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<DATE>12-09-11</DATE>
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<NAME>Mona Logarbo</NAME>
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<TEXT LANG="eng">
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<DIV1 TYPE="title page">
<PB REF="1">
<PB REF="1" MS="y">
<P>THE COMPLEAT HISTORY OF Independencie.</P>
<P>UPON THE PARLIAMENT Begun 1640.</P>
<P>By <HI>CLEM. WALKER,</HI> E&s;q;</P>
<P>Continued till this pre&s;ent year 1660. which fourth Part was never before publi&s;hed.</P>
<Q LANG="lat"><BIBL>Horat.</BIBL>
<P>Spe Metuque procul.</P></Q>
<P><HI>LONDON,</HI> Printed for <HI>Iohn Wiliams</HI> at the <HI>Crown</HI> in St. <HI>Paul</HI>'s Church-yard, 1661.</P>
</DIV1>
<DIV1 TYPE="title page">
<PB REF="2">
<PB REF="2">
<P>RELATIONS <HI>AND</HI> OBSERVATIONS, HISTORICAL and POLITICK, upon the PARLIAMENT begun <HI>Anno Dom.</HI> 1640.</P>
<P><HI>Divided into</HI> II. <HI>Books:</HI>
<LIST>
<ITEM>1. The My&s;tery of the two Junto's, <HI>Presbyterian</HI> and <HI>Independent.</HI></ITEM>
<ITEM>2. The Hi&s;tory of <HI>Independency,</HI> &amp;c.</ITEM>
</LIST></P>
<P>TOGETHER WITH An APPENDIX, touching the Procee|dings of the <HI>Independent Faction</HI> in <HI>SCOTLAND.</HI></P>
<Q LANG="lat"><BIBL>POLIB.</BIBL>
<L>Hi&s;torici e&s;t, Ne quid fal&s;i, audeat dicere:</L>
<L>Ne quid veri, non audeat.</L></Q>
<Q LANG="lat"><BIBL>HORAT.</BIBL>
<L>Spe, metuque procul.</L></Q>
<P>Printed in the Year 1648.</P>
</DIV1>
<DIV1 TYPE="dedication">
<PB REF="3">
<PB REF="3">
<HEAD>To my dread Soveraign.</HEAD>
<OPENER><SALUTE>Royal Sir,</SALUTE></OPENER>
<P>_YOU have Drunk deep in the Cup of Affliction, and we have all Pledged you; it is whol&s;ome, though bitter; but let us pray to God to remove this Cup in time, for the dregs and lees are poy|&s;on. You have learned by over-winding the &s;trings of Authority, how to tune the People of this Monarchy, without breaking their Patience hereafter. Mo&s;t Princes de&s;ire unlimited power, which is a Sail too great for any Ve&s;&s;el of Mor|tality to bear; though it be never &s;o well Balla&s;ted with Ju&s;tice, Wi&s;dome, Moderation, and Piety, yet one flarb or other will endanger the over-&s;etting it. Tho&s;e Commonwealths are mo&s;t &s;table and plea&s;ing where the <HI>State is &s;o mixed</HI> that every man (according to his degree and capacity) hath &s;ome <HI>intere&s;t</HI> therein to content him. <HI>The KING, Sovereign Command and Power; The Nobility and Gentry, a derivative Authority and Magi&s;tracy;</HI> and <HI>all enjoy their Laws, Liberties, and Properties.</HI> God hath cur&s;ed him that removeth the Bound-marks of his neighbour: this is a com|prehen&s;ive cur&s;e, Kings enlarging their Prerogatives beyond their limits, are not excepted from it. You may be pleas'd to take heed therefore of two &s;orts of men, mo&s;t likely to mi&s;-lead you in this point, Ambitious Lawyers, who teach the Law to &s;peak, not what the Legi&s;lators meant, but what you &s;hall &s;eem to de&s;ire: To avoyd this &s;nare, &s;uffer your Parliament to nominate 3. men for every Judges place, out of which you may plea&s;e to choo&s;e one, as in pricking of Sheriffs. For it is the people that are ob|noxious to their wickedne&s;s, you are above the reach of their malice. The &s;econd &s;ort is <HI>Para&s;itical Divines:</HI> The&s;e Ear-wigs are alwayes hovering in Princes Courts, hanging in their ears.
<PB REF="4"> They take upon them to make Princes beholding to their vio|lent wre&s;ting of the Text, to be&s;tow upon them whatever Prero|gative the Kings of <HI>Juda</HI> or <HI>I&s;rael</HI> u&s;ed or u&s;urped; as if the ju|dicials of <HI>Mo&s;es</HI> were appointed by God for all Common-wealths, all Kings: as a good Bi&s;hoprick or Living is fit for eve|ry Prie&s;t that can catch it. The&s;e men having their be&s;t hopes of preferment from Princes, make Divinity to be but <HI>Organon Po|liticum,</HI> an in&s;trument of Government; and harden the hearts of Princes, <HI>Pharaoh</HI>-like: Kings delight to be tickled by &s;uch venera|ble, warrantable flattery. Sir, you have more means to prefer them than other men, therefore they apply them&s;elves more to you than other men do. <HI>Tu facis hunc Dominum, te facit ille Deum.</HI> The King makes the poor Prie&s;t a Lord, and rather than he will be behind with the King in courte&s;ie, he will flatter him above the condition of a Mortal, and make him a God Royal. <HI>Sir,</HI> permit me to give you this Antidote again&s;t this poy&s;on; let an Act be pa&s;t, <HI>That all &s;uch Divines, as either by Preaching, Writing, or di&s;cour&s;ing, &s;hall advance your Prerogative and Power above the known Laws and Liberties of the Land, forfeit all his Eccle&s;ia&s;tical preferments</HI> ip&s;o facto, <HI>and be incapable ever after, and for ever ba|ni&s;hed your Court.</HI> But above all learn to tru&s;t in your Judgment: <HI>Plus aliis de te qu&agrave;m tu tibi credere noli:</HI> God hath enabled you to remember things pa&s;t, to ob&s;erve things pre&s;ent, and by compa|ring them together to conjecture things to come; which are the three parts of Wi&s;dom that will much honor and advantage you. God keep your Maje&s;ty; &s;o prayes</P>
<CLOSER><SIGNED>Your humble Subject, <HI>THEOPH. VERAX.</HI></SIGNED></CLOSER>
</DIV1>
<DIV1 TYPE="dedication">
<PB REF="4">
<HEAD>To his Excellency Sir <HI>THOMAS FAIRFAX,</HI> and the ARMY under his Command.</HEAD>
<P>MY Lord and Gentlemen, I have here by way of <HI>Pre|paration</HI> laid open to your view, tho&s;e <HI>Vlcers</HI> which you have undertaken to <HI>cure, viz.</HI> The 2 <HI>Factions in Parlia|ment,</HI> Authors of <HI>Schi&s;mes</HI> and <HI>Divi&s;ions</HI> in the two <HI>Hou&s;es,</HI> from whence they are derived to the whole Kingdome, to <HI>the ob&s;tructing of ju&s;tice,</HI> and of the <HI>e&s;tabli&s;hment</HI> of our <HI>Laws, Rights, Liberties</HI> and <HI>Peace; the en&s;laving of the Parliament</HI> it &s;elf, and the <HI>dilapidating of the Publick Trea&s;ure:</HI> whereby the <HI>whole Kingdom</HI> may be <HI>enfranchi&s;ed, &s;ecured, and united;</HI> and <HI>the King and his Po&s;terity &s;etled in His due Rights;</HI> which is the &s;um of all your undertakings in your many reitera|ted Papers. I confe&s;s a <HI>Herculean</HI> labour, and far beyond his clen&s;ing of the <HI>Augaean</HI> Stable; That was performed <HI>by an Arm of fle&s;h,</HI> this cannot be effected <HI>without an extra|ordinary calling</HI> (for <HI>ordinary calling thereto</HI> you have none, and God &s;eldome ble&s;&s;eth a man <HI>out of his calling</HI>) and though an <HI>heroick heat and zeal</HI> may go far, yet <HI>it will tire many miles on this &s;ide the work, unle&s;s it be blown and in&s;pired with divine breath.</HI> And as <HI>Alchymi&s;ts</HI> &s;ay of the <HI>Philo&s;ophers Stone,</HI> &s;o I of this work (which is the <HI>Philo&s;ophers Stone</HI> in our <HI>Engli&s;h Politicks) it cannot be effected but by a man of won|derfull and un&s;potted Integrity and Innocency; free from all Fraud, Self-&s;eeking, and Partiality.</HI> In order to this great work you have already begun to &s;ift and winnow the <HI>Hou&s;e of commons,</HI> by <HI>charging</HI> 11 <HI>Presbyterian Grandees; who</HI> if they be proved <HI>guilty,</HI> mu&s;t needs have their <HI>counterpanes equally faulty,</HI> even to a &s;yllable; in the oppo&s;ite <HI>Junto of Independents;</HI> for when two <HI>factions</HI> &s;hall con&s;pire to to&s;s &amp; keep up the <HI>golden ball of Government, Profit</HI> &amp; <HI>Prefer|ment</HI>
<PB REF="5"> between them, neither can be innocent; unle&s;s there|fore you apply your corro&s;ive to one <HI>Vlcer</HI> as well as the other, you will never work a compleat cure, <HI>nor will be free from &s;candal and appearance of faction or de&s;ign</HI> (that I may u&s;e your own words) <HI>to weaken onely one party</HI> (under the notion of unju&s;t or oppre&s;&s;ive) <HI>that you may advance a|nother more than your own.</HI><NOTE PLACE="marg"><HI>Repre&s;en|tation</HI> p. 6. &s;ect. 2.</NOTE> Be&s;ides, it is ob&s;erved that you &s;peak but coldly to have <HI>the publick accounts of the Kingdom Stated;</HI> putting it off with a wi&s;h only, as if you did &s;ecret|ly fear, what the Presbyterians openly &s;ay, <HI>That the Inde|pendents are guilty of more Millions than their party:</HI> your own words are,<NOTE PLACE="marg">p. 14. &s;ect. 7.</NOTE> <HI>We could wi&s;h the Kingdom might both be righted &amp; publickly &s;atisfied in point of Accounts for the va&s;t &s;ums that have been Leavied; as al&s;o for many other things, &amp;c. But we are loath to pre&s;s any thing that may lengthen di&s;pute.</HI> Are &s;o many Millions to be cur&s;orily pa&s;&s;ed over without di&s;|pute? were they not the blood and tears of the exhau&s;ted people, and the milk of their Babes; are they not like <HI>Achan's</HI> wedge among&s;t us? would it not much ea&s;e the people of burthens, and go far in the payment of Souldiers and publick debts, to have both the <HI>Kings</HI> and the <HI>Parli|aments &s;ponges</HI> (of what party and profe&s;&s;ion &s;oever) &s;quee|zed into the common Trea&s;ury when&s;oever the Common-wealth &s;ettles? Review this clau&s;e well, and as the Parliament hath altered &s;ome Votes for you, &s;o do you alter this clau&s;e for the people, who long not only to &s;ee the Kingdom, but al&s;o our new-made Gentlemen <HI>in &s;tatu quo prius.</HI> Gentlemen, you that will give Coun&s;el will take it without offence, again&s;t him that dares lay as good claim to ju&s;tice and hone&s;ty as your &s;elves.</P>
<CLOSER><SIGNED>THEODORUS VERAX.</SIGNED></CLOSER>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="text">
<PB N="1" REF="5">
<HEAD>The My&s;tery of the Two Juntoes, <HI>Presbyterian</HI> and <HI>Independent,</HI> with &s;ome Additions.</HEAD>
<P><MILESTONE N="1"> THe Kingdom being overgrown with <HI>Prerogative, Cor|ruption</HI> and <HI>Super&s;tition,</HI> (the fruits of a long and lazie peace) by a long di&s;continuance of Parliaments; at la&s;t by Providence his Maje&s;ty was nece&s;&s;itated to call a Parliament, the onely Colledge of Phy&s;icians to purge the much-di&s;tempered body of the Common-wealth.</P>
<P><MILESTONE N="2"> In this Parliament a conte&s;t between the <HI>Kings Prerogative</HI> and <HI>the Peoples Laws and Liberties</HI> begat a War. The <HI>Divines</HI> on both &s;ides, out of their Pulpits, &s;ounding Alarum thereto; and not on|ly <HI>Sermons,</HI> but <HI>Declarations of Parliament</HI> and <HI>National Cove|nant,</HI> holding forth to the people the defence of Religion, Laws, Liberties and Properties inflamed the people to the rage of battel, as the Elephant is enraged at the &s;ight of Red. This War occa&s;i|oned extraordinary Taxes and Leavies of money, &s;uch as were ne|ver heard of by our Ance&s;tors, and were <HI>Irritamenta malorum,</HI> the nur&s;e of our corruptions.</P>
<P><MILESTONE N="3"> This incentive working upon the humane frailty of the &s;peaking and leading Members of the Hou&s;es,<NOTE PLACE="marg">Grandees.</NOTE> cau&s;ed them fir&s;t to inter|weave their particular intere&s;ts and ambitions with the publick, and la&s;tly to prefer them before the publick.</P>
<P><MILESTONE N="4"> Wherefore the &s;aid <HI>leading men</HI> or <HI>Grandees</HI> (for that is now Par|liament language) fir&s;t divided them&s;elves into <HI>two factions</HI> or <HI>Jun|toes, Presbyterians</HI> and <HI>Independents;</HI><NOTE PLACE="marg">Factions.</NOTE> &s;eeming to look onely upon the Church, but (Religion having the &s;tronge&s;t operation upon the &s;pirit of man) involved the intere&s;ts of the Common-wealth.</P>
<P><MILESTONE N="5"> The common people of the two Hou&s;es following (with an implicite faith and blind obedience) the example of their leaders, divided them&s;elves al&s;o into the &s;aid Dichotomy; which they did with more &s;eriou&s;ne&s;s than their leaders, as not perceiving any thing of de&s;ign therein; but according to the diver&s;ity of their Judgments, or rather Fancies and Confidings (for to re&s;ign a
<PB N="2" REF="6"> mans judgment to the opinion of another man is but a &s;illy tru&s;t and confidence) &s;tudied the upholding of their parties with ear|ne&s;tne&s;s, while&s;t the <HI>Grandees</HI> of each party in private clo&s;e toge|ther for their own advancement, &s;erving one anothers turn.</P>
<P><MILESTONE N="6"> The <HI>Grandees</HI> (in all publick debates) &s;eem as real in their reciprocal oppo&s;itions, as tho&s;e &s;illy ones who are in earne&s;t, whereby they cheri&s;h the zeal of their re&s;pective parties, keep them &s;till divided (<HI>Divide &amp; impera</HI> is the Devils rule) and &s;o amu&s;e them, and take them off from looking after other intere&s;ts, in which, were they conjoyned, they might &s;hare with the <HI>Gran|dees</HI> them&s;elves: and for the better contentment of &s;uch their Confidents, as looking too intentively after their own gain, the <HI>Grandees</HI> of each <HI>Junto</HI> confer &s;omething of advantage upon tho&s;e that are &s;ub&s;ervient unto them, as five pounds a week, or &s;ome pet|ty imployment.</P>
<P><MILESTONE N="7"> The &s;eeds of the&s;e factions &s;pread them&s;elves into the Common-wealth and Armies, as Rheum di&s;tils from the head into all the body.</P>
<P><MILESTONE N="8"> Thus the leading men or Bel-weathers having <HI>&s;eemingly divided them&s;elves,</HI><NOTE PLACE="marg">Monopoli|zing profits and prefer|ments.</NOTE> and having <HI>really divided the Hou&s;es,</HI> and captivated their re&s;pective parties judgment, teaching them by an implicite faith, <HI>Jurare in verba Magi&s;tri,</HI> to pin their opinions upon their &s;leeves; they begin to advance their projects of Monopolizing the Profits, Preferments and Power of the Kingdome in them|&s;elves. To which purpo&s;e, though the leaders of each party &s;eem to maintain a hot oppo&s;ition, yet when any profit or preferment is to be reached at, it is ob&s;erved that a powerful Independent e&s;pecially moves for a Presbyterian, or a leading Presbyterian for an Independent; and &s;eldom doth one oppo&s;e or &s;peak again&s;t another in &s;uch ca&s;es, unle&s;s &s;omething of particular &s;pleen or Competition come between, which cau&s;eth them to break the common Rule. By this means the <HI>Grandees</HI> of each faction &s;el|dom mi&s;s their mark, &s;ince an Independent moving for a Pres|byterian, his reputation carries the bu&s;ine&s;s clear with the Inde|pendent party; and the Presbyterians will not oppo&s;e a leading man of their own &s;ide. By this artifice the <HI>Grandees</HI> of each &s;ide &s;hare the Common-wealth between them; and are now be|come proud, domineering <HI>Rehoboams,</HI> even over the re&s;t of their
<PB N="3" REF="6"> fellow Members, contrary to the liberty of Parl. which con&s;i&s;ts in an equality) that were formerly fawning ambitious <HI>Ab&s;oloms.</HI></P>
<P>There hath been lately given away to Members openly (be&s;ides innumerable and ine&s;timable private cheats mutually connived at) at lea&s;t 300000 l. in money, be&s;ides rich Offices, Imploy|ments in money Committees, Seque&s;trations, and other advan|tages. And tho&s;e Members who have &s;o well &s;erved them&s;elves, under colour of &s;erving the publick, are, for the mo&s;t part, old Canva&s;ers of Factions, who have &s;ate idlely and &s;afely in the Hou&s;e, watching their advantages to confound bu&s;ine&s;&s;es, and &s;huffle the cards to make their own game, when others that have ventured their per&s;ons abroad, labour'd in the publick work, like <HI>I&s;raelites</HI> under the&s;e <HI>Aegyptian</HI> task-ma&s;ters, and lo&s;t their e|&s;tates, are left to &s;terve untill they can find relief in that empty bag called by fools, <HI>fides Publica,</HI> by wi&s;e men, <HI>fides Punica,</HI> and are now looked upon in the Hou&s;e &s;uperciliou&s;ly, like unwel|come gue&s;ts, for it is known how malignantly, and how juglingly writs for new Elections were granted and executed, and called <HI>younger brothers,</HI> and like younger brothers they are u&s;ed&punc; their elder brothers having &s;lipped into the World before them, and anticipated the inheritance; they have broken fir&s;t into the com|mon field, and &s;hut the door to prevent after commers even from gleaning after their full harve&s;t, for the better effecting whereof, they have now morgaged, in effect, all the means they have to rai&s;e money, unto the City, and being them&s;elves fat and full with the publick Trea&s;ure, to expre&s;s rather their &s;corn than care, they are making an Ordinance that no more money &s;hall be given to their Members, and yet to &s;hew how carefull they are of all &s;uch as have <HI>cheated</HI> the Commonwealth <HI>under them,</HI> I will not &s;ay <HI>for them,</HI> they have taken advantage of the Petition of the Army, wherein they de&s;ire Indempnity for all acts done in Relation to the War, and have pa&s;&s;ed an Ordinance of In|dempnity for all &s;uch as have acted by <HI>Authority,</HI> and <HI>for the &s;er|vice</HI> of the Parliament, wherein, under great penalties, and with an appeal at la&s;t from the Judges of the Law to a Committee of Par|liament, &s;uch as have gone beyond the Authority given by Par|liament, and &s;eque&s;tred men unju&s;tly, and &s;o withheld their goods under pretence thereof, and &s;uch as have leavied Taxes three or
<PB N="4" REF="7"> four times over, are quit from private actions, and the benefit of Law and Ju&s;tice taken from the oppre&s;&s;ed, to &s;ecure <HI>Country Committees, Seque&s;trators</HI> and others (not <HI>Prerogative</HI> but <HI>Legi&s;la|tive) Thieves,</HI> contrary to <HI>Magna Charta,</HI> which &s;ays, <HI>nulli nega|bimus, nulli differemus justitiam, aut rectum;</HI> We will deny, nor defer ju&s;tice and right to no man. Oh prodigious acts, and of greater Tyranny than any King ever dur&s;t adventure upon. What is become of our National Covenant, and the Parliaments many Declarations for defence of Laws and Liberty? Or have we fought our Liberty into &s;lavery? By the&s;e devices the <HI>hone&s;t middle men</HI> of the Hou&s;e (who&s;e Con&s;ciences will not let them joyn in any faction to rend the Commonwealth in &s;under) are out of all po&s;&s;ibility of repair, and made contemptible as well by their own wants, as the pride of the <HI>Grandees:</HI> and in the end, their poverty will enforce them to leave the &s;ole po&s;&s;e&s;&s;ion of the Hou&s;e to the&s;e <HI>thriving Junto men,</HI> who do beleaguer them therein, making them (for farther addition to their lo&s;&s;es) pay all taxes, from which the thriving men go free: &s;o that the poorer part of the Hou&s;e pays tribute to the richer. Nay it is farther whi&s;pered, that at la&s;t the <HI>Junto men</HI> will quit the Parliament Privilege of not being &s;ued, purpo&s;ely to leave the&s;e younger Brothers to the mercy of their creditors, and di&s;able them to &s;it in their Hou&s;e.</P>
<P><MILESTONE N="10"> Another ambitious aym of tho&s;e <HI>Junto men</HI> is, their devi&s;e of referring all bu&s;ine&s;&s;es of moment to <HI>Committees.</HI><NOTE PLACE="marg">Committees of the Hou|&s;es.</NOTE> For the active &s;peaking men by mutual agreement naming one another of every Committee (or at lea&s;t their confident Mini&s;ters) do thereby <HI>fore-&s;tall and intercept</HI> the bu&s;ine&s;&s;es of the Hou&s;e, and under colour of examining and preparing matters, they report them to the Hou&s;e with what glo&s;&s;es, additions, detractions, and advan|tages they plea&s;e; whereby the Hou&s;e (judging according to their report) oftentimes mi&s;-judgeth, and if it be a bu&s;ine&s;&s;e they are willing to &s;mother, the Committees have infinite artifical de|lays to put it off, and keep it from a hearing, or at lea&s;t from re|porting. By this means the remaining part of the Hou&s;e are but Cyphers to value, and Suffragans to ratifie what is forejudged by the &s;aid Committees. This u&s;urpation of theirs is much helped by keeping the doors of their Committee-rooms &s;hut, and di&s;|patching all affairs privately and in the dark; whereas Ju&s;tice
<PB N="5" REF="7"> delights in the light, and ought to be as publick as the common air, it being again&s;t its nature to be Chambered up, and kept from the ob&s;ervation of eye, and ear-witne&s;&s;es.</P>
<P>And by their examining of men again&s;t them&s;elves, contrary to <HI>Magna Charta,</HI> they much enlarge their power.</P>
<P><MILESTONE N="11"> Parts of this project we may well call the <HI>Multiplicity of mo|ney-Committees,</HI> as Gold&s;miths-hall, Haberda&s;hers-hall,<NOTE PLACE="marg">Money Com|mittees.</NOTE> the Committee of the Kings Revenues, Committee of the Army, &amp;c. Where every mans profit and power is according to his cunning and con&s;cience. Hereby they draw a generall dependency after them, for he that commands the money, commands the men. The&s;e Committee-men are &s;o powerfull that they over-awe and over-power their fellow-Members, contrary to the nature of a free-Paliament; wherein the equality of the Members mu&s;t main|tain the freedom and integrity thereof, and &s;uppre&s;s facti|ons.</P>
<P><MILESTONE N="12"> The like may be &s;aid of &s;uch <HI>Members as</HI> (in &s;corn of the <HI>&s;elf-denying Ordinances) hold Offices by gift or connivence</HI> of the Par|liament, either openly in their own name,<NOTE PLACE="marg">Members holding Offi|ces, &amp;c.</NOTE> or &s;ecretly in the name of &s;ome friend. Their offices inabling them to do courte&s;ies and di&s;courte&s;ies. And although there hath been a Committee ap|pointed to certifie all pen&s;ions, &s;eque&s;trations, offices, imployments of advantage and profits conferred by the Parliament upon any their Members, in which Committee Mr. <HI>Sands</HI> holdeth the chair; yet is this meerly a formality to blind the eys of the World, and fool the expectation of &s;ome lo&s;ing Members, who were then re&s;olute to know who had already received &s;atisfaction for their lo&s;&s;es, and how far they had out-run their fellow-Members therein. Yet this Committee is now let fall, no reports deman|ded of Mr. <HI>Sands,</HI> and when any is to be made, they are not un|provided of a means to make it fruitle&s;s, by putting every particu|lar to debate; well knowing, that no man will be willing to ar|gue again&s;t the particular per&s;ons and merits of his fellow Mem|bers, and thereby heap envy upon his own head, be&s;ides the delay of a particular debate.</P>
<P><MILESTONE N="13"> How frequently the <HI>Countrie Committees</HI> act contrary to the Laws of the Land;<NOTE PLACE="marg">Country Committees.</NOTE> how they trample <HI>Magna Charta</HI> under their feet; how boldly and avowedly they tran&s;gre&s;s all Orders and
<PB N="6" REF="8"> Ordinances of Parliament, and break our Solemn League and Covenant; how they ordinarily turn well-affected men out of their free-holds and goods, impri&s;on and beat their Per&s;ons, with|out any known charge, accu&s;er, or witne&s;&s;e again&s;t them; nay murther them, as in the ca&s;e of Doctor <HI>Rawleygh</HI> killed in pri&s;on at <HI>Welles</HI> by the Committees Mar&s;hal; and the poor men mur|thered at <HI>Bridgwater,</HI> who&s;e bloods were &s;hed like the blood of a dog, and no real pro&s;ecution thereof; how frequently they leavy one Taxe three or four times over, and continue their lea|vies after the Ordinance expi<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e; How cruelly they rai&s;e the twentieth and fifth part upon the well-affected, exerci&s;ing an illegall, arbitrary, tyrannical power over their fellow Subjects, far higher than ever <HI>Strafford</HI> or <HI>Canterbury</HI> dur&s;t advi&s;e the King to; how ignorantly and unju&s;tly they exerci&s;e a power <HI>to hear and determine,</HI> or rather to determine without hearing, or hear without under&s;ta<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ding, <HI>private controver&s;ies of Meum &amp; Tuum for debts, trespa&s;&s;es,</HI> nay <HI>Title and po&s;&s;e&s;&s;ion of Lands,</HI> without either formality or knowledge of the Law, not having wit, man|ners, nor breeding enough, as being cho&s;en for the greate&s;t part, out of the ba&s;e&s;t of the People, for ba&s;e ends, to &s;atisfie men with an out&s;ide, or Complement of ju&s;tice: In&s;omuch that nothing is now more Common, than an accu&s;ation without an accu&s;er, a &s;entence without a Judge, and a condemnation without a hea|ring. How they exclude all other Magi&s;tracy, ingro&s;&s;ing to them|&s;elves the power of Sheriffs, Ju&s;tices of Peace, Church-wardens, &amp;c. in an Arbitrary way; keeping Troops of Hor&s;e, upon pay and free-quarter for their guards, like the 30 Tyrants of <HI>Athens,</HI> and if any man but &s;peak of calling them to give an account, they pre|&s;ently vote him a Delinquent, and Seque&s;ter him. If any man, I &s;ay, be &s;o deaf as not to hear the loud univer&s;al out-crying of the people, &s;o great a &s;tranger in our I&s;rael as not to know the&s;e truths, let him peru&s;e M. <HI>Edward Kings</HI> di&s;covery of the arbitra|ry actions of the Committee of <HI>Lincoln,</HI> and the heads of Grievances of <HI>Glamorgan&s;hire,</HI> printed 1647. where he may &s;ee the&s;e things briefly Epitomized; but to Hi&s;torize them at large would require a volume as big as the Book of <HI>Martyrs.</HI> The&s;e Committees are excellent &s;punges to &s;uck mony from the people, and to &s;erve not only their own, but al&s;o the Covetous, Ma|licious,
<PB N="7" REF="8"> Ambitious ends, of tho&s;e that raked them out of the dung|hil for that imployment, and do defend them in their oppre&s;&s;i|ons; who is &s;o blind as not to &s;ee the&s;e men have their protectors? the <HI>Daemones</HI> to whom they offer up part of their rapins, to whom they &s;acrifice <Q>Occulta spolia, &amp; plures de pace Triumphos.</Q></P>
<P>If there be any intention to re&s;tore our Laws and Liberties, and free us from Arbitrary Government, it is fit the&s;e Committees and all a&s;&s;ociations be laid down, having no enemy to a&s;&s;ociate again&s;t, and that the old form of Government by Sheriffs, Ju&s;ti|ces of the Peace, &amp;c. be re-e&s;tabli&s;hed, and the Militia in each County &s;etled as before in Lieutenants, and deputy Lieutenants, or in Commi&s;&s;ioners.</P>
<P>The rather, becau&s;e the people are now generally of opinion, They may as ea&s;ily find Charity in Hell, as Ju&s;tice in any Com|mittee; and that the King hath taken down one Star-chamber, and the Parliament hath &s;et up a hundred.</P>
<P><MILESTONE N="14"> Nor is it a &s;mall artifice to rai&s;e money by &s;o <HI>many &s;everall and confu&s;ed Taxes.</HI><NOTE PLACE="marg">Taxes.</NOTE> Whereas one or two ways orderly u&s;ed and well husbanded, would have done the work. 1. Royal Sub&s;idie of 300000 l. 2. Pole money. 3. The free Loans and Contribu|tions upon the Publick Faith amounted to a va&s;t incredible &s;um in money, Plate, Hor&s;e, Arms, &amp;c. 4. The Iri&s;h adventure for &s;ale of Lands the fir&s;t and &s;econd time. 5. The Weekly meal. 6. The City Loan after the rate of 50 Sub&s;idies. 7. The A&s;&s;e&s;ment for bringing in the Scots. 8. The five and twentith part. 9. The Weekly A&s;&s;e&s;ment for my Lord Generals Army. 10. The Weekly (or Monthly) A&s;&s;e&s;ment for Sir <HI>Thomas Fairfax</HI> Army. 11. The Weekly A&s;&s;e&s;ment for the Scotch Army. 12. The Weekly A&s;&s;e&s;ment for the Briti&s;h Army in <HI>Ireland.</HI> 13. The Weekly A&s;&s;e&s;ment for my Lo. of <HI>Manchesters</HI> Army. 14. Free-quarter (at lea&s;t) connived at by the State, becau&s;e the Souldiers having for a time &s;ub&s;i&s;tence that way, are the le&s;s craving for their pay; whereby their Arrears growing &s;tale, will at la&s;t ei|ther be fru&s;trated by a tedious Committee of Accounts, or for|gotten; in the mean time, the Grand Committee of Accounts di&s;count it out of the Commanders Arrears, whereby the State &s;aves it. 15. The Kings Revenue. 16. Seque&s;trations and Plun|der
<PB N="8" REF="9"> by Committees, which if well an&s;wered to the State, would have carried on the work, which thus I demon&s;trate; One half of all the goods and Chattels, and (at lea&s;t) one half of the Lands, Rents, and Revenues of the Kingdom have been &s;e|que&s;tred. And who can imagin that one half of the profits and Goods of the Land will not maintain any Forces that can be kept and fed in <HI>England,</HI> for the defence thereof? 17. Exci&s;e upon all things; this alone if well managed would maintain the War; the Low-Countries make it almo&s;t their only &s;upport. 18. Fortification-money, &amp;c. By the&s;e &s;everal ways and Taxes, about forty <HI>Millions</HI> in money and money-worth have been milked from the people; and the Parliament (as the Pope did once) may call <HI>England, Puteum inexhau&s;tum;</HI> yet it is almo&s;t drawn dry. A va&s;t Trea&s;ure, and &s;o exce&s;&s;ive, as nothing but a long peace could import; and nothing but much fraud and many follies could di&s;|&s;ipate, and we ought not to wonder if it be accounted <HI>inter arcana novi&s;&s;imi imperii,</HI> to be always making, yet never fini&s;hing an ac|count thereof.</P>
<P><MILESTONE N="15"> And as they have artificially confounded the accounts by lay|ing on multiplicity of Taxes;<NOTE PLACE="marg">Accounts.</NOTE> &s;o (for the &s;ame rea&s;on) they let the money run in &s;o many muddy, ob&s;cure chanels, through &s;o many Committees and Officers fingers, both for collecting, receiving, i&s;&s;uing and paying it forth, that it is impo&s;&s;ible to make or bal|lance any Publick account thereof; and at lea&s;t one half thereof is known to be devoured by Committees and Officers, and tho&s;e that for lucre protect them. By the&s;e means, as they make many men partners with them in the publick &s;poyls, &s;o they much &s;trengthen and increa&s;e their party, whereby <HI>multitudo peccantium tollit poenam.</HI></P>
<P>If the&s;e things were not purpo&s;ely done, 1. Our Taxes would be fewer in number,<NOTE PLACE="marg">Accounts a|gain.</NOTE> and more in effect. 2. They would be put to run in one chanel, under the fingering of fewer Harpies, and per&s;picuous and true Entries made of all receipts and di&s;|bur&s;ments, which would be publick to common view and exami|nation. The Exchequer way of accounts is the exacte&s;t, anti|ente&s;t, and be&s;t known way of account of <HI>England,</HI> and mo&s;t free from deceit, which is almo&s;t confe&s;&s;ed <HI>de facto,</HI> when, to make the Kings Revenue more obnoxious to their de&s;ires, they
<PB N="9" REF="9"> took it out of the Exchequer way, (contrary to the fundamental Laws of the Land; for both the Higher and Lower Exchequer are as antient and fundamental as any Court in <HI>England</HI>) and put it under a Committee, which as all other Committees do, will render an account of their Steward&s;hip at the latter day. In the mean time divers of that Committee buy in old &s;leeping Pen|&s;ions, which they pay them&s;elves from the fir&s;t of their arrears; yet other men that have disbur&s;ed money out of their pur&s;es for the Kings Service, can receive no pay for any money laid forth before <HI>Michaelmas</HI> Term, 1643. becau&s;e (for&s;ooth) then the Committee fir&s;t took charge of the Revenue. In the mean time the Kings Tenants and Debtors are deprived of the benefit of the Laws and Liberties of the &s;ubject, which before they enjoyed; all Debts and Moneys being now rai&s;ed by the terrour of Pur|&s;uivants and Me&s;&s;engers, who&s;e Commi&s;&s;ions are only to di&s;train and levy, &amp;c. whereas formerly the Exchequer &s;ent out legal Proce&s;s, and the Tenant or Debtor had liberty to plead to it in his own defence, if he thought him&s;elf wronged; but now New Lords, new Laws; and to countenance their doings, the Com|mittee have gotten an addition of &s;ome Lords to them. 3. If there were fair play above board, &s;o many members of both Hou&s;es would not be ambitious of the trouble and clamour that attends Task ma&s;ters, Publicans, and &s;uch &s;inners as &s;it at the receipt of Cu&s;tome, being no part of the bu&s;ine&s;s for which the Writ Sum|mons, or the people choo&s;e or tru&s;t them, and whereby they are diverted from the bu&s;ine&s;s of the Hou&s;e: but would leave that imployment to other men, who not having the character and privilege of Parliament upon them, will be le&s;&s;e able to protect them&s;elves and their agents from giving publick accounts of their receipts and disbur&s;ments, and from putting affronts and delays upon the Committee of Accompts, (as it is well known) &s;ome of them have done. La&s;tly, it is &s;candalous that the &s;ame men &s;hould be continued &s;o long in their money-imployments, becau&s;e <HI>Diuturnitas &amp; &s;olitudo carrumpunt Imperia;</HI> and by long conti|nuance and experience they grow &s;o hardned, &s;o cunning in their way, and &s;o backed with dependencies, that it is almo&s;t impo&s;&s;ible to trace them. And although (when we look upon the many per&s;ons imployed) we cannot &s;ay there is <HI>&s;olitudo per&s;onarum;</HI>
<PB N="10" REF="10"> yet when we con&s;ider that by a long partner&s;hip in their imploy|ments they are allyed together in one common intere&s;t, they are to be e&s;teemed but as one man, for a Corporation of men is but many men joyned together as one man, and with one mind pur|&s;uing one and the &s;ame end or intere&s;t.</P>
<P><MILESTONE N="16"> And though they have a general Committee of Accompts, yet they were nominated by tho&s;e Members that ought to give Ac|compts,<NOTE PLACE="marg">Committee of Accounts.</NOTE> and it mu&s;t needs be &s;u&s;picious for an Accomptant to choo&s;e tho&s;e per&s;ons before whom he &s;hall accompt. And we &s;ee (after &s;o long a time of their &s;itting) no fruit thereof. Whereas the people did hope, that after &s;o much money &s;pent, and &s;uch great debts and arrears left to pay, (whereby they are threatned with continuance of their Taxes,) that a full and exact general accompt of all Receipts and Disbur&s;ments would have been pub|li&s;hed in Print, for their &s;atisfaction, as is u&s;ually done in the Low-Countries, and as was once done by this Parliament, <HI>Anno</HI> 1641. by a Declaration of the accompts of the Kingdom.</P>
<P>But it may be the Synod in favour of the <HI>Grandees,</HI> have voted that place in Scripture (<HI>Render an account of thy Steward&s;hip</HI>) to be but Apocryphal.</P>
<P><MILESTONE N="17"> By the&s;e exorbitant cour&s;es, though they have drayned 40. Mil|lions from the people,<NOTE PLACE="marg">Wants of the Parliament and how oc|ca&s;ioned.</NOTE> yet (as <HI>Philip</HI> of <HI>Macedon</HI> was &s;aid to be <HI>Inter quotidianas rapinas &s;emper inops</HI>) they are faln to &s;uch ridi|culous want and beggery, that they have lately pawned almo&s;t all the &s;ecurity they have, for 200000 l. to disband the Army, and enter upon the Iri&s;h imployment. They have &s;lit Gold&s;miths-Hall in &s;under, and given one &s;ide thereof to the City, and kept the other half thereof to them&s;elves, and that already charged with 200000 l. at lea&s;t. So that if any &s;udden occa&s;ion happen, they have put their pur&s;e into the hands of the uncircumci&s;ed Jews of the City, and cannot rai&s;e one penny but by new Taxes upon the people. It was worth ob&s;erving to &s;ee how officiou&s;ly &s;ome of the old Stagers took leave of the Publick pur&s;e, before it came into Huck&s;ters hands. Alderman <HI>Pennington</HI> had a debt of 3000 l. he owed to Sir <HI>John Pennington</HI> forgiven him, (he never asked forgivene&s;s of his &s;ins more heartily) and 3000 l. more given him out of Gold&s;miths Hall in cour&s;e; the rea&s;on of this bounty was forked or two-fold.</P>
<P N="1"><PB N="11" REF="10">1. Becau&s;e he hath got enough before.</P>
<P N="2">2. To comfort his heart, for being left out of the City Militia. But the mo&s;t ob&s;ervable thing was, to &s;ee this old Parliament like a young Prodigal, take up money upon difficult terms, and intangle all that they had for a &s;ecurity.</P>
<P N="1">1. They gave way to the City to hedg in an old debt, being a loan of money after the rate of 50 Sub&s;idyes, and other old debts.</P>
<P N="2">2. Whereas 200000 l. only was the &s;um to be borrowed, the City enjoyned them to take up 230000 l. whereof the od 30000 l. to be be&s;towed for relief of decayed occupiers of the City; &s;o that upon the matter the Parliament pays 30000 l. Broakage.</P>
<P N="3">3. That the City may not tru&s;t the greate&s;t unthrifts of Chri&s;ten|dome, with laying out of their own money; they put upon them 2 Trea&s;urers of the City, to receive and disbur&s;e it for the &s;ervice for which it was borrowed; &s;o you &s;ee they have now neither cre|dit, money, nor a pur&s;e to put it in.</P>
<P><MILESTONE N="18"> So that the <HI>mode&s;t Members,</HI> who have been more forward to help their Country than them&s;elves,<NOTE PLACE="marg">Modest and middle mem|bers.</NOTE> are left in the lurch for their lo&s;&s;es, and expo&s;ed to the laughter of their elder brothers, the old <HI>Junto men,</HI> and factious leaders of the Hou&s;e, all being now morgaged to the <HI>Lombards</HI> of the City. The thriving Mem|bers hope their younger brothers will continue as mode&s;t, as they have been, and dige&s;t all with patience; but others, and tho&s;e neither fools nor knaves, hope all the <HI>mode&s;t and middle men</HI> of the Hou&s;es, &s;uch as are ingaged in no faction, will be provoked here|by to draw into a third party or <HI>Junto,</HI> to moderate the exce&s;&s;es of the other 2. when any thing prejudicial to the Commonwealth is agitated; and to call the old <HI>Junto</HI> men, tho&s;e land Pyrats to ac|count, making them ca&s;t up what they have &s;wallowed, and bring it to a common <HI>divident,</HI> or rather to pay the Army and Publick debts, whereby the people may be ea&s;ed of their pre&s;&s;ures; nor let them be di&s;couraged with the &s;uppo&s;ed difficulty hereof, &s;ince 20 or 30 men holding together, and ob&s;erving the cro&s;s debates, and different &s;way of each party, may ea&s;ily make them&s;elves mo|derators of their differences, and turn the &s;cales for the be&s;t advan|tage of the common, which way they plea&s;e to ca&s;t in their Votes, &s;ince it is very rare to have any que&s;tion carried by more than eight or ten voices.</P>
<P><MILESTONE N="19"> Mo&s;t of the&s;e <HI>Grandees</HI> are reported to have, for <HI>their retreat,</HI> hou&s;es in the Low-Countries,<NOTE PLACE="marg">Grandees provi&s;ion to &s;ave them|&s;elves.</NOTE>richly furni&s;hed with Seque&s;tred
<PB N="12" REF="11"> Plate, Linnen, and Stuff, and great &s;tore of money in bank for their &s;helter, again&s;t &s;uch &s;tormes as their Rapine, Tyranny, and Ignorance may happily rai&s;e here among&s;t us. In tho&s;e their re|tirements, the&s;e Authors of our mi&s;eries will injoy their &s;ins, and our &s;poyls in &s;ecurity, attending an opportunity to purcha&s;e their peace at la&s;t, and betray our Safeties and Liberties to the inraged Prince and People. This is called robbing of the Aegyptians; and doubtle&s;s the&s;e ambitious State-Mountebanks have brought us in|to darkne&s;s wor&s;e than Egyptian. The text &s;aith, the Egyptians ro&s;e not from their places in three days; they yet knew where they were, which is more than we do, every man being out of his place and rank; the Servant in place of his Ma&s;ter, the Begger in place of the King, the Fool in place of the Coun&s;ellour, the Theif in place of the Judge, the cheater in place of the Trea&s;urer, the Clown in place of the Gentleman, none but God alone can play <HI>Daedalus</HI> part, and give us a Clue to lead us out of this labyrinth, into which the&s;e unpolitick <HI>Hocas Poca&s;&s;es</HI> have brought us. The&s;e unskilfull workmen that have built up <HI>Babel,</HI> and pulled down <HI>Sion.</HI> Others are &s;aid to prepare Forein Plantations for Retreat; to People which, Chi<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">dren are ravi&s;hed from their parents Arms, and &s;hipped away; an abomination not known in <HI>England</HI> before, and therefore no competent Law made again&s;t it; no more than in antient <HI>Rome</HI> again&s;t Paricides.</P>
<P><MILESTONE N="20"> By what hath been already &s;aid, you &s;ee what the <HI>&s;everal,</HI> and what the <HI>conjoyned intere&s;ts</HI> of the&s;e two <HI>Junto's</HI> or <HI>Factions,</HI><NOTE PLACE="marg">Grandees their &s;everal intere&s;ts and de&s;igns and &s;trengths.</NOTE> <HI>Pre&s;|byterian</HI> and <HI>Independent</HI> are; let us now con&s;ider where <HI>their &s;everal &s;trength</HI> lies. The <HI>Indep<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ndent</HI> groundeth his &s;trength upon the <HI>Army,</HI> which if he can keep up, he hopes to give the Law to all; and to produce that great Chymaera, <HI>Liberty of Con&s;cience:</HI> not con&s;idering that the confu&s;ion and licentiou&s;ne&s;&s;e of &s;uch a li|berty will de&s;troy it &s;elf, <HI>Libertas Libertate perit.</HI> The <HI>Presbyte|rians</HI> have three <HI>Pillars</HI> to &s;upport them. 1. The <HI>City</HI> is their cheif foundation, with which they keep a &s;trict corre&s;pondency, and daily communication of Coun&s;els. Upon this con&s;ideration, they have lately put the Parliament Pur&s;e into the Cities Pocket as afore&s;aid; &s;etled and inlarged the City Militia. Whereas all the Countries of <HI>England</HI> (being more obnoxious to injuries than the City) &s;uffer much for want of &s;etling their Militia; the Parliament not tru&s;ting them with arms, &s;o much as for their own defence: An evident &s;ign, there is a farther de&s;ign than
<PB N="13" REF="11"> disbanding this Army. And becau&s;e the City Militia can onely keep in awe the adjacent South and Ea&s;t Counties of the King|dom; therefore to &s;uppre&s;s the remoter parts, and inforce them to obedience, they keep up &s;ome <HI>in-land Garri&s;ons,</HI> and have the Scots and G. <HI>Poyntz &s;upernumerary forces for the North.</HI> And in <HI>the West</HI> (under colour for &s;ending men for <HI>Ireland</HI>) they keep upon free quarter and pay of the Country, <HI>many &s;upernumerary Regiments</HI> and Troops, mo&s;t Cavaliers, at lea&s;t five times as many as they really intend to tran&s;port. The&s;e are always going, but never gone, like St. <HI>George,</HI> always in his &s;addle, never on his way. Something ever is and &s;hall be wanting untill Sir <HI>Thomas Fairfax</HI>'s Army be disbanded; and then (it is thought) the di&s;|gui&s;e will fall off; and the&s;e &s;upernumeraries &s;hall appear a new modelled Army, under Presbyterian Commanders, you may be &s;ure, and &s;uch who&s;e Con&s;ciences &s;hal not befool their wits where any matter of gain appeareth; if this be not their aym, why did they not disband tho&s;e lewd &s;upernumeraries before la&s;t Winter, &s;ince they might have rai&s;ed as many men the &s;pring following for half the charge their very free quarters co&s;t? and mo&s;t of the&s;e &s;wear they will not go for <HI>Ireland,</HI> vowing they wil cut the throats of the Round-heads.</P>
<P>The Country is amazed, fearing the&s;e Cavaliers are kept on free quarter by a Cavaleeri&s;h party for &s;ome Cavaleeri&s;h de&s;ign. Secondly, why did they not rather divide Sir <HI>Thomas Fairfax</HI> Army into two parts, one to go for <HI>Ireland,</HI> the other to &s;tay in <HI>England,</HI> being already modelled, excellently di&s;ciplined, and ha|ving the vi&s;ible marks of Gods favour upon their actions? But to take a few for <HI>Ireland,</HI> a few for <HI>England,</HI> and leave a Coar in the middle to be plucked forth and disbanded, was the way to di&s;con|tent them, and put them into mutiny, and thereby nece&s;&s;itate the Parliament to disband them all, and give an opportunity to them that &s;eek it, to new modell another Army out of the afore&s;aid Su|pernumeraries, more pliable to the de&s;ires of the Presbyrerian <HI>Jun|to:</HI> adde hereunto the cau&s;ele&s;&s;e exa&s;perating &s;peeches and a&s;per|&s;ions ca&s;t upon mo&s;t of the Army purpo&s;ely, as moderate men think, to di&s;content them. Thirdly, If they have no intent to keep up an Army again&s;t the People, why have they continued the Mi|litary charge for another year, and inlarged it from 52000 l. to 60000 l. a moneth?</P>
<P><MILESTONE N="21"> Thus the City, <HI>In-land Garri&s;ons,</HI><NOTE PLACE="marg">Presbyters.</NOTE> and <HI>Supernumerary forces new
<PB N="14" REF="12"> modelled</HI> are like to prove the three-&s;tringed whip, wherewith the Presbyterian <HI>Phaetons</HI> will drive the triumphant Chariot if they prevail; to which may be added the Presbyters them&s;elves, who by overawing mens Con&s;ciences with their Doctrine, will &s;ubdue and work mens minds like wax to receive any impre&s;&s;ion of bon|dage that tyranny and oppre&s;&s;ion can &s;et before them, as they do in <HI>Scotland,</HI> the Clergy in all times and places have ever held with the mighty, as the Jaccal hunts &s;till with the Lion to partake of his prey; The Clergy have ever had an itch to be medling with State affairs, which &s;hews how contemptible an opinion they have of their own Coat, that they can find no contentment in it; yet they would have the Laity to have a reverend opinion of it; the Po|pi&s;h Clergy draw all Civil Affairs, publick and private, under their juri&s;diction and cogni&s;ance, <HI>quatenus</HI> there is <HI>peccatum</HI> in all humane actions; the Presbyterians <HI>quatenus</HI> there is <HI>&s;candalum</HI> in all human actions, what is the odds? <HI>Peccatum</HI> is the Mother, <HI>Scan|dalum</HI> the Daughter, and both pretend they do this <HI>in ordine ad De|um;</HI> but univer&s;al experience teacheth us, how mi&s;erable that Commonwealth is, where the corruption of a Church-man proves the generation of a States-man.</P>
<P>The premi&s;es con&s;idered, I &s;hall propound the&s;e en&s;uing <HI>Quae|ries</HI> to tho&s;e that are of better judgement than my &s;elf.</P>
<P N="1"><MILESTONE N="22"> 1. <HI>Quaere,</HI> Why the title and puni&s;hment of Malignants is tran&s;la|ted from the Cavaliers,<NOTE PLACE="marg">Quaeres upon the premi&s;es.</NOTE> who fought for regal Tyranny again&s;t the Parliament, and laid upon tho&s;e that fought again&s;t regal Tyran|ny for the Parliament; is it not becau&s;e tho&s;e Cavaliers that have fought for one Tyranny, will not be &s;crupulous to fight for ano|ther? and &s;uch wel-affected as have oppo&s;ed Tyranny in one kind, will not admit of it in another? why is it now accounted a note of Malignity and di&s;affection to endeavour the putting down of Ar|bitrary Government, and re-e&s;tabli&s;hing our Laws, Liberties and Properties, whereto the Parliament by their many Declarations and their National Covenant are bound? lay this to heart, and con&s;ider whether they have not changed the&s;e their fir&s;t Principles, and con&s;equently whether they are not de&s;irous to change their old friends who re&s;olutely adhere to the &s;aid Principles.</P>
<P N="2">2. If the King grant the Propo&s;itions, or if he deny them, and the <HI>Praedominant Junto</HI> (or both <HI>Junto's</HI> joyned together, to drive on one Common intere&s;t?) for it is now thought they are upon an accommodation to keep up that lower <HI>Conjunctim,</HI>
<PB N="15" REF="12"> which they de&s;pair to uphold <HI>divi&s;im</HI>) e&s;tabli&s;h the military and civil power without him, according to their de&s;ires, and in order to their ayms; <HI>Quaere,</HI> whether the &s;aid leading men &s;etled in their po&s;ture, with their confident guards about them, may not draw after them &s;o many of their party as upon an implicite faith will follow them, and lick up the crums of the publick &s;poiles under their tables, expelling or di&s;abling (as afore&s;aid) the di&s;in|gaged Members, and by this policy make them&s;elves perpetual Dictators, incorporating and ingro&s;&s;ing to them&s;elves both the Con&s;ultive, Directive, &amp; Mini&s;terial power of the Kingdom in all cau&s;es Civil and Military, &s;etting up an <HI>Oligarchy</HI> or popular Tyranny in&s;tead of a Regal, as the thirty Tyrants of <HI>A<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">hens</HI> did. In order whereto, they already declare, 1. That an Ordinance of Parliament, without the Kings royal a&s;&s;ent, is equal to an Act of Parliament. 2. That an Ordinance is a above a Law by virtue of their legi&s;lative power: upon which pre&s;uming in their Ordi|nance of Indempnity, they have granted an appeal from the Judges of the Law to a Committee of Parliament; &s;ee the Ordi|nance <HI>May</HI> 21. 1647. 3. That they are the irrevocable Tru&s;tees of the peoples Lives, Liberties and Properties, without account, with other <HI>principles preparative to Tyranny.</HI></P>
<P N="3">3. <HI>Quaere,</HI> Why Arbitrary and Barbarous Government by Committees and other illegal proceedings (which in time of war were u&s;ed upon real or pretended nece&s;&s;ity, and were then only excu&s;able, becau&s;e <HI>nece&s;&s;itas tollit Legem</HI>) are &s;til continued up|on us now in time of peace, no enemies troubling our quiet; and without any further pretence of nece&s;&s;ity, contrary to their Nati|onal Covenant, and all their Declarations? is it not to inure the people to &s;ervitude, and exerci&s;e their patience?</P>
<P N="4">4. <HI>Quaere,</HI> Whether the prodigious oppre&s;&s;ions of Committees, Seque&s;trators, &amp;c. and of Free-quarter, be not purpo&s;ely counte|nanced to nece&s;&s;itate the people to ri&s;e in tumults, that thence oc|ca&s;ion may be taken to keep In-land Garri&s;ons and Armies?</P>
<P N="5">5. <HI>Quaere,</HI> Whether our Laws, Liberties and Properties, are not now as liable to an inva&s;ion from the <HI>Legi&s;lative power,</HI> as formerly from the <HI>Prerogative?</HI> con&s;idering that tho&s;e who like ambitious <HI>Ab&s;alom</HI> courted and wooed the people in the beginning of trou|bles, now like haughty <HI>Rehoboams</HI> care not though the people complain, their little finger is heavier than the loyns of the King, the controver&s;y between the 2 <HI>Juntoes</HI> being no more, than who&s;e &s;laves we &s;hall be.</P>
<P N="6"><PB N="16" REF="13">6. <HI>Quaere,</HI> Whether if the King hereafter tread in the &s;teps of this Parliament, and their Committees, he will not be a greater ty|rant than either the Turk, Ru&s;&s;e, or French, and have as ab&s;olute dominion over his Subjects, as the Devil hath over damned Souls in Hel? and how dangerous the&s;e pre&s;idents may be to tho&s;e Laws and Liberties which we have &s;worn to maintain.</P>
<P><MILESTONE N="23"> If the <HI>middle and di&s;ingaged men</HI> in the Hou&s;e, do not &s;peedily unite them&s;elves into a party or <HI>Junto,</HI><NOTE PLACE="marg">Middle and modera<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e Members again.</NOTE> as the factious have done, and communicate their coun&s;els, they will be <HI>arena &s;ine calce,</HI> loo&s;e and di&s;&s;ipated by every breath: and neither &s;erviceable for them|&s;elves nor their Country. Whereas if they unite, twenty or thirty may become Moderators and Umpeers between both parties, (as hath been already &s;aid;) let the moderate men but con&s;ider how &s;ad and di&s;honourable a thing it is, to &s;ee nothing almo&s;t of great and publick concernment come into the Hou&s;e, but what hath been <HI>before hand contrived, debated, and digested</HI> in one or both of the two <HI>Junto's</HI> at their private meetings, and put into &s;o re&s;ol|ved and prejudicate a way and method of di&s;patch, that every man is appointed his part or Cue before-hand; one man to move it, and &s;et it on foot, another to &s;econd him; one man &s;peak to one part of the Argument, another to another part; another to keep him&s;elf to the la&s;t for a re&s;erve, and &s;peak to the que&s;ti|on, which he is provided to qualifie with a di&s;tinction, or vary it, if he find it difficult to pa&s;s. Thus all publick bu&s;ine&s;&s;es are mea&s;ured by private re&s;pects; whereby it appears, that as <HI>frequent Parl.</HI> are <HI>good Phy&s;ick,</HI> &s;o continual Parl. are <HI>bad food;</HI> and the peo|ple may complain, that <HI>qui medic&egrave; vivit, mi&s;er<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> vivit.</HI> Parliaments are <HI>Bona peritura;</HI> they cannot keep long without corruption. Their perpetuity emboldens the Members, by taking from them all fear of being called to account, e&s;pecially if they get their Sons into the Hou&s;es as well as them&s;elves (as many have done this Par|liament, and more endeavour to do) whereby they have an e&s;tate in their places for two or three lives. Moreover by long &s;itting they become &s;o familiar with one anothers per&s;ons and de&s;igns, as to &s;erve one anothers turns, to joyn intere&s;ts, and to draw into facti|ons, <HI>Hodie mihi, cras tibi.</HI> If you and your party will help me to day, I and my friends will help you to morrow.</P>
<P><MILESTONE N="24"> <HI>Mi&s;erima Re&s;p. ubi maje&s;tas Imperii, &amp; &s;alus populi di&s;cordibus conflictantur &s;tudiis.</HI><NOTE PLACE="marg">Conclu&s;ion with &s;ome complaints,</NOTE> What &s;hall we &s;ay?
<Q LANG="lat">En quo di&s;cordia terra&mdash;perduxit mi&s;eros?</Q></P>
<PB N="17" REF="13">
<P>Shall we complain to God? God hath a controver&s;ie with us. Of whom &s;hall we complain? Of our &s;elves? we mu&s;t fir&s;t reform our &s;elves: We that take upon us to reform Church and Common-wealth; Shall we complain of our &s;innes? Ask the grace of repentance fir&s;t, and &s;o ask that we may obtain. Shall we complain of our puni&s;hments? Let us fir&s;t repent, and amend our &s;ins that cau&s;ed them. Let us fir&s;t pluck off the mask of hy|pocri&s;ie, God will &s;ee thorough &s;uch a fanta&s;tical garment of Fig|leaves. Let us no longer make Religion a &s;talking-hor&s;e; God, who is all Wi&s;dome and all Truth, will not be deceived. If we talk like Chri&s;tians, and walk like Turkes, Chri&s;t will not own us. To fa&s;t for a day, and hang our heads like bulru&s;hes, will not reconcile us. We mu&s;t fa&s;t from publique &s;poyls, rapines, and oppre&s;&s;ion, and not drink the tears of the poor and needy. Shall we complain with the Prophets; That our Princes are become Theeves? that was heretofore our complaint, now we mu&s;t in|vert it, and cry, That our Theeves (mean and ba&s;e people) are become Princes. We are &s;ick, very &s;ick, intemperatly &s;ick, and God hath given us a Phy&s;itian in his wrath, a Leper as white as Snow, fitter to infect, than cure us. What Phy&s;ick doth he pre|&s;cribe? Poy&s;on. What dyet? Stones in&s;tead of bread, Scorpions in&s;tead of fi&s;hes, hard fare for them that formerly fed &s;o daintily. Before I conclude, let me give you the pedigree of our Mi&s;eries, and of their Remedies. A long Peace begat Plenty, Plenty begat Pride, and her Si&s;ter Riot, Pride begat Ambition, Ambition be|gat Faction, Faction begat Civil Warre: And (if our evils be not incurable, if we be not fallen <HI>in id temporis quo nec vitia nostra, nec eorum remedia ferre po&s;&s;umus</HI>) our Warre will beget Poverty, Poverty Humility, Humility Peace again, <HI>S<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">c rerum revertentibus vicibus annulus vertitur Politicus.</HI> The declining &s;poak of the wheel will ri&s;e again. But we are not yet &s;ufficiently humbled, we have not repented with <HI>Ninivy.</HI> We wear Silks and Velvets, in&s;tead of Sach-cloath and A&s;hes (even the meane&s;t up-&s;tart hath his thefts writ upon his back by his Taylor in proud Cha|racters of Gold Lace) we have not watered our Couch with our Tears, but with an adulterous &s;weat. Look to it therefore ye State <HI>Incubi,</HI> that by an ince&s;tuous copulation have begot Plenty upon War, and filled your hou&s;es with the &s;poyl and plunder of your dear Country; an inundation of blood, and of the tears of the oppre&s;&s;ed, will wa&s;h away the foundation of your hou&s;es:
<PB N="18" REF="14"> And peace will be far from you in this World, but e&s;pecially that peace which the world cannot give: And becau&s;e <HI>Salamander-like</HI> you delight in the fire of Contention, an unquenchable fire will be your lot hereafter. And though you e&s;cape all accounts here, yet upon the great day of account when you &s;hall receive your &s;entence of condemnation, tho&s;e your Children for who&s;e prefer|ment you &s;ell your Souls, your God for gold, &s;hall not &s;hew &s;o much thankfulne&s;s or pity towards you, as to &s;ay, alas our Father! But your hearts are hardned with <HI>Phoraoh,</HI> I leave you therefore to <HI>Pharaohs</HI> de&s;tiny, to be drowned in your own Red &s;ea, as he was in his.</P>
<P><MILESTONE N="25"> Thus far I adventured to vindicate our Religion, Laws, and Liberties with my pen;<NOTE PLACE="marg">Re&s;olution &amp; &s;cope of the Author.</NOTE> in di&s;charge of my Con&s;cience, and pur|&s;uance of our National Covenant, which obligeth us to defend them again&s;t who&s;oever to our power, neither knowing nor ca|ring whether in &s;o wicked an age (wherein vice is honoured, and vertue contemned) I may be thought worthy of puni&s;hment for being more righteous than my &s;uperiors. I know an hone&s;t man is wondred at like a mon&s;ter, and the innocency of his life and con|ver&s;ation &s;u&s;pected as a Libel again&s;t the State, yet if I peri&s;h I peri&s;h; <HI>&amp; pereundum in licitis:</HI> nor am I le&s;s provided of a &s;afe retreat than our <HI>Grandees,</HI> my grave is open for me, and one foot in it already. <HI>Contemp&s;it omnes ille qui mortem prius.</HI> He that contemns Death, &s;corns both Hope and Fear; which are the only affections that make Knaves, Fools and Cowards of all the World. The world is a goodly Theater, we are the actors, God is Poet and chief &s;pectator; we mu&s;t not choo&s;e our own parts, that is at Gods appointment; one man he appoints to play the King, ano|ther the Begger; one a Comick, another a Tragick part; what&s;o|ever part God hath appointed for me in this remainder of my life, I will have a care to per&s;onate it ingenuou&s;ly and aptly, not doubt|ing but my <HI>Exit</HI> &s;hall be accompanied with an applau&s;e into my Tyring-room, my Tombe; nor will I refu&s;e the meane&s;t part that may draw a plaudit from &s;o excellent a &s;pectator, but will prepare my &s;elf for the wor&s;t of evills in this wor&s;t of times, and pray to God to Reform our Reformers. <HI>Amen.</HI></P>
</DIV1>
<TRAILER>THE END.</TRAILER>
</BODY>
</TEXT>
<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="14">
<P>THE HISTORY OF INDEPENDENCY, WITH The Ri&s;e, Growth, and Practices of that powerfull and re&s;tle&s;&s;e FACTION.</P>
<Q LANG="lat"><BIBL>D. AMBROSIUS.</BIBL>
<P>Nec nobis ignominio&s;um est pati quod pa&s;&s;us est Chri&s;tus, nec vobis glorio&s;um e&s;t facere quod fecit Judas.</P></Q>
<Q LANG="lat"><BIBL>TACIT.</BIBL>
<P>Scelera, &s;celeribus, tuenda.</P></Q>
<Q LANG="lat"><BIBL>VIRGILIUS.</BIBL>
<P>&mdash;&s;ua cuique Deus fit dira libido.</P></Q>
<Q LANG="lat"><BIBL>1 St. JOHN, c. 2. v. 16.</BIBL>
<P>Quicquid e&s;t in mundo e&s;t concupi&s;centia oculorum, concupi&s;centia carnis, aut &s;uperbia vitae.</P></Q>
<P><HI>LONDON,</HI> Printed in the Year 1648.</P>
</DIV1>
<DIV1 TYPE="to the reader">
<PB REF="15">
<PB REF="15">
<OPENER><SALUTE>Reader,</SALUTE></OPENER>
<P>_GEntle or ungentle, <HI>I write to all,</HI> knowing that all have now got almo&s;t an equall &s;hare and intere&s;t in this Gallimaufry or Hotchpot which our Grandee P&s;eudo-Politicians with their negative and demoli&s;hing Councils have made, both of Church and Commonwealth: and therefore I write in <HI>a mixed &s;tile,</HI> in which (I dare &s;ay) there are &s;ome things fit to hold the <HI>judgements of the Grave&s;t;</HI> &s;ome things fit to <HI>catch the fancies of the Ligh|te&s;t;</HI> and &s;ome things of a <HI>middle nature,</HI> applying my &s;elf to <HI>all capacities,</HI> (as far as truth will permit) becau&s;e I fore-&s;ee the <HI>Cata&s;trophe</HI> of this <HI>Tragedy</HI> is more likely to be con&s;ummated by <HI>multitude of hands,</HI> than <HI>wi&s;edome of heads.</HI> I have been a curious ob&s;erver, and diligent inqui|rer, after, not only the <HI>Actions,</HI> but the <HI>Coun&s;els</HI> of the&s;e times; and I here pre&s;ent the re&s;ult of my indeavours to thee: <HI>In a time of mi&s;-apprehen&s;ions</HI> it is good to avoid mi&s;ta|kings, and therefore I advi&s;e thee not to apply what I &s;ay <HI>to the Parliment, or Army in generall,</HI> if any phra&s;e that hath dropped from my pen in ha&s;t (for this is a work of ha&s;t) &s;eem to look a&s;quint upon them: No, it is the <HI>Grandees,</HI> the <HI>Junto-men,</HI> the <HI>Hocas-Poca&s;&s;es,</HI> the <HI>&s;tate-Mounte|banks,</HI> with their <HI>Zanyes</HI> and <HI>Jack-puddings, Com|mittee-men, Seque&s;trators,, Trea&s;urers,</HI> and <HI>Agita|tors</HI>
<PB REF="16"> under them, that are here hi&s;torified: were the <HI>Parlia|ment</HI> (the major part whereof is in bondage to the minor part and their Jani&s;aries) and the <HI>Army</HI> freed from the&s;e u&s;ur|ping and engaged <HI>Grandees,</HI> who betrayed the Honour and Priviledges of Parliament &amp; the Army to their own lu&s;ts, both would &s;tand right, and be &s;erviceable to the &s;etling of a <HI>firm la&s;ting Peace under the King,</HI> upon our <HI>fir&s;t Principles, Religion, Laws, and Liberties,</HI> which are now &s;o far laid by, that who&s;oever will not joyn with the <HI>Grandees,</HI> in &s;ubver|ting them, is termed a <HI>Malignant,</HI> as heretofore he that would not adhere <HI>to the Parliament</HI> in &s;upporting them was accounted; &s;o that the <HI>definition</HI> of a <HI>Malignant</HI> is turned the wrong &s;ide outward. The body of the Parliament and Army (in the mid&s;t of the&s;e di&s;tempers) is yet healthy, &s;ound, &s;ervice|able; my endeavour is therefore to play the part of a friendly Phy&s;itian, and pre&s;erve the body by purging peccant humors: Were the Army under commanders and officers of better Prin|ciples, who had not defiled their fingers with <HI>publick monies,</HI> their con&s;ciences by <HI>complying</HI> with, and <HI>cheating all inte|re&s;ts, (King, Parliament, People, City,</HI> and <HI>Scots)</HI> for their own private ends, I &s;hould think that they carried the Sword of the Lord, and of <HI>Gideon;</HI> but clean contrary to the Image pre&s;ented to <HI>Nebuchadnezzar</HI> in a dream, the head and upper parts of this aggregate body are part of Clay, part of Iron, the lower parts of better metall: I cannot reform, I can but admoni&s;h; God mu&s;t be both the <HI>Ae&s;culapius</HI> and <HI>Prome|theus,</HI> and amend all, and though we receive never &s;o many <HI>denials,</HI> never &s;o many <HI>repul&s;es</HI> from him, let us take heed how we vote (even in the private corners of our hearts) no <HI>Addre&s;&s;es,</HI> no <HI>Applications</HI> to Him. Let us take heed of multiplying &s;ins again&s;t God, le&s;t he permit our <HI>Schi&s;matical Grandees to multiply Armies and Forces</HI> upon us, to war again&s;t Heaven as well as again&s;t our Religion, Laws, Liber|ties,
<PB REF="16"> and Properties upon earth, and keep us and our e&s;tates under the perpetual bondage of the Sword, which hath been &s;eve|ral ways attempted in the Hou&s;es the&s;e <HI>2</HI> la&s;t weeks, both for the <HI>rai&s;ing and keeping of a new Army of 30000. or 40000. men in the &s;even Northern A&s;&s;ociate Counties, upon e&s;tabli&s;hed pay (be&s;ides this Army in the South) and</HI> al&s;o for the <HI>rai&s;ing of men in each County of England,</HI> and all to be engro&s;&s;ed into the hands of his Excellency, and &s;uch Commanders and Officers as he &s;hall &s;et over them; and this work may chance be carried on by the <HI>Grandees</HI> of <HI>Derby|hou&s;e</HI> and the Army, if not prevented; for the Generall (not|with&s;tanding this power was denyed him in the Hou&s;e of Com|mons) hath &s;ent warrants into mo&s;t Counties to rai&s;e Hor&s;e and Foot; yea, to that ba&s;ene&s;&s;e of Slavery hath our Generall and Army, with their under-Tyrants the <HI>Grandees,</HI> brought us, that although them&s;elves did heretofore &s;et the <HI>ra&s;cality</HI> of the Kingdom on work in great multitudes (e&s;pecially the <HI>Schi&s;ma|ticall party</HI>) to clamour upon the Parliament with <HI>&s;candalous Petitions,</HI> and make peremptory demands to the Hou&s;es, de|&s;tructive to the <HI>Religion, Laws, Liberties,</HI> and <HI>Properties of the Land,</HI> and the very <HI>foundation of Parliaments;</HI> to which they extorted what an&s;wers they plea&s;ed; and got a generall vote, <HI>That it was the undoubted right of the Sub|ject to Petition, and afterwards to acquie&s;ce in the wi&s;edome and ju&s;tice of the two Hou&s;es:</HI> Yet when upon <HI>16</HI> of <HI>May 1648.</HI> the whole County of <HI>Surry</HI> (in effect) came in &s;o civill a po&s;ture to deliver a petition to the hou&s;e, that they were Armed for the most part but with &s;ticks, in which Petition there is <HI>nothing contained which the Parliament is not bound to make good</HI> by their many <HI>Declarations and Re|mon&s;trances</HI> to the people, or by the <HI>Oathes of Allegiance, Supremacy,</HI> or <HI>Nationall Covenant,</HI> or by the <HI>known Laws of this Land.</HI> Yet were they, <HI>1.</HI> Abu&s;ed by the Souldiers of
<PB REF="17"> <HI>White-hall</HI> as they pa&s;&s;ed by, where &s;ome of them were pulled in and beaten. <HI>2.</HI> When tho&s;e Gentlemen of quality that carried the Petition came to <HI>We&s;tmin&s;ter-hall,</HI> they found a Guard of Souldiers at the door, uncivilly oppo&s;ing their entrance to make their addre&s;&s;es to the Hou&s;e. <HI>3.</HI> When they pre&s;&s;ed into the Hall, and got up to the Commons door, they were there reviled by the Guard. <HI>4.</HI> The Multitude which &s;tood in the new <HI>Pa|lace,</HI> (becau&s;e &s;ome of them did but whoop as others did, who were purpo&s;ely &s;et on work (as is conceived) to mix with them &amp; di&s;order them) were &s;uddenly &s;urrounded with a &s;trong par|ty of hor&s;e from the <HI>Mews,</HI><NOTE PLACE="marg">It is report|ed by &s;ome that Sir <HI>H. Mildmay,</HI> Col. <HI>Purefoy</HI> &amp; the Spea|ker (doubt|ing the Hou. would give too good an an&s;wer to their Petiti|on) &s;ent for the&s;e Hor&s;e and Foot.</NOTE> and &s;ome more Companies of Foot from <HI>White-hall,</HI> who by the appointment of the Committee of Schi&s;maticks at <HI>Derby-Hou&s;e</HI> were ready prepared for this de&s;ign, and catched them (as it were) in a Toyle, and with barbarous and &s;chi&s;matical rage fell upon the&s;e naked unarmed Petitioners, &s;lew and wounded many without di&s;tinction, telling them, <HI>They were appointed to give an an&s;wer to their Petition, and they &s;hould have no other;</HI> (as indeed they had not) though the Lieut. Colonell that did all the mi&s;chief, was called into the Hou&s;e of Commons, and had publick thanks given him at the Bar, took many of them Pri&s;oners, &amp; Plundred their Pockets, Cloaks, Hats, Swords, Hor&s;es, &amp; &s;ome of them (even Gentlemen of as good quality as their General) were &s;tripped of their doublets: tho&s;e Gentlemen of quality who where in the <HI>Lob|by</HI> before the Commons door, civily expecting an an&s;wer, were abu&s;ed, and violently driven out by the Guard, to take their fortune among the Rabble; what <HI>Tyrants</HI> ever in the World <HI>refu&s;ed to heare the Petitions</HI> and <HI>grievances</HI> of their people before? The mo&s;t Tyranicall government of the world is that of <HI>Ru&s;&s;ia,</HI> and <HI>Jo. Va&s;ilowich</HI> was the greate&s;t Tyrant of that Nation, yet &s;hall this Tyrant ri&s;e up in judgement at the latter day again&s;t the&s;e Mon&s;ters. Behold what entertainment your Petitioners &s;hall have hereafter, if publick Peace be the end of
<PB REF="17"> their de&s;ires: yet many Petitions ready drawn are &s;ent up and down in mo&s;t Counties by Committee-men, and Seque&s;trators, to enforce men to <HI>give thanks for the four votes again&s;t the King;</HI> and many Petitions from Schi&s;maticks, de&s;tructive to Religion, Laws, Liberties, and Property, have been obtru|ded upon the Hou&s;es, and received encouragement and thanks, becau&s;e they tend to <HI>&s;ubvert the fundamental Government</HI> of <HI>Church</HI> and <HI>Common-wealth,</HI> and ca&s;t all into the <HI>Chaos of confu&s;ion,</HI> whereby the <HI>Grandees may have oc|ca&s;ion to keep up this Army,</HI> and perpetuate their Tyran|ny and our burdens. And from the&s;e Tumults of their own rai|&s;ing, the grandees pretend a nece&s;sity to keep this Army about this Town, to watch advantages again&s;t it. <HI>Cromwell</HI> ha|ving often &s;aid, <HI>This Town mu&s;t be brought to more ab|&s;olute obedience, or laid in the du&s;t;</HI> in order to which, <HI>the Souldiers are now di&s;arming the Country,</HI> and then <HI>the City is next,</HI> who being once di&s;armed, mu&s;t pro&s;titute their <HI>mony-baggs to the&s;e fellows,</HI> or be <HI>Plundered.</HI></P>
<P><HI>Reader,</HI> having &s;poken my &s;en&s;e to thee, I leave thee to thy own &s;en&s;e; &s;ubmitting my &s;elf to as much Charity as God hath endowed thee withall. <HI>God that made all, pre&s;erve and amend all,</HI> This &s;hall be the daily prayer of him that had rather die for his Country, than &s;hare with the&s;e <HI>Godly Thieves,</HI> in eating out the bowels of his Country, and enriching him&s;elf with publick &s;poyls.</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="text">
<PB REF="18">
<PB N="27" REF="18">
<HEAD>The Hi&s;tory of <HI>INDEPENDENCY.</HI></HEAD>
<P>_YOU have in <HI>The my&s;tery of the two Juntoes,</HI><NOTE PLACE="marg">The Prea<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">+ble.</NOTE> <HI>Pre&s;by|terian and Independent,</HI> pre&s;ented to your view the&s;e two Factions, (as it were in a Cockpit pecking at one another) which ri&s;ing origi|nally from the two Hou&s;es and Synod, have &s;o much di&s;turbed and di&s;located, in every joynt, both Church and Common-wealth. I mu&s;t now &s;et before you <HI>Independency</HI> Triumphant, rou&s;ing it &s;elf upon its Legs, clapping its wings, and crowing in the mid&s;t of the Pit, with its enemy under its feet, though not yet well re&s;olved what u&s;e it can or may make of its Victory.</P>
<P>But before I go any farther, it is fit I tell you what <HI>Indepen|dency</HI> is.</P>
<P>It is <HI>Genus generali&s;&s;imum</HI> of all Errors, Here&s;ies, Bla&s;phemies,<NOTE PLACE="marg">1 What Inde|pendency is</NOTE> and Schi&s;ms; a general Name and Title under which they are all united, as <HI>Samp&s;on's</HI> Foxes were by the <HI>Tails.</HI> And though they have &s;everal opinions and fancies (which make their <HI>verti|ginous heads</HI> turn different wayes) yet profit and preferment (be|ing their <HI>Tails</HI>) their la&s;t and ultimate end by which they are go|verned (like a Ship by his Rudder) and wherein they mutually corre&s;pond; the re&s;t of their differences being but circum&s;tantial are ea&s;ily plai&s;ter'd over with the <HI>untempered Morter</HI> of hypocri|cy by their <HI>Rabbies</HI> of the A&s;&s;embly, and their <HI>Grandees</HI> of the two Hou&s;es and Army, in whom they have an <HI>implicite faith.</HI> As <HI>Mahomet's</HI> Alchoran was the Gallemaufry of Jew and Chri|&s;tian; &s;o are they a Compo&s;ition of Jew, Chri&s;tian, and Turk;<NOTE PLACE="marg">Independen<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> is compoun<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">+ed of Judai&s;m</NOTE> with the Jew they arrogate to be the peculiar people of God,
<PB N="28" REF="19"> the Godly, the Saints, who only have right unto the Creatures, and &s;hould po&s;&s;e&s;s the good things of this World, all others being U&s;urpers; a Tenent &s;o de&s;tructive to humane &s;ociety and civil Government, that by vertue hereof they may and do by fraud, or force, Tax, eat up with Free-quarter, cozen and plunder the whole Kingdom, and count it but robbing the Egyptians: To this purpo&s;e they overthrow all the Judicatures, Laws, and Li|berties of the Land, and &s;et up Arbitrary Committees, Martial-Law, and <HI>Weather-cock</HI> Ordinances in their room, <HI>made</HI> and <HI>unmade</HI> by their own over-powring faction in Parliament at plea&s;ure, with the help and terror of their <HI>Jani&s;aries,</HI> attending at their doors.</P>
<P><NOTE PLACE="marg"><GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ri&s;tiani&s;m.</NOTE>With the Chri&s;tian, &s;ome of them (but not all) acknowledge the Scriptures, but &s;o far only as they will &s;erve their turns, to <HI>Phari&s;e</HI> them&s;elves, and <HI>Publican</HI> all the World be&s;ides; men filled with &s;piritual pride, meer Enthu&s;ia&s;tiques, of a &s;peculative and high flying Religion, too high for Earth, and too low for Heaven; whereas a true and fruitful Religion (like <HI>Jacob's</HI> Lad|der) <HI>Stat pede in terris, caput inter nubila condit,</HI> mu&s;t have one end upon earth, as well as the other in Heaven. He that acknow|ledgeth the duties of the fir&s;t table to God, and neglecteth the duty of the &s;econd table to Man, is an Hypocrite both again&s;t God and Man.</P>
<P><NOTE PLACE="marg"><GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">rci&s;m.</NOTE>With the Turk they &s;ubject all things, even Religion, Laws, and Liberties (&s;o much cried up by them heretofore) to the power of the Sword, ever &s;ince by undermining practices and lies they have jugled the <HI>States Sword</HI> into the <HI>Independent Scabbard.</HI></P>
<P><NOTE PLACE="marg"><GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">he Earl of <HI><GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">&s;ex</HI> and Sir <HI><GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ill. Waller</HI> <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">dermined <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> let in the <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">dependents.</NOTE>The Earl of <HI>E&s;&s;ex,</HI> General of all the Parliaments Forces (a man though popular and hone&s;t, yet &s;tubbornly &s;tout, fitter for Action than Coun&s;el, and apter to get a victory than improve it) mu&s;t be laid by, and his Forces reduced. The like for Sir <HI>William Waller</HI> and his Forces; that Commanders of <HI>Independent</HI> Princi|ples and Intere&s;ts, with Soldiers &s;uitable to them, might by de|grees be brought into their room to reap the harve&s;t of tho&s;e crops which they had &s;owen.</P>
<P>This was the ground-work of the <HI>Independent</HI> de&s;ign, to mono|polize the power of the Sword into their hands.</P>
<P>This could not be better effected than by da&s;hing the <HI>Earl</HI> of
<PB N="29" REF="19"> <HI>E&s;&s;ex</HI> and Sir <HI>William Waller</HI> one again&s;t another: for which pur|po&s;e the hot-headed Schi&s;matique Sir <HI>A. Ha&s;lerigge</HI> was imploy|ed with Sir <HI>William Waller</HI> and &s;ome others (who&s;e A&s;hes I will &s;pare) with the E. of <HI>E&s;&s;ex</HI> to break them one upon another. This was at la&s;t effected by taking advantage of their &s;everal misfor|tunes: the one at <HI>Li&s;lethyell</HI> in <HI>Cornwall,</HI> the other at the <HI>Devi&s;es</HI> in <HI>Wilt&s;hire,</HI> where <HI>Ha&s;lerigge</HI> (a man too ignorant to command, and too in&s;olent to obey) not &s;taying for the foot, who lay round about the <HI>Devi&s;es</HI> in a &s;torming po&s;ture, charged up a &s;teep hill with his Hor&s;e onely again&s;t the Lord <HI>Wilmots</HI> Party, one Divi|&s;ion &s;o far from another, that the &s;econd Divi&s;ion could not re|lieve the fir&s;t, thereby freeing Sir <HI>Ralph Hopton</HI> from an a&s;&s;ured overthrow, and be&s;towing an unexpected Victory on the L. <HI>Wil|mot:</HI> he received a wound in his flight, the &s;mart whereof is &s;till &s;o powerfully imprinted in his memory, that he abhors fighting ever &s;ince; witne&s;&s;e his praying and crying out of Gun-&s;hot at the Battle at <HI>Cheriton,</HI> when he &s;hould have fought; and his com|plaints openly made in the Hou&s;e of Commons of the Earl of <HI>Stanford</HI> for Ba&s;tonadoing him. Which ra&s;hne&s;&s;e of his (if it de|&s;erve not a wor&s;e name) was &s;o far from being di&s;countenanced, that he received not long after a gift of 6500 l. from the Hou&s;e, and is lately made Governour of <HI>Newca&s;tle,</HI> and 3000 l. given him to repair the works there. I &s;hall not need the Spirit of Pro|phecy to fore&s;ee, that the tenth part of the &s;aid 3000 l. will not be be&s;towed upon tho&s;e Works. Thus was he favoured by his party in the Hou&s;e, who were thought to look upon this action as an acceptable &s;ervice.</P>
<P>In farther porgre&s;&s;e of this de&s;ign, <HI>Manche&s;ter</HI> (a Lord,<NOTE PLACE="marg">3 The Earl of <HI>Manche&s;ter</HI> undermined.</NOTE> and therefore not to be confided in) was undermined and accu&s;ed by his Lievt. General <HI>Cromwell</HI> of high Crimes, whom he again re|criminated 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 bat|tle between them; whereby, all men concluded them both guil|ty: <HI>Manche&s;ter</HI> was di&s;carded.</P>
<P>Out of the a&s;hes of the&s;e three aro&s;e that Phoenix (for&s;ooth a new moddell'd Army, under the Command of Sir <HI>Thomas Fair|fax,</HI> a Gentleman of an irrational and bruti&s;h valour, fitter to follow another mans coun&s;el than his own, and obnoxious to
<PB N="30" REF="20"> <HI>Cromwel,</HI> and the <HI>Independent faction</HI> (upon who&s;e bottome he &s;tands) for his preferment, it being no di&s;honour to him to be|come the property to a powerful Faction.</P>
<P><NOTE PLACE="marg">4 The Victories <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">f the new <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">odel how <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">tchieved.</NOTE>It plea&s;ed God to be&s;tow many Victories upon this Army over the Kings Forces, then &s;trong in bulk, but weakned by Factions, want of pay, and other di&s;tractions (wherby many of their Com|manders not confiding in one another, began to provide for their future &s;afety and &s;ub&s;i&s;tence) but above all, they had generally lo&s;t the peoples affections. To the&s;e their Victories, the con&s;tant pay, and &s;upplies, and all other helps and encouragements from a concurring State, which their working and <HI>re&s;tle&s;s Faction</HI> care|fully accommodated them withal, (far beyond what any other Army had formerly) did much conduce, in &s;o much as they clea|red the Field, and took in all the enemies Gari&s;ons, with &s;o much facility, that to many men they &s;eemed rather <HI>Caupo|nantes bellum quam belligerantes,</HI> to conquer with &s;ilver than with &s;teel: a good Pur&s;e is a &s;hrewd weapon.</P>
<P><NOTE PLACE="marg">5 Artifices to make <HI>Crom|wel</HI> and his <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ew Model popular.</NOTE>Thus this Faction having got a General fit for their turn, and a Lievtenant General wholly theirs in judgement and intere&s;t, were diligent to make him famous and popular, by ca&s;ting upon him the honour of other mens atchievements and valour. The News-books taught to &s;peak no language but <HI>Cromwel,</HI> and his Party; and were mute in &s;uch actions as he and they could claim no &s;hare in; for which purpo&s;e the Pre&s;&s;es were narrowly watch|ed. When any great exploit was half atchieved, and the diffi|culties overcome, <HI>Cromwel</HI> was &s;ent to fini&s;h it, and take the glory to him&s;elf, all other men mu&s;t be eclip&s;ed, that <HI>Cromwel</HI> (the <HI>Knight of the Sun,</HI> and <HI>Don Quixot</HI> of the <HI>Independents</HI>) and his Party may &s;hine the brighter.</P>
<P><NOTE PLACE="marg">6 The new Model new-modelled by degrees to put the Sword into the hands of Schi&s;maticks.</NOTE>And that <HI>Cromwels</HI> Army might be &s;uitable to him&s;elf, and their De&s;igns carried on without interruption or ob&s;ervation of &s;uch as are not of their Principles, all the Sectaries of <HI>England</HI> are invited to be Re&s;erves to this Army; and all pretences of &s;candals and crimes laid hold of at their own Councils of War, to ca&s;heer and disband the Presbyterian party, that <HI>Independents</HI> might be let into their rooms, though &s;uch as (for the mo&s;t part) never drew Sword before: &s;o that this Army (which boa&s;teth it &s;elf for the Deliverer, nay the Conquerour of two Kingdoms) is
<PB N="31" REF="20"> no more the &s;ame that fought at <HI>Nazeby,</HI> than Sir <HI>Francis Drakes</HI> Ship that brought him home, can be called the &s;ame Ship that carried him forth about the Earth, having been &s;o often repair|ed, and therefore &s;uffered &s;o many &s;ub&s;tractions and additions, that hardly any of the old ve&s;&s;el remained. It was therefore nominally and formally, not really and materially the &s;ame.</P>
<P>The &s;aid <HI>my&s;tery of the two Juntoes</HI> farther tells you, that the Independent <HI>Junto</HI> bottomed all their hopes and intere&s;ts upon keeping up this Army, whereby to give the Law to King, King|dom, Parliament and City, and to e&s;tabli&s;h that <HI>Chimaera</HI> called <HI>Liberty of Con&s;cience.</HI> That this was <HI>Cromwels</HI> ambition former|ly, the Earl of <HI>Manche&s;ter's</HI> afore&s;aid Charge again&s;t <HI>Cromwel</HI> (though let fall without pro&s;ecution, le&s;t &s;o great a my&s;tery &s;hould be di&s;covered) makes it probable, and his later practices upon which I now fall makes it infallible.</P>
<P>The Hou&s;es long &s;ince (for ea&s;e of the people) in a full and free Parliament, ordained the disbanding of this Army:<NOTE PLACE="marg">7. The Army voted to be disbanded through <HI>Cromwels</HI> craft.</NOTE> only 5000. Hor&s;e, 1000. Dragoons, and &s;ome few Fire-locks to be continued in pay for &s;afety of this Kingdom, and &s;ome of them to be &s;ent for <HI>Ireland:</HI> for which purpo&s;e they borrowed 200000 l. of the City (being the &s;ame &s;um which disbanded the Scots) and for the re&s;t of their Arrears, they were to have De|benters and Security without all exceptions; &s;uch terms of ad|vantage as no other disbanded Souldiers have had the like, nei|ther are the&s;e like to attain to again: &s;o that they have brought the Souldiers into a lo&s;s, as well as into a labyrinth; their con|tinuing in arms without, nay, again&s;t <HI>lawful Authority,</HI> being a manife&s;t act of Trea&s;on and Rebellion, and &s;o it is looked upon by the whole Kingdom; nor can the Parliaments &s;ub&s;equent Ordinances (which all men know to be extorted by force, as hereafter &s;hall appear) help them.</P>
<P>To the pa&s;&s;ing of this Ordinance, <HI>Cromwels</HI> Prote&s;tation in the Hou&s;e with his hand upon his bre&s;t, <HI>In the pre&s;ence of Almighty God, before whom he &s;tood, that he knew the Army would disband and lay down tbeir Arms at their door, when&s;oever they &s;hould com|mand them,</HI> conduced much: this was maliciou&s;ly done of <HI>Crom|wel</HI> to &s;et the Army at a greater di&s;tance with the Presbyte|rian Party, and bring them and the Independent party neerer
<PB N="32" REF="21"> together; he knew the Army abominated nothing more than Disbanding and returning to their old Trades, and would hate the Authors thereof.</P>
<P><NOTE PLACE="marg">8. Agitators rai|&s;ed by <HI>Cromw.</HI></NOTE>And at the &s;ame time when he made the&s;e prote&s;ts in the Hou&s;e, he had his Agitators (<HI>Spirits</HI> of his and his Son <HI>Ireton's</HI> conjuring up in the Army,<NOTE PLACE="marg">9. The beginning of the project to purge the Hou&s;es.</NOTE> though &s;ince conjured down by them without requital) to animate them again&s;t the major part of the Hou&s;e (under the notion of <HI>Royali&s;ts,</HI> a <HI>Malignant party</HI> and <HI>Enemies to the Army</HI>) to engage them again&s;t <HI>Disbanding</HI> and <HI>going</HI> for <HI>Ire|land,</HI> and to make a Traiterous Comment upon the &s;aid Ordi|nance,<NOTE PLACE="marg">10. The Army put into mutiny a|gain&s;t the Par|liament, wher|by <HI>Cromwell</HI> monopolizeth the Army.</NOTE> to demand an <HI>Act of Indemnity,</HI> and relie upon the ad|vice of Judge <HI>Jenkins</HI> for the validity of it, and to in&s;i&s;t upon many o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">her high demands; &s;ome private, as Souldiers; &s;ome publique, as States-men.</P>
<P><HI>Cromwell</HI> having thus by mutinying the Army again&s;t the Par|liament, made them his own, and monopolized them, (as he did formerly his Brew-hou&s;e at <HI>Ely</HI>) which he might ea&s;ily do,<NOTE PLACE="marg">11. <HI>Cromwel's</HI> fa|mily in the Army.</NOTE> ha|ving before-hand filled mo&s;t of the chief Officers in the Army with his own kindred, allyes, and friends, (of who&s;e numerous family,<NOTE PLACE="marg">12. <HI>Cromwel and Ireton</HI> u&s;urp Offices in the Army.</NOTE> Lievt. Col. <HI>Lilburn</HI> gives you a li&s;t in one of his Books) he now flies to the Army, doubting (his practi&s;es di&s;coverd) he might be impri&s;oned: where he and <HI>Ireton</HI> a&s;&s;uming Offices to them|&s;elves, acted without Commi&s;&s;ion; having not only been ou&s;ted by the &s;elf-denying Ordinance, (if it be of any power again&s;t the godly) but al&s;o their &s;everal Commi&s;&s;ions being then expired; and Sir <HI>Thomas Fairfax</HI> having no authority to make General Officers, as appears by his Commi&s;&s;ion (if he make any account of it) and therefore <HI>Sprig,</HI> alias <HI>Nathaniel Fines,</HI> in his Legend or Romance of this Army, called <HI>Anglia Rediviva,</HI> &s;ets down two Letters &s;ent from Sir <HI>Thomas Fairfax</HI> to the Speaker <HI>William Lenthal,</HI> one to de&s;ire <HI>Cromwel's</HI> continuance in the Army, ano|ther of thanks for &s;o long forbearing him from the Hou&s;e: &s;ee <HI>Ang. Red. p.</HI> 10, 11, 29. which needed not, had he been an Offi|cer of the Army.</P>
<P>And now both of them bare-faced, and openly, joyn with the Army at <HI>Newmarket,</HI> in trayterous Engagements, Declarations, Remon&s;trances, and Manife&s;to's; and Petitions penn'd by <HI>Crom|wel</HI> him&s;elf, were &s;ent to &s;ome Counties to be &s;ub&s;cribed, again&s;t
<PB N="33" REF="21"> &s;uppo&s;ed Ob&s;tructors of ju&s;tice, and Invaders of the Peoples Li|berties in Parliament; and the Army at <HI>Newmarket</HI> and <HI>Triplo-Heath</HI> prompted to cry, <HI>ju&s;tice, ju&s;tice</HI> again&s;t them; and high and trea&s;onable demands, de&s;tructive to the fundamental priviledges of Parliament were publickly in&s;i&s;ted upon; many of which for quietne&s;&s;e &s;ake, and out of compa&s;&s;ion to bleeding <HI>Ireland,</HI> were granted; yet the&s;e re&s;tle&s;s &s;pirits (hurried on to further de&s;igns) made one impudent demand beget another, and when by Letters and otherwi&s;e they had promi&s;ed, <HI>That if their then pre&s;ent de|mands were granted, they would there &s;top and acquie&s;ce;</HI> yet when they &s;eemed to have done, they had not done, but deluded and evaded all hopes of Peace by mi&s;-apprehen&s;ion, and mi&s;-con&s;tru|ction of the Parliaments conce&s;&s;ions; making the mi&s;-interpreta|tions of one grant, the generation of another demand, &s;o that al|mo&s;t ever &s;ince the Parliament hath nothing el&s;e to do but en|counter this <HI>Hydra</HI> and <HI>roll this &s;tone.</HI></P>
<P>Having thus debauched the Army,<NOTE PLACE="marg">Securing <HI>Ox|ford,</HI> &amp; plun|dring the King from <HI>Holdenby</HI></NOTE> he plotted in his own Cham|ber the &s;ecuring the Gari&s;on, Magazine, and Train of Artilery at <HI>Oxford,</HI> and &s;urprizing the Kings per&s;on at <HI>Holdenby;</HI> which by his In&s;trument Coronet <HI>Joyce,</HI> with a commanded party of Hor&s;e, he effected; and when <HI>Joyce</HI> (giving <HI>Cromwel</HI> an account of that action) told him, <HI>He had now the King in his power;</HI> well (replied <HI>Cromwel) I have then the Parliament in my Pocket.</HI> O in&s;olent Slave! O &s;lavi&s;h <HI>Engli&s;h!</HI> thus to &s;uffer your King and Parliament, together with your Wives and Children, Religion, Laws, Liberties, and Properties, to be Captivated by &s;o con|temptible a Varlet. If our Noble Ance&s;tors (who vindicated their Liberties, and got <HI>Magna Charta</HI> by the Sword) &s;hall look down from Heaven, and &s;ee their Po&s;terity &s;o cowardly re&s;ign them to a handfull of bloody, cheating Shi&s;maticks, they will not own us, but take us for <HI>Ru&s;&s;ian</HI> Slaves, <HI>French</HI> Pea&s;ants, and cry out, that we are a Ba&s;tard brood, <HI>Servi natura,</HI> born for bondage; yet afterwards (having recour&s;e to his u&s;ual <HI>fa|miliarity with Almighty God) Cromwel</HI> u&s;ed his Name to prote&s;t his ignorance and innocence in that bu&s;ine&s;&s;e, both to the <HI>King</HI> and <HI>Parliament,</HI> adding an execration upon his Wife and Chil|dren to his prote&s;tation; yet <HI>Joyce</HI> is &s;o free from puni&s;hment, that he is &s;ince preferred, and his Arrears paid by their
<PB N="34" REF="22"> means; and though both Hou&s;es required the Army to &s;end his Royal Per&s;on to <HI>Richmond,</HI> to be there left in the hands of the Parliaments Commi&s;&s;ioners, whereby both Kingdoms might freely make addre&s;&s;es to him, (for they had formerly excluded and abu&s;ed the Scots Commi&s;&s;ioners, contrary to the law of Na|tions, and Votes of both Hou&s;es, and yet then granted free ac|ce&s;s to the mo&s;t de&s;perate per&s;ons of the <HI>Kings Party</HI>) yet they could obtain no better an&s;wer from the&s;e <HI>Rebellious Saints,</HI> than <HI>That they de&s;ired no place might be propo&s;ed for his Maje&s;ties re&s;idence nearer</HI> London,<NOTE PLACE="marg"><HI>Manife&s;to</HI> of the Army <HI>June</HI> 27. 1647</NOTE> <HI>than where they would allow the Quarters of the Ar|my to be.</HI> This was according to their old threats of marching up to <HI>London,</HI> frequently u&s;ed when any thing went contrary to their de&s;ires; they knew what dangerous and trouble&s;ome gue&s;ts we &s;hould find them here.</P>
<P>How much is this Army degenerated &s;ince <HI>Cromwel</HI> and his demure white-livered Son-in-law <HI>Ireton</HI> poy&s;oned their manners with new principles? <HI>Anglia Rediviva p.</HI> 247. tells us, that about <HI>Wood&s;tock</HI> private overtures were made by &s;ome from Court for receiving his Maje&s;ty, who was minded to ca&s;t him&s;elf upon the Army; but &s;uch was their faithfulne&s;s in that point, that con|ceiving it derogatory to the honour and power of Parliament, (for his Maje&s;ty to wave that highe&s;t Court, and addre&s;s him|&s;elf to any others) and therefore incon&s;i&s;tent with their tru&s;t and duty, being &s;ervants of the State, they certified the Parliament thereof, and under&s;tanding it to be again&s;t their &s;en&s;e al&s;o, they ab&s;olutely refu&s;ed to be tampered with. Oh, how faithful then! how perfidious and <HI>Cromwellized</HI> are they now! let their fre|quent tampering with the <HI>King and His Party,</HI> to the amazement of the Kingdom, and the <HI>abu&s;ing of the King,</HI> te&s;tifie. Read <HI>Putney Projects</HI> written by a con&s;iderable Officer of the Army, and a friend to <HI>Cromwel,</HI> though not to his fal&s;e practices.</P>
<P><NOTE PLACE="marg">14. Their project to keep the Parliament in Ward&s;hip.</NOTE>Having thus gotten the <HI>King</HI> (the <HI>fir&s;t</HI> and mo&s;t vi&s;ible legal authority of <HI>England</HI>) into their po&s;&s;e&s;&s;ion, their next de&s;ign is to get the <HI>Parliament</HI> (the <HI>&s;econd</HI> legal authority of <HI>England</HI>) into their power.</P>
<P><NOTE PLACE="marg">15. Purging the Hou&s;es again.</NOTE>This could not be effected but by purging the two Hou&s;es of <HI>Presbyterian Members</HI> (e&s;pecially the mo&s;t active, and &s;uch as had laboured their disbanding) that an <HI>Independent</HI> Parliament and
<PB N="35" REF="22"> Army might govern the Kingdom: In order to which de&s;ign they &s;ent to the Hou&s;e of Commons in the name of Sir <HI>Thomas Fair|fax</HI> and the <HI>Army,</HI><NOTE PLACE="marg">16. Accu&s;ing the 11. Members.</NOTE> a general and confu&s;ed Charge of High Trea&s;ons and other mi&s;-demeanours again&s;t <HI>eleven Members,</HI> for things done (for the mo&s;t part in the Hou&s;e) and many of the principal, &s;uch as the Hou&s;e had long before examined and acquitted them of, and &s;uch as the whole Kingdom knows <HI>Cromwel</HI> and <HI>Ire|ton</HI> to be apparently guilty of; as, <HI>Trucking with the King, &amp;c.</HI></P>
<P>One cheif Article in&s;i&s;ted upon in the Charge was, <HI>That by their power in the Hou&s;e, they cau&s;ed the Ordinance for Disbanding this Army to pa&s;s.</HI> Here you &s;ee where the &s;hooe wrings them; This Charge was not &s;ub&s;cribed by any informer that ingaged to make it good, or el&s;e to &s;uffer puni&s;hment, and make the Hou&s;e and the parties accu&s;ed, reparations: as by the <HI>Stat.</HI> 25. <HI>Ed.</HI> 3. <HI>c.</HI> 4. 27. <HI>Ed.</HI> 3. <HI>c.</HI> 18. 38. <HI>Ed.</HI> 3. <HI>c.</HI> 9. 17. <HI>R.</HI> 2. <HI>c.</HI> 6. 15. <HI>H.</HI> 6. <HI>c.</HI> 4. but e&s;|pecially by 31. <HI>H.</HI> 6. <HI>c.</HI> 1. concerning <HI>Jack Cade</HI> (which comes nea|re&s;t this ca&s;e) ought to be; and they profe&s;&s;ed in the 2. 3. 4. Article of their Charge, <HI>That they were di&s;-obliged and di&s;couraged from any further engagement in the Parliament &s;ervice, or</HI> Irelands <HI>pre|&s;ervation; And demanded the Hou&s;e &s;hould forthwith &s;uspend the im|peached Members from any longer &s;itting and acting.</HI> Whereupon, the Hou&s;e after full debate in a full and free Parliament, <HI>Re&s;ol|ved,</HI> June 25. 1647. <HI>That by the Laws of the Land no judgment could be given for their &s;u&s;pention upon that general Charge, before particulars produced, and proofs made;</HI> Yet the Army (which had now learned only to acquie&s;ce in their own prudence and ju&s;tice) in&s;olently threatned to march up to <HI>We&s;tmin&s;ter</HI> again&s;t the Parlia|ment,<NOTE PLACE="marg">17. Threats to march up to <HI>London.</HI></NOTE> in ca&s;e the &s;aid 11 Members were not &s;u&s;pended; and cour|ted the City of <HI>London</HI> to &s;it Newters,<NOTE PLACE="marg">18. <HI>London</HI> &s;olici|ted to fit Newters.</NOTE> and let them work their will with the Parliament.</P>
<P>The 11. impeached Members therefore mode&s;tly withdrew to free the Hou&s;e from &s;uch danger, as they might incur by prote|cting them, as in Ju&s;tice and Honour they were bound to do: After this, the Army &s;ent in their particular Charge; and libel|lou&s;ly publi&s;hed it in print by their own Authority. To which the 11. Members &s;ent in, and publi&s;hed their An&s;wer. Upon which there hath been no pro&s;ecution, becau&s;e they pretend fir&s;t
<PB N="36" REF="23"> to &s;ettle the Kingdom, b<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">t if they &s;tay till the&s;e fellows have ei|ther authority, will, or skill to &s;ettle the Kingdom, they &s;hall not need to make ready for their tryal till Dooms-day; Here you have a whole Army for Accu&s;ers, and the chief Officers of the Army (being Members of the Hou&s;e) not only accu&s;ers, but parties, Witne&s;&s;es, and Judges, and carrying the Rules of Court, and Laws by which they judge, in their Scabards. And the Charge of Im|peachment, &s;uch (as all men know) <HI>mutatis mutandis</HI> are more &s;uit|able to <HI>Cromwells</HI> and <HI>Iretons</HI> actions, than the accu&s;ed Parties. If the proceeding in the Kings name again&s;t the 5 Members men|tioned in <HI>The exact Collection part.</HI> 1. <HI>p.</HI> 38. were Voted <HI>A Tray|terous de&s;ign against King and Parliament,</HI> and the arre&s;ting any of them upon the Kings Warrant, <HI>an Act of publick enmity again&s;t the Common wealth:</HI> How much more <HI>Trea&s;onable</HI> were the&s;e pro|ceedings; and the Armies March towards <HI>London</HI> to enforce them; and their arre&s;ting <HI>Anthony Nichols,</HI> having the Speakers Pa&s;&s;e, and leave of the Hou&s;e; Colonel <HI>Burch,</HI> being upon &s;ervice of the Parliament going for <HI>Ireland;</HI> and Sir <HI>Samuel Luke,</HI> re&s;ting quiet in his own hou&s;e?</P>
<P><NOTE PLACE="marg">19. The fir&s;t occa|&s;ion of quarrel again&s;t the City.</NOTE>Whil&s;t the&s;e things were acting, <HI>Cromwel</HI> finding he could not have his will upon the Parliament, but that he mu&s;t make the City of <HI>London,</HI> (who had denied the neutrality) his Enemies, ca&s;t about how to cheat the Country people of their affections; (for to have both City and Country his Enemies in the po&s;ture his Army was then in,<NOTE PLACE="marg">20. Courting and cheating the Country and all other inte|re&s;t to lull them a &s;leep till the Gran|dees had wrought their will upon the City and Hou&s;es.</NOTE> was dangerous) he therefore by many Print|ed Books and Papers, &s;pread all <HI>England</HI> over by his Agita|tors, and by &s;ome Journey-men Prie&s;ts (who&s;e <HI>Pulpits</HI> are the be&s;t <HI>Juglers boxes</HI> to deceive the &s;imple) <HI>Ab&s;olom</HI>-like, wooeth them to make loud Complaints of the pre&s;&s;ures and grievances of the People: to neglect the King and the Parliament, and make Addre&s;&s;es to the Army as their only Saviours, the Arbitrators of Peace, Re&s;torers of our Laws, Liberties and Properties, Setlers of Religion, Pre&s;ervers of all ju&s;t intere&s;ts: pretended to &s;ettle the King in his ju&s;t Rights and Prerogatives; to uphold the Pri|vileges of Parliament,<NOTE PLACE="marg">21. Petitions to the Army, and for the Army.</NOTE> e&s;tabli&s;h Religion, to reform, and bring to account all Committees, Seque&s;trators, and all others that had defiled their fingers with publique money or goods; To free the people from that all devouring Exci&s;e and other Taxes; to re|dre&s;se
<PB N="37" REF="23"> undue elections of Members; To relieve <HI>Ireland:</HI> Things impo&s;&s;ible to be performed by an Army, and now totally for|gotten; &s;o that they have only accepted of their own private demands as Souldiers; That the Parliament &s;hould own them for <HI>their Army;</HI> E&s;tabli&s;h pay for them; put the whole <HI>Militia</HI> of this Kingdom, and <HI>Ireland</HI> both by Sea and Land, into their Hands, and Vote again&s;t all oppo&s;ite Forces. But they are now become the only Protectors of all corrupt Committee-men, Seque&s;trators, Accomptants to the State, and all other facinorous per&s;ons, who comply with them to keep up this Army, for their own &s;ecurity again&s;t publick ju&s;tice.</P>
<P>Having thus courted and cheated all the publick and ju&s;t In|tere&s;ts of the Kingdom, they deceived the people &s;o far as to make them <HI>I&s;&s;achar</HI>-like, patiently to bear the <HI>burden of free-quar|ter,</HI> and to make addre&s;&s;es to the Army for them&s;elves; by Peti|tions, to which they gave plau&s;ible an&s;wers, That <HI>this,</HI> and <HI>this</HI> was <HI>the &s;en&s;e of the Army:</HI> As if the &s;en&s;e of the Army had been the &s;upreme Law of the Land, and to make addre&s;&s;es to the Parlia|ment for the Army not to be disbanded, (for which purpo&s;e their <HI>Agitators</HI> carried Petitions ready penned to be &s;ub&s;cribed in mo&s;t Counties.)</P>
<P>The Peo<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">le being thus lulled a&s;leep,<NOTE PLACE="marg">22. A quarrel a|gain&s;t the City invented.</NOTE> they now ca&s;t about how to make benefit of a joynt quarrel both again&s;t the Parliament and City, (&s;ince they could not &s;eparate them) or at lea&s;t again&s;t the Presbyterian party in both; they had withdrawn their quar|ters (in a &s;eeming obedience to Parliaments commands) 30 miles from <HI>London</HI> (of which they often brag in their Papers) and pre|&s;umed the &s;u&s;pen&s;ion of the 11. Members, had &s;truck &s;uch an aw|fulne&s;s into the Hou&s;es, that mo&s;t of the Presbyterian Members would either ab&s;ent them&s;elves, (as too many indeed did) or turn Renegadoes from their own principles to them: but found them|&s;elves notwith&s;tanding oppo&s;ed, and their de&s;ires retarded (be|yond their expectation) by the remainder of that party.<NOTE PLACE="marg">23. The Army de|mand the City Militia to be changed into other hands.</NOTE> They mu&s;t therefore find out a quarrel to march again&s;t the City, and give the Hou&s;es another Purge, &s;tronger than the former.</P>
<P>The Army being principled, and put into a po&s;ture &s;utable to <HI>Cromwels</HI> de&s;ire, and the Country charmed into a dull &s;leep, now was his time to pick a quarrel with the City, that what he could
<PB N="38" REF="24"> not obtain by fair means, he might obtain by foul, to make them de&s;ert and divide from the Parliament, and leave it to be mo|delled according to the di&s;cretion of the Souldiery. He could not think it agreeable to policy, that the City which had &s;lai<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> his Compeer and fellow Prince <HI>Wat Tyler</HI> (the Idol of the Commons in <HI>Richard</HI> the &s;econds time) and routed his followers (four times as many in number as this Army) &s;hould be tru&s;ted with their own <HI>Militia,</HI> the City being now greater, more populous and powerfull than in his days. In a full and free Parliament upon mature debate, both Hou&s;es by Ordinance (dated 4 <HI>May</HI> 1647.) had e&s;tabli&s;hed the <HI>Militia</HI> of the City of <HI>London</HI> for a year, in the hands of &s;uch Citizens, as by their Authority and approbation were nominated by the Lord Mayor, Aldermen, and Common-Council; and though the Army had recruted it &s;elf without Au|thority, and had got them&s;elves inve&s;ted with the whole power of all the Land forces of the Kingdom in pay of the Parliam. &s;o that there was nothing left that could be formidable to them but <HI>their own crimes;</HI> and that it was expected they &s;hould go roundly to work upon tho&s;e publick remedies they had &s;o often held forth to the people in their popular Printed Papers:<NOTE PLACE="marg">See the Letter and Remon|&s;trance from Sir <HI>Tho. Fair|fax</HI> and the Army, p. 8. 9.</NOTE> Yet the Army (contrary to what they promi&s;ed to the City in their <HI>Letter</HI> 10. <HI>June,</HI> and their <HI>Declaration</HI> or <HI>Repre&s;entation,</HI> 14 <HI>June,</HI> 1647. <HI>That they would not go beyond their de&s;ires at that time expre&s;&s;ed, and for other particulars would acquie&s;ce in the Ju&s;tice and wi&s;dom of the Parliament</HI> (behold their mode&s;ty!) by a <HI>Letter</HI> and <HI>Remon&s;trance</HI> from Sir <HI>Thomas Fairfax</HI> and the Army, with un|re&s;i&s;ted boldne&s;s demanded the <HI>Militia</HI> of the City of <HI>London</HI> to be returned into other hands; without acquainting the City of their Commi&s;&s;ioners (then re&s;ident in the Army to keep a good corre&s;pondency with them) therewith; upon which Letter alone, the Hou&s;e of Commons (being very thin, and many Members driven away by menaces) upon <HI>July</HI> 22. Voted the repealing the &s;aid Vote of 4 <HI>May,</HI> and a new Ordinance for reviving the old <HI>Militia,</HI> pre&s;ently pa&s;&s;ed and tran&s;mitted to the Lords the &s;ame day about &s;even of the clock at night, and there pre&s;ently pa&s;&s;ed without debate, though moved by &s;ome to be put off until the Ci|ty (who&s;e &s;afety and privileges it highly concerned) were heard what they could &s;ay to it.</P>
<PB N="39" REF="24">
<P>Ob&s;erve that neither by the &s;aid Paper from the Army; nor by any man in the two Hou&s;es, any thing was objected again&s;t any of the new <HI>Militia.</HI></P>
<P>And indeed, formerly the Parliament never made choice of, enlarged, or changed the City <HI>Militia,</HI> but they were &s;till plea&s;ed fi<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">&s;t to communicate the &s;ame to the Common-Council; a Re|&s;<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ect ju&s;tly &s;hewed to that City which had been &s;uch good friends to them; but of late, &s;ince the Parliament have &s;hifted their old P<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">inci<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">les and Intere&s;ts, they have learned to lay by their old Friends. The pretence for this ha&s;ty pa&s;&s;ing the Ordinance, was to prevent the Armies &s;o much theatned march to <HI>London,</HI> if the Hou&s;es refu&s;ed to pa&s;s it; and the Cities oppo&s;ition, if not pa&s;&s;ed before their notice of it. But the real de&s;ign was to &s;trike a di&s;|content and jealou&s;ie into the City, thereby to force them to &s;ome act of &s;elf-defence, which might give a colour to the Army to march up again&s;t them, and their friends in the Hou&s;es.</P>
<P>The unexpected news of this changing their <HI>Militia,</HI><NOTE PLACE="marg">24. The City trou|bled at the change of their <HI>Militia.</HI></NOTE> cau&s;ed the City (<HI>June</HI> 24. being Saturday) to meet in Common-Coun|cil, where, (for &s;ome rea&s;ons already expre&s;&s;ed) and becau&s;e the repealing this Ordinance upon no other grounds than the Ar|mies imperious de&s;ires, might ju&s;tly be &s;u&s;pected, to &s;hake all other Ordinances, for &s;ecurity of Money, &s;ale of Bi&s;hops Lands,<NOTE PLACE="marg">I appeal to Colonel <HI>Har|vy,</HI> whether this did not fright him?</NOTE> by ma|king them repealable at the Armies plea&s;ure; they re&s;olve to Petition the Hou&s;e upon Monday morning following, being 26. <HI>July,</HI> which they did by the Sheriffs and &s;ome Common-Coun|cil men; But &s;o it hapned, that about one thou&s;and <HI>Apprentices</HI> wholly unarmed,<NOTE PLACE="marg">25. The City Pe|tition the Hou&s;es for their <HI>Militia</HI> again.</NOTE> came down two or three hours after with ano|ther Petition, of their own, to the Hou&s;es; Therein complaining, that <HI>to Order the Cities Militia was the Cities Birth-right belong|ing to them by Charters confirmed in Parliament, for defence whereof they had adventured their lives as far as the Army; And de&s;ired the Militia might be put again into the &s;ame hands in which it was put with the Parliaments and Cities con&s;ent by Ordinance,</HI> May 4.<NOTE PLACE="marg">26. The tumult of Apprentices, 26. <HI>July.</HI></NOTE></P>
<P>Upon reading the&s;e Petitions, the Lords were plea&s;ed to revoke the Ordinance of <HI>July</HI> 23. and revive that of <HI>May</HI> 4. by a new Ordinance of <HI>July</HI> 26. which they pre&s;ently &s;ent down to the Commons for their con&s;ents, where &s;ome of the Apprentices (pre|&s;uming they might have as good an influence upon the Hou&s;e to
<PB N="40" REF="25"> obtain <HI>their due,</HI> as the Army in pay of the Parliament had to ob|tain <HI>more than their due</HI>) in a childi&s;h heat were over-clamorous to have the Ordinance pa&s;&s;ed, refu&s;ing to let &s;ome Members pa&s;s out of the Hou&s;e, or come forth into the Lobby when they were to divide upon the que&s;tion about it, (&s;o ignorant were they of the cu&s;tomes of the Hou&s;e) which at la&s;t pa&s;&s;ed in the affirmative about three of the clock afternoon;<NOTE PLACE="marg">27. The Tumult of Apprentices cea&s;ed, but ar|tificially con|tinued by Se|ctaries.</NOTE> and then mo&s;t of the Ap|prentices departed quietly into the City. After which, &s;ome di&s;or|derly per&s;on (very few of them Apprentices) were drawn toge|ther and in&s;tigated by divers Sectaries and friends of the Army who mingled with them (among&s;t whom one <HI>Highland</HI> was ob|&s;erved to be all that day very active; who afterwards [26. <HI>Sept.</HI>] delivered a Petition to the Hou&s;e again&s;t tho&s;e Members that &s;ate, and was an Informer and Witne&s;s examined about the &s;aid <HI>Tu|mult</HI>) gathered about the Commons door and grew very outra|gious, compelling the Speaker to return to the Chair after he had adjourned the Hou&s;e; and there kept the Members in until they had pa&s;&s;ed a Vote, <HI>That the King &s;hould come to London to Treat.</HI></P>
<P>This was cunningly and premeditately contrived, to encrea&s;e <HI>the &s;candal upon the City;</HI> yet when the Common-Council of <HI>Lon|don</HI> heard of this di&s;order as they were then &s;itting; they pre&s;ent|ly &s;ent down the Sheriffs to their re&s;cue with &s;uch &s;trength as they could get ready (their <HI>Militia</HI> being then un&s;etled by the con|tradicting Ordinances of the Parliament) who at la&s;t pacified the Tumult, and &s;ent the Speaker &s;afe home; which was as much as they could do in this interval of their <HI>Militia,</HI> being the Hou&s;es own Act.</P>
<P><NOTE PLACE="marg">28. The Speaker of the Com|mons com|plained of a report, that he meant to flie to the Army; yet run away to the Army:</NOTE>The Lords adjourned until the next Friday; the Commons but until the next day. Tue&s;day morning the Commons &s;ate again quietly, and after &s;ome debate adjourned until Friday next, be|cau&s;e the Lords had done &s;o.</P>
<P>The next day being Wedne&s;day, the <HI>monthly Fa&s;t,</HI> the Speaker and Members met in <HI>Westmin&s;ter</HI> Church; where the Speaker complained (in &s;ome pa&s;&s;ion) to Sir <HI>Ralph A&s;hton</HI> and other Members, of a &s;candalous report rai&s;ed on him in the City, as if he intended to de&s;ert the Hou&s;e, and fly to the Army, &s;aying, <HI>he &s;corned to do &s;uch a ba&s;e, unju&s;t, di&s;honorable act; but would rather die in his Hou&s;e and Chair:</HI> which being &s;poken in a time and
<PB N="41" REF="25"> place of &s;o much reverence and devotion, makes many think his &s;ecret retreat to the Army (the very next day) proceeded not &s;o much from his own judgment, as from &s;ome &s;trong threats from <HI>Cromwel</HI> and <HI>Ireton</HI> (who were the chief contrivers of this de&s;pe|rate plot to divide the City and Hou&s;es, and bring up the Army to <HI>enthrall them both) That if he did not comply with their de&s;ires, they would cau&s;e the Army to impeach him for cou&s;ening the State of ma|ny va&s;t &s;ums of money.</HI></P>
<P>And truly I remember I have &s;een an intercepted Letter, &s;ent about the time of his flight, from the Army to <HI>Will. Lenthal</HI> Spea|ker without any name &s;ub&s;cribed to it, only the two la&s;t lines were of <HI>John Ru&s;hworths</HI> hand; earne&s;tly importuning <HI>him to retire to the Army, with his friends.</HI></P>
<P>On Thur&s;day morning early,<NOTE PLACE="marg">29. The City pro|claim again&s;t Tumults.</NOTE> the newly renewed <HI>Militia</HI> of <HI>Lon|don,</HI> made publick Proclamation throughout the City and Suburbs, and &s;et up printed Tickets at <HI>We&s;tmin&s;ter, That if any per&s;on &s;hould di&s;trub either of the two Hou&s;es or their Members, the Guards &s;hould apprehend them, and if re&s;i&s;tance were made, kill them;</HI> yet notwith|&s;tanding, the Speaker and his party, (carrying the cau&s;es of their fear in their own con&s;ciences) in the evening of that day &s;ecretly &s;tole away to <HI>Wind&s;or</HI> to the Head-quarters.</P>
<P>Upon Friday morning at lea&s;t 140 of the Members a&s;&s;embled in the Hou&s;e (they that fled being about 40.)<NOTE PLACE="marg">30. The Hou&s;es appear, the Speakers being at the Army.</NOTE> whither the Sergeant comming with his Mace, being asked where the <HI>Speaker was?</HI> an&s;wered, <HI>He knew not well; that he had not &s;een him that morning, and was told he went a little way out of Town la&s;t night;</HI> but &s;aid, <HI>he expected his return to the Hou&s;e this morning:</HI> after that, being more &s;trictly que&s;tioned about the Speaker, he withdrew him|&s;elf, and would not be found, till the Hou&s;e (after four hours expectation, and &s;ending &s;ome of their Members to the Speakers hou&s;e, who brought word from his Servants, that <HI>they conceived he was gone to the Army</HI>) had cho&s;en a <HI>new Speaker,</HI><NOTE PLACE="marg">31. New Speakers cho&s;en.</NOTE> Ma&s;ter <HI>Hen|ry Pelham,</HI> and a new Sergeant, who procured another Mace. The like <HI>(mutatis mutandis)</HI> was done by the Lords, to pre|vent di&s;continuance and fayler of the Parliament for want of Speakers to adjourn and &s;o to continue it;<NOTE PLACE="marg">32. Petition and Engagement of the City.</NOTE> and take away all &s;cruples.</P>
<P>As for the <HI>Petition and Engagement of the City</HI> (&s;o much aggra|vated
<PB N="42" REF="26"> by the <HI>Independent party</HI>) it was directed to the <HI>Lord Mayor, Aldermen,</HI> and <HI>Common-Council;</HI> from divers <HI>Citizens, Comman|ders</HI> and <HI>Souldiers,</HI> and was occa&s;ioned by &s;ome intelligence they had, that the <HI>Army would demand an alteration of the City Militia, in order to a de&s;ign they had again&s;t the City.</HI> It was only intended to the Common Hall, but never pre&s;ented, as the <HI>Souldiers Peti|tion</HI> was to their <HI>General,</HI> which being taken notice of by the Par|liament as it was in agitation, was &s;o much re&s;ented by the Soul|diery, as to put them&s;elves into the po&s;ture they are now in (as Lieut. Col. <HI>Lilburn</HI> &s;ays in one of his books) to act no longer by their Commi&s;&s;ion, but by the principles of Nature and &s;elf-defence; nor did the &s;aid <HI>Engagement</HI> contain any thing but <HI>re&s;olutions of &s;elf-defence, in relation to the City;</HI> &s;o that we cannot &s;ee what the Army had to do to declare their &s;ence upon it in their <HI>Letter</HI> 23. <HI>July,</HI> &amp; &s;o put a prejudice upon it in the Hou&s;es. I have in&s;i&s;ted the more particularly upon this <HI>Grand Impo&s;ture,</HI> as being the <HI>Anvill</HI> upon which they hammered mo&s;t of their &s;ub&s;equent de&s;igns, <HI>vio|lent</HI> and <HI>illegal accu&s;ations.</HI></P>
<P><NOTE PLACE="marg">33. Votes pa&s;&s;ed after new Speakers cho&s;en.</NOTE>The new Speakers cho&s;en; <HI>the two Hou&s;es proceeded to Vote and Act, as a Parliament.</HI></P>
<P>And fir&s;t, <HI>The Hou&s;e of Commons Voted in the eleven impeached Members: next, They revive and &s;et up again the Committee of &s;afety by Ordinance of both Hou&s;es, enabling them to joyn with the Committee of the re&s;tored City Militia, giving power by &s;everal Ordinances to them, to Li&s;t and rai&s;e Forces, appoint Commanders and Officers, i&s;&s;ue forth Arms and Ammunition for defence of both Hou&s;es and the City again&s;t all that &s;hould invade them.</HI> Which Votes and preparations for their &s;elf-defence (warranted by the &s;ame law of Nature, as the Armies papers affirm) were not pa&s;&s;ed, nor put in execution untill the Army (every day recrui|ted contrary to the Hou&s;es Orders) were drawing towards <HI>Lon|don,</HI> and had with much &s;corn di&s;obeyed the Votes and Letter of both Hou&s;es, prohibiting them <HI>to come within thirty miles of Lon|don.</HI></P>
<P><NOTE PLACE="marg">34. Members En|gagement with the Army.</NOTE><HI>The Army,</HI> to countenance their Rebellion, <HI>draw the two Speakers and fugitive Members to &s;it in con&s;ultation, and pa&s;s Votes promi&s;cuou&s;ly with the Council of War in the nature of a Par|liament, and to &s;ign an Engagement</HI> (dat. 4. Augu&s;t) <HI>to live and
<PB N="43" REF="26"> die with Sir</HI> Thomas Fairfax <HI>and the Army under his command,</HI> af|firming therein, <HI>that generally throughout, their &s;en&s;e agreeth with the Declaratitn of Sir</HI> Tho. Fairfax, <HI>and his Council of War, &s;hew|ing the grounds of their pre&s;ent advance towards the City of</HI> Lon|don. In which Declaration, the Council of the Army take upon them to be <HI>&s;upreme Judges over the Parliament;</HI> Telling you who of the two Hou&s;es they hold for per&s;ons in whom the publick tru&s;t of the Kingdom remaineth, and by who&s;e advi&s;e they mean to govern them&s;elves in managing the weighty affairs of the King|dom. They declare again&s;t the late choice of a new Speaker by &s;ome Gentlemen at <HI>We&s;tmin&s;ter;</HI> And that as things now &s;tand, there is no free nor legal Parliament &s;itting, being through the violence (26. <HI>July</HI>) &s;u&s;pended. That the Orders and Votes, &amp;c. pa&s;&s;ed 29. <HI>July</HI> la&s;t, and all &s;uch as &s;hall pa&s;&s;e in this a&s;&s;embly of &s;ome few Lords, and Gentlemen at <HI>We&s;tmin&s;ter,</HI> are void and null, and ought not to be &s;ubmitted unto.</P>
<P>Behold here, not only a power without <HI>the Parliament Hou&s;es,</HI> judging of the very <HI>e&s;&s;ence of a Parliament,</HI> and the validity of their re&s;olutions, but u&s;urping to them&s;elves a <HI>negative Voice,</HI> which they deny to the King; and yet a Schi&s;matical faction in the 2 Hou&s;es complying with them, and betraying and pro&s;tituting the very being, Honour, and all the fundamental rights and privileges of this and all future Parliaments to an Army of Rebels who re|fu&s;e to obey their Ma&s;ters, and disband.</P>
<P>This Engagement &s;o over-leavened the army, that their bruti&s;h General &s;ent forth Warrants <HI>to rai&s;e the Trained Bands</HI> of &s;ome Counties to march with him again&s;t the City and both Hou&s;es; although Trained Bands are not under any pay of the Parliament; and therefore not under command of the General, by any Order or Ordinance. But what will not a <HI>Fool in authority</HI> do, when he <HI>is po&s;&s;e&s;&s;ed by Knaves?</HI> Mi&s;erable man! His Foolery hath &s;o long waited upon <HI>Cromwell's</HI> and <HI>Ireton's</HI> knavery,<NOTE PLACE="marg">35. The City &s;end Commi&s;&s;io|ners to the Army, <HI>Fowks, Gibs,</HI> and <HI>E&s;t|weck,</HI> by whom they are be|trayed.</NOTE> that it is not &s;afe for him now to &s;ee his folly, and throw by his <HI>Cap with a Bell</HI> and <HI>his Bable.</HI></P>
<P>The Earl of <HI>E&s;&s;ex</HI> died &s;o opportunely, that many &s;u&s;pected his death was artificiall.</P>
<P>Yet the City were &s;o de&s;irous of Peace, that they <HI>&s;ent Commi&s;|&s;ioners</HI> &s;undry times <HI>to the Army</HI> to mediate an Accord; Who
<PB N="44" REF="27"> could obtain no more equal terms of Agreement than that <HI>They &s;hould yeeld to de&s;ert both Hou&s;es, and the impeached Mem|bers: Call in their Declaration newly Printed and publi&s;hed: Re|linqui&s;h the Militia: Deliver up all their Forts and Line of Com|munication to the Army; together with the Tower of</HI> London, <HI>and all the Magazines and arms therein: Disband all their Forces: Turn all the Reformadoes out of the Line: Withdraw all their guards from the Hou&s;es: Receive &s;uch Guards of Hor&s;e and Foot within the Line, as the Army &s;hould appoint to guard the Hou&s;es: Demoli&s;h their works, &s;uffer the whole Army to march in triumph through the City as Conquerours of it and the Parliament, and</HI> (as they often give out) <HI>of the whole Kingdome:</HI> tearms which they might have had from the great Turk, had he &s;ate down before them and broken ground.</P>
<P>All which was &s;uddenly and di&s;honourably yeelded to, and executed according, by &s;uch an Army as was not able to fight with one half of the City, had they been united: But they are the <HI>Devils &s;eed-men,</HI> and have &s;own the <HI>Cockle of Here&s;ies and Sci&s;m,</HI> &s;o abundantly in City and Country (e&s;pecially among&s;t the more beggarly &s;ort) that the&s;e men joyning Principles and in|tere&s;ts with the Army, weaken the hands of all opponents. They often brag that they made a civil march, free from Plunder: I An&s;wer, they neither dur&s;t nor could do otherwi&s;e: their Soul|diers being ill armed, and &s;o few, that they were not able to keep &s;tands in the &s;treets, and keep the Avenues while their Fellows di&s;per&s;ed to Plunder. <HI>Charles</HI> 8. with a far greater, and more Victorious Ho&s;t, dur&s;t not offer violence to the far le&s;&s;<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> City of <HI>Florence</HI> when <HI>Signior Capona</HI> put an affront upon him in the Town-hou&s;e; Bidding him <HI>beat his drums, and he would ring their Bells.</HI></P>
<P><NOTE PLACE="marg">36. The fugitive Members re|turned.</NOTE>Upon the 6. of <HI>Augu&s;t,</HI> 1647. The General brought the fu|gitive Speakers and Members to the Hou&s;es with a &s;trong Party, (who might have returned &s;ooner without a Guard, had not their own crimes and de&s;igns hindred them) the two Palaces filled with armed guards, double Files clean through <HI>Westmin&s;ter hall,</HI> up the &s;tairs to the Hou&s;e of Commons, and &s;o through the Court of Reque&s;ts to the Lords Hou&s;e, and down &s;tairs again into the old Palace. The Souldiers looking &s;cornfully upon many
<PB N="45" REF="27"> Members that had &s;at in the ab&s;ence of the Speaker, and threat|ning to cut &s;ome of their throats. And all things compo&s;ed to &s;o ridiculous a terrour, as if they would <HI>bespeak</HI> (without <HI>speaking</HI>) the ab&s;ence of tho&s;e Members that &s;at; placed the Speakers in the Chairs without Vote, out of which they had been ju&s;tly Voted for de&s;erting their calling; where the General was placed in a <HI>Chair of State,</HI> (enough to make a fool of any man that was not fit for it) and received &s;pecial thanks for his &s;ervice from both Speakers. And in the &s;econd place, <HI>a day of thanksgiving</HI> was ap|pointed to God, (I think) for his patience in not &s;triking the&s;e A|thei&s;tical Saints with thunder and lightning for making him a &s;tale to their premeditated villanies.</P>
<P>Here Sir <HI>Thomas Fairfax,</HI> with a breath (and before any man that was not privy to the de&s;ign could recover out of his a|mazement) was made <HI>Generali&s;&s;imo</HI> of all the Forces and Forts of <HI>England</HI> and <HI>Wales;</HI> to di&s;po&s;e of them at his plea&s;ure: <HI>Con|&s;table</HI> of the Tower of <HI>London.</HI> The common Souldiers Voted <HI>one moneths gratuity,</HI> be&s;ides their pay (the Commons being in good ca&s;e to give gifts before they <HI>pay debts:</HI>) left to the di&s;cre|tion of the General to &s;et what Guards he plea&s;ed upon the two Hou&s;es. Whereby you may perceive in what unequal condition tho&s;e Members that did not run away with the Speaker, do now &s;it; after &s;o many reiterated threats of the General again&s;t them in his printed Papers.</P>
<P>After this, the General, Lieutenant General,<NOTE PLACE="marg">37. The Armies march in Tri|umph through the City: with other &s;ub&s;e|quent Acts.</NOTE> Major Gene|ral <HI>Skippon</HI> (heretofore Waggoner to Sir <HI>Francis Pere,</HI> and one that hath got well by &s;erving the City) and the whole Army, with the Train of Artillery, marched through <HI>London</HI> in &s;o great pomp and Triumph, as if they would have the People under&s;tand that the Authority of the Kingdom (in who&s;e hands &s;oever it remains in the&s;e doubtfull times) mu&s;t &s;ubmit to the <HI>power of the Sword,</HI> the hilt and handle whereof they hold. They <HI>turn out the Lieutenant of the Tower without cau&s;e &s;hewn.</HI> The con&s;equences of the&s;e two actions were, that immediately the City decayed in Trade above 200000 l. a week; and no more bullion came to the Mint.</P>
<P>They di&s;place all our Governours, though placed by Ordi|nance of Parliament, and put in men of their own party; for this
<PB N="46" REF="28"> encroching faction will have all in their own hands: they alter and divide the Militia of <HI>London,</HI> &s;etting up pa<GAP DESC="illegible" EXTENT="1 letter">ticular Militia's at <HI>We&s;tmin&s;ter, Southwark,</HI> and the <HI>Hamblets of the Tower,</HI> that being &s;o divided they may be the weaker: Demoli&s;h the Lines of Communication, that the City and Parliament may lie open to Inva&s;ion when they plea&s;e, and fright many more Members from the Hou&s;es with threats, and fear of fal&s;e impeachments.</P>
<P>The 11. impeached Members, having leave by order of the Hou&s;e, and licen&s;e of the Speaker, &s;ome to go beyond Sea, and <HI>Anthony Nichols</HI> to go into his own Country to &s;ettle his Affairs; Some of them (as Sir <HI>William Waller,</HI> and M. <HI>Den: Hollis</HI>) were attacht upon the Sea, <HI>Nichols</HI> arre&s;ted upon the way into <HI>Corn|wall</HI> by the Army, and de&s;pightfully u&s;ed. And when the Gene|ral was inclined to free him, <HI>Cromwel</HI> (who&s;e malice is known to be as unquenchable as his No&s;e) told him <HI>he was a Traitor to the Army.</HI> You &s;ee now upon whom they meant to fix the <HI>peo|ples allegiance,</HI> (for where no <HI>allegiance</HI> is due, there can be no <HI>Trea&s;on</HI>) and to what purpo&s;e they have &s;ince by their 4 Votes (fir&s;t debated between the <HI>Independent Grandees</HI> of the Hou&s;es and Army) laid a&s;ide the King, and (as much as in them is) taken off our Allegiance from him.</P>
<P>Col. <HI>Birch</HI> formerly imployed for <HI>Ireland</HI> by the Parliament, was impri&s;oned, and his men mutinied again&s;t him by the Army, and Sir <HI>Sam. Luke</HI> re&s;ting quietly in his own hou&s;e, was there &s;ei|zed upon, and carried Pri&s;oner into the Army.</P>
<P>All the&s;e Acts of terror were but &s;o many &s;carecrowes &s;et up to fright more Presbyterians from the Hou&s;es, and make the Army ma&s;ters of their Votes.</P>
<P><NOTE PLACE="marg">38. Proceedings of both Hou&s;es under the power of the Army.</NOTE>I mu&s;t in the next place fall upon the Proceeding in both Hou|&s;es, acted under the power and influence of this all-in&s;laving, all-devouring Army, and their engaged party; to attain the know|ledge whereof, I have u&s;ed my utmo&s;t indu&s;try and intere&s;t with many my near friends, and kin&s;men &s;itting within tho&s;e Walls, heretofore (when <HI>Kings,</HI><NOTE PLACE="marg">39. Ordinance to Nul and Void all Acts pa&s;&s;ed in ab&s;ence of the 2 runaga|do Speakers.</NOTE> not <HI>Brewers</HI> and <HI>Draymen,</HI> were in pow|er) the walls of publick Liberty.</P>
<P>The Lords that &s;ate in ab&s;ence of the two Speakers (all but the Earl of <HI>Pembrook,</HI> who&s;e ea&s;ie di&s;po&s;ition made him fit for all companies) found it their &s;afe&s;t cour&s;e to forbear the Hou&s;e,
<PB N="47" REF="28"> leaving it to be po&s;&s;e&s;&s;ed by tho&s;e few Lords that went to, and en|gaged with the Army: which ingaged Lords &s;ent to the Commons for their concurrence to an Ordinance, <HI>To make all Acts, Orders, and Ordinances, pa&s;&s;ed from the</HI> 26, July, (when the tumult was up|on the Hou&s;es) <HI>to the</HI> 6 <HI>of</HI> Augu&s;t <HI>following</HI> (being the day of the fugitive Members return) <HI>Void and Null</HI> ab initio. This was five or &s;ix &s;everal days &s;everally and fully debated, as often put to the que&s;tion, and carried in the Negative every time; Yet the Lords &s;till renewed the &s;ame me&s;&s;age to them, beating back their Votes into their throats, and would not acquie&s;ce, but upon every denial put them again to roll the &s;ame &s;tone, contrary to the privileges of the Commons.</P>
<P>The chief Arguments u&s;ed by the engaged party were all groun|ded upon the Common places of fear and nece&s;&s;ity:<NOTE PLACE="marg">40. Menaces u&s;ed by the enga|ged party in the Hou&s;e.</NOTE> Mr. Solicitor threatning if they did not concur, the Lords were re&s;olved to vindicate the Honour of their Hou&s;e, and &s;it no more; they mu&s;t have recour&s;e to the power of the Sword; The longe&s;t Sword take all. <HI>That they were all engaged to live and die with the Army. They &s;hould have a &s;ad time of it. Ha&s;lerigge</HI> u&s;ed the like language, farther &s;aying, <HI>Some heads must flie off; and he feared, the Par|liament of</HI> England <HI>would not &s;ave the Kingdom of</HI> England, <HI>they mu&s;t look another way for &s;afety. They could not &s;atisfie the Ar|my but by declaring all void</HI> ab initio; <HI>and the Lords were &s;o far engaged, that no middle way would &s;erve.</HI> To this was an|&s;wered, <HI>That this was an appeal from the Parliament to the Ar|my.</HI> And when the&s;e and many more threats of as high nature were complained of, <HI>as de&s;tructive to the liberty and beings of Par|liaments,</HI> the Speaker would take no notice of it. Sir <HI>Henry Vane junior,</HI> Sir <HI>John Evelin junior, Prideaux, Gourdon, Mildmay, Thomas Scot, Cornelius Holland,</HI> and many more, u&s;ed the like threats.</P>
<P>Upon the la&s;t Negative (being the fifth or &s;ixth) the Speaker perceiving greater enforcements mu&s;t be u&s;ed) pulled a Letter out of his pocket,<NOTE PLACE="marg">41. A threatning Remon&s;trance from the Army to the Hou&s;e.</NOTE> <HI>From the General and General Council of the Ar|my</HI> (for that was now their &s;tile) pretending he then received it; But it was conceived he received it over night, with directions to conceal it, if the que&s;tion had pa&s;&s;ed the affirmative. It was ac|companied with a <HI>Remon&s;trance</HI> full of villanous language and
<PB N="48" REF="29"> <HI>threats</HI> again&s;t <HI>tho&s;e Members</HI> that &s;ate while the two Speakers were with the Army, calling them <HI>pretended Members,</HI> char|ging them (in general) with <HI>Trea&s;on, Treachery, and breach of Tru&s;t;</HI> and prote&s;ted, if they &s;hall pre&s;ume to &s;tir before they have cleared them&s;elve<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">, that they did not give their a&s;&s;ents to &s;uch and &s;uch Votes, they &s;hould &s;it at their peril, and he would take them as pri&s;oners of War, and try them at a Council of War.</P>
<P>What King of <HI>England</HI> ever offered &s;o great a violence to the fundamental Privileges of Parliament, as to deny them the Liberty of Voting <HI>I</HI> and <HI>No</HI> freely? Certainly the <HI>little finger</HI> of a <HI>Jack Cade,</HI> or a <HI>Wat Tyler,</HI> is far heavier than the <HI>loynes</HI> of any King.</P>
<P>Many Members were amazed at this Letter, and it was moved, <HI>That the Speaker &s;hould command all the Members to meet at the Hou&s;e the next day; and &s;hould declare, That they &s;hould be &s;ecured from danger: And that it might be ordered, That no more but the ordinary Guards &s;hould attend the hou&s;e.</HI> But the&s;e two motions were violently oppo&s;ed with vollies of threats, by the afore&s;aid Parties and others. And after more than two hours debate, the Speaker refu&s;ed to put any que&s;tion upon them, or any of them; and &s;o adjourned to the next mor|ning, leaving the <HI>Presbyterian Members</HI> to meet at their Pe|ril.</P>
<P>The next day being Friday, the 20. <HI>August,</HI> there was a very thin A&s;&s;embly in the Hou&s;e of Commons; the Hou&s;e having with &s;o much violence denyed protection to their Members the day before, made mo&s;t of the <HI>Presbyterian</HI> party ab&s;ent. Some went over to the <HI>Independent</HI> party: others &s;ate mute. At la&s;t a Com|mittee was appointed pre&s;ently to bring in an <HI>Ordinance of Ac|commodation;</HI> which was &s;uddenly done and pa&s;&s;ed, and is now printed at the latter end of the &s;aid menacing <HI>Remon&s;trance</HI> of the Army: a Child fit to wait upon &s;uch a Mother.</P>
<P><NOTE PLACE="marg">42. Debate in pa&s;|&s;ing the Ordi|nance of null and void.</NOTE>Thus was this <HI>Ordinance of null and void</HI> gotten (which hath been the cau&s;e of &s;o much danger and trouble to multitudes of people) by the Lords reiterated breaches upon the Privileges of the Hou&s;e of Commons; The engaged parties threats within dores: The Armies thundring Letters and Remon&s;trance, Their
<PB N="49" REF="29"> Guards upon their doors, and a Regiment or two of Hor&s;e in <HI>Hide Park,</HI> ready to make impre&s;&s;ions upon the Hou&s;e, in ca&s;e things had not gone to their minds: diver&s;e of who&s;e Comman|ders walking in the Hall, enquired often how things went: prote|&s;ting, <HI>they would pull them forth by the Ears if they did not give &s;peedy &s;atisfaction.</HI></P>
<P>Thus for the <HI>manner</HI> of pa&s;&s;ing that Ordinance.</P>
<P>The <HI>matter</HI> of Argument u&s;ed again&s;t it was (as far as I can hear) to the purpo&s;e following: It was alleged that the Force upon Mon|day, 26. <HI>July,</HI> ended that day, that the next day being Tue&s;day, the Hou&s;e met quietly, and adjourned: that upon Friday follow|ing, the Hou&s;es &s;ate quietly all day, and gave their Votes freely, and &s;o forward; the City having &s;ufficiently provided for their &s;e|curity, that the tran&s;ient force upon Monday, could have no in|fluence on the Hou&s;es for time to come.</P>
<P><HI>That the Supreme power of no Nation can avoid their own Acts by pretended force:</HI> this would make the Common people, the Jurors, and Judges, to que&s;tion all Acts done in Parliament, &s;ince one man can, and may judge of force as well as another: this were to bring the Records of the Hou&s;e into di&s;pute: <HI>Magna Charta</HI> was never gotten nor confirmed but by Force: Force was three-fold, <HI>upon one, or both Hou&s;es; or upon the King, in giving his Royal a&s;&s;ent;</HI> neither could plead it: the Parliament is pre&s;u|med to con&s;i&s;t of &s;uch men as dare lay down their lives for their Country.</P>
<P>When the King came with force to demand the 5. Members: When the City came down crying for ju&s;tice again&s;t the Earl of <HI>Stafford:</HI> When the Women came down crying for Peace: When the Reformadoes came down in a much more dangerous Tumult than this of the unarmed Apprentices; yet the Hou&s;es continued &s;itting and acting, and none of their Acts were nulli|fied.</P>
<P>That to make their Acts, Orders, and Ordinances void <HI>ab initio,</HI> would draw many thou&s;and men, who had acted under them, into danger of their lives and fortunes, who had no Au|thority to di&s;pute the validity of our Votes: we mu&s;t therefore give them power to di&s;pute our Acts hereafter upon matter of fact; for to tie men to unlimited and undi&s;putable obedience to
<PB N="50" REF="30"> our Votes, and yet to puni&s;h them for, obeying when&s;oever we &s;hall plea&s;e to declare our acts void, <HI>ab initio,</HI> is contrary to all rea|&s;on. If to act upon &s;uch Ordinances were criminal, it was more criminal in tho&s;e that made them. And who &s;hall be Judges of tho&s;e that made them? not the Members that went to the Army; They are parties pre-ingaged to live and die with the Army; and have approved the <HI>Armies Declaration,</HI> calling tho&s;e that &s;ate, <HI>a few Lords and Gentlemen, and no Parliament:</HI> They have joyned with a power out of the Hou&s;es to give a Law to, and put an en|gagement upon both Hou&s;es, a pre&s;ident never heard of before, of mo&s;t dangerous con&s;equence, it takes away the liberty of giving <HI>I</HI> and <HI>No</HI> freely, being the very life of Parliaments: If all done under an actual force be void, it it que&s;tionable whether all hath been done this four or five years be not void; and whether his Maje&s;ties Royal a&s;&s;ent to &s;ome good Bils pa&s;&s;ed this Parliament, may not be &s;aid to have been extorted by force. If the Kings partie prevail, they will declare this Parliament void, upon the ground your &s;elves have laid.<NOTE PLACE="marg"><HI>Fabian</HI>'s Hi|&s;tory.</NOTE> 1. <HI>Hen.</HI> 7. that King urged the Par|liament to make void <HI>ab initio,</HI> all Acts pa&s;&s;ed <HI>Rich.</HI> 3. which they refu&s;ed upon this ground, that then they &s;hould make all that had acted in obedience to them liable to puni&s;hment, only they repea|led tho&s;e Acts.</P>
<P>The debate upon this Ordinance <HI>of Null and Void,</HI> held from Monday, 9. of <HI>Aug.</HI> to the 20. <HI>Aug.</HI> (when it was pa&s;&s;ed) but not without &s;ome interloaping debates of &s;omething a different na|ture, yet all looking the &s;ame way; occa&s;ioned by <HI>Me&s;&s;ages</HI> from the Lords:<NOTE PLACE="marg">43. The Lords Me&s;&s;age to the Commons to approve the Declaration of the Army:</NOTE> Namely, once upon a Me&s;&s;age from them, The &s;aid <HI>Declaration</HI> from Sir <HI>Thomas Fairfax</HI> and his Army, con|cerning their <HI>advance to London</HI> was read and debated in gro&s;&s;e, whether the Commons &s;hould concur with the Lords in approving it? But almo&s;t all but the ingaged party and their pen&s;ioners di|&s;ta&s;ted it, it was laid by without any que&s;tion put, le&s;t it &s;hould prove dangerous to put a Negative upon their Ma&s;ters of the Ar|my. Yet many menaces (according to cu&s;tome) were u&s;ed by the engaged party to get it pa&s;&s;ed: <HI>Ha&s;lerigge</HI> affirming that tho&s;e Gentlemen that &s;ate and voted for a <HI>Committee of &s;afety,</HI> and the Kings comming to <HI>London,</HI><NOTE PLACE="marg">44. The Commit|tee of &s;afety.</NOTE> did drive on the de&s;ign of the <HI>City Prote&s;tation</HI> and <HI>Engagement.</HI> To which was an&s;wered, <HI>That the
<PB N="51" REF="30"> Committee of &s;afety was not then newly erected by tho&s;e which &s;ate, but of the old Committee, revived by that Vote, which had been long &s;ince erected in a full and free Parliament, when the Army fir&s;t mu|tined, and threatned to march to</HI> London, <HI>and for the &s;ame ends, de|fence of Parliament and City; and for the Kings coming to</HI> London, <HI>it was Voted onely to get him out of the power of the Army; as for|merly in a full and free Parliament he had been Voted to</HI> Richmond <HI>for the &s;ame rea&s;on.</HI></P>
<P>Upon another Me&s;&s;age from the Lords,<NOTE PLACE="marg">45. A Committee to Examine the Tumult.</NOTE> the Commons concur|red in an Ordinance to erect a Committee of Examination, to in|quire into, and examine the <HI>City Petition, Engagement, and the force upon the Hou&s;es</HI> 26. <HI>July,</HI> &amp; all endeavours to rai&s;e any forces, &amp;c. This Committee con&s;i&s;ted of 22. Commons be&s;ides Lords, almo&s;t all of them Members engaged with the Army: but becau&s;e there were &s;ome three or four Presbyterians gotten in among&s;t them, to &s;hut the&s;e <HI>Canaanites</HI> forth, that the Godly,<NOTE PLACE="marg">46. A Sub-com|mittee of &s;e|crecy &s;elected to examine the Tumult.</NOTE> the true &s;eed of <HI>I&s;rael</HI> might &s;huffle the cards according to their own mind, the 13. <HI>Augu&s;t</HI> after (upon another Me&s;&s;age from the Lords) there was a Sub-Committee of Secrecy, named out of this Grand Com|mittee of Examinations, to examine upon Oath; the per&s;ons were, the Earl of <HI>Denbigh,</HI> and <HI>Mulgrave,</HI> Lord <HI>Gray</HI> of <HI>Wark,</HI> Lord <HI>Howard</HI> of <HI>E&s;crig,</HI> Sir <HI>Arthur Ha&s;lerigge,</HI> Mr. Solicitor, <HI>Gour|don, Miles Corbet,</HI> Alderman <HI>Penington, Allen, Edwards,</HI> Col. <HI>Ven,</HI> or any three of them; all per&s;ons engaged to live and die with the Army, and now appointed to make a clande&s;tine &s;crutiny, and &s;earch into the lives and actions of the Presbyterian Party that &s;ate in Parliament doing their duty, when the engaged Party fled to the Army, and brought them up in ho&s;tile manner again&s;t them.</P>
<P>The unrea&s;onablene&s;s of this way of proceeding was much ur|ged, and farther alleged,<NOTE PLACE="marg">47. Debate upon pa&s;&s;ing the Committee of Secret exami|nations</NOTE> that <HI>it was neither con&s;onant to the cu&s;tomes of the Hou&s;e, nor unto common rea&s;on,</HI> that <HI>a Sub-commit|tee &s;hould be cho&s;en out of the Grand Committee of Examinations, with more power then the Grand Committee it &s;elf had, and ex|cluding the re&s;t of the Committee, under the pretence of Secrecie;</HI> Be&s;ides, <HI>it was again&s;t the privilege of the Hou&s;e of Commons, that the Lords &s;hould nominate the Commons in that Sub-commit|tee as well as their own Members. But the Independent Gran|dees</HI>
<PB N="52" REF="31"> would have it pa&s;s. Breach of Privilege and all other con&s;i|derations are ea&s;ily &s;wallowed when they are &s;ub&s;ervient to their pre&s;ent de&s;igns.</P>
<P><NOTE PLACE="marg">48. The manner of pro&s;ecution &amp; proceeding upon the Tu|mult.</NOTE>The party engaged were re&s;olved to be <HI>Examiners, Informers,</HI> and <HI>Witne&s;&s;es,</HI> as well as <HI>Parties;</HI> (&s;o active was their malice) and had &s;o well packed their Cards, that eight or nine Schi&s;matical Lords engaged likewi&s;e with them, and the Army &s;hould be Judges of the Presbyterian Party that &s;ate in ab&s;ence of the two Speakers, the better to give the two Hou&s;es a through Purge, and make them of the &s;ame complexion with the Army: without which they had no hopes to divide the power and profit of the Land between them&s;elves by 10000 l. 20000 l. in a morning &s;ha|red among&s;t the Godly; and to make the whole Kingdom to be <HI>Gibeonites,</HI> hewers of wood, and drawers of water to the faith|full.</P>
<P><NOTE PLACE="marg">49. <HI>Miles Corbet</HI> makes report of Examinati|ons taken at the Clo&s;e Committee Fir&s;t, again&s;t the Commit|tee of Safety.</NOTE>In order to the playing of this game, <HI>Miles Corbet</HI> (Interpre|ter to the <HI>State-puppet play</HI> behind the curtain, commonly called <HI>The Clo&s;e Committee of Examinations</HI>) upon the 3. <HI>September,</HI> &s;tood up and began his Report from that Inqui&s;ition, &s;aying, <HI>He would begin with the Committee of Safety, wherein many Members were concerned, and it was nece&s;&s;ary to purge the Hou&s;es first.</HI> But further &s;aid, <HI>he would &s;uppre&s;s the names of many of his Witne&s;&s;es, becau&s;e the Depo&s;itions he &s;hould report were but preparatory Ex|aminations, and it would be for &s;ervice of the State to conceal their names.</HI></P>
<P>He fir&s;t produced many Warrants &s;igned at the <HI>Committee of Safety</HI> by the Earls of <HI>Pembroke, Suffolk, Middle&s;ex, Lincoln,</HI> Lord <HI>Willoughby</HI> of <HI>Parham, Maynard,</HI> Mr. <HI>Hollis,</HI> Sir <HI>Phi. Staple|ton,</HI> Sir <HI>Will. Waller,</HI> Mr. <HI>Long,</HI> Mr. <HI>Nichols,</HI> Sir <HI>William Lewis,</HI> Mr. <HI>Baynton.</HI></P>
<P><NOTE PLACE="marg">Again&s;t Ma&s;ter <HI>Baynton.</HI></NOTE>Next, <HI>Corbet</HI> reported, <HI>he had a Witne&s;s who depo&s;ed that a Gentleman with a Red head had &s;igned many Warrants, &s;uppo&s;ed to be</HI> Ma&s;ter <HI>Edward Baynton;</HI> at length after much wyer-drawing of the bu&s;ine&s;s, one Warrant was &s;hewn to Ma&s;ter <HI>Baynton,</HI> which he confe&s;&s;ed to be his hand. And pre&s;ently <HI>Ha&s;lerig</HI> moved that Ma&s;ter <HI>Baynton</HI> might forthwith An&s;wer; again&s;t which was ob|jected, <HI>That &s;ince the&s;e were but preparatory Examinations, not legal proofs, no man was bound to An&s;wer them; otherwi&s;e a man
<PB N="53" REF="31"> &s;hall be but to as many &s;everal an&s;wers as &s;everal new matters of Charge come in against him, and &s;hall day by day be liable to new vexations, and never know when he hath cleared him&s;elf.</HI> But <HI>Corbet</HI> (who of an examiner was now become the Kings Solicitor, or Advocate Criminal) moved to proceed to Judgement again&s;t him: but fir&s;t to aske him &s;ome preparatory que&s;tions. But it was an&s;wered, that it was illegal to &s;quee&s;e examinations out of a mans own mouth; neither was a man bound to an&s;wer, where his words may condemn, but not ab&s;olve him: for &s;o much as depends upon the te&s;timony of Witne&s;&s;es again&s;t this Gentle|man, you cannot proceed unle&s;s he be by, and have liberty to put cro&s;s que&s;tions to the Witne&s;&s;es. It is alleged, Warrants were &s;igned, and all done in relation to a new War. It is an&s;wered, it was done in order to Self-defence (allowed by the Laws.) Long before this occa&s;ion, when the Army fir&s;t mutinied and threat|ned to march up to <HI>London,</HI> and u&s;e &s;uch extraordinary means again&s;t the <HI>Parliament and City</HI> as God had put into their hands, you then in a full and free Parliament appointed a Com|mittee of Safety for your defence, who &s;ate and acted. This Com|mittee was but the &s;ame revived, and upon the like or wor&s;e threats and menaces, as by the many printed papers from the Ar|my will appear; you have no Te&s;timony again&s;t this Gentleman by name, but only a character of his Hair: and for &s;igning the Warrant confe&s;&s;ed by him&s;elf he is acquitted by the <HI>Provi&s;o</HI> of the Ordinance 20 <HI>Augu&s;t</HI> la&s;t, which excepted only &s;uch as acted upon the force; but when the Committee of Safety was revived, the Parliament was freer from force than it is now. Mr. <HI>Baynton</HI> not|with&s;tanding, was adjudged to be &s;u&s;pended the Hou&s;e during plea&s;ure of the Hou&s;e, which is as much as to &s;ay, <HI>So long as the Ty|ranny of this Domineering Faction la&s;teth.</HI></P>
<P>The 4 of <HI>Sept. Corbet</HI> reported he had a Witne&s;s (but named him not,<NOTE PLACE="marg">Again&s;t Mr. <HI>Walker.</HI></NOTE> becau&s;e they were but preparatory examinations) who depo&s;ed, that an elderly Gentleman, of low &s;tature, in a Gray &s;uit, with a little &s;tick in his hand, came forth of the Hou&s;e into the Lobby when the tumult was at the Parliament door, and whi&s;pered &s;ome of the Apprentices in the ear, and encouraged them, (&s;uppo&s;ed to be Mr. <HI>Walker.</HI>) Mr. <HI>Walker</HI> denyed he &s;pake then with any man in the <HI>Lobby,</HI> or &s;aw any face that he knew
<PB N="54" REF="32"> there; and &s;o neglected the bu&s;ine&s;s as a thing not con&s;iderable. But the next day <HI>Corbet</HI> moved that Mr. <HI>Walker</HI> might be ordered to put on his Gray &s;uit again, and appear before the Clo&s;e Com|mittee, and the Witne&s;s, who &s;aith, <HI>he knoweth him again if he &s;ee him.</HI> I hear Mr. <HI>Walker</HI> de&s;ired to know (&s;eeing the Witne&s;s had not named him) by what Authority the examiners &s;hould take &s;uch a Depo&s;ition, and make application thereof to him; And &s;eeing there were many Gentlemen in the Hou&s;e that day with whom that Character agreed as well as with him&s;elf, why the Reporter did not move that all to whom that Character was appliable might be put to that te&s;t as well as him&s;elf, but &s;ingle him out for a mark to &s;hoot at; complaining, that he was not ignorant out of what quiver this Arrow came: he had been threatned with a revenge by &s;ome of that Clo&s;e Committee, and had other Enemies among&s;t them, that could bite without bark|ing. He told them that ye&s;terday Mr. <HI>Corbet</HI> reported that the &s;uppo&s;ed old man whi&s;pered, &amp;c. but de&s;ired tho&s;e that were then in the Hou&s;e to call to mind that the noi&s;e was then &s;o great in the <HI>Lobby,</HI> that no whi&s;per, nay the loude&s;t words he was able to &s;peak could not be heard. Then <HI>Corbet</HI> changed his Tale, &s;ay|ing, the words were, <HI>What you do, do quickly;</HI> and were &s;poken aloud; and &s;aid the Character agreed be&s;t with Mr. <HI>Walker,</HI> for that the Deponent &s;aid, the Gentleman was a Lean meager man.</P>
<P>Here Mr. <HI>Walker</HI> de&s;ired the Hou&s;e to take notice, that the Reporter had twice varied his Report. 1 In the words &s;poken, from a <HI>whi&s;per</HI> to <HI>loud &s;peaking.</HI> 2 In the Character inlarged with the words <HI>lean and meager.</HI> Here is haile-&s;hot provided, if one mi&s;s the other mu&s;t hit; Yet with this addition, there were di|vers in the Hou&s;e with whom the Character agreed as wel as with him&s;elf. And by the incivility of his words, it &s;hould &s;eem the Witne&s;s is a man of no breeding; wherefore he de&s;ired to hear his <HI>name,</HI> that he might inquire of his credit and repute. If the Reporter thinks he may be practi&s;ed, he doth not think him a man of hone&s;ty, and then he had more cau&s;e to &s;u&s;pect him. He farther complained, that to make Hue and Cry after him (as it were upon fre&s;h &s;ute) upon a Character of his per&s;on and cloaths five or &s;ix weeks after the &s;uppo&s;ed fact (he never having ab&s;en|ted
<PB N="55" REF="32"> him&s;elf one day from the Hou&s;e) &s;avoured too much of a par|ty over&s;wayed with malice and revenge.</P>
<P>Your Clo&s;e Committee of Examination carry on bu&s;ine&s;&s;es &s;o in the dark (being parties engaged with the Army, and not &s;worn to be true in their office) that no man can &s;ee how to defend him|&s;elf, or how he is dealt with, or when he is free from trouble and danger. It &s;eems we are here called <HI>ex tempore</HI> to an&s;wer for our lives, <HI>ore tenus;</HI> and our Accu&s;ation beginneth with the Exa|mination of our per&s;ons, to make us &s;tate a Charge again&s;t our &s;elves, to betray our &s;elves, and cut our own throats with our tongues, contrary to <HI>Magna Charta, the Petition of Right,</HI> and all tho&s;e Laws of God and Man, which in the Kings time were in u&s;e; and no Witne&s;&s;es are produced, nor &s;o much as named: me|thinks therefore we are compelled to play at <HI>blind-man bough</HI> for our lives, not &s;eeing who &s;trikes us. You have the mo&s;t &s;ummary way of hanging one another that ever I &s;aw; it is a kind of <HI>Star|chamber</HI> proceeding in matter of life and death; your &s;ecret Exa|minations &s;avours &s;o much of the <HI>Spani&s;h inqui&s;ition,</HI> and of the <HI>Council of troubles</HI> erected by the Duke <HI>d' Alva</HI> in the <HI>Low-coun|tries</HI> (called <HI>Con&s;ilium Sanguinis</HI>) that they can never agree with the <HI>Laws and Nature of our Nation:</HI> if our Kings &s;hall imitate you hereafter, they will be the greate&s;t Tyrants in the World. Forma|lities and Privileges of Court, derogating from the common Rules of Law, and practice of the Land, are but curtains drawn before oppre&s;&s;ion and tyranny to dazle mens eyes. Give me leave to tell you, that I have &s;erved you faithfully from the beginning, and have taken as much pains, and run as many hazards, as mo&s;t men in your &s;ervice, wherein I have lo&s;t my health, and above 7000 l. of my E&s;tate, without one penny compen&s;ation, as other men have had; nor have I laid my hand upon any mans money or goods, or had any gainfull imployment from you; I contented my &s;elf to &s;erve my Country <HI>gratis,</HI> and with &s;ome little honour I had gotten thereby, whereof you have now robbed me, by a roaving Accu&s;ation &s;hot at random at me. Had I cheated the State of 40000 l. or 50000 l. peradventure I might have been thought a Godly, confiding man, of right principles, and have had 10000 l. given me for my pains. <HI>Sir,</HI> You have heard the voice of a Free-man (not of a &s;lave) that dares keep his fir&s;t Principles,
<PB N="56" REF="33"> Religion, Laws, and ju&s;t liberties, who&s;oever lays them a&s;ide&punc; and prote&s;t again&s;t Tyranny and oppre&s;&s;ion, where&s;oever he finds it, whether in the Government of <HI>one</HI> or <HI>many.</HI> You may mur|der me by the Sword of Ju&s;tice, but you cannot hurt me: but de|liver me from the evils to come. Nor &s;hall I be unwilling to &s;uffer a Gaol-delivery of my Soul from the pri&s;on of my body when I am called to it.</P>
<P>When Mr. <HI>Walker</HI> had done his defence, the debate followed much to this purpo&s;e, <HI>That to order him to appear in his Gray &s;uit before the Clo&s;e Committee and Witne&s;s was illegal, and again&s;t the Laws and Liberties of the Subject.</HI></P>
<P N="1">1. <HI>It is to help another to accu&s;e him&s;elf; which is all one as if he did accu&s;e him&s;elf.</HI></P>
<P N="2">2. <HI>To bid a Witne&s;s look upon a man</HI> (after he is engaged to name &s;ome body) <HI>is to prompt him to go no farther than the party &s;hewed.</HI></P>
<P N="3">3. <HI>A Witne&s;s ought not to be twice examined again&s;t a man,</HI> that is, <HI>to draw him on by degrees to &s;wear home, and to mend in his &s;econd Depo&s;ition what fell &s;hort in his fir&s;t.</HI></P>
<P N="4">4. <HI>If the Witne&s;s depo&s;e to the matter, not naming the party, and five or &s;ix weeks after declare the Per&s;on without Oath, this is no Depo&s;ition, and if the Oath be renewed, the Witne&s;s is twice exami|ned:</HI> So the bu&s;ine&s;s was laid by, and <HI>Corbet</HI> allowed to &s;hew Mr. <HI>Walker</HI> ca&s;ually as he could meet with him to his Witne&s;s, which was (in a manner) to draw dry-foot after him with his blond-hound.</P>
<P>I was the more curious in gathering the circum&s;tances of this bu&s;ine&s;s out of the reports of many &s;everal men, in regard of the rarene&s;s of the ca&s;e, and the exqui&s;itne&s;s of the malice with which it was pro&s;ecuted. And it &s;eemed to me the more admira|ble, becau&s;e I hear generally that Mr. <HI>Walker</HI> hath always been oppo&s;ite to all parties and factions, both <HI>Presbyterian</HI> and <HI>Inde|pendent,</HI> upon whom he looks as the common di&s;turbers both of Church and Commonwealth, and enemies of peace. Nor could he ever be per&s;waded to be at any of their <HI>Junto's</HI> or &s;ecret mee|tings; and therefore it is not probable he &s;hould &s;uddenly and in the open view of the Hou&s;e go forth and engage with a company of &s;illy unarmed Apprentice Boys. But I hear they cannot en|dure his &s;everity, nor he their knavery. What will not the malice
<PB N="57" REF="33"> of a de&s;perate Anabati&s;tical faction attempt? they have long &s;por|ted in the blood and trea&s;ure of the Land, as the <HI>Leviathan</HI> doth in the Waters; and do now keep up a numerous Army to carry on tho&s;e de&s;igns by force, which they can no longer make good by fraud. All <HI>England</HI> is become as <HI>Mun&s;ter</HI> was, and our <HI>Grandees</HI> &s;uitable to <HI>John of Leyden</HI> and <HI>Knipperdoling.</HI></P>
<P>The next report <HI>Corbet</HI> made concerning Mr. Recorder <HI>Glyn.</HI><NOTE PLACE="marg">Again&s;t Mr. Recorder <HI>Glyn.</HI></NOTE> The chief things objected were, <HI>That he had frequented the Com|mon Council, the Committees of the Militia, and Safety, more than he was want to do: That he was &s;ilent and made no oppo&s;ition; and that he gave thanks to the Apprentices when they delivered their Petition to the City, offering their help for defence thereof again&s;t whom&s;oever.</HI></P>
<P>The Recorder an&s;wered, <HI>The Charge was long, and his Memory &s;hort: He de&s;ired time to examine his memory, concerning the circum|&s;tances of time, place, per&s;ons and other matters; and that he might examine Witne&s;&s;es for clearing his innocency.</HI> But his pro&s;ecutors (hoping to do more good upon him by way of Surprize, than in a deliberate and legal way of proceeding) put him upon it to an|&s;wer <HI>ex tempore.</HI> He confe&s;&s;ed and avoided &s;ome things, but de|nied the mo&s;t material. He denied he was more frequent at their meetings than ordinary. For his &s;ilence, he alleged, he was but the Cities &s;ervant, and had no voice among&s;t them, but when his opinion was demanded: That he gave thanks to the Apprentices as a &s;ervant by command, yet had mixed &s;ome admonitions and re|prehen&s;ions in his Speech to them.</P>
<P>So the Recorder withdrew. And pre&s;ently <HI>Ha&s;lerig</HI> (according to his cu&s;tom) moved judgment might be given again&s;t him. To which was an&s;wered, that the Recorder denied the principal parts of his Charge; and offered proofs by Witne&s;&s;es: you mu&s;t give him that leave, or take all parts of his &s;peech for granted; as well that makes for him, as again&s;t him. Two or three days more will make this bu&s;ine&s;s ripe for judgment: let him have one judgment for all. If you judge him now to be expelled the Hou&s;e, he is already fore judged, and that will be a leading ca&s;e to a farther judgment: for who dares acquit where you have con|demned? A man ought to be but once judged upon one accu&s;a|tion. The di&s;honour of expul&s;ion is a puni&s;hment exceeding
<PB N="58" REF="34"> death. If you judge now upon one part of the Accu&s;ation, and hereafter upon another part of the Accu&s;ation, he will be twice condemned upon one Accu&s;ation, and &s;hall never know when he hath &s;ati fied the Law, an endle&s;s vexation.</P>
<P>Yet <HI>Ha&s;lerig</HI> moved he might receive judgment now, for what was already proved or confe&s;&s;ed, to be expelled the Hou&s;e, (&s;ay|ing, <HI>The Lords went on without ob&s;truction in their bu&s;ine&s;&s;es, be|cau&s;e they had purged their Hou&s;e</HI>) and that he might be farther impeached hereafter upon farther hearing. So he was adjudged to be di&s;charged the Hou&s;e, committed to the Tower, and farther im|peached hereafter.</P>
<P><NOTE PLACE="marg">Again&s;t S <HI>John Maynard.</HI></NOTE>Sir <HI>John Maynnrd</HI> the &s;ame day was called to An&s;wer. He de&s;i|red a copy of his Charge, with leave to An&s;wer in writing by ad|vice of Coun&s;el, as the 11. Members formerly did; to examine Witne&s;&s;es on his part, and cro&s;s examine their Witne&s;&s;es. But the&s;e reque&s;ts were denied, and he commanded to An&s;wer <HI>ex tem|pore.</HI> He gave no particular An&s;wer, but denied all in general: as Col. <HI>Pride</HI> (whom he cited for his pre&s;ident) had formerly done at their Bar. He was adjudged to be di&s;charged the Hou&s;e, com|mitted to the Tower, and farther impeached.</P>
<P>The like for Commi&s;&s;ary General <HI>Copley,</HI> who&s;e ca&s;e differed little.</P>
<P><NOTE PLACE="marg">Again&s;t the 7. Lords.</NOTE>The 8. of <HI>Sept.</HI> the Earls of <HI>Suffolk, Lincoln, Middle&s;ex,</HI> the Lords <HI>Berkley, Willioughby, Hun&s;don, and Maynard,</HI> were impeach|ed of High Trea&s;on in the name of the Commons of <HI>England, for leavying War again&s;t the King, Parliament, and Kingdom.</HI> The Earl of <HI>Pembroke</HI> (then &s;ent to <HI>Hampton Court</HI> with the Propo&s;i|tions on purpo&s;e to avoid the &s;torm) was omitted untill Wedne&s;|day following, and &s;o had the favour to be thought not worth re|membring.</P>
<P>Sir <HI>John Evelin</HI> the younger &s;ent up to the Lords with the <HI>Im|peachment,</HI> and a de&s;ire they might be committed. They were com|mitted to the <HI>Black Rod;</HI> and &s;o the engaged Lords had their Hou&s;e to them&s;elves according to their de&s;ires.</P>
<P><NOTE PLACE="marg">50. Schi&s;matical Petitions.</NOTE>The 14. <HI>Sept.</HI> A Petition from divers Schi&s;maticks in <HI>E&s;&s;ex</HI> came to the Hou&s;es, bearing this Title, <HI>To the Lords and Commons in Parliament a&s;&s;embled, di&s;tinct from the Lords and Commons that &s;ate in ab&s;ence of the two Speakers.</HI></P>
<PB N="59" REF="34">
<P>16. <HI>Sept.</HI> a Petition from divers Sectaries of <HI>Ox ford&s;hi. Bucks. Berk&s;h.</HI> was delivered to the Hou&s;e again&s;t divers Members &s;itting in the Hou&s;e, <HI>Enemies to God and Godline&s;s, Enemies to the King|dom, &amp;c. U&s;urpers of Parliamentary authority, who endeavoured to bring in the King upon his own Tearms.</HI> They de&s;ired <HI>a free Parliament, and that</HI> (according to the de&s;ires of the Army) <HI>tho&s;e that &s;ate when the Parliament was &s;u&s;pended in ab&s;ence of Tythes, &amp;c.</HI> in it. Such another Petition came but the day before from <HI>Southwark.</HI></P>
<P>The&s;e Petitions were all penned by the engaged party of the Hou&s;es and Army,<NOTE PLACE="marg">The aym of the&s;e Petiti|ons.</NOTE> and &s;ent abroad by Agitators to get &s;ub&s;cripti|ons. The de&s;ign was to put the two parties in the Hou&s;e into heights one again&s;t another, to make the le&s;&s;er party in the Hou&s;e (<HI>viz.</HI> the ingaged party, but 59.) to expel the greater party, being about 140. whereby the Hou&s;e might be low and ba&s;e in the opi|nion of the people, and no Parliament, and &s;o leave all to the power of the Sword. The Army dayly recruiting, and thereby giving hopes to all loo&s;e people, that the Army &s;hould be their common Receptacle, as the &s;ea is the common Receptacle of all waters, becau&s;e tho&s;e who had no hopes to be Members of Par|liament, might become Members of this Army. Be&s;ides their plau|&s;ible way of prompting the people to Petition again&s;t Tythes, En|clo&s;ures, and Copy-hold fines uncertain, was to encourage them to &s;ide with the Army again&s;t all the Nobility, Gentry, and Clergy of the Land, (from whom the Army did mo&s;t fear an oppo&s;ition) and to de&s;troy Monarchy it &s;elf; &s;ince it is impo&s;&s;ible for any Prince, to be a King only of Beggers, Tinkers, and Coblers.</P>
<P>But the&s;e interlopping di&s;cour&s;es omitted,<NOTE PLACE="marg">Again&s;t the Lord Major Aldermen and Citizens.</NOTE> let us again return to the&s;e prodigious Impeachments. The next in order comes in the Lord Mayor, Aldermen and Citizens, with whom &s;hort work was made. Impeachments were &s;ent to the Lords again&s;t them, and they &s;ent to the Tower upon a bare report of the Inqui&s;itor-general <HI>Corbet,</HI> and the reading of &s;ome depo&s;itions, the Witne&s;|&s;es names for the mo&s;t part concealed, and none of them &s;o much as called to the Commons Bar, to &s;ee what they could &s;ay for them&s;elves; contrary to <HI>Magna Charta,</HI> 29. <HI>ch.</HI> and contrary to 28. <HI>Edw.</HI> 3. enacting, <HI>That no man &s;hall be put out of his Land, &amp;c. nor taken, nor Impri&s;oned, &amp;c. or put to death, &amp;c. without being
<PB N="60" REF="35"> brought to an&s;wer by due proce&s;s of Law.</HI> That is, according to the <HI>Stat.</HI> 42. <HI>Ed.</HI> 3. <HI>c.</HI> 3. <HI>That no man be brought to an&s;wer without pre|&s;entment before Justices, or matter of Record, or by due proce&s;s, or writ o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">iginal according to the old Law of the Land:</HI> not according to new invented Articles of Impeachment, but according to tho&s;e Laws that were well known, and old in <HI>Edw.</HI> 3. time: See <HI>Stat.</HI> 37. <HI>Ed.</HI> 3. 1. <HI>Ed.</HI> 6. <HI>ch.</HI> 12. 6. <HI>Ed.</HI> 6. <HI>c.</HI> 11. and the <HI>Stat.</HI> 25. <HI>E.</HI> 3. &s;aith, <HI>No man &s;hall be taken by Petition or &s;ugge&s;tion made to the King or his Coun&s;el, &amp;c.</HI> and the Hou&s;e of Peers is no more but the Kings Coun&s;el, as anon I &s;hall make evident.</P>
<P><NOTE PLACE="marg">51. Arguments a|gain&s;t im|peachments before the Lords.</NOTE>It was moved by divers, that the&s;e Gent. might be tryed accor|ding to Law at the Kings Bench, by a Jury of twelve men <HI>de vicine|to,</HI> their Peers and Equals to judg of matter of fact: alleging that the Common Law was the Birthright of all the free People of <HI>England:</HI> which was one of the 3. Principles for which the Parlia|ment &s;o often declared in print that they fought, and for defence whereof they had entered into a covenant, <HI>with their hands lifted up to God:</HI> the other two principles were <HI>Religion</HI> and <HI>L<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">berties.</HI></P>
<P N="1">1. <HI>The Lords were not Peers to the Commoners: At the common Law they &s;hall have &s;worn Judges for matter of Law, of whom they may ask que&s;tions in doubtfull points, nor can they be Judges in their own ca&s;es.</HI></P>
<P N="2">2. <HI>They have &s;worn Jurors of the Neighbourhood for matter of fact, whom they may challenge.</HI></P>
<P N="3">3. <HI>The known Laws and Statutes for Rules to judg by, which in ca&s;e of Trea&s;on in the</HI> Stat. 25. Ed. 3. <HI>you cannot Vote nor declare a new Trea&s;on:</HI> And if you could, <HI>to do it</HI> Ex po&s;t facto, <HI>is contraty to all rules of ju&s;tice:</HI> The Apo&s;tle &s;aith, <HI>&s;in is a breach of a Command|ment</HI> (or Law) <HI>I had not known &s;in but by the Law:</HI> the Law therefore mu&s;t go before the Sin.</P>
<P N="4">4. At the Common Law, <HI>They have Witne&s;&s;es openly and newly examined upon Oath before the accu&s;ed's face, who may except again&s;t them and cro&s;s examine them.</HI></P>
<P N="5">5. <HI>Even in Star-chamber and Chancery</HI> (where only hearings are upon Te&s;timonies) <HI>the Examiners are &s;worn Officers.</HI></P>
<P N="6">6. <HI>A man hath but one Tryal and Judgment upon one accu&s;ation:</HI> &s;o that he knows when he hath &s;atisfied the Law.</P>
<P>In this way of proceeding, all the&s;e nece&s;&s;ary legalities are laid
<PB N="61" REF="35"> by; and the&s;e Gentlemen have not &s;o much fair play for their Lives and E&s;tates, as <HI>Naboth</HI> had for his Vineyard: he had all the formalities of the Law; yea, he had Law it &s;elf; yet he had not ju&s;tice, becau&s;e they were the &s;ons of <HI>Belial</HI> that were &s;et before him: what &s;hall we conceive the&s;e Witne&s;&s;es are that do not ap|pear? nay, who&s;e very names are concealed? yet <HI>Naboth</HI> was murdered by the &s;word of Ju&s;tice: for the honour of Parliaments give not the people cau&s;e to &s;u&s;pect the&s;e Gentlemen &s;hall be &s;o too: <HI>non recurrendum ad extraordinaria, quando fieri pote&s;t per or|dinaria.</HI></P>
<P>But all this was but to charm a deaf Adder:<NOTE PLACE="marg">52. Arguments proving the Lords to have no power of Judicature o|ver the Com|mons.</NOTE> the nine or ten engaged Lords that then po&s;&s;e&s;&s;ed the Hou&s;e, were thought to be fitter than a Jury of <HI>Middle&s;ex</HI> to make work for the hang-man, and yet they have <HI>no Judicature over the Commons,</HI> as appears by the Pre&s;ident of Sir <HI>Simon de Berisford, William Talboys,</HI> and the City of <HI>Cambridge.</HI> Note that one pre&s;ident again&s;t the Ju|ri&s;diction of a Court is more valued than a hundred for it: becau&s;e the Court cannot be &s;uppo&s;ed ignorant of the Law, and its own rights; but a particular man or Client may: &s;ee Sir <HI>John May|nard's Royal quarrel, and his Laws &s;ubver&s;ion,</HI> Lieutenant Col. <HI>Lilburn's Whip for the pre&s;ent Hou&s;e of Lords,</HI> and Judge <HI>Jenkins Remonstrance to the Lords and Commons of the two Hou&s;es of Par|liament,</HI> dated 21 <HI>Feb.</HI> 1647. As for the ca&s;es of <HI>We&s;ton, Gomenes,</HI> and <HI>Hall,</HI> (cited by Mr. <HI>Pryn</HI>) they were for facts done beyond Sea, and before the <HI>Stat.</HI> 1. <HI>Hen.</HI> 4. <HI>ch.</HI> 14. whereof the Common Law could then have no connu&s;ance, and therefore an extraordi|nary way of proceeding before the Lords was requi&s;it, and by the Kings &s;pecial authority it was done, without which (I dare bold|ly affirm) the Lords have no Judicature at all; which thus I make appear.</P>
<P N="1">1. The King by delivering the Great Seal to the Lord Keeper,<NOTE PLACE="marg">53. The Hou&s;e of Peers no Court of Judicature at all properly and <HI>per &s;e.</HI></NOTE> makes him <HI>Keeper of his con&s;cience</HI> for matter of equity; By His <HI>Brevia patentia</HI> to the <HI>Judges of the two Benehes and the Exchequer,</HI> the King makes them <HI>administrators and interpreters of his Laws:</HI> But he never tru&s;t any but him&s;elf with the power of pardoning and di&s;pen&s;ing with the rigor of the Law in Criminal ca&s;es. And though the Lord Keeper is Speaker of the Lords Hou&s;e of cour&s;e, yet he is no Member of the Lords Hou&s;e <HI>virtute Officii:</HI> the Jud|ges
<PB N="62" REF="36"> are not Members, but a&s;&s;i&s;tants only: &s;o that no man in the Hou&s;e of Peers, as he is &s;imply a Peer, is tru&s;ted by the King ei|ther with di&s;pen&s;ation of Law, or Equity.</P>
<P N="2">2. When a Peer of Parliament, or any man el&s;e is tried before the Lords in Parliament criminally, he cannot be tryed by his Peers only, becau&s;e in acts of judicature there mu&s;t be a Judge Su|perior, who mu&s;t have his inferiors mini&s;terial to him: therefore in the trial of the Earl of <HI>Strafford</HI> (as in all other trials upon life and death, in the Lords Hou&s;e) the King grants his Commi&s;&s;ion to a <HI>Lord high Steward</HI> to &s;it as Judge, and the re&s;t of the Lords are but in the nature of Jurors. So that it is the Kings Commi&s;&s;ion that Authori&s;eth and Di&s;tingui&s;heth them.</P>
<P N="3">3. When a Writ of Error i&s;&s;ueth out of the Chancery to the Hou&s;e of Peers, they derive their Authority meerly from that Writ.</P>
<P>For the three Rea&s;ons afore&s;aid, the Hou&s;e of Peers is no Court of Judicature, without the Kings &s;pecial Authority granted to them, either by his Writ, or his Commi&s;&s;ion; and the Lords by their four Votes having denied all further addre&s;s or application to the King, have cut off from them&s;elves that fountain from which they derived all their power; and all trials by Commi&s;&s;ion mu&s;t be upon Bills or Acts of Attainder, not by <HI>Articles of Impeach|ment,</HI> a way never heard of before this Parliament, and invented to carry on the de&s;igns of a re&s;tle&s;s impetuous faction: Had the Faction had but &s;o much wit as to try the Gentlemen by Commi&s;|&s;ion of <HI>Oyer&punc;</HI> and <HI>Terminer,</HI> before Sergeant <HI>Wild,</HI> he would have borrowed a point of Law to hang a hundred of them for his own preferment.</P>
<P>Ob&s;erve, that almo&s;t all the ca&s;es cited by Mr. <HI>Pryn</HI> concerning the Peers trials of Commi&s;&s;ioners were Authori&s;ed by the King upon the &s;pecial in&s;tance of the Hou&s;e of Commons; as for the Hou&s;e of Commons, they never pretended to any power of Judica|ture, and have not &s;o much Authority as to Admini&s;ter an Oath, which every Court of Pye-Poulders hath.</P>
<P><NOTE PLACE="marg">54. Blank Im|peachments dormant.</NOTE>But this way of tryal before the pre-ingaged Lords, and upon <HI>Articles of Impeachment,</HI> (which they keep by them of all &s;orts and &s;izes fit for every man, as in <HI>Birchin-lane</HI> they have &s;uits ready made to fit every body) was the apter means to bring
<PB N="63" REF="36"> men to death, whom they feared living, had not a doubt of the Scots comming in taught them more moderation than their na|ture is u&s;ually acquainted with; and to fright away, (at lea&s;t) put to &s;ilence the re&s;t of the Members with fear of having their names put in blank Impeachments; and that it might be &s;o apprehended, <HI>Miles Corbet</HI> moved openly in the Hou&s;e of Commons that they &s;hould proceed with the Impeachments which were ready, no|thing wanted but to fill up the Blanks, they might put in what names they plea&s;ed. This Inqui&s;itor General, this Prologue to the Hang-man, that looks more like a Hang-man than the Hang-man him&s;elf, hath &s;ince gotten a rich office of <HI>Regi&s;ter of the Chancery,</HI> as a reward for his double diligence: Oh Sergeant <HI>Wild</HI> and Mr. <HI>Steel</HI> de&s;pair not of a reward.</P>
<P>Friday 27 <HI>Sep.t</HI> the advice of Sir <HI>Thomas Fairfax</HI> and his Coun|cil of War was read in the Hou&s;e of Commons,<NOTE PLACE="marg">55. E&s;tabli&s;hment for the Army.</NOTE> What &s;tanding forces they ought to keep up in <HI>England</HI> and <HI>Wales,</HI> and what Garri&s;ons; al&s;o what forces to &s;end for <HI>Ireland;</HI> namely, for <HI>Ireland,</HI> 6000 foot, and 2400 hor&s;e, out of the &s;upernumerary loo&s;e forces, being no part of the Army; and for <HI>England,</HI> upon e&s;tabli&s;hed pay 18000 foot at 8 d. <HI>per diem.</HI> 7200 hor&s;e at 2 s. <HI>per diem</HI> each Trooper, 1000 Dragoons, and 200 Fire locks, Train of Artillery, Arms and Ammunition, to be &s;upplied. The foot to be kept in Garri&s;ons, yet &s;o that 6000 may be readily drawn into the Field&punc;</P>
<P>The Independent party argued, that the Army were unwil|ling to go for <HI>Ireland,</HI> pretending their engagement to the con|trary; If you divide or disband any part of your Army, they will &s;u&s;pect you have taken up your old re&s;olution again&s;t them, to disband the whole Army: it is now no time to di&s;content them, when the Kings An&s;wers to your Propo&s;itions tend to divide you and your Army, and the people are generally di&s;affected to you.</P>
<P>The Presbyterian Party argued, that the engagement of the Army ought to be no rule to the Coun&s;els of the Parliament; o|therwi&s;e new engagements every day may pre&s;cribe the Parlia|ment new Rules; we mu&s;t look two wayes. 1 Upon the people unable to bear the burthen. 2. Upon the Army. Let us keep &s;ome power in our own hands, and not de&s;cend &s;o far below
<PB N="64" REF="37"> the dignity of a Parliament, as to put all into the hands of the General and his Council of War. You have almo&s;t given away all already. The Army advi&s;eth you to keep up your Garri&s;ons, then upon mature deliberation this Hou&s;e formerly Voted: you have already made Garri&s;ons manned with gallant and faithfull men, to whom you owe Arrears; to remove them, and place new Souldiers in their rooms, will neither plea&s;e them, nor the pla|ces whe<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e they are quartered, who being acquainted with their old gue&s;ts, will not willingly receive new in their rooms. The&s;e men have done you as good and faithfull &s;ervice as any in the Ar|my; and were ready to obey you and go for <HI>Ireland,</HI> had they not been hindered by tho&s;e, who under pretence of an engagement to the contrary (which they mutinou&s;ly entred into) will nei|ther obey you, nor go for <HI>Ireland,</HI> nor &s;uffer others to go. Though you di&s;charge the&s;e men without paying their Arrears, (which others of <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ther principles will not endure) yet give them good words. If you will be &s;erved by none, but &s;uch as are of your new principles; yet con&s;ider your Army are not all alike princi|pled. and peradventure the old principles may be as good as the new for publick, though not &s;o fit for private de&s;igns and purpo|&s;es. You have pa&s;&s;ed an Ordinance, <HI>That none that have born Arms against the Parliament &s;hall be imployed:</HI> if you disband all &s;uch, your Army will be very thin; many have entred into pay there in order to do the King &s;ervice, and bring the Parliament low. There is no rea&s;on you &s;hould keep up 1400 hor&s;e more than you la&s;t voted to keep up, being but 5800 at which time 60000 l. a Month was thought an e&s;tabli&s;hment &s;ufficient both for <HI>Eng|land</HI> and <HI>Ireland.</HI> But now the whole charge of <HI>England</HI> and <HI>Ire|land</HI> will amount to 114000 l. a month, which mu&s;t be rai&s;ed up|on the people, either directly and o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">enly by way of &s;e&s;&s;ement, or indirectly and clo&s;ely, partly by &s;e&s;&s;ements, &amp; partly by free-quar|ter &amp; other devices: nor will the pay of 2 s. <HI>per diem</HI> to each Troo|per, and 8 d. to each foot Souldier enable them to pay their quar|ters. If you mean to govern by the Sword, your Army is too lit|tle: if by the Laws and ju&s;tice of the Land, and love of the peo|ple, your Army is too great: you can never pay them, which will occa&s;ion mutinies in the Army and ruine to the Country. Thus di&s;puted the Presbyterians, but to no purpo&s;e, it was carried a|gain&s;t them.</P>
<PB N="65" REF="37">
<P>Ob&s;erve that when the War was at the highe&s;t, the monthly tax came but to 54000 l. yet had we then the Earl of <HI>E&s;&s;ex's</HI> Army, Sir <HI>William Waller</HI>'s, My Lord of <HI>Denbigh</HI>'s, M. Gen. <HI>Poyntz</HI>'s, M. Gen. <HI>Ma&s;&s;ey</HI>'s, Maj. Gen. <HI>Laughorn</HI>'s, Sir <HI>William Brereton</HI>'s, Sir <HI>Th. Middleton</HI>'s Brigades, and other forces in the field, be&s;ides Garri&s;ons.</P>
<P>But now this Army hath 60000 l. a month,<NOTE PLACE="marg">56. Monthly taxes.</NOTE> and 20000 l. a month more pretended for <HI>Ireland;</HI> which running all through the fin|gers of the Committee of the Army,</P>
<P>That Kingdom (which is purpo&s;ely kept in a <HI>&s;tarving condition</HI> to break the Lo. <HI>Inchequins</HI> Army,<NOTE PLACE="marg">57. Ireland why kept in a &s;tar|ving conditi|on.</NOTE> that <HI>Ireland</HI> may be a <HI>receptacle for the Saints,</HI> again&s;t <HI>England</HI> &s;pews them forth) hath nothing but the envy of it, the &s;ole benefit going to this Army. This 20000 l. a month being a &s;ecret unknown to the common Souldiers, the <HI>Grandees of the Army</HI> put it in their own pur&s;es.</P>
<P>Moreover, this Army hath &s;till a kind of free quarter, (under colour of lodging, fire and candle,) for who &s;ees not that the&s;e ma&s;terle&s;s gue&s;ts upon that intere&s;t continued in our hou&s;es, do and will become Ma&s;ters of all the re&s;t? and who dares ask money for quarter of them, or accept it when it is colourably offered, without fear of farther harm? be&s;ides, the Army, (who&s;e reque&s;ts are now become Commands) demanded that they might have the leavying of this Tax, and that their accounts might be audited at the Head-quarters; and though the Officers of this Army (to catch the peoples affections) encouraged them often to Pe|tion the Hou&s;es again&s;t Free-quarter, pretending they would forbear it, after an e&s;tabli&s;hment &s;etled upon them; the u&s;e their party in the Hou&s;e made of the&s;e Petitions, was to move for an Addition of 20000 l. or 30000 l. a month, and then they &s;hould pay their quarters, lodging, fire and candle, nay &s;table-room too excepted.</P>
<P>Here it is not ami&s;s to in&s;ert a word or two of this villanous oppre&s;&s;ion, Free-quarter;<NOTE PLACE="marg">58. Free-quarter.</NOTE> whereby we are reduced to the con|dition of conquered Slaves, no man being Ma&s;ter of his own Fa|mily, but living like Bond-&s;laves in their own Hou&s;es, under the&s;e <HI>Aegyptian Task-ma&s;ters,</HI> who are &s;pies and intelligencers upon our words and deeds, &s;o that every mans table is become a &s;nare to him. In the third year of King CHARLS, the Lords
<PB N="66" REF="38"> and Commons in their Petition of Right (when not above 2000. or 3000. Souldiers were thinly quartered upon the people but for a month or two) complained thereof to his Maje&s;ty as a great grievance, contrary to the Laws and Cu&s;tomes 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 &s;o burchened in time to come, which his Maje&s;ty graciou&s;ly granted. Yet now we are ten thou|&s;and times more oppre&s;&s;ed with them, and if the&s;e quarterers of|fer violence or villanous u&s;age to any man in his hou&s;e or family, or commit murder or felony, they are protected again&s;t the Laws and Ju&s;tice of the Land, and <HI>Triable only by a Council of War</HI> at the Head-quarters, where a man can neither obtain ju&s;tice, nor &s;eek it with &s;afety.<NOTE PLACE="marg">59. Martial Law.</NOTE> So that we live under the burthen of a perpetual Army of 30000. or 40000. men, exempt from all but Martial Law, which frequently oppre&s;&s;eth, &s;eldom righteth any man: witne&s;s <HI>Oliver Cromwel</HI>'s taking of <HI>Tomp&s;on</HI> (being no Souldier) from the Hou&s;e of Commons door with Souldiers, impri&s;oning and condemning him at a Council of War, where he &s;ate Judg in his own cau&s;e, there being a quarrel between them; yet it was held Trea&s;on in the Earl of <HI>Strafford,</HI> to condemn the Lord of <HI>Valentia</HI> &s;o, being a Member of his Army, becau&s;e it was in time of Peace, as this was. Many other examples we have of the like nature, and of this Army, enough to per&s;wade us, that the&s;e <HI>vin|dicative Saints</HI> will not govern by the known Laws of the Land, (for which they have made us &s;pend our money and blood) but by Martial Law, and Committee Law, grounded upon Arbitrary Ordinances of Parliament, which them&s;elves in the fir&s;t part of <HI>exact Collections,</HI> p. 727. confe&s;s, are not laws without the Royal a&s;&s;ent.</P>
<P>This Army hath been dayly recruited without any Authority, far beyond the &s;aid number or pay e&s;tabli&s;hed; the &s;upernume|raries living upon free-quarter; and when complaints have been made thereof in the Hou&s;e, the Army being quartered in &s;everal Brigades, &s;upernumeraries have been disbanded in one brigade, &amp; their Arms taken by their Officers,<NOTE PLACE="marg">60. Cheats put up|on the State.</NOTE> and &s;hortly after they have been li&s;ted again in another Brigade, and their Arms &s;old again to the State, after a while to new Arm them. And of this &s;ort
<PB N="67" REF="38"> were tho&s;e Arms which being found in a Magazin in Town by &s;ome Zealots, and rumoured to belong to the City for the arming of Reformado's, were upon examination found to belong to <HI>Oliver Cromwel:</HI> &s;o the bu&s;ine&s;s was buried in &s;ilence; for though the Kings over &s;ights mu&s;t be tragically publi&s;hed to the world, yet the haynous crimes of the godly mu&s;t lye hid under the mask of Religion.</P>
<P>And though they have u&s;ually taken free-quarter in one place,<NOTE PLACE="marg">61. Arrears &s;ecur'd although the State ows them nothing.</NOTE> and taken Compo&s;ition money for free-quarter in another place, &s;ome of them in two or three places at once 3 s. a day, &s;ome of them 5 s. for a Trooper, and 1 s a day, and 1 s. 6 d. for a foot &s;ouldier, whereby no arrears are due to them, but they owe money to the State, yet they have compelled the Hou&s;es to &s;ettle upon them for pretended Arrears.</P>
<P N="1">1. The moity of the Exci&s;e (that they may have the Souldiers help in leavying it; although to flatter the peope, the Army had formerly declared again&s;t the Exci&s;e.)</P>
<P N="2">2. The moity of <HI>Gold&s;miths-hall.</HI></P>
<P N="3">3. Remainder of Bi&s;hops Lands.</P>
<P N="4">4. The Cu&s;tomes of &s;ome Garri&s;ons.</P>
<P N="5">5. Forre&s;t Lands.</P>
<P>This Army brags <HI>They are the Saviours</HI> (nay Conquerours) <HI>of the Kingdom.</HI> Let them &s;ay when they &s;aved it, whether at the Fight at <HI>Nazeby,</HI> or taking in of <HI>Oxford,</HI> and we will pay them according to the then li&s;t. And for all the recuits taken in &s;ince the reducing of <HI>Oxford,</HI> it is fit they be disbanded without pay, having been taken in without, nay, again&s;t Authority, to drive on wicked de&s;igns, and enthrall King, Parliment, City, and King|dom.</P>
<P>24. <HI>Decemb.</HI> 1647. The two Hou&s;es by their Commi&s;&s;ioners pre&s;ented to the King (at <HI>Carisbrook-Ca&s;tle</HI>) 4.<NOTE PLACE="marg">62: 4. Dethroning Bils pre&s;ented to the King at <HI>Carisbrook Ca&s;tle.</HI></NOTE> Bills to be pa&s;&s;ed as Acts of Parliament, and divers Propo&s;itions to be a&s;&s;ented to. They are all printed, &s;o is his Maje&s;tis An&s;wers to them, wherefore I &s;hall need to &s;ay the le&s;s of them, only a word or two to two of the Bills.</P>
<P N="1">1. The Act for <HI>rai&s;ing, &s;etling,</HI><NOTE PLACE="marg">63. Acts for the Militia.</NOTE> <HI>and maintaining Forces by Sea and Land, within the Kingdoms of</HI> England <HI>and</HI> Ireland, Wales, <HI>&amp;c.</HI> (though it &s;eems to be but for 20. years) deve&s;ts the
<PB N="68" REF="39"> King, his Heirs, and Succe&s;&s;ors, of the power of the Militia for e|ver, without hope of recovery but by repealing the &s;aid Act, which will never be in his nor in their power: for,</P>
<P>Fir&s;t, it &s;aith, <HI>That neither the King, nor His Heirs, or Succe&s;|&s;ors, nor any other, &s;hall exerci&s;e any power over the Militia by land or &s;ea, but &s;uch as &s;hall Act by authority and approbation of the &s;aid Lords and Commons:</HI> That is, <HI>a Committee of State</HI> of twenty or thirty <HI>Grandees,</HI> to whom the two Hou&s;es &s;hall transfer this tru&s;t, being over-awed by the Army, (for the ground-work of this Committee was laid by the&s;e words, though the Committee be erected &s;ince.)</P>
<P>And Secondly, it prohibiteh the King, His Heirs and Succe&s;|&s;ors, &amp;c. after the expiration of the &s;aid 20. years, to exerci&s;e any of the &s;aid powers without the con&s;ent of the &s;aid Lords and Commons, and in all ca&s;es wherein the &s;aid Lords and Commons &s;hall declare the &s;afety of the Kingdom to be concerned after the &s;aid 20. years expired, and &s;hall pa&s;s any Bills for rai&s;ing, Arming, &amp;c. Forces by Land or Sea, or concerning Leavying of Money, &amp;c. if the Royal a&s;&s;ent to &s;uch Bills &s;hall not be given by &s;uch a time, &amp;c. then &s;uch Bills &s;o pa&s;&s;ed by the Lords and Commons &s;hall have the force of Acts of Parliament without the Royal a&s;&s;ent. Lo, here a foundation laid to make an <HI>Ordinance of both Hou&s;es</HI> equal to an <HI>Act of Parliament,</HI> &amp; take away the <HI>King's Negative Voice,</HI> if this be granted in one ca&s;e, it will be taken in another, and then the&s;e &s;ubverters of our Religion, Laws, and Liberties, will turn their u&s;urpations into a legal Tyran|ny.</P>
<P N="2">2. It gives an unlimited Power to the two Hou&s;es to rai&s;e what Forces and what numbers for Land and Sea, and of what per&s;ons (without exceptions) they plea&s;e, and to imploy them as they &s;hall judge fit.</P>
<P N="3">3. To rai&s;e what Money they plea&s;e for maintaining them, and in what &s;ort they think fit, out of any mans E&s;tate. This is a Tax far more Arbitrary and unlimited than Ship-money, and the more terrible becau&s;e it depends upon the will and plea&s;ure of a multitude; who to &s;upport their own tyranny, and &s;atisfie their own hunger after other mens goods, may and do create a <HI>nece&s;|&s;ity,</HI> and then make that <HI>nece&s;&s;ity</HI> the <HI>law</HI> and <HI>rule</HI> of their <HI>acti|ons</HI>
<PB N="69" REF="39"> and our <HI>&s;ufferings:</HI> be&s;ides, they are but our fellow &s;ubjects that u&s;urp this Dominion over us, which aggravates the indignity. If the 24 <HI>Con&s;ervators</HI> of the <HI>Peace</HI> in <HI>Hen.</HI> 3. time, were thought a burden to the Commons, and called <HI>totidem tyranni;</HI> what will our <HI>Grandees</HI> prove when the <HI>Power of the &s;word</HI> is theirs by <HI>Act of Parliament?</HI> Be&s;ides, if the King give them his Sword, they may take all the re&s;t of the Propo&s;itions demanded without a Treaty.</P>
<P>The <HI>Bill for adjournment of both Hou&s;es to any other place, &amp;c.</HI><NOTE PLACE="marg">64. Bill for ad|journment of the Parliament as well for Place as time.</NOTE> will enable the engaged Party of the two Hou&s;es and Army to ad|journ the two Hou&s;es from time to time, to, or near the Head|quarters of the Army; where tho&s;e Members that refu&s;e to en|ter into the &s;ame Engagement, &s;hall neither &s;it with accommoda|tion nor &s;afety, and &s;o be &s;haken off at la&s;t: this is a new way of <HI>purging the Hou&s;es.</HI> Be&s;ides, the Parliament following the motions of the Army, the King &s;hall follow the Parliament, whereby the Army having both King and Parliament pre&s;ent with them, what|&s;oever attempt &s;hall be made again&s;t the Army, &s;hall be &s;aid to be again&s;t the &s;afety and Authority of the King and Parliament, and a legal Trea&s;on, triable by Indictment, not a con&s;tructive Trea|&s;on only triable before the Lords.</P>
<P>Note this Me&s;&s;age to the King, <HI>plus &s;ignificat quam loquitur,</HI> though it holdeth forth but four Demands to open view, yet it includes five; for, if the King pa&s;&s;e the&s;e four Bils, as Acts of Parliament, either he mu&s;t do it by his Per&s;onal Pre&s;ence in the Hou&s;e of Peers, or by His Commi&s;&s;ion under the Great Seal; and &s;o con&s;equently mu&s;t confirm the Parliaments Great Seal, and all things done by it, (to the nullifying His own Great Seal at <HI>Oxford.</HI>) His per&s;onal pre&s;ence they will not admit; for, though they pretended heretofore they toook up Arms to bring <HI>the King to his Parliament,</HI> yet now they continue in Arms <HI>to keep Him from His Parliament,</HI> le&s;t the pre&s;ence of the true Sun &s;hould ob&s;cure &s;uch Meteors, and <HI>Ignes fatni,</HI> as they are. Though this may be Godly and Saint-like dealing, yet it is not plain nor fair dealing, <HI>latet anguis in herba,</HI> there is <HI>Coloquintida,</HI> nay death in the pot.<NOTE PLACE="marg">65. The Kings an|&s;wer debated.</NOTE></P>
<P>Monday 3 <HI>Jan.</HI> the <HI>Kings An&s;wer</HI> to the &s;aid <HI>Bils</HI> and <HI>Propo&s;i|tions</HI> was debated in the Hou&s;e of Commons. And fir&s;t, Sir <HI>Tho|mas Wroth (Jack-Pudding</HI> to <HI>Prideaux</HI> the Po&s;t-ma&s;ter) had his
<PB N="70" REF="40"> cue to go high, and feel the pul&s;e of the Hou&s;e; who &s;pake to this purpo&s;e, <HI>That</HI> Bedlam <HI>was appointed for madmen, and</HI> Tophet <HI>for Kings: that our Kings of late had carried them&s;elves as if they were fit for no place but</HI> Bedlam: that his humble motion &s;hould con&s;i&s;t of three parts.</P>
<P N="1">1 <HI>To &s;ecure the King, and keep him clo&s;e in &s;ome inland Ca&s;tle with &s;ure guards.</HI></P>
<P N="2">2 <HI>To draw up Articles of Impeachment against him.</HI></P>
<P N="3">3 <HI>To lay him by, and &s;ettle the Kingdom without him; he cared not what form of Government they &s;et up, &s;o it were not by Kings and Devils.</HI></P>
<P><NOTE PLACE="marg"><HI>Ireton</HI>'s &s;peech.</NOTE>Then Commi&s;&s;ary <HI>Ireton</HI> (&s;eeming to &s;peak the &s;en&s;e of the Army, under the notion of many thou&s;and Godly men who had ventured their lives to &s;ubdue their enemies) &s;aid after this manner, <HI>The King had denied &s;afety and protection to his people by denying the four Bils; that &s;ubjection to him was but in liers of his protection to his people; this being denied, they might well d<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ny any more &s;ubjection to him, and &s;ettle the Kingdom without him: That it was now expe|cted, after &s;o long patience, they &s;hould &s;hew their Re&s;olution, and not de&s;ert tho&s;e valiant men who had engaged for them be ond all po&s;|&s;ibility of retreat, and would never for&s;ake the Parliament, unle&s;s the Parliament for&s;ook them first.</HI></P>
<P>After &s;ome more debate, when the Hou&s;e was ready for the que|&s;tion,<NOTE PLACE="marg"><HI>Cromwel</HI>'s Speech.</NOTE> <HI>Cromwel</HI> brought up the rear, and giving an ample Cha|racter of the valour, good affections, and godline&s;s of the Army, argued; <HI>That it was now expected the Parliament &s;hould govern and defend the Kingdom by their own power and re&s;olutions, and not teach the people any longer to expect &s;afety and government from an ob&s;tinate man, who&s;e heart God had hardned: That tho&s;e men who had defended the Parliament from &s;o many dangers with the expence of their Blood, would defend them herein with fidelity and courage again&s;t all oppo&s;ition. Teach them not by neglecting your own and the Kingdoms &s;afety (in which their own is involved) to think them&s;elves betrayed, and left hereafter to the rage and malice of an irreconcileable enemy whom they have &s;ubdued for your &s;ake; <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">nd therefore are likely to finde His future Government of them in&s;upportable, and fuller of Revenge than Ju&s;tice, le&s;t de&s;paire teach them to &s;eek their &s;afety by &s;ome other means than adhering to
<PB N="71" REF="40"> you, who will not stick to your &s;elves; and how destructive &s;uch a re|&s;olution in them will be to you all, I tremble to think, and leave you to judge.</HI></P>
<P>Ob&s;erve, he laid his hand upon his Sword at the latter end of his &s;peech; that Sword that which by his &s;ide could not keep him from trembling when S. <HI>Philip Stapleton</HI> baffled him in the Hou&s;e of Commons.</P>
<P>This concluding Speech having &s;omething of menace in it, was thought very prevalent with the Hou&s;e.</P>
<P>The fir&s;t of the four que&s;tions being put,<NOTE PLACE="marg">66. The 4 Bils for no addre&s;&s;es nor applicati|ons pa&s;&s;ed.</NOTE> <HI>That the two Hou&s;es &s;hould make no more Addre&s;&s;<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">s nor Applications to the King;</HI> the Hou&s;e of Commons was divided, 141 <HI>yeas,</HI> to 91 <HI>noes,</HI> &s;o it was carried in the Affirmative.</P>
<P>The other three Votes followed the&s;e Vote with facility: See them in print. Upon the la&s;t of the&s;e 4 Votes the Hou&s;e was divi|ded, and candles were Voted to be brought it only to tell the Hou&s;e; yet (contrary to the &s;aid Order) when the candles were in they proceeded farther, as followeth:</P>
<P>The Members had been locked into the Hou&s;e of Commons from before nine of the clock in the morning to &s;even at night,<NOTE PLACE="marg">67. The Commit|tee of Safety revived.</NOTE> and then the doors were unlocked, and what Members would, &s;uf|fered to go forth, whereby many Presbyterians thinking the Hou&s;e had been upon ri&s;ing, departed, when pre&s;ently (the Hou&s;e being grown thin) the Vote to revive the Committee of both Kingdoms called <HI>the Committee of &s;afety at</HI> Darby-hou&s;e, pa&s;&s;ed by Ordi|nance dated 3 <HI>Jan.</HI> 1647. in the&s;e words; <HI>Re&s;olved, &amp;c. That the powers formerly granted by both Hou&s;es to the Committee of both Kingdoms,</HI> (viz. England <HI>and</HI> Scotland) <HI>in relation to the two Kingdoms of</HI> England <HI>and</HI> Ireland, <HI>be now granted and ve&s;ted in the Members of both Hou&s;es onely that are of that Committee, with power to them alone, to put the &s;ame in execution.</HI> The original Ordinance that fir&s;t erected this Committee, and to which this &s;aid Ordinance relates, beareth date 7 <HI>February</HI> 1643. in which the Engli&s;h Committees were appointed from time to ti<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e, to propound to the Scoti&s;h Commi&s;&s;ioners what&s;oever they &s;hould receive in charge from both Hou&s;es, and to <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ake report to both Hou&s;es, to direct the managing of the War, and to keep good corre&s;pondency with forein States, and to receive directions
<PB N="72" REF="41"> from time to time from both Hou&s;es, and to continue for three months and no longer. But this Ordinance, 3 <HI>January</HI> 1647. ve&s;ts the &s;aid power in the Members thereof onely, and alone: words excluding the two Hou&s;es; and for a time indefinite.<NOTE N="*" PLACE="marg"><HI>The Members of this Committee are now, the E. of</HI> Northumberland, Robert <HI>E.</HI> of Warwick, the <HI>E. of</HI> Kent, Ed. <HI>E. of</HI> Manche&s;ter, Wil. <HI>L.</HI> Say <HI>and</HI> Seal. Phil. <HI>L.</HI> Wharton, Jo. <HI>L.</HI> Roberts, Wil. Pierrepoint, <HI>Sir</HI> Hen. Vane <HI>&s;en. Sr.</HI> Gilbert G rrard, <HI>Sr.</HI> Wil Armine, <HI>Sr.</HI> Ar. Ha&s;lerig. <HI>Sr.</HI> Hen Vane <HI>jun.</HI> Jo. Crew, Rob. Wallope, Oliver <HI>St.</HI> Johns, <HI>Sol.</HI> O. Cromwel, St. Brown, Natha. Fiennes, <HI>Sr.</HI> Jo. Evelin. <HI>jun.</HI></NOTE> There were then added to this Committee, <HI>Nathaniel Fiennes,</HI> in place of Sir <HI>Phil. Staple|ton;</HI> Sir <HI>John Evelin junior,</HI> in place of M. Re|corder; and the Earl of <HI>Kent,</HI> in&s;tead of the Earl of <HI>E&s;&s;ex.</HI> 22 <HI>Jan.</HI> following, the Lords &s;ent down a Me&s;&s;age for a farther power to this Committee, which was granted in the&s;e words, <HI>Power to &s;uppre&s;s Tumults and In&s;urre|ctions in</HI> England, <HI>&amp;c. and at</HI> Barwick; <HI>and for that purpo&s;e the Committee to have power to give Orders and Directions to all the Militia and Forces of the Kingdom.</HI> The addition of four Lords and eight Commoners likewi&s;e to this Committee was de&s;ired, but deny|ed.</P>
<P><NOTE PLACE="marg">68. <HI>Whitehall</HI> and the <HI>Mews</HI> Gar|ri&s;oned.</NOTE>Friday 14 <HI>January,</HI> after a long debate, it was ordered that Sir <HI>Lewis Dives,</HI> Sir <HI>John Stowel,</HI> and <HI>David Jenkins,</HI> be tryed as Traytors at the Kings Bench; the Grand Jury had found the Bill again&s;t <HI>Jenkins.</HI> Mr. Solicitor, &amp;c. appointed to manage this bu&s;ine&s;s,<NOTE N="*" PLACE="marg">See Judge <HI>Jenkins</HI>'s Re|mon&s;trance to the Lords and Commons of Parliament, 21. <HI>Feb.</HI> 1647.</NOTE> but <HI>Jenkins</HI> is &s;o great a Lawyer, that the Solicitor dur&s;t not venture upon him, the long &s;word being more power|full in his mouth than the Law; wherefore the Solicitor found an Errour in the indictment, turned him back again upon the Hou&s;e to be impeached before the Lords, to who&s;e Juri&s;diction he pleaded: &s;o the Solicitor put the affront from him&s;elf upon the Hou&s;es. It was now twelve of the clock, and many of the Independent party began to cry, <HI>Ri&s;e, ri&s;e;</HI> The Presbyterians thinking all had been done, many went to Dinner, yet the Inde|pendents &s;ate &s;till, and finding the Hou&s;e for their turn, moved, <HI>That a Letter might be forthwith &s;ent to</HI> Sir <HI>Thomas Fairfax, to &s;end a convenient number of Foot to Garri&s;on</HI> White-hall, <HI>and a party of Hor&s;e to quarter in the</HI> Mews. The Lords concurrence was not de&s;ired to this Vote, but the Letters immediately drawn and &s;ent.</P>
<P>Ob&s;erve, that before this Vote pa&s;&s;ed, divers forces were
<PB N="73" REF="41"> upon their March towards the Town, and came to <HI>White-hall</HI> Sa|turday following by eight of the Clock in the morning.</P>
<P>Saturday 15. <HI>Jan.</HI> The Army &s;ent a Declaration to the Hou&s;e of Commons, <HI>Thanking them for their</HI> 4. <HI>Votes again&s;t the King,</HI><NOTE PLACE="marg">69. The Armies Declaration, thanking the Commons for their 4. Votes. 70. The Lords pa&s;s the 4. Votes.</NOTE> pro|mi&s;ing them <HI>to live and die with the Commons, in defence of them a|gain&s;t all Opponents.</HI></P>
<P>Many of the Lords had argued very hotly again&s;t the &s;aid four Votes, in&s;omuch that it was 10. Lords to 10. but this engagement of the Army, and the unexpected garri&s;oning of <HI>White-hall,</HI> and the <HI>Mews,</HI> turned the &s;cales; &s;o that they pa&s;&s;ed the &s;aid 4. Votes, on|ly adding a &s;hort preamble (little to the purpo&s;e) holding forth &s;ome rea&s;ons for pa&s;&s;ing them, to which the Commons, when they came down, a&s;&s;ented. When pre&s;ently (about twelve of the clock the Hou&s;e being thin) <HI>Dennis Bond</HI> moved, <HI>That who&s;oever &s;hould act again&s;t tho&s;e</HI> 4. <HI>Votes, or incite other to act again&s;t them, &s;hould be impri&s;oned and &s;equestred.</HI></P>
<P>Three or four days after the Lords had pa&s;&s;ed the &s;aid 4. Votes,<NOTE PLACE="marg">71. The Army thanks the Lords.</NOTE> the Army vouch&s;afed to &s;pit thanks in their mouthes, and make much of them. The&s;e 4. Votes were generally &s;ini&s;terly taken, and filled mens minds with &s;u&s;picion, what form of Government the Grandees would &s;et up, now they had laid by the King; and every mans mind pre&s;aged a new War, which they conceived the Inde|pendent Grandees were willing to have, to colour their keeping up this Army, and rai&s;ing money to maintain them, and every man began to lay the project of a new war at their door: notwith&s;tand|ing, (by way of prevention) they had Impeached divers Members, and Citizens of <HI>London,</HI> for endeavouring a new War, when they did but rai&s;e men for their &s;elf-defence.</P>
<P>To &s;hew the people therefore the rea&s;ons of the&s;e 4. Votes,<NOTE PLACE="marg">72. The Declara|tion again&s;t the King.</NOTE> the Independent Grandees appointed a Committee to &s;earch in|to the Kings conver&s;ation and errors of his Government, and publi&s;h them in a Declaration to the World: wherein they ob|jected many high crimes again&s;t Him concerning His Fathers death, the lo&s;s of <HI>Rochel,</HI> and the Ma&s;&s;acre and Rebellion in <HI>Ireland:</HI> which upon debate in the Hou&s;e, were very much mo|derated by the Presbyterians; of which Declaration I will only &s;ay, that they have &s;et forth no new matter therein, which they have not formerly publi&s;hed in parcels, &s;ince which time they
<PB N="74" REF="42"> have taken, and cau&s;ed others to take the National Covenant, whereby <HI>they vow to maintain the Kings Per&s;on, Crown and Dignity, in defence of Religion, Laws, and Liberties:</HI> and therefore to re|print only the &s;ame things as arguments to lay by the King, &s;avours more of de&s;ign, than ju&s;tice.</P>
<P>I will wade no farther in the cen&s;ure of the &s;aid Declaration, le&s;t I imitate the Authors of it; and as they by a feeble accu&s;ation have done the King much right, &s;o I by a weak defence &s;hould do him much wrong.</P>
<P><NOTE PLACE="marg">73. <HI>Tho. Ha&s;lerig</HI>'s Letter concer|ning the King.</NOTE>The people were as ill &s;atisfied with this Declaration, as with the 4. Votes; wherefore (24. <HI>Feb.</HI>) Mr. Speaker, with much &s;e|riou&s;ne&s;s, pre&s;ented to the Hou&s;e a Letter out of <HI>Leice&s;ter-&s;hire</HI> from <HI>Thomas Ha&s;lerig,</HI> (brother to Sir <HI>Arthur</HI>) which was read, to this purpo&s;e, <HI>That there was one Mr.</HI> Smalling, <HI>a Committee-man of</HI> Leice&s;ter-&s;hire, <HI>who had been a Deputy examiner in the</HI> Star-Chamber, <HI>and affirmed, that above twenty years &s;ince there being a &s;ute in</HI> Star-Chamber <HI>between the Earl of</HI> Bri&s;tol <HI>Complainant, and the Duke of</HI> Buckingham <HI>Defendant, concerning Phy&s;ick pre&s;ump|tuou&s;ly admini&s;tred by the &s;aid Duke to King</HI> James; <HI>the &s;aid</HI> Smalling <HI>took many Depo&s;itions therein, and was farther proceeding in the Examinations, until a Warrant, &s;igned by the King, was brought him, commanding him to &s;urcea&s;e, and to &s;end him the Depo&s;itions already taken; which</HI> Smalling <HI>did: yet kept notes by him of the Principal pa&s;&s;ages, doubting what farther proceedings might be here|after in a bu&s;ine&s;s of &s;uch importance.</HI> Sir <HI>Henry Mildmay</HI> moved that <HI>Smalling</HI> be &s;ent for, and examined upon Oath by the Com|mittee that penned the &s;aid Declaration; but upon motion of the Presbyterians, he was Ordered to be examined at the Commons Bar. <HI>Smalling</HI> came, produced the Warrant, but no Notes, &s;o this <HI>Chimaera</HI> vani&s;hed.</P>
<P>What the &s;aid Committee would have made of this, who knows? God ble&s;s us all from clande&s;tine examinations, e&s;pecially when they are taken by parties pre-ingaged.</P>
<P N="3">3. <HI>Caroli,</HI> This bu&s;ine&s;s had been ventilated and examined a|gain&s;t the Duke, and no mention made of poy&s;oning or killing King <HI>James;</HI> it was then only called, <HI>An Act of high pre&s;umption and dangerous con&s;equence in the Duke:</HI> nor was there then the lea&s;t reflection upon King <HI>Charles;</HI> yet now becau&s;e King <HI>Charles</HI>
<PB N="75" REF="42"> di&s;&s;olved that Parliament, the Independent party were willing to rai&s;e a &s;u&s;pition again&s;t him concerning His Fathers death: wher|as the accu&s;ation again&s;t the Duke of <HI>Buckingham,</HI> 3. <HI>Caroli,</HI> con|tained 7. or 8. Charges again&s;t him, the lea&s;t whereof might occa|&s;ion the di&s;&s;olving of that Parliament.</P>
<P>The&s;e de&s;perate cour&s;es (to di&s;honour the <HI>King,</HI><NOTE PLACE="marg">74. Why the inde|pendents went &s;o high again&s;t the King: To u&s;urp the regal power into them&s;elves, either in the Hou&s;es pur|ged, or in the Committee of Safety at <HI>Derby hou&s;e.</HI></NOTE> and make Him uncapable of Government, to ruine His Per&s;on, Crown and Dig|nity, and extirpate Monarchy root and branch) were taken in or|der to the <HI>u&s;urping the Kingly power into the Grandees of the Par|liament and Army,</HI> and in ca&s;e they could not purge the two Hou|&s;es, and make them wholly Independent, (which they now de&s;|pair of) then into the Hands of the Committee, or Council of State at <HI>Derby-hou&s;e,</HI> and <HI>Grandees</HI> of the Army. In order to which, they are now contriving to &s;trengthen the &s;aid Committee with more power and more Members; and to adjourn the Parliament, and &s;ent down the Presbyterian Members into the Country upon pretence of &s;ervice, where if any Tumults happen (for which their extortions will give &s;ufficient provocation) the &s;aid di&s;&s;enting Members &s;hall bear the blame; and have blank Impeachments given them to purge them out of the Hou&s;es, if not out of the world, or at lea&s;t be &s;eque&s;tred: for now they have &s;queezed what they can out of the Kings party by Seque&s;trations, the next fewel to their covetou&s;ne&s;s is to &s;eque&s;ter the Presbyteri|ans; and then to &s;eque&s;ter one another: for they are already di|vided into <HI>Pure Independents</HI> and <HI>Mixed Independents,</HI> and have feuds among&s;t them&s;elves, for this faction (in&s;atiate with money and blood) are all bea&s;ts of prey; and when they want prey, will prey one upon another: nor &s;hall the Hou&s;es meet above one month or two in a year to ratifie and approve what <HI>Derby-hou&s;e,</HI> and the <HI>Junto</HI> of the Army &s;hall dictate to them; and to give an account to the domineering party how eath Member hath carried him&s;elf in the Country. Thus in&s;tead of <HI>one King,</HI><NOTE PLACE="marg">75. Why the Grandees do &s;till continue to truck with the King, not|with&s;tanding the &s;aid 4. Votes.</NOTE> we &s;hall have <HI>twenty</HI> or <HI>thirty tyrants</HI> in chief, and as many &s;ubordi|nate Tyrants as they plea&s;e to imploy under them, with the Iron yoak of an Army to hold us in &s;ubjection to their Arbitrary Go|vernment.</P>
