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Tracts on Liberty by the Levellers and their Critics Vol. 6 (1649) (2nd ed)

Tracts on Liberty by the Levellers and their Critics, Volume 6 (1649) (2nd. revised and enlarged Edition)

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Revised: 26 May, 2018 - 53 titles, of which

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Introductory Matter

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Key (revised 21 April 2016)

T.78 [1646.10.12] (3.18) Richard Overton, An Arrow against all Tyrants and Tyranny (12 October 1646).

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Tracts from 1649 (Volume 6)

T.173 (9.35) Marchamont Nedham, The Great Feast at the Sheep-shearing of the City and Citizens (1649).

Editing History:

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Bibliographical Information

ID Number

T.173 [1649. ??] (9.35) Marchamont Nedham, The Great Feast at the Sheep-shearing of the City and Citizens (1649).

Full title

Marchamont Nedham, The Great Feast at the Sheep-shearing of the City and Citizens, on the 7th. of Iune last: Consecrated for an Holy Thursday in Memorandum of St. Thomas, and St. Oliver; Solemnly holden at the Grocers Hall, London, 1649. To the Tone or Garb of the Counter Scuffle.
Printed in the Yeare, 1649.

Estimated date of publication

c. 1649 (no month specified).

Thomason Tracts Catalog information

Not listed in TT.

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

The great Feast, at the Sheep-shearing of the City and Citizens, on Thursday the 7. of Iune last.

MY Reader must not here suppose

That I will waste good Verse or Prose

On Fairfax face, or Cromwels nose,

Or Atkins savoury breech;

Nor Skippen (that almighty Major)

Or Ireton (Commissary Rager)

Nor will I write (I’le lay a wager)

Like Pembroks Learned speech.

The famous Acts of Noble Hero’s,

Great Englands brave Renowned Nero’s,

And all their Stout Biberius Mero’s

Behold their entertainment;

And if with patience you will read,

(If God be pleas’d to send good speed)

’Tis thought the fates are all agreed

To further their araignment.

Now for the Feast, I hold it fit,

(Although my selfe had not a bit)

That something of it should be writ

For after imitation;

Therefore I’le shew the cause wherefore

This Feast was eate, payd for, and more,

And not one penny set oth’ score,

(A worthy commendation.)

These costs were spent to cannonize

Those mighty mortall Dieties,

Then stroak your beards, and wipe your eyes

If you’l behold their splendor;

Then (Ecce signum) these are they

Who layd King Charles as cold as clay,

And by that Act most fit they may

Be call’d no Faiths Defendor.

These Worthies have fought for the Cause,

For our Religion, Lives, and Laws,

And set us free from Tyrants claws,

Now truth and right beares sway:

All Taxes now are layd aside,

Plenty of all things, far and wide

Folkes may in peace, both go or ride,

The cleane contrary way.

These, these are they, whose Noble Actions

Purg’d Church and State from putrifactions,

Cur’d our distempers and distractions.

And set us all in quiet:

And have they done for us all this,

As th’ only Authors of our blisse,

We held it therefore not amisse

To give them some good diet:

True Citizens, are Cities sons,

Whose wit and coine, in plenty runs,

Their hogsheads empty many tuns,

They are such kinde of folks;

For all our troubles they are grac’d,

And in the formost rancks are plac’d,

And all true Pallats them do taste

Like Eggs that have no yolks.

This Army, and this Parliament,

Hath been th’ Appointed instrument

To save them all from detriment

By cowing of their courage.

They kisse the rod, and love the threaters,

They are enamourd of their cheaters,

And humbly beg them to be eaters

Of Venison, Wine, and Burrage.

But for this feasts great preparation,

And how ’twas kept with Acclamation,

I will not wrong your expectation

With more delayes or fables.

They all prepar’d to cleanse their sinne

By Owens Preach, and Tom Goodwin,

In Christ Church which hath never been

Like other Churches stables.

But Christ Church was for other beasts

Then Horses, or horn wanting creasts,

Though Bucks or Stagges be at the feasts,

Yet sure there were not any.

There might be Athiests there perhaps

(Who fear not Heavens great thunder claps)

Nor think hells all devouring chaps

Will swallow half so many.

Yet at these Preachments and sweet prayers

There were Beasts, Tygers, Wolves and Beares,

And greedy dogs with prick’d up eares,

But not one Royall Lion:

Some asses and some crafty Foxes,

Who hide stolne treasure in their boxes,

And some that plea’d their dells and Doxeys

With musick like Arion.

The Preachers very zealously

Mock’d God (with thanks for victory,

And Popham came triumphantly

Well beaten from Kinsale.

But after three houres long digressings,

The Levites salved all Trangressings,

And gave them Independent blessings

By whole sale and Retale.

The Pomp of these most Pompous sinners

From Heavenly food to Earthly dinners,

Gaz’d on by Oyster wives and Spinners,

And Porters in abowndance.

Fine silken fools, brave golden gulls,

Some modest maids, some shamelesse Trulls,

And Trumpeters neere split their sculls

With noise would make a Hownd dance.

The Marshall mounted on his Steed

(With care Prudentiall, and good heed)

Usher’d the Heard where they might feed,

Of people made two hedges:

Next whom the Grocers Livery men,

The Common Councell followed then,

Which all appeared (to my ken)

Like Beetles, Blocks, and Wedges.

The Officers and Squires before,

(With needlesse creatures many more)

And one a Cap of Maintenance wore,

And in his hand a sword,

Which never man in anger drew;

For had they drawn it just and true,

Then never had the damned crue

Destroy’d our Soveraigne Lord.

Next that the Mayor of London rode,

His Horse and He had each their Load

Whose Lordships both, gave many a nod

To people as he passes.

His Scarlet gown his back did beare,

And ’bout his neck he then did weare,

A bunch of Jewells rich and deare,

Hang’d in a collar of Asses.

The City musick sweetly fidled,

And Bells (in Changes) rung and ridled,

Whilst on their Palfries they down didled

Through Cheapsides famous street.

I tell you that the like was n’er

Since Williams raigne (the Conquerere)

And ne’r will be the like I feare,

’Tis better fortune greet.

Then follow’d Englands Pompey (Tom)

And his Commander (Well com Crom)

Whose sights the people (thither com)

With foure houres stay expected,

But they with th’ Speaker and the Mace,

Disdain’d the multitude to grace

With one good glance of one good face.

Which made them disaffected.

For some said Toms was black and blue,

And Nols was of a crimson hue,

And each of them lookt like a Jew

That murdered had their Christ.

For sure they can have no excuse

For their inhumane base abuse.

Their Kings and good mens blood to sluce,

The Dee’l them all entis’d.

Thus they in triumph past along

Through deere Cheapeside, and all the throng,

Whilst thousand curses was the song

Which blest them as they went;

At Grocers Hall, they grocely fed,

With which their paunches out were spread,

Whilst thousands starve for want of bread,

Let’s thanke the Parliament.

Neere forty Bucks, these Holy Ones

Devour’d, and left the dogs the bones,

And Musick grac’d with Tunes and Tones,

This Bacchanalian Feast:

And after that, a Banquet came

Of sweet meates of rare forme and frame,

Of Castles, Towres, and Forts of Fame,

More then can be exprest.

But one thing now to minde I call,

They lackt a Marchpane like White-Hall,

’Fore which a Scaffold square and tall,

And on it a good King;

And there his head to be off chop’d,

And all his Branches bravely lop’d,

How three great Kingdomes blisse was crop’d;

This had been a fine thing.

Thus with the Ordnance thundring rore,

My mute is mute, I must give ore,

Whilst Englands woes good men deplore.

Whilst Tyrants feast with joy;

But I desire, that every one

Would humbly pray to God alone

To set the second Charles on’s Throne,

And all our Griefes destroy.

FINIS.

 


 

T.176 (10.15) [Richard Overton], The Moderate (December 1648 - January 1649).

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Bibliographical Information

ID Number

T.176 [1649.01] (10.15) [Richard Overton], The Moderate (December 1648 - January 1649).

  • no. 21 (Nov. 28 to Dec. 5, 1648) to no. 33 (Feb. 20-27, 1649)

Full title

The Moderate: Impartially communicating Martial Affaires to the Kingdome of England.

Estimated date of publication

No. 21 From Tuesday Novemb. 28. to Tuesday December 5. 1648; to No. 33 From Tuesday February 20. to Tuesday February 27. 1649.

Thomason Tracts Catalog information

TT2, pp. 404–5; E. 475–477, 536–540; 541–543, 545.

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Text goes here

The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.

I Finde, amongst earthly comforts and blessings, that a good Prince Is Marshalled in the Van, and takes priority of all the rest, being clothed with Honour, Love, and Soveraign Splendor; and an evill Prince in the Reer, as the heavyest of all Plagues, and greatest of all Judgements upon earth, bringing desolation, and generall destruction whereever he raigneth, and therefore as the whole Body is of more authority then the only Head, and may cure the Head if it be out of tune; so may the weal-publike cure or purge their Heads, if they insect the rest, seeing that a body Civill may have divers Heads, and is not bound ever to one, as a Body naturall is; which body naturall, if it had the same ability, that when it had an aking, or sickly head, it could cut it off, and take another, I doubt not but it would so do, and that all men would confesse it had authority sufficient, and reason to do the same, rather then all the other parts should perish, or live in pain, or continuall torment: But much more clear it is, That all Common wealths have in all Ages lawfully chastised their lawfull Princes, though never so lawfully descended (as the people now say) or otherwise lawfully put in possession of their Crown: And (which is most remarkable) this hath alwayes, or for the most part fallen out most commodious and profitable, for those Common wealths have been crowned with blessings from heaven by the good successe, and successors that ensued hereof.

The points held forth are high, and the Reader expects proof hereof, which I shall do, with as much brevity as may be, and first I shall prove it by Scripture: I finde in 1 Kings 31. and 4 Kings 21 & 44. That two wicked Kings, Saul and Ammon (though both of them were lawfully placed in that dignity) were lawfully deprived, and put to death by the people; and did not God afterwards bring in David and Josias in their rooms, who were the two most excellent Princes that ever that Nation, or any other (I think) have had to govern them.

And first, King Saul, though he were elected by God to that Royall Throne, yet was he slain by the Philistimes, by Gods order, as it was foretold him, for his disobedience, and not fulfilling the Law, and limits prescribed unto him.

Ammon was a lawfull King also, and that by naturall descent and succession, for he was son and heir to King Manastes, whom he succeeded, and yet was he lawfully slain by his own people, Quia non ambulavit in via Domini, because he walked not in the wayes prescribed unto him by God. And for those two good Kings that succeeded them, we reade Jasias did that which was right in the fight of God, neither did he decline unto the right or the lese: And David likewise we finde to be a man after Gods own heart.

And now if we will leave the Hebrews, and return to the Romans, we shall finde divers things notable in that State also, to the people thereof; For before &illegible; their first King, having by little and little declined into Tyrannie, he was stain, and cut in pieces by the Senate, Hallib. 1. and in his place was chosen Numa Pompulius, the notablest King that ever they had, who prescribed all their manner of Sacrifices, imitating therein and in divers other points, the Rites and Ceremonies of the &illegible; he began also the building of their Capitol, adding the two moneths of January and February to the year and other notable things for that Common-wealth. Again, when Tarquinim the proud, their seventh and last King, was expelled by the Senate for his cruell Government, and the whole manner of Government changed: We see the &illegible; was prosperous, so that only no hurt came thereby to the Common-wealth, but exceeding much good; their government and increase of the Empire was prosperous, under their &illegible; for many years, in such sort, that whereas at the end of their Kings Government they had but fifteen miles teritory without their City, it is known, that when their Consuls government ended, and was changed by Julius &illegible; their territory reached near fifteen thousand miles in compasse, for that they had not only all Europe under their Dominion, but the principall parts of all Asia, and Africa, so as this chastisement, so iustly laid upon their Kings, was profitable, and beneficiall to their Common-wealth.

When Julius &illegible; upon particular ambition, had broken all Law, both Humane, and Divine, and taken all Government into his hands alone he was, in revenge hereof, stain by Senators in the Senate house, and &illegible; Augustus preferred in his room, who proved afterwards the most famous Emperour that ever was.

The like may be said of the Noble Ranke of the five excellent good Emperours; wit. Nervs, Trajun, Adrlan, &illegible; &illegible; and Marcus Aurelius, that insued in the Empire by the just death of cruell Domitian, Europ. in vitz Casa.

The two famous changes that have been made of the royall Line in France; The first from the Race of Farmond and &illegible; to the Line of Pepin; And the second from the Race of Pepin againe, to the Line of Huge Capetus, that endureth unto this day.

Step over now the Pireny Mountaines, and look into Spaine, and there you shall finde a lawfull King, named &illegible; &illegible; puld downe and deprived, both he and his posterity, in the fourth Councell Nationall of Taledo, and one &illegible; confirmed in his place. Likewise one Don Alanso, the eleventh of that name, for his evill government and tyranny was deposed by his Kingdome.

What should I name here the deposition made of Princes in our dayes by other Common-wealths, as in Polonis, of Henry the third, that was King of France, was deprived of his Crowne in Polonia, by publique Act of Parliament. Or the deprivation of Henry King of Suet a, who being lawfull successour, and in possession, after his Father &illegible; was puld downe by that Common wealth, and deprived, and his brother made King in his place; and this was allowed by all the Princes of Germany neere about that Realme, who say, the reasonable causes which that Common-wealth had to proceed as it did. But it will be best to end this Narration, with examples out of England it selfe, and that since the conquest, as King Edwin, and others; neither shall I stand much upon the example of King Iohn, After whose deposition the good King Henry the third was admitted; and what thinke you of Edward the second, who was deposed also by Act of Parliament, holden at London Auno 1326. and his body adjudged to perpetuall prison, and Edward his Sonne chosen in this place, for which he thankes them heartily, given them many thanks, and with many teares acknowledged the justnesse of his being degraded, his name of King was taken from him, and hee appointed to be called Edward of &illegible; from that houre forward, and then his Crowne and &illegible; were taken away, and the Steward of his house brake the staff of his Office in his presence, and discharged his servants of their attendance, and all other people of their obedience or allegiance towards him; and towards his maintenance, he had only 100 markes a yeare allowed him; and then delivered into the hands of Keepers, who led him prisoner to severall places, using him with extreame indignity in the way, untill at last they took away his life from him; and did not God blesse the people for executing judgment on this King, by giving them Edward the third after him? And was not Richard the second (who suffered himself to be abused and misled by evill Counsellors, to the great hurt and &illegible; of the Realme) deposed by Act of Parliament, holden in London &illegible; 1399. and condemned to perpetuall prison, in the Castle of Pontefract, where he was soon after put to death also: And was not King Henry the sixth, after he had raigned almost 40 yeares, Imprisoned and put to death, together with his son the Prince of Wales, by E. 4. of the house of York, and the same was confirmed by the Commons, and especially by the people of London, and afterwards also by publike act of Parliament for that he suffered himselfe to be over ruled by the Queene his wife, and had Articles of Agreement made by the Parliament, between him and the Duke of York; And these may serve for proofe, that lawfull Princes have oftentimes by their Common-wealths been lawfully deposed for mis-government. And that God hath allowed, and assisted the same with good successe unto the Weale publique.

From Warsovia the 30. October, 1648.

The Cosackes, Instead of pursuing their victorie, as it was very easie to doe, considering how numerous they were, and withall the confusion that was all over the Kingdome of Poland, happening by reason of their late overthrow; neverthelesse, they are gone to their old Quariers, where they only make mercy with the Plate, and other booty lately gained in the late fight; yet it is said, they doe not intend to give over thus, having lately made an Agreement with the Tartars, whom they promise to assist, and help to shake off the Turkish yoake, upon condition, the Tartars shall likewise give them all assistance against the Kingdome of Poland. In the meane time, it hath been resolved upon, for the Election of a new &illegible; in the Diet now adembled, and that to be the 4. of November next, but by reason that both brothers doe lay claims to the Crowne, it seemes that the younger, who in the beginning had a very strong party, but since much weakned, therefore maketh a demarre in the Election, seeing it is not like to goe on his side. Yesterday Prince &illegible; (who is still called here by the name of King of Sweden) sent soure Embassadours to the Diet, where the Bishop of Samogiria being to speak for the rest, demanded the Crowne for this Prince, to whom the Archbishop of Guesuer answered, that he would take advice with the rest of the Assembly; and besides, made a long speech in the commendation of this Prince, and how much obliged the State was unto the Kings, his Progenitors. Some few dayes before, the Prince of &illegible; sent to demand the Crowne for his second senne, promising, in case it were granted, to make warre against their enemies the space of three yeares, at his own cost and charges.

From &illegible; the 1. November.

While that the Senateurs assembled at Warsoviæ, about the Election of a new King of Poland, The forces of that Kingdome, who being now joyned together, making a very considerable Army, are marching in a full body to oppose the Cosackes, who as it is reported, are divided into three distinct Armies; The first being gone into &illegible; The second towards Warsoviæ, and &illegible; and the third remaineth about Lenberg; Although it is said, that having stormed the place, they had a great repulse, with the losse of 1200. of their men, whereupon the report goeth, they march to &illegible; where the Prince of &illegible; hath retired himselfe with 6000. men, for the defence of that place. There is a report, that Prince &illegible; doth cause to be made a high way through a Wood, wide enough to passe eight waggons a brest; this to be a passage for his forces that he intends to bring into Poland, in case he be denied his request concerning the Crowne, intending to joyne with the Cosackes, who with their horse make daily intoades, and much annoy the Countrey, insomuch that the Countreymen are forced for their security to joyn with the Gen. &illegible; chiefe Commander of the Cosackest. neverthelesse it is reported, that they are about to send Commissioners to Warsoviæ, to treat about an accommodation.

From &illegible; the 15. November.

The 8. instant the Te &illegible; was song here, and our Ordnance discharged three times, for joy of the happy conclusion of a generall Peace in Germany. The King of Denmarke, after he had received the homage of the Towne of Melderse, in &illegible; went two dayes after to &illegible; where he was royally entertained by the Duke of Holstela, and so from thence returned to Koppanbagen, to be present at the funerals of his late deceased father, and so to be crowned the 6th. of the next moneth; And by reason that our Magistrates are invited to the Solemnity, therefore they have deputed one Burgomaster, one Sindye, and a Senatour to goe in their name to Koppanbagen, and carrie along with them such presents as are usuall; viz. One for his Majesty, The other for the Queen his wife, both being esteemed to the value of 8000. Rixdollars.

From &illegible; the 17. November.

The 12. instant, General &illegible; with the Major Generals, Dougles, Horne, and Linden; the Count Palatin Philip, sonne to Count Palatin Frederick, the Palatin Lewis of Suitzbach, the Palatin Adolphus John, brother to the Swedes Generalissimo, and some other Officers of that Army came to this City, where the Magistrate sent them the same day, one waggon laden with wine, and two others with first, as is accustomed in the great Cities of Germany to be done, unto persons of that ranke. The 13. they viewed our Magazines, and General &illegible; did order the head Quarter of his Army to be at &illegible; a league from this City. The 14. they remored from thence, and went to Rikersdoif, one league and a halfe from this, place, towards the Palatinate; But yesterday the Army having turned back, most of them passed by us, and went to quarter at Grudlack, which is towards &illegible; about the same distance from us. Our Magistrate having sent them good store of bread and beer, and like provisions for their better subsistence. It is reported that a Diet is to be kept at Eamberg, to conclude concerning the Winter Quarters for the Swedish Army, who are resolved to take them in &illegible; till such time as there is a totall and reall execution of the Articles of the Peace lately agreed upon; and withall, they to be satisfied wholly, and have those summes of money paid that they are to receive, before they depart the Countrey.

From Frankford on the Main November 19.

The French Army, after they had taken Wisterstad, advanced as far as Britten, but are since drawne into their garrisons, upon the publishing of a Peace in Gaminie.

Leipsick the same day.

The suspension of armes on both sides, as it was agreed upon by the peace of Germany, being published, the Prince Palatine, Generalissimo of the Swedish Armies, is withdrawne from about Prague, towards Braudeis, Methick, and &illegible; there being left only in the lesser Towne, and the Castle, Lieutenant Generall &illegible; and Colonell &illegible; with 3000 foot souldiers and some Troops of horse, who are not to commit any act of hostility, by reason of this suspention of Armes, which begins to be observed.

From Munster in Westphalia, November. 23.

The Lieutenant Generall Geis, who is Commander in chief of the &illegible; forces, hath part of his Army quartered at Geeven in this Diocesse, and from thence are to march further towards &illegible; and &illegible;

From Neples November 24.

The Marquis Capponi, sent from the great Duke of Florence, to D. &illegible; de Austria is here, returned from Messine. Sir Glonettine &illegible; hath carried thither four galleys, intending to make new levies of men, which afterwards wil be convoyed into Spaint; Some companies of high dutch souldiers, that were about this City, have been sent into their winter quarters, in severall parts of this kingdome, chiefly in the Provinces of Ottrante Bari, Principality of Citra, and County of Malisa; A part of them had been commanded into the lands belonging to Count Di Conversane, but upon notice given to our Vice King, that he was still in Armes, with a full resolution to oppose their designes, therefore they have not proceeded any further, but are &illegible; to quarter elsewhere, The Count de Ovilde of the family of the Orsinie, hath been put in prison here, being arrested by a command from Count de &illegible; our Vice King.

