The compleat History of independencie Upon the Parliament begun 1640. By Clem. Walker, Esq; Continued till this present year 1660. which fourth part was never before published.

THE SECOND PART OF The History of Independency. (Book 2)

MY first Part of Relations and Observations Historical and Politick upon this present Par∣liament,* 1.1 begun Anno Dom. 1640. Anno Car. primi. 16. is divided into two Parts or Books [The Mystery of the two Juntoes, Presbyterian and Independent] wherein I shew with what art (to advance their designs) the Grandees divided the Houses into the said two Factions; which Factions enter∣taining the Quarrel in earnest, their respective Grandees were forced to turn their jest into earnest too, for up∣holding their Authority, with their several Parties: not unlike Butchers, who, in a Country Market set their Dogs together by the ears in sport, and at last own their Dogs quarrel themselves in earnest. The second Book is [The History of Independency] wherein I shew the Rise, Growth, and Fractises of that Party; which being full of schimatical quick-silver, restless and stirring, and tenable by no Oaths, Principles, Promises, Declarations, nor by any obligati∣ons or Laws, Divine or Humane, doth now enjoy the fruits of their perfidiousness and treachery, a Conquest gotten over their Adversaries by pretending, protesting, and false promising, which they attribute to the bounties and Mer∣cies of God: and from the success of their villanies argue most Turkishly his blessings over them; and as Jewishly ar∣rogate to themselves to be the peculiar People and Saints of God, although hee useth them but as a Rod in his hand to scourge the sins of the other Party, and of the whole Kingdome. It is the usual method of Gods justice not onely to punish one sin by another, but one Sinner by ano∣ther; nay, a lesser Sinner by a greater, and at last to receive the humble and corrected Sinner into Abrahams bosome,

and cast the insulting Executioner of his wrath into the fiery furnace of his anger. In my aforesaid [History of Inde∣pendency] you have that Faction conquering: In this Conti∣nuation or Supplement of the said History, I represent them to you triumphing, using and abusing their Victories to the dishonour of God, destruction of the King, begger∣ing and enslaving of the Kingdome, depriving us of our Religion, Laws, Liberties, and Estates, and consequently, making our Wives and Children the objects of our fear, despair, and ill boding doubts, not the objects of any com∣fort and joy we can take in them, whose miseries we fore∣see, but cannot help. When I consider the intricacy of this my undertaking, how perplexed it is, how intangled with various changings, counterchangings, revolutions, revolt∣ings, and betrayings of Parties (such are all Civil Wars, but especially those where the most uncivil and barbarous sort of men, the dregs and lees of the People swim a top) how full of divisions, and subdivisions; insomuch that they who are Friends, and hold together in one Interest or Fa∣ction, are Opposites in another. Methinks my labour is as vain as his that attempted to take the Picture of Proteus; or his, that endeavoured to shape a Garment for the Moon: When God brought a confusion but of Lips and Tongues upon Babel, what man was able to reduce them into or∣der again? But God hath brought upon us a Confusion, a Babel, not onely of Lips and Tongues, but of Heads, Hearts, Hands, &c. What Historian can finde a method in so universal a Chaos? can draw light out of so palpable a darkness? Besides, I foresee my reward to be envy, ha∣tred, malice, contempt, slanders, sequestration, beggery, imprisonment, and at last an Arbitrary death without any legal trial, proceedings, Jury, Judges, or Court, or any known established Law to judge by, Obsequium amicos ve∣ritas odium parit. I have already followed truth so near at the heels (although but a private retainer to her) that al∣most all my teeth are secretly stricken out▪ what dare they not now do openly against me? since by murdering our King, dis-inheriting his Posterity, subverting Monarchical Government, abolishing the House of Lords, and per∣verting the House of Commons, setting up new Represen∣tatives,

with Supreme and Legislative Power, and new Courts and Jurisdictions against all Laws, they Proclaim them∣selves Conquerours of King, Parliament, and Kingdome, Vi∣ctors of our Religion, Laws, Liberties, and Properties, and Triumphers over our Persons, Wives, Children, and Estates? since they profess their will and power, to be the onely Laws and Rules of their doings, and our sufferings. But when I consider, that as no mans inncency, so no mans reservedness can protect him; but that some men must dye (according to Catilines rule) to make up the number, others to multiply confiscations, others to satisfie private suspicions, malice, and revenge, and they must dye to cement and foment this new erected Tyranny with their blood, I thought it as easie and more honourable to dye waking and working for my God, my King, and Country, than to dye sleeping, and have my throat cut in a Lethargy. I know these Schismaticks thirst as much after blood, as they hunger after money: and I am sure to be involved in the common and in∣evitable ruine of my Country, why should I not rather perish for it now, then with it hereafter? It is more manly, more noble, more Christian; Dulce & decorum est pro patria mori, was the say∣ing of an Heathen, why not of a Christian? Religion, Laws, and Liberties, lye now at stake, why should not I come in for a Gamester? It is a mixt cause, and he that dyes for it is a Martyr. He that fears Death, must be a slave to those Tyrants that carry the Sword; he that fears Poverty, must be a Villain to those Judasses that bear the Purse; but hee that fears God, will bor∣row strength from him to contemn them both: Thus putting my trust in God, I put Pen to Paper, and put my life into the scales, where God (I know) holds the ballance; he whose provi∣dence takes notice of a Sparrow falling from the house-top, will watch over me, and either protect me against them, or receive me from them.* 1.2

Cromwel, and Ireton (by advice of their thriving Junto of In∣dependents in the two Houses) having mutinied the Army against their Masters the Parliament, found that crime could not be de∣fended but by committing greater; wherefore they seized the Kings person at Holdenby to gain Authority with the People, that they might the better subdue the Parliament to their lusts:

for the better expediting whereof,* 1.3 they courted the City of Lon∣don to sit Neuters, and let them work their wills with the Par∣liament; which Myne not taking fire, they united the schismati∣cal party of the City and Country to them, and all such as being guilty of publick cheats and sp••••ls, desired the protection of the Sword to make good their rapines, and accounted all men else as Enemies; applying themselves to wooe and cajole the People, easily wrought upon as being weary of the War, and of the mis-government, Factions, confusions and oppressions of their new Masters the Parliament, which indeed were very great, but aggravated by them and their Agitators beyond the truth: and the whole weight of them charged upon the more moderate and innocent party (onely because they were their Opposites) whereas had they set the saddle upon the right horse, as sure as Judas bore the Bag, the Independents must have rid before the Cloakbag; they being the Publicans and Sinners that handled most publick treasure. The Layers on, Exactors, Treasurers, &c. of Taxes, the far more numerous and busie party in all Mony-Committees, and gainful imployments, Engrossers of all great Offices, and the greatest sharers of publick money amongst themselves for Compensations for Losses and Rewards for Ser∣vices pretended; and consequently, that Faction were the grea∣test Dilapidators of the Commonwealth, Oppressors of the People, and Authors of confusion, though (according to custome) by an impudent fallacy, called (Translatio criminis) the Inde∣pendent Faction lay their Bastards at other mens doors, making a shew to redress those faults in other men, which themselves are chiefly guilty of; wherefore the better to ingratiate themselves with King and People, they printed and published Ingagements, Declarations, Remonstrances, Manifestoes, Proposals, and Petiti∣ons of their own penning, and sent them by their Agitators and sectary Priests into all Counties for concurrence and Sub∣scriptions, the better to steal the respects of the People from the Parliament to themselves, like Absolom, they flattered the People to make Addresses and Complaints against publick Grievances to them onely; Boasting themselves for the sole Ar∣bitrators of Peace, Restorers of Laws, Liberty, and Property; Setlers of Religion, Maintainers of the Privileges of Parliament,

Reformers and Callers to Account of all Committees, Sequestra∣tors, Treasurers, &c. Deliverers of the People from that intole∣rable Excise, and other Taxes: But above all, Preservers of all just Interests, and Restorers of the King to his just Rights and Prerogatives with honour, freedome, and safety to his Person, (originally their own words,* 1.4 though since they Quarrel with Parliament and City for using them) and Reducers of his Queen and Children; without which they o∣penly profess and declare positively in many printed Papers to the world and the Parlia∣ment, There can be no setled peace nor hap∣piness to this Nation. The truth of this Asser∣tion was obvious to the meanest Capacities; and will suddenly be proved by dear and la∣mentable experience. To all these underta∣kings they now hunt directly counter, yet in pursuance of these undertakings the Army (by their own Authority) made Addresses to his Majesty, and presented to him more tole∣rable Proposals than any he could obtain from his Parliament: They treated with him, yea, they wrought upon him under-hand to neglect the Propositions from Parliament tendered to him at Hampton-Court, and to prefer the Proposals of the Army; and then (presuming they had him fast lymed) they propounded to him anew (as I have it from good hands) private Proposals from the Interest of the Independent Grandees and the Army, derogatory to the Kingly Power and Dignity, to the Lawes, Liberties and Properties of the Subject, and destructive to Religion. To which his Majesty giving an utter denial, they began to entertain new Designs against the Kings Person, and Kingly Government, which they ushered in by setting the Schismatical and Levelling Party on work in City and most Counties, to obtrude upon the Houses clamourous Petitions against further Treaties, and demanding exemplary Justice against the King: exceedingly laboured by

Cromwel himself in Yorkeshire both amongst the Gentry and Souldiers, &c. (amongst these the Petition, D••cemb. 11. 1648. was the most eminent) these men that insolently petitioned against 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, disfranchisings, sequestrations, wounds and death, as the Surrey Gentlemen! this shewed with how little reality the o∣ver-ruling party in the Houses Treated with the King.* 1.5 In order to this Designe of laying aside the King, and subverting Monar∣chy, They 1. frighted his Majesty into the Isle of Wight. 2. The Parliament (that is, the predominant Party) pursued him thither with offer of a Treaty upon Propositions: conditionally (that before he should be admitted to Treat) he pass 4. Dethroning Bils; of so high a nature, that he had enslaved the People, sub∣verted Parliaments, and had made himself but the Statue of a King and no good Christian, had he by his Royal assent passed them into Acts of Parliament;* 1.6 and the Parliam••nt (or rather the Grandees) after his Royal assent, might have made them∣selves Masters of all the other Propositions without his Consent: so that this Treaty was but a flourish to dazle the eyes of the world. His Majesty therefore denied the 4. said Bils, and thereby preserved the legal Interests of King, Parliament, and People; yet the Faction presently took a pretence and occasion there∣upon to lay aside the King,* 1.7 by passing 4. Votes for no more Ad∣dresses to him; and a Declaration against him: which were not passed without many threats, and more shew of force than stood with the nature of a Free Parliament, the Army lying near the Town to back their Party: the design having been laid before∣hand between Sir Henry Vane Junior, Sir John Evelyn of Wilts, Nath. Fiennes, Solicitor Saint Johns, and a select Committee of the Army. I told you before, the People had been throughly in∣structed formerly by the Army and their Agitators, That there could be no peace nor happiness in England,* 1.8 without restoring the King to his just Rights and Prerogatives, &c. notwithstanding which the people now found their hopes that way deluded by the Army and their Party; who had cast off the King upon pri∣vate discontents, the true grounds whereof did not appear;

and had obstructed all way s to Peace and Accommodation, and made them dangerous and destructive to such as travelled peace∣ably in them, witness the sad example of the Surrey-men, Kent, Essex; and all to perpetuate their great Places of power and profit. The minds of the people therefore troubled with appre∣hension that our old Lawes and laudable form of Government should be subverted, and new obtruded by the power of the Sword, suitable to the power and lust of these ambitious, cove∣tous men; and finding besides evident symptomes of a new War approaching to consume that small Remainder, which the last Wars had left, grew so impotient of what they feared for the future, and felt at present (insupportable Taxes, Free-quarter, insolency of Souldiers, Martial Law, Arbitrary Go∣vernment by Committees, and by Ordinances of Parliament changed and executed at the will and pleasure of ths Grandees, instead of our setled and well approved Laws) that despair thrust them headlong into Arms in Wales, Kent, Essex, Pontefract, &c. and at the same time a cloud arising in Ireland, a storm powred in from Scotland, and the Prince threatning a tempest from Sea; these concurrences looked so black upon the Indepen∣dent Grandees, that they gave way to a second mock-Treaty in the Isle of Wight;* 1.9 which was the fruit of their cowardise and subtilty; as appeares by Sergeant Nicholas (a Creature of theirs) who (upon Saturday, Octob. 28. 1648.) moved in the House, That the Lord Goring might be proceeded against as a new Delinquent out of mercy, because he had Cudgelled them into a Treaty; though now they attribute all to the Kings corrupt Party in the two Houses: the Army likewise kept a mock-Fast or day of Humiliation at Windsor, to acknowledge their sins, and implore Gods mercy for their former disobedience to the Parliament in not Disbanding, and their insolent Rebellion in Marching up in a Hostile and Triumphant posture against the Parliament and City, August 6. 1647. promising more obedi∣ence hereafter, and to acquiesce in the judgment of the Parlia∣ment, and Declared,* 1.10 That it was proper for them to act in their own sphere as Souldiers, and leave State affairs to the Parliament: but this was done but to recover the good opinion of the people and City, and to keep them from stirring, and to stay the mode∣rate

Party of the two Houses from Declaring the Army Ene∣mies, recalling and Voting their Commissions, and established Pay void, which they might have done with ruine to the Army and their Party in that Conjuncture of Affairs, and with safety to themselves, and applause of all honest men of England that had taken part with the Parliament from the beginning; had not some Grandees of the rigid Presbyterian party (both within and without the Houses) some cursed thing, some Achans wedge in their bosomes which suggested, Their sins were greater than could be forgiven; and therefore they durst not cast down the partition-wall between them and the King (this Army) though it lean so hard upon them, it is ready to overwhelm them: War is necessary for some men of every Faction, whose crying sins peace will lay open and naked to the scorn, derision, and detestation of the world. How well these sanctimonious Sword-players of the Army have observed the Duties and Undertakings of their said Humiliation, let the world judge: Have they not returned again with the Dog to the Vomit? have they not cozened God, and their own Soules? Sure they fasted from sin then, that they might sin with the more greedy appe∣tite now; and asked God forgiveness of the old score, that they might sin again upon a new score. Thus you see the two Trea∣ties in the Isle of Wight were begotten by fear and (that Idol of the Independents to which they offer up all their knaveries) ne∣cessity. They were Cockatrice Eggs laid by their Grandees when they had been Crow-trodden by Armies from abroad, and Tu∣mults at home;* 1.11 upon which they s••te abrood onely to hatch Scandals and new quarrels against the King, Anarchy and con∣fusion to the State, and Tyranny and oppression of the People: to set up the Olygarchy of the Saints, or Councel of State, the Kingdom of the Brambles, which since doth scratch the wool from off the skin, the skin from off the flesh, and the flesh from off the bones. I have been compelled to use some introductory Repeti∣tions in this part of my discourse, that I may give you the whole mystery of the 2. Treaties with the King in the Isle of Wight, with the causes efficient, and final of them, under one view; lest some one link of the Chain escaping your observation, it become a Chain of errors to you.

My first part of the History of Independency ends with that which was but an unlucky preface to a Treaty with the King;* 1.12 namely, Cromwel's menacing Letters to the Speaker of the House of Commons, dated August 20. 1648. Relating his easie purchase of a great Victory over Duke Hamilton, and Lieut. Gen. Bayly; wherein he relates the number of the Scotish Forces, farre dif∣fering from the former Report of Lieut. Col. Osborne a Scottish Gentleman, made in the House of Commons, July 20.* 1.13 (whereof I have spoken in my first part) who (to take away the terror of them) estimated Hamiltons and Langdales conjoyned forces to be but 10000. and it was then thought a note of disaffection to report them any more; but this Letter (for the greater glory of his sanctified Army) multiplies them to be 21000. The manner of the Fight was very strange and Exceedingly to be suspected (especially by any man who hath heard or read of Bayly's former demeanour in his own Country at Kylsythe and Auforte Kirke) It was little better than a beating up of Quatters for 20. miles together (for so far the Scots Army lay scattered in their Quar∣ters, the Horse so farre distant from their Foot, they could bring them no seasonable reliefe) Sir Marmaduke Langdale with his small Party drew forth, and made an honourable resistance, had he been timely and strongly seconded: on the Scotish Party the Fight began at Preston in Lancashire, where the Duke being wor∣sted, retreated to Wigon, from thence to Warrington thorow Lanes and Fastnesses, where Bayly, Lieut. General of the Scotish Foot, being strongly quartered upon a Bridg and Passe, yeilded up 6000. Foot and Armes without fighting, and so ruined his whole Infantry: from Warrington the Duke fled with 4000. Horse to Namptwich, from thence to Ʋtoxeter, where his manner of yeilding himselfe to Colonel Wayte (a Member of the House of Commons) take out of Waytes owne report in the House, who said, the Duke yeilded simply; 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 so that he could not get from him, desiring him to secure him from the rage of the Soul∣diers; saying, He had not come into England, but that he was in∣vited by a greater part of Lords, Commons, Citizens and Covenan∣ters then called in the last Scotish Army: presently the Bloud∣hounds

of the Faction in the House sented this, and called upon Wayte to know whether he named any? Wayte Answered that Hamilton was •• s••btil••, politique Lord, and no doubt (for the saving of his owne life) would do that in more convenient time. Hereupon a Committee (all of Canibal Saints) was presently packed, and ordered to go downe and examine the Duke, but no particulars could they get from him: which was an honourable silence, and made amends for his former lavish speech. It was happy the Prince did not trust himself in the Head of this Army. Had Ha∣milton marched immediately to Colchester, or but to Pont••fract, (which he might easily have done, Lambert his onely Opposite still retreating before him) the whole Country had risen with him. But he knew the Presbyterian party had rendred themselves contemptible, and he as much contemned the Independents, therefore he foreslowed his march, willing Cromwell and Fairfax should subdue all other Parties, and that he 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.

* 1.14This Victory did worke like Botled-Ale with Scot, Thomson, Cornelius Holland, Sir Henry Mildmay, and many others of the light headed Saints, who were so puffed up with the windinesse of it, that they began to swell with disdaine and malice against the Personal Treaty, and to threaten and insult over all that had ei∣ther Petitioned for it from abroad, or spoke for it in the House, as the only meanes of peace and a settlement.

* 1.15But the wiser sort (more crafty to doe mischiefe) knowing that the people were weary of Taxes and the Army; and had no hopes of peace but by a Personal Treaty; and were resolved to purchase peace, although at the price of a new VVarre, that Colchester, Pontefract, Scarborough, and a Castle or two in Kent were not yet reduced, the people in Wales, Kent, Essex, the North, not yet setled in such a calme, but that a new storme might arise: a considerable party of the Scots yet unbroken in England, and fronting Cromwell and Lambert, under the Command of Monroe, a daring, knowing, and uncorrupted Commander; Scotland it selfe not yet assured to them: and above all, the Prince of Wales with a strong Fleet at Sea, likely to raise new tempests at Land,

had he landed some men ••n Kent or Essex, to gather up the male∣contents there but newly sc••••tered and broken, and ready to ad∣here to any Party to defend themselves from the fury and rapines of their Committee; Warwick but a fresh-water Admiral, lying in the Thames under Protection of the Block-houses, and relying upon Land-souldiers, to awe the Mariners from mutinying; a cloud arising in Ireland ready to break into a storme: upon these considerations, the Cabal or close Junto of Grandees thought fit to dally on the Treaty, the better to keep the Prince quiet, in expectation thereof, and gain time to work upon his Seamen, (already corrupted with want of work and pay) and to gull and pacifie the rest of the Members and People, (not patient of a sharper remedy,) until Oliver had quite finished his Northerne work, a••d marched nearer London, Colchester reduced, and the Princes Fleet retired to Harbour to avoid Winter, and then to break off the Treaty, and purge the House of those Mem∣bers that sought Peace by an accord with the King, under the no∣tion of the Kings corrupt party; to blinde their eyes therefore, the Speaker Lenthall, (though at this time the Fore-man of Olivers shop) when it was debated in the House, Whether a Treaty should be had with the King in the Isle of Wight upon the Propositions of Hampton-Court? The Question much opposed, and at last put, the Noes and the Yeas were equal, 57. to 57. insomuch that the Speakers voice was put in to turn the Scales; he gave his voice in the affirmative, that time following his conscience against his In∣terest, and my Lord Say (openly in the House of Lords) said, God forbid that any man should take advantage of this Victory to break off the Treaty: and the Armies Scout, from Tuesday Novemb. 14. to Novemb. 21. 1648. propounds three Riddles to the Reader, 1. Why the Grandees of the Junto that use to rule the Army are the most active Solicitors for an Agreement of the Parliament with His Majesty when then the Army are acting to the contrary? 2. Why His Majesty, stumbles only at the matters wherein the Presbyterian Interest are concerned, when that Faction is the only visible prop to His Life, Crown, Dignity, and dying Interest? 3. Why the Souldi∣ers Petitions for Justice upon his Majesty were ill resented, and they thought worthy to be tried by a Councel of Warre, as Offendors, yet a Remonstrance was then framing by the Grandee-Officers to the

same purpose, and much more against the present Authority? and in this the Generall concurres.

* 1.16The next thing taken into consideration in relation to the Treaty, was, the giving new instructions to Hammond the Head-Goaler, how to demeane himself in the Treaty, which had for∣merly been Voted to be in the Isle of Wight, with honour, free∣dome, and safety to his Majesty: The Instructions were, 1. That the King should enjoy the same liberty during this Treaty that He had at Hampton-Court. 2. That no person excepted out of mercy, none now Imprisoned by the Parliament, nor none now in actuall Armes against the Parliament should be admitted to come to the King. 3. That no forreign Agent should make any Addresse to him without leave of both Houses. Against these Instructions it was ar∣gued, That some of them contradicted the former Votes, That the King should Treat in Honour and Freedome, and that He should en∣joy the same Liberty He had at Hampton-Court, which could not be so long as He was denyed to correspond with other Princes His Allyes (with whom He was in league and amity) by their Ambassadors and Agents, a Royalty inseparable from the Crowne, allowed Him at Hampton-Court, and to deny it was implicitely to dethrone Him. To which was answered, That this was true of a King in actuall exercise of his Regall power, which this King neither is, nor ought to be untill He hath given satisfaction to His Parliament: That it was a great condescention in them, and below the Dignity of a Parliament to recal their Votes of Non-Addresse, and put the businesse of the Treaty thus forward; and if He would not accept of a Treaty upon such condi∣tions as the Parliament thought fit, then things would be but where they were. The peaceable moderate Party, perceiving what opera∣tion the Scotish Victory had already upon the fancies of those hot-headed Men, knew they must speak mannerly and modestly for feare of correction, and must take what they could, since they could not have what they would. 4. That the King should give His Royall word not to remove out of the Island during the Treaty, nor in 20. daies after, without consent of the two Houses: this was to make his chaines a linke or two longer,* 1.17 yet the King did give His Royall word accordingly.

Thursday, Aug. 24. a Letter came to the Committee of Safety at Derby-House from the Earle of Warwicke, complaining of the

perversnesse of his owne Sea-men, and that those with the Prince would not yet stoop to the Gods of Gold, (his owne words) That some other way must be thought of besides force, to undermine the Prince, that since they had subdued their Enemies by Land, it would be a good preparative to work upon their Enemies by Sea with the same Engine. You see these Saints having gotten a publique Purse into their hands, are (at the peoples cost and charges) bountifull Corrupters of other mens faith, having none of their owne.

About this time a new kind of pick-lock was invented to open the iron Chests and Counter-Boards of the City;* 1.18 and invite them to throw more money after that they had cast away already in purchase of Bishops Lands; namely, a Committee to consider of a way to secure unto the Purchasers the Mony they had already disbursed upon the said Lands; and to remove all impediments in the Sale for time to come. To which Col. Harvy said, That he had experience in the late defection of the City; when the Men most backwards in the Par∣liaments service, were such of the Presbyterians as had no engagement upon Bishops Lands; wheras others of the same Party that have interest in the same Lands, are as forward as any the best affected. Here you see what it is that chaines the affections of the City to this Parlia∣ment, and what it is that divides them amongst themselves; self-respects makes them run along blind-fold with the Grandees in any designe or faction. A good bargaine makes a bad Man; Har∣vey needs no other president but himselfe, nor no more visible monument then his exceeding cheap bargaine of Fulham-house and Manour; which hath changed him from a furious Presbyter to a Bedlam Independent.

About this time it was Ordered,* 1.19 That Commissions should be issued forth into the Northerne Counties, to enquire what Damages they have any waies sustained by Hamilton's Invasion? This device was of a twofold use, 1. To cut off the Scots demands for Mony due to them for their last Brotherly assistance, and otherwise. 2. To cajole the poor Country into a beliefe they shall have reparations against the Scots, and raise them into a clamorous complaint against the Scots; and at last a deadly feud when they shall finde their hopes denied by them and disappointed. In the meane time they are patiently eaten up with Taxes and Free-quarter, and while they looke for what

they shall never have, they lose what they have already; This was the much applauded invention of Master St. J••hns of Lincolns-Inne.

* 1.20About this time the newes of the Surrender of Colchester in∣flamed the Antimonarchical faction from a Feaver to a frantick Calenture. They yeilded to mercy, and within 4 hours after Sir Charles Lucas, and Sir George Lisle (for the better explanation what Independent mercy is) were shot to death; some attribute it to an old quarrell between him and General Fairfax, others think it was done to put an affront upon the King and the Trea∣ty: Colonel Farre was likewise condemned by the Councel of Warre at the same time, but is reprieved as a witnesse against the Earle of Warwicke when time serves, for when Warwicke long since waited at the Commons Door with some Ladies to petition for a Reprieve for the Earle of Holland, a Soul∣dier of the Guard insolently told him, He had more need petition for himself.

* 1.21Instructions for the Commissioners to Treat with the King were Debated. The Independents propounded, that those Pro∣positions that were most advantagious to the Parliament should be first debated, and if the King did not confirme them all, the Treaty to break off: But it was held unreasonable in any Treaty, that one Party should bind himselfe before the conclusion, and leave the other at large, and himself in the lurch; so it was Ordered, They should be Trea∣ted of in order as they lay, and (according to His Majesties desire) no∣thing binding to either Party untill all was agreed of. The next stum∣bling block cast in the way was, that seeing 40 daies onely were allowed for to Treat, that they should limit how many daies (and no more) should be spent in Treating upon every several proposition: But this was looked upon as a cavil to make void the Treaty, and so o∣ver-ruled; you see what use these men that gaine by VVar make of their Victories.

* 1.22The next thing debated was, the List of such Gentlemen as were named to attend the King in this Treaty: The moderate Party ex∣cepted against Ashburnham (a great man with Cromwell) and Legge, as being Prisoner to the Parliament: The Independents excepted Dr. Shelden, Hammond, and Oldsworth, for the same rea∣son; but the next day the Speaker moved, that Legge and Ash∣burnham

might go to the King; and to satisfie such as had obje∣cted their Imprisonment against them, the Independents alleaged they were unduly imprisoned, and moved, a Committee might be appointed to examine the cause of their Restraint: but the mo∣derate alleaging the same reason for the said three Doctors, and making the same motion for them, there was no farther pro∣ceedings therein.* 1.23

Thus farre I have briefly set downe the Preparations towards a Treaty; the Treaty it selfe between the King in the Isle of Wight, and the Parliaments Commissioners; their Reports of the Results to the Houses; and the Houses Debates and Votes upon them took up almost all the time until the 6. December, 1648. (some few businesses of no great moment intervening) many imperfect and partial Relations of them have been printed cum Privil gio; but Mr. Will. Pryn in his excellent Speech made in the House of Commons, 4. Decemb. 1648. and since printed, hath set down all the most material Arguments on both sides, with great candor and ingenuity, and hath confuted the Enemies to Peace and Accommodation: if strength of Reason can confute those men that follow only their own Interests of power and profit, whose wills and lusts have alwayes bin their own Lawes, and are now become the only Lawes of this Conquered Kingdome: I love not actum agire, I referre my Reader therefore to his Speech, and will only trouble him with some Observations upon this Treaty.

I have said something of the Militia,* 1.24 and the Kings Negative Voice, in the 1. part of this History, especially in the Conclusions at the latter end; I will only say that without them the King can∣not be a Governing King, but a bare titular King, a picture, a shadow, because 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 lose both, nor can the Subjects be any longer his Majesties Subjects, but Slaves to their fellow Subjects, when so many petty Kings (not authorized by any Law of God or Man to protect the People) shall hold the Sword over their Heads, and distract them with different Opinions, disagree in Commands, according to

the variety of their severall lusts, factions, and interests: how can the King according to his Coronation Oath and duty (to which God hath called him) Governe and protect his People,* 1.25 when he hath given away his Sword to a factious Parliament where one Party tyrannizeth over the other, and threatens the other with the longest Sword? how absurd and impossible it is for the Sub∣ject to expect protection from one hand, and to sweare and pay Allegiance to another hand, that hath divested it self of all power to protect them; let our Lawes, the practice of all Nations and times, and the judgement of the learnedst Politicians tell you, whose Maxime is, Illa optima est Respublica ubi Princeps quàm maximum potest boni, & quàm minimum mali; Primò ne nova Tributo indicere, nova victigalia constituere possit, inconsultâ Re∣publicâ: Deinde legum condendarum anti quandarumque poenes Rempublicam, non unum aliquem Magistratum esse debet potestas; nulla enim in re gravius peccatum admittitur, nusquam graviores turbae minantur quàm hisce de rebus; That is the best forme of Government, where the King can doe most good, and least evill: 1. Let Him be disabled to raise new Taxes, and lay on new Tribute. 2. Let Him not have the sole power to make or repeale Lawes, which ought to belong to the Common-wealth; not any one Magistrate; for no power is more hurtfull to the people, nor stirres more Commotions then these two: such is the Kingdome of England; the King hath neither the power of our Purses, nor the changing of our Lawes in His hands, and if he give away his Sword, he will be such a King of clouts as can do neither good nor evill, like Rex Sacrificulis at Rome, ea summa potestas dicitur, quâ secundum Leges non est major neque par; such was the Dicta∣tor at Rome, he had no equall there; Papyp: cursor dictator, ad∣judged to death his Generall of the Horse Fabius, for fighting a∣gainst his command though prosperously; and rejected all ap∣peale to the Senate and Tribunes of the People; yeilding at last onely to their prayers, with this saying, Vicit tandem imperii ma∣jestas: such is the King of England, the Common-wealth cannot compell him to grant a Pardon, or dispense justice or mercy as they please; the Oath of Supremacy calls Him Supreame Gover∣nour in all Causes, over all Persons, so doe all our Statutes, to whom in Parliament (which is his highest sphere of majestie) is

the last appeale by Writ of Error, who is, Principium, caput & finis Parliamenti, the beginning, head and end of the Parliament: and therefore he onely calls the Parliament, to advise with him, and dissolves it when he is satisfied: He makes Warre and Peaee,* 1.26 and is Protector of the Lawes, and of all just interests; onely the policy of the Law disables him to make, repeale, or alter Lawes, or raise Monies without consent of both Houses by Bill passed; (which is but an Embrio until he quickens it by his Royal As∣sent) because this way the King may doe most hurt, and wrong to his people, (as I have already said) it being the wisdome of our Lawes to keep the Sword in one hand, and the purse in ano∣ther.

The 1.* 1.27 proemial Proposition for justifying the Parliaments Cause and Quarrell, and condemning his owne Cause and Party, was a bitter pill; but an earnest desire of peace sweetned it, and guilded it over, and invited him to swallow it without chawing or ruminating upon it: but how devilish, unchristian, and illegal a use the Faction hath made of this extorted confession, let God judge.

Their insisting upon it, that the King should take the Covenant,* 1.28 was an errour in Policy, whereof the rigid Presbyterians are guilty; they (supposing the King would take it at last) stood up∣on it, and intended thereby to joyne the King to their Interest and Party. The more subtile 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 Person of His Majesty, as, that He should swear to maintain his owne Person, &c. which the Law of nature binds him to without an Oath, which in this case is idle, and a prophaning of Gods name: some things in the Oath were contradictory to what the Parliaments Proposi∣tions desired of him, as, to maintain His own Authority in defence of Religion, Lawes, and Liberties, which was impossible for Him to doe unlesse he kept the Militia in his owne hands, and his Negative Voice also, which that clause in the Bill of Militia, That all Bills for leavying Forces should have the power of Acts of Parliament, without the Royall Assent, &c. would have deprived him of, by making their Ordinances Acts of Parliament in effect,

binding to the Persons and Estates of the People in an Arbitrary way, to their utter enslaving: To sweare to Abolish Bishops, &c. was against his Coronation-Oath, To sware to extirpate Heresies, Schismes, &c, is more then the Independents would permit; To sweare to maintaine the Ʋnion between the two Nations, which the Parliament declare already to be broken by the Scots Invasion, is vaine: besides, how unjust a thing was it to impose that Oath upon the King, when most Members of the Parliament, Army, and others, are left at large not to take it? The Parliaments De∣mands, That the King should declare against the Marquesse of Or∣monds proceedings to unite all the Interests of Ireland for the service of his Majesty, was no part of the Propositions upon which the Treaty was begun, but a subsequent request upon an emergent occasion; and therefore I see no reason why the King should have given any answer to it, but onely have held himselfe to the original Propositions, yet he did Answer, That the whole busi∣nesse of Ireland was included in the Treaty, and therefore a happy Agreement thereupon would set an end to all differences there, which being voted unsatisfactory, and moved that a new Declaration might be published against him; the King was inforced to put a stand to the Marquesses proceedings by his Letter, to his great prejudice; yet these Declarers against him do now comply with Owen Roe Oneale, and have entertained O Realy, the Popes Irish-Vicar-general in England, to negotiate for the Irish massacring Rebels with the Parliament: These things considered, prove what I finde in our late King Charles the 1. most excellent Book, Chap. 18. That it is a Maxime to those that are Enemies of peace, to ask something which in Reason and Honour must be denied, that they might have some colour to refuse all the rest that is granted. More observations upon this unlucky Treaty I will not trouble my Reader with, these being enough to shew the vanity of those Propositions; by these he may take a scantling of the rest ex pede Herculem. I cannot but blame the indiscretion, if not the indisposition of those Commissioners who cavilled away so much time in the Treaty,* 1.29 until Cromwell had done his work in the North, and marched up to Towne to make the Treaty in∣effectuall.

About the latter end of Octob. 1648. Col. Jones sent whining

Letters from Dublin, to the Steersmen at Derby-house, complain∣ing that all Ireland was like to unite and prosecute the Kings Interest, and therefore he cried for help; but neither the said Committee, in their consultations, nor the Army in execution of what was resolved, could agree amongst themselves: the Engrossers and Monopolizers of Oligarchy into a few hands, desiring to make themselves a Corporation of Tyrants, suspect an opposition from the Levellers; and would faine turn them out of the King∣dome, into Ireland, to seek their fortunes, and practice their Levelling principles in a strange Land: The Levellers (more nu∣merous in the Army, though lesse numerous in the said Commit∣tee) strain courtesie with their Betters, and would have them go first, thinking the seeds of liberty and equality will prosper better in the soyle and aire of England; While they were dispu∣ting, if Marquesse Ormond had been acting (as he had been, had not the King been necessitated to retard him, by his said Letters, sent from the Isle of Wight during the Treaty,) the King had reco∣vered that Kingdom intirely to himself, which had bin of great advantage to him.

The 20. Novemb. 1648. Col. Ewers with seven or eight Officers more, presented at the House of Commons Barre a thing called (by those that use to miscal things,) An humble Remonstrance of the Army: It is founded upon these five Anarchical Principles. 1. That themselves and their faction only (whom they call exclusive∣ly, the Well-affected, Godly, Honest Party, the Saints) are the People of England; all the rest but Philistines, Amorites, or (at the best) but Gibeonites. 2. That their Interest only is the publick Interest of the People. 3. That the People (that is, themselves) are the only competent Judges of the peoples safety (contrary to the Lawes and Practice of all Nations, which bestow that Preroga∣tive only upon the Supreme Magistrate) but it may be here lies hid another subsequent principle, That they are the Supreme Ma∣gistrates, armed with Supreme Authority, as well as with their Swords, and hereupon, they as good as tell the House, That if their sup∣posed dangers be not removed, and those remedies which they Re∣monstrate admitted, they shall make such appeal to God, (that is, their Sword) as formerly they have done. 4. Principle is consequen∣tial to the 3. That they may drive on their designe (upon pretence

of necessity, self-preservation, honest intentions, providence, or revelation) against all Powers, Formes of Government, and Lawes whatsoever, under colour of the much abused Maxime, Salus Po∣puli Supremae Lex esto, the safety of the People is the Supreme Law; which hath been the fruitful Mother of many Rebellions in all Ages, to serve the corrupt ends of ambitious Persons; who usu∣ally fish in troubled waters to attaine to those ends which they could never arrive at in setled Governments. This is a Principle, or new light discovered by Major Huntington, That it is lawfull to passe through any formes of Government, for accomplishment of their ends, and therefore either to purge the Houses, and support the remaining Party by power everlastingly, or put a period to them by force: and themselves imploy as much in this Remonstrance, p. 45. saying, It cannot be safe to accommodate with the King, because if He returne, and this Parliament continue long and unlimited, He will make a Party amongst them; He hath bid faire for it among the Commons already, and the Lords are his owne out of Question; and therefore we dare not trust the King amongst them. Againe they say, That if the King come into the Parliament, He will be looked upon as the Repairer of breaches, Restorer of trade, peace, plenty, &c. and if the Army should keep up (as it must) upon Taxes, the Hou∣ses and Army will be looked upon as Oppressors; and the jealousies and discontents of the People be increased against them, and make them apt to joyne issue with the Kings interest, and may yeild us up a sacri∣fice to appease the King and his Party; out of these words, and their owne practice, I concluded for them, ergo, They may carry on their designe upon necessity for self-preservation, against the Monarchical Government, and Law of the Land, to murder the KING, as they have since done. Againe they say, If the King were returned, each Party would strive first, and most to comply with Him, ergo, there is a necessity to subvert the Kingdome and mur∣der the KING. Behold what use these cowardly Saints make of necessity, and self-preservation. 5. That they may appeale to their Sword against the Authority of any their Governours, in order to publique safety; which two last conclusions set the door wide open to Faction and Rebellion; since the People are ever float∣ing and given to change, and every turbulent ambitious Fellow, is apt to raise them into a storme against their Governours, for

their fabulous assertions wherewith these Saints usually guild over their foule actions, 1. That the Houses were free when they passed the 4. Votes for Non-Addresses. 2. That they were not free when they recalled them. 3. That the People were quiet and conten∣ted untill the recalling those 4. Votes; and afterwards were unsetled, and presented clamorous Petitions. 4. That the Army did not ap∣ply themselves to the King untill he proffered himself to them. 5. That when they made Addresses to Him, it was but to prevent the Pres∣byterian Party. But it appeares, their ayme (from the begin∣ning) was to suppresse the Presbyterian, and advance their owne Party, and lay by the King, and domineer over Him and the Kingdome; for when Cromwel had brought his Designe to perfection, he said at Kingston, That he was as fit to rule the King∣dome as Hollis. 6. And then but hypocritically.* 1.30 All these are suf∣ficiently confuted in my said Animadversions, and in the said Plea, for the King and Kingdome, in Putny Projects, and in my First part of the History of Independency. After all this tedious stuffe aforesaid, they make Propositions to the Parliament of two sorts, all founded upon the said five Antimonarchical Prin∣ciples; The first for satisfying publique Justice, (that is, for the Hang-man to teach the Judges who they shall sentence to exe∣cution) 1. They demand, the Person of the King may be brought to speedy Justice; this affront they put upon the Parliament when they were neer conclusion of their Treaty with Him: when He had already granted more to his Subjects than ever any King condescended to:* 1.31 this is through the sides of the King to give Monarchy, the fundamental Government, and Lawes of this Land, and consequently the Liberty and Property of the People, their Deaths-wound. By the Law of God, nature, reason, and the Lawes of all Kingdomes impunity is an inseparable prerogative of Kings, as they are Supreme in their Dominions;* 1.32 the Petition of Right, 3. Caroli, Declares, That they had no power to hurt the Kings Prerogative, much lesse (I think) to hurt his Person, the Lawes, are the Kings Lawes; Courts the Kings Courts: Judges his Judges; Great Seale, his Seale; Writs, the Kings Writs;

the Justice and Peace of the Land are his, consequently the Warrs his Warrs; he is the fountain of all Authority as well as of all Honour;* 1.33 Thou shalt not speak ill of the Governour of the People: therefore not accuse him. The King hath no Superiour nor equal in England, contrary to that false distinction of the Observator, that he is, Major singulis, minor universis. When David would have gone forth to Battel, his Army disswaded it, using these reasons, If we flee, they will not care for us, n••ither if halfe of us die, will they care for us; But thou art worth ten thousand of us: Here you see the King is reckoned, major universis, more than all his Army; and yet that Army was (at that time) in ef∣fect, all the well-affected of the Land; and therefore (by the A∣narchical Principle aforesaid) the only People of the La••d; for further proof hereof I appeal to all our Laws and Statutes, how will they Try him? Who shall Judge him? who are his Peers, that he may be Legally Tryed like a Freeborn man (for sure they cannot deny him that right) according to Magna Charta, per legale judicium parium suorum? It is a grounded Maxime in our Lawes, The King can do no wrong; 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, Remonstrances, so long as they continued (in any state or degree of innocency) always accused his Evil Counsel∣lours and Ministers, and freed Himself, lest they gave advanta∣ges to ambitious men, Absalom-like, to scandalize and dishonour him, and render him low and vile in the eyes of the People; to the disturbance of the peace of the King and Kingdoms, and sha∣king of the Royal Throne which is alwayes accompanied with an earth-quake of the whole Land. Saint Peter bids us, Submit to every ordinance of man for the Lords sake, whether it be to the King as supreme, or unto Governours, as those that are sent by him.

As free, and not using your liberty for a cloake of malitiousnesse, but Feare God, Honour the King: But these rebellious Saints abusing Christian liberty for a cloake of malitiousnesse, will (according to their 4^th Antimonarchical Principle) make the giddy, ignorant, tumultuous, many-headed multitude Judges of their King, and make the confused Rabble his Superiours, thereby setting up two Superiours one contradictory to the other, and so turn the King∣ly Government into a popular Military Government, abolish our Lawes, and leave all to the power of the Sword in an Arbi∣trary way, to carry on their designe: to which purpose they have lately caused their Journey-men, the present House of Com∣mons, to Vote, (contrary to our knowne Lawes) That the Su∣preme Authority of this Nation is in the People of England, and therefore in themselves as their Representative. This is a 6. A∣narchical Principle of the Army and their Party, who wanting reason to prove it, assert it by the Authority of their Mock-Par∣liament, and must now make it good by the Sword to justifie their proceedings against the King and People. These popular principles are meer empty notions, whereby the Grandees draw the Supreme Authority thorow the People to themselves, the better to enslave them; for the liberty of the Commons doth not consist in a licentiousnesse to interrupt the Government of their Superiours, and change the Government according to their fancies; but the liberty of the People consists in the enjoying the fruits of their labours, their goods, possessions, estates, and their personal liberty, according to the knowne Lawes of the Land. When Harry Martyn in Barkshire forbade the People to stand bare at the Sessions, and doe homage and fealty to their Lords; he gulled them; and gave them that which was not their due, to rob them of that which was their due; their Horses, Goods, Money, plun∣dred from them, for service of the State (forsooth) and beat them that defended their owne; so that while he flattered them to be the Supreme Authority and Lords Paramount, and the Par∣liament to be their Servants; he used them like Slaves conquered by the Parliament. Besides, it is not all the People, nor the thou∣sandth part of them, but a few covetous, ambitious men, that de∣sire to bring the King to capital punishment, and subvert our fundamental Government and Lawes, that have usurped the

power of the Kingdome into the hands of their Faction, and now require this to keep themselves from being called to ac∣count. The second Demand tends to disinherit his Posterity, viz. That the Prince and Duke of Yorke come in by a day appointed, and acquit themselves of their capitall Delinquency, or else to be Declared incapable of Government, and to die without mercy, if af∣terwards found in the Kingdome; th••s Summons is but to insinuate their guilt; if they refuse to appeare, as reason tells us they must and will. This is to shut the door after Monarchy, and keep it out for ever; in farther pursuance, they demand the Revenue of the Crowne to continue still in Hucksters hands to pay publique Debts, and repaire the Losses of the People, (that is) themselves. The second sort of Propositions are, for setling of the Kingdome upon their owne Grounds and Interest, That a certaine period be set to this Parliament, by which time the Supreme trust in them may returne unto the People: that is, still to themselves and their Faction, the new erected Committee of State, the hogen mogens at White-hall. Thus you see having removed out of the way the King, the first and most visible legall Authority: they will now put downe the Parliament, the second visible Authority of Eng∣land, who are now the onely Bulwarke against the Tyranny of the Sword, and then (as Major White said at Putney long since) there will be no visible Authority left in England but the power of the Sword, which will introduce a new Parliament, or rather fantastical new invented Representative (destructive to Parlia∣ments) all of their owne Creatures: as appeares by their next Proposition, concerning succession of Parliaments. 2. That n••ne shall be capable of Electing,* 1.34 or being Elected, that have engaged a∣gainst the publique Interest, (that is, the Interest of them and their Party, as appeares by their 5. Anarchical Principles in the begin∣ning of this Paragraph) nor any that oppose this Agreement: By what Authority (but the arbitrary sway of the Sword) shall Free∣men be Disfranchised, and lose their Birth-rights for not changing the fundamentals of Parliaments, Government, and Law, and

yeilding them up to the lusts of an Army of Rebels, that bragge they have Conquered the Kingdome, and we are their Slaves? 3. That Elections may be so distributed, as to render the House of Commons a Representative of the whole People, (that is, tagge and ragge and Canting Beggers, who have nothing to give or lose, as well as Free-holders) so farewel Writs of Summons, and all orderly, legal formes; if all men, without any distinction, may Elect, and be Elected, all will fall into confusion; the Rabble will never agree, all things will tend to Riots and Tumults; so that the better and soberer fort will, and must forbeare, and leave all in the hands of the Rascallity, and at last no Represen∣tative will be chosen, or such an one as the People will be asha∣med to owne, and will desert them, and leave them to be orde∣red at the pleasure of the Army. 4. Prop. That our Kings hereaf∣ter may be Elective, and disclaime a Negative Voice: how frequent Civil Warres are in all Elective Kingdomes during the inter∣regnum, or space between the death of the old, and choice of the new King; how obnoxious to the Souldiery, let the old Em∣perours of Rome, those later of Germany, the Kingdome of Po∣land, and heretofore Bohemia, and Hungary tell, all Histories are full of examples; yet if our elective Kings shall have neither the Militia, nor a Negative Voice in Councels, and the Crowne Reve∣nues be otherwise disposed of (as is inferred) and their Heads exposed to the humours of the People, or their Representative, the Office will be so unworthy of any wise man, that I do by these presents freely give my voice to the Lord Fairfax, and so unfit for any honest Gentleman; that I do hereby give my voice to Cromwell the perfidious Brewer; catch who catch can, let them agree amongst themselves, I care not which of the two shall be set up for the new States Scar-Crow. This Remonstrance was about a Week after seconded with a most insolent threatning Declara∣tion, composed altogether to terror; it was occasioned as fol∣loweth. About the latter end of November, the Parliament was informed the Army was upon their march to London, whereupon (not without great opposition by the Armies Party in the House, and with great caution it should be mannerly phrased for feare of angring his insolency) a Letter was Voted to be sent the Ge∣nerall, forbidding his neerer approach. In contempt whereof

the Army immediatly printed the said Declaration, accusing the Parliament of Breach of Trust, Lightnesse, Inconstancy, Indiscre∣tion, saying, They would appeale from them to the People (that is, still themselves; you see they hold one and the same Rod over King and Parliament) and threatning to advance presently to West∣minster, to doe what God should enable them unto: The same night they came to Hyde-Parke-corner, and kept Guards there: Here∣upon it was put to the Question; That the Armies approach was prejudiciall to the freedome of Parliament? but through the cow∣ardice of some, whose hearts now began to melt, and the impu∣dent restlesse bawling of those cheating Saints, that comply with the Army to keep themselves from giving Accounts, it passed in the Negative.

* 1.35Decemb. 2. The Kings Answer was debated; and as a prologue to it, young Sir Henry Vane (a Whelpe of the Old Curre) spake thus, Mr. Speaker, By this Debate we shall know who are our Friends, and who are our Foes; or to speak more plainly, We shall dis∣cover who are the Kings Party in the House, and who the Peoples: To which was Answered, That since this Gentlemen were so bold, to deale thus by way of prevention, in a threatning manner; and had fore∣judged and divided the House 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 Division of the House. Sir, you will find some desirous of peace, and they are Losers by the Warre; Others are a∣gainst peace, and those are Gainers by the Warre, My humble mo∣tion is, that the Gainers may contribute to the Losers, that we may all stand upon equall feete for till then, the Ballance of the Common∣wealth will never stand right towards a settlement. True jests bite sore. He and his Syre oppose peace: lest the Kings Revenue being restored, they should lose a good Trade there: the old Dogge is Chair-man of that Committee; the young one is a prin∣cipal Publican and Treasurer; they get constantly above 6000 l. per annum, between them besides private cheats by paying half Debts, and taking Acquittances for the whole; and then dis∣counting for the whole; buying in old sleeping Pensions for trifles, that have not been payed in many yeares, and paying themselves all Arreares, Cornelius Holland is Servant to them both, and hath gotten as much wealth as makes him sawcy e∣nough

to hire William Lilly, and other Pamphletiers to derive his Pedigree from John Holland Duke of Exeter, although it be knowne he was originally a Link-boy, but he is now one of the New Lights, an illuminated Brother. Master Pryn moved the de∣bate of the Kings Answer might be laid aside until it was a free Parliament not environed by the Army: but (said Mr. Rich. Nor∣ton) Take heed what you say against the Army, for they are resolved to have a free Parliament to Debate the Kings Answer, if we re∣fuse.

This day the General took possession of White-Hall for his Quarters,* 1.36 as if he meant to keep out the King in defiance of the Treaty: he brought to Towne with him foure Foot Regiments, and six Regiments of Horse; part whereof quartered at White-Hall, the rest in Yorke House, and other great Houses; the Horse turned the Reformado Horse Guards that attended the Houses, and lodged in the Mewes by their order, out of their Quarters, without applying themselves to the Houses.

Upon Monday, Decemb. 4.* 1.37 News came to the House that by severall Orders from the Generall, His Majesty was seized in His Bed-chamber, and hurried away Prisoner to Hurst Castle, a Block∣house out of the Isle of Wight, standing about a mile and a half in the Sea, upon a Beache full of mud, and stinking oaze upon low tydes; having no fresh-water within two or three miles of it, bitter cold, and of a foggy and pestilent ayre, so noysome that the Guards thereof are not able to endure it long without shifting their Quarter. This was a torment beyond Pistoll and Poyson, many spake against the in∣solency of this fact, as being committed against the life of the King, and against the honour and publique faith of the Parlia∣ment; who had Voted, He should Treat in Honour, Freedome and Safety, in Newport in the Isle of Wight; and had accepted His Royall Word not to withdraw out of the Island during the Treaty, nor in 20. daies after; (which were not yet expired) and now to have the Houses debates and results fore-stalled, and the Treaty made frustrate by such an act of violence and prevention com∣mitted upon the Person of the King, was a presumtuous and rebellious act: It was moved therefore that it might be Declared That his Majesty was removed out of the Isle of Wight by his Ex∣cellencies Warrant, without the consent or privity of the House: But

those Members that Idolize that Bell and the Dragon, the Army, and are but Priests fatting themselves upon the Sacrifices of that Image; insisted upon it to have two words amended in the Que∣stion, 1. The word [Declare] would be construed to be a Decla∣ring against the General and Army: 2. The word [Consent] to be left out, lest it argued a disagreement in opinion and practice between the Army and the House, as if the Houses dissented from it. And certainly those Gentlemen that stood upon these nice∣ties, could not say, it was done with their consent, for it was hatched in the Junto; so it was barely voted, To be done without privity of the House, neverthelesse,

* 1.38The same day, they resolved to resume their last Saturdaies de∣bate upon the Kings Answers to the Propositions of both Hou∣ses: The first Question debated was, Whether they were satisfactory or no? The Army Party argued, They were not satisfactory because the King had not granted all their Propositions in Terminis: To this was Answered, That these Propositions were not sent to his Ma∣jestie as Bills to be passed in Terminis, without debate: but as Propo∣sitions to be Personally Treated upon, (as the Votes of both Houses, and the Instructions of their Gommissioners prove) now it is a∣gainst the nature of all Treaties Personall, to tie up the Parties of either side so precisely, that they shall have no liberty to vary in any circumstance or particular; so that if all be not precisely gran∣ted, the Condescentions shall not be satisfactory, though all just things are yeilded to; as appeares by all Treaties between Nation and Nation where their first demands are never fully granted, but alwaies qualified and limited, if not diminished, the rule being, Iniquum pitas ut justum feras; so in all Treaties between Enemies, Party and Party, see Mr. Pryn's said Speech, Decemb. 4. 1648. where to avoid cavils, he waves this equivocall Question, and propounds the Question anew in these termes, Whether the Kings finall Answers to the Propositions of both Houses in this Treaty, considered altogether, be not so full and satisfactory in themselves, that this House may, and ought accept of, and proceed upon them for the speedy setlement of a safe and wel-grounded Peace both in Church and Common-wealth, rather than reject them as unsatis∣factory, and so hazard the losse of all, and the perpetuating of our Wars and miseries? This he held in the Affirmative, with so many

strong and solid Reasons, Arguments, and Presidents both out of Divinity, Law, History, and policy; and with so cleare a confu∣tation of the opposite Arguments, that no man took up the Bucklers against 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 superfluous; or to make that short-lined by epitomizing it (such is the lazinesse of men to preferre Epitomies before Large works) which I desire should be long-lined, and passe through many hands: This Debate lasted until Tuesday morning, 5. Decemb. eight of the clock (the Inde∣pendents hopeing to tyre out and fright away the moderate men) and then it was Resolved upon the Question (notwithstanding the terrors and menaces of the Army) That the Answers of the King to the Proposition of both Houses, are a ground for the Houses to proceed upon, for the settlement of the peace of the Kingdome; It was carried affirmatively by 140 Voices, against 104. that this Question should be put, and the Question it selfe was carried cleerly Affirmative without dividing the House: presently after this House appointed a Committee of 6. Members to attend the General, to conferre with him and his Officers▪ and keep a good correspondency between the House and the Army; who had so much surly pride, and so little manners, as to give them leave to take a nap of three or four houres long (after their nights watch∣ing) before admittance, and at last dismissed them with this churlish Answer, That the way to correspond, was to comply with the Armies Remonstrance: The House adjourned until VVednesday following.

VVednesday, Decemb. 6. 1648.* 1.39 The Saints militant being en∣raged that the House had recovered so much courage and honesty as to Vote according to their Consciences, and neglect their wild Remonstrance and threatning Declaration, (after some private conference in the morning between Pride, Hewson and other Offi∣cers, and the Speaker in Westminster-hall with the dores shut (they sent to the House of Commons a Paper, requiring that the impea∣ched Members and M. G. Browne, (who they belied to have called in Hamilton) might be secured and brought to justice, and that the 90. and odde Members who refused to Vote against the late Scotish En∣gagement, and all that Voted for recalling the 4. Votes for Non-Ad∣dresses,

and Voted for a Treaty, and concurred in Yesterdaies Vote, [That the Kings concessions were a ground for the H••••se to proceed to a Setlement:] may be immediately suspend t••e H••u••e, and that all such faithfull Members who are inn••cent of 〈…〉〈…〉 s would by Protestation acquit themselves from any 〈◊〉〈◊〉 in them that they may be distinguished: This is ••o subv••••t the foundation of Parliaments, and appeale to the judgement of the many-headed multitude without doors, and put all into Tum••lts. You see what kind of Parliament the Kingdome hath had ever since the Army Rebelled and Refused to Disband: a ••eer ••ree-Schoole, where Crommel is Head-school-master, Ir••••n Us••e••, and (that cypher) Fairfax a Prepositer; surely these ••en are either the supreme Judges, or the supreme Rebels and Tyrants of the Kingdome: This Paper was delivered in, but they scorning to s••ay for an Answer, (by advice of their Independent Grandees of the Junto) upon Wednesday morning, Decemb. 6. 16••8. Sent two or three Regiments of Horse and Foot to W••stminster, set strong Guards at the Houses doors, the Lobby c••aires, and at every door leading towards the House, admitting none but Parliament men to enter Westminster-hall, where Col. Pride, Col. H••wson, and Hardres Wal∣ler (sometimes a Cavalier, then a violent Presbyterian, and now a tyrannical ••ndependent) violently seized upon divers Knights and Burgesses upon the ••arliament staires and elswhere going to the House, and forcibly carried them away Prisoners to the Queens Court without any warrant shewed, or cause assigned: and there set strict Guards upon them, Mr. Edward Stephens and Col. Birche being in the House of Commons were called forth by feigned Messages sent in by some 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 House sent the Sergeant of the ••ace to command the Imprisoned Members attendance: but the Guards would not let them come. A second time the Sergeant was sent with his Mace upon the same Errand, but Col. Pride in the Lobby would not let him passe: which contempt was entred in the Journall Book. Hereupon the House concluded not to proceed in businesse until their Mem∣bers were restored; and sent to the General about it: yet af∣terwards when the Officers had several dayes secured, secluded,

and frighted away more of the Members: and made the House a Conventicle of their own Complexion, then the House pre∣varicated and deserted their Members: About three of the Clock afternoon Hugh Peters with a Sword by his side, (but not the Sword of Saint Peter) came into the Queens Court to take a List of the Prisoners Names by order from the Generall (as he said) where being demanded by what Authority they were imprisoned? he answered, By the power of the Sword: Night being come, the Imprisoned Members (41. in number) were conveyed away to a Victualling-House called HELL, and there kept all Night with∣out Beds, or any fitting Accommodation, when it grew late some of them had offers made them to go upon their Parolls to their own Lodgings, and to appear the next morning at White-hall; but this was but a jugling trick to make them acknowledge the Lord Fairfax Authority, and become voluntary prisoners upon their own engagement•• and was therefore refused. The next morning being Thursday, the Imprisoned Members had warning given them to meet the General and his Councel of Warr at White-hall, whither they were guarded in Coaches, tyred out with watching and fasting: But the mechanick Councel took so much state upon them, that after six or seven 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. Prides Dray-horses, to the Swan and Kings-head, two Innes in the Strand, and there distributed under several Centinels: The Soul∣diers making a stand with them sometimes half an houre toge∣ther in the snow and raine, until they had put their Guards into a ma••ching posture; and reviling them,* 1.40 that they were the men that had cousened the State of their money, and kept back their Pay: Upon which scandalous provocation, some of them Answered; That it was the Committee of the Army, and their owne Officers that had cousened them: which some of the Foot-souldiers then acknowledged. Besides the 41. Imprisoned Members, the Offi∣cers standing several dayes with Lists of Names in their hands at the Parliament-door, have turned back from the House, and de∣nied entrance unto above 160. other Members, besides 40. or 50. Members, who voluntarily withdrew to avoid their violence, all

whom they know to be Losers by the VVarre, and therefore de∣sirous of a safe and wel-grounded peace; so that they have made warre against the majority of the House, (that is) against the whole House, for, major pars obtinet rationem totius, by all our Lawes and Customes, The major part of the House is virtually the whole House; which is Treason by their owne Declarations and Remonstrance farre higher than that whereof they accuse the King; and for which they demand Justice against Him: and the remaining faction of 40. or 50. engaged Members who now passe unpresidented Acts of Parliament of the House of Commons (as they call them (without the Lords, ought not to sit, Act, nor take upon them the stile of a House under so visible, actual, and horrid a force, both by the Lawes of the Land, and their owne Ordi∣nance, passed August 20. 1647, To null and void al•• Orders, Votes, and Acts passed under the Tumult of Apprentices, from July 26. to the 6. August following; and yet the said Tumult ended the said July 26. when it begun. See the said Ordinance herewith printed. The Army (who now acknowledge no power but that of the Sword (as Major White long since foretold at Putney) and whose prin∣ciple it is, To break the Powers of the Earth to pieces, as Will. Sedge∣wicke in his Justice upon the Army-Remonstrance, saith: And who (as Joh. Lilburne in his Plea for Common Right, p. 6. saith) have by these extraordinary proceedings overturned all the visible supreme Authori∣ty of this Nation, now suffer only their own party of 40. or 50. Members to sit, and do journey-work under them, who are Enemies to peace, and have got well by fishing in troubled waters, and hope to get better: so that hardly a seventh or eight part of the Counties, Cities, and Bur∣roughs that ought to have Members sitting, have any body to re∣present them, and therfore how they shall be bound by the Votes and Acts of this fagge end, this Rump of a Parliament with corrupt Maggots in it, I doe not see. Friday, Decemb. 8. a Message from the General was brought to Sir Robert Harlow that he might go home to his house, giving his engagement not to oppose the actings and proceedings of this present Parliament and Ar∣my: The like was offered to diverse others: you see hereby what the offence of these Imprisoned Members is, onely a feare that they will defend the fundamental Government, the Religion, Lawes, and Li∣berties of the Land, the Kings Person and Authority, & the being of Par¦liaments;

against the Tyrannicall and Treasonable practises of the Army and their House of Commons.

The small remnant of the House of Commons sent sundry times to the Generall to know why be Imprisoned their Members,* 1.41 and humbly to beseech him to set them at liberty if he had nothing a∣gainst them: But all this was but prevarication and false shews: for, 1. Their base and conditionall way of demanding their Li∣berty [if he had nothing against them] implies an acknowledge∣ment of the Generalls jurisdiction and conusance over them, and an invitation of him to accuse them. 2. Their sitting and acting under so brutish a force before their Members righted, or the honour of the House vindicated, is a deserting and yielding up of their Members & honour. 3. Their Voting an approbation of the matter of the Generall Officers scandalous and jugling An∣swer to their said Demands concerning the secured and secluded Members (as afterwards they did) without hearing what the said Members could say for themselves, is cleerly a fore-judging and b••traying them. 4. Their late Votes, That no man shall per∣use their Journall Book of Orders, &c. without speciall leave: is purposely done to barre the said Members who cannot make any perfect Answer in confutation of the Scandals cast upon them by the General Councels printed Libel against them, with∣out having recourse to the said Book, to see what Votes passed for I••eland for the 200000 l. and other matters. To say nothing how unusefull and unjust it is to keep the Records of the House from the view and knowledge of any man. & yet to expect their obe∣dience to them. 5. Their exceeding strict and severe prohibiting the printing any Books not Licenced, and imploying Souldiers to Search all Printing Houses daily, is done in order to barre the said accused Members from publishing an Answer in their justification. 6. Their Summoning Mr. Pryn by order to appear at the Commons Barre, knowing him to be still a Prisoner to the Army; shews, that the Army and they serve each others turns against them. 7. And Lastly, the Declaration of the present House of Commons, dated Jan. 15. 1648. is nothing but an eccho of the said answer of the Generall Councell, against the said secured and secluded Members. They that are so wickedly industrious to destroy these Gentlemens credits, do this as a

preparative to destroy their Persons, and seize upon their E∣states, for the maintenance of a new War, (which they foresee their violent courses will bring upon them) and for the farther inriching of themselves, and establishing their Tyranny, which they miscall, The Liberty of the People. This violent purge wrought so strongly upon the House, and brought it to that weakness, that ever since it is eleven or twelve of the clock be∣fore they can get forty Members together to make an House, of which number they sometimes fail: One time the Members would have had the Speaker go on upon businesses with a less number than forty, but he knowing all so done to be illegall and void, refused; and yet (to piece up the House) they permit Mr. Blagrave, Mr Frye, and Humphry Edwards to sit as Members, notwithstanding their Elections are Voted void by the Commit∣tee of Elections; and one day an Officer of the Army having ta∣ken some Members going to the House, and secured them in the Tobacco Room, under Guard: The Speaker not being able to muster enough to make a House, was fain to send to the said Officer, to lend him his said Prisoners to make up a Free Parlia∣ment: This disgrace put upon the Imprisoned Members is pur∣posely intended as an Invitation to all their Enemies to come in and accuse them; nay, it can be proved that means hath been used to suborn Witnesses against them: besides which, the Faction have made a strict Inquisition into their lives and conversations, and have hitherto met with nothing.

* 1.42Thus the House being throughly purged, the next day in comes the Dr. O. Cromwel out of the Country, bringing in un∣der his Protection that sanctified Member Henry Martin, who had spent much time in plundering the Country, had often baf∣fled the House, and disobeyed many of their Orders; sufficient to have made an honest man a Malignant liable to Sequestrati∣on: But great is the priviledge of the Saints. It fortuned that day the case of the secured Members was reported to the House, which Harry interrupting, desired them to take into consideration the deserts of the Lieutenant General; which with all slavish dili∣gence was presently done. And the Speaker moved, that to mor∣row might be a day of Humiliation to be kept in the House, to humble the Spirits of the Godly, much overleavened with the Scotish Victory.

That you may the better understand how farre they mean to be humbled, Hugh Peters the Pulpit-Buffon was one of their Chap∣lains, who in stead of delivering the Oracles of God, delivered the Oracles of the Councell of Warre to them, talking obscure∣ly of Accommodation and Moderation, and advising them to adjourn till Munday or Tuesday (I think) that the Army might cut out work for these Journey-men of theirs; and might work their wills upon the City in the mean time, when no House should be sitting for the Citizens to addresse their Complaints to; for in the interim they Garrisoned Black Fryars, and S. Pauls, reforming it, from the Church of God, to a Den of Thieves, Stable of Horses, and Brothell of Whores, and Robbed diverse Halls in London of vast sums of money by the prerogative royall of the Saints.

The 11. day of Decemb. 1648.* 1.43 the said secured Members pub∣lished a printed Paper, as followeth:

A solemn Protestation of the imprisoned and secluded Members of the Commons House: Against the horrid force and violence of the Officers and Souldiers of the Army, on Wednesday and Thursday last, the 6. and 7. of Decemb. 1648.

WE the Knights, Citizens, and Burgesses of the Commons House of Parliament, (above one hundred in number) for∣cibly seized upon, violently kept out of the House by the Officers and Souldiers of the Army under Thomas Lord Fairfax, coming thi∣ther to discharge our duties on Wednesday and Thursday last, being the 6. and 7. of this instant December; do hereby, in our Names, and in the Names if the respective Counties, Cities, and Burroughs for which we serve, and of all the Commons of England, solemnly protest and declare to the whole Kingdom, That this execrable force and open violence upon our Persons, and the whole House of Commons, by the Officers and Army under their command, in marching up a∣gainst their command, and placing strong armed Guards of Horse and Foot upon them, without and against their Order, is the highest and most detestable force and breach of Priviledge and Freedom ever offered to any Parliament of England; and that all Acts, Ordi∣nances, Votes and proceedings of the said House made since the 6. of

Decemb. aforesaid, or hereafter to be made during our restraint and forcille seclusion from the House, and the continuance of the Armies force upon it, are no way obligatorie, but void and null to all intents and purposes: And that all Contrivers of, Actors in, and Assistants to this unparallel'd force and treasonable armed violence, are open Enemies to, and professed Subverters of the Priviledges, Rights, and Freedom of Parliament, and Disturbers of the pace and settlement of the Kingdom; and ought to be proceeded against as such: and that all Members of Parliament, and Commoners of England, by their so∣lemn Covenant and dutie, under paine of deepest perjurie and eter∣nall infamie, are obliged unanimouslie to oppose and endeavour to their utmost power to bring them to exemplarie and condigne punish∣ment for this transcendent offence, tending to the dissolution of the pre∣sent, and subversion of all future Parliaments, and of the fundamen∣tall Government and Laws of this Realm.

