THE HISTORY OF INDEPENDENCY, WITH The Rise, Growth, and Practices of that powerful and restless FACTION. D us AMBROSE. Nec nobis ignominiosum est pati quod passus est Christus, nec vobis gloriosum est facere quod fecit Judas. TACIT: Scelera, sceleribus, tuenda. VIRGILIUS. — sua cuique Deus fit dira libido. 1 St. JOHN C. 2. V 16. Quicquid est in mundo est concupiscentia oculorum, concupiscentia carnis, aut superbia vitae. Printed in the year, 1648. Reader, GEntle or ungentle, I writ to all, knowing that all have now got almost an equal share and interest in this Gallymaufry or Hodgepodge which our Grandee Pseudo-politicians with their negative and demolishing Counsels have made, both of Church and Commonwealth: and therefore I writ in a mixed stile, in which (I dare say) there are some things fit to hold the judgements of the Gravest; some things fit to catch the fancies of the lightest, and some things of a middle nature, applying myself to all capacities (as far as truth will permit) because I foresee the Catastrophe of this Tragedy is more likely to be consummated by maltitude of hands, than wisdom of heads. I have been a curious observer, and a diligent inquirer, after, not only the actions, but the Counsels of these times; and I here present the result of my endeavours to thee: In a time of misapprehensions it is good to avoid mistake, and therefore I advise thee not to apply what I say to the Parliament, or Army in general, if any phrase that hath dropped from my pen in haste (for this is a work of haste) seem to look asquint upon them: no, it is the Grandees, the Junto-men, the Hocas-pocasses, the State-Mountebanks, with their Zanies and Jack-puddings, Committee-men, Sequestrators, Treasurers, and Agitators, under them, that are here historified: were the Parliament (the major part whereof is in bondage to the minor part and their Janissaries) and the Army freed from these usurping and engaged Grandees, who betrayed the honour, and Privileges of Parliament and Army to their own lusts; both would stand right, and be serviceable to the settling of a firm, lasting peace under the King: upon our first principles, Religion, Laws, and Liberties; which are now so far laid by, that whosoever will not join with the Grandees in subvetting them, is termed a Malignant, as heretofore he that would not adhere to the Parliament in supporting them was accounted, so that the definition of a Malignant is turned the wrong side outward. The body of the Parliament and Army in the midst of these distempers) is yet healthy, sound, serviceable; my endeavour is therefore to play the part of a friendly Physician, and preserve the body by purging peccant humours; were the Army under Commanders and Officers of better principles, who had not defiled their fingers with public moneys, their consciences by complying with, and cheating all Interests (King, Parliament, People, City, and Scots) for their own private ends, I should think that they carried the Sword of the Lord, and of Gideon; but clean contrary to the Image presented to Nabuchadnezzar in a dream, the head and upper parts of this aggregate body are part of clay, part of iron, the lower parts of better mettle: I cannot reform, I can but admonish; God must be both the Aesculapius and Prometheus, and amend all; and though we receive never so many denials, never so many repulses from him, let us take heed how we vote (even in the private corners of our hearts) no Addresses, no Applications to him. Let us take heed of multiplying sins against God, lest he permit our schismatical Grandees to multiply Armies and forces upon us, to war against Heaven as well as against our Religion, Laws, Liberties & Properties upon Earth, and keep us & our Estates under the perpetual bondage of the Sword, which hath been several ways attempted in the Houses these two last weeks, both for the raising and keeping of a new Army of 30000. or 40000. men in the seven Northern Associate Counties, upon established pay (besides this Army in the South) and also for the raising of men in each County of England, and all to be engrossed into the hands of his Excellency, and such Commanders and Officers as he shall set over them; and this work may chance be carried on by the Grandees of Derby-house and the Army, if not prevented; for the General (notwithstanding this power was denied him in the House of Commons) hath sent Warrants into most Counties to raise Horse and Foot; yea, to that baseness of slavery hath our General and Army, with their under-Tyrants the Grandees brought us, that although themselves did heretofore set the rascality of the Kingdom on work, (especially the schismatical party) to clamour upon the Parliament with scandalous Petitions, and make peremptory demands to the Houses, destructive to the Religion, Laws, Liberties and Properties of the Land, and the very foundation of Parliaments: to which, they extorted what Answers they pleased: and got a general Vote, That it was the undoubted right of the Subject to petition, and afterwards to acquiesce in the wisdom and justice of the two Houses: Yet when upon 16. of May, 1648. the whole County of Surrey (in effect) came in so civil a posture to deliver a Petition to the Houses, that they were armed for the most part but with sticks: in which Petition there is nothing contained which the Parliament is not bound to make good by their many Declarations and Remonstrances to the people, or by the Oaths of Allegiance, Supremacy, or Nationall Covenant, or by the known Laws of this Land. Yet were they, 1. Abused by the Soldiers of White-Hall as they passed by, where some of them were pulled in and beaten. 2. When those Gentlemen of quality that carried the Petition came to Westminster-Hall, they found a Guard of Soldiers at the door uncivilly opposing their entrance to make their address to the House. 3. When they pressed into the Hall and got up to the Commons door, they were there reviled by the Guard. 4. The multitude which stood in the new Palace, (because some of them did but whoop as others did, who were purposely set on work (as is conceived) to mix with them, and disorder them) were suddenly surrounded with a strong party of Horse from the Mews, It is reported by some, that Sir H. Mildmay, Col. Purefoy, and the Speaker (doubting the House would give too good an Answer to their Petition) sent for these Horse & Foot. and some more Companies of Foot from White-Hall, who by the appointment of the Committee of Schismatics at Derby-house were ready prepared for this design, and catched them (as it were) in a Toil, and with barbarous and schismatical rage fell upon these naked, un-armed Petitioners, flew and wounded many without distinction, telling them, They were appointed to give an Answer to their Petition, and they should have no other; (as indeed they had not) though the Lieutenant Colonel that did all the mischief was called into the House of Commons, and had public thanks given him at the Bar) took many of them Prisoners, and Plundered their Pockets, Cloaks, Hats, Swords, Horses, and some of them (even Gentlemen of as good quality as their General) were stripped of their Doublets. Those Gentlemen of quality who were in the Lobby before the Commons door civilly expecting an Answer, were abused, and violently driven out by the Guard to take their fortune amongst the rabble; what Tyrants ever in the world refused to hear the Petitions and grievances of their people before? The most Tyrannical government of the world is that of Russia, and John Vasilowich was the greatest Tyrant of that Nation, yet shall this Tyrant rise up in judgement at the latter day against these monsters. Behold what entertainment your Petitions shall have hereafter, if public peace be the end of their desires: yet many Petitions ready drawn are sent up and down in most Counties by Committee-men, and Sequestrators, to enforce men to give thanks for the four Votes against the King: And many Petitions from Schismatics, destructive to Religion, Laws, Liberties and Property, have been obtruded upon the Houses, and received encouragement and thanks because they tend to subvert the fundamental government of Church and Commonwealth, and cast all into the Chaos of confusion, whereby the Grandees may have occasion to keep up this Army, and perpetuate their Tyranny and our Burdens. And from these Tumults of their own raising, the Grandees pretend a necessity to keep this Army about this Town, to watch advantages against it: Cromwell having often said, This Town must be brought to more absolute obedience, or laid in the dust; in order to which the Soldiers are now dis-arming the Country, and then the City is next, who being once dis-armed, must prostitute their mony-bags to these fellows, or be plundered. Reader, having spoken my sense to thee, I leave thee to thy own sense; submitting myself to as much charity as God hath endowed thee withal. God that made all, preserve and amend all, This shall be the daily prayer of him that had rather die for his Country, then share with these Godly Thiefs in eating out the bowels of his Country, and enriching himself with public spoils. Faults escaped, correct thus: PAg. 1. lin. 21. read their differenees. p. 9 l. 23. r. hath been. p. 15. l. 1. r. public Proclamation. ibid. l. 37. r. had to do to. p. 16. l. 13. r. self-defence. p. 17. marg. l. 6. r. by whom. p. 18. l. 20. r. Court of Request. p. 29. l. 8. r. whereof you. p. 49. l. 21. r. rock is. p. 51. l. 21. r. friend into. ib. l. 25. r. Presbyterian Commoners. p. 53. l. 22. Peace's place. p. 56. l. 32. r. Trained Band. p. 61. l. 22. r. promising to. ib. l. 23. r. desiring the. p. 66. l. 1. r. instructions to stay. ib. l. 24. r. Counties. The History of INDEPENDENCY. YOu have in The mystery of the two Juntoes, The Preamble. PRESBYTERIAN and INDEPENDENT, presented to your view these two Factions, (as it were in a Cockpit pecking at one another) which rising originally from the two Houses and Synod have so much disturbed and dislocated in every joint both Church and Commonwealth. I must now set before you Independency Triumphant, rousing itself upon its Legs, clapping its Wings, and Crowing in the midst of the Pit, with its enemy under its feet: though not yet well resolved what use it can or may make of its victory. But before I go any farther, 1 1. What Independency is. it is fit I tell you what Independency is: It is Genus generalissimum of all Errors, Heresies, Blasphemies and Schisms. A general name and Title under which they are all united, as Sampson's Foxes were by the Tails; and though they have several opinions and fancies (which make their vertiginous heads turn different ways) yet profit and preferment (being their tails) their last and ultimate end by which they are governed (like a Ship by his Rudder) and wherein they mutually correspond. The rest of your differences being but circumstantial are easily playstered over with the untempered mortar of Hypocrisy by their Rabbis of the Assembly, and their Grandees of the two Houses and Army, in whom they have an implicit faith. As Mahomet's Koran was a Gallimaufry of Jew and Christian; so are they a Composition of Jew, Christian, and Turk. Independency is compounded of judaisme. With the Jew they arrogate to be the peculiar people of God, the Godly, the Saints, who only have right unto the creatures, and should possess the good things of this world, all others being Usurpers: A Tenent so destructive to all humane society and civil government, that by virtue thereof they may and do by fraud, or force, Tax, eat up with Freequarter, cousin, and Plunder the whole Kingdom, and account it but robbing the Egyptians: To this purpose they overthrow all the Judicatories, Laws, and Liberties of the Land, and set up Arbitrary Committees, and weathercock Ordinances in their room, made and unmade by their own overpowering Faction in Parliament at pleasure, with the help and terror of their Janissaries, attending at their doors. Christianisme. With the Christians some of them (but not all) acknowledge the Scripture, but so far only as they will serve their turns, to Pharisee themselves, and Publican all the world besides; men filled with spiritual pride, mere Enthusiastiques, of a speculative and highflying Religion, too high for Earth, and too low for Heaven: whereas a true and fruitful Religion like Jacob's ladder, Stat pede in terris, caput inter nubila conduit; must have one end upon earth as well as the other in Heaven. He that acknowledgeth the duties of the first Table to God, and neglecteth the duties of the second Table to man, is an Hypocrite both against God and man. Turkism. With the Turk they subject all things, even Religion, Laws, and Liberties (so much cried up by them heretofore) to the power of the sword, ever since by undermining practices and lies they have juggled the State's sword into the Independent scabbard. 2 2. The E. of Essex and Si● Will: Waller undermined to let in the Independents. The Earl of Essex General of all the Parliaments Forces (a man though popular and honest, yet stubbornly stout, fit for Action then Counsel, and apt to get a Victory then improve it) must be laid by, and his Forces reduced. The like for Sir William Waller and his Forces, that Commanders of Independent Principles and interests with Soldiers suitable to them, might by degrees be brought into their room to reap the harvest of those crops which they had sown. This was the groundwork of the Independent design, to Monopolise the power of the Sword into their own hands. This could not be better effected then by dashing the Earl of Essex and Sir William Waller one against another: for which purpose that schismatic Sir A. Haslerigge was employed with Sir W. Waller and some others (whose Ashes I will spare) with the E. of Essex to break them one upon another. This was at last effected by taking advantage of their several misfortunes; the one at Listithyell in Cornwall, the other at the Devises in Wiltsh. where Hasterigge (a man too ignorant to command, and too insolent to obey) not staying for the Foot who lay round about the Devises in a storming posture, charged up a steep hill with his Horse only against the Lord Wilmots Party, one Division so far before another, that the second Division could not relieve the first, thereby freeing Sir Ralph Hopton from an assured overthrow, and bestowing an unexpected Victory on the L. Wilmot: he received a wound in his flight, the smart whereof is still so powerfully imprinted in his memory, that he abhors fight ever since; witness his praying and crying out of Gun-shot at the Battle of Cheriton, when he should have fought; and his complaint openly made in the House of Commons of the Earl of Stanford for Bastonadoing him. Which rashness of his (if it deserve not a worse name) was so far from being discountenanced, that he received not long after a gift of 6500l. from the House, and is lately made Governor of Newcastle and 3000l. given him to repair the Works there. I shall not need the spirit of prophecy to foresee that the tenth part of the said 3000l. will not be bestowed upon those Works. Thus was he favoured by his party in the House who were thought to look upon this action as an acceptable service. In farther progress of this design Manchester (a Lord, 3 3. The E. of Manchester undermined. and therefore not to be confided in) was undermined and accused by his Lieutenant General Cromwell of high Crimes, whom he again recriminated with a Charge of as high a nature; and when all men were high in expectation of the event, it grew to be a drawn battle between them; whereby all men concluded them both guilty: Manchester was discarded. Out of the ashes of these three arose that Phoenix (forsooth) a new modelled Army under the Command of Sir Thomas Fairfax, a Gentleman of an irrational and brutish valour, fit to follow another man's counsel then his own, and obnoxious to Cromwell and the Independent faction (upon whose bottom he stands) for his preferment, it being no dishonour to him to become the property to a powerful Faction. 4 4. The Victories of the new Model how achieved. It pleased God to bestow many Victories upon this Army over the King's Forces; then strong in bulk, but weakened by Factions, want of Pay and other distractions (whereby many of their Commanders not confiding in one another, began to provide for their future safety and subsistence) but above all, they had generally lost the people's affections. To these their Victories, the constant pay, and supplies, and all other helps and encouragements from a concurring State, which their working and restless Faction carefully accommodated them withal (far beyond what any other Army had formerly) did much conduce, in so much as they cleared the field, and took in all the enemies Garrisons with so much facility, that to many men they seemed rather Cauponantes bellum quàm belligerantes, to Conquer with silver then with steel. 5 5. Artifices to make Cromwell and his new Model popular. Thus this Faction having got a General fit for their turn, and a Lieutenant General wholly theirs in Judgement and interest, were diligent to make him famous and popular, by casting upon him the honour of other men's Achievements and valour. The News-books taught to speak no language but Cromwell and his Party; and were mute in such actions as he and they could claim no share in: for which purpose the Presses were narrowly watched. When any great exploit was half achieved, and the difficulties overcome, Cromwell was sent to finish it, and take the glory to himself, all other men must be eclipsed that Cromwell (the Knight of the Sun and Don Quixote of the Independents) and his Party may shine the brighter. 6 6. The new Model new-modelled by degrees to put the Sword into the hands of Schismatics. And that Cromwell's Army might be suitable to himself, and their Designs carried on without interruption or observation of such as are not of their Principles, all the Sectaries of England are invited to be Reserves to this Army; and all pretences of scandals and crimes laid hold of at their own Counsels of War to cashier and disband the Presbyterian party, that Independents might be let into their rooms, though such as (for the most part) never drew Sword before: so that this Army (which boasteth itself for the Deliverer, nay the Conqueror of two Kingdoms) is no more the same that fought at Nazeby, then Sir Francis Drake's Ship that brought him home can be called the same Ship that carried him forth about the earth, having been so often repaired, and thereby suffered so many subtractions and additions, that hardly any part of the old Vessel remained. It was therefore nominally and formally, not really and materially the same. The said Mystery of the two Juntoes farther tells you, that the Independent Junto bottomed all their hopes and interests upon keeping up this Army; whereby to give the Law to King, Kingdom, Parliament, and City, and to establish that Chimaera called Liberty of Conscience. That this was Cromwell's ambition formerly, the Earl of Manchester's aforesaid Charge against Cromwell (though let fall without prosecution, lest so great a mystery should be discovered) makes it probable, and his later practices (upon which I now fall) makes it infallible. The Houses long since (for ease of the people) in a full and free Parliament ordained the disbanding of this Army, 7 7. The Army Voted to be Disbanded through Cromwell's craft. only 5000 Horse 1000 Dragoons, and some few Firelocks to be continued in pay for safety of this Kingdom, and some of them to be sent for Ireland: for which purpose they borrowed 200000l. of the City, (being the same sum which disbanded the Scots) and for the rest of their Arrears they were to have Debenters and security, without all exceptions: such terms of advantage as no other disbanded Soldiers have had the like; neither are these like to attain to again; so that they have brought the Soldiers into a loss, as well as into a labyrinth: their continuing in Arms without, nay against lawful authority, being a manifest act of Treason and Rebellion; and so it is looked upon by the whole Kingdom; nor can the Parliaments subsequent Ordinances, (which all men know to be extorted by force, as hereafter shall appear) help them. To the passing of this Ordinance Cromwell's Protestations in the House with his hand upon his breast, In the presence of Almighty God before whom he stood, that he knew the Army would disband and lay down their Arms at their door, whensoever they should command them, conduced much: This was maliciously done of Cromwell to set the Army at a greater distance with the Presbyterian Party, and bring them and the Independents Party nearer together; he knew the Army abominated nothing more than Disbanding and returning to their old Trades: and wduld hate the Authors thereof. 8 8. Agitators raised by Cromwell. 9 9 The beginning of the project to purge the Houses. 10 10. The Army put into mutiny against the Parliament, whereby Cromwell monopolizeth the Army. And at the same time when he made these protests in the House, he had his Agitators (Spirits of his and his Son Ireton's conjuring up in the Army, though since conjured down by them without requital) to animate them against the major part of the House (under the notion of Royalists, a Malignant party, and enemies to the Army) to engage them against Disbanding and going for Ireland, and to make a Traitorous Comment upon the said Ordinance, to demand an Act of indemnity, and rely upon the advice of Judge Jenkins for the validity of it, and to insist upon many other high demands, some private, as Soldiers; some public, as Statesmen. 