From Rone Novenber 9.

The day of All Saints was held in the Colledge of Cardinals wherein the Cardinall de la Cueva said Masse, and the Cardinalls Giustiniars, and Franciotto the two daies following, the Pope not being there none of them dayes, being as yet sick of the &illegible; The Duke de Collepietro, who retired hither from Naples, to avoid the mischiefe which he might have received from the Spanish party there, was killed with severall shoes of fireloks, as he was passing through the place, called Sancta Mariamajor, this was done by the Bandiri, who are quartered within the Vineyard of P. &illegible; whom the Spaniards put in hopes to have the principality of Salerna bestowed upon him, as a gift from his Catholick Maiestie. But the Duke de Matalone, a Neapolitane, who was returning thither in a ship, which attended for him at the mouth of this river, going to imbarke himselfe with his followers; divers tradsmen, unto whom he was indebted, repaired thither, to demand of him their monies, and among others, a Tailot did speak so roughly, that the Duke growing in a passion, gave command to his men to cudgell him, and having so done, to throw him out of the window, which was effected; presently the Duke flieth from thence, and gers into one of the Jesuits houses, where the Governour of this City, seut many Officers to apprehend him, which being not able to do, they have seized upon al his goods, and follow the law so hard against him, that they have arrested most part of his servants, and set a strong guard in his Palace; but yet it is thought that the Prince Ludovisio will easily take up the businesse. The lands of the Duke of Parnia, which are upon the Popes deminions, are put to an outery, by a Decree from the Apostolick Chamber, for the payment of those debts which the Pope pretends due unto him by the said Duke, but as yet none proffer to buy, being fearfull to lose their moneys; in the meane time some forces have been sent towards Castro, as if there were an intent to besiege it, but it is very unlikely, in regard there is already a strong gartison in the Towne, besides 1000. foor, and a Companie of Dragoones the Duke hath lately sent thither for their better security.

From Venice November 11.

The last Letters come from Candia, do certifie us, that the Turks having received some new supplies by a Grecian Commander, did thereupon give a furious assault upon the chief City of that Kingdom, but were repulsed from it with great losse. The 14 of September five hundred of their musquetiers did possesse themselves of one of the breaches of the wall, and from thence they were likewise beaten off, as also in their next storming of the Town, where they were beaten off with the losse of three hundred men; whereupon they being resolved to fall on more sicretly, did fall a storming about the Gate, called de Gicsu; but Generalissimo &illegible; who foresaw their design, had made that place so strong, that the Turks upon their approach were so well received by his men, that they were beaten back as formerly, but with a far greater losse, which put the Army into such a confusion, that immediately they withdrew further off, even two miles from the City, where was their old Quarter, which hath caused great joy to this State; as also the news lately come from Constantinople by the way of Vienn, certifying, that the divisions and differences increase more and more in the Turks Court, between the Spahis and the &illegible; the first reproaching the other with the death of the late great. Turk, and endeavoring to set upon the Throne one of his kindred in stead of Sultan Achmet. Two Galleys are ready to set out from hence to go for Dalmatia with moneys and Ammunition, the better to enable our forces to oppose the Turks, who make inroads as far as Zara. The Generall Foscole, who is Commander in chief in these parts, is gathering our Army together being in all about twelve thousand strong, that so he may send them to their winter quarters, only the Morlakes that intend not to leave the field, &illegible; a new occasion given them by the Turks, that provokes them to seek for revenge, the Turks having lately slain 100 of them in cold blood within their own doors, whereupon they have vowed to be revenged thereof at what condition soever it be. This State, for to help descay the charges they are yearly at by continuance of the Wars, do go on in the railing of the eight hundred thousand Ducloets whereunto the countrey is taxed since within these three years, and moreover have Ordered that a Galleasse be made ready with speed, and two Galleys.

From Milan 12.

The 7 Instant, the Marquis de &illegible; our Governour, returned from Lodi to this City; there are also come hither all the chief Officers of our Army, only two excepted, viz. D. Vincenzo &illegible; zague Generall of the horse, who is &illegible; &illegible; Novo &illegible; Scrivit; and D. Vincenzo Manzuri, Generall of the Artillery, who is gone else where; D. Diego de &illegible; being made Governour of Cremona in his stead. This Governour having sent most part of his horse towards Monteserrat under the command of D. Gioseppe de &illegible; Lieutenant Generall of the Neapolian forces, and of Dom &illegible; &illegible; Commissary Generall of our Armie, and there are to continue untill they receive orders for their winter quarters, upon advice received, that the Imperiall Princesse, who is betrothed to the King of Spaine, and &illegible; future &illegible; was to be in these parts shortly; therefore the Royal Chamber of this City hath named three to go as Deputies, to attend upon our frontiers, for Her Highnesses comming, besides is Citizens, that goe in the name of this Cities; the generall Exchange of prisoners being done, there is returned hither the Lieutenant Generall of the horse Tretty, and Major Generall &illegible; with many others, that are high Officers.

Turin 21. Dito.

The 14 instant D. Charles Roncal, chief commander of the garrison at Mortars, was drawn, hanged, and quartered, for that he had endeavoured to betray the place, by holding intelligence with the Enemy, which was discovered by his own Lieutenant, who was his chief accoser, and avowed that he would have made him a chief Agent in the businesse; the Inhabitants of that place likewise pressing very hard against him to take away his life; and one of them to shew his thankfulnesse unto God for the same, hath bestowed a gift upon our great Church, esteemed to be worth 1100 Ducatons: This businesse was carryed on with such eagernesse, that during his imprisonment his own Father, though a Knight of S. Mars, was not permitted to visit &illegible; The Spaniards after they had plundered many places in Plemont, are gone over &illegible; at &illegible; and so from thence to Olegio where they are to receive their pay, and after that go to their winter quarters. The 18 came hither Marshall du Flesses, with many of his Officers, and that same evening went to our Pallace, to salute the Duke and the Dutchesse his mother. The French forces come lately from Cremona, are yet remaining in the Valley of Bennio, where they do expect the four Regiments of horse that come from France under the command of Mr. du Choupts and Bougi, Fieldmarshals, who are commanded to go to Gualtleri, and other places, belonging to the Duke of Parma, for their better accommodation; and being certified that the Spaniard intended to invade the County of &illegible; therefore the Duke hath sent with all speed D. Emmanuel of Savoy, with 2000 men to oppose them, and have an eye unto their match, and so prevent the execution of their designes.

From Vienna November 6.

The 3. instant the Count of Nassaw, one of the Plenipotentiaries of the Emperor, for the general Peace, arrived here, and brought with him those happy tidings of the conclusion of a general Peace in Germany, so long wished for, during 30 years, that the Wars, like a cruell wilde beast, hath almost devoured that so florishing countrey; this news being spread over the City, caused no ordinary joy in the hearts of all the people and every one, from the highest to the lowest, did make Demonstration thereof to their uttermost. The Count Trautmansdorf did send for him in his Coach, and being come, did entertain him with all Honours and Favours as could be wished or expected. There are here great preparations for dayes of mirth and rejoycing that are to be kept here very speedily, and that not only for joy and thanksgiving for the generall Peace lately concluded, but also by reason of the marriage that is shortly to be celebrated between the King of Spain and the Emperors daughter; the King of Hungaria, eldest son to the Emperor, being appointed on that day of the Nuptials, to represent his Catholick Majesty, and two dayes after she is to be conducted into &illegible; his Imperiall Majesty having given her 24 of his Gardes and six of his Pages.

From &illegible; Novemb. 13.

Since the suspension of Arms hath been published in this City, there hath been brought hither &illegible; Pieces of Ordnance, and some part of the Train belonging: to the Imperiall and Bavarian Armies, the first of these having their head-quarters at &illegible; a league from Chamb, and the other at Roding neer the River of Regen. The French Army have their head-quarter at Rotemberg, upon the River Tauber, and the Swedish Army at Furth, but yet it is said that the Marshall of Turenne with his Army is going to &illegible; in the Dutchie of Wittemberg, and Generall Wrangel into Misnia toward &illegible;

From Antwerp Novemb. 28.

The Zealanders having given a free passage by the Escaule, many ships are come in to us, paying only the old duties, and ancient customs, as formerly they have done; by means whereof, those of Amsterdam are in election to loose some of their Trade, there being not at present such a great number of shipping that resorts thither as in times past, during the time of the Wars. The Archduke Leopold is still at Brussels, where he hath continued some weeks past.

From Amsterdam the 25. Dito.

This week are come letters from Brasil, which gives us to understand, that our Admirall Wittens, with the Holland Fleet is gone for the river &illegible; where the West-India Company hath intended long since to make an attempt, but till now could not have any fit opportunity; what will be the successe, is dubious, and cannot be able very suddenly to give you an account thereof; this place is of great concernment to the Portugesses, yielding yearly great store of Sugars, and other rich commodities, which are transported from thence in Carvels, and brought to &illegible; it is not like therefore that it could be taken from them, unlesse by an accident it should be surprized, and so to expell from thence the &illegible;

Westminster Novemb. 28.

Captain &illegible; and the rest of the Pirates taken in the &illegible; &illegible; referred to the Admiralty, to be tried as &illegible; The four Northern Counties to have the benefit of the sequestrations of the old Delinquents for their new Delinquencies, to &illegible; &illegible; and pay publike debts, 4000 li for &illegible; forces to be presently paid, &illegible; given for the same, Peter &illegible; Esq. voted Sheriff of &illegible; and &illegible; &illegible; &illegible; of Darby. Col. Temple Ordered 500 li in part of his &illegible; &illegible; of the &illegible; of the Lord &illegible;

Novemb. 29.

Mr. Siedgwick, and Mr. &illegible; thanked for their &illegible; and Mr. &illegible; and Mr &illegible; to preach next fast day before the House: What, before all the House? some &illegible; have a minde to be absent to &illegible; one elsewhere. Col. &illegible; Letter, and a Copy of the Orders from the generall Councell of War, to himself and others, to secure his Majesties person, were read, and a Letter Ordered to be writ to his Excellency, to acquaint him that these Orders to Col. Ewers and others, are contrary to the Orders of Parliament, given to Col. Hamond, and that it is the pleasure of the House that his Excellency recall these Orders, and that Col. Hamond be set at liberty. A modest Letter this day came from his Excellency, desiring the consideration of the Armies Remonstrance, which take at large: Mr. Speaker,

IT is not unknown to you, how, and how long we have waited for some things from you respecting our Remonstrance, & the present condition of the Kingd. but receiving nothing in answer to the one, nor remedy to the other, We do hereby again let you know, That we are so apprehensive of the present juncture of affairs; that through &illegible; of such helps as we might have had from you, we are attending and improving the providence of God, for the gaining of such ends as we have proposed in our aforesaid Remonstrance: We desire you to judge of us as men acted in this by extremity; In which we would yet hope for the conjunction of such helps as any among you, friends to the publike interest, &illegible; &illegible; afford us, I remain,

Your most humble servant.

T. &illegible;

For the Honourable &illegible; &illegible; Esq; Speaker of the
Honourable House of Commons.

This day the debates flew high; some moved that his Excellencies Commission might be taken from him, Others that the Army might be required to retreat 40 miles from London, and the blinde &illegible; moved that the City might be put into a posture of &illegible; but Sheriffe &illegible; answered with a sad dejected &illegible; that there was nothing to be expected from thence: And Prime began to &illegible; Presidents; that &illegible; have &illegible; voted Traytors for disobeying authority of Parliament, but for his &illegible; he would &illegible; say that any were such.

Novemb. 30. The House was divided, whether the &illegible; of the Army should be taken into consideration, and it was resolved in the negative. The Army &illegible; &illegible; for it; &illegible; &illegible; still to provoke them and the Kingdom against &illegible; Or &illegible; &illegible; proceed &illegible; &illegible; &illegible; &illegible; &illegible; Yet the next &illegible; is to refer &illegible; to the &illegible; of the Army to &illegible; the Arrears of the Army. &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; men &illegible; &illegible; from &illegible; The &illegible; day was spent in &illegible; Committee, to consider of &illegible; for the &illegible; Officers. &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; then the &illegible; of the Armies &illegible; Besides, how &illegible; you design &illegible; &illegible; &illegible; They &illegible; &illegible; their &illegible; to the Army, and desire to engage with &illegible; against the &illegible; and &illegible; &illegible; The &illegible; &illegible; &illegible; came forth, to &illegible; &illegible; &illegible; of &illegible; &illegible; to &illegible; &illegible; too &illegible; &illegible; &illegible; is not this very &illegible; &illegible; to give &illegible; &illegible; of &illegible; &illegible; &illegible; &illegible; The &illegible; of &illegible; and &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; and the &illegible; &illegible; and &illegible; which was delivered by &illegible; &illegible; &illegible; to his &illegible; &illegible; as large, it hath &illegible; yet printed.

To the Right Honourable his Excellence the Lord Fairfax, Generall of the Parliaments forces for the Kingdome.

The humble Petition and Addresses of the well Affected in Devon and Cornewall. Together with the Officers and Souldiers of the Brigade, under Command of Sir &illegible; &illegible; Knight; now residing in the Westerne parts.

VVE your Excellencies Servants, not stirred up by any affection, to meddle with matters besides the businesse of our respective Imployments, nor any way favouring distempers amongst our selves, or others, neither covering the vaine glory of being numbred amongst Petitioners, against the evils of the times, nor highly provoked by emulation, from what others our fellow Countreymen and souldiers have done; but singly and faithfully, we come to your Excellency in this Petition, abundantly pressed thereto, from the Conscience and sense we have of the neere approach of Ruine to all honest Parties of the Kingdome, and your selfe and the Army amongst the rest, whereof the present transactions with the King, the late transactions of the &illegible; and of a prevalent party in the houses, are palpable and unhappie evidences to the world, all moulding such a closure of the present differences, as we apprehend, must certainly strengthen all the old corruptions in the former government, and so leave the Kingdome in a more-desperate bondage then yet it ever felt; And farre be it from your Excellencie, and your faithfull servants, to be silent at such a time as this, when all the honest parties of the Kingdome have such deep feares, and heavie thoughts of their, and your approaching &illegible; farre be it from your noblenesse to thinke it, besides your businesse to pitie and plead the Kingdoms cause; We professe the complaints of good men every where pierce our &illegible; and our owne observations of the just reasons of dissatisfaction, constraine us to this great boldnesse with your Excellencie, to petition you, if it were possible, with teares of bloud, seasonably to interpose your selfe in some just and honourable way, that according to the desires of other Petitioners to the Houses, and to your Excellency (an excellent Modell whereof we have before us, in the London Petition, of the 11. of September last) all disputable matters about the late troubles may be made cleare, Iurisdictions legall and just, duly limited, and ascertained against Tyrannicall and arbitrary Power, Liberty and property vindicated, and that Antichristian bloudy tenet of destroying mens lives and estates, for not beleeving as the Church beleeves, utterly abandoned; Amongst all which generalls, we further present your Excellency with a few particulars following, viz. 1. By what evidences and proofes, or upon what Reasons and grounds the King stands acquitted of the charge of the Houses against him, in their late Declaration to the Kingdome. 2. What persons especially what members of either Houses have playd the Traytors, by inviting the &illegible; to invade this Kingdome, or gave them countenance, or incouragement in that perfidious attempt. 3. That the promoters of the first and second warre be brought to Iustice. 4. That the Arrears and debts of the Kingdome be secured and satisfied, and that the publique faith be not made a publique fraud to the Kingdome. 5. That the Court of &illegible; be abolished without exacting satisfaction for the same. 6. That the unconscionable oppression of the Tynners by &illegible; be removed. 7. That the Consciences of men be not cruelly and unconscionably shipwracked. 8. That the cunning device upon the Army for hatefull free quartes, and the Contrivers thereof he discovered, and the Army vindicated from the slander thence raised upon it. 9. That inquisition may be made after the bloud of Colonell &illegible; 10. That the Orders for reducing any of the souldiers may be suspended, untill the Common-wealth be setled, and the enemies thereof brought to Iustice. That these, and the like &illegible; being satisfied and secured to the Kingdome, Your Excellency and your Army may &illegible; from this present imployment in honour, and good Conscience, as faithfully discharging the Armies ingagements to the Kingdome, and not beare the shame and reproach of men, that only acted for hire, and so that base scandall, so much in the &illegible; of your and our treacherous enemies, will not be justified in the hearts of our friends; for the effectuall obtaining of these good things, we shall really adhere to your Excellency to our utmost ability.

Westm. Decemb. 2. L. &illegible; M. Hollis, and M. Pierpoint thanked for their pains in the Treaty. And indeed two of them deserve the houses thanks, though the Kingdoms hatred; and must these thanks be given, because M. Crew took notice of their royal services? M. Hollis (the grand perfidious—of England) reports the transactions of the Treaty since their last Letters, to be prepared and brought in, and likewise a Copy of the Kings Letter to the L. Ormond, touching their proceedings with the rebels in Ireland. The quest. was, whether satisfaction, or not in the Kings Answer to the Propositions shall be now taken into consideration, and it past in the negative, but ordered to be debated to morrow. Did you vote the Kings finall answer &illegible; the last week, and do you now come to put it to the quest. and make a dispute thereof, whether satisfaction or not? When he hath granted no more now, then in his former. A Committee of Common Councell communicated his Excellencies Letter to both houses, of the grounds of the Armies advance, and desiring 40000. li. to be speedily raised for them, upon the credit of the Arrears due unto them. The City was not so civill, when the last traiterous Parl. of Scotland sent a Letter to them, to engage them for the destruction of this Kingdom, to report that to the house, but rather concealed it from them. And in this they tell the Parl. they are come down to waite upon their honourable commands. Though for almost seven years past the Parlia. hath been commanded by them. The Lords tell them they leave it to the City to do therein as they shal think fit. This is Lord like, and like Lords advice; and do not their Lordships deserve a see for it? The Commons Vote hereupon, That the house taking notice of the great Arrears due by the City of Lond. to the Army (as if they never knew, or took notice of them before, though severall times reported from the Committee of the army) do declare, that it is the pleasure of the house (how long both the City (I pray) been subject to your pleasure, or rather you to theirs) that the City do forthwith provide 40000 li (now according to the pleasure of the army) of the Armies Arrears, upon security thereof; And likewise that it be left to the City, either by Committee, Letter, or otherwise to addresse themselves to his Excellency. They likewise voted, that a Letter should be writ to the Gen. (as they call him) upon the present debates to require him not to march near London, which take at large.

May it please your Excellency: The house taking notice by your Letter of the 30 of the last moneth, to the L. Mayor, Aldermen, and Common Councel men of the City of London, and by them communicated to us, that you are upon an immediat advance hither, have commanded me to let you know, that upon mature deliberate judging, that it may be dangerous both to the City and Army (and not to your selves at all) It is their pleasure that you remove not the Army near London (whereby the grand Delinquent of the Kingdom, and you that have invited in, and joyned with a Forraign enemy, to cut our threats, and &illegible; the Kingdom, may not be brought to &illegible; punishment) And to the end the Country may not be burthened with free-quarter, nor the Army want their due support (of both which you have had a negligent care &illegible; many years together) they have commanded me to acquaint you, That they have signified their pleasure to the Lord Mayor, Aldermen, and Common Councell (their &illegible; in iniquity) that they forthwith provide the sum of 40000 li. as part of their Arrears, (though they owe neer 100000 li. arrears &illegible; the 25 of January last, and neer 200000 li. before,) or so much thereof as they can possibly raise at present, and pay the same to the Treasurers at Wars, to be forthwith sent unto you for our Army, which being all I have in Command, I remain your Humble servant,

William Lenthall, Speaker.

Before the receipt of his Letter the Army &illegible; then at Kensington, within two miles of the City of London, the next morning drew up into Hide Park, and about 12 of the clock that day, after a Rendezvoux there, advanced to Westminster, (White Hall being made the head quarters) and the whole Army quartered there, in the Mews, Suffolk house, and elsewhere in Westminster. A little before His Excellencies drawing out of the Park, a Committee of Common Councell &illegible; from the City to congretulate his approach, telling him. The Gates of the City should be open for him, though the next day after, a Troop of horse comming out of Essex, was denied to passe thorow the City to the Head Quarters at White Hall, for which the Lord Mayor and Sheriffs (by whose Order the Gates were &illegible; upon their) may be considered in due time.

Newport in the Isse of VVight Decemb. 2.

SIR,

THis morning about six of the Clock five of us came to his Majesties &illegible; and desired one of his Attendants to acquaint his Majesty with our &illegible; (according to our Orders) to secure his person, which we rather did, because he might not be affrighted; which done, we secured the Town with 40 horse, and two companies of &illegible; which we got over last night from Portsmouth, and once in half an hour his Majesty was &illegible; and soon after secured in Hurst Castle, of which our dear friend, and true Patrior, Col. &illegible; of Willshire is Governor, whose fidelity can never be poysoned as H. was. I am yours, &illegible;

Postscript. There are Attendants upon his Majesty in Hurst Castle, Capt. Mildmay Capt. Joymer, Capt. Weston, Mr. Herbert, Mr. Cutchside, Mr. Reading, Mr. Harrington, Mr. &illegible; Mr. Leven Page of the Presence. This day his Excellency caused this ensuing Proclamation to be made at the head of every Regiment, viz.

