The Mystery of the Two Juntoes, Presbyterian and Independent, with some Additions.

1 THe Kingdom being overgrown with Prerogative, Cor­ruption and Superstition, (the fruits of a long and lazie peace) by a long discontinuance of Parliaments; at last by Providence his Majesty was necessitated to call a Parliament, the onely Colledge of Physicians to purge the much-distempered body of the Common-wealth.

2 In this Parliament a contest between the Kings Prerogative and the Peoples Laws and Liberties begat a War. The Divines on both sides, out of their Pulpits, sounding Alarum thereto; and not on­ly Sermons, but Declarations of Parliament and National Cove­nant, holding forth to the people the defence of Religion, Laws, Liberties and Properties inflamed the people to the rage of battel, as the Elephant is enraged at the sight of Red. This War occasi­oned extraordinary Taxes and Leavies of money, such as were ne­ver heard of by our Ancestors, and were Irritamenta malorum, the nurse of our corruptions.

3 This incentive working upon the humane frailty of the speaking and leading Members of the Houses, Grandees. caused them first to inter­weave their particular interests and ambitions with the publick, and lastly to prefer them before the publick.

4 Wherefore the said leading men or Grandees (for that is now Par­liament language) first divided themselves into two factions or Jun­toes, Presbyterians and Independents; Factions. seeming to look onely upon the Church, but (Religion having the strongest operation upon the spirit of man) involved the interests of the Common-wealth.

5 The common people of the two Houses following (with an implicite faith and blind obedience) the example of their leaders, divided themselves also into the said Dichotomy; which they did with more seriousness than their leaders, as not perceiving any thing of design therein; but according to the diversity of their Judgments, or rather Fancies and Confidings (for to resign a [Page 2] mans judgment to the opinion of another man is but a silly trust and confidence) studied the upholding of their parties with ear­nestness, whilest the Grandees of each party in private close toge­ther for their own advancement, serving one anothers turn.

6 The Grandees (in all publick debates) seem as real in their reciprocal oppositions, as those silly ones who are in earnest, whereby they cherish the zeal of their respective parties, keep them still divided ( Divide & impera is the Devils rule) and so amuse them, and take them off from looking after other interests, in which, were they conjoyned, they might share with the Gran­dees themselves: and for the better contentment of such their Confidents, as looking too intentively after their own gain, the Grandees of each Junto confer something of advantage upon those that are subservient unto them, as five pounds a week, or some pet­ty imployment.

7 The seeds of these factions spread themselves into the Common-wealth and Armies, as Rheum distils from the head into all the body.

8 Thus the leading men or Bel-weathers having seemingly divided themselves, Monopoli­zing profits and prefer­ments. and having really divided the Houses, and captivated their respective parties judgment, teaching them by an implicite faith, Jurare in verba Magistri, to pin their opinions upon their sleeves; they begin to advance their projects of Monopolizing the Profits, Preferments and Power of the Kingdome in them­selves. To which purpose, though the leaders of each party seem to maintain a hot opposition, yet when any profit or preferment is to be reached at, it is observed that a powerful Independent especially moves for a Presbyterian, or a leading Presbyterian for an Independent; and seldom doth one oppose or speak against another in such cases, unless something of particular spleen or Competition come between, which causeth them to break the common Rule. By this means the Grandees of each faction sel­dom miss their mark, since an Independent moving for a Pres­byterian, his reputation carries the business clear with the Inde­pendent party; and the Presbyterians will not oppose a leading man of their own side. By this artifice the Grandees of each side share the Common-wealth between them; and are now be­come proud, domineering Rehoboams, even over the rest of their [Page 3] fellow Members, contrary to the liberty of Parl. which consists in an equality) that were formerly fawning ambitious Absoloms.

There hath been lately given away to Members openly (besides innumerable and inestimable private cheats mutually connived at) at least 300000 l. in money, besides rich Offices, Imploy­ments in money Committees, Sequestrations, and other advan­tages. And those Members who have so well served themselves, under colour of serving the publick, are, for the most part, old Canvasers of Factions, who have sate idlely and safely in the House, watching their advantages to confound businesses, and shuffle the cards to make their own game, when others that have ventured their persons abroad, labour'd in the publick work, like Israelites under these Aegyptian task-masters, and lost their e­states, are left to sterve untill they can find relief in that empty bag called by fools, fides Publica, by wise men, fides Punica, and are now looked upon in the House superciliously, like unwel­come guests, for it is known how malignantly, and how juglingly writs for new Elections were granted and executed, and called younger brothers, and like younger brothers they are used▪ their elder brothers having slipped into the World before them, and anticipated the inheritance; they have broken first into the com­mon field, and shut the door to prevent after commers even from gleaning after their full harvest, for the better effecting whereof, they have now morgaged, in effect, all the means they have to raise money, unto the City, and being themselves fat and full with the publick Treasure, to express rather their scorn than care, they are making an Ordinance that no more money shall be given to their Members, and yet to shew how carefull they are of all such as have cheated the Commonwealth under them, I will not say for them, they have taken advantage of the Petition of the Army, wherein they desire Indempnity for all acts done in Relation to the War, and have passed an Ordinance of In­dempnity for all such as have acted by Authority, and for the ser­vice of the Parliament, wherein, under great penalties, and with an appeal at last from the Judges of the Law to a Committee of Par­liament, such as have gone beyond the Authority given by Par­liament, and sequestred men unjustly, and so withheld their goods under pretence thereof, and such as have leavied Taxes three or [Page 4] four times over, are quit from private actions, and the benefit of Law and Justice taken from the oppressed, to secure Country Committees, Sequestrators and others (not Prerogative but Legisla­tive) Thieves, contrary to Magna Charta, which says, nulli nega­bimus, nulli differemus justitiam, aut rectum; We will deny, nor defer justice and right to no man. Oh prodigious acts, and of greater Tyranny than any King ever durst adventure upon. What is become of our National Covenant, and the Parliaments many Declarations for defence of Laws and Liberty? Or have we fought our Liberty into slavery? By these devices the honest middle men of the House (whose Consciences will not let them joyn in any faction to rend the Commonwealth in sunder) are out of all possibility of repair, and made contemptible as well by their own wants, as the pride of the Grandees: and in the end, their poverty will enforce them to leave the sole possession of the House to these thriving Junto men, who do beleaguer them therein, making them (for farther addition to their losses) pay all taxes, from which the thriving men go free: so that the poorer part of the House pays tribute to the richer. Nay it is farther whispered, that at last the Junto men will quit the Parliament Privilege of not being sued, purposely to leave these younger Brothers to the mercy of their creditors, and disable them to sit in their House.

10 Another ambitious aym of those Junto men is, their devise of referring all businesses of moment to Committees. Committees of the Hou­ses. For the active speaking men by mutual agreement naming one another of every Committee (or at least their confident Ministers) do thereby fore-stall and intercept the businesses of the House, and under colour of examining and preparing matters, they report them to the House with what glosses, additions, detractions, and advan­tages they please; whereby the House (judging according to their report) oftentimes mis-judgeth, and if it be a businesse they are willing to smother, the Committees have infinite artifical de­lays to put it off, and keep it from a hearing, or at least from re­porting. By this means the remaining part of the House are but Cyphers to value, and Suffragans to ratifie what is forejudged by the said Committees. This usurpation of theirs is much helped by keeping the doors of their Committee-rooms shut, and dis­patching all affairs privately and in the dark; whereas Justice [Page 5] delights in the light, and ought to be as publick as the common air, it being against its nature to be Chambered up, and kept from the observation of eye, and ear-witnesses.

And by their examining of men against themselves, contrary to Magna Charta, they much enlarge their power.

11 Parts of this project we may well call the Multiplicity of mo­ney-Committees, as Goldsmiths-hall, Haberdashers-hall, Money Com­mittees. the Committee of the Kings Revenues, Committee of the Army, &c. Where every mans profit and power is according to his cunning and conscience. Hereby they draw a generall dependency after them, for he that commands the money, commands the men. These Committee-men are so powerfull that they over-awe and over-power their fellow-Members, contrary to the nature of a free-Paliament; wherein the equality of the Members must main­tain the freedom and integrity thereof, and suppress facti­ons.

12 The like may be said of such Members as (in scorn of the self-denying Ordinances) hold Offices by gift or connivence of the Par­liament, either openly in their own name, Members holding Offi­ces, &c. or secretly in the name of some friend. Their offices inabling them to do courtesies and discourtesies. And although there hath been a Committee ap­pointed to certifie all pensions, sequestrations, offices, imployments of advantage and profits conferred by the Parliament upon any their Members, in which Committee Mr. Sands holdeth the chair; yet is this meerly a formality to blind the eys of the World, and fool the expectation of some losing Members, who were then resolute to know who had already received satisfaction for their losses, and how far they had out-run their fellow-Members therein. Yet this Committee is now let fall, no reports deman­ded of Mr. Sands, and when any is to be made, they are not un­provided of a means to make it fruitless, by putting every particu­lar to debate; well knowing, that no man will be willing to ar­gue against the particular persons and merits of his fellow Mem­bers, and thereby heap envy upon his own head, besides the delay of a particular debate.

13 How frequently the Countrie Committees act contrary to the Laws of the Land; Country Committees. how they trample Magna Charta under their feet; how boldly and avowedly they transgress all Orders and [Page 6] Ordinances of Parliament, and break our Solemn League and Covenant; how they ordinarily turn well-affected men out of their free-holds and goods, imprison and beat their Persons, with­out any known charge, accuser, or witnesse against them; nay murther them, as in the case of Doctor Rawleygh killed in prison at Welles by the Committees Marshal; and the poor men mur­thered at Bridgwater, whose bloods were shed like the blood of a dog, and no real prosecution thereof; how frequently they leavy one Taxe three or four times over, and continue their lea­vies after the Ordinance expi [...]e; How cruelly they raise the twentieth and fifth part upon the well-affected, exercising an illegall, arbitrary, tyrannical power over their fellow Subjects, far higher than ever Strafford or Canterbury durst advise the King to; how ignorantly and unjustly they exercise a power to hear and determine, or rather to determine without hearing, or hear without understa [...]ding, private controversies of Meum & Tuum for debts, trespasses, nay Title and possession of Lands, without either formality or knowledge of the Law, not having wit, man­ners, nor breeding enough, as being chosen for the greatest part, out of the basest of the People, for base ends, to satisfie men with an outside, or Complement of justice: Insomuch that nothing is now more Common, than an accusation without an accuser, a sentence without a Judge, and a condemnation without a hea­ring. How they exclude all other Magistracy, ingrossing to them­selves the power of Sheriffs, Justices of Peace, Church-wardens, &c. in an Arbitrary way; keeping Troops of Horse, upon pay and free-quarter for their guards, like the 30 Tyrants of Athens, and if any man but speak of calling them to give an account, they pre­sently vote him a Delinquent, and Sequester him. If any man, I say, be so deaf as not to hear the loud universal out-crying of the people, so great a stranger in our Israel as not to know these truths, let him peruse M. Edward Kings discovery of the arbitra­ry actions of the Committee of Lincoln, and the heads of Grievances of Glamorganshire, printed 1647. where he may see these things briefly Epitomized; but to Historize them at large would require a volume as big as the Book of Martyrs. These Committees are excellent spunges to suck mony from the people, and to serve not only their own, but also the Covetous, Ma­licious, [Page 7] Ambitious ends, of those that raked them out of the dung­hil for that imployment, and do defend them in their oppressi­ons; who is so blind as not to see these men have their protectors? the Daemones to whom they offer up part of their rapins, to whom they sacrifice ‘Occulta spolia, & plures de pace Triumphos.’

If there be any intention to restore our Laws and Liberties, and free us from Arbitrary Government, it is fit these Committees and all associations be laid down, having no enemy to associate against, and that the old form of Government by Sheriffs, Justi­ces of the Peace, &c. be re-established, and the Militia in each County setled as before in Lieutenants, and deputy Lieutenants, or in Commissioners.

The rather, because the people are now generally of opinion, They may as easily find Charity in Hell, as Justice in any Com­mittee; and that the King hath taken down one Star-chamber, and the Parliament hath set up a hundred.

14 Nor is it a small artifice to raise money by so many severall and confused Taxes. Taxes. Whereas one or two ways orderly used and well husbanded, would have done the work. 1. Royal Subsidie of 300000 l. 2. Pole money. 3. The free Loans and Contribu­tions upon the Publick Faith amounted to a vast incredible sum in money, Plate, Horse, Arms, &c. 4. The Irish adventure for sale of Lands the first and second time. 5. The Weekly meal. 6. The City Loan after the rate of 50 Subsidies. 7. The Assesment for bringing in the Scots. 8. The five and twentith part. 9. The Weekly Assesment for my Lord Generals Army. 10. The Weekly (or Monthly) Assesment for Sir Thomas Fairfax Army. 11. The Weekly Assesment for the Scotch Army. 12. The Weekly Assesment for the British Army in Ireland. 13. The Weekly Assesment for my Lo. of Manchesters Army. 14. Free-quarter (at least) connived at by the State, because the Souldiers having for a time subsistence that way, are the less craving for their pay; whereby their Arrears growing stale, will at last ei­ther be frustrated by a tedious Committee of Accounts, or for­gotten; in the mean time, the Grand Committee of Accounts discount it out of the Commanders Arrears, whereby the State saves it. 15. The Kings Revenue. 16. Sequestrations and Plun­der [Page 8] by Committees, which if well answered to the State, would have carried on the work, which thus I demonstrate; One half of all the goods and Chattels, and (at least) one half of the Lands, Rents, and Revenues of the Kingdom have been se­questred. And who can imagin that one half of the profits and Goods of the Land will not maintain any Forces that can be kept and fed in England, for the defence thereof? 17. Excise upon all things; this alone if well managed would maintain the War; the Low-Countries make it almost their only support. 18. Fortification-money, &c. By these several ways and Taxes, about forty Millions in money and money-worth have been milked from the people; and the Parliament (as the Pope did once) may call England, Puteum inexhaustum; yet it is almost drawn dry. A vast Treasure, and so excessive, as nothing but a long peace could import; and nothing but much fraud and many follies could dis­sipate, and we ought not to wonder if it be accounted inter arcana novissimi imperii, to be always making, yet never finishing an ac­count thereof.

15 And as they have artificially confounded the accounts by lay­ing on multiplicity of Taxes; Accounts. so (for the same reason) they let the money run in so many muddy, obscure chanels, through so many Committees and Officers fingers, both for collecting, receiving, issuing and paying it forth, that it is impossible to make or bal­lance any Publick account thereof; and at least one half thereof is known to be devoured by Committees and Officers, and those that for lucre protect them. By these means, as they make many men partners with them in the publick spoyls, so they much strengthen and increase their party, whereby multitudo peccantium tollit poenam.

If these things were not purposely done, 1. Our Taxes would be fewer in number, Accounts a­gain. and more in effect. 2. They would be put to run in one chanel, under the fingering of fewer Harpies, and perspicuous and true Entries made of all receipts and dis­bursments, which would be publick to common view and exami­nation. The Exchequer way of accounts is the exactest, anti­entest, and best known way of account of England, and most free from deceit, which is almost confessed de facto, when, to make the Kings Revenue more obnoxious to their desires, they [Page 9] took it out of the Exchequer way, (contrary to the fundamental Laws of the Land; for both the Higher and Lower Exchequer are as antient and fundamental as any Court in England) and put it under a Committee, which as all other Committees do, will render an account of their Stewardship at the latter day. In the mean time divers of that Committee buy in old sleeping Pen­sions, which they pay themselves from the first of their arrears; yet other men that have disbursed money out of their purses for the Kings Service, can receive no pay for any money laid forth before Michaelmas Term, 1643. because (forsooth) then the Committee first took charge of the Revenue. In the mean time the Kings Tenants and Debtors are deprived of the benefit of the Laws and Liberties of the subject, which before they enjoyed; all Debts and Moneys being now raised by the terrour of Pur­suivants and Messengers, whose Commissions are only to distrain and levy, &c. whereas formerly the Exchequer sent out legal Process, and the Tenant or Debtor had liberty to plead to it in his own defence, if he thought himself wronged; but now New Lords, new Laws; and to countenance their doings, the Com­mittee have gotten an addition of some Lords to them. 3. If there were fair play above board, so many members of both Houses would not be ambitious of the trouble and clamour that attends Task masters, Publicans, and such sinners as sit at the receipt of Custome, being no part of the business for which the Writ Sum­mons, or the people choose or trust them, and whereby they are diverted from the business of the House: but would leave that imployment to other men, who not having the character and privilege of Parliament upon them, will be lesse able to protect themselves and their agents from giving publick accounts of their receipts and disbursments, and from putting affronts and delays upon the Committee of Accompts, (as it is well known) some of them have done. Lastly, it is scandalous that the same men should be continued so long in their money-imployments, because Diuturnitas & solitudo carrumpunt Imperia; and by long conti­nuance and experience they grow so hardned, so cunning in their way, and so backed with dependencies, that it is almost impossible to trace them. And although (when we look upon the many persons imployed) we cannot say there is solitudo personarum; [Page 10] yet when we consider that by a long partnership in their imploy­ments they are allyed together in one common interest, they are to be esteemed but as one man, for a Corporation of men is but many men joyned together as one man, and with one mind pur­suing one and the same end or interest.

16 And though they have a general Committee of Accompts, yet they were nominated by those Members that ought to give Ac­compts, Committee of Accounts. and it must needs be suspicious for an Accomptant to choose those persons before whom he shall accompt. And we see (after so long a time of their sitting) no fruit thereof. Whereas the people did hope, that after so much money spent, and such great debts and arrears left to pay, (whereby they are threatned with continuance of their Taxes,) that a full and exact general accompt of all Receipts and Disbursments would have been pub­lished in Print, for their satisfaction, as is usually done in the Low-Countries, and as was once done by this Parliament, Anno 1641. by a Declaration of the accompts of the Kingdom.

But it may be the Synod in favour of the Grandees, have voted that place in Scripture ( Render an account of thy Stewardship) to be but Apocryphal.

17 By these exorbitant courses, though they have drayned 40. Mil­lions from the people, Wants of the Parliament and how oc­casioned. yet (as Philip of Macedon was said to be Inter quotidianas rapinas semper inops) they are faln to such ridi­culous want and beggery, that they have lately pawned almost all the security they have, for 200000 l. to disband the Army, and enter upon the Irish imployment. They have slit Goldsmiths-Hall in sunder, and given one side thereof to the City, and kept the other half thereof to themselves, and that already charged with 200000 l. at least. So that if any sudden occasion happen, they have put their purse into the hands of the uncircumcised Jews of the City, and cannot raise one penny but by new Taxes upon the people. It was worth observing to see how officiously some of the old Stagers took leave of the Publick purse, before it came into Hucksters hands. Alderman Pennington had a debt of 3000 l. he owed to Sir John Pennington forgiven him, (he never asked forgiveness of his sins more heartily) and 3000 l. more given him out of Goldsmiths Hall in course; the reason of this bounty was forked or two-fold.

[Page 11]1. Because he hath got enough before.

2. To comfort his heart, for being left out of the City Militia. But the most observable thing was, to see this old Parliament like a young Prodigal, take up money upon difficult terms, and intangle all that they had for a security.

1. They gave way to the City to hedg in an old debt, being a loan of money after the rate of 50 Subsidyes, and other old debts.

2. Whereas 200000 l. only was the sum to be borrowed, the City enjoyned them to take up 230000 l. whereof the od 30000 l. to be bestowed for relief of decayed occupiers of the City; so that upon the matter the Parliament pays 30000 l. Broakage.

3. That the City may not trust the greatest unthrifts of Christen­dome, with laying out of their own money; they put upon them 2 Treasurers of the City, to receive and disburse it for the service for which it was borrowed; so you see they have now neither cre­dit, money, nor a purse to put it in.

18 So that the modest Members, who have been more forward to help their Country than themselves, Modest and middle mem­bers. are left in the lurch for their losses, and exposed to the laughter of their elder brothers, the old Junto men, and factious leaders of the House, all being now morgaged to the Lombards of the City. The thriving Mem­bers hope their younger brothers will continue as modest, as they have been, and digest all with patience; but others, and those neither fools nor knaves, hope all the modest and middle men of the Houses, such as are ingaged in no faction, will be provoked here­by to draw into a third party or Junto, to moderate the excesses of the other 2. when any thing prejudicial to the Commonwealth is agitated; and to call the old Junto men, those land Pyrats to ac­count, making them cast up what they have swallowed, and bring it to a common divident, or rather to pay the Army and Publick debts, whereby the people may be eased of their pressures; nor let them be discouraged with the supposed difficulty hereof, since 20 or 30 men holding together, and observing the cross debates, and different sway of each party, may easily make themselves mo­derators of their differences, and turn the scales for the best advan­tage of the common, which way they please to cast in their Votes, since it is very rare to have any question carried by more than eight or ten voices.

19 Most of these Grandees are reported to have, for their retreat, houses in the Low-Countries, Grandees provision to save them­selves.richly furnished with Sequestred [Page 12] Plate, Linnen, and Stuff, and great store of money in bank for their shelter, against such stormes as their Rapine, Tyranny, and Ignorance may happily raise here amongst us. In those their re­tirements, these Authors of our miseries will injoy their sins, and our spoyls in security, attending an opportunity to purchase their peace at last, and betray our Safeties and Liberties to the inraged Prince and People. This is called robbing of the Aegyptians; and doubtless these ambitious State-Mountebanks have brought us in­to darkness worse than Egyptian. The text saith, the Egyptians rose not from their places in three days; they yet knew where they were, which is more than we do, every man being out of his place and rank; the Servant in place of his Master, the Begger in place of the King, the Fool in place of the Counsellour, the Theif in place of the Judge, the cheater in place of the Treasurer, the Clown in place of the Gentleman, none but God alone can play Daedalus part, and give us a Clue to lead us out of this labyrinth, into which these unpolitick Hocas Pocasses have brought us. These unskilfull workmen that have built up Babel, and pulled down Sion. Others are said to prepare Forein Plantations for Retreat; to People which, Chi [...]dren are ravished from their parents Arms, and shipped away; an abomination not known in England before, and therefore no competent Law made against it; no more than in antient Rome against Paricides.

20 By what hath been already said, you see what the several, and what the conjoyned interests of these two Junto's or Factions, Grandees their several interests and designs and strengths. Pres­byterian and Independent are; let us now consider where their several strength lies. The Indep [...]ndent groundeth his strength upon the Army, which if he can keep up, he hopes to give the Law to all; and to produce that great Chymaera, Liberty of Conscience: not considering that the confusion and licentiousnesse of such a li­berty will destroy it self, Libertas Libertate perit. The Presbyte­rians have three Pillars to support them. 1. The City is their cheif foundation, with which they keep a strict correspondency, and daily communication of Counsels. Upon this consideration, they have lately put the Parliament Purse into the Cities Pocket as aforesaid; setled and inlarged the City Militia. Whereas all the Countries of England (being more obnoxious to injuries than the City) suffer much for want of setling their Militia; the Parliament not trusting them with arms, so much as for their own defence: An evident sign, there is a farther design than [Page 13] disbanding this Army. And because the City Militia can onely keep in awe the adjacent South and East Counties of the King­dom; therefore to suppress the remoter parts, and inforce them to obedience, they keep up some in-land Garrisons, and have the Scots and G. Poyntz supernumerary forces for the North. And in the West (under colour for sending men for Ireland) they keep upon free quarter and pay of the Country, many supernumerary Regiments and Troops, most Cavaliers, at least five times as many as they really intend to transport. These are always going, but never gone, like St. George, always in his saddle, never on his way. Something ever is and shall be wanting untill Sir Thomas Fairfax's Army be disbanded; and then (it is thought) the dis­guise will fall off; and these supernumeraries shall appear a new modelled Army, under Presbyterian Commanders, you may be sure, and such whose Consciences shal not befool their wits where any matter of gain appeareth; if this be not their aym, why did they not disband those lewd supernumeraries before last Winter, since they might have raised as many men the spring following for half the charge their very free quarters cost? and most of these swear they will not go for Ireland, vowing they wil cut the throats of the Round-heads.

The Country is amazed, fearing these Cavaliers are kept on free quarter by a Cavaleerish party for some Cavaleerish design. Secondly, why did they not rather divide Sir Thomas Fairfax Army into two parts, one to go for Ireland, the other to stay in England, being already modelled, excellently disciplined, and ha­ving the visible marks of Gods favour upon their actions? But to take a few for Ireland, a few for England, and leave a Coar in the middle to be plucked forth and disbanded, was the way to discon­tent them, and put them into mutiny, and thereby necessitate the Parliament to disband them all, and give an opportunity to them that seek it, to new modell another Army out of the aforesaid Su­pernumeraries, more pliable to the desires of the Presbyrerian Jun­to: adde hereunto the causelesse exasperating speeches and asper­sions cast upon most of the Army purposely, as moderate men think, to discontent them. Thirdly, If they have no intent to keep up an Army against the People, why have they continued the Mi­litary charge for another year, and inlarged it from 52000 l. to 60000 l. a moneth?

21 Thus the City, In-land Garrisons, Presbyters. and Supernumerary forces new [Page 14] modelled are like to prove the three-stringed whip, wherewith the Presbyterian Phaetons will drive the triumphant Chariot if they prevail; to which may be added the Presbyters themselves, who by overawing mens Consciences with their Doctrine, will subdue and work mens minds like wax to receive any impression of bon­dage that tyranny and oppression can set before them, as they do in Scotland, the Clergy in all times and places have ever held with the mighty, as the Jaccal hunts still with the Lion to partake of his prey; The Clergy have ever had an itch to be medling with State affairs, which shews how contemptible an opinion they have of their own Coat, that they can find no contentment in it; yet they would have the Laity to have a reverend opinion of it; the Po­pish Clergy draw all Civil Affairs, publick and private, under their jurisdiction and cognisance, quatenus there is peccatum in all humane actions; the Presbyterians quatenus there is scandalum in all human actions, what is the odds? Peccatum is the Mother, Scan­dalum the Daughter, and both pretend they do this in ordine ad De­um; but universal experience teacheth us, how miserable that Commonwealth is, where the corruption of a Church-man proves the generation of a States-man.

The premises considered, I shall propound these ensuing Quae­ries to those that are of better judgement than my self.

22 1. Quaere, Why the title and punishment of Malignants is transla­ted from the Cavaliers, Quaeres upon the premises. who fought for regal Tyranny against the Parliament, and laid upon those that fought against regal Tyran­ny for the Parliament; is it not because those Cavaliers that have fought for one Tyranny, will not be scrupulous to fight for ano­ther? and such wel-affected as have opposed Tyranny in one kind, will not admit of it in another? why is it now accounted a note of Malignity and disaffection to endeavour the putting down of Ar­bitrary Government, and re-establishing our Laws, Liberties and Properties, whereto the Parliament by their many Declarations and their National Covenant are bound? lay this to heart, and consider whether they have not changed these their first Principles, and consequently whether they are not desirous to change their old friends who resolutely adhere to the said Principles.

2. If the King grant the Propositions, or if he deny them, and the Praedominant Junto (or both Junto's joyned together, to drive on one Common interest?) for it is now thought they are upon an accommodation to keep up that lower Conjunctim, [Page 15] which they despair to uphold divisim) establish the military and civil power without him, according to their desires, and in order to their ayms; Quaere, whether the said leading men setled in their posture, with their confident guards about them, may not draw after them so many of their party as upon an implicite faith will follow them, and lick up the crums of the publick spoiles under their tables, expelling or disabling (as aforesaid) the disin­gaged Members, and by this policy make themselves perpetual Dictators, incorporating and ingrossing to themselves both the Consultive, Directive, & Ministerial power of the Kingdom in all causes Civil and Military, setting up an Oligarchy or popular Tyranny instead of a Regal, as the thirty Tyrants of A [...]hens did. In order whereto, they already declare, 1. That an Ordinance of Parliament, without the Kings royal assent, is equal to an Act of Parliament. 2. That an Ordinance is a above a Law by virtue of their legislative power: upon which presuming in their Ordi­nance of Indempnity, they have granted an appeal from the Judges of the Law to a Committee of Parliament; see the Ordi­nance May 21. 1647. 3. That they are the irrevocable Trustees of the peoples Lives, Liberties and Properties, without account, with other principles preparative to Tyranny.

3. Quaere, Why Arbitrary and Barbarous Government by Committees and other illegal proceedings (which in time of war were used upon real or pretended necessity, and were then only excusable, because necessitas tollit Legem) are stil continued up­on us now in time of peace, no enemies troubling our quiet; and without any further pretence of necessity, contrary to their Nati­onal Covenant, and all their Declarations? is it not to inure the people to servitude, and exercise their patience?

4. Quaere, Whether the prodigious oppressions of Committees, Sequestrators, &c. and of Free-quarter, be not purposely counte­nanced to necessitate the people to rise in tumults, that thence oc­casion may be taken to keep In-land Garrisons and Armies?

5. Quaere, Whether our Laws, Liberties and Properties, are not now as liable to an invasion from the Legislative power, as formerly from the Prerogative? considering that those who like ambitious Absalom courted and wooed the people in the beginning of trou­bles, now like haughty Rehoboams care not though the people complain, their little finger is heavier than the loyns of the King, the controversy between the 2 Juntoes being no more, than whose slaves we shall be.

[Page 16]6. Quaere, Whether if the King hereafter tread in the steps of this Parliament, and their Committees, he will not be a greater ty­rant than either the Turk, Russe, or French, and have as absolute dominion over his Subjects, as the Devil hath over damned Souls in Hel? and how dangerous these presidents may be to those Laws and Liberties which we have sworn to maintain.

23 If the middle and disingaged men in the House, do not speedily unite themselves into a party or Junto, Middle and modera [...]e Members again. as the factious have done, and communicate their counsels, they will be arena sine calce, loose and dissipated by every breath: and neither serviceable for them­selves nor their Country. Whereas if they unite, twenty or thirty may become Moderators and Umpeers between both parties, (as hath been already said;) let the moderate men but consider how sad and dishonourable a thing it is, to see nothing almost of great and publick concernment come into the House, but what hath been before hand contrived, debated, and digested in one or both of the two Junto's at their private meetings, and put into so resol­ved and prejudicate a way and method of dispatch, that every man is appointed his part or Cue before-hand; one man to move it, and set it on foot, another to second him; one man speak to one part of the Argument, another to another part; another to keep himself to the last for a reserve, and speak to the questi­on, which he is provided to qualifie with a distinction, or vary it, if he find it difficult to pass. Thus all publick businesses are measured by private respects; whereby it appears, that as frequent Parl. are good Physick, so continual Parl. are bad food; and the peo­ple may complain, that qui medicè vivit, miser [...] vivit. Parliaments are Bona peritura; they cannot keep long without corruption. Their perpetuity emboldens the Members, by taking from them all fear of being called to account, especially if they get their Sons into the Houses as well as themselves (as many have done this Par­liament, and more endeavour to do) whereby they have an estate in their places for two or three lives. Moreover by long sitting they become so familiar with one anothers persons and designs, as to serve one anothers turns, to joyn interests, and to draw into facti­ons, Hodie mihi, cras tibi. If you and your party will help me to day, I and my friends will help you to morrow.

24 Miserima Resp. ubi majestas Imperii, & salus populi discordibus conflictantur studiis. Conclusion with some complaints, What shall we say? ‘En quo discordia terra—perduxit miseros?’