11 11. Cromwell's Family in the Army. Cromwell having thus by mutinying the Army against the Parliament, made them his own, and monopolised them, as he did formerly his Brewhouse at Ely (which he might easily do, having beforehand filled most of the chief Offices in the Army with his own kindred, allies, and friends: of whose numerous family, Lieut. Col. Lilburne gives you a list in one of his Books) he now flies to the Army, doubting (his practices discovered) he might be imprisoned: 12 12. Cromwell and Ireton usurp Offices in the Army. where he and Ireton assuming Offices to themselves, acted without Commission; having not only been ousted by the selfdenying Ordinance (if it be of any power against the godly) but also their several Commissions being then expired: and Sir Thomas Fairfax having no authority to make general Officers, as appears by his Commission, (if he make any account of it) and therefore Sprigg, alias Nathaniel Fines, in his Legend or Romance of this Army, called Anglia rediviva, sets down two Letters sent from Sir Thomas Fairfax to the Speaker William Lenthall, one to desire Cromwell's continuance in the Army: another of thanks for so long forbearing him from the House: see Ang. Red. p. 10, 11, 29. which needed not, had he been an Officer of the Army. And now both of them bare-faced, and openly join with the Army at Newmarket, in traitorous Engagements, Declarations, Remonstrances, and Manifesto's; and Petitions penned by Cromwell himself, were sent to some Counties to be subscribed against supposed Obstructers of Justice, and Invaders of the People's Liberties in Parliament, and the Army at Newmarket and Triplo heath prompted to cry Justice, Justice, against them; and high and treasonable demands, destructive to the fundamental Privileges of Parliament were publicly insisted upon; many of which for quietness sake, and out of compassion to bleeding Ireland were granted: yet these restless spirits (hurried on to farther designs) made one impudent demand beget another; and when by Letters and otherwise they had promised, that if their then present demands were granted, they would there stop and acquiesce, yet when they seemed to have done, they had not done, but deluded and evaded all hopes of peace by misapprehensions and misconstructions of the Parliaments concessions; making the misinterpretation of one grant, the generation of another demand, so that almost ever since the Parliament hath nothing else to do but encounter this Hydra, and roll this stone. Having thus debauched the Army, 13 13. Securing Oxford, and plundering the King from Holdenby. he plotted in his own Chamber the securing the Garrisons, Magazine, and Train of Artillery at Oxford, and surprising the King's Person at Holdenby: which by his instrument Coronet Joyce, with a commanded Party of Horse he effected: though afterwards (having recourse to his usual familiarity with Almighty God) he used his name to protest his ignorance and innocence in that business both to the King and Parliament; adding an execration upon his Wife and Children to his Protestation; yet Joyce is so free from punishment, that he is since preferred, and his Arrears paid by their means. And though both Houses required the Army to send his Royal Person to Richmond, to be there left in the hands of the Parliaments Commissioners, whereby both Kingdoms might freely make Addresses to Him; (for they had formerly excluded and abused the Scots Commissioners, contrary to the Law of Nations, and Votes of both Houses; and yet then granted free access to the most desperate persons of the King's Party) yet they could obtain no better answer from these rebellious Saints, Manifesto of the Army, 27. June 1647. then That they desired no place might be proposed for His Majesty's residence nearer London, then where they would allow the Quarters of the Army to be. This was according to their old threats of marching up to London, frequently used, when any thing went contrary to their desires. They knew what dangerous and troublesome guests we should find them here. How much is this Army degenerated since Cromwell and his demure whitelivered Son-in-law Ireton poisoned their manners with new Principles? Anglia Rediviva, p. 247. tells us that about Woodstock private overtures were made by some from Court for receiving His Majesty, who was minded to cast himself upon the Army: but such was their faithfulness in that point, that conceiving it derogatory to the honour and power of Parliament, (for His Majesty to wave that highest Court, and address Himself to any others) and therefore inconsistent with their trust and duty, being Servants of the State, they certified the Parliament thereof, and understanding it to be against their sense also, they absolutely refused to be tampered with. Oh, how faithful then! how perfidious and Cromwellized are they now! let their frequent tampering with the King and His Party, to the amazement of the Kingdom, and the abusing of the King testify. Read Putney Projects written by a considerable Officer of the Army, and a friend to Cromwell, though not to his false practices. 14 14. Their project to keep the Parliament in wardship. 15 15. Purging the Houses again. 16 16. Accusing the 11 Members. Having thus gotten the King (the first and most visible legal authority of England) into their possession; their next design is to get the Parliament (the second legal authority of England) into their power. This could not be effected but by purging the two Houses of Presbyterian Members (especially the most active, and such as had laboured their Disbanding) that an Independent Parliament and Army might govern the Kingdom: In order to which design they sent to the House of Commons in the name of Sir Thomas Fairfax and the Army, a general and confused Charge of High Treasons and other misdemeanours against eleven Members, for things done (for the most part in the House) and many of the principal, such as the House had long before examined and acquitted them of, and such as the whole Kingdom knows Cromwell and Ireton to be apparently guilty of: as, Trucking with the King, etc. One chief Article insisted upon in the Charge was, That by their power in the House they caused the Ordinance for Disbanding this Army to pass. Here you see where the shoe wrings them. This Charge was not subscribed by any Informer that engaged to make it good, or else to suffer punishment, and make the House and the Parties accused reparations: as by the Stat. 25 Edw. 3. c. 4. 27 Ed. 3. c. 18. 38 Ed. 3. c. 9 17 R. 2. c. 6. 15 H. 6. c. 4. but especially by 31 H. 6. c. 1. concerning Jack Cade (which comes nearest this case) ought to be: And they professed in the 2, 3, 4. Article of their Charge, That they were disobliged and discouraged from any farther engagement in the Parliaments service or Ireland's preservation; and demanded the House should forthwith suspend the impeached Members from any longer sitting and acting. Whereupon the House after full debate in a full and free Parliament, Resolved June 25. 1647. That by the Laws of the Land no Judgement could be given for their suspension upon that general Charge, before particulars produced and proofs made. 17 17. Threats to march up to London. 18 18. London solicited to sit Newters. Yet the Army (which had now learned only to acquiesce in their own prudence and justice) insolently threatened to march up to Westminster against the Parliament, in case the said 11. Members were not suspended: and courted the City of London to sit newters, and let them work their will with the Parliament. The 11. Impeached Members therefore modestly withdrew to free the House from such danger as they might incur by protecting them, as in Justice and Honour they were bound to do. After this, the Army sent in their particular Charge: and Libellously published it in Print by their own Authority. To which the 11 Members sent in, and published their Answer: Upon which there had been no Prosecution, because they pretend first to settle the Kingdom, but if they stay till these fellows have either authority, will, or skill to settle the Kingdom, they shall not need to make ready for their Trial till Doom's day. Here you have a whole Army for Accusers, and the chief Officers of the Army (being Members of the House) not only accusers, but parties, witnesses, and Judges, and carrying the rules of Court, and Laws by which they judge, in their Scabbards. And the Charge or Impeachment, such (as all men know) mutatis mutandis are more suitable to Cromwell's and Iretons Actions, than the Accused parties. If the proceed in the King's name against the five Members mentioned in The exact Collection, pag. 38. were Voted a Traitorous design against King and Parliament; and the arresting any of them upon the King's Warrant, an Act of public enmity against the Commonwealth: How much more Treasonable were these proceed; and the Armies March towards London to enforce them; and their arresting Anthony nichols, having the Speakers Pass, and leave of the House; Colonel Burch, being upon service of the Parliament going for Ireland; and Sir Samuel Luke, resting quiet in his own House? 19 19 The first occasion of quarrel against the City. 20 20. Courting and cheating the Country and all other interests to lull t●em asleep, till the Grandees had wrought their will upon City & Houses. 21 21 Petitions to the Army, and for the Army. Whilst these things were acting, Cromwell finding he could not have his will upon the Parliament, but that he must make the City of London (who had denied the neutrality) his Enemies, cast about how to cheat the Country people of their affections; (for to have both City and Country his Enemies in the posture his Army was then in, was dangerous) he therefore by many Printed books and papers, spread all England over by his Agitators, and by some journeymen Priests, (who's Pulpits are the best Jugglers Boxes to deceive the simple) Absolon-like, wooeth them to make loud complaints of the pressures and grievances of the People: to neglect the King and the Parliament, and make Addresses to the Army as their only Saviour's, the Arbitrators of Peace, restorers of our Laws, Liberties and Properties, setlers of Religion, preservers of all just interests: pretending to settle the King in his just Rights and Prerogatives; to uphold the Privileges of Parliament, establish Religion, to reform, and bring to account all Committees, Sequestrators, and all others that had defiled their fingers with public money, or goods; To free the people from that alldevouring Excise and other Taxes; To redress undue elections of Members; To relieve Ireland: Things impossible to be performed by an Army, and now totally forgotten, so that they have only accepted of their own private demands as Soldiers; That the Parliament should own them for their Army; Establish pay for them; put the whole Militia of this Kingdom and Ireland, both by Sea and Land into their Hands; and Vote against all opposite forces. But they are now become the only protectors of all corrupt Committee-men, Sequestrators, Accomptants to the State, and all other facinorous persons, who comply with them to keep up this Army, for their own security against public Justice. Having thus courted and cheated all the public and just Interests of the Kingdom, they deceived the people so far as to make them Issachar-like patiently to bear the burden of free quarter, and to make addresses to the Army for themselves, by Petitions to which they gave plausible answers, That this, and This was the sense of the Army: as if the sense of the Army had been the supreme Law of the Land, and to make addresses to the Parliament for the Army not to be disbanded (for which purpose their Agitators carried Petitions ready penned to be subscribed in most Counties.) The people being thus lulled asleep, 22 22 A quarrel against the City invented. they now cast about how to make benefit of a joint quarrel both against the Parliament and City, (since they could not separate them) or at least against the Presbyterian party in both; They had withdrawn their quarters (in a seeming obedience to Parliaments commands) 30 miles from London, (of which they often brag in their Papers) and presumed the suspension of the 11 Members, had struck such an awfulness into the Houses, that most of the Presbyterian Members would either absent themselves (as too many indeed did) or turn renegadoes from their own principles to them: but found themselves notwithstanding opposed, and their desires retarded (beyond their expectation) by the remainder of that Party. They must therefore find out a quarrel to march against the City, and give the Houses another Purge stronger than the former. The Army being principled, 23 23 The Army demand the City Militia to be changed into other hands. and put into a posture suitable to Cromwell's desire, and the Country charmed into a dull sleep, now was his time to pick a quarrel with the City, that what he could not obtain by fair means, he might effect by foul; To make them desert and divide from the Parliament; And leave it to be modelled according to the discretion of the Soldiery. He could not think it agreeable to policy, that this City which had slain his Compeer and fellow Prince Wat Tyler (the Idol of the Commons in Rich. 2. time) and routed his followers (four times as many in number as his Army) should be trusted with their own Militia: The City being now far greater, more populous and powerful then in his days. In a full and free Parliament upon mature debate, both Houses by Ordinance dated 4 May 1647. had established the Militia of the City of London for a year, in the hands of such Citizens as by their Authority & approbation were nominated by the Lord Major, Aldermen, and Common-council; and though the Army had recruited itself without Authority, and had got themselves invested with the whole power of all the Land forces of the Kingdom in pay of the Parliament; so that there was nothing left that could be formidable to them but their own crimes; and that it was expected they should go roundly to work upon those public remedies they had so often held forth to the people in their popular printed Papers: yet the Army (contrary to what they promised to the City in their Letter 10. June, and their Declaration, or Representation 14. June 1647. That they would not go beyond their desires at that time expressed, and for other particulars would acquiesce in the justice and wisdom of the Parliament (behold their modesty!) by a Letter and Remonstrance from Sir Thomas Fairfax and the Army, See the Letter and Remonstrance from Sir Tho. Fairfax and the Army, pag 8, 9 with unresistible boldness demand the Militia of the City of London to be returned into other hands, without acquainting the City or their Commissioners (than resident in the Army to keep a good correspondency with them) therewith. Upon which letter alone the House of Commons (being very thin, & many Members driven away by menaces) upon July 22. Voted the repealing the said Vote of 4 May, and a new Ordinance for reviving the old Militia, presently passed and transmitted to the Lords the same day about seven of the clock at night, and there presently passed without debate; though moved by some to be put off until the City (whose safety and privileges it highly concerned) were heard what they could say to it. Observe that neither by the said paper from the Army; nor by any man in the two Houses, any thing was objected against any of the new Militia. And indeed, formerly the Parliament never made choice of, enlarged or changed the City Militia, but they were still pleased first to communicate the same to the Common Council. A respect justly showed to that City which had been such good friends to them. But of late, since the Parliament have shifted their old Principles and Interests, they have learned to lay by their old friends. The pretence for this hasty passing the Ordinance, was to prevent the Armies so much threatened March to London, if the Houses refused to pass it; and the City's opposition, if not passed before their notice of it. But the real design was to strike a discontent and jealousy into the City, thereby to force them to some act of self-defence, which might give a colour to the Army to march up against them, and their friends in the Houses. The unexpected news of this changing their Militia, 24 24. The City troubled at the change of their Militia. caused the City (June 24. being Saturday) to meet in Common Council, where, (for some reasons already expressed) and because the repealing this Ordinance upon no other grounds than the Armies imperious desires, might justly be suspected, to shake all other Ordinances, for security of money, sale of Bishop's lands, I appeal to Colonel Harvy whether this did not fright him. by making them repealable at the Army's pleasure; they resolved to petition the Houses upon monday morning following, being 26. July, which they did by the Sheriffs, and some Common Council men: 25 25. The City petition the Houses for their Militia again. 26 26. The Tumult of Apprentices, 26. July. But so it happened that about one thousand Apprentices wholly unarmed came down two or three hours after with another Petition of their own to the Houses: Therein claiming, that to order the City Militia was the City's Birthright belonging to them by Charters, confirmed in Parliaments, for defence whereof they had adventured their lives as far as the Army. And desired the Militia might be put again into the same hands in which it was put with the City's consent by Ordinance, May 4. Upon reading these Petitions the Lords were pleased to revoke the Ordinance of July 23. and revive that of May the 4. by a new Ordinance of July 26. which they presently sent down to the Commons for their consents, where some of the Apprentices (presuming they might have as great an Influence upon the House to obtain their due, as the Army in pay of the Parl: had to obtain more than their due) in a childish heat were over-clamorous to have the Ordinance passed, refusing to let some Members pass out of the House, or come forth into the Lobby when they were to divide upon the question about it, (so ignorant were they of the customs of the House) which at last passed in the Affirmative about three of the clock afternoon: and then most of the Apprentices departed quietly into the City. After which, 27 27. The Tumult of Apprentices ceased, but artificially continued by Sectaries. some disorderly persons (very few of them Apprentices) were drawn together and instigated by divers Sectaries and friends of the Army who mingled with them (amongst whom, one Highland was observed to be all that day very active; who afterwards (26. Sept.) delivered a Petition to the House against those Members that sat, and was an Informer and Witness examined about the said Tumult) gathered about the Commons door and grew very outrageous, compelling the Speaker to return to the Chair after he had adjourned the House: and there kept the Members in until they had passed a Vote, That the King should come to London to Treat. This was cunningly and premeditately contrived, to increase the scandal upon the City; yet when the Common Council of London heard of this disorder as they were then sitting: they presently sent down the Sheriffs to their rescue with such strength as they could get ready (their Militia being then unsettled by the contradicting Ordinances of the Parliament) who at last pacified the Tumult, and sent the Speaker safe home; which was as much as they could do in this interval of their Militia, being the Houses own Act. The Lords adjourned until the next Friday; the Commons but until the next day. Tuesday morning the Commons sat again quietly, and after some debate adjourned until Friday next, because the Lords had done so. 28 28. The Speaker of the Commons complained of a report, that he meant to fly to the Army: yet ran away to the Army. The next day being Wednesday, the monthly Fast, the Speaker and Members met in Westminster Church: where the Speaker complained (in some passion) to Sir Ralph Ashton and other Members of a scandalous report, raised on him in the City, as if he intended to desert the House, and fly to the Army, saying, he scorned to do such a base, unjust, dishonourable act; but would rather die in his House and Chair: which being spoken in a time and place of so much reverence and devotion, makes many think his secret retreat to the Army (the very next day) proceeded not so much from his own judgement, as from some strong threats from Cromwell and Ireton (who were the chief contrivers of this desperate plot to divide the City and Houses, and bring up the Army to enthrall them both) That if he did not comply with their desires, they would cause the Army to impeach him for cozening the State of many vast sums of money. And truly, I remember I have seen an intercepted Letter, sent about the time of his flight, from the Army to William Lenthall Speaker, 29 29. The City proclaim against Tumults. without any name subscribed to it, only the two last lines were of John Rushworth's hand; earnestly importuning him to retire to the Army, with his friends. On Thursday morning early, the newly renewed Militia of London, made public protestation throughout the City and Suburbs, and set up printed Tickets at Westminster: That if any persons should disturb either of the two Houses, or their Members, the Guards should apprehend them, and if resistance were made, kill them: yet notwithstanding, the Speaker and his party (carrying the causes of their fear in their own consciences) in the evening of that day secretly stole away to Windsor to the Head quarters. Upon Friday morning at least 140. 30 30. The Houses appear, the Speakers being at the Army. of the Members assembled in the House (they that fled being about 40.) whither the Sergeant coming without his mace, being asked where the Speaker was? answered, he knew not well; that he had not seen him that morning, and was told he went a little way out of Town last night; but said, he expected his return to the House this morning: after that, being more strictly questioned about the Speaker, he withdrew himself, and would not be found, till the House (after four hours expectation; and sending some of their Members to the Speakers house, who brought word from his servants, 31 31. New Speakers chosen. that they conceived he was gone to the Army) had chosen a new Speaker, Mr. Henry Pelham, and a new Sergeant, who procured another mace. The like (mutatis mutandis) was done by the Lords, to prevent discontinuance and fayler of the Parliament for want of Speakers to adjourn and continue it; and take away all scruples. As for the Petition and Engagement of the City (so much aggravated by the Independent party) it was directed to the Lord Major, Aldermen, and Common Council from divers Citizens, 32 32. Petition and engagement of the City. Commanders and Soldiers, and was occasioned by some intelligence they had, that the Army would demand an alteration of the City Militia, in order to a design they had against the City. It was only intended to the Common Hall, but never presented, as the Soldier's Petition was to their General, which being taken notice of by the Parliament as it was in agitation, was so much resented by the Soldiery as to put themselves into the posture they are now in (as Lieut. Col. Lilburne says in one of his Books) to act no longer by their Commissions, but by the principles of nature and self-defence. Nor did the said engagement contain any thing but resolutions of self-defence in relation to the City: so that we cannot see what the Army had to declare their sense upon it in their Letter, 23. July. and so put a prejudice upon it in the Houses. I have insisted the more particularly upon this Grand Imposture as being the anvil upon which they hammered most of their subsequent designs, violences and illegal accusations. 