<P>Notwith&s;tanding the afore&s;aid four Votes and Re&s;olutions, the Cabal of <HI>Grandees</HI> &s;till keep <HI>A&s;hburnham</HI> and <HI>Barkley</HI> in the
<PB N="76" REF="43"> Army, and have &s;ent divers Turn-coat-Cavaliers and Emi&s;&s;aries under-hand di&s;gui&s;ed to the King, who pretending that by Bribes they had bought their admi&s;&s;ion to Him, after &s;ome in&s;i|nuations endeavour with fal&s;e and deceitfull news and argu|ments to &s;hake His con&s;tancy, and per&s;wade him to pa&s;s the &s;aid 4. dethroning Bills, (for the&s;e U&s;urpers of Sovereign Authority long to turn their armed and violent Tyranny into a legal Ty|ranny) or (at lea&s;t) to make him <HI>declare against the Scots coming in.</HI> In both which ca&s;es He will di&s;-hearten His Friends (who endeavour to take the golden reigns of Government out of the gripes of the&s;e <HI>Phaetons,</HI> and re&s;tore them again to His hand) un|king Him&s;elf and His Po&s;terity for ever, be carried up and down like a &s;talking Hor&s;e to their De&s;igns, and be Crowned <HI>Ludibrio Coronae,</HI> with &s;traw or thorns. For who can think that at the end of twenty years, the&s;e U&s;urpers will lay down what they have &s;o unju&s;tly, contrary to all Laws, Divine and Humane, and con|trary to their own Declarations, Oathes and Covenants, extor|ted? And who can, or dare, wre&s;t the&s;e powers out of their hands, being once &s;etled and grown cu&s;tomary in them; the peo|ples &s;pirits broken with an habitual &s;ervitude; a numerous Army and Garri&s;ons hovering over them; and all places of Judicature filled with corrupt Judges, who &s;hall by con&s;trained inter|pretations of the Law, force bloody pre&s;idents out of them, a|gain&s;t who&s;oever &s;hall dare to be &s;o good a Patriot as to oppo&s;e their Tyranny? They could make <HI>Steel</HI> &s;harp enough to cut Captain <HI>Burlies</HI> throat for attempting to re&s;cue the King out of the hands of a <HI>Rebellious Army, that neither obeys King nor Par|liament,</HI> will find gold and &s;ilver enough to <HI>corrupt all the Judges:</HI> the mean to prefer and make them <HI>Wild</HI> and <HI>vild</HI> enough for their purpo&s;es. But it is hoped He hath more of a King, more of man in Him than to lee&s;e his Principles, and &s;tumble again at the &s;ame &s;tone, da&s;h again upon the &s;ame Rock, what&s;oever Syrens &s;ing upon it; knowing He hath a Son at liberty to revenge His wrongs, all the Princes of Chri&s;tendom His Allies, who&s;e com|mon cau&s;e is controverted in His &s;ufferings; the greate&s;t men of <HI>England</HI> and <HI>Scotland</HI> of His blood, and the People generally (who&s;e farthe&s;t de&s;ign was, to pre&s;erve their Laws and Liber|ties, and to defend the Parliament from being conquered by the
<PB N="77" REF="43"> Sword) looking with an angry a&s;pect upon the&s;e Seducers, who by in&s;en&s;ible degrees, and many forgeries have ingaged them fur|ther than they intended, not to the <HI>Defence of Religion, Laws, and Liberties,</HI> but to <HI>the &s;etting up of Schi&s;m, Committee Law, and Martial Law, Impeachments before the Lords, and unlimitted &s;la|very.</HI></P>
<P>And I am confident this Faction de&s;pair of working upon the King, who like a Rock is <HI>mediis tuti&s;&s;imus undis,</HI> what&s;oever re|ports they give out to the contrary, having from the beginning made lies their refuge, which being wi&s;ely fore&s;een by the King, He &s;ent a Me&s;&s;age to both Hou&s;es (by way of prevention) delive|red in the Painted-Chamber by the Lords of <HI>Louderdale,</HI> one of the Scots Commi&s;&s;ioners, con&s;i&s;ting of three heads,</P>
<P N="1">1 <HI>That He was taken from</HI> Holdenby <HI>again&s;t his will.</HI></P>
<P N="2">2 <HI>That they &s;hould mantain the Honour and Privileges of Par|liament.</HI></P>
<P N="3">3 <HI>That they &s;hould believe no Me&s;&s;age as coming from him du|ring his Re&s;traint in the Army, but &s;hould only credit what they re|ceived from His own mouth.</HI></P>
<P>The&s;e Grandees have cheated all the intere&s;ts of the Kingdom, and have lately attempted the City again, and had the repul&s;e. But the King is their old Cu&s;tomer, and hath been often chea|ted by them, and having him in &s;trict cu&s;tody, peradventure they may per&s;wade Him it is for His &s;afety to be deceived once more: wherefore (notwith&s;tanding their many endeavours to root up Monarchy, dethrone the King, and His Po&s;terity, and u&s;urp his power; in order to which, they have over-whelmed Him, and all His, with innumerable calamities and reproaches) yet &s;ince the pa&s;&s;ing of the Declaration again&s;t the King, their de&s;perate condition hath enforced them to make new Addre&s;&s;es in private to Him, notwith&s;tanding their four Votes inflicting the <HI>penalitie of Trea&s;on upon the Infringers:</HI> But Trea&s;on is as natural to <HI>Cromwel,</HI> as <HI>fal&s;e accu&s;ing, prote&s;ting,</HI> and <HI>lying;</HI> he is &s;o &s;uper|lative a Traytor, that the Laws can lay no hold on him. Lieute|nant Colonel <HI>Lilburn</HI> in a verbal Charge delivered at the Com|mons Bar, accu&s;ed him of many Trea&s;onable Acts, which he a|vowed to make good: and in his Book, called, <HI>A Plea for a Ha|beas Corpus:</HI> But as if <HI>Cromwel</HI> were a Traytor <HI>cum privilegio,</HI>
<PB N="78" REF="44"> the Hou&s;e of Commons, (being under their Armed Guards) dares take no notice of it. But the <HI>Roman Tribune</HI> &s;aid to <HI>Scipio Africa|nus,</HI> in <HI>Livy, Qui jus aequum ferre non pote&s;t, in eum vim haud in|ju&s;tam fore,</HI> he that exalts him&s;elf above the Law, ought not to be protected by the Law.</P>
<P>To conclude, <HI>Cromwel</HI> hath lately had private conference at <HI>Tarnham</HI> with <HI>Hammond.</HI></P>
<P>The Earl of <HI>Southampton</HI> hath been courted to negotiate with the King, and offered the two Speakers hands for his warrant.</P>
<P>Capt. <HI>Titus</HI> taken into favour and imployed that way.</P>
<P>The <HI>Grandees</HI> have brought them&s;elves into a mi&s;t, and now wander from one fooli&s;h de&s;ign to another.</P>
<P>The Spaniard is &s;aid to foreca&s;t in his debates, what will hap|pen forty years after. But the&s;e purblind Politicians do not fore&s;ee the event of their Council forty days, nay hours beforehand; but it is a cur&s;e laid upon wicked men, to grope at noon day.</P>
<P>About 5 or 6 of <HI>Jan.</HI> 1647. the Scots Commi&s;&s;ioners had written certain Letters to the Hou&s;e of Commons;<NOTE PLACE="marg">76. Debates in the Hou. of Com|mons upon the Scots Letters, 1 Concerning the &s;aid 4 Votes.</NOTE> one whereof <HI>repeating the four Votes against the King,</HI> propounded to know, <HI>whether the Hou&s;es by their Votes, That no per&s;on what&s;oever do pre|&s;ume to make or receive any Application or addre&s;s to, or from the King, would debar the</HI> Scots <HI>to make or receive any Addre&s;&s;es to, or from Him, and &s;o put an incapacity upon Him to perform acts of Go|vernment towards them.</HI> In the debate the Independents called to mind a more antient Vote, whereby it was Ordered, <HI>That the</HI> Scots <HI>might be admitted to the King.</HI> Again&s;t which was alle|ged, <HI>That the&s;e latter Votes, being made general, without excep|tion, Repealed that former Vote.</HI> At la&s;t by an interpretative Vote it was concluded, <HI>That notwith&s;tanding the &s;aid four latter Votes,</HI> the former Vote, <HI>That the</HI> Scots <HI>Commi&s;&s;ioners might make Ad|dre&s;&s;es to the King,</HI> was &s;till in force. Ob&s;erve that this was done four or five days after the Scots Commi&s;&s;ioners were on their way towards <HI>Scotland.</HI></P>
<P><NOTE PLACE="marg">2 Concerning 100000 l. due to the Scots.</NOTE>The &s;econd Letter was concerning 100000 l. due by contract to the Scots from the Parliament, whereof 50000 l. was payable by a&s;&s;ignment to divers Scots Gentlemen who had advanced mo|ney to ha&s;ten the Scots Army to our relief; whereof 10000 l. was payable to the Earl of <HI>Argyle.</HI></P>
<PB N="79" REF="44">
<P>Sir <HI>Henry Milmay</HI> made a long Speech in prai&s;e of <HI>Argyle;</HI> &s;aying, <HI>That he and his party, and the Scoti&s;h Clergy, were the onely men that upheld the Engli&s;h interest in</HI> Scotland, <HI>and were better friends to us than all</HI> Scotland <HI>be&s;ides:</HI> wherefore he moved, that <HI>Argyle</HI> might be paid his 10000 l. and the re&s;t continued at inte|re&s;t, at 8 l. <HI>per cent.</HI> Pre&s;ently the whole Independent gang, with much zeal, and little di&s;cretion, ran that way, untill more mode|rate men &s;topping them in full cry, minded them what di&s;honour and danger they might bring their friend into by laying him open to &s;u&s;pition.</P>
<P>After this it was re&s;olved to &s;end four Commons and 2 Lords into <HI>Scotland</HI> as Commi&s;&s;ioners, with in&s;tructions.<NOTE PLACE="marg">77. Six Commi&s;&s;i|oners &s;ent into <HI>Scotland.</HI></NOTE> To &s;end all Independents, would not be acceptable; 2. Presbyterian Commo|ners therefore were &s;ent, one whereof was &s;weetned with the gift of 1000 l. and an Office, before they would tru&s;t him: with them were &s;ent Mr. <HI>Hearl,</HI> and Mr. <HI>Mar&s;hal.</HI></P>
<P><HI>Mar&s;hal,</HI> when he &s;aw Independency prevail,<NOTE PLACE="marg">78. Mr. <HI>Mar&s;hal.</HI></NOTE> had &s;ecretly tur|ned his coat the wrong &s;ide outward, and joyned intere&s;t with Mr. <HI>Nye;</HI> but before he declared him&s;elf, he was to do &s;ome &s;ervice for his new party: wherefore when the Army looked with a threatning po&s;ture upon the Parliament and City, before they marched through <HI>London,</HI> (the common Souldiers being in &s;uch di&s;content for want of pay, that they were ready to mutiny and disband, and their Officers &s;carce daring to Govern them) the fir&s;t fruits of <HI>Mar&s;hal</HI>'s &s;ervice to his new friends, was, to per|&s;wade the City to lend the Parliament 50000 l. to pacifie the Soul|diers: a&s;&s;uring them by Letters, that the <HI>Army had nothing but good thoughts toward the City, onely the common Souldiers were troubled for want of pay:</HI> After the City had laid down the &s;aid 50000 l. his next labour was, to per&s;wade the Citizens to <HI>let the Army march through the City without oppo&s;ition, for avoiding of blood-&s;hed and firing; and to let them po&s;&s;e&s;s the Tower, and Line of Communication.</HI> After the&s;e &s;ervices, the <HI>Grandees</HI> of the Parlia|ment and Army, finding him &s;uitable to them, received him into an avowed favour, and then four Independents and four Presby|terian Divines (conjoyning their Intere&s;ts) were &s;ent to &s;ea&s;on the Army, and new tune them according to the more modern de|&s;ign: <HI>Mar&s;hal</HI> was one, where, after he had preached according to
<PB N="80" REF="45"> the Dictates of the Grandees of the two Hou&s;es and Army for divers weeks, <HI>Mar&s;hal</HI> was thought fit to attend the Commi&s;&s;io|ners into <HI>Scotland:</HI> He and Ma&s;ter <HI>Nye</HI> had been &s;ent to <HI>Cari&s;|broke Castle</HI> formerly with tho&s;e Commi&s;&s;ioners that carried the 4 Bils to the King, and had 500 l. a piece given them for their jour|ney.</P>
<P><HI>Scotland,</HI> a longer journey, promi&s;ed a larger reward; it is good being a Po&s;tilion of the Go&s;pel at &s;uch rates.</P>
<P>The Sunday before he went, he preached at <HI>Margarets We&s;t|min&s;ter,</HI> and as much cried up Presbytery and the Covenant there, as he had before &s;lighted them in the Army. This was a <HI>Prepa|ration Sermon,</HI> to make him acceptable to Scots, that he might cajole them the ea&s;ier. Before he went he &s;ent his Agents from hou&s;e to hou&s;e at <HI>We&s;tmin&s;ter,</HI> to beg mens good wills towards his journey. He was willing upon this pretence to get what he could from St. <HI>Margarets</HI> Pari&s;h, 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. <HI>Margarets,</HI> and officiate in the <HI>Abby</HI> where he is to have 300 l. <HI>per annum</HI> cer|tain allowance, he would rob the <HI>Aegyptians</HI> at Saint <HI>Margarets</HI> for a parting blow. This Prie&s;t married his own Daughter with the Book of Common prayer and a Ring, and gave for rea&s;on, <HI>that the Statute e&s;tabli&s;hing 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:</HI> Yet he can declare again&s;t all u&s;e of it by others. He hath &s;o long cur&s;ed <HI>Meroz</HI> and <HI>neutrality,</HI> that he hath brought Gods cur&s;e upon the Land, and hath put Church and Commonwealth into a <HI>flame,</HI> but him&s;elf and his Brats have <HI>warmed their fingers at it:</HI> as Monies are decried or enhaun&s;ed by the Kings Authority, &s;o is every mans Religion cryed up or down by <HI>Mar&s;hal</HI>'s authority and &s;tamp.</P>
<P><NOTE PLACE="marg">76. The An&s;wer <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">o the Scots Declaration.</NOTE>About the 24 of <HI>February,</HI> the <HI>An&s;wer</HI> to the <HI>Scots Declaration</HI> began to be debated in parts: in which Debate the <HI>Covenant</HI> was much undervalued, and called, <HI>An Almanack out of Date. Nathaniel Fiennes</HI> argued again&s;t it, That that clau&s;e in the Covenant, <HI>[To Defend the Kings Per&s;on, Crown, and Dignity, &amp;c.]</HI> was incon&s;i&s;tent with their four Votes, <HI>for making no Addre&s;&s;es to the KING:</HI> To which was an&s;wered by &s;ome,
<PB N="81" REF="45"> <HI>That then they would relinqui&s;h the four Votes and adhere to the Co|venant.</HI></P>
<P>About the beginning of <HI>March,</HI> was given to Col. <HI>Sydenham</HI> and Col. <HI>Bingham</HI> 1000 l. a piece as part of their Arrears;<NOTE PLACE="marg">80. Money &s;hared among&s;t godly Members.</NOTE> their Accounts not yet &s;tated. To the Lord of <HI>Broghil</HI> 2000 l. To Mr. <HI>Fenwick</HI> 500 l. for lo&s;&s;es. To Mr. <HI>Millington</HI> 2000 l. for lo&s;&s;es. To Col. <HI>Ven</HI> 4000 l. notwith&s;tanding in was moved he might fir&s;t ac|count for Contribution money, the plunder of the Country about <HI>Wind&s;or,</HI> and the Kings Hou&s;hold-&s;tuff, Hangings, Linnen, and Bedding. Mr. <HI>Purie</HI> the Petty-bag office, be&s;ides 1000 l. formerly given him. To <HI>Purie</HI>'s Son, the Clerk of the Peaces place, and 100 l. a year: all <HI>Independents.</HI></P>
<P>The 7. of <HI>March,</HI> an Ordinance pa&s;&s;ed the Commons to &s;ettle 2500 l. a year land, out of the Marque&s;s of <HI>Worce&s;ters</HI> e&s;tate,<NOTE PLACE="marg">81. <HI>Cromwel.</HI></NOTE> up|on Lieut. Gen. <HI>Oliver Cromwel.</HI> I have heard &s;ome Gentlemen, that know the Mannor of <HI>Chep&s;tow,</HI> and the re&s;t of the Lands &s;et|led upon him, affirm, that in the particulars the &s;aid lands are &s;o favourably rated, that they are worth 5000 l. or 6000 l. a year: It is farther &s;aid tho&s;e lands are bravely wooded. You &s;ee though they have not made King CHARLES <HI>a glorious King,</HI> as they promi&s;ed, yet they have &s;etled a <HI>Crown Revenue</HI> upon <HI>Oliver,</HI> and have made him as great and glorious a <HI>K.</HI> as ever <HI>John of Leyden</HI> was. Wonder not that they con&s;pire to keep up this Army, as well to make good the&s;e Large&s;&s;es, as to keep their guilty heads upon their Shoulders.</P>
<P>Thur&s;day 9. <HI>March,</HI><NOTE PLACE="marg">82. A Me&s;&s;age fro~ the Lords de&s;i|ring the Com|mons concur|rence to the Ingagement of the Members with the Army. The Ingagem, approved by threats.</NOTE> the Lords &s;ent a Me&s;&s;age to the Hou&s;e of Commons, <HI>To de&s;ire their concurrence to the Ingagement of tho&s;e Members that fled to the Army, to live and die with the Army.</HI> It was debated all day untill 7. of the clotk at night; and at la&s;t the que&s; ion put. <HI>That this Hou&s;e doth approve the &s;ub&s;cription of the &s;aid Members to the &s;aid Ingagement.</HI> The Hou&s;e divided upon the que&s;tion, <HI>yeas</HI> 100. <HI>noes</HI> 91.</P>
<P>Ob&s;erve, 1. that Mr. Solicitor, <HI>Ha&s;lerig,</HI> and many more, when they perceived difficulty in pa&s;&s;ing it, began to skirmi&s;h with their long Sword again. And many told them, <HI>they must live content without dores</HI> (meaning the Army) <HI>as well as within, el&s;e all would go naught.</HI></P>
<P N="2">2. 44. Of tho&s;e Members that ingaged with the Army &s;ate in
<PB N="82" REF="46"> the Hou&s;e, and Voted in their own ca&s;e; many of them carrying them&s;elves very high and in&s;olent in their ge&s;tures and expre&s;&s;i|ons.</P>
<P N="3">3. Many Presbyterians left the Hou&s;e becau&s;e it was late; and &s;ome (as it is thought) not daring to Vote in the Negative.</P>
<P N="4">4. This Engagement about &s;ix months ago had been &s;ent 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 acquie&s;ce, contrary to the privileges of the Hou&s;e of Com|mons.</P>
<P N="5">5. This approbation thus &s;urreptitiou&s;ly gotten, is equal to a Pardon &s;ued forth before Conviction, which in Law amounteth to a Confe&s;&s;ion of the Crime.</P>
<P N="6"><NOTE PLACE="marg">83. The temper of the Hou&s;e tri|ed, had the Ingagement not been ap|proved, a new Charge from the Army intended.</NOTE>6. The <HI>Agitators</HI> tell you in <HI>Derby-hou&s;e Projects,</HI> pag. 7. <HI>That this Engagement was &s;ent down to the Commons to try the temper of the Hou&s;e, and if the Hou&s;e had not approved of the Eagagement, the re&s;olution of their &s;ecret Coun&s;el was to fly to their Armes, and make a new Charge again&s;t their principal oppo&s;ers;</HI> for they ac|knowledge among&s;t them&s;elves, <HI>That they Rule by Power only, and that the Hou&s;e of Commons is no longer theirs than they overawe them, and that they fear the Critical day will come which will di&s;co|ver the Parliament to be no longer theirs than while they have a force upon it.</HI></P>
<P>As men ready to &s;ink embrace every &s;hadow of help, and catch hold of leaves, twigs, and bulru&s;hes, to &s;upport them; &s;o the&s;e de|&s;perate and purblind protectors, having engaged them&s;elves in a way of Tyranny, out of which they can find no i&s;&s;ue, lay hold of frivolous inventions to peece up from time to time their ill-laid de&s;igns, like the man in the parable, <HI>That patched up his old Gar|ment with new cloath, which breaking out again, left the rent wider than it was before.</HI></P>
<P>Their la&s;t project was <HI>to unite all Intere&s;ts in the Hou&s;es, City, and Army;</HI><NOTE PLACE="marg">84: A project to unite all In|tere&s;ts.</NOTE> To which purpo&s;e <HI>Cromwel</HI> (the heavie&s;t, ba&s;e&s;t, and mo&s;t ridiculous Tyrant that ever any noble Nation groned under) made a Speech in the Hou&s;e of Commons: To which was An|&s;wered, <HI>That the Members were cho&s;en and tru&s;ted by the people, to pur&s;ue one common Intere&s;t,</HI> which was, <HI>the common good, the &s;afe|ty and Liberty of the People, and who&s;oever had any peculiar Intere&s;t
<PB N="83" REF="46"> eccentrick from that, was not fit to &s;it in that a&s;&s;embly, and de&s;erved to be called to a &s;trict account by tho&s;e that tru&s;ted him.</HI></P>
<P>Ob&s;erve,<NOTE PLACE="marg">See the Argu+ment again&s;t all accommo|datio~ between the City and Grandees, &amp;c. and the &s;ea&s;o|nable caution to the City, printed at the latter end of this Book.</NOTE> that the extent of this project was to conjoyn the&s;e <HI>three Intere&s;ts</HI> from upholding the greatne&s;&s;e of the <HI>Grandees,</HI> in the <HI>Parliament, City,</HI> and <HI>Army;</HI> for in all three the vulger multi|tude, and the more mode&s;t and hone&s;t &s;ort, are but in the &s;ame con|dition with other men: the Parliament bearing the <HI>Authority,</HI> the Army the <HI>Sword,</HI> and the City the <HI>pur&s;e.</HI></P>
<P>The <HI>first,</HI> &s;hall be the Task-ma&s;ters, and impo&s;e Tribute.</P>
<P>The <HI>&s;econd,</HI> the Sheriffs, or rather free-booters, to leavy it by di&s;tre&s;&s;e.</P>
<P>And the <HI>third,</HI> the Brokers, to receive and buy it off.</P>
<P>But it plea&s;ed God to be&s;tow &s;o much providence and integrity upon the City, that when upon Saturday 8. <HI>April,</HI> 1646. <HI>Cromwel</HI> and his fellow <HI>Grandees</HI> offered this temptation (at a Common-Councel) to them,</P>
<P>The City grew wi&s;er than our fir&s;t Parents, and rejected the Serpent and his &s;ubtilties, in&s;omuch that <HI>Cromwel</HI> netled with the affront, called his Solicitor <HI>Glover</HI> to account by what Authority he had offered the <HI>re&s;titution of the Tower and Militia, and the inlargement of their accu&s;ed Aldermen:</HI> who an&s;wered, <HI>he did it by his Authority,</HI> and delivered him a Warrant to that purpo&s;e &s;igned by Sir <HI>Thomas Fairfax, Oliver Cromwel,</HI> Mr. Solicitor, and young Sir <HI>Henry Vane,</HI> which <HI>Cromwel</HI> had the impudence to put in his pocket.</P>
<P><HI>Cromwel</HI> had felt the pul&s;e of the City long before by his A|gents <HI>Glover</HI> and <HI>Watkins,</HI><NOTE PLACE="marg">85. A device to put the Ap|prentices into a Tumult.</NOTE> and found them aver&s;e from comply|ing with him: wherefore (being a man of an early, as well as an implacable malice) he (by the advice of the Committee of <HI>Derby-hou&s;e</HI>) ca&s;t about with the Schi&s;matical Lord Mayor <HI>Warner,</HI> (he that rai&s;ed the ridiculous Tumult at Chri&s;tmas about Ro&s;emary and Bayes, a man that had been cho&s;en Mayor by power of Par|liament, (out of cour&s;e) to carry on the de&s;ign of the faction) and with the Lieutenant of the Tower, how to put the City into &s;ome di&s;temper, of which they might take advantage. The Citi|zens were well acquainted with their jugling tricks, they had no hopes to work upon them: wherefore they contrived how to put a provocation upon the &s;illy Apprentice Boys, and put them
<PB N="84" REF="47"> forth into &s;ome ra&s;h action, of which they might make u&s;e to carry on their de&s;ignes again&s;t the whole City: wherefore upon Ea&s;ter-day, 1648. in the evening &s;ome few apprentices playing in <HI>Finnisbury fields,</HI> &s;ome Souldiers were &s;ent to drive them away; which they did, and impri&s;oned &s;ome of them for not readily o|beying: upon Sunday following, 9. <HI>April,</HI> divers Apprentices be|ing at play (according to cu&s;tome) in <HI>Moor-fields,</HI> the Mayor &s;ent Capt. <HI>Gale</HI> (one of the new Captains of the Hamlets, a Silk-Thro&s;ter, and a Tub-preacher, and one that ran away at the fight at <HI>Newbury wa&s;h,</HI> and hid him&s;elf in a Ditch, as my L. <HI>Wharton</HI> at the Battle of <HI>Keynton</HI> hid him&s;elf in a Saw-pit) thither to di&s;turb them, with about 50. or 60. of his Trained Band, and no more; (that he might the better encourage the Boys to re&s;i&s;t him) who &s;urlily asking them <HI>What they did there?</HI> &s;ome of them an&s;wered, <HI>they did no harm but only play; and &s;ince all Holy dayes have been Voted down, they had no other time of Recreation:</HI> The Captain in&s;olently commanded them to <HI>be gone;</HI> they replyed, <HI>he had no authority &s;o to do,</HI> and continued playing: whereupon the Captain commanded his Mu&s;quetiers to <HI>&s;hoot among&s;t them;</HI> which they forbearing, he took a Mu&s;quet him&s;elf, and di&s;charged among&s;t them, when pre&s;ently two or three &s;chi&s;matical Mu&s;quetiers of his Company following his example, di&s;charged upon them likewi&s;e, and killed (or, as the Schi&s;maticks &s;ay, wounded only) one of the Boyes: whereat the Boys making a great out-cry, more company gathered to them, and &s;o with &s;tones, brick-bats, and &s;ticks, they di&s;per&s;ed the Trained Band, and at la&s;t got their Colours, and in&s;tantly in a childi&s;h jollity marched (un-armed as they were) towards the <HI>Mewes,</HI> when pre&s;ently a party of Hor&s;e (ready prepared for this forelaid de&s;ign) met them, charged, and with ea&s;e routed them; <HI>Cromwel</HI> him&s;elf animating the Troopers <HI>to &s;hoot and &s;pit them, and to &s;pare neither man woman nor child.</HI> All Sunday night the Apprentices kept in a body in the Ci|ty, locked the City gates, but &s;et no guards upon them; where|by you may &s;ee this bu&s;ine&s;s proceeded meerly from the ra&s;h and unpremeditated folly of Children, not from the advice of Men: how&s;oever the Independent faction in the Hou&s;e of Commons have &s;ince aggravated it: to countenance their future cruelty and rapines upon the City. Monday morning Sir <HI>Tho. Fairfax</HI> &s;ent a
<PB N="85" REF="47"> &s;trong party into the City, who fell upon the Boyi&s;h rabble, rou|ted and killed many, and &s;hot poor Women great with Child, &s;itting in their &s;talls, one whereof the Child lived two hours in her belly after her brains were &s;hot out: a man likewi&s;e not knowing of their coming, as he was drinking Milk at the cor|ner of a &s;treet, was &s;hot (as it were) in &s;port: as they rid, they cryed, <HI>Cuckolds keep your Hou&s;es,</HI> cutting and wounding all they met; <HI>Cromwel</HI> (who followed in the Reer &s;afe enoogh; the Van having cleered the &s;treets before him) cryed out to them to <HI>Fire the City.</HI> Oh <HI>Oliver!</HI> what a barbarous <HI>John of Leyden</HI> art thou become? Oh <HI>London!</HI> how wretched a <HI>Mun&s;ter</HI> wilt thou be|come? at la&s;t they drove tho&s;e &s;illy unarmed wretches into <HI>Lea|den-hall,</HI> and took many of them Pri&s;oners, none of the Trai|ned Bands, nor Citizens, appearing to help tho&s;e poor Boys, but leaving the Souldiers to get a bloody and boyi&s;h Triumph o|ver them, as they plea&s;ed; they are now impri&s;oned in <HI>Crom|wels</HI> &s;hambles at <HI>White-hall.</HI> This is the truth of the bu&s;ine&s;&s;e, notwith&s;tanding, the long-winded lying report made by Alder|man <HI>Fouks,</HI> at the Commons Bar: a man that hath feather'd his ne&s;t well the&s;e mi&s;erable times, and hath much publick money &s;ticking to his fingers; who, when he gave in his accompt before the Ge|neral Committee of Accounts, refu&s;ed to give it in upon Oath, (as other men did) alleging <HI>Magna Charta, that no man was bound to accu&s;e him&s;elf.</HI> It &s;hould &s;eem he had &s;omething in his Con&s;cience that would not endure the te&s;t of an Oath: but he is one of the Godly, and therefore the good things of this world belong unto him.</P>
<P>The Hou&s;e of Commons (upon this occa&s;ion) gave 1000 l. to the Souldiers for their valorous exploit, and Voted 1000 Foot, and 100 Hor&s;e to be kept in the <HI>Tower.</HI> The Garri&s;ons of <HI>White|hall</HI> and the <HI>Mewes</HI> to be &s;trengthened: 3 Barges capable of 50 Mu&s;quetiers apiece to lie at <HI>Whitehall</HI> for the Souldiers to convey them&s;elves to any landing place to di&s;per&s;e &s;uch watermen as &s;hal a&s;&s;emble: The City Chains to be taken away from their Po&s;ts, and a Commi&s;&s;ion of <HI>Oyer</HI> and <HI>Terminer</HI> to i&s;&s;ue forth to murder more of the&s;e Children legally.</P>
<P>The Mayor having kindled this fire in the City, &s;tole out at a window di&s;gui&s;ed, and hid his fooli&s;h head in the Tower.</P>
<PB N="86" REF="48">
<P>The Hou&s;e of Commons (over-ruled by the Grandees) Voted a day of thank&s;giving for this delivery. So bold are the&s;e Saints, as to mock Gods holy name with impious devotions to colour their de&s;igns.</P>
<P><NOTE PLACE="marg">86. The Lord <HI>In|chiquin.</HI></NOTE>The Lord <HI>Inchiquin,</HI> pre&s;ident of <HI>Mun&s;ter</HI> and General of the Army there, had a long time been heaved at by the Indepe<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">dent faction. The Lord <HI>Li&s;le,</HI> (who gaped after his imployment) Sir <HI>John Temple, Cromwell,</HI> the Lord <HI>Broughill,</HI> Sir <HI>Arthur</HI> and Sir <HI>Adam Loftus,</HI> and others: who by ob&s;tructing all &s;upplies of Money, Ammunition, Victual, Cloathes, laboured to muti|ny and disband his Army, that they might &s;end Schi&s;maticks of their o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">n party to Lord it there, as they do here, and keep <HI>Ireland</HI> as a Retreat for the Saints: for the better effecting whereof they &s;ent over many Emi&s;&s;aries, whom they had commended to him, to be officers in his Army. When this would not do, they Prin|ted &s;candalous Articles again&s;t him, and put infinite provocati|ons upon him to incite him to do that which they fal&s;ly accu&s;ed him to have done already; But the many gallant-&s;ervices he pre|formed &s;ince the publi&s;hing tho&s;e Articles gave them the lie, and confuted all their &s;landers: at la&s;t (under colour of &s;ending a &s;upply of forces to him) they projected to &s;urpri&s;e him, and bring him away pri&s;oner; &s;o that he hath &s;uffered all the con|vul&s;ions that trecherous friends, and malicious enemies could put upon him. And lately (for the more clo&s;e conveyance of the de&s;ign) the Hou&s;es &s;ent three Commi&s;&s;ioners towards <HI>Ire|land,</HI> to &s;urvey his Actions; but (as if it were purpo&s;ely done) when the Commi&s;&s;ioners came as far on their way as <HI>Bri&s;tol,</HI> about a dozen renegado Officers of his Army met the Commi&s;&s;i|oners and turned them back again. The &s;aid Officers po&s;ted up to the Parliament before the Commi&s;&s;ioners, and the 13 <HI>April</HI> were called in to the Commons Bar, where they made a relation to the Hou&s;e to this purpo&s;e; That the Lord <HI>Inchiquin</HI> having made an expedition into the County of <HI>Kerry,</HI> upon his return, &s;ent for the&s;e Officers into his pre&s;ence Chamber, and told them, <HI>He intended to declare against the Army and Independent party in</HI> England, <HI>who kept the King and Parliament under a force, that he would &s;tand for the Liberty of the King and Parliament, and a free Conference to &s;ettle Peace; and that he expected all his Officers
<PB N="87" REF="48"> &s;hould joyn with him in &s;o honourable an undertaking; but &s;hould take an Oath of &s;ecrecy, before he di&s;cover'd him&s;elf farther to them.</HI> They An&s;wered, <HI>They could make no &s;uch Oath before they knew whether they might with a &s;afe con&s;cience keep it,</HI> &s;aying, <HI>they would be true to the Parliament.</HI> My Lord <HI>Inchiquin</HI> replied, <HI>So have I, and will be; delude me not with ambiguous words, do you mean this pretended Parliament?</HI> telling them farther, <HI>he had good correspon|dence with all the Presbyterians in</HI> Scotland <HI>and</HI> England, <HI>as well in the Parliament, as out of it; that he doubted not to go through with his undertaking; and if the worst hapned, to make good condi|tions for him&s;elf and his party. That he would make peace with my Lord</HI> Taff, (<HI>and that he knew the</HI> Independents <HI>in</HI> England <HI>were upon Treaty with</HI> Owen Roe Oneal) <HI>who was a man of their hu|mour, and loved to keep all in combu&s;tion.</HI> They refu&s;ed to joyn, he di&s;mi&s;&s;ed them for <HI>England.</HI> The &s;ame day Letters from Capt. <HI>John Growthen</HI> (Vice-Admiral of the Iri&s;h Seas) from a &s;hipboard, were read in the Hou&s;e, much to the &s;ame purpo&s;e, though not &s;o large: wherein he &s;aid, <HI>He had already blocked up all my Lord</HI> In|chiquin's <HI>Havens.</HI></P>
<P>Pre&s;ently <HI>Allen</HI> the Gold&s;mith moved,<NOTE PLACE="marg">87. <HI>Allen</HI> the Gold-&s;mith moveth to put the Hou&s;e to the touch by &s;ome Cove|nant, Declara|tion, &amp;c.</NOTE> <HI>That &s;ince the Lord</HI> In|chiquin <HI>had di&s;covered that he had a correspondency with the Pre&s;|byterians in the Hou&s;e, before they dealt with their Enemies with|out doors, they &s;hould try who were their Enemies within doores, by putting all men to &s;ome Covenant, Engagement, or Prote&s;tation, &amp;c.</HI> And Lieutenant General <HI>Cromwell</HI> &s;aid, <HI>That being to de|bate this bu&s;ine&s;s to morrow, who&s;oever with cro&s;&s;e Arguments &s;hall &s;pin out the debate, and &s;o retard our prceedings, (by my con|&s;ent) &s;hall be noted with a Black Coal:</HI> to which was an&s;wered, <HI>That this tended to take away freedom of debate, which was the life of Parliaments, and of all Councils; and was de&s;tructive to the very being of Parliaments.</HI></P>
<P>It is not ami&s;&s;e to in&s;ert here by way of digre&s;&s;ion, what I for|merly omitted: Sir <HI>Henry Mildmay</HI> long &s;ince moved, <HI>That</HI> 150 <HI>rich Guard Coats of the King, might be &s;old for</HI> 800 l. <HI>to find Fire and Candle for the Souldiers in</HI> White-hall. The que&s;tion put: The Speaker gave judgement, <HI>the Yeas had it.</HI> Mr. <HI>Edward Stephens</HI> declared <HI>the Noes had it.</HI> They were unwilling to divide upon &s;uch a que&s;tion: but Mr. <HI>Stephens</HI> per&s;i&s;ted; and <HI>Robert Reynolds,</HI>
<PB N="88" REF="49"> &s;aid aloud, <HI>notice &s;hall be taken of him for putting &s;uch a di&s;honour upon the Hou&s;e.</HI> Upon the Divi&s;ion, the <HI>Noes</HI> carried it by nine voices. Thereupon, complaint was made again&s;t <HI>Reynolds</HI> for <HI>at|tempting again&s;t the liberty of Voting,</HI> but no redre&s;s.</P>
<P>But to return from my digre&s;&s;ion: the next day (14 of <HI>April</HI>) it was moved that my Lord <HI>Inchiquin's</HI> Son, a Child of 8 or 9 years old, going to School at <HI>Thi&s;tleworth, might be &s;ecured in the Tower and kept for a Ho&s;tage.</HI> To which was An&s;wered, <HI>That no man could take an Ho&s;tage without con&s;ent: an Ho&s;tage mu&s;t be given upon the publick faith, upon &s;ome &s;tipulation, and mu&s;t be &s;o received, by mutual agreement; you cannot puni&s;h the child for the Fathers fault;</HI> yet he was voted to the Tower, and &s;ent. My Lord <HI>Inchinquin's</HI> Commi&s;&s;ion as Pre&s;ident of <HI>Mun&s;ter,</HI> and General of the Army, Voted <HI>void, and no man to obey him,</HI> him&s;elf Voted a <HI>Traitor;</HI> yet no man examined upon Oath again&s;t him, nor any man &s;ent to take information of the bu&s;ine&s;&s;e into <HI>Ireland,</HI> and his profe&s;&s;ed enemy the Lord <HI>Li&s;le,</HI> is to go General into <HI>Mun&s;ter</HI> in his room; and the &s;aid fugitive Officers all rewarded, as if they had brought acceptable news.</P>
<P>This day <HI>Reynolds</HI> revived <HI>Allens</HI> motion for <HI>putting the Mem|bers to the Te&s;t, by &s;ome Covenant, Prote&s;tation, or Declaration, &s;ub&s;cribed, That this is a free Parliament, and that they would live and die with this Parliament and Army:</HI> To which was an&s;wered,</P>
<P N="1">1. That by Ordinance of both Hou&s;es, all men were enjoyned to take the National Covenant. This Covenant is the true Touch-&s;tone of the Parliament, and &s;o agreed upon by the wi&s;dom of both Nations; yet many &s;it here who refu&s;e to obey this Ordi|nance: I know no rea&s;on therefore why any man &s;hould obey you in any other Ordinance of this Nature: let us keep the old Cove|nant before we take any new.</P>
<P N="2">2. It hath been moved in the Hou&s;e, that the Oathes of Ju&s;ti|ces of the Peace, and Sheriffs, might be taken away: I hope you will not aboli&s;h legal Oathes, and impo&s;e illegal Oathes. This Hou&s;e hath not &s;o much Authority, as to admini&s;ter an Oath, much more to impo&s;e one: you mu&s;t allow to others that liberty of Con&s;cience which you demand for your &s;elves.</P>
<P N="3">3. Major <HI>Gray</HI> told you my Lord <HI>Inchiquin</HI> &s;aid he had cor|re&s;pondency with all the Presbyterians in the Hou&s;e, who had
<PB N="89" REF="49"> made their peace with the King. But my Lord <HI>Inchiquin</HI> told him farther, the Independents were upon Treaty with <HI>Owen Roe,</HI> and <HI>Oneal,</HI> let them clear them&s;elves of that imputation fir&s;t before they give a purgation unto others, otherwi&s;e what you do will &s;a|vour of force.</P>
<P N="4">4. The true Touch-&s;tone to try every mans integrity is to exa|mine, who have inriched them&s;elves by the calamities of the times and your &s;ervice, and who are impoveri&s;hed.</P>
<P N="5">5. This is a new device to purge the Hou&s;e.</P>
<P>The <HI>Grandees</HI> of the Hou&s;e have cantonized the Kingdom be|tween them,<NOTE PLACE="marg">88. The Counties compelled to give thanks to the Hou&s;es for their Votes again&s;t the King.</NOTE> every man in his Divi&s;ion protecting the Country Committees, and receiving tribute from them in recompence of their protection; and <HI>Prideaux</HI> the Po&s;t ma&s;ter being King of the <HI>West Saxons,</HI> his Vice-roy or Lord Deputy for the County of <HI>So|mer&s;et</HI> is that running Col. <HI>John Pyne,</HI> who being often in&s;pired with Sack, rules the Committee and County by in&s;pirations. <HI>Pyne</HI> and his Peers of the Committee, to plea&s;e his &s;uperiours, &s;et on foot a draught of a <HI>Petition</HI> to be handed by the Country, <HI>Gi|ving thanks to the Parliament for the four Votes again&s;t the King,</HI> and <HI>promi&s;ing to live and die with the Parliament and Army,</HI> and <HI>de&s;iring the County might be freed from Malignants, Neuters, and Apo&s;tates;</HI> which (in their interpretation) &s;ignifies <HI>Presbyterians</HI> and <HI>moderate men,</HI> who will not dance about the flame when the Independents make a Bonfire of the Common-wealth. The Ea|&s;tern Divi&s;ion of <HI>Somer&s;et-&s;hire</HI> rejected the Petition; in the We&s;tern Divi&s;ion <HI>Pyne</HI> and his Committee &s;ending abroad his Seque&s;trators with the Petition, (threatned to take them for Ma|lignants, and Seque&s;ter them that refu&s;ed) got many Sub&s;criptions; but the Sub&s;cribers &s;ince (better informed of the danger and mi&s;|chief of tho&s;e Votes) retracted what they had done by a <HI>coun|ter Petition,</HI> wherein they declare, that <HI>their Sub&s;cription to the former Petition was contrary to their Judgement and Con&s;ciences, and extorted by the terror of Seque&s;trators, and threats of being Se|que&s;tred.</HI> This affront &s;tung the Committee, and opened the eyes of the Country: As the like fooli&s;h attempt of Sir <HI>Henry Mildmay</HI> did the eyes of the County of <HI>E&s;&s;ex.</HI> Wherefore to find a Pla&s;ter for this broken pate, Sergeant <HI>Wild</HI> (he that hang'd Capt. <HI>Burly</HI>) coming that Circuit, care was taken to have a &s;elect Grand-Jury
<PB N="90" REF="50"> of Schi&s;maticks and Seque&s;trators blended together, who made a pre&s;entment &s;ub&s;cribed by 19. of their hands, which Ser|geant <HI>Wild</HI> pre&s;erved in his pocket; and upon Tue&s;day 18. <HI>April,</HI> delivered with as much gravity as a &s;et &s;peech and a &s;et ruffe could furni&s;h him withall in the Hou&s;e of Commons, and was read and hearkned unto by the thriving Godly, with as much attention, as pricking up of eares, and turning up of eyes could demon&s;trate: the Contents of this pre&s;entment were the &s;ame with the afore|&s;aid revoked Petition. Great care was taken to give thanks to the High Sheriff and Grand Jury, who had &s;o freely delivered the &s;ence of that wel-affected County: and as much care taken to improve this Talent and put it to intere&s;t throughout the King|dom. Collonel <HI>Purefoy</HI> is now at this work in <HI>Warwick-&s;hire.</HI> Sir <HI>Arthur Ha&s;lerig</HI> about <HI>Newca&s;tle,</HI> others in other places. Pitifull Crutches to &s;upport a cripled reputation, which now halts, and begs for relief wor&s;e than their own maimed Souldiers do, and with as bad &s;ucce&s;s, they have juggled them&s;elves out of cre|dit, and would fain juggle them&s;elves in again. Behold the wi&s;dom of our <HI>Grandees,</HI> wi&s;e, religious, new-modelled Politicians, who have brought them&s;elves and the whole Kingdom into the&s;e de|plorable, contemptible &s;traits; take notice of your Repre&s;enta|tive, you that are repre&s;ented, call them to a &s;ea&s;onable account: But whither doth my zeal carry me? I &s;hall anon &s;tumble upon a new fangled Trea&s;on to be declared again&s;t me, without, nay a|gain&s;t Law.</P>
<P><NOTE PLACE="marg">89. Mens tongues tied up by an Ordinance.</NOTE>Friday 21. <HI>April,</HI> An Ordinance was pre&s;ented to the Hou&s;e, in|tituled, <HI>For &s;uppre&s;&s;ing all Tumults and in&s;urrections</HI> (the Com|mittee of Safety at <HI>Derby Hou&s;e</HI> had before an ample power con|ferred upon them for that purpo&s;e; but guilty con&s;ciences, though they be &s;afe, are never &s;ecure; like <HI>Cain,</HI> they think that every man will &s;lay them) it was pa&s;&s;ed after &s;ome amendments to this purpo&s;e, <HI>That any three Committee-men &s;hall have Power to Im|pri&s;on and Seque&s;ter all &s;uch as &s;hall actually adhere to any that &s;hall rai&s;e or endeavour to rai&s;e Tumults and In&s;urrections; or &s;hall &s;peak or publi&s;h any thing reproachfull to the Parliament, or their proceedings.</HI> Behold here an exci&s;e (amounting to the Value of all you have) &s;et upon every light word; a man made an offender for a word, to the utter ruine of him and his po&s;terity, under
<PB N="91" REF="50"> colour of <HI>defending Laws, Liberties, and Properties,</HI> you are <HI>chea|ted of them all,</HI> and <HI>reduced</HI> to meer and ab&s;olute <HI>&s;lavery</HI> and <HI>beg|gery:</HI> you are not Ma&s;ters of your own carca&s;&s;es, yet your mouths are but toned up; you mu&s;t not be allowed that &s;illy comfort of venting your griefs by way of complaint; what Tyrant was ever &s;o barbarous, &s;o indi&s;creet as to do the like? It was moved that Offenders of this kind might be bound to the good behaviour, and the offences proved openly at the A&s;&s;izes or Se&s;&s;ions, before &s;o de&s;tructive a puni&s;hment be inflicted. There are three prin|ciples in Law, of which the Laws are very tender, and will not &s;uf|fer them to be touched but upon great Offences, cleer proofs, and exact formalities ob&s;erved, <HI>life, liberty,</HI> and <HI>e&s;tate:</HI> by <HI>Magna Charta,</HI> the <HI>Petition of Right,</HI> and many other Statutes, the&s;e prin|ciples are &s;o &s;acred, that nothing but the Law can meddle with them, <HI>Nemo impri&s;onetur aut di&s;&s;ei&s;ietur ni&s;i per legale judicium parium &s;uorum.</HI> You have made the people &s;hed their money and blood abundantly, pretending defence of <HI>Religion, Laws,</HI> and <HI>Li|berties;</HI> let them now at la&s;t (being a time of peace) enjoy what they have &s;o dearly paid for; and delay them not with a pretended nece&s;&s;ity of your own making; you now make all that is, or can be neer and deer to them, liable to the pa&s;&s;ions of three Committee-men, to judge and execute according to their di&s;cre|tion, without Law, or &s;o much as a formality thereof: And yet both Hou&s;es of Parliament have often heretofore offered to aboli&s;h tho&s;e Committees, as men who&s;e wickedne&s;&s;e and folly they and the whole Kingdom were a&s;hamed of. The Grandees of the Parliament and Army, when the Hou&s;es are called, and full, have re&s;olved to draw their forces neer about the Town, and by that terrour to trie the temper of the Hou&s;es; &s;uch Members as will not comply with them, they will with fre&s;h Charges purge out of the Hou&s;e, and publi&s;h ba&s;e and infamous &s;candals again&s;t them, to which if they &s;ubmit with &s;ilence, they betray their re|putations for ever, and &s;pare the credits of their jugling enemies. If they make any defence for their honours by way of Apology, they &s;hall be brought within the compa&s;&s;e of this devouring, in|&s;laving Ordinance, as <HI>men that reproach the Parliament, and their Proceedings.</HI> Thus the &s;ame whip &s;hall hang over the &s;houlders of the Presbyterian party, (who will not agree to <HI>King-depo&s;ing
<PB N="92" REF="51"> Anarchy and Shi&s;m</HI>) as it did formerly over the Kings party. And the Presbyterians &s;hall be &s;quee&s;ed into the Independents coffers, as formerly the Kings party were, &s;o long as they had any thing to lo&s;e; for the whole earth is little enough for the&s;e Saints, who are never &s;atisfied with money and blood, although they never look towards Heaven but through the &s;pectacles of this world. The old <HI>elogium</HI> and Character of this Engli&s;h Nation was, that they were <HI>Hilaris gens, cui libera mens &amp; libera lingua:</HI> But now (Country-men) your tongues are in the Stocks, your bo|dies in every gaole, your &s;ouls in the dark, and e&s;tates in the mercy of tho&s;e that have no mercy, and at the di&s;cretions of tho&s;e that have no di&s;cretion: Farewell <HI>Engli&s;h liberty.</HI></P>
<P><NOTE PLACE="marg">90. The Kenti&s;h Committee-War.</NOTE>In the Epi&s;tle to this book, I have given you an account of the bloody An&s;wer given to the <HI>Surrey</HI> Petitioners, <HI>May</HI> 16. 1648. I mu&s;t in the next place &s;peak &s;omething of the <HI>Kenti&s;h Petition,</HI> and of the <HI>Committee-war</HI> they ray&s;ed to oppo&s;e it; which took his ri&s;ing and beginning partly from the in&s;olencies and oppre&s;&s;i|ons of their tyrannical <HI>Committee-men,</HI> (per&s;ons for the mo&s;t part of weak fortunes, and weaker wits) and partly from the frantick zeal of the Mayor of <HI>Canterbury</HI> (who for his Religion, pru|dence and hone&s;ty, may well be younger brother to <HI>Warner</HI> Lord Mayor of <HI>London</HI>) upon <HI>Chri&s;tmas day</HI> 1648. &s;undry peo|ple going to the Church of <HI>Canterbury</HI> to &s;olemnize that day, were uncivily interrogated, and roughly handled by the Mayor, as if it were &s;uper&s;tition, nay impiety to &s;erve God on that day; or as if &s;ome dayes were exempted from &s;erving God, as &s;ome days are exempted from worldly labour: This grew to a Tumult, which the Committee of the County hearing, they pre&s;ently gathered forces to make o&s;tentation of their power in &s;uppre&s;&s;ing it, but were pre|vented by intelligence that all was quiet; but this quietne&s;&s;e was rather a truce, than a la&s;ting peace, a de&s;ire of revenge again&s;t the Mayor for wounding &s;ome of the People, like fire hid under a&s;hes, broke forth two dayes after, but was pre&s;ently pacified by the di&s;|creet indeavours of Sir <HI>W. Man,</HI> Ald. <HI>Sabin,</HI> and Mr. <HI>Lovelace</HI> a Lawyer. The Committee of that County pre&s;ently a&s;&s;emble <HI>forces,</HI> with which (together with their Chaplains &amp; other in&s;truments of war) they march to reduce the City, and (though they had newes that <HI>all was appea&s;ed</HI>) yet would they not believe it, but conti|nued
<PB N="93" REF="51"> their march in triumph; where finding the Gates open, they took them off and burnt them, threw down part of their Walls, thereby degrading the City, and turning it into a Village, as a trophy of their high indignation; committed many to Pri|&s;on upon light &s;u&s;picions, among&s;t whom, the afore&s;aid 3 Peace|makers, for being &s;o &s;aucy as to compo&s;e the difference, and thereby deprive their <HI>highne&s;&s;es</HI> of a Triumphant Victory. For the&s;e up&s;tart Committees mounted above the &s;phere of their a|ctivity, and having &s;tolen his Maje&s;ties Sword (His principal marke of Soveraignty wherewith he protects his people) out of his Scabbard, know not how to u&s;e it, but to the de&s;truction of the people: like ill-natured Children, they have gotten a gay thing, and mu&s;t do mi&s;chief with it. And for farther magnifying of their power to the Country, and their diligence to the Parlia|ment, they charged the pri&s;oners with High Trea&s;on, and &s;o forgot them langui&s;hing in Gaol, had not tho&s;e Gentlemen re|membred them&s;elves and clamoured for a Trial; which at la&s;t was granted them by a Commi&s;&s;ion of <HI>Oyer</HI> and <HI>Terminer</HI> to Sergeant <HI>Wyld,</HI> and Sergeant <HI>Cre&s;well:</HI> the Juries were men known to be wel-affected to the Parliament, who found <HI>Ignora|mus</HI> upon the Bill, and (notwith&s;tanding many checks and taunts from the Committee, and the refu&s;ing of the return) adhered, &s;o that the Court adjourned for &s;ome months: Hereupon the Ken|ti&s;h men fearing the tyrannical di&s;po&s;ition of their Committees, con&s;ulted with the &s;aid Grand Jury upon the place concerning a Petition to the Parliament <HI>for Peace,</HI> to end our di&s;tractions; which Petition was &s;ub&s;cribed by the Grand Jury, in the name of the whole County. The Committee jealous that the&s;e things would hearten the People, and loo&s;en the bonds of that &s;lavi&s;h fo<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">r, wherein they had hitherto held them captive, printed, and cau|&s;ed to be publi&s;hed in all Churches a Paper prohibiting the &s;ame Petition, and branding it with the name of <HI>&s;editious and tumultu|ous,</HI> &s;aying, <HI>they would hang two in every Pari&s;h that were promo|ters of it, and &s;eque&s;ter the re&s;t.</HI> And endeavoured fir&s;t to rai&s;e forces in the County; but at la&s;t made their complaint to the Ar|my. When the Country &s;aw their ju&s;t de&s;ires like to be &s;uppre&s;&s;ed by Arms, and them&s;elves to be &s;till Committee-ridden, they re&s;olved upon a place of meeting to promote their Petition, and
<PB N="94" REF="52"> to come Armed thither for their own defence onely. But the County Committee plied their bu&s;ine&s;&s;e &s;o well with the Com|mittee of <HI>Derby Hou&s;e</HI> and the Army, that they fir&s;t drew a par|ty of Hor&s;e into the County, who committed many murders ac|cording to Cu&s;tome, and then the whole Army which at <HI>Black|heath</HI> encamped on the &s;ame place where the Petitioners intended to <HI>Rendezvouz.</HI> So the re&s;ult of all is but this: The whole County of <HI>Kent</HI> oppre&s;&s;ed by a tyrannous Committee, and a lingting war, now likely to be renued, prepare to pre&s;ent a Petition to the Par|liament <HI>for Peace,</HI> and had appointed a day and place of meeting, which by rea&s;on of the large extent of the County they could not alter at the plea&s;ure of the Committee: and being terrified by the menaces and warlike preparations of the &s;aid Committee, brought their Arms with them in order onely to &s;elf-defence, (allowed by the Laws of God and Man, and by the doctrine and practice of this Parliament and Army; and peradventure induced thereto by the &s;ad Ma&s;&s;acre of the <HI>Surry</HI> Petitioners) The Com|mittee to &s;upport their u&s;urped, illegal authority, invite an Army to break in upon them with <HI>fire</HI> and <HI>&s;word,</HI> and &s;o enforced them upon thoughts and actions of War, never before thought on: as will appear,</P>
<P N="1">1. Becau&s;e many of the Petitioners went home the next day af|ter the <HI>Rendezvouz.</HI></P>
<P N="2">2. The County had provided no General, nor no old Comman|ders.</P>
<P N="3">3. They never thought of forming an Army until Sir <HI>Tho. Fair|fax</HI> was &s;torming one of their Towns.</P>
<P N="4">4. The <HI>Kenti&s;h-men</HI> were compelled to take in <HI>Sandwich,</HI> and the 3 Ca&s;tles, le&s;t they &s;hould fall upon the backs of them when the Army marched again&s;t them; yet did they hurt no man in per|&s;on or goods: which argued a peaceable di&s;po&s;ition, ayming only at defence. Thus you &s;ee a whole County always wel-affected to the Parliament, complaining of a few Independent &s;e|ctary Committee-men, Seque&s;trators, &amp;c. for infinite oppre&s;&s;i|ons and cheats dayly committed: they being weighed in the &s;cales together, the whole County are thought too light for want of an unpartial holding the ballance even: one prudential con&s;ideration, that they mu&s;t not di&s;countenance their friends
<PB N="95" REF="52"> (as they call the Committee) and &s;omething el&s;e more &s;ub&s;tanti|al, being put upon the Committees &s;cale, hoy&s;eth the whole Coun|ty into the ayr. And when the Parliaments Army was at <HI>Black|heath,</HI> the County &s;ending &s;ome of their Gentry with Petitionary Letters to the Hou&s;e of Commons, declaring <HI>the peaceablene&s;&s;e of their inclinations, their continued obedience to the Hou&s;es, and a de&s;ire their grievances against their Committee might be put into a way of examination and redre&s;&s;e,</HI> they could obtain no other An|&s;wer (the &s;chi&s;matical ingaged party overpowering the Hou&s;e with the near approach of their own Army, for it is no bodies el&s;e) than, <HI>that they would &s;end them an an&s;wer by their General;</HI> which was as much as if they had &s;aid, <HI>They would &s;end an an&s;wer by the Executioner:</HI> the terrour of this an&s;wer made the Country de&s;pe|rately ingage in an un-premeditated War, for which they were wholly unprovided, as the irre&s;olute and di&s;tracted mana|ging of it makes manife&s;t. But this advantage was greedily laid hold of by the Saints, to ravi&s;h a victory from the Country, which they were re&s;olved to u&s;e with &s;o much &s;ecrecy and &s;olemn cruelty, that the example thereof &s;hould &s;trike an awfulne&s;&s;e in|to the hearts of all that &s;hould hear of it, and beget a &s;lavi&s;h fear in the whole Kingdom to &s;ubmit to the laying a&s;ide of the KING, and his Negative Voice, and the e&s;tabli&s;hing of a tyrannical Oligarchy, in the Grandees of the two Hou&s;es and Army: for finding the whole Kingdom to hate them with a perfect hatred, they have no hope to govern by Love, but by Fear; which (according to the Turki&s;h rule) is more predomi|nant and con&s;tant pa&s;&s;ion. And certainly had not <HI>Goring's</HI> pa&s;|&s;ing over at <HI>Greenwich</HI> into <HI>E&s;&s;ex</HI> compelled <HI>Fairfax</HI> to follow immediately after with his Army, they had been u&s;ed with much extremity: in&s;omuch that <HI>Weaver,</HI> (a Member, fuller of zeal than wi&s;dom, though wi&s;e enough for his own profit, as mo&s;t Saints and knaves are) moved in the Hou&s;e, <HI>That all</HI> Kent <HI>might be &s;eque&s;tred, becau&s;e they had rebelled, and all</HI> E&s;&s;ex, <HI>becau&s;e they would rebell.</HI> And truly this is as good a way as <HI>Cromwel's</HI> &s;elling his Welch Pri&s;oners for 12 d. a head to be tran&s;ported into barba|rous Plantations, whereby to expell the <HI>Canaanites,</HI> and make new plantations in old <HI>England</HI> for the Godly, the &s;eed of the Faithfull: for this faction (like the Divell) cry, <HI>all is mine.</HI></P>
<P N="27"><PB N="96" REF="53"><NOTE PLACE="marg">91. <HI>Banbury-Ca&s;tle</HI> obtruded upon the State.</NOTE>27. <HI>May</HI> A friend of my Lord <HI>Say's</HI> moved in the Hou&s;e of Commons, <HI>That</HI> Banbury-Ca&s;tle <HI>might be demoli&s;hed to prevent a|ny &s;urpri&s;e thereof by Malignants,</HI> &s;aying, <HI>it had already co&s;t the State</HI> 200000<HI> l. to reduce it, and had undone the Country, which was unable to pay for it: it belonged to a Noble, Godly per&s;on, the L.</HI> Say, <HI>and it was not fit to demoli&s;h it without his con&s;ent and recompence; it was therefore de&s;ired the State &s;hould bear the charge, his Lord|&s;hip being willing to &s;ell it for</HI> 2000 l. To which was an&s;wered, <HI>That other well-affected Gentlemen had their Hou&s;es de&s;troyed for &s;ervice of the State, without recompence, not &s;o well provided to bear the lo&s;s as my Lord</HI> Say; <HI>as Mr.</HI> Charles Doyly, <HI>two hand&s;ome habitable Hou&s;es, Mr.</HI> Vachell, <HI>&s;ome Hou&s;es in</HI> Reading, <HI>and o|thers well de&s;erving of the State, though not of them&s;elves.</HI> This Ca&s;tle was unhabitable, a rude heap of &s;tones, a publick nu&s;ance to the Country. It co&s;t his Lord&s;hip but 500 l. and now to obtrude it upon the State at 2000 l. price, in &s;o great a &s;carcity and want of mony, the Kingdom graoning under Taxes, was not rea&s;onable. So Divine providence not &s;aying <HI>Amen</HI> to it, this Cheat failed like the untimely birth of a Woman.</P>
<P><NOTE PLACE="marg">92: The Impeach|ed Lords, Members and Aldermen.</NOTE>About the beginning of <HI>June,</HI> a debate hapned in the Hou&s;e of Commons about the four impri&s;oned Aldermen, occa&s;ioned by a Petition from the City, and concerning the impeached Lords and Commons. Mr. <HI>Gewen</HI> &s;pake mode&s;tly in their behalf, &s;aying, <HI>That what they did was done by virtue of an Ordinance of Parliament made this very Se&s;&s;ions of Parliament, and without any intent to rai&s;e a new war, but only to defend the City again&s;t the menaces of the Army marching up again&s;t them and the Parliament.</HI> But Mr. <HI>Gourdon</HI> (a man hot enough for his zeal to &s;et a Kingdom on fire) An&s;wered, <HI>He thought they intended a new War, and were encoura|ged thereto by the Gentleman that spake la&s;t; when he &s;aid to them at their Common Council, &V;p and be doing:</HI> Mr. <HI>Walker</HI> (perceiving Mr. <HI>Gewen</HI> to be cau&s;le&s;ly reflected upon) replied, <HI>that &s;ince this de|bate upon the City Petition tended towards a clo&s;ing up of all diffe|rences, it was unfit, men that &s;pake their con&s;ciences freely and mo|de&s;tly &s;hould be upbraided with Repetitions tending to di&s;-union,</HI> and de&s;ired men might not be permitted to vent their malice un|der colour of &s;hewing their zeal: when pre&s;ently. <HI>Tho. Scot,</HI> the Brewers Clerk (he that hath a Tally of every mans faults but his
<PB N="97" REF="53"> own hanging at his Girdle by virtue of his Office, being Deputy-Inqui&s;itor, or Hangman to <HI>Miles Corbet</HI> in the clande&s;tine Com|mittee of examinations) replyed upon Mr. <HI>Walker, That the Gent. that spake la&s;t was not &s;o well-affected, but that the clo&s;e Commit|tee of examinations would find cau&s;e to take an order with him &s;hortly:</HI> Mr. <HI>Walker</HI> offered to an&s;wer him, and demanded the Ju|&s;tice of the Hou&s;e, but could not be heard: tho&s;e that &s;pake in behalf of the Aldermen, were often affronted, and threatned with the di&s;plea&s;ure of the Army, which they alleged, <HI>would be apt to fall into distempers if we di&s;charged them.</HI> Notwith&s;tanding the&s;e menaces, it was Voted, that <HI>the Hou&s;e would not pro&s;ecute their Impeachments again&s;t the &s;aid four Aldermen,</HI> Sir John Maynard, <HI>and the &s;even Lords; and that they would proceed no faother upon their Order for impeaching Mr.</HI> Hollis, Sir William Waller, &amp;c. Two or three dayes after, a motion was &s;et on foot, <HI>That the Or|der whereby the &s;aid Members were di&s;abled from being of the Hou&s;e might be revoked;</HI> many zealots argued fiercely, and threat|ned again&s;t it; among&s;t many arguments for them, a Pre&s;ident was in&s;i&s;ted upon, <HI>That Master</HI> Henry Martin <HI>was by Order di&s;abled from being a Member, yet was afterwards readmitted upon his old Election:</HI> and de&s;ired the&s;e Gentlemen might find equall ju&s;tice. The Hou&s;e having freed them <HI>&agrave; Culpa,</HI> could not in equity but free them <HI>&agrave; poena,</HI> and put them in the remainder of all that belon|ged to them. But Sir <HI>Peter Wentworth</HI> an&s;wered, <HI>That Mr.</HI> Mar|tins <HI>ca&s;e and theirs differed: Mr.</HI> Martin <HI>was expelled for words spoken again&s;t the King, &s;uch as every mans Con&s;cience told him were true; but becau&s;e he &s;poke tho&s;e words un&s;ea&s;onably, when the King was in good &s;trength, and the words (whether true or fal&s;e) were in &s;trictne&s;&s;e of Law, Trea&s;on: the Hou&s;e</HI> (e&s;pecially the luke|wa<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">n men) <HI>con&s;idering the doubtfull events of War, di&s;abled and committed him, le&s;t the whole Hou&s;e might be drawn in compa&s;s of High Trea&s;on for conniving at them:</HI> which was a prudential Act contrary to ju&s;tice, and contrary to the &s;en&s;e of the Godly and hone&s;t party of the Hou&s;e. But afterwards (the King growing weaker, and the Parliament &s;tronger) the Hou&s;e re&s;tored Ma|&s;ter <HI>Martin,</HI> and thought fit to &s;et every mans tongue at liberty to &s;peak truth even again&s;t the King him&s;elf; and now every day words of a higher nature are &s;poken again&s;t him, by the well-affected
<PB N="98" REF="54"> Godly in the Hou&s;e. After many threats u&s;ed by <HI>Went|worth, Ven, Harvy, Scot, Gourdon, Weaver, &amp;c.</HI> The &s;aid di&s;abling Order was repealed.</P>
<P><NOTE PLACE="marg">93. Members ad|ded to the Committee of Safety at <HI>Dar|by hou&s;e.</HI></NOTE>About the &s;ame time the Lords &s;ent a Me&s;&s;age to the Commons, that <HI>they had named &s;ix Lords to be added to the Committee of &s;afe|ty, and de&s;ired the Hou&s;e to adde twelve Commons to them.</HI> (This had five or &s;ix times been brought down from the Lords before, and received &s;o many denials, but the Lords would not acquie&s;ce) the Me&s;&s;age came down about one of the Clock, the Hou&s;e be|ing thin, many argued again&s;t it, &s;aying, that there were &s;even Lords and fourteen Commons of that Committee already, enough (if not too many) to di&s;patch bu&s;ine&s;&s;e with &s;ecrecy and expedi|tion; that to adde &s;ix Lords more to them was (in effect) to make the whole Hou&s;e of Peers of that Committee; &s;o the whole Hou&s;e of Peers, and twenty &s;ix of the able&s;t and be&s;t &s;poken Com|mons being ingaged in that Committee, that Committee would &s;way the Hou&s;es which way they plea&s;ed; draw, by degrees, all power and authority from the Parliament to them&s;elves; cau&s;e the Hou&s;e to adjourn at plea&s;ure, or leave them &s;o evirtu|ated, and enervated, that they &s;hould no longer keep the dignity nor Authority of a Parliament; contrary to the tru&s;t repo&s;ed in them by tho&s;e that cho&s;e them, and contrary to the tenor of the Writ of Election. It were more for the &s;ervice of the Common|wealth to examine what the powers of that Committee are, and to &s;et a &s;hort time to its continuance, and not leave it indefinite as now it is. After more than an hours debate, the Speaker (in&s;tead of putting the que&s;tion, whether an addition or no?) called to have the names read, fir&s;t of the Lords, who were Vo|ted, one, by one; and then the Commons were named, who are almo&s;t all Independents; <HI>Weaver</HI> excepted again&s;t the naming of Major Gen. <HI>Brown</HI> to be of that Committee, for being di&s;affe|cted to the Army; to which Major Gen. <HI>Brown</HI> gave a di&s;creet and hone&s;t An&s;wer; in reply to which, <HI>Weaver</HI> concluded, That the Parliament in the po&s;ture it was in, was not likely to &s;ave the Kingdom, but the Committee of Safety and the Army mu&s;t &s;ave it: whereupon &s;atisfaction was demanded again&s;t <HI>Weaver</HI> for di&s;honouring the Parliament, and alleged that the Honour of the Parliament was more con&s;iderable than the Ho|nour
<PB N="99" REF="54"> of the Army, and ought to be vindicated before the Honour of the Army, what&s;oever their Agents and Servants in the Hou&s;e (who gained by them) thought to the contrary, unle&s;&s;e they would acknowledg the Parliament to be &s;ubordinate to the Army. It was farther &s;aid, that if the Parliament &s;hould relinqui&s;h the work of &s;etling Peace, Religion, Laws, and Liberties in the King|dome to the Committee of Safety, (as the Gentleman that &s;pake la&s;t &s;eems to intimate, that in order thereto, the &s;aid Committee is enlarged) the Parliament &s;hould for&s;ake their tru&s;t, and be no longer a Parliament, and all they had done, and &s;hould doe in that way, (even the erecting, empowering, and enlarging of that Committee) is void in law. Note, that &s;everal Orders have been made, appointing &s;et days to examine the powers of this Commit|tee, and limit a time for its determination; but always upon the appointed days, either &s;ome Letters of news, or &s;ome new inven|ted Plots have been ca&s;t like &s;tumbling blocks in the way to put it off.</P>
<P>The like for &s;etling the general Militia of the Counties; all which are now left <HI>&s;ine die.</HI></P>
<P>Thurday, 15. <HI>June,</HI> Mr. Solicitor reported to the Hou&s;e,<NOTE PLACE="marg">94. 20. Royali&s;ts &s;ent to the General in lieut of 10. Committee-men in <HI>Colche|&s;ter.</HI></NOTE> That Sir <HI>William Ma&s;ham</HI> and the re&s;t of the Committee, were car|ried up and down in the head of <HI>Goring</HI>'s Army, hardly u&s;ed, and threatned to be in the front of the battel whem they came to fight: and moved that 20. of the Kings party &s;hould be &s;ei&s;ed, and &s;ent to the General to be u&s;ed in the like manner. But <HI>Gour|don</HI> moved, That the Lady <HI>Capell</HI> and her Children, and the La|dy <HI>Norwich</HI> might be &s;ent to to General with the &s;ame dire|ctions, &s;aying, <HI>their Husbands would be carefull of their &s;afety:</HI> and when divers oppo&s;ed &s;o barbarous a motion, and alleged, <HI>the Lady</HI> Capell <HI>was great with child near her time, Gourdon</HI> pre&s;&s;ed it the more eagerly, (as if he had taken the General for a Man-midwife) he was &s;econded by <HI>Ven,</HI> Sir <HI>Hen. Mildmay, Tho. Scot, Blackstone, Hill</HI> of Haberda&s;hers-hall, <HI>Purefoy, Miles Corbet,</HI> &amp;c. Note that <HI>Ru&s;hworth</HI> (Secretary to the General) reported at the Commons Bar, <HI>The Committee were well u&s;ed and wanted nothing.</HI> And though they have had many Fights and Sallies, they did ne|ver put any of the Committee in the Front; &s;o that it &s;hould &s;eem this is only a fabulous pretence to carry 20. of the Kings
<PB N="100" REF="55"> party in <HI>Front</HI> before them to facilitate and &s;ecure their Approa|ches again&s;t the Enemies &s;hot, which is the more credible, becau&s;e the &s;en&s;e of the Hou&s;e was, <HI>not to exchange the&s;e for the Committee.</HI> This is to cheat the Enemy of a Town, not to conquer it. Behold the Saints way of getting Victories, and <HI>Cromwell</HI> practi<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">eth the &s;ame in <HI>Wales,</HI> as I hear.</P>
<P>And that it may farther appear, this Saint-like Army neither Conquers by Miracle, nor the Sword, but by the battery of An|gels, I can a&s;&s;ure you, that lately one of the &s;etting-bitches of the&s;e States (as they now call them&s;elves in their foreign negotiations) the <HI>hogen mogens</HI> of <HI>Derby-hou&s;e,</HI> the Lady <HI>Norton</HI> (Wife to bul-headed Sir <HI>Grig.</HI>) offered a large &s;um of money to a Gentle|woman to procure her Husband to yield up a Hold he keepes for the KING, u&s;ing this argument to per&s;wade it, <HI>That most of the good Towns they &s;eemed to conquer, were purcha&s;ed of men that had wit enough to respect them&s;elves,</HI> (for you mu&s;t know that this virtuous Lady trucks as well for &s;trong Townes and Forts, as for Plackets and other weaker pieces) but the motion was con|temned; And the General having gotten together the Trained men of <HI>Suffolk</HI> and <HI>E&s;&s;ex</HI> to a&s;&s;i&s;t him, putteth them in the Forlorne Hope in all his &s;tormings of the Town of <HI>Colche&s;ter,</HI> and drives them on with his Hor&s;e, u&s;ing them as the Turk u&s;eth his <HI>A&s;api</HI> to dead the fir&s;t fury and edge of the Enemy, that his Jani&s;a|ries may at la&s;t come on with the more &s;afety, and carry the bu&s;i|ne&s;&s;e.</P>
<P><NOTE PLACE="marg">95. The National Covenant.</NOTE>Saturday, 17. <HI>June.</HI> It was moved that no Commi&s;&s;ions might be granted to any Commanders or Officers, until they had taken the National Covenant: again&s;t which, it was argued, That the Covenant was become the pretence of all Rebellions and In&s;ur|rections; that mo&s;t of them that had Rebelled in <HI>Wales, Kent, E&s;&s;ex,</HI> had taken it; but tho&s;e that refu&s;ed it were true friends to the Parliament, and had done them gallant &s;ervice. That the Covenant had &s;o many various interpretations put upon it, that no man knew what to make of it, or how with a &s;afe Con&s;cience to take it: thus argued the Independent, as if the Covenant were <HI>malum in &s;e.</HI> To which was an&s;wered, that by this la&s;t rea|&s;on, they might lay a&s;ide the Scriptures, which were frequently and variou&s;ly mi&s;-interpreted by Hereticks and Shi&s;maticks. If the
<PB N="101" REF="55"> Covenant in its own nature were the cau&s;e of In&s;urrections, it was unwi&s;ely done of the Parliament to impo&s;e it upon men; and to tie them by Vow to defend it, and one another in defence of it, with their lives and fortunes, what&s;oever number of Armed men &s;hould gather together in defence of the Kings Per&s;on, Crown and Dignity, or of Religion, Laws, Liberties, or of Pri|vileges of Parliament, according to the &s;aid Covenant they have the authority of Parliament, nay of Heaven (where their Vow is recorded) for what they do, and cannot be &s;aid to Rebell, or War again&s;t the Parliament, but again&s;t a Faction, who having de&s;erted or never taken the Covenant, to carry on new de&s;igns for their own advantage: do now mi&s;-apply the title of <HI>Ma|lignant</HI> and <HI>Rebell,</HI> to tho&s;e which fight for the Covenant, becau&s;e they will not change their principles with them for Company. And upon this ground onely were the four Aldermen, &s;even Lords, Sir <HI>John Maynard,</HI> &amp;c. impeached and impri&s;oned one|ly for &s;uch actions as the Covenant (which they took by au|thority of Parliament) bound them in con&s;cience unto; and for which they had a &s;pecial Ordinance of Parliament, made this very Se&s;&s;ions, and not to rai&s;e a new War as was &s;candalou&s;ly and violently enforced upon them: Had it come to a new War, it mu&s;t have been laid at their doores that &s;ubvert the Principles in the Covenant. Many have taken the Covenant in obedience to you, and are bound up by it; and now to leave other men at large not to take it, and accu&s;e them of <HI>Trea&s;on</HI> for endeavouring to keep it, is very unju&s;t. You have lately promi&s;ed the Scots, <HI>you will adhere to the Covenant:</HI> How can they believe this, unle&s;&s;e you injoyn all to take it? And &s;o long as you put all the Arms, Garri&s;ons, and &s;hips of the Kingdom, and all places of power, profit and preferment, into the hands of Schi&s;maticks and Anti|monarchi&s;ts, who&s;e principles and actings run counter to the Covenant, and &s;uch as talk much of your &s;ervice, but have done onely their own, in order to which, they refu&s;ed to obey you and Disband, ravi&s;hed the King from you at <HI>Holdenby,</HI> kept you in ward&s;hip ever-&s;ince, and di&s;honoured and brought you low <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> trea&s;onable, &s;candalous, threatning Engagements, Declarati<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Remon&s;trances, and other Papers? But tho&s;e that would have had the Covenant current, could not get the que&s;tion put.</P>
<PB N="102" REF="56">
<P><NOTE PLACE="marg">96. <HI>O<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">burn's</HI> in|formation concerning a de&s;ign to mur|der the King. See <HI>[The Inde|pendents loyal|ty]</HI> a Book &s;o called.</NOTE>Upon Saturday, 17 <HI>June</HI> 1648, about one of the clock after|noon (mo&s;t of the Hou&s;e being gone to dinner, and very few Presbyterians left) the Speaker of the Hou&s;e of Commons &s;tood up and told the Hou&s;e, that he had received Letters from <HI>Ri|chard Osburn</HI> (he that projected to deliver the King out of the cu&s;tody of Colonel <HI>Hammond</HI> at <HI>Carisbrook-Castle</HI>) that he conceived the Letters tended only to the &s;etting of us altogether by the Ears; and propounded, whether they &s;hould be read or no? &s;ome were again&s;t the reading of them, but the Major part called to have them read; which was do<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e accordingly. The Letter to the &s;aid Speaker had a copy of another Letter enclo|&s;ed in it, to the Lord <HI>Wharton,</HI> which bore date 1 <HI>June,</HI> 1648. to this purpo&s;e, <HI>Giving his Lord&s;hip to under&s;tand, That upon pri|vate conference with Captain</HI> ROLF (<HI>a man very intimate with Colonel</HI> Hammond, <HI>and high in the e&s;teem of the Army) the &s;aid Captain</HI> Rolf <HI>told him</HI> (the &s;aid <HI>Osburn) that to his know|ledge</HI> Hammond <HI>had received &s;everal Letters from the Army, advi&s;ing him to remove the</HI> KING <HI>out of the way by Poy&s;on, or any other means, for it would much conduce to their affairs. But</HI> (&s;aid <HI>Rolf</HI>) Hammond <HI>had a good allowance for keeping the</HI> KING, <HI>and is therefore unwilling to lo&s;e &s;o beneficial an imployment. But</HI> (&s;aith Rolf) <HI>if you will joyn with me, we will endeavour to con|vey away the</HI> KING <HI>to &s;ome &s;ecret place, and we may then do what we will with Him. Osburn</HI> offers in his &s;aid Letter, <HI>That if he may come and go with &s;afety, he would come and ju&s;tifie the &s;ame upon Oath.</HI> He likewi&s;e writ to the Speaker of the Lords Hou&s;e about it. Then was read <HI>Osburn's</HI> Letter to Mr. <HI>Lenthall</HI> Speaker, dated 10. <HI>June</HI> 1648. containing the &s;ame Narration, with an offer to appear, and make it good upon Oath if he might come and go with &s;afety and freedom. The Clerk had no &s;ooner done reading this Letter, but with a &s;light neglect, and the laughter of &s;ome Mem|bers, the bu&s;ine&s;&s;e was pa&s;&s;ed over without debate, and Mr. <HI>Scawen</HI> &s;tood up to propound a new bu&s;ine&s;&s;e from the Army; when pre|&s;ently&punc; Mr. <HI>Walker</HI> interrupting <HI>Scawen,</HI> de&s;ired to &s;peak a <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> to the late bu&s;ine&s;&s;e; and asked Mr. Speaker, <HI>from whence <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Letter came, and who brought it?</HI> the Speaker called upon the Sergeant of the Mace, who An&s;wered, <HI>The Letter was given him at the door by a man that he knew not; that he had many Letters and
<PB N="103" REF="56"> Papers thru&s;t upon him of which he could give no account, but he would endeavour to find the Me&s;&s;enger.</HI> Then Mr. <HI>Walker</HI> urged that <HI>&s;uch an information coming to the Hou&s;e ought not to be neg|lected whether true or fal&s;e, but to be examined and &s;ifted to the bottom. If the</HI> KING <HI>&s;hould die a naturall death, or any mi&s;chance befall him, (the People calling to mind how little care we had taken of his &s;afety) would never be &s;atisfied with our prote&s;tation;</HI> and moved, <HI>that a Committee might be named to examine</HI> Osburn, Rolf, Hammond, <HI>and &s;uch others who&s;e names &s;hould occur in the Examination.</HI> This was &s;econded by Sir <HI>Simond Dewes,</HI> Mr. <HI>Hen|ry Hungerford,</HI> Mr. <HI>Edward Stevens,</HI> and &s;ome others, who pre&s;|&s;ed it farther, but received a &s;light An&s;wer. <HI>That tho&s;e that de&s;i|red to examine the bu&s;ine&s;&s;e knew not where to find</HI> Osburn. <HI>That</HI> Osburn was a Malignant, <HI>and had attempted to &s;et the</HI> KING <HI>at liberty.</HI> To which Mr. <HI>Walker</HI> replied, <HI>That the other day we had named a Committee to examine the bu&s;ine&s;&s;e concerning the Foot-boy that &s;trook Sir</HI> Henry Mildmay, <HI>and yet we neither knew then where to find the Foot-boy, or what his name was. If we do but publi&s;h that</HI> Osburn <HI>&s;hall with freedom and &s;afety come and go, in ca&s;e he appear to make good his Charge, either he will appear, or we &s;hall declare him an Impo&s;tor, and puni&s;h him when we take him, and clear the reputation of tho&s;e upon whom this Letter &s;eems to reflect. Con&s;ider how va&s;t a difference there is between beating a Subject, and Killing a King. And if</HI> Osburn <HI>(whom I know not) be a Malignant, yet unle&s;&s;e you can prove him a Nullifidian, or a per|&s;on convict of Perjury, both according to the Rules of Chri&s;tian Charity, and in the charitable intendment of our Laws, his Oath is valid and good.</HI> Then <HI>Tho. Scot</HI> &s;tood up and &s;aid, <HI>That this pre&s;&s;ing for a Committee to examine this bu&s;ine&s;&s;e, was but a device to draw Colonel</HI> Hammond, <HI>and</HI> Rolf, <HI>up to Town to be examined, that the</HI> KING <HI>might the ea&s;ier make an e&s;cape.</HI> And Sir <HI>John Evelin</HI> of <HI>Wilts,</HI> alleged <HI>that he conceived this was an invention of</HI> Osburns <HI>to bring the King to Town with Honour, Freedom, and Safety.</HI> Then <HI>Walker</HI> &s;tood up again, but was interrupted by Ma&s;ter <HI>Hill,</HI> and not &s;uffered to &s;peak, having already &s;poken twice. At the end of almo&s;t every motion made for a Committee to examine the bu&s;ine&s;&s;e, either Mr. <HI>Scawen,</HI> or Major General <HI>Skippon</HI> &s;tood up and offered to divert the bu&s;ine&s;&s;e by new matter con|cerning
<PB N="104" REF="57"> the Army, which u&s;ually beareth all other bu&s;ine&s;&s;es down before it. At la&s;t tho&s;e few that moved for an Examina|tion of this Information, having &s;poken as often as the Orders of the Hou&s;e do permit, were forced to be &s;ilent; &s;o the bu&s;ine&s;&s;e was buried in &s;ilence. I hear that &s;ome of the Lords called upon this bu&s;ine&s;&s;e the Monday following, being the 19 of <HI>June,</HI> and that the Lord <HI>Wharton</HI> being asked, <HI>why he did not impart</HI> O&s;|burn's <HI>&s;aid Letters to the Hou&s;e?</HI> An&s;wered, <HI>That as &s;oon as he opened the &s;aid Letter he received from</HI> Osburn, <HI>and &s;aw his name at the bottom, he looked upon the bu&s;ine&s;&s;e as not con&s;iderable:</HI> yet he &s;ent the Letter to <HI>Hammond.</HI> Upon Tue&s;day, 20 <HI>June,</HI> The Lords &s;ent a Me&s;&s;age to the Commons; the fir&s;t paper whereof concerned <HI>Osburns</HI> &s;aid Letters: they de&s;ired <HI>that forty days might be a&s;&s;igned for</HI> Osburn <HI>to come and goe with &s;afety to make good his information.</HI> But Sir <HI>William Armine</HI> &s;tood up, and de&s;ired, <HI>That the minutes of two Letters prepared to be &s;ent into into</HI> Holland <HI>and</HI> Zealand <HI>concerning our Revolted &s;hips might be fir&s;t dispat|ched, as being of pre&s;ent u&s;e.</HI> And when the bu&s;ine&s;&s;e was ended, Mr. <HI>Pierpointe</HI> propounded another part of the &s;aid Me&s;&s;age. So <HI>Osburn's</HI> Information was left <HI>&s;ine die,</HI> for that time, but &s;ince, the Lords have quickned it, and 40 days are given to <HI>Osburn</HI> to come and go with Freedom and Safety to make good his information; who is come, and avoucheth it; and one <HI>Dowcett,</HI> &s;peaketh much in affirmation of a de&s;ign of <HI>Rolfes</HI> to pi&s;tol the King. <HI>Rolf</HI> pre&s;ents him&s;elf at the Commons Bar with a Letter from <HI>Ham|mond,</HI> which denies the De&s;ign, and pleads <HI>Rolfes</HI> cau&s;e for him. <HI>Rolf</HI> denied it at the Commons Bar with a trembling voice, yet afterwards hid out of the way; but being di&s;covered upon &s;earch, he was found to have a Byle upon him, that di&s;abled him from riding, otherwi&s;e (it is thought) he would have fled far enough. I do not hear that <HI>Hammond</HI> is yet &s;ent for, or que&s;tioned. And for <HI>Osburn's</HI> indeavour to convey his Maje&s;tie from <HI>Carisbrook-Castle,</HI> it is alledged, he did it with a charitable intent to pre|&s;erve his life, and not of any di&s;affection to the Parliament, to which he hath been affectionately &s;erviceable. Though many take offence at Ma&s;ter <HI>Walker,</HI> as if his &s;tirring of his bu&s;ine&s;&s;e were onely to ca&s;t an a&s;per&s;ion upon the Army: yet (I conceive) that what he did was commendable, in di&s;charge of the duty he
<PB N="105" REF="57"> owes to God, his King, and Country, and of his tru&s;t as a Member of the Repre&s;entative body of this Kingdom, and in performance of the obligations which the Oath of Allegiance, the Parliaments Prote&s;tation, the National Covenant, and the known Laws of the Land lay upon him, which duty he was bound to perform, (though with the extreme&s;t hazard of his life and fortunes) and though he may happily hope better things of this Army, yet &s;ince neither the Laws of the Land, nor common rea&s;on warrants him to pre&s;ume upon his own private hopes and judgment (things which often deceive the wi&s;e&s;t men in matters of far le&s;&s;e mo|ment) he could do no le&s;&s;e than free his con&s;cience, by making the whole Hou&s;e Witne&s;&s;es of the cleerne&s;&s;e of his actions and intentions. Con&s;idering,</P>
<P N="1">1. The many high &s;peeches and threats often u&s;ed again&s;t the King in all places, none excepted.</P>
<P N="2">2. The dangers the King e&s;caped from this very Army, which drove him from <HI>Hampton-Court</HI> to the <HI>I&s;le</HI> of <HI>Weight;</HI> and may po&s;&s;ibly pur&s;ue him thither.</P>
<P N="3">3. The Antimonarchical Principles wherewith many Members of this Army, and their Chaplians, and many el&s;ewhere are &s;ea&s;oned, who cannot govern this Kingdome at their plea&s;ure by a military Olygarchy of Grandees of the Committee of Safety at <HI>Derby-hou&s;e</HI> and the Army (and &s;o e&s;tabli&s;h the Kingdom of the Saints) nor yet bring it to their own <HI>levell,</HI> but by taking off <HI>&s;umma papa|verum capita,</HI> all that is high and eminent. There is a Crowned Head in their way which mu&s;t be removed.</P>
<P N="4">4. The corrupted fanta&s;ies of many Antimonarchical Schi&s;ma|ticks with Revelations and Raptures, who &s;erve the Devil for Gods &s;ake; making him the Author, and the doing of his will the pretence of all their crimes and villanies.</P>
<P N="5">5. The many de&s;per<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">te guilty per&s;ons that fear peace; and are re&s;olved, now the Sword is out, to burn the Scabbard. The&s;e look upon the King with an evil eye, as the Centre in whom all Intere&s;ts mu&s;t unite before we can have Peace. De&s;pair tempts the&s;e men to make one &s;in a degree, and &s;tep to a higher. The&s;e three la&s;t fort of men having ca&s;t off all fear of God, will as ea&s;ily contemn Gods &s;ub&s;titute, the King; as he that ca&s;ts off all reverence to the King will contemn his &s;ub&s;titute, a Con&s;table.</P>
<P N="6"><PB N="106" REF="58">6. The continual endeavours of the Grandees of <HI>Derby-hou&s;e</HI> and the Army, to put all the Armes, Garri&s;ons, Ships, and Strengths of the Kingdom into the hands of Antimonarchical, Schi&s;matical Independents: in order to which, they are rai&s;ing of new Forces, and erecting new Garri&s;ons in mo&s;t Counties. The&s;e men when they could not get a power from the Hou&s;e of Commons to rai&s;e what Forces they plea&s;ed, (for when it was moved, they there or|dered, <HI>that no more motions &s;hould be made for rai&s;ing new Forces, but between the hours of ten and twelve</HI>) yet what they could not get by their leave, they now take without their leave: the Gene|ral granting Commi&s;&s;ions for rai&s;ing and li&s;ting Hor&s;e and Foot in almo&s;t all Counties; for example, Sir <HI>Hardre&s;&s;e Waller</HI> (that one eyed <HI>Polyphemus</HI> of Pa&s;tebord) lately &s;ent forth Commi&s;&s;ions in the County of <HI>Devon:</HI> (by virtue (as his Commi&s;&s;ions &s;ay) of the power granted him from his Excellency) for rai&s;ing, li&s;ting, and training Hor&s;e and Foot, which &s;hall be no burden to the Country, but be in pay with the re&s;t of the army. In the&s;e Com|mi&s;&s;ions he &s;tileth him&s;elf <HI>(untruly) Commander in cheif of all the forces of the five We&s;tern A&s;&s;ociat Counties:</HI> and gave authority and encouragement to the well affected (that is, to Independents, Se|ctaries, Antimonarchi&s;ts, and the more de&s;perate, forlorn &s;ort of people) to enter into, and &s;ub&s;cribe Engagements, <HI>to live and die with the Army</HI> (an imitation of the Members Engagement) <HI>in de|fence of the Parliament,</HI> (that is, of the ingaged faction of Inde|pendents, Schi&s;maticks, and corrupt per&s;ons, whom only the Army looks upon as the Parliament) witne&s;&s;e the Declaration of Sir <HI>Thomas Fairfax,</HI> and his Council of War, &s;hewing the grounds of his advancing up to <HI>London.</HI> This u&s;urpation was complained of in the Hou&s;e of Commons, Monday 19. <HI>June,</HI> and prohibited then by Order.</P>
<P N="7">7. Peradventure the rea&s;on why this Letter was publi&s;hed &s;o un&s;ea&s;onably in a thin Hou&s;e, in &s;o &s;light and &s;urreptitious a way (as afore&s;aid) was, in hope it would have been pa&s;&s;ed over in &s;i|lence (as it had like to have been) and &s;o the whole Hou&s;e &s;hould have been engaged in the crime (if any &s;uch thing be intended) as <HI>guilty of connivance and negligence,</HI> though <HI>not as Actors guilty of the fact.</HI> The main &s;cope of this party hath ever been, <HI>by Treaties of Accommodation, uniting all Intere&s;ts,</HI> and other devices, to in|volve
<PB N="107" REF="58"> others in their crimes, to infect others with their di&s;ea&s;es; that all &s;tanding in need of one and the &s;ame de&s;perate way of cure, may joyntly have the &s;ame friends and foes, and the &s;ame &s;ins and quarrels to defend.</P>
<P N="8">8. Friday, 16 <HI>June</HI> 1648. I was told, the Committee of <HI>Der|by hou&s;e</HI> had lately received a Letter from Col. <HI>Hammond,</HI> Gover|nour of <HI>Carisbrook</HI> Ca&s;tle, informing them, <HI>That unle&s;&s;e they &s;up|plied him with Mony and Men, he could give no good account of the King, in ca&s;e the Revolted &s;hips &s;hould attempt his re&s;cue:</HI> and far|ther, <HI>That he had matters of great importance to communicate to them, but dur&s;t not commit them to Paper; but if they would &s;end for him up, or &s;end a Confident of theirs to him, he would impart them.</HI> This may probably be the bu&s;ine&s;&s;e whereof <HI>Osburne</HI> gives information in his &s;aid Letters; and it may be Mr. <HI>Walker</HI> had heard of this report in the Hall, as well as my &s;elf, and might have the &s;ame conceit of it, that I have; if it be lawfull for me to take mea&s;ure of another mans judgement by my own.</P>
<P N="9">9. La&s;tly, who knows whether a powerfull de&s;perate party, may have a de&s;ign to take away the <HI>Kings life,</HI> and then declare his two elde&s;t Sons uncapable of Government; &s;uppo&s;ing they de&s;erted the Kingdom, and invited forreign States to invade it: and then Crown the Duke of <HI>Glouce&s;ter,</HI> and &s;o (abu&s;ing his tender years) u&s;urp the protection of him, and under colour of that authority, e&s;tabli&s;h (by degrees) their own u&s;urpation, and the peoples &s;lavery; having &s;ubdued their &s;pirits by a long and cu&s;to|mary bondage, under them; and having filled all places of power, profit and preferment in the Kingdom with men of their own principles and Intere&s;ts, their own creatures and Confidents? This Army (la&s;t <HI>April</HI>) in their Council (among&s;t other things) debated, <HI>The Depo&s;ing of the KING,</HI> (why not murdering as well, &s;ince few Kings are depo&s;ed and not murdered?) <HI>Di&s;-inhe|riting the PRINCE, and Crowning the D&V;KE of YORK:</HI> which was then approved of by <HI>Cromwell</HI> and <HI>Ireton.</HI> Why may they not now di&s;-inherit both the elder Sons, and Crown the Duke of <HI>Gloucester</HI> as well? See the excellent <HI>Remon&s;trance</HI> of the <HI>Colche&s;ter</HI> Knights and Gentlemen, 1648. which I have Prin|ted herewith for your &s;atisfaction. That &s;ome &s;uch de&s;ign might be to make away the <HI>KING,</HI> and di&s;-inherit the <HI>PRINCE,</HI>
<PB N="108" REF="59"> may well be &s;u&s;pected; becau&s;e the 12. day of <HI>July,</HI> upon infor|mation, <HI>That the Prince had &s;ent into</HI> England <HI>&s;ome Blank Com|mi&s;&s;ions to Li&s;t men: Weaver</HI> (an Implement of the Army, and Son to an Ale-hou&s;e-keeper in <HI>Wili&s;h.</HI>) moved the Hou&s;e of Commons <HI>to Vote the Prince a Traytor, &amp;c.</HI> And (I hear) that Mr. Solicitor (contrary to his Oath and duty of his place) <HI>refu&s;eth to be of Coun|cil again&s;t the &s;aid</HI> Rolf; this Gentleman the Solicitor hath got above 300000 l. by keeping open &s;hop to &s;ell the cruell mercies of the new Great Seal to the Royali&s;ts.</P>
<P><NOTE PLACE="marg">97. <HI>Trinity-hou&s;e</HI> Petition for a Per&s;onal Treaty.</NOTE>The 29. <HI>June.</HI> A Petition was delivered the Hou&s;e of Com|mons from the Ma&s;ters of <HI>Trinity-hou&s;e,</HI> Ma&s;ters and Captains of Ships and Sea-men, <HI>for a Per&s;onal Treaty with the</HI> KING; <HI>de|claring the great decay of trade, to the undoing of many thou&s;and fa|milies, and that they would not fight against the revolted &s;hips, their Brethren, who de&s;ired but the &s;ame things with th<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">.</HI> Tho. Scot &s;aid, <HI>That the</HI> Surrey-men <HI>fir&s;t delivered a Petition for a Per&s;onal Treaty, which was &s;econded by the</HI> Kenti&s;h-men <HI>in Armes, and they by the City of</HI> London,: <HI>that all this was a de&s;ign to ruine the Godly party. That he had read of a Man, who being asked when he was young, Why he did not marry? An&s;wered, It was too &s;oon: and be|ing asked the &s;ame question when he was old, An&s;wered, it was too late. So he was of opinion there could be no time &s;ea&s;onable for a per|&s;onal Treaty, or a Peace with &s;o perfidious and implacable a Prince; but it would always be too &s;oon or too late. He that draws his &s;word upon his King mu&s;t throw his Scabbard into the fire. All peace with him will prove the spoil of the Godly.</HI> To which was An&s;wered, <HI>That &s;ome men got well by fi&s;hing in troubled waters; and accounted peace their &s;poil, becau&s;e war was their gain: and they looked upon a Per&s;onal Treaty as a de&s;ign again&s;t them</HI> (under the notion of the Godly, Hone&s;t, Confiding party) <HI>becau&s;e a Per&s;onal Treaty was the high way to peace. But the generality of the people</HI> (who were de&s;poyled of their E&s;tates by the War) <HI>re&s;olved upon a Per|&s;onal Treaty, without which there is no hope of Peace: they would no longer be made fuel to that fire wherein the&s;e Salamanders live; nor any longer feed tho&s;e Hor&s;e-leeches,</HI> (the Army, their engaged party and Servants) <HI>with their blood and marrow.</HI> It now appears who de&s;ire a new War; namely, tho&s;e Zealots who &s;upply their indigent fortunes by War. The&s;e men fear peace, doubting they
<PB N="109" REF="59"> &s;hall be forced to di&s;gorge what they have &s;wallowed in time of War: <HI>Ven, Miles Corbet, Hill</HI> the petty Lawyer of Haberda&s;hers hall, the two <HI>A&s;hes,</HI> Col. <HI>Harvy,</HI> and many other thriving Saints, oppo&s;ed a Per&s;onal Treaty; &s;o their Petition had no &s;ucce&s;&s;e. I hear that (not many days after) the Committee of <HI>Derby hou&s;e</HI> (to take off this affront) imployed Col. <HI>Rainsborough</HI> (the <HI>quon|dam Neptune</HI> of our Seas) to go up and down and &s;olicit the Com|mon &s;ort of Marriners to &s;ub&s;cribe, and pre&s;ent the Hou&s;e of Com|mons with a counter Petition, wherein <HI>they offered to live and die with the Parliament, &amp;c.</HI> and that <HI>Rainsborough</HI> gave 12 d. a piece to as many as &s;ub&s;cribed it. This Petition was delivered.</P>
<P>The 2 of <HI>July,</HI><NOTE PLACE="marg">98. The City Pe|titions for a per&s;onal Treaty.</NOTE> and after that (upon occa&s;ion of the City Petition <HI>for a Per&s;onal Treaty in</HI> London) upon the 5 of <HI>July,</HI> the Hou&s;e of Commons again took into debate a <HI>Per&s;onal Treaty.</HI> They &s;pent much time upon the place where?</P>
<P N="1">1. <HI>Whether in the</HI> I&s;le of Wight? which the Independents prin|cipally affected.</P>
<P N="2">2. <HI>Holdenby?</HI> which they next inclined unto.</P>
<P N="3">3. <HI>Or any his Hou&s;es not nearer than</HI> 10 <HI>miles of</HI> London: <HI>at his own choice.</HI></P>
<P N="4">4. <HI>Or in the City of</HI> London?</P>
<P>Which two la&s;t places the Presbyterians approved of, but chiefly <HI>London:</HI> for <HI>London,</HI> it was argued, <HI>That the Com|mon Council and Officers of the Souldiery would undertake for His &s;afety again&s;t all Tumults. In any other place he would be within the power of the Army; who might probably take him away again (as they did at</HI> Holdenby) <HI>if they liked not the manner and matter of the Treaty.</HI> London <HI>was a place of mo&s;t Honor, Safety, and Free|dom; and would be&s;t &s;atisfie the</HI> KING, <HI>the</HI> Scots, <HI>the people: In all other places (e&s;pecially</HI> the I&s;le of <HI>Wight) He would be &s;till a pri&s;oner to the Army; and therefore all he &s;hould agree to, would be void by rea&s;on of</HI> Dures. Sergeant <HI>Wylde</HI> An&s;wered, <HI>That</HI> Cu|&s;todia did not <HI>always in Law &s;ignifie</HI> Impri&s;onment; <HI>Though He was under re&s;traint of the Army. He was not in Pri&s;on;</HI> making a wyld kind of (non&s;en&s;e) difference between <HI>Re&s;traint</HI> and <HI>Legal Impri&s;onment,</HI> (which all but him&s;elf laughed at.) <HI>The King cannot plead</HI> Dures, <HI>no man can impri&s;on or hurt the King in his politick capacity as King, though in his natural capacity, as man, he is as
<PB N="110" REF="60"> pa&s;&s;ive as other men.</HI> To which was replyed, <HI>That it had been fre|quently &s;aid in the Hou&s;e, the King was a pri&s;oner. That there was no difference in Law, between a re&s;traint and an impri&s;onment, whe|ther legal, or illegal. A tortious re&s;traint is called in Law, a</HI> fal&s;e Impri&s;onment. <HI>That former Kings have avoided their own Acts by pleading</HI> Re&s;traint <HI>(or Impri&s;onment) and</HI> Con&s;traint, <HI>as R.</HI> 2. <HI>H.</HI> 3. <HI>That the King may as well plead</HI> Impri&s;onment, <HI>as the Parliament plead a</HI> Force, which they have lately done. That the Kings Re|&s;traint in Law is <HI>Arcta custodia,</HI> God grant it be <HI>&s;alva cu&s;todia;</HI> we have lately had Information to the contrary. The di&s;tinction between the Kings <HI>natural</HI> and <HI>politique capacity</HI> was Trea&s;on in the <HI>Spencers,</HI> and &s;o declared by 2 Acts of Parliament in the time of <HI>Edw.</HI> 2. and <HI>Edw.</HI> 3. See <HI>Calvins</HI> ca&s;e in my Lord <HI>Cook,</HI> they are un&s;eparable by the Law. <HI>Tho. Scot</HI> argued, <HI>That the City was as ob|noxious to the Kings anger as any part of the Kingdom; and if the Treaty &s;hould be in</HI> London, <HI>who &s;hall &s;ecure us that the City will not make their Peace with the inraged King, by delivering up our Heads to Him for a &s;acrifice, as the men of</HI> Samaria <HI>did the heads of the</HI> 70 <HI>&s;ons of</HI> Ahab? It was farther moved, <HI>That if the King came not to</HI> London, <HI>but to one of his hou&s;es about</HI> 10 <HI>miles from</HI> London, <HI>That He might be de&s;ired to give His Royal word to re&s;ide there untill the Conclu&s;ion of the Treaty.</HI> Col. <HI>Harvy</HI> &s;lighted this mo|tion, vilifying the Kings Royal word, and &s;aying, <HI>There was no tru&s;t in Princes;</HI> he alleged, <HI>the Kings promi&s;es had been frequent|ly broken; as when he prote&s;ted the &s;afety and privileges of Parlia|ment &s;hould be as precious to Him, as the &s;afety of His Wife and Children, and within three or four dayes after came with armed Guards to force the Hou&s;e,</HI> and other in&s;tances which have been too often remembred, and &s;hall be here omitted.</P>
<P>At la&s;t they fell upon a report, that the Committee of Lords and Commons had Voted, <HI>They would not in&s;i&s;t upon the</HI> 3 <HI>Votes prepa|ratory to a Treaty,</HI> viz. <HI>Presbytery, the Militia, and recalling all De|clar. Procla. &amp;c.</HI> This was long argued to and fro. At la&s;t it was Voted, <HI>That the King be de&s;ired to a&s;&s;ent to the &s;aid</HI> 3 <HI>preparatory Propo&s;itions,</HI><NOTE PLACE="marg">99: My Lord <HI>Say's</HI> di&s;cour&s;e a|bout a Per&s;o|nal Treaty.</NOTE> <HI>and &s;ign them with his hand, to be pa&s;&s;ed as acts of Par|liament when the King &s;hall come to</HI> We&s;tmin&s;ter.</P>
<P>My Lord of <HI>Warwick</HI> had moved in the Lords Hou&s;e about this time <HI>for a Per&s;onal Treaty,</HI> and was &s;econded by the Earl of
<PB N="111" REF="60"> <HI>Northumberland;</HI> but my Lord <HI>Say</HI> oppo&s;ed it, and prevailed a|gain&s;t it: afterwards my Lord <HI>Say</HI> in his way home vi&s;ited the Duke of <HI>Richmond,</HI> and among&s;t other di&s;cour&s;e, told the Duke, <HI>He was &s;orry to find &s;o great an indispo&s;ition to peace,</HI> &s;aying, <HI>he had moved for a Per&s;onal Treaty, but could not prevail;</HI> this was done upon hopes the Duke would have writ &s;o much to the Queen, or Prince. But the Earl of <HI>Holland</HI> coming that day to &s;ee the Duke, and the Duke relating to the Earl what the Lord <HI>Say</HI> had told him, the Earl of <HI>Holland</HI> di&s;covered the truth to him, and &s;o &s;poiled the de&s;ign: you &s;ee the Devil doth not always own the endeavours of his &s;ervants.</P>
<P>The &s;aid 5 <HI>July,</HI> the Speaker, as &s;oon as he &s;ate in his Chair,<NOTE PLACE="marg">100. The news of the D. of <HI>Buck.</HI> taking Arms.</NOTE> alarmed the hou&s;e of Commons with the news of the Duke of <HI>Buckingham's,</HI> and the Earl of <HI>Holland's</HI> drawing into an ho&s;tile po&s;ture; relating <HI>they were</HI> 2000. <HI>that they intended to take</HI> Lam|beth-hou&s;e, <HI>that the Bullets would pre&s;ently be about their ears if they did not ri&s;e;</HI> which put the zealots into &s;uch a rout, that they pre&s;ently cried, <HI>Adjourn, adjourn, until Monday;</HI> and had hardly &s;o much patience as to hear any rea&s;ons to the contrary; but this was but a counterfeit fear: the de&s;ign hid under it was, to prevent the City from bringing in that day their Petition <HI>for a Per&s;onal Treaty,</HI> and to leave the whole power of the Hou&s;e, during the Adjournment, to the Committee of <HI>Derby hou&s;e,</HI> to rai&s;e what Hor&s;e and Foot they plea&s;ed, under colour of &s;uppre&s;&s;ing this In|&s;urrection.</P>
<P>For when they found they could not prevail to Adjourn,<NOTE PLACE="marg">101. <HI>Skippon</HI> autho|rized to rai&s;e 1000 Hor&s;e.</NOTE> they moved for power to be given to Maj. Gen. <HI>Skippon</HI> to rai&s;e Hor&s;e, whether to po&s;&s;e&s;s the Avenues and pa&s;&s;ages from the City to the Earl of <HI>Hollands</HI> Army, or to keep the City under the terror of a Hor&s;e Guard, is doubtfull.</P>
<P>And the &s;ame day Mr. <HI>Swynfin</HI> reported from the Committee of Safety, <HI>That they offered to the Con&s;ideration of that Hou&s;e,</HI><NOTE PLACE="marg">102. A Report from <HI>Derby hou&s;e</HI> that the Mem|bers &s;hould underwrite for maintaining of Hor&s;e.</NOTE> <HI>that it was fit the Hou&s;e &s;hould have a Hor&s;e Guard, and that every Mem|ber &s;hould underwrite how many Hor&s;e he will pay for</HI> 10 <HI>days.</HI></P>
<P>This is refu&s;ed by &s;ome Gentlemen upon the&s;e grounds:</P>
<P N="1">1. <HI>It bears the aspect of an Impo&s;ition or Tax &s;et upon the Hou&s;e by their Committee.</HI></P>
<P N="2">2. <HI>The Members have not &s;uffered alike; and therefore cannot
<PB N="112" REF="61"> do alike, &s;ome have lo&s;t much and got nothing, others have got much and lo&s;t nothing: and it is not equal that Lo&s;ers &s;hould bear equall burthens with Getters, and contribute out of their Lo&s;&s;es to main|tain other mens Gains, and pre&s;erve them in their rich Offices, and Bi&s;hops Lands purcha&s;ed for little or nothing.</HI> Gentlemen are made Beggers, and Beggers Gentlemen.</P>
<P N="3">3. <HI>It is a dividing motion: tending to lay an imputation of Malig|nancy and di&s;-affection upon tho&s;e that cannot, as well as tho&s;e that will not, &s;ub&s;cr<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">be: and &s;o gives a great advantage to the Gainers over the Lo&s;ers,</HI> which the Lo&s;ers have no rea&s;on to &s;ubmit to.</P>
<P N="4">4. <HI>A Per&s;onal Treaty being now in debate: this motion makes ma|ny Members forbear the Hou&s;e, who cannot grant, and dare not de|ny: It carries with it therefore &s;omething of de&s;ign and terror, and &s;o takes away the liberty of Parliament, which when &s;o weighty a bu&s;ine&s;s is handling is ought to be.</HI></P>
<P><HI>If this Hor&s;e Guard be rai&s;ed, how &s;hall we a&s;&s;ure our &s;elves they &s;hall be Disbanded after ten days, being once under Command?</HI> It is therefore a &s;ubtile, malicious, tyrannous act, for the Committee of Safety to put &s;o tempting a motion upon the Hou&s;e, and give men cau&s;e to &s;u&s;pect that &s;omething of De&s;ign and Danger lies hid under it.</P>
<P><NOTE PLACE="marg">103. The device of a forged letter.</NOTE>About this time a Letter without any name &s;ub&s;cribed, was left at Major General <HI>Brown's</HI> hou&s;e, in his ab&s;ence: con&s;i&s;ting of two parts.</P>
<P N="1">1. <HI>A Preamble, of great re&s;pect and love born to him by the Epi|&s;toler for his fair carriage to the King, and good affection to peace, and reconcilement with the King.</HI></P>
<P N="2">2. <HI>An Admonition to look to him&s;elf, and moderate his Actions, the Army looking upon him as their onely Enemy, and Opponent in the City, le&s;t they &s;hould &s;eize upon him and carry him away, or do him &s;ome other mi&s;chief.</HI> This is conceived to be an Independent mou&s;e-trap &s;et up to catch a Presbyterian in; for if the Major Gene|ral had not di&s;covered the &s;aid Letter, and it had been found about him, or in his Hou&s;e; or if it had been te&s;tified that &s;uch a Letter was left at his hou&s;e and concealed: here had been matter enough for an Impeachment again&s;t him.<NOTE PLACE="marg">104. Corre&s;ponden|cy with <HI>Card. Mazerini.</HI></NOTE></P>
<P>The Grandees of <HI>Derby hou&s;e</HI> and the Army &s;olicit the de|taining of the PRINCE in <HI>France,</HI> and the delaying of his
<PB N="113" REF="61"> journey for <HI>England,</HI> le&s;t he trouble the yet un&s;etled Kingdom of the Saints. To negotiate which, they have an Agent lying Lieger with Cardinal <HI>Mazarini</HI> (the great French in&s;trument of State) who is &s;o well &s;upplied with Money, and &s;o open handed, That it hath been heard from <HI>Mazarin's</HI> own mouth, <HI>That all the money the Queen and Prince hath co&s;t the Crown of</HI> France, <HI>hath come out of the Parliament Pur&s;e with a good advantage.</HI> It is likewi&s;e &s;aid, <HI>Mazarini hath an Agent here, to drive on the Intere&s;ts of</HI> France <HI>in</HI> England.</P>
<P>The Grandees in reference to the pulling down of Monarchy,<NOTE PLACE="marg">105. <HI>Doleman's</HI> An|timonarchical Book printed.</NOTE> and the e&s;tabli&s;hing of their Olygarchy or Tyranny (contrary to their Remon&s;trances, Declarations, the National Covenant, and their late Vote, <HI>That they would not alter the ancient form of Government by King, Lords, and Commons</HI>) have cau&s;ed the Book written by <HI>Par&s;ons</HI> the Je&s;uit, 1524 (under the feigned Name of <HI>Doleman</HI>) and called <HI>[A Conference about the &s;ucce&s;&s;ion of the Crown]</HI> to be publi&s;hed, under the Title of <HI>[Several Speeches de|livered at a Conference, concerning the power of Parliaments, to pro|ceed again&s;t their Kings for mi&s;-government.] Par&s;ons</HI> had made this Book a <HI>Dialogue,</HI> the&s;e Men have made it into <HI>Speeches.</HI> The Arguments and Pre&s;idents are meerly the &s;ame; you &s;ee they can joyn Intere&s;ts with <HI>France:</HI> Doctrine with the Je&s;uits, to carry on their de&s;ign,<NOTE PLACE="marg">See the Con|clu&s;ions, 15, 16, 17.</NOTE> and reduce us to the condition of French Pea|&s;ants or Slaves, under the Kingdom of the Saints. <HI>Doleman's</HI> Book was condemned by Act of Parliament, 35 <HI>Eliz.</HI> But what care the Grandees for Acts of Parliament, having fooled the people into a belief, That both the <HI>Legi&s;lative</HI> and <HI>Judicative</HI> power is in the two Hou&s;es of Parliament without the King, and that an <HI>over-powering party or Junto in the two Hou&s;es</HI> (comply|ing with an Army to keep the re&s;t under force and awe) <HI>is the Par|liament.</HI><NOTE PLACE="marg">106. The Legi&s;la|tive, Judica|tive power, and the Mili|tia, where they re&s;ide. See the Con|clu&s;ions, 15, 16, 17.</NOTE></P>
<P>The Parliament con&s;i&s;teth of 3 <HI>E&s;tates.</HI></P>
<P N="1">1. The <HI>King,</HI> whom the Law calleth, <HI>Principium, Caput &amp; finis Parliamenti:</HI> and therefore he only can <HI>Call,</HI> He only can <HI>Di&s;|&s;olve</HI> a Parliament, and is him&s;elf called and cho&s;en by none, being <HI>primus motor,</HI> that animates all.</P>
<P N="2">2. The <HI>Lords:</HI> who have their creation and vocation only from the Kings bounty.</P>
<P N="3"><PB N="114" REF="62">3. The <HI>Commons,</HI> who have their <HI>&s;ummons</HI> onely from the Kings Writ, though their <HI>election</HI> from the people; and in that re&s;pect only (the people being too diffu&s;ed a Body to be A&s;&s;em|bled) they have &s;omething of <HI>Repre&s;entation</HI> in them, being the Epitome of the People. The&s;e 3 <HI>Estates</HI> concurring, have power to <HI>make news Laws, to change or repeal old Lawes,</HI> and in &s;ome <HI>doubtfull ca&s;es rarely hapning</HI> (which the Judges dare not venture upon) they have power to <HI>interpret the Laws.</HI> This is a wi&s;e and politick con&s;titution, for <HI>if any one, or any two of the &s;aid three E&s;tates</HI> &s;hould make new Laws, Change, Repeal or Interpret old Laws, arbitrarily and at plea&s;ure, <HI>without mutual agreement of all the three E&s;tates,</HI> it were in the power of <HI>that one or two to en|&s;lave the other Estate or E&s;tates &s;o omitted.</HI> Be&s;ides, the Law doth not favour the making of new Laws, nor the changing and repea|ling of old Laws, being an innovation that &s;tirs too many humors in a body politick, and indangers its health, and brings contempt upon the Laws: <HI>Leges priu&s;quam latae &s;unt perpendendae, quando latae, &s;unt obediendae,</HI> &s;aith <HI>Ari&s;t. Pol. But though all</HI> 3 <HI>E&s;tates mu&s;t a&s;&s;ent to the making, altering or repealing a Law, yet any one of the</HI> 3 <HI>E&s;tates hath a Negative Voice,</HI> and may di&s;&s;ent from &s;uch ma|king,<NOTE PLACE="marg">2 H. 5. 4. H. 7. c. 18. 12. H. 7. c. 20. 1 Ja. c. 1. 2 Ch. c. 1.</NOTE> altering or repealing, to avoid innovation, as above&s;aid. How then can the two Hou&s;es of Parliament exerci&s;e the Legi&s;lative power, and make, change or repeal any Law by Ordinance, with|out the King, (the fir&s;t E&s;tate and head of the Parliament) and &s;o deprive Him of His Negative Voice, and the people of their Laws, Liberties, and E&s;tates, contrary to 9 <HI>H.</HI> 3. <HI>Magna Char|ta,</HI> 1 <HI>part. In&s;tit. &s;ect.</HI> 234. <HI>in fine.</HI> 7. <HI>H.</HI> 7. 14. e&s;pecially when this very Parliament declares in the <HI>Exact Col.</HI> 1 <HI>part. p.</HI> 727. <HI>That</HI> the <HI>King hath a Negative Voice, and that Bils are not Laws</HI> (or Acts of Parliament) <HI>without the Kings a&s;&s;ent</HI> (con&s;equently nor Ordinances.) And as the two Hou&s;es take upon them the <HI>Legi&s;|lative power</HI> without the King, &s;o in the ca&s;e of the 4 Aldermen and Sir <HI>John Maynard,</HI> they u&s;urped a <HI>Judicative Power</HI> in ca&s;e of Trea&s;on tryable in the Kings Bench: yet it is mo&s;t certain, that when the 3 <HI>Estates in Parliament have pa&s;&s;ed any Act, their power determines as to that Act, and then the Authority of the Judges be|gins,</HI> which is Judicative: who&s;e Office is (upon ca&s;es brought before them) to determine <HI>whether that Act be binding or no;</HI> (for
<PB N="115" REF="62"> Acts of Parliament <HI>again&s;t common right, Repugnant, or Impo&s;&s;ible,</HI> are Void (<HI>Cook</HI> 8. <HI>f.</HI> 118. Dr. and Student, <HI>l.</HI> 1. <HI>c.</HI> 6.) <HI>and to expound the meaning, and &s;ignification of the words of &s;uch Act.</HI> If therefore the 2. Hou&s;es u&s;urp the <HI>Legi&s;lative</HI> and <HI>Judicative</HI> power, or the <HI>Militia,</HI> otherwi&s;e than hath been by the fundamental con&s;titu|tion of this Monarchy, and the practice of all ages accu&s;tomed, the Grandees of the two Hou&s;es and Army &s;eem to lay claim to them all by the Sword, for in the late Declaration again&s;t the <HI>Scots</HI> Papers, <HI>p.</HI> 64. they &s;ay, <HI>That they engaged in this war upon the&s;e principles,</HI> viz. <HI>To keep the Legi&s;lative power, and the exerci&s;e of the Militia, without and again&s;t the Kings con&s;ent</HI> and <HI>p.</HI> 63. <HI>ibidem,</HI> the Members tell us, <HI>that in all matters concerning Church or State, we have no judge upon Earth but them&s;elves.</HI> It follows then, the Grandees do it to &s;ubvert the ancient Government, Laws and Liberties of this Nation; and e&s;tabli&s;h a Military Olygarchy, or the Kingdom of the Saints over us in them&s;elves. In order to which de&s;ign they have put all things out of order, and turned them up&s;ide down; nay, they have crucified the whole Kingdom with Saint <HI>Peters</HI> Crucifixion, the head downwards, and the Heels upwards.</P>
<P>When this King went into <HI>Scotland,</HI> He compared the Com|mon-wealth to a Watch, which they had taken in pieces; and advi&s;ed them to keep every piece and pin &s;afe, and put all in their right places again; but now all the principal pieces are either broken, or lo&s;t. God grant them to number their houres better hereafter, and to cloze well with our Ma&s;ter Work-man; for though this Kingdom hath alwaies been <HI>Ruled by King, Lords, and Commons;</HI> yet by the KING, <HI>architectonic&egrave;;</HI> and by the <HI>other</HI> Two, <HI>organic&egrave;;</HI> the King as the Architect, the Lords and Commons as His In&s;truments; each in his proper &s;phere of Acti|vity, without interfering: and till this again come in u&s;e, look for no peace.</P>
<P>The Independent Grandees of the Parliament and Army are much offended with the City, and their adherents,<NOTE PLACE="marg">107. The Armies A&s;pect upon the City and per&s;onal Treaty.</NOTE> in Petitioning for a Per&s;onal Treaty with the King, and give out, <HI>That when they have done with</HI> Colche&s;ter, <HI>they will humble the City, and bring it to better obedience,</HI> for which purpo&s;e, they have already taken all the <HI>Block-hou&s;es,</HI> upon the River Ea&s;t of the City, <HI>Wind&s;or-Ca&s;tle</HI> We&s;t of the City, and are now fortifying <HI>Gyddy-tall</HI> neer
<PB N="116" REF="63"> <HI>Rumford</HI> in <HI>E&s;&s;ex</HI> South from the City; the like they intend at <HI>Hampton Court;</HI> and to build a Fort upon the <HI>I&s;le of Dogs,</HI> to keep under the Sea-men: whereby, po&s;&s;e&s;&s;ing the principall ways, and Avenues to the City, they &s;hall neither feed, nor Trade, but at the di&s;cretion of the Army. In the mean time the Cities de|&s;ires of a Per&s;onal Treaty are delayed and made fru&s;trate by a te|dious Conference between a Committee of Parliament, and a Committee of Common-Council. And Counter-Petitions a|gain&s;t a Per&s;onal Treaty are &s;ent about by Alderman <HI>Gybs, Foukes, E&s;twicke, Wolla&s;ton, Andrewes, Nye</HI> the Independent Prie&s;t, and others, (who hold rich Offices by favour of the Grandees) to be &s;ub&s;cribed even by Apprentice Boyes; whereby it appears the Independents have no intent, to make peace with the King, but to engage in a new War, thereby to contiune their Army, and our Slavery.</P>
<P>The yearly Income they rai&s;e upon the people under colour of this War, (be&s;ides the Kings Revenue, Seque&s;trations, and Com|po&s;itions) amounts to three Millions &s;terling <HI>per annum,</HI> being &s;ix times as much as ever the mo&s;t greedy and burden&s;om of our Kings rai&s;ed: where our Stewards hide the&s;e our Talents (publick Debts and Arrears being unpaid) were worth finding out, if any but the Devil could give an Account thereof. But this is an un&s;oundable Gulf, here my plumb-line faileth me.</P>
<P><NOTE PLACE="marg">108. Major Gen. <HI>Skippon</HI>'s complaint.</NOTE>The 10. of <HI>July,</HI> Major General <HI>Skippon</HI> complained in the Hou&s;e of Commons of a printed Paper, called, <HI>[A Motive to all loyal Subjects, to endeavour the pre&s;ervation of his Maja&s;ties Per|&s;on]</HI> wherein (he pretended) he was fal&s;ly and &s;candalou&s;ly &s;lande|red for &s;peaking &s;ome words in the Hou&s;e to divert the Examina|tion of Mr. <HI>Osborn</HI>'s Charge again&s;t <HI>Rolf.</HI> The Hou&s;e (that is, the Independents) were as diligent to become his Compurgators, and vindicate his credit, by pa&s;&s;ing and Printing 5. Votes for him, as they had formerly been to ruine the <HI>KING</HI>'S Honour by pa&s;|&s;ing a Declaration again&s;t Him. This fellow <HI>Skippon</HI> was hereto|fore Waggoner in the Low-Countries to Sir <HI>Francis Vere,</HI> after that came over into <HI>England</HI> a poor forlorn Commander, and obtained of the King his Letters of Commendation to keep a kinde of Fencing School in the City Military yard, and teach the Citizens the po&s;tures of the Pike and Musket, and Train them; where he wore the mask of Religion &s;o hand&s;omly, that he &s;oon
<PB N="117" REF="63"> in&s;inuated into their favours, and found them very bountifull Pa|trons to him; there he got his fat belly, and full pur&s;e; from the City he became Major Generall to the new-modelled Army: and ob&s;erving &s;ome di&s;contents ari&s;ing between the City and Army, and being willing to keep two &s;trings to his bow, that he might uphold his credit with the City, he voluntarily &s;ubmitted him&s;elf to &s;ome affronts, purpo&s;ely and politickly put upon him in the Army; and yet that the Army might under&s;tand him to be their creature, he marched with the Army in their Triumph through the City, &s;till carrying him&s;elf as a moderate reconciling man, and &s;weetning the in&s;olencies of the Army, by making milde and fair interpretations of their Actions; yet &s;till &s;o much mag|nified the power of the Army, as if he would per&s;wade the City they were beholding to the Army, for making no wor&s;e u&s;e of their &s;trength again&s;t them: Thus (as many other moderate, pru|dential men do) he lay a good while unde&s;cried in the bo&s;ome of the City, and there as a Spie and Intelligencer kept Centry for the Army, untill &s;uch time as the City petitioning the Commons for <HI>re&s;toring of their own Militia to them again,</HI> the Council of the Army, (to mock them with an uneffectuall <HI>Militia</HI>) by their en|gaged party in the Hou&s;e, and the Committee of <HI>Derby-hou&s;e</HI> (of which Cabal <HI>Skippon</HI> is one) cau&s;ed their confiding man <HI>Skip|pon,</HI> not only to be named of the Committee of the <HI>Militia</HI> (al|though no Citizen) but to be obtruded upon the City as their <HI>Major General, Commander in Chief of all their Forces,</HI> without whom nothing is to be acted. This being re&s;ented and oppo&s;ed, as contrary to the Cities Charter and Liberties, <HI>Skippon</HI> found he was di&s;covered, and then (taking advantage of the Earle of <HI>Holland's</HI> going forth into Arms) upon a Report from the Com|mittee of <HI>Derby-hou&s;e,</HI> the Commons ordered, <HI>that a Party of Hor&s;e &s;hould be rai&s;ed and li&s;ted under Skippon: Skippon</HI> by vertue of this Order granted Commi&s;&s;ions to divers &s;chi&s;maticall Ap|prentices to rai&s;e men underhand, and authorized the &s;aid Com|mi&s;&s;ioned Apprentices to grant Sub-commmi&s;&s;ions again to other Apprentices under them for the like purpo&s;e: This was preten|ded to prevent Tumults and In&s;urrections, but indeed it was to joyne with the Independent party of the City, and the army, (when they have done their work at <HI>Colche&s;ter</HI>) in purging the Presbyterians out of the Common-Council and Parliament; in
<PB N="118" REF="64"> reference whereto, the Army have re&s;olved not to march North|wards again&s;t the <HI>Scots,</HI> untill they have brought this City to more ab&s;olute obedience, or laid it in the du&s;t, according to <HI>Crom|wel's</HI> advice; as a preparative to which de&s;ign, the prevailing par|ty in the Hou&s;e,<NOTE PLACE="marg">Yet they knew they came in by Authority of the Parl. of <HI>Scotland.</HI></NOTE> <HI>July</HI> 15. (hand over head) Voted, <HI>All &s;uch</HI> Scots <HI>as are come into</HI> England <HI>in ho&s;tile manner, without con&s;ent of both Hou&s;es of Parliament of</HI> England, <HI>Enemies to the State; and all &s;uch</HI> Engli&s;h <HI>as do or &s;hall adhere to, aid, or a&s;&s;i&s;t them Traitors:</HI> and the next day following, <HI>Weaver</HI> o<GAP DESC="illegible" EXTENT="1 letter">enly in the Hou&s;e affirmed, <HI>that the</HI> Scoti&s;h <HI>de&s;ign of D.</HI> Hamilton, <HI>the</HI> Colche&s;ter <HI>de&s;ign, and that of the Earl of</HI> Holland, <HI>were all begun and carried on in the City of</HI> London: to which <HI>Ven,</HI> the two <HI>A&s;hes, Harvy, Scot, Miles Corbet, Blackstone,</HI> Sir <HI>Peter Wentworth,</HI> and others gave applau&s;e: loe here a foundation laid for a new Charge again&s;t the City, when the Army are at lea&s;ure to make u&s;e of it. This Hypocrite <HI>Skippon,</HI> when he had &s;poken any thing in the Hou&s;e prejudicial to the King or City, about a Week after (when the venom he hath &s;pet hath wrought its effect, and is pa&s;t remedy) u&s;ually complains in the Hou&s;e, <HI>that his words are carried forth of the Hou&s;e, and maliciou&s;ly and fal&s;ly reported in the City to his di&s;|grace and danger,</HI> and repeating in a more mild and qualified way &s;ome part of what he had formerly &s;aid, appealed to the Hou&s;e, <HI>Whether that were not the full truth of his words?</HI> When the Hou&s;e, having forgotten his former words, no man can, and (for fear of the envy and malice of a powerfull Faction) no man will contra|dict him; this is his way of Apologizing and clearing him&s;elf. He hath got above 30000 l. in his pur&s;e, be&s;ides 1000 l. a year land of Inheritance given him by the Parliament. He hath &s;ecured his per&s;onal E&s;tate beyond Sea, and his Wife and Children, and thereby withdrawn all pawns and pledges of his Fidelity both out of the power of the Parliament and City, and is here among&s;t us but in the nature of a <HI>&s;ouldier of fortune.</HI></P>
<P>Note, that upon the &s;aid 15 day of <HI>July,</HI> when the debate was <HI>for Voting the</HI> Scots <HI>that were come in, Enemies, &amp;c.</HI> the fir&s;t que|&s;tion was put,<NOTE PLACE="marg">106. D. <HI>Hamiltons</HI> Army Voted Enemies.</NOTE> <HI>that all &s;uch</HI> Scots <HI>as are, or &s;hall come into</HI> England, <HI>in ho&s;tile manner, without con&s;ent of both Hou&s;es of the Parliament of</HI> England, <HI>were Enemies, &amp;c.</HI> but upon farther debate, the words <HI>(or &s;hall)</HI> were left out, upon this Con&s;ideration, <HI>that the Earl of</HI> Argyle <HI>might happily come into</HI> England <HI>with a Party, and fall
<PB N="119" REF="64"> upon</HI> Duke Hamilton <HI>in the rear to divert him.</HI></P>
<P><HI>July</HI> the 20. The Speaker told the Commons,<NOTE PLACE="marg">110. D. <HI>Hamilton's</HI> Letter and Decaration brought to the Hou&s;e.</NOTE> <HI>that Major Gene|ral</HI> Lambert <HI>had made stay of a Scotti&s;h Gentleman, one Mr.</HI> Haly|barton <HI>who pa&s;&s;ed through his quarters with Letters from D.</HI> Ha|milton, <HI>to the two Hou&s;es, and the King; that he found about Mr.</HI> Haly-barton <HI>divers private Letters, for the carrying of which, he had publick on Authority, and therefore</HI> Lambert <HI>made bold to &s;eal tho&s;e private Letters in a packet by them&s;elves with his own &s;eal and Mr.</HI> Haly-bartons: <HI>That</HI> Lambert <HI>had &s;ent up Mr.</HI> Ha|ly-barton <HI>with one Lieut. Col.</HI> Osburn, <HI>a Godly Scotti&s;h Gent. and another Keeper, in nature of a Pri&s;oner.</HI><NOTE PLACE="marg">111. L. Col. <HI>Osburn</HI> a fugitive Scot.</NOTE> This <HI>Osburn</HI> delivered that private packet to the Speaker; &s;o a Committee was named to pe|ru&s;e that private packet, and <HI>Osburn</HI> was called into &s;peak what he knew; who delivered at the Bar, <HI>that the Godly party in</HI> Scot|land <HI>were oppre&s;&s;ed and trodden under foot by Duke</HI> Hamilton's <HI>party, that their very &s;ouls we afflicted at his proceedings, that the Kirk of</HI> Scotland <HI>with one mouth proclaimed in their faces their en|gagement and proceeding thereupon to be damnable and de&s;tructive: he de&s;ired the Hou&s;e not to look upon the&s;e proceedings as the Act of the Nation of</HI> Scotland, <HI>&s;ince there were a great many Godly men who hoped the Lord would enable them in his good time to march in|to</HI> England <HI>with the Marque&s;&s;e of</HI> Argyle <HI>and fall into the rear of Duke</HI> Hamilton <HI>with a diver&s;ion.</HI> He reported, <HI>the</HI> Scots <HI>that came in to be but</HI> 8000 <HI>Hor&s;e and Foot, and</HI> Langdale <HI>but</HI> 2000. Then was read the Letters of D. <HI>Hamilton,</HI> wherein <HI>He complaineth no an&s;wer had been given to the Parliament of</HI> Scotlands <HI>ju&s;t de|&s;ires of the</HI> 26 April <HI>last, that by authority of the Scotti&s;h Parlia|ment he was nece&s;&s;itated to come into</HI> England <HI>according to the Co|venant, and not without the invitation of divers wel-affected Engli&s;h who had taken the Covenant.</HI> There was a Declaration inclo&s;ed in the Letters, which the prevailing party ob&s;tructed the reading of (yet the Lords having printed it, they have &s;ince read it in the Hou&s;e) and pre&s;ently the que&s;tion was put, <HI>that all &s;uch Engli&s;h as have invited the</HI> Scots <HI>under D.</HI> Hamilton, <HI>to come in ho&s;tile manner into</HI> England, <HI>&s;hall be declared Traytors?</HI> and carried in the Affirma|tive. I formerly told you, that about 12 <HI>July, Weaver</HI> moved, <HI>that the Prince of Wales might be Voted a Traitor:</HI> what they could not then carry with a fore-wind, they now brought in a|gain with a &s;ide wind; but who doubts but the Prince invited in
<PB N="120" REF="65"> the Scots to the relief of his Father and him&s;elf oppre&s;&s;ed and im|pri&s;oned, contrary to the Solemn League and Covenant, by a Re|bellious Army, and a &s;chi&s;matical party of both Hou&s;es engaged with the &s;aid Army: <HI>And that the Scots are come in according to the Covenant only?</HI></P>
<P><NOTE PLACE="marg">112. A motion in the Hou&s;e of Commons to Bayl <HI>Rolf.</HI></NOTE>A little before this time <HI>Tho. Scot,</HI> Sir <HI>P. Wentworth, Blackstone,</HI> C. <HI>Harvy, Hill</HI> the Lawyer, and others pre&s;&s;ed the Hou&s;e with much earne&s;tne&s;s to <HI>Bayl</HI> Rolf, <HI>committed Pri&s;oner to the</HI> Gate|hou&s;e <HI>upon the Complaint of Mr.</HI> Osburn <HI>for endeavouring to make away the</HI> KING: u<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ing many words in his commendation for <HI>his godline&s;s and faithfulne&s;s,</HI> and complaining of <HI>his hard u&s;age in Pri|&s;on</HI> where he lay among&s;t <HI>Rogues.</HI> It was oppo&s;ed by many, be|cau&s;e <HI>High Trea&s;on is not baylable by the Law,</HI> neither <HI>is the Hou&s;e of Commons a Court of Judicature;</HI> and therefore can <HI>neither Im|pri&s;on, nor Bayle any</HI> but their own <HI>Members.</HI> At la&s;t Mr. <HI>Sam. Brown</HI> moved, <HI>that a Committee might examine the bu&s;ine&s;&s;e for matter of Fact, and report to the Hou&s;e, and then the Hou&s;e (if they &s;aw cau&s;e) might Bayle him; and bind over Ma&s;ter</HI> Osburn <HI>to pro|&s;ecute him next term in the</HI> Kings-bench. This motion took effect, and great care was taken for the pre&s;ent, that <HI>Rolf</HI> might have better entertainment in the <HI>Gate-hou&s;e</HI> according to his quality; having been not long &s;ince a Shoo-maker, one of the <HI>Gentle-craft.</HI></P>
<P><NOTE PLACE="marg">113. The Speakers Warrant to &s;earch for the Foot-boy that beat Sir <HI>Hen. Mildmay.</HI></NOTE>About this time, 2 Files of Musketiers, by warrant from the Speaker of the Hou&s;e of Commons, came in the dead time of the night to the Hou&s;es of Sir <HI>Paul Pynder,</HI> and Alderman <HI>Langham,</HI> pretending to &s;earch for the Foot-boy that beat Sir <HI>H. Mildmay.</HI> They forced open the doors of Sir <HI>Pauls</HI> hou&s;e, and &s;earched with great diligence; but could not do the like at Alderman <HI>Lang|ham's,</HI> who being guilty of having &s;ome Money in his Hou&s;e, dur&s;t not adventure to obey the Warrant and open his doors; nor had he rea&s;on to do it, his Hou&s;e (by the Law) being <HI>his Ca&s;tle of De|fence, the privilege thereof not to be violated but in ca&s;e of Felony or trea&s;on.</HI> Compare the diligent pro&s;ecutions in the behalf of Sir <HI>Harry Mildmay,</HI> with the &s;lack and negligent proceedings in the behalf of the King, and you will find a new practical Law (contrary to the old known e&s;tabli&s;hed Law) <HI>that a tre&s;pa&s;&s;e a|gainst a Grandee</HI> (though but a Subject) <HI>is more than a trea&s;on a|gain&s;t a King.</HI></P>
<PB N="121" REF="65">
<P>Fears and Iealou&s;ies ari&s;ing from &s;everal Informations (as that of <HI>Croply</HI> and <HI>Hyde,</HI> called,<NOTE PLACE="marg">114. Fears and jea|lou&s;ies cau&s;e the City to re|&s;ume the pow|er of their own Militia.</NOTE> <HI>The Re&s;olutions of the Army</HI>) and diver&s;e other Symptomes of danger, but e&s;pecially <HI>Skippons</HI> &s;ecret Li<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ting of Schi&s;matiques in the City among&s;t the Congregations of Mr. <HI>Goodwin,</HI> Mr. <HI>Patience,</HI> and others, with power given him to kill and &s;lay; his li&s;ting &s;ervants again&s;t their Ma&s;ters, and &s;et|ting up a Power again&s;t a Power, had provoked that dull bea&s;t <HI>the City</HI> to know their own &s;trength, to look into their Charter and the Cu&s;tomes of the City, and to Counter-li&s;t in their own de|fence: for which purpo&s;e, they pa&s;&s;ed an Act of Common Coun|cil, dated 27. <HI>July</HI> 1648. which was &s;oon complained of in the Hou&s;e of Commons by <HI>Ven, Harvey, Pennington,</HI> and other ill Birds of that Corporation, who u&s;ually defile their own ne&s;ts, after many aggravations; that after they had fought with the King for the <HI>Militia,</HI> any power out of the Parliament &s;hould pre&s;ume to exerci&s;e it: a Committee was appointed to Treate with a Com|mittee of the Common-Council, <HI>to hear what they could &s;ay for them&s;elves, and by what authority they claimed the u&s;e of their own Militia.</HI> The Committees met, and among&s;t other things the &s;aid que&s;tion was asked, <HI>By what authority they listed men?</HI> To which was an&s;wered, <HI>That they did it by the Law of Self-defence, war|ranted by the Law of God, of nature, and of the Land:</HI> and by a farther Authority, to que&s;tion which, would make lirtle for the advantage of the Parliament: This my&s;terious An&s;wer &s;topped the mouthes of the Parliament Committee. If <HI>London</HI> &s;hould plead their Charter and u&s;ages, other places might doe the like; &s;o this bu&s;ine&s;&s;e was &s;hut up in &s;ilence. Note that many Sectaries of <HI>We&s;tmin&s;ter, Southwark,</HI> and the <HI>Hamlets</HI> have been invited and countenanced to petition the Hou&s;e of Commons <HI>against uniting their Militia's with</HI> London, <HI>upon pretended cavils:</HI> As that they de&s;ired to have equal number of Voices in the <HI>Militia</HI> with <HI>London:</HI> But &s;ince <HI>London</HI> beareth 7. parts of 9. in the charge, it is an unrea&s;onable demand.</P>
<P>By Orders (as is thought) from <HI>Derby-hou&s;e,</HI><NOTE PLACE="marg">115: The Governor of <HI>Dublyn</HI> &s;ei|zeth and &s;en|deth over Pri|&s;oners the Presbyterian Commanders.</NOTE> Colonel <HI>Jones</HI> Governour of <HI>Dublyn,</HI> hath &s;eized upon mo&s;t of the Presbyterian Commanders thereabouts, and &s;ent them Pri&s;oners to <HI>We&s;tche&s;ter,</HI> as Sir <HI>Maurice Eu&s;tace,</HI> Sir <HI>John Gyford,</HI> Col. <HI>Willoughby,</HI> Colo|nel <HI>Flower,</HI> Major <HI>Stephens,</HI> Major <HI>Capron, &amp;c.</HI> to make room for Independent Officers in his Army, <HI>that the Saints only may po&s;&s;e&s;&s;e
<PB N="122" REF="66"> the good things of this world;</HI> but chiefly, that his Army being Com|manded by Antimonarchical Schi&s;maticks may the better &s;ympa|thize and unite with the Antimonarchical Papi&s;ts in <HI>Owen Roe Oneal</HI>'s Army, again&s;t the Lord <HI>Inchiquin,</HI> whereof the &s;aid Lord hath given &s;ome hint, as I have afore&s;aid. You &s;ee the predominant Principle is <HI>Antimonarchy,</HI> which ea&s;ily over&s;wayes <HI>Religion</HI> on both &s;ides.</P>
<P><NOTE PLACE="marg">116. A Frigot of the Princes taken with many Letters and Commi&s;|&s;ions.</NOTE>Sir <HI>Milles Leve&s;ey</HI> having ca&s;ually taken a little Frigot of the Princes, called the <HI>Chi&s;topher</HI> manned with one Captain <HI>Green,</HI> and 8. men, took divers Commi&s;&s;ions in her, and a Letter of Mart, granted to the &s;aid Captain <HI>to make prize of Rebels and Enemies Goods,</HI> and a Paper of In&s;tructions, prohibiting <HI>Green to u&s;e any Ho|&s;tility untill the Prince had publi&s;hed his Declaration, and untill it were de&s;igned who were His Enemies;</HI> other writings were then taken, which were referred to a Committee of the Hou&s;e of Com|mons to peru&s;e and report. Mr. <HI>Lechmore</HI> reported from the &s;aid Committee, <HI>That &s;ome of tho&s;e writings were not fit to be publi&s;hed in the Hou&s;e,</HI> (hereby you &s;ee that the Hou&s;e is already dive&s;ted of that Power and Authority which the People have Tru&s;ted only them with, &amp; all is now u&s;urped by confiding Sectary Committees) &s;o Mr. <HI>Lechmore</HI> reported, <HI>That there was an Adjudication out of the Princes Admiralty held in the</HI> I&s;le of Jer&s;ey, <HI>whereby a &s;hip be|longing to one</HI> Tucknell <HI>was adjudged again&s;t him, upon this ground given in the Adjudication, That</HI> Tucknell <HI>had taken that</HI> damna|ble Oath, <HI>called [The National Covenant.]</HI> I appeal to any man that doth not ha&s;tily beleeve all he hears, whether it be probable the Prince (in &s;uch a conjuncture of time, when the Parliament it &s;elf &s;ays, <HI>That the Prince invited the</HI> Scots <HI>to invade</HI> England, <HI>and had declared for them</HI>) would hazard the lo&s;ing of the <HI>Scots,</HI> by in&s;erting &s;uch a clau&s;e in the Adjudication? All is not Gold that gli&s;ters; the&s;e Letters may be St. <HI>Martins</HI> ware, counterfeit &s;tuff.</P>
<P><NOTE PLACE="marg">117. A de&s;ign to &s;eize on divers Presbyterian Aldermen, Lords and Commons.</NOTE>About this time (it is reported by &s;ome that profe&s;&s;e to know it) there was a de&s;ign for <HI>Skippon</HI>'s new li&s;ted-men to &s;eize upon Alderman <HI>Langham,</HI> Alderman <HI>Bunce,</HI> and &s;ome of the Lords and Members of the Hou&s;e of Commons in the night; whereof notice being given, &s;ome of the Members knowing that Treache|ry (like the Ba&s;ilisk) dies if it be fir&s;t &s;een, to &s;hew that it was di&s;covered, cau&s;ed one of their Party in the Hou&s;e, to move, <HI>That</HI>
<PB N="123" REF="66"> Skippon <HI>might be Ordered not to &s;eize on, kill or &s;lay any Member of either Hou&s;e.</HI></P>
<P>An order pa&s;&s;ed the Hou&s;e of Commons for the Earl of <HI>War|wick, to fight the Prince at Sea.</HI> It was &s;ent up to the Lords,<NOTE PLACE="marg">118. An Ordinance for the Earl of <HI>Warwick</HI> to fight the Prince at Sea.</NOTE> and pa&s;&s;ed that Hou&s;e too; whereby it became an Ordinance. Yet &s;ome of the Lords entred a prote&s;tation again&s;t it, as the Earls of <HI>Lincoln, Suffolk,</HI> Lord <HI>North.</HI></P>
<P N="2">2. Of <HI>August,</HI> The Zealots of the Hou&s;e of Commons fell again upon the bu&s;ine&s;&s;e of <HI>Rolf,</HI><NOTE PLACE="marg">119. More endea|vours of the Independents in favour of <HI>Rolf.</HI></NOTE> at an un&s;ea&s;onable hour of the day, and in a thin Hou&s;e. They ordered <HI>a Conference with the Lords about him,</HI> and <HI>that the Lords be de&s;ired to joyn with the Commons in Bayling of him;</HI> and yet, for Trea&s;on, a man is not Baylable by Law. I cannot hear that Mr. <HI>Osburn</HI>'s time of &s;taying with Freedom and Safety to pro&s;ecute <HI>Rolf</HI> is renewed by the Commons, although it be expired; you &s;ee the Iron-bound Saints of the Army are im|pregnable, even again&s;t High Trea&s;on; if this Puny Saint be &s;o in|violable, what hope have Major <HI>Huntington,</HI> and <HI>John Lilbourn</HI> to be heard again&s;t <HI>Cromwell?</HI></P>
<P>For if the man &s;uch freedom have,</P>
<P>What then mu&s;t he that keeps the Knave?</P>
<P>Yet if <HI>Rolf</HI> had but ba&s;tinadoed Sir <HI>Henry Mildmay</HI> (and that's no great matter) peradventure he had been pro&s;ecuted in earne&s;t.</P>
<P>Thur&s;day, 3. <HI>Augu&s;t,</HI><NOTE PLACE="marg">120. A Letter from the Earl of <HI>Warwick</HI> for Martial Law at Sea.</NOTE> a Letter from the Earl of <HI>Warwick</HI> was read in the Hou&s;e of Commons, complaining <HI>of the Refractorine&s;&s;e of the Sea-men, and that he could not govern them without a Com|mi&s;&s;ion for Martial Law;</HI> which was readily a&s;&s;ented to; as any thing that cries up Arbitrary power, above the known Laws, u&s;u|ally is. But how this will agree with the di&s;cipline of the Sea, and how they will fight being &s;o yoaked, I know not.</P>
<P>The &s;ame day a Letter pa&s;&s;ed the Hou&s;e of Commons,<NOTE PLACE="marg">121. A Letter from the Parlia|ment to the A&s;&s;embly of the Kirk of <HI>Scotland.</HI></NOTE> directed to the A&s;&s;embly of the Kirk of <HI>Scotland,</HI> &s;etting forth what the Parliament had done in way of &s;etling peace, reforming the Church and Univer&s;ities, and maintaining the Covenant and union be|tween the two Nations, and complaining of Duke <HI>Hamilton</HI>'s In|vading <HI>England</HI> under the Authority of the Parliament of <HI>Scot|land,</HI> to the Kirk there. How dangerous this pre&s;ident may prove to both Kingdoms, to make a few ambitious, paedantical Church-men &s;upreme Judges over Parliament and State affairs,
<PB N="124" REF="67"> <HI>in ordine ad Deum:</HI> and how apt they are to lay hold upon &s;uch occa&s;ions, and kindle their zeal into a con&s;uming flame, I leave to all wi&s;e men to judge.</P>
<P><NOTE PLACE="marg">122. A Declaration and 2. Letters from the Prince, to the City. The Commons Debate upon them.</NOTE>Thur&s;day, 3. <HI>August.</HI> The Sheriffs of <HI>London</HI> and &s;ome of the Common Council brought to the Hou&s;e the Copies of two Letters they had received from the PRINCE; one directed to the Com|mon Council, <HI>expre&s;&s;ing his Highne&s;&s;e good affection to Peace, and to the whole City; and his endeavours to vindicate his Fathers Liber|ty and ju&s;t Prerogative and Rights; to re&s;tore to the People their Laws, Liberties, and Property, to free them from that bondage under which they were now held like a Conquered Nation, to ea&s;e them of Exci&s;e and Taxes, to &s;ettle Religion according to his Fathers Agree|ment made with the</HI> Scots, <HI>and to reduce all things into their antient and proper Chanel.</HI> This Letter was accompanied with his De|claration to the &s;ame purpo&s;e. The other was to the Merchant Adventurers, <HI>Informing them he had made &s;tay of</HI> 3. <HI>of their &s;hips, but without any intent to make prize of them, de&s;iring to borrow</HI> 20000 l. <HI>of them to be repayed out of the Cu&s;tomes, and requiring their speedy an&s;wer.</HI> To which Col. <HI>Harvy</HI> (fir&s;t aggravating many faults in the King's Government, according to the &s;candalous De|claration again&s;t him) &s;aid, <HI>The Prince was his Fathers own Son, as like him as could be. That he had invited the</HI> Scots <HI>to come in, and declared for them; and had been formerly in Arms against the Par|liament. That he was but a &s;ubject;</HI> And moved the Hou&s;e to de|clare him a <HI>Rebell and a Traytor.</HI> Sir <HI>Peter Wentworth,</HI> Mr. <HI>Knightly,</HI> and Mr. <HI>Blackstone</HI> &s;econded him with much earne&s;tne&s;&s;e; &s;o did <HI>Edward A&s;h,</HI> who farther moved, <HI>That the Common Council and Merchants &s;hould give no an&s;wer to his Letters,</HI> &s;aying, <HI>there was no danger the Prince &s;hould make prize of their &s;hips, for that he had engaged to the States of the</HI> Low-Countries <HI>to do no act prejudicial to Trade.</HI> At la&s;t the Debate was put off until the next day, being Friday: when the Speaker putting the Hou&s;e in mind of it again, It was earne&s;tly called upon by the younger Sir <HI>John Evelin</HI> (Mr. Solicitors &s;hadow) <HI>Scot, Weaver, Holland, Boys,</HI> and almo&s;t all the Godly Gang. So the Debate was re&s;umed: and <HI>Weaver</HI> went very high to try the temper of the Hou&s;e. But the Debate <HI>in Terminis,</HI> That <HI>the Prince &s;hould be declared a Rebell and a Traytor,</HI> was &s;oon laid by (though violently pre&s;&s;ed) chiefly upon the&s;e rea&s;ons.</P>
<P N="1"><PB N="125" REF="67">1. That they had not the Originals of the Princes Letter and Declaration, (which the Common-Council &s;till kept) but one|ly Copies, not &s;o much as atte&s;ted upon Oath by any authen|tical Clerk; therefore no legal proceedings could be upon them.</P>
<P N="2">2. To Vote the Prince a Traytor the &s;ame day when they &s;ent Me&s;&s;engers to invite the King his Father to a Treaty of Peace, would argue no peaceable inclination in them, and would be &s;o under&s;tood by the People.</P>
<P N="3">3. They were engaged by the Nationall Covenant to defend the King's Per&s;on, Crown and Dignity; but the Prince, Heir apparent to His Crown, was (next under God) the chief &s;up|porter of his Crown and Dignity, therefore to Vote him a Traitor was to &s;ubvert his Crown and Dignity.</P>
<P N="4">4. By the Stat. 25. <HI>Edw.</HI> 3. it is <HI>High Trea&s;on to endeavour the de&s;truction of the Prince, the Kings elde&s;t Son;</HI> but to declare him a Rebel and a Traitor, was to endeavour to de&s;troy him; and therefore High Trea&s;on.</P>
<P N="5">5. The people were already jealous that the KING and His Po&s;terity &s;hould be laid by; and in them the Monarchical Go|vernment of this Nation &s;ubverted, and a new form of Govern|ment introduced; they had already by the Votes of <HI>No Addre&s;&s;es to the KING,</HI> and by their Declaration again&s;t Him (wherein they &s;ay, <HI>They can no longer confide in Him</HI>) laid by the KING, and now to Vote the PRINCE a Rebel and a Traytor, was to lay by both him, and his Brother the DUKE of <HI>YORK,</HI> who ad|heres to him, which would exceedingly confirm the people in their feares. But what they could not do expre&s;ly,<NOTE PLACE="marg">All that ad|here to the Prince, decla|red Traytors.</NOTE> they did im|plicitly, by Voting <HI>All that &s;hould adhere to, ayd, or a&s;&s;i&s;t the</HI> PRINCE, <HI>Rebels and Traytors:</HI> Hereby they put a tie upon the City not to redeem their Ships, by lending 20000 l. to the Prince; and yet had a Pirat taken them, it had been lawful to redeem them.</P>
<P>Saturday, 5 <HI>Augu&s;t.</HI><NOTE PLACE="marg">123. The National Covenant.</NOTE> The Hou&s;e of Commons went upon the Commi&s;&s;ioners to judge of Scandals; there was a Clau&s;e in the Ordinance, <HI>forbidding the Nomination of &s;uch as refu&s;ed the Nati|onal Covenant,</HI> which was &s;trongly oppo&s;ed by the Independents, who argued, <HI>That the National Covenant was but a League &s;worn mutually by the two Nations; that the</HI> Scots <HI>by Invading</HI> England <HI>had fir&s;t broke it, and thereby &s;et the</HI> Engli&s;h at liberty from it, <HI>that
<PB N="126" REF="68"> the Covenant was not</HI> Jure divino, <HI>no more than Presbytery was.</HI> To which was An&s;wered, <HI>That the large Treaty containing the League between the two Nations,</HI> &s;o did not the Covenant, which was <HI>a Vow made unto God with our hands lifted up to heaven, for the main|tenance and ob&s;ervation of the ends and principles expre&s;&s;ed in the Covenant, from which no power on Earth can ab&s;olve.</HI> That though the Covenant was not <HI>Jure divino,</HI> yet the keeping of it after we have taken it is <HI>Jure divino,</HI> it being the revealed will of God, <HI>that we &s;hould not offer to him the &s;acrifice of fools;</HI> a Covenant to day, and break it to morrow.</P>
<P><NOTE PLACE="marg">124. A new Militia erected in e|very County, in the hands of Sectaries.</NOTE>Mondon, 7 <HI>Augu&s;t.</HI> A particular Ordinance <HI>to put the County of</HI> Wilts <HI>into a po&s;ture of defence</HI> was read, many that were named to be Deputy Lieutenants, or Commi&s;&s;ioners, were mean petty fellowes, as one <HI>Read</HI> a Serving-man, and others, &s;uch as refu&s;e to Act upon the Ordinances <HI>for &s;etling Church Government,</HI> and de|clare <HI>that our Mini&s;tery is Antichristian,</HI> and are new dipped Brethren that have been re-baptized. <HI>The&s;e to have power to rai&s;e what men, and put arms into what hands they li&s;t; to fine</HI> 10 l. <HI>and twenty days Impri&s;onment for every default, and to levy</HI> 400 l. <HI>a week upon that poor County over and above the Taxes to</HI> Fairfax's <HI>Army, and</HI> Ireland <HI>and Free-quarter.</HI> The general Ordinance to tru&s;t the Counties with their own defence, is ob&s;tructed, to give way to the&s;e particular Ordinances, That all the Arms and Gar|ri&s;ons of the Kingdom may be put into the hands of Antimonar|chical Sectaries, and the <HI>Militia</HI> of Godly Cut-throats e&s;tabli&s;hed in every County towards the putting down of Monarchy, and the erecting of the many-headed Tyranny of the Saints of <HI>Derby-hou&s;e</HI> and the Army. This Ordinance was commited.</P>
<P><NOTE PLACE="marg">125. Letters uncha|racterized, a new invented net to catch Presbyterians in.</NOTE>Tue&s;day, 8 <HI>Augu&s;t. Thomas Scot</HI> made report to the Hou&s;e of Commons of the private Letters brought out of <HI>Scotland</HI> by Ma|&s;ter <HI>Haly-barton,</HI> (whereof I have formerly given you notice) this Gentleman being a publique Me&s;&s;enger from the Kingdom of <HI>Scotland,</HI> (and not from Duke <HI>Hamilton</HI> or his Army, whom on|ly the Hou&s;e of Commons have declared Enemies, without the concurrence of the Lords) hath leave given him by the Lords to &s;tay a Month in <HI>England;</HI> yet the Commons have &s;ince Voted he &s;hall be gone in twenty four hours, or el&s;e he &s;hall be &s;ent home in Cu&s;tody. The&s;e Letters are mo&s;t of them written in Chara|cters, yet this wel-gifted Brother <HI>Scot,</HI> hath found out a New
<PB N="127" REF="68"> Light to Decipher them by; and can tell by In&s;piration, or by Privilege of Parliament, what Cypher or Character mu&s;t &s;ignifie &s;uch a Letter of the Alphabet, or &s;uch a mans name. This engine added to the Schi&s;matical High Commi&s;&s;ion or Committee of Clande&s;tine Examinations, is better than any &s;pring or trap to catch any active Presbyterian that lies cro&s;&s;e to the de&s;ign of the Godly.</P>
<P>They may &s;uppo&s;e any mans name to lie hid under &s;uch or &s;uch Characters and Cyphers, and &s;o accu&s;e him by virtue of this my&s;te|rious art, of ayding or complying with the Scots or the Prince, and pin what&s;oever the Faction plea&s;eth to call Trea&s;on upon his &s;leeve; the&s;e are the Arts of the Godly to make Innocency it &s;elf &s;eem nocent, and remove out of the way &s;uch as hinder the erect|ing the Kingdom of the Saints.</P>
<P>The&s;e Letters &s;o decyphered, were afterwards at a Conference reported to the Lords.</P>
<P>Wedne&s;day, 9 <HI>Augu&s;t.</HI><NOTE PLACE="marg">126. The City Peti|tion an&s;wered.</NOTE> The An&s;wer to the City Petition (the day before delivered to the Hou&s;e of Commons) was reported to the Hou&s;e. It was an An&s;wer to &s;ome of the Prayers of that Pe|tition only, but gave no An&s;wer to their de&s;ires, for the Disban|ding of all Armies to ea&s;e the people of their Burdens. The re&s;to|ring of the peoples Lawes and Liberties. The enjoyning all Mem|bers to attend the Hou&s;e; nor to the effectuall ob&s;ervation of the &s;elf-denying Ordinance: this la&s;t is a <HI>noli me tangere;</HI> if all Mem|bers &s;hould be enjoyned to be &s;elf-denying men, there would be few Godly men left in the Hou&s;e; How &s;hould the Saints po&s;&s;e&s;&s;e the good things of this world? yet (after &s;ome debate, and divers expre&s;&s;ions u&s;ed by <HI>Weaver</HI> and <HI>Harvy,</HI> That it appeared by the Petition that the City would de&s;ert the Parliament) they gave an An&s;wer to their de&s;ires concerning the union to be kept with <HI>Scot|land,</HI> and a Ce&s;&s;ation of all acts of Ho&s;tility during the Treaty of Peace; That they had Voted the Army under Duke <HI>Hamilton</HI> Enemies, and Declared, They would Act accordingly again&s;t them, to which they would adhere.</P>
<P>Ma&s;ter <HI>Hugerford</HI> argued,<NOTE PLACE="marg">127. The Commons debate to take away the Lords Negative voice and act without them.</NOTE> That becau&s;e the Lords had denyed to concur in the &s;aid Vote, he conceived the Hou&s;e could make no &s;uch Declaration, nor act therein without them. This put the Zealous into a flame, that any Member &s;hould argue again&s;t the Pr<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">vileges of their Hou&s;e, &s;o far as to deny them to be Almigh|ty
<PB N="128" REF="69"> &s;ingly, and <HI>per &s;e: Reynolds</HI> the Lawyer po&s;itively affirming, <HI>that the Hou&s;es of Commons (being the Repre&s;entative of all the People) had power to Act without the Lords for &s;afety of the people, in ca&s;e the Lords de&s;erted their tru&s;t:</HI> you &s;ee in this doctrine (as it hath been already, and is likely to be practi&s;ed hereafter) a ground layd to &s;ubvert the foundation of all Parliaments for e|ver, and to bring all degrees of men to a parity or levell. For the Parliament (by all the known Laws of the Land) con&s;i&s;ting of 3. E&s;tates,</P>
<P N="1">1. <HI>King,</HI> 2. <HI>Lords,</HI> And 3. <HI>Commons.</HI></P>
<P>Two of the E&s;tates (<HI>viz.</HI> the Lords and Commons) have already laid by the King, and His Negative Voice; and now the Com|mons debate of laying by the Lords, and their Negative Voice, becau&s;e (in their judgement) they de&s;ert their Tru&s;t. And &s;o the Commons alone &s;hall act as a Parliament without KING or Lords, until falling into contempt and hatred of the people, (which will &s;oon happen) the Grandees of <HI>Derby-hou&s;e</HI> and the Army &s;hall take advantage to lay the Hou&s;e of Commons by, and u&s;urp the <HI>Kings &s;upreme Governing Power,</HI> the <HI>Parliaments Legi&s;lative Power,</HI> yea and <HI>the Judges Judicative Power to them&s;elves,</HI> and e&s;tabli&s;h the <HI>many-headed Kingdom, Tyranny, or Oligarchy of the Saints</HI> (&s;o much contended for) in them&s;elves. <HI>O populum in &s;ervi|tutem paratum!</HI> as <HI>Tyberius</HI> &s;aid of the <HI>Romans.</HI> This is the tail of the Viper, here lies his venom.</P>
<P><NOTE PLACE="marg">128. Dead men Se|que&s;tred, and the Sanctuary of the Grave violated.</NOTE>Saturday, 12 <HI>Augu&s;t,</HI> A Me&s;&s;age was &s;ent to the Commons from the Hou&s;e of Lords in the behalf of Commi&s;&s;ary Generall <HI>Copley,</HI> who had bought, and had a grant of the Ward&s;hip of the Heir of Sir <HI>William Hansby,</HI> for which he paid Fine and Rent, and was outed of it by a Seque&s;tration laid upon <HI>Hansby's</HI> E&s;tate after his death, he having been never que&s;tioned for Delinquency during his life-time; and this was maliciou&s;ly done about the time when Ma&s;ter <HI>Copley</HI> was Impri&s;oned by the power of the Independent Faction, (whereof I have already &s;aid &s;omething) Ma&s;ter <HI>Copley</HI> de&s;ired the Seque&s;tration might be taken off, and he permitted to enjoy his Contract made with the Court of Wards; alleging, that to Seque&s;ter or condemn a man after his death, when he could not an&s;wer for him&s;elf, was again&s;t the Laws of the Land, even in the highe&s;t crimes of Felony and Trea&s;on: and produced a Pre&s;ident, <HI>That the Committee of Lords and
<PB N="129" REF="69"> Commons for Seque&s;trations had taken off a Seque&s;tration from the Lands of</HI> Andrew Wall, for no other rea&s;on but becau&s;e An|drew Wall <HI>was Seque&s;tred after his death.</HI> The ca&s;e was diver&s;ly argued; it was alleged, <HI>that in ca&s;es of the highe&s;t Trea&s;on no man was condemned after death, becau&s;e he was not then in being to an&s;wer for him&s;elf, there could be no proceeding in Law again&s;t a</HI> non ens. In Felony <HI>if a man will &s;tand mute, he forfeits not his lands, be|cau&s;e there wants an An&s;wer,</HI> and yet it was his own fault not to an&s;wer. The Parliament is bound by all their Declarations made both to KING and People, and by the Nationall Covenant which contains all the fir&s;t and ju&s;t Principles of the Parliament, <HI>to defend the Laws and Liberties of the Land,</HI> and not to &s;ubvert them. Take heed of giving &s;o dangerous a Pre&s;ident for Kings to act by hereafter again&s;t the People, and again&s;t this Parliament and their friends; &s;ince no man yet knows which way the tide may turn. But the Independent Faction (who&s;e intere&s;t it is to keep them&s;elves rich, and all men el&s;e poor) argued the ca&s;e meer|ly upon point of profit and conveniency, and neglected the right and <HI>jus</HI> of the bu&s;ine&s;&s;e. They alleged, <HI>That men of desperate re&s;o|lutions would not reward the lo&s;&s;e of their own lives, &s;o as they might pre&s;erve their Wives and Children: That the State</HI> (as they plea&s;ed to &s;tile it) <HI>would lo&s;e much by &s;uch an example, they could not there|fore approve of the lenity of the Lords and Commons u&s;ed in</HI> Walls <HI>ca&s;e; many had been Seque&s;tred after death,</HI> and &s;o arguing <HI>&agrave; facto ad jus;</HI> alleged, <HI>that in ca&s;e of Monopolies, &s;atisfaction had been awarded out of dead mens E&s;tates.</HI> But they forgot that out of Seque&s;trations no &s;atisfaction is given to the parties wronged; the Committees and Seque&s;trators imbezelling the profits of them to increa&s;e their own gains, not be&s;towing them to re|pair injured mens lo&s;&s;es, and &s;o the equity upon which this Pre&s;i|dent is founded, faileth in ca&s;e of Seque&s;trations. Thus you &s;ee the&s;e greedy Canibal Saints (like the hungry dogs that ate <HI>Je&s;abel</HI>) will devour carrion, or any thing that will make them fat and full: yet they declared, <HI>They were willing this Seque&s;tration &s;hould be be&s;towed upon Ma&s;ter</HI> Copley <HI>as a Gratuity, not as a Right for fear of the example.</HI> Ob&s;erve, that if Ma&s;ter <HI>Copley</HI> had waived his Title by Compo&s;ition, and accepted this Ward&s;hip as a Gift, they would pre&s;ently have publi&s;hed it in their <HI>News books,</HI> and <HI>Gilbert Mabbot</HI> &s;hould have proclaimed to all the world, that
<PB N="130" REF="70"> Presbyterians and Independents might be thought alike guilty of impoveri&s;hing the Kingdom: for the Faction labours nothing more than to have Companions in their &s;ins and &s;hames: At la&s;t it was pa&s;&s;ed, That Mr. <HI>Copley</HI> &s;hould have the Ward&s;hip re&s;tored to him, but great care taken it &s;hould not be drawn into example hereafter, that a man may not be Seque&s;tred for Delinquency af|ter his death, <HI>Cavete vobis mortui atque &s;epulti,</HI> dead mens graves are not &s;ecure from the&s;e <HI>Lycanthropi,</HI> the&s;e <HI>Lou-garons.</HI></P>
<P><NOTE PLACE="marg">129. The Me&s;&s;en|gers to the King, Report their Me&s;&s;age in the Hou&s;e of Commons.</NOTE>Monday, 14. <HI>Augu&s;t,</HI> Ma&s;ter <HI>Bulkeley</HI> in the name of him&s;elf and his fellow-Commi&s;&s;ioner Sir <HI>I. Hippe&s;ly</HI> (&s;ent to the King to acquaint him with the Vote of the two Hou&s;es, <HI>That they de|&s;ired a Treaty with the King upon the Propo&s;itions of</HI> Hampton-Court <HI>in what place of the I&s;land of</HI> Wight <HI>He &s;hould think fit, and that the Treaty &s;hall be with Honour, Freedom, and Safety to His Maje&s;ty</HI>) Reported to the Hou&s;e of Commons all the circum|&s;tances and emergencies of their imployment, (the Kings Let|ter of An&s;wer being carried to the Lords by the Earl of <HI>Middle|&s;ex,</HI> and therefore not delivered to the Commons for the pre&s;ent) which with much candor were related as followeth, <HI>That the KING bad them welcom, &s;aying, they came about a welcom bu&s;ine&s;&s;e (PEACE) which no man de&s;ired with more earne&s;t|ne&s;&s;e than Him&s;elf; and if there did not en&s;ue a Peace, the fault &s;hould not lie at his dore; and that He feared no ob&s;tructions from any but tho&s;e who gained by the War.</HI> He farther &s;aid, <HI>that His Maje&s;ty de&s;ired (immediatly after the delivery of the Votes) to &s;peak a word with them in private, which they mode&s;tly excu&s;ed for want of Commi&s;&s;ion.</HI> That about two days after his Maje&s;ty &s;eeing the &s;aid Commi&s;&s;ioners of the Parliament &s;tanding in the Pre&s;ence Chamber, fir&s;t beckoned the Earl of <HI>Middle&s;ex</HI> to him, and had &s;ome &s;hort di&s;cour&s;e &s;ingly with him, and then with Sir <HI>John Hippe&s;ly</HI> and Ma&s;ter <HI>Bulkeley</HI> one after another. The&s;e three Gentlemen afterwards comparing their notes, found the Kings di&s;cour&s;e to every of them to be all to one effect, <HI>viz. Ex|pre&s;&s;ing His de&s;ires of a good peace;</HI> and <HI>importuning them to do all good Offices conducing thereto. He farther related, that when they took leave of His Maje&s;ty, He delivered His An&s;wer in writng to them un&s;ealed;</HI> telling them, <HI>He doubted not their fidelity, though ill u&s;e had been made of His la&s;t An&s;wer which he &s;ent open, it ha|ving been debated in private, and a prejudice put upon it, before it was
<PB N="131" REF="70"> pre&s;ented to the Hou&s;es.</HI> This free and unpartial Report &s;hewing how earne&s;t his Maje&s;ty is for Peace, did the King &s;o much Right, that the Antimonarchical Faction looked upon it as done to their wrong, and <HI>Herbert Morley</HI> pre&s;ently &s;pit out his Venom to this purpo&s;e, Mr. Speaker, <HI>The&s;e Gentlemen have delivered all to you but what they &s;hould deliver, that is, the Kings An&s;wer, which they have &s;uffered fir&s;t to be carried to the Lords; they might have deli|vered you at lea&s;t a Copy thereof</HI> (it &s;hould &s;eem <HI>Morley</HI> had for|got that the Hou&s;e proceeds not upon Copies) <HI>My motion is, that &s;ince the&s;e Gentlemen have exceeded their Commi&s;&s;ion by conferring privatly with the King, the Hou&s;e may do well either to que&s;tion them therefore, or give them an Act of Oblivion for their good &s;ervice:</HI> This was cried upon a long time by the whole kennell of the Fa|ction, and at la&s;t put off till the next day, when the Lords &s;ending down the Kings Letter, the Hou&s;e &s;hould have the whole bu&s;i|ne&s;&s;e before them.</P>
<P>The next day being Tue&s;day, 15. <HI>Augu&s;t,</HI><NOTE PLACE="marg">130. The afore&s;aid Me&s;&s;engers a|gain.</NOTE> the Kings afore&s;aid Letter of An&s;wer with divers Votes thereupon were &s;ent down from the Lords to the Hou&s;e of Commons, when pre&s;ently the Beagles of the Faction &s;pent their mouths freely again&s;t the &s;aid Commi&s;&s;ioners again for lending the KING the civility of an eare in private, as above&s;aid. After a long debate, at la&s;t this Objecti|on &s;topped the Mouths of Malice it &s;elf, <HI>That if the&s;e Gentlemen had reported an aver&s;ne&s;&s;e in the King to Peace (and aggravated His Words as other Me&s;&s;engers had formerly done, whereof the King &s;eem'd to complain) it would have proved a welcome di&s;covery, and have been rewarded with Thanks in&s;tead of an Act of Oblivion.</HI> So with much adoe, <HI>Thanks were given to the &s;aid Gentlemen, with approbation of their proceedings.</HI></P>
<P>The &s;ame day the <HI>Militia</HI> of <HI>London</HI> were called into the Hou&s;e of Commons,<NOTE PLACE="marg">131. The <HI>Militia</HI> of <HI>London:</HI> Con|cerning pri|vate Li&s;ting by <HI>Skippon;</HI> and the <HI>Militia</HI> of the City.</NOTE> where Alderman <HI>Gybs</HI> in the name of the Com|mon-Council and <HI>Militia</HI> (not by Petition, but in a &s;et Speech) delivered the fears and jealou&s;ies of the City (even of the gra|ve&s;t, wi&s;e&s;t, and be&s;t affected) occa&s;ioned by <HI>Skippon</HI>'s underhand Li&s;ting of Schi&s;maticks, Antimonarchi&s;ts; his &s;etting up thereby a power again&s;t a power, to the endangering of a civil War within the Bowels of the City; weakning of the Trained Bands, de|bo&s;hing Servants from their Ma&s;ters, Children from their Pa|rents. That under colour of <HI>Skippon</HI>'s private Li&s;tings, other pri|vate
<PB N="132" REF="71"> Li&s;tings were carried on by Malignants, the Magi&s;trates of the City not being able to que&s;tion either, and di&s;tingu&s;h one from the other. That fear was a violent pa&s;&s;ion, and was now grown &s;o univer&s;al, that the Common Council knew not how to give &s;atisfaction therein, the Citizens u&s;ually clamouring, <HI>that if the Hou&s;es did not give them leave to look to their &s;afety, they mu&s;t have recour&s;e to the Law of Nature, and Act in their Militia with|out the Hou&s;es in order to Self-defence, allowable by all Laws, and practi&s;ed by this very Parliament again&s;t the King, and by</HI> Fairfax's <HI>Army again&s;t this Parliament.</HI></P>
<P>The Prayers of his Speech were three.</P>
<P N="1">1. That <HI>Skippon</HI>'s Li&s;ted men might be under the Militia of the City.</P>
<P N="2">2. That the expired Ordinance for Li&s;ting Forces might be re|vived.</P>
<P N="3">3. That the Militias of <HI>We&s;tmin&s;ter, Southwark,</HI> and the <HI>Ham|lets</HI> might be united with the City as formerly.</P>
<P>To this clau&s;e of having recour&s;e <HI>to the Law of Nature for Self-defence,</HI> great exceptions were taken in the debate of the Hou&s;e by the two <HI>A&s;hes, Ven, Harvy, Scot, Weaver,</HI> and other of the Godly pack. <HI>That the Parliament having fought with the King for the Militia, and having got it by the Sword, any other Intere&s;t, upon any title what&s;oever &s;hould dare to lay claim to any part of it.</HI> You &s;ee the&s;e Lyons of the Tribe will allow no Bea&s;ts of diffe|rent kind to &s;hare with them in their prey, although they did &s;weat and bleed with them in the hunting and catching it. The Grandees may as well &s;ay <HI>they have conquered our Laws and Li|berties;</HI> for (as I have in my <HI>General Conclu&s;ion</HI> cited) they &s;ay, <HI>That they fought with the King for his Negative Voice, and Legi&s;|lative Power, and that God hath by the Verdict of the Sword given judgement for them;</HI> and yet when the King claimed them by a better and more legal Title than the Sword, they could object the equity of the Laws again&s;t the killing letter of them, which they &s;ay, directs &s;till to the equitable &s;en&s;e of all Laws, as di&s;pen|cing with the very letter thereof as being &s;upreme to it when &s;afety and pre&s;ervation is concerned, and alleging, <HI>That all Au|thority is &s;eated fundamentally in the Office, and but mini&s;terially in the per&s;ons; and that it is no re&s;i&s;ting of Magi&s;tracy to &s;ide with the ju&s;t Principles of Nature.</HI> See the Declaration and Papers of the
<PB N="133" REF="71"> Army, p. 39. 40. and the Ectact Collect. p. 150. <HI>&amp; alibi pa&s;&s;im:</HI> In conclu&s;ion, after a tedious debate, the de&s;ires of the Citizens were referred to a Committee of the Hou&s;e to be wyer-drawn into an Ordinance, <HI>That all Forces rai&s;ed, and to be rai&s;ed in the City of</HI> London, <HI>and the Liberties thereof, &s;hould be &s;ubject to the Mi|litia of</HI> London (whereof <HI>Skippon</HI> is a Member) <HI>and under the Com|mand of Major General</HI> Skippon. When this Ordinance will be perfected, what the &s;en&s;e and meaning of this Riddle is, and what dangers may befall the City if <HI>Colche&s;ter</HI> be taken, or the <HI>Scots</HI> beaten, before they have leave to put them&s;elves into a po|&s;ture of defence, God knows. It was farther referred to bring in an Ordinance for uniting the afore&s;aid <HI>Militias.</HI> You &s;ee how jealous they are of late of the <HI>Militia,</HI> &s;ince the Grandees enter|tained new Principles, and new de&s;igns. In the Propo&s;itions pre|&s;ented to the King at <HI>Newca&s;tle,</HI> the Propo&s;ition for the <HI>Militia</HI> hath this provi&s;o, Provided <HI>that the City of</HI> London <HI>&s;hall have and enjoy all their Rights, Liberties, Franchi&s;es and Cu&s;toms, and U&s;a|ges in rai&s;ing and employing the Forces of that City for the defence thereof, in as full and ample manner to all intents and purpo&s;es, as they have, or might have u&s;ed or enjoyed the &s;ame at any time before the making of this Act or Propo&s;ition: to the end that City may be ful|ly a&s;&s;ured, it is not in the intention of the Parl. to take from them any Privileges or Immunities in rai&s;ing and di&s;po&s;ing of their Forces, which they have, or might have u&s;ed or enjoyed heretofore.</HI> This is a clear confe&s;&s;ion, that by the antient Cu&s;toms and U&s;ages of the City, they have Right to their own <HI>Militia,</HI> or el&s;e this <HI>Provi&s;o</HI> were vain; how&s;oever the learned Coun&s;el of the City fool them. The like <HI>provi&s;o</HI> word for word is contained in the Propo&s;ition for the <HI>Militia</HI> of <HI>Hampton</HI> Court, &s;aving that the la&s;t clau&s;e, <HI>That the City may be a&s;&s;ured the Parliament hath no intention to take from them any Privileges, &amp;c.</HI> is omitted, I think to plea&s;e the Army and their engaged party. See the Letters, Papers, Tran&s;actions of the Engli&s;h Commi&s;&s;ioners in <HI>Scotland</HI> with the Scots, &amp;c. p. 58.</P>
<P>Wedne&s;day 16 <HI>August.</HI> The Kings &s;aid Letter was read,<NOTE PLACE="marg">132. The Lords Votes upon the Kings Let|ter, debated in the Hou&s;e of Cmmons.</NOTE> and the Lords Votes thereupon: fir&s;t, (after &s;ome little oppo&s;ition) the Commons concurred with the Lords in recalling the 4 Votes <HI>for making and receiving no Addre&s;&s;es to or from the King:</HI> there|by, 1. Ab&s;olving him from a kind of Parliamentary Excommuni|cation.</P>
<P N="2"><PB N="134" REF="72">2. Re&s;toring to all Free-born Subjects the Liberty they are born to, of pre&s;enting their humble de&s;ires to his Maje&s;ty, and perfor|ming the duties of their Allegiance and Oath.</P>
<P>And 3. Reducing them&s;elves unto that &s;cope, and end, for which only the Writ &s;ummons them as a Parliament, <HI>viz. To Treat with the King.</HI> The &s;econd Vote, was, <HI>To recall the In&s;tru|ctions of Parliament given to</HI> Hammond, <HI>how to carry him&s;elf in his Charge towards the King, His Servants, and all Re&s;orters to Him, &amp;c.</HI> This was laid by, to be debated in the la&s;t place, after all the re&s;t of the Lords Votes. The third Vote read, was, <HI>That &s;uch men of all profe&s;&s;ions as the King &s;hould &s;end for, as of nece&s;&s;ary u&s;e to Him in the Treaty, may be admitted to wait on him, and that He might be in the &s;ame state of Freedom He was in when He was la&s;t at</HI> Hampton-Court. This Vote (in&s;tead of concurring with the Lords) was divided. The fir&s;t part (after many objections to it) was moulded into this following que&s;tion, and carried in the affirma|tive, <HI>that His Majesty might &s;end for men of all profe&s;&s;ions, and he being de&s;ired first to &s;end a Li&s;t of their Names to the Parl. and nominating no Per&s;on excepted out of Pardon, none that have been in Actual War again&s;t the Parliament, nor any man that is un|der re&s;traint of the Parliament.</HI> The latter part of this Vote, <HI>for enjoying &s;uch Freedom as he was in at</HI> Hampton-Court, was di|ver&s;ly argued for the Ambiguou&s;ne&s;&s;e of it; the que&s;tion being, <HI>Whether &s;uch freedom as the Parliament allowed him, or &s;uch freedom as the Army</HI> (for their own ends) <HI>gave him,</HI> de facto, <HI>were intended?</HI> at la&s;t the que&s;tion was agreed to be <HI>in Terminis.</HI> The fourth Vote, was, <HI>that the Scots &s;hould be invited to the trea|ty:</HI> this likewi&s;e was doubtfully argued, 1. <HI>Whether they &s;hould be invited by the Parliament? con&s;idering they had broken the large treaty, National Covenant, and Union, by &s;urprizing and Garri&s;o|ning</HI> Barwick <HI>and</HI> Carli&s;le, <HI>and by entring</HI> England <HI>with an Army:</HI> This was carried in the Negative. The 2. Debate, was, <HI>Whether it &s;hould be left to the King to invite the Scots to &s;end &s;ome per&s;ons au|thorized to treat upon &s;uch Propo&s;itions as they &s;hould make for the Intere&s;t of</HI> Scotland <HI>only?</HI> This likewi&s;e was oppo&s;ed for the rea|&s;ons afore&s;aid, and becau&s;e the Power and Authority of <HI>Scotland</HI> was now in the hands of Duke <HI>Hamilton</HI> and a few di&s;-affect|ed per&s;ons, who were not likely to &s;end any of the hone&s;t God|ly party to Treat, whereby the Treaty would be carried on
<PB N="135" REF="72"> to the di&s;advantage and ruine of the Godly and of the Church, our only friends there: And Mr. <HI>A&s;hur&s;t</HI> related, <HI>That the major part of the pa&s;t Parliament of</HI> Scotland <HI>over-powred the minor part by an Army, and &s;o got the Engagement and other Acts, and the Committee of Estates pa&s;&s;ed, again&s;t which the A&s;&s;embly of the Kirk (con&s;isting of</HI> 400 <HI>per&s;ons) declared with one Voice.</HI> I know not what he meant, by &s;aying <HI>the major part in</HI> Scotland <HI>over-pow|red the minor,</HI> when I con&s;ider that <HI>major pars obtinet rationem totius,</HI> the major part is virtually the Parliament, to which the mi|nor part mu&s;t &s;ubmit; although here in <HI>England</HI> the le&s;&s;er part of the Parliament engaging and con&s;piring with an Army (whom them&s;elves in a full and free Parliament had formerly declared <HI>E|nemies to the State</HI>) overpowred the greater part, contrary to rea&s;on and practice. This que&s;tion &s;eemed to agree with the &s;en&s;e of the Independents rea&s;onably well, becau&s;e it leaves it onely to the plea&s;ure of the King to Treat di&s;-junctively with the <HI>Scots</HI> upon the &s;ole Intere&s;t of <HI>Scotland,</HI> as men no ways concer|ned in the &s;ettlement of Peace in <HI>England;</HI> whereby it is tacitely inferred, that the Treaties, Covenant, and Union between the two Kingdoms is di&s;&s;olved, &s;o the que&s;tion afore&s;aid was put with this addition, <HI>That if the King &s;hall be plea&s;ed to invite the</HI> Scots <HI>to &s;end &s;ome Per&s;ons Authorized, &amp;c. the Parliament will give them &s;afe conduct.</HI> The fifth Vote of the Lords was, <HI>That</HI> Newport <HI>in the</HI> I&s;land of Wight <HI>&s;hould be the place of Treaty:</HI> to which the Commons concurred. With the&s;e debates ended this Week the 19 day of <HI>Augu&s;t.</HI></P>
<P>About this time came forth a Book entituled,<NOTE PLACE="marg"><HI>133. A pe&s;tilent Book, called,</HI> [The nece&s;sity of the ab&s;olute power of Kings, &amp;c.]</NOTE> [<HI>The nece&s;&s;ity of the ab&s;olute power of all Kings; and in particular, of the King of</HI> England] concerning which, I am to admoni&s;h the Reader, that it is conceived to be a Cockatrice hatched by the Antimonarchi|cal Faction, to envenome the people again&s;t the KING and PRINCE.</P>
<P>The next Week begins with Monday 21 <HI>Augu&s;t,</HI> of who&s;e proceedings I can give you only an imperfect &s;cambling relation; and &s;o &s;hall &s;urcea&s;e all farther endeavours in this kind, becau&s;e I have already delivered enough for your In&s;truction, if God have not appointed you to be led blindfold into the pit dig|ged for your de&s;truction; but principally becau&s;e my good <HI>Geni|us,</HI> that furni&s;hed me with Intelligence, hath now retired
<PB N="136" REF="73"> him&s;elf from acting without hope, to praying with faith, for his Country; being tired out with hearing and &s;eeing &s;o much &s;inne and folly as now raigns at <HI>We&s;tmin&s;ter:</HI> and I love not much to take news upon tru&s;t from the vulgar Peripateticks of the Hall.<NOTE PLACE="marg">134. Mr. <HI>Martyns</HI> levelling practi&s;es and principles.</NOTE> The chief things of note were, More Complaints of <HI>Henry Mar|tyn,</HI> who now declares him&s;elf <HI>for a Community of Wealth,</HI> as well as of Women, <HI>and prote&s;ts again&s;t King, Lords, Gentry, Lawyers, and Clergy,</HI> nay, <HI>again&s;t the Parliament it &s;elf,</HI> in who&s;e bo&s;ome this Viper hath been fo&s;tered, and <HI>again&s;t all Magi&s;trates;</HI> like a &s;econd <HI>Wat Tyler,</HI> all Pen and Inkhorn-men mu&s;t down. His Le|velling Doctrine is conteined in a Pamphlet, called, <HI>[Englands Troubler Troubled]</HI> wherein, <HI>All Rich men what&s;oever are declared Enemies to the Mean men of</HI> England, and (in effect) War de|nounced again&s;t them.</P>
<P><NOTE PLACE="marg">135. <HI>Skippon's</HI> Li&s;tings.</NOTE>Next, the Ordinance <HI>for transferring over to the Militia of</HI> Lon|don Skippon's <HI>power of li&s;ting men in</HI> London, was pa&s;&s;ed in the Hou&s;e of Commons, with this Coloquintida in it, <HI>That</HI> Skippon <HI>&s;hould name and appoint Commanders and Officers for the Forces li|&s;ted, to be approved of by the Militia of</HI> London.</P>
<P><NOTE PLACE="marg">136. <HI>Cromwel's</HI> laureat letters 20 Aug. 1648:</NOTE>A Letter from <HI>Oliver Cromwel</HI> was read in the Hou&s;e of Com|mons, <HI>relating his ea&s;ie victory over Duke</HI> Hamilton <HI>and Major Gen.</HI> Bayly, (which puts me in mind of <HI>Ovid's</HI> Victory over <HI>Corin|na,</HI> of whom he &s;aith, <Q>Victa est, nou aegr&egrave;, proditione &s;ua.)</Q> and conteining an admonition <HI>not to hate Gods people, who are as the apple of his eye, and for whom even Kings &s;hall be reproved: and exhorting the Speaker</HI> (to whom it was written) <HI>to fullfill the end of his Magi&s;tracy, that all that will live peaceably and quietly (viz.</HI> in Va&s;&s;alage to <HI>Oliver</HI> and his Faction, and neglect Religion, Laws, and Liberties) <HI>may have countenance from him.</HI> (God ble&s;&s;e all ho|ne&s;t men from the light of <HI>Oliver's</HI> countenance, le&s;t in an <HI>ignis fa|tuus</HI> mi&s;lead them from the duties of their Oaths of Allegiance, Supremacy, Pote&s;tation, and Covenant) <HI>and they that are implaca|ble, may &s;peedily be de&s;troyed out of the Land.</HI></P>
<P><NOTE PLACE="marg">137. Martial Law in <HI>London.</HI></NOTE>To prepare the way to who&s;e de&s;truction, it was Ordered, <HI>That an Ordinance be penned, and brought into the Hou&s;e of Com|mons, to try all &s;uch by Martial Law in the City of</HI> London <HI>as &s;hall be found to plot, de&s;ign, or contrive any thing, to endanger the Parliament or City.</HI> And yet <HI>London</HI> is no Garri&s;on now as it
<PB N="137" REF="73"> was when <HI>Tomkims</HI> and <HI>Challoner</HI> were tried; not is there any Enemy con&s;iderable in the Field, whereby the known Laws of the Land may not pa&s;&s;e currently through the Kingdom: but our known Laws are not written in blood; nor are they &s;o flexible as to make all Traytors, the Faction plea&s;eth to call &s;uch.</P>
<P>Yet as cruel as the&s;e Caco fuegos of the Faction are to &s;ome,<NOTE PLACE="marg">138. <HI>Rolf</HI>'s Bayl a|gain pre&s;&s;ed.</NOTE> they have mercy enough for <HI>Rolf,</HI> who&s;e Bayl was again exceeding|ly pre&s;&s;ed: and that his two Pro&s;ecutors <HI>Osburn</HI> and <HI>Dowcet</HI> &s;hould be under re&s;traint in his &s;tead; whom they have forejudged (out of the King's Letter to the Hou&s;es) not to be able to prove their in|formation, whereas it may be di&s;cretion in the King not to encrea&s;e his danger by acknowledging it.</P>
<P>Saturday, 26. <HI>Augu&s;t.</HI><NOTE PLACE="marg">139. The KINGS Letter to the States of <HI>Scot|land</HI> taken from <HI>Haly-burton.</HI></NOTE> The King's Letter to the Committee of States in <HI>Scotland, &amp;c.</HI> in An&s;wer to their Letter &s;ent to Him by <HI>Haly-burton</HI> (which Letter was taken from <HI>Haly-burton,</HI> although a publique Mini&s;ter of State, and allowed by Parliament to carry their Letter to the King) was read in the Hou&s;e of Com|mons.</P>
<P>I hear in general, that it was excellently well penned, and a very ju&s;t, hone&s;t, and peaceable Letter. Yet it was Voted, neither to be &s;ent to the Lords, nor to be re&s;tored to <HI>Haly-burton;</HI> but damned to clo&s;e impri&s;onment in a Box, under Seal; le&s;t the people &s;hould know how truly zealous his Maje&s;ty is to &s;ettle Peace in the Land: a my&s;tery their under&s;tandings mu&s;t not be tru&s;ted withall.</P>
<DIV2 TYPE="part">
<HEAD>Prolegomena. Promi&s;es, Prote&s;tations, and Covenants, made by this Parliament in behalf of the King and People.</HEAD>
<P>AFter a repetition of many good Acts and Conce&s;&s;ions obtai|ned by this Parliament of the King for the ea&s;e of the People,<NOTE PLACE="marg">Remon&s;trance <HI>15.</HI> December <HI>1642.</HI> Exact. Collect. p. <HI>15.</HI></NOTE> they &s;ay farther, <HI>that other things of main importance for the good of this Kingdom are in Propo&s;ition, &amp;c. which yet before the end of this Se&s;&s;ion they hope may receive &s;ome progre&s;&s;e and perfection; As the e&s;tabli&s;hing and ordering the Kings Revenue, &amp;c. The Regula|ting
<PB N="138" REF="74"> of Courts of Ju&s;tice, and the abridging both the delaies and Charges of Law Sutes, &amp;c. Preventing the exportation of Gold and Silver; and the inequality of Exchanges between this and other Kingdoms; improving the Herring fi&s;hing upon our Coa&s;ts, &amp;c.</HI> which things in all their Propo&s;itions and Addre&s;&s;es to the King have not been once mentioned, nor any thing el&s;e but what makes for the profit, preferment, and power of a few ambitious Grandees of the Parliament, and Army; in order to which, they demand the <HI>Militia</HI> of a &s;tanding Army, with an arbitrary power to rai&s;e what Forces by Land and Sea, con&s;i&s;ting of what per&s;ons, and to rai&s;e what &s;ums of Money out of every mans E&s;tate they plea&s;e: which power the King hath not to give, neither did He nor His Ance&s;tors ever exerci&s;e: the only <HI>Militia</HI> they u&s;ed having been either the <HI>Po&s;&s;e Commitatus under the Sheriffs,</HI> which is very legal and anti|ent, or <HI>the Militia of Trained Bands under Lord Lieutenants, and their Deputy Lieutenants,</HI> which is a new invention. Nor did the policy of our Law ever tru&s;t the <HI>power of the Sword,</HI> and <HI>the Pur&s;e in one hand,</HI> for fear of en&s;laving the People.</P>
<P><NOTE PLACE="marg">Ex. Col. p. 19.</NOTE>They farther declare, <HI>That it is far from their purpo&s;e or de&s;ire to let loo&s;e the Golden reins of Di&s;cipline and Government in the Church, to have private per&s;ons or particular Congregations to take up what form of Divine Service they plea&s;e, becau&s;e they hold it re|qui&s;ite that there &s;hould be throughout the whole Realm a Conformity to that Order which the Laws enjoyn.</HI></P>
<P><NOTE PLACE="marg">Ex. Col. p. 203.</NOTE>They farther &s;ay there, <HI>That the gracious favour His Maje&s;ty expre&s;&s;ed in the Bill for continuance of this Parliament, and the ad|vantage and &s;ecurity which they thereby have from being Di&s;&s;olved, &s;hall not encourage them to do any thing, which otherwi&s;e had not been fit to have been done.</HI></P>
<P><NOTE PLACE="marg">Ex. Col. p. 281.</NOTE>They conclude the &s;aid Declaration thus, <HI>That they doubt not but it &s;hall in the end appear to all the world, that their endeavours have been mo&s;t hearty and &s;incere, for the maintenance of the true Prote|stant Religion, The Kings ju&s;t Prerogatives, The Laws and Li|berties of the Land, and the Privileges of Parliament, in which in|deavours (by the Grace of God) they would &s;till per&s;i&s;t, though they &s;hould peri&s;h in the work.</HI></P>
<P><NOTE PLACE="marg">Ex. Col. p. 376.</NOTE>In their Declaration, 4. <HI>June</HI> 1642. The Lords and Commons do declare, <HI>That the De&s;ign of their Propo&s;itions for Plate and Money is, To maintain the Prote&s;tant Religion, the King's Authority and
<PB N="139" REF="74"> Per&s;on, in his Royal Dignity; The free Cour&s;e of Ju&s;tice, The Laws of the Land,</HI> (what then becomes of Martial Law, and Committee Law?) <HI>The Peace of the Kingdom, and Privileges of Parliament.</HI></P>
<P>In their Propo&s;itions for bringing in Money and Plate,<NOTE PLACE="marg">Ex. Col. p. 340.</NOTE> 10. <HI>June</HI> 1642. the Lords and Commons declare, <HI>That no mans affections &s;hall be mea&s;ured according to the proportion of his offer, &s;o that he expre&s;s his good will to the Service in any proportion what&s;oever,</HI> (that is, &s;o that he ingage with them) yet notwith&s;tanding the 29. <HI>No|vemb.</HI> following,<NOTE PLACE="marg">Ex. Col. p. 765.</NOTE> the &s;ame Lords and Commons appointed a Com|mittee of 6. per&s;ons, who &s;hould have <HI>power to A&s;&s;e&s;s all &s;uch per&s;ons as were of ability, and had not Contributed, and &s;uch as had Contributed, yet not according to their ability,</HI> (which is now looked upon as a Malignancy) <HI>to pay &s;uch &s;ums of Money, according to their E&s;tates, as the A&s;&s;e&s;&s;ors, or any of them &s;hould think fit, &s;o as the &s;ame exceeded not the</HI> 20. <HI>part of their E&s;tates.</HI> The power is &s;till exerci&s;ed by all Country Committees, to a 5. and 20. part, charged upon all men, even &s;uch as have been de&s;troyed and un|don, or laid forth them&s;elves beyond their abilities, for their &s;ervice to this Parliament.</P>
<P>In the <HI>National Covenant</HI> taken by this Parliament, and by them impo&s;ed upon the Kingdom to be taken with <HI>hands lifted up to the mo&s;t High God,</HI> the Lords and Commons vow, <HI>To maintain the King</HI>'s <HI>Per&s;on, Crown and Dignity, in Defence of Religion, Laws, and Liberties, &amp;c. To &s;uppre&s;s all Errors, Here&s;ies, Blasphemies, and Schi&s;ms; and to defend one another mutually in the &s;ame work with their lives and fortunes;</HI> yet is the &s;ame Covenant now ca&s;t a&s;ide, and called, <HI>An Almanack out of date.</HI> Many men have been puni&s;hed for attempting to keep it. And (I hear) the Hou&s;e of Commons are now upon pa&s;&s;ing an Ordinance for <HI>Martial Law to be executed in</HI> London, <HI>upon all &s;uch per&s;ons, as having taken the &s;aid Covenant, &s;hall attempt or de&s;ign any thing again&s;t the Parlia|ment or City of</HI> London: what is this but to impo&s;e a &s;pecial penal|ty upon &s;uch as have taken the Covenant, and leave tho&s;e that have not taken it free? And who doubts but that the &s;aid Council of War &s;hall con&s;i&s;t of Anti-monarchical Schi&s;maticks and Anti-covenanters, for the mo&s;t part, who &s;hall &s;tretch every word to the utmo&s;t extent. And this is now in brewing, contrary to the <HI>Petition of Right,</HI> 3. <HI>Caroli,</HI> &amp; <HI>Magna Charta,</HI> no con&s;iderable enemy being in the Field, and the Courts of Ju&s;tice in <HI>We&s;tmin&s;ter hall</HI> &s;itting:
<PB N="140" REF="75"> nay, I hear (like <HI>Janus Bifrons</HI>) this Law (if I do not mi&s;-call it) looks backwards to Acts pa&s;t, as well as forward, contrary to the nature of all Laws, which have an admoni&s;hing power to warn men of the evil to come, before they can have a puni&s;hing power for evils pa&s;&s;ed: Therefore the Apo&s;tle &s;aith, <HI>Sin is a breach of a Commandement, (or Law) I had not known Sin but by the Law.</HI> The Law therefore mu&s;t be previous to the Sin. How the &s;aid Pro|mi&s;es and Covenant, and many more have been kept, let the world judge.</P>
<P>What the Promi&s;es, Undertakings, and Propo&s;als of the Army have been in order to &s;etling the peace of the people of this King|dom, and of the King's ju&s;t Rights and Prerogatives, and their own Disbanding, are to be found in their many printed Papers; which I will here omit, becau&s;e they had no lawfull calling or war|rant for &s;uch undertakings, and how they have been pro&s;ecuted and perfomed, is obvious to every capacity.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD><NOTE PLACE="marg">General Conclu&s;ion.</NOTE>Out of the&s;e Premi&s;es, I &s;hall draw the&s;e Conclu&s;ions following.</HEAD>
<P N="1"><NOTE PLACE="marg">1. The Grandees have &s;ubverted the fundamen|tal Govern|ment of the Kingdom, and why?</NOTE>1. THe <HI>engaged Party</HI> have laid the <HI>Axe</HI> to the very root of <HI>Monarchy</HI> and <HI>Parliaments;</HI> they have ca&s;t all the My&s;te|ries and &s;ecrets of Government, both by Kings and Parliaments, before the vulgar, (like Pearl before Swine) and have taught both the Souldiery and People to look &s;o far into them, as to ra|vel back all Governments, to the fir&s;t principles of nature: He that &s;hakes Fundamentals, means to take down the Fabrick. Nor have they been careful to &s;ave the materials for Po&s;terity. What the&s;e negative Stati&s;ts will &s;et up in the room of the&s;e ruined buil|dings, doth not appear, only I will &s;ay, <HI>They have made the People thereby &s;o curious and &s;o arrogant, that they will never find humility enough to &s;ubmit to a civil rule;</HI> their aim therefore from the be|ginning was to rule them by the power of the Sword, a military Ari&s;tocracy or Oligarchy, as now they do. Among&s;t the ancient <HI>Romans, Tentare arcana Imperii,</HI> to prophane the My&s;teries of State, was Trea&s;on; becau&s;e there can be no form of Government without its proper My&s;teries, which are no longer My&s;teries than while they are concealed. Ignorance, and Admiration ari&s;ing
<PB N="141" REF="75"> from Ignorance are the Parents of civil devotion and obedience, though not of Theological.</P>
<P N="2">2. Nor have the&s;e <HI>Grandees</HI> and <HI>their party in the Synod,</HI><NOTE PLACE="marg">2. They have &s;ubverted the Church.</NOTE> dealt more kindly with the <HI>Church,</HI> than with the <HI>Common-wealth;</HI> who&s;e reverend my<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">teries, their Pulpits and holy Sacraments, and all the functions of the Mini&s;tery are by their connivence profa|ned by the <HI>clouted &s;hoe; the ba&s;e&s;t and lowe&s;t of the People making them&s;elves Prie&s;ts,</HI> and with <HI>a blind di&s;tempered zeal Preaching &s;uch Doctrine as their private spirits</HI> (&s;pirits of illu&s;ion) <HI>dictate to them;</HI> But let them know, <HI>that their burning zeal without know|ledge, is like Hell fire without light.</HI><NOTE PLACE="marg">The Sacra|ment of the Lords Supper di&s;continued&punc; and why?</NOTE> Yet the greate&s;t wonder of all is, <HI>That they &s;uffer the Lords &s;upper</HI> (that Sacrament of Corro|boration) <HI>to be &s;o much neglected in almo&s;t all the Churches in the Kingdom: Is it becau&s;e men u&s;ually before they receive our Savi|our</HI> (that ble&s;&s;ed gue&s;t) <HI>&s;weep the hou&s;e clean, ca&s;ting out of their hearts</HI> (tho&s;e living Temples of the holy Gho&s;t) <HI>Pride, Ambition, Covetou&s;ne&s;&s;e, Envy, Hatred, Malice, and all other unclean Spi|rits to make fit room to entertain</HI> Je&s;us, <HI>that Prince of Peace,</HI> whereby the people having their minds prepared for <HI>Peace, Cha|rity</HI> and <HI>Reconciliation,</HI> may happily &s;poil the <HI>trade</HI> of our <HI>Gran|dees,</HI> who can no longer maintain their u&s;urped dominion over them, than they can keep them di&s;-united with quarrels and feuds, and uphold tho&s;e badges of factions, and tearms of di&s;tinctions and &s;eparations, <HI>Cavaliers, Roundheads, Malignants, Well-affe|cted, Presbyterians,</HI> and <HI>Independents?</HI> or is it becau&s;e they fear, if the Church were &s;etled in peace and unity, it would be a mean to unite the Common-wealth, as a quiet cheerfull mind often cureth a di&s;tempered body? I will not take upon me to judge another mans Servant; but many &s;u&s;pect this is done out of de&s;ign, not out of peevi&s;hne&s;&s;e.</P>
<P N="3">3. That the&s;e <HI>Grandees</HI> govern <HI>by power,</HI> not <HI>by love,</HI><NOTE PLACE="marg">3. The Grandees rule by the ar|bitrary power of the Sword, not by the Lawes.</NOTE> and the <HI>Laws of the Land,</HI> (which was my la&s;t a&s;&s;ertion) appears by,</P>
<P N="1">1. The many Garri&s;ons they keep up, and numerous Army they keep in pay to over-power the whole Kingdom, more than at fir&s;t the Parliament Voted, all in the hands of Sectaries.</P>
<P N="2">2. Their compelling the Parliament to put the the whole <HI>Mi|litia</HI> of <HI>England</HI> and <HI>Ireland</HI> by Land and by Sea, in the power of Sir <HI>Thomas Fairfax</HI> and their party, together with all Gar|ri&s;ons.</P>
<P N="3"><PB N="142" REF="76">3. Nor do they think the Laws of the Land exten&s;ive enough for their purpo&s;es; therefore they piece them out with Arbitrary Ordinances, impeachments before the Lords, and Mar&s;hall Law, which is now grown to that height, that the Council of War, General, and Judge advocate of the Army do u&s;ually &s;end forth Injunctions to &s;tay Sutes, and relea&s;e judgements at Law, or el&s;e to attend the Council of War where&s;oever they &s;it, to &s;hew cau&s;e to the contrary; and when Lieutenant Colonel <HI>Lilburn</HI> was ordered to be brought to the Kings-Bench-Bar, upon his <HI>habeas Corpus,</HI> Ea&s;ter Term, 1648. <HI>Cromwel</HI> &s;ent word to the Lieutenant of the <HI>Tower</HI> not to bring him; and <HI>Cromwel</HI> was obeyed, not the Judges. Thus the <HI>Laws of the Land</HI> are daily baffled, that men may be accu&s;tomed to arbitrary Government, and tho&s;e actions which no <HI>Law of the Land</HI> calls a <HI>Crime,</HI> may be interpreted <HI>Trea|&s;on</HI> when our <HI>Grandees</HI> plea&s;e to have it &s;o.</P>
<P N="4">4. Their <HI>allowing money</HI> to &s;ome <HI>Committees</HI> to <HI>reward Infor|mers, Spies</HI> and <HI>Intelligencers,</HI> to <HI>betray</HI> even their neare&s;t friends and relations.</P>
<P N="5">5. Their <HI>holding Hone&s;t, Generous,</HI> and <HI>Grave men in &s;u&s;picion,</HI> and making the <HI>Hou&s;es of Parliament and Army</HI> &s;nares to them, expelling them with <HI>fal&s;e</HI> and <HI>extrajudicial Accu&s;ations.</HI></P>
<P N="6">6. Their <HI>owning di&s;hone&s;t, ba&s;e-minded men,</HI> that have <HI>cheated the State,</HI> as in&s;truments fit to be <HI>confided in,</HI> and a&s;&s;ociate with them in <HI>time of danger.</HI></P>
<P N="7">7. Their <HI>impoveri&s;hing the people with confu&s;ed Taxes, decay of Trade, and ob&s;tructing of the Mint,</HI> and <HI>thereby breaking their &s;pirits.</HI></P>
<P N="8">8. Their <HI>changing and dividing the Militia</HI> of <HI>London</HI> purpo&s;e|ly to <HI>weaken it.</HI></P>
<P N="9">9. Their <HI>not re&s;toring to the Counties their Militia,</HI> and tru&s;ting them to <HI>defend their own hou&s;es</HI> as formerly.</P>
<P N="10">10. Their <HI>nouri&s;hing Factions in the Common-wealth, Schi&s;ms in the Church.</HI></P>
<P N="11">11. <HI>Expelling learned Divines</HI> to let in <HI>ignorant men.</HI> All the&s;e are tyrannical policies grounded upon the old principle, <HI>That a Tyrant &s;hould deprive his Subjects of all things that may nouri&s;h cou|rage, &s;trength, knowledg, mutual confidence and charity amongst them;</HI> which Maxim the Politicians &s;ay contains the <HI>whole Sy&s;teme or method of Tyrannical Government.</HI></P>
<P N="4"><PB N="143" REF="76">4.<NOTE PLACE="marg">4. The Indepen|dents divide the Taxes, Spoils, and preferments of the land be|tween them.</NOTE> As this encroaching Faction have <HI>u&s;urped all the Military and Civil power of both Kingdoms;</HI> &s;o they have <HI>monopolized all the great Offices, rich Imployments, and Trea&s;ure of the Land;</HI> they are clearly the predominant party in all <HI>Money Committees;</HI> they <HI>give daily</HI> to one another <HI>for pretended Services, Arrears, and Lo&s;&s;es, great &s;ums of money;</HI> many of their Largi&s;&s;es I have alrea|dy &s;et down. They gave lately to Col. <HI>Hammond</HI> Governour of the <HI>I&s;le of Wight,</HI> for his Table 20 l. a Week, 1000 l. in money, and 500 l. a year land; to Major General <HI>Skippon</HI> 1000 l. <HI>per annum</HI> land of Inheritance; to Colonel <HI>Mitton</HI> 5000 l. in money; <HI>Pri|deaux</HI> hath 100 l. a Week benefit by the Po&s;t-Ma&s;ters place; his whole E&s;tate (before this Parliament) was hardly worth a 100 l. nor is he eminent for any thing but <HI>impudence</HI> and <HI>arrogance.</HI> Mr. <HI>Row&s;e</HI> hath <HI>Eaton College,</HI> worth 800 l. <HI>per annum,</HI> and a Lea&s;e of that College worth 600 l. <HI>per annum,</HI> Sir <HI>William Alan&s;on</HI> the Hamper-Office, and <HI>Crab Castle</HI> worth 600 l. <HI>per annum,</HI> bravely wooded: Alder. <HI>Hoyl</HI> of <HI>York,</HI> the Trea&s;urers Remembrancers Office: Mr. <HI>Sallaway</HI> a poor Grocer, the Kings Remembrancers Office; neither of which, are able to read any one Record in tho&s;e Offices. <HI>Tho. Scot, Lambeth-hou&s;e:</HI> Sir <HI>Wil, Brereton, Croyden-hou&s;e.</HI> Col. <HI>Harvy, Fulham</HI> and <HI>Norwich-hou&s;es.</HI> Mr. <HI>Li&s;le</HI> the Ma&s;ter&s;hip of St. <HI>Cro&s;&s;es: Dennis Bonds</HI> 3 Sons, each of them a Place worth 500 l. a year, be&s;ides many others. All the cheating, covetous, ambitious per&s;ons of the Land, are united together un|der the name and title of <HI>The Godly, the Saints, &amp;c.</HI> and <HI>&s;hare the fat of the Land between them,</HI> few of them <HI>pay any Taxes,</HI> but <HI>all the Land payes Tribute to them.</HI></P>
<P>It is thought this <HI>Faction,</HI> their <HI>under-Agents</HI> and <HI>Factors</HI> have co&s;t this <HI>Commonwealth</HI> above 20 <HI>millions</HI> never laid forth in any publick &s;ervice; nay, the <HI>Trea&s;urers</HI> and <HI>Publicans</HI> of this <HI>Faction</HI> have <HI>clipped</HI> and <HI>wa&s;hed</HI> mo&s;t of the <HI>Money</HI> that comes into their fingers before they pay it forth, knowing that any <HI>money</HI> that comes out of their fingers will be accepted: <HI>two Gold-&s;miths</HI> are thought to be <HI>dealers this way,</HI> yet they <HI>lay the blame</HI> on the <HI>Sco|ti&s;h Army,</HI> as the <HI>Cuckow lays her brood in other Ne&s;ts.</HI></P>
<P N="5">5. Having thus imped their wings for flight,<NOTE PLACE="marg">5. The Indep<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">n|dents provided of places of retreat to flee to.</NOTE> they have provided them&s;elves of places of retreat in ca&s;e they cannot make good their &s;tanding in <HI>England: Ireland</HI> is kept unprovided for, that they may find room in it when nece&s;&s;ity drives them thither. If
<PB N="144" REF="77"> their hopes fail in <HI>Ireland,</HI> they have <HI>New-England, Bermudas, Barbadus,</HI> the <HI>Caribby</HI> I&s;les, the I&s;le of <HI>Providence, Eleutheria, Ly|gonia,</HI> and other places to retreat to, and lay up the &s;poils of <HI>Eng|land</HI> in: nay they u&s;ually &s;end <HI>che&s;ts</HI> and <HI>ve&s;&s;els with money, place</HI> and <HI>goods</HI> beyond Sea, with <HI>pa&s;&s;es</HI> from the <HI>two Speakers to let them pa&s;&s;e without &s;earching:</HI> the <HI>Navy</HI> is in their power to accommo|date their <HI>flight,</HI> and by their in&s;truments called <HI>Spirits,</HI> they have taken up many Children and &s;ent them before to be <HI>Slaves</HI> and <HI>drudges</HI> to the <HI>Godly</HI> in their <HI>&s;chi&s;matical Plantations,</HI> as the <HI>Turk</HI> takes up <HI>Tribute Children</HI> from the <HI>Chri&s;tians</HI> to furni&s;h his <HI>nur&s;ary</HI> of <HI>Jani&s;aries;</HI> and &s;o they have their <HI>Agents</HI> that buy up all the Gold they can get, <HI>Cromwell</HI> not long &s;ince offered 11000 l. in &s;il|ver for the 1000 l. in gold; be&s;ides he is well furni&s;hed with the Kings Jewels taken in his Cabinet at <HI>Nazeby;</HI> many of them known Jewels, as the <HI>Harry</HI> and the <HI>Elizabeth.</HI></P>
<P N="6"><NOTE PLACE="marg">6. The vulgar Independents but props and properties to the Grandees.</NOTE>6. Nor &s;hall the vulgar &s;ort of <HI>Independents</HI> either in <HI>Parlia|ment, Army,</HI> or <HI>City,</HI> fare better than the re&s;t of the <HI>Kingdom.</HI> The <HI>Grandees</HI> both of <HI>Parliament,</HI> and <HI>Army</HI> endevouring to adjourn the <HI>Parliament,</HI> and draw all the power of both Hou&s;es into the Committee of <HI>Derby-hou&s;e,</HI> con&s;i&s;ting but of 30. or 40. the re&s;t of the <HI>Independent Members</HI> will find their power di&s;&s;ol|ved in the Adjournment, and &s;wallowed up by that Committee, and their &s;ervices forgotten; nor &s;hall they have any power in the <HI>Militia,</HI> which is the only quarrel between them and the King; the <HI>Grandees</HI> di&s;daining to have &s;o many Partners in that which they have got by their own wits; for know, that the <HI>Grandees</HI> have always been winnowing the Parliament. Fir&s;t, they win|nowed out the <HI>moderate men,</HI> under the notion of the <HI>Kings party,</HI> then the <HI>Presbyterians,</HI> and now they will winnow forth the <HI>lighter</HI> and more <HI>chaffy</HI> &s;ort of <HI>Independents,</HI> who &s;tand for the <HI>Liberty of the People;</HI> a thing which <HI>Cromwel</HI> now calleth, <HI>A fancy not to be engaged for;</HI> and &s;o they will bring all power into their own hands. Thus having contracted the <HI>Parliament</HI> into a <HI>Com|mittee of &s;afety,</HI> they will adjourn them&s;elves (though the Parlia|ment cannot) to <HI>Oxford</HI> or &s;ome other place which they more confide in than <HI>London:</HI> and this is the <HI>&s;ettling the Kingdom with|out the King,</HI> they &s;o much aim at; and which, they had ra|ther the people &s;hould be brought <HI>practically</HI> and by <HI>in&s;en&s;ible degrees,</HI> than by <HI>Declarations</HI> held forth to them before-hand, or
<PB N="145" REF="77"> by <HI>politick Lectures</HI> in the <HI>Pulpit.</HI> Thus it is decreed, that this Ca|bal of <HI>Godly men</HI> at <HI>Derby-hou&s;e</HI> &s;hall with <HI>military Aristocra|cy,</HI> or rather <HI>Oligarchy,</HI> rule this <HI>Nation</HI> with a <HI>rod of Iron,</HI> and break <HI>them in pieces</HI> like a Potters <HI>Ve&s;&s;el.</HI></P>
<P>Ob&s;erve, that the <HI>Ordinance</HI> by which the <HI>Committee</HI> of <HI>Derby-hou&s;e</HI> is revived, and the <HI>addition</HI> of Power to it, are purpo&s;ely penned in &s;uch ambiguous terms, that <HI>He that hath the Sword in his hands may make what con&s;truction of them he plea&s;eth:</HI> neither were they clearly penned, Is it in the <HI>power of the Hou&s;es</HI> (being but the <HI>Tru&s;tees</HI> of the people) <HI>to transfer or delegate their tru&s;t to a le&s;&s;er number of men? a tru&s;t not being transferrable by Law, and the people having cho&s;en a Parliament, not a Committee, to look to their &s;afety and peace.</HI></P>
<P N="7">7.<NOTE PLACE="marg">7. The Army hinder Peace and Settle|ment.</NOTE> The <HI>Grandees</HI> of the Parliament and Army have brought the Kingdom to &s;o mi&s;erable a condition, that they have left no Au|thority in <HI>England</HI> able to &s;ettle peace: The KING is a clo&s;e Pri&s;oner to the Army, therefore all he &s;hall do will be clearly void in Law, by rea&s;on of <HI>Dures:</HI> The Parliament is in Ward&s;hip to them, who keep armed Guards upon them, Garri&s;ons round a|bout them, and by illegal Accu&s;ations, Blanck Impeachments, threat|ning Remon&s;trances, and Declarations, <HI>&amp;c.</HI> fright away many Members, and compell the re&s;t to Vote and un-Vote what they plea&s;e, whereby all the Parliament doth is void and null in Law <HI>ab initio,</HI> it being no free Parliament, but a Sub-committee to the Army, and living as the <HI>Egyptians</HI> did, under va&s;&s;alage to their own <HI>Mamaluchi,</HI> or Mercenaries: The people thefore mu&s;t re|&s;olve either to have <HI>no Army,</HI> or <HI>no Peace.</HI></P>
<P N="8">8. They have put out the eyes of the Kingdom,<NOTE PLACE="marg">8. The two Uni|ver&s;ities de&s;troyed.</NOTE> the two Uni|ver&s;ities of <HI>Oxford</HI> and <HI>Cambridge,</HI> and have brought the whole Land to make &s;port before them; knowing that <HI>Learning</HI> and <HI>Re|ligion,</HI> as well as <HI>Laws</HI> and <HI>Liberties,</HI><NOTE PLACE="marg">9. Many hone&s;t men &s;educed by fair preten|ces took part with them; ne|ver intending to leave their fir&s;t princi|ples, and en|&s;lave King, and Kingdom.</NOTE> are enemies to their barba|rous, irrational, and <HI>Ru&s;&s;ian</HI> way of Government.</P>
<P N="9">9. Many hone&s;t men took part with this Parliament, &s;educed by tho&s;e fair pretences of <HI>defending Religion, Laws</HI> and <HI>Liberties</HI> which they fir&s;t held forth to the People; and being unwilling to have a <HI>Parliament</HI> conquered by <HI>the Sword,</HI> not thinking it po&s;&s;ible that a <HI>prevailing Faction</HI> in Parliament &s;hould &s;o far prevaricate as to <HI>con&s;pire to en&s;lave King, Parliament, and Kingdom, to &s;ubvert the Laws Liberties, and fundamental Government of the Land,</HI> un|der
<PB N="146" REF="78"> which <HI>they and their Po&s;terity were, and were likely to be &s;o happily governed; and betray Religion unto Hereticks and Schi&s;ma|ticks, and &s;hare the &s;poils of the Commonwealth between them, and think of enriching them&s;elves with them in forein Lands,</HI> yet many at the beginning <HI>much di&s;liked,</HI> that <HI>Religion</HI> &s;hould be u&s;ed an as <HI>in|gredient</HI> to the carrying on of a <HI>Civil War,</HI> and that <HI>Schi&s;maticks</HI> &s;hould have &s;o great a &s;troak in managing the bu&s;ine&s;s; yet were pacified with this con&s;ideration, that we mu&s;t refu&s;e no helps in our defence: if a man be a&s;&s;aulted by Thieves on the high-way, he will not refu&s;e to joyn with Schi&s;maticks or Turks in a common defence; the &s;ame authority that then countenanced tho&s;e Schi&s;|maticks (it was hoped) would be able to di&s;countenance them a|gain when the work was done. But the <HI>Grandees</HI> of the Hou&s;es, (having other de&s;igns) had &s;o often purged the Hou&s;es, that they left few hone&s;t moderate men in them to oppo&s;e their projects, &s;till bringing in Schi&s;maticks, and men of their own intere&s;ts, by en|forced and undue Elections, into their rooms, and &s;o by in&s;en&s;ible degrees, new modelled the Hou&s;e &s;uitable to their own corrupt de&s;ires, and new modelled the Army accordingly; &s;o that the peo|ple (who had no intention to be intere&s;ted &s;o far) were &s;tep by &s;tep &s;o far ingaged before they were aware, that they could not draw their feet back, and do now find (to their grief) that the Bit is in their mouths, the Saddle fa&s;t girt on their galled backs, and the&s;e Rank riders mounted, who will &s;pur them (not only out of their E&s;tates, Laws, and Liberties, but) into Hell with renewed Trea|&s;ons, new Oathes, Covenants and Engagements, if they take not the more heed and be not the more re&s;olute: they have changed their old hone&s;t principles, and their old friends, who bore the fir&s;t brunt of the bu&s;ine&s;s, and have taken new principles and friends in their room, &s;uitable to their pre&s;ent de&s;perate de&s;igns, and now (that they have &s;queezed what they can out of the Kings party) they think of &s;eque&s;tring their old friends becau&s;e they ad|here to their old principles.</P>
<P N="10"><NOTE PLACE="marg">10. Who are the Kings bitter|e&s;t enemies.</NOTE>10. Among&s;t tho&s;e that are mo&s;t bitter again&s;t the King, His own Servants (e&s;pecially the <HI>Juda&s;&s;es</HI> of the Committee of the Revenue, that carry His pur&s;e, and have fingered more of His Mo|ney and Goods than they can or dare give an account for) are the greate&s;t Zealots, tho&s;e that take upon them imployments about His Revenue, and &s;hare what allowances to them&s;elves they plea&s;e
<PB N="147" REF="78"> for their pains; tho&s;e that buy in for trifles old &s;leeping Pen&s;ions, that have not been payed nor allowed this thirty years, and pay them&s;elves all arrears; tho&s;e that Rent parcels of the Kings Reve|nue, for the eighth or tenth part of the worth, as <HI>Cor. Holland,</HI> who renteth for 200 l. <HI>per ann.</HI> as much of his E&s;tate as is worth 1600 l. or 1800 l. <HI>per annum.</HI> Thus you &s;ee the <HI>Lion</HI> (Lord of the Fore&s;t) growing <HI>&s;ick and weak,</HI> become a prey, and is <HI>goared</HI> by the <HI>Ox, bitten</HI> by the <HI>Dog,</HI> yea, and <HI>kicked</HI> by the <HI>A&s;se.</HI> Look upon this <HI>pre|&s;ident</HI> you <HI>Kings</HI> and <HI>Princes,</HI> and call to mind examples of old, that of <HI>Nebuchadnezzer,</HI> and others, <HI>le&s;t by exalting your &s;elves too high, you provoke God to ca&s;t you too low.</HI></P>
<P>When the <HI>Grandee Independents</HI> have a de&s;ire to <HI>rai&s;e new for|ces,</HI> or <HI>erect new Garri&s;ons,</HI> or u&s;e any <HI>extremity again&s;t the City,</HI><NOTE PLACE="marg">11. Forged Con|&s;piracies and fal&s;e News.</NOTE> or <HI>Royal party,</HI> they commonly u&s;her in their de&s;ign with reporting to the Hou&s;e <HI>the di&s;covery of &s;ome new-invented conspiracy,</HI> or <HI>plot full of danger and de&s;tructinn;</HI> &s;uch as was that of <HI>many thou&s;ond con&s;ecrated Knives,</HI> and then propound their own forelaid <HI>de&s;ign</HI> as a coun&s;ellable way to prevent it; and he that doth not <HI>hastily believe their Informations,</HI> or doth <HI>argue again&s;t the remedies they propound,</HI> (though he &s;hew never &s;o great inconveniency in them) is pre&s;ently cried out upon as a <HI>Malignant, that doth not take the dan|ger of the Parliament to heart,</HI> and branded by the <HI>black tongues of the Godly;</HI> and when any <HI>great bu&s;ine&s;s</HI> is to be <HI>treated of in Par|liament,</HI> or <HI>City,</HI> which they either <HI>de&s;ire to promote,</HI> or to <HI>ob&s;truct,</HI> they commonly publi&s;h <HI>counterfeit News,</HI> and <HI>Letters of great vi|ctories and &s;ucce&s;&s;es</HI> gotten by their <HI>Party</HI> in parts &s;o <HI>remote</HI> that they cannot in a &s;hort time be confuted; this &s;erves <HI>to credit</HI> and <HI>animate their Party</HI> to go on <HI>boldly with their worke,</HI> and <HI>to di&s;heart|en their Opponents;</HI> and though the profit and reputation of a <HI>lie</HI> is &s;eldom long-lived, yet if it la&s;t &s;ome few dayes, untill they have <HI>carried on their pre&s;ent bu&s;ine&s;s,</HI> they care not: herein they imitate a <HI>skilfull Architector,</HI> who building an <HI>Arch,</HI> &s;upports it in the beginning with <HI>circular props,</HI> and <HI>pieces of Timber,</HI> untill he hath clo&s;ed it, and enabled it to &s;upport it &s;elf, and then throws away the <HI>props.</HI></P>