Shall we complain to God? God hath a controversie with us. Of whom shall we complain? Of our selves? we must first reform our selves: We that take upon us to reform Church and Common-wealth; Shall we complain of our sinnes? Ask the grace of repentance first, and so ask that we may obtain. Shall we complain of our punishments? Let us first repent, and amend our sins that caused them. Let us first pluck off the mask of hy­pocrisie, God will see thorough such a fantastical garment of Fig­leaves. Let us no longer make Religion a stalking-horse; God, who is all Wisdome and all Truth, will not be deceived. If we talk like Christians, and walk like Turkes, Christ will not own us. To fast for a day, and hang our heads like bulrushes, will not reconcile us. We must fast from publique spoyls, rapines, and oppression, and not drink the tears of the poor and needy. Shall we complain with the Prophets; That our Princes are become Theeves? that was heretofore our complaint, now we must in­vert it, and cry, That our Theeves (mean and base people) are become Princes. We are sick, very sick, intemperatly sick, and God hath given us a Physitian in his wrath, a Leper as white as Snow, fitter to infect, than cure us. What Physick doth he pre­scribe? Poyson. What dyet? Stones instead of bread, Scorpions instead of fishes, hard fare for them that formerly fed so daintily. Before I conclude, let me give you the pedigree of our Miseries, and of their Remedies. A long Peace begat Plenty, Plenty begat Pride, and her Sister Riot, Pride begat Ambition, Ambition be­gat Faction, Faction begat Civil Warre: And (if our evils be not incurable, if we be not fallen in id temporis quo nec vitia nostra, nec eorum remedia ferre possumus) our Warre will beget Poverty, Poverty Humility, Humility Peace again, S [...]c rerum revertentibus vicibus annulus vertitur Politicus. The declining spoak of the wheel will rise again. But we are not yet sufficiently humbled, we have not repented with Ninivy. We wear Silks and Velvets, instead of Sach-cloath and Ashes (even the meanest up-start hath his thefts writ upon his back by his Taylor in proud Cha­racters of Gold Lace) we have not watered our Couch with our Tears, but with an adulterous sweat. Look to it therefore ye State Incubi, that by an incestuous copulation have begot Plenty upon War, and filled your houses with the spoyl and plunder of your dear Country; an inundation of blood, and of the tears of the oppressed, will wash away the foundation of your houses: [Page 18] And peace will be far from you in this World, but especially that peace which the world cannot give: And because Salamander-like you delight in the fire of Contention, an unquenchable fire will be your lot hereafter. And though you escape all accounts here, yet upon the great day of account when you shall receive your sentence of condemnation, those your Children for whose prefer­ment you sell your Souls, your God for gold, shall not shew so much thankfulness or pity towards you, as to say, alas our Father! But your hearts are hardned with Phoraoh, I leave you therefore to Pharaohs destiny, to be drowned in your own Red sea, as he was in his.

25 Thus far I adventured to vindicate our Religion, Laws, and Liberties with my pen; Resolution & scope of the Author. in discharge of my Conscience, and pur­suance of our National Covenant, which obligeth us to defend them against whosoever to our power, neither knowing nor ca­ring whether in so wicked an age (wherein vice is honoured, and vertue contemned) I may be thought worthy of punishment for being more righteous than my superiors. I know an honest man is wondred at like a monster, and the innocency of his life and con­versation suspected as a Libel against the State, yet if I perish I perish; & pereundum in licitis: nor am I less provided of a safe retreat than our Grandees, my grave is open for me, and one foot in it already. Contempsit omnes ille qui mortem prius. He that contemns Death, scorns both Hope and Fear; which are the only affections that make Knaves, Fools and Cowards of all the World. The world is a goodly Theater, we are the actors, God is Poet and chief spectator; we must not choose our own parts, that is at Gods appointment; one man he appoints to play the King, ano­ther the Begger; one a Comick, another a Tragick part; whatso­ever part God hath appointed for me in this remainder of my life, I will have a care to personate it ingenuously and aptly, not doubt­ing but my Exit shall be accompanied with an applause into my Tyring-room, my Tombe; nor will I refuse the meanest part that may draw a plaudit from so excellent a spectator, but will prepare my self for the worst of evills in this worst of times, and pray to God to Reform our Reformers. Amen.

The History of INDEPENDENCY.

YOU have in The mystery of the two Juntoes, The Prea [...] ble. Presby­terian and Independent, presented to your view these two Factions, (as it were in a Cockpit pecking at one another) which rising origi­nally from the two Houses and Synod, have so much disturbed and dislocated, in every joynt, both Church and Common-wealth. I must now set before you Independency Triumphant, rousing it self upon its Legs, clapping its wings, and crowing in the midst of the Pit, with its enemy under its feet, though not yet well resolved what use it can or may make of its Victory.

But before I go any farther, it is fit I tell you what Indepen­dency is.

It is Genus generalissimum of all Errors, Heresies, Blasphemies, 1 What Inde­pendency is and Schisms; a general Name and Title under which they are all united, as Sampson's Foxes were by the Tails. And though they have several opinions and fancies (which make their verti­ginous heads turn different wayes) yet profit and preferment (be­ing their Tails) their last and ultimate end by which they are go­verned (like a Ship by his Rudder) and wherein they mutually correspond; the rest of their differences being but circumstantial are easily plaister'd over with the untempered Morter of hypocri­cy by their Rabbies of the Assembly, and their Grandees of the two Houses and Army, in whom they have an implicite faith. As Mahomet's Alchoran was the Gallemaufry of Jew and Chri­stian; so are they a Composition of Jew, Christian, and Turk; Independen [...] is compoun [...] ed of Judaism with the Jew they arrogate to be the peculiar people of God, [Page 28] the Godly, the Saints, who only have right unto the Creatures, and should possess the good things of this World, all others being Usurpers; a Tenent so destructive to humane society and civil Government, that by vertue hereof they may and do by fraud, or force, Tax, eat up with Free-quarter, cozen and plunder the whole Kingdom, and count it but robbing the Egyptians: To this purpose they overthrow all the Judicatures, Laws, and Li­berties of the Land, and set up Arbitrary Committees, Martial-Law, and Weather-cock Ordinances in their room, made and unmade by their own over-powring faction in Parliament at pleasure, with the help and terror of their Janisaries, attending at their doors.

[...]ristianism.With the Christian, some of them (but not all) acknowledge the Scriptures, but so far only as they will serve their turns, to Pharise themselves, and Publican all the World besides; men filled with spiritual pride, meer Enthusiastiques, of a speculative and high flying Religion, too high for Earth, and too low for Heaven; whereas a true and fruitful Religion (like Jacob's Lad­der) Stat pede in terris, caput inter nubila condit, must have one end upon earth, as well as the other in Heaven. He that acknow­ledgeth the duties of the first table to God, and neglecteth the duty of the second table to Man, is an Hypocrite both against God and Man.

[...]rcism.With the Turk they subject all things, even Religion, Laws, and Liberties (so much cried up by them heretofore) to the power of the Sword, ever since by undermining practices and lies they have jugled the States Sword into the Independent Scabbard.

[...]he Earl of [...]sex and Sir [...]ill. Waller [...]dermined [...] let in the [...]dependents.The Earl of Essex, General of all the Parliaments Forces (a man though popular and honest, yet stubbornly stout, fitter for Action than Counsel, and apter to get a victory than improve it) must be laid by, and his Forces reduced. The like for Sir William Waller and his Forces; that Commanders of Independent Princi­ples and Interests, with Soldiers suitable to them, might by de­grees be brought into their room to reap the harvest of those crops which they had sowen.

This was the ground-work of the Independent design, to mono­polize the power of the Sword into their hands.

This could not be better effected than by dashing the Earl of [Page 29] Essex and Sir William Waller one against another: for which pur­pose the hot-headed Schismatique Sir A. Haslerigge was imploy­ed with Sir William Waller and some others (whose Ashes I will spare) with the E. of Essex to break them one upon another. This was at last effected by taking advantage of their several misfor­tunes: the one at Lislethyell in Cornwall, the other at the Devises in Wiltshire, where Haslerigge (a man too ignorant to command, and too insolent to obey) not staying for the foot, who lay round about the Devises in a storming posture, charged up a steep hill with his Horse onely against the Lord Wilmots Party, one Divi­sion so far from another, that the second Division could not re­lieve the first, thereby freeing Sir Ralph Hopton from an assured overthrow, and bestowing an unexpected Victory on the L. Wil­mot: he received a wound in his flight, the smart whereof is still so powerfully imprinted in his memory, that he abhors fighting ever since; witnesse his praying and crying out of Gun-shot at the Battle at Cheriton, when he should have fought; and his com­plaints openly made in the House of Commons of the Earl of Stanford for Bastonadoing him. Which rashnesse of his (if it de­serve not a worse name) was so far from being discountenanced, that he received not long after a gift of 6500 l. from the House, and is lately made Governour of Newcastle, and 3000 l. given him to repair the works there. I shall not need the Spirit of Pro­phecy to foresee, that the tenth part of the said 3000 l. will not be bestowed upon those Works. Thus was he favoured by his party in the House, who were thought to look upon this action as an acceptable service.

In farther porgresse of this design, Manchester (a Lord, 3 The Earl of Manchester undermined. and therefore not to be confided in) was undermined and accused by his Lievt. General Cromwell of high Crimes, whom he again re­criminated with a Charge of as high a nature; and when all men were high in expectation of the event, it grew to be a drawn bat­tle between them; whereby, all men concluded them both guil­ty: Manchester was discarded.

Out of the ashes of these three arose that Phoenix (forsooth a new moddell'd Army, under the Command of Sir Thomas Fair­fax, a Gentleman of an irrational and brutish valour, fitter to follow another mans counsel than his own, and obnoxious to [Page 30] Cromwel, and the Independent faction (upon whose bottome he stands) for his preferment, it being no dishonour to him to be­come the property to a powerful Faction.

4 The Victories [...]f the new [...]odel how [...]tchieved.It pleased God to bestow many Victories upon this Army over the Kings Forces, then strong in bulk, but weakned by Factions, want of pay, and other distractions (wherby many of their Com­manders not confiding in one another, began to provide for their future safety and subsistence) but above all, they had generally lost the peoples affections. To these their Victories, the constant pay, and supplies, and all other helps and encouragements from a concurring State, which their working and restless Faction care­fully accommodated them withal, (far beyond what any other Army had formerly) did much conduce, in so much as they clea­red the Field, and took in all the enemies Garisons, with so much facility, that to many men they seemed rather Caupo­nantes bellum quam belligerantes, to conquer with silver than with steel: a good Purse is a shrewd weapon.

5 Artifices to make Crom­wel and his [...]ew Model popular.Thus this Faction having got a General fit for their turn, and a Lievtenant General wholly theirs in judgement and interest, were diligent to make him famous and popular, by casting upon him the honour of other mens atchievements and valour. The News-books taught to speak no language but Cromwel, and his Party; and were mute in such actions as he and they could claim no share in; for which purpose the Presses were narrowly watch­ed. When any great exploit was half atchieved, and the diffi­culties overcome, Cromwel was sent to finish it, and take the glory to himself, all other men must be eclipsed, that Cromwel (the Knight of the Sun, and Don Quixot of the Independents) and his Party may shine the brighter.

6 The new Model new-modelled by degrees to put the Sword into the hands of Schismaticks.And that Cromwels Army might be suitable to himself, and their Designs carried on without interruption or observation of such as are not of their Principles, all the Sectaries of England are invited to be Reserves to this Army; and all pretences of scandals and crimes laid hold of at their own Councils of War, to casheer and disband the Presbyterian party, that Independents might be let into their rooms, though such as (for the most part) never drew Sword before: so that this Army (which boasteth it self for the Deliverer, nay the Conquerour of two Kingdoms) is [Page 31] no more the same that fought at Nazeby, than Sir Francis Drakes Ship that brought him home, can be called the same Ship that carried him forth about the Earth, having been so often repair­ed, and therefore suffered so many substractions and additions, that hardly any of the old vessel remained. It was therefore nominally and formally, not really and materially the same.

The said mystery of the two Juntoes farther tells you, that the Independent Junto bottomed all their hopes and interests upon keeping up this Army, whereby to give the Law to King, King­dom, Parliament and City, and to establish that Chimaera called Liberty of Conscience. That this was Cromwels ambition former­ly, the Earl of Manchester's aforesaid Charge against Cromwel (though let fall without prosecution, lest so great a mystery should be discovered) makes it probable, and his later practices upon which I now fall makes it infallible.

The Houses long since (for ease of the people) in a full and free Parliament, ordained the disbanding of this Army: 7. The Army voted to be disbanded through Cromwels craft. only 5000. Horse, 1000. Dragoons, and some few Fire-locks to be continued in pay for safety of this Kingdom, and some of them to be sent for Ireland: for which purpose they borrowed 200000 l. of the City (being the same sum which disbanded the Scots) and for the rest of their Arrears, they were to have De­benters and Security without all exceptions; such terms of ad­vantage as no other disbanded Souldiers have had the like, nei­ther are these like to attain to again: so that they have brought the Souldiers into a loss, as well as into a labyrinth; their con­tinuing in arms without, nay, against lawful Authority, being a manifest act of Treason and Rebellion, and so it is looked upon by the whole Kingdom; nor can the Parliaments subsequent Ordinances (which all men know to be extorted by force, as hereafter shall appear) help them.

To the passing of this Ordinance, Cromwels Protestation in the House with his hand upon his brest, In the presence of Almighty God, before whom he stood, that he knew the Army would disband and lay down tbeir Arms at their door, whensoever they should com­mand them, conduced much: this was maliciously done of Crom­wel to set the Army at a greater distance with the Presbyte­rian Party, and bring them and the Independent party neerer [Page 32] together; he knew the Army abominated nothing more than Disbanding and returning to their old Trades, and would hate the Authors thereof.

8. Agitators rai­sed by Cromw.And at the same time when he made these protests in the House, he had his Agitators ( Spirits of his and his Son Ireton's conjuring up in the Army, 9. The beginning of the project to purge the Houses. though since conjured down by them without requital) to animate them against the major part of the House (under the notion of Royalists, a Malignant party and Enemies to the Army) to engage them against Disbanding and going for Ire­land, and to make a Traiterous Comment upon the said Ordi­nance, 10. The Army put into mutiny a­gainst the Par­liament, wher­by Cromwell monopolizeth the Army. to demand an Act of Indemnity, and relie upon the ad­vice of Judge Jenkins for the validity of it, and to insist upon many o [...]her high demands; some private, as Souldiers; some publique, as States-men.

Cromwell having thus by mutinying the Army against the Par­liament, made them his own, and monopolized them, (as he did formerly his Brew-house at Ely) which he might easily do, 11. Cromwel's fa­mily in the Army. ha­ving before-hand filled most of the chief Officers in the Army with his own kindred, allyes, and friends, (of whose numerous family, 12. Cromwel and Ireton usurp Offices in the Army. Lievt. Col. Lilburn gives you a list in one of his Books) he now flies to the Army, doubting (his practises discoverd) he might be imprisoned: where he and Ireton assuming Offices to them­selves, acted without Commission; having not only been ousted by the self-denying Ordinance, (if it be of any power against the godly) but also their several Commissions being then expired; and Sir Thomas Fairfax having no authority to make General Officers, as appears by his Commission (if he make any account of it) and therefore Sprig, alias Nathaniel Fines, in his Legend or Romance of this Army, called Anglia Rediviva, sets down two Letters sent from Sir Thomas Fairfax to the Speaker William Lenthal, one to desire Cromwel's continuance in the Army, ano­ther of thanks for so long forbearing him from the House: see Ang. Red. p. 10, 11, 29. which needed not, had he been an Offi­cer of the Army.

And now both of them bare-faced, and openly, joyn with the Army at Newmarket, in trayterous Engagements, Declarations, Remonstrances, and Manifesto's; and Petitions penn'd by Crom­wel himself, were sent to some Counties to be subscribed, against [Page 33] supposed Obstructors of justice, and Invaders of the Peoples Li­berties in Parliament; and the Army at Newmarket and Triplo-Heath prompted to cry, justice, justice against them; and high and treasonable demands, destructive to the fundamental priviledges of Parliament were publickly insisted upon; many of which for quietnesse sake, and out of compassion to bleeding Ireland, were granted; yet these restless spirits (hurried on to further designs) made one impudent demand beget another, and when by Letters and otherwise they had promised, That if their then present de­mands were granted, they would there stop and acquiesce; yet when they seemed to have done, they had not done, but deluded and evaded all hopes of Peace by mis-apprehension, and mis-constru­ction of the Parliaments concessions; making the mis-interpreta­tions of one grant, the generation of another demand, so that al­most ever since the Parliament hath nothing else to do but en­counter this Hydra and roll this stone.

Having thus debauched the Army, Securing Ox­ford, & plun­dring the King from Holdenby he plotted in his own Cham­ber the securing the Garison, Magazine, and Train of Artilery at Oxford, and surprizing the Kings person at Holdenby; which by his Instrument Coronet Joyce, with a commanded party of Horse, he effected; and when Joyce (giving Cromwel an account of that action) told him, He had now the King in his power; well (replied Cromwel) I have then the Parliament in my Pocket. O insolent Slave! O slavish English! thus to suffer your King and Parliament, together with your Wives and Children, Religion, Laws, Liberties, and Properties, to be Captivated by so con­temptible a Varlet. If our Noble Ancestors (who vindicated their Liberties, and got Magna Charta by the Sword) shall look down from Heaven, and see their Posterity so cowardly resign them to a handfull of bloody, cheating Shismaticks, they will not own us, but take us for Russian Slaves, French Peasants, and cry out, that we are a Bastard brood, Servi natura, born for bondage; yet afterwards (having recourse to his usual fa­miliarity with Almighty God) Cromwel used his Name to protest his ignorance and innocence in that businesse, both to the King and Parliament, adding an execration upon his Wife and Chil­dren to his protestation; yet Joyce is so free from punishment, that he is since preferred, and his Arrears paid by their [Page 34] means; and though both Houses required the Army to send his Royal Person to Richmond, to be there left in the hands of the Parliaments Commissioners, whereby both Kingdoms might freely make addresses to him, (for they had formerly excluded and abused the Scots Commissioners, contrary to the law of Na­tions, and Votes of both Houses, and yet then granted free ac­cess to the most desperate persons of the Kings Party) yet they could obtain no better answer from these Rebellious Saints, than That they desired no place might be proposed for his Majesties residence nearer London, Manifesto of the Army June 27. 1647 than where they would allow the Quarters of the Ar­my to be. This was according to their old threats of marching up to London, frequently used when any thing went contrary to their desires; they knew what dangerous and troublesome guests we should find them here.

How much is this Army degenerated since Cromwel and his demure white-livered Son-in-law Ireton poysoned their manners with new principles? Anglia Rediviva p. 247. tells us, that about Woodstock private overtures were made by some from Court for receiving his Majesty, who was minded to cast himself upon the Army; but such was their faithfulness in that point, that con­ceiving it derogatory to the honour and power of Parliament, (for his Majesty to wave that highest Court, and address him­self to any others) and therefore inconsistent with their trust and duty, being servants of the State, they certified the Parliament thereof, and understanding it to be against their sense also, they absolutely refused to be tampered with. Oh, how faithful then! how perfidious and Cromwellized are they now! let their fre­quent tampering with the King and His Party, to the amazement of the Kingdom, and the abusing of the King, testifie. Read Putney Projects written by a considerable Officer of the Army, and a friend to Cromwel, though not to his false practices.

14. Their project to keep the Parliament in Wardship.Having thus gotten the King (the first and most visible legal authority of England) into their possession, their next design is to get the Parliament (the second legal authority of England) into their power.

15. Purging the Houses again.This could not be effected but by purging the two Houses of Presbyterian Members (especially the most active, and such as had laboured their disbanding) that an Independent Parliament and [Page 35] Army might govern the Kingdom: In order to which design they sent to the House of Commons in the name of Sir Thomas Fair­fax and the Army, 16. Accusing the 11. Members. a general and confused Charge of High Treasons and other mis-demeanours against eleven Members, for things done (for the most part in the House) and many of the principal, such as the House had long before examined and acquitted them of, and such as the whole Kingdom knows Cromwel and Ire­ton to be apparently guilty of; as, Trucking with the King, &c.

One cheif Article insisted upon in the Charge was, That by their power in the House, they caused the Ordinance for Disbanding this Army to pass. Here you see where the shooe wrings them; This Charge was not subscribed by any informer that ingaged to make it good, or else to suffer punishment, and make the House and the parties accused, reparations: as by the Stat. 25. Ed. 3. c. 4. 27. Ed. 3. c. 18. 38. Ed. 3. c. 9. 17. R. 2. c. 6. 15. H. 6. c. 4. but es­pecially by 31. H. 6. c. 1. concerning Jack Cade (which comes nea­rest this case) ought to be; and they professed in the 2. 3. 4. Article of their Charge, That they were dis-obliged and discouraged from any further engagement in the Parliament service, or Irelands pre­servation; And demanded the House should forthwith suspend the im­peached Members from any longer sitting and acting. Whereupon, the House after full debate in a full and free Parliament, Resol­ved, June 25. 1647. That by the Laws of the Land no judgment could be given for their suspention upon that general Charge, before particulars produced, and proofs made; Yet the Army (which had now learned only to acquiesce in their own prudence and justice) insolently threatned to march up to Westminster against the Parlia­ment, 17. Threats to march up to London. in case the said 11 Members were not suspended; and cour­ted the City of London to sit Newters, 18. London solici­ted to fit Newters. and let them work their will with the Parliament.

The 11. impeached Members therefore modestly withdrew to free the House from such danger, as they might incur by prote­cting them, as in Justice and Honour they were bound to do: After this, the Army sent in their particular Charge; and libel­lously published it in print by their own Authority. To which the 11. Members sent in, and published their Answer. Upon which there hath been no prosecution, because they pretend first [Page 36] to settle the Kingdom, b [...]t if they stay till these fellows have ei­ther authority, will, or skill to settle the Kingdom, they shall not need to make ready for their tryal till Dooms-day; Here you have a whole Army for Accusers, and the chief Officers of the Army (being Members of the House) not only accusers, but parties, Witnesses, and Judges, and carrying the Rules of Court, and Laws by which they judge, in their Scabards. And the Charge of Im­peachment, such (as all men know) mutatis mutandis are more suit­able to Cromwells and Iretons actions, than the accused Parties. If the proceeding in the Kings name against the 5 Members men­tioned in The exact Collection part. 1. p. 38. were Voted A Tray­terous design against King and Parliament, and the arresting any of them upon the Kings Warrant, an Act of publick enmity against the Common wealth: How much more Treasonable were these pro­ceedings; and the Armies March towards London to enforce them; and their arresting Anthony Nichols, having the Speakers Passe, and leave of the House; Colonel Burch, being upon service of the Parliament going for Ireland; and Sir Samuel Luke, resting quiet in his own house?

19. The first occa­sion of quarrel against the City.Whilst these things were acting, Cromwel finding he could not have his will upon the Parliament, but that he must make the City of London, (who had denied the neutrality) his Enemies, cast about how to cheat the Country people of their affections; (for to have both City and Country his Enemies in the posture his Army was then in, 20. Courting and cheating the Country and all other inte­rest to lull them a sleep till the Gran­dees had wrought their will upon the City and Houses. was dangerous) he therefore by many Print­ed Books and Papers, spread all England over by his Agita­tors, and by some Journey-men Priests (whose Pulpits are the best Juglers boxes to deceive the simple) Absolom-like, wooeth them to make loud Complaints of the pressures and grievances of the People: to neglect the King and the Parliament, and make Addresses to the Army as their only Saviours, the Arbitrators of Peace, Restorers of our Laws, Liberties and Properties, Setlers of Religion, Preservers of all just interests: pretended to settle the King in his just Rights and Prerogatives; to uphold the Pri­vileges of Parliament, 21. Petitions to the Army, and for the Army. establish Religion, to reform, and bring to account all Committees, Sequestrators, and all others that had defiled their fingers with publique money or goods; To free the people from that all devouring Excise and other Taxes; to re­dresse [Page 37] undue elections of Members; To relieve Ireland: Things impossible to be performed by an Army, and now totally for­gotten; so that they have only accepted of their own private demands as Souldiers; That the Parliament should own them for their Army; Establish pay for them; put the whole Militia of this Kingdom, and Ireland both by Sea and Land, into their Hands, and Vote against all opposite Forces. But they are now become the only Protectors of all corrupt Committee-men, Sequestrators, Accomptants to the State, and all other facinorous persons, who comply with them to keep up this Army, for their own security against publick justice.

Having thus courted and cheated all the publick and just In­terests of the Kingdom, they deceived the people so far as to make them Issachar-like, patiently to bear the burden of free-quar­ter, and to make addresses to the Army for themselves; by Peti­tions, to which they gave plausible answers, That this, and this was the sense of the Army: As if the sense of the Army had been the supreme Law of the Land, and to make addresses to the Parlia­ment for the Army not to be disbanded, (for which purpose their Agitators carried Petitions ready penned to be subscribed in most Counties.)

The Peo [...]le being thus lulled asleep, 22. A quarrel a­gainst the City invented. they now cast about how to make benefit of a joynt quarrel both against the Parliament and City, (since they could not separate them) or at least against the Presbyterian party in both; they had withdrawn their quar­ters (in a seeming obedience to Parliaments commands) 30 miles from London (of which they often brag in their Papers) and pre­sumed the suspension of the 11. Members, had struck such an aw­fulness into the Houses, that most of the Presbyterian Members would either absent themselves, (as too many indeed did) or turn Renegadoes from their own principles to them: but found them­selves notwithstanding opposed, and their desires retarded (be­yond their expectation) by the remainder of that party. 23. The Army de­mand the City Militia to be changed into other hands. They must therefore find out a quarrel to march against the City, and give the Houses another Purge, stronger than the former.

The Army being principled, and put into a posture sutable to Cromwels desire, and the Country charmed into a dull sleep, now was his time to pick a quarrel with the City, that what he could [Page 38] not obtain by fair means, he might obtain by foul, to make them desert and divide from the Parliament, and leave it to be mo­delled according to the discretion of the Souldiery. He could not think it agreeable to policy, that the City which had slai [...] his Compeer and fellow Prince Wat Tyler (the Idol of the Commons in Richard the seconds time) and routed his followers (four times as many in number as this Army) should be trusted with their own Militia, the City being now greater, more populous and powerfull than in his days. In a full and free Parliament upon mature debate, both Houses by Ordinance (dated 4 May 1647.) had established the Militia of the City of London for a year, in the hands of such Citizens, as by their Authority and approbation were nominated by the Lord Mayor, Aldermen, and Common-Council; and though the Army had recruted it self without Au­thority, and had got themselves invested with the whole power of all the Land forces of the Kingdom in pay of the Parliam. so that there was nothing left that could be formidable to them but their own crimes; and that it was expected they should go roundly to work upon those publick remedies they had so often held forth to the people in their popular Printed Papers: See the Letter and Remon­strance from Sir Tho. Fair­fax and the Army, p. 8. 9. Yet the Army (contrary to what they promised to the City in their Letter 10. June, and their Declaration or Representation, 14 June, 1647. That they would not go beyond their desires at that time expressed, and for other particulars would acquiesce in the Justice and wisdom of the Parliament (behold their modesty!) by a Letter and Remonstrance from Sir Thomas Fairfax and the Army, with un­resisted boldness demanded the Militia of the City of London to be returned into other hands; without acquainting the City of their Commissioners (then resident in the Army to keep a good correspondency with them) therewith; upon which Letter alone, the House of Commons (being very thin, and many Members driven away by menaces) upon July 22. Voted the repealing the said Vote of 4 May, and a new Ordinance for reviving the old Militia, presently passed and transmitted to the Lords the same day about seven of the clock at night, and there presently passed without debate, though moved by some to be put off until the Ci­ty (whose safety and privileges it highly concerned) were heard what they could say to it.

Observe that neither by the said Paper from the Army; nor by any man in the two Houses, any thing was objected against any of the new Militia.

And indeed, formerly the Parliament never made choice of, enlarged, or changed the City Militia, but they were still pleased fi [...]st to communicate the same to the Common-Council; a Re­s [...]ect justly shewed to that City which had been such good friends to them; but of late, since the Parliament have shifted their old P [...]inci [...]les and Interests, they have learned to lay by their old Friends. The pretence for this hasty passing the Ordinance, was to prevent the Armies so much theatned march to London, if the Houses refused to pass it; and the Cities opposition, if not passed before their notice of it. But the real design was to strike a dis­content and jealousie into the City, thereby to force them to some act of self-defence, which might give a colour to the Army to march up against them, and their friends in the Houses.

The unexpected news of this changing their Militia, 24. The City trou­bled at the change of their Militia. caused the City ( June 24. being Saturday) to meet in Common-Coun­cil, where, (for some reasons already expressed) and because the repealing this Ordinance upon no other grounds than the Ar­mies imperious desires, might justly be suspected, to shake all other Ordinances, for security of Money, sale of Bishops Lands, I appeal to Colonel Har­vy, whether this did not fright him? by ma­king them repealable at the Armies pleasure; they resolve to Petition the House upon Monday morning following, being 26. July, which they did by the Sheriffs and some Common-Coun­cil men; But so it hapned, that about one thousand Apprentices wholly unarmed, 25. The City Pe­tition the Houses for their Militia again. came down two or three hours after with ano­ther Petition, of their own, to the Houses; Therein complaining, that to Order the Cities Militia was the Cities Birth-right belong­ing to them by Charters confirmed in Parliament, for defence whereof they had adventured their lives as far as the Army; And desired the Militia might be put again into the same hands in which it was put with the Parliaments and Cities consent by Ordinance, May 4. 26. The tumult of Apprentices, 26. July.

Upon reading these Petitions, the Lords were pleased to revoke the Ordinance of July 23. and revive that of May 4. by a new Ordinance of July 26. which they presently sent down to the Commons for their consents, where some of the Apprentices (pre­suming they might have as good an influence upon the House to [Page 40] obtain their due, as the Army in pay of the Parliament had to ob­tain more than their due) in a childish heat were over-clamorous to have the Ordinance passed, refusing to let some Members pass out of the House, or come forth into the Lobby when they were to divide upon the question about it, (so ignorant were they of the customes of the House) which at last passed in the affirmative about three of the clock afternoon; 27. The Tumult of Apprentices ceased, but ar­tificially con­tinued by Se­ctaries. and then most of the Ap­prentices departed quietly into the City. After which, some disor­derly person (very few of them Apprentices) were drawn toge­ther and instigated by divers Sectaries and friends of the Army who mingled with them (amongst whom one Highland was ob­served to be all that day very active; who afterwards [26. Sept.] delivered a Petition to the House against those Members that sate, and was an Informer and Witness examined about the said Tu­mult) gathered about the Commons door and grew very outra­gious, compelling the Speaker to return to the Chair after he had adjourned the House; and there kept the Members in until they had passed a Vote, That the King should come to London to Treat.

This was cunningly and premeditately contrived, to encrease the scandal upon the City; yet when the Common-Council of Lon­don heard of this disorder as they were then sitting; they present­ly sent down the Sheriffs to their rescue with such strength as they could get ready (their Militia being then unsetled by the con­tradicting Ordinances of the Parliament) who at last pacified the Tumult, and sent the Speaker safe home; which was as much as they could do in this interval of their Militia, being the Houses own Act.

28. The Speaker of the Com­mons com­plained of a report, that he meant to flie to the Army; yet run away to the Army:The Lords adjourned until the next Friday; the Commons but until the next day. Tuesday morning the Commons sate again quietly, and after some debate adjourned until Friday next, be­cause the Lords had done so.

The next day being Wednesday, the monthly Fast, the Speaker and Members met in Westminster Church; where the Speaker complained (in some passion) to Sir Ralph Ashton and other Members, of a scandalous report raised on him in the City, as if he intended to desert the House, and fly to the Army, saying, he scorned to do such a base, unjust, dishonorable act; but would rather die in his House and Chair: which being spoken in a time and [Page 41] place of so much reverence and devotion, makes many think his secret retreat to the Army (the very next day) proceeded not so much from his own judgment, as from some strong threats from Cromwel and Ireton (who were the chief contrivers of this despe­rate plot to divide the City and Houses, and bring up the Army to enthrall them both) That if he did not comply with their desires, they would cause the Army to impeach him for cousening the State of ma­ny vast sums of money.

And truly I remember I have seen an intercepted Letter, sent about the time of his flight, from the Army to Will. Lenthal Spea­ker without any name subscribed to it, only the two last lines were of John Rushworths hand; earnestly importuning him to retire to the Army, with his friends.

On Thursday morning early, 29. The City pro­claim against Tumults. the newly renewed Militia of Lon­don, made publick Proclamation throughout the City and Suburbs, and set up printed Tickets at Westminster, That if any person should distrub either of the two Houses or their Members, the Guards should apprehend them, and if resistance were made, kill them; yet notwith­standing, the Speaker and his party, (carrying the causes of their fear in their own consciences) in the evening of that day secretly stole away to Windsor to the Head-quarters.