33 33. Votes passed after new Speakers chosen. The new Speakers chosen; the two Houses proceeded to vote and act, as a Parliament. And first, the House of Commons voted in, the eleven impeached Members; next they revive and set up again the Committee of Safety by Ordinance of both Houses enabling them to join with the Committee of the restored City Militia: giving power by several Ordinances to them, to List and Raise Forces, appoint Commanders and Officers, Issue forth Arms and Ammunition for defence of both Houses and the City against all that should invade them: Which votes and preparations for their safe defence (warranted by the same law of nature as the Armies papers affirm) were not passed, nor put in execution until the Army (every day recruited contrary to the Houses Orders) were drawing towards London, and had with much scorn disobeyed the Votes and Letter of both Houses, prohibiting them to come within thirty miles of London. 34 34. Members emgagement with the Army. The Army, to countenance their Rebellion, draw the two Speakers and fugitive Members to sit in consultation and pass Votes promiscuously with the Council of War in the nature of a Parliament, and to sign an Engagement (dat. 4. August.) to live and die with Sir Tho: Fairfax and the Army under his command; affirming therein that generally throughout their sense agreeth with the Declaration of Sir Tho: Fairfax, and his Council of War: showing the grounds of their present advance towards the City of London. In which Declaration the Council of the Army take upon them, To be supreme Judges over the Parliament: Telling you who of the two Houses they hold for persons in whom the public trust of the Kingdom remaineth, and by whose advice they mean to govern themselves in managing the weighty affairs of the Kingdom: They declare against the late choice of a new Speaker by some Gentlemen at Westminster; and that as things now stand there is no free nor legal Parliament sitting, being through the violence (29. July) suspended. That the Orders and Votes, etc. passed 26 July last, and all such as shall pass in this Assembly of some few Lords and Gentlemen at Westminster are void and null, and ought not to be submitted unto. Behold here, not only a power without the Parliament Houses, judging of the very essence of a Parliament, and the validity of their resolutions, but usurping to themselves a Negative voice, which they deny to the King; and yet a Schismatical faction in the two Houses complying with them, and betraying and prostituting the very being, honour, and all the fundamental Rights and Privileges of this and all future Parliaments, to an Army of Rebels who refuse to obey their Masters, and disband. This engagement so over-leavened the Army, that their brutish General sent forth Warrants to raise the Trained Bands of some Counties, to March with him against the City and both Houses: Although Trained Bands are not under pay of the Parliament; and therefore not under Command of the General, by any Order or Ordinance. But, what will not a fool in Authority do, when he is possessed by Knaves? Miserable man! His foolery hath so long waited upon Cromwell's and Iretons knavery, that it is not safe for him now to see his folly, and throw by his Cap with a Bell and his Babble. The Earl of Essex died so opportunely, that many suspected his death was artificial. Yet the City were so desirous of Peace, 35 35. The City send Commissioners to the Army, Fowkes, Gibs, and Eastweck, by which they are betrayed. that they sent Commissioners sundry times to the Army to mediate an Accord; who could obtain no more equal terms of Agreement then that, They should yield to desert both Houses and the impeached Members: Call in their Declaration newly Printed and Published: Relinquish their Militia: Deliver up all their Forces and Line of Communication to the Army; together with the Tower of London, and all the Magazines & Arms therein: Disband all their Forces: Turn all the Reformadoes out of the Line: Withdraw all their Guards from the Houses: Receive such Guards of Horse and Foot within the Line, as the Army should appoint to Guard the Houses: Demolish their Works: And suffer the whole Army to March in Triumph through the City, as Conquerors of it and the Parliament, and (as they often give out) of the whole Kingdom: Terms which they might have had from the great Turk, had he sat down before them and broken ground. All which was suddenly and dishonourably yielded to, and executed accordingly, by such an Army as was not able to fight with one half of the City, had they been united: But they are the Devil's seedes-men, and have sown the Cockle of Heresy and Schism, so abundantly in City and Country (especially amongst the more beggarly sort) that these men joining Principles and Interests with the Army, weaken the hands of all opponents. They often brag that they made a civil March, free from Plunder: I Answer, they neither durst, nor could do otherwise: their Soldiers being ill Armed, and so few, that they were not able to keep stands in the streets, and keep the Avenues while their fellows dispersed to Plunder. Charles 8. with a far greater, and more Victorious host, durst not offer violence to the far less City of Florence when Signior Caponi put an affront upon him in the Townhouse; Bidding him beat his Drums, and they would ring their Bells. 36 36. The fugitive Members returned. Upon the 6 of Aug. 1647. the General brought the fugitive Speakers and Members to the Houses with a strong Party, (who might have returned sooner without a Guard, had not their own crimes & designs hindered them) the two Palaces filled with armed guards, double files clean through Westminster-Hall, up the stairs to the House of Commons, and so through the Courts of Request to the Lords House, and down stairs again into the old Palace. The Soldiers looking scornfully upon many Members that had sat in the absence of the Speaker, and threatening to cut some of their throats. And all things composed to so ridiculous a terror, as if they would bespeak (without speaking) the absence of those Members that sat Placed the Speakers in the Chairs without Vote, out of which they had been justly Voted for deserting their calling; where the General was placed in a Chair of State (enough to make a fool of any man that was not fit for it) and received special thanks for his service from both Speakers. And in the second place, a day of thanksgiving was appointed to God; (I think) for his patience in not striking these Atheistical Saints with thunder and lightning for making him a stolen to their premeditated villainies. Here Sir Thomas Fairfax with a breath (and before any man that was not privy to the design could recover out of his amazement) was made Generalissimo of all the Forces and Forts of England and Wales; to dispose of them at his pleasure: Constable of the Tower of London. The Common Soldiers Voted one months' gratuity, besides their pay (the Commons being in good case to give gifts before they paid debts:) left to the discretion of the General to set what Guards he pleased upon the two Houses. Whereby you may perceive in what unequal condition those Members that did not run away with the Speaker, do now sit; after so many reiterated threats of the General against them in his printed Papers. After this, the General, Lieutenant General, and the whole Army, 37 37. The Armies March in Triumph through the City: with other subsequent Acts. with the Train of Artillery, marched through London in so great pomp and triumph, as if they would have the people understand that the Authority of the Kingdom (in whose hands soever it remains in these doubtful times) must submit to the power of the sword, the hilt and handle whereof they hold. They turn out the Lieutenant of the Tower without cause shown. The consequencies of these two actions were, that immediately the City decayed in Trade above 200000 l. a week; and no more Bullion came to the Mint. They displace all other Governors, though placed by Ordinance of Parliament, and put in men of their own party; for this encroaching faction will have all in their own hands. They altar and divide the City of London, setting up particular Militia's at Westminster, Southwark, and the Hamlets of the Tower, that being so divided they may be the weaker. Demolish the Lines of Communication; that the City and Parliament may lie open to Invasion when they please; and fright many more Members from the Houses with threats, and fear of false Impeachments. The 11. Impeached Members having leave by Order of the House, and licence of the Speaker some to go beyond Sea; and Anthony nichols to go into his own Country to settle his Affairs: some of them (as Sir William Waller and M. Den: Hollis) were attached upon the Sea; nichols arrested upon the way into Cornwall by the Army, and despitefully used; and when the General was inclined to free him, Cromwell (whose malice is known to be as unquenchable as his nose) told him he was a Traitor to the Army. You see now upon whom they mean to fix the people's allegiance, (for where no Allegiance is, there can be no Treason) and to what purpose they have since by their 4. Votes (first debated between the Independent Grandees of the Houses and Army) laid aside the King. Col: Dirch formerly employed for Ireland by the Parliament, was imprisoned, and his men mutinyed against him by the Army: and Sir Sam: Luke resting quietly in his own house, was there seized upon and carried Prisoner into the Army. All these acts of terror were but so many Scarecrows set up to fright more Presbyterians from the Houses, and make the Army masters of their Votes. 38 38. Proceed of both Houses under the power of the Army. I must in the next place fall upon the proceed in both Houses, acted under the power and influence of this all-inslaving, all-devonring Army, and their engaged party. To attain the knowledge whereof, I have used my utmost industry and interest with many my near friends and kinsmen sitting within those walls, heretofore (when Kings, not Brewers and Draymen, were in power) the walls of public liberty. 39 39 Ordinance to null and void all Acts passed in absence of the two renegado Speakers. The Lords that sat in absence of the two Speakers (all but the Earl of Pembroke, whose easy disposition made him fit for all companies) found it their safest course to forbear the House, leaving it to be possessed by those few Lords that went to, and engaged with the Army: which engaged Lords sent to the Commons for their concurrence to an Ordinance, To make all Acts, Orders and Ordinances passed from the 26 July (when the tumult was upon the Houses) to the 6. of August following (being the day of the fugitive Members return) void and null ab initio. This was five or six several days severally and fully debated, as often put to the Question, and carried in the Negative every time: yet the Lords still renewed the same Message to them, beating back their Votes into their throats, and would not acquiesce, but upon every denial put them again to roll the same stone, contrary to the privileges of the Commons. 40 40. Menaces used by the engaged party in the House. The chief Arguments used by the engaged party were all grounded upon the Common places of fear and necessity: M. Solicitor threatening if they did not concur, the Lords were resolved to vindicate the Honour of their House, and sit no more: they must have recourse to the power of the sword; the longest sword take all. That they were all engaged to live and die with the Army. They should have a sad time of it. Hasterig used the like language; farther saying, Some heads must fly off; and he feared the Parliament of England would not save the Kingdom of England, they must look another way for safety. They could not satisfy the Army but by declaring all void ab initio; and the Lords were so far engaged, that no middle way would serve. To this was answered, that this was an Appeal from the Parliament to the Army. And when these and many more threats of as high nature were complained of as destructive to the liberty and being of Parliaments, the Speaker would take no notice of it. Sir Henry Vane junior, Sir John Evelin junior, Prydeaux, Gourdon, Mildmay, Tho: Scott, Cornel: Holland, and many more, used the like threats. Upon the last negative (being the fift or sixth) the Speaker (perceiving greater enforcements must be used) pulled a Letter out of his pocket, from the General and General Council of the Army, 41 41. A threatening Remonstrance from the Army to the House. (for that was now their style) pretending he then received it; But it was conceived he received it over night, with directions to conceal it, if the Question had passed in the Affirmative. It was accompanied with a Remonstrance full of villainous language and threats against those Members that sat while the two Speakers were with the Army: calling them pretended Members, Charging them (in general) with Treason, Treachery, and breach of Trust: And protested if they shall presume to sit before they have cleared themselves; that they did not give their assents to such and such Votes, they should sit at their peril, and he would take them as Prisoners of War, and try them at a Council of War. What King of England ever offered so great a violence to the fundamental Privileges of Parliament, as to deny them the Liberty of Voting I and No freely? Certainly the little finger of a Jack Cade or a Wat Tyler, is far heavier than the loins of any King. Many Members were amazed at this Letter, and it was moved, That the Speaker should Command all the Members to meet at the House the next day, and should declare, That they should be secured from danger: And that it might be Ordered that no more but the ordinary Guards should attend the House. But these two motions were violently opposed with volleys of threats by the aforesaid parties and others. And after more than two hours' debate, the Speaker refused to put any question upon them, or any of them; and so adjourned to the next morning, leaving the Presbyterian Members to meet at their Peril. The next day being Friday, the 20 Aug. there was a very thin Assembly in the House of Commons; the House having with so much violence denied protection to their Members the day before, made most of the Presbyterian party absent. Some went over to the Independent party: others fate mute. At last a Committee was appointed presently to bring in an Ordinance of Accommodation; which was suddenly done and passed, and is now Printed at the latter end of the said menacing Remonstrance of the Army: a Child fit to wait upon such a Mother. 42 42. Debate in passing the Ordinance of null and void. Thus was this Ordinance of null and void got (which hath been the cause of so much danger and trouble to Multitudes of people) by the Lords reiterated breaches upon the Privileges of the House of Commons. The engaged parties threats within doors: The Armies thundering Letters and Remonstrance: Their Guards upon their doors, and a Regiment or two of Horse in Hide Park, ready to make impressions upon the House, in case things had not gone to their minds: divers of whose Commanders walking in the Hall, enquired often how things went, protesting they would pull them forth by the Ears if they did not give speedy satisfaction. Thus for the manner of passing that Ordinance; the matter of Argument used against it was (as far as I can hear) to the purpose following. It was alleged that the force upon Monday 26 July, ended that day, that the next day being Tuesday, the House met quietly and adjourned. That upon Friday following, the Houses fate quietly all day, and gave their Votes freely and so forward; the City having sufficiently provided for their security. That this tranfient force upon Monday, could have no influence on the Houses for the time to come. That the Supreme power of no Nation can avoid their own acts by pretended force. This would make the common People, the Jurors, and Judges to question all acts done in Parliament, since one man can, and may judge of force as well as another. This were to being the Records of the House into dispute: Magna Charta was never gotten nor confirmed but by force; force was threefold: upon one or both Houses; or upon the King, in giving His Royal Assent; neither could plead it, the Parliament is presumed to consist of such men as dare lay down their lives for their Country. When the King came with force to demand the 5 Members; when the City came down crying for Justice against the Earl of Strafford; when the women came down crying for Peace; when the Reformadoes came down in a much more dangerous Tumult than this of the unarmed Prentices; yet the Houses continued sitting and Acting, and none of their Acts were nullified. That to make their Acts, Orders and Ordinances void ab initio, would draw many thousand men who had acted under them into danger of their lives and fortunes, who had no Authority to dispute the validity of our Votes: we must therefore give them power to dispute our acts hereafter upon matter of fact; for to tie men to unlimited and undisputable obedience to our Votes, and yet to punish them for obeying whensoever we shall please to declare our acts void, ab initio, is contrary to all reason. If to act upon such Ordinances were criminal, it was more criminal in those that made them. And who shall be judges of those that made them? Not the Members that went to the Army; They are parties preingaged to live and die with the Army; and have approved the Army's Declaration, calling those that sat, a few Lords and Gentlemen, and no Parliament: they have joined with a power out of the Houses to give a Law to, and put an engagement upon both Houses; a precedent never heard of before, of most dangerous consequence, it takes away the liberty of giving I and No freely, being the very life of Parliaments: If all done under an actual force be void, it is questionable whether all hath been done this 4 or 5 years be not void; and whether His Majesty's Royal Assent to some good Bills passed this Parliament, may not be said to have been extorted by force: if the King's Party prevail, they will declare this Parliament void, upon the ground yourselves have laid. 1 Hen. 7. That King urged the Parliament to make voide ab initio, all Acts passed Rich. 3. which they refused upon this ground: That then they should make all that had Acted in obedience to them liable to punishment, only they repealed those Acts. The debate upon this Ordinance of null and void, held from Monday 9 of Aug. to the 20 Aug. (when it was passed) but not without some interloaping debates of something a different na-nature, yet all looking the same way: occasioned by Messages from the Lords: Namely, once upon a Message from them, The said Declaration, from Sir Thomas Fairfax and his Army, 43 43. The Lord's Message to the Commons to approve the Declaration of the Army. concerning their advance to London was read & debated in gross, whether the Commons should concur with the Lords in approving it? But almost all but the engaged Party and their Pensioners distasted it, it was laid by without any question put, lest it should prove dangerous to put a Negative upon their Masters of the Army. Yet many menaces (according to custom) were used by the engaged party to get it passed; Hasterig affirming that those Gentlemen that sat and voted for a Committee of safety, 44 44. The Committee of safety. and the Kings coming to London, did drive on the design of the City protestation and engagement. To which was Answered, That the Committee of safety was not then newly erected by those which sat, but the old Committee revived by that Vote, which had been long since erected in a full & free Parliament, when the Army first mutinyed and threatened to March to London: and for the same ends; Defence of Parliament and City. And for the Kings coming to London, it was Voted only to get Him out of the power of the Army; as formerly in a full and free Parliament he had been voted to Richmond for the same reason. 