All which we held it our duties to declare and publish to the world, for fear our stupid silence should give any tacit consent or approbation to this most detestable crime, and make us guiltie of betraying the Priviledg∣es, Freedom, and Honour of this Parliament, to our perpatuall reproach, and the prejudice of all succeeding Parliaments.

Dated at Westminster, Decemb. 11. 1648.

* 2.1The said solemn Protestation of the secured Members being complained of, was sufficiently barked at in the House of Com∣mons; and the Lords fell a barking at it too for company: and at last (that they might confute it with Authority instead of Rea∣son) both Houses passed this following declaration against it:

The Declaration of the Lords and Commons: A∣gainst the first Declaration of the secured and secluded Mem∣bers.

THe Lords and Commons assembled in Parliament, taking into their consideration a printed Paper, entituled [A solemn Pro∣testation of the Imprisoned and secluded Members, &c.] wherein amongst other things, it is Declared, That all Acts, Ordinances, Votes, and proceedings of the House of Commons, made since the 6. of this instant Decemb. or hereafter to be made during their

restraint and forcible seclusion from the House,* 3.1 and the con∣tinuance of the Armies force upon it, are no way obligatory, but void and null to all intents and purposes: The said Lords and Commons do thereupon judge and declare, the said printed Paper to be false, scandalous, and seditious, and tending to destroy the visible and fundamental Government of this Kingdome: And do therefore or∣der and ordain the said printed Paper to be suppressed, and that all persons whatsoever that have had any hand in, or given consent unto the contriving, framing, printing or publishing thereof, shall be ad¦judged, and hereby are adjudged uncapable to bear any Office, or have any place of trust or authoritie in this Kingdome, or to sit as Mem∣bers of either House of Parliament. And do further order and or∣dain, That every Member of either House respectively now absent, upon his first coming to sit in that House whereof he is a Member, for the manifestation of his innocencie, shall disavow and disclaim his having anie hand in, or given consent unto the contriving, fra∣ming, printing or publishing of the said paper, or the matter therein contained.

The 12. and 13. Decem••er,* 3.2 the Commons (that they might purge their Journal Books of all State-Heresies, as well as their House of all State-Hereticks) voted this Index expurgatorius, which in their own canting language I here present to you.

1. Resolved &c. That the Vote of this House, Jan. 3. 1647. for revoking the Order, Sept. 9. 1647. for suspending Commissary Lion••l Copley from being a Member of this House; is of dangerous consequence, and tending to the destruction of the justice and peace of the Kingdom, and is hereby repealed. The like for the rest of the Im∣peached Members, mutatis mutandis.

2. Resolved, &c. That the Vote of the House, June 30. 1648. whereby this House did concur with the Lords (for opening of a way to the Treaty with His Majesty for a safe and well-grounded Peace) That the Votes. Jan. 3. 1647. forbidding all Addresses to be

made to, or from the King, be taken off; was highly dishonourable to the proceedings of Parliament, and apparently destructive to the good of the kingdom, (sure they meant the kingdom of the Saints.) They likewise by four several Votes, revived the said 4. Votes, Jan. 3. for no Addresses, in terminis.

3. Resolved, &c. That the Vote, Iuly 28. 1648. That a Treaty be bad in the Isle of Wight with the King in person by a Committee appointed by both Houses, upon the Propositions presented to him at Hampton-Court; was highly dishonourable, and apparently destructive to the good of the kingdome.* 3.3 Good Boyes, they can say their Les∣sons well, and apace too, when the Army whips them on; they will shortly have a jubilee of play-days for their pains, 40 or 50 new Lights snuffed by the Councel of War, can better dis∣cover what is dishonourable, and apparently destructive 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 sinners: being all Birds of a feather, taught the same tune by the same Masters, and singing in the same cage.

* 3.4Yet the unanimous recalling those Votes was not thought (by those that think one thing and say another) a sufficient Test all were confidently for them, that voted with them; wherefore godly John Gourdon (a Fellow that spits venome as naturally as a Toad) moved, That a Protestation might suddenly be drawn up, and every Member to set his hand to it, in detestation of those repealed Votes. A Committee was appointed accordingly. The 14 Decemb. the said new-found Shiboleth was brought in by Gourdon, which cau∣sed divers that were not yet mad enough for Bedlam to forbear the House, or rather Conventicle.

Decemb. 14. They repealed the Ordinance lately passed (after mature debate) for setling the Countie-Militias of the Kingdome,* 3.5 be∣cause there were some Presbyterians in it not well-affected to the Army; and in that new sense, Malignants: And ordered, that a new Ordinance, with a List of new Names, of Saints Militant (sound∣ing like a Jewish pedigree) be brought in; for (through the indiscre∣tion of the Presbyterians) the Independents have had the custody of our Purses a long time, and now must keep our Swords too, and then, Stand and deliver, will be the only Law of the Land.

About this time Major General Brown, one of the Sheriffs of London, was fetched out of the City by a Party of Horse,* 3.6 and car∣ried before the mechanick Councel of War at Whitehall, (al∣though a Member of Parliam••nt, and consequently one of their Masters) where he told them, He knew they had nothing to charge him withall, but his honest endeavours to preserve His Majesty, and His Posterity, together with the Parliament, City, and Kingdome, with the Laws and Government thereof from being rooted up by them, and that he feared them not. Col. Hewson (the one-eyed Cobler) was so saw••y as to tell him, He was too peremptory; at last they committed him Prisoner to S. James's.

And that he might not want company,* 3.7 they sent a Warrant to Capt. Lawrence Marshal General, to remove Sir Will. Waller, Sir John Clotworthy, Major Gen. Massey, and Commissary Ge∣neral Copley from the Kings Head to him.

The Marshal shewing them the Warrant,* 3.8 they protested a∣gainst the Authority, and offered the Protest to the Marshal in writing, desiring him to shew it to the General; which he re∣fusing to receive, Sir Will. Waller desired all the company to wit∣ness what Protestation they did make in behalf of themselves, and all the Free-born people of England, against the violent and illegal encroachments of the General and Councel of War, a∣gainst the Laws and Liberties, and read it aloud, as followeth:

A Declaration of the taking away of Sir Will. Waller, Sir John Clotworthy, Major Gen: Massey, and Colonel Copley, Members of the House of Commons, from the Kings Head in the Strand to S. James's: Together with their Protestati∣on read at their removal: With a Copie of the L. Generals Order for the same. Tuesday, Decemb. 12. 1648.

Marshal Laurence came and acquainted Sir William Waller, Sir John Clotworthy, Maj. Gen. Massey, and M. Lionel Copley, Members of the House of Commons, That he had Orders from the Lord General and Councel of the Army, to remove them from the other Prisoners to S. James's: They replied to him, That they desired to see his Orders: The Marshal answered, They were onely verbal; but the Gentlemen insisting to see a Warrant for their

remove; the Marshal went to the General, and from him about six a clock brought an Order; a true Copie of which follows, Viz.

YOu are upon sight hereof, to remove Sir Will. Waller, Sir John Clotworthy, Major General Massey, and Colonel Copley, from the Kings Head Inne (where they are now in Custody) to S. James's: And for so doing, this shall be your Warrant.

Given under my hand, Decemb. 12. 1648.

T. Fairfax.

To Marshal General Lawrence.

This Order being shewed unto the foresaid Gentlemen, Sir Will. Waller produced a Paper, desiring that the same might be presented to the General; which Marshal Lawrence refused to receive: Upon which, the said Sir William Waller, and the other three Gentlemen, desired the said Marshal and all the Gentle∣men there present, to attend and witness to that Protestation, which they did there make in behalf of themselves, and all the Commons and Free-born Subjects of England, so with a distinct and audible voice read their Protestation, as followeth:

VVE whose Names are hereunto subscribed, being Members of the House of Commons, and Freemen of England, do hereby declare and protest before God, Angels, and Men, That the General and Officers of the Armie, being raised by the Authoritie of Parliament, and for defence and maintenance of the priviledges thereof, have not, or ought to have any power or jurisdiction to appre∣hend, secure, detein, imprison, or remove our persons from place to place by any colour or Authoritie whatsoever; nor yet to question or try us, or any of us by Martial Law, or otherwise, for any offence or crime whatsoever, which can or shall be objected against us: And that the present Imprisonment and removal of our persons is a high violation of the Rights and Priviledges of Parliament, and of the

Fundamental Laws of the Land, and a higher usurpation and exercise of an Arbitrary and unlawfull power, then hath been heretofore preten∣ded to, or attempted by this or any King or other power whatsoever within this Realme; notwithstanding which, We and every of us do De∣clare our readinesse to submit our selves to the Legall triall of a Free Parliament, for any crime or misdemeanour that can, or shall be ob∣jected against us.

At the Kings-head in the Strand. In witnesse whereof, we have hereto subscribed our Names the 12. of December, 1648.

• William Waller,
• Edward Massey,
• John Clotworthy,
• Lionell Copley.

About this time, Mr. Pelham, Mr. Lane, Mr. Vaughan,* 5.1 Sir Simon Dewes, (Members secured) were set at liberty without any engage∣ment, although at first it was demanded they should engage not to attempt any thing against the present actings of this Parliament and Army; which they refused.

About Decemb. 11. 1648.* 5.2 was delivered into the world a mon∣strous Beggers Brat, called [The Agreement of the People.] It is very judiciously Answered by Mr. William Ashurst; all the Contents thereof is in the Remonstrance of the Army. 20. Nov. 1648. wherof I have spoken already.

1. It proposeth, That the People (that is, some small part of the People, the Army and their faction) without any colour of Law or Right should agree together to take away finally the present Government by King, Lords, and Commons, which the Kings Party heretofore charged upon the Parliament as their Designe for which they fought, whereupon, the Parliament to vindicate themselves, published many Declarations, and passed sundry Votes, That they would not alter the Government by King, Lords, and Commons; it also takes away the legall right from Burroughs to chuse members of Parliament; this admitted, they may as well conspire to take away any Law, or any mans Life or Estate, by which rule we could enjoy nothing but as the will of any number of men that shall call themselves The People. And up∣on the same ground that those that shall subscribe this Agree∣ment

may call themselves the People, may those that shall refuse to subscribe call themselves the People, and upon far better grounds, as being farre the more numerous, and standing for defence of those ancient Lawes, which do constitute the People and Common-wealth of England, which will breed infinite confu∣sions and divisions: and what those that call themselves the People now agree to, they may alter upon the next change of humour or interest.

2. The inconveniences of the present Government have not yet been plainly discovered, nor no Trial hath been made by the present knowne legal power of England; whether those in∣conveniences may not be removed without subverting the pre∣sent Government, and introducing so totall a change as will be very dangerous and grievous to all sorts and conditions of men.

3. In the Protestation, May 5. 1641. and the Cove∣nant, Septemb. 27. 1643. we are bound to defend Parlia∣ments, and to oppose and bring to punishment all such as shall endeavour the subversion of Parliaments, which this Agreement cleerly doth.

4. This Agreement encroacheth desperately upon the liberty of the People of England, in the Election of this Representative; depriving them that have constantly adhered to this Parliament as wel as the Kings Party (if they cannot in conscience subscribe it) from Electing, or being Elected; yet they shall have Laws and Taxes imposed upon them by Subscribers, who are the least, and the least considerable party of the Kingdome, and upon whom they conferre no trust; which is to disfranchise the Nonsubscri∣bers, and reduce them to the condition of Conquered Slaves. It is a knowne Maxime in Law, Quod omnes tangit, ab omnibus tractae∣ni debet, what concernes all men must be debated and agreed to by all men, either personally or representatively.

5. It will raise factions and feuds between the Subscribers and Non-subscribers of the Parliament party.

6. It takes away Magistracy and Government, not onely by placing such a Supreme power over them as is disputable; nay, apparently illegal: But by making the heady multitude (the People) supreme Judges over the said Representative: for although it inflicts the penalty of death upon the Resisters of their Orders;

yet is with this salvo, except such Representative shall expresly violate this Agreement, which makes every man or number of men that shall get power into their hands Judges of it; nor is there any other Judge designed: and (if there were) who shall judge that Judge? & sic in infinitum, the legal supreme Trust of all pub∣lique interests being taken away, our vagabond thoughts wander in a circle, not knowing where to repose our trust, all Judges, all Councels may erre, but the rascal multitude are the very sinke of errors and corruptions. If therefore the Supreme, the Re∣presentative have so unstable an authority, what shall the subordi∣nate Magistrate acting under them have?

7. It smels so much of the Jesuite, that it tolerateth Popery in private Houses; contrary to the knowne Lawes of the Land: Po∣pery (like the old Serpent) if it once get in the head, will soon insinuate the whole body, being so well backed by Potent Princes and Councels from beyond Sea. And truly I know not what to say against Popery, where Heresie, Schisme, Atheisme, and Blas∣phemie are openly tolerated, and exempted from the power of the civil Magistrate, as in this Agreement.

8. It will lose Ireland; the managing of the Warre there be∣ing legally in this Parliament by Act passed, not in this newfang∣led Representative.

9. It divides us from Scotland.

10. It destroyes the Cause for which the Parliament so often Declared, Voted, Protested and Covenanted that they fought, viz. Defence of Parliaments, Religion, Lawes and Liberties, and be∣stowes the Cause upon the King, as if He only (from the beginning) had fought for them: which all men have reason to believe, when they shall see the Parliament make such ill use of their Victory, as to root them all up. And this and all other Parliament-Armies were Commissioned to preserve this Parliament; by this Authority they have their Pay and Indemnity, without which they are Thieves, Rebels, and Murderers.

11. It demands, that there be no Lawyers nor Lawes, but new Rules in English to be made from time to time by the new Re∣presentative, who are to be chosen and trusted onely by a small faction of Subscribers, (as hath been said) according to which justice shall be administred, not by Mayors, Sheriffs, Justices of

the peace, Officers alwaies ready, but by hundred Courts, who are to supply the roome of all the Judges and Lawyers of the Kingdome: and all this to lie in the brests of 12. Men in every Hundred (of the Tribe of the Godly be sure) who peradventure can neither write nor read, nor have responsible Estates to satis∣fie wrongs done: these shall doe justice by providence and reve∣lation,

12. It destroyeth all great and publique Interests (and there∣fore cannot stand) Kings, Lords, Souldiers, Magistrates, Parlia∣ments, Lawyers, Ministers, who will oppose it, because it con∣founds and destroyes Religion, and depriveth the Ministery of its lot, Tythes: stopping their mouthes with famine, purposely to cast them off: and generally all men of quality and discretion will withstand it; because it gives no security for enjoyment of liberty and property, nor for increase of learning, civility, and piety; who then are left to owne and subscribe it but desperate forlorne Persons, who, because they cannot bring their actions under the protection of our present Laws and Government, will bring the Laws and Government to their own corrupt wills and interests, and therefore will signe this Agreement: no obedience being given to this Representative, but upon condition (that they kept this Agreement) and their being no other Judges of their keeping it but the Subscribers; who in the result of all, hath the Law in their owne Wills.

* 5.3This Agreement of the People is the same which was subscribed by 9. Regiments of Horse, and 7. of Foot, and presented with a Petition to the House of Commons, Novemb. 5. 1647, by the Agitators, Gifforde the Jesuite being then in the Lobby with them, and very active therein. Upon reading and debate hereof the House then declared their judgements against it, by passing these Votes:

Die Martis, 9. Nov. 1647.

A Paper directed to the Supreme Authority of the Nation the Commons in Parliament assembled, The just and earnest Petition of those whose Names are subscribed, in behalfe of themselves and all the Free-borne people of England: Together with a Paper annexed, intituled, An Agreement of the people for present and future peace, upon grounds of Common Right, avowed. How these Papers come

now to be owned, those that oppose them violenrly secured by the Army, by the connivance (at least) of the dregs of the House now sitting, let the Saints now voting in the House examine their pockets, for (I am confident) their consciences had no hand in the businesse.

Resolved, &c. That the matters contained in these Papers, are de∣structive to the beings of Parliaments, and to the fundamental Go∣vernment of the Kingdome.

Resolved, &c. That a Letter should be sent to the General, and those Papers inclosed; together with the Vote of this House upon them: and that he be desired to examine the proceedings of this businesse in the Army, and returne an Account thereof to this House.

The General and Councel of Warre in pursuance of this Vote,* 6.1 condemned one of the Agitators who promoted it, and shot him to death at Ware (you see what it is to do a thing unseasona∣bly, this Designe of the Army and their Party was not yet ripe) wherewith they acquainted the House; yet they kept in the same fire in the City still, where some of their Confederates, 23. of the same Novem. sent the same Agreement, &c. inclosed in a Letter, with a Petition into the House of Commons: whereupon the House (giving thanks to the General for the execution done at Ware, and desiring him to examine that businesse to the bottome) unanimously passed these Votes:

Die Martis, 23. Nov. 1647.

A Petition directed to the Supreme Authority of England,* 7.1 the Commons in Parliament assembled, and entituled, The humble Petiti∣on of many Free-borne People of England, sent in a Letter directed to Mr. Speaker, and opened by a Committee thereunto appointed, was read the first and second time.

Resolved, &c. That this Petition is a seditious and contemptuous avowing and prosecution of a former Petition and Paper annexed, stiled, An Agreement of the People, formerly adjudged by this House to be destructive to the being of Parliaments, and fundamentall Govern∣ment of the Kingdome, &c.

Resolved, &c. That Tho. Prince, Cheese-monger, and Sam. Chid∣ley, be forthwith committed Prisoners to the Prison of the Gate-house, there to remaine Prisoners during the pleasure of this House, for a seditious and contemptuous avowing and prosecution of a former

Petition and Paper annexed, stiled, An Agreement of the People, for∣merly adjudged by this House destructive to the being of Parliaments, and fundamental Government of the Kingdome.

Resolved, &c. That Jeremy Ives, Tho. Taylor, and Will. Lar∣ner, be forthwith committed Prisoners to the Prison at New-gate, &c. as last aforesaid, in Terminis.

Afterwards by an Ordinance, Decemb. 17. 1647. for Electing Common-Councel-men, and other Officers in London, they expresly ordained, That no Person who hath contrived, abetted, perswaded, or entred into that engagement, entituled, [The Agreement of the People,] declared to be destructive to the being of Parliaments, and fundamental Government of the Kingdome; be elected, chosen, or put into the Office of the Lord Major of the City of London, Sheriffe, Alderman, Deputy of a Ward, or Common-Councel-man of the said City, or shall have any voice in the election of any such Officers, for the space of one whole yeare; and be uncapable of any of the said Pla∣ces: yet now these petty Fellowes keep the whole City in awe.

* 7.2These multiplied Votes and Ordinance, laid this Agreement of the People asleep until the beginning of November, 1648. when (to hinder the peace of this Kingdome, and reliefe of Ireland) the Jesuits and Agitators prosecuted it againe in the Army, and inserted it againe verbatim in the Remonstrance of the Army, No∣vemb. 20. 1648. to break off the Treaty with the King, bring him to capitall punishment, and cast the odium of all upon the Parliament: And the General and his Councel of Officers (though they had formerly shot a Souldier to death for prosecuting it) una∣nimously approved it at Saint Albons, November 16. 1648. and obtruded it upon the House the 20. Novemb. and when they found the House so resolute in the Treaty as to proceed, they first seized the Person of the King, and carried Him to Hurst-Castle, as aforesaid; and when the House at last closed up the Treaty with this Vote, That the Kings Answers to the Propositions of both Houses were a ground for the Houses to proceed upon towards a settlement:* 7.3 They seized upon 41. Members of Parliament, se∣cured them, and villanously treated them; secluded above 160. and frighted away at least 40. or 50. more, leaving onely their owne Somerset-house Junto of 40. or. 50. thriving Members sit∣ting

to unvote in a thin House under a force, what had been voted in a full and free House; To vote down the Kingly Of∣fice and House of Peers, to vote the Supreme Authority to be in the People, and in the House of Commons as their Representa∣tive, clean contrary to their three last recited Votes. To bring the King to capital punishment, before a new invented, illegal, mixed Court, (consisting of engaged persons) erected for that purpose, that hath neither foundation by Prescription nor Law, and to erect a 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 dissolution of this Parllament. So fare∣wel Kings, Lords and Commons, Religion, Laws and Liberties, and all Votes, Declarations, Remonstrances, Protestation and Co∣venant, made heretofore onely to gull the People, and carry on their designe.

About 19. Decemb.* 7.4 divers Lords went to do homage to the General, to expresse their good affections to him, and their con∣currence with him for the Common good, and their readinesse to wave their priviledges and Titles if they shall be found burden∣some to the liberty of the People, and had a gracious nod for their paines.

About this time the Lords and Commons passed an Ordinance for electing Common-Councel-men and Officers in London for the yeare following, to this effect,* 7.5 That no Person that hath been impri∣soned or sequestred (rightfully or wrongfully) or hath assisted the King against the Parliament in the first or second Warre, or hath been aiding or assisting in bringing in the Scots Army to invade this Kingdome, or did subscribe or abett the treasonable Engagement, 1647. or that did ayde, assist, or abett the late Tumult within the Cities of London and Westminster, or the Counties of Kent, Essex, Middlesex, or Surrey, shall be elected, chosen, or put into the Office or Place of Lord Mayor of London, Alderman, Aldermans Deputy, Common-Councel-man, or into any office or place of trust within the City, for the yeare ensuing, or be capable to give his voice for chusing any Person to any the Offices aforesaid; And that if any Persons com∣prehend under the aforesaid exceptions being chosen, shall presume to sit in the Court of Aldermen, Common-Councel, or execute any of

the aforesaid Offices, he shall forfeit 200. And all such Elections to be null and void, the Lord Mayor to take order that this Ordinance be read at all Elections, and punctually observed: and also to afford the liberty of the Pole, it being required by any of the Electors present. But this Ordinance not giving full satisfaction to the Zealots, Skippon stood up,* 7.6 and looking as demurely as if he meant to say Grace, he told the House, That the late Ordinance was not sufficient to keep Malignants out of Office in London, for Mr. Speaker (said he) It is not enough to exclude Delinquents, or the Abettors of the late Insurrections, &c. for there are a more dangerous sort of men a∣mongst them: They which promoted the Treaty, and endeavoured to have the King brought to London, except these be made incapable of Authority, it will be a great discouragement to the Godly party of the City. So an additionall Ordinance to this end was ordered to be brought in; you fee to endeavour peace and settlement, is accoun∣ted by these Saints militant a sufficient crime to forfeit a mans Birth-right.

* 7.7I formerly told you of John Gourdons motion, That all Members might subscribe a Protestation against the Votes for a Treaty with the King in the Isle of Wight, and especially against the Vote, 5. Decemb. 1648. which declareth, That His Majesties Answers to the Proposi∣tions of both Houses were a ground for the two Houses to procceed to a setlement: and until such dissent or disapprovall to forbeare the House: This was done in obedience to the demands of the Army in their Remonstrance presented 20. Novemb. 1648.* 7.8 And although it be so clearly against the Orders and Priviledges of Parliament, that divers members formerly (and some this Parliament) have bin suspended the House, and committed to the Tower for offering it, because it tends to breed factions and divisions in the House, and Tumults without doors; yet every request from an Armed man is a Command and must be obeyed.

The List of the Names of these new Protestants followeth, and (it is hoped) they will in time give better Reasons then (the power of the Sword) for it, 20. December 1648. subscribed, The Lord Lysle, Col. Boswel, Io. Gourdon, Lord Gray, Peregrine Pelham, Col. Jones, Col. Temple, Col. Ven, Sir Tho. Malevourer, Sir Tho∣mas Wrothe, Sir Jo. Bourcher, Col. Peter Temple, Humphry Edwards, (who waited on the King to the House when he demanded the

5. Members, and his Election is adjudged void by a Committee) Mr. Tho. Chaloner, Sir Gregory Norton, (who gave a man 20 l. to wait on the King in his place as Pensioner when He demanded the 5. Members) Michael Oldsworth, Augustine Garland, Sir Jo. Danvers, Mr. Dove, Mr. Henry Smith, Mr. Frye, (whose Election is voted void) Mr. Searle, Nich. Love, John Lysle, Coll. Rigby, Cornelius Holland, Coll. Ludlow, Greg. Clement, Coll. Purefoy, Coll. Stapeley, Mr. Dunch, Mr. Cawley, Coll. Downes, Jo. Carey, Jo. Blackiston, Tho. Scot, Decemb. 22. Coll. Hutchinson, Sir Hen. Mildnay, Sir James Harrington, Decemb. 25. Col. Edward Har∣vey, Alderman Pennington, Alderman Atkins, Dan. Blagrave (vo∣ted out of the House) Coll. Moore, Coll Millington, Mr. Prideaux, Roger Hill the little Lawyer, Dennis Bond, Coll. Harrington, Master Hodges, Master Valentine.

Sixteen of the imprisoned Members were about this time sent for by the General; when they came, out came Ireton,* 7.9 and finding Mr. Pryn amongst them, he chid the Martial for bringing him, and commanded him to be taken away; but Mr. Pryn refusing to depart, Ireton commanded him to be thrust out by head and shoulders: whereupon Mr. Pryn openly protest∣ed, That the Army endeavoured utterly to subvert 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 punishment as Rebels and Traitours to their God, their King, Country and Par∣liament. So Mr. Pryn was removed by the Martial, and Ireton went in once more to consult the Oracle, and at last came out again to the Gent: telling them, It was the Generals pleasure they should be all released, attempting nothing against the actings of this present Parliament and Army, but (said the insolent fellow) let that be at your peril: so the Gentlemen expressing that they would give no engagement, were released without any.

The 22. Decemb. both Juntoes of foure Lords,* 7.10 and twenty Commons, kept a mock-fast at Saint Margarets, Westminster; where Hugh Peters the Pulpit-Buffon, acted a Sermon before them; the subject of his Sermon was, Moses leading the Israelites out of Egypt, which he applied to the Leaders of this Army,

whose designe is to lead the people out of Aegyptian bondage: But how must this be done? that is not yet revealed unto me (quoth Hugh) and then covering his eyes with his hands, and laying downe his head on the cushion, untill the People falling into a laughter, awakened him: He started up, and cryed out, Now I have it by Revelation, now I shall tell you; This Army must root up Monarchy, not only here, but in France and other Kingdoms round about; this is to bring you out of Aegypt: this Army is that corner stone cut cut of the Mountaine, which must dash the powers of the earth to pieces. But it is objected, The way we walk, in is without president; what think you of the Virgin Mary? was there ever any president before, that a Woman should conceive a Child without the company of a Man? this is an Age to make examples and presi∣dents in.* 7.11

Decemb. 25. The Councel of VVar voted a Tolleration of all Religions: you see they vote like States-men, as well as their Par∣liament.

* 7.12About this time, a Committee of Common-Councel-men came complainning to the House of Skippons additionall Ordi∣nance, That none should Elect, or be Elected, or execute the place of Lord Mayor, Alderman, Aldermans Deputy, Common-Councel-man, &c. that had signed the Petition for a Personall Treaty, &c. because they found the City generally ingaged in the said Peti∣tion: so 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 worse than the disease, as it proved afterwards. You see the petitioning for a Personall Treaty was so universall and publique that it could not be carried on by any private designe in Conventicles and corners; as are all the bloudy Petitions for justice, justice against capital Delinquents, and the most High, which being penned and solicited by the Army, or sectary Committee-men,* 7.13 and subscribed and prosecuted by some few beggerly Schis∣maticks without Cloaks in the Names of whole Counties, (whom they had the impudence to belie) were entertained in state; and they, and that wel-affected County (though they abhorred the villany) thanked for their paines.

* 25. Decemb. The House voted a Letter to be sent by way of encouragement to the County of Somerset; to go on with setling

their association with the wel-affected, and forces of the Counties adjacent; this is to associate and Arme all the Schismaticks, Com∣mittee-men, guilty and desperate Persons, Antimonarchists, and Anarchists, against all the peaceable and honest men of the King∣dome.

26. Decemb. Mr. Pryn sent a Letter to the General,* 7.14 demanding his liberty; and seconded it with a Declaration, as followeth:

Mr. Pryn's Demand of his Liberty to the Generall, Decemb. 26. 1648. with his Answer thereto. And his Decla∣ration and Protestation thereupon.

For the Honourable Lord Fairfax, Generall of the present Army.

THese are to acquaint your Lordship,* 8.1 That I being a Member of the Commons House of Parliament, a Free-man of England, a great Sufferer for, and an Assertor of the Subjects Liberties against all Regal and Prelatical tyranny, and no way subject to your owne, your Councel of Warrs, or Officers military power or jurisdiction, going to the House to discharge my duty on the 6, of this instant De∣cember, was on the staires next the Commons House door, forcibly kept back, entring the House, seized on, and carried away thence, (without any pretext of Lawfull Authority therto assigned) by Co∣lonel Pride, and other Officers and Souldiers of the Army under your Command. And notwithstanding the Houses demand of my enlarge∣ment both by their Sergeant and otherwise; ever since unjustly de∣tained under your Marshals custody, and tossed 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 against all violation. And therefore do hereby demand from your Lordship my present enlargement, and just liberty, with your Answer hereunto.

From the Kings-head in the Strand, Decemb. 26. 1648.

William Pryn.

This was delivered to the Generals own hands at his House in Queen-street, about three of the clock, the same day it beares

date; by Doctor Bastwijcke: VVho returned this Answer by him, upon the reading therof:

THat he knew not but Mr. Pryn was already released, and that he would send to his Officers to know what they had against him.

VVho it seems act all things without his privity, and steer all the Armies present counsels and designes according to their abso∣lute wills.

The Publique Declaration and Protestation of Wil∣liam Pryn of Lincolnes Inne, Esquire; Against his present Re∣straint, and the present destructive Councels, and Jesuiticall proceedings of the Generall, Officers, and Army.

I VVilliam Pryn, a Member of the House of Commons, and Free∣man of England, who have formerly suffer'd 8. years Imprisonment (four of them close, three in exile) three Pillories, the losse of my Ears, Calling, Estate, for the vindicating of the Subjects just Rights and Liberties against the arbitrary tyranny & injustice of King and Prelats, and defence of the Protestant Religion here established; spent most of my strength and studies in asserting the Peoples just freedom, and the power and priviledges of Parliament, against all Opposers, and never received one farthing (by way of damages, gift, or re∣compence) or the smallest benefit or preferment whatsoever, for all my sufferings and publicke services; Do here solemnly declare before the most just and righteous God of Heaven and Earth (the Searcher of all hearts) the whole Kingdome, English Nation, and the World, that having according to the best of my skill and judgment faithfully discharged my trust and duty in the Commons House, upon real grounds of Religion, Conscience, Justice, Law, prudence and right reason, for the speedy and effectual setlement of the peace and safety of our three distracted, bleeding, dying Kingdoms, on Monday, Dec. 4. I was on Wednesday morning following (the 6 of this instant) going to the House to discharoe my duty, on the Parliament staires next the Commons door, forcibly seized upon by Col. Pride, Sir Hardress VVal∣ler, and other Officers of the Army (who had then beset the House with strong Guards, and whole Reg: of Horse and Foote) haled violent∣ly thence into Queens Court, notwithstanding my Protestation of

breach of priviledge, both as a Member and a Freeman, by a meere usurped tyrannicall power, without any lawfull Authority, or cause assigned; and there forceibly detained Prisoner (with other Members there restrained by them) notwithstanding the Houses double demand of my present enlargement to attend its service by the Sergeant, and that night (contrary to faith and promise) carried Prisoner to Hell, and there shut up all night, (with 40. other Members) without any lodging or any other accommodations, contrary to the known Privi∣ledges of Parl. the fundamental Laws of the Realm, and Liberty of the subject; which both Houses, the 3. Kingdoms, the General with all Officers and Soldiers of the Army, are by solemn Covenant and duty obliged inviolably to maintain. Since which I have, without any lawful power or authority bin removed and kept prisoner in several places, put to great expences, debar'd the liberty of my person, calling; & denied that hereditary freedom which belongs to me of right, both as a Freeman, a Member, an eminent sufferer for the publick, and a Christian, by these who have not the least shadow of authority or ju∣stice to restrain me, and never yet objected the least cause for this my unjust restraint.

I do therfore hereby publickly protest against all these their procee∣dings, as the highest usurpation of an arbitrary and tyrannical pow∣er, the greatest breach of faith, trust, Covenant, priviledges of Parl. and most dangerous encroachment on the Subjects liberties and Laws of the Land, ever practised in this Kingdome by any King or Tyrant, especially by pretended Saints, who hold forth nothing but justice, righteousnesse, liberty of conscience, and publick freedom in all their Remonstrances; whils they are triumphantly trampling them all un∣der their armed iron feet. And do further herby appeal to, & summon them, before all the Tribunals and powers in heaven and earth for ex∣emplary justice against them, who cry out so much for it against others less tyrannical, oppressive, unjust, and fedifragus to God and men than themselves. And do moreover remonstrat, that all their present exor∣bitant actings against the King Parl. present Government, and their new modled representative, are nothing else but the designs & projects of Jesuits, Popish Priests and Recusants; (who bear chief sway in their Councels (to destroy and subvert our Religion, Laws, Liberties, Go∣vernment, Magistracy, Ministry, the present and all future Parl. the King, his Posterity, and our 3. Kingdoms, yea, the Generall, Officers,

and Army themselves, and that with speedy and inevitable certaint••; to betray them all to our forreign Popish Enemies; and give a just occasion to the Prince and Duke, now in the Papists power, to alter their Religion, and engage them, and all forreign Princes and Estates to exert all their power to suppresse and extirpate the Protestant Re∣ligion and Professors of it through all the world, which these unchri∣stian, scandalous, treacherous, rebellious, tyrannicall, Jesuitical, dis∣loyall, bloudy present Councels and exorbitances of this Army of Saints, so much pretending to piety and justice, have so deeply woun∣ded, scandalized, and rendred detestable to all pious, carnall & morall men of all conditions. All which I am, and shall alwaies be ready to make good before God, Angels, Men, and our whole three Kingdoms in a free and full Parliament, upon all just occasions? and seale the truth of it with the last drop of my dearest bloud.

In witnesse whereof, I have hereunto subscribed my Name: at the Signe of the Kings-head in the Strand, Decemb. 26. 1648.

William Pryn.

* 9.127. Decemb. The Councel of VVarr (who manage the busi∣nesse in relation to the King, saith the Diurnal,) ordered, That all state and ceremony should be forborne to the King, and his Attendants lessened, to mortifie him by degrees, and work Him to their de∣sires.

VVhen it was first moved in the House of Commons to pro∣ceed capitally against the King;* 9.2 Cromwell stood up and told them, That if any man moved this up••n d••signe, he should think him the greatest Traytour in the world; but since providence and necessity had cast them upon it, he should pray God to blesse their Councels, though he were not provided on the suddaine to give them counsel: this blessing of his proved a curse to the King.

* 9.328. Decemb. was brought into and read in the House an Ordi∣nance, explaining the former Ordinance for electing Common-Councel-men, which confirmed the former Ordinance. It was referred back againe to the said Committee to consider of ta∣king away the illegal (as they please to miscall them) Oaths of Allegiance, Supremacy, and other Oaths usually administred to Officers, Free-men, &c. of the City.

The 28. Decemb. Tho. Scot brought in the Ordinance for Trial of the King, it was read and recommitted three severall times,* 9.4 and the Commissioners Names inserted consisting of diverse Lords, Commons, Aldermen, Citizens, Country Gentlemen, and Souldiers, (that the more persons of all sorts might be engaged in so damnable and treasonable a designe) and because this Ordi∣nance, and the proceedings thereupon had no foundation in Di∣vinity, Law, reason, nor practice: The Commons to give it a foundation and ground from the authority of their Votes, decla∣red as followeth.

Resolved, &c.* 9.5 That the Lords and Commons assembled in Par∣liament, doe declare and adjudge, That by the fundamental Laws of the Realme, it is Treason in the King of England for the time to come to levie War against the Parliament, and Kingdom of England.

So together with this declaratory Vote the said Ordinance was carried up to the Lords by that Renegado Lord Gray of Grooby, Jan. 2. 1648.* 9.6 The Lords met that day farre more than or∣dinary, 16. in number, and promising to send an Answer by Mes∣sengers of their owne.

The first Question started by some Lords (who had rather have had a thinner House) was,* 9.7 Whether it should be presently deba∣ted? which passed Affirmatively. The first Debate was upon the said Declaratory Vote: The Earle of Manchester told them, The Parliament of England, by the fundamentall Laws of England consisted of three Estates, 1. King. 2. Lords. 3. Commons. the King is the first and chief Estate, He calls and dissolves Parliaments, and confirmes all their Acts: and without him there can be no Parlia∣ment; therefore it is absurd to say, The King can be a Traitour a∣gainst the Parliament. The Earle of Northumberland said, The greatest part (at least twenty to one) of the people of England were not yet satisfied, whether the King levied war first against the Hou∣ses, or the Houses against Him?* 9.8 And if the King did levie Warr first against the Houses, we have no Law to make it Treason in Him, so to doe: And for us to declare Treason by an Ordinance, when the matter of fact is not yet proved, nor any Law extant to judge it by, is very unreasonable: so the Lords cast off the Debate, and cast out the Ordinance: and adjourned for seven dayes.

Jan. 3. The Zealots of the Commons were very angry at the

Lords, and threatned to clap a Pad-lock on the Door of their House: but at last they sent up some of their Members to examine the Lords Book, and see what they have done, who brought word back, that their Lordships had passed 2. Votes; 1. That they doe not concurre to the said Declaratory Vote. 2. That they had reje∣cted the Ordinance for Triall of the King.

* 9.9Hereupon, the Commons resolved to rid their hands of King and Lords together; and presently they voted, That all Members of the House of Commons, and others appointed by order of that House, or Ordinances of both Houses of Parliament, to act in any Ordinance wherin the Lords are joyned, shall be impowred and enjoyned to sit, and act, and execute in the said several Committees of themselves, notwithstanding the House of Peers joyne not with them therein. Upon the debate, many hot-brain'd men insisted upon it, That the Lords who rejected the Ordinance should be themselves Im∣peached for favouring the grand Delinquent of England (you see the King was likely to have much justice, when his Judges must either condemne Him, or be condemned) others thought it more pru∣dence to touch their Priviledges, and let alone their Persons.

Die Iovis, 4. Jan. 1648. The Commons passed these 3. Votes,

* 9.101. That the People (that is, their own faction, according to their said Principle) are under God the originall of all just power.

2. That the Commons of England in Parliament assembled, be∣ing chosen by, and representing the People, have the supreme power of this Nation.

3. That whatsoever is enacted or declared for Law by the House of Commons assembled in Parliament, hath the force of Law: and all the People of this Nation are concluded therby, although the consent or concurrence of the King or House of Peers be not had thereunto. This chain-shot sweeps away King, Lords, Laws, Liberties, property, and fundamentall Government of this Na∣tion at once; and deposites all that is, or can be neer or deare unto us in scrinio pectoris, in the bosomes and consciences of 50. or 60. factious covetous Saints, the dregs and lees of the House of Commons, sitting and acting under the power of an Army: and yet the House of Commons never had any Power of Iudica∣ture,

nor can legally administer an Oath; but this in pursuance of their aforesaid Principle, That they may pass through any form of Government to carry on their Design: The Diurnall tells you, there was not a Negative Voice: this shews under what a terror they sit, when in (things so apparently untrue) no man durst say, No: so the said Declaratory Vote and Ordinance for Triall of His Ma∣jesty (by a Court Martiall, if the Diurnall speak true, and yet the King no Prisoner of War) was passed onely in the name and by the Authority of the Commons: Notwithstanding, the Order of the House, That the Clerk should not deliver a Copy of the said Or∣dinance to any man, I here present the Reader with a Copy there∣of.

*An Act of Parliament of the House of Commons for Tryall of Charls Stuart King of England.* 10.1

VVHeras it is notorious that Charles Stuart the now King of England, was not content with the many incroachments which his Predecessors had made upon the People in their Rights and Freedom, hath had a wicked Design to subvert the ancient and foundamentall Laws and Liberties of this Nation, and in their place to introduce an Arby∣trary and Tyrannicall Government,* 10.2 and that besides all evil waies to bring His Design to pass, He hath prosecuted it with fire and sword, levied and maintained a Civill Warre in the Land, against the Parliament and Kingdom; whereby this Countrie hath been miserablie wasted, the pub∣lique Treasure exhausted, Trade decayed, thousands of People murdered, and infinite of other mischiefs committed, for all which high offences the said Charls Stuart might long since have been brought to exemplary and condigne punishment.

Whereas, also the Parliament well hoping that the restraint and imprisonment of His Person, after it had pleased God to deliver Him into their hands, would have quieted the distempers of the Kingdom, did forbear to proceed judicially against Him, but found by sad ex∣perience that such their remissness served onely to encourage Him, and His Complices in the continuance of their evil practices, and raising new Commotions, Rebellions, and Invasions: For preven∣tion of the like and greater inconveniences, and to the end no chief Officer or Magistrate may hereafter presume Traiterously and maliciously

to imagine or contrive the enslaving or destroying of the English Nation, and to expect impunity. Be it enacted and ordained by the Commons in this present Parliament assem∣bled, and it is hereby enacted and ordained, that

• Thomas L^d. Fairfax, Generall.
• Oliver cromwel. Lieu. Generall.
• Com. Gen. Ireton.
• Major. Gen. Skippon.
• Sir Hardresse Waller.
• Col. Valentine Walton
• Col. Thomas Harrison
• Col. Edward Whalley.
• Col. Thomas Pride.
• Col. Isaac Ewer.
• Col. Rich: Ingolsby,
• Sir Henry Mildmay.
• Sir Tho: Honywood.
• Thomas Lord Grey.
• Philip Lord Lisle.
• Will: Lord Munson.
• Sir John Danvers.
• Sir Tho: Maleverer.
• Sir Iohn Bowcher.
• Sir Iames Harington.
• Sir William Brereton.
• Robert Wallop, Esquire
• Will: Henningham, Es.
• Isaas Pennington, Al∣derman.
• Thomas Atkins, Ald:
• Col. Rowland VVilson.
• Sir Peter VVentworth.
• Col. Henry Martyn.
• Col. William Purefoy.
• Col. Godfrey Bosvill.
• Iohn Trencherd, Esq.
• Col. Harbottle Morley
• Col. Iohn Berkstead.
• Col. Mat. Tomblinson.
• Iohn Blackstone, Esq.
• Gilb: Millington, Esq.
• Sir Will: Cunstable.
• Col Edward Ludlow.
• Col. Iohn Lambert.
• Col. Io. Hutchingson.
• Sir Arth: Hazlerigge.
• Sir Michael Livesley.
• Rich: Saloway, Esq.
• Humph: Saloway, Esq.
• Col. Rob: Titchburn.
• Col. Owen Roe.
• Col. Rob: Manwaring.
• Col. Robert Lilburn.
• Col. Adrian Scroop.
• Col. Richard Dean.
• Col. Iohn Okey.
• Col. Robert Overton.
• Col. Iohn Harrison.
• Col. Iohn Desborough.
• Col. William Goffe.
• Col. Rob: Dukenfield.
• Cornelius Holland, Esq.
• Iohn Carne, Esq.
• Sir Will: Armine.
• Iohn Iones, Esq.
• Miles Corbet, Esq.
• Francis Allen, Esq.
• Thomas Lister, Esq.
• Ben: Weston, Esq.
• Peregrin Pelham, Esq.
• Iohn Gourdon, Esq.
• Serj. Francis Thorp.
• Iohn Nut, Esq.
• Tho: Challoner, Esq.
• Col. Algern: Sidney.
• Iohn Anlaby, Esq.
• Col. Iohn Moore.
• Richard Darley, Esq.
• William Saye, Esq.
• Iohn Aldred, Esq.
• Iohn Fagge, Esq.
• Iames Nelthrop, Esq.
• Sir Will: Roberts.
• Col. Francis Lassels.
• Col. Alex: Rixby.
• Henry Smith, Esq,
• Edmond Wilde, Esq.
• Iames Chaloner, Esq.
• Iosias Barnes, Esq.
• Dennis Bond, Esq.
• Humph: Edwards, Esq.
• Greg: Clement, Esq.

• Iohn Fray, Esq.
• Tho: Wogan, Esq.
• Sir Greg: Norton.
• Serj. Iohn Bradshaw.
• Col. Edm: Harvey.
• Iohn Dove, Esq.
• Col. Iohn Venn.
• Iohn Foulks, Ald.
• Thomas Scot, Alder.
• Tho: Andrews, Ald:
• William Cawley, Esq.
• Abraham Burrell, Esq.
• Col▪ Anthony Stapley.
• Roger Gratwicke, Esq.
• Iohn Downs, Esq.
• Col. Thomas Horton.
• Col. Tho: Hammond.
• Col. George Fenwick.
• Serj. Robert Nichols.
• Rohert Reynolds, Esq.
• Iohn Lisl: Esq.
• Nicholas Love, Esq.
• Vincent Potter.
• Sir Gilbert Pickering.
• Iohn Weaver, Eq.
• Iohn Lenthall, Esq.
• Sir Edward Baynton.
• Iohn Corbet, Esq.
• Thomas Blunt, Esq.
• Thomas Boone, Esq.
• Augustin Garland, Esq.
• Augustin Skinner, Esq.
• Iohn Dickswell, Esq.
• Col. George Fleetwood.
• Simon Maine, Esq.
• Col. Iames Temple.
• Col. Peter Temple.
• Daniel Blagrave, Esq.
• Sir Peter Temple.
• Col. Thomas Wayte.
• Iohn Brown, Esq.
• Iohn Lowry, Esq.

Mr. Bradshaw, nomi¦nated President.

• ...Counsellors assistant to this Court, and to draw up the Charge against the KING, are,
  • Doctor Dorislau.
  • Master Steel.
  • Master Aske.
  • Master Cooke.
• Serjeant Dandy, Ser∣jeant at Arms.
• Mr. Philips, Clerk to the Court.
• ...Messengers and door∣keepers are,
  • Master Walford.
  • Master Radley.
  • Master Paine.
  • Master Powel.
  • Master Hull.
  • And Mr. King Crier.

shall be, and are hereby appointed Commissioners and Judges for the hearing, trying, and Judging of the said Charles Stuart; and the said Commissioners, or any 20 or more of them shall be, and are hereby Authorized and Constituted an High Court of Justice, to meet at such convenient times and place as by the said Commissioners or the major part, or 20. or more of them under their hand and seals shall be appointed and notified by publick Proclamation in the great Hall, or Palace-yard of Westminster, and to adjourn from time to time, and from place to place, as the said High Court or the major part thereof meeting shall hold fit, and to take order for the charging of Him the said Charles Stuart with the Crimes above mentioned, and for the receiving His

Personall Answer thereunto,* 10.3 and for examination of Witnesses upon oath (if need be) concerning the same; and thereupon or in default of such Answer to proceed to finall Sentence according to justice and the merit of the Cause, to be executed speedily and impartially. And the said Court is hereby Authorized and required to chuse and appoint all such Officers, At∣tendants, and other circumstances as they, or the major part of them shall in any sort judge necessary or usefull for the orderly and good managing of the premises: and Thomas Lord Fairf••x* 10.4 the Generall, with all Of∣ficers of justice, and other wel-affected Persons are hereby authorized and required to be aiding and assisting unto the said Commissioners in the due execution of the trust hereby committed unto them, provided that this Ordinance, and the Authority hereby granted do continue for the space of one Moneth from the Date of the making hereof, and no longer.

* 10.5But at last they stumbled at a rub not foreseen; they could not use the old Great Seal against Him, because it was the Kings Great Seal (no more could they use any of our Laws, Courts, or Judges against Him, because they are all the Kings) the Scul∣pture upon it is, Carolus Dei Gratia, neither would the Grace of God square with their proceedings: they must therefore make a new Great Seal; but that was long a making, and their fingers were in the fire; they therefore proceeded without any Commis∣sion under Seal, onely upon the said Ordinance, and every Com∣missioner set his own hand and seal to the publique instruments of their proceedings: what need ceremonies when men are resol∣ved upon the substance?

* 10.6About this time the Hebrew Jews presented a Petition to the uncircumcised Jews of the Councell of Warre, That the Statute of Banishment against them may be repealed, and they re-admitted to a Synagogue and Trade amongst us; They offer for their re-admissi∣on, S. Pauls Church, and the Library at Oxford, 500000 l. but 700000 l. is demanced: Hugh Peters and Harry Martin soli∣cite the business. Upon this occasion was published this Paper ensuing.

* The last damnable Design of Cromwel and Ireton,* 11.1 and their Junto or Cabal; intended to be carried on in their General Councel of the Army, and by their journey-men in the House of Commons, when they have engaged them de∣de perately in sin, past all hope of Retreat by murthering the King.

MAjor White, a Member of the Army, long since at Putney foretold, That shortly there would be no other power in Eng∣land, but the power of the Sword; and Will. Sedgwick in his Book called [Justice upon the Armies Remonstrance] saith, The Prin∣ciple of this Army is, To break the Powers of the Earth to pieces: and John Lilburn in his [Plea for Common Right] p. 6. saith, The Army by these extraordinary proceedings, have overturned all the visible Supreme Authority of this Nation, that is they have, and will, by seizing upon the Members of Parl. dissolving it, and set∣ting up a new invented Representative, and bringing the King to capital punishment, and dis-inheriting his Posterity, subvert the Monarchi∣cal Government, and Parliaments of this Kingdome; the Laws and Liberties of the People, and so by bringing all to Anarchy and confusion, put the whole Government of the Land under the Arbitrary power of the Sword.

In order to which, they have, and will overturn the Government of the City of London by a Lord Mayor and Aldermen, and govern it by Commissioners, and a schismatical Common Councel of Anabap∣tists illegally chosen, and deprive them of their Charter of Incorpo∣ration and Franchises; and this shall be a leading case to all the Corpo∣rations of England.

Their next Design is, to plunder, and disarm the City of Lon∣don, and all the Country round about; thereby to disable them to rise when the Armie removes, but not to the use of the Souldiers, (although they greedily expect the first Week in February the time appointed) from whom they will redeem the plunder at an easie rate; and so sell it in bulk, to the Jews, whom they have lately admitted to set up their banks and magazines of Trade amongst us, contrary to an Act of Par∣liament for their banishment; and these shall be their Merchants to buy off for ready money, (to maintain such Warrs as their violent

proceedings will inevitably bring upon them) not onely all Sequestred and plundred goods, but also the very bodies of Men, Women, and Children, whole Families taken Prisoners for sale, of whom these Jewish Merchants shall keep a constant traffick with the Turks, Moors, and other Ma∣hometans; the Barbadus, and other English Plantations being already cloyed with Welch, Scottish, Colchester, and other Prisoners impo∣sed by way of Sale upon the Adventurers: and this is the meaning of Hugh Peters threat to the London Ministers, That if another War follow∣ed, they will spare neither Man, Woman, nor Child: For the better car∣rying on of which Design, the said Cabal, or Junto, keep a strict corre∣spondency with Owen Roe Oneale, the bloodie Popish, Antimonar∣chical Rebel in Ireland, and the Popes Nuntio there. The Antimonarchi∣cal Marquess of Argyle in Scotland; the Parisian, Norman and Pi∣cardie Rebels in France, and the Rebel King of Portugal. If danger be not held so close to your eies that you cannot discern it, look about you English. But this Kingdome is not to be saved by men that will save themselves; nothing but a private band, and a publike spirit can redeem it

* 11.2The 3. Jan. 1648. Master Pryn sent a Letter to the General, demanding what kind of Prisoner, and whose he was? as fol∣loweth.

* To the Honourable, Thomas Lord Fairfax, General of the present Army, these present.

My Lord,

IT is now a full Months space since I (with other Members of the Commons House) have been forcibly apprehended and kept Prisoner by some of your Officers and Marshal, against the Priviledges of Parliament, the Liberty of the Subject, the Laws and Statutes of the Realm, and all Rules of justice, conscience, and right reason; without the least shadow of Authority, or any cause at all yet made known to me, of which (were there any) neither God nor man, ever yet made your Lordship or your Offi∣cers, Judges. I therefore desire to know from your Lordship, what kind of Prisoner I am? and whose? If a Prisoner of peace,

neither your Lordship, nor your Officers, are any Justices of peace, or Civill Magistrates in this place, to restrain me for any civill crime were I guilty of it; much less without proof or hearing, in case I were no Member: but being neither guilty nor accused of any such crime, and a Member too, no Magistrate can, nor ought to imprison me upon any pretext, at least without the Houses li∣cence first obtained, If a Prisoner of Warre, which I cannot probably be, being never in Arms, and apprehended neer the Commons House door, going peaceably and unarmed thither to discharge my duty; then you, and your Officers thereby acknow∣ledge, That you have levied Warre against the Parliament, and its Members: and what capital offence this is, and what a punish∣ment it deserves, I need not inform your Lordship, or your Councell, who have for this very crime, condemned and shot some to death, as Traytours; and demanded speedy justice and ex∣ecution for it upon the King himself.

I have but one thing more to trouble your Lordship with, and that is to demand whose Prisoner I am? having yet seen no War∣rant nor Order from your self, or your Officers, for my restraint, though I have oft demanded it of your Marshall: If your Lord∣ships Prisoner, there appearing yet no legall Authority, cause, or Warrant, for my restraint; I must then crave so much justice from your Lordship (being but a Subject, and not yet pa∣ramount all Laws) to order your Attourney to give an Appear∣ance for you in the Kings bench, the first return of the next Tearm, to an action of false Imprisonment, for this my unjust restraint; which I intend (by Gods assistance) effectually to pro∣secute. If your Officers Prisoner onely, and not yours, which I conceive, who yet abuse your name and authority herein, though it be a rule in Law and Divinity too, Qui non prohibet malum quod potest; jubet; yet I shall be so just, as to set the saddle upon the right horse, and commence my action onely against such of your Officers, who have been most active in my Imprisonment, for damage and reparations; which if there be any justice remaining under Heaven, I doubt not but I shall recover in Gods due time, in this publick cause, which so highly concerns the honour, free∣dom, and Priviledges of Parliament, and Subjects Liberties; for defence and maintenance whereof, as I have hitherto spent my

strength, adventured my life, body, liberty, and estate; so shall I now again engage them all, and all the friends and interests I have in heaven and earth, rather then they shall suffer the least diminution, prejudice or eclipse by my stupid patience under this unjust captivity; though I can as willingly forgive and put up private injuries, when the publike is not concerned as any man. All which, I thought meet to inform your Lordship of whom I am heartily sorry to see so much dishonoured, abu••ed and misled by rash ill-advised Officers, and dangerous, destructive (and I dare say, Jesuitical) Councels, to the Parliaments dissipation, the Kingdoms prejudice, Irelands loss, most good mens, and Ministers grief, your best Friends astonishment, your Enemies and the Pa∣pists triumph, our Religions scandal, and your own dishonour: which I beseech you as an Englishman, a Christian, a Professor of piety and Religion, a Souldier, a General, to lay sadly to your heart, as the earnest request of

From my Prison at the Sign of the Kings Head in the Strand, 3. Jan. 1648.

Your Lordships faithful Friend and Monitor, William Pryn.

* An Additional Postscript.

VVE reade, Luke 3.14. that when the Souldiers demanded of John Baptist, saying, and What shall we do? he said unto them, Do violence to no man, (or put no man in fears) nei∣ther accuse any falsly, and be content with your allowance: not im∣prison, depose, or murther Kings, pull down Parliaments, imprison, violently shut out, and drive away Parliament men, and then lay all false accusations and scandals upon them, to co∣lour your violence, subvert Kingdoms, alter States, break all bonds of Laws, Oaths, Covenants, Obligations, Engagements to God and Men; usurp all Civil, Military and Ecclesiastical power, and the Kings Royal Palaces into your own hands, as supreme Lords and Kings; raise what new forces, and levie what new Taxes you please, take up what Free-quarters and Houses, seize and plunder what publike Treasuries & monies you

please, without Commission or Authority, obey neither God nor Man, neither Parliament nor Magistrate, and be content with nothing, but alter, and subvert all things. These are Saint Peters new doctrines and Revelations, to our Officers and Souldiers now, & those Jesuits who lurk amongst them, not John the Bap∣tist, whose Canonicall advice is now rejected as Apocryphall, even among the Army Saints, who preferre every ignis fatuus, though from Doway or R••me it self, before this burning, and shining old light, and are guided onely by a new minted law of pretended providence or necessity of their own forging, and not by the revealed will and law of God, the sacred light where∣of their present works of darkness dare not approach, lest they should be reproved and condemned by them. But some 43. Acti∣ons of false imprisonment by the imprisoned, and 150. Actions of the Case by the secluded Members, brought against these do∣mineering lawless Officers and Grandees of the Army, wherein good Damages will be recovered, and some 12. Indictm: of High Treason against them for laying violent hands upon the Kings Person, and the Members, and leavying War against the Parlia∣ment, will teach them more obedience, humility, and modesty then either John Baptist, Saint Paul, Saint Peter, or Saint Peters, will do; and be like Gideon thorns and briers of discipline to these men of Succoth, with whom no fair means will prevail; who might have learned so much law and justice from a Hea∣then Souldier and Governour Festus, Acts 25.27. It seemeth unto me unreasonable to send (much more to commit) a Prisoner, and not withall to signifie the crimes laid against him; and come short of that ingenuity of the heathenish chief Captain who seized upon Paul, thereby to appease the Tumult at Hierusalem, Acts 22.27, 29. who as soon as ever Paul told him, he was a Roman, & Free-born; then straight way they departed from him who should have examined him: and the chief Captain also was affraid, after he knew that he was a Roman, and because he had bound him. And should not false imprisoning of a Parliament-man & Free-born English-man be as formidable to our chief Captains (being a Christian, I say, sworn and vowed to defend the Houses Privi∣ledges, and Members Persons) as the Imprisonment of a Ro∣man was to this chief Captain, and they as ingenious and just

as he, who shall rise up in judgement against them, and condemn them at the last.

I shall close up all with this observation. That as the most glo∣rious Angels in Heaven, when they fell (through pride and am∣bition, as most conceive) became the very foulest Devils in Hell; so the most resplendent seeming hypocriticall Saints when they fall through the like sins, and have power in their hands, be∣come the most incarnate Devils, and Monsters of treachery and tyranny upon earth, exceeding Turks and Pagans therein, of which we have now sad experience in our Army-Saints, who e∣very day aggravate, and yet justifie their impieties and exorbitan∣ces▪ 2 Chron. 28.11. Now hear me therefore, and deliver the Captives again, which ye have taken Captives of your Brethren: for the fierce wrath of God is upon you.

Will: Pryn.

* 12.1The Saints having nothing to say against Major Gen. Brown, (unless they should accuse him for being true to King, Parlia∣ment, City, and Kingdom, and to all the first declared Principles of this Parliament) fell to their old trick to fasten another coun∣terfeit Letter upon him: wherefore a Man coming to S. Jame's (where he was then imprisoned) desired, in the hearing of all pre∣sent to speak with him in private: Major Gen. Brown told him, He was not for private conference, and bade him speak openly; then the Fellow presented a Letter to him, saying, It was from the Prince: but Major Gen. Brown (remembring the like trick put upon him before) called for the Guard to apprehend him, when presently the Messenger threw the Letters into the fire, and the Marshall catching them out halfe burnt, affirmeth, He saw Charles Prince, written upon them. Sanctified eyes may see through the spectacles of their own fantasie what they please, to accomplish their Design, and therefore they have a new prin∣ciple or light (which as the 7. May, be added to the aforesaid 6.) that though they have no proofs nor evidence against a man, yet if in their consciences, they think him guilty, they may condemn him upon the testimony of their own consciences; this is to condemn by Revelation such whose bloud they desire to suck. This supposed Messenger from the Prince was seized by the

Guard, but no proceedings against him heard of; which argues it was but a snare set to catch the Major.

About this time (to second this device) a man gallantly clo∣thed and mounted, comes to the Beare in the Strand,* 12.2 gives the Hostler a Peece, and bids him have a care of his Horse; then goes into the City, and (the Plot being forelaid) was taken there with Letters subscribed with the Princes name, to divers Citi∣zens and Members against whom they want matter of accusati∣on. I hear no more of this matter yet; this is a device dor∣man••, to be awakened hereafter, if any shall oppose the present actings of the Army, and their Parliament.

Cromwell, Ireton, and Hugh Peters have several times made it their errand to go into the City and visit the Ministers, giving them threatning Admonitions, not to preach any thing against the Actings of the Army and their Parliament:* 12.3 But Hugh acted his part above them all, he took some Musketiers with him to the house of Mr. Calamy, and knocking at the door, a Maid asked whom he would speak with? he told her, with her Master? she asked his name? he replied, Mr Hugh Peters, the Maid going up the stairs to acquaint her Master, (who was above-stairs in con∣ference with some Divines) over-heard Peters say to the Soul∣diers, The very name of Peters will fright them all: Peters being called up the staires, told Mr. Calamy, He was commanded by the General to warne him to come before him: Mr. Calamy (leaving Peters vapouring and canting Religion and non-sense to the rest of the Divines) slipt down staires and went to the General to know his pleasure, telling him, He had bin summoned before him by Hugh Peters: the General said, Peters was a Knave, and had no such directions from him.

Since this,* 12.4 the Council of Warr (finding it difficult to stop the Ministers mouths) have sundry times debated, How to shut up the Churches doors in the City, for Reformation of the Church, and propagation of the Gospel: they have imprisoned Mr. Canton (a worthy Minister) for praying for King CHARLES, and threaten to try him for his life in the Upper Bench (forsooth) which all the Lawes call, the Kings Bench: and upon their new Acts of Par∣liament, made by a ninth part of the Members, the small remnant or Junto of the House of Commons; notwithstanding, by The

Directory for publique Worship, (established by both Houses) the Ministers are enjoyned to pray for the King. It is said that Monsieur Paux (one of the Dutch Agents here) hath advised Cromwell, to stop the Ministers mouthes by hanging up a dozen of them: and vouches a president for it in the Low Countries.

* 12.5Jan. 9. The Lords sate again and passed some Ordinances, which they sent down to the Commons for their concurrence, to feel their pulse w••ether they would vouchsafe to take so much notice of them; the Commons laid them aside after some expres••ions of disdain.

* 12.6This day Sergeant Dandie, Sergeant at Arms to the Comissi∣oners for Triall of His Majesty, rode into Westminster-hall with the Mace belonging to the House of Commons upon his shoul∣der, and some Officers attending him, all bare, and 6. Trumpe∣ters on horsback before him, Guards of Horse and Foot attend∣ing in both the Palace-yards, the 6. Trumpeters sounded on horseback in the middle of the Hall, and the Drums beat in the Palace-yards, after which a Proclamation was read aloud by Mr. King, one of the Messengers of the said High Court of Justice, to this purpose; To give notice, that the Commissioners were to sit to∣morrow, and that all those that had any thing to say against CHARLES STƲART King of England might be heard. The like was done in Cheapside, and at the Old Exchange.

* 12.7This day the remainder of the House voted their Great Seal to be broken, in order to the making of a new one, justly putting the same affront upon their own Seal, which they had former∣ly put upon the Kings.* 12.8 Upon these occasions Mr. Pryn (it is said) published his Memento to the unparliamentary Junto, therein telling the House, That being forcibly secluded from the House by the Officers of the Armies violence, whereby he could not speak his mind to them freely in, or as the House of Commons, yet he would write his thoughts to them as private Persons onelie under a force, con∣sulting in the House without their fellow Members advice or concur∣rence, about speedie Deposing and executing CHARLES their law∣full Soveraign, to please the Generall, Officers, and Counsell of the Army, (who have usurped to themselves the Supreme Authoritie both of King and Parliament) or rather the Jesuits and Popish Priests a∣mong them.

1. By the Common Law the Stat. 25. Edw. 3.* 12.9 and all other Acts concerning Treason, It is High Treason for any man by overt act to compass the death of the King, or his eldest Son, though never executed; and so adjudged by Parliament in the Earl of Arundels Case, 21 Ric. 2. Plac. Coronae, n. 4, 6, 7.

2. In the Oath of Allegiance (which every man takes before he sits in Parliament) you acknowledge him to be lawful and rightful King of this Realm; and that the Pope neither of himself, nor by any authority of the See of Rome, or by any other means, with any other, hath any Power or Authority to depose the King, &c.* 12.10

3. Your selves amongst other Members, in above one hundred Remonstrances, Declarations, Petitions, Ordinances, &c. in the name of the Parliament have professed, You never intended the least hurt, injury, or violence to the Kings Person, Crown, Dignity, or Posterity; but intended to Him and His Posterity more Honour, Hap∣piness, Glory, and Greatness than ever any of His predecessors enjoyed: That you would make good to the uttermost with your Lives and For∣tunes the Faith and Allegiance you have alwaies born to him. That all Contributions, Loans, should be imploied onely to maintain the Protestant Religion, the Kings Authoritie, Person, Royal Dignitie, Laws of the Land, Peace of the Kingdome, and Priviledges of Par∣liament. That the Forces raised by the Parliament were for defence of the Kings Person, and of both Houses. That the Parliament will ever have a care to prevent any danger to his Person. That they are resolved to expose their lives and fortunes for maintenance of the Kings Person, Honour, and Estate, and the Power and Priviledges of Parlia∣ment, when the King taxed the Houses for insinuating,* 12.11 That if they should make the highest Presidents of other Parliaments their pattern, (that is, depose the King) there could be no cause to com∣plain of them: Both Houses by two Declarations protested a∣gainst it, saying, That such thoughts never entred, nor should enter into their loyal hearts.* 12.12

4. By the Protestation, They declare in the presence of God to de∣fend the Kings Person and Estate, and that their Armies under Essex and Fairfax, were raised for that purpose inter alia.

5. By the National Covenant, They vowed to defend the Kings Person and Authoritie in preservation of true Religion and Liberties

of the Kingdom, and that they will all the daies of their lives continue in this Covenant against all opposition.

6. You monopolize the Supreme power into your own hands, robbing both King, Lords, and the rest of your fellow Members thereof, whom you are content should be violently shut out by your Army, who have leavied War against the Parliament to dissolve it; till the removall of which force, and restoring your Members with freedom and safety,* 12.13 you ought not to sit or Act in your Armies own doctrine in their Remonstrance, Aug. 18. and by the Declaration and Ordinances of both Houses, Aug. 20. 1647. Sec 21. R. 2. c. 12. 1. H. 4. c. 3. 31. H. 6. c. 1. 39. H. 6 c. 1. See the memorable Record, 6. E. 3. Parl. apud Ebor. n. 1, 2 dorso clauso. 6. E. 3. m. 4. 6. E. apud Westm. Parl. 2. n. 1. 13. E. 3. Parl. 2. n. 4. & many more Rolls, where Parliaments, when any considerable number of Members of either House were absent, refused to sit (though under no force) till the House were full.

