their said Free-Shoole of Commons several things which they (in order to their future greatness) would put into a way during the Recess: against the Houses next meeting, when two Sundays come together. 1. That Commissioners be appointed in every County to make an estimate of all Tithes, to the end they may be taken away for the future, and some other provision designed for Ministers. This is a Whip and a Bell to lash Ministers to Preach State-Divinity. 2. That the Council of State consider of settling future Parliaments, and the constant time of their calling, sitting, and ending after this Parliament shall think fit to dissolve themselves. If they are not dissolved already, (which is the constant opinion of many great learned Lawyer's well-affected to the Parl.) they will never be dissolved without the help of a Hangman. But I would gladly know by what Authority a Pack of forty Knaves calling themselves a Council of State, and usurping Regal power shall take upon them to abolish our ancient form of Parliaments, contrary to the fundamental Laws of the Land, their own Declarations, Protestations and Covenants, and to pack and shuffle new Parliaments, to dispose of our Religion, Laws, Liberties, Lives and Estates, against the consent of the fare major part of the people. 3. That they shall consider of an Act for regulating Proceed in Law, and prevent tediousness of Suits. There are too many Lawyers in the Council of State to do any thing effectual that way; but it may be they will consider how to make the Laws of the Land more suitable to an Olygarchicall tyranny, and less agreeing with Monarchy. 4. That they will consider what Laws are fit to be repealed. That is, all Laws enjoining uniformity in God's Worship, all Monarchical Laws, and all Laws allowing more civil Liberty and Privileges to the People, and to several Degrees of men than squares with the Designs of our new upstart State. So many men have been cheated with Public Faith, 191. Deane and Chapters Lands purchased by the Godly. Irish Adventures, and Bishops Lands, that the Market is spoilt for sale of Deane and Chapters Lands, wherefore the Saints (being the only moneyed men left in the Kingdom) have now agreed to buy them themselves, considering, that since they hold their Heads and all that they have in Capite of their Lords Paramount, the Council of Officers, they may as well buy dog-cheap, and hold Bishops Lands by the same Tenure. For which purpose they have their Brokers abroad to buy in Soldiers and Officers Debentures for Arrears at 5 s. and 6 s. in the pound, though they are allowed the whole sums of the Debentures in the Purchase. which doubling in ready money they purchase upon such easy particulars as brings it down from ten year's purchase, to two or three years' purchase. They are not seen in the business themselves, but buy them in other men's names, and to the secret use of their Wives and Children. The Lord Munson, Humphrey Edwards, and Sir Greg: Norton, (who hath sold his own Land to purchase now upon this Title) and many other Saints have lately trod this obscure path. 192. Soldier's insolences remediless. Great complaints are made by the Country of the Soldier's insolency (amongst many other things) in putting their Horses into mowing Grass. The General hath ordered the next Officer in chief to cause double damages to be given by the Soldier; and if the said Officer neglect, he is to answer it at a Council of War at the Head Quarters. This remedy is worse than the disease, and as mere a gullery as the Act for taking off Freequarter. The chief Officer will laugh at the Complainant, the Head Quarters are fare off, and the Council of War will tire him with delays, and expose him to more injuries of the angry Soldiers. The Officers will not, nor dare not keep a strict discipline. 193. The Earl of Denbigh and Henry Martin referred to Committees. The Earl of Denbigh referred to the Committee of the Revenue to consider the Arrears of his Embassy in Italy, and of his 1000, Marks per ann. pension bestowed upon him by the late King. If his deserts had been better, his Reward had been worse. and worse paid. Also Henry Martius Losses and Arrears referred to the consideration of a Committee. If the Committee-would know what Harry hath lost, they must examine his Barber-Surgeon. Rowland wilson's Arrears and Losses, and the L. Gray's Charges and Arrears to be considered and reported: you see charity gins at home, and the Members exercise it (for the most part) in their own House. 194. The Council of State authorized to grant Letters of Marque. june 25. An Act passed, to enable the Council of State with absolute power to grant special and particular Letters of Marque or reprisal in the name of the Keepers of the Liberties of England by Authority of Parliament: what is this but to empower the Council of State to make war at Sea with all Princes and States at their discretion? they have already so fare decayed all the Trade of this Nation, that ere long Traffic 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 work for them by granting so many particular. Letters of Marque to all such as shall but pretend themselves wronged by Foreign Nations as will amount to a General practice and profession of Piracy, and turn England into a second Argires, whereby all Princes and States will be provoked to make a pyratical War upon England; as against a Den of Thiefs and Robbers, Common Enemies to Traffic and humane Society: as the Romans did under the Conduct of Pompey, against the Cilician, and other Asiatic Pirates. Captain Young hath blown 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 Sail to them) you may see what good Neighbourhood the Dutch are like to have of their younger brother State, when they are once settled and confirmed in their yet infant Government: even the very same which the Carthaginians found after the new erected Commonwealth of Rome grew up to maturity; which proved so dangerous a Competitor in point of power, profit, and honour, as buried the more ancient Free-State of Carthage in its Ruins. Free-states (especially Aristocracies) are very quarrelsome with their Neighbours, and never want many of their Patrician most potent Families ambitious to increase their own power and glory by Wars: and therefore seek occasions of quarrel 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 torn in pieces by its Free-states. The Commons have bestowed St. Crosses Hospital upon Cook for acting the part of an Attorney General against the late KING. It is fit every judas 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-council may not want venison to fill their Wives Bellies, nor they Browe Antlers to hang their Hats on. 197. Order 9 june, 1649. referring all secured and secluded Members to be examined before a Committee. The 9 june 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 entered 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 june 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 turn to recrute their thin House, and expel the rest: few repaired to them, and of those very few were chosen, the Speakers Son, Sir john Treavor (who hath a Monopoly of 1500 l. per annum, out of Newcastle Coals; for which he was many Months kept out of the House, and at last admitted (only 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 fare less number sitting and acting under the same force, be sent to attend a Committee, to stand with their Hats off to Holland, Scott, etc. 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 itself a Parliament) a mere packed junto to carry on forelaid Designs. Besides, to expect they should approve all that the sitting Party in the House had done in the absence of these non-sitting Members, who neither heard the Debate nor Reasons whereupon they grounded their Votes against the KING, and House of Peers, nor for the abolishing Monarchy, and turning it into a Free-state, erecting a Council of State for that purpose, voting the Supreme Authority to be in themselves, and many other matters of the like high nature, which have no place in the Laws of England; was such an imposition as neither agreed with the known Parliament Privileges, Liberty of Conscience, (so loudly professed by these sanctified Members which sit) nor with humane reason and sense. And at last to sit under those Armed Guards that put a force upon them (the 6. Decemb.) before; promised as little of safety, unless they would renounce their own Consciences and Act the wills of their janissaries and their Party; and would render them contemptible to all the world, especially to those men who put this insolency upon them. I formerly told you how unwilling the Members were to adjourn and resign their more than Kingly Power to the Council of State; 198. Articles of Impeachment against the Speaker, wherefore Cromwell finding he could not obtain that of them by a Vote, projected another way to work his Design, not the old way of a violent purge by securing and secluding the Members with his Myrmidons, 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, Council of State, and the General, in case they shall oppose oliver's Designs. that is already infamous, and would savour too grossly of the Power of the Sword; and would show Oliver to be rather a Quack-salving Doctor of Physic than a Doctor of the Civil Law. He caused the Council of Officers therefore to frame certain Articles of Impeachment against Mr. Lenthall their Speaker, as followeth: 1. FOr releasing out of Newgate 3 of the Queen's Priests and jesuits by his Warrant. 2. For maintaining and protecting several Spies and Agents for the late King within the Line of Communication during the late War. 3. For conveying divers remarkable Prisoners of War out of the Line of Communication unto the late King. 4. For assisting and protecting several Plotters on the behalf of the late King, to destroy the City of London. 5. For suffering above 30000 l. to be conveyed to the late King out of the Line of Communication, wittingly and willingly. 6. For sending Horses of War, with Men and Arms to the late King. 7. For holding an intercourse of Letters with the late King. 8. For maintaining and keeping an Agent in the Garrison of Oxford, for expediting the foregoing Treacheries. 9 For corrupting many Members of the Parliament, some lately excluded, and some now sitting in the House to conceal and smother the foregoing Treacheries. 10. For endeavouring to take away the Lives of several the Prosecutors and Witnesses unto the foregoing Treacheries. You see there is not one word in them of Cozening the Commonwealth, (which is now become the Private-wealth of every particular Saint) because this would have broken universally the whole communion of Saints, and would have set them all together by the ears, to defend themselves by recriminating one another: The device was, by taking off the Speaker, to Dissolve them; since they cannot by the Privileges of the House, choose themselves a new Speaker without the consent of a power higher than their own, (to wit) the KING's. And though they will be so much Masters of their own Privileges, as to coin new every day upon emergent occasions, yet those irregularities are always done under the power and protection of the Sword, which they could not expect against their own Visier Bassa Oliver. This trick being smelled out, was so highly resented, that it perished in the birth; only (I hear) the Speaker bled in private 15000 l. towards Olivers expedition. 199. 150000 l. Advance money for Cromwell's expedition. All the sinks of tyranny and oppression about the Town, the Committee of the Revenue, Goldsmith's hall, Haberdasher's hall, the Excise Office, etc. are all emptied into that Common-Sewer oliver's expedition into Ireland (or rather Scotland) or engaged as a security to furnish him with 150000 l. part whereof only he is accountable for; the residue is left to his discretion and conscience to buy Towns and Victories with, and to be offered upon an Altar to be erected Deo ignoto. At oliver's request, the House admitted Sir Edward Ford to compound upon the Articles of Oxon, notwithstanding his lapse of time; Ford married Ireton's Sister, and the Lord Culpeper's Son married Forde's Daughter. Observe how the General is lessened to advance Cromwell. 1. The Command of the Irish Forces taken from him, and Cromwell sent with a Higher power than ever any went with into that Nation. 2. All Soldiers that will are enabled to leave their Regiments and List under Cromwell so that the discontented and Levelling Party only are left under the Command of Fairfax. Col. Martin's Accounts brought into the House, 200. More Gifts to the Godly. 3. july. 1649. his Arrears came to 25000 l and 1000 l. per ann. Land ordered to be settled upon him and his Heirs. The Lord Grace of Grooby's Arrears for the last Summer only against Duke Hamilton, 1500 l. These things considered, I cannot wonder at the Petition presented to the General by Captain jubbs, The Moderate, from july 3. to july 10. 1649. in the name of Col. Huson's Regiment about july 6. wherein (amongst other things) they complain; That the House do Weekly bestow 1000 l. per an. upon themselves out of the public Treasury of the Nation, when as the Soldier's wants are great, and all the People are in great necessity, As if the dividing of the Army, 201. Endeavours to lessen the General. and putting the most confiding men under Cromwell, the taking the whole Command of Ireland from the General, and conferrirg it upon Cromwell, the drawing dry all Treasuries of Money to furnish Cromwell, and leaving no Money to content the General's remaining part of the Army, the turning the odium of seizing and secluding the Members, and Murdering the KING, upon the General, were not sufficient diminutions of the General, and augmentations of his Lieutenant General: The Welsh Counties are set on work to desire Harry Martin for their Commander in Chief; and the Western Garrisons (the most considerable of England) are to be taken from the General, and put into the hands of Cromwell and his Party, for his retreat from Ireland; so that if all this do not enable him to ruin the General, it will (at least) enable him to divide the Army, and cautonize the Kingdom, and turn the General into the dangers and troubles of the starving, forlorn, North Counties bordering upon Scotland And if Cromwell find Ireland too hard a Bone for him (it is thought) he will endeavour to surprise the Isle of Man, and from thence infested Scotland and Ireland. 