45 45. A Committee to examine the Tumult. Upon another Message from the Lords, the Commons concurred in an Ordinance to erect a Committee of Examinations to inquire into, and examine the City Petition, engagement, and the force upon the Houses 26 July, and all endeavours to raise any forces, 46 46. A Sub-committee of Secrecy selected to examine the Tumult. etc. This Committee consisted of 22 Commons besides Lords, almost all of them Members engaged with the Army: but because there were some three or four Presbyterians gotten in amongst them, to shut these Canaanites forth, that the Godly, the true seed of Israel might shuffle the Cards according to their own mind, the 13 Aug. after (upon another Message from the Lords) there was a Sub-committee of Secrecy, named out of this grand Committee of Examinations, to examine upon Oath. The persons were, the Earl of Denbigh and Mulgrave, Lord Grace of Wark, Lord Howard of Escrig, Sir Arthur Hasterig, Mr. Solicitor, Gourdon, Miles Corbet, Alderman Pennington, Allen, Edwards, Col: Venus, or any three of them. All persons engaged to live and die with the Army, and now appointed to make a clandestine scrutiny, and search into the lives and Actions of the Presbyterian party that sat in Parliament doing their duty, when the engaged party fled to the Army, and brought them up in hostile manner against them. The unreasonableness of this way of proceeding was much urged; 47 47. Debate upon the passing the Committee of Secret examinations. and farther alleged that it was neither consonant to the Customs of the House, nor unto common reason, That a Sub-committee should be chosen out of the Grand Committee of examinations, with more power than the Grand Committee itself had, and excluding the rest of the Committee, under the pretence of secrecy. Besides, it was against the privilege of the House of Commons, that the Lords should nominate the Commons in that Sub-committee as well as their own Members. But the Independent Grandees would have it pass. Breach of Privilege, and all other considerations are easily swallowed when they are subservient to their present designs. The party engaged were resolved to be Examiner's, Informers, 48 48. The manner of prosecution and proceeding upon the Tumult. and witnesses, as well as parties, (so active was their malice) and had so well packed the Cards, that eight or nine Schismatical Lords engaged likewise with them, and the Army should be judges of the Presbyterian party that sat in absence of the two Speakers, the better to give the two Houses a through Purge, and make them of the same complexion with the Army: without which they had no hopes to divide the power and profit of the Land between themselves by 10000 l. 20000. l. in a morning shared amongst the godly; and to make the whole Kingdom to be Gibeonites, hewers of wood, and drawers of water to the faithful. In order to the playing of this game, 49 49. Miles Corbet makes report of Examinations taken at the close Committee. First, against the Committee of Safety. Miles Corbet (Interpreter to that State-puppet-play behind the curtain, commonly called The close Committee of examinations) upon the 3. Septemb. stood up and began his Report from that Inquisition, saying, he would begin with the Committee of safety, wherein many Members were concerned; and it was necessary to purge the Houses first. But farther said, he would suppress the Nantes of many of his Witnesses, because the Depositions he should report were but prepatory examinations, and it would be for service of the State to conceal their names. He first produced many Warrants signed at the Committee of Safety by the Earls of Pembroke, Suffolk, Middlesex, Lincoln, Lord Willoughby of Parham, Maynard, Mr. Hollis, Sir Phil: Stapleton, Sir William Waller, Mr. Long, Mr. nichols, Sir William Lewes, Mr. Baynton. Next, Corbet reported he had a Witness who deposed that a Gentleman with a red head had signed many Warrants, supposed to be Mr. Edward Baynton: Against Master Baynton. at length after much wyer-drawing of the business, one Warrant was shown to Mr. Baynton, which he confessed to be his hand. And presently Haslerigge moved that Mr. Baynton might forthwith Answer: against which was objected, That since these were but preparatory examinations, not legal proofs, no man was bound to answer them: otherwise a man shall be put to as many several answers as several new matters of Charge come in against him, and shall day by day be liable to new vexations, and never know when he hath cleared himself. But Corbet (who of an Examiner was now become the King's Solicitor, or Advocate Criminal) moved to proceed to judgement against him: but first to ask him some preparatory questions. But it was answered, that it was illegal to squeeze examinations out of a man's own mouth; neither was a man bound to answer, where his words may condemn, but not absolve hi●: for so much as depends upon the testimony of Witnesses against this Gentleman, you cannot proceed unless he be by, and have liberty to put cross questions to the Witnesses. It is alleged, Warrants were signed, and all done in relation to a new war. It is answered, it was done in order to self-defence (allowable by the Laws.) Long before this occasion, when the Army first mutinied and threatened to march up to London, and use such extraordinary means against the Parliament and City as God had put into their hands, you then in a full and free Parliament appointed a Committee of safety for your defence, who sat and acted. This Committee was but the same revived, and upon the like or worse threats and menaces, as by the many printed Papers from the Army will appear; you have no Testimony against this Gentleman by name, but only a Character of his hair: and for signing the Warrant confessed by himself he is acquitted by the Proviso of the Ordinance, 20. August last, which excepteth only such as acted upon the force, But when the Committee of safety was revived, the Parliament was freer from force than it is how. Mr. Baynton notwithstanding was adjudged to be suspended the House during pleasure of the House, which is as much as to say, So long as the Tyranny of this domineering Faction lasteth. The 4. Against Master Walker. of Sept. Corbet reported he had a Witness (but named him not, because they were but preparatory examinations) who deposed that an elderly Gentleman of low stature, in a grey suit, with a little Stick in his hand, came forth of the House into the Lobby when the Tumult was at the Parliament door, and whispered some of the Apprentices in the ear, and encouraged them, (supposed to be Mr. Walker.) Mr. Walker denied he spoke then with any man in the Lobby, or saw any face that he knew there; and so neglected the business as a thing not considerable. But the next day Corbet moved that Mr. Walker might be ordered to put on his grey Suit again and appear before the Close Committee, and the Witness, who saith he knoweth him again if he see him. I hear Mr. Walker desired to know (seeing the Witness had not named him) by what authority the Examiner's should take such a Deposition, and make application thereof to him: and seeing there were many Gentlemen in the House that day with whom that Character agreed as well as with himself, why the Reporter did not move that all to whom that Character was appliable might be put to that test as well as himself, but singled him out for a mark to shoot at: complaining he was not ignorant out of what Quiver this Arrow came: he had been threatened with a Revenge by some of that Close Committee, and had other enemies amongst them, that could by't without barking. He told them that yesterday Mr. Corbet Reported that the supposed old man whispered, etc. but desired those that were then in the House to call to mind that the noise was then so great in the Lobby that no whisper, nay the loudest words he was able to speak could not be heard. Then Corbet changed his Tale, saying, the words were, What you do, do quickly: and were spoken aloud: and said, the Character agreed best with Mr. Walker, for that the Deponent said, the Gentleman was a Lean meager man. Here Mr. Walker desired the House to take notice that the Reporter had twice varied his Report. 1. In the words spoken, from a whisper to loud speaking. 2. In the Character enlarged with the words lean and meager. Here is Hayle-shot provided, if one miss, the other must hit; Yet with this addition, there were divers in the House with whom the Character agreed as well as with himself. And by the incivility of his words, it should seem the Witness is a man of no breeding: wherefore he desired to hear his Name, that he might inquire of his credit and repute. If the Reporter thinks he may be practised, he doth not think him a man of honesty: and then he had more cause to suspect him. He farther complained, that to make Hue and Cry after him (as it were upon fresh suit) upon a character of his person and five or six weeks after the supposed fact, (he never having absented himself one day from the House) favoured too much of a party overswayed with malice and Revenge. Your close Committee of examinations carry on businesses so in the dark (being parties engaged with the Army, and not sworn to be true in their office) that no man can see how to defend himself, or how he is dealt with, or when he is free from trouble and danger: It seems we are here called ex tempore to answer for our lives, ore tenus; And our Accusation beginneth with the examination of our persons: to make us state a Charge against ourselves, to betray ourselves, and cut our own throats with our tongues, contrary to Magna Charta, the Petition of Right, and all those laws of God and man, which in the KING'S time, were in use. And no Witnesses are produced, nor so much as named: methinks therefore we are compelled to play at blind-man-bough for our lives, not seeing who strikes us. You have the most summary way of hanging one another that ever I saw; It is a kind of Star-Chamber proceeeding in matter of life and death; your secret examinations savour so much of the Spanish Inquisition, and of the Council of troubles erected by the Duked' Alva in the Low-countries (called Concilium Sanguinis) that they can never agree with the laws and nature of our Nation: If our Kings shall imitate you hereafter, they will be the greatest Tyrants in the world. Formalities and privileges of Court, derogating from the common rules of Law, and practice of the land, are but curtains drawn before oppression and tyranny to dazzle men's eyes. Give me leave to tell you that I have served you faithfully from the beginning, and have taken as much pains, and run as many hazards as most men in your service, wherein I have lost my health and above 7000l. of my Estate, without one penny compensation, as other men have had, nor have I laid my hands upon any man's money or goods, or had any gainful employment from you: I contented myself to serve my Country gratis: and with some little Honour I had gotten thereby; whereby, you have now Robbed me, by a Roving accusation shot at Random at me. Had I cheated the State of 40000l. or 50000l. peradventure I might have been thought a godly, confiding man, of right principles, and have had 10000l. given me for my pains. Sir, you have heard the voice of a Freeman (not of a Slave) that dares keep his first principles, Religion, Laws, and just Liberties whosoever lays them aside; and protest against Tyranny and Oppression, wheresoever he finds it, whether in the Government of one or many. You may murder me by the Sword of Justice, but you cannot hurt me: but deliver me from the evils to come. Nor shall I be unwilling to suffer a Goal-delivery of my soul from the prison of my body when I am called to it. When Mr. Walker had done his defence, the debate followed, much to this purpose, That to order him to appear in his Grey suit before the close Committee and Witness was illegal, and against the Laws and Liberties of the Subject. 1. It is to help another to accuse himself; which is all one as if he did accuse himself. 2. To bid a Witness look upon a man (after he is engaged to name some body) is to prompt him to go no farther than the party shown. 3. A Witness ought not to be twice examined against a man. That is, to draw him on by degrees to swear home, and to mend in his second Deposition what fell short in his first. 4. If the Witness first depose to the matter, not naming the party, and five or six weeks after declare the Person, without oath, this is no Deposition, and if the Oath be renewed the Witness is twice examined. So the business was laid by, and Corbet allowed to show Mr. Walker casually as he could meet with him to his witness, which was (in a manner) to draw dry foot after him with his bloodhound. I was the more curious in gathering the circumstances of this business out of the reports of many several men, in regard of the rareness of the case, and the exquisiteness of the malice with which it was prosecuted. And it seemed to me the more admirable, because I hear generally that Mr. Walker hath always been opposite to all parties and factions, both Presbyterian and Independent, upon whom he looks as the common disturbers both of Church and Commonwealth, and enemies of peace. Nor could he ever be persuaded to be at any of their Juntoes or secret meetings; and therefore it is not probable he should suddenly and in the open view of the House go forth and engage with a company of silly unarmed Apprentice Boys. But I hear they cannot endure his severity, nor he their knavery. What will not the malice of a desperate anabaptistical faction attempt? they have long sported in the blood and treasure of the land, as the Leviathan doth in the waters: and do now keep up a numerous Army to carry on those designs by force, which they can no longer make good by fraud. All England is become as Munster was, and our Grandees suitable to John of Leyden, and Knipperdolling. Against Master Recorder Glyn. The next report Corbet made concerning Mr. Recorder Glyn. The chief things objected were, That he had frequented the Common Council, the Committees of the Militia, and safety, more than he was w●nt to do: That he was silent and made no opposition: And that he gave thanks to the Apprentices when they delivered their Petition to the City, offering their help for defence thereof against whomsoever. The Recorder answered, the Charge was long, and his memory short: He desired time to examine his memory, concerning the circumstances of time, place, persons, and other matters; and that he might examine witnesses for clearing his innocency. But his Prosecutors (hoping to do more good upon him by way of surprise, then in a deliberate and legal way of proceeding) put him upon it to answer ex tempore. He confessed and avoided some things, but denied the most material. He denied he was more frequent at their meetings then ordinary. For his silence, he alleged he was but the City's servant and had no voice amongst them, but when his opinion was demanded: That he gave thanks to the Apprentices as a servant by command, yet had mixed some admonitions and Reprehensions in speech to them. So the Recorder withdrew. And presently Hasterig (according to his custom) moved judgement might be given against him. To which was answered, that the Recorder denied 〈◊〉 principal parts of his Charge; and offered proofs by witnesses: you must give him that leave, or take all parts of his speech for granted; as well what makes for him, as against him. Two or three days more will make this business ripe for judgement: let him have one judgement for all. If you judge him now to be expelled the House, he is already forejudged, & that will be a leading case to a farther judgement: For who dares acquit where you have condemned? A man ought to be but once judged upon one accusation. The dishonour of expulsion is a punishment exceeding death. If you judge now upon one part of the Accusation, and hereafter upon another part of the Accusation, he will be twice condemned upon one Accusation. And shall never know when he hath satisfied the Law; an endless vexation. Yet Hasterig moved he might receive judgement now, for what was already proved or confessed, to be expelled the House; (saying, the Lords went on without obstruction in their businesses, because they had purged their House) and that he might be farther impeached hereafter upon farther hearing. So he was adjudged to be discharged the House, committed to the Tower, and further impeached hereafter. Sir John Maynard the same day was called to Answer. Against Sir John Maynard. He desired a Copy of his Charge, with leave to Answer in writing by advice of Council, as the 11 Members formerly did: To examine witnesses on his part, and cross examine their witnesses. But these requests were denye●, and he Commanded to answer ex tempore. He gave no particular Answer, but denied all in general: as Col: Pride (whom he cited for his Precedent) had formerly done at their Bar. He was adjudged to be discharged the House, committed to the Tower, and farther impeached. The like for Commissary General Copley whose case differed little. The 8 of Sept. the Earl of Suffolk, Lincoln, Middlesex, Against the 7 Lords. the Lords Barkley, Willoughby, Hunsdon, and Maynard were impeached of High Treason, in the name of the Commons of England, for levying war against the King, Parliament, and Kingdom. The Earl of Pembroke (then sent to Hampton-Court with the Propositions on purpose to avoid the storm) was omitted until Wednesday following, and so had the favour to be thought not worth remembering. Sir John Evelyn the younger sent up to the Lords with the Impeachment, and a desire they might be committed. They were committed to the Black Rod. And so the engaged Lords had their House to themselves according to their desires. 50 50. Schismatical Petitions. The 14. Sept. a Petition from divers Schismatics in Essex came to the Houses, bearing this Title, To the Lords and Commons in Parliament assembled, distinct from those Lords and Commons that sat in absence of the two Speakers. 16. Sept. a Petition from divers Sectaries of Oxfordsh: Bucks: Berkesh: was delivered the House against divers Members sitting in the House, enemies to God and Godliness, enemies to the Kingdom, etc. Usurpers of Parliamentary Authority, who endeavoured to bring in the King upon His own Terms. They desired a free Parliament, and that (according to the desires of the Army) those that sat when the Parliament was suspended in absence of the two Speakers, might be removed: there was a clause against Tithes, etc. in it. Such another Petition came but the day before from Southwark. These Petitions were all penned by the engaged party of the Houses and Army, and sent abroad by Agitators to get subscriptions. The aim of these Petitions. The design was to put the two parties in the House into heights one against another, to make the lesser party in the House (viz. the engaged party but 59) to expel the greater party being above 140. whereby the House might be low and base in the opinion of the people, and no Parliament, and so leave all to the power of the Sword. The Army daily recruiting, and thereby giving hopes to all lose people, that the Army should be their common Receptacle, as the Sea is the common Receptacle of all waters; because those who had no hope to be Members of Parliament might become Members of this Army. Besides their plausible way of prompting the people to petition against Tithes, Enclosures, and Copy hold fines uncertain, was to encourage them to side with the Army against all the Nobility, Gentry, and Clergy of the hand, (from whom the Army did most fear an opposition) and to destroy Monarchy itself: since it is impossible for any Prince, to be a King only of Beggars, Tinkers, and Cobblers. But these interloping discourses omitted, let us again return to these prodigious Impeachments. Against the Lord Mayor, aldermans and Citizens. The next in order comes in the Lord Mayor, aldermans, and Citizens, with whom short work was made. Impeachments were sent up to the Lords against them, and they sent to the Tower, upon a bare report of the Inquisitor General Corbet, and the reading of some depositions, the Witnesses names for the most part concealed, and none of them so much as called to the Commons Bar to see what they could say for themselves: Contrary to Magna Charta, 29. chap. and contrary to 28 Edw. 3. enacting, that no man shall be put out of his Land, etc. nor taken, nor Imprisoned, etc. nor put to death, etc. without being brought to answer by due process of Law. That is according to the Stat. 42 Edw. 3. ch. 3. That no man be brought to answer without presentment before Justices, or matter of Record, or by due process, or writ original, according to the old Law of the Land: not according to new invented Articles of impeachment, but according to those Laws that were well known, and old in Edw. 3. time: see Stat. 37 Edw. 3. 1 Edw. 6. ch. 12. 6 Edw. 6. ch. 11. and the Stat. 25 Ed. 3. saith, no man shall be taken by Petition or sugestion made to the King, or his Council, etc. and the House of Peers is no more but the King's Council, as anon I shall make evident. It was moved by divers that these Gent: 51 51. Arguments against impeachments before the Lords. might be Tried according to Law at the King's Bench by a Jury of twelve men de vicineto, their Peers and equals to judge of matter of fact: alleging that the Common Law was the Birthright of all the free people of England: which was one of the three Principles for which the Parl: so often declared in print that they fought, and for defence whereof they had entered into a Covenant, with their hands lifted up to God: the other two principles were Religion and Liberties. 1. The Lords were not Peers to the Commoners: At the Common Law they shall have sworn Judges for matter of Law, of whom they may ask questions in doubtful points, nor can they be Judges in their own cases. 2. They have sworn Jurors of the neighbourhood for matters of fact, whom they may challenge. 3. The known Laws and Statutes for rules to judge by, which in case of Treason is the Stat. 25 Edw. 3. you cannot Vote nor declare a new Treason: And if you could, to do it ex post facto, is contrary to all rules of justice: The Apostle saith, Sin is a breach of a Commandment (or Law:) I had not known sin but by the Law: the Law therefore most go before the Sin. 4. At the Common Law, They have Witnesses openly and newly examined upon oath before the Accused's face, who may except against them, and cross examine them. 5. Even in Star Chamber and Chancery (where only hear are upon Testimonies) the Examiner's are sworn Officers. 6. A man hath but one Trial and Judgement, upon one accusation: so that he knows when he hath satisfied the Law. In this way of proceeding, all these necessary legalities are laid by: and these Gentlemen have not so much fair play for their Lives and Estates as Naboth had for his Vineyard: he had all the formalities of the law: yea, he had law itself: yet he had not justice: because they were the sons of Belial that were set before him: what shall we conceive these Witnesses are that do not appear? nay, whose very names are concealed? yet Naboth was murdered by the sword of Justice: for the honour of Parliaments give not the people cause to suspect, these Gentlemen shall be so too: non recurrendum ad extraordinaria, quando fieri potest per ordinaria. But all this was but to charm a deaf Adder: the nine or ten engaged Lords that then possessed the House, were thought to be fit than a Jury of Middlesex to make work for the hangman, 52 52. Arguments proving the Lords to have no power of judicature over the Commons. and yet they have no Judicature over the Commons: as appears by the the precedent of Sir Simon de Berisforde, William Taylboys, and the City of Cambridge. Note that one precedent against the Jurisdiction of a Court is more valued than a hundred for it: because the Court cannot be supposed ignorant of the Law, and its own rights; but a particular man or client may: see Sir John Maynard's Royal quarrel, and his Laws subversion: Lieut. Col. Lilburne's whip for the present House of Lords: and Judge Jenkins Remonstrance to the Lords and Commons of the two Houses of Parliament, dated 21. Febr. 1647. As for the cases of Weston, Gomenes and Hall, (cited by Mr. Pryn) they were for facts done beyond Sea, and before the Stat. 1 Hen. 4. ch. 14. whereof the Common Law could then have no conusance: & therefore an extraordinary way of proceeding before the Lords was requisite, and by the King's special Authority it was done, without which, (I dare boldly affirm) the Lords have no Judicature at all: 53 53. The House of Peers no Court of judicature at at all properly, and per se. which thus I make appear. 