<P>When they have a de&s;ign to <HI>ruine any man,</HI><NOTE PLACE="marg">12. The Art of Slander and Calumny.</NOTE> before they fall o|penly upon his <HI>per&s;on,</HI> they <HI>&s;ecretly undermine his credit and repu|tation,</HI> that afterwards <HI>they may oppre&s;s him with applau&s;e,</HI> and they are &s;o excellently well fitted with <HI>Agents</HI> and <HI>In&s;truments</HI> for this purpo&s;e, that they can prove what they li&s;t. The <HI>clo&s;e Com|mittee
<PB N="148" REF="79"> of Examinations</HI> is an excellent forge for the&s;e <HI>contri|vances;</HI> they know where to find the <HI>&s;onnes of Belial</HI> (now com|monly called <HI>Knights of the Po&s;t</HI>) who will tru&s;t God with their <HI>&s;ouls</HI> to advance <HI>the good Cau&s;e;</HI> they have <HI>&s;ecret Examinations</HI> of &s;everal &s;orts, &s;ome <HI>preparatory</HI> only, amounting but to &s;u&s;piti|ons and pre&s;umptions, to wound a mans good name, and make him liable to more deadly blows hereafter; and &s;ome <HI>con&s;um|matory,</HI> laying the Axe to the root at the fir&s;t blow: nor is it a &s;mall Artifice of theirs boldly to accu&s;e other men of tho&s;e <HI>crimes</HI> they them&s;elves are <HI>guilty of,</HI> as they did the 11. <HI>Members</HI> of <HI>trucking with the King,</HI> being their own fault; by this means it doth <HI>con&s;tare de re</HI> pre&s;ently, it appears &s;uch offences are com|mitted: and if they can but fix them upon the per&s;ons of other men by bold <HI>Accu&s;ations,</HI> clo&s;e <HI>Examinations,</HI> and <HI>fal&s;e Witne&s;&s;es,</HI> then <HI>con&s;tat de per&s;ona,</HI> they have found men to per&s;onate them, deputies to bear the ignominy and puni&s;hment of their &s;innes: &s;o &s;ome la&s;civious per&s;ons free them&s;elves, be&s;towing their di&s;ea&s;es upon others.</P>
<P><NOTE PLACE="marg">13. What a Con|fiding man is.</NOTE>They account no man a <HI>Godly, faithfull, confiding man,</HI> but he that engages as far in &s;in, and makes him&s;elf as hopele&s;s of recon|ciliation, as them&s;elves. <HI>Quis nunc diligitur ni&s;i con&s;cius?</HI></P>
<P><NOTE PLACE="marg">14. The la&s;t Re|treat and Re|fuge of the Godly.</NOTE>Since the <HI>revolt</HI> of &s;ome of <HI>their Ships</HI> hath almo&s;t made them <HI>hopele&s;s</HI> of <HI>tran&s;portation</HI> to <HI>foreign Plantations,</HI> the <HI>&s;chi&s;matical Grandees</HI> have made Col. <HI>Walton</HI> (Brother-in-law to <HI>Cromwel</HI>) Governour of <HI>Lyn, Bo&s;ton,</HI> and <HI>Crowland,</HI> and of all that level of mora&s;&s;e Ground in the I&s;les of <HI>Ely, Holland,</HI> and <HI>Mar&s;hland,</HI> which they can lay under water at plea&s;ure: it is a plentifull and &s;trong Fa&s;tne&s;s, able to feed 40000. men, be&s;ides the ordinary Inhabitants; there are but three pa&s;&s;es to enter it, over three Bridges, upon which they have, or may build Forts, for their defence, and may from thence invade the adjacent Country at plea&s;ure, being them&s;elves free from incur&s;ions; or they may (if they li&s;t) break down the &s;aid Bridges. The&s;e places (already &s;trong by nature) they daily fortifie by art; for which purpo&s;e great &s;ums of <HI>money</HI> have been &s;ent to him, and much <HI>Arms, Powder, Ammunition,</HI> and <HI>Ordnance</HI> from <HI>Wind&s;or Ca&s;tle:</HI> Here (when all other helps fail) the <HI>Godly mean to take Sanctuary;</HI> this &s;hall be their la&s;t <HI>retreat,</HI> from whence they will draw the whole Kingdom <HI>to Parly upon Articles of treaty,</HI> and <HI>enforce their peace from them at la&s;t.</HI> The&s;e are the <HI>&s;tratagems</HI> of the <HI>Godly:</HI> The&s;e are our <HI>Saints,</HI> no where <HI>canonized</HI> but in the <HI>Devils Calendar.</HI></P>
<PB N="149" REF="79">
<P>As the Church of <HI>Rome</HI> is never unfurni&s;hed with <HI>dormant Ar|ticles of Faith</HI> upon all emergent occa&s;ions;<NOTE PLACE="marg">15. Suppo&s;ititious Privileges of Parliament: &s;ee <HI>The Hi&s;tory,</HI> &s;ect. 105, 106.</NOTE> &s;o the <HI>Grandees</HI> are never unprovided of <HI>dormant Privileges of Parliament</HI> (which they call (by a new canting word) <HI>lex Parliamenti,</HI> in oppo&s;ition to <HI>lex Terrae</HI>) with the&s;e they boul&s;ter out their de&s;igns. The&s;e Privileges were much in&s;i&s;ted on in their Impeachments of the Members and Aldermen; and who&s;oever pleads again&s;t them in his own defence, and flies from tho&s;e Privileges to the known Laws for Sanctuary, is cried out upon for overthrowing the Juri&s;|diction and Privileges of Parliament, and therefore guilty of Ma|lignancy; thus <HI>John Lylburn</HI> &s;uffers: if he does not plead again&s;t them, he laies his head on the block at the mercy of tho&s;e merci|le&s;&s;e men. This net caught many a Wood-cock, until the &s;aid Al|dermen and Sir <HI>John Maynard</HI> broke through it, and &s;poiled the cock-road.</P>
<P>The Grandees of the Parliament and Army have &s;o totally &s;ubverted our fundamental Government and Laws,<NOTE PLACE="marg">16. The confu&s;ion this Monar|chy is btought unto: &s;ee <HI>The Hi&s;tory,</HI> &s;ect. 105, &amp; 106.</NOTE> that they have neither Monarchy nor Common-wealth left; <HI>non jam Respublica &s;ed magnum latrocinium e&s;t,</HI> we have not &s;o much as a face and &s;hadow of Government remaining; we have a KING <HI>de jure,</HI> but &s;o wholly eclip&s;ed and di&s;abled to perform Acts of Govern|ment by his clo&s;e impri&s;onment, that (for the pre&s;ent) we have no King <HI>de facto,</HI> and every man doth what &s;eemeth good in his own eyes; we have Magi&s;trates, Judges, and Ju&s;tices <HI>de facto,</HI> but not being con&s;tituted and ordained by any lawfull Authority, nor under any authentical Great Seal according to the Laws of the Land, they are not Magi&s;trates and Judges <HI>de Jure,</HI> &s;o that if we look upon the King our Supreme Governour, our violent Grandees have brought an <HI>Inter-regnum</HI> upon us; If upon our Magi&s;trates, Judges, &amp;c. they have brought a <HI>Ju&s;titium</HI> (a totall eclip&s;e of Ju&s;tice) upon us: It follows then, that both the impe|rative and coercive power of the King and Magi&s;trates, the legi&s;|lative power of the Parliament, the judicative power of the Judges and Ju&s;tices, are all &s;u&s;pended and in <HI>Abeyance:</HI> and like a Watch, when the principal wheels are broken, no part can move to perform its function. <HI>Contzenius</HI> the Je&s;uit in his <HI>Pol:</HI> &s;aies, <HI>He that will introduce a new Religion, or a new form of Go|vernment, mu&s;t utterly aboli&s;h the old, and erect his new Fabrick upon the ruines of it.</HI> You &s;ee they have been apt Scholars in this doctrine of the Je&s;uite this 7 years, which they have &s;pent in De|moli&s;hing;
<PB N="150" REF="80"> but what form of Government our Grandees wi<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> e<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">t upon the ruines they have made, doth not yet appear, nor how all ju&s;t intere&s;ts, and mens particular E&s;tates &s;hall be pre&s;erved from being buried under the ruines of this earthquake.</P>
<P><NOTE PLACE="marg">17. The Regal Legi&s;lative, and Judica|tive power u&s;urped.</NOTE>The King is the only &s;upreme Governour of this Realm of <HI>En|gland,</HI> to regulate and protect the people by commanding the Laws to be ob&s;erved and executed, and to this end He (and He alone) beareth not the Sword in vain; yet the KING by him|&s;elf can neither make, repeal, or alter any one Law, without the concurrence of both Hou&s;es of Parliament, the <HI>Legi&s;lative power</HI> re&s;iding in all three, and not in any one, or two of the three E&s;tates, without the third, and therefore no one or two of them can exclude the other from having a <HI>Negative voice</HI> in pa&s;&s;ing, repealing, or changing of Laws; nor can the King by him&s;elf, or joyntly with the Lords and Commons judge <HI>what the Law is,</HI> this is the office of the &s;worn Judges of the two Benches and Ex|chequer, who are the known Expo&s;itors, and Di&s;pen&s;ers of <HI>Law and Ju&s;tice</HI> in all cau&s;es brought before them, yea they do de|clare <HI>by what Law the King governs,</HI> thereby keeping the KING from governing arbitrarily and en&s;laving the People. And the&s;e Judges of the Law have always been authorized by the King; and all legal proceedings have been in his Name, and by his Autho|rity 1200 years before <HI>Magna Charta</HI> granted, or any &s;et form of Parliament e&s;tabli&s;hed. The Law it &s;elf is called, <HI>the Kings Law;</HI> the Realm, <HI>the Kings Realm.</HI> He is the fountain of <HI>ju|&s;tice, mercy, honour,</HI> witne&s;&s;e all our Statues, Law-Books and Hi&s;tories, and the Oaths of Supremacy, which every Member ta|keth before he &s;its in Parliament. Now for any one man, or any A&s;&s;embly, Court, or Corporation of men (be it the two Hou&s;es of Parliament) to u&s;urp the&s;e three powers, 1. The <HI>Governing power,</HI> 2. The <HI>Legi&s;lative power,</HI> 3. And the <HI>Judicative power,</HI> into them&s;elves, is to make them&s;elves the highe&s;t Tyrants, and the people the ba&s;e&s;t &s;laves in the world; for to govern &s;upremely by a Law made, and interpreted by them&s;elves according to their own plea&s;ure, what can be more boundle&s;&s;e and arbitrary? they may put to death whom they plea&s;e for what cau&s;e they plea&s;e, and con|fi&s;cate his e&s;tate to their own u&s;e; yet this the two Hou&s;es of Parliament, or rather an overpowring party in the two Hou|&s;es, &s;ea&s;oned with a Schi&s;matical humour of &s;ingularity, have late|ly done.</P>
<P N="1"><PB N="151" REF="80">1. For the <HI>Governing power.</HI> 1. They coyn, enhaunce, and a|bate money. 2. They make War and peace, and continue an ex|traordinary Militia of an Army upon us. 3. They declare who are Enemies to the Realm. 4. They maintain forein negotiations. 5. They regulate matter of Trade, and exerci&s;e other Regalities: whereas all <HI>Jura Regalia</HI> belong only to the King as Supreme Governour.</P>
<P N="2">2. For the <HI>Legi&s;lative power.</HI> They exclude the King from his Negative Voice, and the two Hou&s;es obtrude their Ordinances (things &s;o new, that they are not pleadable in any Court of Ju&s;tice) as Laws upon the people; laying an exci&s;e, A&s;&s;e&s;&s;ements, and Taxes upon the People: They Vote and declare new-Trea&s;ons, not known by the &s;tatute 25 <HI>Edw.</HI> 3. nor by any other known Law; yea even to make or receive any addre&s;&s;e to, or from the King; and they account it a breach of Privilege, if men do not believe it to be Trea&s;on, being once declared. They out men of their free-holds, and impri&s;on their Per&s;ons, contrary to <HI>Magna Charta,</HI> by Ordi|nances of Seque&s;tration, &amp;c.</P>
<P N="3">3. For the <HI>Judicative power.</HI> They erect infinite many of new Judicatories under them, as their Committees of complaints, of &s;ecret Examinations, of Indempnities; their Country Committees, where bu&s;ine&s;&s;es are examined, heard, and determined without, nay again&s;t <HI>Magna Charta,</HI> and the known Laws: nay even in capital crimes they wave the Courts of Law, and all Legal pro|ceedings by Outlawry, Indictment, or Tryal by <HI>Peers,</HI> and <HI>Bill of Attainder;</HI> (which is the only way of Tryal in Parliament: For the Parliament cannot judicially determine any thing, but by Act of Parliament) and &s;et up new-invented forms of proceeding be|fore the Lords (even again&s;t free Commoners, although the Lords be not their Peers) as in the ca&s;e of the four Aldermen, &amp;c. and the <HI>Arch-bi&s;hop</HI> of <HI>Canterbury:</HI> They defend the&s;e do|ings by a pretended nece&s;&s;ity of their own making: but when the King had neither Army nor Garri&s;on in the Kingdom, and thereby this nece&s;&s;ity was removed, why did they not (to pre|vent Tumults, In&s;urrections, and a new war) content the People, and return all things into their old Chanel, and re&s;tore to the people their Religion, Laws, and Liberties, being their fir&s;t prin|ciples, for which they engaged them to &s;pend their blood and trea&s;ure, and for defence whereof, they engaged them&s;elves and us in a Covenant, with Hands lifted up to the High God? Why
<PB N="152" REF="81"> did they then provoke the Scots to a new War? but that they might have occa&s;ion to keep up their Army &s;till, and inthrall the Kingdom: look upon their Doctrine, as well as their afore|&s;aid practices, and you will find that all they do, is but to carry on a fore-laid de&s;ign, to lay by the King and en&s;lave the People, under the new erected Kingdom of the Saints: the Grandees of <HI>Derby-hou&s;e</HI> and the Army. In the Declaration again&s;t the <HI>Scots</HI> Papers, <HI>p.</HI> 67. They have adjudged the King unfit to Govern, and <HI>p.</HI> 70. they &s;ay, the power of the Militia was the principal cau&s;e of their War, and quarrel with the King; and in their Decla|ration again&s;t the King, they &s;ay, they cannot confide in Him. It hath been commonly &s;poken in the Hou&s;e of Commons, that the two Hou&s;es, nay, the Hou&s;e of Commons alone, is the Su|preme power of this Nation under God. 16. <HI>Mach,</HI> 1642. Both Hou&s;es Voted it a High Breach of Privilege of Parliament, for any Per&s;on, (not excepting King or Judge) to oppo&s;e their Com|mands, or to deny that to be Law, which the two Hou&s;es decla|red to be &s;o. In their Declaration again&s;t the <HI>Scots</HI> Papers, p. 63. The Members &s;ay, That in all matters either concerning Church or State, we have no Judge upon Earth but them&s;elves. Who will account the <HI>Popes</HI> plenitude of power mon&s;trous hereafter, that &s;hall ob&s;erve this Doctrine and practice of Subjects in Parliaments, claiming and exerci&s;ing a Supreme Government, (whereof the Militia is a part) a Legi&s;lative and Judicative power over the Con&s;ciences, Lives, Liberties, and e&s;tates of their Fellow Subjects; And all this under colour of a nece&s;&s;ity, rai&s;ed by them&s;elves out of a di&s;pute they &s;et on foot again&s;t the King, which they have affirmatively adjudged and determine for them&s;elves again&s;t Him, without con&s;ulting the Laws, Statues, and u&s;ages of the Realm; Nay, the very Oaths of Supremacy and Allegiance, which all with one voice &s;peak again&s;t them? Who would think that a faction in Parliament, or any pe&s;t le&s;&s;e than an Earth-quake or Deluge &s;hould in &s;even years time reduce &s;o well-formed a Common-wealth into &s;uch a <HI>Chaos?</HI> Yet even now the People are promi&s;ed to be governed by the known Laws, and Judges are appointed to determine &s;utes according to the Laws. Surely, There never was Tyrant that deprived his Va&s;&s;als of a known Law among&s;t them&s;elves, this were to di&s;able them to acquire wealth, and &s;o lo&s;e his own benefit of Taxes and Confi&s;cations. By the Laws of <HI>England,</HI> a villain was protected in his goods again&s;t
<PB N="153" REF="81"> all men, his Lord excepted: The <HI>Turki&s;h</HI> Va&s;&s;als heap up much wealth, and are protected again&s;t their fellow &s;laves, though not again&s;t their Grand Seigneor who may &s;eize their e&s;tates, and take their lives at plea&s;ure: And this is all the protection the people of <HI>England</HI> have now by the Laws. We have the benefit of Law one again&s;t another, (unle&s;s &s;ome Powerfull Member interpo&s;e) but a|gain&s;t the two Hou&s;es, or either of them, or any Grandee, what Law, what Ju&s;tice can protect our lives, liberties or e&s;tates? and yet we were allowed heretofore to make our defence in Law a|gain&s;t the King. And until the King be again re&s;tored to his Right, expect no better Right to be done you by this heedle&s;s head-&s;trong Faction in Parliament.</P>
<P>The &s;umme of all their endeavours is no more but this;<NOTE PLACE="marg">18. The final &s;cope of the Grandees en|deavours.</NOTE> The Grandees of <HI>Derby-hou&s;e</HI> and the Army have already by their Votes of <HI>No Addre&s;&s;es,</HI> and their &s;candalous Declaration, <HI>laid by the King, and in Him Monarchy,</HI> (notwith&s;tanding they delay and fool the people with tedious debates of a Per&s;onall Treaty,) And <HI>when this innovation is dige&s;ted</HI> by the people, their next &s;tep will be to make u&s;e of the Schi&s;matical, Antimonarchical party in the Hou&s;e of Commons, Army and City, <HI>to ca&s;t off the Hou&s;e of Peers,</HI> as Prerogative creatures and rags of Royalty: (&s;ome Schi&s;matical Plebeian Lords excepted, who &s;hall recruit the Power they lo&s;e in the Hou&s;e of Lords, by being of the Committee of <HI>Derby-hou&s;e</HI>) and when the people are well inured to this change, and the grie|vance of it worn out by cu&s;tom, then <HI>to lay by the Hou&s;e of Com|mons, and u&s;urp the full Power of the King and Parliament into the</HI> Committee of &s;afety at <HI>Derby-hou&s;e,</HI> who by way of preparation, doe already &s;tile them&s;elves in all forein Negotiations, The STATES: Nay they doe already act all matters of moment at home, and a&s;&s;ume unto them&s;elves all the properties of a State, the Parliament being but a Sub-Committee to them, upon whom they put what Impo&s;itions and Injunctions they plea&s;e; witne&s;&s;e the de&s;ign put upon the Hou&s;e of Commons <HI>for every Member to &s;ub&s;cribe what number of Hor&s;e he would maintain for a Guard;</HI> I know not whether to the Parliament, or to the Committee of <HI>Derby-hou&s;e.</HI></P>
<P>This di&s;ea&s;e being now come to its <HI>Cri&s;is,</HI><NOTE PLACE="marg">19. The Progno|&s;tick of this Di&s;ea&s;e.</NOTE> it is no hard matter to prono&s;ticat, That nature (that is, the King, our natural liege Lord) mu&s;t inevitably prevail at la&s;t again&s;t this Antimonarchical Facti|on, for the&s;e rea&s;ons.</P>
<P N="1"><PB N="154" REF="82">1. The King can never want a Party: the Parliament (or rather Antimonarchical faction in Parliament) can never manage a party without faction and confu&s;ion.</P>
<P N="2">2. The King may hushand his trea&s;ure to His be&s;t advantage: the faction in Parliament cannot, but mu&s;t nece&s;&s;arily be cheated; that they may be followed and befriended: &s;ince only common crimes, and common profit glues and cements them together; and only &s;uch are found to be confiding men to them.</P>
<P N="3">3. The King is now di&s;covered, (to every common capacity) to have all the known Laws on His &s;ide: the Parliament all known Laws again&s;t them, and the people will no longer be governed without Law, by new Arbitrary inventions.</P>
<P N="4">4. The King hath recovered all the peoples affections: the Parli|ament hath lo&s;t them; a privation which can never be reduced into habit again.</P>
<P N="5">5. The King is allyed both in Con&s;anguinity of Blood, and affi|nity of Cau&s;e with all the Princes of Chri&s;tendom: the faction in Parliament are <HI>terrae filii, faterculi Gigantum,</HI> Mu&s;hromes.</P>
<P N="6">6. The Kings Army will obey Him and His Intere&s;t: the Par|liaments Army will command them and their Intere&s;ts; be&s;ides, they are men of different Principles and Intere&s;ts, only held toge|ther by profit; and when that fails, they fall in &s;under.</P>
<P>Nothing therefore but a free <HI>Per&s;onal Treaty</HI> in <HI>London</HI> can pre|vent a Conque&s;t, what&s;oever de&s;perate forlorn people &s;ay to the contrary.</P>
</DIV2>
<DIV2 TYPE="epilogue">
<HEAD>The Epilogue.</HEAD>
<P><HI>I</HI> Am not Ignorant that there is a natural purging, a natural phlebo|tomy, belonging to Politique, as well as to Natural bodies; and that &s;ome good humors are always evacuated with the bad; yet I can|not but deplore what I have ob&s;erved, That the honeste&s;t and ju&s;te&s;t men on both &s;ides (&s;uch as, if they have done evil, did it becau&s;e they thought it good; &s;uch as were carried a&s;ide with specious pretences, and many of them &s;educed by Pulpit-devils, who transformed them|&s;elves into Angels of light) have always fared wor&s;e than other
<PB N="155" REF="82"> men, as if this difference between the King and Parliament were but a <HI>&s;yncreti&s;mus</HI> or illu&s;ion again&s;t hone&s;t men: nay, I do further fore|&s;ee, that in the period and clo&s;ing up of this Tragedy, they will fare wor&s;t of all, becau&s;e they have not taken a liberty to inrich them&s;elves with publique &s;poils, and fat them&s;elves by eating out the bowels of their mother, but are grown lean and poor by their integrity; whereby being di&s;abled to buy friend&s;hip in the dayes of Trouble, they will be put upon it to pay other mens reckonings. When <HI>Verres</HI> was Praetor of <HI>Sicily,</HI> he had with wonderfull corruptions pillaged that Province; and at the &s;ame time the Praetor of <HI>Sardinia</HI> being &s;entenced for de|peculating and Robbing that Province, <HI>Timarchides, Verres</HI> Corre|&s;pondent at <HI>Rome,</HI> writ a very anxious Letter to him, giving him warning of it: But <HI>Verres</HI> in a jolly humour an&s;wered him, <HI>That the Praetor of</HI> Sardinia <HI>was a fool, and had extorted no more from the</HI> Sardinians <HI>than would &s;erve his own turn; but him&s;elf had ga|thered up &s;uch rich booties among&s;t the</HI> Sicilians, <HI>that the very over|plus thereof would dazle the eyes of the Senate, and blind them &s;o, that they &s;hould not &s;ee his faults:</HI> Such (I fore&s;ee) will be the lot of the more ju&s;t and mode&s;t men, who &s;hall be guilty becau&s;e they were fools, as the other &s;ort &s;hall be innocent becau&s;e they were knaves. What&s;oever befalls (you clear and innoxious &s;oules) be not a&s;hamed, be not affraid of your integrity: if this Kingdom be a fit habita|tion for hone&s;t men, God will provide you a habitation here: if it be not capable of hone&s;ty, God will take you away from the evils to come, and pour out all the Vials of his wrath on this totally and uni|ver&s;ally corrupted Nation, this incurable people, <HI>Qui nec vitia &s;ua nec eorum remedia ferre pote&s;t:</HI> for my own part, (if I am not &s;uch already) I hope God will make me &s;uch a man, <HI>Quem neque pauperies, neque mors, neque vincula terrent;</HI> and if <HI>Mo&s;es</HI> in an heroick zeal, to draw a remi&s;&s;ion of the peoples &s;in from God, de&s;i|red to be blotted out of his Book, (the Book of Life) and St. <HI>Paul</HI> to be <HI>Anathema</HI> for his Brethren; why &s;hould not I (with relation to my &s;elf, and &s;ubmi&s;&s;ion to Chri&s;t) &s;ay, <HI>oportet unum mori pro populo,</HI> it is fit one man die for the people, and devote my &s;elf to death for my Country, as the family of the <HI>Decii</HI> in ancient <HI>Rome</HI> were wont to do? I have read and admired their examples, why not imitate them? is it becau&s;e (as <HI>Machiavel</HI> &s;aith) The Chri&s;tian Religion doth too much break, enfeeble, and cowardi&s;e the &s;pirit of man, by per&s;ecuting and &s;ubduing nature, by denying her due Liberty, and tying her to be more pa&s;&s;ive than active? <HI>At facere &amp; pati fortia Romanum,
<PB N="156" REF="83"> imo Chri&s;tianum e&s;t;</HI> or is it becau&s;e in this generall deluge of &s;inne and corruption, a publique spirit, and excellency in virtue is accounted a degree of madne&s;s? or is it becau&s;e of the corrupt judgement of the&s;e times, which makes a man more infamous for his puni&s;hment than for his &s;in? and therefore Heroick acts are out of fa&s;hion: the circum&s;tances and ceremonies of Death are more taken notice of, than Death it &s;elf; the&s;e follies weigh not with me. <HI>Sublimis an humi pu|tre&s;cam, parvi refert.</HI> The Thief upon the Cro&s;&s;e found a ready way to Heaven, How much more an hone&s;t man? Many a man out of Pri|&s;on &s;teps into Heaven, no man out of Paradi&s;e ever found the way thi|ther: <HI>Salebro&s;a &s;it via, modo certa modo expedita; alt&egrave; &s;uccinctus ad iter me accingo.</HI></P>
<P><HI>THe Premi&s;es con&s;idered, I do here in the name and behalf of all the free Commons of</HI> England <HI>declare and prote&s;t, that there is no free nor legal</HI> Parliament <HI>&s;itting in</HI> England, <HI>but that the two Hou&s;es &s;it under a vi&s;ible, actual and an horrid force of a muti|nous</HI> Army, <HI>and of a &s;mall party of both Hou&s;es con&s;piring and engaged with the</HI> Army, <HI>to de&s;troy, expell, and murder with fal&s;e Accu&s;ations, and Blank and Illegal Impeachments and pro&s;ecuti|ons, the re&s;t of their fellow Members, who &s;ate in</HI> Parliament <HI>do|ing their duty, when the two Speakers with a &s;mall company of Members, &s;ecretly fled away to the</HI> Army, <HI>and &s;ate in Council with them, contriving how to en&s;lave</HI> King, Parliament, City, <HI>and</HI> King|dom, <HI>and how to rai&s;e Taxes at their plea&s;ure, which they &s;hare a|mong&s;t them&s;elves and their party, under the name and title of</HI> the Godly, the Saints; <HI>and afterwards they brought the</HI> Army <HI>up to</HI> London <HI>again&s;t the</HI> Parliament <HI>and</HI> City <HI>in ho&s;tile manner, a de&s;ign far exceeding the Plot of</HI> Jermine, Goring, &amp;c. <HI>to bring up the</HI> Nor|thern Army to <HI>London,</HI> to over-awe the Parliament: <HI>I do farther pro|te&s;t, that the two Hou&s;es have &s;ate under the &s;aid force, ever &s;ince the &s;ixth of</HI> Augu&s;t <HI>1647. and therefore all they have done, and all they &s;hall do, in the condition they &s;it in, is void and null in Law,</HI> ab initio, <HI>by their own doctrine and judgement included in their Ordinance of the 20. of</HI> Augu&s;t <HI>la&s;t, whereby they</HI> null <HI>and void,</HI> ab initio, <HI>all Votes, Orders, &amp;c. pa&s;&s;ed from the 26.</HI> July, <HI>1647. to the 6.</HI> Augu&s;t <HI>following.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<PB N="157" REF="83">
<HEAD>Arguments again&s;t all accommodation and Treaties, between the City of <HI>LONDON,</HI> and the ingaged Grandees of the Par|liament and Army.</HEAD>
<P N="1"><HI>1</HI> IT will never be &s;afe nor honourable, for &s;o great a City to accommodate and joyn intere&s;t with a con&s;piring Party, that by frequent violations of their faith and duty, have in&s;laved King, Parliament, City and Kingdom, and broken the Faith of this Nati|on, given to the Scots in the large Treaties, and in the National Co|venant.</P>
<P N="2"><HI>2.</HI> By accommodating with them, you make all their crimes your own; their &s;ubtilty being to involve you to joyn with them in defence of their crimes.</P>
<P N="3"><HI>3.</HI> The Scotti&s;h quarrel is not against the Engli&s;h Nation, but again&s;t the treacherous and hypocritical Grandees, who by perjuring them&s;elves, and fal&s;ifying their ingagements both unto Kingdom and Army, keeping the Souldiers by fal&s;e &s;ugge&s;tions from disban|ding, and totally ob&s;tructing <HI>Irelands</HI> relief; and al&s;o a conspiring party in Parliament, who keep them up to make good the afore&s;aid crimes, forcing what Votes they plea&s;e to pa&s;&s;e, by over-awing the Parliament: Witne&s;&s;e <HI>Cromwels</HI> laying his hand upon his Sword, and forcing the Hou&s;e to pa&s;&s;e tho&s;e traiterous Votes again&s;t the King, contrary to their own Con&s;ciences, Allegiance, Prote&s;tations, Vow and Covenant, and to rai&s;e Taxes upon the people, which they &s;hare a|mong them&s;elves. This war is not like to be of any continuance, con|&s;idering there being in the Army many con&s;cientious men, who have had &s;uch ample experiment of the fal&s;hood of their Grand Officers, that they are not like to hazard their lives again under the command of &s;uch Grand Impo&s;tors as they are, al&s;o knowing the General ha|tred of the Kingdom to them, under who&s;e in&s;upportable burthens and oppre&s;&s;ions it groaneth. Nor have we any way to break the power of the &s;aid Grandees of this Army but by the Scots, whereby the just rights and Intere&s;ts of all the three Kingdoms may be &s;etled, and <HI>Ire|land</HI> relieved; All which the Scots have declared in their former Pa|pers delivered to both Hou&s;es of Parliament.</P>
<P N="4"><HI>4.</HI> If you accommodate with this faction, you mu&s;t have the &s;ame friends and foes with them, as well as the &s;ame &s;ins and quarrels; and then it will grow to a Nationall quarrel between <HI>England</HI> and <HI>Scot|land,</HI> which will be of long continuance and mi&s;ery: and the Intere&s;t of the King and his Children, and of all Princes of Chri&s;tendom con|cerned
<PB N="158" REF="84"> in the example, will be carried on in the Kingdom of <HI>Scotland</HI> against you, if you joyn with tho&s;e beggarly Grandees, who have in|riched them&s;elves, and their fellow-Impo&s;tors, by the ruines of the Kingdom. You will lo&s;e your credit and intere&s;ts with your friends and brethren of <HI>Scotland;</HI> the only fear and terror of who&s;e coming into <HI>England</HI> kept this Faction (which all men know is never &s;atisfi|ed with money and blood) from taking many of your innocent heads from off your &s;houlders, and confi&s;cating your E&s;tates to pay the ar|rears of the Army: witne&s;&s;e their often &s;peeches to this purpo&s;e in the hou&s;e of Commons, and their illegal and violent proceedings again&s;t you: you will likewi&s;e lo&s;e all the people of <HI>England.</HI></P>
<P>I have &s;hewed you your lo&s;&s;es, let me &s;hew you your gains by this accommodation, that by comparing one with the other, you may cast up your account whether you &s;hall be gainers or lo&s;ers by it.</P>
<P N="1"><HI>1.</HI> They offer you the Tower of <HI>London,</HI> and your Militia to be re|&s;tored (things of no great con&s;ideration) and your Aldermen and Ci|tizens to be &s;et at liberty: they do not offer to disband their Army, which makes them Lord it over you, and over-power both Tower and Militia; and when they have divided you from all your friends, and de&s;troyed your reputation, and are &s;ecure from the Scots, the &s;ame violence which at fir&s;t took your Tower, your Militia and your mo&s;t hone&s;t Citizens from you, can deprive you of them all again at plea|&s;ure, when you &s;hall have none to &s;tick by you: your obligation to them &s;hall be of &s;teel, theirs to you but of &s;traw, he that gives me that he can deprive me of at plea&s;ure, gives me nothing.</P>
<P N="2"><HI>2. Cromwell</HI> and his party knew your City to be the entire &s;trength of <HI>England.</HI> In <HI>Rich. 2.</HI> dayes (when it was not half &s;o great and populous as now) it &s;lew <HI>Wat Tyler</HI> and routed his rabble, &s;ix times as many in number as the Army. They therefore fear you, and con&s;equently hate you, and labour nothing more than to divide and weaken you, which is their proper intere&s;t: For which purpo&s;e (to di|vide the City in it &s;elf) they cau&s;ed the Parliament to change your Militia into other hands: they cut off <HI>We&s;tmin&s;ter, Southwark,</HI> and the <HI>Hamlets</HI> from your Militia, to weaken it; they have divided you from the Parliament, they have endeavoured to divide the Countrey from you, <HI>Ut dividendo &s;ingula imperent univer&s;is.</HI> Wherefore the Army in their Remon&s;trance <HI>7. December 1647.</HI> In&s;olently demand Reparations from the City to the Countrey adjacent, for above <HI>100000 l. </HI> lo&s;&s;e &s;u&s;tained through the Armies attendance on the Ci|ties defaults; which was a device only to make the Country
<PB N="159" REF="84"> quarrell with the City, and to make the Army Umpiers.</P>
<P N="3"><HI>3.</HI> Con&s;ider you &s;hall joyn with them that never kept Faith longer than they may gain by it, whereof you have many examples. Any hone&s;t man may be deceived once, but he is a fool that will be deceived twice by one man.</P>
<P N="4"><HI>4.</HI> Nay you cannot treat with the&s;e men, nor give them a Common Council, or Hall, without lo&s;&s;e and danger: they have always made lies their refuge, and built their De&s;igns upon the &s;andy foundations of Rumors and Fables.</P>
<P><HI>Cromwel</HI> and <HI>Glover</HI> already give out, that they and you are as good as agreed, that you differ only upon a puntilio of honour, which will &s;oon be reconciled: what is the meaning of this? but that they (having creatures of their own, Commi&s;&s;ioners in <HI>Scotland</HI>) have adverti&s;ement to &s;pread the &s;ame reports there, thereby to take off the edge of your friends affections; to lay an imputation of incon|&s;tancy upon you, and make you incon&s;iderable in the judgements of your be&s;t friends, and retard all indeavours for your &s;uccour. In the mean time, this party hath blocked up all pa&s;&s;ages to <HI>Scotland,</HI> that truth can have no acce&s;&s;e to you, and you have only &s;uch news as <HI>Derby-hou&s;e</HI> doth plea&s;e to impart to you. The&s;e men have committed tho&s;e crimes that cannot be &s;afe without committing greater: they mu&s;t on headlong: go not with them for company; they de&s;ire to be|&s;tow their plague-&s;ores upon others. Let it not trouble you, that the Parliament hath approved their &s;ub&s;cription of the Ingagement, with the Army; it was a Vote extorted in a thin hou&s;e, many Members ha|ving been driven away by threats of the Army before, and there were many di&s;&s;enting Members. A little patience and constancy will &s;ettle you in a la&s;ting peace.</P>
<P>To petition the Hou&s;es to repeal their four Votes again&s;t the King, is to &s;ave their reputation, that &s;eek to de&s;troy yours.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>A &s;ea&s;onable Caution to the City of <HI>London.</HI></HEAD>
<OPENER><SALUTE>Gentlemen of the City.</SALUTE></OPENER>
<P>YOur Neighbours of <HI>Kent,</HI> and other Counties wi&s;hing well to them, take it unkindly, that (notwith&s;tanding all the&s;e former admonitions) you &s;hould let down your chains, and give a free march to this bloody, cheating, &s;chi&s;matical Army at all hours of the night through your City, to cut their throats, and
<PB N="160" REF="85"> lend them 6000 l. to enable them to march: when they had no other de&s;ign, but in a peaceable way to deliver a Petition to the Hou&s;es, demanding nothing but what the Parliament by their Declarations, Covenant, the Oaths of Supremacy and allegi|ance, and the known Laws of the Land ought to grant: Onely, being fore-warned by the inhumane a&s;&s;a&s;&s;ination of the <HI>Surrey</HI> Petitioners, they had &s;ome men in Armes, a &s;ufficient di&s;tance from the Town, to &s;ecure their Me&s;&s;engers. They have by their Letters to your &s;elves and the Hou&s;es manife&s;ted the clearne&s;&s;e of their intentions to you all. They are known to be men of &s;et|led habitations and fortunes (for the mo&s;t part) not vagabonds and Souldiers of Fortune like the Army. Their commerce with you help you both to trade and feed: whereas the Armies in&s;olent march in triumph through your City, &s;o far le&s;&s;ened your reputati|on ever &s;ince, that you con&s;tantly lo&s;e in your trading 200000 l. a Week, and no Bullion comes into the Mint; whereby multitudes of you are undone, and yet the Armies Arrears, and all other Taxes are exacted from you with as much cruelty, as you lo&s;t nothing.</P>
<P>Remember that Butchery committed upon the unarmed Ap|prentices, when <HI>Cromwel</HI> cried to the Souldiers <HI>to kill man, woman, and child, and fire the City:</HI> at which time his No&s;e looked as pro|digiou&s;ly upon you as a Comet.</P>
<P>Remember the &s;corn put upon you by a Grandee when you were enabled to put up your Chains again; That the Hou&s;e had con&s;ented your Po&s;ts &s;hould have Chains as well as your Alder|men, and did as well de&s;erve them. And <HI>Weaver's</HI> word when your Guards came to attend the Hou&s;e, <HI>that</HI> 60 <HI>of the Army &s;hould beat</HI> 3000 <HI>of them.</HI></P>
<P>Remember how unwillingly and juglingly they re&s;tored un|to you the <HI>Tower</HI> (fir&s;t plundered of all its ammunition you former|ly had in it) and part only of your <HI>Militia,</HI> and that clogged with many re&s;trictions: they that be&s;tow gifts &s;o grudgingly upon you when they are weak, will deprive you of them again when they are &s;trong. Adver&s;ity makes them your fal&s;e friends, Pro&s;perity your real Enemies, Nece&s;&s;ity only ties them to you: have a care therefore you do not relieve their nece&s;&s;ities, le&s;t you lo&s;e them; like the frozen Snake in the bo&s;ome, when they grow warm they will bite and &s;ting.</P>
<P>You &s;eem to have forgotten the unju&s;t impri&s;onment of your Aldermen; the unfaithfulne&s;&s;e and incon&s;tancy of their Votes,
<PB N="161" REF="85"> and Ordinances, even for &s;ecurity of Money, and Land bought; the &s;everal Informations and Te&s;timonies you had of their good intentions to borrow more of your Money, not by way of Loan, nor upon the Publique Faith, but by way of plunder. Notwith|&s;tanding all the&s;e injuries, and many more, (as if God had infa|tuated you, to de&s;troy you) you &s;uffer a corrupt Faction within you to Li&s;t men (to the amazement of your neighbour Counties) who&s;e principles you fir&s;t examine; and if they be not <HI>Indepen|dents,</HI> you tru&s;t them not with Arms. I hear of a young man, who being asked, <HI>of what principles he was?</HI> he an&s;wered, <HI>That in the&s;e doubtfull times he profe&s;&s;ed no principles but gain:</HI> to whom was re|plied, <HI>then we are of one principle, for we are re&s;olved to keep what we have got.</HI> Behold the Principles of the&s;e men that ob&s;truct our peace! con&s;ider that Heaven and Earth have denounced war again&s;t the&s;e men, and that God him&s;elf hath touched the hearts of all men as one man to ri&s;e again&s;t them, and demand to have Peace, Religion, and Ju&s;tice re&s;tored. When the whole Kingdom &s;hall ri&s;e in a flame, what will be your lot, but &s;moak in your eyes, and at la&s;t a con&s;uming fire in your bowels? when you only &s;hall be left to maintain this domineering Army with your money, and to re|cruit them with your blood? many of their Officers &s;ay already, <HI>That the Country is exhau&s;ted of Money, and you &s;hall be their pur&s;e-bearers:</HI> but becau&s;e you are a cur&s;t Cow, they mu&s;t keep the <HI>Army</HI> about you, that the Souldiers may hold you by the <HI>horns</HI> whil&s;t their friends milk you.</P>
<P>Con&s;ider how ab&s;olute a nece&s;&s;ity, and how general a re&s;olution there is, that all things &s;hould return to their old channel: If you &s;top the violence of this Torrent, it will &s;well untill it overwhelm and drown you. You that are guiltle&s;s, joyn not with the guilty; you that are guilty &s;in no more; there will be mercy for you if you repent, and amend in time. The very multitude of offenders will help to excu&s;e your offences; let not de&s;pair hu<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> you from one &s;in to another until you fall into de&s;truction, as <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">aid <HI>Judas,</HI> who&s;e De|&s;pair (by all Divines) is held to be a greater i<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">piety than his Trea|chery; by the fir&s;t, he &s;inned again&s;t the God-head of Chri&s;t, by the &s;econd again&s;t his Manhood only.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="162" REF="86">
<HEAD>The Remon&s;trance and Declaration of the Knights, E&s;quires, Gentlemen, and Freeholders in <HI>COLCHESTER.</HI></HEAD>
<P>PEtitions (the birth-right of Subjects) are by Law our addre&s;&s;es to our King, <HI>(Gods Vicegerent)</HI> by cu&s;tom our approaches to the Hou&s;es of Parliament, (His Maje&s;ties great Council,) by them we u&s;ed humbly to pre&s;ent our mode&s;t de&s;ires, and were wont to re|ceive an&s;wers (as <HI>Gideons</HI> fleece the dew) without noi&s;e, yet &s;atis|factory; but that was denied our fir&s;t Petition, and before our &s;econd could be ready, our brethren of <HI>Surrey</HI> by theirs ecchoed our prayer to both Hou&s;es of Parliament, but received their an&s;wer, <HI>(as the Jews their Law)</HI> in thunder and lightning, a two-edged &s;word the tongue, and the report of Muskets the voice, which &s;pake nothing but wounds and death.</P>
<P><HI>We</HI> therefore thus admoni&s;hed, re&s;olved thus to pre&s;ent our grie|vances to the World, and our Petitions to Heaven, for a ble&s;&s;ing upon our intended indeavours.</P>
<P><HI>Our grievances are the&s;e:</HI></P>
<P N="1"><HI>1.</HI> Fir&s;t, the di&s;traction and threatned ruine of our glorious <HI>Pro|te&s;tant Church,</HI> the neglect and abu&s;e of <HI>Religion,</HI> the de&s;truction of our <HI>Univer&s;ities</HI> (the springs of all Learning; Divine and Humane) occa|&s;ioned by the fierce and ignorant Separatists, &s;et up and maintained as Rulers both in Church and State, by the prevalency and violence of a rebellious and de&s;tructive Army, under the command of the L. <HI>Fair|fax,</HI> and countenanced by the &s;eeming Authority of a pact, unfree, and over-awed Hou&s;e of Parliament.</P>
<P N="2"><HI>2.</HI> Next, that contrary to the Oath and duty of Allegiance (from which no power can, nor yet hath pretended to ab&s;olve us) our Sove|raign Lord the King is by the de&s;ign of the &s;aid Army, drawn from His Hou&s;e at <HI>Hampton Court</HI> to the <HI>I&s;le of Wight,</HI> and there by the power of <HI>Col. Hammond</HI> and others of the Army Impri&s;oned, and detained from His Parliament; by which act the &s;aid <HI>Ham|mond,</HI> and all adhering to him, are according to the Votes pa&s;&s;ed in both Hou&s;es, <HI>16. March, 1641. Enemies to the peace of the King|dom.</HI></P>
<P N="3"><HI>3.</HI> A third, is the violent and unchristian &s;eparation of the <HI>King, His Royal Con&s;ort and Children,</HI> at once depriving His Maje&s;ty of the two fir&s;t ble&s;&s;ings be&s;towed on Man.</P>
<P N="4"><PB N="163" REF="86"><HI>4.</HI> The forcing the <HI>Queen</HI> and <HI>Prince</HI> of <HI>Wales,</HI> to &s;eek in a forein Nation, what in their own they could not enjoy, <HI>liberty, &s;afety,</HI> and <HI>&s;upport.</HI></P>
<P N="5"><HI>5.</HI> The exerci&s;e of <HI>Martial Law</HI> while the Courts of Ju&s;tice are o|pen, and &s;itting at <HI>We&s;tmin&s;ter,</HI> the ob&s;tructing ju&s;tice in our Courts of Judicature, and by the privat Committee of Indemnity perverting judgment, and exerci&s;ing arbitrary power, which is a <HI>&s;ubver&s;ion</HI> of our ancient Laws, and an introducing of a <HI>tyrannical government,</HI> as was re&s;olved by both Hou&s;es in the Ca&s;es of the E. of <HI>Strafford,</HI> and Archb. of <HI>Canterbury,</HI> and writ in their bloud.</P>
<P N="6"><HI>6.</HI> Sixtly, the pre&s;ent mi&s;chief and future danger to the whole Kingdom, by rea&s;on that the publique affairs of highe&s;t concern, are managed and carried on by a few particular men in a private Com|mittee at <HI>Derby-hou&s;e,</HI> wherein (contrary to the &s;elf-denying Ordi|nance) the prime actors are chief Officers of the Army, and have by our unhappy differences, po&s;&s;e&s;t them&s;elves of the most beneficial offi|ces and imployments of the Kingdom; and the other Places of profit and commodity, are by their de&s;ign conferred on others, Members of the Army and Hou&s;es of Parliament, to purcha&s;e their compliance and Votes in all matters agitated in the Hou&s;es of Parliament: by rea&s;on whereof all motions <HI>for His Maje&s;ties return to his Parliament</HI> (the fir&s;t &s;tep to our de&s;ired Peace) have been either totally rejected, or by them politickly delayed, becau&s;e Peace would determine both their <HI>power</HI> and <HI>profit.</HI></P>
<P N="7"><HI>7.</HI> The <HI>E&s;tates of Delinquents,</HI> the <HI>Lands of Bi&s;hops, Deans and Chapters,</HI> (de&s;igned by &s;everal Ordinances for di&s;charge of <HI>publique Debts</HI>) are by the Hou&s;es and power of the Army &s;hared and divided amongst them&s;elves, while the <HI>publique debts</HI> be un&s;atisfied, the common Souldier unpayed, the mained unrelieved, the Widdows and Children of the &s;lain unprovided for, and all left burdens to the Com|monwealth.</P>
<P N="8"><HI>8.</HI> That the Army con&s;i&s;ting of mean, ignorant and illiterate men, (only gilt with hypocri&s;ie, divine and civil) under pretence of <HI>tender Con&s;ciences</HI> (the better to induce and tolerate all Here&s;ies) have ex|pelled and &s;uppre&s;t all <HI>learned Orthodox Divines, and Church Go|vernment,</HI> and crying <HI>Liberty, Liberty,</HI> have &s;ubjected our Per&s;ons and E&s;tates to arbitrary Law and tyranny; and by Rape imbracing the <HI>Legi&s;lative power,</HI> cuckolds the <HI>body Politick,</HI> giving Laws to the <HI>whole Kingdom,</HI> and yet by <HI>Petitions</HI> and <HI>Remon&s;trances</HI>
<PB N="164" REF="87"> make both Hou&s;es <HI>father</HI> (as their own) the <HI>adulterous i&s;&s;ue.</HI></P>
<P N="9"><HI>9.</HI> That this Army a&s;&s;uming to them&s;elves the modelling and &s;et|tlement both of Church and State, at <HI>Wind&s;or</HI> in <HI>April</HI> la&s;t, in their Council did con&s;ult the&s;e <HI>3.</HI> Que&s;tions.</P>
<P>Fir&s;t, <HI>Whether &s;hall we joyn with the Levellers, and new mo|del both Church and State?</HI></P>
<P>Next, <HI>Whether with the moderate Party, Treat, and receive the KING with more qualified and limited Power?</HI></P>
<P>Thirdly, <HI>Whether Depo&s;e the KING, Di&s;-inherit the PRINCE, Crown the DUKE of YORK, and appoint a Protector?</HI></P>
<P>The fir&s;t was held to promi&s;e mo&s;t of <HI>liberty</HI> and <HI>profit;</HI> but threatned greate&s;t <HI>danger in effecting,</HI> and <HI>difficulty in continu|ing.</HI></P>
<P>The &s;econd was &s;aid to be <HI>ea&s;ie&s;t obtained</HI> and <HI>continued,</HI> becau&s;e nighe&s;t to the pre&s;ent frame and con&s;titution already &s;etled; but would bring them <HI>little of profit,</HI> and <HI>le&s;s of Soveraignty.</HI></P>
<P>The third (like <HI>Benjamin,</HI> la&s;t in birth, but fir&s;t in the Parents af|fections) was held <HI>not difficult to be acted,</HI> but to be <HI>maintained;</HI> for it would require both the expence of much blood and money, and the Kingdom to re-act <HI>York</HI> and <HI>Lanca&s;ter,</HI> under the names of <HI>Wales</HI> and <HI>York.</HI></P>
<P>To this Lieut. Gen. <HI>Cromwel</HI> an&s;wered, <HI>It was the better, for that would nece&s;&s;itate the continuance of our Army, which &s;ecures our per&s;ons, will enforce our rea&s;ons, make ju&s;t our demands, and faci|litate their grant; For the bloud, that will flow from the cheapveins of Common Souldiers, whereof</HI> England <HI>hath plenty, and we will not want; For the money,</HI> London <HI>is our bank, and from their Pur&s;es it &s;hall drain to our Coffers.</HI></P>
<P>Commi&s;&s;ary <HI>Ireton,</HI> L. Gen. <HI>Cromwel's</HI> Son-in-law, &s;aid, <HI>The work was half done; for we have already Voted</HI> no Addre&s;&s;es to be made to the King, <HI>and Him guilty of crimes enough to De|po&s;e Him, and by Impri&s;oning His Per&s;on, have fitted Him for a private life, and by it taught the people that He is &s;ubject to the di&s;po&s;e of both Hou&s;es of Parliament, whole Ordinances are only powerful by</HI> our Swords, <HI>and therefore our Actions &s;hall be legal by their Vote. Further, the</HI> Prince <HI>(&s;aid he) is link'd with his Father in crime, and therefore cannot be &s;evered in pu|ni&s;hment, he hath been General in a We&s;tern Army, warring
<PB N="165" REF="87"> (as his Father) again&s;t the Parliament, a crime that as it rendred the Father fit to be Depo&s;ed, &s;o doth it the Son unfit to &s;ucceed in the Government. And that the de&s;cent of the Crown purge not him, (as it did</HI> Hen. <HI>7.) let us in the Fathers life time Crown the</HI> Duke of York, <HI>now in our power, who&s;e tender years have pre&s;erved him innocent, and pre&s;ents him fitter for protection and our de&s;ign, and &s;hould any blame our &s;everity towards the</HI> King <HI>and</HI> Prince, <HI>others will commend our clemency towards the</HI> Duke of York.</P>
<P>Upon the re&s;ult of this Council, L. Gen. <HI>Cromwel</HI> in the Hou&s;e of Commons, tels Mr. Speaker, <HI>That it was time to &s;et on foot our great de&s;ign, and that &s;uch as &s;hould not concur in Votes with us, be not continued of us.</HI></P>
<P>The motion being mi&s;-timed, and divers of his party ab&s;ent, it was only wondred at by Ma&s;ter <HI>Knightly,</HI> and died with the words. The Scene now alters from <HI>We&s;tmin&s;ter</HI> to <HI>Carisbrook-Ca&s;tle,</HI> and the King that could not be removed by <HI>Votes,</HI> mu&s;t now by <HI>Poy&s;on,</HI> the Actor Col. <HI>Hammond,</HI> Major <HI>Rolf,</HI> &amp;c. all Members of the Ar|my: yet must we by cur&s;ed <HI>Exci&s;e</HI> that in&s;en&s;ibly devours the poor, by in&s;upportable <HI>Monthly Taxes</HI> that impoveri&s;h the rich, con|trary to Law and our Allegiance, contrary to our Prote&s;tation and Covenant (inforced upon us) we mu&s;t traiterou&s;ly maintain and pay this Army that traiterou&s;ly contrive and endeavour the depo&s;al and murder of our Soveraign Lord the King, the &s;ubver&s;ion of our Pro|te&s;tant Church, our Fundamental and known Laws.</P>
<P>We therefore declare to the World, that God ble&s;&s;ing us, we will with hazard of our lives and fortunes, disband and di&s;&s;ipate this Ar|my, the Suppre&s;&s;ors of the pure <HI>Prote&s;tant Religion,</HI> the Impri&s;oners, and would be the Murtherers of their Soveraign Lord the King, and grand Oppre&s;&s;ors of the Common-wealth; then free from Im|pri&s;onment our &s;aid Soveraign, and him (God-willing) re&s;tore to his lawfull <HI>Government, ju&s;t Rights, and Throne in Parliament;</HI> this done, we &s;hall joyfully and readily, depo&s;ite our ju&s;tly a&s;&s;umed Arms, and on our knees beg what his Majesty hath often mo&s;t graciou&s;ly offered, and will undoubtedly grant, his mo&s;t Royal and gracious par|don to all his mi&s;-led Subjects, will return to their Allegiance, and forward to <HI>bring the King back to his own hou&s;e.</HI></P>
<P>We therefore hereby earne&s;tly de&s;ire and reque&s;t all loyal and wel-affected Subjects as well Members of both Hou&s;es of Parliament as
<PB N="166" REF="88"> others, to be herein aiding and a&s;&s;i&s;ting to us. Fir&s;t, by not recrui|ting the Forces of the Lord <HI>Fairfax.</HI> Next, by withdrawing all aid and a&s;&s;i&s;tance from his Army, by with-holding <HI>Exci&s;e</HI> and <HI>Month|ly Taxes</HI> allotted for their pay and &s;upport, and to give us with their prayers &s;uch a&s;&s;i&s;tance as their Allegiance and opportunity &s;hall ad|vi&s;e; and we tru&s;t that the God that judgeth rightly will crown our loyal action with happy &s;ucce&s;&s;e, and our &s;ucce&s;&s;e with a glorious peace, which is heartily prayed for, and &s;hall (God willing) be re&s;o|lutely fought for by us, His Majecties loyal and faithfull Subjects in <HI>Colche&s;ter.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>A Li&s;t of the Names of the Members of the Hou&s;e of Com|mons, Ob&s;erving which are Officers of the Army, contrary to the &s;elf-denying Ordinance: Together with &s;uch &s;ummes of Money, Offices, and Lands, as they have given to them&s;elves for &s;ervice done and to be done, again&s;t the KING and Kingdom. <HI>Corrected and augmented.</HI></HEAD>
<P>Note, <HI>Reader,</HI> that &s;uch as have this mark [*] comming immediately before their Names, are Recruiters, illegally elected, by colour of the new Seal, the power of the Army, and voices of the Souldiers, and are unduly retur|ned, and &s;erve accordingly.</P>
<DIV3 TYPE="section">
<HEAD>The first Century.</HEAD>
<P N="1">1. <HI>WIlliam Lenthall,</HI> Speaker of the Hou&s;e of Commons worth 2000 l. <HI>per an.</HI> be&s;ides rewards for courte&s;ies; (not to &s;ay Bribes) Ma&s;ter of the Rolls, worth 3000 l. <HI>per an.</HI> be|&s;ide the &s;ale of Offices: Chamberlain of <HI>Che&s;ter</HI> in the Earl of <HI>Darbies</HI> place, And until of late <HI>Chancellor</HI> of the Dutchey of <HI>Lan|caster,</HI> worth 1230 l. <HI>per an.</HI> and one of the Commi&s;&s;ioners of their great Seal, worth 1500 l. <HI>per an.</HI> and had 6000 l. given him at one time by the Hou&s;e.</P>
<P N="2">2. <HI>Bul&s;trode Whitlock,</HI> Commi&s;&s;ioner of the great Seal, worth 1500 l. <HI>per an.</HI> and had 2000 l. given him out of Mr <HI>George Minn's</HI> e&s;tate.</P>
<P N="3">3. <HI>Edmund Prideaux,</HI> formerly a Commi&s;&s;ioner for the great
<PB N="167" REF="88"> Seal, worth 1500 l. <HI>per an.</HI> Now by Ordinance practices within the Bar, as one of the Kings Councel; worth 500 l. <HI>per an.</HI> and is Po&s;tma&s;ter for all Inland Letters; worth 100 l. every Tue&s;day night be&s;ide his &s;upper, and it was thus got: The Lord <HI>Stanhop,</HI> the Po&s;t|ma&s;ters and Carriers of <HI>England</HI> complained in Parliament, again&s;t Mr. <HI>Witherings</HI> and others, touching the carrying of Letters, where|upon the benefit of forein Letters were given to the Earl of <HI>War|wick;</HI> worth 5000 l. <HI>per an.</HI> and the Inland Letters to Mr. <HI>Pride|aux: good Parliament Ju&s;tice.</HI></P>
<P N="4">4. <HI>Roger Hill,</HI> a Barre&s;ter of the Temple, in no practice, nor of a con&s;iderable e&s;tate, till this Parliament, hath now from the Hou&s;e the Bi&s;hop of <HI>Winche&s;ters</HI> Mannor of <HI>Taunton Dean,</HI> being the be&s;t of <HI>England;</HI> and worth 1200 l. <HI>per an.</HI> when the e&s;tates for lives determine.</P>
<P N="5">5. <HI>Humphrey Salway,</HI> the Kings Remembrancer in Mr. <HI>Fan|&s;haw's</HI> place; worth 200 l. <HI>per an.</HI></P>
<P N="6">6. <HI>Francis Rous,</HI> Provo&s;t of <HI>Eaton,</HI> in Dr. <HI>Stewards</HI> place; worth 600 l. <HI>per annum,</HI> and hath got a College Lea&s;e worth 600 l. <HI>per annum.</HI></P>
<P N="7">7. <HI>John Li&s;le,</HI> Barre&s;ter of the Temple, Ma&s;ter of St. <HI>Cro&s;&s;es</HI> in Dr. <HI>Lewes</HI> his place, being a place for a Divine; and worth 800 l. <HI>per annum.</HI></P>
<P N="8">8. <HI>Oliver St. John,</HI> by Ordinance both Attorney and Solicitor to the King, worth what he plea&s;e to make it; and hath the pa&s;&s;ing of all Pardons upon Commi&s;&s;ions, worth 40000 l. </P>
<P N="9">9. Sir <HI>William Alli&s;on,</HI> Alderman of <HI>York,</HI> Clerk of the Hamper, worth 1000 <HI>per an.</HI> he hath <HI>Crabb-Ca&s;tle;</HI> worth 600 l. <HI>per an.</HI> Sometimes the Bi&s;hop of <HI>Yorks</HI> in <HI>York-&s;hire.</HI></P>
<P N="10">10. <HI>Thomas Hoile,</HI> Alderman of <HI>York,</HI> Trea&s;urers Remembran|cer in the Exchequer, in Sir <HI>Peter Osburn's</HI> place, worth 1200 l. <HI>per annum.</HI></P>
<P N="11">11. <HI>Thomas Pury</HI> Senior, fir&s;t a Weaver in <HI>Gloce&s;ter,</HI> then an ig|norant Countrey Solicitor, had 3000 l. given him, and Mr. <HI>Ger|rards</HI> place in the Petty-bag, worth 400 l. <HI>per an.</HI></P>
<P N="12">12. <HI>Thomas Pury</HI> Junior, Son to the Elder, Receiver of the Kings Rents in <HI>Glocester</HI> and <HI>Wilts,</HI> Clerk of the Peace of <HI>Gloce|&s;ter-&s;hire,</HI> worth 200 l. <HI>per an.</HI> and Captain of Foot and Hor&s;e, the fir&s;t year of this Parliament, &s;ervant to Mr. <HI>Towne&s;head,</HI> an Attor|ney of <HI>Staple Inne.</HI></P>
<P N="13"><PB N="168" REF="89">13. <HI>William Ellis,</HI> Steward of <HI>Stepney,</HI> worth 200 l. <HI>per an.</HI> and by him &s;old to one of the Temple.</P>
<P N="14">14. <HI>Miles Corbet,</HI> at the beginning of the Parliament 3000 l. in debt for him&s;elf and his Mother, more than he was worth: now one of the Regi&s;ters in Chancery, worth 700 l. <HI>per an.</HI> be&s;ides Chair-man for &s;candalous Mini&s;ters, worth 1000 l. <HI>per an.</HI> And hath money in his pur&s;e.</P>
<P N="15">15. <HI>John Goodwyne,</HI> the other Regi&s;ter in Chancery, worth 700 l. <HI>per annum.</HI></P>
<P N="16">16. Sir <HI>Thomas Widdrington,</HI> a Commi&s;&s;ioner of the great Seal, worth 1500 l. <HI>per. an.</HI></P>
<P N="17">17. <HI>Edward Bi&s;he,</HI> Garter Herauld, in Sir <HI>Edward Walkers</HI> place, worth 600 l. <HI>per an.</HI></P>
<P N="18">18. * <HI>Walter Strickland,</HI> Agent in Holland for the two Hou&s;es of Parliament, worth to him 5000 l. </P>
<P N="19">19. <HI>Nicholas Love,</HI> Mr. Speakers Chamber-fellow, one of the &s;ix Clerks in Chancery, in Mr. <HI>Penruddocks</HI> place; worth 2000 l. <HI>per annum.</HI></P>
<P N="20">20. Sir <HI>Gilbert Gerrard,</HI> much in debt before the Parliament, pay-ma&s;ter to the Army, and had 3d. <HI>per</HI> pound allowed, be&s;ides Gratuities, worth 60000 l. and now Chancellor of the Dutchey, worth 1200. <HI>per an.</HI></P>
<P N="21">21. <HI>Gilbert Gerrard,</HI> his &s;econd &s;on, Clerk of the Dutchey, and for who&s;e benefit the Clerk-&s;hip of the A&s;&s;ize in <HI>Norfolk,</HI> is gran|ted to Mr. <HI>Edward Garret</HI> his Cozen by the procurement of Sir <HI>Gilbert,</HI> and is worth 500 l. <HI>per an.</HI></P>
<P N="22">22. <HI>John Selden,</HI> had given him 5000 l. of which he received 2500 l. pound.</P>
<P N="23">23. * <HI>John Bond,</HI> (Son to <HI>Dennis Bond,</HI> a Parliament man) made Ma&s;ter of Trinity-Hall in <HI>Cambridge,</HI> which Mr. <HI>Selden</HI> refu&s;ed to accept of.</P>
<P N="24">24. Sir <HI>Benjamin Rudiard,</HI> given him 5000 l. <HI>And hath he not de&s;erved it?</HI></P>
<P N="25">25. * <HI>Lucas Hodges,</HI> Cu&s;tomer of <HI>Bri&s;tol.</HI></P>
<P N="26">26. Sir <HI>John Hip&s;ley,</HI> hath the keeping of three of the Kings Parks, <HI>Mary-bone</HI>-Park, that was Mr. <HI>Carewes, Hampton</HI>-Park, and <HI>Bu&s;hy</HI>-Park, and given him 2000 l. in Money.</P>
<P N="27">27. Sir <HI>Thomas Wal&s;ingham,</HI> the Honour of <HI>Eltham,</HI> that was the Earl of <HI>Dor&s;ets,</HI> the middle-Park and hou&s;e, which was Ma&s;ter
<PB N="169" REF="89"> <HI>Whines,</HI> and hath cut down 4000. Timber Trees:</P>
<P N="28">28. <HI>Benjamine Valentine,</HI> given him 5000 l. </P>
<P N="29">29. * Sir <HI>Henry Heyman,</HI> given him 5000 l. </P>
<P N="30">30. <HI>Denzell Hollis,</HI> given him 5000 l. </P>
<P N="31">31 * <HI>Nath. Bacon,</HI> given him 3000 l. </P>
<P N="32">32. * <HI>John Steevens,</HI> given him out of the Lord <HI>A&s;tley</HI>'s Com|po&s;ition 1000 l. </P>
<P N="33">33. * <HI>Henry Smith,</HI> made one of the &s;ix Clerks; worth 2000 l. <HI>per annum.</HI></P>
<P N="34">34. <HI>Robert Renolds,</HI> had 2000 l. given him; Be&s;ides <HI>Abingdon-Hall,</HI> and the Lands, worth 400 l. <HI>per annum.</HI> Hath bought a good penny-worth of Bi&s;hops Lands, hath 20000 l. beyond Sea, as he made appear upon his Mariage.</P>
<P N="35">35. Sir <HI>John Clotworthy,</HI> Trea&s;urer for <HI>Ireland,</HI> and by the Army charged with defrauding of the State of 40000 l. which may be one rea&s;on the King could never get an Account of the monies rai<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ed for the <HI>Iri&s;h,</HI> though he de&s;ired it.</P>
<P N="36">36 <HI><GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ohn A&s;he,</HI> given him out of Mr. <HI>John Coventry</HI>'s Compo&s;i|tion 4<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">00 l. out of Sir <HI>Edward Mo&s;ely</HI>'s 1000 l. out of Mr. <HI>Edw. Ph<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"></HI>'s 1200 l. out of Sir <HI>John Powel</HI>'s e&s;tate 8000 l. And (which is w<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ll this) is the great Chairman at Gold&s;miths Hall. <HI>Is not this better than cloathing?</HI></P>
<P N="37">37. * <HI>John Lenthall,</HI> &s;on to the Speaker, made one of the &s;ix Clerks, worth 2000 l. <HI>per annum.</HI></P>
<P N="38">38. * <HI>Francis Allen,</HI> a poor Gold&s;mith at St. <HI>Dan&s;tans</HI> in <HI>Fleet|&s;treet,</HI> now made a Cu&s;tomer for <HI>London.</HI> In honour of whom clip|ped moneys are called <HI>(Allens.)</HI></P>
<P N="39">39. <HI>Giles Green,</HI> the Reciver of <HI>York-&s;hire,</HI> being put out of his place, got it for his Son-in-Law, is Chair-man for the Navy, and for Sir <HI>Thomas Daws</HI> his e&s;tate, and what it was worth to him, Sir <HI>Thomas Daws</HI> his Creditors will tell you; for they got no|thing.</P>
<P N="40">40. <HI>Francis Pierpoint</HI> hath the Arch-bi&s;hop of <HI>York</HI>'s Lands, ly|ing in <HI>Nottingham-&s;hire.</HI></P>
<P N="41">41. <HI>William Pierpoint</HI> hath 7000 l. given him, and all the Earl of <HI>King&s;ton</HI>'s per&s;onal E&s;tate, worth 40000 l. </P>
<P N="42">42. * <HI>John Palmer,</HI> Mr. of <HI>All-Souls</HI> in <HI>Oxford,</HI> in Doctor <HI>Shel|den</HI>'s place, a Divine.</P>
<P N="43">43. * <HI>John Blacke&s;ton,</HI> a poor &s;hop-keeper in <HI>New Castle,</HI> was
<PB N="170" REF="90"> Executor to the Executor of Sir <HI>John Fenner,</HI> tru&s;ted with 6000 l. for Charitable u&s;es, and was &s;ued in Chancery to perform the tru&s;t; but got him&s;elf returned a Burge&s;s for <HI>New-Ca&s;tle</HI> by the <HI>Scots</HI> Garri&s;on there; had 3000 l. given him out of one Gentlemans Compo&s;ition, and out of others as much as made it up 12000 l. as was made appear at a Committee before Mr. <HI>Sandis</HI> of the Temple Chair-man; hath al&s;o a Cole-meeter's place worth 200 l. <HI>per an|num,</HI> and the Bi&s;hop of <HI>Durham</HI>'s Ca&s;tle at <HI>Durham,</HI> and Lands of great value.</P>
<P N="44">44. <HI>Tho. Ceely,</HI> long a Pri&s;oner for debt, helped out by the Par|liament, and made Recorder of <HI>Bridgewater.</HI></P>
<P N="45">45. * <HI>Thomas Moor,</HI> an Officer in the Cu&s;tom-hou&s;e, and his brother Governor of <HI>Ludlow.</HI></P>
<P N="46">46. * <HI>Scawine,</HI> given him 2000 l. </P>
<P N="47">47. <HI>I&s;aac Pennington,</HI> twice broke; once Lieutenant of the Tow|er; a year and a half Lord Mayor of <HI>London</HI> before his time; had 7000 l. given him, and hath &s;tore of Bi&s;hops Lands.</P>
<P N="48">48. <HI>Samuel Va&s;&s;el</HI> given him 1000 l. </P>
<P N="49">49. <HI>Oliver Cromwel</HI> Leiut. Gen. hath 2500 l. <HI>per an.</HI> given him out of the Marque&s;s of <HI>Worce&s;ters</HI> E&s;tate, for which 4000 l. <HI>per an.</HI> is &s;et out at the rate of 2500 l. </P>
<P N="50">50. Sir <HI>Wil. Brereton,</HI> Col. Gen. for the <HI>Che&s;hire</HI> Forces, hath <HI>Ca&s;hobery,</HI> and other Lands of the L. <HI>Capels</HI> worth 2000 l. <HI>per an.</HI> and the Archbi&s;hops hou&s;e and Lands at <HI>Croiden,</HI> where he hath turned the Chappel into a Kitchin. <HI>A goodly Reformation, and fits with his &s;tomack as well as his Religion.</HI></P>
<P N="51">51. * <HI>Thomas Waite,</HI> Collonel, Governour of <HI>Burley,</HI> where he thrives &s;o well, as he is now buying 500 l. <HI>per an.</HI> who before was not able to buy 5 l. a year.</P>
<P N="52">52. Sir <HI>Oliver Luke,</HI> decayed in his E&s;tate, Collonel of H r&s;e.</P>
<P N="53">53. Sir <HI>Samuel Luke</HI> his Son, Collonel, and Scout-ma&s;ter for the Counties of <HI>Bedford,</HI> &amp;c.</P>
<P N="54">54. * <HI>Thomas Gell,</HI> Leiut. Col. to Sir <HI>John Gell,</HI> made Recorder of <HI>Derby,</HI> in Mr. <HI>Alli&s;trie</HI>'s place.</P>
<P N="55">55. <HI>Valentine Walton,</HI> Collonel, and Governour of <HI>Lin Regis.</HI></P>
<P N="36">36. * <HI>Richard Norton,</HI> Collonel, Governour of <HI>Southampton.</HI></P>
<P N="57">57. * <HI>Edward Harvy,</HI> late a poor Silk-man, now Col. and hath got the Bi&s;hop of <HI>London</HI>'s Hou&s;e and Mannor of <HI>Fulham.</HI></P>
<P N="58">58. <HI>Edward Ro&s;&s;iter,</HI> Collonel, and Generall of all the
<PB N="171" REF="90"> <HI>Lincoln&s;hire</HI> Forces, and Governour of <HI>Belvory</HI> Ca&s;tle.</P>
<P N="59">59. * Sir <HI>Michael Live&s;ey,</HI> Col. Seque&s;trator, and Plunder-ma|&s;ter General of <HI>Kent.</HI></P>
<P N="60">60. * <HI>Henry Ireton</HI> (&s;on in Law to Lieutenant General <HI>Cromwel</HI>) Colonel, and Commi&s;&s;ary General.</P>
<P N="61">61. * <HI>Richard Salway,</HI> Col. formerly a Grocer's man.</P>
<P N="62">62. * <HI>John Birch,</HI> formerly a Carrier, now a Colonel.</P>
<P N="63">63. * <HI>Thomas Rainsborough,</HI> a Skipper of <HI>Lin,</HI> Col. Governour of <HI>Wood&s;tock,</HI> and Vice-Admiral of <HI>England.</HI></P>
<P N="64">64. * <HI>Robert Black,</HI> Col. Governour of <HI>Taunton.</HI></P>
<P N="65">65. * <HI>Francis Ru&s;&s;el,</HI> Colonel.</P>
<P N="66">66. * <HI>Rowland Wil&s;on,</HI> Colonel.</P>
<P N="67">67. * <HI>Robert Harley,</HI> Col. &s;on to Sir <HI>Robert Harley.</HI></P>
<P N="68">68. * <HI>Richard Brown,</HI> Major General, and Governour of <HI>A|bingdon.</HI></P>
<P N="69">69. * <HI>Peter Temple,</HI> Captain of a Troop of Hor&s;e.</P>
<P N="70">70. * <HI>John Ven,</HI> Colonel, Governour of <HI>Wind&s;or,</HI> had 4000 l. given him.</P>
<P N="71">71. * <HI>Algernon Sidney,</HI> Governour of <HI>Dover-Ca&s;tle.</HI></P>
<P N="72">72. * <HI>Richard Ingolsby,</HI> Colonel, Governour of <HI>Oxford.</HI></P>
<P N="73">73. * <HI>John Hutchin&s;on,</HI> Colonel, Governour of <HI>Nottingham.</HI></P>
<P N="74">74. * Sir <HI>John Palgrave,</HI> Col. at the &s;iege of <HI>Newark.</HI></P>
<P N="75">75. * <HI>Edmund Ludlow,</HI> Governour of</P>
<P N="76">76. * <HI>Cornelius Holland</HI> renteth as much of the Kings Grounds for 200 l. <HI>per an.</HI> as is worth 1600 l. or 1800 l. <HI>per an.</HI></P>
<P N="77">77. * <HI>Philip Skippon,</HI> Sergeant-Major-General of the Army, Major-Gen. of <HI>London,</HI> and Governoor of <HI>Bri&s;tol,</HI> had 1000 l. <HI>per an.</HI> lands of inheritance given him.</P>
<P N="78">78. * <HI>Charls Fleetwood,</HI> Colonel.</P>
<P N="79">79. * <HI>Thomas We&s;trow,</HI> Capt. under Sir <HI>Michael Live&s;ey,</HI> was nothing worth, until a Captain and a Parliament man; and now hath gotten the Bi&s;hop of <HI>Worce&s;ters</HI> Manor of <HI>Hartlerow,</HI> which proves he hath two good and beneficial offices.</P>
<P N="80">80. <HI>Henry Martyn,</HI> Col. of a Regiment of Hor&s;e, and a Regi|ment of Whores.</P>
<P N="81">81. <HI>Nathaniel Fiennes,</HI> Col. once Governour of <HI>Bri&s;tol. There|by hangs a Tail.</HI></P>
<P N="82">82. <HI>Anthony Stapley,</HI> Col. Governour of <HI>Chiche&s;ter.</HI></P>
<P N="83">83. <HI>Alexander Rigby,</HI> Col. and Governour of <HI>Bolton.</HI></P>
<P N="84"><PB N="172" REF="91">84. <HI>Charls Pym,</HI> Captain of a Troop of Hor&s;e.</P>
<P N="85">85. Sir <HI>Arthur Ha&s;lerig,</HI> Colonel, Governour of <HI>New-Castle,</HI> and hath the Bi&s;hop of <HI>Durham</HI>'s hou&s;e, Park, and Manor of <HI>Auk|land,</HI> and 6500 l. in money given him.</P>
<P N="86">86. <HI>William Jep&s;on,</HI> Colonel.</P>
<P N="87">87. Sir <HI>Thomas Middleton,</HI> Major-General for <HI>Denbigh,</HI> and five other Counties.</P>
<P N="88">88. <HI>Godfrey Bo&s;well,</HI> Colonel.</P>
<P N="89">89. The Lord <HI>Gray</HI> of Grooby, (&s;on to the E. of <HI>Stamford</HI>) Col. and hath given to him the Queens Manor hou&s;e, Park, and Lands at <HI>Holdenby,</HI> and ther's a great fall of the Woods.</P>
<P N="90">90. Sir <HI>Will. Con&s;table,</HI> Col. Governour of <HI>Gloce&s;ter,</HI> he &s;old his lands to Sir <HI>Marmaduke Langdale,</HI> for 25000 l. and is re&s;tored to it again by Parliament.</P>
<P N="91">91. Sir <HI>Will. Purefoy,</HI> Col. and Governour of <HI>Coventry,</HI> fought re&s;olutely again&s;t the Cro&s;&s;e in the Market place at <HI>Warwick,</HI> and again&s;t the Ancient Monuments in the Earls Chappel in St. <HI>Ma|ries</HI> Church there; for which he had 1500 l. given him, but when he &s;hould have fought with the Enemy, hid him&s;elf in a Barley-field, for which a Water-man at Temple &s;tairs (that had been his &s;oul|dier) refu&s;ed to carry him.</P>
<P N="92">92. Sir <HI>Edward Hungerford,</HI> Col. famous for plundering <HI>Warder Ca&s;tle,</HI> hath the Lands of the Counte&s;&s;e <HI>Dowager</HI> of <HI>Rutland,</HI> worth 1500 l. <HI>per an.</HI> and &s;he allowed but 500 l. </P>
<P N="93">93. <HI>Harbert Morley,</HI> Col. Plunder-ma&s;ter of <HI>Surrey.</HI></P>
<P N="94">94. <HI>John Moor,</HI> Col. of the Guards, and for &s;ome time had the benefit of Pa&s;&s;es out of <HI>London.</HI></P>
<P N="95">95. <HI>Walter Long,</HI> Col. had 5000 l. and the Office of Regi&s;ter for 4. years.</P>
<P N="96">96. Sir <HI>Will. Waller,</HI> General, and lo&s;t two Armies, yet a gainer by the employment.</P>
<P N="97">97. <HI>John Allured,</HI> Col.</P>
<P N="98">98. <HI>Michael Oldsworth,</HI> no Col. but Governour of <HI>Pembroke</HI> and <HI>Mountgomery,</HI> and hath a &s;hare with his Lord out of Sir <HI>Hen|ry Comptons</HI> Office, worth 3000 l. <HI>per an.</HI> and is Keeper of <HI>Wind|&s;or Park.</HI></P>
<P N="99">99. <HI>Tho. Scot,</HI> a Brewers Clerk formerly, hath the Bi&s;hops hou&s;e at <HI>Lambeth.</HI></P>
<P N="100">100. Ma&s;ter <HI>A&s;hhurst,</HI> when he went Commi&s;&s;ioner into <HI>Scot|land,</HI>
<PB N="173" REF="91"> had the Clerk of the Peaces place for <HI>Lanca&s;hire,</HI> and 1000 l. in money given him.</P>
<P>Be&s;ides the&s;e Offices, Commands, and Gratuities, every Mem|ber of the Hou&s;e of Commons, being in all 516. are by their own Order allowed 4 l. <HI>per</HI> Week a man; which amounts to 110000 l. <HI>per annum.</HI></P>
<P>By the Ordinance for &s;eque&s;tring Delinquents (1 <HI>April,</HI> 1643.) it was declared, <HI>That their E&s;tates &s;hould go for maintenance of the Publick Affairs,</HI> and &s;everal Ordinances de&s;igned <HI>Bi&s;hops Lands for pay of</HI> 200000 l. <HI>Publick debt:</HI> Yet by this, and the fol|lowing Centuries, thou &s;halt &s;ee how both Delinquents E&s;tates and Bi&s;hops Lands are by Members of Parliament &s;hared a|mong&s;t them&s;elves, while&s;t the 200000 l. is unpaid, the publick af|fairs &s;upported by un&s;upportable Taxes, and that <HI>Dutch Devil Ex|ci&s;e,</HI> that in&s;en&s;ibly devours the poor, and will impoveri&s;h the rich.</P>
<P>The&s;e are they that with <HI>Hananiah, break the wooden yoke from our necks,</HI> (28 <HI>Jeremiah</HI>) and put on one of Iron; free us from a little <HI>Ship-money</HI> paid thrice in an Age, and impo&s;e as much at once for a <HI>Monthly Taxe;</HI> quit us of the <HI>Monopolies of Tobacco,</HI> and &s;et up <HI>Exci&s;e on Bread and Beer:</HI> The fir&s;t ea&s;eth the wanton rich man, and the latter grindeth the needy and poor. Yet <HI>the&s;e are thy Gods O London!</HI> the&s;e are the Idol Calves the People have &s;et up and do wor&s;hip: the&s;e be the <HI>Molec</HI> to whom ye &s;acrifice Sons and Ser|vants by Troops, Regiments, and Armies, to maintain their <HI>&s;ove|raignty, rebellion,</HI> and <HI>profit.</HI></P>
<P>And that the&s;e and other their actions may never be que&s;tioned, they <HI>His Maje&s;ties loyal and obedient &s;ubjects,</HI> will always <HI>Impri|&s;on their King, continue their Army, perpetuate their Parliament, and intail their Member-&s;hips</HI> (as the Prie&s;thood on <HI>Levi) upon con|fiding Families, to furni&s;h them with Votes,</HI> as Mr. <HI>Gilbert Gerrard</HI> and his 2 Sons, <HI>Brampton Guidon</HI> and his 2 Sons, Sir <HI>Robert Harley</HI> and his 2 Sons, 3 <HI>Fines,</HI> 2 <HI>A&s;hes,</HI> 4 <HI>Stephens,</HI> 4 <HI>Pelhams,</HI> 4 <HI>Herberts,</HI> 4 <HI>Temples;</HI> it were endle&s;&s;e to name the Father and the Son, Bro|ther and Brother that fils the Hou&s;e; they come in couples more than unclean Bea&s;ts to the Ark: 2 <HI>Vanes,</HI> 2 <HI>Puries,</HI> 2 <HI>Chaloners,</HI> 2 <HI>Bacons,</HI> 2 <HI>Pierpoints,</HI> 2 <HI>Bonds,</HI> 2 <HI>On&s;lowes,</HI> 2 <HI>Lenthals, &amp;c.</HI> And that our <HI>Eccle&s;ia&s;ticks</HI> may comply with our <HI>Temporal Governors;</HI> the Hou&s;es aboli&s;h (as &s;uper&s;titious becau&s;e Legal) the <HI>Convocati|on
<PB N="174" REF="92"> of learned Divines,</HI> (regularly &s;ummoned by the <HI>King's Writ,</HI> and duly <HI>elected by the Clergy</HI>) and the Hou&s;e of Commons <HI>nomi|nates an a&s;&s;embly of gifted Divines</HI> (indeed wicked <HI>Simons</HI>) that &s;lander the Godly <HI>Onias,</HI> (2. <HI>Mac.</HI> 4.) to out him of <HI>his Prie&s;ts place;</HI> &s;o that at this day there is not one <HI>A&s;&s;embly-man</HI> but is ille|gally thru&s;t into anothers <HI>Benefice,</HI> a <HI>Catalogue</HI> of who&s;e names and Preferments expect &s;hortly, and with them a view of the <HI>Militia</HI> and <HI>Common-Council-men</HI> of <HI>London,</HI> ob&s;erving what Places, Of|fices and &s;alaries they have from the Hou&s;es of Parliament, and then thou wilt know the rea&s;ons of their Votes and Actions in the City.</P>
<P>You &s;ee in part what the Grandees have done for them&s;elves. Con&s;ider after 8 years &s;itting what they have done for the people, when among&s;t all their Propo&s;itions to the King <HI>for Peace,</HI> hardly any one re&s;pects the <HI>good of the People,</HI> but their own <HI>grandeur and profit.</HI> They demand a <HI>Militia</HI> to keep up this Army upon us, which is not the Kings to give. No King of <HI>England</HI> ever governed by a &s;tanding Army. They demand likewi&s;e power to <HI>rai&s;e what Forces for Land and Sea, con&s;i&s;ting of what Per&s;ons they plea&s;e to pre&s;&s;e; and to rai&s;e what money to maintain them out of all mens E&s;tates,</HI> to be laid on at their di&s;cretion, and as partially as they plea&s;e, &s;o that they may favour one Faction, and oppre&s;&s;e the other at plea&s;ure; for, &s;o much the Act for the <HI>Militia</HI> as it is penned imports: and this is more than his Maje&s;ty hath power to grant. The late <HI>Militia</HI> of Trained Bands, and the <HI>Po&s;&s;e Comitatus</HI> under <HI>She|riffs</HI> (being the only legal <HI>Militia</HI> of <HI>England</HI>) will not &s;erve their turnes. It hath always been the Policy of <HI>England,</HI> to tru&s;t the <HI>Mi|litia</HI> and <HI>&s;word</HI> in one hand (<HI>viz. the</HI> KINGS) and the Pur&s;e that &s;hould <HI>pay them</HI> in another (<HI>viz. the</HI> PARLIAMENTS) whereby <HI>one power</HI> might bound and limit the <HI>other.</HI> For to put the Sword and the Pur&s;e into one hand, is to make that hand ab&s;olute Ma|&s;ter of our Per&s;ons and E&s;tates, and &s;o reduced us to ab&s;olute &s;la|very under the Arbitrary power of one man, without appeal or re|dre&s;&s;e. <HI>Awake and look about you good People.</HI></P>
</DIV3>
</DIV2>
</DIV1>
<TRAILER>THE END.</TRAILER>
</BODY>
</TEXT>
<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="92">
<P>AN APPENDIX TO <HI>The Hi&s;tory of Independency,</HI> BEING A brief de&s;cription of &s;ome few of AR|GYLE'S proceedings, before and &s;ince he joyned in Confederacy with the <HI>Independent Junto</HI> in ENGLAND: <HI>With a Parallel betwixt him and</HI> Cromwell, AND A Caveat to all his &s;educed Adherents.</P>
<Q LANG="lat"><BIBL>CICERO.</BIBL>
<P>Totius inju&s;titia nulla capitalior e&s;t quam eorum, qui cum maxim&egrave; fal|lunt, id tamen agunt, ut viri boni e&s;&s;e videantur.</P></Q>
<P>LONDON, Printed in the Year, 1648.</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="appendix">
<PB REF="93">
<PB N="1" REF="93">
<HEAD>AN APPENDIX TO <HI>The History of Independency.</HI> BEING A brief de&s;cription of &s;ome few of <HI>Argyle</HI>'s pro|ceedings, before and &s;ince he joyned in confe|deracy with the <HI>Independent Junto</HI> in <HI>ENGLAND: With a Parallel betwixt him and</HI> Cromwell; AND A Caveat to all his &s;educed Adherents.</HEAD>
<P>_THe <HI>Covenant</HI> being at the fir&s;t taking, held to be the true Touch&s;tone whereby the Religious Royal Subjects were di&s;cerned from all tho&s;e who were unwilling to &s;ubmit to the yoke of Chri&s;t in matters of Religion, or to the ju&s;t and lawfull Government of our dread Soveraign his Vicegerent; now a &s;ubtil generation of men (or rather Vipers) in both Kingdomes, who did take the Cove|nant, and did magnifie it &s;o long as it could &s;erve them for a Lad|der to mount to their intended Greatne&s;s, being now at the top, have kick'd away the Ladder, and &s;tanding (as it were) on the pinacle, look with di&s;dain on all their old friends, who out of the integrity of their hearts, did for the good of Religion, and His Maje&s;ties honour, joyn in that &s;olemn engagement, it being
<PB N="2" REF="94"> far from their thoughts that their mode&s;t and humble de&s;ires for the Reformation of &s;ome abu&s;es both in Church and State (all which, His Maje&s;ty in the re&s;pective Kingdoms did (or was wil|ling to) cure) &s;hould have &s;truck &s;o deep as to endeavour the o|verthrow of all lawfull Governments, Civil and Eccle&s;ia&s;tical; bringing, in&s;tead of a promi&s;ed Reformation in Religion, a cur&s;ed Toleration of the mo&s;t damnable Sects, Errors, and Here&s;ies that ever Hell did &s;end forth; and for the Civil State, in&s;tead of a well-&s;etled Monarchy, a mo&s;t confu&s;ed tyrannical Anarchy, quite contrary to the words and meaning of the Covenant, and the ho|ne&s;t intentions of all true-hearted, Religious and loyall Subjects in the three Kingdoms, who did take that &s;olemn Covenant with a purpo&s;e to keep it, and of very many thou&s;ands who did never take the Covenant, (yet very good Prote&s;tants and loyall Subjects) being more affrighted with the compul&s;ory way of enforcing it on all, than un&s;atisfied in the matter, being introduced in a legal way, none of the&s;e de&s;erving the name of Malignants, or to be &s;o cruelly dealt with either for their per&s;ons or E&s;tates, as hath been too too common in both Kingdoms; but the Covenant it &s;elf, doth be&s;t decypher who are Incendiaries, Malignants, and evil In&s;truments, <HI>viz.</HI> tho&s;e who hinder the reformation of Religion, who divide the King from His People, or one Kingdom from ano|ther, or make any Faction or Parties among&s;t the people, contrary to the League and Covenant. Yet by our new tenets, none mu&s;t be called Malignants but tho&s;e that have loyall hearts towards their Soveraign, though otherwi&s;e never &s;o Religious, and all of them (with Ma&s;ter <HI>Martin</HI>) would gladly make the <HI>Covenant an old Almanack,</HI> that they might be rid of that tie of <HI>pre&s;erving His Maje&s;ties Per&s;on and Authority, in the pre&s;ervation and defence of the true Religion and Liberties of the Kingdoms, that the world may bear witne&s;s with their con&s;ciences of their loyalties, and that they have no thoughts or intentions to dimini&s;h His Maje&s;ties ju&s;t Power and Greatne&s;&s;e.</HI></P>
<P>As the <HI>Hi&s;tory of Independency</HI> hath di&s;covered the practices of the <HI>Independent Junto,</HI> &s;o this <HI>Appendix</HI> will di&s;cover their chief <HI>Confederate</HI> in <HI>Scotland,</HI> namely the Marque&s;s of <HI>Argyle;</HI> who&s;e dealing with his Kindred, Friends, and Confederates mentioned in the following di&s;cour&s;e, will be a warning to all religious Pro|te&s;tants, how they tru&s;t &s;uch an Apo&s;tate Covenanter, who&s;e am|bition
<PB N="3" REF="94"> and avarice hath ruined the KING, Church and State, or three flouri&s;hing Kingdoms. Although it may &s;eem a paradox to many, I dare boldly aver, that <HI>Argile</HI> and his Faction in <HI>Scot|land,</HI> have been, and are the chief Malignants, Incendiaries, and evil In&s;truments, who have been the Ruiners of the&s;e three flouri|&s;hing Kingdoms, and the Authors of the blood &s;hed in all of them, as I hope by this following Di&s;cour&s;e will be made appear to eve|ry impartial and unprejudicate Reader, who hath, or may have the certain knowledge of every particular when time &s;hall &s;erve. This <HI>Argile</HI>'s Father, after the Marriage of his <HI>Engli&s;h</HI> Lady, ha|ving turned <HI>Roman</HI> Catholique, and this his only Son by his fir&s;t Lady being carefully educated by the Earl of <HI>Morton,</HI> by who&s;e means he obtained the po&s;&s;e&s;&s;ion of his Fathers whole E&s;tate for a &s;mall Pen&s;ion, and by His Maje&s;ties &s;pecial favour (for out-quitting his pretended Title of <HI>Ju&s;tice General (of the Kingdom of Scotland)</HI> did obtain an Heritable Ju&s;ticiary of <HI>Argile, Lorn, Kintyre,</HI> and many of the We&s;tern I&s;les; which power he did execute with that cruelty, that he di&s;gu&s;ted all the I&s;landers, and Highlands of <HI>Scotland,</HI> who were never &s;o tyrannized over by any of their Kings, till his Fathers death (&s;till fearing his return) he kept him&s;elf &s;omewhat moderate for the engaging for the Cove|nant, or keeping company &s;ometimes with tho&s;e that were a|gain&s;t it; but his Father being dead, finding him&s;elf idolized by tho&s;e who had taken the managing of all affairs into their hands, and that by his power and policy he could prevail with them in any thing, to indear him&s;elf the more to that party, he did &s;eem exceeding zealous for the Covenant, and pretending great fears from <HI>Ireland,</HI> (which the then Lord Deputy <HI>Strafford</HI> his Great|ne&s;&s;e, and known aver&s;ene&s;&s;e from the Covenant, did make the more ea&s;ily to be beleeved) whereas the true cau&s;e of his fears was for the lo&s;s of <HI>Kintyre,</HI> (whereof he co&s;ened his Brother long before his death) <HI>I&s;la,</HI> and divers con&s;iderable I&s;les which were and ought to be the po&s;&s;e&s;&s;ions of the <HI>Mackdonalds,</HI> and his in|di&s;creet provoking of <HI>Strafford,</HI> who in revenge of him did u&s;e very hardly all the <HI>Scots</HI> in <HI>Ireland</HI> who would not renounce the National Covenant of <HI>Scotland:</HI> he di&s;-arming them, did Arm and Train many <HI>Iri&s;h,</HI> who (after his Head was off) &s;hed &s;o much bloud in <HI>Ireland,</HI> and upon pretence of divers of the <HI>Mackdo|nalds (Argile</HI>'s own Tenants for the time) were acce&s;&s;ary to the
<PB N="4" REF="95"> Plot, fearing his Judiciary power where he was both Judge and Party, they were inforced to flie to <HI>Ireland</HI> till their peace &s;hould be made; to prevent which, he &s;ent their Wives and Children after them, took po&s;&s;e&s;&s;ion of all their moveables, and placed o|ther Tenants in their Room; but being grieved that <HI>Culkettough</HI> and his Sons, who had goodly Po&s;&s;e&s;&s;ions, were not gone with the re&s;t, he cau&s;ed cite them before the Council, as acce&s;&s;ary to an Inva&s;ion to be made by <HI>Antrum</HI> and &s;ome of their friends; which citation (as legal men and not guilty in the lea&s;t) they did obey, and after &s;ome dayes &s;tay in <HI>Edinburgh</HI> (taking their walk daily before <HI>Argile</HI>'s door) they did humbly intreat his Secretary to plead for them, that they might have a &s;peedy hearing, &s;ince they were weary of their attendance; which the Secretary ac|quanting the Lord <HI>Argile,</HI> returned them this An&s;wer, That &s;ince they had te&s;tifyed their obedience by their appearance, they might go home and he have them&s;elves civilly, not medling with their Rebellious friends, (as he was plea&s;ed to term them) and be ready upon any new citation, they &s;hould be excu&s;ed for that time: they did humbly thank his Lord&s;hip, and his Secretary, for this courte&s;ie, and did pre&s;ently depart from <HI>Edinburgh</HI> towards their home; whereof my Lord (by his Spies upon them) having notice, did immediately convene the Council, and whereas in many dayes before (during their &s;tay in Town) they could not be heard, that day they were fir&s;t Called, and upon their not An&s;wering, my Lord aggravating their Accu&s;ation by their departure, occa&s;ioned by his own and his Secretaries contriving, procures a Warrant to make them pri&s;oners till they &s;hould be Tried, and to &s;eize upon their E&s;tates; which out of his zeal to the Covenant (God knows) he did carefully perform, and made <HI>Culkettough</HI> and his two Sons Pri&s;oners before they were half way at home; which <HI>Alexander Macdonald</HI> (afterwards Sir <HI>Alexan|der Macdonald</HI>) being fled to <HI>Ireland</HI> (having no valuable po&s;|&s;e&s;&s;ion to look to at home) did a&s;&s;ociate him&s;elf with the <HI>Iri&s;h</HI> in the beginning of their Rebellion; but &s;o &s;oon as the <HI>Scots</HI> Army came over, he did apply him&s;elf to them, a&s;&s;uring them that he would do them faithfull &s;ervice again&s;t the <HI>Iri&s;h Rebels,</HI> if they would relea&s;e his old Father and his two Brethren, unju&s;tly de|tained pri&s;oners, or bring them to Legal Trial, whereof having a&s;&s;urance given him, he brought with him two hundred gallant
<PB N="5" REF="95"> men of his friends, and did more execution upon the <HI>Iri&s;h</HI> than half of the <HI>Scots</HI> Army, their hor&s;e being not able to follow through Bogs, and their Foot not &s;o &s;wift as the <HI>Iri&s;h,</HI> and did in one morning bring in &s;ix or &s;even thou&s;and Cowes to the <HI>Scots</HI> Camp (the like booty they did never take at any one time before or &s;ince) for which good &s;ervice, the General did of new in|gage for his Father and Brethrens relea&s;ment; but when the Committee of E&s;tates had con&s;ented, <HI>Argile</HI> did rever&s;e all, and fru&s;trate the Generals promi&s;e: which <HI>Alexander Macdonald</HI> perceiving, &s;aid no more (but well) I will yet cau&s;e my faithful &s;ervice procure my Fathers inlargement, and did continue without pay, or hope of pay, &s;aving a very &s;pare allowance of quarters, until <HI>Argile</HI> &s;ent over and cau&s;ed him to be di&s;charged of all quarters, to the grief of all the <HI>Scots</HI> Officers, who did wel know what faithful &s;ervice he had done, and was able to do them: &s;o that meer nece&s;&s;ity did inforce him to make his peace with the <HI>Iri&s;h,</HI> by who&s;e help he did come over into <HI>Scotland,</HI> meerly to be revenged on <HI>Argile,</HI> and to relieve his Father, hoping the E|&s;tates of <HI>Scotland</HI> would not blame him for &s;uing the performance of what their General had promi&s;ed unto him, intending no more til <HI>Montro&s;&s;e</HI> out of his de&s;ire to be revenged on <HI>Argile</HI> did en|force <HI>Alexander Macdonald</HI> to joyn his Maje&s;ties Intere&s;t, as <HI>Montro&s;&s;e</HI> pretended, with the &s;aid <HI>Macdonald,</HI> hoping he would find (as indeed he did) a great many di&s;contented per&s;ons to joyn with them, all which, or the mo&s;t con&s;iderable, were parties and per&s;ons wronged, oppre&s;&s;ed, and ruined by <HI>Argile,</HI> as chiefly (be&s;ides the forementioned I&s;landers and the&s;e <HI>Highlands</HI> that were under his la&s;h) the <HI>Atholl</HI> men twice or thrice plundered by him; <HI>Montro&s;&s;e</HI> him&s;elf provoked by many wel-known in|juries, which no Noble heart could endure, as the death of Mr. <HI>James Stewart</HI> who was no Traitor either to King or Country &s;ave only to <HI>Argile.</HI> The Earl of <HI>Airly</HI> having his e&s;tate plundered, and his Hou&s;e thrown down in revenge of an antient quarrel among&s;t their Predece&s;&s;ors, for the Earl of <HI>Airly</HI> having &s;ome Lands in the Bray of <HI>Angus,</HI> out of which <HI>Argile's</HI> men did many times drive Heards of Cattle, Sheep, and other Bea&s;ts, for which the Lord <HI>Ogilbee</HI> could have no remedy, the&s;e Thieves being pro|tected by the Earl of <HI>Argile,</HI> by advice of his Lawyers he did Charge the Earl of <HI>Argile,</HI> that he &s;hould find &s;urety not to
<PB N="6" REF="96"> maintain or protect &s;uch Out-lawes; but before he could obtain the &s;ame, he was obliged (according to the cu&s;tome of <HI>Scotland</HI>) to give his Oath, he did fear bodily harm from <HI>Argile,</HI> which he was unwilling to do; alleging, it were only a Bea&s;tly harm that he did fear, for if he would not protect tho&s;e that did &s;teal his poor mens Bea&s;ts, he was nothing afraid of his body. This tart An&s;wer, after an age mu&s;t (under colour of &s;ervice to the State) be &s;o revenged.</P>
<P>The <HI>Gourdons,</HI> divers of whom he betrayed under tru&s;t, and un|der pretence of &s;ecuring his Neces Portions that he was ingaged for, po&s;&s;e&s;&s;ing him&s;elf of <HI>Badinoch</HI> and <HI>Lochabar,</HI> and plundring friends and foes indifferently in his marches too and fro, and the inexhau&s;tible trea&s;ure of the <HI>Scots</HI> Exchequer mu&s;t allow him ele|ven or twelve thou&s;and pound &s;terling for every Voyage; whereas his Breechle&s;&s;e Souldiery were well content with their Beef and Bannocks, and &s;uch convenient plunder as the Country could afford: the&s;e (as I conceive) were the mo&s;t con&s;iderable Forces <HI>Montro&s;&s;e</HI> ever had, unle&s;&s;e &s;ome that were through fear, compelled to yield for the time, &s;o that the bloud-&s;hed in <HI>Scot|land</HI> by <HI>Montro&s;&s;e</HI> and <HI>Macdonald</HI> do properly fall upon <HI>Argiles</HI> &s;core, no other under Heaven having occa&s;ioned both their out-breakings, and all their partakers, who did &s;ee no other way to be revenged on him (that had made him&s;elf Ma&s;ter of all the E&s;tate, having made <HI>Argile's</HI> quarrel their own) than by heaving at all un|der the &s;pecious pretext of the Kings intere&s;t: which if God in mer|cy had not prevented, they had almo&s;t effectuate through <HI>Argile's</HI> mi&s;government; wherein it is to be remarked, that when he was o|verthrown by <HI>Montro&s;&s;e</HI> in <HI>Lochaber</HI> the &s;econd of <HI>February,</HI> 1645. many of his friends being killed, and others taken, he who would not relea&s;e <HI>Culkettough</HI> for his Sons good &s;ervice, nor the Generals ingagement, or the Committee of E&s;tates de|&s;ire (you mu&s;t not &s;peak of Command) for Ma&s;ter <HI>James Hamil|ton,</HI> a faithful Mini&s;ter of the Go&s;pel, who found more kindne&s;&s;e from <HI>Culkettough</HI> than from this Canibal Covenanter, is now content to relea&s;e all to get a poor Company of his Country-men, leaving the Godly Mini&s;ter in cruel bondage, whom <HI>Culkettough</HI> did relea&s;e upon his Paroll and promi&s;e to &s;end him a Boy that was forgot behind.</P>
<P>This religious Covenanter, out of his pious care for the educa|tion
<PB N="7" REF="96"> of his Si&s;ter, in the true Religion as he pretended, did by His Maje&s;ties &s;pecial favour overthrow the la&s;t will and Te&s;ta|ment of his Mother-in-law, by getting him&s;elf made Admini&s;tra|tor in the room of him who was nominated therein, whereby he got the Gentlewoman his Si&s;ters whole patrimony into his hands; but before he could prevail in this, his Maje&s;ty did take &s;pecial care that &s;ufficient Surety &s;hould be given that the Will of the Dead &s;hould be truly performed by payment of their re|&s;pective portions when they were Married, and &s;ufficient main|tenance until they were Married: the Elder who&s;e Portion was Five thou&s;and pound &s;terling, is pre&s;ently &s;ent for, and one thou|&s;and pound or thereby given to a Gentleman for his &s;econd Wife, the re&s;t (there being a clau&s;e, <HI>that if any of them &s;hould en|ter into Nunneries, they &s;hould only have</HI> 300 l. <HI>&s;terling for all</HI>) be|ing kept &s;o &s;carce of their due maintenance (the Gentleman who was &s;urety, having advanced of his own above 1000 l. whereof he is not as yet repaid) were &s;educed to go to Mona&s;teries all &s;ave one, who is now ready to enter through his neglect; &s;o this 12000 l. of his Si&s;ters Portions (with the ruine of their Souls to boot) is a part of <HI>Argile's</HI> wel-made purcha&s;e.</P>
<P>The great care taken by the Earl of <HI>Morton</HI> for <HI>Argile's</HI> edu|cation and pre&s;ervation both of his life from the crafty de&s;igns of a Step-mother, and recovery of his almo&s;t ruined E&s;tate, was &s;o wel requited, that (notwith&s;tanding he hath the Earl of <HI>Morton's</HI> Daughter in his bed) in open Parliament he &s;pake what became him not both of that noble Lords Per&s;on and E&s;tate (only, as he pretended, out of his zeal to the welfare of the Kingdom) whereas the truth is, it was meerly out of his ambiti|on to have that Honourable place conferred upon him&s;elf, which was intended by his Maje&s;ty upon that noble Lord; but finding His Maje&s;ty not inclinable that way, the next a&s;&s;ault was, for one of his own name, a man truly wel-de&s;erving (for to &s;ay, better de&s;erving than him&s;elf, is no great prai&s;e) and if, his two much favouring of him do not &s;tain his reputation, worthy to be beloved.</P>
<P>Thus having &s;hortly viewed <HI>Argile's</HI> religious carriage to|wards his Va&s;&s;als and Tenants, Parents, Friends, and Allyes, Bro|ther and Si&s;ters, Neighbours and fellow-Patriots, let us take a &s;hort view of his Loyal carriage towards his Soveraign, and his
<PB N="8" REF="97"> due ob&s;ervation of the Solemn League and Covenant with his covenanted Brethren of <HI>England,</HI> and then let the impartial Reader judge whether he be not &s;uch as is affirmed in the propo&s;ition, the greate&s;t incendiary in the three Kingdoms.</P>
<P>It cannot be denied, but His Maie&s;ty (as is mentioned before) did confer many great and Princely favours upon him at the Earl of <HI>Morton's</HI> de&s;ire when he was Lord of <HI>Lorn,</HI> &s;uch whereof as re|quired confirmation were approved and ratified in Parliament, His Maje&s;ty being pre&s;ent, <HI>anno</HI> 1641. with the addition of the honour and title of Marque&s;&s;e, and a full Pen&s;ion well paid ever &s;ince whoever want, together with (not only an <HI>act of oblivion,</HI> but) an approbation of all his tyrannical proceedings again&s;t the <HI>Athol</HI> men, the Earl of <HI>Airely,</HI> and others, though not particular|ly mentioned, yet as done in obedience of Orders from the Com|mittee of E&s;tates (obtained by his own procurement) therefore to be no further que&s;tioned.</P>
<P>The fir&s;t endeavour in requital of the&s;e and many other Royal favours was the entring in con&s;piracy with certain his Confe|derates (whom I forbear to name) to transform the Kingdom of <HI>Scotland</HI> into a Free State like the E&s;tates of <HI>Holland,</HI> and be|cau&s;e &s;ome truly noble Lords did abhor &s;uch a di&s;loyal motion (after &s;o many Acts of favour, witne&s;&s;ing to all Po&s;terity his Royal bounty both to Church and State, whereof the&s;e chief Con&s;pirators ta&s;ted not a little) he did at that time forbear not &s;o much to pro&s;ecute his de&s;ign, as to conceal their Coun&s;el from all the&s;e that had thoughts of Loyalty, though mo&s;t faith|full to the true Religion and their Countrey, according to the Covenant. The <HI>Iri&s;h Rebellion</HI> breaking out, fearing his own &s;take if <HI>Antrim</HI> &s;hould grow &s;trong, he procured one Regiment for him&s;elf, another for his Cozen <HI>Lawers,</HI> a third with the place of <HI>L. General</HI> for that mo&s;t ungrate Gentleman the Earl of <HI>Lo|thian</HI> (who was married to his Neece and one of his Confidents, who was once heard &s;ay, <HI>That the</HI> 3 <HI>Kingdoms would never have peace &s;o long as King</HI> CHARLES <HI>his Head was on his &s;houl|ders:</HI> and yet it is only King CHARLES his favour that hath made him and his Father exceed the e&s;tate of Gentlemen) with many other places to divers of their friends, intending a ful Con|que&s;t of <HI>Ireland</HI> (at lea&s;t) to bani&s;h <HI>Antrim</HI> and the <HI>Mackdonalds</HI> from thence, as he and his Predece&s;&s;ors had done many of them
<PB N="9" REF="97"> out of <HI>Scotland,</HI> taking a gift from the Parliament of <HI>England</HI> of &s;ome of the Earl of <HI>Antrims</HI> Lands in <HI>Ireland,</HI> e&s;pecially the I&s;land of <HI>Rachera;</HI> to the which, one of the forementioned Re|giments was &s;ent, and kept there a long time, &s;o that all the three Kingdomes mu&s;t be at the charge to maintain Armies and Gar|ri&s;ons for enlarging the Dominions of <HI>Argile.</HI> His next project, having begun his Confederacy in <HI>England,</HI> by &s;hewing them the wayes to get money by Taxes and Exci&s;e, 10. and 20. part, bring|ing in of Plate, voluntary Contributions, borrowing on the Pub|lique Faith, tyrannizing over the Per&s;ons and E&s;tates of all that dur&s;t be &s;o bold as &s;peak again&s;t the Illegal Orders, and all this Money in both Kingdoms to be employed again&s;t His Maje&s;tie, whom their renewed Covenant did oblige them to defend, ha|ving good opportunity to traffique betwixt under the pretence of Commi&s;&s;ioners for the Kingdom of <HI>Scotland,</HI> the re&s;t for the mo&s;t part either his Creatures or Confidents; &s;o that he ruled all the Council at home and abroad, &s;ending <HI>Lothian</HI> to <HI>France</HI> to have them brought in a <HI>Confederacy,</HI> abu&s;ing his Maje&s;ty by pro|curing His Commi&s;&s;ion for Treating concerning the keeping and pre&s;ervation of that ancient League betwixt <HI>France</HI> and <HI>Scotland</HI> (begun in <HI>Charls the Great</HI>'s <HI>time,</HI> with <HI>Achaius</HI> King of <HI>Scot|land</HI>) but the effect of the Treaty was to bring money to <HI>Argile,</HI> who, at that time when the Kingdom &s;tood in much need of <HI>men,</HI> &s;old five thou&s;and to the <HI>French</HI> to be under his Brother, (from whom he had, as formerly the E&s;tate, &s;o now the Title of <HI>Kintyre,</HI> and he mu&s;t be Earl of <HI>Irwin,</HI> all the Intere&s;t he had there being by his <HI>quondam Tutor</HI> (now Slave) <HI>Barcley,</HI> his being &s;ometime Provo&s;t thereof) and the Chancellors Brother <HI>Lundie &s;ur France</HI> and <HI>Irwin</HI> had bad penny worths, although <HI>Argile</HI> made a good market for the Men, like Money tru&s;ted in a Jugle<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">s hand, were gone with a puff: thus you &s;ee how much both KING and Kingdome were obliged to him in this particular. But to come to the main point of the Con&s;piracy, finding <HI>Scotland</HI> (although he had all the power of the Per&s;ons and E&s;tates in his hand) not pliable as yet to ca&s;t off Monarchy, and imbrace Ari&s;tocracy, of whom (as affairs &s;tood) none could be the chief Ruler but him|&s;elf, he did imploy the Zealots of the Clergy to a&s;per&s;e tho&s;e who did oppo&s;e him (e&s;pecially &s;ome mo&s;t faithfull and religious Noble men) as if they were fallen from their fir&s;t love, turn, ene|mies
<PB N="10" REF="98"> to the cau&s;e of Chri&s;t, had with <HI>Demas</HI> imbraced this pre|&s;ent world, and that <HI>Argile</HI> was the only man that &s;tood in the gap; threatning out of their Pulpits all &s;uch as would think or &s;peak evil of him; but when the State-juglers with their Cler|gy-Impo&s;tors, could neither &s;hake the Loyalty of the one, who were really for the Covenant and Monarchical Government, nor pla&s;ter over the many fraudulent cheats of the Argathelian party, now become a mo&s;t odious and heavy burthen to the Kingdome, hara&s;ed and ruined from the one end to the other by him and his Armies on the one part, and <HI>Montro&s;&s;e</HI> and his Confederates on the other part, (<HI>Argile,</HI> of the two, being the Kingdoms mo&s;t cruel Enemy) was &s;imulat humiliation, having the Church-men &s;till his friends, did reconcile him&s;elf to the other noble and loyall Patriots, by &s;uffering them to take &s;ome &s;hare of the Govern|ment, that the (by him) di&s;-joynted State might by them be &s;et in a right frame again, with a re&s;olution, when all things were right, to u&s;urp his wonted Authority, and follow his old trade of De|throning His Maje&s;ty, and cantonizing the Kingdom; but things falling out &s;o, that one day at <HI>Nazeby,</HI> quelling the KINGS party in <HI>England;</HI> and one day at <HI>Philip&s;haugh,</HI> almo&s;t quieting <HI>Scotland;</HI> finding the Presbyterians in <HI>England</HI> inclinable to peace, and de&s;irous of his Maje&s;ties re-e&s;tabli&s;hment according to the Covenant, he leaves them, and joyns Coun&s;ell with <HI>Say, Perpoint, Cromwel,</HI> and others of the Independent Junto, doing them that Ma&s;ter<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">iece of good &s;ervice, Fir&s;t, under colour of Loyalty and friend&s;hip to prevail with His Maje&s;ty to return to the <HI>Scots Army</HI> then at <HI>Newark, Cromwell</HI> contributing a Pa&s;&s;e to <HI>Hud&s;on</HI> and <HI>A&s;hburnham</HI> with a &s;lack Guard, that His Maje&s;ty might the more freely e&s;cape. Secondly, after many learned and loyal Speeches <HI>for Monarchy,</HI> the Kingdom of <HI>Scotlands</HI> intere&s;t in the per&s;on of the KING, and many Vows and Prote&s;tations both in private and publick, not to abandon His Maje&s;ty with|out his own con&s;ent, contrary to all which, he and his Party did overthrow the Loyalty of That once famous Gentleman, Lieuten. General <HI>David Le&s;lie</HI> (who had deeply &s;worn, and ingaged him&s;elf to His Maje&s;ty, to convoy him &s;afely into <HI>Scotland,</HI> or then to &s;ee His Maje&s;ty peaceably &s;etled in his Throne in <HI>England</HI>) forcing him, and he per&s;wading and prevailing with the Souldiers to march away, leaving his Maje&s;ty behind little better than (but
<PB N="11" REF="98"> now an a&s;&s;ured) Pri&s;oner, and the whole power of the Sword in the hands of the Independents and Sectaries, to the ruine and o|verthrow of their Presbyterian friends in the City and Parliament, as the <HI>Hi&s;tory of Independency</HI> doth Witne&s;s, encouraging the Independent Party (by their Letters) to proceed in their dethro|ning Votes, and accu&s;ation of his Maje&s;ty, a&s;&s;uring them that no party from <HI>Scotland</HI> &s;hall be able to hinder them in their pro|ceedings; but finding the body of the Parliament, and the King|dom of <HI>Scotland</HI> to be &s;en&s;ible of the ruine of Religion and Mo|narchical Government if the Sectaries prevaile, and their re&s;olu|tion to adhere to their Covenant, and re-e&s;tabli&s;hing his Maje&s;ty, being in fear their party &s;hall not be able any longer to delude the Kingdom, or hinder the Army de&s;igned to come in for the vindication of the many breaches of the Solemn League and Co|venant, and the &s;everal Treaties betwixt the Kingdoms, they have &s;olicited the Armies of Sectaries to come to their a&s;&s;i&s;tance, &s;ome of their Mini&s;ters profe&s;&s;ing in their Letters <HI>They have no hope of &s;afety, unle&s;s it be by means of this</HI> (rebellious) <HI>Army now in England,</HI> thereby endeavouring to make <HI>Scotland</HI> the &s;eat of War.</P>
<P>And if the&s;e troubles in <HI>Wales,</HI> and cutting Petitions from <HI>E&s;|&s;ex, Kent, Surry,</HI> and <HI>Su&s;&s;ex,</HI> had not hindered them, their re&s;o|lution was to have &s;ent <HI>Cromwel</HI> thither, it being debated before he went to <HI>Wales,</HI> which of the two he &s;hould take in hand; but the con&s;tant a&s;&s;urance they had from <HI>Argile,</HI> and tho&s;e accur&s;ed Clergy-men that were bribed by <HI>Stephen Mar&s;hal, That there was no fear of danger from</HI> Scotland <HI>in ha&s;t,</HI> made them ha&s;ten to fini&s;h the en&s;laving of <HI>England</HI> and <HI>Wales,</HI> and then they re&s;olve to conquer <HI>Scotland;</HI> which they conceive may be quickly done, having <HI>Argile</HI> and his Faction &s;o firm to them, that although he would, neither he nor his Partners dare revolt from them, having received &s;o much of their money, le&s;t they &s;hould reveal more than he de&s;ires &s;hould be known; and as the Independents &s;ent their Emi&s;&s;aries through all Counties and Corporations to get hands to Petitions <HI>for thanks to the Hou&s;e for their dethroning Votes,</HI> &s;o <HI>Argile</HI> and <HI>Mar&s;hal</HI>'s Hirelings have been very active to get hands to Petitions in many Shires, Corporations, and Provin|cial A&s;&s;emblies, for <HI>hindering the engagement again&s;t the</HI> rebelli|ous <HI>Army of Sectaries, and the Independent Junto their Confe|derates:</HI>
<PB N="12" REF="99"> whereas there is no intention again&s;t the Parliament, or Body of <HI>England;</HI> but <HI>to comply with all religious hone&s;t hearted and loyal Subjects, who de&s;ire that His Maje&s;ty may be enlarged and brought to a Per&s;onal Treatie, whereby Peace and Truth may be &s;etled in the three Kingdoms;</HI> their chief pretences being, <HI>that Re|ligion is not &s;ecured:</HI> the Religion now e&s;tabli&s;hed in <HI>Scotland</HI> was by Act of Parliament (His Maje&s;ty pre&s;ent) &s;o well &s;ecured as the mo&s;t religious Church-men, and mo&s;t skilfull Lawyers could devi&s;e; if you have got <HI>New Lights,</HI> and de&s;ire any other Reli|gion to be e&s;tabli&s;hed, vindicate His Maje&s;ties Honour, and put up your Petitions to Him in an orderly way, and He may po&s;&s;ibly vindicate you from the Yoke of Slavery which &s;ome of your ty|rannizing Clergy de&s;ire to put upon you; The next is a wonderfull increa&s;e of your fears by the great <HI>Tru&s;ts</HI> put upon &s;uch per&s;ons, of whom you have ju&s;t cau&s;e of jealou&s;ie to this Kingdom, and the Cau&s;e of God; though you do not &s;peak plain, your Pam|phletters do, and your Pulpit Incendiaries to &s;ome purpo&s;e; you mean Duke <HI>Hamilton</HI> now General of the Forces, de&s; gned by the Kingdom and Parliament of <HI>Scotland for vindicating the Ho|nour of the Nation, and revenging His Maje&s;ties Captivity upon that perfidious rebellious Army of Sectaries, and their adherents:</HI> what he did before the &s;ub&s;cribing of the Covenant ought not to be objected, (his moderation even then de&s;erving the honour and love of his Country) and &s;ince his &s;ub&s;cribing, malice it &s;elf cannot tax him that he hath done any thing contrary to his Cove|nant or his Country; what <HI>Montro&s;&s;e</HI> doth a&s;per&s;e him with, that <HI>he hindred his intended inva&s;ion of</HI> Scotland, and &s;o con&s;equently His Maje&s;ties Service; none of tho&s;e who &s;tand for the Covenant who did think <HI>Montro&s;&s;e</HI> an enemy to the Covenant, and to his Country, ought to object this to my Lord Duke, who&s;e tender care of the &s;afety and welfare of his Country may evidently ap|pear even in the relation of one of his mo&s;t deadly enemies; and whereas his good advice for moderation was mi&s;con&s;trued by <HI>Ar|gile</HI> and his prevailing Faction on the one &s;ide, as if he had done things contrary to the Covenant; and by <HI>Montro&s;&s;e</HI> and his Con|federates at Court on the other &s;ide, as if he had connived or been acce&s;&s;ary to tho&s;e violent cour&s;es again&s;t his Maje&s;ty, which (God knows) he was not able at that time to hinder; his intenti|ons being <HI>&s;till for Peace,</HI> and &s;uch a Peace as might con&s;i&s;t with
<PB N="13" REF="99"> the <HI>&s;afety of Religion,</HI> and <HI>His Maje&s;ties honour;</HI> whereof he was very hopeful, being confident of His Maje&s;ties propen&s;ne&s;&s;e to Peace, and the intere&s;t he had in His Maje&s;ties favour: but the watchfull malice of his enemies, and the enemies of Peace, did cunningly prevent his going about &s;o good a work, making him Pri&s;oner without His Maje&s;ties knowledg, hindring by all means <HI>a meeting betwixt them,</HI> knowing that his Maje&s;ties ju&s;tice, and the Dukes innocency, would quickly make their calumnies to va|ni&s;h: what a &s;ad impri&s;onment did he indure, much heightned by the then impo&s;&s;ibility of clearing his innocency to his Sove|reign (the lo&s;&s;e of who&s;e favour would be more bitter than a thou&s;and deaths) and his real intentions for the good of his Country, for who&s;e cau&s;e he hazarded and &s;uffered &s;o much mi|&s;ery and impri&s;onment? Yet this noble Dukes implacable and malicious enemies do further a&s;per&s;e him as a man of no Religi|on, a meer Polititian, and one that &s;eeketh the ruine of his So|veraign, by the a&s;piring to the Crown of <HI>Scotland:</HI> It would trouble the be&s;t Politicians, and the mo&s;t Religious upon earth, in the&s;e di&s;tracting and di&s;tracted times, to di&s;tingui&s;h rightly be|twixt <HI>the duty we owe to Religion,</HI> and <HI>the duty we owe to our Prince,</HI> &s;uppo&s;ing them enemies; but the fal&s;ity of this &s;uppo&s;ition, (which hath mi&s;led many thou&s;ands, and been the ground of all our mi&s;eries) being evident to the Duke, who had the honor to be educated and intimate with his Maje&s;ty from his youth, know|ing his Maje&s;ty to be a <HI>lover and honourer of the true Prote&s;tant Religion, a lover of ju&s;tice and mercy, and a practi&s;er of all Chri&s;tian and moral virtues, and with a mo&s;t munificent hand a royal Bene|factor to him&s;elf and his Family.</HI> It may be asked, if it had been either piety or policy in the Duke to have kick'd off &s;o loving and &s;o liberal a Lord and Ma&s;ter, (although he had not been his Soveraign) or to have ingaged again&s;t his Country with any Party that for their own ends more than the good of their Sove|raigns, were di&s;turbers of all moderate Coun&s;els, &s;o long as he had any hopes of Peace; e&s;pecially &s;eeing &s;o many &s;ad pre&s;idents in both Kingdoms, where many powerfull Subjects, lovers of the true Prote&s;tant Religion, not joyning prudence with their loyalty and innocence, have cru&s;h'd them under the Load, and no|thing ea&s;eth His Maje&s;ties burthen, but rather increa&s;eth the &s;ame; all their wealth and power being now made in&s;trumental to en|&s;lave
<PB N="14" REF="100"> both KING and Kingdoms: the Duke's prudence having vindicated him from the ruine intended again&s;t him by his ene|mies, and re&s;erved him (through Gods ble&s;&s;ing) to vindicate his Loyalty by re-enthroning his Maje&s;ty &s;o &s;oon as God hath ena|bled him with any power to do it. As for his Religion, it is known he is neither Popi&s;hly affected, nor a Sectary; but who hath ever been a profe&s;&s;or of the true Prote&s;tant Religion, a lo|ver and Patron of all Godly men and hone&s;t Mini&s;ters, even in the time of <HI>Epi&s;copacy,</HI> when few or none but him&s;elf dur&s;t appear for them; if his judgement had not been over&s;wayed in &s;ome Star-Chamber &s;entences before he had that wi&s;dom and experience which he now hath, and long before he did take the Covenant; if he had been ambitious of popular applau&s;e, he had been more re|nown'd for his Religion, than for his Princes royall bounty; but wi&s;hing rather to be religious, than &s;eem &s;o, his favours were gi|ven in &s;ecret to many godly Mini&s;ters, and his Maje&s;ties honour and good chiefly aimed at in the be&s;towing of them: and that you may take a &s;hort view of his proceedings, as you have done of <HI>Argile's,</HI> by comparing them, you will find who doth de&s;erve the Title of <HI>the mo&s;t Religious.</HI></P>
<P>Duke <HI>Hamilton</HI> &s;uffered his worthy Mother to enjoy, be&s;ides her own Joynture, all his Estate, (whereby, indeed he lo&s;t nothing, &s;he improving it much to his ad|vantage) hath helpt his Brother to a great e&s;tate, with Titles and Places of Honour and profit, &s;uitable to his birth and worth; his Si&s;ters, and now &s;ome of his Neices matched in the Noble&s;t and be&s;t Families of the King|dom.</P>
<P N="1">1. Whereas <HI>Argile</HI> did in his Fathers life time bring him to a Pen&s;ion, outed his Brother of his E&s;tate, <HI>Kintyre,</HI> and ruined his Si&s;ters by cheating them of their portions, and &s;o enforcing them to go to Cloy&s;ters.</P>
<P>The Duke had no quarrel with any &s;ave <HI>Montro&s;&s;e;</HI> the ground you heard, for cro&s;&s;ing his first in|tention for <HI>the Inva&s;ion of</HI> Scot|land, to prevent the mi&s;ery and bloud&s;hed that he did fore&s;ee was like to follow.</P>
<P N="2">2. <HI>Argile,</HI> for private quar|rels betwixt him and <HI>Montro&s;&s;e, Culkettough,</HI> and the <HI>Athol</HI> men, the Earl of <HI>Airely,</HI> and other, hath drawn much mi&s;ery and bloud&s;hed upon the Kingdom, whom he enforced to e&s;pou&s;e his quarrels.</P>
<PB N="15" REF="100">
<P> The Duke had no &s;poyls nor gifts given him &s;ince ever he &s;ig|ned the Covenant (&s;ave the Title of D&V;KE) but hath been spoyled both him&s;elf and friends by tho&s;e that followed <HI>Montro&s;&s;e.</HI></P>
<P N="3">3. <HI>Argile</HI> had enrich'd his Country with the &s;poyls of the Kingdom, and him&s;elf with the great trea&s;ure be&s;towed on him both by <HI>Scotland</HI> and <HI>England,</HI> which is well &s;ecured without the reach of an Impeachment.</P>
<P>The Duke &s;tands firm to his Covenant for the e&s;tabli&s;hed reli|gion, loyal to his Prince for Mo|narchical Government, faithfull to his Country against all forein Inva&s;ion.</P>
<P N="4">4. <HI>Argile</HI> hath contrary to his Covenant, Duty and Allegi|ance, con&s;pired to extirpate Monarchical Government, to introduce forein forces of Secta|ries, to the utter overthrow of the e&s;tabli&s;hed Religion.</P>
<P>The Duke acts nothing but ac|cording to the Laws e&s;tabli&s;hed, according to the Covenant, and the duty of every good Subject.</P>
<P N="5">5. <HI>Argile</HI> hath overthrown all Laws, tyrannizing over the Lives, Liberties, and E&s;tates of the Subjects.</P>
<P>Duke <HI>Hamilton</HI> hath been of that temper to mediate for a wel-grounded Peace, his Maje&s;ties deliverance, and the Per&s;onal Treaty, being the only probable waies for &s;etling the three King|doms, and &s;etling the power where it ought to be for the Honour and &s;afety both of King and Subjects.</P>
<P N="6">6. <HI>Argile</HI> oppo&s;eth all wayes of the Peace, &amp; &s;ettlement of the three Kingdoms, His Maje&s;ties deliverance, and being brought to a Per&s;onal Treaty, le&s;t the power &s;hould be taken out of his and his Confederates hands whereby they oppre&s;s and ruine both King and Subject.</P>
<P>The Duke hath u&s;ed, and is u|&s;ing all endeavours to Vindicate the oppre&s;&s;ed Subjects in both Kingdoms, never changing Inte|re&s;ts, being alwaies faithfull to all tho&s;e to whom he did profe&s;s love and friend&s;hip.</P>
<P N="7">7. La&s;tly, <HI>Argile</HI> hath betray|ed his old friends the <HI>Presbyte|rian party</HI> in both Kingdoms, e|&s;pecially the <HI>Presbyterians</HI> in the Parliament of <HI>England</HI> and Ci|ty of <HI>London,</HI> not only &s;uffering them to be made a prey to their enemies, but ob&s;tructing their relief.</P>
<PB N="16" REF="101">
<P>Let the impartial Reader now judge which of the two is mo&s;t religious. As this oppo&s;ition betwixt Duke <HI>Hamilton</HI> and <HI>Ar|gile</HI> makes them both to appear what they are; &s;o this following Parallel betwixt the <HI>Argathelian Faction</HI> and the <HI>Independent Jun|to</HI> will &s;erve for an eye-&s;alve to cure the eye-&s;ight of both King|doms, and let them &s;ee clearly how near they are to the brink of an intolerable and perpetual &s;lavery.</P>
<P><HI>Argile</HI> and his Faction &s;tiled by the <HI>Independents, the Godly party in</HI> Scotland, <HI>the re&s;t all Malignants.</HI></P>
<P N="1">1. The Army of Sectaries in <HI>England</HI> (however formerly Preached and wrote again&s;t) now called by <HI>Argile's faction the hope of their &s;afety.</HI></P>
<P>The like in <HI>England</HI> by the Army of Sectaries and Indepen|dent Junto, above twenty millions &s;hared among&s;t them, whereof the Kingdom can never get accompt; all places of Honour and Tru&s;t of <HI>England</HI> &s;till in the hands of tho&s;e that are engaged for, and with the Army of Sectaries.</P>
<P N="2">2. The heavy Taxes impo&s;ed and continued upon <HI>Scotland</HI> by <HI>Argile</HI> and his Faction, and all the benefit thereof, and mo&s;t part of the monies got from <HI>England,</HI> &s;hared among&s;t them, and no &s;atisfactory accompt gi|ven to the Kingdom thereof.</P>
<P><HI>Cromwell</HI> and the army for the King in their fir&s;t ingage|ments; but having in&s;laved the City, inforced the Parliament to the dethroning Votes, and as not formerly acquainted therewith, gave thanks for them, and &s;ent their Emi&s;&s;aries to &s;ome &s;educed Counties and Corpo|rations to do the like.</P>
<P N="3">3. All places of Honour and tru&s;t u&s;urped by <HI>Argathelians</HI> (till of late) and the Army mo|delled to maintnin their Intere&s;t.</P>
<P N="4">4. <HI>Argile</HI> formerly (yet but &s;eemingly) for Monarchy, now really again&s;t it, and all that de&s;ire to a&s;&s;ert it.</P>
<P><HI>Cromwell</HI> contributes a Pa&s;&s;e to His Guides &s;lacking the guards, as he did the &s;econd time, when he frighted him with a Plot from <HI>Hampton-Court</HI> to the <HI>I&s;le of Wight,</HI> where he remains clo&s;e Pri&s;oner.</P>
<P N="5">5. That Faction fir&s;t betrays the King to come to the <HI>Scots</HI> Army, promi&s;ing protection, and then mo&s;t per&s;idiou&s;ly de|livered Him up to the mercy of His mo&s;t cruel Enemies.</P>
<PB N="17" REF="101">
<P>The blood &s;hed in <HI>England</HI> un|der colour of <HI>ju&s;tice</HI> in cold blood, calls aloud for vengeance; and the per&s;idious breaches of the Army of their promi&s;es to King, Par|liament and Country, is too too evident.</P>
<P N="6">6. <HI>Argile</HI> and his Faction have been mo&s;t cruel to tho&s;e they call their <HI>Enemies,</HI> e&s;pecially in cold bloud; and perfidious to their friends, de&s;erting and be|traying them.</P>
<P>What the in&s;olent Army did, comming with Bayes in their hats when they in&s;laved the Par|liament, and riding in triumph through the City, by who&s;e boun|ty they were made and maintai|ned an Army, will to their perpe|tual infamy be regi&s;tred to all po|&s;terity.</P>
<P N="7">7. <HI>Argile</HI> when he had done mi&s;chief, mu&s;t have both thanks and reward; and like a Con|querour, march through the Kingdom in triumph: a thing never granted among&s;t the no|ble Romans to triumph for a Victory in a Civil War.</P>
<P>The Army, and &s;ome others by their in&s;tigation, petition that the Kingdome may be &s;etled without the King, and that Army continued to e<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">&s;lave the King|dom, e&s;pecially the Presbyterian party, their Army being for Tole|ration.</P>
<P N="8">8. <HI>Argile's</HI> Faction petiti|ons, That the Army intended for His Maje&s;ties inlargement, and the relief of our Presbyte|rian Brethren &s;hall not come in.</P>
<P><HI>Cromwell</HI> was ready to com|ply, but got &s;ome other work for the time; and if God prevent it not, will now speedily be able to obey <HI>Argile's</HI> de&s;ires; but if that fail, <HI>Argile</HI> &s;hall have mo|ney, and &s;end <HI>David Le&s;ley</HI> to levy Forces abroad to work <HI>Ar|gile's</HI> ends.</P>
<P N="9">9. <HI>Argile</HI> and his Faction de&s;ires but five thou&s;and Hor&s;e to a&s;&s;i&s;t them to &s;ubdue <HI>Scot|land,</HI> which mu&s;t be turned a <HI>Province to the Kingdom of the Saints.</HI></P>
<P>Let this &s;erve for a Caveat to the mi&s;-led and deluded Prote|&s;tants of the three Kingdomes not to tru&s;t the <HI>fair promi&s;es or pretences of the&s;e &s;eeming Saints,</HI> who have made the <HI>&s;olemn League and Covenant,</HI> (intended for pre&s;ervation of <HI>Religion, His Maje|&s;ties Honour, and the ju&s;t Liberties of the Subject</HI>) to be the ruine of Religion, the di&s;honour (&s;o far as in them lieth) of His Maje&s;ty
<PB N="18" REF="102"> and the mo&s;t ab&s;olute en&s;laving of all free Subjects, not to Kings or Princes, to Great men or Good men, but to the very &s;cum and off-&s;couring of both Kingdoms; it being no<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> &s;mall grief to all that truly feared God, that &s;o many of the reputed hone&s;t Pre&s;|byterian party &s;hould (out of ba&s;e fear, or other by-re&s;pects) com|ply &s;o long with the&s;e Stare-Juglers, the Clergy being mo&s;t active, ha&s;tning thereby their own and the Kingdoms mi&s;ery; for they may be well a&s;&s;ured, if the&s;e Saints prevail, they mu&s;t (as &s;ome of them have done already) turn their Coats once more, and be|come the Hirelings, and tongue-tied <HI>Tenants at will</HI> to <HI>their Bre|thren of the Independency,</HI> or be kicked out of their <HI>fat Benefices,</HI> and po&s;&s;ibly out of the Kingdom to prevent new In&s;urrections a|gain&s;t them, which they are cunning to procure, having the power in their hand to repre&s;s all that dare appear again&s;t them may be ruined, others by their example terrified, and their Saints may en|joy the fatne&s;s of <HI>England;</HI> but I would ask the&s;e violent Clergy|men of the Presbyterian Party that are unwilling His Maje&s;ty &s;hould be brought &s;peedily to a <HI>Per&s;onal Treaty,</HI> what their <HI>A&s;&s;em|blies</HI> of <HI>Divines</HI> have been doing? for if that Confe&s;&s;ion of Faith &s;et out in <HI>England,</HI> approved of in <HI>Scotland,</HI> be agreeable to the truth of Gods word (as I know nothing to the contrary) why &s;hould the chief Magi&s;trate our dread Soveraign be any longer de|bard of his ju&s;t dues? is He wor&s;e than Infidel, that you will a&s;&s;i&s;t tho&s;e that deny His &s;acred Maje&s;ty that which they allow to Infi|del Magi&s;trates? blu&s;h for &s;hame, and repent in time, le&s;t as they change their Votes every day, according as the tide of their power ebbs and flows; &s;o they may &s;oon force you to repeal that Article concerning the chief Magi&s;trate, or (like the glo&s;s of <HI>Orleans</HI>) put an expo&s;ition upon it which de&s;troyeth the text. <HI>God &s;end us peace and truth, and pre&s;erve His &s;acred Maje&s;ty, and his Po&s;terity, and confound the wicked coun&s;els of all &s;uch as are enemies to Peace, Truth, and Monarchy.</HI></P>
<EPIGRAPH>
<Q LANG="lat"><L>&mdash;Si quid novi&s;tirectius i&s;tis,</L>
<L>Candidus imperti; Si non, his utere mecum.</L></Q>
</EPIGRAPH>
</DIV1>
<TRAILER>THE END.</TRAILER>
</BODY>
</TEXT>
<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="102" MS="y">
<P><HI>ANARCHIA ANGLICANA</HI> OR, THE HISTORY OF Independency.</P>
<P>THE SECOND PART.</P>
<P>BEING A Continuation of <HI>Relations</HI> and <HI>Ob&s;er|vations</HI> Hi&s;toricall and Politique upon this pre&s;ent PARLIAMENT, Begun <HI>Anno</HI> 16. CAROLI PRIMI.</P>
<P>By <HI>THEODORUS VERAX.</HI></P>
<Q LANG="lat"><BIBL><HI>PSAL. 8.8.</HI></BIBL>
<P>Virum &s;anguinum &amp; dolo&s;um abominabitur Dominus.</P></Q>
<P>Printed in the Year, M.DC.XL, IX.</P>
</DIV1>
<DIV1 TYPE="declaration of grievances">
<PB REF="103">
<PB REF="103">
<HEAD>THE PROTESTATION AND DECLARATION.</HEAD>
<P><HI>THe premi&s;es con&s;idered,</HI> I do hereby in the name and behalf of my &s;elfe, and of all the Free People of <HI>England,</HI> Declare and prote&s;t, That the Generall, Councel of Warre, and officers of the Army, by their &s;aid violent and trea&s;onable force upon the farre major, more hone&s;t and moderate part of the Hou&s;e of Commons (being above <HI>250.</HI>) and leaving only <HI>50.</HI> or <HI>60.</HI> Schi&s;maticks of their own engaged party, &s;itting and voting under their Command, and almo&s;t all of them &s;uch as have and do make a prey of the Commonwealth, to enrich them&s;elves and their Faction; have broken, di&s;continued, and waged War again&s;t this Parliament, &amp; have forfeited their Commi&s;&s;ions. And the remaining Facti|on in the Hou&s;e of Commons, by abetting&punc; aiding and concurring with the &s;aid Councel of War, in the &s;aid rebellious Force; &amp; by &s;etting up new, illegal, and arbitrary Courts of Judicature to murder <HI>King Charles the Fir&s;t,</HI> our Lawful King, and Go|vernour, (who by his Writ according to the Law) &s;ummoned and authorized this Parliament to meet, &s;it,<NOTE PLACE="marg"><HI>Principium, Caput &amp; finis Parliamenti.</HI> Oaths of Al|legiance and Supremacy.</NOTE> and Advi&s;e with Him, and was the Fountain Head and Conclu&s;ion, or con&s;umma+tory End of the Parliament, and Supreme Governour over all Per&s;ons, and in all Cau&s;es of this Kingdom) and by Aboli&s;hing
<PB REF="104"> the Hou&s;e of Peers, and the Kingly Office, and di&s;-inheriting the Kings Children, and U&s;urping to them&s;elves the Supreme Authority and Legi&s;lative Power of this Nation in order to make and e&s;tabli&s;h them&s;elves a Councel of State, Hogen Mogens, or Lords States General, and tran&s;late the &s;aid Su|preme Power and Authority into the &s;aid Councel of State and then Di&s;&s;olve this Parliament and perpetuate their &s;aid Tyranny and this Army, and Govern Arbitrarily by the power of the Sword; and rai&s;e what illegal Taxes they plea&s;e, and eat out, con&s;ume and de&s;troy who&s;oever will not ba&s;ely &s;ubmit to their Domination,<NOTE PLACE="marg">See 1. part, &s;ect. 105, 106. and the Conclu&s;i|ons; 15, 16, 17, 18. and returne to &s;ect 79, 109 110. Stat. of Recognition, 1. <HI>Iac.</HI> Oaths of Allegiance and Supre|macy.</NOTE> have by the afore&s;aid ways and means totally &s;ub|verted this Kingdome, and de&s;troyed the fundamental Laws, Authority and Government thereof, Di&s;&s;olved and Aboli&s;hed this and all future Parliaments, &s;o that there is now no vi&s;ible, lawful Authority left in <HI>England,</HI> but the Authority of King <HI>CHARLS</HI> the Second, who is actually <HI>KING</HI> of all his Dominions pre&s;ently upon the Decea&s;e of the King his Father, before any Proclamation made, or Coronation &s;olemnized, not|with&s;tanding that by his unju&s;t Bani&s;hment (cau&s;<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">d by the in|terpo&s;ition of the &s;aid traiterous, combined, Antimonarchical Fa|ction) He be eclip&s;ed for the pre&s;ent, and not &s;uffered to perform any Acts of Government to his three Kingdoms, and re&s;tore peace, plenty, ju&s;tice, mercy, Religion, Laws, and Liberties, to them again, which no Hand but his own can be&s;tow; and therefore in vain do the people long for &amp; expect Figs from thi&s;tles, Grapes from thornes: This Kingdom of the Brambles now &s;et up, being only able to Scratch and Tear, not to Protect and Govern them. I farther Declare and Prote&s;t, That this combined traiterous Faction, have forced an <HI>Interregnum</HI> and a <HI>Ju&s;titium</HI> upon us, an utter &s;u&s;pen&s;ion of all lawful Government, Magi&s;tracy, Lawes and Judicatories: &s;o that we have not <HI>de jure,</HI> any Laws in force to be executed, any Magi&s;trates or Judges lawfully con|&s;tituted to execute them: any Court of Justice wherin they can be
<PB REF="104"> judicially executed; any &s;uch Instrument of the Law as a law|ful Great Seal, nor any Authority in <HI>England</HI> that can lawful|ly Condemn and Execute a Thief, Murderer, or other Offender, without being them&s;elves called Murderers by the Law, all legal proceedings being now <HI>coram non Judice;</HI> nor can this re|maining Faction in the Hou&s;e of Commons &s;hew any one Pre&s;i|dent, Law, Rea&s;on or Authority what&s;oever for their afore&s;aid doing, but only their own irrational tyrannical Votes, and the Swords of their Army, Wherefore I do further Declare and Pro|te&s;t before God and the World, That all free-born &s;ubjects of the Kingdom of <HI>England</HI> and <HI>Ireland,</HI> are bound by the <HI>Stat. of Recognition, 1. Jac.</HI> and by all our Lawes and Statutes, By their Oathes of Allegiance, Obedience and Supremacy the Pro|te&s;tation and National Covenant, by very many Declarations, Remon&s;trances, Petitions, and Votes of this Parliament; and all Souldiers are engaged al&s;o by their own Declarations, Re|mon&s;trances, and Propo&s;als, to defend, a&s;&s;ert, and vindicate, with their Lives and Fortunes, the Per&s;on, Authority, &amp; Title of our afore&s;aid Lawful KING and Suprem Governour (the un|doubtful Heire of all his late Fathers Dominions) CHARLS the Second, by the Grace of God, King of <HI>Great Britaine, France,</HI> and <HI>Ireland, &amp;c.</HI> again&s;t all oppo&s;ites and pretended Authorities what&s;oever, unle&s;&s;e they will be guilty of the fowle&s;t &s;innes of Trea&s;on, Rebellion, Perjury, and Perfidiou&s;ne&s;&s;e again&s;t their God, their King and Countrey; and of pro&s;tituting the Re|ligion, Laws and Liberties of the Land, their Wives, Children and E&s;tates, to the lu&s;ts of an Armed Faction, u&s;urping a farre more Arbitrary and Tyrannical Power over our Con&s;ciences, Per&s;ons, Liberties and E&s;tates, then ever was known in <HI>Eng|land</HI> before, or then is now u&s;ed by the <HI>Ru&s;&s;e, Turk</HI> or <HI>Tartar,</HI> or any the mo&s;t en&s;laving and lawle&s;&s;e Tyrants under Heaven.</P>
</DIV1>
<DIV1 TYPE="demands">
<PB REF="105">
<HEAD>An Exhortatory CONCLUSION to the Engli&s;h <HI>NATION.</HI></HEAD>
<P><NOTE PLACE="marg">Compare the Date of the K. Commi&s;&s;ions with tho&s;e of the Parlia|ment and their Declarations on both &s;ides.</NOTE>TO conclude the &s;eries of Affaires and Action on both Parties (e&s;pecially of late) rightly com|pared, it appeareth by the &s;equel, That KING CHARLES the Fir&s;t, from the beginning took up Defen&s;ive Armes, to maintain Religion, Lawes, Liberties, and the Antient fundamental Being of Par|liaments, and this Kingdome: and that there alwayes was, and now e&s;pecially is, a predominant Faction in Parliament, (notwith&s;tanding their frequent Declara|tions, Remon&s;trances, Petitions, Prote&s;tations, Co|venant, and Votes to the contrary) con&s;piring with a Party (e&s;pecially of Commi&s;&s;ioned Officers of the Army) without the Hou&s;es, to change the Funda|mental Lawes and Government of the Church and Common-wealth, to u&s;urp into a few hands the Su|preme Authority, to en&s;lave the People with an Oli|garchical, Military, and Arb trary Government, to rai&s;e what illegal Taxes they plea&s;e, to e&s;tabli&s;h their Tyranny, and enrich them&s;elves and their Party, to op|pre&s;&s;e, con&s;ume and devoure all Men of a judgement contrary to their Intere&s;t: to Murder them by new declared arbitrary Trea&s;ons, contrary to the <HI>Stat.</HI> 25. <HI>Edw.</HI> 3. for a&s;certaining Trea&s;ons: to Disfranchi&s;e them of their birth-rights, and make them <HI>Ad&s;criptios Glebae,</HI> Villains Regardante to their owne Lands, which the Nobility, Gentry, and Yeomanry plough, &s;owe, and reap, while&s;t Brewers, Dray-men, and Coblers
<PB REF="105"> eate, drink, and play upon the &s;weat of their La|bours; and are the U&s;ufructuaries of their E&s;tates. All which they have lately brought to pa&s;&s;e, where|fore let all true Engl &s;hmen (as becomes good Chri&s;ti|ans, good Patriots, and gallant Men) claim their Birth|rights; and with one voice cry out,</P>
<P N="1">1. <HI>We will not Change our Ancient, &s;etled, and well-ap|proved Lawes to which we are &s;worne.</HI></P>
<P N="2">2. <HI>We will not Change our Ancient and well-tempered Monarchy to wh ch we are &s;worne.</HI></P>
<P N="3">3. <HI>We will not change our old Religion for New Lights and Inventions.</HI></P>
<P N="4">4. <HI>We will not &s;ubject our &s;elves to an eighth part of one Estate or Hou&s;e of Parliament; &s;itting under a force, and ha|ving expelled two hundred and fifty of their Fellows (more Righteous then them&s;elves) by force, and u&s;urping to them|&s;elves the Supreme Authority.</HI></P>
<P N="5">5. <HI>We will not be &s;ubjected to a new Supreme Authority u&s;urped by fourty ambitious, covetous Tyrants, arrogating to them&s;elves to be a Councel of State, and de&s;igned to &s;upply the room of Parliaments, under what name or title &s;oever they &s;hall mask them&s;elves.</HI></P>
<P N="6">6. <HI>We will not &s;ubmit our &s;elves to a Military Govern|ment, or Councel of Officers.</HI></P>
<P N="7">7. <HI>We mu&s;t and will have A KING,</HI><NOTE PLACE="marg">See the Star. of Recogniti|on, 1. <HI>Iac.</HI> and the Oaths of Allegiance, O|bedience, and Supremacy.</NOTE> <HI>and</HI> The <HI>KING whom the Lawes of God and this Land have de&s;igned to us, we being by the Oaths of Allegiance, Obedience, and Supremacy &s;worne to beare faith and true Allegiance to</HI> KING CHARLES <HI>the Fir&s;t, his lawful Heires and Succe&s;&s;ors.</HI></P>
<EPIGRAPH>
<Q LANG="lat">Hic telum infigam, moriarque in vulnere &mdash;</Q>
</EPIGRAPH>
</DIV1>
<DIV1 TYPE="postscript">
<PB REF="106">
<HEAD>Po&s;t&s;cript.</HEAD>
<P>REader, at the latter end of my Fir&s;t part of <HI>The Hi|&s;tory of Independency,</HI> I have pre&s;ented to thy con&s;ide|ration &s;ome General Conclu&s;ions ari&s;ing out of the Pre|mi&s;es: the &s;ame Conclu&s;ions does naturally ari&s;e out of the Premi&s;es of this Second Part of the Hi&s;tory, and do as aptly &s;erve to illu&s;trate this Second, as that Fir&s;t part; wherefore to that Fir&s;t Part I &s;end thee for opening thy under&s;tanding.</P>
<P>When our old Lawes run again into their Ancient Channel, and the Sword of Murder is &s;heathed, and the Sword of Ju&s;tice drawn, the Author engageth to publi&s;h his Name and Apology, and &s;hew what he hath done and &s;uffered for the Parliament and Kingdom.</P>
<TRAILER>THE END.</TRAILER>
</DIV1>
<DIV1 TYPE="to the reader">
<PB REF="106">
<HEAD>TO THE <HI>READER.</HI></HEAD>
<OPENER><SALUTE>READER,</SALUTE></OPENER>
<P>having &s;poken to thee in the <HI>Fir&s;t Part,</HI> I might have forborn thee in this <HI>Second,</HI> did I not feare to &s;eem guilty of the fullenne&s;&s;e and malig|nity of the&s;e times. The &s;ubject-matter of my Book is a Combination or Faction of <HI>P&s;eudo-Polititians,</HI> and <HI>P&s;eudo-Theologicians, Hereticks,</HI> and <HI>Schi&s;maticks,</HI> both in Divinity and Policy; who, having &s;acrificed to their Fancies, Lu&s;ts, Ambition, and Avarice, both their God and Religion, their King and Country, our Laws, Liberties and Properties, all duties Divine and Humane, are grown &s;o far in love with their pro&s;perous Sins, as to entitle God him&s;elf to be Father and Author of them: from who&s;e written Word and revealed Will held forth to us in the Scriptures as the only North Pole and Cyno&s;ure of our Actions (where they find no warrant for their doing) they appeal to the &s;ecret Will and Providence of God, to which they mo&s;t Turki&s;hly and Heatheni&s;hly a&s;cribe all their enormities, only becau&s;e they &s;ucceed: and from that Aby&s;&s;e of Gods Providence, draw &s;econdary principles of Nece&s;&s;ity and Hone&s;t Intentions; to build the <HI>Babel</HI> of their confu&s;ed De&s;ignes and Actions upon; not con&s;ider|ing that wicked Men perform the &s;ecret Will a God to their Damnition; as good Men do the known Will of their Father to their Salvation; If a Man lie &s;ick to death, and his Son wi&s;h him dead, this is Sin in the Son, although his de&s;ire concur with the Secret Will of God, becau&s;e the Son ought to de&s;ire the pre&s;ervation of his Fathers life;
<PB REF="107"> whereto the Will of God revealed in his Word obligeth. him: and, <HI>vivendum &s;ecund&ugrave;m Praecepta, non &s;ecund&ugrave;m De|creta Dei;</HI> The &s;ecret Will and Providence of God can be no rule and law of our Actions, becau&s;e we know it not, nor can &s;earch into it without pre&s;umption: We mu&s;t not therefore, <HI>altum &s;apere,</HI> think our &s;elves too wi&s;e and well-gifted to tie our &s;elves to the Scripture of God; and lu&s;t after Revelations and In&s;pirations; expecting God &s;hould rain Bread from Heaven for us, (<HI>Manna, Exod</HI> 16.4.) but be wi&s;e unto Sobriety. But, <HI>pro&s;perum &s;celus, virtus vocatur:</HI> Thus ca&s;ting off the written Word of God (unle&s;s where by an enforced Interpretation they can &s;queeze Athei&s;me and Bla&s;phemy out of it (as they do &s;omtimes rack Trea|&s;on, Murder, and Non-&s;en&s;e out of our Laws and Parlia|ment-Priviledges) conducible to their ends they in&s;en|&s;ibly ca&s;t off God him&s;elf, and make them&s;elves both the &s;upreme cau&s;e and final end, the <HI>Alpha</HI> and <HI>Omega</HI> of all their doings, while&s;t they u&s;e the hidden and un&s;earchable Providence of God, but as a Di&s;gui&s;e and Vizard to mask under, like <HI>Caelius</HI> the Athei&s;t in <HI>Martial.</HI> Pro&s;perity is be|come a &s;nare to them, and a Topick place out of which they draw Arguments to &s;atisfie them&s;elves there is no God, no Religion, but a prudential one to fool the people with.
<Q LANG="lat"><L>Nullos e&s;&s;e Deos, inane Coelum,</L>
<L>Affirmat <HI>Caelius,</HI> probatque,</L>
<L>Qu&ograve;d &s;e videt, dum negat haec, beatum.</L></Q></P>
<P>But O wretched unholied men! What are they that thus commit Burglary in the <HI>Sanctum Sanctorum</HI> of Gods Providence? That pre&s;ume not only to pry into, but to thru&s;t their hands polluted with blood and rapine into Gods my&s;terious Ark? Thus much for the &s;ubject-mat|ter. For the manner of my writing, I confe&s;&s;e, as to the
<PB REF="107"> Stile, it is not <HI>aequabile &s;cribendi Genus,</HI> all of one weaving and contexture: It is a Hi&s;tory writ with a Satyrique &s;tyle and veine:
<Q LANG="lat"><L>&mdash; Nam quis iniqui;</L>
<L>Tam patiens orbis, tam ferreus ut teneat &s;e?</L></Q> It is a virtue to hate and pro&s;ecute vice. The Scripture tells us, <HI>there is a perfect hatred, a Holy Anger.</HI> And our <HI>Chaucer</HI> tells us, <HI>The werds mu&s;t be of kynne unto the deeds:</HI> otherwi&s;e, how can they be expre&s;&s;ive enough? I dete&s;t <HI>vitia pulcher|rim&egrave; mangonizata</HI> vice trick't up in virtues raiment; and pro&s;tituted under her mode&s;t dre&s;&s;e to &s;tir up Adulteries. <HI>Quicquid agunt homines no&s;tri e&s;t farrago libelli.</HI> An huge Gallimaufry, an <HI>Oglio</HI> of all villanies I here &s;et before thee: it cannot be all of one dre&s;&s;ing and &s;ea&s;oning, it mu&s;t be a mixture, a <HI>Hogo</HI> of all Reli&s;hes: like <HI>Manna</HI> in the Wilderne&s;&s;e, it mu&s;t be applicable to all palates: wherfore according to the variety of every pre&s;ent &s;ubject-matter, <HI>vel ridenti rideo, vel flenti fleo,</HI> I become all things to all Men, I a&s;&s;imilate my affections and humours to every Mans humour as well as to the pre&s;ent Theme; that I may take every Man by the right hand, and lead him out of this <HI>Ur</HI> of the Chaldeans, this Land of <HI>Egypt,</HI> this Hou&s;e of Bondage in judgement and con&s;cience, though not in per&s;on and e&s;tate: which mu&s;t only be the mighty handy-work of that God who is able to divide the Red Sea, and give us a &s;afe march through it upon dry Land.</P>
<P>Which that he would vouch&s;afe to do let us all joyne our hearty prayers, and that we may in&s;trumentally &s;erve him in it, let us all joyne our heads, hearts and hands to|gether, &s;ince God neglects faint-hearted and cowardly prayers: Let us not lie in the Ditch, and cry, <HI>God help us,</HI> But let us help God to help us: and keep <HI>cor unum, viam unam,</HI> in the doing of it.</P>
</DIV1>
<DIV1 TYPE="ordinance">
<PB REF="108">
<HEAD><HI>The Ordinance pa&s;&s;ed,</HI> 20. Aug. 1647. <HI>To null and void all Acts, &amp;c. pa&s;&s;ed under the force of the Apprentices. Die Veneris</HI> 20. Aug. 1647. An Ordinance for Declaring all Votes, Orders, and Ordinances pa&s;&s;ed in one or both Hou&s;es, &s;ince the Force on both Hou&s;es, <HI>July</HI> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">6. until the 6. of this pre&s;ent <HI>August</HI> 1647. to be null and void.</HEAD>
<P>VVHereas there was a vi&s;ible, horrid, in&s;olent, and actual force upon the Hou&s;es of Parliament, on Monday <HI>26. July</HI> la&s;t; whereupon the Speakers, and many Members of both Hou&s;es of Parliament, were forced to ab<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ent them&s;elves from the &s;ervice of the Parliament: and whereas tho&s;e Members of the Hou&s;e could not return to &s;it in &s;afety before Friday, the <HI>6. Augu&s;t.</HI> It is there|fore Declared by the Lords and Commons in Parliament a&s;&s;embled, that the Ordinance of <HI>Monday 26. July,</HI> for the Repealing and ma|king void of the Ordinance of the <HI>23.</HI> of the &s;aid <HI>July,</HI> for &s;etling of the <HI>Militia</HI> of the City of <HI>London;</HI> being gained by force and vio|lence; and all Votes, Orders, Ordinances, pa&s;&s;ed in either, or both Hou&s;es of Parliament, &s;ince the &s;aid Ordinance of the <HI>26.</HI> of <HI>July,</HI> to the &s;aid <HI>6.</HI> of <HI>Augu&s;t,</HI> are null and void, and were &s;o at the making thereof, and are hereby Declared &s;o to be, the Parliament being under a force, and not free: Provided alwayes, and be it Ordered, That no Per&s;on or Per&s;ons &s;hall be impeached, or puni&s;hed for his or their Actions, by, or upon, or according to the afore&s;aid Votes, Orders, or Ordinances, unle&s;&s;e he or they &s;hall be found guilty of contriving, act|ing, or abetting the afore&s;aid vi&s;ible and actual force; or being pre|&s;ent at, or knowing of the &s;aid force, did afterwards act upon the Votes &s;o forced, or were guilty of entring into, or promoting the late Engagement for bringing the KING to the City, upon the Termes and Conditions expre&s;&s;ed in his Maje&s;ties Letter of the <HI>12.</HI> of <HI>May</HI> la&s;t.</P>
<CLOSER><SIGNED>John Browne, Cler. Parl.</SIGNED></CLOSER>
</DIV1>
</FRONT>
<BODY>
<DIV1 N="2" TYPE="part">
<PB N="1" REF="108">
<HEAD>THE SECOND PART OF <HI>The Hi&s;tory of Independency.</HI></HEAD>
<P>_MY fir&s;t Part of <HI>Relations and Ob&s;ervations Hi&s;torical and Politick upon this pre&s;ent Par|liament,</HI><NOTE PLACE="marg">1 The Proeme.</NOTE> begun <HI>Anno Dom.</HI> 1640. <HI>Anno Car. primi.</HI> 16. is divided into two Parts or Books <HI>[The My&s;tery of the two Juntoes, Presbyterian and Independent]</HI> wherein I &s;hew with what art (to advance their de&s;igns) the Grandees divided the Hou&s;es into the &s;aid two Factions; which Factions enter|taining the Quarrel in earne&s;t, their re&s;pective Grandees were forced to turn their je&s;t into earne&s;t too, for up|holding their Authority, with their &s;everal Parties: not unlike Butchers, who, in a Country Market &s;et their Dogs together by the ears in &s;port, and at la&s;t own their Dogs quarrel them&s;elves in earne&s;t. The &s;econd Book is <HI>[The Hi&s;tory of Independency]</HI> wherein I &s;hew the <HI>Ri&s;e, Growth, and Fracti&s;es of that Party;</HI> which being full of &s;chimatical quick-&s;ilver, re&s;tle&s;s and &s;tirring, and tenable by no Oaths, Principles, Promi&s;es, Declarations, nor by any obligati|ons or Laws, Divine or Humane, doth now enjoy the fruits of their perfidiou&s;ne&s;s and treachery, a Conque&s;t gotten over their Adver&s;aries by pretending, prote&s;ting, and fal&s;e promi&s;ing, which they attribute to the bounties and Mer|cies of God: and from the &s;ucce&s;s of their villanies argue mo&s;t Turki&s;hly his ble&s;&s;ings over them; and as Jewi&s;hly ar|rogate to them&s;elves to be the peculiar People and Saints of God, although hee u&s;eth them but as a Rod in his hand to &s;courge the &s;ins of the other Party, and of the whole Kingdome. It is the u&s;ual method of Gods ju&s;tice not onely to puni&s;h one &s;in by another, but one Sinner by ano|ther; nay, a le&s;&s;er Sinner by a greater, and at la&s;t to receive the humble and corrected Sinner into <HI>Abrahams</HI> bo&s;ome,
<PB N="2" REF="109"> and ca&s;t the in&s;ulting Executioner of his wrath into the fiery furnace of his anger. In my afore&s;aid <HI>[Hi&s;tory of Inde|pendency]</HI> you have that Faction conquering: In this <HI>Conti|nuation</HI> or <HI>Supplement</HI> of the &s;aid Hi&s;tory, I repre&s;ent them to you triumphing, u&s;ing and abu&s;ing their Victories to the di&s;honour of God, de&s;truction of the King, begger|ing and en&s;laving of the Kingdome, depriving us of our Religion, Laws, Liberties, and E&s;tates, and con&s;equently, making our Wives and Children the objects of our fear, de&s;pair, and ill boding doubts, not the objects of any com|fort and joy we can take in them, who&s;e mi&s;eries we fore|&s;ee, but cannot help. When I con&s;ider the intricacy of this my undertaking, how perplexed it is, how intangled with various changings, counterchangings, revolutions, revolt|ings, and betrayings of Parties (&s;uch are all Civil Wars, but e&s;pecially tho&s;e where the mo&s;t uncivil and barbarous &s;ort of men, the dregs and lees of the People &s;wim a top) how full of divi&s;ions, and &s;ubdivi&s;ions; in&s;omuch that they who are Friends, and hold together in one Intere&s;t or Fa|ction, are Oppo&s;ites in another. Methinks my labour is as vain as his that attempted to take the Picture of <HI>Proteus;</HI> or his, that endeavoured to &s;hape a Garment for the Moon: When God brought a confu&s;ion but of Lips and Tongues upon <HI>Babel,</HI> what man was able to reduce them into or|der again? But God hath brought upon us a Confu&s;ion, a <HI>Babel,</HI> not onely of Lips and Tongues, but of Heads, Hearts, Hands, &amp;c. What Hi&s;torian can finde a method in &s;o univer&s;al a <HI>Chaos?</HI> can draw light out of &s;o palpable a darkne&s;s? Be&s;ides, I fore&s;ee my reward to be envy, ha|tred, malice, contempt, &s;landers, &s;eque&s;tration, beggery, impri&s;onment, and at la&s;t an Arbitrary death without any legal trial, proceedings, Jury, Judges, or Court, or any known e&s;tabli&s;hed Law to judge by, <HI>Ob&s;equium amicos ve|ritas odium parit.</HI> I have already followed truth &s;o near at the heels (although but a private retainer to her) that al|mo&s;t all my teeth are &s;ecretly &s;tricken out&punc; what dare they not now do openly again&s;t me? &s;ince by murdering our King, di&s;-inheriting his Po&s;terity, &s;ubverting Monarchical Government, aboli&s;hing the Hou&s;e of Lords, and per|verting the Hou&s;e of Commons, &s;etting up new Repre&s;en|tatives,
<PB N="3" REF="109"> with Supreme and Legi&s;lative Power, and new Courts and Juri&s;dictions again&s;t all Laws, they Proclaim them|&s;elves Conquerours of King, Parliament, and Kingdome, Vi|ctors of our Religion, Laws, Liberties, and Properties, and Triumphers over our Per&s;ons, Wives, Children, and E&s;tates? &s;ince they profe&s;s their will and power, to be the onely Laws and Rules of their doings, and our &s;ufferings. But when I con&s;ider, that as no mans inncency, &s;o no mans re&s;ervedne&s;s can protect him; but that &s;ome men mu&s;t dye (according to <HI>Catilines</HI> rule) to make up the number, others to multiply confi&s;cations, others to &s;atisfie private &s;u&s;picions, malice, and revenge, and they mu&s;t dye to cement and foment this new erected Tyranny with their blood, I thought it as ea&s;ie and more honourable to dye waking and working for my God, my King, and Country, than to dye &s;leeping, and have my throat cut in a Lethargy. I know the&s;e Schi&s;maticks thir&s;t as much after blood, as they hunger after money: and I am &s;ure to be involved in the common and in|evitable ruine of my Country, why &s;hould I not rather peri&s;h for it now, then with it hereafter? It is more manly, more noble, more Chri&s;tian; <HI>Dulce &amp; decorum e&s;t pro patria mori,</HI> was the &s;ay|ing of an Heathen, why not of a Chri&s;tian? Religion, Laws, and Liberties, lye now at &s;take, why &s;hould not I come in for a Game&s;ter? It is a mixt cau&s;e, and he that dyes for it is a Martyr. He that fears Death, mu&s;t be a &s;lave to tho&s;e Tyrants that carry the Sword; he that fears Poverty, mu&s;t be a Villain to tho&s;e <HI>Juda&s;&s;es</HI> that bear the Pur&s;e; but hee that fears God, will bor|row &s;trength from him to contemn them both: Thus putting my tru&s;t in God, I put Pen to Paper, and put my life into the &s;cales, where God (I know) holds the ballance; he who&s;e provi|dence takes notice of a Sparrow falling from the hou&s;e-top, will watch over me, and either protect me again&s;t them, or receive me from them.<NOTE PLACE="marg">2 An Introduc|tory Repeti|tion. See my 1 Part of the <HI>Hi&s;tory of Indepen|dency,</HI> &s;ect. 7, 8, 9, 10, 11, 13 &amp; 14.</NOTE></P>
<P><HI>Cromwel,</HI> and <HI>Ireton</HI> (by advice of their thriving <HI>Junto</HI> of In|dependents in the two Hou&s;es) having mutinied the Army again&s;t their Ma&s;ters the Parliament, found that crime could not be de|fended but by committing greater; wherefore they &s;eized the Kings per&s;on at <HI>Holdenby</HI> to gain Authority with the People, that they might the better &s;ubdue the Parliament to their lu&s;ts:
<PB N="4" REF="110"> for the better expediting whereof,<NOTE PLACE="marg">Sect. 18, 119.</NOTE> they courted the City of <HI>Lon|don</HI> to &s;it Neuters, and let them work their wills with the Par|liament; which Myne not taking fire, they united the &s;chi&s;mati|cal party of the City and Country to them, and all &s;uch as being guilty of publick cheats and &s;p<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ls, de&s;ired the protection of the Sword to make good their rapines, and accounted all men el&s;e as Enemies; applying them&s;elves to wooe and cajole the People, ea&s;ily wrought upon as being weary of the War, and of the mi&s;-government, Factions, confu&s;ions and oppre&s;&s;ions of their new Ma&s;ters the Parliament, which indeed were very great, but aggravated by them and their Agitators beyond the truth: and the whole weight of them charged upon the more moderate and innocent party (onely becau&s;e they were their Oppo&s;ites) whereas had they &s;et the &s;addle upon the right hor&s;e, as &s;ure as <HI>Judas</HI> bore the Bag, the Independents mu&s;t have rid before the Cloakbag; they being the Publicans and Sinners that handled mo&s;t publick trea&s;ure. The Layers on, Exactors, Trea&s;urers, &amp;c. of Taxes, the far more numerous and bu&s;ie party in all Mony-Committees, and gainful imployments, Engro&s;&s;ers of all great Offices, and the greate&s;t &s;harers of publick money among&s;t them&s;elves for Compen&s;ations for Lo&s;&s;es and Rewards for Ser|vices pretended; and con&s;equently, that Faction were the grea|te&s;t Dilapidators of the Commonwealth, Oppre&s;&s;ors of the People, and Authors of confu&s;ion, though (according to cu&s;tome) by an impudent fallacy, called <HI>(Tran&s;latio criminis)</HI> the Inde|pendent Faction lay their Ba&s;tards at other mens doors, making a &s;hew to redre&s;s tho&s;e faults in other men, which them&s;elves are chiefly guilty of; wherefore the better to ingratiate them&s;elves with King and People, they printed and publi&s;hed Ingagements, Declarations, Remon&s;trances, Manife&s;toes, Propo&s;als, and Petiti|ons of their own penning, and &s;ent them by their Agitators and &s;ectary Prie&s;ts into all Counties for concurrence and Sub|&s;criptions, the better to &s;teal the re&s;pects of the People from the Parliament to them&s;elves, like <HI>Ab&s;olom,</HI> they flattered the People to make Addre&s;&s;es and Complaints again&s;t publick Grievances to them onely; Boa&s;ting them&s;elves for the &s;ole Ar|bitrators of Peace, Re&s;torers of Laws, Liberty, and Property; Setlers of Religion, Maintainers of the Privileges of Parliament,
<PB N="5" REF="110"> Reformers and Callers to Account of all Committees, Seque&s;tra|tors, Trea&s;urers, &amp;c. Deliverers of the People from that intole|rable Exci&s;e, and other Taxes: But above all, Pre&s;ervers of all ju&s;t Intere&s;ts, and Re&s;torers of the King to his ju&s;t Rights and Prerogatives with <HI>honour, freedome,</HI> and <HI>&s;afety</HI> to his Per&s;on, (originally their own words,<NOTE PLACE="marg"><P>Book of Declarations of the Army, pag. 112.</P>
<P>Repre&s;ent. of the Army at S. <HI>Albons, June</HI> 23. 1647.</P>
<P>B Decl. again, p 64.</P>
<P>Sir <HI>Tho. Fairfaxs</HI> Letter to the Hou|&s;es from <HI>Reading, July</HI> 6. 1647. B. Decl. again, p. 75.</P>
<P>Propo&s;als of the Army, <HI>Aug.</HI> 1. 1647. <HI>Putney</HI> Projects, p. 13, 14, 43. and my Animadver&s;ions upon the Ar|mies Remon&s;trance, delivered to the Commons, <HI>Novemb.</HI> 20. 1648.</P>
<P>The &s;econd part of <HI>Englands</HI> New Chains; and the Hunting the Foxes from <HI>New-Market</HI> and <HI>Triplo heath</HI> to <HI>White-hall</HI> by five &s;mall Beagles, p. 6, 7.</P>
<P>See my Animadver&s;ions upon the Army Remon&s;trance, <HI>Nov.</HI> 20. 1648. and <HI>Putney</HI> Projects, p. 43. and Ma|jor <HI>Huntingtons</HI> Relation in a Book called, <HI>A Plea for King and King|dome,</HI> in An&s;wer to the Army Re|mon&s;t. pre&s;ented <HI>Novemb.</HI> 20. 1648. pag. 14, 15, 16. and Second part of <HI>Englands</HI> New Chaines; and the &s;aid Hunting of the Foxes, &amp;c, And the Rea&s;ons inducing Major <HI>Robert Huntington</HI> to lay down his Com|mi&s;&s;ion.</P></NOTE> though &s;ince they Quarrel with Parliament and City for u&s;ing them) and Reducers of his Queen and Children; without which they o|penly profe&s;s and declare po&s;itively in many printed Papers to the world and the Parlia|ment, There can be no &s;etled peace nor hap|pine&s;s to this Nation. The truth of this A&s;&s;er|tion was obvious to the meane&s;t Capacities; and will &s;uddenly be proved by dear and la|mentable experience. To all the&s;e underta|kings they now hunt directly counter, yet in pur&s;uance of the&s;e undertakings the Army (by their own Authority) made Addre&s;&s;es to his Maje&s;ty, and pre&s;ented to him more tole|rable Propo&s;als than any he could obtain from his Parliament: They treated with him, yea, they wrought upon him under-hand to neglect the Propo&s;itions from Parliament tendered to him at <HI>Hampton-Court,</HI> and to prefer the Propo&s;als of the Army; and then (pre&s;uming they had him fa&s;t lymed) they propounded to him anew (as I have it from good hands) private Propo&s;als from the Intere&s;t of the Independent Grandees and the Army, derogatory to the Kingly Power and Dignity, to the Lawes, Liberties and Properties of the Subject, and de&s;tructive to Religion. To which his Maje&s;ty giving an utter denial, they began to entertain new De&s;igns again&s;t the Kings Per&s;on, and Kingly Government, which they u&s;hered in by &s;etting the Schi&s;matical and Levelling Party on work in City and mo&s;t Counties, to obtrude upon the Hou&s;es clamourous Petitions again&s;t further Treaties, and demanding exemplary Ju&s;tice again&s;t the King: exceedingly laboured by
<PB N="6" REF="111"> <HI>Cromwel</HI> him&s;elf in <HI>Yorke&s;hire</HI> both among&s;t the Gentry and Souldiers, &amp;c. (among&s;t the&s;e the Petition, <HI>D<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">cemb.</HI> 11. 1648. was the mo&s;t eminent) the&s;e men that in&s;olently petitioned again&s;t the fundamental Government of the Land, and peace by Ac|commodation, were entertained with Thanks; Others that pe|titioned for Peace by Accommodation were entertained with Frowns, disfranchi&s;ings, &s;eque&s;trations, wounds and death, as the <HI>Surrey</HI> Gentlemen! this &s;hewed with how little reality the o|ver-ruling party in the Hou&s;es Treated with the King.<NOTE PLACE="marg">2. part of <HI>En|glands</HI> Chains di&s;covered. 1. <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">reaty in the <HI>I&s;le of Wight.</HI></NOTE> In order to this De&s;igne of laying a&s;ide the King, and &s;ubverting Monar|chy, They 1. frighted his Maje&s;ty into the <HI>I&s;le of Wight.</HI> 2. The Parliament (that is, the predominant Party) pur&s;ued him thither with offer of a Treaty upon Propo&s;itions: conditionally (that before he &s;hould be admitted to Treat) he pa&s;s 4. Dethroning Bils; of &s;o high a nature, that he had en&s;laved the People, &s;ub|verted Parliaments, and had made him&s;elf but the Statue of a King and no good Chri&s;tian, had he by his Royal a&s;&s;ent pa&s;&s;ed them into Acts of Parliament;<NOTE PLACE="marg">1. par. Hi&s;t. In<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">. &s;ect. 62, 63, 64.</NOTE> and the Parliam<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">nt (or rather the Grandees) after his Royal a&s;&s;ent, might have made them|&s;elves Ma&s;ters of all the other Propo&s;itions without his Con&s;ent: &s;o that this Treaty was but a flouri&s;h to dazle the eyes of the world. His Maje&s;ty therefore denied the 4. &s;aid Bils, and thereby pre&s;erved the legal Intere&s;ts of King, Parliament, and People; yet the Faction pre&s;ently took a pretence and occa&s;ion there|upon to lay a&s;ide the King,<NOTE PLACE="marg"><HI>Ibidem, &s;ect.</HI> 65, 66, 67, 68, 69, 70, 71. 72, 74. 75. And my &s;aid Ani|madver&s; <HI>p.</HI> 10. And the 2 part of <HI>Eng|lands</HI> new Ch.</NOTE> by pa&s;&s;ing 4. Votes for no more Ad|dre&s;&s;es to him; and a Declaration again&s;t him: which were not pa&s;&s;ed without many threats, and more &s;hew of force than &s;tood with the nature of a Free Parliament, the Army lying near the Town to back their Party: the de&s;ign having been laid before|hand between Sir <HI>Henry Vane</HI> Junior, Sir <HI>John Evelyn</HI> of <HI>Wilts, Nath. Fiennes,</HI> Solicitor <HI>Saint Johns,</HI> and a &s;elect Committee of the Army. I told you before, the People had been throughly in|&s;tructed formerly by the Army and their Agitators, That <HI>there could be no peace nor happine&s;s in</HI> England,<NOTE PLACE="marg">2 part of <HI>Eng|lands</HI> new Ch. di&s;cover|ed, p. 4, 5.</NOTE> <HI>without re&s;toring the King to his ju&s;t Rights and Prerogatives, &amp;c.</HI> notwith&s;tanding which the people now found their hopes that way deluded by the Army and their Party; who had ca&s;t off the King upon pri|vate di&s;contents, the true grounds whereof did not appear;
<PB N="7" REF="111"> and had ob&s;tructed all way s to Peace and Accommodation, and made them dangerous and de&s;tructive to &s;uch as travelled peace|ably in them, witne&s;s the &s;ad example of the <HI>Surrey-men, Kent, E&s;&s;ex;</HI> and all to perpetuate their great Places of power and profit. The minds of the people therefore troubled with appre|hen&s;ion that our old Lawes and laudable form of Government &s;hould be &s;ubverted, and new obtruded by the power of the Sword, &s;uitable to the power and lu&s;t of the&s;e ambitious, cove|tous men; and finding be&s;ides evident &s;ymptomes of a new War approaching to con&s;ume that &s;mall Remainder, which the la&s;t Wars had left, grew &s;o impotient of what they feared for the future, and felt at pre&s;ent (in&s;upportable Taxes, Free-quarter, in&s;olency of Souldiers, Martial Law, Arbitrary Go|vernment by Committees, and by Ordinances of Parliament changed and executed at the will and plea&s;ure of ths Grandees, in&s;tead of our &s;etled and well approved Laws) that de&s;pair thru&s;t them headlong into Arms in <HI>Wales, Kent, E&s;&s;ex, Pontefract, &amp;c.</HI> and at the &s;ame time a cloud ari&s;ing in <HI>Ireland,</HI> a &s;torm powred in from <HI>Scotland,</HI> and the <HI>Prince</HI> threatning a tempe&s;t from Sea; the&s;e concurrences looked &s;o black upon the Indepen|dent Grandees, that they gave way to a &s;econd mock-Treaty in the <HI>I&s;le of Wight;</HI><NOTE PLACE="marg">2. Treaty in the <HI>I&s;le of Wight.</HI></NOTE> which was the fruit of their cowardi&s;e and &s;ubtilty; as appeares by Sergeant <HI>Nicholas</HI> (a Creature of theirs) who (upon <HI>Saturday, Octob.</HI> 28. 1648.) moved in the Hou&s;e, <HI>That the Lord</HI> Goring <HI>might be proceeded again&s;t as a new Delinquent out of mercy,</HI> becau&s;e he had Cudgelled them into a Treaty; though now they attribute all to the Kings corrupt Party in the two Hou&s;es: the Army likewi&s;e kept a mock-Fa&s;t or day of Humiliation at <HI>Wind&s;or,</HI> to acknowledge their &s;ins, and implore Gods mercy for their former di&s;obedience to the Parliament in not Disbanding, and their in&s;olent Rebellion in Marching up in a Ho&s;tile and Triumphant po&s;ture again&s;t the Parliament and City, <HI>Augu&s;t</HI> 6. 1647. promi&s;ing more obedi|ence hereafter, and to acquie&s;ce in the judgment of the Parlia|ment, and Declared,<NOTE PLACE="marg">Decl. <HI>Jun.</HI> 14. 1647.</NOTE> <HI>That it was proper for them to act in their own &s;phere as Souldiers, and leave State affairs to the Parliament:</HI> but this was done but to recover the good opinion of the people and City, and to keep them from &s;tirring, and to &s;tay the mode|rate
<PB N="8" REF="112"> Party of the two Hou&s;es from Declaring the Army Ene|mies, recalling and Voting their Commi&s;&s;ions, and e&s;tabli&s;hed Pay void, which they might have done with ruine to the Army and their Party in that Conjuncture of Affairs, and with &s;afety to them&s;elves, and applau&s;e of all hone&s;t men of <HI>England</HI> that had taken part with the Parliament from the beginning; had not &s;ome Grandees of the rigid Presbyterian party (both within and without the Hou&s;es) &s;ome cur&s;ed thing, &s;ome <HI>Achans</HI> wedge in their bo&s;omes which &s;ugge&s;ted, Their &s;ins were greater than could be forgiven; and therefore they dur&s;t not ca&s;t down the partition-wall between them and the King (this Army) though it lean &s;o hard upon them, it is ready to overwhelm them: War is nece&s;&s;ary for &s;ome men of every Faction, who&s;e crying &s;ins peace will lay open and naked to the &s;corn, deri&s;ion, and dete&s;tation of the world. How well the&s;e &s;anctimonious Sword-players of the Army have ob&s;erved the Duties and Undertakings of their &s;aid Humiliation, let the world judge: Have they not returned again with the Dog to the Vomit? have they not cozened God, and their own Soules? Sure they fa&s;ted from &s;in then, that they might &s;in with the more greedy appe|tite now; and asked God forgivene&s;s of the old &s;core, that they might &s;in again upon a new &s;core. Thus you &s;ee the two Trea|ties in the <HI>I&s;le of Wight</HI> were begotten by fear and (that Idol of the Independents to which they offer up all their knaveries) ne|ce&s;&s;ity. They were Cockatrice Eggs laid by their Grandees when they had been Crow-trodden by Armies from abroad, and Tu|mults at home;<NOTE PLACE="marg">See my 1. part &s;ect. 65, 66, 105, 106, 107, and the Con|clu&s;ions there. Sect. 16, 17, 18.</NOTE> upon which they &s;<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">te abrood onely to hatch Scandals and new quarrels again&s;t the King, Anarchy and con|fu&s;ion to the State, and Tyranny and oppre&s;&s;ion of the People: to &s;et up the Olygarchy of the Saints, or Councel of State, the Kingdom of the Brambles, which &s;ince doth &s;cratch the wool from off the skin, the skin from off the fle&s;h, and the fle&s;h from off the bones. I have been compelled to u&s;e &s;ome introductory Repeti|tions in this part of my di&s;cour&s;e, that I may give you the whole my&s;tery of the 2. Treaties with the King in the <HI>I&s;le of Wight,</HI> with the cau&s;es efficient, and final of them, under one view; le&s;t &s;ome one link of the Chain e&s;caping your ob&s;ervation, it become a Chain of errors to you.</P>
<PB N="9" REF="112">
<P>My fir&s;t part of the <HI>Hi&s;tory of Independency</HI> ends with that which was but an unlucky preface to a Treaty with the King;<NOTE PLACE="marg">3. <HI>Hamilton</HI> over|throwne. See my 1. part. &s;ect. 136.</NOTE> namely, <HI>Cromwel's</HI> menacing Letters to the Speaker of the Hou&s;e of Commons, dated <HI>Augu&s;t</HI> 20. 1648. Relating his ea&s;ie purcha&s;e of a great Victory over Duke <HI>Hamilton,</HI> and Lieut. Gen. <HI>Bayly;</HI> wherein he relates the number of the Scoti&s;h Forces, farre dif|fering from the former Report of Lieut. Col. <HI>Osborne</HI> a Scotti&s;h Gentleman, made in the Hou&s;e of Commons, <HI>July</HI> 20.<NOTE PLACE="marg">Sect. 110, 111.</NOTE> (whereof I have &s;poken in my fir&s;t part) who (to take away the terror of them) e&s;timated <HI>Hamiltons</HI> and <HI>Langdales</HI> conjoyned forces to be but 10000. and it was then thought a note of di&s;affection to report them any more; but this Letter (for the greater glory of his &s;anctified Army) multiplies them to be 21000. The manner of the Fight was very &s;trange and Exceedingly to be &s;u&s;pected (e&s;pecially by any man who hath heard or read of <HI>Bayly's</HI> former demeanour in his own Country at <HI>Kyl&s;ythe</HI> and <HI>Auforte Kirke</HI>) It was little better than a beating up of Quatters for 20. miles together (for &s;o far the Scots Army lay &s;cattered in their Quar|ters, the Hor&s;e &s;o farre di&s;tant from their Foot, they could bring them no &s;ea&s;onable reliefe) Sir <HI>Marmaduke Langdale</HI> with his &s;mall Party drew forth, and made an honourable re&s;i&s;tance, had he been timely and &s;trongly &s;econded: on the Scoti&s;h Party the Fight began at <HI>Pre&s;ton</HI> in <HI>Lanca&s;hire,</HI> where the Duke being wor|&s;ted, retreated to <HI>Wigon,</HI> from thence to <HI>Warrington</HI> thorow Lanes and Fa&s;tne&s;&s;es, where <HI>Bayly,</HI> Lieut. General of the Scoti&s;h Foot, being &s;trongly quartered upon a Bridg and Pa&s;&s;e, yeilded up 6000. Foot and Armes without fighting, and &s;o ruined his whole Infantry: from <HI>Warrington</HI> the Duke fled with 4000. Hor&s;e to <HI>Namptwich,</HI> from thence to <HI>&V;toxeter,</HI> where his manner of yeilding him&s;elfe to Colonel <HI>Wayte</HI> (a Member of the Hou&s;e of Commons) take out of <HI>Waytes</HI> owne report in the Hou&s;e, who &s;aid, <HI>the Duke yeilded &s;imply; and without any Articles of Surren|der; that he voluntarily gave him his Sword, Scarfe, Signet of Armes, and his George; that he hung upon him &s;o that he could not get from him, de&s;iring him to &s;ecure him from the rage of the Soul|diers; &s;aying, He had not come into</HI> England, <HI>but that he was in|vited by a greater part of Lords, Commons, Citizens and Covenan|ters then called in the la&s;t Scoti&s;h Army:</HI> pre&s;ently the Bloud|hounds
<PB N="10" REF="113"> of the Faction in the Hou&s;e &s;ented this, and called upon <HI>Wayte</HI> to know whether he named any? <HI>Wayte</HI> An&s;wered that <HI>Hamilton was <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> &s;<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">btil<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">, politique Lord, and no doubt (for the &s;aving of his owne life) would do that in more convenient time.</HI> Hereupon a Committee (all of Canibal Saints) was pre&s;ently packed, and ordered to go downe and examine the Duke, but no particulars could they get from him: which was an honourable &s;ilence, and made amends for his former lavi&s;h &s;peech. It was happy the <HI>Prince</HI> did not tru&s;t him&s;elf in the Head of this Army. Had <HI>Ha|milton</HI> marched immediately to <HI>Colche&s;ter,</HI> or but to <HI>Pont<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">fract,</HI> (which he might ea&s;ily have done, <HI>Lambert</HI> his onely Oppo&s;ite &s;till retreating before him) the whole Country had ri&s;en with him. But he knew the Presbyterian party had rendred them&s;elves contemptible, and he as much contemned the Independents, therefore he fore&s;lowed his march, willing <HI>Cromwell</HI> and <HI>Fairfax</HI> &s;hould &s;ubdue all other Parties, and that he onely might have Armes in his hands to bring in the King upon his own tearmes; this over-confidence undid him: He was too much a States-man, and too little a Souldier.</P>
<P><NOTE PLACE="marg">4. The in&s;olency of the &s;chi&s;ma|ticall Members upon report of the Victory.</NOTE>This Victory did worke like Botled-Ale with <HI>Scot, Thom&s;on, Cornelius Holland,</HI> Sir <HI>Henry Mildmay,</HI> and many others of the light headed Saints, who were &s;o puffed up with the windine&s;&s;e of it, that they began to &s;well with di&s;daine and malice again&s;t the Per&s;onal Treaty, and to threaten and in&s;ult over all that had ei|ther Petitioned for it from abroad, or &s;poke for it in the Hou&s;e, as the only meanes of peace and a &s;ettlement.</P>
<P><NOTE PLACE="marg">5. The wi&s;er &s;ort &s;ubtilly conti+nue a mock-Treaty.</NOTE>But the wi&s;er &s;ort (more crafty to doe mi&s;chiefe) knowing that the people were weary of Taxes and the Army; and had no hopes of peace but by a Per&s;onal Treaty; and were re&s;olved to purcha&s;e peace, although at the price of a new VVarre, that <HI>Colche&s;ter, Pontefract, Scarborough,</HI> and a Ca&s;tle or two in <HI>Kent</HI> were not yet reduced, the people in <HI>Wales, Kent, E&s;&s;ex,</HI> the <HI>North,</HI> not yet &s;etled in &s;uch a calme, but that a new &s;torme might ari&s;e: a con&s;iderable party of the <HI>Scots</HI> yet unbroken in <HI>England,</HI> and fronting <HI>Cromwell</HI> and <HI>Lambert,</HI> under the Command of <HI>Monroe,</HI> a daring, knowing, and uncorrupted Commander; <HI>Scotland</HI> it &s;elfe not yet a&s;&s;ured to them: and above all, the <HI>Prince of Wales</HI> with a &s;trong Fleet at Sea, likely to rai&s;e new tempe&s;ts at Land,
<PB N="11" REF="113"> had he landed &s;ome men <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">n <HI>Kent</HI> or <HI>E&s;&s;ex,</HI> to gather up the male|contents there but newly &s;c<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">tered and broken, and ready to ad|here to any Party to defend them&s;elves from the fury and rapines of their Committee; <HI>Warwick</HI> but a fre&s;h-water Admiral, lying in the <HI>Thames</HI> under Protection of the Block-hou&s;es, and relying upon Land-&s;ouldiers, to awe the Mariners from mutinying; a cloud ari&s;ing in <HI>Ireland</HI> ready to break into a &s;torme: upon the&s;e con&s;iderations, the Cabal or clo&s;e Junto of Grandees thought fit to dally on the Treaty, the better to keep the Prince quiet, in expectation thereof, and gain time to work upon his Seamen, (already corrupted with want of work and pay) and to gull and pacifie the re&s;t of the Members and People, (not patient of a &s;harper remedy,) until <HI>Oliver</HI> had quite fini&s;hed his Northerne work, a<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">d marched nearer <HI>London, Colche&s;ter</HI> reduced, and the <HI>Princes Fleet</HI> retired to Harbour to avoid Winter, and then to break off the Treaty, and purge the Hou&s;e of tho&s;e Mem|bers that &s;ought Peace by an accord with the <HI>King,</HI> under the no|tion of <HI>the Kings corrupt party;</HI> to blinde their eyes therefore, the Speaker <HI>Lenthall,</HI> (though at this time the Fore-man of <HI>Olivers</HI> &s;hop) when it was debated in the Hou&s;e, <HI>Whether a Treaty &s;hould be had with the King in the I&s;le of</HI> Wight <HI>upon the Propo&s;itions of Hampton-Court?</HI> The Que&s;tion much oppo&s;ed, and at la&s;t put, the <HI>Noes</HI> and the <HI>Yeas</HI> were equal, 57. to 57. in&s;omuch that the Speakers voice was put in to turn the Scales; he gave his voice in the <HI>affirmative,</HI> that time following his con&s;cience again&s;t his In|tere&s;t, and my Lord <HI>Say</HI> (openly in the Hou&s;e of Lords) &s;aid, <HI>God forbid that any man &s;hould take advantage of this Victory to break off the Treaty:</HI> and the <HI>Armies Scout,</HI> from Tue&s;day <HI>Novemb.</HI> 14. to <HI>Novemb.</HI> 21. 1648. propounds three Riddles to the Reader, 1. <HI>Why the Grandees of the Junto that u&s;e to rule the Army are the mo&s;t active Solicitors for an Agreement of the Parliament with His Maje&s;ty when then the Army are acting to the contrary?</HI> 2. <HI>Why His Maje&s;ty, &s;tumbles only at the matters wherein the Presbyterian Intere&s;t are concerned, when that Faction is the only vi&s;ible prop to His Life, Crown, Dignity, and dying Intere&s;t?</HI> 3. <HI>Why the Souldi|ers Petitions for Ju&s;tice upon his Maje&s;ty were ill re&s;ented, and they thought worthy to be tried by a Councel of Warre, as Offendors, yet a Remon&s;trance was then framing by the Grandee-Officers to the
<PB N="12" REF="114"> &s;ame purpo&s;e, and much more again&s;t the pre&s;ent Authority? and in this the Generall concurres.</HI></P>
<P><NOTE PLACE="marg">6. New In&s;tru|ctions to <HI>Ham|mond</HI> in order to the Treaty, &s;ect. 132.</NOTE>The next thing taken into con&s;ideration in relation to the Treaty, was, the giving new in&s;tructions to <HI>Hammond</HI> the Head-Goaler, how to demeane him&s;elf in the Treaty, which had for|merly been Voted to be in the <HI>I&s;le of Wight,</HI> with <HI>honour, free|dome, and &s;afety to his Maje&s;ty:</HI> The In&s;tructions were, 1. <HI>That the King &s;hould enjoy the &s;ame liberty during this Treaty that He had at</HI> Hampton-Court. 2. <HI>That no per&s;on excepted out of mercy, none now Impri&s;oned by the Parliament, nor none now in actuall Armes again&s;t the Parliament &s;hould be admitted to come to the King.</HI> 3. <HI>That no forreign Agent &s;hould make any Addre&s;&s;e to him without leave of both Hou&s;es.</HI> Again&s;t the&s;e In&s;tructions it was ar|gued, <HI>That &s;ome of them contradicted the former Votes, That the King &s;hould Treat in Honour and Freedome, and that He &s;hould en|joy the &s;ame Liberty He had at</HI> Hampton-Court, <HI>which could not be &s;o long as He was denyed to corre&s;pond with other Princes His Allyes (with whom He was in league and amity) by their Amba&s;&s;adors and Agents, a Royalty in&s;eparable from the Crowne, allowed Him at</HI> Hampton-Court, <HI>and to deny it was implicitely to dethrone Him.</HI> To which was an&s;wered, <HI>That this was true of a King in actuall exerci&s;e of his Regall power, which this King neither is, nor ought to be untill He hath given &s;atisfaction to His Parliament: That it was a great conde&s;cention in them, and below the Dignity of a Parliament to recal their Votes of Non-Addre&s;&s;e, and put the bu&s;ine&s;&s;e of the Treaty thus forward; and if He would not accept of a Treaty upon &s;uch condi|tions as the Parliament thought fit, then things would be but where they were.</HI> The peaceable moderate Party, perceiving what opera|tion the Scoti&s;h Victory had already upon the fancies of tho&s;e hot-headed Men, knew they mu&s;t &s;peak mannerly and mode&s;tly for feare of correction, and mu&s;t take what they could, &s;ince they could not have what they would. 4. <HI>That the King &s;hould give His Royall word not to remove out of the I&s;land during the Treaty, nor in</HI> 20. <HI>daies after, without con&s;ent of the two Hou&s;es:</HI> this was to make his chaines a linke or two longer,<NOTE PLACE="marg">7. The Earle of <HI>Warwicks</HI> Let|ter to <HI>Derby-ho.</HI> complaining of his Sea-men.</NOTE> yet the King did give His Royall word accordingly.</P>
<P>Thur&s;day, <HI>Aug.</HI> 24. a Letter came to the Committee of Safety at <HI>Derby-Hou&s;e</HI> from the Earle of <HI>Warwicke,</HI> complaining of the
<PB N="13" REF="114"> perver&s;ne&s;&s;e of his owne Sea-men, and that tho&s;e with the <HI>Prince</HI> would not yet &s;toop to the Gods of Gold, (his owne words) <HI>That &s;ome other way mu&s;t be thought of be&s;ides force, to undermine the Prince, that &s;ince they had &s;ubdued their Enemies by Land, it would be a good preparative to work upon their Enemies by Sea with the &s;ame Engine.</HI> You &s;ee the&s;e Saints having gotten a publique Pur&s;e into their hands, are (at the peoples co&s;t and charges) bountifull Corrupters of other mens faith, having none of their owne.</P>
<P>About this time a new kind of pick-lock was invented to open the iron Che&s;ts and Counter-Boards of the City;<NOTE PLACE="marg">8. A Committee to make effe|ctuall the Sale of Bi&s;hops Lands; and cajole the City.</NOTE> and invite them to throw more money after that they had ca&s;t away already in purcha&s;e of Bi&s;hops Lands; namely, <HI>a Committee to con&s;ider of a way to &s;ecure unto the Purcha&s;ers the Mony they had already disbur&s;ed upon the &s;aid Lands; and to remove all impediments in the Sale for time to come.</HI> To which Col. <HI>Harvy</HI> &s;aid, <HI>That he had experience in the late defection of the City; when the Men mo&s;t backwards in the Par|liaments &s;ervice, were &s;uch of the Presbyterians as had no engagement upon Bi&s;hops Lands; wheras others of the &s;ame Party that have intere&s;t in the &s;ame Lands, are as forward as any the be&s;t affected.</HI> Here you &s;ee what it is that chaines the affections of the City to this Parlia|ment, and what it is that divides them among&s;t them&s;elves; &s;elf-re&s;pects makes them run along blind-fold with the Grandees in any de&s;igne or faction. A good bargaine makes a bad Man; <HI>Har|vey</HI> needs no other pre&s;ident but him&s;elfe, nor no more vi&s;ible monument then his exceeding cheap bargaine of <HI>Fulham-hou&s;e</HI> and <HI>Manour;</HI> which hath changed him from a furious <HI>Presbyter</HI> to a Bedlam <HI>Independent.</HI></P>
<P>About this time it was Ordered,<NOTE PLACE="marg">9. A Commi&s;&s;ion into the North to enquire what damma|ges they have &s;u&s;tained by the Scoti&s;h Inva&s;ion.</NOTE> <HI>That Commi&s;&s;ions &s;hould be i&s;&s;ued forth into the Northerne Counties, to enquire what Damages they have any waies &s;u&s;tained by</HI> Hamilton's <HI>Inva&s;ion?</HI> This device was of a twofold u&s;e, 1. <HI>To cut off the Scots demands for Mony due to them for their la&s;t Brotherly a&s;&s;i&s;tance, and otherwi&s;e.</HI> 2. <HI>To cajole the poor Country into a beliefe they &s;hall have reparations again&s;t the Scots, and rai&s;e them into a clamorous complaint again&s;t the Scots; and at la&s;t a deadly feud when they &s;hall finde their hopes denied by them and di&s;appointed.</HI> In the meane time they are patiently eaten up with Taxes and Free-quarter, and while they looke for what
<PB N="14" REF="115"> they &s;hall never have, they lo&s;e what they have already; This was the much applauded invention of Ma&s;ter <HI>St. J<GAP DESC="illegible" EXTENT="1 letter">hns</HI> of <HI>Lincolns-Inne.</HI></P>
<P><NOTE PLACE="marg">10. <HI>Col<GAP DESC="illegible" EXTENT="1 letter">he&s;ter</HI> &s;ur|rend<GAP DESC="illegible" EXTENT="1 letter">ed, with the &s;equele thereof.</NOTE>About this time the newes of the Surrender of <HI>Colche&s;ter</HI> in|flamed the Antimonarchical faction from a Feaver to a frantick Calenture. They yeilded to mercy, and within 4 hours after Sir <HI>Charles Lucas,</HI> and Sir <HI>George Li&s;le</HI> (for the better explanation what Independent mercy is) were <HI>&s;hot to death;</HI> &s;ome attribute it to an <HI>old quarrell</HI> between him and General <HI>Fairfax,</HI> others think it was done to put an <HI>affront</HI> upon the King and the Trea|ty: Colonel <HI>Farre</HI> was likewi&s;e condemned by the Councel of Warre at the &s;ame time, but is reprieved as a witne&s;&s;e again&s;t the Earle of <HI>Warwicke</HI> when time &s;erves, for when <HI>Warwicke</HI> long &s;ince waited at the Commons Door with &s;ome Ladies to petition for a Reprieve for the Earle of <HI>Holland,</HI> a Soul|dier of the Guard in&s;olently told him, <HI>He had more need petition for him&s;elf.</HI></P>
<P><NOTE PLACE="marg">11. In&s;tructions for the Com|mi&s;&s;ioners to Treat with his Maje&s;ty.</NOTE>In&s;tructions for the Commi&s;&s;ioners to Treat with the King were Debated. The Independents propounded, <HI>that tho&s;e Pro|po&s;itions that were mo&s;t advantagious to the Parliament &s;hould be fir&s;t debated, and if the King did not confirme them all, the Treaty to break off:</HI> But it was held unrea&s;onable in any Treaty, <HI>that one Party &s;hould bind him&s;elfe before the conclu&s;ion, and leave the other at large, and him&s;elf in the lurch;</HI> &s;o it was Ordered, <HI>They &s;hould be Trea|ted of in order as they lay, and (according to His Maje&s;ties de&s;ire) no|thing binding to either Party untill all was agreed of.</HI> The next &s;tum|bling block ca&s;t in the way was, <HI>that &s;eeing</HI> 40 <HI>daies onely were allowed for to Treat, that they &s;hould limit how many daies (and no more) &s;hould be &s;pent in Treating upon every &s;everal propo&s;ition:</HI> But this was looked upon as a cavil to make void the Treaty, and &s;o o|ver-ruled; you &s;ee what u&s;e the&s;e men that gaine by VVar make of their Victories.</P>
<P><NOTE PLACE="marg">12. A Debate what Gentl. &s;hould be allowed to attend his Ma|je&s;ty in the Treaty.</NOTE>The next thing debated was, <HI>the Li&s;t of &s;uch Gentlemen as were named to attend the King in this Treaty:</HI> The moderate Party ex|cepted again&s;t <HI>A&s;hburnham</HI> (a great man with <HI>Cromwell</HI>) and <HI>Legge,</HI> as being Pri&s;oner to the Parliament: The Independents excepted Dr. <HI>Shelden, Hammond,</HI> and <HI>Old&s;worth,</HI> for the &s;ame rea|&s;on; but the next day the Speaker moved, that <HI>Legge</HI> and <HI>A&s;h|burnham</HI>
<PB N="15" REF="115"> might go to the King; and to &s;atisfie &s;uch as had obje|cted their Impri&s;onment again&s;t them, the Independents alleaged they were unduly impri&s;oned, and moved, a Committee might be appointed to examine the cau&s;e of their Re&s;traint: but the mo|derate alleaging the &s;ame rea&s;on for the &s;aid three <HI>Doctors,</HI> and making the &s;ame motion for them, there was no farther pro|ceedings therein.<NOTE PLACE="marg">13. Ma&s;ter <HI>Pryns</HI> speech in the Hou&s;e; proving the Kings con|<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e&s;&s;ions to be a ground for a &s;etlement.</NOTE></P>
<P>Thus farre I have briefly &s;et downe the Preparations towards a Treaty; the Treaty it &s;elfe between the King in the <HI>I&s;le of Wight,</HI> and the Parliaments Commi&s;&s;ioners; their Reports of the Re&s;ults to the Hou&s;es; and the Hou&s;es Debates and Votes upon them took up almo&s;t all the time until the 6. <HI>December,</HI> 1648. (&s;ome few bu&s;ine&s;&s;es of no great moment intervening) many imperfect and partial Relations of them have been printed <HI>cum Privil gio;</HI> but Mr. <HI>Will. Pryn</HI> in his excellent Speech made in the Hou&s;e of Commons, 4. <HI>Decemb.</HI> 1648. and &s;ince printed, hath &s;et down all the mo&s;t material Arguments on both &s;ides, with great candor and ingenuity, and hath confuted the Enemies to Peace and Accommodation: if &s;trength of Rea&s;on can confute tho&s;e men that follow only their own Intere&s;ts of power and profit, who&s;e wills and lu&s;ts have alwayes bin their own Lawes, and are now become the only Lawes of this Conquered Kingdome: I love not <HI>actum agire,</HI> I referre my Reader therefore to his Speech, and will only trouble him with &s;ome Ob&s;ervations upon this Treaty.</P>
<P>I have &s;aid &s;omething of the <HI>Militia,</HI><NOTE PLACE="marg">14. The <HI>Militia,</HI> and Negative Voice. &s;ect. 62, 63, 64, 106. and the Conclu&s;i|ons. 15, 16, 17.</NOTE> and the Kings <HI>Negative Voice,</HI> in the 1. part of this Hi&s;tory, e&s;pecially in the <HI>Conclu&s;ions</HI> at the latter end; I will only &s;ay that without them the King can|not be a Governing King, but a bare titular King, a picture, a &s;hadow, becau&s;e the protection of the people depends upon the power of the Sword; He cannot protect them and their Lawes with the Scabbard: The Authority of the Scepter followes the power of the Sword; wherefore to give away one, is to lo&s;e both, nor can the Subjects be any longer his Maje&s;ties Subjects, but Slaves to their fellow Subjects, when &s;o many petty Kings (not authorized by any Law of God or Man to protect the People) &s;hall hold the Sword over their Heads, and di&s;tract them with different Opinions, di&s;agree in Commands, according to
<PB N="16" REF="116"> the variety of their &s;everall lu&s;ts, factions, and intere&s;ts: how can the King according to his Coronation Oath and duty (to which God hath called him) Governe and protect his People,<NOTE PLACE="marg">1. part &s;ect. 40. 41, 42.</NOTE> when he hath given away his Sword to a factious Parliament where one Party tyrannizeth over the other, and threatens the other with the longe&s;t Sword? how ab&s;urd and impo&s;&s;ible it is for the Sub|ject to expect protection from one hand, and to &s;weare and pay Allegiance to another hand, that hath dive&s;ted it &s;elf of all power to protect them; let our Lawes, the practice of all Nations and times, and the judgement of the learned&s;t Politicians tell you, who&s;e Maxime is, <HI>Illa optima e&s;t Re&s;publica ubi Princeps qu&agrave;m maximum pote&s;t boni, &amp; qu&agrave;m minimum mali; Prim&ograve; ne nova Tributo indicere, nova victigalia con&s;tituere po&s;&s;it, incon&s;ult&acirc; Re|public&acirc;: Deinde legum condendarum anti quandarumque poenes Rempublicam, non unum aliquem Magi&s;tratum e&s;&s;e debet pote&s;tas; nulla enim in re gravius peccatum admittitur, nu&s;quam graviores turbae minantur qu&agrave;m hi&s;ce de rebus;</HI> That is the be&s;t forme of Government, where the King can doe mo&s;t good, and lea&s;t evill: 1. Let Him be di&s;abled to rai&s;e new Taxes, and lay on new Tribute. 2. Let Him not have the &s;ole power to make or repeale Lawes, which ought to belong to the Common-wealth; not any one Magi&s;trate; for no power is more hurtfull to the people, nor &s;tirres more Commotions then the&s;e two: &s;uch is the Kingdome of <HI>England;</HI> the King hath neither the power of our Pur&s;es, nor the changing of our Lawes in His hands, and if he give away his Sword, he will be &s;uch a King of clouts as can do neither good nor evill, like <HI>Rex Sacrificulis</HI> at <HI>Rome, ea &s;umma pote&s;tas dicitur, qu&acirc; &s;ecundum Leges non e&s;t major neque par;</HI> &s;uch was the Dicta|tor at <HI>Rome,</HI> he had no equall there; <HI>Papyp: cur&s;or dictator,</HI> ad|judged to death his Generall of the Hor&s;e <HI>Fabius,</HI> for fighting a|gain&s;t his command though pro&s;perou&s;ly; and rejected all ap|peale to the Senate and Tribunes of the People; yeilding at la&s;t onely to their prayers, with this &s;aying, <HI>Vicit tandem imperii ma|je&s;tas:</HI> &s;uch is the King of <HI>England,</HI> the Common-wealth cannot compell him to grant a Pardon, or di&s;pen&s;e ju&s;tice or mercy as they plea&s;e; the Oath of Supremacy calls Him <HI>Supreame Gover|nour in all Cau&s;es, over all Per&s;ons,</HI> &s;o doe all our Statutes, to whom in Parliament (which is his highe&s;t &s;phere of maje&s;tie) is
<PB N="17" REF="116"> the la&s;t appeale by Writ of Error, who is, <HI>Principium, caput &amp; finis Parliamenti,</HI> the beginning, head and end of the Parliament: and therefore he onely calls the Parliament, to advi&s;e with him, and di&s;&s;olves it when he is &s;atisfied: He makes Warre and Peaee,<NOTE PLACE="marg">See the 1. part of this Hi&s;tory, <HI>Prolegomena,</HI> 1.</NOTE> and is Protector of the Lawes, and of all ju&s;t intere&s;ts; onely the policy of the Law di&s;ables him to make, repeale, or alter Lawes, or rai&s;e Monies without con&s;ent of both Hou&s;es by Bill pa&s;&s;ed; (which is but an <HI>Embrio</HI> until he quickens it by his Royal A&s;|&s;ent) becau&s;e this way the King may doe mo&s;t hurt, and wrong to his people, (as I have already &s;aid) it being the wi&s;dome of our Lawes to keep the Sword in one hand, and the pur&s;e in ano|ther.</P>
<P>The 1.<NOTE PLACE="marg">15. The 1. Propo&s;i|tion for j<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">&s;ti|fying the Par|liaments, and condemning His owne quarrell.</NOTE> proemial Propo&s;ition for <HI>ju&s;tifying the Parliaments Cau&s;e and Quarrell,</HI> and <HI>condemning his owne Cau&s;e and Party,</HI> was a bitter pill; but an earne&s;t de&s;ire of peace &s;weetned it, and guilded it over, and invited him to &s;wallow it without chawing or ruminating upon it: but how devili&s;h, unchri&s;tian, and illegal a u&s;e the Faction hath made of this extorted confe&s;&s;ion, let God judge.</P>
<P>Their in&s;i&s;ting upon it, <HI>that the King &s;hould take the Covenant,</HI><NOTE PLACE="marg">16. The Covenant endeavoured to be put up|on the King.</NOTE> was an errour in Policy, whereof the rigid Presbyterians are guilty; they (&s;uppo&s;ing the King would take it at la&s;t) &s;tood up|on it, and intended thereby to joyne the King to their Intere&s;t and Party. The more &s;ubtile Independent knew the King would not, nor could not take it; and therefore complyed with the Presbyterians in obtruding it upon him, to break off the Treaty: many things in the Covenant were vaine in the Per&s;on of His Maje&s;ty, as, <HI>that He &s;hould &s;wear to maintain his owne Per&s;on, &amp;c.</HI> which the Law of nature binds him to without an Oath, which in this ca&s;e is idle, and a prophaning of Gods name: &s;ome things in the Oath were contradictory to what the Parliaments Propo&s;i|tions de&s;ired of him, as, <HI>to maintain His own Authority in defence of Religion, Lawes, and Liberties,</HI> which was impo&s;&s;ible for Him to doe unle&s;&s;e he kept the <HI>Militia</HI> in his owne hands, and his <HI>Negative Voice</HI> al&s;o, which that clau&s;e in the Bill of <HI>Militia, That all Bills for leavying Forces &s;hould have the power of Acts of Parliament, without the Royall A&s;&s;ent, &amp;c.</HI> would have deprived him of, by making their Ordinances Acts of Parliament in effect,
<PB N="18" REF="117"> binding to the Per&s;ons and E&s;tates of the People in an Arbitrary way, to their utter en&s;laving: <HI>To &s;weare to Aboli&s;h Bi&s;hops, &amp;c.</HI> was again&s;t his Coronation-Oath, <HI>To &s;ware to extirpate Here&s;ies, Schi&s;mes, &amp;c,</HI> is more then the Independents would permit; <HI>To &s;weare to maintaine the &V;nion between the two Nations,</HI> which the Parliament declare already to be <HI>broken by the Scots Inva&s;ion,</HI> is vaine: be&s;ides, how unju&s;t a thing was it to impo&s;e that Oath upon the King, when mo&s;t Members of the Parliament, Army, and others, are left at large not to take it? The Parliaments De|mands, <HI>That the King &s;hould declare again&s;t the Marque&s;&s;e of</HI> Or|monds <HI>proceedings to unite all the Intere&s;ts of</HI> Ireland <HI>for the &s;ervice of his Maje&s;ty,</HI> was no part of the Propo&s;itions upon which the Treaty was begun, but a &s;ub&s;equent reque&s;t upon an emergent occa&s;ion; and therefore I &s;ee no rea&s;on why the King &s;hould have given any an&s;wer to it, but onely have held him&s;elfe to the original Propo&s;itions, yet he did An&s;wer, <HI>That the whole bu&s;i|ne&s;&s;e of</HI> Ireland <HI>was included in the Treaty, and therefore a happy Agreement thereupon would &s;et an end to all differences there,</HI> which being voted <HI>un&s;atisfactory,</HI> and moved that <HI>a new Declaration might be publi&s;hed again&s;t him;</HI> the King was inforced to put a &s;tand to the Marque&s;&s;es proceedings by his Letter, to his great prejudice; yet the&s;e Declarers again&s;t him do now comply with <HI>Owen Roe Oneale,</HI> and have entertained <HI>O Realy,</HI> the Popes Iri&s;h-Vicar-general in <HI>England,</HI> to negotiate for the Iri&s;h ma&s;&s;acring Rebels with the Parliament: The&s;e things con&s;idered, prove what I finde in our late King <HI>Charles</HI> the 1. mo&s;t excellent Book, Chap. 18. <HI>That it is a Maxime to tho&s;e that are Enemies of peace, to ask &s;omething which in Rea&s;on and Honour mu&s;t be denied, that they might have &s;ome colour to refu&s;e all the re&s;t that is granted.</HI> More ob&s;ervations upon this unlucky Treaty I will not trouble my Reader with, the&s;e being enough to &s;hew the vanity of tho&s;e Propo&s;itions; by the&s;e he may take a &s;cantling of the re&s;t <HI>ex pede Herculem.</HI> I cannot but blame the indi&s;cretion, if not the indi&s;po&s;ition of tho&s;e Commi&s;&s;ioners who cavilled away &s;o much time in the Treaty,<NOTE PLACE="marg">17. <HI>Jones</HI> com|plaines by Let|ters that <HI>Ire|land</HI> was like to be lo&s;t.</NOTE> until <HI>Cromwell</HI> had done his work in the North, and marched up to Towne to make the Treaty in|effectuall.</P>
<P>About the latter end of <HI>Octob.</HI> 1648. Col. <HI>Jones</HI> &s;ent whining
<PB N="19" REF="117"> Letters from <HI>Dublin,</HI> to the Steer&s;men at <HI>Derby</HI>-hou&s;e, complain|ing that <HI>all Ireland was like to unite and pro&s;ecute the Kings Intere&s;t,</HI> and therefore he cried <HI>for help;</HI> but neither the &s;aid Committee, in their con&s;ultations, nor the Army in execution of what was re&s;olved, could agree among&s;t them&s;elves: the Engro&s;&s;ers and Monopolizers of Oligarchy into a few hands, de&s;iring to make them&s;elves a Corporation of Tyrants, &s;u&s;pect an oppo&s;ition from the Levellers; and would faine turn them out of the King|dome, into <HI>Ireland,</HI> to &s;eek their fortunes, and practice their Levelling principles in a &s;trange Land: The Levellers (more nu|merous in the Army, though le&s;&s;e numerous in the &s;aid Commit|tee) &s;train courte&s;ie with their Betters, and would have them go fir&s;t, thinking the &s;eeds of liberty and equality will pro&s;per better in the &s;oyle and aire of <HI>England;</HI> While they were di&s;pu|ting, if Marque&s;&s;e <HI>Ormond</HI> had been acting (as he had been, had not the King been nece&s;&s;itated to retard him, by his &s;aid Letters, &s;ent from the <HI>I&s;le of Wight</HI> during the Treaty,) the King had reco|vered that Kingdom intirely to him&s;elf, which had bin of great advantage to him.</P>
<P>The 20. <HI>Novemb.</HI> 1648. Col. <HI>Ewers</HI> with &s;even or eight Officers more, pre&s;ented at the Hou&s;e of Commons Barre a thing called (by tho&s;e that u&s;e to mi&s;cal things,) <HI>An humble Remon&s;trance of the Army:</HI> It is founded upon the&s;e five Anarchical Principles. 1. <HI>That them&s;elves and their faction only</HI> (whom they call exclu&s;ive|ly, the Well-affected, Godly, Hone&s;t Party, the Saints) <HI>are the People of England;</HI> all the re&s;t but Phili&s;tines, Amorites, or (at the be&s;t) but Gibeonites. 2. <HI>That their Intere&s;t only is the publick Intere&s;t of the People.</HI> 3. <HI>That the People</HI> (that is, them&s;elves) <HI>are the only competent Judges of the peoples &s;afety</HI> (contrary to the Lawes and Practice of all Nations, which be&s;tow that Preroga|tive only upon the Supreme Magi&s;trate) but it may be here lies hid another &s;ub&s;equent principle, <HI>That they are the Supreme Ma|gi&s;trates, armed with Supreme Authority, as well as with their Swords,</HI> and hereupon, they as good as tell the Hou&s;e, <HI>That if their &s;up|po&s;ed dangers be not removed, and tho&s;e remedies which they Re|mon&s;trate admitted, they &s;hall make &s;uch appeal to God,</HI> (that is, their Sword) <HI>as formerly they have done.</HI> 4. Principle is con&s;equen|tial to the 3. <HI>That they may drive on their de&s;igne</HI> (upon pretence
<PB N="20" REF="118"> of nece&s;&s;ity, &s;elf-pre&s;ervation, hone&s;t intentions, providence, or revelation) <HI>again&s;t all Powers, Formes of Government, and Lawes what&s;oever,</HI> under colour of the much abu&s;ed Maxime, <HI>Salus Po|puli Supremae Lex e&s;to,</HI> the &s;afety of the People is the Supreme Law; which hath been the fruitful Mother of many Rebellions in all Ages, to &s;erve the corrupt ends of ambitious Per&s;ons; who u&s;u|ally fi&s;h in troubled waters to attaine to tho&s;e ends which they could never arrive at in &s;etled Governments. This is a Principle, or new light di&s;covered by Major <HI>Huntington, That it is lawfull to pa&s;&s;e through any formes of Government, for accompli&s;hment of their ends, and therefore either to purge the Hou&s;es, and &s;upport the remaining Party by power everla&s;tingly, or put a period to them by force:</HI> and them&s;elves imploy as much in this Remon&s;trance, <HI>p.</HI> 45. &s;aying, <HI>It cannot be &s;afe to accommodate with the King, becau&s;e if He returne, and this Parliament continue long and unlimited, He will make a Party among&s;t them; He hath bid faire for it among the Commons already, and the Lords are his owne out of Que&s;tion; and therefore we dare not tru&s;t the King among&s;t them.</HI> Againe they &s;ay, <HI>That if the King come into the Parliament, He will be looked upon as the Repairer of breaches, Re&s;torer of trade, peace, plenty, &amp;c. and if the Army &s;hould keep up (as it mu&s;t) upon Taxes, the Hou|&s;es and Army will be looked upon as Oppre&s;&s;ors; and the jealou&s;ies and di&s;contents of the People be increa&s;ed again&s;t them, and make them apt to joyne i&s;&s;ue with the Kings intere&s;t, and may yeild us up a &s;acri|fice to appea&s;e the King and his Party;</HI> out of the&s;e words, and their owne practice, I concluded for them, <HI>ergo,</HI> They may carry on their de&s;igne upon nece&s;&s;ity for &s;elf-pre&s;ervation, again&s;t the Monarchical Government, and Law of the Land, to <HI>murder the KING,</HI> as they have &s;ince done. Againe they &s;ay, <HI>If the King were returned, each Party would &s;trive fir&s;t, and mo&s;t to comply with Him, ergo,</HI> there is a nece&s;&s;ity to &s;ubvert the Kingdome and <HI>mur|der the KING.</HI> Behold what u&s;e the&s;e cowardly Saints make of nece&s;&s;ity, and &s;elf-pre&s;ervation. 5. <HI>That they may appeale to their Sword again&s;t the Authority of any their Governours, in order to publique &s;afety;</HI> which two la&s;t conclu&s;ions &s;et the door wide open to Faction and Rebellion; &s;ince the People are ever float|ing and given to change, and every turbulent ambitious Fellow, is apt to rai&s;e them into a &s;torme again&s;t their Governours, for
<PB N="21" REF="118"> their fabulous a&s;&s;ertions wherewith the&s;e Saints u&s;ually guild over their foule actions, 1. <HI>That the Hou&s;es were free when they pa&s;&s;ed the</HI> 4. <HI>Votes for Non-Addre&s;&s;es.</HI> 2. <HI>That they were not free when they recalled them.</HI> 3. <HI>That the People were quiet and conten|ted untill the recalling tho&s;e</HI> 4. <HI>Votes; and afterwards were un&s;etled, and pre&s;ented clamorous Petitions.</HI> 4. <HI>That the Army did not ap|ply them&s;elves to the King untill he proffered him&s;elf to them.</HI> 5. <HI>That when they made Addre&s;&s;es to Him, it was but to prevent the Pre&s;|byterian Party.</HI> But it appeares, their ayme (from the begin|ning) was to &s;uppre&s;&s;e the Presbyterian, and advance their owne Party, and lay by the King, and domineer over Him and the Kingdome; for when <HI>Cromwel</HI> had brought his De&s;igne to perfection, he &s;aid at <HI>King&s;ton, That he was as fit to rule the King|dome as Hollis.</HI> 6. And then but hypocritically.<NOTE PLACE="marg">Sect. 65.66, 68, 69, 70, 71, 72, 73, 74, 75, 88, 89, 97, 98.</NOTE> All the&s;e are &s;uf|ficiently confuted in my &s;aid <HI>Animadver&s;ions,</HI> and in the &s;aid Plea, for the King and Kingdome, in <HI>Putny Projects,</HI> and in my <HI>Fir&s;t part of the Hi&s;tory of Independency.</HI> After all this tedious &s;tuffe afore&s;aid, they make Propo&s;itions to the Parliament of two &s;orts, all founded upon the &s;aid five Antimonarchical Prin|ciples; The fir&s;t for <HI>&s;atisfying publique Ju&s;tice,</HI> (that is, for the Hang-man to teach the Judges who they &s;hall &s;entence to exe|cution) 1. They demand, <HI>the Per&s;on of the King may be brought to &s;peedy Ju&s;tice;</HI> this affront they put upon the Parliament when they were neer conclu&s;ion of their Treaty with Him: when He had already granted more to his Subjects than ever any King conde&s;cended to:<NOTE PLACE="marg">The Kings Su|premacy; and from thence his indempni|ty proved.</NOTE> this is through the &s;ides of the King to give Monarchy, the fundamental Government, and Lawes of this Land, and con&s;equently the Liberty and Property of the People, their Deaths-wound. By the Law of God, nature, rea&s;on, and the Lawes of all Kingdomes impunity is an in&s;eparable prerogative of Kings, as they are Supreme in their Dominions;<NOTE PLACE="marg">See the Oaths of Allegiance, Supremacy. Stat. of Recog|nition. 1 <HI>Jac. Cokes.</HI> In&s;titut. 5.1. <HI>Stamford's</HI> Pleas of the Crowne, l. 1 ch. 1, 2, Stat. 25. <HI>Edw.</HI> 3, 42. <HI>E.</HI> 3. Read Mr. <HI>Pryns Memento</HI> to the un|parliamentary Iunto, his Speech in the Hou&s;e of Commons, 4. Dec. p. 72, 73, 74, 75, 76, 77. and my 1. part, &s;ect. 106. The Conclu&s;ions; &s;ect. 17. and my Animadver&s;ions. p. 18.</NOTE> the <HI>Petition of Right,</HI> 3. <HI>Caroli,</HI> Declares, <HI>That they had no power to hurt the Kings Prerogative,</HI> much le&s;&s;e (I think) to hurt his Per&s;on, the Lawes, are the Kings Lawes; Courts the Kings Courts: Judges his Judges; Great Seale, his Seale; Writs, the Kings Writs;
<PB N="22" REF="119"> the Ju&s;tice and Peace of the Land are his, con&s;equently the Warrs his Warrs; he is the fountain of all Authority as well as of all Honour;<NOTE N="*" PLACE="marg">1 <HI>Pet.</HI> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">.13 H<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">e the King is called <HI>Su|p<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e,</HI> not <HI>the People;</HI> and tho<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">gh &s;aid to be an ordi|nance of man in &s;ome re|&s;pects, yet St. <HI>Paul, R<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">m.</HI> 13. &s;aith, He is ordain'd of God: 2. Gover|nours are di|&s;tingui&s;hed, the King is &s;u|preme, and Governors are &s;ent by him, and his Com|mi&s;&s;ion. Be|&s;ides, it ap|pears, <HI>Gen.</HI> 3.16. and 4.7. God gave not to all men that freedom which is &s;up|po&s;ed the foundation of &s;upremacie, in the people; He made them not Ma|&s;ters of their own liberty, for even then he laid the foundations of obedience in <HI>Abel</HI> to <HI>Cain&punc; Eve</HI> to <HI>Adam.</HI> If a people chu&s;e a King, it is the act of every particular man, of whom the Commo|nalty con&s;i&s;ts; and each individual, nor the whole Commona<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ty can give him more pow|er then him&s;elf hath. But no man hath power over his own life, neither arbitrarily, nor judicially; but on<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">y over his liberty, which he may &s;o give away, as to make him&s;elfe a &s;ubject, or a &s;lave, this makes him &s;o cho&s;en a Ruler, or Protector of them, who have part|ed with their liberty, and &s;ubjected to him; and then God, (who only hath power of life and death, inve&s;ts the King with power to be the Mini&s;ter of God, to exec<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">te venge|ance, not bearing the Sword in vain, <HI>Rom.</HI> 13. See Dr. <HI>Hammonds</HI> Letter to the <HI>L. Fairfax, Jan.</HI> 5. 1648.</NOTE> <HI>Thou &s;halt not &s;peak ill of the Governour of the People:</HI> therefore not accu&s;e him. The King hath no Superiour nor equal in <HI>England,</HI> contrary to that fal&s;e di&s;tinction of the <HI>Ob&s;ervator,</HI> that he is, <HI>Major &s;ingulis, minor univer&s;is.</HI> When <HI>David</HI> would have gone forth to Battel, his Army di&s;&s;waded it, u&s;ing the&s;e rea&s;ons, <HI>If we flee, they will not care for us, n<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ither if halfe of us die, will they care for us; But thou art worth ten thou&s;and of us:</HI> Here you &s;ee the King is reckoned, <HI>major univer&s;is,</HI> more than all his Army; and yet that Army was (at that time) in ef|fect, all the well-affected of the Land; and therefore (by the A|narchical Principle afore&s;aid) the only People of the La<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">d; for further proof hereof I appeal to all our Laws and Statutes, how will they Try him? Who &s;hall Judge him? who are his Peers, that he may be Legally Tryed like a Freeborn man (for &s;ure they cannot deny him that right) according to <HI>Magna Charta, per legale judicium parium &s;uorum?</HI> It is a grounded Maxime in our Lawes, <HI>The King can do no wrong;</HI> wherefore then will they Try him, for doing no wrong? The policy and civility therefore of our Lawes, (and of our Parliament too, in all their Declarations, Remon&s;trances, &s;o long as they continued (in any &s;tate or degree of innocency) always accu&s;ed his Evil Coun&s;el|lours and Mini&s;ters, and freed Him&s;elf, le&s;t they gave advanta|ges to ambitious men, <HI>Ab&s;alom</HI>-like, to &s;candalize and di&s;honour him, and render him low and vile in the eyes of the People; to the di&s;turbance of the peace of the King and Kingdoms, and &s;ha|king of the Royal Throne which is alwayes accompanied with an earth-quake of the whole Land. Saint <HI>Peter</HI> bids us, <HI>Submit to every ordinance of man for the Lords &s;ake, whether it be to the King as &s;upreme, or unto Governours, as tho&s;e that are &s;ent by him.