202. An Inquisition for blood, an ingenious piece newly come to light. About the 18. july, 1649. was presented to the world an ingenious piece, entitled, [An Inquisition for Blood] to the Parliament, in statu quo nunc. And to the Army, Regnante: wherein the Author proves, That the KING dsd not take the guilt of Blood upon Himself by granting the Preambulatory Proposition in the late Treaty in the Isle of Wight, in these words, (viz;) That He acknowledged that the two Houses of Parliament were necessitated to undertake a War in their own just and lawful Defence, etc. And that therefore all Oaths, Declarations, or other public Instruments against the 2 Houses of Parliament, or any for adhering to them, etc. be Declared null, suppressed and forbidden. His Majesty in yielding to this Grant had reference to two ends: 1. To prepare the way to peace, which without this had been hopeless. 2. To secure & indemnify the two Houses, with all their Adherents, and rid them from those despairing fears and jealousies which made them adversaries to peace. For the words of this Preamble, they were not of His penning, He was not Author of them, but an Assentor to them: nor was He, or His Party accused or so much as mentioned in them. He made this Concession sub stricta novacula, when the Razor was (as it were) at His throat: 1. An Army of 3e000. Horse and Foot effective against Him. 2. When He was endangered and tired out with a long and close Imprisonment. 3. When many dangerous, menacing Petitions against His life, had been encouraged and entertained: so that the King may seem to have been necessitated to yield to this Grant for His own just and lawful Defence. His Majesty passed this Concession with these two Prouisoes: 1. That it should be of no validity until the whole Treaty were entirely consummated. 2. That He might, when He pleased enlarge & clear the truth with the reservedness of His meaning herein by public Declaration: Now the Treaty being powerfully carried on without Debate, or receiving any Proposition from the King, as was capitulated (and reciprocal Proposals are of the Essence of all Treaties) this Grant could never bind Him. This Grant was a mere Preambulatory Proposition not of the Essence of the Treaty. Philosophers and Schoolmen tell us, Proems to Laws are condemned by many Lawyers & Politicians. Est nihil frigidius Lege cum Prologo, jubeat lex, non suadet. No valid proof can be drawn out of Proems and Introductions, but out of the Body of the Text. So in the Laws of England, and in all Accusations and Charges, Prefaces and Preambles are not pleadable. They are the last in penning of Laws, lest in account, nor never had the force of Laws. There's not a syllable in this Preface which Repeals any former Law inflicting a Penalty upon such Subjects as bear or raise Arms against their KING: nor those Laws which (è contrario) exempts from punishment all Subjects adhering to the Person of the KING in any Cause or Quarrel. Whereas the said Preface saith, the two Houses were necessitated to make a War, etc. This may relate to a necessity à parte post, not à part ante, self-defence is the universal Law of nature, extending to all Creatures; it is, non Scripta sed, nata Lex. Therefore when the two Houses (or rather a schismatical Party in them) had brought upon themselves a necessity of Self-defence, By raising Tumults, etc. His Majesty was contented to acknowledge that necessity. If one Man assault anothar upon the Highway, and the Assailed furiously pursue the Assailant, putting him to the defensive part; the Assailant is now necessitated to fight in his own defence, although he drew that necessity upon himself, yet is he now excusable à posteriori, not à priori. And as Civilians say of clandestine Marriages, Quod fieri non debuit, factum valet; for multa sunt quae non nisi peracta approbantur. Lewis the 13. of France, had many Civil Wars with his own Subjects, amongst other Treaties to compose them, upon the Treaty of Lodun he was enforced to publish an Edict, approving of all that had been done by his Opposites as done for his service. The like Extenuations are not unusual at the close of Civil Wars; and the only use made of them was never other than to make the adverse Party more capable of pardon, to secure them against the brunt of the Laws, to salve their credits, and pave the way for an Act of Oblivion, and restore a settled peace; Peace and War, like Water and Ice, being apt to beget one another, But never was use made of such Grants to ruin the King that Granted them, or His Party. Thus having confuted that misprision, That the King by Granting that Introductory Proposition, had taken all the Blood upon His score: my Author having cleared his way to his farther Inquisition after Blood, proceeds, and tells you, Belw. Cap was the first that opened the Issue of Blood by entering England, and showing Subjects the way of representing Petitions to the King upon their Pikes points: That the Irish took their rise from him. And whereas occasion was taken to calumniate His Majesty for having a foreknowledge thereof (amongst many other convincing, Arguments to clear him) my Lord Macquire upon the Ladder, and another upon the Scaffold, did freely and clearly acquit Him. And (in regard great use was made of the Irish Rebellion to embitter the People against the King) the Author winds up the causes there of upon one bottom. Telling you. 1. They who complied with the Scots in their first and second Insurrection. 2. They who dismissed the Irish Commissioners (sent to present some grievances to the Parliament) with a short, unpolitique harsh Answer. 3. They who took off strafford's Head (the only Obstructor of that Rebellion) and afterwards retarded the Earl of Leicester's going into Ireland. 4. They who hindered part of the Disbanded Army of 8000. Men, raised by the Earl of Strafford, being Solders of Fortune, to go serve the Spaniard, as His Majesty had promised the two Spanish Ambassadors, the Marquesses of Velada and Maluezzi. which cashiered discontented men first put fire to the Tumult: They who did all this, are guilty of the Irish Rebellion, and of the Blood of above 10000 Protestants who perished in that War. Add, They who importuned the King (contrary to His judgement) to make the Irish desperate by passing an Act to confiscate their Estates, and grant them away to such as should advance moneys upon Irish Adventures. Touching the War kindled in England, the Author confesseth it was a fatal thing there should be a withdrawing of the King's Person from the Parliament. But averreth it was a barbarous thing that the King with above four parts in five of the Lords, and two parts in three of the Commons should be frighted away by Tumults raised by Venus and Burges, and a Design to seize the King's Person: yet its fit it should be remembered. 1. What reiterated Messages His Majesty sent, offering to return, if there might be a course taken to secure His Person, with those Peers and Commons rioted away, 2. That there was not the least motion towards War, until Hotham shut the Gates of Hull against the King, attended only with some few of His household Servants; which Act of his was approved of afterwards by the House of Commons Vote, as if he had done it by their warrant. 3. That a while after, there was an Army of 16000 men effective enrolled about London, to fetch Him to His Parliament, and remove ill Counselors, under the Earl of Essex, long before the King began to set up His Standard. 4. That the same Army so raised, to bring the King to His Parliament, was continued two years after to keep Him from His Parliament. 5. Who interdicted Trade first, and brought in Foreign Force to help them? and whose Commissions of War were near upon two year's date before the Kings. 6. That in all His Declarations, He always protested, He waged not War against the Parliament, but against some Seditious Members, against whom He could not obtain Common justice. 7. That upon all good Successes, the King still courted the Parliament and City to an Accommodation. 8. That upon the Treaty of Uxbridge, The King moved, that (to prepare men's minds to Peace) there might be freedom of Trade from Town to Town: Acessation of all Acts of Hostility for the time, that the inflammation being allayed, the wound might be cured the sooner. 9 That this present Army remember how often in their Proposals, and Declarations they protested, That their aim was, to restore His Majesty with Honour, Freedom, and Safety, whereunto they were formerly bound by their Protestation and Covenant; and that the two Commanders in Cbief pawned their Souls to Him thereupon. 10. That to settle Peace, the King did in effect, (by His Concessions) part with His Sword, Sceptre, and Crown, and every thing that was personal to Him. 11. With what admired Temper, Prudence, Constancy, He comported Himself in His Afflictions; and how many of His engaged Enemies became His Converts thereby, speaking Panegyrics in His praise. 12. That though there be some precedents in our Histories for Deposing Kings in point of Competition for the Crown; yet it is unexampled, That a King of England, of an undoubted Title, should be Summoned, Arraigned, Tried, Condemned, and Executed at His own Door, by His own Subjects; and by the Name of their King, to whom they had sworn Allegiance: Contrary to the Whole Current of the Law, which saith, The King can do no wrong, The Crown takes away all defects: Wherefore it was adjudged superfluous to take off Attainders, under which Hen. 7. and Queen Elizab. lay, because the Crown wiped off all Blots. Rex non habet Parem in suis Dominiis nec Superiorem, satis habet Rex ad paenam, quod Deum expectat ultorem. If therefore by the Laws of the Land, all men must be Tried by their Peers, and the King have no Peer, what power had these Men to Arraign their King? to be both His engaged Enemies, Accusors', and judges; and to Erect an unpresidented Tribunal, without the least Foundation in Law, with power, and purpose to condemn all that came before it; and that Sentence of Death should pass without conviction, or Law, against the Head, and Protector of all our Laws, and Fountain of justicc and Mercy. 13. That they who (by their own Confession) represent but the Common People; should assume power to cut him off, who immediately represented God. 203. M. pryn's excellent Book entitled, [A legal Vindication of the Liberties of England] Against illegal Taxes, and pretended Acts of Parliament abridged in part, but the whole commended to be seriously read by all men. About the same time Mr. William Pryn Assigned his Reasons, why he could neither in Conscience, Law, nor Prudence, voluntarily submit to pay the Arbitrary illegal Tax of 90000 l. a Month imposed upon the People, by a pretended Act of the Commons, bearing Date of 7 April 1649. towards the maintenance of Forces to be continued in England and Ireland. Because by the Fundamental Laws, and known Statutes of this Land, No Tax, etc. aught to be Imposed, or Leavyed, but by the Will, and common Assent of the Earls, Barons, Knights, Burgesses, Commons, and whole Realm, in a free, and full Parliament. See Magna Charta, 29. 30. Stat. 25 Edw. 1. chap. 5, 6. 34 Edw. 1. De Tallagio non concedendo, c. 1. 21. Edw, 3 Rot. Parl. nu. 16. 25 Edw 3. c. 8. 36 Edw. 3. Rot. Parl. nu. 26. 45 Edw. 3. Rot. Parl. nu. 42. 11 Hen. 4. Rot. Parl. nu. 10. 1 Rich. 3. c. 2. The Petition of Right, and Resolutions of both Houses against Loans, 3. Car. The Votes and Acts against Ship-money, Knighthood, Tonnage, and Poundage, and the Star-chamber this Parliament, 17, 18. Car. agreed to by Mr. William Hackwell in his Argument against Impositions. judge Hutton, and Crook, in their Arguments, Mr. Saint john in his Argument and Speech against Ship-money, with others Arguments and Discourses upon that subject. Sir. Edw. Cook. in his 2 Instit. pag. 59 60. 527, 528, 529. 532, 533. But this Assessment was not so legally imposed, Ergo, I, nor no man else aught to pay it. 1. This Tax was not imposed by any Parliament; The late Parliament being actual dissolved above two months before this pretended Act was passed for imposing it, by the Murder of the King. as is resolved by the Parliament. 1 Hen. 4. Rot. Parl. nu. 1. 4 Hen. 4. and 1 Hen. 5. Rot. Parl. nu. 26. Cooks 4. Institutes, p. 46. 4. Edw. 4. 44. 6. For the King being both the Beginning, End, and Foundation of Parliament, (according to Modus tenendi Parliamentum, and Sir Edw. Cook, 4. Instit. p. 3,) which are Summoned, and Constituted only by his Writ, the Writ is actually abated by bis Death. 1 Edw 6. c. 7. Cooks 7. Rep. 30. 31. Dyer 165. 4 Ed. 4. 43. 44. 1 Edw. 5. 1. Brook Commission, 19 21. It appears by the writs of Summons to the Lords, Quere, How a Parliament Summoned by the Writ of K. Charles I. and called Parliamentum nostrum ad tractandum nobiscum super arduis negotiis regni nostri, can be continued one and the same Parl. after the King's death that called it? and the Monarchy changed into a Common wealth? formally it cannot be the same, the King the Head thereof being gone. The Lord's House and Monarchy being abolished, and the State not the same? materially it cannot be the same, so many of the ancient Members being thrown out, and new ones unduly elected brought in. But there are some pragmatical Tailors in the House, who can make a garment fit for all states of the moon, and a Parl. fit for all changes of the State. (Crompt. jurisdiction of Courts, fol. 1. Cooks 4. Instit. p. 9 10.) and of Elections, and levying their Wages: That the Parliament was only Parliamentum nostrum, the Parliament of the Kings that's Dead, not of his Heirs and Successors, They are all Summoned to come to his Parliament to advise with him (nobiscum, not with his Heirs and Successors) of great and weighty Affairs concerning, Nos & Regnum nostrum, Him and his Kingdom, 5 Edw. 3. 6. part 2, Dors. Claus. Regist. fol. 192. 200. So the King being dead and his Writ, and Authority by which they were Summoned, and the end for which they were Called: Ad Tractandum ibidem nobiscum, super arduis negotiis nos & statum Regni nostri tangentibus; being thereby absolutely determined without any hope of revival: The Parliament is determined thereby, especially as to those who have Disinherited his Heirs and Successors, and Voted down Monarchy itself; and the Remnant now sitting are no longer Members of Parliament, as all judges, justices of the Peace, Sheriffs, made only by the King's Writ or Commission, and not by Patent, Cease, and become void by the King's death, for this very reason, because they are constituted, justitiarios & Vicecomites nostros ad pacem nostram, etc. custodiendum The King being dead, his Writs, and Commissions expire with Him. 4 Ed. 4. 