You have neither Law nor president for what you do, Edw. 2. Rich. 2. were forced by Mortimer and H. 4. to resign their Crowns in a formall way, one to his Son, the other to his conquering Successor, neither of them to the Parliament, and at last Deposed by a subsequent Sentence of Parliament, as unfit to Reign, without any formall Triall.

* 12.14 Jan. 11. 1648. The House read the Answer of the Generall Counsell of the Army, concerning the secured and secluded Members, and (as I have formerly said, without hearing what the said Members could say for themselves, approved the matter of it: whereupon the secured and secluded Members, 20. Jan. 1648. (with much ado) got printed their Vindication, against the Aspersion cast upon them in The humble Answer of the Generall Counsell of the Officers of the Army, concerning the securing & seclu∣ding of the said Members: The sum whereof is as followeth.

* 12.15By the Preamble of this Answer, and by the Proposals of the 6. Decemb. and the late Declaration and Remonstrance therein cited, it appears this Design to break the House by force hath been long since plotted and contrived with action. The Gene∣rall Councell of the Army in their said Answer, say, Is a course in it self irregular and not justifiable, but by honest intentions and extra∣ordinarie necessitie: the weakness of which Answer we must exa∣mine,

but first must state the case b tween us: They are an Army raised by Ordinance of Parliament, of 15. Febr. 1644. for defence of King and Parliament, the true Protestant Religion, the Lawes and Liberties of the Kingdom, and to be from time to time subject to such Orders and Directions as they shall receive from both Houses of Par∣liament: and to this end they stand commissioned by them, and receive pay from them to this day. And besides this trust thus lying upon them, they are under the obligation of a solemn Covenant, sworn to God, That they will in their place and callings, with sincerity, reality, and constancy with their estates and lives, pre∣serve the Rights and Priviledges of the Parliament, and the Liber∣ties of the Kingdom, and defend the Kings Person and Authority in defence of the true Religion, and Liberties of the Kingdom; they be∣ing under the said trusts and Oath, march up to Westminster (contrary to order) in a hostile way, forcibly secured, secluded, and drove away many of the Members: the Question is, Whe∣ther this Action be Justifiable upon pretence of Honest intentions and Necessity?

Their good intentions cannot be known but by their expres∣sions and actions, and they referre us to their Proposals, Decla∣rations, and Remonstrances, where we find their desires are:

• 1. To take away the Kings life.
• 2. To take away the lives of the Prince, and the Duke of Yorke; at least to dis-inherit both them and all the Kings Children.
• 3. To put a period to thi•• Parliament.
• 4. To set up a new Representative of their own, which takes away all Parliaments.
• 5. To have an Elective King, if any.

These are their Honest intentions for publick good, which must come in to justice their waging warre against their Masters this Parliament: To name them, is to confute them, as being appa∣rently against the Laws of God and the Land, under which they live, and which they are engaged to maintain, we shall produce no other Witnesses to prove this but themselves. On the 15. of Novemb. 1647. The agreeement of the People, (which is lower in demands than these which they call, Honest intentions for publick good) was condemned by the Army. The promoting it in the

Army judged mutinous and capital; Col. Rainsborough and Ma¦jor Scot complained of in the House for appearing in it, and-the Paper it self adjudged by the House, destructive to Government, and the being of Parliaments.

The second pretence or principle is, Extraordinarie Necessity for the same end.

To this we say, 1. The Armie made the same plea of necessity in their Remon••••rance, June 23. 1647. upon quite contrary grounds to what they exp ess now, and both to justifie the same viol nt proceedings against the Parliament, then when the King was seized upon by a party of the Armie (without Order from the House) and the Army advanced against the Parliament. They say in their Letter to the House. July 8. 1647. There have been several Officers of the Army upon several occasions sent to his Maje∣stie: The first, to present to Him a Copie of the Representations; and after that some others, to tender Him a Copie of the Remonstrance: Ʋpon both which, the Officers sent were appointed to clear the sence and intentions of any thing in either paper,* 12.16 whereupon his Majestie might make any Question. There the Army treated with the King, yet now they offer violence to the Parliament for treat∣ing with the King. Then in their Remonstrance, 25 June 1647. they say, We clearly▪ profess, we do not see how there can be any peace to this Kingdom firm and lasting without a due consideration of, and provision for the rights, quiet, and immunities of His Majesties Roy∣all Family, and his late partakers; now they judge the majority of the House corrupt for moving one step towards a peace with the King,* 12.17 though he hath now granted more to them then all the Armies Proposals then demanded of Him. Thus they make this general plea of Necessity serve to justifie the considerations; which they are put to by making themselves Judges of those things they have no calling to meddle with; for by what Autho∣rity are they Judges of publike Necessity?

2. This principle (Necessity) is destructive to all Government, for as the General Officer urgeth necessity for acting against the Commands and Persons of his Superiours; and arro∣gates to be Judge of that Necessity, the Inferiour may urge the same Necessity (in his judgement) to act against the Commands of his General. The Souldiers 'gainst their Officers: any other

20000. men in this Kingdom against this Army, and this Army (as against this Parliament) so against any other Representa∣tive or Government; and so in infinitum.

3.* 12.18 The Commons in Parliament are not accountable for the use of their trust to any but the House, being Trustees of the People, not by Delegation, but by translation: all the power of the people being transferred to them for advising, voting, and as∣senting (according to their judgements, not according to the judgements of those that sent them) for otherwise the parties electing, and those elected, differing in judgement, one might protest against what the other had done, and so make void all Acts of Parliament. But if their Acts were valid or void at the Electors judgements, yet were the Members onely accountable to them that sent them, not to Strangers, and in no case to the Army, who are themselves but in subordinate trust to the Par∣liament for their defence.

4. This violence upon the Members, is not onely contrary to the Armies trust, but against their Covenant and Protestation: the breach whereof being a morrall evill cannot be made good by honest intentions and necessity.

The particulars of the said Generall Officers Answer, upon which this pretended Necessity is grounded, are six: but we must first take notice what is said from the end of the 2. pag. to the end of the 5 before we enter upon them: the summe is,* 12.19 That by the endeavours of some old Malignant Members, and by practises used in new Elections there came in a floud of new Burgesses that either are Malignant or Neuters. To this we say, what is done by the ma∣jority, is the Act of the whole House; and what is done against the majority, is done against the whole House: nor was the Or∣dinance for New Elections carried on by old Malignants, un∣less the major part of the House were alwaies such, and before the new Elections. It is not hard to shew that many of the Offi∣cers of the Army came in upon the last Elections, and were chosen by those places where they are scarce known: upon what influence therefore they came in, let the world judge. And now for the said 6. particulars objected.

* 12.201. The betraying of Ireland into the Enemies hands, by recalling the Lord Lysle from his command there, and putting the best part of the said Kingdom and where the Parliament had the strongest foot∣ing (Munster) into the hands of Inchiquine a Native Irish; who hath since Revolted from the Parliament, hath lately united with the Irish Rebels; and with them and Ormond for the King. To this we ••ay, the Lord Inchiquine came in and brought Munster to the Parliament, and preserved their Interest in Ireland, in all the heat of their Warres in England, when they had little other Interest there, and less means to relieve them; the Lord Lysle was not recalled from his Command there,* 12.21 but his Commission for Lord Lieutenant expiring, 15. April, 1647. on the 17. April, he hoysed sayle for England: after the Lord Lysles return for England, the Lord Inchiquine did gallant service against the Rebels, took many strong Holds from them, and won the Battel of Knocke∣knowes, one of the greatest that ever was gotten of the Rebels. The House therefore approved of his behaviour untill 3. April, 1648. when (the Army having led the way) the Lord Inchiquine (taking distast thereat) by way of imitation, began to enter into Engagements and Remonstrances against the Parliament, (as it was then constituted) for which he made the Remonstrances, Engagements, and Declarations of the Army the Summer be∣fore, both the cause and precedent; as by the printed Relation doth appear.

2. Their endeavours to bring in the King upon His own Tearms, without satisfaction and security to the Kingdom, v••z: upon His Message of the 12. of May, 1647. and to this end to Disband this Ar∣my before any peace made or assured. To this we say, the House of Commons upon the first notice thereof, voted the said Engage∣ment of the 12. of May Treasonable; and by Ordinance, 17. De∣cemb. 1647. put an incapacity upon such Citizens as had any hand in it, which evidenceth, we were here in a right majority, as in other parts of their Paper they take the Votes of the House to prove us a corrupt majority: The charge here lying in generall, and not fixed upon any particular. Concerning Disbanding the Army; we say, the House voted 8. Regiments of Foot, 4. of Horse and 1. of Dragoones, to be sent out of the Army for Ireland, and re∣solved to keep 10000. Foot, and 5400. Horse under Command of

the Lord Fairfax for defence of England. This was, 1. For Relie∣ving Ireland. 2. For easing the heavy pressures of the poor Peo∣ple in England. And 3. an honorable employment for the For∣ces of the Army, to prevent such high distempers as have since ensued.* 12.22

3. That they endeavoured to protect the 11. impeached Members from justice, and with them to raise a new Warre. To this we say, we gave them no other protection than the Laws allowed them. For the mispending 200000 l. designed for Ireland; we say, that 80000 l. thereof was paid to Nicholas Loftus, and others, for ser∣vice of Ireland, and above 50000 l. to the Treasurers at Warre for the Army; which may more reasonably be said to be mis-im∣ployed (because the Army had an established pay another way) than what the Reformado Officers and Souldiers (who obeyed the Orders of the House for Disbanding) received, who ne∣vertheless pressed upon the House the more earnestly for their Arrears, after the Declarations and Remonstrances published by the Army for paying the Arrears of all the Souldiers of England.

4. Their countenancing, abetting,* 12.23 and partaking with the Tumult of Apprentices, and others against both Houses of Parliament. To this we say, that we wonder they should urge the force offered to the House then (which they declared, horrid and treasonable) to justifie the violence acted upon the House by themselves of a much higher nature. This is a meer fiction of the Pen-mans, which we do every one of us for our selves respectively deny.

5. The holding correspondency, engaging, and assisting the tumul∣tuous Petitioners last Spring, the rebellious Insurrections in Kent, the Revolted Ships, Prince of Wales, with the Scots Army: We do every one of us for our selves respectively deny these.

6. That when the Army was dispensed and engaged in severall parts, &c. and many faithfull Members employed abroad upon pub∣lique services; and others through Malignant Tumults about this City, could not with safety attend the House. Then the corrupt and Apostating Party taking advantage of these distractions which them∣selves had caused: First, recalled in those Members, &c. Then they recalled those Votes for Non-Addresses, and voted a Personall Treaty. To this we say, that if the proceedings of the Treaty were sur∣reptitiously

gotten in a thin House, why do they then complain in other parts of their Paper, that the majority of the House is cor∣rupt,* 12.24 and formed to serve the Kings corrupt Interest? why did they force from the House above 200 Members at once; the Counties never expressed so high contempt of the Parliament, untill the like had been first done by the Armies quartering upon them.

And now let us come to that Vote of the House, 5. Dec. 1648. That the Kings Answer to the Propositions of both Houses are a ground to proceed upon to a settlement of Peace: of which they say, That though they advanced hither to attend providence for opening some way to avoid the present evils designed, and introduce the desired good into the Kingdom, yet they said nor acted nothing in relation to the Parliament, nor any Member thereof, untill by the Vote passed, Decemb. 5. they found the corrupt majority so resolvedly bent to com∣pleat their Design in bringing in the King. Do they call their threatning Declaration and Remonstrance a saying nothing? and their marching up against the House, contrary to the Order of the House, a doing nothing in relation to the Parliament? But by these words it appears that this Vote, 5. Decemb. is the very point of that necessity they now relie upon to justifie their force upon the House: For, before that passed, they say, They acted no∣thing, &c. we must now state the difference between the Houses Propositions,* 12.25 and the Kings Answers, and see whether the King did not grant all those Propositions in which the main security of the Kingdom resteth.

He granted the first Proposition for taking off all Declarations; as was desired.

And the third Proposition for the Militia, as was desired.

He assented to the Proposition for Ireland; limiting the time of the Parliaments disposing Officers there to 20▪ years.

He consented to such Acts for publique Debts and Publique Uses, as should be presented within 2. years, and incurred within that time.

He granted the Proposition concerning Peers, as was de∣sired.

He granted the Disposing Offices in England, to the Parliament, for 20. years.

He granted the taking away the Court of Wards, having 100000 l.

per ann. in lieu thereof to be raised as the Parliament should think fit.

He granted to declare against the Marquess of Ormond's power and proceedings after an Agreement with the Parliament.

The onely difference therefore remained upon two Proposi∣tions:

• 1. Delinquents.
• 2. The Church.

For Delinquents, though He doth not grant all, His Majesty consented they shall submit to moderate Compositions, according to such Proportions as they and the two Houses shall agree.

2. He disableth them to bear Offices of publike Trust, and re∣moves them from the Kings, Queens, and Princes Court.

3. For such as the Houses propounded to proceed capitally against, He leaves them to a Legal Tryal, and declares, He will not interpose to hinder it: which satisfies the main complaint of the Parliament which was (in the beginning of the War, (That the King protected Delinquents from justice. And all that the House desired in the Propositions presented to him at Oxford, Febr. 1642. was, That His Majesty would leave Delinquents to a Legal Tryal and judgement of Parliament. But that his Majestie should joyn in an Act for taking away the Lives or Estates of any that have adhered to Him (He truly professeth) He cannot with Justice and Honour agree thereto.

4. Nor do we see how Delinquents (being left to the Law) can escape justice, the King having granted the 1. proemial Proposition, and (so by a Law) acknowledged the Parliaments Cause and War to be just.

For the Church, The Houses propound the utter abolishing of Archbishops, Bishops, &c. The sale of their Lands, that Reformation of Religion be setled by Act of Parliament as both Houses have, or shall agree. The Kings Answer takes away Church-Government by Arch-bishops, Bishops, &c. by taking away their Courts and Officers, and so far takes away their power of Ordination that it can never be revived again but by Act of Parliament, so that Episcopacy is divested of any actual being by the Law of the Land, and instead thereof the Presbyterian Government set∣led for three years by a Law; which is for so long a time as the

Houses formerly in their Ordinances presented to Him at New-castle, did themselves think fit to settle it: For the Sale of Bi∣shops Lands upon the publike F••ith;* 12.26 we say, That although the Purchasers might well have afforded to have gi∣ven the same rates for their Purchases (which they now give) if they might have had them assured by Act of Par∣liament for 99 years, and such mode∣rate Rents reserved as the King inti∣mates in his Answer; yet (in His An∣swer) he expresseth a farther satisfaction to be given them: upon which we should have insis••ed, n••••with•• anding the said Vote.

5. Decemb. 1648. We farther alledge, That the King having granted the rest of the Propositions ••••d ••o much in these 2. De∣linquents, and the Church; the Natio••••l Covenant doth not oblige us to make War upon this poi•••• nothing can make Presbytery (nor the Purchasers of Bishops L•••• is more odious, nor endanger them more, than to make them the sole obstacle of Peace; nor could any thing more work the King to comply with our desires herein, than for us to draw a little neerer Him.

The Considerations leading us to pass the said Vote, 5 Dec. 1648. come next to be considered:

• 1. The saving of Ireland.
• 2. The regaining the revolted Navy and freedom of the Seas.
• 3. The support of the Ancient Government of the Kingdome.
• 4. The putting the people into a secure possession of their Laws and Liberties.
• 5. The avoiding such evill consequences as were apparently to fol∣low a breach with the King.

As 1. the Deposing the King, if not the depriving Him of life:* 12.27 whereupon floods of misery will follow, and scandal to the Protestant Religion, which we (from our hearts) detest and abhor: See the many Declarations of Parliament against it.

2. The necessitating of the Prince to cast himself into the Armes of Forreign Popish Princes, and embrace Popish Allian∣ces for his succour.

3. It may beget a change of Government, and a laying aside of Monarchy here: and so a Breach with Scotland, and this Kingdome (being the more rich) likely to be the Seat of the War.

4. The vast Debts of this Kingdom upon the publike Faith, will never be paid in War, but increased and multiplied: mul∣titudes of Sufferers by, and for the Parliament like to be repayed onely with new sufferings, and every years War destroies more Families, and makes more Malignants through discontenting pressures: until at last the Souldier seeing no hope of pay, the People no hope of peace and ease, fall together into a general and desperate tumultuousness; the power of the Sword appa∣rently threatning a dissolution of Government both in Church and Common-wealth.

To that scandalous Objection, which saith, The corrupt majori∣ty will not l••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. We say, this Objection is unreasonable from men who endea∣vour to perpetuate an Army upon the Kingdome; nor is the continuance of this Parliament singly objected, but that they will not render it back to the People, Viz. To a new Repre∣sentative, invented and made by the Army, that is, We will not render our power into the hands of the Army.

Another Objection is, That whatsoever the King granted, He might plead Force to break it, and spoil us by policy. This Objecti∣on might have been made against all our Treaties: If there be a∣ny Force, it is from the Army, for spoiling us by policy. The Kings of this Land could never encroach upon our good Laws, but by corrupt Judges and Ministers, who though they could not abrogate the Law, made it speak against it self, and the inten∣ded good of the People, or else by the power of Courtiers, stop∣ping the course of Justice at the Councel Table; and in other Arbitrary Courts: both which are taken away by the Kings Concessions.

1. That the Nomination of Judges and Officers be in the Parlia∣ment.

2. That the King make no new Parliament Lords for the future to Vote there.

* 12.28Another Objection is, That they had intelligence, that had they been suffered to meet all in the House once more, it was designed to have passed some higher Resolutions, to lay farther foundations of a new quarrel, so as to carry therein the name and countenance of Parliamen∣tary Authori••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 case but by another War. To this we say, the House immediately upon passing the Vote, 5. De∣cemb. sent a Committee to the General to confer with him and his Officers, and keep a good correspondency with them: To which, the General promised his readiness, howsoever it was hindred afterwards. And then they seized upon one of the Com∣missioners appointed to Treat, affronted another, and left no way free for a Conference, which shews they were resolved to doe what they had designed.

The last Obj. is, That those Members that are yet detained in Cu∣stodie, are either such as have been formerly Impeached, and (in part) judged by the House for Treason, and other Crimes, and never acquit∣ted, and against whom they can, and very shortly will produce new matter of no less crime; or else such who have appeared most active and uni∣ted in Councels with them: against whom also they are preparing, and shall shortly give matter of particular Impeachment. To this we say, that when it appears what those crimes are, and what per∣sons are charged with them, we doubt not but they will suf∣ficiently acquit themselves, if things may be legally carried in a judicial way by competent Judges not preingaged. In the mean time we conclude, That Souldiers, whose advantages arise by War, are not fit to judge of the Peace of the Nation.

* 12.29The 19. Jan. 1648. Mr. Pryn, and Mr. Walker, (two of the secured Members) published in print their Declaration and Protestation, against the actings and proceedings of the Army and their Faction now remaining in the House of Commons; as followeth:

A Declaration and Protestation of Will: Pryn, and Clem: Walker, Esquires; Members of the House of Commons: Against the present Actings and Proceedings of the Generall, and Generall Councell of the Army, and their Election now remaining and sitting in the said House.

WHereas long since, for ease of the People, both Houses in a full and free Parliament Voted the Disbanding of this Army: in opposition to which, some great Officers of the said Army, (to continue their rich Commands) with some Mem∣bers of the House of Commons, (who daily inrich themselves by the troubles of the times) secretly mutinied the Army against the Parliament. And whereas, lately the farre major part of the House of Commons, pittying the bleeding condition, and tears of the oppressed People, Voted, and entred into a Personall Treaty with the King: without which (by the Armies own con∣fession in their Remonstrance at Saint Albons, p. 64.) there can be no peace; which the Army interrupted by obtruding upon the Commons a treasonable Remonstrance, 20. Novemb. 1648. tending to destroy the King, and His Posterity, and wholly to subvert all Parliaments, Religion, Laws, and Liberties for ever; whereby the Commons in Parliament found it absolutely neces∣sary to prevent such pernitious innovations, by concluding a safe peace with His Majesty; whereupon (after mature debate) the House of Commons the 5. Decemb. 1648. Voted, That the Kings Answer to the Propositions of both Houses upon the Treaty, were a ground for the Houses to proceed to the settlement of a safe and well-grounded Peace: Upon which, the Generall, and Councell of Warre, Wednesday morning, 6. December, 1648. Seized and Im∣prisoned 41 of the Members going to the House of Commons to do their Duty, secluded above 160. other Members, besidss 40. or 50. Members who voluntarily withdrew themselves to avoid their violence, leaving onely their own engaged party of 40. or 50. Members sitting, who now pass Acts of Parliament of the House of Commons (as they call them) without the Lords; and comply with the said Councell of Warre, to carry on the said Remonstrance: To which purpose this present remnant of the

Commons have unvoted in a thin House under the force of the Army, what was deliberately Voted in a full and free House; whereas by their own Ordinance passed upon the Tumult of Apprentices, 20. August, 1647. to null, and make void ab initio, all Acts, Orders, Votes, &c. passed under the said force: This remaining Party ought not to sit, act, nor take upon them the style of a House, under so visible, actuall, and horrid a Force.

The premises considered, We whose names are hereunto sub∣scribed, Members of the House of Commons, do declare and protest, That the said Generall, Commissioned Officers, and Ge∣nerall Councell of the Army, by the said act of violence, upon the major part of the House, which legally and virtually is the whole House, have waged War, and Rebelled against the Parli∣ament their Masters, who raised them to defend the Priviledges of Parliament, and the Kings Person and Authority, in defence of Religion, Laws, and Liberties, and have thereby forfeited their Commissions, and have broken and dis-continued this Parlia∣ment; so that, untill this force be removed, punished, the Honour of the Parliament and their wronged Members vindicated, and all the Members resummoned, all the Votes, Orders, and Actings, passed, and to be passed by this nominall House of Commons, are, and will be void, ab initio, and all such as do, or shall obey them, are and will be punishable, both by the Armies own judg∣ment in their Remonstrance, August 18. and by the Houses De∣claration, and the said Ordinance, 20. August, 1647.

We do farther declare and protest against this present House of Commons illegall Acts, Order, or Ordinance, for erecting a High Court of Justice, and usurping a power without any Law or president, to Trie, Depose, and bring to capitall punishment the King, and to Dis-inherit His Posterity, or any of them, and against the said Generall Councell of Officers, aiding and abet∣ting them therein, as highly impious against the Law of God, Nations, and the Protestant Profession, Traitors against the Stat. of Treason, 25. Edw. 3. and against all Laws and our Statutes, perjurious and perfidious, against the Oaths of Allegiance, Su∣premacy, Nationall Covenant, and Protestation; all the Parlia∣ments Declarations and Remonstrances held forth to the world; their Treaties and promises made to the Scots when they deli∣vered

the Kings Person into our hands; against our promises made to the Hollanders, and other Nations, and against all the Professions, Declarations, Remonstrances, and Proposals made by this Army; when they made their Addresses to the King at New-market, Hampton-Court, and other places.

• William Pryn.
• Clem: Walker.

January 19. 1648.

* 13.1Aout this time the Generall Councell of Officers at White-Hall, ordered, That two Petitions (or mandates rather) should be drawn, and presented to their House of Commons; One against Pay∣ment of Tythes; the other, for Repealing the Act for Banishment of the Jews: Hear you see they shake hands with the Jews, and crucifie Christ in his Ministers, as well as in his Anointed, the King.

About this time Col: Tichburn, and some schismaticall Com∣mon-Councell-men,* 13.2 presented a Petition to the supreme Autho∣rity the Commons in Parliament, demanding justice against all grand and capitall Actors in the late Warres against the Parliament from the highest to the lowest: the Militia, Navy, and all Places of power to be in faithfull hands, (that is, in their own Faction, all others being displaced under the generall notion of disaffe∣cted) to settle the Votes, (That the supreme Authority is in the Com∣mons in Parliament assembled.) They complained, That the Lord Mayor, and some Aldermen, denied to put their Petition to the Question at the Common Councell, and departed the Court, with the Sergeant and Town-Clerke, That the Court afterwards passed it Nemine contradicente. The Commons thanked the Petitioners (for the tender of their assistance) and Ordered, That the Petition should be entered amongst the Acts of the Common Councell, and owned them for a Common Councell notwithstanding the departure of the Lord Mayor, &c. And about four or five daies after, the Commons Ordered,* 13.3 That any six of the Commons Councell, (upon eme gent occasions) might send for the Lord Mayor to call a Com∣mon Councell themselves, and any forty of them to have power to Act

as a Common Councell without the Lord Mayor, any thing in their Charter to the contrary notwithstanding. Thus you see the Votes of this supreme thing (the House of Commons) are now become the onely Laws and Reason of all our actions.

* 13.4The 16 Jan. 1648. was passed an Act of the Commons for ad∣journment of Hillary Term for fourty daies This was in order to the Kings Triall, but the Commissioners of the Great Seal, de∣clared, That they could not agree to seal Writs of Adjournment without the Lords concurrence, (the assent of one Lord being re∣quisite) their tame Lordships sent down to the Commons to offer their readiness to joyn therein. But the Commons having formerly Voted, The Supreme Power to be in themselves as the Peoples Representative, and that the Commons in every Committee should be empowered to Act without the Lords. The Question was put, Whe∣ther the House would concurre with the Lords therein? which passed in the Negative: so the Lords were not owned. Afterwards they ordered, that the Commoners (Commissioners for the Great Seal) should issue forth Writs without the Lords.

* 13.520. January, Lieut. Generall Hammond, with many Officers of the Army, presented to the Commons from the Generall and Councell of the Army, a thing like a Petition, with The Agree∣ment of the People, annexed. Mr. Speaker thanking them, desired them to return the hearty thanks of the House to the Generall and all his Army for their gallant services to the Nation; and desired the Pe∣tition and Agreement should be forthwith printed, to shew the good affection between the Parliament and Army. I cannot blame them to brag of this affection, being the best string to their bowe. About this time some wel-meaning man (that durst think truth in pri∣vate) published his thoughts under the Title of [Six serious Quae∣ries, concerning the Kings Triall, by the High Court of Justice..

* 13.61. Whether a King of three distinct Kingdoms can be condemn∣ed and executed by one Kingdom alone, without the concurrent consent, or against the judgement of the other two?

2. Whether if the King be indicted or arraignd of high Treason, he ought not to be tried by his Peers? & whether those who are now nominated to trie him, or any others in the Kingd: be his Peers?

3. Whether if the King be triable in any Court, for any Trea∣son against the Ki••gdom, He ought not to be tried onely in full

Parliament, in the most solemn and publike manner, before all the Members of both Houses, in as honourable a way, as Strafford was in the beginning of this Parliament? And whether He ought not to have liberty and time to make His full defence, and the benefit of his learned Counsel, in all matters of Law, that may arise in or about his Trial, or in demurring to the jurisdicti∣on of this illegal new Court, as Strafford and Canterbury had?

4. Whether one eighth part only of the Members of the Com∣mons House, meeting in the House, under the Armies force, when all the rest of the Members are forcibly restrained, secluded, or scared away by the Armies violence, and representing not above one eighth part of the Counties, Cities, & Boroughs of the King∣dom, without the consent and against the Vote of the majority of the Members, excluded and chased away, and of the House of Peers, by any pretext of Authority, Law, or Justice, can erect a New great Court of Justice to try the King, in whom all the rest of the Members, Peers and Kingdom (being far the Major part) have a greater interest then they? Whether such an High Court can be erected without an Act of Parl. or at least an Ordin. of both Houses, and a Commission under the Great Seal of Eng∣land? And if not, whether this can be properly called a Court of Justice? and whether it be superiour or inferiour to those who erected it? who either cannot or dare not try and condemn the King in the Com. House; though they now stile it, The Supreme Authority of the Kingdom; and whether all who shall sit as Judges, or act as Officers in it towards the Deposing or taking away the Kings life, be not really guilty of High Treason, and all those who were aiding or assenting to the erection thereof in such an irregular manner, by the Laws and Statutes of this Realm?

5. Whether those who are professed Enemies to the King, and by their Remonstrances, Speeches, and actions, profess they de∣sire his blood and seek his life, can either in Law or Conscience be reputed competent Judges to try him for his life? It being a just exception to any Jury man, who is to try the basest or poorest Felon, and a legal challenge for which he must be withdrawn; that he is a professed Enemy and Prosecutor who seeks his life, and therefore no lawfull nor indifferent trier of him for it.

6. Whether the triall and taking away of the Kings life by

such an illegal and arbitrary High Court of Justice, as this, will not prove a most dangerous inlet, to the absolutest tyranny and bloodiest butchery ever yet heard of, or practised in this, or any other Nation? and a ready way to teach us, how to chop off one anothers heads, till we are all destroyed? For if they may take a∣way the Kings head in it without, and against all rules of Law: then by the same or stronger reason, they may in like manner chop off the heads of any Nobleman, Peer, Member, Gentleman, or inferiour Subject for any imaginary Treason or offence, and confiscate their Estates, there being no assurance they will stop at the Kings:* 13.7 And if those who are confessed to be the Majority of the Com. House, and therefore excluded, or the Prince of Wales next Heir to the Crown, or the Malignant party, or any oher Fa∣ction whatsoever which may arise, should at any time hereafter get the upper hand by the peoples general adhering to them, or any divisions of the Army, or by any means Gods providence should administer (who hath thousands of ways to pull down the proudest Tyrants, and dissipate the strongest Armies in a mo∣ment, as he did Senacheribs, the Midianites, the Moabites, and Ammonites, with sundry others recorded in sacred Writ, and prophane Stories, and the Scots Army but few months since) they may by like authority and president erect the like new Court, to cut off the heads of all the Members now sitting, and of the present General Councel of the Army, and all the Com∣missioners acting in this new Court; and so fall a murthering and butchering one another, till we were all destroyed one by another, and made a spectacle of most unnatural tyranny, and cruelty to the whole world, Angels, and Men, and a prey to our common Enemies. Upon which consideration, let every man now seriously lay his hand upon his own breast, and sadly con∣sider what the bloody tragical issue of this new Phaleris Bull, may prove to him or his; and whether every Free-born Eng∣lish-man (especially of Noblest birth, and amplest Estate) be not deeply obliged in point of prudence and conscience to use his utmost endeavour with hazard of life and estate, to prevent the erection of such an exorbitant and illegal Authority, in the very rise and foundation, ere it be over-late; and not patiently suffer a rash inconsiderate number of Hotspurs (of mean condition

and broken desperate fortunes for the most part) out of private malice, fear, or designs to secure and enrich themselves by the ruines of others of better fortunes and quality; to set up such a new shambles to butcher and quarter the King, Nobles, Parlia∣ment-men, Gentlemen, and persons of all conditions, as was ne∣ver heard of among Pagans or Christians, from the Creation to this present, and will no way suit with our English soil, already overmuch watred with English blood; and so deeply ingaged a∣gainst all arbitrary and tyrannical usurpations and proceedings (especially capital) in any hands whatsoever, which have cost us so much blood and treasure to oppose and fight against for seven years last past.

Saturday, Ian. 20. 1648.* 13.8 The new thing called The High Court of Justice sate: Bradshaw being President, who had the Mace and Sword carried before him, and 20 Gentlemen (forsooth) with Partizans for his Guard, under the command of Colonel Fox the Tinker. An O yes being made, and silence commanded: the said Act of the Commons for erecting the said Court was read, and the Court called, there being about 70 of the Commissioners present. Then the King was brought to the Bar by Col. Hacker with Halberdiers, the Mace of the Court conducting him to his chair within the Bar where he sate. And then Pres. Bradshaw said to the King, Charles Stuart King of England; The Commons of England assembled in Parliament being sensible of the great cala∣mities brought upon this Nation,* 13.9 and of the innocent blood shed (which are referred to you as the Author of it) according to that duty which they owne to God, the Nation, and themselves, and according to that power and fundamental trust reposed in them by the People, have constituted this High Court of Justice, before which you are now brought, and you are to hear your Charge, upon which the Court will proceed.

Solicitor Cook.

My Lord, in behalf of the Commons of England, and of all the People thereof, I do accuse Charles Stuart here present of High Treason and misdemeanours, and I doe in the name of the Commons of England desire the Charge may be read unto him.

The King.

Hold a little.

President.

Sir, the Court commands the Charge to be read; after∣wards you may be heard. The Charge was read, as followeth:

The Charge against King Charles the First, January 20. 1648.

* 14.1THat the said CHARLES STUART, being admitted King of England, and therein trusted with a limited power to govern by, and according to the Laws of the Land, and not otherwise: And by his Trust, Oath, and Office: being obliged to use the power committed to him, For the good and benefit of the People, and for the preservation of their Rights and Liberties; yet ne∣vertheless, out of a wicked design, to erect and uphold in himself an unlimited and tyrannical power, to rule according to his Will, and to overthrow the Rights and Liberties of the People: Yea, to take away, and make void the foundations thereof, and of all redress and remedy of mis-government, which by the fundamen∣tal Constitutions of this Kingdom, were reserved on the peoples behalf, in the right and power of frequent and successive Parlia∣ments, or National meetings in Councel; He, the said Charles Stuart, for accomplishment of such his Designs, and for the pro∣tecting of himself and his Adherents, in his and their wicked Practises to the same Ends, hath traiterously and malitiously le∣vied War against the present Parliament, and the People therein Represented.

Particularly, upon or about the thirtieth day of June, in the year of our Lord, one thousand six hundred forty and two, at Beverley, in the County of York; and upon, or about the thirtieth day of July, in the year aforesaid, in the County of the City of York: and upon, or about the twenty fourth day of August, in the same year, at the County of the Town of Nottingham, (when, and where he set up his Standard of War, and also on or about the twenty third day of October in the same year, at Edgehill, and Keinton-field, in the County of Warwick: and upon or about the thirtieth day of November, in the same year, at Brainford, in the County of Middlesex: and upon, or about the thirtieth day of August, in the year of our Lord, one thousand six hundred fourty and three, at Cavesham-bridge, neer Reading, in the County of Berks: and upon, or about the thirtieth day of October, in the year last mentioned, at, or neer the City of Glou∣cester:

And upon, or about the thirtieth day of November, in the year last mentioned, at Newbury, in the County of Berks: And upon, or about the one and thirtieth day of July, in the year of our Lord, one thousand six hundred forty and four, at Cropredy-bridge, in the County of Oxon: And upon, or about the thir∣tieth day of September, in the year last mentioned, at Bodmin, and other places neer adjacent, in the County of Cornwall: And up∣on, or about the thirtieth day of November, in the year last men∣tioned, at Newbury aforesaid: And upon, or about the eighth day of June, in the year of our Lord, one thousand six hundred forty and five, at the Towne of Leicester: And also, upon the fourteenth day of the same moneth, in the same year, at Naseby-field, in the County of Northampton. At which several times and places, or most of them, and at many other places in this Land, at several other times, within the years aforementioned: And in the year of our Lord, one thousand six hundred forty and six, He, the said Charles Stuart, hath caused and procured many thousands of the free-people of the Nation to be slaine; and by Divisions, Parties, and Insurrections, within this Land, by in∣vasions from forraigne parts, endeavoured and procured by Him, and by many other evill waies and meanes. He the said Charles Stuart, hath not only maintained and carried on the said Warre, both by Land and Sea, during the years before mentioned, but also hath renewed, or caused to be renewed, the said Warre a∣gainst the Parliament, and good people of this Nation, in this present yeare, one thousand six hundred forty and eight, in the Counties of Kent, Essex, Surrey, Sussex, Middlesex, and many other Counties and places in England and Wales, and also by Sea. And particularly, He the said Charles Stuart, hath for that pur∣pose, given Commissions to his Sonne, the Prince, and others, whereby, besides multitudes of other Persons, many such, as were by the Parliament intrusted and employed, for the safety of the Nation; being by Him or his Agents, corrupted; to the betray∣ing of their Trust, and revolting from the Parliament, have had entertainement and commission, for the continuing and renew∣ing of Warre, and Hostility, against the said Parliament and People, as aforesaid. By which cruell and unnaturall Warres by Him, the said Charles Stuart, levyed, continued▪ and renewed, as

aforesaid, much Innocent bloud of the Free-people of this Na∣tion hath been spilt, many Families have been undone, the Pub∣lique Treasury wasted and exhausted, Trade obstructed, and mi∣serably decayed, vast expence and damage to the Nation incur∣red, and many parts of the Land spoyled, some of them even to desolation.

And for further prosecution of His said evill Designes, He, the said Charles Stuart, doth still continue his Commissions to the said Prince, and other Rebels and Revolters, both English and Forraigners; and to the Earle of Ormond, and to the Irish Re∣bels and Revolters, associated with him; from whom further Invasions upon this Land are threatned, upon the procurement, and on the behalf of the said Charles Stuart.

All which wicked Designes, Warrs, and evill practises of Him, the said Charles Stuart have been, and are carried on, for the ad∣vancing and upholding of the Personall Interest of Will and Power, and pretended prerogative to Himself and his Family, against the publique Interest, Common Right, Liberty, Justice, and Peace of the people of this Nation, by, and for whom He was entrusted, as aforesaid.

By all which it appeareth, that He, the said Charles Stuart hath been, and is the Occasioner, Author, and Contriver of the said unnaturall, cruell, and bloudy Warrs, and therein guilty of all the treasons, murthers, rapines, burnings, spoiles, desolations, damage and mischief to this Nation, acted or committed in the said Warrs, or occasioned therby.

And the said John Cook, by Protestation (saving on the behalfe of the people of England, the liberty of Exhibiting at any time hereafter, any other Charge against the said Charles Stuart; and also of replying to the Answers which the said Charles Stuart shall make to the premises, or any of them, or any other Charge that shall be so exhibited) doth for the said treasons and crimes, on the behalf of the said people of England, Impeach the said Charles Stuart, as a Tyrant, Traytor, Murtherer, and a publique and implacable Enemy to the Common-wealth of England: And pray, that the said Charles Stuart, King of England, may be put to answer all and every the premises, That such Proceedings, Ex∣aminations, Tryals, Sentence, and Judgment may be thereupon had, or shall be agreeable to Justice.

The King smiled often during the reading of the Charge, especially at these words: Tyrant, Traytor, Murderer, and pub∣lique Enemy of the Commonwealth.

President.

Sir, you have now heard your Charge, you finde that in the close of it, it is prayed to the Court in behalfe of the Com∣mons of England, that you answer to your Charge, which the Court expects.

King.

I would know by what power I am called hither? I was not long ago in the Isle of Wight, how I came there is a longer story, then I think fit at this time for me to speak: But there I entred into a Treaty with both Houses of Parliament, with as much faith as is possible to be had of any People in the World: I Treated there with a number of Honourable Lords and Gentlemen, and treated ho∣nestly and uprightly, I cannot say but that they did very nobly with Me: We were upon a Conclusion of the Treaty. Now I would know by what lawful Authority (there are many unlawfull Authorities, Thieves and Robbers on the High-way) I was brought from thence, and carried from place to place? (and I know not what) and when I know by what lawfull Authority, I shall Answer. Remember I am your King, your lawfull King, and what sinns you bring upon your own heads, and the judgment of God upon this Land, think well upon it, think well upon it, I say, before you go on from one sinne to a greater; therefore let me know by what lawfull Authority I am seated here? and I shall not be unwilling to Answer. In the meane time I shall not betray My Trust: I have a trust committed to Me by God, by old and lawfull descent; I will not betray it to answer to a new unlawfull Authority.

Bradshaw Pres.

If you had been pleased to have observed what was hinted to you by the Court at your first comming hither, you would have known by what Authority: which Authority requires you in the name of the People of England, of whom you are Elected KING, to answer them.

King.

I deny that.

Bradsh.

If you acknowledge not the Authority of the Court, they must proceed,

King.

I do tell them so, England was never an Elective King∣dome, but an Hereditary Kingdome, for neer these thousand yeares: Therfore let Me know by what lawfull Authority I am called hither?

I do stand more for the Liberty of My People then any here that come to be My pretended Judges: and therefore let Me know by what lawfull Authority, and I will Answer, otherwise I will not Answer.

Bradsh.

Sir, How really you have managed your Trust is known: your way of Answer is to interrogate the Court, which beseems not you in this condition you have been told of it twice or thrice.

King.

Here is Lieut. Colonell Cobbet, aske him, if he did not bring Me from the Isle of Wight by force? I do not come here as submitting to the Court; I will stand as much for the Priviledg of the House of Commons, rightly understood, as any man here whatsoever; I see no House of Lords here that may constitute a Parliament, and (the King too) should have been. Is this the bringing the King to His Parliament? Is this the bringing an end to the Treaty on the publique Faith? Let Me see a Lawfull Authority warranted by the Word of God, the Scriptures, or by the constitutions of the King∣dome. I will not betray My Trust, nor the Liberties of the People; I am sworne to keep the Peace by that duty I owe to God, and My Country: and I will do it to the last breath in My body. As it is a sinne to withstand lawfull Authority, so it is to submit, to a Tyran∣nical, or any otherwise unlawfull Authority.

Bradsh.

The Court expects your finall Answer, and will adjourne till Munday next:* 14.2 we are satisfied with our Authority that are your Judges, and it is upon Gods Authority, and the Kingdomes; and that peace you speak of will be kept in doing Justice, and that's our present work. So the Court adjourned, and the King was conducted back;* 14.3 They had so contrived it, that diverse Schismaticall Souldiers, and Fellowes were placed round about the Court, to cry Justice, Justice, when the King was remanded, thinking all the rest of the people would have bleated to the same tune, but they (almost all) cryed God blesse Him, and were (some of them) well cudgelled by the Souldiers for not saying their prayers hand∣somely after the mode of the Army; one barbarous Souldier (it is confidently reported) spat in the Kings Face as he bauled for Justice:* 14.4 The King only saying, My Saviour suffered more for my sake, wiped it off with His Handkerchief, yet the Court took no notice of this Affront, so farre was His Majesty already fore-judged and condemned to Sufferings.

Munday, January 22.* 14.5 The KING was brought again to His Tryall.

Solicitour Cock.

May it please your Lordship, I did at the last Court in behalf of the Commons of England, exhibite, and give in to this Court a charge of high Treason, and other High crimes against the Prisoner at the Bar: whereof I do accuse him in the name of the people of England, and the charge was read unto Him, and his Answer required: My Lord, He was not then pleased to give an Answer, but instead of answering did dispute the Authority of this High Court; My humble motion to this High Court in behalf of the Kingdome of England, is, That the Prisoner may be directed to make a positive Answer, either by way of confession, or Negation: which, if He shall refuse to do, That the matter of charge may be taken pro confesso, and the Court may proceed according to Justice.

Bradsh.

Sir, you may remember at the last Court you were told the occasion of your being brought hither, and you heard a charge read against You, &c. You hear likewise what was prayed in behalf of the People, That you should give an Answer to that charge: You were then pleased to make some scruples concerning the Autho∣rity of this Court, and knew not by what Authority You were brought hither: You did diverse times propound your Questions, and were as often Answered, That it was by Authority of the Commons of England, Assembled in Parliament, that did think fit to call You to account for those High and capitall Misdemeanours, wherewith You were then charged. Since that the Court hath taken into considera∣tion what You then said, they are fully satisfied with their own Au∣thority, and they hold it fit You should stand satisfied therewith too: And they do require that you do give a positive and particular Answer to this Charge exhibited against You; they expect you should either confess or deny. If you do deny,* 14.6 it is offered in the behalf of the King∣dome to be made good against You, Their Authority they do avow to the whole world, that the whole Kingdome are to rest satisfied there∣in, and You are to rest satisfied in it; and therfore You are to give a positive Answer.

King,

When I was here last, its true, I made that Question; and truly, if it were only my owne particular case, I would have satisfied My selfe with the Protestation I made here the last time, against the

Legality of this Court, and that a King cannot be tryed by any Su∣periour Jurisdiction upon Earth: but it is not my case alone, it is the Freedome, and the Liberties of the People of England, and (do you pretend what you will) I stand more for their Liberties; for if Power without Law may make Lawes, nay, alter the Fundamental Lawes of the Kingdome, I do not know what Subject he is in Eng∣land that can be sure of his Life, or any thing that he calls his own. Therefore, when I came hither, I did expect particular Reasons to know by what Law, what Authority, you proceed against me here? and therfore I am a little to seek what to say to you in this Particu∣lar, because the Affirmative is to be proved, the Negative (often) is very hard to do. I shall tell you My Reasons as short as I can. All proceedings against any man whatsoever —

Bradsh.

Sir, I must interrupt You; what You do is not agre∣able to the proceedings of any Court of Justice:* 14.7 You are about to en∣ter into Argument and Dispute concerning the Authority of this Court, before whom You appear as a Prisoner, and are charged as a High Delinquent; You may not Dispute the Authority of this Court, nor will any Court give way unto it, You are to submit to it, &c.

King.

Ʋnder favour; I do plead for the Liberty of the people of England more then you do; and therfore, If I should impose a beleefe upon any man without Reasons given, it were unreason∣able—

Bradsh.

* 14.8Sir, I must interrupt You: You may not be permitted, You speak of Law and Reason, and there is both against you. Sir, The Vote of the Commons of England assembled in Parliament, is the reason of the Kingdome, and they are those that have given You that Law, according to which you should have Ruled and Raigned; Sir, It will be taken notice of, that you stand in contempt of the Court, and Your contempt will be recorded accordingly.

King.

I do not know how a King can be a Delinquent, but by all Laws that ever I heard, all men may put in Demurrers against any proceedings as Illegall: and I do demand that, if you deny that, you deny Reason.

Bradsh.

* 14.9Sir, Neither You, nor any Man are permitted to Dispute

that Point, You are concluded; You may not demurr to the Juris∣diction of the Court, if You do, I must let you know, that they over∣rule Your demurrer, they sit here by the Authority of the Commons of England; and all Your Predecessours and You, are responsible to them.

King.

I deny that, shew Me one President.

Bradsh.

Sir, You ought not to interrupt while the Court is speak∣ing to you: this point is not to be debated by you, if you offer it by way of Demurrer, to the Jurisdiction of the Court, they have consider∣ed of their Jurisdiction, they do affirme their own Jurisdiction.

King.

I say Sir, by your favour, That the Commons of England were never a Court of Judicature: I would know how they came to be so?

Bradsh.

Sir, you are not to be permitted to go on in that Speech, and these discourses.

Then the Clerke of the Court read, as followeth:

Charles Stuart, King of England, you have been accused in the behalfe of the people of England, of High Treason, and other high crimes, the Court hath determined that you ought to answer the same.

King.

I will Answer the same so soone as I know by what Autho∣rity you do this.

Bradsh.

If this be all that you will say, then Gentlemen, you that brought the Prisoner hither, take charge of Him back again.

King.

I do require that I may give My Reasons why I did not Answer, and give Me time for that.

Bradsh.

Sir, 'Tis not for Prisoners to require.

King.

Prisoners! Sir, I am not an ordinary Prisoner.

Bradsh.

The Court have affirmed their Jurisdiction, if You will not Answer, We shall give order to Record your default.

King.

You never heard my Reasons yet.

Bradsh.

Sir, Your Reasons are not to be heard against the highest Jurisdiction.

King.

Shew Me that Jurisdiction where Reason is not to be heard?* 14.10

Bradsh.

Sir, we shew it you here, the Commons of England, and the next time you are brought, You will know more of the pleasures of Court, and it may be, their finall Determination.

King.

Shew Me where ever the House of Commons was a Court of Judicature of that kind.

Bradsh.

Sergeant, take away the Prisoner.

King.

Well Sir, Remember that the King is not suffered to give in His Reasons, for the liberty and freedome of all His Subjects.

Bradsh.

Sir, You are not to have liberty to use this language, how great a Friend You have been to the Lawes and Liberties of the People, let all England and the world judge.

King.

Sir, under favour, it was the Liberty, Freedome, and Laws of the Subject that ever I took —defended My selfe with Armes, I never took up Armes against the People, but for the Laws.

Bradsh.

The command of the Court must be obeyed, no Answer will be given to the Charge.

So the King was guarded forth to Sir Robert Cottons, and the Court adjourned to the Painted-Chamber, Tuesday twelve a Clock.

* 14.11Tuesday, January 23. The Court sate againe, seventy three Commissioners present.

The King brought into the Court, sits downe.

Solicit. Cook.

May it please your Lordship my Lord President, This is now the third time that by the great grace and favour of the Court, the Prisoner hath been brought to the Bar, before any Issue joyned in this Case. My Lord, I did at the first Court exhibite a Charge against Him, containing the highest Treason that ever was wrought on the Theater of England, That a King of England trusted to keep the Law, that had taken an Oath so to do, that had Tri∣bute payed Him for that end, should be guilty of a wicked De∣signe to subvert and destroy our Lawes, and introduce an Arbi∣trary and Tyrannicall Government in defiance of the Parlia∣ment and their Authority; set up His Sandard for Warre, a∣gainst his Parliament and People: and I did humbly pray in be∣half of the People of England, That he may speedily be required to make an Answer to the Charge; but, my Lord, in stead of ma∣king any Answer, He did then dispute the Authority of this High Court; your Lordship was pleased to give Him a further day to put in His Answer, which day being yesterday: I did humbly move, That He might be required to give a direct and positive Answer, either by denying, or confessing of it; But, my Lord, He was then plea∣sed

to demur to the Jurisdiction of the Court, which the Court did then over-rule, and command Him to give a direct and positive Answer: My Lord, besides this great delay of Justice, I shall now humbly move your Lordship for speedy Judgement against Him: I might presse your Lordship upon the whole, That according to the knowne rul••s of the Lawes of the Land; that if a Prisoner shall stand contumacious in contempt, and shall not put in an Issuable Plea, guilty or not guilty of the charge given against him, whereby he may come to a faire Triall, that by an implicite confession it may be taken, pro confesso; as it hath been done to those who have deserved more favour, than the Prisoner at the Bar hath done. But besides, my Lord, I shall humbly presse your Lordship upon the whole fact,* 14.12 That the House of Commons, the Supreme Authority and Jurisdiction of the Kingdome, they have declared, That it is notorious that the matter of the charge is true; as it is in truth my Lord, as cleare as crystall; and as the Sun that shines at noone-day; which if your Lord∣ship and the Court be not satisfied in, I have notwithstanding on the Peoples behalf, severall Witnesses to produce; and therefore I do humbly pray, (and yet I do confesse, it is not so much I, as the Inno∣cent bloud that hath been shed: (the cry whereof is very great) for Justice and Judgement) and therefore I do humbly pray, that speedy Judgment be pronounced against the Prisoner at the Bar.

Bradshaw.

Sir, You have heard what is moved by the Councel on behalfe of the Kingdome against you; you were told over and over againe, That it was not for you, nor any other man to dispute the Jurisdiction of the Supreme and highest Authority of England, from which there is no appeal, and touching which there must be no dispute; yet you did persist in such carriage as you have no manner of obedience, nor did you acknowledge any authority in them; nor the high Court that constituted this high Court of Justice: Sir, I must let you know from the Court, that they are very sensible of these de∣laies of Yours, and that they ought not (being thus Authorized by the Supreme Court of England) be thus trifled withall, and that they might in Justice, and according to the rules of Justice, take advantage of these delayes, and proceed to pronounce Judgment against you, yet neverthelesse they are pleased to give direction, and on their behalf, I do require you, That You make a positive An∣swer unto this charge that is against you, in plaine Tearmes (for

Justice, knowes no respect of Persons) you are to give your positive and finall Answer in plaine English, whether you be guilty or not guilty of these Treasons laid to your charge.

King.

When I was here Yesterday, I did desire to speak for the Liberties of the people of England, I was interrupted; I desire to know yet, whether I may speak freely, or not?

Bradsh.

Sir, You have had the resolution of the Court, upon the like question the last day, and you were told, that having such a charge of so high a nature against you, Your work was, that you ought to acknowledge the Jurisdiction of the Court, and to answer to your charge; when you have once Answered, you shall be heard at large, make the best defence You can: But Sir, I must let you know from the Court, (as their commands) That You are not to be permitted to Issue out into any other di••••••••••ses till such time as You have given a positive answer concerning the matter charg'd upon you.

King.

For the charge I value it not a Rush, it is the Liberty of the people of England that I stand for; for Me to acknowledge a new Court that I never heard of before, I that am your KING, that should be an example to all the people of England, to uphold Justice, to maintaine the old Lawes, Indeed, I do not know how to do it: you spoke well the first day that I came here, (on Saturday) of the Obligations that I had laid upon me by God, to the main∣tenance of the Liberties of my people, the same Obligation you spake of, 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; therefore untill that I may know, that this is not a∣gainst the fundamentall Lawes of the Kingdome, I can put in no particular Answer, if you will give Me time I will shew you My Reasons, and this—here being interrupted, the King said again,* 14.13 By your favour, you ought not to interrupt Me, How I came here I know not; there's no Law for it to make your King your Prisoner; I was in a Treaty upon the publique Faith of the Kingdom, that was the known—two Houses of Parliament, that was the Re∣presentative of the Kingdome, and when I had almost made an end of the Treaty, then I was hurried away and brought hither, and therfore-

Bradsh.

Sir, You must know the pleasure of the Court.

King.

By your favour Sir—

Bradsh.

Nay Sir, by your favour, You may not be permitted to fall into those Discourses: You appear as a Delinquent, You have not acknowledged the Authority of the Court, the Court craves it not of You, but once more they command You to give your positive Answer. Clerke do your Duty.

King.

Duty Sir!

The Clerke reads.

Charles Stuart, King of England, You are accused in behalfe of the Commons of England of diverse high Crimes and Treasons; which Charge hath been Read unto You, The Court now requires You to give Your positive and finall Answer, by way of confession or deniall of the Charge.

King.

Sir, I say againe to you, so that I may give satisfaction to the People of England, of the clearnesse of My proceedings, not by way of answer, not in this way, but to satisfie them that I have done nothing against that Trust that hath been committed to Me, I would do it; but to acknowledge a New Court against their Privi∣ledges, to alter the fundamentall Lawes of the Kingdome, Sir, you must excuse me,

Bradsh.

Sir, This is the third time that You have publiquely disa∣vowed this Court and put an affront upon it: how far You have preser∣ved the priviledges of the people, Your actions have spoken, 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 understand the pleasure of the Court; Clerke Record the default; and Gentlemen, you that took charge of the Prisoner take Him back againe. So the King went forth with His Guards, and the Court adjourned to the Painted Chamber; the Cryer (as at other times) crying, God blesse the Kingdome of England.* 14.14

Saturday, 27. Jan. 1648. The Court sate again in Westminster∣hall, the President was in his Scarlet Robes, after him 67. Commis∣sioners answered to their Names; The King came in, in His

wonted posture with his Hat on, a Company of Souldiers and Schismaticks placed about the Court to cry for Justice, Judge∣ment, and Execution, The people not daring to cry God blesse Him, for fear of being againe beaten by the Souldiers.

Bradsh.

Gentlemen, it is well knowne to all, or most of you here present, that the Prison••r at the Bar hath been severall times con∣vented, and brought before this Court, to make Answer to a charge of High Treason, and other high crimes exhibited against Him, in the Name of the people of England; to which charge being required to Answer, He hath been so far from obeying the commands of the Court, by submitting to their Justice, as He began to take upon Him Reasoning and Debate unto the Authority of the Court, And to the Highest Court that appointed them to Trie and to Judge Him; but being over-ruled in that, and required to make His Answer, He still continued contumacious, and refused to submit to Answer. Hereupon the Court (that they may not be wanting to themselves, nor the Trust reposed in them, nor that any mans willfulnesse prevent Justice) they have considered of the charge, of the contumacy, and of that confession which in Law doth arise on that contumacy, they have likewise considered the notiority of the Fact charged upon this Prisoner; and upon the whole matter, they are resolved, and have agreed upon a Sentence to be pronounced against this Prisoner, but in respect He doth desire to be heard before the Sentence be Read, and pronounced, the Court hath resolved to hear Him; yet Sir, thus much I must tell you beforehand, (which you have been minded of at other Courts) that if that which you have to say, be to offer any debate concerning the Jurisdiction, You are not to be heard in it: You have offered it formerly, and you have struck at the root, that is, the Power and Supreme Authority of the Commons of England, which this Court will not admit a Debate of: and which indeed is an irrationall thing in them to do, being a Court that act upon Authority derived from them. But Sir, if you have any thing to say in defence of your self concerning the matter charged, the Court hath given me in com∣mands to hear You.

King.

Since I see that you will not heare any thing of debate con∣cerning that which I confesse I thought most materiall, for the peace of the Kingdome, and for the liberty of the Subject, I shall wave it; but only I must tell you, that this many a day all things have been taken

away from Me, but that, that I call dearer to Me than My life, which is My Conscience 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 should have made a particular defence for My life, for by that at leastwise, I might have delayed an ugly Sentence, which I believe will passe upon Me, therefore certainly Sir, as a man that hath some understanding, some knowledge of the world (if that my true zeale to my Country had not overborne the care that I have for My owne preservation) I should have gone another way to worke than that I have done: Now Sir, I conceive that a hasty Sentence once passed may sooner be repented of than recalled; and truely, the self-same desire that I have for the peace of the Kingdome and the liberty of the Subject, more than My owne particular ends, makes Me n••w at last desire, that I having something to say that concerns both, I desire, before Sentence be given, that I may be heard in the Painted-Chamber before the Lords and Commons, this delay cannot be prejudiciall to you, whatsoever I say, if that I say no reason those that heare Me must be Judges, I cannot be Judge of that that I have: if it be reason, and really for the welfare of the Kingdome, and the liberty of the Subject, I am sure 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 pas∣sed; but if I cannot get this Liberty, I do protest that your faire shewes of Liberty and Peace are pure shewes, and that you will not heare your King.

The President said, This was a declining the Jurisdiction of the Court, and delay: Yet the Court withdrew for half an hower, advised upon it, and sat againe.

Bradshaw said to the King, That the Court had considered what He had moved, and of their owne Authority; the returne from the Court is this, That they have been too much delayed by You al∣ready, and they are Judges appointed by the highest Authority, and Judges are no more to delay, than they are to deny Justice; and notwithstanding what You have offered, they are resolved to proceed to Sentence, and to Judgement, that is their unani∣mous resolution.

The King pressed again and again, that He might be heard by

the Lords and Commons in the Painted Chamber, with great ear∣nestnesse, and was as often denied by Bradshaw: at last, the King desired that this Motion of His might be entered.

Bradshaw began in a long Speech to declare the Grounds of the Sentence, much aggravating the Kings offences, and misap∣plying both Law and History to his present purpose: When Bradshaw had done speaking, the Clerke read the Sentence drawn up in Parchment to this effect:

* 15.1THat wheras the Commons of England in Parliament had appoin∣ted them an high Court of Justice for the Trial of Charls Stuart King of England, before whom He had been three times convented; and at the first time a charge of High Treason and other high crimes and misdemeanors was read in behalfe of the Kingdome of Eng∣land, &c.* 15.2 Which charge being read unto Him as aforesaid, He the said Charls Stuart was required to give His Answer; but He repused so to do: and so expressed the severall passages at His Try∣all in refusing to Answer. For all which Treasons and crimes this Court doth adjudge, That He the said Charls Stuart as a Tyrant, Traytour, Murtherer, and a publique Enemy shall be put to Death, by severing of His Head from His Body.

After the Sentence read, the President said, This Sentence now read and published, it is the Act, Sentence, Judgment, and resolution of the whole Court; Here the whole Court stood up, as assenting to what the President said.

King.

Will you heare Me a word Sir?

Bradshaw.

Sir, You are not to be heard after the Sentence.

King.

No Sir!

Bradshaw,

No. Sir, by your favour Sir! Guard, withdraw our Prisoner.

King.

I am not suffered to speak; expect what Justice other people will have.

These are the Names of such Persons as did actually sit as Judges upon the Tryall of His Majesty, with the Councel and Attendance of the Court.

• Oliver Cromwel, L. Gen.
• Com. Gen: Ireton.
• Major Gen. Skippon.
• Sir Hardresse Waller.
• Col. Thomas Harrison.
• Col. Edward Whalley.
• Col. Thomas Pride.
• Col. Isaac Ewer.
• Col. Rich. Ingelsby.
• Sir Henry Mildmay.
• Thomas, Lord Grey.
• Philip, Lord Lisle.
• Will. Lord Munson,
• Sir John Danvers.
• Sir Tho. Maleverer.
• Sir John Bowcher.
• Sir James Harrington.
• Sir William Brereton.
• Will. Henningham, Esq.
• Isaac Pennington, Ald.
• Thomas Atkins, Ald.
• Col. Rowland Wilson.
• Sir Peter Weentworth.
• Col. Henry Martyn.
• Col. William Purefoy.
• Col. Godfrey Bosvill.
• Col. John Berkstead.
• Sir Will. Cunstable.
• Col. Edward Ludlow.
• Col. Jo. Hutchingson.
• Col. Robert Titchburne.
• Col. Owen Roe.
• Col. Adriaen Scroop.
• Col. John Oky.
• Col. John Harrison.
• Col. John Desborough.
• Cornelius Holland, Esq.
• Miles Corbet, Esq.
• Francis Allen, Esq.
• Peregrin Pelham, Esq.
• John Gourdon, Esq.
• Serj. Francis Thorp.
• Tho. Challoner, Esq.
• Col. John Moore.
• John Aldred, Esq.
• Col. Francis Lassels.
• Henry Smith, Esq.
• James Chaloner, Esq.
• Dennis Bond, Esq.
• Humph. Edwards, Esq.
• Gregory Clement, Esq.
• John Fray, Esq.
• Tho. Wogan, Esq.
• Sir Greg. Norton.
• Serj. John Bradshaw.
• Col. Edm. Harvey.
• John Dove, Esq.
• Col. John Venn.
• John Foulks, Alder.
• ...Thomas Scot.
• Tho. Andrews, Alder.
• William Cawley, Esq.
• Col. Anthony Stapley.
• John Lisle, Esq.
• John Corbet, Esq.
• Thomas Blunt, Esq.
• Thomas Boone, Esq.
• Col. George Fleetwood.
• Col. James Temple.
• Sir Peter Temple.
• Col. Thomas Wayte
• John Browne, Esq.
• William Say, Esq.
• Col. Matth. Thomlinson.
• ...John Blackston.
• ...Gilb. Millington.
• ...Abraham Barrell.
• Col. Jo. Downes.
• ...Norton.
• L. Gen. Tho. Hammond.
• ...Nich. Love.
• ...Vincent Potter.
• ...Augustine Garland.
• Sir Miles Lyvesey.
• ...Jo. Dixwell.
• ...Simon Mayne.
• ...Daniel Blagrave.
• Col. Robert Lylburne.
• Col. Rich. Deane.
• Col. Huson.
• L. Col W. Goffe.
• Master Carewe.
• ...Jo. Joanes.
• Mr. Bradshaw nomi∣nated President.
• Counsellours assistant to this Court, and to draw up the Charge against the KING, are,
  • Doctor Dorislaus.
  • Master Aske.
  • Master Cooke.
  • Serjeant Dandy, Serje∣ant at Armes.
  • Mr. Philips Clerke to the Court.
• Messengers, and Dore∣keepers, are, Master Walfard. Mr. Radley Mr. Paine. Mr. Powell. Mr. Hull. and M. King Crver.

* 15.3This is a Relation of his Majesties Tryall by a mixed Court of Justice erected by 50. or 60. confederate Members of the House of Commons, sitting under the power of the Army, after all the rest of the Members above 250. had been violently secured, se∣cluded, and frighted away. And in order to this designe against the King, the House of Peers ••••••d downe, and yet the House of Commons (when intire) ••s 〈◊〉〈◊〉 Court of Judicature, nor can give an Oath. Had indifferent 〈◊〉〈◊〉 been permitted to take Notes, you had had a more perfect narrative; yet as it is, truth shines forth to the confusion of this bloudy, cheating, Tyrannicall fa∣ction: could they have wrought the King to have submitted to the Jurisdiction of this Arbitrary Court, His example should have been urged as an irrefragable Precedent against the lives and liberties of the whole Kingdome, and urged to be of as great Authority, as if He had established 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 some other Arbitrary bloudy Inquisition to cut off the lives (without Law) of such as they desire to remove, without which this Tyrannous Kingdome of the Saints, or Brambles, cannot subsist; And therefore on Thursday, 2. February, Cromwell and Ireton, and their canniball Counsell of Officers projected to get an Act passed by their House of Commons (where all their requests, are commands) to enable the said Councel to hang all such as they shall adjudge Disturbers of the Army,* 15.4 although no Members of the Army: they must have publique Slaughter-houses in terrorem, as well as private ad poenam, the nature of their cause, and their naturall conditions requiring it. Oliver is a Bird of prey, you may know by his Bloudy Beake; so was his Prodomus that Type and fi∣gure of him, John of Leyden; than whom, this Fellow will short∣ly prove farre more bloudy: you see this schismaticall remnant of one House, have the impudence to usurp the Supreme Autho∣rity to themselves: And then to tell you, that the Votes of this petty conventicle (calling themselves the Commons) are the Law, nay the Reason of the Land, thereby divesting us of those Lawes which shall distinguish us from Slaves, and denying us the use of our reason, whereby we are differenced from Beasts, and

expecting an implicite faith and blind obedience from us, to all the Votes of this half-quarter of an House of Commons, so farre that they Vote obedience to the known Lawes (in many cases) to be Treason, and what all our Lawes call Treason, they Vote no Treason: nay, should they vote a Turd to be a Rose, or Oli∣v••rs Nose a Ruby, they would expect we should sweare it, and fight for it. This legislative Den of Thieves erect new Courts of Justice, neither founded upon Law nor Prescription, Theaters of illegal tyranny and oppression, to take away mens lives Arbitra∣rily, for Actions which no Law makes criminous, nay, for such acts as the Lawes command, where their proceedings are con∣trary to Magna Charta, and all our known Lawes and usages, not per probos & legales homines, no Juries, no sworn Judges, authentically chosen, no Witnesses face to face, no formal In∣dictment in which a man may find errour, and plead to the ju∣risdiction of the Court; or where the Court ought to be of Councel with the Prisoner: but the same engaged and vowed Enemies, are both Parties, Prosecutors, Witnesses, Judges, (or Authorizers and Nominators of the Judges) Actors of all parts upon that stage of blood.

The King pressed earnestly (especially upon Monday, 22. Jan.) to have his Reasons against the Jurisdiction of the Court heard, but was as often denied, He intended then to give them in wri∣ting, which was likewise rejected, so they were sent to the Presse. A true Copie whereof followes:

His Majesties Reasons against the pretended Jurisdiction of the High Court of Justice, which he intended to deliver in Writing on Monday, Jan. 22. 1648.

Faithfully transcribed out of the Original Copy under the Kings own hand.* 16.1

HAving already made my Protestations not only against the Illegality of this pretended Court, but also that no earthly power can justly call Me (who am your King) in question as a Delinquent, I would not any more open My mouth upon this ocasion, more then to refer my self to what I have spoken, were I alone in this case concerned. But the duty I owe to God in the

preservation of the true Liberty of my people, will not suffer Me at this time to be silent: For, how can any free-borne Sub∣ject of England call life or any thing he possesseth 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 present case. Wherefore when I came hither, I expected that you would have endeavoured to have satisfied Me concerning these grounds, which hinder Me to answer to your pretended Impeachment; but since I see that nothing I can say will move you to it (though Negatives are not so naturally proved as Affirmatives) yet I will shew you the Reason why I am confident you cannot judge Me, nor indeed the meanest man in England; for I will not (like you) without shewing a Reason, seek to impose a beliefe upon My Subjects.