These are to require all Officers and Souldiers of Horse and foot, who shall quarter in and about the City of London, and Suburbs thereof. That they behave, and &illegible; themselves civilly, and peaceably towards all sorts of people, not giving any just cause of offence, or provocation by Language, or otherwise, upon paine of such severe punishment, &illegible; Court Martiall shall be thought meet, and not doe any unlawfull violence to the &illegible; or goods of any, either in their Quarters, or elsewhere, upon paine of death. And for the more due execution hereof, all Commanders and Officers are hereby required, not to be absent from their severall and distinct charges, without leave first had in writing from &illegible; superious, upon &illegible; of such punishment, as that party injured shall sustain, and such &illegible; ceasure as to justice shall be thought sit. Given under my hand Decem. 1. 1648. &illegible; &illegible;

To be proclaimed by sound of Trompet, or beat of Drum at the head of the Regiment.

Pontefract the 2 of December. The Lieut. Gen. being gone to London, Maj. &illegible; &illegible; is appointed to come in chief to this Leaguer. The Line is drawn 3 parts about the Castle, and we are now raising works for Batteries; and though the enemy are &illegible; that they dare not stirre forth, yet are very active both with great & small shot, and sometimes do us hurt; they have very few or no horse in the Castle, except for their necessary uses, &illegible; some of their men daily come from them; they are yet about 300 in the Castle, &illegible; &illegible; others; the souldiers are very poorely clad, and cannot be induced to make a salley, divers of them as they say are fallen sick, at least 60. at this time; they have plenty of all sorts of provisions for a &illegible; and if nothing else hinder, they will not be starved in 12 moneths. The cruelties of &illegible; the Governour of this Castle to our prisoners, are not to be &illegible; all of them that either have escaped, or been released &illegible; lamentable complaints of him. We much rejoycee in your Remonstrances, but all our feare is that the Army will do nothing considerable upon it; which feare lies upon many honest spirits, who cannot joyne affectionately with us, till they see justice be done indeed upon the grand Delinquent, and his consederates in Parliament and City; without speedy execution of whom, we never expect peace or blessing to the Nation.

Decemb. 5 &illegible; house sate very &illegible; debating whether the Concessions of his Major to the Propositions were satisfactory, or not; at ten at night they had not decided the question &illegible; would think this labour might be saved. A proclamation this day made by beat of Drum and sound of Trumpet, requiring all in the latter and former Wars (having not perfected their Compositions) to depart the late Line, ten miles distant for a moneth or &illegible; to be &illegible; against as prisoners of War.

FINIS.

The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.

WE finde in History, That the next in succession to the Crown, by Propinquity of blood, have oftentimes been put back by the Common wealth, and others farther off admitted in their places, even in those Kingdoms where succession prevaileth: for proof whereof, I shall begin with &illegible; a true and lawfull King over the Jews, and consequently had all Kingly Priviledges, benefits and Prerogatives belonging to that degree, yet after his death we finde God suffered not any one of his generation to succeed him, though he left behinde him many children, and among others, Isboseth, a Prince of forty years of age, 2 Kings 2. 21. whom Abner, the generall Captain of that nation, with eleven Tribes, followed for a time as their lawfull King by succession, untill God checked them for it, and induced them to reject him; though heir apparent by descent, and to cleave to David newly elected King, who was a stranger by birth, and no kin at all to the King deceased: And David being placed in the Crown by election, free consent, and Admission of the people of Israel, and no man, I think, will deny but that he had given unto him therewith all Kingly Priviledges, Preheminencies and Regalities, even in the highest degree; and though God did assure him that his seed should raign after him, yea, and that forever; yet we do not finde this to be performed to any of his elder sons, (as by order of inccession it should seem to appertain) no, nor to any of their off-springs, or descents, but only to Solomon, which was his yonger, and tenth son, and the fourth only by &illegible;

What can give more evident proof hereof, then that which ensued afterwards to Prince Robosm, the lawfull son and heir to King Solomon, who, after his fathers death, coming to Sichem where all the people of Israel were gathered together, for his Coronation, according, to his right by succession, 3 Kings 12. And because he refused to take away some heavy impositions laid upon them by his father Solomon, Ten Tribes of the twelve refused to admit him their King 3 Kings 11, but chose rather one &illegible; Roboams servant, that was a meer stranger, and of poor parentage, and made him their lawfull King, and God allowed thereof, as the Scripture in expresse words doth testifie. I shall not mention any example of forraign nations, being without number, but give you some of our own, having had as great variety in Changes, and diversity of Races of their Kings as any one Realm in the world: for first, after Brittains, it had Romans for their Governors for many years; after that, they had Kings again of their own, as appeareth by that valiant King Auretius Ambrosim who resisted so manfully the Saxons; after this they had Kings of the Saxon and English blood, and then of the Danes, then of the Normans, and after them again of the French, and last of all it seemeth to have returned to the Brittains again in King Henry the seventh, King &illegible; King of the West Saxons, and almost of all the rest of England, who was the first Monarch of the Saxons blood, was had in jealosie by King Briticus, (who was the sixteenth King from &illegible;) and for that he suspected Edgebert for his great Prowesse, be banisht him into France, and after that King Briticus was dead, he returned into England, and was then chosen King by the people, though he was not next in propinquity of blood royal.

This King Edgebert, (or Edgebrick as others write him) left a lawfull son behinde him, named &illegible; or Edolph, Anno 829. who succeeded him, having four lawfull sons, and because one of them (Alfred) was esteemed more valiant then the other &illegible; he was preferred to the Crown before them (though the yongest of them all,) and was Crowned at the Town of Kingston.

This man dying without issue, his lawfull brother Edmund put back before, was admitted to the Crown, and left two lawfull sons, but yet because they were young, they were both put back by the Realm, and their uncle Eldred preferred before them.

King Iohn was after the death of his brother crowned by the States of England, and Arthur Duke of Boktaine, son and heir to Ieffery, that was eldest brother to Iohn, was against the order of succession excluded.

Some years after when the Barons and States of England misliked utterly the government and proceedings of this King Iohn, they rejected him, and chose &illegible; the Prince of France to be their King.

Moreover from King H. 3. do take their first beginning York and Lancaster, into which, if we would enter, we should see plainly, as before hath been noted, that the best of all their Titles after their Deposition of K. R. 2. depended of this Authority of the Commonwealth, for that as the people were affected, and the greater part prevailed, their titles were allowed, confirmed, altered, or disanulled by Parliament.

A Declaration of his Excellency the Lord general Fairfax, concerning the supply of Bedding required from the City of London, for the lodging of the Army in void houses, to prevent the Quartering of Souldiers upon any the Inhabitants. Proclamation.

VPon the drawing up of the Army to this place, for the better avoiding the trouble and inconaeniencies to the City and Suburbs of LONDON, or the Inhabitants thereof, which might happen by the quartering of Souldiers in private mens houses, it was the desiro and Resolution of my self, and my Officers, to lodg. the Souldiers in great and void houses; and to the end they might be accommodated for that purpose, (in regard, that at this season Souldiers cannot hold out to lodge continually upon bare floors,) I writ to the Lord Major, Aldermen, and Common Councel of the City of LONDON, desiring they would take some course for a speedy supply of Bedding for the Souldiery: but instead of any satisfaction therein, after some delay, I have received only an excusatory Answer.

The Souldiers and most of the Officers having &illegible; now almost a week upon cold floors, and health not permitting them to endure such hardship for continuance, out of the same tender care, to avoid trouble or inconvenience to the inhabitants, or any discontents or differences which might arise between them and the Souldiers, by the quartering of them in private houses, I have (with the advice of a Councel of War) thought fit to require a necessary supply of Bedding, by Warrants directed immediatly to the respective Aldermen of the severall Wards, the Copy whereof is herewith printed and published; and (with the same advice) I do hereby further declare, That in case any failer shall be in the bringing in by the time limited, such proportions of Bedding, as, according to the said Warrants, are charged upon the severall Wards, and shall be apportioned upon the several Divisions and Inhabitants of the same, I shall be necessitated to send Souldiers, either to fetch such proportions of Bedding from them that fail, or else to quarter with them, and must take such course against either those Aldermen, and other Officers in the City, who shall neglect to rate and bring in the proportions required from their respective Wards and Divisions or against those Inhabitants who shall refuse to supply the proportions rated upon them, as shall be fit to use towards such obstinate opposers of that orderly supply, which is so necessary for the case and quiet of the City, and for the subsistance of the Army.

Given under my Hand and Seal, at my Quarter in Westminster, the eighth of December, 1648.

The Copy of the Warrant.

WHereas, for the avoyding of the inconveniencies of Quartering Souldiers upon private mens houses, it is intended and desired, that the Army shall be lodged in great and voyd houses, while it shall continue in, or about the City of LONDON, to the end therefore the Soldiery may be accommodated to lodge in such houses, which at this season of the year, without convenient Bedding, they cannot bear; These are therefore to will and require you, that upon receipt hereof you do forthwith cause the proportion of hundred and Feather Beds, or Flock Beds, with one Bolster, one pair of coarse Sheets, and two Blankets, or one Blanket, and one Coverlet for each Bad, sufficient for the lodging of two men in a Bed, to be equally apportioned upon the several Divisions within your Ward, and upon the several Houshoulders that are of ability to furnish the same within the said several Divisions; and the said Beds, with the appurtenances aforesaid to be brought to by Saturday next at noon, being the Ninth of this instant December, and there to be delivered unto the hands and custody of for the supply of the Regiment under the Command of Colonel and the said is to give receipt or receipts under his hand for what Bedding he shall receive, thereupon expressing from what Ward or Divsions the same do come in, and upon the removall of the Army, or the said Regiment, from about the City, such Bedding shall be restored to the respective Inhabitants, Divisions or Wards from which it was had; and there shall be care taken to prevent, as much as may be, any spoil or imbezlement thereof; and in case, after such delivery, any part thereof shall be lost or spoiled, so as to be made useless, reasonable satisfaction shall be given or assigned for the same, out of the Treasury of the Army. And you are on the same day by eight of the Clock in the morning to return to my self, or my Secretary, in writing under your hand, an Account of your proceeding upon this Warrant, with a lift of the proportions charged upon the several Divisions of your Ward, and upon the several Housholders in each Division, that if any failer be, it may be known where it rests. Hereof you are not to fail, as you will answer the contrary at your peril: and this shall be your Warrant.

Given under my Hand and Seal, at my Quarter in Westminster, the seventh day of December, 1648.

To the Alderman of
the Word of

Warsovla November 4.

The 30. of the last, the Embassadour for the Prince of Transilvania had audience of the generall assembly, who are met about the Election of a new King, and there he highly recommended the Prince &illegible; and in case they were not pleased to chuse him, they would looke upon the said Prince of Transilvania, in whose name he made many great proffers. Yesterday those of Prince &illegible; had also Audience, which was not much favourable unto them, by reason that those who are here called Nuntioes, made so great an uproare, that the Bishop of Kionia, who made a faire speech, with many large proffers also in the behalfe of that P. for whom he demanded the Crowne, could in no waies be heard: but even at that Instant, there were many that returned him thankes, but in such a way, that all those of his party, might easily perceive he would hardly obtaine his pretentions. After their departure, the Duke of &illegible; who came hither the same day, made his report unto the Assembly, concerning the present state of affairs in &illegible; from whence he came lately, and also represented the present condition of the Army of &illegible; who are now above 200000 stronge, in the meane time the Palatine de Cava was gone to bring in the French Embassadours, who came in with a traine of neare a 100 followers, and having delivered their Letters of credence, which were read by the Palatine of &illegible; who is well versed in the French tongue, and after he had made the relation of them in the Popish Language, the Viscount of Arpajou, who was to make a speech, did do it elegantly, in the Latine tongue, wherein he began to extell the Poland Nation, and then did proceed in the &illegible; of the two Princes, who pretend to the Crowne, and at last did demand it for the Prince &illegible; all the Assembly hearing him with greate attention, the Archbishop of Guesner, with the Marshall of the &illegible; did give him thankes, and so he departed from the assembly, being conducted out of the Circle, with severall Officers, even as he was broght in. This day was to be the election, but by reason that many I had brought great multitudes of souldiers, so that the Countries adjacent were full of them, it is thought the businesse will be put off till Sunday next, the eight of this Instant.

&illegible; the 8 of November.

The affaires of Poland are still in a sad condition, the &illegible; and Tartars wasting & spolling the Country whereever they become Masters yet the City of &illegible; not been assaulted, as it had been reported, there being onely parties that have made inroades, even to their very gates. The Poland forces, who are to have a Rendezvous about &illegible; to whom the Count &illegible; is to joyne 1800 high Dutch souldiers, and those forces begin to vexe the enemy, having lately slaine 400 of them in an Encounter they had together, and it is verily beleeved, that in case the resolutions, and orders made in the Assembly, are well followed, and put in execution, the Poland Army will be able to oppose the Gosackes rebelled, whose Army is mighty and numerous, but yet is composed of souldiers ill disciplined, and most of them without armes. The Prince Dominick, who was commander in chief of the Poland forces, when he had that great overthrow given him by the Cosackes, is gone to Warsovia to cleare himselfe of the blame imputed unto him, for his going away during the fight.

From &illegible; the 14 of November.

The 12 instant came to this City the Secretary, who had been dispatched from Munster by the Plenipotentaries of Sweden, and brought with him the &illegible; Pacis, who was immediately confirmed by the Ministers of this Court, and in presence of her Maiestie of Sweden, who did demonstrate to be much pleased therewith, and presently gave command the &illegible; &illegible; should be sung after the manner of the Country, and after a full ratification is made, it is to be sent with all speed by the same Secretarie.

From Naples the 11 of November.

The Count of Conversano, not being willing to trust unto the faire promises of the Spaniards, imade unto him, by the Count de &illegible; our Vice King, who did use all endeavours to make him come againe to this City, or if not, to make him lay downe his armes, or else at last to declare what intention he hath, in keeping the field, hath in fine made appear by taking the strong hold of Brandisie, one of the most considerable places in la &illegible; having a good harbour near that of &illegible; whereof news being come to this City, our Viceking hath Ordered 1000 high Dutch souldier to be sent thither with all speed, but it is not thought they can prevaile much against him, by reason he is great and powerfull in those parts, all the Country being totally devoted to him. This week six vessells have been sent to Manfredonia and Baretta, to bring from thence, as it is said 1000 quarters of Corne to be conveyed to this City, for to supply our great wants: Our Viceking hath caused a Proclamation to be made through this City, that all those that have any salt in their houses, come to declare it within ten daies, that so it may be brought into the Kings store houses, and there to receive the value of it, upon of consiscation of their salt, if they refuse, and of a fine, as he shall see cause. There is a report of a voluntary Taxe to be made in this City, for the defraying the charges they must be at, when the Queen of Spaine is to passe through this City, in her journey from Germany to Spaine; it is thought that this Imposition will amount at least unto two millions of Crownes, besides, many rich presents are to be given her Maiestie, in the name of all the chief Townes of this Kingdome; in the meant time two Companies of Spanish souldiers lately come backe from Capoua, are here come to our Arsenall, and here is daily Expected Don Iuand’ Austria with the Navie, who is yet in Scicilia; we heare from thence that Cardinall Trivultio is gone from Messina, into Sardinia, where he is to be also Viceking, as he hath been in Scicilia. The Counsell of Spaine not holding fit to let him be long so neare the Dukedome of Milan, which is his owne Country, the reasons whereof are not yet made publique.

Rome the 16 of November.

The Pope is still sick of the gout, and therefore is forced to keepe his Chamber, neverthelesse the 11. instant he gave Audience, in Extraondinary unto the Marques Fontensy Mareuil, Embassadour for France, who with him admitted the Count &illegible; Field Marshall of the French Armies in these parts, to kisse the Popes feet: The 13 the Cardinal Albornoz, who doth here supply the place of a Spanish Embossadour had also had Audience from the Pope, to whom he declared how the King of Spaine hath invested Prince Ludovisio, with the Principalatie of Salerna, having received order from his Majesty, to depose it in to his hands; assuring him that his Catholick Majesty had onely done it in respect to his Holinesse, who did returne thanks thereupon, but the Pope hearing that the Duke of Maraline who was in the Convent of Arocely had made an escape with the assistance of the said Prince Ludovisio, notwithstanding the expresse orders of his bolinesse to the Magistrate of this Citie, for the apprehending of the said Duke where they could finde him, yea, although it were in a Church; thereupon the Pope was very swrath with the said Prince, and having sent an Order for his comming before him, did declare his high displeasure at the matter, not only for his making way for the escape of the Duke, but besides; for aiding him to transport his goods from &illegible; Vecchia; all his servants are still close prisoners, although it is hoped they will shortly be set free some way or other: Prince Ludovisia being glad to oblige the said Duke by such favours, that so in a requitall, he may help him for the quiet injoying of his new Principality of Salerna, which is in the Kingdom of Ngles, where the Duke hath great power. We hear from Fermo, that Sir &illegible; Con. Gen. sent thither to inform about the murder committed some manner past upon Mr. Visconti, Governor of that Town, and in prosecution thereof, Mr. Varce &illegible; hath been beheaded 7 tradesmen hanged, and some others lesse guilty, only whipped, yet banished for certain years to Civita Vecchia; others that he findes lesse guilty, he hath condemned to the Gallies; many Gentlemen who have absented themselves, are condemned to die for their not appearing, and their pictures hanged publikely, their houses rased to the ground, and all their goods confiscated.

From Milan 19 of November.

The French forces are not quite gone from Cremona, as it was beleeved, there remaining yet in the Castle of Pomponesco, 150 foot souldiers, and one hundred horse, to preserve that post on this side Po, and from thence they make &illegible; in all the neighbouring Country, which hath forced the Marquis of Caracene, our Governor to use his best endeavour to drive them from thence, before they get to a greater strength. The forces of this Dutchie, who had advanced towards Montforrat, under the Command of D. Giosopto de Valesco, and D. Diego &illegible; after they had remained there some short time, and were strengthened by a supply, brought by D. Vincenzo Gonzague Generall of the horse, have received some losse at the passe de la Dom Balthica, being charged by the guards of the Duke and Duchosses of Savoy, in which encounter, many &illegible; our side were slaine on the place, and a great number taken prisoners, although it was said here; that only the Commssarie Generall had his companie cut off. The 12 instant the generall Counsell of the 60 Decurions of this City did make choice of twelve of &illegible; to go meet the Queen of Spaine, at her first entring into this State. The 13 the Marquis Cato Gallatari, Proveditor Generall of our Army, came &illegible; from Parma, where he was sent by our Governour to negotiate with his Highnesse. Our Governour hath lately received letters patents from Spaine, for the settling of the Government of that Province upon him, with a promise to be speedily relieved with men and money: His Catholick Maiestie doth put him in hopes to aid him with 2000. men for the next spring, besides other forces that are to be raised in the Kingdome of Naples.

Venice Novemb. 20.

The last letters from Constantinople, advise us, that the last report concerning the troubles in that City, or in those Dominions, are not true, for the difference between the Spahis, and the Ianissaries is well allaid, and on the contrary they are in a great quietnesse: it is true there were disorders in some parts of the Turkish Empire at the Coronation of the new Emperour, but these troubles have not produced such effects as was expected, and that the Divan (which is the great Counsel) is totally bent to prosecute the warre against this State, and therefore are makeing great preparations, both by sea and land, for the next spring; to that end is much conducing those 15000 Polanders carried to Constantinople for slaves, by meanes whereof, they will be able to set out their Gallyes, and that to the great disadvantage of this State, and by consequence, of all Christendome. This State in the mean time will be in great want of men, for supplying of their Navy, and chiefly for the 10 Gallyes that are suddenly to be made ready for the strengthning of our Navy, which neverthelesse is in a very good condition, by the extraordinary care of our Generals, as also by reason that the new Impositions, laid for maintenance of the Warre, are punctually paid, there being none but is willing to contribute towards the maintenance of a war, so just and so necessary, which this State hath maintained for above 4 years past, although they are to deale with so potent and mighty an adversary, who doth use all meanes possible for the taking of Candia, where he hath held a siege this many moneths, but notwithstanding all their plots, we hope this State will be able to hold our yet a long time, through the extraordinary &illegible; and vigilancie of the Generalissimo Moccenigno, and the Gen. Lippemano, Giacomo Barbaro, and Giles de Has, who now hold some correspondencie, and have more friendship together then formerly, the differences being accommodated between the two last, which was only about precedency. The Galley called La Valiere is lately gone from hence to go to Zara in Dalmatia, to carry 120000 Ryals of plato, with some other moneys for the payment of our souldiery, the better to hearten them for the design that our Generalissimo hath upon Castel-Novo in Albania, a place seated near the point of the Channel of Cattaro, which doth hinder our vessels going into the said Cattaro, Peracto, and other places belonging to this State, who hath now sent 40000 Duckets towards the charges which the Governor of Terra Pirma must be at for the reception of the Queen of Spain in her passage thorow those parts.

His Excellencies Letter to the Right Honourable, The Lord Major of the City of London.