43, 44. Brook, Office and Officer 25. Commission, 19 21. Dyer, 195. Cook 7 Rep. 30, 31. 1. Ed. 6. c. 7. Daltons' justice of Pace, chap. 3. pag. 13. Lambert, pag. 71. Object. If any object the Act of continuance of this Parliament, 17. Car. That this present Parliament shall not be dissolved unless it be by Act of Parliament to be passed for that purpose. Answ. It is Answered, That it is a Maxim in Law, That every Statute ought to be expounded according to the intent of those that made it, and the mischiefs it intended only to prevent. 4 Edw. 4. 12. 12 Edw. 4, 18. 1 Hen. 7. 12. 13. Plowdens Commis, fol. 369. Cooks 4. Institutes pag. 329. 330. Now the intent of the Makers of this Act, was not to prevent the Parliaments dissolution by the King's Death, (no way intimated in any Clause thereof, although it be a clear dissolution of it to all intents, not provided for by this Act) but by any Writ, or Proclamation of the Kings by his Regal Power, without the consent of both Houses, which I shall prove by the Arguments following. 1. From the principal occasion of making the said Act. The Commons in their Remonstrance, 15. Decemb. 1642. complain, That the King had dissolved all former Parliaments against approbation of both Houses of Parliament: wherefore to prevent the Dissolution, Prorogation, or Adjournment of this present Parl. by the King's Regal Power, after the Scots Army should be disbanded, and before the things mentioned in the Preamble could be effected, was the ground and occasion of this Law: and not any fear of Dissolving the Parliament by the King's death, Natural, or Violent, which is confessed by the Commons in the said Remonstrance, Exact Collect. pag. 5. 6. 14, 17. compared together, where they Affirm, The abrupt dissolution of this Parliament is prevented by another Bill, etc. In the Bill for continuance of this Parliament, there seems to be some restraint of the Royal power in Dissolving of Parliament; not to take it out of the Crown, but to suspend the execution of it for this time, and occasion only, which was so necessary for the Kings own Security, and the Public Peace, that without it we could not have undertaken any of those great Charges, but must have left both Armies to disorder, and confusion, etc. 2. The very Title of this Act [an Act to prevent inconveniencies which may happen by the untimely Adjourning, Proroguing, or Dissolution of this present Parliament] intimates as much, compared with the body of it, which provides as well against the Adjourning, or Proroguing without an Act, as against a Dissolution. Now the Parliament cannot be said to be Adjourned, or Prorogued untimely by the King's Death (which never Adjourned, or Prorogued any Parliament) but only by his Proclamation, Writ, or Royal Command to the Houses, or their Speaker executed during his life time. See Parl. Rolls, 6. Edw 3. 2. Rot. Parl. 3. 6. 5. Ric. 2. n. 64, 65. 11. Ric. 2 nu. 14, 16, 20. S Hen. 4. nu. 2. 7. 27 Hen. 6. nu. 12. 28 Hen. 6. nu. 8. 9 11. 29. Hen. 6. nu. 10. 11. 31 Hen. 6. nu. 22, 30, 49. and Cook: 4. Instit. p. 25. Dyer fol. 203. 3. The Prologue of the Act implies as much, whereas great sums of Money must of necessity be speedily advanced for relief of His Majesty's Army (not his Heir or Successor) and for supplying other His Majesties (not his Heirs, nor Successors) occasions, which cannot be so timely effected, as is requisite, without credit for raising the said moneys; which Credit cannot be attained until such Obstacles be first removed, as are occasioned by Fears and Jealousies; That this Parliament may be Adjourned, Prorogued, or Dissolved, before justice shall be duly executed upon Delinquents (then in being, as Strafford, Canterbury, not since made) Public Grievances (then complained of, as Star-chamber, High-commission, Ship-money, Knighthood Money, Tonnage, and Poundage, etc.) redressed: Peace concluded between the two Nations, sufficient provisions made for repayment of the said moneys (not others since) so to be raised. All which expressions related only to His late Majesty, as to His Acts of Royal Power, not to His Heirs and Successors, after His Natural (much less) Violent death, which was not then thought on, but publicly Detested, and Protested against; no Man being so hardy as to mention it for fear of the Law, not then subdued by the Sword; And the several Principal Scopes of this Act are fully satisfied long before the late King's Death. 4. It is clear by the Body of this Act; And be it declared, etc. That this present Parliament, etc. Shall not be dissolved, unless it be by Act of Parliament to be passed for that purpose; nor shall at any time, or times during this present Parliament, be Adjourned, or Prorogued, unless it be by Act of Parliament to be passed for that purpose; and that the House of Peers shall not at any time, or times, during this present Parliament, be Adjourned, unless it be by themselves, or by their own Order. And in like manner, That the House of Commons shall not at any time, or times be Adjourned, etc. as aforesaid. From whence it is undeniable. 1. That this Act was only to prevent untimely Dissolving, Proroguing, and Adjourning of that present Parliament then Assembled, and no other, by Acts of Royal Power. 2. That the King was the Principal Estate, and Member, yea, our Sovereign Lord, the sole Declarer, and Enacter of this Law, by Assent of the Lords and Commons. 3. That neither this Act, nor any other, for Dissolving, Proroguing, or Adjourning this Parl. could be made without the King's Royal Assent, which the Lords and Commons in their Remonstrance, 26. May, 1642. often acknowledge, together with His Negative Voice to Bills, exact Collect. p. 69. 70. 736. 709. 722. 4. That it was not the King's intent in passing this Act to shut Himself out of Parliament, or create Members of Parliament without a King, as He professeth, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, c. 5. Nor the Lords and Commons intent to This member Him from His Parliament, and make themselves a Parliament without Him, as their said Remonstrance testifies; and the words of the Act import, much less was it their intent to pack a Parliament of 40. or 50. Commons only, selected by Colonel Pride, to Vote according to the Dictates of a Council of War, after they had destroyed the King, and House of Peers: Against which transcendent usurpation this very Act provides, That the House of Peers shall not be so much as Adjourned, or Prorogued, but by themselves, or their own Order. 5. Neither did the King, Lords, and Commons, in passing this Act intent, That by Murdering the King, Abolishing the House of Lords, and expelling by power of the Sword eight parts of ten of the Commons, the remaining Faction should constitute themselves, their Heirs and Successors, a Perpetual Parliament, It is against the nature, and essence of a Parl. to be Perpetual, and against the Liberty of the People. which would Cross, and Repeal the Act for a Tryenniall Parliament made on the same day in Law. Brook, Parliament 80. Relation 85. Dyer 85. 6. The last Clause of this Act concludes as much. And that all, and every thing, or things whatsoever done, or to be done (to wit, by the King; or His Authority) for the Adjournment, Proroguing, or Dissolving of this Parliament, contrary to this present Act, shall be utterly void and of none effect. Now Death of the King, and Dissolution of this Parliament thereby cannot properly be styled a thing done, or to be done by the King, if by those Words (things done, or to be done for the dissolving, etc.) they shall say, they related to the King's Natural Death; Natural Death is the Act of God, which these Saints cannot make void, if they related to His violent Death, it could not then be said a thing done, or to be done for the unlawfulness, and injustice of it. This Act passed long before any War, or Blood shed; The only pretence they have since found out for the King's Murder. 2. If this Parliament were not Dissolved by the King's Death, Yet the House of Peers (formerly Voted) down by the Commons, gave no consent the passing this Act, Entitled, An Act of the House of Commons; who, without the concurring Assent of the Lords, and the King's Royal Assent, have no power to pass any Act, Make, or Declare any Law, or impose any Tax, as appears by the forerecited Acts; The Petition of Right, The Act for the Triennial Parliament, and this very Act against Dissolving, Proroguing, etc. with all our Printed Statutes, Parliament Rolls, and Law-Bookes. The Commons being so fare from claiming the sole Legislative Power heretofore, as that they were not Summoned to our Ancient Parliaments, (which consisted only of King, Lords, Temporal and Spiritual) until 45 Hen. 3. nor had they so much as a House of Commons, or Speaker, until the Reign of Edw. 3. nor never tendered any Acts, or Bills to the King, but Petitions only of Grievances, until long after Rich. 2. time. See the Printed Prologues to the Stat. 1, 4. 5, 9, 10. 20. 23. 36. 37. 50. Edw. 3. 1 Ric. 2. 1. 2. 4. 5. 7. 9 11. 13 Hen. 4. 1. 2. 3. 4. 8. 9 Hen. 5. 1, 2, 3, 4, 6, 8, 9, 10, 11, 14, 15. 28, 29, 39 Hen. 6. 1, 4, 7, 8, 12, 17, 22 Edw. 4. 1 Rich. 3. 3. But suppose the Commons alone had power to impose Taxes, yet it must be in a full, and free House: whereas, when this Act for 90000 l. a Month passed, the House was neither Full, nor Free, The Major part of the House (who by Law are the House) to wit, 8. parts of 10. at the least, being Secured, or Secluded by Col. Pride, and his Soldiers, by Confederacy with those 40. or 50. then sitting when this Act passed, and acting the Wills of the Council of Officers, to the subversion of Parliaments, and the great wrong of those Counties and Burroughs for which they served. Object. If it be objected, that by usage of Parliament, 40. Members make a House of Commons. Answ. 1. I Answer, not to all intents and purposes; Not to grant Subsidies, nor pass Laws, or matters of greatest moment, Modus tenendi Parl. Cooks 4. Instit. pag. 1. 2. 26. 35. 36. Cromptons' Iurisd. of Couts, fol. 1. 39 Edw. 3. 7. Brook, Parl. 27. 1. jac. c. 1. 2. 40, Members make not a House, when the rest are Excluded by force without Doors, and fraud of their Fellow-members within Doors, on purpose, that (being the Major number) they may not over-vote them. The Commons not having power to expel any of their Members, without consent of King and Lords, in whom only the judicial power. Paribus in Pares non est Potestas, Claus. Dors. 7 Rich. 2. M. 27, Seldens Title of Honour, pag. 737. Baron Camoyes case discharged by the King's Writ, and judgement from serving amongst the Commons, because a Peer of the Realm: The practice for Members to Expel, and Sequester their Fellow-members, being a late dangerous innovation, to pack a Factious Conventicle instead of a Parliament. If the King should send forth no more Writs than would Summon 40. or 50. Commons, it were no House. Added by the Abridger. So M. Pryn concludes; That if he should voluntarily submit to pay this Tax, by virtue of the said pretended Act of Parliament, Dated 7. April, 1649. made by those now sitting, (some of whose Elections have been Voted void, others of them Elected by new Illegal Writs, under a new kind of Seal, since the King's Beheading; as the Earl of Pembroke, and Lord Edward Howard, uncapable of being Knights, or Burgesses by the Common Law because Peers of the Realm, as was adjudged in the Lord Camoyes case, Claus. Dor. 7 Rich. 2. M. 32. and asserted by Mr. Seldens Titles of Honour, Part 2. chap. 5. pag. 735. Seconded by Cooks 4. Instit. pag. 1. 4. 5. 46. 47. 49.) As he should admit those to be lawful Members, so he should assent to ex post facto, some particulars against his Knowledge, and against the Oaths of Allegiance, Supremacy, Protestation, Solemn League and Covenant, taken in the presence of God, with a sincere heart, and real intention to perform the same; and persevere therein all the days of his life, without suffering himself directly, or indirectly, by whatsoever Combination, Persuasion or Terror to be withdrawn therefrom. As for example, he should thereby acknowledge, contrary to his knowledge, and the said Oaths and Covenant. 1. That there may be, and now is, a lawful Parliament of England, actually in being, and legally continuing after the King's Death, consisting only of a few late Members of the Commons House, without either King, Lords, or most of their fellow Members. 2. That this Parliament sitting under a force, (and so unduly Constituted, and packed by power of an Army combining with them) hath just, and lawful Authority. 1. To Violate the Privileges, Rights, Freedoms, Customs, and alter the Constitution of our Parliaments themselves. 2. To Imprison, Seclude and Expel most of their fellow Members (the fare Major part of the House) for Voting according to their Consciencies, (in favour of Peace, and settlement of the Commonwealth) 3. To Repeal all Votes, Ordinances, and Acts of Parliament they please. 4. To Erect new Arbitrary Courts of War and justice. 5. To Arraign, Condemn, and Execute the King himself, with the Peers, and Commons of this Realm, by a new kind of Martial Law, contrary to Magna Charta, The Petition of Right, 3. Car. and the known Laws of the Land. 6. To Disinherit the King's Posterity of the Crown. 7. To éxtirpate Monarchy, and the whole House of Peers. 8. To Change, and Subvert the Ancient Government, Seales, Laws, Writs, Legal proceed, Courts, and Coin of the Kingdom. 9 To Sell, and Dispose of all the Lands, Revenues, jewels, Goods of the Crown, with the Lands of Deans and Chapters, (for their own advantage, not the easing of the People from Taxes.) 10. To absolve themselves (by a Papal kind of Power) and all the Subjects of England and Ireland, from all the Oaths and Engagements they have made to the King's Majesty, His Heirs and Successors; yea, from the very Oath of Allegiance, notwithstanding this express Clause in it (fit to be laid to Heart by all Conscientious Christians) I do believe, and in Conscience am resolved, That neither the Pope, nor any Person whatsoever, hath power to absolve me of this Oath, or any part thereof, which I acknowledge by good and full Authority to be lawfully Minstred to me; and do renounce all Pardons, and Dispensations to the contrary. 