Upon Friday morning at least 140 of the Members assembled in the House (they that fled being about 40.) 30. The Houses appear, the Speakers being at the Army. whither the Sergeant comming with his Mace, being asked where the Speaker was? answered, He knew not well; that he had not seen him that morning, and was told he went a little way out of Town last night; but said, he expected his return to the House this morning: after that, being more strictly questioned about the Speaker, he withdrew him­self, and would not be found, till the House (after four hours expectation, and sending some of their Members to the Speakers house, who brought word from his Servants, that they conceived he was gone to the Army) had chosen a new Speaker, 31. New Speakers chosen. Master Hen­ry Pelham, and a new Sergeant, who procured another Mace. The like (mutatis mutandis) was done by the Lords, to pre­vent discontinuance and fayler of the Parliament for want of Speakers to adjourn and so to continue it; 32. Petition and Engagement of the City. and take away all scruples.

As for the Petition and Engagement of the City (so much aggra­vated [Page 42] by the Independent party) it was directed to the Lord Mayor, Aldermen, and Common-Council; from divers Citizens, Comman­ders and Souldiers, and was occasioned by some intelligence they had, that the Army would demand an alteration of the City Militia, in order to a design they had against the City. It was only intended to the Common Hall, but never presented, as the Souldiers Peti­tion was to their General, which being taken notice of by the Par­liament as it was in agitation, was so much resented by the Soul­diery, as to put themselves into the posture they are now in (as Lieut. Col. Lilburn says in one of his books) to act no longer by their Commission, but by the principles of Nature and self-defence; nor did the said Engagement contain any thing but resolutions of self-defence, in relation to the City; so that we cannot see what the Army had to do to declare their sence upon it in their Letter 23. July, & so put a prejudice upon it in the Houses. I have insisted the more particularly upon this Grand Imposture, as being the Anvill upon which they hammered most of their subsequent designs, vio­lent and illegal accusations.

33. Votes passed after new Speakers chosen.The new Speakers chosen; the two Houses proceeded to Vote and Act, as a Parliament.

And first, The House of Commons Voted in the eleven impeached Members: next, They revive and set up again the Committee of safety by Ordinance of both Houses, enabling them to joyn with the Committee of the restored City Militia, giving power by several Ordinances to them, to List and raise Forces, appoint Commanders and Officers, issue forth Arms and Ammunition for defence of both Houses and the City against all that should invade them. Which Votes and preparations for their self-defence (warranted by the same law of Nature, as the Armies papers affirm) were not passed, nor put in execution untill the Army (every day recrui­ted contrary to the Houses Orders) were drawing towards Lon­don, and had with much scorn disobeyed the Votes and Letter of both Houses, prohibiting them to come within thirty miles of Lon­don.

34. Members En­gagement with the Army. The Army, to countenance their Rebellion, draw the two Speakers and fugitive Members to sit in consultation, and pass Votes promiscuously with the Council of War in the nature of a Par­liament, and to sign an Engagement (dat. 4. August) to live and [Page 43] die with Sir Thomas Fairfax and the Army under his command, af­firming therein, that generally throughout, their sense agreeth with the Declaratitn of Sir Tho. Fairfax, and his Council of War, shew­ing the grounds of their present advance towards the City of Lon­don. In which Declaration, the Council of the Army take upon them to be supreme Judges over the Parliament; Telling you who of the two Houses they hold for persons in whom the publick trust of the Kingdom remaineth, and by whose advise they mean to govern themselves in managing the weighty affairs of the King­dom. They declare against the late choice of a new Speaker by some Gentlemen at Westminster; And that as things now stand, there is no free nor legal Parliament sitting, being through the violence (26. July) suspended. That the Orders and Votes, &c. passed 29. July last, and all such as shall passe in this assembly of some few Lords, and Gentlemen at Westminster, are void and null, and ought not to be submitted unto.

Behold here, not only a power without the Parliament Houses, judging of the very essence of a Parliament, and the validity of their resolutions, but usurping to themselves a negative Voice, which they deny to the King; and yet a Schismatical faction in the 2 Houses complying with them, and betraying and prostituting the very being, Honour, and all the fundamental rights and privileges of this and all future Parliaments to an Army of Rebels who re­fuse to obey their Masters, and disband.

This Engagement so over-leavened the army, that their brutish General sent forth Warrants to raise the Trained Bands of some Counties to march with him against the City and both Houses; although Trained Bands are not under any pay of the Parliament; and therefore not under command of the General, by any Order or Ordinance. But what will not a Fool in authority do, when he is possessed by Knaves? Miserable man! His Foolery hath so long waited upon Cromwell's and Ireton's knavery, 35. The City send Commissio­ners to the Army, Fowks, Gibs, and Est­weck, by whom they are be­trayed. that it is not safe for him now to see his folly, and throw by his Cap with a Bell and his Bable.

The Earl of Essex died so opportunely, that many suspected his death was artificiall.

Yet the City were so desirous of Peace, that they sent Commis­sioners sundry times to the Army to mediate an Accord; Who [Page 44] could obtain no more equal terms of Agreement than that They should yeeld to desert both Houses, and the impeached Mem­bers: Call in their Declaration newly Printed and published: Re­linquish the Militia: Deliver up all their Forts and Line of Com­munication to the Army; together with the Tower of London, and all the Magazines and arms therein: Disband all their Forces: Turn all the Reformadoes out of the Line: Withdraw all their guards from the Houses: Receive such Guards of Horse and Foot within the Line, as the Army should appoint to guard the Houses: Demolish their works, suffer the whole Army to march in triumph through the City as Conquerours of it and the Parliament, and (as they often give out) of the whole Kingdome: tearms which they might have had from the great Turk, had he sate down before them and broken ground.

All which was suddenly and dishonourably yeelded to, and executed according, by such an Army as was not able to fight with one half of the City, had they been united: But they are the Devils seed-men, and have sown the Cockle of Heresies and Scism, so abundantly in City and Country (especially amongst the more beggarly sort) that these men joyning Principles and in­terests with the Army, weaken the hands of all opponents. They often brag that they made a civil march, free from Plunder: I Answer, they neither durst nor could do otherwise: their Soul­diers being ill armed, and so few, that they were not able to keep stands in the streets, and keep the Avenues while their Fellows dispersed to Plunder. Charles 8. with a far greater, and more Victorious Host, durst not offer violence to the far less [...] City of Florence when Signior Capona put an affront upon him in the Town-house; Bidding him beat his drums, and he would ring their Bells.

36. The fugitive Members re­turned.Upon the 6. of August, 1647. The General brought the fu­gitive Speakers and Members to the Houses with a strong Party, (who might have returned sooner without a Guard, had not their own crimes and designs hindred them) the two Palaces filled with armed guards, double Files clean through Westminster hall, up the stairs to the House of Commons, and so through the Court of Requests to the Lords House, and down stairs again into the old Palace. The Souldiers looking scornfully upon many [Page 45] Members that had sat in the absence of the Speaker, and threat­ning to cut some of their throats. And all things composed to so ridiculous a terrour, as if they would bespeak (without speaking) the absence of those Members that sat; placed the Speakers in the Chairs without Vote, out of which they had been justly Voted for deserting their calling; where the General was placed in a Chair of State, (enough to make a fool of any man that was not fit for it) and received special thanks for his service from both Speakers. And in the second place, a day of thanksgiving was ap­pointed to God, (I think) for his patience in not striking these A­theistical Saints with thunder and lightning for making him a stale to their premeditated villanies.

Here Sir Thomas Fairfax, with a breath (and before any man that was not privy to the design could recover out of his a­mazement) was made Generalissimo of all the Forces and Forts of England and Wales; to dispose of them at his pleasure: Con­stable of the Tower of London. The common Souldiers Voted one moneths gratuity, besides their pay (the Commons being in good case to give gifts before they pay debts:) left to the discre­tion of the General to set what Guards he pleased upon the two Houses. Whereby you may perceive in what unequal condition those Members that did not run away with the Speaker, do now sit; after so many reiterated threats of the General against them in his printed Papers.

After this, the General, Lieutenant General, 37. The Armies march in Tri­umph through the City: with other subse­quent Acts. Major Gene­ral Skippon (heretofore Waggoner to Sir Francis Pere, and one that hath got well by serving the City) and the whole Army, with the Train of Artillery, marched through London in so great pomp and Triumph, as if they would have the People understand that the Authority of the Kingdom (in whose hands soever it remains in these doubtfull times) must submit to the power of the Sword, the hilt and handle whereof they hold. They turn out the Lieutenant of the Tower without cause shewn. The consequences of these two actions were, that immediately the City decayed in Trade above 200000 l. a week; and no more bullion came to the Mint.

They displace all our Governours, though placed by Ordi­nance of Parliament, and put in men of their own party; for this [Page 46] encroching faction will have all in their own hands: they alter and divide the Militia of London, setting up pa [...]ticular Militia's at Westminster, Southwark, and the Hamblets of the Tower, that being so divided they may be the weaker: Demolish the Lines of Communication, that the City and Parliament may lie open to Invasion when they please, and fright many more Members from the Houses with threats, and fear of false impeachments.

The 11. impeached Members, having leave by order of the House, and license of the Speaker, some to go beyond Sea, and Anthony Nichols to go into his own Country to settle his Affairs; Some of them (as Sir William Waller, and M. Den: Hollis) were attacht upon the Sea, Nichols arrested upon the way into Corn­wall by the Army, and despightfully used. And when the Gene­ral was inclined to free him, Cromwel (whose malice is known to be as unquenchable as his Nose) told him he was a Traitor to the Army. You see now upon whom they meant to fix the peo­ples allegiance, (for where no allegiance is due, there can be no Treason) and to what purpose they have since by their 4 Votes (first debated between the Independent Grandees of the Houses and Army) laid aside the King, and (as much as in them is) taken off our Allegiance from him.

Col. Birch formerly imployed for Ireland by the Parliament, was imprisoned, and his men mutinied against him by the Army, and Sir Sam. Luke resting quietly in his own house, was there sei­zed upon, and carried Prisoner into the Army.

All these Acts of terror were but so many scarecrowes set up to fright more Presbyterians from the Houses, and make the Army masters of their Votes.

38. Proceedings of both Houses under the power of the Army.I must in the next place fall upon the Proceeding in both Hou­ses, acted under the power and influence of this all-inslaving, all-devouring Army, and their engaged party; to attain the know­ledge whereof, I have used my utmost industry and interest with many my near friends, and kinsmen sitting within those Walls, heretofore (when Kings, 39. Ordinance to Nul and Void all Acts passed in absence of the 2 runaga­do Speakers. not Brewers and Draymen, were in pow­er) the walls of publick Liberty.

The Lords that sate in absence of the two Speakers (all but the Earl of Pembrook, whose easie disposition made him fit for all companies) found it their safest course to forbear the House, [Page 47] leaving it to be possessed by those few Lords that went to, and en­gaged with the Army: which ingaged Lords sent to the Commons for their concurrence to an Ordinance, To make all Acts, Orders, and Ordinances, passed from the 26, July, (when the tumult was up­on the Houses) to the 6 of August following (being the day of the fugitive Members return) Void and Null ab initio. This was five or six several days severally and fully debated, as often put to the question, and carried in the Negative every time; Yet the Lords still renewed the same message to them, beating back their Votes into their throats, and would not acquiesce, but upon every denial put them again to roll the same stone, contrary to the privileges of the Commons.

The chief Arguments used by the engaged party were all groun­ded upon the Common places of fear and necessity: 40. Menaces used by the enga­ged party in the House. Mr. Solicitor threatning if they did not concur, the Lords were resolved to vindicate the Honour of their House, and sit no more; they must have recourse to the power of the Sword; The longest Sword take all. That they were all engaged to live and die with the Army. They should have a sad time of it. Haslerigge used the like language, farther saying, Some heads must flie off; and he feared, the Par­liament of England would not save the Kingdom of England, they must look another way for safety. They could not satisfie the Ar­my but by declaring all void ab initio; and the Lords were so far engaged, that no middle way would serve. To this was an­swered, That this was an appeal from the Parliament to the Ar­my. And when these and many more threats of as high nature were complained of, as destructive to the liberty and beings of Par­liaments, the Speaker would take no notice of it. Sir Henry Vane junior, Sir John Evelin junior, Prideaux, Gourdon, Mildmay, Thomas Scot, Cornelius Holland, and many more, used the like threats.

Upon the last Negative (being the fifth or sixth) the Speaker perceiving greater enforcements must be used) pulled a Letter out of his pocket, 41. A threatning Remonstrance from the Army to the House. From the General and General Council of the Ar­my (for that was now their stile) pretending he then received it; But it was conceived he received it over night, with directions to conceal it, if the question had passed the affirmative. It was ac­companied with a Remonstrance full of villanous language and [Page 48] threats against those Members that sate while the two Speakers were with the Army, calling them pretended Members, char­ging them (in general) with Treason, Treachery, and breach of Trust; and protested, if they shall presume to stir before they have cleared themselve [...], that they did not give their assents to such and such Votes, they should sit at their peril, and he would take them as prisoners of War, and try them at a Council of War.

What King of England ever offered so great a violence to the fundamental Privileges of Parliament, as to deny them the Liberty of Voting I and No freely? Certainly the little finger of a Jack Cade, or a Wat Tyler, is far heavier than the loynes of any King.

Many Members were amazed at this Letter, and it was moved, That the Speaker should command all the Members to meet at the House the next day; and should declare, That they should be secured from danger: And that it might be ordered, That no more but the ordinary Guards should attend the house. But these two motions were violently opposed with vollies of threats, by the aforesaid Parties and others. And after more than two hours debate, the Speaker refused to put any question upon them, or any of them; and so adjourned to the next mor­ning, leaving the Presbyterian Members to meet at their Pe­ril.

The next day being Friday, the 20. August, there was a very thin Assembly in the House of Commons; the House having with so much violence denyed protection to their Members the day before, made most of the Presbyterian party absent. Some went over to the Independent party: others sate mute. At last a Com­mittee was appointed presently to bring in an Ordinance of Ac­commodation; which was suddenly done and passed, and is now printed at the latter end of the said menacing Remonstrance of the Army: a Child fit to wait upon such a Mother.

42. Debate in pas­sing the Ordi­nance of null and void.Thus was this Ordinance of null and void gotten (which hath been the cause of so much danger and trouble to multitudes of people) by the Lords reiterated breaches upon the Privileges of the House of Commons; The engaged parties threats within dores: The Armies thundring Letters and Remonstrance, Their [Page 49] Guards upon their doors, and a Regiment or two of Horse in Hide Park, ready to make impressions upon the House, in case things had not gone to their minds: diverse of whose Comman­ders walking in the Hall, enquired often how things went: prote­sting, they would pull them forth by the Ears if they did not give speedy satisfaction.

Thus for the manner of passing that Ordinance.

The matter of Argument used against it was (as far as I can hear) to the purpose following: It was alleged that the Force upon Mon­day, 26. July, ended that day, that the next day being Tuesday, the House met quietly, and adjourned: that upon Friday follow­ing, the Houses sate quietly all day, and gave their Votes freely, and so forward; the City having sufficiently provided for their se­curity, that the transient force upon Monday, could have no in­fluence on the Houses for time to come.

That the Supreme power of no Nation can avoid their own Acts by pretended force: this would make the Common people, the Jurors, and Judges, to question all Acts done in Parliament, since one man can, and may judge of force as well as another: this were to bring the Records of the House into dispute: Magna Charta was never gotten nor confirmed but by Force: Force was three-fold, upon one, or both Houses; or upon the King, in giving his Royal assent; neither could plead it: the Parliament is presu­med to consist of such men as dare lay down their lives for their Country.

When the King came with force to demand the 5. Members: When the City came down crying for justice against the Earl of Stafford: When the Women came down crying for Peace: When the Reformadoes came down in a much more dangerous Tumult than this of the unarmed Apprentices; yet the Houses continued sitting and acting, and none of their Acts were nulli­fied.

That to make their Acts, Orders, and Ordinances void ab initio, would draw many thousand men, who had acted under them, into danger of their lives and fortunes, who had no Au­thority to dispute the validity of our Votes: we must therefore give them power to dispute our Acts hereafter upon matter of fact; for to tie men to unlimited and undisputable obedience to [Page 50] our Votes, and yet to punish them for, obeying whensoever we shall please to declare our acts void, ab initio, is contrary to all rea­son. If to act upon such Ordinances were criminal, it was more criminal in those that made them. And who shall be Judges of those that made them? not the Members that went to the Army; They are parties pre-ingaged to live and die with the Army; and have approved the Armies Declaration, calling those that sate, a few Lords and Gentlemen, and no Parliament: They have joyned with a power out of the Houses to give a Law to, and put an en­gagement upon both Houses, a president never heard of before, of most dangerous consequence, it takes away the liberty of giving I and No freely, being the very life of Parliaments: If all done under an actual force be void, it it questionable whether all hath been done this four or five years be not void; and whether his Majesties Royal assent to some good Bils passed this Parliament, may not be said to have been extorted by force. If the Kings partie prevail, they will declare this Parliament void, upon the ground your selves have laid. Fabian's Hi­story. 1. Hen. 7. that King urged the Par­liament to make void ab initio, all Acts passed Rich. 3. which they refused upon this ground, that then they should make all that had acted in obedience to them liable to punishment, only they repea­led those Acts.

The debate upon this Ordinance of Null and Void, held from Monday, 9. of Aug. to the 20. Aug. (when it was passed) but not without some interloaping debates of something a different na­ture, yet all looking the same way; occasioned by Messages from the Lords: 43. The Lords Message to the Commons to approve the Declaration of the Army: Namely, once upon a Message from them, The said Declaration from Sir Thomas Fairfax and his Army, con­cerning their advance to London was read and debated in grosse, whether the Commons should concur with the Lords in approving it? But almost all but the ingaged party and their pensioners di­stasted it, it was laid by without any question put, lest it should prove dangerous to put a Negative upon their Masters of the Ar­my. Yet many menaces (according to custome) were used by the engaged party to get it passed: Haslerigge affirming that those Gentlemen that sate and voted for a Committee of safety, and the Kings comming to London, 44. The Commit­tee of safety. did drive on the design of the City Protestation and Engagement. To which was answered, That the [Page 51] Committee of safety was not then newly erected by those which sate, but of the old Committee, revived by that Vote, which had been long since erected in a full and free Parliament, when the Army first mu­tined, and threatned to march to London, and for the same ends, de­fence of Parliament and City; and for the Kings coming to London, it was Voted onely to get him out of the power of the Army; as for­merly in a full and free Parliament he had been Voted to Richmond for the same reason.

Upon another Message from the Lords, 45. A Committee to Examine the Tumult. the Commons concur­red in an Ordinance to erect a Committee of Examination, to in­quire into, and examine the City Petition, Engagement, and the force upon the Houses 26. July, & all endeavours to raise any forces, &c. This Committee consisted of 22. Commons besides Lords, almost all of them Members engaged with the Army: but because there were some three or four Presbyterians gotten in amongst them, to shut these Canaanites forth, that the Godly, 46. A Sub-com­mittee of se­crecy selected to examine the Tumult. the true seed of Israel might shuffle the cards according to their own mind, the 13. August after (upon another Message from the Lords) there was a Sub-Committee of Secrecy, named out of this Grand Com­mittee of Examinations, to examine upon Oath; the persons were, the Earl of Denbigh, and Mulgrave, Lord Gray of Wark, Lord Howard of Escrig, Sir Arthur Haslerigge, Mr. Solicitor, Gour­don, Miles Corbet, Alderman Penington, Allen, Edwards, Col. Ven, or any three of them; all persons engaged to live and die with the Army, and now appointed to make a clandestine scrutiny, and search into the lives and actions of the Presbyterian Party that sate in Parliament doing their duty, when the engaged Party fled to the Army, and brought them up in hostile manner against them.

The unreasonableness of this way of proceeding was much ur­ged, and farther alleged, 47. Debate upon passing the Committee of Secret exami­nations that it was neither consonant to the customes of the House, nor unto common reason, that a Sub-commit­tee should be chosen out of the Grand Committee of Examinations, with more power then the Grand Committee it self had, and ex­cluding the rest of the Committee, under the pretence of Secrecie; Besides, it was against the privilege of the House of Commons, that the Lords should nominate the Commons in that Sub-commit­tee as well as their own Members. But the Independent Gran­dees [Page 52] would have it pass. Breach of Privilege and all other consi­derations are easily swallowed when they are subservient to their present designs.

48. The manner of prosecution & proceeding upon the Tu­mult.The party engaged were resolved to be Examiners, Informers, and Witnesses, as well as Parties; (so active was their malice) and had so well packed their Cards, that eight or nine Schismatical Lords engaged likewise with them, and the Army should be Judges of the Presbyterian Party that sate in absence of the two Speakers, the better to give the two Houses a through Purge, and make them of the same complexion with the Army: without which they had no hopes to divide the power and profit of the Land between themselves by 10000 l. 20000 l. in a morning sha­red amongst the Godly; and to make the whole Kingdom to be Gibeonites, hewers of wood, and drawers of water to the faith­full.

49. Miles Corbet makes report of Examinati­ons taken at the Close Committee First, against the Commit­tee of Safety.In order to the playing of this game, Miles Corbet (Interpre­ter to the State-puppet play behind the curtain, commonly called The Close Committee of Examinations) upon the 3. September, stood up and began his Report from that Inquisition, saying, He would begin with the Committee of Safety, wherein many Members were concerned, and it was necessary to purge the Houses first. But further said, he would suppress the names of many of his Witnesses, because the Depositions he should report were but preparatory Ex­aminations, and it would be for service of the State to conceal their names.

He first produced many Warrants signed at the Committee of Safety by the Earls of Pembroke, Suffolk, Middlesex, Lincoln, Lord Willoughby of Parham, Maynard, Mr. Hollis, Sir Phi. Staple­ton, Sir Will. Waller, Mr. Long, Mr. Nichols, Sir William Lewis, Mr. Baynton.

Against Master Baynton.Next, Corbet reported, he had a Witness who deposed that a Gentleman with a Red head had signed many Warrants, supposed to be Master Edward Baynton; at length after much wyer-drawing of the business, one Warrant was shewn to Master Baynton, which he confessed to be his hand. And presently Haslerig moved that Master Baynton might forthwith Answer; against which was ob­jected, That since these were but preparatory Examinations, not legal proofs, no man was bound to Answer them; otherwise a man [Page 53] shall be but to as many several answers as several new matters of Charge come in against him, and shall day by day be liable to new vexations, and never know when he hath cleared himself. But Corbet (who of an examiner was now become the Kings Solicitor, or Advocate Criminal) moved to proceed to Judgement against him: but first to aske him some preparatory questions. But it was answered, that it was illegal to squeese examinations out of a mans own mouth; neither was a man bound to answer, where his words may condemn, but not absolve him: for so much as depends upon the testimony of Witnesses against this Gentle­man, you cannot proceed unless he be by, and have liberty to put cross questions to the Witnesses. It is alleged, Warrants were signed, and all done in relation to a new War. It is answered, it was done in order to Self-defence (allowed by the Laws.) Long before this occasion, when the Army first mutinied and threat­ned to march up to London, and use such extraordinary means against the Parliament and City as God had put into their hands, you then in a full and free Parliament appointed a Com­mittee of Safety for your defence, who sate and acted. This Com­mittee was but the same revived, and upon the like or worse threats and menaces, as by the many printed papers from the Ar­my will appear; you have no Testimony against this Gentleman by name, but only a character of his Hair: and for signing the Warrant confessed by himself he is acquitted by the Proviso of the Ordinance 20 August last, which excepted only such as acted upon the force; but when the Committee of Safety was revived, the Parliament was freer from force than it is now. Mr. Baynton not­withstanding, was adjudged to be suspended the House during pleasure of the House, which is as much as to say, So long as the Ty­ranny of this Domineering Faction lasteth.

The 4 of Sept. Corbet reported he had a Witness (but named him not, Against Mr. Walker. because they were but preparatory examinations) who deposed, that an elderly Gentleman, of low stature, in a Gray suit, with a little stick in his hand, came forth of the House into the Lobby when the tumult was at the Parliament door, and whispered some of the Apprentices in the ear, and encouraged them, (supposed to be Mr. Walker.) Mr. Walker denyed he spake then with any man in the Lobby, or saw any face that he knew [Page 54] there; and so neglected the business as a thing not considerable. But the next day Corbet moved that Mr. Walker might be ordered to put on his Gray suit again, and appear before the Close Com­mittee, and the Witness, who saith, he knoweth him again if he see him. I hear Mr. Walker desired to know (seeing the Witness had not named him) by what Authority the examiners should take such a Deposition, and make application thereof to him; And seeing there were many Gentlemen in the House that day with whom that Character agreed as well as with himself, why the Reporter did not move that all to whom that Character was appliable might be put to that test as well as himself, but single him out for a mark to shoot at; complaining, that he was not ignorant out of what quiver this Arrow came: he had been threatned with a revenge by some of that Close Committee, and had other Enemies amongst them, that could bite without bark­ing. He told them that yesterday Mr. Corbet reported that the supposed old man whispered, &c. but desired those that were then in the House to call to mind that the noise was then so great in the Lobby, that no whisper, nay the loudest words he was able to speak could not be heard. Then Corbet changed his Tale, say­ing, the words were, What you do, do quickly; and were spoken aloud; and said the Character agreed best with Mr. Walker, for that the Deponent said, the Gentleman was a Lean meager man.

Here Mr. Walker desired the House to take notice, that the Reporter had twice varied his Report. 1 In the words spoken, from a whisper to loud speaking. 2 In the Character inlarged with the words lean and meager. Here is haile-shot provided, if one miss the other must hit; Yet with this addition, there were di­vers in the House with whom the Character agreed as wel as with himself. And by the incivility of his words, it should seem the Witness is a man of no breeding; wherefore he desired to hear his name, that he might inquire of his credit and repute. If the Reporter thinks he may be practised, he doth not think him a man of honesty, and then he had more cause to suspect him. He farther complained, that to make Hue and Cry after him (as it were upon fresh sute) upon a Character of his person and cloaths five or six weeks after the supposed fact (he never having absen­ted [Page 55] himself one day from the House) savoured too much of a par­ty overswayed with malice and revenge.

Your Close Committee of Examination carry on businesses so in the dark (being parties engaged with the Army, and not sworn to be true in their office) that no man can see how to defend him­self, or how he is dealt with, or when he is free from trouble and danger. It seems we are here called ex tempore to answer for our lives, ore tenus; and our Accusation beginneth with the Exa­mination of our persons, to make us state a Charge against our selves, to betray our selves, and cut our own throats with our tongues, contrary to Magna Charta, the Petition of Right, and all those Laws of God and Man, which in the Kings time were in use; and no Witnesses are produced, nor so much as named: me­thinks therefore we are compelled to play at blind-man bough for our lives, not seeing who strikes us. You have the most summary way of hanging one another that ever I saw; it is a kind of Star­chamber proceeding in matter of life and death; your secret Exa­minations savours so much of the Spanish inquisition, and of the Council of troubles erected by the Duke d' Alva in the Low-coun­tries (called Consilium Sanguinis) that they can never agree with the Laws and Nature of our Nation: if our Kings shall imitate you hereafter, they will be the greatest Tyrants in the World. Forma­lities and Privileges of Court, derogating from the common Rules of Law, and practice of the Land, are but curtains drawn before oppression and tyranny to dazle mens eyes. Give me leave to tell you, that I have served you faithfully from the beginning, and have taken as much pains, and run as many hazards, as most men in your service, wherein I have lost my health, and above 7000 l. of my Estate, without one penny compensation, as other men have had; nor have I laid my hand upon any mans money or goods, or had any gainfull imployment from you; I contented my self to serve my Country gratis, and with some little honour I had gotten thereby, whereof you have now robbed me, by a roaving Accusation shot at random at me. Had I cheated the State of 40000 l. or 50000 l. peradventure I might have been thought a Godly, confiding man, of right principles, and have had 10000 l. given me for my pains. Sir, You have heard the voice of a Free-man (not of a slave) that dares keep his first Principles, [Page 56] Religion, Laws, and just liberties, whosoever lays them aside▪ and protest against Tyranny and oppression, wheresoever he finds it, whether in the Government of one or many. You may mur­der me by the Sword of Justice, but you cannot hurt me: but de­liver me from the evils to come. Nor shall I be unwilling to suffer a Gaol-delivery of my Soul from the prison of my body when I am called to it.

When Mr. Walker had done his defence, the debate followed much to this purpose, That to order him to appear in his Gray suit before the Close Committee and Witness was illegal, and against the Laws and Liberties of the Subject.

1. It is to help another to accuse himself; which is all one as if he did accuse himself.

2. To bid a Witness look upon a man (after he is engaged to name some body) is to prompt him to go no farther than the party shewed.

3. A Witness ought not to be twice examined against a man, that is, to draw him on by degrees to swear home, and to mend in his second Deposition what fell short in his first.

4. If the Witness depose to the matter, not naming the party, and five or six weeks after declare the Person without Oath, this is no Deposition, and if the Oath be renewed, the Witness is twice exami­ned: So the business was laid by, and Corbet allowed to shew Mr. Walker casually as he could meet with him to his Witness, which was (in a manner) to draw dry-foot after him with his blond-hound.

I was the more curious in gathering the circumstances of this business out of the reports of many several men, in regard of the rareness of the case, and the exquisitness of the malice with which it was prosecuted. And it seemed to me the more admira­ble, because I hear generally that Mr. Walker hath always been opposite to all parties and factions, both Presbyterian and Inde­pendent, upon whom he looks as the common disturbers both of Church and Commonwealth, and enemies of peace. Nor could he ever be perswaded to be at any of their Junto's or secret mee­tings; and therefore it is not probable he should suddenly and in the open view of the House go forth and engage with a company of silly unarmed Apprentice Boys. But I hear they cannot en­dure his severity, nor he their knavery. What will not the malice [Page 57] of a desperate Anabatistical faction attempt? they have long spor­ted in the blood and treasure of the Land, as the Leviathan doth in the Waters; and do now keep up a numerous Army to carry on those designs by force, which they can no longer make good by fraud. All England is become as Munster was, and our Grandees suitable to John of Leyden and Knipperdoling.

The next report Corbet made concerning Mr. Recorder Glyn. Against Mr. Recorder Glyn. The chief things objected were, That he had frequented the Com­mon Council, the Committees of the Militia, and Safety, more than he was want to do: That he was silent and made no opposition; and that he gave thanks to the Apprentices when they delivered their Petition to the City, offering their help for defence thereof against whomsoever.

The Recorder answered, The Charge was long, and his Memory short: He desired time to examine his memory, concerning the circum­stances of time, place, persons and other matters; and that he might examine Witnesses for clearing his innocency. But his prosecutors (hoping to do more good upon him by way of Surprize, than in a deliberate and legal way of proceeding) put him upon it to an­swer ex tempore. He confessed and avoided some things, but de­nied the most material. He denied he was more frequent at their meetings than ordinary. For his silence, he alleged, he was but the Cities servant, and had no voice amongst them, but when his opinion was demanded: That he gave thanks to the Apprentices as a servant by command, yet had mixed some admonitions and re­prehensions in his Speech to them.

So the Recorder withdrew. And presently Haslerig (according to his custom) moved judgment might be given against him. To which was answered, that the Recorder denied the principal parts of his Charge; and offered proofs by Witnesses: you must give him that leave, or take all parts of his speech for granted; as well that makes for him, as against him. Two or three days more will make this business ripe for judgment: let him have one judgment for all. If you judge him now to be expelled the House, he is already fore judged, and that will be a leading case to a farther judgment: for who dares acquit where you have con­demned? A man ought to be but once judged upon one accusa­tion. The dishonour of expulsion is a punishment exceeding [Page 58] death. If you judge now upon one part of the Accusation, and hereafter upon another part of the Accusation, he will be twice condemned upon one Accusation, and shall never know when he hath sati fied the Law, an endless vexation.

Yet Haslerig moved he might receive judgment now, for what was already proved or confessed, to be expelled the House, (say­ing, The Lords went on without obstruction in their businesses, be­cause they had purged their House) and that he might be farther impeached hereafter upon farther hearing. So he was adjudged to be discharged the House, committed to the Tower, and farther im­peached hereafter.