<PB N="23" REF="119"> As free, and not u&s;ing your liberty for a cloake of malitiou&s;ne&s;&s;e,</HI> but <HI>Feare God, Honour the King:</HI> But the&s;e rebellious Saints abu&s;ing Chri&s;tian liberty for a cloake of malitiou&s;ne&s;&s;e, will (according to their 4^t^h Antimonarchical Principle) make the giddy, ignorant, tumultuous, many-headed multitude Judges of their King, and make the confu&s;ed Rabble his Superiours, thereby &s;etting up two Superiours one contradictory to the other, and &s;o turn the King|ly Government into a popular Military Government, aboli&s;h our Lawes, and leave all to the power of the Sword in an Arbi|trary way, to carry on their de&s;igne: to which purpo&s;e they have lately cau&s;ed their Journey-men, the pre&s;ent Hou&s;e of Com|mons, to Vote, (contrary to our knowne Lawes) <HI>That the Su|preme Authority of this Nation is in the People of England,</HI> and therefore in them&s;elves as their Repre&s;entative. This is a 6. A|narchical Principle of the Army and their Party, who wanting rea&s;on to prove it, a&s;&s;ert it by the Authority of their Mock-Par|liament, and mu&s;t now make it good by the Sword to ju&s;tifie their proceedings again&s;t the King and People. The&s;e popular principles are meer empty notions, whereby the Grandees draw the Supreme Authority thorow the People to them&s;elves, the better to en&s;lave them; for the liberty of the Commons doth not con&s;i&s;t in a licentiou&s;ne&s;&s;e to interrupt the Government of their Superiours, and change the Government according to their fancies; but the liberty of the People con&s;i&s;ts in the enjoying the fruits of their labours, their goods, po&s;&s;e&s;&s;ions, e&s;tates, and their per&s;onal liberty, according to the knowne Lawes of the Land. When <HI>Harry Martyn</HI> in <HI>Bark&s;hire</HI> forbade the People <HI>to &s;tand bare at the Se&s;&s;ions, and doe homage and fealty to their Lords;</HI> he gulled them; and gave them that which was not their due, to rob them of that which was their due; their Hor&s;es, Goods, Money, plun|dred from them, for &s;ervice of the State (for&s;ooth) and beat them that defended their owne; &s;o that while he flattered them to be the Supreme Authority and Lords Paramount, and the Par|liament to be their Servants; he u&s;ed them like Slaves conquered by the Parliament. Be&s;ides, it is not all the People, nor the thou|&s;andth part of them, but a few covetous, ambitious men, that de|&s;ire to bring the King to capital puni&s;hment, and &s;ubvert our fundamental Government and Lawes, that have u&s;urped the
<PB N="24" REF="120"> power of the Kingdome into the hands of their Faction, and now require this to keep them&s;elves from being called to ac|count. The &s;econd Demand tends to di&s;inherit his Po&s;terity, viz. <HI>That the Prince and Duke of</HI> Yorke <HI>come in by a day appointed, and acquit them&s;elves of their capitall Delinquency, or el&s;e to be Declared incapable of Government, and to die without mercy, if af|terwards found in the Kingdome;</HI> th<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">s Summons is but to in&s;inuate their guilt; if they refu&s;e to appeare, as rea&s;on tells us they mu&s;t and will. This is to &s;hut the door after Monarchy, and keep it out for ever; in farther pur&s;uance, they demand <HI>the Revenue of the Crowne</HI> to continue &s;till in Huck&s;ters hands to pay <HI>publique Debts,</HI> and repaire the Lo&s;&s;es of the People, (that is) them&s;elves. The &s;econd &s;ort of Propo&s;itions are, for &s;etling of the Kingdome upon their owne Grounds and Intere&s;t, <HI>That a certaine period be &s;et to this Parliament, by which time the Supreme tru&s;t in them may returne unto the People:</HI> that is, &s;till to them&s;elves and their Faction, the new erected Committee of State, the <HI>hogen mogens</HI> at <HI>White-hall.</HI> Thus you &s;ee having removed out of the way the King, the fir&s;t and mo&s;t vi&s;ible legall Authority: they will now put downe the Parliament, the &s;econd vi&s;ible Authority of <HI>Eng|land,</HI> who are now the onely Bulwarke again&s;t the Tyranny of the Sword, and then (as Major <HI>White</HI> &s;aid at <HI>Putney</HI> long &s;ince) there will be no vi&s;ible Authority left in <HI>England</HI> but the power of the Sword, which will introduce a new Parliament, or rather fanta&s;tical new invented Repre&s;entative (de&s;tructive to Parlia|ments) all of their owne Creatures: as appeares by their next Propo&s;ition, concerning &s;ucce&s;&s;ion of Parliaments. 2. <HI>That n<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ne &s;hall be capable of Electing,</HI><NOTE PLACE="marg">This is &s;o explained by the <HI>Moderate</HI> (one of the ra|ling Pen-men of the Faction who hath a large &s;hare in the 500. or 600. a year allowed to the&s;e Pamphletires, for divulging State-lies and &s;landers among&s;t the Peo|ple) who from <HI>Novemb.</HI> 14. to <HI>Novemb.</HI> 21. 1648.) Number. 19.) defineth the People of <HI>England</HI> to be onely &s;uch as have not engaged for the King; and &s;uch as &s;hall &s;ign to the Agreement of the People, which is to be above Law; and all the re&s;t are to be Disfranchi&s;ed.</NOTE> <HI>or being Elected, that have engaged a|gain&s;t the publique Intere&s;t,</HI> (that is, the Intere&s;t of them and their Party, as appeares by their 5. Anarchical Principles in the begin|ning of this Paragraph) <HI>nor any that oppo&s;e this Agreement:</HI> By what Authority (but the arbitrary &s;way of the Sword) &s;hall Free|men be Disfranchi&s;ed, and lo&s;e their Birth-rights for not changing the fundamentals of Parliaments, Government, and Law, and
<PB N="25" REF="120"> yeilding them up to the lu&s;ts of an Army of Rebels, that bragge they have Conquered the Kingdome, and we are their Slaves? 3. <HI>That Elections may be &s;o di&s;tributed, as to render the Hou&s;e of Commons a Repre&s;entative of the whole People,</HI> (that is, tagge and ragge and Canting Beggers, who have nothing to give or lo&s;e, as well as Free-holders) &s;o farewel Writs of Summons, and all orderly, legal formes; if all men, without any di&s;tinction, may Elect, and be Elected, all will fall into confu&s;ion; the Rabble will never agree, all things will tend to Riots and Tumults; &s;o that the better and &s;oberer fort will, and mu&s;t forbeare, and leave all in the hands of the Ra&s;callity, and at la&s;t no Repre&s;en|tative will be cho&s;en, or &s;uch an one as the People will be a&s;ha|med to owne, and will de&s;ert them, and leave them to be orde|red at the plea&s;ure of the Army. 4. Prop. <HI>That our Kings hereaf|ter may be Elective, and di&s;claime a Negative Voice:</HI> how frequent Civil Warres are in all Elective Kingdomes during the <HI>inter|regnum,</HI> or &s;pace between the death of the old, and choice of the new King; how obnoxious to the Souldiery, let the old Em|perours of <HI>Rome,</HI> tho&s;e later of <HI>Germany,</HI> the Kingdome of <HI>Po|land,</HI> and heretofore <HI>Bohemia,</HI> and <HI>Hungary</HI> tell, all Hi&s;tories are full of examples; yet if our elective Kings &s;hall have neither the <HI>Militia,</HI> nor a <HI>Negative Voice</HI> in Councels, and the <HI>Crowne Reve|nues</HI> be otherwi&s;e di&s;po&s;ed of (as is inferred) and their Heads expo&s;ed to the humours of the People, or their Repre&s;entative, the Office will be &s;o unworthy of any wi&s;e man, that I do by the&s;e pre&s;ents freely give my voice to the Lord <HI>Fairfax,</HI> and &s;o unfit for any hone&s;t Gentleman; that I do hereby give my voice to <HI>Cromwell</HI> the perfidious Brewer; catch who catch can, let them agree among&s;t them&s;elves, I care not which of the two &s;hall be &s;et up for the new States Scar-Crow. This <HI>Remon&s;trance</HI> was about a Week after &s;econded with a mo&s;t in&s;olent threatning <HI>Declara|tion,</HI> compo&s;ed altogether to terror; it was occa&s;ioned as fol|loweth. About the latter end of <HI>November,</HI> the Parliament was informed the Army was upon their march to <HI>London,</HI> whereupon (not without great oppo&s;ition by the Armies Party in the Hou&s;e, and with great caution it &s;hould be mannerly phra&s;ed for feare of angring his in&s;olency) a Letter was Voted to be &s;ent the Ge|nerall, forbidding his neerer approach. In contempt whereof
<PB N="26" REF="121"> the Army immediatly printed the &s;aid <HI>Declaration,</HI> accu&s;ing the Parliament of <HI>Breach of Tru&s;t, Lightne&s;&s;e, Incon&s;tancy, Indi&s;cre|tion,</HI> &s;aying, <HI>They would appeale from them to the People</HI> (that is, &s;till them&s;elves; you &s;ee they hold one and the &s;ame Rod over King and Parliament) and threatning <HI>to advance pre&s;ently to We&s;t|min&s;ter, to doe what God &s;hould enable them unto:</HI> The &s;ame night they came to <HI>Hyde</HI>-Parke-corner, and kept Guards there: Here|upon it was put to the Que&s;tion; <HI>That the Armies approach was prejudiciall to the freedome of Parliament?</HI> but through the cow|ardice of &s;ome, who&s;e hearts now began to melt, and the impu|dent re&s;tle&s;&s;e bawling of tho&s;e cheating Saints, that comply with the Army to keep them&s;elves from giving Accounts, it pa&s;&s;ed in the Negative.</P>
<P><NOTE PLACE="marg">19. The Kings Conce&s;&s;ions debated; and young S. <HI>Hen Vanes</HI> in&s;o|lency.</NOTE><HI>Decemb.</HI> 2. The Kings An&s;wer was debated; and as a prologue to it, young Sir <HI>Henry Vane</HI> (a Whelpe of the Old Curre) &s;pake thus, <HI>Mr. Speaker, By this Debate we &s;hall know who are our Friends, and who are our Foes; or to &s;peak more plainly, We &s;hall di&s;|cover who are the Kings Party in the Hou&s;e, and who the Peoples:</HI> To which was An&s;wered, <HI>That &s;ince this Gentlemen were &s;o bold, to deale thus by way of prevention, in a threatning manner; and had fore|judged and divided the Hou&s;e into two parts: I hope it is as lawfull for me (who am no Grandee, nor no Gainer by our troubles,) to put you in minde of another Divi&s;ion of the Hou&s;e. Sir, you will find &s;ome de&s;irous of peace, and they are Lo&s;ers by the Warre; Others are a|gain&s;t peace, and tho&s;e are Gainers by the Warre, My humble mo|tion is, that the Gainers may contribute to the Lo&s;ers, that we may all &s;tand upon equall feete for till then, the Ballance of the Common|wealth will never &s;tand right towards a &s;ettlement.</HI> True je&s;ts bite &s;ore. He and his Syre oppo&s;e peace: le&s;t the Kings Revenue being re&s;tored, they &s;hould lo&s;e a good Trade there: the old Dogge is Chair-man of that Committee; the young one is a prin|cipal Publican and Trea&s;urer; they get con&s;tantly above 6000 l. <HI>per annum,</HI> between them be&s;ides private cheats by paying half Debts, and taking Acquittances for the whole; and then di&s;|counting for the whole; buying in old &s;leeping Pen&s;ions for trifles, that have not been payed in many yeares, and paying them&s;elves all Arreares, <HI>Cornelius Holland</HI> is Servant to them both, and hath gotten as much wealth as makes him &s;awcy e|nough
<PB N="27" REF="121"> to hire <HI>William Lilly,</HI> and other Pamphletiers to derive his Pedigree from <HI>John Holland</HI> Duke of <HI>Exeter,</HI> although it be knowne he was originally a Link-boy, but he is now one of the New Lights, an illuminated Brother. Ma&s;ter <HI>Pryn</HI> moved the de|bate of the Kings An&s;wer might be laid a&s;ide until it was a free Parliament not environed by the Army: but (&s;aid <HI>Mr. Rich. Nor|ton) Take heed what you &s;ay again&s;t the Army, for they are re&s;olved to have a free Parliament to Debate the Kings An&s;wer, if we re|fu&s;e.</HI></P>
<P>This day the General took po&s;&s;e&s;&s;ion of <HI>White-Hall</HI> for his Quarters,<NOTE PLACE="marg">20. The Generall Garri<GAP DESC="illegible" EXTENT="1 letter">ons <HI>White-hall</HI> and the <HI>Mewes</HI> up|on h<GAP DESC="illegible" EXTENT="1 letter">s owne head.</NOTE> as if he meant to keep out the King in defiance of the Treaty: he brought to Towne with him foure Foot Regiments, and &s;ix Regiments of Hor&s;e; part whereof quartered at <HI>White-Hall,</HI> the re&s;t in <HI>Yorke Hou&s;e,</HI> and other great Hou&s;es; the Hor&s;e turned the Reformado Hor&s;e Guards that attended the Hou&s;es, and lodged in the <HI>Mewes</HI> by their order, out of their Quarters, without applying them&s;elves to the Hou&s;es.</P>
<P>Upon Monday, <HI>Decemb.</HI> 4.<NOTE PLACE="marg">21. T<GAP DESC="illegible" EXTENT="1 letter">e Hou&s;e in|form'd that the King was &s;urprized by the Army, and ca<GAP DESC="illegible" EXTENT="2 letters">ied Pri&s;o|ner to <HI>Harst Castle.</HI></NOTE> News came to the Hou&s;e that <HI>by &s;everall Orders from the Generall, His Maje&s;ty was &s;eized in His Bed-chamber, and hurried away Pri&s;oner to</HI> Hur&s;t Ca&s;tle, <HI>a Block|hou&s;e out of the</HI> I&s;le of Wight, <HI>&s;tanding about a mile and a half in the Sea, upon a Beache full of mud, and &s;tinking oaze upon low tydes; having no fre&s;h-water within two or three miles of it, bitter cold, and of a foggy and pe&s;tilent ayre, &s;o noy&s;ome that the Guards thereof are not able to endure it long without &s;hifting their Quarter.</HI> This was a torment beyond Pi&s;toll and Poy&s;on, many &s;pake again&s;t the in|&s;olency of this fact, as being committed again&s;t the life of the King, and again&s;t the honour and publique faith of the Parlia|ment; who had Voted, <HI>He &s;hould Treat in Honour, Freedome and Safety, in Newport in the</HI> I&s;le of Wight; and had accepted His Royall Word <HI>not to withdraw out of the I&s;land during the Treaty, nor in</HI> 20. <HI>daies after;</HI> (which were not yet expired) and now to have the Hou&s;es debates and re&s;ults fore-&s;talled, and the Treaty made fru&s;trate by &s;uch an act of violence and prevention com|mitted upon the Per&s;on of the King, was a pre&s;umtuous and rebellious act: It was moved therefore <HI>that it might be Declared That his Maje&s;ty was removed out of the</HI> I&s;le of Wight <HI>by his Ex|cellencies Warrant, without the con&s;ent or privity of the Hou&s;e:</HI> But
<PB N="28" REF="122"> tho&s;e Members that Idolize that Bell and the Dragon, <HI>the Army,</HI> and are but Prie&s;ts fatting them&s;elves upon the Sacrifices of that Image; in&s;i&s;ted upon it to have two words amended in the Que|&s;tion, 1. The word <HI>[Declare]</HI> would be con&s;trued to be a Decla|ring again&s;t the General and Army: 2. The word <HI>[Con&s;ent]</HI> to be left out, le&s;t it argued a di&s;agreement in opinion and practice between the Army and the Hou&s;e, as if the Hou&s;es di&s;&s;ented from it. And certainly tho&s;e Gentlemen that &s;tood upon the&s;e nice|ties, could not &s;ay, it was done with their con&s;ent, for it was hatched in the Junto; &s;o it was barely voted, <HI>To be done without privity of the Hou&s;e,</HI> neverthele&s;&s;e,</P>
<P><NOTE PLACE="marg">22. The D<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">bate upon th<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> King<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> An&s;wers re&s;u|med.</NOTE>The &s;ame day, they re&s;olved to re&s;ume their la&s;t Saturdaies de|bate upon the Kings An&s;wers to the Propo&s;itions of both Hou|&s;es: The fir&s;t Que&s;tion debated was, <HI>Whether they were &s;atisfactory or no?</HI> The Army Party argued, <HI>They were not &s;atisfactory becau&s;e the King had not granted all their Propo&s;itions in Terminis:</HI> To this was An&s;wered, <HI>That the&s;e Propo&s;itions were not &s;ent to his Ma|je&s;tie as Bills to be pa&s;&s;ed in Terminis, without debate: but as Propo|&s;itions to be Per&s;onally Treated upon,</HI> (as the Votes of both Hou&s;es, and the In&s;tructions of their Gommi&s;&s;ioners prove) now it is a|gain&s;t the nature of all Treaties Per&s;onall, to tie up the Parties of either &s;ide &s;o preci&s;ely, that they &s;hall have no liberty to vary in any circum&s;tance or particular; &s;o that if all be not preci&s;ely gran|ted, the Conde&s;centions &s;hall not be &s;atisfactory, though all ju&s;t things are yeilded to; as appeares by all Treaties between Nation and Nation where their fir&s;t demands are never fully granted, but alwaies qualified and limited, if not dimini&s;hed, the rule being, <HI>Iniquum pitas ut ju&s;tum feras;</HI> &s;o in all Treaties between Enemies, Party and Party, &s;ee Mr. <HI>Pryn's</HI> &s;aid Speech, <HI>Decemb.</HI> 4. 1648. where to avoid cavils, he waves this equivocall Que&s;tion, and propounds the Que&s;tion anew in the&s;e termes, <HI>Whether the Kings finall An&s;wers to the Propo&s;itions of both Hou&s;es in this Treaty, con&s;idered altogether, be not &s;o full and &s;atisfactory in them&s;elves, that this Hou&s;e may, and ought accept of, and proceed upon them for the &s;peedy &s;etlement of a &s;afe and wel-grounded Peace both in Church and Common-wealth, rather than reject them as un&s;ati&s;|factory, and &s;o hazard the lo&s;&s;e of all, and the perpetuating of our Wars and mi&s;eries?</HI> This he held in the Affirmative, with &s;o many
<PB N="29" REF="122"> &s;trong and &s;olid Rea&s;ons, Arguments, and Pre&s;idents both out of Divinity, Law, Hi&s;tory, and policy; and with &s;o cleare a confu|tation of the oppo&s;ite Arguments, that no man took up the Bucklers again&s;t him to refute him: the Arguments are too ma|ny, and too long to be here repeated. Nor doe I love to abridge that which hath little or nothing in it &s;uperfluous; or to make that &s;hort-lined by epitomizing it (&s;uch is the lazine&s;&s;e of men to preferre Epitomies before Large works) which I de&s;ire &s;hould be long-lined, and pa&s;&s;e through many hands: This Debate la&s;ted until Tue&s;day morning, 5. <HI>Decemb.</HI> eight of the clock (the Inde|pendents hopeing to tyre out and fright away the moderate men) and then it was Re&s;olved upon the Que&s;tion (notwith&s;tanding the terrors and menaces of the Army) <HI>That the An&s;wers of the King to the Propo&s;ition of both Hou&s;es, are a ground for the Hou&s;es to proceed upon, for the &s;ettlement of the peace of the Kingdome;</HI> It was carried affirmatively by 140 Voices, again&s;t 104. that this Que&s;tion &s;hould be put, and the Que&s;tion it &s;elfe was carried cleerly Affirmative without dividing the Hou&s;e: pre&s;ently after this Hou&s;e appointed a Committee of 6. Members to attend the General, to conferre with him and his Officers&punc; and keep a good corre&s;pondency between the Hou&s;e and the Army; who had &s;o much &s;urly pride, and &s;o little manners, as to give them leave to take a nap of three or four houres long (after their nights watch|ing) before admittance, and at la&s;t di&s;mi&s;&s;ed them with this churli&s;h An&s;wer, <HI>That the way to corre&s;pond, was to comply with the Armies Remon&s;trance:</HI> The Hou&s;e adjourned until VVedne&s;day following.</P>
<P>VVedne&s;day, <HI>Decemb.</HI> 6. 1648.<NOTE PLACE="marg">23. The Armies trea&s;onable violence upon the Hou&s;e in &s; curing and &s;ecluding their Members.</NOTE> The Saints militant being en|raged that the Hou&s;e had recovered &s;o much courage and hone&s;ty as to Vote according to their Con&s;ciences, and neglect their wild Remon&s;trance and threatning Declaration, (after &s;ome private conference in the morning between <HI>Pride, Hew&s;on</HI> and other Offi|cers, and the Speaker in <HI>We&s;tmin&s;ter-hall</HI> with the dores &s;hut (they &s;ent to the Hou&s;e of Commons a Paper, requiring <HI>that the impea|ched Members and M. G.</HI> Browne, (who they belied to have called in Hamilton) <HI>might be &s;ecured and brought to ju&s;tice, and that the</HI> 90. <HI>and odde Members who refu&s;ed to Vote again&s;t the late Scoti&s;h En|gagement, and all that Voted for recalling the</HI> 4. <HI>Votes for Non-Ad|dre&s;&s;es,
<PB N="30" REF="123"> and Voted for a Treaty, and concurred in Ye&s;terdaies Vote, [That the Kings conce&s;&s;ions were a ground for the H<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">&s;e to proceed to a Setlement:] may be immediately &s;u&s;pend t<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e H<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">u<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e, and that all &s;uch faithfull Members who are inn<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">cent of <GAP DESC="illegible" RESP="pdcc" EXTENT="1 span"> s would by Prote&s;tation acquit them&s;elves from any <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> in them that they may be di&s;tingui&s;hed:</HI> This is <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">o &s;ubv<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">t the foundation of Parliaments, and appeale to the judgement of the many-headed multitude without doors, and put all into Tum<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">lts. You &s;ee what kind of Parliament the Kingdome hath had ever &s;ince the Army Rebelled and Refu&s;ed to Disband: a <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">eer <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ree-Schoole, where <HI>Crommel</HI> is Head-&s;chool-ma&s;ter, <HI>Ir<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">n</HI> U&s;<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">, and (that cypher) <HI>Fairfax</HI> a Prepo&s;iter; &s;urely the&s;e <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">en are either the &s;upreme Judges, or the &s;upreme Rebels and Tyrants of the Kingdome: This Paper was delivered in, but they &s;corning to &s;<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ay for an An&s;wer, (by advice of their Independent Grandees of the Junto) upon Wedne&s;day morning, <HI>Decemb.</HI> 6. 16<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">8. Sent two or three Regiments of Hor&s;e and Foot to <HI>W<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">&s;tmin&s;ter,</HI> &s;et &s;trong Guards at the Hou&s;es doors, the <HI>Lobby</HI> c<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">aires, and at every door leading towards the Hou&s;e, admitting none but Parliament men to enter <HI>We&s;tmin&s;ter-hall,</HI> where Col. <HI>Pride,</HI> Col. <HI>H<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">w&s;on,</HI> and <HI>Hardres Wal|ler</HI> (&s;ometimes a Cavalier, then a violent Presbyterian, and now a tyrannical <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ndependent) violently &s;eized upon divers Knights and Burge&s;&s;es upon the <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">arliament &s;taires and el&s;where going to the Hou&s;e, and forcibly carried them away Pri&s;oners to the Queens Court without any warrant &s;hewed, or cau&s;e a&s;&s;igned: and there &s;et &s;trict Guards upon them, Mr. <HI>Edward Stephens</HI> and Col. <HI>Birche</HI> being in the Hou&s;e of Commons were called forth by feigned Me&s;&s;ages &s;ent in by &s;ome Officers under other Mens Names, and there violently pulled out of the door, though they called to the Speaker to take notice of the force. The Hou&s;e &s;ent the Sergeant of the <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ace to command the Impri&s;oned Members attendance: but the Guards would not let them come. A &s;econd time the Sergeant was &s;ent with his Mace upon the &s;ame Errand, but Col. <HI>Pride</HI> in the <HI>Lobby</HI> would not let him pa&s;&s;e: which contempt was entred in the <HI>Journall Book.</HI> Hereupon the Hou&s;e concluded not to proceed in bu&s;ine&s;&s;e until their Mem|bers were re&s;tored; and &s;ent to the General about it: yet af|terwards when the Officers had &s;everal dayes &s;ecured, &s;ecluded,
<PB N="31" REF="123"> and frighted away more of the Members: and made the Hou&s;e a Conventicle of their own Complexion, then the Hou&s;e pre|varicated and de&s;erted their Members: About three of the Clock afternoon <HI>Hugh Peters</HI> with a Sword by his &s;ide, (but not the Sword of Saint <HI>Peter</HI>) came into the Queens Court to take a Li&s;t of the Pri&s;oners Names by order from the Generall (as he &s;aid) where being demanded <HI>by what Authority they were impri&s;oned?</HI> he an&s;wered, <HI>By the power of the Sword:</HI> Night being come, the Impri&s;oned Members (41. in number) were conveyed away to a Victualling-Hou&s;e called HELL, and there kept all Night with|out Beds, or any fitting Accommodation, when it grew late &s;ome of them had offers made them to go upon their Parolls to their own Lodgings, and to appear the next morning at <HI>White-hall;</HI> but this was but a jugling trick to make them acknowledge the Lord <HI>Fairfax</HI> Authority, and become voluntary pri&s;oners upon their own engagement<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> and was therefore refu&s;ed. The next morning being Thur&s;day, the Impri&s;oned Members had warning given them <HI>to meet the General and his Councel of Warr at White-hall,</HI> whither they were guarded in Coaches, tyred out with watching and fa&s;ting: But the mechanick Councel took &s;o much &s;tate upon them, that after &s;ix or &s;even houres attendance until dark night, and no admittance nor application to them; they were led away from thence on foot with Guards of Musketiers like Thieves and Rogues, and thorow the kennels like Col. <HI>Prides</HI> Dray-hor&s;es, to the <HI>Swan</HI> and <HI>Kings-head,</HI> two Innes in the <HI>Strand,</HI> and there di&s;tributed under &s;everal Centinels: The Soul|diers making a &s;tand with them &s;ometimes half an houre toge|ther in the &s;now and raine, until they had put their Guards into a ma<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ching po&s;ture; and reviling them,<NOTE PLACE="marg">See the 2. part of <HI>Englands</HI> Chaines di&s;co|vered; and the Hunting of the Foxes, &amp;c.</NOTE> <HI>that they were the men that had cou&s;ened the State of their money, and kept back their Pay:</HI> Upon which &s;candalous provocation, &s;ome of them An&s;wered; <HI>That it was the Committee of the Army, and their owne Officers that had cou&s;ened them:</HI> which &s;ome of the Foot-&s;ouldiers then acknowledged. Be&s;ides the 41. Impri&s;oned Members, the Offi|cers &s;tanding &s;everal dayes with Li&s;ts of Names in their hands at the Parliament-door, have turned back from the Hou&s;e, and de|nied entrance unto above 160. other Members, be&s;ides 40. or 50. Members, who voluntarily withdrew to avoid their violence, all
<PB N="32" REF="124"> whom they know to be Lo&s;ers by the VVarre, and therefore de|&s;irous of a &s;afe and wel-grounded peace; &s;o that they have made warre again&s;t the majority of the Hou&s;e, (that is) again&s;t the whole Hou&s;e, for, <HI>major pars obtinet rationem totius,</HI> by all our Lawes and Cu&s;tomes, <HI>The major part of the Hou&s;e is virtually the whole Hou&s;e;</HI> which is Trea&s;on by their owne Declarations and Remon&s;trance farre higher than that whereof they accu&s;e the King; and for which they demand Ju&s;tice again&s;t Him: and the remaining faction of 40. or 50. engaged Members who now pa&s;&s;e unpre&s;idented Acts of Parliament of the Hou&s;e of Commons (as they call them (without the Lords, ought not to &s;it, Act, nor take upon them the &s;tile of a <HI>Hou&s;e</HI> under &s;o vi&s;ible, actual, and horrid a force, both by the Lawes of the Land, and their owne Ordi|nance, pa&s;&s;ed <HI>Augu&s;t</HI> 20. 1647, <HI>To null and void al<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> Orders, Votes, and Acts pa&s;&s;ed under the Tumult of Apprentices, from July</HI> 26. <HI>to the</HI> 6. <HI>Augu&s;t following;</HI> and yet the &s;aid Tumult ended the &s;aid <HI>July</HI> 26. when it begun. See the &s;aid Ordinance herewith printed. The Army (who now acknowledge no power but <HI>that of the Sword</HI> (as Major <HI>White</HI> long &s;ince foretold at <HI>Putney</HI>) and who&s;e prin|ciple it is, <HI>To break the Powers of the Earth to pieces,</HI> as <HI>Will. Sedge|wicke</HI> in his <HI>Ju&s;tice upon the Army-Remon&s;trance,</HI> &s;aith: <HI>And who</HI> (as <HI>Joh. Lilburne</HI> in his <HI>Plea for Common Right, p.</HI> 6. &s;aith) <HI>have by the&s;e extraordinary proceedings overturned all the vi&s;ible &s;upreme Authori|ty of this Nation, now &s;uffer only their own party of</HI> 40. <HI>or</HI> 50. <HI>Members to &s;it, and do journey-work under them, who are Enemies to peace, and have got well by fi&s;hing in troubled waters, and hope to get better:</HI> &s;o that hardly a &s;eventh or eight part of the Counties, Cities, and Bur|roughs that ought to have Members &s;itting, have any body to re|pre&s;ent them, and therfore how they &s;hall be bound by the Votes and Acts of this fagge end, this Rump of a Parliament with corrupt Maggots in it, I doe not &s;ee. Friday, <HI>Decemb.</HI> 8. a Me&s;&s;age from the General was brought to Sir <HI>Robert Harlow</HI> that he might go home to his hou&s;e, giving his engagement not to oppo&s;e the actings and proceedings of this pre&s;ent Parliament and Ar|my: The like was offered to diver&s;e others: you &s;ee hereby what the offence of the&s;e Impri&s;oned Members is, <HI>onely a feare that they will defend the fundamental Government, the Religion, Lawes, and Li|berties of the Land, the Kings Per&s;on and Authority, &amp; the being of Par+liaments;
<PB N="33" REF="124"> again&s;t the Tyrannicall and Trea&s;onable practi&s;es of the Army and their Hou&s;e of Commons.</HI></P>
<P>The &s;mall remnant of the Hou&s;e of Commons &s;ent &s;undry times to the Generall to know <HI>why be Impri&s;oned their Members,</HI><NOTE PLACE="marg">24. Rea&s;ons, pro|ving that the remaining fa|ction or Iunto &s;itting under the force of the Army, were con&s;enting to the &s;ecuring &amp; &s;ecluding their Members, &s;ect. 134. 135.</NOTE> <HI>and humbly to be&s;eech him to &s;et them at liberty if he had nothing a|gain&s;t them:</HI> But all this was but prevarication and fal&s;e &s;hews: for, 1. Their ba&s;e and conditionall way of demanding their Li|berty <HI>[if he had nothing again&s;t them]</HI> implies an acknowledge|ment of the Generalls juri&s;diction and conu&s;ance over them, and an invitation of him to accu&s;e them. 2. Their &s;itting and acting under &s;o bruti&s;h a force before their Members righted, or the honour of the Hou&s;e vindicated, is a de&s;erting and yielding up of their Members &amp; honour. 3. Their Voting an approbation of the matter of the Generall Officers &s;candalous and jugling An|&s;wer to their &s;aid Demands concerning the &s;ecured and &s;ecluded Members (as afterwards they did) without hearing what the &s;aid Members could &s;ay for them&s;elves, is cleerly a fore-judging and b<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">traying them. 4. Their late Votes, <HI>That no man &s;hall per|u&s;e their Journall Book of Orders, &amp;c. without &s;peciall leave:</HI> is purpo&s;ely done to barre the &s;aid Members who cannot make any perfect An&s;wer in confutation of the Scandals ca&s;t upon them by the General Councels printed Libel again&s;t them, with|out having recour&s;e to the &s;aid Book, <HI>to &s;ee what Votes pa&s;&s;ed for I<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">eland for the</HI> 200000 l. and other matters. To &s;ay nothing how unu&s;efull and unju&s;t it is to keep the Records of the Hou&s;e from the view and knowledge of any man. &amp; yet to expect their obe|dience to them. 5. Their exceeding &s;trict and &s;evere prohibiting the printing any Books not Licenced, and imploying Souldiers to Search all Printing Hou&s;es daily, is done in order to barre the &s;aid accu&s;ed Members from publi&s;hing an An&s;wer in their ju&s;tification. 6. Their Summoning Mr. <HI>Pryn</HI> by order <HI>to appear at the Commons Barre,</HI> knowing him to be &s;till a Pri&s;oner to the Army; &s;hews, that the Army and they &s;erve each others turns again&s;t them. 7. And La&s;tly, the Declaration of the pre&s;ent Hou&s;e of Commons, dated <HI>Jan.</HI> 15. 1648. is nothing but an eccho of the &s;aid an&s;wer of the Generall Councell, again&s;t the &s;aid &s;ecured and &s;ecluded Members. They that are &s;o wickedly indu&s;trious to de&s;troy the&s;e Gentlemens credits, do this as a
<PB N="34" REF="125"> preparative to de&s;troy their Per&s;ons, and &s;eize upon their E|&s;tates, for the maintenance of a new War, (which they fore&s;ee their violent cour&s;es will bring upon them) and for the farther inriching of them&s;elves, and e&s;tabli&s;hing their Tyranny, which they mi&s;call, <HI>The Liberty of the People.</HI> This violent purge wrought &s;o &s;trongly upon the Hou&s;e, and brought it to that weakne&s;s, that ever &s;ince it is eleven or twelve of the clock be|fore they can get forty Members together to make an Hou&s;e, of which number they &s;ometimes fail: One time the Members would have had the Speaker go on upon bu&s;ine&s;&s;es with a le&s;s number than forty, but he knowing all &s;o done to be illegall and void, refu&s;ed; and yet (to piece up the Hou&s;e) they permit Mr. <HI>Blagrave,</HI> Mr <HI>Frye,</HI> and <HI>Humphry Edwards</HI> to &s;it as Members, notwith&s;tanding their Elections are Voted <HI>void</HI> by the Commit|tee of Elections; and one day an Officer of the Army having ta|ken &s;ome Members going to the Hou&s;e, and &s;ecured them in the Tobacco Room, under Guard: The Speaker not being able to mu&s;ter enough to make a Hou&s;e, was fain to &s;end to the &s;aid Officer, to lend him his &s;aid Pri&s;oners to make up a Free Parlia|ment: This di&s;grace put upon the Impri&s;oned Members is pur|po&s;ely intended as an Invitation to all their Enemies to come in and accu&s;e them; nay, it can be proved that means hath been u&s;ed to &s;uborn Witne&s;&s;es again&s;t them: be&s;ides which, the Faction have made a &s;trict Inqui&s;ition into their lives and conver&s;ations, and have hitherto met with nothing.</P>
<P><NOTE PLACE="marg">25. The day after the Hou&s;e pur|ged, in comes Dr. <HI>Cromwell</HI> and <HI>Henry Martin</HI> his Apothecary.</NOTE>Thus the Hou&s;e being throughly purged, the next day in comes the Dr. <HI>O. Cromwel</HI> out of the Country, bringing in un|der his Protection that &s;anctified Member <HI>Henry Martin,</HI> who had &s;pent much time in plundering the Country, had often baf|fled the Hou&s;e, and di&s;obeyed many of their Orders; &s;ufficient to have made an hone&s;t man a Malignant liable to Seque&s;trati|on: But <HI>great is the priviledge of the Saints.</HI> It fortuned that day the ca&s;e of the &s;ecured Members was reported to the Hou&s;e, which <HI>Harry</HI> interrupting, de&s;ired them <HI>to take into con&s;ideration the de&s;erts of the Lieutenant General;</HI> which with all &s;lavi&s;h dili|gence was pre&s;ently done. And the Speaker moved, <HI>that to mor|row might be a day of Humiliation to be kept in the Hou&s;e, to humble the Spirits of the Godly,</HI> much overleavened with the <HI>Scoti&s;h Victory.</HI>
<PB N="35" REF="125"> That you may the better under&s;tand how farre they mean to be humbled, <HI>Hugh Peters</HI> the Pulpit-Buffon was one of their Chap|lains, who in &s;tead of delivering the Oracles of God, delivered the Oracles of the Councell of Warre to them, talking ob&s;cure|ly of Accommodation and Moderation, and advi&s;ing them to adjourn till Munday or Tue&s;day (I think) that the Army might cut out work for the&s;e Journey-men of theirs; and might work their wills upon the City in the mean time, when no Hou&s;e &s;hould be &s;itting for the Citizens to addre&s;&s;e their Complaints to; for in the interim they Garri&s;oned <HI>Black Fryars,</HI> and S. <HI>Pauls,</HI> reforming it, from the Church of God, to a Den of Thieves, Stable of Hor&s;es, and Brothell of Whores, and Robbed diver&s;e Halls in <HI>London</HI> of va&s;t &s;ums of money by the prerogative royall of the Saints.</P>
<P>The 11. day of <HI>Decemb.</HI> 1648.<NOTE PLACE="marg">26 A declaration of the &s;ecured and &s;ecluded Members, a|gain&s;t the vio|lence of the Army.</NOTE> the &s;aid &s;ecured Members pub|li&s;hed a printed Paper, as followeth:
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<HEAD>A &s;olemn <HI>Prote&s;tation</HI> of the impri&s;oned and &s;ecluded Members of the Commons Hou&s;e: Again&s;t the horrid force and violence of the Officers and Souldiers of the Army, on Wedne&s;day and Thur&s;day la&s;t, the 6. and 7. of <HI>Decemb.</HI> 1648.</HEAD>
<P>WE the Knights, Citizens, and Burge&s;&s;es of the Commons Hou&s;e of Parliament, (above one hundred in number) for|cibly &s;eized upon, violently kept out of the Hou&s;e by the Officers and Souldiers of the Army under <HI>Thomas</HI> Lord <HI>Fairfax,</HI> coming thi|ther to di&s;charge our duties on Wedne&s;day and Thur&s;day la&s;t, being the <HI>6.</HI> and <HI>7.</HI> of this in&s;tant <HI>December;</HI> do hereby, in our Names, and in the Names if the re&s;pective Counties, Cities, and Burroughs for which we &s;erve, and of all the Commons of <HI>England,</HI> &s;olemnly prote&s;t and declare to the whole Kingdom, That this execrable force and open violence upon our Per&s;ons, and the whole Hou&s;e of Commons, by the Officers and Army under their command, in marching up a|gain&s;t their command, and placing &s;trong armed Guards of Hor&s;e and Foot upon them, without and again&s;t their Order, is the highest and mo&s;t dete&s;table force and breach of Priviledge and Freedom ever offered to any Parliament of <HI>England;</HI> and that all Acts, Ordi|nances, Votes and proceedings of the &s;aid Hou&s;e made &s;ince the <HI>6.</HI> of
<PB N="36" REF="126"> <HI>Decemb.</HI> afore&s;aid, or hereafter to be made during our re&s;traint and forcille &s;eclu&s;ion from the Hou&s;e, and the continuance of the Armies force upon it, are no way obligatorie, but void and null to all intents and purpo&s;es: And that all Contrivers of, Actors in, and A&s;si&s;tants to this unparallel'd force and trea&s;onable armed violence, are open Enemies to, and profe&s;&s;ed Subverters of the Priviledges, Rights, and Freedom of Parliament, and Di&s;turbers of the pace and &s;ettlement of the Kingdom; and ought to be proceeded again&s;t as &s;uch: and that all Members of Parliament, and Commoners of <HI>England,</HI> by their &s;o|lemn Covenant and dutie, under paine of deepe&s;t perjurie and eter|nall infamie, are obliged unanimou&s;lie to oppo&s;e and endeavour to their utmo&s;t power to bring them to exemplarie and condigne puni&s;h|ment for this tran&s;cendent offence, tending to the di&s;&s;olution of the pre|&s;ent, and &s;ubver&s;ion of all future Parliaments, and of the fundamen|tall Government and Laws of this Realm.</P>
<P>All which we held it our duties to declare and publi&s;h to the world, for fear our &s;tupid &s;ilence &s;hould give any tacit con&s;ent or approbation to this mo&s;t detestable crime, and make us guiltie of betraying the Priviledg|es, Freedom, and Honour of this Parliament, to our perpatuall reproach, and the prejudice of all &s;ucceeding Parliaments.</P>
<CLOSER><DATELINE>Dated at <HI>We&s;tmin&s;ter,</HI> <DATE>Decemb. 11. 1648.</DATE></DATELINE></CLOSER>
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<P><NOTE PLACE="marg">27. The tame Lords and in|&s;olent Com|mons pa&s;s and print a Decla|ration again&s;t the &s;aid Decla|ration.</NOTE>The &s;aid &s;olemn Prote&s;tation of the &s;ecured Members being complained of, was &s;ufficiently barked at in the Hou&s;e of Com|mons; and the Lords fell a barking at it too for company: and at la&s;t (that they might confute it with Authority in&s;tead of Rea|&s;on) both Hou&s;es pa&s;&s;ed this following declaration again&s;t it:
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<HEAD>The Declaration of the Lords and Commons: A|gain&s;t the fir&s;t Declaration of the &s;ecured and &s;ecluded Mem|bers.</HEAD>
<P>THe Lords and Commons a&s;&s;embled in Parliament, taking into their con&s;ideration a printed Paper, entituled <HI>[A &s;olemn Pro|te&s;tation of the Impri&s;oned and &s;ecluded Members, &amp;c.]</HI> wherein among&s;t other things, it is Declared, <HI>That all Acts, Ordinances, Votes, and proceedings of the Hou&s;e of Commons, made &s;ince the 6. of this in&s;tant</HI> Decemb. <HI>or hereafter to be made during their
<PB N="37" REF="126"> re&s;traint and forcible &s;eclu&s;ion from the Hou&s;e,</HI><NOTE PLACE="marg">The pre&s;ent vi&s;ible Go|vernment is the Power of the Sword in the hands of Rebels. The funda|mental Go|vernment of this Kingdom is de&s;troyed by the Facti|on remaining in the Hou&s;e of Commons, by their Acts, <HI>For aboli&s;hing Kingly Govern|ment, The Hou&s;e of Peers, their putting down Trials by Jury of</HI> 12. <HI>men, and &s;etting up illegal High Courts of Ju&s;tice, their u&s;urping the Supream Authority, their m<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">k<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ng Trea&s;on an Arbitrary crime, their erecting a Councel of State,</HI> o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">, <HI>Hogens mogens,</HI> forty Tyrants in lieu of one King, their altering the &s;tile of Writs and Legal Proceedings, &amp;c. Sentence given before any per&s;on accu&s;ed, or heard to &s;peak for him&s;elf. Oh the bruti&s;h under&s;tanding of men who&s;e &s;ins and fears have intoxica|ted their wits!</NOTE> <HI>and the con|tinuance of the Armies force upon it, are no way obligatory, but void and null to all intents and purpo&s;es:</HI> The &s;aid Lords and Commons do thereupon judge and declare, the &s;aid printed Paper to be fal&s;e, &s;candalous, and &s;editious, and tending to destroy the vi&s;ible and fundamental Government of this Kingdome: And do therefore or|der and ordain the &s;aid printed Paper to be &s;uppre&s;&s;ed, and that all per&s;ons what&s;oever that have had any hand in, or given con&s;ent unto the contriving, framing, printing or publi&s;hing thereof, &s;hall be ad+judged, and hereby are adjudged uncapable to bear any Office, or have any place of tru&s;t or authoritie in this Kingdome, or to &s;it as Mem|bers of either Hou&s;e of Parliament. And do further order and or|dain, That every Member of either Hou&s;e re&s;pectively now ab&s;ent, upon his fir&s;t coming to &s;it in that Hou&s;e whereof he is a Member, for the manife&s;tation of his innocencie, &s;hall di&s;avow and di&s;claim his having anie hand in, or given con&s;ent unto the contriving, fra|ming, printing or publi&s;hing of the &s;aid paper, or the matter therein contained.</P>
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<P>The 12. and 13. <HI>Decem<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">er,</HI><NOTE PLACE="marg">28. The Conven|ticle of Com|mons repeat <HI>ex tempore</HI> in a thin Hou&s;e un|der a force; the Votes de|liberately pa&s;|&s;ed in a full and free Hou&s;e.</NOTE> the Commons (that they might purge their Journal Books of all State-Here&s;ies, as well as their Hou&s;e of all State-Hereticks) voted this <HI>Index expurgatorius,</HI> which in their own canting language I here pre&s;ent to you.</P>
<P N="1">1. Re&s;olved &amp;c. <HI>That the Vote of this Hou&s;e,</HI> Jan. 3. 1647. <HI>for revoking the Order,</HI> Sept. 9. 1647. <HI>for &s;u&s;pending Commi&s;&s;ary</HI> Lion<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">l Copley <HI>from being a Member of this Hou&s;e; is of dangerous con&s;equence, and tending to the de&s;truction of the ju&s;tice and peace of the Kingdom, and is hereby repealed.</HI> The like for the re&s;t of the Im|peached Members, <HI>mutatis mutandis.</HI></P>
<P N="2">2. Re&s;olved, &amp;c. <HI>That the Vote of the Hou&s;e,</HI> June 30. 1648. <HI>whereby this Hou&s;e did concur with the Lords (for opening of a way to the Treaty with His Maje&s;ty for a &s;afe and well-grounded Peace) That the Votes.</HI> Jan. 3. 1647. <HI>forbidding all Addre&s;&s;es to be
<PB N="38" REF="127"> made to, or from the King, be taken off; was highly di&s;honourable to the proceedings of Parliament, and apparently de&s;tructive to the good of the kingdom,</HI> (&s;ure they meant the kingdom of the Saints.) They likewi&s;e by four &s;everal Votes, revived the &s;aid 4. Votes, <HI>Jan.</HI> 3. for no Addre&s;&s;es, <HI>in terminis.</HI></P>
<P N="3">3. <HI>Re&s;olved,</HI> &amp;c. <HI>That the Vote,</HI> Iuly 28. 1648. <HI>That a Treaty be bad in the</HI> I&s;le of Wight <HI>with the King in per&s;on by a Committee appointed by both Hou&s;es, upon the Propo&s;itions pre&s;ented to him at</HI> Hampton-Court; <HI>was highly di&s;honourable, and apparently de&s;tructive to the good of the kingdome.</HI><NOTE PLACE="marg">The Hou&s;e adjourned.</NOTE> Good Boyes, they can &s;ay their Le&s;|&s;ons well, and apace too, when the Army whips them on; they will &s;hortly have a jubilee of play-days for their pains, 40 or 50 new Lights &s;nuffed by the Councel of War, can better di&s;|cover what is di&s;honourable, and apparently de&s;tructive to their own kingdom, then 340. or 244 could do at other times: If you ask what Debates they had? they could have none, being now freed from the contradiction of &s;inners: being all Birds of a feather, taught the &s;ame tune by the &s;ame Ma&s;ters, and &s;inging in the &s;ame cage.</P>
<P><NOTE PLACE="marg">29. A Prote&s;t to be entred again&s;t the Votes, <HI>That the Kings Grants were a ground for a &s;et|tlement;</HI> a Touch-&s;tone of <HI>I. Gourdons.</HI> See the Order, <HI>Dec.</HI> 5. 1648.</NOTE>Yet the unanimous recalling tho&s;e Votes was not thought (by tho&s;e that think one thing and &s;ay another) a &s;ufficient <HI>Te&s;t</HI> all were confidently for them, that voted with them; wherefore godly <HI>John Gourdon</HI> (a Fellow that &s;pits venome as naturally as a Toad) moved, <HI>That a Prote&s;tation might &s;uddenly be drawn up, and every Member to &s;et his hand to it, in dete&s;tation of tho&s;e repealed Votes.</HI> A Committee was appointed accordingly. The 14 <HI>Decemb.</HI> the &s;aid new-found <HI>Shiboleth</HI> was brought in by <HI>Gourdon,</HI> which cau|&s;ed divers that were not yet mad enough for <HI>Bedlam</HI> to forbear the Hou&s;e, or rather Conventicle.</P>
<P><HI>Decemb.</HI> 14. They repealed the Ordinance lately pa&s;&s;ed (after mature debate) <HI>for &s;etling the Countie-Militias of the Kingdome,</HI><NOTE PLACE="marg">30. The Militia of the Counties new &s;etled in Independent hands.</NOTE> be|cau&s;e there were &s;ome Presbyterians in it not well-affected to the Army; and in that new &s;en&s;e, Malignants: And ordered, <HI>that a new Ordinance, with a Li&s;t of new Names,</HI> of Saints Militant (&s;ound|ing like a Jewi&s;h pedigree) <HI>be brought in;</HI> for (through the indi&s;cre|tion of the Presbyterians) the Independents have had the cu&s;tody of our Pur&s;es a long time, and now mu&s;t keep our Swords too, and then, <HI>Stand and deliver,</HI> will be the only Law of the Land.</P>
<PB N="39" REF="127">
<P>About this time Major General <HI>Brown,</HI> one of the Sheriffs of <HI>London,</HI> was fetched out of the City by a Party of Hor&s;e,<NOTE PLACE="marg">31. Sheriff <HI>Brown</HI> carried away out of the City Pri&s;oner to S. <HI>James's.</HI></NOTE> and car|ried before the mechanick Councel of War at <HI>Whitehall,</HI> (al|though a Member of Parliam<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">nt, and con&s;equently one of their Ma&s;ters) where he told them, <HI>He knew they had nothing to charge him withall, but his hone&s;t endeavours to pre&s;erve His Maje&s;ty, and His Po&s;terity, together with the Parliament, City, and Kingdome, with the Laws and Government thereof from being rooted up by them, and that he feared them not.</HI> Col. <HI>Hew&s;on</HI> (the one-eyed Cobler) was &s;o &s;aw<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">y as to tell him, <HI>He was too peremptory;</HI> at la&s;t they committed him Pri&s;oner to S. <HI>James's.</HI></P>
<P>And that he might not want company,<NOTE PLACE="marg">32. Sir <HI>Will. Waller,</HI> &amp;c. removed to S. <HI>James's.</HI></NOTE> they &s;ent a Warrant to Capt. <HI>Lawrence</HI> Mar&s;hal General, to remove Sir <HI>Will. Waller,</HI> Sir <HI>John Clotworthy,</HI> Major Gen. <HI>Ma&s;&s;ey,</HI> and Commi&s;&s;ary Ge|neral <HI>Copley</HI> from the Kings Head to him.</P>
<P>The Mar&s;hal &s;hewing them the Warrant,<NOTE PLACE="marg">33. They prote&s;t again&s;t the Generals Au|thority.</NOTE> they prote&s;ted a|gain&s;t the Authority, and offered the Prote&s;t to the Mar&s;hal in writing, de&s;iring him to &s;hew it to the General; which he re|fu&s;ing to receive, Sir <HI>Will. Waller</HI> de&s;ired all the company to wit|ne&s;s what Prote&s;tation they did make in behalf of them&s;elves, and all the Free-born people of <HI>England,</HI> again&s;t the violent and illegal encroachments of the General and Councel of War, a|gain&s;t the Laws and Liberties, and read it aloud, as followeth:
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<HEAD>A Declaration of the taking away of Sir <HI>Will. Waller,</HI> Sir <HI>John Clotworthy,</HI> Major Gen: <HI>Ma&s;&s;ey,</HI> and Colonel <HI>Copley,</HI> Members of the Hou&s;e of Commons, from the Kings Head in the Strand to S. <HI>James's:</HI> Together with their Prote&s;tati|on read at their removal: With a Copie of the L. Generals Order for the &s;ame. Tue&s;day, <HI>Decemb.</HI> 12. 1648.</HEAD>
<P><HI>Mar&s;hal</HI> Laurence <HI>came and acquainted Sir</HI> William Waller, <HI>Sir</HI> John Clotworthy, <HI>Maj. Gen.</HI> Ma&s;&s;ey, <HI>and M.</HI> Lionel Copley, <HI>Members of the Hou&s;e of Commons,</HI> That he had Orders from the Lord General and Councel of the Army, to remove them from the other Pri&s;oners to <HI>S. James's: They replied to him,</HI> That they de&s;ired to &s;ee his Orders: <HI>The Mar&s;hal an&s;wered,</HI> They were onely verbal; <HI>but the Gentlemen in&s;i&s;ting to &s;ee a Warrant for their
<PB N="40" REF="128"> remove; the Mar&s;hal went to the General, and from him about &s;ix a clock brought an Order; a true Copie of which follows,</HI> Viz.</P>
<P>YOu are upon &s;ight hereof, to remove Sir <HI>Will. Waller,</HI> Sir <HI>John Clotworthy,</HI> Major General <HI>Ma&s;&s;ey,</HI> and Colonel <HI>Copley,</HI> from the Kings Head Inne (where they are now in Cu&s;tody) to S. <HI>James's:</HI> And for &s;o doing, this &s;hall be your Warrant.</P>
<CLOSER><DATELINE>Given under my hand, <DATE>Decemb. 12. 1648.</DATE></DATELINE> <SIGNED>T. Fairfax.</SIGNED></CLOSER>
<TRAILER>To Mar&s;hal General <HI>Lawrence.</HI></TRAILER>
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<P>This Order being &s;hewed unto the fore&s;aid Gentlemen, Sir <HI>Will. Waller</HI> produced a Paper, de&s;iring that the &s;ame might be pre&s;ented to the General; which Mar&s;hal <HI>Lawrence</HI> refu&s;ed to receive: Upon which, the &s;aid Sir <HI>William Waller,</HI> and the other three Gentlemen, de&s;ired the &s;aid Mar&s;hal and all the Gentle|men there pre&s;ent, to attend and witne&s;s to that Prote&s;tation, which they did there make in behalf of them&s;elves, and all the Commons and Free-born Subjects of <HI>England,</HI> &s;o with a di&s;tinct and audible voice read their Prote&s;tation, as followeth:
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<P>VVE who&s;e Names are hereunto &s;ub&s;cribed, being Members of the Hou&s;e of Commons, and Freemen of <HI>England,</HI> do hereby declare and prote&s;t before God, Angels, and Men, That the General and Officers of the Armie, being rai&s;ed by the Authoritie of Parliament, and for defence and maintenance of the priviledges thereof, have not, or ought to have any power or juri&s;diction to appre|hend, &s;ecure, detein, impri&s;on, or remove our per&s;ons from place to place by any colour or Authoritie what&s;oever; nor yet to question or try us, or any of us by Martial Law, or otherwi&s;e, for any offence or crime what&s;oever, which can or &s;hall be objected again&s;t us: And that the pre&s;ent Impri&s;onment and removal of our per&s;ons is a high violation of the Rights and Priviledges of Parliament, and of the
<PB N="41" REF="128"> Fundamental Laws of the Land, and a higher u&s;urpation and exerci&s;e of an Arbitrary and unlawfull power, then hath been heretofore preten|ded to, or attempted by this or any King or other power what&s;oever within this Realme; notwith&s;tanding which, We and every of us do De|clare our readine&s;&s;e to &s;ubmit our &s;elves to the Legall triall of a Free Parliament, for any crime or mi&s;demeanour that can, or &s;hall be ob|jected again&s;t us.</P>
<CLOSER><DATELINE>At the <HI>Kings-head</HI> in the <HI>Strand.</HI> In witne&s;&s;e whereof, we have hereto &s;ub&s;cribed our Names <DATE>the 12. of <HI>December,</HI> 1648.</DATE></DATELINE>
<SIGNED><LIST>
<ITEM>William Waller,</ITEM>
<ITEM>Edward Ma&s;&s;ey,</ITEM>
<ITEM>John Clotworthy,</ITEM>
<ITEM>Lionell Copley.</ITEM>
</LIST></SIGNED></CLOSER>
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<P>About this time, Mr. <HI>Pelham,</HI> Mr. <HI>Lane,</HI> Mr. <HI>Vaughan,</HI><NOTE PLACE="marg">34. Foure &s;ecured Members di&s;|cha<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ged.</NOTE> Sir <HI>Simon Dewes,</HI> (Members &s;ecured) were &s;et at liberty without any engage|ment, although at fir&s;t it was demanded <HI>they &s;hould engage not to attempt any thing again&s;t the pre&s;ent actings of this Parliament and Army;</HI> which they refu&s;ed.</P>
<P>About <HI>Decemb.</HI> 11. 1648.<NOTE PLACE="marg">35. The Agree|ment of the People publi|&s;hed and An|&s;wered.</NOTE> was delivered into the world a mon|&s;trous Beggers Brat, called <HI>[The Agreement of the People.]</HI> It is very judiciou&s;ly An&s;wered by Mr. <HI>William A&s;hur&s;t;</HI> all the Contents thereof is in the <HI>Remon&s;trance of the Army.</HI> 20. <HI>Nov.</HI> 1648. wherof I have &s;poken already.</P>
<P N="1">1. It propo&s;eth, <HI>That the People</HI> (that is, &s;ome &s;mall part of the People, the Army and their faction) without any colour of Law or Right <HI>&s;hould agree together to take away finally the pre&s;ent Government by King, Lords, and Commons,</HI> which the Kings Party heretofore charged upon the Parliament as their De&s;igne for which they fought, whereupon, the Parliament to vindicate them&s;elves, publi&s;hed many Declarations, and pa&s;&s;ed &s;undry Votes, <HI>That they would not alter the Government by King, Lords, and Commons;</HI> it al&s;o takes away the legall right from Burroughs to chu&s;e members of Parliament; this admitted, they may as well con&s;pire to take away any Law, or any mans Life or E&s;tate, by which rule we could enjoy nothing but as the will of any number of men that &s;hall call them&s;elves <HI>The People.</HI> And up|on the &s;ame ground that tho&s;e that &s;hall &s;ub&s;cribe this <HI>Agree|ment</HI>
<PB N="42" REF="129"> may call them&s;elves <HI>the People,</HI> may tho&s;e that &s;hall refu&s;e to &s;ub&s;cribe call them&s;elves <HI>the People,</HI> and upon far better grounds, as being farre the more numerous, and &s;tanding for defence of tho&s;e ancient Lawes, which do con&s;titute the People and Common-wealth of <HI>England,</HI> which will breed infinite confu|&s;ions and divi&s;ions: and what tho&s;e that call them&s;elves <HI>the People</HI> now agree to, they may alter upon the next change of humour or intere&s;t.</P>
<P N="2">2. The inconveniences of the pre&s;ent Government have not yet been plainly di&s;covered, nor no Trial hath been made by the pre&s;ent knowne legal power of <HI>England;</HI> whether tho&s;e in|conveniences may not be removed without &s;ubverting the pre|&s;ent Government, and introducing &s;o totall a change as will be very dangerous and grievous to all &s;orts and conditions of men.</P>
<P N="3">3. In the Prote&s;tation, <HI>May</HI> 5. 1641. and the Cove|nant, <HI>Septemb.</HI> 27. 1643. we are bound to defend Parlia|ments, and to oppo&s;e and bring to puni&s;hment all &s;uch as &s;hall endeavour the &s;ubver&s;ion of Parliaments, which this Agreement cleerly doth.</P>
<P N="4">4. This Agreement encroacheth de&s;perately upon the liberty of the People of <HI>England,</HI> in the Election of this Repre&s;entative; depriving them that have con&s;tantly adhered to this Parliament as wel as the Kings Party (if they cannot in con&s;cience &s;ub&s;cribe it) from Electing, or being Elected; yet they &s;hall have Laws and Taxes impo&s;ed upon them by Sub&s;cribers, who are the lea&s;t, and the lea&s;t con&s;iderable party of the Kingdome, and upon whom they conferre no tru&s;t; which is to disfranchi&s;e the Non&s;ub&s;cri|bers, and reduce them to the condition of Conquered Slaves. It is a knowne Maxime in Law, <HI>Quod omnes tangit, ab omnibus tractae|ni debet,</HI> what concernes all men mu&s;t be debated and agreed to by all men, either per&s;onally or repre&s;entatively.</P>
<P N="5">5. It will rai&s;e factions and feuds between the Sub&s;cribers and Non-&s;ub&s;cribers of the Parliament party.</P>
<P N="6">6. It takes away Magi&s;tracy and Government, not onely by placing &s;uch a Supreme power over them as is di&s;putable; nay, apparently illegal: But by making the heady multitude <HI>(the People)</HI> &s;upreme Judges over the &s;aid Repre&s;entative: for although it inflicts the penalty of death upon the Re&s;i&s;ters of their Orders;
<PB N="43" REF="129"> yet is with this <HI>&s;alvo,</HI> except &s;uch Repre&s;entative &s;hall expre&s;ly violate this Agreement, which makes every man or number of men that &s;hall get power into their hands Judges of it; nor is there any other Judge de&s;igned: and (if there were) who &s;hall judge that Judge? <HI>&amp; &s;ic in infinitum,</HI> the legal &s;upreme Tru&s;t of all pub|lique intere&s;ts being taken away, our vagabond thoughts wander in a circle, not knowing where to repo&s;e our tru&s;t, all Judges, all Councels may erre, but the ra&s;cal multitude are the very &s;inke of errors and corruptions. If therefore the Supreme, the Re|pre&s;entative have &s;o un&s;table an authority, what &s;hall the &s;ubordi|nate Magi&s;trate acting under them have?</P>
<P N="7">7. It &s;mels &s;o much of the Je&s;uite, that it tolerateth Popery in private Hou&s;es; contrary to the knowne Lawes of the Land: Po|pery (like the old Serpent) if it once get in the head, will &s;oon in&s;inuate the whole body, being &s;o well backed by Potent Princes and Councels from beyond Sea. And truly I know not what to &s;ay again&s;t Popery, where Here&s;ie, Schi&s;me, Athei&s;me, and Bla&s;|phemie are openly tolerated, and exempted from the power of the civil Magi&s;trate, as in this Agreement.</P>
<P N="8">8. It will lo&s;e <HI>Ireland;</HI> the managing of the Warre there be|ing legally in this Parliament by Act pa&s;&s;ed, not in this newfang|led Repre&s;entative.</P>
<P N="9">9. It divides us from <HI>Scotland.</HI></P>
<P N="10">10. It de&s;troyes the Cau&s;e for which the Parliament &s;o often Declared, Voted, Prote&s;ted and Covenanted that they fought, viz. <HI>Defence of Parliaments, Religion, Lawes and Liberties,</HI> and be|&s;towes the Cau&s;e upon the King, as if He only (from the beginning) had fought for them: which all men have rea&s;on to believe, when they &s;hall &s;ee the Parliament make &s;uch ill u&s;e of their Victory, as to root them all up. And this and all other Parliament-Armies were Commi&s;&s;ioned <HI>to pre&s;erve this Parliament;</HI> by this Authority they have their Pay and Indemnity, without which they are Thieves, Rebels, and Murderers.</P>
<P N="11">11. It demands, that there be no Lawyers nor Lawes, but new Rules in Engli&s;h to be made from time to time by the new Re|pre&s;entative, who are to be cho&s;en and tru&s;ted onely by a &s;mall faction of Sub&s;cribers, (as hath been &s;aid) according to which ju&s;tice &s;hall be admini&s;tred, not by Mayors, Sheriffs, Ju&s;tices of
<PB N="44" REF="130"> the peace, Officers alwaies ready, but by hundred Courts, who are to &s;upply the roome of all the Judges and Lawyers of the Kingdome: and all this to lie in the bre&s;ts of 12. Men in every Hundred (of the Tribe of the Godly be &s;ure) who peradventure can neither write nor read, nor have re&s;pon&s;ible E&s;tates to &s;ati&s;|fie wrongs done: the&s;e &s;hall doe ju&s;tice by providence and reve|lation,</P>
<P N="12">12. It de&s;troyeth all great and publique Intere&s;ts (and there|fore cannot &s;tand) Kings, Lords, Souldiers, Magi&s;trates, Parlia|ments, Lawyers, Mini&s;ters, who will oppo&s;e it, becau&s;e it con|founds and de&s;troyes Religion, and depriveth the Mini&s;tery of its lot, Tythes: &s;topping their mouthes with famine, purpo&s;ely to ca&s;t them off: and generally all men of quality and di&s;cretion will with&s;tand it; becau&s;e it gives no &s;ecurity for enjoyment of liberty and property, nor for increa&s;e of learning, civility, and piety; who then are left to owne and &s;ub&s;cribe it but de&s;perate forlorne Per&s;ons, who, becau&s;e they cannot bring their actions under the protection of our pre&s;ent Laws and Government, will bring the Laws and Government to their own corrupt wills and intere&s;ts, and therefore will &s;igne this <HI>Agreement:</HI> no obedience being given to this Repre&s;entative, but upon condition <HI>(that they kept this Agreement)</HI> and their being no other Judges of their keeping it but the Sub&s;cribers; who in the re&s;ult of all, hath the Law in their owne Wills.</P>
<P><NOTE PLACE="marg">36. This Agree|ment of the People was condemned by the Hou&s;e of Commons. 9. <HI>Nov.</HI> 1647.</NOTE>This <HI>Agreement of the People</HI> is the &s;ame which was &s;ub&s;cribed by 9. Regiments of Hor&s;e, and 7. of Foot, and pre&s;ented with a Petition to the Hou&s;e of Commons, <HI>Novemb.</HI> 5. 1647, by the Agitators, <HI>Gifforde</HI> the Je&s;uite being then in the <HI>Lobby</HI> with them, and very active therein. Upon reading and debate hereof the Hou&s;e then declared their judgements again&s;t it, by pa&s;&s;ing the&s;e Votes:
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<OPENER><DATELINE><DATE>Die Martis, 9. Nov. 1647.</DATE></DATELINE></OPENER>
<P>A Paper directed to the Supreme Authority of the Nation the Commons in Parliament a&s;&s;embled, The ju&s;t and earne&s;t Petition of tho&s;e who&s;e Names are &s;ub&s;cribed, in behalfe of them&s;elves and all the Free-borne people of <HI>England:</HI> Together with a Paper annexed, intituled, An Agreement of the people for pre&s;ent and future peace, upon grounds of Common Right, avowed. <HI>How the&s;e Papers come
<PB N="45" REF="130"> now to be owned, tho&s;e that oppo&s;e them violenrly &s;ecured by the Army, by the connivance (at lea&s;t) of the dregs of the Hou&s;e now &s;itting, let the Saints now voting in the Hou&s;e examine their pockets, for (I am confident) their con&s;ciences had no hand in the bu&s;ine&s;&s;e.</HI></P>
<P>Re&s;olved, &amp;c. That the matters contained in the&s;e Papers, are de|&s;tructive to the beings of Parliaments, and to the fundamental Go|vernment of the Kingdome.</P>
<P>Re&s;olved, &amp;c. That a Letter &s;hould be &s;ent to the General, and tho&s;e Papers inclo&s;ed; together with the Vote of this Hou&s;e upon them: and that he be de&s;ired to examine the proceedings of this bu&s;ine&s;&s;e in the Army, and returne an Account thereof to this Hou&s;e.</P>
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<P>The General and Councel of Warre in pur&s;uance of this Vote,<NOTE PLACE="marg">37. The &s;aid A|greement damned by the General and Councel of War, and a Souldier &s;hot by &s;entence for promoting it.</NOTE> condemned one of the Agitators who promoted it, and &s;hot him to death at <HI>Ware</HI> (you &s;ee what it is to do a thing un&s;ea&s;ona|bly, this De&s;igne of the Army and their Party was not yet ripe) wherewith they acquainted the Hou&s;e; yet they kept in the &s;ame fire in the City &s;till, where &s;ome of their Confederates, 23. of the &s;ame <HI>Novem.</HI> &s;ent the &s;ame <HI>Agreement,</HI> &amp;c. inclo&s;ed in a Letter, with a Petition into the Hou&s;e of Commons: whereupon the Hou&s;e (giving thanks to the General for the execution done at <HI>Ware,</HI> and de&s;iring him to examine that bu&s;ine&s;&s;e to the bottome) unanimou&s;ly pa&s;&s;ed the&s;e Votes:
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<OPENER><DATELINE><DATE>Die Martis, 23. Nov. 1647.</DATE></DATELINE></OPENER>
<P><HI>A Petition directed</HI> to the Supreme Authority of <HI>England,</HI><NOTE PLACE="marg">38. The &s;aid A|greement con|demned by the Hou&s;e a &s;econd time. 23. <HI>Nov.</HI> 1647.</NOTE> the Commons in Parliament a&s;&s;embled, <HI>and entituled,</HI> The humble Petiti|on of many Free-borne People of England, <HI>&s;ent in a Letter directed to Mr. Speaker, and opened by a Committee thereunto appointed, was read the fir&s;t and &s;econd time.</HI></P>
<P>Re&s;olved, &amp;c. That this Petition is a &s;editious and contemptuous avowing and pro&s;ecution of a former Petition and Paper annexed, &s;tiled, An Agreement of the People, formerly adjudged by this Hou&s;e to be de&s;tructive to the being of Parliaments, and fundamentall Govern|ment of the Kingdome, &amp;c.</P>
<P>Re&s;olved, &amp;c. That <HI>Tho. Prince,</HI> Chee&s;e-monger, and <HI>Sam. Chid|ley,</HI> be forthwith committed Pri&s;oners to the Pri&s;on of the <HI>Gate-hou&s;e,</HI> there to remaine Pri&s;oners during the plea&s;ure of this Hou&s;e, for a &s;editious and contemptuous avowing and pro&s;ecution of a former
<PB N="46" REF="131"> Petition and Paper annexed, &s;tiled, An Agreement of the People, for|merly adjudged by this Hou&s;e de&s;tructive to the being of Parliaments, and fundamental Government of the Kingdome.</P>
<P>Re&s;olved, &amp;c. That <HI>Jeremy Ives, Tho. Taylor, and Will. Lar|ner,</HI> be forthwith committed Pri&s;oners to the Pri&s;on at <HI>New-gate,</HI> &amp;c. as la&s;t afore&s;aid, in Terminis.</P>
<P><HI>Afterwards by an Ordinance,</HI> Decemb. <HI>17. 1647.</HI> for Electing Common-Councel-men, and other Officers in London, <HI>they expre&s;ly ordained,</HI> That no Per&s;on who hath contrived, abetted, per&s;waded, or entred into that engagement, entituled, [The Agreement of the People,] declared to be de&s;tructive to the being of Parliaments, and fundamental Government of the Kingdome; be elected, cho&s;en, or put into the Office of the Lord Major of the City of <HI>London,</HI> Sheriffe, Alderman, Deputy of a Ward, or Common-Councel-man of the &s;aid City, or &s;hall have any voice in the election of any &s;uch Officers, for the &s;pace of one whole yeare; and be uncapable of any of the &s;aid Pla|ces: <HI>yet now the&s;e petty Fellowes keep the whole City in awe.</HI></P>
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<P><NOTE PLACE="marg">39. Yet this Agree+ment &s;ince in|&s;erted into the Remon&s;trance of the Army, owned by the Generall and Councell of Warre; and <HI>Nov.</HI> 20. 1648. obtruded up|on the Hou&s;e.</NOTE>The&s;e multiplied Votes and Ordinance, laid this <HI>Agreement of the People</HI> a&s;leep until the beginning of <HI>November,</HI> 1648. when (to hinder the peace of this Kingdome, and reliefe of <HI>Ireland</HI>) the Je&s;uits and Agitators pro&s;ecuted it againe in the Army, and in&s;erted it againe <HI>verbatim</HI> in the <HI>Remon&s;trance of the Army, No|vemb.</HI> 20. 1648. <HI>to break off the Treaty with the King, bring him to capitall puni&s;hment, and ca&s;t the odium of all upon the Parliament:</HI> And the General and his Councel of Officers (though they had formerly &s;hot a Souldier to death for pro&s;ecuting it) una|nimou&s;ly approved it at Saint <HI>Albons, November</HI> 16. 1648. and obtruded it upon the Hou&s;e the 20. <HI>Novemb.</HI> and when they found the Hou&s;e &s;o re&s;olute in the Treaty as to proceed, they fir&s;t &s;eized the Per&s;on of the King, and carried Him to <HI>Hur&s;t-Ca&s;tle,</HI> as afore&s;aid; and when the Hou&s;e at la&s;t clo&s;ed up the Treaty with this Vote, <HI>That the Kings An&s;wers to the Propo&s;itions of both Hou&s;es were a ground for the Hou&s;es to proceed upon towards a &s;ettlement:</HI><NOTE PLACE="marg">40. Why they purged the Hou&s;e.</NOTE> They &s;eized upon 41. Members of Parliament, &s;e|cured them, and villanou&s;ly treated them; &s;ecluded above 160. and frighted away at lea&s;t 40. or 50. more, leaving onely their owne <HI>Somer&s;et-hou&s;e</HI> Junto of 40. or. 50. thriving Members &s;it|ting
<PB N="47" REF="131"> to unvote in a thin Hou&s;e under a force, what had been voted in a full and free Hou&s;e; To vote down the Kingly Of|fice and Hou&s;e of Peers, to vote the Supreme Authority to be in the People, and in the Hou&s;e of Commons as their Repre&s;enta|tive, clean contrary to their three la&s;t recited Votes. To bring the King to capital puni&s;hment, before a new invented, illegal, mixed Court, (con&s;i&s;ting of engaged per&s;ons) erected for that purpo&s;e, that hath neither foundation by Pre&s;cription nor Law, and to erect a Councel or Committee of States, out of their number (in the nature of Lords, States General, or Hogen Mo|gens) with an unknown and therefore unlimited Authority, to continue in being after the di&s;&s;olution of this Parllament. So fare|wel Kings, Lords and Commons, Religion, Laws and Liberties, and all Votes, Declarations, Remon&s;trances, Prote&s;tation and Co|venant, made heretofore onely to gull the People, and carry on their de&s;igne.</P>
<P>About 19. <HI>Decemb.</HI><NOTE PLACE="marg">41. Diver&s;e Lords doe homage to the General, and wave their honours.</NOTE> divers Lords went to do homage to the General, to expre&s;&s;e their good affections to him, and their con|currence with him for the Common good, and their readine&s;&s;e to wave their priviledges and Titles if they &s;hall be found burden|&s;ome to the liberty of the People, and had a gracious nod for their paines.</P>
<P>About this time the Lords and Commons pa&s;&s;ed an Ordinance <HI>for electing Common-Councel-men and Officers in</HI> London <HI>for the yeare following,</HI> to this effect,<NOTE PLACE="marg">42. An Ordinance to curb the Ci|ty in electing Officers.</NOTE> <HI>That no Per&s;on that hath been impri|&s;oned or &s;eque&s;tred</HI> (rightfully or wrongfully) <HI>or hath a&s;&s;i&s;ted the King again&s;t the Parliament in the fir&s;t or &s;econd Warre, or hath been aiding or a&s;&s;i&s;ting in bringing in the Scots Army to invade this Kingdome, or did &s;ub&s;cribe or abett the trea&s;onable Engagement,</HI> 1647. <HI>or that did ayde, a&s;&s;i&s;t, or abett the late Tumult within the Cities of</HI> London <HI>and</HI> We&s;tmin&s;ter, <HI>or the Counties of</HI> Kent, E&s;&s;ex, Middle&s;ex, <HI>or</HI> Surrey, <HI>&s;hall be elected, cho&s;en, or put into the Office or Place of Lord Mayor of</HI> London, <HI>Alderman, Aldermans Deputy, Common-Councel-man, or into any office or place of tru&s;t within the City, for the yeare en&s;uing, or be capable to give his voice for chu&s;ing any Per&s;on to any the Offices afore&s;aid; And that if any Per&s;ons com|prehend under the afore&s;aid exceptions being cho&s;en, &s;hall pre&s;ume to &s;it in the Court of Aldermen, Common-Councel, or execute any of
<PB N="48" REF="132"> the afore&s;aid Offices, he &s;hall forfeit</HI> 200. <HI>And all &s;uch Elections to be null and void, the Lord Mayor to take order that this Ordinance be read at all Elections, and punctually ob&s;erved: and al&s;o to afford the liberty of the Pole, it being required by any of the Electors pre&s;ent.</HI> But this Ordinance not giving full &s;atisfaction to the Zealots, <HI>Skippon</HI> &s;tood up,<NOTE PLACE="marg"><HI>Skippon</HI> moveth for an Additi|on to the &s;aid Ordinance.</NOTE> and looking as demurely as if he meant to &s;ay Grace, he told the Hou&s;e, <HI>That the late Ordinance was not &s;ufficient to keep Malignants out of Office in</HI> London, <HI>for Mr. Speaker</HI> (&s;aid he) <HI>It is not enough to exclude Delinquents, or the Abettors of the late In&s;urrections, &amp;c. for there are a more dangerous &s;ort of men a|mong&s;t them: They which promoted the Treaty, and endeavoured to have the King brought to</HI> London, <HI>except the&s;e be made incapable of Authority, it will be a great di&s;couragement to the Godly party of the City.</HI> So an additionall Ordinance to this end was ordered to be brought in; you fee to endeavour peace and &s;ettlement, is accoun|ted by the&s;e Saints militant a &s;ufficient crime to forfeit a mans Birth-right.</P>
<P><NOTE PLACE="marg">43. The Members &s;ub&s;cribe <HI>John Gourdons</HI> Pro|te&s;tation, &s;ect. 29.</NOTE>I formerly told you of <HI>John Gourdons</HI> motion, <HI>That all Members might &s;ub&s;cribe a Prote&s;tation again&s;t the Votes for a Treaty with the King in the</HI> I&s;le of Wight, <HI>and e&s;pecially again&s;t the Vote,</HI> 5. Decemb. 1648. which declareth, <HI>That His Maje&s;ties An&s;wers to the Propo&s;i|tions of both Hou&s;es were a ground for the two Hou&s;es to procceed to a &s;etlement:</HI> and until &s;uch di&s;&s;ent or di&s;approvall to forbeare the Hou&s;e: This was done in obedience to the demands of the Army in their <HI>Remon&s;trance</HI> pre&s;ented 20. <HI>Novemb.</HI> 1648.<NOTE PLACE="marg">Sect. 23.</NOTE> And although it be &s;o clearly again&s;t the Orders and Priviledges of Parliament, that divers members formerly (and &s;ome this Parliament) have bin &s;u&s;pended the Hou&s;e, and committed to the Tower for offering it, becau&s;e it tends to breed factions and divi&s;ions in the Hou&s;e, and Tumults without doors; yet every reque&s;t from an Armed man is a Command and mu&s;t be obeyed.</P>
<P>The <HI>Li&s;t</HI> of the Names of the&s;e new Prote&s;tants followeth, and (it is hoped) they will in time give better Rea&s;ons then <HI>(the power of the Sword)</HI> for it, 20. <HI>December</HI> 1648. &s;ub&s;cribed, The Lord <HI>Ly&s;le,</HI> Col. <HI>Bo&s;wel, Io. Gourdon,</HI> Lord <HI>Gray, Peregrine Pelham,</HI> Col. <HI>Jones,</HI> Col. <HI>Temple,</HI> Col. <HI>Ven,</HI> Sir <HI>Tho. Malevourer,</HI> Sir <HI>Tho|mas Wrothe,</HI> Sir <HI>Jo. Bourcher,</HI> Col. <HI>Peter Temple, Humphry Edwards,</HI> (who waited on the King to the Hou&s;e when he demanded the
<PB N="49" REF="132"> 5. Members, and his Election is adjudged void by a Committee) Mr. <HI>Tho. Chaloner,</HI> Sir <HI>Gregory Norton,</HI> (who gave a man 20 l. to wait on the King in his place as Pen&s;ioner when He demanded the 5. Members) <HI>Michael Old&s;worth, Augu&s;tine Garland,</HI> Sir <HI>Jo. Danvers,</HI> Mr. <HI>Dove,</HI> Mr. <HI>Henry Smith,</HI> Mr. <HI>Frye,</HI> (who&s;e Election is voted void) Mr. <HI>Searle, Nich. Love, John Ly&s;le,</HI> Coll. <HI>Rigby, Cornelius Holland,</HI> Coll. <HI>Ludlow, Greg. Clement,</HI> Coll. <HI>Purefoy,</HI> Coll. <HI>Stapeley,</HI> Mr. <HI>Dunch,</HI> Mr. <HI>Cawley,</HI> Coll. <HI>Downes, Jo. Carey, Jo. Blacki&s;ton, Tho. Scot,</HI> Decemb. 22. Coll. <HI>Hutchin&s;on,</HI> Sir <HI>Hen. Mildnay,</HI> Sir <HI>James Harrington,</HI> Decemb. 25. Col. <HI>Edward Har|vey,</HI> Alderman <HI>Pennington,</HI> Alderman <HI>Atkins, Dan. Blagrave</HI> (vo|ted out of the Hou&s;e) Coll. <HI>Moore,</HI> Coll <HI>Millington,</HI> Mr. <HI>Prideaux, Roger Hill</HI> the little Lawyer, <HI>Dennis Bond,</HI> Coll. <HI>Harrington,</HI> Ma&s;ter <HI>Hodges,</HI> Ma&s;ter <HI>Valentine.</HI></P>
<P>Sixteen of the impri&s;oned Members were about this time &s;ent for by the General; when they came, out came <HI>Ireton,</HI><NOTE PLACE="marg">44. Sixteen impri|&s;oned Mem|bers di&s;char|ged without engagement.</NOTE> and finding Mr. <HI>Pryn</HI> among&s;t them, he chid the Martial for bringing him, and commanded him to be taken away; but Mr. <HI>Pryn</HI> refu&s;ing to depart, <HI>Ireton</HI> commanded him to be thru&s;t out by head and &s;houlders: whereupon Mr. <HI>Pryn</HI> openly prote&s;t|ed, <HI>That the Army endeavoured utterly to &s;ubvert the fundamental Lawes of the Land, and Priviledge of Parliament. That they had no power over him, nor any Member of Parliament. That their late force acted upon them, and their proceedings was illegal, and traite|rous, That all men were bound to bring them to condign puni&s;hment as Rebels and Traitours to their God, their King, Country and Par|liament.</HI> So Mr. <HI>Pryn</HI> was removed by the Martial, and <HI>Ireton</HI> went in once more to con&s;ult the Oracle, and at la&s;t came out again to the Gent: telling them, <HI>It was the Generals plea&s;ure they &s;hould be all relea&s;ed, attempting nothing again&s;t the actings of this pre&s;ent Parliament and Army, but</HI> (&s;aid the in&s;olent fellow) <HI>let that be at your peril:</HI> &s;o the Gentlemen expre&s;&s;ing <HI>that they would give no engagement,</HI> were relea&s;ed without any.</P>
<P>The 22. <HI>Decemb.</HI> both Juntoes of foure Lords,<NOTE PLACE="marg">45. A mock-Fa&s;t kept by the two Hou&s;es, and <HI>Hugh Pe|ters</HI> Comick Sermon.</NOTE> and twenty Commons, kept a mock-fa&s;t at Saint <HI>Margarets, We&s;tmin&s;ter;</HI> where <HI>Hugh Peters</HI> the Pulpit-Buffon, acted a Sermon before them; the &s;ubject of his Sermon was, <HI>Mo&s;es leading the I&s;raelites out of Egypt,</HI> which he applied to the <HI>Leaders</HI> of this <HI>Army,</HI>
<PB N="51" REF="133"> who&s;e de&s;igne is <HI>to lead the people out of Aegyptian bondage: But how mu&s;t this be done? that is not yet revealed unto me</HI> (quoth <HI>Hugh</HI>) and then covering his eyes with his hands, and laying downe his head on the cu&s;hion, untill the People falling into a laughter, awakened him: He &s;tarted up, and cryed out, <HI>Now I have it by Revelation, now I &s;hall tell you; This Army mu&s;t root up Monarchy, not only here, but in</HI> France <HI>and other Kingdoms round about; this is to bring you out of</HI> Aegypt: <HI>this Army is that corner &s;tone cut cut of the Mountaine, which mu&s;t da&s;h the powers of the earth to pieces. But it is objected, The way we walk, in is without pre&s;ident; what think you of the Virgin</HI> Mary? <HI>was there ever any pre&s;ident before, that a Woman &s;hould conceive a Child without the company of a Man? this is an Age to make examples and pre&s;i|dents in.</HI><NOTE PLACE="marg">46. The Councell of War vote a Toleration of all Religions.</NOTE></P>
<P><HI>Decemb.</HI> 25. The Councel of VVar voted <HI>a Tolleration of all Religions:</HI> you &s;ee they vote like States-men, as well as their Par|liament.</P>
<P><NOTE PLACE="marg">47. The Common Councel peti|tion again&s;t <HI>Skippons</HI> addi|tionall Ordi|nance in vaine</NOTE>About this time, a Committee of Common-Councel-men came complainning to the Hou&s;e of <HI>Skippons</HI> additionall Ordi|nance, <HI>That none &s;hould Elect, or be Elected, or execute the place of Lord Mayor, Alderman, Aldermans Deputy, Common-Councel-man, &amp;c. that had &s;igned the Petition for a Per&s;onall Treaty, &amp;c.</HI> becau&s;e they found the City generally ingaged in the &s;aid Peti|tion: &s;o that they could not find men enough to Elect, or be E|lected: VVherefore it was referred to a Committee to think of a remedy wor&s;e than the di&s;ea&s;e, as it proved afterwards. You &s;ee the petitioning for a <HI>Per&s;onall Treaty</HI> was &s;o univer&s;all and publique that it could not be carried on by any private de&s;igne in Conventicles and corners; as are all the bloudy <HI>Petitions for ju&s;tice, ju&s;tice again&s;t capital Delinquents, and the mo&s;t High,</HI> which being penned and &s;olicited by the Army, or &s;ectary Committee-men,<NOTE PLACE="marg">48. <HI>Somer&s;et&s;hire</HI> encouraged by the Hou&s;e to a&s;&s;ociate all the wel-affe|cted, i. e. all the Anarchi&s;ts and Cheaters.</NOTE> and &s;ub&s;cribed and pro&s;ecuted by &s;ome few beggerly Schi&s;|maticks without Cloaks in the <HI>Names of whole Counties,</HI> (whom they had the impudence to belie) were entertained in &s;tate; and they, and that wel-affected County (though they abhorred the villany) thanked for their paines.</P>
<P>* 25. <HI>Decemb.</HI> The Hou&s;e voted a Letter to be &s;ent by way of encouragement to the County of <HI>Somer&s;et; to go on with &s;etling</HI>
<PB N="50" REF="133"> their a&s;&s;ociation with the wel-affected, and forces of the Counties adjacent; this is to a&s;&s;ociate and Arme all the Schi&s;maticks, Com|mittee-men, guilty and de&s;perate Per&s;ons, Antimonarchi&s;ts, and Anarchi&s;ts, again&s;t all the peaceable and hone&s;t men of the King|dome.</P>
<P>26. <HI>Decemb.</HI> Mr. <HI>Pryn</HI> &s;ent a Letter to the General,<NOTE PLACE="marg">49. Mr. <HI>Pryns</HI> Let|ter to the Ge|neral, deman|ding his li|berty.</NOTE> demanding his liberty; and &s;econded it with a Declaration, as followeth:</P>
<LETTER LANG="eng">
<HEAD>Mr. <HI>Pryn's</HI> Demand of his Liberty to the Generall, <HI>Decemb.</HI> 26. 1648. with his An&s;wer thereto. And his Decla|ration and Prote&s;tation thereupon.</HEAD>
<HEAD TYPE="sub"><HI>For the Honourable Lord</HI> Fairfax, <HI>Generall of the pre&s;ent Army.</HI></HEAD>
<P>THe&s;e are to acquaint your Lord&s;hip,<NOTE PLACE="marg">50. Mr. Pryns De|claration &s;e|conding his &s;aid Letter.</NOTE> That I being a Member of the Commons Hou&s;e of Parliament, a Free-man of <HI>England,</HI> a great Sufferer for, and an A&s;&s;ertor of the Subjects Liberties again&s;t all Regal and Prelatical tyranny, and no way &s;ubject to your owne, your Councel of Warrs, or Officers military power or juri&s;diction, going to the Hou&s;e to di&s;charge my duty on the <HI>6,</HI> of this in&s;tant <HI>De|cember,</HI> was on the &s;taires next the Commons Hou&s;e door, forcibly kept back, entring the Hou&s;e, &s;eized on, and carried away thence, (without any pretext of Lawfull Authority therto a&s;&s;igned) by Co|lonel <HI>Pride,</HI> and other Officers and Souldiers of the Army under your Command. And notwith&s;tanding the Hou&s;es demand of my enlarge|ment both by their Sergeant and otherwi&s;e; ever &s;ince unju&s;tly de|tained under your Mar&s;hals cu&s;tody, and to&s;&s;ed from place to place, contrary to the known Priviledges of Parliament, the Liberty of the Subject, and fundamental Laws of the Land, which you are engaged to maintaine again&s;t all violation. And therefore do hereby demand from your Lord&s;hip my pre&s;ent enlargement, and ju&s;t liberty, with your An&s;wer hereunto.</P>
<CLOSER><DATELINE>From the <HI>Kings-head</HI> in the <HI>Strand,</HI> <DATE>Decemb. 26. 1648.</DATE></DATELINE>
<SIGNED>William Pryn.</SIGNED></CLOSER>
</LETTER>
<P>This was delivered to the Generals own hands at his Hou&s;e in <HI>Queen-&s;treet,</HI> about three of the clock, the &s;ame day it beares
<PB N="52" REF="134"> date; by Doctor <HI>Ba&s;twijcke:</HI> VVho returned this An&s;wer by him, upon the reading therof:</P>
<P><HI>THat he knew not but Mr.</HI> Pryn <HI>was already relea&s;ed, and that he would &s;end to his Officers to know what they had again&s;t him.</HI></P>
<P>VVho it &s;eems act all things without his privity, and &s;teer all the Armies pre&s;ent coun&s;els and de&s;ignes according to their ab&s;o|lute wills.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="document">
<HEAD>The Publique Declaration and Prote&s;tation of <HI>Wil|liam Pryn</HI> of <HI>Lincolnes Inne,</HI> E&s;quire; Again&s;t his pre&s;ent Re|&s;traint, and the pre&s;ent de&s;tructive Councels, and Je&s;uiticall proceedings of the Generall, Officers, and Army.</HEAD>
<P><HI>I VVilliam Pryn,</HI> a Member of the Hou&s;e of Commons, and Free|man of <HI>England,</HI> who have formerly &s;uffer'd <HI>8.</HI> years Impri&s;onment (four of them clo&s;e, three in exile) three Pillories, the lo&s;&s;e of my Ears, Calling, E&s;tate, for the vindicating of the Subjects ju&s;t Rights and Liberties again&s;t the arbitrary tyranny &amp; inju&s;tice of King and Prelats, and defence of the Prote&s;tant Religion here e&s;tabli&s;hed; &s;pent mo&s;t of my &s;trength and &s;tudies in a&s;&s;erting the Peoples ju&s;t freedom, and the power and priviledges of Parliament, again&s;t all Oppo&s;ers, and never received one farthing (by way of damages, gift, or re|compence) or the &s;malle&s;t benefit or preferment what&s;oever, for all my &s;ufferings and publicke &s;ervices; Do here &s;olemnly declare before the mo&s;t ju&s;t and righteous God of Heaven and Earth (the Searcher of all hearts) the whole Kingdome, Engli&s;h Nation, and the World, that having according to the be&s;t of my skill and judgment faithfully di&s;charged my tru&s;t and duty in the Commons Hou&s;e, upon real grounds of Religion, Con&s;cience, Ju&s;tice, Law, prudence and right rea&s;on, for the &s;peedy and effectual &s;etlement of the peace and &s;afety of our three di&s;tracted, bleeding, dying Kingdoms, on Monday, <HI>Dec. 4.</HI> I was on Wedne&s;day morning following (the <HI>6</HI> of this in&s;tant) going to the Hou&s;e to di&s;charoe my duty, on the Parliament &s;taires next the Commons door, forcibly &s;eized upon by Col. <HI>Pride,</HI> Sir <HI>Hardre&s;s VVal|ler,</HI> and other Officers of the Army (who had then be&s;et the Hou&s;e with &s;trong Guards, and whole Reg: of Hor&s;e and Foote) haled violent|ly thence into Queens Court, notwith&s;tanding my Prote&s;tation of
<PB N="53" REF="134"> breach of priviledge, both as a Member and a Freeman, by a meere u&s;urped tyrannicall power, without any lawfull Authority, or cau&s;e a&s;&s;igned; and there forceibly detained Pri&s;oner (with other Members there re&s;trained by them) notwith&s;tanding the Hou&s;es double demand of my pre&s;ent enlargement to attend its &s;ervice by the Sergeant, and that night (contrary to faith and promi&s;e) carried Pri&s;oner to <HI>Hell,</HI> and there &s;hut up all night, (with <HI>40.</HI> other Members) without any lodging or any other accommodations, contrary to the known Privi|ledges of Parl. the fundamental Laws of the Realm, and Liberty of the &s;ubject; which both Hou&s;es, the <HI>3.</HI> Kingdoms, the General with all Officers and Soldiers of the Army, are by &s;olemn Covenant and duty obliged inviolably to maintain. Since which I have, without any lawful power or authority bin removed and kept pri&s;oner in &s;everal places, put to great expences, debar'd the liberty of my per&s;on, calling; &amp; denied that hereditary freedom which belongs to me of right, both as a Freeman, a Member, an eminent &s;ufferer for the publick, and a Chri&s;tian, by the&s;e who have not the lea&s;t &s;hadow of authority or ju|&s;tice to re&s;train me, and never yet objected the lea&s;t cau&s;e for this my unju&s;t re&s;traint.</P>
<P>I do therfore hereby publickly prote&s;t again&s;t all the&s;e their procee|dings, as the highe&s;t u&s;urpation of an arbitrary and tyrannical pow|er, the greate&s;t breach of faith, tru&s;t, Covenant, priviledges of Parl. and mo&s;t dangerous encroachment on the Subjects liberties and Laws of the Land, ever practi&s;ed in this Kingdome by any King or Tyrant, e&s;pecially by pretended Saints, who hold forth nothing but ju&s;tice, righteou&s;ne&s;&s;e, liberty of con&s;cience, and publick freedom in all their Remon&s;trances; whils they are triumphantly trampling them all un|der their armed iron feet. And do further herby appeal to, &amp; &s;ummon them, before all the Tribunals and powers in heaven and earth for ex|emplary ju&s;tice again&s;t them, who cry out &s;o much for it again&s;t others le&s;s tyrannical, oppre&s;&s;ive, unju&s;t, and fedifragus to God and men than them&s;elves. And do moreover remon&s;trat, that all their pre&s;ent exor|bitant actings again&s;t the King Parl. pre&s;ent Government, and their new modled repre&s;entative, are nothing el&s;e but the de&s;igns &amp; projects of Je&s;uits, Popi&s;h Prie&s;ts and Recu&s;ants; (who bear chief &s;way in their Councels (to de&s;troy and &s;ubvert our Religion, Laws, Liberties, Go|vernment, Magi&s;tracy, Mini&s;try, the pre&s;ent and all future Parl. the King, his Po&s;terity, and our <HI>3.</HI> Kingdoms, yea, the Generall, Officers,
<PB N="54" REF="135"> and Army them&s;elves, and that with &s;peedy and inevitable certaint<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">; to betray them all to our forreign Popi&s;h Enemies; and give a ju&s;t occa&s;ion to the Prince and Duke, now in the Papi&s;ts power, to alter their Religion, and engage them, and all forreign Princes and E&s;tates to exert all their power to &s;uppre&s;&s;e and extirpate the Prote&s;tant Re|ligion and Profe&s;&s;ors of it through all the world, which the&s;e unchri|&s;tian, &s;candalous, treacherous, rebellious, tyrannicall, Je&s;uitical, di&s;|loyall, bloudy pre&s;ent Councels and exorbitances of this Army of Saints, &s;o much pretending to piety and ju&s;tice, have &s;o deeply woun|ded, &s;candalized, and rendred dete&s;table to all pious, carnall &amp; morall men of all conditions. All which I am, and &s;hall alwaies be ready to make good before God, Angels, Men, and our whole three Kingdoms in a free and full Parliament, upon all ju&s;t occa&s;ions? and &s;eale the truth of it with the la&s;t drop of my deare&s;t bloud.</P>
<CLOSER><DATELINE>In witne&s;&s;e whereof, I have hereunto &s;ub&s;cribed my Name: at the Signe of the <HI>Kings-head</HI> in the <HI>Strand,</HI> <DATE>Decemb. 26. 1648.</DATE></DATELINE>
<SIGNED>William Pryn.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P><NOTE PLACE="marg">51. The Councell of War forbid all &s;tate and ceremony to the King. From <HI>Dec.</HI> 25. to 1. <HI>January,</HI> Num. 283.</NOTE>27. <HI>Decemb.</HI> The Councel of VVarr (who manage the bu&s;i|ne&s;&s;e in relation to the King, &s;aith the <HI>Diurnal,</HI>) ordered, <HI>That all &s;tate and ceremony &s;hould be forborne to the King, and his Attendants le&s;&s;ened,</HI> to mortifie him by degrees, and work Him to their de|&s;ires.</P>
<P>VVhen it was fir&s;t moved in the Hou&s;e of Commons to pro|ceed capitally again&s;t the King;<NOTE PLACE="marg">52. <HI>Cromwels</HI> Sp. in the Ho. when it was fir&s;t propounded to try the King.</NOTE> <HI>Cromwell</HI> &s;tood up and told them, <HI>That if any man moved this up<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">n d<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">&s;igne, he &s;hould think him the greate&s;t Traytour in the world; but &s;ince providence and nece&s;&s;ity had ca&s;t them upon it, he &s;hould pray God to ble&s;&s;e their Councels, though he were not provided on the &s;uddaine to give them coun&s;el:</HI> this ble&s;&s;ing of his proved a cur&s;e to the King.</P>
<P><NOTE PLACE="marg">53. The Ordinance for electing Com: Councel men confi<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">|med.</NOTE>28. <HI>Decemb.</HI> was brought into and read in the Hou&s;e an Ordi|nance, explaining the former Ordinance for electing Common-Councel-men, which confirmed the former Ordinance. It was referred back againe to the &s;aid Committee to con&s;ider of ta|king away the illegal (as they plea&s;e to mi&s;call them) Oaths of Allegiance, Supremacy, and other Oaths u&s;ually admini&s;tred to Officers, Free-men, &amp;c. of the City.</P>
<PB N="55" REF="135">
<P>The 28. <HI>Decemb. Tho. Scot</HI> brought in the Ordinance for Trial of the King, it was read and recommitted three &s;everall times,<NOTE PLACE="marg">54. The Ordi|nance for Trial of His Maje&s;ty pa&s;&s;ed the Commons.</NOTE> and the Commi&s;&s;ioners Names in&s;erted con&s;i&s;ting of diver&s;e Lords, Commons, Aldermen, Citizens, Country Gentlemen, and Souldiers, (that the more per&s;ons of all &s;orts might be engaged in &s;o damnable and trea&s;onable a de&s;igne) and becau&s;e this Ordi|nance, and the proceedings thereupon had no foundation in Di|vinity, Law, rea&s;on, nor practice: The Commons to give it a foundation and ground from the authority of their Votes, decla|red as followeth.</P>
<P><HI>Re&s;olved, &amp;c.</HI><NOTE PLACE="marg"><HI>Diurnall</HI> from 1. <HI>Ian.</HI> to the 8. of <HI>Ian.</HI> 1648. Numb. 286.</NOTE> <HI>That the Lords and Commons a&s;&s;embled in Par|liament, doe declare and adjudge, That by the fundamental Laws of the Realme, it is Trea&s;on in the King of</HI> England <HI>for the time to come to levie War again&s;t the Parliament, and Kingdom of</HI> England.</P>
<P>So together with this declaratory Vote the &s;aid Ordinance was carried up to the Lords by that Renegado Lord <HI>Gray</HI> of <HI>Grooby, Jan.</HI> 2. 1648.<NOTE PLACE="marg">55. And &s;ent up to the Lords,</NOTE> The Lords met that day farre more than or|dinary, 16. in number, and promi&s;ing to &s;end an An&s;wer by Me&s;|&s;engers of their owne.</P>
<P>The fir&s;t Que&s;tion &s;tarted by &s;ome Lords (who had rather have had a thinner Hou&s;e) was,<NOTE PLACE="marg">56. And Debated.</NOTE> <HI>Whether it &s;hould be pre&s;ently deba|ted?</HI> which pa&s;&s;ed Affirmatively. The fir&s;t Debate was upon the &s;aid Declaratory Vote: The Earle of <HI>Manche&s;ter</HI> told them, <HI>The Parliament of</HI> England, <HI>by the fundamentall Laws of</HI> England <HI>con&s;i&s;ted of three E&s;tates,</HI> 1. <HI>King.</HI> 2. <HI>Lords.</HI> 3. <HI>Commons. the King is the fir&s;t and chief E&s;tate, He calls and di&s;&s;olves Parliaments, and confirmes all their Acts: and without him there can be no Parlia|ment; therefore it is ab&s;urd to &s;ay, The King can be a Traitour a|gain&s;t the Parliament.</HI> The Earle of <HI>Northumberland</HI> &s;aid, <HI>The greate&s;t part</HI> (at lea&s;t twenty to one) <HI>of the people of</HI> England <HI>were not yet &s;atisfied, whether the King levied war fir&s;t again&s;t the Hou|&s;es, or the Hou&s;es again&s;t Him?</HI><NOTE PLACE="marg">57. The Zealots of the H. of Com: offended with the Lords for ca&s;ting forth the Ordin: for Triall of the King.</NOTE> <HI>And if the King did levie Warr fir&s;t again&s;t the Hou&s;es, we have no Law to make it Trea&s;on in Him, &s;o to doe: And for us to declare Trea&s;on by an Ordinance, when the matter of fact is not yet proved, nor any Law extant to judge it by, is very unrea&s;onable:</HI> &s;o the Lords ca&s;t off the Debate, and ca&s;t out the Ordinance: and adjourned for &s;even dayes.</P>
<P><HI>Jan.</HI> 3. The Zealots of the Commons were very angry at the
<PB N="56" REF="136"> Lords, and threatned to clap a Pad-lock on the Door of their Hou&s;e: but at la&s;t they &s;ent up &s;ome of their Members to examine the Lords Book, and &s;ee what they have done, who brought word back, <HI>that their Lord&s;hips had pa&s;&s;ed</HI> 2. <HI>Votes;</HI> 1. <HI>That they doe not concurre to the &s;aid Declaratory Vote.</HI> 2. <HI>That they had reje|cted the Ordinance for Triall of the King.</HI></P>
<P><NOTE PLACE="marg">58. Votes pa&s;&s;ed by them ther|upon.</NOTE>Hereupon, the Commons re&s;olved to rid their hands of King and Lords together; and pre&s;ently they voted, <HI>That all Members of the Hou&s;e of Commons, and others appointed by order of that Hou&s;e, or Ordinances of both Hou&s;es of Parliament, to act in any Ordinance wherin the Lords are joyned, &s;hall be impowred and enjoyned to &s;it, and act, and execute in the &s;aid &s;everal Committees of them&s;elves, notwith&s;tanding the Hou&s;e of Peers joyne not with them therein.</HI> Upon the debate, many hot-brain'd men in&s;i&s;ted upon it, <HI>That the Lords who rejected the Ordinance &s;hould be them&s;elves Im|peached for favouring the grand Delinquent of</HI> England (you &s;ee the King was likely to have much ju&s;tice, when his Judges mu&s;t either condemne Him, or be condemned) others thought it more pru|dence to touch their Priviledges, and let alone their Per&s;ons.</P>
<P><HI>Die Iovis,</HI> 4. <HI>Jan.</HI> 1648. The Commons pa&s;&s;ed the&s;e 3. Votes,</P>
<P N="1"><NOTE PLACE="marg">A que&s;tion in Divinity voted in Parliament never agreed to by Divines. This we find <HI>de fact<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">,</HI> in the &s;ubver&s;ion of our Religion, Lawes, Liber|ties and Pro|perties, though not <HI>de Jure.</HI> You &s;ee that &s;ince both Hou&s;es ra|vi&s;hed the Su|premacy from the King, and a petty faction from the Hou&s;es; our Lawes are fir&s;t &s;hrunk into arbitrary Ordinances of both Hou&s;es; and now into Orders of a remaining Faction of one Hou&s;e.</NOTE>1. <HI>That the People</HI> (that is, their own faction, according to their &s;aid Principle) <HI>are under God the originall of all ju&s;t power.</HI></P>
<P N="2">2. <HI>That the Commons of</HI> England <HI>in Parliament a&s;&s;embled, be|ing cho&s;en by, and repre&s;enting the People, have the &s;upreme power of this Nation.</HI></P>
<P N="3">3. <HI>That what&s;oever is enacted or declared for Law by the Hou&s;e of Commons a&s;&s;embled in Parliament, hath the force of Law:</HI> and all the People of this Nation are concluded therby, although the con&s;ent or concurrence of the King or Hou&s;e of Peers be not had thereunto. This chain-&s;hot &s;weeps away King, Lords, Laws, Liberties, property, and fundamentall Government of this Na|tion at once; and depo&s;ites all that is, or can be neer or deare unto us <HI>in &s;crinio pectoris,</HI> in the bo&s;omes and con&s;ciences of 50. or 60. factious covetous Saints, the dregs and lees of the Hou&s;e of Commons, &s;itting and acting under the power of an Army: and yet the Hou&s;e of Commons never had any <HI>Power of Iudica|ture,
<PB N="57" REF="136"> nor can legally admini&s;ter an Oath;</HI> but this in pur&s;uance of their afore&s;aid Principle, <HI>That they may pa&s;s through any form of Government to carry on their De&s;ign:</HI> The <HI>Diurnall</HI> tells you, <HI>there was not a Negative Voice:</HI> this &s;hews under what a terror they &s;it, when in (things &s;o apparently untrue) no man dur&s;t &s;ay, <HI>No:</HI> &s;o the &s;aid Declaratory Vote and Ordinance for Triall of His Ma|je&s;ty (by a Court Martiall, if the <HI>Diurnall</HI> &s;peak true, and yet the King no Pri&s;oner of War) was pa&s;&s;ed onely in the name and by the Authority of the Commons: Notwith&s;tanding, the Order of the Hou&s;e, <HI>That the Clerk &s;hould not deliver a Copy of the &s;aid Or|dinance to any man,</HI> I here pre&s;ent the Reader with a Copy there|of.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="document">
<HEAD>*An Act of Parliament of the Hou&s;e of Commons for Tryall of <HI>Charls Stuart</HI> King of <HI>England.</HI><NOTE PLACE="marg">59. The Act for Triall of the King.</NOTE></HEAD>
<P>VVHeras it is notorious that <HI>Charles Stuart</HI> the now King of <HI>England,</HI> was not content with the many incroachments which his Predece&s;&s;ors had made upon the People in their Rights and Freedom, hath had a wicked De&s;ign to &s;ubvert the ancient and foundamentall Laws and Liberties of this Nation, and in their place to introduce an Arby|trary and Tyrannicall Government,<NOTE PLACE="marg"><HI>Quaere,</HI> Whe|ther the Facti|on do not tran&s;late the&s;e Crimes from them&s;elves to the King, with many others.</NOTE> and that be&s;ides all evil waies to bring His De&s;ign to pa&s;s, He hath pro&s;ecuted it with fire and &s;word, levied and maintained a Civill Warre in the Land, again&s;t the Parliament and Kingdom; whereby this Countrie hath been mi&s;erablie wa&s;ted, the pub|lique Trea&s;ure exhau&s;ted, Trade decayed, thou&s;ands of People murdered, and infinite of other mi&s;chiefs committed, for all which high offences the &s;aid <HI>Charls Stuart</HI> might long &s;ince have been brought to exemplary and condigne puni&s;hment.</P>
<P>Whereas, al&s;o the Parliament well hoping that the re&s;traint and impri&s;onment of His Per&s;on, after it had plea&s;ed God to deliver Him into their hands, would have quieted the di&s;tempers of the Kingdom, did forbear to proceed judicially again&s;t Him, but found by &s;ad ex|perience that &s;uch their remi&s;sne&s;s &s;erved onely to encourage Him, and His Complices in the continuance of their evil practices, and rai&s;ing new Commotions, Rebellions, and Inva&s;ions: For preven|tion of the like and greater inconveniences, and to the end no chief Officer or Magistrate may hereafter pre&s;ume Traiterou&s;ly and maliciou&s;ly
<PB N="58" REF="137"> to imagine or contrive the en&s;laving or de&s;troying of the Engli&s;h Nation, and to expect impunity. Be it enacted and ordained by the Commons in this pre&s;ent Parliament a&s;&s;em|bled, and it is hereby enacted and ordained, that
<LIST>
<ITEM>Thomas <HI>L^d.</HI> Fairfax, <HI>Generall.</HI></ITEM>
<ITEM>Oliver cromwel. <HI>Lieu. Generall.</HI></ITEM>
<ITEM><HI>Com. Gen.</HI> Ireton.</ITEM>
<ITEM><HI>Major. Gen.</HI> Skippon.</ITEM>
<ITEM><HI>Sir</HI> Hardre&s;&s;e Waller.</ITEM>
<ITEM><HI>Col.</HI> Valentine Walton</ITEM>
<ITEM><HI>Col.</HI> Thomas Harri&s;on</ITEM>
<ITEM><HI>Col.</HI> Edward Whalley.</ITEM>
<ITEM><HI>Col.</HI> Thomas Pride.</ITEM>
<ITEM><HI>Col.</HI> I&s;aac Ewer.</ITEM>
<ITEM><HI>Col.</HI> Rich: Ingolsby,</ITEM>
<ITEM><HI>Sir</HI> Henry Mildmay.</ITEM>
<ITEM><HI>Sir</HI> Tho: Honywood.</ITEM>
<ITEM>Thomas <HI>Lord</HI> Grey.</ITEM>
<ITEM>Philip <HI>Lord</HI> Li&s;le.</ITEM>
<ITEM>Will: <HI>Lord</HI> Mun&s;on.</ITEM>
<ITEM><HI>Sir</HI> John Danvers.</ITEM>
<ITEM><HI>Sir</HI> Tho: Maleverer.</ITEM>
<ITEM><HI>Sir</HI> Iohn Bowcher.</ITEM>
<ITEM><HI>Sir</HI> Iames Harington.</ITEM>
<ITEM><HI>Sir</HI> William Brereton.</ITEM>
<ITEM>Robert Wallop, <HI>E&s;quire</HI></ITEM>
<ITEM>Will: Henningham, <HI>E&s;.</HI></ITEM>
<ITEM>I&s;aas Pennington, <HI>Al|derman.</HI></ITEM>
<ITEM>Thomas Atkins, <HI>Ald:</HI></ITEM>
<ITEM><HI>Col.</HI> Rowland VVil&s;on.</ITEM>
<ITEM><HI>Sir</HI> Peter VVentworth.</ITEM>
<ITEM><HI>Col.</HI> Henry Martyn.</ITEM>
<ITEM><HI>Col.</HI> William Purefoy.</ITEM>
<ITEM><HI>Col.</HI> Godfrey Bo&s;vill.</ITEM>
<ITEM>Iohn Trencherd, <HI>E&s;q.</HI></ITEM>
<ITEM><HI>Col.</HI> Harbottle Morley</ITEM>
<ITEM><HI>Col.</HI> Iohn Berk&s;tead.</ITEM>
<ITEM><HI>Col.</HI> Mat. Tomblin&s;on.</ITEM>
<ITEM>Iohn Black&s;tone, <HI>E&s;q.</HI></ITEM>
<ITEM>Gilb: Millington, <HI>E&s;q.</HI></ITEM>
<ITEM><HI>Sir</HI> Will: Cun&s;table.</ITEM>
<ITEM><HI>Col</HI> Edward Ludlow.</ITEM>
<ITEM><HI>Col.</HI> Iohn Lambert.</ITEM>
<ITEM><HI>Col.</HI> Io. Hutching&s;on.</ITEM>
<ITEM><HI>Sir</HI> Arth: Hazlerigge.</ITEM>
<ITEM><HI>Sir</HI> Michael Live&s;ley.</ITEM>
<ITEM>Rich: Saloway, <HI>E&s;q.</HI></ITEM>
<ITEM>Humph: Saloway, <HI>E&s;q.</HI></ITEM>
<ITEM><HI>Col.</HI> Rob: Titchburn.</ITEM>
<ITEM><HI>Col.</HI> Owen Roe.</ITEM>
<ITEM><HI>Col.</HI> Rob: Manwaring.</ITEM>
<ITEM><HI>Col.</HI> Robert Lilburn.</ITEM>
<ITEM><HI>Col.</HI> Adrian Scroop.</ITEM>
<ITEM><HI>Col.</HI> Richard Dean.</ITEM>
<ITEM><HI>Col.</HI> Iohn Okey.</ITEM>
<ITEM><HI>Col.</HI> Robert Overton.</ITEM>
<ITEM><HI>Col.</HI> Iohn Harri&s;on.</ITEM>
<ITEM><HI>Col.</HI> Iohn Desborough.</ITEM>
<ITEM><HI>Col.</HI> William Goffe.</ITEM>
<ITEM><HI>Col.</HI> Rob: Dukenfield.</ITEM>
<ITEM>Cornelius Holland, <HI>E&s;q.</HI></ITEM>
<ITEM>Iohn Carne, <HI>E&s;q.</HI></ITEM>
<ITEM><HI>Sir</HI> Will: Armine.</ITEM>
<ITEM>Iohn Iones, <HI>E&s;q.</HI></ITEM>
<ITEM>Miles Corbet, <HI>E&s;q.</HI></ITEM>
<ITEM>Francis Allen, <HI>E&s;q.</HI></ITEM>
<ITEM>Thomas Lister, <HI>E&s;q.</HI></ITEM>
<ITEM>Ben: We&s;ton, <HI>E&s;q.</HI></ITEM>
<ITEM>Peregrin Pelham, <HI>E&s;q.</HI></ITEM>
<ITEM>Iohn Gourdon, <HI>E&s;q.</HI></ITEM>
<ITEM><HI>Serj.</HI> Francis Thorp.</ITEM>
<ITEM>Iohn Nut, <HI>E&s;q.</HI></ITEM>
<ITEM>Tho: Challoner, <HI>E&s;q.</HI></ITEM>
<ITEM><HI>Col.</HI> Algern: Sidney.</ITEM>
<ITEM>Iohn Anlaby, <HI>E&s;q.</HI></ITEM>
<ITEM><HI>Col.</HI> Iohn Moore.</ITEM>
<ITEM>Richard Darley, <HI>E&s;q.</HI></ITEM>
<ITEM>William Saye, <HI>E&s;q.</HI></ITEM>
<ITEM>Iohn Aldred, <HI>E&s;q.</HI></ITEM>
<ITEM>Iohn Fagge, <HI>E&s;q.</HI></ITEM>
<ITEM>Iames Nelthrop, <HI>E&s;q.</HI></ITEM>
<ITEM><HI>Sir</HI> Will: Roberts.</ITEM>
<ITEM><HI>Col.</HI> Francis La&s;&s;els.</ITEM>
<ITEM><HI>Col.</HI> Alex: Rixby.</ITEM>
<ITEM>Henry Smith, <HI>E&s;q,</HI></ITEM>
<ITEM>Edmond Wilde, <HI>E&s;q.</HI></ITEM>
<ITEM>Iames Chaloner, <HI>E&s;q.</HI></ITEM>
<ITEM>Io&s;ias Barnes, <HI>E&s;q.</HI></ITEM>
<ITEM>Dennis Bond, <HI>E&s;q.</HI></ITEM>
<ITEM>Humph: Edwards, <HI>E&s;q.</HI></ITEM>
<ITEM>Greg: Clement, <HI>E&s;q.</HI></ITEM>
<PB N="59" REF="137">
<ITEM>Iohn Fray, <HI>E&s;q.</HI></ITEM>
<ITEM>Tho: Wogan, <HI>E&s;q.</HI></ITEM>
<ITEM><HI>Sir</HI> Greg: Norton.</ITEM>
<ITEM><HI>Serj.</HI> Iohn Brad&s;haw.</ITEM>
<ITEM><HI>Col.</HI> Edm: Harvey.</ITEM>
<ITEM>Iohn Dove, <HI>E&s;q.</HI></ITEM>
<ITEM><HI>Col.</HI> Iohn Venn.</ITEM>
<ITEM>Iohn Foulks, <HI>Ald.</HI></ITEM>
<ITEM>Thomas Scot, <HI>Alder.</HI></ITEM>
<ITEM>Tho: Andrews, <HI>Ald:</HI></ITEM>
<ITEM>William Cawley, <HI>E&s;q.</HI></ITEM>
<ITEM>Abraham Burrell, <HI>E&s;q.</HI></ITEM>
<ITEM><HI>Col&punc;</HI> Anthony Stapley.</ITEM>
<ITEM>Roger Gratwicke, <HI>E&s;q.</HI></ITEM>
<ITEM>Iohn Downs, <HI>E&s;q.</HI></ITEM>
<ITEM><HI>Col.</HI> Thomas Horton.</ITEM>
<ITEM><HI>Col.</HI> Tho: Hammond.</ITEM>
<ITEM><HI>Col.</HI> George Fenwick.</ITEM>
<ITEM><HI>Serj.</HI> Robert Nichols.</ITEM>
<ITEM>Rohert Reynolds, <HI>E&s;q.</HI></ITEM>
<ITEM>Iohn Li&s;l: <HI>E&s;q.</HI></ITEM>
<ITEM>Nicholas Love, <HI>E&s;q.</HI></ITEM>
<ITEM>Vincent Potter.</ITEM>
<ITEM><HI>Sir</HI> Gilbert Pickering.</ITEM>
<ITEM>Iohn Weaver, <HI>Eq.</HI></ITEM>
<ITEM>Iohn Lenthall, <HI>E&s;q.</HI></ITEM>
<ITEM><HI>Sir</HI> Edward Baynton.</ITEM>
<ITEM>Iohn Corbet, <HI>E&s;q.</HI></ITEM>
<ITEM>Thomas Blunt, <HI>E&s;q.</HI></ITEM>
<ITEM>Thomas Boone, <HI>E&s;q.</HI></ITEM>
<ITEM>Augu&s;tin Garland, <HI>E&s;q.</HI></ITEM>
<ITEM>Augu&s;tin Skinner, <HI>E&s;q.</HI></ITEM>
<ITEM>Iohn Dick&s;well, <HI>E&s;q.</HI></ITEM>
<ITEM><HI>Col.</HI> George Fleetwood.</ITEM>
<ITEM>Simon Maine, <HI>E&s;q.</HI></ITEM>
<ITEM><HI>Col.</HI> Iames Temple.</ITEM>
<ITEM><HI>Col.</HI> Peter Temple.</ITEM>
<ITEM>Daniel Blagrave, <HI>E&s;q.</HI></ITEM>
<ITEM><HI>Sir</HI> Peter Temple.</ITEM>
<ITEM><HI>Col.</HI> Thomas Wayte.</ITEM>
<ITEM>Iohn Brown, <HI>E&s;q.</HI></ITEM>
<ITEM>Iohn Lowry, <HI>E&s;q.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Mr. <HI>Brad&s;haw,</HI> nomi+nated Pre&s;ident.</HEAD>
<ITEM><HI>Coun&s;ellors a&s;&s;i&s;tant to this Court, and to draw up the Charge again&s;t the KING, are,</HI>
<LIST>
<ITEM><HI>Doctor</HI> Dori&s;lau.</ITEM>
<ITEM><HI>Ma&s;ter</HI> Steel.</ITEM>
<ITEM><HI>Ma&s;ter</HI> Aske.</ITEM>
<ITEM><HI>Ma&s;ter</HI> Cooke.</ITEM>
</LIST></ITEM>
<ITEM><HI>Serjeant</HI> Dandy, <HI>Ser|jeant at Arms.</HI></ITEM>
<ITEM><HI>Mr.</HI> Philips, <HI>Clerk to the Court.</HI></ITEM>
<ITEM><HI>Me&s;&s;engers and door|keepers are,</HI>
<LIST>
<ITEM><HI>Ma&s;ter</HI> Walford.</ITEM>
<ITEM><HI>Ma&s;ter</HI> Radley.</ITEM>
<ITEM><HI>Ma&s;ter</HI> Paine.</ITEM>
<ITEM><HI>Ma&s;ter</HI> Powel.</ITEM>
<ITEM><HI>Ma&s;ter</HI> Hull.</ITEM>
<ITEM><HI>And Mr.</HI> King <HI>Crier.</HI></ITEM>
</LIST></ITEM>
</LIST> &s;hall be, and are hereby appointed Commi&s;sioners and Judges for the hearing, trying, and Judging of the &s;aid <HI>Charles Stuart;</HI> and the &s;aid Commi&s;sioners, or any <HI>20</HI> or more of them &s;hall be, and are hereby Authorized and Con&s;tituted an High Court of Ju&s;tice, to meet at &s;uch convenient times and place as by the &s;aid Commi&s;sioners or the major part, or <HI>20.</HI> or more of them under their hand and &s;eals &s;hall be appointed and notified by publick Proclamation in the great Hall, or <HI>Palace-yard</HI> of <HI>We&s;tmin&s;ter,</HI> and to adjourn from time to time, and from place to place, as the &s;aid High Court or the major part thereof meeting &s;hall hold fit, and to take order for the charging of Him the &s;aid <HI>Charles Stuart</HI> with the Crimes above mentioned, and for the receiving His
<PB N="60" REF="138"> Per&s;onall An&s;wer thereunto,<NOTE PLACE="marg">The&s;e wi&s;e men of <HI>Gotham</HI> could not tell wh<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> her Wit|ne&s;&s;es upon o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">th were ne|ce&s;&s;ary upon Trials of life and death. But (I confe&s;s) that upon the de|fen&s;ive part, upon Indict|ments; Witne&s;|&s;es upo<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> oath were not to be heard again&s;t the King, much more Accu&s;ers of the King.</NOTE> and for examination of Witne&s;&s;es upon oath (if need be) concerning the &s;ame; and thereupon or in default of &s;uch An&s;wer to proceed to finall Sentence according to ju&s;tice and the merit of the Cau&s;e, to be executed &s;peedily and impartially. And the &s;aid Court is hereby Authorized and required to chu&s;e and appoint all &s;uch Officers, At|tendants, and other circum&s;tances as they, or the major part of them &s;hall in any &s;ort judge nece&s;&s;ary or u&s;efull for the orderly and good managing of the premi&s;es: and <HI>Thomas</HI> Lord <HI>Fairf<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">x</HI><NOTE N="*" PLACE="marg">The Generall is no Officer of ju&s;tice. All well affected Per&s;ons tag and rag inv ted to a&s;&s;i&s;t in a Tumultuaty way to de&s;troy the King, if need had been, that is, all Antimonarchi&s;ts.</NOTE> the Generall, with all Of|ficers of ju&s;tice, and other wel-affected Per&s;ons are hereby authorized and required to be aiding and a&s;&s;i&s;ting unto the &s;aid Commi&s;&s;ioners in the due execution of the tru&s;t hereby committed unto them, provided that this Ordinance, and the Authority hereby granted do continue for the &s;pace of one Moneth from the Date of the making hereof, and no longer.</P>
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<P><NOTE PLACE="marg">60. A new Great Seal to be made.</NOTE>But at la&s;t they &s;tumbled at a rub not fore&s;een; they could not u&s;e the old Great Seal again&s;t Him, becau&s;e it was the Kings Great Seal (no more could they u&s;e any of our Laws, Courts, or Judges again&s;t Him, becau&s;e they are all the Kings) the Scul|pture upon it is, <HI>Carolus Dei Gratia,</HI> neither would the Grace of God &s;quare with their proceedings: they mu&s;t therefore make a new Great Seal; but that was long a making, and their fingers were in the fire; they therefore proceeded without any Commi&s;|&s;ion under Seal, onely upon the &s;aid Ordinance, and every Com|mi&s;&s;ioner &s;et his own hand and &s;eal to the publique in&s;truments of their proceedings: what need ceremonies when men are re&s;ol|ved upon the &s;ub&s;tance?</P>
<P><NOTE PLACE="marg">61. The Iews peti|tion the Coun|cell of War to have the Stat: of their bani&s;h|ment repealed.</NOTE>About this time the Hebrew Jews pre&s;ented a Petition to the uncircumci&s;ed Jews of the Councell of Warre, <HI>That the Statute of Bani&s;hment again&s;t them may be repealed, and they re-admitted to a Synagogue and Trade amongst us;</HI> They offer for their re-admi&s;&s;i|on, S. <HI>Pauls</HI> Church, and the Library at <HI>Oxford,</HI> 500000 l. but 700000 l. is demanced: <HI>Hugh Peters</HI> and <HI>Harry Martin</HI> &s;oli|cite the bu&s;ine&s;s. Upon this occa&s;ion was publi&s;hed this Paper en&s;uing.</P>
<Q><PB N="61" REF="138">
<TEXT LANG="eng">
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<DIV1 TYPE="document">
<HEAD>* The la&s;t damnable De&s;ign of <HI>Cromwel</HI> and <HI>Ireton,</HI><NOTE PLACE="marg">62. A Paper pub|li&s;hed upon occa&s;ion of the Jews Petition.</NOTE> and their Junto or Cabal; intended to be carried on in their General Councel of the Army, and by their journey-men in the Hou&s;e of Commons, when they have engaged them de|de perately in &s;in, pa&s;t all hope of Retreat by murthering the King.</HEAD>
<P>MAjor <HI>White,</HI> a Member of the Army, long &s;ince at <HI>Putney</HI> foretold, That &s;hortly there would be no other power in <HI>Eng|land,</HI> but the power of the Sword; and <HI>Will. Sedgwick</HI> in his Book called <HI>[Ju&s;tice upon the Armies Remon&s;trance]</HI> &s;aith, The Prin|ciple of this Army is, To break the Powers of the Earth to pieces: and <HI>John Lilburn</HI> in his <HI>[Plea for Common Right]</HI> p. <HI>6. &s;aith,</HI> The Army by the&s;e extraordinary proceedings, have overturned all the vi&s;ible Supreme Authority of this Nation, that is they have, and will, by &s;eizing upon the Members of Parl. di&s;&s;olving it, and &s;et|ting up a new invented Repre&s;entative, and bringing the King to capital puni&s;hment, and di&s;-inheriting his Po&s;terity, &s;ubvert the Monarchi|cal Government, and Parliaments of this Kingdome; the Laws and Liberties of the People, and &s;o by bringing all to Anarchy and confu&s;ion, put the whole Government of the Land under the Arbitrary power of the Sword.</P>
<P>In order to which, they have, and will overturn the Government of the City of <HI>London</HI> by a Lord Mayor and Aldermen, and govern it by Commi&s;sioners, and a &s;chi&s;matical Common Councel of <HI>Anabap|ti&s;ts</HI> illegally cho&s;en, and deprive them of their Charter of Incorpo|ration and Franchi&s;es; and this &s;hall be a leading ca&s;e to all the Corpo|rations of <HI>England.</HI></P>
<P>Their next De&s;ign is, to plunder, and di&s;arm the City of <HI>Lon|don,</HI> and all the Country round about; thereby to di&s;able them to ri&s;e when the Armie removes, but not to the u&s;e of the Souldiers, (although they greedily expect the fir&s;t Week in <HI>February</HI> the time appointed) from whom they will redeem the plunder at an ea&s;ie rate; and &s;o &s;ell it in bulk, to the Jews, whom they have lately admitted to &s;et up their banks and magazines of Trade among&s;t us, contrary to an Act of Par|liament for their bani&s;hment; and the&s;e &s;hall be their Merchants to buy off for ready money, (to maintain &s;uch Warrs as their violent
<PB N="62" REF="139"> proceedings will inevitably bring upon them) not onely all Seque&s;tred and plundred goods, but al&s;o the very bodies of Men, Women, and Children, whole Families taken Pri&s;oners for &s;ale, of whom the&s;e Jewi&s;h Merchants &s;hall keep a con&s;tant traffick with the <HI>Turks, Moors,</HI> and other Ma|hometans; the <HI>Barbadus,</HI> and other Engli&s;h Plantations being already cloyed with <HI>Welch, Scotti&s;h, Colche&s;ter,</HI> and other Pri&s;oners impo|&s;ed by way of Sale upon the Adventurers: and this is the meaning of <HI>Hugh Peters</HI> threat to the <HI>London</HI> Ministers, That if another War follow|ed, they will &s;pare neither Man, Woman, nor Child: For the better car|rying on of which De&s;ign, the &s;aid Cabal, or Junto, keep a &s;trict corre|&s;pondency with <HI>Owen Roe Oneale,</HI> the bloodie Popi&s;h, Antimonar|chical Rebel in <HI>Ireland,</HI> and the Popes Nuntio there. The Antimonarchi|cal Marque&s;s of <HI>Argyle</HI> in <HI>Scotland;</HI> the Pari&s;ian, <HI>Norman</HI> and <HI>Pi|cardie</HI> Rebels in <HI>France,</HI> and the Rebel King of <HI>Portugal.</HI> If danger be not held &s;o clo&s;e to your eies that you cannot di&s;cern it, look about you Engli&s;h. But this Kingdome is not to be &s;aved by men that will &s;ave them&s;elves; nothing but a private band, and a publike &s;pirit can redeem it</P>
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<P><NOTE PLACE="marg">63. Ma&s;ter <HI>Pryns</HI> &s;econd Letter to the Gene|ral.</NOTE>The 3. <HI>Jan.</HI> 1648. Ma&s;ter <HI>Pryn</HI> &s;ent a Letter to the General, demanding what kind of Pri&s;oner, and who&s;e he was? as fol|loweth.</P>
<LETTER LANG="eng">
<HEAD>* To the Honourable, <HI>Thomas</HI> Lord <HI>Fairfax,</HI> General of the pre&s;ent Army, the&s;e pre&s;ent.</HEAD>
<OPENER><SALUTE>My Lord,</SALUTE></OPENER>
<P>IT is now a full Months &s;pace &s;ince I (with other Members of the Commons Hou&s;e) have been forcibly apprehended and kept Pri&s;oner by &s;ome of your Officers and Mar&s;hal, again&s;t the Priviledges of Parliament, the Liberty of the Subject, the Laws and Statutes of the Realm, and all Rules of ju&s;tice, con&s;cience, and right rea&s;on; without the lea&s;t &s;hadow of Authority, or any cau&s;e at all yet made known to me, of which (were there any) neither God nor man, ever yet made your Lord&s;hip or your Offi|cers, Judges. I therefore de&s;ire to know from your Lord&s;hip, what kind of Pri&s;oner I am? and who&s;e? If a Pri&s;oner of peace,
<PB N="63" REF="139"> neither your Lord&s;hip, nor your Officers, are any Ju&s;tices of peace, or Civill Magi&s;trates in this place, to re&s;train me for any civill crime were I guilty of it; much le&s;s without proof or hearing, in ca&s;e I were no Member: but being neither guilty nor accu&s;ed of any &s;uch crime, and a Member too, no Magi&s;trate can, nor ought to impri&s;on me upon any pretext, at lea&s;t without the Hou&s;es li|cence fir&s;t obtained, If a Pri&s;oner of Warre, which I cannot probably be, being never in Arms, and apprehended neer the Commons Hou&s;e door, going peaceably and unarmed thither to di&s;charge my duty; then you, and your Officers thereby acknow|ledge, That you have levied Warre again&s;t the Parliament, and its Members: and what capital offence this is, and what a puni&s;h|ment it de&s;erves, I need not inform your Lord&s;hip, or your Councell, who have for this very crime, condemned and &s;hot &s;ome to death, as Traytours; and demanded &s;peedy ju&s;tice and ex|ecution for it upon the King him&s;elf.</P>
<P>I have but one thing more to trouble your Lord&s;hip with, and that is to demand who&s;e Pri&s;oner I am? having yet &s;een no War|rant nor Order from your &s;elf, or your Officers, for my re&s;traint, though I have oft demanded it of your Mar&s;hall: If your Lord|&s;hips Pri&s;oner, there appearing yet no legall Authority, cau&s;e, or Warrant, for my re&s;traint; I mu&s;t then crave &s;o much ju&s;tice from your Lord&s;hip (being but a Subject, and not yet pa|ramount all Laws) to order your Attourney to give an Appear|ance for you in the <HI>Kings bench,</HI> the fir&s;t return of the next Tearm, to an action of fal&s;e Impri&s;onment, for this my unju&s;t re&s;traint; which I intend (by Gods a&s;&s;i&s;tance) effectually to pro|&s;ecute. If your Officers Pri&s;oner onely, and not yours, which I conceive, who yet abu&s;e your name and authority herein, though it be a rule in Law and Divinity too, <HI>Qui non prohibet malum quod potest; jubet;</HI> yet I &s;hall be &s;o ju&s;t, as to &s;et the &s;addle upon the right hor&s;e, and commence my action onely again&s;t &s;uch of your Officers, who have been mo&s;t active in my Impri&s;onment, for damage and reparations; which if there be any ju&s;tice remaining under Heaven, I doubt not but I &s;hall recover in Gods due time, in this publick cau&s;e, which &s;o highly concerns the honour, free|dom, and Priviledges of Parliament, and Subjects Liberties; for defence and maintenance whereof, as I have hitherto &s;pent my
<PB N="64" REF="140"> &s;trength, adventured my life, body, liberty, and e&s;tate; &s;o &s;hall I now again engage them all, and all the friends and intere&s;ts I have in heaven and earth, rather then they &s;hall &s;uffer the lea&s;t diminution, prejudice or eclip&s;e by my &s;tupid patience under this unju&s;t captivity; though I can as willingly forgive and put up private injuries, when the publike is not concerned as any man. All which, I thought meet to inform your Lord&s;hip of whom I am heartily &s;orry to &s;ee &s;o much di&s;honoured, abu<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ed and mi&s;led by ra&s;h ill-advi&s;ed Officers, and dangerous, de&s;tructive (and I dare &s;ay, Je&s;uitical) Councels, to the Parliaments di&s;&s;ipation, the Kingdoms prejudice, <HI>Irelands</HI> lo&s;s, mo&s;t good mens, and Mini&s;ters grief, your be&s;t Friends a&s;toni&s;hment, your Enemies and the Pa|pi&s;ts triumph, our Religions &s;candal, and your own di&s;honour: which I be&s;eech you as an Engli&s;hman, a Chri&s;tian, a Profe&s;&s;or of piety and Religion, a Souldier, a General, to lay &s;adly to your heart, as the earne&s;t reque&s;t of</P>
<CLOSER><DATELINE>From my Pri&s;on at the Sign of the <HI>Kings Head</HI> in the <HI>Strand,</HI>
<DATE>3. Jan. 1648.</DATE></DATELINE>
<SIGNED>Your Lord&s;hips faithful Friend and Monitor, <HI>William Pryn.</HI></SIGNED>
<POSTSCRIPT>
<HEAD>* An Additional Po&s;t&s;cript.</HEAD>
<P>VVE reade, <HI>Luke</HI> 3.14. that when the Souldiers demanded of <HI>John Bapti&s;t,</HI> &s;aying, and <HI>What &s;hall we do?</HI> he &s;aid unto them, <HI>Do violence to no man,</HI> (or put no man in fears) <HI>nei|ther accu&s;e any fal&s;ly, and be content with your allowance:</HI> not im|pri&s;on, depo&s;e, or murther Kings, pull down Parliaments, impri&s;on, violently &s;hut out, and drive away Parliament men, and then lay all fal&s;e accu&s;ations and &s;candals upon them, to co|lour your violence, &s;ubvert Kingdoms, alter States, break all bonds of Laws, Oaths, Covenants, Obligations, Engagements to God and Men; u&s;urp all Civil, Military and Eccle&s;ia&s;tical power, and the Kings Royal Palaces into your own hands, as &s;upreme Lords and Kings; rai&s;e what new forces, and levie what new Taxes you plea&s;e, take up what Free-quarters and Hou&s;es, &s;eize and plunder what publike Trea&s;uries &amp; monies you
<PB N="65" REF="140"> plea&s;e, without Commi&s;&s;ion or Authority, obey neither God nor Man, neither Parliament nor Magi&s;trate, and be content with nothing, but alter, and &s;ubvert all things. The&s;e are Saint <HI>Peters</HI> new doctrines and Revelations, to our Officers and Souldiers now, &amp; tho&s;e Je&s;uits who lurk among&s;t them, not <HI>John the Bap|ti&s;t,</HI> who&s;e Canonicall advice is now rejected as Apocryphall, even among the Army Saints, who preferre every <HI>ignis fatuus,</HI> though from <HI>Doway</HI> or <HI>R<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">me</HI> it &s;elf, before this burning, and &s;hining old light, and are guided onely by a new minted law of pretended providence or nece&s;&s;ity of their own forging, and not by the revealed will and law of God, the &s;acred light where|of their pre&s;ent works of darkne&s;s dare not approach, le&s;t they &s;hould be reproved and condemned by them. But &s;ome 43. Acti|ons of fal&s;e impri&s;onment by the impri&s;oned, and 150. Actions of the Ca&s;e by the &s;ecluded Members, brought again&s;t the&s;e do|mineering lawle&s;s Officers and Grandees of the Army, wherein good Damages will be recovered, and &s;ome 12. Indictm: of High Trea&s;on again&s;t them for laying violent hands upon the Kings Per&s;on, and the Members, and leavying War again&s;t the Parlia|ment, will teach them more obedience, humility, and mode&s;ty then either <HI>John Baptist,</HI> Saint <HI>Paul,</HI> Saint <HI>Peter,</HI> or Saint <HI>Peters,</HI> will do; and be like <HI>Gideon</HI> thorns and briers of di&s;cipline to the&s;e men of <HI>Succoth,</HI> with whom no fair means will prevail; who might have learned &s;o much law and ju&s;tice from a Hea|then Souldier and Governour <HI>Fe&s;tus,</HI> Acts 25.27. <HI>It &s;eemeth unto me unrea&s;onable to &s;end</HI> (much more to commit) <HI>a Pri&s;oner, and not withall to &s;ignifie the crimes laid again&s;t him;</HI> and come &s;hort of that ingenuity of the heatheni&s;h chief Captain who &s;eized upon <HI>Paul,</HI> thereby to appea&s;e the Tumult at <HI>Hieru&s;alem,</HI> Acts 22.27, 29. who as &s;oon as ever <HI>Paul</HI> told him, <HI>he was a Roman, &amp; Free-born; then &s;traight way they departed from him who &s;hould have examined him: and the chief Captain al&s;o was affraid, after he knew that he was a Roman, and becau&s;e he had bound him.</HI> And &s;hould not fal&s;e impri&s;oning of a Parliament-man &amp; Free-born Engli&s;h-man be as formidable to our chief Captains (being a Chri&s;tian, I &s;ay, &s;worn and vowed to defend the Hou&s;es Privi|ledges, and Members Per&s;ons) as the Impri&s;onment of a Ro|man was to this chief Captain, and they as ingenious and ju&s;t
<PB N="66" REF="141"> as he, who &s;hall ri&s;e up in judgement again&s;t them, and condemn them at the la&s;t.</P>
<P>I &s;hall clo&s;e up all with this ob&s;ervation. That as the mo&s;t glo|rious Angels in Heaven, when they fell (through pride and am|bition, as mo&s;t conceive) became the very foule&s;t Devils in Hell; &s;o the mo&s;t re&s;plendent &s;eeming hypocriticall Saints when they fall through the like &s;ins, and have power in their hands, be|come the mo&s;t incarnate Devils, and Mon&s;ters of treachery and tyranny upon earth, exceeding Turks and Pagans therein, of which we have now &s;ad experience in our Army-Saints, who e|very day aggravate, and yet ju&s;tifie their impieties and exorbitan|ces&punc; 2 <HI>Chron.</HI> 28.11. <HI>Now hear me therefore, and deliver the Captives again, which ye have taken Captives of your Brethren: for the fierce wrath of God is upon you.</HI></P>
<CLOSER><SIGNED>Will: Pryn.</SIGNED></CLOSER>
</POSTSCRIPT></CLOSER>
</LETTER>
<P><NOTE PLACE="marg">64. Another forg'd Let|ter endea|voured to be fa&s;tned upon Sheriff <HI>Brown.</HI></NOTE>The Saints having nothing to &s;ay again&s;t Major Gen. <HI>Brown,</HI> (unle&s;s they &s;hould accu&s;e him for being true to King, Parlia|ment, City, and Kingdom, and to all the fir&s;t declared Principles of this Parliament) fell to their old trick to fa&s;ten another coun|terfeit Letter upon him: wherefore a Man coming to S. <HI>Jame's</HI> (where he was then impri&s;oned) de&s;ired, in the hearing of all pre|&s;ent to &s;peak with him in private: Major Gen. <HI>Brown</HI> told him, He was not for private conference, and bade him &s;peak openly; then the Fellow pre&s;ented a Letter to him, &s;aying, It was from the Prince: but Major Gen. <HI>Brown</HI> (remembring the like trick put upon him before) called for the Guard to apprehend him, when pre&s;ently the Me&s;&s;enger threw the Letters into the fire, and the Mar&s;hall catching them out halfe burnt, affirmeth, He &s;aw <HI>Charles Prince,</HI> written upon them. Sanctified eyes may &s;ee through the &s;pectacles of their own fanta&s;ie what they plea&s;e, to accompli&s;h their De&s;ign, and therefore they have a new prin|ciple or light (which as the 7. <HI>May,</HI> be added to the afore&s;aid 6.) that though they have no proofs nor evidence again&s;t a man, yet if in their con&s;ciences, they think him guilty, they may condemn him upon the te&s;timony of their own con&s;ciences; this is to condemn by Revelation &s;uch who&s;e bloud they de&s;ire to &s;uck. This &s;uppo&s;ed Me&s;&s;enger from the Prince was &s;eized by the
<PB N="67" REF="141"> Guard, but no proceedings again&s;t him heard of; which argues it was but a &s;nare &s;et to catch the Major.</P>
<P>About this time (to &s;econd this device) a man gallantly clo|thed and mounted, comes to the <HI>Beare</HI> in the <HI>Strand,</HI><NOTE PLACE="marg">65. Another more general forge|ry to endanger whom the Fa|ction plea&s;e. It will be pro|ved, that di|vers Witne&s;&s;es have bin pra|cti&s;ed and tampered with again&s;t Mr. <HI>Brown,</HI> and others.</NOTE> gives the Ho&s;tler a Peece, and bids him have a care of his Hor&s;e; then goes into the City, and (the Plot being forelaid) was taken there with Letters &s;ub&s;cribed with the Princes name, to divers Citi|zens and Members again&s;t whom they want matter of accu&s;ati|on. I hear no more of this matter yet; this is a device dor|man<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">, to be awakened hereafter, if any &s;hall oppo&s;e the pre&s;ent actings of the Army, and their Parliament.</P>
<P><HI>Cromwell, Ireton,</HI> and <HI>Hugh Peters</HI> have &s;everal times made it their errand to go into the City and vi&s;it the Mini&s;ters, giving them threatning Admonitions, <HI>not to preach any thing again&s;t the Actings of the Army and their Parliament:</HI><NOTE PLACE="marg">66. <HI>London</HI>-Mini|&s;ters threat|ned. See the Mini&s;ters of <HI>Londons</HI> Letter to the Gene|ral, called, <HI>[A &s;erious Repre|&s;entation.]</HI> Da|ted <HI>Jan.</HI> 18. 1648.</NOTE> But <HI>Hugh</HI> acted his part above them all, he took &s;ome Musketiers with him to the hou&s;e of Mr. <HI>Calamy,</HI> and knocking at the door, a Maid asked <HI>whom he would &s;peak with?</HI> he told her, <HI>with her Ma&s;ter?</HI> &s;he <HI>asked his name?</HI> he replied, Mr <HI>Hugh Peters,</HI> the Maid going up the &s;tairs to acquaint her Ma&s;ter, (who was above-&s;tairs in con|ference with &s;ome Divines) over-heard <HI>Peters</HI> &s;ay to the Soul|diers, <HI>The very name of Peters will fright them all: Peters</HI> being called up the &s;taires, told Mr. <HI>Calamy, He was commanded by the General to warne him to come before him:</HI> Mr. <HI>Calamy</HI> (leaving <HI>Peters</HI> vapouring and canting Religion and non-&s;en&s;e to the re&s;t of the Divines) &s;lipt down &s;taires and went to the General to know his plea&s;ure, telling him, <HI>He had bin &s;ummoned before him by Hugh Peters:</HI> the General &s;aid, <HI>Peters was a Knave, and had no &s;uch directions from him.</HI></P>
<P>Since this,<NOTE PLACE="marg">67. The C. of War con&s;i|der how to &s;hut up the Churches doors.</NOTE> the Council of Warr (finding it difficult to &s;top the Mini&s;ters mouths) have &s;undry times debated, <HI>How to &s;hut up the Churches doors in the City, for Reformation of the Church, and propagation of the Go&s;pel:</HI> they have impri&s;oned Mr. <HI>Canton</HI> (a worthy Mini&s;ter) <HI>for praying for King</HI> CHARLES, and threaten to try him for his life in the Upper Bench (for&s;ooth) which all the Lawes call, <HI>the Kings Bench:</HI> and upon their new Acts of Par|liament, made by a ninth part of the Members, the &s;mall remnant or Junto of the Hou&s;e of Commons; notwith&s;tanding, by <HI>The
<PB N="68" REF="142"> Directory for publique Wor&s;hip,</HI> (e&s;tabli&s;hed by both Hou&s;es) the Mini&s;ters are enjoyned <HI>to pray for the King.</HI> It is &s;aid that Mon&s;ieur <HI>Paux</HI> (one of the <HI>Dutch Agents</HI> here) hath advi&s;ed <HI>Cromwell, to &s;top the Mini&s;ters mouthes by hanging up a dozen of them:</HI> and vouches <HI>a pre&s;ident for it in the Low Countries.</HI></P>
<P><NOTE PLACE="marg">68. The Lords &s;ent &s;ome Votes to the C<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">m|mons for their concurrence.</NOTE><HI>Jan.</HI> 9. The Lords &s;ate again and pa&s;&s;ed &s;ome Ordinances, which they &s;ent down to the Commons for their concurrence, to feel their pul&s;e w<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ether they would vouch&s;afe to take &s;o much notice of them; the Commons laid them a&s;ide after &s;ome expre&s;<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ions of di&s;dain.</P>
<P><NOTE PLACE="marg">69. Sergeant <HI>Dan|dy</HI> proclaimeth the &s;itting of the new H: Court of Ju|&s;tice.</NOTE>This day Sergeant <HI>Dandie,</HI> Sergeant at Arms to the Comi&s;si|oners for Triall of His Maje&s;ty, rode into <HI>We&s;tmin&s;ter-hall</HI> with the Mace belonging to the Hou&s;e of Commons upon his &s;houl|der, and &s;ome Officers attending him, all bare, and 6. Trumpe|ters on hor&s;back before him, Guards of Hor&s;e and Foot attend|ing in both the <HI>Palace-yards,</HI> the 6. Trumpeters &s;ounded on hor&s;eback in the middle of the Hall, and the Drums beat in the <HI>Palace-yards,</HI> after which a Proclamation was read aloud by Mr. <HI>King,</HI> one of the Me&s;&s;engers of the &s;aid High Court of Ju&s;tice, to this purpo&s;e; To give notice, that <HI>the Commi&s;sioners were to &s;it to|morrow, and that all tho&s;e that had any thing to &s;ay again&s;t CHARLES ST&V;ART King of</HI> England <HI>might be heard.</HI> The like was done in <HI>Cheap&s;ide,</HI> and at the <HI>Old Exchange.</HI></P>
<P><NOTE PLACE="marg">70. The Great Seal voted to be broken.</NOTE>This day the remainder of the Hou&s;e voted their Great Seal to be broken, in order to the making of a new one, ju&s;tly putting the &s;ame affront upon their own Seal, which they had former|ly put upon the Kings.<NOTE PLACE="marg">71. Mr. <HI>Pryns Me|mento</HI> to the unparliamen|tary Junto</NOTE> Upon the&s;e occa&s;ions Mr. <HI>Pryn</HI> (it is &s;aid) publi&s;hed his <HI>Memento</HI> to the unparliamentary Junto, therein telling the Hou&s;e, <HI>That being forcibly &s;ecluded from the Hou&s;e by the Officers of the Armies violence, whereby he could not &s;peak his mind to them freely</HI> in, <HI>or as the Hou&s;e of Commons, yet he would write his thoughts to them as private Per&s;ons onelie under a force, con|&s;ulting in the Hou&s;e without their fellow Members advice or concur|rence, about &s;peedie Depo&s;ing and executing CHARLES their law|full Soveraign, to plea&s;e the Generall, Officers, and Coun&s;ell of the Army, (who have u&s;urped to them&s;elves the Supreme Authoritie both of King and Parliament) or rather the Je&s;uits and Popi&s;h Prie&s;ts a|mong them.</HI></P>
<P N="1"><PB N="69" REF="142">1. By the Common Law the <HI>Stat.</HI> 25. <HI>Edw.</HI> 3.<NOTE PLACE="marg"><HI>Cok.</HI> 5. <HI>In&s;t</HI> 4. 1. <HI>Stamf.</HI> Pleas of the Crown, <HI>l.</HI> 1. <HI>c.</HI> 1, 2.</NOTE> and all other Acts concerning Trea&s;on, <HI>It is High Trea&s;on for any man by overt act to compa&s;s the death of the King, or his elde&s;t Son, though never executed;</HI> and &s;o adjudged by Parliament in the Earl of <HI>Arundels</HI> Ca&s;e, 21 <HI>Ric.</HI> 2. <HI>Plac. Coronae,</HI> n. 4, 6, 7.</P>
<P N="2">2. In the Oath of Allegiance (which every man takes before he &s;its in Parliament) you acknowledge him to be <HI>lawful and rightful King of this Realm; and that the Pope neither of him&s;elf, nor by any authority of the See of</HI> Rome, <HI>or by any other means, with any other, hath any Power or Authority to depo&s;e the King,</HI> &amp;c.<NOTE PLACE="marg">Exact Collect. p. 16, 19, 21, 59, 66, 83, 102, 103, 118, 123, 125, 141, 142, 143, 173, 180, 195, 219, 259, 281, 307, 380, 312, 360, 376, 457. A Col|lect. &amp;c. p. 13, 18, 41, 43, 44, 49, 51, 61, 64, 96, 181, 182, 340, 341, 424, 425, 499, 599, 623, 696, 806, 807, 879. Appendix p. 15.</NOTE></P>
<P N="3">3. Your &s;elves among&s;t other Members, in above one hundred Remon&s;trances, Declarations, Petitions, Ordinances, &amp;c. in the name of the Parliament have profe&s;&s;ed, <HI>You never intended the lea&s;t hurt, injury, or violence to the Kings Per&s;on, Crown, Dignity, or Po&s;terity; but intended to Him and His Po&s;terity more Honour, Hap|pine&s;s, Glory, and Greatne&s;s than ever any of His predece&s;&s;ors enjoyed: That you would make good to the uttermo&s;t with your Lives and For|tunes the Faith and Allegiance you have alwaies born to him. That all Contributions, Loans, &s;hould be imploied onely to maintain the Prote&s;tant Religion, the Kings Authoritie, Per&s;on, Royal Dignitie, Laws of the Land, Peace of the Kingdome, and Priviledges of Par|liament. That the Forces rai&s;ed by the Parliament were for defence of the Kings Per&s;on, and of both Hou&s;es. That the Parliament will ever have a care to prevent any danger to his Per&s;on. That they are re&s;olved to expo&s;e their lives and fortunes for maintenance of the Kings Per&s;on, Honour, and Estate, and the Power and Priviledges of Parlia|ment,</HI> when the King taxed the Hou&s;es for in&s;inuating,<NOTE PLACE="marg">Exact Collect. p. 298, 695, 696, 657, 658, 991.</NOTE> <HI>That if they &s;hould make the highe&s;t Pre&s;idents of other Parliaments their pattern,</HI> (that is, depo&s;e the King) <HI>there could be no cau&s;e to com|plain of them:</HI> Both Hou&s;es by two Declarations prote&s;ted a|gain&s;t it, &s;aying, <HI>That &s;uch thoughts never entred, nor &s;hould enter into their loyal hearts.</HI><NOTE PLACE="marg">Collect. of all Orders, p. 8, 13, 41, 43, 44, 49, 51, 61, 64, 96, 99, 623, 696, 879. Appendix p. 15.</NOTE></P>
<P N="4">4. By the Prote&s;tation, <HI>They declare in the pre&s;ence of God to de|fend the Kings Per&s;on and E&s;tate, and that their Armies under</HI> E&s;&s;ex <HI>and</HI> Fairfax, <HI>were rai&s;ed for that purpo&s;e</HI> inter alia.</P>
<P N="5">5. By the National Covenant, <HI>They vowed to defend the Kings Per&s;on and Authoritie in pre&s;ervation of true Religion and Liberties
<PB N="70" REF="143"> of the Kingdom, and that they will all the daies of their lives continue in this Covenant again&s;t all oppo&s;ition.</HI></P>
<P N="6">6. You monopolize the <HI>Supreme power</HI> into your own hands, robbing both King, Lords, and the re&s;t of your fellow Members thereof, whom you are content &s;hould be violently &s;hut out by your Army, who have leavied War again&s;t the Parliament to di&s;&s;olve it; till the removall of which force, and re&s;toring your Members with freedom and &s;afety,<NOTE PLACE="marg">Al&s;o, 15. <HI>E.</HI> 3. n. 5. 17 <HI>E.</HI> 3. n. 2&punc; 6. 18. <HI>E.</HI> 3 n 1. 2. 5. &amp;c. 1. <HI>R.</HI> 2. n. 1. 2. <HI>R.</HI> 2. n. 1. 3. <HI>R.</HI> 2. n. 1. 4. <HI>R.</HI> 2. n. 1. 5. <HI>R.</HI> 2. Parl. 1. n. 1. Parl. 2. n. 1. 8. <HI>H.</HI> 4. n. 28.</NOTE> you ought not to &s;it or Act in your Armies own doctrine in their Remon&s;trance, <HI>Aug.</HI> 18. and by the Declaration and Ordinances of both Hou&s;es, <HI>Aug.</HI> 20. 1647. Sec 21. <HI>R.</HI> 2. <HI>c.</HI> 12. 1. <HI>H.</HI> 4. <HI>c.</HI> 3. 31. <HI>H.</HI> 6. <HI>c.</HI> 1. 39. <HI>H.</HI> 6 <HI>c.</HI> 1. See the memorable Record, 6. <HI>E.</HI> 3. <HI>Parl. apud Ebor. n.</HI> 1, 2 <HI>dor&s;o clau&s;o.</HI> 6. <HI>E.</HI> 3. <HI>m.</HI> 4. 6. <HI>E. apud Westm. Parl.</HI> 2. <HI>n.</HI> 1. 13. <HI>E.</HI> 3. <HI>Parl.</HI> 2. <HI>n.</HI> 4. &amp; many more Rolls, <HI>where Parliaments, when any con&s;iderable number of Members of either Hou&s;e were ab&s;ent, refu&s;ed to &s;it</HI> (though under no force) <HI>till the Hou&s;e were full.</HI></P>
<P N="7">You have neither Law nor pre&s;ident for what you do, <HI>Edw.</HI> 2. <HI>Rich.</HI> 2. were forced by <HI>Mortimer</HI> and <HI>H.</HI> 4. to re&s;ign their Crowns in a formall way, one to his Son, the other to his conquering Succe&s;&s;or, neither of them to the Parliament, and at la&s;t Depo&s;ed by a &s;ub&s;equent Sentence of Parliament, <HI>as unfit to Reign,</HI> without any formall Triall.</P>
<P><NOTE N="*" PLACE="marg">72. The Armies party in the H: approve the matter of the Co: of Offi|cers accu&s;ato|ry An&s;. again&s;t the &s;ecured Memb: with out hearing them. See Mr. <HI>Io: Geerees</HI> An&s;. to that &s;illy Sophi&s;ter <HI>Io: Goodwin,</HI> called, <HI>Might overcoming right.</HI></NOTE> <HI>Jan.</HI> 11. 1648. The Hou&s;e read the An&s;wer of the Generall Coun&s;ell of the Army, concerning the &s;ecured and &s;ecluded Members, and (as I have formerly &s;aid, without hearing what the &s;aid Members could &s;ay for them&s;elves, approved the matter of it: whereupon the &s;ecured and &s;ecluded Members, 20. <HI>Jan.</HI> 1648. (with much ado) got printed their <HI>Vindication, again&s;t the A&s;per&s;ion ca&s;t upon them in The humble An&s;wer of the Generall Coun&s;ell of the Officers of the Army, concerning the &s;ecuring &amp; &s;eclu|ding of the &s;aid Members:</HI> The &s;um whereof is as followeth.</P>
<P><NOTE PLACE="marg">73. The &s;ec. and &s;ecl. Memb. Defence again&s;t the &s;candalous An: of the C: of W:</NOTE>By the Preamble of this An&s;wer, and by the Propo&s;als of the 6. <HI>Decemb.</HI> and the late Declaration and Remon&s;trance therein cited, it appears this De&s;ign <HI>to break the Hou&s;e by force</HI> hath been long &s;ince plotted and contrived with action. The Gene|rall Councell of the Army in their &s;aid An&s;wer, &s;ay, <HI>Is a cour&s;e in it &s;elf irregular and not ju&s;tifiable, but by hone&s;t intentions and extra|ordinarie nece&s;sitie:</HI> the weakne&s;s of which An&s;wer we mu&s;t exa|mine,
<PB N="71" REF="143"> but fir&s;t mu&s;t &s;tate the ca&s;e b tween us: <HI>They are an Army rai&s;ed by Ordinance of Parliament, of</HI> 15. <HI>Febr.</HI> 1644. <HI>for defence of King and Parliament, the true Protestant Religion, the Lawes and Liberties of the Kingdom, and to be from time to time &s;ubject to &s;uch Orders and Directions as they &s;hall receive from both Hou&s;es of Par|liament:</HI> and to this end they &s;tand commi&s;&s;ioned by them, and receive pay from them to this day. And be&s;ides this tru&s;t thus lying upon them, they are under the obligation of a &s;olemn Covenant, &s;worn to God, <HI>That they will in their place and callings, with &s;incerity, reality, and con&s;tancy with their e&s;tates and lives, pre|&s;erve the Rights and Priviledges of the Parliament, and the Liber|ties of the Kingdom, and defend the Kings Per&s;on and Authority in defence of the true Religion, and Liberties of the Kingdom;</HI> they be|ing under the &s;aid tru&s;ts and Oath, march up to <HI>We&s;tminster</HI> (contrary to order) in a ho&s;tile way, forcibly &s;ecured, &s;ecluded, and drove away many of the Members: the Que&s;tion is, <HI>Whe|ther this Action be Ju&s;tifiable upon pretence of Hone&s;t intentions and Nece&s;sity?</HI></P>
<P>Their good intentions cannot be known but by their expre&s;|&s;ions and actions, and they referre us to their Propo&s;als, Decla|rations, and Remon&s;trances, where we find their de&s;ires are:
<LIST>
<ITEM>1. <HI>To take away the Kings life.</HI></ITEM>
<ITEM>2. <HI>To take away the lives of the Prince, and the Duke of</HI> Yorke; <HI>at least to di&s;-inherit both them and all the Kings Children.</HI></ITEM>
<ITEM>3. <HI>To put a period to thi<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> Parliament.</HI></ITEM>
<ITEM>4. <HI>To &s;et up a new Repre&s;entative of their own, which takes away all Parliaments.</HI></ITEM>
<ITEM>5. <HI>To have an Elective King, if any.</HI></ITEM>
</LIST> The&s;e are their Hone&s;t intentions for publick good, which mu&s;t come in to ju&s;tice their waging warre again&s;t their Ma&s;ters this Parliament: To name them, is to confute them, as being appa|rently again&s;t the Laws of God and the Land, under which they live, and which they are engaged to maintain, we &s;hall produce no other Witne&s;&s;es to prove this but them&s;elves. On the 15. of <HI>Novemb.</HI> 1647. <HI>The agreeement of the People,</HI> (which is lower in demands than the&s;e which they call, <HI>Hone&s;t intentions for publick good</HI>) was condemned by the Army. The promoting it in the
<PB N="72" REF="144"> Army judged <HI>mutinous</HI> and <HI>capital;</HI> Col. <HI>Rainsborough</HI> and Ma+jor <HI>Scot</HI> complained of in the Hou&s;e for appearing in it, and-the Paper it &s;elf adjudged by the Hou&s;e, <HI>de&s;tructive to Government, and the being of Parliaments.</HI></P>
<P>The &s;econd pretence or principle is, <HI>Extraordinarie Nece&s;sity for the &s;ame end.</HI></P>
<P>To this we &s;ay, 1. The Armie made the &s;ame plea of <HI>nece&s;sity</HI> in their Remon<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">rance, <HI>June</HI> 23. 1647. upon quite contrary grounds to what they exp e&s;s now, and both to ju&s;tifie the &s;ame viol nt proceedings again&s;t the Parliament, then when the King was &s;eized upon by a party of the Armie (without Order from the Hou&s;e) and the Army advanced again&s;t the Parliament. They &s;ay in their Letter to the Hou&s;e. <HI>July</HI> 8. 1647. <HI>There have been &s;everal Officers of the Army upon &s;everal occa&s;ions &s;ent to his Maje|&s;tie: The fir&s;t, to pre&s;ent to Him a Copie of the Repre&s;entations; and after that &s;ome others, to tender Him a Copie of the Remon&s;trance: &V;pon both which, the Officers &s;ent were appointed to clear the &s;ence and intentions of any thing in either paper,</HI><NOTE PLACE="marg">Turn back to &s;ect. 2. and &s;ee my Animad|ver&s;. upon the Army, 20 <HI>Nov.</HI> 1648. p. 4, 5, 6, 7.</NOTE> <HI>whereupon his Maje&s;tie might make any Que&s;tion.</HI> There the Army treated with the King, yet now they offer violence to the Parliament for treat|ing with the King. Then in their Remon&s;trance, 25 <HI>June</HI> 1647. they &s;ay, <HI>We clearly&punc; profe&s;s, we do not &s;ee how there can be any peace to this Kingdom firm and la&s;ting without a due con&s;ideration of, and provi&s;ion for the rights, quiet, and immunities of His Majesties Roy|all Family, and his late partakers;</HI> now they judge the majority of the Hou&s;e corrupt for moving one &s;tep towards a peace with the King,<NOTE PLACE="marg">The Parlia|ment thought it not rea&s;on|able the King &s;hould be &s;ole Judge of pub|like nece&s;&s;ity in ca&s;e of &s;hip|mony. Return to &s;ect. 18. where I &s;et down &s;ix of their Prin|ciples.</NOTE> though he hath now granted more to them then all the Armies Propo&s;als then demanded of Him. Thus they make this general <HI>plea of Nece&s;sity</HI> &s;erve to ju&s;tifie the con&s;iderations; which they are put to by making them&s;elves Judges of tho&s;e things they have no calling to meddle with; for by what Autho|rity are they Judges of publike Nece&s;&s;ity?</P>
<P N="2">2. This principle <HI>(Nece&s;sity)</HI> is de&s;tructive to all Government, for as the General Officer urgeth <HI>nece&s;sity</HI> for acting again&s;t the Commands and Per&s;ons of his Superiours; and arro|gates to be Judge of that <HI>Nece&s;sity,</HI> the Inferiour may urge the &s;ame <HI>Nece&s;sity</HI> (in his judgement) to act again&s;t the Commands of his General. The Souldiers 'gain&s;t their Officers: any other
<PB N="73" REF="144"> 20000. men in this Kingdom again&s;t this Army, and this Army (as again&s;t this Parliament) &s;o again&s;t any other Repre&s;enta|tive or Government; and &s;o <HI>in infinitum.</HI></P>
<P N="3">3.<NOTE PLACE="marg">The Com|mons have their Authori|ty from the Writ of Ele|ction, though their election from the peo|ple: See the Writ <HI>Cromton's</HI> Juri&s;dict: of Court, Tit: Parliamen.</NOTE> The Commons in Parliament are not accountable for the u&s;e of their tru&s;t to any but the Hou&s;e, being Tru&s;tees of the People, not by Delegation, but by tran&s;lation: all the power of the people being transferred to them for advi&s;ing, voting, and a&s;|&s;enting (according to their judgements, not according to the judgements of tho&s;e that &s;ent them) for otherwi&s;e the parties electing, and tho&s;e elected, differing in judgement, one might prote&s;t again&s;t what the other had done, and &s;o make void all Acts of Parliament. But if their Acts were valid or void at the Electors judgements, yet were the Members onely accountable to them that &s;ent them, not to Strangers, and in no ca&s;e to the Army, who are them&s;elves but in &s;ubordinate tru&s;t to the Par|liament for their defence.</P>
<P N="4">4. This violence upon the Members, is not onely contrary to the Armies tru&s;t, but again&s;t their Covenant and Prote&s;tation: the breach whereof being a morrall evill cannot be made good by hone&s;t intentions and nece&s;&s;ity.</P>
<P>The particulars of the &s;aid Generall Officers An&s;wer, upon which this pretended Nece&s;&s;ity is grounded, are &s;ix: but we mu&s;t fir&s;t take notice what is &s;aid from the end of the 2. pag. to the end of the 5 before we enter upon them: the &s;umme is,<NOTE PLACE="marg">In all new Ele|ctions there were 2. Inde|pendents cho|&s;en for one of any other prin|ciples, Inde|pendents were then Commi&s;|&s;ioners for the Great Seal, and delivered Writs to men of their own Party, who had the advantage to keep them, and chu&s;e their own time to deliver them and Souldiers (under colour of keeping the peace) became great Sticklers in Elections.</NOTE> <HI>That by the endeavours of &s;ome old Malignant Members, and by practi&s;es u&s;ed in new Elections there came in a floud of new Burge&s;&s;es that either are Malignant or Neuters.</HI> To this we &s;ay, what is done by the ma|jority, is the Act of the whole Hou&s;e; and what is done again&s;t the majority, is done again&s;t the whole Hou&s;e: nor was the Or|dinance for New Elections carried on by old Malignants, un|le&s;s the major part of the Hou&s;e were alwaies &s;uch, and before the new Elections. It is not hard to &s;hew that many of the Offi|cers of the Army came in upon the la&s;t Elections, and were cho&s;en by tho&s;e places where they are &s;carce known: upon what influence therefore they came in, let the world judge. And now for the &s;aid 6. particulars objected.</P>
<P N="1"><PB N="74" REF="145"><NOTE PLACE="marg">The Army be|trayed <HI>Ireland</HI> by their di&s;o|bedience. They would neither go for <HI>Ireland</HI> them|&s;elves, nor &s;uf|fer others to go, 1 part. &s;ect. 16. &amp; 55.57.</NOTE>1. <HI>The betraying of</HI> Ireland <HI>into the Enemies hands, by recalling the Lord</HI> Ly&s;le <HI>from his command there, and putting the best part of the &s;aid Kingdom and where the Parliament had the &s;tronge&s;t foot|ing</HI> (Mun&s;ter) <HI>into the hands of</HI> Inchiquine <HI>a Native Iri&s;h; who hath &s;ince Revolted from the Parliament, hath lately united with the Iri&s;h Rebels; and with them and</HI> Ormond <HI>for the King.</HI> To this we <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ay, the Lord <HI>Inchiquine</HI> came in and brought <HI>Mun&s;ter</HI> to the Parliament, and pre&s;erved their Intere&s;t in <HI>Ireland,</HI> in all the heat of their Warres in <HI>England,</HI> when they had little other Intere&s;t there, and le&s;s means to relieve them; the Lord <HI>Ly&s;le</HI> was not recalled from his Command there,<NOTE PLACE="marg">This Lo: went late, caried over 160000 l. for which he hath not yet accounted, be|gan a quarrell with <HI>Inchiqueen</HI> and put him into di&s;con|tent, and then returned. See the Iri&s;h Let|ters and Pa|pers to the the Hou&s;e in print.</NOTE> but his Commi&s;&s;ion for Lord Lieutenant expiring, 15. <HI>April,</HI> 1647. on the 17. <HI>April,</HI> he hoy&s;ed &s;ayle for <HI>England:</HI> after the Lord <HI>Ly&s;les</HI> return for <HI>England,</HI> the Lord <HI>Inchiquine</HI> did gallant &s;ervice again&s;t the Rebels, took many &s;trong Holds from them, and won the Battel of <HI>Knocke|knowes,</HI> one of the greate&s;t that ever was gotten of the Rebels. The Hou&s;e therefore approved of his behaviour untill 3. <HI>April,</HI> 1648. when (the Army having led the way) the Lord <HI>Inchiquine</HI> (taking di&s;ta&s;t thereat) by way of imitation, began to enter into Engagements and Remon&s;trances again&s;t the Parliament, (as it was then con&s;tituted) for which he made the Remon&s;trances, Engagements, and Declarations of the Army the Summer be|fore, both the cau&s;e and precedent; as by the printed Relation doth appear.</P>
<P N="2">2. <HI>Their endeavours to bring in the King upon His own Tearms, without &s;atisfaction and &s;ecurity to the Kingdom,</HI> v<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">z: <HI>upon His Me&s;&s;age of the</HI> 12. <HI>of</HI> May, 1647. <HI>and to this end to Disband this Ar|my before any peace made or a&s;sured.</HI> To this we &s;ay, the Hou&s;e of Commons upon the fir&s;t notice thereof, voted the &s;aid Engage|ment of the 12. of <HI>May</HI> Trea&s;onable; and by Ordinance, 17. <HI>De|cemb.</HI> 1647. put an incapacity upon &s;uch Citizens as had any hand in it, which evidenceth, we were here in a right majority, as in other parts of their Paper they take the Votes of the Hou&s;e to prove us <HI>a corrupt majority:</HI> The charge here lying in generall, and not fixed upon any particular. Concerning <HI>Disbanding the Army;</HI> we &s;ay, the Hou&s;e voted 8. <HI>Regiments of Foot,</HI> 4. <HI>of Hor&s;e and</HI> 1. <HI>of Dragoones, to be &s;ent out of the Army for</HI> Ireland, and re|&s;olved to keep 10000. <HI>Foot, and</HI> 5400. <HI>Hor&s;e under Command of
<PB N="75" REF="145"> the Lord</HI> Fairfax <HI>for defence of</HI> England. This was, 1. For Relie|ving <HI>Ireland.</HI> 2. For ea&s;ing the heavy pre&s;&s;ures of the poor Peo|ple in <HI>England.</HI> And 3. an honorable employment for the For|ces of the Army, to prevent &s;uch high di&s;tempers as have &s;ince en&s;ued.<NOTE PLACE="marg">See my 1. part. &s;ect. 16. 17. 18. and my &s;aid Animadver&s;i|ons, pag. 2. nei|ther were they legally impea|ched. See <HI>Ar|dua regni,</HI> or twelve ardu|ous doubts written in de|fence of the expul&s;ed Memb: and the &s;a d Members An&s;. to the Ar|mies Charge.</NOTE></P>
<P N="3">3. <HI>That they endeavoured to protect the</HI> 11. <HI>impeached Members from ju&s;tice, and with them to rai&s;e a new Warre.</HI> To this we &s;ay, we gave them no other protection than the Laws allowed them. For the mi&s;pending 200000 l. de&s;igned for <HI>Ireland;</HI> we &s;ay, that 80000 l. thereof was paid to <HI>Nicholas Loftus,</HI> and others, for &s;er|vice of <HI>Ireland,</HI> and above 50000 l. to the Trea&s;urers at Warre for the Army; which may more rea&s;onably be &s;aid to be mi&s;-im|ployed (becau&s;e the Army had an e&s;tabli&s;hed pay another way) than what the Reformado Officers and Souldiers (who obeyed the Orders of the Hou&s;e for Disbanding) received, who ne|verthele&s;s pre&s;&s;ed upon the Hou&s;e the more earne&s;tly for their Arrears, after the Declarations and Remon&s;trances publi&s;hed by the Army for paying the Arrears of all the Souldiers of <HI>England.</HI></P>
<P N="4">4. <HI>Their countenancing, abetting,</HI><NOTE PLACE="marg">There was a clo&s;e Inqui&s;i|tion of Godly Cut-throats purpo&s;ely cho|&s;en to examine this Tumult; which pro|ceeded illegal|ly, and u&s;ed &s;o much foul play as to accu&s;e men upon cha|racters of their clothes, &amp; per|&s;ons; yet ma|lice it &s;elf could find no|thing. See my 1. part. &s;ect. 45, 46. to &s;ect. 54. Return to &s;ect. 2. &amp; 5.</NOTE> <HI>and partaking with the Tumult of Apprentices, and others again&s;t both Hou&s;es of Parliament.</HI> To this we &s;ay, that we wonder they &s;hould urge the force offered to the Hou&s;e then (which they declared, <HI>horrid and trea&s;onable</HI>) to ju&s;tifie the violence acted upon the Hou&s;e by them&s;elves of a much higher nature. This is a meer fiction of the Pen-mans, which we do every one of us for our &s;elves re&s;pectively deny.</P>
<P N="5">5. <HI>The holding corre&s;pondency, engaging, and a&s;si&s;ting the tumul|tuous Petitioners last Spring, the rebellious In&s;urrections in</HI> Kent, <HI>the Revolted Ships, Prince of</HI> Wales, <HI>with the Scots Army:</HI> We do every one of us for our &s;elves re&s;pectively deny the&s;e.</P>
<P N="6">6. <HI>That when the Army was di&s;pen&s;ed and engaged in &s;everall parts, &amp;c. and many faithfull Members employed abroad upon pub|lique &s;ervices; and others through Malignant Tumults about this City, could not with &s;afety attend the Hou&s;e. Then the corrupt and Apo&s;tating Party taking advantage of the&s;e di&s;tractions which them|&s;elves had cau&s;ed: First, recalled in tho&s;e Members, &amp;c. Then they recalled tho&s;e Votes for Non-Addre&s;&s;es, and voted a Per&s;onall Treaty.</HI> To this we &s;ay, that if the proceedings of the Treaty were &s;ur|reptitiou&s;ly
<PB N="76" REF="146"> gotten in a thin Hou&s;e, why do they then complain in other parts of their Paper, <HI>that the majority of the Hou&s;e is cor|rupt,</HI><NOTE PLACE="marg">Return to &s;ect. 2. &amp; 5. there &s;ee the true grounds of the&s;e Tumults. See wh t u<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e they make of <HI>provid nce</HI> in the 1. part of <HI>Eng|lands</HI> new Chains.</NOTE> <HI>and formed to &s;erve the Kings corrupt Intere&s;t?</HI> why did they force from the Hou&s;e above 200 Members at once; the Counties never expre&s;&s;ed &s;o high contempt of the Parliament, untill the like had been fir&s;t done by the Armies quartering upon them.</P>
<P>And now let us come to that Vote of the Hou&s;e, 5. <HI>Dec.</HI> 1648. <HI>That the Kings An&s;wer to the Propo&s;itions of both Hou&s;es are a ground to proceed upon to a &s;ettlement of Peace:</HI> of which they &s;ay, <HI>That though they advanced hither to attend providence for opening &s;ome way to avoid the pre&s;ent evils de&s;igned, and introduce the de&s;ired good into the Kingdom, yet they &s;aid nor acted nothing in relation to the Parliament, nor any Member thereof, untill by the Vote pa&s;&s;ed,</HI> Decemb. 5. <HI>they found the corrupt majority &s;o re&s;olvedly bent to com|pleat their De&s;ign in bringing in the King.</HI> Do they call their threatning Declaration and Remon&s;trance a &s;aying nothing? and their marching up again&s;t the Hou&s;e, contrary to the Order of the Hou&s;e, a doing nothing in relation to the Parliament? But by the&s;e words it appears that this Vote, 5. <HI>Decemb.</HI> is the very point of that nece&s;&s;ity they now relie upon to ju&s;tifie their force upon the Hou&s;e: For, before that pa&s;&s;ed, they &s;ay, <HI>They acted no|thing, &amp;c.</HI> we mu&s;t now &s;tate the difference between the Hou&s;es Propo&s;itions,<NOTE PLACE="marg">See. Mr. <HI>Pryn's</HI> &s;aid Speech in the Hou&s;e, 2 <HI>Decemb.</HI> 1648. more at large.</NOTE> and the Kings An&s;wers, and &s;ee whether the King did not grant all tho&s;e Propo&s;itions in which the main &s;ecurity of the Kingdom re&s;teth.</P>
<P>He granted the fir&s;t Propo&s;ition <HI>for taking off all Declarations;</HI> as was de&s;ired.</P>
<P>And the third Propo&s;ition <HI>for the Militia,</HI> as was de&s;ired.</P>
<P>He a&s;&s;ented to <HI>the Propo&s;ition for</HI> Ireland; <HI>limiting the time of the Parliaments di&s;po&s;ing Officers there to</HI> 20&punc; <HI>years.</HI></P>
<P>He con&s;ented to &s;uch Acts <HI>for publique Debts and Publique U&s;es, as &s;hould be pre&s;ented within</HI> 2. <HI>years, and incurred within that time.</HI></P>
<P>He granted the Propo&s;ition <HI>concerning Peers,</HI> as was de|&s;ired.</P>
<P>He granted the <HI>Di&s;po&s;ing Offices in</HI> England, <HI>to the Parliament, for</HI> 20. <HI>years.</HI></P>
<P>He granted <HI>the taking away the Court of Wards, having</HI> 100000 l.
<PB N="77" REF="146"> per ann. <HI>in lieu thereof to be rai&s;ed as the Parliament &s;hould think fit.</HI></P>
<P>He granted <HI>to declare again&s;t the Marque&s;s of</HI> Ormond's <HI>power and proceedings after an Agreement with the Parliament.</HI></P>
<P>The onely difference therefore remained upon two Propo&s;i|tions:
<LIST>
<ITEM>1. <HI>Delinquents.</HI></ITEM>
<ITEM>2. <HI>The Church.</HI></ITEM>
</LIST></P>
<P>For Delinquents, though He doth not grant all, His Maje&s;ty con&s;ented <HI>they &s;hall &s;ubmit to moderate Compo&s;itions, according to &s;uch Proportions as they and the two Hou&s;es &s;hall agree.</HI></P>
<P N="2">2. He di&s;ableth them <HI>to bear Offices of publike Tru&s;t, and re|moves them from the Kings, Queens, and Princes Court.</HI></P>
<P N="3">3. For &s;uch as the Hou&s;es propounded <HI>to proceed capitally again&s;t,</HI> He leaves them to a Legal Tryal, and declares, <HI>He will not interpo&s;e to hinder it:</HI> which &s;atisfies the main complaint of the Parliament which was (in the beginning of the War, (<HI>That the King protected Delinquents from ju&s;tice.</HI> And all that the Hou&s;e de&s;ired in the Propo&s;itions pre&s;ented to him at <HI>Oxford, Febr.</HI> 1642. was, <HI>That His Maje&s;ty would leave Delinquents to a Legal Tryal and judgement of Parliament.</HI> But that his Maje&s;tie &s;hould joyn in an Act for taking away the Lives or E&s;tates of any that have adhered to Him (He truly profe&s;&s;eth) <HI>He cannot with Ju&s;tice and Honour agree thereto.</HI></P>
<P N="4">4. Nor do we &s;ee how Delinquents (being left to the Law) can e&s;cape ju&s;tice, the King having granted the 1. proemial Propo&s;ition, and (&s;o by a Law) acknowledged the Parliaments Cau&s;e and War to be ju&s;t.</P>
<P>For the Church, The Hou&s;es propound the utter <HI>aboli&s;hing of Archbi&s;hops, Bi&s;hops,</HI> &amp;c. <HI>The &s;ale of their Lands, that Reformation of Religion be &s;etled by Act of Parliament as both Hou&s;es have, or &s;hall agree.</HI> The Kings An&s;wer takes away Church-Government by Arch-bi&s;hops, Bi&s;hops, <HI>&amp;c.</HI> by taking away their Courts and Officers, and &s;o far takes away their power of Ordination that it can never be revived again but by Act of Parliament, &s;o that Epi&s;copacy is dive&s;ted of any actual being by the Law of the Land, and in&s;tead thereof the Presbyterian Government &s;et|led for three years by a Law; which is for &s;o long a time as the
<PB N="78" REF="147"> Hou&s;es formerly in their Ordinances pre&s;ented to Him at <HI>New-ca&s;tle,</HI> did them&s;elves think fit to &s;ettle it: For the Sale of Bi|&s;hops Lands upon the publike F<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ith;<NOTE PLACE="marg">Every cheating Saint of the Faction mu&s;t have the Publike Faith exactly kept, though he bought the Lands but at 2 or 3. years ju&s;t value, and with &s;uch monies as he had for|merly cheated the State of; when other men who have lo&s;t the be&s;t part of their E&s;tates by and for the Pa li<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ment, for compen&s;ation whereof they have the publike Faith engaged by Ordinances, are con&s;umed by Taxes, and repaied with reproaches onely.</NOTE> we &s;ay, That although the Purcha&s;ers might well have afforded to have gi|ven the &s;ame rates for their Purcha&s;es (which they now give) if they might have had them a&s;&s;ured by Act of Par|liament for 99 years, and &s;uch mode|rate Rents re&s;erved as the King inti|mates in his An&s;wer; yet (in His An|&s;wer) he expre&s;&s;eth a farther &s;atisfaction to be given them: upon which we &s;hould have in&s;i&s;<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ed, n<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">with<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> anding the &s;aid Vote.</P>
<P>5. <HI>Decemb.</HI> 1648. We farther alledge, That the King having granted the re&s;t of the Propo&s;itions <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">d <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">o much in the&s;e 2. De|linquents, and the Church; the Natio<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">l Covenant doth not oblige us to make War upon this poi<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> nothing can make Presbytery (nor the Purcha&s;ers of Bi&s;hops L<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> is more odious, nor endanger them more, than to make them the &s;ole ob&s;tacle of Peace; nor could any thing more work the King to comply with our de&s;ires herein, than for us to draw a little neerer Him.</P>
<P>The Con&s;iderations leading us to pa&s;s the &s;aid Vote, 5 <HI>Dec.</HI> 1648. come next to be con&s;idered:
<LIST>
<ITEM>1. <HI>The &s;aving of</HI> Ireland.</ITEM>
<ITEM>2. <HI>The regaining the revolted Navy and freedom of the Seas.</HI></ITEM>
<ITEM>3. <HI>The &s;upport of the Ancient Government of the Kingdome.</HI></ITEM>
<ITEM>4. <HI>The putting the people into a &s;ecure po&s;&s;e&s;sion of their Laws and Liberties.</HI></ITEM>
<ITEM>5. <HI>The avoiding &s;uch evill con&s;equences as were apparently to fol|low a breach with the King.</HI></ITEM>
</LIST></P>
<P>As 1. the Depo&s;ing the King, if not the depriving Him of life:<NOTE PLACE="marg">Return to Sect. 71.</NOTE> whereupon floods of mi&s;ery will follow, and &s;candal to the Prote&s;tant Religion, which we (from our hearts) dete&s;t and abhor: See the many Declarations of Parliament again&s;t it.</P>
<P N="2">2. The nece&s;&s;itating of the Prince to ca&s;t him&s;elf into the Armes of Forreign Popi&s;h Princes, and embrace Popi&s;h Allian|ces for his &s;uccour.</P>
<P N="3"><PB N="79" REF="147">3. It may beget a change of Government, and a laying a&s;ide of Monarchy here: and &s;o a Breach with <HI>Scotland,</HI> and this Kingdome (being the more rich) likely to be the Seat of the War.</P>
<P N="4">4. The va&s;t Debts of this Kingdom upon the publike Faith, will never be paid in War, but increa&s;ed and multiplied: mul|titudes of Sufferers by, and for the Parliament like to be repayed onely with new &s;ufferings, and every years War de&s;troies more Families, and makes more Malignants through di&s;contenting pre&s;&s;ures: until at la&s;t the Souldier &s;eeing no hope of pay, the People no hope of peace and ea&s;e, fall together into a general and de&s;perate tumultuou&s;ne&s;s; the power of the Sword appa|rently threatning a di&s;&s;olution of Government both in Church and Common-wealth.</P>
<P>To that &s;candalous Objection, which &s;aith, <HI>The corrupt majori|ty will not l<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">nd an ear to admit a thought towards the laying down their own power, or rendring it back to the People from whom they received it.</HI> We &s;ay, this Objection is unrea&s;onable from men who endea|vour to perpetuate an Army upon the Kingdome; nor is the continuance of this Parliament &s;ingly objected, but that they will not render it back to the People, <HI>Viz.</HI> To a new Repre|&s;entative, invented and made by the Army, that is, We will not render our power into the hands of the Army.</P>
<P>Another Objection is, <HI>That what&s;oever the King granted, He might plead Force to break it, and &s;poil us by policy.</HI> This Objecti|on might have been made again&s;t all our Treaties: If there be a|ny Force, it is from the Army, for &s;poiling us by policy. The Kings of this Land could never encroach upon our good Laws, but by corrupt Judges and Mini&s;ters, who though they could not abrogate the Law, made it &s;peak again&s;t it &s;elf, and the inten|ded good of the People, or el&s;e by the power of Courtiers, &s;top|ping the cour&s;e of Ju&s;tice at the Councel Table; and in other Arbitrary Courts: both which are taken away by the Kings Conce&s;&s;ions.</P>
<P N="1">1. <HI>That the Nomination of Judges and Officers be in the Parlia|ment.</HI></P>
<P N="2">2. <HI>That the King make no new Parliament Lords for the future to Vote there.</HI></P>
<PB N="80" REF="148">
<P><NOTE PLACE="marg">For this you mu&s;t take the faith of the mi&s;ty brained Penman, who had this (as well as many other gro&s;s Lies) by Revelation. The Army had had the King in h<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ir power, and had the Parliament ad|journed, the &s;ole power of the Kingdom had been left in the Army; which is a thing aimed at by them:</NOTE>Another Objection is, <HI>That they had intelligence, that had they been &s;uffered to meet all in the Hou&s;e once more, it was de&s;igned to have pa&s;&s;ed &s;ome higher Re&s;olutions, to lay farther foundations of a new quarrel, &s;o as to carry therein the name and countenance of Parliamen|tary Authori<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">y together with the Kings, upon an acceptable pretence of Peace, to draw men in, and then to have adjourned the Parliament for a long time, excluding all remedy in this ca&s;e but by another War.</HI> To this we &s;ay, the Hou&s;e immediately upon pa&s;&s;ing the Vote, 5. <HI>De|cemb.</HI> &s;ent a Committee to the General to confer with him and his Officers, and keep a good corre&s;pondency with them: To which, the General promi&s;ed his readine&s;s, how&s;oever it was hindred afterwards. And then they &s;eized upon one of the Com|mi&s;&s;ioners appointed to Treat, affronted another, and left no way free for a Conference, which &s;hews they were re&s;olved to doe what they had de&s;igned.</P>
<P>The la&s;t Obj. is, <HI>That tho&s;e Members that are yet detained in Cu|&s;todie, are either &s;uch as have been formerly Impeached, and</HI> (in part) <HI>judged by the Hou&s;e for Trea&s;on, and other Crimes, and never acquit|ted, and again&s;t whom they can, and very &s;hortly will produce new matter of no le&s;s crime; or el&s;e &s;uch who have appeared mo&s;t active and uni|ted in Councels with them: again&s;t whom al&s;o they are preparing, and &s;hall &s;hortly give matter of particular Impeachment.</HI> To this we &s;ay, that when it appears what tho&s;e crimes are, and what per|&s;ons are charged with them, we doubt not but they will &s;uf|ficiently acquit them&s;elves, if things may be legally carried in a judicial way by competent Judges not preingaged. In the mean time we conclude, That Souldiers, who&s;e advantages ari&s;e by War, are not fit to judge of the Peace of the Nation.</P>
<P><NOTE PLACE="marg">74. A Declaration by Mr. <HI>Walker,</HI> and Mr. <HI>Pryn</HI></NOTE>The 19. <HI>Jan.</HI> 1648. Mr. <HI>Pryn,</HI> and Mr. <HI>Walker,</HI> (two of the &s;ecured Members) publi&s;hed in print their Declaration and Prote&s;tation, again&s;t the actings and proceedings of the Army and their Faction now remaining in the Hou&s;e of Commons; as followeth:
<Q><PB N="81" REF="148">
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="document">
<HEAD>A Declaration and Prote&s;tation of <HI>Will: Pryn,</HI> and <HI>Clem: Walker,</HI> E&s;quires; Members of the Hou&s;e of Commons: Against the pre&s;ent Actings and Proceedings of the Generall, and Generall Councell of the Army, and their Election now remaining and &s;itting in the &s;aid Hou&s;e.</HEAD>
<P>WHereas long &s;ince, for ea&s;e of the People, both Hou&s;es in a full and free Parliament Voted the Disbanding of this Army: in oppo&s;ition to which, &s;ome great Officers of the &s;aid Army, (to continue their rich Commands) with &s;ome Mem|bers of the Hou&s;e of Commons, (who daily inrich them&s;elves by the troubles of the times) &s;ecretly mutinied the Army again&s;t the Parliament. And whereas, lately the farre major part of the Hou&s;e of Commons, pittying the bleeding condition, and tears of the oppre&s;&s;ed People, Voted, and entred into a Per&s;onall Treaty with the King: without which (by the Armies own con|fe&s;&s;ion in their Remon&s;trance at Saint <HI>Albons, p.</HI> 64.) there can be no peace; which the Army interrupted by obtruding upon the Commons a trea&s;onable Remon&s;trance, 20. <HI>Novemb.</HI> 1648. tending to de&s;troy the King, and His Po&s;terity, and wholly to &s;ubvert all Parliaments, Religion, Laws, and Liberties for ever; whereby the Commons in Parliament found it ab&s;olutely nece&s;|&s;ary to prevent &s;uch pernitious innovations, by concluding a &s;afe peace with His Maje&s;ty; whereupon (after mature debate) the Hou&s;e of Commons the 5. <HI>Decemb.</HI> 1648. Voted, <HI>That the Kings An&s;wer to the Propo&s;itions of both Hou&s;es upon the Treaty, were a ground for the Hou&s;es to proceed to the &s;ettlement of a &s;afe and well-grounded Peace:</HI> Upon which, the Generall, and Councell of Warre, Wedne&s;day morning, 6. <HI>December,</HI> 1648. Seized and Im|pri&s;oned 41 of the Members going to the Hou&s;e of Commons to do their Duty, &s;ecluded above 160. other Members, be&s;idss 40. or 50. Members who voluntarily withdrew them&s;elves to avoid their violence, leaving onely their own engaged party of 40. or 50. Members &s;itting, who now pa&s;s Acts of Parliament of the Hou&s;e of Commons (as they call them) without the Lords; and comply with the &s;aid Councell of Warre, to carry on the &s;aid Remon&s;trance: To which purpo&s;e this pre&s;ent remnant of the
<PB N="82" REF="149"> Commons have unvoted in a thin Hou&s;e under the force of the Army, what was deliberately Voted in a full and free Hou&s;e; whereas by their own Ordinance pa&s;&s;ed upon the Tumult of Apprentices, 20. <HI>Augu&s;t,</HI> 1647. to null, and make void <HI>ab initio,</HI> all Acts, Orders, Votes, &amp;c. pa&s;&s;ed under the &s;aid force: This remaining Party ought not to &s;it, act, nor take upon them the &s;tyle of a Hou&s;e, under &s;o vi&s;ible, actuall, and horrid a Force.</P>
<P>The premi&s;es con&s;idered, We who&s;e names are hereunto &s;ub|&s;cribed, Members of the Hou&s;e of Commons, do declare and prote&s;t, That the &s;aid Generall, Commi&s;&s;ioned Officers, and Ge|nerall Councell of the Army, by the &s;aid act of violence, upon the major part of the Hou&s;e, which legally and virtually is the whole Hou&s;e, have waged War, and Rebelled again&s;t the Parli|ament their Ma&s;ters, who rai&s;ed them to defend the Priviledges of Parliament, and the Kings Per&s;on and Authority, in defence of Religion, Laws, and Liberties, and have thereby forfeited their Commi&s;&s;ions, and have broken and di&s;-continued this Parlia|ment; &s;o that, untill this force be removed, puni&s;hed, the Honour of the Parliament and their wronged Members vindicated, and all the Members re&s;ummoned, all the Votes, Orders, and Actings, pa&s;&s;ed, and to be pa&s;&s;ed by this nominall Hou&s;e of Commons, are, and will be void, <HI>ab initio,</HI> and all &s;uch as do, or &s;hall obey them, are and will be puni&s;hable, both by the Armies own judg|ment in their Remon&s;trance, <HI>Augu&s;t</HI> 18. and by the Hou&s;es De|claration, and the &s;aid Ordinance, 20. <HI>Augu&s;t,</HI> 1647.</P>
<P>We do farther declare and prote&s;t again&s;t this pre&s;ent Hou&s;e of Commons illegall Acts, Order, or Ordinance, for erecting a High Court of Ju&s;tice, and u&s;urping a power without any Law or pre&s;ident, to Trie, Depo&s;e, and bring to capitall puni&s;hment the King, and to Di&s;-inherit His Po&s;terity, or any of them, and again&s;t the &s;aid Generall Councell of Officers, aiding and abet|ting them therein, as highly impious again&s;t the Law of God, Nations, and the Prote&s;tant Profe&s;&s;ion, Traitors again&s;t the <HI>Stat.</HI> of Trea&s;on, 25. <HI>Edw.</HI> 3. and again&s;t all Laws and our Statutes, perjurious and perfidious, again&s;t the Oaths of Allegiance, Su|premacy, Nationall Covenant, and Prote&s;tation; all the Parlia|ments Declarations and Remon&s;trances held forth to the world; their Treaties and promi&s;es made to the <HI>Scots</HI> when they deli|vered
<PB N="83" REF="149"> the Kings Per&s;on into our hands; again&s;t our promi&s;es made to the <HI>Hollanders,</HI> and other Nations, and again&s;t all the Profe&s;&s;ions, Declarations, Remon&s;trances, and Propo&s;als made by this Army; when they made their Addre&s;&s;es to the King at <HI>New-market, Hampton-Court,</HI> and other places.</P>
<CLOSER><SIGNED><LIST>
<ITEM>William Pryn.</ITEM>
<ITEM>Clem: Walker.</ITEM>
</LIST></SIGNED>
<DATELINE><DATE>January 19. 1648.</DATE></DATELINE></CLOSER>
</DIV1>
</BODY>
</TEXT></Q></P>
<P><NOTE PLACE="marg">75. The Coun: of Officers order 2. Petitions for the Commons Hou&s;e again&s;t Tythes. 2. again&s;t the Stat. for Bani|&s;hing the Jews.</NOTE>Aout this time the Generall Councell of Officers at <HI>White-Hall,</HI> ordered, <HI>That two Petitions</HI> (or mandates rather) <HI>&s;hould be drawn, and pre&s;ented to their Hou&s;e of Commons; One again&s;t Pay|ment of Tythes; the other, for Repealing the Act for Bani&s;hment of the Jews:</HI> Hear you &s;ee they &s;hake hands with the Jews, and crucifie Chri&s;t in his Mini&s;ters, as well as in his Anointed, the King.</P>
<P>About this time Col: <HI>Tichburn,</HI> and &s;ome &s;chi&s;maticall Com|mon-Councell-men,<NOTE PLACE="marg">57. Col: <HI>Tichburns</HI> Petition and complaint a|gain&s;t the Lord Mayor, and their Orders thereupon. The like Peti|tions were in|vited from mo&s;t Coun|ties, where a dozen Schi&s;|m<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ticks and two or three Cloaks repre|&s;ented a whole Country.</NOTE> pre&s;ented a Petition to the &s;upreme Autho|rity the Commons in Parliament, demanding <HI>ju&s;tice again&s;t all grand and capitall Actors in the late Warres again&s;t the Parliament from the highe&s;t to the lowe&s;t: the Militia, Navy, and all Places of power to be in faithfull hands,</HI> (that is, in their own Faction, all others being di&s;placed under the generall notion of di&s;affe|cted) <HI>to &s;ettle the Votes, (That the &s;upreme Authority is in the Com|mons in Parliament a&s;&s;embled.)</HI> They complained, <HI>That the Lord Mayor, and &s;ome Aldermen, denied to put their Petition to the Que&s;tion at the Common Councell, and departed the Court, with the Sergeant and Town-Clerke, That the Court afterwards pa&s;&s;ed it Nemine contradicente.</HI> The Commons thanked the Petitioners (for the tender of their a&s;&s;i&s;tance) and Ordered, <HI>That the Petition &s;hould be entered among&s;t the Acts of the Common Councell, and owned them for a Common Councell notwith&s;tanding the departure of the Lord Mayor, &amp;c.</HI> And about four or five daies after, the Commons Ordered,<NOTE N="*" PLACE="marg">See a ju&s;t and &s;olemn Prote&s;t: of the free Cit<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">zens of <HI>London,</HI> again&s;t the Ordinance, 17. <HI>Decemb.</HI> 1647. di&s;abling &s;uch as had any hand in the City Engag|ment to bear Office.</NOTE> <HI>That any &s;ix of the Commons Councell, (upon eme gent occa&s;ions) might &s;end for the Lord Mayor to call a Com|mon Councell them&s;elves, and any forty of them to have power to Act
<PB N="84" REF="150"> as a Common Councell without the Lord Mayor, any thing in their Charter to the contrary notwith&s;tanding.</HI> Thus you &s;ee the Votes of this &s;upreme thing (the Hou&s;e of Commons) are now become the onely Laws and Rea&s;on of all our actions.</P>
<P><NOTE PLACE="marg">77, An Act pa&s;&s;ed for adjourn|ment of part of <HI>Hillary Term,</HI> and the Lords concur|rence rejected.</NOTE>The 16 <HI>Jan.</HI> 1648. was pa&s;&s;ed an Act of the Commons <HI>for ad|journment of Hillary Term for fourty daies</HI> This was in order to the Kings Triall, but the Commi&s;&s;ioners of the Great Seal, de|clared, <HI>That they could not agree to &s;eal Writs of Adjournment without the Lords concurrence,</HI> (the a&s;&s;ent of one Lord being re|qui&s;ite) their tame Lord&s;hips &s;ent down to the Commons to offer their readine&s;s <HI>to joyn therein.</HI> But the Commons having formerly Voted, <HI>The Supreme Power to be in them&s;elves as the Peoples Repre&s;entative, and that the Commons in every Committee &s;hould be empowered to Act without the Lords.</HI> The Que&s;tion was put, <HI>Whe|ther the Hou&s;e would concurre with the Lords therein?</HI> which pa&s;&s;ed in the <HI>Negative:</HI> &s;o the Lords were not owned. Afterwards they ordered, <HI>that the Commoners (Commi&s;sioners for the Great Seal) &s;hould i&s;&s;ue forth Writs without the Lords.</HI></P>
<P><NOTE PLACE="marg">78. <HI>The Agreement of the People</HI> pre&s;ented to the Hou&s;e of Commons by the Officers the Army. <HI>Diurnall,</HI> from <HI>Jan.</HI> 15. 10. 22. 1648. nu. 286.</NOTE>20. <HI>January,</HI> Lieut. Generall <HI>Hammond,</HI> with many Officers of the Army, pre&s;ented to the Commons from the Generall and Councell of the Army, a thing like <HI>a Petition,</HI> with <HI>The Agree|ment of the People,</HI> annexed. Mr. Speaker <HI>thanking them,</HI> de&s;ired them <HI>to return the hearty thanks of the Hou&s;e to the Generall and all his Army for their gallant &s;ervices to the Nation; and de&s;ired the Pe|tition and Agreement &s;hould be forthwith printed, to &s;hew the good affection between the Parliament and Army.</HI> I cannot blame them to brag of this affection, being the be&s;t &s;tring to their bowe. About this time &s;ome wel-meaning man (that dur&s;t think truth in pri|vate) publi&s;hed his thoughts under the Title of <HI>[Six &s;erious Quae|ries, concerning the Kings Triall, by the High Court of Ju&s;tice..</HI></P>
<P N="1"><NOTE PLACE="marg">79. 6. Queries con|cerning the Kings Triall by the new High Court of Ju&s;tice.</NOTE>1. Whether a King of three di&s;tinct Kingdoms can be condemn|ed and executed by one Kingdom alone, without the concurrent con&s;ent, or again&s;t the judgement of the other two?</P>
<P N="2">2. Whether if the <HI>King</HI> be indicted or arraignd of <HI>high Trea&s;on,</HI> he ought not to be tried by his Peers? &amp; whether tho&s;e who are now nominated to trie him, or any others in the Kingd: be his Peers?</P>
<P N="3">3. Whether if the King be triable in any Court, for any Trea|&s;on again&s;t the Ki<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">gdom, He ought not to be tried onely in full
<PB N="85" REF="150"> Parliament, in the mo&s;t &s;olemn and publike manner, before all the Members of both Hou&s;es, in as honourable a way, as <HI>Strafford</HI> was in the beginning of this Parliament? And whether He ought not to have liberty and time to make His full defence, and the benefit of his learned Coun&s;el, in all matters of Law, that may ari&s;e in or about his Trial, or in demurring to the juri&s;dicti|on of this illegal new Court, as <HI>Strafford</HI> and <HI>Canterbury</HI> had?</P>
<P N="4">4. Whether one eighth part only of the Members of the Com|mons Hou&s;e, meeting in the Hou&s;e, under the Armies force, when all the re&s;t of the Members are forcibly re&s;trained, &s;ecluded, or &s;cared away by the Armies violence, and repre&s;enting not above one eighth part of the Counties, Cities, &amp; Boroughs of the King|dom, without the con&s;ent and again&s;t the Vote of the majority of the Members, excluded and cha&s;ed away, and of the Hou&s;e of Peers, by any pretext of Authority, Law, or Ju&s;tice, can erect a New great Court of Ju&s;tice to try the King, in whom all the re&s;t of the Members, Peers and Kingdom (being far the Major part) have a greater intere&s;t then they? Whether &s;uch an High Court can be erected without an Act of Parl. or at lea&s;t an Ordin. of both Hou&s;es, and a Commi&s;&s;ion under the Great Seal of <HI>Eng|land?</HI> And if not, whether this can be properly called a Court of Ju&s;tice? and whether it be &s;uperiour or inferiour to tho&s;e who erected it? who either cannot or dare not try and condemn the King in the Com. Hou&s;e; though they now &s;tile it, <HI>The Supreme Authority of the Kingdom;</HI> and whether all who &s;hall &s;it as Judges, or act as Officers in it towards the Depo&s;ing or taking away the Kings life, be not really guilty of High Trea&s;on, and all tho&s;e who were aiding or a&s;&s;enting to the erection thereof in &s;uch an irregular manner, by the Laws and Statutes of this Realm?</P>
<P N="5">5. Whether tho&s;e who are profe&s;&s;ed Enemies to the King, and by their Remon&s;trances, Speeches, and actions, profe&s;s they de|&s;ire his blood and &s;eek his life, can either in Law or Con&s;cience be reputed competent Judges to try him for his life? It being a ju&s;t exception to any Jury man, who is to try the ba&s;e&s;t or poore&s;t Felon, and a legal challenge for which he mu&s;t be withdrawn; that he is a profe&s;&s;ed Enemy and Pro&s;ecutor who &s;eeks his life, and therefore no lawfull nor indifferent trier of him for it.</P>
<P N="6">6. Whether the triall and taking away of the Kings life by
<PB N="86" REF="151"> &s;uch an illegal and arbitrary High Court of Ju&s;tice, as this, will not prove a mo&s;t dangerous inlet, to the ab&s;olute&s;t tyranny and bloodie&s;t butchery ever yet heard of, or practi&s;ed in this, or any other Nation? and a ready way to teach us, how to chop off one anothers heads, till we are all de&s;troyed? For if they may take a|way the Kings head in it without, and again&s;t all rules of Law: then by the &s;ame or &s;tronger rea&s;on, they may in like manner chop off the heads of any Nobleman, Peer, Member, Gentleman, or inferiour Subject for any imaginary Trea&s;on or offence, and confi&s;cate their E&s;tates, there being no a&s;&s;urance they will &s;top at the Kings:<NOTE PLACE="marg">The An&s;wer of the Generall Councel of Of|ficers touch|ing the &s;eclu|ded Members, <HI>Jan.</HI> 3. 1648.</NOTE> And if tho&s;e who are confe&s;&s;ed to be the Majority of the Com. Hou&s;e, and therefore excluded, or the Prince of <HI>Wales</HI> next Heir to the Crown, or the Malignant party, or any oher Fa|ction what&s;oever which may ari&s;e, &s;hould at any time hereafter get the upper hand by the peoples general adhering to them, or any divi&s;ions of the Army, or by any means Gods providence &s;hould admini&s;ter (who hath thou&s;ands of ways to pull down the proude&s;t Tyrants, and di&s;&s;ipate the &s;tronge&s;t Armies in a mo|ment, as he did <HI>Senacheribs,</HI> the Midianites, the Moabites, and Ammonites, with &s;undry others recorded in &s;acred Writ, and prophane Stories, and the Scots Army but few months &s;ince) they may by like authority and pre&s;ident erect the like new Court, to cut off the heads of all the Members now &s;itting, and of the pre&s;ent General Councel of the Army, and all the Com|mi&s;&s;ioners acting in this new Court; and &s;o fall a murthering and butchering one another, till we were all de&s;troyed one by another, and made a &s;pectacle of mo&s;t unnatural tyranny, and cruelty to the whole world, Angels, and Men, and a prey to our common Enemies. Upon which con&s;ideration, let every man now &s;eriou&s;ly lay his hand upon his own brea&s;t, and &s;adly con|&s;ider what the bloody tragical i&s;&s;ue of this new <HI>Phaleris</HI> Bull, may prove to him or his; and whether every Free-born Eng|li&s;h-man (e&s;pecially of Noble&s;t birth, and ample&s;t E&s;tate) be not deeply obliged in point of prudence and con&s;cience to u&s;e his utmo&s;t endeavour with hazard of life and e&s;tate, to prevent the erection of &s;uch an exorbitant and illegal Authority, in the very ri&s;e and foundation, ere it be over-late; and not patiently &s;uffer a ra&s;h incon&s;iderate number of Hot&s;purs (of mean condition
<PB N="87" REF="151"> and broken de&s;perate fortunes for the mo&s;t part) out of private malice, fear, or de&s;igns to &s;ecure and enrich them&s;elves by the ruines of others of better fortunes and quality; to &s;et up &s;uch a new &s;hambles to butcher and quarter the King, Nobles, Parlia|ment-men, Gentlemen, and per&s;ons of all conditions, as was ne|ver heard of among Pagans or Chri&s;tians, from the Creation to this pre&s;ent, and will no way &s;uit with our Engli&s;h &s;oil, already overmuch watred with Engli&s;h blood; and &s;o deeply ingaged a|gain&s;t all arbitrary and tyrannical u&s;urpations and proceedings (e&s;pecially capital) in any hands what&s;oever, which have co&s;t us &s;o much blood and trea&s;ure to oppo&s;e and fight again&s;t for &s;even years la&s;t pa&s;t.</P>
<P>Saturday, <HI>Ian.</HI> 20. 1648.<NOTE PLACE="marg">80. The fir&s;t days Trial of his Maje&s;ty.</NOTE> The new thing called <HI>The High Court of Justice</HI> &s;ate: <HI>Brad&s;haw</HI> being Pre&s;ident, who had the Mace and Sword carried before him, and 20 Gentlemen (for&s;ooth) with Partizans for his Guard, under the command of Colonel <HI>Fox</HI> the Tinker. An <HI>O yes</HI> being made, and <HI>&s;ilence</HI> commanded: the &s;aid Act of the Commons for erecting the &s;aid Court was read, and the Court called, there being about 70 of the Commi&s;&s;ioners pre&s;ent. Then the King was brought to the Bar by Col. <HI>Hacker</HI> with Halberdiers, the Mace of the Court conducting him to his chair within the Bar where he &s;ate. And then Pre&s;. <HI>Brad&s;haw</HI> &s;aid to the King, <HI>Charles Stuart King of</HI> England; <HI>The Commons of</HI> England <HI>a&s;&s;embled in Parliament being &s;en&s;ible of the great cala|mities brought upon this Nation,</HI><NOTE PLACE="marg">Prove this power and tru&s;t: The whole King|dom (in effect) deny it. So do all our Law-Books, and the practice of all Ages.</NOTE> <HI>and of the innocent blood &s;hed (which are referred to you as the Author of it) according to that duty which they owne to God, the Nation, and them&s;elves, and according to that power and fundamental tru&s;t repo&s;ed in them by the People, have con&s;tituted this High Court of Ju&s;tice, before which you are now brought, and you are to hear your Charge, upon which the Court will proceed.</HI></P>
<SP>
<SPEAKER>Solicitor <HI>Cook.</HI></SPEAKER>
<P><HI>My Lord, in behalf of the Commons of</HI> England, <HI>and of all the People thereof, I do accu&s;e</HI> Charles Stuart <HI>here pre&s;ent of High Trea&s;on and mi&s;demeanours, and I doe in the name of the Commons of</HI> England <HI>de&s;ire the Charge may be read unto him.</HI></P>
</SP>
<SP>
<SPEAKER>The King.</SPEAKER>
<P><HI>Hold a little.</HI></P>
</SP>
<SP>
<SPEAKER>Pre&s;ident.</SPEAKER>
<P><HI>Sir, the Court commands the Charge to be read; after|wards you may be heard.</HI> The Charge was read, as followeth:
<Q><PB N="88" REF="152">
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="document">
<HEAD>The Charge again&s;t King <HI>Charles</HI> the Fir&s;t, January <HI>20. 1648.</HI></HEAD>
<P><NOTE PLACE="marg">The Charge read.</NOTE>THat the &s;aid CHARLES STUART, being admitted King of <HI>England,</HI> and therein tru&s;ted with a <HI>limited power</HI> to govern by, and according to the Laws of the Land, and not otherwi&s;e: And by his Tru&s;t, Oath, and Office: being obliged to u&s;e the power committed to him, <HI>For the good and benefit of the People,</HI> and for the pre&s;ervation of their Rights and Liberties; yet ne|verthele&s;s, out of a <HI>wicked de&s;ign,</HI> to erect and uphold in him&s;elf an unlimited and tyrannical power, to rule <HI>according to his Will,</HI> and to overthrow the Rights and Liberties of the People: Yea, to take away, and make void the foundations thereof, and of all redre&s;s and remedy of mi&s;-government, which by the fundamen|tal Con&s;titutions of this Kingdom, were re&s;erved on the peoples behalf, in the right and power of frequent and &s;ucce&s;&s;ive Parlia|ments, or National meetings in Councel; He, the &s;aid <HI>Charles Stuart,</HI> for accompli&s;hment of &s;uch his <HI>De&s;igns,</HI> and for the pro|tecting of him&s;elf and his Adherents, in his and their <HI>wicked Practi&s;es</HI> to the &s;ame Ends, hath traiterou&s;ly and malitiou&s;ly le|vied War again&s;t the pre&s;ent Parliament, and the People therein Repre&s;ented.</P>
<P>Particularly, upon or about the thirtieth day of <HI>June,</HI> in the year of our Lord, one thou&s;and &s;ix hundred forty and two, at <HI>Beverley,</HI> in the County of <HI>York;</HI> and upon, or about the thirtieth day of <HI>July,</HI> in the year afore&s;aid, in the County of the City of <HI>York:</HI> and upon, or about the twenty fourth day of <HI>Augu&s;t,</HI> in the &s;ame year, at the County of the Town of <HI>Nottingham,</HI> (when, and where he &s;et up his Standard of War, and al&s;o on or about the twenty third day of <HI>October</HI> in the &s;ame year, at <HI>Edgehill,</HI> and <HI>Keinton-field,</HI> in the County of <HI>Warwick:</HI> and upon or about the thirtieth day of <HI>November,</HI> in the &s;ame year, at <HI>Brainford,</HI> in the County of <HI>Middle&s;ex:</HI> and upon, or about the thirtieth day of <HI>Augu&s;t,</HI> in the year of our Lord, one thou&s;and &s;ix hundred fourty and three, at <HI>Cave&s;ham-bridge,</HI> neer <HI>Reading,</HI> in the County of <HI>Berks:</HI> and upon, or about the thirtieth day of <HI>October,</HI> in the year la&s;t mentioned, at, or neer the City of <HI>Glou|ce&s;ter:</HI>
<PB N="89" REF="152"> And upon, or about the thirtieth day of <HI>November,</HI> in the year la&s;t mentioned, at <HI>Newbury,</HI> in the County of <HI>Berks:</HI> And upon, or about the one and thirtieth day of <HI>July,</HI> in the year of our Lord, one thou&s;and &s;ix hundred forty and four, at <HI>Cropredy-bridge,</HI> in the County of <HI>Oxon:</HI> And upon, or about the thir|tieth day of <HI>September,</HI> in the year la&s;t mentioned, at <HI>Bodmin,</HI> and other places neer adjacent, in the County of <HI>Cornwall:</HI> And up|on, or about the thirtieth day of <HI>November,</HI> in the year la&s;t men|tioned, at <HI>Newbury</HI> afore&s;aid: And upon, or about the eighth day of <HI>June,</HI> in the year of our Lord, one thou&s;and &s;ix hundred forty and five, at the Towne of <HI>Leice&s;ter:</HI> And al&s;o, upon the fourteenth day of the &s;ame moneth, in the &s;ame year, at <HI>Na&s;eby-field,</HI> in the County of <HI>Northampton.</HI> At which &s;everal times and places, or mo&s;t of them, and at many other places in this Land, at &s;everal other times, within the years aforementioned: And in the year of our Lord, one thou&s;and &s;ix hundred forty and &s;ix, He, the &s;aid <HI>Charles Stuart,</HI> hath cau&s;ed and procured many thou&s;ands of the free-people of the Nation to be &s;laine; and by Divi&s;ions, Parties, and In&s;urrections, within this Land, by in|va&s;ions from forraigne parts, endeavoured and procured by Him, and by many other evill waies and meanes. He the &s;aid <HI>Charles Stuart,</HI> hath not only maintained and carried on the &s;aid Warre, both by Land and Sea, during the years before mentioned, but al&s;o hath renewed, or cau&s;ed to be renewed, the &s;aid Warre a|gain&s;t the Parliament, and good people of this Nation, in this pre&s;ent yeare, one thou&s;and &s;ix hundred forty and eight, in the Counties of <HI>Kent, E&s;&s;ex, Surrey, Su&s;&s;ex, Middle&s;ex,</HI> and many other Counties and places in <HI>England</HI> and <HI>Wales,</HI> and al&s;o by Sea. And particularly, He the &s;aid <HI>Charles Stuart,</HI> hath for that pur|po&s;e, given Commi&s;&s;ions to his Sonne, the Prince, and others, whereby, be&s;ides multitudes of other Per&s;ons, many &s;uch, as were by the Parliament intru&s;ted and employed, for the &s;afety of the Nation; being by Him or his Agents, corrupted; to the betray|ing of their Tru&s;t, and revolting from the Parliament, have had entertainement and commi&s;&s;ion, for the continuing and renew|ing of Warre, and Ho&s;tility, again&s;t the &s;aid Parliament and People, as afore&s;aid. By which cruell and unnaturall Warres by Him, the &s;aid <HI>Charles Stuart,</HI> levyed, continued&punc; and renewed, as
<PB N="90" REF="153"> afore&s;aid, much Innocent bloud of the Free-people of this Na|tion hath been &s;pilt, many Families have been undone, the Pub|lique Trea&s;ury wa&s;ted and exhau&s;ted, Trade ob&s;tructed, and mi|&s;erably decayed, va&s;t expence and damage to the Nation incur|red, and many parts of the Land &s;poyled, &s;ome of them even to de&s;olation.</P>
<P>And for further pro&s;ecution of His &s;aid evill De&s;ignes, He, the &s;aid <HI>Charles Stuart,</HI> doth &s;till continue his Commi&s;&s;ions to the &s;aid Prince, and other Rebels and Revolters, both Engli&s;h and Forraigners; and to the Earle of <HI>Ormond,</HI> and to the Iri&s;h Re|bels and Revolters, a&s;&s;ociated with him; from whom further Inva&s;ions upon this Land are threatned, upon the procurement, and on the behalf of the &s;aid <HI>Charles Stuart.</HI></P>
<P>All which wicked De&s;ignes, Warrs, and evill practi&s;es of Him, the &s;aid <HI>Charles Stuart</HI> have been, and are carried on, for the ad|vancing and upholding of the Per&s;onall Intere&s;t of Will and Power, and pretended prerogative to Him&s;elf and his Family, again&s;t the publique Intere&s;t, Common Right, Liberty, Ju&s;tice, and Peace of the people of this Nation, by, and for whom He was entru&s;ted, as afore&s;aid.</P>
<P>By all which it appeareth, that He, the &s;aid <HI>Charles Stuart</HI> hath been, and is the Occa&s;ioner, Author, and Contriver of the &s;aid unnaturall, cruell, and bloudy Warrs, and therein guilty of all the trea&s;ons, murthers, rapines, burnings, &s;poiles, de&s;olations, damage and mi&s;chief to this Nation, acted or committed in the &s;aid Warrs, or occa&s;ioned therby.</P>
<P>And the &s;aid <HI>John Cook,</HI> by Prote&s;tation (&s;aving on the behalfe of the people of <HI>England,</HI> the liberty of Exhibiting at any time hereafter, any other Charge again&s;t the &s;aid <HI>Charles Stuart;</HI> and al&s;o of replying to the An&s;wers which the &s;aid <HI>Charles Stuart</HI> &s;hall make to the premi&s;es, or any of them, or any other Charge that &s;hall be &s;o exhibited) doth for the &s;aid trea&s;ons and crimes, on the behalf of the &s;aid people of England, Impeach the &s;aid <HI>Charles Stuart,</HI> as a Tyrant, Traytor, Murtherer, and a publique and implacable Enemy to the Common-wealth of <HI>England:</HI> And pray, that the &s;aid <HI>Charles Stuart,</HI> King of <HI>England,</HI> may be put to an&s;wer all and every the premi&s;es, That &s;uch Proceedings, Ex|aminations, Tryals, Sentence, and Judgment may be thereupon had, or &s;hall be agreeable to Ju&s;tice.</P>
</DIV1>
</BODY>
</TEXT></Q></P>
<PB N="91" REF="153">
<P>The King &s;miled often during the reading of the Charge, e&s;pecially at the&s;e words: <HI>Tyrant, Traytor, Murderer, and pub|lique Enemy of the Commonwealth.</HI></P>
</SP>
<SP>
<SPEAKER>Pre&s;ident.</SPEAKER>
<P><HI>Sir, you have now heard your Charge, you finde that in the clo&s;e of it, it is prayed to the Court in behalfe of the Com|mons of</HI> England, <HI>that you an&s;wer to your Charge, which the Court expects.</HI></P>
</SP>
<SP>
<SPEAKER>King.</SPEAKER>
<P><HI>I would know by what power I am called hither? I was not long ago in the</HI> I&s;le of Wight, <HI>how I came there is a longer &s;tory, then I think fit at this time for me to &s;peak: But there I entred into a Treaty with both Hou&s;es of Parliament, with as much faith as is po&s;&s;ible to be had of any People in the World: I Treated there with a number of Honourable Lords and Gentlemen, and treated ho|ne&s;tly and uprightly, I cannot &s;ay but that they did very nobly with Me: We were upon a Conclu&s;ion of the Treaty. Now I would know by what lawful Authority</HI> (there are many unlawfull Authorities, Thieves and Robbers on the High-way) <HI>I was brought from thence, and carried from place to place?</HI> (and I know not what) <HI>and when I know by what lawfull Authority, I &s;hall An&s;wer. Remember I am your King, your lawfull King, and what &s;inns you bring upon your own heads, and the judgment of God upon this Land, think well upon it, think well upon it, I &s;ay, before you go on from one &s;inne to a greater; therefore let me know by what lawfull Authority I am &s;eated here? and I &s;hall not be unwilling to An&s;wer. In the meane time I &s;hall not betray My Tru&s;t: I have a tru&s;t committed to Me by God, by old and lawfull de&s;cent; I will not betray it to an&s;wer to a new unlawfull Authority.</HI></P>
</SP>
<SP>
<SPEAKER>Brad&s;haw Pre&s;.</SPEAKER>
<P><HI>If you had been plea&s;ed to have ob&s;erved what was hinted to you by the Court at your fir&s;t comming hither, you would have known by what Authority: which Authority requires you in the name of the People of</HI> England, <HI>of whom you are Elected</HI> KING, <HI>to an&s;wer them.</HI></P>
</SP>
<SP>
<SPEAKER>King.</SPEAKER>
<P><HI>I deny that.</HI></P>
</SP>
<SP>
<SPEAKER>Brad&s;h.</SPEAKER>
<P><HI>If you acknowledge not the Authority of the Court, they mu&s;t proceed,</HI></P>
</SP>
<SP>
<SPEAKER>King.</SPEAKER>
<P><HI>I do tell them &s;o,</HI> England <HI>was never an Elective King|dome, but an Hereditary Kingdome, for neer the&s;e thou&s;and yeares: Therfore let Me know by what lawfull Authority I am called hither?