11. To dispense with our Protestation and Covenant so Zealously enjoined by both Houses on all sorts of People. 12. To dispose of the Forts, Ships, Forces, Offices, and places of Honour, Power, Trust, or Profit, to whom they please, (to their own Party.) 13. To Displace, and Remove whom they please from their Offices, Trusts, Pensions, Callings and Franchises at their pleasures, without any Legal cause, or Trial. 14. To make what New Acts, Laws, and Reverse what Old ones they think meet, to ensnare, and enthral our Consciences, Estates, Liberties, and Lives. 15. To create new monstrous Treasons never heard of before; and to declare Real Treasons against the King, Kingdom and Parliament to be no Treasons; and Loyalty, Allegiance, due obedience to our known Laws, and a Conscientious observing our Oaths of Allegiance and Supremacy, and the Covenant, to be no less than High Treason: for which they may take away our Lives, and confiscate our Estates to their new Exchequer. Thereby at once repealing Magna Charta. c. 29. 5 Edw, 3. c. 6. 25 Edw. 3. c. 4. 28 Edw. 3. c. 3. 37 Edw. 3. c. 18. 42 Edw. 3. c. 3. 25. Edw. 3. c. 2. 11 Rich. 2. c. 4. 1 Hen. 4. c. 10. 2 Hen. 4. Rot. Parl. 11. n. 60. 1 Edw. 6. c. 12. 1. M. c. 1. The Petition of Right 3 Car. So much commended this Parliament, and laying all our Laws, Liberties, Estates, and Lives waste, after they have drawn so much Blood and Treasure from us, in defence of them. 16. To raise, and keep up what forces by Land and Sea they please, and impose what Taxes they please, and renew, increase, and perpetuate them to support their more than Regal or Parliamentary power. 17. To pack, and shuffle themselves into a Council of Lords, This 17. is added by the Abridger. State's General (without any provincial States) 40. Hogens Mogens, with Supreme, Regal, and Arbitrary power, in absence of Parliaments which are Abolished by these Usurpations as well as Monarchy. 4. The principal ends proposed in the pretend Act for imposing this 90000 l. a month's Tax, oblige all men not to pay it, viz. The keeping up this Army under the Lord Fairfax. 1. Because this Army, by Rebelling against their Masters, the Parliament, and waging War upon them: and by conspiring with their own party of the sitting Commons, have occasioned all the Mischiefs last mentioned, to the ruin of King, Parliament, and Kingdom, Religion, Laws, Liberty, and Property; and daily threaten an utter dissolution, both in their Deeds, and Words. Both Officers and Soldiers Boasting, That the whole Kingdom, and all we have is theirs by Conquests; Tbat we are but their Conquered Slaves and Vassals, and they Lords of the Kingdom, That our Lives are at their Mercy and Courtesy; That when they have gotten all we have from us by Taxes and Freequarter, they will seize our Lands, and turn Us, and our Families out of Doors: That there is no Law in England but the Sword (as Hugh Peter, the Rebel's Apostle saith) The present power must be obeyed, (saith parasitical john Goodwin) that is the power of the Sword still. More hath been raised by Taxes these last eight years, then in all the Kings Reigns since the Conquest, and no account given. 2. No Tax ought to be imposed but upon necessity, for good of the People, 25 Edw. 1. chap. 6, Cooks 2. Instit. pag. 528. But the keeping up this Army is the Bane of the People. 1. Because they are already exhausted with War Plunder, Taxes, Freequarter, etc. 2. Because the Soldiers have decayed Trade, and brought a Dearth upon the Land. 3. This Tax of 90000 l. a Month destroyed Trade, by Forestall, and Engrossing most of the Money now left in the Kingdom. 4. There is no Enemy in the Kingdom visible, nor no fear of any, if we will believe our Grandees. 5. When the King had two Armies in the Field, and many Garrisons, this whole Army consisted but of 22000. Men, and had an Established pay but of 45000 l. a Month. See Ordinances. 15. Feb. 1644. and 6. April 1646. Exact Collect. pag. 599. 876. But when the Army (by confederacy with their Party in the House) took the boldness to increase their number without Order, 60000 l. a Month was thought abundantly sufficient to pay the Army, and take off Freequarter: and why this Tax should now be raised to 90000 l. a Month, when sundry Regiments of it are Assigned for Ireland, and yet Freequarter continued, is a mystery of Iniquity which fills the Saints Pockets with Money, and all the World with Wonder. 6. The Counties Militia (so much contended for with the King) would better defend the Kingdom from Foreign Invasions than a Mercenary Army. Therefore there is neither necessity, nor public utility in keeping up this Army, or raising Taxes to maintain them, or pay their pretended Arrears. The Freequarter they have taken in kind, and leavyed in Money, will triple their Arreeres, and make them much indebted to the Country. Thus fare (and much farther) Master Pryn, whose whole Book at large I commend to all men's serious perusal. The marquis of Ormonds happy achievements in Ireland beginning to look formidably, 204. Cromwell sets sail for Ireland. had cooled the hcat of K. oliver's courage) though not of his Liver) insomuch that he and his intimate Friends began to project how (without loss of reputation) to take him off from so desperate an Engagement, as (at that time) that seemed to be: unnecessary delays were used in Shipping his Men. Hasterigge and his Party reported great terrors from Scotland. Oliver and his Bloodhounds of the Faction made a shift to smell out a silly Plot in for surprisal of Weymouth and Portland for the KING: now laughed at, and exploded by their own New-books. And the tender-conscienced Brethren were prompted to apprehend their own dangers, and put into a Petitioning posture, That such a Worthy of Israel, such a chosen Instrument of God's mercy, might not in a time of danger leave the Land of his Nativity, the Habitation of the Saints, to seek foreign adventures in a Heathen Land: Whilst these preparations were making to withdraw oliver's stake, he appeared not openly in them, but making more show of the Lion's skin than the Foxes, had written to Col. jones how heartless his Soldiers were, and that unless jones did by some successful Sally lessen their terror, he should not be able to get them on Shipboard. This was (like the Monkey) to rake Chesse-nuts out of the fire with the Cat's foot; to take a presage of his own success at Col. jones hazard. jones makes an attempt with better luck than he expected, though not with half so good success as was reported. Saturday, 12. August, when the news first came to Town, (the Lion is not so terrible as he is painted) it is a peculiar privilege of the Saints to lie (without sin, or at least, without imputation of sin) for the good Cause, either in Re, or in mode Rei; in the matter, or manner; in the thing, or the extent thereof: yet this success was enough to invite Cromwell over to pursue the Victory, and partake of the spoils, if not to usurp the whole Honour of the Achievement to himself, by his accustomed special prerogative. So upon the 16, or 17. of August, K. Nol set sail towards his new Principality, carrying (contrary to the custom of the Sea) his Lantern in his Proawe, not in his Poop; where we will leave him for the present to his adventures. 205. The Association between Oneale and C. Monk. See the Paper at large. I have formerly hinted to you the Agreement made between Colonel, Monk, in behalf of the Parliament of England; and Owen Roe Oneale, the massacring Irish Rebel: I have now occasion to speak more at large of it, and examine the truth of a Paper, called, [The true state of the Transactions of Col. George Monk with Owen Roe Oneale, as it was reported to the Parliament by the Council of State, etc.] Printed by Edward Husbands, 15. August, 1649. The said Agreement made between the antimonarchical Independent Party in Ireland, and the massacring antimonarchical Popish Party under Owen Roe Oneale (being a mere conspiracy to root out Monarchy and Protestancy: first, in Ireland, and then in England: and a second crucifying of Christ in his members between two Thiefs, the schismatic and the Papist) was so generally abhorred by the English Soldiery, that many there took occasion to forsake the English Parliament; and many here disbanded rather than they would accompany Cromwell in so wicked an expedition. Wherefore Cromwell writ Letters to his Creatures of the Council of State by Monk himself, complainig how much the miscarriage of that Agreement had retarded his said Voyage; desiring them (for satisfaction of the Soldiery and People) to Treat with Monk to take the whole business upon himself, and to clear the Council of State, the Parliament, and Cromwell himself, from having any hand at all in it, which upon Terms of safety and advantage (he said) he already found him inclinable to do. The better to carry on the scene, this Agreement was with much heat of zeal complained of in the Apocryphal House of Commons by a Brother who had his cue beforehand, and by the juncto was referred to the Council of State as was forelaid, where their High and Mightinesses (after some private conference with Monk to accommodate the business) voted their dislike of it: Scot having studied the Politics in a Brewer's Tally, is become a great Statesman in our new Babel. See the said Paper, The true state, etc. Bradshaw reprehending Monk in jest therefore. And at last they Ordered, That the whole business, with Monk's Reasons for his justification should be reported by Thomas Scot to the House of Commons: which was accordingly done Upon Friday, 10. August, Monk was called in to the Bar, where (amongst other things) the Speaker asked him, What Persons he meant in his Letter to the L. Lieutenant of Ireland; wherein he saith, He made the Agreement with Oneale with the advice of some others? Monk answered, that he did it upon his own score, without advice of any other Person; only having discourse with Col. jones: jones told him, if he could keep Owen Roe and Ormond from joining, it would be a good service. This Answer (such as it is) was taken for Satisfactory in so Comic an Interlude. The next demand was, Whether he had any advice or Directions from the Parliament, Council of State, Lord Lieutenant of Ireland, or any other Person here to do the same? which he did expressly deny, saying, he did it upon his own score. Hereupon the House voted as followeth: Resolved, etc. That this House doth utterly disapprove of the proceed of Col. Monk in the Treaty and Cessation (as they please to call it) made between him and Owen Roe Oneale, and that this House doth detest the thoughts of any closing with any Party of Popish Rebels there, who have had their hands in shedding English blood. Nevertheless the House being satisfied that what the said Col. Monk did therein, was, in his apprehension necessary for the preservation of the Parliament of England's Interest: That the House is content the further consideration thereof; as to him, be laid aside, and shall not at any time hereafter be called in question, So exit Monk, and the Play was done; wherein take notice of these following Observations: 1. The Army's Doctrine, See the Answer of the Council of Officers to the Parliaments Demand, concerning their secured Members: And their Answer thereto. and use of apprehended necessity and good intentions to justify evil actions; approved of by this example of the Parliament (as they will be called.) 2. This Agreement (though it were at least twelve Weeks ago publicly known in England; and divulged in their own Licenced Newes-bookes) was never scrupled until now: That 1. the said Agreement was expired. 2. That Oneale was so beaten by the Lord Inchiquine, that he is (as their own Newes-books say) inconsiderable, and must suddenly join with the marquis of Ormond, or be destroyed. 3. That these Votes call this * Let me not seem overbold in maintaining a different opinion, since Parliaments are no more infallible than Popes; and all humane opinions are equal unless Reason make the difference. I hope we have not lost our Reason with our Laws and Liberties, nor the exercise and use of it. Agreement but a Treaty and Cessation of Arms; which (I affirm) to be a League Defensive and Offensive against Ormond, Inchiquine, and all that do and shall uphold Monarchy (if not Protestancy too) for these Reasons: 1. Article second saith, Tbat upon all occasions both Parties be ready with their Forces to assist one another until a more absolute Agreement be made and condescended unto by the Parliament of England. This is beyond a Cessation. 2. Article third, saith, That the Creaghts of Ulster residing within the Quarters of Col. Monk, shall pay Contribution to General Owen Oneale. This is a Concession of a great latitude fare beyond the authority of any subordinate Commander or General, and against the Laws and Liberties of the Land to grant Taxes. It should seem by this, that Oneale and his Army, were become Mercenaries, taken into pay by Monk 3. Article fourth, saith. That if General Owen Oneale shall happen to fight against the Forces under the Command of the marquis of Ormond, the Lord Inchiquine, or any other Enemies of the Parliament of England, and thereby spend his Ammunition, if he be near unto my Quarters, and be distressed for want of Ammunition, I shall then furnish him. This was actually performed when my Lord Inchiquine Besieged Dundalke. I make the same interpretation of this Article that I have made of the third. 4. The fifth Article alloweth to Oneale the use of any Harbours within Col. Monks liberty; which likewise is too much for a bare Cessation or Truce. 