Against S John Maynard.Sir John Maynnrd the same day was called to Answer. He desi­red a copy of his Charge, with leave to Answer in writing by ad­vice of Counsel, as the 11. Members formerly did; to examine Witnesses on his part, and cross examine their Witnesses. But these requests were denied, and he commanded to Answer ex tem­pore. He gave no particular Answer, but denied all in general: as Col. Pride (whom he cited for his president) had formerly done at their Bar. He was adjudged to be discharged the House, com­mitted to the Tower, and farther impeached.

The like for Commissary General Copley, whose case differed little.

Against the 7. Lords.The 8. of Sept. the Earls of Suffolk, Lincoln, Middlesex, the Lords Berkley, Willioughby, Hunsdon, and Maynard, were impeach­ed of High Treason in the name of the Commons of England, for leavying War against the King, Parliament, and Kingdom. The Earl of Pembroke (then sent to Hampton Court with the Proposi­tions on purpose to avoid the storm) was omitted untill Wednes­day following, and so had the favour to be thought not worth re­membring.

Sir John Evelin the younger sent up to the Lords with the Im­peachment, and a desire they might be committed. They were com­mitted to the Black Rod; and so the engaged Lords had their House to themselves according to their desires.

50. Schismatical Petitions.The 14. Sept. A Petition from divers Schismaticks in Essex came to the Houses, bearing this Title, To the Lords and Commons in Parliament assembled, distinct from the Lords and Commons that sate in absence of the two Speakers.

16. Sept. a Petition from divers Sectaries of Ox fordshi. Bucks. Berksh. was delivered to the House against divers Members sitting in the House, Enemies to God and Godliness, Enemies to the King­dom, &c. Usurpers of Parliamentary authority, who endeavoured to bring in the King upon his own Tearms. They desired a free Parliament, and that (according to the desires of the Army) those that sate when the Parliament was suspended in absence of Tythes, &c. in it. Such another Petition came but the day before from Southwark.

These Petitions were all penned by the engaged party of the Houses and Army, The aym of these Petiti­ons. and sent abroad by Agitators to get subscripti­ons. The design was to put the two parties in the House into heights one against another, to make the lesser party in the House ( viz. the ingaged party, but 59.) to expel the greater party, being about 140. whereby the House might be low and base in the opi­nion of the people, and no Parliament, and so leave all to the power of the Sword. The Army dayly recruiting, and thereby giving hopes to all loose people, that the Army should be their common Receptacle, as the sea is the common Receptacle of all waters, because those who had no hopes to be Members of Par­liament, might become Members of this Army. Besides their plau­sible way of prompting the people to Petition against Tythes, En­closures, and Copy-hold fines uncertain, was to encourage them to side with the Army against all the Nobility, Gentry, and Clergy of the Land, (from whom the Army did most fear an opposition) and to destroy Monarchy it self; since it is impossible for any Prince, to be a King only of Beggers, Tinkers, and Coblers.

But these interlopping discourses omitted, Against the Lord Major Aldermen and Citizens. let us again return to these prodigious Impeachments. The next in order comes in the Lord Mayor, Aldermen and Citizens, with whom short work was made. Impeachments were sent to the Lords against them, and they sent to the Tower upon a bare report of the Inquisitor-general Corbet, and the reading of some depositions, the Witnes­ses names for the most part concealed, and none of them so much as called to the Commons Bar, to see what they could say for themselves; contrary to Magna Charta, 29. ch. and contrary to 28. Edw. 3. enacting, That no man shall be put out of his Land, &c. nor taken, nor Imprisoned, &c. or put to death, &c. without being [Page 60] brought to answer by due process of Law. That is, according to the Stat. 42. Ed. 3. c. 3. That no man be brought to answer without pre­sentment before Justices, or matter of Record, or by due process, or writ o [...]iginal according to the old Law of the Land: not according to new invented Articles of Impeachment, but according to those Laws that were well known, and old in Edw. 3. time: See Stat. 37. Ed. 3. 1. Ed. 6. ch. 12. 6. Ed. 6. c. 11. and the Stat. 25. E. 3. saith, No man shall be taken by Petition or suggestion made to the King or his Counsel, &c. and the House of Peers is no more but the Kings Counsel, as anon I shall make evident.

51. Arguments a­gainst im­peachments before the Lords.It was moved by divers, that these Gent. might be tryed accor­ding to Law at the Kings Bench, by a Jury of twelve men de vicine­to, their Peers and Equals to judg of matter of fact: alleging that the Common Law was the Birthright of all the free People of England: which was one of the 3. Principles for which the Parlia­ment so often declared in print that they fought, and for defence whereof they had entered into a covenant, with their hands lifted up to God: the other two principles were Religion and L [...]berties.

1. The Lords were not Peers to the Commoners: At the common Law they shall have sworn Judges for matter of Law, of whom they may ask questions in doubtfull points, nor can they be Judges in their own cases.

2. They have sworn Jurors of the Neighbourhood for matter of fact, whom they may challenge.

3. The known Laws and Statutes for Rules to judg by, which in case of Treason in the Stat. 25. Ed. 3. you cannot Vote nor declare a new Treason: And if you could, to do it Ex post facto, is contraty to all rules of justice: The Apostle saith, sin is a breach of a Command­ment (or Law) I had not known sin but by the Law: the Law therefore must go before the Sin.

4. At the Common Law, They have Witnesses openly and newly examined upon Oath before the accused's face, who may except against them and cross examine them.

5. Even in Star-chamber and Chancery (where only hearings are upon Testimonies) the Examiners are sworn Officers.

6. A man hath but one Tryal and Judgment upon one accusation: so that he knows when he hath satisfied the Law.

In this way of proceeding, all these necessary legalities are laid [Page 61] by; and these Gentlemen have not so much fair play for their Lives and Estates, as Naboth had for his Vineyard: he had all the formalities of the Law; yea, he had Law it self; yet he had not justice, because they were the sons of Belial that were set before him: what shall we conceive these Witnesses are that do not ap­pear? nay, whose very names are concealed? yet Naboth was murdered by the sword of Justice: for the honour of Parliaments give not the people cause to suspect these Gentlemen shall be so too: non recurrendum ad extraordinaria, quando fieri potest per or­dinaria.

But all this was but to charm a deaf Adder: 52. Arguments proving the Lords to have no power of Judicature o­ver the Com­mons. the nine or ten engaged Lords that then possessed the House, were thought to be fitter than a Jury of Middlesex to make work for the hang-man, and yet they have no Judicature over the Commons, as appears by the President of Sir Simon de Berisford, William Talboys, and the City of Cambridge. Note that one president against the Ju­risdiction of a Court is more valued than a hundred for it: because the Court cannot be supposed ignorant of the Law, and its own rights; but a particular man or Client may: see Sir John May­nard's Royal quarrel, and his Laws subversion, Lieutenant Col. Lilburn's Whip for the present House of Lords, and Judge Jenkins Remonstrance to the Lords and Commons of the two Houses of Par­liament, dated 21 Feb. 1647. As for the cases of Weston, Gomenes, and Hall, (cited by Mr. Pryn) they were for facts done beyond Sea, and before the Stat. 1. Hen. 4. ch. 14. whereof the Common Law could then have no connusance, and therefore an extraordi­nary way of proceeding before the Lords was requisit, and by the Kings special authority it was done, without which (I dare bold­ly affirm) the Lords have no Judicature at all; which thus I make appear.

1. The King by delivering the Great Seal to the Lord Keeper, 53. The House of Peers no Court of Judicature at all properly and per se. makes him Keeper of his conscience for matter of equity; By His Brevia patentia to the Judges of the two Benehes and the Exchequer, the King makes them administrators and interpreters of his Laws: But he never trust any but himself with the power of pardoning and dispensing with the rigor of the Law in Criminal cases. And though the Lord Keeper is Speaker of the Lords House of course, yet he is no Member of the Lords House virtute Officii: the Jud­ges [Page 62] are not Members, but assistants only: so that no man in the House of Peers, as he is simply a Peer, is trusted by the King ei­ther with dispensation of Law, or Equity.

2. When a Peer of Parliament, or any man else is tried before the Lords in Parliament criminally, he cannot be tryed by his Peers only, because in acts of judicature there must be a Judge Su­perior, who must have his inferiors ministerial to him: therefore in the trial of the Earl of Strafford (as in all other trials upon life and death, in the Lords House) the King grants his Commission to a Lord high Steward to sit as Judge, and the rest of the Lords are but in the nature of Jurors. So that it is the Kings Commission that Authoriseth and Distinguisheth them.

3. When a Writ of Error issueth out of the Chancery to the House of Peers, they derive their Authority meerly from that Writ.

For the three Reasons aforesaid, the House of Peers is no Court of Judicature, without the Kings special Authority granted to them, either by his Writ, or his Commission; and the Lords by their four Votes having denied all further address or application to the King, have cut off from themselves that fountain from which they derived all their power; and all trials by Commission must be upon Bills or Acts of Attainder, not by Articles of Impeach­ment, a way never heard of before this Parliament, and invented to carry on the designs of a restless impetuous faction: Had the Faction had but so much wit as to try the Gentlemen by Commis­sion of Oyer▪ and Terminer, before Sergeant Wild, he would have borrowed a point of Law to hang a hundred of them for his own preferment.

Observe, that almost all the cases cited by Mr. Pryn concerning the Peers trials of Commissioners were Authorised by the King upon the special instance of the House of Commons; as for the House of Commons, they never pretended to any power of Judica­ture, and have not so much Authority as to Administer an Oath, which every Court of Pye-Poulders hath.

54. Blank Im­peachments dormant.But this way of tryal before the pre-ingaged Lords, and upon Articles of Impeachment, (which they keep by them of all sorts and sizes fit for every man, as in Birchin-lane they have suits ready made to fit every body) was the apter means to bring [Page 63] men to death, whom they feared living, had not a doubt of the Scots comming in taught them more moderation than their na­ture is usually acquainted with; and to fright away, (at least) put to silence the rest of the Members with fear of having their names put in blank Impeachments; and that it might be so apprehended, Miles Corbet moved openly in the House of Commons that they should proceed with the Impeachments which were ready, no­thing wanted but to fill up the Blanks, they might put in what names they pleased. This Inquisitor General, this Prologue to the Hang-man, that looks more like a Hang-man than the Hang-man himself, hath since gotten a rich office of Register of the Chancery, as a reward for his double diligence: Oh Sergeant Wild and Mr. Steel despair not of a reward.

Friday 27 Sep.t the advice of Sir Thomas Fairfax and his Coun­cil of War was read in the House of Commons, 55. Establishment for the Army. What standing forces they ought to keep up in England and Wales, and what Garrisons; also what forces to send for Ireland; namely, for Ireland, 6000 foot, and 2400 horse, out of the supernumerary loose forces, being no part of the Army; and for England, upon established pay 18000 foot at 8 d. per diem. 7200 horse at 2 s. per diem each Trooper, 1000 Dragoons, and 200 Fire locks, Train of Artillery, Arms and Ammunition, to be supplied. The foot to be kept in Garrisons, yet so that 6000 may be readily drawn into the Field▪

The Independent party argued, that the Army were unwil­ling to go for Ireland, pretending their engagement to the con­trary; If you divide or disband any part of your Army, they will suspect you have taken up your old resolution against them, to disband the whole Army: it is now no time to discontent them, when the Kings Answers to your Propositions tend to divide you and your Army, and the people are generally disaffected to you.

The Presbyterian Party argued, that the engagement of the Army ought to be no rule to the Counsels of the Parliament; o­therwise new engagements every day may prescribe the Parlia­ment new Rules; we must look two wayes. 1 Upon the people unable to bear the burthen. 2. Upon the Army. Let us keep some power in our own hands, and not descend so far below [Page 64] the dignity of a Parliament, as to put all into the hands of the General and his Council of War. You have almost given away all already. The Army adviseth you to keep up your Garrisons, then upon mature deliberation this House formerly Voted: you have already made Garrisons manned with gallant and faithfull men, to whom you owe Arrears; to remove them, and place new Souldiers in their rooms, will neither please them, nor the pla­ces whe [...]e they are quartered, who being acquainted with their old guests, will not willingly receive new in their rooms. These men have done you as good and faithfull service as any in the Ar­my; and were ready to obey you and go for Ireland, had they not been hindered by those, who under pretence of an engagement to the contrary (which they mutinously entred into) will nei­ther obey you, nor go for Ireland, nor suffer others to go. Though you discharge these men without paying their Arrears, (which others of [...]ther principles will not endure) yet give them good words. If you will be served by none, but such as are of your new principles; yet consider your Army are not all alike princi­pled. and peradventure the old principles may be as good as the new for publick, though not so fit for private designs and purpo­ses. You have passed an Ordinance, That none that have born Arms against the Parliament shall be imployed: if you disband all such, your Army will be very thin; many have entred into pay there in order to do the King service, and bring the Parliament low. There is no reason you should keep up 1400 horse more than you last voted to keep up, being but 5800 at which time 60000 l. a Month was thought an establishment sufficient both for Eng­land and Ireland. But now the whole charge of England and Ire­land will amount to 114000 l. a month, which must be raised up­on the people, either directly and o [...]enly by way of sessement, or indirectly and closely, partly by sessements, & partly by free-quar­ter & other devices: nor will the pay of 2 s. per diem to each Troo­per, and 8 d. to each foot Souldier enable them to pay their quar­ters. If you mean to govern by the Sword, your Army is too lit­tle: if by the Laws and justice of the Land, and love of the peo­ple, your Army is too great: you can never pay them, which will occasion mutinies in the Army and ruine to the Country. Thus disputed the Presbyterians, but to no purpose, it was carried a­gainst them.

Observe that when the War was at the highest, the monthly tax came but to 54000 l. yet had we then the Earl of Essex's Army, Sir William Waller's, My Lord of Denbigh's, M. Gen. Poyntz's, M. Gen. Massey's, Maj. Gen. Laughorn's, Sir William Brereton's, Sir Th. Middleton's Brigades, and other forces in the field, besides Garrisons.

But now this Army hath 60000 l. a month, 56. Monthly taxes. and 20000 l. a month more pretended for Ireland; which running all through the fin­gers of the Committee of the Army,

That Kingdom (which is purposely kept in a starving condition to break the Lo. Inchequins Army, 57. Ireland why kept in a star­ving conditi­on. that Ireland may be a receptacle for the Saints, against England spews them forth) hath nothing but the envy of it, the sole benefit going to this Army. This 20000 l. a month being a secret unknown to the common Souldiers, the Grandees of the Army put it in their own purses.

Moreover, this Army hath still a kind of free quarter, (under colour of lodging, fire and candle,) for who sees not that these masterless guests upon that interest continued in our houses, do and will become Masters of all the rest? and who dares ask money for quarter of them, or accept it when it is colourably offered, without fear of farther harm? besides, the Army, (whose requests are now become Commands) demanded that they might have the leavying of this Tax, and that their accounts might be audited at the Head-quarters; and though the Officers of this Army (to catch the peoples affections) encouraged them often to Pe­tion the Houses against Free-quarter, pretending they would forbear it, after an establishment setled upon them; the use their party in the House made of these Petitions, was to move for an Addition of 20000 l. or 30000 l. a month, and then they should pay their quarters, lodging, fire and candle, nay stable-room too excepted.

Here it is not amiss to insert a word or two of this villanous oppression, Free-quarter; 58. Free-quarter. whereby we are reduced to the con­dition of conquered Slaves, no man being Master of his own Fa­mily, but living like Bond-slaves in their own Houses, under these Aegyptian Task-masters, who are spies and intelligencers upon our words and deeds, so that every mans table is become a snare to him. In the third year of King CHARLS, the Lords [Page 66] and Commons in their Petition of Right (when not above 2000. or 3000. Souldiers were thinly quartered upon the people but for a month or two) complained thereof to his Majesty as a great grievance, contrary to the Laws and Customes of the Realm, and humbly prayed as their right and Liberty, according to the Laws and Statutes of this Kingdom, that he would remove them, and that his people might not be so burchened in time to come, which his Majesty graciously granted. Yet now we are ten thou­sand times more oppressed with them, and if these quarterers of­fer violence or villanous usage to any man in his house or family, or commit murder or felony, they are protected against the Laws and Justice of the Land, and Triable only by a Council of War at the Head-quarters, where a man can neither obtain justice, nor seek it with safety. 59. Martial Law. So that we live under the burthen of a perpetual Army of 30000. or 40000. men, exempt from all but Martial Law, which frequently oppresseth, seldom righteth any man: witness Oliver Cromwel's taking of Tompson (being no Souldier) from the House of Commons door with Souldiers, imprisoning and condemning him at a Council of War, where he sate Judg in his own cause, there being a quarrel between them; yet it was held Treason in the Earl of Strafford, to condemn the Lord of Valentia so, being a Member of his Army, because it was in time of Peace, as this was. Many other examples we have of the like nature, and of this Army, enough to perswade us, that these vin­dicative Saints will not govern by the known Laws of the Land, (for which they have made us spend our money and blood) but by Martial Law, and Committee Law, grounded upon Arbitrary Ordinances of Parliament, which themselves in the first part of exact Collections, p. 727. confess, are not laws without the Royal assent.

This Army hath been dayly recruited without any Authority, far beyond the said number or pay established; the supernume­raries living upon free-quarter; and when complaints have been made thereof in the House, the Army being quartered in several Brigades, supernumeraries have been disbanded in one brigade, & their Arms taken by their Officers, 60. Cheats put up­on the State. and shortly after they have been listed again in another Brigade, and their Arms sold again to the State, after a while to new Arm them. And of this sort [Page 67] were those Arms which being found in a Magazin in Town by some Zealots, and rumoured to belong to the City for the arming of Reformado's, were upon examination found to belong to Oliver Cromwel: so the business was buried in silence; for though the Kings over sights must be tragically published to the world, yet the haynous crimes of the godly must lye hid under the mask of Religion.

And though they have usually taken free-quarter in one place, 61. Arrears secur'd although the State ows them nothing. and taken Composition money for free-quarter in another place, some of them in two or three places at once 3 s. a day, some of them 5 s. for a Trooper, and 1 s a day, and 1 s. 6 d. for a foot souldier, whereby no arrears are due to them, but they owe money to the State, yet they have compelled the Houses to settle upon them for pretended Arrears.

1. The moity of the Excise (that they may have the Souldiers help in leavying it; although to flatter the peope, the Army had formerly declared against the Excise.)

2. The moity of Goldsmiths-hall.

3. Remainder of Bishops Lands.

4. The Customes of some Garrisons.

5. Forrest Lands.

This Army brags They are the Saviours (nay Conquerours) of the Kingdom. Let them say when they saved it, whether at the Fight at Nazeby, or taking in of Oxford, and we will pay them according to the then list. And for all the recuits taken in since the reducing of Oxford, it is fit they be disbanded without pay, having been taken in without, nay, against Authority, to drive on wicked designs, and enthrall King, Parliment, City, and King­dom.

24. Decemb. 1647. The two Houses by their Commissioners presented to the King (at Carisbrook-Castle) 4. 62: 4. Dethroning Bils presented to the King at Carisbrook Castle. Bills to be passed as Acts of Parliament, and divers Propositions to be assented to. They are all printed, so is his Majestis Answers to them, wherefore I shall need to say the less of them, only a word or two to two of the Bills.

1. The Act for raising, setling, 63. Acts for the Militia. and maintaining Forces by Sea and Land, within the Kingdoms of England and Ireland, Wales, &c. (though it seems to be but for 20. years) devests the [Page 68] King, his Heirs, and Successors, of the power of the Militia for e­ver, without hope of recovery but by repealing the said Act, which will never be in his nor in their power: for,

First, it saith, That neither the King, nor His Heirs, or Succes­sors, nor any other, shall exercise any power over the Militia by land or sea, but such as shall Act by authority and approbation of the said Lords and Commons: That is, a Committee of State of twenty or thirty Grandees, to whom the two Houses shall transfer this trust, being over-awed by the Army, (for the ground-work of this Committee was laid by these words, though the Committee be erected since.)

And Secondly, it prohibiteh the King, His Heirs and Succes­sors, &c. after the expiration of the said 20. years, to exercise any of the said powers without the consent of the said Lords and Commons, and in all cases wherein the said Lords and Commons shall declare the safety of the Kingdom to be concerned after the said 20. years expired, and shall pass any Bills for raising, Arming, &c. Forces by Land or Sea, or concerning Leavying of Money, &c. if the Royal assent to such Bills shall not be given by such a time, &c. then such Bills so passed by the Lords and Commons shall have the force of Acts of Parliament without the Royal assent. Lo, here a foundation laid to make an Ordinance of both Houses equal to an Act of Parliament, & take away the King's Negative Voice, if this be granted in one case, it will be taken in another, and then these subverters of our Religion, Laws, and Liberties, will turn their usurpations into a legal Tyran­ny.

2. It gives an unlimited Power to the two Houses to raise what Forces and what numbers for Land and Sea, and of what persons (without exceptions) they please, and to imploy them as they shall judge fit.

3. To raise what Money they please for maintaining them, and in what sort they think fit, out of any mans Estate. This is a Tax far more Arbitrary and unlimited than Ship-money, and the more terrible because it depends upon the will and pleasure of a multitude; who to support their own tyranny, and satisfie their own hunger after other mens goods, may and do create a neces­sity, and then make that necessity the law and rule of their acti­ons [Page 69] and our sufferings: besides, they are but our fellow subjects that usurp this Dominion over us, which aggravates the indignity. If the 24 Conservators of the Peace in Hen. 3. time, were thought a burden to the Commons, and called totidem tyranni; what will our Grandees prove when the Power of the sword is theirs by Act of Parliament? Besides, if the King give them his Sword, they may take all the rest of the Propositions demanded without a Treaty.

The Bill for adjournment of both Houses to any other place, &c. 64. Bill for ad­journment of the Parliament as well for Place as time. will enable the engaged Party of the two Houses and Army to ad­journ the two Houses from time to time, to, or near the Head­quarters of the Army; where those Members that refuse to en­ter into the same Engagement, shall neither sit with accommoda­tion nor safety, and so be shaken off at last: this is a new way of purging the Houses. Besides, the Parliament following the motions of the Army, the King shall follow the Parliament, whereby the Army having both King and Parliament present with them, what­soever attempt shall be made against the Army, shall be said to be against the safety and Authority of the King and Parliament, and a legal Treason, triable by Indictment, not a constructive Trea­son only triable before the Lords.

Note this Message to the King, plus significat quam loquitur, though it holdeth forth but four Demands to open view, yet it includes five; for, if the King passe these four Bils, as Acts of Parliament, either he must do it by his Personal Presence in the House of Peers, or by His Commission under the Great Seal; and so consequently must confirm the Parliaments Great Seal, and all things done by it, (to the nullifying His own Great Seal at Oxford.) His personal presence they will not admit; for, though they pretended heretofore they toook up Arms to bring the King to his Parliament, yet now they continue in Arms to keep Him from His Parliament, lest the presence of the true Sun should obscure such Meteors, and Ignes fatni, as they are. Though this may be Godly and Saint-like dealing, yet it is not plain nor fair dealing, latet anguis in herba, there is Coloquintida, nay death in the pot. 65. The Kings an­swer debated.

Monday 3 Jan. the Kings Answer to the said Bils and Proposi­tions was debated in the House of Commons. And first, Sir Tho­mas Wroth (Jack-Pudding to Prideaux the Post-master) had his [Page 70] cue to go high, and feel the pulse of the House; who spake to this purpose, That Bedlam was appointed for madmen, and Tophet for Kings: that our Kings of late had carried themselves as if they were fit for no place but Bedlam: that his humble motion should consist of three parts.

1 To secure the King, and keep him close in some inland Castle with sure guards.

2 To draw up Articles of Impeachment against him.

3 To lay him by, and settle the Kingdom without him; he cared not what form of Government they set up, so it were not by Kings and Devils.

Ireton's speech.Then Commissary Ireton (seeming to speak the sense of the Army, under the notion of many thousand Godly men who had ventured their lives to subdue their enemies) said after this manner, The King had denied safety and protection to his people by denying the four Bils; that subjection to him was but in liers of his protection to his people; this being denied, they might well d [...]ny any more subjection to him, and settle the Kingdom without him: That it was now expe­cted, after so long patience, they should shew their Resolution, and not desert those valiant men who had engaged for them be ond all pos­sibility of retreat, and would never forsake the Parliament, unless the Parliament forsook them first.

After some more debate, when the House was ready for the que­stion, Cromwel's Speech. Cromwel brought up the rear, and giving an ample Cha­racter of the valour, good affections, and godliness of the Army, argued; That it was now expected the Parliament should govern and defend the Kingdom by their own power and resolutions, and not teach the people any longer to expect safety and government from an obstinate man, whose heart God had hardned: That those men who had defended the Parliament from so many dangers with the expence of their Blood, would defend them herein with fidelity and courage against all opposition. Teach them not by neglecting your own and the Kingdoms safety (in which their own is involved) to think themselves betrayed, and left hereafter to the rage and malice of an irreconcileable enemy whom they have subdued for your sake; [...]nd therefore are likely to finde His future Government of them insupportable, and fuller of Revenge than Justice, lest despaire teach them to seek their safety by some other means than adhering to [Page 71] you, who will not stick to your selves; and how destructive such a re­solution in them will be to you all, I tremble to think, and leave you to judge.

Observe, he laid his hand upon his Sword at the latter end of his speech; that Sword that which by his side could not keep him from trembling when S. Philip Stapleton baffled him in the House of Commons.

This concluding Speech having something of menace in it, was thought very prevalent with the House.

The first of the four questions being put, 66. The 4 Bils for no addresses nor applicati­ons passed. That the two Houses should make no more Address [...]s nor Applications to the King; the House of Commons was divided, 141 yeas, to 91 noes, so it was carried in the Affirmative.

The other three Votes followed these Vote with facility: See them in print. Upon the last of these 4 Votes the House was divi­ded, and candles were Voted to be brought it only to tell the House; yet (contrary to the said Order) when the candles were in they proceeded farther, as followeth:

The Members had been locked into the House of Commons from before nine of the clock in the morning to seven at night, 67. The Commit­tee of Safety revived. and then the doors were unlocked, and what Members would, suf­fered to go forth, whereby many Presbyterians thinking the House had been upon rising, departed, when presently (the House being grown thin) the Vote to revive the Committee of both Kingdoms called the Committee of safety at Darby-house, passed by Ordi­nance dated 3 Jan. 1647. in these words; Resolved, &c. That the powers formerly granted by both Houses to the Committee of both Kingdoms, (viz. England and Scotland) in relation to the two Kingdoms of England and Ireland, be now granted and vested in the Members of both Houses onely that are of that Committee, with power to them alone, to put the same in execution. The original Ordinance that first erected this Committee, and to which this said Ordinance relates, beareth date 7 February 1643. in which the English Committees were appointed from time to ti [...]e, to propound to the Scotish Commissioners whatsoever they should receive in charge from both Houses, and to [...]ake report to both Houses, to direct the managing of the War, and to keep good correspondency with forein States, and to receive directions [Page 72] from time to time from both Houses, and to continue for three months and no longer. But this Ordinance, 3 January 1647. vests the said power in the Members thereof onely, and alone: words excluding the two Houses; and for a time indefinite. The Members of this Committee are now, the E. of Northumberland, Robert E. of Warwick, the E. of Kent, Ed. E. of Manchester, Wil. L. Say and Seal. Phil. L. Wharton, Jo. L. Roberts, Wil. Pierrepoint, Sir Hen. Vane sen. Sr. Gilbert G rrard, Sr. Wil Armine, Sr. Ar. Haslerig. Sr. Hen Vane jun. Jo. Crew, Rob. Wallope, Oliver St. Johns, Sol. O. Cromwel, St. Brown, Natha. Fiennes, Sr. Jo. Evelin. jun. There were then added to this Committee, Nathaniel Fiennes, in place of Sir Phil. Staple­ton; Sir John Evelin junior, in place of M. Re­corder; and the Earl of Kent, instead of the Earl of Essex. 22 Jan. following, the Lords sent down a Message for a farther power to this Committee, which was granted in these words, Power to suppress Tumults and Insurre­ctions in England, &c. and at Barwick; and for that purpose the Committee to have power to give Orders and Directions to all the Militia and Forces of the Kingdom. The addition of four Lords and eight Commoners likewise to this Committee was desired, but deny­ed.

68. Whitehall and the Mews Gar­risoned.Friday 14 January, after a long debate, it was ordered that Sir Lewis Dives, Sir John Stowel, and David Jenkins, be tryed as Traytors at the Kings Bench; the Grand Jury had found the Bill against Jenkins. Mr. Solicitor, &c. appointed to manage this business, See Judge Jenkins's Re­monstrance to the Lords and Commons of Parliament, 21. Feb. 1647. but Jenkins is so great a Lawyer, that the Solicitor durst not venture upon him, the long sword being more power­full in his mouth than the Law; wherefore the Solicitor found an Errour in the indictment, turned him back again upon the House to be impeached before the Lords, to whose Jurisdiction he pleaded: so the Solicitor put the affront from himself upon the Houses. It was now twelve of the clock, and many of the Independent party began to cry, Rise, rise; The Presbyterians thinking all had been done, many went to Dinner, yet the Inde­pendents sate still, and finding the House for their turn, moved, That a Letter might be forthwith sent to Sir Thomas Fairfax, to send a convenient number of Foot to Garrison White-hall, and a party of Horse to quarter in the Mews. The Lords concurrence was not desired to this Vote, but the Letters immediately drawn and sent.

Observe, that before this Vote passed, divers forces were [Page 73] upon their March towards the Town, and came to White-hall Sa­turday following by eight of the Clock in the morning.

Saturday 15. Jan. The Army sent a Declaration to the House of Commons, Thanking them for their 4. Votes against the King, 69. The Armies Declaration, thanking the Commons for their 4. Votes. 70. The Lords pass the 4. Votes. pro­mising them to live and die with the Commons, in defence of them a­gainst all Opponents.

Many of the Lords had argued very hotly against the said four Votes, insomuch that it was 10. Lords to 10. but this engagement of the Army, and the unexpected garrisoning of White-hall, and the Mews, turned the scales; so that they passed the said 4. Votes, on­ly adding a short preamble (little to the purpose) holding forth some reasons for passing them, to which the Commons, when they came down, assented. When presently (about twelve of the clock the House being thin) Dennis Bond moved, That whosoever should act against those 4. Votes, or incite other to act against them, should be imprisoned and sequestred.

Three or four days after the Lords had passed the said 4. Votes, 71. The Army thanks the Lords. the Army vouchsafed to spit thanks in their mouthes, and make much of them. These 4. Votes were generally sinisterly taken, and filled mens minds with suspicion, what form of Government the Grandees would set up, now they had laid by the King; and every mans mind presaged a new War, which they conceived the Inde­pendent Grandees were willing to have, to colour their keeping up this Army, and raising money to maintain them, and every man began to lay the project of a new war at their door: notwithstand­ing, (by way of prevention) they had Impeached divers Members, and Citizens of London, for endeavouring a new War, when they did but raise men for their self-defence.

To shew the people therefore the reasons of these 4. Votes, 72. The Declara­tion against the King. the Independent Grandees appointed a Committee to search in­to the Kings conversation and errors of his Government, and publish them in a Declaration to the World: wherein they ob­jected many high crimes against Him concerning His Fathers death, the loss of Rochel, and the Massacre and Rebellion in Ireland: which upon debate in the House, were very much mo­derated by the Presbyterians; of which Declaration I will only say, that they have set forth no new matter therein, which they have not formerly published in parcels, since which time they [Page 74] have taken, and caused others to take the National Covenant, whereby they vow to maintain the Kings Person, Crown and Dignity, in defence of Religion, Laws, and Liberties: and therefore to re­print only the same things as arguments to lay by the King, savours more of design, than justice.

I will wade no farther in the censure of the said Declaration, lest I imitate the Authors of it; and as they by a feeble accusation have done the King much right, so I by a weak defence should do him much wrong.