1. The King by delivering the Great Seal to the Lord Keeper, makes him Keeper of his Conscience for matter of equity. By his Brevia patentia to the Judges of the two Benches, and the Exchequer, the King makes them administrators and Interpreters of his Laws: But he never trusts any but himself with the power of pardoning and dispensing with the rigour of the Law in Criminal cases: And though the Lord Keeper is Speaker of the Lords House of Court, yet he is no Member of the Lords House virtute officii: The Judges are not Members, but Assistants only: So that no man in the House of Peers, as he is simply a Peer, is trusted by the King either with dispensation of law, or equity. 2. When a Peer of Parliament, or any man else is tried before the Lords in Parliament criminally, he cannot be tried by his Peers only, because in acts of Judicature, there must be a Judge superior, who must have his inferiors ministerial to him: Therefore in the Trial of the Earl of Strafford (as in all other Trials upon life and death, in the Lord's House) the King grants his Commission to a Lord High Steward to sit as Judge, and the rest of the Lords are but in the nature of Jurors. So that it is the King's Commission that authoriseth and distinguisheth them. 3. When a Writ of Error issueth out of the Chancery to the House of Peers, they derive their Authority merely from that Writ. For the three Reasons aforesaid, The House of Peers is no Court of Judicature at all without the King's special Authority granted to them either by his Writ. or his Commission. And the Lords by their four Votes having denied all farther address or application to the King, have cut off from themselves that fountain from which they derive all their power: And all Trials by Commission must be upon Bills, or Acts of Attainder, not by Articles of Impeachment; a way never heard of before this Parliament, and invented to carry on the designs of a restless impetuous Faction: Had the Faction had but so much wit as to try those Gentlemen by Commission of Oyer and Terminer, before Sergeant Wild, he would have borrowed a point of law to hang a hundred of them for his own preferment. Observe that almost all the cases cited by Mr. Pryn concerning the Peers Trials of Commissioners were authorized by the King, upon the special instance of the House of Commons; As for the House of Commons they never pretended to any power of Judicature, and have not so much authority as to administer an oath, which every Court of Piepowders hath. 54 54. Blank impeachments dorment. But this way of trial before the preingaged Lords, and upon Articles of Impeachment (which they keep by them of all sorts and sizes fit for every man, as in Birchin-lane they have suits ready made to fit every body) was the apt means to bring those men to death whom they feared living: had not a doubt of the Scots coming in taught them more moderation, than their nature is usually acquainted with; and to fright away, or (at least) put to silence the rest of the Members with fear of having their names put into blank Impeachments. And that it might be so apprehended; Miles Corbet moved openly in the House of Commons that they should proceed with the Impeachments which were ready, nothing wanted but to fill up the Blanks, they might put in what names they pleased. This Inquisitor general, this prologue to the Hangman that looks more like a hangman than the Hangman himself, hath since gotten the rich office of Register of the Chancery, as a reward for his double diligence: Oh, Sergeant Wild and Mr. Steele despair not of a reward. 55 55. Establishment for the Army. Friday, 17. Sept. the advice of Sir Tho: Fairfax and his Council of War was read in the House of Commons, what standing Forces they thought fit to be kept up in England and Wales, and what Garrisons. Also what Forces to send for Ireland; namely, for Ireland, 6000 Foot, and 2400 Horse, out of the supernumerary lose forces, being no part of the Army; And for England, upon established pay, 18000 Foot at 8d. per diem. 7200 Horse at 2s. per diem each Trouper; 1000 Dragoones, and 200 Firelocks. Train of Artillery, Arms and Ammunition, to be supplied. The Foot to be kept in Garrisons, yet so that 6000 may be readily drawn, into the field. The Independent party argued, That the Army were unwilling to go for Ireland, pretending their engagement to the contrary; if you divide or disband any part of your Army, they will suspect you have taken up your old resolutions against them, to disband the whole Army: It is now no time to discontent them, when the Kings Answer to your Propositions tends to divide you and your Army, and the people are generally disaffected to you. The Presbyterian party argued, That the engagement of the Army ought to be no rule to the Counsels of the Parliament; otherwise new Engagements every day may prescribe the Parliament new Rules: we must look two ways. 1. Upon the people unable to bear the burden. 2. Upon the Army. Let us keep some power in our own Hands, and not descend so far below the dignity of a Parliament, as to put all into the hands of the General and his Council of War. You have almost given away all already. The Army adviseth you to keep up more Garrisons, then upon mature deliberation this House formerly Voted: you have already many Garrisons manned with gallant and faithful men, to whom you own Arrears; to remove them, and place new Soldiers in their rooms, will neither please them, nor the places where they are quartered: who being acquainted with their old guests, will not willingly receive new in their rooms. These men have done you as good and faithful service as any in the Army; and were ready to obey you, and go for Ireland, had they not been hindered by those who under pretence of an engagement to the contrary (which they mutinously entered into) will neither obey you, nor go for Ireland, nor suffer others to go. Though you discharge these men without paying their Arrears, (which others of other principles will not endure) yet give them good words: If you will be served by none, but such as are of your new principles; yet consider your Army are not all alike principled, and peradventure the old principles may be as good as the new for public, though not so fit for private designs and purposes. You have passed an Ordinance, That none that have borne Arms against the Parliament shall be employed: if you disband all such, your Army will be very thin; many have entered into pay there in order to do the King service, and bring the Parliament low. There is no reason you should keep up 1400 Horse more than you last voted to keep up, being but 5800 at which time 60000l. a Month was thought an establishment sufficient both for England and Ireland. But now the whole charge of England and Ireland will amount to 114000l. a month: which must be raised upon the people, either directly and openly by way of sessement; or indirectly and closely, partly by sessements, and partly by freequarter, and other devices: nor will the pay of 2s. per diem to each Trouper, and 8d. to each Foot Soldier enable them to pay their quarters. If you mean to govern by the Sword, your Army is too little: if by the Laws and Justice of the Land, and love of the people, your Army is too great: you can never pay them: which will occasion mutinies in the Army, and ruin to the country. Thus disputed the Presbyterians, but to no purpose, it was carried against them. Observe that when the War was at the highest, the monthly tax came but to 54000l. yet had we then the Earl of Essex's Army, Sir William Waller's, my Lord of Denbighs, Maj. Gen: Poynt's, Maj. Gen: Massey's, Maj. Gen: Laughorne's, Sir William Bruerton's, Sir Tho: middleton's Brigades, and other Forces in the field, besides Garrisons. 56 56. Monthly Taxes But now this Army hath 60000l. a month, and 20000l. a month more pretended for Ireland; which running all through the fingers of the Committee of the Army. 57 57 Ireland why kept in a starkept in a starving condition. That Kingdom (which is purposely kept in a starving condition to break the Lord Inchequin's Army, that Ireland may be a receptacle for the Saints against England spews them forth) hath nothing but the envy of it, the sole benefit going to this Army: This 20000l. a month being a secret unknown to the common Soldiers; The Grandees of the Army put it in their own purses. Moreover, this Army hath still a kind of freequarter, (under colour of lodging, fire and candle) for who sees not that these masterless guests upon that interest continued in our houses, do and will become Masters of all the rest? and who dares ask money for quarter of them, or accept it when it is colourably offered, without fear of farther harm? besides, the Army (whose requests are now become commands) demanded that they might have the levying of this Tax: and that their accounts might be audited at the Head quarters: And though the Officers of this Army (to catch the people's affections) encouraged them often to petition the Houses against Freequarter, pretending they would forbear it, after an establishment settled upon them; the use their party in the House made of these Petitions was to move for an Addition of 20000l. or 30000l. a month) and then they should pay their quarters, lodging, fire, and candle, nay stable-room too excepted. Here it is not amiss to insert a word or two of this villainous oppression, Freequarter; 58 58. Freequarter. whereby we are reduced to the condition of conquered Slaves, no man being master of his own Family, but living like Bondslaves in their own houses, under these Egyptian Taskmasters, who are Spies and Intelligencers upon our words and deeds, so that every man's table is become a snare to him. In the third year of King CHARLES, The Lords and Commons in their Petition of Right (when not above 2000 or 3000 Soldiers were thinly quartered upon the people but for a month or two) complained thereof to His Majesty as a great Grievance contrary to the Laws and Customs of the Realm, and humbly prayed as their Right and Liberty, according to the Laws and Statutes of this Kingdom that he would remove them, and that his people might not be so burdened in time to come; which His Majesty graciously granted. Yet now we are ten thousand times more oppressed with them, and if these quarterers offer violence or villainous usage to any man in his house or family, or commit murder or felony, they are protected against the laws and justice of the land, 59 59 Martial Law. and Triable only by a Council of War at the Head quarters, where a man can neither obtain justice, nor seek it with safety. So that we live under the burden of a perpetual Army of 30000 or 40000 men, exempt from all but martial law, which frequently oppresseth, seldom righteth any man: witness Oliver Cromwell's taking of Thomson (being no Soldier) from the House of Commons door with Soldiers, imprisoning and condemning him at a Council of War, where he sat Judge in his own cause, there being a quarrel between them: Yet it was held Treason in the Earl of Strafford to condemn the Lord of Valentia so, being a member of his Army, because it was in time of peace, as this was. Many other examples we have of the like nature, and of this Army, enough to persuade us that these vindicative Saints will not govern by the known Laws of the Land, (for which they have made us spend our money and blood) but by Martial Law and Committee Law, grounded upon Arbitrary Ordinances of Parliament, which themselves in the first part of exact Collections, pag. 727. confess, are not Laws without the Royal assent. This Army hath been daily recruited without any Authority, fare beyond the said number or pay established; the supernumeraries living upon free quarter. And when complaints have been made thereof in the House, the Army being quartered in several Brigades, supernumeraries have been disbanded in one Brigade, and their Arms taken by their Officers: 60 60. Cheats put upon the State. and shortly after they have been listed again in another Brigade, and their Arms sold again to the State, after a while to new Arm them. And of this sort were those Arms which being found in a Magazine in Town by some zealots, and rumoured to belong to the City for the Arming of Reformadoes, were upon examination found to belong to Oliver Cromwell: so the business was buried in silence: for though the King's oversights must be tragically published to the world, yet the heinous crimes of the godly must lie hid under the mask of Religion. 61 61. Arrears secured, although the State owes them nothing. And though they have usually taken freequarter in one place, and taken composition money for freequarter in another place, some of them in two or three places at once 3s. a day, some of them 5s. for a Trooper, and 1s. a day, and 1s. 6d. for a foot Soldier, whereby no Arrears are due to them, but they own money to the State; yet they have compelled the Houses to settle upon them for pretended Arrears, 1. The moiety of the Excise (that they may have the Soldiers help in levying it. Although to flatter the People, the Army had formerly declared against the excise.) 2. The moiety of Goldsmiths-Hall. 3. Remainder of Bishop's Lands. 4. The customs of some Garrisons. 5. Forrest Lands. This Army brags they are the Saviour's (nay Conquerors) of the Kingdom. Let them say when they saved it, whether at the fight at Nazeby, or taking in of Oxford: and we will pay them according to the than List. And for all the Recruites taken in since the reducing of Oxford, it is fit they be disbanded without pay, having been taken in without, nay against Authority, to drive on wicked designs, and enthrall King, Parliament, City, and Kingdom. 24. Decemb. 1647. 62 62. Four dethroning Bills presented to the King at Carisbrook-Castle. The two Houses by their Commissioners presented to the King at Carisbrook-Castle four Bills to be passed as Acts of Parliament, and divers Propositions to be assented to. They are all printed, so is His Majesty's Answer to them, wherefore I shall need to say the less of them, only a word or two, to two of the Bills: 1. The Act for raising, settling, 63 63. Act for the Militia. and maintaining Forces by Sea and Land, within the Kingdoms of England and Ireland, Wales, etc. (though it seems to be but for 20 years) devests the King, his Heirs, and Successors of the power of the Militia for ever, without hope of recovery but by repealing the said Act, which will never be in his nor their power: for, first, it saith, That neither the King, nor his Heirs or Successors, nor any other shall exercise any power over the Militia by Land or Sea, but such as shall act by authority and approbation of the said Lords and Commons. That is, a Committee of State of twenty or thirty Grandees, to whom the two Houses shall transfer this trust, being overawed by the Army, (for the groundwork of this Committee was laid by these words, though the Committee be erected since.) And secondly, it prohibiteth the King, his Heirs and Successors, etc. after the expiration of the said 20 years to exercise any of the said powers without the consent of the said Lords and Commons, and in all cases wherein the said Lords and Commons shall declare the safety of the Kingdom to be concerned after the said 20 years expired, and shall pass any Bills for raising, arming, etc. forces by land or sea, or concerning levying of money, etc. if the Royal assent to such Bills shall not be given by such a time, etc. then such Bills so passed by the Lords and Commons shall ha●e the force of Acts of Parliament without the Royal assent. Lo, ●●re a foundation laid to make an Ordinance of both Houses equal to an Act of Parliament, if this be granted in one case, it will be taken in another, and then these Subverters of our Religion, Laws and Liberties will turn their usurpation into a legal Tyranny. 2. It gives an unlimited power to the two Houses to raise what forces, and what numbers for land and sea, and of what persons (without exceptions) they please, and to employ them as they shall judge fit. 3. To raise what money they please for maintaining them, and in what sort they think fit out of any man's estate. 64 64. Bill for adjournment of the Parliament as well for place, as time. The Bill for adjournment of both Houses to any other place, etc. will enable the engaged Party of the two Houses and Army to adjourn the two Houses from time to time, to or near the Head quarters of the Army: where those Members that refuse to enter into the same Engagement, shall neither sit with accommodation nor safety, and so be shaken off at last: this is a new way of purging the Houses. Besides, the Parliament following the motions of the Army, the King shall follow the Parliament, whereby the Army having both King and Parliament present with them, whatsoever attempt shall be made against the Army shall be said to be against the safety and authority of the King and Parliament, and a legal Treason, triable by Indictment, not a constructive Treason only Triable before the Lords. 65 65. The King's Answer debated. Monday 3. Jan. the Kings Answer to the said Bills and Propositions was debated in the House of Commons. And first, Sir Thomas Wroth (Jack Pudding to Prideaux the Postmaster) had his cue to go high, and feel the pulse of the House; who spoke to this purpose, That Bedlam was appointed for mad men, and Tophet for Kings: That our Kings of late had carried themselves as if they were fit for no place but Bedlam: That his humble motion should consist of three parts: 1. To secure the King, and keep Him close in some inland Castle with sure Guards. 2. To draw up Articles of Impeachment against Him. 3. To lay Him by, and settle the Kingdom without Him. He cared not what form of Government they set up, so it were not by Kings and Devils. Fretons Speech. Then Commissary Ireton (seeming to speak the sense 〈◊〉 the Army under the notion of many thousand godly men who had ventured their lives to subdue their enemies) said after this manner, The King had denied safety and protection to his people by denying their four Bills: That subjection to him was but in lieu of his protection to his people; This being denied they might well deny any more subjection to him, and settle the Kingdom without him: That it was now expected after so long patience they should show their resolution, and not desert those valiant men who had engaged for them beyond all possibility of retreat, and would never forsake the Parliament, unless the Parliament forsook them first. After some more debate when the House was ready for the question, Cromwell brought up the Rear: Cromwell's Speech. And giving an ample character of the valour, good affections, and godliness of the Army, argued: That it was now expected the Parliament should govern and defend the Kingdom by their own power and resolutions, and not teach the people any longer to expect safety and government from an obstinate man whose heart God had hardened. That those men who had defended the Parliament from so many dangers with the expense of their blood, would defend them herein with fidelity and courage against all opposition. Teach them not by neglecting your own and the Kingdom's safety (in which their own is involved) to think themselves betrayed: and left hereafter to the rage and malice of an irreconcilable enemy whom they have subdued for your sake: and therefore are likely to find his future government of them insupportable, and fuller of revenge then justice: lest despair teach them to seek their safety by some other means then adhering to you, who will not stick to yourselves. And how destructive such a resolution in them will be to you all, I tremble to think and leave you to judge. Observe, he laid his hand upon his Sword at the latter end of his Speech; that Sword which being by his side could not keep him from trembling when Sir Philip Stapleton baffled him in the House of Commons. This concluding Speech having something of menace in it was thought very prevalent with the House. 66 66. The four Bills for no addresses nor applications passed. The first of the four Questions being put, That the two Houses should make no more addresses nor applications to the King: The House of Commons was divided, 141. yea, 91. no's, so it was carried in the affirmative. The other three Votes followed these votes with facility: see them in print. 67 67. The Committee of Safety revived and enlarged. The Members had been locked into the House of Commons from before nine of the clock in the morning to seven at night, and then the doors were unlocked, and what Members would, suffered to go forth, whereby many Presbyterians thinking the House had been upon rising departed; when presently (the House being grown thin) the Vote to revive the Committee of both Kingdoms called the Committee of Safety at Derby House, passed by Ordinance dated 3. Janu. 1647. in these words: Resolved, etc. That the powers formerly granted by both Houses to the Committee of both Kingdoms, (viz. England and Scotland) in relation to the two Kingdoms of England and Ireland, be now granted and vested in the Members of both Houses only that are of that Committee, with power to them alone, to put the same in execution. The original Ordinance that first erected this Committee, and to which this said Ordinance relates, beareth date 7. Feb. 1643. in which the English Committees were appointed from time to time, to propound to the Scottish Commissioners whatsoever they should receive in charge from both Houses, and to make report to both Houses, to direct the managing of the War, and to keep good correspondency with foreign States, and to receive directions from time to time from both Houses; and to continue for three months and no longer. The Members of this Committee are now: The Earl of Northumberland. Ro. Earl of Warwick. The E. of Kent. Edw: Earl of Manchester. Will. Lord Say & Se●●. Phil. L. Wharton. John Lord Roberts. Will. Pierre. point. Sir Henry Vane sen. Sir Gilbert Gerrarde. Sir Will. Armine. Sir Arthur Hasterig. Sir Hen. Vanc, jun. John Crew. Rob. Wallope. Oliver St. john's Sol. Oliver Cromwell. Samu. Browne. Nath. Fiennes. Sir John Eveline, junior. But this Ordinance 3 Janu. 1647. vests the said powers in the Members thereof only, and alone: words excluding the two Houses: and for a time indefinite. There were then added to this Committee, Nathaniel Fiennes, in place of Sir Phil. Stapleton; Sir John Evelin Junior, in place of Mr. Recorder; and the Earl of Kent, in stead of the Earl of Essex. 22. Janu. following, the Lords sent down a Message for a farther power to this Committee; which was granted in these words: Power to suppress Tumults and Insurrections in England, etc. and at Barwick, and for that purpose the Committee to have power to give orders and directions to all the Militia and forces of the Kingdom. The addition of four Lords and eight Commoners likewise to this Committee was desired, but denied. 