4. Who can believe that any subordinate Officer commissionated to prosecute a War against Owen Roe and the rest in Arms in that Kingdom, should dare to Treat and conclude an Agreement and conjunction with that very Enemy he had Commission to fight against without the knowledge and Directions (public or private) of those from or under whom he hath his Authority; and should be so bold when he had done to come over and justify his said do, notwithstanding they proved unprosperous? Col. Monk being so much a Soldier as to know, That (all the world over) to exceed the bounds of his Commission (much more to act against his Commission, as in this case) is assured death without mercy, both by the Law Marshal, (without which Military Discipline will perish) and by the Laws of our Land. See the said Letter printed at the latter end of a Relation of the securing and secluding of the Members by the Army. 5. Wherefore was Sir john Winter and Sir Kenelm Digby sent for over? (as was foretold by an intercepted Letter, where of I have formerly spoken) and O Realy the Pope's Irish Agent, and another Agent from Owen Roe O Neale privately entertained in England (as I have formerly hinted) but to drive on Treaties and Associations of this nature? insomuch that long since it was whispered amongst Cromwel's party in England (to uphold their Spirits) That upon his showing himself in Arms in Ireland, Ormonds' Catholic Irish party would all forsake him and go over to O Neale, who maintained the Pope's Interest in that Kingdom. The aforesaid Paper printed by Authority, and styled, The true State of the Tronsactions, etc. besides the said Articles of Cessation. Nota. setteth down other Articles, called. The PROPOSITIONS of General Owen O Noale, the Lords, Gentry, and Commons of the confederate Catholics of ULSTER: To the most High and most Honourable, The PARLIAMENT of ENGLAND. 1. INprimis. That such as are already joined, or shall within the space of three Months join with General Owen O Neale, [within the space of three months'] is not in the said Copy printed at Cork. in the service of the Parliament of England, in this Kingdom, as well Clergy as others, may have all Laws and Penalties against their Religion and its Professors, taken off by Act of Parliament, and that Act to extend to the said Parties, their Heirs and Successors for ever, while they Loyally serve the Parliament of England. 2. The said General O Neale desireth an Act of Oblivion to be passed, to extend to all and every of his Party, for all things done since the beginning of the Year, 1641. 3. They desire that General Owen O Neale be provided with a Competent Command in the Army befitting his worth and quality. 4. They desire that they may enjoy all the Lands that were, or aught to be in their, or their Ancestors possession. 5. That all incapacity, inability, and distrust hitherto by Act of State, or otherwise, against the said Party, be taken off. 6. That on both sides all jealousies, hate and aversion, be laid aside: Unity, love and amity, be renewed and practised between both Parties. 7. That General Owen O Neale may be restored and put in possession of his a Ancestors, not Successors: a fault of the Printers. Successors Estates, or some Estates equivalent to it in the Counties of Tyrone, Ardmarch, or Londondery, in regard of his merit, and the good service that he shall perform in the Parliament of England's Service, in the preservation of their interest in this Kingdom. 8. That the Army belonging to General Owen O Neale and his Party be provided for, in all points as the rest of the Army shall be. 9 That the said Party be provided with, and possessed of a convenient Seaport in the Province of Ulster. I do, upon receiving a confirmation of these Propositions, forthwith undertake and promise in behalf of myself, and the whole Party under my Command, faithfully and firmly adhere to the Service of the Parliament of England in this Kingdom, and maintain their Interest hereafter, with the hazard of our lives and fortunes: In witness whereof, I have hereunto put my Hand and Seal this 8. day of May, An. Dom. 1649. Signed Owen O Neale. Thus fare the said Paper, styled, [The true State, etc.] goes on with the Relation of the said Treaty and Agreement, but conceals what farther Transactions passed between Monk and O Neale upon the last recited Propositions; Wherefore I shall be bold to continue the Story out of a Paper, entitled, [The Propositions of Owen Roe O Neale sent to Col. Monk, The Story of the farther Transactions between O Neale and Monk continued and enlarged out of the Propositions, printed at Cork. and a Cessation for three Months concluded between them. Together with a Letter thereupon sent by a Gentleman at Dundalke, to his Friend at Cork. Printed at Cork 1649.] The last recited Propositions were sent to Monk, 25. day of April, 1649. who perused them, and made some inconsiderable alterations in them, as appears by Monks Letter of Answer thereupon to Owen O Neale, dated from Dundalke, 26. April, 1649. as I find it in the said Paper printed at Cork, in these words: SIR. I Have received your of the 25. April, and I have seen your Order given to Captain Hugh Mac Patrick Mac Mahon to Treat and Conclude a Peace with me in the behalf of yourself and the Forces under your Command. I have perused your Propositions, and conceiving there are some particulars in them which at first view the Parliament of England may scruple to grant, I have made a small alteration in some of them, being well assured, by it, you will not receive the least disadvantage, but it will rather prove a means to beget an increase of their good opinion towards you and your Patry: which I believe your reality, fidelity, and action in their Service will sufficiently merit, and in case you approve of them, as I have revised and altered them, I desire you to send them to me Signed and Sealed by you, that I may present them to the Parliament of England, to obtain their favourable Answer in return of them: And in the mean time I desire that according to this enclosed Paper, three months' Cessation between us be condescended unto, and inviolably kept between our Forces during the same time. Dundalke, 26. April, 1649. Gorge Monk. 1. Observations upon Monks Letter. 1. Col. Monk in his said Letter to O Neale, 26. April, answereth him: 1. That he had perused his Proposition, and conceiving there are some Particulars which at first view the Parliament of England may scruple to grant, etc. A gentle Phrase to nourish hopes in O Neale even of obtaining all his Demands (if need be) upon debate and deliberation; though not at first view. That he hath made a small Alteration in some of them (I confess very small) being will assured be should not receive the least disadvantage by it, etc. From whom had Monk this Assurance, unless from those Men by whose Authority and Directions (private or public) he presumed to Treat with that Enemy he was Commissioned to fight with, and whose Names he doth conceal? That it (yielding to Monks amendments would rather prove a means to beget an increase of their (the Parliaments) good opinion of Owen Roe O Neale and his Party, etc. It should seem then the Parliament had entertained a good opinion of O Neale and his Party before hand; for every thing must have a being, before it can have an increase of being. In case you approve of them (the amended Articles) I desire you to send them to me Signed and Sealed by you, that I may present them to the Parliament of England to obtain their favourable Answer in return of them, etc. You see all Monk did was in reference to the Parliaments ratification: and therefore reason tells us the Parliament was originally privy to the Treaty: It is not likely Monk should Treat upon his own head, and abruptly send the result of the Treaty to be confirmed by the Parliament without any warning foregoing to prepare them. 2. Observations upon the Propositions amended. See the said Paper printed at Cork, especially Monks Letter. O Neale sent his Letter and Propositions to Monk, Dated 25. April, 1649. Monk answered his Letter and corrected O Neales' Propositions the day after, being the 26. April. And the last mentioned▪ Propositions of Gen: Owen O Neale, the Lords, Gentry and Commons of the Confederate Catholics of Ulster, etc. as well as the first mentioned Articles for 3. Month's Cessation, etc. bear Date 8. May. 1649. which I conceive to be the Date given them when they were ratified by the Parliament, or Council of State. See the said Paper, [The true state of the Transactions, etc.] Then follows: A second Copy of Owen Roe Oneales' Propositions as they were Corrected by Col. Monk, Paper printed at Cork. and sent to Oneale to be subscribed: And then sent by Monk to the PARLIAMENT to be granted: as followeth verbatim. 1. INprimis. That such as shall join with General O Neale in the Service of the Parliament of England in this Kingdom, may have Liberty of Conscience for themselves and their Issue. 2. The said General O Neale desireth an Act of Oblivion be passed, to extend to all and every of his Party for all things done since the beginning of the Year, 1641. 3. They desire that general O Neale be provided for a competent Command in the Army befitting his worth, place and quality. 4. They desire that they may enjoy all those Lands that were in their possession at the beginning of this War for themselves and Heirs during their fidelity to the Interest of England. 5. That all incapacity, inability & distrust hitherto by Act of State, or otherwise, against the said Party, be taken off. 6. That on both sides all jealousies, hate and aversion be laid aside; unity, love, and amity, renewed and practised between both Parties. 7. That Gen. O Neale may be restored and put in possession of his Ancestors Estate, or some other Estate equivalent to it, in regard of his merit, and the good Service that he shall perform in the Parliament of England's Service in the preservation of their Interest in this Kingdom. 8. That the Army belonging to the Gen. O Neale and his Party be provided for in all points as the rest of the Army shall be. 9 That the said Party be provided with, and possessed of a convenient Seaport in the Province of Ulster. See the Date in The true state of Transactions, etc. It seems to be 8. May, 1649. And I do, upon receiving a Confirmation of those Desires undertake and promise in the behalf of myself and the Whole Party under my Command, faithfully and firmly to adhere to the Parliament of England's Service in this Kingdom, and to maintain their Interest hereafter with the hazard of our Lives & Estates against all Opposers whatsoever. Given under my Hand and Seal. In the said Paper, printed at Cork, is also contained. [A Letter from a Gentleman in Dundalke, dated 20. May, 1649.] which take here verbatim; that you may see what opinion Men there (upon the place) had of that business at Cork in Munster. To my Worthy Friend, SIR, YOu may wonder my Obligations being so great towards you, that my returns of acknowledgement should be so seldom as they have been, but you must know there is no defect in my desires to be at your ears often; 'tis only the preservation of my Liberty and Safety in these parts that makes me forberare the frequency of such intercourses. I am confident these Letters, this Messenger and the enclosed Papers, which I here send you, (containing a true Copy of the Propositions and Letters of Agreement between Owen Roe O Neale, and Col. George Monk) will be able to give you some account of the passages in these parts, and will make you assured that I do not forget the respects I own unto you. I must confess to you that (as you ever conceived) I never could imagine that the Parliament proceed would have advanced to so high a degree of rage and wickedness, as I see they are now come to, and are resolved to act by: but being amazed at the KING'S Murder, and seeing the Gangrene doth so cruelly spread, I will impart to you my resolution, That I am resolved to get into your parts with the first conveniency, and adhere to you there, whose actions are more conducing to the preservation of our Religion, Law, and Common Interest, than any where else, that I can find. But that this my so sudden resolution may not be conceived the fruit of some vain fear, miscarriage in myself, or light desires to abandon my former principles; I shall give you a right understanding of all the motions and passages of my soul, since I was acquainted with this late Treaty between Col. Monk, and Owen Roe O Neale, that thereby you may judge of the ground of these my Designs and distastes, and my resolutions taken thereupon. And before I consider the particulars of the Treaty, the thing itself is so odious unto me, that if they could have made the best bragaine to be imagined for the English Safety, the manner of it would have appeared to me very unsavoury. For although it cannot be denied that almost the whole Irish Party (in regard of their Confederacies, and Combinations) have not been innocent in all particulars of that vast Ocean of English Blood that hath been shed; yet it is most clear that the Plotters and Contrivers of this Treason, and the unnatural and butcherly Executioners thereof, are that Party principally, which are now Headed by Owen O Neale; for, although many of the pale, with others of Conaught, Leinster, and Munster entertained the Design, when they saw it was so far spread, and the English so much weakened in their Persons and Possessions, yet it cannot be denied but this Kingdom had still many moderate-minded Men, that loathed their countrymen's barbarity, and could never be drawn to adhere to their Party in their least consent. Now for the Parliament Agents, to gather up these Men (and these only) that have been drunk with the blood of their Brethren, and to fortify them with Arms, Counsels, and conjunction of Forces, that thereby they may preserve to themselves the Triumphs of their Cruelty and Treachery, and to lap them up in their affections with promises of reward, if they will persevere to act with the ruin of the KING and Monarchy, the destruction of the remnant of the English Protestants, and the ancient Irish who have now declared their Loyalty; and submitted to, and consociated with them, are things that I much loathe, and can no way embrace. Besides, if you consider the passages of the Treaty, you will easily be drawn (I suppose) to cast away your former entertained scruples, and not condemn me for being out of love with mine. 1. For first. The Title to Owen Roes Propositions excludes all other of his Nation but such as will join with him, though they be fare more capable of Peace and Pardon than himself, or his Party. 2. He and his Party who in a late Paper of theirs, styled the Parliament of England, Monstrosum Parliamentum, (the monstrous Parliament) when (as then) it had not besmeared itself with Royal, Sacred, and Noble Blood, as since it hath done: yet now where he sees them act like himself, he hath taught his tongue to quaver, and calls them, The most Honourable and potent Parliament; when all Honour is persecuted by them, and no power exercised by them but brutish violence, and extreme tyranny. 