<PB N="92" REF="154"> I do &s;tand more for the Liberty of My People then any here that come to be My pretended Judges: and therefore let Me know by what lawfull Authority, and I will An&s;wer, otherwi&s;e I will not An&s;wer.</HI></P>
</SP>
<SP>
<SPEAKER>Brad&s;h.</SPEAKER>
<P><HI>Sir, How really you have managed your Tru&s;t is known: your way of An&s;wer is to interrogate the Court, which be&s;eems not you in this condition you have been told of it twice or thrice.</HI></P>
</SP>
<SP>
<SPEAKER>King.</SPEAKER>
<P><HI>Here is Lieut.</HI> Colonell Cobbet, <HI>aske him, if he did not bring Me from the</HI> I&s;le of Wight <HI>by force? I do not come here as &s;ubmitting to the Court; I will &s;tand as much for the Priviledg of the Hou&s;e of Commons, rightly under&s;tood, as any man here what&s;oever; I &s;ee no Hou&s;e of Lords here that may con&s;titute a Parliament, and (the King too) &s;hould have been.</HI> Is this the bringing the King to His Parliament? Is this the bringing an end to the Treaty on the publique Faith? <HI>Let Me &s;ee a Lawfull Authority warranted by the Word of God, the Scriptures, or by the con&s;titutions of the King|dome. I will not betray My Tru&s;t, nor the Liberties of the People; I am &s;worne to keep the Peace by that duty I owe to God, and My Country: and I will do it to the la&s;t breath in My body. As it is a &s;inne to with&s;tand lawfull Authority, &s;o it is to &s;ubmit, to a Tyran|nical, or any otherwi&s;e unlawfull Authority.</HI></P>
</SP>
<SP>
<SPEAKER>Brad&s;h.</SPEAKER>
<P><HI>The Court expects your finall An&s;wer, and will adjourne till Munday next:</HI><NOTE PLACE="marg">Bruti&s;h.</NOTE> <HI>we are &s;atisfied with our Authority that are your Judges, and it is upon Gods Authority, and the Kingdomes; and that peace you &s;peak of will be kept in doing Ju&s;tice, and that's our pre&s;ent work.</HI> So the Court adjourned, and the King was conducted back;<NOTE PLACE="marg">Note.</NOTE> They had &s;o contrived it, that diver&s;e Schi&s;maticall Souldiers, and Fellowes were placed round about the Court, to cry <HI>Ju&s;tice, Ju&s;tice,</HI> when the King was remanded, thinking all the re&s;t of the people would have bleated to the &s;ame tune, but they (almo&s;t all) cryed <HI>God ble&s;&s;e Him,</HI> and were (&s;ome of them) well cudgelled by the Souldiers for not &s;aying their prayers hand|&s;omely after the mode of the Army; one barbarous Souldier (it is confidently reported) &s;pat in the Kings Face as he bauled for <HI>Ju&s;tice:</HI><NOTE PLACE="marg">Whether this were the fir&s;t day, or afterwards, I know not.</NOTE> The King only &s;aying, <HI>My Saviour &s;uffered more for my &s;ake,</HI> wiped it off with His Handkerchief, yet the Court took no notice of this Affront, &s;o farre was His Maje&s;ty already fore-judged and condemned to Sufferings.</P>
<PB N="93" REF="154">
<P>Munday, <HI>January</HI> 22.<NOTE PLACE="marg">81. The &s;econd daies Triall of his Ma|je&s;ty.</NOTE> The KING was brought again to His Tryall.</P>
</SP>
<SP>
<SPEAKER>Solicitour <HI>Cock.</HI></SPEAKER>
<P><HI>May it plea&s;e your Lord&s;hip, I did at the la&s;t Court in behalf of the Commons of</HI> England, <HI>exhibite, and give in to this Court a charge of high Trea&s;on, and other High crimes again&s;t the Pri&s;oner at the Bar: whereof I do accu&s;e him in the name of the people of</HI> England, <HI>and the charge was read unto Him, and his An&s;wer required: My Lord, He was not then plea&s;ed to give an An&s;wer, but in&s;tead of an&s;wering did dispute the Authority of this High Court; My humble motion to this High Court in behalf of the Kingdome of</HI> England, <HI>is, That the Pri&s;oner may be directed to make a po&s;itive An&s;wer, either by way of confe&s;&s;ion, or Negation: which, if He &s;hall refu&s;e to do, That the matter of charge may be taken</HI> pro confe&s;&s;o, <HI>and the Court may proceed according to Ju&s;tice.</HI></P>
</SP>
<SP>
<SPEAKER>Brad&s;h.</SPEAKER>
<P><HI>Sir, you may remember at the la&s;t Court you were told the occa&s;ion of your being brought hither, and you heard a charge read again&s;t You, &amp;c. You hear likewi&s;e what was prayed in behalf of the People, That you &s;hould give an An&s;wer to that charge: You were then plea&s;ed to make &s;ome &s;cruples concerning the Autho|rity of this Court, and knew not by what Authority You were brought hither: You did diver&s;e times propound your Que&s;tions, and were as often An&s;wered, That it was by Authority of the Commons of</HI> England, <HI>A&s;&s;embled in Parliament, that did think fit to call You to account for tho&s;e High and capitall Mi&s;demeanours, wherewith You were then charged. Since that the Court hath taken into con&s;idera|tion what You then &s;aid, they are fully &s;atisfied with their own Au|thority, and they hold it fit You &s;hould &s;tand &s;atisfied therewith too: And they do require that you do give a po&s;itive and particular An&s;wer to this Charge exhibited again&s;t You; they expect you &s;hould either confe&s;s or deny. If you do deny,</HI><NOTE PLACE="marg">Without any Law, Pre&s;i|dent, ratio|nall debate, or Argu|ments to prove it: Oh bruti&s;h Ty|ranny.</NOTE> <HI>it is offered in the behalf of the King|dome to be made good again&s;t You, Their Authority they do avow to the whole world, that the whole Kingdome are to re&s;t &s;atisfied there|in, and You are to rest &s;atisfied in it; and therfore You are to give a po&s;itive An&s;wer.</HI></P>
</SP>
<SP>
<SPEAKER>King,</SPEAKER>
<P><HI>When I was here last, its true, I made that Question; and truly, if it were only my owne particular ca&s;e, I would have &s;atisfied My &s;elfe with the Prote&s;tation I made here the la&s;t time, again&s;t the
<PB N="94" REF="155"> Legality of this Court, and that a King cannot be tryed by any Su|periour Juri&s;diction upon Earth: but it is not my ca&s;e alone, it is the Freedome, and the Liberties of the People of</HI> England, <HI>and (do you pretend what you will) I &s;tand more for their Liberties; for if Power without Law may make Lawes, nay, alter the Fundamental Lawes of the Kingdome, I do not know what Subject he is in</HI> Eng|land <HI>that can be &s;ure of his Life, or any thing that he calls his own. Therefore, when I came hither, I did expect particular Rea&s;ons to know by what Law, what Authority, you proceed again&s;t me here? and therfore I am a little to &s;eek what to &s;ay to you in this Particu|lar, becau&s;e the Affirmative is to be proved, the Negative (often) is very hard to do. I &s;hall tell you My Rea&s;ons as &s;hort as I can. All proceedings again&s;t any man what&s;oever</HI> &mdash;</P>
</SP>
<SP>
<SPEAKER>Brad&s;h.</SPEAKER>
<P><HI>Sir, I mu&s;t interrupt You; what You do is not agre|able to the proceedings of any Court of Ju&s;tice:</HI><NOTE PLACE="marg">Fal&s;e.</NOTE> <HI>You are about to en|ter into Argument and Di&s;pute concerning the Authority of this Court, before whom You appear as a Pri&s;oner, and are charged as a High Delinquent; You may not Di&s;pute the Authority of this Court, nor will any Court give way unto it, You are to &s;ubmit to it, &amp;c.</HI></P>
</SP>
<SP>
<SPEAKER>King.</SPEAKER>
<P><HI>&V;nder favour; I do plead for the Liberty of the people of</HI> England <HI>more then you do; and therfore, If I &s;hould impo&s;e a beleefe upon any man without Rea&s;ons given, it were unrea&s;on|able</HI>&mdash;</P>
</SP>
<SP>
<SPEAKER>Brad&s;h.</SPEAKER>
<P><NOTE PLACE="marg">Oh Bruti&s;h A&s;inine King|dome, to be Governed by an up-&s;tart Authority. without u&s;e of Rea&s;on.</NOTE><HI>Sir, I mu&s;t interrupt You: You may not be permitted, You &s;peak of Law and Rea&s;on, and there is both again&s;t you. Sir, The Vote of the Commons of</HI> England <HI>a&s;&s;embled in Parliament, is the rea&s;on of the Kingdome, and they are tho&s;e that have given You that Law, according to which you &s;hould have Ruled and Raigned; Sir, It will be taken notice of, that you &s;tand in contempt of the Court, and Your contempt will be recorded accordingly.</HI></P>
</SP>
<SP>
<SPEAKER>King.</SPEAKER>
<P><HI>I do not know how a King can be a Delinquent, but by all Laws that ever I heard, all men may put in Demurrers again&s;t any proceedings as Illegall: and I do demand that, if you deny that, you deny Rea&s;on.</HI></P>
</SP>
<SP>
<SPEAKER>Brad&s;h.</SPEAKER>
<P><NOTE PLACE="marg">Over-rule a Demurrer without Argument: If a man may not Demurre to the Juri&s;diction of any Court, that Court may enlarge its bounds, and become a Corporation of Tyrants.</NOTE><HI>Sir, Neither You, nor any Man are permitted to Di&s;pute
<PB N="95" REF="155"> that Point, You are concluded; You may not demurr to the Juri&s;|diction of the Court, if You do, I mu&s;t let you know, that they over|rule Your demurrer, they &s;it here by the Authority of the Commons of</HI> England; <HI>and all Your Predece&s;&s;ours and You, are re&s;pon&s;ible to them.</HI></P>
</SP>
<SP>
<SPEAKER>King.</SPEAKER>
<P><HI>I deny that, &s;hew Me one Pre&s;ident.</HI></P>
</SP>
<SP>
<SPEAKER>Brad&s;h.</SPEAKER>
<P><HI>Sir, You ought not to interrupt while the Court is &s;peak|ing to you: this point is not to be debated by you, if you offer it by way of Demurrer, to the Juri&s;diction of the Court, they have con&s;ider|ed of their Juri&s;diction, they do affirme their own Juri&s;diction.</HI></P>
</SP>
<SP>
<SPEAKER>King.</SPEAKER>
<P><HI>I &s;ay Sir, by your favour, That the Commons of</HI> England <HI>were never a Court of Judicature: I would know how they came to be &s;o?</HI></P>
</SP>
<SP>
<SPEAKER>Brad&s;h.</SPEAKER>
<P><HI>Sir, you are not to be permitted to go on in that Speech, and the&s;e di&s;cour&s;es.</HI></P>
</SP>
<P>Then the Clerke of the Court read, as followeth:</P>
<P>Charles Stuart, <HI>King of</HI> England, <HI>you have been accu&s;ed in the behalfe of the people of</HI> England, <HI>of High Trea&s;on, and other high crimes, the Court hath determined that you ought to an&s;wer the &s;ame.</HI></P>
<SP>
<SPEAKER>King.</SPEAKER>
<P><HI>I will An&s;wer the &s;ame &s;o &s;oone as I know by what Autho|rity you do this.</HI></P>
</SP>
<SP>
<SPEAKER>Brad&s;h.</SPEAKER>
<P><HI>If this be all that you will &s;ay, then Gentlemen, you that brought the Pri&s;oner hither, take charge of Him back again.</HI></P>
</SP>
<SP>
<SPEAKER>King.</SPEAKER>
<P><HI>I do require that I may give My Rea&s;ons why I did not An&s;wer, and give Me time for that.</HI></P>
</SP>
<SP>
<SPEAKER>Brad&s;h.</SPEAKER>
<P><HI>Sir, 'Tis not for Pri&s;oners to require.</HI></P>
</SP>
<SP>
<SPEAKER>King.</SPEAKER>
<P><HI>Pri&s;oners! Sir, I am not an ordinary Pri&s;oner.</HI></P>
</SP>
<SP>
<SPEAKER>Brad&s;h.</SPEAKER>
<P><HI>The Court have affirmed their Juri&s;diction, if You will not An&s;wer, We &s;hall give order to Record your default.</HI></P>
</SP>
<SP>
<SPEAKER>King.</SPEAKER>
<P><HI>You never heard my Rea&s;ons yet.</HI></P>
</SP>
<SP>
<SPEAKER>Brad&s;h.</SPEAKER>
<P><HI>Sir, Your Rea&s;ons are not to be heard again&s;t the highe&s;t Juri&s;diction.</HI></P>
</SP>
<SP>
<SPEAKER>King.</SPEAKER>
<P><HI>Shew Me that Juri&s;diction where Rea&s;on is not to be heard?</HI><NOTE PLACE="marg">Rea&s;ons are not to be heard again&s;t a re|maining facti|on of the Com|mons of <HI>Eng|land.</HI></NOTE></P>
</SP>
<SP>
<SPEAKER>Brad&s;h.</SPEAKER>
<P><HI>Sir, we &s;hew it you here, the Commons of</HI> England, <HI>and the next time you are brought, You will know more of the plea&s;ures of Court, and it may be, their finall Determination.</HI></P>
</SP>
<SP>
<PB N="96" REF="156">
<SPEAKER>King.</SPEAKER>
<P><HI>Shew Me where ever the Hou&s;e of Commons was a Court of Judicature of that kind.</HI></P>
</SP>
<SP>
<SPEAKER>Brad&s;h.</SPEAKER>
<P><HI>Sergeant, take away the Pri&s;oner.</HI></P>
</SP>
<SP>
<SPEAKER>King.</SPEAKER>
<P><HI>Well Sir, Remember that the King is not &s;uffered to give in His Rea&s;ons, for the liberty and freedome of all His Subjects.</HI></P>
</SP>
<SP>
<SPEAKER>Brad&s;h.</SPEAKER>
<P><HI>Sir, You are not to have liberty to u&s;e this language, how great a Friend You have been to the Lawes and Liberties of the People, let all</HI> England <HI>and the world judge.</HI></P>
</SP>
<SP>
<SPEAKER>King.</SPEAKER>
<P><HI>Sir, under favour, it was the Liberty, Freedome, and Laws of the Subject that ever I took &mdash;defended My &s;elfe with Armes, I never took up Armes again&s;t the People, but for the Laws.</HI></P>
</SP>
<SP>
<SPEAKER>Brad&s;h.</SPEAKER>
<P><HI>The command of the Court mu&s;t be obeyed, no An&s;wer will be given to the Charge.</HI></P>
</SP>
<P>So the King was guarded forth to Sir <HI>Robert Cottons,</HI> and the Court adjourned to the Painted-Chamber, Tue&s;day twelve a Clock.</P>
<P><NOTE PLACE="marg">82. The 3d. daies Trial of His Maje&s;ty.</NOTE>Tue&s;day, <HI>January</HI> 23. The Court &s;ate againe, &s;eventy three Commi&s;&s;ioners pre&s;ent.</P>
<P>The King brought into the Court, &s;its downe.</P>
<SP>
<SPEAKER>Solicit. Cook.</SPEAKER>
<P><HI>May it plea&s;e your Lord&s;hip my Lord Pre&s;ident, This is now the third time that by the great grace and favour of the Court, the Pri&s;oner hath been brought to the Bar, before any I&s;&s;ue joyned in this Ca&s;e. My Lord, I did at the fir&s;t Court exhibite a Charge again&s;t Him, containing the highe&s;t Trea&s;on that ever was wrought on the Theater of</HI> England, That a King of <HI>England</HI> tru&s;ted to keep the Law, that had taken an Oath &s;o to do, that had Tri|bute payed Him for that end, &s;hould be guilty of a wicked De|&s;igne to &s;ubvert and de&s;troy our Lawes, and introduce an Arbi|trary and Tyrannicall Government in defiance of the Parlia|ment and their Authority; &s;et up His Sandard for Warre, a|gain&s;t his Parliament and People: <HI>and I did humbly pray in be|half of the People of</HI> England, That he may &s;peedily be required to make an An&s;wer to the Charge; <HI>but, my Lord, in &s;tead of ma|king any An&s;wer, He did then di&s;pute the Authority of this High Court; your Lord&s;hip was plea&s;ed to give Him a further day to put in His An&s;wer, which day being ye&s;terday: I did humbly move,</HI> That He might be required to give a direct and po&s;itive An&s;wer, either by denying, or confe&s;&s;ing of it; <HI>But, my Lord, He was then plea|&s;ed
<PB N="97" REF="156"> to demur to the Juri&s;diction of the Court, which the Court did then over-rule, and command Him to give a direct and po&s;itive An&s;wer: My Lord, be&s;ides this great delay of Justice, I &s;hall now humbly move your Lord&s;hip for &s;peedy Judgement again&s;t Him: I might pre&s;&s;e your Lord&s;hip upon the whole, That according to the knowne rul<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">s of the Lawes of the Land; that</HI> if a Pri&s;oner &s;hall &s;tand contumacious in contempt, and &s;hall not put in an I&s;&s;uable Plea, guilty or not guilty of the charge given again&s;t him, whereby he may come to a faire Triall, that by an implicite confe&s;&s;ion it may be taken, pro confe&s;&s;o; <HI>as it hath been done to tho&s;e who have de&s;erved more favour, than the Pri&s;oner at the Bar hath done. But be&s;ides, my Lord, I &s;hall humbly pre&s;&s;e your Lord&s;hip upon the whole fact,</HI><NOTE PLACE="marg">You &s;ee the emnant <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">f the Hou&s;e of Comm. had f<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">rejudged the King be|fore they <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">rected this new Court to &s;entence him; and claime a Juri&s;diction, as well as a S<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">preme Au|thority.</NOTE> <HI>That the Hou&s;e of Commons, the Supreme Authority and Juri&s;diction of the Kingdome, they have declared,</HI> That it is notorious that the matter of the charge is true; <HI>as it is in truth my Lord, as cleare as crystall; and as the Sun that &s;hines at noone-day; which if your Lord|&s;hip and the Court be not &s;atisfied in, I have notwith&s;tanding on the Peoples behalf, &s;everall Witne&s;&s;es to produce; and therefore I do humbly pray, (and yet I do confe&s;&s;e, it is not &s;o much I, as the Inno|cent bloud that hath been &s;hed: (the cry whereof is very great) for Ju&s;tice and Judgement) and therefore I do humbly pray, that &s;peedy Judgment be pronounced again&s;t the Pri&s;oner at the Bar.</HI></P>
</SP>
<SP>
<SPEAKER>Brad&s;haw.</SPEAKER>
<P><HI>Sir, You have heard what is moved by the Councel on behalfe of the Kingdome again&s;t you; you were told over and over againe,</HI> That it was not for you, nor any other man to di&s;pute the Juri&s;diction of the Supreme and highe&s;t Authority of <HI>England,</HI> from which there is no appeal, and touching which there mu&s;t be no di&s;pute; <HI>yet you did per&s;ist in &s;uch carriage as you have no manner of obedience, nor did you acknowledge any authority in them; nor the high Court that con&s;tituted this high Court of Ju&s;tice: Sir, I must let you know from the Court, that</HI> they are very &s;en&s;ible of the&s;e de|laies of Yours, and that they ought not (being thus Authorized by the Supreme Court of <HI>England</HI>) be thus trifled withall, and that they might in Ju&s;tice, and according to the rules of Ju&s;tice, take advantage of the&s;e delayes, and proceed to pronounce Judgment again&s;t you, <HI>yet neverthele&s;&s;e they are plea&s;ed to give direction, and on their behalf, I do require you,</HI> That You make a po&s;itive An|&s;wer unto this charge that is again&s;t you, in plaine Tearmes <HI>(for
<PB N="98" REF="157"> Ju&s;tice, knowes no re&s;pect of Per&s;ons)</HI> you are to give your po&s;itive and finall An&s;wer in plaine Engli&s;h, whether you be guilty or not guilty of the&s;e Trea&s;ons laid to your charge.</P>
</SP>
<SP>
<SPEAKER>King.</SPEAKER>
<P><HI>When I was here Ye&s;terday, I did de&s;ire</HI> to &s;peak for the Liberties of the people of <HI>England,</HI> I was interrupted; <HI>I de&s;ire to know yet,</HI> whether I may &s;peak freely, or not?</P>
</SP>
<SP>
<SPEAKER>Brad&s;h.</SPEAKER>
<P><HI>Sir, You have had the re&s;olution of the Court, upon the like que&s;tion the la&s;t day, and you were told,</HI> that having &s;uch a charge of &s;o high a nature again&s;t you, Your work was, that you ought to acknowledge the Juri&s;diction of the Court, and to an&s;wer to your charge; <HI>when you have once An&s;wered, you &s;hall be heard at large, make the best defence You can: But Sir, I must let you know from the Court, (as their commands)</HI> That You are not to be permitted to I&s;&s;ue out into any other di<GAP DESC="illegible" RESP="pdcc" EXTENT="5 letters">&s;es till &s;uch time as You have given a po&s;itive an&s;wer concerning the matter charg'd upon you.</P>
</SP>
<SP>
<SPEAKER>King.</SPEAKER>
<P><HI>For the charge I value it not a Ru&s;h,</HI> it is the Liberty of the people of England <HI>that I &s;tand for; for Me to</HI> acknowledge a new Court <HI>that I never heard of before, I that am your</HI> KING, <HI>that &s;hould be an example to all the people of</HI> England, <HI>to</HI> uphold Ju&s;tice, to maintaine the old Lawes, <HI>Indeed, I do not know how to do it: you &s;poke well the first day that I came here, (on Saturday)</HI> of the Obligations that I had laid upon me by God, to the main|tenance of the Liberties of my people, <HI>the &s;ame Obligation you &s;pake of,</HI> I do acknowledge to God, that I owe to him, and to My people, to defend as much as in Me lies, the antient Laws of the Kingdome; <HI>therefore untill that I may know, that</HI> this is not a|gain&s;t the fundamentall Lawes of the Kingdome, <HI>I can put in no particular An&s;wer, if you will give Me time I will &s;hew you My Rea&s;ons, and this</HI>&mdash;here being interrupted, the King &s;aid again,<NOTE PLACE="marg">Whether the&s;e breaches and in+terruptions were made by <HI>Brad|&s;haw,</HI> or whether they are omi&s;&s;ions and expunctions of &s;ome material, parts of the King's Speech which this licenced Pen man dur&s;t not let downe; I Know not: I hear much of the King's Argu|ment is omitted, and much depraved, none but Licenced-men being &s;uffered to take Notes.</NOTE> <HI>By your favour, you ought not to interrupt Me, How I came here I know not; there's no Law for it</HI> to make your King your Pri&s;oner; <HI>I was in a Treaty upon the publique Faith of the Kingdom, that was the known&mdash;two Hou&s;es of Parliament, that was the Re|pre&s;entative of the Kingdome, and when I had almo&s;t made an end of the Treaty, then I was hurried away and brought hither, and therfore-</HI></P>
</SP>
<SP>
<PB N="99" REF="157">
<SPEAKER>Brad&s;h.</SPEAKER>
<P><HI>Sir, You mu&s;t know the plea&s;ure of the Court.</HI></P>
</SP>
<SP>
<SPEAKER>King.</SPEAKER>
<P><HI>By your favour Sir</HI>&mdash;</P>
</SP>
<SP>
<SPEAKER>Brad&s;h.</SPEAKER>
<P><HI>Nay Sir, by your favour, You may not be permitted to fall into tho&s;e Di&s;cour&s;es: You appear as a Delinquent, You have not acknowledged the Authority of the Court, the Court craves it not of You, but once more they command You to give your po&s;itive An&s;wer. Clerke do your Duty.</HI></P>
</SP>
<SP>
<SPEAKER>King.</SPEAKER>
<P><HI>Duty Sir!</HI></P>
</SP>
<P>The Clerke reads.</P>
<P>Charles Stuart, <HI>King of</HI> England, <HI>You are accu&s;ed in behalfe of the Commons of</HI> England <HI>of diver&s;e high Crimes and Trea&s;ons; which Charge hath been Read unto You, The Court now requires You to give Your po&s;itive and finall An&s;wer, by way of confe&s;&s;ion or deniall of the Charge.</HI></P>
<SP>
<SPEAKER>King.</SPEAKER>
<P><HI>Sir, I &s;ay againe to you, &s;o that I may give &s;atisfaction to the People of England, of the clearne&s;&s;e of My proceedings, not by way of an&s;wer, not in this way, but to &s;atisfie them that I have done nothing again&s;t that Tru&s;t that hath been committed to Me, I would do it; but to acknowledge a New Court again&s;t their Privi|ledges, to alter the fundamentall Lawes of the Kingdome, Sir, you mu&s;t excu&s;e me,</HI></P>
</SP>
<SP>
<SPEAKER>Brad&s;h.</SPEAKER>
<P><HI>Sir, This is the third time that You have publiquely di&s;a|vowed this Court and put an affront upon it: how far You have pre&s;er|ved the priviledges of the people, Your actions have &s;poken, but tru|ly Sir, mens intentions ought to be known by their actions, You have written Your meaning in bloudy Characters throughout the whole Kingdome, but Sir, you under&s;tand the plea&s;ure of the Court; Clerke Record the default; and Gentlemen, you that took charge of the Pri&s;oner take Him back againe.</HI> So the King went forth with His Guards, and the Court adjourned to the Painted Chamber; the Cryer (as at other times) crying, <HI>God ble&s;&s;e the Kingdome of England.</HI><NOTE PLACE="marg">83. The fourth and la&s;t dayes Triall of His Maje&s;ty.</NOTE></P>
<P>Saturday, 27. <HI>Jan.</HI> 1648. The Court &s;ate again in <HI>We&s;tmin&s;ter|hall,</HI> the Pre&s;ident was in his Scarlet Robes, after him 67. Commi&s;|&s;ioners an&s;wered to their Names; The King came in, in His
<PB N="100" REF="158"> wonted po&s;ture with his Hat on, a Company of Souldiers and Schi&s;maticks placed about the Court to cry for <HI>Ju&s;tice, Judge|ment,</HI> and <HI>Execution,</HI> The people not daring to cry <HI>God ble&s;&s;e Him,</HI> for fear of being againe beaten by the Souldiers.</P>
</SP>
<SP>
<SPEAKER>Brad&s;h.</SPEAKER>
<P><HI>Gentlemen, it is well knowne to all, or most of you here pre&s;ent, that the Pri&s;on<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">r at the Bar hath been &s;everall times con|vented, and brought before this Court, to make An&s;wer to a charge of High Trea&s;on, and other high crimes exhibited again&s;t Him, in the Name of the people of</HI> England; <HI>to which charge being required to An&s;wer, He hath been &s;o far from obeying the commands of the Court, by &s;ubmitting to their Ju&s;tice, as He began to take upon Him Rea&s;oning and Debate unto the Authority of the Court, And to the Highest Court that appointed them to Trie and to Judge Him; but being over-ruled in that, and required to make His An&s;wer, He &s;till continued contumacious, and refu&s;ed to &s;ubmit to An&s;wer. Hereupon the Court (that they may not be wanting to them&s;elves, nor the Trust repo&s;ed in them, nor that any mans willfulne&s;&s;e prevent Ju&s;tice) they have con&s;idered of the charge, of the contumacy, and of that confe&s;&s;ion which in Law doth ari&s;e on that contumacy, they have likewi&s;e con&s;idered the notiority of the Fact charged upon this Pri&s;oner; and upon the whole matter, they are re&s;olved, and have agreed upon a Sentence to be pronounced against this Pri&s;oner, but in respect He doth de&s;ire to be heard before the Sentence be Read, and pronounced, the Court hath re&s;olved to hear Him; yet Sir, thus much I must tell you beforehand, (which you have been minded of at other Courts) that if that which you have to &s;ay, be to offer any debate concerning the Juri&s;diction, You are not to be heard in it: You have offered it formerly, and you have &s;truck at the root,</HI> that is, <HI>the Power and Supreme Authority of the Commons of</HI> England, <HI>which this Court will not admit a Debate of: and which indeed is an irrationall thing in them to do, being a Court that act upon Authority derived from them. But Sir, if you have any thing to &s;ay in defence of your &s;elf concerning the matter charged, the Court hath given me in com|mands to hear You.</HI></P>
</SP>
<SP>
<SPEAKER>King.</SPEAKER>
<P><HI>Since I &s;ee that you will not heare any thing of debate con|cerning that which I confe&s;&s;e I thought most materiall, for the peace of the Kingdome, and for the liberty of the Subject, I &s;hall wave it; but only I mu&s;t tell you, that this many a day all things have been taken
<PB N="101" REF="158"> away from Me, but that, that I call dearer to Me than My life, which is My Con&s;cience and Mine Honour: and if I had a respect of my life, more than the peace of the Kingdome, and the liberty of the Subject, certainly I &s;hould have made a particular defence for My life, for by that at lea&s;twi&s;e, I might have delayed an ugly Sentence, which I believe will pa&s;&s;e upon Me, therefore certainly Sir, as a man that hath &s;ome under&s;tanding, &s;ome knowledge of the world (if that my true zeale to my Country had not overborne the care that I have for My owne pre&s;ervation) I &s;hould have gone another way to worke than that I have done: Now Sir, I conceive that a hasty Sentence once pa&s;&s;ed may &s;ooner be repented of than recalled; and truely, the &s;elf-&s;ame de&s;ire that I have for the peace of the Kingdome and the liberty of the Subject, more than My owne particular ends, makes Me n<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">w at la&s;t de&s;ire, that I having &s;omething to &s;ay that concerns both, I de&s;ire, before Sentence be given, that I may be heard in the</HI> Painted-Chamber <HI>before the Lords and Commons, this delay cannot be prejudiciall to you, what&s;oever I &s;ay, if that I &s;ay no rea&s;on tho&s;e that heare Me must be Judges, I cannot be Judge of that that I have: if it be rea&s;on, and really for the welfare of the Kingdome, and the liberty of the Subject, I am &s;ure its very well worth the hear|ing, therefore I do conjure you, as you love that which you pretend (I hope its reall) the Liberty of the Subject, and peace of the King|dome, that you will grant Me this hearing before any Sentence pa&s;|&s;ed; but if I cannot get this Liberty, I do protest that your faire &s;hewes of Liberty and Peace are pure &s;hewes, and that you will not heare your King.</HI></P>
</SP>
<P>The Pre&s;ident &s;aid, <HI>This was a declining the Juri&s;diction of the Court, and delay:</HI> Yet the Court withdrew for half an hower, advi&s;ed upon it, and &s;at againe.</P>
<P><HI>Brad&s;haw</HI> &s;aid to the King, <HI>That the Court had con&s;idered what He had moved, and of their owne Authority; the returne from the Court is this,</HI> That they have been too much delayed by You al|ready, and they are Judges appointed by the highe&s;t Authority, and Judges are no more to delay, than they are to deny Ju&s;tice; and notwith&s;tanding what You have offered, they are re&s;olved to proceed to Sentence, and to Judgement, that is their unani|mous re&s;olution.</P>
<P>The King pre&s;&s;ed again and again, that He might be heard by
<PB N="102" REF="159"> the Lords and Commons in the <HI>Painted Chamber,</HI> with great ear|ne&s;tne&s;&s;e, and was as often denied by <HI>Brad&s;haw:</HI> at la&s;t, the King de&s;ired that this Motion of His might be entered.</P>
<P><HI>Brad&s;haw</HI> began in a long Speech to declare the Grounds of the Sentence, much aggravating the Kings offences, and mi&s;ap|plying both Law and Hi&s;tory to his pre&s;ent purpo&s;e: When <HI>Brad&s;haw</HI> had done &s;peaking, the Clerke read the Sentence drawn up in Parchment to this effect:
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="document">
<P><NOTE PLACE="marg">84. The Sentence again&s;t His Maje&s;ty.</NOTE>THat wheras the Commons of <HI>England</HI> in Parliament had appoin|ted them an high Court of Ju&s;tice for the Trial of <HI>Charls Stuart</HI> King of <HI>England,</HI> before whom He had been three times convented; and at the fir&s;t time a charge of High Trea&s;on and other high crimes and mi&s;demeanors was read in behalfe of the Kingdome of <HI>Eng|land,</HI> &amp;c.<NOTE N="*" PLACE="marg">Here the Clerk read the afore&s;aid Charge.</NOTE> Which charge being read unto Him as afore&s;aid, He the &s;aid <HI>Charls Stuart</HI> was required to give His An&s;wer; but He repu&s;ed &s;o to do: and &s;o expre&s;&s;ed the &s;everall pa&s;&s;ages at His Try|all in refu&s;ing to An&s;wer. For all which Trea&s;ons and crimes this Court doth adjudge, That He the &s;aid <HI>Charls Stuart</HI> as a Tyrant, Traytour, Murtherer, and a publique Enemy &s;hall be put to Death, by &s;evering of His Head from His Body.</P>
</DIV1>
</BODY>
</TEXT></Q></P>
<P>After the Sentence read, the Pre&s;ident &s;aid, <HI>This Sentence now read and publi&s;hed, it is the Act, Sentence, Judgment, and re&s;olution of the whole Court;</HI> Here the whole Court &s;tood up, as a&s;&s;enting to what the Pre&s;ident &s;aid.</P>
<SP>
<SPEAKER>King.</SPEAKER>
<P><HI>Will you heare Me a word Sir?</HI></P>
</SP>
<SP>
<SPEAKER>Brad&s;haw.</SPEAKER>
<P><HI>Sir, You are not to be heard after the Sentence.</HI></P>
</SP>
<SP>
<SPEAKER>King.</SPEAKER>
<P><HI>No Sir!</HI></P>
</SP>
<SP>
<SPEAKER>Brad&s;haw,</SPEAKER>
<P><HI>No. Sir, by your favour Sir! Guard, withdraw our Pri&s;oner.</HI></P>
</SP>
<SP>
<SPEAKER>King.</SPEAKER>
<P><HI>I am not &s;uffered to &s;peak; expect what Ju&s;tice other people will have.</HI></P>
</SP>
<PB N="103" REF="159">
<P><HI>The&s;e are the Names of &s;uch Per&s;ons as did actually &s;it as Judges upon the Tryall of His Maje&s;ty, with the Councel and Attendance of the Court.</HI></P>
<LIST>
<ITEM><HI>Oliver Cromwel,</HI> L. Gen.</ITEM>
<ITEM>Com. Gen: <HI>Ireton.</HI></ITEM>
<ITEM>Major Gen. <HI>Skippon.</HI></ITEM>
<ITEM>Sir <HI>Hardre&s;&s;e Waller.</HI></ITEM>
<ITEM>Col. <HI>Thomas Harri&s;on.</HI></ITEM>
<ITEM>Col. <HI>Edward Whalley.</HI></ITEM>
<ITEM>Col. <HI>Thomas Pride.</HI></ITEM>
<ITEM>Col. <HI>I&s;aac Ewer.</HI></ITEM>
<ITEM>Col. <HI>Rich. Ingelsby.</HI></ITEM>
<ITEM>Sir <HI>Henry Mildmay.</HI></ITEM>
<ITEM><HI>Thomas,</HI> Lord <HI>Grey.</HI></ITEM>
<ITEM><HI>Philip,</HI> Lord <HI>Li&s;le.</HI></ITEM>
<ITEM><HI>Will.</HI> Lord <HI>Mun&s;on,</HI></ITEM>
<ITEM>Sir <HI>John Danvers.</HI></ITEM>
<ITEM>Sir <HI>Tho. Maleverer.</HI></ITEM>
<ITEM>Sir <HI>John Bowcher.</HI></ITEM>
<ITEM>Sir <HI>James Harrington.</HI></ITEM>
<ITEM>Sir <HI>William Brereton.</HI></ITEM>
<ITEM><HI>Will. Henningham,</HI> E&s;q.</ITEM>
<ITEM><HI>I&s;aac Pennington,</HI> Ald.</ITEM>
<ITEM><HI>Thomas Atkins,</HI> Ald.</ITEM>
<ITEM>Col. <HI>Rowland Wil&s;on.</HI></ITEM>
<ITEM>Sir <HI>Peter Weentworth.</HI></ITEM>
<ITEM>Col. <HI>Henry Martyn.</HI></ITEM>
<ITEM>Col. <HI>William Purefoy.</HI></ITEM>
<ITEM>Col. <HI>Godfrey Bo&s;vill.</HI></ITEM>
<ITEM>Col. <HI>John Berk&s;tead.</HI></ITEM>
<ITEM>Sir <HI>Will. Cunstable.</HI></ITEM>
<ITEM>Col. <HI>Edward Ludlow.</HI></ITEM>
<ITEM>Col. <HI>Jo. Hutching&s;on.</HI></ITEM>
<ITEM>Col. <HI>Robert Titchburne.</HI></ITEM>
<ITEM>Col. <HI>Owen Roe.</HI></ITEM>
<ITEM>Col. <HI>Adriaen Scroop.</HI></ITEM>
<ITEM>Col. <HI>John Oky.</HI></ITEM>
<ITEM>Col. <HI>John Harri&s;on.</HI></ITEM>
<ITEM>Col. <HI>John Desborough.</HI></ITEM>
<ITEM><HI>Cornelius Holland,</HI> E&s;q. </ITEM>
<ITEM><HI>Miles Corbet,</HI> E&s;q. </ITEM>
<ITEM><HI>Francis Allen,</HI> E&s;q. </ITEM>
<ITEM><HI>Peregrin Pelham,</HI> E&s;q. </ITEM>
<ITEM><HI>John Gourdon,</HI> E&s;q. </ITEM>
<ITEM>Serj. <HI>Francis Thorp.</HI></ITEM>
<ITEM><HI>Tho. Challoner,</HI> E&s;q. </ITEM>
<ITEM>Col. <HI>John Moore.</HI></ITEM>
<ITEM><HI>John Aldred,</HI> E&s;q. </ITEM>
<ITEM>Col. <HI>Francis La&s;&s;els.</HI></ITEM>
<ITEM><HI>Henry Smith,</HI> E&s;q. </ITEM>
<ITEM><HI>James Chaloner,</HI> E&s;q. </ITEM>
<ITEM><HI>Dennis Bond,</HI> E&s;q. </ITEM>
<ITEM><HI>Humph. Edwards,</HI> E&s;q.</ITEM>
<ITEM><HI>Gregory Clement,</HI> E&s;q.</ITEM>
<ITEM><HI>John Fray,</HI> E&s;q.</ITEM>
<ITEM><HI>Tho. Wogan,</HI> E&s;q.</ITEM>
<ITEM>Sir <HI>Greg. Norton.</HI></ITEM>
<ITEM>Serj. <HI>John Brad&s;haw.</HI></ITEM>
<ITEM>Col. <HI>Edm. Harvey.</HI></ITEM>
<ITEM><HI>John Dove,</HI> E&s;q.</ITEM>
<ITEM>Col. <HI>John Venn.</HI></ITEM>
<ITEM><HI>John Foulks,</HI> Alder.</ITEM>
<ITEM><HI>Thomas Scot.</HI></ITEM>
<ITEM><HI>Tho. Andrews,</HI> Alder.</ITEM>
<ITEM><HI>William Cawley,</HI> E&s;q.</ITEM>
<ITEM>Col. <HI>Anthony Stapley.</HI></ITEM>
<ITEM><HI>John Li&s;le,</HI> E&s;q.</ITEM>
<ITEM><HI>John Corbet,</HI> E&s;q.</ITEM>
<ITEM><HI>Thomas Blunt,</HI> E&s;q.</ITEM>
<ITEM><HI>Thomas Boone,</HI> E&s;q.</ITEM>
<ITEM>Col. <HI>George Fleetwood.</HI></ITEM>
<ITEM>Col. <HI>James Temple.</HI></ITEM>
<ITEM>Sir <HI>Peter Temple.</HI></ITEM>
<ITEM>Col. <HI>Thomas Wayte</HI></ITEM>
<ITEM><HI>John Browne,</HI> E&s;q.</ITEM>
<ITEM><HI>William Say,</HI> E&s;q.</ITEM>
<ITEM>Col. <HI>Matth. Thomlin&s;on.</HI></ITEM>
<ITEM><HI>John Black&s;ton.</HI></ITEM>
<ITEM><HI>Gilb. Millington.</HI></ITEM>
<ITEM><HI>Abraham Barrell.</HI></ITEM>
<ITEM>Col. <HI>Jo. Downes.</HI></ITEM>
<ITEM><HI>Norton.</HI></ITEM>
<ITEM>L. Gen. <HI>Tho. Hammond.</HI></ITEM>
<ITEM><HI>Nich. Love.</HI></ITEM>
<ITEM><HI>Vincent Potter.</HI></ITEM>
<ITEM><HI>Augu&s;tine Garland.</HI></ITEM>
<ITEM>Sir <HI>Miles Lyve&s;ey.</HI></ITEM>
<ITEM><HI>Jo. Dixwell.</HI></ITEM>
<ITEM><HI>Simon Mayne.</HI></ITEM>
<ITEM><HI>Daniel Blagrave.</HI></ITEM>
<ITEM>Col. <HI>Robert Lylburne.</HI></ITEM>
<ITEM>Col. <HI>Rich. Deane.</HI></ITEM>
<ITEM>Col. <HI>Hu&s;on.</HI></ITEM>
<ITEM>L. Col <HI>W. Goffe.</HI></ITEM>
<ITEM>Ma&s;ter <HI>Carewe.</HI></ITEM>
<ITEM><HI>Jo. Joanes.</HI></ITEM>
<ITEM>Mr. <HI>Brad&s;haw</HI> nomi|nated Pre&s;ident.</ITEM>
<ITEM>Coun&s;ellours a&s;&s;i&s;tant to this Court, and to draw up the Charge again&s;t the KING, are,
<LIST>
<ITEM>Doctor <HI>Dori&s;laus.</HI></ITEM>
<ITEM>Ma&s;ter <HI>Aske.</HI></ITEM>
<ITEM>Ma&s;ter <HI>Cooke.</HI></ITEM>
<ITEM>Serjeant <HI>Dandy,</HI> Serje|ant at Armes.</ITEM>
<ITEM>Mr. <HI>Philips</HI> Clerke to the Court.</ITEM>
</LIST></ITEM>
<ITEM>Me&s;&s;engers, and Dore|keepers, are, Ma&s;ter <HI>Walfard.</HI> Mr. <HI>Radley</HI> Mr. <HI>Paine.</HI> Mr. <HI>Powell.</HI> Mr. <HI>Hull.</HI> and M. <HI>King</HI> Crver.</ITEM>
</LIST>
<PB N="104" REF="160">
<P><NOTE PLACE="marg">85. Ob&s;ervations upon the try|all of His Ma|je&s;ty.</NOTE>This is a Relation of his Maje&s;ties Tryall by a mixed Court of Ju&s;tice erected by 50. or 60. confederate Members of the Hou&s;e of Commons, &s;itting under the power of the Army, after all the re&s;t of the Members above 250. had been violently &s;ecured, &s;e|cluded, and frighted away. And in order to this de&s;igne again&s;t the King, the Hou&s;e of Peers <GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters">d downe, and yet the Hou&s;e of Commons (when intire) <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">s <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Court of Judicature, nor can give an Oath. Had indifferent <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> been permitted to take Notes, you had had a more perfect narrative; yet as it is, truth &s;hines forth to the confu&s;ion of this bloudy, cheating, Tyrannicall fa|ction: could they have wrought the King to have &s;ubmitted to the Juri&s;diction of this Arbitrary Court, His example &s;hould have been urged as an irrefragable Precedent again&s;t the lives and liberties of the whole Kingdome, and urged to be of as great Authority, as if He had e&s;tabli&s;hed that Court by Act of Parlia|ment: So that the King is to be looked on as a civil Martyr, dying for the Liberty of the people. And although they have failed of this device, yet they will have &s;ome other Arbitrary bloudy Inqui&s;ition to cut off the lives (without Law) of &s;uch as they de&s;ire to remove, without which this Tyrannous Kingdome of the Saints, or Brambles, cannot &s;ub&s;i&s;t; And therefore on Thur&s;day, 2. <HI>February, Cromwell</HI> and <HI>Ireton,</HI> and their canniball Coun&s;ell of Officers projected to get an Act pa&s;&s;ed by their Hou&s;e of Commons (where all their reque&s;ts, are commands) to enable the &s;aid Councel to hang all &s;uch as they &s;hall adjudge Di&s;turbers of the Army,<NOTE PLACE="marg">2. Part of <HI>Eng|lands</HI> liberty in Chains&punc; <HI>&s;ub fine</HI> And the Hun+ting of the Foxes, &amp;c.</NOTE> although no Members of the Army: they mu&s;t have publique Slaughter-hou&s;es <HI>in terrorem,</HI> as well as private <HI>ad poenam,</HI> the nature of their cau&s;e, and their naturall conditions requiring it. <HI>Oliver</HI> is a Bird of prey, you may know by his Bloudy Beake; &s;o was his <HI>Prodomus</HI> that Type and fi|gure of him, <HI>John of Leyden;</HI> than whom, this Fellow will &s;hort|ly prove farre more bloudy: you &s;ee this &s;chi&s;maticall remnant of one Hou&s;e, have the impudence to u&s;urp the Supreme Autho|rity to them&s;elves: And then to tell you, that the Votes of this petty conventicle (calling them&s;elves the Commons) are the Law, nay the Rea&s;on of the Land, thereby dive&s;ting us of tho&s;e Lawes which &s;hall di&s;tingui&s;h us from Slaves, and denying us the u&s;e of our rea&s;on, whereby we are differenced from Bea&s;ts, and
<PB N="105" REF="160"> expecting an implicite faith and blind obedience from us, to all the Votes of this half-quarter of an Hou&s;e of Commons, &s;o farre that they Vote obedience to the known Lawes (in many ca&s;es) to be Trea&s;on, and what all our Lawes call Trea&s;on, they Vote no Trea&s;on: nay, &s;hould they vote a Turd to be a Ro&s;e, or <HI>Oli|v<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">rs</HI> No&s;e a Ruby, they would expect we &s;hould &s;weare it, and fight for it. This legi&s;lative Den of Thieves erect new Courts of Ju&s;tice, neither founded upon Law nor Pre&s;cription, Theaters of illegal tyranny and oppre&s;&s;ion, to take away mens lives Arbitra|rily, for Actions which no Law makes criminous, nay, for &s;uch acts as the Lawes command, where their proceedings are con|trary to <HI>Magna Charta,</HI> and all our known Lawes and u&s;ages, not <HI>per probos &amp; legales homines,</HI> no Juries, no &s;worn Judges, authentically cho&s;en, no Witne&s;&s;es face to face, no formal In|dictment in which a man may find errour, and plead to the ju|ri&s;diction of the Court; or where the Court ought to be of Councel with the Pri&s;oner: but the &s;ame engaged and vowed Enemies, are both Parties, Pro&s;ecutors, Witne&s;&s;es, Judges, (or Authorizers and Nominators of the Judges) Actors of all parts upon that &s;tage of blood.</P>
<P>The King pre&s;&s;ed earne&s;tly (e&s;pecially upon Monday, 22. <HI>Jan.</HI>) to have his Rea&s;ons again&s;t the Juri&s;diction of the Court heard, but was as often denied, He intended then to give them in wri|ting, which was likewi&s;e rejected, &s;o they were &s;ent to the Pre&s;&s;e. A true Copie whereof followes:
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="document">
<HEAD>His Maje&s;ties Rea&s;ons again&s;t the pretended Juri&s;diction of the High Court of Ju&s;tice, which he intended to deliver in Writing on Monday, <HI>Jan. 22. 1648.</HI></HEAD>
<HEAD TYPE="sub">Faithfully tran&s;cribed out of the Original Copy under the Kings own hand.<NOTE PLACE="marg">86. His Maje&s;ties Rea&s;ons a|gain&s;t the Ju|ri&s;diction of the high Court of <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">u&s;tice; pub|li&s;hed after His condem|nation.</NOTE></HEAD>
<P>HAving already made my Prote&s;tations not only again&s;t the Illegality of this pretended Court, but al&s;o that no earthly power can ju&s;tly call Me (who am your <HI>King</HI>) in que&s;tion as a Delinquent, I would not any more open My mouth upon this oca&s;ion, more then to refer my &s;elf to what I have &s;poken, were I alone in this ca&s;e concerned. But the duty I owe to God in the
<PB N="106" REF="161"> pre&s;ervation of the true Liberty of my people, will not &s;uffer Me at this time to be &s;ilent: For, how can any free-borne Sub|ject of <HI>England</HI> call life or any thing he po&s;&s;e&s;&s;eth his owne, if power without right dayly make new, and abrogate the old fun|damental Law of the Land. which I now take to be the pre&s;ent ca&s;e. Wherefore when I came hither, I expected that you would have endeavoured to have &s;atisfied Me concerning the&s;e grounds, which hinder Me to an&s;wer to your pretended Impeachment; but &s;ince I &s;ee that nothing I can &s;ay will move you to it (though Negatives are not &s;o naturally proved as Affirmatives) yet I will &s;hew you the Rea&s;on why I am confident you cannot judge Me, nor indeed the meane&s;t man in <HI>England;</HI> for I will not (like you) without &s;hewing a Rea&s;on, &s;eek to impo&s;e a beliefe upon My Subjects.</P>
<P><NOTE N="*" PLACE="marg">93. Hereabout I was &s;topt. and not &s;uffer|ed to &s;peak any more con|cerning Rea|&s;ons.</NOTE>There is no proceeding ju&s;t again&s;t any man, but what is war|ranted either by Gods Lawes, or the municipall Lawes of the Country where he lives. Now I am mo&s;t confident, that this daies proceeding cannot be warranted by Gods Law, for on the contrary the authority of obedience unto Kings is clearly war|ranted and &s;trictly commanded both in the Old and New Te&s;ta|ment; which if denyed, I am ready in&s;tantly to prove: and for the que&s;tion now in hand, there it is &s;aid, That <HI>where the word of a King is, there is Power; and who may &s;ay unto him, what doest thou? Eccle&s;.</HI> 8.4. Then for the Lawes of the Land, I am no le&s;&s;e confident, that no learned Lawyer will affirme that an Impeach|ment can lye again&s;t the KING, they all going in His Name; and one of their Maxims is, <HI>That the King can do no wrong.</HI> Be|&s;ides, the Law upon which you ground your proceedings, mu&s;t either be old or new; if old, &s;hew it; if new, tell what autho|rity warranted by the fundamental Lawes of the Land hath made it, and when. But how the Hou&s;e of Commons can erect a Court of Judicature, which was never one it &s;elf (as is well known to all Lawyers) I leave to God and the World to judge; And it were full as &s;trange that they &s;hould pretend to make Lawes without King or Lords Hou&s;e, to any that have heard &s;peak of the Lawes of <HI>England.</HI></P>
<P>And admitting, but not granting, that the People of <HI>Englands</HI> Commi&s;&s;ion could grant your pretended power, I &s;ee nothing
<PB N="107" REF="161"> you can &s;hew for that; for certainly you never asked the que&s;ti|on of the tenth man of the Kingdome, and in this way you ma|nife&s;tly wrong even the poore&s;t Plough-man, if you demand not his free con&s;ent, nor can you pretend any colour for this your pretended Commi&s;&s;ion without the con&s;ent at lea&s;t of the ma|jor part of every man in <HI>England,</HI> of what&s;oever quality or con|dition, which I am &s;ure, you never went about to &s;eek, &s;o farre are you from having it. Thus you &s;ee that I &s;peak not for My owne right alone, as I am your King, but al&s;o for the true Liber|ty of all My Subjects, which con&s;i&s;ts not in &s;haring the power of Government, but in living under &s;uch Lawes, &s;uch a Government as may give them&s;elves the be&s;t a&s;&s;urance of their lives and pro|priety of their goods. Nor in this mu&s;t or do I forget the pri|viledges of both Hou&s;es of Parliament, which this daies pro|ceedings doth not only violate, but likewi&s;e occa&s;ion the grea|te&s;t breach of their publike Faith (I believe) ever was heard of, with which I am farre from charging the two Hou&s;es: for all the pretended crimes laid again&s;t Me, beare date long before this late Treaty at <HI>Newport,</HI> in which I having concluded as much as in Me lay, and hopefully expecting the two Hou&s;es a|greement thereunto. I was &s;uddenly &s;urpri&s;ed, and hurried from thence as a Pri&s;oner, upon which accompt I am again&s;t my will brought hither, where &s;ince I am come, I cannot but to My power defend the ancient Laws and Liberties of this Kingdome, together with My owne ju&s;t Right, then for any thing I can &s;ee the higher Hou&s;e is totally excluded.</P>
<P>And for the Hou&s;e of Commons, it is too well knowne that the major part of them are detained or deterr'd from &s;itting, &s;o as if I had no other, this were &s;ufficient for Me to prote&s;t again&s;t the lawfullne&s;&s;e of your pretended Court.</P>
<P>Be&s;ides all this, the peace of the Kingdome is not the lea&s;t in My thoughts, and what hopes of Settlement is there &s;o long as power reigns without rule of Law, changing the whole frame of that Government under which this Kingdome hath flouri&s;hed for many hundred years, (nor will I &s;ay what will fall out in ca&s;e this lawle&s;&s;e unju&s;t proceeding again&s;t Me do go on) and believe it the Commons of <HI>England</HI> will not thank you for this change, for they will remember how happy they have been of late yeares
<PB N="108" REF="162"> under the Reign of Queen <HI>Elizabeth,</HI> the King my Father, and My &s;elf, until the beginning of there unhappy troubles, and will have cau&s;e to doubt that they &s;hall never be &s;o happy under any new. And by this time it will be too &s;en&s;ibly evident, that the Armes I took up were onely to defend the fundamental Lawes of this Kingdom, again&s;t tho&s;e who have &s;uppo&s;ed My power hath totally changed the ancient Government.</P>
<P>Thus having &s;hewed you briefly the Rea&s;ons, why I cannot &s;ubmit to your pretended Authority without violating the tru&s;t which I have from God, for the welfare and liberty of My People; I expect from you either clear Rea&s;ons to convince My judgment, &s;hewing Me that I am in an errour (and then truly I will readily an&s;wer) or that you will withdraw your proceedings.</P>
<P>This I intended to &s;peak in <HI>We&s;tmin&s;ter-hall</HI> on Munday, 22. <HI>January,</HI> but again&s;t rea&s;on was hindered to &s;hew My Rea&s;ons.</P>
</DIV1>
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</TEXT></Q></P>
<P><NOTE PLACE="marg">87. Alteration of the formes and &s;tyles of Writs and Legall pro|ceedings.</NOTE>The 27. <HI>Jan.</HI> The Commons read the Act for Altering the formes of Writs, and other proceedings in Courts of Ju&s;tice, which (according to all our known Laws, the cu&s;tome of all A|ges, and the fundamental Government of this Kingdome) ever ran in the Kings Name. This Act upon the Que&s;tion was a&s;&s;ented to, and no concurrence of the Lords de&s;ired, of this more here|after.</P>
<P><NOTE PLACE="marg">88. A Proclam. to be brought in, prohibiting the Pr. of <HI>Wales,</HI> or any of the Kings I&s;&s;ue to be proclaimed King of <HI>Eng+land.</HI></NOTE>The Junto of 50. or 60. Commons appointed a Committee to pen a Proclamation, That if any man &s;hould go about to Pro|claim Prince <HI>Charles,</HI> or any of that line King of <HI>England</HI> (after the removal of King <HI>Charles</HI> the Father out of this life,) as is u|&s;ually, and ought to be done by all Mayors, Bayliffs of Corporati|ons, High-Sheriffs, &amp;c. under high penalties of the Law for their neglect) or &s;hall proclaim any other without the con&s;ent of the pre&s;ent Parliament: the Commons declare it to be High Trea|&s;on; and that no man under paine of Impri&s;onment or &s;uch other (arbitrary) puni&s;hment, as &s;hall be thought fit to be inflicted on them, &s;hall &s;peak or preach any thing contrary to the pre|&s;ent proceedings of the Supreme Authority of this Nation, the Commons of <HI>England</HI> a&s;&s;embled in Parliament. Your hands and
<PB N="109" REF="162"> feet, liberties and con&s;ciences were long &s;ince tied up,<NOTE PLACE="marg">89. The Bi&s;hop of <HI>London</HI> appoin|ted by the Ho. to admini&s;ter &s;piritual com|fort to the cond<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">mned King; and the Kings u&s;age by the Army. See Mr. <HI>Jo Geree</HI>'s Book again&s;t <HI>Good|win,</HI> called, <HI>(Might over|coming right.)</HI> And Mr. <HI>Pryns</HI> Epi&s;tle to his Speech, 6. <HI>Dec.</HI> 1648.</NOTE> now you are tongue-tied.</P>
<P>Upon motion, the Hou&s;e ordered, That Doctor <HI>Juxon</HI> Bi&s;hop of <HI>London,</HI> &s;hould be permitted to he private with the King in His Chamber, to preach and Admini&s;ter the Sacraments, and o|ther &s;pirituall comforts to Him: But notwith&s;tanding, their Ma|&s;ters of the Councel of Warre, appointed that weather-cock <HI>John Goodwin</HI> of <HI>Coleman-&s;ireet</HI> (the <HI>Balaam</HI> of the Army that cur&s;eth and ble&s;&s;eth for Hire) to be Superintendent both over King and Bi&s;hop, &s;o that they could hardly &s;peak a word to|gether without being over-heard by the long-&s;chi&s;maticall-eares of black-mouthed <HI>John:</HI> Be&s;ides, I hear that for &s;ome nights a-Guard of Souldiers was kept within His Chamber, who with talking, clinking of Pots, opening and &s;hutting of the door, and taking Tobacco there (a thing very offen&s;ive to the Kings nature) &s;hould keep Him watching, that &s;o by di&s;tempering and amazing Him, with want of &s;leep, they might the ea&s;ier bring Him to their bent.</P>
<P>28. <HI>January,</HI> being the la&s;t Sabbath the King kept in this life,<NOTE PLACE="marg">90. A Paper-book of Demands tendered to be Sub&s;cribed by the King the Sunday before He died. See &s;ect. 94.</NOTE> &s;ome of the Grandees of the Army and Parliament tendered to the King a Paper-book, with promi&s;e of Life and &s;ome &s;hadow of Regality (as I hear) if He &s;ub&s;cribed it: It contained many particulars de&s;tructive to the fundamental Government, Reli|gion, Lawes, Liberties, and Property of the People: One where|of was in&s;tanced to Me, <HI>viz.</HI> That the King &s;hould (among&s;t many other demands,) pa&s;&s;e an Act of Parliament for keeping on foot the <HI>Militia</HI> of this Army, during the plea&s;ure of the Gran|dees, who &s;hould be tru&s;ted with that <HI>Militia,</HI> and with power from time to time to recruit and continue them to the number of 40000. Hor&s;e and Foot, under the &s;ame General and Offi|cers, with power notwith&s;tanding in the Councel of Warre to chu&s;e new Officers and Generals from time to time, as occa&s;ion &s;hall happen, and they think fit, and to &s;ettle a very great Tax upon the people by a Land-Rate, for an e&s;tabli&s;hed Pay for the Army; to be collected and levied by the Army them&s;elves, and a Court-Martial of an exorbitant extent and latitude. His Ma|je&s;ty (as I hear) read &s;ome few of the propo&s;itions, and throw|ing them a&s;ide, told them, He would rather becom a Sacrifice for
<PB N="110" REF="163"> His People, then betray their Lawes and Liberties, Lives and E&s;tates, together with the Church and Commonwealth, and the Honour of his Crown, to &s;o intolerable a bondage of an Arm|ed faction.</P>
<P><NOTE PLACE="marg">91. The S<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ile and Title of <HI>Cu|&s;todes libertatis Angliae,</HI> voted to be u&s;ed in legal proceed|ings, in &s;tead of the &s;ty<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e of the <HI>King.</HI> The&s;e Goalers of the Liber|ties of <HI>Eng|land</HI> are <HI>Indi|viduum vagum,</HI> not yet na|med. See a Continuation of this mad|ne&s;s in an Act for better &s;et|ling proceed|ings in Courts of Ju&s;tice, ac|cording to the pre&s;ent Go|vernment. Da|ted 17. <HI>Feb.</HI> 1648.</NOTE>Monday 29. <HI>Jan.</HI> 1648. The Legi&s;lative half-quarter of the Hou&s;e of Commons, voted as followeth, (hearken with admi|ration Gentlemen) be it enacted by this pre&s;ent Parliament, and by Anthority of the &s;ame, that in all Courts of Law, Ju&s;tice, and Equity, and in all Writs, Grants, Patents, Commi&s;&s;ions, Indict|ments, Informations, Suits, Returns of Writs, and in all Fines, Recoveries, Exemplifications, Recognizances, Proce&s;&s;e, and Pro|ceedings of Law, Ju&s;tice, or Equity within the Kingdoms of <HI>Eng|land</HI> or <HI>Ireland,</HI> Dominion of <HI>Wales, &amp;c.</HI> in &s;tead of the Name, Stile, Te&s;te, or Title of the KING heretofore u&s;ed, that from henceforth the Name, Stile, Te&s;te or Title <HI>Cu&s;todes libertatis An|gliae, authoritate Parliamenti,</HI> &s;hall be u&s;ed, and no other: and the Date of the year of the Lord, and none other, and that all Du|ties, Profits, Penalties, Fines, Amerciaments, I&s;&s;ues, and Forfei|tures what&s;oever, which heretofore were &s;ued for in the name of the KING, &s;hall from henceforth be &s;ued for in the name of <HI>Cu&s;todes libertatis Angliae, authoritate Parliamenti:</HI> and where the words were <HI>(Juratores pro Domino Rege)</HI> they &s;hall be <HI>(Juratores pro Republica)</HI> and where the words are <HI>(contra pacem, dignitatem &amp; coronam no&s;tram)</HI> the words from henceforth &s;hall be <HI>(contra pacem Publican.)</HI> All Judges, Ju&s;tices, Mini&s;ters and Officers are to take notice thereof, &amp;c. and what&s;oever henceforth &s;hall be done contrary to this Act, &s;hall be, and is hereby declared to be null and void; the death of the King, or any Law, u&s;age or cu|&s;tom to the contrary notwith&s;tanding,<NOTE PLACE="marg">Another de|vice to mor|tifie the King.</NOTE> &amp;c.</P>
<P>The King lay in <HI>White-hall</HI> Saturday (the day of his Sentence) and Sunday night &s;o near the place appointed for the &s;eparation of his Soul and Body, that He might heare every &s;troak the Workmen gave upon the Scaffold (where they wrought all night) this is a new device to mortifie him, but it would not do.</P>
<P><MILESTONE N="93"> Tue&s;day, 30. <HI>Jan.</HI> 1648. was the day appointed for the Kings Death; He came on Foot from Saint <HI>James</HI>'s to <HI>White-hall</HI> that morning: His Maje&s;ty coming upon the Scaffold, made a Speech
<PB N="111" REF="163"> to the People; which could only be heard by &s;ome few Souldi|ers and Schi&s;maticks of the Faction who were &s;uffered to po&s;|&s;e&s;&s;e the Scaffold, and all parts near it; and from their Pennes only we have our Informations.</P>
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<DIV1 TYPE="scaffold speech">
<HEAD>His Maje&s;ties Speech upon the Scaffold, and his Death, or Apotheo&s;is.</HEAD>
<P><HI>The KING told them,</HI><LB> THat all the world knew He never began the Warre with the two Hou&s;es of Parliament, and He called God to witne&s;&s;e (to whom He mu&s;t &s;hortly give an account) He never intended to encroach upon their priviledges; They began upon Me, it was the Militia they began with, they confe&s;&s;ed the Militia was Mine, but they thought fit to have it from Me: and to be &s;hort, if any body will look to the Dates of the Commi&s;&s;ions, Theirs, and Mine, and likewi&s;e to the De|clarations, will &s;ee clearly that they began the&s;e unhappy Troubles.</P>
<P><HI>And a little after He &s;aid,</HI> I pray God they may take the right way to the peace of the Kingdom;<NOTE PLACE="marg">Souldiers Re|belling again&s;t their Ma&s;ter or Sovereign, though they prevail, cannot claim by Con|que&s;t, becau&s;e their quarrel was perfidi|ous, ba&s;e, and &s;inful from the beginning.</NOTE> But I must fir&s;t &s;how you how you are out of the way, and then put you into the right way: Fir&s;t, you are out of the way, for all the way you ever had yet (by any thing I could ever finde) was the way of Conque&s;t, which is a very ill way, for Con|que&s;t is never ju&s;t, except there be a good ju&s;t Cau&s;e, either for matter of wrong, or ju&s;t Title, and then if you go be|yond the fir&s;t Quarrel that you have, that makes it unju&s;t in the end, that was ju&s;t in the Beginning: But if it be only matter of Conque&s;t, then it is a great Robbery, as the Pyrate &s;aid to <HI>Alexander,</HI> and &s;o (I think) the way that you are in hath much of that way; Now (Sirs) to put you in the way, believe it you will never do right, nor God will never pro&s;per you, untill you give him his due, the King (that is, My
<PB N="112" REF="164"> Succe&s;&s;or) his due, and the People (for whom I am as much as any of you) their due.</P>
<P N="1"><HI>1.</HI> You mu&s;t give God his due, by regulating rightly his Church, (according to his Scripture) which is now out of order, to &s;et you in a way particularly now I cannot, but only a National Synod freely called, freely debating among&s;t them&s;elves, mu&s;t &s;ettle this: when that every opinion is free|ly and clearly heard.</P>
<P N="2"><HI>2.</HI> For the King, the Lawes of the Land will freely in|&s;truct you, and becau&s;e it concernes My &s;elf I will only give you a touch of it.</P>
<P N="3"><HI>3.</HI> For the people (and truly I de&s;ire their Liberty and Freedom as much as any man what&s;oever) I mu&s;t tell you, their Liberty and Freedom con&s;i&s;ts in having &s;uch a Go|vernment, whereby their Lives and Goods may be mo&s;t their own, it lies not in having a Share in the Government, that is nothing pertinent to them; a Subject and a Sove|raign are clean different things: and therefore until you re&s;tore the People to &s;uch a Liberty, they will never enjoy them&s;elves; Sirs, it was for this I now come hither, if I would have given way to an Arbitrary &s;way, to have all Lawes changed according to the power of the Sword, I needed not to have come here;<NOTE PLACE="marg">See Sect. 90.</NOTE> and therefore I tell you, (and I pray God it be not laid to your charge) that I am the Mar|tyr of the People, &amp;c.</P>
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<P><NOTE PLACE="marg">The Hou&s;e had the Impu|dence to an|&s;wer the Dutch Amba&s;&s;adours, that what they had done to the King, was according to the Law of the Land. They mean, that their Lu&s;ts are the Laws of the Land: for other Law they can &s;hew none.</NOTE>This was the effect of his Maje&s;ties Speech, who &s;hewed much Magnanimity and Chri&s;tian patience, during all the time of His Trial and Death, notwith&s;tanding many barbarous af|fronts put (by way of tentation) upon Him, He had his Head &s;evered from his Body at one &s;troak, the Souldiers and Schi&s;|maticks giving a great &s;hout pre&s;ently.</P>
<PB N="113" REF="164">
<P>Thus this noble Prince (a Gentleman &s;anctified by many affli|ctions) after He had e&s;caped Pi&s;toll, Poy&s;on, and Pe&s;tilent ayre, could not e&s;cape the more venemous tongues of Lawyers and Pettyfoggers, <HI>Bra<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">&s;haw, Cooke, Steele, Aske</HI> and <HI>Dori&s;laus;</HI> thus <HI>the Shepherd is &s;mitten, and the Sheep &s;cattered.</HI></P>
<P REND="large">THe &s;aid High Court of Ju&s;tice, with the downfall of King <HI>CHARLES</HI> the I. thereby, and in Him of the Regall Government, Religion, Lawes, and Liberties of this ancient Kingdom is Emblematically pre&s;ented to the Readers view: <HI>See the Figure, before the Title page.</HI></P>
<P><HI>Pre&s;ently after this di&s;&s;olution of the King,</HI><NOTE PLACE="marg">94. Proclamations publi&s;hed a|gain&s;t pro|claiming the King.</NOTE> <HI>the Commons &s;ent abroad Proclamations into</HI> London, <HI>and all</HI> England <HI>over, reciting,</HI> That whereas &s;everall pretences might be made to this Crown, and Title to the Kingly Office &s;et on foot, to the apparent hazard of the pub|lique peace. Be it enacted and ordained by this pre&s;ent Parliament, and by the Authority of the &s;ame, that no Per&s;on what&s;oever do pre&s;ume to proclaime, declare, publi&s;h, or any waies to promote <HI>Charles Stuart</HI> (Sonne of the &s;aid <HI>Charles</HI>) commonly called <HI>Prince of Wales,</HI> or any other Per&s;on to be King, or Chief Magi&s;trate of <HI>England,</HI> or <HI>Ire|land,</HI> or of any Dominions belonging to them; by colour of Inheritance, Succe&s;sion, Election, or any other claime what&s;oever, without the free con&s;ent of the people in Parliament fir&s;t had and &s;ignified by a particular Act or Ordinance, for that purpo&s;e, any Law, Stat: U&s;age or cu&s;tome to
<PB N="114" REF="165"> the contrary notwith&s;tanding;<NOTE PLACE="marg">Who &s;hall judg<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> when the&s;e Fellows will be thought free, and when not?</NOTE> and who&s;oever &s;hall contrary to this Act, Proclaim, &amp;c. Shall be deemed and adjudged a Traytor, and &s;uffer accordingly.</P>
<P><NOTE PLACE="marg">95. A Proclama|tion privately printed and &s;cattered, pro|claiming CHARLS the &s;econd.</NOTE>Notwith&s;tanding which inhibition, the 2. <HI>February</HI> 1648. was printed and &s;cattered about <HI>London</HI>-&s;treets this following Proclamation:
<Q><TEXT LANG="eng">
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<DIV1 TYPE="document">
<HEAD>* A Proclamation proclaiming CHARLES Prince of <HI>Wales,</HI> King of <HI>Great Britaine, France</HI> and <HI>Ireland.</HI></HEAD>
<P>VVEE the Noblemen, Judges, Knights, Lawyers, Gen|tlemen, Freeholders, Merchants, Citizens, Yeomen, Seamen, and other freemen of <HI>England,</HI> do, according to our Allegiance and Covenant, by the&s;e pre&s;ents heartily, joyfully and unanimou&s;ly acknowledge and proclaim the Illu&s;trious CHARLES Prince of <HI>Wales,</HI> next heir of the blood Royall to his Father King CHARLES (who&s;e late wicked and tray|terous murther we do from our &s;ouls abominate, and all par|ties &amp; con&s;enters thereunto) to be by herditary Birthright, and lawfull &s;ucce&s;sion, rightfull and undoubted King of <HI>Great Bri|taine, France</HI> and <HI>Ireland,</HI> and the Dominions thereunto belonging. And that we will faithfully, con&s;tantly and &s;incere|ly in our &s;everall places and callings defend and maintaine his Royal Per&s;on, Crown, and Dignity with our E&s;tates, Lives, and la&s;t drop of our Bloods, again&s;t all Oppo&s;ers thereof; whom we do hereby declare to be Traytours and Enemies to his Ma|je&s;ty and his Kingdoms. In te&s;timony whereof, we have cau&s;ed the&s;e to be publi&s;hed and proclaimed throughout all Counties and Corporations of this Realm, the fir&s;t day of <HI>February,</HI> in the fir&s;t year of His Maje&s;ties Reign.</P>
<CLOSER>God &s;ave King <HI>CHARLES</HI> the Second,</CLOSER>
</DIV1>
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<PB N="115" REF="165">
<P>The fag end of the Hou&s;e of Commons, <HI>Febr.</HI> 1. 1648.<NOTE PLACE="marg">96. A V<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">te that &s;uch Members a<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> had a&s;&s;ented to the Vote. 5. <HI>Dec</HI> &s;hall &s;it no more: others to enter their d &s;<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> and di&s;appro all.</NOTE> pa&s;&s;ed a thing they call an Act, That &s;uch Members as had a&s;&s;ented to the Vote, 5. <HI>Decemb.</HI> 1648. That the Kings Conce&s;&s;ions were a ground for the Hou&s;e to proceed to a &s;ettlement, &s;hould not be re-admitted to &s;it as Members; &s;uch as were then in the Hou&s;e and voted in the negative &s;hould fir&s;t enter their di&s;&s;ent to the &s;aid Vote, &s;uch as were ab<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ent &s;hould declare their di&s;approvall before they &s;it. You &s;ee the cheating Godly are re&s;olved to keep all to them&s;elves.</P>
<P>This day their tame Lord&s;hips &s;ent a Me&s;&s;age to the Hou&s;e of Commons, but they were too &s;urly to call the Me&s;&s;engers in:<NOTE PLACE="marg">97. The Lords &s;end a Me&s;&s;age to the Com|mons but the me&s;&s;enger not called in.</NOTE> the &s;ub&s;tance of the Me&s;&s;age was, That their Lord&s;hips had ap|pointed 7. of their Hou&s;e to joyn with a proportionable num|ber of Commons, to con&s;ider of a way how to &s;ettle this Na|tion.</P>
<P>Munday, 5. <HI>Febr.</HI> 1648.<NOTE PLACE="marg">98. The hou&s;e of Lords voted down.</NOTE> The Commons debated whether they &s;hould continue the Hou&s;e of Lords as a Court Judicatory, or Con&s;ultory onely? And the day following they put this Que|&s;tion, Whether this Hou&s;e &s;hall take the advi&s;e of the Hou&s;e of Lords, in the exerci&s;e of the Legi&s;lative power of the Kingdom, in pur<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">uance of the Votes of this Hou&s;e, 4 <HI>Janu:</HI> la&s;t. This was carried in the Negative by many Voices: in farther pur&s;uance of which Vote, they farther voted, That the Hou&s;e of Peers in Par|liament is u&s;ele&s;s and dangerous, and ought to be aboli&s;hed; and that an Act be brought in for that purpo&s;e, and voted down their Priviledge of being exempt from Arre&s;ts; yet they graci|ou&s;ly conde&s;cended they &s;hall be capable of being elected knights of Shires, and Burge&s;&s;es, if any will be &s;o mad as to chu&s;e them: yet my Lord of <HI>Pembroke</HI> is as much overjoyed with gay Pri|viledge, as if they had be&s;towed a new Cap with a Bell and a Bable upon him: who will not now conclude that the Votes of this Legi&s;lative, this &s;upreme piece of the Hou&s;e of Commons, is the onely Law and rea&s;on of the Land, which leads all our Laws and rea&s;on captive, and is almighty again&s;t all but the Councell of the Army.</P>
<P>The 8. <HI>Febr.</HI> came forth A Declaration and Prote&s;tation of the Peeres, Lords and Barons of this Realm,<NOTE PLACE="marg">99. A Prote&s;tation of the Peers.</NOTE> again&s;t the late trea&s;onable proceedings and tyrannicall u&s;urpations of &s;ome
<PB N="116" REF="166"> Members of the Commons Hou&s;e, who endeavour to &s;ubvert the fundamentall Laws, and Regall Government of this Kingdom, and en&s;lave the People to their boundle&s;s Tyranny in &s;tead of Freedom. The Prote&s;tation followeth,
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<P>VVE the Peers, Lords and Barons of this Realm of <HI>England,</HI> for the pre&s;ent nece&s;&s;ary vindication of the undoubted Rights and Priviledges of Parliament, and more particularly of the Hou&s;e of Peers, the ju&s;t Prerogatives and Per&s;onall &s;afety of our Kings, the known Laws and Liberties of this Kingdom, the Hereditary Freedom of all the Freemen of this Nation, and our own affronted and contemned Honours and Authority, again&s;t the many late unparallel'd dangerous Inva&s;ions, and trea&s;onable &V;&s;urpations of a few in&s;olent mi&s;-advi&s;ed Members of the (late) Hou&s;e of Commons, whiles the greatest and able&s;t part of that Hou&s;e were forcibly detained or deterr'd from thence, where|with we find our &s;elves and the whole Kingdom un&s;ufferably injured, and deeply afflicted. Do, after a long patient expectation of their own ingenious Retractions of &s;uch inju&s;tifiable Exorbitancies, which their own judgements and con&s;ciences cannot but condemn, whereof we now utterly de&s;pair; being thereto engaged in point of Honour, Loyalty, Con|&s;cience, Oath, and love to our Native Country, as al&s;o by our Solemn League and Covenant, publikely declare and prote&s;t to all the world, That by the Laws and Cu&s;tomes of this Realm, and u&s;age of Parlia|ment time out of mind, ever &s;ince there were Parliaments in this I&s;land, the principall Authority and Iudicatory of the Parliaments of <HI>England</HI> hath alwaies con&s;tantly re&s;ided, and ought &s;till to continue onely in the King and Hou&s;e of Peers, (wherein He alwaies &s;its) and not in the Com|mons Hou&s;e, who never had, claimed, nor ought to have any right or power to judge any Per&s;on or Cau&s;e civilly or criminally (having no autho|rity to examine any Witne&s;&s;es upon Oath, and being no Court of Record) but onely to accu&s;e and impeach Delinquents in and before the Hou&s;e of Peers, where they alwaies have u&s;ed to &s;tand bare-beaded at their Barre; but never yet to stand covered, much le&s;s to &s;it, vote, or give Judgement. And that the Hou&s;e of Commons without the concurrent a&s;sent of the Hou&s;e of Peers, and Kings of <HI>England,</HI> never heretofore challenged nor enjoyed, nor can of right pretend to any lawfull power or Juri&s;diction to make or publi&s;h any form or binding Ordinance, Vote, Act, or Acts of Parliament what&s;oever, nor ever once pre&s;umed to pa&s;s any Act or
<PB N="117" REF="166"> Acts to erect a new High Court of Ju&s;tice, to try, condemn, or execute the meane&s;t Subject, lea&s;t of all their own Soveraign Lord and King, or any Peer of the Kingdome (who by the Common and Statute Laws of this Realm, and <HI>Magna Charta,</HI> ought to be tried only by their Peers and not otherwi&s;e) or to di&s;-inherit the right Heir to the Crown, or to alter the Fundamental Government, Laws, Great Seal, or an|cient forms of proce&s;s and legal proceedings of this Realm, or to make or declare High Trea&s;on to be no Trea&s;on; or any Act to be Trea&s;on, which in it &s;elf, or by the Law of the Land is no Trea&s;on, or to di&s;po&s;e of any Offices or Places of Judicature, or impo&s;e any Penalties, Oaths, or Taxes on the Subjects of this Realm. And therefore we do here in the pre&s;ence of Almighty God, Angels, and Men, from our hearts di&s;claim, abhor, and prote&s;t again&s;t all Acts, Votes, Orders or Ordi|nances of the &s;aid Members of the Commons Hou&s;e lately made and publi&s;hed, for &s;etting up any new Court of Ju&s;tice to try, condemn, or execute the King, or any Peers or Subject of this Realm: (which for any Per&s;on or Per&s;ons to &s;it in or act as a Judge or Commi&s;&s;ioner, to the condemning or taking away the life of the King, or any Peer or other Subject, We declare to be High Trea&s;on, and wilful Murther, to di&s;|inherit the Prince of <HI>Wales</HI> of the Crown of <HI>England,</HI> or again&s;t pro|claiming him King after his Royal Fathers late mo&s;t impious, traite|rous and barbarous murther, or to alter the Monarchical Government, Laws, Great Seal, Judicatories, and ancient forms of Writs, and legal proce&s;s and proceedings; or to keep up, or make good any Com|mi&s;&s;ions Judges, or Officers, made void by the Kings bloody execution; or to continue any old, or rai&s;e any new Forces or Armies; or to impo&s;e any new Taxes, Payments, Oaths or forfeitures on the Subjects, or to take away any of their Lives, Liberties or E&s;tates again&s;t the Funda|mental Laws of the Realm, or to make any new Judges, Ju&s;tices or Offi|cers; or &s;et a&s;ide the Hou&s;e of Peers (far ancienter than the Commons Hou&s;e) and particularly this in&s;olent and frantick Vote of theirs, <HI>Feb. 6. [That the Hou&s;e of Peers in Parliament is u&s;ele&s;s and dange|rous, and ought to be aboli&s;hed, and that an Act be brought in for that purpo&s;e]</HI> to be not onely void, null, and illegal in them&s;elves by the Laws and Statutes of this Realm, but likewi&s;e trea&s;onable, dete|&s;table, tyrannical and de&s;tructive to the Priviledges, Rights and being of Parliaments, the ju&s;t Prerogatives and Per&s;onal &s;afety of the Kings of <HI>England:</HI> the Fundamental Government and Laws of the Realme,
<PB N="118" REF="167"> the Lives, Liberties, Properties and E&s;tates of the People, and the mo&s;t tran&s;cendent tyranny and u&s;urpation over the King, Kingdome, Parlia|ment, Peers, Commons, and Freemen of <HI>England</HI> ever practi&s;ed or at|tempted in any Age, tending onely to di&s;honour, en&s;lave and de&s;troy this antient flouri&s;hing Kingdom, and &s;et up Anarchy and confu&s;ion in all places.</P>
<P>All which exorbitant and trayterous U&s;urpations; We and all free-born Engli&s;hmen, are by all obligations bound to oppo&s;e to the uttermo&s;t with our <GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters">es and fortunes, le&s;t We &s;h<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">uld be acce&s;&s;ary to our own and our Po&s;terities &s;lavery and ruine, for preventing whereof We have lately &s;pent &s;o much blood and trea&s;ure again&s;t the Mal<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">gnant Party, who&s;e Trea&s;ons and In|&s;olencies they far exceed.</P>
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<P><NOTE N="*" PLACE="marg">100. The Kingly Office voted down, after almo<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">t 1000 years, it is now di&s;covered by the&s;e new Lights to be inconvenient to be in one hand, there|fore it mu&s;t be in the Coun|cel of State, forty Tyrants for one King; that is, the Ar|my, and their Party.</NOTE>The 7. <HI>Febru.</HI> the Commons debated about the Kingly Of|fice, and pa&s;&s;ed this Vote.</P>
<P><HI>Re&s;olved, &amp;c.</HI> By the Commons of <HI>England</HI> a&s;&s;embled in Par|liament, that it hath been found by experience, and this Hou&s;e doth declare, That the Office of a King in this Nation, and to have the power thereof in any &s;ingle Per&s;on is unnece&s;&s;ary, bur|den&s;ome and dangerous to the liberty, &s;afety, and publike In|tere&s;t of the People of this Nation, and therefore ought to be aboli&s;hed, and that an Act be brought in for that purpo&s;e.</P>
<P><NOTE PLACE="marg">101. A Committee to bring in a li&s;t of Names for a Councel of State.</NOTE>A Committee was named to bring in a li&s;t of Names (not ex|ceeding 40) to be a Committee of State, by Act of the Hou&s;e of Commons. This is to pull down one King to whom we owe Allegiance; and &s;et up forty Tyrants, to whom we owe no Allegiance.</P>
<P><NOTE PLACE="marg">104. New Com|mi&s;sions for the Judges, whereof &s;ix hold, and &s;ix quit their pla|ces.</NOTE>In&s;tructions were given by the Commons for drawing new Commi&s;&s;ions for the Judges, according to the new Antimonar|chical &s;tile and way, the new Great Seal being now ready, a Committee of the Hou&s;e met the Judges about it; whereof &s;ix agreed to hold (upon a Provi&s;ion to be made by Act of the Hou&s;e of Commons, that the Fundamental Laws be not abo|li&s;hed.) This very provi&s;ion &s;o made by Act of the Commons (be&s;ide all their former Votes again&s;t Monarchy, Peerage, alter|ing
<PB N="119" REF="167"> the &s;tile of Writs, coynage of Money, &amp;c.) is it &s;elf an abo|lition of the Fundamental Laws: This is but a Fig-leaf to cover their &s;hame. Tho&s;e that held were, Of the Kings Bench, Mr. Ju|&s;tice <HI>Rolls</HI> and Judge <HI>Jerman;</HI> of the Common Pleas, Mr Ju&s;tice <HI>S. John,</HI> and Judge <HI>Phea&s;ant;</HI> of the Exchequer, Chief Baron <HI>Wilde,</HI> and Baron <HI>Yates:</HI> tho&s;e which quitted their places and kept their Con&s;ciences, were Ju&s;tice <HI>Bacon,</HI> and Ju&s;tice <HI>Brown,</HI> Sir <HI>Tho. Beddenfield,</HI> Ju&s;tice <HI>Cre&s;wel,</HI> Baron <HI>Treaver,</HI> and Baron <HI>Atkins.</HI><NOTE PLACE="marg">103. <HI>Cyrence&s;ter</HI> el<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">|ction: But the Clerk of the Crown cert fi|ed, that be|tween the Commitee of Elections, and him&s;elf, they could not find the Indentures of return: the Hou&s;e there|fore Ordered, That they &s;hould &s;it, and do &s;ervice; &s;o they are Burge&s;&s;es not returned, but ordered to &s;it.</NOTE></P>
<P>8. <HI>Febr.</HI> The Election of the General and Col. <HI>Rich</HI> at <HI>Cyren|cester,</HI> which never dur&s;t &s;ee the light before, after about 3. years lying dormant, and no account made of it; is on a &s;udden re|ported to the Hou&s;e, approved of, and the Clerk of the Crown (for whom they have not invented a new name yet) ordered to mend the return of the Writ at the Bar.</P>
<P><NOTE N="*" PLACE="marg">104. A Declaration, That they will keep the Fundamental Laws, (lives) why did they erect the High Court of Ju&s;tice, and do &s;till continue Martial Law? (liberties) why do they pre&s;s Seamen then? (properties) why do they levie illegal Taxes by Souldiers, and continue illegal Seque&s;trations.</NOTE> They likewi&s;e pa&s;&s;ed a Declaration to this purpo&s;e, that they are fully re&s;olved to maintain, and &s;hall and will uphold, pre&s;erve and keep the Fundamental Laws of this Nation; for and concerning the pre&s;ervation of the lives, liberties, and pro|perties of the People, with all things incident thereunto, with the alterations concerning Kings, and Hou&s;e of Lords, already re&s;olved in this pre&s;ent Parliament.</P>
<P><HI>Munday,</HI> February 12. The Commons appointed the Circuits for tho&s;e Judges that held,<NOTE PLACE="marg">105. The Judges Circuits ap|pointed, the Benches filled up, and their Oaths altered.</NOTE> and pa&s;&s;ed an Act for compleating the Judges of the &s;everal Courts, filling up the rooms of tho&s;e that held not, with &s;ome alterations in their former Commi&s;&s;i|ons, and a new Oath to be given them, to &s;wear well and truly to &s;erve the Common-wealth in the Office of a Ju&s;tice of the Upper Bench (which all our Laws call the <HI>Kings Bench</HI>) or Com|mon Pleas, according to the be&s;t of their skill and cunning.<NOTE PLACE="marg">106: A new Oath for the Free|men of <HI>London,</HI> and other Co<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">|porations.</NOTE></P>
<P>The Hou&s;e pa&s;&s;ed an Act that the Oath under-written, and no other, be admini&s;tred to every Freeman of the City of <HI>London</HI> at his admi&s;&s;ion, and of all other Cities, Burroughs, and Towns Corporate.</P>
<PB N="120" REF="168">
<P><HI>YOu &s;hall &s;wear, that you will be true and faithfull to the Common|wealth of</HI> England, <HI>and in order thereto, you &s;hall be obedient to the just and good Government of the City of</HI> London, <HI>&amp;c.</HI></P>
<P><NOTE PLACE="marg">107. An Act to re|pe<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">l the Oaths of Allegiance, Obedience, and Supre|macy.</NOTE>They pa&s;&s;ed an Act al&s;o, to repeale the &s;everall Clau&s;es in the Statute, 1. <HI>Eliz. &amp;</HI> 3. <HI>Jacob.</HI> enjoyning the Oaths of Allegiance, Obedience and Supremacy, That the &s;aid Oathes, and all other Oathes of the like nature &s;hall be, and are hereby wholly taken away, the &s;aid Clau&s;es in the &s;aid Acts be made void and null, and &s;hall not hereafter be admini&s;tred to any Per&s;on, neither &s;hall any place or office be void hereafter by rea&s;on of the not taking of them, or any of them, any Law, Cu&s;tome, or Statute to the con|trary notwith&s;tanding.</P>
<P><NOTE PLACE="marg">108. Another De|claration and Prote&s;tation of the &s;ecured and &s;ecluded Mem|bers.</NOTE>In oppo&s;ition to the&s;e tyrannous, de&s;tructive, illegal and tray|terous proceedings of 40. or 50. cheating Schi&s;maticks, &s;itting under the force, and promoting the Intere&s;ts of will and power, of the rebellious Councell of Officers in the Army, The &s;ecured and &s;ecluded Members of the Hou&s;e of Commons Declared as followeth,
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<HEAD>* A publike Declaration and Prote&s;tation of the &s;ecured &amp; &s;e|cluded Members of the Hou&s;e of Commons; Again&s;t the trea|&s;onable and illegall late Acts and proceedings of &s;ome few Confederate Members of that dead Hou&s;e, &s;ince their for|cible Exclu&s;ion, <HI>13. Febr. 1648.</HI></HEAD>
<P>WE the <HI>&s;ecured</HI> and <HI>&s;ecluded Members</HI> of the late <HI>Hou&s;e of Commons,</HI> taking into our &s;ad and &s;erious Con&s;iderations the late <HI>dangerous, de&s;perate,</HI> and <HI>trea&s;onable proceedings</HI> of &s;ome few Members of that Hou&s;e (not amounting to a full eighth part of the Hou&s;e, if divided into ten) who confederating with the Officers and Generall Councell of the <HI>Army,</HI> have forcibly de|tained and &s;ecluded us (again&s;t the <HI>Honour, Freedom,</HI> and <HI>Privi|ledges of Parliament</HI>) from <HI>&s;itting</HI> and <HI>voting</HI> freely with them, for the better &s;etling of the <HI>Kingdoms peace;</HI> and contrary to their <HI>Oaths</HI> of <HI>Allegiance</HI> and <HI>Supremacy,</HI> their <HI>Prote&s;tation,</HI> the <HI>Solemne League and Covenant,</HI> and &s;undry <HI>Declarations</HI> and <HI>Re|mon&s;trances</HI>
<PB N="121" REF="168"> of both <HI>Hou&s;es,</HI> to His late <HI>Murthered MAIESTY, His Heires and Succe&s;&s;ors,</HI> the whole <HI>Kingdomes</HI> of <HI>England, Scot|land,</HI> and <HI>Ireland,</HI> and to all <HI>forraine States</HI> and <HI>Nations</HI> (&s;ince our exclu&s;ion and forced ab&s;ence from their <HI>Coun&s;els,</HI> by rea&s;on of the Armies force) mo&s;t pre&s;umptuou&s;ly arrogated and u&s;urped to them&s;elves the Title of, <HI>The Supreme Authority of this Kingdome:</HI> and by colour and pretence thereof have <HI>wickedly</HI> and <HI>audaciou&s;ly</HI> pre&s;umed, without and again&s;t our <HI>privities</HI> or <HI>con&s;ents,</HI> and a|gain&s;t the <HI>unanimous Vote of the Hou&s;e of Peers,</HI> to erect a <HI>High Court of Ju&s;tice</HI> (as they terme it) though never any Court them|&s;elves, to Arraigne and condemn <HI>His Maje&s;ty,</HI> again&s;t the <HI>Lawes of God,</HI> and the <HI>municipall Lawes</HI> of the Realme: which <HI>Court</HI> (con&s;i&s;ting for the mo&s;t part of &s;uch <HI>partiall</HI> and <HI>engaged Per&s;ons,</HI> who had formerly vowed <HI>His Majesties destruction,</HI> and <HI>&s;ought His bloud</HI>) mo&s;t <HI>illegally</HI> and <HI>unju&s;tly</HI> refu&s;ed to admit of <HI>His Ma|je&s;ties ju&s;t Rea&s;ons</HI> and <HI>exceptions</HI> again&s;t their <HI>u&s;urped Juri&s;diction;</HI> and without any <HI>lawfull authority</HI> or <HI>proofe</HI> again&s;t Him, or <HI>Legall Triall,</HI> pre&s;umed mo&s;t <HI>trayterou&s;ly</HI> and <HI>impiou&s;ly</HI> to <HI>condemne</HI> and <HI>murder Him:</HI> and &s;ince that, have likewi&s;e pre&s;umed to Trie and Arraigne &s;ome <HI>Peers,</HI> and others <HI>free Subjects of this Realme</HI> for their Lives, contrary to <HI>Magna Charta,</HI> the <HI>Petition of Right,</HI> the <HI>Laws of the Land,</HI> and <HI>the liberty of the Subjects,</HI> to the great <HI>en&s;laving</HI> and <HI>endangering</HI> of the <HI>lives</HI> and <HI>liberties</HI> of all <HI>free People</HI> of <HI>Eng|land.</HI></P>
<P>And whereas the &s;aid <HI>confederated Commons</HI> have likewi&s;e ty|rannically and audaciou&s;ly pre&s;umed contrary to their <HI>Oathes</HI> and <HI>Engagements</HI> afore&s;aid, to take upon them to <HI>make Acts of Parliament</HI> (as they terme them) without our privity or a&s;&s;ents, or the joynt con&s;ent of the <HI>King</HI> and <HI>Hou&s;e of Lords,</HI> contrary to the U&s;e and Priviledges of <HI>Parliament</HI> and knowne <HI>Lawes</HI> of the <HI>Land,</HI> and by pretext thereof have trayterou&s;ly and wickedly en|deavoured to <HI>Di&s;-inherit</HI> the Illu&s;trious <HI>CHARLES Prince of Wales,</HI> next Heire to the Crowne, and actuall <HI>KING</HI> of <HI>England, Scotland, France,</HI> and <HI>Ireland,</HI> immediately after His &s;aid <HI>Royall Fathers barbarous Murther, by Right of de&s;cent;</HI> and proclaimed it <HI>Trea&s;on</HI> for any Per&s;on to Proclaime him <HI>KING;</HI> (whereas it is <HI>high Trea&s;on</HI> in them thus to prohibit His proclai|ming) and have likewi&s;e trayterou&s;ly and impudently encroached
<PB N="122" REF="169"> a <HI>tyrannicall</HI> and <HI>lawle&s;&s;e power</HI> to them&s;elves to Vote down our an|tient <HI>Kingly</HI> and <HI>Monarchicall Government,</HI> and the <HI>Hou&s;e of Peers;</HI> and to make a <HI>new Great Seale of England</HI> without the <HI>Kings Por|traicture</HI> or <HI>Stile,</HI> and to alter the antient <HI>Regall</HI> and <HI>Legall Stile of Writs</HI> and <HI>proceedings</HI> in the <HI>Courts of Ju&s;tice,</HI> and to create <HI>new Judges</HI> and <HI>Commi&s;&s;ioners</HI> of the <HI>Great Seale,</HI> and to di&s;pen&s;e with their <HI>Oaths</HI> of <HI>Supremacy</HI> and <HI>Allegiance,</HI> and to pre&s;cribe <HI>new Oaths</HI> unto them contrary to Law, (though they have no <HI>Authority</HI> by any Law, Statute, or cu&s;tome to admini&s;ter or injoyne an <HI>Oath</HI> to any man) and thereby have <HI>trayterou&s;ly</HI> attempted to alter the fun|damentall <HI>Laws</HI> and <HI>Government</HI> of this <HI>Kingdome,</HI> and to &s;ubvert the <HI>freedome, priviledges,</HI> and <HI>being</HI> of <HI>Parliaments;</HI> for which Trea|&s;ons, <HI>Strafford</HI> and <HI>Canterbury</HI> (though lea&s;t criminall) lo&s;t their <HI>Heads</HI> this la&s;t <HI>Parliament,</HI> by &s;ome of their owne pro&s;ecutions, and the judgment of both Hou&s;es.</P>
<P>We in di&s;charge of our re&s;pective duties and obligations both to God, the King, our owne Con&s;ciences, our bleeding dying Kingdomes, and the &s;everall Counties, Cities and Burrroughs for which we &s;erve, do by this pre&s;ent Writing, in our owne Names, and in the Names of all the Counties, Cities, and Burroughs which we repre&s;ented in Parliament, publickly declare and &s;o|lemnly prote&s;t before the all-&s;eeing God, the whole Kingdomes of <HI>England, Scotland,</HI> and <HI>Ireland,</HI> and the world, that We do from the bottome of our hearts abominate, renounce and di&s;|claime all the &s;aid pretended Acts, Votes, and proceedings of the &s;aid confederate Members, (acted under the Armies power a|gain&s;t our con&s;ents) as trea&s;onable, wicked, illegall, unparliamen|tary, tyrannical, and pernitious both to the King, Parliament, King|domes, and all the free-borne People of this Realme; extreamly di&s;advantagious and di&s;honourable to our Nation, &s;candalous to our Religion, and meer forcible U&s;urpations, and Nullities void in Law to all intents and purpo&s;es; which we, and all the Free|men of this Kingdome, and all the Kingdomes and Dominions thereto belonging, are bound openly to di&s;avow, oppugne, and re&s;i&s;t as &s;uch, with our pur&s;es, armes, lives, to the la&s;t drop of our blouds; and to which, neither We, nor any other can, ought, or dare to &s;ubmit or a&s;&s;ent in the lea&s;t degree, without incurring the guilt of <HI>High Trea&s;on,</HI> and the highe&s;t <HI>perjury, infamy,</HI> and
<PB N="123" REF="169"> <HI>di&s;loyalty.</HI> And in ca&s;e the &s;aid confederates &s;hall not &s;peedily retract, and de&s;i&s;t from tho&s;e their trea&s;onable practi&s;es, and ty|rannicall u&s;urpations; (which We cordially de&s;ire and entreat them by all obligations of love and re&s;pect they have to God, Religion, their King, Country and Po&s;terity timely to do.) We do hereby denounce and declare them to be Traytors and pub|lique Enemies both to the King and Kingdome, and &s;hall e&s;teem and pro&s;ecute them, with all their wilfull Adherents, and volun|tary A&s;&s;i&s;tants as &s;uch; and endeavour to bring them to &s;peedy and condigne Puni&s;hment, according to the <HI>Solemne League and Covenant;</HI> wherein, We tru&s;t the whole <HI>Kingdome,</HI> all tho&s;e for whom We &s;erve, and the <HI>Lord of Ho&s;ts</HI> him&s;elf to <HI>whom</HI> We have &s;worne and <HI>lifted up our hands, hearts,</HI> and <HI>fervent prayers,</HI> will be aiding and a&s;&s;i&s;ting to us, and all our Bretheren of <HI>Scotland</HI> and <HI>Ireland</HI> who are <HI>united</HI> and conjoyned with us in <HI>covenant to our</HI> GOD, and <HI>Allegiance</HI> to our <HI>Soveraigne King</HI> CHARLES <HI>the Second,</HI> who (we tru&s;t) will make good all His de&s;troyed <HI>Fathers conce&s;&s;ions</HI> which really concerne our <HI>peace,</HI> or <HI>&s;afety,</HI> and &s;ecure Us again&s;t all <HI>force</HI> and <HI>tyranny</HI> of our <HI>Fellow-&s;ubjects;</HI> who now, contrary to their Tru&s;ts and former Engagements, endeavour by the meer power of that Sword, (which was purpo&s;ely rai&s;ed for the protection of our <HI>Per&s;ons, Government, Religion, Laws, Liber|ties, the</HI> KING's <HI>Royall Per&s;on and Po&s;terity, and the Priviledges of Parliament</HI>) to Lord it over Us at their plea&s;ure, and enthrall and en&s;lave Us to their <HI>armed violence,</HI> and <HI>lawle&s;&s;e martial wills;</HI> which we can no longer tolerate nor undergoe, after &s;o long fruitle&s;&s;e and abu&s;ed patience in hope of their repentance.</P>
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<P>About the &s;ame time came out another Paper, entituled:<NOTE PLACE="marg">109. A Paper enti|tuled [Foure true Po&s;itions, &amp;c.]</NOTE>
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<HEAD>&para; Foure true and con&s;iderable Po&s;itions for the &s;itting Members, the new Courts of Ju&s;tice, and new Judges, Sheriffs, Officers, Lawyers, Ju&s;tices, and others, to ruminate upon.</HEAD>
<P N="1">1. THat the whole Hou&s;e of Commons in no Age had any Power, Right or Lawfull Authority to make any Valid or binding Act or Ordinance of Parliament; or to impo&s;e any Tax, Oath, Forfeiture, or capitall puni&s;hment upon any Per&s;on or
<PB N="124" REF="170"> Free-men of this Realme, without the <HI>Lords</HI> or <HI>Kings concurrent</HI> a&s;&s;ents: much le&s;&s;e then can a &s;mall remnant onely of the Mem|bers of that Hou&s;e do it, &s;itting under an armed force (which nulls and vacates all their <HI>Votes</HI> and proceedings, as the <HI>Ordinance</HI> of 20. <HI>Augu&s;t,</HI> 1647. declares) whil&s;t mo&s;t of their Fellow-Mem|bers are forcibly detained and driven thence, as Mr. <HI>St. John</HI> proves in his Speech concerning Ship-mony, <HI>p.</HI> 33. and in his Argu|ment concerning the Earle of <HI>Strafford's</HI> Attainder, <HI>p.</HI> 70, 71, 76, 77, 78. and Sir <HI>Edw. Coke</HI> in his 4. <HI>In&s;tit. c.</HI> 1.</P>
<P N="2">2. That the few Members now &s;itting in, and the Hou&s;e of Commons being no Court of Ju&s;tice of it &s;elfe, and having no power to hear and determine any civill or criminall cau&s;es, nor to give an Oath in any ca&s;e what&s;oever, cannot by the Lawes and Statutes of the Realm, nor by any pretext of authority what&s;o|ver, erect any new <HI>Court of Ju&s;tice,</HI> nor give power or authority to any new <HI>Judges, Ju&s;tices,</HI> or <HI>Commi&s;&s;ioners</HI> to arraigne, try, con|demn or execute any Subject of meane&s;t quality, for any reall or pretended crime what&s;oever; much le&s;s their own Soveraign Lord the <HI>King;</HI> or any <HI>Peers</HI> of this Realme, who ought to be tryed by their Peers, and by the Law of the Land alone, and not otherwi&s;e. And that the condemning and executing the King, or any Peere, or other Subject by pretext of &s;uch an illegall Authority, is no le&s;&s;e than High Trea&s;on and wilfull Murther, both in the Mem|bers, and Commi&s;&s;ioners, Judges or Ju&s;tices, giving and executing Sentence of Death in any &s;uch arbitrary and lawle&s;&s;e void Court, or by vertue of any &s;uch void and illegall Commi&s;&s;ions.</P>
<P N="3">3. That the Hou&s;e of Commons and Members now &s;itting, have no power nor authority to make or alter the Great Seale of <HI>England,</HI> or grant any Commi&s;&s;ions to any Commi&s;&s;ioners, Judges, Sheriffs, Ju&s;tices of the Peace, or any other. That all the Commi&s;&s;ions granted by them, under their New, or any other Seale, are meerly void and illegall; and all the new Writs and pro|ceedings in Law or Equity before any Judges, Ju&s;tices, Sheriffs, or other Officers made by them, meerly void in Law to all in|tents, <HI>&amp; coram non judice,</HI></P>
<P N="4">4. That the deniall of the KING's Title to the Crowne, and plotting the meanes to deprive Him of it, or to &s;et it upon ano|thers Head, is High Trea&s;on, within the Statute of 25. <HI>Ed.</HI> 3. <HI>ch.</HI> 2. And that the endeavouring to &s;ubvert the Fundamentall Lawes
<PB N="125" REF="170"> and Government of the Realme of <HI>England</HI> [by King, Lords, and Commons] and to introduce a tyrannicall or arbitrary Govern|ment again&s;t Law, is High Trea&s;on at the Common Law (e&s;peci|ally in Judges and Lawyers) not taken away by any Statute. Both which M^r. <HI>St. John</HI> in his Argument at Law, concerning the Bill of at|tainder of high Trea&s;on of <HI>Tho.</HI> E. of <HI>Stafford,</HI> publi&s;hed by order of the Com. Hou&s;e, <HI>An.</HI> 1641. <HI>p.</HI> 8. 14. to 33. and 64. to 78. And in his Speech as a conference of both Hou&s;es of Parl. concerning Ship-mony, <HI>An.</HI> 1640. hath proved very fully by many rea&s;ons and pre&s;idents; and <HI>Coke</HI> in his 7. <HI>Report, f.</HI> 10, 11, 12, and 3. <HI>In&s;tit. c.</HI> 1. That the Commons now &s;itting, in making a new Great Seale, without the Kings Image or Style, in granting new illegall Com|mi&s;&s;ions to Judges, Ju&s;tices of Peace, Sheriffs, and other Officers, in the name of <HI>Cu&s;todes Angliae</HI> in the generall, in omitting and altering the Kings Name, Style and Title in Writs, Proce&s;&s;e, In|dictments, and proceedings at the Common Law, and thereby indeavouring to Di&s;-inherit the <HI>Prince,</HI> (now <HI>lawfull King</HI> by and &s;ince his Fathers bloudy murther) and to alter and &s;ubvert the Fundamentall Lawes and Government of the Realme, by &s;uch commi&s;&s;ions and proceedings, and by the power of an Ar|my to enforce them; and the Judges, Ju&s;tices, Sheriffs, and other Officers who accept of &s;uch Commi&s;&s;ions, and all tho&s;e (e&s;pe|cially Lawyers) who voluntarily a&s;&s;i&s;t, con&s;ent, and &s;ubmit to &s;uch Commi&s;&s;ions and Alterations by &s;uch u&s;urped illegall Au|thority, and the Commi&s;&s;ioners &s;itting in the new Courts of Ju&s;tice are mo&s;t really guilty of both the&s;e high<NOTE N="*" PLACE="marg">Whereupon &s;ix Judges re|fu&s;ed to ac|cept any new Commi&s;&s;ions, or to act as Judges.</NOTE> Trea&s;ons (in which there are no Acce&s;&s;ories) and le&s;&s;e excu&s;able than <HI>Strafford</HI> or <HI>Canterbury,</HI> whom &s;ome of the&s;e new Judges and &s;itting Mem|bers impeached and pro&s;ecuted to death for tho&s;e very Trea&s;ons them&s;elves now act in a more apparent and higher degree than they, and (in re&s;pect of their oaths, covenant, callings, and pla|ces) are more obliged to maintaine the <HI>Kings</HI> Title, the Funda|mentall Lawes and Government, the Rights and Liberties of the Kingdome and Parliament then they; and therefore (if they per&s;evere therein) may ju&s;tly expect the &s;elf-&s;ame capitall puni&s;h|ments they underwent, if not farre wor&s;e; e&s;pecially &s;ince they attempt to reduce the <HI>antiente&s;t Kingdome of all Chri&s;tendom,</HI> into the <HI>punie&s;t</HI> and mo&s;t <HI>contemptible State</HI> in all the World; and thereby to render us the mo&s;t <HI>infamous, perfidious</HI> and <HI>di&s;|honourable
<PB N="126" REF="171"> Nation under Heaven,</HI> both to the pre&s;ent and all &s;uc|ceeding Ages: which mu&s;t needs make the contrivers and Abet|ters thereof the mo&s;t dete&s;table Traytors and publique Enemies to their <HI>King</HI> and <HI>native Country,</HI> that ever this Realme brought forth in any Age. Repent therefore of the&s;e your Trea&s;ons, and amend your lives, if you expect the lea&s;t hope of pardon from God or Man; and expiate all your former <HI>high mi&s;demeanours,</HI> by engaging all your power and endeavours to &s;ettle all things in <HI>Church</HI> and State according to your primitive engagements; in|&s;tead of accumulating one &s;in and Trea&s;on to another, which will prove your certaine ruine in conclu&s;ion, not your &s;afety.</P>
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<P>About the &s;ame time, and (it is thought) from the &s;ame Author came forth a Paper bearing the Title of,
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<HEAD><NOTE PLACE="marg">110. Six propo&s;iti|ons of un|doubted verity Another Paper. Every Act of Parliament relateth to the fir&s;t day of the &s;ame Parliam. but it cannot be, that any Act pa&s;&s;ed in the Reigne of King <HI>Charles</HI> the &s;econd, &s;hould relate to the fir&s;t day of this Parliament, which hap|pened in the &s;ixteenth yeare of <HI>Charles</HI> the Fir&s;t, <HI>ergo</HI> this Parliament is determined by the death of King <HI>Charles</HI> the fir&s;t.</NOTE>&para; Six Propo&s;itions of undoubted verity, fit to be con&s;idered in our pre&s;ent exigency by all loyall Subjects and con&s;cientious Chri&s;tians.</HEAD>
<P N="1">1. THat this Parliament is <HI>ip&s;o facto</HI> Di&s;&s;olved by the King's death; He being the Head, Beginning and End of the Parliament, called onely by his Writ, to confer with Him as His Parliament and Councel about urgent affaires, concerning Him and His Kingdome, and &s;o was it re&s;olved in 1. <HI>Hen.</HI> 4. <HI>Rot. Parl. n.</HI> 1. 14 <HI>H.</HI> 4. <HI>Coke</HI> 4. <HI>In&s;tit. p.</HI> 46. <HI>&amp;</HI> 4. <HI>c.</HI> 4. <HI>f.</HI> 44. <HI>b.</HI></P>
<P N="2">2. That immediately upon this Parliaments di&s;&s;olution by the Kings death, all Commi&s;&s;ions granted by the King, or by one or both Hou&s;es to the Generall or Officers of the Army, the Com|mi&s;&s;ioners of the great Seale of <HI>England,</HI> Judges of the Kings Courts, Ju&s;tices of Peace, Sheriffs, Exci&s;e-men, Cu&s;tomers, and the like; with all Committees, and ordinances of one or both Hou&s;es made this Parliament, did actually determine, expire, and become meerly void in Law to all intents and purpo&s;es, and can|not be continued as good and valid by any Power what&s;oever.</P>
<P N="3">3. That in&s;tantly after the Kings decea&s;e, the Imperiall
<PB N="127" REF="171"> Crowne of this Realme of <HI>England,</HI> and of the Kingdomes, Do|minions, and Rights thereunto belonging, was by inherent Birth|right, and Lawfull undoubted &s;ucce&s;&s;ion and de&s;cent, actually ve&s;ted in the mo&s;t Illu&s;trious <HI>Charles,</HI> Prince of <HI>Wales,</HI> being next lineall Heire of the bloud Royall to his Father King <HI>CHARLES:</HI> and that He is actuall <HI>KING</HI> thereof, before any ceremony of Coronation, as is re&s;olved in full Parliament, by the Statute of 1. <HI>Jacobi, ch.</HI> 1. and by all the Judges of <HI>England</HI> &s;ince. <HI>Coke</HI> 7. <HI>Re|port</HI> f. 10, 11. in <HI>Calvins</HI> ca&s;e, Who&s;e Royall Per&s;on and Title to the Crowne all loyall Subjects are bound by their Oaths of Supremacy, Allegiance, and Solemne League and Covenant, with their E&s;tates, Lives, and la&s;t drop of their blouds to maintaine a|gain&s;t all Oppo&s;ers.</P>
<P N="4">4. That all Peers of the Realme, Mayors, Sheriffs, chief Offi|cers of Cities and Corporations in this Kingdome, are obliged by their Places and Allegiance, without any delayes or excu&s;es, to declare and proclaime Prince <HI>Charles</HI> to be rightfull King of <HI>Eng|land,</HI> and of all Kingdomes and Rights thereunto belonging; not|with&s;tanding any illegall prohibitions or menaces to the contrary by any u&s;urped Power what&s;oever; under paine of being guilty of High Trea&s;on, and forfeiting their City and Corporation Char|ters, in ca&s;e of &s;upine neglect or refu&s;all thereof; through fear, terror, or any &s;ini&s;ter re&s;pect.</P>
<P N="5">5. That till King <HI>Charles</HI> be &s;etled in his Throne, or give other Order, the pre&s;ent Government of the Kingdome is legally ve|&s;ted onely in the Lords and Peers of the Realme, being by Inhe|ritance, cu&s;tome and Law in &s;uch ca&s;e, the Kings and Kingdoms great Councel, to who&s;e lawfull commands all other Subjects ought to yeeld ready Obedience.</P>
<P N="6">6. That every profe&s;&s;ed actuall endeavour by force or other|wi&s;e to alter the fundamentall Monarchicall Government, Laws, and legall Style and proceedings of this Realme; and to introduce any new Government or Arbitrary proceedings contrary there|unto, is no le&s;&s;e then High Trea&s;on, and &s;o declared and re&s;olved by the la&s;t Parliament, in the ca&s;es of <HI>Strafford</HI> and <HI>Canterbury,</HI> the lo&s;&s;e of who&s;e Heads (yet fre&s;h in memory) &s;hould deterre all others from pur&s;uing their pernitious cour&s;es, and out-&s;tripping them therein; they being as great, potent, and as farre out of the
<PB N="128" REF="172"> reach of danger and ju&s;tice in humane probability as any of our pre&s;ent Grandees.</P>
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<P><NOTE PLACE="marg">111. A New Stamp for Coyne.</NOTE>That no Act of Rebellion and Trea&s;on might be unattempted by this Conventicle, no part of the Regalities of the King, or peoples Liberties unviolated; they con&s;idered of a New Stamp to be given to all Coyne (for the future) of this Nation.</P>
<P><NOTE PLACE="marg">112. In&s;tructions for the Coun|cel of State.</NOTE>13. <HI>Febr.</HI> They con&s;idered of In&s;tructions and Power to be given by way of Commi&s;&s;ion to the &s;aid Committee, or Councel of State. 1. For the Government of the two Nations of <HI>Eng|land</HI> and <HI>Ireland;</HI> appointing a Committee to bring in the Names of the&s;e <HI>Hogens Mogens;</HI> and to perfect their In&s;tructions: for, (1) Ordering the Militia. (2) Governing the People, (they were wont to be Governed by knowne Lawes, not by Arbitrary In|&s;tructions, and by one King, not by forty Tyrants, mo&s;t of them ba&s;e Mechanicks, who&s;e education never taught them to a&s;pire to more knowledge then the Office of a Con&s;table.) (3) Setling of Trade&punc; (mo&s;t of them have driven a rich Trade in the work of Reformation for them&s;elves.) (4) Execution of Lawes, (this was wont to be done by legall &s;worne Judges, Juries, and Offi|cers.)</P>
<P><NOTE PLACE="marg">113. Powers given to the Councel of State.</NOTE>14. <HI>Eebr.</HI> The Committee reported to the Hou&s;e the Names of the Committee of State, or Lords States Generall. Al&s;o the Power they were to have, <HI>viz:</HI> 1. Power to command and &s;ettle the Militia of <HI>England</HI> and <HI>Ireland.</HI> 2. Power to &s;et forth Ships, and &s;uch a con&s;iderable Navy as they &s;hould think fit. 3. Power to appoint Magazines and Stores for the Kingdoms of <HI>England</HI> and <HI>Ireland,</HI> and di&s;po&s;e of them from time to time for the &s;ervice of both Nations, as they &s;hall think fit. 4. Power to fit and execute the &s;everall powers given for the &s;pace of one whole yeare: with many other powers not yet revealed, and daily increa&s;ed: be&s;ides what improvements of Power they are able to make hereafter, having the Militia of an Army (that formidable Hob-goblin) at their command. They have two Seales appointed, a Great Seale, and a Signet Patents for Sheriffs, and Commi&s;&s;ions for Ju|&s;tices, and Oaths for both, were reformed according to the Godly cut.</P>
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<P>When the Committtee of State was nominated in the Hou&s;e,<NOTE PLACE="marg">114. An expurga|tory Oath put upon the Councel of State, &s;cru|pled by &s;ome of the Mem|bers, and mo|derated by <HI>Cromwell</HI> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">n oppo&s;ition of the Level<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ers.</NOTE> divers Gentlemen of the be&s;t quality were named; whom they could not omit, becau&s;e they had &s;at with them, and concurred in all their great debates: although they had more confidence in tho&s;e petty Fellows, who had, or would &s;ell their &s;oules for gain, to make them&s;elves Gentlemen, to debarre the &s;aid Gentle|men of quality therefore and make them forbear, they invented an expurgatory Oath or <HI>Shibeleth</HI> to be taken by every Member before his initiation, whereby they &s;hould declare, <HI>That they ap|proved of what the Hou&s;e of Commons and their High Court of Ju&s;tice had done again&s;t the</HI> KING, <HI>and of their aboli&s;hing of Kingly Govern|ment, and of the Hou&s;e of Peers, and that the Legi&s;lative and Su|preme power was wholly in the Hou&s;e of Commons,</HI> 22. Febr. <HI>Cromwell</HI> (Chairman of that Committee of State) reported to the Commons, <HI>That according to the Order of that Hou&s;e,</HI> 19. <HI>of the &s;aid Members had &s;ub&s;cribed to that forme of the Oath, as it was originally penned: but</HI> 22. <HI>of them &s;crupled it, whereof all the Lords were part, not but that they confe&s;&s;ed (except one) The Commons of</HI> England <HI>to be the Supreme power of the Nation, or that they would not live and die with them in what they &s;hould do for the future, but could not con|firm what they had done in relation to the King and Lords:</HI> &s;o it was referred to a Committee, to con&s;ider of an expedient.</P>
<P><HI>Cromwell</HI> (having made u&s;e of the Levellers,, <NOTE PLACE="marg">115. <HI>Cromwells</HI> u|&s;urped power. When the Hou&s;e of Commons op|po&s;ed <HI>Cromwels</HI> and <HI>Iret<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ns</HI> de|&s;ignes, they cried up the Libertie of the People, and decried the Authority of Parliament, until they had made u&s;e of the Levellers to purge the Hou&s;e of Commons and make it &s;ub&s;ervient to their ends, and aboli&s;h the Hou&s;e of Lords: and then they cried up the Supreme Au<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">horitie of their Hou&s;e of Commons, and decried the Liber|ty of the people, and the Levellers who upheld it. So <HI>Charles</HI> the 5. fir&s;t made u&s;e of the Popes Authority to &s;ubdue the Prote&s;t<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">nts of <HI>Germany,</HI> and then u&s;ed an Army of Prote|&s;tants to &s;ubdue and impri&s;on <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">he Pope.</NOTE>(A&s;&s;ertors of pub|lique Liberty) to purge the Hou&s;e of Commons, and aboli&s;h the Lords Hou&s;e) doth now endeavour to ca&s;t down the Levellers once more, finding him&s;elf rai&s;ed to &s;o great an height, that he cannot endure to think of a levelling equality; he over&s;wayes the Councel of Warre, over-awes the Hou&s;e of Commons, and is Chairman and Ring-leader of the Councel of State: &s;o that he hath engro&s;&s;ed all the power of <HI>England</HI> into his own hands, and is become the Triple-King, or Lord Paramount over all the Tyrants of <HI>England;</HI> in oppo&s;ition therefore to the Levelling
<PB N="130" REF="173"> party, and for the upholding his own more Lordly Intere&s;t, he procured an expedient to Alter and Reforme the &s;aid Oath, which at la&s;t pa&s;&s;ed in this forme following:
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<OPENER><DATELINE><DATE><HI>February</HI> the 22. 1648.</DATE></DATELINE></OPENER>
<P><NOTE PLACE="marg">116. The forme of the &s;aid refor|med Oath.</NOTE><HI>I A. B.</HI> being nominated a Member of the Councel of State by this pre&s;ent Parliament, do te&s;tify, that I do adhere to this pre&s;ent Parlia|ment, in the maintenance and defence of the publique liberty and free|dome of this Nation, as it is now Declared by this Parliament, (by who&s;e Authority I am con&s;tituted a Member of the &s;aid Councel) and in the maintenance and defence of their re&s;olutions concerning the &s;etling of the Government of this Nation for the future, in way of a Republique without King or Hou&s;e of Peers, and I do promi&s;e in the &s;ight of God, that (through his Grace) I will be faithfull in performance of the tru&s;t committed to me as afore&s;aid, and therin faithfully pur&s;ue the In&s;tru|ctions given to the &s;aid Councel by this pre&s;ent Parliament;<NOTE PLACE="marg">Mere you &s;ee a curtain drawn between the eyes of the people, and the clande&s;tine machinations and actings of this Councell.</NOTE> and not reveale or di&s;clo&s;e any thing in whole or in part, directly, or indirectly, that &s;hall be debated or re&s;olved upon in the Councel, without the com|mand or direction of the Parliament, or without the order or allowance of the major part of the Councel, or of the major part of them that &s;hall be pre&s;ent at &s;uch Debates or Re&s;olutions: In confirmation of the pre|mi&s;es, I have hereto &s;ub&s;cribed my Name.</P>
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<P><NOTE PLACE="marg">117. The C. of War debate to ma&s;|&s;acre the <HI>Kings party.</HI> See <HI>Will. Sedgwicks [Iu|&s;tice upon the Armies Remon|&s;trance.]</HI></NOTE>About this time it was debated at the Councel of Warre <HI>to Ma&s;&s;acre and put to the Sword all the</HI> KING'S <HI>Party,</HI> The Que&s;tion put, was carried in the Negative but by two Voices. You &s;ee what Furies pur&s;ue the&s;e &s;infull Wretches, and what dangerous rocks they da&s;h upon, in order to that ba&s;e and cowardly princi|ple of <HI>Self-pre&s;ervation.</HI></P>
<P>The Army hath in every County of <HI>England</HI> packs of &s;chi&s;ma|tical Beagles,<NOTE PLACE="marg">118. Schi&s;maticall Petitions for 2. or 3. principal Gentlemen in each County to be brought to ju&s;tice.</NOTE> whom they hollow on to hunt in full crie (by Pe|titions to the Hou&s;e) after the bloud of &s;uch whom they de&s;ign for &s;laughter. Many Petitions have been lately pre&s;ented, <HI>That two or three principall Gentlemen of the</HI> KING'S <HI>Party (by name) in each County, might be &s;acrificed to Ju&s;tice, whereby the Land might be freed from bloud-guiltine&s;&s;e.</HI></P>
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<P>Divers Merchants have contracted to &s;end forth &s;everall Ships for the next Summers Fleet, at their own charge.<NOTE PLACE="marg">119. Merchants ar|ming Ships for this Summers Fleet.</NOTE></P>
<P>The Prodigious High Court of Ju&s;tice was revived in order to the Trial of the Earle of <HI>Holland,</HI> the Earle of <HI>Cambridge,</HI> the Earle of <HI>Norwich,</HI> the Lord <HI>Capel,</HI> and Sir <HI>John Owens;</HI><NOTE PLACE="marg">120: The High Court of Ju|&s;tice revived.</NOTE> the Commi&s;&s;io|ners were changed (that they may engage as many men in arbi|trary, illegal tyranny and bloud-&s;hed as they can.)</P>
<P><HI>Hamilton</HI> was exceedingly importuned by <HI>Cromwell</HI> (who took a journey to <HI>Wind&s;or</HI> purpo&s;ely) <HI>to name &s;uch Members of Parliament and Citizens as had any hand in calling him in:</HI><NOTE PLACE="marg">121. The Hi&s;tory of <HI>Hamiltons</HI> im|pri&s;onment and death. See <HI>digitus Dei</HI> upon Duke <HI>Hamil<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">on.</HI></NOTE> this he either could not, or would not do; he had (in order to his own ambition) fir&s;t exa&s;perated the Independent party again&s;t the KING, and afterwards &s;ought their ruine by engaging for the KING: and he doubted that to undertake &s;o odious an office as to play the Devils part, and be an Accu&s;er of his Brethren, would but &s;et a glo&s;&s;e upon the Independents intended &s;everity again&s;t him. Being brought to St. <HI>James's</HI> in order to his Tryall, <HI>Crom|well</HI> (hoping to traine him to a confe&s;&s;ion) cau&s;ed all his Crea|tures to carry a favourable countenance to him. <HI>Brad&s;haw</HI> &s;moo|thed him up with &s;oft language at the Barre; the Lord <HI>Gray</HI> of <HI>Grooby,</HI> Col. <HI>Wayte,</HI> and <HI>Hugh Peters,</HI> gave him hopes that they would not much ob&s;truct his pretended Plea of Quarter from <HI>Lambert</HI> upon Articles, <HI>Peters</HI> avouched Quarter &s;o given by <HI>Lambert;</HI> notwith&s;tanding Colonel <HI>Wayte</HI> (when he made Re|port to the Hou&s;e of Commons how he took him) affirmed, <HI>He yeilded at di&s;cretion, and</HI> Lambert <HI>was not then neer him:</HI> after this <HI>Peters</HI> gives <HI>Hamilton</HI> a Vi&s;it, who gives <HI>Peters</HI> thanks and money to boot for his late favour done him in Court;<NOTE PLACE="marg"><HI>Quaere,</HI> What an accu&s;ation extorted for feare of death, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">nd hope of life is worth? <HI>Hamilton</HI> con|fe&s;&s;ed at his death, he had been much pre&s;&s;ed; yet had named no ma<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">. <HI>Argyle.</HI></NOTE> and knowing him to be an In&s;trument of <HI>Cromwells,</HI> imployed him as his Soli|citor to the Members of the Hou&s;e and Army. <HI>Peters</HI> prayes for <HI>Hamilton</HI> openly as his <HI>Lord</HI> &amp; <HI>Patron,</HI> &s;till feeding him with hopes <HI>If he would Impeach their Oppo&s;ites:</HI> yet &s;till he waved this, offering them 100000 l. for his life, and often inculcating what &s;ervices he would do them in <HI>Scotland;</HI> for which purpo&s;e he offered to joyn Intere&s;ts with <HI>Argyle,</HI> and be a Servant to their Party. Me&s;&s;en|gers were po&s;ted into <HI>Scotland</HI> to know <HI>Argyles</HI> plea&s;ure: But he had been over-reached formerly by <HI>Hamilton,</HI> and he was re&s;olved to admit no Competitor, which would have eclip&s;ed his great|ne&s;&s;e,
<PB N="132" REF="174"> and have made him not the &s;ole Patron of Scoti&s;h Indepen|dency: Be&s;ides, the Kirk &s;o farre hated <HI>Hamilton</HI> that they preached off his head in <HI>Scotland,</HI> before it was cut off in <HI>Eng|land:</HI> the High Court of Ju&s;tice lingered long in expectation of an An&s;wer; at la&s;t &s;uch a one came as decried all reconciliation with <HI>Hamilton,</HI> whereupon the &s;cene was altered pre&s;ently, <HI>Brad|&s;haw</HI> handled him roughly at the Bar, <HI>Mar.</HI> 6. Tho&s;e which &s;mi|led on him before, frowned now; being asked <HI>what he could &s;ay?</HI> he pleaded <HI>Quarter,</HI> and vouched <HI>Peters</HI> Te&s;timony: who with a brazen face renounced his former Te&s;timony,<NOTE PLACE="marg">When <HI>Hamil|ton</HI> was upon the Scaffold, divers Officers of the Army, and <HI>Hugh Pe|ters</HI> conver&s;ed familiary with him to the la&s;t, and Me&s;&s;en|gers pa&s;&s;ed to and fro.</NOTE> &s;aying, <HI>He now re|membred no &s;uch matter, but that the Army &s;corned to give quarter to him, or any of his Nation:</HI> whereupon he was condemned to the Block; which Sentence was executed upon him, <HI>March,</HI> 9. yet they fed <HI>Hamilton</HI> with vaine hopes to the la&s;t ga&s;p, for fear he &s;hould give glory to God, and throw &s;hame and infamy upon them&s;elves by a Chri&s;tian confe&s;&s;ion of his, <HI>Argyles,</HI> and their mu|tual villanies: be&s;ides, &s;uch a Di&s;covery would have made <HI>Argyle</HI> le&s;&s;e &s;erviceable to them in <HI>Scotland,</HI> who&s;e next de&s;igne is to ca|jole the Kirk by &s;eeming an Enemy to the Sectaries of <HI>England,</HI> and pretending to &s;erve the Presbyterian Intere&s;t. Thus I conclude the Tragedy of Duke <HI>Hamilton.</HI></P>
<P><NOTE PLACE="marg">122. The Death of the Lord <HI>Capel.</HI></NOTE>In oppo&s;ition to whom, I will briefly relate the Tragedy of the noble Lord <HI>Capel,</HI> a Gentleman of great courage and inte|grity. He had made an adventurous e&s;cape out of the <HI>Tower,</HI> but was re-taken by the treachery of a limping Water-man, (if I knew his Name I would be&s;tow a blot of Inke upon him.) He pleaded for him&s;elf <HI>Articles of Surrender</HI> (which were reall in him, though not in <HI>Hamilton) that divers that were in</HI> Col|che&s;ter, <HI>and in his condition, had been admitted to compound;</HI> and <HI>de&s;ired to be referred to Martial Law,</HI> which being denyed, He moved, <HI>he might not be debarred of Additionall defence; if he mu&s;t be judged by the Common Law, then he demanded the full benefit of that Declaration of the Commons,</HI> 19. Feb. 1648. which Enacteth and Declareth, <HI>That though King and Lords be laid a&s;ide, yet all other the fundamental Laws &s;hall be in force concerning the lives, liberties, and properties of the Subject:</HI> and recommended to them <HI>Magna Charta, The Petition of Right,</HI> 3. <HI>Caroli.</HI> and the Act made, <HI>H.</HI> 7. <HI>for indempnity of all &s;uch as adhered to the pre&s;ent King in po&s;&s;e&s;&s;ione</HI>
<PB N="133" REF="174"> al&s;o the exception in the Act of Attainder of <HI>Strafford</HI> and <HI>Can|terbury,</HI> which &s;aies, <HI>Their Ca&s;es &s;hall not be u&s;ed as a precedent a|gain&s;t any man:</HI> He de&s;ireth to &s;ee his jury, and that they might &s;ee him, and &s;o might be Tryed by his Peers, &s;aying, <HI>He did beleive no precedent could be given of any Subject Tried, but by Bill of At|tainder in Parliament, or by a Jury.</HI> But all was but to charme a deaf Adder. He was a gallant Gentleman, and they dur&s;t not let him live.</P>
<P>The KING'S Library at St. <HI>James's</HI> was given (I hear) to that ignorant Stage player <HI>Hugh Peters.</HI><NOTE PLACE="marg">123. The Kings Li|brary at Saint <HI>James's</HI> given to <HI>Hugh Peters</HI></NOTE></P>
<P N="26">26. <HI>Febr. John Lylburne</HI> delivered to the Commons (by the name of <HI>the Supreme Authority of</HI> England) <HI>A Petition in the name of many thou&s;and wel-affected,</HI> with a Book annexed, entituled <HI>Eng|lands new Chaines di&s;covered.</HI> The mo&s;t material points thereof are,<NOTE PLACE="marg">124. L. C. <HI>Lylburnes</HI> Petition to the Hou&s;e, with <HI>Englands new Chaines,</HI> an|nexed. See the Hun|ting the Foxes, &amp;c. <HI>pag.</HI> 8.</NOTE> that they find fault with <HI>The Agreement of the People,</HI> pre&s;ented to the Hou&s;e by Lieu. Gen. <HI>Hammond,</HI> from the Officers of the Army: becau&s;e,</P>
<P N="1">1. <HI>They like not there &s;hould be any intervals between the end of this Repre&s;entative now &s;itting, and the beginning of the next, whereby du|ring the &s;aid Intervall the Supreme power will be left in the new ere|cted Councel of State, a con&s;titution of a new and unexperienced na|ture, which may de&s;igne to perpetuate their power, and keep off Parlia|ments and Repre&s;entatives for ever.</HI></P>
<P N="2">2. <HI>They conceive no le&s;&s;e danger in that it is provided that Parlia|ments for the future, are to continue but</HI> 6. <HI>months, and the Councel of State</HI> 18. <HI>Months; in which time having command of all the Forces by Sea and Land, they will have great opportunities to make them|&s;elves ab&s;olute and unaccountable.</HI></P>
<P N="3">3. <HI>They are not &s;atisfied with that Clau&s;e in the &s;aid Agreement,</HI> That the Repre&s;entative &s;hall extend to the erecting and abo|li&s;hing Courts of Ju&s;tice; <HI>&s;ince the alteration of the u&s;uall way of Trialls by</HI> 12. <HI>&s;worne men of the Neighbour-hood may be included therin, as hath lately been done by erecting a new High Court of Ju&s;tice criminall under a Pre&s;ident and Commi&s;&s;ioners, or Tryers picked and cho&s;en in an unu&s;uall way, all liberty of exceptions again&s;t them being over-ruled.</HI></P>
<P N="4">4. <HI>They are not &s;atisfied with that Clau&s;e in the Agreement,</HI> That the Repre&s;entative have the Highe&s;t finall Judgment; <HI>&s;ince
<PB N="134" REF="175"> their Authority is onely to make Generall Laws, Rules and Directions for Courts, and Per&s;ons a&s;&s;igned by Law to execute them, unto which the Repre&s;entatives them&s;elves are to be &s;ubject, it being a great par|tiality and vexation to the People, that the Law-makers &s;hould be Law-executors.</HI></P>
<P N="5">5. <HI>They finde fault with the Exci&s;e, calling it,</HI> The great ob&s;tru|ctor of all Trade, farre &s;urmounting Ship-money, and all Patents, Projects, and Monopolies before this Parliament.</P>
<P N="6">6. <HI>The Act for Pre&s;&s;ing of Sea-men.</HI></P>
<P N="7">7. <HI>The General and Officers ob&s;tructing the Pre&s;&s;e.</HI></P>
<P N="8">8. <HI>The Chancery and Courts of Ju&s;tice not regulated.</HI></P>
<P N="9"><NOTE PLACE="marg">Hunting the Foxes. <HI>p</HI> 8. &s;ayes, <HI>it was Iretons inven|tion</HI></NOTE>9. <HI>They complaine, That a Councel of State is ha&s;tily cho&s;en as Guardians of the Peoples liberties, with a va&s;t and exorbitant power:</HI> 1. <HI>To command, order, and di&s;po&s;e of all Forces by Sea and Land, and all Magazines of Store in</HI> England <HI>and</HI> Ireland. 2. <HI>To di&s;po&s;e all publique Trea&s;ure.</HI> 3. <HI>To command any Per&s;on what&s;oever before them, to give Oath for di&s;covery of Truth.</HI> 4. <HI>To Impri&s;on any that &s;hall di&s;obey their Commands, and &s;uch as they &s;hall Judge contuma|cious:</HI> what now is become of <HI>Magna Charta,</HI> and the Liberties of the People, <HI>That no Mans Per&s;on &s;hall be Attached or Impri&s;oned, or Di&s;&s;ei&s;ed of his Free-hold or Free-cu&s;tomes but by lawfull Judge|ment of his Equalls?</HI> This Councel of State hath got all power in|to their hands (a project long laboured) and now their next mo|tion will be <HI>(pretending ea&s;e to the People)</HI> to Di&s;&s;olve this Parlia|ment.</P>
<P N="10">10. <HI>The Petitioners complaine, that in order to &s;ettle their Tyran|ny, the Councel of Officers in&s;i&s;ted upon it,</HI> That a motion &s;hould be made to the Hou&s;e of Commons, to enable them to put to death by Martial Law all &s;uch as they &s;hall judge by Petitions, or otherwi&s;e to di&s;turbe the pre&s;ent proceedings, whether Mem|bers of the Army, or not. And when it was urged, <HI>That the Civil Magi&s;trate &s;hould do it:</HI> it was an&s;wered,<NOTE N="*" PLACE="marg">The &s;aying of Col. <HI>Hew&s;on</HI> the one-eyed Cobler. See Hunting the Foxes. <HI>p.</HI> 10.</NOTE> <HI>They could hang twen|ty ere the Magi&s;trate could hang one.</HI> The prayer of their Petition is:</P>
<P N="1">1. <HI>That the Self-denying Ordinance be ob&s;erved.</HI></P>
<P N="2">2. <HI>That they would con&s;ider how dangerous it is, to continue the Highe&s;t Military Commands &s;o long in the &s;ame Per&s;ons, e&s;pecially acting &s;o long di&s;tinct, and of them&s;elves, as tho&s;e now in being have
<PB N="135" REF="175"> done, and in &s;uch extraordinary waies, whereunto they have accu&s;to|med them&s;elves, which was the original of mo&s;t Tyrannies.</HI></P>
<P N="3">3. <HI>That they would appoint a Committee of Parliament-men, to hear, and determine all controver&s;ies between Officers and Officers, Officers and Souldiers: to mitigate the rigour of Martiall Law, and to provide it be not executed upon any, not Members of the Army.</HI></P>
<P N="4">4. <HI>That they will open the Pre&s;&s;es.</HI></P>
<P N="5">5. <HI>That they will di&s;&s;olve this Councel of State, threatning &s;o ma|nife&s;t Tyranny.</HI></P>
<P N="6">6. <HI>That they will &s;everely puni&s;h all &s;uch as acting upon any Or|der, Ordinance, or Act of Parliament, &s;hall exceed the power conferred on them.</HI></P>
<P>After this came forth <HI>a &s;econd part of</HI> Englands <HI>new Chaines di&s;|covered,</HI><NOTE PLACE="marg">125. A &s;econd part of <HI>Englands</HI> New Chains.</NOTE> &s;etting forth the hypocri&s;ie and perfidiou&s;ne&s;&s;e of the Councel of the Army and the Grandees, in cheating all Inte|re&s;ts, King, Parliament, People, Souldiers, City, Agitators, Levellers, <HI>&amp;c.</HI> which tells you, <HI>That the Grandees walk by no principles of Hone&s;ty or Con&s;cience,</HI> but (as meer Polititians) are governed altogether by occa&s;ion as they &s;ee a po&s;&s;ibility of making progre&s;s to their De&s;igns, which cour&s;e of theirs, they ever termed, <HI>A waiting upon Providence,</HI> that under colour of <HI>Religion,</HI> they might deceive the more &s;ecurely. It tells you, their intent is to Garri&s;on all great Towns, to break the &s;pirits of the People with oppre&s;&s;ion and poverty. It farther Declares, that the&s;e Grandees judge them&s;elves loo&s;e, when other men are bound; all Obligations are to them Tran&s;itory and Ceremonial; and that every thing is good and ju&s;t as it conduceth to their Inte|re&s;ts. That the Grandees never intended an Agreement of the People, but onely to amu&s;e that party, while&s;t they ha&s;tily &s;et up a Councell of State to e&s;tabli&s;h their Tyranny, that to prepare the way to this, they broke the Hou&s;e of Commons, took away the Hou&s;e of Lords, removed the King by an extrajudiciall way of proceedings, and erected &s;uch a Court of Ju&s;tice as had no place in the Engli&s;h Government. That the remainder of the Hou&s;e of Commons is become a meer channell through which is con|veyed all the Decrees and Determinations of a private Councell of &s;ome few Officers. All the&s;e, and the Votes, <HI>That the Supreme power is in the people, and the Supreme Authority in the Commons
<PB N="136" REF="176"> their Repre&s;entative,</HI> were onely in order to their Intere&s;ts of <HI>will</HI> and <HI>power.</HI> That they place their &s;ecurity in the <HI>divi&s;ions</HI> of the People. That if the pre&s;ent Hou&s;e of Commons &s;hould never &s;o little cro&s;&s;e the ambition of the&s;e Grandees, they would &s;hew no more mode&s;ty to them then they have done to the excluded Members:<NOTE PLACE="marg">See the Hun|ting of the Foxes, &amp;c. <HI>p.</HI> 6, 7, 8.</NOTE> And &s;o it concludes with a Prote&s;tation again&s;t their breaking the Faith of the Army with all Parties, their di&s;&s;olving the Councel of Agitators, and u&s;urping a power of giving forth the &s;en&s;e of the Army again&s;t the Parliament and People, again&s;t their <HI>&s;hooting to death the Souldier at Ware,</HI><NOTE PLACE="marg">Returne to &s;ect 2. &amp; 5.</NOTE> and their cruelties exerci&s;ed upon other Per&s;ons, to the deba&s;ing of their Spirits, and therby new-moulding the Army to their De&s;ignes: again&s;t their playing fa&s;t and loo&s;e with the King and His Party till they had brought a new and dangerous Warre upon this Nation. They al&s;o prote&s;t again&s;t their di&s;&s;embled Repentances, again&s;t their late extraordinary proceedings in Bringing the Army upon the City, (to the ruine of Trade) their breaking the Hou&s;e of Commons in peices, without charging the Members particular|ly, and then judging and taking away mens lives in an extraordi|nary way, as done for no other end but to make way for their owne ab&s;olute Domination. They al&s;o prote&s;t again&s;t the Ele|ction and e&s;tabli&s;hment of tho&s;e High Courts of Ju&s;tice, as unju&s;t in them&s;elves, and of dangerous precedent in time to come; as likewi&s;e again&s;t the Councel of State, and putting &s;ome of them|&s;elves therin, contrary to their own Agreement. They al&s;o prote&s;t again&s;t all other the like Meetings of tho&s;e Officers, that on Thur&s;day, 2. <HI>Feb.</HI> Voted for &s;o bloody a Law, as to hang whom they &s;hould judge di&s;turbed the Army, as having no power either by &s;uch Councels to give the &s;en&s;e of the Army, or to judge any Per&s;on not of the Army, or to do any thing in reference to the Common-wealth.<NOTE PLACE="marg">126. The Hunting of the Foxes from <HI>Tryplo</HI> and <HI>New-mar|ket</HI> by 5. &s;mall Beagles, <HI>p.</HI> 8.</NOTE></P>
<P>About this time al&s;o became publique a pretty Book, entituled [<HI>The Hunting of the Foxes from New-market and Triploe to White-hall by</HI> 5. <HI>&s;mall Beagles,</HI>] which tells you, That the Gran|dee-Officers of the Army to keep the Souldiers quiet, did for|malize about an Agreement of the People whil&s;t they carried on their platforme of ab&s;olute tyranny (long &s;ince hatched by <HI>Ire|ton</HI>) by erecting <HI>a Councel of State:</HI> no &s;ooner was this mon&s;ter
<PB N="137" REF="176"> born, but it devoured half the Parliament of <HI>England,</HI> and now it is adorned it &s;elf with Regall magnificence, and maje&s;ty of courtly Attendants, and like the 30 Tyrants of <HI>Athens,</HI> to head it &s;elf over the People; this is, and yet this is not our new in|tended King, there is a King to &s;ucceed, this is but his Viceroy. O <HI>Cromwell!</HI> whither art thou a&s;piring? the word is already given out among&s;t their Of<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">cers, <HI>That this Nation mu&s;t have one prime Magi&s;trate or Ruler over them, and that that the Generall hath power to make a Law to bind all the Commons of England:</HI> This was mo&s;t daringly and de&s;perately avowed at <HI>White-hall,</HI> and to this temper the&s;e Court-Officers are now a moulding: He that runs may read and fore-&s;ee a new Regality, thus by their Machivilian pretences and wicked practices, they are become Ma&s;ters and U&s;ur|pers of the name of the Army, and of the name of the Parliament, under which Vi&s;ors they have levelled and de&s;troyed all the Au|thority of this Nation; for, the Parliament indeed and in truth is no Parliament, but a Repre&s;entative Gla&s;s of the Councell of Warre; and the Councell of Warre but a Repre&s;entative of <HI>Cromwell, Ireton,</HI> and <HI>Harri&s;on:</HI> and the&s;e are <HI>the All in All of the Nation,</HI> which under the gui&s;es and names of <HI>Parliament, Army, Generall Councell, High Court,</HI> and <HI>Councell of State,</HI> play all the &s;trange pranks that are played. And further, <HI>p.</HI> 13. The conclave of Officers have &s;ucked in the venome of all former corrupt Courts and Intere&s;ts, the <HI>High Commi&s;sion, Starre-Chamber, the Hou&s;e of Lords, the King and his privy Councell,</HI><NOTE PLACE="marg">The Hou&s;e by Votes, 5. <HI>Dec.</HI> 1648. voted, <HI>the King's Conce&s;|&s;ions a ground, &amp;c.</HI> And the Army &s;ecured a d expelled 250. Members for u&s;ing liber|ty to vote ac|cording to their con&s;cien|ces, and over|ruled tho&s;e few left &s;itting to unvote in a thin Hou&s;e, what was voted in full Hou&s;e; this is more then to u&s;urp a Negative Voice over them: return to &s;ect. 18.23.28.</NOTE> are all alive in that Court called, <HI>The Generall Councell of the Army.</HI> 1. The <HI>King</HI> &s;tood upon it, <HI>That he was accountable to none but God, that He was above the Parliament and People;</HI> and to whom will the&s;e men be accountable? to none on earth: and are they not above the Parliament? they have even a Negative Voice thereover, formerly the Commons could pa&s;s nothing without the Hou&s;e of Lords, and now they dare pa&s;s nothing without the concur|rence of the conclave of Officers: we were formerly ruled by <HI>King, Lords, and Commons;</HI> now by a <HI>Generall, Court Martiall, and Hou&s;e of Commons:</HI> what is the difference? the Lords were
<PB N="138" REF="177"> not Members both of the Hou&s;e of Peers, and of the Hou&s;e of Commons, but the Officers, (our martiall Lords) are Members both in the Hou&s;e, or Councell of Officers, and in the Hou&s;e of Commons, we have not the change of a Kingdom to a Com|mon-wealth; we are onely under the old cheat, <HI>A tran&s;mutation of Names,</HI> but with the addition of <HI>new Tyrannies,</HI> for <HI>ca&s;ting out one unclean Spirit, they have broug<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> with them in his &s;tead &s;even other unclean Spirits more wicked than the former, and they have entered in and dwell there, and the la&s;t &s;tate of this Common-wealth is wor&s;e than the first.</HI> La&s;tly, they &s;et down <HI>&s;ome illegall proceed|ings and Examinations before the Councell of Warre, exceeding the High Commi&s;&s;ion, and Star-Chamber.</HI></P>
<P><NOTE PLACE="marg">127. The Authors cen&s;ure of the Levellers.</NOTE>The&s;e three Books &s;hew the late endeavours of the <HI>Agitators,</HI> and that <HI>party,</HI> which the <HI>Grandees</HI> politickly mi&s;-call (to ca&s;t an <HI>odium</HI> upon them) <HI>Levellers;</HI> they are the true&s;t A&s;&s;ertors of <HI>hu|mane Liberty,</HI> and the mo&s;t con&s;tant and faithfull to their Princi|ples and party of any in the Army, and though they have many redundancies and &s;uperfluous Opinions fit to be pruned off by conver&s;ing with di&s;creet hone&s;t Men, or rather by a di&s;creet and ju&s;t publique Authority, (which I am confident is fea&s;ible, &s;ince <HI>their principles</HI> concenter in the <HI>publique,</HI> not in their own <HI>pri|vate Intere&s;t and Opinions,</HI> and are no other waies changeable than conduceth with the emergent occa&s;ions of the Common-wealth) yet they are but like the water-boughs of a healthy fruit, Tree&punc; rather trouble&s;ome than dangerous, whereas the de&s;igns of their Antagoni&s;ts (like rocks under water, or poy&s;on in well-cooked meat) de&s;troy before they are di&s;covered.</P>
<P><NOTE PLACE="marg"><HI>128. The Authors cen&s;ure of His Maje&s;ties</HI> Po&s;t|humus <HI>work, I entituled,</HI> (The Pourtraicture of His Sacred M<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">|je&s;ty in His S<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">|litudes and Sufferings.)</NOTE>About this time aro&s;e a Phoenix out of <HI>His Maje&s;ties</HI> A&s;hes, that mo&s;t excellent I&s;&s;ue of His Brayn, entituled, [THE POUR|TRAICTURE OF <HI>HIS SACRED MAIESTY</HI> IN HIS SOLITUDES AND SUFFERINGS.] A Book full fraught with <HI>wi&s;dom, Divine and Humane,</HI> &s;hewing Him to be <HI>more then Conquerour</HI> of His Enemies in His rare <HI>Chri&s;tian patience and cha|rity;</HI> the very reading of it <HI>aggravateth our lo&s;s</HI> of &s;o Gracious and excellent a <HI>Prince,</HI> that had learned the whole method of <HI>humane perfection</HI> in the &s;choole <HI>of adver&s;ity. Herod</HI> and his <HI>Jews</HI> never per&s;ecuted <HI>Chri&s;t</HI> in his &s;wadling-clouts with more indu|&s;trious malice, then the Antimonarchicall <HI>Independent Faction,</HI>
<PB N="139" REF="177"> this Book in the Pre&s;&s;es and &s;hops, that &s;hould bring it forth into the world, knowing that as the <HI>remembrance of Heaven &s;trikes a horror into us of Hell,</HI> So <HI>the contemplation of his virtues will teach us to abhorre their vices.</HI></P>
<P><HI>March</HI> 8. 1648.<NOTE PLACE="marg">129. The form of Writs for Elections changed.</NOTE> The Commons a&s;&s;ented to a <HI>new Form</HI> of a Writ for <HI>election of Knights and Burge&s;&s;es for the Parliament.</HI></P>
<P>But three dayes before it was reported to the Hou&s;e from the Councell of State, what number of Hor&s;e and Foot they thought fit to be kept up for the &s;ervice of <HI>England</HI> and <HI>Ireland,</HI><NOTE PLACE="marg">130. A new e&s;ta|bli&s;hment for the Army re|ported to the Hou&s;e from our new Ma|&s;ters the Coun|cell of State.</NOTE> and the Monthly charge, which e&s;timated come to 160000 l. <HI>per men&s;em.</HI> You &s;ee we are likely to finde the&s;e our new Lords &s;uch graci|ous Ma&s;ters to us, that (<HI>as the &s;econd part of Englands new Chains</HI> &s;aith) <HI>We &s;hall have Taxes, though we have neither Trade nor Bread.</HI> In the Earle of <HI>E&s;&s;ex</HI> time (when the Warre was at the highe&s;t) the Monthly Tax came but to 54000 l. a Month, yet had we then &s;even or eight Brigades be&s;ides his Army and Garri&s;ons: but that the Faction of Saints may carry on the work of a thorow Reformation in our pur&s;es, as well as they have done in the Church and Common-wealth, they fir&s;t rai&s;ed the Tax to 60000 l. a Month for <HI>England,</HI> be&s;ides 20000 l. a Month pretended for <HI>Ire|land</HI> (but I believe little of it &s;lips through their &s;anctified fingers to go thither.) And now (to &s;hew they can u&s;e double dealing again&s;t the Ungodly) they would double the &s;umm from 80000 l. to 160000 l. a Month; this is to break our hearts with property, and make them take what impre&s;&s;ions of &s;lavery they plea&s;e to &s;et upon them; this Conventicle of State will engro&s;s all the Coyn and Trea&s;ure of the Land into their own hands, and then &s;ubdue us therewith, and make us (like &s;lavi&s;h <HI>Aegyptians) &s;ell our &s;elves and our Lands for Bread, or money to buy Bread,</HI> when (that in&s;eparable companion of a long warre) <HI>Famine</HI> approch|eth, which their barbarous and illegall <HI>Sequestrations</HI> (un&s;tock|ing mens Farms and laying them wa&s;t) will inevitably bring up|on us; they have more hope to &s;ubdue and le&s;&s;en the number of their Oppo&s;ites <HI>by famine and want, then by the Sword;</HI> in order to which, they have de&s;troyed the Trade of the City, and undone multitudes of Trades-men, who being di&s;abled to pay their Taxes, the Army cau&s;e all their Arrears to be leavied upon the City by a new Tax upon the re&s;t of the Inhabitants and the Out|landlords;
<PB N="140" REF="178"> and when <HI>Cromwell</HI> was told, <HI>this would undo the City,</HI> He an&s;wered, <HI>It was no matter, the more were undone, the more would clap Swords to their &s;ides and come into the Army:</HI> you &s;ee Souldiery is intended to be the chief Trade.</P>
<P><NOTE PLACE="marg">131. An Act for Aboli&s;hing the Kingly Office, &amp;c.</NOTE><HI>March</HI> 17. 1648. The empty Hou&s;e of Commons in farther pro&s;ecution of their &s;aid De&s;ign, and to plea&s;e their Ma&s;ters of the Army, pa&s;&s;ed, printed, and publi&s;hed in the form and &s;tyle of a Statute this Paper following: intituled,
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<HEAD>An Act for the Aboli&s;hing the <HI>Kingly Office</HI> in <HI>England.</HI></HEAD>
<P>WHereas <HI>Charles Stuart</HI> late King of <HI>England, Ireland,</HI> and the Territories and Dominions there|unto belonging, hath by Authority derived from Parlia|ment,<NOTE PLACE="marg">Since by the Law, the Crown cures al defects; how can the King's bloud be at|tainted?</NOTE> been, and is hereby declared to be ju&s;tly condemned, adjudged to die and put to death, for many trea&s;ons, mur|thers, and other hainous offences committed by him, by which Judgement he &s;tood and is hereby declared to be at|tainted of High Trea&s;on, whereby his I&s;&s;ue and Po&s;terity, and all others pretending Title under him, are become unca|pable of the &s;aid Crowns, or of being King or Queen of the &s;aid Kingdom or Dominions, or either or any of them:</P>
<P>Be it therefore Enacted and Ordained, and it is Ena|cted,<NOTE PLACE="marg">We have &s;worn faith and Alleg<GAP DESC="illegible" EXTENT="1 letter">ance to K. <HI>Charls</HI> the Fir&s;t, His law+full Heirs and Succe&s;&s;ors, and our Vow is re|corded in Hea|ven from which no pow|er on earth can ab&s;olve us. See the Oathes of Allegiance, Obedience, and Supremacy. The Statute of Recognition, 1. <HI>Iac.</HI> But the Commons are now Supreme, as in imitation of the Pope to bring this Clau&s; in practi&s;e, <HI>Licet de jure non po&s;&s;umus&punc; tamen pro plenitudine pote&s;tatis no&s;tra volumus, &amp;c.</HI></NOTE> Ordained, and Declared, by this pre&s;ent Parlia|ment, and by Authority thereof, That all the People of <HI>England</HI> and <HI>Ireland,</HI> and the Dominions and Territo|ries thereunto belonging, of what degree or condition &s;o|ever, are di&s;charged of all Fealty, Homage and Allegiance which is or &s;hall be pretended to be due unto any of the I&s;&s;ue and Po&s;terity of the &s;aid late King, or any claiming under him; and that <HI>Charles Stuart</HI> elde&s;t Sonne, and <HI>James</HI> called <HI>Duke of Yorke,</HI> &s;econd Sonne, and all other the
<PB N="141" REF="178"> I&s;&s;ue and Po&s;terity of him the &s;aid late King, and all and every per&s;on and per&s;ons pretending Title from, by or under him, are and be di&s;abled to hold or enjoy the &s;aid Crown of <HI>England</HI> or <HI>Ireland,</HI><NOTE PLACE="marg">All our Laws cut off by the <HI>non ob&s;tante</HI> of an eighth part of the Hou&s;e of Commons &s;itting under a force. After almo&s;t 1000 years ex|perience it is now found to be dangerous. The Engli&s;h were never one half-quarter &s;o much en&s;laved &s;ince <HI>William</HI> the <HI>Conquerour</HI> &s;ubdued them, as they have been &s;ince <HI>Oli|ver</HI> the Brewer &s;ubjugated them.</NOTE> and other the Dominions thereun|to belonging, or any of them, or to have the Name, Title, Stile, or Dignity of King or Queen of <HI>England</HI> and <HI>Ireland,</HI> Prince of <HI>Wales,</HI> or any of them; or to have and enjoy the power and Dominion of the &s;aid Kingdoms and Dominions, or any of them, or the Honours, Manors, Lands, Tenements, po&s;se&s;sions, and Hereditaments belonging or appertaining to the &s;aid Crown of <HI>England</HI> and <HI>Ireland,</HI> and other the Dominions afore&s;aid, or to any of them, or to the Principa|lity of <HI>Wales,</HI> Dutchy of <HI>Lanca&s;ter</HI> or <HI>Cornwal,</HI> or any or either of them, Any Law, Statute, Ordinance, &V;&s;age, or Cu&s;tome to the contrary hereof in any wi&s;e notwith&s;tand|ing: And whereas it is and hath been found by experi|ence, that the Office of a King in this Nation and <HI>Ireland,</HI> and to have the power thereof in any &s;ingle Per&s;on is un|nece&s;sary, burthen&s;ome and dangerous to the liberty, &s;afety, and publike intere&s;t of the people, and that for the mo&s;t part, u&s;e hath been made of the Regal power and preroga|tive, to oppre&s;s, impoveri&s;h, and en&s;lave the Subject; and that u&s;ually and naturally any one per&s;on in &s;uch power, makes it his intere&s;t to incroach upon the ju&s;t freedom and liberty of the people, and to promote the &s;etting up of their own will and power above the Laws, that &s;o they might en&s;lave the&s;e Kingdoms to their own Lu&s;t:<NOTE N="*" PLACE="marg">But in a Councel of State of forty Tyrants &s;itting under the pro|tection and awe of <HI>Oliver.</HI></NOTE> Be it there|fore Enacted and Ordained by this pre&s;ent Parliament, and by Authority of the &s;ame, That the Office of a <HI>King</HI> in this Nation, &s;hall not henceforth re&s;ide in, or be exerci&s;ed <HI>by any one &s;ingle Per&s;on;</HI> and that no one per&s;on what&s;oever, &s;hall or may have, or hold the Office, Stile, Dignity, Power or Authority of <HI>King</HI> of the &s;aid Kingdoms and Domini|ons,
<PB N="142" REF="179"> or any of them, or of the <HI>Prince of Wales,</HI> Any Law, Statute, &V;&s;age, or Cu&s;tome to the contrary thereof in any wi&s;e notwith&s;tanding. And it is hereby Enacted, That if any per&s;on or per&s;ons &s;hall endeavour to attempt by force of Armes, or otherwi&s;e, or be aiding, a&s;si&s;ting, c<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">mforting, or abetting, unto any per&s;on or per&s;ons that &s;hall by any wayes or means what&s;oever, endeavour or attempt the reviving or &s;etting up again of any pretended Right of the &s;aid <HI>Charles,</HI> elde&s;t Son to the &s;aid late King, <HI>James</HI> called <HI>Duke of York,</HI> or of any other the I&s;&s;ue and Po&s;terity of the &s;aid late <HI>King,</HI> or of any per&s;on or per&s;ons claiming un|der him or them, to the &s;aid Regal Office, Stile, Dignity, or Authority, or to be Prince of <HI>Wales;</HI> or the promoting of any one per&s;on what&s;oever, to the Name, Stile, Dignity, Power, Prerogative or Authority of King of <HI>England</HI> and <HI>Ireland,</HI> and Dominions afore&s;aid, or any of them: That then every &s;uch offence &s;hall be deemed and adjudged <HI>High-Trea&s;on,</HI><NOTE PLACE="marg">High Trea&s;on is what the&s;e Legi&s;|lative Thieves li&s;t to make it, an Arbitary crime, notwith&s;tanding the Stat. 25 Ed. 3. for limiting and a&s;certaining of Trea&s;ons, for &s;ecurity of the people. <HI>Tiberius</HI> and <HI>Nero's</HI> days are fallen upon us; Of which <HI>Tacitus, Ingens crimen divitiae; &amp; complementum omnium accu&s;ati|onum lae&s;a maje|&s;tas.</HI></NOTE> and the Offenders therein, their Coun&s;ellors, Pro|curers, Aiders and Abettors, being convicted of the &s;aid offence, or any of them, &s;hall be deemed and adjudged Tray|tors again&s;t the Parliament and People of <HI>England,</HI> and &s;hall &s;uffer, lo&s;e and forfeit, and have &s;uch like and the &s;ame pains, forfeitures, judgements and execution, as is u&s;ed in ca&s;e of High Trea&s;on: And whereas by the abolition of the Kingly Office provided for in this Act, a mo&s;t happy way is made for this Nation (if God &s;ee it good) to return to its ju&s;t and antient right <HI>of being Governed by its own Repre&s;entatives or National meetings in Councel</HI><NOTE N="*" PLACE="marg">When was <HI>England</HI> governed by their own Repre&s;entative? or had any other regliment then Kings? But what the Legi&s;lative Conventicle declares, we mu&s;t believe, though contrary to our knowledge. They will lead our Faith and Rea&s;on in a &s;tring, or have our necks in a halter. A period to this Parliament, and leave the Supream power in the Councel of State, a de&s;ign long &s;ince attempted. See Fir&s;t and Second Part of <HI>Englands New Chains,</HI> and the <HI>Hunting of the Foxes.</HI> No obedience is due by Law to them, which takes no notice of this form of Government.</NOTE>, from time to time cho&s;en and entru&s;ted for that purpo&s;e by
<PB N="143" REF="179"> the People; It is therefore Re&s;olved and Declared by the Commons a&s;&s;embled in Parliament, that they will put a <HI>pe|riod to the &s;itting of this pre&s;ent Parliament,</HI> and di&s;&s;olve the &s;ame &s;o &s;oon as may po&s;sibly &s;tand with the &s;afety of the people that hath betru&s;ted them, and with what is ab&s;olutely nece&s;&s;ary for the pre&s;erving and upholding the Govern|ment now &s;etled in the way of a Common-wealth, and that they will carefully provide for the certain chu&s;ing, meeting, and &s;itting of the next and future Repre&s;entatives, with &s;uch other circum&s;tances of freedom in choice and equality in di&s;tribution of Members to be elected thereunto, as &s;hall mo&s;t conduce to the la&s;ting freedom and good of this Com|mon-wealth: And it is hereby further Enacted and De|clared, notwith&s;tanding any thing contained in this Act, no per&s;on or per&s;ons of what condition and quality &s;oever, within the Common-wealth of <HI>England</HI> and <HI>Ireland,</HI> Domi|nion of <HI>Wales,</HI> the I&s;lands of <HI>Guern&s;ey,</HI> and <HI>Jer&s;ey</HI> and Town of <HI>Berwick</HI> upon <HI>Tweed,</HI> &s;hall be <HI>di&s;charged from the obedience and &s;ubjection</HI> which he and they owe to the Government of this Nation, as it is now Declared, but all and every of them &s;hall in all things render and perform the &s;ame, as of right is due unto the Supreme Authority hereby declared to re&s;ide in this and the &s;ucce&s;sive Repre&s;en|tatives of the People of this Nation, and in them onely.<NOTE PLACE="marg">132. An Act for a|boli&s;hing the Hou&s;e of Peers. More New lights, new di&s;|coveries made by forty or fif|ty <HI>Ignis &s;atui,</HI> gro&s;s fiery Me|teors remain|ing in the Hou&s;e of Commons.</NOTE></P>
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<P>About the &s;ame time they pa&s;&s;ed another Act, for Aboli&s;h|ing the Hou&s;e of Peers, to this purpo&s;e.</P>
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<P>THe Commons of <HI>England</HI> a&s;&s;embled in Parliam nt, finding by too long experience that the Hou&s;e of Lords is u&s;ele&s;s and dan|gerous to the People of <HI>England</HI> to be continued, have thought fit to Ordain and Enact, and be it Ordained and Enacted by this pre&s;ent Parliament, and by the Authority of the &s;ame, That from henceforth the Hou&s;e of Lords in Parliament &s;hall be, and is hereby wholly aboli&s;hed and taken away, and that the Lords &s;hall not from henceforth meet, or &s;it in the &s;aid Hou&s;e called the <HI>Lords Hou&s;e,</HI> or i<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> any other Hou&s;e or place what&s;oever, as a Hou&s;e of Lords, nor &s;hall &s;it, vote,
<PB N="144" REF="180"> advi&s;e, adjudge, or determine of any matter or thing what&s;oever, as a Hou&s;e of Lords in Parliament. Neverthele&s;s it is hereby Declared, That neither &s;uch Lords as have demeaned them&s;elves with honour, courage, Fidelity to the Common wealth, nor their Posterities who &s;hall &s;o continue, &s;hall be excluded from the publike Councels of the Na|tion, but &s;hall be admitted thereunto, and have their free Vote in Par|liament if they &s;hall be thereunto elected, as other per&s;ons of Intere&s;t elected and qualified thereunto ought to have: And be it further Or|dained and Enacted by the Authority afore&s;aid, that no Peer of this Land not being elected, qualified, and &s;itting in Parliament, as afore|&s;aid, &s;hall claim, have, or make u&s;e of any Priviledge of Parliament, either in relation to his per&s;on, quality or e&s;tate, any Laws, &V;&s;age, or Cu&s;tome to the contrary notwith&s;tanding.</P>
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<P>And to le&s;&s;en the amazement of the People, the &s;ame day they pa&s;&s;ed and ordered to be printed,<NOTE N="*" PLACE="marg">133. A Declaration of the Commons, to &s;hew the Rea|&s;ons of their &s;aid proceedings. The State is Free, but the people Slaves; as a Galley is free, but the Rowers Slaves; 1 part. 72, 73. See the&s;e Books, (<HI>A full An&s;wer to an Infamous Pamphlet, Inti|tuled, A Declara|tion of the Com|mons of</HI> Eng|land.) <HI>[The Charge again&s;t the King di&s;charged.] (The Royal and Royali&s;ts Plea.) (King</HI> Charles <HI>vindicated,</HI> &amp;c.) And his Maje&s;ties la&s;t Book, or <HI>Pourtraicture,</HI> and <HI>His Maj. Graci|ous Me&s;&s;ages for Peace.</HI></NOTE> a Book called, <HI>[A Decla|ration of the Parliament of</HI> England, <HI>expre&s;sing the grounds of their late proceedings, and of &s;etling the pre&s;ent Government in the way of a Free State:]</HI> when they formerly pa&s;&s;ed the 4. Votes for <HI>no more Addre&s;ses,</HI> to our late King, they &s;econded it with a Decla|ration, <HI>to &s;hew the Rea&s;ons of tho&s;e Votes,</HI> wherein they &s;et forth no new matter but what they had formerly in parcels objected a|gain&s;t Him; and yet they have &s;ince that time made Addre&s;&s;es to <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">im, and both taken and cau&s;ed others to take the Oaths of Al|legiance and Supremacy, and the Prote&s;tation &amp; Covenant <HI>to de|fend his per&s;on and Authority,</HI> &amp;c. And in this Declaration there is no new Objection of moment, but what is contained in the for|mer Declarations again&s;t Him, and as I looked upon the fir&s;t De|claration as a <HI>Prologue,</HI> &s;o I look upon this <HI>la&s;t</HI> as the <HI>Epilogue</HI> to His <HI>Majesties Tragedy.</HI> The whole matter of charge in both of them hath been &s;ufficiently an&s;wered in &s;everal Books, and ei|ther confuted or ju&s;tified, to which I refer the Reader, whom I will only trouble with &s;ome few &s;hort Ob&s;ervations of my own upon it: (<HI>p.</HI> 5.) The Parliament (in imitation of their Ma&s;ters, the Councel of Officers) pretend <HI>a nece&s;sity to change the fundamen|tal Government into a Free-State, to prevent Tyranny, Inju&s;tice, and War,</HI> &amp;c. (I doubt rather to promote them.) It affirmeth, (<HI>p.</HI> 15, 16.) <HI>That Offices of Inheritance are forfeited by Breach of
<PB N="145" REF="180"> Tru&s;t,</HI> (a condition annexed to every Office) and &s;eems to imply as much of <HI>the Kingly Office:</HI> but this Pen-man had forgot, that by the Law <HI>the Crown takes away all defects,</HI> and <HI>the King being Supreme Head and Governour over all Per&s;ons, and in all Cau&s;es,</HI> it were ab&s;urd to make Him accountable to any Authority; for in &s;uch ca&s;e that Authority would be Supreme to Him, and &s;o erect two Supremes one jarring and interferring with the other, which in Law and Policy is as ab&s;urd as to &s;uppo&s;e two Almighties or Infinities in Divinity, which cannot be, for that one Infinity would terminate another: <HI>Impo&s;sibile e&s;&s;e plura Infinite,</HI><NOTE PLACE="marg"><HI>See</HI> Greg: Th<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">|lo&s;anus. l. pol. <HI>1.</HI> Keckerin: Si&s;te|ma pol. l. <HI>1.</HI> Cone|zenii. l. politic. <HI>1.</HI> &agrave; c. <HI>17</HI> ad. c. <HI>25. and many good Authors quo|ted by him.</HI> Moecenalis ora|tionem ad Au|gu&s;tum, apud Dionem Ca&s;sium.</NOTE> <HI>quoniam al|terum e&s;&s;et in altero finitum,</HI> &s;aith <HI>Cu&s;anus. (pag.</HI> 16.) The Declarers play the Orators in behalf of the felicity of Government by <HI>Free-States,</HI> rather than <HI>by Kings and Princes.</HI> This is a &s;pacious field to walk in, I will onely cite &s;ome learned Authors living in Re|publiques of a contrary opinion, and &s;end my Readers to them for their Arguments. It applauds the <HI>pro&s;peritie</HI> and <HI>good Govern|ment</HI> of the <HI>Switz:</HI> which (I think was never comm<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">nded be|fore) a gro&s;s-witted People, living in a confu&s;ed way of Go|vernment, where virtue and indu&s;try find no reward, the Rich become a daily prey to the poor, and their popular Tribunes, who uphold their credits by calumniating the wealthy, and con|fi&s;cating [or &s;eque&s;tring] their E&s;tates, the be&s;t wealth of this Na|tion is Pen&s;ions from Neighbour Princes, to whom they let their Bloud to Hire, and become Mercenaries many times to the ex|tream dammage and (if their Country were worth &s;ubduing) danger of the State. For <HI>Venice,</HI> it is <HI>an Ari&s;tocracie</HI> (if not <HI>Oligar|chy</HI>) of many <HI>petty Kings,</HI> &s;o burden&s;ome to all their Subjects upon <HI>Terra firma,</HI> that they dare not tru&s;t them without <HI>Citadels</HI> to keep them under; they never confide in any of their number or Natives to be Commander in Chief of their Land Forces) fearing to be tyrannized over by a <HI>Cromwell,</HI> or an <HI>Ireton,</HI> or by &s;ome property &s;ubordinate to them in all but Title. The <HI>Morlachy,</HI> and many Inhabitants of <HI>Dalmatia,</HI> and <HI>Candia,</HI> have lately pre|ferred the <HI>Turki&s;h Government</HI> before theirs. As for the <HI>Low-Countries,</HI> (their neere&s;t example) peru&s;e <HI>Bernavelt's Apologie,</HI> and many good Hi&s;tories. For <HI>Rome,</HI> from their <HI>Regifugium,</HI> they were never free from Civill Warres, cece&s;&s;ious Tumults, and changes of Government, fir&s;t to Patrician Con&s;uls, <HI>Regia pote|state;</HI>
<PB N="146" REF="181"> then to promi&s;cuous Con&s;uls (<HI>Plebeyans</HI> as well as <HI>Patri|tians</HI>) with popular Tribunes to controule them (then to <HI>De|cemviri legibus Scribendis;</HI> then to <HI>Tribuni militares con&s;ulari po|te&s;tate,</HI> Dictators upon all &s;peciall occa&s;ions, &s;ometimes an <HI>Ari|&s;tocracy,</HI> &s;ometimes a <HI>Democracie,</HI> between two Factions <HI>Patritian</HI> and <HI>Plebeyan.</HI> And never could that unhappy Idoll of the mul|titude <HI>[Libertie]</HI> find any time of &s;etled re&s;t and Government untill their giddy Republique was overthrown by <HI>Julius Cae&s;ar,</HI> and turned into a <HI>Monarchie</HI> by <HI>Augustus,</HI> which approved <HI>Cra|tippus</HI> &s;aying, <HI>Vitio&s;um Reipub: &s;tatum exigere Monarchiam;</HI> and then (and not till then) <HI>Rome</HI> came to his height of Glory,<NOTE PLACE="marg">See &s;ome Au|thorities cited <HI>verbatim</HI> in the fir&s;t Page.</NOTE> and Dominion, and continued &s;o a long time, &s;ometimes empayred by the vices of &s;ome Emperors, and &s;ometimes repayred by the virtues of others: he that reads <HI>Livy</HI> and <HI>Tully's</HI> Orations, with many other Authors, &s;hall find how infinite corrupt the People were, both in making and executing Laws, in di&s;pen&s;ing Ju&s;tice both Di&s;tributive, and Commutative; what Complaints, that their <HI>comitia</HI> were <HI>venalia;</HI> what Bulwarks they were fain to erect again&s;t the ambition and covetou&s;ne&s;s of their Great men; <HI>Leges Ambitus, leges Repetundarum peculatus;</HI> all to no purpo&s;e: the great abu&s;e of Solicitors and Undertakers in every <HI>Trybe&s;to contracte,</HI> for &s;uffrages; the Dome&s;tick u&s;e of their <HI>Nomenclators,</HI> their Prehen&s;ations, Invitations, Client &s;hips; their ki&s;&s;ings and &s;haking hands (even from the greate&s;t Per&s;onages) pro&s;ti|tuted to every Cobler and Tinker; their co&s;tly publique Shews and &s;pectacles to woe the Rabble; he that reads ob&s;ervingly &s;hall find that <HI>ambition</HI> and <HI>covetou&s;ne&s;s</HI> (nur&s;es of all corrupti|on) were the be&s;t part of the wi&s;dom and indu&s;try of that <HI>Re|publique</HI> untill it came to be <HI>a Monarchie,</HI> and &s;hall farther find, that tho&s;e corrupt manners and cu&s;toms which the People (from the highe&s;t to the lowe&s;t) had contracted during the &s;everall li|centious Alterations of their Common-wealth, from one form of Republique to another: were (like a &s;econd nature) not to be corrected by the better di&s;cipline of <HI>a Monarchie,</HI> and (at la&s;t) occa&s;ioned the ruine of that <HI>Monarchie,</HI> together with the de&s;ola|tion of that Nation, which &s;hews, <HI>that Monarchie</HI> (with which their Nation began) <HI>was their naturall and genuine Government,</HI> when it could not be taken away <HI>&s;ine interitu &s;ubjecti,</HI> without
<PB N="147" REF="181"> the ruine of the whole &s;ubject matter. (<HI>p.</HI> 11.) It is &s;aid, <HI>It hath been latelie computed, that the Court purveyances</HI> (notwith&s;tanding many good Laws to the contrary) <HI>co&s;t the Countrie more in one year, than their A&s;&s;e&s;ments to the Army;</HI> what? above 100000 l. a month, when the charge of the KING'S Hou&s;e-keeping came but to 50000 l. a year: (I &s;peak not of Wages and Pen&s;ions) I know not who &s;hould make this computation, unle&s;s old Sir <HI>Hen. Vane,</HI> and his Man <HI>Cornelius Holland,</HI> (the latter of which was turned out of his Office in <HI>the Green-cloth</HI> for abu&s;ing this Place) not in who&s;e time of employment (unle&s;s their own) &s;uch pro|digious abu&s;es &s;hould happen. (<HI>p.</HI> 19.) It is &s;aid,<NOTE PLACE="marg">The Kings Re|venue by a <HI>me|dium</HI> of 7 years was yearly 700000 l. </NOTE> <HI>The legall and ju&s;tifiable Revenue of the Crown fell &s;hort of</HI> 100000 l. <HI>per annum:</HI> I perceive this is all the Account the Common-wealth is likely to have from the Committee of the Kings, Queens, and Princes Revenue, nor do I know what a pruning-hook that phra&s;e <HI>(legall Revenue)</HI> may prove: But I conceived all that Q. <HI>Eliza|beth,</HI> the Kings Father and Him&s;elf received, had been His Reve|nue <HI>de jure;</HI> I am &s;ure it was <HI>de facto,</HI> and the Parliament in their Declarations promi&s;ed, <HI>to &s;ettle a better Revenue upon Him than any of His Ance&s;tors enjoyed:</HI> neither did this, nor any former Par|liament complain, <HI>that His Pur&s;e was grown too full, or His Re|venue too ful&s;ome:</HI> and if the Committe of the Revenues had enjoyed no more but their own legal and ju&s;tifiable Revenue, &s;o many of the KING'S Servants and Creditors had not &s;tarved for want of their own. (<HI>p.</HI> 19.) They very much aggravate <HI>Mo|nopolies, Patente,</HI> and <HI>Projects:</HI> I wonder they &s;uffer &s;o many Men guilty in that kind to &s;it in their Hou&s;e, old Sir <HI>Henry Vane,</HI> Sir <HI>Henry Myldmay,</HI> Sir <HI>John Hyp&s;ley, Cornelius Holland, Lau|rence Whytakers, &amp;c. (p.</HI> 20.<NOTE PLACE="marg">2 Part of <HI>Eng|lands</HI> New Chains di&s;co|vered, &amp;c and the Hunting the Foxes re|turn to &s;. 127.</NOTE>) They &s;peak again&s;t <HI>the Lords Ne|gative Voice,</HI> but not a word again&s;t the Councell of Warres Ne|gative Voice, who march up in ho&s;tile manner again&s;t Parliament and City, and &s;ecure, &s;eclude, and drive away 250 Members at one time, if they vote any thing contrary to their Intere&s;t. They &s;peak likewi&s;e again&s;t <HI>the Lords Judiciall power over Commoners,</HI> but have forgot what unju&s;t and illegal u&s;e them&s;elves attempted to make of the Lords juri&s;diction again&s;t the 11 impeached Mem|bers, the 4 Aldermen, and Citizens. (<HI>p.</HI> 21.<NOTE PLACE="marg">1 Part. &s;ect. 45. 46, 47, 48, 49, 50, 51, 52, 53, 54.</NOTE>) They excu&s;e their receding from their Declaration of <HI>April,</HI> 1646. (they might
<PB N="148" REF="182"> have minded you of a Vote of a later Date, had it made for their turn) <HI>for Governing the Kingdom by King, Lords, and Commons.</HI> To this it is &s;aid, <HI>the King nor Lords could take no advantage there|of being a contract they never con&s;ented unto,</HI> indeed it was never pre&s;ented to them; but I &s;hall ask whether the people may not take advantage thereof? for who&s;e &s;atisfaction this was Decla|red, (a generall grudge being then among&s;t them) <HI>that the Parlia|ment and Army would &s;ubvert the ancient Fundamentall Govern|ment, (p.</HI> 22, 23.) They an&s;wer an Objection, <HI>that the&s;e great matters ought to be determined in a full Hou&s;e, not when many Mem|bers are excluded by force, and the priviledges &s;o highly broker, and tho&s;e who are permitted to &s;it, do act under a force.</HI> To this is an&s;we|red (how truly let any man that hath read our Hi&s;tories tell) That few Parliaments have acted but &s;ome force or other hath been upon them, (I wonder they did not argue thus for the &s;illy <HI>Tumult of Apprentices</HI>) for Breach of Priviledges of Parlia|ment. They An&s;wer, <HI>It will not be charged upon the remaining par|ty, or to have been within their power to prevent it, or repair it,</HI> (to this I reply, that it is doubted the remaining party (being the Army party) contrived it in their <HI>Junto</HI> at <HI>Somer&s;et-hou&s;e:</HI> for (<HI>p.</HI> 23.) it is acknowledged, <HI>they called and appointed the Army for their Guard,</HI> which was not openly done by a full Hou&s;e: it mu&s;t be therefore &s;ecretly done by a party. See many Rea&s;ons for this con|jecture before Sect. 24. Farther they &s;ay, <HI>That the &s;afety of the King|dom ought to be preferred before priviledge of Parliament; and that if their Hou&s;e had declined their dutie (viz:</HI> by not Acting) <HI>they had re&s;igned up all to ruine and confu&s;ion:</HI> from whence &s;hould this ruine and confu&s;ion come, but from their own Army, which they perpetuate to eat up the Kingdom; and continue their own <HI>power and profit?</HI> and I wonder they did not u&s;e the &s;ame mo|deration after that childi&s;h Tumult of Apprentices, but <HI>Decla|red all Acts,</HI> &amp;c. <HI>pa&s;sed from</HI> 26. <HI>July</HI> (which day the Tumult began and ended) <HI>to the</HI> 6. <HI>Augu&s;t, null and void.</HI> And endeavoured to make the very &s;itting of the Members and the Citizens obeying to the &s;aid Orders (though no Judges of the force) <HI>Trea&s;onable:</HI> they deny they &s;it now under a force, the Army being their be&s;t friends, called by them <HI>for their &s;afety.</HI> Indeed it is generally thought the Army and this remnant of the Hou&s;e of Commons,
<PB N="149" REF="182"> are as good Friends and Brethren as <HI>Simeon</HI> and <HI>Levi, Pilate</HI> and <HI>Herod</HI> were; and were called to &s;ecure the Members and purge the Hou&s;e: yet if the remaining party &s;hould Vote contrary to the Dictates of the Councell of War, <HI>Quaere,</HI><NOTE PLACE="marg">2 Part of <HI>Eng|lands</HI> New Chains, and the Hunting the Foxes, &amp;c.</NOTE> Whether they will not be u&s;ed as uncivilly as the &s;ecured Members? nay wor&s;e, by being called to account, for cou&s;ening the State (<HI>p.</HI> 24.) They &s;ay, <HI>There is a cleer con&s;i&s;tencie of our Laws with the pre&s;ent Go|vernment of a Republique.</HI> I de&s;ire to know who by our Law can <HI>call</HI> or <HI>bold a Parliament</HI> but <HI>the</HI> KING? who is, <HI>Principium, Ca|put, &amp; Finis Parliamenti?</HI> who is the fountain of Ju&s;tice, Honour, Peace, when we have no King? who is Con&s;ervator of the Laws and Protector of the people? where is the Supreme Au|thority? to Vote it (in their own ca&s;e) to be in a Repre&s;entative of 50 or 60 Commons, without legall proofs or precedents is to lead Mens rea&s;on captive, as well as their Per&s;ons and E&s;tates, (to impo&s;e an implicite faith upon Man, not to u&s;e di&s;cour&s;e and rea&s;on again&s;t their Votes is to take Man out of Man, to deny him his definition, <HI>Animal rationale</HI>) to whom doth the Subject owe Allegiance? and where is the Maje&s;ty of <HI>England</HI> when there is no King? for all Trea&s;on is, <HI>Crimen lae&s;ae maje&s;tatis, contra debitam ligeanciam.</HI> Therefore where (by the known Laws) no Allegiance is, there is no Trea&s;on. La&s;tly, if our pre&s;ent Laws be &s;o con&s;i&s;tent with the Republique, I de&s;ire to know why they did not Trie the 4 Lords legally at the Common Law by their Peers, and Sir <HI>John Owen</HI> by a Jury of 12 Men of the Neigh|bourhood, according to <HI>Magna Charta,</HI> and other good Laws? but were faine to put a Legi&s;lative Trick upon them, and erect &s;uch a Court for the Triall of them as was never heard of in <HI>England</HI> before, nor hath no place in our Government. They conclude (<HI>p.</HI> 26.) <HI>That as they have not intermedled with the affairs and Government of other States, &s;o</HI> (they hope) <HI>none will inter|meddle with them:</HI> This a&s;&s;ertion is as true as the re&s;t, it being well known, that for about 3. years la&s;t pa&s;s'd they have boa&s;ted, That they have many Agents in <HI>France,</HI> who under colour of Merchandi&s;e, vent Antimonarchicall and Anarchicall Tenents, and &s;ow &s;eeds of Popular Liberty among&s;t the poor Pea&s;ants, and Huguenots of <HI>France,</HI> which they brag pro&s;pered well there, their very declared principles and doctrine of their Pulpits and Army
<PB N="150" REF="183"> are, <HI>That they mu&s;t break the powers of the Earth in pieces.</HI> Monar|chy mu&s;t down all the world over, fir&s;t in <HI>England,</HI> then this Ar|my mu&s;t put over and manumit the Pea&s;ants of <HI>France,</HI> the Boore of <HI>Germany,</HI> &amp;c. And divers of this party have reported, <HI>That they have &s;upplied the Revolters of</HI> France <HI>with money;</HI> their Licenced News-Books are full of this Doctrine, and of many Invectives again&s;t the Tyranny of the French King.</P>
<P><NOTE PLACE="marg">134. <HI>Harry Martin's</HI> Judgement of the King and Kingly Go|vernment.</NOTE>Such were their proceedings again&s;t the <HI>King,</HI> or rather again&s;t <HI>Kingly Government,</HI> which was cut off by the &s;ame Axe that mur|thered the King, and was (indeed) fir&s;t in their intention, though la&s;t in execution; as appeareth by <HI>Harry Martin's</HI> Speech in the Hou&s;e upon the Debate, <HI>Whether a King, or no King? That if they mu&s;t have a King, he had rather have had the la&s;t than any Gentle|man in</HI> England? he found no fault in <HI>His per&s;on,</HI> but in <HI>his Office.</HI></P>
<P><NOTE PLACE="marg">135. The Councel of Officers en|deavour to joyn Intere&s;t with the Pa|pi&s;ts in <HI>England</HI> and <HI>Ireland.</HI></NOTE>The King had offended the Papi&s;ts in the la&s;t Treaty, by granting &s;o much to the Parliament for their &s;uppre&s;&s;ion: The Independents perceiving it, and willing to joyn with any Inte|re&s;t to make good their de&s;ign. It was propo&s;ed at the Coun|cel of Officers, <HI>That the Papi&s;ts &s;hould rai&s;e and pay about</HI> 10000 <HI>Additional Forces for this Army, in recompence whereof, all penal Laws concerning them &s;hould be repealed, all Taxes and Contributions ta|ken off, and they to have the protection of this Parliament and Army.</HI> Under the &s;ame notion they endeavoured to joyn Intere&s;ts with <HI>Owen Roe Oneale,</HI><NOTE PLACE="marg">Owen Roe Oneale.</NOTE> that commanded the bloody party of ma&s;&s;acring Iri&s;h (with which they had formerly taxed the King) they &s;upplied him with Ammunition, and admitted <HI>O Rea|ly,</HI><NOTE PLACE="marg">The Popes <HI>Nuntio.</HI></NOTE> the Popes Iri&s;h <HI>Nuntio</HI> to a Treaty here in <HI>England,</HI> Sir <HI>John Winter</HI> was taken into imploiment, and the Arrears of his Rents gathered for him by Souldiers, to the regret of the Coun|trey. Sir <HI>Kenelme Digbie</HI> had a pa&s;s to come into <HI>England,</HI> and came, as was foretold by a Letter from an Independent Agent for the Army, from <HI>Paris</HI> to an Independent Member of the Hou&s;e of Commons, a creature of the Army, bearing date, 28. <HI>Nov.</HI> 1648. and printed at the latter end of <HI>[The true and full Relation of the Of|ficers and Armies forcible &s;eizing of divers eminent Members,</HI> &amp;c. <HI>Walter Mountague</HI> let forth upon Bail; what becomes of this Ne|gotiation? and whether tho&s;e that have played fa&s;t and loo&s;e
<PB N="151" REF="183"> with all Intere&s;ts in the Kingdom, have not done the like with the Papi&s;ts? I cannot yet learn.</P>
<P>This Winter,<NOTE PLACE="marg">136. Scarcity of Coals how oc|ca&s;ioned, and why?</NOTE> Coals (as well as other things) had been at ex|ce&s;&s;ive rates in the City, whereby many poor peri&s;hed with cold and hunger; what the rea&s;on thereof was (be&s;ides unrea&s;onable Taxes, Exci&s;e, and Souldiers quartering in and neer the City) was diver&s;ly di&s;puted: mo&s;t men imputed the blame to Sir <HI>Ar|thur Ha&s;lerigge</HI> Governour of <HI>Newcastle,</HI> who (without any pub|lique Authority) pre&s;umed to lay on a Tax of 4 s. a Chaldron upon the Coals there; which is e&s;timated to amount to 50000 <HI>l.</HI> a year; what u&s;e that Money was put to was as variou&s;ly whi&s;|pered: as likewi&s;e what de&s;ign they had in bringing &s;o pinch|ing a want upon the City? &s;ome &s;aid, it was to inforce the poor|er &s;ort into Tumults, and then to charge the wealthier &s;ort with the crime, and en&s;nare them; others &s;aid, it was to ca&s;t an <HI>odium</HI> upon the PRINCE, as if His Ships had kept in the Colliers.</P>
<P>The 23. <HI>March</HI> 1648. The Commons ordered,<NOTE PLACE="marg">137. The Lo. Major ordered to pro|claim in per|&s;on the Act for aboli&s;hing the Kingly Office, and puni&s;hed for neglect.</NOTE> <HI>That the Lord Major of</HI> London <HI>in per&s;on be required to publi&s;h and proclaim in the City the afore&s;aid Act for di&s;&s;olving Kingly Government: and to give an account thereof to the Hou&s;e.</HI> The Major refu&s;ing this &s;ervice, was by the Commons called to the Bar, fined 2000 l. committed pri&s;oner to the Tower, and outed of his Majoralty; and Alder|man <HI>Andrews</HI> (a man after their own heart) cho&s;en by a few Schi&s;maticks in his place.</P>
<P><HI>Ordered by the Commons</HI> (upon a report from the Councel of State) <HI>that Commi&s;sioners he appointed to make Sale of the Kings,</HI><NOTE PLACE="marg">138. The Kings, Queens, and Princes per&s;o|nal E&s;tate or|dered to be &s;old.</NOTE> <HI>Queens, and Princes per&s;onal estate, upon Inventorie and Appri&s;al, for &s;atisfaction of all ju&s;t Debts due to well-affected per&s;ons (Viz.</HI> Men of their Faction) <HI>in this Nation, before the beginning of the&s;e Wars: But fir&s;t</HI> 30000<HI> l. to be taken out of it for the u&s;e of this Summers Fleet, and that it be referred back to the</HI> 40 Hogen Mogens, or <HI>Councel of State to con&s;ider what they think fit to be &s;old, and what they think fit to keep and re&s;erve for the u&s;e and furniture of them and their Attendants.</HI> Ob&s;erve, that by that time this gulph is &s;topped, the whole re|mainder to be &s;old for payment of Debts afore&s;aid, may be writ|ten with a Cypher.<NOTE PLACE="marg">139. Crown Lands &s;har'd among&s;t the Godly.</NOTE></P>
<P>I hear the Hou&s;e hath given away the Kings Hou&s;e, Parks and Honour of <HI>Eltham</HI> to Sergeant <HI>Brad&s;haw,</HI> their <HI>quondam</HI> Pre|&s;ident.