68 68 White-Hall and the Mews Garrisoned. Friday 14 Janu. after a long debate it was ordered that Sir Lewis Dives, Sir John Stowell, and David Jenkins, be tried as Traitors at the King's Bench: the Grand Jury had found the Bill against Jenkins. Master Solicitor, etc. appointed to manage the business, * but Jenkins is so great a Lawyer, See judge Jenkins Remonstrance to the Lords and Commons of Par. 21. Feb. 1647. that the Solicitor durst not venture upon him, the long sword being more powerful in his mouth then the Law; wherefore the Solicitor found an Error in the Indictment, turned him back again upon the House to be impeached before the Lords, to whose Jurisdiction he pleaded: so the Solicitor put the affront from himself upon the Houses. It was now 12. of the clock, and many of the Independent party began to cry, Rise, rise; The Presbyterians thinking all had been done: many went to dinner, yet the Independents sat still: and finding the House for their turn, moved, That a Letter might be forthwith sent to Sir Tho: Fairfax, to send a convenient number to Garrison White-Hall; and a party of Horse to quarter in the Mews. The Lord's concurrence was not desired to this Vote, but the Letters immediately drawn and sent. Observe that before this Vote passed, divers forces were upon their March towards the Town, and came to White-Hall Saturday following by eight of the Clock in the morning. Saturday, 15. Janu. 69 69. The Army's Declaration thanking the Commons for their 4 Votes. The Army sent a Declaration to the House of Commons, Thanking them for their 4 Votes against the King, and promising to live and die with the Commons, in defence of them against all opponents. Many of the Lords had argued very hotly against the said 4 Votes, insomuch that it was ten Lords to ten; but this engagement of the Army, 70 70. The Lords pass the 4 Votes and the unexpected garrisoning of White-Hall and the Mews, turned the scales: so that they passed the said 4 Votes, only adding a short preamble (little to the purpose) holding forth some reasons for passing them, to which the Commons, when they came down, assented. When presently (about 12. of the clock the House being thin) Dennis Bond moved, That whosoever should act against those 4 Votes, or incite others to act against them, should be imprisoned and sequestered. Three or four days after the Lords had passed the said 4 Votes, 71 71. The Army thanks the Lords. the Army vouchsafed to spit thanks in their mouths, and make much of them. These 4 Votes were generally sinisterly taken, and filled men's minds with suspicion, what form of government the Grandees would set up, now they had laid by the King: and every man's mind presaged a new War; which they conceived the Independent Grandees were willing to have, to colour their keeping up this Army, and raising money to maintain them: and every man began to lay the project of a new War at their door: notwithstanding (by way of prevention) they had impeached divers Members and Citizens of London, for endeavouring a new War when they did but raise men for their self-defence. 72 72. The Declaration against the King. To show the people therefore, the reasons of these 4 Votes, the Independent Grandees appointed a Committee to search into the King's Conversation, & errors of his Government, & publish them in a Declaration to the world: wherein they objected many high crimes against Him, concerning His Father's death, the loss of Rochel, and the Massacre and Rebellion in Ireland: which upon debate in the House, were very much moderated by the Presbyterians: of which Declaration I will only say, That they have set forth no new matter therein, which they have not formerly published in parcels: since which time they have taken and caused others to take the Nationall Covenant; whereby they vow to maintain the King's Person, Crown and Dignity, in defence of Religion, Laws, and Liberties: and therefore to reprint only the same things as Arguments to lay by the King, savours more of design, than justice. I will wade no farther in the censure of the said Declaration, lest I imitate the Authors of it: and as they by a feeble accusation have done the King much right, so I by a weak defence should do him much wrong. The people were as ill satisfied with this Declaration as with the four Votes, 73 73. Tho: Hasterig's Letter concerning the King. wherefore 24. Febr. Mr. Speaker, with much seriousness, presented to the House a Letter out of Leicester-shire from Thomas Hasterig, (brother to Sir Arthur) which was read to this purpose, That there was one Mr. Smalling a Committee-man of Leicester-shire, who had been a Deputy-examiner in the Star-chamber, and affirmed, that above twenty years since there being a suit in Star-chamber between the Earl of Bristol complainant, and the Duke of Buckingham defendant, concerning Physic presumptuously administered by the said Duke to K. James, the said Smalling took many depositions therein, and was farther proceeding in the Examinations, until a Warrant signed by the King was brought him, commanding him to surcease and to send him the Depositions already taken; which Smalling did: yet kept notes by him of the principal passages, doubting what farther proceed might be hereafter, in a business of such importance. Sir Henry Mildmay moved that Smalling be sent for and examined upon oath by the Committee that penned the said Declaration: but upon motion of the Presbyterians, he was ordered to be examined at the Commons Bar. Smalling came, produced the Warrant, but no notes: so this Chimaera vanished. What the said Committee would have made of this, who knows? God bless us all from clandestine examinations, especially when they are taken by parties preingaged. 3. Caroli this business had been ventilated and examined against the Duke, and no mention made of poisoning or killing K. James, It was then only called an Act of high presumption and dangerous consequence in the Duke: nor was there then the least reflection upon K. Charles; yet now because K. Charles dissolved that Parliament, the Independent party were willing to raise a suspicion against him concerning his Father's death: whereas the Accusation against the Duke of Buckingham 3 Caroli contained seven or eight Charges against him, the least whereof might occasion the dissolving of that Parliament. These desperate courses (to dishonour the King and make him uncapable of Government, to ruin his Person, Crown, 74 74. Why the Independents went so high against the King: To usurp the Regal power into themselves either in the Houses purging: or in the Committee of safety at Derby house. and Dignity, and extirpate Monarchy root and branch) were taken in order to the usurping of the Kingly power into the Grandees of the Parliament and Army, and in case they could not purge the two Houses and make them wholly Independent, (which they now despair of) then into the hands of the Committee, or Council of State at Derby House, and Grandees of the Army. In order to which, they are now contriving to strengthen the said Committee with more power and more Members, and to adjourn the Parliament and send down the Presbyterian Members into the Country upon pretence of service, where if any Tumults happen (for which their extortions will give sufficient provocation) the said dissenting Members shall bear the blame; and have Blank Impeachments given them to purge them out of the Houses, if not out of the world; or at least be sequestered: for now they have squeezed what they can out of the King's party by Sequestrations, the next fuel to their covetousness is to sequester the Presbyerians; and then to sequester one another: for they are already divided into pure Independents and mixed Independents, and have feuds amongst themselves, for this Faction; (insatiate with money and blood) are all beasts of prey, and when they want prey, will pray upon one another: nor shall the Houses meet above one Month or two in a Year to ratify and approve what Derby house and the Junto of the Army shall dictate to them: and to give an Account to the domineering party how each Member hath carried himself in the Country: Thus in stead of one King, we shall have twenty or thirty Tyrants in chief, and as many subordinate Tyrants as they please to employ under them, with the Iron yoke of an Army to hold us in subjection to their Arbitrary Government. 75 75. Why the Grandees do still continue to truck with the King: notwithstanding the said 4 Votes. Notwithstanding the aforesaid four Votes and Resolutions, the Cabal of Grandees still keep Ashburnham and Barkley in the Army, and have sent divers turn-coat-Cavaleers, and Emissaries underhand disguised to the King, who pretending that by Bribes they have bought their admission to him, after some insinuations endeavour with false and deceitful news and arguments to shake his constancy: and persuade him to pass the said 4. dethroning Bills; (for these usurpers of Sovereign Authority long to turn their Armed and violent Tyranny into a legal Tyranny) or (at least) to make him declare against the Scots coming in. In both which cases he will dishearten his friends, who endeavour to take the golden reins of Government out of the gripes of these Phaëtons, and restore them again to his hand, un-king himself and his posterity for ever, be carried up and down like a stalking horse to their designs, and be Crowned Ludibrio Coronae, with straw or thorns. For who can think that at the end of 20 years, these Usurpers will lay down what they have so unjustly contrary to all Laws, Divine and Humane, and contrary to their own Declarations, Oaths and Covenants extorted? and who can or dare wrest those powers out of their hands, being once settled and grown customary in them: the people's spirits broken with an habitual servitude; a numerous Army and Garrisons hover over them; and all places of Judicature filled with corrupt Judges; who shall by constrained interpretations of the Law, force bloody precedents out of them, against whosoever shall dare to be so good a Patriot as to oppose their Tyranny? They that could make steel sharp enough to cut Captain Barlyes throat for attempting to rescue the King out of the hands of a rebellious Army that neither obeys King nor Parliament, will find gold and silver enough to corrupt all the Judges, they mean to prefer and make them wild and vild enough for their purposes. But it is hoped he hath more of King, more of man in him then to lose his principles, and stumble again at the same stone, dash again upon the same rock, whatsoever Sirens sing upon it; knowing he hath a Son at liberty to revenge his wrongs, all the Princes of Christendom his Allies, whose common cause is controverted in his sufferings, the greatest men of England and Scotland of his blood, and the people generally (whose farthest design was to preserve their Laws and Liberties, and to defend the Parliament from being conquered by the Sword) looking with an angry aspect upon these Seducers, who by insensible degrees and many forgeries have engaged them farther than they intended, not to the defence of Religion, Laws, and Liberties, but to the setting up of Schism, Committee law, and Martial law, Impeachments before the Lords, and unlimited slavery. And I am confident this Faction despair of working upon the King, who like a rock in mediis tutissimus undis, whatsoever reports they give out to the contrary, having from the beginning made lies their refuge, which being wisely foreseen by the King, he sent a Message to both Houses, (by way of prevention) delivered in the painted Chamber by the Lord of Lauderdale one of the Scots Commissioners: consisting of three heads. 1. That He was taken from Holdenby against His will. 2. That they should maintain the Honour and Privileges of Parliament. 3. That they should believe no Message as coming from Him during His Restraint in the Army, but should only credit what they received from His own mouth. These Grandees have cheated all the interests of the Kingdom, and have lately attempted the City again, and had the repulse. But the King is their old customer, and hath been often cheated by them, and having Him in strict custody, peradventure they may persuade Him it is for His Safety to be deceived once more: wherefore (notwithstanding their many endeavours to root up Monarchy, dethrone the King, and his Posterity, and usurp His power: in order to which, they have overwhelmed Him, and all His, with innumerable calamities and reproaches) yet since the passing of the Declaration against the King, their desperate condition hath enforced them to make new addresses in private to Him: notwithstanding their four Votes inflicting the penalty of Treason upon the infringers. But Treason is as natural to Cromwell as false-accusing, protesting and lying: he is so superlative a Traitor, that the Laws can lay no hold of him. Lieut. Col. Lylborne, in a verbal Charge delivered at the Commons Bar, accused him of many Treasonable acts, which the avoweth to make good: and in his Book, called, A Plea for a Habeas Corpus: But as if Cromwell were a Traitor cum privilegio, the House of Commons (being under his armed Guards) dares take no notice of it. But the Roman Tribune said to Scipio Africanus, in Livy, Qui jus aequum ferre non potest, in eum vim hand injustam fore, He that exalts himself above the law, ought not to be protected by the law. To conclude, Cromwell hath lately had private conference at Farnham with Hammond. The Earl of Southampton hath been courted to negotiate with the King, and offered the two Speakers hands for his warrant. Capt. Titus taken into favour, and employed that way. These Grandees have brought themselves into a mist, and now wander from one foolish design to another. The Spaniard is said to forecast in his debates, what will happen forty years after. But these purblind Politicians do not foresee the event of their Counsels forty days, nay hours beforehand; but it is a curse laid upon wicked men, to grope at noon day. 76 76. Debates in the House of Commons upon the Scots Letters. 1 1. Concerning the said four Votes. About the 5. or 6. of Jan. 1647. the Scots Commissioners had written certain Letters to the House of Commons; one whereof repeating the four Votes against the King; propounded to know, whether the Houses by their Votes, That no person whatsoever do presume to make or receive any Application or address to, or from the King; would debar the Scots to make or receive any Addresses to or from him, and so put an incapacity upon Him to perform Acts of Government towards them. In the debate, the Independents called to mind a more ancient Vote, whereby it was ordered, That the Scots might be admitted to the King. Against which, was alleged. That these latter Votes being made general, without exception, Repealed that former Vote. At last by an interpretative Vote, it was concluded, That notwithstanding the said four latter Votes: the former Vote, That the Scots Commissioners might make Addresses to the King, was still in force. Observe that this was done four or five days after the Scots Commissioners were on their way towards Scotland. The second Letter was concerning 100000l. due by contract to the Scots from the Parliament, 2 2. Concerning 100000l. due to the Scots. whereof 50000l. was payable by assignment to divers Scots Gentlemen who had advanced money to hasten the Scots Army to our Relief; whereof 10000l. was payable to the Earl of Argyle. Sir Henry Mildmay made a long Speech in praise of Argyle, saying, That he and his party, and the Scottish Clergy were the only men that upheld the English interest in Scotland, and were better friends to us then all Scotland besides: wherefore he moved that Argyle might be paid his 10000l. and the rest continued at Interest at 81. per cent. Presently the whole Independent gang, with much zeal and little discretion, ran that way, until more moderate men stopping them in full cry, minded them what dishonour and danger they might bring their friends into by laying him open to suspicion. After this, it was Resolved to send four Commons, 77 77. Six Commissioners sent into Scotland. and two Lords into Scotland as Commissioners, with Instructions: to send all Independents, would not be acceptable; Two Presbyterians Commoners therefore were sent, one whereof was sweetened with the gift of 1000ls. and an Office before they would trust him: with them were sent Mr. Hearle and Mr. Martial. Martial, when he saw Independency prevail, 78 78. M. Martial. had secretly turned his coat the wrong side outward, and joined interest with Mr. Nye. But before he declared himself, he was to do some service for his new party: Wherefore when the Army looked with a threatening posture upon the Parliament and City, before they marched through London, (the common Soldiers being in such discontent for want of pay that they were ready to mutiny and disband, and their Officers scarce daring to govern them) the first fruits of marshal's service to his new friends was to persuade the City to lend the Parliament 50000l. to pacify the Soldiers: assuring them by Letters that the Army had nothing but good thoughts towards the City, only the common Soldiers was troubled for want of pay: after the City had laid down the said 50000l. his next labour was, to persuade the Citizens to let the Army march through the City without opposition for avoiding of bloodshed and firing: and to let them possess the Tower, and Line of Communication. After these services, the Grandees of the Parliament and Army, finding him suitable to them, received him into an avowed favour; and then four Independents, and four Presbyterian Divines (conjoining their interests) were sent to season the Army, and new tune them according to the more modern design: Martial was one; where, after he had preached according to the Dictates of the Grandees of the two Houses and Army for divers weeks, Martial was thought fit to attend the Commissioners into Scotland: He and Mr. Nye had been sent to Carisbrooke Castle formerly with those Commissioners that carried the four Bills to the King, and had 500l. a piece given them for their journey. Scotland, a longer journey, promised a larger reward: it is good being a postilion of the Gospel at such rates. The Sunday before he went, he preached at Margaret's Westminster, and as much cried up Presbytery and the Covenant there, as he had before slighted them in the Army. This was a preparation Sermon to make him acceptable to the Scots, that he might cajole them the easier. Before he went he sent his Agents from house to house at Westminster to beg men's good wills towards his journey. He was willing upon this pretence to get what he could from St. Margaret's Parish, where he found the people to grow cold in their affections and contributions to him. Wherefore having made his bargain before he went, to leave S. Margaret's, and officiate in the Abbey, where he is to have 300l. per annum certain allowance, he would rob the Egyptians at S. Margaret's for a parting blow. This Priest married his own Daughter with the Book of Common-prayer and a Ring, and gave for reason, That the Statute establishing that Liturgy was not yet repealed, and he was loath to have his Daughter whored, and turned back upon him for want of a Legal Marriage: yet he can declare against all use of it by others. He hath so long cursed Meroz and neutrality, that he hath brought God's curse upon the land: and hath put Church and Commonwealth into a flame, but himself and his Brats have warmed their fingers at it: as moneys are decried or enhanced by the King's authority, so is every man's Religion cried up or down by marshal's authority and stamp. About the 24. 79 79. The Answer to the Scots Declaration. Feb. the Answer to the Scots Declaration began to be debated in parts: in which Debate the Covenant was much undervalved, and called an Almanac out of Date. Nath: Fiennes argued against it, That that clause in the Covenant, [To defend the King's Person, Crown, and Dignity, etc.] was inconsistent with their four Votes, for making no Addresses to the King: To which was answered by some, That then they would relinquish the four Votes and adhere to the Covenant. About the beginning of March, 80 80. Money shared amongst godly Members. was given to Col. Sydenham and Col. Bingham 1000. apiece, as part of their Arrears: their Accounts not yet stated. To the Lord of Broghill 2000l. To Master Fenwicke 500l. for losses. To Mr. Millington 2000l. for losses. To Col. Venus 4000l. notwithstanding it was moved he might first account for Contribution-money, the Plunder of the Country about Windsor, and the King's Householdstuff, Hang, Linen, and Bedding. Mr. Pury the Petty-bag Office, besides 1000ls. formerly given him. To Pury's Son, the Clerk of the Peers place, and 100ls. a year: all Independents. The 7. of March, 81 81. Cromwell. an Ordinance passed the Commons to settle 2500l. a year land, out of the marquis of Worcester's Estate, upon Lieutenant General Oliver Cromwell. I have heard some Gentlemen, that know the Manor of Chepstow, and the rest of the Lands settled upon him, affirm, That in the particulars the said Lands are so favourably rated, that they are worth 5000l. or 6000l. a year: It is farther said those Lands are bravely wooded. You see though they have not made King Charles, a glorious King, 82 82. A Message from the Lords, desiring the Commons concurrence to the engagement of the Members with the Army. as they promised: yet they have settled a crown Revenue upon Oliver, and have made him as great and glorious a king as ever John of Leyden was. Wonder not that they conspire to keep up this Army, as well to make good these Largesses, as to keep their guilty Heads upon their shoulders. Thursday, 9 March, the Lords sent a Message to the House of Commons, To desire their concurrence to the Engagement of those Members that fled to the Army, The engagement approved by Threats. to live and die with the Army. It was Debated all day, until seven of the clock at night; and at last the question put, That this House doth approve the subscription of the said Members to the said Engagement. The House divided upon the question, yea 100 no's 91. Observe 1. that Mr. Solicitor, Hasterig, and many more, when they perceived difficulty in passing it, began to skirmish with their long sword again. And many told them, they must give content without doors (meaning, to the Army) as well at within, or else all would go naught. 2. 44 Of those Members that engaged with the Army sat in the House, and voted in their own case; many of them carrying themselves very high and insolently in their gestures and expressions. 