My Lord,

I Have given order to Col. Dean, and some others, to seize the Treasuries in Goldsmiths-Hall, and Weavers-Hall, that by the said Moneys I may be inabled to pay quatters whist we lie hereabouts; having also ordered Receipts and Assurance to be given to the Treasurers of the said moneys, that they should be fully reimburst for the said sums, out of the Assessments of the City due to the Army, and out of other Assessments thereunto belonging; and indeed, although I am unwilling to take these strict courses, yet having sent so often to you for the said Arrears, and desired sums of money to be advanced by you, far short of the sums due from you, yet I have been delayed and denied, to the hazard of the Army, and the prejudice of others in the Suburbs, upon whom they are quartered; wherefore I thought sit to send to seize the said Treasuries, and to send some forces into the City to quarter there, untill I may be satisfied the Arrears due unto the Army: and if this seem strange unto you, ’tis no less then that our Forces have been ordered to do by the Parliament, in the severall Counties of the Kingdom where assessments have not been paid, and there to continue until they have been paid: And here give me leave to tell you, the Counties of the Kingdom have born free-quarter, and that in a great measure, for want of paying your Arrears equally with them; wherefore these ways, if they dislike you, yet they are meerly long of your selves, and are of as great regret to me and to the Army, as to your selves, we wishing not only the good and prosperity of your City, but that things may be so carried towards you, as may give you no cause of jealousie: I thought fit to let you know, That if you shall take a speedy course to supply us with 40000 l. forthwith, according to my former Desire, and provide speedily what also is in Arrear, I shall not only cause the moneys in the Treasuries to be not made use of, but leave them to be disposed of as of right they might, and also cause my Forces to be withdrawn from being in any sort troublesom or chargeable to the City; And let the wurld judge whether this be not just and equal dealing with you.

I rest, My Lord,                    
Your affectionate Servant,

T. Fahfax.

His Excellencies Order for the seizing the publike Treasuries of Goldsmiths, Weavers, and Haberdashers-Hall.

WHereas the Arrears of the City to the Army being near an hundred thousand pounds, and upon the security of them, there being but forty thousand demanded by us to be advanced by the Lord Major, Aldermen and Common-Councel, for the present supply of the Army, yet the same hath been now for a week delayed, and at last refused: And whereas, to avoid the Grievance of Free quarter, and inconveniency of quartering Souldiers at private mens houses, the Forces in the Suburbs having for the week past been kept in void houses, Inns, and the like, without trouble to private Families, or Free-quartering to any; and that the extreame necessity of the Forces before Pontefract may be supplied, you, or any one, or more of you are hereby required, with the assistance of such Forces as shall be needfull, to wrath into the City of London, and there to seize upon all such sums of money as you shall finde in the publique Treasury at Goldsmiths-Hall, Haberdashers-Hall, and Weavers-Hall, or in any of them, giving to the Keepers of the said Treasuries respectively, Receipts under your, or one of your hands for the sums, or number and proportion of bags so seised; all which sums you, or any one of you are to cause forthwith to be conveyed into blackstyers, there to be disposed of for the end aforesaid, as shall be further directed by his Excellency the Lord Generall; and you are to acquaint the Treasurers, or keepers of the said Treasuries, That they repairing tomorrow or on munday next to the Head-quarters, shall have assurance of their payment of the respective sums so seized, out of the Arrears of the City, or the Assessments of the Army. By the appointment of his Excellency and the General Councel.

John Rushworth Sec.

December 5.

The Commons Debate the Kings Concessions, the question about four the next morning, was thus stated, whether the said Concections were a sufficient Basis, or foundation for the &illegible; Government of this Kingdom, which was carried in the Affirmative. And why must not the question be put, whether satisfactory, or unsatisfactory, according to three severall preceding Orders for that purpose, but that his Majesties friends dispained so to carry it, arguing the night before at their close Committee, that the foundation of their design was destroyed, if the question was not thus altered, and carried? Mr. Prin made a learned sample Speech, three hours long setting forth his sufferings by his Majesty, (who had taken all but his ears from him) and therefore it could not be expected that he should speak affectionately for him, but only according to his judgement; and indeed he needed not to have been so tedious herein, for he well knew his Majesties friends were the major part then present, and resolv’d to carry it, right or wrong, whether he had spoken sense, or non-sense. One of his Majesties neighbors in the Isle of Wight, who long since swallowed the Royal poysoned Bait, spake half an hour together in compliance with his brother Prin, though to as little purpose, and lesse need. This thus carried proves only an introduction to a second Vote viz. That the Armies taking away his Majesties person from Carisbrook to Harst Castle, was without the privity and consent of the Parliament: And this Vote they would passe in a Bravado, though the Army was at White Hall; including thereby no lesse then Treason in the Army for so doing, on purpose to lay a foundation for a new war, which was speedily intended against this Army; for better effecting whereof, another of his Majesties most subtile friends in the house (who was lately touched at Newport) moved for an Adjournment, which if his brethren could have apprehended, (but God would not suffer) might have spoke fair for another ingagement, and more bloody war then yet happened to this Nation. The Army thus wounded with new Treason by old Traytors, a salve, is prepared, and a healing plaister spread upon a third Vote, viz. That a Committee shall be appointed to Treat with his Excellency and the Army, to hold a fair correspondency between them, (as if the Army could not apprehend this Sate-Treason) or the sowl correspondencie intended between Royall Traytors, and English Levellers. This nights work obstructs the near dayes sitting, so that their worships meet not till Wednesday following.

Dece. 6. The Army received a Delatory, or Negative answer from the City of London, as to the advance of 40000 l. formerly desired, and more lately promised, which inforces the &illegible; Councell of the Army to move his Excellency to give Orders to some Regiments to Quarter in the City, till their Arrears be paid.

The Basis of a new warre thus laid, and a two yeares &illegible; intended the next day to be concluded, the Army thus wounded for securing his Maiesty, and their Remonstrance waved, by their first Vote the King cleared, and this &illegible; Message from the City, grounded upon the whole, &illegible; the Army upon much necessity, and no lesse Iustice to secure some of his Maiesties &illegible; friends, and (Kingdomes enemies) in Parliament, against some of whom they had already preferred a Change and against the rest, another intended the next day. This put in &illegible; and &illegible; 40. Members apprehended the next day, viz. Sir Robert Harlow, Col. &illegible; Sir Will. &illegible; Sir Wolter Earl, Sir Samuel Luke, Sir Richard &illegible; Sir Iohn &illegible; Sir Morals Lyster, Lord &illegible; Mr. Knightly, Sir Gilbert &illegible; Sir Benjamin &illegible; Mr. &illegible; &illegible; Mr. &illegible; Mr. Crew, Mr. Edward &illegible; Mr. &illegible; &illegible; &illegible; Mr. &illegible; Maior Gen. Massey, Mr. Walker, Sir Robert Pye, Mr. Henry Pelham, Col. Leigh Sir Anthony Iohn, Sir The &illegible; &illegible; &illegible; Master &illegible; Master &illegible; Master &illegible; &illegible; &illegible; Mr. Bowton, M. Pryn, Mr. &illegible; Sir Symon Dewes, Sir William &illegible; Sir &illegible; &illegible; Col. William &illegible; Commissary Copely, Master &illegible; Colonel Nath. Finee. The House orders the said Members to attend their service, which the Officer of the Guard denyed, answering he had orders to secure them, and till those orders were recalld from his Excellency, or his superiors Officers, he could not discharge them. The report of this Answer puts the house upon adding some Members to the former. Committee, for good correspondencie, and vote any three of the Quorum. The Army by this time sends Commissioners downe to the Parliament, to acquaint them they had something to present unto them of great concernment, to which the House returned Answer they were ready to receive it, and would sit in expectation thereof some time; soon after severall Officers of the Army come to the house with the said Message, Colonell Whaley acquainted them, he, and the rest of the Gent. with him were commanded by his Excellency, and the Generall Counsell of the Army, to present to the present view, and consideration of that House, their desires and Proposals, which puts the House upon this Debate, viz. whether the said Proposals and desires of the Army should be considered of, before restitution of their Members and carried, that the Committee formerly appointed for good correspondency, should have power to treate with his Excellency, and the Army, concerning the discharge of their Members, before consideration thereof (wel-knowing that with their assistance they had been then able to have voted the Army Traytors the next day in plaine English, and carried it for two yeares adiournment) and consequently laid foundation for a new warre, and slighted the Remonstrance of the Army (in opposition to which they had but the day before voted the Kings Concessions to be sufficient grounds for a future government to this Nation) And could they finde no darker pretence to deceive the people with then this? for if his concessions be a sufficient ground for a future Government; do you not then vote them satisfactory, and is not the Kings negative voice hereby maintained in any one concession? and the grand Delinquent of the Kingdom excused from Iustice, contrary to the desire and Petition of all the well affected in the Kingdome, (which is the Kingdome) The Arbytrary power of the House of Lords maintained (as a third Party in making a Law) and the King made equall in power with the whole Kingdome, by writing Le Roy, Le veult, which his Predecessors formerly goe, and he now forfeited by Conquest.

Decemb. 7. Lieut. Gen. Cromwell coming into the House, they gave him formal thanks for his good services to this Kingdome, nay, and Scotland too, for beating their dear Trayterous brethren, with whom they and the City were, and yet are in Covenant. They Vote Serjeant Erle, and the Sheriff of Norwich to go down to execute the Commission of Oyer and Terminer. The Proposals and desires of the Army come by this time into Debate, and the question is, Whether they should be taken into consideration or not on Saturday next, which is carried in the Affirmative, and because the businesse is of great importance, a day must be set aside for humbling their souls for all their former miscarriages, and for seeking direction from heaven therein, and therefore Ordered Mr. Marshall, Mr. Carill, and Mr. Peters to Preach and pray all day before them in the House of Commons; as the forty secured Members had the night before in Hell it self, where they induced some torment for want of accommodation, these being not hedding sufficient for them, which made some of them the next day to wear Cape, the people much pitying their hardship, but neither the people, nor they, the poor souldiers, who indeed deserve it; but being the next day removed to the Kings-Head, they where well satisfied, and much rejoyced to suffer for it, and with it; and by importunity of their wives, some of them are at liberty upon Paroll, only Sir Harbottle Grimstone ran away, and afterwards sent notice to the Generall by Letter where he was, and the ground of his escape.

Decemb. 8. The house &illegible; and prayed till four in the afternoon, and then adjourned till Tuesday next, the Lords having adjourned to the same time; and the rather, its thought, because their Lordships were much frighted at these proceedings, fearing their conditions equall with the secured Members (because as guilty) but it seems the Army scorned to take notice of them, though one of their Officers did not of some of their prisoners (six Countrymen, who had been long secured by their Lordships, for yielding obedience to an order of the house of Commons) whom he rescued from their fury, as being free Commoners of England, and therefore not in the arbytrarie power of that illegall house of Peers.

The City failing, and absolutely denying to advance the 40000. li. promised, three Regiments of horse and foot advance in for quarters, making their main guard in Pauls Church, and since quartered in Pater noster Row, Cheapside, Lumbard-street, and all the heart of the City. Orders are given to seise all money in the Treasuries in Weavers, Goldsmiths, and Haberdashers Hals, for the present support of the Army, and to give receipts to the Treasurers for the same, ordering repayment thereof out of the Arrears of the City, when paid. Twenty eight thousand pounds was seised at Weavers Hall, and no treasure found elsewhere; But the Excise was not to be medled with, as appears by his Excellencies Letter ensuing, viz.

Gentlemen.WHereas upon this present eighth of Decemb. a party of horse and foot came to the Excise Office in Broadstreet, which perhaps will occasion some to thinke the Army came thither with a purpose to interrupt any more levying of the Excise. These are to assure them, that the said forces came thither by a mistake, and that there was not any intentions to give interruption unto the due levying of the Excise, or to seise upon any money in Cash, and that you may proceed as formerly, according to those Ordinances and Orders of Parliament, which you have received concerning the same, and that no molestation or hinderance shall be given by the Army, I remain,

Your very assured friend.

Fairfax.

For my worthy friends, the Commissioners of the Excise, and new Impost.

Decemb. 9. The Common Counsell send Commissioners to treat with his Excellency upon new Instructions, which take at large, with his Excellencies, answer.

1. To propound to his Excellency. That the City for their security of the 40000. l. desired, may have all the Arrears upon any Assessements made for this Army within London, and liberties thereof, which did grow due to he paid before the 25 of March last, freed from all engagements. 2. And of those Arrears, all the mony paid into the Treasury since the 30 of Novemb. last, to be accounted part of the 40000. l. desired, and that with the monies received out of Weavers Hall, and the 5500. l. lately received of the Treasurers, the rest shall he paid on Monday next. 3. That a Common Counsell have undertaken to discharge the Generals engagement concerning the money taken out of Weavers Hall, to pay the same, the other out of the said Arrears. 4. That the Common Counsell have promised to get in the rest of the Arrears, and also to make the new Assessements for the six moneths, ending at Michaelmas last, and to collect the same with all expedition. 5. And upon this engagement, they do humbly pray, that the Army may this night be withdrawn out of the City, and liberties thereof, according to the intimation of Col. Whaley, and Col. &illegible;

To these the Generall returned the Answer following.

My Lord and Gentlemen, I have perused your Paper and I finde the point of security hath much troubled you and us, whereby we are yet without our money, and necessities daily grow upon us, to prevent which, and to make things clear, (which I do not conceive your Paper does,) I desire you that you will within 14 dayes (or sooner if you please) cause all the money charged upon the City of London for the Army untill the 25 of March next, and in Arrear to be brought in; this being done, I shall both repay the money brought from Weavers Hall, and withdraw all these forces from the City; the continuance of which in the City, in the meantime will, I conceive, facilitate your work in collecting the said moneys.

Your very assured friend,

T. Fairfax.

For the Right Honorable the Lord Mayor, Aldermen, and Common Councel assembled in London.

Take here the Heads of an humble Address to his Excellency, Thomas Lord Fairfax, and his Councell, from certain Troops, who voluntarily gave up themselves to oppose the King in his former Tyrannous war, and also the late Insurrections in the Nation, under the Command of Colonell.

Reynolds, viz.

Because the liberty of the meanest is alike precious to God, we have fought against injustice these many years, and were incited thereto by the Nations Representatives, who did seemingly set their faces against unrighteousnesse, and by many Declarations and Protestations did begin well, but through corruption have declined from their principles, and instead of being a Bulwark against all Tyrants and tyrannie, did endeavour to raise an Army against iustice and right, which was a sad reward to those that had rolled their garments in blood for righteousnesse sake; nay, have been Voted Traytors for seeking and petitioning for their liberty, and the freedome of the Nation, and many imprisoned, who were our dear friends, and approved friends to the Nation. There were likewise many Insurrections of late in the Kingdom, and a Scotch Army invited in by domestique hypocrites, and the like; and we engaged also against these (as continuing firm to our principles) others proving Apostates, did (as much as in them lay) strive to ruine both you and us, and to set up unrighteousnesse in the Land, to our great griefe, &c.

And therefore for the love and Honour we bear to justice and righteousnesse, (that one witnesse of God in the world) and for the real love we bear to unity upon that account, and for the real Honor we bear to your Excellencies Authority; in order thereunto, we desire you would give the highest, justest, reasonable, impartiall, and righteous assurance, and satisfaction that may be, to all people, and Just men in the Army and Nation (that have a godly Jealousie, and that would advance the interest of impartial justice and uprightnesse,) that you are reall to all the Nation, and to us in particular (as aforesaid, as being members thereof) that so the Lord alone may be acknowledged in iudgement, and impartiall righteousnesse in the earth. And then our blood shall not be precious in our sight, but we will (if God and nature cals for it) spill it as water in the streets, to accomplish those ends for the Nation, and our selves, as individuall members thereof, against all Tyranes whatsoever, and manifest our selves (though we would not compare or boast) as subiect to your Authority and Conduct, as any men living, in this our Generation.

There is a Book intituled, A new Survay of &illegible; teaching the practique part thereof, so as to improve many of the Lands of the Gentry and Commons of England, from 2. s. or 3. s. an Acre, to 5. s. 10. s. 20. s. or 30. s. if not more and that chiefly by the poor mans labor, held forth as the Authors owne Experiences, printed for Iohn Wright at the Kings head in the Old Baily.

FINIS.

The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.

FLatterers of Princes in these our dayes, have not only affirmed that Princes were lawlesse, but subiect to no Account, Reason, or Correction, whatsoever they did, but also, (which is yet more absurd and pernitious to all Common Wealths.) That all Goods, Chattels, Possessions, and whatsoever else a man hath, are properly the Kings, and that the people have only the use thereof, without any propriety at all, so as when the King will, he may take it from them by right, without insustice or iniury, which assertions do overthrow wholly the very nature and substance of a Common Wealth it self.

1. Kings were appointed in old time, that the people may the rather enioy Justice, and live in &illegible; and Tranquility, as Cicero saith, Justitiæ fruendæ causa bene morati Reges olim sunt constituti: but if they be bound to no Iustice at all, but must be obeyed, be they never so wicked, then is the end of all Common wealths, and Royall Authorities utterly frustrate; then may we set up publike Murtherers, Ravishers, Theeves, and Spoylers to devour us, in stead of K. and Governours to defend us; and then were all those Kings of the Iews, Gentiles, and Christians (formerly mentioned) unlawfully deprived, and their successors unlawfully put up in their places, and consequently all Princes living in Christendome at this very day (who are descended of them,) intruders, and no lawfull Princes.

And if the people have only the use, and no interest in their estates what other condition can the people be in, but slavery? Aristotle saith, That Free men and slaves differ only in this, That slaves have only the use of things without property, or interest, and cannot acquire, or get to themselves any Dominion, or true right in any thing; for that whatsoever they do get, it &illegible; to their Master, and not to themselves; and indeed the condition of an Ox or an Ass is the very same with a poor man that hath no slave, for that the Ox or Ass cannot be master of any thing for which he laboureth: And if all be the Kings by right, why then was Ahab and Iezabell, King and Queen of Israel, so reprehended by Elias, and so punished by God for taking away Naboths vineyard, seeing they took but that which was their own; nay, why was not Naboth accused of Iniquity, Rebellion, and Treason, for that he did not yield up presently his Vineyard when his Princes demanded the same, seeing it was not his, but theirs? Why do the Kings of England, France, and Spain, ask moneys of their people in Parliament, if they might take it as their own? Why are those Contributions, termed by by the name of Subsidies, Helps, Benevolences, Loans, &c. if all be due, and not voluntary of the peoples parts? How have Parliaments oftentimes (as the last but this in England) denied to their Princes such helps of money as they demanded? Why are there Iudges appointed to determine matters of Sute and Pleas between the Prince and people, if all be his, and the people have nothing of their own?

Another sayes, by what Law can a Common-wealth depose an evill Prince?

I answer. 1. By Divine Law for that God approves that form of Government which every Common wealth doth choose unto it self, as also the Conditions, Statutes, and Limitations which it self shall appoint unto her Princes. 2. By humane Law, for that all Law, both Naturall, Nationall, and positive doth teach us, that Princes are subject to Law and Order, and that the Common-wealth which gave them that authority for the common good of all, may also restrain, or take the same away again, if they abuse it, to the common evill, and may punish their Princes for such evill doings, he being not absolute, but Potestas vicaria, or Deligata, a power deligate, or by commission from the Common wealth, which is given with such restrictions, cautions, and conditions, yea, with such plain exceptions, promises, and oaths of both parties, as if the same be not kept between the King and People, but wilfully broken on either part, then is the other not bound to observe his promise, or oath, though never so solemnly made or sworn: For if two travellers should swear the one to assist the other upon the way, from all theeves, and other danger whatsoever, and it fall out, that the one joynes with a friend, and sets upon the other, to rob and slay him; clear it is, that the other is not bound to keep his oath towards that party that hath so wickedly broken it unto him, but rather ought to kill, or prosecute the Law, or Oath against him, for breach thereof. Childerick the last King of France, of the first Line of &illegible; for that as Paulus Emilius, Belforrest, Gerard, and other French stories do testifie, That being to be deposed, the Bishop of &illegible; in the name of all the Nobility, and Common-wealth of France made his Speech to &illegible; the Pope, for his Deposition, alleaged these two reasons, saying, Truth it is that the French have sworn fidelity unto Childerick, as to their true and naturall King, but &illegible; with condition, that he on his part should also perform the promises that are &illegible; to his office, which are, To defend the Common-wealth, protect the Church &illegible; Christ resist the wicked, &illegible; good, &c. And if he do this, then the &illegible; are ready to continue their obedience, and allegiance unto him; but if he hath &illegible; none, or not all these things, he is neither fit for a Captain in War, or for a Head &illegible; peace. And if nothing else may be expected while he is King, but detriment to &illegible; State, ignominy to the Nation, danger to Christian Religion, and destruction &illegible; the weal-publike, then it is lawfull for you no doubt (most holy Father) to &illegible; the French from this tie of their oath, and to testifie, that no promise can binde &illegible; Nation in particular, to that which may be hurtfull to all Christendom in &illegible;

Thus far the Bishop and his Speech were allowed, Childerick thereupon deposed and Pepin made King in his place:

By this then you see the ground whereon dependeth the righteous and lawfull Deposition of wicked Princes, viz. their falling in their oath and promises which they made at their Coronation, that they would rule and govern justly, according to Law, Conscience, Equity, and Religion; wherein, if they fail, or wilfully decline, casting behind them all respect of obligation and duty, to the end for which they were made Princes, then is the Common-wealth not only free from all oaths made, of obedience, or allegiance to such unworthy Princes, but is bound moreover, for saving the whole body, to resist, chasten, and take off such evill heads, if she be able, for that otherwise all would come to destruction.