<PB N="152" REF="184"> <HI>Greenwich</HI> to <HI>Bul&s;trode Whitlock.</HI> The Lions Skin is now dividing among&s;t the party. Thus have they killed and taken po&s;&s;e&s;&s;ion: and the Kings Revenue hath proved as ominous to Him as <HI>Naboth's</HI> Vineyard was to his Ma&s;ter.</P>
<P><NOTE PLACE="marg">140. Another Re|port for an e|&s;tabli&s;hment for the Army. Diu<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">nal, <HI>Mar.</HI> 30, 31. 1649.</NOTE>This day another Report was made to the Hou&s;e from the Committee of the Army of the particular &s;ums to be Monthly levied in each County, to make up the whole &s;um of 90000 l. Monthly for the Armies of <HI>England</HI> and <HI>Ireland,</HI> be&s;ides 20000 l. <HI>per men&s;.</HI> out of Fee-farm Rents.</P>
<P>28 <HI>March</HI> 1649. The Commons in pur&s;uit of the advice given them by Mon&s;ieur <HI>Paw,</HI><NOTE PLACE="marg">141. An Order that no Preacher meddle with State affairs.</NOTE> and according to the example cited by him of the <HI>Low Countries,</HI> Ordered, <HI>That no Mini&s;ter in his Pulpit, &s;hould meddle with any State affairs:</HI> had this been ob&s;erved from the beginning, the&s;e Pulpit-Incendiaries had never kindled a War between the King and Parliament.<NOTE PLACE="marg">142. The 5. Lights of <HI>Walton.</HI></NOTE></P>
<P>About the beginning of <HI>Lent</HI> la&s;t, Ma&s;ter <HI>Faucet</HI> Mini&s;ter of <HI>Walton</HI> upon the <HI>Thames</HI> in <HI>Surrey,</HI> preached in his Pari&s;h Church after dinner, when he came down out of his Pulpit it was twi|light; and into the Church came &s;ix Souldiers, one of them with a Lanthorn in his hand, and a Candle burning in it, in the other hand they had four Candles not lighted: He with the Lanthorn called to the Pari&s;hioners to &s;tay a little, for he had a Me&s;&s;age to them from God, and offered to go up into the Pulpit, but the Pari&s;hioners would not let him; then he would have delivered his errand in the Church, but there they would not hear him; &s;o he went forth into the Church-yard, the people following him, where he related to them, <HI>That he had a Vi&s;ion, and received a com|mand from God to deliver his will unto them; which he was to deliver, and they to receive upon pain of damnation. It con&s;i&s;ted of</HI> 5 <HI>Lights:</HI></P>
<P N="1">1. <HI>That the Sabbath was aboli&s;hed as unnece&s;&s;ary, Jewi&s;h, and meer|ly ceremonial: And here</HI> (quoth he) <HI>I &s;hould put out my fir&s;t Light, but the wind is &s;o high I cannot light it.</HI></P>
<P N="2">2. <HI>Tythes are aboli&s;hed as Jewi&s;h and Ceremonial, a great burden to the Saints of God, and a di&s;couragement of industry and tillage: And here I &s;hould put out my &s;econd Light, &amp;c.</HI> as afore&s;aid, which was the bur|den of his &s;ong.</P>
<P N="3">3. <HI>Mini&s;ters are aboli&s;hed as Antichri&s;tian, and of no longer u&s;e now Chri&s;t him&s;elf de&s;cends into the hearts of his Saints, and his
<PB N="153" REF="184"> Spirit enlightneth them with Revelations, and in&s;pirations: And here I &s;hould have put out my third Light, &amp;c.</HI></P>
<P N="4">4. <HI>Magi&s;trates are aboli&s;hed as u&s;ele&s;s, now that Christ him&s;elf is in puritie of Spirit come among&s;t us, and hath erected the Kingdom of the Saints upon earth; be&s;ides, they are Tyrants and Oppre&s;&s;ors of the Li|berty of the Saints, and tie them to Laws and Ordinances, meer humane inventions: And here I &s;hould have put, &amp;c.</HI></P>
<P N="5">5. Then putting his hand into his pocket, and pulling out a little Bible, he &s;hewed it open to the People, &s;aying, <HI>Here is a Book you have in great veneration, con&s;i&s;ting of two parts, the Old and New Te&s;tament; I mu&s;t tell you, it is aboli&s;hed: It containeth beggarly rudiments, milk for Babes; But now Chri&s;t is in Glory a|mongst us, and imparts a fuller mea&s;ure of his Spirit to his Saints then this can afford; and therefore I am commanded to burn it before your faces:</HI> &s;o taking the Candle out of his Lanthorn, he &s;et fire of the leaves. And then putting out the Candle, cryed, <HI>And here my fifth Light is extingui&s;hed.</HI></P>
<P>Upon a Report from the Councell of State,<NOTE PLACE="marg">143. The Earle of <HI>Warwick's</HI> Commi&s;&s;ion recalled; and 3 Admirals appointed.</NOTE> the Commons Voted <HI>void</HI> the Earle of <HI>Warwick's</HI> Commi&s;&s;ion for Admirall, and appointed three Commi&s;&s;ioners to have and execute the Admirals Place, with 3 l. a day a piece; a Commi&s;&s;ion for Mar|tiall Law, and Land Souldiers aboard to keep under the Sea|men, The three Admirals are, Col. <HI>Edw: Popham,</HI> Col. <HI>Rob: Blake,</HI> and Col, <HI>Deane.</HI></P>
<P>Sunday after <HI>Ea&s;ter-day,</HI><NOTE PLACE="marg">144. <HI>Cromwell</HI> turn|ed Preacher.</NOTE> &s;ix Preachers militant at <HI>White-hall</HI> tried the patience of their Hearers; one calling up another &s;uc|ce&s;&s;ively: at la&s;t the Spirit of the Lord called up <HI>Oliver Crom|well,</HI> who &s;tanding a good while with lifted up eyes, as it were in a trance, and his neck a little inclining to one &s;ide, as if he had expected <HI>Mahomet's</HI> Dove to de&s;cend and murmure in his eare; and &s;ending forth abundantly the groans of the Spirit, &s;pent an hour in prayer, and an hour and an half in a Sermon. In his prayer <HI>he de&s;ired God to take off from him the Government of this mighty People of</HI> England, <HI>as being too heavy for his &s;houlders to bear:</HI> An audatious, ambitious, and hypocriticall imitation of <HI>Mo&s;es.</HI> It is now reported of him, that he pretendeth to In&s;pi|rations; and that when any great or weighty matter is pro|pounded, he u&s;ually retireth for a quarter or half an hour, and
<PB N="154" REF="185"> then returneth and delivereth out the Oracles of the Spirit: &s;urely the Spirit of <HI>John of Leyden</HI> will be doubled upon this Man.</P>
<P><NOTE PLACE="marg">145. The la&s;t Re|treat of the Faction by H. <HI>Martins</HI> report.</NOTE>About this time the <HI>Pal&s;grave</HI> took his leave of the Parlia|ment being much courted and complemented by them, and his 8000 l. <HI>per annum</HI> with all Arrears confirmed to him: &s;ince his departure <HI>Harry Martin</HI> (in a jolly humour) was heard to &s;ay, <HI>If the worst hapned, and that they &s;hould not he able to &s;tand their ground in</HI> England, <HI>yet the</HI> Pal&s;grave <HI>would afford them a place of retreat in the Palatinate;</HI> the &s;eeds of the&s;e Anarchicall, Anabap|ti&s;ticall humours (upon the reducing of <HI>Mun&s;ter</HI>) &s;pread them|&s;elves in <HI>England,</HI> and now have a mind to return into <HI>Germany</HI> to kindle a fire there.</P>
<P><NOTE PLACE="marg"><HI>146:</HI> Io. Lilburn's <HI>third Book, called,</HI> (The Picture of the Councell of State.)</NOTE>About this time <HI>John Lilburn,</HI> and his Company, &s;et forth a Book, called, <HI>[The Picture of the Councell of State, &amp;c.]</HI> wherein they &s;et forth <HI>the illegall and violent proceedings of the &s;aid Councell again&s;t them in &s;eizing upon them with armed Bands of Souldiers, and interrogating them again&s;t them&s;elves, &amp;c.</HI> (where they have the&s;e words) <HI>The Faction of a Traiterous Party of Officers of the Army hath twice rebelled again&s;t the Parliament, and broke them in pieces, and by force of Armes culled out whom they plea&s;ed, and im|pri&s;oned divers of them, and laied nothing to their charge; and have left onely in a manner a few men,</HI> (be&s;ides 11 of them&s;elves, <HI>viz:</HI> the Generall, <HI>Cromwell, Ireton, Harri&s;on, Fleetwood, Rich, Ingol&s;by Hazelrigge, Con&s;table, Fennick, Walton,</HI> and <HI>Allen</HI> Trea&s;urer) <HI>of their own Faction behind them, that will (like Spaniel dogs) &s;erve their lu&s;ts and wills; yea, &s;ome of the chiefe&s;t of them,</HI> viz: <HI>Ireton, Harri&s;on, &amp;c.</HI> yea, Mr. <HI>Holland</HI> him&s;elf &s;tyled them, <HI>a Mock Par|liament, a Mock power,</HI> at <HI>Wind&s;or&punc;</HI> yea, it is yet their expre&s;&s;i|ons at <HI>London:</HI> And if this be true that they are a Mock-power, and a Mock Parliam<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">nt, then. <HI>Quare,</HI> Whether in Law or Ju|&s;tice (e&s;pecially con&s;idering they have fallen from all their many glorious promi&s;es, and have not done any one action that tends to the univer&s;all good of the people) can tho&s;e Gentlemen &s;it|ting at <HI>We&s;tminster</HI> in the Hou&s;e (called, <HI>the Hou&s;e of Commons</HI>) be any other than a factious company of Men, trayte<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ou&s;ly com|bined together with <HI>Cromwell, Ireton,</HI> and <HI>Harri&s;on,</HI> to &s;ubdue the Laws, Liberties, and Freedoms of <HI>England,</HI> (for no one of them
<PB N="155" REF="185"> prote&s;ts again&s;t the re&s;t) and to &s;et up an ab&s;olute and perfect ty|ranny of the Sword, will, and plea&s;ure, and ab&s;olutely intend the de&s;troying the Trade of the Nation, and the ab&s;olute impoveri&s;h|ing the people thereof, to &s;it them to be their Va&s;&s;als and Slaves. And again, the three forementioned Men, <HI>viz: Cromwell, Ire|ton,</HI> and <HI>Harri&s;on,</HI> (the Generall being but their &s;talking hor&s;e, and a cypher) and their trayterous Faction, having by their wills and Swords got all the Swords of <HI>England</HI> under their com|mand, and the di&s;po&s;ing of all the great Places in <HI>England</HI> by Sea and Land, and al&s;o the pretended <HI>Law making</HI> power, and the pretended <HI>Law executing</HI> power, by making among them&s;elves (contrary to the Laws and Liberties of <HI>England</HI>) all Judges, Ju&s;tices of Peace, Sheriffs, Bayliffs, Committee-men, &amp;c. to exe|cute their wils and tyranny, walking by no limits or bounds but their own wills and plea&s;ures, and trayterou&s;ly a&s;&s;ume unto them&s;elves a power to leavy upon the people what money they plea&s;e, and di&s;po&s;e of it as they plea&s;e, yea, even to buy knives to cut the peoples throats that pay the money to them, and to give no account for it till Dooms-day in the afteroon; they ha|ving already in their wills and power to di&s;po&s;e of the Kings, Queens, Princes, Dukes, and the re&s;t of the Childrens Revenue; Deanes and Chapters Land, Bi&s;hops Lands, Seque&s;tred Delin|quents Lands, Seque&s;tred Papi&s;ts Lands, Compo&s;itions of all &s;orts, amounting to Millions of money, be&s;ides Exci&s;e and Cu&s;tomes; yet this is not enough, although (if rightly husbanded) it would, con&s;tantly pay above one hundred thou&s;and men, and furni&s;h an an&s;werable Navy thereunto: But the people mu&s;t now after their Trade<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> are lo&s;t, and their E&s;tates &s;pent, to procure their Li|berties and Freedoms, be A&s;&s;e&s;&s;ed about 100000 l. a Moneth,<NOTE PLACE="marg">Ma&s;ter <HI>Boon</HI> a Member of the Hou&s;e, lately a Tap&s;ter, hath 6000 l. given him. Sir <HI>Arth: Hazel|rig</HI> 3 great Ma|nours, <HI>Bi&s;hops-Aukland, Ev<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">r-wood,</HI> and another Col. <HI>B<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">rk&s;tead</HI> (the pitiful Thimble and Bodkin Gold-&s;mith) bought as much Bi&s;hops Lands as co&s;t 10000 l. at two or three years purcha&s;e, and hath al|ready rai&s;ed his money.</NOTE> that &s;o they may be able like &s;o many Cheaters and State-thieves, to give &s;ix, eight, ten, twelve, fourteen, &s;ixteen thou&s;and pounds a piece over again to one another, (as they have done already to di|vers of them&s;elves) to buy the Common-wealths Lands one of another, (contrary to the duty of Tru&s;tees, who by Law nor equi|ty, <HI>can neither give nor &s;ell to one another</HI>) at two or three years
<PB N="156" REF="186"> Purcha&s;e, (the true and valuable rate con&s;idered) as they have al|ready done, and to give 4 or 5000 l. <HI>per annum,</HI> over again to King <HI>Cromwell,</HI> as they have done already out of the Earl of <HI>Worce&s;ters</HI> E&s;tate, &amp;c. be&s;ides about 4 or 5 l. a day he hath by his Places of Lieu. Generall, and Colonel of Hor&s;e in the Army; although he were at the beginning of this Parliament but a poor Man; yea, little better than a Beggar (to what he is now) as well as others of his Neighbours.</P>
<P><NOTE PLACE="marg">147. A Petition in behalf of <HI>Io: Lylburn</HI> and his company.</NOTE>2. <HI>Aprill</HI> 1649. A Petition &s;ub&s;cribed by divers Per&s;ons in be|half of <HI>John Lilburn</HI> and his company, was pre&s;ented to the Commons, wherein (among&s;t other things) are contained the&s;e three ju&s;t demands:</P>
<P N="1">1. <HI>That no man be cen&s;ured, condemned, or mole&s;ted, but for the breach of &s;ome Law fir&s;t made and publi&s;hed to the People, whereby is avoided that uncertainty and howerly hazard that otherwi&s;e every man is &s;ubject to, both in re&s;pect of his Estate, Liberty, and Life.</HI></P>
<P N="2">2. <HI>That every crime have not onely its penaltie annexed, hut to|gether therewith the manner and method of proceedings a&s;certained.</HI></P>
<P N="3">3. <HI>That the execution of Laws be referred to ordinary Magi|&s;trates and Officers by Law deputed thereto, and that the Military power be not u&s;ed, but where the Civil is &s;o re&s;i&s;ted, as that of its own &s;trength it is deficient to enforce obedience.</HI></P>
<P><NOTE PLACE="marg">148. Itinerant Mi|ni&s;ters, an in|vention to un|dermine our Orthodox &s;et|led Mini&s;ters, and infect the people with Schi&s;mes and Anarchicall principles, &s;u|table to the many-headed tyranny of the Grandees.</NOTE><HI>Aprill</HI> 12. 1649. It was referred to a Committee <HI>to con&s;ider of a way how to rai&s;e Pen&s;ions and Allowances out of Deans and Chap|ters Lands to maintain &s;upernumeracy Itinerant Mini&s;ters,</HI> who &s;hould be Authorized to go up and down compa&s;&s;ing the earth, and adulterate other Mens Pulpits and Congregations, and put affronts and rai&s;e factions and &s;candals upon &s;uch orthodox and con&s;cientious Mini&s;ters (in order to their Seque&s;tration) as can|not frame their Doctrine to the damnable practi&s;es and Anar|chicall principles of the times. The&s;e wandering Apo&s;tles are to preach Antimonarchicall &s;editious doctrine to the people, (&s;u|table to that they call <HI>the pre&s;ent Government</HI>) to rai&s;e the ra&s;|call multitude and &s;chi&s;maticall rabble again&s;t all men of be&s;t quality in the Kingdom, to draw them into A&s;&s;ociations and Combinations with one another in every County, and with the Army again&s;t all Lords, Gentry, Mini&s;ters, Lawyers, rich and peaceable men, and all that are Lovers of the old Laws and Go|vernment,
<PB N="157" REF="186"> for the better rooting of them out, that them&s;elves alone may inhabite the earth, and e&s;tabli&s;h their new tyranny or Kingdom of the Saints upon the ruines of our ancient Monar|chy. The&s;e men (like <HI>Balaam) &s;hall ble&s;s and cur&s;e for hire,</HI> and vent State-news, State-doctrine, and poi&s;on the people with &s;uch changeable and various principles as from time to time &s;hall be dictated to them by tho&s;e P&s;eudo-polititians as now &s;it at the Helm; they &s;hall cou&s;en the people with pretended Illumi|nations, Revelations, and In&s;pirations, and pour out all the Vials of Gods wrath among&s;t them.</P>
<P><HI>Cromwel</HI> and <HI>Ireton</HI> and their Faction,<NOTE PLACE="marg">149. A fraudulent Reconciliation and uniting of Intere&s;ts at|tempted with a mock-fa&s;t for that purpo&s;e.</NOTE> having formerly delu|ded all the Intere&s;ts and Parties of this Kingdom, were arrived to that height of impudence as to endeavour to cheat them all over again, they had by murthering the King, aboli&s;hing the Hou&s;e of Lords, putting an execrable force upon the far major part of the Hou&s;e of Commons, making them&s;elves and their Party a tyrannical Councel of State to u&s;urp the Supreme power and Government, endeavouring <HI>a Toleration of all Reli|gions,</HI> attempting to take away Tithes,<NOTE PLACE="marg"><HI>See a Paper, called,</HI> Argu|ments again&s;t all Accommoda|tion between the City of <HI>Lon|don,</HI> and the engaged Gran|dees of the Parl. and Army; <HI>And</HI> A &s;ea&s;onable Caution to the City of <HI>Lon|don? printed at the latter end of</HI> Relati|on <HI>and</HI> Ob&s;er|vations, Hi&s;t. <HI>and</HI> Pol. <HI>&amp;c.</HI></NOTE> mocking and then tyran|nizing over that part of the Army they plea&s;e to mi&s;call <HI>Level|lers,</HI> di&s;tracted and di&s;contented all Parties within the Kingdom, and &s;tirred up all the Princes of Chri&s;tendom to defend the common Intere&s;t of Kings, now controverted in <HI>England.</HI> This cloud threatned to pour down a new War upon them; to provide a remedy therefore for this &s;ore, <HI>Cromwel</HI> moved in the Hou&s;e of Commons, <HI>That the Presbyterian Government might be &s;etled,</HI> promi&s;ing his endeavors thereto; but whether he meant a Cla&s;&s;ical or Congregational Presbytery (which differs little or nothing from Independency) he did not declare<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> and here lyeth the fallacy; he likewi&s;e moved, <HI>That the &s;ecured and &s;ecluded Members might again be invited into the Hou&s;e:</HI> they &s;ent their A|gents both Lay-men and Mini&s;ters (among&s;t whom Mr. <HI>Mar|&s;hal, Nye, Carrell, Goodwin,</HI> and <HI>Hugh Peters</HI> were chief) to ca|jole and decoy the Mini&s;ters, Citizens, and the expul&s;ed Mem|bers, with di&s;cour&s;es and propo&s;itions, they told them, The Pres|byterians had differed from the King in point of civil Intere&s;t, which was more irreconcileable than that Intere&s;t of Church-Government, what&s;oever &s;hew was made to the contrary, (They
<PB N="158" REF="187"> will not endure to hear of the KING'S exemplary patience and Chri&s;tian charity to all; nor of His precepts and &s;trict injuncti|ons to His Son of clemency and ab&s;tinency from revenge, con|tained in His la&s;t Book, <HI>[The Pourtraicture of His Maje&s;tie.]</HI> The&s;e things will both apologize for our young King, and con|demn our bloody vindicative Saints.) That the Presbyterians as well as the Independents made War again&s;t the late King, brought Him low, and prepared Him to receive his late deadly Blow from the Independents, and therefore the King would look upon both parties as equally guilty, and was deeply enga|ged in point of Intere&s;t to cut off both Parties: Endeavouring by the&s;e di&s;cour&s;es to put the Presbyterians into <HI>de&s;paire</HI> (their own and <HI>Judas</HI>'s &s;in) and then to work upon that ba&s;e and coward|ly principle of <HI>&s;elf-pre&s;ervation,</HI> and invite them to joyn with them in point of civil Intere&s;t and common Defence. But their kindne&s;s was but like that of a malicious Man, who having plague-&s;ores upon him, embraceth his friend rather to infect then cheri&s;h him: they know that by &s;itting, voting, acting, and com|plying with them, (who&s;e actions the Laws of God and the Land have damned and anathematized with the highe&s;t condemnati|on) they &s;hould contract the guilt of all their forepa&s;&s;ed crimes and trea&s;ons; in the mean time the Presbyterians &s;hould &s;it and act but as a &s;u&s;pected Party, and &s;hould be baffled and turned out again when the danger is pa&s;t; the Independents keeping in their own hands all the power, profits and preferments of the Land, and u&s;ing the Presbyterian party but as <HI>Gibeonites,</HI> Hewers of wood, and Drawers of water under them; they invited them therefore to &s;hare with them in their &s;ins, &s;hames, and puni&s;h|ments, but would keep <HI>Achans</HI> Wedge and the Babiloni&s;h gar|ment (the profit of their crimes) to them&s;elves: And (as if it were not &s;ufficient to cou&s;en Man without mocking God) the Hou&s;e of Commons Ordered a <HI>&s;trict Fa&s;t to be kept upon Thur&s;|day,</HI> 19 April 1649. <HI>as a day of Humiliation to implore Gods for|givene&s;s for the ingratitude of the people, who did not &s;ufficiently acknowledge with thankfulne&s;s Gods great mercies upon this Land in freeing them from Monarchie, and be&s;towing libertie upon them, by changing Kingly Government into a Free-State or Republique.</HI> The Faction knew that to partake with them in the&s;e prayers,
<PB N="159" REF="187"> was to partake of their &s;ins. God deliver us from tho&s;e de|ceitful lips, who&s;e prayers are &s;nares, who&s;e ki&s;&s;es prove cur&s;es, and who&s;e devotion leads to damnation: Never was Fa&s;t injoyn|ed with more &s;everity, nor neglected with more contempt and horror; men &s;hunning it like the &s;ins of Rebellion and Witch|craft. Be&s;ides, their Con&s;ciences told them, <HI>that they never &s;uffe|red the thou&s;andth part of the oppre&s;sions they now groan under.</HI></P>
<P>About this time it was debated to &s;end &s;upplies for <HI>Ireland;</HI><NOTE PLACE="marg">150. The jugling de&s;ign of &s;end|ing part of the Army for <HI>Ire|land.</HI></NOTE> the predominannt Grandees were de&s;irous to purge the Army (as they had done the Hou&s;e) and &s;end the Levellers (A&s;&s;ertors of Liberty) thither: the Levellers were de&s;irous to keep their ground here, and &s;end the more mercenary en&s;laving and en&s;laved part of the Army; the better to colour the de&s;ign, <HI>Cromwel</HI> undertook to be Conductor of this expedition, and light them the way into <HI>Ireland</HI> with his Illuminated No&s;e; having taken Order before hand that his precious &s;elf &s;hould be recalled time enough to keep up his party in <HI>England</HI> from &s;inking by his lon|ger ab&s;ence, and the better to accommodate the bu&s;ine&s;s, Lots were &s;everal times ca&s;t what Regiments &s;hould go; but the Lots not falling out to the minds of the General Councel of Officers, they ca&s;t Lots again and again, untill fortune agreed with their de&s;ires: This being di&s;covered, a printed Paper was &s;cattered about the &s;treets, 26. <HI>April,</HI> 1649. as followeth:
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<P>ALL worthy Officers and Souldiers who are yet mindfull that you engaged not as a meer mercenarie Armie, hired to &s;erve the Arbitrarie ends of a Councel of State; but took up Arms in Judg|ment and Con&s;cience in behalf of your own, and the peoples ju&s;t Rights and Liberties, you may &s;ee plainly by the proceedings of Col. <HI>Hew|&s;on</HI> with his Regiment, that the de&s;ign of your grand Officers is, to reduce the Army to a meer mercenary and &s;ervile temper, that &s;hall obey all their commands, without &s;o much as asking a que&s;tion for Con|&s;cience &s;ake. Intending by this blind obedience in you to make you be what&s;oever they &s;hall find requi&s;ite to e&s;tabli&s;h their own ab&s;olute power over the Common-wealth, yea, though it be to cut off your be&s;t friends, or perpetuate this their own Parliament and Councel of State, things &s;o evidently de&s;tructive to your own and the peoples ju&s;t Rights and Liberties as nothing can be more.</P>
<PB N="160" REF="188">
<P>And for compa&s;sing whereof, you know they have long &s;ince di&s;|&s;olved the Agitators, and erected a Councel among&s;t them&s;elves, by which they have moulded the Parliament and a Councel of State to their own wills; both which, are to be as a &s;creen between the Peo|ple and your Grandees, to make the world beleeve, they do nothing but by Order of Parliament, and Councel of State, when they order all things them&s;elves; and indeed are confederated together to defend and protect each others in their defrauding and en&s;laving the Common-wealth.</P>
<P>This they have long aimed at, but cannot po&s;sibly effect it, untill they reduce the Army to a &s;ervile and ba&s;e temper, which they have been laboring to bring to pa&s;s along time; as by picking quarrels with mo&s;t Officers and Souldiers, that have manifested any &s;ence of Common Right, and &s;o vexing them and wearying them out of Troops and Companie. And (you know) they have bin more than once disbanding twenty of a Troop, upon pretence of ea&s;ing the publike charge all their mi&s;chief being ever done, after either fasting and prayer, or upon &s;ome very &s;pecious pretence; but the care and re&s;olution of the hone&s;t Ofi|ficers and Souldiers ever prevented this.</P>
<P>But now the bu&s;ine&s;s for <HI>Ireland</HI> (it &s;eems) mu&s;t doe the deed; that being a &s;ervice that mu&s;t be preferred before the &s;etling of the Liber|ties and Freedoms of this Nation; and all that are not for this &s;ervice mu&s;t be e&s;teemed no better than Enemies and Traitors; and therefore an <HI>Ahab-like</HI> Fa&s;t goeth before the Lots are ca&s;t: And Col. <HI>Hew&s;on</HI> falls to worke and disbands all tho&s;e Souldiers and Offi|cers that refu&s;ed to engage for the &s;ervice of <HI>Ireland,</HI> before the Liber|ties of <HI>England</HI> (which we never trod under foot) be re&s;tored to the people.</P>
<P>The end of this being to be a leading ca&s;e to all other Regiments both Hor&s;e and Foot; not that they certainly intend for <HI>Ireland,</HI> but by &s;uch mans to be rid of all &s;uch as are apt to de&s;ire to be &s;atisfied in their Con&s;ciences of the ju&s;tice of the Cau&s;e before they engage in the killing and &s;laying of men any more; or before they &s;ee &s;ome fruits an&s;werable to the blood that hath been &s;pilt.</P>
<P>And being rid of this kind of Officers and Souldiers, then to fill the Regiments as this <HI>Hew&s;on</HI> doth, with &s;uch ignorant, needy, or &s;ervile men, as the&s;e mi&s;erable times (through lo&s;s of Trade) have begotten.</P>
<P>And this being done, then to make more &s;trict enquiry after this
<PB N="161" REF="188"> &s;ort of People in the Army, and all other places, &s;uppre&s;&s;e meetings, and if that will not doe, then to di&s;arme all from whom they &s;u&s;pect the lea&s;t repining or oppo&s;ition.</P>
<P>And therfore all tho&s;e Officers and Souldiers, and all people in all pla|ces are concerned in a very high nature, even as much as the freedom of the Nation is worth, yea, as they tender the good of their Wives, Chil|dren, Families and Po&s;terity, to venture their lives and all they have to make oppo&s;ition again&s;t this the greate&s;t mi&s;chief that ever was at|tempted; the greate&s;t Trea&s;on that ever was committed again&s;t the li|berties of the People: and not to &s;tand any longer in a mix-maze between hope and feare; for if this de&s;igne take place, your great Officers and their Confederates in Parliament and Councel of State, will be as &s;o many Kings, Princes and Lords, and your &s;elves, and all the people, their Slaves and Va&s;&s;als.</P>
<P>Therefore keep every man his place and po&s;t, and &s;tir not, but im|mediately chu&s;e you a Councel of Agitators once more to judge of the&s;e things; without which we &s;hall never &s;ee a new Parliament, or ever be quit of the&s;e intolerable burdens, oppre&s;&s;ions, and cruelties, by which the people are like to be beggered and de&s;troyed.</P>
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</TEXT></Q></P>
<P>About this time Ma&s;ter <HI>Robert Lockier,</HI><NOTE PLACE="marg">151. <HI>M. Lockier</HI> condemned by a Councel of Warr, with his honour|able death and burial: and <HI>Lilburns</HI> Let|ter to the Ge|neral.</NOTE> and five or &s;ix other Troopers of Captaine <HI>Savages</HI> Troop were condemned for a &s;up|po&s;ed mutiny; in behalf of whom Lieut. C. <HI>John Lilburne</HI> writ this Letter following to the General, dated 27. <HI>April,</HI> 1649.</P>
<LETTER LANG="eng">
<OPENER><SALUTE>May it plea&s;e your Excellency,</SALUTE></OPENER>
<P>WE have not yet forgot your Solemne Engagement of <HI>June</HI> 5. 1647. wherby the Armies Continuance as an Army was in no wi&s;e by the will of the State, but by their owne mutuall Agreement: And if their &s;tanding were removed from one Foundation to another, (as is undeniable) then with the &s;ame they removed from one Authority to another; and the Liga|ments and Bonds of the Fir&s;t were Di&s;&s;olved, and gave place to the Second; and under, and from the head of their fir&s;t Sta|tion, viz: By the Will of the State, the Army derived their Go|vernment by Martiall Law; which in Judgment and Rea&s;on could be no longer binding then the Authority (which gave being there|to) was binding to the Army: For the deniall of the Authority,
<PB N="162" REF="189"> is an Abrogation and Nullment of all Acts, Orders, or Ordinan|ces by that Authority as to them: And upon this Account, your Excellency with the Army, long proceeded upon the Con&s;titu|tion of a new Councel and Government, contrary to all Mar|tial Law and Di&s;cipline, by whom only the Army engaged to be Ordered in their pro&s;ecution of the Ends; to wit, Their &s;eve|ral Rights, both as Souldiers and Commoners, for which they a&s;&s;ociated; Declaring, Agreeing, and Promi&s;ing each other, not to Disband, Divide, or &s;uffer them&s;elves to be Disbanded or Divided, without &s;atisfaction and &s;ecurity in relation to their Grievances and De&s;ires in behalf of them&s;elves and the Com|mon-wealth, as &s;hould be agreed unto by their Councel of Agi|tators: And by vertue, and under colour of this E&s;tabli&s;hment, all the Extraordinary Actions by your Excellency, your Officers, and the Army have pa&s;t: Your refu&s;al to disband, di&s;puting the Orders of Parliament: Impeachment and Ejection of Eleven Members; your fir&s;t and &s;econd march up to <HI>London;</HI> your late violent Exclu&s;ion of the major part of Members out of the Hou&s;e, and their Impri&s;onment without cau&s;e, &amp;c. which can no way be ju&s;tified from the guilt of the highe&s;t Trea&s;on, but in the accompli&s;hment of a righteous end, <HI>viz.</HI> The enjoyment of the benefit of our Lawes and Liberties which we hoped long ere this to have enjoyed from your hands: Yet when we con&s;ider and herewith compare many of your late carriages both towards the Souldiery, and other free people, and principally your cruell Exerci&s;e of Martial Law, even to the Sentence and Execution of Death upon &s;uch of your Souldiers as &s;tand for the Rights of that Engagement, &amp;c. And not onely &s;o, but again&s;t others not of the Army; we cannot but look upon your defection and Apo&s;tacy in &s;uch dealings, as of mo&s;t dangerous Con&s;equence to all the Laws and Freedoms of the People.</P>
<P>And therefore, although there had never been any &s;uch &s;olemn Engagement by the Army, as that of <HI>Iune</HI> 5. 1647. which with your Excellency in point of duty ought not to be of the meane&s;t obligation. We do prote&s;t again&s;t your Exerci&s;e of Martial Law, again&s;t any whom&s;oever, in times of Peace: where all Courts of Iu&s;tice are open, as the greate&s;t encroachment upon our Lawes and Liberties that can be acted again&s;t us; and particularly, again&s;t
<PB N="163" REF="189"> the Tryall of the Souldiers of Captaine <HI>Savages</HI> Troop ye&s;terday, by a Court Martial, upon the Articles of Warre, and &s;enten|cing of two of them to death; and for no other end (as we under|&s;tand) but for &s;ome di&s;pute about their Pay: And the rea&s;on of this our Prote&s;tation, is from the <HI>Petition of Right,</HI> made in the third yeare of the late King, which declareth, <HI>That no per&s;on ought to be judged by Law Martial, except in times of Warre; And that all Commi&s;&s;ions given to execute Martial Law in time of Peace, are con|trary to the Lawes and Statutes of the Land.</HI> And it was the Parlia|ments complaint, That Martial Law was then Commanded to be executed upon Souldiers for Robbery, Mutiny, or Murder. Which <HI>Petition</HI> of Right this pre&s;ent Parliament in their late De|clarations of the 9. of <HI>February,</HI> and the 17. of <HI>March,</HI> 1648. com|mend as the mo&s;t excellente&s;t Law in <HI>England,</HI> and there promi&s;e to pre&s;erve inviolably, it, and all other the Fundamental Lawes and Liberties, concerning the pre&s;ervation of the Lives, Pro|perties, and Liberties of the People, with all things incident ther|unto. And the Exerci&s;e of Martial Law in <HI>Ireland,</HI> in time of Peace, was one of the chiefe&s;t Articles for which the E. of <HI>Straf|ford</HI> lo&s;t his Head: The &s;ame by this pre&s;ent Parl. being judged High Trea&s;on. And the Parliament it &s;elf, neither by Act nor Or|dinance, can ju&s;tly or warrantably de&s;troy the Fundamental Li|berties and Principles of the Common Law of <HI>England:</HI> It being a Maxim in Law and Rea&s;on both, that all &s;uch Acts and Ordi|nances, are <HI>ip&s;o facto,</HI> null, and void in Law, and binds not all, but ought to be re&s;i&s;ted and &s;tood again&s;t to the death. And if the Su|preme Authority may not pre&s;ume to do this, much le&s;&s;e may You, or Your Officers pre&s;ume thereupon; For where Remedy may be had by an ordinary cour&s;e in Law, the Party greived &s;hall ne|ver have his recour&s;e to extraordinaries. Whence it is evident, That it is the undoubted Right of every Engli&s;hman (Souldier, or other) that he &s;hould be puni&s;hable onely in the ordinary Courts of Ju&s;tice, according to the Lawes and Statutes of the Realme in the times of Peace, as now it is; and the extraordinary way by Courts Martial, in no wi&s;e to be u&s;ed.</P>
<P>Yea, the Parliaments Oracle, Sir <HI>Edward Cooke,</HI> Declares in the third part of his <HI>In&s;titutes,</HI> Chap. of <HI>Murder, That for a General or other Officers of an Army, in time of Peace to put any man, al|though
<PB N="164" REF="190"> a Souldier, to death, by colour of Martial Law, it is ab&s;olute murder in that General, &amp;c.</HI> Therfore erecting of Martial Law now, when all Courts of ju&s;tice are open, and &s;topping the free current of Law, which &s;ufficiently provides for the puni&s;hment of Soldiers as well as others, as appeares by 18. <HI>H.</HI> 6. <HI>c.</HI> 19. 2 <HI>&amp;</HI> 3 E. 6. <HI>c.</HI> 2. 4. <HI>&amp;</HI> 5 P. <HI>&amp; M. c.</HI> 3. <HI>&amp;</HI> 5 <HI>El.</HI> 5 <HI>&amp;</HI> 5 <HI>Jam.</HI> 25. is an ab&s;olute de&s;troy|ing of our Fundamental Liberties, and the razing of the Foun|dation of the Common Law of <HI>England;</HI> the which out of Duty and Con&s;cience to the Rights and Freedoms of this Nation (which we value above our lives) and to leave You and Your Councel without all excu&s;e, we were moved to repre&s;ent unto Your Excellency, Earne&s;tly pre&s;&s;ing You, well to con&s;ider what You do, before you proceed to the taking away the lives of tho&s;e men by Martial Law; lea&s;t the bloud of the Innocent (and &s;o palpa|ble Subver&s;ion of the Lawes and Liberties of <HI>England</HI>) bring the reward of ju&s;t vengeance after it upon You, as it did upon the Earle of <HI>Strafford:</HI> For Innocent bloud God will not pardon; and what the people may do (in ca&s;e of &s;uch violent Subver&s;ion of their Rights) we &s;hall leave to Your Excellency to judge, and remaine</P>
<CLOSER><SALUTE>Sir,</SALUTE>
<SIGNED>Your Excellencies humble Servants,
<LIST>
<ITEM>IOHN LILBURNE.</ITEM>
<ITEM>RICH. OVERTON.</ITEM>
</LIST></SIGNED>
<DATELINE>From our Cau&s;le&s;&s;e, and unju&s;t, and Tyrannica<GAP DESC="illegible" EXTENT="1 letter"> Captivity, in the <HI>Tower</HI> of <HI>London,</HI>
<DATE>April 17. 1649.</DATE></DATELINE></CLOSER>
</LETTER>
<P>Notwith&s;tanding which Letter, and much other meanes made, the &s;aid <HI>Lockier</HI> was Shot to Death in Saint <HI>Paul's</HI> Church-yard the &s;ame day, to &s;trike a terror and &s;lavi&s;h feare into &s;uch other Souldiers as &s;hall dare to take notice of their approaching &s;lavery; but his Chri&s;tian and gallant deportment at his death, with the honourable funerall pomp accompanying him to his Grave turned all the error of his Tragedy into hatred and contempt of the Au|thors thereof.<NOTE PLACE="marg">152. Arreares given to Col. <HI>A. P<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">p+ham,</HI> &amp; <HI>H. Mar|tin,</HI> &amp; tempta|tions put upon <HI>Lilburne</HI> and <HI>Joyce.</HI></NOTE></P>
<P>About this time the Hou&s;e of Commons gave to Col. <HI>Alexan|der Popham</HI> all his Arreares, and to <HI>Harry Martyn</HI> 3000 l. to put him on upon the holy Si&s;ters, and take him off from the Levellers: And <HI>Cromwell</HI> is now playing the Devils part, &s;hewing the
<PB N="165" REF="190"> Kingdomes of the earth, and tempting <HI>John Lilburn</HI> to fall down and wor&s;hip him, to for&s;ake his good principles and engage|ments, and betray the liberties of the people, but L. Col. <HI>Lilburne</HI> is higher &s;eated in the good opinion of the People than to be &s;u&s;|pected of &s;o much ba&s;ene&s;&s;e, who are confident he will as con&s;tant|ly re&s;i&s;t fal&s;e promi&s;es and vain hopes, as he hath vain threats and terrors of Indictments, and not ca&s;t away the hold he hath of immortality, by hearkning to &s;uch a Syrene who&s;e promi&s;es are but baits with a hook hidden under them; and his preferments but like <HI>Mahomets</HI> paradi&s;e; he that hath cou&s;ened all the Intere&s;ts of the Kingdome will not &s;cruple to cheat his enemy, a free-&s;pirited plaine meaning man. This is to undermine and blow up his credit with his party, and make him liable to a revenge hereafter: He that &s;toops to the lure of a known enemy is guilty of inexcu&s;able folly, and a Betrayer of him&s;elfe, e&s;pecially having had &s;o faire a Copie of Con&s;tancy &s;et him by Coronet <HI>Joyce,</HI> who hath with much faithfulne&s;&s;e re&s;i&s;ted the like allurements, and &s;o foule a Copy of Incon&s;tancy by <HI>Reynolds.</HI></P>
<P>The Commons have ordered,<NOTE PLACE="marg">153. The de&s;ign of making Mem|bers of Par|liament liable Arre&s;ts.</NOTE> <HI>That upon Complaint made to any Judge of the three Benches, the Judges &s;hall &s;end a Letter of Sum|mons t<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters"> ch Member of their Hou&s;e as &s;hall be complained of, to give an appearance, and &s;ubmit to legal proceedings, otherwi&s;e his per&s;on to be liable to Arre&s;ts.</HI> But our pre&s;ent Judges are Creatures to the Hou&s;e of Commons, and know before-hand what Members are <HI>Babes of Grace</HI> in favour, and mu&s;t be priviledged; and who are out of favour, and mu&s;t not be priviledged; they have an <HI>Index</HI> tells them when <HI>to grant,</HI> and when <HI>to deny, Sinners</HI> mu&s;t not be parta|kers of the &s;ame Laws <HI>with Saints:</HI> This is a Whip and a Bell to drive &s;uch dogged Members out of the Hall as will not hunt in pack with the Grandees in pur&s;uit of their de&s;igne, and are quick|&s;ented enough to &s;mell out their Knavery, if they come too near their door: It is thought the tyrannical Hocas Poca&s;&s;es had an aime hereby to la&s;h <HI>Harry Martin</HI> off from the Levellers, and make him come in to them.<NOTE PLACE="marg">154. Women Peti|tion the Hou&s;e for L. Col. <HI>Lilburne</HI> and his Com|pany.</NOTE></P>
<P>About this time &s;ome thou&s;ands of well-affected Women of <HI>London, We&s;tmin&s;ter, Southwarke,</HI> and the <HI>Hamlets,</HI> &s;tormed the Hou&s;e of Commons with two Petitions in behalf of <HI>Jo. Lilburne</HI> and his Company; They complain of <HI>the Councel of States vio|lent
<PB N="166" REF="191"> and illegal proceedings again&s;t them, in &s;eizing them in the night by Souldiers; of</HI> Lockiers <HI>being &s;hot to death by Martial Law; of their Arbitrary Government, Taxes, Exci&s;e, Monopolies, &amp;c. That there was a de&s;igne to fetch</HI> Lilburne <HI>and his Fellow Pri&s;oners out of the Tower at midnight to</HI> White-hall,<NOTE PLACE="marg">Second part of <HI>Englands</HI> new Chaines di&s;co|vered.</NOTE> <HI>and there murder them; That the Hou&s;e by Declaring the Abettors of the Book laid to tho&s;e Pri&s;oners charge Traytors, have laid a &s;nare for people; when as hardly any di&s;cour&s;e can be touching the affaires of the pre&s;ent times but falls within the compa&s;&s;e of that Book; &s;o that all liberty of di&s;cour&s;e is thereby utterly taken away, then which there can be no greater &s;la|very.</HI></P>
<P>They received not &s;o good An&s;wers to the&s;e Petitions as they were wont to receive, when they had Money, Plate, Rings, Bod|kins, and Thymbles to &s;acrifice to the&s;e Legi&s;lative Idols, they were bid, <HI>Go home and wa&s;h their di&s;hes;</HI> to which &s;ome replied, <HI>They had neither Di&s;hes nor Meat left.</HI></P>
<P>Note that the Commons have returned an&s;wer to &s;ome Peti|tioners, <HI>that Lilburne &s;hall be Legally Tried by Laws preceding the fact,</HI><NOTE PLACE="marg">155. Ob&s;ervations upon the Com|mons An&s;wer to tho&s;e that petitioned for <HI>Lilburne, &amp;c.</HI></NOTE> and yet by their Order, 11. <HI>April,</HI> 1649, it is Ordered, <HI>That the Atturney General be required to take &s;peedy cour&s;e for pro&s;ecution of Lieu. Col.</HI> John Lilburne, &amp;c. <HI>in the &V;pper Bench this Terme, upon the Declaration of this Hou&s;e touching the Book, entituled (The &s;econd part of</HI> Englands <HI>new Chaines di&s;covered.</HI>] if this Or|der be not a Law and preceding the fact too, then our &s;uprene Saints have told a Legi&s;lative Lie. In the latter end of the &s;aid An&s;wer they are angry the Petitioners &s;hould di&s;cover &s;o much of their ba&s;ene&s;&s;e, That <HI>Cromwell</HI> and <HI>Ireton</HI> rides them, and there|fore (contrary to all mens knowledge, and their owne Con&s;ci|ences) they terme tho&s;e Intimations, &s;editious Sugge&s;tions; and Ordered, that <HI>Cromwell</HI> and <HI>Ireton</HI> &s;hould draw up a Declara|tion to prevent the people from being mi&s;-led by Sowers of &s;e|dition;<NOTE PLACE="marg">Humiliter &s;ervi|vunt, aut &s;uper|be dominantur.</NOTE> &s;uch are the degenerous Spirits of under-Tyrants, who are A&s;&s;es to their Superiors; and Lyons to their Inferiors: <HI>Crom|well</HI> and <HI>Ireton,</HI> that have &s;ubverted all civill Authority, <HI>murde|red the</HI> KING, po&s;&s;e&s;&s;ed them&s;elves of what they plea&s;e, and en|&s;laved the Kingdome with a Military tyranny, mu&s;t draw up a Declaration according to their fancy, for their owne vindication, and the Commons mu&s;t Father the Ba&s;tard and &s;et the &s;tamp of
<PB N="167" REF="191"> their Authority and priviledge upon it, lea&s;t any man &s;hould con|fute it, and beat back the Authors lies into their throats. But this is no new invention, for formerly when the Councel of Officers &s;et forth their An&s;wer to the Hou&s;e of Commons Demands con|cerning their &s;ecured Members;<NOTE PLACE="marg"><HI>Ireton</HI> penned this &s;candalous An&s;wer of the &s;aid Officers.</NOTE> <HI>Cromwell</HI> and <HI>Ireton</HI> cau&s;ed their Journey-men of that Conventicle to Vote, <HI>That the Hou&s;e did ap|prove the matter of the &s;aid An&s;wer;</HI> therby owning all the gro&s;&s;e lies therin contained to deterre the impri&s;oned Members from replying to it, and &s;o by a tacite confe&s;&s;ion to acknowledge them|&s;elves guilty.</P>
<P>About this time appeared out of the Ea&s;t a New Light in our Horizon,<NOTE PLACE="marg">156. The Turki&s;h <HI>Alchoran</HI> taught to &s;peak Engli&s;h.</NOTE> the <HI>Alchoran</HI> of <HI>Mahomet</HI> (Predece&s;&s;or to <HI>Cromwell</HI>) and of <HI>Sergius</HI> (forerunner of <HI>Hugh Peters</HI>) naturalized and turned Eng|li&s;h. Now the Jewes (Profe&s;&s;ed Enemies to Chri&s;t (which <HI>Ma|homet</HI> is not) are accepted of) it is beleived that their <HI>Thalmude</HI> and <HI>Caball</HI> will &s;hortly be made Engli&s;h too, that this I&s;land may be rendred a compleat Pantheon, a Temple and Oracle for all Gods and all Religions; our light-headed innovating People being like Reeds as apt to be &s;haken by, and bend unto every wind, every breath of pretended In&s;piration, as the antient Ara|bians were.</P>
<P><HI>May</HI> 1. 1649. The frighted Conventicle of Commons con&s;i|dered of an Act (for&s;ooth) to fortifie them&s;elves and their u&s;urpa|tions with a Scar-crow of new-declared Trea&s;ons,<NOTE PLACE="marg">157. New-declared Trea&s;ons to defend tyran|ny and u&s;urpa|tion, and en|&s;nare the People.</NOTE> to the purpo&s;e following.</P>
<P N="1">1. <HI>If any man &s;hall malitiou&s;ly</HI> (this is a word of qualification, a back-door to let out &s;uch as they &s;hall think fit) <HI>Affirme the pre&s;ent Government to be tyrannical, u&s;urped, or unlawfull, or that the Com|mons in Parliament, are not the &s;upreme Authority of the Nation, or endeavour to alter the pre&s;ent Government.</HI></P>
<P N="2">2. <HI>If any affirme the Councel of State or Parliament to be Tyranni|call or unlawfull, or endeavour to &s;ubvert them, or &s;tirre up &s;edition again&s;t them.</HI></P>
<P><HI>For Souldiers of the Army to contrive the death of the Generall, or Lieutenant Generall, or endeavour to rai&s;e mutinies in the Army,</HI><NOTE PLACE="marg"><HI>Quere,</HI> whether <HI>Cromwell</HI> be Lieutenant Generall, or no?</NOTE> <HI>or to leavy Warre again&s;t the Parliament to joyne with any to invade</HI> England <HI>or</HI> Ireland, <HI>counterfeit the Great Seale, kill any Member of Parliament, or Judge, or Mini&s;ter of Ju&s;tice in their duty:</HI> All
<PB N="168" REF="192"> the&s;e &s;everal ca&s;es to be Declared, <HI>Trea&s;on.</HI> You &s;ee the terrors of <HI>Caine</HI> pur&s;ue the&s;e guilty Cowards.</P>
<P>This Fools Bolt is chiefly aymed at the hone&s;t <HI>Levellers;</HI> this <HI>Junto</HI> of Commons have made them&s;elves <HI>legall Traytors</HI> already, and would now make all the Kingdome <HI>legi&s;lative Traytors,</HI> but I hope none of tho&s;e that arrogate the Reverend Title of <HI>Judges of the Law</HI> (although again&s;t Law) will be &s;o lawle&s;&s;e as to give Sentence of Death upon any &s;uch illegal Act of the Hou&s;e of Commons; nay, this very Act denounceth &s;lavery and bondage to the Nation, and therefore is an Act of the highe&s;t tyranny, and a &s;nare.</P>
<P><NOTE PLACE="marg">158. The Levellers Randezvouz in <HI>Oxford&s;hire.</HI></NOTE><HI>May</HI> 6. 1649. The hone&s;t Levellers of the Army, (for that is the Nick-name which <HI>Cromwell</HI> fal&s;ly and unchri&s;tianly hath chri&s;tned them withal) Enemies to Arbitrary Government, ty|ranny and oppre&s;&s;ion, whether they finde it in the Government of one or many? whether in a Councel of Officers, a Councel of State; or a fag end of a Hou&s;e of Commons? whether it vaile it &s;elfe with the Title of a Supreme Authority, or a Legi&s;lative power?) drew together to a Randezvouz about <HI>Banbury</HI> in <HI>Ox|ford&s;hire,</HI> to the number of 4000 or 5000. others re&s;orting to them dayly from other parts. This gave an Alarme to our Gran|dees, fearing the downfall of their domination. <HI>Cromwell</HI> (not knowing what Party to draw out again&s;t them, that would be &s;tedfa&s;t to him) &s;hunned the danger, and put his property the General upon it to oppo&s;e the Randezvouz, and (looking as wan as the guilles of a &s;ick Turkey-cock) marched forth him&s;elf We&s;tward, to intercept &s;uch as drew to the Randezvouz. In the meane time the &s;aid Levellers printed and publi&s;hed this en&s;uing Paper, entituled.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="document">
<HEAD><HI>Englands</HI> Standard advanced: or, A Declaration from Mr. <HI>Will. Thomp&s;on,</HI> and the oppre&s;&s;ed People of this Nation, now under his conduct in <HI>Oxford&s;hire.</HI></HEAD>
<OPENER><DATELINE>Dated at their Randezvouz, <DATE>May 6. 1649.</DATE></DATELINE></OPENER>
<P>WHereas it is notorious to the whole world, that nei|ther the Faith of the Parliament, nor yet the Faith of the Army formerly made to the people of this Nation,
<PB N="169" REF="192"> in behalf of their Common Right, Freedom, and Safety, hath bin at all ob&s;erved, or made good, but both ab&s;olutely declined and broken, and the people only &s;erved with bare words and faire promi&s;ing Papers, and left utterly de&s;titute of all help or delivery: And that this hath principally been by the prevalency and treachery of &s;ome eminent per&s;ons (now domineering over the people) is mo&s;t evident. The Solemn Engagement of the Army at <HI>New-market,</HI> and <HI>Triploe-heaths</HI> by them de&s;troyed, the Councel of Agita|tors di&s;&s;olved, the blood of Warr &s;hed in time of Peace, Pe|titioners for Common Freedom &s;uppre&s;&s;ed by force of Arms, and Petitioners abu&s;ed and terrified, the lawful Trial by <HI>12.</HI> &s;worn men of the Neighbourhood &s;ubverted and denied, bloody and tyrannical Courts (called an High Court of Ju|&s;tice, and a Council of State) erected, the power of the Sword advanced and &s;et in the Seat of the Magi&s;trates, the Civil Lawes stopt and &s;ubverted, and the Military Intro|duced, even to the ho&s;tile &s;eizure, impri&s;onment, triall, &s;entence, and execution of death, upon divers of the Free people of this Nation, leaving no vi&s;ible Authority, devol|ving all into a Factious Juncto and Councel of State, u|&s;urping and a&s;&s;uming the name, &s;tamp, and authority of Parliament, to oppre&s;&s;e, torment and vex the People, where|by all the lives, liberties, and e&s;tates, are all &s;ubdued to the Wills of tho&s;e Men, no Law, no Ju&s;tice, no Right or Free|dome, no Ca&s;e of Grievances, no removal of unju&s;t barba|rous Taxes, no regard to the cries and groans of the poore to be had, while utter beggery and famine (like a mighty terrent) hath broken in upon us, and already &s;eized upon &s;eve|ral parts of the Nation.</P>
<P>Wherefore through an inavoidable nece&s;&s;ity, no other meanes left under Heaven, we are enforced to betake our &s;elves to the Law of Nature, to defend and pre&s;erve our
<PB N="170" REF="193"> &s;elves and Native Rights, and therefore are re&s;olved as one Man, (even to the hazard and expence of our Lives and Fortunes,) to endeavour the Redemption of the Magi&s;tracy of <HI>England,</HI> from under the force of the Sword, to vindi|cate the <HI>Petition of Right,</HI> to &s;et the unju&s;tly impri&s;oned free, to relieve the poore, and &s;ettle this Common-wealth, upon the grounds of Common Right, Freedome, and Safety.</P>
<P>Be it therefore known to all the free people of <HI>England,</HI> and to the whole world, that (chu&s;ing rather to die for Free|dome, then live as Slaves) We are gathered and a&s;&s;ociated together upon the bare Accompt of <HI>Engli&s;hmen,</HI> with our Swords in our hands to redeem our &s;elves and the Land of our Nativity, from &s;lavery and oppre&s;&s;ion, to avenge the blood of Warr &s;hed in the time of Peace, to have Ju&s;tice for the blood of <HI>M. Arnold,</HI> &s;hot to death at <HI>Ware,</HI> and for the blood of M. <HI>Robert Lockier,</HI> and divers others who of late by Martial Law were murthered at <HI>London.</HI></P>
<P>And upon this our Engagement in behalf of the Common-wealth, We do &s;olemnly agree and prote&s;t, <HI>That we will faithfully (laying all &s;elf-re&s;pects a&s;ide,) endeavour the actual relief and &s;ettlement of this di&s;tre&s;&s;ed Nation.</HI></P>
<P>And that all the world may know particularly what wee intend, and wherein particularly to center and acquie&s;ce for ever, not to recede or exceed the lea&s;t <HI>punctilio. We do de|clare from the integrity of our hearts, that by the help and might of God we will endeavour the ab&s;olute &s;ettle|ment of this di&s;tracted Nation, upon that Forme and Method by way of an Agreement of the people,</HI> tendered as a peace-offering by Lieuten. Collonel <HI>John Lilburne,</HI> Mr. <HI>William Walwyn,</HI> Mr. <HI>Thomas Prince,</HI> and Mr. <HI>Ri|chard Overton,</HI> bearing date <HI>May 1. 1649.</HI> the which we have annexed to this our <HI>Declaration</HI> as the Standard of our
<PB N="171" REF="193"> Engagement, thereby owning every part and particular of the Premi&s;es of the <HI>Agreement,</HI> promi&s;ing and re&s;olving to the utmo&s;t hazard of our Lives and Abilities, to pur&s;ue the &s;peedy and full accompli&s;hment thereof, and to our power, to protect and defend all &s;uch as &s;hall A&s;&s;ent or Ad|here thereunto: And particularly, for the Pre&s;ervation and Deliverance of <HI>L. Col. John Lilburn, M. Will. Wal|win,</HI> Mr. <HI>Thomas Prince,</HI> Mr. <HI>Richard Overton,</HI> Cap|tain <HI>Bray,</HI> and Mr. <HI>William Sawyer,</HI> from their barba|rous and illegal Impri&s;onments: And we Declare, <HI>That if a haire of their heads peri&s;h in the hands of tho&s;e Ty|rants that re&s;train them, That if God &s;hall enable us, we will avenge it &s;eventie times &s;even fold upon the heads of the Tyrants them&s;elves and their Creatures.</HI></P>
<P>And that till &s;uch time as by Gods A&s;&s;i&s;tance we have procured to this Nation the Declared purpo&s;e of this our Engagement, we will not Divide nor Disband, nor &s;uffer our &s;elves to be Divided or Disbanded, re&s;olving with &s;o|berne&s;se and civility to behave our &s;elves to the Countrey, to wrong nor abu&s;e any man, to protect all to our power from violence and oppre&s;&s;ion in all places where we come; re&s;olv|ing to &s;top the payment of all Taxes or Se&s;&s;ements what|&s;oever, as of Exci&s;e, Tythes, and the Tax of Ninety thou|&s;and pounds <HI>per men&s;em.</HI></P>
<P>And having once obtained a <HI>New Repre&s;entative,</HI> ac|cording to the &s;aid <HI>Agreement,</HI> upon &s;uch Terms and Li|mitations therein expre&s;&s;ed: We &s;hall then freely lay down our Armes, and return to our &s;everal Habitations and Callings.</P>
<P>And concerning the <HI>equity, nece&s;&s;ity, and ju&s;tice</HI> of our undertaking, We appeal to the judgment of the oppre&s;sed, betwixt their De&s;troyers and Us; Whether by the Law of God, of Nature, and Nations, it be not equally ju&s;tifiable in
<PB N="172" REF="194"> us <HI>to engage for the Safetie and Deliverance of this Na|tion,</HI> as it was with the <HI>Netherlanders,</HI> and other People for theirs, and upon the &s;ame Principles that the Army engaged at <HI>New-market</HI> and <HI>Triploe-heaths;</HI> both Par|liament and Army declaring, <HI>That it is no re&s;i&s;tance of Magi&s;tracy to &s;ide with ju&s;t Principles, and Law of Na|ture and Nations: And that the Souldiery may Law|fully hold the hands of that General, who will turn his Cannon again&s;t his Army, on purpo&s;e to de&s;troy them: The Sea men the hands of that Pilot, who wilfully runs his Ship upon a Rock.</HI> And therefore, (the condition of this Commonwealth con&s;idered) we cannot &s;ee how it can be otherwi&s;e e&s;teemed in us. And upon that Account we Declare, <HI>that we do owne, and are re&s;olved to owne all &s;uch per&s;ons, either of the Army or Countreys, that have already, or &s;hall hereafter, ri&s;e up and &s;tand for the Liberties of</HI> England, <HI>according to the &s;aid Agreement of the people:</HI> And in particular, <HI>We do own and a|vow the late proceedings in Colonel</HI> Scroops, <HI>Col.</HI> Har|ri&s;ons, <HI>and Major General</HI> Skippons <HI>Regiments, declared in their Re&s;olutions publi&s;hed in print; As</HI> One Man, <HI>Re|&s;olving to live and die with them, in their and our ju&s;t and mutual defence.</HI></P>
<P>And we do implore and invite all &s;uch as have any &s;en&s;e of the Bonds and Mi&s;eries upon the people; any Bowels of Compa&s;&s;ion in them, any Piety, Ju&s;tice, Honour, or Courage in their Brea&s;ts, any Affections to the Freedomes of <HI>England,</HI> any love to his Neighbour or Native Countrey, <HI>to ri&s;e up,</HI> and <HI>come in</HI> to help a di&s;tre&s;&s;ed mi&s;erable Nation, to break the <HI>Bonds of Crueltie, Tyranny,</HI> and <HI>Oppre&s;&s;ion,</HI> and &s;et the people <HI>Free.</HI></P>
<P>In which Service, Tru&s;ting to the undoubted goodne&s;&s;e of a ju&s;t and righteous Cau&s;e, We &s;hall faithfully di&s;charge
<PB N="173" REF="194"> the utmo&s;t of our Endeavours; Not &s;paring the venture of all hard&s;hips and hazards what&s;oever, and leave the Succe&s;&s;e to God.</P>
<CLOSER><SIGNED>Signed by me WILLIAM THOMPSON,</SIGNED>
<DATELINE>at our Randezvouz in <HI>Oxford&s;hire</HI> neer <HI>Banbury,</HI> in behalf of my Self, and the Re&s;t Engaged with me, <DATE>May 6. 1649.</DATE></DATELINE></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<DIV2 TYPE="part">
<HEAD>For a New Parliament, By the Agreement of the People.</HEAD>
<P>About this time Doctor <HI>Dori&s;laus</HI> a Civill Lawyer,<NOTE PLACE="marg">159. Doct. <HI>Dori&s;laus</HI> &s;tabbed to death in <HI>Holland.</HI></NOTE> &s;ometimes Judge Advocate to the Earle of <HI>E&s;&s;ex,</HI> and Lord <HI>Fairfax,</HI> and lately one of the Councel in the High Court of Ju&s;tice again&s;t the KING, and the 4. Lords, was &s;ent from the Parliament, Agent into <HI>Holland,</HI> where about 18. <HI>Scots-men,</HI> repayring to his lodging, 6. of them went up the &s;tayres to his Chamber, whil&s;t 12. of them made good the &s;tayre-foot, they &s;tabb'd him to death, and e&s;caped.</P>
<P>About the 14. day of <HI>May,</HI> 1649.<NOTE PLACE="marg">160. <HI>Ha&s;leriggs</HI> bar|barous motion to murder &s;ix Royali&s;ts of the be&s;t quali|ty in revenge of <HI>Dori&s;laus.</HI></NOTE> Report was made from the Councel of State to the Hou&s;e of the examination of 3. Servants of Doctor <HI>Dori&s;laus,</HI> concerning the Death of their Ma&s;ter; and what allowances were fit to be given to his Children out of the Kings Revenue, thereby to lay an a&s;per&s;ion upon the King (as if He having had an influence upon that Fact, His E&s;tate mu&s;t make the recompence, notwith&s;tanding Scoti&s;h-men did the deed in revenge of <HI>Hamiltons</HI> death) <HI>Dori&s;laus</HI> had been a poor School|ma&s;ter in the <HI>Low Countries</HI> formerly, from whence he was tran&s;|lated to read the <HI>Hi&s;tory-Lecture</HI> at <HI>Oxford,</HI> where he decried <HI>Mo|narchy</HI> in his fir&s;t <HI>Lecture:</HI> was complained of, and forgiven by the benignity of the <HI>King.</HI> Then he became Judge Advocate in the Kings Army in his expedition again&s;t the <HI>Scots:</HI> afterwards he had the like imployment, under the Earle of <HI>E&s;&s;ex:</HI> and la&s;tly, under Sir <HI>Tho. Fairfax.</HI> a great Gainer by his employ|ments, but withall, a great Antimonarchi&s;t, and a Saint in <HI>Crom|wells</HI> Rubrick, and therefore had a magnetique vertue both living and dead to draw money to him in abundance. Upon occa&s;ion of this Debate, <HI>Ha&s;lerigge</HI> moved, <HI>That</HI> 6. <HI>Gentlemen of the be&s;t
<PB N="174" REF="195"> quality [Royali&s;ts] might be put to Death as a revenge for</HI> Dori&s;|laus, <HI>and to deterre men from the like attempts hereafter.</HI> (That you may the better &s;ee of what Spirit <HI>Ha&s;lerigge</HI> is known, That &s;ome Northern Counties having petitioned the Commons for relief again&s;t the mi&s;erable famine raging there: <HI>Ha&s;lerigge</HI> oppo&s;ed their reque&s;t, &s;aying, <HI>The want of food would be&s;t defend tho&s;e Counties from Scotti&s;h Inva&s;ions.)</HI> What man that had any &s;en&s;e of Chri&s;tianity, Courage, Hone&s;ty, or Iu&s;tice, would have been the Authour of &s;o barbarous and unju&s;t a motion, That &s;ix Gentlemen no way con&s;cious nor privie to the fact &s;hould be offered up a &s;acrifice to revenge and malice, nay, to guilty fears and ba&s;e cowardic<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">, to keep off the like attempts from <HI>Ha&s;lerigge</HI> and his Party. I wi&s;h this Gentleman would reade the <HI>Alcharon</HI> (or new Independent Bible of the new Tran&s;lation) and from thence gather precepts of more Humanity, Ju&s;tice, Hone&s;ty and Courage, &s;ince he hath Read the Old and New Te&s;tament of <HI>Mo&s;es</HI> and <HI>Chri&s;t</HI> to &s;o little purpo&s;e. Yet the Hou&s;e, 18. of <HI>May,</HI> pa&s;&s;ed a Declaration, <HI>That if more Acts of the like nature happened hereafter, it &s;hould be retaliated upon &s;uch Gentlemen of the Kings Party as had not yet Compounded.</HI> But this is but a device to fright them to Compound, unle&s;&s;e it be a forerunner to a Ma&s;&s;a|cre heretofore taken into con&s;ideration at a Councell of Warre: See Sect. 117.</P>
<P><NOTE PLACE="marg">161. An act decla|ring more new Trea&s;ons.</NOTE>About this time came forth that prodigious Act, declaring four <HI>new Trea&s;ons</HI> with many complicated Trea&s;ons in their bellies, the like never heard of before in our Law, nor in any Kingdom or Re|publike of Chri&s;tendom: Becau&s;e I have formerly &s;poken of it, the Act it &s;elf printed, publi&s;ht, and dreadfully notorious throughout the whole Kingdom; I will refer you to the printed Copie; one|ly one clau&s;e formerly debated was omitted in the Act, <HI>viz. That to kill the Generall, Lieuten. Gen. any Members of this pre&s;ent Parl. or Counsel of State, to be declared Trea&s;on;</HI> this would have di&s;co|vered their guilty cowardize &s;o much they were a&s;hamed of it: be|&s;ides it was thought fit to make the People take a new Oath of Al|legiance to the new State. Fir&s;t, I will only give you &s;ome few Ob|&s;ervations thereupon. This Act declares to be Trea&s;on unto death and confi&s;cation of Lands all Deeds, Plots, and Words: (1.) Again&s;t this pre&s;ent fagge end of a Parliament, and again&s;t
<PB N="175" REF="195"> their never before heard-of Supream Authority and Govern|ment: for, when was this Kingdome ever governed by a Parlia|ment, or by any power con&s;tituted by them? (2.) All endea|vours to &s;ubvert <HI>the Keepers of the Liberty of England,</HI> and <HI>Coun|cell of State</HI> con&s;tituted, and to be from time to time con&s;tituted by Authority of Parliament, who are to be under the &s;aid Re|pre&s;entatives in Parliament, (if they plea&s;e, and not otherwi&s;e; for the <HI>Sword</HI> and the <HI>Pur&s;e</HI> tru&s;ted in the power of the Coun|cell of State) yet <HI>the Keepers of the Liberties of England</HI> and <HI>the Councell of State of England to be hereafter con&s;tituted by Parlia|ment,</HI> are <HI>Individua vaga,</HI> ayrie notions not yet named nor known, and when they are known we owe them no Allegiance, (without which no Trea&s;on) by the known Lawes of the Land, which is onely due to the King, His lawfull Heires and Succe&s;|&s;ours thereto &s;worn; nor any the particular Powers and Au|thorities, granted to this Parliament by the &s;aid Keepers of the Liberties of <HI>England,</HI> and Councell of State yet any where au|thentically publi&s;hed and made known to us by any one avowed Act, (unle&s;&s;e we &s;hall account their Licen&s;ed New Books to be &s;uch) and therefore they may u&s;urp what powers they plea&s;e: So that the&s;e men who involved us in a mi&s;erable Warre again&s;t the late Murdered KING, pretending He would en&s;lave us, and they would &s;et us free; have brought us &s;o far below the con|dition of the ba&s;e&s;t Slaves, that they abu&s;e us like brute Bea&s;ts, and having deprived us of our Religion, Lawes and Liberties; and drawn from us our money and bloud, they now deny us the u&s;e of rea&s;on and common &s;ence, belonging to us as Men, and Go|vern us by Arbitrary, irrationall Votes, with which they bait Traps to catch us: Woe be to that people who&s;e Rulers &s;et &s;nares to catch them, and are <HI>amari venatores contra Dominum,</HI> Men-hunters again&s;t God: nay, <HI>to move any Per&s;on to &s;tir up the People again&s;t their Authority is hereby declared, Trea&s;on:</HI> mark the ambiguity of the&s;e words (like the Devils Oracles) which he that hath Power and the Sword in his hands will interpret as he plea&s;e: If the Keeper of the Liberties of <HI>England,</HI> or Councell of State &s;hall extend too farre, or abu&s;e their Authority never &s;o much contrary to the Lawes of the Land, Rea&s;on, Ju&s;tice or the Lawes of God (as hath been lately done in this Ca&s;e of <HI>Lylburne,
<PB N="176" REF="196"> Walwyn, &amp;c.</HI>) no Lawyer, no Friend &s;hall dare to performe that Chri&s;tian duty of giving councell or help to the oppre&s;&s;ed&punc; here Fathers and Children, Husbands and Wives, Brothers and all re|lations mu&s;t for&s;ake, nay, betray one another, le&s;t the&s;e Tyrants interpret the&s;e duties to be, A moving of them to <HI>&s;tirre up the People again&s;t their Authority.</HI> 3. <HI>All endeavours to withdraw any Souldier or Officer from their obedience to their Superior Officer, or from the pre&s;ent Government,</HI> as afore&s;aid, By which words it is Trea&s;on: Fir&s;t, <HI>if any mans Child,</HI> or Servant, be inticed into this Army, and the Father or Ma&s;ter endeavour to withdraw him from &s;o plundering and roguing a kinde of life back to his pro|fe&s;&s;ion. Secondly, <HI>If any Commander or Officer</HI> &s;hall command his Souldiers to violate, wrong, or rob any man for the party &s;o aymed at, or &s;ome wel-meaning Friend to &s;et before the &s;aid Soul|diers the &s;inne and &s;hame of &s;uch actions, and di&s;&s;wade them from obeying &s;uch unlawfull commands. 4. If any man &s;hall pre&s;ume to counterfeit their counterfeit Great Seale, It is decla|red Trea&s;on. I wonder it is not Trea&s;on to counterfeit their counterfeit coyne! Behold here new minted Trea&s;ons current in no time and place but this afflicted Age and Nation: <HI>Edw.</HI> 3. <HI>anno</HI> 25. <HI>regni. ch.</HI> 2. pa&s;&s;ed an excellent Act to &s;ecure the People by reducing Trea&s;ons to a certainty, as our New Legi&s;lative. Ty|rants labour to en&s;nare the People by making Trea&s;ons uncer|taine and arbitrary;<NOTE PLACE="marg">Sic volo, &s;ic ju beo, it &s;hall be Trea&s;on, be cau&s;e they will call and Vote it &s;o.</NOTE> what they plea&s;e to call Trea&s;on &s;hall be Trea&s;on, though our knowne Lawes call it otherwi&s;e: we have long held our E&s;tates and Liberties, and mu&s;t now hold our Lives at the will of tho&s;e Grand Seigniours, one Vote of 40. or 50. fa|ctious Commons, Servants and Members of the Army vacates all our Lawes, Liberties, Properties, and de&s;troys our Lives. Be|hold here a &s;hort veiw of that Act which hath no Additions by any Act &s;ub&s;equent. See <HI>&s;tat.</HI> 1. <HI>Mariae, c.</HI> 10. Whereas diver&s;e opinions have been before this time, in what ca&s;es Trea&s;on &s;hall be &s;aid, and in what not, The King at the reque&s;t of the Lords and Commons, Declares:</P>
<P N="1"><NOTE PLACE="marg">See 1. H. 4. c. 10. 11. H. 7. c. 1.</NOTE>1. <HI>That to compa&s;&s;e or imagine the Death of the</HI> KING, (how much more to act it) <HI>Queen, or their elde&s;t Son and Heyre.</HI></P>
<P N="2">2. <HI>To violate the</HI> KING'S <HI>Companion, elde&s;t Daughter unmar|ried, or the Wife of the</HI> KING'S <HI>elde&s;t Son and Heyre.</HI></P>
<P N="3"><PB N="177" REF="196">3. <HI>To leavy War again&s;t the</HI> King, <HI>or adhere to his Enemies in his Realm, and thereof be proveably attained of open deed by people of their condition.</HI></P>
<P N="4">4. <HI>To counterfeit the</HI> King's <HI>Great or Privy Seal:</HI></P>
<P N="5">5. <HI>Or his M ney.</HI></P>
<P N="6">6. <HI>To &s;lay the</HI> King's <HI>Chancellor, Trea&s;urer, Ju&s;tices of one Bench or other, Ju&s;tices in Eyre, Ju&s;tices in A&s;&s;ize, and all other Ju&s;tices a&s;&s;igned to hear and determine, being in their Places doing their Offices.</HI></P>
<P><HI>If any other ca&s;e &s;uppo&s;ed Trea&s;on which is not above &s;pecified,</HI><NOTE PLACE="marg">So the four Lords ought to have been Tried, not by a new &s;hambles of Ju&s;tice.</NOTE> <HI>doth happen before any Ju&s;tices, the Ju&s;tices &s;hall tarry without any going to Judgement of the Trea&s;on, till the Cau&s;e be &s;hewed and de|clared before the</HI> King <HI>and his Parliament</HI> (not before the Hou&s;e of Commons only, or before both Hou&s;es without the King) <HI>whether it ought to be adjudged Trea&s;on.</HI></P>
<P>You &s;ee how few in number the&s;e Trea&s;ons &s;pecified are, and that they mu&s;t be attained of open deed by their Peers; our <HI>words were free under Monarchy, though not free under our Free-State;</HI> &s;o were they under the Romans. <HI>Tacitus, An.</HI> 1. <HI>&s;ub finem,</HI> &s;eaking of Trea&s;ons, <HI>facia arguebantut, dicta impune erant.</HI> The&s;e horrible tyrannies con&s;idered (and being de&s;titute of all other le&s;s de&s;perate relief) I do here &s;olemnly declare and prote&s;t before that God that hath made mee a Man, and not a Bea&s;t, a Free-man, and not a Slave, that if any man what&s;oever that ta|keth upon him the reverend name and title of a <HI>Judge or Ju&s;tice</HI> &s;hall give Sentence of Death upon any friend of mine upon this or any other illegal Act of this piece of a Hou&s;e of Commons, I will, and lawfully may (the en&s;laving &s;car-crow doctrine of all time-&s;erving, State-flattering Prie&s;ts and Mini&s;ters, notwith|&s;tanding) follow the examples of <HI>Samp&s;on, Judith, Jael,</HI> and <HI>Ehud,</HI> and by <HI>Ponyard, Pi&s;tol, Poy&s;on, or any other means what&s;oever, &s;e|cret, or open, pro&s;ecute to the Death the &s;aid Judge and Ju&s;tice, and all their principal Abettors:</HI> And I do here invite and exhort all generous free-born Engli&s;h-men to the like re&s;olutions, and to enter into Leagues defen&s;ive and offen&s;ive, and &s;acramental a&s;|&s;ociations (&s;even or eight in a company, or as many as can well confide in one another) to defend and revenge mutually one anothers Per&s;ons, Lives, Limbs, and Liberties as afore&s;aid, a|gain&s;t
<PB N="178" REF="197"> this, and all other illegal and tyrannous U&s;urpations.</P>
<P><NOTE PLACE="marg">162. A motion to inlarge Sir <HI>Will. Waller,</HI> &amp;c. And the Ge|nerals An&s;wer intimating the &s;ecuring of the Members to be done by confederacy with the Army-party in the Hou&s;e.</NOTE>About this time, or a little before, the General was moved to enlarge Sir <HI>William Waller,</HI> and the other Members illegally kept Pri&s;oners in <HI>Wind&s;or:</HI> He an&s;wered, <HI>They were no longer his, but the Parliaments pri&s;oners:</HI> It &s;hould &s;eem the Brute hath made a private deed of gift of them to his Journy-men of the Hou&s;e. The Generals Warrant &s;eized and impri&s;oned them, and not|with&s;tanding the Councel of Officers declared in Print, <HI>that they were preparing a Charge again&s;t them,</HI> yet the Knaves lyed like Saints; they were then &s;o far from having matter to accu&s;e them of, that they have ever &s;ince, hunted after a Charge again&s;t them, and endeavoured to &s;uborn Witne&s;&s;es; but after 24 weeks re&s;traint (whereas by the Law <HI>no man ought to be committed with|out an accu&s;ation</HI>) they have found nothing again&s;t them. This turning over of the&s;e Pri&s;oners to the Hou&s;e of Commons, proves what I formerly a&s;&s;erted in Sect. 24. <HI>That the violence of the Army in &s;ecuring, and &s;ecluding the Members, was by con&s;ent of their</HI> Somer&s;et-hou&s;e <HI>Junto now &s;itting in the Hou&s;e of Commons,</HI></P>
<P><NOTE PLACE="marg">163 The General &s;ends forth Warrants to all Ju&s;tices of the Peace to attach tho&s;e Levellers that he had rout|ed.</NOTE>The hone&s;t Levellers (mo&s;t of them Country-men) endea|vouring to draw to a Randezvouz, about 600. or 700. of them marched from <HI>Banbury</HI> to <HI>Burford</HI> in <HI>Oxford&s;hire,</HI> where lying &s;ecurely (becau&s;e they were upon treaty with the Enemy) their Quarters were beaten up, and about 180. of them taken Pri&s;o|ners, which their enemies (according to their u&s;ual cu&s;tome) to gain reputation by lying, reported to be &s;o many Hundreds. And the General (as if they had been all routed) &s;ent forth his Warrants to all Ju&s;tices of the Peace in the adjacent Counties, requiring them <HI>to apprehend and &s;ecure all &s;uch of them as &s;hall be found;</HI> I de&s;ire to know by what Authority the General takes upon him to command Ju&s;tices of the Peace who are not under his Power, and what tame Animals the&s;e Ju&s;tices are that will &s;ubmit to his commands? and whether he thinks the Civil Magi|&s;trate to be obnoxious to the Power of the Sword, and the Coun|cel of Officers?<NOTE PLACE="marg">See the Vote and Act for aboli&s;hing the Kingly office. 164.</NOTE> and his &s;ingle &s;elf the Supreme Magi&s;trate, or Tyrant Paramount, notwit&s;tanding the Vote of his Journey-men Commons, <HI>That no &s;ingle Man &s;hould be tru&s;ted with the Su|preme Power.</HI></P>
<P>The Levellers having po&s;&s;e&s;&s;ed them&s;elves of <HI>Northampton:</HI>
<PB N="179" REF="197"> the General (it is &s;aid) thought fit to take hold of the Horns of the Altar,<NOTE PLACE="marg">The General &s;ends to the City for addi|tional Forces</NOTE> and wrote to his va&s;&s;als of the City to &s;end their Trained Bands to his relief, that he might the better domineer over them; and continue their &s;lavery hereafter. But if the Ci|tizens have no more wit, I wi&s;h their Horns may be as vi&s;ible in their fore-heads, as the No&s;e in <HI>Olivers</HI> face.</P>
<P>To cozen the hone&s;t Levellers,<NOTE PLACE="marg">165. The Com|mons colou|rably debate to di&s;&s;olve this Parl. and &s;et|tle a &s;ucceed|ing Repre&s;en|tative.</NOTE> the Commons (in order to the ending this pre&s;ent Parliament) are debating how to pack a &s;uc|ceeding Repre&s;entative as wicked as them&s;elves, and of the &s;ame leaven; who&s;e Election &s;hall not be free, but bounded with &s;uch Orders of limitation and re&s;triction as &s;hall &s;hut out all men from electing or being elected, as are not preci&s;ely of the &s;ame principles and practices, and as deep engaged in their tyrannical, trayterous, cheating, bloody de&s;igns as them&s;elves, guilty Com|mittee-men, and Accountants to the State &s;hall be the next Re|pre&s;entative; and for the better lengthening of the bu&s;ine&s;&s;e (that they may &s;ee what &s;ucce&s;s (in the mean time) the Levellers will have) they wire-draw it through a Committee, and refer it to be debated by a Committee of the whole Hou&s;e. And at la&s;t (if they mu&s;t di&s;&s;olve) having packed them&s;elves into a Councel of State, they will u&s;urp the Supreme Authority there: to pre|pare the way to which de&s;ign, they have pa&s;&s;ed another Act, <HI>May</HI> 19. <HI>That the People &s;hall be Governed as a Free-&s;tate by Repre&s;enta|tives, and by &s;uch as they &s;hall con&s;titute;</HI> and then con&s;ider what kind of Repre&s;entatives we are like to have.</P>
<P>Great care is taken that the State (or rather our States-mens private pockets) might not be prejudiced by Judgments,<NOTE PLACE="marg">166. A debate how to defeat Judgments, Extents, &amp;c. upon Delin|quents lands. &s;ect.</NOTE> Ex|tents, &amp;c. lying upon Delinquents E&s;tates: you &s;ee notwith|&s;tanding their Declaratory Vote, <HI>That in things concerning the Lives, Liberties, and Prop<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">rties of the People, they would maintain the known Laws of the Land;</HI> yet this Vote (as well as all others) hath a <HI>condition implied,</HI> that is do no wayes hinder the Gains of our godly Grandees, otherwi&s;e they would not con&s;ider how to de|feat Creditors of their legal a&s;&s;urance.</P>
<P><HI>John Lilburne</HI> being ordered a clo&s;e Pri&s;oner in the Tower by the Commons without Pen, Ink, or Paper,<NOTE PLACE="marg">167. <HI>John Lilburne</HI> &s;tarving im|pri&s;onment in the Tower.</NOTE> (which was tyranny under King <HI>Charls,</HI> but not under K. <HI>Oliver</HI>) a Petition was pre|&s;ented to the Commons by many well-affected, that <HI>John</HI> might
<PB N="180" REF="198"> have the allowance u&s;ually and legally due to Pri&s;oners in the like ca&s;e for his &s;upport;<NOTE PLACE="marg">The allow|ance is 4 l. a Week as I conceive.</NOTE> which was rejected, in&s;omuch that <HI>John</HI> was kept 3 whole dayes with one half meales meat: this is to condemn men unheard to be murdered by famine in their <HI>pri|vate &s;laughter-hou&s;es,</HI> when they cannot, or dare not murder them in their <HI>pretended Courts of Judicature, or publick &s;hambles:</HI> yet afterwards, when the drawing together of the Levellers, and di&s;contents of <HI>Newca&s;tle</HI> affrighted the Commons, they Voted him the &s;hort allowance of 20 s. a week. Thus you &s;ee nothing but <HI>feares and dangers</HI> can kindle the lea&s;t &s;park of <HI>goodne&s;s and compa&s;&s;ion</HI> in their woolvi&s;h brea&s;ts: wherefore Lord (I be&s;eech thee) heap <HI>fears and terrors</HI> upon their guilty pates, till with <HI>Ju|das I&s;cariot</HI> they cry out, <HI>We have &s;inned in that we have betrayed innocent blood.</HI></P>
<P><NOTE PLACE="marg">168. Why <HI>Ireton</HI> laid down his Commi&s;&s;ion.</NOTE><HI>Cromwel</HI> being to march again&s;t the Levellers, left <HI>Ireton</HI> be|hind him (like a hobby daring of larks) to over-awe the Conven|ticle at <HI>We&s;tmin&s;ter,</HI> and &s;ee they chaunt no tune but of their &s;et|ting, the better to keep him&s;elf in a neutral reconciling po&s;ture: <HI>Ireton</HI> laid down his Commi&s;&s;ion, (which he can take up again at plea&s;ure) whereby he puts off all addre&s;&s;es to him from the le|velling party for the pre&s;ent. This poor fellow now keepeth his golden Coach which co&s;t 200 l. and 4 gallant Hor&s;es. The world is well altered with &s;uch petty Companions; and hereby the Souldiers may &s;ee what becomes of their Arrears. There hath been a &s;eeming falling out between <HI>Cromwel</HI> and <HI>Ireton.</HI></P>
<P><NOTE PLACE="marg">169. <HI>Hugh Peters</HI> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">i&s;its <HI>J. Lil|<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">urne</HI> in the Tower, and <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">he &s;um of <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">heir Con&s;e|<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ence. Witne&s;s his <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ampering with <HI>Hamil|<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">on, &amp;c.</HI></NOTE><HI>John Lilburne</HI> being a clo&s;e Pri&s;oner in the Tower (as hath been &s;aid) <HI>Hugh Peters</HI> (Chaplain in Ordinary to-two great Potentates, <HI>Lucifer</HI> and <HI>Oliver</HI>) came about dinner-time (<HI>May</HI> 25. 1649.) to vi&s;it him; and though admittance be denied to o|ther men, yet to him the Gates flew open: as &s;ure as Saint <HI>Peter</HI> keeps the keyes of Heaven, <HI>Hugh Peters</HI> keeps the keyes of our Hell and our Grandees Con&s;ciences, and openeth and &s;hutteth at plea&s;ure: he is Confe&s;&s;or at <HI>Tyburn,</HI> and hath a great power over damned Spirits, or rather over &s;uch Spirits, as not &s;ubmit|ting ba&s;ely to the tyranny of our State-Mountebanks, incur their condemnation in this world (by Gods permi&s;&s;ion) in or|der to their &s;alvation in the next world: the tyranny of the&s;e U&s;urpers implying at once, their cruelties over our bodies, and
<PB N="181" REF="198"> Gods mercy to our &s;ouls. <HI>Hugh's</HI> fir&s;t &s;alute was, <HI>That he came meerly to give</HI> John <HI>a vi&s;it, without any de&s;ign</HI> (his guilty con&s;ci|ence prompting him to a voluntary Apology.) <HI>John</HI> an&s;wered, <HI>I know you wel enough, you are one of the &s;etting Dogs of the great Men of the Army, with fair and plau&s;ible pretences to intimate into men, when they have done them wrong, and to workout their de&s;igns when they are in a &s;trait, and cover over the blots that they have made.</HI> Then <HI>John</HI> complained of the<NOTE N="&Verbar;" PLACE="marg">Compare this Act of the Kings, with the vio|lent act of tho&s;e Tray|tors and Ty|rants, <HI>Fairfax</HI> and his Coun|cel of War in impri&s;oning and &s;ecluding above 200. Members at once without cau&s;e &s;hewn, and leaving only 40 or 50 of their cheating Fa|ction in the Hou&s;e to car|ry on their bloody Anar|chical de|&s;igns; &s;ome of which &s;ecu|red Members with barba|rous u&s;age were almo&s;t brought to death, and their murder &s;ince attemp|ted by Souldi|ers.</NOTE> <HI>illegal and violent &s;eizing upon him by Souldi|ers, and carrying him before that new erected thing, called</HI> [A Councel of State] <HI>who committed him without any Accu&s;or, Accu&s;ation, Pro|&s;ecutor, or Witne&s;s, or any due proce&s;s of Law;</HI> and <HI>yet when the King impeached the five Members, and preferred a Charge of high Trea&s;on again&s;t them;</HI> Recorded 1. part Book of Decl. p. 35. <HI>and only failed in a &s;ingle punctilio of due proce&s;s of Law,</HI> they cryed outs, <HI>it was an inva&s;ion of the Peoples Liberties; &s;o that four or five Recantations from him</HI> (recorded in their own Declarations) <HI>would not &s;erve his turn. Peters</HI> half out of countenance (if &s;o pro&s;tituted a Villain that practi&s;es impudence among&s;t common Whores, and who&s;e Pulpit is more &s;hameful than another mans Pillory, can be out of countenance) takes up one of <HI>Coke's</HI> In&s;titutions, and pofe&s;&s;ed <HI>Lilburn was meerly gulled in reading or tru&s;ting to tho&s;e Books, for there were no Laws in</HI> England. <HI>John</HI> an&s;wered, <HI>he did beleeve him, for that his great Ma&s;ters,</HI> Cromwel, Fairfax, &amp;c. <HI>had destroyed them all. Nay</HI> (quoth <HI>Hugh) there never were any in England;</HI> with that <HI>John</HI> &s;hewed him <HI>the Petition of Right,</HI> asking him, <HI>whether that were Law?</HI> which <HI>Peters</HI> had the impudence to deny, asking, <HI>what Law was? John</HI> replied<NOTE N="*" PLACE="marg">The Law is now taken away and all things in confu&s;ion by turning our Monarchy (with|out or con&s;ent) into a Free-State of Slaves governed by Tyrants.</NOTE> out of the Parliaments own Declara|tions, <HI>The Law is that which puts a difference betwixt good, and evil; ju&s;t, and unju&s;t: If you take away the Law, all things will fall into, confu&s;ion, every man will become a law unto him&s;elf, which in the de|praved condition of humane nature mu&s;t needs produce great enormi|ties; Lu&s;t will become a law, Envy a law, Covetou&s;ne&s;s and Ambition will become laws; and what dictates, what deci&s;ions &s;uch laws will pro|duce, may ea&s;ily be di&s;cerned. This (Mr.</HI> Peters) <HI>is a Definition of Law by the Parliament in the dayes of their primitive purity, before
<PB N="182" REF="199"> they had corrupted them&s;elves with the Commonwealths money. And el&s;ewhere the Law is called, The &s;afeguard, the cu&s;tody of all private Intere&s;ts, your honours, lives, liberties, and e&s;tates, are all in the keep|ing of the Law, without this every man hath a like Right to any thing; It is the be&s;t birth-right the Subject hath: It is a mi&s;erable &s;ervitude or bondage where the Law is uncertain, or unknown.</HI> To this the Comick Prie&s;t replied, <HI>I tell you (for all this) there is no Law in this Nation but the Sword, and what it gives; neither was there any Law or Government in the world,</HI><NOTE PLACE="marg">This doctrine of Devils, that it is lawful to &s;ubmit to any pre&s;ent pow|er that is &s;tronge&s;t, is broached in a Pamphlet by old <HI>Row&s;e</HI> the illiterate Jew of <HI>Eaton-Col|ledge.</HI> And by <HI>John Goodwin</HI> the &s;ophi&s;ti|cal Divine; which is ful|ly con<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">uted in <HI>A Religi|ous Demurrer concerning &s;ubmi&s;&s;ion to the pre&s;ent power;</HI> an ex|cellent peece.</NOTE> <HI>but what the Sword gave.</HI> To this the hone&s;t Lievtenant Colonel an&s;wered, <HI>Mr.</HI> Peters, <HI>You are one of the Guides of the Army, u&s;ed by the chief Leaders to trumpet their Prin|ciples and Tenents; and if your rea&s;oning be good, then if &s;ix Theeves meet three or four hone&s;t men and rob them, that act is righteous, be|cau&s;e they are the &s;tronger Party.</HI> And <HI>if any power be a ju&s;t power that is uppermo&s;t, I wonder how the Army and Parliament can acquit them&s;elves of being Rebels and Traytors before God and man, in re|&s;i&s;ting and fighting again&s;t a ju&s;t power in the</HI> King, <HI>who was a power up and vi&s;ible, fenced about with abundance of Laws, &s;o reputed in the common acceptation of Men, by the expre&s;s letter of which all th<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">&s;e that fought again&s;t him are</HI> (ip&s;o facto) <HI>Traytors; and if it were not for the pre&s;ervation of our Laws and Liberties, why did the Parlia|ment fight again&s;t Him a pre&s;ent power in being? and if there be no Laws in</HI> England, <HI>nor never was, then you and your great M<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">&s;ters,</HI> Cromwel, Fairfax, <HI>and the Parliament, are a pack of bloody Rogues and Villains, to &s;et the People to murder one an<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ther, in fighting for pre&s;ervation of their Laws (in which their Liberties were included) which was the principal declared Cau&s;e of the War from the beginning to the end. I thought</HI> (quoth the Lievtenant Colonel) <HI>I had been &s;afe when I made the known Laws the rules of my actions, which you have all &s;worn and declared to Defend; and make as the &s;tandard and touch&s;tone between you and the People.</HI><NOTE N="*" PLACE="marg">The Laws are now no protection to us, nor the rule of our actions, but the arbitrary wills and lu&s;ts of the Grandees.</NOTE> <HI>I but</HI> (replied <HI>Hugh) I will &s;hew that your &s;afety lyes not therein, their minds may change, and then where are you? I but</HI> (quoth the Lievtenant Colonel) <HI>I cannot take notice of what is in their minds to obey that; but the con&s;tant Decla|ration of their minds (never contradicted in any of their Declarations) as, That they will maintain the Petition of Right, and Laws of the Land, &amp;c.</HI> This was the &s;ub&s;tance of their di&s;cour&s;e, &s;aving that <HI>John</HI> pinched upon his great Ma&s;ters large fingring of the Com|mon-wealths
<PB N="183" REF="199"> money, calling it <HI>Theft and State-Robbery,</HI> and &s;ay|ing, <HI>That</HI> Cromwel <HI>and</HI> Ireton <HI>pi&s;&s;ed both in one quill, though they &s;eem &s;ometime to go one again&s;t another; yet it is but that they may the more ea&s;ily carry on their main de&s;ign, To en&s;lave the People.</HI></P>
<P>Reader, I was the more willing to pre&s;ent the &s;umm of this Debate to thee, that by comparing their doctrine and principles with their daily practices, thou may&s;t perfectly &s;ee to what con|dition of &s;lavery the&s;e beggarly up&s;tart Tyrants and Traytors have reduced us by cheating us into a War again&s;t our lawful Soveraign, under pretence of <HI>defending our Laws and Liberties, and the Priviledges of Parliament,</HI> which them&s;elves onely (with a concurring faction in the Hou&s;e) have now openly, and in the face of the Sun pulled up by the roots; and now they &s;top our mouths, and &s;ilence our ju&s;t complaints with horrid,<NOTE PLACE="marg">Sect. 162.</NOTE> illegal and bloody Acts, Declaring <HI>words</HI> and <HI>deeds</HI> again&s;t their u&s;urpations and tyranny to be <HI>High Trea&s;on:</HI> nothing is now Trea&s;on but what the remaining faction of the Hou&s;e of Commons plea&s;e to call &s;o. <HI>To murder the King, break the Parliament by ho&s;tile force, put down the Hou&s;e of Lords, erect extrajudicial High Courts of Ju&s;tice to murder Men without Trial by Peers, or Jury, or any legal proceeding; to &s;ubvert the fundamental Government by Monarchy, and di&s;po&s;&s;e&s;s the right Heir of the Crown, and to u&s;urp his Su|preme Authority in</HI> a factious fagg-end of <HI>the Hou&s;e of Commons, to put the Kingly Government into</HI> a packed Junto of forty Ty|rants, called, <HI>A Councel of State; to exerci&s;e Martial Law in times of peace,</HI> and upon per&s;ons no Members of the Army; <HI>to rai&s;e</HI> what unnece&s;&s;ary <HI>illegal Taxes</HI> they plea&s;e, and &s;hare them and the Crown Lands and Revenues among&s;t them&s;elves, lea|ving the Souldiers unpaid to live <HI>upon Free-quarter,</HI> whil&s;t they abu&s;e the People with pretended <HI>Orders again&s;t Free-quarter; to alter the Styles of Commi&s;&s;ions, Patents, Proce&s;&s;e, and all Legal proceedings, and intoduce a forraign Juri&s;diction; to Counterfeit the Great Seal and Coin of the Kingdome,</HI> and to <HI>keep up Armies of Rebels</HI> to make good the&s;e and other Tyrannies and Trea&s;ons, is <HI>High Trea&s;on by the known Lawes;</HI> but now (by the Votes of the Conventicle of Commons) it is <HI>High Trea&s;on to &s;peak again&s;t the&s;e crimes.</HI> Good God! how long will thy patience &s;uffer the&s;e Fools to &s;ay in their hearts <HI>there is no God?</HI> and yet <HI>profe&s;s
<PB N="184" REF="200"> thee with their mouths?</HI> to break all Oathes, Covenants, and Prote&s;tations made in thy Name, to cloak and promote their De&s;ignes with dayes of impious fa&s;ting and thank&s;giving? how often have thy Thunderbolts rived &s;en&s;le&s;s Trees, and torn brute Bea&s;ts that &s;erve thee according to their Creation? yet thou pa&s;&s;e&s;t over the&s;e men who contemn thee, contrary to their knowledge and profe&s;&s;ions: <HI>Scatter the People that delight in War: Turn the Councels of the wi&s;e into folly, let the crafty be ta|ken in their own net;</HI> and now at la&s;t, <HI>let the Oppre&s;&s;ed ta&s;te of thy mercies, and the Oppre&s;&s;or, of thy ju&s;tice;</HI> throw thy rod into the fire, and let it no longer be a bundle bound together in thy right hand, They appeal to thee <HI>as Author</HI> of their <HI>pro&s;perous &s;ins,</HI> become (Lord) <HI>Author of their ju&s;t puni&s;hments;</HI> be&s;tow upon them the <HI>rewards of Hypocrites,</HI> and teach them to know the difference between the <HI>&s;aving &s;trength</HI> of Magi&s;trates, and the <HI>de&s;troying vio|lence</HI> of Hang-men: But what am I that argue again&s;t thy long-&s;uffering (whereof my &s;elf &s;tand in need) and &s;eek to ripen thy vengeance before thy time? <HI>Shall the Pot ask the Potter what he doth? I beheld the pro&s;perity of the wicked, and my feet had &s;lipped: Lord amend all</HI> in thy good time, and teach us heartily to pray, <HI>Thy will be done in Earth as it is in Heaven.</HI></P>
<P><NOTE PLACE="marg">170. The Act for Aboli&s;hing Monarchy proclaimed in <HI>London.</HI></NOTE> <HI>May</HI> 30. 1649. The afore&s;aid Trayterous Act <HI>for aboli&s;hing Kingly Government,</HI> and converting <HI>England</HI> into a <HI>Free-State,</HI> (con&s;i&s;ting of forty Tyrants, and many millions of &s;laves) was proclaimed in <HI>London</HI> by the newly intruded <HI>illegal Lord Mayor Andrewes,</HI> accompanied with 14 <HI>Aldermen</HI> of the &s;ame pack; the People in great abundance crying out, <HI>Away with it, away with it; GOD &s;ave King CHARLES the Second:</HI> and bit|terly reviling and cur&s;ing it and them, until &s;ome Troops of Hor&s;e (ready prepared in &s;ecret) were &s;ent to di&s;per&s;e, beat, and wound them: and yet the <HI>Trial of the King,</HI> and the &s;ubverting of our well-formed <HI>Monarchy</HI> (under which we lived &s;o happily heretofore) with all other Acts of the like high nature, was done <HI>in the name of the People of England,</HI> although (I dare &s;ay) at lea&s;t <HI>five hundred to one (if they were free from the terrour of an Army) would di&s;avow the&s;e horrid Acts;</HI> &s;o little are the People plea&s;ed with the&s;e doings: notwith&s;tanding the <HI>new Title</HI> the Conven|ticle of Commons have gulled them withall, Voting the People
<PB N="185" REF="200"> of <HI>England</HI> to be <HI>The Supreme Power,</HI> and the Commons repre|&s;enting them in Parliament, <HI>the Supreme Power of the Nation</HI> under them: This was purpo&s;ely &s;o contrived to <HI>ingage the whole City,</HI> and make them as de&s;perately and impardonably guilty as them&s;elves; and certainly if this Tumult of the People <HI>(amount|ing to a publick di&s;clamour of the Act)</HI> had not happened, the whole City had been <HI>guilty by way of connivance,</HI> as well as the&s;e <HI>Aldermen,</HI> and the <HI>illegal Common Councel,</HI> newly packed by the remaining Faction of Commons, contrary to the Cities Char|ters, to carry on the&s;e and &s;uch like De&s;igns, and <HI>intangle the whole City in their Crimes and Puni&s;hments.</HI></P>
<LIST>
<HEAD>* The Names of the Lord Mayor and Aldermen of the City of <HI>London</HI> that per&s;onally proclaimed the Act <HI>for aboli&s;hing Kingly Government.</HI></HEAD>
<ITEM>Alderman <HI>Andrews,</HI> Lord Mayor.</ITEM>
<ITEM>Alderman <HI>Pennington,</HI></ITEM>
<ITEM>Ald. <HI>Wolla&s;ton,</HI></ITEM>
<ITEM>Ald. <HI>Foulkes,</HI></ITEM>
<ITEM>Ald. <HI>Kenrick,</HI></ITEM>
<ITEM>Ald. <HI>Byde,</HI></ITEM>
<ITEM>Ald. <HI>Edmonds,</HI></ITEM>
<ITEM>Ald. <HI>Pack,</HI></ITEM>
<ITEM>Alderman <HI>Bateman,</HI></ITEM>
<ITEM>Ald. <HI>Atkins,</HI></ITEM>
<ITEM>Ald. <HI>Viner,</HI></ITEM>
<ITEM>Ald. <HI>Avery,</HI></ITEM>
<ITEM>Ald. <HI>Wil&s;on,</HI></ITEM>
<ITEM>Ald. <HI>Dethick,</HI></ITEM>
<ITEM>Ald. <HI>Foot.</HI></ITEM>
</LIST>
<P>The Phari&s;aical Hou&s;e of Commons voted an Act, <HI>June</HI> 1.<NOTE PLACE="marg">171. A Thank&s;-giving Dinner in the City for the Gene|ral, &amp;c.</NOTE> for a day of Thank&s;-giving to &s;et off K. <HI>Olivers</HI> Victory over the Levellers with the more lu&s;tre, and to &s;ing <HI>Ho&s;anna</HI> to him for bringing the grand Delinquent to puni&s;hment. The wi&s;e Lord Mayor and his Brethren (in imitation) invited the Parliament, Councel of State, the General, and his Officers, to a Thank&s;-giving Dinner upon that day. The Commons appointed a Com|mittee (under pretence of drawing more money from Adven|turers for the Relief of <HI>Ireland</HI>) to ingage the City farther to them; <HI>Cromwel</HI> had the Chair in that Committee: the device was, that the Common Councel &s;hould invite the Parliament,
<PB N="186" REF="201"> Councel of State, and Officers of the Army to Dinner, and fea&s;t them as a Free-State, and then move the Supplies for <HI>Ireland.</HI> But if the Levellers had prevailed, the Thank&s;-giving white-broth and cu&s;tard had been be&s;towed upon tho&s;e free-&s;pirited Blades, whom <HI>Oliver rai&s;ed into a mutiny with one hand,</HI> (and by ad|vantage of his Spies) <HI>cast down with another,</HI> for the glory of his own Name, and <HI>that he might have occa&s;ion to purge the Army (as he had done the Parliament) of all free-born humours.</HI></P>
<P><NOTE PLACE="marg">172. The Councel of State &s;it in pomp at <HI>White-hall.</HI></NOTE><HI>White-hall</HI> is now become the Palace of a <HI>Hydra of Tyrants in&s;tead of one King,</HI> where our <HI>Hogens Mogens,</HI> or <HI>Councel of State</HI> &s;it in as much &s;tate and &s;plendour, with their Rooms as richly hanged (I wi&s;h they were &s;o too) and furni&s;hed (if you will be|lieve their licenced News-books) as any Lords States in <HI>Europe;</HI> yet many of the&s;e <HI>Mu&s;hromes of Maje<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ty were but M<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">chanicks,</HI> Gold-&s;miths, Brewers, Weavers, Clothiers, Brewers Clerks, &amp;c. whom &s;cornful Fortune in a &s;piteful merriment brought upon the Stage, and promoted to act the parts of Kings (to &s;hew that Men are but her Tennis-balls) and when &s;he is weary with laugh|ing at their di&s;gui&s;es, will turn them <HI>into the Tyring Room out of their borrowed ca&s;es,</HI> and &s;hew us that our <HI>Lions</HI> are but <HI>her A&s;&s;es.</HI> The Kings poor Creditors and Servants may gape long enough (like Camelions) to &s;ee the afore&s;aid Ordinance executed, <HI>for &s;ale of the Kings Goods to pay their Debts;</HI> they (poor Souls) are left to &s;tarve while the&s;e Saints Triumphant revel in their Ma|&s;ters Goods and Hou&s;es.</P>
<P><NOTE PLACE="marg">173. A general &s;ur|vey to be ta|ken of the whole King|dome; that e|very mans E&s;tate both real and per&s;onal may be taxed.</NOTE>Orders about this time were &s;ent forth into <HI>London</HI> and the Counties adjacent <HI>for certain Committees to enquire upon Oath and certifie the improved value and revenue of every mans e&s;tate real and per&s;onal,</HI> wherein good progre&s;s hath been made al|ready; the like is to go forth throughout the Kingdome. That our forty mechanick Kings now &s;itting in <HI>White-hall,</HI> and the &s;elf-created &s;upreme Authority of the Nation, may take an ex|act &s;urvey (in imitation of <HI>William the Conquerors Book of Survey,</HI> called <HI>Domes-day,</HI> remaining in the <HI>Exchequer</HI>) of their new conquered Kingdome, and know what they are like to get by their villanies; and how to load us with Taxes and Free-quarter, and what the value of their E&s;tates are when they have com|pleated their De&s;ign <HI>of Seque&s;tring the Presbyterians as they have done the Royali&s;ts.</HI></P>
<PB N="187" REF="201">
<P>The faction in the Hou&s;e are, this beginning of <HI>June,</HI><NOTE PLACE="marg">174. An Act ena|bling Com|mittees to give Oaths.</NOTE> 1649. &s;itting abrood upon an Act <HI>to inable Committees to give Oaths in &s;ome ca&s;es;</HI> and yet the <HI>Hou&s;e of Commons never had</HI> nor pretended to have <HI>power to give Oathes</HI> them&s;elves (though every Court of <HI>Py-p wders</HI> hath) becau&s;e the <HI>Hou&s;e of Commons is no Court of Judicature,</HI> but only the <HI>Grand Inque&s;t of the Kingdome, to pre&s;ent to the King the grievance and the nece&s;&s;ities of the People by way of humble Petition;</HI> as appears by the Law-books and Statutes: and therefore the Commons can grant no more than they have them&s;elves. But now the remaining faction of the Hou&s;e have voted them&s;elves to be <HI>the &s;upreme Authority of the Nation,</HI> and have a Sword to maintain it, they and we mu&s;t be what they plea&s;e; yet I mu&s;t affirm, that to take <HI>illegal Oaths</HI> is never ju&s;ti|fiable before God nor Man, and no le&s;s than <HI>damnable.</HI> But it may be) that by accu&s;toming the People to take the&s;e new-impo&s;ed, illegal Oaths, they hope to make them the more ea&s;ily &s;wallow their intended <HI>new Oath of Allegiance</HI> to their <HI>new State</HI> and their own Damnation together hereafter.</P>
<P>All the Scrivenors about the Town are commanded by the Supreme thing <HI>to produce their Shop-books,</HI><NOTE PLACE="marg">175. Scrivenors commanded to &s;hew &s;hop-books.</NOTE> that notice may be taken who are guilty of having money in their pur&s;es, that the fatte&s;t and fulle&s;t may be culled out, and &s;eque&s;tred for Delin|quents, now that their almighty Saint-&s;hips have occa&s;ion to u&s;e it for defence of their Free-State, if they would but &s;earch one anothers private pockets they would finde money enough. The like attempt (onely) in the Kings time was cried out upon as a high piece of tyranny, but nothing can be tyranny under a Free-State: The Supreme Authority being &s;o full a Repre|&s;entative-gla&s;s of the People, that it takes our very &s;ub&s;tance in|to it &s;elf, and leaves us onely the &s;hadow, whil&s;t we wander up and down like our own Gho&s;ts, who having lived under the Monarchy of Good <HI>King</HI> CHARLES, are now dead and de&s;|cended like &s;hades into the Kingdome of <HI>Pluto.</HI></P>
<P>The 7. <HI>June,</HI><NOTE PLACE="marg">176. The afore&s;aid Thank&s;giving &s;olemnized.</NOTE> 1649. the Thank&s;-giving (&s;poken of Sect. 172.) was &s;olemnized in the City: The Lord Mayor meeting the Speaker, re&s;igned to him (as formerly was u&s;ed to the King) the Sword of State (as had been ordered by the Hou&s;e the day before) and received it again from him; and then the Mayor conducted
<PB N="188" REF="202"> them all to <HI>Chri&s;t-Church,</HI> where the Commons, Councel of State, General, and his Officers, together with the Mayor, Al|dermen, and Common Councel, &amp;c. mocked God with their Devotions, where Mr. <HI>Tho. Goodwin,</HI> and Mr. <HI>Owen</HI> preached out of the Politicks to them; from thence they were conducted to a great Dinner at <HI>Grocers-hall,</HI> and entertained in the quality of a <HI>Free State,</HI> no man bring admitted without delivering his Ticket. They were all &s;trongly guarded with Souldiers, and every Cook had an Oath given to be true to them, which &s;h<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">wed they had more of fear and guilt thah of confidence and innocency within them. Great Pre&s;ents of Plate given to his Excellency <HI>Fairfax,</HI> and to his Super-excellency <HI>Cromw l,</HI> and to others, fit to be chronicled in <HI>Stow<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"></HI> and <HI>Holling&s;heads</HI> Volumes,<NOTE PLACE="marg">177. A nece&s;&s;ary adverti&s;ement to all hone&s;t Presbyterians See K. <HI>Charles</HI> the fir&s;t his book <HI>[The Portraicture of his Maje&s;ty in his &s;olitudes &amp; &s;ufferings]</HI> Some over|ha&s;tily expect the King &s;hould &s;atisfie the Presbyterians by his Decla|ration; but the height of the Independents malice &amp; their guilty fears are &s;uch as may endanger the d awing on a Ma&s;&s;ac<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e upon them by &s;uch a cour&s;e.</NOTE> among&s;t other &s;olemn Fooleries; let it not be omitted that <HI>Hugh Peter</HI> and ma|ny other Saints were too full of the Creature <HI>(anglice)</HI> Drunk.</P>
<P>I am to give a nece&s;&s;ary adverti&s;ement to all men, that though the young <HI>King</HI> &s;hews much re&s;pect and a de&s;ire of reconcile|ment (according to his dead Fathers never-dying precepts) to all moderate men and Presbyterians that make Addre&s;&s;es to Him, yet it is complained of by &s;ome (who look not into the un|dermining practi&s;es of our new Stati&s;ts) that &s;ome few of His Coun&s;ellors and Followers are as violent again&s;t the more mo|derate and hone&s;t Presbyterians, as again&s;t the Independents who murdered his Father; but the&s;e zealous Royali&s;t, are either &s;ome pa&s;&s;ionate light-brain'd men of little di&s;cretion and le&s;s power with him, or el&s;e &s;ome fal&s;e-hearted Pen<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ioners to our new State, and &s;uch as have under-hand an Indemnity for their own E&s;tates in <HI>England,</HI> who &s;tand like Scar-crows about His Maje&s;ty to fright away &s;uch as return to their Loyalty, and ten|der their due Allegiance to Him, thereby to weaken the hands of his Maje&s;ty, and cut off the hopes of this Nation from depen|ding upon him, who as our undoubted Sovereign (both by the Laws of God and the Land) and Gods Vice-geren<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> in His three, Kingdomes, onely can and will (if we for&s;ake not him and our &s;elves) free and protect us from the many-headed, mi&s;erable, ar|bitrary tyranny we now &s;tarve and bleed under; and re&s;tore un|to us again our Religion, Laws and Liberties, our Wives, Chil|dren, and E&s;tates, Trading, Husbandry, peace and plen<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">y now
<PB N="189" REF="202"> held in more than Aegyptian bondage, by our cruel, bloody, and thievi&s;h Task-ma&s;ters;<NOTE PLACE="marg">See a Book, entituted <HI>[His Maje&s;ties gra|cious Me&s;&s;ages for peace.]</HI> Mr. <HI>Pryns</HI> Speech, 5. <HI>Dec.</HI> 1648. in the Hou&s;e. And the &s;ecu|red Members Reply to the Councel of War.</NOTE> <HI>Remember his decea&s;ed Maje&s;ties gracious Me&s;&s;ages</HI> frequently &s;ent for peace and reconcilement; <HI>Remem|ber His Conce&s;&s;ions</HI> to His Parliament upon the la&s;t Treaty; (more than ever any King granted to His People.) <HI>Remember His pious meek and Chri&s;tian Martyrdome</HI> &s;uffered for His People, which bitter Cup had pa&s;&s;ed from Him if He would have built up and e&s;tabli&s;hed this <HI>Babel</HI> of Tyranny now in&s;ulting over us, and have turned our wel-mixed Monarchy into an Olygarchical legal Ty|ranny, by adding His Royal A&s;&s;ent to their wicked Demands tendered to Him but two dayes before His Tran&s;lation from this valley of teares. <HI>Remember His Po&s;thumus Book to His Son, full of Prec<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">pts,</HI> &s;avouring meerly of piety, Chri&s;tian wi&s;dom, charitie, and forgivene&s;s, to His very Enemies; and then judge whether our late King, or our u&s;urping Kinglings (now &s;cratching and tearing us, making one War beget another,<NOTE PLACE="marg">1 King. 3.</NOTE> perpetuating an Ar|my, and domineering over us by the power of the Sword) were the natural Parent, who&s;e bowels yearned upon this (now) Or|phan Child, the Engli&s;h Nation dying and expiring under this new Corporation of Tyrants,<NOTE PLACE="marg">Oath of Alle|giance, and Stat. of Re|cognition, 1 <HI>Jacobi.</HI></NOTE> (the putative Patent) which over|layed it? He that acknowledged Allegiance to the Father, can|not deny it to his Son, as having <HI>&s;worn to hear faith and true Allegi|ance to the King his Father, and to his lawful Heirs and Succe&s;&s;ors;</HI> which our u&s;urping <HI>Hogens Mogens</HI> cannot pretend to be: &s;o that as well for duty and con&s;cience to God and their own Souls, as for a nece&s;&s;ary and ju&s;t protection of their lives and e&s;tates, all hone&s;t and wi&s;e men ought to ca&s;t them&s;elves into the Arms of his D<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ead Maje&s;ty our pre&s;ent <HI>KING,</HI> as the only &s;anctuary of their &s;alvation, and not &s;uffer them&s;elves to be &s;o far mi&s;-led by vain reports, as to be more afraid of their cure than of their di&s;ea&s;e.</P>
<Q>Stultorum incurata pudor malas ulcera celat.</Q>
<P><HI>S<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">lomon</HI> hath &s;hewed you out of the Cabinet of Nature the dif|ference between a Natural-mother and a Step-mother;<NOTE PLACE="marg">Dictum de Kennel|worth.</NOTE> and that you may &s;ee the difference between a natural King, correcting his own people with fatherly compa&s;&s;ion for examples &s;ake; and a U&s;urper, wounding, killing and robbing (tho&s;e which are none
<PB N="190" REF="203"> of his own) his fellow-&s;ervants for his lu&s;t and lucre &s;ake, I will &s;et down a &s;hort Abridgement of our own famous <HI>Dictum de Ken|nelworth,</HI> and fir&s;t the occa&s;ion thereof, which was thus:</P>
<P><HI>Simon de Montford,</HI> Earl of <HI>Leice&s;ter,</HI> con&s;piring with many other great men, rebelled again&s;t <HI>Henry</HI> 3. pretending (after the manner of all Rebels) <HI>Reformati|on of publick Grievances.</HI> He overthrew the King in battel, took Him and his Son Prince <HI>Edward</HI> Pri&s;oners; the Prince after a while e&s;caped out of Pri&s;on, rai&s;ed an Army, overthrew and &s;lew in the Battel of <HI>Eve&s;ham Si|mon Montford,</HI> &s;ubdued the whole Party, re&s;cued and re-inthroned his Father. Cummi&s;&s;ions were &s;ent forth to prevent future troubles, and &s;ettle mem minds grown de&s;perate with fear what horrid puni&s;hents &s;o horrible a Rebellion would bring upon them: The re&s;ult of all is contained in the &s;aid <HI>Dictum de Kennelworth,</HI> as I find it in <HI>Magna Charta veteri, fol.</HI> 60. <HI>part.</HI> 2. ob&s;erve the mo|deration pf it; No man bled to death for it but in the field; the blood of war was not &s;hed in time of peace; the King did not &s;lay tho&s;e whom he had taken with his Sword and with his Bow, but rea&s;onably fined them, not unto de&s;truction: though the known Laws called them <HI>Traitors,</HI><NOTE PLACE="marg">See the late Hi&s;tory of the Marque&s;s of <HI>Montro&s;s,</HI> what gentle u&s;e he made of his Victory after he had &s;ubdued the &s;trength of <HI>Scotland</HI> at Battel of <HI>Kyl&s;ythe.</HI></NOTE> and put them into his power for life, lands and goods; they were but once puni&s;hed, not always tormented and kept upon the rack, after the late cu&s;tom of our fellow-Servants and Subjects; who will never &s;uffer the partition-wall between us to be thrown down, <HI>England</HI> once more to become one Nation, and one people; and our broken bones to be again &s;et and knit together.</P>
<Q><PB N="191" REF="203">
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="document">
<HEAD>Dictum de Kennelworth.</HEAD>
<P><HI>None to be Di&s;-inherited, but onely fined: As namely, Tho&s;e</HI></P>
<P N="1">1. <HI>That began and continued in War.</HI> 2. <HI>That held</HI> Northampton <HI>again&s;t the King.</HI> 3. <HI>That fought again&s;t him at</HI> Lewis, Eve&s;ham, Che&s;terfeild. 4. <HI>That were taken at</HI> Kenilworth. 5. <HI>That &s;acked</HI> Winche&s;ter, <HI>being yet unpardoned.</HI> 6. <HI>That voluntary &s;ent again&s;t him, or the Prince.</HI> 7. <HI>The officers of the Earl of</HI> Leice&s;ters <HI>who mole&s;ted their Neighbours with Rapine, Fire, Murder, or otherwi&s;e, to pay in three years five years value, and half their e&s;tates of Land. If they &s;ell it, &s;uch as are by the Kings grant po&s;&s;e&s;&s;ed of them to have them, giving as any other, &amp;c. and &s;o if it be to be Let, tho&s;e who pay the whole to have all in&s;tantly, and that pay half, to have half: If in three years the whole be unpaid, the Land to be divi|ded between him that ows it, and him to whom the King hath given it. If any have Woods by &s;ale of which he would pay his Fine, the money to be paid by two, of which either &s;ide to chu&s;e one.</HI></P>
<P N="2">2. <HI>Knights and E&s;quires, who during the War have enriched them&s;elves by Rapine, having no Land, to pay half their goods, and be bound with Sureties to the peace; if no goods be acquitted by Oath,</HI> exceptis bannitis quibus &s;olus, Rex pote&s;t remittere.</P>
<P N="3">3. <HI>Lords of Wards to pay for them, and be an&s;wered by their Wards when they come to age; which if they ac|cept not, the Ward&s;hip to accrue to &s;uch as the King hath given the Ran&s;ome to, and they to be &s;o an&s;wered.</HI></P>
<P N="4"><PB N="192" REF="204">4. <HI>The Kings Wards to remain where they are placed, and be Ran&s;omed as others, but without de&s;truction.</HI></P>
<P N="5">5. <HI>Such as were with the King before the battel of</HI> Lewis, <HI>and &s;ince are Di&s;-inherited, His Maje&s;ty to de|clare his plea&s;ure touching them.</HI></P>
<P N="6">6. <HI>No man po&s;&s;e&s;t of wood to fell any, but onely for repair, till the la&s;t day of payment be pa&s;&s;ed and not ob|&s;erved.</HI></P>
<P N="7">7. <HI>The King and the Popes Legate to &s;end beyond &s;ea for a time &s;uch as are likely to trouble the peace of the Kingdome, which if it hindered the paying of their Ran|&s;ome, not for that to be Di&s;-inherited.</HI></P>
<P N="8">8. <HI>Such as were grieved with this Agreement might appeal to the Kings Court before S.</HI> Hilary, <HI>and &s;uch as were beyond &s;ea to have</HI> inducias tran&s;marinas.</P>
<P N="9">9. <HI>Becau&s;e the King was to reward many and &s;ome had too much, the King out of the Fines to provide for them.</HI></P>
<P N="10">10. <HI>The Legate, King, and</HI> Henry d'Almain <HI>to Elect twelve who &s;hould eau&s;e the&s;e Articles to be executed, and to &s;ee performed what they ordain, according to the e&s;timates already taken, or if not to have new rates taken rea&s;onable and true.</HI></P>
<P N="11">11. <HI>Tenents that were again&s;t the King to lo&s;e their Lea&s;es; but at the expiration of their time the Land to return to the true owner.</HI></P>
<P N="12"><PB N="193" REF="204">12. <HI>Forts built by the a&s;&s;ent of the King, but without that of the Per&s;on di&s;-inherited, after the Fine paid in three years, to pay the co&s;ts of building of it in &s;ix years, or receive a rea&s;onable exchange in Land.</HI></P>
<P N="13">13. <HI>Such of the Lay as apparently drew any to the part of the Earl of</HI> Leice&s;ter <HI>to pay two years Revenue.</HI></P>
<P N="14">14. <HI>The Buyers of other mens goods wittingly, to re|&s;tore the value of that they have bought, and be at the Kings mercy, becau&s;e that they did was again&s;t ju&s;tice.</HI></P>
<P N="15">15. <HI>Tho&s;e that at the Earls command entred</HI> Nor|thampton, <HI>yet fought not, but entred the Church.</HI></P>
<P N="16">16. <HI>Such as held not of the Earl, yet at his command en|tred to the action with him to pay half one years Revenue.</HI></P>
<P N="17">17. <HI>Such as held of the Earl to be only at the Kings mercy.</HI></P>
<P N="18">18. <HI>Impotent per&s;ons, and &s;uch as did nothing to be re&s;tored to their Po&s;&s;e&s;&s;ions, and by ju&s;tice recover their damages, their Accu&s;ers puni&s;h'd by Law, yet without lo&s;s of life or limb.</HI></P>
<P N="19">19. <HI>Maliciou&s;ly accu&s;ed to have their E&s;tates imme|diately re&s;tored.</HI></P>
<P N="20">20. <HI>Women to have their own Lands, and what they had of their fir&s;t Husbands; if their late Husbands were again&s;t the King to be re&s;tored according to Law, or Fined.</HI></P>
<P N="21"><PB N="194" REF="205">21. <HI>None to be fined but &s;uch as were again&s;t the King.</HI></P>
<P N="22">22. <HI>Such as have been pardoned to remain &s;o.</HI></P>
<P N="23">23. <HI>Tho&s;e that are fined to an&s;wer no Lo&s;s done to any, but all damages to be remitted on every &s;ide; except tho&s;e that intermedled not, and of the Church, who&s;e actions are &s;aved.</HI></P>
<P N="24">24. <HI>The King by rea&s;onable Exchange to receive the Ca&s;tles of</HI> Erd&s;ley-Bi&s;hop, <HI>and</HI> Chartley, <HI>it &s;eeming dangerous to leave Forts in their hands who have carri|ed them&s;elves ill towards the King.</HI></P>
<P N="25">25. <HI>Tho&s;e that in the future &s;hall commit any out|rages to be puni&s;hed by Law.</HI></P>
<P N="26">26. <HI>An Oath to be taken where it &s;hall be held conve|nient, not to pur&s;ue each other with revenge; and if any &s;hall attempt the contrary, to be puni&s;hed according to Law.</HI></P>
<P N="27">27. <HI>The Church to be &s;atisfied by tho&s;e that injured it.</HI></P>
<P N="28">28. <HI>Such of the Di&s;-inherited as refu&s;e this Compo&s;i|tion to have no Title to their E&s;tates, and to be e&s;teemed publick Enemies to the King and Kingdome.</HI></P>
<P N="29">29. <HI>Pri&s;oners to be freed by the advice of the King and Legate.</HI></P>
<P N="30">30. <HI>No Per&s;on to be Di&s;-inherited by rea&s;on of the&s;e Troubles by any to whom he ought to Succeed.</HI></P>
</DIV1>
</BODY>
</TEXT></Q>
<PB N="195" REF="205">
<P>You &s;ee what great care was here taken to prevent &s;poyl and wa&s;te of Woods, &amp;c. whereas in this latter Age the fir&s;t thing taken into con&s;ideration, is, how to rai&s;e ready Money by de|&s;truction of Woods, Hou&s;ing, and &s;elling of the Stock, to lay the Lands wa&s;te, and decay Husbandry to the endangering of a Fa|mine for the pre&s;ent, and the Di&s;-inheriting our innocent Po|&s;terity for the future; &s;o little care is taken to keep that well which is &s;o ill and illegally gotten. And how much regard was had to pre&s;erve innocent Per&s;ons from &s;uffering wrong in any ju&s;t claim or Title they could make to any Land po&s;&s;e&s;&s;ed by a guilty Per&s;on; whether they claimed by Dower, Joynture, Title or E&s;tate in Rever&s;ion, or Remainder, or otherwi&s;e: I wi&s;h the like ju&s;tice were now ob&s;erved.</P>
<P>Monday night, 4. <HI>June,</HI><NOTE PLACE="marg">178. The lo&s;s of Ships at <HI>King|&s;ale</HI> &s;uppre&s;|&s;ed, and mi&s;|reported in the Hou&s;e, and why?</NOTE> 1649. that third part of a Lord Admi|ral, Col. <HI>Edw. <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">opham</HI> came to <HI>We&s;tmin&s;ter,</HI> and pre&s;ently made his Addre&s;&s;es to the high and mighty E&s;tates in <HI>White-hall,</HI> giving them a di&s;mal Relation of his ill &s;ucce&s;s in tampering with the Governour of <HI>King&s;ale</HI> in <HI>Ireland,</HI> who (proving hone&s;ter than the Saints expected) took a &s;umme of money of him to betray the Town, Forts, and Ships in the Road: but when <HI>Popham</HI> came in to the Haven to take po&s;&s;e&s;&s;ion of his new purcha&s;e, gave him &s;uch a Gun-powder welcome, that he lo&s;t mo&s;t of his Men, landed to take livery and &s;ei&s;in, and divers Ships; he was commanded to conceal this ill news, le&s;t it di&s;couraged the City to engage &s;o far with them, as to entertain them in the condition of a Free-State, and &s;urrender the Sword to them, and &s;o &s;poil the De&s;ign of their Thank&s;giving Devotions and Din|ner to be celebrated together, in, and with the City upon Thur&s;|day en&s;uing the 7. of <HI>June;</HI> and le&s;t it &s;hould di&s;hearten more &s;ecluded Members from comming to &s;it in the Hou&s;e with them again, knowing, <HI>that Tyrants are followed for their fortunes, not for them&s;elves;</HI> wherefore, upon Tue&s;day following (being the 5. <HI>Jun:) Popham</HI> made another kinde of Report to the Plebeians of the Commons Hou&s;e (who mu&s;t not be tru&s;ted with the truth of State-my&s;teries, but (like Wood-cocks) mu&s;t be led in a mi&s;t) <HI>That he had left</HI> King&s;ale <HI>blocked up with ten Ships, and the Seas &s;e|cured in peace and quietne&s;s;</HI> and the better to adorn the fable, and &s;uppre&s;s the truth from approaching the ears of the people,
<PB N="196" REF="206"> the Hou&s;e that day (15. <HI>June</HI>) pa&s;&s;ed an Order, <HI>That for this re|markable additional mercy be&s;towed upon them in the pro&s;perous &s;uc|ce&s;s given to their Fleet at Sea, upon Thur&s;day next,</HI> 7. June <HI>(the day &s;et apart for publick Thanksgiving) the Mini&s;ters &s;hould prai&s;e God.</HI> Lord! &s;ince there audacious Saints are &s;o thankful to thee for one beating, be&s;tow many more beatings upon there, for they &s;tand in need of all thy corrections. The like attempt hath been upon <HI>Scilly</HI> with the like &s;ucce&s;s,<NOTE PLACE="marg"><HI>Scout,</HI> from <HI>June</HI> the 8. to 15. 1649. 179. Gifts given among&s;t the Faction.</NOTE> &s;ince which time forty &s;ail of Ships are pre&s;&s;ed in the <HI>Thames</HI> to recruit the &s;hattered Navy, given forth <HI>to be a Winter Guard at</HI> Mid&s;ummer.</P>
<P><HI>John Blacki&s;ton</HI> is packed away to the other world; and the Hou&s;e upon 6. <HI>June,</HI> voted to Wife and Children 3000 l. out of the Earle of <HI>Newca&s;tle's,</HI> and Lord <HI>Wytherington's</HI> E&s;tates, in compen&s;ation of the lo&s;s of his Pedlery Ware, in his Shop at <HI>Newca&s;tle;</HI> he had formerly given to him 14000 l. you &s;ee the in|&s;atiate hunger of Gold and Silver &s;urvives in the very Gho&s;t of a Saint after he is dead: 500 l. more was given to <HI>Johns</HI> Brother; an E&s;tate out of the Rectory and Deme&s;nes of <HI>Burford</HI> was &s;et|led upon the Speaker. 400 l. <HI>per ann.</HI> Lands are be &s;etled upon the General out of the Duke of <HI>Buckinghams</HI> and his Brother the Lord <HI>Francis Villers</HI> E&s;tates. 400 l. <HI>per ann.</HI> out of <HI>Claringdon Park</HI> upon the Earle of <HI>Pembroke.</HI> 1000 l. was be&s;towed upon an eminent Member of Parliament for his many good Services. 4868 l. to the Lord <HI>Li&s;le,</HI> out of the Monthly A&s;&s;e&s;ment for <HI>Ire|land,</HI> for his penny-worth of good &s;ervice done there; you &s;ee to what purpo&s;e we pay Taxes. 2000 l. Land <HI>per an.</HI> and 1000 l. Mo|ney given to <HI>Brad&s;haw,</HI> the price of Bood. And 400 l. more given to the Poor of the City (to &s;top their mouths from cur&s;ing upon the Thank&s;giving-day) out of the 2000 l. Fine &s;et upon the Lord Mayor <HI>Reynold&s;on for not proclaiming the Act for aboli&s;hing Kingly Government;</HI> this is (according to the Spani&s;h Proverb) <HI>To &s;teal a Sheep, and give away the Trotters for Gods &s;ake.</HI> You &s;ee the Saints can finde Money to give Gifts, though not to pay Debts; although the Publick Faith lye at pawn for them. A Committee is appointed to con&s;ider how to prefer Mr. <HI>Tho. Goodwin</HI> and Mr. <HI>Owen</HI> to he Heads of Colledges in <HI>Oxford</HI> as a Reward for a&s;&s;erting the late proceedings of Parliament upon the afore&s;aid Thank&s;giving-day. It is not fit &s;uch men &s;hould
<PB N="197" REF="206"> &s;erve God for nothing: in the times of S. <HI>Peter</HI> and S. <HI>Paul, God|line&s;s was great Gain;</HI> but in the daies of our modern Saints, <HI>Gain is great Godline&s;s.</HI></P>
<P>The thing that mi&s;calls its &s;elf a <HI>Parliament,</HI><NOTE PLACE="marg">180. The Kxci&s;e enlarged up|on Salt.</NOTE> hath &s;et an Ex|ci&s;e of 1 d. the Gallon upon all forraign &s;alt imported; which is, in effect upon all the &s;alt we u&s;e, (our home-made &s;alt being in|con&s;iderable) you &s;ee our Cups, our Spits, our powdring-Tubs, our wa&s;hing-bowles, our Kettles, our Hats, Dublets, Breeches, Stockings, Shooes; nothing we u&s;e, eat, drink or wear, is free from being devoured by the&s;e &s;anctified Locu&s;ts of the Free-State, who complained of the King for that petty incon&s;iderable Tax of <HI>Ship-m<GAP DESC="illegible" EXTENT="1 letter">ney,</HI> which His Maje&s;ty &s;pent in maintaining Guards of Ships upon our Seas, &s;o much to the Honour of our Nation, that the King of <HI>Spain</HI> tru&s;ted all tho&s;e va&s;t &s;umms of Bullion he &s;ent to the <HI>Low-C<GAP DESC="illegible" EXTENT="1 letter">untries,</HI> to be Coined in our Mint, and above a third part yearly to be laid out here in Engli&s;h Cloth and Commodities, which with the re&s;idue of the Spani&s;h Trea&s;ure was afterwards wafted over into <HI>Flaunders</HI> in Engli&s;h Bottomes, for which they were liberally payed; whereby every mans e&s;tate was increa&s;ed 10 l. in the hundred, <HI>England</HI> infinitely abounded with Coin and Plate, as appeares by tho&s;e many va&s;t &s;umms that have been con&s;tantly extorted from the People &s;ince the beginning of the&s;e Wars; more, I dare &s;ay, than all our Kings &s;ince the Conque&s;t, (excluding <HI>William the Conqueror</HI> and <HI>Henry the Eighth</HI>) ever rai&s;ed upon the People) and by tho&s;e many va&s;t &s;umms our &s;eeming Saints have &s;ent into banks beyond Sea, and buried in their private Coffers.</P>
<P>Reader, let me admoni&s;h thee,<NOTE PLACE="marg">181. A Vindication of the Level|lers in &s;ome things; and a further de|&s;ign to garble and en&s;lave the Army.</NOTE> That the Levellers (for &s;o they are mi&s;-called, onely for endeavouring to Level the exorbitant u&s;urpations of the Councel of Officers and Councel of State) are much abu&s;ed by &s;ome Books lately printed and publi&s;hed in their names, much differing from their declared Principles, Te|nets, and Practices; but forged in <HI>Cromw<GAP DESC="illegible" EXTENT="1 letter">ls</HI> and <HI>Ir<GAP DESC="illegible" EXTENT="1 letter">tons</HI> &s;hops to ca&s;t an <HI>odium</HI> upon them. The&s;e State-wolves by &s;uch forge|ries endeavour to make the Sheep for&s;ake and betray the Dogs that faithfully guard them; that they may with more &s;ecurity fleece them, flay them, and eat them hereafter. <HI>Ireton, H<GAP DESC="illegible" EXTENT="1 letter">&s;lerig,</HI> and Po&s;tma&s;ter-Attorney <HI>Prideaux,</HI> by them&s;elves and their
<PB N="198" REF="207"> Blood-hounds (Spies and Intelligencers) have been very dili|gent to draw dry-foot after Mr. <HI>Lilburne, Walwine,</HI> &amp;c. and &s;ub|orn witne&s;&s;es again&s;t them, but (not having yet quite extin|gui&s;hed all &s;parks of truth and hone&s;ty, unle&s;s it be in their own brea&s;ts) failed of their purpo&s;es. Yet they go on to purge the Ar|my (as they have done the Parliament and Conventicle of State) of all free-born humours (in order to their de&s;truction) that the Army may con&s;i&s;t of meer mercenary bruti&s;h &s;pirits, &s;uch as will &s;o far neglect the duties of men and Chri&s;tians, as to execute all their tyrannous, bloody, illegal Commands, with a blind obedi|ence and implicite faith, without asking a que&s;tion for Con&s;ci|ence &s;ake, the better to en&s;lave both the Kingdom and Common Souldiers. In farther pro&s;ecution of this De&s;ign, they have pro|jected to levy &s;even new Regiments, which (by way of Gullery) they call <HI>Presbyterian Regiments,</HI> and &s;hall be rai&s;ed by Presbyte|rian Commanders, but tho&s;e Commanders &s;hall only be imploy|ed to countenance the work for a time, and then for pretended offences be purged out of the Army, if not out of this world, by the Councel of Officers, and more confiding men put in their rooms: and then &s;hall the&s;e new Officers and Regiments be u|&s;ed as Catch-poles and Hangmen (contrary to the honour of Souldiers) to per&s;ecute and execute &s;uch Members of the Army as retain any &s;en&s;e or memory of their old Engagements and Principles.</P>
<P><NOTE N="*" PLACE="marg">182. The pretend|ed Parlia|ments Coun|cel of State and Officers confederated with <HI>Oneale.</HI> See <HI>An After-game at Iri&s;h, &amp;c.</HI> 1649. and the Pro|po&s;itions p<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">inted at <HI>Cork</HI> and re|printed at <HI>London.</HI> From <HI>June</HI> 6. 1649. <HI>June</HI> 8. 1649.</NOTE>I formerly told you of an underhand combination between the domineering Independent party here, and <HI>Owen Roe Oneale;</HI> which is now openly declared and avowed by their own licen|ced News-books. <HI>Owen Roe</HI> and Colonel <HI>Monk</HI> are joyned (&s;aith the <HI>M<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">de&s;t Narrative</HI>) our Party have permitted 300. of <HI>O|neals</HI> own Regiment to Quarter in our parts among&s;t the <HI>Creats</HI> within two miles of <HI>Dundalke,</HI> (&s;aith the <HI>Scout) Owen Roe</HI> and <HI>Berne</HI> are come towards Col. <HI>Jones,</HI> and Col. <HI>M nks</HI> Quarters, he is &s;o fair as to pay Contribution: his Quarters are to the Scots &s;ide of <HI>Dublin,</HI> to prevent their giving aid to <HI>Ormond</HI> in his attempt upon <HI>Dublin:</HI><NOTE PLACE="marg"><HI>Moderate In|telligencer,</HI> from <HI>June</HI> 7. to 14. 1649. num. 221.</NOTE> who can blame nece&s;&s;ity? nor doe our Grandees now deny this Confederacy with the bloody Po|pi&s;h ma&s;&s;acring Rebels, although they had the impudence to make the only &s;uppo&s;ition thereof one of the principal Charges
<PB N="199" REF="207"> again&s;t the late King; and to rai&s;e a great out-cry again&s;t the Marque&s;s of <HI>Ormond</HI> and Lord <HI>Inchiquine</HI> for their conjunction with <HI>Pr &s;ton:</HI> yet they joyned but to prevent the <HI>Cromweli&s;ts,</HI> who offered to a&s;&s;ociate with him upon conditions much more prejudicial to the Prote&s;tant Religion, and Engli&s;h Intere&s;ts, than <HI>Ormond</HI> hath given them. They have offered this <HI>Oneale</HI> all the Lands in <HI>&V;l&s;ter</HI> forfeited by his Grandfather <HI>Tyrone, Shane Oneale,</HI> and others attainted, thereby de&s;troying the Briti&s;h Plan|ters there; and this is the rea&s;on they imploy &s;o few old Iri&s;h Commanders into tho&s;e parts, le&s;t the <HI>Oneals</HI> &s;hould doubt they came to recover their own lands again. But our Athei&s;tical Saints account them&s;elves loo&s;e when other men are bound, no|thing but a halter can hold them; all obligations to men, all du|ties and vowes to God,<NOTE PLACE="marg">See the Coun|cel of Wars An&s;wer con|cerning the &s;ecured and &s;ecluded Members; from 6. <HI>June</HI> to 13. num. 3.</NOTE> they break upon <HI>pretended nece&s;&s;ity and hone&s;t intentions.</HI> Their Metropolitan Nuntio, <HI>Judas Haclet,</HI> tells you, <HI>Their Party will not joyn with the bloody Iri&s;h, until they are brought to &s;uch a pinch, as to &s;ay,</HI>
<Q>Flectere &s;inequeo &s;uperos, Acheronta movebo.</Q> If God will not be the Author and Patron of their De&s;igns, the Devil &s;hall; you &s;ee the&s;e Independents hang between God and the Devil, <HI>Michael</HI> and the Dragon, not re&s;olved which part to take.</P>
<P>Be it known unto all men by the&s;e pre&s;ents,<NOTE PLACE="marg">183. <HI>Parker</HI> the Ob&s;ervator.</NOTE> that <HI>Harry Parker</HI> the Ob&s;ervator is returned from <HI>Hamborough,</HI> and highly prefer|red to be Brewers Clerk, (<HI>alias</HI> Secretary) to <HI>Cromw<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">l;</HI> to who&s;e De&s;igns he hath pro&s;tituted his pen.</P>
<P>There is lately come forth a Book of <HI>John Meltons</HI> (a Liber|tine, that thinketh his Wife a Manacle,<NOTE PLACE="marg">184. Meltons <HI>Book,</HI> the Tenure of Kings and Magi&s;trates, &amp;c.</NOTE> and his very Garters to be Shackles and Fetters to him: one that (after the Independent fa&s;hion) will be tied to no obligation to God or man) wherein he undertaketh to prove, <HI>That it is lawful for any that have power to call to account, Depo&s;e, and put to Death wicked Kings and Ty|rants (after due c<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">nviction) if the ordinary Magi&s;trate neglect it.</HI> I hope then it is lawful to put to death wicked <HI>Cromwels,</HI> Coun|cels of State, corrupt Factions in Parliament: for I know no prerogative that u&s;urpation can be&s;tow upon them. He likewi&s;e
<PB N="200" REF="208"> a&s;&s;erteth, <HI>That tho&s;e, who of late, &s;o much blame Depo&s;ing, are the men that did it them&s;elves,</HI> (meaning the Presbyterians.) I &s;hall invite &s;ome man of more lei&s;ure and abilities than my &s;elf, to An&s;wer the&s;e two Paradoxes: But &s;hall fir&s;t give him the&s;e cau|tions:</P>
<P N="1">1. That for the Polemick part he turn all his Arguments in|to Syllogi&s;mes, and then he will find them to be all Fallacie<GAP DESC="illegible" EXTENT="1 letter">, the froth of wit and fancy, not the D<GAP DESC="illegible" EXTENT="1 letter">ctates of true and &s;olid Rea|&s;on.</P>
<P N="2">2. That for the Hi&s;torical or narrative part, he would through|ly examine them, and he will find few of them con&s;onant to the plumb-line of truth.</P>
<P N="3">3. That he would con&s;ider, that from the beginning of this Parliament there were three Parties or Factions in it:
<LIST>
<ITEM>1. The <HI>Royali&s;ts.</HI></ITEM>
<ITEM>2. The <HI>Presbyterians.</HI></ITEM>
<ITEM>3. The <HI>Independents.</HI></ITEM>
</LIST></P>
<P>For though they were not then notorious by their name, yet the Per&s;ons confederated were then extant and active; being a com|plication of all <HI>Antimonarchical, Anarchical here&s;ies and &s;<GAP DESC="illegible" EXTENT="1 letter">hi&s;mes, Anabapti&s;ts,</HI><NOTE PLACE="marg"><HI>See</HI> the My&s;te|ry of the two Junto's, Pres|byterian and Independent.</NOTE> <HI>Browni&s;ts, Barrowi&s;ts, Adamites, Famili&s;ts, Liber|tines</HI> of all &s;orts; the true Heires and Succe&s;&s;ors of <HI>John of Ley|den</HI> and <HI>Knipperdolling</HI> in all their principles aad practices united under the general Title of <HI>Independent:</HI> and the&s;e were origi|nally the men that by their clo&s;e in&s;inuations, &s;olicitations and actings began, and carried on the War again&s;t the <HI>KING,</HI> with an intent (from the beginning) <HI>to pull down Monarchy, and &s;et up Anarchy,</HI> notwith&s;tanding the many <HI>Declarations, Remon&s;trances,</HI> abortive <HI>Treaties, Prote&s;tations,</HI> and <HI>Covenants to the contrary;</HI> which were Obligations (from time to time) extorted from them <HI>by the Presbyterians,</HI> although not &s;trong enough to hold &s;uch &s;ubtile <HI>Samp&s;ons,</HI> who&s;e &s;trengths to break &s;uch Withes lay not in their Bu&s;hes of Hair, but in the Ambu&s;hes of their Hearts, wherein there always lay hid &s;ome eva&s;ion, equivocation, or men|tal re&s;ervation, which, like a back-door, gave them leave to make an e&s;cape. In the beginning almo&s;t of this Parl. the <HI>Independents</HI> (that is, the <HI>Schi&s;maticks</HI>) in the Parliament in&s;i&s;ted openly upon it, <HI>to have the Papi&s;ts in</HI> Ireland <HI>rooted out, and their Lands &s;old to
<PB N="201" REF="208"> Adventurers,</HI> and <HI>pa&s;&s;ing an Act</HI> to that purpo&s;e, nece&s;&s;itated the <HI>Iri&s;h Papi&s;ts</HI> to <HI>ma&s;&s;acre</HI> the <HI>Engli&s;h Prote&s;tants,</HI> which was purpo&s;ely done by the <HI>Independents,</HI> that both <HI>Papi&s;ts</HI> and <HI>Pro|te&s;tants</HI> might de&s;troy one another there, that they might the better &s;ubvert Prote&s;tancy in <HI>England,</HI> which is now in hand. And though it be true that the fir&s;t General, the Earle of <HI>E&s;&s;ex</HI> was a <HI>Presbyterian,</HI> yet he was acted by <HI>Independents,</HI> as the L. <HI>Sa<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"></HI> and others of the like &s;tamp; and had a clau&s;e in his Commi&s;|&s;ion [<HI>to forbear the</HI> King's <HI>Per&s;on</HI>] which clau&s;e upon the <HI>Inde|pendents</HI> new Modelling the Army under <HI>Fairfax</HI> was omitted at their e&s;pecial in&s;tance.</P>
<P>Monday 18. <HI>June,</HI><NOTE PLACE="marg">185. L.C. <HI>Lilburns</HI> Book [The Legal funda|mental Liber|ties of the People, &amp;c.]</NOTE> 1649. came forth that mo&s;t u&s;eful Book of <HI>John Lilburns,</HI> called [<HI>The Legal fundamental Liberties of the People of</HI> England <HI>Revived, &amp;c.</HI>] wherein he excellently well &s;ets forth <HI>the new u&s;urped tyranny of that Hydra of</HI> Nimrods <HI>now &s;ubverting our Laws, Liberties, and Property, con&s;uming us with il|legal Taxes, Exci&s;e, Free-quarter, Monopolies, and &s;haring Land, Money, Goods, and Offices among&s;t them&s;elves, perpetuating an Ar|my to en&s;lave us, and overthrow the fundamental Government of this Nation,</HI> in order to which <HI>they have complied with, and cheated all Intere&s;ts, broken all their Obligations to God and Man, violated all the Laws of this Land, their own Prote&s;tations, Covenants, the Oaths of Allegiance, Supremacy</HI> (which them&s;elves cau&s;ed the People to take) <HI>and their own Votes, Declarations, &amp;c. The illega|lity of their late erected High Court of Ju&s;tice, and their unju&s;t pro|ceedings therein, the tyranny and u&s;urpation of the Councel of State and Officers of the Army.</HI> And proveth that <HI>Col.</HI> Prides <HI>new pur|ged, new pack<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">d Hou&s;e, is neither a Hou&s;e of Commons, nor Parlia|ment; their u&s;urped Supreme Authority to be a meer nullity or fiction,</HI> and e&s;pecially, <HI>That this Parliament is cleerly di&s;&s;olved and ended,</HI> which he proveth <HI>by the Death of the King,</HI> and by many other &s;olid Arguments; <HI>and therefore all their Actings to be void and null,</HI> with many other co&s;iderable pa&s;&s;ages, where he ingeni|ou&s;ly confe&s;&s;eth, <HI>that being the Kings Pri&s;oner at</HI> Oxford, <HI>with many other of the Parliament Party, the King did &s;trictly ob&s;erve the Laws of the Land in His proceedings again&s;t them, which this Parliament doth not do in any their mo&s;t legal proceedings, for all their pretended Engagements, Declarations, Votes, Prote&s;tations and
<PB N="202" REF="209"> Covenants to maintain and defend the Laws and Liberties of the People,</HI> Ergo, the King <HI>really,</HI> the Faction in Parliament, but <HI>pre|tendedly fought for our Laws and Liberties.</HI></P>
<P><NOTE PLACE="marg">186. Tythes to be Seque&s;tred for the State.</NOTE>The Faction are now contriving <HI>to &s;eize all the Tythes of the Kingdome into their own hands</HI> (yet they are the Mini&s;ters Free|hold) <HI>and to make all the Mini&s;ters their &s;tipendiary Lecturers,</HI> that they may <HI>preach and teach</HI> onely &s;uch Doctrine to the people as may bring them under a blinde and &s;lavi&s;h obedience to our <HI>forty Tyrants of the new Councel of State,</HI> pre&s;uming that all our Mini&s;ters carry their Con&s;ciences in their pur&s;es, becau&s;e the <HI>In|dependents</HI> do &s;o. Look to your wayes Chri&s;tian Brethren, you are likely hereafter to have <HI>Oracles of State</HI> obtruded upon you in&s;tead of the <HI>Oracles of God.</HI> If the Mini&s;ters will not parret forth the new States Doctrine to you, they &s;hall be &s;tarved out of their Pulpits.</P>
<P><NOTE PLACE="marg">187. An Adjourn|ment of this pretended Parliament con&s;idered of.</NOTE>The thing called a <HI>Parliament</HI> is now likely to have &s;o gene|ral a purge as will leave neither life nor &s;oul, dung, nor guts, in the belly of it. K. <HI>Oliver</HI> (unwilling to go for <HI>Ireland,</HI> and leave them fitting, who may unvote all he hath compelled them to vote) hath commanded his Journey-men to think of an <HI>Ad|journment</HI> for &s;ome good time, that they may take the air, and grow whole&s;ome again; and then (without &s;ome dire mi&s;chance) they never meet more; but <HI>this Supreme thing</HI> hath learned to u&s;e &s;o much mode&s;ty to <HI>their Superiors,</HI> as to refer it to the <HI>Hogens Mogens,</HI> or <HI>Councel of State,</HI> to <HI>con&s;ider what Votes and Acts they &s;hall pa&s;s beforehand for e&s;tabli&s;hing their Highne&s;&s;es in their new Dominion:</HI> And when (out of their u&s;urped <HI>Supreme Authority</HI>) they have conferred as much upon <HI>the Councel of State</HI> as their ambitions aim at, they (good Boys) &s;hall have leave to break up School and go into the Country to <HI>&s;ee their Friends,</HI> and <HI>vi&s;it their Foes;</HI> that is, all &s;uch as have full pur&s;es to be &s;queezed. Thus you &s;ee the <HI>method of Divine vengeance ob&s;erves a Degrada|tion;</HI> 1. <HI>Down went the King,</HI> and His Authority lap&s;ed into the two Hou&s;es. 2. <HI>Down went the Peers Hou&s;e,</HI> and all Authority fell down into the Commons Hou&s;e. 3. <HI>Down goes the Hou&s;e of Commons,</HI> and the <HI>Supreme Authority</HI> tran&s;lates it &s;elf into a <HI>Councel of State.</HI> And (if my conjecture fail me not) 4. <HI>Down will go the Councel of State, and all Authority be gra&s;ped into the
<PB N="203" REF="209"> iron hands of</HI> Camp&s;on Gaurus <HI>and his Mamaluchy, his Councel of War,</HI> when they &s;hall think fit to Act bare-faced without u&s;ing a packt peece of a <HI>Parliament</HI> or <HI>Councel</HI> of <HI>State</HI> as a &s;creen or vizard to cozen and befool the people.</P>
<P>In order to which <HI>Government by the Sword,</HI><NOTE PLACE="marg">188. <HI>Cromwel</HI> vo|ted for <HI>Ireland</HI> with full power Civil and Military.</NOTE> <HI>Cromwel</HI> is voted <HI>to go into Ireland with his own confiding Officers and Army, with all power Civil and Military for three years;</HI> what doth this import le&s;s than that he is to be K. of <HI>Ireland?</HI> there to practi&s;e the fir&s;t rudiments of Kings-craft, and when he hath inured tho&s;e Semi|barbarians to a <HI>Military Government,</HI> he &s;hall return with his <HI>Jani&s;aries,</HI> and &s;ubdue the <HI>Engli&s;h</HI> to the like obedience: In the mean time <HI>his property Fairfax</HI> &s;hall be under the ob&s;ervation of the <HI>Councel of State</HI> here, and be beleagured both in his own hou&s;e and Army with <HI>Olivers</HI> Creatures; and in this di&s;honour|able fickle condition he &s;hall have the vain honour to keep <HI>Olivers Regalia,</HI> (the Crown &s;itting upon one &s;ide like a Fools Cap upon his head) until he return, and &s;hall then be called to account for all odious and unfortunate accidents that &s;hall hap|pen (for it is not for the Maje&s;ty of <HI>Oliver</HI> to bear the blame, al|though they fall out by <HI>Cromwell's</HI> own over&s;ights, or Gods an|ger upon him) thus <HI>Cromwell's</HI> &s;hadow being removed, him&s;elf may take &s;ub&s;tantial and actual po&s;&s;e&s;&s;ion of the Throne which he already enjoyes in all things but the <HI>Title.</HI> And then let all true Saints and Subjects cry out with me, <HI>God &s;ave K. Oliver and his brewing Ve&s;&s;els.</HI></P>
<P>The <HI>Junto</HI> of <HI>Titular Supremi&s;ts</HI> at <HI>We&s;tmin&s;ter</HI> (e&s;pecially &s;o many as have not packt them&s;elves into the <HI>Councel of State</HI>) are very unwilling to quit their long-held Dominion,<NOTE PLACE="marg">189. 13 Bills in|joyned to be pa&s;&s;ed by the Commons be|fore Adjourn|ment.</NOTE> and &s;ubmit to their own Ba&s;tard-brood, <HI>The Lords States at White-hall;</HI> but there is no remedy, <HI>Oliver</HI> is re&s;olved to unyoke his Cattel and turn them to gra&s;s; he knows they may unvote all they have voted at his Command, if (during his ab&s;ence in <HI>Ireland</HI> or <HI>Scot|land</HI> rather) a new emergent power &s;hould overawe them; the pre&s;ent fear being alwaies mo&s;t terrible to Cowards. But the <HI>Councel of State</HI> hath &s;et them their task, which they mu&s;t &s;pee|dily perform before they Adjourn, con&s;i&s;ting of 13 Points:</P>
<P N="1">1. <HI>That all Acts concerning the Loans of Monies, Exci&s;e, Seque|&s;trations, Gold&s;miths-hall, Haberda&s;hers-hall, A&s;&s;e&s;ments for</HI> Eng|land
<PB N="204" REF="210"> <HI>and</HI> Ireland <HI>be pa&s;&s;ed.</HI> The&s;e reprobate Saints will &s;ooner forget their God, than their Mammon [money.] You &s;ee they mean to perpetuate our burthens, as well as their own Army; and domineer over us with an arbitrary, military tyranny for ever.</P>
<P N="2">2. <HI>That an Act be pa&s;&s;ed for &s;etling the Militia of the Nation.</HI> This amounts to a <HI>new-invented Commi&s;&s;ion of Array</HI> (lawful for u&s;urping Saints, though not for a lawful King) by vertue of which the <HI>&s;cum and dregs of the people</HI> (ba&s;e enough to a&s;&s;ociate with the Army) <HI>&s;hall be Armed,</HI> &amp; all men of quality and fortunes (unle&s;s &s;uch as owe their fortunes to their crimes) di&s;-armed.</P>
<P N="3">3. <HI>Again&s;t exporting Wooll and Fullers Earth.</HI> Unle&s;s it be for the benefit of the Saints.</P>
<P N="4">4. <HI>To prohibit exportation of Gold and Silver.</HI> The Saints have exported all our Gold already, and mo&s;t of our Silver; and will never give over the Trade them&s;elves though they prohibit o|thers. But Gold and Silver are drawn out of Mines Royal, and belong to the Saints by their Prerogative.</P>
<P N="5">5. <HI>An Act to be pa&s;&s;ed for puni&s;hment of Revolted Sea-men and Mariners.</HI> None again&s;t traiterous, tyrannous, theevi&s;h Saints.</P>
<P N="6">6. <HI>An Act for relief of wel-affected Tenants again&s;t Malignant Land-lords; who have compounded for their E&s;tates, rack their Tenants Rents, or turn them out of doors.</HI> This is a device: Fir&s;t, to make work for &s;uch Members as not being of the <HI>Councel of State,</HI> would become as contemptible as they are hateful, being deve&s;ted of all power to play the Tyrants after Adjournment. And &s;econdly, to &s;tir up all the Tenants of <HI>England</HI> (e&s;pecially <HI>Schi&s;maticks</HI>) to combine with them, again&s;t their Land-lords, and deprive them of the legal u&s;e of their E&s;tates, and the bene|fit of their Compo&s;itions; for, to what purpo&s;e &s;hall Gentlemen compound for their E&s;tates, when they mu&s;t <HI>let</HI> and <HI>&s;et</HI> them at the di&s;cretion of domineering Committees, or Commi&s;&s;ioners, con&s;piring with the high Shoos, to oppre&s;s, make a prey of, en&s;lave and un&s;pirit all the Nobility and Gentry of <HI>England</HI> here aimed at under the general Title of <HI>Malignants?</HI> Oh per|fidious Tyrants! keep your money Gentlemen, or turn it into Iron and Gun-powder.</P>
<P N="7">7. <HI>An Act to &s;uppre&s;s Malignant Pamphlets a&s;per&s;ing the pre&s;ent
<PB N="205" REF="210"> proceedings of the Parliament, Councel of State, and the Army, and prevent Printing as much as may be.</HI> This is to &s;et truth in the pil|lory, whil&s;t her counterfeit, impudent, lying and &s;landering &s;its in &s;tate in <HI>Parliament, Councel of State, and Councel of Officers,</HI> and rides triumphantly Coached into the City to Than&s;giving Devotions and Dinners.</P>
<P N="8">8. <HI>That the Pulpits being as &s;candalous as the Pre&s;s again&s;t their proceedings, they enjoyn that a more &s;trict cour&s;e be taken to &s;top the mouthes of the Preachers hereafter.</HI> You &s;ee how <HI>Ahab</HI>-like the&s;e Subverters of Church and Common-wealth,<NOTE PLACE="marg">1 King. 18.17.</NOTE> accu&s;e our Prophets <HI>for troubling our I&s;rael</HI> (being their own &s;in) and &s;eek occa&s;ion to bring a <HI>&s;piritual</HI> as well as a <HI>corporal famine</HI> upon the Land, cutting off <HI>the &s;taff of bread</HI> as well <HI>from our &s;ouls as bodies,</HI> by &s;topping the mouths of Gods Mini&s;ters. But I hope they will remember the duty they owe to the honour of him that &s;ent them upon his Emba&s;&s;age to his people, and fearing God more than Man, every man cry out to his own &s;oul and con&s;cience with S. <HI>Paul,</HI> 1 <HI>Cor.</HI> 9.16. <HI>Vae mihi &s;i non praedicavero, Woe be to me if I do not Preach.</HI></P>
<P N="9">9. <HI>That an Act be pa&s;&s;ed that that clau&s;e of the Stat.</HI> 23. <HI>Eliz.</HI> 25. <HI>Eliz.</HI> 1 <HI>Jac. again&s;t Sectaries, &s;hould be repealed, that none may be que&s;tioned thereby in the vacancy of Parl.</HI> What is this but to pray in aid of Turks, Jewes, Anabapti&s;ts of <HI>Mun&s;ter,</HI> nay the De|vil him&s;elf to joyn with them, as they have already joyned with <HI>Owen Roe Oneale,</HI> and his bloody ma&s;&s;acring Iri&s;h Papi&s;ts again&s;t the Prote&s;tant Religion, which was part of the de&s;igne of the &s;chi&s;matical Party in Parliament in waging war again&s;t the King from the beginning. See <HI>Sect.</HI> 184. the Marginal notes there. This impious Liberty of Con&s;cience to de&s;troy the Prote&s;tant Religi|on, is all the liberty we are like to enjoy under the Kingdom of the&s;e bloody cheating Saints, in all things el&s;e we are meer and ab&s;olute &s;laves.</P>
<P N="10">10. <HI>That an Act for a General Pardon be pa&s;&s;ed to all Per&s;ons except &s;uch as are particularly named therein, and declaring no Par|don to any that &s;hall for the future rai&s;e War in this Nation again&s;t the pre&s;ent Authority thereof.</HI> This is a project, 1. <HI>To pardon them|&s;elves and their Party</HI> for their tran&s;cendent villanies, and to &s;top the mouthes of the Countrey from complaining of them after
<PB N="206" REF="211"> their Adjournment, and this &s;hall be effectually done. 2. <HI>To be|fool &s;illy weak-&s;pirited people with general words of a Pardon</HI> which &s;hall be made ineffectual by many exceptions and limitations. 3. <HI>This is principally intended to fright men from attempting any thing again&s;t the u&s;urped Supremacy and Tyranny of the Councel of State:</HI> and therefore all Pardons to &s;uch Attemptors are before|hand declared again&s;t. This with them is (as a &s;in again&s;t the Holy Gho&s;t) unpardonable; to deny their Supreme, Arbitrary Authority.</P>
<P N="11">11. <HI>That the Act for relief of poor Pri&s;oners for Debt may be pa&s;&s;ed.</HI> Though I can with as much Charity as any Man wi&s;h a relief to them; yet <HI>I like not that Charity &s;hould be made a cloak to ambitious Knavery;</HI> and all the Creditors of the Kingdom be made liable to the vexation of a covetous Committee, who, <HI>un|der colour of Charity &s;hall rai&s;e up all the indebted Men of the Kingdom again&s;t all the monied Men, if they will not &s;acrifice their pur&s;es to the Foh-Gods of the new State, and be bountiful to the Committee;</HI> which is the full &s;cope of this Propo&s;ition.</P>
<P N="12">12. <HI>That the Souldiers may be &s;ecured their Arreares out of the late Kings Lands.</HI> This is to tie all the Souldiery by the pur&s;e|&s;trings (which is Saints Tenure) to make good that horrid, tray|terous Murther.</P>
<P N="13">13. <HI>That an Act be pa&s;&s;ed for Probate of Wills, Granting Admini|&s;trations, and inve&s;ting of Mini&s;ters pre&s;ented.</HI> The&s;e lunatique Saints &s;hould have thought upon a new way to be &s;et up before they throw down the old one, and not have left men in an uncertainty how to di&s;po&s;e of their E&s;tates, and a <HI>Ju&s;titium,</HI> a vacancy of Ju|&s;tice upon the Kingdom: you &s;ee what Mountebanks our new State-Juglers are. The good Boyes began to learn the&s;e Le&s;&s;ons upon Monday, 25. <HI>June.</HI></P>
<P><NOTE PLACE="marg">190. Things under|taken by the Councel of State during the Rece&s;s.</NOTE>The Councel of State likewi&s;e reported to their &s;aid Free-School of Commons <HI>&s;everal things which they</HI> (in order to their future greatne&s;s) <HI>would put into a way during the Rece&s;s:</HI> again&s;t the Hou&s;es next meeting, when two Sundays come together.</P>
<P N="1">1. <HI>That Commi&s;&s;ioners be appointed in every County to make an e&s;ti|mate of all Tythes,</HI> to the end they may be taken away for the fu|ture, and &s;ome other provi&s;ion de&s;igned for Mini&s;ters. <HI>This is a whip and a Bell to la&s;h Mini&s;ters to Preach State-Divinity.</HI></P>
<P N="2"><PB N="207" REF="211">2. <HI>That the Councel of State con&s;ider of &s;etling future Parliaments, and the con&s;tant time of their calling, &s;itting, and ending, after this Parliament &s;hal think fit to di&s;&s;olve them&s;elves.</HI> If they are not di&s;&s;ol|ved already (which is the con&s;tant opinion of many great learned Lawyers well-affected to the Parl.) they will never be di&s;&s;olved without the help of a Hangman. But I would gladly know by what Authority a Pack of forty Knaves calling them&s;elves <HI>a Councel of State,</HI> and u&s;urping Regal power, &s;hall take upon them to aboli&s;h our ancient form of Parliaments, contrary to the fun|damental Laws of the Land, their own Declarations, Prote&s;tati|ons and Covenants, and to pack and &s;huffle new Parliaments, to di&s;po&s;e of our Religion, Laws, Liberties, Lives and E&s;tates, again&s;t the con&s;ent of the far major part of the people.</P>
<P N="3">3. <HI>That they &s;hall con&s;ider of an Act for regulating proceedings in Law, and prevent tediou&s;ne&s;s of Suits.</HI> There are too many Law|yers in the Councel of State to do any thing effectual that way; but it may be they will con&s;ider how to make the Lawes of the Land more &s;utable to an Olygarchical tyranny, and le&s;&s;e agree|ing with Monarchy.</P>
<P N="4">4. <HI>That they will con&s;ider what Lawes are fit to be repealed.</HI> That is, all Lawes enjoyning uniformity in Gods Wor&s;hip, all Monar|chical Lawes, and all Lawes allowing more civil Liberty and Priviledges to the People, and to &s;everal Degrees of men than &s;quares with the De&s;ignes of our new up&s;tart State.</P>
<P>So many men have been cheated with Publique Faith,<NOTE PLACE="marg">191. Dean and Chapters Lands pur|cha&s;ed by the Godly.</NOTE> Iri&s;h Adventures, and Bi&s;hops Lands, that the Market is &s;poiled for &s;ale of Dean and Chapters Lands, wherefore the Saints (being the onely monied men left in the Kingdome) have now agreed to buy them them&s;elves, con&s;idering, that &s;ince they hold their Heads and all that they have <HI>in Capite</HI> of their Lords Paramount, <HI>the Councel of Officers,</HI> they may as well buy dog-cheap, and hold Deanes Lands by the &s;ame Tenure. For which purpo&s;e they have their Broakers abroad to buy in Souldiers and Officers De|bentures for Arrears at 5 s. and 6 s. in the pound, though they are allowed the whole &s;umm of the Debentures in the Purcha&s;e, which doubling in ready money, they purcha&s;e upon &s;uch ea&s;ie particulars, as brings it down from ten years purcha&s;e, to two or three years purcha&s;e. They are not &s;een in the bu&s;ine&s;s them|&s;elves,
<PB N="208" REF="212"> but buy them in other mens names, and to the &s;ecret u&s;e of their Wives and Children. The Lord <HI>Mun&s;on, Hump<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">rey Ed|wards,</HI> and Sir <HI>Greg. Norton,</HI> (who hath &s;old his own Land to purcha&s;e new upon this Title) and many other Saints have late|ly trod this ob&s;cure path.</P>
<P><NOTE PLACE="marg">192. Souldiers in|&s;olencies re|medile&s;s.</NOTE>Great complaints are made by the Countrey of the Souldiers in&s;olency (among&s;t many other things) in putting their Hor&s;es into mowing Gra&s;&s;e. The General hath ordered the next Offi|cer in chief to cau&s;e double damages to be given by the Souldier; and if the &s;aid Officer neglect, he is to an&s;wer it at a Councel of War at the Head Quarters. This remedy is wor&s;e than the di&s;ea&s;e, and as meer a gullery as the Act for taking off Free quar|ter. The chief Officer will laugh at the Complainant, the Head Quarters are far off, and the Councel of War will tire him with delays, and expo&s;e him to more injuries of the angry Soul|diers. The Officers will not, nor dare not keep a &s;trict di&s;ci|pline.</P>
<P><NOTE PLACE="marg">193. The Earl of <HI>Denbigh</HI> and <HI>Henry Martin</HI> referred to Committees.</NOTE>The Earl of <HI>Denbigh</HI> referred to the Committee of the Re|venue to con&s;ider the Arreares of his Emba&s;&s;ie in <HI>Italy,</HI> and of his 1000. Marks <HI>per ann.</HI> pen&s;ion be&s;towed upon him by the late King. If his de&s;erts had been better, his Reward had been wor&s;e, and wor&s;e paid. Al&s;o <HI>Henry Martins</HI> Lo&s;&s;es and Arreares refer|red to the con&s;ideration of a Committee. If the Committee would know what <HI>Harry</HI> hath lo&s;t, they mu&s;t examine his Barber-Surgeon. <HI>Rowland Wil&s;ons</HI> Arrears and Lo&s;&s;es, and the L. <HI>Gray's</HI> Charges and Arreares to be con&s;idered and reported: you &s;ee charity begins at home, and the Members exerci&s;e it (for the mo&s;t part) in their own Hou&s;e.</P>
<P><NOTE PLACE="marg">194. The Councel of State au|thorized to grant Letters of Marque.</NOTE><HI>June</HI> 25. An Act pa&s;&s;ed, <HI>to enable the Councel of State with ab|&s;olute power to grant &s;pecial and particular Letters of Marque or Repri&s;al in the name of the Keepers of the Liberties of</HI> England <HI>by Authority of Parliament:</HI> what is this but to empower the Coun|cel of State to make War at Sea with all Princes and States at their di&s;cretion? they have already &s;o far decayed all the Trade of this Nation, that ere long Traffique will be totally de&s;troyed; whereby our Sea-men with their Ships will be nece&s;&s;itated (for want of employment) to revolt to the <HI>PRINCE:</HI> to prevent which inconvenience, they will find work for them by granting
<PB N="209" REF="212"> &s;o many particular Letters of Marque to all &s;uch as &s;hall but pretend them&s;elves wronged by Foreign Nations as will a|mount to a General practice and profe&s;&s;ion of Pyracy, and turn <HI>England</HI> into a &s;econd <HI>Argires,</HI> whereby all Princes and States will be provoked to make a Pyratical War upon <HI>England,</HI> as again&s;t a Den of Theeves and Robbers, Common Enemies to Traffick and humane Society: as the <HI>Romans</HI> did under the Conduct of <HI>Pompey,</HI> again&s;t the <HI>Cilician,</HI> and other A&s;iatick Pyrats.</P>
<P>Captain <HI>Younge</HI> hath blown up with Gun-powder a Ship of the Princes, called the <HI>Antilope,</HI><NOTE PLACE="marg">195. Cap. <HI>Yongue's</HI> blowing up the <HI>Antilope</HI> in <HI>Helver&s;luce;</HI> with a Cau|tion.</NOTE> lying at Anchor in <HI>Helver|&s;luce,</HI> under the protection of the States of <HI>Holland,</HI> whereby the Chamber of <HI>Holland,</HI> and the honour of their Inland Sea is ra|vi&s;hed from them. By this, and by &s;ome former actions of the like in&s;olency (as the firing upon their Ships, and killing their men for not &s;triking Sail to them) you may &s;ee what good Neighbourhood the <HI>Dutch</HI> are like to have of their younger brother State, when they are once &s;etled and confirmed in their yet infant Government: even the very &s;ame which the <HI>Cartha|ginians</HI> found after the new erected Commonwealth of <HI>Rome</HI> grew up to maturity, which proved &s;o dangerous a Competitor in point of power, profit, and honour, as buried the more an|tient Free-State of <HI>Carthage</HI> in its Ruines. <HI>Free-states (e&s;peci|ally Ari&s;tocracies) are very quarrel&s;ome with their Neighbours, and never want many of their Patrician mo&s;t potent Families ambitious to increa&s;e their own power and glory by Wars:</HI> and therefore &s;eek occa&s;ions of quarrel with their Neighbours; &s;uch was the whole Family of the <HI>Barchines</HI> at <HI>Carthage;</HI> the <HI>Scipio's, Fabii, Camilli, Cra&s;&s;i, Pompeii, Ca&s;ares,</HI> and many more at <HI>Rome:</HI> Thus was <HI>Greece</HI> torn in pieces by its Free-&s;tates.</P>
<P>The Commons have be&s;towed St. <HI>Cro&s;&s;es</HI> Ho&s;pital upon <HI>Cooke</HI> for acting the part of an Attorney General again&s;t the late <HI>King.</HI> It is fit every <HI>Judas</HI> &s;hould have his reward;<NOTE PLACE="marg">196. More Gifts to the Godly.</NOTE> the New Park in <HI>Surry</HI> be&s;towed upon the City in reward of their Thank&s;giving Dinner, that the new-packed Court of Aldermen and Common-councel may not want Veny&s;on to fill their Wives Bellies, nor they Brow Antlers to hang their Hats on.</P>
<PB N="210" REF="213">
<P><NOTE PLACE="marg">197. Order 9. <HI>June</HI> 1649. refer|ring all &s;ecu|red and &s;e|cluded Mem|bers to be ex|amined before a Committee.</NOTE>The 9. <HI>June</HI> the Commons (about 46 in number) had pa&s;&s;ed an Order concerning their &s;ecured, &s;ecluded, and ab&s;ented Mem|bers, and referred all &s;uch as had not already entred their di&s;|&s;ent to the Vote, 5. <HI>Decem.</HI> 1648. to a Committee to give &s;uch &s;a|tisfaction to them as the Hou&s;e &s;hould approve of before the 30. of <HI>June</HI> in&s;tant, or el&s;e the Hou&s;e would take order for New Elections. This was to bring the &s;aid Members (300 in number at lea&s;t) to the winnowing, that they might admit &s;uch as were for their turn to recruit their thin Hou&s;e, and expel the re&s;t: few repaired to them, and of tho&s;e very few were cho&s;en, the Speakers Son, Sir <HI>John Treavor</HI> (who hath a Monopoly of 1500 l. <HI>per annum,</HI> out of <HI>Newca&s;tle</HI> Coles, for which he was ma|ny Months kept out of the Hou&s;e, and at la&s;t admitted (onely to comply with the Faction) and his &s;aid Monopoly continued) Sir <HI>Henry Haymonde,</HI> and two Sons of the Earl of <HI>Pembroke,</HI> were received. This was thought very unrea&s;onable that &s;o many Gentlemen either kept out, or driven away by force &s;hould, by a far le&s;s number &s;itting and acting under the &s;ame force, be &s;ent to attend a Committee, to &s;tand with their Hatts off to <HI>Holland, Scott, &amp;c.</HI> and be examined and expelled for giving their Votes (Yea, or No) in the Hou&s;e according to their Con&s;ciences. This was to &s;ubvert the Liberty of all Parliaments for the future, and to make this Hou&s;e (which calls it &s;elf a <HI>Parliament</HI>) a meer packed <HI>Junto</HI> to carry on forelaid De&s;igns. Be&s;ides, to expect they &s;hould approve all that the &s;itting Party in the Hou&s;e had done in the ab&s;ence of the&s;e non-&s;itting Members, who neither heard the Debate, nor rea&s;ons, whereupon they grounded their Votes again&s;t the <HI>King</HI> and Hou&s;e of Peers, nor for the aboli&s;h|ing Monarchy, and turning it into a Free-&s;tate, erecting a Councel of State for that purpo&s;e, voting the Supreme Autho|rity to be in them&s;elves, and many other matters of the like high nature, which have no place in the Laws of <HI>England,</HI> was &s;uch an impo&s;ition as neither agreed with the known Parliament Priviledges, Liberty of Con&s;cience, (&s;o loudly profe&s;&s;ed by the&s;e &s;anctified Members which &s;it) nor with humane rea&s;on and &s;en&s;e. And at la&s;t to &s;it under tho&s;e Armed Guards that put a force upon them (the 6. <HI>Decemb.</HI>) before; promi&s;ed as little of &s;afety, unle&s;s they would renounce their own Con&s;ciences and Act
<PB N="211" REF="213"> the wills of their Jani&s;aries and their Party; and would render them contemptible to all the world, e&s;pecially to tho&s;e men who put this in&s;olency upon them.</P>
<P>I formerly told you how unwilling the Members were to ad|journ and re&s;ign their more than Kingly Power to the Councel of State;<NOTE PLACE="marg">168. Articles of Impeachment again&s;t the Speaker.</NOTE> wherefore <HI>Cromwel</HI> finding he could not obtain that of them by a Vote, projected another way to work his De&s;ign, not the old way of a violent purge by &s;ecuring and &s;ecluding the Members with his Myrmidons, that is already infamous,<NOTE PLACE="marg">Note that <HI>Oliver,</HI> before he left the Town, ere|cted a Com|mittee of Of|ficers of the Army to pro|&s;ecute and bring to puni&s;hment grand Delinquents. This is a new kinde of Star-Chamber o<GAP DESC="illegible" EXTENT="1 letter"> military Nobles, held like a Rod over the Mock-Parliament. Councel of State, and the Gene|ral, in ca&s;e they &s;hall oppo&s;e <HI>Olivers</HI> De&s;igns.</NOTE> and would &s;avour too gro&s;ly of the Power of the Sword; and would &s;hew <HI>Oliver</HI> to be rather a Quack-&s;alving Doctor of Phy|&s;ick than a Doctor of the Civil Law. He cau&s;ed the Officers therefore to frame certain Articles of Impeachment again&s;t Mr. <HI>Lenthal</HI> their Spearker, as followeth:
<LIST>
<ITEM>1. <HI>FOr relea&s;ing out of</HI> New-gate <HI>three of the Queens Prie&s;ts and Je&s;uits by his Warrant.</HI></ITEM>
<ITEM>2. <HI>For maintaining and protecting &s;everal Spies and Agents for the late King within the Line of Communi|cation during the late War.</HI></ITEM>
<ITEM>3. <HI>For conveying divers remarkable pri&s;oners of War out of the Line of Communication unto the late King.</HI></ITEM>
<ITEM>4. <HI>For a&s;&s;i&s;ting and protecting &s;everal Plotters on the behalf of the late King, to de&s;troy the City of</HI> London.</ITEM>
<ITEM>5. <HI>For &s;uffering above</HI> 30000 l. <HI>to be conveyed to the late King out of the Line of Communication, wittingly and willingly.</HI></ITEM>
<ITEM>6. <HI>For &s;ending Hor&s;es of War, with Men and Arms to the late King.</HI></ITEM>
<ITEM>7. <HI>For holding an intercour&s;e of Letters with the late King.</HI></ITEM>
<PB N="212" REF="214">
<ITEM>8. <HI>For maintaining and keeping an Agent in the Gar|ri&s;on of</HI> Oxford, <HI>for expediting the foregoing Treache|ries.</HI></ITEM>
<ITEM>9. <HI>For corrupting many Members of the Parliament, &s;ome lately excluded, and &s;ome now &s;itting in the Hou&s;e to conceal and &s;mother the foreging Treacheries.</HI></ITEM>
<ITEM>10. <HI>For endeavouring to take away the Lives of &s;eve|ral the Pro&s;ecutors and Witne&s;&s;es unto the foregoing Treacheries.</HI></ITEM>
</LIST></P>
<P>You &s;ee there is not one word in them of Cou&s;ening the Commonwealth (which is now become the Private wealth of every particular Saint) becau&s;e this would have broken univer|&s;ally the whole communion of Saints, and would have &s;et them all together by the ears, to defend them&s;elves by recriminating one another: The device was, by taking off the Speaker to Di&s;|&s;olve them, &s;ince they cannot by the Priviledges of the Hou&s;e chu&s;e them&s;elves a new Speaker without the con&s;ent of a power higher than their own (to wit) the <HI>Kings,</HI> and though they will be &s;o much Ma&s;ters of their own Priviledges, as to coyn new e|very day upon emergent occa&s;ions, yet tho&s;e irregularities are alwayes done under the power and protection of the Sword, which they could not expect again&s;t their own Vi&s;ier Ba&s;ha <HI>Oliver.</HI> This trick being &s;melt out, was &s;o highly re&s;ented, that it peri&s;hed in the birth; only (I hear) the Speaker bled in pri|vate 15000 l. towards <HI>Olivers</HI> expedition.</P>
<P><NOTE PLACE="marg">199. 50000 l Ad|<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">nce mony <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">r <HI>Cromwels</HI> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">xpedition.</NOTE>All the &s;inks of tyranny and oppre&s;&s;ion about the Town, the Committee of the Revenue, Gold&s;miths hall, Haberda&s;hers hall, the Exci&s;e Office, &amp;c. are all emptied into that Common-Sewer <HI>Olivers</HI> expedition into <HI>Ireland</HI> (or rather <HI>Scotland</HI>) or engaged as a &s;ecurity to furni&s;h him with 150000. part whereof onely he is accountable for; the re&s;idue is left to his di&s;cretion and con|&s;cience to buy Towns and Victories with, and to be offered up|on an Altar to be erected <HI>Deo ignoto.</HI></P>
<P>At <HI>Olivers</HI> reque&s;t, the Hou&s;e admitted Sir <HI>Edward Ford</HI> to compound upon the Articles of <HI>Oxon,</HI> notwith&s;tanding his lap&s;e of time; <HI>Forde</HI> married <HI>Ireton's</HI> Si&s;ter, and the Lord <HI>Culpepper's</HI>
<PB N="213" REF="214"> Son married <HI>Forde's</HI> Daughter. Ob&s;erve how the General is le&s;&s;ened to advance <HI>Cromwel.</HI> 1. The Command o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e Iri&s;h Forces taken from him, and <HI>Cromwel</HI> &s;ent with a Higher power than ever any went with into that Nation. 2. All Souldiers that will, are enabled to leave their Regiments, and Li&s;t under <HI>Crom|wel:</HI> &s;o that the di&s;contented and Levelling Party onely are left under the command of <HI>Fairfax.</HI></P>
<P>Col. <HI>Martin's</HI> Accounts brought into the Hou&s;e, 3. <HI>July,</HI><NOTE PLACE="marg">200. More Gifts to the Godly.</NOTE> 1649. his Arrears came to 25000 l. and 1000 l. <HI>per ann.</HI> Land ordered to be &s;etled upon him and his Heirs. The Lord <HI>Gray</HI> of <HI>Grooby's</HI> Arrears for the la&s;t Summer only again&s;t Duke <HI>Hamilton,</HI> 1500 l. The&s;e things con&s;idered, I cannot wonder at the Petition pre|&s;ented to the General by Captain <HI>Jubbs,</HI> in the name of Col. <HI>Hu&s;<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">n's</HI> Regiment about <HI>July</HI> 6. wherein (among&s;t other things) they complain,<NOTE PLACE="marg">The <HI>Moderate,</HI> from <HI>July</HI> 3. to <HI>July</HI> 10. 1649.</NOTE> <HI>That the Hou&s;e doe weekly be&s;tow</HI> 1000 l. per an. <HI>upon them&s;elves out of the publique Trea&s;ury of the Nation, when as the Souldiers wants are great, and all the people are in great ne|ce&s;&s;ity.</HI></P>
<P>As if the dividing of the Army,<NOTE PLACE="marg">201. Endeavors to le&s;&s;en the Ge|neral.</NOTE> and putting the mo&s;t confi|ding men under <HI>Cromwel,</HI> the taking the whole command of <HI>Ireland</HI> from the General, and conferring it upon <HI>Cromwel,</HI> the drawing dry all Trea&s;uries of Money to furni&s;h <HI>Cromwel,</HI> and leaving no Money to content the Generals remaining part of the Army, the turning the <HI>odium</HI> of &s;eizing and &s;ecluding the Members, and Murdering the <HI>KING,</HI> upon the General, were not &s;ufficient diminutions of the General, and augmentations of his Lievtenant General: The Welch Counties are &s;et on work to de&s;ire <HI>Harry Martin</HI> for their Commander in Chief; and the We&s;tern Garri&s;ons (the mo&s;t con&s;iderable of <HI>England</HI>) are to be taken from the General, and put into the hands of <HI>Cromwel</HI> and his Party, for his retreat from <HI>Ireland;</HI> &s;o that if all this do not enable him to ruine the General, it will (at lea&s;t) enable him to divide the Army, and cantonize the Kingdome, and turn the General into the dangers and troubles of the &s;tarving, forlorn, North Counties bordering upon <HI>Scotland.</HI> And if <HI>Cromwel</HI> find <HI>Ireland</HI> too hard a bone for him (it is thought) he will en|deavour to &s;urprize the <HI>I&s;le of Man,</HI> and from thence infe&s;t <HI>Scot|land</HI> and <HI>Ireland.</HI></P>
<PB N="214" REF="215">
<P><NOTE PLACE="marg">202. <HI>An Inqui&s;ition for blood,</HI> an ingenious piece newly come to light.</NOTE>About the 18. <HI>July,</HI> 1649. was pre&s;ented to the world an inge|nious <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ce, entituled, <HI>[An Inqui&s;ition for Blood]</HI> to the Parlia|ment, <HI>in&s;tatu quo nunc.</HI> And, to the Army, <HI>Regnante:</HI> wherein the Author proves, <HI>That the</HI> KING <HI>did not take the guilt of blood Him&s;elf by granting the Preambulatory Propo&s;ition in the late Treaty</HI> in the <HI>I&s;le of Wight,</HI> in the&s;e words, <HI>(viz.) That he acknowledged that the two Hou&s;es of Parliament<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> were nece&s;&s;itated to undertake a War in their own ju&s;t and lawful Defence, &amp;c. And that therefore all Oathes, Declarations, or other publique In&s;truments again&s;t the two Hou&s;es of Parliament, or any for adhering to them, &amp;c. be Declared null, &s;uppre&s;&s;ed and forbidden.</HI></P>
<P><MILESTONE N="1"> His Maje&s;ty in yielding to this Grant, had reference to two ends: 1. To prepare the way to peace, which without this had been hopele&s;s. 2. To &s;ecure and indempnifie the two Hou&s;es, with all their Adherents, and rid them from tho&s;e de&s;pairing feares and jealou&s;ies which made them adver&s;aries to Peace.</P>
<P><MILESTONE N="2"> For the words of the Preamble, they were not of His pen|ning, He was not Author of them, but an A&s;&s;entor to them: nor was He, or his Party accu&s;ed or &s;o much as mentioned in them.</P>
<P><MILESTONE N="3"> He made this Conce&s;&s;ion <HI>&s;ub &s;tricta novacula,</HI> when the Razor was (as it were) at his throat: 1. An Army of 30000. Hor&s;e and Foot effective again&s;t Him. 2. When He was endangered and tired out with a long and clo&s;e Impri&s;onment. 3. When many dangerous and menacing Petitions again&s;t His life, had been encouraged and entertained: &s;o that the King may &s;eem to have been nece&s;&s;itated to yield to this Grant for His own ju&s;t and law|ful defence.</P>
<P><MILESTONE N="4"> His Maje&s;ty pa&s;&s;ed this Conce&s;&s;ion with the&s;e two Provi|&s;oes: 1. That it &s;hould be of no validity until the whole Treaty were intirely con&s;ummated. 2. That He might, when he plea&s;ed, enlarge and clear the truth with the re&s;ervedne&s;s of his meaning herein with publick Declarations. Now the Treaty being power|fully carried on without Debate; or receiving any Propo&s;ition from the King, as was capitulated (and reciprocal Propo&s;als are of the E&s;&s;ence of all Treaties) this Grant could never bind Him.</P>
<P><MILESTONE N="5"> This Grant was a meer Preambulatory Propo&s;ition not of
<PB N="215" REF="215"> the E&s;&s;ence of the Treaty. Philo&s;ophers and School-men tell us,<NOTE PLACE="marg">Proems to Lawes are condemned by many Lawyers and Polititians. <HI>E&s;t nihil fri|gidius Lege cum Prologe, jubeo lex, non &s;uadet.</HI></NOTE> No valid proof can be drawn out of Proems and Introductions, but out of the body of the Text. So in the Laws of <HI>England,</HI> and in all Accu&s;ations and Charges, Prefaces and Preambles are not pleadable. They are the la&s;t in penning of Laws, lea&s;t in account, nor never had the force of Laws.</P>
<P><MILESTONE N="6"> There's not a &s;yllable in this Preface which Repeals any for|mer Law inflicting a Penalty upon &s;uch Subjects as bear or rai&s;e Arms again&s;t their <HI>KING:</HI> nor tho&s;e Laws which <HI>(&egrave; contrario)</HI> exempts from puni&s;hment all &s;ubjects adhering to the Per&s;on of the <HI>KING</HI> in any Cau&s;e or Quarrel.</P>
<P><MILESTONE N="7"> Whereas the &s;aid Preface &s;aith, the two Hou&s;es <HI>were nece&s;&s;ita|ted to make a War, &amp;c.</HI> This may relate to a nece&s;&s;ity <HI>&agrave; parte po&s;t,</HI> not <HI>&agrave; parte ante,</HI> &s;elf-defence is the univer&s;al Law of nature, extending to all Creatures; it is, <HI>non &s;cripta &s;ed nata Lex.</HI><NOTE PLACE="marg">By rai&s;ing Tumults, &amp;c.</NOTE> There|fore when the two Hou&s;es (or rather a &s;chi&s;matical Party in them) had brought upon them&s;elves a nece&s;&s;ity of Self-defence, His Maje&s;ty was content to acknowledge that nece&s;&s;ity. If one man a&s;&s;ault another upon the High-way, and the A&s;&s;ailed furi|ou&s;ly pur&s;ue the A&s;&s;ailant, putting him to the defen&s;ive part; the A&s;&s;ailant is now nece&s;&s;itated to fight in his own defence, although he drew that nece&s;&s;ity upon him&s;elf, yet is he now excu&s;able <HI>&agrave; po&s;teriori,</HI> not <HI>&agrave; priori.</HI> And as Civilians &s;ay of clande&s;tine Marri|ges, <HI>Quod fieri non debuit, factum valet;</HI> for <HI>multa &s;unt quae non ni&s;i peracta approbantur.</HI></P>
<P><HI>Lewis</HI> the 13. of <HI>France,</HI> had many Civil Wars with his own Subjects, among&s;t other Treaties to compo&s;e them, upon the Treaty of <HI>Lodun</HI> he was enforced to publi&s;h an Edict, approving of all that had been done by his Oppo&s;ites as done for his &s;er|vice. The like extenuations are not unu&s;ual at the clo&s;e of Civil Wars; and the only u&s;e made of them was never other than to make the adver&s;e Party more capable of pardon, to &s;ecure them again&s;t the brunt of the Laws, to &s;alve their credits, and pave the way for an Act of Oblivion, and re&s;tore a &s;etled peace; Peace and War, like Water and Ice, being apt to beget one another. But never was u&s;e made of &s;uch Grants to ruine the King that Gran|ted them, or his Party.</P>
<P>Thus having confuted that mi&s;pri&s;ion, <HI>That the King by Grant|ing
<PB N="216" REF="216"> that Introductory Propo&s;ition, had taken all the Blood upon His &s;core:</HI> my Author having cleared his way to his farther Inqui&s;i|tion after Blood, proceeds, and tells you, <HI>Blew-Cap was the fir&s;t that opened the I&s;&s;ue of Blood by entering</HI> England, <HI>and &s;hewing Subjects the way of repre&s;enting Petitions to the King upon their Pikes points: That the Iri&s;h took their ri&s;e from him.</HI> And whereas occa&s;ion was taken to calumniate His Maje&s;ty <HI>for having a fore|knowledge thereof</HI> (among&s;t many other convincing Arguments to clear him) my Lord <HI>Macguire</HI> upon the Ladder, and another upon the Scaffold, did freely and clearly acquit Him. And (in regard great u&s;e was made of the Iri&s;h Rebellion to imbitter the People again&s;t the King) the Author winds up the cau&s;es thereof upon one bottom. Telling you</P>
<P N="1">1. They who complied with the Scots in their fir&s;t and &s;econd In&s;urrection.</P>
<P N="2">2. They who di&s;mi&s;&s;ed the Iri&s;h Commi&s;&s;ioners (&s;ent to pre|&s;ent &s;ome grievances to the Parliament) with a &s;hort, unpolitick har&s;h An&s;wer.</P>
<P N="3">3. They who took off <HI>Straffords</HI> Head (the onely Ob&s;tructor of that Rebellion) and afterwards retarded the Earl of <HI>Leice&s;ters</HI> going into <HI>Ireland.</HI></P>
<P N="4">4. They who hindered part of the disbanded Army of 8000. Men, rai&s;ed by the Earl of <HI>Strafford,</HI> being Souldiers of Fortune, to go &s;erve the Spaniard, as his Maje&s;ty had promi&s;ed the two Spani&s;h Amba&s;&s;adors, the Marque&s;&s;es of <HI>Velada</HI> and <HI>Maluezzi:</HI> which ca&s;hiered di&s;contented men fir&s;t put fire to the Tumult. They who did all this, are guilty of the Iri&s;h Rebellion, and of the blood of above 100000 Prote&s;tants who peri&s;hed in that War. Adde, They who importuned the King (contrary to His judgment) to make the Iri&s;h de&s;perate by pa&s;&s;ing an Act <HI>to con|fi&s;cate their e&s;tates, and grant them away to &s;uch as &s;hould advance Monies upon Iri&s;h Adventures.</HI></P>
<P>Touching the War kindled in <HI>England,</HI> the Author con|fe&s;&s;eth it was a fatal thing there &s;hould be a withdrawing of the Kings Per&s;on from the Parliament. But averreth it was a barba|rous thing that the King with above four parts in five of the Lords, and two parts in three of the Commons, &s;hould be frigh|ted away by Tumults rai&s;ed by <HI>Ven</HI> and <HI>Bourges,</HI> and a <HI>De|&s;ign
<PB N="217" REF="216"> to &s;eize the Kings Per&s;on;</HI> yet it is fit it &s;hould be remem|bred.</P>
<P N="1">1. <HI>What reiterated Me&s;&s;ages his Maje&s;ty &s;ent,</HI> offering to return, if there might be a cour&s;e taken to &s;ecure his Per&s;on, with tho&s;e Peers and Commons rioted away.</P>
<P N="2">2. <HI>That there was not the lea&s;t motion towards War, until</HI> Hotham <HI>&s;hut the Gates of</HI> Hull <HI>again&s;t the King,</HI> attended onely with &s;ome few of his hou&s;hold &s;ervants; which Act of his was ap|proved of afterwards by the Hou&s;e of Commons Vote, as if he had done it by their warrant.</P>
<P N="3">3. <HI>That a while after, there was an Army of</HI> 16000. <HI>men effe|ctive inrolled about London,</HI> to fetch Him to His Parliament, and remove ill Coun&s;ellors, under the Earl of <HI>E&s;&s;ex,</HI> long before the King began to &s;et up His Standard.</P>
<P N="4">4. That the &s;ame Army &s;o rai&s;ed, to bring the King to His Parliament, was continued two years after to keep Him from His Parliament.</P>
<P N="5">5. <HI>Who interdicted Trade fir&s;t, and brought in Forreign Force to help them? and who&s;e Commi&s;&s;ions of War were near upon two years date before the Kings.</HI></P>
<P N="6">6. That in all His Declarations, He alwayes prote&s;ted, He waged not War again&s;t the Parliament, but again&s;t &s;ome Sedi|tious Members, again&s;t whom He could not obtain Common Ju&s;tice.</P>
<P N="7">7. <HI>That upon all good Succe&s;&s;es, the King &s;till courted the Parlia|ment and City to an Accommodation.</HI></P>
<P N="8">8. That upon the Treaty of <HI>&V;xbridge, The King moved, that (to prepare mens mindes to Peace) there might be freedome of Trade</HI> from Town to Town: <HI>A ce&s;&s;ation of all Acts of Ho&s;tility</HI> for the time, that the inflamation being allayed, the wound might be cured the &s;ooner.</P>
<P N="9">9. <HI>That this pre&s;ent Army remember how often in their Propo|&s;alls and Declarations they prote&s;ted, That their aim was, to re&s;tore His Maje&s;ty with Honour, Freedome, and Safety,</HI> whereunto they were formerly bound by their Prote&s;tation and Covenant; and that <HI>the two Commanders in Chief pawn'd their Souls to Him there|upon.</HI></P>
<P N="10">10. That to &s;ettle Peace, the King did in effect (by His Con|ce&s;&s;ions)
<PB N="218" REF="217"> <HI>part with His Sword, Scepter, and Crown, and every thing that was per&s;onal to Him.</HI></P>
<P N="11">11. With what admired Temper, Prudence, Con&s;tancy, He comported Him&s;elf in His Afflictions; and how many of His engaged Enemies became His Converts thereby, &s;peaking Pane|gyricks in His prai&s;e.</P>
<P N="12">12. That though there be &s;ome precedents in our Hi&s;tories for Depo&s;ing Kings in point of Competition for the Crown; yet it is unexampled, That a King of <HI>England,</HI> of an undoubted Title, &s;hould be Summoned, Arraigned, Tryed, Condemned, and Executed at His own Door, by His own Subjects, and <HI>by the Name of their King, to whom they had &s;worn Allegiance; Contrary to the whole Current of the Law, which &s;aith, The King can do no wrong, The Crown takes away all defects:</HI> Wherefore it was ad|judged &s;uperfluous to take off Attainders, under which <HI>Hen.</HI> 7. and Queen <HI>Eliz.</HI> lay, becau&s;e the Crown wiped off all Blots. <HI>Rex non habet Parem in &s;uis Dominiis nec Superiorem, &s;atis habet Rex ad poenam, quod Deum expectat ultorem.</HI> If therefore <HI>by the Laws of the Land, all men mu&s;t be Tried by their Peers, and the King have no Peer,</HI> what power had the&s;e Men to Arraign their King? to be <HI>both His engaged Enemies, Accu&s;ors, and Judges; and to Erect an unpre&s;idented Tribunal, without the lea&s;t Foundation in Law,</HI> with <HI>power,</HI> and <HI>purpo&s;e to condemn all</HI> that came before it; and that <HI>Sentence of Death &s;hould pa&s;s without conviction, or Law, again&s;t the Head, and Protector of our Laws, and Fountain of Ju&s;tice and Mercy.</HI></P>
<P N="13">13. That they who (by their own Confe&s;&s;ion) <HI>repre&s;ent but the Common People,</HI> &s;hould a&s;&s;ume power to cut him off, <HI>who im|mediately repre&s;ented God.</HI></P>
<P><NOTE PLACE="marg">203. Mr. <HI>Pryns</HI> ex|cellent Book entituled [<HI>A legal Vindica|tion of the Li|berties of</HI> England] illegal axes, and pretended Acts of Parliament abridged in part, but the whole commended to be &s;eriou&s;ly read by all men.</NOTE>About the &s;ame time Mr. <HI>William Pryn</HI> A&s;&s;igned his Rea&s;ons, why he could <HI>neither in Con&s;cience, Law, nor Prudence, voluntarily &s;ubmit to pay the Arbitrary illegal Tax of</HI> 90000 l. <HI>a Month, im|po&s;ed upon the People, by a pretended Act of the Commons, bearing Date</HI> 7. <HI>of</HI> April 1649. <HI>towards the maintenance of Forces to be continued in</HI> England <HI>and</HI> Ireland.</P>
<PB N="219" REF="217">
<P>Becau&s;e by the <HI>Fundamental Laws,</HI> and <HI>known Statutes</HI> of this Land, <HI>No Tax, &amp;c. ought to be Impo&s;ed, or Leavied, but by the Will and common A&s;&s;ent of the Earls, Barons, Knights, Burge&s;&s;es, Com|mons, and whole Realm, in a free and full Parliament.</HI> See <HI>Magna Charta,</HI> 29, 30. Stat. 25 <HI>Edw.</HI> 1. chap. 5, 6. 34 <HI>Edw.</HI> 1. <HI>De Tallagio non concedendo,</HI> c. 1. 21 <HI>Edw.</HI> 3. Rot. Parl. nu. 16. 25 <HI>Edw.</HI> 3. c. 8. 36 <HI>Edw.</HI> 3 Rot. Parl. nu. 26. 45 <HI>Edw.</HI> 3. Rot. Parl. nu. 42. 11 <HI>Hen.</HI> 4. Rot. Parl. nu. 10. 1 <HI>Rich.</HI> 3. c. 2. <HI>The Petition of Right, and Re&s;olutions of both Hou&s;es again&s;t Loans,</HI> 3 Car. <HI>The Votes and Acts again&s;t Ship-money, Knighthood, Tonnage and Poundage,</HI> and the Star-chamber this Parliament, 17, 18. Car. agreed to by Mr. <HI>William Hack|wel,</HI> in his Argument again&s;t Impo&s;itions. Judge <HI>Hutton</HI> and <HI>Crock</HI> in their Arguments; Mr. <HI>Saint Johns in his Argument and Speech again&s;t Ship-money,</HI> with others Arguments and Di&s;cour&s;es upon that &s;ubject. Sir <HI>Ed. Cock</HI> in his 2 In&s;tit. pag. 59. 60 527, 528, 529, 532, 533. But this A&s;&s;e&s;&s;ement was not &s;o legally im|po&s;ed, <HI>Ergo,</HI> I, nor no man el&s;e ought to pay it. 1. <HI>This Tax was not impo&s;ed by any Parliament; The late Parliament being actu|ally di&s;&s;olved above two months before this pretended Act was pa&s;&s;ed for impo&s;ing it, by the Murder of the King,</HI> as is re&s;olved by the Parliament. 1 <HI>Hen.</HI> 4. Rot. Parl. nu. 1. 4 <HI>Hen.</HI> 4. and 1 <HI>Hen.</HI> 5. Rot. Parl. nu. 26. <HI>Cooks</HI> 4. In&s;titutes, p 46. 4 <HI>Edw.</HI> 4. 44. 6. <HI>For the King being both the Beginning, End, and Foundation of Parliaments</HI> (ac|cording to <HI>Modus tenendi Parliamentum,</HI> and Sir <HI>Edw. Cook</HI> 4. In|&s;tit. p. 3.) which are <HI>Summoned and Con&s;tituted only by his Writ, the Writ is actually abated by his Death.</HI> 1 <HI>Edw.</HI> 6. c. 7. <HI>Cooks</HI> 7. Rep. 30, 31. <HI>Dyer</HI> 165. 4 <HI>Ed.</HI> 4. 43, 44. 1 <HI>Ed.</HI> 5. 1 <HI>Brook</HI> Comi&s;&s;ion, 19. 21.</P>
<P><HI>It appears by the Writs of Summons to the Lords (Crompt.</HI> Juri&s;|diction of Courts, fol. 1. <HI>Cooks</HI> 4. In&s;tit. p. 9. 10.) <HI>and of Elections,</HI><NOTE PLACE="marg"><HI>Quere,</HI> How a Parliament Summoned by the Writ of K. <HI>Charles</HI> I. and called <HI>Parliamentum No&s;trum ad tractandum nobi&s;cum &s;uper arduis negotiis regni no&s;tri,</HI> can be continued one and the &s;ame Parl. after the Kings death that called it; and the Monar|chy changed into a Commonwealth? formally it cannot be the &s;ame, the Head thereof being gone. The Lords Hou&s;e and Monarchy being aboli&s;hed, and the State not the &s;ame; materially it cannot be the &s;ame, &s;o many of the ancient Members being thrown out, and new ones un|duly elected brought in. But there are &s;ome pragmatical Taylors in the Hou&s;e, who can make a garment fit for all &s;tates of the Moon, and a Parl. fit for all changes of the State.</NOTE> <HI>and leavying their Wages:</HI> That the Parliament was only <HI>Par|liamentum no&s;trum,</HI> the Parliament of the Kings that is Dead,
<PB N="220" REF="218"> <HI>not of his Heirs and Succe&s;&s;ors,</HI> They are all Summoned to come to <HI>his Parliament to advi&s;e with him (nobi&s;cum,</HI> not with his Heirs and Succe&s;&s;ors) of great and weighty Affairs concerning, <HI>Nos &amp; Regnum nostrum,</HI> Him and his Kingdome, 5 <HI>Edw.</HI> 3. 6. part 2. <HI>Dor&s;. Clau&s;.</HI> Regi&s;t. fol. 192, 200. So the <HI>King being dead, and his Writ and Authority by which they were Summoned, and the end for which they were Called: Ad Tractandum ibidem nobi&s;cum, &s;uper arduis negotiis nos &amp; &s;tatum Regni no&s;tri tangentibus,</HI> being thereby ab|&s;olutely determined without any hope of revival: <HI>The Parlia|ment is determined thereby, e&s;pecially as tho&s;e who have Di&s;-inherited his Heirs and Succe&s;&s;ors, and Voted down Monarchy it &s;elf, and the Remnant now &s;itting are no longer Members of Parliament, as all Judges, Ju&s;tices of the Peace, Sheriffs, made onely by the Kings Writ or Commi&s;&s;ion,</HI> and not by <HI>Patent,</HI> Cea&s;e and become void by the Kings death, for this very rea&s;on, becau&s;e they are con&s;tituted, <HI>Ju&s;titiarios &amp; Vicecomites no&s;tros ad pacem no&s;tram, &amp;c. cu&s;todien|dum.</HI> The King being dead, his Writs and Commi&s;&s;ions expire with Him. 4 <HI>Ed.</HI> 4. 43. 44. <HI>Brook</HI> Office and Officer 25. Commi&s;&s;ion, 19. 21. <HI>Dyer.</HI> 195. <HI>Cook</HI> 7. Rep. 30, 31. 1 <HI>Ed.</HI> 6. c. 7. <HI>Daltons</HI> Ju&s;tice of Peace, chap. 3. pag. 13. <HI>Lambert,</HI> pag. 71.</P>
<P><MILESTONE UNIT="Object."> If any object the Act of continuance of the Parliament, 17 <HI>Car. That this pre&s;ent Parliament &s;hall not be di&s;&s;olved unle&s;s it be by Act of Parliament for that purpo&s;e.</HI></P>
<P><MILESTONE UNIT="An&s;w."> It is An&s;wered, <HI>That it is a Maxim in Law, That every Statute ought to be expounded according to the intent of tho&s;e that made it, and the mi&s;chiefes it intended onely to prevent.</HI> 4 <HI>Edw.</HI> 4. 12. 12 <HI>Edw.</HI> 4. 18. 1 <HI>Hen.</HI> 7. 12, 13. <HI>Plowdens</HI> Comment. fol. 369. <HI>Cooks</HI> 4. In&s;ti|tutes pag. 329, 330. <HI>Now the intent of the Makers of this Act, was not to prevent the Parliaments di&s;&s;olution by the Kings Death (no wayes intimated in any clau&s;e thereof, although it be a clear di&s;&s;o|lution of it to all intents, not provided for by this Act) but by any Writ, or Proclamation of the Kings by his Regal Power,</HI> without the con&s;ent of both Hou&s;es, which I &s;hall prove by the Arguments following.</P>
<P N="1">1. <HI>From the principal occa&s;ion of making the &s;aid Act.</HI> The Commons in their <HI>Remon&s;trance,</HI> 15. <HI>Decemb.</HI> 1642. complain, That the King had di&s;&s;olved all former Parliaments again&s;t ap|probation of both Hou&s;es of Parliament; <HI>Wherefore to prevent
<PB N="221" REF="218"> the Di&s;&s;olution, Prorogation, or Adjournment of this pre&s;ent Parl. by the Kings Regal Power, after the</HI> Scots <HI>Army &s;hould be disband|ed, and before the things mentioned in the Preamble could be effected, was the ground and occa&s;ion of this Law:</HI> and not any fear of Di&s;|&s;olving the Parliament by the Kings death, Natural, or Violent, which is confe&s;&s;ed by the Commons in the &s;aid Remon&s;trance, <HI>Exact Collect.</HI> pag. 5, 6. 14, 17. compared together, where they Affirm, The abrupt di&s;&s;olution of this Parliament is prevented by another Bill, &amp;c. In the Bill for continuance of this Parlia|ment, <HI>there &s;eemes to be &s;ome re&s;traint of the Royal power in Di&s;|&s;olving of Parliaments; not to take it out of the Crown, but to &s;u&s;pend the execution of it for this time,</HI> and occa&s;ion onely, which was &s;o nece&s;&s;ary for the Kings own Security, and the Publick Peace, that without it we could not have undertaken any of tho&s;e great Charges, but mu&s;t have left both Armies to di&s;order and confu|&s;ion, &amp;c.</P>
<P N="2">2. <HI>The very Title of this Act [an Act to prevent inconveniences which may happen by the untimely Adjourning, Proroguing, or Di&s;|&s;olution of this pre&s;ent Parliament] intimates as much, compared with the body of it, which provides as well again&s;t the Adjourning, or Proroguing without an Act, as again&s;t a Di&s;&s;olution. Now the Par|liament cannot be &s;aid to be Adjourned, or Prorogued untimely by the Kings Death (which never Adjourned, or Prorogued any Parliament) but onely by his Proclamation, Writ, or Royal Command to the Hou|&s;es, or their Speaker executed during his life-time,</HI> See Parl. Rolls, 6 <HI>Edw.</HI> 3. 2. Rot. Parl. 3. 6. 5 <HI>Ric.</HI> 2. n. 64, 65. 11 <HI>Ric.</HI> 2. nu. 14, 16, 20. 8 <HI>Hen.</HI> 4. nu. 2, 7. 27 <HI>Hen.</HI> 6. nu. 12. 28 <HI>Hen.</HI> 6. nu. 8, 9, 11. 29 <HI>Hen.</HI> 6. nu. 10, 11. 31 <HI>Hen.</HI> 6. nu. 22, 30, 49. and <HI>Cooks</HI> 4. In&s;tit. p. 25. <HI>Dyer fol.</HI> 203.</P>
<P N="3">3. <HI>The Prologue of the Act implies as much, whereas great &s;umms of Money mu&s;t of nece&s;&s;ity be &s;peedily advanced</HI> for relief of His Maje&s;ties Army (not his Heir or Succe&s;&s;or) and for &s;up|plying other His Maje&s;ties (not his Heires, nor Succe&s;&s;ors) oc|ca&s;ions, which cannot be &s;o timely effected as is requi&s;ite, without credit for rai&s;ing the &s;aid Monies; which credit can|not be attained until &s;uch Ob&s;tacles be fir&s;t removed, as are oc|ca&s;ioned by Fears and Jealou&s;ies; <HI>That this Parliament may be Adjourned, Prorogued, or Di&s;&s;olved, before Ju&s;tice &s;hall be duly exe|cuted
<PB N="222" REF="219"> upon Delinquents</HI> (then in being, as <HI>Strafford, Canterbury,</HI> not &s;ince made) <HI>Publique Grievances</HI> (then complained of, as Star-chamber, High Commi&s;&s;ion, Ship-money, Knighthood-money, Tonnage, and Poundage, &amp;c.) redre&s;&s;ed: <HI>Peace concluded</HI> be|tween the two Nations, <HI>&s;ufficient provi&s;ions made for repayment</HI> of the &s;aid monies (not others &s;ince) &s;o to be rai&s;ed. <HI>All which expre&s;&s;ions related onely to His late Maje&s;ty, as to His Acts of Royal Power, not to His Heires and Succe&s;&s;ors, after His Natural (much le&s;s) Violent death,</HI> which was not then thought on, but publick|ly Dete&s;ted, and Prote&s;ted again&s;t; no Man being &s;o hardy as to mention it for fear of the Law, not then &s;ubdued by the Sword; And the &s;everal Principal Scopes of this Act are fully &s;atisfied long before the late Kings death.</P>
<P N="4">4. <HI>It is clear by the Body of this Act;</HI> And be it declared, &amp;c. That this pre&s;ent Parliament, &amp;c. <HI>&s;hall not be di&s;&s;olved, unle&s;s it be by Act of Parliament to be pa&s;&s;ed for that purpo&s;e; nor &s;hall at any time,</HI> or times during this pre&s;ent Parliament, <HI>be Adjourned, or Prorogued,</HI> unle&s;s it be by Act of Parliament to be pa&s;&s;ed for that purpo&s;e; and that the Hou&s;e of Peers &s;hall not at any time, or times, during this pre&s;ent Parliament, be Adjourned, unle&s;s it be by them&s;elves, or by their own Order. And in like manner, <HI>That the Hou&s;e of Commons &s;hall not at any time,</HI> or times be Ad|journed, &amp;c. as afore&s;aid. From whence it is undeniable.</P>
<P N="1">1. <HI>That this Act was onely to prevent untimely Di&s;&s;olving, Pro|roguing, and Adjourning</HI> of that pre&s;ent Parliament then a&s;&s;em|bled, and no other, by <HI>Acts of Royal Power.</HI></P>
<P N="2">2. <HI>That the King was the Principal E&s;tate, and Member,</HI> yea, our Soveraign Lord, the &s;ole Declarer, and Enacter of this Law, by A&s;&s;ent of the Lords and Commons.</P>
<P N="3">3. <HI>That neither this Act, nor any other, for Di&s;&s;olving, Proroguing, or Adjourning this Parl. could be made without the Kings Royal A&s;|&s;ent,</HI> which the Lords and Commons in their Remon&s;trance, 26. <HI>May,</HI> 1642. often acknowledge, together with His Negative Voice to Bills, <HI>exact. Collect.</HI> p. 69, 70. 736. 709. 722.</P>
<P N="4">4. <HI>That it was not the Kings intent in pa&s;&s;ing this Act, to &s;hut Him&s;elf out of Parliament,</HI> or create Members of Parliament without a King, as He profe&s;&s;eth, <GAP DESC="foreign">, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">. 5. <HI>Nor the Lords and Commons intent to Di&s;-member Him from His Parlia|ment,</HI>
<PB N="223" REF="219"> and make them&s;elves a Parliament without Him, as their &s;aid Remon&s;trance te&s;tifies; and the words of the Act import, <HI>much le&s;s was it their intent to pack a Parliament of</HI> 40 <HI>or</HI> 50 <HI>Commons onely, &s;elected by Colonel</HI> Pride, <HI>to Vote according to the Dictates of a Councel of War,</HI> after they had de&s;troyed the King, and Hou&s;e of Peers: <HI>Again&s;t which tran&s;cendent u&s;urpati|on this very Act provides, That the Hou&s;e of Peers &s;hall not be &s;o much as Adjourned, or Prorogued, but by them&s;elves, or their own Order.</HI></P>
<P N="5">5. <HI>Neither did King, Lords, and Commons, in pa&s;&s;ing this Act intend, That by Murdering the King, Aboli&s;hing the Hou&s;e of Lords, and expelling by power of the Sword eight parts of ten of the Commons, the remaining Faction &s;hould con titute them&s;elves, their Heires and Succe&s;&s;ours, a perpetual Parliament,</HI><NOTE PLACE="marg">It is again&s;t the nature, and e&s;&s;ence of a Parl. to be Perpetual, and again&s;t the Li|berty of the People.</NOTE> which would Cro&s;&s;e, and Repeal the Act for a Triennial Parliament made on the &s;ame day in Law. <HI>Brook,</HI> Parliament 80. Relation 85. <HI>Dyer</HI> 85.</P>
<P N="6">6. <HI>The la&s;t Clau&s;e of this Act concludes as much. And that all, and every thing, or things what&s;oever done, or to be done (to wit, by the King, or his Authority) for the Adjournment, Proroguing, or Di&s;|&s;olving of this Parliament,</HI> contrary to this pre&s;ent Act, &s;hall be utterly void and of none effect. <HI>Now Death of the King, and Di&s;|&s;olution of this Parliament thereby, cannot properly be &s;tiled a thing done, or to be done by the King, if by tho&s;e words (things done, or to be done for the di&s;&s;olving, &amp;c.) they &s;hall &s;ay, they related to the Kings Natural Death:</HI> Natural Death is the Act of God, which the&s;e Saints cannot make void, <HI>if they related to His violent Death, it could not then be &s;aid a thing done, or to be done for the unlawfulne&s;s and inju&s;tice of it. This Act pa&s;&s;ed long before any War or Blood&s;hed;</HI> The onely pretence they have &s;ince found out for the Kings Murder.</P>
<P N="2">2. If this Parliament were not Di&s;&s;olved by the Kings Death, <HI>Yet the Hou&s;e of Peeres (formerly Voted) down by the Commons, gave no con&s;ent to the pa&s;&s;ing this Act,</HI> Entituled, <HI>An Act of the Hou&s;e of Commons;</HI> who, without the concurring A&s;&s;ent of the Lords, and the Kings Royal A&s;&s;ent, have no power to pa&s;&s;e any Act, Make, or Declare any Law, or impo&s;e any Tax, as ap|peares by the fore-recited Acts; The <HI>Petition of Right,</HI> The <HI>Act
<PB N="224" REF="220"> for the Triennial Parliament,</HI> and this very Act again&s;t Di&s;&s;olving, Proroguing, &amp;c. with all our Printed Statutes, Parliament Rolls, and Law-Books. The Commons being &s;o far from claiming the &s;ole Legi&s;lative power heretofore, as that they were not Sum|moned to our Ancient Parliaments, (which con&s;i&s;ted onely of King, Lords, Temporal and Spiritual) until 47 <HI>Hen.</HI> 3. nor had they &s;o much as a Hou&s;e of Commons, or Speaker, until the Reign of <HI>Edw.</HI> 3. nor never tendred any Acts, or Bills to the King, but Petitions onely of Grievances, until long after <HI>Rich.</HI> 2. time. See the Printed Prologues to the Stat. 1, 4, 5, 9, 10, 20, 23, 36, 37. 50 <HI>Edw.</HI> 3. 1 <HI>Ric.</HI> 2. 1, 2, 4, 5, 7, 9, 11. 13 <HI>H<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">n.</HI> 4. 1, 2, 3, 4, 8. 9 <HI>Hen.</HI> 5. 1, 2, 3, 4, 6, 8, 9, 10, 11, 14, 15, 28, 29. 39 <HI>Hen.</HI> 6. 1, 4, 7, 8, 12, 17. 22 <HI>Edw.</HI> 4. 1 <HI>Rich.</HI> 3.</P>
<P N="3">3. <HI>But &s;uppo&s;e the Commons alone had p wer to impo&s;e Taxes, yet it mu&s;t be in a full, and free Hou&s;e:</HI> whereas, when this Act for 90000 l. a Moneth pa&s;&s;ed, the Hou&s;e was neither Full, nor Free, The Major part of the Hou&s;e (who by Law are the Hou&s;e) to wit, 8. parts of 10. at tht lea&s;t, being Secured, or Secluded by Col. <HI>Pride,</HI> and his Souldiers, by Confederacy with tho&s;e 40 or 50 then &s;itting when this Act pa&s;&s;ed, and pa&s;&s;ing the Wills of the Councel of Officers, to the &s;ubver&s;ion of Parliaments, and the great wrong of tho&s;e Counties and Burroughs for whom they &s;erved.</P>
<P><MILESTONE UNIT="Object."> If it be objected, that by u&s;age of Parliament, 40 <HI>Members make a Hou&s;e of Commons.</HI></P>
<P N="1"><MILESTONE UNIT="An&s;w."> 1. I An&s;wer, not to all intents and purpo&s;es; <HI>Not to grant Sub&s;idies, nor pa&s;s Lawes, or matters of greatest moment, Modus te|nendi Parl. Cooks</HI> 4. In&s;tit. pag. 1, 2, 26, 35, 36. <HI>Cromptons</HI> Juri&s;. of Courts, fol. 1. 39 <HI>Edw.</HI> 3. 7. <HI>Brook,</HI> Parl. 27. 1 <HI>Jac.</HI> 1.</P>
<P N="2">2. 40 Members make not a Hou&s;e, when the re&s;t are Exclu|ded by force without doors, and fraud of their Fellow-members within doors, on purpo&s;e, that (being the Major number) they may not over-vote them. <HI>The Commons not having power to expel any of their Members, without con&s;ent of King and Lords, in whom onely the Judicial Power re&s;ides. Paribus in Pares non e&s;t Pote|&s;tas,</HI> Clau&s;. <HI>Dor&s;.</HI> 7 <HI>Rich.</HI> 2. <HI>M.</HI> 27. <HI>Seldens</HI> Title of Honour, pag. 737, Baron <HI>Camoyes</HI> ca&s;e di&s;charged by the Kings Writ, and Judgment from &s;erving among&s;t the Commons, becau&s;e a
<PB N="225" REF="220"> Peer of the Realm: The practice for Members to Expel and Seque&s;ter their Fellow-members, being a late dangerous in|novation, to pack a Factious Conventicle in&s;tead of a Parlia|ment.</P>
<P>If the King &s;hould &s;end forth no more Writs than would Summon forty or fifty Commons, it were no Hou&s;e.<NOTE PLACE="marg">Added by the Abridger.</NOTE></P>
<P>So Mr. <HI>Pryn</HI> concludes, That if he &s;hould voluntarily &s;ubmit to pay this Tax, by vertue of the &s;aid pretended Act of Parlia|ment Dated 7. <HI>of</HI> April, 1649. made by tho&s;e now &s;itting (&s;ome of who&s;e Elections have been Voted void, others of them E|lected by new Illegal Writs, under a new kinde of Seal, &s;ince the Kings Beheading; as the Earl of <HI>Pembroke,</HI> and Lord <HI>Edward Howard,</HI> uncapable of being Knights or Burge&s;&s;es by the Com|mon Law, becau&s;e Peers of the Realm, as was adjudged in the Lord <HI>Cannoyes</HI> ca&s;e, <HI>Clau&s;. Dor&s;.</HI> 7 <HI>Rich.</HI> 2. M. 32. and a&s;&s;erted by Mr. <HI>Seldens</HI> Titles of Honour, Part. 2. chap. 5. pag. 735. Seconded by <HI>Cooks</HI> 4. In&s;tit. pag. 1, 4, 5, 46, 47, 49.) As he &s;hould admit tho&s;e to be lawful Members, &s;o he &s;hould a&s;&s;ent to <HI>ex po&s;t facto,</HI> &s;ome particulars again&s;t his Knowledge, and again&s;t the Oathes of Allegiance, Supremacy, Prote&s;tation, Solemn League and Co|venant, taken in the pre&s;ence of God, with a &s;incere heart, and real intention to perform the &s;ame; and per&s;evere therein all the dayes of his life, without &s;uffering him&s;elf directly, or in|directly, by what&s;oever Combination, Per&s;wa&s;ion or Terrour to be withdrawn therefrom. As for example, he &s;hould thereby acknowledge contrary to his knowledge, and the &s;aid Oathes and Covenant.</P>
<P N="1">1. That there may be, and now is, a lawful Parliament of <HI>England,</HI> actually in being, and legally continuing after the Kings Death, con&s;i&s;ting only of a few late Members of the Com|mons Hou&s;e, without either King, Lords, or mo&s;t of their fel|low Members.</P>
<P N="2">2. That this Parliament &s;itting under a force, (and &s;o unduly Con&s;tituted, and packed by power of an Army combining with them) hath ju&s;t and lawful Authority.</P>
<P N="1">1. To <HI>violate</HI> the Priviledges, Rights, Freedomes, Cu&s;tomes, and <HI>alter the Con&s;titution</HI> of our Parliaments them&s;elves.</P>
<P N="2">2. <HI>To Impri&s;on, Seclude, and Expel</HI> mo&s;t of their fellow
<PB N="226" REF="221"> Members (the far major part of the Hou&s;e) for Voting and ac|cording to their Con&s;ciences (in favour of Peace, and &s;ettle|ment of the Commonwealth.)</P>
<P N="3">3. To <HI>Repeal</HI> all Votes, Ordinances, and Acts of Parliament they plea&s;e.</P>
<P N="4">4. To <HI>Erect new</HI> Arbitrary Courts of War and Ju&s;tice.</P>
<P N="5">5. To <HI>Arrain, Condemn,</HI> and <HI>Execute</HI> the King him&s;elf, with the Peers and Commons of this Realm, by a new kinde of Mar|tial Law, contrary to <HI>Magna Charta,</HI> The <HI>Petition of Right,</HI> 3. <HI>Car.</HI> and the known Laws of the Land.</P>
<P N="6">6. To <HI>Di&s;-inherit</HI> the Kings Po&s;terity of the Crown.</P>
<P N="7">7. <HI>To extirpate</HI> Monarchy, and the whole Hou&s;e of Peers.</P>
<P N="8">8. To <HI>Change and Subvert</HI> the Ancient Government, Seals, Laws, Writs, Legal proceedings, Courts, and Coyn of the Kingdome.</P>
<P N="9">9. To <HI>Sell and Di&s;po&s;e of all</HI> the Lands, Revenues, Jewels, Goods of the Crown, with the Lands of Deans and Chapters, (for thir own advantage, not the ea&s;ing of the people from Taxes.)</P>
<P N="10">10. To <HI>ab&s;olve them&s;elves (by a Papal kinde of power) and all the Subjects of England and Ireland,</HI> from all the Oaths and Engage|ments they have made to the Kings Maje&s;ty, His Heirs and Suc|ce&s;&s;ours; yea, from the very Oath of Allegiance, notwith&s;tand|ing this expre&s;s Clau&s;e in it (fit to be laid to heart by all con|&s;cientious Chri&s;tians) <HI>I do beleeve, and in con&s;cience am re&s;olved, That neither the Pope, nor any per&s;on what&s;oever, hath power to ab|&s;olve me of this Oath, or any part thereof, which I acknowledge by good and full Authority to be lawfully Ministred to me, and do re|nounce all Pardons and Di&s;pen&s;ations to the contrary.</HI></P>
<P N="11">11. To <HI>di&s;pence with our</HI> Prote&s;tation and Covenant &s;o Zea|lou&s;ly enjoyned by both Hou&s;es on all &s;orts of people.</P>
<P N="12">12. To <HI>di&s;po&s;e of</HI> the Forts, Ships, Forces, Offices, and places of Honour, Power, Tru&s;t, or Profit, to whom they plea&s;e (to their own party.)</P>
<P N="13">13. To <HI>Di&s;place and Remove</HI> whom they plea&s;e from their Of|fices, Tru&s;ts, Pen&s;ions, Callings and Franchi&s;es at their plea|&s;ures, without any Legal cau&s;e, or Trial.</P>
<P N="14">14. To <HI>make what New Acts, Laws, and Rever&s;e what Old
<PB N="227" REF="221"> ones they think meet, to in&s;nare and inthral</HI> our Con&s;ciences, E|&s;tates, Liberties and Lives.</P>
<P N="15">15. To <HI>create new mon&s;trous Trea&s;ons</HI> never heard of before, <HI>and to declare Real Trea&s;ons again&s;t the King, Kingdome and Par|liament to be no Trea&s;ons;</HI> and Loyalty, Allegiance, due obedience to our known Laws, and a con&s;cientious ob&s;erving our Oaths of Allegiance and Supremacy, and the Covenant, to be no le&s;s than High Trea&s;on; for which they may take away our Lives, and confi&s;cate our E&s;tates to their new Exchequer. Thereby at once repealing <HI>Magna Charta,</HI> c. 29. 5 <HI>Edw.</HI> 3. c. 6. 25 <HI>Edw.</HI> 3. c. 4. 28 <HI>Edw.</HI> 3. c. 3. 37 <HI>Edw.</HI> 3. c. 18. 42 <HI>Edw.</HI> 3. c. 3. 25 <HI>Edw.</HI> 3 c. 2. 11 <HI>Rich.</HI> 2. c. 4. 1 <HI>Hen.</HI> 4. c. 10. 2 <HI>Hen.</HI> 4. Rot. Parl. 11. n. 60. 1 <HI>Edw.</HI> 6. c. 12. 1 <HI>M.</HI> c. 1. <HI>The Petition of Right,</HI> 3 Car. So much commended this Parliament, and laying all our Laws, Liberties, E&s;tates and Lives wa&s;te, after they have drawn &s;o much Blood and Trea&s;ure from us, in defence of them.</P>
<P N="16">16. To <HI>rai&s;e and keep up what forces by</HI> Land and Sea they plea&s;e, and <HI>impo&s;e what Taxes they plea&s;e,</HI> and renew, increa&s;e, and perpetuate them to &s;upport their more than Regal or Par|liamentary power.</P>
<P N="17">17. To <HI>pack and &s;huffle them&s;elves into a Councel of Lords,</HI><NOTE PLACE="marg">This 17. is ad|ded by the A|bridger.</NOTE> <HI>States General (without any provincial States)</HI> forty Hogens Mogens, with Supream, Regal, and Arbitrary power, in ab&s;ence of Par|liaments which are Aboli&s;hed by the&s;e U&s;urpations as well as Monarchy.</P>
<P N="4">4. The principal ends propo&s;ed in the pretended Act for im|po&s;ing this 90000 l. a months Tax, oblige all men not to pay it, <HI>viz.</HI> The keeping up this Army under the Lord <HI>Fairfax.</HI></P>
<P N="1">1. <HI>Becau&s;e this Army, by rebelling again&s;t their Ma&s;ters,</HI> the Par|liament, and waging War upon them; and by con&s;piring with their own party of the &s;itting Commons have occa&s;ioned all the Mi&s;chiefs la&s;t mentioned, to the ruine of King, Parliament, and Kingdome, Religion, Laws, Liberty, and Property; and daily threaten an utter di&s;&s;olution, both in their Deeds, and Words. Both Officers and Souldiers Boa&s;ting, <HI>That the whole Kingdome, and all we have is theirs by Conque&s;t; That we are but their conquered Slaves and Va&s;&s;als, and they Lords of the Kingdome, That our Lives are at their Mercy and Courte&s;ie; That when they
<PB N="228" REF="222"> have gotten all we have from us by Taxes and Free-quarter, they will &s;eize our Lands, and turn &V;s, and our Families out of Doors, That there is no Law in</HI> England <HI>but the Sword</HI> (as <HI>Hugh Peters</HI> the Rebels Apo&s;tle &s;aith) <HI>The pre&s;ent power mu&s;t be obeyed</HI> (&s;aith para&s;itical <HI>John Goodwin</HI>) that is the power of the Sword &s;till.</P>
<P N="2"><NOTE PLACE="marg">More hath been rai&s;ed by Taxes the&s;e la&s;t eight years, than in all the Kings Reigns &s;ince the Conque&s;t, and no ac|count given,</NOTE>2. <HI>No Tax ought to be impo&s;ed but upon nece&s;&s;ity, for good of the people,</HI> 25 <HI>Edw.</HI> 1. chap. 6. <HI>Cooks</HI> 2. In&s;tit. pag. 528. But the keeping up this Army is the Bane of the people.</P>
<P N="1">1. Becau&s;e they are already exhau&s;ted with war, Plunder, Taxes, Free-quarter, &amp;c.</P>
<P N="2">2. Becau&s;e the Souldiers have decayed Trade, and brought a Dearth upon the Land.</P>
<P N="3">3. This Tax of 90000 l. a month de&s;troyed Trade, by Fore|&s;talling and Engro&s;&s;ing mo&s;t of the Money now left in the Kingdome.</P>
<P N="4">4. There is no Enemy in the Kingdome vi&s;ible, nor no fear of any, if we will beleeve our Grandees.</P>
<P N="5">5. When the King had two Armies in the Field, and many Garri&s;ons, this whole Army con&s;i&s;ted but of 22000. Men, and had an E&s;tabli&s;hed pay but of 45000 l. a month. See <HI>Ordinances</HI> 15. <HI>Feb.</HI> 1644. and 6. <HI>April</HI> 1646. <HI>Exact Collect.</HI> pag. 599, 876. But when the Army (by confederacy with their party in the Hou&s;e) took the boldne&s;s to increa&s;e their number without Order, 60000 l. a month, was thought abundantly &s;ufficient to pay the Army, and take off Free-quarter: And why this Tax &s;hould now be rai&s;ed to 90000 l. a month, when &s;undry Regiments of it are A&s;&s;igned for <HI>Ireland,</HI> and yet Free-quarter continued, is a my&s;tery of Iniquity which fills the Saints pockets with Mony, and all the World with Wonder.</P>
<P N="6">6. The Counties <HI>Militia</HI> (&s;o much contended for with the King) would better defend the Kingdome from Forreign Inva|&s;ions than a Mercinary Army. Therefore there is neither nece&s;|&s;ity, nor publick utility in keeping up this Army, or rai&s;ing Taxes to maintain them, or pay their pretended Arrears. The Free-quarter they have taken in kinde, and leavied in money, will treble their Arrears, and make them much indebted to the Country. Thus far (and much farther) Ma&s;ter <HI>Pryn,</HI> who&s;e
<PB N="229" REF="222"> whole Book at large I commend to all mens &s;erious peru&s;al.</P>
<P>The Marque&s;s of <HI>Ormond's</HI> happy atchievments in <HI>Ireland</HI> be|ginning to look formidably,<NOTE PLACE="marg">204. <HI>Cromwel</HI> &s;ets &s;ail for <HI>Ire|land.</HI></NOTE> had cooled the heat of K. <HI>Oliver's</HI> courage (though not of his Liver) in&s;omuch that he and his in|timate friends began to project how (without lo&s;s of reputation) to take him off from &s;o de&s;perate an Engagement, as (at that time) that &s;eemed to be: unnece&s;&s;ary delays were u&s;ed in Ship|ping his Men. <HI>Ha&s;lerig</HI> and his Party reported great terrours from <HI>Scotland. Oliver</HI> and his Blood-hounds of the Faction made a &s;hift to &s;mell out a &s;illy Plot in <HI>Dor&s;et&s;hire</HI> for &s;urpri&s;al of <HI>Weymouth</HI> and <HI>Portland</HI> for the <HI>KING:</HI> now laughed at, and exploded by their own News-books. And the tender-con&s;cien|ced Brethren were prompted to apprehend their own dangers, and put into a Petitioning po&s;ture, <HI>That &s;uch a Worthy of</HI> I&s;rael, <HI>&s;uch a cho&s;en In&s;trument of Gods mercy, might not in a time of dan|ger leave the Land of his Nativity, the Habitation of the Saints, to &s;eek forraign adventures in a Heathen Land:</HI> Whil&s;t the&s;e prepa|rations were making to withdraw <HI>Olivers</HI> &s;take, he appeared not openly in them, but making more &s;hew of the Lions skin than the Foxes, had written to Col. <HI>Jones</HI> how heartle&s;s his Souldiers were, and that unle&s;s <HI>Jones</HI> did by &s;ome &s;ucce&s;&s;eful Sally le&s;&s;en their terrour, he &s;hould not be able to get them on Ship-board. This was (like the Monkey) to rake Che&s;&s;enuts out of the fire with the Cats foot; to take a pre&s;age of his own &s;ucce&s;&s;e at Col. <HI>Jones</HI> hazard. <HI>Jones</HI> makes an attempt with better luck than he expected, though not with half &s;o good &s;ucce&s;&s;e as was repor|ted. Saturday, 12. <HI>Augu&s;t,</HI> when the news fir&s;t came to Town, (the Lion is not &s;o terrible as he is painted) it is a peculiar pri|viledge of the Saints to lie (without &s;in, or at lea&s;t, without im|putation of &s;in) for the good Cau&s;e, either <HI>in Re,</HI> or <HI>in modo Rei;</HI> in the matter, or manner; in the thing, or the extent thereof: yet this &s;ucce&s;s was enough to invite <HI>Cromwel</HI> over to pur&s;ue the Victory, and partake of the &s;poils, if not to u&s;urp the whole Ho|nour of the Atchievment to him&s;elf, by his accu&s;tomed &s;pecial prerogative. So upon the 16, or 17. of <HI>Augu&s;t,</HI> K. <HI>Nol</HI> &s;et &s;ail to|wards his new Principality, carrying (contrary to the cu&s;tome of the Sea) his Lanthorn in his Proawe, not in his Poop; where we will leave him for the pre&s;ent to his adventures.</P>
<PB N="230" REF="223">
<P><NOTE PLACE="marg">205. The A&s;&s;ocia|tion between <HI>O Neale</HI> and C. <HI>Monck.</HI> See the Paper at large.</NOTE>I have formerly hinted to you the Agreement made between Colonel <HI>Monck</HI> in behalf of the Parliament of <HI>England;</HI> and <HI>Owen Roe O Neale,</HI> the ma&s;&s;acring Iri&s;h Rebel: <HI>I</HI> have now occa|&s;ion to &s;peak more at large of it, and examine the truth of a Paper, called, [<HI>The true &s;tate of the Tran&s;actions of Col.</HI> George Monck <HI>with</HI> Owen Roe Oneale, <HI>as it was reported to the Parlia|ment by the Councel of State, &amp;c.</HI>] Printed by <HI>Edward Husbands,</HI> 15. <HI>Augu&s;t,</HI> 1649. The &s;aid agreement made between the Anti|monarchical Independent Party in <HI>Ireland,</HI> and the ma&s;&s;acring Antimonarchical Popi&s;h party under <HI>Owen Roe O Neale</HI> (being a meer con&s;piracy to root out Monarchy and Prote&s;tancy: fir&s;t, in <HI>Ireland,</HI> and then in <HI>England:</HI> and a &s;econd crucifying of Chri&s;t in his members between two Thieves, the Schi&s;matick and the Papi&s;t) was &s;o generally abhorred by the Engli&s;h Souldiery, that many there took occa&s;ion to for&s;ake the Engli&s;h Parliament; and many here disbanded rather than they would accompany <HI>Cromwel</HI> in &s;o wicked an expedition. Wherefore <HI>Cromwel</HI> writ Letters to his Creatures of the Councel of State by <HI>Monck</HI> him|&s;elf, complaining how much the mi&s;carriage of that Agreement had retarded his &s;aid Voyage; de&s;iring them (for &s;atisfaction of the Souldiery and People) to Treat with <HI>Monck</HI> to take the whole bu&s;ine&s;&s;e upon him&s;elf, and to clear the Councel of State, the Parliament, and <HI>Cromwel</HI> him&s;elf, from having any hand at all in it, which upon Terms of &s;afety and advantage (he &s;aid) he already found him inclinable to do. The better to carry on the &s;cene, this Agreement was with much heat of zeal complained of in the Apocryphal Hou&s;e of Commons by a Brother who had his cue before-hand, and by the Juncto was referred to the Coun|cel of State as was forelaid, where their High and Mightine&s;&s;es (after &s;ome private conference with <HI>Monck</HI> to accommodate the bu&s;ine&s;s) voted their di&s;like of it:<NOTE PLACE="marg"><HI>Scot</HI> having &s;tudied the Politiques in a Brewers Tally, is be|come a great State&s;-man in our new <HI>Ba|bel.</HI> See the &s;aid Paper, <HI>The true &s;tate, &amp;c.</HI></NOTE> <HI>Brad&s;haw</HI> reprehending <HI>Monck</HI> in je&s;t therefore. And at la&s;t they Ordered, <HI>That the whole bu&s;ine&s;s, with</HI> Moncks <HI>Rea&s;ons for his ju&s;tification, &s;hould be reported by</HI> Tho|mas Scot <HI>to the Hou&s;e of Commons;</HI> which was accordingly done Upon Friday, 10. <HI>Augu&s;t, Monck</HI> was called in to the Bar, where (among&s;t other things) the Speaker asked him, <HI>What Per|&s;ons he meant in his Letter to the L. Lievtenant of</HI> Ireland; wherein he &s;aith, <HI>He made the Agreement with</HI> O Neale <HI>with the advice of
<PB N="231" REF="223"> &s;ome others? Monk</HI> an&s;wered, <HI>that he did it upon his own &s;core, without advice of any other per&s;on; onely having di&s;cour&s;e with Co|lonel</HI> Jones: Jones <HI>told him, if he could keep</HI> Owen Roe <HI>and</HI> Or|mond <HI>from joyning, it would be a good &s;ervice.</HI> This An&s;wer (&s;uch as it is) was taken for &s;atisfactory in &s;o Comick an Interlude. The next demand was, <HI>Whether he had any Advice or Directions from the Parliament, Councel of State, Lord Lievtenant of</HI> Ireland, <HI>or any other Per&s;on here to do the &s;ame?</HI> which he did expre&s;ly de|ny, &s;aying, <HI>he did it upon his own &s;core.</HI> Hereupon the Hou&s;e voted as followeth:</P>
<P><HI>Re&s;olved, &amp;c. That the Hou&s;e doth utterly di&s;approve of the pro|ceedings of Col.</HI> Monck <HI>in the Treaty and Ce&s;&s;ation</HI> (as they plea&s;e to call it) <HI>made between him and</HI> Owen Roe O Neal, <HI>and that this Hou&s;e doth dete&s;t the thoughts of any clo&s;ing with any Party of Popi&s;h Rebels there, who have had their hands in &s;hedding Engli&s;h blood. Ne|verthele&s;s the Hou&s;e being &s;atisfied that what the &s;aid Col.</HI> Monk <HI>did therein, was, in his apprehen&s;ion nece&s;&s;ary for the pre&s;ervation of the Parliament of</HI> Englands <HI>Intere&s;t: That the Hou&s;e is content the farther con&s;ideration thereof, as to him, be laid a&s;ide, and &s;hall not at any time hereafter be called in que&s;tion.</HI> So <HI>exit Monck,</HI> and the Play was done: wherein take notice of the&s;e following Ob&s;er|vations.</P>
<P N="1">1. The Armies Doctrine,<NOTE PLACE="marg"><HI>See</HI> the An|&s;wer of the Councel of Of|ficers to the Parliaments Demand, con|cerning their &s;ecured Mem|bers: <HI>And</HI> their An&s;wer thereunto.</NOTE> and u&s;e of apprehended nece&s;&s;ity and good intentions to ju&s;tifie evil actions; approved of by this example of the Parliament (as they will be called.</P>
<P N="2">2. This Agreement (though it were at lea&s;t twelve Weeks a|go publickly known in <HI>England,</HI> and divulged in their own Li|cen&s;ed News-books) was never &s;crupled until now: That 1. the &s;aid Agreement was expired. 2. That <HI>O Neale</HI> was &s;o beaten by the Lord <HI>Inchiquine,</HI> that he is (as their own News-books &s;ay) incon&s;iderable, and mu&s;t &s;uddenly joyn with the Marque&s;&s;e of <HI>Ormond,</HI> or be de&s;troyed.</P>
<P N="3">3. That the&s;e <HI>Votes</HI> call this<NOTE N="*" PLACE="marg">Let me not &s;eem over|bold in main|taining a dif|ferent opinion, &s;ince Parliaments are no more infallible than Popes; and all humane opi|nions are equal unle&s;s Rea&s;on make the difference. I hope we have not lo&s;t our Rea&s;on with our Lawes and Liberties, nor the exerci&s;e and u&s;e of it.</NOTE> <HI>Agreement</HI> but <HI>a Treaty</HI> and <HI>Ce&s;|&s;ati<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">n of Arms:</HI> which (I affirm) to be a League Defen&s;ive and Offen&s;ive again&s;t <HI>Ormond, Inchiquine,</HI> and all that do and &s;hall
<PB N="232" REF="224"> uphold Monarchy (if not Prote&s;tancy too) for the&s;e Rea&s;ons: 1. Article &s;econd &s;aith, <HI>That upon all occa&s;ions both Parties be ready with their Forces to a&s;&s;i&s;t one another until a more ab&s;olute Agree|ment be made and condi&s;cended unto by the Parliament of</HI> England. This is beyond a Ce&s;&s;ation. 2. Article third, &s;aith, <HI>That the Creaghts of</HI> Ul&s;ter <HI>re&s;iding within the Quarters of Col.</HI> Monck, <HI>&s;hall pay Contribution to General</HI> Owen Oneale. This is a Conce&s;&s;ion of a great latitude, far beyond the authority of any &s;ubordinate Commander or General, and again&s;t the Lawes and Liberties of the Land <HI>to grant Taxes.</HI> It &s;hould &s;eem by this, that <HI>Oneale</HI> and his Army were become Mercenaries, taken into pay by <HI>Monck.</HI> 3. Article fourth, &s;aith, <HI>That if General</HI> Owen Oneale <HI>&s;hall happen to fight again&s;t the Forces under the Command of the Marque&s;&s;e of</HI> Ormond, <HI>the Lord</HI> Inchiquine, <HI>or any other Enemies of the Parliament of</HI> England, <HI>and thereby &s;p<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">nd his Ammunition, if he be near unto my Quarters, and be di&s;tre&s;&s;ed for want of Ammu|nition, I &s;hall then furni&s;h him.</HI> This was actually performed when my Lord <HI>Inchequine</HI> Be&s;ieged <HI>Dundalke.</HI> I make the &s;ame inter|pretation of this Article that I have made of the third. 4. The fifth Article alloweth to <HI>Oneale the u&s;e of any Harbours within Col.</HI> Moncks <HI>liberty;</HI> which likewi&s;e is too much fot a bare Ce&s;|&s;ation or Truce.</P>
<P N="4">4. Who can believe that any &s;ubordinate Officer commi&s;&s;io|nated to pro&s;ecute a War again&s;t <HI>Owen Roe</HI> and the re&s;t in Arms in that Kingdom, &s;hould dare to Treat and conclude an Agree|ment and conjunction with that very Enemy he had Commi&s;&s;i|on to fight again&s;t without the knowledge and directions (pub|lique or private) of tho&s;e from or under whom he hath his Au|thority; and &s;hould be &s;o bold when he had done to come over and ju&s;tifie his &s;aid doings, notwith&s;tanding they proved unpro&s;|perous? Col. <HI>Monck</HI> being &s;o much a Souldier as to know, <HI>That</HI> (all the world over) <HI>to exceed the bounds of his Commi&s;&s;ion</HI> (much more to act again&s;t his Commi&s;&s;ion, as in this ca&s;e) <HI>is a&s;&s;ured death without mercy, both by the Law Martial</HI> (without which Mi|litary Di&s;cipline will peri&s;h) <HI>and by the Lawes of hur Land.</HI></P>
<P N="5"><NOTE PLACE="marg"><HI>See the &s;aid</HI> Letter, <HI>print|ed at the lat|ter end of</HI> a Relation of the &s;ecuring and &s;ecluding of the Members by the Army.</NOTE>5. Wherefore was Sir <HI>John Winter</HI> and Sir <HI>Kenelm Digby</HI> &s;ent for over (as was foretold by an intercepted Letter, where|of
<PB N="233" REF="224"> of I have formerly &s;poken) and <HI>O Realy</HI> the Popes Iri&s;h Agent, and another Agent from <HI>Owen Roe O Neal</HI> privately entertained in <HI>England</HI> (as I have formerly hinted) but to drive on Treaties and A&s;&s;ociations of this nature? in&s;omuch that long &s;ince it was whi&s;pered among&s;t <HI>Cromwels</HI> party in <HI>England</HI> to uphold their &s;pirits) <HI>That upon his &s;hewing him&s;elf in Arms in</HI> Ireland, Ormonds <HI>Catholick Iri&s;h party would all for&s;ake him and go over to</HI> O Neal, <HI>who maintained the Popes Intere&s;t in that Kingdome.</HI><NOTE PLACE="marg">Nota.</NOTE></P>
<P>The afore&s;aid paper prinred by Authority, and &s;tiled <HI>The true State of the Tran&s;actions, &amp;c.</HI> be&s;ides the &s;aid <HI>Articles of Ce&s;&s;ation,</HI> &s;etteth down other Articles, called,
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="document">
<HEAD>The <HI>Propo&s;itions</HI> of General <HI>Owen O Neale,</HI> the Lords, Gentry, and Commons of the confederate Catholicks of <HI>&V;LSTER:</HI> To the mo&s;t High and mo&s;t Honourable, The PARLIAMENT of <HI>ENGLAND.</HI></HEAD>
<P N="1"><HI>1. INprimis,</HI> That &s;uch as are already joyned, or &s;hall within the &s;pace of three Months joyn with General <HI>Owen O Neale,</HI><NOTE PLACE="marg"><HI>[Within the &s;pace of three Months]</HI> is not in the &s;aid Copy printed at <HI>Cork.</HI></NOTE> in the &s;ervice of the Parliament of <HI>England,</HI> in this Kingdome, as well Clergy, as others, may have all Laws and Penalties again&s;t their Religion, and its Profe&s;&s;ors, taken off by Act of Parliament, and that Act to extend to the &s;aid parties, their Heirs and Succe&s;&s;ors for ever, while they Loyally &s;erve the Parliament of <HI>England.</HI></P>
<P N="2"><HI>2.</HI> The &s;aid General <HI>O Neale</HI> de&s;ireth an Act of Obli|vion to be pa&s;&s;ed, to extend to all and every of his party, for all things done &s;ince the beginning of the Year, <HI>1641.</HI></P>
<P N="3"><HI>3.</HI> They de&s;ire that General <HI>Owen O Neal</HI> be provided with a competent Command in the Army befitting his worth and quality.</P>
<P N="4"><HI>4.</HI> They de&s;ire that they may enjoy all the Lands that were, or ought to be in their, or their Ance&s;tors po&s;&s;e&s;&s;ion.</P>
<P N="5"><HI>5.</HI> That all incapacity, inability, and di&s;tru&s;t hither|to by Act of State, or otherwi&s;e, again&s;t the &s;aid party, be taken off.</P>
<P N="6"><PB N="234" REF="225"><HI>6.</HI> That on both &s;ides all jealou&s;ies, hate, and aver&s;ion be laid a&s;ide, &V;nity, Love, and Amity be renewed and practi&s;ed between both parties.</P>
<P N="7"><HI>7.</HI> That General <HI>Owen O Neale</HI> may be re&s;tored and put in po&s;&s;e&s;&s;ion of his Ance&s;tors E&s;tates, or &s;ome E&s;tates equivalent to it in the Counties of <HI>Tyrone, Ardmarch,</HI> or <HI>Londondery,</HI> in regard of his merit, and the good &s;er|vice that he &s;hall perform in the Parliament of <HI>Englands</HI> Service, in the pre&s;ervation of their Intere&s;t in this Kingdome.</P>
<P N="8"><HI>8.</HI> That the Army belonging to General <HI>Owen O Neale,</HI> and his party be provided for, in all points as the re&s;t of the Army &s;hall be.</P>
<P N="9"><HI>9.</HI> That the &s;aid party be provided with, and po&s;&s;e&s;&s;ed of a convenient Sea-port in the Province of <HI>Ul&s;ter.</HI></P>
<P><HI>I do upon receiving a confirmation of the&s;e Propo|&s;itions, forthwith undertake and promi&s;e in behalf of my &s;elf, and the whole party under my Command, faithfully and firmly adhere to the State of the Parlia|ment of</HI> England <HI>in this Kingdome, and maintain their Intere&s;t hereafter, with the hazard of our lives and fortunes:</HI></P>
<CLOSER><DATELINE>In witne&s;s whereof, I have hereunto put my Hand and Seal <DATE>this 8. day of <HI>May, An. Dom.</HI> 1649.</DATE></DATELINE>
<SIGNED>Signed, <HI>Owen O Neale.</HI></SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q></P>
<P>Thus far the &s;aid paper, &s;tiled <HI>[The true State, &amp;c.]</HI> goes on with the Relation of the &s;aid Treaty and Agreement, but con|ceals what farther Tran&s;actions pa&s;&s;ed between <HI>Monke</HI> and <HI>O Neal</HI> upon the la&s;t recited Propo&s;itions: Wherefore I &s;hall be bold to continue the Story of a paper,<NOTE PLACE="marg">The Story of the father Tran&s;actions between <HI>O Neale</HI> and <HI>Monke</HI> continued and enlarged out of the <HI>Propo&s;itions</HI> printed at <HI>Cork.</HI></NOTE> entituled [<HI>The Propo&s;itions of</HI> Owen Roe O Neal <HI>&s;ent to Col.</HI> Monke, <HI>and a Ce&s;|&s;ation
<PB N="235" REF="225"> for three Months concluded between them. Together with a Letter thereupon &s;ent by a Gentleman at</HI> Dundalk, <HI>to his Friend at</HI> Cork. <HI>Printed at</HI> Cork, 1649.] The la&s;t recited Propo&s;itions were &s;ent to <HI>Monke</HI> 25. day of <HI>April,</HI> 1649. who peru&s;ed them, and made &s;ome con&s;iderable Alterations in them, as appears by <HI>Monks</HI> Letter of An&s;wer thereupon to <HI>Owen O Neale,</HI> dated from <HI>Dundalke,</HI> 26. <HI>April</HI> 1649. as I finde it in the &s;aid paper printed at <HI>Cork</HI> in the&s;e words:
<LETTER LANG="eng">
<OPENER><SALUTE>SIR,</SALUTE></OPENER>
<P><HI>I</HI> Have received yours of the <HI>25. April,</HI> and I have &s;een your Order given to Captain <HI>Hugh Mac Patricke Mac Mahon</HI> to Treat and conclude a peace with me in the be|half of your &s;elf, and the Forces under your Command. I have peru&s;ed your Propo&s;itions, and conceiving there are &s;ome particulars in them which at fir&s;t view the Par|liament of <HI>England</HI> may &s;cruple to grant, I have made a &s;mall alteration in &s;ome of them, being well a&s;&s;ured, by it, you will not receive the lea&s;t di&s;advantage, but it will rather prove a means to beget an increa&s;e of their good opinion towards you and your party; which I believe your reality, fidelity, and action in their Service will &s;ufficiently merit, and in ca&s;e you approve of them, as I have revi&s;ed and altered them, I de&s;ire you to &s;end them to me Signed and Sealed by you, that I may pre&s;ent them to the Parliament of <HI>England,</HI> to obtain their favourable An&s;wer in return of them: And in the mean time I de|&s;ire that according to this inclo&s;ed paper, three Months Ce&s;&s;ation between us to be conde&s;cended unto, and in|violably kept between our Forces during the &s;ame time.</P>
<CLOSER><DATELINE>Dundalk,
<DATE>26. April, 1649.</DATE></DATELINE>
<SIGNED>George Monke.</SIGNED></CLOSER>
</LETTER></P>
<P N="1"><PB N="236" REF="226"><NOTE PLACE="marg">1. Ob&s;ervati|ons upon <HI>Monks</HI> letter.</NOTE>1. Col. <HI>Monke</HI> in his &s;aid Letter to <HI>O Neale,</HI> 26. <HI>April,</HI> an|&s;wereth him: 1. <HI>That he had peru&s;ed his Propo&s;itions, and conceiving there are &s;ome particulars which at fir&s;t view the Parliament of</HI> England <HI>may &s;cruple to grant, &amp;c.</HI> A gentle phra&s;e to nouri&s;h hopes in <HI>O Neale</HI> even of obtaining all his Demands (if need be) upon debate and deliberation, though not at fir&s;t view. <HI>That he hath made a &s;mall alteration in &s;ome of them</HI> (I confe&s;s very &s;mall) <HI>being well a&s;&s;ured he &s;hould not receive the lea&s;t di&s;advantage by it, &amp;c.</HI> From whom had <HI>Monke</HI> this A&s;&s;urance, unle&s;s from tho&s;e Men by who&s;e Authority and Directions (private or pub|lick) he pre&s;umed to Treat with that Enemy he was Commi&s;|&s;ioned to fight with, and who&s;e Names he doth conceal? <HI>That it</HI> (yeilding to <HI>M<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">nks</HI> amendments) <HI>would rather prove a means to beget an increa&s;e of their</HI> (the Parliaments) <HI>good opinion of</HI> Owen Roe O Neale <HI>and his party, &amp;c.</HI> It &s;hould &s;eem then the Parlia|ment had entertained a good opinion of <HI>O Neale</HI> and his party before hand; for every thing mu&s;t have a being, before it can have an increa&s;e of being. <HI>In ca&s;e you approve of them</HI> (the amend|ed Articles) <HI>I de&s;ire you to &s;end them to be &s;igned and &s;ealed by you, that I may pre&s;ent them to the Parliament of</HI> England <HI>to obtain their favourable An&s;wer in return of them, &amp;c.</HI> You &s;ee all <HI>Monke</HI> did was in reference to the Parliaments ratification; and there|fore rea&s;on tells us the Parliament was originally privy to the Treaty: It is not likely <HI>Monke</HI> &s;hould Treat upon his own head, and abruptly &s;end the re&s;ult of the Treaty to be confirm|ed by the Parliament without any warning foregoing to pre|pare them.</P>
<P><NOTE PLACE="marg">2. Ob&s;erva|tions upon the Propo&s;i|tions amend|ed. See the &s;aid Paper printed at <HI>Corke,</HI> e&s;peci|ally <HI>Monks</HI> Letter.</NOTE><HI>O Neale</HI> &s;ent his Letter and Propo&s;itions to <HI>Monke,</HI> Dated 25. <HI>April,</HI> 1649. <HI>Monke</HI> an&s;wered his Letter, and corrected <HI>O Neales</HI> Propo&s;ition the day after, being the 26. <HI>April.</HI></P>
<P>And the la&s;t mentioned Propo&s;itions of Gen. <HI>Owen O Neal, the Lords, Gentry, and Commons of the Confederate Catholiques of &V;l&s;ter, &amp;c.</HI> as well as the fir&s;t mentioned Articles <HI>for three Months Ce&s;&s;ation, &amp;c.</HI> bear Date 8. <HI>May,</HI> 1649. which I conceive to be the Date given them when they were ratified by the Parliament, or Councel of State. See the &s;aid Paper <HI>[The true &s;tate of the Tran&s;actions, &amp;c.]</HI> Then follows:
<Q><PB N="237" REF="226">
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="document">
<HEAD>A &s;econd Copie of <HI>Owen Roe Oneales</HI> Propo&s;itions as they were corrected by Col. <HI>Monck,</HI><NOTE PLACE="marg">Paper print|ed at <HI>Cork.</HI></NOTE> and &s;ont to <HI>Oneale</HI> to be &s;ub&s;eribed: And then &s;ent by <HI>Monck</HI> to the <HI>Parliament</HI> to be granted: as followeth <HI>verbatim.</HI></HEAD>
<P N="1"><HI>1. INprimis.</HI> That &s;uch as &s;hall joyn with General <HI>O-Neal</HI> in the Service of the Parliament of <HI>England</HI> in this Kingdome; may have Liberty of Con&s;cience for them&s;elves and their i&s;&s;ue,</P>
<P N="2"><HI>2.</HI> The &s;aid General <HI>O Neale</HI> de&s;ireth an Act of Obli|vion be pa&s;&s;ed, to extend to all and every of his Party for all things done &s;ince the beginning of the Year, <HI>1641.</HI></P>
<P N="3"><HI>3.</HI> They de&s;ire that General <HI>O Neale</HI> be provided for a competent Command in the Army befitting his worth, place, and qualitie.</P>
<P N="4"><HI>4.</HI> They de&s;ire that they may enjoy all tho&s;e Lands that were in their po&s;&s;e&s;&s;ion at the beginning of this War for them&s;elves and Heirs during their fidelity to the Intere&s;t of <HI>England.</HI></P>
<P N="5"><HI>5.</HI> That all incapacity, inhability, &amp; di&s;tru&s;t hitherto by Act of State or otherwi&s;e, again&s;t the &s;aid Party, be taken off.</P>
<P N="6"><HI>6.</HI> That on both &s;ides all Jealou&s;ies, hate and aver&s;ion be laid a&s;ide; unity, love, and amity, renewed and pra|cti&s;ed between both Parties.</P>
<P N="7"><HI>7.</HI> That Gen. <HI>O Neale</HI> may be re&s;tored and put in po&s;|&s;e&s;&s;ion of his Ance&s;tors E&s;tate, or &s;ome other E&s;tate equi|valent to it, in regard of his merit, and the good Service that he &s;hall perform in the Parliament of <HI>Englands</HI> Ser|vice in the pre&s;ervation of their Intere&s;t in this Kingdom.</P>
<P N="8"><HI>8.</HI> That the Army belonging to the Gen. <HI>O Neale</HI> and his Party be provided for in all points as the re&s;t of the Army &s;hall be.</P>
<P N="9"><HI>9.</HI> That the &s;aid Party be provided with, and po&s;&s;e&s;&s;ed of a convenient Sea-port in the Province of <HI>Ul&s;ter.</HI></P>
</DIV1>
</BODY>
</TEXT></Q></P>
<PB N="238" REF="227">
<P><NOTE PLACE="marg">See the Date in <HI>The true &s;tate of Tran|&s;actions, &amp;c.</HI> It &s;eems to be 8. <HI>May,</HI> 1649.</NOTE>And I do, upon receiving a Confirmation of tho&s;e De&s;ires, undertake and promi&s;e in the behalf of my &s;elf and the whole Party under my Command, faith|fully &amp; firmly to adhere to the Parliament of <HI>Englands</HI> Service in this Kingdom, and to maintain their Intere&s;t hereafter with the hazard of our Lives and E&s;tates a|gain&s;t all Oppo&s;ers what&s;oever.</P>
<Q>Given under my Hand and Seal.</Q>
<P>In the &s;aid Paper, printed at <HI>Corke,</HI> is al&s;o contained, [<HI>A Let|ter from a Gentleman in</HI> Dundalke, <HI>dated</HI> May 20. 1649.] which take kere <HI>verbatim;</HI> that you may &s;ee what opinion Men there (upon the place) had of that bu&s;ine&s;s
<LETTER LANG="eng">
<OPENER><DATELINE>at <HI>Corke</HI> in <HI>Munster.</HI></DATELINE>
<SALUTE>To my worthy Friend,</SALUTE>
<SALUTE>SIR,</SALUTE></OPENER>
<P>YOu may wonder, my Obligations being &s;o great to|wards you, that my returns of acknowledgment &s;hould be &s;o &s;eldom as they have been, but you mu&s;t know there is no defect in my de&s;ires to be at your eares often; 'tis only the pre&s;ervation of my Liberty and Safe|ty in the&s;e parts that makes me forbear the frequencie of &s;uch intercour&s;es. I am confident the&s;e Letters, this Me&s;&s;enger, and the inclo&s;ed papers which I here &s;end you (containing a true Copie of the Propo&s;itions and Let|ters of Agreement between <HI>Owen Roe O Neale,</HI> and Col. <HI>George Monck</HI>) will be able to give you &s;ome account of the pa&s;&s;ages in the&s;e parts, and will make you a&s;&s;ured that I do not forget the re&s;pects I owe unto you.</P>
<P>I mu&s;t confe&s;s to you that (as you ever conceived) I ne|ver could imagine that the Parliament proceedings would have advanced to &s;o high a degree of rage and wickedne&s;s as I &s;ee now they are come to, and are re&s;olved to act by: but being amazed at the KING'S Murther, and &s;eeing the Gangrene doth &s;o cruelly &s;pread, I will impart to you my
<PB N="239" REF="227"> re&s;olution, That I am re&s;olved to get into your parts with the fir&s;t conveniency, and adhere to you there, who&s;e acti|ons are more conducing to the pre&s;ervation of our Religi|on, Law, and common Intere&s;t, than any where el&s;e that I can find. But that this my &s;o &s;udden re&s;olution may not be conceived the fruit of &s;ome vain fear, mi&s;carriage in my &s;elf, or light de&s;ires to abandon my former principles, I &s;hall give you a right under&s;tanding of all the motions and pa&s;&s;ages of my &s;oul, &s;ince I was acquainted with this late Treaty between Col. <HI>Monck,</HI> and <HI>Owen Roe O Neal,</HI> that thereby you may judge of the ground of the&s;e my De|&s;igns and di&s;ta&s;tes, and my re&s;olutions taken thereupon.</P>
<P>And before I con&s;ider the particulars of the Treaty, the thing it &s;elf is &s;o odious to me, that if they could have made the best bargain to be imagined for the Engli&s;h Safety, the manner of it would have appeared to me ve|ry un&s;avoury.</P>
<P>For although it cannot be denied that almo&s;t the whole Iri&s;h Party (in regard of their Confederacies and Com|binations) have not been innocent in all particulars of that va&s;t Ocean of Engli&s;h Blood that hath been &s;hed; yet it is mo&s;t clear, that the Plotters and Contrivers of this Trea&s;on, and the unnatural and butcherly Executioners thereof are that Party principally which are now Headed by <HI>Owen O Neale;</HI> for, although many of the pale, with others of <HI>Conaught, Lein&s;ter,</HI> and <HI>Mun&s;ter,</HI> entertained the De&s;igne, when they &s;aw it was &s;o far &s;pread, and the Engli&s;h &s;o much weakned in their per&s;ons and po&s;&s;e&s;&s;ions, yet it cannot be denied but this Kingdom had &s;till many moderate-minded Men that loathed their Countrymens barbarity, and could never be drawn to adhere to their Party in their lea&s;t con&s;ent.</P>
<P>Now for the Parliament Agents to gather up the&s;e Men
<PB N="240" REF="228"> (and the&s;e onely) that have been drunk with the blood of their Brethren, and to fortifie them with Arms, Councels, and conjunction of Forces, that thereby they may pre&s;erve to them&s;elves the Triumphs of their Cruelty and Treache|ry, and to lap them up in their affections with promi&s;es of reward, if they will per&s;evere to act with them the ruine of the KING and Monarchy, the de&s;truction of the rem|nant of the Engli&s;h Prote&s;tants, and the ancient Iri&s;h who have now declared their Loyalty, and &s;ubmitted to, and con&s;ociated with them, are things that I much loath, and can no way embrace.</P>
<P>Be&s;ides, if you con&s;ider the pa&s;&s;ages of the Treaty, you will ea&s;ily be drawn (I &s;uppo&s;e) to ca&s;t away your for|mer entertained &s;cruples, and not condemn me for being out of love with mine.</P>
<P N="1"><HI>1.</HI> For fir&s;t. The Title to <HI>Owen Roes</HI> Propo&s;<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">tions ex|cludes all other of his Nation but &s;uch as will joyn with him, though they be far more capable of peace &amp; pardon than him&s;elf or his party.</P>
<P N="2"><HI>2.</HI> He and his party, who in a late paper of theirs &s;tiled the Parliament of England, <HI>Mon&s;tro&s;um Parliamentum,</HI> (the mon&s;trous Parliament) when (as then) it had not be|&s;meared it &s;elf with Royal, Sacred, and Noble Blood, as &s;ince it hath done: yet now where he &s;ees them act like him&s;elf, he hath taught his tongue to quaver, and calls them, <HI>The mo&s;t Honourable and Potent Parliament;</HI> when all Honour is per&s;ecuted by them, and no power exer|ci&s;ed by them but bruti&s;h violence, and extream tyrannie.</P>