3. Many Presbyterians left the House because it was late, and some (as it is thought) not daring to vote in the negative. 4. This engagement about six Months ago had been sent to the Commons by the Lords once or twice, and was rejected; yet now was obtruded upon them again by the Lords, who would not acquiesce; contrary to the Privileges of the House of Commons. 5. This approbation thus surreptitiously gotten, is equal to a Pardon sued forth before conviction, which in law amounteth to a confession of the crime. 83 83. The temper of the House tried, had the engagement not been approved, a new Charge from the Army intended. 6. The Agitators tell you in Derby-house projects, p. 7. That this engagement was sent down to the Commons to try the temper of the House, and if the House had not approved of the Engagement, the resolution of their secret Council was to fly to their Arms, and make a new Charge against their principal Opposers; for they acknowledge amongst themselves, that they Rule by power only, and that the House of Commons is no longer theirs then they over-awe them, and that they fear the Critical day will come which will discover the Parliament to be no longer theirs then while they have a force upon it. As men ready to sink, embrace every shadow of help, and catch hold of leaves, twigs, and bulrushes, to support them: so these desperate and purblind Projectors, having engaged themselves in a way of Tyranny, out of which, they can find no issue; lay hold of frivolous inventions to peer up from time to time their ill laid designs, like the man in the parable that patched up his old Garment with new cloth, 84 84. A project to unite all Interests. which breaking out again left the rent wider than it was before. Their last project was to unite all interests in the Houses, City and Army: To which purpose Cromwell (the heaviest, basest and most ridiculous Tyrant that ever our noble Nation groaned under) made a Speech in the House of Commons: to which was answered, That the Members were chosen and trusted by the people to pursue on common interest, which was, the common good, the Safety and Liberty of the people: and whosoever had any peculiar interest eccentricke from that, was not fit to sit in that Assembly, and deserved to be called to a strict account by those that trusted him. Observe that the extent of this project was to conjoin these three interests for upholding the greatness of the Grandees, in the Parliament, City, and Army; for in all three the vulgar multitude, and the more modest and honest sort, are but in the same condition with other men: The Parliament bearing the Authority, the Army the Sword, and the City the Purse. The first shall be the Taskmasters, and impose Tribute. The second, the Sheriffs, or rather Freebooters, and levy it by distress. And the third, the Brokers to receive it, and buy it off. But it pleased God to bestow so much providence and integrity upon the City, that when upon Saturday, 8. April, 1648. Cromwell and his fellow Grandees offered this temptation (at a Common Council) to them; The City grew wiser than our first Parents, and rejected the Serpent and his subtleties, in so much that Cromwell nettled with the affront, called his Solicitor Glover to account by what authority he had offered the restitution of their Tower and Militia, and the enlargement of their accused Aldermen: who answered, he did it by his authority & delivered him a Warrant to that purpose signed by Sir Tho: Fairfax. Oliver Cromwell, Mr. Solicitor, and young Sir Henry Vane: which Cromwell had the impudence to put in his pocket. Cromwell had felt the pulse of the City long before by his Agents Glover and Watkins, 85 85. A device to put the Apprentices into a Tumult. and found them averse from complying with him: wherefore (being a man of an early as well as an implacable malice) he (by advice of the Committee of Derby-house) cast about with the schismatical Lord Mayor Warne●, (he that raised the ridiculous Tumult at Christmas about Rosemary and Bays: a man that had been chosen Mayor by power of Parliament (out of course) to carry on the design of the Faction) and with the Lieutenant of the Tower how to put the City into some distemper, of which they might take advantage. The Citizens were well acquainted with their juggling tricks, they had no hopes to work upon them: wherefore they contrived how to put a provocation upon the silly Apprentice Boys, and put them forth into some rash action, of which they might make use to carry on their designs against the whole City: wherefore upon Easter-day, 1647. in the evening some few Apprentices playing in Finnisbury fields, some Soldiers were sent to drive them away; which they did, and imprisoned some of them for not readily obeying: Upon Sunday following, 9 April, divers Apprentices being at play (according to custom) in Moor fields, the Mayor sent Captain Gale (one of the new Captains of the Hamlets, a Silke-Throster and a Tub-preacher, and one that ran away at the Fight at Newbury-wash, and hid himself in a Ditch, as my L. Wharton at the Battle of Keynton hid himself in a Saw-pit) thither to disturb them, with about 50. or 60. of his Trained Band and no more (that he might the better encourage the Boys to resist him) who surlily ask them what they did there; some of them answered, they did no harm but only play, and since all Holidays have been Voted down they had no other time of recreation: The Captain insolently commanded them to be gone: they replied, he had no authority so to do, and continued playing: whereupon the Captain commanded his Musquetiers to shoot amongst them; which they forbearing, he took a Musket himself, and discharged amongst them, when presently two or three schismatical Musquetiers of his Company following his example discharged upon them likewise, and killed (or as the Schismatics say, wounded only) one of the Boys: whereat the Boys making a great outcry, more company gathered to them, and so with stones, Brickbats, and sticks they dispersed the Trained Bands: and at last, got their Colours, and instantly in a childish jollity marched (unarmed as they were) towards the Mews, when presently a party of Horse (ready prepared for this forelaid design) met them, charged and with ease routed them, Cromwell himself animating the Troupers to shoot and spit them, and to spare neither man, woman, nor child. All Sunday night the Apprentices kept in a body in the City, locked the City gates, but set no Guards upon them; whereby you may see this business proceeded merely from the rash and un-premeditated folly of Children, not from the advice of men: howsoever the Independent faction in the House of Commons have since aggravated it, to countenance their future cruelty and rapines upon the City: Monday morning Sir Tho: Fairfax sent a strong party into the City, who fell upon this boyish rabble, routed and killed many, and shot poor Women great with child, sitting in their stalls, one whereof the child lived two hours in her belly after her brains were shot out: a man likewise not knowing of their coming, as he was drinking milk at the corner of a street, was shot (as it were) in sport: as they rid, they cried, Cuckolds keep your houses, cutting and wounding all they met; Cromwell (who followed in the Rear safe enough, the Van having cleared the streets before him) crying out to them to fire the City. Oh Oliver! what a barbarous John of Leyden art thou become? Oh London! how wretched a Munster wilt thou become? at last they drove those silly unarmed wretches into Leaden hall, and took many of them Prisoners, none of the Trained Bands nor Citizens appearing to help these poor Boys, but leaving the Soldiers to get as bloody and as boyish a Triumph over them, as they pleased, they are now imprisoned in Cromwell's shambles at White Hall. This is the truth of the business, notwithstanding the longwinded lying report made by Alderman Foukes, at the Commons Bar: a man that hath feathered his nest well these miserable times, and hath much public money sticking to his fingers; who when he gave in his Account before the general Committee of Accounts, refused to give it in upon Oath (as other men did) alleging Magna Charta, that no man was bound to accuse himself: It should seem he had something in his Conscience that would not endure the Test of an Oath: But he is one of the Godly, and therefore the good things of this world belong unto him. The House of Commons (upon this occasion) gave 1000ls. to the Soldiers for this valorous exploit, and voted 1000 Foot, and 100 Horse to be kept in the Tower. The Garrisons of White Hall and the Mews to be strengthened: three Barges capable of 50. Musquetiers a piece to lie at White Hall for the Soldiers to convey themselves to any landing place to disperse such Watermens as shall assemble: The City Chains to be taken away from their posts, and a Commission of Oyer and Terminer to Issue forth to murder more of these Children legally. The Major having kindled this fire in the City, stole out at a window disguised, and hid his foolish head in the Tower. The House of Commons (overruled by the Grandees) Voted a day of for this Delivery. So bold are these Saints, as to mock Gods holy Name with impious devotions to colour their designs. 86 86. The Lord Inchiquin. The Lord Inchiquin, precedent of Munster, and General of the Army there, had a long time been heaved at by the Independent faction. The Lord lisle, (who gaped after his employment) Sir John Temple, Cromwell, the Lord Broughill, Sir Arthur, and Sir Adam Loftus, and others: who by obstructing all supplies of Money, Ammunition, Victual, ; laboured to mutiny and disband his Army, that they might send Schismatics of their own party to Lord it there, as they do here, and keep Ireland as a Retreat for the Saints: for the better effecting whereof, they had sent over many emissaries, whom they had commended to him, to be officers in his Army. When this would not do, they printed Scandalous Articles against him, & put infinite provocations upon him to incite him to do that which they falsely accused him to have done already: But the many gallant services he performed since the publishing those Articles, gave them the lie, and confuted all their slanders; at last (under colour of sending a supply of forces to him) they projected to surprise him, and bring him away prisoner: So that he hath suffered all the convulsions that treacherous friends, and malicious enemies could put upon him. And lately (for the more close conveyance of the design) the Houses sent three Commissioners towards Ireland; to survey his actions: but (as if it were purposely done) when the Commissioners came as far on their way as Bristol, about a dozen renegado Officers of his Army met the Commissioners and turned them back again. The said Officers posted up to the Parliament before the Commissioners, & the 13. April were called in to the Commons Bar, where they made a relation to the House, to this purpose: That the Lord Inchiquin having made an expedition into the County of Kerry, upon his return, sent for these Officers into his presence Chamber, and told them, He intended to declare against the Army and Independent party in England, who kept the King and Parliament under a force: That he would stand for the liberty of the King and Parliament, and a free conference to settle Peace; and that he expected all his Officers should join with him in so honourable an undertaking; but should take an Oath of secrecy, before he discovered himself farther to them. They answered, They could take no such Oath before they knew whether they might with a safe Conscience keep it: saying, they would be true to the Parliament. My Lord Inchiquin replied; So have I, and will be; delude me not with ambiguous words. Do you mean this pretended Parliament? telling them farther, he had good, correspondence with all the Presbyterians in Scotland and England, as well in the Parliament, as out of it; that he doubted not to go through with his undertaking; and if the worst happened, to make good conditions for himself and his party. That he would make peace with the Lord Taffe, and that he knew the Independents in England were upon treaty with Owen, Roc, Oneal, who was a man of their humour, and loved to keep all in a combustion. They refusing to join, he dismissed them for England. The same day Letters from Captain John Crowther, Vide-admiral of the Irish Seas from a Shipboard, were read in the House, much to the same purpose, though not so large: wherein he said, he had already blocked up all my Lord Inchiquines Havens. Presently Allen the Goldsmith moved, 87 87. Allen the Goldsmith, moveth to put the House to the touch, by some Covenant Declaration. That since the Lord Inchiquine had discovered that he had a correspondency with the Presbyterians in the House, before they dealt with their Enemies without doors, they should try who were their enemies within doors, by putting all men to some Covenant, Engagement, or Protestation, etc. and Lieutenant General Cromwell said, That being to debate this business to morrow, whosoever with cross Arguments shall spin out the debate, and so retard our proceed, (by my consent) shall be noted with a black coal: to which was Answered, That this tended to take away freedom of debate, which was the life of Parliaments and of all Counsels: and was destructive to the very being of Parliaments. (It is not amiss to insert here by way of digression, what I formerly omitted) Sir Henry Mildmay long since moved, That 150. rich Guard-Coates of the Kings, might be sold for 800.l. to find fire and candle for the Soldiers in White-Hall. The Question put: The Speaker gave judgement, the Yea, had it. Master Edw. Stephens declared the noah's, had it. They were unwilling to divide upon such a Question: But M. Stephen's persisted; and Robert Reynolds said aloud, notice shall be taken of him, for putting such a dishonour upon the House. Upon the Division, the noah's carried it by nine voices. Thereupon complaints was made against Reynolds, for attempting against the liberty of Voting, but no redress. But to return from my digression. The next day 14 of April, it was moved, that my Lord Inchiquins' son, a child of 8 or 9 years old, going to School at Thistleworth, might be secured in the Tower, and kept for an Hostage. To which was Answered, That no man could give an Hostage. An Hostage must be given upon the public faith, upon some stipulation, and must be so received, by mutual agreement, you cannot punish the Child for the Father's fault; yet he was Voted to the Tower, and sent. My Lord Inchiquins' Commission as precedent of Munster, and General of the Army, Voted void, and no man to obey him, himself Voted a Traitor: Yet no man examined upon Oath against him, nor any man sent to take information of the business into Ireland, and his professed enemy the Lord Lisle is to go General into Munster in his room; and the said fugitive Officers all rewarded, as if they had brought acceptable news. This day Reynolds revived Allens motion for putting the Members to the Test, by some Covenant, Protestation, or Declaration subscribed, That this is a free Parliament, and that they would live and die with this Parliament and Army: To which was Answered. 1. That by Ordinance of both Houses, all men were enjoined to take the Nationall Covenant. This Covenant is the true Touchstone of the Parliament, and so agreed upon by the wisdom of both Nations: Yet many sit here who refuse to obey this Ordinance: I know no reason therefore, why any man should obey you in any other Ordinance of this nature: let us keep the old Covenant before we take any new. 2. It hath been moved in this House, that the Oaths of Justices of the Peace and Sheriffs, might be taken away: I hope you will not abolish legal Oaths, and impose illegal Oaths. This House hath not so much Authority, as to administer an Oath, much more to impose one: you must allow to others that liberty of Conscience which you demand for yourselves. 3. Major Grace told you, my Lord Inchiquine said he had correspondency with all the Presbyterians in the House, who had made their peace with the King. But my Lord Inchiquine told him farther, the Independents were upon Treaty with Owen, Roc, Oneal, let them clear themselves of that imputation first, before they give a purgation unto others, otherwise what you do, will savour of force. 4. The true Touchstone to try every man's integrity is, To examine, who have enriched themselves by the calamities of the times and your service: and who are impoverished. 5. This is a new device to Purge the House. The Grandees of the House have cantonized the Kingdom between, 88 88 The Counties compelled to give thanks to the Houses for their Votes against the King. them every man in his division protecting the Country Committees, and receiving tribute from them in recompense of their protection; and Prideaux the Postmaster being king of the West Saxons, his Viceroy or Lord Deputy for the County of Somerset is that running Colonel John Pyne, who being often inspired with Sack, rules the Committee and County by inspiration. Pyne and his Peers of the Committee, to please his Superiors, set on foot a draught of a Petition to be handed by the Country: Giving thanks to the Parliament for their 4 Votes against the King, and promised to live and die with the Parliament and Army, and desired the County might be freed from Malignants, Neuters, and Apostates; which (in their interpretation) signifies Presbyterians and moderate men, who will not dance about the flame when the Independents make a bonfire of the Commonwealth. The Eastern Division of rejected the Petition: in the Western Division Pyne and his Committee sending abroad their Sequestrators, with the Petition, (and threatening to take them for Malignants and sequester them that refused) got many subscriptions; but the Subscribers since better informed of the danger and mischief of those Votes, retracted what they had done by a counter. Petition, wherein they declared that their Subscription to the former Petition was contrary to their judgement and conscience, and extorted by terror of Sequestrators, and threats of being sequestered. This affront stung the Committee, and opened the eyes of the Country: as the like foolish attempt of Sr H. Mildmay did the eyes of the County of Essex. Wherefore to find a plaster for this broken pate, Sergeant Wylde (he that hanged Capt. Burly) coming that Circuit, care was taken to have a selected Grand Jury of Schismatics and Sequestrators blended together, who made a presentment subscribed by 19 of their hands, which Sergeant Wylde preserved in his pocket; and upon Tuesday 18. April delivered with as much gravity as a set speech and set ruff could furnish him withal in the House of Commons, and was read and harkened unto by the thriving godly, with as much attention, as pricking up of ears, and turning up of eyes could demonstrate: the contents of this Presentment were the same with the aforesaid revoked Petition. Great care was taken to give thanks to the high Sheriff and Grand Jury, who had so freely delivered the sense of that well-affected County: and as much care taken to improve this Talon and put it to interest throughout the Kingdom. Colonel Purefoy is now at this work in . Sir Arthur Hasterig about Newcastle: others in other places. Pitiful Crutches to support a crippled reputation, which now halts and begs for relief worse than their own maimed Soldiers do, and with as bad success; they have juggled themselves out of credit, and would fain juggle themselves in again. Behold the wisdom of our Grandees, wise, religious, new-modelled Politicians, who have brought themselves and the whole Kingdom into these deplorable, contemptible straits; take notice of your Representative you that are Represented, call them to a seasonable account: But whither doth my zeal carry me? I shall anon stumble upon a new-fangled Treason to be declared against me. 89 89. men's tongues tied up by an Ordinance. Friday, 21. April, an Ordinance was presented to the House, entitled, For suppressing all Tumults and Insurrections, (the Committee of Safety at Derby house had before an ample power conferred upon them for that purpose; but guilty consciences though they be safe, are never secure; like Cain, they think that every man will slay them) it was passed after some amendments to this purpose, That any three Committee men shall have power to Imprison and Sequester all such as shall actually adhere to any that shall raise, or endeavour to raise Tumults and Insurrections, or shall speak or publish any thing reproachful to the Parliament, or their proceed: Behold here an excise (amounting to the value of all you have) set upon every light word: A man made an offender for a word to the utter ruin of him and his posterity, under colour of defending Laws, Liberties, and Properties, you are cheated of them all, and reduced to mere and absolute slavery and beggary: you are not masters of your own carcases, yet your mouths are buttoned up, you must not be allowed that silly comfort of venting your griefs by way of complaint: what Tyrant was ever so barbarous, so indiscreet as to do the like? It was moved that Offenders of this kind might be bound to the good Behaviour, and the offence proved openly at the Assizes or Sessions, before so destructive a punishment be inflicted. There are three principles in law, of which the Laws are very tender, and will not suffer them to be touched but upon great offences, clear proofs, and exact formalities observed; life, liberty, and estate, by Magna Charta, the Petition of Right, and many other Statutes; these principles are so sacred, that nothing but the Law can meddle with them, Nemo imprisonetur aut disseisietur nisi per legale judicium parium suorum, you have made the people shed their money and blood abundantly, pretending defence of Religion, Laws, and Liberties, let them now at last (being a time of peace) enjoy what they have so dearly paid for; and delay them not with a pretended necessity of your own making, you now make all that is, or can be near and dear to them liable to the passions of three Committee men to judge and execute according to their discretion without Law, or so much as a formality thereof: And yet both Houses of Parliament have often heretofore offered to abolish those Committees as men whose wickedness and folly they and the whole Kingdom were ashamed of: The Grandees of the Parliament and Army when the Houses are called and full, have resolved to draw their Forces nearer about the Town, and by that terror to try the temper of the Houses; such Members as will not comply with them, they will with fresh Charges purge out of the Houses, and publish base and infamous scandals against them, to which if they submit with silence, they betray their reputations for ever; and spare the credits of their juggling enemies. If they make any defence for their honours by way of apology, they shall be brought within the compass of this devouring, enslaving Ordinance, as men that reproach the Parliament and their proceed. Thus the same whip shall hang over the shoulders of the Presbyterian party (who will not agree to King-deposing, Anarchy, & Schism) as it did formerly over the King's party. And the Presbyterians shall be squeezed into the Independents coffers, as formerly the King's party were, so long as they had any thing to lose; for the whole earth is little enough for these Saints, who are never satisfied with money and blood, although they never look towards Heaven but through the spectacles of this world. The old elogium and character of the English Nation was, that they were, Hilaris gens, cui libera mens, & libera lingua. But now (Countrymen) your tongues are in the stocks, your bodies in every gaol, your souls in the dark, and estates in the mercy of those that have no mercy, and at the discretion of those that have no discretion: Farewell English Liberty. 