73. Tho. Haslerig's Letter concer­ning the King.The people were as ill satisfied with this Declaration, as with the 4. Votes; wherefore (24. Feb.) Mr. Speaker, with much se­riousness, presented to the House a Letter out of Leicester-shire from Thomas Haslerig, (brother to Sir Arthur) which was read, to this purpose, That there was one Mr. Smalling, a Committee-man of Leicester-shire, who had been a Deputy examiner in the Star-Chamber, and affirmed, that above twenty years since there being a sute in Star-Chamber between the Earl of Bristol Complainant, and the Duke of Buckingham Defendant, concerning Physick presump­tuously administred by the said Duke to King James; the said Smalling took many Depositions therein, and was farther proceeding in the Examinations, until a Warrant, signed by the King, was brought him, commanding him to surcease, and to send him the Depositions already taken; which Smalling did: yet kept notes by him of the Principal passages, doubting what farther proceedings might be here­after in a business of such importance. Sir Henry Mildmay moved that Smalling be sent for, and examined upon Oath by the Com­mittee that penned the said Declaration; but upon motion of the Presbyterians, he was Ordered to be examined at the Commons Bar. Smalling came, produced the Warrant, but no Notes, so this Chimaera vanished.

What the said Committee would have made of this, who knows? God bless us all from clandestine examinations, especially when they are taken by parties pre-ingaged.

3. Caroli, This business had been ventilated and examined a­gainst the Duke, and no mention made of poysoning or killing King James; it was then only called, An Act of high presumption and dangerous consequence in the Duke: nor was there then the least reflection upon King Charles; yet now because King Charles [Page 75] dissolved that Parliament, the Independent party were willing to raise a suspition against him concerning His Fathers death: wher­as the accusation against the Duke of Buckingham, 3. Caroli, con­tained 7. or 8. Charges against him, the least whereof might occa­sion the dissolving of that Parliament.

These desperate courses (to dishonour the King, 74. Why the inde­pendents went so high against the King: To usurp the regal power into themselves, either in the Houses pur­ged, or in the Committee of Safety at Derby house. and make Him uncapable of Government, to ruine His Person, Crown and Dig­nity, and extirpate Monarchy root and branch) were taken in or­der to the usurping the Kingly power into the Grandees of the Par­liament and Army, and in case they could not purge the two Hou­ses, and make them wholly Independent, (which they now des­pair of) then into the Hands of the Committee, or Council of State at Derby-house, and Grandees of the Army. In order to which, they are now contriving to strengthen the said Committee with more power and more Members; and to adjourn the Parliament, and sent down the Presbyterian Members into the Country upon pretence of service, where if any Tumults happen (for which their extortions will give sufficient provocation) the said dissenting Members shall bear the blame; and have blank Impeachments given them to purge them out of the Houses, if not out of the world, or at least be sequestred: for now they have squeezed what they can out of the Kings party by Sequestrations, the next fewel to their covetousness is to sequester the Presbyteri­ans; and then to sequester one another: for they are already di­vided into Pure Independents and Mixed Independents, and have feuds amongst themselves, for this faction (insatiate with money and blood) are all beasts of prey; and when they want prey, will prey one upon another: nor shall the Houses meet above one month or two in a year to ratifie and approve what Derby-house, and the Junto of the Army shall dictate to them; and to give an account to the domineering party how eath Member hath carried himself in the Country. Thus instead of one King, 75. Why the Grandees do still continue to truck with the King, not­withstanding the said 4. Votes. we shall have twenty or thirty tyrants in chief, and as many subordi­nate Tyrants as they please to imploy under them, with the Iron yoak of an Army to hold us in subjection to their Arbitrary Go­vernment.

Notwithstanding the aforesaid four Votes and Resolutions, the Cabal of Grandees still keep Ashburnham and Barkley in the [Page 76] Army, and have sent divers Turn-coat-Cavaliers and Emissaries under-hand disguised to the King, who pretending that by Bribes they had bought their admission to Him, after some insi­nuations endeavour with false and deceitfull news and argu­ments to shake His constancy, and perswade him to pass the said 4. dethroning Bills, (for these Usurpers of Sovereign Authority long to turn their armed and violent Tyranny into a legal Ty­ranny) or (at least) to make him declare against the Scots coming in. In both which cases He will dis-hearten His Friends (who endeavour to take the golden reigns of Government out of the gripes of these Phaetons, and restore them again to His hand) un­king Himself and His Posterity for ever, be carried up and down like a stalking Horse to their Designs, and be Crowned Ludibrio Coronae, with straw or thorns. For who can think that at the end of twenty years, these Usurpers will lay down what they have so unjustly, contrary to all Laws, Divine and Humane, and con­trary to their own Declarations, Oathes and Covenants, extor­ted? And who can, or dare, wrest these powers out of their hands, being once setled and grown customary in them; the peo­ples spirits broken with an habitual servitude; a numerous Army and Garrisons hovering over them; and all places of Judicature filled with corrupt Judges, who shall by constrained inter­pretations of the Law, force bloody presidents out of them, a­gainst whosoever shall dare to be so good a Patriot as to oppose their Tyranny? They could make Steel sharp enough to cut Captain Burlies throat for attempting to rescue the King out of the hands of a Rebellious Army, that neither obeys King nor Par­liament, will find gold and silver enough to corrupt all the Judges: the mean to prefer and make them Wild and vild enough for their purposes. But it is hoped He hath more of a King, more of man in Him than to leese his Principles, and stumble again at the same stone, dash again upon the same Rock, whatsoever Syrens sing upon it; knowing He hath a Son at liberty to revenge His wrongs, all the Princes of Christendom His Allies, whose com­mon cause is controverted in His sufferings; the greatest men of England and Scotland of His blood, and the People generally (whose farthest design was, to preserve their Laws and Liber­ties, and to defend the Parliament from being conquered by the [Page 77] Sword) looking with an angry aspect upon these Seducers, who by insensible degrees, and many forgeries have ingaged them fur­ther than they intended, not to the Defence of Religion, Laws, and Liberties, but to the setting up of Schism, Committee Law, and Martial Law, Impeachments before the Lords, and unlimitted sla­very.

And I am confident this Faction despair of working upon the King, who like a Rock is mediis tutissimus undis, whatsoever re­ports they give out to the contrary, having from the beginning made lies their refuge, which being wisely foreseen by the King, He sent a Message to both Houses (by way of prevention) delive­red in the Painted-Chamber by the Lords of Louderdale, one of the Scots Commissioners, consisting of three heads,

1 That He was taken from Holdenby against his will.

2 That they should mantain the Honour and Privileges of Par­liament.

3 That they should believe no Message as coming from him du­ring his Restraint in the Army, but should only credit what they re­ceived from His own mouth.

These Grandees have cheated all the interests of the Kingdom, and have lately attempted the City again, and had the repulse. But the King is their old Customer, and hath been often chea­ted by them, and having him in strict custody, peradventure they may perswade Him it is for His safety to be deceived once more: wherefore (notwithstanding their many endeavours to root up Monarchy, dethrone the King, and His Posterity, and usurp his power; in order to which, they have over-whelmed Him, and all His, with innumerable calamities and reproaches) yet since the passing of the Declaration against the King, their desperate condition hath enforced them to make new Addresses in private to Him, notwithstanding their four Votes inflicting the penalitie of Treason upon the Infringers: But Treason is as natural to Cromwel, as false accusing, protesting, and lying; he is so super­lative a Traytor, that the Laws can lay no hold on him. Lieute­nant Colonel Lilburn in a verbal Charge delivered at the Com­mons Bar, accused him of many Treasonable Acts, which he a­vowed to make good: and in his Book, called, A Plea for a Ha­beas Corpus: But as if Cromwel were a Traytor cum privilegio, [Page 78] the House of Commons, (being under their Armed Guards) dares take no notice of it. But the Roman Tribune said to Scipio Africa­nus, in Livy, Qui jus aequum ferre non potest, in eum vim haud in­justam fore, he that exalts himself above the Law, ought not to be protected by the Law.

To conclude, Cromwel hath lately had private conference at Tarnham with Hammond.

The Earl of Southampton hath been courted to negotiate with the King, and offered the two Speakers hands for his warrant.

Capt. Titus taken into favour and imployed that way.

The Grandees have brought themselves into a mist, and now wander from one foolish design to another.

The Spaniard is said to forecast in his debates, what will hap­pen forty years after. But these purblind Politicians do not foresee the event of their Council forty days, nay hours beforehand; but it is a curse laid upon wicked men, to grope at noon day.

About 5 or 6 of Jan. 1647. the Scots Commissioners had written certain Letters to the House of Commons; 76. Debates in the Hou. of Com­mons upon the Scots Letters, 1 Concerning the said 4 Votes. one whereof repeating the four Votes against the King, propounded to know, whether the Houses by their Votes, That no person whatsoever do pre­sume to make or receive any Application or address to, or from the King, would debar the Scots to make or receive any Addresses to, or from Him, and so put an incapacity upon Him to perform acts of Go­vernment towards them. In the debate the Independents called to mind a more antient Vote, whereby it was Ordered, That the Scots might be admitted to the King. Against which was alle­ged, That these latter Votes, being made general, without excep­tion, Repealed that former Vote. At last by an interpretative Vote it was concluded, That notwithstanding the said four latter Votes, the former Vote, That the Scots Commissioners might make Ad­dresses to the King, was still in force. Observe that this was done four or five days after the Scots Commissioners were on their way towards Scotland.

2 Concerning 100000 l. due to the Scots.The second Letter was concerning 100000 l. due by contract to the Scots from the Parliament, whereof 50000 l. was payable by assignment to divers Scots Gentlemen who had advanced mo­ney to hasten the Scots Army to our relief; whereof 10000 l. was payable to the Earl of Argyle.

Sir Henry Milmay made a long Speech in praise of Argyle; saying, That he and his party, and the Scotish Clergy, were the onely men that upheld the English interest in Scotland, and were better friends to us than all Scotland besides: wherefore he moved, that Argyle might be paid his 10000 l. and the rest continued at inte­rest, at 8 l. per cent. Presently the whole Independent gang, with much zeal, and little discretion, ran that way, untill more mode­rate men stopping them in full cry, minded them what dishonour and danger they might bring their friend into by laying him open to suspition.

After this it was resolved to send four Commons and 2 Lords into Scotland as Commissioners, with instructions. 77. Six Commissi­oners sent into Scotland. To send all Independents, would not be acceptable; 2. Presbyterian Commo­ners therefore were sent, one whereof was sweetned with the gift of 1000 l. and an Office, before they would trust him: with them were sent Mr. Hearl, and Mr. Marshal.

Marshal, when he saw Independency prevail, 78. Mr. Marshal. had secretly tur­ned his coat the wrong side outward, and joyned interest with Mr. Nye; but before he declared himself, he was to do some service for his new party: wherefore when the Army looked with a threatning posture upon the Parliament and City, before they marched through London, (the common Souldiers being in such discontent for want of pay, that they were ready to mutiny and disband, and their Officers scarce daring to Govern them) the first fruits of Marshal's service to his new friends, was, to per­swade the City to lend the Parliament 50000 l. to pacifie the Soul­diers: assuring them by Letters, that the Army had nothing but good thoughts toward the City, onely the common Souldiers were troubled for want of pay: After the City had laid down the said 50000 l. his next labour was, to perswade the Citizens to let the Army march through the City without opposition, for avoiding of blood-shed and firing; and to let them possess the Tower, and Line of Communication. After these services, the Grandees of the Parlia­ment and Army, finding him suitable to them, received him into an avowed favour, and then four Independents and four Presby­terian Divines (conjoyning their Interests) were sent to season the Army, and new tune them according to the more modern de­sign: Marshal was one, where, after he had preached according to [Page 80] the Dictates of the Grandees of the two Houses and Army for divers weeks, Marshal was thought fit to attend the Commissio­ners into Scotland: He and Master Nye had been sent to Caris­broke Castle formerly with those Commissioners that carried the 4 Bils to the King, and had 500 l. a piece given them for their jour­ney.

Scotland, a longer journey, promised a larger reward; it is good being a Postilion of the Gospel at such rates.

The Sunday before he went, he preached at Margarets West­minster, and as much cried up Presbytery and the Covenant there, as he had before slighted them in the Army. This was a Prepa­ration Sermon, to make him acceptable to Scots, that he might cajole them the easier. Before he went he sent his Agents from house to house at Westminster, to beg mens good wills towards his journey. He was willing upon this pretence to get what he could from St. Margarets Parish, where he found the people to grow cold in their affections, and contributions to him. Wherefore having made his bargain before he went, to leave S. Margarets, and officiate in the Abby where he is to have 300 l. per annum cer­tain allowance, he would rob the Aegyptians at Saint Margarets for a parting blow. This Priest married his own Daughter with the Book of Common prayer and a Ring, and gave for reason, that the Statute establishing that Liturgy was not yet repealed, and he was loath to have his Daughter whored and turned back upon him for want of a Legal Marriage: Yet he can declare against all use of it by others. He hath so long cursed Meroz and neutrality, that he hath brought Gods curse upon the Land, and hath put Church and Commonwealth into a flame, but himself and his Brats have warmed their fingers at it: as Monies are decried or enhaunsed by the Kings Authority, so is every mans Religion cryed up or down by Marshal's authority and stamp.

76. The Answer [...]o the Scots Declaration.About the 24 of February, the Answer to the Scots Declaration began to be debated in parts: in which Debate the Covenant was much undervalued, and called, An Almanack out of Date. Nathaniel Fiennes argued against it, That that clause in the Covenant, [To Defend the Kings Person, Crown, and Dignity, &c.] was inconsistent with their four Votes, for making no Addresses to the KING: To which was answered by some, [Page 81] That then they would relinquish the four Votes and adhere to the Co­venant.

About the beginning of March, was given to Col. Sydenham and Col. Bingham 1000 l. a piece as part of their Arrears; 80. Money shared amongst godly Members. their Accounts not yet stated. To the Lord of Broghil 2000 l. To Mr. Fenwick 500 l. for losses. To Mr. Millington 2000 l. for losses. To Col. Ven 4000 l. notwithstanding in was moved he might first ac­count for Contribution money, the plunder of the Country about Windsor, and the Kings Houshold-stuff, Hangings, Linnen, and Bedding. Mr. Purie the Petty-bag office, besides 1000 l. formerly given him. To Purie's Son, the Clerk of the Peaces place, and 100 l. a year: all Independents.

The 7. of March, an Ordinance passed the Commons to settle 2500 l. a year land, out of the Marquess of Worcesters estate, 81. Cromwel. up­on Lieut. Gen. Oliver Cromwel. I have heard some Gentlemen, that know the Mannor of Chepstow, and the rest of the Lands set­led upon him, affirm, that in the particulars the said lands are so favourably rated, that they are worth 5000 l. or 6000 l. a year: It is farther said those lands are bravely wooded. You see though they have not made King CHARLES a glorious King, as they promised, yet they have setled a Crown Revenue upon Oliver, and have made him as great and glorious a K. as ever John of Leyden was. Wonder not that they conspire to keep up this Army, as well to make good these Largesses, as to keep their guilty heads upon their Shoulders.

Thursday 9. March, 82. A Message frō the Lords desi­ring the Com­mons concur­rence to the Ingagement of the Members with the Army. The Ingagem, approved by threats. the Lords sent a Message to the House of Commons, To desire their concurrence to the Ingagement of those Members that fled to the Army, to live and die with the Army. It was debated all day untill 7. of the clotk at night; and at last the ques ion put. That this House doth approve the subscription of the said Members to the said Ingagement. The House divided upon the question, yeas 100. noes 91.

Observe, 1. that Mr. Solicitor, Haslerig, and many more, when they perceived difficulty in passing it, began to skirmish with their long Sword again. And many told them, they must live content without dores (meaning the Army) as well as within, else all would go naught.

2. 44. Of those Members that ingaged with the Army sate in [Page 82] the House, and Voted in their own case; many of them carrying themselves very high and insolent in their gestures and expressi­ons.

3. Many Presbyterians left the House because it was late; and some (as it is thought) not daring to Vote in the Negative.

4. This Engagement about six months ago had been sent to the Commons by the Lords, once or twice, and was rejected, yet now was obtruded upon them again by the Lords, who would not acquiesce, contrary to the privileges of the House of Com­mons.

5. This approbation thus surreptitiously gotten, is equal to a Pardon sued forth before Conviction, which in Law amounteth to a Confession of the Crime.

83. The temper of the House tri­ed, had the Ingagement not been ap­proved, a new Charge from the Army intended.6. The Agitators tell you in Derby-house Projects, pag. 7. That this Engagement was sent down to the Commons to try the temper of the House, and if the House had not approved of the Eagagement, the resolution of their secret Counsel was to fly to their Armes, and make a new Charge against their principal opposers; for they ac­knowledge amongst themselves, That they Rule by Power only, and that the House of Commons is no longer theirs than they overawe them, and that they fear the Critical day will come which will disco­ver the Parliament to be no longer theirs than while they have a force upon it.

As men ready to sink embrace every shadow of help, and catch hold of leaves, twigs, and bulrushes, to support them; so these de­sperate and purblind protectors, having engaged themselves in a way of Tyranny, out of which they can find no issue, lay hold of frivolous inventions to peece up from time to time their ill-laid designs, like the man in the parable, That patched up his old Gar­ment with new cloath, which breaking out again, left the rent wider than it was before.

Their last project was to unite all Interests in the Houses, City, and Army; 84: A project to unite all In­terests. To which purpose Cromwel (the heaviest, basest, and most ridiculous Tyrant that ever any noble Nation groned under) made a Speech in the House of Commons: To which was An­swered, That the Members were chosen and trusted by the people, to pursue one common Interest, which was, the common good, the safe­ty and Liberty of the People, and whosoever had any peculiar Interest [Page 83] eccentrick from that, was not fit to sit in that assembly, and deserved to be called to a strict account by those that trusted him.

Observe, See the Argument against all accommo­datiō between the City and Grandees, &c. and the seaso­nable caution to the City, printed at the latter end of this Book. that the extent of this project was to conjoyn these three Interests from upholding the greatnesse of the Grandees, in the Parliament, City, and Army; for in all three the vulger multi­tude, and the more modest and honest sort, are but in the same con­dition with other men: the Parliament bearing the Authority, the Army the Sword, and the City the purse.

The first, shall be the Task-masters, and impose Tribute.

The second, the Sheriffs, or rather free-booters, to leavy it by distresse.

And the third, the Brokers, to receive and buy it off.

But it pleased God to bestow so much providence and integrity upon the City, that when upon Saturday 8. April, 1646. Cromwel and his fellow Grandees offered this temptation (at a Common-Councel) to them,

The City grew wiser than our first Parents, and rejected the Serpent and his subtilties, insomuch that Cromwel netled with the affront, called his Solicitor Glover to account by what Authority he had offered the restitution of the Tower and Militia, and the inlargement of their accused Aldermen: who answered, he did it by his Authority, and delivered him a Warrant to that purpose signed by Sir Thomas Fairfax, Oliver Cromwel, Mr. Solicitor, and young Sir Henry Vane, which Cromwel had the impudence to put in his pocket.

Cromwel had felt the pulse of the City long before by his A­gents Glover and Watkins, 85. A device to put the Ap­prentices into a Tumult. and found them averse from comply­ing with him: wherefore (being a man of an early, as well as an implacable malice) he (by the advice of the Committee of Derby-house) cast about with the Schismatical Lord Mayor Warner, (he that raised the ridiculous Tumult at Christmas about Rosemary and Bayes, a man that had been chosen Mayor by power of Par­liament, (out of course) to carry on the design of the faction) and with the Lieutenant of the Tower, how to put the City into some distemper, of which they might take advantage. The Citi­zens were well acquainted with their jugling tricks, they had no hopes to work upon them: wherefore they contrived how to put a provocation upon the silly Apprentice Boys, and put them [Page 84] forth into some rash action, of which they might make use to carry on their designes against the whole City: wherefore upon Easter-day, 1648. in the evening some few apprentices playing in Finnisbury fields, some Souldiers were sent to drive them away; which they did, and imprisoned some of them for not readily o­beying: upon Sunday following, 9. April, divers Apprentices be­ing at play (according to custome) in Moor-fields, the Mayor sent Capt. Gale (one of the new Captains of the Hamlets, a Silk-Throster, and a Tub-preacher, and one that ran away at the fight at Newbury wash, and hid himself in a Ditch, as my L. Wharton at the Battle of Keynton hid himself in a Saw-pit) thither to disturb them, with about 50. or 60. of his Trained Band, and no more; (that he might the better encourage the Boys to resist him) who surlily asking them What they did there? some of them answered, they did no harm but only play; and since all Holy dayes have been Voted down, they had no other time of Recreation: The Captain insolently commanded them to be gone; they replyed, he had no authority so to do, and continued playing: whereupon the Captain commanded his Musquetiers to shoot amongst them; which they forbearing, he took a Musquet himself, and discharged amongst them, when presently two or three schismatical Musquetiers of his Company following his example, discharged upon them likewise, and killed (or, as the Schismaticks say, wounded only) one of the Boyes: whereat the Boys making a great out-cry, more company gathered to them, and so with stones, brick-bats, and sticks, they dispersed the Trained Band, and at last got their Colours, and instantly in a childish jollity marched (un-armed as they were) towards the Mewes, when presently a party of Horse (ready prepared for this forelaid design) met them, charged, and with ease routed them; Cromwel himself animating the Troopers to shoot and spit them, and to spare neither man woman nor child. All Sunday night the Apprentices kept in a body in the Ci­ty, locked the City gates, but set no guards upon them; where­by you may see this business proceeded meerly from the rash and unpremeditated folly of Children, not from the advice of Men: howsoever the Independent faction in the House of Commons have since aggravated it: to countenance their future cruelty and rapines upon the City. Monday morning Sir Tho. Fairfax sent a [Page 85] strong party into the City, who fell upon the Boyish rabble, rou­ted and killed many, and shot poor Women great with Child, sitting in their stalls, one whereof the Child lived two hours in her belly after her brains were shot out: a man likewise not knowing of their coming, as he was drinking Milk at the cor­ner of a street, was shot (as it were) in sport: as they rid, they cryed, Cuckolds keep your Houses, cutting and wounding all they met; Cromwel (who followed in the Reer safe enoogh; the Van having cleered the streets before him) cryed out to them to Fire the City. Oh Oliver! what a barbarous John of Leyden art thou become? Oh London! how wretched a Munster wilt thou be­come? at last they drove those silly unarmed wretches into Lea­den-hall, and took many of them Prisoners, none of the Trai­ned Bands, nor Citizens, appearing to help those poor Boys, but leaving the Souldiers to get a bloody and boyish Triumph o­ver them, as they pleased; they are now imprisoned in Crom­wels shambles at White-hall. This is the truth of the businesse, notwithstanding, the long-winded lying report made by Alder­man Fouks, at the Commons Bar: a man that hath feather'd his nest well these miserable times, and hath much publick money sticking to his fingers; who, when he gave in his accompt before the Ge­neral Committee of Accounts, refused to give it in upon Oath, (as other men did) alleging Magna Charta, that no man was bound to accuse himself. It should seem he had something in his Conscience that would not endure the test of an Oath: but he is one of the Godly, and therefore the good things of this world belong unto him.

The House of Commons (upon this occasion) gave 1000 l. to the Souldiers for their valorous exploit, and Voted 1000 Foot, and 100 Horse to be kept in the Tower. The Garrisons of White­hall and the Mewes to be strengthened: 3 Barges capable of 50 Musquetiers apiece to lie at Whitehall for the Souldiers to convey themselves to any landing place to disperse such watermen as shal assemble: The City Chains to be taken away from their Posts, and a Commission of Oyer and Terminer to issue forth to murder more of these Children legally.

The Mayor having kindled this fire in the City, stole out at a window disguised, and hid his foolish head in the Tower.

The House of Commons (over-ruled by the Grandees) Voted a day of thanksgiving for this delivery. So bold are these Saints, as to mock Gods holy name with impious devotions to colour their designs.

86. The Lord In­chiquin.The Lord Inchiquin, president of Munster and General of the Army there, had a long time been heaved at by the Indepe [...]dent faction. The Lord Lisle, (who gaped after his imployment) Sir John Temple, Cromwell, the Lord Broughill, Sir Arthur and Sir Adam Loftus, and others: who by obstructing all supplies of Money, Ammunition, Victual, Cloathes, laboured to muti­ny and disband his Army, that they might send Schismaticks of their o [...]n party to Lord it there, as they do here, and keep Ireland as a Retreat for the Saints: for the better effecting whereof they sent over many Emissaries, whom they had commended to him, to be officers in his Army. When this would not do, they Prin­ted scandalous Articles against him, and put infinite provocati­ons upon him to incite him to do that which they falsly accused him to have done already; But the many gallant-services he pre­formed since the publishing those Articles gave them the lie, and confuted all their slanders: at last (under colour of sending a supply of forces to him) they projected to surprise him, and bring him away prisoner; so that he hath suffered all the con­vulsions that trecherous friends, and malicious enemies could put upon him. And lately (for the more close conveyance of the design) the Houses sent three Commissioners towards Ire­land, to survey his Actions; but (as if it were purposely done) when the Commissioners came as far on their way as Bristol, about a dozen renegado Officers of his Army met the Commissi­oners and turned them back again. The said Officers posted up to the Parliament before the Commissioners, and the 13 April were called in to the Commons Bar, where they made a relation to the House to this purpose; That the Lord Inchiquin having made an expedition into the County of Kerry, upon his return, sent for these Officers into his presence Chamber, and told them, He intended to declare against the Army and Independent party in England, who kept the King and Parliament under a force, that he would stand for the Liberty of the King and Parliament, and a free Conference to settle Peace; and that he expected all his Officers [Page 87] should joyn with him in so honourable an undertaking; but should take an Oath of secrecy, before he discover'd himself farther to them. They Answered, They could make no such Oath before they knew whether they might with a safe conscience keep it, saying, they would be true to the Parliament. My Lord Inchiquin replied, So have I, and will be; delude me not with ambiguous words, do you mean this pretended Parliament? telling them farther, he had good correspon­dence with all the Presbyterians in Scotland and England, as well in the Parliament, as out of it; that he doubted not to go through with his undertaking; and if the worst hapned, to make good condi­tions for himself and his party. That he would make peace with my Lord Taff, ( and that he knew the Independents in England were upon Treaty with Owen Roe Oneal) who was a man of their hu­mour, and loved to keep all in combustion. They refused to joyn, he dismissed them for England. The same day Letters from Capt. John Growthen (Vice-Admiral of the Irish Seas) from a shipboard, were read in the House, much to the same purpose, though not so large: wherein he said, He had already blocked up all my Lord In­chiquin's Havens.

Presently Allen the Goldsmith moved, 87. Allen the Gold-smith moveth to put the House to the touch by some Cove­nant, Declara­tion, &c. That since the Lord In­chiquin had discovered that he had a correspondency with the Pres­byterians in the House, before they dealt with their Enemies with­out doors, they should try who were their Enemies within doores, by putting all men to some Covenant, Engagement, or Protestation, &c. And Lieutenant General Cromwell said, That being to de­bate this business to morrow, whosoever with crosse Arguments shall spin out the debate, and so retard our prceedings, (by my con­sent) shall be noted with a Black Coal: to which was answered, That this tended to take away freedom of debate, which was the life of Parliaments, and of all Councils; and was destructive to the very being of Parliaments.

It is not amisse to insert here by way of digression, what I for­merly omitted: Sir Henry Mildmay long since moved, That 150 rich Guard Coats of the King, might be sold for 800 l. to find Fire and Candle for the Souldiers in White-hall. The question put: The Speaker gave judgement, the Yeas had it. Mr. Edward Stephens declared the Noes had it. They were unwilling to divide upon such a question: but Mr. Stephens persisted; and Robert Reynolds, [Page 88] said aloud, notice shall be taken of him for putting such a dishonour upon the House. Upon the Division, the Noes carried it by nine voices. Thereupon, complaint was made against Reynolds for at­tempting against the liberty of Voting, but no redress.

But to return from my digression: the next day (14 of April) it was moved that my Lord Inchiquin's Son, a Child of 8 or 9 years old, going to School at Thistleworth, might be secured in the Tower and kept for a Hostage. To which was Answered, That no man could take an Hostage without consent: an Hostage must be given upon the publick faith, upon some stipulation, and must be so received, by mutual agreement; you cannot punish the child for the Fathers fault; yet he was voted to the Tower, and sent. My Lord Inchinquin's Commission as President of Munster, and General of the Army, Voted void, and no man to obey him, himself Voted a Traitor; yet no man examined upon Oath against him, nor any man sent to take information of the businesse into Ireland, and his professed enemy the Lord Lisle, is to go General into Munster in his room; and the said fugitive Officers all rewarded, as if they had brought acceptable news.

This day Reynolds revived Allens motion for putting the Mem­bers to the Test, by some Covenant, Protestation, or Declaration, subscribed, That this is a free Parliament, and that they would live and die with this Parliament and Army: To which was answered,

1. That by Ordinance of both Houses, all men were enjoyned to take the National Covenant. This Covenant is the true Touch-stone of the Parliament, and so agreed upon by the wisdom of both Nations; yet many sit here who refuse to obey this Ordi­nance: I know no reason therefore why any man should obey you in any other Ordinance of this Nature: let us keep the old Cove­nant before we take any new.

2. It hath been moved in the House, that the Oathes of Justi­ces of the Peace, and Sheriffs, might be taken away: I hope you will not abolish legal Oathes, and impose illegal Oathes. This House hath not so much Authority, as to administer an Oath, much more to impose one: you must allow to others that liberty of Conscience which you demand for your selves.

3. Major Gray told you my Lord Inchiquin said he had cor­respondency with all the Presbyterians in the House, who had [Page 89] made their peace with the King. But my Lord Inchiquin told him farther, the Independents were upon Treaty with Owen Roe, and Oneal, let them clear themselves of that imputation first before they give a purgation unto others, otherwise what you do will sa­vour of force.

4. The true Touch-stone to try every mans integrity is to exa­mine, who have inriched themselves by the calamities of the times and your service, and who are impoverished.

5. This is a new device to purge the House.

The Grandees of the House have cantonized the Kingdom be­tween them, 88. The Counties compelled to give thanks to the Houses for their Votes against the King. every man in his Division protecting the Country Committees, and receiving tribute from them in recompence of their protection; and Prideaux the Post master being King of the West Saxons, his Vice-roy or Lord Deputy for the County of So­merset is that running Col. John Pyne, who being often inspired with Sack, rules the Committee and County by inspirations. Pyne and his Peers of the Committee, to please his superiours, set on foot a draught of a Petition to be handed by the Country, Gi­ving thanks to the Parliament for the four Votes against the King, and promising to live and die with the Parliament and Army, and desiring the County might be freed from Malignants, Neuters, and Apostates; which (in their interpretation) signifies Presbyterians and moderate men, who will not dance about the flame when the Independents make a Bonfire of the Common-wealth. The Ea­stern Division of Somerset-shire rejected the Petition; in the Western Division Pyne and his Committee sending abroad his Sequestrators with the Petition, (threatned to take them for Ma­lignants, and Sequester them that refused) got many Subscriptions; but the Subscribers since (better informed of the danger and mis­chief of those Votes) retracted what they had done by a coun­ter Petition, wherein they declare, that their Subscription to the former Petition was contrary to their Judgement and Consciences, and extorted by the terror of Sequestrators, and threats of being Se­questred. This affront stung the Committee, and opened the eyes of the Country: As the like foolish attempt of Sir Henry Mildmay did the eyes of the County of Essex. Wherefore to find a Plaster for this broken pate, Sergeant Wild (he that hang'd Capt. Burly) coming that Circuit, care was taken to have a select Grand-Jury [Page 90] of Schismaticks and Sequestrators blended together, who made a presentment subscribed by 19. of their hands, which Ser­geant Wild preserved in his pocket; and upon Tuesday 18. April, delivered with as much gravity as a set speech and a set ruffe could furnish him withall in the House of Commons, and was read and hearkned unto by the thriving Godly, with as much attention, as pricking up of eares, and turning up of eyes could demonstrate: the Contents of this presentment were the same with the afore­said revoked Petition. Great care was taken to give thanks to the High Sheriff and Grand Jury, who had so freely delivered the sence of that wel-affected County: and as much care taken to improve this Talent and put it to interest throughout the King­dom. Collonel Purefoy is now at this work in Warwick-shire. Sir Arthur Haslerig about Newcastle, others in other places. Pitifull Crutches to support a cripled reputation, which now halts, and begs for relief worse than their own maimed Souldiers do, and with as bad success, they have juggled themselves out of cre­dit, and would fain juggle themselves in again. Behold the wisdom of our Grandees, wise, religious, new-modelled Politicians, who have brought themselves and the whole Kingdom into these de­plorable, contemptible straits; take notice of your Representa­tive, you that are represented, call them to a seasonable account: But whither doth my zeal carry me? I shall anon stumble upon a new fangled Treason to be declared against me, without, nay a­gainst Law.