3. In the second Proposition: That an Act of Oblivion be passed to extend to all and every of Owen O Neales' Party for all things done since the Year, 1641. You shall find that Monk approves of it totally, without the least reserve of punishment to any the most bloody Plotters and Murderers whatsoever that are in that Crew, which makes me more in love with my Lord of Ormonds' peace than I was before. 4. 'Tis propounded by Owen Roe; and approved by Monk, That he shall have a Seaport to himself, to make use of, for the perfecting of his designs, when (as we hear) the least Traffic will not be allowed to you in Munster. 5. Although Col. Monk do a little his Propositions concerning the Repealing of Statutes against Roman Catholics since Hen. 8. lest he should offend the People: And though he do not absolutely undertake to grant him all his Ancestors Lands (which when he is once styled O Neale, he will challenge to be the six escheated Counties) yet by Monks Letter he is assured, that he shall not receive the least disadvantage thereby. All which directions, Counsels, and assurances (I am confident) Col. Monk would not have used towards him, if he had not had a Parliament-foundation to warrant it. Thus you see these Men who lately were utter Enemies, have confederated together to ruin Monarchy and the Protestant Religion, merely to raise themselves, and support their own Faction. They will not here allow the KING to make use of His own Subjects to revenge His Father's blood, to Reinthrone Himself, to re-establish Religion and the Laws, and the just Liberties and yet they allow themselves a latitude of calling in any Party, though the most bloody and inhuman, to assist them, in the carrying on their wicked Designs. We have seen Col. jones his Letters, censuring the Lord of Ormond for joining the Irish to his Party (though the best and least culpable of them) and yet the same jones (whose head and hand is in this Treaty and Conclusion) thinks it allowable in himself to close with the worst, and that upon his own terms. And though Col. Monks hypocrisy (in Correcting Owen O Neales' 7. Article) will not allow that unity and amity shall be publicly proclaimed between them; yet he is willing it shall be practised, and they shall mutually assist one another against all Opposers whatsoever, that is, the KING, and all in Authority under Him. The consideration of these things hath left such an impression upon my soul, that I am resolved to make speed to you, no way desiring to live under their Commands, whose actions increase in horror, and beget new afflictions to all honest English hearts. So praying you to forbear further writing to me, because I mean speedily to see you, I rest, Dundalke, May, 20. 1649. Your assured Friend and Servant. Upon which Propositions so corrected by Monk, & the close carriage of this business, I shall trouble my Reader with these following Observations. 1. Article. You see the Counterfeit, Alchemy Saints, are content to join covertly with Massacring, Irish Papists, to carry on their antimonarchical Designs: and to make a false Religion and corrupt worship of God the wages & hire of righteousness. 2. Article. You see those Men that are so bloodily zealous to bring Protestant Delinquents (nay, the KING Himself, under the notion of the Grand Delinquent, the Man of Blood) to punishment, and pretend themselves engaged by Oath so to do; can dispense with the Massacre of two hundred thousand English Protestant's barbarously and inhumanely slaughtered in Ireland in time of full peace; and can grand an Act of Oblivion to whole Armies of their Murderers, thereby at once making their antimonarchical interest the price for which they sell the innocent blood of their Brethren, and defrauding the Irish Adventuers of that Money which the Parliament persuaded them to lay forth to purchase Rebels Lands in Ireland, for which they have an Act of this Sessions of Parliament. The like may be said of the 4. & 7. Articles, whereby Rebels attainded and convict are restored to their confiscated Lands, & the English Protestant Planters that purchased them of the Crown, are expelled out of their Inheritance: what is this but a design to root out Protestancy as well as Monarchy? 5. Article. Taketh off all Incapacity, inability, and distrust from O Neale and his Party at that very time when with much counterfeit zeal they pretend great severity against the English Papists: I think because they are not so very Rebels as the Schismatics. According to their usual custom, to accuse other Men of their own Crimes; they charged King CHARLES the First, (upon light surmises) with complying with the bloody Irish Papists; & do themselves actually combine with them to root out Monarchy & Protestancy, giving them a Toleration of their Religion, & the possession of the English Protestants Estates for their Hire. And it now appears by Letters newly come to London, the 24. August, (notwithstanding the said Votes of the Commons against all association with the Irish Murderers) That Sir Charles Coote, See The Perfect Occurrences, nu. 138. from Aug. 17 to the 24. 1649. and O Neale, are associated; and that the Siege from Londonderry was raised by O Neales' help which plainly proves, that the Treaty and Conjunction was not only between Monk & O Neale; but between O Neale & the Parliament, or Council of State; and that the said Propositions so altered by Monk are confirmed by the Parliament, or Council of State; and do still serve for a foundation for O Neale to assist the Parliament upon, who have turned out O Neale at the Foredoor (to gull the People) and taken him in again at the Backdoor. 206. Cromwell's Soldiers desert him ad Milford-haven: and upon his complaint, his House of Commons vote their Debentures void. Many of K. oliver's Officers and Soldiers, abhorring the said Association with O Neale, deserted him at Milford-haven (as I have related) & came to London, whither they were pursued at the heels by a Letter from his Mushroom Majesty, directed to his Viceroys at Westminster, willing his Parliament (that since to encourage the Soldiers to undertake the Irish expedition only) their Accounts had been Audited, and Debentures granted for their Arrears, they should recall and null their said Debentures: In obedience to which Command, a thing like an Act of Parliament is drawn up, and order taken that the Commissioners that attend Cromwell into Ireland should certify the Names of them all to the Parliament, that they may be punished in purse, for not prostituting their Consciences, and shedding more innocent blood, with an implicit faith and blind obedience, to K. oliver's unquestionable commands, in maintenance of usurpation and lawless tyranny. The rest of the Army may see, by this precedent, they may as well hope to recover a damned Soul out of Hell, as their Arrears out of this bottomless Gulf, the New State: (notwithstanding all their fair promises, Orders, weathercock Acts, and Debentures; which are all written in wastpaper, and as changeable as Tickets & Securities for the Public Faith.) It being their constant resolution and best policy to feed them (from time to time) with vain hopes, & a little spending-mony (for which they are never the better) now a bit of money, and then a bob of Martial Law; & always to promise, never to pay their Arrears; thereby to keep them together from Disbanding, and going to their own homes and callings; whilst the Council of Officers (who only are accounted the rational part of the Army) receive duly their full pay, and whatsoever else they can shark from the private Soldiers, (who are looked upon but as the Brutish part of the Army) in whom it is become a capital Crime to question whether their Superiors deal justly with them or no? as it proved to Lockyer. The Common Soldiers, as well as the Common People, paying for the Riot of their Colonels & superior Officers (who Lord it in their guilt Coaches, rich Apparel, costly Feast, (though some of them led Dray-horses, wore Leather-pelts, & were never able to name their own Fathers or Mothers) I: and for the Lands they purchase too: yet the Officers have one device more to keep the Soldiers together, which is, They make them believe they are so generally hated they cannot with safety Disband and go home; whereas it is the Superiors only that are looked upon with hatred as the Authors of Tyranny and Oppression: The Private Soldier being esteemed but their Instruments, and such as (in their kind & way) are Sufferers under the hand of oppression, as well as other men; many Soldiers have been purged out of the Army; others have voluntarily quitted the Army and returned to their callings, without being endangered or injured after their retirement, which shows this objection is but a Scarecrow. 207. A League Defensive & Offensive, concluded between O Neale & Sir Charles Coote Governor of Connaught for the Parliament: See the last Section save one. For the clear manifestation of the Association between O Neale and the Parliament, there are lately come to the Council of State two Letters out of Connaught from Sir Charles Coote; one Dated the 14. the other the 15. of August, 1649. informing them with how much zeal to the Parliaments interest Own O Neale had freely raised the Siege of London-Derry. Upon which Letters, and the Votes and proceed of Col. Pride's Parliament thereupon, I shall commend to my Readers observation these following particulars: 1. The 15. August, Letters inform, that O Neale freely offered his assistance to Coote, professing much affection to the Parliament of England, and an earnestdesire to maintain their Interest, etc. (which is, his own interest) you may remember that this bloody Rebel O Neale heretofore (when the Parliament was not half so corrupt as now) styled it, Monstrosum Parliamentum, the Parliament of Monsters: but now that he sees them act his way, and concur with him to destroy Monarchy and Protestancy, he styles them. The Honourable Parliament; aids, and affects them. 2. The 14. August, Sir Charles Coote informs, that he hath found O Neale and his Army very punctual and faithful in all their Promises and Engagements and he makes no doubt but they will continue so unto the end, etc. The reason is, because they aim all at one end & interest: Subversion of Monarchy & Protestancy, & go one way to effect it, by a Conjunction of Forces and Counsels. 3. The 15. August, that O Neale in his Express to Coote enclosed some Letters he had received from Monk; and amongst the rest, a Copy of a Letter from Monk in Answer to a Letter of the Lord Inchiquine charging Monk with joining with O Neale and his Party; wherein Monk insinuated, as if O Neal's submission to use the the Parliament Power, were already accepted by them, etc. Monk needed none insinuate it, but might have spoken it plainly: as he hath done to sundry of his Friends in England, who reprehended him for joining with O Neale, to whom he Answered, that be had the Authority of his Superiors to warrant his do therein: But this was before he went to Milford-haven to Cromwell, who then taught him the art of Cromwellizing to carry on their design. 4. The 15. August, Why did they cry out opon King Charles I. upon a surmise that He used the help of the more innocent Irish Papists, being His own Subjects under his Allegiance & Protection? but we find the Godly are above all Laws. Cootes Letter (to justify his do) delivers a piece of Doctrine to the Council of State; the Use whereof they were very perfect in before, viZ. Calling to mind that it is no new thing, for the most wise God, to make use of wicked Instruments, to bring about a good Design, for the advancement of his glory, etc. This Casuist in Buff had forgotten, That we must not do evil that good may come thereof; and that both the just and the unjust, the righteous and the unrighteous man being all of God's Creation and making, he hath the same prerogative over them all jure creations, that a Potter hath over his Pots, he may use them, and do with them what seemeth best to his most holy will: and it is therefore good, holy, just, because he willeth it. His Divine pleasure being the rule and standard of goodness, holiness, justice. Mistake me not; I do not mean his bare providence, or permissive will, which no man can take notice of, and Traitors, Tyrants, Thiefs, and Reprobate Saints execute, and boast of to their own assured damnation. Therefore Gods employing wicked Instruments can be no precedent for our Alchemy Saints to do the like; unless Cromwell's * Council of Officers, of State, and Parliament. three juntoes and faction, will usurp God's prerogative, as they have done the Kings. 5. The 15. August, the Letter saith, that Coote called a Council of War, who resolved, It was better to accept of the assistance of those who proclaimed themselves Friends to us, and the Interest we fight for, etc. Here you see O Neale's bloody Party & those Parliament Champions united, and friendly conspiring to uphold one Common Interest, which can be nothing but the downfall of Monarchy and Protestancy. 6. The 15. August, the Letter further saith, that we (Coote and his Council of War) added to the Articles this wary Proviso, not to use their assistance longer than the approbation of the State of England should go a long with us therein, etc. It should seem by this wariness, that for the time they had used their help, (which was ever since the 22. of May last) the approbation of the said State (as they call it) hath gone along therewith. And for the time they mean to use their assistance hereafter, it is left indefinite; (no longer than the approbation of the State shall go along with us therein) which may happily be until Doomsday: notwithstanding the Order, Dated the 24. August, 1649. voting, That their Vote of the 10. August, in the Case of Col. Monk, be communicated to Sir Ch: Coote, as the Resolution of the House, etc. For, who knows whether the Copies of that Vote may miscarry, or be stayed by the way either accidentally or purposely. 