Hurst-Castle, Decemb. 14.

Its no news to tell you that the person called the King is in this place ever since the first of this moneth: When the Governour of this Castle, Col. Eytes came down, and came into his presence, his Majesty saluted him with a kinde of a jeer, telling him, he hoped he would not take it ill that he came to visit his wife in his absence; but withall, that he was sorry to put him up in so narrow a room (meaning, himself and attendants would take up the greatest part of that little Castle, the Governour not having one room left for entertainment of a friend). The Governour answered his Majesty, that the place afforded not that accommodation as might be desired, but hee should be well satisfied with his present condition, especially now that his Maiesty was there in safety (which I believe was more then his Maiesty could cordially say himselfe). Upon Sunday last his Maiesty was speaking to Lieu. Col. Cobbet, to shew him by what order he was brought to that Castle (which till that time he had not seen) the Lieu. Col. shews him the Order, upon the perusall of which, he seemed to be well satisfied, after some debate about it, but told us, that as he had no desire to stay long in this place, yet he should be unwilling to be removed hence without the sight of an Order before hand; to which was answered, that necessity was above Order; he replyed, that it was true, but necessity was many times pretended, when there was none. Upon Munday morning he desired to take a walke upon the Beach, vvhich was condescended unto, there being sent before some Scouts to discover any danger that might be; having taken a walke of about a mile, he returned, and ever since, the weather hath been so bad (till these 3 or 4 last daies frost that he hath not desired to go abroad till yesterday; he seemes to &illegible; very pleasant ever since his coming hither, and takes great delight in discoursing of the Wars, and in shedding the blood of honest men; how it will be with him when he shall be called to an accompt for it, as a short time I suppose will produce (I know not) but do presume, the rememberance of it will not be so pseasant: I much rejoyce that so honest a heart as Lieut. Colonel Gobbet is with us in this place, there is a necessity of sending downe money presently, if the King shall stay long; his servants having taken up moneys and provisions for him, upon their own Credits. There was a mistake in naming the Kings attendants the last week, Major Ducket (an honest godly man) was left our, Master Reading was put in, but not here, Captaine Preston was called Capt. Weston, Mr. Laban is called Master &illegible; Master Muschampe is also left our, all which I Impute to the Scribe that sent their names from hence. We rejoyce to heare of the Armies proceedings, and taking into Custody the Rotten, Trayterous members, who have been the cause of all our misery, I wish they may so throughly purge them, as there may be no dreggs left, and bring them, and all other incendiaries, and Obstructors of our Freedoms, to exemplary and speedy Iustice, there being in my apprehension, no other visible way to prevent the shedding of blood, but by shedding the blood of these Incendiaries, without respect of persons.

Yours, A. T.

This Letter being sent to his Excellency, and comming to our hands, take at large.

My Lord, I have understood by your late Remonstrance, and actings thereupon, how God hath awakened you now at last to his own work. The time was (which I then exceedingly bewayled) when you knew not the things that belonged to the Kingdoms peace, nor to your own: but now God of his great mercy to his people, and goodnesse to you, hath anoynted you with that eye-salve, which hath caused you to see both. And this is no other then Gods own doing among you, and towards his people, and so much the more marvellous in our eyes, by how much the more you were once against it. Wherefore I look upon your present actings, as the precious fruits of the faith and prayers of all the people of God in the Kingdom, aswell as your own, crying out aloud to God for deliverance, which they did beleeve, when they saw no means, nor could point out any instrument for this work; they all, with their Estates, Liberties, and lives, being as certainly sold by the Parliament Treators, and their faction, into the hands of the Tyrant King, and his malignant, malicious, and implacable party, as ever the Jews were sold by Haman, to be destroyed and slain in all the Provinces of the Empire of Ahasuerus. For after the Parliament, under pretence of opposing tyrannie, and arbytrarie power, and of restoring among us justice and judgement again, had drawn in all the honest and wel-affected party every where in the Kingdom, to appear for them, and so by this means had discovered them, and made them manifest in every County, City, Town, Village, and Family, then they treacherously deserting the cause they pretended to, and to make their own private peace with the King, without any consideration of the trust reposed in them, deliver up all these people, together with their just and righteous Cause, to the wrath, cruelty, and revenge of an inraged enemy, whom they would needs invest with his former greatnesse, and cunningly steal him into his former power, on set purpose to enable him to accomplish this mischief; which was the most treacherous, unworthy, and devillish design against honesty it self, aswell as all honest men, as ever was hatched in any age of the world. And therefore blessed be God, who hath kept your Army together, notwithstanding all secret subtleties, and open violences used to dissolve you, and hath also ingaged your hearts to this great and glorious work, of doing justice to all without respect of persons, then which, there can be nothing more acceptable to God, and more profitable to the Kingdom. Now because the work you are upon is a great work, and you are like to meet still with many great rubs, difficulties, oppositions, detractions, censures, many sons of Anack, and walled Cities, therefore I beseech you remember, that the whole work must be managed by faith, from the beginning to the end: For you now walk upon those waters (of People, and Nations, and multitudes) into which you will sink, longer then you do believe. And to strengthen your faith, remember how God hath been with you in the former and latter War; remember the footsteps of his presence, the menifestations of his power, the guidance and direction of his wisdom, the protection of his speciall love and providence; together with all the various helps of his goodnesse upon all occasions, above all your thoughts, and learn to trust and depend on him for the time to come, who hath been so faithfull and gracious to you hitherto. Consider moreover, that the time seems to be come, wherein God cals to remembrance the fighting of the poor, and the cry of the needy, and wherein he is come down to make inquisition for blood, for all the innocent blood of the thousands, and ten thousands that hath been shed, even from the first, to the last innocent blood of Col. Rainsborough. Wherefore rise up with God against his enemies, and let your heart be incouraged, and your hands strengthened to execute the vengeance written. How are the eyes of all the faithfull of the Land fixed upon you, as upon that power that God hath raised up, and preserved, and strengthened for this very purpose. Wherefore take heed now of worldly compliances, of counsels, of humane reason and prudence, of base self-ends and self-interests and of the cooling, delaying, daubing councels of fair, but false friends, and remember the work you are about is Gods, and not your own; wherein you can do nothing regularly, as you will, but must do all as he wils: Do justice, execute judgement, relieve the oppressed, cut in sunder the bands of wickednesse, break in pieces the Oppressors, from the highest to the lowest tyrant and content not your self to do justice, only so far as may be convenient for your selves, as Jehu did once in his faigned zeal for the Lord of Hoasts; for then however you may prosper for a while, because you do the work of God, yet your latter end will be, to be cut off, because you do it for self love, and not the love of righteousnesse, and so but by the halfs. Sir, the greater, and more unparalelled your work is you stand in the more need of caution from your selves, and counsell from your Christian friends; and therefore I have been so bold with your Excellency at this time, yet in all &illegible; and truth of affection both to your self, and the work of God in your hands. Now the Lord prosper you in his own work and way, and make your hands strong by his, till the whole counsell of his will be accomplished, for the preservation of his people, and the subduing of his enemies in this Kingdom. And so I crave leave to write my self.

Your Excellencies humble and faithfull servant in and for Christ.

A Solemn Protestation of the Imprisoned and secluded Members of the Commons House, against the horrid Force and violence of the Officers and Soldiers of the Army, on Wednesday and Thursday last, being the 6 and 7 dayes of December, 1648.

VVEE the Knights, Citizens, and Burgesses of the Commons House of Parliament, (above one hundred in number) forcibly seised upon, violently kept out of, and driven from the House by the Officers and Souldiers of the Army under Thomas Lord Fairfax, comming thither to discharge our Duties on Wednesday and Thursday last, being the sixt and seventh of this instant December, do hereby, in our owne Names, and in the Names of the respective Counties, Cities, and Burroughs for which we serve, and of all the Commons of England, solemnly Protest and Declare to the whole Kingdom, That this Execrable Force, & open Violence upon our Persons, and the whole House of Commons, by the Officers and Army under their Command, in marching up against their Command, and placing strong armed Guards of horse and foot upon them, without and against their Order, is the highest and most detestable force, and breach of Priviledge and freedome ever offered to any Parliament of England, and that all Acts, Ordinances, Votes, and Proceedings of the said House, made since the sixt of December aforesaid, or hereafter to be made, during our restraint and forcible seclusion from the House, and the continuance of the Armies Force upon it, are no way obligatory, but void and nul to all intents and purposes: and that all Contrivers of, Actors in, and assistants to this unparalel’d force, and Treasonable Armed violence, are open Enemies to, and professed subverters of the Priviledges, Rights, and freedom of Parliament, and disturbers of the Peace and settlement of the Kingdom, and ought to be proceeded against as such: and that all Members of Parliament, and Commoners of England, by their Solemn Covenant and Duty, under pain of deepest Perjury, and eternall infamy, are obliged unanimously to oppose, and endeavour to their utmost power, to bring them to exemplary and condign punishment for this transcendent Offence, tending to the dissolution of the present, and subversion of all future Parliaments, and of the Fundamentall Government and Laws of this Realme.

All which we held our Duties to declare and publish to the world, for fear our stupid silence should give any tacit consent, or approbation to this most detestable crime, and make us guilty of betraying the Priviledges, freedom and honor of this Parliament, to our perpetual reproach, and the prejudice of all suceeding Parliaments. Dated at Westminster December 11. 1648.

Take here likewise a Declaration of the Lords and Commons Assembled in Parliament.

THe Lords and Commons Assembled in Parliament, taking into their consideration, a Printed Paper, Intituled, [A Solemn Protestation of the imprisoned and secluded Members, &c] Wherein, amongst other things it is declared (That all Acts, Ordinances, Votes, and proceedings of the House of Commons, made since the sixt of this instant December, or hereafter to be made during their restraint, and forcible seclusion from the House, and the continuance of the Armies force upon it, are no way obligatory, but void, and null, to all intents and purposes) The said Lords and Commons do thereupon Judge and declare the said Printed Paper to be false, scandalous, and seditious, and tending to destroy the visible and fundamentall Government of this Kingdom; And do therefore Order and Ordain the said Printed Paper to be suppressed: And that all Persons whatsoever, that have had any hand in, or given consent unto the Contriving, Framing, Printing, or Publishing thereof, shall be adjudged, and hereby are adjudged uncapable to bear any Office, or have any place of trust, or authority in this Kingdom, or to sit as Members of either House of Parliament. And do further Order and Ordaine, that every Member of either House respectively, now absent, upon his first comming to sit in that House, whereof he is a Member, for the manifestation of his Innocency, shall disavow and disclaime his having had any hand in, or given consent unto the Contriving, Framing, Printing, or Publishing of the said Paper, or the matter therein contained.

Die Veneris, 15. December. 1648.

ORdered by the Lords assembled in Parliament, That this Declaration be forthwith Printed and published.

Ioh. Brown &illegible; Parliamentorum.

The Copy of a Letter written from &illegible; by a Gentleman of that City concerning a Proposition made unto the King of Poland, about the rare invention of Flying in the Air.

Noble Sir,

DId I not know full well how earnest you are after the finding out of rare inventions, and other curious things worthy of a noble and heroik spirit, I should not be so ready to impart you any thing that cometh to my knowledge, worthy of your observation, and also knowing your many and great imployments, yet do now make bold to represent unto you the strangest, and never heard of before invention of flying in the air. which, I doubt not, will, for its curiosity, and &illegible; of the conceit, be a matter of delight and pleasure unto those that are learned, especially that have studyed the Mathemateiks; and although this subject may be a matter of laughter, and be despised amongst them, being a rule among the vulgar, as not to believe any thing whatsoever, any further then they can apprehend the same, never considering what likelyhood, or probability there is for the effecting thereof: The thing is thus.

There is at this present in this Court a certain man lately come from Arabia, who is come hither to the King of Poland, to whom he proffeseth his head for security of that which he propoundeth, which is, that he hath brought from that Countrey the invention of a Machine, being Airie, & of a construction so light, neverthelesse so found and firm, that the same is able to bear two men, and hold them up in the Air, and one of them shall be able to sleep, the whiles the other maketh the Machine to move, which thing is much after the same manner, as you see represented in the old Tapistry hangings, the Dragons flying, whereof this same takes its name: I do give you them for patern, or modell of this invention, being a thing much in question, and to be doubted concerning these flying Dragons, whether any be alive; likewise it is questioned by many of the truth of being any Unicorns, Griffins, Phœnix, & many other like things, which by many wise, understanding men, are deemed to have little or no reality in them, but all imaginary; neverthelesse we beleeve this upon the credit of Antiquity, and the report of many who know more. There are few in this Court but have got a pattern of this Machiner, and do hope to send you one likewise, in case that this project takes some good effect, and proves to be as true, as rare in its invention; the forms of it which he hath made, and afterwards presented here, with the many strong reasons he gives for to maintain his Proposition, seeme to be so strong, and so likely to be true that there is great hopes conceived thereof; and although he undertakes that the Celerity, or swistnesse of this Airie post, shall be far beyond that of our ordinary Posts, seeing he promises to go with the same in 24 hours, 40 Leagues of this his Country, which will make of English miles neer 240. which thing seemeth so strange to many, that therefore they fal off from him, & so give little credit to it, although he hath brought with him good Certificates, how it hath been approved by many in other places, where he hath made experiment thereof, to his great Honour and credit, and the Admiration, and great amazement of the beholders; besides, it may be well thought, that a man of Honour, as he seems to be, would not set so little by his life, as to lay it at stake about a businesse of that nature, except he had some good grounds for it, and had some experimentall knowledge of the same; seeing he must hazzard his life two severall wayes, the one in case he did not make a triall of what he had promised, and so be proved to have come hither as an Impostor, to have cheated this Court, who upon discoveries of like businesses, will not make it a jest, or a thing of small moment; and the other time of danger is, when he begins to take his flight, which he is to do above the highest Towers or Steeples that are, and without his dexterity and certain knowledge therein, would run into an utter ruin and destruction.

Whither it be true or no, there are Commissioners appointed, who are to examine the businesse, and so acordingly as they finde it, to make their report, and is appointed to make an essay, and shew a piece of his skill in their presence, before he is suffered to act it publickly, that if in case his businesse doth not prove according to expectation, they that have given credit to it, and him may not be exposed to open shame and derision, even as it happened once in the City of Paris, where a stranger having gathered together neer the Louure many thousands of Spectators, in whose sight, as a man void of sense and reason, having taken his flight from the top of the highest Tower thereabouts, which is between the Louure and the River of Seine, this miserable wretch fell down upon the ground, broke his neck, and his body torn in pieces. Whilest every one is expecting the issue of this, there are many great wagers laid about it, yet take this by the way, that there hath been severall great consultations made with the Mathematicians about this, who have all declared, that the putting it in execution is very difficult, but for the thing it self, do not count impossible; and to this purpose there was a true information brought of a prisoner, who having tied very fast about his Coller, and under his Arms, a long Cloak, whereunto was made fast a Hoop, to keep the spread out, and round, casting himself from the top of a high Tower, where a small River ran at the foot thereof, wherein he thought only to have faln, it happened otherwise, for he was carried on the further side of the water, and came there save and found; this Cloak, which stood him instead of a fail, did bear up the weight of his body, and so &illegible; the air by degrees, that he had time to defeend easily to the ground, without receiving any hurt by the fall; and not to bring here that fabulous History of &illegible; the most famous Artist of his time, Architer Tarentin made a wooden Pigeon, who fled very high into the air, as also an artificiall Eagle, at Nuremberg, at the magnificence and great Reception which was made by that City unto Maximillan the Emperor although both of them were much heavier, and yet not so big as a childes babie; these two things being raised a great heighth into the Air, being only held with a &illegible; But another Ingineer had not so good successe, for having raised himself into the Air by means of an Engine, much like to this we speak of, before he had raised himself so high as he intended, the Wiers did break in pieces, whereby he fell to the ground sooner then he was willing, and by the fall broke his thigh, and was in great danger of his life; yet by this we may gather thus much. That the thing may possibly be done; moreover, experience daily shews us, that nothing is impossible unto man, but that through labour and industry, the most difficult things at length may be obtained, only in this point concerning the possibility, or impossibility of things, wise men do seem to be most slow in giving their opinion about it; there are also examples of birds, and those that swim; whereby we may judge by their swiftnesse, that the Air may do the same operation upon other subjects, according as the Artist can accommodate it self to it.

Westm. Decemb. 12. The Commons Vote Major Butler, and Capt. Stirkes Troops in Northamptonshire to be continued for a moneth longer. Bristoll and Exon Petition referred. They revoke the Votes for re-admitting the 11 Members, and Vote them to be of dangerous consequence, and tend to the destruction of the peace and justice of the Kingdom: And repeal the Votes that repealed the former Votes for no Addresse to, &c. from the King, and declare them highly dishonourable to the proceedings of Parliament, and apparently destructive to the good of the Kingdom. The Commons Vote that the severall Votes of the 10 of Novem. 1648. concerning the banishment of the L. Goring E of Holland. L. capel, Sir Henry Lingen, Henry Hestings, Esq; now called L. &illegible; Major Gen. &illegible; and Sir John Owen, are destructive to the Justice of the Kingdom, and are hereby revoked, and made void. They likewise ordered, that the Vote of the 10 of Novemb 1648. that James Earl of Cambridge be fined the summe of 100000 li. and that he be kept close prisoner till the payment of the said summe be, and is hereby revoked, and he left to justice. They likewise resolved that the Vote of Aug. 2. 1648. That the Commissioners intended to be sent unto his Maiesty, to treate with him shall have power to treate with his Maiesty in the Isle of Wight, upon such Propositions as shall be offered by him, was destructive to the peace of the Kingdom, and is hereby made void. They further ordered, that the Vote of Decemb. 5. 1648. That the Answer of the King, to the Propositions of both houses, are a ground for the House to proceed upon, for the settlement of the peace of the Kingdom, is highly dishonourable to the Parliament, and destructive to the peace of the Kingdom, and tending to the breach of the publike faith of the Kingdom. And that the Vote of July 28. 1648. That a Treaty be had in the Isle of Wight, with the King in person, by a Committee appointed by both Houses, upon the Propositions presented to him at Hampton-Court, was highly dishonourable to the proceedings of Parliament, and apparently destructive to the good of the Kingdom. A Committee was appointed to collect the Votes and Orders concerning Elections in Cities and Burroughs, and are to present to the House an expedient, how to avoid the Elections of Malignants, and such as brought in the Scots, or had any hand in the last war. They likewise ordered, that it should be referred to his Excellency the Lord Generall, to take care that the King escape not, and that he keep his Maiesty in safe custody. In order to which his Excellency and his Councell of war thought fit, that his Maiesty should be removed from Hurst to Windsor Castle, and that a Brigade of horse be drawn out of all the Regiments in and near London, to be a safe guard and convoy for his Maiesty to the said Castle. Decemb. 14. The Commons Vote a Committee should go to the Generall, and know of him upon what grounds the Members of the house are restrained from comming to the house by the Officers and Souldiers of the Army. They likewise ordered, that the Vote formerly past for appointing Ships to guard the Isle of Wight, be taken off and that the said Ships be used for the most advantage of the Common wealth. A dispute then arises for calling the Lord Admirall home by Letter, but upon division of the house, it was carryed in the negative. They repeal the Ordinance for setling the Militia of the Kingdom, and that likewise for the Militia of Lancaster. They vote Ammunition for Hurst-Castle, according to a particular sent up by the Governour. Decemb. 15. The L. Gen was ordered to be desired to send a guard daily of horse and foot, to guard the house. And a Committee was appointed to attend the Generall therewith. They vote two moneths gratuity for the Marriners, And if so, why not two moneths gratuity for the poor gallant &illegible; And order that the Committee of the Navy do confer with the Lord Gen. that the 28000. li. that was received by the souldiers at Weavers, Hail and is to be paid out of the arrears of the City, and shall be paid in by the City, do go, and be imployed for the present service of the Navy, and that the said summe be re-imbursed, and paid to the Treasurers at Weavers Hall, within three moneths, out of the Customes. Monies and provisions for the Navy were referred to a Committee. Decemb. 16. The Committee of the Revenue report what is fit to be daily allowed for the K. and his attendants expences; The house concurried therein, and ordered to &illegible; a day be allowed accordingly. They likewise reported the names of those that shall attend his Maiesty, which the house approved of; Their names are, viz. Mr. Harrington, and Mr. Horbert, both of the Bed-chamber, Mr. &illegible; Carver, Lieut. Col. Robinson Cup bearer, Maior Ducket Sewer, Cap. Preston of the Robes, Mr. Readig Page of the back staires, Mr Lee paymaster, Mr Muschamp of the Woodyard, Mr. Levin of the Cellar and Butrery, Mr. Katchside of the Pantry and Ewre, Mr. Laban. Page of the Presence, Mr. Turner groom of the Chamber. Cap. &illegible; Mr. Cook. They repealed the order, forgiving to send for Delinquents (being none of the 7 excepted) from beyond sea and out of prisons, to compound, and that such Delinquents as were so sent for, are to be remanded to the same prisons again. The Lords agreed to an Ordinance for repealing the Ordinance for setling the Militia of the Kingdom. The Commons vote another Ordinance for setling the Militia of the Kingdome, to be drawn with speed. A Letter came from the 16 of the Committee of Kent, declaring their sense and danger of the Ordinance for the Militia of the Kingdom being in the name of King and Parliament, in which respect they know not how to act upon it, unlesse the King and Parliament were agreed, which they desire to know, and if agreed, then upon what termes. The house rescented this well, and ordered a letter of thanks to them, and withall to acquaint them, that they had repealed the said Ordinance. They order that on Monday the house should consider of some expedient to be offered, for the settlement and peace of the Kingdom.