89. Mens tongues tied up by an Ordinance.Friday 21. April, An Ordinance was presented to the House, in­tituled, For suppressing all Tumults and insurrections (the Com­mittee of Safety at Derby House had before an ample power con­ferred upon them for that purpose; but guilty consciences, though they be safe, are never secure; like Cain, they think that every man will slay them) it was passed after some amendments to this purpose, That any three Committee-men shall have Power to Im­prison and Sequester all such as shall actually adhere to any that shall raise or endeavour to raise Tumults and Insurrections; or shall speak or publish any thing reproachfull to the Parliament, or their proceedings. Behold here an excise (amounting to the Value of all you have) set upon every light word; a man made an offender for a word, to the utter ruine of him and his posterity, under [Page 91] colour of defending Laws, Liberties, and Properties, you are chea­ted of them all, and reduced to meer and absolute slavery and beg­gery: you are not Masters of your own carcasses, yet your mouths are but toned up; you must not be allowed that silly comfort of venting your griefs by way of complaint; what Tyrant was ever so barbarous, so indiscreet as to do the like? It was moved that Offenders of this kind might be bound to the good behaviour, and the offences proved openly at the Assizes or Sessions, before so destructive a punishment be inflicted. There are three prin­ciples in Law, of which the Laws are very tender, and will not suf­fer them to be touched but upon great Offences, cleer proofs, and exact formalities observed, life, liberty, and estate: by Magna Charta, the Petition of Right, and many other Statutes, these prin­ciples are so sacred, that nothing but the Law can meddle with them, Nemo imprisonetur aut disseisietur nisi per legale judicium parium suorum. You have made the people shed their money and blood abundantly, pretending defence of Religion, Laws, and Li­berties; let them now at last (being a time of peace) enjoy what they have so dearly paid for; and delay them not with a pretended necessity of your own making; you now make all that is, or can be neer and deer to them, liable to the passions of three Committee-men, to judge and execute according to their discre­tion, without Law, or so much as a formality thereof: And yet both Houses of Parliament have often heretofore offered to abolish those Committees, as men whose wickednesse and folly they and the whole Kingdom were ashamed of. The Grandees of the Parliament and Army, when the Houses are called, and full, have resolved to draw their forces neer about the Town, and by that terrour to trie the temper of the Houses; such Members as will not comply with them, they will with fresh Charges purge out of the House, and publish base and infamous scandals against them, to which if they submit with silence, they betray their re­putations for ever, and spare the credits of their jugling enemies. If they make any defence for their honours by way of Apology, they shall be brought within the compasse of this devouring, in­slaving Ordinance, as men that reproach the Parliament, and their Proceedings. Thus the same whip shall hang over the shoulders of the Presbyterian party, (who will not agree to King-deposing [Page 92] Anarchy and Shism) as it did formerly over the Kings party. And the Presbyterians shall be squeesed into the Independents coffers, as formerly the Kings party were, so long as they had any thing to lose; for the whole earth is little enough for these Saints, who are never satisfied with money and blood, although they never look towards Heaven but through the spectacles of this world. The old elogium and Character of this English Nation was, that they were Hilaris gens, cui libera mens & libera lingua: But now (Country-men) your tongues are in the Stocks, your bo­dies in every gaole, your souls in the dark, and estates in the mercy of those that have no mercy, and at the discretions of those that have no discretion: Farewell English liberty.

90. The Kentish Committee-War.In the Epistle to this book, I have given you an account of the bloody Answer given to the Surrey Petitioners, May 16. 1648. I must in the next place speak something of the Kentish Petition, and of the Committee-war they raysed to oppose it; which took his rising and beginning partly from the insolencies and oppressi­ons of their tyrannical Committee-men, (persons for the most part of weak fortunes, and weaker wits) and partly from the frantick zeal of the Mayor of Canterbury (who for his Religion, pru­dence and honesty, may well be younger brother to Warner Lord Mayor of London) upon Christmas day 1648. sundry peo­ple going to the Church of Canterbury to solemnize that day, were uncivily interrogated, and roughly handled by the Mayor, as if it were superstition, nay impiety to serve God on that day; or as if some dayes were exempted from serving God, as some days are exempted from worldly labour: This grew to a Tumult, which the Committee of the County hearing, they presently gathered forces to make ostentation of their power in suppressing it, but were pre­vented by intelligence that all was quiet; but this quietnesse was rather a truce, than a lasting peace, a desire of revenge against the Mayor for wounding some of the People, like fire hid under ashes, broke forth two dayes after, but was presently pacified by the dis­creet indeavours of Sir W. Man, Ald. Sabin, and Mr. Lovelace a Lawyer. The Committee of that County presently assemble forces, with which (together with their Chaplains & other instruments of war) they march to reduce the City, and (though they had newes that all was appeased) yet would they not believe it, but conti­nued [Page 93] their march in triumph; where finding the Gates open, they took them off and burnt them, threw down part of their Walls, thereby degrading the City, and turning it into a Village, as a trophy of their high indignation; committed many to Pri­son upon light suspicions, amongst whom, the aforesaid 3 Peace­makers, for being so saucy as to compose the difference, and thereby deprive their highnesses of a Triumphant Victory. For these upstart Committees mounted above the sphere of their a­ctivity, and having stolen his Majesties Sword (His principal marke of Soveraignty wherewith he protects his people) out of his Scabbard, know not how to use it, but to the destruction of the people: like ill-natured Children, they have gotten a gay thing, and must do mischief with it. And for farther magnifying of their power to the Country, and their diligence to the Parlia­ment, they charged the prisoners with High Treason, and so forgot them languishing in Gaol, had not those Gentlemen re­membred themselves and clamoured for a Trial; which at last was granted them by a Commission of Oyer and Terminer to Sergeant Wyld, and Sergeant Creswell: the Juries were men known to be wel-affected to the Parliament, who found Ignora­mus upon the Bill, and (notwithstanding many checks and taunts from the Committee, and the refusing of the return) adhered, so that the Court adjourned for some months: Hereupon the Ken­tish men fearing the tyrannical disposition of their Committees, consulted with the said Grand Jury upon the place concerning a Petition to the Parliament for Peace, to end our distractions; which Petition was subscribed by the Grand Jury, in the name of the whole County. The Committee jealous that these things would hearten the People, and loosen the bonds of that slavish fo [...]r, wherein they had hitherto held them captive, printed, and cau­sed to be published in all Churches a Paper prohibiting the same Petition, and branding it with the name of seditious and tumultu­ous, saying, they would hang two in every Parish that were promo­ters of it, and sequester the rest. And endeavoured first to raise forces in the County; but at last made their complaint to the Ar­my. When the Country saw their just desires like to be suppressed by Arms, and themselves to be still Committee-ridden, they resolved upon a place of meeting to promote their Petition, and [Page 94] to come Armed thither for their own defence onely. But the County Committee plied their businesse so well with the Com­mittee of Derby House and the Army, that they first drew a par­ty of Horse into the County, who committed many murders ac­cording to Custome, and then the whole Army which at Black­heath encamped on the same place where the Petitioners intended to Rendezvouz. So the result of all is but this: The whole County of Kent oppressed by a tyrannous Committee, and a lingting war, now likely to be renued, prepare to present a Petition to the Par­liament for Peace, and had appointed a day and place of meeting, which by reason of the large extent of the County they could not alter at the pleasure of the Committee: and being terrified by the menaces and warlike preparations of the said Committee, brought their Arms with them in order onely to self-defence, (allowed by the Laws of God and Man, and by the doctrine and practice of this Parliament and Army; and peradventure induced thereto by the sad Massacre of the Surry Petitioners) The Com­mittee to support their usurped, illegal authority, invite an Army to break in upon them with fire and sword, and so enforced them upon thoughts and actions of War, never before thought on: as will appear,

1. Because many of the Petitioners went home the next day af­ter the Rendezvouz.

2. The County had provided no General, nor no old Comman­ders.

3. They never thought of forming an Army until Sir Tho. Fair­fax was storming one of their Towns.

4. The Kentish-men were compelled to take in Sandwich, and the 3 Castles, lest they should fall upon the backs of them when the Army marched against them; yet did they hurt no man in per­son or goods: which argued a peaceable disposition, ayming only at defence. Thus you see a whole County always wel-affected to the Parliament, complaining of a few Independent se­ctary Committee-men, Sequestrators, &c. for infinite oppressi­ons and cheats dayly committed: they being weighed in the scales together, the whole County are thought too light for want of an unpartial holding the ballance even: one prudential consideration, that they must not discountenance their friends [Page 95] (as they call the Committee) and something else more substanti­al, being put upon the Committees scale, hoyseth the whole Coun­ty into the ayr. And when the Parliaments Army was at Black­heath, the County sending some of their Gentry with Petitionary Letters to the House of Commons, declaring the peaceablenesse of their inclinations, their continued obedience to the Houses, and a desire their grievances against their Committee might be put into a way of examination and redresse, they could obtain no other An­swer (the schismatical ingaged party overpowering the House with the near approach of their own Army, for it is no bodies else) than, that they would send them an answer by their General; which was as much as if they had said, They would send an answer by the Executioner: the terrour of this answer made the Country despe­rately ingage in an un-premeditated War, for which they were wholly unprovided, as the irresolute and distracted mana­ging of it makes manifest. But this advantage was greedily laid hold of by the Saints, to ravish a victory from the Country, which they were resolved to use with so much secrecy and solemn cruelty, that the example thereof should strike an awfulnesse in­to the hearts of all that should hear of it, and beget a slavish fear in the whole Kingdom to submit to the laying aside of the KING, and his Negative Voice, and the establishing of a tyrannical Oligarchy, in the Grandees of the two Houses and Army: for finding the whole Kingdom to hate them with a perfect hatred, they have no hope to govern by Love, but by Fear; which (according to the Turkish rule) is more predomi­nant and constant passion. And certainly had not Goring's pas­sing over at Greenwich into Essex compelled Fairfax to follow immediately after with his Army, they had been used with much extremity: insomuch that Weaver, (a Member, fuller of zeal than wisdom, though wise enough for his own profit, as most Saints and knaves are) moved in the House, That all Kent might be sequestred, because they had rebelled, and all Essex, because they would rebell. And truly this is as good a way as Cromwel's selling his Welch Prisoners for 12 d. a head to be transported into barba­rous Plantations, whereby to expell the Canaanites, and make new plantations in old England for the Godly, the seed of the Faithfull: for this faction (like the Divell) cry, all is mine.

[Page 96] 91. Banbury-Castle obtruded upon the State.27. May A friend of my Lord Say's moved in the House of Commons, That Banbury-Castle might be demolished to prevent a­ny surprise thereof by Malignants, saying, it had already cost the State 200000 l. to reduce it, and had undone the Country, which was unable to pay for it: it belonged to a Noble, Godly person, the L. Say, and it was not fit to demolish it without his consent and recompence; it was therefore desired the State should bear the charge, his Lord­ship being willing to sell it for 2000 l. To which was answered, That other well-affected Gentlemen had their Houses destroyed for service of the State, without recompence, not so well provided to bear the loss as my Lord Say; as Mr. Charles Doyly, two handsome habitable Houses, Mr. Vachell, some Houses in Reading, and o­thers well deserving of the State, though not of themselves. This Castle was unhabitable, a rude heap of stones, a publick nusance to the Country. It cost his Lordship but 500 l. and now to obtrude it upon the State at 2000 l. price, in so great a scarcity and want of mony, the Kingdom graoning under Taxes, was not reasonable. So Divine providence not saying Amen to it, this Cheat failed like the untimely birth of a Woman.

92: The Impeach­ed Lords, Members and Aldermen.About the beginning of June, a debate hapned in the House of Commons about the four imprisoned Aldermen, occasioned by a Petition from the City, and concerning the impeached Lords and Commons. Mr. Gewen spake modestly in their behalf, saying, That what they did was done by virtue of an Ordinance of Parliament made this very Sessions of Parliament, and without any intent to raise a new war, but only to defend the City against the menaces of the Army marching up against them and the Parliament. But Mr. Gourdon (a man hot enough for his zeal to set a Kingdom on fire) Answered, He thought they intended a new War, and were encoura­ged thereto by the Gentleman that spake last; when he said to them at their Common Council, Ʋp and be doing: Mr. Walker (perceiving Mr. Gewen to be causlesly reflected upon) replied, that since this de­bate upon the City Petition tended towards a closing up of all diffe­rences, it was unfit, men that spake their consciences freely and mo­destly should be upbraided with Repetitions tending to dis-union, and desired men might not be permitted to vent their malice un­der colour of shewing their zeal: when presently. Tho. Scot, the Brewers Clerk (he that hath a Tally of every mans faults but his [Page 97] own hanging at his Girdle by virtue of his Office, being Deputy-Inquisitor, or Hangman to Miles Corbet in the clandestine Com­mittee of examinations) replyed upon Mr. Walker, That the Gent. that spake last was not so well-affected, but that the close Commit­tee of examinations would find cause to take an order with him shortly: Mr. Walker offered to answer him, and demanded the Ju­stice of the House, but could not be heard: those that spake in behalf of the Aldermen, were often affronted, and threatned with the displeasure of the Army, which they alleged, would be apt to fall into distempers if we discharged them. Notwithstanding these menaces, it was Voted, that the House would not prosecute their Impeachments against the said four Aldermen, Sir John Maynard, and the seven Lords; and that they would proceed no faother upon their Order for impeaching Mr. Hollis, Sir William Waller, &c. Two or three dayes after, a motion was set on foot, That the Or­der whereby the said Members were disabled from being of the House might be revoked; many zealots argued fiercely, and threat­ned against it; amongst many arguments for them, a President was insisted upon, That Master Henry Martin was by Order disabled from being a Member, yet was afterwards readmitted upon his old Election: and desired these Gentlemen might find equall justice. The House having freed them à Culpa, could not in equity but free them à poena, and put them in the remainder of all that belon­ged to them. But Sir Peter Wentworth answered, That Mr. Mar­tins case and theirs differed: Mr. Martin was expelled for words spoken against the King, such as every mans Conscience told him were true; but because he spoke those words unseasonably, when the King was in good strength, and the words (whether true or false) were in strictnesse of Law, Treason: the House (especially the luke­wa [...]n men) considering the doubtfull events of War, disabled and committed him, lest the whole House might be drawn in compass of High Treason for conniving at them: which was a prudential Act contrary to justice, and contrary to the sense of the Godly and honest party of the House. But afterwards (the King growing weaker, and the Parliament stronger) the House restored Ma­ster Martin, and thought fit to set every mans tongue at liberty to speak truth even against the King himself; and now every day words of a higher nature are spoken against him, by the well-affected [Page 98] Godly in the House. After many threats used by Went­worth, Ven, Harvy, Scot, Gourdon, Weaver, &c. The said disabling Order was repealed.

93. Members ad­ded to the Committee of Safety at Dar­by house.About the same time the Lords sent a Message to the Commons, that they had named six Lords to be added to the Committee of safe­ty, and desired the House to adde twelve Commons to them. (This had five or six times been brought down from the Lords before, and received so many denials, but the Lords would not acquiesce) the Message came down about one of the Clock, the House be­ing thin, many argued against it, saying, that there were seven Lords and fourteen Commons of that Committee already, enough (if not too many) to dispatch businesse with secrecy and expedi­tion; that to adde six Lords more to them was (in effect) to make the whole House of Peers of that Committee; so the whole House of Peers, and twenty six of the ablest and best spoken Com­mons being ingaged in that Committee, that Committee would sway the Houses which way they pleased; draw, by degrees, all power and authority from the Parliament to themselves; cause the House to adjourn at pleasure, or leave them so evirtu­ated, and enervated, that they should no longer keep the dignity nor Authority of a Parliament; contrary to the trust reposed in them by those that chose them, and contrary to the tenor of the Writ of Election. It were more for the service of the Common­wealth to examine what the powers of that Committee are, and to set a short time to its continuance, and not leave it indefinite as now it is. After more than an hours debate, the Speaker (instead of putting the question, whether an addition or no?) called to have the names read, first of the Lords, who were Vo­ted, one, by one; and then the Commons were named, who are almost all Independents; Weaver excepted against the naming of Major Gen. Brown to be of that Committee, for being disaffe­cted to the Army; to which Major Gen. Brown gave a discreet and honest Answer; in reply to which, Weaver concluded, That the Parliament in the posture it was in, was not likely to save the Kingdom, but the Committee of Safety and the Army must save it: whereupon satisfaction was demanded against Weaver for dishonouring the Parliament, and alleged that the Honour of the Parliament was more considerable than the Ho­nour [Page 99] of the Army, and ought to be vindicated before the Honour of the Army, whatsoever their Agents and Servants in the House (who gained by them) thought to the contrary, unlesse they would acknowledg the Parliament to be subordinate to the Army. It was farther said, that if the Parliament should relinquish the work of setling Peace, Religion, Laws, and Liberties in the King­dome to the Committee of Safety, (as the Gentleman that spake last seems to intimate, that in order thereto, the said Committee is enlarged) the Parliament should forsake their trust, and be no longer a Parliament, and all they had done, and should doe in that way, (even the erecting, empowering, and enlarging of that Committee) is void in law. Note, that several Orders have been made, appointing set days to examine the powers of this Commit­tee, and limit a time for its determination; but always upon the appointed days, either some Letters of news, or some new inven­ted Plots have been cast like stumbling blocks in the way to put it off.

The like for setling the general Militia of the Counties; all which are now left sine die.

Thurday, 15. June, Mr. Solicitor reported to the House, 94. 20. Royalists sent to the General in lieut of 10. Committee-men in Colche­ster. That Sir William Masham and the rest of the Committee, were car­ried up and down in the head of Goring's Army, hardly used, and threatned to be in the front of the battel whem they came to fight: and moved that 20. of the Kings party should be seised, and sent to the General to be used in the like manner. But Gour­don moved, That the Lady Capell and her Children, and the La­dy Norwich might be sent to to General with the same dire­ctions, saying, their Husbands would be carefull of their safety: and when divers opposed so barbarous a motion, and alleged, the Lady Capell was great with child near her time, Gourdon pressed it the more eagerly, (as if he had taken the General for a Man-midwife) he was seconded by Ven, Sir Hen. Mildmay, Tho. Scot, Blackstone, Hill of Haberdashers-hall, Purefoy, Miles Corbet, &c. Note that Rushworth (Secretary to the General) reported at the Commons Bar, The Committee were well used and wanted nothing. And though they have had many Fights and Sallies, they did ne­ver put any of the Committee in the Front; so that it should seem this is only a fabulous pretence to carry 20. of the Kings [Page 100] party in Front before them to facilitate and secure their Approa­ches against the Enemies shot, which is the more credible, because the sense of the House was, not to exchange these for the Committee. This is to cheat the Enemy of a Town, not to conquer it. Behold the Saints way of getting Victories, and Cromwell practi [...]eth the same in Wales, as I hear.

And that it may farther appear, this Saint-like Army neither Conquers by Miracle, nor the Sword, but by the battery of An­gels, I can assure you, that lately one of the setting-bitches of these States (as they now call themselves in their foreign negotiations) the hogen mogens of Derby-house, the Lady Norton (Wife to bul-headed Sir Grig.) offered a large sum of money to a Gentle­woman to procure her Husband to yield up a Hold he keepes for the KING, using this argument to perswade it, That most of the good Towns they seemed to conquer, were purchased of men that had wit enough to respect themselves, (for you must know that this virtuous Lady trucks as well for strong Townes and Forts, as for Plackets and other weaker pieces) but the motion was con­temned; And the General having gotten together the Trained men of Suffolk and Essex to assist him, putteth them in the Forlorne Hope in all his stormings of the Town of Colchester, and drives them on with his Horse, using them as the Turk useth his Asapi to dead the first fury and edge of the Enemy, that his Janisa­ries may at last come on with the more safety, and carry the busi­nesse.

95. The National Covenant.Saturday, 17. June. It was moved that no Commissions might be granted to any Commanders or Officers, until they had taken the National Covenant: against which, it was argued, That the Covenant was become the pretence of all Rebellions and Insur­rections; that most of them that had Rebelled in Wales, Kent, Essex, had taken it; but those that refused it were true friends to the Parliament, and had done them gallant service. That the Covenant had so many various interpretations put upon it, that no man knew what to make of it, or how with a safe Conscience to take it: thus argued the Independent, as if the Covenant were malum in se. To which was answered, that by this last rea­son, they might lay aside the Scriptures, which were frequently and variously mis-interpreted by Hereticks and Shismaticks. If the [Page 101] Covenant in its own nature were the cause of Insurrections, it was unwisely done of the Parliament to impose it upon men; and to tie them by Vow to defend it, and one another in defence of it, with their lives and fortunes, whatsoever number of Armed men should gather together in defence of the Kings Person, Crown and Dignity, or of Religion, Laws, Liberties, or of Pri­vileges of Parliament, according to the said Covenant they have the authority of Parliament, nay of Heaven (where their Vow is recorded) for what they do, and cannot be said to Rebell, or War against the Parliament, but against a Faction, who having deserted or never taken the Covenant, to carry on new designs for their own advantage: do now mis-apply the title of Ma­lignant and Rebell, to those which fight for the Covenant, because they will not change their principles with them for Company. And upon this ground onely were the four Aldermen, seven Lords, Sir John Maynard, &c. impeached and imprisoned one­ly for such actions as the Covenant (which they took by au­thority of Parliament) bound them in conscience unto; and for which they had a special Ordinance of Parliament, made this very Sessions, and not to raise a new War as was scandalously and violently enforced upon them: Had it come to a new War, it must have been laid at their doores that subvert the Principles in the Covenant. Many have taken the Covenant in obedience to you, and are bound up by it; and now to leave other men at large not to take it, and accuse them of Treason for endeavouring to keep it, is very unjust. You have lately promised the Scots, you will adhere to the Covenant: How can they believe this, unlesse you injoyn all to take it? And so long as you put all the Arms, Garrisons, and ships of the Kingdom, and all places of power, profit and preferment, into the hands of Schismaticks and Anti­monarchists, whose principles and actings run counter to the Covenant, and such as talk much of your service, but have done onely their own, in order to which, they refused to obey you and Disband, ravished the King from you at Holdenby, kept you in wardship ever-since, and dishonoured and brought you low [...] treasonable, scandalous, threatning Engagements, Declarati [...] [...] Remonstrances, and other Papers? But those that would have had the Covenant current, could not get the question put.

96. O [...]burn's in­formation concerning a design to mur­der the King. See [The Inde­pendents loyal­ty] a Book so called.Upon Saturday, 17 June 1648, about one of the clock after­noon (most of the House being gone to dinner, and very few Presbyterians left) the Speaker of the House of Commons stood up and told the House, that he had received Letters from Ri­chard Osburn (he that projected to deliver the King out of the custody of Colonel Hammond at Carisbrook-Castle) that he conceived the Letters tended only to the setting of us altogether by the Ears; and propounded, whether they should be read or no? some were against the reading of them, but the Major part called to have them read; which was do [...]e accordingly. The Letter to the said Speaker had a copy of another Letter enclo­sed in it, to the Lord Wharton, which bore date 1 June, 1648. to this purpose, Giving his Lordship to understand, That upon pri­vate conference with Captain ROLF ( a man very intimate with Colonel Hammond, and high in the esteem of the Army) the said Captain Rolf told him (the said Osburn) that to his know­ledge Hammond had received several Letters from the Army, advising him to remove the KING out of the way by Poyson, or any other means, for it would much conduce to their affairs. But (said Rolf) Hammond had a good allowance for keeping the KING, and is therefore unwilling to lose so beneficial an imployment. But (saith Rolf) if you will joyn with me, we will endeavour to con­vey away the KING to some secret place, and we may then do what we will with Him. Osburn offers in his said Letter, That if he may come and go with safety, he would come and justifie the same upon Oath. He likewise writ to the Speaker of the Lords House about it. Then was read Osburn's Letter to Mr. Lenthall Speaker, dated 10. June 1648. containing the same Narration, with an offer to appear, and make it good upon Oath if he might come and go with safety and freedom. The Clerk had no sooner done reading this Letter, but with a slight neglect, and the laughter of some Mem­bers, the businesse was passed over without debate, and Mr. Scawen stood up to propound a new businesse from the Army; when pre­sently▪ Mr. Walker interrupting Scawen, desired to speak a [...] to the late businesse; and asked Mr. Speaker, from whence [...] Letter came, and who brought it? the Speaker called upon the Sergeant of the Mace, who Answered, The Letter was given him at the door by a man that he knew not; that he had many Letters and [Page 103] Papers thrust upon him of which he could give no account, but he would endeavour to find the Messenger. Then Mr. Walker urged that such an information coming to the House ought not to be neg­lected whether true or false, but to be examined and sifted to the bottom. If the KING should die a naturall death, or any mischance befall him, (the People calling to mind how little care we had taken of his safety) would never be satisfied with our protestation; and moved, that a Committee might be named to examine Osburn, Rolf, Hammond, and such others whose names should occur in the Examination. This was seconded by Sir Simond Dewes, Mr. Hen­ry Hungerford, Mr. Edward Stevens, and some others, who pres­sed it farther, but received a slight Answer. That those that desi­red to examine the businesse knew not where to find Osburn. That Osburn was a Malignant, and had attempted to set the KING at liberty. To which Mr. Walker replied, That the other day we had named a Committee to examine the businesse concerning the Foot-boy that strook Sir Henry Mildmay, and yet we neither knew then where to find the Foot-boy, or what his name was. If we do but publish that Osburn shall with freedom and safety come and go, in case he appear to make good his Charge, either he will appear, or we shall declare him an Impostor, and punish him when we take him, and clear the reputation of those upon whom this Letter seems to reflect. Consider how vast a difference there is between beating a Subject, and Killing a King. And if Osburn (whom I know not) be a Malignant, yet unlesse you can prove him a Nullifidian, or a per­son convict of Perjury, both according to the Rules of Christian Charity, and in the charitable intendment of our Laws, his Oath is valid and good. Then Tho. Scot stood up and said, That this pressing for a Committee to examine this businesse, was but a device to draw Colonel Hammond, and Rolf, up to Town to be examined, that the KING might the easier make an escape. And Sir John Evelin of Wilts, alleged that he conceived this was an invention of Osburns to bring the King to Town with Honour, Freedom, and Safety. Then Walker stood up again, but was interrupted by Master Hill, and not suffered to speak, having already spoken twice. At the end of almost every motion made for a Committee to examine the businesse, either Mr. Scawen, or Major General Skippon stood up and offered to divert the businesse by new matter con­cerning [Page 104] the Army, which usually beareth all other businesses down before it. At last those few that moved for an Examina­tion of this Information, having spoken as often as the Orders of the House do permit, were forced to be silent; so the businesse was buried in silence. I hear that some of the Lords called upon this businesse the Monday following, being the 19 of June, and that the Lord Wharton being asked, why he did not impart Os­burn's said Letters to the House? Answered, That as soon as he opened the said Letter he received from Osburn, and saw his name at the bottom, he looked upon the businesse as not considerable: yet he sent the Letter to Hammond. Upon Tuesday, 20 June, The Lords sent a Message to the Commons; the first paper whereof concerned Osburns said Letters: they desired that forty days might be assigned for Osburn to come and goe with safety to make good his information. But Sir William Armine stood up, and desired, That the minutes of two Letters prepared to be sent into into Holland and Zealand concerning our Revolted ships might be first dispat­ched, as being of present use. And when the businesse was ended, Mr. Pierpointe propounded another part of the said Message. So Osburn's Information was left sine die, for that time, but since, the Lords have quickned it, and 40 days are given to Osburn to come and go with Freedom and Safety to make good his information; who is come, and avoucheth it; and one Dowcett, speaketh much in affirmation of a design of Rolfes to pistol the King. Rolf presents himself at the Commons Bar with a Letter from Ham­mond, which denies the Design, and pleads Rolfes cause for him. Rolf denied it at the Commons Bar with a trembling voice, yet afterwards hid out of the way; but being discovered upon search, he was found to have a Byle upon him, that disabled him from riding, otherwise (it is thought) he would have fled far enough. I do not hear that Hammond is yet sent for, or questioned. And for Osburn's indeavour to convey his Majestie from Carisbrook-Castle, it is alledged, he did it with a charitable intent to pre­serve his life, and not of any disaffection to the Parliament, to which he hath been affectionately serviceable. Though many take offence at Master Walker, as if his stirring of his businesse were onely to cast an aspersion upon the Army: yet (I conceive) that what he did was commendable, in discharge of the duty he [Page 105] owes to God, his King, and Country, and of his trust as a Member of the Representative body of this Kingdom, and in performance of the obligations which the Oath of Allegiance, the Parliaments Protestation, the National Covenant, and the known Laws of the Land lay upon him, which duty he was bound to perform, (though with the extremest hazard of his life and fortunes) and though he may happily hope better things of this Army, yet since neither the Laws of the Land, nor common reason warrants him to presume upon his own private hopes and judgment (things which often deceive the wisest men in matters of far lesse mo­ment) he could do no lesse than free his conscience, by making the whole House Witnesses of the cleernesse of his actions and intentions. Considering,

1. The many high speeches and threats often used against the King in all places, none excepted.

2. The dangers the King escaped from this very Army, which drove him from Hampton-Court to the Isle of Weight; and may possibly pursue him thither.

3. The Antimonarchical Principles wherewith many Members of this Army, and their Chaplians, and many elsewhere are seasoned, who cannot govern this Kingdome at their pleasure by a military Olygarchy of Grandees of the Committee of Safety at Derby-house and the Army (and so establish the Kingdom of the Saints) nor yet bring it to their own levell, but by taking off summa papa­verum capita, all that is high and eminent. There is a Crowned Head in their way which must be removed.

4. The corrupted fantasies of many Antimonarchical Schisma­ticks with Revelations and Raptures, who serve the Devil for Gods sake; making him the Author, and the doing of his will the pretence of all their crimes and villanies.

5. The many desper [...]te guilty persons that fear peace; and are resolved, now the Sword is out, to burn the Scabbard. These look upon the King with an evil eye, as the Centre in whom all Interests must unite before we can have Peace. Despair tempts these men to make one sin a degree, and step to a higher. These three last fort of men having cast off all fear of God, will as easily contemn Gods substitute, the King; as he that casts off all reverence to the King will contemn his substitute, a Constable.

[Page 106]6. The continual endeavours of the Grandees of Derby-house and the Army, to put all the Armes, Garrisons, Ships, and Strengths of the Kingdom into the hands of Antimonarchical, Schismatical Independents: in order to which, they are raising of new Forces, and erecting new Garrisons in most Counties. These men when they could not get a power from the House of Commons to raise what Forces they pleased, (for when it was moved, they there or­dered, that no more motions should be made for raising new Forces, but between the hours of ten and twelve) yet what they could not get by their leave, they now take without their leave: the Gene­ral granting Commissions for raising and listing Horse and Foot in almost all Counties; for example, Sir Hardresse Waller (that one eyed Polyphemus of Pastebord) lately sent forth Commissions in the County of Devon: (by virtue (as his Commissions say) of the power granted him from his Excellency) for raising, listing, and training Horse and Foot, which shall be no burden to the Country, but be in pay with the rest of the army. In these Com­missions he stileth himself (untruly) Commander in cheif of all the forces of the five Western Associat Counties: and gave authority and encouragement to the well affected (that is, to Independents, Se­ctaries, Antimonarchists, and the more desperate, forlorn sort of people) to enter into, and subscribe Engagements, to live and die with the Army (an imitation of the Members Engagement) in de­fence of the Parliament, (that is, of the ingaged faction of Inde­pendents, Schismaticks, and corrupt persons, whom only the Army looks upon as the Parliament) witnesse the Declaration of Sir Thomas Fairfax, and his Council of War, shewing the grounds of his advancing up to London. This usurpation was complained of in the House of Commons, Monday 19. June, and prohibited then by Order.