7. The 14. August, the Letter saith, See Monke's Letter of Answer to Oneale, Dated 26. April, 1649. from Dondalke, contained in the last foregoing Section but one: See the said Paper, entitled, [The Propositions of Owen Roe O Neale, sent to C. Monk, etc.] printed at Cork 1649. O Neale was pleased to communicate to him certain Proposals, which (he saith) were long since transmitted into England to the Parliament, by C. Monk, and though for his own part and the prime Officers with him, (these are privy to the secret carriage of the business, and therefore may well be satisfied with what is done already) they do not doubt but the Proposals are already yielded to by the State; yet in regard their Army and Party in all other parts of the Kingdom (these are ignorant of the juggle, and causes thereof) cannot be satisfied therewith, until the Parliament be pleased to declare themselves more publicly therein (it should seem they have done it privately already for satisfaction of O Neale and his said prime Officers) he hath therefore desired me humbly to entreat your Lordships to declare your Resolution therein, with as much speed as may be. Here you see O Neale and his prime Officers (who know the juggle) satisfied already with a private confirmation of the Articles. But to satisfy the rest of his Army and Party (to whom this mystery is not yet revealed a public Declaration thereof is desired, that they may unanimously and cheerfully endeavour the preservation of the Parliaments Interest. The Articles of Agreement between O Neale and Coote conclude clearly a League or War Offensive and Defensive against the Enemies of both or either, until a more absolute Agreement be made and condescended unto by the Parliament of England. This more absolute Agreement is now in agitation, and private Directions sent to Coote how to behave himself in the Transaction thereof: See the 1. Vote, die veneris, 24. August, 1649. See the Relation of the Transactions between Sir Charles Coote and Own Roe O Neale, printed by Order, 28. Aug. 1649. The Votes upon these Letters and Articles were two: Upon part, in the first Vote I have observed something already in the 6. branch of this Section, (viz.) that their Votes of the 10. Aug. in Case of Col. Monk be communicated to Coote; and a Direction for him how to behave himself in the Transaction between him and Own Roe O Neale; this Transaction is called in the Articles (ut supra) a more absolute Agreement. These Letters, Articles, and Votes being Apologetically published for satisfaction of the Soldiery and People; it had been fit to have communicated the said Directions also to their Trustors and Sovereign Lords the People, that they might have seen fair play above board, and not to have sent clandestine Directions to Coote (in so suspicious a business) how to behave himself in the Transaction with O Neale; which implies the said Transaction shall be continued and may be completed; the rather for that their second Vote saith, The House is well satisfied of the diligence, faithfulness, and integrity of Sir Charles Coote in preserving the Garrison of London Derry: now it was preserved by his said Conjunction with O Neale, who raised the Siege. About this time came forth a Book, called, 208. The Levellors vindicated: or, The Case of the twelve Troops, etc. [The Levellors vindicated: or, The Case of the 12. Troops which (by Treachery in a Treaty) were lately surprised at Burford: Subscribed by Six Officers in the name of many more.] Wherein (p. 2.) they say, That under colour of the Armies solemn Engagement at New-market and Triplo-heath, june 5. 1647. and many other their Declarations, Promises, and Protestations in pursuance thereof, (which Engagement they affirm (against their Preaching Coronet Den) was never retracted by any General Council of the Army, nor upon any Petition of the Soldiers, nor their Agitators ever by them recalled or dismissed) The whole fabrik of this Commonwealth is fallen into the grossest and vilest Tyranny that ever Englishmen groaned under, all their Laws, Rights, Lives, Liberties and Proporties wholly subdued to the boundless wills of some deceitful Persons, having devolved the whole Magistracy of England into their Martial Domination, etc. Pag. 7. They say, That the Soldiers Paper-Debentures are good for nothing but to sell to Parliament-men for 3. or 4. in the pound. (which they are forced to sell them for to keep them from starving, because they will not pay one penny Arrears to such as they put out of the Army any other ways) that so they may rob the Soldiers of their Seven year's Seruìce, and make themselves and their Adherents Purchasers of the King's Lands, for little or nothing: and (for aught appears) the Money they buy these Debentures with, is the Money the Nation can have no Account of. That they have dealt as basely with other Soldiers who never resisted their Commands. 1. They turned them off with only two months pay. 2. They have taken away three parts of their Arrears for Free-quater, without satisfaction to the Country. And at last force them to sell their Debentures at the aforesaid rates, that those Soldiers that are continued in Arms shall far no better, when they have served their turns, with them. Pag. 10 they say, Their engagements against the King was not out of any Personal enmity, but simply against his Oppressions and Tyranny on the People; but the use and advantage on all the success God hath been pleased to give us, is perverted to that end, That by His removal the Ruling Sword men might intrude into His Throne, set up a Martial Monarchy, more cruel, arbitrary, and tyrannical, 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 falseness of the Lieutenant General Cromwell, and his Son-in-Law Ireton, with their Faction, was enforced and obtruded by mere Conquest on the People. And a little after, now rather than to be thus vassallized, thus trampled and trod under soot by such as over our backs have stepped into the Chair of this hateful Kingship over us, in despite of the consent, choice, and allowance of the Free-People of this Land (the true fountain and original of all just Power (as their own Votes against Kingly Government confess) we will choose subjection to the PRINCE, choosing rather ten thousand times to be His Slaves than theirs, etc. Pag. 11. They Vote and Declare, The People the Supreme Power, the Original of all just Authority, pretend the promotion of the Agreement of the People; style this, The first year of England's Freedom; entitle the Government, A Free State; and yet none more bloody, violent, and perverse Enemies thereto: for, not under pains 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 boundless, lawless wills, their naked Swords, Armies, Arms is now Law in England, etc. 16. August, 1649. Col. 209. Col Morrice Governor of Pontefract for the King, Indicted at the Assizes at York, condemned, and executed. Morrcie (who kept Pontefract-Castle for the KING) was Indicted before judge Thorpe and Pulleston at York Assizes upon the Stat. 25. Edw. 3. for levying War against the late King and Parliament, The Colonel challenged one Brook (Foreman of the jury) for being his professed Enemy; but the Court (knowing Brook to be the principal Verb, the Key of their work) answered Morris, He spoke too late, Brooke was sworn already. Brooke being asked the Question, Whether he were sworn or no? replied, He had not yet kissed the Book. The Court answered, It was no matter, that was but a Ceremony: alleging, he was recorded Sworn, there was no speaking against a Record: Sure they made great haste to record him sworn before he could kiss the Book: so Brooke was kept in upon this cavil; by whose obstinacy, Morris was condemned. I cannot wonder that legal Forms & Ceremonies are laid by (although justice cannot subsist without those Legalities to ascertain her proceed, which otherways would be left at large to the discretion of the judge) when I see our known Laws, Magna Charta, the Petition of Right, 3. Carol. and the rest, with the fundamental Government of this Nation, pulled up by the roots to carry on their Designs of enslaving the People to their lusts, notwithstanding the Parliaments Declarations, Remonstrances, Protestations, Covenants, & Oaths 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 known Laws of the Land. But to return to our Relation: Then Morrice challenged 16. more of the jury; whereat Pulleston was so pettish, that he bade Morrice keep his compass, or else he would give him such a blow as should strike off his head. Until Morrice cited the Stat. 14, Hen, 7. fol. 19 whereby he might challenge 35. men without showing cause: Here you see the judges (which ought to be of Council with the Prisoner in matter of Law) endeavouring to outface and blind the Prisoner with ignorance of the Law, being a Marshal Man. Then he desired a Copy of his Endictment, that he might know what to answer; saying, he might plead Special as well as General; which the Court denied him. Next, because there was point of Law in it, he desired to have Council, citing the Stat. 1. Hen, 7. fol. 23. which was likewise denied him; yet (I am deceived, if Rolfe had not Council allowed him, being indicted at Winchester for an endeavour to Murder KING CHARLES the First, and had many other favours denied to Morrice.) Then Col. Morris for his discharge produced the PRINCE'S Commission as Generalissimo to the KING his Father. The judges answered, The Prince was but a Subject as Morris 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 judges & Officers did then Act. The Court Answered, the power was not in the King, but the Kingdom. Observe, they indicted him for Levying War against the King and Parliament. The word [Parliament] was a surplusage; for which no Indictment could lie: no Allegiance, no Treason; and we own Allegiance to the King alone; whosoever Leavyeth War in England (in the intendment of the Law) is said to Levy War against the King only: although he aim not at His Person, but at some other Person: And if he that Leavyeth War against the King. His Crown, & Dignity, be a Traitor; how much more must they be Traitors that have actually Murdered the King, and Disinherited and proscribed his lawful and undoubted Heir; and (as much as in them lies) have subverted the Monarchical Government of the Land, and consequently, all Monarchical Laws; whereof the Stat. of Treasons for Levying War against the King's Majesty is one; and therefore Morris under a Free-State ought not to be condemned or tried upon any Monarchical Law. So Morris was found guilty by a jury for that purpose. And an illegal precedent begun to cut off whom the Faction pleaseth, under a pretence & form of Law, without help of a Council of War, or a private Slaughter-house, or a Midnight-Coach guarded with Soldiers to Tyburn. These Usurpers have got the old tyrannical trick, To rule the People by the Laws, but first to overrule the Laws by their Lawyers; and therefore, rei innocentes pereant, fiunt nocentes judices; that true men may go to the gallows, Thiefs must sit on the bench; but, silent Leges inter arma; and now, silet justitia inter Leges, silet Ius inter judices: the mongrel, hypocritical, threeheaded conquest we live under hath despoiled justice of her balance, Threeheaded, consisting of, 1. Council of War. 2. Council of State. 3. Parliament. and left her in a Military posture, with a Sword to strike; but no scales to weigh withal: Our licenced News-Books (like Ill-Boading-Birds) foretell and forejudged Morrice's death a Month before, He died resolutely. Observe the thing aimed at in this new form of Endictment of High Treason, for levying war against the King and Parliament, is, first that the word [King] may hold in the Edictment, which otherwise would be found to have error in it; and though the word [for Levying War against the Parliament] be a vain surplusage, signifying nothing; yet at last (by help of their own judges, & newmade precedents) to levy war against the Parliament, shall stand alone, be the only Significator, and take up the whole room in the Edictment, and thrust the word [King] out of doors and then Treason shall be as frequent as Malignancy is now. Morrice had moved, he might be Tried like a Soldier by a Council of War, alleging the inconvenience of such a precedent if the King's Party should retaliate it, which would not be granted; yet Col. Bethel writ to the General and his Council of War, desiring he might be reprieved: but Col. Pride opposed it; urging, That it would not stand with the justice of the Army, (you see now who is the fountain of justice) nor the safety of the Commonwealth, to let such Enemies live, the Parliament having adjudged him worthy of death, (without hearing) and given instructions to the judges accordingly. (O serviceable judges!) so the General was overborne by this Dray-man. This fellow sitteth frequently at the Sessions-house in the Old Bailie, where the weight of his Slings turneth the scale of justice which way he pleaseth. Col. Prides' Dray-horses, 210. Capt. Plunkett and the marquis of Ormonds' Brother voted to be Tried. the Commons in Parliament assembled, not yet satisfied with Blood, because they are out of danger of bleeding themselves; have Voted that Capt. Plunkett and the marquis of of Ormond's Brother (Prisoners in Ireland) shall be brought to Trial. If the King's Party (in imitation of their Cruelty) shall put to death the Prisoners they have taken, the Parliament will save their Arrears for their own privy purse; These two cases, are examples of the greatest danger, and the highest contempt of Soldiers that ever were set on foot in any Age or Nation. 29. August, 1649. came forth, a Book, called, 211. An Our cry of the young Men and Apprentices London concurring with those falsely called, Levellors. [An outcry of the young Men and Apprentices of London: Or, An Inquisition after the lost fundamental Laws and Liberties of England.] truly & Pathetically setting forth the slavery, misery, & danger of the Common Soldiery & People of this Nation, and the causes thereof: well worth the reading. About this time came forth an Act (for sooth) for the speedy raising and levying money upon the Excite: 212. Excise. that is (as the Act telleth you) upon all and every Commodities, Merchandizes, Manufactures, as well imported or exported as made or growing, and put to sale or consumed, etc. That is, to lay impositions upon all we eat, drink, wear or use, as well in private houses as victualling houses, warehouses, cellars, shops, etc. as well what the Soldier devours in Freequarter upon us, as otherwise, under unheardof penalties both pecuniary and personal to be paid; and levied with rigour. And to make every man's house lie open to be searched by every prowling Rascal as often as he or they please. 