* 16.2There is no proceeding just against any man, but what is war∣ranted either by Gods Lawes, or the municipall Lawes of the Country where he lives. Now I am most 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 strictly commanded both in the Old and New Testa∣ment; which if denyed, I am ready instantly to prove: and for the question now in hand, there it is said, That where the word of a King is, there is Power; and who may say unto him, what doest thou? Eccles. 8.4. Then for the Lawes of the Land, I am no lesse confident, that no learned Lawyer will affirme that an Impeach∣ment can lye against the KING, they all going in His Name; and one of their Maxims is, That the King can do no wrong. Be∣sides, the Law upon which you ground your proceedings, must either be old or new; if old, shew it; if new, tell what autho∣rity warranted by the fundamental Lawes of the Land hath made it, and when. But how the House of Commons can erect a Court of Judicature, which was never one it self (as is well known to all Lawyers) I leave to God and the World to judge; And it were full as strange that they should pretend to make Lawes without King or Lords House, to any that have heard speak of the Lawes of England.

And admitting, but not granting, that the People of Englands Commission could grant your pretended power, I see nothing

you can shew for that; for certainly you never asked the questi∣on of the tenth man of the Kingdome, and in this way you ma∣nifestly wrong even the poorest Plough-man, if you demand not his free consent, nor can you pretend any colour for this your pretended Commission without the consent at least of the ma∣jor part of every man in England, of whatsoever quality or con∣dition, which I am sure, you never went about to seek, so farre are you from having it. Thus you see that I speak not for My owne right alone, as I am your King, but also for the true Liber∣ty of all My Subjects, which consists not in sharing the power of Government, but in living under such Lawes, such a Government as may give themselves the best assurance of their lives and pro∣priety of their goods. Nor in this must or do I forget the pri∣viledges of both Houses of Parliament, which this daies pro∣ceedings doth not only violate, but likewise occasion the grea∣test breach of their publike Faith (I believe) ever was heard of, with which I am farre from charging the two Houses: for all the pretended crimes laid against Me, beare date long before this late Treaty at Newport, in which I having concluded as much as in Me lay, and hopefully expecting the two Houses a∣greement thereunto. I was suddenly surprised, and hurried from thence as a Prisoner, upon which accompt I am against my will brought hither, where since I am come, I cannot but to My power defend the ancient Laws and Liberties of this Kingdome, together with My owne just Right, then for any thing I can see the higher House is totally excluded.

And for the House of Commons, it is too well knowne that the major part of them are detained or deterr'd from sitting, so as if I had no other, this were sufficient for Me to protest against the lawfullnesse of your pretended Court.

Besides all this, the peace of the Kingdome is not the least in My thoughts, and what hopes of Settlement is there so long as power reigns without rule of Law, changing the whole frame of that Government under which this Kingdome hath flourished for many hundred years, (nor will I say what will fall out in case this lawlesse unjust proceeding against Me do go on) and believe it the Commons of England will not thank you for this change, for they will remember how happy they have been of late yeares

under the Reign of Queen Elizabeth, the King my Father, and My self, until the beginning of there unhappy troubles, and will have cause to doubt that they shall never be so happy under any new. And by this time it will be too sensibly evident, that the Armes I took up were onely to defend the fundamental Lawes of this Kingdom, against those who have supposed My power hath totally changed the ancient Government.

Thus having shewed you briefly the Reasons, why I cannot submit to your pretended Authority without violating the trust which I have from God, for the welfare and liberty of My People; I expect from you either clear Reasons to convince My judgment, shewing Me that I am in an errour (and then truly I will readily answer) or that you will withdraw your proceedings.

This I intended to speak in Westminster-hall on Munday, 22. January, but against reason was hindered to shew My Reasons.

* 16.3The 27. Jan. The Commons read the Act for Altering the formes of Writs, and other proceedings in Courts of Justice, which (according to all our known Laws, the custome of all A∣ges, and the fundamental Government of this Kingdome) ever ran in the Kings Name. This Act upon the Question was assented to, and no concurrence of the Lords desired, of this more here∣after.

* 16.4The Junto of 50. or 60. Commons appointed a Committee to pen a Proclamation, That if any man should go about to Pro∣claim Prince Charles, or any of that line King of England (after the removal of King Charles the Father out of this life,) as is u∣sually, and ought to be done by all Mayors, Bayliffs of Corporati∣ons, High-Sheriffs, &c. under high penalties of the Law for their neglect) or shall proclaim any other without the consent of the present Parliament: the Commons declare it to be High Trea∣son; and that no man under paine of Imprisonment or such other (arbitrary) punishment, as shall be thought fit to be inflicted on them, shall speak or preach any thing contrary to the pre∣sent proceedings of the Supreme Authority of this Nation, the Commons of England assembled in Parliament. Your hands and

feet, liberties and consciences were long since tied up,* 16.5 now you are tongue-tied.

Upon motion, the House ordered, That Doctor Juxon Bishop of London, should be permitted to he private with the King in His Chamber, to preach and Administer the Sacraments, and o∣ther spirituall comforts to Him: But notwithstanding, their Ma∣sters of the Councel of Warre, appointed that weather-cock John Goodwin of Coleman-sireet (the Balaam of the Army that curseth and blesseth for Hire) to be Superintendent both over King and Bishop, so that they could hardly speak a word to∣gether without being over-heard by the long-schismaticall-eares of black-mouthed John: Besides, I hear that for some nights a-Guard of Souldiers was kept within His Chamber, who with talking, clinking of Pots, opening and shutting of the door, and taking Tobacco there (a thing very offensive to the Kings nature) should keep Him watching, that so by distempering and amazing Him, with want of sleep, they might the easier bring Him to their bent.

28. January, being the last Sabbath the King kept in this life,* 16.6 some of the Grandees of the Army and Parliament tendered to the King a Paper-book, with promise of Life and some shadow of Regality (as I hear) if He subscribed it: It contained many particulars destructive to the fundamental Government, Reli∣gion, Lawes, Liberties, and Property of the People: One where∣of was instanced to Me, viz. That the King should (amongst many other demands,) passe an Act of Parliament for keeping on foot the Militia of this Army, during the pleasure of the Gran∣dees, who should be trusted with that Militia, and with power from time to time to recruit and continue them to the number of 40000. Horse and Foot, under the same General and Offi∣cers, with power notwithstanding in the Councel of Warre to chuse new Officers and Generals from time to time, as occasion shall happen, and they think fit, and to settle a very great Tax upon the people by a Land-Rate, for an established Pay for the Army; to be collected and levied by the Army themselves, and a Court-Martial of an exorbitant extent and latitude. His Ma∣jesty (as I hear) read some few of the propositions, and throw∣ing them aside, told them, He would rather becom a Sacrifice for

His People, then betray their Lawes and Liberties, Lives and Estates, together with the Church and Commonwealth, and the Honour of his Crown, to so intolerable a bondage of an Arm∣ed faction.

* 16.7Monday 29. Jan. 1648. The Legislative half-quarter of the House of Commons, voted as followeth, (hearken with admi∣ration Gentlemen) be it enacted by this present Parliament, and by Anthority of the same, that in all Courts of Law, Justice, and Equity, and in all Writs, Grants, Patents, Commissions, Indict∣ments, Informations, Suits, Returns of Writs, and in all Fines, Recoveries, Exemplifications, Recognizances, Processe, and Pro∣ceedings of Law, Justice, or Equity within the Kingdoms of Eng∣land or Ireland, Dominion of Wales, &c. in stead of the Name, Stile, Teste, or Title of the KING heretofore used, that from henceforth the Name, Stile, Teste or Title Custodes libertatis An∣gliae, authoritate Parliamenti, shall be used, and no other: and the Date of the year of the Lord, and none other, and that all Du∣ties, Profits, Penalties, Fines, Amerciaments, Issues, and Forfei∣tures whatsoever, which heretofore were sued for in the name of the KING, shall from henceforth be sued for in the name of Custodes libertatis Angliae, authoritate Parliamenti: and where the words were (Juratores pro Domino Rege) they shall be (Juratores pro Republica) and where the words are (contra pacem, dignitatem & coronam nostram) the words from henceforth shall be (contra pacem Publican.) All Judges, Justices, Ministers and Officers are to take notice thereof, &c. and whatsoever henceforth shall be done contrary to this Act, shall be, and is hereby declared to be null and void; the death of the King, or any Law, usage or cu∣stom to the contrary notwithstanding,* 16.8 &c.

The King lay in White-hall Saturday (the day of his Sentence) and Sunday night so near the place appointed for the separation of his Soul and Body, that He might heare every stroak the Workmen gave upon the Scaffold (where they wrought all night) this is a new device to mortifie him, but it would not do.

[unspec 93] Tuesday, 30. Jan. 1648. was the day appointed for the Kings Death; He came on Foot from Saint James's to White-hall that morning: His Majesty coming upon the Scaffold, made a Speech

to the People; which could only be heard by some few Souldi∣ers and Schismaticks of the Faction who were suffered to pos∣sesse the Scaffold, and all parts near it; and from their Pennes only we have our Informations.

His Majesties Speech upon the Scaffold, and his Death, or Apotheosis.

The KING told them,
THat all the world knew He never began the Warre with the two Houses of Parliament, and He called God to witnesse (to whom He must shortly give an account) He never intended to encroach upon their priviledges; They began upon Me, it was the Militia they began with, they confessed the Militia was Mine, but they thought fit to have it from Me: and to be short, if any body will look to the Dates of the Commissions, Theirs, and Mine, and likewise to the De∣clarations, will see clearly that they began these unhappy Troubles.

And a little after He said, I pray God they may take the right way to the peace of the Kingdom;* 17.1 But I must first show you how you are out of the way, and then put you into the right way: First, you are out of the way, for all the way you ever had yet (by any thing I could ever finde) was the way of Conquest, which is a very ill way, for Con∣quest is never just, except there be a good just Cause, either for matter of wrong, or just Title, and then if you go be∣yond the first Quarrel that you have, that makes it unjust in the end, that was just in the Beginning: But if it be only matter of Conquest, then it is a great Robbery, as the Pyrate said to Alexander, and so (I think) the way that you are in hath much of that way; Now (Sirs) to put you in the way, believe it you will never do right, nor God will never prosper you, untill you give him his due, the King (that is, My

Successor) his due, and the People (for whom I am as much as any of you) their due.

1. You must give God his due, by regulating rightly his Church, (according to his Scripture) which is now out of order, to set you in a way particularly now I cannot, but only a National Synod freely called, freely debating amongst themselves, must settle this: when that every opinion is free∣ly and clearly heard.

2. For the King, the Lawes of the Land will freely in∣struct you, and because it concernes My self I will only give you a touch of it.

3. For the people (and truly I desire their Liberty and Freedom as much as any man whatsoever) I must tell you, their Liberty and Freedom consists in having such a Go∣vernment, whereby their Lives and Goods may be most their own, it lies not in having a Share in the Government, that is nothing pertinent to them; a Subject and a Sove∣raign are clean different things: and therefore until you restore the People to such a Liberty, they will never enjoy themselves; Sirs, it was for this I now come hither, if I would have given way to an Arbitrary sway, to have all Lawes changed according to the power of the Sword, I needed not to have come here;* 17.2 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, &c.

* 17.3This was the effect of his Majesties Speech, who shewed much Magnanimity and Christian patience, during all the time of His Trial and Death, notwithstanding many barbarous af∣fronts put (by way of tentation) upon Him, He had his Head severed from his Body at one stroak, the Souldiers and Schis∣maticks giving a great shout presently.

Thus this noble Prince (a Gentleman sanctified by many affli∣ctions) after He had escaped Pistoll, Poyson, and Pestilent ayre, could not escape the more venemous tongues of Lawyers and Pettyfoggers, Bra••shaw, Cooke, Steele, Aske and Dorislaus; thus the Shepherd is smitten, and the Sheep scattered.

THe said High Court of Justice, with the downfall of King CHARLES the I. thereby, and in Him of the Regall Government, Religion, Lawes, and Liberties of this ancient Kingdom is Emblematically presented to the Readers view: See the Figure, before the Title page.

Presently after this dissolution of the King,* 17.4 the Commons sent abroad Proclamations into London, and all England over, reciting, That whereas severall pretences might be made to this Crown, and Title to the Kingly Office set on foot, to the apparent hazard of the pub∣lique peace. Be it enacted and ordained by this present Parliament, and by the Authority of the same, that no Person whatsoever do presume to proclaime, declare, publish, or any waies to promote Charles Stuart (Sonne of the said Charles) commonly called Prince of Wales, or any other Person to be King, or Chief Magistrate of England, or Ire∣land, or of any Dominions belonging to them; by colour of Inheritance, Succession, Election, or any other claime whatsoever, without the free consent of the people in Parliament first had and signified by a particular Act or Ordinance, for that purpose, any Law, Stat: Usage or custome to

the contrary notwithstanding;* 17.5 and whosoever shall contrary to this Act, Proclaim, &c. Shall be deemed and adjudged a Traytor, and suffer accordingly.

* 17.6Notwithstanding which inhibition, the 2. February 1648. was printed and scattered about London-streets this following Proclamation:

* A Proclamation proclaiming CHARLES Prince of Wales, King of Great Britaine, France and Ireland.

VVEE the Noblemen, Judges, Knights, Lawyers, Gen∣tlemen, Freeholders, Merchants, Citizens, Yeomen, Seamen, and other freemen of England, do, according to our Allegiance and Covenant, by these presents heartily, joyfully and unanimously acknowledge and proclaim the Illustrious CHARLES Prince of Wales, next heir of the blood Royall to his Father King CHARLES (whose late wicked and tray∣terous murther we do from our souls abominate, and all par∣ties & consenters thereunto) to be by herditary Birthright, and lawfull succession, rightfull and undoubted King of Great Bri∣taine, France and Ireland, and the Dominions thereunto belonging. And that we will faithfully, constantly and sincere∣ly in our severall places and callings defend and maintaine his Royal Person, Crown, and Dignity with our Estates, Lives, and last drop of our Bloods, against all Opposers thereof; whom we do hereby declare to be Traytours and Enemies to his Ma∣jesty and his Kingdoms. In testimony whereof, we have caused these to be published and proclaimed throughout all Counties and Corporations of this Realm, the first day of February, in the first year of His Majesties Reign.

God save King CHARLES the Second,

The fag end of the House of Commons, Febr. 1. 1648.* 18.1 passed a thing they call an Act, That such Members as had assented to the Vote, 5. Decemb. 1648. That the Kings Concessions were a ground for the House to proceed to a settlement, should not be re-admitted to sit as Members; such as were then in the House and voted in the negative should first enter their dissent to the said Vote, such as were ab••ent should declare their disapprovall before they sit. You see the cheating Godly are resolved to keep all to themselves.

This day their tame Lordships sent a Message to the House of Commons, but they were too surly to call the Messengers in:* 18.2 the substance of the Message was, That their Lordships had ap∣pointed 7. of their House to joyn with a proportionable num∣ber of Commons, to consider of a way how to settle this Na∣tion.

Munday, 5. Febr. 1648.* 18.3 The Commons debated whether they should continue the House of Lords as a Court Judicatory, or Consultory onely? And the day following they put this Que∣stion, Whether this House shall take the advise of the House of Lords, in the exercise of the Legislative power of the Kingdom, in pur••uance of the Votes of this House, 4 Janu: last. This was carried in the Negative by many Voices: in farther pursuance of which Vote, they farther voted, That the House of Peers in Par∣liament is useless and dangerous, and ought to be abolished; and that an Act be brought in for that purpose, and voted down their Priviledge of being exempt from Arrests; yet they graci∣ously condescended they shall be capable of being elected knights of Shires, and Burgesses, if any will be so mad as to chuse them: yet my Lord of Pembroke is as much overjoyed with gay Pri∣viledge, as if they had bestowed a new Cap with a Bell and a Bable upon him: who will not now conclude that the Votes of this Legislative, this supreme piece of the House of Commons, is the onely Law and reason of the Land, which leads all our Laws and reason captive, and is almighty against all but the Councell of the Army.

The 8. Febr. came forth A Declaration and Protestation of the Peeres, Lords and Barons of this Realm,* 18.4 against the late treasonable proceedings and tyrannicall usurpations of some

Members of the Commons House, who endeavour to subvert the fundamentall Laws, and Regall Government of this Kingdom, and enslave the People to their boundless Tyranny in stead of Freedom. The Protestation followeth,

VVE the Peers, Lords and Barons of this Realm of England, for the present necessary vindication of the undoubted Rights and Priviledges of Parliament, and more particularly of the House of Peers, the just Prerogatives and Personall safety of our Kings, the known Laws and Liberties of this Kingdom, the Hereditary Freedom of all the Freemen of this Nation, and our own affronted and contemned Honours and Authority, against the many late unparallel'd dangerous Invasions, and treasonable Ʋsurpations of a few insolent mis-advised Members of the (late) House of Commons, whiles the greatest and ablest part of that House were forcibly detained or deterr'd from thence, where∣with we find our selves and the whole Kingdom unsufferably injured, and deeply afflicted. Do, after a long patient expectation of their own ingenious Retractions of such injustifiable Exorbitancies, which their own judgements and consciences cannot but condemn, whereof we now utterly despair; being thereto engaged in point of Honour, Loyalty, Con∣science, Oath, and love to our Native Country, as also by our Solemn League and Covenant, publikely declare and protest to all the world, That by the Laws and Customes of this Realm, and usage of Parlia∣ment time out of mind, ever since there were Parliaments in this Island, the principall Authority and Iudicatory of the Parliaments of England hath alwaies constantly resided, and ought still to continue onely in the King and House of Peers, (wherein He alwaies sits) and not in the Com∣mons House, who never had, claimed, nor ought to have any right or power to judge any Person or Cause civilly or criminally (having no autho∣rity to examine any Witnesses upon Oath, and being no Court of Record) but onely to accuse and impeach Delinquents in and before the House of Peers, where they alwaies have used to stand bare-beaded at their Barre; but never yet to stand covered, much less to sit, vote, or give Judgement. And that the House of Commons without the concurrent assent of the House of Peers, and Kings of England, never heretofore challenged nor enjoyed, nor can of right pretend to any lawfull power or Jurisdiction to make or publish any form or binding Ordinance, Vote, Act, or Acts of Parliament whatsoever, nor ever once presumed to pass any Act or

Acts to erect a new High Court of Justice, to try, condemn, or execute the meanest Subject, least of all their own Soveraign Lord and King, or any Peer of the Kingdome (who by the Common and Statute Laws of this Realm, and Magna Charta, ought to be tried only by their Peers and not otherwise) or to dis-inherit the right Heir to the Crown, or to alter the Fundamental Government, Laws, Great Seal, or an∣cient forms of process and legal proceedings of this Realm, or to make or declare High Treason to be no Treason; or any Act to be Treason, which in it self, or by the Law of the Land is no Treason, or to dispose of any Offices or Places of Judicature, or impose any Penalties, Oaths, or Taxes on the Subjects of this Realm. And therefore we do here in the presence of Almighty God, Angels, and Men, from our hearts disclaim, abhor, and protest against all Acts, Votes, Orders or Ordi∣nances of the said Members of the Commons House lately made and published, for setting up any new Court of Justice to try, condemn, or execute the King, or any Peers or Subject of this Realm: (which for any Person or Persons to sit in or act as a Judge or Commissioner, to the condemning or taking away the life of the King, or any Peer or other Subject, We declare to be High Treason, and wilful Murther, to dis∣inherit the Prince of Wales of the Crown of England, or against pro∣claiming him King after his Royal Fathers late most impious, traite∣rous and barbarous murther, or to alter the Monarchical Government, Laws, Great Seal, Judicatories, and ancient forms of Writs, and legal process and proceedings; or to keep up, or make good any Com∣missions Judges, or Officers, made void by the Kings bloody execution; or to continue any old, or raise any new Forces or Armies; or to impose any new Taxes, Payments, Oaths or forfeitures on the Subjects, or to take away any of their Lives, Liberties or Estates against the Funda∣mental Laws of the Realm, or to make any new Judges, Justices or Offi∣cers; or set aside the House of Peers (far ancienter than the Commons House) and particularly this insolent and frantick Vote of theirs, Feb. 6. [That the House of Peers in Parliament is useless and dange∣rous, and ought to be abolished, and that an Act be brought in for that purpose] to be not onely void, null, and illegal in themselves by the Laws and Statutes of this Realm, but likewise treasonable, dete∣stable, tyrannical and destructive to the Priviledges, Rights and being of Parliaments, the just Prerogatives and Personal safety of the Kings of England: the Fundamental Government and Laws of the Realme,

the Lives, Liberties, Properties and Estates of the People, and the most transcendent tyranny and usurpation over the King, Kingdome, Parlia∣ment, Peers, Commons, and Freemen of England ever practised or at∣tempted in any Age, tending onely to dishonour, enslave and destroy this antient flourishing Kingdom, and set up Anarchy and confusion in all places.

All which exorbitant and trayterous Usurpations; We and all free-born Englishmen, are by all obligations bound to oppose to the uttermost with our ••••••es and fortunes, lest We sh••uld be accessary to our own and our Posterities slavery and ruine, for preventing whereof We have lately spent so much blood and treasure against the Mal••gnant Party, whose Treasons and In∣solencies they far exceed.

* 19.1The 7. Febru. the Commons debated about the Kingly Of∣fice, and passed this Vote.

Resolved, &c. By the Commons of England assembled in Par∣liament, that it hath been found by experience, and this House doth declare, That the Office of a King in this Nation, and to have the power thereof in any single Person is unnecessary, bur∣densome and dangerous to the liberty, safety, and publike In∣terest of the People of this Nation, and therefore ought to be abolished, and that an Act be brought in for that purpose.

* 19.2A Committee was named to bring in a list of Names (not ex∣ceeding 40) to be a Committee of State, by Act of the House of Commons. This is to pull down one King to whom we owe Allegiance; and set up forty Tyrants, to whom we owe no Allegiance.

* 19.3Instructions were given by the Commons for drawing new Commissions for the Judges, according to the new Antimonar∣chical stile and way, the new Great Seal being now ready, a Committee of the House met the Judges about it; whereof six agreed to hold (upon a Provision to be made by Act of the House of Commons, that the Fundamental Laws be not abo∣lished.) This very provision so made by Act of the Commons (beside all their former Votes against Monarchy, Peerage, alter∣ing

the stile of Writs, coynage of Money, &c.) is it self an abo∣lition of the Fundamental Laws: This is but a Fig-leaf to cover their shame. Those that held were, Of the Kings Bench, Mr. Ju∣stice Rolls and Judge Jerman; of the Common Pleas, Mr Justice S. John, and Judge Pheasant; of the Exchequer, Chief Baron Wilde, and Baron Yates: those which quitted their places and kept their Consciences, were Justice Bacon, and Justice Brown, Sir Tho. Beddenfield, Justice Creswel, Baron Treaver, and Baron Atkins.* 19.4

8. Febr. The Election of the General and Col. Rich at Cyren∣cester, which never durst see the light before, after about 3. years lying dormant, and no account made of it; is on a sudden re∣ported to the House, approved of, and the Clerk of the Crown (for whom they have not invented a new name yet) ordered to mend the return of the Writ at the Bar.

* 19.5 They likewise passed a Declaration to this purpose, that they are fully resolved to maintain, and shall and will uphold, preserve and keep the Fundamental Laws of this Nation; for and concerning the preservation of the lives, liberties, and pro∣perties of the People, with all things incident thereunto, with the alterations concerning Kings, and House of Lords, already resolved in this present Parliament.

Munday, February 12. The Commons appointed the Circuits for those Judges that held,* 19.6 and passed an Act for compleating the Judges of the several Courts, filling up the rooms of those that held not, with some alterations in their former Commissi∣ons, and a new Oath to be given them, to swear well and truly to serve the Common-wealth in the Office of a Justice of the Upper Bench (which all our Laws call the Kings Bench) or Com∣mon Pleas, according to the best of their skill and cunning.* 19.7

The House passed an Act that the Oath under-written, and no other, be administred to every Freeman of the City of London at his admission, and of all other Cities, Burroughs, and Towns Corporate.

YOu shall swear, that you will be true and faithfull to the Common∣wealth of England, and in order thereto, you shall be obedient to the just and good Government of the City of London, &c.

* 19.8They passed an Act also, to repeale the severall Clauses in the Statute, 1. Eliz. & 3. Jacob. enjoyning the Oaths of Allegiance, Obedience and Supremacy, That the said Oathes, and all other Oathes of the like nature shall be, and are hereby wholly taken away, the said Clauses in the said Acts be made void and null, and shall not hereafter be administred to any Person, neither shall any place or office be void hereafter by reason of the not taking of them, or any of them, any Law, Custome, or Statute to the con∣trary notwithstanding.

* 19.9In opposition to these tyrannous, destructive, illegal and tray∣terous proceedings of 40. or 50. cheating Schismaticks, sitting under the force, and promoting the Interests of will and power, of the rebellious Councell of Officers in the Army, The secured and secluded Members of the House of Commons Declared as followeth,

* A publike Declaration and Protestation of the secured & se∣cluded Members of the House of Commons; Against the trea∣sonable and illegall late Acts and proceedings of some few Confederate Members of that dead House, since their for∣cible Exclusion, 13. Febr. 1648.

WE the secured and secluded Members of the late House of Commons, taking into our sad and serious Considerations the late dangerous, desperate, and treasonable proceedings of some few Members of that House (not amounting to a full eighth part of the House, if divided into ten) who confederating with the Officers and Generall Councell of the Army, have forcibly de∣tained and secluded us (against the Honour, Freedom, and Privi∣ledges of Parliament) from sitting and voting freely with them, for the better setling of the Kingdoms peace; and contrary to their Oaths of Allegiance and Supremacy, their Protestation, the Solemne League and Covenant, and sundry Declarations and Re∣monstrances

of both Houses, to His late Murthered MAIESTY, His Heires and Successors, the whole Kingdomes of England, Scot∣land, and Ireland, and to all forraine States and Nations (since our exclusion and forced absence from their Counsels, by reason of the Armies force) most presumptuously arrogated and usurped to themselves the Title of, The Supreme Authority of this Kingdome: and by colour and pretence thereof have wickedly and audaciously presumed, without and against our privities or consents, and a∣gainst the unanimous Vote of the House of Peers, to erect a High Court of Justice (as they terme it) though never any Court them∣selves, to Arraigne and condemn His Majesty, against the Lawes of God, and the municipall Lawes of the Realme: which Court (consisting for the most part of such partiall and engaged Persons, who had formerly vowed His Majesties destruction, and sought His bloud) most illegally and unjustly refused to admit of His Ma∣jesties just Reasons and exceptions against their usurped Jurisdiction; and without any lawfull authority or proofe against Him, or Legall Triall, presumed most trayterously and impiously to condemne and murder Him: and since that, have likewise presumed to Trie and Arraigne some Peers, and others free Subjects of this Realme for their Lives, contrary to Magna Charta, the Petition of Right, the Laws of the Land, and the liberty of the Subjects, to the great enslaving and endangering of the lives and liberties of all free People of Eng∣land.

And whereas the said confederated Commons have likewise ty∣rannically and audaciously presumed contrary to their Oathes and Engagements aforesaid, to take upon them to make Acts of Parliament (as they terme them) without our privity or assents, or the joynt consent of the King and House of Lords, contrary to the Use and Priviledges of Parliament and knowne Lawes of the Land, and by pretext thereof have trayterously and wickedly en∣deavoured to Dis-inherit the Illustrious CHARLES Prince of Wales, next Heire to the Crowne, and actuall KING of England, Scotland, France, and Ireland, immediately after His said Royall Fathers barbarous Murther, by Right of descent; and proclaimed it Treason for any Person to Proclaime him KING; (whereas it is high Treason in them thus to prohibit His proclai∣ming) and have likewise trayterously and impudently encroached

a tyrannicall and lawlesse power to themselves to Vote down our an∣tient Kingly and Monarchicall Government, and the House of Peers; and to make a new Great Seale of England without the Kings Por∣traicture or Stile, and to alter the antient Regall and Legall Stile of Writs and proceedings in the Courts of Justice, and to create new Judges and Commissioners of the Great Seale, and to dispense with their Oaths of Supremacy and Allegiance, and to prescribe new Oaths unto them contrary to Law, (though they have no Authority by any Law, Statute, or custome to administer or injoyne an Oath to any man) and thereby have trayterously attempted to alter the fun∣damentall Laws and Government of this Kingdome, and to subvert the freedome, priviledges, and being of Parliaments; for which Trea∣sons, Strafford and Canterbury (though least criminall) lost their Heads this last Parliament, by some of their owne prosecutions, and the judgment of both Houses.

We in discharge of our respective duties and obligations both to God, the King, our owne Consciences, our bleeding dying Kingdomes, and the severall Counties, Cities and Burrroughs for which we serve, do by this present Writing, in our owne Names, and in the Names of all the Counties, Cities, and Burroughs which we represented in Parliament, publickly declare and so∣lemnly protest before the all-seeing God, the whole Kingdomes of England, Scotland, and Ireland, and the world, that We do from the bottome of our hearts abominate, renounce and dis∣claime all the said pretended Acts, Votes, and proceedings of the said confederate Members, (acted under the Armies power a∣gainst our consents) as treasonable, wicked, illegall, unparliamen∣tary, tyrannical, and pernitious both to the King, Parliament, King∣domes, and all the free-borne People of this Realme; extreamly disadvantagious and dishonourable to our Nation, scandalous to our Religion, and meer forcible Usurpations, and Nullities void in Law to all intents and purposes; which we, and all the Free∣men of this Kingdome, and all the Kingdomes and Dominions thereto belonging, are bound openly to disavow, oppugne, and resist as such, with our purses, armes, lives, to the last drop of our blouds; and to which, neither We, nor any other can, ought, or dare to submit or assent in the least degree, without incurring the guilt of High Treason, and the highest perjury, infamy, and

disloyalty. And in case the said confederates shall not speedily retract, and desist from those their treasonable practises, and ty∣rannicall usurpations; (which We cordially desire and entreat them by all obligations of love and respect they have to God, Religion, their King, Country and Posterity timely to do.) We do hereby denounce and declare them to be Traytors and pub∣lique Enemies both to the King and Kingdome, and shall esteem and prosecute them, with all their wilfull Adherents, and volun∣tary Assistants as such; and endeavour to bring them to speedy and condigne Punishment, according to the Solemne League and Covenant; wherein, We trust the whole Kingdome, all those for whom We serve, and the Lord of Hosts himself to whom We have sworne and lifted up our hands, hearts, and fervent prayers, will be aiding and assisting to us, and all our Bretheren of Scotland and Ireland who are united and conjoyned with us in covenant to our GOD, and Allegiance to our Soveraigne King CHARLES the Second, who (we trust) will make good all His destroyed Fathers concessions which really concerne our peace, or safety, and secure Us against all force and tyranny of our Fellow-subjects; who now, contrary to their Trusts and former Engagements, endeavour by the meer power of that Sword, (which was purposely raised for the protection of our Persons, Government, Religion, Laws, Liber∣ties, the KING's Royall Person and Posterity, and the Priviledges of Parliament) to Lord it over Us at their pleasure, and enthrall and enslave Us to their armed violence, and lawlesse martial wills; which we can no longer tolerate nor undergoe, after so long fruitlesse and abused patience in hope of their repentance.

About the same time came out another Paper, entituled:* 20.1

¶ Foure true and considerable Positions for the sitting Members, the new Courts of Justice, and new Judges, Sheriffs, Officers, Lawyers, Justices, and others, to ruminate upon.

1. THat the whole House of Commons in no Age had any Power, Right or Lawfull Authority to make any Valid or binding Act or Ordinance of Parliament; or to impose any Tax, Oath, Forfeiture, or capitall punishment upon any Person or

Free-men of this Realme, without the Lords or Kings concurrent assents: much lesse then can a small remnant onely of the Mem∣bers of that House do it, sitting under an armed force (which nulls and vacates all their Votes and proceedings, as the Ordinance of 20. August, 1647. declares) whilst most of their Fellow-Mem∣bers are forcibly detained and driven thence, as Mr. St. John proves in his Speech concerning Ship-mony, p. 33. and in his Argu∣ment concerning the Earle of Strafford's Attainder, p. 70, 71, 76, 77, 78. and Sir Edw. Coke in his 4. Instit. c. 1.

2. That the few Members now sitting in, and the House of Commons being no Court of Justice of it selfe, and having no power to hear and determine any civill or criminall causes, nor to give an Oath in any case whatsoever, cannot by the Lawes and Statutes of the Realm, nor by any pretext of authority whatso∣ver, erect any new Court of Justice, nor give power or authority to any new Judges, Justices, or Commissioners to arraigne, try, con∣demn or execute any Subject of meanest quality, for any reall or pretended crime whatsoever; much less their own Soveraign Lord the King; or any Peers of this Realme, who ought to be tryed by their Peers, and by the Law of the Land alone, and not otherwise. And that the condemning and executing the King, or any Peere, or other Subject by pretext of such an illegall Authority, is no lesse than High Treason and wilfull Murther, both in the Mem∣bers, and Commissioners, Judges or Justices, giving and executing Sentence of Death in any such arbitrary and lawlesse void Court, or by vertue of any such void and illegall Commissions.

3. That the House of Commons and Members now sitting, have no power nor authority to make or alter the Great Seale of England, or grant any Commissions to any Commissioners, Judges, Sheriffs, Justices of the Peace, or any other. That all the Commissions granted by them, under their New, or any other Seale, are meerly void and illegall; and all the new Writs and pro∣ceedings in Law or Equity before any Judges, Justices, Sheriffs, or other Officers made by them, meerly void in Law to all in∣tents, & coram non judice,

4. That the deniall of the KING's Title to the Crowne, and plotting the meanes to deprive Him of it, or to set it upon ano∣thers Head, is High Treason, within the Statute of 25. Ed. 3. ch. 2. And that the endeavouring to subvert the Fundamentall Lawes

and Government of the Realme of England [by King, Lords, and Commons] and to introduce a tyrannicall or arbitrary Govern∣ment against Law, is High Treason at the Common Law (especi∣ally in Judges and Lawyers) not taken away by any Statute. Both which M^r. St. John in his Argument at Law, concerning the Bill of at∣tainder of high Treason of Tho. E. of Stafford, published by order of the Com. House, An. 1641. p. 8. 14. to 33. and 64. to 78. And in his Speech as a conference of both Houses of Parl. concerning Ship-mony, An. 1640. hath proved very fully by many reasons and presidents; and Coke in his 7. Report, f. 10, 11, 12, and 3. Instit. c. 1. That the Commons now sitting, in making a new Great Seale, without the Kings Image or Style, in granting new illegall Com∣missions to Judges, Justices of Peace, Sheriffs, and other Officers, in the name of Custodes Angliae in the generall, in omitting and altering the Kings Name, Style and Title in Writs, Processe, In∣dictments, and proceedings at the Common Law, and thereby indeavouring to Dis-inherit the Prince, (now lawfull King by and since his Fathers bloudy murther) and to alter and subvert the Fundamentall Lawes and Government of the Realme, by such commissions and proceedings, and by the power of an Ar∣my to enforce them; and the Judges, Justices, Sheriffs, and other Officers who accept of such Commissions, and all those (espe∣cially Lawyers) who voluntarily assist, consent, and submit to such Commissions and Alterations by such usurped illegall Au∣thority, and the Commissioners sitting in the new Courts of Justice are most really guilty of both these high* 21.1 Treasons (in which there are no Accessories) and lesse excusable than Strafford or Canterbury, whom some of these new Judges and sitting Mem∣bers impeached and prosecuted to death for those very Treasons themselves now act in a more apparent and higher degree than they, and (in respect of their oaths, covenant, callings, and pla∣ces) are more obliged to maintaine the Kings Title, the Funda∣mentall Lawes and Government, the Rights and Liberties of the Kingdome and Parliament then they; and therefore (if they persevere therein) may justly expect the self-same capitall punish∣ments they underwent, if not farre worse; especially since they attempt to reduce the antientest Kingdome of all Christendom, into the puniest and most contemptible State in all the World; and thereby to render us the most infamous, perfidious and dis∣honourable

Nation under Heaven, both to the present and all suc∣ceeding Ages: which must needs make the contrivers and Abet∣ters thereof the most detestable Traytors and publique Enemies to their King and native Country, that ever this Realme brought forth in any Age. Repent therefore of these your Treasons, and amend your lives, if you expect the least hope of pardon from God or Man; and expiate all your former high misdemeanours, by engaging all your power and endeavours to settle all things in Church and State according to your primitive engagements; in∣stead of accumulating one sin and Treason to another, which will prove your certaine ruine in conclusion, not your safety.

About the same time, and (it is thought) from the same Author came forth a Paper bearing the Title of,

* 22.1¶ Six Propositions of undoubted verity, fit to be considered in our present exigency by all loyall Subjects and conscientious Christians.

1. THat this Parliament is ipso facto Dissolved 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 so was it resolved in 1. Hen. 4. Rot. Parl. n. 1. 14 H. 4. Coke 4. Instit. p. 46. & 4. c. 4. f. 44. b.

2. That immediately upon this Parliaments dissolution by the Kings death, all Commissions granted by the King, or by one or both Houses to the Generall or Officers of the Army, the Com∣missioners of the great Seale of England, Judges of the Kings Courts, Justices of Peace, Sheriffs, Excise-men, Customers, and the like; with all Committees, and ordinances of one or both Houses made this Parliament, did actually determine, expire, and become meerly void in Law to all intents and purposes, and can∣not be continued as good and valid by any Power whatsoever.

3. That instantly after the Kings decease, the Imperiall

Crowne of this Realme of England, and of the Kingdomes, Do∣minions, and Rights thereunto belonging, was by inherent Birth∣right, and Lawfull undoubted succession and descent, actually vested in the most Illustrious Charles, Prince of Wales, being next lineall Heire of the bloud Royall to his Father King CHARLES: and that He is actuall KING thereof, before any ceremony of Coronation, as is resolved in full Parliament, by the Statute of 1. Jacobi, ch. 1. and by all the Judges of England since. Coke 7. Re∣port f. 10, 11. in Calvins case, Whose Royall Person and Title to the Crowne all loyall Subjects are bound by their Oaths of Supremacy, Allegiance, and Solemne League and Covenant, with their Estates, Lives, and last drop of their blouds to maintaine a∣gainst all Opposers.

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 excuses, to declare and proclaime Prince Charles to be rightfull King of Eng∣land, and of all Kingdomes and Rights thereunto belonging; not∣withstanding any illegall prohibitions or menaces to the contrary by any usurped Power whatsoever; under paine of being guilty of High Treason, and forfeiting their City and Corporation Char∣ters, in case of supine neglect or refusall thereof; through fear, terror, or any sinister respect.

5. That till King Charles be setled in his Throne, or give other Order, the present Government of the Kingdome is legally ve∣sted onely in the Lords and Peers of the Realme, being by Inhe∣ritance, custome and Law in such case, the Kings and Kingdoms great Councel, to whose lawfull commands all other Subjects ought to yeeld ready Obedience.

6. That every professed actuall endeavour by force or other∣wise 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 lesse then High Treason, and so declared and resolved by the last Parliament, in the cases of Strafford and Canterbury, the losse of whose Heads (yet fresh in memory) should deterre all others from pursuing their pernitious courses, and out-stripping them therein; they being as great, potent, and as farre out of the

reach of danger and justice in humane probability as any of our present Grandees.

* 22.2That no Act of Rebellion and Treason might be unattempted by this Conventicle, no part of the Regalities of the King, or peoples Liberties unviolated; they considered of a New Stamp to be given to all Coyne (for the future) of this Nation.

* 22.313. Febr. They considered of Instructions and Power to be given by way of Commission to the said Committee, or Councel of State. 1. For the Government of the two Nations of Eng∣land and Ireland; appointing a Committee to bring in the Names of these Hogens Mogens; and to perfect their Instructions: for, (1) Ordering the Militia. (2) Governing the People, (they were wont to be Governed by knowne Lawes, not by Arbitrary In∣structions, and by one King, not by forty Tyrants, most of them base Mechanicks, whose education never taught them to aspire to more knowledge then the Office of a Constable.) (3) Setling of Trade▪ (most of them have driven a rich Trade in the work of Reformation for themselves.) (4) Execution of Lawes, (this was wont to be done by legall sworne Judges, Juries, and Offi∣cers.)

* 22.414. Eebr. The Committee reported to the House the Names of the Committee of State, or Lords States Generall. Also the Power they were to have, viz: 1. Power to command and settle the Militia of England and Ireland. 2. Power to set forth Ships, and such a considerable Navy as they should think fit. 3. Power to appoint Magazines and Stores for the Kingdoms of England and Ireland, and dispose of them from time to time for the service of both Nations, as they shall think fit. 4. Power to fit and execute the severall powers given for the space of one whole yeare: with many other powers not yet revealed, and daily increased: besides what improvements of Power they are able to make hereafter, having the Militia of an Army (that formidable Hob-goblin) at their command. They have two Seales appointed, a Great Seale, and a Signet Patents for Sheriffs, and Commissions for Ju∣stices, and Oaths for both, were reformed according to the Godly cut.

When the Committtee of State was nominated in the House,* 22.5 divers Gentlemen of the best quality were named; whom they could not omit, because they had sat with them, and concurred in all their great debates: although they had more confidence in those petty Fellows, who had, or would sell their soules for gain, to make themselves Gentlemen, to debarre the said Gentle∣men of quality therefore and make them forbear, they invented an expurgatory Oath or Shibeleth to be taken by every Member before his initiation, whereby they should declare, That they ap∣proved of what the House of Commons and their High Court of Justice had done against the KING, and of their abolishing of Kingly Govern∣ment, and of the House of Peers, and that the Legislative and Su∣preme power was wholly in the House of Commons, 22. Febr. Cromwell (Chairman of that Committee of State) reported to the Commons, That according to the Order of that House, 19. of the said Members had subscribed to that forme of the Oath, as it was originally penned: but 22. of them scrupled it, whereof all the Lords were part, not but that they confessed (except one) The Commons of England to be the Supreme power of the Nation, or that they would not live and die with them in what they should do for the future, but could not con∣firm what they had done in relation to the King and Lords: so it was referred to a Committee, to consider of an expedient.

Cromwell (having made use of the Levellers,, * 22.6(Assertors of pub∣lique Liberty) to purge the House of Commons, and abolish the Lords House) doth now endeavour to cast down the Levellers once more, finding himself raised to so great an height, that he cannot endure to think of a levelling equality; he overswayes the Councel of Warre, over-awes the House of Commons, and is Chairman and Ring-leader of the Councel of State: so that he hath engrossed all the power of England into his own hands, and is become the Triple-King, or Lord Paramount over all the Tyrants of England; in opposition therefore to the Levelling

party, and for the upholding his own more Lordly Interest, he procured an expedient to Alter and Reforme the said Oath, which at last passed in this forme following:

February the 22. 1648.

* 23.1I A. B. being nominated a Member of the Councel of State by this present Parliament, do testify, that I do adhere to this present 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 whose Authority I am constituted a Member of the said Councel) and in the maintenance and defence of their resolutions concerning the setling of the Government of this Nation for the future, in way of a Republique without King or House of Peers, and I do promise in the sight of God, that (through his Grace) I will be faithfull in performance of the trust committed to me as aforesaid, and therin faithfully pursue the Instru∣ctions given to the said Councel by this present Parliament;* 23.2 and not reveale or disclose any thing in whole or in part, directly, or indirectly, that shall be debated or resolved 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 shall be present at such Debates or Resolutions: In confirmation of the pre∣mises, I have hereto subscribed my Name.

* 23.3About this time it was debated at the Councel of Warre to Massacre and put to the Sword all the KING'S Party, The Question put, was carried in the Negative but by two Voices. You see what Furies pursue these sinfull Wretches, and what dangerous rocks they dash upon, in order to that base and cowardly princi∣ple of Self-preservation.

The Army hath in every County of England packs of schisma∣tical Beagles,* 23.4 whom they hollow on to hunt in full crie (by Pe∣titions to the House) after the bloud of such whom they design for slaughter. Many Petitions have been lately presented, That two or three principall Gentlemen of the KING'S Party (by name) in each County, might be sacrificed to Justice, whereby the Land might be freed from bloud-guiltinesse.

Divers Merchants have contracted to send forth severall Ships for the next Summers Fleet, at their own charge.* 23.5

The Prodigious High Court of Justice was revived in order to the Trial of the Earle of Holland, the Earle of Cambridge, the Earle of Norwich, the Lord Capel, and Sir John Owens;* 23.6 the Commissio∣ners were changed (that they may engage as many men in arbi∣trary, illegal tyranny and bloud-shed as they can.)

Hamilton was exceedingly importuned by Cromwell (who took a journey to Windsor purposely) to name such Members of Parliament and Citizens as had any hand in calling him in:* 23.7 this he either could not, or would not do; he had (in order to his own ambition) first exasperated the Independent party against the KING, and afterwards sought their ruine by engaging for the KING: and he doubted that to undertake so odious an office as to play the Devils part, and be an Accuser of his Brethren, would but set a glosse upon the Independents intended severity against him. Being brought to St. James's in order to his Tryall, Crom∣well (hoping to traine him to a confession) caused all his Crea∣tures to carry a favourable countenance to him. Bradshaw smoo∣thed him up with soft language at the Barre; the Lord Gray of Grooby, Col. Wayte, and Hugh Peters, gave him hopes that they would not much obstruct his pretended Plea of Quarter from Lambert upon Articles, Peters avouched Quarter so given by Lambert; notwithstanding Colonel Wayte (when he made Re∣port to the House of Commons how he took him) affirmed, He yeilded at discretion, and Lambert was not then neer him: after this Peters gives Hamilton a Visit, who gives Peters thanks and money to boot for his late favour done him in Court;* 23.8 and knowing him to be an Instrument of Cromwells, imployed him as his Soli∣citor to the Members of the House and Army. Peters prayes for Hamilton openly as his Lord & Patron, still feeding him with hopes If he would Impeach their Opposites: yet still he waved this, offering them 100000 l. for his life, and often inculcating what services he would do them in Scotland; for which purpose he offered to joyn Interests with Argyle, and be a Servant to their Party. Messen∣gers were posted into Scotland to know Argyles pleasure: But he had been over-reached formerly by Hamilton, and he was resolved to admit no Competitor, which would have eclipsed his great∣nesse,

and have made him not the sole Patron of Scotish Indepen∣dency: Besides, the Kirk so farre hated Hamilton that they preached off his head in Scotland, before it was cut off in Eng∣land: the High Court of Justice lingered long in expectation of an Answer; at last such a one came as decried all reconciliation with Hamilton, whereupon the scene was altered presently, Brad∣shaw handled him roughly at the Bar, Mar. 6. Those which smi∣led on him before, frowned now; being asked what he could say? he pleaded Quarter, and vouched Peters Testimony: who with a brazen face renounced his former Testimony,* 23.9 saying, He now re∣membred no such matter, but that the Army scorned to give quarter to him, or any of his Nation: whereupon he was condemned to the Block; which Sentence was executed upon him, March, 9. yet they fed Hamilton with vaine hopes to the last gasp, for fear he should give glory to God, and throw shame and infamy upon themselves by a Christian confession of his, Argyles, and their mu∣tual villanies: besides, such a Discovery would have made Argyle lesse serviceable to them in Scotland, whose next designe is to ca∣jole the Kirk by seeming an Enemy to the Sectaries of England, and pretending to serve the Presbyterian Interest. Thus I conclude the Tragedy of Duke Hamilton.

* 23.10In opposition to whom, I will briefly relate the Tragedy of the noble Lord Capel, a Gentleman of great courage and inte∣grity. He had made an adventurous escape out of the Tower, but was re-taken by the treachery of a limping Water-man, (if I knew his Name I would bestow a blot of Inke upon him.) He pleaded for himself Articles of Surrender (which were reall in him, though not in Hamilton) that divers that were in Col∣chester, and in his condition, had been admitted to compound; and desired to be referred to Martial Law, which being denyed, He moved, he might not be debarred of Additionall defence; if he must be judged by the Common Law, then he demanded the full benefit of that Declaration of the Commons, 19. Feb. 1648. which Enacteth and Declareth, That though King and Lords be laid aside, yet all other the fundamental Laws shall be in force concerning the lives, liberties, and properties of the Subject: and recommended to them Magna Charta, The Petition of Right, 3. Caroli. and the Act made, H. 7. for indempnity of all such as adhered to the present King in possessione

also the exception in the Act of Attainder of Strafford and Can∣terbury, which saies, Their Cases shall not be used as a precedent a∣gainst any man: He desireth to see his jury, and that they might see him, and so might be Tryed by his Peers, saying, He did beleive no precedent could be given of any Subject Tried, but by Bill of At∣tainder in Parliament, or by a Jury. But all was but to charme a deaf Adder. He was a gallant Gentleman, and they durst not let him live.

The KING'S Library at St. James's was given (I hear) to that ignorant Stage player Hugh Peters.* 23.11

26. Febr. John Lylburne delivered to the Commons (by the name of the Supreme Authority of England) A Petition in the name of many thousand wel-affected, with a Book annexed, entituled Eng∣lands new Chaines discovered. The most material points thereof are,* 23.12 that they find fault with The Agreement of the People, presented to the House by Lieu. Gen. Hammond, from the Officers of the Army: because,

1. They like not there should be any intervals between the end of this Representative now sitting, and the beginning of the next, whereby du∣ring the said Intervall the Supreme power will be left in the new ere∣cted Councel of State, a constitution of a new and unexperienced na∣ture, which may designe to perpetuate their power, and keep off Parlia∣ments and Representatives for ever.

2. They conceive no lesse danger in that it is provided that Parlia∣ments for the future, are to continue but 6. months, and the Councel of State 18. Months; in which time having command of all the Forces by Sea and Land, they will have great opportunities to make them∣selves absolute and unaccountable.

3. They are not satisfied with that Clause in the said Agreement, That the Representative shall extend to the erecting and abo∣lishing Courts of Justice; since the alteration of the usuall way of Trialls by 12. sworne men of the Neighbour-hood may be included therin, as hath lately been done by erecting a new High Court of Justice criminall under a President and Commissioners, or Tryers picked and chosen in an unusuall way, all liberty of exceptions against them being over-ruled.

4. They are not satisfied with that Clause in the Agreement, That the Representative have the Highest finall Judgment; since

their Authority is onely to make Generall Laws, Rules and Directions for Courts, and Persons assigned by Law to execute them, unto which the Representatives themselves are to be subject, it being a great par∣tiality and vexation to the People, that the Law-makers should be Law-executors.

5. They finde fault with the Excise, calling it, The great obstru∣ctor of all Trade, farre surmounting Ship-money, and all Patents, Projects, and Monopolies before this Parliament.

6. The Act for Pressing of Sea-men.

7. The General and Officers obstructing the Presse.

8. The Chancery and Courts of Justice not regulated.

* 23.139. They complaine, That a Councel of State is hastily chosen as Guardians of the Peoples liberties, with a vast and exorbitant power: 1. To command, order, and dispose of all Forces by Sea and Land, and all Magazines of Store in England and Ireland. 2. To dispose all publique Treasure. 3. To command any Person whatsoever before them, to give Oath for discovery of Truth. 4. To Imprison any that shall disobey their Commands, and such as they shall Judge contuma∣cious: what now is become of Magna Charta, and the Liberties of the People, That no Mans Person shall be Attached or Imprisoned, or Disseised of his Free-hold or Free-customes but by lawfull Judge∣ment of his Equalls? This Councel of State hath got all power in∣to their hands (a project long laboured) and now their next mo∣tion will be (pretending ease to the People) to Dissolve this Parlia∣ment.

10. The Petitioners complaine, that in order to settle their Tyran∣ny, the Councel of Officers insisted upon it, That a motion should be made to the House of Commons, to enable them to put to death by Martial Law all such as they shall judge by Petitions, or otherwise to disturbe the present proceedings, whether Mem∣bers of the Army, or not. And when it was urged, That the Civil Magistrate should do it: it was answered,* 23.14 They could hang twen∣ty ere the Magistrate could hang one. The prayer of their Petition is:

1. That the Self-denying Ordinance be observed.

2. That they would consider how dangerous it is, to continue the Highest Military Commands so long in the same Persons, especially acting so long distinct, and of themselves, as those now in being have

done, and in such extraordinary waies, whereunto they have accusto∣med themselves, which was the original of most Tyrannies.

3. That they would appoint a Committee of Parliament-men, to hear, and determine all controversies between Officers and Officers, Officers and Souldiers: to mitigate the rigour of Martiall Law, and to provide it be not executed upon any, not Members of the Army.

4. That they will open the Presses.

5. That they will dissolve this Councel of State, threatning so ma∣nifest Tyranny.

6. That they will severely punish all such as acting upon any Or∣der, Ordinance, or Act of Parliament, shall exceed the power conferred on them.

After this came forth a second part of Englands new Chaines dis∣covered,* 23.15 setting forth the hypocrisie and perfidiousnesse of the Councel of the Army and the Grandees, in cheating all Inte∣rests, King, Parliament, People, Souldiers, City, Agitators, Levellers, &c. which tells you, That the Grandees walk by no principles of Honesty or Conscience, but (as meer Polititians) are governed altogether by occasion as they see a possibility of making progress to their Designs, which course of theirs, they ever termed, A waiting upon Providence, that under colour of Religion, they might deceive the more securely. It tells you, their intent is to Garrison all great Towns, to break the spirits of the People with oppression and poverty. It farther Declares, that these Grandees judge themselves loose, when other men are bound; all Obligations are to them Transitory and Ceremonial; and that every thing is good and just as it conduceth to their Inte∣rests. That the Grandees never intended an Agreement of the People, but onely to amuse that party, whilest they hastily set up a Councell of State to establish their Tyranny, that to prepare the way to this, they broke the House of Commons, took away the House of Lords, removed the King by an extrajudiciall way of proceedings, and erected such a Court of Justice as had no place in the English Government. That the remainder of the House of Commons is become a meer channell through which is con∣veyed all the Decrees and Determinations of a private Councell of some few Officers. All these, and the Votes, That the Supreme power is in the people, and the Supreme Authority in the Commons

their Representative, were onely in order to their Interests of will and power. That they place their security in the divisions of the People. That if the present House of Commons should never so little crosse the ambition of these Grandees, they would shew no more modesty to them then they have done to the excluded Members:* 23.16 And so it concludes with a Protestation against their breaking the Faith of the Army with all Parties, their dissolving the Councel of Agitators, and usurping a power of giving forth the sense of the Army against the Parliament and People, against their shooting to death the Souldier at Ware,* 23.17 and their cruelties exercised upon other Persons, to the debasing of their Spirits, and therby new-moulding the Army to their Designes: against their playing fast and loose with the King and His Party till they had brought a new and dangerous Warre upon this Nation. They also protest against their dissembled Repentances, against their late extraordinary proceedings in Bringing the Army upon the City, (to the ruine of Trade) their breaking the House 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 absolute Domination. They also protest against the Ele∣ction and establishment of those High Courts of Justice, as unjust in themselves, and of dangerous precedent in time to come; as likewise against the Councel of State, and putting some of them∣selves therin, contrary to their own Agreement. They also protest against all other the like Meetings of those Officers, that on Thursday, 2. Feb. Voted for so bloody a Law, as to hang whom they should judge disturbed the Army, as having no power either by such Councels to give the sense of the Army, or to judge any Person not of the Army, or to do any thing in reference to the Common-wealth.* 23.18

About this time also became publique a pretty Book, entituled [The Hunting of the Foxes from New-market and Triploe to White-hall by 5. small Beagles,] 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 whilst they carried on their platforme of absolute tyranny (long since hatched by Ire∣ton) by erecting a Councel of State: no sooner was this monster

born, but it devoured half the Parliament of England, and now it is adorned it self with Regall magnificence, and majesty of courtly Attendants, and like the 30 Tyrants of Athens, to head it self over the People; this is, and yet this is not our new in∣tended King, there is a King to succeed, this is but his Viceroy. O Cromwell! whither art thou aspiring? the word is already given out amongst their Of••••cers, That this Nation must have one prime Magistrate or Ruler over them, and that that the Generall hath power to make a Law to bind all the Commons of England: This was most daringly and desperately avowed at White-hall, and to this temper these Court-Officers are now a moulding: He that runs may read and fore-see a new Regality, thus by their Machivilian pretences and wicked practices, they are become Masters and Usur∣pers of the name of the Army, and of the name of the Parliament, under which Visors they have levelled and destroyed all the Au∣thority of this Nation; for, the Parliament indeed and in truth is no Parliament, but a Representative Glass of the Councell of Warre; and the Councell of Warre but a Representative of Cromwell, Ireton, and Harrison: and these are the All in All of the Nation, which under the guises and names of Parliament, Army, Generall Councell, High Court, and Councell of State, play all the strange pranks that are played. And further, p. 13. The conclave of Officers have sucked in the venome of all former corrupt Courts and Interests, the High Commission, Starre-Chamber, the House of Lords, the King and his privy Councell,* 23.19 are all alive in that Court called, The Generall Councell of the Army. 1. The King stood upon it, That he was accountable to none but God, that He was above the Parliament and People; and to whom will these men be accountable? to none on earth: and are they not above the Parliament? they have even a Negative Voice thereover, formerly the Commons could pass nothing without the House of Lords, and now they dare pass nothing without the concur∣rence of the conclave of Officers: we were formerly ruled by King, Lords, and Commons; now by a Generall, Court Martiall, and House of Commons: what is the difference? the Lords were

not Members both of the House of Peers, and of the House of Commons, but the Officers, (our martiall Lords) are Members both in the House, or Councell of Officers, and in the House of Commons, we have not the change of a Kingdom to a Com∣mon-wealth; we are onely under the old cheat, A transmutation of Names, but with the addition of new Tyrannies, for casting out one unclean Spirit, they have broug•••• with them in his stead seven other unclean Spirits more wicked than the former, and they have entered in and dwell there, and the last state of this Common-wealth is worse than the first. Lastly, they set down some illegall proceed∣ings and Examinations before the Councell of Warre, exceeding the High Commission, and Star-Chamber.

* 23.20These three Books shew the late endeavours of the Agitators, and that party, which the Grandees politickly mis-call (to cast an odium upon them) Levellers; they are the truest Assertors of hu∣mane Liberty, and the most constant and faithfull to their Princi∣ples and party of any in the Army, and though they have many redundancies and superfluous Opinions fit to be pruned off by conversing with discreet honest Men, or rather by a discreet and just publique Authority, (which I am confident is feasible, since their principles concenter in the publique, not in their own pri∣vate Interest and Opinions, and are no other waies changeable than conduceth with the emergent occasions of the Common-wealth) yet they are but like the water-boughs of a healthy fruit, Tree▪ rather troublesome than dangerous, whereas the designs of their Antagonists (like rocks under water, or poyson in well-cooked meat) destroy before they are discovered.

* 23.21About this time arose a Phoenix out of His Majesties Ashes, that most excellent Issue of His Brayn, entituled, [THE POUR∣TRAICTURE OF HIS SACRED MAIESTY IN HIS SOLITUDES AND SUFFERINGS.] A Book full fraught with wisdom, Divine and Humane, shewing Him to be more then Conquerour of His Enemies in His rare Christian patience and cha∣rity; the very reading of it aggravateth our loss of so Gracious and excellent a Prince, that had learned the whole method of humane perfection in the schoole of adversity. Herod and his Jews never persecuted Christ in his swadling-clouts with more indu∣strious malice, then the Antimonarchicall Independent Faction,

this Book in the Presses and shops, that should bring it forth into the world, knowing that as the remembrance of Heaven strikes a horror into us of Hell, So the contemplation of his virtues will teach us to abhorre their vices.

March 8. 1648.* 23.22 The Commons assented to a new Form of a Writ for election of Knights and Burgesses for the Parliament.

But three dayes before it was reported to the House from the Councell of State, what number of Horse and Foot they thought fit to be kept up for the service of England and Ireland,* 23.23 and the Monthly charge, which estimated come to 160000 l. per mensem. You see we are likely to finde these our new Lords such graci∣ous Masters to us, that (as the second part of Englands new Chains saith) We shall have Taxes, though we have neither Trade nor Bread. In the Earle of Essex time (when the Warre was at the highest) the Monthly Tax came but to 54000 l. a Month, yet had we then seven or eight Brigades besides his Army and Garrisons: but that the Faction of Saints may carry on the work of a thorow Reformation in our purses, as well as they have done in the Church and Common-wealth, they first raised the Tax to 60000 l. a Month for England, besides 20000 l. a Month pretended for Ire∣land (but I believe little of it slips through their sanctified fingers to go thither.) And now (to shew they can use double dealing against the Ungodly) they would double the summ from 80000 l. to 160000 l. a Month; this is to break our hearts with property, and make them take what impressions of slavery they please to set upon them; this Conventicle of State will engross all the Coyn and Treasure of the Land into their own hands, and then subdue us therewith, and make us (like slavish Aegyptians) sell our selves and our Lands for Bread, or money to buy Bread, when (that inseparable companion of a long warre) Famine approch∣eth, which their barbarous and illegall Sequestrations (unstock∣ing mens Farms and laying them wast) will inevitably bring up∣on us; they have more hope to subdue and lessen the number of their Opposites by famine and want, then by the Sword; in order to which, they have destroyed the Trade of the City, and undone multitudes of Trades-men, who being disabled to pay their Taxes, the Army cause all their Arrears to be leavied upon the City by a new Tax upon the rest of the Inhabitants and the Out∣landlords;

and when Cromwell was told, this would undo the City, He answered, It was no matter, the more were undone, the more would clap Swords to their sides and come into the Army: you see Souldiery is intended to be the chief Trade.

* 23.24March 17. 1648. The empty House of Commons in farther prosecution of their said Design, and to please their Masters of the Army, passed, printed, and published in the form and style of a Statute this Paper following: intituled,

An Act for the Abolishing the Kingly Office in England.

WHereas Charles Stuart late King of England, Ireland, and the Territories and Dominions there∣unto belonging, hath by Authority derived from Parlia∣ment,* 24.1 been, and is hereby declared to be justly condemned, adjudged to die and put to death, for many treasons, mur∣thers, and other hainous offences committed by him, by which Judgement he stood and is hereby declared to be at∣tainted of High Treason, whereby his Issue and Posterity, and all others pretending Title under him, are become unca∣pable of the said Crowns, or of being King or Queen of the said Kingdom or Dominions, or either or any of them:

Be it therefore Enacted and Ordained, and it is Ena∣cted,* 24.2 Ordained, and Declared, by this present Parlia∣ment, and by Authority thereof, That all the People of England and Ireland, and the Dominions and Territo∣ries thereunto belonging, of what degree or condition so∣ever, are discharged of all Fealty, Homage and Allegiance which is or shall be pretended to be due unto any of the Issue and Posterity of the said late King, or any claiming under him; and that Charles Stuart eldest Sonne, and James called Duke of Yorke, second Sonne, and all other the

Issue and Posterity of him the said late King, and all and every person and persons pretending Title from, by or under him, are and be disabled to hold or enjoy the said Crown of England or Ireland,* 24.3 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 England and Ireland, Prince of Wales, or any of them; or to have and enjoy the power and Dominion of the said Kingdoms and Dominions, or any of them, or the Honours, Manors, Lands, Tenements, possessions, and Hereditaments belonging or appertaining to the said Crown of England and Ireland, and other the Dominions aforesaid, or to any of them, or to the Principa∣lity of Wales, Dutchy of Lancaster or Cornwal, or any or either of them, Any Law, Statute, Ordinance, Ʋsage, or Custome to the contrary hereof in any wise notwithstand∣ing: And whereas it is and hath been found by experi∣ence, that the Office of a King in this Nation and Ireland, and to have the power thereof in any single Person is un∣necessary, burthensome and dangerous to the liberty, safety, and publike interest of the people, and that for the most part, use hath been made of the Regal power and preroga∣tive, to oppress, impoverish, and enslave the Subject; and that usually and naturally any one person in such power, makes it his interest to incroach upon the just freedom and liberty of the people, and to promote the setting up of their own will and power above the Laws, that so they might enslave these Kingdoms to their own Lust:* 24.4 Be it there∣fore Enacted and Ordained by this present Parliament, and by Authority of the same, That the Office of a King in this Nation, shall not henceforth reside in, or be exercised by any one single Person; and that no one person whatsoever, shall or may have, or hold the Office, Stile, Dignity, Power or Authority of King of the said Kingdoms and Domini∣ons,

or any of them, or of the Prince of Wales, Any Law, Statute, Ʋsage, or Custome to the contrary thereof in any wise notwithstanding. And it is hereby Enacted, That if any person or persons shall endeavour to attempt by force of Armes, or otherwise, or be aiding, assisting, c••mforting, or abetting, unto any person or persons that shall by any wayes or means whatsoever, endeavour or attempt the reviving or setting up again of any pretended Right of the said Charles, eldest Son to the said late King, James called Duke of York, or of any other the Issue and Posterity of the said late King, or of any person or persons claiming un∣der him or them, to the said Regal Office, Stile, Dignity, or Authority, or to be Prince of Wales; or the promoting of any one person whatsoever, to the Name, Stile, Dignity, Power, Prerogative or Authority of King of England and Ireland, and Dominions aforesaid, or any of them: That then every such offence shall be deemed and adjudged High-Treason,* 24.5 and the Offenders therein, their Counsellors, Pro∣curers, Aiders and Abettors, being convicted of the said offence, or any of them, shall be deemed and adjudged Tray∣tors against the Parliament and People of England, and shall suffer, lose and forfeit, and have such like and the same pains, forfeitures, judgements and execution, as is used in case of High Treason: And whereas by the abolition of the Kingly Office provided for in this Act, a most happy way is made for this Nation (if God see it good) to return to its just and antient right of being Governed by its own Representatives or National meetings in Councel* 24.6, from time to time chosen and entrusted for that purpose by

the People; It is therefore Resolved and Declared by the Commons assembled in Parliament, that they will put a pe∣riod to the sitting of this present Parliament, and dissolve the same so soon as may possibly stand with the safety of the people that hath betrusted them, and with what is absolutely necessary for the preserving and upholding the Govern∣ment now setled in the way of a Common-wealth, and that they will carefully provide for the certain chusing, meeting, and sitting of the next and future Representatives, with such other circumstances of freedom in choice and equality in distribution of Members to be elected thereunto, as shall most conduce to the lasting freedom and good of this Com∣mon-wealth: And it is hereby further Enacted and De∣clared, notwithstanding any thing contained in this Act, no person or persons of what condition and quality soever, within the Common-wealth of England and Ireland, Domi∣nion of Wales, the Islands of Guernsey, and Jersey and Town of Berwick upon Tweed, shall be discharged from the obedience and subjection which he and they owe to the Government of this Nation, as it is now Declared, but all and every of them shall in all things render and perform the same, as of right is due unto the Supreme Authority hereby declared to reside in this and the successive Represen∣tatives of the People of this Nation, and in them onely.* 24.7

About the same time they passed another Act, for Abolish∣ing the House of Peers, to this purpose.