7. Peradventure the reason why this Letter was published so unseasonably in a thin House, in so slight and surreptitious a way (as aforesaid) was, in hope it would have been passed over in si­lence (as it had like to have been) and so the whole House should have been engaged in the crime (if any such thing be intended) as guilty of connivance and negligence, though not as Actors guilty of the fact. The main scope of this party hath ever been, by Treaties of Accommodation, uniting all Interests, and other devices, to in­volve [Page 107] others in their crimes, to infect others with their diseases; that all standing in need of one and the same desperate way of cure, may joyntly have the same friends and foes, and the same sins and quarrels to defend.

8. Friday, 16 June 1648. I was told, the Committee of Der­by house had lately received a Letter from Col. Hammond, Gover­nour of Carisbrook Castle, informing them, That unlesse they sup­plied him with Mony and Men, he could give no good account of the King, in case the Revolted ships should attempt his rescue: and far­ther, That he had matters of great importance to communicate to them, but durst not commit them to Paper; but if they would send for him up, or send a Confident of theirs to him, he would impart them. This may probably be the businesse whereof Osburne gives information in his said Letters; and it may be Mr. Walker had heard of this report in the Hall, as well as my self, and might have the same conceit of it, that I have; if it be lawfull for me to take measure of another mans judgement by my own.

9. Lastly, who knows whether a powerfull desperate party, may have a design to take away the Kings life, and then declare his two eldest Sons uncapable of Government; supposing they deserted the Kingdom, and invited forreign States to invade it: and then Crown the Duke of Gloucester, and so (abusing his tender years) usurp the protection of him, and under colour of that authority, establish (by degrees) their own usurpation, and the peoples slavery; having subdued their spirits by a long and custo­mary bondage, under them; and having filled all places of power, profit and preferment in the Kingdom with men of their own principles and Interests, their own creatures and Confidents? This Army (last April) in their Council (amongst other things) debated, The Deposing of the KING, (why not murdering as well, since few Kings are deposed and not murdered?) Dis-inhe­riting the PRINCE, and Crowning the DƲKE of YORK: which was then approved of by Cromwell and Ireton. Why may they not now dis-inherit both the elder Sons, and Crown the Duke of Gloucester as well? See the excellent Remonstrance of the Colchester Knights and Gentlemen, 1648. which I have Prin­ted herewith for your satisfaction. That some such design might be to make away the KING, and dis-inherit the PRINCE, [Page 108] may well be suspected; because the 12. day of July, upon infor­mation, That the Prince had sent into England some Blank Com­missions to List men: Weaver (an Implement of the Army, and Son to an Ale-house-keeper in Wilish.) moved the House of Commons to Vote the Prince a Traytor, &c. And (I hear) that Mr. Solicitor (contrary to his Oath and duty of his place) refuseth to be of Coun­cil against the said Rolf; this Gentleman the Solicitor hath got above 300000 l. by keeping open shop to sell the cruell mercies of the new Great Seal to the Royalists.

97. Trinity-house Petition for a Personal Treaty.The 29. June. A Petition was delivered the House of Com­mons from the Masters of Trinity-house, Masters and Captains of Ships and Sea-men, for a Personal Treaty with the KING; de­claring the great decay of trade, to the undoing of many thousand fa­milies, and that they would not fight against the revolted ships, their Brethren, who desired but the same things with th [...]. Tho. Scot said, That the Surrey-men first delivered a Petition for a Personal Treaty, which was seconded by the Kentish-men in Armes, and they by the City of London,: that all this was a design to ruine the Godly party. That he had read of a Man, who being asked when he was young, Why he did not marry? Answered, It was too soon: and be­ing asked the same question when he was old, Answered, it was too late. So he was of opinion there could be no time seasonable for a per­sonal Treaty, or a Peace with so perfidious and implacable a Prince; but it would always be too soon or too late. He that draws his sword upon his King must throw his Scabbard into the fire. All peace with him will prove the spoil of the Godly. To which was Answered, That some men got well by fishing in troubled waters; and accounted peace their spoil, because war was their gain: and they looked upon a Personal Treaty as a design against them (under the notion of the Godly, Honest, Confiding party) because a Personal Treaty was the high way to peace. But the generality of the people (who were despoyled of their Estates by the War) resolved upon a Per­sonal Treaty, without which there is no hope of Peace: they would no longer be made fuel to that fire wherein these Salamanders live; nor any longer feed those Horse-leeches, (the Army, their engaged party and Servants) with their blood and marrow. It now appears who desire a new War; namely, those Zealots who supply their indigent fortunes by War. These men fear peace, doubting they [Page 109] shall be forced to disgorge what they have swallowed in time of War: Ven, Miles Corbet, Hill the petty Lawyer of Haberdashers hall, the two Ashes, Col. Harvy, and many other thriving Saints, opposed a Personal Treaty; so their Petition had no successe. I hear that (not many days after) the Committee of Derby house (to take off this affront) imployed Col. Rainsborough (the quon­dam Neptune of our Seas) to go up and down and solicit the Com­mon sort of Marriners to subscribe, and present the House of Com­mons with a counter Petition, wherein they offered to live and die with the Parliament, &c. and that Rainsborough gave 12 d. a piece to as many as subscribed it. This Petition was delivered.

The 2 of July, 98. The City Pe­titions for a personal Treaty. and after that (upon occasion of the City Petition for a Personal Treaty in London) upon the 5 of July, the House of Commons again took into debate a Personal Treaty. They spent much time upon the place where?

1. Whether in the Isle of Wight? which the Independents prin­cipally affected.

2. Holdenby? which they next inclined unto.

3. Or any his Houses not nearer than 10 miles of London: at his own choice.

4. Or in the City of London?

Which two last places the Presbyterians approved of, but chiefly London: for London, it was argued, That the Com­mon Council and Officers of the Souldiery would undertake for His safety against all Tumults. In any other place he would be within the power of the Army; who might probably take him away again (as they did at Holdenby) if they liked not the manner and matter of the Treaty. London was a place of most Honor, Safety, and Free­dom; and would best satisfie the KING, the Scots, the people: In all other places (especially the Isle of Wight) He would be still a prisoner to the Army; and therefore all he should agree to, would be void by reason of Dures. Sergeant Wylde Answered, That Cu­stodia did not always in Law signifie Imprisonment; Though He was under restraint of the Army. He was not in Prison; making a wyld kind of (nonsense) difference between Restraint and Legal Imprisonment, (which all but himself laughed at.) The King cannot plead Dures, no man can imprison or hurt the King in his politick capacity as King, though in his natural capacity, as man, he is as [Page 110] passive as other men. To which was replyed, That it had been fre­quently said in the House, the King was a prisoner. That there was no difference in Law, between a restraint and an imprisonment, whe­ther legal, or illegal. A tortious restraint is called in Law, a false Imprisonment. That former Kings have avoided their own Acts by pleading Restraint (or Imprisonment) and Constraint, as R. 2. H. 3. That the King may as well plead Imprisonment, as the Parliament plead a Force, which they have lately done. That the Kings Re­straint in Law is Arcta custodia, God grant it be salva custodia; we have lately had Information to the contrary. The distinction between the Kings natural and politique capacity was Treason in the Spencers, and so declared by 2 Acts of Parliament in the time of Edw. 2. and Edw. 3. See Calvins case in my Lord Cook, they are unseparable by the Law. Tho. Scot argued, That the City was as ob­noxious to the Kings anger as any part of the Kingdom; and if the Treaty should be in London, who shall secure us that the City will not make their Peace with the inraged King, by delivering up our Heads to Him for a sacrifice, as the men of Samaria did the heads of the 70 sons of Ahab? It was farther moved, That if the King came not to London, but to one of his houses about 10 miles from London, That He might be desired to give His Royal word to reside there untill the Conclusion of the Treaty. Col. Harvy slighted this mo­tion, vilifying the Kings Royal word, and saying, There was no trust in Princes; he alleged, the Kings promises had been frequent­ly broken; as when he protested the safety and privileges of Parlia­ment should be as precious to Him, as the safety of His Wife and Children, and within three or four dayes after came with armed Guards to force the House, and other instances which have been too often remembred, and shall be here omitted.

At last they fell upon a report, that the Committee of Lords and Commons had Voted, They would not insist upon the 3 Votes prepa­ratory to a Treaty, viz. Presbytery, the Militia, and recalling all De­clar. Procla. &c. This was long argued to and fro. At last it was Voted, That the King be desired to assent to the said 3 preparatory Propositions, 99: My Lord Say's discourse a­bout a Perso­nal Treaty. and sign them with his hand, to be passed as acts of Par­liament when the King shall come to Westminster.

My Lord of Warwick had moved in the Lords House about this time for a Personal Treaty, and was seconded by the Earl of [Page 111] Northumberland; but my Lord Say opposed it, and prevailed a­gainst it: afterwards my Lord Say in his way home visited the Duke of Richmond, and amongst other discourse, told the Duke, He was sorry to find so great an indisposition to peace, saying, he had moved for a Personal Treaty, but could not prevail; this was done upon hopes the Duke would have writ so much to the Queen, or Prince. But the Earl of Holland coming that day to see the Duke, and the Duke relating to the Earl what the Lord Say had told him, the Earl of Holland discovered the truth to him, and so spoiled the design: you see the Devil doth not always own the endeavours of his servants.

The said 5 July, the Speaker, as soon as he sate in his Chair, 100. The news of the D. of Buck. taking Arms. alarmed the house of Commons with the news of the Duke of Buckingham's, and the Earl of Holland's drawing into an hostile posture; relating they were 2000. that they intended to take Lam­beth-house, that the Bullets would presently be about their ears if they did not rise; which put the zealots into such a rout, that they presently cried, Adjourn, adjourn, until Monday; and had hardly so much patience as to hear any reasons to the contrary; but this was but a counterfeit fear: the design hid under it was, to prevent the City from bringing in that day their Petition for a Personal Treaty, and to leave the whole power of the House, during the Adjournment, to the Committee of Derby house, to raise what Horse and Foot they pleased, under colour of suppressing this In­surrection.

For when they found they could not prevail to Adjourn, 101. Skippon autho­rized to raise 1000 Horse. they moved for power to be given to Maj. Gen. Skippon to raise Horse, whether to possess the Avenues and passages from the City to the Earl of Hollands Army, or to keep the City under the terror of a Horse Guard, is doubtfull.

And the same day Mr. Swynfin reported from the Committee of Safety, That they offered to the Consideration of that House, 102. A Report from Derby house that the Mem­bers should underwrite for maintaining of Horse. that it was fit the House should have a Horse Guard, and that every Mem­ber should underwrite how many Horse he will pay for 10 days.

This is refused by some Gentlemen upon these grounds:

1. It bears the aspect of an Imposition or Tax set upon the House by their Committee.

2. The Members have not suffered alike; and therefore cannot [Page 112] do alike, some have lost much and got nothing, others have got much and lost nothing: and it is not equal that Losers should bear equall burthens with Getters, and contribute out of their Losses to main­tain other mens Gains, and preserve them in their rich Offices, and Bishops Lands purchased for little or nothing. Gentlemen are made Beggers, and Beggers Gentlemen.

3. It is a dividing motion: tending to lay an imputation of Malig­nancy and dis-affection upon those that cannot, as well as those that will not, subscr [...]be: and so gives a great advantage to the Gainers over the Losers, which the Losers have no reason to submit to.

4. A Personal Treaty being now in debate: this motion makes ma­ny Members forbear the House, who cannot grant, and dare not de­ny: It carries with it therefore something of design and terror, and so takes away the liberty of Parliament, which when so weighty a business is handling is ought to be.

If this Horse Guard be raised, how shall we assure our selves they shall be Disbanded after ten days, being once under Command? It is therefore a subtile, malicious, tyrannous act, for the Committee of Safety to put so tempting a motion upon the House, and give men cause to suspect that something of Design and Danger lies hid under it.

103. The device of a forged letter.About this time a Letter without any name subscribed, was left at Major General Brown's house, in his absence: consisting of two parts.

1. A Preamble, of great respect and love born to him by the Epi­stoler for his fair carriage to the King, and good affection to peace, and reconcilement with the King.

2. An Admonition to look to himself, and moderate his Actions, the Army looking upon him as their onely Enemy, and Opponent in the City, lest they should seize upon him and carry him away, or do him some other mischief. This is conceived to be an Independent mouse-trap set up to catch a Presbyterian in; for if the Major Gene­ral had not discovered the said Letter, and it had been found about him, or in his House; or if it had been testified that such a Letter was left at his house and concealed: here had been matter enough for an Impeachment against him. 104. Corresponden­cy with Card. Mazerini.

The Grandees of Derby house and the Army solicit the de­taining of the PRINCE in France, and the delaying of his [Page 113] journey for England, lest he trouble the yet unsetled Kingdom of the Saints. To negotiate which, they have an Agent lying Lieger with Cardinal Mazarini (the great French instrument of State) who is so well supplied with Money, and so open handed, That it hath been heard from Mazarin's own mouth, That all the money the Queen and Prince hath cost the Crown of France, hath come out of the Parliament Purse with a good advantage. It is likewise said, Mazarini hath an Agent here, to drive on the Interests of France in England.

The Grandees in reference to the pulling down of Monarchy, 105. Doleman's An­timonarchical Book printed. and the establishing of their Olygarchy or Tyranny (contrary to their Remonstrances, Declarations, the National Covenant, and their late Vote, That they would not alter the ancient form of Government by King, Lords, and Commons) have caused the Book written by Parsons the Jesuit, 1524 (under the feigned Name of Doleman) and called [A Conference about the succession of the Crown] to be published, under the Title of [Several Speeches de­livered at a Conference, concerning the power of Parliaments, to pro­ceed against their Kings for mis-government.] Parsons had made this Book a Dialogue, these Men have made it into Speeches. The Arguments and Presidents are meerly the same; you see they can joyn Interests with France: Doctrine with the Jesuits, to carry on their design, See the Con­clusions, 15, 16, 17. and reduce us to the condition of French Pea­sants or Slaves, under the Kingdom of the Saints. Doleman's Book was condemned by Act of Parliament, 35 Eliz. But what care the Grandees for Acts of Parliament, having fooled the people into a belief, That both the Legislative and Judicative power is in the two Houses of Parliament without the King, and that an over-powering party or Junto in the two Houses (comply­ing with an Army to keep the rest under force and awe) is the Par­liament. 106. The Legisla­tive, Judica­tive power, and the Mili­tia, where they reside. See the Con­clusions, 15, 16, 17.

The Parliament consisteth of 3 Estates.

1. The King, whom the Law calleth, Principium, Caput & finis Parliamenti: and therefore he only can Call, He only can Dis­solve a Parliament, and is himself called and chosen by none, being primus motor, that animates all.

2. The Lords: who have their creation and vocation only from the Kings bounty.

[Page 114]3. The Commons, who have their summons onely from the Kings Writ, though their election from the people; and in that respect only (the people being too diffused a Body to be Assem­bled) they have something of Representation in them, being the Epitome of the People. These 3 Estates concurring, have power to make news Laws, to change or repeal old Lawes, and in some doubtfull cases rarely hapning (which the Judges dare not venture upon) they have power to interpret the Laws. This is a wise and politick constitution, for if any one, or any two of the said three Estates should make new Laws, Change, Repeal or Interpret old Laws, arbitrarily and at pleasure, without mutual agreement of all the three Estates, it were in the power of that one or two to en­slave the other Estate or Estates so omitted. Besides, the Law doth not favour the making of new Laws, nor the changing and repea­ling of old Laws, being an innovation that stirs too many humors in a body politick, and indangers its health, and brings contempt upon the Laws: Leges priusquam latae sunt perpendendae, quando latae, sunt obediendae, saith Arist. Pol. But though all 3 Estates must assent to the making, altering or repealing a Law, yet any one of the 3 Estates hath a Negative Voice, and may dissent from such ma­king, 2 H. 5. 4. H. 7. c. 18. 12. H. 7. c. 20. 1 Ja. c. 1. 2 Ch. c. 1. altering or repealing, to avoid innovation, as abovesaid. How then can the two Houses of Parliament exercise the Legislative power, and make, change or repeal any Law by Ordinance, with­out the King, (the first Estate and head of the Parliament) and so deprive Him of His Negative Voice, and the people of their Laws, Liberties, and Estates, contrary to 9 H. 3. Magna Char­ta, 1 part. Instit. sect. 234. in fine. 7. H. 7. 14. especially when this very Parliament declares in the Exact Col. 1 part. p. 727. That the King hath a Negative Voice, and that Bils are not Laws (or Acts of Parliament) without the Kings assent (consequently nor Ordinances.) And as the two Houses take upon them the Legis­lative power without the King, so in the case of the 4 Aldermen and Sir John Maynard, they usurped a Judicative Power in case of Treason tryable in the Kings Bench: yet it is most certain, that when the 3 Estates in Parliament have passed any Act, their power determines as to that Act, and then the Authority of the Judges be­gins, which is Judicative: whose Office is (upon cases brought before them) to determine whether that Act be binding or no; (for [Page 115] Acts of Parliament against common right, Repugnant, or Impossible, are Void ( Cook 8. f. 118. Dr. and Student, l. 1. c. 6.) and to expound the meaning, and signification of the words of such Act. If therefore the 2. Houses usurp the Legislative and Judicative power, or the Militia, otherwise than hath been by the fundamental constitu­tion of this Monarchy, and the practice of all ages accustomed, the Grandees of the two Houses and Army seem to lay claim to them all by the Sword, for in the late Declaration against the Scots Papers, p. 64. they say, That they engaged in this war upon these principles, viz. To keep the Legislative power, and the exercise of the Militia, without and against the Kings consent and p. 63. ibidem, the Members tell us, that in all matters concerning Church or State, we have no judge upon Earth but themselves. It follows then, the Grandees do it to subvert the ancient Government, Laws and Liberties of this Nation; and establish a Military Olygarchy, or the Kingdom of the Saints over us in themselves. In order to which design they have put all things out of order, and turned them upside down; nay, they have crucified the whole Kingdom with Saint Peters Crucifixion, the head downwards, and the Heels upwards.

When this King went into Scotland, He compared the Com­mon-wealth to a Watch, which they had taken in pieces; and advised them to keep every piece and pin safe, and put all in their right places again; but now all the principal pieces are either broken, or lost. God grant them to number their houres better hereafter, and to cloze well with our Master Work-man; for though this Kingdom hath alwaies been Ruled by King, Lords, and Commons; yet by the KING, architectonicè; and by the other Two, organicè; the King as the Architect, the Lords and Commons as His Instruments; each in his proper sphere of Acti­vity, without interfering: and till this again come in use, look for no peace.

The Independent Grandees of the Parliament and Army are much offended with the City, and their adherents, 107. The Armies Aspect upon the City and personal Treaty. in Petitioning for a Personal Treaty with the King, and give out, That when they have done with Colchester, they will humble the City, and bring it to better obedience, for which purpose, they have already taken all the Block-houses, upon the River East of the City, Windsor-Castle West of the City, and are now fortifying Gyddy-tall neer [Page 116] Rumford in Essex South from the City; the like they intend at Hampton Court; and to build a Fort upon the Isle of Dogs, to keep under the Sea-men: whereby, possessing the principall ways, and Avenues to the City, they shall neither feed, nor Trade, but at the discretion of the Army. In the mean time the Cities de­sires of a Personal Treaty are delayed and made frustrate by a te­dious Conference between a Committee of Parliament, and a Committee of Common-Council. And Counter-Petitions a­gainst a Personal Treaty are sent about by Alderman Gybs, Foukes, Estwicke, Wollaston, Andrewes, Nye the Independent Priest, and others, (who hold rich Offices by favour of the Grandees) to be subscribed even by Apprentice Boyes; whereby it appears the Independents have no intent, to make peace with the King, but to engage in a new War, thereby to contiune their Army, and our Slavery.

The yearly Income they raise upon the people under colour of this War, (besides the Kings Revenue, Sequestrations, and Com­positions) amounts to three Millions sterling per annum, being six times as much as ever the most greedy and burdensom of our Kings raised: where our Stewards hide these our Talents (publick Debts and Arrears being unpaid) were worth finding out, if any but the Devil could give an Account thereof. But this is an unsoundable Gulf, here my plumb-line faileth me.

108. Major Gen. Skippon's complaint.The 10. of July, Major General Skippon complained in the House of Commons of a printed Paper, called, [A Motive to all loyal Subjects, to endeavour the preservation of his Majasties Per­son] wherein (he pretended) he was falsly and scandalously slande­red for speaking some words in the House to divert the Examina­tion of Mr. Osborn's Charge against Rolf. The House (that is, the Independents) were as diligent to become his Compurgators, and vindicate his credit, by passing and Printing 5. Votes for him, as they had formerly been to ruine the KING'S Honour by pas­sing a Declaration against Him. This fellow Skippon was hereto­fore Waggoner in the Low-Countries to Sir Francis Vere, after that came over into England a poor forlorn Commander, and obtained of the King his Letters of Commendation to keep a kinde of Fencing School in the City Military yard, and teach the Citizens the postures of the Pike and Musket, and Train them; where he wore the mask of Religion so handsomly, that he soon [Page 117] insinuated into their favours, and found them very bountifull Pa­trons to him; there he got his fat belly, and full purse; from the City he became Major Generall to the new-modelled Army: and observing some discontents arising between the City and Army, and being willing to keep two strings to his bow, that he might uphold his credit with the City, he voluntarily submitted himself to some affronts, purposely and politickly put upon him in the Army; and yet that the Army might understand him to be their creature, he marched with the Army in their Triumph through the City, still carrying himself as a moderate reconciling man, and sweetning the insolencies of the Army, by making milde and fair interpretations of their Actions; yet still so much mag­nified the power of the Army, as if he would perswade the City they were beholding to the Army, for making no worse use of their strength against them: Thus (as many other moderate, pru­dential men do) he lay a good while undescried in the bosome of the City, and there as a Spie and Intelligencer kept Centry for the Army, untill such time as the City petitioning the Commons for restoring of their own Militia to them again, the Council of the Army, (to mock them with an uneffectuall Militia) by their en­gaged party in the House, and the Committee of Derby-house (of which Cabal Skippon is one) caused their confiding man Skip­pon, not only to be named of the Committee of the Militia (al­though no Citizen) but to be obtruded upon the City as their Major General, Commander in Chief of all their Forces, without whom nothing is to be acted. This being resented and opposed, as contrary to the Cities Charter and Liberties, Skippon found he was discovered, and then (taking advantage of the Earle of Holland's going forth into Arms) upon a Report from the Com­mittee of Derby-house, the Commons ordered, that a Party of Horse should be raised and listed under Skippon: Skippon by vertue of this Order granted Commissions to divers schismaticall Ap­prentices to raise men underhand, and authorized the said Com­missioned Apprentices to grant Sub-commmissions again to other Apprentices under them for the like purpose: This was preten­ded to prevent Tumults and Insurrections, but indeed it was to joyne with the Independent party of the City, and the army, (when they have done their work at Colchester) in purging the Presbyterians out of the Common-Council and Parliament; in [Page 118] reference whereto, the Army have resolved not to march North­wards against the Scots, untill they have brought this City to more absolute obedience, or laid it in the dust, according to Crom­wel's advice; as a preparative to which design, the prevailing par­ty in the House, Yet they knew they came in by Authority of the Parl. of Scotland. July 15. (hand over head) Voted, All such Scots as are come into England in hostile manner, without consent of both Houses of Parliament of England, Enemies to the State; and all such English as do or shall adhere to, aid, or assist them Traitors: and the next day following, Weaver o [...]enly in the House affirmed, that the Scotish design of D. Hamilton, the Colchester design, and that of the Earl of Holland, were all begun and carried on in the City of London: to which Ven, the two Ashes, Harvy, Scot, Miles Corbet, Blackstone, Sir Peter Wentworth, and others gave applause: loe here a foundation laid for a new Charge against the City, when the Army are at leasure to make use of it. This Hypocrite Skippon, when he had spoken any thing in the House prejudicial to the King or City, about a Week after (when the venom he hath spet hath wrought its effect, and is past remedy) usually complains in the House, that his words are carried forth of the House, and maliciously and falsly reported in the City to his dis­grace and danger, and repeating in a more mild and qualified way some part of what he had formerly said, appealed to the House, Whether that were not the full truth of his words? When the House, having forgotten his former words, no man can, and (for fear of the envy and malice of a powerfull Faction) no man will contra­dict him; this is his way of Apologizing and clearing himself. He hath got above 30000 l. in his purse, besides 1000 l. a year land of Inheritance given him by the Parliament. He hath secured his personal Estate beyond Sea, and his Wife and Children, and thereby withdrawn all pawns and pledges of his Fidelity both out of the power of the Parliament and City, and is here amongst us but in the nature of a souldier of fortune.

Note, that upon the said 15 day of July, when the debate was for Voting the Scots that were come in, Enemies, &c. the first que­stion was put, 106. D. Hamiltons Army Voted Enemies. that all such Scots as are, or shall come into England, in hostile manner, without consent of both Houses of the Parliament of England, were Enemies, &c. but upon farther debate, the words (or shall) were left out, upon this Consideration, that the Earl of Argyle might happily come into England with a Party, and fall [Page 119] upon Duke Hamilton in the rear to divert him.

July the 20. The Speaker told the Commons, 110. D. Hamilton's Letter and Decaration brought to the House. that Major Gene­ral Lambert had made stay of a Scottish Gentleman, one Mr. Haly­barton who passed through his quarters with Letters from D. Ha­milton, to the two Houses, and the King; that he found about Mr. Haly-barton divers private Letters, for the carrying of which, he had publick on Authority, and therefore Lambert made bold to seal those private Letters in a packet by themselves with his own seal and Mr. Haly-bartons: That Lambert had sent up Mr. Ha­ly-barton with one Lieut. Col. Osburn, a Godly Scottish Gent. and another Keeper, in nature of a Prisoner. 111. L. Col. Osburn a fugitive Scot. This Osburn delivered that private packet to the Speaker; so a Committee was named to pe­ruse that private packet, and Osburn was called into speak what he knew; who delivered at the Bar, that the Godly party in Scot­land were oppressed and trodden under foot by Duke Hamilton's party, that their very souls we afflicted at his proceedings, that the Kirk of Scotland with one mouth proclaimed in their faces their en­gagement and proceeding thereupon to be damnable and destructive: he desired the House not to look upon these proceedings as the Act of the Nation of Scotland, since there were a great many Godly men who hoped the Lord would enable them in his good time to march in­to England with the Marquesse of Argyle and fall into the rear of Duke Hamilton with a diversion. He reported, the Scots that came in to be but 8000 Horse and Foot, and Langdale but 2000. Then was read the Letters of D. Hamilton, wherein He complaineth no answer had been given to the Parliament of Scotlands just de­sires of the 26 April last, that by authority of the Scottish Parlia­ment he was necessitated to come into England according to the Co­venant, and not without the invitation of divers wel-affected English who had taken the Covenant. There was a Declaration inclosed in the Letters, which the prevailing party obstructed the reading of (yet the Lords having printed it, they have since read it in the House) and presently the question was put, that all such English as have invited the Scots under D. Hamilton, to come in hostile manner into England, shall be declared Traytors? and carried in the Affirma­tive. I formerly told you, that about 12 July, Weaver moved, that the Prince of Wales might be Voted a Traitor: what they could not then carry with a fore-wind, they now brought in a­gain with a side wind; but who doubts but the Prince invited in [Page 120] the Scots to the relief of his Father and himself oppressed and im­prisoned, contrary to the Solemn League and Covenant, by a Re­bellious Army, and a schismatical party of both Houses engaged with the said Army: And that the Scots are come in according to the Covenant only?

112. A motion in the House of Commons to Bayl Rolf.A little before this time Tho. Scot, Sir P. Wentworth, Blackstone, C. Harvy, Hill the Lawyer, and others pressed the House with much earnestness to Bayl Rolf, committed Prisoner to the Gate­house upon the Complaint of Mr. Osburn for endeavouring to make away the KING: u [...]ing many words in his commendation for his godliness and faithfulness, and complaining of his hard usage in Pri­son where he lay amongst Rogues. It was opposed by many, be­cause High Treason is not baylable by the Law, neither is the House of Commons a Court of Judicature; and therefore can neither Im­prison, nor Bayle any but their own Members. At last Mr. Sam. Brown moved, that a Committee might examine the businesse for matter of Fact, and report to the House, and then the House (if they saw cause) might Bayle him; and bind over Master Osburn to pro­secute him next term in the Kings-bench. This motion took effect, and great care was taken for the present, that Rolf might have better entertainment in the Gate-house according to his quality; having been not long since a Shoo-maker, one of the Gentle-craft.

113. The Speakers Warrant to search for the Foot-boy that beat Sir Hen. Mildmay.About this time, 2 Files of Musketiers, by warrant from the Speaker of the House of Commons, came in the dead time of the night to the Houses of Sir Paul Pynder, and Alderman Langham, pretending to search for the Foot-boy that beat Sir H. Mildmay. They forced open the doors of Sir Pauls house, and searched with great diligence; but could not do the like at Alderman Lang­ham's, who being guilty of having some Money in his House, durst not adventure to obey the Warrant and open his doors; nor had he reason to do it, his House (by the Law) being his Castle of De­fence, the privilege thereof not to be violated but in case of Felony or treason. Compare the diligent prosecutions in the behalf of Sir Harry Mildmay, with the slack and negligent proceedings in the behalf of the King, and you will find a new practical Law (contrary to the old known established Law) that a trespasse a­gainst a Grandee (though but a Subject) is more than a treason a­gainst a King.

Fears and Iealousies arising from several Informations (as that of Croply and Hyde, called, 114. Fears and jea­lousies cause the City to re­sume the pow­er of their own Militia. The Resolutions of the Army) and diverse other Symptomes of danger, but especially Skippons secret Li [...]ting of Schismatiques in the City amongst the Congregations of Mr. Goodwin, Mr. Patience, and others, with power given him to kill and slay; his listing servants against their Masters, and set­ting up a Power against a Power, had provoked that dull beast the City to know their own strength, to look into their Charter and the Customes of the City, and to Counter-list in their own de­fence: for which purpose, they passed an Act of Common Coun­cil, dated 27. July 1648. which was soon complained of in the House of Commons by Ven, Harvey, Pennington, and other ill Birds of that Corporation, who usually defile their own nests, after many aggravations; that after they had fought with the King for the Militia, any power out of the Parliament should presume to exercise it: a Committee was appointed to Treate with a Com­mittee of the Common-Council, to hear what they could say for themselves, and by what authority they claimed the use of their own Militia. The Committees met, and amongst other things the said question was asked, By what authority they listed men? To which was answered, That they did it by the Law of Self-defence, war­ranted by the Law of God, of nature, and of the Land: and by a farther Authority, to question which, would make lirtle for the advantage of the Parliament: This mysterious Answer stopped the mouthes of the Parliament Committee. If London should plead their Charter and usages, other places might doe the like; so this businesse was shut up in silence. Note that many Sectaries of Westminster, Southwark, and the Hamlets have been invited and countenanced to petition the House of Commons against uniting their Militia's with London, upon pretended cavils: As that they desired to have equal number of Voices in the Militia with London: But since London beareth 7. parts of 9. in the charge, it is an unreasonable demand.

By Orders (as is thought) from Derby-house, 115: The Governor of Dublyn sei­zeth and sen­deth over Pri­soners the Presbyterian Commanders. Colonel Jones Governour of Dublyn, hath seized upon most of the Presbyterian Commanders thereabouts, and sent them Prisoners to Westchester, as Sir Maurice Eustace, Sir John Gyford, Col. Willoughby, Colo­nel Flower, Major Stephens, Major Capron, &c. to make room for Independent Officers in his Army, that the Saints only may possesse [Page 122] the good things of this world; but chiefly, that his Army being Com­manded by Antimonarchical Schismaticks may the better sympa­thize and unite with the Antimonarchical Papists in Owen Roe Oneal's Army, against the Lord Inchiquin, whereof the said Lord hath given some hint, as I have aforesaid. You see the predominant Principle is Antimonarchy, which easily overswayes Religion on both sides.