<P N="3"><HI>3.</HI> In the &s;econd Propo&s;ition: That an Act of Oblivion be pa&s;&s;ed to extend to all and every of <HI>Owen O Neales</HI> party for all things done &s;ince the Year, <HI>1641.</HI> You &s;hall find that <HI>Monck</HI> approves of it totally, without the lea&s;t re&s;erve of puni&s;hment to any the mo&s;t bloody plotters and
<PB N="241" REF="228"> Murtherers what&s;oever that are in that Crew, which makes me more in love with my Lord of <HI>Ormonds</HI> peace than I was before.</P>
<P N="4"><HI>4.</HI> It is propounded by <HI>Owen Roe,</HI> and approved by <HI>Monke,</HI> That he &s;hall have a Sea-port to him&s;elf, to make u&s;e of, for the perfecting of his de&s;igns, when (as we hear) the lea&s;t Traffick will not be allowed to you in <HI>Mun&s;ter.</HI></P>
<P N="5"><HI>5.</HI> Although Col. <HI>Monk</HI> do a little pare his Propo&s;itions concerning the Repealing of Statutes against Roman Catholicks &s;ince <HI>Hen. 8.</HI> lest he &s;hould offend the people: And though he do not ab&s;olutely undertake to grant him his Ancestors Lands (which when he is once &s;tiled <HI>O Neale,</HI> he will challenge to be the &s;ix e&s;cheated Counties) yet by <HI>Monkes</HI> Letter he is a&s;&s;ured, that he &s;hall not re|ceive the lea&s;t di&s;advantage thereby. All which directi|ons, councels, and a&s;&s;urances (I am confident) Col. <HI>Monke</HI> would not have u&s;ed towards him, if he had not had a Parliament foundation to warrant it.</P>
<P>Thus you &s;ee the&s;e Men who lately were utter Enemies, have confederated together to ruine Monarchy, and the Prote&s;tant Religion, meerly to rai&s;e them&s;elves, and &s;up|port their own Faction. They will not here allow the <HI>King</HI> to make u&s;e of his own Subjects to revenge His Fa|thers blood, to Re-inthrone Him&s;elf, to re-e&s;tabli&s;h Re|ligion and the Laws, and the just Liberties, and yet they allow them&s;elves a latitude of calling in any party, though the most bloody and inhumane, to a&s;&s;i&s;t them, in the carrying on their wicked De&s;igns.</P>
<P>We have &s;een <HI>Col. Jones</HI> his Letters, cen&s;uring the Lord of <HI>Ormond</HI> for joyning the <HI>Iri&s;h</HI> to his party (though the best and lea&s;t culpable of them) and yet the &s;ame <HI>Jones</HI> (who&s;e head and hand is in this Treaty and Con|clu&s;ion) thinks it allowable in him&s;elf to clo&s;e with the
<PB N="242" REF="229"> wor&s;t, and that upon his own termes. And though <HI>Col. Monkes</HI> hypocri&s;ie (in correcting <HI>Owen O Neales 7.</HI> Article) will not allow that unity and amity &s;hall be publickly proclaimed between them; yet he is willing it &s;hall be practi&s;ed, and they &s;hall mutually a&s;&s;i&s;t one ano|ther again&s;t all Oppo&s;ers what&s;oever, that is, the <HI>King,</HI> and all in Authority under Him.</P>
<P>The con&s;ideration of the&s;e things hath left &s;uch an im|pre&s;&s;ion upon my &s;oul, that I am re&s;olved to make &s;peed to you, no way de&s;iring to live under their Commands, who&s;e actions increa&s;e in horror, and beget new afflictions to all hone&s;t Engli&s;h hearts. So praying you to forbear further writing to me, becau&s;e I mean &s;peedily to &s;ee you, I re&s;t,</P>
<CLOSER><DATELINE>Dundalk,
<DATE>May, 20. 1649.</DATE></DATELINE>
<SIGNED>Your a&s;&s;ured Friend and Servant.</SIGNED></CLOSER>
</LETTER></P>
<P>Upon which Propo&s;itions &s;o corrected by <HI>Monke,</HI> and the clo&s;e carriage of this bu&s;ine&s;s, I &s;hall trouble my Reader with the&s;e following Ob&s;ervations.</P>
<P N="1">1. <HI>Article.</HI> You &s;ee the Counterfeit, Alchymy Saints, are con|tent to joyn covertly with Ma&s;&s;acring Iri&s;h Parpi&s;ts, to carry on their Antimonarchical De&s;igns, and to make a fal&s;e Religion and corrupt wor&s;hip of God the wages and hyre of righteou&s;|ne&s;s.</P>
<P N="2">2. <HI>Article.</HI> You &s;ee tho&s;e Men that are &s;o bloodily zealous to bring Prote&s;tant Delinquents (nay, the <HI>King</HI> him&s;elf, under the notion of <HI>the Grand Delinquent, the Man of Blood</HI>) to puni&s;h|ment, and pretend them&s;elves engaged by Oath &s;o to do; can di&s;pen&s;e with the Ma&s;&s;acre of <HI>two hundred thou&s;and</HI> Engli&s;h Pro|te&s;tants barbarou&s;ly and inhumanely &s;laughtered in <HI>Ireland</HI> in time of full peace; and can grant an Act of Oblivion to whole Armies of their Murderers, thereby at once making their Anti|monarchical intere&s;t the price for which they &s;ell the innocent blood of their Brethren, and defrauding the Iri&s;h Adventurers of
<PB N="243" REF="229"> that Money which the Parliament per&s;waded them to lay forth to purcha&s;e Rebels Lands in <HI>Ireland,</HI> for which they have an Act of this Se&s;&s;ions of Parliament.</P>
<P>The like may be &s;aid of the 4. and 7. <HI>Articles,</HI> whereby Rebels attainted and convict are re&s;tored to their confi&s;cated Lands, and the Engli&s;h Prote&s;tant planters that purcha&s;ed them of the Crown, are expelled out of their Inheritance; what is this but a de&s;ign to root out Prote&s;tancy, as well as Monarchy?</P>
<P N="5">5. <HI>Article.</HI> Taketh off all Incapacity, Inability, and di&s;tru&s;t from <HI>O Neal</HI> and his party at that very time when with much counterfeit zeal they pretend great &s;everity again&s;t the Engli&s;h Papi&s;ts; I think becau&s;e they are not &s;o very Rebels as the Schi&s;maticks.</P>
<P><MILESTONE N="3"> According to their u&s;ual cu&s;tome, to accu&s;e other Men of their own Crimes, they charged King <HI>CHARLES</HI> the Fir&s;t, (upon light &s;urmi&s;es) <HI>with complying with the bloody Iri&s;h Papi&s;ts;</HI> and do them&s;elves actually combine with them to root out Mo|narchy and Prote&s;tancy, giving them a <HI>Toleration of their Re|ligion, and the po&s;&s;e&s;&s;ion of the Engli&s;h Prote&s;tants Etates for their Hyre.</HI></P>
<P><MILESTONE N="4"> And it now appears by Letters newly come to <HI>London,</HI> the 24. <HI>Augu&s;t</HI> (notwith&s;tanding the &s;aid Votes of the Commons <HI>again&s;t all a&s;&s;ociation with the Iri&s;h Murderers</HI>) That <HI>Sir</HI> Charles Coote, <HI>and</HI> O Neale, <HI>are a&s;&s;ociated;</HI><NOTE PLACE="marg">See <HI>the Per|fect Occur|rences,</HI> nu. 17. 138. from <HI>Aug.</HI> 17. to the 24. 1649.</NOTE> <HI>and that the Siege from</HI> Londonderry <HI>was rai&s;ed by</HI> O Neales <HI>help,</HI> which plainly proves, that the Treaty and Conjunction was not only between <HI>Monke</HI> and <HI>O Neale,</HI> but between <HI>O Neale</HI> and the Parliament, or Coun|cel of State; and that the &s;aid Propo&s;itions &s;o altered by <HI>Monke</HI> are confirmed by the Parliament, or Councel of State;<NOTE PLACE="marg">206. <HI>Cromwell's</HI> Souldiers de|&s;ert him at <HI>Milford-ha|ven,</HI> and upon his complain his Hou&s;e of Commons vote their Debentures void.</NOTE> and do &s;till &s;erve for a foundation for <HI>O Neale</HI> to a&s;&s;i&s;t the Parliament upon, who have turned out <HI>O Neale</HI> at the Fore-door (to gull the People) and taken him in again at the Back-door.</P>
<P>Many of K. <HI>Olivers</HI> Officers and Souldiers, abhorring the &s;aid A&s;&s;ociation with <HI>O Neale,</HI> de&s;erted him at <HI>Milford-haven</HI> (as I have related) and came to <HI>London,</HI> whither they were pur&s;ued at the heels by a Letter from his Mu&s;hrome Maje&s;ty, directed to his Vice-Royes at <HI>We&s;tmin&s;ter, willing his Parliament (that &s;ince (to encourage the Souldiers to undertake the Iri&s;h expedition onely)
<PB N="244" REF="230"> their Accounts had been Audited, and Debentures granted for their Arrears) they &s;hould recall and null their &s;aid Debentures:</HI> In o|bedience to which Command, a thing like an Act of Parliament is drawn up, and order taken that the Commi&s;&s;ioners that at|tend <HI>Cromwel</HI> into <HI>Ireland</HI> &s;hould certifie the Names of them all to the Parliament, that they may be puni&s;hed in pur&s;e, for not pro&s;tituting their Con&s;ciences, and &s;hedding more innocent blood, with an implicite faith and blinde obedience, to K. <HI>Olivers</HI> unque&s;tionable commands, in maintenance of u&s;urpation and lawle&s;s tyranny. The re&s;t of the Army may &s;ee, by this prece|dent, they may as well hope to recover a damned Soul out of Hell, as their Arrears out of this bottomle&s;s Gulph, the New State: (notwith&s;tanding all their fair promi&s;es, Orders, wea|ther-cock Acts, and Debentures, which are all written in wa&s;te-paper, and as changeable as Tickets and Securities for the Pub|lick Faith.) It being their con&s;tant re&s;olution and be&s;t policy to feed them (from time to time) with vain hopes, and a little &s;pending-mony (for which they are never the better) now a bit of mony, and then a bob of Martial Law; and alwaies to promi&s;e, never to pay their Arrears, thereby to keep them together from Disbanding, and going to their own homes and callings; whil&s;t the Councel of Officers (who only are accounted the rational part of the Army) receive duly the hire of unrighteou&s;ne&s;s, and what&s;oever el&s;e they can &s;hark from the private Souldiers (who are looked upon but as the Bruti&s;h part of the Army) in whom it is become a capital Crime to que&s;tion whether their Superiors deal ju&s;tly with them or no? as is proved to <HI>Lockyer.</HI> The Com|mon Souldiers, as well as the Common People, paying for the Ryot of their Colonels, and &s;uperior Officers (who Lord it in their gilt Coaches, rich Apparel, co&s;tly Fea&s;tings (though &s;ome of them led Dray-hor&s;es, wore Leather-pelts, and were never able to name their own fathers or mothers) I, and for the Lands they purcha&s;e too; yet the Officers have one device more to keep the Souldiers together, which is, They make them believe they are &s;o generally hated, they cannot with &s;afety Disband and go home; whereas it is the Superiours onely that are looked upon with hatred as the Authors of Tyranny and Oppre&s;&s;ion: The Private Souldier being e&s;teemed but their In&s;truments, and &s;uch
<PB N="245" REF="230"> as (in their kind and way) are &s;ufferers under the hand of op|pre&s;&s;ion as well as other men; many Souldiers have been purged out of the Army; others have voluntarily quitted the Army and returned to their callings, without being endangered or inju|red after their retirement, which &s;hewes this objection is but a Scar-crow.</P>
<P>For the clear manife&s;tation of the A&s;&s;ociation between <HI>O Neale</HI> and the Parliament,<NOTE PLACE="marg">207. A League De|fen&s;ive &amp; Of|fen&s;ive, con|cluded be|tween <HI>O Neal</HI> and Sir <HI>Charls Coote</HI> Gover|nour of <HI>Con|naught</HI> for the Parliament: See the la&s;t Section &s;ave one.</NOTE> there are lately come to the Coun|cel of State two Letters out of <HI>Connaught</HI> from Sir <HI>Charls Coote;</HI> one Dated the 14. the other the 15. of <HI>Augu&s;t,</HI> 1649. informing them with how much zeal to the Parliaments Intere&s;t <HI>Owen O Neale</HI> had freely rai&s;ed the Siege of <HI>London-Derry.</HI> Upon which Letters, and the Votes and proceedings of Col. <HI>Pride</HI>'s Parlia|ment thereupon, I &s;hall commend to my Readers ob&s;ervation the&s;e following particulars:</P>
<P N="1">1. The 15. <HI>Augu&s;t,</HI> Letters inform, <HI>that</HI> O Neale <HI>freely offered his a&s;&s;i&s;tance to</HI> Coote, <HI>profe&s;&s;ing much affection to the Parliament of</HI> England, <HI>and an earne&s;t de&s;ire to maintain their Intere&s;t, &amp;c.</HI> (which is, his own Intere&s;t) you may remember that this bloody Rebel <HI>O Neale</HI> heretofore (when the Parliament was not half &s;o corrupt as now) &s;tiled it, <HI>Mon&s;tr<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">&s;um Parliamentum,</HI> the Par|liament of Mon&s;ters: but now that he &s;ees them act his way, and concur with him to de&s;troy Monarchy and Prote&s;tancy, he &s;tiles them, <HI>The Honourable Parliament,</HI> aids, and affects them.</P>
<P N="2">2. The 14. <HI>Augu&s;t,</HI> Sir <HI>Charles Coote</HI> informes, <HI>that he hath found</HI> O Neale <HI>and his Army very punctual and faithful in all their Promi&s;es and Engagements, and he makes no doubt but they will con|tinue &s;o unto the end, &amp;c.</HI> The rea&s;on is, becru&s;e they aym all at one end and intere&s;t: Subver&s;ion of Monarchy and Prote&s;tan|cy, and go one way to effect it, by a Conjunction of Forces and Councels.</P>
<P N="3">3. The 16. <HI>Augu&s;t, that</HI> O Neale <HI>in his Expre&s;s to</HI> Coote <HI>en|clo&s;ed &s;ome Letters he had received from</HI> Monck; <HI>and among&s;t the re&s;t, a <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">opie of a Letter from</HI> Monck <HI>in An&s;wer to a Letter of the Lord</HI> Inchiquine, <HI>charging</HI> Monck <HI>with joyning with</HI> O Neale <HI>and his Party; wherein</HI> Monck <HI>in&s;inuated, as if</HI> Oneale's <HI>&s;ubmi&s;&s;ion to u&s;e the Parliaments Power, were already accepted by them, &amp;c. Monck</HI> needed not in&s;inuate it, but might have &s;poken it plain|ly:
<PB N="246" REF="231"> as he hath done to &s;undry of his Friends in <HI>England,</HI> who reprehended him for joyning with <HI>O Neale,</HI> to whom he An|&s;wered, <HI>That he had the Authority of his Superiors to warrant his doings therein:</HI> But this was before he went to <HI>Milford-haven</HI> to <HI>Cromwel,</HI> who then taught him the art of Cromwellizing to car|ry on their de&s;ign.</P>
<P N="4"><NOTE PLACE="marg">Why did they cry out upon King <HI>Charls</HI> I. upon a &s;ur|mi&s;e that He u&s;ed the help of the more innocent Iri&s;h Papi&s;ts, being His own Sub|jects under His Allegi|ance and Pro|tection? but we find the Godly are a|bove all laws.</NOTE>4. The 15. <HI>Augu&s;t, Coote's</HI> Letter (to ju&s;tifie his doings) deli|vers a piece of Doctrine to the Councel of State; the U&s;e whereof they were very perfect in before, <HI>viz. Calling to minde that it is no new thing, for the mo&s;t wi&s;e God, to make u&s;e of wicked In&s;truments to bring about a good De&s;igne, for the advancement of his glory, &amp;c.</HI> This Ca&s;ui&s;t in Buff had forgotten, That we mu&s;t not doe evil that good may come thereof; and that both the ju&s;t and the unju&s;t, the righteous and the unrighteous man being all of Gods Creation and making, he hath the &s;ame prero|gative over them all <HI>jure creationis,</HI> that a Potter hath over his pots, he may u&s;e them, and doe with them what &s;eemeth be&s;t to his mo&s;t holy will: and it is therefore good, holy, ju&s;t, becau&s;e he willeth it. His Divine plea&s;ure being the rule and Standard of goodne&s;s, holine&s;s, ju&s;tice. Mi&s;take me not; I doe not mean his bare providence, or permi&s;&s;ive will, which no man can take notice of, and Traytors, Tyrants, Thieves, and Reprobate Saints execute, and boa&s;t of, to their own a&s;&s;ured damnation. There|fore Gods imploying wicked In&s;truments can be no pre&s;ident for our Alchimy Saints to do the like; unle&s;s <HI>Cromwels</HI><NOTE N="*" PLACE="marg">Councel of Officers, of State, and Parliament.</NOTE> three Juntoes and Faction will u&s;urp Gods prerogative, as they have done the Kings.</P>
<P N="5">5. The 15. <HI>Augu&s;t,</HI> the Letter &s;aith, <HI>that</HI> Coote <HI>called a Councel of War, and re&s;olved, It was better to accept of the a&s;&s;i&s;tance of tho&s;e who proclamed them&s;elves Friends to us, and the Intere&s;t we fight for, &amp;c.</HI> Here you &s;ee <HI>O Neales</HI> bloody Party and tho&s;e Parliament Champions united, and friendly con&s;piring to uphold one Com|mon Intere&s;t, which can be nothing but the downfal of Monar|chy and Prote&s;tancy.</P>
<P N="6">6. The 15. <HI>Augu&s;t</HI> the Letter further &s;aith, <HI>that we (Coote</HI> and his Councel of War) <HI>added to the Article this wary Provi&s;o, not to u&s;e their a&s;&s;istance longer than the approbation of the State of</HI> England <HI>&s;hould goe along with us therein, &amp;c.</HI> It &s;hould &s;eem by
<PB N="247" REF="231"> this warine&s;s, that for the time they had u&s;ed their help (which was ever &s;ince the 22. of <HI>May</HI> la&s;t) the approbation of the &s;aid State (as they call it) hath gone along therewith. And for the time they mean to u&s;e their a&s;&s;i&s;tance hereafter, it is left inde|finite; (no longer than the approbation of the State &s;hall goe along with us therein) which may happily be until Doom&s;-day: notwith&s;tanding the Order, Dated the 24. <HI>Augu&s;t,</HI> 1649. voting <HI>That their Vote of the</HI> 10. Augu&s;t, <HI>in the Ca&s;e of Col.</HI> Monck, <HI>be communicated to Sir</HI> Ch. Coote, <HI>as the Re&s;olution of the Hou&s;e, &amp;c.</HI> For, who knows whether the Copies of that Vote may mi&s;carry, or be &s;tayed by the way either accidentally or purpo&s;ely.</P>
<P N="7">7. The 14. <HI>Augu&s;t,</HI> the Letter &s;aith,<NOTE PLACE="marg">See <HI>Monk</HI>'s Letter of An|&s;wer to <HI>O Neale,</HI> Dated 26. <HI>April,</HI> 1649. from <HI>Dundalk,</HI> con|tained in the la&s;t foregoing Section but one: See tie &s;aid Paper, en|tituled, [<HI>The Propo&s;itions of</HI> Owen Roe O Neale, <HI>&s;ent to Col.</HI> Monck, <HI>&amp;c.</HI> Printed at <HI>Cork,</HI> 1649.</NOTE> O Neale <HI>was plea&s;ed to communicate to him certain Propo&s;als, which</HI> (he &s;aith) <HI>were long &s;ince tran&s;mitied into</HI> England <HI>to the Parliament, by Col.</HI> Monck, <HI>and though for his own part and the prime Officers with him,</HI> (the&s;e are privy to the &s;ecret carriage of the bu&s;ine&s;&s;e, and therefore may well be &s;atisfied with what is done already) <HI>they do not doubt but the Propo&s;als are already yielded to by the State; yet in regard their Army and Party in all other parts of the Kingdome</HI> (the&s;e are ignorant of the juggle, and cau&s;es thereof) <HI>cannot be &s;atisfied therewith, until the Parliament be plea&s;ed to declare them&s;elves more publiquely therein</HI> (it &s;hould &s;eem they have done it privately al|ready for &s;atisfaction of <HI>O Neale</HI> and his &s;aid prime Officers) <HI>he hath therefore de&s;ired me humbly to intraat your Lord&s;hips to declare your re&s;olutions therein, with as much &s;peed as may be.</HI> Here you &s;ee <HI>O Neale</HI> and his prime Officers (who know the juggle) &s;atisfied already with a private confirmation of the Articles. But to &s;a|tisfie the re&s;t of his Army and Party (to whom this my&s;tery is not yet revealed) a publick Declaration thereof is de&s;ired, <HI>that they may unanimou&s;ly and cheerfully endeavour the pre&s;ervation of the Parliaments Intere&s;t.</HI></P>
<P>The Articles of Agrement between <HI>O Neale</HI> and <HI>Coote</HI> con|clude clearly a League or War Offen&s;ive and Defen&s;ive again&s;t the Enemies of both, or either, until a more ab&s;olute Agreement be made and conde&s;cended unto by the Parliament of <HI>England.</HI> This more ab&s;olute Agreement is now agitation, and private Directions &s;ent to <HI>Coote</HI> how to behave him&s;elf in the Tran&s;|action thereof. See the 1 Vote, <HI>die veneris,</HI> 24. <HI>Aug.</HI> 1649. See
<PB N="248" REF="232"> the Relation of the Tran&s;actions between Sir <HI>Charles Coote</HI> and <HI>Owen Roe O Neale,</HI> printed by Order, 28. <HI>Aug.</HI> 1649.</P>
<P>The Votes upon the&s;e Letters and Articles were two: Upon part, in the fir&s;t Vote I have ob&s;erved &s;omething already in the 6. branch of this Section <HI>(viz.) that their Votes of the</HI> 10. Aug. <HI>in Ca&s;e of Col.</HI> Monck <HI>be communicated to</HI> Coote; <HI>and a Direction for him how to behave him&s;elf in the Tran&s;action between him and</HI> Owen Roe O Neale; this Tran&s;action is called in the Articles <HI>(ut &s;upra) a more ab&s;olute Agreement.</HI> The&s;e Letters, Articles, and Votes being Apologetically publi&s;hed for &s;atisfaction of the Souldiery and People, it had been fit to have communicated the &s;aid Directions al&s;o to the Tru&s;tors and Soveraign Lords the People, that they might have &s;een fair play above board, and not to have &s;ent clande&s;tine Directions to <HI>Coote</HI> (in &s;o &s;u&s;pitious a bu&s;ine&s;s) how to behave him&s;elf in the Tran&s;action with <HI>O Neal;</HI> which implies the &s;aid Tran&s;action &s;hall be continued and may be compleated; the rather for that their &s;econd Vote &s;aith, <HI>The Hou&s;e is well &s;atisfied of the diligence, faithfulne&s;s, and integrity of Sir</HI> Charles Coote <HI>in pre&s;erving the Garri&s;<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">n of</HI> London-Derry: now it was pre&s;erved by his &s;aid Conjunction with <HI>O Neale,</HI> who rai&s;ed the Siege.</P>
<P><NOTE PLACE="marg">208. The Levellers vindicated: or, The Ca&s;e of the twelve Troops, &amp;c.</NOTE>About this time came forth a Book, called, [<HI>The Levellers vindicated: or, The Ca&s;e of the</HI> 12. <HI>Troops which (by Treachery in a Treaty) were lately &s;urprized at</HI> Burford: <HI>Sub&s;cribed by Six Of|ficers in the name of many more.</HI>] Wherein (p. 2.) they &s;ay, <HI>That under colour of the Armies &s;olemn Engagement at</HI> New-market <HI>and</HI> Triplo-heath, June 5. 1647. <HI>and many other their Declarations, Promi&s;es, and Prote&s;tations in pur&s;uance thereof</HI> (which Engage|ment they affirm (again&s;t their Preaching Coronet <HI>Denne</HI>) was never retracted by any General Councel of the Army, nor upon any Petition of the Souldiers, nor their Agitators ever by them recalled or di&s;mi&s;&s;ed) <HI>The whole Fabrick of this Commonwealth is fallen into the gro&s;&s;e&s;t and vile&s;t Tyranny that ever Engli&s;hmen groan|ed under, all their Laws, Rights, Lives, Liberties and properties wholly &s;ubdued to the boundle&s;s wills of &s;ome deceitful Per&s;ons, having de|volved the whole Magi&s;tracy of</HI> England <HI>into their Martial Domi|nation, &amp;c.</HI></P>
<P>Pag. 7. They &s;ay, <HI>That the Souldiers Paper-Debentures are good
<PB N="249" REF="232"> for nothing but to &s;ell to Parliament men for</HI> 3 s. <HI>or</HI> 4 s. <HI>in the pound.</HI> (which they are forced to &s;ell them for to keep them from &s;tar|ving, becau&s;e they will not pay one penny Arrears to &s;uch as they put out of the Army any otherwaies) that &s;o they may rob the Souldiers of their Seven years Service, and make them|&s;elves and their Adherents Purcha&s;ers of the Kings Lands, for little or nothing: and (for ought appears) the Money they buy the&s;e Debenters with, is the Money the Nation can have no Ac|count of. That they have dealt as ba&s;ely with other Souldiers who never re&s;i&s;ted their Commands. 1. They turned them off with only two months pay. 2. They have taken away three parts of their Arrears for Free-quarter, without &s;atisfaction to the Country. And at la&s;t force them to &s;ell their Debentures at the afore&s;aid rates, that tho&s;e Souldies that are continued in Arms &s;hall fare no better, when they have &s;erved their turns with them.</P>
<P>Pag. 10. they &s;ay, <HI>Their Engagement again&s;t the King was not out of any Per&s;onal enmity, but &s;imply again&s;t his Oppre&s;&s;ions and Tyranny on the people; but the u&s;e and advantage on all the &s;ucce&s;s God hath been plea&s;ed to give us, is perverted to that end, that by his removal the ruling Sword-men might intrude into his Throne, &s;et up a Martial Monarchy, more cruel, arbitrary, and tyrannical, than</HI> England <HI>ever ta&s;ted of, and that under the notion of a Free-State, when as the people had no &s;hare at all in the con&s;titution thereof, but by the treachery and fal&s;ene&s;s of the Lievtenant General</HI> Cromwel, <HI>and his Son in Law</HI> Ireton, <HI>with their Faction, was enforced &amp; obtruded by meer Conque&s;t on the people.</HI> And a little after, <HI>now rather than to be thus va&s;&s;ali|zed, thus trampled and tr<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">d under foot by &s;uch as over our backs have &s;tepped into the Chair of this hateful King&s;hip over us, in de&s;pight of the con&s;ent, choice, and allowance of the Free-people of this Land the true fountain and original of all ju&s;t Power</HI> (as their Votes again&s;t Kingly Government confe&s;s) <HI>we will chu&s;e &s;ubjection to the</HI> Prince, <HI>chu&s;ing rather ten thou&s;and times to be his Slaves than theirs, &amp;c.</HI></P>
<P>Pag. 11. They Vote and Declare, <HI>The People the Supreme Power, the Original of all ju&s;t Authority, pretend the promotion of the Agree|ment of the People; &s;tile this, The fir&s;t year of</HI> Englands <HI>Freedome; entitle the Government, A Free State; and yet none more bloody, violent and perver&s;e Enemies thereto; for, not under pains of death
<PB N="250" REF="233"> and confi&s;cation of Lands and Goods, may any man challenge or pro|mote tho&s;e Rights of the Nation, &s;o lately pretended by them&s;elves. Nothing but their boundle&s;s, lawle&s;s wills, their naked Swords, Ar|mies, Arms is now Law in</HI> England, <HI>&amp;c.</HI></P>
<P N="16"><NOTE PLACE="marg">209. Col. <HI>Morrice</HI> Governour of <HI>Pontefract</HI> for the King, En|dicted at the A&s;&s;izes at <HI>Yorke,</HI> con|demned and executed.</NOTE>16. <HI>Augu&s;t,</HI> 1649. Col. <HI>Morrice</HI> (who kept <HI>Pontefract Castle</HI> for the <HI>King</HI>) was Endicted before Judge <HI>Thorpe</HI> and <HI>Pulle&s;ton</HI> at <HI>Yorke</HI> A&s;&s;izes upon the <HI>Stat.</HI> 25. <HI>Edw.</HI> 3. <HI>for leavying War again&s;t the late King and Parliament.</HI> The Colonel challenged one <HI>Brook</HI> (Forerman of the Jury) for being his profe&s;&s;ed Enemy; but the Court (knowing <HI>Brook</HI> to be the principal Verb, the Key of their work) an&s;wered <HI>Morrice,</HI> He &s;pake too late, <HI>Brooks</HI> was &s;worn already. <HI>Brook</HI> being asked the Que&s;tion, whether hee were &s;worn or no: replied, he had not yet ki&s;&s;ed the Book. The Court an&s;wered, It was no matter, that was but a Ceremony, alleadging he was recorded Sworn, there was no &s;peaking a|gain&s;t a Record; Sure they made great ha&s;te to record him &s;worn before he could ki&s;s the Book; &s;o <HI>Brooke</HI> was kept in upon this cavil, by who&s;e ob&s;tinacy, <HI>Morrice</HI> was condemned. I can|not wonder that legal Forms and Ceremonies are laid by (al|though ju&s;tice cannot &s;ub&s;i&s;t without tho&s;e Legalities to a&s;cer|tain her proceedings, which otherwaies would be left at large to the di&s;cretion of the Judge) when I &s;ee our known Laws, <HI>Magna Charta, the Petition of Right.</HI> 3 <HI>Carol.</HI> and the re&s;t, with the fundamental Government of this Nation, pulled up by the roots to carry on their De&s;igns of en&s;laving the people to their lu&s;ts, notwith&s;tanding the Parliaments Declarations, Remon|&s;trances, Prote&s;tations, Covenants, and Oaths to the contrary; and their late Vote in the Act for Aboli&s;hing Kingly Govern|ment. That in all things concerning the Lives, Liberties, Proper|ties and E&s;tates of the people, they would ob&s;erve the known Laws of the Land. But to return to our Relation: Then <HI>Mor|rice</HI> challenged 16. more of the Jury, where <HI>Pulle&s;ton</HI> was &s;o petti&s;h, that he bad <HI>Morrice</HI> keep his compa&s;s, or el&s;e he would give him &s;uch a blow as &s;hould &s;trike off his head. Until <HI>Morice</HI> cited the <HI>Stat.</HI> 14 <HI>Hen.</HI> 7. <HI>fol.</HI> 19. whereby he might challenge 35. men without &s;hewing cau&s;e: Here you &s;ee the Judges (which ought to be of Councel with the pri&s;oner in matter of Law) endeavouring to out-face, and blind the pri&s;oner with ignorance
<PB N="251" REF="233"> of the Law, being a Martial-man. Then he de&s;ired a Copy of his <HI>Endictment,</HI> that he might know what to an&s;wer, &s;aying, he might plead Speeial as well as General, which the Court denied him. Next becau&s;e there was point of Law in it, he de&s;ired to have Councel, citing the <HI>Stat.</HI> 1 <HI>Hen.</HI> 7. <HI>fol.</HI> 23. which was likewi&s;e de|nied him; yet (I am deceived, if <HI>Rolfe</HI> had not Councel allowed him, being endicted at <HI>Winche&s;ter</HI> for <HI>an endeavour to murder</HI> King <HI>CHARLES the Fir&s;t</HI>) and had many other favours de|nied to <HI>Morrice.</HI> Then Col. <HI>Morrice</HI> for his di&s;charge produ|ced the <HI>PRINCES</HI> Commi&s;&s;ion as <HI>Generali&s;&s;imo</HI> to the <HI>KING</HI> his Father. The Judges an&s;wered, The Prince was but a Sub|ject as <HI>Morrice</HI> was, and if he were pre&s;ent mu&s;t be tried as he was, and rejected the Gommi&s;&s;ion without reading: <HI>Morrice</HI> told them, the Prince had his Authority from the King, in who&s;e name all Judges and Officers did then Act. The Court an&s;wered, the power was not in the King, but the Kingdome. Ob&s;erve, they endicted him for Leavying War again&s;t the King and Par|liament. The word <HI>[Parliament]</HI> was a &s;urplu&s;age; for which no Indictment could lye: no Allegiance, no Trea&s;on; and we owe Allegiance to the King alone; who&s;oever Leavieth War in <HI>England</HI> (in the intendment of the Law) is &s;aid to Leavy War again&s;t the King onely; although he aim not at his Per|&s;on, but at &s;ome other Per&s;on: And if he that Leavieth War again&s;t the King, his Crown, and Dignity, be a Traytor; how much more mu&s;t they be Traytors that have actually murthered the King, and Di&s;-inherited and pro&s;cribed his lawful and un|doubted Heir; and (as much as in them lies) have &s;ubverted the Monarchical Government of the Land, and con&s;equently all Monarchical Laws; whereof the <HI>Stat.</HI> of <HI>Trea&s;ons</HI> for Lea|vying War again&s;t the Kings Maje&s;ty is one; and therefore <HI>Morrice</HI> under a Free-State ought not to be condemned or tried upon any Monarchical Law. So <HI>Morrice</HI> was found guilty by a Jury for that purpo&s;e. And an illegal pre&s;ident begun to cut off whom the Faction plea&s;eth, under a pretence and form of Law, without help of a Councel of War, or a private Slaughter-hou&s;e, or a Midnight-Coach guarded with Souldiers to <HI>Tyborne.</HI> The&s;e U&s;urpers have got the old tyrannical trick, <HI>To rule the People by the Laws, but fir&s;t to over-rule the Laws by
<PB N="252" REF="234"> their Lawyers;</HI> and therefore, <HI>&V;t rei innocentes pereant, fiunt no|centes judices;</HI> that true men may go to the Gallows, Thieves mu&s;t &s;it on the bench; but, <HI>&s;ilent Leges inter arma;</HI> and now, <HI>&s;ilet Ju&s;titia inter Leges,</HI><NOTE PLACE="marg">Three headed con&s;i&s;ting of, 1 Councel of War. 2 Councel of State. 3 Parliament</NOTE> <HI>filet Jus inter Judices:</HI> The mungrel, hypocritical, three-headed conque&s;t we live under hath di&s;poy|led Ju&s;tice of her ballance, and left her in a Military po&s;ture, with a Sword to &s;trike, but no &s;cales to weigh withall: Our licenced News Books (like Ill-Boading-Birds) fore-told and fore-judged <HI>Morrice's</HI> death a month before: <HI>He dyed re&s;olutely.</HI> Ob&s;erve the thing aimed at in this new form of Endictment of High Trea&s;on, for leavying War again&s;t the King and Parlia|ment, is, fir&s;t that the word <HI>[King]</HI> may hold in the Endict|ment, which otherwi&s;e would be found to have errour in it; and though the word <HI>[for Leavying War against the Parliament]</HI> be a vain &s;urplu&s;age, &s;ignifying nothing; yet at la&s;t (by help of their own Judges, and new-made pre&s;idents) to leavy War again&s;t the Parliament, &s;hall &s;tand alone, be the onely Signi|ficator, and take up the whole room in the Endictment, and thru&s;t the word <HI>[King]</HI> out of doors; and then <HI>Trea&s;on</HI> &s;hall be as frequent as <HI>Malignancy</HI> is now. <HI>Morrice</HI> had moved, he might be <HI>Tried</HI> like a Souldier by a Councel of War, alleadging the in|convenience of &s;uch a pre&s;ident if the Kings Party &s;hould reta|liate it, which would not be granted; yet Col. <HI>Bethel</HI> writ to the General, and his Councel of War, de&s;iring he might be re|prieved: but Col. <HI>Pride</HI> oppo&s;ed it, urging, <HI>That it would not &s;tand with the ju&s;tice of the Army</HI> (you &s;ee now who is the foun- of Ju&s;tice) <HI>nor the &s;afety of the Commonwealth, to let &s;uch Enemies live, the Parliament having adjudged him worthy of death,</HI> (with|out hearing) <HI>and given in&s;tructions to the Judges accordingly.</HI> (O &s;erviceable Judges!) &s;o the General was overborn by this Dray-man. This fellow &s;itteth frequently at the Se&s;&s;ions hou&s;e in the <HI>Old Bayly,</HI> where the weight of his Slings turneth the &s;cale of Ju&s;tice which way he plea&s;eth.<NOTE PLACE="marg">210. Cap. <HI>Plunkett</HI> and the Mar|que&s;s of <HI>Or|monds</HI> brother voted to be Tryed.</NOTE></P>
<P>Col. <HI>Pride's</HI> Dray-hor&s;es, the Commons in Parliament a&s;&s;em|bled, not yet &s;atisfied with Blood, becau&s;e they are out of dan|ger of bleeding them&s;elves, have voted that Capt. <HI>Plunckett</HI> and the Marque&s;s of <HI>Ormond's</HI> Brother (Pri&s;oners in <HI>Ireland</HI>) &s;hall be brought to <HI>Trial.</HI> If the Kings Party (in imitation of their
<PB N="253" REF="234"> Cruelty) &s;hall put to death the Pri&s;oners they have taken, the Parliament will &s;ave their Arreares for their own privy pur&s;e: <HI>The&s;e two ca&s;es, are examples of the greate&s;t danger, and the highe&s;t contempt of Souldiers that ever were &s;et on foot in any Age or Nation.</HI></P>
<P>29. <HI>Augu&s;t,</HI> 1649. came forth a Book, called,<NOTE PLACE="marg">211. An out-cry of the young men and Ap|prentices of <HI>London</HI> con|curring with tho&s;e fal&s;ly called, Level|lers.</NOTE> [<HI>An out-cry of the young Men and Apprenti&s;es of</HI> London: <HI>Or, An Inqui&s;ition af|ter the lo&s;t fundamental Laws and Liberties of</HI> England.] truly and Pathetically &s;etting forth the &s;lavery, mi&s;ery, and danger of the Common Souldiery and People of this Nation, and the cau&s;es thereof: well worth the reading.</P>
<P>About this time came forth an Act (for&s;ooth) for the &s;peedy rai&s;ing and levying money upon the Exci&s;e: that is (as the Act telleth you) upon all and every Commodities, Merchandizes,<NOTE PLACE="marg">212. Exci&s;e.</NOTE> Manufactures, as well imported or exported as made or growing, and put to &s;ale or con&s;umed, &amp;c. That is, to lay impo&s;itions up|on all we eat, drink, wear, or u&s;e, as well in private hou&s;es as vi|ctualling hou&s;es, ware-hou&s;es, cellars, &s;hops, &amp;c. as well what the Souldier devours in Free-quarter upon us, as otherwi&s;e, un|der unheard-of penalties, both pecuniary and per&s;onal to be paid, and levied with rigour. And to make every mans hou&s;e lie open to be &s;earched by every prowling Ra&s;cal as often as he or they plea&s;e.</P>
<P><HI>The Traytors, Tyrants,</HI> and <HI>Thieves,</HI><NOTE PLACE="marg">213. Forrain Plan|tations.</NOTE> the Commons in Colo|nel <HI>Prides</HI> Parliament a&s;&s;embled, are now again frighted into a con&s;ideration of Forraign Plantations: And pa&s;&s;ing Acts, <HI>That they &s;hall all be &s;ubject to the new</HI> Babel, <HI>or State of</HI> England: for which purpo&s;e they are very bu&s;ie to undermine, divide, and &s;ub|ject the old and fir&s;t Planters, that (if need be) the&s;e reprobate Saints may come in upon their labours, and the better to accom|modate them&s;elvs there. In the Act for the &s;ale of Kings, Queens, and Princes Per&s;onal E&s;tate, they have given leave to their A|gents the Commi&s;&s;ioners to tran&s;port beyond &s;ea (that is to &s;ay, to their own Plantations) (under pretence of &s;ale) the rare&s;t and choi&s;e&s;t of the Kings Goods; they heap up abundance of wealth by Exci&s;e, Taxes, Gold&s;miths-hall, Haberda&s;hers-hall, Seque&s;trations, cozening the Souldiers, &amp;c. That they may tran&s;|port the whole wealth of the Land with them, and leave <HI>Eng|land</HI>
<PB N="254" REF="235"> naked, di&s;armed and oppre&s;&s;ed with famine, and di&s;abled to pur&s;ue them for revenge, or recovery of their lo&s;&s;es.</P>
<P><NOTE PLACE="marg">214. More gifts to the Faction.</NOTE>The &s;aid Commons are never wearied with exerci&s;ing their bounty among&s;t their own Faction out of the publique pur&s;e, about 1300 l. to Col. <HI>Fielder:</HI> to <HI>Scobell</HI> their Clerk (heretofore a poor under-Clerk in the Chanery, who writ for 2 d. a &s;heet) be&s;ides an employment he hath already in the &s;ale of publique Lands worth 1000 l. a year) a Pen&s;ion of 500 l. a year; and a Noble Fee for every Copy of an Order taken forth, <HI>toties quo|ties;</HI> although mo&s;t of their Orders contain not above three or four lines; an extortion far &s;urmounting the Star-Chamber, or Councel-Table, of which them&s;elves &s;o much complained: the <HI>Diurnal</HI> tells you,<NOTE PLACE="marg">Numb. 319. from Monday <HI>Sept.</HI> 3. to Monday, <HI>Sept.</HI> 10.</NOTE> <HI>an Act was read for &s;atisfying the &s;uff<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">rings of two Members, who have been in the late War damnified many thou&s;ands:</HI> the&s;e (I conceive) to be Sir <HI>Tho: Jervys</HI> and Mr. <HI>Ro|bert Wallope;</HI> this &s;atisfaction mu&s;t be made out of the publique pur&s;e, which mu&s;t be filled by <HI>Taxes</HI> again out of their private pur&s;es who have lo&s;t as well as they without &s;atisfaction, or hopes of &s;atisfaction, notwith&s;tanding many Votes that all &s;hould be &s;atisfied.</P>
<P><NOTE PLACE="marg">215. <HI>O Cromwel</HI> re|duceth <HI>Iones</HI>'s own Regi|ment and o|ther Regi|ments in <HI>Dub|lin.</HI> Let Sir <HI>C. Coote</HI> and his Regiment in <HI>London-Derry</HI> expect the like</NOTE><HI>O Cromwel</HI> hath reduced the Officers in Col. <HI>Jones</HI> his Regi|ment, and other <HI>Dublin</HI> Regiments, notwith&s;tanding their va|lour and fidelitie &s;hewn in rai&s;ing the Siege of <HI>Dublin:</HI> you &s;ee he will tru&s;t none but his own immediate Creatures: this Fa|ction ca&s;ts out all other men, as Quick&s;ilver &s;pues out all other mettals (Gold excepted) &s;o that by this, and many other ex|amples, they may &s;ee that all their faithful &s;ervices and blood|&s;hed are poured into the bottomle&s;&s;e tub of oblivion; as their Arreares are ca&s;t into the bottomle&s;&s;e bagg of the Publique Faith.</P>
<P><NOTE PLACE="marg">216. A violent ir|ruption of the Parl. Jani&s;a|ries upon the Prote&s;tants at Church in St. <HI>Peters Pauls|wharf,</HI> Sunday morn, 9. <HI>Sept.</HI> 1649.</NOTE>Sunday 9 <HI>Sept.</HI> 1649. At the Church of Saint <HI>Peters Pauls|wharfe,</HI> Ma&s;ter <HI>Williams</HI> reading Morning Service out of the Book of Common-prayer, and having prayed for the <HI>KING,</HI> as in that Liturgy (e&s;tabli&s;hed by Act of Parliament) he is en|joyned: Six Souldiers from St. <HI>Pauls</HI> Church (where they quar|ter) came with Swords and Pi&s;tols cocked into the Church, com|manding him to come down out of the Pulpit; which <HI>Williams</HI> immediately did, and went quietly with them into the Ve&s;try:
<PB N="255" REF="235"> when pre&s;ently a party of Hor&s;e from St. <HI>Pauls</HI> rode into the &s;aid Church with Swords drawn and Pi&s;tols &s;panned, crying out, <HI>Knock the Rogues on the Head, &s;hoot them, kill them;</HI> and pre|&s;ently &s;hot at random at the crowd of unarmed Men, Women, and Children, &s;hot an old Woman into the head, wounded grie|vou&s;ly above forty more, whereof many are likely to die, frighted Women with Child, and rifled and plundred away their cloaks, hats, and other &s;poils of the Aegyptians, and carried away the Mini&s;ter to <HI>White-hall</HI> Pri&s;oner. You &s;ee the&s;e Hereticks, Schi&s;|maticks, and Athei&s;ts, that cry &s;o loud upon <HI>Liberty of Con&s;ci|ence</HI> for their own Bla&s;phemies, will allow no Liberty of Con|&s;cience to Prote&s;tants, notwith&s;tanding their Doctrine and Form of Service is ancient, allowed, and commanded by known Laws, and approved of by all the Reformed Churches of Chri&s;tendom. This &s;trongly argues a De&s;ign in the three Kingdoms to root out Prote&s;tancy, as well as Monarchy, carried on by a conjunction of Councels &amp; Forces between that Triumvirate of Rebels, <HI>O Neal, O Cromwel,</HI> and (as many wi&s;e men think) <HI>Argyle:</HI> who would not otherwi&s;e keep the Scots from complying with the <HI>KING</HI> up|on mode&s;t and moderate terms, &s;uch as &s;hall leave him in the condition of a Governing King able to protect His People from injuries at home and abroad, without which he is but&mdash;<HI>magni nominis umbra,</HI> the &s;hadow and May-game of a King. Ob&s;erve, this provocation was put upon the City when an Artificial Mu|tiny was rai&s;ed at <HI>Oxford;</HI><NOTE PLACE="marg">This Mutiny was not be|gun by Level|lers.</NOTE> and again&s;t the Great Hor&s;e-race ap|pointed to be at <HI>Brackley,</HI> the 11. <HI>September,</HI> to draw both City and Country to joyn with the Mutineers: and then the Soldiers &s;hould have made their peace by them&s;elves, and have left the re&s;t to the mercy of the State, to rai&s;e more money upon them for <HI>O Cromwels</HI> expedition in <HI>Ireland,</HI> who hath writ for more Recruits of Men and Money,</P>
<P>Tho&s;e bloody Saints that accompanied <HI>O Cromwel</HI> into <HI>Ire|land</HI> (to make that Kingdome as mi&s;erable and &s;lavi&s;h as they have made this) doe now poure forth the blood of their own bowels in great abundance:<NOTE PLACE="marg">217. <HI>O Cromwel</HI>'s men &s;ick in <HI>Ireland.</HI></NOTE> Gods vengeance having vi&s;ited mo&s;t of them with the bloody flux; whereof many die: But this is a &s;ecret that mu&s;t not be known to the Ungodly, and there|fore <HI>O Cromwel</HI> and his Councel of War at <HI>Dublin</HI> have made
<PB N="256" REF="236"> an Order, Declaring, <HI>That if any Per&s;on re&s;iding within the Garri|&s;on of</HI> Dublin, <HI>whether Inhabitants or Souldiers, &s;hall (upon pretence of writing to their Friends) &s;ignifie the Tran&s;actions of the Army</HI> (be|tween <HI>O Neale,</HI> and <HI>O Cromwel,</HI> it may be) <HI>or their Engagements with the Enemy, &s;o as to &s;et forth their Succe&s;s, or Lo&s;s, until fir&s;t the General or Councel of War have &s;ignified</HI> (fal&s;ified <HI>the &s;ame to his Parliament of</HI> England, <HI>they &s;hall incur the breach of the Article a|gain&s;t Spies, and be accordingly puni&s;hed with Death, &amp;c.</HI> Here you &s;ee <HI>O Cromwel,</HI> in the fir&s;t Year; nay in the fir&s;t Moneth of his reign, &s;ets up a military tyranny in <HI>Ireland,</HI> to which all Peo|ple, as well not Souldiers as Souldiers, mu&s;t &s;ubmit their lives and fortunes, and the writing of news to their Friends of <HI>Eng|land</HI> (whereby their Lies and Forgeries may chance to be con|tradicted) &s;hall be con&s;trued to be a Breach of the Article again&s;t Spies: not becau&s;e Rea&s;on a<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">d Truth, or the Cu&s;toms of War calls it &s;o, but becau&s;e the Sword puts this con&s;truction upon it. Take notice <HI>Ireland</HI> that this is the fir&s;t year of thy Bondage if they prevail. And take notice <HI>England</HI> that <HI>O Cromwel</HI> and his Councel and Party are re&s;olved to Lie without controul if they prevail not; their Letters &s;peak him to be 15000 &s;trong before <HI>Tredah,</HI> which hath Articled to yield: That the next he will vouch&s;afe is <HI>Dundalke,</HI> and that <HI>Ormond</HI> flies from the face of this <HI>Jo&s;ua;</HI> and Lying Prophets are &s;ent over to gull the people into a belief. But the truth is, he is not able to draw together a|bove 4000 or 5000 men, unle&s;s his Confederate <HI>O Neale</HI> joyn with him: And <HI>Ormond</HI> hath wit enough to know that &s;ickne&s;s and famine in that wa&s;ted Country, are &s;ufficient to deal with <HI>O Cromwel</HI> without his running the hazard of an engagement with &s;uch de&s;perate forlorn wretches.</P>
<P><NOTE PLACE="marg">218. Unrea&s;onable Fees extorted by <HI>Birkhead</HI> by Dures of Impri&s;on|ment; with the conni|vance of the Commons.</NOTE>Col. <HI>Bromfield, Hooker, Cox,</HI> and <HI>Baynes,</HI> Citizens, who the la&s;t year were committed upon &s;u&s;pition of High Trea&s;on (to which every offence again&s;t this new <HI>Babel-&s;tate</HI> is now wre&s;ted (not|with&s;tanding the <HI>Stat.</HI> 25 <HI>Edw.</HI> 3. for limitation of Trea&s;ons) as in an infectious &s;ea&s;on all di&s;ea&s;es turn to the plague) and were then di&s;charged for want of matter to make good the Charge: are now again impri&s;oned (in the fir&s;t year of <HI>Eng|lands</HI> Liberty) at the reque&s;t of <HI>Birkhead</HI> (Sergeant at Armes to the Commons) until they pay &s;uch unrea&s;onable Fees as he plea|&s;es
<PB N="257" REF="236"> to exact from them: This had been great Extortion and Ty|ranny in the <HI>KINGS</HI> time, when this Nation enjoyed &s;o much freedome as to call a Spade a Spade; an Extortioner, an Ex|tortioner; and a Tyrant, a Tyrant. And rea&s;on good; for if &s;uch Fees be legally due, <HI>Birkhead</HI> hath Legal means to recover them; if not Legally due, it is Extortion in him to demand them in &s;o violent a way; and Tyranny in his Ma&s;ters the Commons to maintain him in it.</P>
<P>Sir <HI>Henry Mildmay</HI> lately coming to the Tower, and per|ceiving the Counte&s;s of <HI>Carli&s;les</HI> window had &s;ome pro&s;pect to Col. <HI>Lilborns</HI> Grates (out of his para&s;itical diligence) told the Lievtenant of the Tower,<NOTE PLACE="marg">219. Sir <HI>Har. Mild|may</HI>'s Politick Ob&s;ervations, Cha&s;te Con|ver&s;ation, and fir&s;t initiation at Court.</NOTE> <HI>That notwith&s;tanding the di&s;tance was &s;uch as they could not communicate by &s;peech, yet they might &s;ignifie their intentions by &s;igns upon their fingers, to the prejudice of the tender, infant State;</HI> and accompanying this admonition with &s;ome grave and politick Nods, ha&s;ted away to the Councel of State, and (being both out of breath and &s;en&s;e) unloaded him|&s;elf of his Ob&s;ervations there; and was &s;econded by <HI>Tho. Scot</HI> (the Demoli&s;her of old Palaces, and Deflowrer of young Mayden|heads, before they are ripe) who much aggravated the danger, and applauded the Ob&s;ervator. Sure Sir <HI>Henry</HI> hath not yet for|got the bawdy Language of the hand and fingers; &s;ince he fir&s;t, in Court began, to be Amba&s;&s;adour of Love, Procuror, Pimp or Pandor to the Duke of <HI>Buckingham;</HI> and laboured to betray the honour of a fair Lady (his neare&s;t Ally) to his Lu&s;t, had not &s;he been as Vertuous as he is Vitious (if it be po&s;&s;ible for any Woman to be &s;o) and did actually betray others to him. I can tell you that very lately Sir <HI>Harry</HI> (pretending him&s;elf taken with the Wind-collick) got an opportunity to in&s;inuate him&s;elf into a Citizens hou&s;e in <HI>Cheap&s;ide,</HI> and tempted his Wife; but had a &s;hameful repul&s;e: but more of this I will not &s;peak, le&s;t his Wife beat him, and give an ill example to other Women, to the prejudice of our other New States-men,<NOTE PLACE="marg">220. Felons fetch|ed out of <HI>Newgate</HI> to inform again&s;t Merchants for not pay|ing Cu&s;tomes</NOTE> and their New ere|cted <HI>Sodomes</HI> and <HI>Spintries</HI> at the Mulbury-garden at St. <HI>Jam&s;es.</HI></P>
<P>Ma&s;ter <HI>Gybs</HI> (Ma&s;ter of a Ship) having cau&s;ed three fellows to be committed to <HI>New-gate</HI> upon Felony, for Robbing him: The&s;e Fellows &s;ent to Col. <HI>Harvey, That if he would procure their Liberty, they would di&s;cover to him &s;everal Merchants who had
<PB N="258" REF="237"> lately &s;toln Cu&s;tomes:</HI> Whereupon, <HI>Harvey</HI> &s;ends for tho&s;e Rogues out of <HI>New-gate</HI> hears their Accu&s;ation, approves it, pro&s;ecutes the Merchants upon the Information of tho&s;e Vil|lains, di&s;charges them of their Impri&s;onment by his own power, and recommends them to Col. <HI>Deane</HI> to be imployed in the Na|vy. And one Ma&s;ter <HI>Lovel</HI> a Silk-man in Saint <HI>Lawrence-lane,</HI> is committed to the <HI>Gate-hou&s;e</HI> Pri&s;oner, becau&s;e he refu&s;eth to &s;wear how many Bayls of Silk he hath come over: If the fir&s;t year of our Liberty make &s;uch pre&s;idents, what Mon&s;ters will the Sixth and Seventh year produce? All Princes begin with moderation: The Elders gave good Councel to <HI>Rehoboam, Serve the People one day, and they will &s;erve thee for ever hereafter. Nero</HI> had a commendable <HI>Quinquennium;</HI> But our Novice Stati&s;ts are Tyrants <HI>ab incunabilis;</HI> Oppre&s;&s;ors with &s;hels upon their heads, from the Ne&s;t, before they are fledge; what will they be hereafter?</P>
<P><NOTE PLACE="marg">221. <HI>Sommer-hill</HI> given to <HI>Brad|&s;haw.</HI> A &s;op for <HI>Cerberus.</HI></NOTE><HI>Sommerhil,</HI> a plea&s;ant Seat, worth 1000 l. a year, belonging to the Earle of Saint <HI>Albans,</HI> is given by the <HI>Juncto</HI> to their Blood-hound <HI>Brad&s;haw,</HI> &s;o he hath warned the Counte&s;s of <HI>Lei|ce&s;ter</HI> (who formerly had it in po&s;&s;e&s;&s;ion to rai&s;e a Debt of 3000 l. pretended due to her from the &s;aid Earle, which &s;he hath already rai&s;ed four-fold) to quit the po&s;&s;e&s;&s;ion again&s;t our <HI>Lady-day</HI> next.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="document">
<HEAD>The Prote&s;tation and Declaration.</HEAD>
<P><MILESTONE N="222"> <HI>THe Premi&s;es con&s;idered,</HI> I do hereby in the name and behalf of my &s;elf, and of all the Free people of <HI>England,</HI> Declare and Prote&s;t, That the General, Councel of War, and Officers of the Army, by their &s;aid violent and trea&s;onable force upon the far major, more hone&s;t and moderate part of the Hou&s;e of Commons (being above <HI>250.</HI>) and leaving only fifty or &s;ixty Schimaticks of their own en|gaged Party &s;itting and voting under their Command, and almo&s;t all of them &s;uch as have and do make a prey of the Commonwealth, to enrich them&s;elves and their Faction, have broken, di&s;continued and waged War again&s;t this Parliament, and have forfeited their
<PB N="259" REF="237"> Commi&s;&s;ions. And the remaining Faction in the Hou&s;e of Commons by abetting, ayding, and concurring with the &s;aid Councel of War, in the &s;aid rebellious Force, and by &s;etting up new, illegal and arbi|trary Courts of Judicature to Murther King <HI>CHARLES</HI> the Fir&s;t, our lawful King and Governour (who by his Writ (according to the Law) &s;ummoned and authori&s;ed this Parliament to meet, &s;it,<NOTE PLACE="marg"><HI>Principium Caput &amp; fini<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> Parliamenti.</HI> Oaths of Al|legiance and Supremacy.</NOTE> and advi&s;e with him, and was the Fountain, Head, and conclu&s;ion, or &s;u<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">matory end of the Parliament, and Supreme Governour over all Per&s;ons, and in all Cau&s;es of this Kingdome (and by Aboli&s;hing the Hou&s;e of Peers and the Kingly Office, and Di&s;-inheriting the Kings Children, and &V;&s;urping to them&s;elves the Supreme Authority and Legi&s;lative P<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">wer of this Nation, in order to make and e&s;tabli&s;h them&s;elves a Councel of State, Hogen Mogens, or Lords States Ge|neral, and tran&s;late the &s;aid Supreme Power, and Authority into the &s;aid Councel of State, and then Di&s;&s;olve this Parliament, and perpetute their &s;aid Tyranny and this Army, and Govern Arbi|trarily by the Power of the Sword; and rai&s;e what illegal Taxes they plea&s;e, and eat out, con&s;ume and de&s;troy who&s;oever will not ba&s;ely &s;ubmit to their Domination.<NOTE PLACE="marg">See 1. part. &s;ect. 105, 106. and the Con|clu&s;ions, 15, 16, 17, 18. and return to &s;ect. 79, 109, 110. Stat. of Recog|nition, 1 <HI>Jac.</HI> Oaths of Al|giance and Supremacy.</NOTE> Have by the afore&s;aid wayes and means totally &s;ubverted this Common-wealth, and de&s;troyed the fundamental Laws, Authority and Government thereof, Di&s;&s;olved and Aboli&s;hed this, and all future Parliaments, &s;o that there is now no vi&s;ible, law|ful Authority left in <HI>England,</HI> but the Authority of King CHARLES the Second, who is actually <HI>KING</HI> of all his Dominions pre&s;ently upon the Decea&s;e of the King his Father, before any Pro|clamation made, or Coronation &s;olemnized, notwith&s;tanding that by his unju&s;t Bani&s;hment (cau&s;ed by the interpo&s;ition of the &s;aid trayte|rous, combined, Antimonarchical Faction) He be eclip&s;ed for the pre&s;ent, and not &s;uffered to perform any Acts of Government to his three Kingdomes, and re&s;tore Peace, Plenty, Ju&s;tice, Mercy, Religion, Laws, and Liberties to them again, which no hand but his own can be&s;tow; and therefore in vain do the people long for, and expect Figgs from Thistles, Grapes from Thorns: This Kingdome of the Brambles now &s;et up, being onely able to Scrath and Tear, not to Protect and Govern them. I farther Declare and Prote&s;t, That this combined trayterous Faction, have forced an <HI>Interregnum</HI> and a <HI>Ju&s;titium</HI> upon us, an utter &s;u&s;pen&s;ion of all Lawful Government, Magi&s;tracy, Laws and Judicatories; &s;o that we have not <HI>de jure,</HI> any Laws in
<PB N="260" REF="238"> force to be executed, any Magi&s;trates or Judges Lawfully con&s;tituted to execute them; any Court of Ju&s;tice wherein they can be judicially executed, any &s;uch In&s;trument of the Law as a lawful Great Seal, nor any Authority in <HI>England</HI> that can lawfully Condemn and Exe|cute a Thief, Murderer, or other Offender, without being them|&s;elves called Murtherers by the Law, all legal proceedings being now <HI>coram non Judice;</HI> nor can this remaining Faction in the Hou&s;e of Commons &s;hew any one Pre&s;ident, Law, Rea&s;on, or Authority what|&s;oever for their afore&s;aid doings, but onely their own tyrannical Votes, and the Swords of their Army: Wherefore I do further Declare and Prote&s;t before God and the World, That all Free-born Subjects of the Kingdomes of <HI>England</HI> and <HI>Ireland,</HI> are bound by the <HI>Stat. of Recognition, 1 Jac.</HI> and by all our Laws and Statutes, By their Oaths of Allegiance, Obedience, and Supremacy, the Prote&s;tation and Na|tional Covenant, by very many Declarations, Remonstrances, Petiti|ons, and Votes of this Parliament, and all Souldiers are engaged al&s;o by their own Declarations, Remon&s;trances, and Propo&s;als, to de|fend, a&s;&s;ert, and vindicate with their lives and fortunes, the Per&s;on, Authority and Title of our afore&s;aid lawful <HI>KING</HI> and Supreme Governour (the undoubted Heir of all His late Fathers Dominions) <HI>CHARLES</HI> the Second, by the Grace of God, King of <HI>Great Britain, France,</HI> and <HI>Ireland,</HI> &amp;c. again&s;t all Oppo&s;ites and pretended Au|thorities what&s;oever, unle&s;s they will be guilty of the fowle&s;t &s;ins of Trea&s;on, Rebellion, Perjury, and perfidiou&s;ne&s;s again&s;t their God, their King and Country; and of pro&s;tituting the Religion, Laws, and Liberties of the Land, their Wives, Children, and E&s;tates to the lu&s;ts of an Armed Faction, u&s;urping a far more Arbitrary and Tyrannical power over our Con&s;ciences, Per&s;ons, Liberties, and Estates, than ever was known in <HI>England</HI> before, or then is now u&s;ed by the <HI>Ru&s;&s;e, Turk,</HI> or <HI>Tartar,</HI> or any the mo&s;t en&s;laving and lawle&s;s Tyrants un|der Heaven.<NOTE PLACE="marg">223. Compare the date of the K. Commi&s;&s;ions with tho&s;e of the Parlia|ment, and their Decla|rations on both &s;ides.</NOTE></P>
</DIV1>
</BODY>
</TEXT></Q>
</DIV2>
<DIV2 TYPE="conclusion">
<HEAD>An Exhortatory Conclu&s;ion to the Engli&s;h Nation.</HEAD>
<P>TO conclude the &s;eries of Affairs and Action on both Par|ties (e&s;pecially of late) rightly compared, it appeareth by the &s;equel, That <HI>King</HI> CHARLES the Fir&s;t, from the be|ginning
<PB N="261" REF="238"> took up defen&s;ive Armes to maintain Religion, Lawes, Liberties, and the antient fundamental being of Parliaments and this Kingdom: and that there alwayes was, and now e&s;pecially is, a predominant Faction in Parliament (notwith&s;tanding their frequent Declarations, Remon&s;trances, Petitions, Prote&s;tations, Covenant, and Votes to the contrary) con&s;piring with a Party (e&s;pecially of Commi&s;&s;ioned Officers of the Army) without the Hou&s;es to Change the fundamental Lawes and Government of the Church and Common-wealth, to u&s;urp into a few hands the Supream Authority, to en&s;lave the People with an Olygarchi|cal, Military, and Arbitrary Government, to rai&s;e what illegal Taxes they plea&s;e to e&s;tabli&s;h their tyranny and enrich them|&s;elves and their Party, to oppre&s;&s;e, con&s;ume, and devour all men of a judgment contrary to their Intere&s;t; to Murder them by new-declared arbitrary Trea&s;ons, contrary to the <HI>Stat.</HI> 25 <HI>Edw.</HI> 3. for a&s;certaining Trea&s;ons; to Disfranchi&s;e them of their Birth-rights, and make them <HI>Ad&s;criptios Glebae,</HI> Villains Regardant to their own Lands, which the Nobility, Gentry, and Yeomanry plough, &s;ow. and reap, whil&s;t Brewers, Dray-men, and Coblers eat, drink, and play upon the &s;weat of their labours; and are the U&s;ufructuaries of their E&s;tates. All which they have lately brought to pa&s;s; wherefore let all true Engli&s;hmen (as becomes good Chri&s;tians, good Patriots, and gallant Men) claim their Birth-rights, and with own voice cry out.</P>
<P N="1">1. <HI>We will not Change our Antient, &s;etled and well approved Laws to which we are Sworn.</HI></P>
<P N="2">2. <HI>We will not Change our Antient and well-tempered Monarchy to which we are Sworn.</HI></P>
<P N="3">3. <HI>We will not Change our old Religion for New Lights and In|ventions.</HI></P>
<P N="4">4. <HI>We will not &s;ubject our &s;elves to an eighth part of one E&s;tate or Hou&s;e of Parliament, &s;itting under a force, and having expelled two hundred and fifty of their Fellows (more Righteous than them&s;elves) by force, and u&s;urping to them&s;elves the Supreme Authority.</HI></P>
<P N="5">5. <HI>We will not be &s;ubjected to a new Supreme Authority u&s;urped by forty ambitious, covetous Tyrants, arrogating to them&s;elves to be a Councel of State, and de&s;igned to &s;upply the room of Parliaments, un|der what name or Title &s;oever they mask them&s;elves.</HI></P>
<P N="6"><PB N="262" REF="239">6. <HI>We will not &s;ubmit our &s;elves to a Military Government, or Coun|cel of Officers.</HI></P>
<P N="7">7. <HI>We mu&s;t and will have</HI> A KING, <HI>and</HI> The KING <HI>whom the Lawes of God and this Land have De&s;igned to us,</HI><NOTE PLACE="marg">See the Stat. of Recogniti|on, 1 <HI>Jac.</HI> and the Oaths of Allegiance, O|bedience, and Supremacy.</NOTE> <HI>we being by the Oaths of Allegiance, Obedience, and Supremacy &s;worn to <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ear Faith and true Allegiance to King</HI> CHARLES <HI>the Fir&s;t his lawful Heirs and Succe&s;&s;ors.</HI></P>
<EPIGRAPH>
<Q LANG="lat">Hic telum infigam, moriarque in vulnere&mdash;</Q>
</EPIGRAPH>
</DIV2>
<DIV2 TYPE="postscript">
<HEAD>Po&s;t&s;cript.</HEAD>
<P><MILESTONE N="1"> REader, at the latter end of my Fir&s;t part of <HI>The Hi&s;torie of Independency,</HI> I have pre&s;ented to thy con&s;ideration, &s;ome General Conclu&s;ions ari&s;ing out of the Premi&s;es; the &s;ame Conclu&s;ions do as na|turally ari&s;e out of the Premi&s;es of this Second part of the Hi&s;tory: and doe as aptly &s;erve to illu&s;trate this Second, as that Fir&s;t part; wherefore to that Fir&s;t part I &s;end thee for opening thy under&s;tanding.</P>
<P><MILESTONE N="2"> When our old Lawes run again into their Antient Channel, and the Sword of Murder is &s;heathed, and the Sword of Ju&s;tice drawn; the Author engageth to publi&s;h his Name and Apologie, and &s;hew what he hath done and &s;uffered for the Parliament and King|dome.</P>
</DIV2>
<TRAILER>THE END.</TRAILER>
<PB REF="239">
</DIV1>
</BODY>
</TEXT>
<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="240">
<PB REF="240" MS="y">
<P>THE High Court OF JUSTICE, OR <HI>CROMWELS</HI> New Slaughter-Hou&s;e in ENGLAND. With the Authority that Con&s;tituted, and Ordained it.</P>
<P><HI>Arraigned, Convicted,</HI> and <HI>Condemned,</HI> FOR U&s;urpation, Trea&s;on, Tyranny, Theft and Murther.</P>
<P>Being the Third Part of the <HI>Hi&s;tory of INDEPENDENCY,</HI> Written by the &s;ame Authour.</P>
<P>Printed <HI>Anno Domini</HI> 1660. In the &s;econd Year of the States Liberty, and the Peoples Slavery.</P>
</DIV1>
<DIV1 TYPE="epigraphs">
<PB REF="241">
<Q LANG="lat"><BIBL>Plin. Paneg. ad Trajanum.</BIBL>
<P>Olim criminibus, jam legibus laboratur; &amp; metuendum e&s;t, ne legi|bus fundata Re&s;publica, &s;it legibus ever&s;a.</P></Q>
<Q><BIBL>I&s;aiah 59. ver&s;. 3, 4.</BIBL>
<P>Your hands are defiled with blood, and your fingers with iniquity, your lips have &s;poken lyes, your tongues have muttered perver&s;ne&s;s. None calleth for Ju&s;tice, nor any pleadeth for truth; they tru&s;t in vanity and &s;peak lies, they conceive Mi&s;chief, and bring forth Ini|quity.</P></Q>
<Q><BIBL>Ver&s;. 7.</BIBL>
<P>Their feet run to evil, and they make ha&s;te to &s;hed innocent blood; their thoughts are thoughts of iniquity, wa&s;ting and de&s;truction are in their pathes. The way of peace they know not, and there is no judgement in their goings.</P></Q>
<Q><BIBL>Ver&s;. 11.</BIBL>
<P>We look for Judgement, but there is none; For Salvation, but it is far from us.</P></Q>
<Q><BIBL>Ver&s;. 14.</BIBL>
<P>Judgement is turned away backward, and Ju&s;tice &s;tandeth afar off; For truth is fallen in the &s;treets, and Equity cannot enter.</P></Q>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="text">
<PB N="3" REF="241">
<P>THat every thing is kept and maintained by the &s;ame wayes and means it was got and obtained,<NOTE PLACE="marg">&V;numquodque con&s;ervatur eodem modo quo fit.</NOTE> is a rule true both in Philo&s;ophy and Policy. And therefore Dominion gotten by fraud and force, mu&s;t by fraud and force be pre&s;erved. Things impi|ou&s;ly got, mu&s;t be impiou&s;ly kept. When u&s;urped Tyranny layes its foundation in blood, the whole Su|per&s;truction mu&s;t be built with Mortar, tempered with blood. One &s;in mu&s;t defend and make good another. And hence ari&s;eth a Nece&s;&s;ity upon Ambitious men to flanke and fortifie one Crime with another. But to plead this Nece&s;&s;ity, which they have &s;o wilfully drawn upon them&s;elves, in ju&s;tification of their wicked Cour&s;es. To expect &s;ubmi&s;&s;ion, obedience, and an equal engagement from men uninterre&s;&s;ed therein; and to entitle the Divine Providence and unrevealed Will of God thereto (in oppo&s;ition to His Will revealed and declared in the Scriptures, as is now a dayes u&s;ed) is to accu&s;e the Holy Gho&s;t of our Sins, and an Hypocri&s;ie &s;o impudently &s;in|ful and damnable, that I doubt no Age but this (the Dregs and Lees of time) ever gave an example of the like.</P>
<P>TO illu&s;trate my fir&s;t Maxime by &s;ome forreign Examples (before I lay the Ba&s;tard at our own Doors) <HI>Sylla</HI> at <HI>Rome,</HI> by the power of the Sword, <HI>pro|claimed</HI> (or voted) <HI>him&s;elf Dictator, to make good which u&s;urpation with a Mask of Authority, he compelled the Senate,</HI> or <HI>Parliament) to approve of all his forepa&s;&s;ed
<PB N="4" REF="242"> Villanies,</HI> Murthers and illegal Acts, <HI>and to confer a power upon him;</HI> To kill whom he plea&s;ed and con|fi&s;cate their E&s;tates; To build and de&s;troy Cities; Di&s;po&s;e Kingdomes; <HI>And exerci&s;e an Arbitrary, Su|preme Authority, and then (to e&s;tabli&s;h him&s;elf in his &s;elf-created power) he po&s;ted up at</HI> Rome, <HI>and in mo&s;t Cities of</HI> Italy, <HI>Bills of Pro&s;cription or Outlawry, con|taining the names of &s;uch per&s;ons, as (without any form of Law or Ju&s;tice) he appointed to be &s;lain</HI> by his Soul|diers. <HI>The&s;e Pro&s;cribed men were (for the most part) &s;uch as having &s;ome &s;parks of</HI> Roman <HI>vertue in them, dur&s;t love the antient Government, Laws and Liberties of</HI> Rome, <HI>and were therefore thought fit to be weeded out, as Malignants against his Innovations and arbitrary cour&s;es.</HI> Yet many mean &s;pirited fellows, were pro&s;cri|&s;cribed and murdered, partly for confi&s;cation of their E&s;tates, and partly to gratifie the malice and hatred of particular friends who (in that carnage) prayed in aid of <HI>Syllas</HI> &s;word to rid them of their Enemies.</P>
<P>After this <HI>Augu&s;tus Cae&s;ar</HI> at <HI>Rome,</HI> having by terror of Arms made him&s;elf Con&s;ul, and finding him&s;elf not &s;trong enough &s;ingly to &s;ubjugate his Country, he called <HI>Antonius</HI> and <HI>Lepidus</HI> to joyn with him, with whom entring into confederacy to &s;ubvert the fun|damental Government, and u&s;urp the Supreme Au|thority; they divide that va&s;t Empire between them, and <HI>pa&s;&s;ed a Decree among&s;t them&s;elves, that they &s;hould be called the Triumvirate for Reforming and Re-e&s;tabli&s;hing the Commonwealth</HI> (well enough be|fore if they had let it alone) <HI>with Supreme Authority</HI> to give E&s;tates and Offices to whom they thought fit, without asking the advice of Senate or people. They <HI>ap|pointed what Con&s;uls, Magi&s;trates &amp; officers they plea&s;ed</HI>
<PB N="5" REF="242"> They de&s;igned rich donatives, and 18 of the Chief Cities of <HI>Italy</HI> to be given to their Souldiers, if, by their valour they &s;hould obtain victory over <HI>Brutus</HI> and <HI>Ca&s;&s;ius. They fixed publick li&s;ts or Tables of Pro|&s;cription, naming &s;uch per&s;ons as they expo&s;ed to &s;laugh|ter.</HI> They pro&s;cribed at one time 130 Senators, at ano|ther time 150 and 2000 Knights. <HI>Whereby the be&s;t men for under&s;tanding, Conduct, Re&s;olution and Affection, beeng cut of,</HI> the re&s;t (terrified by their example) be|came but <HI>Terra Maledicta</HI> (as Chymicks call it) dull livele&s;s A&s;hes or clods of Earth, without power or ver|tue to quicken them, or make them productive. After &s;ome revolutions, wherein <HI>Augustus</HI> and <HI>Antonius</HI> had di&s;carded the dull and &s;tupid <HI>Lepidus,</HI> and (at la&s;t) <HI>Au|gu&s;tus</HI> had &s;ubdued <HI>Antonius: Augu&s;tus</HI> u&s;urped the Title of <HI>Tribune of the People,</HI> whereby his Per&s;on be|came &s;acred and inviolable; and (humouring the irra|tional Animals) took upon him the &s;pecial Protection of that Bruti&s;h Herd, the Ra&s;cal Multitude, the Tribunes of the people having been originally in&s;ti|tuted to Protect the people. His next &s;tep was to make him&s;elf <HI>Perpetual Dictator,</HI> whereby he arro|gated to him&s;elf a va&s;t unlimited power above all Lawes. The Tribune&s;hip was his Buckler. The Di|ctatro&s;hip was his Sword. And la&s;t of all (for Orna|ment only) <HI>He having already full power of an ab&s;olute Monarch (although he forbore the Title of (King) be|cau&s;e it was hateful to the people,</HI> and again&s;t the Laws evea &s;ince the <HI>Regifugium</HI>) he took upon him the Title of <HI>Princeps Senatus,</HI> or <HI>Pre&s;ident of the Senate;</HI> to keep a corre&s;ponding power over that great Coun&s;el or Par|liament: And finally u&s;urped the Title and Office of <HI>Imperator</HI> or <HI>Generali&s;&s;imo</HI> of all Forces by Land and Sea, Garri&s;ons, <HI>&amp;c.</HI></P>
<PB N="6" REF="243">
<P><HI>Philip</HI> King of <HI>Spain,</HI> Lord of the 17. Belgick Provinces, by &s;everal Titles, and under &s;everal limi|tations, Priviledges, Exemptions and Fundamental Laws, according to which he was to govern, and they to obey:<NOTE PLACE="marg">In nevum reg|num vi armi&s;|que partum re|digere, atque aliis Novis le|gibus domare ac guhernare Belgium. Meteran. in anno <HI>1567.</HI> Roidan in an. <HI>1566.</HI> John Fraunces Pe|tit. Thuanus.</NOTE> Re&s;olving to &s;ubvert the Fundamentall Lawes and Government, and reduce tho&s;e 17. petty Signiories into one meer ab&s;olute Monarchy, &s;ent the Duke <HI>D' Alva</HI> thither (a Warriour of a re&s;olute &s;tern nature) Governour, with a powerful Army; Who taking advantage of &s;ome rude Commotions formerly rai&s;ed by the Prote&s;tants, in throwing down Images, and Sacrilegiou&s;ly plundering Churches, <HI>erected a New Tribunal Criminal, or (to &s;peak in our modern uncouth Language) A High Court of Ju&s;tice,</HI> con&s;i&s;ting of 12 Commi&s;&s;ioners or Judges purpo&s;ely cho&s;en, mo&s;t of them hangers by of the Law, of mean fortunes, practice, birth, and breeding; Covetous, Ambitious, and &s;lavi&s;hly addicted to the Spani&s;h Fa|ction. To the&s;e was given by &s;pecial Commi&s;&s;ion full Power and Authority to enquire into, and judge (or to hear and determine) the forepa&s;&s;ed Commotions, whereupon <HI>they &s;tiled this Court,</HI> Concilium Turbarum, <HI>but the multitude called it</HI> Concilium Sanguinis, <HI>or the Bloody Conventicle.</HI> This Councel or Inqui&s;ition did &s;uper&s;ede or extingui&s;h the Authority of all other Courts of Judicature, and make void all Laws, Con|&s;titutions, Juri&s;dictions, and Priviledges of the Nati|on, as to the afore&s;aid commotions, and all other cau|&s;es they plea&s;ed to call High Trea&s;on. <HI>They had no o|ther bounds nor limits in their proceedings, than what they prefixed to them&s;elves in certain Articles.</HI> Some few whereof I will here pre&s;ent unto my Reader, becau&s;e <HI>they judged of High Trea&s;on by tho&s;e Articles, not by
<PB N="7" REF="243"> the known Laws of the Land (a thing very ob&s;ervable and applicable to my purpo&s;e) &s;o that they were not only Judges,</HI> Leges dicere, <HI>but al&s;o Law-makers,</HI> Leges dare: <HI>as all Judges are who take upon them a liberty to ob&s;erve no &s;et forms of proceedings, but at their own plea&s;ure.</HI></P>
<P N="1">1. <HI>Article.</HI><NOTE PLACE="marg">Petitioning a|gain&s;t Inno|vations in Government, and for the known Laws made Trea|&s;on, the like the Parliament practi&s;eth again&s;t &s;uch as petitioned for peace by accommodation. And again&s;t our High Court of Ju&s;tice, Arbitrary Impri&s;onments and Taxes.</NOTE> All Petitions heretofore tendered to the States, or Cities Corporate again&s;t the erecting of new Epi&s;copal Sees: or again&s;t the Holy Inqui&s;ition: or or requiring a Moderation of Decrees or Acts of State Parliament, are accounted meer con&s;piracies again&s;t God and the King.</P>
<P N="2">2. <HI>Art.</HI> All Nobles, Gentry, Judges, Magi&s;trates, and all others who connived at Heretical Sermons, plundering of Churches, and delivering &s;uch Petitions as afore&s;aid, pretending the nece&s;&s;ity of the times, and did not re&s;i&s;t and oppo&s;e them.</P>
<P N="3">3. Art. <HI>Who&s;oever affirms that all His Maje&s;ties Sub|jects of</HI> Belgia <HI>have not forfeited their ancient Privi|ledges, immunities and laws for Trea&s;on:</HI><NOTE PLACE="marg">We have for|feited our laws by con|que&s;t, or el&s;e our Grandees would not pa&s;s the two Acts for Trea|&s;on, 14. <HI>May,</HI> 17. <HI>July,</HI> 1648. nor e|rect the High Court of Ju&s;tice, and aboli&s;h our ancient lawes and government. See <HI>Pol.</HI> 3. <HI>Oct.</HI> 1650. and the Ca&s;e of the Kingdome &s;tated.</NOTE> <HI>and that it is not lawful for the King to u&s;e and handle them for the afore&s;aid Trea&s;ons as he plea&s;eth,</HI> to prevent the like Trea&s;ons for the time to come, and that the King is not ab&s;olved thereby from all Oaths, Promi&s;es, Grants, Contracts and Obligations what&s;oever.</P>
<P N="4"><PB N="8" REF="244"><NOTE PLACE="marg">Compare this with the two Acts for New Trea&s;ons, 14. <HI>May,</HI> 17. <HI>Ju|ly,</HI> 1649. and the Act 26 <HI>March,</HI> 1650. and Sir <HI>John Gells</HI> Ca&s;e &s;tated.</NOTE>4. <HI>Art. They that affirm this Councel or High Court of Ju&s;tice exerci&s;e Tyranny in their Proceedings, or Judgements; and that they are not Supreme and compe|tent Judges in all cau&s;es</HI> Criminal and Civil.</P>
<P N="5"><NOTE PLACE="marg">Our High Court of Ju&s;t. exceeds all this. See Sir <HI>John Gells</HI> Ca&s;e &s;tated, Printed <HI>Aug.</HI> 1650.</NOTE>5. <HI>Art. Tho&s;e that in ca&s;e of Here&s;ie deny, that all manner of Informers and Witne&s;&s;es of what&s;oever De|gree and condition they be, are to be credited:</HI> and that upon the Te&s;timony of any two witne&s;&s;es, this High Court ought to proceed to Judgment, Execution, and Confi&s;cation of life and goods, <HI>without publi&s;hing the cau&s;e or charge, and without any legal form of Trial.</HI> All the&s;e are guilty of High Trea&s;on again&s;t God and the King.</P>
<DIV2 TYPE="part">
<HEAD>The Rigour, Cruelty, and Inju&s;tice of this New erected Coun&s;el of Blood, or High Court of Ju&s;tice, enforced the Low Countries to revolt and ca&s;t off the King of <HI>Spain.</HI></HEAD>
<P>LEt us now examine whether in &s;ome one little Province or I&s;land belonging to that va&s;t Roman Empire: and in &s;ome mean petty fellowes (Na|tives of that I&s;land) men even at home of ob&s;cure Birth, Breeding, and Fortunes; we cannot finde examples of Ambition U&s;urpation, and Tyranny, as high and tran&s;cendent, as bloody and de&s;tructive, as covetous and greedy, as any of the fore-recited pre|&s;idents: And (which is wor&s;t of all) carried on by tho&s;e that call them&s;elves Chri&s;tians, nay Saints, (which is more than they vouch&s;afe to Saint <HI>Peter</HI>
<PB N="9" REF="244"> and the re&s;t of the Apo&s;tles, though glorified Saints in the Church Triumphant) and &s;uch as in all their bloody, oppre&s;&s;ing, cheating De&s;igns (promoted by Perjury, Treachery, breach of Faith, Oaths, and publick Declarations) pretend to the &s;ingular favour, Providence and will of heaven, as confidently, as if they could &s;hew Gods &s;pecial Commi&s;&s;ion, to warrant U&s;urpation, Trea&s;on, Tyranny, and Thievery.</P>
<P>It is not unknown by what Artifices, frauds, fal&s;ified promi&s;es, Oaths, and Covenants, <HI>a party of Antimo|narchi&s;ts, Schi&s;maticks,</HI> and <HI>Anabapti&s;ts</HI> lurking in the Parliament <HI>fooled the people to contribute their blood and money towards the &s;ubduing of the King (and in him of them&s;elves)</HI> and how by the &s;ame wayes and &s;ubtilties the &s;aid party in the two Hou&s;es (now com|bined openly, under the General Title of <HI>Indepen|dents</HI>) engaging and con&s;piring with the Officers of the Army and Souldiery <HI>expelled by armed force &s;even parts of eight of the Hou&s;e of Commons,</HI> leaving not a|bove 43. or 44. of their own engaged party &s;itting, men inriched with publick &s;poyls) and <HI>voting under the power of the Armies Commanders, who&s;e commands are now become a law to the &s;aid &s;itting Members, as their Votes are become Laws to the Kingdome.</HI> In Obedience to their &s;aid Ma&s;ters of the Army, The &s;aid remainder of Commons voted down the Hou&s;e of Lords (though an integral and principal Member of the Parliament of <HI>England,</HI> far antienter than the Hou&s;e of Commons, and having a power of Judicature to admini&s;ter an Oath (which the Hou&s;e of Commons never had, nor pretended to have, until this time that they overflow their Bounds, and the whole Kingdomes, under the protection of their Army) which prerogative of the
<PB N="10" REF="245"> Hou&s;e of Lords is clearly demon&s;trated by the Hou&s;e of Commons &s;tanding bare before them at all conferences, as the Grand Inque&s;t doth before the Judges) becau&s;e they rejected the Ordinance for Trial of the King. And <HI>now the&s;e Dregs and Lees of the Hou&s;e of Commons, take upon them to be a compleat Par|liament:</HI> To enact and repeal Statutes; To &s;ubvert the Fundamental Government, Laws and Liberties of the Land; To pull up by the Roots without Legal proceedings) every mans private property and po&s;|&s;e&s;&s;ion, and de&s;troy his life: To burden the people with un&s;upportable, unheard of, unparliamentary Taxes, Impo&s;itions, Exci&s;e, Freequarter, buying of New Arms after the Countrey have been di&s;armed of their old Arms three times in one year;<NOTE PLACE="marg">In their Tax Rolls they u|&s;ually &s;et in the Margent to every name private notes of di|&s;tinction, an M. an N. or P. The letter M. &s;tands for Malignant; he that is &s;o branded, is highly taxed, and his com|plaints for redre&s;s &s;lighted. N &s;tands for a Neuter, he is more indifferently rated, and upon cau&s;e &s;hewn, may chance to be relieved. The letter P. &s;ignifies a perfect Parliamentarian. He is &s;o favourably taxed, as he bears an incon&s;iderable part of the burden, and that they may the better con&s;ume with Taxes and want, all &s;uch as do not concur with them in the height of their villanies. The pretended Parliament, are now debating to rai&s;e the Monethly Tax to 240000 lib. or to deprive every man of the third part of his E&s;tate; both Real and Per&s;onal, for maintenance of their immortal Wars, and &s;hort lived Commonwealth. Be&s;ides Exci&s;e, Cu|&s;tomes, Tonnage and Poundage, Freequarter, finding Arms and Hor&s;es, and the &s;ale of Corpo|ration Lands now in agitation. While&s;t our Grandees enrich all the Banks of Chri&s;tendome with va&s;t &s;ummes rai&s;ed by publick Theft and Rapines.</NOTE> Pre&s;&s;ings and Leavying of Souldiers, Seque&s;trations, Plunder|ing of Hou&s;es and Hor&s;e, and many other oppre&s;&s;ions, more than the <HI>Turke, Ru&s;&s;e,</HI> or <HI>Tartar</HI> ever heard of: of all which our <HI>Grandees are free,</HI> and lay them upon others as partially as they plea&s;e, purpo&s;ely to con&s;ume them. To make Religion but a &s;talking hor&s;e to their De&s;igns, and the Mini&s;ters thereof but Ho&s;tlers to rub down, curry, and dre&s;s it for their riding; to whom they &s;end Commands, what they
<PB N="11" REF="245"> &s;hall, and &s;hall not preach to the people; as if preaching were the Ordinance of man, not of God. At la&s;t by way of preparative to their machinations, they pa&s;s the&s;e following Votes.</P>
<P N="1">1. <HI>That all Supreme power is in the people.</HI></P>
<P N="2">2. <HI>That the Supreme Authority under them, is in the peoples Repre&s;entatives, or delegates in Parliament a&s;|&s;embled.</HI> Meaning them&s;elves (you may be &s;ure) the Quinte&s;&s;ence and Elixar of the Hou&s;e of Commons, extracted by tho&s;e learned Chimcks, Doctour <HI>Fairfax,</HI> Doctour <HI>Cromwel,</HI> and the re&s;t, graduated at that de|graded Univer&s;ity of <HI>Oxford.</HI> Here note they voted the Supreme power to be in the people, that they might u&s;e tho&s;e Gulles as Conduit pipes or Trunks to convey the Supreme Authority into them&s;elves, the better to en&s;lave the people; And <HI>tickle them, while&s;t they fa&s;ten about their necks the Iron yoke of a Mili|tary Oligarchy, wearing the Mask of a perpetual Par|liament.</HI></P>
<P N="3">3. <HI>That what&s;oever the Commons in Parliament &s;hall enact, &s;hall have the power and force of an Act of Par|liament, or Law, without the con&s;ent of the Hou&s;e of Lords, or the Kings Royal A&s;&s;ent; any &s;tatute, law cu|&s;tome or u&s;age to the contrary notwith&s;tanding</HI> (they might have &s;aid all our &s;tatutes, laws, cu&s;tomes, <HI>&amp;c.</HI> notwith&s;tanding) This one vote hath more of <HI>Di&s;&s;olu|tion</HI> and more of <HI>&V;&s;urpation</HI> and <HI>Innovation</HI> in it, than any I yet ever read of; <HI>This is univer&s;ally Arbitrary, and layes the Ax to the root of all our Laws, Liberties, Lives, and properties at once.</HI></P>
<Q><L>What the&s;e men will, they vote:</L>
<L>What they vote is Law.</L>
<L>Therefore what they will is Law.</L></Q>
<P N="4"><PB N="12" REF="246">4. <HI>That to wage war, or to bear Arms against the Re|pre&s;entative body of the People, or Parliament is high Trea&s;on.</HI> By the Law all Trea&s;ons are committed a|gain&s;t the King, his Crown and Dignity.</P>
<P N="5">5. <HI>That the King hath taken up Arms against this Parliament, and is therefore guilty of all the blood &s;hed this War, and &s;hould expiate tho&s;e crimes with his blood.</HI> If the King were not guilty, the&s;e men are; And therefore they pa&s;&s;ed this Vote, <HI>Se defendendo.</HI> Yet ob&s;erve that herein they became Judges in their own cau&s;e, and forejudged his Maje&s;ty before his Trial, if that may be called a Trial, that was carried on by men, who were both Accu&s;ers, Pro&s;ecuters, parties and Judges; and had neither Law, pre&s;ident, forma|lity of proceedings, nor any other foundation of Ju|&s;tice or Rea&s;on to warrant them, nor were delegated by any lawful Authority?</P>
<P>The&s;e Votes thus pa&s;&s;ed, and by this kinde of men, were the foundation upon which they built their great Engine to de&s;troy the King and Kingly Govern|ment together with the Religion, Laws, Liberties, Lives, and properties of the people; all condemned in that deadly &s;entence given again&s;t the King) For having (as afore&s;aid) created (by their own Votes) them&s;elves as ab&s;olute a power as they plea&s;ed and ca&s;t the people and all they have into that bottomle&s;s Chaos of their Arbitrary Domination: They erect an Extrajudicial, unpre&s;idented High Court of Ju&s;tice to Try (or rather to condemn without Trial) the King, con&s;i&s;ting of 150. Commi&s;&s;ioners, Souldiers, Parliament men, Trades men; the mo&s;t violent, en|gaged and factious incendiaries of all the Antimonar|chical faction: Among&s;t whom were many low
<PB N="13" REF="246"> conditioned Mechanicks, and Banquerouts, who&s;e Fortunes are &s;ince repaired out of the Kings E&s;tate, and other publick Lands, Goods, and Offices,<NOTE PLACE="marg">See Stat. Re|cognition 1 <HI>Jac.</HI> The Oaths of Al|giance, Obe|dience and Supremacy, and all our Law-books.</NOTE> as a reward for that Royal Blood they &s;pilt. The King the Fountain of Law, Ju&s;tice, Mercy, Honour, War, and Peace; the Head of the Parliament, and Supreme Governour over all per&s;ons, and in all cau&s;es) thus violently removed; pre&s;ently (as if the Mounds and banks of the Sea had been overturned) an impetuous inundation of bloody, thievi&s;h Tyranny and Oppre&s;|&s;ion brake in upon us: So that no man can call his life, liberty, hou&s;e, lands, goods, or any other his Rights, or Franchi&s;es his own, longer than the gracious a&s;|pect of &s;ome of our Grandees &s;hine favourably up|on him.</P>
<P>In the next place: contrary to their own Decla|rations of the 9. <HI>Feb.</HI> and 17. <HI>March</HI> 1648. Wherein they promi&s;e that in all things concerning the lives, liberties, and properties of the people, they will ob|&s;erve the known laws of the Land, with all things inci|dent thereto) <HI>They pa&s;s misbegotten Acts of Parliament,</HI><NOTE PLACE="marg">This Stat. 25 <HI>Ed.</HI> 3. c. 2. <HI>S. Johns</HI> again&s;t <HI>Strafford,</HI> cals the &s;ecurity of the people. And the Stat. 1 <HI>Hen.</HI> 4. cap. 10. <HI>Ed.</HI> 6. cap. 12. 1. <HI>Mariae</HI> 1. ra|tifie and high|ly commend.</NOTE> <HI>one of the</HI> 14. <HI>of</HI> May, <HI>another of the</HI> 17. <HI>of</HI> July, 1649. <HI>whereby</HI> (in derogation and annihilation of that ex|cellent Stat. 25 <HI>Ed.</HI> 3. Chap. 2. A&s;certaining Trea&s;ons, and reducing them to a &s;mall number, and leaving no|thing to the interpretation of the Judges, that the peo|ple might not be en&s;nared) <HI>they exceeding by multiply|ing Trea&s;ons, bringing bare words as well as deeds within the compa&s;s of that offence: and making many duties to which the laws of God &amp; the land, the Prote&s;tation &amp; Co|venant, the oaths of allegiance, obedience, &amp; &s;upremacy ob|lige us, to be high trea&s;on, &amp; the&s;e new acts of trea&s;on pen|ned in ob&s;cure, ambiguous terms, purpo&s;ely to leave a lati|tude
<PB N="14" REF="247"> of Interpretation in (their own creatures) the Judges, that the People may be en&s;nared.</HI></P>
<P>The King thus taken out of their way. They pa&s;&s;e pretended Acts. 1. <HI>To Di&s;inherit his Children.</HI> 2. <HI>To aboli&s;h Kingly Government for ever.</HI> 3. <HI>To con|vert our ancient well-tempered Monarchy into that</HI> (which they call a <HI>Common-wealth,</HI><NOTE PLACE="marg">They have converted our ancient Mo|narchy into a Free-&s;tate; and tell us they are the State. They tell us they have be&s;tow|ed Liberty upon the peo|ple: but they and their fa|ction onely are the peo|ple. All the re&s;t of the Engli&s;h Nati|on are anni|hilated, and reduced to nothing, that the&s;e fellows may become all things: Meer ciphers, &s;erving onely to make them of more ac|count. And this gro&s;s fal|lacy mu&s;t not be di&s;puted again&s;t, le&s;t their New Acts of Par|liament call it Trea&s;on.</NOTE> <HI>or Free-State;</HI> al|though nothing be therein free but their lu&s;ts: nor hath it any form or face of Civil and ju&s;t Go|vernment; wherein a confu&s;ed Multitude rule by their own Wills, without Law: and for their own benefit; no con&s;ideration being had of the good and happine&s;&s;e of the people in general. 4. <HI>They Con&s;titute a Senate, or Councel of State of</HI> 40 <HI>men</HI> (a|mong&s;t which &s;ome Trade&s;-men, Souldiers, illiterate Lawyers, Parliament-Members, men already engaged over head and eares in &s;in, therefore to be confided in) to the&s;e or any nine of the&s;e they entru&s;t the Ad|mini&s;tration of this Utopian Common-wealth, and the&s;e they would have us believe (without telling us &s;o) are the Keepers (or Gaolers) of the Liberties of <HI>England.</HI></P>
<P>The&s;e things being but Introductions to the U&s;ur|pation of the&s;e Kinglings: and having been already &s;hewed to the world by many pens. I content my &s;elf to give a cur&s;ory view of them, and ha&s;te to my intended task, to &s;hew that this U&s;urped power is kept and admini&s;tred by as wicked and violent poli|cies, as it was gotten by.</P>
<P>The fir&s;t endeavour of all Tyrannical U&s;urpers is, To le&s;&s;en the number of their Enemies; either by
<PB N="15" REF="247"> flattering and deceiving them: or by violently extir|pating and rooting them out. And &s;uch have been the attempts of our new <HI>Cromwellian</HI> Stati&s;ts, ever &s;ince (without any calling from God or the people) they took upon them the Supreme Authority of the Nati|on; &s;ubverted our well-mixed Monarchy, and crea|ted them&s;elves a Free-State</P>
<P N="1">1. They endeavoured to &s;weeten and allure to act with them,<NOTE PLACE="marg">1. A Collu&s;ive Accommoda|tion.</NOTE> as many of the Secured and Secluded Mem|bers, Mini&s;ters, and other Presbyterians, as they could, to the end that <HI>ex po&s;t facto</HI> being guilty of their &s;ins, they might be engaged in one common defence, and go halfs with them in their ignominy and puni&s;hment, though not in their power, profit, and preferments, in which the Godly will admit no Rivals, but (like their Patron the Devil) cry all's mine. But this De&s;ign fail|ed for the mo&s;t part.</P>
<P N="2">2. Their &s;econd Endeavour was how to dimini&s;h the number of their Oppo&s;ites,<NOTE PLACE="marg">2. An intended Ma&s;&s;acre.</NOTE> Royali&s;ts and Presbyteri|ans, by a Ma&s;&s;acre, for which purpo&s;e many Dark Lan|thorns and Poniards were provided la&s;t Winter, 1649. But fame prevented this plot: which coming to be the common rumour of the Town, put them in mind of the danger, infamy, and hatred that would overwhelm them. So this was laid a&s;ide.</P>
<P><HI>At la&s;t they invented two other Engins, no le&s;s bloody then, and as effectual as a Ma&s;&s;acre.</HI></P>
<P N="3">3. The Engagement is the fir&s;t of the&s;e two Gins) which all per&s;ons are enjoyned to &s;ub&s;cribe by their Act 2 <HI>Jan.</HI> 1649.<NOTE PLACE="marg">3. The Engage|ment.</NOTE> <HI>To be true to the Common-wealth of</HI> England, <HI>as it is now e&s;tabli&s;hed, without a King, or Hou&s;e of Peeres.</HI> And this is obtruded under no le&s;&s;e penalty, than, To be totally deprived of all
<PB N="16" REF="248"> Benefit of Law what&s;oever. Now the Lawes of the Land being the only Con&s;ervators of our Lives, Liber|ties and E&s;tates (without which Lawes all men have a like property to all things, and the &s;tronge&s;t have right to all is po&s;&s;e&s;t by the weaker; &s;ince the Law onely di&s;tingui&s;heth <HI>Meum</HI> and <HI>Tuum</HI>) what is this but to expo&s;e the Liberties of the Non-Engagers to fal&s;e Impri&s;onments; our E&s;tates to rapine, &s;poil, and in|ju&s;tice: and our Lives and Per&s;ons to wounds and murders, at the will and plea&s;ure of &s;uch as will en|gage with our U&s;urpers: but e&s;pecially at the plea|&s;ure of their own Souldiers: to whom (I conceive) this Outlawry was intended as an Alarm or Invita|tion to plunder and ma&s;&s;acre the Non-Engagers, and to pay them&s;elves their Arreares of which the&s;e Parliamennt men have cou&s;ened them) out of their E&s;tates, and though the Souldiers were not &s;o wicked as their Ma&s;ters, yet we daily &s;ee many good Fa|milies in <HI>England</HI> de&s;poiled of their E&s;tates, for want of protection of the Lawes, brought to mi&s;e|rable beggery, rather than they will wrong their con|&s;ciences by &s;ub&s;cribing this damnable Engagement contrary to the Prote&s;tation and Covenant impo&s;ed by this Parliament, contrary to the known Law of this Land, which this Parliament hath declared to ob&s;erve and keep in all things concerning the lives, liberties, and properties of the people, with all things incident thereto; contrary to this Parliaments rei|terated Votes, that they would not change the An|cient Government, by a King, Lords and Commons. And contrary to the Oathes of Allegiance, Obe|dience, and Supremacy: whereby (and by the Stat. of Recognition, 1 <HI>Jac.</HI>) our <HI>Allegiance</HI> is tied onely
<PB N="17" REF="248"> to the <HI>King,</HI> his <HI>Heirs</HI> and <HI>lawful Sucee&s;&s;ors;</HI> from which no power on earth can ab&s;olve us, and &s;o much we atte&s;t in the Oath of Supremacy. <HI>Politicus</HI> (Inter|preter to our new State-puppet play) <HI>Numb.</HI> 19. from <HI>Sept.</HI> 19. to <HI>Sept.</HI> 26. out of the dictates of his Ma&s;ters tells us, that in An&s;wer to the Kings Act of oblivion granted, the Parliament intends to pa&s;s an Act of General pardon; for which they expect in future a General obedience and &s;ubmi&s;&s;ion to the Government (you &s;ee though they will not be the Kings &s;ubjects, they will be his Apes) and in the beginning of the &s;aid Pamphlet, <HI>Politicus</HI> &s;aith, That Protection implies o|bedience, otherwi&s;e they may be handled as publick Enemies and Out-laws, and ought to be de&s;troyed as Traitors. Here you have the end to which this gene|ral pardon is intended; it is but a &s;hooing-horn to draw on the utmo&s;t penalty upon Non-engagers, ap|pointed by the &s;aid pretended Act 2. <HI>Jan.</HI> 1649. to weed them out of this good Land, that the Saints on|ly may enjoy the earth and the fulne&s;s thereof; to which purpo&s;e all their new coyned Acts and Laws are directed. The Scripture points forth the&s;e kind of men, when it &s;aith, <HI>The Mercies of the wicked are cruel.</HI> The &s;um of all is, If we will not acknowledge Allegiance to the&s;e Mu&s;hromes, we &s;hall be Traitors without Allegiance (a Trea&s;on never yet heard of in any Law) If we will acknowledge Allegiance, we put our &s;elves in a capacity to be Traitors, when they &s;hall plea&s;e to make us &s;uch. But let them know, That we are all Engli&s;hmen, Free-born alike, un|der the protection of an ancient, legal Monarchy, to which we owe Allegeance; and how we come to forfeit that legal Protection, our &s;etled Laws
<PB N="18" REF="249"> and Government; and be &s;ubjected to a New, un|known protection obtruded upon us by a company of up&s;tarts (Mu&s;hromes of Maje&s;ty, &s;o mean in birth and breeding (for the mo&s;t part) that the place of a Con&s;table equalls the highe&s;t of their education) impo&s;ing what Laws and conditions upon us they plea&s;e; I would be glad to hear without being hin|dred by Guns, Drums, High Courts of Ju&s;tice, and other In&s;truments of Violence and Murther. But the greate&s;t My&s;tery in this cheat is, That our Self-created Supremi&s;ts, having voted the original power to be in the people, and but a derivative Authority to be in them&s;elves as the Repre&s;entative of the people, &s;hould notwith&s;tanding &s;o yoak their Sovereign Lord the people, and make them pay Allegiance to their own Delegates (the eighth part of a Hou&s;e of Commons) under the penalty unle&s;s they &s;ub&s;cribe as the far major part have not) of out-lawing and de|priving all the people of this Land of all benefit of the Laws they were born to; and con&s;equently of annihilating and making them no longer a Nation or people. As if they were meer Salvages, newly con|quered, collected and formed into a politick body or Commonwealth, and endowed with Laws newly in|vented by the Novice Stati&s;ts. But the unlawfulne&s;s of the &s;aid Engagement with the Inju&s;tice of the Self-created power that obtrudeth it hath been hand|led by many good pens, e&s;pecially by the <HI>Che&s;hire</HI> and <HI>Lanca&s;hire</HI> Mini&s;ters in their plea for Non-&s;ub&s;cri|bers. Therefore I pa&s;s on to my principal &s;cope; <HI>The &s;econd Engine appointed to root out all &s;uch as are of a different party, the High Court of Ju&s;tice.</HI> A for|midable Mon&s;ter, upon which no pen (that I know of) hath yet adventured.</P>
<P N="4"><PB N="19" REF="249">4. In treating of the High Court of Ju&s;tice,<NOTE PLACE="marg">4. The High Court of Ju&s;tice.</NOTE> I mu&s;t con&s;ider, 1. <HI>By what per&s;ons and Authority</HI> this new erected unpre&s;idented Court is con&s;tituted? 2. <HI>Of what per&s;ons it is con&s;tituted?</HI> 3. <HI>The way and manner of their proceedings?</HI> What Formalities and Laws they ob&s;erve therein? How &s;uitable to the known Laws of the Land, and the Parliaments Declarations, Prote&s;ta|tions and Covenant they are? 4. <HI>To what end this Court is con&s;tituted?</HI></P>
<P N="1">1. <HI>The Per&s;ons con&s;tituting</HI> this extrajudicial Court are the pre&s;ent pretended Parliament, con&s;i&s;ting of forty or fifty thriving Commons only, who con&s;pired with <HI>Cromwel</HI> and the Army to expel &s;even parts of eighth of their Fellow-Members, without any cau&s;e &s;hewn, aboli&s;hed the Hou&s;e of Peers, erected this High Court of Ju&s;tice <HI>(in nature of a Court Martial)</HI> to murther the King, aboli&s;hed Kingly Government, turned it in|to a thing they call a <HI>Free State,</HI> di&s;inherited the Royal Family, <HI>and now u&s;urp to them&s;elves (without any calling from God or the People) more than a Regal, Legal or Parliamentary Authority,</HI> wherewith they have &s;ubverted the Fundamental Government, Religion, Laws, Liberties and Property of the Nation, and en|va&s;&s;alli&s;ed and en&s;laved them to their Arbitrary Do|mination; the Authority by which they erect this ex|trajudicial Court is, <HI>The u&s;urped, Legi&s;lative power;</HI> by colour of which they pa&s;&s;ed an Act dated 26. <HI>March</HI> 1650. e&s;tabli&s;hing the &s;aid High Court of Ju&s;tice. <HI>Yet their own creature Ma&s;ter</HI> St. Johns, <HI>in his Argument again&s;t the E. of</HI> Strafford (in a Book called Speeches and Pa&s;&s;ages of this great and happy Parlia|ment, printed by <HI>William Cooke,</HI> 1641. pag. 24.) &s;aith, <HI>The Parliament is the Repre&s;entative of the whole King|dome,
<PB N="20" REF="250"> wherein the King as head, The Lords are the more Noble, and the Commons the other Members, are knit to|gether as one body politick; The Laws are the Arteries and Ligaments that hold the body together.</HI> (And a little after) <HI>Its Trea&s;on to embe&s;el a Judicial Record,</HI> Straf|ford <HI>&s;wept them all away. Its Trea&s;on to counterfeit a</HI> 20 s. <HI>peece;</HI> here is a counterfeiting of Law (&s;o in the&s;e counterfeit new Acts) we can call neither the counter|feit nor true one our own. <HI>Its trea&s;on to counterfeit the great Seal for an acre of land,</HI> no property hereby is left to any land at all (no more is there by the votes and practi&s;e of our new Supremi&s;ts (thus far Mr. St. Johns.) <HI>But that the Parliament doth nece&s;&s;arily con&s;ist of the King and the two Hou&s;es a&s;&s;embled by his Writ, &amp; can pa&s;s no Act without their joint con&s;ent.</HI> See the pre|ambles of all our Statutes, all our Parliament Records, all our Law books, <HI>Modus tenendi Parliamentum. Hack|wels</HI> manner of pa&s;&s;ing Bills. Sir Tho. Smith <HI>de Repub. Anglorum. Cambdeni Britania.</HI> All our Hi&s;torians, Poli|titians, and the uninterrupted practi&s;e of all Ages. That it is now, lately otherwi&s;e practi&s;ed, is not by any Law of the Land, but by the will of lawle&s;s power and Rebellion, that hath cancelled all our Laws, Li|berties and Properties, and &s;ubverted our Fundamen|tal Government, and disfranchi&s;ed and di&s;inherited the whole Nation. Yet Ma&s;ter St. <HI>Johns</HI> in his &s;aid Argument again&s;t <HI>Strafford,</HI> pag. 38. was then of opi|nion, <HI>That to &s;ubvert the Laws and Government, and make a Kingdome no Kingdome, was Trea&s;on at the Common Law.</HI> This Act 26. <HI>Mar.</HI> 1650. is a new model|led Commi&s;&s;ion of Oyer and Terminer; and all the people of the Land, are by the con&s;equence thereof disfranchi&s;ed and pro&s;cribed. The illegality and ty|ranny
<PB N="21" REF="250"> thereof, they have introduced, who in this Par|liament &s;o zealou&s;ly complained again&s;t the Court of the Pre&s;ident and Coun&s;el of <HI>York,</HI> or of the North, as an intollerable grievance (notwith&s;tanding it had been of as long continuance as from 41 <HI>H.</HI> 8.) as ap|peares by a worthy <HI>Members Speech or Argument a|gain&s;t it</HI> (in the &s;aid Book of Speeches and Pa&s;&s;ages p. 409. <HI>made by order of the Hou&s;e of Commons in</HI> April 1649. I find not one Exception there made again&s;t the Court of <HI>York,</HI> to which this up&s;tart High Court is not more liable than it. 1. The Commi&s;&s;ioners of this High Court are not appointed <HI>to enquire, per Sa|cramentum proborum &amp; legalium hominum,</HI> that is, by Juries; as by <HI>Magna Charta,</HI> and above 30. Statutes confirming it, all Commi&s;&s;ions ought to run. 2. They are not appointed (nor &s;worn) <HI>to hear and determine, Secund&ugrave;m Leges Angliae,</HI> according to the known Laws (as they ought to be) but according to certain Articles and powers given in the &s;aid Act 26. <HI>March,</HI> 1650. 3. The &s;aid Act 26 <HI>March</HI> leaves a dangerous la|tude to the interpretation and di&s;cretion of the Com|mi&s;&s;ioners (contrary to what is done in the Act 25 <HI>Edw.</HI> 3. chap. 2.) namely; It hath <HI>one Clau&s;e enabling them to inflict upon Offenders &s;uch puni&s;hment, either by death or otherwi&s;e corporally, as the &s;aid Commi&s;&s;ioners, or the major part of them pre&s;ent &s;hall judge to apper|tain to Ju&s;tice.</HI> This leaves it in the bre&s;ts of the Com|mi&s;&s;ioners (without any Law or rule to walk by) to inflict what torments and ignominious puni&s;hments they plea&s;e, although not u&s;ed in our Nation; and <HI>ar|bitrary corporal pains are proper to &s;laves, not to &s;ubjests.</HI> Here (after the lo&s;s of all but their bodies) the people may &s;ee their bodies &s;ubject to the lawle&s;s wills of
<PB N="22" REF="251"> our Grandees. And by another clau&s;e, this Act im|powereth the Commi&s;&s;ioners. <HI>To examine witne&s;&s;es up|on oath, or otherwi&s;e, if need be.</HI> This word (<HI>or otherwi&s;e,</HI> &amp;c.) gives them power to examine witne&s;&s;es with|out oath (if they cannot procure witne&s;&s;es &s;o far the &s;ons of Belial, and cauteri&s;ed in con&s;cience as to ad|venture upon an oath) even in ca&s;e of life and death, and mutilation of members; contrary to the current of all our Lawes, and practi&s;e of all our Courts of Law, and of all Nations. See <HI>Stat.</HI> 1 <HI>Edw.</HI> VI. chap. 12. 5 <HI>Edw.</HI> VI. chap. 11. <HI>Cooks</HI> 3. In&s;t. p. .24, 25, 26. <HI>Deut.</HI> 17.6. <HI>Ex ore duorum vel trium peribit qui occide|tur.</HI> Deut. 17.6. Matth. 18.16. John 18.23. 2 Cor. 13.1. Heb. 10.28. This is the mo&s;t arbitrary and de&s;troy|ing liberty that ever was given to Judges; And &s;uch as none but profe&s;&s;ed thieves and murderers will ac|cept or make u&s;e of. The Scripture &s;aith, <HI>An oath is the end of controver&s;y between man and man. How then can they end and determine a controver&s;ie without oath?</HI> But the end of all controver&s;ies before this Butcher-row of Judges, is cutting of throats., and confi&s;cation of e&s;tates. And by the &s;ame clau&s;e of the &s;aid Act <HI>(To examine witne&s;&s;es) they may, and (I hear) do examine witne&s;&s;es clande&s;tinely,</HI> and proceed upon bare Depo|&s;itions read in Court, whereas they ought to produce the witne&s;&s;es face to face in open Court,<NOTE PLACE="marg">See Stat. 5 <HI>Ed.</HI> 6. chap. 11. &amp; <HI>Cooks</HI> 2. In&s;t. pag. 26.</NOTE> and there &s;wear them, that the party accu&s;ed may interrogate them, and examine the circum&s;tances, and whether they contradict them&s;elves, or one another, for clearing the Evidence? And whether they be lawful witne&s;&s;es or no? Nay (I hear) they do privately &s;uborn and en|gage witne&s;&s;es without oath. And then produce them
<PB N="23" REF="251"> to &s;wear what they have formerly related only: and if they &s;cruple at an oath; puni&s;h them for mi&s;-inform|ing the State. 4. That I may make &s;ome more u&s;e of the afore&s;aid Members words, <HI>Whether the King, or a prevailing Party u&s;urping his Kingly power, may canton out a part of his Kingdom (or cull and mark out for &s;laughter &s;ome principal men, and deny them the benefit of Law, in order thereto, as the&s;e Judges do) to be tried by &s;pecial Commi&s;&s;ion, &s;ince the whole Kingdom is under the known laws and Courts e&s;tabli&s;hed at We&s;t|minster?</HI> It &s;hould &s;eem by this Parliaments eager complaint again&s;t the &s;pecial Commi&s;&s;ion of <HI>York,</HI> this Parliament hath determined this que&s;tion in the nega|tive already (what&s;oever their pre&s;ent practi&s;e to car|ry on their De&s;ign is) See Stat. 17. <HI>Car.</HI> 1. again&s;t the Star-Chamber. To what purpo&s;e &s;erve tho&s;e Statutes of <HI>Magna Charta,</HI> and the <HI>Petition of Right,</HI> if men may be fined and impri&s;oned (nay murdered) without Law, according to the di&s;cretion of Commi&s;&s;ioners? This di&s;cretion is the quick-&s;and that hath &s;wallowed our Properties &amp; Liberties (but is now ready to &s;wal|low our carka&s;&s;es.) Thus far that Gentleman, Who&s;e words then carried the Parliamentary &s;tamp upon them. Let me add &s;ome more exceptions of my own again&s;t this High Court of Inju&s;tice. 5 <HI>Souldiers of the Army are appointed by the Act</HI> 26 March, <HI>to be a&s;&s;i&s;tant to the Commi&s;&s;ioners,</HI> contrary to the peaceable pro|ceedings of the Law, which never makes u&s;e of any but Civil Magi&s;trates and Officers of the Law. See Stat. 7 <HI>Ed.</HI> I. 2 <HI>Ed.</HI> III. chap. 3. 7. <HI>R.</HI> 2. chap. 13. 6. <HI>And contrary to the old oath which all Judges ought to take, in the&s;e words.</HI> You &s;hall &s;wear <HI>well and faithfully to &s;erve the King and people,</HI> in the Office of Ju&s;tice, &amp;c.
<PB N="24" REF="252"> And <HI>that to what e&s;tate and condition they be come be|fore you in the Se&s;&s;ions with force and arms, again&s;t the peace, again&s;t the Statute thereof made, to di&s;turb the Execution of the Common Laws, or to menace the people, that you arre&s;t their bodies, &amp;c.</HI> Stat. 18 <HI>Ed.</HI> 3. in An. Dom. 1344. p. 144. Poultons Book of Stat. at large. <HI>But the oath appointed for the&s;e Commi&s;&s;ioners to take, is not penned in terms of indifferency, nor doth any waies oblige them to the people,</HI> 26. Mar. 1550. (viz.) <HI>You &s;hall &s;wear well and truly according to the be&s;t of your skill and knowledge, to execute the &s;everal powers given you by this Act</HI> (not well and lawfully to &s;erve the people.) Be|&s;ides, they &s;wear to execute the &s;everal powers given (<HI>not to do Ju&s;tice according to the Laws.</HI> Now the Laws are the only rules of Ju&s;tice, by which we di&s;tingui&s;h crooked from &s;trait, true from fal&s;e, right from wrong. This is not the work the&s;e Judges are packed for, but to <HI>execute</HI> Acts of <HI>power</HI> and <HI>will.</HI> But powers are often u&s;urped, tyrannical, illegal and unju&s;t: So are the&s;e. <HI>Injuria e&s;t quod contra legem fit.</HI> 7. How can the Hou&s;e of Commons (if it were full and free) con&s;titute a new unpre&s;idented Court of Ju&s;tice, nomi|nate and ordain Judges, and enable them to admini&s;ter Oaths, having never had, nor &s;o much as pretended to have any power to judge, to nominate Judges, or to admini&s;ter an Oath; as having never been more than the Grand Enque&s;t of the Kingdom, humbly to pre&s;ent to His Maje&s;ty in a petitionary way, the grie|vances of the people? <HI>Nemo dat quod non habet.</HI> 8. Sup|po&s;e the Hou&s;e of Commons had power of Judica|ture, delegated to them from the people as their Re|pre&s;entative? <HI>Delegati non po&s;&s;unt &s;ub&s;tituere Delega|tos, &amp; Protestatam &s;ibi concreditam, in alios transferre.</HI>
<PB N="25" REF="252"> Delegates cannot make &s;ubdelegates, and transfer their tru&s;t to others. See Col. <HI>Andrews</HI> 3. An&s;wers given into this High Court, for his defence. Printed at the latter end hereof.</P>
<P N="2">2. My &s;econd con&s;ideration will be, <HI>Of what Per|&s;ons delegated or Commi&s;sioned, this Court con&s;i&s;teth?</HI> The pretended Act. 26. <HI>March</HI> 1650. names 25. Commi&s;|&s;ioners, all which (for their better credit) it enacteth E&s;quires, among&s;t whom are 4. or 5. that have pro|fe&s;&s;ed the Law, (as farre as wearing a Lawyers Gown comes to) but were better known by their lei&s;ure then by their Law; untill by adhering to our pre|vailing Schi&s;maticks, in &s;ubverting our Laws, they &s;eem to be eminent Lawyers. Of <HI>Keeble</HI> &s;ee the Triall of L. Collonel <HI>John Lilburn,</HI> fir&s;t and &s;econd Part. <HI>Steel</HI> cited expired Statutes at <HI>Winche&s;ter</HI> again&s;t Cap|tain <HI>Burley.</HI> The re&s;t are (for the mo&s;t part) poor ignorant Trades men, &s;ome &s;o young they are but lately out of their Apprenti&s;hips, others Broken Trades-men that have compounded with their Cre|diturs, &s;ome of vild and ba&s;e profe&s;&s;ions; One or two of the&s;e Wolvi&s;h Saints (I hear) have with &s;ome difficulty e&s;caped the Gallowes for Man-&s;laying: <HI>Wil|liam Wibeard</HI> E&s;quier is a Rope-&s;eller: this employment may happily help him to the Hangmans Cu&s;tom. <HI>William Pemoier</HI> E&s;quire was heretofore an Ape-car|rier, Cherry-lickom or Mountredinctido. <HI>Cook</HI> a Vintner at the Bear at the Bridge-foot, he keeps a vaulting-School for our &s;anctified Grandees, and their Ladies of the Game. If the Hou&s;e of Commons had power to make Judges (which I have di&s;proved) yet, <HI>Ex quovis ligno non fit Mercurius.</HI> They mu&s;t name &s;uch Per&s;ons as may be competent Judges. And therefore
<PB N="26" REF="253"> mu&s;t not choo&s;e. 1. Ignorant men. 2. Nor &s;uch as the Law calls, <HI>Viles Per&s;onas,</HI> men ba&s;e or con|temptible for their Per&s;ons or Sordide callings; Mechanicks of the lowe&s;t rank. 3. Per&s;ons of Scandalous life and conver&s;ations. 4. Not Banque|routs and Indigent Per&s;ons. <HI>Nece&s;sitas cogit ad turpia.</HI> 5. Not partiall and preingaged Per&s;ons, cho&s;en to &s;uppre&s;&s;e another party. As the&s;e Commi&s;&s;ioners are engaged to the pre&s;ent power to &s;uppre&s;&s;e all others. 6. Nor <HI>&s;uch as Schi&s;matically or Heretically affected, are &s;ea&s;oned with &s;uch Doctrines and Principles, as neither agree with the Duties of a good Chri&s;tian, a good Common-wealths man, nor a good Judge.</HI> Which two la&s;t Objections not only the&s;e Commi&s;&s;ioners, but the pretended Parlia|ment that commi&s;&s;ioned them are apparently guilty of, as being all of the Independent Faction con&s;piring to rob and rout out all other Parties: Royalli&s;ts, Presbyteri|ans and Levellers: For which purpo&s;e this New Tri|bunall or Inqui&s;ition is &s;et up. <HI>Independency being a meer complication and Syncreti&s;mus, or rather a Sink and Com|mon Sewer of all Errours, Here&s;ies, Bla&s;phemies, and Schi&s;mes, (though they peevi&s;hly differ in &s;ome incon&s;idera|ble Tenents) yet having one Generall End or &s;cope at which they all chiefly aime</HI> (viz.) <HI>power, preferment, profit, and the &s;uppre&s;sion of the Truth and Magistracy, they have likewi&s;e &s;ome common principles to &s;oader them together, which they u&s;e as a Meanes conducing to that Generall End.</HI> Some few whereof I will here &s;et down for my Readers &s;ati&s;|faction. 1. <HI>To tollerate no King nor Magi&s;trate Superior to them&s;elves,</HI> as Being a Tyranny or Bondage over the Chri&s;tian Liberty of the Saints and Kingdom of Chri&s;t. Becau&s;e they know no Chri&s;tian Magi&s;trate can tol|lerate them, being (by the <HI>Genius</HI> of their Sect)
<PB N="27" REF="253"> enemies to all Civil Societies, whether Monarchi|call, Ari&s;tocraticall, Democraticall or Mixed; as the Kingdom of England was before the&s;e men de|&s;troyed it. Be&s;ides their common Doctrine, <HI>That they are appointed to break the powers of the Earth to pieces, To levell the hils and fill up the vallies, That they are called, To brui&s;e the Nations with a rod of Iron, and break them in pieces like a Potters ve&s;&s;ell:</HI> Which they have done in <HI>England,</HI> and threaten the like in <HI>France, Germany,</HI> &amp;c. whereof, their Pulpits and di&s;cour&s;es &s;ound. Ob&s;erve <HI>their Practi&s;es in the Low Countries.</HI> Where having by their &s;pies and Emi&s;&s;aries, found out &s;ome Burgers of the &s;ame humour with them&s;elves; They propagated their Doctrine &s;o far; as to endeavour to &s;trike the Ari&s;tocraticall Members out of that Common-wealth by abetting &s;ome of the States Provinciall to le&s;&s;en (and &s;o to aboli&s;h by degrees) The Lords States Generall (the Optimates of that State) To ruine the Prince of <HI>Orange,</HI> to who&s;e Family they owe their Liberty; <HI>To di&s;&s;olve the Generall Union of the &s;aid United Provinces, and &s;o take in pieces the whole Frame of that Republick.</HI> To &s;ay nothing of their In&s;olencies in fighting and killing their men, becau&s;e the Belgike Li|on will not &s;trike &s;aile to their Cro&s;&s;e and Harpe; and in blowing up the Antelope in Helver&s;luce: Which &s;hews what good Neighbours <HI>Holland,</HI> and other Parts, are like to have of the New State of <HI>England</HI> and <HI>Ireland</HI> (when they have made them&s;elves intire by the purcha&s;e of <HI>Scotland</HI>) that is born (like our Engli&s;h <HI>Richard</HI> III.) with Teeth in its head; and &s;nappeth at its Neighbours before it be out of its Swadling clouts. This is the cau&s;e that <HI>Cromwell,</HI> before he &s;et &s;aile for <HI>Ireland,</HI> cau&s;ed his Journey|men,
<PB N="28" REF="254"> the pretended Parliament. To pa&s;&s;e an Act for Tolleration of all Errors, Here&s;ies and Schi&s;mes, under the Notion of Liberty of Con&s;cience, and Ea&s;e for Ten|der Con&s;ciences. 2. Their &s;econd Principle is, <HI>That the Good things of this World belong onely to the Saints (that is; Them&s;elves) all others being u&s;urpers thereof: and therefore they may rob, plunder, &s;eque&s;ter, extort, cheat and confi&s;cate (by illegal Laws of their own making, by extrajudicial Courts and partial Judges of their own con&s;tituting) other mens goods and e&s;tates, upon as good Title as the Jews &s;poyled the Egyp|tians, or expelled the Canaanites.</HI> 3. Their third Principle. <HI>That the Spirit (which &s;anctifies and illuminates the&s;e men) in every particular man blowes when and where it will, &s;ome|times this way, &s;ometimes that way, often contrary waies: And therefore they can make no profe&s;sion of any certain Rule of Doctrine or Di&s;cipline, becau&s;e they know not which way the Spirit will in&s;pire.</HI> For this rea&s;on they are &s;till pulling down old and &s;etting up New Doctrines, as the <HI>Nomades</HI> do cottages, onely con&s;tant in uncon&s;tancy. They profe&s;&s;e their con&s;ciences are the Rule and Sym|boll both of their Faith and Doctrine, by this Leaden Lesbian Rule they interpret, and to this they con|form the Scriptures; not their Con&s;ciences to the Scri|ptures; &s;etting the Sun-Dyall by the clock; not the clock by the Sun-Dyall. That every man mu&s;t pray according to the Dictates of his Private Spirit; They reject the Lords Prayer, for fear of quenching the Spi|rit. <HI>When they break their Faith, Articles, Promi&s;es, Declarations and Covenant; they Alleage, the Spirit is the Author thereof.</HI> When <HI>Cromwell</HI> (contrary to his vowes and Prote&s;tations made to the King) kept him clo&s;e Pri&s;oner in Carisbrook Ca&s;tle; He affirm|ed <HI>the Spirit would not let him keep his word.</HI> When,
<PB N="29" REF="254"> contrary to the Publick Faith, they Murdered Him: they pretended: <HI>They could not re&s;i&s;t the Motions of the Spirit. Sua cuique Deus fit dira libido.</HI> This Hobgoblin &s;erves all turnes. 4. Their fourth Principle is, <HI>That they may commit any &s;in, and retain their Sanctity in the very Act of &s;inning: For what is &s;infull in other men, is not &s;o in the Saints; who may commit any crime again&s;t the Law of God, and yet it cannot be imputed to them for &s;in;</HI> Becau&s;e they know in their Con&s;ciences what they do. So ten|der and delicate are their Con&s;ciences, That <HI>they are ca|pable of any Offence again&s;t their Neighbour, without breach of Ju&s;tice or Charity.</HI> A righteous man is a Law to him|&s;elf. 5. Their fift Principle is, <HI>That</HI> 7. <HI>make a Church: al|though men, women and children, and that this Church is In|dependent upon any other.</HI> The <HI>Anabaptists</HI> (though they neither profe&s;&s;e to follow <HI>Paul</HI> nor <HI>Cephas</HI>) yet declare them&s;elves to be &s;ome of <HI>Cromwells</HI> Church, &s;ome of <HI>John Goodwins,</HI> &s;ome of <HI>Kiffins,</HI> &s;ome of <HI>Patiences,</HI> and &s;ome of <HI>Carters</HI> Church. 6. Their &s;ixt Independent Prin|ciple is. <HI>That if a man be que&s;tioned for any crime, though his Judges have neither competent witne&s;&s;es, proofs nor Evidence of his guiltine&s;&s;e, yet if they think in their Con&s;ciences he his guilty; they may condemn him out of the Testimony of their own Private Con&s;ciences.</HI> Is it not fit men &s;o Principled &s;hould be Judges and Jury too; and condemn men by in|&s;piration? So Colonel <HI>Andrews</HI> and Sir <HI>John Gell</HI> were condemned; for <HI>Bernard</HI> and <HI>Pits</HI> (witne&s;&s;es again&s;t them) were apparently &s;uborned by <HI>Brad&s;haw</HI> and Sir <HI>Henry Mildmay</HI> again&s;t them, and for&s;worn in the &s;ame cau&s;e; and good proof offered to the Court, that they were both Flagitious men, of &s;can|dalous life and conver&s;ation. The letter (&s;uppo&s;ed to be &s;ent by <HI>Andrews</HI> to <HI>Gell</HI>) was delivered to
<PB N="30" REF="255"> <HI>Brad&s;haw,</HI> whereof <HI>Brad&s;haw</HI> &s;ent a Copy onely to <HI>Gell</HI> at 10. of the clock at night; and had a war|rant then ready to arre&s;t <HI>Gell,</HI> which was done earely next morning before he could conveniently di&s;cover it: Yet was <HI>Gell</HI> &s;entenced for Mi&s;pri&s;ion of High Trea&s;on. See Sir <HI>John Gells</HI> ca&s;e &s;tated <HI>Augu&s;t,</HI> 1650. with Colonel <HI>Andrews</HI> Atte&s;tation (in his behalf) under his hand a little before his death. And though Sir <HI>John</HI> was Impeached and Mr. Atturney pro&s;ecuted him onely for Mi&s;pri&s;ion; yet had he much ado to keep that bloud-thir&s;ty, old cur <HI>Keeble</HI> from taking a leap at his throat, and giving Judgement again&s;t him for High Trea&s;on. So for want of Law Sir <HI>John</HI> had like to be hanged by In&s;piration and In&s;tinct of the Spirit. He that will &s;ee more of the Independent Tenets, Let him read <HI>Cl. Salma&s;ius</HI> chapter 10. <HI>Defen&s;ionis Regiae, Elenchus Motuum nuperorum in Anglia.</HI> And the Hi&s;tory of Independency fir&s;t and &s;econd part. The&s;e 6. I have &s;elected, that by comparing their Doctrine with their daily Practi&s;e, the Reader may perceive what pious Chri&s;tians, good Patriots, and upright Judges, the&s;e engaged, Independent Commi&s;&s;ioners of the High Court of Ju&s;tice are like to prove. The builders of this New Common-wealth or Babel, hold forth to the People, Ju&s;tice and Liberty, as their Motto: as if tho&s;e excellent gifts had never received their birth, nor been &s;o much as &s;hewen to the People untill they murdered the King, and &s;tepped into his Throne. But how righteous a <HI>Free-State</HI> or Common-wealth is this like to be? And how well are the People therein likely to be in&s;tructed in the waies of Righteou&s;ne&s;&s;e, Ju&s;tice and Charity, and improved in good life and conver&s;ation, by men &s;o principled as afore&s;aid, Let
<PB N="31" REF="255"> the world judge. E&s;pecially when they ob&s;erve, That our New Stati&s;ts have enacted in the &s;aid pretended Act. 2. <HI>January,</HI> 1649. enjoyning the Engagement, That who&s;oever will promi&s;e Truth and fidelity to them by &s;ub&s;cribing the Engagement may deal fal&s;ely and fraudulently with all the world be&s;ides. And break all Bonds, A&s;&s;urances and Contracts made with Non-engagers, concerning their E&s;tates; and pay their Debts by pleading in Bar of all Actions, That the complaint hath not taken the Engagement: This is to rob the Egyptians of the good things of this world, This is to break their Faith by the Motions of the Spirit, This is to cheat and rob their Neigh|bours without breach of Charity or Ju&s;tice, and without imputation of Sin according to their afore&s;aid Te|nets.</P>
<P N="3">3. I am come now to con&s;ider in the third place, <HI>The way and Manner of their proceedings;</HI> How con&s;onant they are to the u&s;uall proceedings of our known Lawes, and Legall Courts of Judicature; (the be&s;t Inheritance of all Freemen) whereof &s;ee Colonel <HI>Andrews</HI> 3. An&s;wers in his Defence given into the &s;aid High Court, herewith printed.</P>
<P N="1">1. The fir&s;t cour&s;e they commonly take is; To break open mens Hou&s;es, Studies, Che&s;ts, &amp;c. and &s;ei&s;e their Papers; and thereby hunt for Matter of Charge again&s;t them: And then to examine them again&s;t them&s;elves, upon the &s;aid Papers, contrary to <HI>Magna Charta</HI> which &s;aith, <HI>Nemo tenetur prodere &s;e|ip&s;um.</HI> And contrary to the Doctrine of Chri&s;tianity, which forbids a man to de&s;troy his own life, or be, <HI>Felo de &s;e,</HI> as many men unwittingly do, who an&s;wer to captious, en&s;naring que&s;tions. When that tempting
<PB N="32" REF="256"> que&s;tion was put to Chri&s;t; <HI>Art thou the King of the Jews?</HI> He returned no other An&s;wer then <HI>Thou &s;ayest it: Why aske&s;t thou me?</HI> Ask them <HI>that heard me,</HI> That is, Ask witne&s;&s;es. It was objected again&s;t the Oath <HI>ex Officio,</HI> That it was High Inju&s;tice to examine a man again&s;t him|&s;elf: Becau&s;e his An&s;wers may only &s;erve to condemn, but not to acquit him.</P>
<P N="2">2. They u&s;ually break open hou&s;es with Souldiers, at all houres of the night, pulling men out of their beds with great violence and Terrour, and &s;o carry them away, un|der pretence whereof Robberies and Murders have been committed, Whereas by the Stat. 1. Ed. VI. chap. 12. and 5. and 6. Ed. VI. chap. 11. A man ought not to be accu&s;ed of High Trea&s;on but to one of the Kings Coun|&s;el; or to one of the Kings Ju&s;tices of the A&s;&s;ize; or to one of the Kings Ju&s;tices of the Peace being of the <HI>Quo|rum:</HI> or to 2. Ju&s;tices of the Peace where the Offence is committed. <HI>Cooks</HI> 3. <HI>In&s;tit. chap.</HI> High Trea&s;on, <HI>pag.</HI> 26. 27, 28.</P>
<P N="3">3. They Commit men to Pri&s;on without any Accu|&s;ation or Accu&s;or made known, and during plea&s;ure: and detain them in Pri&s;on many yeares together with|out any Legall proceedings or Charge again&s;t them; &s;haring their E&s;tates, Offices and Revenues (by Se|que&s;trations and Su&s;pen&s;ions of the Profits) among&s;t them&s;elves; without any Crime objected: And &s;o leave them to &s;tarve, rot and dye in na&s;ty Gaoles for want of Maintenance, under the cruelty of covetous and mercile&s;&s;e Gaolers, whom they bear out (for mony) in all their Extortions. And being thus im|pri&s;oned and wounded with the di&s;plea&s;ure of the State, no man dares adventure, upon any &s;ecurity, to lend him money for fear of incurring the disfavour
<PB N="33" REF="256"> of the State, and a Note of Malignancy,<NOTE PLACE="marg">Witne&s;s about 3000. Scotti&s;h Pri&s;oners of War &s;tarved to death at Durham: where they eate one ano|ther for hun|ger. The&s;e were taken at the battle of Dunbar on. 1650. 3. Sept. and many hundred Pri|&s;oners have been murde|red in Gaoles, with hunger, cold, na&s;tine&s;s and contagi|on, after they have been robbed of their E&s;tates and no Crime laid to their Charge: this is become a daily practi&s;e.</NOTE> whereby their Pri&s;ons are become private Slaughter-hou&s;es, as well as their Courts Publick &s;hambles of Inju&s;tice. Pri|&s;oners in the Tower of London (To which pri&s;on no Goale-delivery belongs) were alwaies wont in the time of <HI>(that &s;uppo&s;ed Tyrant)</HI> King Charles I. and his Predece&s;&s;ors, to have allowance from the King, ac|cording to their &s;everall degrees; As 5 l. a weeke for an E&s;quire, &amp;c. although the King deprived them of no part of their E&s;tates untill conviction, and this Maintenance was provided for them by the Lieu|tenant of the Tower; and in re&s;pect of his care and paines in procuring it he had Fees, and not otherwi&s;e, though now they continue and encrea&s;e the &s;aid Fees; the cau&s;e being taken away the effect cea&s;eth not. But the&s;e men now in power, after they have Committed men and robbed them of their E&s;tates, without cau&s;e &s;hewen, are &s;o far from giving them any allowance to feed them; that they &s;hut them up clo&s;e Pri&s;oners in unwhol&s;ome Chambers, denying them the Liberty of the Tower, and the benefit of fre&s;h Aire (the Cameleons Diet) for their health, and re&s;ort of friends, for their accommodation. And that they may be &s;ure to <HI>deprive them of all legall meanes by</HI> habeas corpus <HI>to recover their liberties;</HI> They Commit men by <HI>illegall warrants</HI> not expre&s;&s;ing any particular Offence or cau&s;e for their Commitment: &s;o that it is impo&s;&s;ible for the keeper of the pri&s;on to obey the <HI>habeas corpus,</HI> which is directed to him in the&s;e words: <HI>Praecipimus tibi quod corpus A. B. un&acirc; cum cau&s;a detentionis &s;uae, habeas coram nobis, &amp;c. ad recipiendum ea quae curia no&s;tra, &amp;c.</HI> Whereupon the Gaoler or Sheriff is to bring his Pri&s;oner to the Bar, and tender his <HI>mittimus</HI> to the Court,
<PB N="34" REF="257"> &s;hewing the particular cau&s;e of his Impri&s;onment, that the Court may judge whether it be Legall, or no. <HI>Dolo|&s;us ver&s;atur in Generalibus.</HI> In the Acts of the Apo&s;tles, chap. 25. ver&s;. 26, 27. <HI>Fe&s;tus</HI> thought it unrea&s;onable to &s;end <HI>Paul</HI> a pri&s;oner to <HI>Ce&s;ar</HI> (to whom he had appealed) and not withall to &s;ignifie the Crimes laid to his Charge. See Cooks 2. In&s;tit. fol. 591.</P>
<P N="4">4. Their u&s;uall Cour&s;e of <HI>practi&s;ing and &s;uborning witne&s;&s;es, tempting them with hopes and terrifying them with fears,</HI> is &s;o notorious; That it is known the Coun&s;ell of State have hundreds of <HI>Spies and Intelligencers, Affi|davit-men and Knights of the Po&s;t,</HI> &s;warming over all England as Lice and Frogs did in Egypt: and have both <HI>Pen&s;ions and &s;et rates for every Pole brought in: So that now the whole Nation is pro&s;cribed, and every mans head &s;et to &s;ale,</HI> and made a &s;taple commodity, (far beyond the definite Pro&s;criptions of <HI>Silla</HI> and the <HI>Triumvirate</HI> a|fore&s;aid) The&s;e Sons of <HI>Belial</HI> are &s;ent forth to com|pa&s;&s;e the earth &s;eeking whom they may devour. The&s;e, (with the Liberty of Priviledged Spies) &s;peak bold language to draw other men into danger: and plot con&s;piracies, which them&s;elves de|tect, and are rewarded like Decoy Duckes for their paines. Of this &s;ort are <HI>Bernard</HI> and <HI>Pits</HI> &s;et no work to betray <HI>Gell</HI> and <HI>Andrewes,</HI> as afore&s;aid. For which <HI>Bernard</HI> had 300 l. and a Troop of hor&s;e conferred upon him. <HI>John&s;on</HI> that fal&s;ly accu&s;ed Sir <HI>Robert Sherly,</HI> and <HI>Colonel Egerton</HI> for their charity in relieving his wants, is another; <HI>Varney</HI> is a Fourth. So well are they fitted with the&s;e Sonnes of <HI>Belial,</HI> that no <HI>Naboth</HI> can keep his Vineyard, if a Grandee ca&s;t a covetous eye upon it; they can prove what they li&s;t. Nay it is u&s;uall for our Grandees to mole&s;t one man with
<PB N="35" REF="257"> examining him 20. or 30. &s;everall times, again&s;t one Pri&s;oner, and upon one point, to di&s;tract his memory, and not to let him be quiet untill he perceive he mu&s;t &s;peak what their que&s;tions and di&s;cour&s;es lead him to, to redeem him&s;elf from vexation. To &s;ay no|thing of their Menaces, To torture men if they will not confe&s;s, what they impudently pretend is already di&s;|covered by other meanes: And their in&s;inuating into the Affections of witne&s;&s;es, by asking them, Whether the State doth not owe them money? And why they do not u&s;e fitting meanes and opportunities to recover it? And why they do not make meanes for &s;ome beneficiall em|ployment?</P>
<P N="5">5. <HI>In Magna Charta,</HI> chap. 29. it is enacted, <HI>That no Freeman &s;hall be taken or impri&s;oned; or be di&s;&s;ei&s;ed of his Free-hold or Liberties or Free-Cu&s;tomes, or be outlawed or exiled, or any otherwi&s;e de&s;troyed;</HI> nor <HI>we will not pa&s;&s;e upon him or condemn him, but by lawfull Judgement of his Peers, or by the Law of the Land. We will &s;ell to no man, we will not deny or defer to any man, Ju&s;tice or Right.</HI> See Sta|tute 2. Edward III. chap. 8. 5. Ed. III. chap. 9. 14. Ed. III. chap. 14. 25. Ed. III. chap. 4. 11. R. II. chap. 10. Pet. of Right. 3. Car. 1. 10. Edward IV. fol. 6. Dier folio 104. Cook lib. 5. folio 6. lib. 10. folio 74. lib. 11. folio 99. Regi&s;t. folio 86. Where note the word <HI>(Peers)</HI> &s;ignifies, that no man is to be condemned or de&s;troyed, but by the lawfull verdict of a <HI>Jury of</HI> 12. <HI>&s;worn men of the Neighbourhood</HI> where the Fact was committed; becau&s;e (in probability) Neighbours may have be&s;t cogni&s;ance of the Fact, and of the life and conver&s;ation of the Party Accu&s;ed. And the&s;e only are <HI>Competent Judges of Matter of Fact;</HI> and in ma|ny ca&s;es of Matter of Law too, if they will take the
<PB N="36" REF="258"> knowledge of the Law upon them. Neither can this Petty Jury of 12. men go upon the Pri&s;oner unle&s;&s;e a <HI>Bill of Enditement</HI> containing the whole Matter of charge be fir&s;t found in open Court by a Grande Jury or Enque&s;t of &s;worn men; who are to enquire of the Fact upon the Oathes of two lawfull witne&s;&s;es (at lea&s;t) to every materiall Point of the Enditement: and then, when the Grande Enque&s;t are all agreed, the Foreman endor&s;eth upon the back of the Bill <HI>(Billa vera)</HI> and then pre&s;ents it in open Court, as the In|formation for the King of the whole Enque&s;te: otherwi&s;e the Enditement is qua&s;ht, and null. Cookes 3. In&s;tit. chapter High Trea&s;on and Petty Trea&s;on. And whereas the Statute &s;aith, (but by his Peeres. or by the Law of the Land) <HI>Lex Terrae,</HI> &s;ignifies, The Antient Cu&s;tomes of the Land; Among&s;t which Fundamentall Cu&s;tomes; Trialls by Juries hold a principall place. And <HI>when the King Charles I. accu&s;ed this Parliament, That they di&s;po&s;ed of the Subjects Lives and Fortunes by their votes, contrary to the known Laws of the Land, This Parliament in their Remon&s;trance, Sept.</HI> 1642. (1. Part of the Book of Declarations fol. 6 9 3. <HI>highly re&s;ented it.</HI> And <HI>Magna Charta</HI> being nothing el&s;e but an Affirmation of the Common Law, in&s;erted this Clau&s;e <HI>(or by the Law of the Land)</HI> as a &s;peciall caution, not to annihilate or fru&s;trate (no; not &s;o much as tacitely, or by preterition) any of the &s;aid Fundamentall Lawes or Cu&s;tomes; nor any other particular lawfull Cu&s;tomes, which are not one and the &s;ame in all parts of England: Witne&s;&s;e the Cu&s;tom of <HI>Gavelkind</HI> in Kent. I have told you what our known antient Legal Courts of Ju&s;tice do. And I mu&s;t tell you that <HI>Legal formes and &s;et Modes of proceedings are
<PB N="37" REF="258"> &s;o e&s;&s;entiall unto Ju&s;tice, that without them we can not mea|&s;ure the Rectitude of Obliquity of Ju&s;tice or Inju&s;tice:</HI> where they do not chalk forth the way, both Judges, Lawyers, Officers and Atturneys will tread what &s;ubtle, ob&s;cure pathes they plea&s;e, u&s;urp an Arbitrary power and la|titude to prevaricate; and &s;o far corrupt and work the Law of their &s;en&s;e, that they will rather <HI>Leges da|re,</HI> then <HI>Leges dicere,</HI> &s;o that what is Law in one mans ca&s;e, &s;hall not be &s;o in another mans, They will &s;o intricate and intangle cau&s;es; that every ca&s;e &s;hall be <HI>Ca&s;us pro amico;</HI> as Civilians call it; when upon full hea|ring, The Merits of the cau&s;e appear &s;o equall, and undi&s;tingui&s;hable on both parties; that the Judge may (according to his di&s;cretion) look upon the Merits of the Per&s;ons onely: and give the cau&s;e; <HI>Pauperiori, vi&acirc; Charitatis,</HI> or <HI>digniori, ratione virtutis. Ju&s;tice not fixed by Formalities, will become &s;uch a vagrant, that no man &s;hall know where to find her.</HI> Let us now &s;ee what our new &s;ham|bles, our up&s;tart High Court doth. Which in this work of Reformation and De&s;truction, &s;o much abhorres Super&s;tition and Ceremonies, and &s;ticks &s;o clo&s;e to a Summary way of proceeding, that they have not onely &s;tripped, but flead her: as their Ma&s;ters the Par|liament not onely fleece but flea the People. In lieu of a Bill of pre&s;entment, by a Grande Enque&s;t, the pretended Parliament or Coun&s;ell of State, &s;end <HI>a Li&s;t of &s;uch Per&s;ons names,</HI> as they have pro&s;cribed, And &s;et a <HI>Nigrum Theta</HI> upon, (as men dangerous to their de&s;igned intere&s;t) to the Ma&s;ters of their Slaughter-hou&s;e, The &s;aid High Court, together with &s;uch De|po&s;itions as they have taken in corners, again&s;t the Pri&s;oners: and this is &s;uch a forejudging of them that the &s;aid Court neither will nor dare acquite, whom
<PB N="38" REF="259"> their Ma&s;ters and Pay-Ma&s;ters have precondemned. Next <HI>Articles of Impeachment in nature of a charge</HI> are drawn up again&s;t the Pri&s;oner (although &s;uch Arti|cles are nothing in Law, which regards onely a Bill of Inditement) Then the Pri&s;oner (after a clo&s;e Impri&s;on|ment for he knows not what) upon two daies warn|ing is led to the Bar; where the fir&s;t work is to dazle his eyes, amaze and di&s;tract his Judgement and Memory with the terror of their Souldiers, the Nu|merou&s;ne&s;&s;e, high affronting words and looks of his Judges; having thus mortified the Pri&s;oner, he is com|manded to hear his charge read: and bid <HI>plead to it, Guilty, or not Guilty.</HI> If he own their Juri&s;diction and plead the &s;aid Generall Plea, they have him where they would have him: they never ask him; how he will be tried, Whether by God and his Coun|try? For God hath no hand in the&s;e proceedings, nor among&s;t &s;uch Judges: and this rod of Iron is provided to brui&s;e his Country, as well as him&s;elf. Lieutenant <HI>Col|lonel Lilbornes</HI> Trial hath taught them That it is an ea&s;ier Matter for them to pack a Butcher-Rowe of confi|ding, partiall Judges, then a Jury; who are liable to be challenged, if &s;u&s;pected of partiality. When <HI>Col|lonel Andrewes</HI> claimed to be tried legally as a Free|man by a Jury, and vouched Great Charter, and ma|ny other Statutes, (whereof &s;ee his afore&s;aid 3. An|&s;wers) that &s;neaking Bloud-&s;ucker, illiterate <HI>Keeble</HI> an&s;wered, Tho&s;e Statutes were out of date now, (meaning, They were taken away by conque&s;t.) <HI>So that this Shamble Rowe of Judges, take upon them to be, both Judges of the Law, (without acknowledging the Fundamentall Lawes of the Land, or taking any Oath of Indifferency to the People) Triors of the Fact, or
<PB N="39" REF="259"> Jurates of life and death (without being &s;worn to find accor|ding to Evidence) as well as Parties and Pro&s;ecutors.</HI> Theeves upon the high way may as ju&s;tly arraign a True man before them, becau&s;e he brought no more Mony in his pur&s;e, offered to draw his &s;word and hid his mony about him in contempt of their Juri&s;diction and Au|thority; and condemn him upon &s;uch a Mock Triall and Mummery or Enterlude of Ju&s;tice, as the&s;e Fellows. <HI>If they allow him Coun&s;el,</HI> his Coun&s;el mu&s;t apprehend the mindes of his Judges, at his perill; and not be &s;o faithfull and diligent as to help his client in earne&s;t; Le&s;t the Coun&s;el of State, or &s;ome other power (who&s;e will is a Law) interpo&s;e, and bani&s;h him 20. miles from London; as they did Ma&s;ter <HI>Sprat,</HI> Sir <HI>John Gells</HI> Solicitor, before Sir <HI>Johns</HI> bu&s;ine&s;&s;e was ended; whereby Sir <HI>John</HI> was left de&s;titute of meanes to follow his bu|&s;ine&s;&s;e, him&s;elf being Clo&s;e Pri&s;oner. If they permit any <HI>witne&s;&s;e to &s;peak on the pri&s;oners part,</HI> He comes at his pe|rill: Sir <HI>John Gells</HI> fir&s;t witne&s;&s;e was &s;o baffled in Court, that the re&s;t &s;tole away and dur&s;t not appear. <HI>I have not heard whether they give any Copy of their Aricles of Im|peachment to the Pri&s;oner,</HI> (for they cover all their do|ings with &s;uch a Plaguy Egyptian Darkne&s;&s;e, that we cannot &s;ee a glimp&s;e of light) or whether they go a Starre Chamber way, and make him An&s;wer <HI>Ore tenus,</HI> and <HI>ex tempore</HI> for his life and E&s;tate. <HI>But if they give him any Copy, or any time to an&s;wer, it is not above four or five daies or a week, nor do they allow him Coun&s;ell or any o|ther Clearing of the way to his defence, untill he have en|&s;nared him&s;elf by owning their Juri&s;diction, and pleaded the Generall Plea, Not Guilty. If he pleade not an I&s;&s;uable Plea, and yield to their Juri&s;diction, quitting all benefit of the Law and Legall proceedings; the Razor is at his throat,
<PB N="40" REF="260"> they thir&s;t after his Bloud; and they pre&s;ently &s;entence him guilty of contumacy and take it</HI> pro confe&s;&s;o. <HI>And if he do &s;ubmit and plead: His plea will have the operation but of a P&s;alm of Mercy, prolonging his life but for a &s;hort time, in the interim</HI> Keeble <HI>and his Court plays with him as a Cat with a Mou&s;e, and then devours him. For no man is &s;ent to this Court to be Tried, but to be condemned. In hac arena dimicatur &s;ine mi&s;sione.</HI> Herein they &s;hew them&s;elves much more Ty|rannous and bloudy then the Duke <HI>D' Alva</HI> when he e|rected his &s;aid Coun&s;el of Troubles, called <HI>Concilium Sanguinis,</HI> or the Bloudy conventicle; as this will &s;hortly be. For &s;aith Strada Declar. 1. lib. 7. <HI>Procurator reginus men&s;es</HI> 4. <HI>Conficiendae Accu&s;ationi accipiens &s;ibi;</HI> 5. <HI>Concede|bat ad Defen&s;ionem regis (Egmontio, Hornano, &amp;c.)</HI> The Kings Atturney took 4. Moneths time to draw up the charge or accu&s;ation, and gave 5. Months time to the Re&s;pondents to make their defence. And had he given le&s;s then 5. Moneths time, To In&s;truct Coun&s;el, Pen their An&s;wers, produce and &s;ummon wite&s;&s;es, inquire into the lives and conver&s;ation of their Accu&s;ors, his feet had been &s;wift to &s;hed bloud. <HI>Nulla unquam de morte hominis cunctatio longa e&s;t,</HI> But our Inqui&s;itors take whole yeares to them&s;elves to hunt for Matter of Accu&s;ati|on, and hire and engage witne&s;&s;es again&s;t men kept in ignorance and want with clo&s;e Impri&s;onment: and al|low not them &s;o many daies to make their Defence. <HI>All manner of Accu&s;ors and witne&s;&s;es, though apparently &s;uborned and for&s;worn in the &s;ame cau&s;e, and proofes with|out exceptions offered to the Court that they are of infa|mous life and conver&s;ation, are in this Court (the Object of who&s;e de&s;ires are Bloud and Confi&s;cations, not Ju|&s;tice) lawfull witne&s;&s;es,</HI> &s;uch witne&s;&s;es were the &s;aid <HI>Ber|nard</HI> and <HI>Pits;</HI> Mon&s;ters of men. See Sir <HI>John Gells</HI>
<PB N="41" REF="260"> ca&s;e &s;tated: Printed about Augu&s;t, 1650. <HI>To cite any anti|ent known Laws or Statutes, or any other then their own new coined Acts, pa&s;&s;ed by this</HI> 8th. <HI>Parts of a Hou&s;e of Com|mons, (&s;ince they became elect Members cho&s;en by</HI> Thomas Pride) <HI>is to incur the High Indignation of the Court, ex|pre&s;&s;ed abundantly in their words and looks. But to put them in mind of the Parliaments many Declarations, To maintain the antient known Laws, Liberties and Properties of the People, is to &s;candall the pre&s;ent Government and incur the Cen&s;ure of that unknown My&s;terious Crime which knaves call Malignancy.</HI> The witne&s;&s;es and Judges being thus irrefragable; the fir&s;t may &s;wear what they will, the &s;econd may judge what they will, &s;ince they are left at large and have all things <HI>in &s;crinio pectoris:</HI> and Book Law mu&s;t give place to Bench Law, <HI>The Juri&s;|diction and Authority of this New unparalled Court is &s;uch a Mistery of iniquity, &s;o un&s;crutable and unquestionable,</HI> that if a Pri&s;oner &s;cruple (in the lea&s;t) either it, or any of the uncouth proceedings of it, it is a Mortall Sinne to him; and he is pre&s;ently interrupted,<NOTE PLACE="marg">See the Trial of King Char. I. in the Hi|&s;tory of Inde|pendency 2. Part. pag. 91. &amp;c.</NOTE> and af|fronted both with di&s;dainfull words and looks, And told, <HI>We are &s;atisfied with our Authority that are your Judges,</HI> (So are Theeves upon the high way &s;atisfied with their Authority that rob and murder us by Gods Providence and permi&s;&s;ion.) <HI>It is upon Gods Authority and the Kingdoms</HI> (yet what they do is again&s;t the will of God revealed in his Scriptures: and again&s;t the known e&s;tabli&s;hed Lawes, Statutes and continuall Practi&s;e of the Kingdom:) <HI>Which Authority commands you in the name of the People of England to an&s;wer them.</HI> (Yet at lea&s;t) 9. Parts of 10. of the People &s;o much abhor the&s;e and other their Practi&s;es, that every mans mouth &s;peakes again&s;t them with bitter cur&s;es and reproaches,
<PB N="42" REF="261"> to re&s;train which they have minted Acts of New Trea&s;ons, to make men Offenders, nay Traitors, even for bare words; and erected this bloudy, illegall Theater, The High Court (&s;o called, for its High Inju&s;tice) as a Spani&s;h Inqui&s;ition over them, and every mans hand would be about their eares, did they not keep an Army of Jani&s;aries to &s;uppre&s;&s;e them.) <HI>Their Authority they do avow to the whole World, that the whole Kingdom are to re&s;t &s;atisfied therewith.</HI> (You &s;ee here a Whip and a Bell provided to keep the whole King|dom in awe: the declared Supreme power of their So|veraign Lord the People, mu&s;t re&s;ign their known Lawes to their Tru&s;tees, their Repre&s;entatives in Parliament, and take New Lawes from their Arbi|trary votes, or woe to be to their Necks and Shoulders.) <HI>I must interrupt you, what you do is not agreeable to the Pro|ceedings of any Court of Ju&s;tice. You are about to enter into Argument and di&s;pute concerning the Authority of this Court: before whom you appear as a Pri&s;oner; you may not di&s;pute the Authority of this Court: nor will any Court give way to it, you are to &s;ubmit to it.</HI> (It is not &s;afe to confute a lie told with Authority. Yet if a man be Endited of Trea&s;on or Felony in the Court of Common Pleas, a man may Demur to and di&s;pute the Juri&s;diction of that Court; becau&s;e it is not in Criminall Cau&s;es, <HI>Compe|tens Forum;</HI> nor the Judges Competent Judges: every man, and every cau&s;e mu&s;t be tried <HI>Suo Foro, non Alie|no.</HI> So if a Peer be arraigned in the Kings Bench. And for this up&s;tart, unpre&s;idented High Court; it is no Court of Judicature at all; as being erected with|out lawfull Authority; Con&s;i&s;ting of Incompetent Judges: no Records belonging to it: and tending to di&s;inherit, and disfranchi&s;e all the People of Eng|land,
<PB N="43" REF="261"> and to murder them.) <HI>You may not di&s;pute the Juri&s;|diction of the Supreme and Highe&s;t Authority of England, from which there is no Appeal, The votes of the Commons of England a&s;&s;embled in Parliament is the Rea&s;on of the King|dom.</HI> (Oh Bruti&s;h, irrationall Kigdom! Where 40. or 50. Anabapti&s;ticall Members, the Dregs and lees of the Hou&s;e of Commons, after all the be&s;t and &s;ince|re&s;t (7. Parts of 8.) had been racked and purged out at the Bunghole by <HI>Cromwell the Bruer</HI> and <HI>Pride</HI> his <HI>Dray|man</HI> &s;hall be called the Rea&s;on and Law of the Land. This confirmes the truth of what King Charles I. Objected to the Parliament (whereof I have formerly &s;poken) <HI>That they di&s;po&s;ed of the Subjects Lives and For|tunes, by their own Votes, again&s;t the known Lawes of the Land.</HI> But that there &s;hould be no Appeal to their declared Soveraign Lord the People, from their &s;ubordinate Tru&s;tees in Parliament is wonderfull; Con&s;idering that in all Governments the la&s;t Appeal is ever the Highe&s;t and mo&s;t Ab&s;olute power. But it may be they will be the Peoples Tru&s;tees in &s;pight of their Teeth, and by the power of the Sword; and &s;o free them&s;elves from rendring any account of their Steward&s;hip. <HI>You may not demu<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">re to the Juri&s;diction of the Court. If you do, they let you know, that they over|rule your Demurrer, and affirm their own Juri&s;diction. Rea&s;on is not to be heard again&s;t the Highe&s;t Juri&s;diction, the Commons of Engl. make a direct and po&s;itive An&s;wer, either by denying or confe&s;sing, and put in immediately an i&s;&s;uable Plea,</HI> Guilty, <HI>or</HI> Not Guilty <HI>of the Charge, or we will record your Default and Contumacy, and by an implicite confe&s;sion take you Guilty</HI> proconfe&s;&s;o, <HI>and immediately give Judgement again&s;t you.</HI> This (as I told you before) is it that blanches the Deer into the Toile, But God deliver us from that
<PB N="44" REF="262"> Juri&s;diction that is too high to hear Rea&s;on: and that o|verrules Demurrers before they be heard.) I have told you as much of the proceedings of this Court as the No|velty, Ob&s;curity, Uncertainty and confu&s;ion thereof will give me leave. Let me now (by way of overplus) give you the great dangers and Slavery that will befall all &s;orts of People if they tamely and cowardly &s;uffer them|&s;elves to be deprived of their antient, Legall Trialls by Enditement and Juries of the Neighbourhood: (then which the whole world cannot boa&s;t of a more equall way) and &s;uffer their Lives, Liberties, E&s;tates and Ho|nours to be &s;ubject to an Arbitrary, Extrajudiciall con|venticle of Bloud, <HI>(Cromwells New Slaughterhou&s;e)</HI> which hath neither Law, Ju&s;tice, Con&s;cience, Rea&s;on, Pre&s;i|&s;ident or Authority Divine or Humane, but onely the pretended Parliaments irrationall Votes and the Po|wer of the Sword to maintain it, which will prove a Cittadell over their Liberties, a Snare to their E&s;tates, a Deadfall to their Lives, and Scan|dall to their honors and Families, if not timely oppo|&s;ed.</P>
<P N="1">1. <HI>By the Law The Enditement mu&s;t &s;pecifie what the Trea&s;on is, and again&s;t what Per&s;on committed; As, again&s;t our Soveraign Lord the King, his Crown and Dignity.</HI> But in the &s;aid Articles of Impeachment, it is alleaged that the Trea&s;on is committed again&s;t the pre&s;ent Govern|ment; or, again&s;t the Keepers of the Libe<GAP DESC="illegible" EXTENT="1 letter">ties of Eng|land; but in this dead-water our turning Tide be|tween the old Regall, and this New, unknown Government; no man knows how to do, look or &s;peak for fear of contradicting the guilt of an Inter|pretative Trea&s;on, upon the &s;aid two Statutes for New Trea&s;ons, and before this boundle&s;s, lawle&s;s New
<PB N="45" REF="262"> Court. And <HI>to &s;ay that Trea&s;on is committed again&s;t a Go|vernment</HI> in ab&s;tracto <HI>is Non-&s;ence: it must be &s;aid that Trea&s;on is committed again&s;t the Governors</HI> in Concreto, <HI>na|ming them.</HI> For there being, <HI>no Trea&s;on without Allegeance;</HI> And <HI>Allegeance being a per&s;onall Obligation, mu&s;t be due from a certain known Per&s;on, to a certain known Per&s;on or Per&s;ons.</HI> And therefore <HI>the Keepers of the Liberties of Eng|land, not being yet made particularly known to us, who they are, or where to be found, or what their power, Duty or Office is; and being not tied by any &s;et Oath, to deal well and truly with the People, (as Kings are by their Coronation Oath; for if the &s;tipulation be not mutuall, the People are Slaves, not Subjects.)</HI> Since the Duties of Allegeance and Protecti|on; Obedience and Command being reciprocall (as they mu&s;t needs be, the Parliament having declared the Su|preme power to be in the People; they mu&s;t not go|vern them <HI>Mero Imperio</HI> (by Lawle&s;s votes) like Turki&s;h Tartarian and Ru&s;&s;ian Slaves.) <HI>I cannot owe nor perform Allegiance to tho&s;e Individua vaga (the Keepers or Gao|lers of our Liberties)</HI> nor to an Utopian Commonwealth. And without Allegeance no Trea&s;on: for in all En|ditements of High Trea&s;on it mu&s;t be alleaged, <HI>That the Accu&s;ed did (Proditori&egrave;) perpetrate &s;uch and &s;uch Crimes, Contra debitam Allegantiam &s;uam.</HI> And the word <HI>(Proditori&egrave;) &s;ignifies the betraying of a Tru&s;t:</HI> According to the Proverb; In Tru&s;t, is Trea&s;on. <HI>Now where there is no profe&s;sion of Allegeance, there is no Acceptance of a Tru&s;t, no man can tru&s;t me again&s;t my will.</HI> I was born under a Regall Government, have read the Stat. Recogniti|on, 1. Jac. Have taken (as well as others) the Legall Oathes of Allegeance, Obedience and Supremacy to the <HI>King</HI> his <HI>Heires</HI> and <HI>Lawfull Succe&s;&s;ors,</HI> impo&s;ed upon me by lawfull Authority, and from which no
<PB N="46" REF="263"> power on Earth can ab&s;olve me: and &s;o much I at|te&s;t in the Oath of Supremacy. And how I &s;hould now come (after the New Moduling of the Parlia|ment and Kingdom by Souldiers) to owe Allegeance to <HI>Cromwell</HI> the <HI>Bruer, Scot</HI> the <HI>Bruers Clerk, Brad&s;haw</HI> the <HI>Murderous Petty fogger,</HI> Sir <HI>Henry Mildmay</HI> the <HI>Court Pander</HI> and <HI>Projector, Holland</HI> the <HI>Linkeboy, John Trench|arde</HI> that packed a Committee (in which he was a Member) and voted to him&s;elf 2000 l. <HI>Love</HI> the &s;uper-inducted Six Clerk, or any other of that Self-created Authority, let them &s;heath their &s;words and tell me.</P>
<P N="2"><NOTE PLACE="marg">See the Addi|tionall P<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">&s;t|&s;cript at the Latter end of this Book.</NOTE>2. <HI>An Enditement mu&s;t certainly allege the Offence com|mitted, in re&s;pect of the Matter, Time, Place, Per&s;ons and o|ther Circum&s;tances;</HI> But in the&s;e Articles of Impeach|ment they tie them&s;elves to no &s;uch certainties; Where|by the Accu&s;ed knows not at what ward to lie, nor how to make his Defence. The Circum&s;tances of Time, Place and Per&s;ons, being the a&s;&s;ured Te&s;timony of all Humane Actions. This Lawle&s;s Court leaves him in a va&s;t Sea of Troubles, without Pole-&s;tar, card or compa&s;s to &s;teer by: The Arbitrary Opinions of this Court, de|clared upon emergent Occa&s;ions, being a fal&s;e-hearted Pilot to him. <HI>The&s;e Judges not being of Coun&s;el with the Pri&s;oner, as our Legall Judges are, who &s;wear to do Ju&s;tice according to the Law.</HI></P>
<P N="3">3. <HI>By the Law, any learned man that is pre&s;ent, may inform the Court, for the benefit of the Pri&s;oner, of any thing that may make the proceedings erronious.</HI> Cooks 3. In&s;tit. p. 29. But the whole Proceedings of this Court, their Meeting and &s;itting being erroneous, here is no room left for Ad|monition, To take away their errours, is to take away Court.</P>
<P N="4"><PB N="47" REF="263">4. Cooks 2. In&s;tit. pag. 51. expounding the 29. chapter of <HI>Magna Charta</HI> hath the&s;e words. <HI>All Commi&s;sions ought to be grounded upon the Laws of England</HI> (not upon the votes of the Hou&s;e of Commons) <HI>and to contain this Clau&s;e in them. To do what is ju&s;t according to the Laws and Cu&s;toms of England,</HI> (not to execute the &s;everall powers given them by the Act. 26. March 1650) and a little fur|ther he &s;aith, Again&s;t this Antient and Fundamentall Law I find an Act of Parliament made 11. Hen. VII. c. 3. That as well Ju&s;tices of A&s;&s;ize as Ju&s;tices of the Peace, without any finding or pre&s;entment by the verdict of 12 men, upon a bare Information for the King before them made, &s;hould have full power and Authority by their Di&s;cretions, to hear and determine all Offences and Contempts committed, or done by any Per&s;on or Per&s;ons, again&s;t the Form, Ordinance or effect of any Statute made and not repealed; &s;aving Trea&s;on, Murder or Felony. By colour of which Act &s;haking this Fundamentall Law, it is not credible what horri|ble Oppre&s;&s;ions and Exactions, to the undoing of in|finite number of People, were Committed by <HI>Emp|&s;on</HI> and <HI>Dudley</HI> Ju&s;tices of the Peace throughout England. And upon this unju&s;t and injurious <HI>Act, a New Office was erected (as commonly in like ca&s;es it falleth out) and they made Ma&s;ters of the Kings Forfeitures. (I hear &s;uch an other Offfce will be erected, when the Novelty of this wonderfull High Court is le&s;&s;ened, and the yoke thereof throughly &s;etled upon the Peoples Necks)</HI> Yet ob&s;erve the &s;aid Act. 11. Hen. VII. c. 3. went not &s;o high as to Trea&s;on, Murder and Fe|lony: But by the Stat. 1. Hen. VIII. chap. 6. the &s;aid Act 11. Hen. VII. was repealed, and the rea&s;on given, For that by force of the &s;aid Act it was manife&s;tly known; That many &s;ini&s;ter and crafty, forged and feigned In|formations
<PB N="48" REF="264"> had been pur&s;ued again&s;t many of the Kings &s;ubjects, to their great dammage and wrongfull vexation. The ill &s;ucce&s;&s;e hereof (&s;aith <HI>Cook</HI>) and the fearfull end of the&s;e two Oppre&s;&s;ors, (who were Endited and &s;uffered for High Trea&s;on for all the &s;aid Act 11. Hen. VII. pa&s;|&s;ed in a full and Free Parliament. Cooks 3. In&s;tit p. 208.) <HI>Should admoni&s;h Parliaments, That in&s;tead of this Ordi|nary and precious Triall by the Law of the Land, they bring not in Ab&s;olute and Partiall Trialls by Di&s;cretion.</HI> And in his 4. In&s;tit. page 41. <HI>Cook</HI> &s;aith, <HI>Let Parliaments leave all Cau&s;es to be mea&s;ured by the golden and &s;treight|ned wand of the Law, and not the uncertain and crooked cord of Di&s;cretion: for it is not almo&s;t Credible to fore&s;ee, when any Maxime or Fundamentall Law of the Land is altered, what dangerous inconveniences will follow; as appeares by this unju&s;t and &s;trange Act</HI> 11. Henry VII. chap. 3.</P>
<P N="5">5. <HI>This Parliament alwaies declared they bore Arms a|gainst the King, in Defence of the Laws, Liberties and Pro|perties of the People.</HI> This way ran the whole current of their Declarations. <HI>And they alwaies reckoned Magna Char|ta, the Petition of Right and Trialls by Juries, the Chief and mo&s;t Fundamentall of all our Laws. See their</HI> 1. <HI>Remon|&s;trance: Therefore in their</HI> 7. <HI>Article again&s;t Strafford. They charged him with High Trea&s;on, for giving Judgements a|gain&s;t mens E&s;tates, without Trials by Juries. Much aggrava|ted by Ma&s;ter St. Iohns in his afore&s;aid Argument again&s;t Strafford.</HI> And for the better pre&s;ervation of Legall Trialls by Juries, it is provided in the Bill of At|tainder of Strafford, that the ca&s;e of the &s;ame Earl &s;hould not be u&s;ed as a Pre&s;ident in &s;ucceeding times. <HI>And in two of this Parliaments late Declarations</HI> 9. <HI>Febr. and</HI> 17. <HI>March</HI> 1648. <HI>The Parliament promi&s;eth,
<PB N="49" REF="264"> To pre&s;erve and keep the fundamental Laws of the land, for pre&s;ervation of the lives, liberties and properties of the people, with all things incident thereto. Now to erect an arbitrary lawle&s;s high Court, to give judgment again&s;t mens lives and e&s;tates, and attain their bloods, without Enditement found by a grand Jury, and a trial by a Jury of twelve &s;worn men</HI> vicineto, <HI>is a far fouler breach of tru&s;t in them again&s;t their Sovereign Lords the People, than all they charged the King withall, and a far higher act of tyranny and inju&s;tice than either the late King, or</HI> Emp&s;on <HI>and</HI> Dudley, <HI>or</HI> Strafford <HI>were accu&s;ed of.</HI> But if they alledg, They do not put down Juries in general, but only in &s;ome particular mens ca&s;es and upon nece&s;&s;ity. I an&s;wer, <HI>That we are all born Freemen of</HI> England <HI>alike, That our ancient known Laws, Laws Courts and trials by Juries are our inheritance equal alike to all. And one party or part of the people ought not to be di&s;herited, disfran|chi&s;ed or forejudged no more than another. No man can be &s;aid guilty of any crime until he be legally convicted and &s;entenced, the Law mu&s;t fir&s;t go upon him and condemn him,</HI> Ubilex non di&s;tinguit, non e&s;t di&s;tinguendum. <HI>If we do not live all under one Law and form of Ju&s;tice, we are not all of one Commonwealth.</HI> See the aforementioned Gentlemans Argument, <HI>again&s;t the &s;pecial Commi&s;&s;ion of the Court of York.</HI> For <HI>Nece&s;&s;ity;</HI> our pre&s;ent power is under none, but the fears and terrors of their own guilty con&s;ciences. No apparence nor probability of any ene|my by their own confe&s;&s;ion; nor can they plead in their excu&s;e, a nece&s;&s;ity which they have brought upon them|&s;elves. I know <HI>&s;ome Kings have,</HI> de facto, <HI>u&s;ed the Ani|madver&s;ion of the Sword to cut off &s;uch powerful and dangerous per&s;ons as could not &s;afely be called to ac|count by the Law; &s;o dyed</HI> Joab, Adonijah, <HI>&amp;c. for which
<PB N="50" REF="265"> the rule is,</HI> Neminem adeo eminere debere, legibus in|terrogari nequeat; qui jus aequum ferre non pote&s;t, in eum vim haud inju&s;tam fore. No man ought to advance him&s;elf above the powers of the Law; he that will not &s;ubmit to equal right, if he be cut off by violence, &s;uf|fers no wrong; <HI>but this is to be under&s;tood of the emi|nency and greatne&s;s of the per&s;on, not of the greatne&s;s of the crime, whereof no man is to be forejudged, becau&s;e a great crime may prove a great calumny, until a legal trial have adjudged it.</HI> But there is no per&s;on in <HI>England</HI> &s;o eminent for power or Authority, but that the lea&s;t of <HI>Brad&s;haws</HI> Ban-dogs can drive him to the Slaughter-hou&s;e, &amp; make him offer his throat to <HI>Keeble.</HI> Therefore <HI>Animadver&s;io Gladii,</HI> if at any time lawful, is now un|lawful. <HI>To make great examples upon men of little power, is great inju&s;tice.</HI> But the way of this Court is not <HI>A|nimodver&s;io per Gladium.</HI> It is a Mocking, a Counter|feiting, an Adulterating and Alchimi&s;ting of Ju&s;tice; it is to fal&s;ifie her weights and ballance, and &s;teal her &s;word to commit Murder withall.</P>
<P N="6"><NOTE PLACE="marg">See Col. <HI>Andrews</HI> three An|&s;wers.</NOTE>6. <HI>By the known Laws Matter of fact is intru&s;ted to the Jury, matter of Law to the Judges, to prevent all errours, combinations and partiallities. The Judges are &s;worn to do ju&s;tice according to the Law; the Jury are &s;worn to finde according to their evidence.</HI> But in this high Court the Commi&s;&s;ioners or Judges are all packed, confiding men, cho&s;en by and out of one party, to de&s;troy all of a different party. <HI>They u&s;urp the office of Judges, not be|ing &s;worn to deal well and lawfully with the people (as by the &s;aid</HI> Stat. 18 Ed. 3.) <HI>nor to do ju&s;tice according to the Law. But only to execute powers given by the &s;aid</HI> Act, 26. Mar. 1650. <HI>And they arrogate (as Jury-men) to be Triers of the Fact, without being &s;worn, to find according
<PB N="51" REF="265"> to evidence. So that they are Judges, Juries, and parties, (&amp; for ea&s;e of their tender con&s;ciences (without any Oath of Indifferency.</HI> A mo&s;t excellent <HI>Compendium</HI> of Op|pre&s;&s;ion. They may go to the Devil for inju&s;tice, and not be for&s;worn. Great is the priviledge of the godly.</P>
<P N="7">7. <HI>The pri&s;oner may except again&s;t his Jurors, either a|gain&s;t the Array, if the Sheriff or Bayly impannelling the Jury, be not wholly di&s;ingaged and indifferent, both to the cau&s;e, and to the parties, pro&s;ecuting, and pro&s;ecu|ted; or again&s;t the Poll, he may challenge</HI> 35 <HI>peremptorily, &amp; as many more as he can render legal cau&s;e of challenge for.</HI> As for defect of e&s;tate, or other <HI>abilities,</HI> or for <HI>partia|lity, Di&s;affection, Engagement, Infamy.</HI> But this Array of Jury-men Judges (a Medley &s;o new we know not how to expre&s;s it) though picked and empannelled by an en|gaged remainder of the Commons, and abnoxious to all exceptions, mu&s;t not be challenged, their backs are too much galled to indure the lea&s;t touch. <HI>Take heed you &s;candal not the Court (cries</HI> Mr. Atturney) See Col. <HI>An|drews</HI> three An&s;wers.</P>
<P N="8">8. <HI>Many exceptions in a legal Trial, are allowed a|gain&s;t Imperfections, &V;ncertainties and Illegallities in the Bill of Endictment, for the advantage of the Pri&s;o|ner.</HI> But no Exceptions are allowed again&s;t the&s;e ille|gal Articles of Impeachment, which are made uncer|tain, intricate and ob&s;cure and ambiguous purpo&s;ely to puzle, confound and entangle the Re&s;pondent.</P>
<P N="9">9. <HI>By the Law a bill of Endictment mu&s;t have two full and clear lawful witne&s;&s;es to every con&s;iderable Matter of Fact, both at finding the Bill and at the Trial.</HI><NOTE PLACE="marg">Where there is but one witne&s;s, it &s;hall be tried by combate before the Earl Martial <HI>Cooke,</HI> ibidem</NOTE> Cooks 3. In&s;tit. pag. 25, 26. And <HI>Probationes debent e&s;&s;e luce clariores.</HI> Proofs mu&s;t be as clear as the Sun, <HI>not groun|ded upon Inferences, Pre&s;umptions, Probabilities.</HI> And the Pri&s;oner mu&s;t be <HI>Provablement Attaint,</HI> &s;aith the
<PB N="52" REF="266"> Stat. 25. Ed. 3. chap. 2. Cooks 3. In&s;tit. pag. 12. <HI>The word (attainted) &s;hews he mu&s;t be legally proceeded with; not by ab&s;olute power as formerly had been u&s;ed (and as is now u&s;ed by this bloody High Court)</HI> But before the&s;e Slaugh|ter-men of the High Court, all manner of witne&s;&s;es, Le|gal or Illegal, one or two, &s;worn or not &s;worn, or ap|parently for&s;worn and &s;uborned, and all proofs clear or not clear are &s;ufficient. The Pri&s;oner is &s;ent thither foredoomed, and hath its deaths Mark, his fate in his forehead.</P>
<P N="10">10. The &s;aid Act 26. <HI>March</HI> 1650. <HI>carries two faces under one hood, and looks backwards as well as for|wards.</HI> To <HI>facts precedent as well as &s;ub&s;equent the &s;aid Act,</HI> contrary to the nature of all Laws, who&s;e office is to prohibit it before it puni&s;h, to warn before it &s;trike. Where St. <HI>Paul</HI> defineth <HI>Sin to be the breach of Com|mandement, or Law. I had not known Sin but by the Law.</HI> The Law mu&s;t therefore be precedent to the Offence. But the&s;e Acts are not <HI>Laws to admoni&s;h,</HI> but <HI>Lime-twigs and Traps to en&s;nare</HI> and catch men. See Col. <HI>Andrews</HI> 3. An&s;wers at the latter end of this book.</P>
<P>Fourthly and la&s;tly, I am to con&s;ider, <HI>To what end and purpo&s;e this new invented High Court is con&s;tituted and appointed?</HI> Concerning which &s;ee a Letter dated 6. June 1650. <HI>Stilo veteri,</HI> from the <HI>Hague,</HI> (&s;uppo|&s;ed to be <HI>Walter Stricklands, the Parliaments Agent there</HI>) as I finde it in <HI>Walter Fro&s;ts</HI> brief Relations of &s;ome affairs and tran&s;actions, &amp;c. from Tue&s;day <HI>June</HI> 11. to <HI>June</HI> 18. 1650. wherein the Epi&s;toler hath the&s;e words, <Q><HI>One piece of the cure (viz.</HI> of the dangers that threaten your new State) <HI>mu&s;t be Phlebotomy,</HI> but then you mu&s;t begin before Decumbency, and then it wil be facile to prevent danger, <HI>&amp;c.</HI> they are here mo&s;t of all afraid of your high Court of Ju&s;tice, which they
<PB N="53" REF="266"> doubt may much di&s;courage their party, they wi&s;h you would not renew the power thereof, but let it expire: then they think that after <HI>Michaelmas</HI> they may expect A&s;&s;i&s;tance with you. And indeed that Court is of almo&s;t as much u&s;e to you as an Army: and will prevent the ri&s;ing of as many Enemies, as the other will de&s;troy, only you mu&s;t be &s;ure to execute Ju&s;tice there with all &s;everity. A few of the fir&s;t &s;tir|rers taken away, by the power thereof, without re|&s;pect to cou&s;in or Countrey, will keep all the re&s;t quiet. But <HI>who&s;oever that Court condemns, let them be as already dead,</HI> &amp;c. But <HI>let them be mo&s;t free in cutting the</HI> vena Coephalica <HI>(that is the Presbyterian Party) for the</HI> Ba&s;ilica (or Royal Party) will be la|tent. <HI>The Median</HI> (or Levellers) would be &s;pared as much as may be, that the body be not too much ema|ciated. Be&s;ides, the blood is mo&s;t corrupt in the Coe|phalicks <HI>(or Presbyterians)</HI> and is the very <HI>cau&s;a continens</HI> of your di&s;ea&s;e. You need not fear to take freely of this vein, &amp;c.</Q> Here you &s;ee this State Moun|tebank gives you the u&s;e and application of this cor|ra&s;ive. (The High Shambles of Ju&s;tice) &s;o fully that I &s;hall not need to comment upon it. And in the latter end of a Letter from <HI>Cromwel,</HI> dated from <HI>Dunbar,</HI> 4. <HI>Sept.</HI> 1650. (as I find it in <HI>Politicus</HI>) &s;peaking of his new purcha&s;ed victory over the <HI>Scots, Cromwel</HI> &s;aith; <HI>God puts it more and more into your hands to improve your power,</HI> (viz. your ab&s;olute Authority) <HI>we pray own his People more and more,</HI> (that is, the Army) <HI>they are the Chariots and Hor&s;men of I&s;rael</HI> (of the King|dom of the Saints) <HI>di&s;own your &s;elves but own your Au|thority</HI> (which you enjoy under the Protection of the Army, your Lords Paramount) <HI>and improve it; to Curb the Proud and In&s;olent,</HI> &amp;c. (That is, all men of dif|ferent
<PB N="54" REF="267"> opinions and parties from them, that will not engage to be true and owe Allegiance to the Kingdom of the Saints, and re&s;ign their Laws, Liberties and pro|perties to their lu&s;ts and wills.) That I have not mi&s;|con&s;trued the contents of <HI>Cromwels</HI> my&s;tical letter, will appear by <HI>a Di&s;cour&s;e in the &s;ame Politicus,</HI> Numb. 17. from Thur&s;day <HI>Sept.</HI> 26. to <HI>Octob.</HI> 3. 1650. Where (ac|cording to his cu&s;tom) delivering forth State-Oracles to the people, He tels them in plain Engli&s;h, <HI>That after the Confu&s;ions of a Civil War, there is a nece&s;&s;ity of &s;ome &s;ettlement, and it cannot be imagined (the Controver&s;ie being determined by the Sword) that the Conquerours &s;hould &s;ubmit to the conquered,</HI> though more in number than them&s;elves. <HI>Nor are they obliged to &s;ettle the Go|vernment again according to the former Laws and Con|&s;titutions, but may erect &s;uch a form as they them&s;elves conceive mo&s;t convenient for their own pre&s;ervation. For after a Civil War the written Laws (viz. e&s;tabli&s;h|ed Laws of the Nation) are of no force, but onely tho&s;e which are not written.</HI> (And a little after) the King ha|ving by Right of war lo&s;t his &s;hare and intere&s;t in Au|thority and power, being conquered, <HI>by Right of war the whole mu&s;t needs re&s;ide in that part of the People which prevailed over him:</HI> There being no middle pow|er to make any claim, and &s;o <HI>the whole Right of Kingly Authority in</HI> England <HI>being by Military Deci&s;ion re&s;olv|ed into the prevailing Party, what Government &s;oever it plea&s;eth them to erect, is as valid</HI> de Jure, <HI>as if it had the con&s;ent of the whole Body of the People.</HI> That he &s;hould affirm, That after a Civil War the E&s;tabli&s;hed Laws cea&s;e, is &s;o gro&s;s a piece of ignorance, that there is hardly any Hi&s;tory extant but confutes it: After our Barons war, and the Civil War between <HI>York</HI> and <HI>Lan|ca&s;ter,</HI>
<PB N="55" REF="267"> Our E&s;tabli&s;hed Laws flouri&s;hed; &s;o did they after the <HI>Norman</HI> Conque&s;t. How many Civil Wars in <HI>France</HI> have left their Laws untouched? That of the Holy Leage la&s;ted 40 years; <HI>Belgia</HI> keeps her Laws maugre her inte&s;tine Wars: What is now become of the Parliaments declared Supreme Power and Sove|raign Lord the People, the Original and Fountain of all ju&s;t power? are they not all here proclamed Ear-bored &s;laves for ever? But I had thought that an Army of Mercenary Saints rai&s;ed, payed and commi&s;&s;ioned by the Parliament to defend the Religion, Laws, Liberties and Properties of the people, and the Kings Crown and Dignity, according to the Prote&s;tation and Covenant, and the Parliaments Declarations, would not have made &s;uch carnal and hypocritical u&s;e of their Victo|ries gotten by Gods providence and the peoples mo|ney, as to de&s;troy our known Laws, Liberties and Pro|perties, and claim by Conque&s;t, and impo&s;e their own lu&s;ts for Laws vpon us, thereby rendring them&s;elves Rebels again&s;t their God, their King and Countrey. Nor was it ever the State of the Quarrel between the King and Parliament who&s;e &s;laves the people &s;hould be? Or whether we &s;hould have one King, Governing by the known e&s;tabli&s;hed Laws? or 40 Tyrants Go|verning by their own lu&s;ts and arbitrary votes, again&s;t our written Laws? Nor can the &s;ucce&s;s make n Con|que&s;t ju&s;t, unle&s;s the cau&s;e of the war were originally ju&s;t, and rhe pro&s;ecution thereof ju&s;tly managed. As 1. To <HI>vindicate</HI> a Ju&s;t Claim and Title. 2. <HI>Ad res re|petendas.</HI> To recover Damages wrongfully &s;u&s;tained. 3. To repel an injury done to your &s;elf, or to your Ally in league with you.</P>
<P>The ultimate end of the&s;e wicked endeavors is, To
<PB N="56" REF="268"> e&s;tabli&s;h and cement with the blood of their adver|&s;aries, the Kingdom of the Brambles or Saints, al|ready founded in blood, by cutting of all &s;uch by their &s;aid New Acts of Trea&s;on and High Court of Ju&s;tice, as will not bow their Necks to their Iron yoke. Which appears more clearly in an <HI>Additio|nal Act giving farther power to the &s;aid High Court,</HI> (dated 27. <HI>Aug.</HI> 1650.) <HI>To hear and determine all Mi&s;pri&s;ions or Concealments of Trea&s;ons</HI> mentioned or contained in any of the &s;aid Articles or Acts of Par|liaments: And to inflict &s;uch puni&s;hments, and award &s;uch execution, as by the Laws and Statutes have been, or may be inflicted. <HI>This Law (if I mi&s;cal it not) con|&s;idering how they have multiplied Trea&s;ons by their &s;aid</HI> 3 <HI>New Statutes,</HI> 14. May, 17 July 1649. and 26. March 1650. <HI>Whereby bare words without Act are made High Trea&s;on, contrary to tho&s;e well approved Statutes,</HI> 25 Edw. 3. <HI>chap.</HI> 2. 1 Hen. 4. <HI>chap.</HI> 10. 1 Edw. 6. <HI>chap.</HI> 12. 1 Mariae, <HI>chap.</HI> 1. Cook 3 In&s;tit. <HI>&s;aith, That words may make an Heretick not a Traitor,</HI> Chap. High <HI>Trea&s;on. And the Scripture denounceth a woe to him; That maketh a man an Offender for a word, is one of the cruel&s;t, and mo&s;t generally dangerous and entrapping that ever was made. For hereby all relations, Husband and Wife, Parents and Children, Brothers and Si&s;ters, Ma&s;ters and Servants, are all injoyned to be informers against, and accu&s;ers of one another (which is to take upon them the Devils office (and be</HI> Accu&s;atores Fratrum) <HI>for light and vain words &s;poken only in pa&s;&s;ion or ignorantly: or el&s;e they fall into the jaws of this all-devouring Court,</HI> from whence, no more then from hell, there is no redem|ption) <HI>for Mi&s;pri&s;ion of Trea&s;on: the Penalty whereof is lo&s;s of liberty and lands for life, and of goods for ever,</HI>
<PB N="57" REF="268"> Who can imagine le&s;&s;e hereby, but that <HI>our Statists in|tend to rai&s;e a yearly revenue by this Court, by Forfeitures and Confi&s;cations: and to erect an Office of Ma&s;ter of the States Forfeitures: like Emp&s;ons and Dudleys in</HI> Hen. VII. <HI>time afore&s;aid.</HI> And &s;o continue this Court,<NOTE PLACE="marg">10. <HI>Decemb.</HI> 1650. A New Act pa&s;&s;ed, for e&s;tabli&s;h ng an High Court Ju&s;tice in <HI>N<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">folk, Suf|folk, Hunting|ton, Camb idge, Lincoln,</HI> and the I&s;l<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> of <HI>Ely,</HI> &amp;c. And &s;o by degrees this gangrene &s;hall enlarge it &s;elf all the King|dom over.</NOTE> to weede out the Ancient Inhabitants <HI>Canaanites</HI> and <HI>Amalekites.</HI> The &s;aid Additional Act, 27. <HI>Aug.</HI> 1650. concludes, That the &s;aid High Court &s;hall not Examine, Try or proceed again&s;t any per&s;on other then &s;uch as &s;hall be fir&s;t by name appoin<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ed by the Parliament or Councel of State. It &s;hould &s;eem the Parliament and Councel of State &s;upply the want of a Grand Inque&s;t; and their Ap|pointment is in &s;tead of a Bill of Enditement found and pre&s;ented. <HI>As A&s;&s;uredly as the High Inqui&s;ition was erected in Spain by Ferdinando and I&s;abella to extirpate the Maho|metan Moors: And the &s;aid Councel of Blood in the Lowe Countreys, by the Duke D' Alva to weed out the Lutherans, Calvini&s;ts and Anabapti&s;ts. So is this High Court &s;et up in England, to root out the Royalli&s;ts, Presbyterians and Le|vellers; and generally all that will not wholly concur with our Independents in Practice and Opinions.</HI> As will mani|fe&s;tly appear when their work is done in <HI>Scotland,</HI> which will &s;oon be effected: the more zealous Scots being now as ready to &s;ell their Kingdom; as they were formerly to &s;ell their King.</P>
<P N="1">I. Conclude therefore upon the Rea&s;ons afore&s;aid; That becau&s;e the Commi&s;&s;ioners or Judges are not &s;worn to do Ju&s;tice according to the Laws: and are par|ties pre ingaged (as well as their Ma&s;ters, and pay Ma|&s;ters, that named them) ignorant men, and of vild &amp; ba&s;e profe&s;&s;ions, uncapable of places of Judicature, Nece&s;|&s;itous Per&s;ons, and &s;ome of them Scandalous, and the High Court it &s;elf hath neither Law, Pre&s;ident, nor any
<PB N="58" REF="269"> ju&s;t Authority for con&s;tituting thereof or the Judges therein. And all proceedings before them are directly Contrary to <HI>Magna Charta,</HI> the Statute 25. <HI>Edw.</HI> III. chap. 2. The Petition of Right and all other known and E&s;tabli&s;hed Laws, and the continual Practice of our Nations; and (in many points) contrary to the Law of God and the Dictates of Right Rea&s;on. <HI>That the&s;e Commi&s;&s;ioners are Incompetent Judges; Their Court an Extrajudicial Conventicle, tending to di&s;inherit, disfran|chi&s;e and en&s;lave all the Freemen of the Nation; and all Proceedings before them are void, and coram non Judice.</HI> See Col. <HI>Andrews</HI> 3. An&s;wers, The &s;aid High Court of Iu&s;tice to be a meer bloody Theater of Murder and Oppre&s;&s;ion. It being again&s;t Common Rea&s;on, and all Laws divine and humane, That any man &s;hould be Iudge in his own Cau&s;e. <HI>Neminem po&s;&s;e in &s;ua cau&s;a Iudicem e&s;&s;e.</HI> Is the Rule in Law. <HI>But this Parliament and Councel of State know they cannot e&s;tabli&s;h and confirm their u&s;urped Tyranny, (The Kingdom of the Saints,) eate up the People with Taxes, and &s;hare publike Lands, Offices, and Mony among&s;t them&s;elves, en&s;lave the Nation to their Lawle&s;s wills and plea&s;ures, but by cutting off the mo&s;t able and active men of all oppo&s;ite parties by &s;ome &s;uch expedient as this Arbitrary Lawle&s;s High Court is. The old Legal way by Iuries (being found by Iohn Lilbourns Trial) to be neither &s;ure enough nor &s;peedy enough to do their work. A Butcher-Rowe of Iudges being ea&s;ier packed, then a Jury who may be challenged. So that it fareth with the People of</HI> England, <HI>as with a Traveller fallen into the hands of Thieves. Fir&s;t, they take away his Pur&s;e. And then, to &s;e|cure them&s;elves, they take away his life. So they Robbe him by Providence, And then Murder him by Nece&s;&s;ity. And (to bring in their third in&s;isting Principle) they may
<PB N="59" REF="269"> alleage; They did all this upon Hone&s;t intentions; to enrich the Saints, and rob the Egyptians. With the&s;e</HI> 3. <HI>Princi|ples they Iu&s;tifie all their Villanies.</HI> Which is an Inven|tion &s;o meerly their own, That the Devil mu&s;t acknow|ledge: They have propagated his Kingdom of Sinne and Death more by their impudent Iu&s;tifications, then by their Turbulent Actions.</P>
</DIV2>
<DIV2 TYPE="postscript">
<HEAD>An Additional Po&s;t&s;cript.</HEAD>
<P>SInce the Conclu&s;ion of the Premi&s;es hath hapned, the Trial of that worthy Knight Sir <HI>Iohn Stowell,</HI> of the County of <HI>Sommer&s;et:</HI> Who having bin often before this Court, hath &s;o well defended him&s;elf, and wiped off all Objections, and made &s;uch good u&s;e of the Articles of the Rendition of <HI>Exce&s;ter,</HI> that in the Opi|nion of all men, and in de&s;pite of their en&s;naring Acts for New Trea&s;ons, he cannot be adjudged guilty of any Trea&s;on, Old or New, which was the Sum and Com|plement of the Charge again&s;t him. Wherefore the Court put off his Trial for a longer time, to hunt for New Crimes and Witne&s;&s;es again&s;t him. At la&s;t came into the Court as a witne&s;s <HI>Iohn A&s;he,</HI> notwith&s;tanding he is a Party many wayes engaged again&s;t him. 1. <HI>A&s;he</HI> is a Parliament-man; in which capacity Sir <HI>Iohn Stowel</HI> bore Arms for the King again&s;t him. 2. <HI>A&s;he</HI> as a Parlia|ment-man is one of the con&s;titutors of this murderous Court and the Judges thereof, and therefore their Crea|tures (who expect rewards from them) bear a more aw|ful re&s;pect to his te&s;timony, then a witnes ought to have from Iudges. 3. It is publickly known that <HI>A&s;he</HI> hath
<PB N="60" REF="270"> begged of the Hou&s;e a great &s;umme of mony out of the Compo&s;ition for, or Confi&s;cation of Sir <HI>Iohns</HI> E|&s;tate. And 4ly. It is known to many, That during Sir <HI>Iohns</HI> many years Impri&s;onment <HI>A&s;he</HI> often labour|ed with Sir <HI>Iohn</HI> to &s;ell unto him for 4000. l. a Parcel of Land which co&s;t Sir <HI>Iohn</HI> above 10000 l. promi&s;ing him to pa&s;&s;e his Compo&s;ition at an ea&s;ie rate, to pro|cure his enlargement from Pri&s;on, and &s;end him home in peace and quiet if he granted his de&s;ire. But al|though with all their malicious diligence, they cannot finde him guilty of High Trea&s;on, yet their Articles of Impeachment Charge him in general Tearms with Trea&s;on, Murder, Felony, and other High Crimes and Mi&s;demeanors; and ama&s;&s;e together &s;uch a Sozites and an Accumulation of Offences, as if one fail another &s;hall hit right to make him puni&s;hable in one kinde or other: &s;uch an hail&s;hot charge cannot wholly mi&s;&s;e; either they will have life, e&s;tate, or both; Contrary to the nature of all Enditements and Criminal Charges what&s;oever; which ought to be particular, clear and certain (Lamb. page 487.) that the accu&s;ed may know for what Crime he puts him&s;elf upon i&s;&s;ue; But this Court (as High as it is) not being Con&s;tituted a Court of Record; the Pri&s;oner, and tho&s;e that are concern|ed in him, can have no Record to re&s;ort to either. 1. To demand a Writ of Errour, in Ca&s;e of Erroneous Judgment. 2. To ground a plea of <HI>Auterfois Ac|quite,</HI> in ca&s;e of New Que&s;tion for the &s;ame fact. 3ly, Or to demand an enlargement upon Acquital. Or 4ly, To demand a writ of con&s;piracy, again&s;t &s;uch as have combined to betray the life of an innocent man. Whereby it follows, That this prodigious Court hath power only to Condemn and Execute; not to Acquit
<PB N="61" REF="270"> and give Enlargement; Contrary to the Nature of all Courts of Judicature, and of Ju&s;tice it &s;elf: it is there|fore a meer <HI>Slaughter-hou&s;e</HI> to Commit Free-State Murders in, without, nay again&s;t Law and Ju&s;tice: and not a Court of Judicature; to condemne the <HI>Nocent,</HI> and ab&s;olve the <HI>Innocent.</HI> And the Iudges of this Court runne Parallel with their Father the Devill; who is ever the Mini&s;ter of Gods wrath and fury, never of his Mercy.</P>
<Q><PB REF="271">
<PB N="63" REF="271">
<TEXT LANG="eng">
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<DIV1 TYPE="document">
<HEAD>The humble An&s;wer of Coll. <HI>Eu&s;e|bius Andrews</HI> E&s;quire, to the Pro|ceedings again&s;t him before the Honourable, The high Court of Ju&s;tice 1650.</HEAD>
<P>THe &s;aid Re&s;pondent (with favour of this Honour|able Court) re&s;erving &amp; praying to be allowed the benefit and liberty of making farther An&s;wer, if it &s;hall be adjudged nece&s;&s;ary, offereth to this Honorable Court</P>
<P>That by the Stat. or Charter &s;tiled <HI>Magna Charta,</HI> (which is the Fundamental Law, and ought to be the Standard of the Laws of <HI>England,</HI> Confirmed above 30. times, and yet unrepealed, it is in the 29. Chapter thereof granted and enacted,</P>
<P N="1">1. <HI>That no Freeman &s;hall be taken or impri&s;oned, or be di&s;sei&s;ed of his Freehold or Liberties, or Free Cu&s;toms; or be out-lawed or exiled, or any other ways de&s;troyed,</HI> Nor <HI>we &s;hall not pa&s;s upon him but by a lawful Iudg|ment of his Peers, or by the Law of the Land.</HI></P>
<P N="2">2. <HI>We &s;hall &s;ell to no man, nor deferr to any man Iustice or Right.</HI></P>
<P>By the Stat. 42. Ed. III chap III. The Great Charter is commanded to be kept in all points: and it is enacted.</P>
<P><HI>That if any Stat. be made to the contrary,</HI> That <HI>&s;hall be holden for none.</HI></P>
<P>By the Act 26 March 1650. entituled, An Act for e&s;tabli&s;hing, An High Court of Iu&s;tice, <HI>Power is given to this Court; To Try, Condemn, and cau&s;e execution of death to be done, upon the Freemen of England, according as the Major number of any</HI> 12. <HI>of the Members thereof &s;hall judge to appertain to Ju&s;tice.</HI></P>
<PB N="64" REF="272">
<P>And therupon the Re&s;pondent doth humbly inferre, and affirme that <HI>the Tenor of the &s;aid Act is diametri|cally oppo&s;ite to, and incon&s;i&s;tent with the &s;aid Great Charter.</HI> And is therefore by the &s;aid recited Stat. 42. Ed. III. to be holden for none.</P>
<P>Secondly, That it can with no more Rea&s;on, Equity or Ju&s;tice, hold the reputation or value of a Law, (if the &s;aid Stat. had not bin) then if (contrary to the 2d. Clau&s;e of the 29. chap of <HI>Magna Charta</HI>) it had bin al&s;o enacted, <HI>That Iu&s;tice and Right &s;hall be deferred to all Freemen, and &s;ould to all that will buy it.</HI></P>
<P>By the Petition of Right, 3. Car. upon premi&s;ing: That contrary to the Great Charter, Trials and Execu|tions had bin had and done again&s;t the Subjects, by Commi&s;&s;ions Martial, &amp;c. it was therby prayed, and by Commi&s;&s;ion enacted. That:</P>
<P N="1">1. <HI>No Commi&s;&s;ions of the like nature might be thence|forth i&s;&s;ued,</HI> &amp;c.</P>
<P N="2">2. <HI>To prevent lea&s;t any of the Subjects &s;hould be put to death, Contrary to the Laws and Franchi&s;es of the Land.</HI></P>
<P>The Re&s;pondent hereupon Humbly ob&s;erveth; and affirmeth: <HI>That this Court is (though under a d<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">fferent &s;tile) in nature, and in the Proceedings therby directed, the &s;ame with a Commi&s;&s;ion Martial.</HI> The Freemen thereby being to be tried for life, and <HI>adjudged by the Opinion of the Ma|jor Number of the Commi&s;&s;ioners &s;itting, as in Courts of Commi&s;&s;ioners Martiall was practi&s;ed;</HI> and was agreeable to their con&s;titution: <HI>And con&s;equently again&s;t the Petition of Right:</HI> in which he, and all the Freemen of England (if it be granted there be any &s;uch) hath and have Right and Intere&s;t, &amp; he humbly claimes his right accordingly.</P>
<P><HI>By the Declarations of this Parliament,</HI> Dec. and Jan. 17. 1641. The benefit of the Laws, and the ordinary cour&s;e of Ju&s;tice are the Subjects Birthright.</P>
<PB N="56" REF="272">
<P><HI>By the Declaration,</HI> 12. July. 6. 1. Octob. 1642. <HI>The Pro|&s;ecution of the Laws, and due admini&s;tration of Iu&s;tice, are owned to be the ju&s;tifying cau&s;e of the War, and the end of the Parliaments affaires managed by their Swords and Coun&s;els, and Gods cur&s;e is by them imprecated, in ca&s;e they &s;hould ever decline tho&s;e ends.</HI></P>
<P>By the Declaration 17. Aprill 1646. Promi&s;e was made not to interrupt the Cour&s;e of Ju&s;tice, in the ordina|ry Courts.</P>
<P><HI>By the Ordinance or Votes of Non-addre&s;&s;es,</HI> Jan. 1648. It is a&s;&s;ured, <HI>That, though they lay a&s;ide the King; yet they will govern by the Laws, and not interrupt the cour&s;e of Iu&s;tice, in the ordinary Courts thereof.</HI><NOTE N="*" PLACE="foot">Th y forget the 2. Declarations 9. Febr. 17. March 1648.</NOTE></P>
<P>And therfore this Re&s;pondent humbly averreth and af|firmeth, That <HI>the con&s;titution of this Court, is a breach of the publique Faith of the Parliament exhibited and pledged in tho&s;e Declarations and Votes to the Freemen of England.</HI></P>
<P>And upon the whole matter, the Re&s;pondent (&s;aving as afore&s;aid) doth affirme for Law and claimeth as is Right. <HI>That:</HI></P>
<P N="1">1. This Court in defect of the validity of the &s;aid Act, by which it is con&s;tituted, hath no power to pro|ceed again&s;t him, or to pre&s;&s;e him to a further An&s;wer.</P>
<P N="2">2. That by vertue of <HI>Magna Charta,</HI> The Petition of Right, and the before recited Declarations, he ought not to be proceeded again&s;t in this Court, but by an ordinary Court of Iu&s;tice, and to be tried by his Peers.</P>
<CLOSER><SIGNED>And humbly prayeth: That this his pre&s;ent An&s;wer and <HI>Salvo</HI> may be accepted and regi&s;tred. <HI>Eu&s;ebius Andrewes.</HI></SIGNED></CLOSER>
</DIV1>
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</TEXT></Q>
<Q><PB N="66" REF="273">
<TEXT LANG="eng">
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<DIV1 TYPE="document">
<HEAD>The Second An&s;wer of Col. <HI>Eu&s;ebius Andrews</HI> E&s;quire, To the Hono|rable, The High Court of Ju&s;tice. 1650.</HEAD>
<P>THe &s;aid Re&s;pondent (with the Favour of this Honorable Court) re&s;erving and praying to be allowed the Bene|fit, and Liberty of making further An&s;wer, if it &s;hall be Nece&s;&s;ary. In all humblene&s;&s;e for the pre&s;ent An&s;wer of|fereth to this Honourable Court.</P>
<P>That by the Letter and genuine &s;en&s;e of the Act, entituled An Act for e&s;tabli&s;hing an High Court of Ju&s;tice. <HI>The &s;aid Court is not qualified to try a Freeman of</HI> England, (&s;uch as the Re&s;pondent averreth him&s;elf to be) <HI>for life in ca&s;e of Trea&s;on.</HI> For that: 1. <HI>The &s;aid Court is not con&s;tituted a Court of Record; neither hath Commi&s;sion returnable into a Court of Record.</HI></P>
<P>So that: 1. <HI>The State cannot upon the Record</HI> (and but upon Record cannot at all) <HI>have that account of their Freemen, which Kings were wont to have of their Subjects, and States exact el&s;e where at the hands of their Ministers of Justice.</HI></P>
<P N="2">2. <HI>The Freemen, and tho&s;e who are or may be concerned in him, can have no Record to re&s;ort to, by which to pre&s;erve the Rights due to him and them re&s;pectively.</HI> viz.</P>
<P N="1">1. <HI>A writ of Errour</HI> in ca&s;e of erronious judgment.</P>
<P N="2">2. <HI>A plea of Auterfoies acquit,</HI> in ca&s;e of new que&s;tion for the &s;ame fact.</P>
<P N="3">3. <HI>An Enlargement</HI> upon Acquitall.</P>
<P N="4">4. <HI>A Writ of Con&s;piracy,</HI> not to be brought until Acquital, again&s;t tho&s;e who have practi&s;ed to betray the life of the Re&s;pondent.</P>
<P N="1"><PB N="67" REF="273">1. <HI>The Writ of Errour is due by Pre&s;idents.</HI> Pa&s;chae 39. Ed. III. John of Gaunts Ca&s;e Rot. Par|liament. 4. Ed. III. Num. 13. Count de Arundells Ca&s;e. Rot. Parliament 49. Ed. III. Num. 23. Sr. <HI>John</HI> of <HI>Lees</HI> Ca&s;e</P>
<P N="2">2. <HI>Auterfois acquit</HI> appears by: <HI>Wetherell</HI> and <HI>Darl<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">is</HI> Ca&s;e. 4. Rep. 43. <HI>EliZ. Vaux</HI> his Ca&s;e. 4. Rep. 33. <HI>Eliz.</HI></P>
<P N="3">3. <HI>The Enlargement</HI> appears by: Stat. 14. <HI>Hen.</HI> IV. chap. 1. Diers Reports fol. 121. The year book of E<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">. IV. 10. fol. 19.</P>
<P N="4">4. <HI>The writ of Con&s;piracy,</HI> by: The Poulters Ca&s;e. 9, Rep. fol. 55.</P>
<P><HI>This Court is to determine at a day; without account of their proceedings, and have power to try, judge, and cau&s;e Execution: but not to acquit or give Enlargement. So that the nocent are therby puni&s;hable; the injured and betrayed not vindicable.</HI> Which are defects incompatible with a Court of Iu&s;tice, and incon&s;i&s;tent with Iu&s;tice it &s;elf; and the honor of a Chri&s;tian Nation and Common wealth.</P>
<P N="2">2. <HI>The Members of this Court, are by the &s;aid Act directed to be &s;worn.</HI></P>
<P N="1">1. <HI>Not in con&s;pectu populi;</HI> For the Freemans &s;atisfaction.</P>
<P N="2">2. <HI>Not in words of Indifferency</HI> and obliging in equality.</P>
<P N="3">3. <HI>But in words of manife&s;t partiality,</HI> viz.</P>
<P>You &s;hall &s;wear; That you &s;hall well and truly, accord|ing to the be&s;t of your skill and knowledge, <HI>execute the &s;e|verall powers given you by this Act.</HI></P>
<P N="1">1. <HI>If the Court be Triers and Iudges too, it is humbly offered by the re&s;pondent, that it is but rea&s;onable; that they &s;hould be &s;worn as triers; in the &s;ight of the Freeman who &s;hall be upon his Triall.</HI></P>
<P N="2">2. <HI>And, that as Iu&s;tices of Oyer and Terminer</HI> (They being au|thorized to hear and determine by the words of the Act. <HI>They &s;hould take an oath, &s;uch as is u&s;ual and equal, &s;et down</HI> E. III.
<PB N="68" REF="274"> Viz. <HI>You &s;hall &s;wear, that well and lawfull you &s;hall &s;erve our Lord the King, and his People in the Office of Iu&s;tice,</HI> &amp;c. <HI>And that you deny to no man Common Right.</HI></P>
<P N="3">3. Or that this Court (taking Notice of &s;uch high mat|ters as Trea&s;on, upon the guilt wherof the Freemans life depends) &s;hould take an Oath (at lea&s;t) as e|quall as a Iu&s;tice of the Peace. <HI>Daltons Iu&s;t. of Peace, fol.</HI> 13. the words are,</P>
<P><HI>I</HI> A. B. <HI>do &s;wear that I will do equall Right,</HI> &amp;c. <HI>accord|ing to my be&s;t wit, canning and power, after the Laws and Cu|&s;tomes of the Land, and the Statutes therof made,</HI> &amp;c.</P>
<P N="4">4. If the Court will be Iudges and Triers too: (for they have power given them to conclude the Freemen, by the opinion of the major number of twelve, holding &s;ome re&s;emblance (but with a &s;ignal difference) with the verdict of a Iury) it were but rea&s;onable that they &s;hould take an Oath corre&s;pondent to that u&s;ually admini&s;tred to Iury-men. The words are,</P>
<P>You &s;hall <HI>well and truly try, and true deliverance make be|tweene the Keepers of the Liberties of England, and the Pri&s;oner at the Bar, according to your evidence.</HI> So help you God, &amp;c.</P>
<P N="5">5. When this Court (as it is now con&s;tituted) hath con|demned a Freeman, by applying their skill and know|ledge to the power given them, whether ju&s;tly or not: the Oath injoyned them by the Act 26. Marh, 1650. is not broken, literally; as to be exactable by man, though God will have a better account.</P>
<P>And therefore upon the whole matter premi&s;ed: The Re&s;pondent (&s;aving as before) averreth for Law and Rea&s;on: This Court by the words of the Act con&s;tituting it; is not qua|lified, (in re&s;pect of the objected defects) to pa&s;&s;e upon him for life in ca&s;e of Trea&s;on, And prayes this his 2: An&s;wer may be recei|ved, with the <HI>Salvo's,</HI> and regi&s;tred,</P>
<CLOSER><SIGNED>Eu&s;ebius Andrews,</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><PB N="69" REF="274">
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="document">
<HEAD>The third An&s;wer of Coll. <HI>Eu&s;ebius Andrews</HI> E&s;quire, to the Honorable, The High Court of Ju&s;tice. 1650.</HEAD>
<P>THe &s;aid Re&s;pondent (with favour of this Honourable Court) re&s;erving and praying to be allowed the bene|fit and liberty of making further An&s;wer, if it &s;hall be ne|ce&s;&s;ary, in all humblene&s;&s;e for pre&s;ent An&s;wer offereth to this Honourable Court,</P>
<P N="1">1. That it is his Right (if he admit this Court to be duly and legally e&s;tabli&s;hed, and con&s;tituted as to their being a Court) to be tried by his Peers; men of his own condition and Neighbourhood.</P>
<P N="2">2. <HI>That it is within the power of this Court, by the Letter of the Act,</HI> 26. March 1650. <HI>Or (at least) not repugnant to the Act, to try him by &s;uch his Peers, &amp;c.</HI></P>
<P N="1">1. <HI>That it is his Right to be tried only &s;o:</HI> appears by
<LIST>
<ITEM><HI>Magna Charta,</HI> chap. 29.</ITEM>
<ITEM>25. Ed. 3. chap. 9.</ITEM>
<ITEM>28. Ed. 3. chap. 4.</ITEM>
<ITEM>42. Ed. 3. chap. 3.</ITEM>
<ITEM>25. Ed. 1. chap. 1. and 2.</ITEM>
<ITEM>25. Ed. 3. chap. 2. and 4.</ITEM>
<ITEM>37. Ed. 3. chap. 18.</ITEM>
</LIST></P>
<P>By all which this Right is maintainable; <HI>And the Pro|ceedings contrary thereunto will be held for none, and to be re|dre&s;&s;ed as void and erroneous.</HI></P>
<P>So that if the Laws and Courts were not ob&s;tructed in the ca&s;es of &s;ome &s;ort of Freemen of <HI>England,</HI> the whole Proceedings contrary to the&s;e Laws without a Jury of his Peers, were avoidable and rever&s;ible by Writ of Errour, as appears by the Pre&s;idents vouch|ed in the Re&s;pondents &s;econd An&s;wer.</P>
<P N="3"><PB N="70" REF="275">3. That it is in the Courts power, To try the Freeman, &amp; con&s;equently the Re&s;pondent, by a Iury of his Equalls; The Court is humbly de&s;ired to con&s;ider the words of qualifi|cation.</P>
<P N="1">1. <HI>The Court is Authori&s;ed; To hear and determine: and &s;o</HI> (if at all Commi&s;&s;ioners) <HI>then Commi&s;&s;ioners of Oyer and Termi|ner, and &s;uch Commi&s;&s;ioners, in their natural con&s;titution and practical execution, do proceed again&s;t Freemen according to Law by a Iury of their Peers,</HI> and not otherwi&s;e.</P>
<P N="2">2. <HI>Authori&s;ed to proceed to Trial, condemnation and execution: But not re&s;trained to the manner limitative:</HI> As, <HI>to Triall by the Opinion of the Court, as Triers</HI> Nor <HI>exclu&s;ive.</HI> As, <HI>to Triall per pares. But is left in the Manner, as in the Iudgment it &s;elf, To the Opinion of the major part of</HI> 12. <HI>and if they &s;hall think fit to try by a Iury, it will be no offence again&s;t the Act, there being no Prohibition to the contrary.</HI></P>
<P>And though this Re&s;pondent in&s;i&s;teth upon his &s;aid Right, con&s;i&s;ting with the Courts &s;aid power, and the more to induce the Court to grant him his &s;aid Right; <HI>He humbly repre&s;enteth the wrong done to him&s;elf, and in him to the Free|manzy of England in the following particulars, against their ju&s;t Rights depending upon &s;uch Trials to be allowed or denied.</HI></P>
<P N="1">1. <HI>Challenges to his Triers peremptory, or with cau&s;e of Chal|lenge.</HI></P>
<P N="2">2, <HI>Seeing, hearing, and counter-que&s;tioning the witne&s;ses for</HI> clearing of the Evidence: in <HI>matter of Fact</HI> and <HI>Circum|stance.</HI></P>
<P N="3">3. <HI>The being convicted or acquitted by a full and fully con|&s;ented verdict.</HI></P>
<P>To all which benefits as his undoubted Right, and the Right of all the Freemen of <HI>England,</HI> the Re&s;pondent maketh claim by the&s;e Rea&s;ons, Laws and Pre&s;idents following.</P>
<P N="1"><PB N="71" REF="275">1. <HI>The benefit of Challenges by the learning of Stanford</HI> in his Pleas of the Crown, Title challenge fol. 150. To challenge 35. without Rea&s;on &s;hewed; and with Rea&s;on &s;hewn, with|out Number adjudged 32. Hen. VI. in <HI>Poinings</HI> ca&s;e, abriged by Fitzherb. Tit. Challenge, fol. 26. allowed in Hillary 1. Jac. Sir <HI>Walter Rawleigh</HI> and <HI>Brooks.</HI></P>
<P N="2">2. <HI>To the hearing and que&s;tioning the value and weight of the witne&s;&s;es.</HI> The Laws are plain in <HI>Stanfords</HI> pleas of the Crown fol. 163, 164. Stat. 1. and 2. of Phil and Mary, Chap 10 11. 1 Ed. VI. chap. 12. Cookes 3 In&s;tit. pag. 12. upon the words in the St. 25. Ed. III. chap 2. (Provablement atteint) <HI>Becau&s;e the puni&s;hment was heavy, the proof mu&s;t be punctual, and not up|on Pre&s;umptions, or Inferences, or Streins of wit, nor upon Argu|ments &s;imili, or Minori ad Majus, &amp;c.</HI> But upon good and clear proofs, made good al&s;o by the St. 1. Ed. c. 6. 19. Ed. c. 1.</P>
<P N="3">3. <HI>A verdict by Iury pa&s;&s;eth from all, or not at all, in this way of proceeding by the Court immediatly: it pa&s;&s;eth by way of con|currence (or voting) the great fault found with the Star-Cham|ber; and all Commi&s;&s;ionary Courts, proceeding without pre&s;ent|ment or Enditement.</HI></P>
<P N="4">4. <HI>A Verdict pa&s;&s;eth from a Iury before di&s;charged, upon their Affairs of bu&s;ine&s;s, or &s;upplies of Nature; to prevent corruption by mony or power. In this way of Trial a man may be heard to day, and a Sentence given at lei&s;ure, when the power and will of tho&s;e by whom the Freeman is pro&s;ecuted, be first known.</HI> And from &s;uch a proceeding this Re&s;pondent can hope little equality; he being (to his knowledge) forejudged already by them.</P>
<P>And therefore (if at all this Honourable Court think fit to proceed to a Trial of this Re&s;pondent) he claims the benefit of Trial <HI>per pares:</HI> by <HI>Evidence viva voce.</HI> And re&s;ts on the Opinion of the Court; &s;aving (as for|merly) Liberty of farther An&s;wer, if over-ruled.</P>
<CLOSER><SIGNED>And prayes that this his An&s;wer and Salvos may be accepted and regi&s;tred. Eu&s;ebius Andrews,</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<PB REF="276">
<P> WHereas mention hath bin made in &s;everal prin|ted Books, that <HI>John Fowke</HI> Alderman, was one of tho&s;e per&s;ons, that did actually &s;it as Judges upon the Trial of his Maje&s;ty, with the Councel and At|tendants of the Court. And was in the number of the Judges at the Kings &s;entence of death. The&s;e are to give notice to all men, that the &s;ame is mo&s;t fal&s;e and &s;candalous, as will many wayes appear; And in particular, by the Certificate of <HI>Henry Scobell</HI> Clerk of the Parliament, in the&s;e words following, <HI>(ViZ.)</HI></P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="document">
<P>IN a Book Ordered by the Parliament to be kept among the Records of the Parliament read in the Hou&s;e the 11. of <HI>December</HI> 1640. and Entituled, <HI>A Journal of the Proceedings of the High Court of Ju&s;tice, erected by Act of the Commons of England,</HI> Entituled, <HI>An Act of the Commons of England in Parliament A&s;sembled, for Erecting of an High Court of Ju&s;tice, for the trying and judging of</HI> Charles Stew|art, <HI>King of</HI> England; In which Books are &s;et down the Names of the Commi&s;&s;ioners, appearing each day in Court. Having diligently &s;earched the &s;ame, the name of <HI>John Fowke</HI> Alderman of <HI>London,</HI> is not therein men|tioned, as being pre&s;ent with the Commi&s;&s;ioners at any meeting upon the &s;aid Trial, either publike or private.</P>
<CLOSER><DATELINE><DATE>March 28. 1660.</DATE></DATELINE>
<SIGNED><HI>Henry Scobell</HI> Clerk of the Parliament.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
</DIV2>
</DIV1>
</BODY>
</TEXT>
<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="276" MS="y">
<P>THE HISTORY OF Independency.</P>
<P>The Fourth and la&s;t Part.</P>
<P>Continued from the Death of his late MA|IESTY, King CHARLS the Fir&s;t of happy Memory, till the deaths of the chief of that <HI>Juncto.</HI></P>
<P>By T. M. E&s;quire, a Lover of his King and Country.</P>
<Q LANG="lat"><BIBL>Cicero Epi&s;t. Lib. 2. Ep. 3.</BIBL>
<P>Civem mehercule non puto e&s;&s;e, qui temporibus his ridere po&s;&s;it.</P></Q>
<Q LANG="lat"><BIBL>Id. Lib. 5. Ep. 12.</BIBL>
<P>Habet autem praeteriti doloris &s;ecura recorda|tio delectationem.</P></Q>
<P><HI>LONDON,</HI> Printed for H. <HI>Brome</HI> at the <HI>Gun</HI> in <HI>Ivie-Lane;</HI> and <HI>H. Mar&s;h</HI> at the Princes Arms in <HI>Chancery-Lane.</HI> 1660.</P>
</DIV1>
<DIV1 TYPE="dedication">
<PB REF="277">
<PB REF="277">
<P>TO THE <HI>SACRED MAJESTY</HI> OF Great BRITTAINS MONARCH.</P>
<P>(<HI>The Triumphant Son of a most Glorious Father, who was in all things</HI> More than Conquerour.)</P>
<P>The Illu&s;trious ofspring of a Royal Traine of ANTIENT PRINCES CHARLES The second of that Name, Entituled PIOUS By the &s;ole Providence of an Almighty hand, of <HI>England, Scotland, France</HI> and <HI>Ireland,</HI> King, Defender of the Faith.</P>
<P>Re&s;torer <HI>of the</HI> Engli&s;h Church <HI>unto its</HI> Pri&s;tine State <HI>and</HI> Glory.</P>
<P>Patron <HI>of</HI> Law <HI>and</HI> Liberty, Not to be Seconded by any but him&s;elf, Who <HI>is the be&s;t of Kings.</HI></P>
<P>And of all Vertue to the World THE GRAND EXEMPLAR.</P>
</DIV1>
<DIV1 TYPE="dedication">
<PB REF="278">
<OPENER><SALUTE>Mo&s;t Dread Soveraign.</SALUTE></OPENER>
<P>IT is neither arrogance nor ambition that makes me thus boldly to intrude into your pre&s;ence, for <HI>I</HI> know &s;o great a Sun will quickly dazle my weak eyes, but becau&s;e the former parts were honoured with your royal Fathers name, this therefore hopes to be &s;heltered under your Princely wing, this but concluding what they begun, and ma|king you the happy repayrer of tho&s;e Breaches, which that powerfull and re&s;tle&s;s faction of Independency made on the <HI>Regalia</HI> of <HI>En|gland,</HI> that po&s;terity may as well &s;ee, in this, their felicity, by you, in the ruine of that faction, as formerly they read their own mi&s;ery, in the Trea&s;onable actings thereof, again&s;t his late Maje&s;ty of ever glo|rious memory.</P>
<P><HI>I</HI> have no more but only to pray, that you may in this World be ble&s;&s;ed with the
<PB REF="278"> wi&s;dom, and happyne&s;&s;e of <HI>Solomon,</HI> a peaceable, long and all glorious Reign: the age of <HI>Methu&s;elah,</HI> wherein you may enjoy the full contents of a mo&s;t happy life, and at la&s;t full of honour and dayes arrive to the perfect fruition of a more glorious Kingdom, in Gods pre&s;ence, before whom is fullne&s;s of joy, and at his right hand plea|&s;ures for evermore.</P>
<CLOSER><DATELINE><DATE>29. Oct. 1660.</DATE></DATELINE>
<SIGNED>This from his &s;oul is the daily prayer of Your Maje&s;ties mo&s;t faithfull &s;ubject and Servant. <HI>T. M.</HI></SIGNED></CLOSER>
<PB REF="279">
<GAP DESC="duplicate" EXTENT="1 page">
<PB REF="279">
<GAP DESC="duplicate" EXTENT="1 page">
</DIV1>
<DIV1 TYPE="dedication">
<PB REF="280">
<HEAD>To the <HI>Nobility, Gentry, Clergy</HI> and <HI>Com|mons of ENGLAND.</HI></HEAD>
<P>IT is I think more out of cu&s;tome than nece&s;&s;ity, that I do at this time premi&s;e any thing, the Subject whereof we treat, having been fatally felt by mo&s;t of the Nation in &s;ome way or other, yet is it nece&s;&s;ary that the hi&s;to|ry of &s;uch turgencies in the State &s;hould be communicated, that po&s;terity may hereafter &s;ee, in their ri&s;e and fall, the certain puni&s;hment of Trea&s;on, though for a time guarded and upheld by armed violence, and the highe&s;t policies of a &s;ubtle malice.</P>
<P>It is &s;aid of the <HI>Epicureans,</HI> that, though they acknowledged no providence, nor any immortality of the &s;oul, and propo&s;ed plea&s;ure as the only end of their lives, yet they maintained (most of them) that they that were lovers of plea&s;ure, mu&s;t of nece&s;&s;ity be lovers of Justice, and that without virtue it was not po&s;&s;ible for men to live in true plea&s;ure, So as it was &s;aid of the <HI>Stoicks</HI> (who were for the most part notable hypocrites) that they &s;poke good things, and did foul actions, but that the <HI>Epicureans</HI> &s;poke and taught things that &s;eemed foul and &s;hamefull, but did that which was fair and honest.</P>
<P>Certenly the&s;e two &s;ects of Phylo&s;ophers might be the very pa|rallel of our late times, wherein our Stoicall Grandees could &s;peak nothing but holine&s;s, where the practice of their lives was a continued &s;eries of horrid Trea&s;ons, while a litle in|nocent mirth and freene&s;s of &s;peech was the greate&s;t that lay, or indeed could be ca&s;t, upon integrity of their de&s;pi&s;ed Anta|goni&s;ts: &s;o that we might &s;ee <HI>Cucullus non fecit Monarchum.</HI></P>
<P>It had been well for <HI>England</HI> if the &s;ad occa&s;ions of writing
<PB REF="280"> this hi&s;tory of the times had never happened: but they have been: And, as our Saviour &s;aith, <HI>Offences mu&s;t come, but wo be to them by whom they come,</HI> &s;o then to declare the actings, and their method and manner, is but &s;o to lay them open, that they may for the future be the better avoided and prevented.</P>
<P>The knowledg of all per&s;ons, the meaning of all matters,<NOTE PLACE="marg">Vo&s;&s;. de &s;<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ri Ag<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">. &amp; de art. hi&s;tor.</NOTE> and the depth of all &s;ecrets, is lockt up in hi&s;tory according to that of <HI>Vo&s;sius,</HI> alluding to that of the Roman Poet,
<Q><L>Qui quid &s;it turpe, aut pulchrum, quid utile, quid non</L>
<L>Plenius &amp; melius Chry&s;yppo &amp; Crantore dixit.</L></Q></P>
<P>And this I dare promi&s;e you in the en&s;uing Manual; with|out too violent reflections to widen differences: all the ob&s;er|vations ari&s;ing as naturally from the relations, as &s;uteable words do fitly &s;upply the ready tongue of a Learned Oratour.</P>
<P>It is the general happine&s;&s;e at this pre&s;ent, that we can, read the downfall of faction, and rejoyce in the glory of re&s;tored Ma|je&s;ty with &s;afety and content; and I pray God, that all the mi&s;|chiefs of the remaining <HI>Achitophel's, Shimei's</HI> and <HI>Rab&s;ha|keh's,</HI> may fall upon their own heads: but peace, happine&s;s and pro&s;perity, may waite on our <HI>Solomon,</HI> that he may be ble&s;&s;ed, and his throne be establi&s;hed, before the Lord for ever.</P>
<P>To Conclude; As your Loyalty in the wor&s;t, oftentimes hath been &s;ignal (if in nothing el&s;e yet in &s;ufferings) &s;o di&s;pi&s;e not to read this tractate, wherein, I dare pre&s;ume, you will find &s;omething which before you knew not: the work, 'its true is &s;hort, but will not, I hope, want &s;ub&s;tance, <HI>ine&s;t enim &s;ua gratia parvis;</HI> and to remember the&s;e things certainly cannot be irk&s;ome&mdash;
<Q LANG="lat">&mdash;Saepe recordari medicamine melius omni.</Q> to &s;ee and e&s;cape danger cau&s;eth, not only admiration but plea|&s;ure: which that you may receive with content by the peru&s;all hereof is de&s;ired.</P>
<PB REF="281">
<P>I &s;hall only add one word in particular, fir&s;t to the Nobili|ty; You are Right Honourable Princes in the Congregation of our I&s;rael, Men of renown, exemplarily both in your names and honours. Be as eminent in &s;ervice for your Prince, as obliged to him for favours, that it may be recorded of you as it is of Davids Worthies. The&s;e are the mighty men which <HI>David</HI> had, who &s;trengthened them&s;elves with him in his Kingdom, according to the word of the Lord.</P>
<P N="2"><HI>2.</HI> To the Gentry, You are they whom <HI>Jethro</HI> coun&s;elled <HI>Mo&s;es</HI> to provide out of all the people to a&s;&s;i&s;t him, and be mediatours between Prince and People; approve your &s;elves according to that coun&s;el to be able men, &s;uch as fear God, men of truth and hating covetou&s;ne&s;s, &s;o &s;hall the Lord give a ble&s;&s;ing as he hath promi&s;ed.</P>
<P N="3"><HI>3.</HI> To the Clergy, God hath made you as a Beacon upon an hill, that you might forewarn <HI>I&s;rael</HI> of her &s;ins, ye are the &s;alt of the Earth, while you preach to others be not your &s;elves ca&s;t away, but in &s;ea&s;on and out of &s;ea&s;on labour, labour to declare Chri&s;t not of contention and &s;trife, but &s;owe the word to effect that fruit may grow thereby.</P>
<P>And la&s;tly to the Commons, who are <HI>tumidum &amp; in&s;ta|bile vulgus:</HI> I &s;hall only wi&s;h that they will labour for peace, and, according to their Royal Princes dictate in his late Decla|ration concerning Eccle&s;ia&s;ticall affairs, acquie&s;ce in his con|de&s;centions concerning the differences which have &s;o much di&s;|quieted the Sate: by which endeavour all good Subjects will by Gods ble&s;&s;ing enjoy as great a mea&s;ure of felicity as this Nation hath ever done; which is the earne&s;t prayer of</P>
<CLOSER><DATELINE><DATE>No. 2. 1660.</DATE></DATELINE>
<SIGNED>Your, &amp;c. <HI>T. M.</HI></SIGNED></CLOSER>
</DIV1>
</FRONT>
<BODY>
<DIV1 N="4" TYPE="part">
<PB N="1" REF="281">
<HEAD><HI>THE HISTORY OF Independency.</HI> The Fourth and La&s;t part.</HEAD>
<P>_THE former parts of this Book having traced the prevalent and &s;trong Factions of <HI>Pre&s;by|terian</HI> and <HI>Independent,</HI><NOTE PLACE="marg">The Pro|eme.</NOTE> through the &s;everal devious pathes wherein they marched, and with what devilli&s;h cunning they did, each, endeavour to be greate&s;t, by &s;urpri&s;ing, or at lea&s;t under|mining the other, until at la&s;t they unriveted the very foundations of Government, by the execrable murther of their undoubtedly lawful Soveraign, a crime &s;o abhor|red, that it is even inexpiable, not to be purged with &s;acri|fice
<PB N="2" REF="282"> for ever: I &s;ay, the&s;e things having received &s;o live|ly a delineation in the former parts, &s;hall need no new recitalls. I &s;hall then begin at the end thereof, which was; when the &s;acred Reliques of betrayed Maje&s;ty, <HI>&s;pecie ju&s;titiae,</HI> received a fatal &s;troke from blood-thir&s;ty hands, neither able to protect it &s;elf, or be a &s;hadow and <HI>A&s;ylum</HI> for rejected Truth, and un&s;potted Loyalty. Thus in an un&s;etled and confu&s;ed po&s;ture &s;tood poor <HI>England,</HI> when the Sceptre departed from <HI>I&s;rael,</HI> and the Royal Lyon was not only robbed of, his prey, but his Life: which Barbari&s;m once committed, what did the Independent Faction, now grown chief, ever after &s;tick at? Having ta&s;ted Royal Blood, the Blood of Nobles &s;eemed but a &s;mall thing: to which end, and to heighten and perfect their begun villanies, they erect another High Court of Ju&s;tice,<NOTE PLACE="marg"><HI>Lords</HI> H. H. C. <HI>try|ed.</HI></NOTE> for the Tryal of <HI>James</HI> Earl of <HI>Cambridge, Henry</HI> Earl of <HI>Holland, George</HI> Lord <HI>Goring, Arthur</HI> Lord <HI>Ca|pell,</HI> and Sir <HI>John Owen</HI> Knight: whereof that Hor&s;leech of Hell, <HI>John Brad&s;haw,</HI> was al&s;o Pre&s;ident, who with &s;ixty two more (as hone&s;t men as him&s;elf) by a Warrant under the hands of <HI>Luke Robin&s;on, Nicholas Love,</HI> and <HI>J. Sarland,</HI> &s;ummoned for that purpo&s;e, did accordingly appear upon <HI>Munday</HI> the fifth day of <HI>February,</HI> 1648. for the putting in Execution an Act of Parliament (as they called it) for the erecting of an High Court of Ju&s;tice, for the trying and adjudging the Earls and Lords afore&s;aid; with whom (according to their fore-&s;ettled re&s;olution) making &s;hort work (for they would admit of no plea) of the five they pre&s;ently condemned three to lo&s;e their heads on a &s;caffold in the Pallace-yard at <HI>We&s;tmin&s;ter,</HI><NOTE PLACE="marg">Lords condem|ned.</NOTE> on <HI>Friday</HI> the ninth day of <HI>March:</HI> which day being come, about ten of the clock that Morning, Lieutenant Collonel <HI>Beecher</HI> came with his Order to the
<PB N="3" REF="282"> &s;everal Pri&s;oners at S. <HI>James</HI>'s, requiring them to come away; from whence they were immediately hurried in Sedans, with a &s;trong guard, to Sir <HI>Thomas Cottons</HI> hou&s;e at <HI>We&s;tmin&s;ter,</HI> where they continued about two hours, &s;pending the whole time in holy devotion and religious exerci&s;es. After which the Earl of <HI>Cambridge</HI> preparing fir&s;t for the Scaffold, after mutual embraces, and &s;ome &s;hort parting expre&s;&s;ions to, and for, his fellow-&s;ufferers, he took his leave, and went along with the Officers, at|tended on by Dr. <HI>Sibbalds,</HI> whom he had cho&s;en for his Comforter in his &s;ad condition. Being arrived at the Scaffold, and &s;eeing &s;everal Regiments both of hor&s;e and foot drawn up in the place: after he had waited a little while with a fruitle&s;s hope and expectation of receiving &s;ome comfortable news from the Earl of <HI>Denbigh</HI> who was his Brother; having &s;ent for his Servant, who being returned, and having delivered his Me&s;&s;age to the Earl of <HI>Cambridge</HI> privately, he &s;aid, <HI>So, It is done now:</HI><NOTE PLACE="marg"><HI>Hamil|tons</HI> &s;peech at his death.</NOTE> and turning to the front of the Scaffold he &s;pake to this effect. <HI>That he de&s;ired not to &s;peak much, but being by providence brought to that place, he declared to the Sheriff, that the matter he &s;uffered for, as being a Traytor to the kingdom of</HI> England, <HI>he was not guilty of, having done what he did by the command of the Parliament of his own Countrey, whom he dur&s;t not di&s;obey, they being &s;atisfyed with tbe ju&s;tne&s;&s;e of their procedure, and him&s;elf by the commands by them laid upon him; and acknowledging that he had many wayes de&s;erved a worldly puni&s;hment, yet he hoped through Chri&s;t to obtain remi&s;&s;ion of his &s;ins. That he had from his In|fancy profe&s;&s;ed the &s;ame Religion e&s;tabli&s;hed by Law in the land. That, whereas he had been a&s;per&s;ed for evil intents to|wards the King, all his actions being hypocritically di&s;gui&s;ed to advance his own &s;elf-intere&s;t: hereto he prote&s;ted his in|nocency;
<PB N="4" REF="283"> profe&s;&s;ing he had rea&s;on to love the King, as he was his King, and had been his Master, with other words to the &s;ame effect. That, as to the matter of invitation into the kingdom, he referred him&s;elf to the Declaration then in Print; and &s;etting forth how ready and willing he was ever to &s;erve the Engli&s;h, wi&s;hing happine&s;&s;e and peace to them, and praying that his blood might be the la&s;t that &s;hould be drawn, heartily forgiving all, &s;aying, I carry no rancour along with me to the grave. That his Religion was &s;uch as he &s;poke of before, who&s;e Tenets he needed not to expre&s;&s;e, as being known to all, and him&s;elf not of a rigid opinion, being not troubled with other mens differing judgments; with which words, and forgiving all that he might have even the greatest animo&s;ity again&s;t,</HI> he kneeled down with Dr. <HI>Sibbald,</HI> and prayed with much earne&s;tne&s;&s;e and de|votion: which pious exerci&s;e performed, and &s;ome &s;hort ejaculations pa&s;&s;ing between him&s;elf and the Doctor, the Earl turning to the Executioner, &s;aid, <HI>Shall I put on another cap, and turn up my hair? Which way is it that you would have me lye, Sir?</HI> The Executioner pointing to the front of the Scaffold, the Earl replyed, <HI>What, my head this way?</HI> Then the Under&s;heriffs &s;on &s;aid, My Lord, the Order is, that you lay your head toward the High Court of Ju&s;tice. Then the Earl, after &s;ome private di&s;cour&s;e with his &s;ervants, kneeled down on the &s;ide of the Scaffold, and prayed a while to him&s;elf; afterwards with a &s;miling and cheerful countenance he embraced the Doctor in his Arms, and then his &s;ervants, &s;aying to them, <HI>Ye have been very faithful to me,</HI> and <HI>the Lord ble&s;&s;e you:</HI> then turning to the Executioner, &s;aid: <HI>I &s;hall &s;ay a very &s;hort prayer while I lie down there, and when I &s;tretch out my hand, (my right hand) then, Sir, do your duty, and I do freely forgive you, and &s;o I do all the World.</HI>
<PB N="5" REF="283"> So lying down, and having fitted him&s;elf,<NOTE PLACE="marg"><HI>Hamilton</HI> execu|ted.</NOTE> devoutly pray|ing to him&s;elf a &s;hort &s;pace, he &s;tretched out his right hand, whereupon the Executioner, at one blow, &s;evered his head from his body, which was received by two of his Servants, then kneeling by him, into a Crim&s;on Taffeta &s;carfe; and that with the body immediately put into the Coffin brought thither for that purpo&s;e, and &s;o carried to Sr. <HI>John Hambletons</HI> hou&s;e at the <HI>Mewes.</HI></P>
<P>This Execution done, the Sheriffs guard went imme|diately to <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">tch the Earl of <HI>Holland,</HI> whom they met in the midway, where the under Sheriffs &s;on having received him into his charge, conducted him to the Scaffold, Mr. <HI>Bolton</HI> pa&s;&s;ing all the way hand in hand, with him. <Q>Being come upon the &s;ame, and ob&s;erving he could not &s;pake aloud enough to be heard by the People, by rea&s;on of the numerou&s;ne&s;s of the Souldiery that en|compa&s;&s;ed him, he &s;aid.<NOTE PLACE="marg"><HI>Hollands</HI> &s;peech on the Scaf|fold.</NOTE> I think it is to no purpo&s;e to &s;ay any thing; then proceeded. That his breeding had been in a good family, that had ever been faithfull to the true Prote&s;tant Religion, in which he had ever lived, and now re&s;olved by Gods grace to dye. That he hoped God would forgive him his &s;ins, though he acknowledged his Ju&s;tice in bringing him thither for puni&s;hment of them in this World. He ob&s;erved, that he was looked on as one that had ill de&s;igns again&s;t the State. Truly <HI>(&s;aith he)</HI> I look upon it as a judge|ment, not having offended the Parliament in any thing, &s;ave an extreme vanity in &s;erving them very ex|traordinarily. That his affections had been ever known to be faithfull, and without wavering: where the Par|liament wrought changes beyond and again&s;t rea&s;on and Religion, there He left them. That he ever &s;ought the peace of the Kingdom, and that made him do
<PB N="4" REF="284">
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<PB N="5" REF="284">
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<PB N="6" REF="285"> what he did. That he knew not how to judge of (the then) pre&s;ent affairs; but &s;hould pray, that the King|dome might be again governed by the King, by the Lords, by the Commons: and that the People may look upon the Po&s;terity of the King with that affection they owe: that they may be called again without blood|&s;hed, and admitted into that power and glory that God in their birth intended to them.</Q></P>
<P><Q>That he wi&s;heth happine&s;s even to the cau&s;ers of his death, praying heartily to God to forgive them. And as Chancellor of <HI>Cambridge</HI> really praying, that that Univer&s;ity might flouri&s;h, and be a continuall Nur|&s;ery both to Learning and Religion. Then mentio|ning again his Religion and family, relating &s;omething to his own behaviour, and his being a great &s;inner, yet that he hoped God would hear his prayers, and give him faith to tru&s;t in him, with his prayers for the Peo|ple, he ended.</Q> Then turning to the &s;ide, he prayed for a good &s;pace of time: after which by the in&s;tigation of Mr. <HI>Bolton,</HI> he &s;aid. <Q>That he was the le&s;s troubled with his violent death, when he remembred how his Savi|our &s;uffered for him; and again, when he con&s;idered the King his Ma&s;ter not long before pa&s;&s;ed the &s;ame way; with others at this time with him&s;elf, with a &s;erious and pithy ju&s;tification of his &s;aid Ma&s;ter the late Kings Maje&s;ty, a &s;hort recapitulation of his fir&s;t &s;peech con|cerning his Actions, Religion, breeding and &s;ufferings. After all, wholly ca&s;ting him&s;elf, on the merits and mer|cies of Je&s;us Chri&s;t, forgiving his Enemies, praying for peace, and that their blood might be the la&s;t, which was &s;hed &s;trangely, the tryall being as extraordinary as any thing in the Kingdom:</Q> but he owned it as Gods hand: then having, &s;ome divine conference with Mr.
<PB N="7" REF="285"> <HI>Bolton</HI> for neer a quarter of an hour, and &s;poken to a Souldier that took him pri&s;oner and others, he embra|ced Lievtenant Collonel <HI>Beecher,</HI> and took his leave of him. After which he came to Mr. <HI>Bolton,</HI> and having embraced him, and returned him many thanks for his great pains and affection to his &s;oul, he prepared him|&s;elf to the block: whereupon turning to the Executioner, he &s;aid; <HI>here my friend, let my Cloaths and my body alone, there is ten pounds for thee, that is better than my cloaths,</HI><NOTE PLACE="marg">His beha|viour.</NOTE> <HI>I am &s;ure of it. And when you take up my head, do not take off my cap:</HI> then taking his farewell of his Servants, he kneeled down and prayed, for a pretty &s;pace, with much earne&s;tne&s;s.</P>
<P>Then going to the front of the Scaffold, he &s;aid to the People, <HI>God ble&s;s you all, God give all happine&s;s, to this Kingdom, to this People, to this Nation.</HI> Then laying him|&s;elf down, he &s;eemed to pray with much affection for a &s;hort &s;pace, and then lifting up his head (&s;eeing the Executioner by him) he &s;aid, <HI>&s;tay while I give the &s;igne</HI> and pre&s;ently after &s;tretching out his hand, and &s;aying, now, now; ju&s;t as the words were coming out of his mouth, the Executioner at one blow &s;evered his head from his body.<NOTE PLACE="marg">E. of <HI>H<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ll.</HI> death.</NOTE></P>
<P>The Execution of the Earl of <HI>Holland</HI> being thus performed, the Lord <HI>Capell</HI> was brought to the Scaffold as the former: and as he pa&s;&s;ed along, he put off his hat to the People on both &s;ides, looking about him with a very &s;tern countenance; when mounting on the Scaf|fold having before taken his leave of his Chaplain, and bidding his Servants that were with him to refrain from weeping, coming to the front of the Scaffold,<NOTE PLACE="marg">Lo. <HI>Capell</HI> his &s;peech before his death.</NOTE> he &s;poke to this purpo&s;e.</P>
<P><Q>That he would pray for tho&s;e that &s;ent him thither,
<PB N="8" REF="286"> and were the cau&s;e of his violent Death; it being an effect of the Religion he profe&s;&s;ed, being a Prote&s;tant, with the profe&s;&s;ion whereof he was very much in love, after the manner as it was e&s;tabli&s;hed in <HI>England</HI> by the 39. Articles. That he abhorred Papi&s;try, relying on|ly on Chri&s;ts merits. That he was condemned to dye contrary to the Law that governs all the World, that is, by the Law of the Sword, the Protection whereof he had for his Life: yet among Engli&s;hmen, he an Engli&s;hman acknowledged Peer, condemned to dye contrary to all the laws of <HI>England.</HI> That he dyed (as to the cau&s;e he fought in) for maintaining the fifth Commandement, injoyned by God him&s;elf, the Fa|ther of the Country, the King, as well as the natural Parent being to be obeyed thereby. That he was guilty of Voting again&s;t the Earl of <HI>Strafford;</HI> but he hoped God had wa&s;hed off the guilt of his blood with the more precious blood of his Son. That his late Ma|je&s;ty was the mo&s;t vertuous, and &s;ufficient known Prince in the World. God pre&s;erve the King that now is, his Son. God &s;end him more fortunate and longer dayes. God re&s;tore him to this Kingdom, that that fa|mily may reign till thy Kingdom come; that is, while all Temporal power is con&s;ummated. God give much happine&s;s to this your King; and to you that in it &s;hall be his &s;ubjects. That he did again forgive tho&s;e that were the cau&s;ers of his coming thither from his very &s;oul: &s;o praying again for the King and his re&s;toration, and for the peace of the Kingdom, he fini&s;hed his &s;peech.</Q></P>
<P><NOTE PLACE="marg"><HI>L. C.</HI> his carri<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ge.</NOTE>Then turning about to the Executioner, he pulled off his doublet; when the Heads-man kneeling down, Lord <HI>Capell</HI> &s;aid, <HI>I forgive thee from my &s;oul, and &s;hall
<PB N="9" REF="286"> pray for thee; There is five pounds for thee, and if any thing be due for my cloaths, you &s;hall be fully recompenced. And when I ly down, give me a &s;hort time for a prayer:</HI> then a|gain ble&s;&s;ing the People very earne&s;tly, and de&s;iring their prayers at the moment of death, he &s;aid to the Executioner, <HI>you are ready when I am ready, are you not,</HI> then as he &s;tood putting up his hair, with hands and eyes lift up he &s;aid. <HI>O God, I do with a perfect and a willing heart &s;ubmit to thy will.</HI> O <HI>God, I do most willingly hum|ble my &s;elf,</HI> &s;o kneeling down, and fitting his neck to the block, as he lay with both his hands &s;tretched out, he &s;aid, <HI>When I lift up my Right hand, then &s;trike.</HI> When af|ter he had &s;aid a &s;hort prayer,<NOTE PLACE="marg">L. <HI>Capell</HI> behead|ed.</NOTE> he lifted up his right hand, and the Executioner at one blow &s;evered his head from his body, which was taken up by his &s;er|vants and put into a Coffin.</P>
<P>Having thus brought to pa&s;s their bloody purpo&s;e, &s;hortly after they acquitted the Lord <HI>Goring,</HI> and Sir <HI>John Owen</HI> as to their lives, but &s;eized upon all they had: according as they did upon mo&s;t of the E&s;tates of the Nobility and Gentry throughout <HI>England;</HI> for &s;uch now was their un&s;atiable malice, that they thought it not e|nough to ruine and de&s;troy the heads of Families; but,<NOTE PLACE="marg">The bar|barou&s;|ne&s;s of the facti|on.</NOTE> with divelli&s;h rancor, endeavour to blot out the name and memoriall of Po&s;terity, by &s;uch unheard of cruel|ties, and barbarous actions, as would make a Savage <HI>Scithian</HI> or <HI>Barbarian</HI> blu&s;h to think on, &s;o that we may &s;ay with <HI>Cicero</HI> in the like ca&s;e; <HI>Rem vides, quomodo &s;e habeat: orbem terrarum Imperiis distributis ardere bello: urbem &s;ine legibus, &s;ine judiciis, &s;ine jure, &s;ine fide relictam direptioni, &amp; incendiis.</HI> Which indeed is the very pre|&s;ent ca&s;e.</P>
<P>Thus did they grow from bad to wor&s;e, acting rather
<PB N="10" REF="287"> like butchers then Men, each one of them proving to all about him, a devouring wolfe, who&s;e in&s;atiate gorge was never filled with his pray, &s;o that having in effect the ma&s;tery of them (whom they called their Enemies) like true thieves they fall out about parting the &s;takes:<NOTE PLACE="marg">The Ar|my and Indepen|dent clo&s;e</NOTE> the Presbyterian faction will brook no &s;upe|rior, the Independent no equall, upon the&s;e terms &s;tands the Kingdom divided, when the later grown now more powerfull by the additon of the Army, who&s;e guilt in the murther of the King had &s;ugge&s;ted to them, that the only way to &s;ave and rai&s;e them&s;elves, was to confound and reduce all things el&s;e to an Anarchy. In pur&s;uance of which Principle they at la&s;t proceed again&s;t the very root of Monarchy: and after many uncouth de|bates re&s;olved, that the Nation &s;hould be &s;etled in the way of a free State,<NOTE PLACE="marg">Free-&s;tate ap|pointed.</NOTE> and Kingly government be utterly aboli&s;hed. Now was the &s;tile in all proceedings at the law altered, the &s;eals changed, and the Kings armes and &s;tatues in all places taken down, that &s;o their &s;eared con|&s;ciences might not at the &s;ight thereof be terrified, with the &s;ad remembrance of their committed crimes. And that no &s;parke or attendant of antient Maje&s;ty might be left remaining, &s;oon after, they vote the hou&s;e of Lords to be burden&s;ome and u&s;ele&s;s:<NOTE PLACE="marg">Lords hou&s;e vo|ted u&s;e|le&s;s.</NOTE> and that the People might under&s;tand their meaning al&s;o, on the 21th. of <HI>February</HI> they proclaim at <HI>We&s;tmin&s;ter,</HI> and &s;end it to the City the next Day to the like purpo&s;e, but the then Lord Mayor refu&s;ing to do it, as being contrary to his honour, con&s;cience and Oath, rather cho&s;e to &s;uffer an unju&s;t impri&s;onment, which he did in the <HI>Tower:</HI> Any hone&s;t Man would have thought this example would have put a &s;top to the attempt of any villain for the making that proclamation, but &s;o farr were they from
<PB N="11" REF="287"> being deterred, that they rather grow more implacable, and having found &s;ome hair brained, and half decayed, Cittizens, out of them, one is &s;et up as a mock-Mayor, who being a fellow fit for their turns, after a &s;hort com|plement or two with the Juncto:<NOTE PLACE="marg">The Pro|clamation again&s;t King&s;hip.</NOTE> he enters the Stage and Proclaims, the aboli&s;hing of King&s;hip, and the Hou&s;e of Lords. Having thus brought their de&s;ign to &s;ome kind of maturity, they find another invention to be as a Shibboleth, a mark of di&s;tinction, between them|&s;elves and other men,<NOTE PLACE="marg">The en|gagement a mark of di&s;tincti+on.</NOTE> and that was the engagement for&s;ooth, whereby every man &s;hould promi&s;e to be true and faithfull to the Common-wealth of <HI>England,</HI> with|out a King or hou&s;e of Lords, and he that would not &s;ub&s;cribe to this, was forced either to fly, or which was as bad, to &s;tay at home, and have neither the benefit, nor the protection, of the law of the land, nor any advan|tage either of his liberty or E&s;tate; Now might you have &s;een <HI>Vice regnand,</HI> and nothing but Schi&s;me and faction Countenanced, now might you have beheld <HI>England,</HI> &s;ometime the Glory of the World, now become its by words, the name of Engli&s;h being among forreign Nations e&s;teemed as a crime &s;ufficient, &s;o did the Land mourn for oaths that &s;he was ready to vomit out her in|habitants, while the Juncto &s;till endeavour to palliate their villany, and to get allies among neighbour Princes and States, to many of whom they &s;end Emba&s;&s;adours (as they &s;tiled them) and were again reciprocally cour|ted and owned, and particularly by the Spanyard and the French; but the Dutch did &s;eem to be Men of a bet|ter mould and temper,<NOTE PLACE="marg">The dutch quarrel.</NOTE> and therefore having no better ground they quarrell for &s;uperiority; denying to vaill to the Engli&s;h, becau&s;e they were the younger State, yet &s;till owning that re&s;pect to the Monarchy: hereat the
<PB N="12" REF="288"> Engli&s;h (though yet but an) Embrio begin to &s;tartle, and weighing the un&s;etledne&s;s of their ba&s;is, and that all they had hitherto done was only dawbed together with untempered morter, they re&s;olve to try all wayes rather then fall out,<NOTE PLACE="marg">St. <HI>Johns</HI> &s;ent to treat, but returnes without doing any thing.</NOTE> and will &s;eek to gain that by Court&s;hip, which they are unwilling to hazard by force; as a fit Man for this work they pick out a pure Saint, Mr. <HI>Oliver,</HI> St. <HI>Johns,</HI> and di&s;patch him into <HI>Holland</HI> with, as large a train, as great State, and as full in&s;tructions as they could po&s;&s;ibly afford or invent, whether when he is come, he makes his addre&s;&s;e to the Lords States, but with &s;o little approbation and &s;ucce&s;s, that in a little time he began to grow weary of his bu&s;ine&s;&s;e, e&s;pecially, when the multitude began to grow clamourous again&s;t him, in&s;omuch that he dur&s;t hardly &s;tir abroad, &s;o that being both outworded, and outwitted, after many de|bates, brotherly expo&s;tulations, Declarations, and hearty de&s;ires to &s;mall (or rather indeed to no) purpo&s;e, he gravely makes his Congee, takes his leave and vani|&s;heth; The Juncto at his teturn, &s;omewhat di&s;contented at his fruitle&s;s Emba&s;&s;ie, yet finding no other remedy, and willing to make the be&s;t of a bad market, prepare for war, (for by this time the Dutch had begun both to affront them and &s;eize on what they could catch as lawfull prize) which &s;o vexed the Engli&s;h Puny State, that they pre&s;ently fall to an open war, the various &s;uc|ce&s;&s;es of which, and the lo&s;&s;es that accrewed thereby to each party by means of the &s;ame, I &s;hall not make the work of my pen, having only de&s;igned to delineate tho&s;e black deeds of impiety acted within the narrow limits of our <HI>England,</HI> by the horride&s;t crew of bloody mi&s;creants that were ever &s;pared by Divine vengeance from &s;udden de&s;truction.</P>
<PB N="13" REF="288">
<P>The Engli&s;h affairs and Government being thus wre&s;ted into the hands of a few de&s;perate per&s;ons,<NOTE PLACE="marg"><HI>Ireland</HI> looked at.</NOTE> the next thing aimed at is, the reducing of <HI>Ireland:</HI> for ef|fecting whereof they give a Commi&s;&s;ion to, and rai&s;e an Army under the Command of, <HI>Cromwell,</HI><NOTE PLACE="marg"><HI>Cromwell</HI> &s;ent to <HI>Ireland</HI> and prove Victori|ous.</NOTE> which he as &s;uddenly tran&s;ports thither, <HI>Ormond</HI> and <HI>Inchequeen</HI> ha|ving at that time all the Country in obedience to his Maje&s;ty, (&s;ave only <HI>Dublin kept</HI> by Col. <HI>Michael Jones,</HI> and <HI>London-derry</HI> by Sir <HI>Charles Coot</HI>) when lo, as it were to wellcome <HI>Cromwell, Jones,</HI> immediately before his ar|rival, had made way for him by the overthrow of <HI>Or|monds</HI> forces about <HI>Dublin:</HI> And now, as if fortune had already de&s;igned him the laurell, St. <HI>Charles Coot,</HI> in an other place at <HI>Londonderry,</HI> wor&s;teth a Second party, and the Earl of <HI>Ormond,</HI> and the Lord <HI>Inchequeen,</HI> ha|ving joyned their broken forces into a con&s;iderable &s;trength, are again together overthrown at <HI>Connaught.</HI></P>
<P>The concatenation of the&s;e &s;ucce&s;&s;es, together with the cruelty exerci&s;ed by <HI>Cromwell</HI> at the taking of <HI>Tre|dagh</HI> by &s;torm, where his rage &s;pared neither age nor &s;ex, a barbari&s;m &s;carcely u&s;ed by the very Turkes, ca&s;t &s;uch a Panick fear over the whole Nation, that the &s;trong holds fell into his power, like over-ripe fruit into the prepared hands of its ready gatherer.</P>
<P>So hidden and mi&s;ticall is the &s;eries of Gods provi|dence, that for a time, the mo&s;t enormous crimes are counted vertues, &amp; the poor loo&s;ing hone&s;t &s;oul con&s;train|ed to &s;toop and bow under the heavy yoke of a pre|vailing tyrant; yea Maje&s;ty it &s;elf enforced, (like the clouded Sun) compul&s;ively to hide his beams, and retire with his light for a while, as though it had been but borrowed, but as the Sun, &s;o Maje&s;ty can never be kept in perpetuall darkne&s;s: for by this time the Indepen|dent,
<PB N="14" REF="289"> who had for a &s;pace been chief, find a Competitor of the Leveller,<NOTE PLACE="marg">The Le|veller be|gins to <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">r.</NOTE> who re&s;olves either to &s;hare in the whole, and &s;o reduce and keep all in an equality, where|by him&s;elf may be one of the greate&s;t, or el&s;e to endea|vour to b<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ing back all into its originall channel, and to &s;hew they meant as they &s;aid, with better hearts then &s;uc|ce&s;s or &s;trength they ri&s;e in three or four places, for they are a&s;&s;oon qua&s;ht as &s;een, and them&s;elves and their de|&s;ign end both together: A garment of linnen and wool|len was forbidden to be worn by the Leviticall law, and I &s;uppo&s;e becau&s;e the mixture would be improper either for wearing, or hand&s;omne&s;s of &s;ight, in the &s;ame manner may I &s;ay of the Levelling faction, that though they in intent were reall for re&s;toring the King, yet God would not &s;uffer it to be brought to pa&s;s by &s;uch hands, that had been &s;o deeply dyed before in royall blood. The royal party though under hatches, and now &s;uffering for their loyalty, having pa&s;&s;ed and been refined in the fire of affliction mu&s;t be the Men, who&s;e un&s;pot|ted fingers &s;hall not only pull down the Idolized Babel of the Peoples imagination, but repair the decayed ruines of our broken Government, and rein&s;tate exiled Maje&s;ty upon its throne adorned with &s;afety, and with beauty both, and guarded with the &s;afe&s;t &s;trength of faithfull hearts and hands, better then walls of bra&s;s or formed troops of mercenary Souldiers.</P>
<P><NOTE PLACE="marg">Scots &s;end to the King.</NOTE>But that time was not yet come, although the Scots &s;ent a peculiar me&s;&s;enger, the Lord <HI>Libberton</HI> to the King, de&s;iring him among other things, that he would plea&s;e to appoint a place for a Treaty to be between his Maje&s;ty and his Kingdom of <HI>Scotland,</HI> which offer of theirs, was graciou&s;ly accepted, and a Treaty appoin|ted at <HI>Breda,</HI> on the 15th. of <HI>March,</HI> whither the Scots
<PB N="15" REF="289"> Commi&s;&s;ioners came the 16th. and on the 19th. fell to their bu&s;ine&s;s, neither would by any means relinqui&s;h their Presbytery though but in part, and as to the par|ticular per&s;on of the King him&s;elf, whom they &s;trongly bound up to the Covenant, Directory and Catechi&s;mes,<NOTE PLACE="marg">Treaty at <HI>Bredah</HI> conclu|ded.</NOTE> whereto his Maje&s;ty; after many long and &s;erious debates, having unwillingly con&s;ented. The Scots on their part did promi&s;e. 1. That his Maje&s;ty &s;hould be admitted to the throne of <HI>Scotland.</HI> 2. That his Rights then &s;hould be by Parliament, recovered from the hands of U&s;urpers, and 3. That they would a&s;&s;i&s;t to bring the murtherers of his Father of ble&s;&s;ed memory, to condigne puni&s;hment, and to re&s;tore him to his Native Kingdom of <HI>England.</HI></P>
<P>A happy, Omen, &s;urely was this promi&s;e and un|dertaking hoped to be, and &s;o indeed it might have proved, if it had been gained from any but the wor&s;t of Scotch-men, the Presbyterians, for, at the very &s;ame time as it were, when they had concluded the Treaty, and thus highly promi&s;ed the King as is before mentio|ned, I &s;ay at the &s;ame time, having gotten the famous Marque&s;s of <HI>Montro&s;s</HI> into their hand, who&s;e only fault was Loyalty to his Prince, having brought him with as much ignominy as they could devi&s;e to <HI>Edenburgh,</HI> they there charge him for keeping away the King (ob&s;erve the King was now upon the point of coming to them) from his &s;ubjects. 2. For the invading that Kingdom. 3. For all the murders in the war, and for wa&s;t upon <HI>Argiles</HI> E&s;tate, &amp;c.</P>
<P>Mark, here I pray,<NOTE PLACE="marg"><HI>Montro&s;s</HI> murthe|red and the rea|&s;ons thereof.</NOTE> <HI>Montro&s;s</HI> mu&s;t be murthered (the be&s;t &s;ubject the King had in <HI>Scotland</HI>) and ju&s;t when the King is ready to come thither, (as if it were done in de&s;pight to him) but why? for keeping away the King?