THe Commons of England assembled in Parliam nt, finding by too long experience that the House of Lords is useless and dan∣gerous to the People of England to be continued, have thought fit to Ordain and Enact, and be it Ordained and Enacted by this present Parliament, and by the Authority of the same, That from henceforth the House of Lords in Parliament shall be, and is hereby wholly abolished and taken away, and that the Lords shall not from henceforth meet, or sit in the said House called the Lords House, or i•• any other House or place whatsoever, as a House of Lords, nor shall sit, vote,

advise, adjudge, or determine of any matter or thing whatsoever, as a House of Lords in Parliament. Nevertheless it is hereby Declared, That neither such Lords as have demeaned themselves with honour, courage, Fidelity to the Common wealth, nor their Posterities who shall so continue, shall be excluded from the publike Councels of the Na∣tion, but shall be admitted thereunto, and have their free Vote in Par∣liament if they shall be thereunto elected, as other persons of Interest elected and qualified thereunto ought to have: And be it further Or∣dained and Enacted by the Authority aforesaid, that no Peer of this Land not being elected, qualified, and sitting in Parliament, as afore∣said, shall claim, have, or make use of any Priviledge of Parliament, either in relation to his person, quality or estate, any Laws, Ʋsage, or Custome to the contrary notwithstanding.

And to lessen the amazement of the People, the same day they passed and ordered to be printed,* 25.1 a Book called, [A Decla∣ration of the Parliament of England, expressing the grounds of their late proceedings, and of setling the present Government in the way of a Free State:] when they formerly passed the 4. Votes for no more Addresses, to our late King, they seconded it with a Decla∣ration, to shew the Reasons of those Votes, wherein they set forth no new matter but what they had formerly in parcels objected a∣gainst Him; and yet they have since that time made Addresses to ••im, and both taken and caused others to take the Oaths of Al∣legiance and Supremacy, and the Protestation & Covenant to de∣fend his person and Authority, &c. And in this Declaration there is no new Objection of moment, but what is contained in the for∣mer Declarations against Him, and as I looked upon the first De∣claration as a Prologue, so I look upon this last as the Epilogue to His Majesties Tragedy. The whole matter of charge in both of them hath been sufficiently answered in several Books, and ei∣ther confuted or justified, to which I refer the Reader, whom I will only trouble with some few short Observations of my own upon it: (p. 5.) The Parliament (in imitation of their Masters, the Councel of Officers) pretend a necessity to change the fundamen∣tal Government into a Free-State, to prevent Tyranny, Injustice, and War, &c. (I doubt rather to promote them.) It affirmeth, (p. 15, 16.) That Offices of Inheritance are forfeited by Breach of

Trust, (a condition annexed to every Office) and seems to imply as much of the Kingly Office: but this Pen-man had forgot, that by the Law the Crown takes away all defects, and the King being Supreme Head and Governour over all Persons, and in all Causes, it were absurd to make Him accountable to any Authority; for in such case that Authority would be Supreme to Him, and so erect two Supremes one jarring and interferring with the other, which in Law and Policy is as absurd as to suppose two Almighties or Infinities in Divinity, which cannot be, for that one Infinity would terminate another: Impossibile esse plura Infinite,* 25.2 quoniam al∣terum esset in altero finitum, saith Cusanus. (pag. 16.) The Declarers play the Orators in behalf of the felicity of Government by Free-States, rather than by Kings and Princes. This is a spacious field to walk in, I will onely cite some learned Authors living in Re∣publiques of a contrary opinion, and send my Readers to them for their Arguments. It applauds the prosperitie and good Govern∣ment of the Switz: which (I think was never comm••nded be∣fore) a gross-witted People, living in a confused way of Go∣vernment, where virtue and industry 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∣fiscating [or sequestring] their Estates, the best wealth of this Na∣tion is Pensions 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 subduing) danger of the State. For Venice, it is an Aristocracie (if not Oligar∣chy) of many petty Kings, so burdensome to all their Subjects upon Terra firma, that they dare not trust them without Citadels 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 Cromwell, or an Ireton, or by some property subordinate to them in all but Title. The Morlachy, and many Inhabitants of Dalmatia, and Candia, have lately pre∣ferred the Turkish Government before theirs. As for the Low-Countries, (their neerest example) peruse Bernavelt's Apologie, and many good Histories. For Rome, from their Regifugium, they were never free from Civill Warres, cecessious Tumults, and changes of Government, first to Patrician Consuls, Regia pote∣state;

then to promiscuous Consuls (Plebeyans as well as Patri∣tians) with popular Tribunes to controule them (then to De∣cemviri legibus Scribendis; then to Tribuni militares consulari po∣testate, Dictators upon all speciall occasions, sometimes an Ari∣stocracy, sometimes a Democracie, between two Factions Patritian and Plebeyan. And never could that unhappy Idoll of the mul∣titude [Libertie] find any time of setled rest and Government untill their giddy Republique was overthrown by Julius Caesar, and turned into a Monarchie by Augustus, which approved Cra∣tippus saying, Vitiosum Reipub: statum exigere Monarchiam; and then (and not till then) Rome came to his height of Glory,* 25.3 and Dominion, and continued so a long time, sometimes empayred by the vices of some Emperors, and sometimes repayred by the virtues of others: he that reads Livy and Tully's Orations, with many other Authors, shall find how infinite corrupt the People were, both in making and executing Laws, in dispensing Justice both Distributive, and Commutative; what Complaints, that their comitia were venalia; what Bulwarks they were fain to erect against the ambition and covetousness of their Great men; Leges Ambitus, leges Repetundarum peculatus; all to no purpose: the great abuse of Solicitors and Undertakers in every Trybesto contracte, for suffrages; the Domestick use of their Nomenclators, their Prehensations, Invitations, Client ships; their kissings and shaking hands (even from the greatest Personages) prosti∣tuted to every Cobler and Tinker; their costly publique Shews and spectacles to woe the Rabble; he that reads observingly shall find that ambition and covetousness (nurses of all corrupti∣on) were the best part of the wisdom and industry of that Re∣publique untill it came to be a Monarchie, and shall farther find, that those corrupt manners and customs which the People (from the highest to the lowest) had contracted during the severall li∣centious Alterations of their Common-wealth, from one form of Republique to another: were (like a second nature) not to be corrected by the better discipline of a Monarchie, and (at last) occasioned the ruine of that Monarchie, together with the desola∣tion of that Nation, which shews, that Monarchie (with which their Nation began) was their naturall and genuine Government, when it could not be taken away sine interitu subjecti, without

the ruine of the whole subject matter. (p. 11.) It is said, It hath been latelie computed, that the Court purveyances (notwithstanding many good Laws to the contrary) cost the Countrie more in one year, than their Assesments to the Army; what? above 100000 l. a month, when the charge of the KING'S House-keeping came but to 50000 l. a year: (I speak not of Wages and Pensions) I know not who should make this computation, unless old Sir Hen. Vane, and his Man Cornelius Holland, (the latter of which was turned out of his Office in the Green-cloth for abusing this Place) not in whose time of employment (unless their own) such pro∣digious abuses should happen. (p. 19.) It is said,* 25.4 The legall and justifiable Revenue of the Crown fell short of 100000 l. per annum: 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 phrase (legall Revenue) may prove: But I conceived all that Q. Eliza∣beth, the Kings Father and Himself received, had been His Reve∣nue de jure; I am sure it was de facto, and the Parliament in their Declarations promised, to settle a better Revenue upon Him than any of His Ancestors enjoyed: neither did this, nor any former Par∣liament complain, that His Purse was grown too full, or His Re∣venue too fulsome: and if the Committe of the Revenues had enjoyed no more but their own legal and justifiable Revenue, so many of the KING'S Servants and Creditors had not starved for want of their own. (p. 19.) They very much aggravate Mo∣nopolies, Patente, and Projects: I wonder they suffer so many Men guilty in that kind to sit in their House, old Sir Henry Vane, Sir Henry Myldmay, Sir John Hypsley, Cornelius Holland, Lau∣rence Whytakers, &c. (p. 20.* 25.5) They speak against the Lords Ne∣gative Voice, but not a word against the Councell of Warres Ne∣gative Voice, who march up in hostile manner against Parliament and City, and secure, seclude, and drive away 250 Members at one time, if they vote any thing contrary to their Interest. They speak likewise against the Lords Judiciall power over Commoners, but have forgot what unjust and illegal use themselves attempted to make of the Lords jurisdiction against the 11 impeached Mem∣bers, the 4 Aldermen, and Citizens. (p. 21.* 25.6) They excuse their receding from their Declaration of April, 1646. (they might

have minded you of a Vote of a later Date, had it made for their turn) for Governing the Kingdom by King, Lords, and Commons. To this it is said, the King nor Lords could take no advantage there∣of being a contract they never consented unto, indeed it was never presented to them; but I shall ask whether the people may not take advantage thereof? for whose satisfaction this was Decla∣red, (a generall grudge being then amongst them) that the Parlia∣ment and Army would subvert the ancient Fundamentall Govern∣ment, (p. 22, 23.) They answer an Objection, that these great matters ought to be determined in a full House, not when many Mem∣bers are excluded by force, and the priviledges so highly broker, and those who are permitted to sit, do act under a force. To this is answe∣red (how truly let any man that hath read our Histories tell) That few Parliaments have acted but some force or other hath been upon them, (I wonder they did not argue thus for the silly Tumult of Apprentices) for Breach of Priviledges of Parlia∣ment. They Answer, It will not be charged upon the remaining par∣ty, or to have been within their power to prevent it, or repair it, (to this I reply, that it is doubted the remaining party (being the Army party) contrived it in their Junto at Somerset-house: for (p. 23.) it is acknowledged, they called and appointed the Army for their Guard, which was not openly done by a full House: it must be therefore secretly done by a party. See many Reasons for this con∣jecture before Sect. 24. Farther they say, That the safety of the King∣dom ought to be preferred before priviledge of Parliament; and that if their House had declined their dutie (viz: by not Acting) they had resigned up all to ruine and confusion: from whence should this ruine and confusion come, but from their own Army, which they perpetuate to eat up the Kingdom; and continue their own power and profit? and I wonder they did not use the same mo∣deration after that childish Tumult of Apprentices, but Decla∣red all Acts, &c. passed from 26. July (which day the Tumult began and ended) to the 6. August, null and void. And endeavoured to make the very sitting of the Members and the Citizens obeying to the said Orders (though no Judges of the force) Treasonable: they deny they sit now under a force, the Army being their best friends, called by them for their safety. Indeed it is generally thought the Army and this remnant of the House of Commons,

are as good Friends and Brethren as Simeon and Levi, Pilate and Herod were; and were called to secure the Members and purge the House: yet if the remaining party should Vote contrary to the Dictates of the Councell of War, Quaere,* 25.7 Whether they will not be used as uncivilly as the secured Members? nay worse, by being called to account, for cousening the State (p. 24.) They say, There is a cleer consistencie of our Laws with the present Go∣vernment of a Republique. I desire to know who by our Law can call or bold a Parliament but the KING? who is, Principium, Ca∣put, & Finis Parliamenti? who is the fountain of Justice, Honour, Peace, when we have no King? who is Conservator of the Laws and Protector of the people? where is the Supreme Au∣thority? to Vote it (in their own case) to be in a Representative of 50 or 60 Commons, without legall proofs or precedents is to lead Mens reason captive, as well as their Persons and Estates, (to impose an implicite faith upon Man, not to use discourse and reason against their Votes is to take Man out of Man, to deny him his definition, Animal rationale) to whom doth the Subject owe Allegiance? and where is the Majesty of England when there is no King? for all Treason is, Crimen laesae majestatis, contra debitam ligeanciam. Therefore where (by the known Laws) no Allegiance is, there is no Treason. Lastly, if our present Laws be so consistent with the Republique, I desire to know why they did not Trie the 4 Lords legally at the Common Law by their Peers, and Sir John Owen by a Jury of 12 Men of the Neigh∣bourhood, according to Magna Charta, and other good Laws? but were faine to put a Legislative Trick upon them, and erect such a Court for the Triall of them as was never heard of in England before, nor hath no place in our Government. They conclude (p. 26.) That as they have not intermedled with the affairs and Government of other States, so (they hope) none will inter∣meddle with them: This assertion is as true as the rest, it being well known, that for about 3. years last pass'd they have boasted, That they have many Agents in France, who under colour of Merchandise, vent Antimonarchicall and Anarchicall Tenents, and sow seeds of Popular Liberty amongst the poor Peasants, and Huguenots of France, which they brag prospered well there, their very declared principles and doctrine of their Pulpits and Army

are, That they must break the powers of the Earth in pieces. Monar∣chy must down all the world over, first in England, then this Ar∣my must put over and manumit the Peasants of France, the Boore of Germany, &c. And divers of this party have reported, That they have supplied the Revolters of France with money; their Licenced News-Books are full of this Doctrine, and of many Invectives against the Tyranny of the French King.

* 25.8Such were their proceedings against the King, or rather against Kingly Government, which was cut off by the same Axe that mur∣thered the King, and was (indeed) first in their intention, though last in execution; as appeareth by Harry Martin's Speech in the House upon the Debate, Whether a King, or no King? That if they must have a King, he had rather have had the last than any Gentle∣man in England? he found no fault in His person, but in his Office.

* 25.9The King had offended the Papists in the last Treaty, by granting so much to the Parliament for their suppression: The Independents perceiving it, and willing to joyn with any Inte∣rest to make good their design. It was proposed at the Coun∣cel of Officers, That the Papists should raise and pay about 10000 Additional Forces for this Army, in recompence whereof, all penal Laws concerning them should be repealed, all Taxes and Contributions ta∣ken off, and they to have the protection of this Parliament and Army. Under the same notion they endeavoured to joyn Interests with Owen Roe Oneale,* 25.10 that commanded the bloody party of massacring Irish (with which they had formerly taxed the King) they supplied him with Ammunition, and admitted O Rea∣ly,* 25.11 the Popes Irish Nuntio to a Treaty here in England, Sir John Winter was taken into imploiment, and the Arrears of his Rents gathered for him by Souldiers, to the regret of the Coun∣trey. Sir Kenelme Digbie had a pass to come into England, and came, as was foretold by a Letter from an Independent Agent for the Army, from Paris to an Independent Member of the House of Commons, a creature of the Army, bearing date, 28. Nov. 1648. and printed at the latter end of [The true and full Relation of the Of∣ficers and Armies forcible seizing of divers eminent Members, &c. Walter Mountague let forth upon Bail; what becomes of this Ne∣gotiation? and whether those that have played fast and loose

with all Interests in the Kingdom, have not done the like with the Papists? I cannot yet learn.

This Winter,* 25.12 Coals (as well as other things) had been at ex∣cessive rates in the City, whereby many poor perished with cold and hunger; what the reason thereof was (besides unreasonable Taxes, Excise, and Souldiers quartering in and neer the City) was diversly disputed: most men imputed the blame to Sir Ar∣thur Haslerigge Governour of Newcastle, who (without any pub∣lique Authority) presumed to lay on a Tax of 4 s. a Chaldron upon the Coals there; which is estimated to amount to 50000 l. a year; what use that Money was put to was as variously whis∣pered: as likewise what design they had in bringing so pinch∣ing a want upon the City? some said, it was to inforce the poor∣er sort into Tumults, and then to charge the wealthier sort with the crime, and ensnare them; others said, it was to cast an odium upon the PRINCE, as if His Ships had kept in the Colliers.

The 23. March 1648. The Commons ordered,* 25.13 That the Lord Major of London in person be required to publish and proclaim in the City the aforesaid Act for dissolving Kingly Government: and to give an account thereof to the House. The Major refusing this service, was by the Commons called to the Bar, fined 2000 l. committed prisoner to the Tower, and outed of his Majoralty; and Alder∣man Andrews (a man after their own heart) chosen by a few Schismaticks in his place.

Ordered by the Commons (upon a report from the Councel of State) that Commissioners he appointed to make Sale of the Kings,* 25.14 Queens, and Princes personal estate, upon Inventorie and Apprisal, for satisfaction of all just Debts due to well-affected persons (Viz. Men of their Faction) in this Nation, before the beginning of these Wars: But first 30000 l. to be taken out of it for the use of this Summers Fleet, and that it be referred back to the 40 Hogen Mogens, or Councel of State to consider what they think fit to be sold, and what they think fit to keep and reserve for the use and furniture of them and their Attendants. Observe, that by that time this gulph is stopped, the whole re∣mainder to be sold for payment of Debts aforesaid, may be writ∣ten with a Cypher.* 25.15

I hear the House hath given away the Kings House, Parks and Honour of Eltham to Sergeant Bradshaw, their quondam Pre∣sident.

Greenwich to Bulstrode Whitlock. The Lions Skin is now dividing amongst the party. Thus have they killed and taken possession: and the Kings Revenue hath proved as ominous to Him as Naboth's Vineyard was to his Master.

* 25.16This day another Report was made to the House from the Committee of the Army of the particular sums to be Monthly levied in each County, to make up the whole sum of 90000 l. Monthly for the Armies of England and Ireland, besides 20000 l. per mens. out of Fee-farm Rents.

28 March 1649. The Commons in pursuit of the advice given them by Monsieur Paw,* 25.17 and according to the example cited by him of the Low Countries, Ordered, That no Minister in his Pulpit, should meddle with any State affairs: had this been observed from the beginning, these Pulpit-Incendiaries had never kindled a War between the King and Parliament.* 25.18

About the beginning of Lent last, Master Faucet Minister of Walton upon the Thames in Surrey, preached in his Parish Church after dinner, when he came down out of his Pulpit it was twi∣light; and into the Church came six 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 Parishioners to stay a little, for he had a Message to them from God, and offered to go up into the Pulpit, but the Parishioners would not let him; then he would have delivered his errand in the Church, but there they would not hear him; so he went forth into the Church-yard, the people following him, where he related to them, That he had a Vision, 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 consisted of 5 Lights:

1. That the Sabbath was abolished as unnecessary, Jewish, and meer∣ly ceremonial: And here (quoth he) I should put out my first Light, but the wind is so high I cannot light it.

2. Tythes are abolished as Jewish and Ceremonial, a great burden to the Saints of God, and a discouragement of industry and tillage: And here I should put out my second Light, &c. as aforesaid, which was the bur∣den of his song.

3. Ministers are abolished as Antichristian, and of no longer use now Christ himself descends into the hearts of his Saints, and his

Spirit enlightneth them with Revelations, and inspirations: And here I should have put out my third Light, &c.

4. Magistrates are abolished as useless, now that Christ himself is in puritie of Spirit come amongst us, and hath erected the Kingdom of the Saints upon earth; besides, they are Tyrants and Oppressors of the Li∣berty of the Saints, and tie them to Laws and Ordinances, meer humane inventions: And here I should have put, &c.

5. Then putting his hand into his pocket, and pulling out a little Bible, he shewed it open to the People, saying, Here is a Book you have in great veneration, consisting of two parts, the Old and New Testament; I must tell you, it is abolished: It containeth beggarly rudiments, milk for Babes; But now Christ is in Glory a∣mongst us, and imparts a fuller measure of his Spirit to his Saints then this can afford; and therefore I am commanded to burn it before your faces: so taking the Candle out of his Lanthorn, he set fire of the leaves. And then putting out the Candle, cryed, And here my fifth Light is extinguished.

Upon a Report from the Councell of State,* 25.19 the Commons Voted void the Earle of Warwick's Commission for Admirall, and appointed three Commissioners to have and execute the Admirals Place, with 3 l. a day a piece; a Commission for Mar∣tiall Law, and Land Souldiers aboard to keep under the Sea∣men, The three Admirals are, Col. Edw: Popham, Col. Rob: Blake, and Col, Deane.

Sunday after Easter-day,* 25.20 six Preachers militant at White-hall tried the patience of their Hearers; one calling up another suc∣cessively: at last the Spirit of the Lord called up Oliver Crom∣well, who standing a good while with lifted up eyes, as it were in a trance, and his neck a little inclining to one side, as if he had expected Mahomet's Dove to descend and murmure in his eare; and sending forth abundantly the groans of the Spirit, spent an hour in prayer, and an hour and an half in a Sermon. In his prayer he desired God to take off from him the Government of this mighty People of England, as being too heavy for his shoulders to bear: An audatious, ambitious, and hypocriticall imitation of Moses. It is now reported of him, that he pretendeth to Inspi∣rations; and that when any great or weighty matter is pro∣pounded, he usually retireth for a quarter or half an hour, and

then returneth and delivereth out the Oracles of the Spirit: surely the Spirit of John of Leyden will be doubled upon this Man.

* 25.21About this time the Palsgrave took his leave of the Parlia∣ment being much courted and complemented by them, and his 8000 l. per annum with all Arrears confirmed to him: since his departure Harry Martin (in a jolly humour) was heard to say, If the worst hapned, and that they should not he able to stand their ground in England, yet the Palsgrave would afford them a place of retreat in the Palatinate; the seeds of these Anarchicall, Anabap∣tisticall humours (upon the reducing of Munster) spread them∣selves in England, and now have a mind to return into Germany to kindle a fire there.

* 25.22About this time John Lilburn, and his Company, set forth a Book, called, [The Picture of the Councell of State, &c.] wherein they set forth the illegall and violent proceedings of the said Councell against them in seizing upon them with armed Bands of Souldiers, and interrogating them against themselves, &c. (where they have these words) The Faction of a Traiterous Party of Officers of the Army hath twice rebelled against the Parliament, and broke them in pieces, and by force of Armes culled out whom they pleased, and im∣prisoned divers of them, and laied nothing to their charge; and have left onely in a manner a few men, (besides 11 of themselves, viz: the Generall, Cromwell, Ireton, Harrison, Fleetwood, Rich, Ingolsby Hazelrigge, Constable, Fennick, Walton, and Allen Treasurer) of their own Faction behind them, that will (like Spaniel dogs) serve their lusts and wills; yea, some of the chiefest of them, viz: Ireton, Harrison, &c. yea, Mr. Holland himself styled them, a Mock Par∣liament, a Mock power, at Windsor▪ yea, it is yet their expressi∣ons at London: And if this be true that they are a Mock-power, and a Mock Parliam••nt, then. Quare, Whether in Law or Ju∣stice (especially considering they have fallen from all their many glorious promises, and have not done any one action that tends to the universall good of the people) can those Gentlemen sit∣ting at Westminster in the House (called, the House of Commons) be any other than a factious company of Men, trayte••ously com∣bined together with Cromwell, Ireton, and Harrison, to subdue the Laws, Liberties, and Freedoms of England, (for no one of them

protests against the rest) and to set up an absolute and perfect ty∣ranny of the Sword, will, and pleasure, and absolutely intend the destroying the Trade of the Nation, and the absolute impoverish∣ing the people thereof, to sit them to be their Vassals and Slaves. And again, the three forementioned Men, viz: Cromwell, Ire∣ton, and Harrison, (the Generall being but their stalking horse, and a cypher) and their trayterous Faction, having by their wills and Swords got all the Swords of England under their com∣mand, and the disposing of all the great Places in England by Sea and Land, and also the pretended Law making power, and the pretended Law executing power, by making among themselves (contrary to the Laws and Liberties of England) all Judges, Justices of Peace, Sheriffs, Bayliffs, Committee-men, &c. to exe∣cute their wils and tyranny, walking by no limits or bounds but their own wills and pleasures, and trayterously assume unto themselves a power to leavy upon the people what money they please, and dispose of it as they please, 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 dispose of the Kings, Queens, Princes, Dukes, and the rest of the Childrens Revenue; Deanes and Chapters Land, Bishops Lands, Sequestred Delin∣quents Lands, Sequestred Papists Lands, Compositions of all sorts, amounting to Millions of money, besides Excise and Customes; yet this is not enough, although (if rightly husbanded) it would, constantly pay above one hundred thousand men, and furnish an answerable Navy thereunto: But the people must now after their Trade•• are lost, and their Estates spent, to procure their Li∣berties and Freedoms, be Assessed about 100000 l. a Moneth,* 25.23 that so they may be able like so many Cheaters and State-thieves, to give six, eight, ten, twelve, fourteen, sixteen thousand pounds a piece over again to one another, (as they have done already to di∣vers of themselves) to buy the Common-wealths Lands one of another, (contrary to the duty of Trustees, who by Law nor equi∣ty, can neither give nor sell to one another) at two or three years

Purchase, (the true and valuable rate considered) as they have al∣ready done, and to give 4 or 5000 l. per annum, over again to King Cromwell, as they have done already out of the Earl of Worcesters Estate, &c. besides about 4 or 5 l. a day he hath by his Places of Lieu. Generall, and Colonel of Horse in the Army; although he were at the beginning of this Parliament but a poor Man; yea, little better than a Beggar (to what he is now) as well as others of his Neighbours.

* 25.242. Aprill 1649. A Petition subscribed by divers Persons in be∣half of John Lilburn and his company, was presented to the Commons, wherein (amongst other things) are contained these three just demands:

1. That no man be censured, condemned, or molested, but for the breach of some Law first made and published to the People, whereby is avoided that uncertainty and howerly hazard that otherwise every man is subject to, both in respect of his Estate, Liberty, and Life.

2. That every crime have not onely its penaltie annexed, hut to∣gether therewith the manner and method of proceedings ascertained.

3. That the execution of Laws be referred to ordinary Magi∣strates and Officers by Law deputed thereto, and that the Military power be not used, but where the Civil is so resisted, as that of its own strength it is deficient to enforce obedience.

* 25.25Aprill 12. 1649. It was referred to a Committee to consider of a way how to raise Pensions and Allowances out of Deans and Chap∣ters Lands to maintain supernumeracy Itinerant Ministers, who should be Authorized to go up and down compassing the earth, and adulterate other Mens Pulpits and Congregations, and put affronts and raise factions and scandals upon such orthodox and conscientious Ministers (in order to their Sequestration) as can∣not frame their Doctrine to the damnable practises and Anar∣chicall principles of the times. These wandering Apostles are to preach Antimonarchicall seditious doctrine to the people, (su∣table to that they call the present Government) to raise the ras∣call multitude and schismaticall rabble against all men of best quality in the Kingdom, to draw them into Associations and Combinations with one another in every County, and with the Army against all Lords, Gentry, Ministers, Lawyers, rich and peaceable men, and all that are Lovers of the old Laws and Go∣vernment,

for the better rooting of them out, that themselves alone may inhabite the earth, and establish their new tyranny or Kingdom of the Saints upon the ruines of our ancient Monar∣chy. These men (like Balaam) shall bless and curse for hire, and vent State-news, State-doctrine, and poison the people with such changeable and various principles as from time to time shall be dictated to them by those Pseudo-polititians as now sit at the Helm; they shall cousen the people with pretended Illumi∣nations, Revelations, and Inspirations, and pour out all the Vials of Gods wrath amongst them.

Cromwel and Ireton and their Faction,* 25.26 having formerly delu∣ded all the Interests and Parties of this Kingdom, were arrived to that height of impudence as to endeavour to cheat them all over again, they had by murthering the King, abolishing the House of Lords, putting an execrable force upon the far major part of the House of Commons, making themselves and their Party a tyrannical Councel of State to usurp the Supreme power and Government, endeavouring a Toleration of all Reli∣gions, attempting to take away Tithes,* 25.27 mocking and then tyran∣nizing over that part of the Army they please to miscall Level∣lers, distracted and discontented all Parties within the Kingdom, and stirred up all the Princes of Christendom to defend the common Interest of Kings, now controverted in England. This cloud threatned to pour down a new War upon them; to provide a remedy therefore for this sore, Cromwel moved in the House of Commons, That the Presbyterian Government might be setled, promising his endeavors thereto; but whether he meant a Classical or Congregational Presbytery (which differs little or nothing from Independency) he did not declare•• and here lyeth the fallacy; he likewise moved, That the secured and secluded Members might again be invited into the House: they sent their A∣gents both Lay-men and Ministers (amongst whom Mr. Mar∣shal, Nye, Carrell, Goodwin, and Hugh Peters were chief) to ca∣jole and decoy the Ministers, Citizens, and the expulsed Mem∣bers, with discourses and propositions, they told them, The Pres∣byterians had differed from the King in point of civil Interest, which was more irreconcileable than that Interest of Church-Government, whatsoever shew was made to the contrary, (They

will not endure to hear of the KING'S exemplary patience and Christian charity to all; nor of His precepts and strict injuncti∣ons to His Son of clemency and abstinency from revenge, con∣tained in His last Book, [The Pourtraicture of His Majestie.] These 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 against the late King, brought Him low, and prepared Him to receive his late deadly Blow from the Independents, and therefore the King would look upon both parties as equally guilty, and was deeply enga∣ged in point of Interest to cut off both Parties: Endeavouring by these discourses to put the Presbyterians into despaire (their own and Judas's sin) and then to work upon that base and coward∣ly principle of self-preservation, and invite them to joyn with them in point of civil Interest and common Defence. But their kindness was but like that of a malicious Man, who having plague-sores upon him, embraceth his friend rather to infect then cherish him: they know that by sitting, voting, acting, and com∣plying with them, (whose actions the Laws of God and the Land have damned and anathematized with the highest condemnati∣on) they should contract the guilt of all their forepassed crimes and treasons; in the mean time the Presbyterians should sit and act but as a suspected Party, and should be baffled and turned out again when the danger is past; the Independents keeping in their own hands all the power, profits and preferments of the Land, and using the Presbyterian party but as Gibeonites, Hewers of wood, and Drawers of water under them; they invited them therefore to share with them in their sins, shames, and punish∣ments, but would keep Achans Wedge and the Babilonish gar∣ment (the profit of their crimes) to themselves: And (as if it were not sufficient to cousen Man without mocking God) the House of Commons Ordered a strict Fast to be kept upon Thurs∣day, 19 April 1649. as a day of Humiliation to implore Gods for∣giveness for the ingratitude of the people, who did not sufficiently acknowledge with thankfulness Gods great mercies upon this Land in freeing them from Monarchie, and bestowing libertie upon them, by changing Kingly Government into a Free-State or Republique. The Faction knew that to partake with them in these prayers,

was to partake of their sins. God deliver us from those de∣ceitful lips, whose prayers are snares, whose kisses prove curses, and whose devotion leads to damnation: Never was Fast injoyn∣ed with more severity, nor neglected with more contempt and horror; men shunning it like the sins of Rebellion and Witch∣craft. Besides, their Consciences told them, that they never suffe∣red the thousandth part of the oppressions they now groan under.

About this time it was debated to send supplies for Ireland;* 25.28 the predominannt Grandees were desirous to purge the Army (as they had done the House) and send the Levellers (Assertors of Liberty) thither: the Levellers were desirous to keep their ground here, and send the more mercenary enslaving and enslaved part of the Army; the better to colour the design, Cromwel undertook to be Conductor of this expedition, and light them the way into Ireland with his Illuminated Nose; having taken Order before hand that his precious self should be recalled time enough to keep up his party in England from sinking by his lon∣ger absence, and the better to accommodate the business, Lots were several times cast what Regiments should go; but the Lots not falling out to the minds of the General Councel of Officers, they cast Lots again and again, untill fortune agreed with their desires: This being discovered, a printed Paper was scattered about the streets, 26. April, 1649. as followeth:

ALL worthy Officers and Souldiers who are yet mindfull that you engaged not as a meer mercenarie Armie, hired to serve the Arbitrarie ends of a Councel of State; but took up Arms in Judg∣ment and Conscience in behalf of your own, and the peoples just Rights and Liberties, you may see plainly by the proceedings of Col. Hew∣son with his Regiment, that the design of your grand Officers is, to reduce the Army to a meer mercenary and servile temper, that shall obey all their commands, without so much as asking a question for Con∣science sake. Intending by this blind obedience in you to make you be whatsoever they shall find requisite to establish their own absolute power over the Common-wealth, yea, though it be to cut off your best friends, or perpetuate this their own Parliament and Councel of State, things so evidently destructive to your own and the peoples just Rights and Liberties as nothing can be more.

And for compassing whereof, you know they have long since dis∣solved the Agitators, and erected a Councel amongst themselves, by which they have moulded the Parliament and a Councel of State to their own wills; both which, are to be as a screen 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 themselves; and indeed are confederated together to defend and protect each others in their defrauding and enslaving the Common-wealth.

This they have long aimed at, but cannot possibly effect it, untill they reduce the Army to a servile and base temper, which they have been laboring to bring to pass along time; as by picking quarrels with most Officers and Souldiers, that have manifested any sence of Common Right, and so 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 easing the publike charge all their mischief being ever done, after either fasting and prayer, or upon some very specious pretence; but the care and resolution of the honest Ofi∣ficers and Souldiers ever prevented this.

But now the business for Ireland (it seems) must doe the deed; that being a service that must be preferred before the setling of the Liber∣ties and Freedoms of this Nation; and all that are not for this service must be esteemed no better than Enemies and Traitors; and therefore an Ahab-like Fast goeth before the Lots are cast: And Col. Hewson falls to worke and disbands all those Souldiers and Offi∣cers that refused to engage for the service of Ireland, before the Liber∣ties of England (which we never trod under foot) be restored to the people.

The end of this being to be a leading case to all other Regiments both Horse and Foot; not that they certainly intend for Ireland, but by such mans to be rid of all such as are apt to desire to be satisfied in their Consciences of the justice of the Cause before they engage in the killing and slaying of men any more; or before they see some fruits answerable to the blood that hath been spilt.

And being rid of this kind of Officers and Souldiers, then to fill the Regiments as this Hewson doth, with such ignorant, needy, or servile men, as these miserable times (through loss of Trade) have begotten.

And this being done, then to make more strict enquiry after this

sort of People in the Army, and all other places, suppresse meetings, and if that will not doe, then to disarme all from whom they suspect the least repining or opposition.

And therfore all those 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 Posterity, to venture their lives and all they have to make opposition against this the greatest mischief that ever was at∣tempted; the greatest Treason that ever was committed against the li∣berties of the People: and not to stand any longer in a mix-maze between hope and feare; for if this designe take place, your great Officers and their Confederates in Parliament and Councel of State, will be as so many Kings, Princes and Lords, and your selves, and all the people, their Slaves and Vassals.

Therefore keep every man his place and post, and stir not, but im∣mediately chuse you a Councel of Agitators once more to judge of these things; without which we shall never see a new Parliament, or ever be quit of these intolerable burdens, oppressions, and cruelties, by which the people are like to be beggered and destroyed.

About this time Master Robert Lockier,* 26.1 and five or six other Troopers of Captaine Savages Troop were condemned for a sup∣posed mutiny; in behalf of whom Lieut. C. John Lilburne writ this Letter following to the General, dated 27. April, 1649.

May it please your Excellency,

WE have not yet forgot your Solemne Engagement of June 5. 1647. wherby the Armies Continuance as an Army was in no wise by the will of the State, but by their owne mutuall Agreement: And if their standing were removed from one Foundation to another, (as is undeniable) then with the same they removed from one Authority to another; and the Liga∣ments and Bonds of the First were Dissolved, and gave place to the Second; and under, and from the head of their first Sta∣tion, viz: By the Will of the State, the Army derived their Go∣vernment by Martiall Law; which in Judgment and Reason could be no longer binding then the Authority (which gave being there∣to) was binding to the Army: For the deniall of the Authority,

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 Constitu∣tion of a new Councel and Government, contrary to all Mar∣tial Law and Discipline, by whom only the Army engaged to be Ordered in their prosecution of the Ends; to wit, Their seve∣ral Rights, both as Souldiers and Commoners, for which they associated; Declaring, Agreeing, and Promising each other, not to Disband, Divide, or suffer themselves to be Disbanded or Divided, without satisfaction and security in relation to their Grievances and Desires in behalf of themselves and the Com∣mon-wealth, as should be agreed unto by their Councel of Agi∣tators: And by vertue, and under colour of this Establishment, all the Extraordinary Actions by your Excellency, your Officers, and the Army have past: Your refusal to disband, disputing the Orders of Parliament: Impeachment and Ejection of Eleven Members; your first and second march up to London; your late violent Exclusion of the major part of Members out of the House, and their Imprisonment without cause, &c. which can no way be justified from the guilt of the highest Treason, but in the accomplishment of a righteous end, viz. 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 consider and herewith compare many of your late carriages both towards the Souldiery, and other free people, and principally your cruell Exercise of Martial Law, even to the Sentence and Execution of Death upon such of your Souldiers as stand for the Rights of that Engagement, &c. And not onely so, but against others not of the Army; we cannot but look upon your defection and Apostacy in such dealings, as of most dangerous Consequence to all the Laws and Freedoms of the People.

And therefore, although there had never been any such solemn Engagement by the Army, as that of Iune 5. 1647. which with your Excellency in point of duty ought not to be of the meanest obligation. We do protest against your Exercise of Martial Law, against any whomsoever, in times of Peace: where all Courts of Iustice are open, as the greatest encroachment upon our Lawes and Liberties that can be acted against us; and particularly, against

the Tryall of the Souldiers of Captaine Savages Troop yesterday, by a Court Martial, upon the Articles of Warre, and senten∣cing of two of them to death; and for no other end (as we under∣stand) but for some dispute about their Pay: And the reason of this our Protestation, is from the Petition of Right, made in the third yeare of the late King, which declareth, That no person ought to be judged by Law Martial, except in times of Warre; And that all Commissions given to execute Martial Law in time of Peace, are con∣trary to the Lawes and Statutes of the Land. And it was the Parlia∣ments complaint, That Martial Law was then Commanded to be executed upon Souldiers for Robbery, Mutiny, or Murder. Which Petition of Right this present Parliament in their late De∣clarations of the 9. of February, and the 17. of March, 1648. com∣mend as the most excellentest Law in England, and there promise to preserve inviolably, it, and all other the Fundamental Lawes and Liberties, concerning the preservation of the Lives, Pro∣perties, and Liberties of the People, with all things incident ther∣unto. And the Exercise of Martial Law in Ireland, in time of Peace, was one of the chiefest Articles for which the E. of Straf∣ford lost his Head: The same by this present Parl. being judged High Treason. And the Parliament it self, neither by Act nor Or∣dinance, can justly or warrantably destroy the Fundamental Li∣berties and Principles of the Common Law of England: It being a Maxim in Law and Reason both, that all such Acts and Ordi∣nances, are ipso facto, null, and void in Law, and binds not all, but ought to be resisted and stood against to the death. And if the Su∣preme Authority may not presume to do this, much lesse may You, or Your Officers presume thereupon; For where Remedy may be had by an ordinary course in Law, the Party greived shall ne∣ver have his recourse to extraordinaries. Whence it is evident, That it is the undoubted Right of every Englishman (Souldier, or other) that he should be punishable onely in the ordinary Courts of Justice, 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 wise to be used.

Yea, the Parliaments Oracle, Sir Edward Cooke, Declares in the third part of his Institutes, Chap. of Murder, That for a General or other Officers of an Army, in time of Peace to put any man, al∣though

a Souldier, to death, by colour of Martial Law, it is absolute murder in that General, &c. Therfore erecting of Martial Law now, when all Courts of justice are open, and stopping the free current of Law, which sufficiently provides for the punishment of Soldiers as well as others, as appeares by 18. H. 6. c. 19. 2 & 3 E. 6. c. 2. 4. & 5 P. & M. c. 3. & 5 El. 5 & 5 Jam. 25. is an absolute destroy∣ing of our Fundamental Liberties, and the razing of the Foun∣dation of the Common Law of England; the which out of Duty and Conscience to the Rights and Freedoms of this Nation (which we value above our lives) and to leave You and Your Councel without all excuse, we were moved to represent unto Your Excellency, Earnestly pressing You, well to consider what You do, before you proceed to the taking away the lives of those men by Martial Law; least the bloud of the Innocent (and so palpa∣ble Subversion of the Lawes and Liberties of England) bring the reward of just vengeance after it upon You, as it did upon the Earle of Strafford: For Innocent bloud God will not pardon; and what the people may do (in case of such violent Subversion of their Rights) we shall leave to Your Excellency to judge, and remaine

Sir,

Your Excellencies humble Servants,

• IOHN LILBURNE.
• RICH. OVERTON.

From our Causlesse, and unjust, and Tyrannica•• Captivity, in the Tower of London, April 17. 1649.

Notwithstanding which Letter, and much other meanes made, the said Lockier was Shot to Death in Saint Paul's Church-yard the same day, to strike a terror and slavish feare into such other Souldiers as shall dare to take notice of their approaching slavery; but his Christian 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.* 27.1

About this time the House of Commons gave to Col. Alexan∣der Popham all his Arreares, and to Harry Martyn 3000 l. to put him on upon the holy Sisters, and take him off from the Levellers: And Cromwell is now playing the Devils part, shewing the

Kingdomes of the earth, and tempting John Lilburn to fall down and worship him, to forsake his good principles and engage∣ments, and betray the liberties of the people, but L. Col. Lilburne is higher seated in the good opinion of the People than to be sus∣pected of so much basenesse, who are confident he will as constant∣ly resist false promises and vain hopes, as he hath vain threats and terrors of Indictments, and not cast away the hold he hath of immortality, by hearkning to such a Syrene whose promises are but baits with a hook hidden under them; and his preferments but like Mahomets paradise; he that hath cousened all the Interests of the Kingdome will not scruple to cheat his enemy, a free-spirited 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 stoops to the lure of a known enemy is guilty of inexcusable folly, and a Betrayer of himselfe, especially having had so faire a Copie of Constancy set him by Coronet Joyce, who hath with much faithfulnesse resisted the like allurements, and so foule a Copy of Inconstancy by Reynolds.

The Commons have ordered,* 27.2 That upon Complaint made to any Judge of the three Benches, the Judges shall send a Letter of Sum∣mons t•••••• ch Member of their House as shall be complained of, to give an appearance, and submit to legal proceedings, otherwise his person to be liable to Arrests. But our present Judges are Creatures to the House of Commons, and know before-hand what Members are Babes of Grace in favour, and must be priviledged; and who are out of favour, and must not be priviledged; they have an Index tells them when to grant, and when to deny, Sinners must not be parta∣kers of the same Laws with Saints: This is a Whip and a Bell to drive such dogged Members out of the Hall as will not hunt in pack with the Grandees in pursuit of their designe, and are quick∣sented enough to smell out their Knavery, if they come too near their door: It is thought the tyrannical Hocas Pocasses had an aime hereby to lash Harry Martin off from the Levellers, and make him come in to them.* 27.3

About this time some thousands of well-affected Women of London, Westminster, Southwarke, and the Hamlets, stormed the House of Commons with two Petitions in behalf of Jo. Lilburne and his Company; They complain of the Councel of States vio∣lent

and illegal proceedings against them, in seizing them in the night by Souldiers; of Lockiers being shot to death by Martial Law; of their Arbitrary Government, Taxes, Excise, Monopolies, &c. That there was a designe to fetch Lilburne and his Fellow Prisoners out of the Tower at midnight to White-hall,* 27.4 and there murder them; That the House by Declaring the Abettors of the Book laid to those Prisoners charge Traytors, have laid a snare for people; when as hardly any discourse can be touching the affaires of the present times but falls within the compasse of that Book; so that all liberty of discourse is thereby utterly taken away, then which there can be no greater sla∣very.

They received not so good Answers to these Petitions as they were wont to receive, when they had Money, Plate, Rings, Bod∣kins, and Thymbles to sacrifice to these Legislative Idols, they were bid, Go home and wash their dishes; to which some replied, They had neither Dishes nor Meat left.

Note that the Commons have returned answer to some Peti∣tioners, that Lilburne shall be Legally Tried by Laws preceding the fact,* 27.5 and yet by their Order, 11. April, 1649, it is Ordered, That the Atturney General be required to take speedy course for prosecution of Lieu. Col. John Lilburne, &c. in the Ʋpper Bench this Terme, upon the Declaration of this House touching the Book, entituled (The second part of Englands new Chaines discovered.] if this Or∣der be not a Law and preceding the fact too, then our suprene Saints have told a Legislative Lie. In the latter end of the said Answer they are angry the Petitioners should discover so much of their basenesse, That Cromwell and Ireton rides them, and there∣fore (contrary to all mens knowledge, and their owne Consci∣ences) they terme those Intimations, seditious Suggestions; and Ordered, that Cromwell and Ireton should draw up a Declara∣tion to prevent the people from being mis-led by Sowers of se∣dition;* 27.6 such are the degenerous Spirits of under-Tyrants, who are Asses to their Superiors; and Lyons to their Inferiors: Crom∣well and Ireton, that have subverted all civill Authority, murde∣red the KING, possessed themselves of what they please, and en∣slaved the Kingdome with a Military tyranny, must draw up a Declaration according to their fancy, for their owne vindication, and the Commons must Father the Bastard and set the stamp of

their Authority and priviledge upon it, least any man should 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 set forth their Answer to the House of Commons Demands con∣cerning their secured Members;* 27.7 Cromwell and Ireton caused their Journey-men of that Conventicle to Vote, That the House did ap∣prove the matter of the said Answer; therby owning all the grosse lies therin contained to deterre the imprisoned Members from replying to it, and so by a tacite confession to acknowledge them∣selves guilty.

About this time appeared out of the East a New Light in our Horizon,* 27.8 the Alchoran of Mahomet (Predecessor to Cromwell) and of Sergius (forerunner of Hugh Peters) naturalized and turned Eng∣lish. Now the Jewes (Professed Enemies to Christ (which Ma∣homet is not) are accepted of) it is beleived that their Thalmude and Caball will shortly be made English too, that this Island 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 shaken by, and bend unto every wind, every breath of pretended Inspiration, as the antient Ara∣bians were.

May 1. 1649. The frighted Conventicle of Commons consi∣dered of an Act (forsooth) to fortifie themselves and their usurpa∣tions with a Scar-crow of new-declared Treasons,* 27.9 to the purpose following.

1. If any man shall malitiously (this is a word of qualification, a back-door to let out such as they shall think fit) Affirme the present Government to be tyrannical, usurped, or unlawfull, or that the Com∣mons in Parliament, are not the supreme Authority of the Nation, or endeavour to alter the present Government.

2. If any affirme the Councel of State or Parliament to be Tyranni∣call or unlawfull, or endeavour to subvert them, or stirre up sedition against them.

For Souldiers of the Army to contrive the death of the Generall, or Lieutenant Generall, or endeavour to raise mutinies in the Army,* 27.10 or to leavy Warre against the Parliament to joyne with any to invade England or Ireland, counterfeit the Great Seale, kill any Member of Parliament, or Judge, or Minister of Justice in their duty: All

these several cases to be Declared, Treason. You see the terrors of Caine pursue these guilty Cowards.

This Fools Bolt is chiefly aymed at the honest Levellers; this Junto of Commons have made themselves legall Traytors already, and would now make all the Kingdome legislative Traytors, but I hope none of those that arrogate the Reverend Title of Judges of the Law (although against Law) will be so lawlesse as to give Sentence of Death upon any such illegal Act of the House of Commons; nay, this very Act denounceth slavery and bondage to the Nation, and therefore is an Act of the highest tyranny, and a snare.

* 27.11May 6. 1649. The honest Levellers of the Army, (for that is the Nick-name which Cromwell falsly and unchristianly hath christned them withal) Enemies to Arbitrary Government, ty∣ranny and oppression, 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 House of Commons? whether it vaile it selfe with the Title of a Supreme Authority, or a Legislative power?) drew together to a Randezvouz about Banbury in Ox∣fordshire, to the number of 4000 or 5000. others resorting to them dayly from other parts. This gave an Alarme to our Gran∣dees, fearing the downfall of their domination. Cromwell (not knowing what Party to draw out against them, that would be stedfast to him) shunned the danger, and put his property the General upon it to oppose the Randezvouz, and (looking as wan as the guilles of a sick Turkey-cock) marched forth himself Westward, to intercept such as drew to the Randezvouz. In the meane time the said Levellers printed and published this ensuing Paper, entituled.

Englands Standard advanced: or, A Declaration from Mr. Will. Thompson, and the oppressed People of this Nation, now under his conduct in Oxfordshire.

Dated at their Randezvouz, May 6. 1649.

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,

in behalf of their Common Right, Freedom, and Safety, hath bin at all observed, or made good, but both absolutely declined and broken, and the people only served with bare words and faire promising Papers, and left utterly destitute of all help or delivery: And that this hath principally been by the prevalency and treachery of some eminent persons (now domineering over the people) is most evident. The Solemn Engagement of the Army at New-market, and Triploe-heaths by them destroyed, the Councel of Agita∣tors dissolved, the blood of Warr shed in time of Peace, Pe∣titioners for Common Freedom suppressed by force of Arms, and Petitioners abused and terrified, the lawful Trial by 12. sworn men of the Neighbourhood subverted and denied, bloody and tyrannical Courts (called an High Court of Ju∣stice, and a Council of State) erected, the power of the Sword advanced and set in the Seat of the Magistrates, the Civil Lawes stopt and subverted, and the Military Intro∣duced, even to the hostile seizure, imprisonment, triall, sentence, and execution of death, upon divers of the Free people of this Nation, leaving no visible Authority, devol∣ving all into a Factious Juncto and Councel of State, u∣surping and assuming the name, stamp, and authority of Parliament, to oppresse, torment and vex the People, where∣by all the lives, liberties, and estates, are all subdued to the Wills of those Men, no Law, no Justice, no Right or Free∣dome, no Case of Grievances, no removal of unjust 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 seized upon seve∣ral parts of the Nation.

Wherefore through an inavoidable necessity, no other meanes left under Heaven, we are enforced to betake our selves to the Law of Nature, to defend and preserve our

selves and Native Rights, and therefore are resolved as one Man, (even to the hazard and expence of our Lives and Fortunes,) to endeavour the Redemption of the Magistracy of England, from under the force of the Sword, to vindi∣cate the Petition of Right, to set the unjustly imprisoned free, to relieve the poore, and settle this Common-wealth, upon the grounds of Common Right, Freedome, and Safety.

Be it therefore known to all the free people of England, and to the whole world, that (chusing rather to die for Free∣dome, then live as Slaves) We are gathered and associated together upon the bare Accompt of Englishmen, with our Swords in our hands to redeem our selves and the Land of our Nativity, from slavery and oppression, to avenge the blood of Warr shed in the time of Peace, to have Justice for the blood of M. Arnold, shot to death at Ware, and for the blood of M. Robert Lockier, and divers others who of late by Martial Law were murthered at London.

And upon this our Engagement in behalf of the Common-wealth, We do solemnly agree and protest, That we will faithfully (laying all self-respects aside,) endeavour the actual relief and settlement of this distressed Nation.

And that all the world may know particularly what wee intend, and wherein particularly to center and acquiesce for ever, not to recede or exceed the least punctilio. We do de∣clare from the integrity of our hearts, that by the help and might of God we will endeavour the absolute settle∣ment of this distracted Nation, upon that Forme and Method by way of an Agreement of the people, tendered as a peace-offering by Lieuten. Collonel John Lilburne, Mr. William Walwyn, Mr. Thomas Prince, and Mr. Ri∣chard Overton, bearing date May 1. 1649. the which we have annexed to this our Declaration as the Standard of our

Engagement, thereby owning every part and particular of the Premises of the Agreement, promising and resolving to the utmost hazard of our Lives and Abilities, to pursue the speedy and full accomplishment thereof, and to our power, to protect and defend all such as shall Assent or Ad∣here thereunto: And particularly, for the Preservation and Deliverance of L. Col. John Lilburn, M. Will. Wal∣win, Mr. Thomas Prince, Mr. Richard Overton, Cap∣tain Bray, and Mr. William Sawyer, from their barba∣rous and illegal Imprisonments: And we Declare, That if a haire of their heads perish in the hands of those Ty∣rants that restrain them, That if God shall enable us, we will avenge it seventie times seven fold upon the heads of the Tyrants themselves and their Creatures.

And that till such time as by Gods Assistance we have procured to this Nation the Declared purpose of this our Engagement, we will not Divide nor Disband, nor suffer our selves to be Divided or Disbanded, resolving with so∣bernesse and civility to behave our selves to the Countrey, to wrong nor abuse any man, to protect all to our power from violence and oppression in all places where we come; resolv∣ing to stop the payment of all Taxes or Sessements what∣soever, as of Excise, Tythes, and the Tax of Ninety thou∣sand pounds per mensem.

And having once obtained a New Representative, ac∣cording to the said Agreement, upon such Terms and Li∣mitations therein expressed: We shall then freely lay down our Armes, and return to our several Habitations and Callings.

And concerning the equity, necessity, and justice of our undertaking, We appeal to the judgment of the oppressed, betwixt their Destroyers and Us; Whether by the Law of God, of Nature, and Nations, it be not equally justifiable in

us to engage for the Safetie and Deliverance of this Na∣tion, as it was with the Netherlanders, and other People for theirs, and upon the same Principles that the Army engaged at New-market and Triploe-heaths; both Par∣liament and Army declaring, That it is no resistance of Magistracy to side with just 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 against his Army, on purpose to destroy them: The Sea men the hands of that Pilot, who wilfully runs his Ship upon a Rock. And therefore, (the condition of this Commonwealth considered) we cannot see how it can be otherwise esteemed in us. And upon that Account we Declare, that we do owne, and are resolved to owne all such persons, either of the Army or Countreys, that have already, or shall hereafter, rise up and stand for the Liberties of England, according to the said Agreement of the people: And in particular, We do own and a∣vow the late proceedings in Colonel Scroops, Col. Har∣risons, and Major General Skippons Regiments, declared in their Resolutions published in print; As One Man, Re∣solving to live and die with them, in their and our just and mutual defence.

And we do implore and invite all such as have any sense of the Bonds and Miseries upon the people; any Bowels of Compassion in them, any Piety, Justice, Honour, or Courage in their Breasts, any Affections to the Freedomes of England, any love to his Neighbour or Native Countrey, to rise up, and come in to help a distressed miserable Nation, to break the Bonds of Crueltie, Tyranny, and Oppression, and set the people Free.

In which Service, Trusting to the undoubted goodnesse of a just and righteous Cause, We shall faithfully discharge

the utmost of our Endeavours; Not sparing the venture of all hardships and hazards whatsoever, and leave the Successe to God.

Signed by me WILLIAM THOMPSON,

at our Randezvouz in Oxfordshire neer Banbury, in behalf of my Self, and the Rest Engaged with me, May 6. 1649.

For a New Parliament, By the Agreement of the People.

About this time Doctor Dorislaus a Civill Lawyer,* 28.1 sometimes Judge Advocate to the Earle of Essex, and Lord Fairfax, and lately one of the Councel in the High Court of Justice against the KING, and the 4. Lords, was sent from the Parliament, Agent into Holland, where about 18. Scots-men, repayring to his lodging, 6. of them went up the stayres to his Chamber, whilst 12. of them made good the stayre-foot, they stabb'd him to death, and escaped.

About the 14. day of May, 1649.* 28.2 Report was made from the Councel of State to the House of the examination of 3. Servants of Doctor Dorislaus, concerning the Death of their Master; and what allowances were fit to be given to his Children out of the Kings Revenue, thereby to lay an aspersion upon the King (as if He having had an influence upon that Fact, His Estate must make the recompence, notwithstanding Scotish-men did the deed in revenge of Hamiltons death) Dorislaus had been a poor School∣master in the Low Countries formerly, from whence he was trans∣lated to read the History-Lecture at Oxford, where he decried Mo∣narchy in his first Lecture: was complained of, and forgiven by the benignity of the King. Then he became Judge Advocate in the Kings Army in his expedition against the Scots: afterwards he had the like imployment, under the Earle of Essex: and lastly, under Sir Tho. Fairfax. a great Gainer by his employ∣ments, but withall, a great Antimonarchist, and a Saint in Crom∣wells Rubrick, and therefore had a magnetique vertue both living and dead to draw money to him in abundance. Upon occasion of this Debate, Haslerigge moved, That 6. Gentlemen of the best

quality [Royalists] might be put to Death as a revenge for Doris∣laus, and to deterre men from the like attempts hereafter. (That you may the better see of what Spirit Haslerigge is known, That some Northern Counties having petitioned the Commons for relief against the miserable famine raging there: Haslerigge opposed their request, saying, The want of food would best defend those Counties from Scottish Invasions.) What man that had any sense of Christianity, Courage, Honesty, or Iustice, would have been the Authour of so barbarous and unjust a motion, That six Gentlemen no way conscious nor privie to the fact should be offered up a sacrifice to revenge and malice, nay, to guilty fears and base cowardic••, to keep off the like attempts from Haslerigge and his Party. I wish this Gentleman would reade the Alcharon (or new Independent Bible of the new Translation) and from thence gather precepts of more Humanity, Justice, Honesty and Courage, since he hath Read the Old and New Testament of Moses and Christ to so little purpose. Yet the House, 18. of May, passed a Declaration, That if more Acts of the like nature happened hereafter, it should be retaliated upon such Gentlemen of the Kings Party as had not yet Compounded. But this is but a device to fright them to Compound, unlesse it be a forerunner to a Massa∣cre heretofore taken into consideration at a Councell of Warre: See Sect. 117.

* 28.3About this time came forth that prodigious Act, declaring four new Treasons with many complicated Treasons in their bellies, the like never heard of before in our Law, nor in any Kingdom or Re∣publike of Christendom: Because I have formerly spoken of it, the Act it self printed, publisht, and dreadfully notorious throughout the whole Kingdom; I will refer you to the printed Copie; one∣ly one clause formerly debated was omitted in the Act, viz. That to kill the Generall, Lieuten. Gen. any Members of this present Parl. or Counsel of State, to be declared Treason; this would have disco∣vered their guilty cowardize so much they were ashamed of it: be∣sides it was thought fit to make the People take a new Oath of Al∣legiance to the new State. First, I will only give you some few Ob∣servations thereupon. This Act declares to be Treason unto death and confiscation of Lands all Deeds, Plots, and Words: (1.) Against this present fagge end of a Parliament, and against

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 constituted by them? (2.) All endea∣vours to subvert the Keepers of the Liberty of England, and Coun∣cell of State constituted, and to be from time to time constituted by Authority of Parliament, who are to be under the said Re∣presentatives in Parliament, (if they please, and not otherwise; for the Sword and the Purse trusted in the power of the Coun∣cell of State) yet the Keepers of the Liberties of England and the Councell of State of England to be hereafter constituted by Parlia∣ment, are Individua vaga, ayrie notions not yet named nor known, and when they are known we owe them no Allegiance, (without which no Treason) by the known Lawes of the Land, which is onely due to the King, His lawfull Heires and Succes∣sours thereto sworn; nor any the particular Powers and Au∣thorities, granted to this Parliament by the said Keepers of the Liberties of England, and Councell of State yet any where au∣thentically published and made known to us by any one avowed Act, (unlesse we shall account their Licensed New Books to be such) and therefore they may usurp what powers they please: So that these men who involved us in a miserable Warre against the late Murdered KING, pretending He would enslave us, and they would set us free; have brought us so far below the con∣dition of the basest Slaves, that they abuse us like brute Beasts, and having deprived us of our Religion, Lawes and Liberties; and drawn from us our money and bloud, they now deny us the use of reason and common sence, 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 whose Rulers set snares to catch them, and are amari venatores contra Dominum, Men-hunters against God: nay, to move any Person to stir up the People against their Authority is hereby declared, Treason: mark the ambiguity of these words (like the Devils Oracles) which he that hath Power and the Sword in his hands will interpret as he please: If the Keeper of the Liberties of England, or Councell of State shall extend too farre, or abuse their Authority never so much contrary to the Lawes of the Land, Reason, Justice or the Lawes of God (as hath been lately done in this Case of Lylburne,

Walwyn, &c.) no Lawyer, no Friend shall dare to performe that Christian duty of giving councell or help to the oppressed▪ here Fathers and Children, Husbands and Wives, Brothers and all re∣lations must forsake, nay, betray one another, lest these Tyrants interpret these duties to be, A moving of them to stirre up the People against their Authority. 3. All endeavours to withdraw any Souldier or Officer from their obedience to their Superior Officer, or from the present Government, as aforesaid, By which words it is Treason: First, if any mans Child, or Servant, be inticed into this Army, and the Father or Master endeavour to withdraw him from so plundering and roguing a kinde of life back to his pro∣fession. Secondly, If any Commander or Officer shall command his Souldiers to violate, wrong, or rob any man for the party so aymed at, or some wel-meaning Friend to set before the said Soul∣diers the sinne and shame of such actions, and disswade them from obeying such unlawfull commands. 4. If any man shall presume to counterfeit their counterfeit Great Seale, It is decla∣red Treason. I wonder it is not Treason to counterfeit their counterfeit coyne! Behold here new minted Treasons current in no time and place but this afflicted Age and Nation: Edw. 3. anno 25. regni. ch. 2. passed an excellent Act to secure the People by reducing Treasons to a certainty, as our New Legislative. Ty∣rants labour to ensnare the People by making Treasons uncer∣taine and arbitrary;* 28.4 what they please to call Treason shall be Treason, though our knowne Lawes call it otherwise: we have long held our Estates and Liberties, and must now hold our Lives at the will of those Grand Seigniours, one Vote of 40. or 50. fa∣ctious Commons, Servants and Members of the Army vacates all our Lawes, Liberties, Properties, and destroys our Lives. Be∣hold here a short veiw of that Act which hath no Additions by any Act subsequent. See stat. 1. Mariae, c. 10. Whereas diverse opinions have been before this time, in what cases Treason shall be said, and in what not, The King at the request of the Lords and Commons, Declares:

* 28.51. That to compasse or imagine the Death of the KING, (how much more to act it) Queen, or their eldest Son and Heyre.

2. To violate the KING'S Companion, eldest Daughter unmar∣ried, or the Wife of the KING'S eldest Son and Heyre.

3. To leavy War against the King, or adhere to his Enemies in his Realm, and thereof be proveably attained of open deed by people of their condition.

4. To counterfeit the King's Great or Privy Seal:

5. Or his M ney.

6. To slay the King's Chancellor, Treasurer, Justices of one Bench or other, Justices in Eyre, Justices in Assize, and all other Justices assigned to hear and determine, being in their Places doing their Offices.

If any other case supposed Treason which is not above specified,* 28.6 doth happen before any Justices, the Justices shall tarry without any going to Judgement of the Treason, till the Cause be shewed and de∣clared before the King and his Parliament (not before the House of Commons only, or before both Houses without the King) whether it ought to be adjudged Treason.

You see how few in number these Treasons specified are, and that they must be attained of open deed by their Peers; our words were free under Monarchy, though not free under our Free-State; so were they under the Romans. Tacitus, An. 1. sub finem, seaking of Treasons, facia arguebantut, dicta impune erant. These horrible tyrannies considered (and being destitute of all other less desperate relief) I do here solemnly declare and protest before that God that hath made mee a Man, and not a Beast, a Free-man, and not a Slave, that if any man whatsoever that ta∣keth upon him the reverend name and title of a Judge or Justice shall give Sentence of Death upon any friend of mine upon this or any other illegal Act of this piece of a House of Commons, I will, and lawfully may (the enslaving scar-crow doctrine of all time-serving, State-flattering Priests and Ministers, notwith∣standing) follow the examples of Sampson, Judith, Jael, and Ehud, and by Ponyard, Pistol, Poyson, or any other means whatsoever, se∣cret, or open, prosecute to the Death the said Judge and Justice, and all their principal Abettors: And I do here invite and exhort all generous free-born English-men to the like resolutions, and to enter into Leagues defensive and offensive, and sacramental as∣sociations (seven or eight in a company, or as many as can well confide in one another) to defend and revenge mutually one anothers Persons, Lives, Limbs, and Liberties as aforesaid, a∣gainst

this, and all other illegal and tyrannous Usurpations.

* 28.7About this time, or a little before, the General was moved to enlarge Sir William Waller, and the other Members illegally kept Prisoners in Windsor: He answered, They were no longer his, but the Parliaments prisoners: It should seem the Brute hath made a private deed of gift of them to his Journy-men of the House. The Generals Warrant seized and imprisoned them, and not∣withstanding the Councel of Officers declared in Print, that they were preparing a Charge against them, yet the Knaves lyed like Saints; they were then so far from having matter to accuse them of, that they have ever since, hunted after a Charge against them, and endeavoured to suborn Witnesses; but after 24 weeks restraint (whereas by the Law no man ought to be committed with∣out an accusation) they have found nothing against them. This turning over of these Prisoners to the House of Commons, proves what I formerly asserted in Sect. 24. That the violence of the Army in securing, and secluding the Members, was by consent of their Somerset-house Junto now sitting in the House of Commons,

* 28.8The honest Levellers (most of them Country-men) endea∣vouring to draw to a Randezvouz, about 600. or 700. of them marched from Banbury to Burford in Oxfordshire, where lying securely (because they were upon treaty with the Enemy) their Quarters were beaten up, and about 180. of them taken Priso∣ners, which their enemies (according to their usual custome) to gain reputation by lying, reported to be so many Hundreds. And the General (as if they had been all routed) sent forth his Warrants to all Justices of the Peace in the adjacent Counties, requiring them to apprehend and secure all such of them as shall be found; I desire to know by what Authority the General takes upon him to command Justices of the Peace who are not under his Power, and what tame Animals these Justices are that will submit to his commands? and whether he thinks the Civil Magi∣strate to be obnoxious to the Power of the Sword, and the Coun∣cel of Officers?* 28.9 and his single self the Supreme Magistrate, or Tyrant Paramount, notwitstanding the Vote of his Journey-men Commons, That no single Man should be trusted with the Su∣preme Power.

The Levellers having possessed themselves of Northampton:

the General (it is said) thought fit to take hold of the Horns of the Altar,* 28.10 and wrote to his vassals of the City to send their Trained Bands to his relief, that he might the better domineer over them; and continue their slavery hereafter. But if the Ci∣tizens have no more wit, I wish their Horns may be as visible in their fore-heads, as the Nose in Olivers face.

To cozen the honest Levellers,* 28.11 the Commons (in order to the ending this present Parliament) are debating how to pack a suc∣ceeding Representative as wicked as themselves, and of the same leaven; whose Election shall not be free, but bounded with such Orders of limitation and restriction as shall shut out all men from electing or being elected, as are not precisely of the same principles and practices, and as deep engaged in their tyrannical, trayterous, cheating, bloody designs as themselves, guilty Com∣mittee-men, and Accountants to the State shall be the next Re∣presentative; and for the better lengthening of the businesse (that they may see what success (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 House. And at last (if they must dissolve) having packed themselves into a Councel of State, they will usurp the Supreme Authority there: to pre∣pare the way to which design, they have passed another Act, May 19. That the People shall be Governed as a Free-state by Representa∣tives, and by such as they shall constitute; and then consider what kind of Representatives we are like to have.

Great care is taken that the State (or rather our States-mens private pockets) might not be prejudiced by Judgments,* 28.12 Ex∣tents, &c. lying upon Delinquents Estates: you see notwith∣standing their Declaratory Vote, That in things concerning the Lives, Liberties, and Prop••rties of the People, they would maintain the known Laws of the Land; yet this Vote (as well as all others) hath a condition implied, that is do no wayes hinder the Gains of our godly Grandees, otherwise they would not consider how to de∣feat Creditors of their legal assurance.