Two honest Representations, and Petitions, from Bristoll, and Dover Castle, were presented to the Generall this week, and his Councel of War, which was well rescented, and all honest men praising God for so happy Coniunctions of all the godly people in the Kingdom, here take them at large:

To his Excellency Thomas Lord Fairfax, and the Honourable, the Councell of the Army.

The Humble Representation of divers honest inhabitants of the City of Bristoll, and the Adjacent Villages.

My Lord and Gentlemen,

WHen we beheld the glorious splendor of Iustice and Righteousnesse, beaming forth it self in your Remonstrance to the House of Commons, November 18. 1648. we were filled with joy and satisfaction, that the divine presence had again overshadowed you, and appeared thereby to us with smiles of love, and pledges of favour, when with the night of ruine we were almost overwhelmd: For which, as we kisse the footstool of that glorious Majesty, who thus rarely brings forth our deliverance, so we chearfully confess you to be his glorious Instruments, whereby he hath stilled the enemy, & the avenger.

We must seriously professe, that though your former proceedings against that generation, were exceedingly prospered, beyond the Parallel of former ages, and had engraven upon them, the kindnesse of God to a distressed people, yet they had but served to make us more exquisitely miserable, if your former Conquests should have acquiesced in the Actions of that House; who were bringing your Conquered Prisoner with Honor and safety to sit upon the Throne of Power, Majesty, and Greatnesse, without satisfaction for the blood that hath been shed, or sufficient provision made for the security of the liberties of England, and their faithfull assertors: And should you now (which God forbid) forbear the effectuall prosecution of what you have now Remonstrated, and professed, we may from that, sadly write all imaginable misery upon us, and our posteritie for ever.

We were filled with sorrow when we saw the abominable Apostacy, and degenerated Actings of the Maiority of the House of Commons, who, after we had bought their security with our most precious blood, and treasure should by their Treating with the King, so cruelly fell us into the blood and revenge of him, and his Consederates, so contrary to their &illegible; Principles and Declarations, and to iustice and equity, esteeming the effusion of the most excellent english blood to be but a iust Homage to his lusts, and Tyrannie, and all their unhappinesse to be but an equitable Tribute to his will and pleasure; the consideration of which, as it filled us with amazement, so it drew from us thereof a sad Remonstrance, which we made ready to present them but when we saw what would be its portion, in the laying aside of other Petitions of that nature; through the prevalencie of the Royals Faction, we were put into great perplexities, and thoughts which way we might avoid our destruction, and then were directed to your Excellencie and Army as those who were the sword of the Lord, and the only way we could imagine for our preservation. To you then, as the last hopes of our dying spirits, did our thoughts hasten, if so be God had laid up in your heart salvation, and to that end, unbosomed our troubled souls with an Humble Representation, and with our desires that you would pity your selves, and England, and take notice of our Apprehensions, and Condition, in that the Petition was intended to the House, and act in Orders to them both, and we were ready to have presented it, but such was the goodnesse of God, that in the moment of time he appeared upon you beyond all expectation, with the glorious presence of Iustice and Equity, and with excellent Remedius for the healing of the Nation, layd down in your Remonstrance; with which, as we are really one in all things, so as life, upon the giving up of the Ghost, was it to us a seasonable refreshment.

In the prosecution of which, go on Noble Generall, and worthy Gent. in the strength of the Lord of Hosts according to his power acting in you; and his people your friends in England, and cease not till the Cedars of Tyrannie be laid even with the ground, and the happinesse of this the Nation be established upon the pillars of Iudgement and Equity. For the accomplishing of which, we do hereby assure you, that with our lives and estates we shall readily follow you in all your engagements.

We who subscribed a Petition to your Excellency, presented at Kingston, in August, 1647. do desire our loving friends, Mr. Robert Stapleton, Mr. Iames Powell, Maior Samuel Clark. and Capt. Thomas Norris, or any two of them, to deliver this Representation to your Excellency and Councell, in our names, and at our Requests.

To his Excellency, the ever &illegible; Lord Fairfax, Generall of the forces in the Kingdom of England, and Dominion of Wales.

The humble Representation of the Officers of horse and foot in, and about Dover Castle, in the behalf of themselves and souldiers.

Humbly sheweth,

THat as we cannot but look on it as an especiall Act of providence, and manifestation of Divine love, that notwithstanding the power and policy of the publick Enemies of this Kingdom, your Excellencies undertakings should be Crowned from heaven with so great successe and victory, so we are fully sensible of the inveterate Rage, and continued plottings of our adversaries, together with the detectable Apostacy of many that have formerly ioyned with us; whereby, after the effusion of so much precious blood, we are likely to be &illegible; under a most cruell Yoke, worse then our late Egyptian Bondage, and therefore we most humbly declare:

That we prize it as a great and choise pledge of future blessings, that God hath stirred up your Excellency to Act on such high and raised principles, as are set forth in the late Remonstrance and Declarations, whereby Iustice may be impartially executed as well on him that sits on the Thrent, as on the meanest subiect, and the cursed Actions, and troublers of our Israel, removed from among us, that righteousnesse may run down in such a stream as the God of Iustice may be satisfied for the Current of the blood of his Saints that hath been shed in this Kingdom, and the faithfull reap the benefit of their former servent prayers and endeavors. In Order to which, we are, and shall be ready to the hazard and lesse of what is most dear and precious to us, to engage in any service to promote the ends proposed and though we have not been so speedy in this Representation, and are Restrained to a particular place, (in which we shall endeavor to Act faithfully according to our trust) yet our hearts are enlarged with the earnest desire of the publike Peace, and safety, and have, and do unanimously reioyce in your Excellencies righteous undertakings, in pursuance of the ends Remonstrated. And not doubting but the God of our former deliverances, will carry your Excellency through all difficulties, and those mountains of opposition shall become plaine before you. We humbly beseech your Excellency would proceed in what is justly proposed, that the Kingdom may not be beguiled with the specious pretences of our subtile adversaries, but that Delinquents may be punished, our liberties confirmed, and the Kingdom fetled, to the glory of God, and comfort of his people; for the effecting of which, without respect to our pivate interests, we shall willingly, with our lives in our hands, encounter vvith the great difficulties, and really ingage in vvhat may manifest our selves,

Your Excellencies, and the Kingdoms most saithfull servants.

From before Pontefract Decemb. 16. Sir, our service is difficult, and our duty as hard, but for pay, are in greatest of want; the Committee of the Army promised us a moneths pay 14 dayes since, and told us that the Treasurers would send us down Warrants, or Bils of Exchange, but as yet we hear nothing of either. Wee cannot expect any thing from the poor Country, though (for want of pay) we are forced to desire victuals of them, and I am perswaded, that many that give us it, stand in as great, if not greater need thereof then our selves. It pities us, that we must of necessity be so burthensome to them and we are the more troubled, that we should be so slighted. We have at last concluded of a Declaration in complyance with the Remonstrance of the Army, and have sent up a Captain to present it to his Excellency, and the Councell of war though we have not the honour to bring up the Van in this great undertaking, yet we know there is much honour to bring no the Reer. We are not good leaders, but may be good followers, and I am confident will be in this engagement. The forces within come out daily, Lieut Cole came out on Monday last deserting the enemy, he sayes they have good store of provision, but the souldiers very sick, and much indisposed: about two dayes after came out one Mr. Hawkins, who desired presently addresse to Maior Gen. Lambert, which granted, he acquainted him that the said Lieutenant Cole came out of the Castle upon a design to stab him, the Lieutenant was likewise examined, but denies it; both stand Committed till further Order.

Scarborough 16 December. Sir, we have been sed long with expectations from the Governour, to admit of a reall Treaty, we finde him very plausible of late, and more complying now then ever; I suppose we shall make but shore work of this businesse, having great hopes, and some assurance of a speedy surrender. We heare our Brethren of Scotland are not well pleased with the late transactions in England; the Royall party would faine be heading, but little danger of any Attempt thereof till the Spring, but I doubt not Argiles fidelity, and performance of his former Engagement.

White-Hall Decemb. 18. This last vveek hath in patt been spent in Debate of the Agreement: The Question that sticks vvith them, is, What power shall be given to the Civill Magistrate in things called Religion, and whether any at all, and in matters of appeal to Parliament; a short time, I hope, will end the dispute; and in part likewise concerning the Execution of Iustice upon Capitall Offenders, and something Ordered in relation thereunto, which I shall forbear to mention at present. The City begins to be sensible of their error, and complies with the desire of the souldier, as to bedding for all the foot, and submiting to quartering amongst them; they begin to repent their folly, but by that time some of their Grandees have paid for’t, they’l be better satisfied.

West. Decem. 18.

The Lords desired that Friday next be kept a day of humiliation for all within the late lines of communication, to seek God for diverting the heavy Iudgements that hangover the Nation, and for giving a blessing upon the consultations of Parliament; the Commons disagreed as to all within the late lines to observe the day, and agreed that the two Houses only keep it as Margarets Westminster. They voted Mr. Gockaine and Mr. Bond should be desired to preach, and Mr. Hoxcraft to pray. The Lords agreed to the Ordinance for election of Officers in London, to be neither Delinquents, or those that have acted in the late Commotions or insurrections, or such others as have had a hand of inviting the Scots into this Nation.

FINIS.

The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.

COncerning the Interest of Princes before their Coronation, most of them have not failed to finde as shamelesse flatterers, as themselves were either vain or wicked Princes; and for my part, I am of opinion, That the Propositions of Belloy did rather hurt and hinder, then profit the Princes; by whom, and for whose favour he writ them, Is the King of Navarre: whom hereby he would have admitted to the Crown of France without all consent, or admission of the Realm: But I for my part, as I doubt not greatly of his Title by propinquity of blood by the Law Salique, so on the other side am I of opinion, that these Propositions of Belloy on his behalf, that he should have entred by only Title of birth, without condition, consent, or approbation of the Realm, without Oath, Anointing, or Coronation, yea, of necessity, without Restraint, or Obligation to fulfill any Law, or to observe any priviledge to Church, Chappell, Clergy, or Nobility, or to be checked by the whole Realm, if he rule amisse: These things, I say, are rather to rectifie the People, and set them more against his entrance, then to advance his Title; and therefore in my poor Iudgement, it was neither wisely written by the one, nor politickly permitted by the other; and to the end you may see what reason I have to give this censure, I shall here set down his own Propositions touching this matter, as I finde him in his own words: First then he avoucheth, [That all families which enioy Kingdoms in the world, were placed therein by God only, and that he alone can change the same, which if he refer to Gods universall providence, Quæ attingis a fine usq. in finem sortier, as without which, a Sparrow fals not to the ground, as our Saviour testifieth Mat. 6. None will deny but all is from God, either by his Ordinance, or permission; but if we talk, as we do, of the next, and immediate causes of Empires, Princes, and of their changes; Cleere it is, that men also doe, and may concurre therein, and that God hath left them lawfull Authority so to do therein, and to dispose thereof for the publique benefit, as largely before hath been expressed; and consequently to say, that God only doth these things, and leaveth nothing to mans Judgement therein, it against all reason, use, and experience of the world.

The Second Propoosition of Belloy, is [That where such Princes are once ‘placed in government, and by Law of succession, by birth established, there the Princes Children, or next of kin, do necessarily succeed by only birth, without any new choice or approbation of the people, Nobility, or Clergy, or of the Common-wealth together:] Apolog. Cathol. part 1. parag. 7. And to this assertion, he joyneth another as strange as this, which is, [That a King never dieth, for that whensoever, or howsoever he ceaseth by any meanes to Governe, then entreth the successor by birth, not as heire to the former, but as lawfull Governour of the Realme, without any admission at all, having his Authority only by the Conditon of his birth, and not by Adoption, or choice of any:] Apolog. pro Rege. c. 6. & 34. which two Propositions, albeit they have been sufficiently refuted by that which hath been spoken before, yet shall I again, in the next, confure more amply the untruth hereof.

Other two Propositions he addeth. [Apolog. Cathol. part 2. Parag. 7. & pro rege Chap. 9. That a Prince once entred into government, and so placed, as hath been said, is under no Law or restraint at all of his authority, but that himself only is the quick and living Law, and that no limitation can be given unto him by any power under heaven, except it be by his own Will; and that no Nation can appoint or prescribe how they will obey, or how their Prince shall governe them but leave his authority free from all bonds of Law; and this either willingly, or by violence, is to be procured.] By which words it seemes he painteth out a perfect patterne of a Tyrannicall Government, which how farre it did further the King of Navar, I leave it to all Historians to judge.

His other Proposition is Apolog. pro Rege Chap. 20. That albeit the Heire apparent, which is next by birth to any Crowne, should be never so impotent, or unfit to governe, as if (for example sake) he should be deprived of his senses, mad, furious, lunatick, a foole, or the like; or that he should be knowne on the other side, to be most malitious, wicked, vicious, or abominable, or should degenerate into a very beast, yea, if it were knowne that he should goe about to destroy the Common-wealth, and drown the Ship which he had to guide; yet (saith this man) he must be sacred and holy unto us, and admitted without contradiction unto his Inheritance, which God and nature hath laid upon him, and his direction, restraint, or punishment must only be remitted to God alone, for that no man, or Common-wealth may reforme, or restraine him. But because it would be too tedious to keep off the Reader longer from his Intelligence, both forraigne and domestique, expect an Answer by way of confutation thereunto in my next.

To the Right Honourable his Excellencie the Lord Fairfax, Generall of the Parliaments Forces for the Kingdom of England, and Dominion of VVales.

The Humble Petition and Addresses of the Officers and Souldiers in the &illegible; of Boston.

May it please your Excellency,

THe sense we have of the present distemperatures, and dangers of this Kingdom, and the strength of Reason we finde in your late Remonstrance presented to the House of Commons, have taken such hold of our judgements, as not only to approve of some just course, though extraordinary, in this Juncture of time, for the healing thereof; but withall, Humbly to tender our cheerfull and ready concurrence therein. And here we crave leave to expresse what we cannot seriously think of without regret, That since the Kingdom hath now been delivered the second time into the Parliaments hand, the chief Incendiaries, and Instruments of these late wars, have not been brought to publick Trial, and Iustice, for their wicked and Traiterous Designs, and attempts, whereby to deter others from the like for the future.

VVe therefore beseech your Excellency, as the good hand of God shall &illegible; you, to think of some Expedient, and to endeavour effectually that impartiall Iustice may have its free course, and the obstructions of it removed, that Government may have its due constitution, the people of England their iust Rights, and the Kingdom a speedy, and (through Gods blessing) a happy settlement. For the gaining of which, we shall faithfully serve your Excellency with our lives and fortunes.

Reader, because of concernment to the whole Kingdome, take here at large two Ordinances of the Lords and Commons Assembled in Parliament, concerning the Electing of all Officers in the City of London, and Liberties of the same, the one dated December 18. 1648. the other. December 20. 1648.

Die Lunæ 18. Decemb. 1648.

THe Lords and Commons Assembled in Parliament do declare and Ordaine, and be it hereby Ordained by the said Lords and Commons, That no person whatsoever that hath been Imprisoned, or hath had his Estate sequestered for delinquency, or hath assisted the King against the Parliament in the first or second wars, or hath been aiding or assisting in bringing in the Scots Army to invade the Kingdome of England, or did subscribe, or Abet to the Treasonable Engagement in 1647. or that did Aide, Assist, or Abet the late Tumult within the Cities of London and Westminster, or the Counties of Kent, Essex, Middlesex, or Surrey, shall be Elected, Chosen, or put into the Office and place of Lord Maior, Alderman, Aldermans Deputy, Common Councell man, or into any office, or other place of trust within the City for the space of one whole yeare, or be capable to give his voice for chusing any person to any the offices aforesaid.

And it is hereby further ordained by the Authority aforesaid, that if any person, or persons comprehended under the aforesaid Exceptions, being chosen, shall presume to sit in the Court of Aldermen, Common-Councel, &c. or execute any of the aforesaid offices, contrary to the true intent of this Ordinance, shall forfeit the sum of two hundered pounds, the one halfe whereof shall be within twenty daies paid unto him, or them that shall make proofe thereof, and the other Moiety to be paid unto the Treasurers appointed by Parliament, for the use and relief of the maimed souldiers; and it is hereby declared, that all such Elections are null, and void, and the Lord Maior for the time being, is hereby required from time to time to give order, that this Ordinance be published at all Elections, and that the same be strictly and punctually observed, as also by affording the liberty of the Pole, it being required by any of the Electors present; and for the better execution of this present Ordinance, be it further Ordained, That the Lord Maior of London, the Sheriffs, and Aldermen, and Justices of Peace within the said City of London, or any two of them shall, and are hereby authorized, and required to commit to prison all such persons, as after due proofe upon oath to be made unto them, or any two of them, of any person that shall make any disturbance, at any Election, contrary to this Ordinance, and to leavie the said Fine of two hundred pounds by &illegible; and sale of the goods of the person so offending contrary to this Ordinance.

John Brown, Clev. Parliamentorum.

Die Mercurii 20. December. 1648.

WHereas there is an Ordinance of the Lords and Commons assembled in Parliament, bearing date the 18 of December, 1648. for the choosing of Common Councel-men, and other Officers within the City of London and liberties thereof, for the yeare ensuing. The said Lords and Commons do further Declare and Ordaine, and be it hereby Ordained by the said Lords and Commons, that no person whatsoever that subscribed, promoted, or abetted any engagement in the Yeare 1648. relating to a personall Treaty with the King at London, shall be elected, chosen or put into any of the Offices, or places expressed in the aforesaid Ordinance, under the penalty contained in the same, upon the other excepted persons, and to be Jevyed according to the provision of the said Ordinance; and the Lord Maior for the time being, is hereby required that this Ordinance, with the other, be published at all Elections, and strictly and punctually observed, according to the true intent and meaning hereof.

John Brown, Cleric. Parliamentorum.

By the Maior.

THese are to require you to publish this Ordinance, with the other, Dated the 18. of this instant moneth, at your elections, and that the same be strictly and punctually observed, according to the true intent and meaning of the same, this 20 day of December, 1648.

Michel.

From Warsoviz the 20 of November.

The 14 instant Prince Charles came hither again to take his old lodgings, he being not in a capacity to remaine there, whilst he had any pretentions to the Crowne of Poland, and the same day of his arrivall went to salute the Queene &illegible; of Poland, who did that day goe abroad, being the first time since her sicknesse; her Maiesty being carried into the hall, where lay the corps of her deceased husband, and was brought to her place appointed by the Popes Nuntio, the Count Arpajou, Ambassadour extraordinary for France, together with the rest of the other Ambassadours This day came Intelligence of the Cosacques comming before &illegible; & have close besiedged it. The 17 instant, the Assembly began to Vote about the Election of a new King, the Archbishop of &illegible; having his Pontificall habit, and kneeling in the middle of the Assembly, they sung the &illegible; Creator, which being ended, the great Circle, composed of all the States of the Kingdome, was devided into severall parts, each Palatine making a small Circle, every one of the Gentry did write in a ticket whom he Elected for King, and therein did nominate Iohn Casimer Son, and brother to the King of Poland, for their King, Then each Palatine having gathered the tickets, did nominate one for each County, the Palatine of &illegible; being the first, and so the rest according to their degree, the Bishops having yeelded the right of preheminence; which they pretend unto the Palatins, being obliged in this action in a particular manner, seeing here is a concernment for the Armies, where every Gentleman hath the power to Vote severally, the least of them being able by this opposition to hinder the Election, seeing it is to be done, Nomine contradicente; All the Palatins having given their Vote for Prince Iohn Casimer, who is to name him, without whom the Election is not firme, did deliver the 18. Instant unto the Embassadours, who were sent before from that Prince, the conditions, or Articles wherewith the Crowne was offered unto him, but that day it could not be decided, and so deferred till the next, by reason the Embassadours were loath to give way to the consenting unto those Articles, as they were presented; and the businesse is so agitated, that this Prince is invested with the Crowne, under the same conditions that his deceased father did enjoy it, there being no new addition made, but all as it was formerly: all the which Articles he is to swear too to morrow; but before his Nomination, the Archbishop did kneel down to intreat God to give a blessing upon the work which he was going to accomplish, and after a short prayer he stood up and spoke with a loud voice, that by vertue of the power granted unto him, he did name the Prince Iohn Casimer King of Poland, and great Duke of Lithuania, and immediatly the Assembly did shout and say, Vivat and presently the great Marshalls of the kingdome, and those of the Dutches did proclaime the same in all places where it is accustomed and chiefly in the 4 entries to the Camp, where the Assembly was seated.

This Archb. did thereupon begin the Te Drum, and the Ordnance plaid their part in acknowledgment of joy, together with the sound of Trumpets, and other instruments. There was sent immediately a Gentleman to bring the news to this Prince, who was come hither Incognito 2 dayes before, and he would carrie the news himselfe unto the Queen, being alwaies near her Palace, and not absenting himself, but only to give his hand to kisse, unto those that came from the Assembly; where they have agreed to Crowne the new King, upon the 17 of Ianuary next: and the more to encrease our joy for this Election, here are arrived Deputies from &illegible; Generall of the Cosacks, who do not only desire a Treaty, but moreover submit to the new Kings Commands, whatsoever they are, declaring, that their taking up armes, was onely to free themselves from the oppression of Duke Wiesuiewitz, and the Generall &illegible; against whom they have heretofore made heavie Complaints, in so much that it is very likely that this Election will bring much tranquilitie and peace to the Kingdome.