116. A Frigot of the Princes taken with many Letters and Commis­sions.Sir Milles Levesey having casually taken a little Frigot of the Princes, called the Chistopher manned with one Captain Green, and 8. men, took divers Commissions in her, and a Letter of Mart, granted to the said Captain to make prize of Rebels and Enemies Goods, and a Paper of Instructions, prohibiting Green to use any Ho­stility untill the Prince had published his Declaration, and untill it were designed who were His Enemies; other writings were then taken, which were referred to a Committee of the House of Com­mons to peruse and report. Mr. Lechmore reported from the said Committee, That some of those writings were not fit to be published in the House, (hereby you see that the House is already divested of that Power and Authority which the People have Trusted only them with, & all is now usurped by confiding Sectary Committees) so Mr. Lechmore reported, That there was an Adjudication out of the Princes Admiralty held in the Isle of Jersey, whereby a ship be­longing to one Tucknell was adjudged against him, upon this ground given in the Adjudication, That Tucknell had taken that damna­ble Oath, called [The National Covenant.] I appeal to any man that doth not hastily beleeve all he hears, whether it be probable the Prince (in such a conjuncture of time, when the Parliament it self says, That the Prince invited the Scots to invade England, and had declared for them) would hazard the losing of the Scots, by inserting such a clause in the Adjudication? All is not Gold that glisters; these Letters may be St. Martins ware, counterfeit stuff.

117. A design to seize on divers Presbyterian Aldermen, Lords and Commons.About this time (it is reported by some that professe to know it) there was a design for Skippon's new listed-men to seize upon Alderman Langham, Alderman Bunce, and some of the Lords and Members of the House of Commons in the night; whereof notice being given, some of the Members knowing that Treache­ry (like the Basilisk) dies if it be first seen, to shew that it was discovered, caused one of their Party in the House, to move, That [Page 123] Skippon might be Ordered not to seize on, kill or slay any Member of either House.

An order passed the House of Commons for the Earl of War­wick, to fight the Prince at Sea. It was sent up to the Lords, 118. An Ordinance for the Earl of Warwick to fight the Prince at Sea. and passed that House too; whereby it became an Ordinance. Yet some of the Lords entred a protestation against it, as the Earls of Lincoln, Suffolk, Lord North.

2. Of August, The Zealots of the House of Commons fell again upon the businesse of Rolf, 119. More endea­vours of the Independents in favour of Rolf. at an unseasonable hour of the day, and in a thin House. They ordered a Conference with the Lords about him, and that the Lords be desired to joyn with the Commons in Bayling of him; and yet, for Treason, a man is not Baylable by Law. I cannot hear that Mr. Osburn's time of staying with Freedom and Safety to prosecute Rolf is renewed by the Commons, although it be expired; you see the Iron-bound Saints of the Army are im­pregnable, even against High Treason; if this Puny Saint be so in­violable, what hope have Major Huntington, and John Lilbourn to be heard against Cromwell?

For if the man such freedom have,

What then must he that keeps the Knave?

Yet if Rolf had but bastinadoed Sir Henry Mildmay (and that's no great matter) peradventure he had been prosecuted in earnest.

Thursday, 3. August, 120. A Letter from the Earl of Warwick for Martial Law at Sea. a Letter from the Earl of Warwick was read in the House of Commons, complaining of the Refractorinesse of the Sea-men, and that he could not govern them without a Com­mission for Martial Law; which was readily assented to; as any thing that cries up Arbitrary power, above the known Laws, usu­ally is. But how this will agree with the discipline of the Sea, and how they will fight being so yoaked, I know not.

The same day a Letter passed the House of Commons, 121. A Letter from the Parlia­ment to the Assembly of the Kirk of Scotland. directed to the Assembly of the Kirk of Scotland, setting forth what the Parliament had done in way of setling peace, reforming the Church and Universities, and maintaining the Covenant and union be­tween the two Nations, and complaining of Duke Hamilton's In­vading England under the Authority of the Parliament of Scot­land, to the Kirk there. How dangerous this president may prove to both Kingdoms, to make a few ambitious, paedantical Church-men supreme Judges over Parliament and State affairs, [Page 124] in ordine ad Deum: and how apt they are to lay hold upon such occasions, and kindle their zeal into a consuming flame, I leave to all wise men to judge.

122. A Declaration and 2. Letters from the Prince, to the City. The Commons Debate upon them.Thursday, 3. August. The Sheriffs of London and some of the Common Council brought to the House the Copies of two Letters they had received from the PRINCE; one directed to the Com­mon Council, expressing his Highnesse good affection to Peace, and to the whole City; and his endeavours to vindicate his Fathers Liber­ty and just Prerogative and Rights; to restore to the People their Laws, Liberties, and Property, to free them from that bondage under which they were now held like a Conquered Nation, to ease them of Excise and Taxes, to settle Religion according to his Fathers Agree­ment made with the Scots, and to reduce all things into their antient and proper Chanel. This Letter was accompanied with his De­claration to the same purpose. The other was to the Merchant Adventurers, Informing them he had made stay of 3. of their ships, but without any intent to make prize of them, desiring to borrow 20000 l. of them to be repayed out of the Customes, and requiring their speedy answer. To which Col. Harvy (first aggravating many faults in the King's Government, according to the scandalous De­claration against him) said, The Prince was his Fathers own Son, as like him as could be. That he had invited the Scots to come in, and declared for them; and had been formerly in Arms against the Par­liament. That he was but a subject; And moved the House to de­clare him a Rebell and a Traytor. Sir Peter Wentworth, Mr. Knightly, and Mr. Blackstone seconded him with much earnestnesse; so did Edward Ash, who farther moved, That the Common Council and Merchants should give no answer to his Letters, saying, there was no danger the Prince should make prize of their ships, for that he had engaged to the States of the Low-Countries to do no act prejudicial to Trade. At last the Debate was put off until the next day, being Friday: when the Speaker putting the House in mind of it again, It was earnestly called upon by the younger Sir John Evelin (Mr. Solicitors shadow) Scot, Weaver, Holland, Boys, and almost all the Godly Gang. So the Debate was resumed: and Weaver went very high to try the temper of the House. But the Debate in Terminis, That the Prince should be declared a Rebell and a Traytor, was soon laid by (though violently pressed) chiefly upon these reasons.

[Page 125]1. That they had not the Originals of the Princes Letter and Declaration, (which the Common-Council still kept) but one­ly Copies, not so much as attested upon Oath by any authen­tical Clerk; therefore no legal proceedings could be upon them.

2. To Vote the Prince a Traytor the same day when they sent Messengers to invite the King his Father to a Treaty of Peace, would argue no peaceable inclination in them, and would be so understood by the People.

3. They were engaged by the Nationall Covenant to defend the King's Person, Crown and Dignity; but the Prince, Heir apparent to His Crown, was (next under God) the chief sup­porter of his Crown and Dignity, therefore to Vote him a Traitor was to subvert his Crown and Dignity.

4. By the Stat. 25. Edw. 3. it is High Treason to endeavour the destruction of the Prince, the Kings eldest Son; but to declare him a Rebel and a Traitor, was to endeavour to destroy him; and therefore High Treason.

5. The people were already jealous that the KING and His Posterity should be laid by; and in them the Monarchical Go­vernment of this Nation subverted, and a new form of Govern­ment introduced; they had already by the Votes of No Addresses to the KING, and by their Declaration against Him (wherein they say, They can no longer confide in Him) laid by the KING, and now to Vote the PRINCE a Rebel and a Traytor, was to lay by both him, and his Brother the DUKE of YORK, who ad­heres to him, which would exceedingly confirm the people in their feares. But what they could not do expresly, All that ad­here to the Prince, decla­red Traytors. they did im­plicitly, by Voting All that should adhere to, ayd, or assist the PRINCE, Rebels and Traytors: Hereby they put a tie upon the City not to redeem their Ships, by lending 20000 l. to the Prince; and yet had a Pirat taken them, it had been lawful to redeem them.

Saturday, 5 August. 123. The National Covenant. The House of Commons went upon the Commissioners to judge of Scandals; there was a Clause in the Ordinance, forbidding the Nomination of such as refused the Nati­onal Covenant, which was strongly opposed by the Independents, who argued, That the National Covenant was but a League sworn mutually by the two Nations; that the Scots by Invading England had first broke it, and thereby set the English at liberty from it, that [Page 126] the Covenant was not Jure divino, no more than Presbytery was. To which was Answered, That the large Treaty containing the League between the two Nations, so did not the Covenant, which was a Vow made unto God with our hands lifted up to heaven, for the main­tenance and observation of the ends and principles expressed in the Covenant, from which no power on Earth can absolve. That though the Covenant was not Jure divino, yet the keeping of it after we have taken it is Jure divino, it being the revealed will of God, that we should not offer to him the sacrifice of fools; a Covenant to day, and break it to morrow.

124. A new Militia erected in e­very County, in the hands of Sectaries.Mondon, 7 August. A particular Ordinance to put the County of Wilts into a posture of defence was read, many that were named to be Deputy Lieutenants, or Commissioners, were mean petty fellowes, as one Read a Serving-man, and others, such as refuse to Act upon the Ordinances for setling Church Government, and de­clare that our Ministery is Antichristian, and are new dipped Brethren that have been re-baptized. These to have power to raise what men, and put arms into what hands they list; to fine 10 l. and twenty days Imprisonment for every default, and to levy 400 l. a week upon that poor County over and above the Taxes to Fairfax's Army, and Ireland and Free-quarter. The general Ordinance to trust the Counties with their own defence, is obstructed, to give way to these particular Ordinances, That all the Arms and Gar­risons of the Kingdom may be put into the hands of Antimonar­chical Sectaries, and the Militia of Godly Cut-throats established in every County towards the putting down of Monarchy, and the erecting of the many-headed Tyranny of the Saints of Derby-house and the Army. This Ordinance was commited.

125. Letters uncha­racterized, a new invented net to catch Presbyterians in.Tuesday, 8 August. Thomas Scot made report to the House of Commons of the private Letters brought out of Scotland by Ma­ster Haly-barton, (whereof I have formerly given you notice) this Gentleman being a publique Messenger from the Kingdom of Scotland, (and not from Duke Hamilton or his Army, whom on­ly the House of Commons have declared Enemies, without the concurrence of the Lords) hath leave given him by the Lords to stay a Month in England; yet the Commons have since Voted he shall be gone in twenty four hours, or else he shall be sent home in Custody. These Letters are most of them written in Chara­cters, yet this wel-gifted Brother Scot, hath found out a New [Page 127] Light to Decipher them by; and can tell by Inspiration, or by Privilege of Parliament, what Cypher or Character must signifie such a Letter of the Alphabet, or such a mans name. This engine added to the Schismatical High Commission or Committee of Clandestine Examinations, is better than any spring or trap to catch any active Presbyterian that lies crosse to the design of the Godly.

They may suppose any mans name to lie hid under such or such Characters and Cyphers, and so accuse him by virtue of this myste­rious art, of ayding or complying with the Scots or the Prince, and pin whatsoever the Faction pleaseth to call Treason upon his sleeve; these are the Arts of the Godly to make Innocency it self seem nocent, and remove out of the way such as hinder the erect­ing the Kingdom of the Saints.

These Letters so decyphered, were afterwards at a Conference reported to the Lords.

Wednesday, 9 August. 126. The City Peti­tion answered. The Answer to the City Petition (the day before delivered to the House of Commons) was reported to the House. It was an Answer to some of the Prayers of that Pe­tition only, but gave no Answer to their desires, for the Disban­ding of all Armies to ease the people of their Burdens. The resto­ring of the peoples Lawes and Liberties. The enjoyning all Mem­bers to attend the House; nor to the effectuall observation of the self-denying Ordinance: this last is a noli me tangere; if all Mem­bers should be enjoyned to be self-denying men, there would be few Godly men left in the House; How should the Saints possesse the good things of this world? yet (after some debate, and divers expressions used by Weaver and Harvy, That it appeared by the Petition that the City would desert the Parliament) they gave an Answer to their desires concerning the union to be kept with Scot­land, and a Cessation of all acts of Hostility during the Treaty of Peace; That they had Voted the Army under Duke Hamilton Enemies, and Declared, They would Act accordingly against them, to which they would adhere.

Master Hugerford argued, 127. The Commons debate to take away the Lords Negative voice and act without them. That because the Lords had denyed to concur in the said Vote, he conceived the House could make no such Declaration, nor act therein without them. This put the Zealous into a flame, that any Member should argue against the Pr [...]vileges of their House, so far as to deny them to be Almigh­ty [Page 128] singly, and per se: Reynolds the Lawyer positively affirming, that the Houses of Commons (being the Representative of all the People) had power to Act without the Lords for safety of the people, in case the Lords deserted their trust: you see in this doctrine (as it hath been already, and is likely to be practised hereafter) a ground layd to subvert the foundation of all Parliaments for e­ver, and to bring all degrees of men to a parity or levell. For the Parliament (by all the known Laws of the Land) consisting of 3. Estates,

1. King, 2. Lords, And 3. Commons.

Two of the Estates ( viz. the Lords and Commons) have already laid by the King, and His Negative Voice; and now the Com­mons debate of laying by the Lords, and their Negative Voice, because (in their judgement) they desert their Trust. And so the Commons alone shall act as a Parliament without KING or Lords, until falling into contempt and hatred of the people, (which will soon happen) the Grandees of Derby-house and the Army shall take advantage to lay the House of Commons by, and usurp the Kings supreme Governing Power, the Parliaments Legislative Power, yea and the Judges Judicative Power to themselves, and establish the many-headed Kingdom, Tyranny, or Oligarchy of the Saints (so much contended for) in themselves. O populum in servi­tutem paratum! as Tyberius said of the Romans. This is the tail of the Viper, here lies his venom.

128. Dead men Se­questred, and the Sanctuary of the Grave violated.Saturday, 12 August, A Message was sent to the Commons from the House of Lords in the behalf of Commissary Generall Copley, who had bought, and had a grant of the Wardship of the Heir of Sir William Hansby, for which he paid Fine and Rent, and was outed of it by a Sequestration laid upon Hansby's Estate after his death, he having been never questioned for Delinquency during his life-time; and this was maliciously done about the time when Master Copley was Imprisoned by the power of the Independent Faction, (whereof I have already said something) Master Copley desired the Sequestration might be taken off, and he permitted to enjoy his Contract made with the Court of Wards; alleging, that to Sequester or condemn a man after his death, when he could not answer for himself, was against the Laws of the Land, even in the highest crimes of Felony and Treason: and produced a President, That the Committee of Lords and [Page 129] Commons for Sequestrations had taken off a Sequestration from the Lands of Andrew Wall, for no other reason but because An­drew Wall was Sequestred after his death. The case was diversly argued; it was alleged, that in cases of the highest Treason no man was condemned after death, because he was not then in being to answer for himself, there could be no proceeding in Law against a non ens. In Felony if a man will stand mute, he forfeits not his lands, be­cause there wants an Answer, and yet it was his own fault not to answer. The Parliament is bound by all their Declarations made both to KING and People, and by the Nationall Covenant which contains all the first and just Principles of the Parliament, to defend the Laws and Liberties of the Land, and not to subvert them. Take heed of giving so dangerous a President for Kings to act by hereafter against the People, and against this Parliament and their friends; since no man yet knows which way the tide may turn. But the Independent Faction (whose interest it is to keep themselves rich, and all men else poor) argued the case meer­ly upon point of profit and conveniency, and neglected the right and jus of the businesse. They alleged, That men of desperate reso­lutions would not reward the losse of their own lives, so as they might preserve their Wives and Children: That the State (as they pleased to stile it) would lose much by such an example, they could not there­fore approve of the lenity of the Lords and Commons used in Walls case; many had been Sequestred after death, and so arguing à facto ad jus; alleged, that in case of Monopolies, satisfaction had been awarded out of dead mens Estates. But they forgot that out of Sequestrations no satisfaction is given to the parties wronged; the Committees and Sequestrators imbezelling the profits of them to increase their own gains, not bestowing them to re­pair injured mens losses, and so the equity upon which this Presi­dent is founded, faileth in case of Sequestrations. Thus you see these greedy Canibal Saints (like the hungry dogs that ate Jesabel) will devour carrion, or any thing that will make them fat and full: yet they declared, They were willing this Sequestration should be bestowed upon Master Copley as a Gratuity, not as a Right for fear of the example. Observe, that if Master Copley had waived his Title by Composition, and accepted this Wardship as a Gift, they would presently have published it in their News books, and Gilbert Mabbot should have proclaimed to all the world, that [Page 130] Presbyterians and Independents might be thought alike guilty of impoverishing the Kingdom: for the Faction labours nothing more than to have Companions in their sins and shames: At last it was passed, That Mr. Copley should have the Wardship restored to him, but great care taken it should not be drawn into example hereafter, that a man may not be Sequestred for Delinquency af­ter his death, Cavete vobis mortui atque sepulti, dead mens graves are not secure from these Lycanthropi, these Lou-garons.

129. The Messen­gers to the King, Report their Message in the House of Commons.Monday, 14. August, Master Bulkeley in the name of himself and his fellow-Commissioner Sir I. Hippesly (sent to the King to acquaint him with the Vote of the two Houses, That they de­sired a Treaty with the King upon the Propositions of Hampton-Court in what place of the Island of Wight He should think fit, and that the Treaty shall be with Honour, Freedom, and Safety to His Majesty) Reported to the House of Commons all the circum­stances and emergencies of their imployment, (the Kings Let­ter of Answer being carried to the Lords by the Earl of Middle­sex, and therefore not delivered to the Commons for the present) which with much candor were related as followeth, That the KING bad them welcom, saying, they came about a welcom businesse (PEACE) which no man desired with more earnest­nesse than Himself; and if there did not ensue a Peace, the fault should not lie at his dore; and that He feared no obstructions from any but those who gained by the War. He farther said, that His Majesty desired (immediatly after the delivery of the Votes) to speak a word with them in private, which they modestly excused for want of Commission. That about two days after his Majesty seeing the said Commissioners of the Parliament standing in the Presence Chamber, first beckoned the Earl of Middlesex to him, and had some short discourse singly with him, and then with Sir John Hippesly and Master Bulkeley one after another. These three Gentlemen afterwards comparing their notes, found the Kings discourse to every of them to be all to one effect, viz. Ex­pressing His desires of a good peace; and importuning them to do all good Offices conducing thereto. He farther related, that when they took leave of His Majesty, He delivered His Answer in writng to them unsealed; telling them, He doubted not their fidelity, though ill use had been made of His last Answer which he sent open, it ha­ving been debated in private, and a prejudice put upon it, before it was [Page 131] presented to the Houses. This free and unpartial Report shewing how earnest his Majesty is for Peace, did the King so much Right, that the Antimonarchical Faction looked upon it as done to their wrong, and Herbert Morley presently spit out his Venom to this purpose, Mr. Speaker, These Gentlemen have delivered all to you but what they should deliver, that is, the Kings Answer, which they have suffered first to be carried to the Lords; they might have deli­vered you at least a Copy thereof (it should seem Morley had for­got that the House proceeds not upon Copies) My motion is, that since these Gentlemen have exceeded their Commission by conferring privatly with the King, the House may do well either to question them therefore, or give them an Act of Oblivion for their good service: This was cried upon a long time by the whole kennell of the Fa­ction, and at last put off till the next day, when the Lords sending down the Kings Letter, the House should have the whole busi­nesse before them.

The next day being Tuesday, 15. August, 130. The aforesaid Messengers a­gain. the Kings aforesaid Letter of Answer with divers Votes thereupon were sent down from the Lords to the House of Commons, when presently the Beagles of the Faction spent their mouths freely against the said Commissioners again for lending the KING the civility of an eare in private, as abovesaid. After a long debate, at last this Objecti­on stopped the Mouths of Malice it self, That if these Gentlemen had reported an aversnesse in the King to Peace (and aggravated His Words as other Messengers had formerly done, whereof the King seem'd to complain) it would have proved a welcome discovery, and have been rewarded with Thanks instead of an Act of Oblivion. So with much adoe, Thanks were given to the said Gentlemen, with approbation of their proceedings.

The same day the Militia of London were called into the House of Commons, 131. The Militia of London: Con­cerning pri­vate Listing by Skippon; and the Militia of the City. where Alderman Gybs in the name of the Com­mon-Council and Militia (not by Petition, but in a set Speech) delivered the fears and jealousies of the City (even of the gra­vest, wisest, and best affected) occasioned by Skippon's underhand Listing of Schismaticks, Antimonarchists; his setting up thereby a power against a power, to the endangering of a civil War within the Bowels of the City; weakning of the Trained Bands, de­boshing Servants from their Masters, Children from their Pa­rents. That under colour of Skippon's private Listings, other pri­vate [Page 132] Listings were carried on by Malignants, the Magistrates of the City not being able to question either, and distingush one from the other. That fear was a violent passion, and was now grown so universal, that the Common Council knew not how to give satisfaction therein, the Citizens usually clamouring, that if the Houses did not give them leave to look to their safety, they must have recourse to the Law of Nature, and Act in their Militia with­out the Houses in order to Self-defence, allowable by all Laws, and practised by this very Parliament against the King, and by Fairfax's Army against this Parliament.

The Prayers of his Speech were three.

1. That Skippon's Listed men might be under the Militia of the City.

2. That the expired Ordinance for Listing Forces might be re­vived.

3. That the Militias of Westminster, Southwark, and the Ham­lets might be united with the City as formerly.

To this clause of having recourse to the Law of Nature for Self-defence, great exceptions were taken in the debate of the House by the two Ashes, Ven, Harvy, Scot, Weaver, and other of the Godly pack. That the Parliament having fought with the King for the Militia, and having got it by the Sword, any other Interest, upon any title whatsoever should dare to lay claim to any part of it. You see these Lyons of the Tribe will allow no Beasts of diffe­rent kind to share with them in their prey, although they did sweat and bleed with them in the hunting and catching it. The Grandees may as well say they have conquered our Laws and Li­berties; for (as I have in my General Conclusion cited) they say, That they fought with the King for his Negative Voice, and Legis­lative Power, and that God hath by the Verdict of the Sword given judgement for them; and yet when the King claimed them by a better and more legal Title than the Sword, they could object the equity of the Laws against the killing letter of them, which they say, directs still to the equitable sense of all Laws, as dispen­cing with the very letter thereof as being supreme to it when safety and preservation is concerned, and alleging, That all Au­thority is seated fundamentally in the Office, and but ministerially in the persons; and that it is no resisting of Magistracy to side with the just Principles of Nature. See the Declaration and Papers of the [Page 133] Army, p. 39. 40. and the Ectact Collect. p. 150. & alibi passim: In conclusion, after a tedious debate, the desires of the Citizens were referred to a Committee of the House to be wyer-drawn into an Ordinance, That all Forces raised, and to be raised in the City of London, and the Liberties thereof, should be subject to the Mi­litia of London (whereof Skippon is a Member) and under the Com­mand of Major General Skippon. When this Ordinance will be perfected, what the sense and meaning of this Riddle is, and what dangers may befall the City if Colchester be taken, or the Scots beaten, before they have leave to put themselves into a po­sture of defence, God knows. It was farther referred to bring in an Ordinance for uniting the aforesaid Militias. You see how jealous they are of late of the Militia, since the Grandees enter­tained new Principles, and new designs. In the Propositions pre­sented to the King at Newcastle, the Proposition for the Militia hath this proviso, Provided that the City of London shall have and enjoy all their Rights, Liberties, Franchises and Customs, and Usa­ges in raising and employing the Forces of that City for the defence thereof, in as full and ample manner to all intents and purposes, as they have, or might have used or enjoyed the same at any time before the making of this Act or Proposition: to the end that City may be ful­ly assured, it is not in the intention of the Parl. to take from them any Privileges or Immunities in raising and disposing of their Forces, which they have, or might have used or enjoyed heretofore. This is a clear confession, that by the antient Customs and Usages of the City, they have Right to their own Militia, or else this Proviso were vain; howsoever the learned Counsel of the City fool them. The like proviso word for word is contained in the Proposition for the Militia of Hampton Court, saving that the last clause, That the City may be assured the Parliament hath no intention to take from them any Privileges, &c. is omitted, I think to please the Army and their engaged party. See the Letters, Papers, Transactions of the English Commissioners in Scotland with the Scots, &c. p. 58.

Wednesday 16 August. The Kings said Letter was read, 132. The Lords Votes upon the Kings Let­ter, debated in the House of Cmmons. and the Lords Votes thereupon: first, (after some little opposition) the Commons concurred with the Lords in recalling the 4 Votes for making and receiving no Addresses to or from the King: there­by, 1. Absolving him from a kind of Parliamentary Excommuni­cation.

[Page 134]2. Restoring to all Free-born Subjects the Liberty they are born to, of presenting their humble desires to his Majesty, and perfor­ming the duties of their Allegiance and Oath.

And 3. Reducing themselves unto that scope, and end, for which only the Writ summons them as a Parliament, viz. To Treat with the King. The second Vote, was, To recall the Instru­ctions of Parliament given to Hammond, how to carry himself in his Charge towards the King, His Servants, and all Resorters to Him, &c. This was laid by, to be debated in the last place, after all the rest of the Lords Votes. The third Vote read, was, That such men of all professions as the King should send for, as of necessary use to Him in the Treaty, may be admitted to wait on him, and that He might be in the same state of Freedom He was in when He was last at Hampton-Court. This Vote (instead of concurring with the Lords) was divided. The first part (after many objections to it) was moulded into this following question, and carried in the affirma­tive, that His Majesty might send for men of all professions, and he being desired first to send a List of their Names to the Parl. and nominating no Person excepted out of Pardon, none that have been in Actual War against the Parliament, nor any man that is un­der restraint of the Parliament. The latter part of this Vote, for enjoying such Freedom as he was in at Hampton-Court, was di­versly argued for the Ambiguousnesse of it; the question being, Whether such freedom as the Parliament allowed him, or such freedom as the Army (for their own ends) gave him, de facto, were intended? at last the question was agreed to be in Terminis. The fourth Vote, was, that the Scots should be invited to the trea­ty: this likewise was doubtfully argued, 1. Whether they should be invited by the Parliament? considering they had broken the large treaty, National Covenant, and Union, by surprizing and Garriso­ning Barwick and Carlisle, and by entring England with an Army: This was carried in the Negative. The 2. Debate, was, Whether it should be left to the King to invite the Scots to send some persons au­thorized to treat upon such Propositions as they should make for the Interest of Scotland only? This likewise was opposed for the rea­sons aforesaid, and because the Power and Authority of Scotland was now in the hands of Duke Hamilton and a few dis-affect­ed persons, who were not likely to send any of the honest God­ly party to Treat, whereby the Treaty would be carried on [Page 135] to the disadvantage and ruine of the Godly and of the Church, our only friends there: And Mr. Ashurst related, That the major part of the past Parliament of Scotland over-powred the minor part by an Army, and so got the Engagement and other Acts, and the Committee of Estates passed, against which the Assembly of the Kirk (consisting of 400 persons) declared with one Voice. I know not what he meant, by saying the major part in Scotland over-pow­red the minor, when I consider that major pars obtinet rationem totius, the major part is virtually the Parliament, to which the mi­nor part must submit; although here in England the lesser part of the Parliament engaging and conspiring with an Army (whom themselves in a full and free Parliament had formerly declared E­nemies to the State) overpowred the greater part, contrary to reason and practice. This question seemed to agree with the sense of the Independents reasonably well, because it leaves it onely to the pleasure of the King to Treat dis-junctively with the Scots upon the sole Interest of Scotland, as men no ways concer­ned in the settlement of Peace in England; whereby it is tacitely inferred, that the Treaties, Covenant, and Union between the two Kingdoms is dissolved, so the question aforesaid was put with this addition, That if the King shall be pleased to invite the Scots to send some Persons Authorized, &c. the Parliament will give them safe conduct. The fifth Vote of the Lords was, That Newport in the Island of Wight should be the place of Treaty: to which the Commons concurred. With these debates ended this Week the 19 day of August.

About this time came forth a Book entituled, 133. A pestilent Book, called, [The necessity of the absolute power of Kings, &c.] [ The necessity of the absolute power of all Kings; and in particular, of the King of England] concerning which, I am to admonish the Reader, that it is conceived to be a Cockatrice hatched by the Antimonarchi­cal Faction, to envenome the people against the KING and PRINCE.

The next Week begins with Monday 21 August, of whose proceedings I can give you only an imperfect scambling relation; and so shall surcease all farther endeavours in this kind, because I have already delivered enough for your Instruction, if God have not appointed you to be led blindfold into the pit dig­ged for your destruction; but principally because my good Geni­us, that furnished me with Intelligence, hath now retired [Page 136] himself from acting without hope, to praying with faith, for his Country; being tired out with hearing and seeing so much sinne and folly as now raigns at Westminster: and I love not much to take news upon trust from the vulgar Peripateticks of the Hall. 134. Mr. Martyns levelling practises and principles. The chief things of note were, More Complaints of Henry Mar­tyn, who now declares himself for a Community of Wealth, as well as of Women, and protests against King, Lords, Gentry, Lawyers, and Clergy, nay, against the Parliament it self, in whose bosome this Viper hath been fostered, and against all Magistrates; like a second Wat Tyler, all Pen and Inkhorn-men must down. His Le­velling Doctrine is conteined in a Pamphlet, called, [Englands Troubler Troubled] wherein, All Rich men whatsoever are declared Enemies to the Mean men of England, and (in effect) War de­nounced against them.

135. Skippon's Listings.Next, the Ordinance for transferring over to the Militia of Lon­don Skippon's power of listing men in London, was passed in the House of Commons, with this Coloquintida in it, That Skippon should name and appoint Commanders and Officers for the Forces li­sted, to be approved of by the Militia of London.

136. Cromwel's laureat letters 20 Aug. 1648:A Letter from Oliver Cromwel was read in the House of Com­mons, relating his easie victory over Duke Hamilton and Major Gen. Bayly, (which puts me in mind of Ovid's Victory over Corin­na, of whom he saith, ‘Victa est, nou aegrè, proditione sua.)’ and conteining an admonition not to hate Gods people, who are as the apple of his eye, and for whom even Kings shall be reproved: and exhorting the Speaker (to whom it was written) to fullfill the end of his Magistracy, that all that will live peaceably and quietly (viz. in Vassalage to Oliver and his Faction, and neglect Religion, Laws, and Liberties) may have countenance from him. (God blesse all ho­nest men from the light of Oliver's countenance, lest in an ignis fa­tuus mislead them from the duties of their Oaths of Allegiance, Supremacy, Potestation, and Covenant) and they that are implaca­ble, may speedily be destroyed out of the Land.

137. Martial Law in London.To prepare the way to whose destruction, it was Ordered, That an Ordinance be penned, and brought into the House of Com­mons, to try all such by Martial Law in the City of London as shall be found to plot, design, or contrive any thing, to endanger the Parliament or City. And yet London is no Garrison now as it [Page 137] was when Tomkims and Challoner were tried; not is there any Enemy considerable in the Field, whereby the known Laws of the Land may not passe currently through the Kingdom: but our known Laws are not written in blood; nor are they so flexible as to make all Traytors, the Faction pleaseth to call such.

Yet as cruel as these Caco fuegos of the Faction are to some, 138. Rolf's Bayl a­gain pressed. they have mercy enough for Rolf, whose Bayl was again exceeding­ly pressed: and that his two Prosecutors Osburn and Dowcet should be under restraint in his stead; whom they have forejudged (out of the King's Letter to the Houses) not to be able to prove their in­formation, whereas it may be discretion in the King not to encrease his danger by acknowledging it.

Saturday, 26. August. 139. The KINGS Letter to the States of Scot­land taken from Haly-burton. The King's Letter to the Committee of States in Scotland, &c. in Answer to their Letter sent to Him by Haly-burton (which Letter was taken from Haly-burton, although a publique Minister of State, and allowed by Parliament to carry their Letter to the King) was read in the House of Com­mons.

I hear in general, that it was excellently well penned, and a very just, honest, and peaceable Letter. Yet it was Voted, neither to be sent to the Lords, nor to be restored to Haly-burton; but damned to close imprisonment in a Box, under Seal; lest the people should know how truly zealous his Majesty is to settle Peace in the Land: a mystery their understandings must not be trusted withall.