213. Foreign Plantations. The Traitors, Tyrants, and Thiefs, the Commons in Colonel Pride's Parliament assembled, are now again frighted into a consideration of Foreign Plantations: And passing Acts, That they shall all be subject to the new Babel, or State of England: for which purpose they are very busy to undermine, divide, and subject the old and first Planters, that (if need be) these reprobate Saints may come in upon their labours, & the better to accommodate themselves there. In the Act for sale of the Kings, Queens, and Princes personal Estate, they have given leave to their Agents the Commissioners to transport beyond sea (that is to say, to their own Plantations) (under pretence of sale) the rarest and choicest of the King's Gods; they heap up abundance of wealth by Excise, Taxes, Goldsmiths-hall, Haberdashers-hall, Sequestrations, cozening the Soldiers, etc. That they may transport the whole wealth of the Land with them, and leave England naked, disarmed and oppressed with famine, and disabled to pursue them for revenge, or recovery of their losses. 214. More Gifts to the Faction. The said Commons are never wearied with exercising their bounty amongst their own Faction out of the public purse, about 1300 l. to Col. Fielder: to Scobell their Clerk (heretofore a poor under-Clerke in the Chancery, who writ for 2d. a sheet) besides an employment he hath already in the sale of public Lands worth 1000 l. a year) a Pension of 500 l. a year; and a Noble, Fee for every Copy of an Order taken forth, toties quoties; although most of their Orders contain not above three or four lines; an extortion fare surmounting the Star Chamber, or Council Table, of which themselves so much complained: the Diurnal tells you, Numb. 319. from Monday, Sept. 3. to Monday, Sept. 10. an Act was read for satisfying the sufferings of two Members, who have been in the late War damnified many thousands: these (I conceive) to be Sir Tho: jervys and Mr. Robert Wallope; this satisfaction must be made out of the public purse, which must be filled by Taxes again out of their private purses who have lost as well as they without satisfaction, or hopes of satisfaction, notwithstanding many Votes that all should be satisfied. O Cromwell hath reduced the Officers in Col. Jones his Regiment, and other Dublin Regiments, 215. O Cromwell reduceth jones own Regiment and other Regiments in Dublin. Let Sir C. Coote and his Regiment in expect the like. notwithstanding their valour & fidelity shown in raising the Siege of Dublin: you see he will trust none but his own immediate Creatures: this Faction casts out all other men, as Quicksilver spews out all other metals (Gold excepted) so that by this, and many other examples, they may see that all their faithful services and bloodshed are poured into the bottomless tub of oblivion; as their Arrears are cast into the bottomless bag of the Public faith. Sunday 9 Sept. 1649. 216. A violent irruption of the Parl: janissaries upon the Protestants at Church in St. Peter's Pauls-wharf, Sunday morn, 9 Sept. 1649. At the Church of Saint Peter Pauls-wharf, Master Williams reading Morning Service out of the Book of Common-prayer, and having, prayed for the KING, as in that Liturgy (established by Act of Parliament) he is enjoined: Six Soldiers from Saint Paul's Church (where they quarter) came with Swords and Pistols cocked into the Church, commanding him to come down out of the Pulpit; which Williams immediately did, & went quietly with them into the Vestry: when presently a party of Horse from Saint Paul's road into the said Church with Swords drawn and Pistols spanned, crying out, Knock the Rogues on the Head, shoot them, kill them; and presently shot at random 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 plundered away their cloaks, hats, and other spoils of the Egyptians, and carried away the Minister to Whitehall Prisoner. You see these Heretics Schismatics, and Atheists that cry so loudly upon Liberty of Conscience for their own Blasphemies, will allow no Liberty of Conscience to Protestants, notwithstanding their Doctrine and form of Service is ancient, allowed, and commanded by known Laws, and approved of by all the Reformed Churches of Christendom. This strongly argues a Design in the three Kinghdomes to root out Protestancy, as well as Monarchy, carried on by a conjunction of Counsels and Forces between that triumvirate of Rebels, O Neale, O Cromwell, and (as many wise men think) Argyle: who would not otherwise keep the Scots from complying with the KING upon modest and moderate terms, 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 artificial 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 join with the Mutineers: and then the Soldiers 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 Cromwell's 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 Kingdom as miserable & slavish as they have made this) do now pour forth the blood of their own bowels in great abundance: 217. O Cromwell's Men sick in Ireland. God's vengeance having visited most of them with the Bloody flux; whereof many die: But this is a secret that must not be known to the Ungodly, and therefore O Cromwell and his Council of War 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 Friends) signify 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 Success, or Loss, until first the General or Council of War have signified (falsified) the same to his Parliament of England, they shall incur the breach of the Article against Spies, and be accordingly punished with Death, etc. Here you see O Cromwell, in the first Year; nay in the first Month of his reign, sets up a military tyranny in Ireland, to which all People, as well not Soldiers as Soldiers must submit their lives & fortunes; & the writing of news to their Friends in England (whereby their Lies & Forgeries may chance to be contradicted) shall be construed to be a Breach of the Article against Spies: not because Reason & Truth, or the Customs of War calls it so, but because the Sword puts this construction upon it. Take notice Ireland that this is the first year of thy Bondage if they prevail. And take notice England that O Cromwell and his Council and Party are resolved to Lie without control if they prevail not; their Letters speak him to be 15000. strong before Tredah, which hath Articled to yield: 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 belief. But the truth is, he is not able to draw together above 4000 or 5000. men; unless his Confederate O Neale join with him: And Ormond hath wit enough to know that sickness and famine in that wasted Country, are sufficient to deal with O Cromwell without his running the hazard of an engagement with such desperate forlorn Wretches. 218. Unreasonable Fees extorded by Birckhead by Dures of Imprisonment; with the connivance of the Commons. Col. Bromfield, Hooker, Cox, and Baynes, Citizens, who the last year were committed upon suspicion of High Treason (to which every offence against this new Babel-state is now wrested (notwithstanding the Stat. 25. Edw. 3. for limitation of Treasons) as in an infectious season all diseases turn to the plague) and were then discharged for want of matter to make good the charge: are now again imprisoned (in the first year of England's Liberty) at the request of Birkhead (Sergeant at Arms to the Commons) until they pay such unreasonable Fees as he pleases to exact from them: This had been great Extortion and Tyranny in the KING's time, when this Nation enjoyed so much freedom 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 Legal means to recover them: if not Legally due, it is Extortion in him to demand them in so violent a way; and Tyranny in his Masters the Commons to maintain him in it. Sir Henry Mildmay lately coming to the Tower, 219. Sir Har. Mildmay's Politic Observations: Chaste Conversation: and first initation at Court. and perceiving the Countess 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 signify their intentions, by signs upon their fingers, to the prejudice of the tender, infant State: and accompanying this admonition with some grave and politic Nods, hasted away to the Council 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 Maidenheads, 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 Ambassador of Love, Procuror, Pimp or Pander to the Duke of Buckingham; and laboured to betray the honour of a fair Lady (his nearest Ally) to his Lust, had not she been as Virtuous as he is Vicious, (if it be possible for any Woman to be so) and did actually betray others to him. I can tell you that very lately Sir Harry (pretending himself taken with the Wind-colic) got an opportunity to insinuate himself into a Citizen's house in Cheapside, and tempted his Wife; but had a shameful repulse: but more of this I will not speak, lest his Wife beat him, and give an ill example to other Women, to the prejudice of our other New Statesmen, & their New erected Sodoms and Spintries at the Mulbury-garden at Saint james's. 220. Felons fetched out of Newgate to inform against Merchants for not paying Customs. Master Gybs (Master of a Ship) having caused three Fellows to be committed to Newgate upon Felony, for Robbing him: These Fellows sent to Col. Harvey, That if he would procure their Liberty, they would discover to him several Merchants who had lately stolen Customs: Whereupon, Harvey sends for those Rogues out of Newgate, hears their Accusation, approves it, prosecutes the Merchants upon the Information of those Villains, discharges them of their Imprisonment by his own power, and recommends them to Col. Deane to be employed in the Navy. And one Master Lovel, a Silkman in Saint Lawrence-lane, is committed to the Gatehouse Prisoner, because he refuseth to Swear how many bail of Silk he hath come over: if the First year of our Liberty make such precedents, what Monsters will the sixth and Seventh year produce? All Princes begin with moderation; the Elders gave good Counsel to Rehoboam, Serve the People one day, and they will serve thee for ever hereafter. Nero had a commendable Quinquennium; but our Novice Statists are Tyrants ab incunabilis; Oppressors with shells upon their heads, from the Nest, before they are fledged; what will they be hereafter? 221. Sommer-hill given to Bradshaw. A sop for Cerberus. Sommer-hill: a pleasant Seat, worth 1000 l. a year, belonging to the Earl of Saint Alban, is given by the junto to their Bloodhound Bradshaw, so he hath warned the Countess of Leicester, (who formerly had it in possession to raise a Debt of 3000 l. pretended due to her from the said Earl; which she hath already raised fowerfold) to quit the possession against our Lady-day next. THE END. An Exhortatory Conclusion to the English Nation. TO conclude the series of Affairs and Action on both Parties (especially of late) rightly compared, Compare the Date of the K. Commissions with those of the Parliament, and their Declarations on both sides. it appeareth by the sequel, That KING CHARLES the First, from the beginning took up Defensive Arms to maintain Religion, Laws, Liberties, and the Ancient fundamental being of Parliaments, and this Kingdom; and that there always was, and now especially is, a predominant Faction in Parliament (notwithstanding their frequent Declarations, Remonstrances, Petitions, Protestations, Covenant, and votes to the contrary) conspiring with a Party (especially of Commissioned Officers of the Army) without the Houses, to Change the Fundamental Laws and Government of the Church and Commonwealth, to usurp into a few hands the Supreme Authority, to enslave the People with an oligarchical, Military, and Arbitrary Government, to raise what illegal Taxes they please, to establish their tyranny and enrich themselves and their Party, to oppress, consume and devour all Men, of a judgement contrary to their Interest; to Murder them by new-declared arbitrary Treasons, contrary to the Stat. 25. Edw. 3. for ascertaining Treasons; to Disfranchise them of their Birthrights, and make them Adscriptios Glebae, Villains Regardante to their own Lands, which the Nobility, Gentry, and Yeomanry plough, sow, and reap, whilst Brewers, Draymen, & Cobblers, eat, drink, and play upon the sweat of their labours; and are the Usufructuaries of their Estates. All which they have lately brought to pass; wherefore let all true Englishmen (as becomes good Christians, good Patriots, and gallant Men) claim their Birthrights; and with one voice cry out. 1. We will not Change our Ancient, settled and well approved Laws to which we are sworn. 2. We will not Change our Ancient and well-tempered Monarchy to which we are Sworn. 3. We will not Change our old Religion for New Lights and inventions. 4. We will not subject ourselves to an eight part of one Estate or House of Parliament, sitting under a force, and having expelled two hundred and fifty of their Fellows (more Righteous than themselves) by force, and usurping to themselves the Supreme Authority. 5. We will not be subjected to a new Supreme Authority usurped by forty ambitious, covetous Tyrants, arrogating to themselves to be a Council of State, and designed to supply the room of Parliaments, under what name or title soever they shall mask themselves. 6. We will not submit ourselves to a Military Government, or Council of Officers. See the Stat, of Recognition, 1. jac. and the Oaths of Allegiance, Obedence, and Supremacy. 7. We must and will have A KING, and The KING whom the Laws of God and this Land have Designed to us, we being by the Oaths of Allegiance, Obedience, and Supremacy sworn to bear faith and true Allegiance to KING CHARLES the First his lawful Heirs and Successors. Hic telum infigam, moriarque in vulnere— POSTSCRIPT. REader, at the latter end of my First part of The History of Independency, I have presented to thy consideration, some General Conclusions arising out of the Premises: the same Conclusions do as naturally arise out of the Premises of this Second part of the History: and do as aptly serve to illustrate this Second, as that First part; wherefore to that First part I send thee for opening thy understanding. When our old Laws run again into their Ancient Channel, and the Sword of Murder is sheathed, and the Sword of Justice drawn, the Author engageth to publish his Name & Apology, and show what he hath done and suffered for the Parliament and Kingdom. THE END.