90 90. General Conclusions. Out of these Premises I shall draw these Conclusions following: 1 1. The Grandees have subverted the fundamental Government of the Kingdom, and why. 1. THe engaged Party have laid the Axe to the very root of Monarchy and Parliaments: they have cast all the mysteries and secrets of Government, both by Kings and Parliaments, before the vulgar; like pearl before swine: and have taught both the Soldiery and people to look so far into them, as to ravel back all Governments, to the first principles of nature: he that shakes fundamentals, means to take down the fabric. Nor have they been careful to save the materials for posterity. What these negative Statists will set up in the room of these ruined buildings doth not appear; only I will say, they have made the people thereby so curious and so arrogant, that they will never find humility enough to submit to a Civil rule; their aim therefore from the beginning was to rule them by the power of the Sword, a military Aristocracy or Olgarchy, as now they do. Amongst the aincient Romans, Tentare Arcana Imperii, to profane the mysteries of State was Treason; because there can be no form of Government without its proper mysteries: which are no longer mysteries then while they are concealed. Ignorance, and admiration arising from Ignorance, are the parents of civil devotion and obedience, though not of Theologicall. 2 2. They have subverted the Church. 2. Nor have these Grandees and their party in the Synod, dealt more kindly with the Church then with the Commonwealth: whose reverend Mysteries; their Pulpits and holy Sacraments; and all the functions of the Ministry are by their connivance profaned by the clouted shoe; the basest and lowest of the people making themselves Priests: and with a blind distempered zeal Preaching such Doctrine as their private Spirits (spirits of illusion) dictate to them: But let them know, that their burning zeal without knowledge, is like hellfire without light. Yet the greatest wonder of all is, The Sacrament of the Lords Supper discontinued, and why? That they suffer the Lords Supper (that Sacrament of Corroboration) to be so much neglected in almost all the Churches in the Kingdom. Is it because men usually before they receive our Saviour, (that blessed guest) sweep the house clean, casting out of their hearts, (those living Temples of the holy Ghost) Pride, Ambition, Covetousness, Envy, Hatred, Malice, and all other unclean Spirits, to make fit room to entertain Jesus, that prince of peace: whereby the people having their minds prepared for Peace, Charity, and Reconciliation; may happily spoil the trade of our Grandees, who can no longer maintain their usurped dominion over them, than they can keep them disunited with quarrels and feudes; and uphold those Badges of factions, and terms of distinction and separation: Cavaliers, Round-heades, Malignants, Well-affected, Presbyterians and Indedendents? or is it because they fear, if the Church were settled in peace & unity, it would be a means to unite the Commonwealth, as a quiet cheerful mind often cureth a distempered body? I will not take upon me to judge another man's servant; but many suspect this is done out of design, not out of peevishness. 3. That these Grandees govern by power, 3 3. The Grandees rule by the arbytrary power of the Sword, not by the Laws. not by lo●● and the the Laws of the Land, (which was my last assertion) appears by 1. The many Garrisons they keep up, and numerous Army they keep in pay to overpower the whole Kingdom, more than at first the Parliament Voted. 2. Their compelling the Parliament to put the whole Militia of England and Jreland, by Land & Sea, into the power of Sir Tho: Fairfax and their party. 3. Nor do they think the Laws of the Land extensive enough for their purposes; therefore they piece them out with Arbitrary Ordinances, Impeachments before the Lords, and Marshal Law, which is now grown to that height, that the Council of War, General, and judge Advocate of the Army do usually send forth instructions to stay suits, and release judgements at Law, or else to attend the Council of War, wheresoever they sit, to show cause to the contrary: And when Lieut. Colonel Lylborne was ordered to be brought to the King's Bench-Barre, upon his habeas Corpus, Easter Term, 1648. Cromwell sent word to the Lieutenant of the Tower not to bring him, and Cromwell was obeyed, not the Judges. Thus the Laws of the Land are daily baffled, that men may be accustomed to Arbitrary Government, and those actions which no Law of the Land calls a crime, may be interpreted Treason when our Grandees please to have it so. 4. Their allowing Money to some Committees to reward Informers, Spies, & Intelligencers to betray even their nearest friends & relations. 5. Their holding Honest, Generous, and Grave men in suspicion, and making the Houses of Parliament and Army snares to them, expelling them with false and extrajudicial Accusations. 6. Their owning dishonest, base minded men, that have cheated the State, as instruments fit to be confided in, and associate with them in time of danger. 7. Their impoverishing the people with confused Taxes, decay of Trade, and obstructing of the mint, and thereby breaking their spirits. 8. Their changing and dividing the Militia of London purposely to weaken it. 9 Their not restoring to the Countries their Militia, and trusting them to defend their own houses as formerly. 10. Their nourishing factions in the Commonwealth, Schisms in the C●●●ch. 11. Expelling learned Divines to let in ignorant men. All these are Tyrannical policies grounded upon the old principle; That a Tyrant should deprive His Subjects of all things that may nourish courage, strength, knowledge, mutual confidence and charity amongst them; which Maxim the best Politicians say contains the whole Systeme or method of Tyrannical Government. 4 4. The Independents divide the Taxes, Spo les, & Preferments of the Land between them. 4. As this encroaching faction have usurped all the Military and Civil power of both Kingdoms; so they have Monopolised all the great Offices, Rich employments, and Treasure of the Land; They are clearly the predominant party in all money Committees; They give daily to one another for pretended Services, Altar's, and loosses, great sums of money: many of their largisses I have already set down, They gave lately to Colonel Hammond Governor of the Isle of Wight, for his Table 20l. a week, 1000. in money, and 500l. a year land; to Major Gen. Skippon 1000. per annum land of Inheritance; to Col. Mitton 5000l. money. All the cheating, covetous, ambitious persons of the land, are united together under the name and title of The Godly, the Saints, etc. and share the fat of the land between them, few of them pay any Taxes, but all the Land pays Tribute to them. It is thought this Faction, their under-Agents and Factors have cost this Commonwealth above 20 millions never laid forth in any public service. Nay, the Treasurers and Publicans of this Faction have clipped and washed most of the money that comes into their fingers before they pay it forth, knowing that any money that comes out of their fingers will be accepted; two Goldsmiths are thought to be dealers this way, yet they lay the blame on the Scottish Army, as the Cuckoo lays her brood in other nests. 5. Having thus imped their wings for flight, 5 5. The Independents provided of Places of retreat to fly to. they have provided themselves of places of retreat in case they cannot make good their standing in England; Ireland is kept unprovided for, that they may find room in it when necessity drives them thither. If their hopes fail in Ireland, they have New-England, Bermudas, Barbadas, the Carybi Isles, the Isle of Providence, Eleutheria, Lygonia, and other places to retreat to, and lay up the spoils of England in: nay, they usually send chests and vessels with money, plate, and goods beyond Sea, with Passes from the two Speakers, To let them pass without searching: the Navy is in their power to accommodate their flight, and by their Instruments called Spirits, they have taken up many Children and sent them before to be Slaves and drudges to the Godly in their schismatical Plantations: as the Turk takes up Tribute-childrens from the Christians to furnish his nursery of Janissaries: and so they have their Agents that buy up all the Gold they can get: Cromwell not long since offered 11000l. in silver for 10000l. in gold; besides, he is well furnished with the King's Jewels taken in his Cabinet at Nazeby, many of them known jewels, as the Harry, and the Elisabeth. 6. Nor shall the vulgar sort of Independents either in Parlialiament, Army, or City, far better than the rest of the Kingdom. 6 6. The vulgar Independents but props and properties to the Grandees. The Grandees both of Parliament and Army endeavouring to adjourn the Parliament, and draw all the power of both Houses into the Committee of Derby-house, consisting but of 20. or 30. the rest of the Independent Members will find their power dissolved in the adjournment, and swallowed up by that Committee, and rheir services forgotten: nor shall they have any power in the Militia, which is the only quarrel between them and the King: the Grandees disdaining to have so many Partners in that which they have got by their own wits; for know that the Grandees have always been winnowing the Parliament. First, they winnowed out the moderate men under the notion of the King's party; then the Presbyterians; and now they will winnow forth the lighter and more chaffy sort of Independents, who stand for the Liberty of the people; a thing which Cromwell now calleth, a fancy not to be engaged for; and so they will bring all power into their own hands. Thus having contracted the Parliament into a Committee of Safety, they will adjourn themselves (though the Parliament cannot) to Oxford, or some other place which they more confide in then London: and this is the settling the Kingdom without the King, they so much aim at: and which they had rather the people should be brought to practically and by insensible degrees, then by Declarations held forth to them before hand, or by politic Lectures in the Pulpit. Thus is it decreed that this Cabal of Godly men at Derby-house shall with a Military Aristocracy or rather Oligarchy, rule this Nation with a rod of Iron, and break them in pieces like a Potter's vessel. Observe that the Ordinance by which the Committee of Derby-house is revived, and the additions of power to it, are purposely penned in such ambiguous terms, that he that hath the Sword in his hand, may make what construction of them he pleaseth: neither were they clearly penned, is it in the power of the Houses (being but the trusties of the people) to transfer or delegate their trust to a lesser number of men: a trust not being transferable by law, and the people having chosen a Parliament, not a Committee to look to their safety and peace. 7 7. The Army hinders Peace and Setlement. 7. The Grandees of the Parliament and Army have brought the Kingdom to so miserable a condition, that they have left no Authority in England able to settle peace: the King is a close Prisoner to the Army, therefore all he shall do will be clearly void in law by reason of Dures: The Parliament is in Wardship to them, who keep armed Guards upon them, Garrisons round about them, and by illegal Accusations, Blank Impeachments, threatening Remonstrances, and Declarations, etc. fright away many Members and compel the rest to Vote and un-Vote what they please, whereby all the Parliament doth is void and null in Law ab initio, it being no free Parliament but a Sub-committee to the Army, and living as the Egyptians did under vassalage to their own Mamaluchis or Mercenaries: The people therefore must resolve either to have no Army, or no Peace. 8. They have put out the eyes of the Kingdom, 8 8. The two Universities destroyed. the two Universities of Oxford and Cambridge, and have brought the whole Land to make sport before them, knowing that Learning and Religion, as well as Laws and Liberties, are enemies to their barbarous, irrational, and Russian way of Government. 9 Many honest men took part with this Parliament, 9 9 Many honest men seduced by fair pretences, took part with them; never intending to leave their first principles, and enslave King, and Kingdom. seduced by those fair pretences of defending Religion, Laws, and Liberties, which they first held forth to the people; and being unwilling to have a Parliament conquered by the Sword, not thinking it possible that a prevailing Faction in Parliament should so far prevaricate as to conspire to enslave King, Parliament, and Kingdom, to subvert the Laws, Liberties and fundamental Government of the Land, under which they and their Posterity were, and were likely to be so happily governed, and betray Religion unto Heretics and Schismatics, and share the spoils of the Commonwealth between them, and think of enriching themselves with them in foreign lands; yet many at the beginning much disliked that Religion should be used as an ingredient to the carrying on of a Civil War, and that Schismatics should have so great a stroke in managing the business: yet were pacified with this consideration, that we must refuse no helps in our defence: if a man be assaulted by Thiefs on the high way, he will not refuse to join with Schismatics or Turks in a common defence; the same authority that then countenanced those Schismatics (it was hoped) would be able to discountenance them again when the work was done. But the Grandees of the Houses (having other designs) had so often purged the Houses, that they left few honest moderate men in them to oppose their projects, still bringing in Schismatics and men of their own interests, by enforced & undue Elections, into their rooms; and so by insensible degrees, new modelled the House suitable to their own corrupt desires, and new modelled this Army accordingly: so that the people (who had no intention to be entrusted so far) were step by step so far engaged before they were ware, that they could not draw their feet back, and do now find (to their grief) that the Bit is in their mouths, the saddle fast girt on their galled backs, and these Rank riders mounted; who will spur them (not only out of their Estates, Laws, and Liberties) but into Hell with renewed Treasons, new Oaths, Covenants and Engagements, if they take not the more heed, and be not the more resolute: they have changed their old honest principles, and their old friends, who bore the first brunt of the business; and have taken new principles and friends in their room, suitable to their present desperate designs, and now (that they have squeezed what they can out of the King's party) they think of sequestering their old friends, because they adhere to their old principles. 10 10. Who are the King's bitterest enemies. 10. Amongst those that are most bitter against the King, his own Servants (especially the Judasses' of the Committee of the Revenue that carry his purse, and have fingered more of his money and goods than they can or dare give an account for) are the greatest Zealots, those that take upon them employments about his Revenue, and share what allowances to themselves they please for their pains; those that buy in for trifles old sleeping pensions, that have not been paid nor allowed this thirty years, and pay themselves all arrears: those that rend parcels of the King's Revenue, for the eighth or tenth part of the worth, as Cor: Holland, who renteth for 200l. per annum, as much of his Estate as is worth 1600l. or 1800l. per annum: Thus you see the Lion (Lord of the forest) growing sick and weak, become a prey, and is gored by the Ox, bitten by the Dog, yea and kicked by the Ass; Look upon this precedent you Kings and Princes, and call to mind examples of old, that of Nabuchadnezzar & others, lest by exalting yourselves too high, you provoke God to cast you too low. The Epilogue. I Am not Ignorant that there is a natural purging, a natural phlebotomy, belonging to politic, as well as to natural bodies: and that some good humours are always evacuated with the bad, yet I cannot but deplore what I have observed, That the honestest and justest men of both sides (such as, if they have done evil, did it because they thought it good; such as were carried aside with specious pretences, and many of them seduced by pulpit-Devils who transformed themselves into Angels of light) have always fared worse than other men, as if this difference between the King & Parliament were but a syncretismus or illusion against honest men: nay, I do farther foresee that in the period and closing up of this Tragedy, they will far worst of all, because they have not taken a liberty to enrich themselves with public spoils, and fat themselves by eating out the bowels of their mother, but are grown lean and poor by their integrity; whereby being disabled to buy friendship in the days of trouble, they will be put upon it, to pay other men's reckon: When Verres was Praetor of Sicily he had with wonderful corruptions pillaged that Province; and at the same time the Praetor of Sardinia being sentenced for depeculating and robbing that Province, Timarchides, Verres correspondent at Rome, writ a very anxious Letter to him, giving him warning of it: But Verres in a jolly humour answered him, that the Praetor of Sardinia was a fool, and had extorted not more from the Sardinians than would serve his own turn; but himself had gathered up such rich Booties amongst the Sicilians, that the very overplus thereof would dazzle the eyes of the Senate, and blind them so that they should not see his faults: such (I foresee) will be the lot of the more just and modest men, who shall be guilty because they were fools; as the other sort shall be innocent because they were knaves: whatsoever befalls (you clear and innoxious souls) be not ashamed, be not afraid of your integrity: if this Kingdom be a fit habitation for honest men, God will provide you a habitation here; if it be not capable of honesty, God will take you away from the evils to come, and pour out all the vials of his wrath upon this totally and universally corrupted Nation, this incurable people; Qui nec vitia sua nec eorum remedia ferre potest: for my own part, (if I am not such already) I hope God will make me such a man, Quem neque pauperies, neque mors, neque vincula terrent; and if Moses in a heroic zeal, to draw a remission of the people's sin from God, desired to be blotted out of his book, (the book of life) and S. Paul to be Anathema for his brethren, why should not I (with relation to myself, & submission to Christ) say, oportet unum mori pro populo, it is fit one man die for the people, and devote myself to death for my Country, as the Family of the Decii in ancient Rome were wont to do? I have read and admired their examples, why not imitate them? is it because (as Machiavelli saith) the Christian Religion doth too much break, enfeeble, and cowardice the spirit of man, by persecuting & subduing nature by denying her due Liberty, & tying her to be more passive than active: At facere & pati fortia Romanum, imo Christianum est: or is it because in this general deluge of sin and corruption, all public spirit, and all excellency in virtue is accounted a degree of madness? or is it because of the corrupt Judgement of these times, which makes a man more infamous for his punishment, then for his sin? and therefore Heroic acts are out of fashion; the Circumstances and Ceremonies of death, are more taken notice of then Death itself: these follies weigh not with me. Sublimis an humi putrescam, parvi refert. The thief upon the Cross found a ready way to Heaven: how much more an honest man? many a man out of prison steps into Heaven, no man out of Paradise ever found the way thither: Salebrosa sit via, modo certa, modo expedita; alte succinctus ad iter me accingo. THe premises considered, I do here in the name & behalf of all the free Commons of England, declare and protest that there is no free nor legal Parliament sitting in England; but that the two Houses sit under a visible, actual, and a horrid force of a mutinous Army, and of a small party of both Houses conspiring and engaged with the said Army, to destroy, expel and murder, with false Accusations, and blank and illegal Impeachments and Prosecutions, the rest of their fellow Members, who sat in Parliament doing their duty, when the two Speakers with a small company of Members secretly fled away to the Army, and sat in Council with them, contriving how to enslave King, Parliament, City, and Kingdom, and how to raise Taxes at their pleasure, which they share amongst themselves and their party, under the name and title of the Godly, the Saints: And afterwards they brought the Army up to London, against the Parliament and City in hostile manner; A design far exceeding the Plot of Jermine, Goring, etc. to bring up the Northern Army to London to over-awe the Parliament: I do farther protest, that the two Houses have sat under the said force, ever since the 6. of Aug. last; and therefore all they have done, and all they shall do, in the condition they now sit in, is void and nul in Law, ab initio, by their own doctrine and judgement included in their Ordinance of the 20. of Aug. last; whereby they nul and void, ab initio, all Votes, Orders, etc. passed from the 26. July 1647. to the 6. Aug. following. FINIS.