From Naples Novemb. 27.

The 16 Instant, the Spanish souldiers taking some goods from our Citizens, without paying for it, caused such an uprore thereabouts, that there appeared no lesse then fourscore thousand in armes in this City, where they were resolved to kill all that were in opposition, being of the Spanish party, but all this was prevented by the good order and care of Count de Ognate, our vice King, who fearing least this rising might draw to an ill consequence, did immediately give Command to our chiefe Citizens to take up Armes, and so to oppose this rising of the common people, whereof fourty were made prisoners, and of them 3. were condemned to be hanged the same day, but even at the time of execution they were saved by the Prince de &illegible; who got a pardon for them, together with some Deputies from the people, who obtained the same from our Vice King. But for all this, another rising did again break out the 26. instant, against the Spanish party, and this to be executed at the time when the Spaniards should go to the Vicaridge, which is the Common prison; this resolution being knowne by the Vice King, he did prevent the execution thereof, and having the greatest part of the Nobility with him, all on horse-back, did ride through the severall wards of the City, to keep every one quiet, being now resolved to builde a new Port at Pizzo Falcone, that so he may keep the people more in awe, and hinder further harmes. The body of horse that belongeth to this City hath been sent back again to Averso, where they have their winter quarters. The Prince of Traja, and the Duke of &illegible; who were like to have sought a Duell, have been reconciled, but withall, are both sent prisoners to one of our Castles.

From Rome the 30. Dito.

In the last Consistorie held here, the Cardinal la Cueva, did motion concerning the Bishoprick of St. Dominick, in the West-Indies, to be conferred upon Master Guido Lupo, the Cardinal Luigo, that of Cajazzo in Corsica, for Mr. Francisco Perini the Cardinal Vesim; that of Bayeax in France, for the Abbot Mali, Sonne to the first President of the Count of Parlement, at Paru, and the Cardinal Rondanini, that of Astoli in the Kingdome of Naples for Mr. Castel Tomara; The Pope hath also appointed the Lord Elci, Archbishop of Pisa, to be Nuntio in Extraordinary to the Kingdome of Poland.

From Venice the 2. of December.

We have received the confirmation concerning our Fleet, that they are still before the Dardanelles, that they have lately surprized the Island of Lesbos, seated in the Archipelago, being an Island about 70. miles compasse, the place being so fruitfull in all things that are necessary for mans life, that it hath stood us in much stead for to refresh our men, who are much tired and wearie of their hard duty and service; there also we have landed some forces, and put there our sick men to secke their recovery. Our General hath given Order for the building of severall Forts, and Blockhouses, the better to secure that place; but we heare moreover, that the Turkes doe continue with much fiercenesse to assault the Citie of Candia, although it is certaine, that since they sate downe before it, they have lost above 25000. men, having endeavoured to take it by storme, and being repulsed thirty eight times, in fourteen moneths space, that they have besieged it, and having made uselesse, 22. of their Mines. The General Foscolo is at last gone from Zara, in Dalmatia, having seventie saile of Ships, with an intent to goe for Castel Novo, which place he intends to besiege; he hath with him 12000. fighting men, which are to be landed, and immediately fifteen thousand more are to follow for a supply, being raised in severall parts, and are to meet at the Rendezvous, which is to be at Montenegro.

From Milan the 3. Dito.

The Marquis of Caracene our Governour, hath sent to the State of Luca Dom Gieronimo de Stampia, who is Lieutenant to our Field Marshall General, his journey is to no other end, but to Complement that State, and to returne him thanks for their congratulation at his first comming to this Citie.

From Genoa the 7.

The first instant there were lots drawn here, as the custome is; five chief Lords are appointed to be as chiefe Governours of this State; these five are Gio. Francisco Scaglia, Carlo Imperiale, and Antonio Cassela, for Senatours; Stephano de Nagro, and Gio Battista Baliano for Procurators.

From Hanaw the 13. Dito.

The French forces, who are under the command of Colonel Shomberg, having taken their Quarter the fifth instant, at the Towne called Bergheim, the next morning fell upon the Colonell Welal Imperialist, who was quarrerd in a Village neare Franckfort, and upon some quarrell, they came to blowes, many of the Imperialists being slaine, about twenty taken prisoners, together with the Colonel, and the rest forced to flie.

From Munster in &illegible; the 14. Dito.

The Estates doe still continue their Assemblies in these parts, about the raising of those summes of moneys that are to be paid unto the Swedish Army, before they depart from hence, and in the meane time, that the whole be levied; it is agreed, that although they doe not so soone quit the Countrey, yet those in the Country Villages, that shall have contributed towards their satisfaction, shall forthwith be freed from quartering, or billeting any souldiers for the future, during their abode here. The Count of Nassaw his sonne, who had been sent to Vienna, with the Instrumentum Pacu, for a general peace, is returned back hither, with the Emperours ratification to it, and the same day, the Plenipotentiaries for the Emperour did communicate the businesse unto Count Oxenstern, Pleniporentiarie for Sweden. The same day was made proclamation from the Emperour through this City, commanding expresly to all his Subjects, to observe punctually the late Treatie of peace, and not to make any infraction to it. The most part of the Lorraine Officers are gone from this Citie, to conferre with the Commissioners appointed for the Armies, what course they intend to take for their subsistence. The Lieutenant General Geis, who is Commander in chiefe of the Hessish forces, is still at Corsfield, where its said he is to be all the winter.

From Amsterdam the same day.

Three Regiments of horse, and two of foot, of the Lorraine forces, being lately gone from Eisfield, to take their winter Quarters in Lukeland. 300. of the Country people in the Circle of Stockeim did gather in a body, thinking to have opposed them at their first comming, but they were so ill handled by these new guests, that it is said, the greater number of them were slaine upon the place by the souldiers, and all the rest taken prisoners.

From Tarin the 4. of Decemb.

The Savoy forces are all gone to their Winter quarters, but the French forces are marched towards Langhi, and the Duke of Modena hath sent his troupes into the Countrey of Mirandula, Novellare, and other lands belonging to the Empire, whilst he receives the Orders from France for their march. The forces of Milan have also taken their Winter quarters, after the whole army hath been reformed at their last generall Master, viz. of the horse at Verceil, whereof ten companies of that State, and two of Neapolitanes are to be reformed; and the foot mustered at Vigevano, whereof seven Regiments were also reformed, viz. two Spanish of D. Antonio de Leon, and D. Fernando Garandi de Ravanal, and three Neapolitanes, who are those of the D. de Siano, Prince Montesarchio, and Federico Barile, besides those of the Earl of Bortomea, and Sarritatne, both being foot, come from Lumbardie, and two other high Durch, one foot and the other horse of Lieut. Col. Forchaim; and by reason all the champion countrey of Milaneze, is even ruinated totally therefore the souldiers have been sent to quarter about the rivers Adde and Tesit. The Marquesse de Garccena their Governour was resolued to compell the inhabitants of Vigevano to acknowledge the Marquesse Cesare Visconti for their Lord, and so to confirm the purchase which he hath made some months since from the Chamber of the Dutchie at Milan, in the name of his Cathelick Majestie; but finding that they were all fully resolved to stand it out to the last before they would suffer such an alienation to take place, he hath therefore changed the Orders he had given before untosome Regiments of foot, to sease upon Vigevano, and so to compell them to accept their new Lord. Some few dayes since a party of souldiers come form Alexandria, have surpris’d Capriats, a small place in Monteferrati, which they have totally plundred.

Vienna, the 27 of Novemb.

Some few dayes ago the Count Bouchaim, Field-Marshall Generall of the Imperiall Army, the Count of Colobart, and some other Officers, whom the Sweades have kept prisoners some moneths in the Castle of Prague, are arrived here to this City, being come upon their Parole, before the peace was proclaimed through Germany; it is said, that the first of these two shall be Commander in chief of all the forces within the Emperors hereditarie countries, and in that quality he shall have the chief Command of the 15 Regiments of this Army, who are sent to take up their Winter quarters in Anstria. The Emperour as yet is not gone from hence, having deserted his intended journey to Presbourg in Hungaria till the beginning of January next, by reason that the Diet to be kept there for the chusing of a Palatin of Hungaria, is not to begin till that time. We heare from &illegible; in Silesia, that there hath hapned lately a great fire in that place, which begun through the neglect of a woman, and it burnt to that extremity, that above one hundred and fifty houses have been consumed thereby, with the loss of two hundred Boats and Barges; many persons burned and drowned, with much cattle.

From &illegible; the 3. of Decemb.

The Seates of Suaben are assembled in this City, and those of Franconia at Bamberg, to finde out the meanes to raise moneys for paiment of the Swedish Army; the time for the first paiment being almost come. We hear also that the Emperour doth demand from the City of Vienna two hundred thousand guilders, for the payment of the Swedish forces that are in Silesia, & Moravia, according as it is contained in the Treaty for Peace. We hear from Ausburgh, that the Protestants had no sooner heard the confirmation of the Peace, but immediately they did summon the Papists to deliver them up all such places which they unlawfully detained from them, and had enjoyed this many yeares, by no other title then the power of the Sword; to which the Papists replied, that they would be gone, and yeeld them up, but not till the Emperour had declared by Proclamation his good pleasure therein.

From Hamborough, Decemb. 4.

The King of Denmarke is come to Koppenhagen, to be present at the Funeralls of his deceased father, and great preparations are made there for the Coronation of the new King, which is to be kept in that City, upon the fifth instant, and three dayes after is the day for Crowning of his Queen. The Sweades at Bremen do sell the most part of their ammunition, which makes men to be in good hopes of peace.

From Frankford upon the Maine, the 13. Decemb.

The eleventh instant two French Regiments did passe by this river, and are drawing towards the Rhine, as it is thought, intending to go quarter at Moguntia and &illegible; and so along in the County of Rhingaw, but they are forced to march in a full body, by reason he Spanish Garrison at Frankendale doth continually send parties abroad, chiefly about the City Moguntz, and all those parts.

From Cullen the 15. of Decemb.

Our Elector had set a Tax upon all the Country of Lukeland, as upon the rest of the Empire, but they have excused themselves for the payment, saying, they are none of the number of Estates, as in that respect, seeing they never had any Place or Vote in the Imperiall Diets; and although they be under the protection of the Empire, yet with this Proviso, that in case only of a Turkish invasion, they are bound to furnish a number of souldiers to the Emperour, but not in any other way.

From Toulon, the same day.

Foure of our ships being made ready to go out as private men of war, being at sea, were separated by foule weather; two of them have taken, in the sight of the City of Naples, two &illegible; the one with four thousand sacks of corne in her, and the other laden with &illegible; the other two ships also much about that time did meete with a ship that had store of Spices in her, and had a Spanish Convoy, being a ship of 37. peeces of Ordnance, and &illegible; a sore sight betwixt them, our ships became masters of, both which they afterwards brought into Porto Longone.

Westminster the 19 of December.

The Commons vote, that the Committee of Goldsmiths Hall should give an account of all the severall summes, due by Delinquents, upon the first and second payments, and how long the same hath been due, and by whom, and of the charge that lies upon the same, that the surplusage may be knowne; and further, that the Estates of the said severall Delinquents, who have not paid in their Fines, or second payments, be forthwith resequestred, untill they make payment of the summes due by them; And that the said Committee doe forthwith put the same in execution, and make report thereof to the House with speed. And for the better effecting hereof, and more speedie advance of moneyes for publick service they ordered that an Ordinance should be brought in, to enable the Committee at Goldsmiths Hall to send certaine Messengers into every County of the Kingdome, to resequester such Delinquents, who have, or shall make any such default. Though Delinquents have been too much favoured by some in this case of non payment their last &illegible; yet the providence is very great, that so great a &illegible; thereby should now become due, and be imployed for a contrary use then our enemies first intended. The Judges complaine their stipends of a 1000. l. per annum is not duly paid them out of the customes. The House enjoynes the Commissioners of the Customes to make speedie payment thereof. For what? Have not we now as much iniustice, bribery, extertion, and exacting of Fees (which neither the Judges, or their Clerks can pretend any Law or Customes for, &illegible; of their own making, within these few yeares:) Had Iudges of late years but 50. l. per annum, allowed per Roy, and yet gave many thousands for their places, which occasioned their &illegible; and all other Clerks to be so augmented, and still &illegible; to the utter us doing of the free people of this Nation) and have not these Judges now their places given them for nought, and beside this 1000. l. per annum, a peece allowed them &illegible; must not their uniust &illegible; Fees be yet &illegible; Is this the Reso mation of our best refined members, surely its high time we had an &illegible; representative. The Earle of Pembroke made Constable of the honnor and Castle of Windsor, and to have the custody of the Parke thereunto belonging, called the great Parke of Windsor; Must the poore people of England sell their clothes, and pawne their Estates to pay taxes, and so many Parkes and Forests (kept up for the Iusts of Tyrants, and at first most of their grounds inclosed, and fores from the people) not yet disposed of for the case of the people, how might this Army be maintained, and publique debts paid by sale of Forest Land, and many unnecessary Parkes in this Kingdome: by Kings, Queens, and Princes Revenues, benefit of the great Offices and places of the Kingdome (which the Members of Parliament &illegible; now enjoy, contrary to an Ordinance of their owne making) Deanes and Charters Lands, and severall other great &illegible; (which now sell in byright and Conquest, to the free people of England, having been at first extorted and since kept from them by and &illegible; the Conquest) and without &illegible; any assessements upon the people, and yet no care taken by Parliament to case them, or keep them from starving, but their burdens rather made heavier then ever.

December 20.

The Committee formerly appointed to consider of the manner of the dissent to the Vote of that House 5. Decem. 1648. That the Kings Answer was a ground for setling the Peace of the Kingdom, reports the same this day, which was thus. That every &illegible; should rise up from his scare in the House and declare that he dissents to the said Vote; the House approving hereof, severall Members, to the number of about forty, stood up one after another, and declared their dissents, which the Clerke entred particularly in the Journall. The Members names should have been inserted, if wise men had not thought it might have proved very inconvenient to them. This done, the House thought it very requisite that any Member might have liberty to express to the House, that he disapproves of the said Vote of the 5. Decemb. 1648. and therefore past a Vote to that purpose: and because the Kingdom may be the better satisfied herein, and upon what grounds they have retracted and &illegible; former Votes, in relation to the Treaty, & otherwise, they named a Committee to draw a Declaration concerning the same, upon reading whereof they doubt not but the Kingdom will be well satisfied. They impower the Committee of Lincolne to raise 2000. l. for the forces before Pontefract and Scarborough by voluntary contributions of the welaffected. Approve of what the Committees of Notringham and Derby have done for reliefe of the besiegers of those two Castles. Pass an Ordinance for disabling such as signed the City Petition concerning the Treaty, to be chosen Common-counsel men. Renew their last message to his Excellency, for restitution of their secluded members.

Decemb. 21.

They vote the former Order touching the last six moneths assesments for the Army to be renewed, and that the Committee of the Army do forthwith prepare and bring in an Ordinance, impowring them, and the Treasurers at warre for the speedy bringing in, and issuing forth of the last six moneths assesments for the Army, so as may be most for the safety of the Kingdom, and satisfaction of the Army. This is good newes for the poor souldiery. They make stay of the 2000. l. formerly given by the Kings friends in the House to M. Pecke (a Member) and appoint a Committee to examine upon what grounds it was given. They might do well to examine the grounds and causes of many other gifts to other Members (I mean all in generall) and I am sure they would finde but little cause for many great donations. A Committee was appointed to view all the Treasuries in London, and elsewhere, in relation to the publike, and see how their Books stand, and what moneys are charged thereupon, and what arreares are due to them, and likewise what anticipations have been made, and moneyes given out, and to whom: Indeed this is to purpose, you may be good &illegible; in time. They gave thanks to the welaffected of &illegible; for their good affections, in petitioning them for Justice upon Delinquents; But when shall it be executed, that Gods wrath may be diverted from this poor Nation.

The 21. Was the Fast.

Dece. 25. A Letter this day from before Pontefract saith thus: I heare Bethel is like to be Governour of Scarbrough Castle, I wish it might either be slighted, or a right man put into it, and not a Jugler, a Clawback, &c. I perceive the King is comming to Windsor, and the old Cobweb made Constable of the Castle; I pray God all may be well there, take heed who you trust. Our guns and provisions are now come to Hull, and the Major Generall hath sent the Fire-master, and some Gunners for them, so they will be here, we hope, this next weeke, and then he will proceede to battery and mining; the next week Coll. Rodes his Regiment of horse is to be disbanded; some of the Lancaster Officers have sent a Petition to his Excellency, by way of compliance with the Remonstrance, so that there is no cause for the Malignants false reports: This day we had a Councell of War, and one Captain Wharton was cashitred. For better satisfaction take the Petition of the honest Lanca forces at large.

To his Excellency the Lord Fairfax, Lord Generall of all the forces for the &illegible; of England.

The humble Petition of certain Officers of the County of Lancaster, whose names were thereunto subscribed.

Humbly sheweth,

WHereas your Petitioners have cordially ingaged for the common interest of Freedome and Liberty, against the King and his party that labour to set up his Power and Will, ever since the beginning of these unnaturall wars, having been therein (through the goodness of God) preserved in our integrities against the self interest, and faction of all backsliders and corrupted parties, both in our County and elsewhere; and having with comfort seen how God &illegible; owned the Army under your Excellencies Command, with part of which we have oft engaged, (especially in this last war) and whom we account the only visible means and instruments, next under God, to put a period to our miseries, and to preserve us from the evill of wicked and corrupted parties; and having now at the last extricated our selves from those commands that hitherto letted us.

Do most humbly declare our earnest desires, and ready compliance to joyn with the Army, under your Excellencies Command, for the pursuance of all those just ends you have remonstrated and declared; and do further humbly desire (though unworthy) to be entertained under your Excellencies Command; and that we may have Captaine Cromwell, son to the Honorable Lieut. Gen. Cromwell for our Collonell, And this we commend to your Excellencies consideration, wishing that God in his mercy may prosper all your undertakings.

23. December.

A Letter came from the Prince Elector, complaining of his great want of the yearely stipend, which the Parliament formerly ordered for his maintenance, which the House referred to a Committee, chosen for the consideration thereof The House being informed that his Majesty was brought to Windsor, by a Brigade of the Armies horse, nominated a Committee, to consider how to proceed in a way of Iustice against the King, and other capitoll offenders, and that the said Committee doe present their opinions thereupon to the House with speed; And that they have power to send for persons, papers, &illegible; and Records: A Petition came from the well-affected of the County of Kent, to the same purpose with this, presented to his Excellency, which take here at large.

To his Excellency and generall Councell of Warre

The humble Proposals of divers of the well affected to the County of Kent, the City and County of Canterbury, together with the &illegible; Ports.

AS we desire to eye, and blesse the Almighty in those great and almost miraculous things, which he hath done by you for the publique: So likewise we conceive our selves bound, gratefully to acknowledge our reall obligations, viz. to your selves, for all your vigilant care, and indefatigable endeavours therein, constantly and faithfully, notwithstanding all opposition of open enemies, and Apostate friends; And because we believe that there is in you a readiness to hearken to, and a Candor to judge of whatever may be proposed unto you, in the pursuit of those things that may conduce to the reall welfare, and safety of the well-affected people; We doe therefore take leave hereby, to present these ensuing particulars to your serious consideration. First, that you prosecute the execution of Justice upon the person of the King, and to proceed to the prosecution of your Resolves, in your Remonstrance, touching the Prince, and the Duke of Yorke. Secondly that you pursue the prosecution of Justice upon Duke Hamilton, together with the rest of the Invaders, and inviters of them to that treasonable Act. as well English, as Scots. Thirdly that you pursue Justice upon some few of the chief Actors, in the late Rebellion in Kent, and upon the chiefe Agents in the Revolt of the Navie. Fourthly, that Iustice be executed upon some of the chief Actors, in the invasion made by the Prince, and the forces under his Command since the revolt of the Navie. Fifthly, that the Citie of London be setled in such hands, as may disable it for disservice, and Render it in a posture serviceable to the Publique; so that you may with safety march from, and returne to it upon all occasions Sixthly, that a way may be thought upon for a correspondency with the Navie, so as that there may be an unanimous consent in all actings, between the forces by Sea and Land, And lastly, that the Militia of this County may be speedily setled.