John Lilburne being ordered a close Prisoner in the Tower by the Commons without Pen, Ink, or Paper,* 28.13 (which was tyranny under King Charls, but not under K. Oliver) a Petition was pre∣sented to the Commons by many well-affected, that John might

have the allowance usually and legally due to Prisoners in the like case for his support;* 28.14 which was rejected, insomuch that John was kept 3 whole dayes with one half meales meat: this is to condemn men unheard to be murdered by famine in their pri∣vate slaughter-houses, when they cannot, or dare not murder them in their pretended Courts of Judicature, or publick shambles: yet afterwards, when the drawing together of the Levellers, and discontents of Newcastle affrighted the Commons, they Voted him the short allowance of 20 s. a week. Thus you see nothing but feares and dangers can kindle the least spark of goodness and compassion in their woolvish breasts: wherefore Lord (I beseech thee) heap fears and terrors upon their guilty pates, till with Ju∣das Iscariot they cry out, We have sinned in that we have betrayed innocent blood.

* 28.15Cromwel being to march against the Levellers, left Ireton be∣hind him (like a hobby daring of larks) to over-awe the Conven∣ticle at Westminster, and see they chaunt no tune but of their set∣ting, the better to keep himself in a neutral reconciling posture: Ireton laid down his Commission, (which he can take up again at pleasure) whereby he puts off all addresses to him from the le∣velling party for the present. This poor fellow now keepeth his golden Coach which cost 200 l. and 4 gallant Horses. The world is well altered with such petty Companions; and hereby the Souldiers may see what becomes of their Arrears. There hath been a seeming falling out between Cromwel and Ireton.

* 28.16John Lilburne being a close Prisoner in the Tower (as hath been said) Hugh Peters (Chaplain in Ordinary to-two great Potentates, Lucifer and Oliver) came about dinner-time (May 25. 1649.) to visit him; and though admittance be denied to o∣ther men, yet to him the Gates flew open: as sure as Saint Peter keeps the keyes of Heaven, Hugh Peters keeps the keyes of our Hell and our Grandees Consciences, and openeth and shutteth at pleasure: he is Confessor at Tyburn, and hath a great power over damned Spirits, or rather over such Spirits, as not submit∣ting basely to the tyranny of our State-Mountebanks, incur their condemnation in this world (by Gods permission) in or∣der to their salvation in the next world: the tyranny of these Usurpers implying at once, their cruelties over our bodies, and

Gods mercy to our souls. Hugh's first salute was, That he came meerly to give John a visit, without any design (his guilty consci∣ence prompting him to a voluntary Apology.) John answered, I know you wel enough, you are one of the setting Dogs of the great Men of the Army, with fair and plausible pretences to intimate into men, when they have done them wrong, and to workout their designs when they are in a strait, and cover over the blots that they have made. Then John complained of the‖ 28.17 illegal and violent seizing upon him by Souldi∣ers, and carrying him before that new erected thing, called [A Councel of State] who committed him without any Accusor, Accusation, Pro∣secutor, or Witness, or any due process of Law; and yet when the King impeached the five Members, and preferred a Charge of high Treason against them; Recorded 1. part Book of Decl. p. 35. and only failed in a single punctilio of due process of Law, they cryed outs, it was an invasion of the Peoples Liberties; so that four or five Recantations from him (recorded in their own Declarations) would not serve his turn. Peters half out of countenance (if so prostituted a Villain that practises impudence amongst common Whores, and whose Pulpit is more shameful than another mans Pillory, can be out of countenance) takes up one of Coke's Institutions, and pofessed Lilburn was meerly gulled in reading or trusting to those Books, for there were no Laws in England. John answered, he did beleeve him, for that his great Masters, Cromwel, Fairfax, &c. had destroyed them all. Nay (quoth Hugh) there never were any in England; with that John shewed him the Petition of Right, asking him, whether that were Law? which Peters had the impudence to deny, asking, what Law was? John replied* 28.18 out of the Parliaments own Declara∣tions, The Law is that which puts a difference betwixt good, and evil; just, and unjust: If you take away the Law, all things will fall into, confusion, every man will become a law unto himself, which in the de∣praved condition of humane nature must needs produce great enormi∣ties; Lust will become a law, Envy a law, Covetousness and Ambition will become laws; and what dictates, what decisions such laws will pro∣duce, may easily be discerned. This (Mr. Peters) is a Definition of Law by the Parliament in the dayes of their primitive purity, before

they had corrupted themselves with the Commonwealths money. And elsewhere the Law is called, The safeguard, the custody of all private Interests, your honours, lives, liberties, and estates, are all in the keep∣ing of the Law, without this every man hath a like Right to any thing; It is the best birth-right the Subject hath: It is a miserable servitude or bondage where the Law is uncertain, or unknown. To this the Comick Priest replied, 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,* 28.19 but what the Sword gave. To this the honest Lievtenant Colonel answered, Mr. Peters, You are one of the Guides of the Army, used by the chief Leaders to trumpet their Prin∣ciples and Tenents; and if your reasoning be good, then if six Theeves meet three or four honest men and rob them, that act is righteous, be∣cause they are the stronger Party. And if any power be a just power that is uppermost, I wonder how the Army and Parliament can acquit themselves of being Rebels and Traytors before God and man, in re∣sisting and fighting against a just power in the King, who was a power up and visible, fenced about with abundance of Laws, so reputed in the common acceptation of Men, by the express letter of which all th••se that fought against him are (ipso facto) Traytors; and if it were not for the preservation of our Laws and Liberties, why did the Parlia∣ment fight against Him a present power in being? and if there be no Laws in England, nor never was, then you and your great M••sters, Cromwel, Fairfax, and the Parliament, are a pack of bloody Rogues and Villains, to set the People to murder one an••ther, in fighting for preservation of their Laws (in which their Liberties were included) which was the principal declared Cause of the War from the beginning to the end. I thought (quoth the Lievtenant Colonel) I had been safe when I made the known Laws the rules of my actions, which you have all sworn and declared to Defend; and make as the standard and touchstone between you and the People.* 28.20 I but (replied Hugh) I will shew that your safety lyes not therein, their minds may change, and then where are you? I but (quoth the Lievtenant Colonel) I cannot take notice of what is in their minds to obey that; but the constant 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, &c. This was the substance of their discourse, saving that John pinched upon his great Masters large fingring of the Com∣mon-wealths

money, calling it Theft and State-Robbery, and say∣ing, That Cromwel and Ireton pissed both in one quill, though they seem sometime to go one against another; yet it is but that they may the more easily carry on their main design, To enslave the People.

Reader, I was the more willing to present the summ of this Debate to thee, that by comparing their doctrine and principles with their daily practices, thou mayst perfectly see to what con∣dition of slavery these beggarly upstart Tyrants and Traytors have reduced us by cheating us into a War against our lawful Soveraign, under pretence of defending our Laws and Liberties, and the Priviledges of Parliament, which themselves onely (with a concurring faction in the House) have now openly, and in the face of the Sun pulled up by the roots; and now they stop our mouths, and silence our just complaints with horrid,* 28.21 illegal and bloody Acts, Declaring words and deeds against their usurpations and tyranny to be High Treason: nothing is now Treason but what the remaining faction of the House of Commons please to call so. To murder the King, break the Parliament by hostile force, put down the House of Lords, erect extrajudicial High Courts of Justice to murder Men without Trial by Peers, or Jury, or any legal proceeding; to subvert the fundamental Government by Monarchy, and dispossess the right Heir of the Crown, and to usurp his Su∣preme Authority in a factious fagg-end of the House of Commons, to put the Kingly Government into a packed Junto of forty Ty∣rants, called, A Councel of State; to exercise Martial Law in times of peace, and upon persons no Members of the Army; to raise what unnecessary illegal Taxes they please, and share them and the Crown Lands and Revenues amongst themselves, lea∣ving the Souldiers unpaid to live upon Free-quarter, whilst they abuse the People with pretended Orders against Free-quarter; to alter the Styles of Commissions, Patents, Processe, and all Legal proceedings, and intoduce a forraign Jurisdiction; to Counterfeit the Great Seal and Coin of the Kingdome, and to keep up Armies of Rebels to make good these and other Tyrannies and Treasons, is High Treason by the known Lawes; but now (by the Votes of the Conventicle of Commons) it is High Treason to speak against these crimes. Good God! how long will thy patience suffer these Fools to say in their hearts there is no God? and yet profess

thee with their mouths? to break all Oathes, Covenants, and Protestations made in thy Name, to cloak and promote their Designes with dayes of impious fasting and thanksgiving? how often have thy Thunderbolts rived sensless Trees, and torn brute Beasts that serve thee according to their Creation? yet thou passest over these men who contemn thee, contrary to their knowledge and professions: Scatter the People that delight in War: Turn the Councels of the wise into folly, let the crafty be ta∣ken in their own net; and now at last, let the Oppressed taste of thy mercies, and the Oppressor, of thy justice; throw thy rod into the fire, and let it no longer be a bundle bound together in thy right hand, They appeal to thee as Author of their prosperous sins, become (Lord) Author of their just punishments; bestow upon them the rewards of Hypocrites, and teach them to know the difference between the saving strength of Magistrates, and the destroying vio∣lence of Hang-men: But what am I that argue against thy long-suffering (whereof my self stand in need) and seek to ripen thy vengeance before thy time? Shall the Pot ask the Potter what he doth? I beheld the prosperity of the wicked, and my feet had slipped: Lord amend all in thy good time, and teach us heartily to pray, Thy will be done in Earth as it is in Heaven.

* 28.22 May 30. 1649. The aforesaid Trayterous Act for abolishing Kingly Government, and converting England into a Free-State, (consisting of forty Tyrants, and many millions of slaves) was proclaimed in London by the newly intruded illegal Lord Mayor Andrewes, accompanied with 14 Aldermen of the same pack; the People in great abundance crying out, Away with it, away with it; GOD save King CHARLES the Second: and bit∣terly reviling and cursing it and them, until some Troops of Horse (ready prepared in secret) were sent to disperse, beat, and wound them: and yet the Trial of the King, and the subverting of our well-formed Monarchy (under which we lived so happily heretofore) with all other Acts of the like high nature, was done in the name of the People of England, although (I dare say) at least five hundred to one (if they were free from the terrour of an Army) would disavow these horrid Acts; so little are the People pleased with these doings: notwithstanding the new Title the Conven∣ticle of Commons have gulled them withall, Voting the People

of England to be The Supreme Power, and the Commons repre∣senting them in Parliament, the Supreme Power of the Nation under them: This was purposely so contrived to ingage the whole City, and make them as desperately and impardonably guilty as themselves; and certainly if this Tumult of the People (amount∣ing to a publick disclamour of the Act) had not happened, the whole City had been guilty by way of connivance, as well as these Aldermen, and the illegal Common Councel, newly packed by the remaining Faction of Commons, contrary to the Cities Char∣ters, to carry on these and such like Designs, and intangle the whole City in their Crimes and Punishments.

* The Names of the Lord Mayor and Aldermen of the City of London that personally proclaimed the Act for abolishing Kingly Government.

• Alderman Andrews, Lord Mayor.
• Alderman Pennington,
• Ald. Wollaston,
• Ald. Foulkes,
• Ald. Kenrick,
• Ald. Byde,
• Ald. Edmonds,
• Ald. Pack,
• Alderman Bateman,
• Ald. Atkins,
• Ald. Viner,
• Ald. Avery,
• Ald. Wilson,
• Ald. Dethick,
• Ald. Foot.

The Pharisaical House of Commons voted an Act, June 1.* 28.23 for a day of Thanks-giving to set off K. Olivers Victory over the Levellers with the more lustre, and to sing Hosanna to him for bringing the grand Delinquent to punishment. The wise Lord Mayor and his Brethren (in imitation) invited the Parliament, Councel of State, the General, and his Officers, to a Thanks-giving Dinner upon that day. The Commons appointed a Com∣mittee (under pretence of drawing more money from Adven∣turers for the Relief of Ireland) to ingage the City farther to them; Cromwel had the Chair in that Committee: the device was, that the Common Councel should invite the Parliament,

Councel of State, and Officers of the Army to Dinner, and feast them as a Free-State, and then move the Supplies for Ireland. But if the Levellers had prevailed, the Thanks-giving white-broth and custard had been bestowed upon those free-spirited Blades, whom Oliver raised into a mutiny with one hand, (and by ad∣vantage of his Spies) cast down with another, for the glory of his own Name, and that he might have occasion to purge the Army (as he had done the Parliament) of all free-born humours.

* 28.24White-hall is now become the Palace of a Hydra of Tyrants instead of one King, where our Hogens Mogens, or Councel of State sit in as much state and splendour, with their Rooms as richly hanged (I wish they were so too) and furnished (if you will be∣lieve their licenced News-books) as any Lords States in Europe; yet many of these Mushromes of Maje••ty were but M••chanicks, Gold-smiths, Brewers, Weavers, Clothiers, Brewers Clerks, &c. whom scornful Fortune in a spiteful merriment brought upon the Stage, and promoted to act the parts of Kings (to shew that Men are but her Tennis-balls) and when she is weary with laugh∣ing at their disguises, will turn them into the Tyring Room out of their borrowed cases, and shew us that our Lions are but her Asses. The Kings poor Creditors and Servants may gape long enough (like Camelions) to see the aforesaid Ordinance executed, for sale of the Kings Goods to pay their Debts; they (poor Souls) are left to starve while these Saints Triumphant revel in their Ma∣sters Goods and Houses.

* 28.25Orders about this time were sent forth into London and the Counties adjacent for certain Committees to enquire upon Oath and certifie the improved value and revenue of every mans estate real and personal, wherein good progress hath been made al∣ready; the like is to go forth throughout the Kingdome. That our forty mechanick Kings now sitting in White-hall, and the self-created supreme Authority of the Nation, may take an ex∣act survey (in imitation of William the Conquerors Book of Survey, called Domes-day, remaining in the Exchequer) 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 Estates are when they have com∣pleated their Design of Sequestring the Presbyterians as they have done the Royalists.

The faction in the House are, this beginning of June,* 28.26 1649. sitting abrood upon an Act to inable Committees to give Oaths in some cases; and yet the House of Commons never had nor pretended to have power to give Oathes themselves (though every Court of Py-p wders hath) because the House of Commons is no Court of Judicature, but only the Grand Inquest of the Kingdome, to present to the King the grievance and the necessities of the People by way of humble Petition; as appears by the Law-books and Statutes: and therefore the Commons can grant no more than they have themselves. But now the remaining faction of the House have voted themselves to be the supreme Authority of the Nation, and have a Sword to maintain it, they and we must be what they please; yet I must affirm, that to take illegal Oaths is never justi∣fiable before God nor Man, and no less than damnable. But it may be) that by accustoming the People to take these new-imposed, illegal Oaths, they hope to make them the more easily swallow their intended new Oath of Allegiance to their new State and their own Damnation together hereafter.

All the Scrivenors about the Town are commanded by the Supreme thing to produce their Shop-books,* 28.27 that notice may be taken who are guilty of having money in their purses, that the fattest and fullest may be culled out, and sequestred for Delin∣quents, now that their almighty Saint-ships have occasion to use it for defence of their Free-State, if they would but search 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 so full a Repre∣sentative-glass of the People, that it takes our very substance in∣to it self, and leaves us onely the shadow, whilst we wander up and down like our own Ghosts, who having lived under the Monarchy of Good King CHARLES, are now dead and des∣cended like shades into the Kingdome of Pluto.

The 7. June,* 28.28 1649. the Thanks-giving (spoken of Sect. 172.) was solemnized in the City: The Lord Mayor meeting the Speaker, resigned to him (as formerly was used to the King) the Sword of State (as had been ordered by the House the day before) and received it again from him; and then the Mayor conducted

them all to Christ-Church, where the Commons, Councel of State, General, and his Officers, together with the Mayor, Al∣dermen, and Common Councel, &c. mocked God with their Devotions, where Mr. Tho. Goodwin, and Mr. Owen preached out of the Politicks to them; from thence they were conducted to a great Dinner at Grocers-hall, and entertained in the quality of a Free State, no man bring admitted without delivering his Ticket. They were all strongly guarded with Souldiers, and every Cook had an Oath given to be true to them, which sh••wed they had more of fear and guilt thah of confidence and innocency within them. Great Presents of Plate given to his Excellency Fairfax, and to his Super-excellency Cromw l, and to others, fit to be chronicled in Stow•• and Hollingsheads Volumes,* 28.29 amongst other solemn Fooleries; let it not be omitted that Hugh Peter and ma∣ny other Saints were too full of the Creature (anglice) Drunk.

I am to give a necessary advertisement to all men, that though the young King shews much respect and a desire of reconcile∣ment (according to his dead Fathers never-dying precepts) to all moderate men and Presbyterians that make Addresses to Him, yet it is complained of by some (who look not into the un∣dermining practises of our new Statists) that some few of His Counsellors and Followers are as violent against the more mo∣derate and honest Presbyterians, as against the Independents who murdered his Father; but these zealous Royalist, are either some passionate light-brain'd men of little discretion and less power with him, or else some false-hearted Pen••ioners to our new State, and such as have under-hand an Indemnity for their own Estates in England, who stand like Scar-crows about His Majesty to fright away such as return to their Loyalty, and ten∣der their due Allegiance to Him, thereby to weaken the hands of his Majesty, 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•• in His three, Kingdomes, onely can and will (if we forsake not him and our selves) free and protect us from the many-headed, miserable, ar∣bitrary tyranny we now starve and bleed under; and restore un∣to us again our Religion, Laws and Liberties, our Wives, Chil∣dren, and Estates, Trading, Husbandry, peace and plen••y now

held in more than Aegyptian bondage, by our cruel, bloody, and thievish Task-masters;* 28.30 Remember his deceased Majesties gracious Messages frequently sent for peace and reconcilement; Remem∣ber His Concessions to His Parliament upon the last Treaty; (more than ever any King granted to His People.) Remember His pious meek and Christian Martyrdome suffered for His People, which bitter Cup had passed from Him if He would have built up and established this Babel of Tyranny now insulting over us, and have turned our wel-mixed Monarchy into an Olygarchical legal Ty∣ranny, by adding His Royal Assent to their wicked Demands tendered to Him but two dayes before His Translation from this valley of teares. Remember His Posthumus Book to His Son, full of Prec••pts, savouring meerly of piety, Christian wisdom, charitie, and forgiveness, to His very Enemies; and then judge whether our late King, or our usurping Kinglings (now scratching and tearing us, making one War beget another,* 28.31 perpetuating an Ar∣my, and domineering over us by the power of the Sword) were the natural Parent, whose bowels yearned upon this (now) Or∣phan Child, the English Nation dying and expiring under this new Corporation of Tyrants,* 28.32 (the putative Patent) which over∣layed it? He that acknowledged Allegiance to the Father, can∣not deny it to his Son, as having sworn to hear faith and true Allegi∣ance to the King his Father, and to his lawful Heirs and Successors; which our usurping Hogens Mogens cannot pretend to be: so that as well for duty and conscience to God and their own Souls, as for a necessary and just protection of their lives and estates, all honest and wise men ought to cast themselves into the Arms of his D••ead Majesty our present KING, as the only sanctuary of their salvation, and not suffer themselves to be so far mis-led by vain reports, as to be more afraid of their cure than of their disease.

Stultorum incurata pudor malas ulcera celat.

S••lomon hath shewed you out of the Cabinet of Nature the dif∣ference between a Natural-mother and a Step-mother;* 28.33 and that you may see the difference between a natural King, correcting his own people with fatherly compassion for examples sake; and a Usurper, wounding, killing and robbing (those which are none

of his own) his fellow-servants for his lust and lucre sake, I will set down a short Abridgement of our own famous Dictum de Ken∣nelworth, and first the occasion thereof, which was thus:

Simon de Montford, Earl of Leicester, conspiring with many other great men, rebelled against Henry 3. pretending (after the manner of all Rebels) Reformati∣on of publick Grievances. He overthrew the King in battel, took Him and his Son Prince Edward Prisoners; the Prince after a while escaped out of Prison, raised an Army, overthrew and slew in the Battel of Evesham Si∣mon Montford, subdued the whole Party, rescued and re-inthroned his Father. Cummissions were sent forth to prevent future troubles, and settle mem minds grown desperate with fear what horrid punishents so horrible a Rebellion would bring upon them: The result of all is contained in the said Dictum de Kennelworth, as I find it in Magna Charta veteri, fol. 60. part. 2. observe the mo∣deration pf it; No man bled to death for it but in the field; the blood of war was not shed in time of peace; the King did not slay those whom he had taken with his Sword and with his Bow, but reasonably fined them, not unto destruction: though the known Laws called them Traitors,* 28.34 and put them into his power for life, lands and goods; they were but once punished, not always tormented and kept upon the rack, after the late custom of our fellow-Servants and Subjects; who will never suffer the partition-wall between us to be thrown down, England once more to become one Nation, and one people; and our broken bones to be again set and knit together.

Dictum de Kennelworth.

None to be Dis-inherited, but onely fined: As namely, Those

1. That began and continued in War. 2. That held Northampton against the King. 3. That fought against him at Lewis, Evesham, Chesterfeild. 4. That were taken at Kenilworth. 5. That sacked Winchester, being yet unpardoned. 6. That voluntary sent against him, or the Prince. 7. The officers of the Earl of Leicesters who molested their Neighbours with Rapine, Fire, Murder, or otherwise, to pay in three years five years value, and half their estates of Land. If they sell it, such as are by the Kings grant possessed of them to have them, giving as any other, &c. and so if it be to be Let, those who pay the whole to have all instantly, and that pay 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 sale of which he would pay his Fine, the money to be paid by two, of which either side to chuse one.

2. Knights and Esquires, who during the War have enriched themselves by Rapine, having no Land, to pay half their goods, and be bound with Sureties to the peace; if no goods be acquitted by Oath, exceptis bannitis quibus solus, Rex potest remittere.

3. Lords of Wards to pay for them, and be answered by their Wards when they come to age; which if they ac∣cept not, the Wardship to accrue to such as the King hath given the Ransome to, and they to be so answered.

4. The Kings Wards to remain where they are placed, and be Ransomed as others, but without destruction.

5. Such as were with the King before the battel of Lewis, and since are Dis-inherited, His Majesty to de∣clare his pleasure touching them.

6. No man possest of wood to fell any, but onely for repair, till the last day of payment be passed and not ob∣served.

7. The King and the Popes Legate to send beyond sea for a time such as are likely to trouble the peace of the Kingdome, which if it hindered the paying of their Ran∣some, not for that to be Dis-inherited.

8. Such as were grieved with this Agreement might appeal to the Kings Court before S. Hilary, and such as were beyond sea to have inducias transmarinas.

9. Because the King was to reward many and some had too much, the King out of the Fines to provide for them.

10. The Legate, King, and Henry d'Almain to Elect twelve who should eause these Articles to be executed, and to see performed what they ordain, according to the estimates already taken, or if not to have new rates taken reasonable and true.

11. Tenents that were against the King to lose their Leases; but at the expiration of their time the Land to return to the true owner.

12. Forts built by the assent of the King, but without that of the Person dis-inherited, after the Fine paid in three years, to pay the costs of building of it in six years, or receive a reasonable exchange in Land.

13. Such of the Lay as apparently drew any to the part of the Earl of Leicester to pay two years Revenue.

14. The Buyers of other mens goods wittingly, to re∣store the value of that they have bought, and be at the Kings mercy, because that they did was against justice.

15. Those that at the Earls command entred Nor∣thampton, yet fought not, but entred the Church.

16. Such as held not of the Earl, yet at his command en∣tred to the action with him to pay half one years Revenue.

17. Such as held of the Earl to be only at the Kings mercy.

18. Impotent persons, and such as did nothing to be restored to their Possessions, and by justice recover their damages, their Accusers punish'd by Law, yet without loss of life or limb.

19. Maliciously accused to have their Estates imme∣diately restored.

20. Women to have their own Lands, and what they had of their first Husbands; if their late Husbands were against the King to be restored according to Law, or Fined.

21. None to be fined but such as were against the King.

22. Such as have been pardoned to remain so.

23. Those that are fined to answer no Loss done to any, but all damages to be remitted on every side; except those that intermedled not, and of the Church, whose actions are saved.

24. The King by reasonable Exchange to receive the Castles of Erdsley-Bishop, and Chartley, it seeming dangerous to leave Forts in their hands who have carri∣ed themselves ill towards the King.

25. Those that in the future shall commit any out∣rages to be punished by Law.

26. An Oath to be taken where it shall be held conve∣nient, not to pursue each other with revenge; and if any shall attempt the contrary, to be punished according to Law.

27. The Church to be satisfied by those that injured it.

28. Such of the Dis-inherited as refuse this Composi∣tion to have no Title to their Estates, and to be esteemed publick Enemies to the King and Kingdome.

29. Prisoners to be freed by the advice of the King and Legate.

30. No Person to be Dis-inherited by reason of these Troubles by any to whom he ought to Succeed.

You see what great care was here taken to prevent spoyl and waste of Woods, &c. whereas in this latter Age the first thing taken into consideration, is, how to raise ready Money by de∣struction of Woods, Housing, and selling of the Stock, to lay the Lands waste, and decay Husbandry to the endangering of a Fa∣mine for the present, and the Dis-inheriting our innocent Po∣sterity for the future; so little care is taken to keep that well which is so ill and illegally gotten. And how much regard was had to preserve innocent Persons from suffering wrong in any just claim or Title they could make to any Land possessed by a guilty Person; whether they claimed by Dower, Joynture, Title or Estate in Reversion, or Remainder, or otherwise: I wish the like justice were now observed.

Monday night, 4. June,* 29.1 1649. that third part of a Lord Admi∣ral, Col. Edw. ••opham came to Westminster, and presently made his Addresses to the high and mighty Estates in White-hall, giving them a dismal Relation of his ill success in tampering with the Governour of Kingsale in Ireland, who (proving honester than the Saints expected) took a summe of money of him to betray the Town, Forts, and Ships in the Road: but when Popham came in to the Haven to take possession of his new purchase, gave him such a Gun-powder welcome, that he lost most of his Men, landed to take livery and seisin, and divers Ships; he was commanded to conceal this ill news, lest it discouraged the City to engage so far with them, as to entertain them in the condition of a Free-State, and surrender the Sword to them, and so spoil the Design of their Thanksgiving Devotions and Din∣ner to be celebrated together, in, and with the City upon Thurs∣day ensuing the 7. of June; and lest it should dishearten more secluded Members from comming to sit in the House with them again, knowing, that Tyrants are followed for their fortunes, not for themselves; wherefore, upon Tuesday following (being the 5. Jun:) Popham made another kinde of Report to the Plebeians of the Commons House (who must not be trusted with the truth of State-mysteries, but (like Wood-cocks) must be led in a mist) That he had left Kingsale blocked up with ten Ships, and the Seas se∣cured in peace and quietness; and the better to adorn the fable, and suppress the truth from approaching the ears of the people,

the House that day (15. June) passed an Order, That for this re∣markable additional mercy bestowed upon them in the prosperous suc∣cess given to their Fleet at Sea, upon Thursday next, 7. June (the day set apart for publick Thanksgiving) the Ministers should praise God. Lord! since there audacious Saints are so thankful to thee for one beating, bestow many more beatings upon there, for they stand in need of all thy corrections. The like attempt hath been upon Scilly with the like success,* 29.2 since which time forty sail of Ships are pressed in the Thames to recruit the shattered Navy, given forth to be a Winter Guard at Midsummer.

John Blackiston is packed away to the other world; and the House upon 6. June, voted to Wife and Children 3000 l. out of the Earle of Newcastle's, and Lord Wytherington's Estates, in compensation of the loss of his Pedlery Ware, in his Shop at Newcastle; he had formerly given to him 14000 l. you see the in∣satiate hunger of Gold and Silver survives in the very Ghost of a Saint after he is dead: 500 l. more was given to Johns Brother; an Estate out of the Rectory and Demesnes of Burford was set∣led upon the Speaker. 400 l. per ann. Lands are be setled upon the General out of the Duke of Buckinghams and his Brother the Lord Francis Villers Estates. 400 l. per ann. out of Claringdon Park upon the Earle of Pembroke. 1000 l. was bestowed upon an eminent Member of Parliament for his many good Services. 4868 l. to the Lord Lisle, out of the Monthly Assesment for Ire∣land, for his penny-worth of good service done there; you see to what purpose we pay Taxes. 2000 l. Land per an. and 1000 l. Mo∣ney given to Bradshaw, the price of Bood. And 400 l. more given to the Poor of the City (to stop their mouths from cursing upon the Thanksgiving-day) out of the 2000 l. Fine set upon the Lord Mayor Reynoldson for not proclaiming the Act for abolishing Kingly Government; this is (according to the Spanish Proverb) To steal a Sheep, and give away the Trotters for Gods sake. You see 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 consider how to prefer Mr. Tho. Goodwin and Mr. Owen to he Heads of Colledges in Oxford as a Reward for asserting the late proceedings of Parliament upon the aforesaid Thanksgiving-day. It is not fit such men should

serve God for nothing: in the times of S. Peter and S. Paul, God∣liness was great Gain; but in the daies of our modern Saints, Gain is great Godliness.

The thing that miscalls its self a Parliament,* 29.3 hath set an Ex∣cise of 1 d. the Gallon upon all forraign salt imported; which is, in effect upon all the salt we use, (our home-made salt being in∣considerable) you see our Cups, our Spits, our powdring-Tubs, our washing-bowles, our Kettles, our Hats, Dublets, Breeches, Stockings, Shooes; nothing we use, eat, drink or wear, is free from being devoured by these sanctified Locusts of the Free-State, who complained of the King for that petty inconsiderable Tax of Ship-m••ney, which His Majesty spent in maintaining Guards of Ships upon our Seas, so much to the Honour of our Nation, that the King of Spain trusted all those vast summs of Bullion he sent to the Low-C••untries, to be Coined in our Mint, and above a third part yearly to be laid out here in English Cloth and Commodities, which with the residue of the Spanish Treasure was afterwards wafted over into Flaunders in English Bottomes, for which they were liberally payed; whereby every mans estate was increased 10 l. in the hundred, England infinitely abounded with Coin and Plate, as appeares by those many vast summs that have been constantly extorted from the People since the beginning of these Wars; more, I dare say, than all our Kings since the Conquest, (excluding William the Conqueror and Henry the Eighth) ever raised upon the People) and by those many vast summs our seeming Saints have sent into banks beyond Sea, and buried in their private Coffers.

Reader, let me admonish thee,* 29.4 That the Levellers (for so they are mis-called, onely for endeavouring to Level the exorbitant usurpations of the Councel of Officers and Councel of State) are much abused by some Books lately printed and published in their names, much differing from their declared Principles, Te∣nets, and Practices; but forged in Cromw••ls and Ir••tons shops to cast an odium upon them. These State-wolves by such forge∣ries endeavour to make the Sheep forsake and betray the Dogs that faithfully guard them; that they may with more security fleece them, flay them, and eat them hereafter. Ireton, H••slerig, and Postmaster-Attorney Prideaux, by themselves and their

Blood-hounds (Spies and Intelligencers) have been very dili∣gent to draw dry-foot after Mr. Lilburne, Walwine, &c. and sub∣orn witnesses against them, but (not having yet quite extin∣guished all sparks of truth and honesty, unless it be in their own breasts) failed of their purposes. 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 destruction) that the Army may consist of meer mercenary brutish spirits, such as will so far neglect the duties of men and Christians, as to execute all their tyrannous, bloody, illegal Commands, with a blind obedi∣ence and implicite faith, without asking a question for Consci∣ence sake, the better to enslave both the Kingdom and Common Souldiers. In farther prosecution of this Design, they have pro∣jected to levy seven new Regiments, which (by way of Gullery) they call Presbyterian Regiments, and shall be raised by Presbyte∣rian Commanders, but those Commanders shall 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 shall these new Officers and Regiments be u∣sed as Catch-poles and Hangmen (contrary to the honour of Souldiers) to persecute and execute such Members of the Army as retain any sense or memory of their old Engagements and Principles.

* 29.5I formerly told you of an underhand combination between the domineering Independent party here, and Owen Roe Oneale; which is now openly declared and avowed by their own licen∣ced News-books. Owen Roe and Colonel Monk are joyned (saith the M••dest Narrative) our Party have permitted 300. of O∣neals own Regiment to Quarter in our parts amongst the Creats within two miles of Dundalke, (saith the Scout) Owen Roe and Berne are come towards Col. Jones, and Col. M nks Quarters, he is so fair as to pay Contribution: his Quarters are to the Scots side of Dublin, to prevent their giving aid to Ormond in his attempt upon Dublin:* 29.6 who can blame necessity? nor doe our Grandees now deny this Confederacy with the bloody Po∣pish massacring Rebels, although they had the impudence to make the only supposition thereof one of the principal Charges

against the late King; and to raise a great out-cry against the Marquess of Ormond and Lord Inchiquine for their conjunction with Pr ston: yet they joyned but to prevent the Cromwelists, who offered to associate with him upon conditions much more prejudicial to the Protestant Religion, and English Interests, than Ormond hath given them. They have offered this Oneale all the Lands in Ʋlster forfeited by his Grandfather Tyrone, Shane Oneale, and others attainted, thereby destroying the British Plan∣ters there; and this is the reason they imploy so few old Irish Commanders into those parts, lest the Oneals should doubt they came to recover their own lands again. But our Atheistical Saints account themselves loose when other men are bound, no∣thing but a halter can hold them; all obligations to men, all du∣ties and vowes to God,* 29.7 they break upon pretended necessity and honest intentions. Their Metropolitan Nuntio, Judas Haclet, tells you, Their Party will not joyn with the bloody Irish, until they are brought to such a pinch, as to say,

Flectere sinequeo superos, Acheronta movebo.

If God will not be the Author and Patron of their Designs, the Devil shall; you see these Independents hang between God and the Devil, Michael and the Dragon, not resolved which part to take.

Be it known unto all men by these presents,* 29.8 that Harry Parker the Observator is returned from Hamborough, and highly prefer∣red to be Brewers Clerk, (alias Secretary) to Cromw••l; to whose Designs he hath prostituted his pen.

There is lately come forth a Book of John Meltons (a Liber∣tine, that thinketh his Wife a Manacle,* 29.9 and his very Garters to be Shackles and Fetters to him: one that (after the Independent fashion) will be tied to no obligation to God or man) wherein he undertaketh to prove, That it is lawful for any that have power to call to account, Depose, and put to Death wicked Kings and Ty∣rants (after due c••nviction) if the ordinary Magistrate neglect it. I hope then it is lawful to put to death wicked Cromwels, Coun∣cels of State, corrupt Factions in Parliament: for I know no prerogative that usurpation can bestow upon them. He likewise

asserteth, That those, who of late, so much blame Deposing, are the men that did it themselves, (meaning the Presbyterians.) I shall invite some man of more leisure and abilities than my self, to Answer these two Paradoxes: But shall first give him these cau∣tions:

1. That for the Polemick part he turn all his Arguments in∣to Syllogismes, and then he will find them to be all Fallacie••, the froth of wit and fancy, not the D••ctates of true and solid Rea∣son.

2. That for the Historical or narrative part, he would through∣ly examine them, and he will find few of them consonant to the plumb-line of truth.

3. That he would consider, that from the beginning of this Parliament there were three Parties or Factions in it:

• 1. The Royalists.
• 2. The Presbyterians.
• 3. The Independents.

For though they were not then notorious by their name, yet the Persons confederated were then extant and active; being a com∣plication of all Antimonarchical, Anarchical heresies and s••hismes, Anabaptists,* 29.10 Brownists, Barrowists, Adamites, Familists, Liber∣tines of all sorts; the true Heires and Successors of John of Ley∣den and Knipperdolling in all their principles aad practices united under the general Title of Independent: and these were origi∣nally the men that by their close insinuations, solicitations and actings began, and carried on the War against the KING, with an intent (from the beginning) to pull down Monarchy, and set up Anarchy, notwithstanding the many Declarations, Remonstrances, abortive Treaties, Protestations, and Covenants to the contrary; which were Obligations (from time to time) extorted from them by the Presbyterians, although not strong enough to hold such subtile Sampsons, whose strengths to break such Withes lay not in their Bushes of Hair, but in the Ambushes of their Hearts, wherein there always lay hid some evasion, equivocation, or men∣tal reservation, which, like a back-door, gave them leave to make an escape. In the beginning almost of this Parl. the Independents (that is, the Schismaticks) in the Parliament insisted openly upon it, to have the Papists in Ireland rooted out, and their Lands sold to

Adventurers, and passing an Act to that purpose, necessitated the Irish Papists to massacre the English Protestants, which was purposely done by the Independents, that both Papists and Pro∣testants might destroy one another there, that they might the better subvert Protestancy in England, which is now in hand. And though it be true that the first General, the Earle of Essex was a Presbyterian, yet he was acted by Independents, as the L. Sa•• and others of the like stamp; and had a clause in his Commis∣sion [to forbear the King's Person] which clause upon the Inde∣pendents new Modelling the Army under Fairfax was omitted at their especial instance.

Monday 18. June,* 29.11 1649. came forth that most useful Book of John Lilburns, called [The Legal fundamental Liberties of the People of England Revived, &c.] wherein he excellently well sets forth the new usurped tyranny of that Hydra of Nimrods now subverting our Laws, Liberties, and Property, consuming us with il∣legal Taxes, Excise, Free-quarter, Monopolies, and sharing Land, Money, Goods, and Offices amongst themselves, perpetuating an Ar∣my to enslave us, and overthrow the fundamental Government of this Nation, in order to which they have complied with, and cheated all Interests, broken all their Obligations to God and Man, violated all the Laws of this Land, their own Protestations, Covenants, the Oaths of Allegiance, Supremacy (which themselves caused the People to take) and their own Votes, Declarations, &c. The illega∣lity of their late erected High Court of Justice, and their unjust pro∣ceedings therein, the tyranny and usurpation of the Councel of State and Officers of the Army. And proveth that Col. Prides new pur∣ged, new pack••d House, is neither a House of Commons, nor Parlia∣ment; their usurped Supreme Authority to be a meer nullity or fiction, and especially, That this Parliament is cleerly dissolved and ended, which he proveth by the Death of the King, and by many other solid Arguments; and therefore all their Actings to be void and null, with many other cosiderable passages, where he ingeni∣ously confesseth, that being the Kings Prisoner at Oxford, with many other of the Parliament Party, the King did strictly observe the Laws of the Land in His proceedings against them, which this Parliament doth not do in any their most legal proceedings, for all their pretended Engagements, Declarations, Votes, Protestations and

Covenants to maintain and defend the Laws and Liberties of the People, Ergo, the King really, the Faction in Parliament, but pre∣tendedly fought for our Laws and Liberties.

* 29.12The Faction are now contriving to seize all the Tythes of the Kingdome into their own hands (yet they are the Ministers Free∣hold) and to make all the Ministers their stipendiary Lecturers, that they may preach and teach onely such Doctrine to the people as may bring them under a blinde and slavish obedience to our forty Tyrants of the new Councel of State, presuming that all our Ministers carry their Consciences in their purses, because the In∣dependents do so. Look to your wayes Christian Brethren, you are likely hereafter to have Oracles of State obtruded upon you instead of the Oracles of God. If the Ministers will not parret forth the new States Doctrine to you, they shall be starved out of their Pulpits.

* 29.13The thing called a Parliament is now likely to have so gene∣ral a purge as will leave neither life nor soul, dung, nor guts, in the belly of it. K. Oliver (unwilling to go for Ireland, and leave them fitting, who may unvote all he hath compelled them to vote) hath commanded his Journey-men to think of an Ad∣journment for some good time, that they may take the air, and grow wholesome again; and then (without some dire mischance) they never meet more; but this Supreme thing hath learned to use so much modesty to their Superiors, as to refer it to the Hogens Mogens, or Councel of State, to consider what Votes and Acts they shall pass beforehand for establishing their Highnesses in their new Dominion: And when (out of their usurped Supreme Authority) they have conferred as much upon the Councel of State as their ambitions aim at, they (good Boys) shall have leave to break up School and go into the Country to see their Friends, and visit their Foes; that is, all such as have full purses to be squeezed. Thus you see the method of Divine vengeance observes a Degrada∣tion; 1. Down went the King, and His Authority lapsed into the two Houses. 2. Down went the Peers House, and all Authority fell down into the Commons House. 3. Down goes the House of Commons, and the Supreme Authority translates it self into a Councel of State. And (if my conjecture fail me not) 4. Down will go the Councel of State, and all Authority be grasped into the

iron hands of Campson Gaurus and his Mamaluchy, his Councel of War, when they shall think fit to Act bare-faced without using a packt peece of a Parliament or Councel of State as a screen or vizard to cozen and befool the people.

In order to which Government by the Sword,* 29.14 Cromwel is voted to go into Ireland with his own confiding Officers and Army, with all power Civil and Military for three years; what doth this import less than that he is to be K. of Ireland? there to practise the first rudiments of Kings-craft, and when he hath inured those Semi∣barbarians to a Military Government, he shall return with his Janisaries, and subdue the English to the like obedience: In the mean time his property Fairfax shall be under the observation of the Councel of State here, and be beleagured both in his own house and Army with Olivers Creatures; and in this dishonour∣able fickle condition he shall have the vain honour to keep Olivers Regalia, (the Crown sitting upon one side like a Fools Cap upon his head) until he return, and shall then be called to account for all odious and unfortunate accidents that shall hap∣pen (for it is not for the Majesty of Oliver to bear the blame, al∣though they fall out by Cromwell's own oversights, or Gods an∣ger upon him) thus Cromwell's shadow being removed, himself may take substantial and actual possession of the Throne which he already enjoyes in all things but the Title. And then let all true Saints and Subjects cry out with me, God save K. Oliver and his brewing Vessels.

The Junto of Titular Supremists at Westminster (especially so many as have not packt themselves into the Councel of State) are very unwilling to quit their long-held Dominion,* 29.15 and submit to their own Bastard-brood, The Lords States at White-hall; but there is no remedy, Oliver is resolved to unyoke his Cattel and turn them to grass; he knows they may unvote all they have voted at his Command, if (during his absence in Ireland or Scot∣land rather) a new emergent power should overawe them; the present fear being alwaies most terrible to Cowards. But the Councel of State hath set them their task, which they must spee∣dily perform before they Adjourn, consisting of 13 Points:

1. That all Acts concerning the Loans of Monies, Excise, Seque∣strations, Goldsmiths-hall, Haberdashers-hall, Assesments for Eng∣land

and Ireland be passed. These reprobate Saints will sooner forget their God, than their Mammon [money.] You see they mean to perpetuate our burthens, as well as their own Army; and domineer over us with an arbitrary, military tyranny for ever.

2. That an Act be passed for setling the Militia of the Nation. This amounts to a new-invented Commission of Array (lawful for usurping Saints, though not for a lawful King) by vertue of which the scum and dregs of the people (base enough to associate with the Army) shall be Armed, & all men of quality and fortunes (unless such as owe their fortunes to their crimes) dis-armed.

3. Against exporting Wooll and Fullers Earth. Unless it be for the benefit of the Saints.

4. To prohibit exportation of Gold and Silver. The Saints have exported all our Gold already, and most of our Silver; and will never give over the Trade themselves though they prohibit o∣thers. But Gold and Silver are drawn out of Mines Royal, and belong to the Saints by their Prerogative.

5. An Act to be passed for punishment of Revolted Sea-men and Mariners. None against traiterous, tyrannous, theevish Saints.

6. An Act for relief of wel-affected Tenants against Malignant Land-lords; who have compounded for their Estates, rack their Tenants Rents, or turn them out of doors. This is a device: First, to make work for such Members as not being of the Councel of State, would become as contemptible as they are hateful, being devested of all power to play the Tyrants after Adjournment. And secondly, to stir up all the Tenants of England (especially Schismaticks) to combine with them, against their Land-lords, and deprive them of the legal use of their Estates, and the bene∣fit of their Compositions; for, to what purpose shall Gentlemen compound for their Estates, when they must let and set them at the discretion of domineering Committees, or Commissioners, conspiring with the high Shoos, to oppress, make a prey of, enslave and unspirit all the Nobility and Gentry of England here aimed at under the general Title of Malignants? Oh per∣fidious Tyrants! keep your money Gentlemen, or turn it into Iron and Gun-powder.

7. An Act to suppress Malignant Pamphlets aspersing the present

proceedings of the Parliament, Councel of State, and the Army, and prevent Printing as much as may be. This is to set truth in the pil∣lory, whilst her counterfeit, impudent, lying and slandering sits in state in Parliament, Councel of State, and Councel of Officers, and rides triumphantly Coached into the City to Thansgiving Devotions and Dinners.

8. That the Pulpits being as scandalous as the Press against their proceedings, they enjoyn that a more strict course be taken to stop the mouthes of the Preachers hereafter. You see how Ahab-like these Subverters of Church and Common-wealth,* 29.16 accuse our Prophets for troubling our Israel (being their own sin) and seek occasion to bring a spiritual as well as a corporal famine upon the Land, cutting off the staff of bread as well from our souls as bodies, by stopping the mouths of Gods Ministers. But I hope they will remember the duty they owe to the honour of him that sent them upon his Embassage to his people, and fearing God more than Man, every man cry out to his own soul and conscience with S. Paul, 1 Cor. 9.16. Vae mihi si non praedicavero, Woe be to me if I do not Preach.

9. That an Act be passed that that clause of the Stat. 23. Eliz. 25. Eliz. 1 Jac. against Sectaries, should be repealed, that none may be questioned thereby in the vacancy of Parl. What is this but to pray in aid of Turks, Jewes, Anabaptists of Munster, nay the De∣vil himself to joyn with them, as they have already joyned with Owen Roe Oneale, and his bloody massacring Irish Papists against the Protestant Religion, which was part of the designe of the schismatical Party in Parliament in waging war against the King from the beginning. See Sect. 184. the Marginal notes there. This impious Liberty of Conscience to destroy the Protestant Religi∣on, is all the liberty we are like to enjoy under the Kingdom of these bloody cheating Saints, in all things else we are meer and absolute slaves.

10. That an Act for a General Pardon be passed to all Persons except such as are particularly named therein, and declaring no Par∣don to any that shall for the future raise War in this Nation against the present Authority thereof. This is a project, 1. To pardon them∣selves and their Party for their transcendent villanies, and to stop the mouthes of the Countrey from complaining of them after

their Adjournment, and this shall be effectually done. 2. To be∣fool silly weak-spirited people with general words of a Pardon which shall be made ineffectual by many exceptions and limitations. 3. This is principally intended to fright men from attempting any thing against the usurped Supremacy and Tyranny of the Councel of State: and therefore all Pardons to such Attemptors are before∣hand declared against. This with them is (as a sin against the Holy Ghost) unpardonable; to deny their Supreme, Arbitrary Authority.

11. That the Act for relief of poor Prisoners for Debt may be passed. Though I can with as much Charity as any Man wish a relief to them; yet I like not that Charity should be made a cloak to ambitious Knavery; and all the Creditors of the Kingdom be made liable to the vexation of a covetous Committee, who, un∣der colour of Charity shall raise up all the indebted Men of the Kingdom against all the monied Men, if they will not sacrifice their purses to the Foh-Gods of the new State, and be bountiful to the Committee; which is the full scope of this Proposition.

12. That the Souldiers may be secured their Arreares out of the late Kings Lands. This is to tie all the Souldiery by the purse∣strings (which is Saints Tenure) to make good that horrid, tray∣terous Murther.

13. That an Act be passed for Probate of Wills, Granting Admini∣strations, and investing of Ministers presented. These lunatique Saints should have thought upon a new way to be set up before they throw down the old one, and not have left men in an uncertainty how to dispose of their Estates, and a Justitium, a vacancy of Ju∣stice upon the Kingdom: you see what Mountebanks our new State-Juglers are. The good Boyes began to learn these Lessons upon Monday, 25. June.

* 29.17The Councel of State likewise reported to their said Free-School of Commons several things which they (in order to their future greatness) would put into a way during the Recess: against the Houses next meeting, when two Sundays come together.

1. That Commissioners be appointed in every County to make an esti∣mate of all Tythes, to the end they may be taken away for the fu∣ture, and some other provision designed for Ministers. This is a whip and a Bell to lash Ministers to Preach State-Divinity.

2. That the Councel of State consider of setling future Parliaments, and the constant time of their calling, sitting, and ending, after this Parliament shal think fit to dissolve themselves. If they are not dissol∣ved already (which is the constant opinion of many great learned Lawyers well-affected to the Parl.) they will never be dissolved without the help of a Hangman. But I would gladly know by what Authority a Pack of forty Knaves calling themselves a Councel of State, and usurping Regal power, shall take upon them to abolish our ancient form of Parliaments, contrary to the fun∣damental Laws of the Land, their own Declarations, Protestati∣ons and Covenants, and to pack and shuffle new Parliaments, to dispose of our Religion, Laws, Liberties, Lives and Estates, against the consent of the far major part of the people.

3. That they shall consider of an Act for regulating proceedings in Law, and prevent tediousness of Suits. There are too many Law∣yers in the Councel of State to do any thing effectual that way; but it may be they will consider how to make the Lawes of the Land more sutable to an Olygarchical tyranny, and lesse agree∣ing with Monarchy.

4. That they will consider what Lawes are fit to be repealed. That is, all Lawes enjoyning uniformity in Gods Worship, all Monar∣chical Lawes, and all Lawes allowing more civil Liberty and Priviledges to the People, and to several Degrees of men than squares with the Designes of our new upstart State.

So many men have been cheated with Publique Faith,* 29.18 Irish Adventures, and Bishops Lands, that the Market is spoiled for sale of Dean and Chapters Lands, wherefore the Saints (being the onely monied men left in the Kingdome) have now agreed to buy them themselves, considering, that since they hold their Heads and all that they have in Capite of their Lords Paramount, the Councel of Officers, they may as well buy dog-cheap, and hold Deanes Lands by the same Tenure. For which purpose 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 summ of the Debentures in the Purchase, which doubling in ready money, they purchase upon such easie particulars, as brings it down from ten years purchase, to two or three years purchase. They are not seen in the business them∣selves,

but buy them in other mens names, and to the secret use of their Wives and Children. The Lord Munson, Hump••rey Ed∣wards, and Sir Greg. Norton, (who hath sold his own Land to purchase new upon this Title) and many other Saints have late∣ly trod this obscure path.

* 29.19Great complaints are made by the Countrey of the Souldiers insolency (amongst many other things) in putting their Horses into mowing Grasse. The General hath ordered the next Offi∣cer in chief to cause double damages to be given by the Souldier; and if the said Officer neglect, he is to answer it at a Councel of War at the Head Quarters. This remedy is worse than the disease, 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 expose him to more injuries of the angry Soul∣diers. The Officers will not, nor dare not keep a strict disci∣pline.

* 29.20The Earl of Denbigh referred to the Committee of the Re∣venue to consider the Arreares of his Embassie in Italy, and of his 1000. Marks per ann. pension bestowed upon him by the late King. If his deserts had been better, his Reward had been worse, and worse paid. Also Henry Martins Losses and Arreares refer∣red to the consideration of a Committee. If the Committee would know what Harry hath lost, they must examine his Barber-Surgeon. Rowland Wilsons Arrears and Losses, and the L. Gray's Charges and Arreares to be considered and reported: you see charity begins at home, and the Members exercise it (for the most part) in their own House.

* 29.21June 25. An Act passed, to enable the Councel of State with ab∣solute power to grant special and particular Letters of Marque or Reprisal in the name of the Keepers of the Liberties of England by Authority of Parliament: what is this but to empower the Coun∣cel of State to make War at Sea with all Princes and States at their discretion? they have already so far decayed all the Trade of this Nation, that ere long Traffique will be totally destroyed; whereby our Sea-men with their Ships will be necessitated (for want of employment) to revolt to the PRINCE: to prevent which inconvenience, they will find work for them by granting

so many particular Letters of Marque to all such as shall but pretend themselves wronged by Foreign Nations as will a∣mount to a General practice and profession of Pyracy, and turn England into a second Argires, whereby all Princes and States will be provoked to make a Pyratical War upon England, as against a Den of Theeves and Robbers, Common Enemies to Traffick and humane Society: as the Romans did under the Conduct of Pompey, against the Cilician, and other Asiatick Pyrats.

Captain Younge hath blown up with Gun-powder a Ship of the Princes, called the Antilope,* 29.22 lying at Anchor in Helver∣sluce, under the protection of the States of Holland, whereby the Chamber of Holland, and the honour of their Inland Sea is ra∣vished from them. By this, and by some former actions of the like insolency (as the firing upon their Ships, and killing their men for not striking Sail to them) you may see what good Neighbourhood the Dutch are like to have of their younger brother State, when they are once setled and confirmed in their yet infant Government: even the very same which the Cartha∣ginians found after the new erected Commonwealth of Rome grew up to maturity, which proved so dangerous a Competitor in point of power, profit, and honour, as buried the more an∣tient Free-State of Carthage in its Ruines. Free-states (especi∣ally Aristocracies) are very quarrelsome with their Neighbours, and never want many of their Patrician most potent Families ambitious to increase their own power and glory by Wars: and therefore seek occasions of quarrel with their Neighbours; such was the whole Family of the Barchines at Carthage; the Scipio's, Fabii, Camilli, Crassi, Pompeii, Casares, and many more at Rome: Thus was Greece torn in pieces by its Free-states.

The Commons have bestowed St. Crosses Hospital upon Cooke for acting the part of an Attorney General against the late King. It is fit every Judas should have his reward;* 29.23 the New Park in Surry bestowed upon the City in reward of their Thanksgiving Dinner, that the new-packed Court of Aldermen and Common-councel may not want Venyson to fill their Wives Bellies, nor they Brow Antlers to hang their Hats on.

* 29.24The 9. June the Commons (about 46 in number) had passed an Order concerning their secured, secluded, and absented Mem∣bers, and referred all such as had not already entred their dis∣sent to the Vote, 5. Decem. 1648. to a Committee to give such sa∣tisfaction to them as the House should approve of before the 30. of June instant, or else the House would take order for New Elections. This was to bring the said Members (300 in number at least) to the winnowing, that they might admit such as were for their turn to recruit their thin House, and expel the rest: few repaired to them, and of those very few were chosen, the Speakers Son, Sir John Treavor (who hath a Monopoly of 1500 l. per annum, out of Newcastle Coles, for which he was ma∣ny Months kept out of the House, and at last admitted (onely to comply with the Faction) and his said Monopoly continued) Sir Henry Haymonde, and two Sons of the Earl of Pembroke, were received. This was thought very unreasonable that so many Gentlemen either kept out, or driven away by force should, by a far less number sitting and acting under the same force, be sent to attend a Committee, to stand with their Hatts off to Holland, Scott, &c. and be examined and expelled for giving their Votes (Yea, or No) in the House according to their Consciences. This was to subvert the Liberty of all Parliaments for the future, and to make this House (which calls it self a Parliament) a meer packed Junto to carry on forelaid Designs. Besides, to expect they should approve all that the sitting Party in the House had done in the absence of these non-sitting Members, who neither heard the Debate, nor reasons, whereupon they grounded their Votes against the King and House of Peers, nor for the abolish∣ing Monarchy, and turning it into a Free-state, erecting a Councel of State for that purpose, voting the Supreme Autho∣rity to be in themselves, and many other matters of the like high nature, which have no place in the Laws of England, was such an imposition as neither agreed with the known Parliament Priviledges, Liberty of Conscience, (so loudly professed by these sanctified Members which sit) nor with humane reason and sense. And at last to sit under those Armed Guards that put a force upon them (the 6. Decemb.) before; promised as little of safety, unless they would renounce their own Consciences and Act

the wills of their Janisaries and their Party; and would render them contemptible to all the world, especially to those men who put this insolency upon them.

I formerly told you how unwilling the Members were to ad∣journ and resign their more than Kingly Power to the Councel of State;* 29.25 wherefore Cromwel finding he could not obtain that of them by a Vote, projected another way to work his Design, not the old way of a violent purge by securing and secluding the Members with his Myrmidons, that is already infamous,* 29.26 and would savour too grosly of the Power of the Sword; and would shew Oliver to be rather a Quack-salving Doctor of Phy∣sick than a Doctor of the Civil Law. He caused the Officers therefore to frame certain Articles of Impeachment against Mr. Lenthal their Spearker, as followeth:

• 1. FOr releasing out of New-gate three of the Queens Priests and Jesuits by his Warrant.
• 2. For maintaining and protecting several Spies and Agents for the late King within the Line of Communi∣cation during the late War.
• 3. For conveying divers remarkable prisoners of War out of the Line of Communication unto the late King.
• 4. For assisting and protecting several Plotters on the behalf of the late King, to destroy the City of London.
• 5. For suffering above 30000 l. to be conveyed to the late King out of the Line of Communication, wittingly and willingly.
• 6. For sending Horses of War, with Men and Arms to the late King.
• 7. For holding an intercourse of Letters with the late King.

• 8. For maintaining and keeping an Agent in the Gar∣rison of Oxford, for expediting the foregoing Treache∣ries.
• 9. For corrupting many Members of the Parliament, some lately excluded, and some now sitting in the House to conceal and smother the foreging Treacheries.
• 10. For endeavouring to take away the Lives of seve∣ral the Prosecutors and Witnesses unto the foregoing Treacheries.

You see there is not one word in them of Cousening the Commonwealth (which is now become the Private wealth of every particular Saint) because this would have broken univer∣sally the whole communion of Saints, and would have set them all together by the ears, to defend themselves by recriminating one another: The device was, by taking off the Speaker to Dis∣solve them, since they cannot by the Priviledges of the House chuse themselves a new Speaker without the consent of a power higher than their own (to wit) the Kings, and though they will be so much Masters of their own Priviledges, as to coyn new e∣very day upon emergent occasions, yet those irregularities are alwayes done under the power and protection of the Sword, which they could not expect against their own Visier Basha Oliver. This trick being smelt out, was so highly resented, that it perished in the birth; only (I hear) the Speaker bled in pri∣vate 15000 l. towards Olivers expedition.

* 29.27All the sinks of tyranny and oppression about the Town, the Committee of the Revenue, Goldsmiths hall, Haberdashers hall, the Excise Office, &c. are all emptied into that Common-Sewer Olivers expedition into Ireland (or rather Scotland) or engaged as a security to furnish him with 150000. part whereof onely he is accountable for; the residue is left to his discretion and con∣science to buy Towns and Victories with, and to be offered up∣on an Altar to be erected Deo ignoto.

At Olivers request, the House admitted Sir Edward Ford to compound upon the Articles of Oxon, notwithstanding his lapse of time; Forde married Ireton's Sister, and the Lord Culpepper's

Son married Forde's Daughter. Observe how the General is lessened to advance Cromwel. 1. The Command o•• ••e Irish Forces taken from him, and Cromwel sent with a Higher power than ever any went with into that Nation. 2. All Souldiers that will, are enabled to leave their Regiments, and List under Crom∣wel: so that the discontented and Levelling Party onely are left under the command of Fairfax.

Col. Martin's Accounts brought into the House, 3. July,* 29.28 1649. his Arrears came to 25000 l. and 1000 l. per ann. Land ordered to be setled upon him and his Heirs. The Lord Gray of Grooby's Arrears for the last Summer only against Duke Hamilton, 1500 l. These things considered, I cannot wonder at the Petition pre∣sented to the General by Captain Jubbs, in the name of Col. Hus••n's Regiment about July 6. wherein (amongst other things) they complain,* 29.29 That the House doe weekly bestow 1000 l. per an. upon themselves out of the publique Treasury of the Nation, when as the Souldiers wants are great, and all the people are in great ne∣cessity.

As if the dividing of the Army,* 29.30 and putting the most confi∣ding men under Cromwel, the taking the whole command of Ireland from the General, and conferring it upon Cromwel, the drawing dry all Treasuries of Money to furnish Cromwel, and leaving no Money to content the Generals remaining part of the Army, the turning the odium of seizing and secluding the Members, and Murdering the KING, upon the General, were not sufficient diminutions of the General, and augmentations of his Lievtenant General: The Welch Counties are set on work to desire Harry Martin for their Commander in Chief; and the Western Garrisons (the most considerable of England) are to be taken from the General, and put into the hands of Cromwel and his Party, for his retreat from Ireland; so that if all this do not enable him to ruine the General, it will (at least) enable him to divide the Army, and cantonize the Kingdome, and turn the General into the dangers and troubles of the starving, forlorn, North Counties bordering upon Scotland. And if Cromwel find Ireland too hard a bone for him (it is thought) he will en∣deavour to surprize the Isle of Man, and from thence infest Scot∣land and Ireland.

* 29.31About the 18. July, 1649. was presented to the world an inge∣nious ••ce, entituled, [An Inquisition for Blood] to the Parlia∣ment, instatu quo nunc. And, to the Army, Regnante: wherein the Author proves, That the KING did not take the guilt of blood Himself by granting the Preambulatory Proposition in the late Treaty in the Isle of Wight, in these words, (viz.) That he acknowledged that the two Houses of Parliament•• were necessitated to undertake a War in their own just and lawful Defence, &c. And that therefore all Oathes, Declarations, or other publique Instruments against the two Houses of Parliament, or any for adhering to them, &c. be Declared null, suppressed and forbidden.

[unspec 1] His Majesty in yielding to this Grant, had reference to two ends: 1. To prepare the way to peace, which without this had been hopeless. 2. To secure and indempnifie the two Houses, with all their Adherents, and rid them from those despairing feares and jealousies which made them adversaries to Peace.

[unspec 2] For the words of the Preamble, they were not of His pen∣ning, He was not Author of them, but an Assentor to them: nor was He, or his Party accused or so much as mentioned in them.

[unspec 3] He made this Concession sub stricta novacula, when the Razor was (as it were) at his throat: 1. An Army of 30000. Horse and Foot effective against Him. 2. When He was endangered and tired out with a long and close Imprisonment. 3. When many dangerous and menacing Petitions against His life, had been encouraged and entertained: so that the King may seem to have been necessitated to yield to this Grant for His own just and law∣ful defence.

[unspec 4] His Majesty passed this Concession with these two Provi∣soes: 1. That it should be of no validity until the whole Treaty were intirely consummated. 2. That He might, when he pleased, enlarge and clear the truth with the reservedness of his meaning herein with publick Declarations. Now the Treaty being power∣fully carried on without Debate; or receiving any Proposition from the King, as was capitulated (and reciprocal Proposals are of the Essence of all Treaties) this Grant could never bind Him.

[unspec 5] This Grant was a meer Preambulatory Proposition not of

the Essence of the Treaty. Philosophers and School-men tell us,* 29.32 No valid proof can be drawn out of Proems and Introductions, but out of the body of the Text. So in the Laws of England, and in all Accusations and Charges, Prefaces and Preambles are not pleadable. They are the last in penning of Laws, least in account, nor never had the force of Laws.

[unspec 6] There's not a syllable in this Preface which Repeals any for∣mer Law inflicting a Penalty upon such Subjects as bear or raise Arms against their KING: nor those Laws which (è contrario) exempts from punishment all subjects adhering to the Person of the KING in any Cause or Quarrel.

[unspec 7] Whereas the said Preface saith, the two Houses were necessita∣ted to make a War, &c. This may relate to a necessity à parte post, not à parte ante, self-defence is the universal Law of nature, extending to all Creatures; it is, non scripta sed nata Lex.* 29.33 There∣fore when the two Houses (or rather a schismatical Party in them) had brought upon themselves a necessity of Self-defence, His Majesty was content to acknowledge that necessity. If one man assault another upon the High-way, and the Assailed furi∣ously pursue the Assailant, putting him to the defensive part; the Assailant is now necessitated to fight in his own defence, although he drew that necessity upon himself, yet is he now excusable à posteriori, not à priori. And as Civilians say of clandestine Marri∣ges, Quod fieri non debuit, factum valet; for multa sunt quae non nisi peracta approbantur.

Lewis the 13. of France, had many Civil Wars with his own Subjects, amongst other Treaties to compose them, upon the Treaty of Lodun he was enforced to publish an Edict, approving of all that had been done by his Opposites as done for his ser∣vice. The like extenuations are not unusual at the close of Civil Wars; and the only use made of them was never other than to make the adverse Party more capable of pardon, to secure them against the brunt of the Laws, to salve their credits, and pave the way for an Act of Oblivion, and restore a setled peace; Peace and War, like Water and Ice, being apt to beget one another. But never was use made of such Grants to ruine the King that Gran∣ted them, or his Party.

Thus having confuted that misprision, That the King by Grant∣ing

that Introductory Proposition, had taken all the Blood upon His score: my Author having cleared his way to his farther Inquisi∣tion after Blood, proceeds, and tells you, Blew-Cap was the first that opened the Issue of Blood by entering England, and shewing Subjects the way of representing Petitions to the King upon their Pikes points: That the Irish took their rise from him. And whereas occasion was taken to calumniate His Majesty for having a fore∣knowledge thereof (amongst many other convincing Arguments to clear him) my Lord Macguire upon the Ladder, and another upon the Scaffold, did freely and clearly acquit Him. And (in regard great use was made of the Irish Rebellion to imbitter the People against the King) the Author winds up the causes thereof upon one bottom. Telling you

1. They who complied with the Scots in their first and second Insurrection.

2. They who dismissed the Irish Commissioners (sent to pre∣sent some grievances to the Parliament) with a short, unpolitick harsh Answer.

3. They who took off Straffords Head (the onely Obstructor of that Rebellion) and afterwards retarded the Earl of Leicesters going into Ireland.

4. They who hindered part of the disbanded Army of 8000. Men, raised by the Earl of Strafford, being Souldiers of Fortune, to go serve the Spaniard, as his Majesty had promised the two Spanish Ambassadors, the Marquesses of Velada and Maluezzi: which cashiered discontented men first put fire to the Tumult. They who did all this, are guilty of the Irish Rebellion, and of the blood of above 100000 Protestants who perished in that War. Adde, They who importuned the King (contrary to His judgment) to make the Irish desperate by passing an Act to con∣fiscate their estates, and grant them away to such as should advance Monies upon Irish Adventures.

Touching the War kindled in England, the Author con∣fesseth it was a fatal thing there should be a withdrawing of the Kings Person 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, should be frigh∣ted away by Tumults raised by Ven and Bourges, and a De∣sign

to seize the Kings Person; yet it is fit it should be remem∣bred.

1. What reiterated Messages his Majesty sent, offering to return, if there might be a course taken to secure his Person, with those Peers and Commons rioted away.

2. That there was not the least motion towards War, until Hotham shut the Gates of Hull against the King, attended onely with some few of his houshold servants; which Act of his was ap∣proved of afterwards by the House of Commons Vote, as if he had done it by their warrant.

3. That a while after, there was an Army of 16000. men effe∣ctive inrolled about London, to fetch Him to His Parliament, and remove ill Counsellors, under the Earl of Essex, long before the King began to set up His Standard.

4. That the same Army so raised, to bring the King to His Parliament, was continued two years after to keep Him from His Parliament.

5. Who interdicted Trade first, and brought in Forreign Force to help them? and whose Commissions of War were near upon two years date before the Kings.

6. That in all His Declarations, He alwayes protested, He waged not War against the Parliament, but against some Sedi∣tious Members, against whom He could not obtain Common Justice.

7. That upon all good Successes, the King still courted the Parlia∣ment and City to an Accommodation.

8. That upon the Treaty of Ʋxbridge, The King moved, that (to prepare mens mindes to Peace) there might be freedome of Trade from Town to Town: A cessation of all Acts of Hostility for the time, that the inflamation being allayed, the wound might be cured the sooner.