<PB N="16" REF="290"> No, he had promi&s;ed to be with them with all &s;peed, which <HI>Montro&s;s</HI> in pri&s;on could not have hindred. Was it for inva&s;ion? alas neither, for he had none but his own Countrymen, and of them but a very few and they quickly, and ea&s;ily defeated; what, was it for then, for muder? alas neither, what then? O! here's the Divel that murthered the famous <HI>Montro&s;s,</HI> for wa&s;te upon <HI>Argiles</HI> E&s;tate; <HI>Argile,</HI> I &s;ay that underminer of his Soveraign, who in a &s;hort time after, upon his ar|rival, was by the means and in&s;tigation of him, upon pretence of non-performance by the King, left de&s;ti|tute either of friends (whom they bani&s;hed from his Court,<NOTE PLACE="marg">The K. in <HI>Scotland.</HI> held to hard meat.</NOTE>) means, (which they curtailed him of) and &s;trength (allowing him neither a Souldier nor a gari&s;on, nay not a town where he might with &s;afety repo&s;e his head); things being at this pa&s;s, and his Maje&s;ty with much adoe gotten into <HI>Scotland</HI> as afore&s;aid, which the Juncto at <HI>We&s;tmin&s;ter,</HI> having perfect intelligence of, and weighing with them&s;elves that promi&s;e of the Scots, to bring the murtherers of the Kings Father, to con|dign puni&s;hment, they begin to think it high time, to provide for their own &s;afety, in con&s;ulting whereof, after much time &s;pent, it is re&s;olved the &s;afe&s;t, wi&s;e&s;t, and to them lea&s;t chargeable cour&s;e to wait, on the Ene|my in his own Country, whereby they carried the war from home, and not to &s;tay for him to bring it to their own doors.</P>
<P>As a &s;trong motive to this, ju&s;t at the in&s;tant, they di&s;cover that many of the Presbyterians of <HI>England;</HI> had by their agents agreed with the Scots at <HI>Bredah,</HI> to re-e&s;tabli&s;h his Maje&s;ty in all his Dominions: Whereup|on many eminent per&s;ons are &s;eized on, and among them, Mr. <HI>Ca&s;e,</HI> Mr. <HI>Jenkins,</HI> Mr. <HI>Jack&s;on,</HI> Mr. <HI>Love,</HI> &amp;c.
<PB N="17" REF="290"> Which Mr. <HI>Love</HI> together with one Mr. <HI>Gibbons</HI> &s;uffered death together on <HI>Towerhill,</HI><NOTE PLACE="marg">Mr. <HI>Love</HI> and <HI>Gib|bons</HI> be|headed.</NOTE> at the earne&s;t &s;ute of <HI>Crom|well,</HI> prote&s;ting he would not march into <HI>Scotland,</HI> un|le&s;s they were cut off: Being moved hereby as well as by their own fear and guilt,<NOTE PLACE="marg">Cromwell <HI>invades</HI> Scotland.</NOTE> his Maje&s;ty is &s;carce in <HI>Scot|land,</HI> but <HI>Cromwell</HI> is at the borders with 16000. Hor&s;e and Foot, on their behalf; to whom <HI>Le&s;lly, L. G.</HI> of the hor&s;e, which were now rai&s;ed, after &s;ome expo&s;tula|tions by Letters and Declarations, &s;ends word that he is in armes upon the account of the good old cau&s;e, and not upon the account of the King,<NOTE PLACE="marg">Scots di|vided a|mong them|&s;elves.</NOTE> whom he cleerly di&s;|owned; <HI>Straughan</HI> and <HI>Ker,</HI> not only di&s;own the King, but &s;ay po&s;itively they will fight again&s;t him, &s;o that now it was not <HI>Bellum Regale,</HI> a war to maintain the Kings honour, and the points of the treaty, but <HI>bellum Presbyteriale,</HI> a war for the Kirke of <HI>Scotland,</HI> again&s;t the Independent faction of <HI>England</HI> (tho&s;e two great parties being come now to a &s;econd conte&s;t for &s;uperiori|ty) for <HI>Leven</HI> commanded the Foot, and <HI>Le&s;lly</HI> as I &s;aid before the hor&s;e, and the&s;e two unaminou&s;ly drew out again&s;t <HI>Cromwell,</HI> and fought him within &s;ix miles of <HI>Edenburgh,</HI> though to little purpo&s;e, for he immedi|ately after became Ma&s;ter of the field,<NOTE PLACE="marg">1. Fight at <HI>Eden|burgh.</HI></NOTE> and took Garri|ri&s;ons, as fa&s;t as he came to them, defeating them at <HI>Mu&s;&s;elbourgh,</HI> and pur&s;uing them to <HI>Pentlan-hills,</HI><NOTE PLACE="marg">2. Fight at <HI>Mu&s;|&s;elbourgh.</HI></NOTE> where the Scots had him in a &s;traight, and might have de&s;troy|ed him, but the certainty as they thought of the victory, cau&s;ed them to delay, by which, and the fatal nece&s;&s;i|ties of &s;ickne&s;s, hunger and cold pre&s;&s;ing upon <HI>Cromwells</HI> Army, made them choo&s;e rather at one fight de&s;perate|ly to hazard all, then timourou&s;ly to become the &s;corn of an in&s;ulting foe, which they knew they &s;hould find: following this re&s;olve with diligence, they whi&s;per about
<PB REF="291"> the word to each other, in the mid&s;t of a dark and rainy night, they crept up the hill and fell on the Scots &s;o &s;uddenly and beyond expectation, that they were di&s;|ordered by the fir&s;t attempt, yet by rea&s;on of, their mul|titudes,<NOTE PLACE="marg">3. <HI>Dunbar</HI> fight and totall de|feat.</NOTE> and a little courage, they held up a while, till &s;urrounded on the back by <HI>Cromwells</HI> hor&s;e, the Scots hor&s;e affrighted, begin to retreat, and &s;oon after to flie in good earne&s;t, leaving their foot to mercy, who were taken in greater numbers then the Engli&s;h Army con|&s;i&s;ted of; the Independent power by this victory being ab&s;olute conquerors,<NOTE PLACE="marg">King in the North of <HI>Scotl.</HI> private.</NOTE> and the Presbyterian pride laid groveling in the du&s;t.</P>
<P>During this quarrell between the &s;aid two factions, the King (as di&s;owned &s;o) not intere&s;ted therein, retires fir&s;t to St. <HI>Johnstons,</HI> and after that, privately into the North of <HI>Scotland,</HI> where he continued, expecting what God would do for him; a&s;&s;uring him&s;elf that this de|feat at <HI>Dunbar</HI> (as things then &s;tood) could not be for his prejudice:<NOTE PLACE="marg">King &s;ent to and re|turnes.</NOTE> which indeed, quickly fell out accor|ding to his expectation; for the Scots upon that over|throw were &s;omwhat humbled in Spirit, and now be|gan again to think of their late abu&s;ed King, wi&s;hing in their hearts he were among them, (fearing to &s;peake the truth) lea&s;t he would have joyned with Northern and loyal Highlanders, to prevent which they &s;end <HI>M. G. Montgomery</HI> with forces to intreat his Maje&s;ties return, who finds him out, and affectionately delivers his me&s;|&s;age: which the King received even with joyfull tears, as minding the ju&s;tice of God upon tho&s;e perfidious Scots, who&s;e pride in &s;ucce&s;s carried them beyond all bounds of allegiance (and like a &s;tubborn child mu&s;t be &s;oundly whipt ere they will kneell and the good manners they obtain mu&s;t be beaten into them): Yet he accepts
<PB REF="291"> of their reque&s;t, and accordingly goes towards them. Who but &s;o good a King would have expo&s;ed him&s;elf to &s;uch mens tru&s;t, in &s;o dangerous a time? <HI>Innocentia est &s;ibi munimentum,</HI> for he re&s;olves to return.<NOTE PLACE="marg">King crowned.</NOTE> Upon notice hereof and his arrivall, the Parliament addre&s;s them|&s;elves to him, and appoint the time for his Coronation: which was accordingly with much State, pompe and Ceremony, performed on the fir&s;t of <HI>January</HI> follow|ing at <HI>Schone;</HI> the particulars whereof I &s;hall not enter upon, &s;everall relations thereof being already extant.</P>
<P>His Maje&s;ty thus inve&s;ted in his throne, undauntedly proceeds to &s;ecure both his per&s;on and Kingdom:<NOTE PLACE="marg">K. rai&s;eth an army.</NOTE> to which end he begins to rai&s;e and levy an Army, both of hor&s;e and foot, which in &s;hort time, by the conflux of loyal hearts from all parts, became even formidable to its Enemies, e&s;pecially having their Prince engaged in per&s;on, (who&s;e every hair was valued at ten thou&s;and lives) and an equall &s;harer with them in all things. As they did encourage the hearts, and &s;trengthen the hands of all that were faithfull, &s;o they were a torment of Spi|rit to the in&s;ulting Enemy, who for the pre&s;ent, &s;eeing that force alone would not &s;erve the turn, politickly re|&s;olves, to undermine and weaken them by divi&s;ion a|mong them&s;elves, knowing that rule to be true, <HI>Divi|de &amp; impera,</HI> and indeed &s;o it proved: for with &s;o much divelli&s;h cunning did the Engli&s;h work,<NOTE PLACE="marg">Scots di|vided.</NOTE> that they procu|red <HI>Straughan</HI> with &s;ome forces together with <HI>Ker</HI> to de|clare again&s;t the King, La&s;tly with others, &s;tand for Kirk and King. But <HI>Brown, Middleton,</HI> &amp;c. with the be&s;t and hone&s;t part of the Army, vow to &s;acrifice their Lives and E&s;tates in defence of the Kings per&s;on. In this tottering and un&s;table condition &s;tood affairs, when <HI>Cromwell</HI> alwayes mindfull to lay hold on the fir&s;t advan|tage,
<PB N="20" REF="292"> and being certainly informed of the height and heat of the&s;e divi&s;ions, he takes time by the forelock, and &s;triking while the Iron was hot, he &s;ends to <HI>Straughan</HI> and wins him over to him, to fight again&s;t his lawfull Soveraign, rejoycing to have debauched &s;uch a Souldier, who&s;e infidelity mu&s;t now make him &s;ure to <HI>Cromwell,</HI> not daring to rely on the good of tho&s;e whom he had &s;o trayterou&s;ly deceived; the remaining two parties, continuing yet in their feuds, are at length, to prevent the de&s;truction of both,<NOTE PLACE="marg">The roy|ali&s;ts and Kirk re|conciled.</NOTE> by the care of the Parliament then &s;itting taken into con&s;ideration, and reconciled by the equal di&s;tribution of commands, upon the mo&s;t eminent per&s;ons of both factions; under one only head and Generall commander, which was the King him&s;elf. By this union being again become con&s;iderable, yea and indeed in a po&s;ture of defence, the King deliberately &s;ets forward toward the Enemy, who hearing of it, with more, both fury and expedition marcheth to meet him. And here you might have ob&s;erved the different means u&s;ed by two potent armies to de&s;troy each other, <HI>Cromwell</HI> would ruine the King by fighting, the King endeavours to conquer <HI>Cromwell</HI> by delaying: never were <HI>Hanniball</HI> and <HI>Fabius</HI> &s;o truly patterned as at this time, for the King knowing it to be an invading Army, took the be&s;t means to break it by delayes, getting a|way all provi&s;ion, that the Enemy might have no for|rage, and as occa&s;ion &s;erved, giving ground, till &s;ome notable advantage might be found, as might give an hopes if not an a&s;&s;urance of a victory; and according to expectation &s;o had it proved, for being de&s;irous to fight, and hearing the King intended to pa&s;s at a cer|tain narrow I&s;land,<NOTE PLACE="marg">Fight in life.</NOTE> thither he commandeth two Regi|ments again&s;t whom <HI>Brown</HI> did march with five or &s;ix,
<PB N="21" REF="292"> fell on them, and in probability had de&s;troyed them ut|terly, had not relief come with &s;peed, and in the nick of time, whereby after a hot and eager fight for &s;ome hours, both parties retreated with no &s;mall lo&s;s to ei|ther, yet &s;uch was the fortune of that ambitious wretch <HI>Cromwell,</HI> that notwith&s;tanding this, and that his Ma|je&s;ty had &s;till a good Army in the field, he over-ran the whole Country and conquered with le&s;s difficulty than he marched; which his Maje&s;ty perceiving, he re&s;olves on new de&s;ignes, and accordingly within a &s;hort time, with his choy&s;e&s;t friends and the remains of his Army amounting to 16000. he privately, gives <HI>Cromwell</HI> the go-by, and marches by <HI>Carli&s;le</HI> into <HI>England:</HI><NOTE PLACE="marg">K march|es into <HI>England.</HI></NOTE> &s;o have I &s;een a bird decoy the greedy fowler from her loved ne&s;t, by a &s;eeming neglect thereof in the retiring from it.</P>
<P>It was generally believed that the Kings arrivall in <HI>England</HI> would have been a motive to all that loved him to &s;tir and &s;hew them&s;elves in armes for his defence, but &s;uch was their hard fate and &s;ad mi&s;ery at that time, that they dur&s;t not &s;tir, the yoke lay &s;o heavy, that it was impri&s;onment if not death, but to look towards the King, yet maugre all devices again&s;t him, he came through all the North into <HI>Warrington</HI> in <HI>Lanca&s;hire,</HI><NOTE PLACE="marg">K. wins <HI>War<GAP DESC="illegible" EXTENT="1 letter">ing|ton</HI> bridg.</NOTE> where at a bridge the pa&s;&s;age was di&s;puted with the Enemy, who did endeavour to break it down, but with &s;uch advantage, that the Rebells were forced to fly and leave the King ma&s;ter of the place,<NOTE PLACE="marg">Comes to <HI>Worce&s;ter.</HI></NOTE> from whence with his whole Army he marched towards <HI>Worce&s;ter,</HI> where contrary to the rules, both of rea&s;on and war, and con|trary to his own mind and re&s;olution, over&s;wayed by the treacherous Coun&s;el and per&s;wa&s;ions of &s;ome too neer, and in too great command about him, he &s;tayed. what might be the motives to delude the King into &s;uch
<PB N="22" REF="293"> a trap the <HI>L. G.</HI> is better able to give account off than my pen; but where trea&s;on lies in the heart, there mu&s;t all things of force be bad, no relations, ties, or duty can hold or convince him who hath &s;old his con&s;cience. A|bout this time, the whole Kingdom, having taken the Alarum, run in troups and multitudes, &s;ome one way, &s;ome another, &s;everall of the Gentry, particularly the Earls of <HI>Derby</HI> and <HI>Cleveland,</HI> the Lord <HI>Howards</HI> El|de&s;t Son, Collonel <HI>Howard,</HI> with many others bring what &s;trengths, in &s;uch a confu&s;ion of affairs and &s;treight of time, they could gather together, but to lit|tle purpo&s;e: for they are as it were be&s;ieged within the City of <HI>Worce&s;ter,</HI> all the Counties of <HI>England</HI> having powered out their auxiliary forces again&s;t that place, to heighten and increa&s;e who&s;e malice <HI>Cromwell</HI> is &s;ent to head them. Now might you have &s;een <HI>Herod</HI> and <HI>Pon|tius Pilate</HI> reconciled, and both again&s;t Chri&s;t: Tho&s;e two re&s;tle&s;s and adver&s;e factions, the Presbyterian and In|dependent faction, could joyn together, both in their armes, and prayers again&s;t his &s;acred Maje&s;ty, belching forth the &s;candalous language of their ulcerous tongues to incen&s;e the People, and bring them into frenzy again&s;t tho&s;e few poor de&s;pi&s;ed loyall ones, &amp; &s;o indeed they did; tho&s;e very pretended Mini&s;ters not only preaching, but largely contributing to the rai&s;ing of more forces from day to day, yea &s;ome of them going in per&s;on to a&s;|&s;a&s;inate the poor inclo&s;ed Royali&s;ts, who yet re&s;olved, that though they fore&s;aw their ruine, as not being able without a miracle to cope with &s;uch an innumerable multitude, they would &s;ell their lives at a dear rate, and make &s;ome of the purcha&s;ers at lea&s;t &s;hare in an equall fate with them, and &s;o in truth they did. For <HI>Cromwell</HI> now being very neer, commands <HI>Lambert</HI> to
<PB N="23" REF="293"> take and &s;ecure <HI>Hopton</HI> bridge,<NOTE PLACE="marg"><HI>Worce&s;ter.</HI> fight.</NOTE> in the defence of which pa&s;&s;age <HI>Ma&s;&s;ey</HI> &s;hewed both much courage and experience, though forced to retreat thence and leave the &s;ame unguarded, being over-powered with <HI>Lamberts</HI> multitudes: after which, for a Day or two, there hap|pened diver&s;e Skirmi&s;hes with as various fortune as is u&s;uall at &s;uch times; but <HI>Cromwell</HI> not brooking &s;uch de|layes (as fearing they might prove dangerous, if any part of his forces &s;hould bethink them&s;elves) re&s;olves upon one generall attempt: and to find work for all hands, him&s;elf falls on upon one &s;ide, and <HI>Fleetwood</HI> on the other, &s;o that now ther's nothing but rage, &s;laughter, and blood, the loyall Highlanders even &s;tanding to fight when they had lo&s;t their legs, not at all daunted at the &s;everall horrid &s;hapes-Death pre&s;ented him&s;elf to them in, but covering the ground with their &s;laughte|red bodies, in death made good that place, which in life they undertook to defend: while the increa&s;ing En|emy by his numbers, rather killing then conquering, their fear and guilt guiding them to exorbitances, which the other valiant, though dying &s;ouls were not capable of, proving that maxime true, that fear is farr more painfull to cowardi&s;e, than death to a true courage. But <HI>Actum est,</HI> their end is concluded, the decree is gone forth: &s;o after &s;everall routs and rallies, a generall de|feat &s;ucceeds with the death of between 4000. and 5000. and about 7000. or 8000. taken pri&s;oners, the pur&s;uite being both hotly and eagerly pur&s;ued, each villain hoping to enrich him&s;elf by &s;eizing on the Royal pray. But Heaven had &s;ent a Guardian Angell to pro|tect him, that at length he may once more come and be the re&s;torer, both of our peace, Religion, and Li|berty. I &s;hall not mention the means were u&s;ed, or the
<PB N="24" REF="294"> Spirits which God rai&s;ed up to be in&s;trumentall, in that miraculous deliverance, let it &s;uffice they have their honour and reward, and ble&s;s we Cod; who hath made us worthy to be partakers of the ine&s;timable good that hath accrewed thereby, invoking Heaven to crown his life with length of dayes and health, and to &s;ettle his throne by a decree as unalterable as that of the Earth which cannot be moved.</P>
<P>Thus once more we &s;ee Rebellion flouri&s;h and ap|plauded; for after this, the &s;eeds of ambition begin to grow higher in <HI>Cromwell,</HI> it is not enough that his facti|on is the &s;tronge&s;t, and he the head of it, unle&s;s he may as well govern as command: The military &s;word will not &s;atisfie him, he mu&s;t and will al&s;o have the civill; but as he &s;ees it mu&s;t not be done ra&s;hly or &s;ud|denly, lea&s;t he &s;hould mi&s;carry, &s;o knowing that fair and &s;oftly goes farr, and <HI>festinare lente</HI> is the be&s;t ha&s;t, he concludes in his heart either to have all at his own book, or dye in the attempt; and the better to moddell his de&s;ign according to his re&s;olution, he comes to the Juncto, gives them account of all his tran&s;actions, and &s;o in&s;inuates into them that he g<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ts his Son <HI>Ireton</HI> to be made Deputy of <HI>Ireland,</HI><NOTE PLACE="marg"><HI>Cromwels</HI> policy and pow|er.</NOTE> and intru&s;ts <HI>Scotland</HI> into the hand of <HI>L. G. Moncke,</HI> a revolted Cavalier, by which two per&s;ons in a &s;hort time he &s;o roughly handled both tho&s;e &s;aid Nations, that they were redu|ced to as perfect a &s;lavery as could be imagined.</P>
<P>Upon con&s;ideration of the&s;e &s;ucce&s;&s;es on all hands, he begins now more publickly to unmask him&s;elf; As General he places and di&s;places Officers in the Army at his plea&s;ure, untill he have &s;o fitted them to his own humour, that he dares begin to take them into his Councill, where the fir&s;t thing re&s;olved is, &s;till to hold
<PB N="25" REF="294"> up the mask of religion, there is no bait &s;o catching to the vulgar: religion therefore mu&s;t be cried up, methinks I &s;ee <HI>Cromwell,</HI> like <HI>Catiline</HI> at <HI>Rome,</HI> with all his crew of bankrupt and much worn Officers about him, &s;peak|ing to them thus. Surely I need not tell you the great things the Lord hath done for us, your &s;elves are wit|ne&s;&s;es thereunto: I confe&s;s, our actions &s;eem not to a|gree to our profe&s;&s;ions, but tis no matter, let People &s;ay what they will, &s;o we be &s;till gainers, let Govern|ments totter and fall, the whole World be made but one Enthu&s;ia&s;me, or reduced into its primitive <HI>Chaos,</HI> rather than we &s;hall now loo&s;e or hold, yet &s;till the mask of zeal mu&s;t be kept on that we may not appear in our naturall colours, villains <HI>ab origine;</HI> By the&s;e and the like words is that vicious brood &s;oon in&s;tigated to act what his ambition dares command.</P>
<P>Now was he grown &s;o lofty and imperious that he e|ven growes weary of the Juncto, and e&s;pecially be|cau&s;e they were at the pre&s;ent the main barr that hin|dred his greatne&s;s: To remove therefore that ob&s;tacle, on the twentieth of <HI>Aprill</HI> 1653. early in the morning he &s;eazes the keys of the Parliament hou&s;e,<NOTE PLACE="marg">Long Parlia|ment turned out.</NOTE> &s;huts up the doors, and tells the Members that they mu&s;t come no more there, having already &s;ate too long, meriting rather puni&s;hment than applau&s;e, being no other than an a&s;&s;embly of Whorema&s;ters, Drunkards, Hypo|crites, Knaves and Oppre&s;&s;ours; thus was the pretence of the Parliament taken away, and no face of Govern|ment vi&s;ibly appearing: Never was the faults of U&s;ur|pers with more bitterne&s;s laid open than now by him, whom we &s;hall &s;hortly, as tran&s;cendently, to out-do them in all acts of Tyranny and U&s;urpation, as the brighte&s;t beams of a midday &s;un excell the glimmering
<PB N="26" REF="295" MS="y"> light of a midnight candle. Tis true as <HI>Seneca</HI> &s;aith, <HI>Nul|la tam mode&s;ta est faelicitas ut malignitatis dentes vitare po&s;&s;it,</HI><NOTE PLACE="marg"><HI>Sen.</HI> ep. 3.</NOTE> there ever was and ever will be &s;ome murmurers at pre&s;ent Governours, but &s;o far were either they, or he from being belyed, that unle&s;s a Man do &s;peak all that may be imagined evill, he mu&s;t needs fall &s;hort of their wickedne&s;s,</P>
<P>The Government being thus altered, fir&s;t by laying a|&s;ide and murthering their lawfull Soveraign, then by &s;ifting and purging the Parliament, till loo&s;ing its origi|nall, it either became as nothing, or at the be&s;t but a Juncto, and when it would no longer &s;ute with <HI>Cromwells</HI> ambitious ends and &s;oaring thoughts by turning it ab|&s;olutely out of doors; At la&s;t after much pretended &s;eeking of God by dayes of humiliation, <HI>Cromwell</HI> for|&s;ooth is coun&s;elled to call together an a&s;&s;embly of men, picked out and called as fit for his de&s;ign. The&s;e he &s;ummons together by a Letter under his hand and &s;eal directed to each &s;ingle Man;<NOTE PLACE="marg"><HI>Barchones</HI> Parlia+ment.</NOTE> who (in their way of can|ting) admiring at the great goodne&s;s of God, that had put it into the Generalls heart to &s;elect them to &s;o great a work as the &s;ettlement of the Kingdom, and to &s;hew their skill, and as an E&s;&s;ay of their zeal, they fir&s;t vote down all Tythes, di&s;courage the Mini&s;try, abu&s;e the Univer&s;ities, and endeavour to aboli&s;h the law, and con&s;equently to take away all propriety. By which Acts the Nation beginning to be &s;en&s;ible of the Divel, where with they were po&s;&s;e&s;&s;ed, did frown upon them, which &s;o di&s;animated our Fanatick Enthu&s;ia&s;ts, ha a he very fir&s;t bla&s;t they left the helm, and like good boyes and well-taught, having drawn up formally an in&s;trument under their hands and Seals, they repair to <HI>Cromwell,</HI> and (according as the de&s;ign was laid) together with the
<PB N="27" REF="295"> &s;aid in&s;trument deliver and re&s;ign the Government to him and his Councill,<NOTE PLACE="marg">They re|&s;ign to <HI>Cromwell</HI></NOTE> who (though at fir&s;t he &s;eeming|ly denyed) yet immediately after, with much &s;olemnity he accepts thereof, before the Mayor, &s;ome Aldermen, &s;ome Judges, and the Officers of the Army. Having thus far per<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ected his devilli&s;h de&s;ign, and made all his own, by modelling the Army under the command, of his own Creatures; &s;etling the Government of <HI>Ire|land,</HI> upon his Son <HI>Harry,</HI> and <HI>Scotland</HI> reduced to obey and &s;ubmit to him: It is now thought fit he &s;hould de|clare him&s;elf,<NOTE PLACE="marg"><HI>Cromwels</HI> fir&s;t Par|liament do no|thing.</NOTE> which to plea&s;e and gull the people the better, he does by aba&s;ing him&s;elf, and calling (as he termed it) a Parliament, to meet on the Third of <HI>September</HI> 1654. Which it did, but the poor animalls not having well conned their le&s;&s;on before-hand, were, &s;u&s;pected dull, and turned a grazing to get more un|der&s;tanding, the very fir&s;t in&s;tant he might lay hold on to do it; By which means once more all pretence of Government being utterly aboli&s;hed, he him&s;elf playes Rex, and by an arbitrary power beyond, without, and a|gain&s;t, law, doeth what he li&s;t,<NOTE PLACE="marg">Major Gen. &s;et up.</NOTE> by Mayor-Generals (a name in <HI>England</HI> unknown) oppre&s;&s;ing the Country, robbing the Gentry, &s;poiling all, and murdering many, &s;o that none dur&s;t &s;ay what doe&s;t thou? A que&s;tion was converted into a plot, and to deny a tax merited de|cimation. It was not enough, to have &s;uffered all for|mer rapines, impri&s;onment and plunderings, fines and taxes, but at la&s;t we mu&s;t all be decimated. We were <HI>tanquam Oves</HI> de&s;tined for &s;laughter, and &s;uch was our mi&s;ery there was none to redeem: &s;ad te&s;timonies whereof were <HI>Gerard, Grove</HI> and others about this time, who&s;e blood only could expiate a crime they never thought or were guilty off.</P>
<PB N="28" REF="296">
<P>In this unlimited po&s;ture of arbitrary power did the the Kingdom &s;tand, when that Arch-Machiavilian <HI>Cromwell</HI> adding &s;trength to the wings of his ambitious mind &s;oared an Eagle-height, and made all the circum|ference of his actions to center at the royall State, think|ing with a gra&s;p of the Scepter to ennoble his name and family, not minding either the danger of the pa&s;&s;age or the &s;lipperrine&s;s of the &s;tation, when arrived at the top: And indeed &s;uch was his fortune that he did a&s;cend the throne, in which it was for the future, his re&s;tle&s;s endeavour to &s;ettle him&s;elf and his po&s;terity, and the better to ca&s;t a &s;eeming glo&s;s of legality upon his u&s;ur|pation,<NOTE PLACE="marg"><HI>Cromwels</HI> &s;econd Parlia|ment confirm him as Pro|tector.</NOTE> he &s;ummons another Parliament, in the Year 1656. hoping thereby to work his ends un&s;een, and &s;o he did (as to the vulgar eye) for &s;oon after their meet|ing and fir&s;t triall of their temper, he &s;o moulds them to his own humour by a recognition, that they are over|ha&s;tily delivered of a &s;trange abortion, by them called the petition and advice, &amp;c. in which with much &s;o|lemnity, though damnable hypocri&s;ie, they de&s;ire him to be King, but in more general terms to take upon him the government, and be chief Magi&s;tate, which he very gravely con&s;idering of diver&s;e dayes, returnes his denyall, in part, but withall in&s;inuates in part, his willingne&s;s to be &s;etled Lord Protector, at which newes his faction rejoycing, (with many Eulogies for his humility in refu&s;ing the King&s;hip) he is by the &s;aid Parliament, who adjourned for the &s;ame end, &s;olemnly in&s;talled Protector at <HI>We&s;tmin&s;ter</HI> by <HI>Widdrington,</HI> who was the Speaker to that convention, by <HI>Whitlock, Li&s;le, Warwick,</HI> &amp;c. And upon their re&s;i&s;ting, he is petitio|ned to accept of almo&s;t two millions, by the year for his &s;upport, to maintain a crew of idle wenches his
<PB N="29" REF="296"> daughters, who&s;e pampered lu&s;ts were grown almo&s;t in&s;atiable) 2. To erect a new hou&s;e of Lords of his own Creatures, who being indebted to him for their rai&s;ing, dur&s;t do no other than by a &s;lavi&s;h &s;ubmi&s;&s;ion, perform his tyrannous will, 3. To name his &s;ucce&s;&s;or, that &s;o he might entail his yoke of tyrannical U&s;urpation and &s;lavi&s;h oppre&s;&s;ion on the Kigdom, and &s;everall o|ther things: which with much adoe, after many per|&s;wa&s;ive intreaties and much unwillingne&s;s, God knowes) he accepts of.</P>
<P>No &s;ooner is this done,<NOTE PLACE="marg">The &s;aid Parlia|ment di&s;|&s;olved.</NOTE> but the fox laughs in his &s;leeve to &s;ee how he has cheated the Parliament. And there|fore to make them know their rider, after a few words of exhortation to them of the want of them in the Country, and the nece&s;&s;ity of their retiring thither for the peace of the Nation, with a friendly nod he di&s;|mi&s;&s;eth them and &s;ends them home.</P>
<P>Thus with much cunning and di&s;&s;imulation having attained the perfection of his de&s;ires,<NOTE PLACE="marg"><HI>Cromwell</HI> &s;eeks to &s;trength|en him|&s;elf.</NOTE> knowing that &s;uch greatne&s;s mu&s;t be upheld with allies, and every no|ble coat of armes mu&s;t have his &s;upporters, he &s;trength|ens him&s;elf at home, by intermixing with noble blood marrying own of his Daughters to the Lord <HI>Faulcon|bridge,</HI> and an other to the heir apparent of the Earl|dom of <HI>Warwick,</HI> the later of which though in the prime of his youth, finding the di&s;agreement between N<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ble and Rebell blood, was &s;oon over-heated and by the &s;uddenne&s;s of his death left his wife the widow of a loathed bed. In the next place he &s;eeks friend&s;hips and leagues abroad, and intending to clo&s;e with <HI>France,</HI><NOTE PLACE="marg">He clo|&s;eth with <HI>France.</HI></NOTE> he directly quarrels with the <HI>Spanyard,</HI> and affronts him in &s;everall places near about one time, particular|ly he &s;ends one part of the Fleet under the command
<PB N="30" REF="297"> of <HI>Pen</HI> to <HI>Hi&s;paniola,</HI> but with &s;o little di&s;advantage that he was enforced to retreat thence, with no &s;mall lo&s;s, falling &s;oon after on <HI>Jamaica</HI> with better &s;ucce&s;s, win|ning a part thereof, though mo&s;t incon&s;iderable, the whole I&s;land being not worth the tenth part of the blood and trea&s;ure it hath co&s;t this Kingdom, being no way at all &s;erviceable, either for the advance or &s;e|curity of trade in tho&s;e parts; <HI>Mazarine</HI> in <HI>France,</HI> finding the benefit of the&s;e helps, upon the very fir&s;t motion &s;trikes with him a league offen&s;ive and defen|&s;ive, <HI>Cromwell</HI> promi&s;ing to a&s;&s;i&s;t the French with 7000. Men to maintain the war again&s;t the <HI>Flanders:</HI> which at this time he &s;ent, they proving &s;o helpfull by their valour, that in a &s;hort time they gain <HI>Mardike, Gravelin,</HI> and <HI>Dunkirke,</HI><NOTE PLACE="marg"><HI>Dunkirke</HI> gained.</NOTE> the la&s;t of them according to articles, being delivered up to the Engli&s;h, in who&s;e hand it yet re|mains. In the <HI>interim</HI> while the&s;e things were tran&s;act|ing, <HI>Cromwell</HI> &s;u&s;picious of every bla&s;t of wind, and fear|full of every motion, contrives in him&s;elf to take off two or three of the mo&s;t eminent of the Kings party in <HI>England</HI> to daunt the re&s;t, among whom he &s;eparates one layman, Sir <HI>Henry Slingsby,</HI> and one Churchman, Dr. <HI>Hewit,</HI><NOTE PLACE="marg">Dr. <HI>Hew|its</HI> death.</NOTE> for the &s;laughter: and con&s;cious to him|&s;elf that they had done nothing contrary to the law of the land, he dur&s;t not try them by a Jury, but re-erects his mon&s;trous high Court of Ju&s;tice; before which be|ing brought, they denyed the authority thereof as un|warrantable, which &s;o wrought upon the patience of Mr. <HI>Li&s;le</HI> their bloodily learned Pre&s;ident and the re&s;t of the gange, that they (according as they were fore|in&s;tructed by their Ma&s;ter Divell <HI>Oliver</HI>) without any great matter of circum&s;tance condemne them both to be beheaded, which &s;entence was accordingly executed,
<PB N="31" REF="297"> on them the 8th. Day of <HI>June</HI> at <HI>Towerhill,</HI> notwith&s;tand|ing all the means their friends could u&s;e of engagements, per&s;wa&s;ions and money, and the deep, earne&s;t and con|tinued intreaties, &s;ollicitations and &s;upplications of Mrs. <HI>Claypoole</HI> his be&s;t beloved daughter,<NOTE PLACE="marg">Mrs. <HI>Cla|pooles</HI> death.</NOTE> for &s;o in|exorable he continued, that like the deaf adder he &s;top|ped his ears to the charmer, charme he never &s;o wi&s;ely: at which unheard of cruelty, and for that Dr. <HI>Hewits</HI> Lady (as is &s;aid) was then with child, Mrs. <HI>Claypoole</HI> took &s;uch exce&s;&s;ive grief, that &s;he &s;uddenly fell &s;ick, the increa&s;e of her &s;ickne&s;s making her rave in a mo&s;t lamentable manner, calling out again&s;t her Father for <HI>Hewits</HI> blood and the like, the violence of which ex|travagant pa&s;&s;ions working upon the great weakne&s;s of her body, carried her into another World, even at the heighe&s;t thereof.</P>
<P>No &s;ooner did <HI>Cromwell</HI> receive the deplorable newes of this &s;ad death of his Daughter, but him&s;elf falls into a de&s;perate melancholly, which never left him till his Death, which was not long after.<NOTE PLACE="marg">Ob&s;erve.</NOTE> Give me leave here to relate a pa&s;&s;age which I received from a Per&s;on of Quality, <HI>Viz.</HI> It was believed, and that not without &s;ome good cau&s;e, that <HI>Cromwell</HI> the &s;ame morning that he defeated the Kings Army at <HI>Worcester</HI> Fight, had conference per&s;onally with the Divell, with whom he made a contract, that to have his will then, and in all things el&s;e for &s;even years after from that time (being the Third of <HI>September</HI> 1651.) he &s;hould at the expi|ration of the &s;aid years have him at his command, to do at his plea&s;ure, both with his &s;oul and body. Now if any one will plea&s;e to reckon from the third of <HI>September,</HI> 1651. till the Third of <HI>September,</HI><NOTE PLACE="marg"><HI>Cromwels</HI> death.</NOTE> 1558. he &s;hall find it to a Day ju&s;t &s;even years and no more,
<PB N="32" REF="298"> at the end whereof he dyed but with &s;uch extremity of tempe&s;tuous weather, that was, by all men judged to be prodigious, neither indeed was his end more mi&s;erable, (for he dyed mad and de&s;pairing) than he hath left his name infamous; this was the end of our Engli&s;h <HI>Nero,</HI> and thus having laid the be&s;t foundations, his &s;hort and trouble&s;ome Reign would give leave to have continued his po&s;terity in the &s;ame unlimited Dominion, at his death, <HI>(&s;i ulla fides viris, qui castra &s;equuntur)</HI> declaring his elde&s;t Son <HI>Richard</HI> his &s;ucce&s;&s;our in his U&s;urpation. Leaving his Son <HI>Henry</HI> Lord Lieutenant of <HI>Ireland,</HI> and his Daughter <HI>Fleetwood,</HI> married to the Commander in chief of the Army un|der him&s;elf, and the only Man &s;u&s;pected for a Compe|titour in the Protector&s;hip, for <HI>Lambert</HI> had been laid a&s;ide long before as a per&s;on of too dangerous and a&s;|piring principles to be tru&s;ted.</P>
<P><NOTE PLACE="marg">Richard Cromwell <HI>Pro|tector.</HI></NOTE><HI>Richard Cromwell</HI> p e&s;ently a&s;cends the Throne, being but a private Gentleman of <HI>Hamp&s;hire,</HI> invited there|unto and incouraged by <HI>Fleetwood, De&s;borow, Sydenham,</HI> the two <HI>Jones, Thurloe,</HI> and others, the relations and confidents of his Father: His fir&s;t work is to take care for his Fathers Funerall, his corps being &s;hortly after interred among the Kings and Queens at <HI>We&s;tmin&s;ter,</HI> at a farr<NOTE N="*" PLACE="marg">29000 <HI>l.</HI> </NOTE> greater charge than had been u&s;ed upon like occa&s;i|ons in the riche&s;t times, death giving him that honour which he a&s;pired to, but dur&s;t not embrace in his life time, which &s;olemity <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">a&s;t, by the contrivance of the new Cour|tiers, congratulations are &s;ent (prepared at <HI>Whitehall</HI>) from mo&s;t of the Counties, Citties &amp; chief Townes of <HI>England.</HI> And from the Armies of <HI>England, Scotland,</HI> &amp; <HI>Ireland,</HI> with engagements to live and dye with him. Addre&s;&s;es from the Independent Churches, by Mr. <HI>Goodwine</HI> and <HI>Nye,</HI> their Metropolitans, and was indeed wor&s;hipped by
<PB N="33" REF="298"> many as the ri&s;ing Sun in our Horizon.</P>
<P>This Introduction being made for transferring the Go|vernment of the&s;e Nations, from the Royal family of the <HI>Stewarts</HI> to that up&s;tart of the <HI>Cromwells:</HI> it was thought fit, that a generall Convention,<NOTE PLACE="marg"><HI>Di<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ks</HI> Parlia|ment now mo|del ed.</NOTE> after the man|ner of a Parliament wi&s;ely cho&s;en by influences from <HI>Whitehall</HI> &s;hould be called, to meet the twenty &s;eventh of <HI>January,</HI> and (upon pretence of re&s;toring the peo|ple to their antient way of Elections, but reall) that the Court might command the more votes, the <HI>Bur|roughs</HI> al&s;o had writs &s;ent to them, and the Elections were all made in the antient way, only thirty member<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> were called by writs from <HI>Scotland,</HI> and as many from <HI>Ireland,</HI> according to the late combination of the three Nations into one Common-wealth.</P>
<P>This new kind of Parliament being met at the time and place appointed, God who had &s;o well ordered the Elections, notwith&s;tanding the practices of Men, that their Engli&s;h Spirit quickly appeared again&s;t Impo&s;itions, both from Court and Army,<NOTE PLACE="marg">Act of Recogni|tion.</NOTE> which being di&s;cerned by the Protector and his Grandees, a Recognition is &s;ent to them to be drawn into a bill, the debate whereof taking up a whole fourtnights time, and they &s;till remain|ing in a great &s;treight, till, by the expedient of an hone&s;t Gentleman, they were extricated thence by pa&s;&s;ing the&s;e votes on <HI>Munday</HI> the 14th. of <HI>February,</HI> 1658. without any divi&s;ion or negative.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="document">
<P><HI>Re&s;olved,</HI> that it be part of this Bill to Recognize and declare his Highne&s;&s;e <HI>Richard</HI> Lord Protector, and chiefe Magistrate of the Common-wealth of <HI>England, Scotland,</HI> and
<PB N="34" REF="299"> <HI>Ireland,</HI> and the Dominions and Territories thereunto belonging,</P>
<P><HI>Re&s;olved,</HI> that before this Bill be committed, the Hou&s;e do declare &s;uch additionall clau&s;es to be part of this Bill, as may, bound the power of the chief Magistrate, and fully &s;e|cure the Rights and Priviledges of Parlia|ment, and the Liberties and Rights of the People, and that neither this nor any other previous vote, that is, or &s;hall be, pa&s;&s;ed in order to this Bill, &s;hall be of force, or binding to the People, till the whole Bill be pa&s;&s;ed.</P>
</DIV1>
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</TEXT></Q>
<P><NOTE PLACE="marg">Commit|tee of in|&s;pection.</NOTE>This done, a Committee of In&s;pections is appointed to take a view of the accounts and revenue of the Common|wealth, &amp; twelve Members ver&s;ed in matters of account, were &s;elected and fully impowered for that work, in order to the le&s;&s;ening the charge of the Common-wealth.</P>
<P>On <HI>Saturday</HI> the 19th. of <HI>February,</HI> they re-a&s;&s;umed the debate upon the Act of Recognition and re&s;olved. That it be part of the bill to declare the Parliament to con&s;i&s;t of two hou&s;es:<NOTE PLACE="marg">Parl. to con&s;i&s;t of two hou&s;es.</NOTE> after which they fell upon the point of bounding the chiefe Magi&s;trates power and the bounds and powers of the other hou&s;e, the Pro|tectors party &s;tanding for the powers, given by the Peti|tion and advice, and the re&s;t of the hou&s;e with&s;tood it as of no value being obteined by force, by which force al&s;o thirteen hundred thou&s;and pounds a year was &s;etled
<PB N="35" REF="299"> for ever upon the &s;ingle per&s;on: and the ruling members of the other hou&s;e, being a hotch potch or medley of Officers of the Army, and Protectorian Courtiers, con|trary to the law of the land,<NOTE PLACE="marg">The o|ther hou&s;e de|bated.</NOTE> and to the en&s;laving of the people. By this means nothing being done herein as to the powers, the <HI>Cromwelians,</HI> that they might enforce &s;omething, propo&s;e the que&s;tion of tran&s;acting with the per&s;ons &s;itting in the other hou&s;e as an hou&s;e of Parliament, urging both law and nece&s;&s;ity for the &s;ame, yea threatning force from the Army upon refu&s;all; not|with&s;tanding all which a whole fornight the hone&s;t par|ty of the Hou&s;e thought of nothing le&s;s, a&s;&s;erting the undoubted Right of the antient Peers, and denying all the re&s;t, but &s;eeing nothing could be done till this was over, in a very full hou&s;e they came at la&s;t to this well qualified re&s;olve.</P>
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<DIV1 TYPE="document">
<OPENER>Re&s;olved.</OPENER>
<P>That this Hou&s;e will tran&s;act with the Per&s;ons now &s;itting in the other hou&s;e, as an hou&s;e of Parliament, during this pre&s;ent Parliament. And that it is not hereby intended to exclude &s;uch Peers as have been faithfull to the Parliament, from their priviledge of being duly &s;ummoned to be Members of that hou&s;e.</P>
</DIV1>
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</TEXT></Q>
<P>Herein may be &s;een &s;omething of the old Engli&s;h gallantry, for in this vote tho&s;e in the other Hou&s;e are not owned as Lords,<NOTE PLACE="marg">Not own|ed as Lords.</NOTE> (but called the Per&s;ons now &s;it|ting in the other Hou&s;e as an hou&s;e of Parliament) nei|ther
<PB N="36" REF="300"> would the Commons treat and confer with them in the u&s;uall way, as with the hou&s;e of Peers, but found ou<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> a new word (to tran&s;act) and that neither but up|on tryall, <HI>Viz.</HI> during this pre&s;ent Parliament. And the better and more legally to curbe them if they &s;hould begin to grow imperious, they in&s;erted the priviledge of the antient Peers as a good re&s;erve, concluding al&s;o to receive no me&s;&s;age from them, but by &s;ome of their own number.</P>
<P><NOTE PLACE="marg">The in|tent of that Par|ament.</NOTE>During this time, they had under con&s;ideration &s;eve|rall good Acts about the Militia, again&s;t Exci&s;e, con|cerning Cu&s;tomes, &amp;c. and que&s;tioned diver&s;e illegall impri&s;onments, calling &s;ome Jaylors to the Bar, and preparing a &s;trict bill to prevent the unlawfull &s;ending Freeborn Engli&s;hmen again&s;t their wills to be &s;laves in forreign Plantations; They al&s;o examined &s;everall grievances, by the Farmers of the Exci&s;e, Major Generalls, and tyrannicall, and exorbitant Courts of Ju&s;tice. The Committee of In&s;pections having by this time brought in their report by which it did appear, that the yearly incomes of <HI>England, Scotland,</HI> and <HI>Ire|land,</HI> came to Eighteen hundred &s;ixty eight thou&s;and &s;even hundred and &s;eventeen pounds,<NOTE PLACE="marg">Commit|tee of in|&s;pections report.</NOTE> and the yearly I&s;&s;ues to, Two Millions, two hundred and one thou|&s;and, five hundred and forty pounds. So that, Three hundred, thirty two thou&s;and eight hundred twenty three pounds of debt incurred yearly by the ill manage|ment of double the revenew that ever any King of <HI>England</HI> enjoyed: And to maintain the unju&s;t conque&s;t of <HI>Scotland</HI> co&s;t us yearly, One hundred &s;ixty three thou&s;and &s;ix hundred and nineteen pounds more than the revenew of it yields.</P>
<P>At the&s;e proceedings the Protector and the Army,
<PB N="37" REF="300"> who were already jealous of one another,<NOTE PLACE="marg">Divi&s;ions between the Pro|tector Pralia|ment and Army.</NOTE> grew both &s;u&s;picious of the Parliament, becau&s;e the people begin to &s;peake as if they expected great good from the i&s;&s;ue of their Coun&s;ells, therefore the Army, (lea&s;t they &s;hould come too late) put in for to get the power into their hands, and according to the method u&s;ed by them in like ca&s;es, erect a Generall Councill of Officers who daily meet at <HI>Wallinford-hou&s;e,</HI> which the Protector hearing, endeavours to countermine at <HI>Whitehall;</HI> but they, better skilled in their work than he was, conclude a repre&s;entation, which is with &s;peed both drawn and pre&s;ented to him about the &s;eventh of <HI>Aprill,</HI> a copy whereof the next day after is &s;ent enclo&s;ed by him in a Letter to the Speaker of the Hou&s;e: who hereupon takes the Alarum, and while the Protector thinks to &s;e|cure him&s;elf by &s;tanding on his guard, they not fearing the menaces of the Souldiers, but re&s;olving to behave them&s;elv<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">s like true Engli&s;hmen, on <HI>Munday</HI> the 18th. of <HI>Aprill</HI> pa&s;&s;ed the&s;e votes following.
<Q><P><HI>Re&s;olved,</HI><LB> That during the &s;itting of the Parliament, there &s;hould be no generall Concill or meeting of the Officers of the Army without directi|on, leave and Authority of his Higne&s;s the Lord Protector, and both hou&s;es of Parlia|ment.</P>
<P><HI>Re&s;olved,</HI><LB> That no per&s;on &s;hall have and continue a|ny command, or tru&s;t in any of the Armies,
<PB N="38" REF="301"> or Navies of <HI>England, Scotland, or Ireland,</HI> or any the Dominions and Territories there|to belonging, who &s;hall refu&s;e to &s;ub&s;cribe. That he will not disturbe or interrupt the free meeting in Parliament, of any the members of either hou&s;e of Parliament, or their free|dom in their debates and Coun&s;ells.</P></Q></P>
<P>Now that this bitter pill might be the ea&s;ier &s;wallowed, knowing, or at lea&s;t believing that want of money was the thing that pinched in chief as to the private Souldier, (without whom the Officer was worthle&s;s) they pa&s;&s;ed a vote to take into con&s;ideration how to &s;atisfie the Arrears of the Army, and provide pre&s;ent pay for them, and al&s;o to prepare an Act of Indempnity for them. But all this tended nothing to &s;atisfaction, for the Souldier being through Levened with the wicked de&s;ignes of their Officers, did nothing but murmur, e&s;|pecially &s;ince the Protector in pur&s;uance of the votes of the hou&s;e had forbidden the meetings of the Officers; &s;o that now the animo&s;ities grew &s;o high, that guards were kept night and day by one again&s;t the other, in which divided po&s;ture the management of affairs, con|tinued till <HI>Friday</HI> the 22. of <HI>April,</HI> on which day early in the Morning, <HI>Fleetwood, Desborough,</HI> and the re&s;t of the Mutinous Officers, with the greate&s;t part of the Army at their beck,<NOTE PLACE="marg"><HI>Dicks</HI> Parlia|ment di&s;|&s;olved.</NOTE> the <HI>Cromwelian</HI> party not daring to &s;tir, got the &s;upereminency, and forced young <HI>Richard</HI> to con&s;ent to a commi&s;&s;iion and Proclamation ready pre-prepared, thereby giving power to certain therein na|med to di&s;&s;olve the Parliament, although he had with
<PB N="39" REF="301"> much &s;erious earne&s;tne&s;s prote&s;ted and promi&s;ed, ra|ther to dye than be guilty of &s;o pu&s;illaminous an act, which he was well a&s;&s;ured would work for his confu&s;ion. But <HI>actum est,</HI> for the &s;ame day the black rod was &s;ent twice to the hou&s;e of Commons to go to the other hou&s;e, which they refu&s;ed and &s;corned, but under&s;tanding there were guards of hor&s;e and foot in the Pallace yard, af|ter &s;ome ebullient motions, without re&s;olving any que&s;ti|on, they adjourned till <HI>Munday</HI> morning, the five and twenty of <HI>April,</HI> and with much courage and re&s;olu|tion attended the Speaker in order through <HI>Westmin&s;ter-Hall</HI> to his Coach, even in the face of the Souldiery.</P>
<P>The Army having thus for the pre&s;ent mi&s;&s;ed their de&s;ign, re&s;olve no longer to dally; whereupon they, lay a&s;ide their new Mr. <HI>Richard,</HI> and all the Officers, great and &s;mall with one con&s;ent, take the Government into their own hands, having &s;hut up the hou&s;e of Com|mons door, whither when the Members came on <HI>Munday,</HI> entrance was denyed them by the Souldiers, who had po&s;&s;e&s;&s;ed them&s;elves of the Court of reque&s;ts and all avenues in all places, giving no other account to the Members than this, <HI>Viz.</HI> They mu&s;t &s;it no more.<NOTE PLACE="marg">The Ar|my new model|led.</NOTE></P>
<P>The next meeting of Officers new modelleth them|&s;elves, &s;ome they ca&s;heire as <HI>Whaly, Ingoldsby, Goffe,</HI> &amp;c. others they re-admit, as <HI>Lambert, Ha&s;elrig, Okey,</HI> and others, in which time not knowing how to behave them&s;elves in &s;uch a condition, and weary of the per|petuall toyle they fore&s;aw, they mu&s;t &s;till with cea&s;ing undergo; they mean to ca&s;t the burthen off from their own &s;houlders, and to that purpo&s;e they &s;end to &s;ome of their old hackney drudges of the long Parliament,<NOTE PLACE="marg">The Rump comes in.</NOTE> (as they then did call it) at that time about <HI>London,</HI>
<PB N="40" REF="302"> who&s;e con&s;ciences they knew would dige&s;t any thing, and did not care how, <HI>per fas aut nefas,</HI> &s;o they might again be &s;uffered to &s;it, with &s;everall of the&s;e, I &s;ay, upon the fifth and &s;ixth dayes of <HI>May</HI> they had confe|rence, the la&s;t of which was at their never failing Speakers, the Ma&s;ter of the Rowles hou&s;e in <HI>Chancery-Lane,</HI> where both Officers of the Army, and preten|ded Members, to the number of twenty &s;ollicited <HI>William Lenthall</HI> E&s;quire to &s;it Speaker again, but he objected diver&s;e &s;cruples in judgment and con&s;cience: (But O how &s;oon had the &s;weet ambition of domineering ob|literated all &s;uch idle fancies?) yet neverthele&s;s in&s;tant|ly fifteen Articles being agreed upon among them&s;elves, they conclude to meet in the hou&s;e on <HI>Saturday</HI> the 7th. day of <HI>May,</HI> and the better to compa&s;s their ends by a ba&s;e and clande&s;tine &s;urpri&s;e, they gave out that they would not &s;it till <HI>Tue&s;day</HI> the tenth of <HI>May,</HI> yet &s;ur|reptitiou&s;ly, as I &s;ay, they met early on <HI>Saturday</HI> in the painted Chamber at <HI>We&s;tmin&s;ter</HI> and wanting of their number to make up a hou&s;e, they &s;ent for tho&s;e two debauched lu&s;tfull Devills, the Lord <HI>Mun&s;on,</HI> and <HI>Harry Martin</HI> out of pri&s;on, where they were in Execution for debt, with <HI>Whitelock,</HI> and <HI>Li&s;le</HI> of the Chancery Court, making in all forty two, the Chancery Mace al&s;o for ha&s;t being carried before them, <HI>William Lenthall</HI> E&s;q. their tender con&s;cienc'd Speaker, together with the &s;aid
<LIST>
<ITEM><NOTE PLACE="marg">Names of the Rum|pers.</NOTE>L. <HI>Mun&s;on.</HI></ITEM>
<ITEM><HI>Henry Martin.</HI></ITEM>
<ITEM>Mr. <HI>Whitlock.</HI></ITEM>
<ITEM>Mr. <HI>Li&s;le.</HI></ITEM>
<ITEM>Mr. <HI>Thomas Chaloner.</HI></ITEM>
<ITEM>Alderman <HI>Atkins</HI></ITEM>
<ITEM>Alderman <HI>Penington.</HI></ITEM>
<ITEM><HI>Thomas Scot.</HI></ITEM>
<ITEM><HI>Cornelius Holland.</HI></ITEM>
<ITEM>Sir <HI>Henry Jane.</HI></ITEM>
<ITEM>Mr. <HI><GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">rideaux</HI> Att. Ge</ITEM>
<ITEM>Sir <HI>James Harrington.</HI></ITEM>
<PB N="41" REF="302">
<ITEM>L. G. <HI>Ludlow.</HI></ITEM>
<ITEM><HI>Michael Old&s;worth.</HI></ITEM>
<ITEM>Sir <HI>Arthur Ha&s;elrig.</HI></ITEM>
<ITEM>Mr. <HI>Jones.</HI></ITEM>
<ITEM>Col. <HI>Purefoy.</HI></ITEM>
<ITEM>Col. <HI>White.</HI></ITEM>
<ITEM><HI>Harry Nevill.</HI></ITEM>
<ITEM>Mr. <HI>Say.</HI></ITEM>
<ITEM>Mr. <HI>Blagrave.</HI></ITEM>
<ITEM>Col. <HI>Bennet</HI></ITEM>
<ITEM>M. <HI>Brew&s;ter.</HI></ITEM>
<ITEM>Sergeant <HI>Wilde.</HI></ITEM>
<ITEM><HI>John Goodwin.</HI></ITEM>
<ITEM>Mr. <HI>Nich. Lechmore.</HI></ITEM>
<ITEM><HI>Augu&s;tine Skinner.</HI></ITEM>
<ITEM>Mr. <HI>Downes.</HI></ITEM>
<ITEM>Mr. <HI>Dove.</HI></ITEM>
<ITEM>Mr. <HI>John Lenthall.</HI></ITEM>
<ITEM>Mr. <HI>Saloway.</HI></ITEM>
<ITEM>Mr. <HI>John Corbet.</HI></ITEM>
<ITEM>Mr. <HI>Walton.</HI></ITEM>
<ITEM><HI>Gilbert Willington.</HI></ITEM>
<ITEM>Mr. <HI>Gold.</HI></ITEM>
<ITEM>Col. <HI>Sydenham.</HI></ITEM>
<ITEM>Col. <HI>Bingham.</HI></ITEM>
<ITEM>Col. <HI>Ayre.</HI></ITEM>
<ITEM>Mr. <HI>Smith.</HI></ITEM>
<ITEM>Col. <HI>Ingoldsby.</HI></ITEM>
<ITEM>And Lieutenant Generall <HI>Fleetwood.</HI></ITEM>
</LIST> Stole on a &s;udden into the hou&s;e, the invitation of the Army for &s;itting of the long Parliament being fir&s;t pub|li&s;hed in <HI>we&s;tminster-Hall.</HI></P>
<P>Upon notice of this &s;urpri&s;e of the hou&s;e by &s;o few, there being more than double the like number of mem|bers of the &s;ame Parliament there, and about town, &s;ome of them at the &s;ame in&s;tant in the Hall, they to prevent future mi&s;chief, (whereof this packing of Parliament men was an ill Omen) to the number of fourteen, went immediately into the Lobby, and the per&s;ons that did &s;o were the&s;e, <HI>Viz.</HI></P>
<LIST>
<ITEM>Mr. <HI>An&s;lewy.</HI></ITEM>
<ITEM>Sr. <HI>George Booth.</HI></ITEM>
<ITEM>Mr. <HI>James Harbet.</HI></ITEM>
<ITEM>Mr. <HI>Prinne.</HI></ITEM>
<ITEM>Mr. <HI>George Montague.</HI></ITEM>
<ITEM>Sir <HI>John Evelin.</HI></ITEM>
<ITEM>Mr. <HI>John Harbert.</HI></ITEM>
<ITEM>Mr. <HI>Gewen.</HI></ITEM>
<ITEM>Mr. <HI>Evelin.</HI><NOTE PLACE="marg">Secluded mem|bers.</NOTE></ITEM>
<ITEM>Mr. <HI>Knightly.</HI></ITEM>
<ITEM>Mr. <HI>Clive.</HI></ITEM>
<ITEM>Mr. <HI>Hungerford.</HI></ITEM>
<ITEM>Mr. <HI>Harbey.</HI></ITEM>
<ITEM>Mr. <HI>Pecke.</HI></ITEM>
</LIST>
<PB N="42" REF="303">
<P> But a&s;&s;oon as they came near the door, they were not &s;uffered by the Officers of the Army to go into the hou&s;e, though they di&s;puted their priviledge of &s;itting, (if the Parliament were not di&s;&s;olved) but rea&s;on not prevailing, after they had thus fairly made their claim they retired, re&s;olving to acquaint the Speaker by letter of their u&s;age. And accordingly on <HI>Munday</HI> the 9th. of <HI>May</HI> they went to <HI>We&s;tmin&s;ter,</HI> where the guards being not yet come, Mr. <HI>An&s;ley,</HI> Mr. <HI>Prinne,</HI> and Mr. <HI>Hun|gerford,</HI> went freely into the hou&s;e, receiving the De|claration of the 7th. of <HI>May</HI> at the door, But Mr. <HI>An&s;ley</HI> walking down into the Hall, (the hou&s;e not be|ing ready to &s;it) at his return was by one Capt. <HI>Lew&s;on</HI> of <HI>Goffes</HI> Regiment and other officers denyed entrance, Mr. <HI>Prinne</HI> continued within and re&s;olved &s;o to do,<NOTE PLACE="marg">Vote a|gain&s;t the &s;ecluded mem|bers.</NOTE> &s;ince he &s;aw there a new force upon the hou&s;e, who&s;e only &s;taying (&s;o guilty were the re&s;t of their evill actions) made them loo&s;e that morning, and adjourn without the Speakers taking the chair. And to prevent his or any other hone&s;t mans coming in among them, after that they barred the door by the following Vote.
<Q><P><HI>Ordered.</HI><LB> That &s;uch per&s;ons heretofore, Members of this Parliament, as have not &s;ate in this Parliament, &s;ince the year <HI>1648.</HI> And have not &s;ub&s;cribed the engagement in the R<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ll of engagement of this Hou&s;e, &s;hall not &s;it in this hou&s;e till further order of the Parlia|ment.</P></Q></P>
<PB N="43" REF="303">
<P>Thus (to the griefe of all hone&s;t and true hearted Chri&s;tians) the &s;ame pretended Parliament that was &s;itting in 1653. (till <HI>Oliver</HI> di&s;&s;eized them) &s;itting a|gain in 1659. upon a Declaration of the Army, with the &s;ame re&s;olutions they had before, minding nothing but prefering one another,<NOTE PLACE="marg">The good old cau&s;e what.</NOTE> and their friends into good Offices and commands, and Coun&s;ellors places, as ap|pear by their Vote of the 29th. of <HI>May, Viz.</HI>
<Q>The Parliament doth declare, that all &s;uch as &s;hall be employed in any place of trust or power in the Common-wealth, be able for the di&s;charge of &s;uch tru&s;t, and that they be per&s;ons fearing God, and that have given te&s;timony to all the people of God, and of their faithfulne&s;s to this Common-wealth, according to the Declaration of Parliament of the 7^t^h. of <HI>May.</HI></Q></P>
<P>Now who they mean by per&s;ons fearing God in their canting language, by their very next work you &s;hall &s;ee, which is the nominating a Councill of State,<NOTE PLACE="marg">Councill of State nomina|ted.</NOTE> into who&s;e hands is given the di&s;po&s;e of all places of tru&s;t and profit, yea and the command of the wealth of the Kingdom; tho&s;e of the hou&s;e are as follow.</P>
<LIST>
<ITEM>Sir <HI>Arthur Ha&s;elrig.</HI></ITEM>
<ITEM>Sir <HI>Henry Vane.</HI></ITEM>
<ITEM><HI>Ludlow.</HI></ITEM>
<ITEM><HI>Jo. Jones.</HI></ITEM>
<ITEM><HI>Sydenham.</HI></ITEM>
<ITEM><HI>Scot.</HI></ITEM>
<ITEM><HI>Saloway.</HI></ITEM>
<ITEM><HI>Fleetwood.</HI></ITEM>
<PB N="44" REF="304">
<ITEM>Sir <HI>James Harrington.</HI></ITEM>
<ITEM>Col. <HI>Walton.</HI></ITEM>
<ITEM><HI>Nevill.</HI></ITEM>
<ITEM><HI>Chaloner.</HI></ITEM>
<ITEM><HI>Downes.</HI></ITEM>
<ITEM><HI>Whitlock.</HI></ITEM>
<ITEM><HI>Harb. Morley.</HI></ITEM>
<ITEM><HI>Sydney.</HI></ITEM>
<ITEM>Col. <HI>Thom&s;on.</HI></ITEM>
<ITEM>Col. <HI>Dixwell.</HI></ITEM>
<ITEM>Mr. <HI>Reignolds.</HI></ITEM>
<ITEM><HI>Oliver</HI> St. <HI>Johns.</HI></ITEM>
<ITEM>Mr. <HI>Wallop.</HI></ITEM>
</LIST>
<LIST>
<HEAD><HI>Of Per&s;ons without the hou&s;e Ten.</HI> Viz.</HEAD>
<ITEM><HI>John. Brad&s;haw.</HI></ITEM>
<ITEM>Col. <HI>Lambert.</HI></ITEM>
<ITEM><HI>Desborow.</HI></ITEM>
<ITEM><HI>Fairfax.</HI></ITEM>
<ITEM><HI>Berry.</HI></ITEM>
<ITEM>Sir <HI>Anthony A&s;hley-Cooper.</HI></ITEM>
<ITEM>Sir <HI>Horatio Town&s;end.</HI></ITEM>
<ITEM>Sir <HI>Robert Honywood.</HI></ITEM>
<ITEM>Sir <HI>Archibald John&s;on.</HI></ITEM>
<ITEM>And <HI>Jo&s;ia Berners.</HI></ITEM>
</LIST>
<P>Who under the mask of the good old cau&s;e began now to act as high villains as ever before; having forgotten how ju&s;tly they formerly had been laid a&s;ide, but they are like the dog that returnes to his vomit, and with the &s;ow that is wa&s;hed, to her wallowing in the mire.</P>
<P><NOTE PLACE="marg">The good old cau&s;e what it is.</NOTE>And the better to ca&s;t a &s;eeming glo&s;s over the foul|ne&s;s of their actions, and their clande&s;tine intru&s;ion in|to the Government, they &s;end forth a Declaration in print, the particulars whereof might very well have been here ob&s;ervable, if they had not already been &s;o cleer|ly demon&s;trated, by the laborious pen of learned Mr. <HI>William Prinne,</HI> in his book entituled, The Republicans good old cau&s;e &s;tated; having therein &s;o fully detected them,<NOTE PLACE="marg">Remain|der of Crown lands to be &s;old.</NOTE> that there remains nothing more to be &s;aid in the &s;ame matter.</P>
<P>And now, as if already they had not wa&s;ted enough, by expo&s;ing to &s;ale the Kings, Queens, Princes, Nobles
<PB N="45" REF="304"> and Gentries, Lands and Goods, being very quick &s;ighted, and of a long and large memory, whereby they knew all was not &s;old: therefore about the beginning of <HI>June,</HI> to &s;hew us further what they meant by the good old cau&s;e, they ordered the bill for publick &s;ales to be brought in; A &s;weet act, to enrich the &s;aints, as they in their canting language called them&s;elves; but their nece&s;&s;ities (by the long deteining of the publick pur&s;e from them) being grown very pre&s;&s;ing, and though they thought the money ari&s;ing from tho&s;e &s;ales would be &s;ure, yet for their pre&s;ent urgencies (not be|ing able to &s;tay till that could be rai&s;ed) they appoin|ted the &s;ame afternoon to con&s;ider of a more &s;peedy way for rai&s;ing money, for that was all they ever aimed at, or hoped for, and to this purpo&s;e a bill of A&s;&s;e&s;&s;e|ment is concluded the mo&s;t fitting:<NOTE PLACE="marg">Qua<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">enda pecunia primum e&s;t.</NOTE> And becau&s;e they would leave no &s;tone unturned, from which they might hope gain, &s;ee how ingeniou&s;ly they can project, making an order to the Committee of in&s;pection (a precious crew) to take &s;peciall care that &s;uch per&s;ons who have a&s;&s;umed the titles of Honour, Dignities and precedencies heretofore conferred on them by the late King, &s;ince the &s;ame were taken away by act of this pre&s;ent Parliament, do pay the &s;everall &s;ummes of money by them forfeited,<NOTE PLACE="marg">Honours g<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ven by the late King or his Son to be null.</NOTE> and that the &s;aid Committee do al&s;o examine whether they have brought in their Patents, and to report how the &s;aid monies may be employed to the be&s;t advantage of the Common|wealth, and to offer an act to take away all honours con|ferred by the late Kings Son. Was there ever &s;uch a piece of un&s;eemly incon&s;i&s;tency, that the Fountain of honour &s;hould be debarred of its &s;pring by a company of pea&s;ants, who&s;e Acts were no better than of an a&s;&s;embly
<PB N="46" REF="305"> of rogues at beggars bu&s;h; but would you know why they were &s;o much troubled; 'twas precedency that &s;tuck in their &s;tomachs, tho&s;e noble &s;ouls went before them both in honour and hone&s;ty therefore &s;eeing they could not hinder them from being called Lords by o|thers, yea the generality, they lay it as a crime of pride upon them, that they did a&s;&s;ume &s;uch titles, for which imaginary fault they mu&s;t pay the &s;ummes forfeited for &s;uch in&s;olence again&s;t their Rump&s;hips. O this <HI>Auri &s;acra fames, quid non mortalia pectora cogit,</HI> what will it not make them do? They fir&s;t mu&s;t pay, then bring in their Patents, otherwi&s;e pay again: thus the Divel rangeth, fierce&s;t, when his time is mo&s;t &s;hort; for &s;o generall was theirs hoped to be, in regard they and their Ma&s;ters of the Army could not cotton together,<NOTE PLACE="marg">The Ar|my fright the Gran|dees.</NOTE> being already alarumed from them by a petition and addre&s;s, yet they grew a little more confident upon the newes of <HI>Harry Cromwells</HI> &s;ubmi&s;&s;ion, and falling down to wor&s;hip the image which they had &s;et up, <HI>Moncke</HI> al&s;o having about the &s;ame time, &s;ent them the re&s;olutions of him&s;elf and his Army to adhere to them, as a te&s;ti|mony whereof he informed them of a de&s;ign of an A|gent from the King of Scots (as they called him) which his diligence and care in the Highlands had pre|vented.</P>
<P>The&s;e newes &s;o animated our Juncto, that thinking all cock&s;ure,<NOTE PLACE="marg">Money matters only ta|ken no|tice of.</NOTE> they fall to their old Trade of rai&s;ing money. Fir&s;t by a&s;&s;e&s;&s;ements, then by continuing the Exci&s;e and Cu&s;tomes untill the fir&s;t of <HI>October,</HI> and la&s;tly by ordering the Tru&s;tees for &s;ale of Crown Lands, forth|with to proceed to the &s;ale of all computed within the Act for &s;ale thereof, and that they take care of the profits ari&s;ing from the &s;ame, for the u&s;e of the Com|mon-wealth till &s;ale thereof be made.</P>
<PB N="47" REF="305">
<P>Money being thus taken care for to be rai&s;ed by all means, &s;uddenly after by a Vote they revive the Com|mittee for plundered Mini&s;ters (or rather for plun|dering Mini&s;ters) that &s;o they may al&s;o provide them of hacknies who &s;hall infu&s;e into the people &s;trange En|thu&s;ia&s;tick wayes of Government.<NOTE PLACE="marg">Plunde|red Mini|&s;ters and Tythes.</NOTE> It was not enough with <HI>Jeroboam</HI> to cau&s;e a generall rebellion, but with him al&s;o to uphold it, they make of the lowe&s;t and ba&s;e&s;t of the people, Prie&s;ts of their high places, for whom the old way of tythes is not thought good e|nough, it was con&s;ulted how a more equall and comfor|table maintenance might be &s;etled on the mini&s;try for &s;a|tisfaction of the people, whom thus intending to lull a&s;leep: they re&s;olve to advance their own &s;afety by colloguing with the land forces with promi&s;es of &s;udden pay,<NOTE PLACE="marg">Seamen to be im|pre&s;&s;ed.</NOTE> and &s;trengthening the Navy by impre&s;&s;ing Sea|men, which about this time, in <HI>June</HI> they were about, And le&s;t they &s;hould be wanting to them&s;elves in any thing, mercenary drudges of the Juncto begin to take upon them as may appear by this order.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="document">
<OPENER><DATELINE><DATE>22. June. 1659</DATE></DATELINE></OPENER>
<HEAD>By the Contractors for &s;ale of Crown Lands.<NOTE PLACE="marg">Crown lands ex|po&s;ed.</NOTE></HEAD>
<P>The&s;e are to give you notice, that <HI>Somer|&s;et-hou&s;e</HI> with the Appertenances, and <HI>Hampton-Court</HI> with the parkes, &amp;c. There|unto belonging, are &s;peedily to be expo&s;ed to &s;ale, and that the Contractors intend to &s;it on <HI>Wedne&s;day</HI> next the <HI>29.</HI> in&s;tant, to take in de&s;ires of &s;uch as intend the purcha&s;e of
<PB N="48" REF="306"> any part of <HI>Somer&s;et-Hou&s;e,</HI> and on <HI>VVedne&s;|day</HI> the 6th. of <HI>July,</HI> the de&s;ires of any that intend the purcha&s;e of any part of <HI>Hampton-Court,</HI> the premi&s;es are to be &s;old for ready money.</P>
<CLOSER><SIGNED><HI>Will. Tayler</HI> Clark attending the &s;aid Contractors.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>Indeed the la&s;t clau&s;e for ready money was very ne|ne&s;&s;ary, as affairs then &s;tood, for the Grandees at <HI>We&s;tmin&s;ter,</HI> having only wa&s;ted and imbezelled the re&s;t by divi&s;ions and &s;harings among them&s;elves and friends, with no advantage to the publick Exchequer, they would now &s;eem to begin to amend, but it is according to the Proverbe like &s;owre ale in Summer, for they intended nothing le&s;s than increa&s;ing the publick &s;tock, but rather by augmenting and converting it to their own u&s;e, make a hoped provi&s;ion again&s;t an en&s;uing &s;torm, which they fore&s;aw would ere long fall upon them without a|ny means of prevention: yet re&s;olving to &s;hare the &s;poil as long as they could, at <HI>Mid&s;ummer,</HI> they re-made their everla&s;ting Speaker,<NOTE PLACE="marg">Offices be&s;towed and on whom.</NOTE> <HI>Cu&s;tos rotulorum,</HI> of <HI>Oxford</HI> and <HI>Berk&s;hires.</HI> And that wor&s;hipfull Judas, Sir <HI>H. Mild|may, Cu&s;tos rotulorum</HI> for <HI>E&s;&s;ex,</HI> with &s;everall other the like places to diver&s;e of their leading members, as the Government of <HI>Jer&s;ey</HI> to Col. <HI>Ma&s;on,</HI> and &s;everall Regiments in <HI>Ireland</HI> to Col. <HI>Cooper,</HI> Col. <HI>Zankey,</HI> Col. <HI>Sadler,</HI><NOTE PLACE="marg">H. <HI>Cro m+well</HI> leaves <HI>I eland.</HI></NOTE> and Col. <HI>Laurence.</HI></P>
<P>Having proceeded on thus far &s;uccesfully, they now begin to clap their wings as invincible, <HI>Ireland</HI> being
<PB N="49" REF="306"> delivered up wholly and quietly into their power by that pitifull cowardly Impe <HI>H. Cromwell</HI> who had al|ready attended their plea&s;ure at the Commons bar, for which good &s;ervice they &s;troaked him on the head, told him he was a good boy, for which kindne&s;s he bu&s;|&s;ed his hand, made a leg and <HI>Exit.</HI></P>
<P>But leave we him to &s;tupid folly, and let us &s;ee what rates Crown land bears, the Contractors late|ly were very bu&s;ie, and behold the product.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="document">
<OPENER><DATELINE><DATE>June. 29. 1659.</DATE></DATELINE></OPENER>
<HEAD>By the Tru&s;tees and Contractors appointed by Act of Parliament, for &s;ale of the Ca&s;tles, parkes, &amp;c. exempted from &s;ale by a former Act.</HEAD>
<P>The&s;e are to give notice, that there are Com|petitors for the purcha&s;e of <HI>Somer&s;et-Hou&s;e,</HI><NOTE PLACE="marg"><HI>Sommer|&s;et-hou&s;e</HI> &s;et to &s;ale ctc.</NOTE> with the Appurtenances in the <HI>Strand, Mid|dle&s;ex,</HI> which therefore is to be expo&s;ed to &s;ale for ready money, by the box to be opened on <HI>Friday,</HI> the eight of <HI>July</HI> next. The annuall value being <HI>233. l.</HI> the gro&s;s value of mate|rialls, &amp;c. <HI>5545.</HI> l. <HI>1.</HI> &s;. <HI>3.</HI> d. At which time &s;uch as de&s;ire to purcha&s;e the &s;ame may put in their papers with their name &s;ub|&s;cribed into the box afore&s;aid at <HI>VVor&s;e&s;ter-Hou&s;e,</HI>
<PB N="50" REF="307"> conteining how many years purcha&s;e, (not under <HI>13.</HI>) they will give for the an|nuall value, &amp;c. and he that offers most is to have the purcha&s;e.</P>
<CLOSER><SIGNED><HI>VVill. Tayler</HI> Clarke, &amp;c.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>At the &s;ame time they appointed to &s;ell ten brace of Buckes, or more out of <HI>Hampton-Court</HI> Parkes, and &s;o from time to time.</P>
<P>Thus did they &s;trive to make havock of whatever be|longed to the King, which indeed, and no other, was the good (or rather cur&s;ed) old cau&s;e that the&s;e mi&s;|creants &s;o lu&s;tily fought for, and &s;o loudly cryed up.</P>
<P>And now, le&s;t they &s;hould &s;eem ingratefull to <HI>Richard Cromwell,</HI> who had &s;o tamely left the chair of State to the&s;e Mountebanks to &s;it in: they vote him an exemption from all arre&s;ts, for any debt what&s;oever, for &s;ix moneths, and appoint a Committee to examine what was due, for mourning for the late Lord Generall <HI>Cromwell,</HI><NOTE PLACE="marg">R. Crom|well <HI>pro|tected.</HI></NOTE> and to con&s;ider how it may be paid for, without charge to the Common-wealth.</P>
<P>Kind Gentlemen &s;urely they are, they take all he hath from him, and then allow him a pen&s;ion; they rob him of a pound and give him a farthing, not a feather of his own bird, and well &s;o too: for his ambitious &s;tep|ping into the royall &s;eat, de&s;erved a greater puni&s;h|ment, which 'twas a wonder how he e&s;caped, &s;ince U|&s;urpation and Tyranny in different hands are generally vehement &s;courges to each other, and alwayes tor|ments to them&s;elves; as will appear by the &s;equel.</P>
<PB N="51" REF="307">
<P>For the&s;e godly great ones, being now newly warm in their &s;eats,<NOTE PLACE="marg">New plots and jealou|&s;ies.</NOTE> begin (as of old) to dream of Jealou&s;ies and fears: Plots, Plots, nothing but Cavaleer plots rings either in their ears or mouths: if two Gentle|men do but meet accidentally in the Street, and talk together, &s;traight there is a confederacy, and they mu&s;t be committed to pri&s;on for doing nothing, &s;o that we might &s;ay with that Noble Romane <HI>Cicero, Circum&s;pice omnia membra Reipublicae, quae nobili&s;&s;ima &s;unt: nullum re|peritur profecto quod non fractum, debilitatumve &s;it. O rem mi&s;eram! dominum ferre non potuimus, con&s;ervis vero jam &s;ervimus.</HI> A &s;ad cau&s;e of complaint, to live in &s;uch a &s;lavery; but our Taskma&s;ters would fain &s;eem mercifull, witne&s;s their Act of Indemnity,<NOTE PLACE="marg">Act of in|demnity pardons all but Cavaliers.</NOTE> which came out in print about <HI>July,</HI> wherein they except none from pardon but only &s;uch who&s;e con&s;ciences are not large enough to approve of open Rebellion, as the la&s;t clau&s;e of their &s;aid mock-Act will &s;hew, wherein all are debarred the benefit of the &s;ame, even from &s;ixteen years of age, unle&s;s they &s;ub&s;cribe again&s;t a &s;ingle per|&s;on, King&s;hip or hou&s;e of Peers; all &s;ins can be di|ge&s;ted by the&s;e fellowes, except lawfull obedience to magi&s;tracy, which they &s;o abominate that all per&s;ons that are tainted therewith mu&s;t not only depart out of <HI>Lon|don,</HI> but out of <HI>England,</HI> in either whereof if they be taken, they &s;hall be proceeded again&s;t as Traytors: and all per&s;ons are impouered to take and apprehend them, for encouragement of which roguery every one that di&s;covers, or takes &s;uch a per&s;on was to have ten pounds from the Councill of State; Surely they are in a great fear, el&s;e what &s;hould they make all this noi&s;e, and bu&s;tle &s;o furiou&s;ly on a &s;udden, to &s;ettle and rai&s;e a new militia, but <HI>latet anguis in herba,</HI> for now (it being
<PB N="52" REF="308"> the Dog-dayes) the hou&s;e grew &s;o hot, that diver&s;e members withdrew, whereby the re&s;t in regard of their fewne&s;s, being become incapable to act, becau&s;e not enough to make up a hou&s;e, according to their own phanta&s;ticall modell on <HI>Friday</HI> 22. of <HI>July</HI> did Re&s;olve.
<Q><NOTE PLACE="marg">Members to attend.</NOTE>That the Members of Parliament, who have had Letters to attend the &s;ervice of the Parliament, or have actually attended &s;ince the 7th. of <HI>May, 1659.</HI> be hereby in|joyned to give their attendance in Parlia|ment every Morning at eight of the clock, for fourteen dayes, and if employed by Par|liament, within a fourtnight.</Q></P>
<P>Alas, poor men, the harve&s;t truly was great, but the labourers few; therefore it was time to call for more help, for which now they are &s;o put to it, that they hardly know which way to turn them&s;elves: they complain of de&s;ignes, &amp; of buying up of Armes to di&s;turbe the peace, which made a great one among them &s;ay, this re&s;tle&s;s Spirit of the common Enemy &s;hould excite the friends of the Common-wealth to diligence and to &s;tudy unity, that advantage may not be given by divi&s;ions, but that we may be all of one Spirit to uphold and promote the common cau&s;e that hath been contended for. And the better to colour their villanies (according to their u&s;uall cu&s;tome in like ca&s;es when they had mi&s;chief to do) they &s;et apart a day of fa&s;ting and humiliation;<NOTE PLACE="marg">A fa&s;ting day &s;et a part for mi&s;chief.</NOTE> and to &s;hew that they were the &s;ame men and of the &s;ame (if not wor&s;e) mind than formerly for rapine and blood, they
<PB N="53" REF="308"> proclaim <HI>J. Mordant</HI> E&s;quire, with &s;everall others tray|tors; and order the Lady <HI>Howard,</HI> Sr. E. <HI>Byron,</HI> and Mr. <HI>Sumner,</HI> to be brought to a &s;peedy triall, for dange|rous and trayterous de&s;ignes, of bringing this Nation into blood and confu&s;ion again: that is for endeavour|ing to re&s;tore his Sacred Maje&s;ty to his lawfull birth-right and dominions, for which the whole current of the law is con&s;tant encourager, although the&s;e mens effrontery is &s;uch, that they dare &s;ay any thing by an infallible Spirit as they imagine, and the World is bound to believe them. But their vizor being now ready to fall off,<NOTE PLACE="marg">Commo|ti<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ns.</NOTE> and the people not willing to be any longer blinded, begin to move in mo&s;t parts of <HI>England,</HI> which &s;o mads the Phanatick faction, that they &s;eaze upon per&s;ons, hor&s;es, and armes all about <HI>London,</HI> increa&s;e and double their guards, &s;top pa&s;&s;engers, even on the Road, the Councill of State (&s;o called) &s;its night and day without intermi&s;&s;ion, whereby the City militia and all the forces throughout <HI>England</HI> were drawn into a body to prevent the danger. Yea &s;o generall was the fear that they begin to court the people in their canting way.</P>
<P>And becau&s;e you &s;hall &s;ee their de&s;perate fear of, and divelli&s;h malice to, the King and his Friends, take the words of one of them&s;elves as they pa&s;s, <HI>Viz.</HI><NOTE PLACE="marg">A canting lye.</NOTE> <HI>The Lord &s;tir up the hearts of his people to prayer and &s;incere humiliation, and fill them with unanimity and courage in this evill time, and make the People to &s;ee, that whatever fair pretences may be made u&s;e of by the common Enemy, to get power into their hands, yet &s;hould they prevail, no man that hath been of a party again&s;t them heretofore, yea no man that hath been a meer Neuter, but mu&s;t expect that his pri|vate E&s;tate, as well as the publick Liberty, &s;hall become a
<PB N="55" REF="309"> prey to a de&s;perate crew of ravenous and unrea&s;onable men: for (&s;aith he) like an irreverent Villain) let but</HI> CHALES STUART <HI>get in, and then to &s;atisfie the rable of follow|ers, and the payment of forreyners to en&s;lave you, you &s;hall &s;oon &s;ee them entailed upon your &s;elves and your Posterity, to maintain the pompe and pride of a luxurious Court, and an ab&s;olute Tyranny.</HI> Thus far he, which how much truth, yea or but probability thereof is therein; I dare ap|peal to the greate&s;t Enthu&s;ia&s;t among their whole gange: for if there were nothing in it el&s;e but the rayling (be|&s;ides all the fal&s;ity and Scandall) it were &s;ufficient to convince the Speaker to be a Son of <HI>Beliall,</HI> as having &s;o far forgotten grace, and laid a &s;ide all hone&s;ty, that he dur&s;t rail again&s;t the Lords anointed, concerning whom the Scripture forbiddeth to have an evill thought, but tis the cu&s;tom of rebells to go on from bad to wor&s;e, and when they have once drawn the &s;word again&s;t their Prince, to throw away the &s;cabbard, and never enter|tain a thought of return or repentance, like the bold U&s;urper in the Poet.</P>
<Q><L>The more we are oppo&s;ed the more wee'le &s;pread,</L>
<L>And make our foes our fuell: To be head</L>
<L>Wee'l, cut off any member, and condemn</L>
<L>Vertue of folly for a Diadem.</L>
<L>Bani&s;h Religion, &amp;c.</L></Q>
<P><NOTE PLACE="marg">The u&s;e of the Juncto's fa&s;ting.</NOTE>And &s;uch was their practice, though &s;ometimes (e&s;|pecially when encompa&s;&s;ed with dangers) they hang their head like a bull ru&s;h, and even but mock God with a fa&s;t, while they only pray to be pro&s;perous in their villany</P>
<P>About this time, the whole Nation of <HI>England</HI> be|gan
<PB N="54" REF="309"> to grow &s;ick of the abhorred fag end of a Parlia|ment, endeavouring to make head again&s;t them in <HI>Kent, Su&s;&s;ex, Surrey, Hartford, Hereford, Gloce&s;ter, Bri&s;toll,</HI> in <HI>Che&s;hire</HI> e&s;pecially, where many of the Gen|try were actually engaged, corre&s;pondence maintained,<NOTE PLACE="marg"><HI>England</HI> &s;ick of the Rump.</NOTE> a rendevous appointed, and the antient City of <HI>Che&s;<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">er</HI> &s;urpri&s;ed: this indeed was the mo&s;t formidable appea|rance in all <HI>England,</HI> for the only appea&s;ing whereof mo&s;t of the County forces in tho&s;e parts, and &s;everal Regiments of the Army from <HI>London,</HI> did &s;peedily march under the command of a hot-&s;pur zealot, Mr. G. <HI>Lambert,</HI> who&s;e ambition made old Nol lay him a|&s;ide as dangerous, and that di&s;honourable di&s;carding, created him a de&s;perate Enemy to the <HI>Cromwelian</HI> name and family, which made the Juncto think him the fitter man for their &s;ervice,<NOTE PLACE="marg">A ri&s;ing in <HI>Ch<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">&s;hire</HI> by Sir <HI>G. B.</HI></NOTE> Sir <HI>G. B.</HI> appeared commander in chief in <HI>Che&s;hire,</HI> though many other Noble Gentlemen, were pre&s;ent, &s;o that this &s;eemed to be the mo&s;t likely place for Action. <HI>Lambert</HI> accor|ding to Order being upon his march thither, with three Regiments of hor&s;e, and three Regiments of Foot, and one Regiment of Dragoones, be&s;ides a train of Artil|lery: and the Juncto for his encouragement &s;hot a paper gun (by them called a Proclamation) after him again&s;t Sir <HI>George Booth,</HI> Sir <HI>Thomas Middleton, Randolph Eger|ton,</HI> proclaiming them and their adherents to be Rebells and Traytors, and all el&s;e that &s;hould any way a&s;&s;i&s;t, a|bet or conceal the carrying on of their de&s;ign; backed thus he marcheth furiou&s;ly, and in a fourtnight or three weekes time draweth neer to <HI>Che&s;hire,</HI> in the mean and during his ab&s;ence, the congregated Churches of Schi&s;|maticks and Sectaries in and about <HI>London,</HI> rai&s;e three Regiments for the &s;ecurity of tho&s;e parts, in the inter|valls
<PB N="55" REF="310">
<GAP DESC="duplicate" EXTENT="1 page">
<PB N="54" REF="310">
<GAP DESC="duplicate" EXTENT="1 page">
<PB N="56" REF="311"> of which time, Sir <HI>George Booths</HI> Declaration came out in print, the contents whereof was &s;etting forth how the <HI>We&s;tminster</HI> State&s;men had violated all lawes of God and Men; that the defence of the lawes and li|b<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">rties was the chief things he and his aimed at, which would never by the&s;e &s;elf &s;eekers be &s;etled, and there|fore de&s;ired a new free Parliament. This, as it carried nothing in it but what was reall true, &s;o it gave very great &s;atisfaction to all under&s;tanding people, though by the Phanatick rout it was de&s;canted upon otherwi&s;e: but Gods time was not yet come, for <HI>Lambert</HI> no &s;oon|er arrived with his Army neer Sir <HI>George Booth,</HI> and his forces,<NOTE PLACE="marg">Sir <HI>G. B.</HI> <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">u ed.</NOTE> but he fell on them with valour and vio|lence, which produced a very &s;harp engagement, but the Country not being acquainted, nor u&s;ed to &s;uch hot &amp; fu|rious work quickly yielded ground: Sr. <HI>Georges</HI> whole body being afterwards drawn forth neer <HI>Northwich,</HI> and po&s;&s;e&s;|&s;ed of the bridge, they drew up their foot in the meadowes, yet <HI>Lamberts</HI> Men being commanded to attempt the pa&s;s, did it with &s;uch re&s;olution that they &s;oon beat the Enemy from them, and made way for the whole Army, who having pa&s;&s;ed the river imme|diately gave them a totall rout.</P>
<P>The newes of this victory &s;o fle&s;hed our bloodhounds, that they began to boa&s;t above mea&s;ure, vaunting the Lords mercy to them (his own people for&s;ooth) but Ju&s;tice to their adver&s;aries in &s;o apparently bla&s;ting their Trayterous undertakings in every corner of the land; like the turkes, reckoning the goodne&s;s of their cau&s;e by the keenne&s;s of their &s;word,<NOTE PLACE="marg">Their maxime to make good their cau&s;e.</NOTE> and denying that any thing may properly be called <HI>Nefas,</HI> if it can but win the Epithete of <HI>Pro&s;perum.</HI></P>
<P>The Juncto upon this, &s;et forth a Declaration to in|vite
<PB N="57" REF="311"> all the people to thank&s;giving, for this great de|liverance to the Parliament, and Common-wealth, (as they &s;tiled them&s;elves):<NOTE PLACE="marg">Lamberts policy.</NOTE> but <HI>Lambert</HI> intends to make u&s;e of his &s;ucce&s;s again&s;t the loyall party for him|&s;elf, and to that end in a &s;eeming, &s;lighting and neglect of him&s;elf, writes to the Parliament his Souldiers merits, with whom (the &s;ooner to endear them) he is more than u&s;ually familiar: and the Parliament have no &s;oon|er voted him 1000 l. to buy him a Jewell, as a mark of their favour, but he pre&s;ently di&s;tributes it among his Souldiers, endeavouring by that and all other means to engage them wholly to him&s;elf, &s;o as to venture in one bottom with him; he yet carried him&s;elf &s;o, that his ambitious de&s;ign was not di&s;covered, and that he might the better conceal: at this time Sir <HI>George Booth,</HI><NOTE PLACE="marg">Sir <HI>G. B.</HI> taken.</NOTE> who had fled from the battle, at <HI>Northwich</HI> in <HI>Che&s;hire,</HI> was taken at <HI>Newport-Pannel</HI> in di&s;gui&s;e; upon notice whereof, he is committed clo&s;e pri&s;oner to the <HI>Tower</HI> of <HI>London.</HI> for high Trea&s;on, in levying warr again&s;t the Parlia|ment, and Common-wealth, and that a Committee be appointed on purpo&s;e to examine him, all which was done accordingly, and Sir <HI>Henry Vane,</HI> and Sir <HI>Arthur Ha&s;elrig,</HI> (two Saints of the Divells la&s;t edition) went to him to take his examination.</P>
<P>While things are thus in handling here, <HI>Lambert</HI> &s;eeks cunningly to get all the &s;trength of tho&s;e Counties into his own hands, which the Parliament at his re|que&s;t grant him, by giving him power to &s;eize all armes for their u&s;e (as he pretended) in the &s;ame: of which piece of &s;ervice they &s;eemed to be very glad as al&s;o of letters that came out of <HI>Scotland,</HI> a&s;&s;uring Generall <HI>Monkes</HI> fidelity to them again&s;t the intere&s;t of the <HI>Stuarts,</HI> or any other what&s;oever, &s;o that now they be|gan
<PB N="58" REF="312"> to de&s;cant on the late de&s;ign, laying all the blame on the loyall party,<NOTE PLACE="marg">A triall of the royall family.</NOTE> who&s;e game they &s;aid it was, though he lea&s;t appeared in it, taking occa&s;ion al&s;o from thence to bla&s;t the royall family with helli&s;h &s;candalls: the &s;afe|ty of which the divine providence hath alwayes had a particular and peculiar care of, but as it were in de&s;pight of Heaven, they are not content with all their former wickedne&s;&s;es of bani&s;hing, exiling, and railing again&s;t their lawfull Soveraign, but now they will enforce all to renounce him, which in <HI>September</HI> they Re&s;olved in the&s;e words.
<Q><NOTE PLACE="marg">Oath of abjurati|on.</NOTE><HI>J. A. B.</HI> Do hereby declare, that I renounce the pretended title of <HI>CHARLS STUART,</HI> and the whole line of the late King <HI>James,</HI> and of every other per&s;on, as a &s;ingle per&s;on, pretending to the Government of the&s;e Nati|ons, of <HI>England, Scotland,</HI> and <HI>Ireland,</HI> and the Dominions and Territories thereunto be|longing. And that I will by the grace and a&s;&s;i&s;tance of Almighty God be true, faithfull, and con&s;tant to this Common-wealth again&s;t any King, &s;ingle per&s;on, and hou&s;e of Peers, and every of them, and hereunto I &s;ub&s;cribe my name.</Q></P>
<P>Thus may every one &s;ee, that it was not to amend or reform any errours in the State, but only their par|ticular malice to the Royall line and covetou&s;ne&s;s after
<PB N="59" REF="312"> their E&s;tate, that made them run into &s;uch de&s;perate de|&s;ignes, wherein having &s;o deeply engaged them&s;elves, that there was no going back, they mean to make all &s;ure to their intere&s;t: and to that end take into de|bate in the beginning of <HI>September,</HI> the matter of the Government, and referred it to a Committee upon the votes in 1648.<NOTE PLACE="marg">The blind|ne&s;s of the Juncto.</NOTE> To prepare &s;omething in order to the &s;ettlement of the Government, on or before the tenth of <HI>October.</HI></P>
<P>See here the indi&s;cretion of the&s;e men, after a ten years un&s;ettlement and bringing all into confu&s;ion, in all which time they have minded nothing but their own private wealth, and till this la&s;t minute of time have not &s;o much as thought of re&s;ettling; and that they now have, is &s;o weakly, that it tends no further than to an offer: thus running willingly into one crime, they daily perpetrate new ones without any &s;en&s;e of evill, or will of amending, attributing the guilt of their faults to all that endeavour either to reform or puni&s;h them.</P>
<P>The bu&s;ine&s;s of <HI>Che&s;hire</HI> thus blown over, and the great hopes that were grounded thereon bla&s;ted; the Juncto fall to their old humour of rai&s;ing money, no le&s;s will &s;erve their turn than 100000. l. a moneth, be|&s;ides Exci&s;e and Cu&s;tomes,<NOTE PLACE="marg"><GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">xes and exci&s;e confirmed, new de|linquents made and militia arreas collected.</NOTE> together with the hoped benefit that would ari&s;e from the &s;eque&s;tred E&s;tates of new Delinquents; and lea&s;t any thing &s;hould e&s;cape them, the 16th. of <HI>September</HI> they vote.
<Q><P>That &s;uch per&s;ons as have been a&s;&s;e&s;&s;ed to find hor&s;es and Armes, by vertue of the Act of Parliament, for &s;etling the Militia, and have not brought in their hor&s;es and Armes,
<PB N="60" REF="313"> nor paid in lieu thereof the &s;umm of money, appointed by the &s;aid Act. That every &s;uch per&s;on and per&s;ons do under the penalty in the &s;aid Act mentioned pay, after the rate of ten pounds for an hor&s;e and Armes for &s;uch number of hor&s;es and Armes re&s;pectively as they have been charged to find.</P>
<P><HI>Re&s;olved,</HI><LB> That &s;uch per&s;on and per&s;ons as have been a&s;&s;e&s;&s;ed to find Armes for a foot Souldier, and have not &s;ent in the &s;ame, or money in lieu thereof, do under the penalties in the &s;aid Act mentioned pay, re&s;pectively for e|very &s;uch foot Armes, &s;uch &s;umm of money as the Commi&s;&s;ioners &s;hall appoint, not ex|ceeding twenty five Shillings for every &s;uch foot Armes.</P></Q></P>
<P>'Tis no matter, you &s;ee, by this, whether any Hor&s;e or Armes be brought in at all, &s;o that the money be paid, Oh! 'Tis the money that adds Life and Legs to a decrepit and dying old cau&s;e: The Grandees would never take &s;o much pains, unle&s;s an extraordinary pro|fit al&s;o waited thereon; which they re&s;olve to compa&s;s, though with the extreame&s;t hazards, whereof there be|gan to be &s;ome kind of an appearance, by the growing of heart-burnings, and multiplying fears and jealou&s;ies
<PB N="61" REF="313"> between their late great Champion <HI>Lambert</HI> and them|&s;elves,<NOTE PLACE="marg">The Juncto grow &s;u&s;|pitious o <HI>Lambert</HI></NOTE> the &s;parks of which animo&s;ities growing into a flame, quickly increa&s;ed to that height, that not daring to tru&s;t him any longer with the Army, they &s;end a &s;eeming courteous Letter to invite him home; which he, taking no notice of any thing further than the pretended out&s;ide fair &s;hew, acceps of; and on the 20th. of <HI>Septem|ber</HI> returnes accordingly to <HI>London,</HI> but immediately be|fore his arrivall there, the Juncto,<NOTE PLACE="marg">He comes to <HI>Lon|don.</HI></NOTE> to &s;hew the great charity, wherewith they abounded, took into con&s;idera|tion how to cozen the poor Knights of <HI>Wind&s;or,</HI> and to ingro&s;s into their hands all Ho&s;pitals and their reveneues, by the&s;e two following votes. <HI>Viz. Tue&s;day September</HI> 20th. 1659.
<Q><P><HI>Re&s;olved,</HI><LB> That it be referred to a Committee, to look into the revenue for maintenance of the poor Knights of <HI>Wind&s;or,</HI><NOTE PLACE="marg">The Juncto in|tend to &s;eize on all Ho&s;pi|talls and convert their rents.</NOTE> to examine what the &s;ame at pre&s;ent is, and will be for the fu|ture, after Lea&s;es expired, and to &s;ee that the charitable u&s;es, to which the &s;aid reve|nue was granted, be performed, and the re|&s;idue to be an&s;wered, to the u&s;e of the Com|mon-wealth, (by all means pray take a care of that) and to examine the Lea&s;es that have been made, and the fines that have been paid thereupon, and how di&s;po&s;ed, and by what au|thority; with power to give reliefe and allow|ance
<PB N="62" REF="314"> to the &s;aid poor Knights, and other poor people not exceeding their former allowance (Oh, take heed of too much charity!) and al|&s;o to take a Catalogue of all Ho&s;pitalls with|in this Common-wealth, and the revenewes of them (they are &s;ure to mind that.) And that the Ma&s;ters and Governours do return to this Committee, the con&s;titution of the re|&s;pective ho&s;pitalls, and how the profits there|of have been, and are di&s;po&s;ed of, and by what authority, before the fir&s;t of <HI>December, 1659.</HI> And to report the whole matter to the hou&s;e.</P>
<P><HI>Ordered,</HI><LB> That all Ma&s;ters and Governours of ho&s;|pitalls, be, and are hereby prohibited to grant or renew any Lea&s;es of any Lands, Tene|ments and hereditaments belonging unto any of the &s;aid re&s;pective ho&s;pitalls, untill this hou&s;e take further Order. Notice of which is to be given to the re&s;pective concerned per|&s;ons, by the Councill of State.</P></Q></P>
<P>See here how greedy is the zeal of the&s;e devouring Stati&s;ts, which yet is clothed in the garbe of a &s;eeming Sanctimonious care, but this hypocri&s;ie mu&s;t not go long
<PB N="63" REF="314"> unpuni&s;hed, neither does it, for now begins to appear the re&s;ult of <HI>Lamberts</HI> de&s;ignments abroad, in a remon|&s;trative addre&s;s from the Army: at the very fir&s;t newes, whereof the Parliament is &s;o &s;tartled, that, fearing to be whipped with their own rod, they ordered, Col. <HI>A&s;h|field,</HI> Col. <HI>Cobbet,</HI> and Lieutenant Col. <HI>Duckenfield,</HI><NOTE PLACE="marg">Armies remon|&s;trate the Juncto &s;end for <GAP DESC="illegible" EXTENT="1 letter">ome Offi|cers.</NOTE> (three of the chief promoters of it) to bring to them the original paper, intended to be pre&s;ented; upon no|tice of which order given, immediately, a letter was de|livered into the hou&s;e &s;igned by many per&s;ons of the Army, &s;uper&s;cribed to the &s;aid three &s;ummoned per&s;ons, by who&s;e hands they de&s;ired the inclo&s;ed paper might be pre&s;ented to the Lord <HI>Fleetwood,</HI> and after to the generall Councill, which inclo&s;ed paper was intituled, to the &s;upream authority of the&s;e Nations, the Parliament of the Common-wealth of <HI>England,</HI> The humble Pe|tition and propo&s;alls of the Officers under the Command of the Right Honourable the Lord <HI>Lambert</HI> in the late Northern expedition, the manner and method of which paper the Juncto &s;o highly re&s;ented (as &s;uppo&s;ing it to &s;trike at their very root) that they pre&s;entely voted.
<Q>That this hou&s;e doth declare,<NOTE PLACE="marg">Ob&s;erve this crack.</NOTE> that to have any more Generall Officers in the Army, than are already &s;etled by Parliament, is needle&s;s chargeable and dangerous to the Common-wealth.</Q></P>
<P>Here was the fir&s;t &s;tep to that divi&s;ion, which after|wards grew into a flame but the Army Officers finding their de&s;ign, was not yet ripe enough, by a di&s;&s;embled
<PB N="64" REF="315"> acquie&s;cency, &s;eemed to lay a&s;ide their propo&s;alls, by &s;igni|fying to the Parliament, that they would adhere to their authority in oppo&s;ition to the common Enemy, and that they would &s;tand by them in the &s;ettlement of the Common-wealth, again&s;t all di&s;turbances what&s;oe|ver, which lulled the Juncto into a kind of &s;ecurity, the City al&s;o at this time &s;eeming to claw them by an in|vitation to a Thank&s;giving dinner, whereat the field Officers of the Army were al&s;o to be pre&s;ent;<NOTE PLACE="marg">Thanks|giving dinner in the City.</NOTE> &s;o that now being in a manner rid of their fear, they fall up|on &s;eque&s;tring the Gentry, about Sir <HI>George Booths</HI> bu|&s;ine&s;s, &s;ettle the Exci&s;e, and revive the A&s;&s;e&s;&s;ements for the Militia, u&s;ing all their skill and power for ama&s;&s;ing together the wealth of the Nation into their private pur&s;es, concluding with the <HI>Epicureans, ede, lude, bibe, po&s;t mortem nulla voluptas,</HI> &s;o &s;otti&s;hly &s;tupid were they grown in their high flown ambition.</P>
<P>But now, lea&s;t they &s;hould forget their duty, the Offi|cers of the Army pre&s;ent a new addre&s;s requiring an|&s;wer thereto,<NOTE PLACE="marg">Armies new ad|dre&s;s.</NOTE> which made them take it into the &s;everal pieces wherein it was propo&s;ed, wherein among other things (to &s;hew you the harmony that was then be|tween them) they give to their third propo&s;all this an|&s;wer.<NOTE PLACE="marg">Juncto angry there with.</NOTE> <HI>Viz.</HI>
<Q>The Parliament declares, that every Mem|ber of the Army, as free Men of <HI>England,</HI> have a right of petitioning the Parliament, but withall thinks fit to let them know, that the Petitioners ought to be very carefull, both in the manner, and in the matter of what
<PB N="65" REF="315"> they de&s;ire, that the way of promoting and pre&s;enting the &s;ame may be peaceable, and the things petitioned for, not tending, to the disturbance of the Common-wealth, nor to the di&s;honour of the Parliament. And that it is the duty of petitioners to &s;ubmit their de&s;ires to the Parliament, and acquie&s;ce in the judgment thereof.</Q></P>
<P>By this Declaration they intended to curb the <HI>Wal|lingford</HI> party, by teaching them manners, and to know their di&s;tance; but they being Men of another &s;pirit, and knowing they had the power of the &s;word in their own hands, would not be &s;o put off: which the Juncto, perceiving, and beginning to grow jealous of their own &s;afety, and &s;atisfyed that the Army could not &s;ub&s;i&s;t without money (which is the Nerve of War) to en|gage the People to them&s;elves, and to di&s;-inable the Officers from rai&s;ing any money (in ca&s;e they &s;hould (which they now much doubted) interrupt them in their &s;itting) they pa&s;&s;ed an Act again&s;t rai&s;ing of monies upon the people, without their con&s;ent in Par|liament. Part whereof take as followeth.
<Q><P>Be it enacted, &amp;c. That all Orders,<NOTE PLACE="marg">Act a|gain&s;t rai&s;ing money without con&s;ent of Parlia|ment makes the Souldiery mad.</NOTE> Or|dinances, and Acts, made by any &s;ingle per|&s;on and his Councill, or both, or either of them, or otherwi&s;e, or by any a&s;&s;embly or convention pretending to have Authority of
<PB N="66" REF="316"> Parliament, from and after the 19th. Day of <HI>April, 1653.</HI> and before the 7th. of <HI>May, 1659.</HI> And which have not been, or &s;hall not be enacted, allowed, or confirmed by this pre&s;ent Parliament be, and are hereby decla|red, deemed, taken and adjudged to be of no force and effect from and after the &s;aid &s;eventh day of <HI>May 1659.</HI></P>
<P>And be it further enacted, that no per&s;on or per&s;ons, &s;hall after the eleventh of <HI>Octo|ber, 1659.</HI> A&s;&s;e&s;s, Levy, Collect, gather or receive any Cu&s;tom, Impost, Exci&s;e, A&s;&s;e&s;s|ment, contribution, Tax, Tallage, or any &s;umme or &s;umms of money or other impo&s;iti|on what&s;oever upon the people of this Com|mon-wealth, without their con&s;ent in Parlia|ment, or as by law might have been done be|fore the third of <HI>November, 1640.</HI> And that every per&s;on offending contrary to this Act &s;hall be, and is hereby adjudged to be guilty of high Trea&s;on, and &s;hall forfeit and &s;uffer as in ca&s;e of high Trea&s;on.</P></Q></P>
<P>When the Juncto had thrown abroad this killing thunderbolt, to &s;hew that they dur&s;t own the power which they yet conceived them&s;elves Ma&s;ters off, they
<PB N="67" REF="316"> took into con&s;ideration a Letter, dated <HI>October</HI> the 5th. and &s;igned by diver&s;e Officers of the Army, and di|rected to Col. <HI>Okey,</HI> and al&s;o a printed paper, called the humble repre&s;entation and Petition of the Officers of the Army to the Parliament, &amp;c. Upon the read|ing of which two papers, the hou&s;e was &s;o highly in|cen&s;ed and flew into &s;uch a &s;udden heat of pa&s;&s;ion, that without any more adoe they re&s;olved.</P>
<P>That the &s;everall Commi&s;&s;ions of,<NOTE PLACE="marg"><HI>9.</HI> great Officers di&s;pl<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ced and voted out of commi&s;&s;i|on.</NOTE> Col. <HI>John Lam|bert,</HI> Col. <HI>John Desborow,</HI> Col. <HI>James Berry,</HI> Col. <HI>Tho|mas Kel&s;ey,</HI> Col. <HI>Richard A&s;hfield,</HI> Col. <HI>Ralfe Cobbet,</HI> Major <HI>Richard Creed,</HI> Col. <HI>William Packer,</HI> and Col. <HI>Rob. Barrow,</HI> were null and void, and every of them di&s;|charged from military imployment. And that the Army &s;hould be governed by &s;even Commi&s;&s;ioners,<NOTE PLACE="marg">Commi&s;&s;i|oners to govern the Army.</NOTE> <HI>Viz. L. G. Charles Fleetwood, L. G. Edm. Ludlow,</HI> Generall <HI>George Monck,</HI> Sir <HI>Arthur Ha&s;lelrig</HI> Barronet, Col <HI>Va|lentine Walton,</HI> Col. <HI>Harb. Morley,</HI> and Col. <HI>Robert Overton,</HI> or any three or more of them, which &s;aid Commi&s;&s;ioners, were to give notice to the &s;aid nine Officers of the di&s;charge of their Commi&s;&s;ions, which being accordingly communicated, now might you have &s;een the &s;moaking embers of di&s;&s;embled friend|&s;hip, break out into an open flame of violent enmity, this great and &s;o long domineering faction, being di|vided in it &s;elf, and each &s;ide prepairing for its own,<NOTE PLACE="marg">The feud betwixt the rump and the Souldiery breaks out.</NOTE> both defence, and elevation, for now <HI>a Quorum</HI> of the Commi&s;&s;ioners which were appointed to govern the army, being gotten together, and &s;itting all night in the Speakers chamber, which was within rhe Parlia|ment hou&s;e, to i&s;&s;ue forth orders; part of the army with mo&s;t of the di&s;charged Principall Officers pre|&s;ently drew down to <HI>Westmin&s;ter</HI> in a warlike order,
<PB N="68" REF="317"> where they po&s;&s;e&s;&s;ed them&s;elves of the great Hall, the Palace yard, and all avenues, and pa&s;&s;ages lead|ing thereunto, having before given out, that they found it ab&s;olutely nece&s;&s;ary for the good of the Nati|on, to break up this Parliament, for the maintaining whereof another part of the army were as active in drawing together, the &s;ame night al&s;o marching down to <HI>We&s;tmin&s;ter,</HI> and planting them&s;elves in <HI>King&s;treet,</HI> and in and about the <HI>Abbey</HI> Church and Yard: This unu&s;uall a&s;&s;embly at &s;uch an unaccu&s;tomed hour cau&s;ed a generall terrour in the hearts and minds of the Inha|bitants, who dreaded &s;ome greater mi&s;chief than they were &s;en&s;ible of, but the night being pa&s;t, in the morning the Speaker Mr. <HI>W. Lenthall,</HI> at his u&s;uall time came along <HI>King&s;treet,</HI> and had pa&s;&s;age through the ranks of Souldiers, till he came to the new Palace gate,<NOTE PLACE="marg">The Rump turned out of doors.</NOTE> where his Coach was &s;topped, and him&s;elf compelled to return home, as wi&s;e as he went, where|by the hou&s;e was interrupted from &s;itting; which was the chief thing that <HI>Lambert</HI> aimed at; yet though he had thus wrought his purpo&s;e, he dur&s;t not with|draw, but make good his &s;tation again&s;t the other facti|on, the greate&s;t part of the day, each of the Phana|tick leaders (for &s;o indeed they were both) expecting who &s;hould give the fir&s;t blow, of which meekne&s;s the then council of State taking notice, required both to draw off to their quarters, which motion was wil|lingly accepted on all hands, and &s;o both &s;ides march|ed away.</P>
<P><NOTE PLACE="marg">Ob&s;erve.</NOTE>Thus have we &s;een that rump of pretended autho|rity, which in <HI>May</HI> was, with much &s;olliciting, many intreaties, and not a few &s;pecious pretences, courted to come into play, now again in <HI>October,</HI> with as great
<PB N="69" REF="317"> &s;corn and malice laid a &s;ide and trampled on: <HI>Nec lex est ju&s;tior ulla, quam necis artifices arte perire &s;ua,</HI> It hath been a generall Ob&s;ervation, that Trea&s;on is alwayes the greate&s;t puni&s;hment to it &s;elf, like the Viper, it breeds young with her own de&s;truction, and as the Poet &s;peaketh of envy, <HI>&s;it licet inju&s;tus livor,</HI> &s;o may I &s;ay of it, though it be unju&s;t to others, yet is it very ju&s;t, to de&s;troy them fir&s;t that would de&s;troy o|thers.</P>
<P>The Councill of Officers having thus &s;eized the Government into their hands,<NOTE PLACE="marg">Officers meet.</NOTE> played with it for cer|tain dayes, till (with the old Philo&s;opher, in the que&s;tion about God) finding, the more they &s;tudyed, the le&s;s they under&s;tood, and that they were led by an <HI>Ignis fatuus,</HI> which only trained them to the &s;ight, but would never bring them to the certenty, of a &s;ettle|ment, and pondering their own many weakne&s;&s;es, and infirmities, with the exigency of affairs, they fell in|to con&s;ideration of what was fit to be done: In the debate whereof, after many frivolous e&s;&s;ayes, they a|greed at length among them&s;elves to nominate &s;ome per&s;ons to be a Councill of State, which device being applauded, and a new name devi&s;ed for them (for they will be called for&s;ooth the Committee of &s;afety) the&s;e following per&s;ons were pitch'd upon,<NOTE PLACE="marg">They erect a Commit|tee of &s;afe|ty, their names and cha|racters.</NOTE> <HI>Viz. Fleet|wood,</HI> who&s;e folly would have exempted, but they were affraid he would have cryed. Knowing al&s;o that the be&s;t play ever hath a fool in it.</P>
<P><HI>Lambert</HI> a &s;eeming Saint, but chief Engenier of the modell.</P>
<P><HI>Desborow</HI> a drunken Clown, skill'd in Harra&s;&s;ing the land &s;teel, once a &s;neaking petty fogger, now Lord Chancellour of <HI>Ireland,</HI> and a Traytor.</P>
<PB N="70" REF="318">
<P><HI>Whitlock</HI> a lump of ingratitude and deceit.</P>
<P>Sir <HI>Henry Vane,</HI> chief &s;ecretary to the &s;even dead|ly &s;ins.</P>
<P><HI>Ludlow,</HI> once a Gentleman, but &s;ince by him&s;elf Levelled into the plebeyan rank.</P>
<P><HI>Sydenham,</HI> nothing good in him but his name.</P>
<P>Up&s;tart <HI>Saloway Strickland,</HI> once a rumper, after a Lord of <HI>Nolls</HI> edition, then a convert to the good old cau&s;e.</P>
<P><HI>Berry, pedum nequi&s;&s;imus,</HI> the wicked&s;t villain among 10000.</P>
<P><HI>Lawrence,</HI> once an up&s;tart privy Counceller, now &s;carce a Gentleman.</P>
<P>Sir <HI>James Harrington, Per ri&s;um multum po&s;&s;is cog|no&s;cere.</HI>&mdash;</P>
<P><HI>Ware&s;ton,</HI> a mickle knave geud faw Sir.</P>
<P><HI>Ireton,</HI> and <HI>Tichborn,</HI> two of the City Puckfoi&s;ts, who lye leger in the Common Council, to di&s;cover plots for the getting of money.</P>
<P><HI>Henry Brandrith,</HI> fit for mi&s;chief, el&s;e he had not been here.</P>
<P><HI>Thomp&s;on,</HI> a dull fellow, but a &s;oaking Committee|man.</P>
<P><HI>Hew&s;on,</HI> the Common-wealths upright &s;etter.</P>
<P><HI>Sniveling</HI> Col. <HI>Clarke</HI> Factious, Col. <HI>Lilburn,</HI> preach|ing, Col. <HI>Bennet,</HI> and <HI>Cornelius Holland,</HI> a mo&s;t dam|nable Apo&s;tate, both to God and his King.</P>
<P>To the&s;e fellowes thus fitly accoutred, is the Govern|ment committed,<NOTE PLACE="marg">Com &s;afe|ty their power.</NOTE> and not only &s;o, but they have pow|er to call Delinquents to account, to oppo&s;e, and &s;up|pre&s;s all in&s;urrections; to treat with forreign States, and Princes, to rai&s;e the militia's in the &s;everall. Coun|ties. To di&s;po&s;e of all places of tru&s;t, with many other
<PB N="71" REF="318"> things: by which may be &s;een, what an unlimited ar|bitrary power they a&s;&s;umed to them&s;elves over the lives and e&s;tates of all Engli&s;hmen. And that all <HI>Eng|land</HI> might take notice hereof, they &s;end out a Decla|ration in print,<NOTE PLACE="marg">Armies declarati|on.</NOTE> entitled a Declaration of the General Council of the Officers of the Army, wherein they &s;ay they have lodged the civil and executive part of Go|vernment, in the Committee of &s;afety, whom they have obliged to prepare &s;uch a form of Government, as may be&s;t &s;ute with a Free-State, without a &s;ingle per|&s;on, King&s;hip or hou&s;e of Peers: with many equivo|cating, though Saint-like, expre&s;&s;ions to the like effect, with which they hoped to delude the World, and con|tinnue their u&s;urpation, but <HI>Sera venit &s;ed certa venit.</HI> All their hypocriticall &s;hewes cannot cheat God, who rai&s;|eth up the Spirit of one among them&s;elves to cha&s;ti&s;e the errours of their pride, and vain glorious attempts: for no &s;ooner is that Infernall crew of Athei&s;ts met in their Committee, but they are alarumed with a letter from General <HI>Monck</HI> out of <HI>Scotland,</HI> wherein he gives them notice that both him&s;elf and &s;ome Officers of the Army in <HI>Scotland,</HI><NOTE PLACE="marg"><HI>Monck</HI> di&s;&s;atisfi|ed with their pro|ceedings.</NOTE> were much di&s;&s;atisfied in reference to the tran&s;actions of affairs in <HI>England,</HI> at the &s;ame time receiving intelligence that he had, &s;eized &s;everall &s;trong holds, &s;ecured diver&s;e of his di&s;&s;enting Officers, and po&s;&s;e&s;&s;ed him&s;elf of <HI>Barwick,</HI><NOTE PLACE="marg"><HI>Seizeth</HI> Barwick.</NOTE> which drove them for a time into a kind of Phanatick &s;tupidity, that they knew not which way to move in the management of their affairs, but at la&s;t willing to pre&s;erve them&s;elves, they order the forces in the North into a po&s;ture, and command <HI>Lambert</HI> with more Regiments out of the Southerly parts to joyn with them, that &s;o they might appear formidable at lea&s;t at a di&s;tance, and
<PB N="72" REF="319"> put a &s;tay to the violence which they fore&s;aw was ap|proaching to them; for the prevention of which &s;torm Col. <HI>Cobbet</HI> is &s;ent to General <HI>Monck</HI> with in&s;inuating relations,<NOTE PLACE="marg"><HI>Lambert</HI> marcheth again&s;t him.</NOTE> whom the Generall immediately upon his arrivall commits to cu&s;tody, thereby, pre&s;erving his Army from the dangerous contrivances that Per&s;on brought along with him, and depriving of the intelli|gence he might have carried to <HI>England</HI> back with him: which being done by the power of his Commi&s;&s;i|on (as one of the &s;even) he &s;traight new models his Army, according to his own mind, and then declares his re&s;olution to a&s;&s;ert the authority of Parliament, again&s;t all violence what&s;oever. Upon newes of this, our &s;afe Committeemen, knowing the pul&s;e of the late Juncto to beat after the mode of a free-&s;tate, think they &s;hall merit highly at the hands of the Ge|neral, if they promote that, though they di&s;own the Parliament he pretended to declare for, and to that purpo&s;e having nominated &s;everall Gallant fellowes of their own number, <HI>Viz. Fleetwood, Vane, Ludlow, Saloway, Tichburn, Lambert, Desborow, Hew&s;en, Holland,</HI> and others, to con&s;ider of, and prepare, a form of Go|vernment to be &s;etled over the three Nations,<NOTE PLACE="marg">Safe Com|mittee for a free-&s;tate.</NOTE> in the way of a Free-State and Common-wealth, they &s;end away <HI>Whalley, Goffe, Caryl,</HI> and <HI>Barker,</HI> to &s;hew the &s;ame to General <HI>Monck,</HI> and thereupon to medi|ate with him for avoiding the effu&s;ion of blood: the Officers at <HI>London</HI> writing al&s;o to his Officers, and ex|po&s;tulating with them, touching the nece&s;&s;ity of a bro|therly union, crying out of nothing but Liberty, while the Nation groan'd under their oppre&s;&s;ion; But <HI>Monck</HI> revolving with him&s;elf, both the greatne&s;s, difficulty, and hazard, of his de&s;ign, concludes not to be ra&s;h in
<PB N="73" REF="319"> a direct quarrel, but rather by procra&s;tinations to weaken the force of his enemies (which he knew could not continue long without money) and &s;o to gain the victory without &s;triking a blow, therefore to amu&s;e them, and ca&s;t the more &s;eeming glo&s;s upon his action he orders Col. <HI>Talbot,</HI><NOTE PLACE="marg">Monck de|&s;ires a treaty.</NOTE> and Dr. <HI>Clargies</HI> (who were the fir&s;t me&s;&s;engers &s;ent to him) to &s;end <HI>Fleet|wood</HI> word that him&s;elf and his Officers had nomi|nated Col. <HI>Wilkes</HI> L. C. <HI>Cloberry,</HI> and Major <HI>Knight,</HI> to repair &s;peedily to <HI>London,</HI> and treat with the like number of Officers there, for a firm unity and peace, and the better to confirm it, he &s;ends another Letter from him&s;elf to the &s;ame purpo&s;e, with pro|mi&s;e that his forces &s;hould advance no further. But the Committee of &s;afety, willing by &s;trenth to hold what they had got, and not knowing what to think of the Generall, i&s;&s;ue out many &s;everall Commi&s;&s;ions to rai&s;e forces throughout all <HI>England,</HI> to anticipate him, and to &s;ettle Militia's to be ready in a moment,<NOTE PLACE="marg">Militia &s;etled.</NOTE> as it were to re&s;i&s;t him: which he hearing, and that <HI>Lambert</HI> was coming again&s;t him with thirteen thou|&s;and men, he according to his before mentioned Let|ter, forthwith &s;ends his three appointed me&s;&s;engers for peace, upon who&s;e arrivall at <HI>Yorke,</HI> in <HI>November,</HI> and &s;peech with <HI>Lambert,</HI> he became &s;o farr &s;atisfied of their intentions towards an Accommodation, that thereupon he gave order his forces &s;hould advance no further Northward in their march.</P>
<P>Things being brought now into this po&s;ture,<NOTE PLACE="marg">The treaty begun.</NOTE> the Generalls three Commi&s;&s;ioners arrive at <HI>London, No|vember</HI> the 12th. where the Treaty is immediately be|gun: which lulled the Committee of &s;afety into &s;uch a &s;ecurity, that they begin to think of &s;hareing great
<PB N="74" REF="320"> Offices and places of tru&s;t and profit among them|&s;elves, to this end, appointing <HI>Fleetwood, Desborow, Sydenham, Saloway, Cornelius Holland,</HI> Col. <HI>Clark,</HI> Col. <HI>John Blackwell,</HI> or any two of them to be Commi&s;&s;i|oners for the Trea&s;ury, and to manage the affaris of the publick revenue, with power as large as could be de&s;i|red: (And would it not be well managed think you in the hands of &s;uch bankrupts) but while the&s;e men mind their own wealth only, the Treaty mu&s;t not be forgotten, which was now in hand, and on a &s;udden brought to &s;uch an i&s;&s;ue, that it &s;tartled the City, who had by Col. <HI>Alured,</HI> and Collonel <HI>Markham</HI> received Letters from <HI>Scotland</HI> of another purport, for at la&s;t the Commi&s;&s;ioners on both &s;ides agreed on the&s;e heads en|&s;uing, that is to &s;ay.</P>
<P><NOTE PLACE="marg">The arti|cles of the Treaty.</NOTE><HI>That the pretended Title of</HI> CHARLES STU|ART, <HI>or any other claiming from that family &s;hould be utterly renounced.</HI> (O horrid Trea&s;on, fir&s;t murder the Father, and then abjure the Son!)</P>
<P><HI>That the Government of the&s;e Nations, &s;hall be by a free State or Common-wealth, and not by a &s;ingle per&s;on, King, or hou&s;e of Lords.</HI> What mu&s;t the new &s;ettlement utterly aboli&s;h all the old fundamentall Laws of <HI>Eng|land</HI> at one breath? Your Precipitation bodes your ruine.</P>
<PB N="75" REF="320">
<P><HI>That a Godly and learned Mini&s;tery, &s;hall be main|tained and encouraged:</HI> 'Tis well the Generalls Men thought of it, for you may be a&s;&s;ured it is again&s;t the principle of Anabapti&s;ts, and fifth-Monarchy Men;</P>
<P><HI>That the Univer&s;ities &s;hall be reformed and countenan|ced, &s;o, as that they may become Nur&s;eries of Piety, and Learning. That the Officers and Souldiers, and other per|&s;ons on either &s;ide be indemnified for what is pa&s;t, touching their late difference, and that all unkindne&s;s betwixt them be buried in perpetuall Oblivion;</HI> pray take care of that: but it may be &s;uppo&s;ed you &s;hall be the furthe&s;t off when you think your &s;elf neere&s;t.</P>
<P><HI>That the Officers which were made pri&s;oners in</HI> Scotland, <HI>be forthwith &s;et at liberty;</HI> How will the Generall like that?</P>
<P><HI>That the Armies be pre&s;ently di&s;po&s;ed into quarters, and that there be a committee of nineteen whereof nine to make the</HI> Quorum, <HI>who were to meet about qualifications, for &s;ucceeding Parliaments.</HI></P>
<P>This was the effect of part of the agreement, which was &s;ent away with all &s;peed to Generall <HI>Monck;</HI> up|on knowledge whereof, and by rea&s;on, the conclu&s;ions of the &s;aid Treaty were &s;o contrary to the Letters, by them formerly received, the City was &s;tartled,<NOTE PLACE="marg">The City &s;tartle.</NOTE> having
<PB N="76" REF="321"> (as they &s;uppo&s;ed by order) been encouraged to &s;tand fa&s;t in their liberty for their Laws, Priviledges, Pro|perties, and lawfull Government.</P>
<P>But the Generall in a wi&s;e fore&s;ight, and providen|tiall care, having ca&s;t in his mind the danger he &s;tood in (for he had a wolfe by the ears) though he &s;ent his Commi&s;&s;ioners afore&s;aid, yet re&s;erved to him&s;elf the rati|fication, &s;o that nothing &s;hould be of force untill it were confirmed with his own &s;eal: But now the articles of the Treaty being come to his hands, he commands the return of his Commi&s;&s;ioners, which they obeying, he pre&s;ently commits Col. <HI>Wilks</HI> to cu&s;tody for going beyond his Commi&s;&s;ion) declareth the Treaty void,<NOTE PLACE="marg"><HI>Monck</HI> commits one of his Commi&s;&s;i|oners.</NOTE> and marcheth toward the borders: which the Com|mittee of &s;afety being adverti&s;ed off, fall to their old tricks to delude the people, endeavouring to make them believe it was only a rumour grounded on a fained Letter pretended to be by him &s;ent to the City, whereas they &s;eemed to be a&s;&s;ured that he would acqui|e&s;ce in the former agreement, but truth who is <HI>filia temporis,</HI> the daughter of time, quickly appeared to undeceive the people; for in this <HI>interim</HI> his excellency (having as him&s;elf expre&s;&s;ed it a call from God and Man, to march into <HI>England,</HI> for re&s;etling the Parlia|ment) calleth an a&s;&s;embly of the Nobles and Gentry of <HI>Scotland</HI> at <HI>Edenburgh,</HI><NOTE PLACE="marg">He calls an a&s;&s;em|bly in <HI>Scotland.</HI></NOTE> to whom he propo&s;ed the&s;e three things.</P>
<P N="1">1. That they would, during his ab&s;ence, which would not be long, pre&s;erve and &s;ecure the peace of that Nation.</P>
<P N="2">2. That they would &s;upply him with &s;ome men for his undertaking (which he engaged upon his honour &s;hould be to their &s;atisfaction) and that if any troubles
<PB N="77" REF="321"> &s;hould ari&s;e, they would a&s;&s;i&s;t him in the &s;uppre&s;&s;ing thereof.</P>
<P N="3">3. That they would advance and rai&s;e what money they could before hand.</P>
<P>To the&s;e Propo&s;itions the Earl of <HI>Glencarn,</HI> who was chairman of that a&s;&s;embly, returned the&s;e mo|de&s;t an&s;wers.</P>
<P N="1">1. That they could not engage to pre&s;erve the peace of the Countrey in his ab&s;ence, wanting armes, and &s;o in no condition to do it, but they &s;hould with all faith|fullne&s;s notwith&s;tanding endeavour it.</P>
<P N="2">2. That they were uncapable to an&s;wer his de&s;ires for the rea&s;ons afore&s;aid, neither did they think it prudent for them to engage in a war, which if it &s;hould prove un&s;ucce&s;sfull on their part, would be a ruine to them: or if &s;ucce&s;sfull, they did not under&s;tand, that it would be advantagious to them in any mea&s;ure. But as to the third.</P>
<P N="3">3. That they were content to levy moneys, and ad|vance a years tax aforehand.</P>
<P>Generall <HI>Monck</HI> highly &s;atisfied with tho&s;e civil re|turnes, endeavours to care&s;ce and indear them by.</P>
<P><MILESTONE N="1"> Giving the Lords and gentry power to arme them|&s;elves, <MILESTONE N="2"> by &s;atisfying them privately in the de&s;ign of his expedition, and <MILESTONE N="3"> accepting of their years taxes.</P>
<P>Hereupon he re&s;olves now to dally no longer than his &s;upplies of Men and money come in, in the mean while holding corre&s;pondence and intelligence with his friends all over <HI>England,</HI><NOTE PLACE="marg">He keeps intelli+gence.</NOTE> from whom he a new received adverti&s;ement, that if he could yet for a litle time keep fairly at a di&s;tance, his work &s;hould be done e|ven without any noi&s;e of drum or trumpet except it were in exultation and triumph. This advi&s;e cau&s;ed
<PB N="78" REF="322"> him to make &s;ome &s;eeming overtures of a &s;econd treaty with <HI>Lambert,</HI> yet all along in&s;i&s;ting upon the re-ad|mi&s;&s;ion of the Parliament, before they began it.</P>
<P>As a balk to which the Committee of &s;afety de|clared,<NOTE PLACE="marg">The <HI>Wal|lingford</HI> in govern|ment.</NOTE> (hoping thereby yet to lead the Nation into further errour and mi&s;chief) that they had tran&s;mitted a great part of a form of government for the&s;e Nations to a Committee of the Officers of the Army ('tis like to be well done if it mu&s;t be hewen out by a dint of the &s;word) to be con&s;idered by them, (a mad crew of <HI>Gotamists</HI>) who daily meet, and are gone through a great part of it with much &s;atisfaction, (to them|&s;elves po&s;&s;ibly to think how finely they &s;hould Lord it, but to no body el&s;e &s;urely) they are very de&s;irous to have &s;uch a Government, as may pre&s;erve the Liberties of the Nation (this is the old cheat) and &s;ecure the cau&s;e they have contended in (which is flat trea&s;on and rebellion) both again&s;t <HI>CHARLES STV|ART,</HI> and any other that may di&s;turbe the peace: hoping in time to make it appear, that their Enemies are Liers when they traduce them and render them a people that &s;eek only them&s;elves. Then they con|clude, that they hope the faith of Gods people will hold out and not make ha&s;t, and that good men will help them in their prayers, that God the Lord would bring forth righteou&s;ne&s;s and truth, and di&s;|cover, and bring to nought the &s;ecret contrivances of all his adver&s;aries: And &s;o no doubt, he will to the &s;hame and ruine of all &s;uch di&s;&s;embling Hypocrites.</P>
<P>About this time being the later end of <HI>November,</HI> the People beginning to &s;mell their knavery, drew &s;everal Petitions, with an intent to deliver them, but their crazie &s;tomacks being not able to bear &s;uch &s;trong Phy|&s;ick,
<PB N="79" REF="322"> belched forth a Proclamation again&s;t all &s;uch Pe|titions,<NOTE PLACE="marg">Proclaim again&s;t &s;u<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">&s;cripti|ons.</NOTE> which they call undue and dangerous pa|pers, and prohibite all per&s;ons to &s;ub&s;cribe any &s;uch papers, and if offered to &s;uppre&s;s them, or cau&s;e the per&s;on endeavouring to get &s;ub&s;criptions to be appre|hended, upon penalty of being accounted di&s;turb<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">rs to, and enemies of, the peace.</P>
<P>But this not working its de&s;ired effect, but rather making men the more eager, &s;o as they began to fear tumultuous proceedings, therefore the Mayor is com|manded and he accordingly &s;ent warrants to all City Officers to charge all Ma&s;ters of families to keep in their Sons and Servants: This enraged the youth of the City to &s;uch a height, that the Committee of &s;afe|ty fearing their own danger to ari&s;e from &s;ome di&s;tur|bance there, gave order <HI>December</HI> the 5th. to part of the Army,<NOTE PLACE="marg">Hew&s;on <HI>goes into</HI> London.</NOTE> both hor&s;e and foot to march into the City, which they did early in the morning, where being entred, great multitudes of all &s;orts of people gathered together in the Streets, the &s;hops were &s;hut up, and the Souldiers in all places affronted, which &s;o madded them, that by command of their Col. <HI>Hew&s;on,</HI> they fell on the people with &s;ome violence, and killed two or three per&s;ons, wherewith the mul|titude for the pre&s;ent di&s;per&s;ed, but began to bear a grudge, who&s;e revenge would not be &s;atisfied but with the ruine of their oppre&s;&s;ours. This was the la&s;t help they had to rely on that they would rather reduce all to a <HI>Chaos,</HI> than quit their hold, &s;natching at every the lea&s;t opportunity that did but flatteringly &s;eem to of|fer them an advantage: for by this, though unwillingly, fore&s;eeing their Cata&s;trophe at hand they are driven into more &s;ad thoughts of their di&s;&s;olution, by the re|volt
<PB N="80" REF="323"> of <HI>Port&s;mouth,</HI> which <HI>Ha&s;lerig, Walton,</HI> and <HI>Morley,</HI> with the con&s;ent of Col. <HI>Whetham,</HI> the Governour had gained: now might any man gue&s;s their time to be &s;hort by the violent extravagancy of their actions, for <HI>nullum violentum diuturnum;</HI> the news of which arriving to them, they &s;ent &s;ome hor&s;e and foot either to re|duce or block up that garri&s;on (here we &s;ee, now we &s;ee that great and divelli&s;h faction of Independency &s;trongly divided) but &s;oft and fair, the game goes quite contrary, as will appear afterwards.</P>
<P>During this dealing at <HI>Port&s;mouth,</HI> the Army Offi|cers finding that nothing would &s;atisfie the People, but either to re-admit the Rump Parliament or have a|nother, they to give them hopes of a glimmering of content, Ordered.
<Q><P><NOTE PLACE="marg">Parlia|ment pro|claimed by Com|mittee of &s;afety.</NOTE>That a Parliament &s;hall be called and ap|pointed to &s;it down in or before <HI>February</HI> next.</P>
<P>That the Parliament to be called as afore|&s;aid, &s;hall be according to &s;uch qualificati|ons as are or &s;hall be agreed upon, and may be&s;t &s;ecure the ju&s;t rights, liberties, and priviledges of the people.</P></Q></P>
<P>This mu&s;t be &s;olemnly proclaimed for&s;ooth by their journey men of &s;afety, together with another edict of the &s;ame &s;tamp, commanding all hone&s;t and loyal &s;ouls out of the Cities of <HI>London,</HI> and <HI>Westminster,</HI> upon pain, of impri&s;onment, and to be proceeded again&s;t as traytours, and executed: By this means, they
<PB N="81" REF="323"> thought to walk in a mi&s;t without any &s;upervi&s;ors, but alas they were much mi&s;taken, for though they thus cleered them&s;elves, as they thought, from fear of the Common Enemy (as they termed all loyali&s;ts) yet they could not free them&s;elves of their new gotten Enemies at <HI>Port&s;mouth,</HI> by who&s;e policy they were out|witted and ca&s;heired: yet neverthele&s;s &s;even princi|ples and unalterable fundamentalls are agreed on, which were publi&s;hed to this effect, by the&s;e high and mighty <HI>Johns</HI> a Leyden.</P>
<P N="1">1. That no King&s;hip &s;hall be exerci&s;ed in the&s;e Nations.<NOTE PLACE="marg"><HI>Walling|ford 7.</HI> principles of Rule</NOTE></P>
<P N="2">2. That they will not have any &s;ingle per&s;on to exerci&s;e the office of chief Magi&s;trate in the&s;e Nati|ons.</P>
<P N="3">3. That an Army may be continued and maintain|ed, and be conducted, &s;o as it may &s;ecure the peace of the&s;e Nations, and not be disbanded, nor the conduct thereof altered but by con&s;ent of the con&s;er|vatours appointed.</P>
<P N="4">4. That no impo&s;ition may be upon the con&s;cien|ces of them that fear God.</P>
<P N="5">5. That there be no hou&s;e of Peers.</P>
<P N="6">6. That the Legi&s;lative and Executive power be di&s;tinct, and not in the &s;ame hands.</P>
<P N="7">7. That the a&s;&s;emblies of the Parliament &s;hall be elected by the people of this Common-wealth, duly qualified.</P>
<P>Here you &s;ee the &s;cope of the&s;e <HI>Bedlamites,</HI> and what a fine hotch potch they would have made,<NOTE PLACE="marg">Law&s;on <HI>declares.</HI></NOTE> but their &s;port was quickly &s;poiled by a Declaration from Vice-admirall <HI>Law&s;on</HI> giving &s;everall rea&s;ons of a ne|ce&s;&s;ity for the long Parliament to &s;it again, neither
<PB N="82" REF="324"> would any thing el&s;e &s;atisfie him, though Sir <HI>Henry Vane</HI> him&s;elf with his Je&s;uited and poy&s;onous breath &s;ought to infect him.</P>
<P>Now al&s;o had <HI>Ha&s;lerig, Morley,</HI> and others &s;o be|&s;tirred them&s;elves, and by their policy wrought upon the Souldiers that were &s;ent by the <HI>Wallingfordians</HI> again&s;t them that they all came over to them, and relinqui&s;hed their preten ed Ma&s;ters, who&s;e want of money (if nothing el&s;e) would have made their cau&s;e &s;eem bad enough, e&s;pecially &s;ince the rogue of all the King|dom ran directly encounter to their de&s;ignes, their being motions almo&s;t in every County, &s;ome for the Rump wholy, others for the joyning of the &s;ecluded members to them, but mo&s;t, and they the wi&s;e&s;t, mo|derate&s;t, and not lea&s;t con&s;iderable were for a full and free Parliament, but Independency being not yet ar|rived at its full period,<NOTE PLACE="marg">Indepen|dencies fir&s;t decli|ning.</NOTE> begins fir&s;t to decline by the General advance, though in part &s;eemingly upheld by admitting the Rump-Parliament again into their full power, as when they were interrupted the thirteenth of <HI>October</HI> before going, who accordingly, on the four and twentyeth day of <HI>December,</HI> were owned by all the Souldiery, both in <HI>England</HI> and <HI>Ireland,</HI> as the &s;uprem authority with much &s;olemnity, the Speaker <HI>Lenthall</HI> going immediately to take care of the <HI>Tower</HI> of <HI>Lon|don,</HI> the Government whereof he committed for the time pre&s;ent to Sir <HI>Anthony A&s;hly-Cooper,</HI> Mr. <HI>Weever,</HI> and Mr. <HI>Berners,</HI> and on <HI>Munday</HI> the 26th. of <HI>Decem|ber,</HI> in the evening by twilight began to &s;it again, and were as peremptorily imperious as before, command|ing <HI>Lambert</HI> to <HI>London,</HI><NOTE PLACE="marg"><HI>Lam|berts</HI> Ar|my vani|&s;heth.</NOTE> who&s;e forces were all, either revolted away to General <HI>Monck,</HI> or piece-meal re+tired into quarters for want of pay, yet notwith&s;tand|ing
<PB N="83" REF="324"> all this removall of force from them, they thought not them&s;elves &s;ecure, untill he by his authority came to awe the Souldiery, and people, who were now grown tumultuous, and as ready to throw them out of the &s;adle, as they had done the <HI>Wallingford</HI> faction.</P>
<P>H s excellency therefore,<NOTE PLACE="marg">Monck <HI>marches to</HI> Eng|gland.</NOTE> (who could never be per|&s;waded out of <HI>Scotland,</HI> &s;ince he fir&s;t went thither) now layes hold on this opportunity, to do his Coun|try &s;ervice, having therefore, as is before mentioned, &s;ecured <HI>Scotland,</HI> he likewi&s;e deals with Sir <HI>Charles Coot,</HI> and others in <HI>Ireland,</HI> who &s;triking a perfect harmony with him, did &s;urpri&s;e the mo&s;t eminent Phanaticks in the mid&s;t of their de&s;ignes in <HI>Dublin</HI> Ca&s;tle, and &s;top <HI>Ludlow,</HI> who was commander in chief in <HI>Ireland,</HI> at Sea, by this means making all <HI>Ireland</HI> &s;ure for the Parliament [for &s;uch yet was the pretence] as it was in the 12th. of <HI>October,</HI> 1659. This wrought &s;o effectually, and even to &s;uch an exce&s;s of joy in the Parliament, that they not only approved of all Generall <HI>Monkes</HI> former actions, but ordered the hearty thanks of the hou&s;e to be given to him for his fidelity, and faithfull &s;ervice, and a letter of thanks to be &s;ent to him, &s;igned by Mr. Speaker, a proper reward &s;urely, as if one word of their mouths were a &s;ufficient recompence for all labours, hazards, and travels.</P>
<P>While they are thus minding them&s;elves and boa&s;t|ing of their own &s;trength, they receive a cooling card from &s;ome of the &s;ecluded members, who demanded to be admitted to &s;it, if that Parliament were not bro|ken, which put our mu&s;hromes Juncto into &s;uch a dump, that they were fain to pa&s;s this following Re&s;olve.
<Q><PB N="84" REF="325">
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="document">
<OPENER><DATELINE><DATE>Tue&s;day 27. <HI>December.</HI> 1659.</DATE></DATELINE></OPENER>
<P><NOTE PLACE="marg">Note this.</NOTE><HI>Re&s;olved,</HI><LB> That on the fifth of <HI>January</HI> next, this hou&s;e will take into con&s;ideration the ca&s;e of all ab&s;ent Members, and al&s;o how to &s;up|ply the vacant places in order to the filling up of the hou&s;e; and that in the mean time it be referred to a Committee, to con&s;ider of all proceedings, and all orders, and ca&s;es touch|ing ab&s;ent members, and make their report at the &s;ame time.</P>
</DIV1>
</BODY>
</TEXT></Q></P>
<P>But this did not prove &s;atisfactory, as they expected it &s;hould, for the City begins to grow di&s;content, pre|paring them&s;elves for a po&s;ture of defence; In the Country the ca&s;heired Officers, and the depre&s;&s;ed No|bility and Gentry be&s;tir them&s;elves, courting his Ex|cellency all along in his march, and ecchoing in his ears perpetually a free Parliament, to whom he gene|rally gave no other an&s;wers, but that he would u&s;e his utmo&s;t intere&s;t, to per&s;wade them to rea&s;on and Ju&s;tice, in the mean time wi&s;hing them to acquie&s;ce in what they &s;hould order; thus he marcheth with his whole Army, modelling to his own mind all Gari&s;ons and forces in his way: This and his number of men that he brought with him, being far beyond allowance, (for they ordered only three hundred) put our Rum|pers to a &s;tand, and they could not be &s;atisfied untill
<PB N="85" REF="325"> they &s;end the &s;ubtile&s;t couple in the hou&s;e,<NOTE PLACE="marg"><HI>Scot</HI> and <HI>Robin&s;on</HI> are &s;ent to <HI>Monck.</HI></NOTE> <HI>Scot</HI> and <HI>Robin&s;on,</HI> to &s;ound his intention, under pretence of con|gratulating his coming to <HI>England,</HI> and complementing him, to whom he carried him&s;elf with &s;o much gravity and re&s;ervedne&s;s, that they could not catch one dropping &s;yllable that might betray him.</P>
<P>About this time the City by their Sword-bearer,<NOTE PLACE="marg">The City Cou<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">t him.</NOTE> &s;end to him, to whom he returnes, that he is for the Parliament as afore&s;aid, yet a&s;&s;ures them that, when he came to the City, he would &s;atisfie their de&s;ires and hopes conceived of him, thus owning the authority then in being, he keeps clo&s;e to his commi&s;&s;ion, not|wit&s;tanding all the addre&s;&s;es of the Countries for a free Parliament, promi&s;ing nothing more but that he would &s;ee all force removed from the Parliament, 2. The Hou&s;e filled, and 3. That there &s;hould be good provi&s;i|on made for future Parliaments. Thus with a &s;low and orderly march, attended by the prayers and wi&s;hes of the whole Nation, he comes at length to St. <HI>Albans.</HI><NOTE PLACE="marg">He comes to St. <HI>Al|bans.</HI></NOTE></P>
<P>In this interval of time, the Rumpers minding to in|gro&s;s the whole power, both Legi&s;lative, and Execu|tive into their own hands, and to &s;hare all places of tru&s;t and profit among them&s;elves: on the fifth of <HI>Ja|nuary</HI> pa&s;s this following vote.
<Q><P><HI>Re&s;olved,</HI><NOTE PLACE="marg">Ob&s;erve this.</NOTE><LB> Touching ab&s;ent Members, that the Par|liament doth adjudge and declare, that the Members who stand di&s;charged from voting or fitting in the years <HI>1648</HI> and <HI>1649.</HI> do stand duly di&s;charged by judgment of Parli|ament
<PB N="86" REF="326"> from &s;itting as Members of this Par|liament, during this Parliament; and that writs do i&s;&s;ue forth for electing of new Members in their places.</P></Q></P>
<P>Thus did they intend to have perpetuated them&s;elves for their l<GAP DESC="illegible" EXTENT="1 letter">ves, and to have bequeathed their villany in &s;ucce&s;&s;ion, to &s;uch as were to be new cho&s;en, having al|ready concluded,<NOTE PLACE="marg">Oath of abjurai<GAP DESC="illegible" EXTENT="1 letter">|on.</NOTE> that the Oath of renunciation of the title of CHARLES STUART (as the&s;e unman|nerly mungrels were plea&s;ed to &s;tile their Soveraign) and the whole line of the late King <HI>James</HI> &s;hould be taken by every member that hereafter &s;hall &s;it in Par|liament, nay &s;o high were they now grown, that they committed diver&s;e for but Petitioning for a free Parlia|ment.</P>
<P><NOTE PLACE="marg">M. <HI>comes to</HI> Lon|don.</NOTE>This made his Excellency ha&s;t up to <HI>London,</HI> where his Lady and Family were come before him by Sea; into which City he comes about the beginning of <HI>Fe|bruary,</HI> and takes up his lodging at <HI>White-Hall,</HI> as the Parliament had appointed him (contrary to the thoughts of many) and after two or three dayes refre&s;h|ment (taking no notice of his re&s;entment of the afore|&s;aid in&s;olencies) he &s;olemnly attends the hou&s;e accor|ding to their order,<NOTE PLACE="marg">Goes to the hou&s;e.</NOTE> and with much mode&s;ty gives them an account of his undertakings, refu&s;ing the chair offered him for his ea&s;e and honour, but leaning on the back of it, he delivered him&s;elf to this effect.</P>
<P><NOTE PLACE="marg">H<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">s &s;peech then.</NOTE><HI>That he de&s;erved not the thanks they gave him, having done no more than his duty, but wi&s;hed them rather to prai&s;e God for his mercy: then he humbly de&s;ired them to &s;atisfie the expectation of the Nation in the establi&s;hment of their
<PB N="87" REF="326"> laws, liberties, properties, &amp;c. God having re&s;tored them, not &s;o much that they &s;hould &s;eek their own, as the pub|lick, good. He de&s;ired them in particular to take away the jealou&s;ie, men had of their perpetuity, by determining their own &s;e&s;&s;ions, and providing for future Parliaments, wi&s;hing them to u&s;e the Nobility and Gentry civilly, intimating that it was their wi&s;dom rather to enlarge, than contract their in|tere&s;t, he told them, that the fewer qualifications they put upon &s;ucceeding Parliaments, the better, and de&s;ired them to be tender in impo&s;ing new oaths (for he had heard of the oath of abrenunciation) alledging there was more rea&s;on to repent of tho&s;e already taken, than to take new ones, &s;o warning them to take heed of Cavaliers, and Phanaticks, he concluded, commending</HI> Scotland <HI>to their care, and a&s;&s;uring them of</HI> Ireland, <HI>and hinting at a Free-State.</HI></P>
<P>This done, and he retired loaden with thanks,<NOTE PLACE="marg">How the P. employ him.</NOTE> he withdrawes to his place in the Councill of State, where the fir&s;t that he finds under con&s;ideration is the reducing of the City, (which to make a &s;hort digre&s;&s;i|on was now grown unruly, being &s;tifly re&s;olved to own no power, but that of a full and Free Parliament, whereto they had been encouraged by the Country in &s;everall Declarations, but e&s;pecially that of <HI>Devon&s;hire,</HI> which in regard it gives the &s;ence of all in one, and was that chiefly &s;tuck to by the City: I &s;hall give it you at large, as Mr. <HI>Bamfield,</HI> the Recorder of <HI>Exon,</HI> &s;ent it to the Speaker, <HI>January</HI> the 14th.</P>
<Q><PB N="88" REF="327">
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="document">
<HEAD>The Declaration.</HEAD>
<P>We the Gentry of <HI>Devon,</HI> finding our|&s;elves without a Regular Government, af|ter your la&s;t interruption, de&s;igned a publick meeting to con&s;ult remedies, which we could not &s;o conveniently effect till this weeke at our general quarter Se&s;&s;ions, at <HI>Exon;</HI> where we found diver&s;e of the Inhabitants groaning under high oppre&s;&s;ions, and a general defect of trade, to the utter ruine of many, and fear of the like to others, (which is &s;o vi&s;i|ble in the whole Country) that it occa&s;ioned &s;uch di&s;orders, as were no &s;mall trouble and di&s;turbance to us, which (by Gods ble&s;&s;ing upon our endeavours) were &s;oon &s;uppre&s;t without blood: And though we find, &s;ince our last purpo&s;es, an alteration in the State of affairs, by the re-a&s;&s;embling you at the helme of Government, yet we conceive that we are but in part redre&s;t of our grievances, and that the chief expedient to amend the whole, will be the recalling all tho&s;e Members that were &s;ecluded in <HI>1648.</HI> And &s;ate before the fir&s;t force upon the Parliament, and al&s;o by
<PB N="89" REF="327"> filling up vacant places, and all to be ad|mitted without any Oath and engagement previous to their entrance, for which things if you plea&s;e to take a &s;peedy cour&s;e, we &s;hall defend you again&s;t all oppo&s;ers, and future interrupters, with our Lives and fortunes: for the accompli&s;hment whereof we &s;hall u&s;e all lawfull means, which we humbly conceive may best conduce to the peace and &s;afety of this Nation.</P>
</DIV1>
</BODY>
</TEXT></Q>
<P><HI>This was &s;igned by mo&s;t of the chief gentry of the Country.</HI></P>
<P>Now the City, owning the purport of this Decla|tion by one of their own, and refu&s;ing to pay taxes, had drawn the Councill of State to that violent ebulliency, of reducing it to a &s;ubmi&s;&s;ion, which was, as I &s;aid be|fore, the point, upon which they fell, when fir&s;t General <HI>Monck,</HI> came fir&s;t among them; for they had rather bring the whole World into a combu&s;tion than their u&s;urped power either to equals or &s;uperiours,<NOTE PLACE="marg">Mo. goes into the City and demands taxes.</NOTE> they were &s;o in love with power, that they would not have left pilling, as long as there had remained any matter ei|ther to &s;atisfie their ambition or covetou&s;ne&s;s; wherefore they re&s;olve to drive on furiou&s;ly, and there|fore give order to the Generall to march into the City, with &s;o many hor&s;e and foot, as &s;hould reduce them to an obedience, and compell them to pay the A&s;&s;e&s;&s;ment. His excellency according to their com|mand,
<PB N="90" REF="328"> being then their &s;ervant, went to the City, and at <HI>Guildhall</HI> peremptorily demandeth, by order from the Parliament and Councell of State, the payment of their taxes: this &s;o &s;udden demand, coming from him (from whom they hoped better things) and quite contrary to their expectation, drove the Citizens to &s;uch a <HI>non-plus,</HI> that for a time they were as exta&s;ied not knowing what to &s;ay, but at la&s;t, recollecting &s;omewhat of an Engli&s;h temper, they return this an&s;wer. <HI>That in</HI> Magna Charta <HI>confirmed by the Petition of right, and re|newed by the pre&s;ent Parliament, a day before their force|able di&s;&s;olution upon the</HI> 11 <HI>of</HI> October, <HI>they were to pay no taxes, &amp;c. but by their con&s;ent in Parliament, which now they had not:</HI> yet to avoid giving any offence, they de&s;ire time to con&s;ider of it, which the Generall grants, but in the mean time writes to the hou&s;e to know their plea&s;ure, to which they pre&s;ently an&s;wer, that 1. he &s;hould impri&s;on Col. <HI>Bromfield,</HI> Alderman <HI>Bludworth,</HI> L. C. <HI>Jack&s;on,</HI> Major <HI>Cox,</HI> Col. <HI>Vincent, &amp;c.</HI> Some of which had waited upon him from the City but a little before; 2. that he &s;hould remove their chains, dig up their po&s;ts, and break their gates.</P>
<P><NOTE PLACE="marg"><HI>M.</HI> his carriage in that ex|igent of affairs.</NOTE>The&s;e &s;trange orders being brought to him, did a litle &s;tartle him, knowing they were &s;ent as well to try his patience and obedience; as to breed an open enmity between him and the City, thereby to compell him to &s;erve them perpetually, by being a&s;&s;ured that they were mortall enemies; yet not willing, &s;ince he had gone &s;o farr with &s;ucce&s;s, to loo&s;e all now by pa&s;&s;ion, he with &s;ilence obeyes them readily, and thereby cleer|ly finds the temper of the City to be po&s;itively re&s;o|lute for Liberty and right, &s;o that being &s;en&s;ible they might be tru&s;ted, he hopes &s;hortly to make them an a|mends,
<PB N="91" REF="328"> which he had an occa&s;ion offered to do &s;oone than he expected,<NOTE PLACE="marg">Is ungene|rall'd.</NOTE> for the Parliament had a double de|&s;ign upon him, fir&s;t to weaken him in his intere&s;t and credit, by an imployment which they knew would &s;o incen&s;e the City, and then while he is acting their un|rea&s;onable commands, they are bu&s;ie in undermining him in his power; for when he had done their de&s;ign as they thought, to the enraging of the Citizens, and breeding in their hearts revengefull thoughts,<NOTE PLACE="marg">He joynes with the City.</NOTE> he returnes to <HI>White-Hall</HI> upon <HI>Friday</HI> the 10th. Day of <HI>February,</HI> upon which day his Commi&s;&s;ion did expire, in&s;tead of the renewing whereof, which he might with much ju&s;tice have expected, as the reward of his merit, he is made a Colonel again, and only made equal in com|mand with &s;ix men more, as &s;hort of him in de&s;ert, as in hone&s;ty, wherewith when he had acquainted the Officers of his Army, who were much un&s;atisfied with &s;uch a reward for their late abominated imploy|ment, agreed unanimou&s;ly among them&s;elves, that the Parliament intended to lay them a&s;ide, notwith|&s;tanding their former faithfull &s;ervice to them, and to perpetuate the Nations &s;lavery, by their datele&s;ne&s;s: and therefore they re&s;olved to march with their Gene|ral into the City to joyn with them, and declare for a free Parliament: to this purpo&s;e a conference is had at the Three Tunnes near <HI>Guild-hall,</HI> where the City and Army &s;trike hands, at which time his Excellen|cies Officers remon&s;trate the re&s;ent they had of the violence they were commanded to offer that famous City, which was of a &s;tamp unparalleled in the mo&s;t hor|rid rage of former ages, who&s;e barbarou&s;ne&s;s even &s;pa|red that, when they hara&s;&s;ed the whole Nation be|&s;ide, then give warning of &s;everal per&s;ons, both with|in
<PB N="92" REF="329"> and without the City, who&s;e tyrannous minds they feared, abhorring in an e&s;peciall manner a late pe|tition delivered in the hou&s;e by one <HI>Prai&s;e-God Bare|bone,</HI> being a trea&s;onous libell, &s;ubver&s;ive of all order and Government, dangerous to religion, both in di&s;ci|pline and wor&s;hip, and de&s;tructive to all Lawes, Sta|tutes and Cu&s;tomes, even in fundamentalls, wi&s;hing at la&s;t the Parliament to think of determining their Se&s;&s;ion, and provide for future Parliaments.</P>
<P>This being, by his Officers I &s;ay, pre&s;ented to his Ex|cellency, and by him in a letter communicated to the Speaker, he marcheth into <HI>London,</HI> and taketh quar|ters, declaring for a free Parliament; and this blow was it,<NOTE PLACE="marg">Free <HI>P.</HI> promi&s;ed</NOTE> made Independency &s;tagger, for &s;o highly were both City and Country plea&s;ed with this Declaration, that they did hardly know in what manner to expre&s;s their joy, ringing their bells, making bonfires, the air re&s;ounding nothing but the name and pray&s;es of <HI>Monck,</HI> and the Streets filled with gratefull hearts, who on bended knees prayed for ble&s;&s;ings on the head of the hoped re&s;torer, both of the Church and Com|mon-wealth, and in this re&s;olution he per&s;i&s;ted, not|with&s;tanding all the flatteries, threatnings and &s;nares of the hou&s;e, who now &s;tudied nothing more than his ruine, as in him fore&s;eeing their own, neverthele&s;s he waits for the Parliaments an&s;wer to his la&s;t letters to them, but finding they neither minded him nor them, and thought of nothing but &s;etling their own intere&s;t, and continuing them&s;elves in power, he pro|cures a conference between &s;ome &s;itting members of the hou&s;e, and &s;ome of the honourable Gentlemen and worthy Patriots that were excluded from it, at which him&s;elf being in per&s;on pre&s;ent, and weighing ju|diciou&s;ly
<PB N="93" REF="329"> the rea&s;ons and arguments formed on both &s;ides, which he heard with a deep and re&s;erved &s;ilence, after all were withdrawn, he concluded with him&s;elf, upon re&s;ult from the whole, that the pretended &s;et|tlement propo&s;ed by the hou&s;e, was of compa&s;s too narrow, and too weak of foundation to bear up the Nation, and repair its breaches:<NOTE PLACE="marg">Secluded members admitted.</NOTE> he re&s;olved therefore to withdraw all manner of force from the hou&s;e, and to admit men of more &s;ober, moderate, and le&s;s bya&s;|&s;ed judgments, who&s;e Spirits being more apt for publick good, would e&s;tabli&s;h the Kingdom, upon termes comprehen&s;ive of every con&s;iderable intere&s;t therein: hereupon, on the one and twentyeth day of <HI>Fe|bruary,</HI> meeting the &s;ecluded members at <HI>White-hall,</HI> and expre&s;&s;ing him&s;elf to them in a &s;peech not delive|red by him&s;elf, but by his Secretary, wherein he com|mended to their care,</P>
<P N="1">1. Religion, that great <HI>primum mobile &amp; unum ne|ce&s;&s;arium,</HI> without which to live rather befits bea&s;ts than men, and this was propo&s;ed in the mo&s;t &s;ober and moderate way imaginable, yet neither countenancing errour nor allowing libertini&s;me.</P>
<P N="2">2. He commended to them the State, de&s;iring them to be good Phy&s;itians to its crazed body, by applying &s;uteable Phy&s;ick, which (he &s;aid) he &s;uppo&s;ed would be a full and a free Parliament, upon who&s;e re&s;olves, as him&s;elf; &s;o he doubted not but the whole Nation would acquie&s;ce, he told them the hou&s;e was open for them to enter, and prayed for their good &s;ucce&s;s.</P>
<P>The &s;ecluded members being thus admitted,<NOTE PLACE="marg">How they begin and wherein proceed.</NOTE> fall im|mediately to work where they were abruptly forced to break of in <HI>December.</HI> 1648. Confirming their Vote made then by another now, that the conce&s;&s;ions
<PB N="94" REF="330"> of the late King were a &s;ufficient ground to proceed on for &s;etling the peace of the Kingdom, hereby not on|ly vindicating them&s;elves, but as it were at once di&s;|anulling all that had been done as di&s;&s;onant thereto, during the whole time of their rece&s;s.</P>
<P>This began to infu&s;e a new &s;pirit of life into the Kingdom, in whom at this &s;pringing &s;ea&s;on of the year, began a new to bud and peep out the bloomes of a too long fro&s;t-nipped loyalty, &s;o that one now might have &s;een what twenty years before could never &s;hew, countenances, that lately were dejected through the cruell tyranny of their Aegipitian task ma&s;ters, now ga|ther cheerfull looks, and like fre&s;h blown ro&s;es yield a fragant &s;avour.</P>
<P>The Parliament thus &s;itting, freely vote his Excellen|cy Lord Generall of all the forces in <HI>England, Scot|land,</HI> and <HI>Ireland:</HI> by vertue of which Commi&s;&s;ion he di&s;armes all the Phanatick party, both in City and Country, the Parliament in the mean time providing to &s;ecure the Nation by two &s;ea&s;onable Acts, the one of A&s;&s;e&s;&s;ment, and the other of the Militia; the la&s;t im|powering and arming Gentlemen, and Men of worth and power, to &s;tand up for their Liberties, and Privi|ledges, and put the Country into a po&s;ture of defence, again&s;t all encroaching pretenders what&s;oever; and the former enabling them to rai&s;e moneyes (which are the &s;ineues of war) for maintaining of the forces, &s;o rai&s;ed to a&s;&s;ert their and our rights.</P>
<P>Thus &s;etling the ancient Government of the City, and vacating the Phanatick power in the Country, they commend the e&s;tabli&s;hment of the Nation to a full and free Parliament, to be called the 25th. of <HI>A|prill,</HI> 1660. I&s;&s;uing out writs to that purpo&s;e in the
<PB N="95" REF="330"> name of the keepers of the Liberty of <HI>England,</HI> by au|thority of Parliament, and &s;etling a Councell of State of mo&s;t di&s;creet and moderate men, to whom the af|fairs of the three Nations, in the intervall, and untill the meeting of the Parliament, on the afore&s;aid 25th. of <HI>Aprill</HI> was committed, who with much di&s;cretion managed their power, to the &s;atisfaction of all &s;ober minded men, and &s;o (&s;aving to the hou&s;e of Lords their rights, notwith&s;tanding the Commons were in this Juncture of time, put upon nece&s;&s;ity to act without them) commending the Souldiery once more to his Ex|cellency upon the &s;ixteenth day of <HI>March,</HI> in the year of our Lord 1659. (a day worthy to be remembred) they di&s;&s;olved them&s;elves,<NOTE PLACE="marg">Lorg <HI>P.</HI> legally ended.</NOTE> and &s;o at la&s;t put a legall pe|riod to that fatall long-Parliament, which could not be di&s;&s;olved by any but by it &s;elf.</P>
<P>And thus we &s;ee Independency laid in the du&s;t, and ready to give up the gho&s;t, and indeed not long after we &s;hall &s;ee fully to expire the <HI>Prodromi,</HI> of who&s;e mi&s;erable end might be the&s;e and the like.</P>
<P>The Councel of State in this intervall of power,<NOTE PLACE="marg">The inter|vall.</NOTE> with very great caution and warine&s;s, manage their affairs, turning neither to the right hand nor to the left, but keeping a direct cour&s;e, as knowing <HI>in medio ibunt tuti&s;&s;imi,</HI> they &s;et out a Proclamation again&s;t all di&s;tur|bers of the peace, under what pretence or name &s;oe|ver, &s;paring none that in a time of &s;uch hopes dur&s;t either move a hand or tongue to work a di&s;turbance, taking care al&s;o that the order of the la&s;t Parliament touching elections &s;hould be duly and punctually ob&s;erved, as con&s;idering that the peace or ruine of the Nation would lye in their hands.<NOTE PLACE="marg">Elections for a new Parl.</NOTE></P>
<P>His Excellency the Lord Generall in this <HI>interreg|num</HI> accepts of &s;everall invitations and treatments in the
<PB N="96" REF="331"> City by &s;everal of the worthy companies, yet &s;till ha|ving an eye to the main, he keeps clo&s;e to his Officers (who were not yet fully re&s;olved) and often confers with them in a more familiar manner than ordinary, whereby he &s;o wrought on them, that at la&s;t he brought them to declare that they would acquie&s;ce in the re&s;olves of the approaching Parliament; and indeed this was a &s;hrewd forerunner of the fall of Independency, as I &s;aid before, who&s;e only hope was builded on the aver&s;ene&s;s of the&s;e men to lawfull power, which when they &s;aw fru&s;trated they might well depair; yet endeavour once more to en|deavour a confu&s;ion, which being ob&s;erved by the Coun|cell, and that a di&s;contented Spirit po&s;&s;e&s;&s;ed &s;ome of the old Officers and Grandees, according to the power given them to that purpo&s;e, they &s;end for all &s;u&s;pected per&s;ons, confining them unle&s;s they &s;ub&s;cribed an en|gagement to demean them&s;elves, quietly, and peacea|bly, under the pre&s;ent Government, and acquie&s;ce &s;ub|mi&s;&s;ively in the determination of the Parliament next en&s;uing, which rea&s;onable engagment <HI>Lambert</HI> and &s;ome others refu&s;ing, were carefully confined to &s;everal pri&s;ons, by which means the peace was wonderfully pre&s;erved: but notwit&s;tanding all this care, &s;uch were the re&s;tle&s;s endeavours of that divelli&s;h faction, that (whether by the neglect or treachery of his keepers is not yet known) <HI>Lambert</HI> gets out of pri&s;on cuningly, who being a man of loo&s;e principles and de&s;perate for|tunes, &s;o encouraged the Phanatick party, and &s;tirred up their drooping Spirits, that they began to threaten great matters, and for perfecting their wicked de&s;ign, begin to gather to an head near <HI>Edg-hill,</HI> which they hoped would prove to them an au&s;picious Omen for the beginning of a Second war, but Heaven would no
<PB N="97" REF="331"> longer wink at &s;uch intollerable villanies, for the &s;ins of the&s;e <HI>Amorites</HI> were fully ripe for judgment, &s;o that they were di&s;covered and quickly nipped in the bud, <HI>Lambert</HI> and his accomplices being &s;o eagerly pur|&s;ued by Col. <HI>R. Ingoldsby</HI> that they were &s;uddenly forc'd to &s;catter and &s;hift for them&s;elves by flight,<NOTE PLACE="marg">Taken and &s;ent to the <HI>Tower.</HI></NOTE> neither was that &s;o &s;wift or &s;ecure, but that <HI>Lambert</HI> was taken pri&s;oner by the &s;aid Col. <HI>Ingoldsby,</HI> and &s;ent pri&s;oner up to <HI>London,</HI> at which time pa&s;&s;ing by <HI>Hide park,</HI> on the twenty fourth of <HI>Ayril,</HI> he &s;aw all the City Regi|ments both of hor&s;e and foot, Trayned Band and Auxiliaries, complered, armed, and trayned, and rea|dy to hazard their Lives and Fortunes again&s;t all &s;edi|tious and factious Traitors to their King and Country.</P>
<P><Q>The news of this fir&s;t appearance of armed loyalty being &s;pred abroad into the Countreys,<NOTE PLACE="marg">The fir&s;t loyal mu|&s;ter.</NOTE> did &s;o animate and encourage the old oppre&s;&s;ed, that ca&s;ting off their fetters and fears together, they begin to appear in their wonted gui&s;e, and becau&s;e they were by the Phanaticks traduced as men of blood and full of re|venge, not to be &s;atisfied but with the utter ruine of their adver&s;aries, thereupon to undeceive the vulgar, who might po&s;&s;ibly have been mi&s;led by &s;uch lies, if not an&s;wered, did from their &s;everal and re&s;pective Counties, as al&s;o in the Cities of <HI>London</HI> and <HI>We&s;tmin|&s;ter</HI> declare,<NOTE PLACE="marg">The Gentry declare.</NOTE> that they were far from any thoughts of revenge, it belonging to God alone (alluding to that text of Scripture, <HI>Vengeance is mine, I will repay &s;aith the Lord</HI>) but as for Ju&s;tice they would acquie&s;ce in the judgment of the approaching Parliament.</Q></P>
<P>This being done, and the whole Parliament at the appointed time,<NOTE PLACE="marg">The Parlia|ment be|gins.</NOTE> beginning fir&s;t with their duty to God (they follow that golden <HI>Pythagorean</HI> rule.)
<Q LANG="grc"><PB N="98" REF="332">
<L><GAP DESC="foreign"></L>
<L><GAP DESC="foreign">.)&mdash;</L></Q> giving him hearty thanks for that their freedome of meeting, which when they had cordially done, they fell in order to their Governour &mdash;</P>
<P>Fir&s;t, They fear God, then honour the King. As the &s;ame Pythagoras goes on;
<Q LANG="lat"><L>&mdash; <GAP DESC="foreign"></L>
<L><GAP DESC="foreign"></L></Q> The very Heathen we &s;ee, by the meer light of Na|ture, could dictate that which our Grand <HI>Enthu&s;ia&s;ts</HI> of Religion would not for the&s;e many years, by the <HI>ignis fatuus</HI> of their new lighted notion walk after. But the Parliament were better principled, for after their devotions regularly paid to God, they in the very next place own their duty to their Prince, upon the fir&s;t day of <HI>May</HI> (a happy day to be remembred to po&s;terity) voting the Government to be by King,<NOTE PLACE="marg">Kingly go|vernment voted.</NOTE> Lords, and Commons, a con&s;titution &s;o incompara|bly mixed, that it may rather be admired then envi|ed: neither were they &s;atisfied to re&s;t there but on the Eighth day of the &s;ame <HI>May,</HI> cau&s;ed his Maje&s;ty to be proclaimed King of <HI>England,</HI><NOTE PLACE="marg">King pro|claimed.</NOTE> <HI>Scotland, France,</HI> and <HI>Ireland,</HI> which was performed with &s;o much So|lemnity and Joy, as I pre&s;ume <HI>England,</HI> I dare &s;ay hardly any Kingdome in the World, ever &s;aw or were &s;en&s;ible of the like, the &s;houts and acclamations of the plea&s;ed people rending the very skies as a token of their extraordinary Thankfulne&s;&s;e to Heaven, and at night by the multitude of their bonfires, turning the Darkne&s;&s;e into a kind of light&s;ome day.</P>
<P>This hapy beginning thus owned by the general con|&s;ent of all hone&s;t men, made the Parliament re&s;olute to
<PB N="100" REF="332"> pro&s;ecute their begun endeavours; which the more orderly to do (for order befitteth men be&s;t both as Subjects and Chri&s;tians) they immediately prepared Commi&s;|&s;ioners,<NOTE PLACE="marg">Commi&s;si|oners &s;ent to the King</NOTE> who were per&s;ons choyce for their integrity and wi&s;edome, (like tho&s;e heads of the children of <HI>I&s;&s;a|char</HI> which were men that had under&s;tanding of the times to know what <HI>I&s;rael</HI> ought to do) being intru&s;ted to wait on his Maje&s;ty, and to de&s;ire him to come to his Parliament and People with all convenient &s;peed. Before who&s;e arrival his Maje&s;ty had withdrawn him|&s;elf from <HI>Bruxels,</HI> not upon any account as was by the ignorant and malicious in&s;inuated, but out of a de&s;ign of &s;afe guard to his own &s;acred Per&s;on, as knowing tho&s;e two principles of the <HI>Romani&s;ts, (&s;i violandum e&s;t jus, Regni cau&s;a violandum e&s;t;</HI> and <HI>nulla fides &s;ervanda e&s;t haereticis</HI>) might prove dangerous, if not fatal to his intere&s;t as affairs then &s;tood. He well remembred <HI>Richard</HI> the fir&s;t his ca&s;e &s;irnamed <HI>Caeur-du-Lion,</HI> and what his detention once co&s;t <HI>England,</HI> and therefore had no rea&s;on to ca&s;t him&s;elf into the like hazard. Therefore having di&s;charged all Accounts what&s;o|&s;oever at <HI>Bruxels,</HI> he as (I &s;aid) removes his Court to <HI>Breda.</HI> As that fir&s;t, he might hold the more cer|tain and quick intelligence with his friends in <HI>England,</HI> where there hardly wanted any thing to complete his Re&s;toration and the Kingdomes &s;atisfaction, but his Per&s;onal pre&s;ence; &s;o in the &s;econd place he there knew him&s;elf &s;afe, being within the juri&s;diction of his beloved &s;i&s;ter, the Prince&s;&s;e Royal <HI>Mary</HI> Prince&s;&s;e of <HI>Orange,</HI><NOTE PLACE="marg">King at <HI>Breda.</HI></NOTE> who&s;e tender love and zeal to him in his affli|ction de&s;erves to be written in bra&s;&s;e, and graven with the point of a Diamond.</P>
<P>During the time of his re&s;idence there to &s;hew him|&s;elf
<PB N="100" REF="333"> to be a &s;econd <HI>Solomon,</HI> a Prince of Peace, and not onely &s;o, but the mo&s;t pious and merciful of Prin|ces, who was wi&s;e as a Serpent, yet innocent as a Dove, by the Honourable the Lord Vi&s;count <HI>Mordant</HI> and Sir <HI>Richard Grenvile</HI> (&s;ince by his Maje&s;ties &s;pecial grace created Earl of <HI>Bath</HI>) Gentleman of his Maje|&s;ties Bedchamber; He &s;ent a mo&s;t gracious Declara|tion, with re&s;pective Letters to the Lords, to the Commons, to the City, and to the Army:
<Q><P><HI>Whetein,</HI><LB>
<NOTE PLACE="marg">His Maje|&s;ties De|claration layes <HI>In|dependen|cy</HI> dead.</NOTE>His Maje&s;ty fir&s;t offers a Pardon for all mi&s;|carriages and mi&s;demeanors again&s;t his Father, or him&s;elf, to all per&s;ons (&s;uch onely excepted as &s;hall be excepted by the Parliament,) promi|&s;ing likewi&s;e &s;ecuritie to all, who&s;e guilt might otherwi&s;e endanger them, &s;o as they laid hold on his Maje&s;ties Pardon within <HI>40.</HI> dayes after the publication thereof.</P>
<P N="2"><HI>2.</HI> He refers the purcha&s;ers of Kings, Queens, and Bi&s;hops Lands to Ju&s;tice, to the Law, and to the Parliament.</P>
<P N="3"><HI>3.</HI> He a&s;&s;ures the Souldiery of their Arrears for pa&s;t &s;ervices, although done again&s;t him, and of incouragement and pay for the future under him.</P></Q></P>
<P>This Declaration was received with no ordinary joy and &s;olemnity, the me&s;&s;enger Sr. <HI>Iohn Greenvil</HI> being re|warded
<PB N="101" REF="333"> with 500. pounds ro buy him a Jewell, and upon reading thereof and a conference had with the Lords, (who had now rea&s;&s;umed their Native right by taking their places in the higher Hou&s;e) they agree unanimou&s;ly each in their &s;everal hou&s;e; That a Let|ter be &s;ent in an&s;wer to his Maje&s;ties gracious Letter and Declaration, &s;uper&s;cribed <HI>To his mo&s;t Excellent Maje&s;tie;</HI> which were &s;ince more immediately drawn up and &s;ent by Commi&s;&s;ioners (before prepared as is already mentioned) &s;ixe from each Hou&s;e, who were in the name of both Hou&s;es,</P>
<P N="1">1. To give his Maje&s;ty mo&s;t humble and hearty thanks for his gracious Letter and Declaration.</P>
<P N="2">2. To de&s;ire his Maje&s;ty to return to the exerci&s;e of his Regal Office, and come to his Parliament and people with all &s;peed po&s;&s;ible.</P>
<P>And thirdly, to that purpo&s;e to de&s;ire him to appoint a place for the Navy to attend him: the Commi&s;&s;i|oners that went from the hou&s;e of Peeres were the&s;e.</P>
<LIST>
<ITEM>The Earl of <HI>Oxford,</HI></ITEM>
<ITEM>Earl of <HI>VVarwick,</HI></ITEM>
<ITEM>Earl of <HI>Middle&s;ex,</HI></ITEM>
<ITEM>Lord <HI>Brook,</HI></ITEM>
<ITEM>Lord <HI>Berckley,</HI><NOTE PLACE="marg">Commi&s;si|oners names that went to the King.</NOTE></ITEM>
<ITEM>Lord Vi&s;c. <HI>Hereford.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Of the Hou&s;e of Commons were &s;elected the&s;e following,</HEAD>
<ITEM>Lord <HI>Charleton,</HI></ITEM>
<ITEM>Lord <HI>Bruce,</HI></ITEM>
<ITEM>Lord <HI>Falkland,</HI></ITEM>
<ITEM>Lord <HI>Mandevile,</HI></ITEM>
<ITEM>Lord <HI>Herbert,</HI></ITEM>
<ITEM>Lord <HI>Fairefax.</HI></ITEM>
<ITEM>Sir <HI>George Booth,</HI></ITEM>
<ITEM>Sir <HI>Iohn Holland,</HI></ITEM>
<ITEM>Sir <HI>Antho. A&s;hly-Cooper,</HI></ITEM>
<ITEM>Sir <HI>Horatio Town&s;end</HI></ITEM>
<ITEM>Sir <HI>Henry Cholmly,</HI></ITEM>
<ITEM>Mr. <HI>Hollis.</HI></ITEM>
</LIST>
<PB N="102" REF="334">
<P>The City of <HI>London</HI> having al&s;o received the like Letters and Declarations, the Lord Mayor, Al|dermen and Common-Council appoint a loyal and humble an&s;wer to be returned, wherein they give his Maje&s;ty thanks for his tender care, grace and fa|vour to their ancient and renowned City, which was &s;ent by the&s;e worthy Gentlemen.</P>
<LIST>
<HEAD>For the City of <HI>London.</HI></HEAD>
<ITEM>Alderman <HI>Adams</HI></ITEM>
<ITEM>Recorder <HI>VVilde</HI></ITEM>
<ITEM>Alderman <HI>Robin&s;on</HI></ITEM>
<ITEM>Alderman <HI>Bateman</HI></ITEM>
<ITEM><HI>Theophilus Biddolph</HI></ITEM>
<ITEM><HI>Richard Ford</HI></ITEM>
<ITEM>Alderman <HI>Vincent</HI></ITEM>
<ITEM>Alderman <HI>Frederick</HI></ITEM>
<ITEM>Alderman <HI>VVale</HI></ITEM>
<ITEM><HI>John Lewis</HI> E&s;quire</ITEM>
<ITEM><HI>William Bateman</HI> E&s;q.</ITEM>
<ITEM>Alderman <HI>Bludworth</HI></ITEM>
<ITEM>Major <HI>Chamberlin</HI></ITEM>
<ITEM>Colonel <HI>Bromfield</HI></ITEM>
<ITEM>Sir <HI>James Bunce</HI> Bar.</ITEM>
<ITEM>Alderman <HI>Langham</HI></ITEM>
<ITEM>Alderman <HI>Reinold&s;on</HI></ITEM>
<ITEM>Alderman <HI>Brown</HI></ITEM>
<ITEM>Sir <HI>Nicholas Cri&s;pe</HI></ITEM>
<ITEM>Alderman <HI>Tomp&s;on</HI></ITEM>
</LIST>
<P>All the&s;e Letters were &s;ent away, but the fir&s;t that arrived to his Maje&s;ties hand was from his Excellen|cy the Lord General <HI>Monck,</HI> who by the leave of the Hou&s;e &s;ent the &s;ame by his brother in Law, Sir <HI>Tho|mas Clergies,</HI> who was (as being the fir&s;t) beyond all ex|pre&s;&s;ion welcome, and after &s;ome long but not tedious conferences Knighted, and at length di&s;mi&s;&s;ed with as much kindne&s;&s;e as he was at fir&s;t received with joy.</P>
<P><NOTE PLACE="marg">Commi&s;si|oners how received by the King.</NOTE>After whom arrived &s;hortly all the forenamed Commi&s;&s;ioners, together with &s;ome of the Mini&s;try, and were received by his &s;acred Maje&s;ty, his two illu|&s;trious brothers of <HI>York</HI> and <HI>Gloce&s;ter,</HI> and his &s;i&s;ter of
<PB N="103" REF="334"> <HI>Orange,</HI> with demon&s;trations of affections on both &s;ides &s;uch as are not capable of a de&s;cription by my rude pen, for they were &s;uch as may be imagined onely not defined, like the joyes of a condemned &s;oul now at point to dy, when &s;uddenly and beyond expectation it is not onely &s;natcht out of the very jawes of death, but mounted aloft into a &s;eat of Honour, how it is even overpre&s;&s;ed with the overflux of &s;uch a &s;udden, yet joyful change, and &s;tands exta&s;ied, not knowing, or at le<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">&s;t not well di&s;cerning the realities of tho&s;e violent emotions under the happine&s;&s;e whereof it at pre&s;ent labours; which &s;urpa&s;&s;ing joy grown over, and they di&s;mi&s;&s;ed with abundance of &s;atisfaction, with all &s;peed his Maje&s;ty according to the earne&s;t reque&s;t of his Par|liament prepared for <HI>England,</HI> his Royal brother, the mo&s;t illu&s;trious Duke of <HI>York,</HI> Lord high Admiral, taking order for the Navy. And in the way to the Sea|&s;ide his Maje&s;ty was honourably entertained by the States General at the <HI>Hague,</HI> of whom having taken his leave, and thanked them for their Treatment and Pre&s;ents, he proceeded in his journey.</P>
<P>During this time, the Navy under the conduct of General <HI>Mountague,</HI> was come to attend and wait on his Royal plea&s;ure; upon notice of which, attended by the Prince&s;&s;e of <HI>Orange</HI> and her &s;on, and the Queen of <HI>Bohemia,</HI> he comes aboard the <HI>Na&s;eby</HI> Frigot,<NOTE PLACE="marg">The King comes a|board for <HI>England,</HI> and lands at <HI>Dover.</HI></NOTE> by him then named the <HI>Charles,</HI> and after a repa&s;t there, part|ing with high &s;atisfaction, plea&s;ure and content on both &s;ides, with his Royal and Princely attendants, he lanched forth, and quickly with a pro&s;perous and &s;afe gale of wind, <HI>anuuente Coelo,</HI> came within two leagues of <HI>Dover,</HI><NOTE PLACE="marg"><HI>Monck</HI> meets him.</NOTE> (a place formerly not &s;o infamous for receiv|ing the Barons in their rebellious wars again&s;t the King,
<PB N="104" REF="335"> and harbouring <HI>Lewis</HI> of <HI>France,</HI> as now it was famous for its loyalty in the joyful reception of its lawful So|veraign) when he was come thither, he &s;ends Po&s;t for the General (being re&s;olved not to &s;et foot on <HI>Engli&s;h</HI> ground till he came thither) who upon the fir&s;t hear|ing of that happy news, pre&s;ently took Po&s;t to meet him, having before taken care for Pallaces to enter|tain him, and left order for &s;everal Regiments of Hor&s;e to attend him, for his Maje&s;ties &s;ecurity; Providing with valor again&s;t open enemies, and with prudence a|gain&s;t pretended and ba&s;ely fal&s;e friends, which being performed according to Order, His Excellency waites upon his Maje&s;ty at <HI>Dover.</HI></P>
<P>He is no &s;ooner come thirher, but upon knowledge thereof, the King Landed, at who&s;e Honored feet in the mo&s;t humble po&s;ture of a Loyal Subject, on his Knees Our Great General pre&s;ents him&s;elf, and was received and imbraced by his Maje&s;ty in the open armes of an endeared mercy, with &s;o much affection as might well manife&s;t the great re&s;pect the King bore to his high de&s;erts; for to &s;hew that his embrace was &s;ignal, and far from a meer complement, he went nearer and ki&s;&s;ed him. No endearment is ever thought too great, where there is grounded Love, neither re&s;ted he there, but like a true friend and lover indeed, takes a delight in his &s;ociety; for the more clear de|mon&s;tration whereof to all the world, he took him with his two Brothers the Dukes of <HI>York</HI> and <HI>Gloce&s;ter</HI> into his Coach with him to <HI>Dover</HI> afore&s;aid,<NOTE PLACE="marg">KINGS journey to <HI>London,</HI> and the manner of it.</NOTE> where after a dutiful acknowledgment from the Magi&s;trates there, and &s;olemn though &s;hort entertainment he rid to the City of <HI>Canterbury</HI> (&s;o famed for her Arch-bi&s;hops Sea) his Maje&s;ty being in the middle between his
<PB N="105" REF="335"> two brothers; and the Duke of <HI>Buckingham</HI> and the General riding bare before him.</P>
<P>In this Equipage with the whole Gentry and Nobi|lity of <HI>England</HI> attending, and thou&s;ands of the mean|er ranke; he arrived as I &s;aid at <HI>Canterbury,</HI> being met by the Mag<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">&s;tracy in their riche&s;t habiliments of Ho|nour, and by the Mini&s;try of the place, who after a grave Speech and hearty Gratulation, pre&s;ented him with a rich Bible as <HI>He was Defender of the True Faith,</HI> and afterwards with a Golden Boul full of Gold, ren|dring it <HI>as a Tribute to him to whom Tribute was due.</HI> From <HI>Canterbury,</HI> where he re&s;ted all <HI>Sunday,</HI> and gave thanks to God his Father and mighty Deliverer. On <HI>Munday</HI> he came to <HI>Cobham-Hall</HI> in <HI>Kent,</HI> a Hou&s;e be|longing to the Duke of <HI>Richmond,</HI> but without any &s;tay there pa&s;&s;ed on the &s;ame night to <HI>Roche&s;ter,</HI> from whence on <HI>Tue&s;day, May</HI> the 29. (the day of the week which was fatal for the murther of his Royal Father, but happy to him&s;elf, not onely for his Birth, but al&s;o for giving the fir&s;t hopes of his long wi&s;hed and pray|ed for return by the Vote of the Parliament on <HI>Tue&s;|day</HI> the 1. of <HI>May,</HI> and his being proclaimed <HI>nemine con|tradicente</HI> on <HI>Tue&s;day</HI> the 8. of <HI>May.</HI>) I &s;ay on that day, attended by the Duke of <HI>Buckingham,</HI> the Earle of <HI>North-hampton,</HI> the Earle of <HI>Cleaveland,</HI> the Earle of <HI>Norwich,</HI> the Earle of <HI>Shrewesbury,</HI> and many others with their &s;everal re&s;pective Troops of the choyce Nobles and Gentry of the Land, and his Excellency with many Regiments of his be&s;t Hor&s;e, the Lord <HI>Ge|rard</HI> with the choyce Life-guard, and the whole Coun|trey flocking in, &amp; cutting down Palmes, and &s;trowing the wayes with all &s;orts of Fragrant Flowers and deck|ing the Lanes and Pa&s;&s;age, with the greate&s;t variety of
<PB N="106" REF="336"> Country Pomps, Garlands, be&s;et with Rings, Ribands and the like, the Air ecchoing all along and redoubling the perpetually iterated <HI>Ho&s;anna's;</HI> He came to <HI>Lon|don (The Metropolis of his Kingdome,</HI> who&s;e prepara|tions were no le&s;&s;e &s;umptuous then joyful,) making a &s;hort &s;tay onely at <HI>Black-heath;</HI> (a place many yeares &s;ince, and more then once noted and remembred for the tumultuous a&s;&s;emblies of &s;everal Rebels, but now much more famous for the united Congregation of the whole Kingdomes Loyalty) from hence about n on, order was given for a &s;peedy march to <HI>London,</HI> in which Major General <HI>Broun</HI> did lead the Van with a compleat Troop of Gentlemen, all in cloth of Silver Doublets: Alderman <HI>Robin&s;on</HI> followed him with an other &s;elect company, the &s;everall Lords came after with their re&s;pective Troops, then came the Life-Guard: After the Mar&s;hals and Heralds, with &s;ome antient Lords, the Duke of <HI>Buckingham,</HI> and the Lord Generall bareheaded; and then his Maje&s;ty rid be|tween his two brothers, the Duke of <HI>York</HI> on the right hand, and the Duke of <HI>Gloce&s;ter</HI> on the other; after whom followed his Excellencies Life-guard, and then the Regiments of the Army all completely accou|tred with back brea&s;t and Pot. In this order they came to Saint <HI>Georges</HI> fields, in a part of which towards <HI>Newington</HI> was a Tent erected, in which the Lord Mayor,<NOTE PLACE="marg">King rides through the Citie.</NOTE> and Aldermen in their mo&s;t &s;olemne Forma|lities, with their Officers, Servants, Livery-men, and Lackeyes innumerable waited, to which place when his Maje&s;ty came, the Lord Mayor pre&s;ented him on his knees with all the <HI>In&s;ignia</HI> of the City, <HI>viz. Sword, Mace, Charter,</HI> &amp;c. Which he immediately returned with promi&s;e of Confirmation, and conferred the Ho|nour
<PB N="107" REF="336"> of Knighthood on the Lord Mayor in the place, whereafter a &s;hort refre&s;hment, three hundred in Vel|vet Coats and Chains repre&s;enting the &s;everal Com|panies pa&s;&s;ing on before, the Lord Mayor bearing the Sword before the King, they proceeded in an excel|lent order and equipage into and through the City, which was all hung with Tapi&s;try, and the Streets lined on the one &s;ide with Livery men, on the other &s;ide with the Trained Bands, both taking and giving great &s;atisfaction, until at la&s;t even tyred with the tedious plea&s;ure of his Welcome Journey, he came to the Gate of his Pallace of <HI>Whitehall,</HI> which &s;truck &s;uch an impre&s;&s;ion of greif into his &s;acred heart, by the Remembrance of his Fathers horrid Murther there, as had almo&s;t bur&s;t forth, if not &s;topt or re|called by the Joy he received from the acclamations of the people, and the thought that he was peacea|bly returned after &s;o many years unto His own Hou&s;e.</P>
<P>The King being come in, went pre&s;ently to the Banqueting Hou&s;e, where the Hou&s;es of Parlia|ment attended for him, to whom the two Speakers &s;everally made an incomparable Speech, wherein, with great eloquence, they &s;et forth the many years mi&s;ery under which the Nation laboured, then re|peated the Kingdomes Joyes at pre&s;ent, for their ho|ped happine&s;&s;e in the future by his Maje&s;ties Re|&s;tauration, and &s;o commended to his Princely care his three Kingdomes and people, with their Laws and priviledges, whereto the King in a Maje&s;tick &s;tyle, made this &s;hort, but full return.</P>
<PB N="108" REF="337">
<P> <HI>That he was &s;o di&s;ordered by his Journey, and the Acclamations of the people &s;till in his Ears, which yet plea&s;ed him as they were de|mon&s;trations of Affection and Loyalty, that he could not expre&s;s him&s;elf &s;o full as he wi&s;hed, yet promi&s;ed them, that looking fir&s;t to Heaven with a Thank-ful heart for his Re&s;toration, he would have a careful Eye of e&s;pecial grace and favour towards his Three Kingdomes, prote&s;ting that he would as well be a Defendor of their Laws, liberties, &amp; properties, as of their faith.</HI></P>
<P>Having thus received and taken &s;everal Congratu|lations and Entertaiments, and di&s;mi&s;&s;ed his Noble, Honourable, Wor&s;hipful, and Reverend Guard of the Nobility, Gentry, Citizens, and Mini&s;try, he retired to Supper, and afterwards having devoutly offered the Sacrifice of Prayer and Prai&s;e to the mo&s;t high, for his &s;afe return, he went to his Repo&s;e and Bed. The fir&s;t Beam that darted from our Royal Sun, in|fu&s;ed &s;uch a &s;en&s;e of piety into the peoples Affection, that it even made them break into an Exce&s;s of Joy, it was that happy Omen of a vertuous Government, the admirable Proclamation again&s;t debauchedne&s;&s;e, (wherein &s;uch is his Maje&s;ties zeal) he takes no no|tice of his Enemies, but our &s;in which had &s;o long occa&s;ioned his exile, not &s;paring therein tho&s;e who pre|tended to be his friends, yet by their prophanene&s;&s;e, di&s;&s;erved him. A happy Prince and happy people
<PB N="109" REF="337"> &s;ure! where the Extremity of Ju&s;tice endevoureth to take nothing from the Subject but a Liberty to of|fend, which &s;o highly plea&s;ed the people, that their Joyes rather increa&s;ed then dimini&s;hed according to that of the Poet.
<Q LANG="lat"><L><HI>&mdash; Littora cum plau&s;u clamor, &s;upera&s;&abque; Deorum</HI></L>
<L><HI>Implevere Domos, gaudent, generum&abque; &s;alutant</HI></L>
<L><HI>Auxiliumque Domus &s;ervatorem&abque; fatentur.</HI></L></Q>
<Q><L>The Shores ring with applau&s;e, the Heavens abound</L>
<L>With grateful Clamours which therein re&s;ound.</L>
<L>All men &s;alute him, Father, Prince, and King;</L>
<L>That home again their bani&s;h'd peace doth bring.</L></Q></P>
<P>Which is further al&s;o expre&s;&s;ed by the Poet in the&s;e words,
<Q LANG="lat"><L>&mdash; Largis &s;atiantur odoribus ignes</L>
<L>Sertaque dependent tectis, &amp; ubique lyraeque</L>
<L>Tibiaque &amp; cantus animi felicia laeti</L>
<L>Argumenta &s;onant: re&s;eratis aurea valvis</L>
<L>Atria tota patent, pulchro&abque; in&s;tructa paratu</L>
<L>&mdash; Proceres ineunt convivia Regis.</L></Q>
<Q><L><HI>The Bonfires light the Skie, Garlands adorn</HI></L>
<L><HI>The Streets and Hou&s;es: Nothing is forborn</HI></L>
<L><HI>That might expre&s;s full joy, while to his Court</HI></L>
<L><HI>The King by Nobles follow'd doth re&s;ort,</HI></L>
<L><HI>And in their Fea&s;ts Gods wondrous Acts report.</HI></L></Q></P>
<PB N="110" REF="338">
<P>So re&s;tle&s;s were the Nights of our pious King, that he began to account all time &s;pent in vain and ami&s;&s;e, wherein he did not do or offer &s;ome good to his Kingdome: to this purpo&s;e, on the fir&s;t of <HI>June,</HI> (the very next day but one after his Arrival, accom|panied with his two Brothers and Sir <HI>Edward Hide,</HI> Lord Chancellour of <HI>England,</HI> with many other ho|nourable per&s;ons, went by water to the Hou&s;e of Lords, where having &s;eated him&s;elf in his Royal &s;eat, the Black Rod was &s;ent to the Commons to inform them of his being there: They immediately adjour|ned, and with their Speaker, waited his Maje&s;ties plea&s;ure, who in a &s;hort &s;peech acquainted them with the Occa&s;ion and Cau&s;e of his pre&s;ent &s;ending for them, <HI>viz.</HI> To pa&s;s tho&s;e Bills which he under&s;tood were prepared for him; the &s;aid Bills being therefore read according to ancient form by the Clerk of the Crown, were pa&s;&s;ed by his Maje&s;ty,</P>
<P>Fir&s;t, The Bill con&s;tituting the pre&s;ent Conven|tion to be a Parliament.</P>
<P>Secondly, For authorizing the Act of Parliament for 70000. <HI>l. per men&s;.</HI> for 3 moneths.</P>
<P>Thirdly, For Continuance of <HI>Ea&s;ter</HI> Term and all proceedings at Law, which done the Lord Chancellor <HI>Hide</HI> in a pithy Speech, told both Hou&s;es with how much readine&s;&s;e his Maje&s;ty had pa&s;&s;ed the&s;e Acts and how willing they &s;hould at all times hereafter find him, to pa&s;s any other that might tend to the advan|tage and benefit of the people, de&s;iring in his Ma|je&s;ties behalf, the Bill of Oblivion to be &s;peeded, that the people might &s;ee and know his Maje&s;ties ex|traordinary gracious care to ea&s;e and free them from
<PB N="111" REF="338"> their doubts and fears, and that he had not forgotten his gracious Declaration made at <HI>Breda,</HI> but that he would in all points make good the &s;ame.</P>
<P>Things being brought to that happy i&s;&s;ue, the King wholly intends to &s;ettle the Kingdome, and becau&s;e that in the multitude of Coun&s;ellors there is both peace and &s;afety, he nominates and elects to him&s;elf a Privy Councel, whereof were,
<LIST>
<ITEM>The Duke of <HI>York</HI></ITEM>
<ITEM>The Duke of <HI>Gloce&s;ter.</HI></ITEM>
<ITEM>The Duke of <HI>Somer&s;et.</HI></ITEM>
<ITEM>The Duke of <HI>Albemarle.</HI></ITEM>
<ITEM>The Marqui&s;s of <HI>Ormond.</HI></ITEM>
<ITEM>The Earl of <HI>Manche&s;ter.</HI></ITEM>
<ITEM>The Earl of <HI>Oxford.</HI></ITEM>
<ITEM>The Earl of <HI>Northampton.</HI></ITEM>
<ITEM>Lord <HI>Seymour.</HI></ITEM>
<ITEM>Lord <HI>Say.</HI></ITEM>
<ITEM>Lord <HI>Howard.</HI></ITEM>
<ITEM>Sir <HI>Atho. A&s;hly Cooper.</HI></ITEM>
<ITEM>Sir <HI>William Morris.</HI></ITEM>
<ITEM>Mr. <HI>Hollis.</HI></ITEM>
<ITEM>Mr. <HI>Anne&s;ley.</HI></ITEM>
</LIST></P>
<P>On &s;everal &s;uch men he be&s;towed great offices, as Marque&s;s of <HI>Ormond</HI> to be Lord Steward of His Honourable Hou&s;hold. The Earl of <HI>Manche&s;ter</HI> Lord Chamberlain. The Duke of <HI>Albemarle</HI> to be Ma&s;ter of the Hor&s;e, and Knight of the Garter. Sir <HI>Will. Morris</HI> one of the Secretaries of State: which took up &s;ome time, in which the Parliament according to the Kings de&s;ire proceeded in the Act of Oblivion, which at la&s;t, after many tedious and &s;trong debates pa&s;&s;ed both Hou&s;es, and on the <GAP DESC="blank" EXTENT="1 word"> day of <GAP DESC="blank" EXTENT="1 word"> in the Twelfth year of his Maje&s;ties Reign, had his Royal a&s;&s;ent and was confirmed, wherein were ex|cepted from pardon both as to Life and E&s;tate,
<LIST>
<PB N="112" REF="339">
<ITEM><HI>Iohn Li&s;le</HI></ITEM>
<ITEM><HI>VVilliam Say</HI></ITEM>
<ITEM>Sir <HI>Hardre&s;&s;e VValler</HI></ITEM>
<ITEM><HI>Valentine VVauton</HI></ITEM>
<ITEM><HI>Thomas Harri&s;on</HI></ITEM>
<ITEM><HI>Edward Whalley</HI></ITEM>
<ITEM><HI>John Hew&s;on</HI></ITEM>
<ITEM><HI>VVilliam Goffe</HI></ITEM>
<ITEM><HI>Cornelius Holland</HI></ITEM>
<ITEM><HI>Thomas Chaloner</HI></ITEM>
<ITEM><HI>John Carew</HI></ITEM>
<ITEM><HI>John Jones</HI></ITEM>
<ITEM><HI>Miles Corbet</HI></ITEM>
<ITEM><HI>Henry Smith</HI></ITEM>
<ITEM><HI>Gregory Clement</HI></ITEM>
<ITEM><HI>Thomas VVogan</HI></ITEM>
<ITEM><HI>William Heveningham</HI></ITEM>
<ITEM><HI>I&s;aac Pennington</HI></ITEM>
<ITEM><HI>Henry Martin</HI></ITEM>
<ITEM><HI>Iohn Bark&s;tead</HI></ITEM>
<ITEM><HI>Gilbert Millington</HI></ITEM>
<ITEM><HI>Edmund Ludlow</HI></ITEM>
<ITEM><HI>Edmund Harvey</HI></ITEM>
<ITEM><HI>Thomas Scot</HI></ITEM>
<ITEM><HI>VVilliam Cauley</HI></ITEM>
<ITEM><HI>John Downes</HI></ITEM>
<ITEM><HI>Nicholas Love</HI></ITEM>
<ITEM><HI>Vincent Potter</HI></ITEM>
<ITEM><HI>Augu&s;tine Garland</HI></ITEM>
<ITEM><HI>John Dixwell</HI></ITEM>
<ITEM><HI>George Fleetwood</HI></ITEM>
<ITEM><HI>Simon Meyne</HI></ITEM>
<ITEM>Sir <HI>Michael Live&s;ey</HI></ITEM>
<ITEM><HI>Robert Titchburn</HI></ITEM>
<ITEM><HI>Owen Row</HI></ITEM>
<ITEM><HI>Robert Lilburn</HI></ITEM>
<ITEM><HI>Adrian Scroop</HI></ITEM>
<ITEM><HI>Iohn Okey</HI></ITEM>
<ITEM><HI>James Temple</HI></ITEM>
<ITEM><HI>Peter Temple</HI></ITEM>
<ITEM><HI>Daniel Blagrave</HI></ITEM>
<ITEM><HI>Thomas VVayte</HI></ITEM>
<ITEM><HI>John Cooke</HI></ITEM>
<ITEM><HI>Andrew Broughton</HI></ITEM>
<ITEM><HI>Edward Dendy</HI></ITEM>
<ITEM><HI>VVilliam Hewlet</HI></ITEM>
<ITEM><HI>Hugh Peters</HI></ITEM>
<ITEM><HI>Francis Hacker,</HI></ITEM>
<ITEM>and <HI>Daniel Axtell.</HI></ITEM>
</LIST></P>
<P>Who had &s;ate in judgement on, &s;entenced to death and did &s;ign the in&s;trument for the horrid murther, and taking away the precious Life of our late Soveraign Lord King <HI>Charles</HI> the Fir&s;t, of Glorious memory; &s;e|veral of whom have by divers means in &s;undry places been taken, and others have &s;urrendred them&s;elves
<PB N="113" REF="339"> according to a Proclamation of &s;ummons &s;et out by the King for that purpo&s;e, the per&s;ons that &s;urren|dred them&s;elves were the&s;e.</P>
<LIST>
<ITEM><HI>Owen Row</HI></ITEM>
<ITEM><HI>Augu&s;tine Garland</HI></ITEM>
<ITEM><HI>Edmund Harvey</HI></ITEM>
<ITEM><HI>Henry Smith</HI></ITEM>
<ITEM><HI>Henry Marten</HI></ITEM>
<ITEM><HI>Simon Meyne</HI></ITEM>
<ITEM><HI>VVilliam Heveningham</HI></ITEM>
<ITEM><HI>I&s;aac Pennington</HI></ITEM>
<ITEM>Sir <HI>Hardre&s;s Valler</HI></ITEM>
<ITEM><HI>Robert Titchborn</HI></ITEM>
<ITEM><HI>George Fleetwood</HI></ITEM>
<ITEM><HI>James Temple</HI></ITEM>
<ITEM><HI>Thomas VVayte</HI></ITEM>
<ITEM><HI>Peter Temple</HI></ITEM>
<ITEM><HI>Robert Lilburn</HI></ITEM>
<ITEM><HI>Gilbert Millingon.</HI></ITEM>
<ITEM><HI>Vincent Potter,</HI></ITEM>
<ITEM><HI>Thomas VVogan,</HI></ITEM>
<ITEM>and <HI>Iohn Downes,</HI></ITEM>
</LIST>
<P>And therefore though they be all attainted &amp; convicted of High Trea&s;on by the Law of the Land at a fair and legal Trial by a &s;pecial Commi&s;&s;ion of <HI>Oyer</HI> and <HI>Ter|miner</HI> directed to &s;everal of the Judges learned in the Law, and to divers other worthy and honourable per|&s;ons, yet they are not to &s;uffer the pains of death, but their executions are to be &s;u&s;pended until his Maje&s;ty by the advice and a&s;&s;ent of the Lords and Commons in Parliament &s;hall order the execution by Act of Par|liament to be pa&s;&s;ed to that purpo&s;e.</P>
<P>The per&s;ons that have been taken were,
<LIST>
<ITEM><HI>Thomas Harri&s;on</HI></ITEM>
<ITEM><HI>Adrian Scroop</HI></ITEM>
<ITEM><HI>Iohn Carew</HI></ITEM>
<ITEM><HI>Iohn Iones</HI></ITEM>
<ITEM><HI>Francis Hacker</HI></ITEM>
<ITEM><HI>Gregory Clement</HI></ITEM>
<ITEM><HI>Thomas Scot</HI></ITEM>
<ITEM><HI>Iohn Cooke</HI></ITEM>
<ITEM><HI>Hugh Peters</HI></ITEM>
<ITEM><HI>Daniel Axtel,</HI></ITEM>
<ITEM>and <HI>VVilliam Heulet.</HI></ITEM>
</LIST></P>
<PB N="114" REF="340">
<P><HI>Thomas Harri&s;on</HI> having received his Tryal, and being condemned to be hanged, drawn and quartered, accordingly on <HI>Saturday</HI> betwixt nine and ten of the clock in the morning the thirteenth of <HI>October</HI> 1660, he was drawn upon a hurdle from <HI>Newgate,</HI> to the place that is rayled in by <HI>Charing-cro&s;s,</HI> where a Gibbet was erected, and he hanged with his face looking to|wards the Banqueting-hou&s;e at <HI>White-hall</HI> (the fatal place pitched upon by tho&s;e infernal Regicides, for the &s;olemn murther of our late Soveraign <HI>Charles</HI> the fir&s;t, of glorious memory) when he was half dead, the common Hangman cut him down, cut off his privy members before his eyes, then burned his bo|wels, &s;evered his head from his body, and divided his body into four quarters, which were &s;ent back up|on the &s;ame &s;ledge that carried it, to the pri&s;on of <HI>Newgate,</HI> from thence his head was brought and &s;et on a pole at the <HI>South</HI> end of <HI>We&s;tmin&s;ter-hall,</HI> look|ing toward the City of <HI>London,</HI> but his Quarters are expo&s;ed to view, as a publick example upon &s;ome of the Gates of the &s;ame City.</P>
<P>His pleading at his arraignment were nothing but trea&s;onable and &s;editious &s;peeches, rather ju&s;tifying the crime he had committed, then any whit relenting; and &s;o he continued a de&s;perate Schi&s;matick to the Church of <HI>England</HI> to the la&s;t moment of his breath.</P>
<P N="2">2. <HI>John Carew</HI> was the next that followed, who at the time of his tryal, endevoured onely to ju&s;tify the late Rump and their actings, but that would not &s;erve his turn, for it was proved that he did con&s;ult and meet together with others how to put the King to death, that he &s;ate at the time of the &s;entence, and &s;igned the Warrant for execution, &s;o that the
<PB N="115" REF="340"> Jury found him guilty of compa&s;&s;ing and imagining the Kings death; for which he was al&s;o condemned to be hanged, drawn, and quartered, <HI>&amp;c.</HI> which &s;entence on <HI>Monday</HI> the fifteenth of <HI>October,</HI> in the morning, was put in execution on the body of the &s;aid <HI>Carew,</HI> his Quarters being likewi&s;e carried back on the Hurdle to <HI>Newgate;</HI> but &s;uch was the goodne&s;s of his Ma|je&s;ty, that upon the humble interce&s;&s;ion of his friends, he was graciou&s;ly plea&s;ed to give them his body to be buried, though his execrable trea&s;ons had merited the contrary.</P>
<P N="3">3, 4. The next in order, were Mr. <HI>John Coke</HI> the Soli|citor, and Mr. <HI>Hugh Peters</HI> that Carnal Prophet, and Je|&s;uitical Chaplain to the trayterous High Court; upon <HI>Cooke</HI>'s Trial it was proved again&s;t him, that he exa|mined witne&s;&s;es again&s;t the King, that he was at the drawing of the Charge, that he exhibited it in the name of the Commons a&s;&s;embled in Parliament, and the good people of <HI>England,</HI> that this Charge was of High Trea&s;on, that he complained of delayes, pray|ed that the Charge might be taken <HI>pro Confe&s;&s;o,</HI> and at la&s;t, that it was not &s;o much he as innocent blood that demanded Ju&s;tice, and that notwith&s;tanding all this, he acknowledged the King to be a gracious and wi&s;e King, upon which the Jury found him guilty.</P>
<P N="2">2. Then <HI>Peters</HI> was &s;et to the Bar, again&s;t whom was proved, that he did at five &s;everal places con&s;ult about the Kings death, at <HI>Wind&s;or,</HI> at <HI>Ware,</HI> in <HI>Cole|man-&s;treet,</HI> in the <HI>Painted Chamber,</HI> and in <HI>Brad&s;haw</HI>'s hou&s;e, that he compared the King to <HI>Barrabas,</HI> and preached to binde their Kings in chaines, <HI>&amp;c.</HI> That he had been in <HI>New England,</HI> that he came thence to de|&s;troy the King and foment war, that he had been in
<PB N="116" REF="341"> arms, and called the day of his Maje&s;ties Tryal a glorious day, re&s;embling the judging of the world by the Saints that he prayed for it in the <HI>Painted Cham|ber,</HI> preached for it at <HI>White-hall,</HI> St. <HI>James</HI>'s Chap|pel, St. <HI>Sepulchres,</HI> and other places: upon which proofes the Jury finding him guilty al&s;o, of compa&s;|&s;ing and imagining the Kings death, the Court &s;en|tenced them, <HI>viz. (Cooke</HI> and <HI>Peters</HI> both) to be led back to the place from whence they came, and from thence to be drawn upon a Hurdle to the place of ex|ecution, <HI>&amp;c.</HI> On <HI>Tue&s;day</HI> following, being the &s;ixteenth of <HI>October,</HI> they were drawn upon two Hurles to the rayled place near <HI>Charing-cro&s;s,</HI> and executed in the &s;ame manner as the former, and their Quarters re|turned to the place whence they came: &s;ince which, the head of <HI>Iohn Cooke</HI> is &s;et on a Pole on the <HI>North|ea&s;t</HI> end of <HI>We&s;tmin&s;ter-hall</HI> (on the left of Mr. <HI>Harri|&s;ons</HI>) looking towards <HI>London;</HI> And the head of Mr. <HI>Peters</HI> is placed on <HI>London</HI> Bridge, their Quarters al&s;o being expo&s;ed upon the tops of &s;ome of the Gates of the City.</P>
<P N="5">5. The next brought to Tryal, were <HI>Scot</HI> and <HI>Clement, Scroope,</HI> and <HI>Iones;</HI> again&s;t <HI>Thomas Scot</HI> was proved, that he did &s;it and con&s;ult about the Kings death, that he agreed to the &s;entence, and &s;igned the Warrant, whereby the King was murthered, that &s;ince he hath owned the bu&s;ine&s;s of the Kings death, by glorying in it, defending it, and &s;aying he would have it engraven on his Tomb-&s;tone, that all the world might know it, which being high aggravations of his crime, he was &s;oon found Guilty by the Jury.</P>
<P N="6">6. Then <HI>Gregory Clement</HI> was &s;et to the Bar, who im|mediately confe&s;&s;ed him&s;elf Guilty, <HI>modo &amp; forma,</HI> and
<PB N="117" REF="341"> &s;o without troubling the Jury was &s;et a&s;ide till Judge|ment.</P>
<P N="7">7. Next was brought Mr. <HI>Iohn Iones</HI> again&s;t whom the proofs were &s;hort, that he did &s;it upon the King in that mon&s;trous Court, and that he &s;igned the Sentence and horrid In&s;trument whereby the King was ordered to be put to death, upon which the Jury found him guilty.</P>
<P N="8">8. Then <HI>Scroop</HI> was tried upon the like Indictment for compa&s;&s;ing the Kings death, and again&s;t him was proved that he &s;ate in the Court, and did Sentence the King, and &s;ign the bloody Warrant, and after the com|ing in of his Maje&s;ty that now is, ju&s;tified the com|mitting of that dete&s;table murther, for which the Ju|ry finding him guilty, the Court gave &s;entence of death again&s;t them as the former to &s;uffer as Tray|tors, and accordingly on <HI>Wedne&s;day</HI> the 17. of <HI>October,</HI> about 9. of the clock in the morning. Mr. <HI>Thomas Scot,</HI> and Mr. <HI>Gregory Clement</HI> were brought on &s;everal hur|dles to the Gibbet erected near <HI>Charing-cro&s;s,</HI> and were there hanged, bowelled and quartered, and about an houre after Mr. <HI>Adrian Scroop,</HI> and Mr. <HI>Iohn Jones</HI> toge|ther in one hurdle were carried to the &s;ame place, and &s;uffered the &s;ame pains of death, being afterwards re|turned to <HI>Newgate,</HI> and thence their quarters placed on &s;everal of the City Gates, and their heads de&s;er|vedly di&s;po&s;ed on the top of <HI>London</HI> Bridge and o|ther places.</P>
<P>The&s;e being thus di&s;patched, &amp; having received the reward of their Trea&s;on, Mr. <HI>Daniel Axtel,</HI> and Ma&s;ter <HI>Francis Hacker</HI> were brought before the Court to be tried; Again&s;t the fir&s;t of whom, <HI>viz. Axtell,</HI> was in proof, that is the imagining and compa&s;&s;ing the death
<PB N="118" REF="342"> of the King, that he bid his Souldiers cry out Ju&s;tice, Ju&s;tice, and Execution, Execution; and beat them till they did it; That he bid &s;hoot the Lady that &s;poke and call'd <HI>Cromwel</HI> Traytor, &s;aying, not a quarter of the peo|ple of <HI>England</HI> con&s;ented to their wicked Charge; that he &s;aid to Col. <HI>Huncks</HI> upon his refu&s;al to &s;ign the war|rant for executing the King: <HI>I am a&s;hamed of you, the Ship is now coming into Harbour, and will you &s;trike &s;ayle before we come to Anchor;</HI> that he laughed at the Tran&s;|actions, as applauding them while others &s;ighed; that after the King was murthered, he kept Guards upon the dead body, and knew who cut off the Kings head, having &s;ent one <HI>Eli&s;ha Axtell</HI> for the Executioner; up|on which proof the Jury found him guilty of the &s;aid Trea&s;on whereof he &s;tood indicted.</P>
<P N="10">10. <HI>Francis Hacker</HI> was arraigned, and by diver&s;e witne&s;&s;es it was &s;worn again&s;t him, that he was Com|mander of the Halbeteers, who kept the King pri&s;oner, and would not &s;uffer any acce&s;&s;e to be unto him; that he guarded him to their mock-Court, and after kept him &s;ure till he was murthered; that he was one of the per&s;ons to whom the Warrant for execution was dire|cted, and that he &s;igned it, that he brought the King to the fatal block and was upon the &s;caffold, being a prin|cipal agent about the Kings death; for which horrid Trea&s;on the Jury found him guilty: after which the Court &s;entenced both him and <HI>Axtell</HI> to &s;uffer death as Traytors, according to which judgement they were on <HI>Friday</HI> the 19. of <HI>October,</HI> about 9. of the clock in the morning, drawn upon one hurdle from <HI>Newgate</HI> to the common place of execution, generally called <HI>Tyburn,</HI> and there were hanged. Mr. <HI>Axtel</HI> was bowelled and quartered and &s;o returned back and di&s;po&s;ed as the for|mer,
<PB N="119" REF="342"> but the body of Mr. <HI>Hacker,</HI> by his Maje&s;ties great grace and favour, and at the humble &s;uit and in|terce&s;&s;ion of his friends was given to them entire, and by them afterwards buried.</P>
<P>The la&s;t of this crew that was for pre&s;ent execution was <HI>Will. Hulet,</HI> again&s;t whom was proved that he was one of tho&s;e which came with a Frock on his body, and a Vizor on his face to perpetrate the horrid murther on the Per&s;on of the King, and that being &s;o di&s;|gui&s;ed upon the Scaffold, he fell down before the King and asked him forgivene&s;&s;e, being known by his voice; that him&s;elf &s;aid, He was the man that beheaded K. <HI>Charles,</HI> &amp; for that he had one 100 l. and preferment. That <HI>Hew&s;on</HI> &s;aid of him that he did the Kings bu&s;ine&s;s upon the Scaffold; That he either did cut it off, or took it up and &s;aid, Behold the head of a Traytor. That being que&s;tioned about the &s;aid words, he &s;aid, who&s;o|ever &s;aid it matters not; I &s;ay now, it was the head of a Traytor, with many other things to the like pur|po&s;e; for which mo&s;t abhorred Trea&s;on, the Jury found him guilty, and he was condemned to be hang'd drawn and quarter'd at <HI>Tyburn.</HI></P>
<P>This was the de&s;erved Cata&s;trophe that was &s;et to the&s;e men, who without any rea&s;on, nay contrary to rea&s;on, Lawes both Divine and Humane, yea, even in defiance of Heaven, dipped their hands in the &s;a|cred blood of their lawful Soveraign, according to that of the Wi&s;eman, <HI>The eye that mocketh his Father,</HI> (Rex Pater Patriae) <HI>and de&s;pi&s;eth his Mother,</HI> (Eccle&s;ia e&s;t Mater) <HI>the Ravens of the Valley &s;hall pick it out;</HI> which which we &s;ee befallen them, their heads in &s;eve|ral places being become a &s;pectacle both to Angels and Men, and a prey to the Birds of the Aire.</P>
<PB N="120" REF="343">
<P>In the la&s;t place, it is provided by the &s;aid Act of Ob|livion, that if <HI>VVilliam Lenthal, VVill. Burton. Oliver St. Iohn, Iohn Ireton</HI> Alderman, Col. <HI>Iohn Disborrow,</HI> Col. <HI>VVill. Sydenham, Iohn Blackwel</HI> of <HI>Moreclack. Chri&s;t. Pack</HI> Alderman, <HI>Richard Keeble, Charles Fleetwood, John Pyne, Rich. Dean,</HI> Major <HI>Richard Creed, Philip Nye</HI> Clerk, <HI>Iohn Goodwin</HI> Clerk, Sir <HI>Gilbert Pickering,</HI> Col. <HI>Thom. Li&s;ter,</HI> and Col. <HI>Raph Cobbet,</HI> &s;hall after the 1. of <HI>September</HI> 1660. accept or exerci&s;e any Office Eccle&s;ia&s;tical, Civil or Military, or any other publick imployment within the Kingdome of <HI>England,</HI> Dominion of <HI>VVales,</HI> or Town of <HI>Barwick</HI> upon <HI>Tweed,</HI> that then &s;uch per&s;on or per&s;ons as do &s;o accept or execute as afore&s;aid, &s;hall to all intents and purpo&s;es in Law &s;tand, as if he, or they had been totally excepted by name in the Act. The like penalty is impo&s;ed on all &s;uch who did give &s;entence of Death upon any per&s;on or per&s;ons in any of the late illegal or Tyrannical high Courts of Ju|&s;tice, or &s;igned the Warrant for execution of any per|&s;on there condemned.</P>
<P><HI>Thus by the ble&s;sing of God I have waded through the many intricate Meanders and Revolutions, untill at la&s;t I have as it were brought you by the hand to &s;ee that de&s;pe|rate Faction of <HI>Indepencency</HI> (as one may &s;ay,) laid into its Grave; all the heads thereof being &s;o annihilated by the Iu&s;tice of the known Law of the Land, that I hope its me|mory &s;hall be raked up in &s;uch an Eternal forgetfulne&s;&s;e, that po&s;terity &s;eeing no foot-&s;teps thereof, &s;hall conceive it to be a bare name, a mere notion, or <HI>aliquid non ens,</HI> of which in nature there can be no &s;ub&s;i&s;tance.</HI></P>
<DIV2 TYPE="appendix">
<PB N="121" REF="343">
<HEAD>An Appendix.</HEAD>
<P>HOw far the Trea&s;ons of faction have reached, and how high they dur&s;t &s;oare is to be &s;een before, I &s;hall onely now in &s;hort give a hint how highly the Law of <HI>England</HI> re&s;ents &s;uch impious acts: I &s;ay then, the wi&s;dome and fore&s;ight of the Laws of this Land in all ca&s;es of Trea&s;on maketh this judgement: that the Subject that ri&s;eth or rebelleth in forcible, to over|rule the royal will and power of the King, intendeth to deprive the King both of Crown and Life, and this is no my&s;tery or quidity of the Common Law, but an infallible conclu&s;ion drawn out of rea&s;on and experience; for the Crown is not a ceremony or Gar|land, but as Imperial con&s;i&s;teth of preheminence and power. This made former Traytors in all their quar|rels again&s;t their Princes, not to &s;trike down-right, be|cau&s;e God unto Lawful Kings did ever impart &s;uch beams of his own glory, as Rebels never dur&s;t look &s;traight upon them, but ever turned their pretences again&s;t &s;ome about them; this cau&s;ed the Judges &s;ome|time to deliver their opinions for matter in Law upon two points.</P>
<P><MILESTONE N="1"> The fir&s;t, that in ca&s;e where a &s;ubject attempteth to put him&s;elf into &s;uch &s;trength as the King &s;hall not be able to re&s;i&s;t him, and to force and compel the King to govern otherwi&s;e then according to his own royal authority and direction, it is manife&s;t rebellion.</P>
<P><MILESTONE N="2"> The &s;econd, that in every Rebellion, the Law in|tendeth as a con&s;equent, the compa&s;&s;ing the death and deprivation of the King, as foregoing, that the rebel will never &s;uffer that King to live or raign, which might puni&s;h or take revenge of his trea&s;on; And
<PB N="122" REF="344"> this is not onely the wi&s;dome of the Laws of our own Kingdome, but it is al&s;o the cen&s;ure of forraign Laws, the conclu&s;ion of common rea&s;on, (which is the ground of Law) and the demon&s;trative a&s;&s;ertion of experience, which is the warranty of all rea&s;on.</P>
<P><MILESTONE N="1"> For the fir&s;t the Civil Law, that &s;aith, Trea&s;on is nothing el&s;e, but <HI>Crimen Lae&s;ae vel dimminutae Maje&s;tatis,</HI> making every offence which abridgeth or hurteth the power and authority of the Prince, as an in&s;ult or in|vading of the Crown, and extorting the imperial Scepter.</P>
<P>And for common rea&s;on and experience, they cry, it is not po&s;&s;ible that a Subject &s;hould once come to that height, as to give law to his Soveraign, but what with terror of his own guilt, and what with the in&s;o|lency of the change he will never permit the King if he can chu&s;e to recover his authority, nay or to live Experience further tells us, and 'tis confirmed by all &s;tories and examples; two notable ones we had for|merly in our own Chronicles, the fir&s;t of <HI>Edw.</HI> the 2d. who when he kept him&s;elf clo&s;e for danger, was &s;um|moned by proclamation to come and take upon him the Government, but as &s;oon as he pre&s;ented him&s;elf, was made pri&s;oner, next forced to re&s;ign, and &s;hortly after; was tragically murthered in <HI>Berkly-Ca&s;tle.</HI> The other is of K. <HI>Rich.</HI> the &s;econd, before whom the Duke of <HI>Hereford</HI> (afterwards K. <HI>Hen.</HI> the 4^t^h) pre&s;ented him|&s;elf with three &s;eemingly humble, but indeed flattering reverences, yet in the end both depo&s;ed him and put him to death: but our own experience outvies all el&s;e, in the Horrid murther of our late dread Soveraign, which is related in the former parts, the puni&s;hment whereof is fully related in this la&s;t part, and therefore I &s;hall no more thereof in this place.</P>
<PB N="123" REF="344">
<P>You may have ob&s;erved that the practice of our Re|gicides was after they had ruined the Gentry, to advance their own kindred and allyes, though never &s;o in&s;uffici|ently unworthy, to the mo&s;t profitable places of the Common wealth; by which means all kind of exorbi|tances were committed without controul, the Death of the King being attended with infinite oppre&s;&s;ions, as in &s;uch changes is u&s;ual; which made Writers &s;ay, that the Death of <HI>Cae&s;ar</HI> was no benefit to the Romans, but ra|ther brought greater Calamities on them they under|went befere, as may be found in <HI>A&s;pian.</HI> The &s;ucce&s;s was the like when <HI>Nero</HI> fell, for the next year that fol|lowed after his Death, felt more oppre&s;&s;ion, and &s;pilt more blood then was &s;hed in all tho&s;e nine years where|in he had &s;o tyrannically reigned. So when the <HI>Atheni|ans</HI> had expelled one Tyrant, they brought in thirty; and when the <HI>Romans</HI> expelled their King, they did not put away the Tyranny but only change the Tyrants.</P>
<P>But &s;uch and &s;o tender is the hand of heaven over us, that he hath not only re&s;tored our Kings as at the fir&s;t, and all our Coun&s;ellors as at the beginning; but brought us home our King &s;o accompli&s;hed and pious, that we mu&s;t needs confe&s;&s;e with the Children of <HI>I&s;rael,</HI> becau&s;e the Lord hath a delight in us, therefore hath he made him King over us.</P>
<P>Oh then let us <HI>render</HI> without grudging <HI>unto Cae&s;ar the things that are Cae&s;ars,</HI> acknowledge him as Gods imme|diate Vicegerent, not pre&s;cribing him in what manner we will be ruled, nor by what means: But in all things with obedience and humility to &s;ubmit to his command, like <HI>Julian</HI> the Apo&s;tata's Soldiers who would not &s;acrifice at his words, <HI>&s;ed timendo pote&s;tatem, contemnebant pote&s;ta|tem,</HI> in fearing the power of God, they regarded not the power of man; yet when he led them again&s;t his
<PB N="124" REF="345"> enemies, <HI>Subditi errant propter Dominum eternum, etiam Domino Temporali.</HI></P>
<P>I will conclude all with one word of Advice: Since God hath &s;o bettered our condition, that our words are hardly able to expre&s;s our happine&s;&s;e, to avoyd the danger of a relap&s;e through a too carele&s;&s;e &s;ecurity, let circum&s;pection &amp; moderation take away all bitterne&s;&s;e, rather reflecting on the offences then the per&s;ons of any offenders, &s;o it may be tho&s;e concerned will not be &s;o de&s;perate to proceed on further in their wicked cour&s;es, but with &s;peed retire, and make &s;ome recompence to in<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ured parties, by their future provident endevours for the Common good. And for the&s;e Loyal hearts who have borne the brunt of the &s;torm both at home and abroad; &s;ince God hath re&s;cued them as brands out of the fire; 'tis hoped they will be nothing the more &s;ecure in their vigilant care of future occurrences, having alwayes a provident eye for the timely prevention of &s;uch inconveniencies, as might &s;teal on them in their own, or be intended again&s;t them from forrain parts. That &s;o the Throne of our <HI>Solomon</HI> may continue for ever, and peace be upon our <HI>I&s;rael.</HI></P>
</DIV2>
<EPIGRAPH>
<Q LANG="grc"><GAP DESC="foreign">.</Q>
<Q LANG="lat">Sed &amp; bene velle meretur veniam. <BIBL>Cicero.</BIBL></Q>
</EPIGRAPH>
</DIV1>
<TRAILER>THE END.</TRAILER>
</BODY>
<BACK>
<DIV1 TYPE="publisher's advertisement">
<P>&rindx; There is now in the Pre&s;s ready to come forth, that &s;o much de&s;ired Book, intituled, <HI>An Exact Hi&s;tory of the Life and Actions of Hugh Peters:</HI> As al&s;o his <HI>Diary,</HI> Sold by <HI>H. Brome,</HI> and <HI>H. Mar&s;h,</HI> &amp;c.</P>
<PB REF="345">
</DIV1>
</BACK>
</TEXT>
</GROUP>
</EEBO>
</ETS>