9. That this present Army remember how often in their Propo∣salls and Declarations they protested, That their aim was, to restore His Majesty with Honour, Freedome, and Safety, whereunto they were formerly bound by their Protestation and Covenant; and that the two Commanders in Chief pawn'd their Souls to Him there∣upon.

10. That to settle Peace, the King did in effect (by His Con∣cessions)

part with His Sword, Scepter, and Crown, and every thing that was personal to Him.

11. With what admired Temper, Prudence, Constancy, He comported Himself in His Afflictions; and how many of His engaged Enemies became His Converts thereby, speaking Pane∣gyricks in His praise.

12. That though there be some precedents in our Histories for Deposing Kings in point of Competition for the Crown; yet it is unexampled, That a King of England, of an undoubted Title, should be Summoned, Arraigned, Tryed, Condemned, and Executed at His own Door, by His own Subjects, and by the Name of their King, to whom they had sworn Allegiance; Contrary to the whole Current of the Law, which saith, The King can do no wrong, The Crown takes away all defects: Wherefore it was ad∣judged superfluous to take off Attainders, under which Hen. 7. and Queen Eliz. lay, because the Crown wiped off all Blots. Rex non habet Parem in suis Dominiis nec Superiorem, satis habet Rex ad poenam, quod Deum expectat ultorem. If therefore by the Laws of the Land, all men must be Tried by their Peers, and the King have no Peer, what power had these Men to Arraign their King? to be both His engaged Enemies, Accusors, and Judges; and to Erect an unpresidented Tribunal, without the least Foundation in Law, with power, and purpose to condemn all that came before it; and that Sentence of Death should pass without conviction, or Law, against the Head, and Protector of our Laws, and Fountain of Justice and Mercy.

13. That they who (by their own Confession) represent but the Common People, should assume power to cut him off, who im∣mediately represented God.

* 29.34About the same time Mr. William Pryn Assigned his Reasons, why he could neither in Conscience, Law, nor Prudence, voluntarily submit to pay the Arbitrary illegal Tax of 90000 l. a Month, im∣posed upon the People, by a pretended Act of the Commons, bearing Date 7. of April 1649. towards the maintenance of Forces to be continued in England and Ireland.

Because by the Fundamental Laws, and known Statutes of this Land, No Tax, &c. ought to be Imposed, or Leavied, but by the Will and common Assent of the Earls, Barons, Knights, Burgesses, Com∣mons, and whole Realm, in a free and full Parliament. See Magna Charta, 29, 30. Stat. 25 Edw. 1. chap. 5, 6. 34 Edw. 1. De Tallagio non concedendo, c. 1. 21 Edw. 3. Rot. Parl. nu. 16. 25 Edw. 3. c. 8. 36 Edw. 3 Rot. Parl. nu. 26. 45 Edw. 3. Rot. Parl. nu. 42. 11 Hen. 4. Rot. Parl. nu. 10. 1 Rich. 3. c. 2. The Petition of Right, and Resolutions of both Houses against Loans, 3 Car. The Votes and Acts against Ship-money, Knighthood, Tonnage and Poundage, and the Star-chamber this Parliament, 17, 18. Car. agreed to by Mr. William Hack∣wel, in his Argument against Impositions. Judge Hutton and Crock in their Arguments; Mr. Saint Johns in his Argument and Speech against Ship-money, with others Arguments and Discourses upon that subject. Sir Ed. Cock in his 2 Instit. pag. 59. 60 527, 528, 529, 532, 533. But this Assessement was not so legally im∣posed, Ergo, I, nor no man else ought to pay it. 1. This Tax was not imposed by any Parliament; The late Parliament being actu∣ally dissolved above two months before this pretended Act was passed for imposing it, by the Murder of the King, as is resolved by the Parliament. 1 Hen. 4. Rot. Parl. nu. 1. 4 Hen. 4. and 1 Hen. 5. Rot. Parl. nu. 26. Cooks 4. Institutes, p 46. 4 Edw. 4. 44. 6. For the King being both the Beginning, End, and Foundation of Parliaments (ac∣cording to Modus tenendi Parliamentum, and Sir Edw. Cook 4. In∣stit. p. 3.) which are Summoned and Constituted only by his Writ, the Writ is actually abated by his Death. 1 Edw. 6. c. 7. Cooks 7. Rep. 30, 31. Dyer 165. 4 Ed. 4. 43, 44. 1 Ed. 5. 1 Brook Comission, 19. 21.

It appears by the Writs of Summons to the Lords (Crompt. Juris∣diction of Courts, fol. 1. Cooks 4. Instit. p. 9. 10.) and of Elections,* 29.35 and leavying their Wages: That the Parliament was only Par∣liamentum nostrum, the Parliament of the Kings that is Dead,

not of his Heirs and Successors, They are all Summoned to come to his Parliament to advise with him (nobiscum, not with his Heirs and Successors) of great and weighty Affairs concerning, Nos & Regnum nostrum, Him and his Kingdome, 5 Edw. 3. 6. part 2. Dors. Claus. Regist. fol. 192, 200. So the King being dead, and his Writ and Authority by which they were Summoned, and the end for which they were Called: Ad Tractandum ibidem nobiscum, super arduis negotiis nos & statum Regni nostri tangentibus, being thereby ab∣solutely determined without any hope of revival: The Parlia∣ment is determined thereby, especially as those who have Dis-inherited his Heirs and Successors, and Voted down Monarchy it self, and the Remnant now sitting are no longer Members of Parliament, as all Judges, Justices of the Peace, Sheriffs, made onely by the Kings Writ or Commission, and not by Patent, Cease and become void by the Kings death, for this very reason, because they are constituted, Justitiarios & Vicecomites nostros ad pacem nostram, &c. custodien∣dum. The King being dead, his Writs and Commissions expire with Him. 4 Ed. 4. 43. 44. Brook Office and Officer 25. Commission, 19. 21. Dyer. 195. Cook 7. Rep. 30, 31. 1 Ed. 6. c. 7. Daltons Justice of Peace, chap. 3. pag. 13. Lambert, pag. 71.

[Object.] If any object the Act of continuance of the Parliament, 17 Car. That this present Parliament shall not be dissolved unless it be by Act of Parliament for that purpose.

[Answ.] It is Answered, That it is a Maxim in Law, That every Statute ought to be expounded according to the intent of those that made it, and the mischiefes it intended onely to prevent. 4 Edw. 4. 12. 12 Edw. 4. 18. 1 Hen. 7. 12, 13. Plowdens Comment. fol. 369. Cooks 4. Insti∣tutes pag. 329, 330. Now the intent of the Makers of this Act, was not to prevent the Parliaments dissolution by the Kings Death (no wayes intimated in any clause thereof, although it be a clear disso∣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, without the consent of both Houses, which I shall prove by the Arguments following.

1. From the principal occasion of making the said Act. The Commons in their Remonstrance, 15. Decemb. 1642. complain, That the King had dissolved all former Parliaments against ap∣probation of both Houses of Parliament; Wherefore to prevent

the Dissolution, Prorogation, or Adjournment of this present Parl. by the Kings Regal Power, after the Scots Army should be disband∣ed, and before the things mentioned in the Preamble could be effected, was the ground and occasion of this Law: and not any fear of Dis∣solving the Parliament by the Kings death, Natural, or Violent, which is confessed by the Commons in the said Remonstrance, Exact Collect. pag. 5, 6. 14, 17. compared together, where they Affirm, The abrupt dissolution of this Parliament is prevented by another Bill, &c. In the Bill for continuance of this Parlia∣ment, there seemes to be some restraint of the Royal power in Dis∣solving of Parliaments; not to take it out of the Crown, but to suspend the execution of it for this time, and occasion onely, which was so necessary for the Kings own Security, and the Publick Peace, that without it we could not have undertaken any of those great Charges, but must have left both Armies to disorder and confu∣sion, &c.

2. The very Title of this Act [an Act to prevent inconveniences which may happen by the untimely Adjourning, Proroguing, or Dis∣solution of this present Parliament] intimates as much, compared with the body of it, which provides as well against the Adjourning, or Proroguing without an Act, as against a Dissolution. Now the Par∣liament cannot be said 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∣ses, or their Speaker executed during his life-time, See Parl. Rolls, 6 Edw. 3. 2. Rot. Parl. 3. 6. 5 Ric. 2. n. 64, 65. 11 Ric. 2. nu. 14, 16, 20. 8 Hen. 4. nu. 2, 7. 27 Hen. 6. nu. 12. 28 Hen. 6. nu. 8, 9, 11. 29 Hen. 6. nu. 10, 11. 31 Hen. 6. nu. 22, 30, 49. and Cooks 4. Instit. p. 25. Dyer fol. 203.

3. The Prologue of the Act implies as much, whereas great summs of Money must of necessity be speedily advanced for relief of His Majesties Army (not his Heir or Successor) and for sup∣plying other His Majesties (not his Heires, nor Successors) oc∣casions, which cannot be so timely effected as is requisite, without credit for raising the said Monies; which credit can∣not be attained until such Obstacles be first removed, as are oc∣casioned by Fears and Jealousies; That this Parliament may be Adjourned, Prorogued, or Dissolved, before Justice shall be duly exe∣cuted

upon Delinquents (then in being, as Strafford, Canterbury, not since made) Publique Grievances (then complained of, as Star-chamber, High Commission, Ship-money, Knighthood-money, Tonnage, and Poundage, &c.) redressed: Peace concluded be∣tween the two Nations, sufficient provisions made for repayment of the said monies (not others since) so to be raised. All which expressions related onely to His late Majesty, as to His Acts of Royal Power, not to His Heires and Successors, after His Natural (much less) Violent death, which was not then thought on, but publick∣ly Detested, and Protested against; no Man being so hardy as to mention it for fear of the Law, not then subdued by the Sword; And the several Principal Scopes of this Act are fully satisfied long before the late Kings death.

4. It is clear by the Body of this Act; And be it declared, &c. That this present Parliament, &c. shall not be dissolved, unless it be by Act of Parliament to be passed for that purpose; nor shall at any time, or times during this present Parliament, be Adjourned, or Prorogued, unless it be by Act of Parliament to be passed for that purpose; and that the House of Peers shall not at any time, or times, during this present Parliament, be Adjourned, unless it be by themselves, or by their own Order. And in like manner, That the House of Commons shall not at any time, or times be Ad∣journed, &c. as aforesaid. From whence it is undeniable.

1. That this Act was onely to prevent untimely Dissolving, Pro∣roguing, and Adjourning of that present Parliament then assem∣bled, and no other, by Acts of Royal Power.

2. That the King was the Principal Estate, and Member, yea, our Soveraign Lord, the sole Declarer, and Enacter of this Law, by Assent of the Lords and Commons.

3. That neither this Act, nor any other, for Dissolving, Proroguing, or Adjourning this Parl. could be made without the Kings Royal As∣sent, which the Lords and Commons in their Remonstrance, 26. May, 1642. often acknowledge, together with His Negative Voice to Bills, exact. Collect. p. 69, 70. 736. 709. 722.

4. That it was not the Kings intent in passing this Act, to shut Himself out of Parliament, or create Members of Parliament without a King, as He professeth, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, ••. 5. Nor the Lords and Commons intent to Dis-member Him from His Parlia∣ment,

and make themselves a Parliament without Him, as their said Remonstrance testifies; and the words of the Act import, much less was it their intent to pack a Parliament of 40 or 50 Commons onely, selected by Colonel Pride, to Vote according to the Dictates of a Councel of War, after they had destroyed the King, and House of Peers: Against which transcendent usurpati∣on this very Act provides, That the House of Peers shall not be so much as Adjourned, or Prorogued, but by themselves, or their own Order.

5. Neither did King, Lords, and Commons, in passing this Act intend, That by Murdering the King, Abolishing the House of Lords, and expelling by power of the Sword eight parts of ten of the Commons, the remaining Faction should con titute themselves, their Heires and Successours, a perpetual Parliament,* 29.36 which would Crosse, and Repeal the Act for a Triennial Parliament made on the same day in Law. Brook, Parliament 80. Relation 85. Dyer 85.

6. The last Clause of this Act concludes as much. And that all, and every thing, or things whatsoever done, or to be done (to wit, by the King, or his Authority) for the Adjournment, Proroguing, or Dis∣solving of this Parliament, contrary to this present Act, shall be utterly void and of none effect. Now Death of the King, and Dis∣solution of this Parliament thereby, cannot properly be stiled a thing done, or to be done by the King, if by those words (things done, or to be done for the dissolving, &c.) they shall say, they related to the Kings Natural Death: Natural Death is the Act of God, which these Saints cannot make void, if they related to His violent Death, it could not then be said a thing done, or to be done for the unlawfulness and injustice of it. This Act passed long before any War or Bloodshed; The onely pretence they have since found out for the Kings Murder.

2. If this Parliament were not Dissolved by the Kings Death, Yet the House of Peeres (formerly Voted) down by the Commons, gave no consent to the passing this Act, Entituled, An Act of the House of Commons; who, without the concurring Assent of the Lords, and the Kings Royal Assent, have no power to passe any Act, Make, or Declare any Law, or impose any Tax, as ap∣peares by the fore-recited Acts; The Petition of Right, The Act

for the Triennial Parliament, and this very Act against Dissolving, Proroguing, &c. with all our Printed Statutes, Parliament Rolls, and Law-Books. The Commons being so far from claiming the sole Legislative power heretofore, as that they were not Sum∣moned to our Ancient Parliaments, (which consisted onely of King, Lords, Temporal and Spiritual) until 47 Hen. 3. nor had they so much as a House of Commons, or Speaker, until the Reign of Edw. 3. nor never tendred any Acts, or Bills to the King, but Petitions onely of Grievances, until long after Rich. 2. time. See the Printed Prologues to the Stat. 1, 4, 5, 9, 10, 20, 23, 36, 37. 50 Edw. 3. 1 Ric. 2. 1, 2, 4, 5, 7, 9, 11. 13 H••n. 4. 1, 2, 3, 4, 8. 9 Hen. 5. 1, 2, 3, 4, 6, 8, 9, 10, 11, 14, 15, 28, 29. 39 Hen. 6. 1, 4, 7, 8, 12, 17. 22 Edw. 4. 1 Rich. 3.

3. But suppose the Commons alone had p wer to impose Taxes, yet it must be in a full, and free House: whereas, when this Act for 90000 l. a Moneth passed, the House was neither Full, nor Free, The Major part of the House (who by Law are the House) to wit, 8. parts of 10. at tht least, being Secured, or Secluded by Col. Pride, and his Souldiers, by Confederacy with those 40 or 50 then sitting when this Act passed, and passing the Wills of the Councel of Officers, to the subversion of Parliaments, and the great wrong of those Counties and Burroughs for whom they served.

[Object.] If it be objected, that by usage of Parliament, 40 Members make a House of Commons.

[Answ.] 1. I Answer, not to all intents and purposes; Not to grant Subsidies, nor pass Lawes, or matters of greatest moment, Modus te∣nendi Parl. Cooks 4. Instit. pag. 1, 2, 26, 35, 36. Cromptons Juris. of Courts, fol. 1. 39 Edw. 3. 7. Brook, Parl. 27. 1 Jac. 1.

2. 40 Members make not a House, when the rest are Exclu∣ded by force without doors, and fraud of their Fellow-members within doors, on purpose, that (being the Major number) they may not over-vote them. The Commons not having power to expel any of their Members, without consent of King and Lords, in whom onely the Judicial Power resides. Paribus in Pares non est Pote∣stas, Claus. Dors. 7 Rich. 2. M. 27. Seldens Title of Honour, pag. 737, Baron Camoyes case discharged by the Kings Writ, and Judgment from serving amongst the Commons, because a

Peer of the Realm: The practice for Members to Expel and Sequester their Fellow-members, being a late dangerous in∣novation, to pack a Factious Conventicle instead of a Parlia∣ment.

If the King should send forth no more Writs than would Summon forty or fifty Commons, it were no House.* 29.37

So Mr. Pryn concludes, That if he should voluntarily submit to pay this Tax, by vertue of the said pretended Act of Parlia∣ment Dated 7. of April, 1649. made by those now sitting (some of whose Elections have been Voted void, others of them E∣lected by new Illegal Writs, under a new kinde of Seal, since the Kings Beheading; as the Earl of Pembroke, and Lord Edward Howard, uncapable of being Knights or Burgesses by the Com∣mon Law, because Peers of the Realm, as was adjudged in the Lord Cannoyes case, Claus. Dors. 7 Rich. 2. M. 32. and asserted by Mr. Seldens Titles of Honour, Part. 2. chap. 5. pag. 735. Seconded by Cooks 4. Instit. pag. 1, 4, 5, 46, 47, 49.) As he should admit those to be lawful Members, so he should assent to ex post facto, some particulars against his Knowledge, and against the Oathes of Allegiance, Supremacy, Protestation, Solemn League and Co∣venant, taken in the presence of God, with a sincere heart, and real intention to perform the same; and persevere therein all the dayes of his life, without suffering himself directly, or in∣directly, by whatsoever Combination, Perswasion or Terrour to be withdrawn therefrom. As for example, he should thereby acknowledge contrary to his knowledge, and the said Oathes and Covenant.

1. That there may be, and now is, a lawful Parliament of England, actually in being, and legally continuing after the Kings Death, consisting only of a few late Members of the Com∣mons House, without either King, Lords, or most of their fel∣low Members.

2. That this Parliament sitting under a force, (and so unduly Constituted, and packed by power of an Army combining with them) hath just and lawful Authority.

1. To violate the Priviledges, Rights, Freedomes, Customes, and alter the Constitution of our Parliaments themselves.

2. To Imprison, Seclude, and Expel most of their fellow

Members (the far major part of the House) for Voting and ac∣cording to their Consciences (in favour of Peace, and settle∣ment of the Commonwealth.)

3. To Repeal all Votes, Ordinances, and Acts of Parliament they please.

4. To Erect new Arbitrary Courts of War and Justice.

5. To Arrain, Condemn, and Execute the King himself, with the Peers and Commons of this Realm, by a new kinde of Mar∣tial Law, contrary to Magna Charta, The Petition of Right, 3. Car. and the known Laws of the Land.

6. To Dis-inherit the Kings Posterity of the Crown.

7. To extirpate Monarchy, and the whole House of Peers.

8. To Change and Subvert the Ancient Government, Seals, Laws, Writs, Legal proceedings, Courts, and Coyn of the Kingdome.

9. To Sell and Dispose of all the Lands, Revenues, Jewels, Goods of the Crown, with the Lands of Deans and Chapters, (for thir own advantage, not the easing of the people from Taxes.)

10. To absolve themselves (by a Papal kinde of power) and all the Subjects of England and Ireland, from all the Oaths and Engage∣ments they have made to the Kings Majesty, His Heirs and Suc∣cessours; yea, from the very Oath of Allegiance, notwithstand∣ing this express Clause in it (fit to be laid to heart by all con∣scientious Christians) I do beleeve, and in conscience am resolved, That neither the Pope, nor any person whatsoever, hath power to ab∣solve 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 Dispensations to the contrary.

11. To dispence with our Protestation and Covenant so Zea∣lously enjoyned by both Houses on all sorts of people.

12. To dispose of the Forts, Ships, Forces, Offices, and places of Honour, Power, Trust, or Profit, to whom they please (to their own party.)

13. To Displace and Remove whom they please from their Of∣fices, Trusts, Pensions, Callings and Franchises at their plea∣sures, without any Legal cause, or Trial.

14. To make what New Acts, Laws, and Reverse what Old

ones they think meet, to insnare and inthral our Consciences, E∣states, Liberties and Lives.

15. To create new monstrous Treasons never heard of before, and to declare Real Treasons against the King, Kingdome and Par∣liament to be no Treasons; and Loyalty, Allegiance, due obedience to our known Laws, and a conscientious observing our Oaths of Allegiance and Supremacy, and the Covenant, to be no less than High Treason; for which they may take away our Lives, and confiscate our Estates to their new Exchequer. Thereby at once repealing Magna Charta, c. 29. 5 Edw. 3. c. 6. 25 Edw. 3. c. 4. 28 Edw. 3. c. 3. 37 Edw. 3. c. 18. 42 Edw. 3. c. 3. 25 Edw. 3 c. 2. 11 Rich. 2. c. 4. 1 Hen. 4. c. 10. 2 Hen. 4. Rot. Parl. 11. n. 60. 1 Edw. 6. c. 12. 1 M. c. 1. The Petition of Right, 3 Car. So much commended this Parliament, and laying all our Laws, Liberties, Estates and Lives waste, after they have drawn so much Blood and Treasure from us, in defence of them.

16. To raise and keep up what forces by Land and Sea they please, and impose what Taxes they please, and renew, increase, and perpetuate them to support their more than Regal or Par∣liamentary power.

17. To pack and shuffle themselves into a Councel of Lords,* 29.38 States General (without any provincial States) forty Hogens Mogens, with Supream, Regal, and Arbitrary power, in absence of Par∣liaments which are Abolished by these Usurpations as well as Monarchy.

4. The principal ends proposed in the pretended Act for im∣posing this 90000 l. a months Tax, oblige all men not to pay it, viz. The keeping up this Army under the Lord Fairfax.

1. Because this Army, by rebelling against their Masters, the Par∣liament, and waging War upon them; and by conspiring with their own party of the sitting Commons have occasioned all the Mischiefs last mentioned, to the ruine of King, Parliament, and Kingdome, Religion, Laws, Liberty, and Property; and daily threaten an utter dissolution, both in their Deeds, and Words. Both Officers and Souldiers Boasting, That the whole Kingdome, and all we have is theirs by Conquest; That we are but their conquered Slaves and Vassals, and they Lords of the Kingdome, That our Lives are at their Mercy and Courtesie; That when they

have gotten all we have from us by Taxes and Free-quarter, they will seize our Lands, and turn Ʋs, and our Families out of Doors, That there is no Law in England but the Sword (as Hugh Peters the Rebels Apostle saith) The present power must be obeyed (saith parasitical John Goodwin) that is the power of the Sword still.

* 29.392. No Tax ought to be imposed but upon necessity, for good of the people, 25 Edw. 1. chap. 6. Cooks 2. Instit. pag. 528. But the keeping up this Army is the Bane of the people.

1. Because they are already exhausted with war, Plunder, Taxes, Free-quarter, &c.

2. Because the Souldiers have decayed Trade, and brought a Dearth upon the Land.

3. This Tax of 90000 l. a month destroyed Trade, by Fore∣stalling and Engrossing most of the Money now left in the Kingdome.

4. There is no Enemy in the Kingdome visible, nor no fear of any, if we will beleeve our Grandees.

5. When the King had two Armies in the Field, and many Garrisons, this whole Army consisted but of 22000. Men, and had an Established pay but of 45000 l. a month. See Ordinances 15. Feb. 1644. and 6. April 1646. Exact Collect. pag. 599, 876. But when the Army (by confederacy with their party in the House) took the boldness to increase their number without Order, 60000 l. a month, was thought abundantly sufficient to pay the Army, and take off Free-quarter: And why this Tax should now be raised to 90000 l. a month, when sundry Regiments of it are Assigned for Ireland, and yet Free-quarter continued, is a mystery of Iniquity which fills the Saints pockets with Mony, and all the World with Wonder.

6. The Counties Militia (so much contended for with the King) would better defend the Kingdome from Forreign Inva∣sions than a Mercinary Army. Therefore there is neither neces∣sity, nor publick utility in keeping up this Army, or raising 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) Master Pryn, whose

whole Book at large I commend to all mens serious perusal.

The Marquess of Ormond's happy atchievments in Ireland be∣ginning to look formidably,* 29.40 had cooled the heat of K. Oliver's courage (though not of his Liver) insomuch that he and his in∣timate friends began to project how (without loss of reputation) to take him off from so desperate an Engagement, as (at that time) that seemed to be: unnecessary delays were used in Ship∣ping his Men. Haslerig and his Party reported great terrours from Scotland. Oliver and his Blood-hounds of the Faction made a shift to smell out a silly Plot in Dorsetshire for surprisal of Weymouth and Portland for the KING: now laughed at, and exploded by their own News-books. And the tender-conscien∣ced Brethren were prompted to apprehend their own dangers, and put into a Petitioning posture, That such a Worthy of Israel, such a chosen Instrument of Gods mercy, might not in a time of dan∣ger leave the Land of his Nativity, the Habitation of the Saints, to seek forraign adventures in a Heathen Land: Whilst these prepa∣rations were making to withdraw Olivers stake, he appeared not openly in them, but making more shew of the Lions skin than the Foxes, had written to Col. Jones how heartless his Souldiers were, and that unless Jones did by some successeful Sally lessen their terrour, he should not be able to get them on Ship-board. This was (like the Monkey) to rake Chessenuts out of the fire with the Cats foot; to take a presage of his own successe at Col. Jones hazard. Jones makes an attempt with better luck than he expected, though not with half so good successe as was repor∣ted. Saturday, 12. August, when the news first came to Town, (the Lion is not so terrible as he is painted) it is a peculiar pri∣viledge of the Saints to lie (without sin, or at least, without im∣putation of sin) for the good Cause, either in Re, or in modo Rei; in the matter, or manner; in the thing, or the extent thereof: yet this success was enough to invite Cromwel over to pursue the Victory, and partake of the spoils, if not to usurp the whole Ho∣nour of the Atchievment to himself, by his accustomed special prerogative. So upon the 16, or 17. of August, K. Nol set sail to∣wards his new Principality, carrying (contrary to the custome of the Sea) his Lanthorn in his Proawe, not in his Poop; where we will leave him for the present to his adventures.

* 29.41I have formerly hinted to you the Agreement made between Colonel Monck in behalf of the Parliament of England; and Owen Roe O Neale, the massacring Irish Rebel: I have now occa∣sion to speak more at large of it, and examine the truth of a Paper, called, [The true state of the Transactions of Col. George Monck with Owen Roe Oneale, as it was reported to the Parlia∣ment by the Councel of State, &c.] Printed by Edward Husbands, 15. August, 1649. The said agreement made between the Anti∣monarchical Independent Party in Ireland, and the massacring Antimonarchical Popish party under Owen Roe O Neale (being a meer conspiracy to root out Monarchy and Protestancy: first, in Ireland, and then in England: and a second crucifying of Christ in his members between two Thieves, the Schismatick and the Papist) was so generally abhorred by the English Souldiery, that many there took occasion to forsake the English Parliament; and many here disbanded rather than they would accompany Cromwel in so wicked an expedition. Wherefore Cromwel writ Letters to his Creatures of the Councel of State by Monck him∣self, complaining how much the miscarriage of that Agreement had retarded his said Voyage; desiring them (for satisfaction of the Souldiery and People) to Treat with Monck to take the whole businesse upon himself, and to clear the Councel of State, the Parliament, and Cromwel himself, from having any hand at all in it, which upon Terms of safety and advantage (he said) he already found him inclinable to do. The better to carry on the scene, this Agreement was with much heat of zeal complained of in the Apocryphal House of Commons by a Brother who had his cue before-hand, and by the Juncto was referred to the Coun∣cel of State as was forelaid, where their High and Mightinesses (after some private conference with Monck to accommodate the business) voted their dislike of it:* 29.42 Bradshaw reprehending Monck in jest therefore. And at last they Ordered, That the whole business, with Moncks Reasons for his justification, should be reported by Tho∣mas Scot to the House of Commons; which was accordingly done Upon Friday, 10. August, Monck was called in to the Bar, where (amongst other things) the Speaker asked him, What Per∣sons he meant in his Letter to the L. Lievtenant of Ireland; wherein he saith, He made the Agreement with O Neale with the advice of

some others? Monk answered, that he did it upon his own score, without advice of any other person; onely having discourse with Co∣lonel Jones: Jones told him, if he could keep Owen Roe and Or∣mond from joyning, it would be a good service. This Answer (such as it is) was taken for satisfactory in so Comick an Interlude. The next demand was, Whether he had any Advice or Directions from the Parliament, Councel of State, Lord Lievtenant of Ireland, or any other Person here to do the same? which he did expresly de∣ny, saying, he did it upon his own score. Hereupon the House voted as followeth:

Resolved, &c. That the House doth utterly disapprove of the pro∣ceedings of Col. Monck in the Treaty and Cessation (as they please to call it) made between him and Owen Roe O Neal, and that this House doth detest the thoughts of any closing with any Party of Popish Rebels there, who have had their hands in shedding English blood. Ne∣vertheless the House being satisfied that what the said Col. Monk did therein, was, in his apprehension necessary for the preservation of the Parliament of Englands Interest: That the House is content the farther consideration thereof, as to him, be laid aside, and shall not at any time hereafter be called in question. So exit Monck, and the Play was done: wherein take notice of these following Obser∣vations.

1. The Armies Doctrine,* 29.43 and use of apprehended necessity and good intentions to justifie evil actions; approved of by this example of the Parliament (as they will be called.

2. This Agreement (though it were at least twelve Weeks a∣go publickly known in England, and divulged in their own Li∣censed News-books) was never scrupled until now: That 1. the said Agreement was expired. 2. That O Neale was so beaten by the Lord Inchiquine, that he is (as their own News-books say) inconsiderable, and must suddenly joyn with the Marquesse of Ormond, or be destroyed.

3. That these Votes call this* 29.44 Agreement but a Treaty and Ces∣sati••n of Arms: which (I affirm) to be a League Defensive and Offensive against Ormond, Inchiquine, and all that do and shall

uphold Monarchy (if not Protestancy too) for these Reasons: 1. Article second saith, That upon all occasions both Parties be ready with their Forces to assist one another until a more absolute Agree∣ment be made and condiscended unto by the Parliament of England. This is beyond a Cessation. 2. Article third, saith, That the Creaghts of Ulster residing within the Quarters of Col. Monck, shall pay Contribution to General Owen Oneale. This is a Concession of a great latitude, far beyond the authority of any subordinate Commander or General, and against the Lawes and Liberties of the Land to grant Taxes. It should seem by this, that Oneale and his Army were become Mercenaries, taken into pay by Monck. 3. Article fourth, saith, That if General Owen Oneale shall happen to fight against the Forces under the Command of the Marquesse of Ormond, the Lord Inchiquine, or any other Enemies of the Parliament of England, and thereby sp••nd his Ammunition, if he be near unto my Quarters, and be distressed for want of Ammu∣nition, I shall then furnish him. This was actually performed when my Lord Inchequine Besieged Dundalke. I make the same inter∣pretation of this Article that I have made of the third. 4. The fifth Article alloweth to Oneale the use of any Harbours within Col. Moncks liberty; which likewise is too much fot a bare Ces∣sation or Truce.

4. Who can believe that any subordinate Officer commissio∣nated to prosecute a War against Owen Roe and the rest in Arms in that Kingdom, should dare to Treat and conclude an Agree∣ment and conjunction with that very Enemy he had Commissi∣on to fight against without the knowledge and directions (pub∣lique or private) of those from or under whom he hath his Au∣thority; and should be so bold when he had done to come over and justifie his said doings, notwithstanding they proved unpros∣perous? Col. Monck being so much a Souldier as to know, That (all the world over) to exceed the bounds of his Commission (much more to act against his Commission, as in this case) is assured death without mercy, both by the Law Martial (without which Mi∣litary Discipline will perish) and by the Lawes of hur Land.

* 29.455. Wherefore was Sir John Winter and Sir Kenelm Digby sent for over (as was foretold by an intercepted Letter, where∣of

of I have formerly spoken) and O Realy the Popes Irish Agent, and another Agent from Owen Roe O Neal privately entertained in England (as I have formerly hinted) but to drive on Treaties and Associations of this nature? insomuch that long since it was whispered amongst Cromwels party in England to uphold their spirits) That upon his shewing himself in Arms in Ireland, Ormonds Catholick Irish party would all forsake him and go over to O Neal, who maintained the Popes Interest in that Kingdome.* 29.46

The aforesaid paper prinred by Authority, and stiled The true State of the Transactions, &c. besides the said Articles of Cessation, setteth down other Articles, called,

The Propositions of General Owen O Neale, the Lords, Gentry, and Commons of the confederate Catholicks of ƲLSTER: To the most High and most Honourable, The PARLIAMENT of ENGLAND.

1. INprimis, That such as are already joyned, or shall within the space of three Months joyn with General Owen O Neale,* 30.1 in the service of the Parliament of England, in this Kingdome, as well Clergy, as others, may have all Laws and Penalties against their Religion, and its Professors, taken off by Act of Parliament, and that Act to extend to the said parties, their Heirs and Successors for ever, while they Loyally serve the Parliament of England.

2. The said General O Neale desireth an Act of Obli∣vion to be passed, to extend to all and every of his party, for all things done since the beginning of the Year, 1641.

3. They desire that General Owen O Neal be provided with a competent Command in the Army befitting his worth and quality.

4. They desire that they may enjoy all the Lands that were, or ought to be in their, or their Ancestors possession.

5. That all incapacity, inability, and distrust hither∣to by Act of State, or otherwise, against the said party, be taken off.

6. That on both sides all jealousies, hate, and aversion be laid aside, Ʋnity, Love, and Amity be renewed and practised between both parties.

7. That General Owen O Neale may be restored and put in possession of his Ancestors Estates, or some Estates equivalent to it in the Counties of Tyrone, Ardmarch, or Londondery, in regard of his merit, and the good ser∣vice that he shall perform in the Parliament of Englands Service, in the preservation of their Interest in this Kingdome.

8. That the Army belonging to General Owen O Neale, and his party be provided for, in all points as the rest of the Army shall be.

9. That the said party be provided with, and possessed of a convenient Sea-port in the Province of Ulster.

I do upon receiving a confirmation of these Propo∣sitions, forthwith undertake and promise in behalf of my self, and the whole party under my Command, faithfully and firmly adhere to the State of the Parlia∣ment of England in this Kingdome, and maintain their Interest hereafter, with the hazard of our lives and fortunes:

In witness whereof, I have hereunto put my Hand and Seal this 8. day of May, An. Dom. 1649.

Signed, Owen O Neale.

Thus far the said paper, stiled [The true State, &c.] goes on with the Relation of the said Treaty and Agreement, but con∣ceals what farther Transactions passed between Monke and O Neal upon the last recited Propositions: Wherefore I shall be bold to continue the Story of a paper,* 30.2 entituled [The Propositions of Owen Roe O Neal sent to Col. Monke, and a Ces∣sation

for three Months concluded between them. Together with a Letter thereupon sent by a Gentleman at Dundalk, to his Friend at Cork. Printed at Cork, 1649.] The last recited Propositions were sent to Monke 25. day of April, 1649. who perused them, and made some considerable Alterations in them, as appears by Monks Letter of Answer thereupon to Owen O Neale, dated from Dundalke, 26. April 1649. as I finde it in the said paper printed at Cork in these words:

SIR,

I Have received yours of the 25. April, and I have seen your Order given to Captain Hugh Mac Patricke Mac Mahon to Treat and conclude a peace with me in the be∣half of your self, and the Forces under your Command. I have perused your Propositions, and conceiving there are some particulars in them which at first view the Par∣liament of England may scruple to grant, I have made a small alteration in some of them, being well assured, by it, you will not receive the least disadvantage, but it will rather prove a means to beget an increase of their good opinion towards you and your party; which I believe your reality, fidelity, and action in their Service will sufficiently merit, and in case you approve of them, as I have revised and altered them, I desire you to send them to me Signed and Sealed by you, that I may present them to the Parliament of England, to obtain their favourable Answer in return of them: And in the mean time I de∣sire that according to this inclosed paper, three Months Cessation between us to be condescended unto, and in∣violably kept between our Forces during the same time.

Dundalk, 26. April, 1649.

George Monke.

* 31.11. Col. Monke in his said Letter to O Neale, 26. April, an∣swereth him: 1. That he had perused his Propositions, and conceiving there are some particulars which at first view the Parliament of England may scruple to grant, &c. A gentle phrase to nourish hopes in O Neale even of obtaining all his Demands (if need be) upon debate and deliberation, though not at first view. That he hath made a small alteration in some of them (I confess very small) being well assured he should not receive the least disadvantage by it, &c. From whom had Monke this Assurance, unless from those Men by whose Authority and Directions (private or pub∣lick) he presumed to Treat with that Enemy he was Commis∣sioned to fight with, and whose Names he doth conceal? That it (yeilding to M••nks amendments) would rather prove a means to beget an increase of their (the Parliaments) good opinion of Owen Roe O Neale and his party, &c. It should seem then the Parlia∣ment had entertained a good opinion of O Neale and his party before hand; for every thing must have a being, before it can have an increase of being. In case you approve of them (the amend∣ed Articles) I desire you to send them to be signed and sealed by you, that I may present them to the Parliament of England to obtain their favourable Answer in return of them, &c. You see all Monke did was in reference to the Parliaments ratification; and there∣fore reason tells us the Parliament was originally privy to the Treaty: It is not likely Monke should Treat upon his own head, and abruptly send the result of the Treaty to be confirm∣ed by the Parliament without any warning foregoing to pre∣pare them.

* 31.2O Neale sent his Letter and Propositions to Monke, Dated 25. April, 1649. Monke answered his Letter, and corrected O Neales Proposition the day after, being the 26. April.

And the last mentioned Propositions of Gen. Owen O Neal, the Lords, Gentry, and Commons of the Confederate Catholiques of Ʋlster, &c. as well as the first mentioned Articles for three Months Cessation, &c. bear Date 8. May, 1649. which I conceive to be the Date given them when they were ratified by the Parliament, or Councel of State. See the said Paper [The true state of the Transactions, &c.] Then follows:

A second Copie of Owen Roe Oneales Propositions as they were corrected by Col. Monck,* 32.1 and sont to Oneale to be subseribed: And then sent by Monck to the Parliament to be granted: as followeth verbatim.

1. INprimis. That such as shall joyn with General O-Neal in the Service of the Parliament of England in this Kingdome; may have Liberty of Conscience for themselves and their issue,

2. The said General O Neale desireth an Act of Obli∣vion be passed, to extend to all and every of his Party for all things done since the beginning of the Year, 1641.

3. They desire that General O Neale be provided for a competent Command in the Army befitting his worth, place, and qualitie.

4. They desire that they may enjoy all those Lands that were in their possession at the beginning of this War for themselves and Heirs during their fidelity to the Interest of England.

5. That all incapacity, inhability, & distrust hitherto by Act of State or otherwise, against the said Party, be taken off.

6. That on both sides all Jealousies, hate and aversion be laid aside; unity, love, and amity, renewed and pra∣ctised between both Parties.

7. That Gen. O Neale may be restored and put in pos∣session of his Ancestors Estate, or some other Estate equi∣valent to it, in regard of his merit, and the good Service that he shall perform in the Parliament of Englands Ser∣vice in the preservation of their Interest in this Kingdom.

8. That the Army belonging to the Gen. O Neale and his Party be provided for in all points as the rest of the Army shall be.

9. That the said Party be provided with, and possessed of a convenient Sea-port in the Province of Ulster.

* 32.2And I do, upon receiving a Confirmation of those Desires, undertake and promise in the behalf of my self and the whole Party under my Command, faith∣fully & firmly to adhere to the Parliament of Englands Service in this Kingdom, and to maintain their Interest hereafter with the hazard of our Lives and Estates a∣gainst all Opposers whatsoever.

Given under my Hand and Seal.

In the said Paper, printed at Corke, is also contained, [A Let∣ter from a Gentleman in Dundalke, dated May 20. 1649.] which take kere verbatim; that you may see what opinion Men there (upon the place) had of that business

at Corke in Munster.

To my worthy Friend,

SIR,

YOu may wonder, my Obligations being so great to∣wards you, that my returns of acknowledgment should be so seldom as they have been, but you must know there is no defect in my desires to be at your eares often; 'tis only the preservation of my Liberty and Safe∣ty in these parts that makes me forbear the frequencie of such intercourses. I am confident these Letters, this Messenger, and the inclosed papers which I here send you (containing a true Copie of the Propositions and Let∣ters of Agreement between Owen Roe O Neale, and Col. George Monck) will be able to give you some account of the passages in these parts, and will make you assured that I do not forget the respects I owe unto you.

I must confess to you that (as you ever conceived) I ne∣ver could imagine that the Parliament proceedings would have advanced to so high a degree of rage and wickedness as I see now they are come to, and are resolved to act by: but being amazed at the KING'S Murther, and seeing the Gangrene doth so cruelly spread, I will impart to you my

resolution, That I am resolved to get into your parts with the first conveniency, and adhere to you there, whose acti∣ons are more conducing to the preservation of our Religi∣on, Law, and common Interest, than any where else that I can find. But that this my so sudden resolution may not be conceived the fruit of some vain fear, miscarriage in my self, or light desires to abandon my former principles, I shall give you a right understanding of all the motions and passages of my soul, since I was acquainted with this late Treaty between Col. Monck, and Owen Roe O Neal, that thereby you may judge of the ground of these my De∣signs and distastes, and my resolutions taken thereupon.

And before I consider the particulars of the Treaty, the thing it self is so odious to me, that if they could have made the best bargain to be imagined for the English Safety, the manner of it would have appeared to me ve∣ry unsavoury.

For although it cannot be denied that almost the whole Irish Party (in regard of their Confederacies and Com∣binations) have not been innocent in all particulars of that vast Ocean of English Blood that hath been shed; yet it is most clear, that the Plotters and Contrivers of this Treason, and the unnatural and butcherly Executioners thereof are that Party principally which are now Headed by Owen O Neale; for, although many of the pale, with others of Conaught, Leinster, and Munster, entertained the Designe, when they saw it was so far spread, and the English so much weakned in their persons and possessions, yet it cannot be denied but this Kingdom had still many moderate-minded Men that loathed their Countrymens barbarity, and could never be drawn to adhere to their Party in their least consent.

Now for the Parliament Agents to gather up these Men

(and these 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 preserve to themselves the Triumphs of their Cruelty and Treache∣ry, and to lap them up in their affections with promises of reward, if they will persevere to act with them the ruine of the KING and Monarchy, the destruction of the rem∣nant of the English Protestants, and the ancient Irish who have now declared their Loyalty, and submitted to, and consociated with them, are things that I much loath, and can no way embrace.

Besides, if you consider the passages of the Treaty, you will easily be drawn (I suppose) to cast away your for∣mer entertained scruples, and not condemn me for being out of love with mine.

1. For first. The Title to Owen Roes Propos••tions ex∣cludes all other of his Nation but such as will joyn with him, though they be far more capable of peace & pardon than himself or his party.

2. He and his party, who in a late paper of theirs stiled the Parliament of England, Monstrosum Parliamentum, (the monstrous Parliament) when (as then) it had not be∣smeared it self with Royal, Sacred, and Noble Blood, as since it hath done: yet now where he sees them act like himself, he hath taught his tongue to quaver, and calls them, The most Honourable and Potent Parliament; when all Honour is persecuted by them, and no power exer∣cised by them but brutish violence, and extream tyrannie.

3. In the second Proposition: That an Act of Oblivion be passed to extend to all and every of Owen O Neales party for all things done since the Year, 1641. You shall find that Monck approves of it totally, without the least reserve of punishment to any the most bloody plotters and

Murtherers whatsoever that are in that Crew, which makes me more in love with my Lord of Ormonds peace than I was before.

4. It is propounded by Owen Roe, and approved by Monke, That he shall have a Sea-port to himself, to make use of, for the perfecting of his designs, when (as we hear) the least Traffick will not be allowed to you in Munster.

5. Although Col. Monk do a little pare his Propositions concerning the Repealing of Statutes against Roman Catholicks since Hen. 8. lest he should offend the people: And though he do not absolutely undertake to grant him his Ancestors Lands (which when he is once stiled O Neale, he will challenge to be the six escheated Counties) yet by Monkes Letter he is assured, that he shall not re∣ceive the least disadvantage thereby. All which directi∣ons, councels, and assurances (I am confident) Col. Monke would not have used towards him, if he had not had a Parliament foundation to warrant it.

Thus you see these Men who lately were utter Enemies, have confederated together to ruine Monarchy, and the Protestant Religion, meerly to raise themselves, and sup∣port their own Faction. They will not here allow the King to make use of his own Subjects to revenge His Fa∣thers blood, to Re-inthrone Himself, to re-establish Re∣ligion and the Laws, and the just Liberties, and yet they allow themselves a latitude of calling in any party, though the most bloody and inhumane, to assist them, in the carrying on their wicked Designs.

We have seen Col. Jones his Letters, censuring the Lord of Ormond for joyning the Irish to his party (though the best and least culpable of them) and yet the same Jones (whose head and hand is in this Treaty and Con∣clusion) thinks it allowable in himself to close with the

worst, and that upon his own termes. And though Col. Monkes hypocrisie (in correcting Owen O Neales 7. Article) will not allow that unity and amity shall be publickly proclaimed between them; yet he is willing it shall be practised, and they shall mutually assist one ano∣ther against all Opposers whatsoever, that is, the King, and all in Authority under Him.

The consideration of these things hath left such an im∣pression upon my soul, that I am resolved to make speed to you, no way desiring to live under their Commands, whose actions increase in horror, and beget new afflictions to all honest English hearts. So praying you to forbear further writing to me, because I mean speedily to see you, I rest,

Dundalk, May, 20. 1649.

Your assured Friend and Servant.

Upon which Propositions so corrected by Monke, and the close carriage of this business, I shall trouble my Reader with these following Observations.

1. Article. You see the Counterfeit, Alchymy Saints, are con∣tent to joyn covertly with Massacring Irish Parpists, to carry on their Antimonarchical Designs, and to make a false Religion and corrupt worship of God the wages and hyre of righteous∣ness.

2. Article. You see those Men that are so bloodily zealous to bring Protestant Delinquents (nay, the King himself, under the notion of the Grand Delinquent, the Man of Blood) to punish∣ment, and pretend themselves engaged by Oath so to do; can dispense with the Massacre of two hundred thousand English Pro∣testants barbarously and inhumanely slaughtered in Ireland 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 interest the price for which they sell the innocent blood of their Brethren, and defrauding the Irish Adventurers of

that Money which the Parliament perswaded them to lay forth to purchase Rebels Lands in Ireland, for which they have an Act of this Sessions of Parliament.

The like may be said of the 4. and 7. Articles, whereby Rebels attainted and convict are restored to their confiscated Lands, and the English Protestant planters that purchased them of the Crown, are expelled out of their Inheritance; what is this but a design to root out Protestancy, as well as Monarchy?

5. Article. Taketh off all Incapacity, Inability, and distrust from O Neal and his party at that very time when with much counterfeit zeal they pretend great severity against the English Papists; I think because they are not so very Rebels as the Schismaticks.

[unspec 3] According to their usual custome, to accuse other Men of their own Crimes, they charged King CHARLES the First, (upon light surmises) with complying with the bloody Irish Papists; and do themselves actually combine with them to root out Mo∣narchy and Protestancy, giving them a Toleration of their Re∣ligion, and the possession of the English Protestants Etates for their Hyre.

[unspec 4] And it now appears by Letters newly come to London, the 24. August (notwithstanding the said Votes of the Commons against all association with the Irish Murderers) That Sir Charles Coote, and O Neale, are associated;* 33.1 and that the Siege from Londonderry was raised by O Neales help, which plainly proves, that the Treaty and Conjunction was not only between Monke and O Neale, but between O Neale and the Parliament, or Coun∣cel of State; and that the said Propositions so altered by Monke are confirmed by the Parliament, or Councel of State;* 33.2 and do still serve for a foundation for O Neale to assist the Parliament upon, who have turned out O Neale at the Fore-door (to gull the People) and taken him in again at the Back-door.

Many of K. Olivers Officers and Souldiers, abhorring the said Association with O Neale, deserted him at Milford-haven (as I have related) and came to London, whither they were pursued at the heels by a Letter from his Mushrome Majesty, directed to his Vice-Royes at Westminster, willing his Parliament (that since (to encourage the Souldiers to undertake the Irish expedition onely)

their Accounts had been Audited, and Debentures granted for their Arrears) they should recall and null their said Debentures: In o∣bedience to which Command, a thing like an Act of Parliament is drawn up, and order taken that the Commissioners that at∣tend Cromwel into Ireland should certifie the Names of them all to the Parliament, that they may be punished in purse, for not prostituting their Consciences, and shedding more innocent blood, with an implicite faith and blinde obedience, to K. Olivers unquestionable commands, in maintenance of usurpation and lawless tyranny. The rest of the Army may see, by this prece∣dent, they may as well hope to recover a damned Soul out of Hell, as their Arrears out of this bottomless Gulph, the New State: (notwithstanding all their fair promises, Orders, wea∣ther-cock Acts, and Debentures, which are all written in waste-paper, and as changeable as Tickets and Securities for the Pub∣lick Faith.) It being their constant resolution and best policy to feed them (from time to time) with vain hopes, and a little spending-mony (for which they are never the better) now a bit of mony, and then a bob of Martial Law; and alwaies to promise, never to pay their Arrears, thereby to keep them together from Disbanding, and going to their own homes and callings; whilst the Councel of Officers (who only are accounted the rational part of the Army) receive duly the hire of unrighteousness, and whatsoever else they can shark from the private Souldiers (who are looked upon but as the Brutish part of the Army) in whom it is become a capital Crime to question whether their Superiors deal justly with them or no? as is proved to Lockyer. The Com∣mon Souldiers, as well as the Common People, paying for the Ryot of their Colonels, and superior Officers (who Lord it in their gilt Coaches, rich Apparel, costly Feastings (though some of them led Dray-horses, wore Leather-pelts, and were never able to name their own fathers or mothers) I, and for the Lands they purchase too; yet the Officers have one device more to keep the Souldiers together, which is, They make them believe they are so generally hated, they cannot with safety Disband and go home; whereas it is the Superiours onely that are looked upon with hatred as the Authors of Tyranny and Oppression: The Private Souldier being esteemed but their Instruments, and such

as (in their kind and way) are sufferers under the hand of op∣pression 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 shewes this objection is but a Scar-crow.

For the clear manifestation of the Association between O Neale and the Parliament,* 33.3 there are lately come to the Coun∣cel of State two Letters out of Connaught from Sir Charls Coote; one Dated the 14. the other the 15. of August, 1649. informing them with how much zeal to the Parliaments Interest Owen O Neale had freely raised the Siege of London-Derry. Upon which Letters, and the Votes and proceedings of Col. Pride's Parlia∣ment thereupon, I shall commend to my Readers observation these following particulars:

1. The 15. August, Letters inform, that O Neale freely offered his assistance to Coote, professing much affection to the Parliament of England, and an earnest desire to maintain their Interest, &c. (which is, his own Interest) you may remember that this bloody Rebel O Neale heretofore (when the Parliament was not half so corrupt as now) stiled it, Monstr••sum Parliamentum, the Par∣liament of Monsters: but now that he sees them act his way, and concur with him to destroy Monarchy and Protestancy, he stiles them, The Honourable Parliament, aids, and affects them.

2. The 14. August, Sir Charles Coote informes, that he hath found O Neale and his Army very punctual and faithful in all their Promises and Engagements, and he makes no doubt but they will con∣tinue so unto the end, &c. The reason is, becruse they aym all at one end and interest: Subversion of Monarchy and Protestan∣cy, and go one way to effect it, by a Conjunction of Forces and Councels.

3. The 16. August, that O Neale in his Express to Coote en∣closed some Letters he had received from Monck; and amongst the rest, a ••opie of a Letter from Monck in Answer to a Letter of the Lord Inchiquine, charging Monck with joyning with O Neale and his Party; wherein Monck insinuated, as if Oneale's submission to use the Parliaments Power, were already accepted by them, &c. Monck needed not insinuate it, but might have spoken it plain∣ly:

as he hath done to sundry of his Friends in England, who reprehended him for joyning with O Neale, to whom he An∣swered, That he had the Authority of his Superiors to warrant his doings therein: But this was before he went to Milford-haven to Cromwel, who then taught him the art of Cromwellizing to car∣ry on their design.

* 33.44. The 15. August, Coote's Letter (to justifie his doings) deli∣vers a piece of Doctrine to the Councel of State; the Use whereof they were very perfect in before, viz. Calling to minde that it is no new thing, for the most wise God, to make use of wicked Instruments to bring about a good Designe, for the advancement of his glory, &c. This Casuist in Buff had forgotten, That we must not doe evil that good may come thereof; and that both the just and the unjust, the righteous and the unrighteous man being all of Gods Creation and making, he hath the same prero∣gative over them all jure creationis, that a Potter hath over his pots, he may use them, and doe with them what seemeth best to his most holy will: and it is therefore good, holy, just, because he willeth it. His Divine pleasure being the rule and Standard of goodness, holiness, justice. Mistake me not; I doe not mean his bare providence, or permissive will, which no man can take notice of, and Traytors, Tyrants, Thieves, and Reprobate Saints execute, and boast of, to their own assured damnation. There∣fore Gods imploying wicked Instruments can be no president for our Alchimy Saints to do the like; unless Cromwels* 33.5 three Juntoes and Faction will usurp Gods prerogative, as they have done the Kings.

5. The 15. August, the Letter saith, that Coote called a Councel of War, and resolved, It was better to accept of the assistance of those who proclamed themselves Friends to us, and the Interest we fight for, &c. Here you see O Neales bloody Party and those Parliament Champions united, and friendly conspiring to uphold one Com∣mon Interest, which can be nothing but the downfal of Monar∣chy and Protestancy.

6. The 15. August the Letter further saith, that we (Coote and his Councel of War) added to the Article this wary Proviso, not to use their assistance longer than the approbation of the State of England should goe along with us therein, &c. It should seem by

this wariness, that for the time they had used their help (which was ever since the 22. of May last) the approbation of the said State (as they call it) hath gone along therewith. And for the time they mean to use their assistance hereafter, it is left inde∣finite; (no longer than the approbation of the State shall goe along with us therein) which may happily be until Dooms-day: notwithstanding the Order, Dated the 24. August, 1649. voting That their Vote of the 10. August, in the Case of Col. Monck, be communicated to Sir Ch. Coote, as the Resolution of the House, &c. For, who knows whether the Copies of that Vote may miscarry, or be stayed by the way either accidentally or purposely.

7. The 14. August, the Letter saith,* 33.6 O Neale was pleased to communicate to him certain Proposals, which (he saith) were long since transmitied into England to the Parliament, by Col. Monck, and though for his own part and the prime Officers with him, (these are privy to the secret carriage of the businesse, and therefore may well be satisfied with what is done already) they do not doubt but the Proposals are already yielded to by the State; yet in regard their Army and Party in all other parts of the Kingdome (these are ignorant of the juggle, and causes thereof) cannot be satisfied therewith, until the Parliament be pleased to declare themselves more publiquely therein (it should seem they have done it privately al∣ready for satisfaction of O Neale and his said prime Officers) he hath therefore desired me humbly to intraat your Lordships to declare your resolutions therein, with as much speed as may be. Here you see O Neale and his prime Officers (who know the juggle) satisfied already with a private confirmation of the Articles. But to sa∣tisfie the rest of his Army and Party (to whom this mystery is not yet revealed) a publick Declaration thereof is desired, that they may unanimously and cheerfully endeavour the preservation of the Parliaments Interest.

The Articles of Agrement between O Neale and Coote con∣clude clearly a League or War Offensive and Defensive against the Enemies of both, or either, until a more absolute Agreement be made and condescended unto by the Parliament of England. This more absolute Agreement is now agitation, and private Directions sent to Coote how to behave himself in the Trans∣action thereof. See the 1 Vote, die veneris, 24. Aug. 1649. See

the Relation of the Transactions between Sir Charles Coote and Owen Roe O Neale, printed by Order, 28. Aug. 1649.

The Votes upon these Letters and Articles were two: Upon part, in the first Vote I have observed something already in the 6. branch of this Section (viz.) that their Votes of the 10. Aug. in Case of Col. Monck be communicated to Coote; and a Direction for him how to behave himself in the Transaction between him and Owen Roe O Neale; this Transaction is called in the Articles (ut supra) a more absolute Agreement. These Letters, Articles, and Votes being Apologetically published for satisfaction of the Souldiery and People, it had been fit to have communicated the said Directions also to the Trustors and Soveraign Lords the People, that they might have seen fair play above board, and not to have sent clandestine Directions to Coote (in so suspitious a business) how to behave himself in the Transaction with O Neal; which implies the said Transaction shall be continued and may be compleated; the rather for that their second Vote saith, The House is well satisfied of the diligence, faithfulness, and integrity of Sir Charles Coote in preserving the Garris••n of London-Derry: now it was preserved by his said Conjunction with O Neale, who raised the Siege.

* 33.7About this time came forth a Book, called, [The Levellers vindicated: or, The Case of the 12. Troops which (by Treachery in a Treaty) were lately surprized at Burford: Subscribed by Six Of∣ficers in the name of many more.] Wherein (p. 2.) they say, That under colour of the Armies solemn Engagement at New-market and Triplo-heath, June 5. 1647. and many other their Declarations, Promises, and Protestations in pursuance thereof (which Engage∣ment they affirm (against their Preaching Coronet Denne) 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 dismissed) The whole Fabrick of this Commonwealth is fallen into the grossest and vilest Tyranny that ever Englishmen groan∣ed under, all their Laws, Rights, Lives, Liberties and properties wholly subdued to the boundless wills of some deceitful Persons, having de∣volved the whole Magistracy of England into their Martial Domi∣nation, &c.

Pag. 7. They say, That the Souldiers Paper-Debentures are good

for nothing but to sell to Parliament men for 3 s. or 4 s. in the pound. (which they are forced to sell them for to keep them from star∣ving, because they will not pay one penny Arrears to such as they put out of the Army any otherwaies) that so they may rob the Souldiers of their Seven years Service, and make them∣selves and their Adherents Purchasers of the Kings Lands, for little or nothing: and (for ought appears) the Money they buy these Debenters with, is the Money the Nation can have no Ac∣count of. That they have dealt as basely with other Souldiers who never resisted their Commands. 1. They turned them off with only two months pay. 2. They have taken away three parts of their Arrears for Free-quarter, without satisfaction to the Country. And at last force them to sell their Debentures at the aforesaid rates, that those Souldies that are continued in Arms shall fare no better, when they have served their turns with them.

Pag. 10. they say, Their Engagement against the King was not out of any Personal enmity, but simply against his Oppressions and Tyranny on the people; but the use and advantage on all the success God hath been pleased to give us, is perverted to that end, that by his removal the ruling Sword-men might intrude into his Throne, set up a Martial Monarchy, more cruel, arbitrary, and tyrannical, than England ever tasted of, and that under the notion of a Free-State, when as the people had no share at all in the constitution thereof, but by the treachery and falseness of the Lievtenant General Cromwel, and his Son in Law Ireton, with their Faction, was enforced & obtruded by meer Conquest on the people. And a little after, now rather than to be thus vassali∣zed, thus trampled and tr••d under foot by such as over our backs have stepped into the Chair of this hateful Kingship over us, in despight of the consent, choice, and allowance of the Free-people of this Land the true fountain and original of all just Power (as their Votes against Kingly Government confess) we will chuse subjection to the Prince, chusing rather ten thousand times to be his Slaves than theirs, &c.

Pag. 11. They Vote and Declare, The People the Supreme Power, the Original of all just Authority, pretend the promotion of the Agree∣ment of the People; stile this, The first year of Englands Freedome; entitle the Government, A Free State; and yet none more bloody, violent and perverse Enemies thereto; for, not under pains of death

and confiscation of Lands and Goods, may any man challenge or pro∣mote those Rights of the Nation, so lately pretended by themselves. Nothing but their boundless, lawless wills, their naked Swords, Ar∣mies, Arms is now Law in England, &c.

* 33.816. August, 1649. Col. Morrice (who kept Pontefract Castle for the King) was Endicted before Judge Thorpe and Pulleston at Yorke Assizes upon the Stat. 25. Edw. 3. for leavying War against the late King and Parliament. The Colonel challenged one Brook (Forerman of the Jury) for being his professed Enemy; but the Court (knowing Brook to be the principal Verb, the Key of their work) answered Morrice, He spake too late, Brooks was sworn already. Brook being asked the Question, whether hee were sworn or no: replied, he had not yet kissed the Book. The Court answered, It was no matter, that was but a Ceremony, alleadging he was recorded Sworn, there was no speaking a∣gainst a Record; Sure they made great haste to record him sworn before he could kiss the Book; so Brooke was kept in upon this cavil, by whose obstinacy, Morrice was condemned. I can∣not wonder that legal Forms and Ceremonies are laid by (al∣though justice cannot subsist without those Legalities to ascer∣tain her proceedings, which otherwaies would be left at large to the discretion of the Judge) when I see our known Laws, Magna Charta, the Petition of Right. 3 Carol. and the rest, with the fundamental Government of this Nation, pulled up by the roots to carry on their Designs of enslaving the people to their lusts, notwithstanding the Parliaments Declarations, Remon∣strances, Protestations, Covenants, and Oaths to the contrary; and their late Vote in the Act for Abolishing Kingly Govern∣ment. That in all things concerning the Lives, Liberties, Proper∣ties and Estates of the people, they would observe the known Laws of the Land. But to return to our Relation: Then Mor∣rice challenged 16. more of the Jury, where Pulleston was so pettish, that he bad Morrice keep his compass, or else he would give him such a blow as should strike off his head. Until Morice cited the Stat. 14 Hen. 7. fol. 19. whereby he might challenge 35. men without shewing cause: Here you see the Judges (which ought to be of Councel with the prisoner in matter of Law) endeavouring to out-face, and blind the prisoner with ignorance

of the Law, being a Martial-man. Then he desired a Copy of his Endictment, that he might know what to answer, saying, he might plead Speeial as well as General, which the Court denied him. Next because there was point of Law in it, he desired to have Councel, citing the Stat. 1 Hen. 7. fol. 23. which was likewise de∣nied him; yet (I am deceived, if Rolfe had not Councel allowed him, being endicted at Winchester for an endeavour to murder King CHARLES the First) and had many other favours de∣nied to Morrice. Then Col. Morrice for his discharge produ∣ced the PRINCES Commission as Generalissimo to the KING his Father. The Judges answered, The Prince was but a Sub∣ject as Morrice was, and if he were present must be tried as he was, and rejected the Gommission without reading: Morrice told them, the Prince had his Authority from the King, in whose name all Judges and Officers did then Act. The Court answered, the power was not in the King, but the Kingdome. Observe, they endicted him for Leavying War against the King and Par∣liament. The word [Parliament] was a surplusage; for which no Indictment could lye: no Allegiance, no Treason; and we owe Allegiance to the King alone; whosoever Leavieth War in England (in the intendment of the Law) is said to Leavy War against the King onely; although he aim not at his Per∣son, but at some other Person: And if he that Leavieth War against the King, his Crown, and Dignity, be a Traytor; how much more must they be Traytors that have actually murthered the King, and Dis-inherited and proscribed his lawful and un∣doubted Heir; and (as much as in them lies) have subverted the Monarchical Government of the Land, and consequently all Monarchical Laws; whereof the Stat. of Treasons for Lea∣vying War against the Kings Majesty is one; and therefore Morrice under a Free-State ought not to be condemned or tried upon any Monarchical Law. So Morrice was found guilty by a Jury for that purpose. And an illegal president begun to cut off whom the Faction pleaseth, under a pretence and form of Law, without help of a Councel of War, or a private Slaughter-house, or a Midnight-Coach guarded with Souldiers to Tyborne. These Usurpers have got the old tyrannical trick, To rule the People by the Laws, but first to over-rule the Laws by

their Lawyers; and therefore, Ʋt rei innocentes pereant, fiunt no∣centes judices; that true men may go to the Gallows, Thieves must sit on the bench; but, silent Leges inter arma; and now, silet Justitia inter Leges,* 33.9 filet Jus inter Judices: The mungrel, hypocritical, three-headed conquest we live under hath dispoy∣led Justice of her ballance, and left her in a Military posture, with a Sword to strike, but no scales to weigh withall: Our licenced News Books (like Ill-Boading-Birds) fore-told and fore-judged Morrice's death a month before: He dyed resolutely. Observe the thing aimed at in this new form of Endictment of High Treason, for leavying War against the King and Parlia∣ment, is, first that the word [King] may hold in the Endict∣ment, which otherwise would be found to have errour in it; and though the word [for Leavying War against the Parliament] be a vain surplusage, signifying nothing; yet at last (by help of their own Judges, and new-made presidents) to leavy War against the Parliament, shall stand alone, be the onely Signi∣ficator, and take up the whole room in the Endictment, and thrust the word [King] out of doors; and then Treason shall be as frequent as Malignancy is now. Morrice had moved, he might be Tried like a Souldier by a Councel of War, alleadging the in∣convenience of such a president if the Kings Party should reta∣liate it, which would not be granted; yet Col. Bethel writ to the General, and his Councel of War, desiring he might be re∣prieved: but Col. Pride opposed it, urging, That it would not stand with the justice of the Army (you see now who is the foun- of Justice) nor the safety of the Commonwealth, to let such Enemies live, the Parliament having adjudged him worthy of death, (with∣out hearing) and given instructions to the Judges accordingly. (O serviceable Judges!) so the General was overborn by this Dray-man. This fellow sitteth frequently at the Sessions house in the Old Bayly, where the weight of his Slings turneth the scale of Justice which way he pleaseth.* 33.10

Col. Pride's Dray-horses, the Commons in Parliament assem∣bled, not yet satisfied with Blood, because they are out of dan∣ger of bleeding themselves, have voted that Capt. Plunckett and the Marquess of Ormond's Brother (Prisoners in Ireland) shall be brought to Trial. If the Kings Party (in imitation of their

Cruelty) shall put to death the Prisoners they have taken, the Parliament will save their Arreares for their own privy purse: These two cases, are examples of the greatest danger, and the highest contempt of Souldiers that ever were set on foot in any Age or Nation.

29. August, 1649. came forth a Book, called,* 33.11 [An out-cry of the young Men and Apprentises of London: Or, An Inquisition af∣ter the lost fundamental Laws and Liberties of England.] truly and Pathetically setting forth the slavery, misery, and danger of the Common Souldiery and People of this Nation, and the causes thereof: well worth the reading.

About this time came forth an Act (forsooth) for the speedy raising and levying money upon the Excise: that is (as the Act telleth you) upon all and every Commodities, Merchandizes,* 33.12 Manufactures, as well imported or exported as made or growing, and put to sale or consumed, &c. That is, to lay impositions up∣on all we eat, drink, wear, or use, as well in private houses as vi∣ctualling houses, ware-houses, cellars, shops, &c. as well what the Souldier devours in Free-quarter upon us, as otherwise, un∣der unheard-of penalties, both pecuniary and personal to be paid, and levied with rigour. And to make every mans house lie open to be searched by every prowling Rascal as often as he or they please.

The Traytors, Tyrants, and Thieves,* 33.13 the Commons in Colo∣nel Prides Parliament assembled, are now again frighted into a consideration of Forraign Plantations: And passing Acts, That they shall all be subject to the new Babel, or State of England: for which purpose they are very busie to undermine, divide, and sub∣ject the old and first Planters, that (if need be) these reprobate Saints may come in upon their labours, and the better to accom∣modate themselvs there. In the Act for the sale of Kings, Queens, and Princes Personal Estate, they have given leave to their A∣gents the Commissioners to transport beyond sea (that is to say, to their own Plantations) (under pretence of sale) the rarest and choisest of the Kings Goods; they heap up abundance of wealth by Excise, Taxes, Goldsmiths-hall, Haberdashers-hall, Sequestrations, cozening the Souldiers, &c. That they may trans∣port the whole wealth of the Land with them, and leave Eng∣land

naked, disarmed and oppressed with famine, and disabled to pursue them for revenge, or recovery of their losses.

* 33.14The said Commons are never wearied with exercising their bounty amongst their own Faction out of the publique purse, about 1300 l. to Col. Fielder: to Scobell their Clerk (heretofore a poor under-Clerk in the Chanery, who writ for 2 d. a sheet) besides an employment he hath already in the sale of publique Lands worth 1000 l. a year) a Pension of 500 l. a year; and a Noble Fee for every Copy of an Order taken forth, toties quo∣ties; although most of their Orders contain not above three or four lines; an extortion far surmounting the Star-Chamber, or Councel-Table, of which themselves so much complained: the Diurnal tells you,* 33.15 an Act was read for satisfying the suff••rings of two Members, who have been in the late War damnified many thousands: these (I conceive) to be Sir Tho: Jervys and Mr. Ro∣bert Wallope; this satisfaction must be made out of the publique purse, which must be filled by Taxes again out of their private purses who have lost as well as they without satisfaction, or hopes of satisfaction, notwithstanding many Votes that all should be satisfied.

* 33.16O Cromwel hath reduced the Officers in Col. Jones his Regi∣ment, and other Dublin Regiments, notwithstanding their va∣lour and fidelitie shewn in raising the Siege of Dublin: you see he will trust none but his own immediate Creatures: this Fa∣ction casts out all other men, as Quicksilver spues out all other mettals (Gold excepted) so that by this, and many other ex∣amples, they may see that all their faithful services and blood∣shed are poured into the bottomlesse tub of oblivion; as their Arreares are cast into the bottomlesse bagg of the Publique Faith.

* 33.17Sunday 9 Sept. 1649. At the Church of Saint Peters Pauls∣wharfe, Master Williams reading Morning Service out of the Book of Common-prayer, and having prayed for the KING, as in that Liturgy (established by Act of Parliament) he is en∣joyned: Six Souldiers from St. Pauls Church (where they quar∣ter) came with Swords and Pistols cocked into the Church, com∣manding him to come down out of the Pulpit; which Williams immediately did, and went quietly with them into the Vestry:

when presently a party of Horse from St. Pauls rode into the said Church with Swords drawn and Pistols spanned, crying out, Knock the Rogues on the Head, shoot them, kill them; and pre∣sently shot at random at the crowd of unarmed Men, Women, and Children, shot an old Woman into the head, wounded grie∣vously above forty more, whereof many are likely to die, frighted Women with Child, and rifled and plundred away their cloaks, hats, and other spoils of the Aegyptians, and carried away the Minister to White-hall Prisoner. You see these Hereticks, Schis∣maticks, and Atheists, that cry so loud upon Liberty of Consci∣ence for their own Blasphemies, will allow no Liberty of Con∣science to Protestants, notwithstanding their Doctrine and Form of Service is ancient, allowed, and commanded by known Laws, and approved of by all the Reformed Churches of Christendom. This strongly argues a Design in the three Kingdoms to root out Protestancy, as well as Monarchy, carried on by a conjunction of Councels & Forces between that Triumvirate of Rebels, O Neal, O Cromwel, and (as many wise men think) Argyle: who would not otherwise keep the Scots from complying with the KING up∣on modest and moderate terms, such as shall leave him in the condition of a Governing King able to protect His People from injuries at home and abroad, without which he is but—magni nominis umbra, the shadow and May-game of a King. Observe, this provocation was put upon the City when an Artificial Mu∣tiny was raised at Oxford;* 33.18 and against the Great Horse-race ap∣pointed to be at Brackley, the 11. September, to draw both City and Country to joyn with the Mutineers: and then the Soldiers should have made their peace by themselves, and have left the rest to the mercy of the State, to raise more money upon them for O Cromwels expedition in Ireland, who hath writ for more Recruits of Men and Money,

Those bloody Saints that accompanied O Cromwel into Ire∣land (to make that Kingdome as miserable and slavish as they have made this) doe now poure forth the blood of their own bowels in great abundance:* 33.19 Gods vengeance having visited most of them with the bloody flux; whereof many die: But this is a secret that must not be known to the Ungodly, and there∣fore O Cromwel and his Councel of War at Dublin have made

an Order, Declaring, That if any Person residing within the Garri∣son of Dublin, whether Inhabitants or Souldiers, shall (upon pretence of writing to their Friends) signifie the Transactions of the Army (be∣tween O Neale, and O Cromwel, it may be) or their Engagements with the Enemy, so as to set forth their Success, or Loss, until first the General or Councel of War have signified (falsified the same to his Parliament of England, they shall incur the breach of the Article a∣gainst Spies, and be accordingly punished with Death, &c. Here you see O Cromwel, in the first Year; nay in the first Moneth of his reign, sets up a military tyranny in Ireland, to which all Peo∣ple, as well not Souldiers as Souldiers, must submit their lives and fortunes, and the writing of news to their Friends of Eng∣land (whereby their Lies and Forgeries may chance to be con∣tradicted) shall be construed to be a Breach of the Article against Spies: not because Reason a••d Truth, or the Customs of War calls it so, but because the Sword puts this construction upon it. Take notice Ireland that this is the first year of thy Bondage if they prevail. And take notice England that O Cromwel and his Councel and Party are resolved to Lie without controul if they prevail not; their Letters speak him to be 15000 strong before Tredah, which hath Articled to yield: That the next he will vouchsafe is Dundalke, and that Ormond flies from the face of this Josua; and Lying Prophets are sent over to gull the people into a belief. But the truth is, he is not able to draw together a∣bove 4000 or 5000 men, unless his Confederate O Neale joyn with him: And Ormond hath wit enough to know that sickness and famine in that wasted Country, are sufficient to deal with O Cromwel without his running the hazard of an engagement with such desperate forlorn wretches.

* 33.20Col. Bromfield, Hooker, Cox, and Baynes, Citizens, who the last year were committed upon suspition of High Treason (to which every offence against this new Babel-state is now wrested (not∣withstanding the Stat. 25 Edw. 3. for limitation of Treasons) as in an infectious season all diseases turn to the plague) and were then discharged for want of matter to make good the Charge: are now again imprisoned (in the first year of Eng∣lands Liberty) at the request of Birkhead (Sergeant at Armes to the Commons) until they pay such unreasonable Fees as he plea∣ses

to exact from them: This had been great Extortion and Ty∣ranny in the KINGS time, when this Nation enjoyed so much freedome as to call a Spade a Spade; an Extortioner, an Ex∣tortioner; and a Tyrant, a Tyrant. And reason good; for if such Fees be legally due, Birkhead hath Legal means to recover them; if not Legally due, it is Extortion in him to demand them in so violent a way; and Tyranny in his Masters the Commons to maintain him in it.

Sir Henry Mildmay lately coming to the Tower, and per∣ceiving the Countess of Carlisles window had some prospect to Col. Lilborns Grates (out of his parasitical diligence) told the Lievtenant of the Tower,* 33.21 That notwithstanding the distance was such as they could not communicate by speech, yet they might signifie their intentions by signs upon their fingers, to the prejudice of the tender, infant State; and accompanying this admonition with some grave and politick Nods, hasted away to the Councel of State, and (being both out of breath and sense) unloaded him∣self of his Observations there; and was seconded by Tho. Scot (the Demolisher of old Palaces, and Deflowrer of young Mayden∣heads, before they are ripe) who much aggravated the danger, and applauded the Observator. Sure Sir Henry hath not yet for∣got the bawdy Language of the hand and fingers; since he first, in Court began, to be Ambassadour of Love, Procuror, Pimp or Pandor to the Duke of Buckingham; and laboured to betray the honour of a fair Lady (his nearest Ally) to his Lust, had not she been as Vertuous as he is Vitious (if it be possible for any Woman to be so) and did actually betray others to him. I can tell you that very lately Sir Harry (pretending himself taken with the Wind-collick) got an opportunity to insinuate himself into a Citizens house in Cheapside, and tempted his Wife; but had a shameful repulse: but more of this I will not speak, lest his Wife beat him, and give an ill example to other Women, to the prejudice of our other New States-men,* 33.22 and their New ere∣cted Sodomes and Spintries at the Mulbury-garden at St. Jamses.

Master Gybs (Master of a Ship) having caused three fellows to be committed to New-gate upon Felony, for Robbing him: These Fellows sent to Col. Harvey, That if he would procure their Liberty, they would discover to him several Merchants who had

lately stoln Customes: Whereupon, Harvey sends for those Rogues out of New-gate hears their Accusation, approves it, prosecutes the Merchants upon the Information of those Vil∣lains, discharges them of their Imprisonment by his own power, and recommends them to Col. Deane to be imployed in the Na∣vy. And one Master Lovel a Silk-man in Saint Lawrence-lane, is committed to the Gate-house Prisoner, because he refuseth to swear how many Bayls of Silk he hath come over: If the first year of our Liberty make such presidents, what Monsters will the Sixth and Seventh year produce? All Princes begin with moderation: The Elders gave good Councel to Rehoboam, Serve the People one day, and they will serve thee for ever hereafter. Nero had a commendable Quinquennium; But our Novice Statists are Tyrants ab incunabilis; Oppressors with shels upon their heads, from the Nest, before they are fledge; what will they be hereafter?

* 33.23Sommerhil, a pleasant Seat, worth 1000 l. a year, belonging to the Earle of Saint Albans, is given by the Juncto to their Blood-hound Bradshaw, so he hath warned the Countess of Lei∣cester (who formerly had it in possession to raise a Debt of 3000 l. pretended due to her from the said Earle, which she hath already raised four-fold) to quit the possession against our Lady-day next.

The Protestation and Declaration.

[unspec 222] THe Premises considered, I do hereby in the name and behalf of my self, and of all the Free people of England, Declare and Protest, That the General, Councel of War, and Officers of the Army, by their said violent and treasonable force upon the far major, more honest and moderate part of the House of Commons (being above 250.) and leaving only fifty or sixty Schimaticks of their own en∣gaged Party sitting and voting under their Command, and almost all of them such as have and do make a prey of the Commonwealth, to enrich themselves and their Faction, have broken, discontinued and waged War against this Parliament, and have forfeited their

Commissions. And the remaining Faction in the House of Commons by abetting, ayding, and concurring with the said Councel of War, in the said rebellious Force, and by setting up new, illegal and arbi∣trary Courts of Judicature to Murther King CHARLES the First, our lawful King and Governour (who by his Writ (according to the Law) summoned and authorised this Parliament to meet, sit,* 34.1 and advise with him, and was the Fountain, Head, and conclusion, or su••matory end of the Parliament, and Supreme Governour over all Persons, and in all Causes of this Kingdome (and by Abolishing the House of Peers and the Kingly Office, and Dis-inheriting the Kings Children, and Ʋsurping to themselves the Supreme Authority and Legislative P••wer of this Nation, in order to make and establish themselves a Councel of State, Hogen Mogens, or Lords States Ge∣neral, and translate the said Supreme Power, and Authority into the said Councel of State, and then Dissolve this Parliament, and perpetute their said Tyranny and this Army, and Govern Arbi∣trarily by the Power of the Sword; and raise what illegal Taxes they please, and eat out, consume and destroy whosoever will not basely submit to their Domination.* 34.2 Have by the aforesaid wayes and means totally subverted this Common-wealth, and destroyed the fundamental Laws, Authority and Government thereof, Dissolved and Abolished this, and all future Parliaments, so that there is now no visible, law∣ful Authority left in England, but the Authority of King CHARLES the Second, who is actually KING of all his Dominions presently upon the Decease of the King his Father, before any Pro∣clamation made, or Coronation solemnized, notwithstanding that by his unjust Banishment (caused by the interposition of the said trayte∣rous, combined, Antimonarchical Faction) He be eclipsed for the present, and not suffered to perform any Acts of Government to his three Kingdomes, and restore Peace, Plenty, Justice, Mercy, Religion, Laws, and Liberties to them again, which no hand but his own can bestow; and therefore in vain do the people long for, and expect Figgs from Thistles, Grapes from Thorns: This Kingdome of the Brambles now set up, being onely able to Scrath and Tear, not to Protect and Govern them. I farther Declare and Protest, That this combined trayterous Faction, have forced an Interregnum and a Justitium upon us, an utter suspension of all Lawful Government, Magistracy, Laws and Judicatories; so that we have not de jure, any Laws in

force to be executed, any Magistrates or Judges Lawfully constituted to execute them; any Court of Justice wherein they can be judicially executed, any such Instrument of the Law as a lawful Great Seal, nor any Authority in England that can lawfully Condemn and Exe∣cute a Thief, Murderer, or other Offender, without being them∣selves called Murtherers by the Law, all legal proceedings being now coram non Judice; nor can this remaining Faction in the House of Commons shew any one President, Law, Reason, or Authority what∣soever for their aforesaid doings, but onely their own tyrannical Votes, and the Swords of their Army: Wherefore I do further Declare and Protest before God and the World, That all Free-born Subjects of the Kingdomes of England and Ireland, are bound by the Stat. of Recognition, 1 Jac. and by all our Laws and Statutes, By their Oaths of Allegiance, Obedience, and Supremacy, the Protestation and Na∣tional Covenant, by very many Declarations, Remonstrances, Petiti∣ons, and Votes of this Parliament, and all Souldiers are engaged also by their own Declarations, Remonstrances, and Proposals, to de∣fend, assert, and vindicate with their lives and fortunes, the Person, Authority and Title of our aforesaid lawful KING and Supreme Governour (the undoubted Heir of all His late Fathers Dominions) CHARLES the Second, by the Grace of God, King of Great Britain, France, and Ireland, &c. against all Opposites and pretended Au∣thorities whatsoever, unless they will be guilty of the fowlest sins of Treason, Rebellion, Perjury, and perfidiousness against their God, their King and Country; and of prostituting the Religion, Laws, and Liberties of the Land, their Wives, Children, and Estates to the lusts of an Armed Faction, usurping a far more Arbitrary and Tyrannical power over our Consciences, Persons, Liberties, and Estates, than ever was known in England before, or then is now used by the Russe, Turk, or Tartar, or any the most enslaving and lawless Tyrants un∣der Heaven.* 34.3

An Exhortatory Conclusion to the English Nation.

TO conclude the series of Affairs and Action on both Par∣ties (especially of late) rightly compared, it appeareth by the sequel, That King CHARLES the First, from the be∣ginning

took up defensive Armes to maintain Religion, Lawes, Liberties, and the antient fundamental being of Parliaments and this Kingdom: and that there alwayes was, and now especially is, a predominant Faction in Parliament (notwithstanding their frequent Declarations, Remonstrances, Petitions, Protestations, Covenant, and Votes to the contrary) conspiring with a Party (especially of Commissioned Officers of the Army) without the Houses to Change the fundamental Lawes and Government of the Church and Common-wealth, to usurp into a few hands the Supream Authority, to enslave the People with an Olygarchi∣cal, Military, and Arbitrary Government, to raise what illegal Taxes they please to establish their tyranny and enrich them∣selves and their Party, to oppresse, consume, and devour all men of a judgment contrary to their Interest; to Murder them by new-declared arbitrary Treasons, contrary to the Stat. 25 Edw. 3. for ascertaining Treasons; to Disfranchise them of their Birth-rights, and make them Adscriptios Glebae, Villains Regardant to their own Lands, which the Nobility, Gentry, and Yeomanry plough, sow. and reap, whilst Brewers, Dray-men, and Coblers eat, drink, and play upon the sweat of their labours; and are the Usufructuaries of their Estates. All which they have lately brought to pass; wherefore let all true Englishmen (as becomes good Christians, good Patriots, and gallant Men) claim their Birth-rights, and with own voice cry out.

1. We will not Change our Antient, setled and well approved Laws to which we are Sworn.

2. We will not Change our Antient and well-tempered Monarchy to which we are Sworn.

3. We will not Change our old Religion for New Lights and In∣ventions.

4. We will not subject our selves to an eighth part of one Estate or House of Parliament, sitting under a force, and having expelled two hundred and fifty of their Fellows (more Righteous than themselves) by force, and usurping to themselves the Supreme Authority.

5. We will not be subjected to a new Supreme Authority usurped by forty ambitious, covetous Tyrants, arrogating to themselves to be a Councel of State, and designed to supply the room of Parliaments, un∣der what name or Title soever they mask themselves.

6. We will not submit our selves to a Military Government, or Coun∣cel of Officers.

7. We must and will have A KING, and The KING whom the Lawes of God and this Land have Designed to us,* 34.4 we being by the Oaths of Allegiance, Obedience, and Supremacy sworn to ••ear Faith and true Allegiance to King CHARLES the First his lawful Heirs and Successors.

Hic telum infigam, moriarque in vulnere—

Postscript.

[unspec 1] REader, at the latter end of my First part of The Historie of Independency, I have presented to thy consideration, some General Conclusions arising out of the Premises; the same Conclusions do as na∣turally arise out of the Premises of this Second part of the History: and doe as aptly serve to illustrate this Second, as that First part; wherefore to that First part I send thee for opening thy understanding.

[unspec 2] When our old Lawes run again into their Antient Channel, and the Sword of Murder is sheathed, and the Sword of Justice drawn; the Author engageth to publish his Name and Apologie, and shew what he hath done and suffered for the Parliament and King∣dome.

THE END.

Notes

• * 1.1

  1 The Proeme.
• * 1.2

  2 An Introduc∣tory Repeti∣tion. See my 1 Part of the History of Indepen∣dency, sect. 7, 8, 9, 10, 11, 13 & 14.
• * 1.3

  Sect. 18, 119.
• * 1.4

  Book of Declarations of the Army, pag. 112.

  Represent. of the Army at S. Albons, June 23. 1647.

  B Decl. again, p 64.

  Sir Tho. Fairfaxs Letter to the Hou∣ses from Reading, July 6. 1647. B. Decl. again, p. 75.

  Proposals of the Army, Aug. 1. 1647. Putney Projects, p. 13, 14, 43. and my Animadversions upon the Ar∣mies Remonstrance, delivered to the Commons, Novemb. 20. 1648.

  The second part of Englands New Chains; and the Hunting the Foxes from New-Market and Triplo heath to White-hall by five small Beagles, p. 6, 7.

  See my Animadversions upon the Army Remonstrance, Nov. 20. 1648. and Putney Projects, p. 43. and Ma∣jor Huntingtons Relation in a Book called, A Plea for King and King∣dome, in Answer to the Army Re∣monst. presented Novemb. 20. 1648. pag. 14, 15, 16. and Second part of Englands New Chaines; and the said Hunting of the Foxes, &c, And the Reasons inducing Major Robert Huntington to lay down his Com∣mission.
• * 1.5

  2. part of En∣glands Chains discovered. 1. ••reaty in the Isle of Wight.
• * 1.6

  1. par. Hist. In••. sect. 62, 63, 64.
• * 1.7

  Ibidem, sect. 65, 66, 67, 68, 69, 70, 71. 72, 74. 75. And my said Ani∣madvers p. 10. And the 2 part of Eng∣lands new Ch.
• * 1.8

  2 part of Eng∣lands new Ch. discover∣ed, p. 4, 5.
• * 1.9

  2. Treaty in the Isle of Wight.
• * 1.10

  Decl. Jun. 14. 1647.
• * 1.11

  See my 1. part sect. 65, 66, 105, 106, 107, and the Con∣clusions there. Sect. 16, 17, 18.
• * 1.12

  3. Hamilton over∣throwne. See my 1. part. sect. 136.
• * 1.13

  Sect. 110, 111.
• * 1.14

  4. The insolency of the schisma∣ticall Members upon report of the Victory.
• * 1.15

  5. The wiser sort subtilly conti¦nue a mock-Treaty.
• * 1.16

  6. New Instru∣ctions to Ham∣mond in order to the Treaty, sect. 132.
• * 1.17

  7. The Earle of Warwicks Let∣ter to Derby-ho. complaining of his Sea-men.
• * 1.18

  8. A Committee to make effe∣ctuall the Sale of Bishops Lands; and cajole the City.
• * 1.19

  9. A Commission into the North to enquire what damma∣ges they have sustained by the Scotish Invasion.
• * 1.20

  10. Col••hester sur∣rend••ed, with the sequele thereof.
• * 1.21

  11. Instructions for the Com∣missioners to Treat with his Majesty.
• * 1.22

  12. A Debate what Gentl. should be allowed to attend his Ma∣jesty in the Treaty.
• * 1.23

  13. Master Pryns speech in the House; proving the Kings con∣••essions to be a ground for a setlement.
• * 1.24

  14. The Militia, and Negative Voice. sect. 62, 63, 64, 106. and the Conclusi∣ons. 15, 16, 17.
• * 1.25

  1. part sect. 40. 41, 42.
• * 1.26

  See the 1. part of this History, Prolegomena, 1.
• * 1.27

  15. The 1. Proposi∣tion for j••sti∣fying the Par∣liaments, and condemning His owne quarrell.
• * 1.28

  16. The Covenant endeavoured to be put up∣on the King.
• * 1.29

  17. Jones com∣plaines by Let∣ters that Ire∣land was like to be lost.
• * 1.30

  Sect. 65.66, 68, 69, 70, 71, 72, 73, 74, 75, 88, 89, 97, 98.
• * 1.31

  The Kings Su∣premacy; and from thence his indempni∣ty proved.
• * 1.32

  See the Oaths of Allegiance, Supremacy. Stat. of Recog∣nition. 1 Jac. Cokes. Institut. 5.1. Stamford's Pleas of the Crowne, l. 1 ch. 1, 2, Stat. 25. Edw. 3, 42. E. 3. Read Mr. Pryns Memento to the un∣parliamentary Iunto, his Speech in the House of Commons, 4. Dec. p. 72, 73, 74, 75, 76, 77. and my 1. part, sect. 106. The Conclusions; sect. 17. and my Animadversions. p. 18.
• * 1.33

  1 Pet. ••.13 H••••e the King is called Su∣p••e••e, not the People; and tho••gh said to be an ordi∣nance of man in some re∣spects, yet St. Paul, R••m. 13. saith, He is ordain'd of God: 2. Gover∣nours are di∣stinguished, the King is su∣preme, and Governors are sent by him, and his Com∣mission. Be∣sides, it ap∣pears, Gen. 3.16. and 4.7. God gave not to all men that freedom which is sup∣posed the foundation of supremacie, in the people; He made them not Ma∣sters of their own liberty, for even then he laid the foundations of obedience in Abel to Cain▪ Eve to Adam. If a people chuse a King, it is the act of every particular man, of whom the Commo∣nalty consists; and each individual, nor the whole Commona••ty can give him more pow∣er then himself hath. But no man hath power over his own life, neither arbitrarily, nor judicially; but on••y over his liberty, which he may so give away, as to make himselfe a subject, or a slave, this makes him so chosen a Ruler, or Protector of them, who have part∣ed with their liberty, and subjected to him; and then God, (who only hath power of life and death, invests the King with power to be the Minister of God, to exec••te venge∣ance, not bearing the Sword in vain, Rom. 13. See Dr. Hammonds Letter to the L. Fairfax, Jan. 5. 1648.
• * 1.34

  This is so explained by the Moderate (one of the ra∣ling Pen-men of the Faction who hath a large share in the 500. or 600. a year allowed to these Pamphletires, for divulging State-lies and slanders amongst the Peo∣ple) who from Novemb. 14. to Novemb. 21. 1648.) Number. 19.) defineth the People of England to be onely such as have not engaged for the King; and such as shall sign to the Agreement of the People, which is to be above Law; and all the rest are to be Disfranchised.
• * 1.35

  19. The Kings Concessions debated; and young S. Hen Vanes inso∣lency.
• * 1.36

  20. The Generall Garri••ons White-hall and the Mewes up∣on h••s owne head.
• * 1.37

  21. T••e House in∣form'd that the King was surprized by the Army, and ca••••ied Priso∣ner to Harst Castle.
• * 1.38

  22. The D••bate upon th•• King•• Answers resu∣med.
• * 1.39

  23. The Armies treasonable violence upon the House in s curing and secluding their Members.
• * 1.40

  See the 2. part of Englands Chaines disco∣vered; and the Hunting of the Foxes, &c.
• * 1.41

  24. Reasons, pro∣ving that the remaining fa∣ction or Iunto sitting under the force of the Army, were consenting to the securing & secluding their Members, sect. 134. 135.
• * 1.42

  25. The day after the House pur∣ged, in comes Dr. Cromwell and Henry Martin his Apothecary.
• * 1.43

  26 A declaration of the secured and secluded Members, a∣gainst the vio∣lence of the Army.
• * 2.1

  27. The tame Lords and in∣solent Com∣mons pass and print a Decla∣ration against the said Decla∣ration.
• * 3.1

  The present visible Go∣vernment is the Power of the Sword in the hands of Rebels. The funda∣mental Go∣vernment of this Kingdom is destroyed by the Facti∣on remaining in the House of Commons, by their Acts, For abolishing Kingly Govern∣ment, The House of Peers, their putting down Trials by Jury of 12. men, and setting up illegal High Courts of Justice, their usurping the Supream Authority, their m••k••ng Treason an Arbitrary crime, their erecting a Councel of State, o••, Hogens mogens, forty Tyrants in lieu of one King, their altering the stile of Writs and Legal Proceedings, &c. Sentence given before any person accused, or heard to speak for himself. Oh the brutish understanding of men whose sins and fears have intoxica∣ted their wits!
• * 3.2

  28. The Conven∣ticle of Com∣mons repeat ex tempore in a thin House un∣der a force; the Votes de∣liberately pas∣sed in a full and free House.
• * 3.3

  The House adjourned.
• * 3.4

  29. A Protest to be entred against the Votes, That the Kings Grants were a ground for a set∣tlement; a Touch-stone of I. Gourdons. See the Order, Dec. 5. 1648.
• * 3.5

  30. The Militia of the Counties new setled in Independent hands.
• * 3.6

  31. Sheriff Brown carried away out of the City Prisoner to S. James's.
• * 3.7

  32. Sir Will. Waller, &c. removed to S. James's.
• * 3.8

  33. They protest against the Generals Au∣thority.
• * 5.1

  34. Foure secured Members dis∣cha••ged.
• * 5.2

  35. The Agree∣ment of the People publi∣shed and An∣swered.
• * 5.3

  36. This Agree∣ment of the People was condemned by the House of Commons. 9. Nov. 1647.
• * 6.1

  37. The said A∣greement damned by the General and Councel of War, and a Souldier shot by sentence for promoting it.
• * 7.1

  38. The said A∣greement con∣demned by the House a second time. 23. Nov. 1647.
• * 7.2

  39. Yet this Agree¦ment since in∣serted into the Remonstrance of the Army, owned by the Generall and Councell of Warre; and Nov. 20. 1648. obtruded up∣on the House.
• * 7.3

  40. Why they purged the House.
• * 7.4

  41. Diverse Lords doe homage to the General, and wave their honours.
• * 7.5

  42. An Ordinance to curb the Ci∣ty in electing Officers.
• * 7.6

  Skippon moveth for an Additi∣on to the said Ordinance.
• * 7.7

  43. The Members subscribe John Gourdons Pro∣testation, sect. 29.
• * 7.8

  Sect. 23.
• * 7.9

  44. Sixteen impri∣soned Mem∣bers dischar∣ged without engagement.
• * 7.10

  45. A mock-Fast kept by the two Houses, and Hugh Pe∣ters Comick Sermon.
• * 7.11

  46. The Councell of War vote a Toleration of all Religions.
• * 7.12

  47. The Common Councel peti∣tion against Skippons addi∣tionall Ordi∣nance in vaine
• * 7.13

  48. Somersetshire encouraged by the House to associate all the wel-affe∣cted, i. e. all the Anarchists and Cheaters.
• * 7.14

  49. Mr. Pryns Let∣ter to the Ge∣neral, deman∣ding his li∣berty.
• * 8.1

  50. Mr. Pryns De∣claration se∣conding his said Letter.
• * 9.1

  51. The Councell of War forbid all state and ceremony to the King. From Dec. 25. to 1. January, Num. 283.
• * 9.2

  52. Cromwels Sp. in the Ho. when it was first propounded to try the King.
• * 9.3

  53. The Ordinance for electing Com: Councel men confi••∣med.
• * 9.4

  54. The Ordi∣nance for Trial of His Majesty passed the Commons.
• * 9.5

  Diurnall from 1. Ian. to the 8. of Ian. 1648. Numb. 286.
• * 9.6

  55. And sent up to the Lords,
• * 9.7

  56. And Debated.
• * 9.8

  57. The Zealots of the H. of Com: offended with the Lords for casting forth the Ordin: for Triall of the King.
• * 9.9

  58. Votes passed by them ther∣upon.
• * 9.10

  A question in Divinity voted in Parliament never agreed to by Divines. This we find de fact••, in the subversion of our Religion, Lawes, Liber∣ties and Pro∣perties, though not de Jure. You see that since both Houses ra∣vished the Su∣premacy from the King, and a petty faction from the Houses; our Lawes are first shrunk into arbitrary Ordinances of both Houses; and now into Orders of a remaining Faction of one House.
• * 10.1

  59. The Act for Triall of the King.
• * 10.2

  Quaere, Whe∣ther the Facti∣on do not translate these Crimes from themselves to the King, with many others.
• * 10.3

  These wise men of Gotham could not tell wh•• her Wit∣nesses upon o••th were ne∣cessary upon Trials of life and death. But (I confess) that upon the de∣fensive part, upon Indict∣ments; Witnes∣ses upo•• oath were not to be heard against the King, much more Accusers of the King.
• * 10.4

  The Generall is no Officer of justice. All well affected Persons tag and rag inv ted to assist in a Tumultuaty way to destroy the King, if need had been, that is, all Antimonarchists.
• * 10.5

  60. A new Great Seal to be made.
• * 10.6

  61. The Iews peti∣tion the Coun∣cell of War to have the Stat: of their banish∣ment repealed.
• * 11.1

  62. A Paper pub∣lished upon occasion of the Jews Petition.
• * 11.2

  63. Master Pryns second Letter to the Gene∣ral.
• * 12.1

  64. Another forg'd Let∣ter endea∣voured to be fastned upon Sheriff Brown.
• * 12.2

  65. Another more general forge∣ry to endanger whom the Fa∣ction please. It will be pro∣ved, that di∣vers Witnesses have bin pra∣ctised and tampered with against Mr. Brown, and others.
• * 12.3

  66. London-Mini∣sters threat∣ned. See the Ministers of Londons Letter to the Gene∣ral, called, [A serious Repre∣sentation.] Da∣ted Jan. 18. 1648.
• * 12.4

  67. The C. of War consi∣der how to shut up the Churches doors.
• * 12.5

  68. The Lords sent some Votes to the C••m∣mons for their concurrence.
• * 12.6

  69. Sergeant Dan∣dy proclaimeth the sitting of the new H: Court of Ju∣stice.
• * 12.7

  70. The Great Seal voted to be broken.
• * 12.8

  71. Mr. Pryns Me∣mento to the unparliamen∣tary Junto
• * 12.9

  Cok. 5. Inst 4. 1. Stamf. Pleas of the Crown, l. 1. c. 1, 2.
• * 12.10

  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. &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.
• * 12.11

  Exact Collect. p. 298, 695, 696, 657, 658, 991.
• * 12.12

  Collect. of all Orders, p. 8, 13, 41, 43, 44, 49, 51, 61, 64, 96, 99, 623, 696, 879. Appendix p. 15.
• * 12.13

  Also, 15. E. 3. n. 5. 17 E. 3. n. 2▪ 6. 18. E. 3 n 1. 2. 5. &c. 1. R. 2. n. 1. 2. R. 2. n. 1. 3. R. 2. n. 1. 4. R. 2. n. 1. 5. R. 2. Parl. 1. n. 1. Parl. 2. n. 1. 8. H. 4. n. 28.
• * 12.14

  72. The Armies party in the H: approve the matter of the Co: of Offi∣cers accusato∣ry Ans. against the secured Memb: with out hearing them. See Mr. Io: Geerees Ans. to that silly Sophister Io: Goodwin, called, Might overcoming right.
• * 12.15

  73. The sec. and secl. Memb. Defence against the scandalous An: of the C: of W:
• * 12.16

  Turn back to sect. 2. and see my Animad∣vers. upon the Army, 20 Nov. 1648. p. 4, 5, 6, 7.
• * 12.17

  The Parlia∣ment thought it not reason∣able the King should be sole Judge of pub∣like necessity in case of ship∣mony. Return to sect. 18. where I set down six of their Prin∣ciples.
• * 12.18

  The Com∣mons have their Authori∣ty from the Writ of Ele∣ction, though their election from the peo∣ple: See the Writ Cromton's Jurisdict: of Court, Tit: Parliamen.
• * 12.19

  In all new Ele∣ctions there were 2. Inde∣pendents cho∣sen for one of any other prin∣ciples, Inde∣pendents were then Commis∣sioners for the Great Seal, and delivered Writs to men of their own Party, who had the advantage to keep them, and chuse their own time to deliver them and Souldiers (under colour of keeping the peace) became great Sticklers in Elections.
• * 12.20

  The Army be∣trayed Ireland by their diso∣bedience. They would neither go for Ireland them∣selves, nor suf∣fer others to go, 1 part. sect. 16. & 55.57.
• * 12.21

  This Lo: went late, caried over 160000 l. for which he hath not yet accounted, be∣gan a quarrell with Inchiqueen and put him into discon∣tent, and then returned. See the Irish Let∣ters and Pa∣pers to the the House in print.
• * 12.22

  See my 1. part. sect. 16. 17. 18. and my said Animadversi∣ons, pag. 2. nei∣ther were they legally impea∣ched. See Ar∣dua regni, or twelve ardu∣ous doubts written in de∣fence of the expulsed Memb: and the sa d Members Ans. to the Ar∣mies Charge.
• * 12.23

  There was a close Inquisi∣tion of Godly Cut-throats purposely cho∣sen to examine this Tumult; which pro∣ceeded illegal∣ly, and used so much foul play as to accuse men upon cha∣racters of their clothes, & per∣sons; yet ma∣lice it self could find no∣thing. See my 1. part. sect. 45, 46. to sect. 54. Return to sect. 2. & 5.
• * 12.24

  Return to sect. 2. & 5. there see the true grounds of these Tumults. See wh t u••e they make of provid nce in the 1. part of Eng∣lands new Chains.
• * 12.25

  See. Mr. Pryn's said Speech in the House, 2 Decemb. 1648. more at large.
• * 12.26

  Every cheating Saint of the Faction must have the Publike Faith exactly kept, though he bought the Lands but at 2 or 3. years just value, and with such monies as he had for∣merly cheated the State of; when other men who have lost the best part of their Estates by and for the Pa li••ment, for compensation whereof they have the publike Faith engaged by Ordinances, are consumed by Taxes, and repaied with reproaches onely.
• * 12.27

  Return to Sect. 71.
• * 12.28

  For this you must take the faith of the misty brained Penman, who had this (as well as many other gross Lies) by Revelation. The Army had had the King in h••ir power, and had the Parliament ad∣journed, the sole power of the Kingdom had been left in the Army; which is a thing aimed at by them:
• * 12.29

  74. A Declaration by Mr. Walker, and Mr. Pryn
• * 13.1

  75. The Coun: of Officers order 2. Petitions for the Commons House against Tythes. 2. against the Stat. for Bani∣shing the Jews.
• * 13.2

  57. Col: Tichburns Petition and complaint a∣gainst the Lord Mayor, and their Orders thereupon. The like Peti∣tions were in∣vited from most Coun∣ties, where a dozen Schis∣m••ticks and two or three Cloaks repre∣sented a whole Country.
• * 13.3

  See a just and solemn Protest: of the free Cit••zens of London, against the Ordinance, 17. Decemb. 1647. disabling such as had any hand in the City Engag∣ment to bear Office.
• * 13.4

  77, An Act passed for adjourn∣ment of part of Hillary Term, and the Lords concur∣rence rejected.
• * 13.5

  78. The Agreement of the People presented to the House of Commons by the Officers the Army. Diurnall, from Jan. 15. 10. 22. 1648. nu. 286.
• * 13.6

  79. 6. Queries con∣cerning the Kings Triall by the new High Court of Justice.
• * 13.7

  The Answer of the Generall Councel of Of∣ficers touch∣ing the seclu∣ded Members, Jan. 3. 1648.
• * 13.8

  80. The first days Trial of his Majesty.
• * 13.9

  Prove this power and trust: The whole King∣dom (in effect) deny it. So do all our Law-Books, and the practice of all Ages.
• * 14.1

  The Charge read.
• * 14.2

  Brutish.
• * 14.3

  Note.
• * 14.4

  Whether this were the first day, or afterwards, I know not.
• * 14.5

  81. The second daies Triall of his Ma∣jesty.
• * 14.6

  Without any Law, Presi∣dent, ratio∣nall debate, or Argu∣ments to prove it: Oh brutish Ty∣ranny.
• * 14.7

  False.
• * 14.8

  Oh Brutish Asinine King∣dome, to be Governed by an up-start Authority. without use of Reason.
• * 14.9

  Over-rule a Demurrer without Argument: If a man may not Demurre to the Jurisdiction of any Court, that Court may enlarge its bounds, and become a Corporation of Tyrants.
• * 14.10

  Reasons are not to be heard against a re∣maining facti∣on of the Com∣mons of Eng∣land.
• * 14.11

  82. The 3d. daies Trial of His Majesty.
• * 14.12

  You see the emnant ••f the House of Comm. had f••rejudged the King be∣fore they ••rected this new Court to sentence him; and claime a Jurisdiction, as well as a S••preme Au∣thority.
• * 14.13

  Whether these breaches and in¦terruptions were made by Brad∣shaw, or whether they are omissions and expunctions of some material, parts of the King's Speech which this licenced Pen man durst 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 suffered to take Notes.
• * 14.14

  83. The fourth and last dayes Triall of His Majesty.
• * 15.1

  84. The Sentence against His Majesty.
• * 15.2

  Here the Clerk read the aforesaid Charge.
• * 15.3

  85. Observations upon the try∣all of His Ma∣jesty.
• * 15.4

  2. Part of Eng∣lands liberty in Chains▪ sub fine And the Hun¦ting of the Foxes, &c.
• * 16.1

  86. His Majesties Reasons a∣gainst the Ju∣risdiction of the high Court of ••ustice; pub∣lished after His condem∣nation.
• * 16.2

  93. Hereabout I was stopt. and not suffer∣ed to speak any more con∣cerning Rea∣sons.
• * 16.3

  87. Alteration of the formes and styles of Writs and Legall pro∣ceedings.
• * 16.4

  88. A Proclam. to be brought in, prohibiting the Pr. of Wales, or any of the Kings Issue to be proclaimed King of Eng¦land.
• * 16.5

  89. The Bishop of London appoin∣ted by the Ho. to administer spiritual com∣fort to the cond••mned King; and the Kings usage by the Army. See Mr. Jo Geree's Book against Good∣win, called, (Might over∣coming right.) And Mr. Pryns Epistle to his Speech, 6. Dec. 1648.
• * 16.6

  90. A Paper-book of Demands tendered to be Subscribed by the King the Sunday before He died. See sect. 94.
• * 16.7

  91. The S••ile and Title of Cu∣stodes libertatis Angliae, voted to be used in legal proceed∣ings, in stead of the sty••e of the King. These Goalers of the Liber∣ties of Eng∣land are Indi∣viduum vagum, not yet na∣med. See a Continuation of this mad∣ness in an Act for better set∣ling proceed∣ings in Courts of Justice, ac∣cording to the present Go∣vernment. Da∣ted 17. Feb. 1648.
• * 16.8

  Another de∣vice to mor∣tifie the King.
• * 17.1

  Souldiers Re∣belling against their Master or Sovereign, though they prevail, cannot claim by Con∣quest, because their quarrel was perfidi∣ous, base, and sinful from the beginning.
• * 17.2

  See Sect. 90.
• * 17.3

  The House had the Impu∣dence to an∣swer the Dutch Ambassadours, that what they had done to the King, was according to the Law of the Land. They mean, that their Lusts are the Laws of the Land: for other Law they can shew none.
• * 17.4

  94. Proclamations published a∣gainst pro∣claiming the King.
• * 17.5

  Who shall judg•• when these Fellows will be thought free, and when not?
• * 17.6

  95. A Proclama∣tion privately printed and scattered, pro∣claiming CHARLS the second.
• * 18.1

  96. A V••te that such Members a•• had assented to the Vote. 5. Dec shall sit no more: others to enter their d s••e•••• and disappro all.
• * 18.2

  97. The Lords send a Message to the Com∣mons but the messenger not called in.
• * 18.3

  98. The house of Lords voted down.
• * 18.4

  99. A Protestation of the Peers.
• * 19.1

  100. The Kingly Office voted down, after almo••t 1000 years, it is now discovered by these new Lights to be inconvenient to be in one hand, there∣fore it must be in the Coun∣cel of State, forty Tyrants for one King; that is, the Ar∣my, and their Party.
• * 19.2

  101. A Committee to bring in a list of Names for a Councel of State.
• * 19.3

  104. New Com∣missions for the Judges, whereof six hold, and six quit their pla∣ces.
• * 19.4

  103. Cyrencester el••∣ction: But the Clerk of the Crown cert fi∣ed, that be∣tween the Commitee of Elections, and himself, they could not find the Indentures of return: the House there∣fore Ordered, That they should sit, and do service; so they are Burgesses not returned, but ordered to sit.
• * 19.5

  104. A Declaration, That they will keep the Fundamental Laws, (lives) why did they erect the High Court of Justice, and do still continue Martial Law? (liberties) why do they press Seamen then? (properties) why do they levie illegal Taxes by Souldiers, and continue illegal Sequestrations.
• * 19.6

  105. The Judges Circuits ap∣pointed, the Benches filled up, and their Oaths altered.
• * 19.7

  106: A new Oath for the Free∣men of London, and other Co••∣porations.
• * 19.8

  107. An Act to re∣pe••l the Oaths of Allegiance, Obedience, and Supre∣macy.
• * 19.9

  108. Another De∣claration and Protestation of the secured and secluded Mem∣bers.
• * 20.1

  109. A Paper enti∣tuled [Foure true Positions, &c.]
• * 21.1

  Whereupon six Judges re∣fused to ac∣cept any new Commissions, or to act as Judges.
• * 22.1

  110. Six propositi∣ons of un∣doubted verity Another Paper. Every Act of Parliament relateth to the first day of the same Parliam. but it cannot be, that any Act passed in the Reigne of King Charles the second, should relate to the first day of this Parliament, which hap∣pened in the sixteenth yeare of Charles the First, ergo this Parliament is determined by the death of King Charles the first.
• * 22.2

  111. A New Stamp for Coyne.
• * 22.3

  112. Instructions for the Coun∣cel of State.
• * 22.4

  113. Powers given to the Councel of State.
• * 22.5

  114. An expurga∣tory Oath put upon the Councel of State, scru∣pled by some of the Mem∣bers, and mo∣derated by Cromwell ••n opposition of the Level••ers.
• * 22.6

  115. Cromwells u∣surped power. When the House of Commons op∣posed Cromwels and Iret••ns de∣signes, they cried up the Libertie of the People, and decried the Authority of Parliament, until they had made use of the Levellers to purge the House of Commons and make it subservient to their ends, and abolish the House of Lords: and then they cried up the Supreme Au••horitie of their House of Commons, and decried the Liber∣ty of the people, and the Levellers who upheld it. So Charles the 5. first made use of the Popes Authority to subdue the Protest••nts of Germany, and then used an Army of Prote∣stants to subdue and imprison ••he Pope.
• * 23.1

  116. The forme of the said refor∣med Oath.
• * 23.2

  Mere you see a curtain drawn between the eyes of the people, and the clandestine machinations and actings of this Councell.
• * 23.3

  117. The C. of War debate to mas∣sacre the Kings party. See Will. Sedgwicks [Iu∣stice upon the Armies Remon∣strance.]
• * 23.4

  118. Schismaticall Petitions for 2. or 3. principal Gentlemen in each County to be brought to justice.
• * 23.5

  119. Merchants ar∣ming Ships for this Summers Fleet.
• * 23.6

  120: The High Court of Ju∣stice revived.
• * 23.7

  121. The History of Hamiltons im∣prisonment and death. See digitus Dei upon Duke Hamil••on.
• * 23.8

  Quaere, What an accusation extorted for feare of death, ••nd hope of life is worth? Hamilton con∣fessed at his death, he had been much pressed; yet had named no ma••. Argyle.
• * 23.9

  When Hamil∣ton was upon the Scaffold, divers Officers of the Army, and Hugh Pe∣ters conversed familiary with him to the last, and Messen∣gers passed to and fro.
• * 23.10

  122. The Death of the Lord Capel.
• * 23.11

  123. The Kings Li∣brary at Saint James's given to Hugh Peters
• * 23.12

  124. L. C. Lylburnes Petition to the House, with Englands new Chaines, an∣nexed. See the Hun∣ting the Foxes, &c. pag. 8.
• * 23.13

  Hunting the Foxes. p 8. sayes, it was Iretons inven∣tion
• * 23.14

  The saying of Col. Hewson the one-eyed Cobler. See Hunting the Foxes. p. 10.
• * 23.15

  125. A second part of Englands New Chains.
• * 23.16

  See the Hun∣ting of the Foxes, &c. p. 6, 7, 8.
• * 23.17

  Returne to sect 2. & 5.
• * 23.18

  126. The Hunting of the Foxes from Tryplo and New-mar∣ket by 5. small Beagles, p. 8.
• * 23.19

  The House by Votes, 5. Dec. 1648. voted, the King's Conces∣sions a ground, &c. And the Army secured a d expelled 250. Members for using liber∣ty to vote ac∣cording to their conscien∣ces, and over∣ruled those few left sitting to unvote in a thin House, what was voted in full House; this is more then to usurp a Negative Voice over them: return to sect. 18.23.28.
• * 23.20

  127. The Authors censure of the Levellers.
• * 23.21

  128. The Authors censure of His Majesties Post∣humus work, I entituled, (The Pourtraicture of His Sacred M••∣jesty in His S••∣litudes and Sufferings.)
• * 23.22

  129. The form of Writs for Elections changed.
• * 23.23

  130. A new esta∣blishment for the Army re∣ported to the House from our new Ma∣sters the Coun∣cell of State.
• * 23.24

  131. An Act for Abolishing the Kingly Office, &c.
• * 24.1

  Since by the Law, the Crown cures al defects; how can the King's bloud be at∣tainted?
• * 24.2

  We have sworn faith and Alleg••ance to K. Charls the First, His law¦full Heirs and Successors, and our Vow is re∣corded in Hea∣ven from which no pow∣er on earth can absolve us. See the Oathes of Allegiance, Obedience, and Supremacy. The Statute of Recognition, 1. Iac. But the Commons are now Supreme, as in imitation of the Pope to bring this Claus in practise, Licet de jure non possumus▪ tamen pro plenitudine potestatis nostra volumus, &c.
• * 24.3

  All our Laws cut off by the non obstante of an eighth part of the House of Commons sitting under a force. After almost 1000 years ex∣perience it is now found to be dangerous. The English were never one half-quarter so much enslaved since William the Conquerour subdued them, as they have been since Oli∣ver the Brewer subjugated them.
• * 24.4

  But in a Councel of State of forty Tyrants sitting under the pro∣tection and awe of Oliver.
• * 24.5

  High Treason is what these Legis∣lative Thieves list to make it, an Arbitary crime, notwithstanding the Stat. 25 Ed. 3. for limiting and ascertaining of Treasons, for security of the people. Tiberius and Nero's days are fallen upon us; Of which Tacitus, Ingens crimen divitiae; & complementum omnium accusati∣onum laesa maje∣stas.
• * 24.6

  When was England governed by their own Representative? or had any other regliment then Kings? But what the Legislative Conventicle declares, we must believe, though contrary to our knowledge. They will lead our Faith and Reason in a string, or have our necks in a halter. A period to this Parliament, and leave the Supream power in the Councel of State, a design long since attempted. See First and Second Part of Englands New Chains, and the Hunting of the Foxes. No obedience is due by Law to them, which takes no notice of this form of Government.
• * 24.7

  132. An Act for a∣bolishing the House of Peers. More New lights, new dis∣coveries made by forty or fif∣ty Ignis satui, gross fiery Me∣teors remain∣ing in the House of Commons.
• * 25.1

  133. A Declaration of the Commons, to shew the Rea∣sons of their said proceedings. The State is Free, but the people Slaves; as a Galley is free, but the Rowers Slaves; 1 part. 72, 73. See these Books, (A full Answer to an Infamous Pamphlet, Inti∣tuled, A Declara∣tion of the Com∣mons of Eng∣land.) [The Charge against the King discharged.] (The Royal and Royalists Plea.) (King Charles vindicated, &c.) And his Majesties last Book, or Pourtraicture, and His Maj. Graci∣ous Messages for Peace.
• * 25.2

  See Greg: Th••∣losanus. l. pol. 1. Keckerin: Siste∣ma pol. l. 1. Cone∣zenii. l. politic. 1. à c. 17 ad. c. 25. and many good Authors quo∣ted by him. Moecenalis ora∣tionem ad Au∣gustum, apud Dionem Cassium.
• * 25.3

  See some Au∣thorities cited verbatim in the first Page.
• * 25.4

  The Kings Re∣venue by a me∣dium of 7 years was yearly 700000 l.
• * 25.5

  2 Part of Eng∣lands New Chains disco∣vered, &c and the Hunting the Foxes re∣turn to s. 127.
• * 25.6

  1 Part. sect. 45. 46, 47, 48, 49, 50, 51, 52, 53, 54.
• * 25.7

  2 Part of Eng∣lands New Chains, and the Hunting the Foxes, &c.
• * 25.8

  134. Harry Martin's Judgement of the King and Kingly Go∣vernment.
• * 25.9

  135. The Councel of Officers en∣deavour to joyn Interest with the Pa∣pists in England and Ireland.
• * 25.10

  Owen Roe Oneale.
• * 25.11

  The Popes Nuntio.
• * 25.12

  136. Scarcity of Coals how oc∣casioned, and why?
• * 25.13

  137. The Lo. Major ordered to pro∣claim in per∣son the Act for abolishing the Kingly Office, and punished for neglect.
• * 25.14

  138. The Kings, Queens, and Princes perso∣nal Estate or∣dered to be sold.
• * 25.15

  139. Crown Lands shar'd amongst the Godly.
• * 25.16

  140. Another Re∣port for an e∣stablishment for the Army. Diu••nal, Mar. 30, 31. 1649.
• * 25.17

  141. An Order that no Preacher meddle with State affairs.
• * 25.18

  142. The 5. Lights of Walton.
• * 25.19

  143. The Earle of Warwick's Commission recalled; and 3 Admirals appointed.
• * 25.20

  144. Cromwell turn∣ed Preacher.
• * 25.21

  145. The last Re∣treat of the Faction by H. Martins report.
• * 25.22

  146: Io. Lilburn's third Book, called, (The Picture of the Councell of State.)
• * 25.23

  Master Boon a Member of the House, lately a Tapster, hath 6000 l. given him. Sir Arth: Hazel∣rig 3 great Ma∣nours, Bishops-Aukland, Ev••r-wood, and another Col. B••rkstead (the pitiful Thimble and Bodkin Gold-smith) bought as much Bishops Lands as cost 10000 l. at two or three years purchase, and hath al∣ready raised his money.
• * 25.24

  147. A Petition in behalf of Io: Lylburn and his company.
• * 25.25

  148. Itinerant Mi∣nisters, an in∣vention to un∣dermine our Orthodox set∣led Ministers, and infect the people with Schismes and Anarchicall principles, su∣table to the many-headed tyranny of the Grandees.
• * 25.26

  149. A fraudulent Reconciliation and uniting of Interests at∣tempted with a mock-fast for that purpose.
• * 25.27

  See a Paper, called, Argu∣ments against all Accommoda∣tion between the City of Lon∣don, and the engaged Gran∣dees of the Parl. and Army; And A seasonable Caution to the City of Lon∣don? printed at the latter end of Relati∣on and Obser∣vations, Hist. and Pol. &c.
• * 25.28

  150. The jugling design of send∣ing part of the Army for Ire∣land.
• * 26.1

  151. M. Lockier condemned by a Councel of Warr, with his honour∣able death and burial: and Lilburns Let∣ter to the Ge∣neral.
• * 27.1

  152. Arreares given to Col. A. P••p¦ham, & H. Mar∣tin, & tempta∣tions put upon Lilburne and Joyce.
• * 27.2

  153. The design of making Mem∣bers of Par∣liament liable Arrests.
• * 27.3

  154. Women Peti∣tion the House for L. Col. Lilburne and his Com∣pany.
• * 27.4

  Second part of Englands new Chaines disco∣vered.
• * 27.5

  155. Observations upon the Com∣mons Answer to those that petitioned for Lilburne, &c.
• * 27.6

  Humiliter servi∣vunt, aut super∣be dominantur.
• * 27.7

  Ireton penned this scandalous Answer of the said Officers.
• * 27.8

  156. The Turkish Alchoran taught to speak English.
• * 27.9

  157. New-declared Treasons to defend tyran∣ny and usurpa∣tion, and en∣snare the People.
• * 27.10

  Quere, whether Cromwell be Lieutenant Generall, or no?
• * 27.11

  158. The Levellers Randezvouz in Oxfordshire.
• * 28.1

  159. Doct. Dorislaus stabbed to death in Holland.
• * 28.2

  160. Hasleriggs bar∣barous motion to murder six Royalists of the best quali∣ty in revenge of Dorislaus.
• * 28.3

  161. An act decla∣ring more new Treasons.
• * 28.4

  Sic volo, sic ju beo, it shall be Treason, be cause they will call and Vote it so.
• * 28.5

  See 1. H. 4. c. 10. 11. H. 7. c. 1.
• * 28.6

  So the four Lords ought to have been Tried, not by a new shambles of Justice.
• * 28.7

  162. A motion to inlarge Sir Will. Waller, &c. And the Ge∣nerals Answer intimating the securing of the Members to be done by confederacy with the Army-party in the House.
• * 28.8

  163 The General sends forth Warrants to all Justices of the Peace to attach those Levellers that he had rout∣ed.
• * 28.9

  See the Vote and Act for abolishing the Kingly office. 164.
• * 28.10

  The General sends to the City for addi∣tional Forces
• * 28.11

  165. The Com∣mons colou∣rably debate to dissolve this Parl. and set∣tle a succeed∣ing Represen∣tative.
• * 28.12

  166. A debate how to defeat Judgments, Extents, &c. upon Delin∣quents lands. sect.
• * 28.13

  167. John Lilburne starving im∣prisonment in the Tower.
• * 28.14

  The allow∣ance is 4 l. a Week as I conceive.
• * 28.15

  168. Why Ireton laid down his Commission.
• * 28.16

  169. Hugh Peters ••isits J. Lil∣••urne in the Tower, and ••he sum of ••heir Conse∣••ence. Witness his ••ampering with Hamil∣••on, &c.
• ‖ 28.17

  Compare this Act of the Kings, with the vio∣lent act of those Tray∣tors and Ty∣rants, Fairfax and his Coun∣cel of War in imprisoning and secluding above 200. Members at once without cause shewn, and leaving only 40 or 50 of their cheating Fa∣ction in the House to car∣ry on their bloody Anar∣chical de∣signs; some of which secu∣red Members with barba∣rous usage were almost brought to death, and their murder since attemp∣ted by Souldi∣ers.
• * 28.18

  The Law is now taken away and all things in confusion by turning our Monarchy (with∣out or consent) into a Free-State of Slaves governed by Tyrants.
• * 28.19

  This doctrine of Devils, that it is lawful to submit to any present pow∣er that is strongest, is broached in a Pamphlet by old Rowse the illiterate Jew of Eaton-Col∣ledge. And by John Goodwin the sophisti∣cal Divine; which is ful∣ly con••uted in A Religi∣ous Demurrer concerning submission to the present power; an ex∣cellent peece.
• * 28.20

  The Laws are now no protection to us, nor the rule of our actions, but the arbitrary wills and lusts of the Grandees.
• * 28.21

  Sect. 162.
• * 28.22

  170. The Act for Abolishing Monarchy proclaimed in London.
• * 28.23

  171. A Thanks-giving Dinner in the City for the Gene∣ral, &c.
• * 28.24

  172. The Councel of State sit in pomp at White-hall.
• * 28.25

  173. A general sur∣vey to be ta∣ken of the whole King∣dome; that e∣very mans Estate both real and personal may be taxed.
• * 28.26

  174. An Act ena∣bling Com∣mittees to give Oaths.
• * 28.27

  175. Scrivenors commanded to shew shop-books.
• * 28.28

  176. The aforesaid Thanksgiving solemnized.
• * 28.29

  177. A necessary advertisement to all honest Presbyterians See K. Charles the first his book [The Portraicture of his Majesty in his solitudes & sufferings] Some over∣hastily expect the King should satisfie the Presbyterians by his Decla∣ration; but the height of the Independents malice & their guilty fears are such as may endanger the d awing on a Massac••e upon them by such a course.
• * 28.30

  See a Book, entituted [His Majesties gra∣cious Messages for peace.] Mr. Pryns Speech, 5. Dec. 1648. in the House. And the secu∣red Members Reply to the Councel of War.
• * 28.31

  1 King. 3.
• * 28.32

  Oath of Alle∣giance, and Stat. of Re∣cognition, 1 Jacobi.
• * 28.33

  Dictum de Kennel∣worth.
• * 28.34

  See the late History of the Marquess of Montross, what gentle use he made of his Victory after he had subdued the strength of Scotland at Battel of Kylsythe.
• * 29.1

  178. The loss of Ships at King∣sale suppres∣sed, and mis∣reported in the House, and why?
• * 29.2

  Scout, from June the 8. to 15. 1649. 179. Gifts given amongst the Faction.
• * 29.3

  180. The Kxcise enlarged up∣on Salt.
• * 29.4

  181. A Vindication of the Level∣lers in some things; and a further de∣sign to garble and enslave the Army.
• * 29.5

  182. The pretend∣ed Parlia∣ments Coun∣cel of State and Officers confederated with Oneale. See An After-game at Irish, &c. 1649. and the Pro∣positions p••inted at Cork and re∣printed at London. From June 6. 1649. June 8. 1649.
• * 29.6

  Moderate In∣telligencer, from June 7. to 14. 1649. num. 221.
• * 29.7

  See the Coun∣cel of Wars Answer con∣cerning the secured and secluded Members; from 6. June to 13. num. 3.
• * 29.8

  183. Parker the Observator.
• * 29.9

  184. Meltons Book, the Tenure of Kings and Magistrates, &c.
• * 29.10

  See the Myste∣ry of the two Junto's, Pres∣byterian and Independent.
• * 29.11

  185. L.C. Lilburns Book [The Legal funda∣mental Liber∣ties of the People, &c.]
• * 29.12

  186. Tythes to be Sequestred for the State.
• * 29.13

  187. An Adjourn∣ment of this pretended Parliament considered of.
• * 29.14

  188. Cromwel vo∣ted for Ireland with full power Civil and Military.
• * 29.15

  189. 13 Bills in∣joyned to be passed by the Commons be∣fore Adjourn∣ment.
• * 29.16

  1 King. 18.17.
• * 29.17

  190. Things under∣taken by the Councel of State during the Recess.
• * 29.18

  191. Dean and Chapters Lands pur∣chased by the Godly.
• * 29.19

  192. Souldiers in∣solencies re∣mediless.
• * 29.20

  193. The Earl of Denbigh and Henry Martin referred to Committees.
• * 29.21

  194. The Councel of State au∣thorized to grant Letters of Marque.
• * 29.22

  195. Cap. Yongue's blowing up the Antilope in Helversluce; with a Cau∣tion.
• * 29.23

  196. More Gifts to the Godly.
• * 29.24

  197. Order 9. June 1649. refer∣ring all secu∣red and se∣cluded Mem∣bers to be ex∣amined before a Committee.
• * 29.25

  168. Articles of Impeachment against the Speaker.
• * 29.26

  Note that Oliver, before he left the Town, ere∣cted a Com∣mittee of Of∣ficers of the Army to pro∣secute and bring to punishment grand Delinquents. This is a new kinde of Star-Chamber o•• military Nobles, held like a Rod over the Mock-Parliament. Councel of State, and the Gene∣ral, in case they shall oppose Olivers Designs.
• * 29.27

  199. 50000 l Ad∣••nce mony ••r Cromwels ••xpedition.
• * 29.28

  200. More Gifts to the Godly.
• * 29.29

  The Moderate, from July 3. to July 10. 1649.
• * 29.30

  201. Endeavors to lessen the Ge∣neral.
• * 29.31

  202. An Inquisition for blood, an ingenious piece newly come to light.
• * 29.32

  Proems to Lawes are condemned by many Lawyers and Polititians. Est nihil fri∣gidius Lege cum Prologe, jubeo lex, non suadet.
• * 29.33

  By raising Tumults, &c.
• * 29.34

  203. Mr. Pryns ex∣cellent Book entituled [A legal Vindica∣tion of the Li∣berties of England] illegal axes, and pretended Acts of Parliament abridged in part, but the whole commended to be seriously read by all men.
• * 29.35

  Quere, How a Parliament Summoned by the Writ of K. Charles I. and called Parliamentum Nostrum ad tractandum nobiscum super arduis negotiis regni nostri, can be continued one and the same Parl. after the Kings death that called it; and the Monar∣chy changed into a Commonwealth? formally it cannot be the same, the Head thereof being gone. The Lords House and Monarchy being abolished, and the State not the same; materially it cannot be the same, so many of the ancient Members being thrown out, and new ones un∣duly elected brought in. But there are some pragmatical Taylors in the House, who can make a garment fit for all states of the Moon, and a Parl. fit for all changes of the State.
• * 29.36

  It is against the nature, and essence of a Parl. to be Perpetual, and against the Li∣berty of the People.
• * 29.37

  Added by the Abridger.
• * 29.38

  This 17. is ad∣ded by the A∣bridger.
• * 29.39

  More hath been raised by Taxes these last eight years, than in all the Kings Reigns since the Conquest, and no ac∣count given,
• * 29.40

  204. Cromwel sets sail for Ire∣land.
• * 29.41

  205. The Associa∣tion between O Neale and C. Monck. See the Paper at large.
• * 29.42

  Scot having studied the Politiques in a Brewers Tally, is be∣come a great States-man in our new Ba∣bel. See the said Paper, The true state, &c.
• * 29.43

  See the An∣swer of the Councel of Of∣ficers to the Parliaments Demand, con∣cerning their secured Mem∣bers: And their Answer thereunto.
• * 29.44

  Let me not seem over∣bold in main∣taining a dif∣ferent opinion, since Parliaments are no more infallible than Popes; and all humane opi∣nions are equal unless Reason make the difference. I hope we have not lost our Reason with our Lawes and Liberties, nor the exercise and use of it.
• * 29.45

  See the said Letter, print∣ed at the lat∣ter end of a Relation of the securing and secluding of the Members by the Army.
• * 29.46

  Nota.
• * 30.1

  [Within the space of three Months] is not in the said Copy printed at Cork.
• * 30.2

  The Story of the father Transactions between O Neale and Monke continued and enlarged out of the Propositions printed at Cork.
• * 31.1

  1. Observati∣ons upon Monks letter.
• * 31.2

  2. Observa∣tions upon the Proposi∣tions amend∣ed. See the said Paper printed at Corke, especi∣ally Monks Letter.
• * 32.1

  Paper print∣ed at Cork.
• * 32.2

  See the Date in The true state of Tran∣sactions, &c. It seems to be 8. May, 1649.
• * 33.1

  See the Per∣fect Occur∣rences, nu. 17. 138. from Aug. 17. to the 24. 1649.
• * 33.2

  206. Cromwell's Souldiers de∣sert him at Milford-ha∣ven, and upon his complain his House of Commons vote their Debentures void.
• * 33.3

  207. A League De∣fensive & Of∣fensive, con∣cluded be∣tween O Neal and Sir Charls Coote Gover∣nour of Con∣naught for the Parliament: See the last Section save one.
• * 33.4

  Why did they cry out upon King Charls I. upon a sur∣mise that He used the help of the more innocent Irish Papists, being His own Sub∣jects under His Allegi∣ance and Pro∣tection? but we find the Godly are a∣bove all laws.
• * 33.5

  Councel of Officers, of State, and Parliament.
• * 33.6

  See Monk's Letter of An∣swer to O Neale, Dated 26. April, 1649. from Dundalk, con∣tained in the last foregoing Section but one: See tie said Paper, en∣tituled, [The Propositions of Owen Roe O Neale, sent to Col. Monck, &c. Printed at Cork, 1649.
• * 33.7

  208. The Levellers vindicated: or, The Case of the twelve Troops, &c.
• * 33.8

  209. Col. Morrice Governour of Pontefract for the King, En∣dicted at the Assizes at Yorke, con∣demned and executed.
• * 33.9

  Three headed consisting of, 1 Councel of War. 2 Councel of State. 3 Parliament
• * 33.10

  210. Cap. Plunkett and the Mar∣quess of Or∣monds brother voted to be Tryed.
• * 33.11

  211. An out-cry of the young men and Ap∣prentices of London con∣curring with those falsly called, Level∣lers.
• * 33.12

  212. Excise.
• * 33.13

  213. Forrain Plan∣tations.
• * 33.14

  214. More gifts to the Faction.
• * 33.15

  Numb. 319. from Monday Sept. 3. to Monday, Sept. 10.
• * 33.16

  215. O Cromwel re∣duceth Iones's own Regi∣ment and o∣ther Regi∣ments in Dub∣lin. Let Sir C. Coote and his Regiment in London-Derry expect the like
• * 33.17

  216. A violent ir∣ruption of the Parl. Janisa∣ries upon the Protestants at Church in St. Peters Pauls∣wharf, Sunday morn, 9. Sept. 1649.
• * 33.18

  This Mutiny was not be∣gun by Level∣lers.
• * 33.19

  217. O Cromwel's men sick in Ireland.
• * 33.20

  218. Unreasonable Fees extorted by Birkhead by Dures of Imprison∣ment; with the conni∣vance of the Commons.
• * 33.21

  219. Sir Har. Mild∣may's Politick Observations, Chaste Con∣versation, and first initiation at Court.
• * 33.22

  220. Felons fetch∣ed out of Newgate to inform against Merchants for not pay∣ing Customes
• * 33.23

  221. Sommer-hill given to Brad∣shaw. A sop for Cerberus.
• * 34.1

  Principium Caput & fini•• Parliamenti. Oaths of Al∣legiance and Supremacy.
• * 34.2

  See 1. part. sect. 105, 106. and the Con∣clusions, 15, 16, 17, 18. and return to sect. 79, 109, 110. Stat. of Recog∣nition, 1 Jac. Oaths of Al∣giance and Supremacy.
• * 34.3

  223. Compare the date of the K. Commissions with those of the Parlia∣ment, and their Decla∣rations on both sides.
• * 34.4

  See the Stat. of Recogniti∣on, 1 Jac. and the Oaths of Allegiance, O∣bedience, and Supremacy.