The House spent some time in debate thereof, and ordered, that the Committee formerly appointed to receive Information against Members of the House that have received bribes, should be revived, and ordered about twenty more Members to be added to the said Committee. The Petitioners being called in, the House gave them this Answer, That many things mentioned in the said Petition were already under consideration, and that they had renewed the Committee for bribes to Members; That there hath been alwayes found a welaffected party in that County, and did looke upon them as part of them; And did returne them the hearty thankes of the House for their good affections. Some Aldermen of the City presented their Petition from the City, complayning that they could not finde so many in the City to make Common-Counsell men, unlesse they choose such as had subscribed the City Petition for a Treaty with his Majeste, which was contrary to the Ordinance of Parliament, desiring their speedie direction therein; The House named a Committee to consider thereof. Are not these pure whelps, that amongst three or foure thousand Citizens, wee should not finde 500. men capable to be elected for Common-Councell; it behaves the well-affected in the City to vindicate themselves of this great aspersion herein. This day came certaine newes, of the surrender of &illegible; upon Articles. The Governour to have leave to goe beyond Seas, and stay in England till March next, to endeavour to make his Composition; His Officers and souldiers to have Passes, to goe to their severall homes, there to remaine without interruption. There was found in the Castle fifty firkins of Butter, and about sixty Barrels of Powder, Rye in great plenty, besides ships were under saile to relieve it, which the besiegers could not avoid, having no shipping against them to prevent it.

Sir,

I am sorry there should be the least ground of iealousie or Cause of any report, that honest Col. Ayers, Governor of Hurst Castle should refuse to deliver us the King: If I had not been satisfied it was the report of the Malignants, I should have been more troubled at it: When we came with him to Winchester, the wise Mayor, and Aldermen of that Corporation came to meet him at the Towns end with a learned Speech, and (according to former custome) presented their Mace unto his Maiesty; The Commander in chief came afterwards to the Mayor, and told him that the House had Voted that no Addresses should be made to, or received from the King, and that such as did either, were declared to be Praytors. That himself in making this Addresse, had brought himself and his Brethren within the compasse of this Vote, and that they must all be proceeded against as Rebels and Traytors The Mayor and his brethren being much terrified herewith, some of them became humble suitors to the Col. that Commanded the Brigade, to mediate for them to the Parliament for mercy, as being ignorant and simple of any such Votes and Proceedings of Parliament, begging with much importunity, for pardon for what they had done and they should ever be more cautious what they did in the like case for the future. His Maiesty comming to Bagshot, after dinner, called for his Coach, which they told him was gone before, he them Commanded his Horse, which he perceiving lame, asked his Groom how he came so? he answered, That since his Maiesties comming into that Town, a piece of a nail had unfortunately ran into his foot, at which his Maiestie was much troubled, and swore severall Oaths, he knew not then what to do; a Knight hereupon neer that Town, sent him a brave Gelding, which the Party was somewhat fearfull might be light of foot for them, therefore some good horse were Commanded for flankers, till he came off the Downs, he rode very fast, but when all things are considered, you’l finde he might have taken more leisure.

Westminster Decemb. 25.

The Commons Voted that a Letter should be sent from the House by way of encouragement to the County of Sommerset, to go on with setling their Association with well-affected people, and forces in the Counties adiacent. They Ordered Maior &illegible; 1000. li. in part of a greater sum, to be charged on the Excise in course, with 8 li. per cent. per annum, from May 7. 1643. (most part of it being lent moneys since that time, and for three hundred pound thereof he hath paid interest out of his purse.) Seven Members of the House declared their dissents to the Vote of December 5. 1648. The Committee named on Saturday last to consider how to proceed in a way of Iustice against the King, was enioyned to meet this afternoon. The Ordinance concerning the Militia of the Kingdome is to be reported to morrow. Most part of the day was spent in Debate whether the secluded Members should be re-admitted, or not, but came to no result. Maior Pither was to have been executed this day at Pauls, but it seems is reprieved. The News from France is extraordinary, the people having &illegible; Paris, and resolve to be as free men, (God assisting them) as we are, or hope to be, in this Nation.

FINIS.

The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.

IN answer to, and confutation of Belloy his opinion, in my last mentioned, I shall only offer this, That heirs apparent are not true Kings, untill their Coronation, how just soever their Title of succession otherwise be; and though their predecessors be dead; it might be confirmed by many other Arguments, but especially, and above all others that, for that the Realm is asked again three times at their Coronation, whether they will have such a man to be King, or no? Which was in vain to ask, if he was truly King, as Belloy faith, before his Coronation.

Again, we see in all the forms, and different manners of Coronation, that after the Prince hath sworn divers times to Govern well and justly, then do the people take other Oaths of obedience and Allegiance, and not before, which argueth, that they were not bound unto him by Allegiance. And for the Princes of England, it is expresly noted by English Historiographers, in their Coronations, how that no Allegiance is due unto them before they be Crowned, and that only it happened to Henry the fifth, among all other Kings, his predecessor to have this priviledge, and this for his exceeding towardinesse, and the great affection of the people towards him, that he had Homage done unto him before he took his Coronation, Oath, whereof Polydor writeth to this purpose: That this Prince Henry, after he had finished his fathers Funerals, caused a Parliament to be gathered at &illegible; where, whilest consultation was bad, according to the ancient custome of England, about creating a new King; behold, certain of the Nobility of their own free wills, began to swear Obedience, and Loyalty to him, which demonstration of Love and good will, is well known, that it was &illegible; showed to any Prime before, untill he was declared King. Polydor Vug. Lib. 23. Histor. Anglia, in vita Henrici 5. And the very same thing expresseth Iohn Stow also, In his Chronicle, in these words, To this Noble Prince, by assent of the Parliament, all the States of the Realm after three daies, offered to do featly before they were Crowned (so willing is man to &illegible; himself to Tyrannie) or had solemnized his Oath well and justly to Govern the Common-wealth, which offer before was never sound to be given to any P. of Engl. Stow in the beginning of the life of K. H. 5. In whose Narration, as also of that of Polydor, it may be noted, that King Henry the 5. was not called King, till after his Coronation, but only Prince, though his Father King Hen. 4. had been dead now almost a moneth before. And secondly, that the Parliament consulted de Rege creando more Majorun, as Polydor his words are, that is, making of a new King, according to the ancient Custome of their Ancesturs, which argueth, that he was not yet King, though his Father was dead, nor that the manner of our old English Ancestors was to accompt him so before his Admission.

Thirdly, that this good will of the Nobility (his Majesties fawning favourites) to acknowledge him for King before his Coronation, was very extraordinary, and of meere good will (and therefore a president not binding) And lastly, that this was never done to any before King Hen. 5. All which points doe demonstrate, that it is the Coronation, and Admission that maketh a perfect and true King, whatsoever his Title of succession be othervvise; And that except the Admission of the Common-wealth be joyned to his succession, it is not sufficient to make a lawfull King.

This I might prove by many examples in England, where admission hath prevailed against Right of succession; as in William Rusus, that succeeded the Conquerour; And in King Henry the first his Brother: In King Stephen, King John, and others, who by only admission of the Realme were Kings, against the order of succession, and very specially it may be seene in the two examples before mentioned, in King Henry and Edward, both surnamed the 4th. whose entrances to the Crowne, if a man doe well consider, he shall finde, that both of them founded the best part, and most surest of their Thles upon the Election, consent, and good will of the people; yea, both of them at their dying dayes, having some remorse of Conscience (as it seemed) for they had caused so many men to die for maintenance of their severall rights and titles, had no better way to appease their owne mindes, but by thinking that they were placed in that Roome by the voice of the Realme, and consequently, might Lawfully defend the same, and punish such as went about to deprive them.

You shall finde, if you look into the actions of Princes in all Ages, that such Kings were most politique, and had the least doubt or suspition of troubles, about their Titles after their deaths, who have caused their sons to be Crowned in their own dayes, trusting more to this, then to their title by succession, though they were never so lawfully and lineally discended; and of this &illegible; could alledge you many examples out of divers Countries, but especially out of France, since the last line of Capelus came unto that Crown, for thus did Hugh Capelus himself procure to be done to Robert his eldest son in his own dayes; and the like did King Robert procure for his younger son, Henry the first, as Gerard holdeth, and excluded his elder son, only by Crowning Henry in his own dayes; Henry also did invente the Stake of France to admit and Crown Phillip the first, his eldest son, while himself raigned, &illegible; 1131. And this mans son, Lawes le cros did the same also unto two sons of his, first, to Phillip, and after his death to Lewis the younger both which were Crowned in their fathers life time; and this Lewis the younger, which is the seventh of that name, for more assuring of his son, named Phillip the second, intreated the Realme to admit and Crown him also in his own dayes, which was done with great solemnity.

And for this very same cause of security, it is not to be doubted, but that alwayes the Prince of Spaine is sworne and admitted by the Realme during his fathers Raigne, the same consideration also moved King David, 2 Kings 1. to Crown his son Solomon in his own dayes. Our King Hen. also, the second of England, considering the alteration of that Realm, which had admitted King Stephen before him, against the Order of lineall succession by propinquity of bloud, and fearing that the like might happen also after him, caused his eldest son, named likewise Henry, to be Crowned in his life time, so as England had two King Henries living at one time with equall Authority, and this was done in the sixteenth year of his Raigne and in the year of our Lord 1170, Hereby it is evident what the opinion of the world was in those daies of the force of Coronation, and admission of the Common wealth, and how little or nothing at all propinquity of blood prevaileth—Election and Admission of the people.

Some Propositions made at the Hague by the Portugall Embassadour, about their difference concerning Brazill.

My Lords,

I Doe not much wonder that it hath been the generall conceit, that the chelf end and principall aime was to hinder the generall peace at Munster, and besides, to hinder you from those proceedings which you have already begun, and continue still for the waging warre against us in Brazill: seeing that you marvell at the severall things propounded by me, both before you and your Commissioners as well now, as formerly, I make no mention of any restitution to be made by us unto you, about those things which are now in agitation, my demands being so reasonible, and yet that none of them should be accepted, but totally rejected: but I much more wonder, that having declared my selfe so plaintly, and in termes so satisfactory, that yet there should remaine in the mindes of many a sctuple, and doubt concerning me, and should question my sincerity. This hath therefore enforced me, being not able any longer to represent unto you my intentions, and desires in writing, and not intending to attend the conference so long expected, which hitherto I have waited for in vaine; therefore I thought it most expedient to come in person, to ratifie what I have formerly made knowne unto you, either by writing, or by meanes of your Commissioners, that all the reasons and strong arguments which I have produced hitherto, for a good union and continuation of peace and unity betwixt us, doe prove fruitlesse; you will at least beare witnesse, how with all care and diligence I have endeavoured, and sought all meanes possible, which might conduce to the effecting of so high a worke. Now once more I let you understand, that my Master never had any designe to hinder, or let in any wise, the conclusion of a generall peace at Munster, seeing that he never had any further intent then to settle a firme and lasting peace betwixt you and us.

As concerning your preparations by Sea, you may doe in that, as in other things, according as it shall seeme best unto you; for my part, I wish that our Army may not goe forward, as it is intended, or if they meete, that all on both sides, instead of blowes and bloodshed, may embrace each other; but this happinesse depends wholly upon you, seeing the businesse is already so farre gone that in a very short time all may be happily concluded, and to make the sooner dispatch, and end our controversie, I doe engage my selfe, to give all the help and assistance that may be expected from me in that behalfe, provided you will only be pleased to furnish me with a ship, to goe from hence unto Bazill, where being safely arrived, I shall not faile to deliver up unto those whom you will appoint, all those places which I have promised to do so many times, in the name of my Master the King of Portugal, and withall, will engage my selfe to use all meanes, both of clemency, or else by violence for the effecting of these things; and if I have not a sufficient strength with me, doubtlesse you will not deny me a supply of your own forces upon an urgent occasion; so that the maine businesse doth wholly lie upon you, for I assure you, that I have an absolute power from the King my Master, to yeild, agree, and confirme any thing, which shall be found reasonable, that so I may put a period unto this Treaty betwixt us: And I hold it not a thing much necessary to give hostages on both sides, being it will take up much time, and perhaps yield little fruit, and hinder the progresse of so good a worke, and it may be wholly and totally ruine it, as is usually seen in the like delayes, and tedious workings; neverthelesse, I am not bent against the giving of Hostages, but only that I hold it not fit, that the concluding of a peace should be deferrod till such time as they are given on both sides, therefore, if so be my counsell might be followed, my opinion is, that an Expresse might be sent speedily to Brazill, that immediately upon his arrivall there, all Acts of hostility may cease on both sides, till such time as we can make a totall and finall conclusion: for I hold it no point of justice to suffer our men to fight in those parts, and to shed one anothers bloud, whilst we should be here treating for peace, and I hold it faire better, when there is a necessitie for it, to spend our lives in a good cause, and for a good occasion, as would be in any service done for the good of these two Nations, and I doubt not, God willing, but to see a firme and well-grounded peace between us, wherein I shall have the honour to have much contributed.

The Life and Death of the Marquis Ville, Lieutenant Generall of the French Armies in Italy.

The &illegible; Guido di Monto Bizzo, afterwards called by the name of Marquis Ville, whose life and death I intend here to set forth, was the eldest sonne of the deceased Marquis Francis Ville, of the Citie of Ferrara in Italy who was Knight of the Order of the Annunciate in the time of the first warres, that yet continue in Savoy and &illegible; and was since honoured with the Command of one hundred Curiassiers, appointed for the Life guard of Charles Emmanuel, Duke of Savoy, having also had the Command of 500. Italian Horse, having with his father followed both the Dukes of Savoy in their journey into Spaine, where his carriage was such, and so well taken by the Duke, that at his returne he was admitted by the said Duke for one of the Gentlemen of his Chamber; this was in the year &illegible; he being then 24. yeares of age, and so desiring to manifest how well he accepted the Fathers services in his life time, by his gratitude unto his sonne after the Fathers decease, he bestowed upon him the place of Captaine of his Guards, and then in the same yeare, he was married unto a great Lady, daughter to the Earle of Massins, also Knight of the same Order, who, besides a great portion in movable Goods, had also the Countie of Camerano annexed to it.

In the year, 1614 he was made one of the Councell of War, and a Colonel of twelve Companies of horse, which were raised by the State, and sent unto the Duke of Savoy in his first wars in Monteserrati. In 1615. the Duke did bestow upon him, for him and his heires, the Marquessat of Gigliano, as an acknowledgement of his good services in the first troubles in those parts, and chiefly at the Leaguer before Ast, where he received a musket shot. In 1618. at the encounter called De la Motte, he had, besides the command of the Guards, command of the Whit Cornets for the Nobility, where, with an undaunted courage he did bear the brunt of the enemies horse, although he was then sore wounded by a musket shot, which he received a little before; and having done the same at the battell of Lucedio, where he had two horses killed, and the third horse slightly wounded under him; after which this Duke chose him Commander in Chief of the Nobility & Gentry, with the Ycomandry who serve under the whit Cornets. In 1619. He made himself famous by his brave exploits performed at the sieges of Alba & St Damiano, where lighting from his horse, being assisted with a great number of the Gentry, he having also the Guards to second him, did set upon one of their Forts, where he followed the business so close, carriying it with such discertion, and followed it with so much valour and courage, that he became soone Master of the place, notwithstanding the strong opposition made by those that were within. In the &illegible; Dom &illegible; &illegible; a Romane, hapning to die, the Duke of Savoy seeing so &illegible; an opportunity offered him to acknowledge his great services, did destow upon him the place of Commissarie Generall of the horse which was void also by the death of the said Monsieur &illegible; and a while after he made him also Knight of the chief Order in that Countrey. In 1620. &illegible; continued to shew his valour at Bastignano, where he defeated a party of Spaniards commanded by Gambalotta, who were sent to relieve this place, being wounded in the hand at that encounter with the push of a pike; and at St. Germans he was shot in the legge by a musket: and seeing that the recompence ought not to be separated from glorious and noble actions, therefore the place of Lieutenant Generall of the horse, being void by the death of the Commander De la Monta, he was deemed to be worthy of it, and it was bestowed upon him: at that time his father was master of the Artillery to the Pope, and afterwards was made Generall of the horse: and in all the wars of Piemont, since he came to be Lieut. Generall of the horse, he did gallantly execute the place, under the Command of Prince Thomaso his Generall. In 1625. The Duke made him Maior Generall of all his Armies. In 1629. For a recompence of his good services, chiefly for that which he performed at severall skirmishes with the Enemy, attempting to pass over the river Tenaro; as also afterwards at the battell De la Vella, likewise at the taking of the places of Feltzzane, Ancons, and &illegible; Arrasst, in the wars made against the State of Genoa: as also at the taking the Towns and Castles of Ottagio Gani, and Savignone, and in that famous retreate made by Victor Amadeus, Duke of Savoy, when he was assailed by the Spanish Army, as he lay with his forces before Bastignano, as also by his great valour he shewed at the maintaniing a pass, and defending Ast against the Spaniard, also at the last retaking of Vorne, and since the gaining of Alba, Trin, Montecalvo, Potestrate, and other places in Monteserrato. The Duke Charles Emanuel being dead, his successor Victor Amadeus desiring also to gratifie him for his good services which he had done to his predecessour, and to him likewise in the defence of Vigone, and in the surprisall of the Fort of Bicherasco in the fight at Avigliano, and in many other actions, where he plaid the part of a brave Warriour, therefore he bestowed on him the lands of Deati, with all the profits and benefits thereof.

This same year he also carried himself valiantly, at the making good the passe of Susa, where the Duke of Savoy, and Prince Thomaso were both in person, and there he was dangerously hurt with a Musket shot, and for that brave action there performed, he had the permission to quarter the Armes of Savoy in his coate of Armes. In 1631. he was made by this Duke, Generall of all the horse. In 1636. The most Christian King Lewis the 13 of glorious memory, made him Major General of all his Armies in Italie. In the year 1639 Duke Victor Amadeus being dead, and the Duke Charles Emanuel the second succeeding him, who being in minority, and Madam Royale being his Mother, declared Regent, he was by her made Lieutenant Generall of her Armies in Savoy, in consideration of his good services performed by him since the war was proclaimed with the Spaniard, and State of Milan.

He hath likewise signalised himself at the taking of the fort of Valentia, as also at the skirmishing with the enemy at Frescarolo, and at the taking of the forts of Canat, and Sartirana, and gave to the Spaniards proofes of his valour, when he overthrew their force before Atone, where he totally routed their Van. and put their whole Army to a disorderly retreat, besides 400 horse he took from the Enemy, at S. George in the Lomelina.

So that it may very well be said of him, that all his actions have been no more but effects of a heart full of valour and magnanimity, being seconded by a well ordering of affaires he having often archieved great things with a very small number of men. He forced the Spanish forces to forsake Castel-novo de Scrivia, which they had besieged, and followed them as far as the bridge of Lenza: afterwards he tooke the Castle of St. Giovanni: He Passed through the Dutchie of &illegible; with &illegible; horse, although the Spaniards had strongly entrenched themselves at the pass of Scrivia.

Afterwards he defended &illegible; beleaguered also by the said Spaniards, that so they might cut off the provisions from the French Army, which was then near the river Tesia, upon another occasion he forced from Gavone 3000 Spanish horse, and some Companies of foot, to forsake that place having then with him not above 1000 horse, the enemy intending upon some designe, to have sent over the Tenaro 1500 horse, commanded by Dom Martin de Arragon, which he totally routed, and having slain many, took a great number of them prisoners, and had no small share in that great victory obtained by the Duke, upon his enemies at Montebaldone, and at that same time he &illegible; the Castle of Porma.

Since that time, becomming Master of Verceil, the Civil warres happening in Savoy, he did vallantly at the recovering of Civaz &illegible; and Possono, and at the gaining of Chiery, which he took, mangre the strong oppositions of the enemy, who had cut off all provisions from him. He did no lesse at the retreat of the Count de Harcourt, which he did much help, by the surprizing of the strong Castle of Carru, and in the overthrow given to the whole Spanish Army at the siege of Cazal.

To his Excellency, Thomas Lord Fairfax, and the Honourable the Councell of War. The cordiall congratulation of the lovers of Justice and Freedome within the County of Glamorgan, in reference to your Remonstrance of November the 10. 1648.

Noble Worthies,

VVHen with much patience we had a long time waited for the setling of the Nation upon the foundations of freedome, and the execution of Justice upon the capitoll offenders, whom our God, with no less miracle then mercy, hath so often delivered into your hands, and in stead thereof, through the prevalencie of a malignant Faction, have found our lives and liberties even betraied into the hands of our Enemies, by that most unjust and dangerous treaty with the King, and the most desperate Incendiareis (especially those who have kindled, and added fuell to the flames of war in our thereby ruined Country) excused from Justice, expresly contrary to the Votes and Declarations of the House of Commons, to the astonishment of all true hearted people: In all these, perceiving our selves surrounded with distraction, we were the more ardently drawn forth in our spirits to attend the Lord our deliverer, who according to his wonted goodness, brake forth upon you in a glorious splendor of Justice and equity, expressed in your seasonable Remonstrance, which we with such joy perused, that our hearts were ravished with so dear a sight of our Redemption drawing nigh. In relation to which, we thought it necessary to let you know, that we are much satisfied with your proceedings; and that for the accomplishing of those things, and what ever else concernes the liberty of the Nation, we are ready to assist you with our lives and fortunes; being perswaded that you proceed with the same undaunted resolution for the perfection thereof, that our so numerous enemies take not accasion hereby to render us more effectually miserable, and we doubt not but the Lord of Hosts will be with you.

Yours, and the Lands faithfull Servants, &c.

Friday December 29.

Major Pichard being about foure dayes since sentenced at a Counsell of Warre to be shot to death; had this day the execution of that sentence done upon him in Pauls Church-yard: The Articles of Warre, upon which he was condemned, was this; That being at Pembrook, at the surrender of that Garrison, great endeavors were used, that he might not be one to be left at mercy for his life, but to be banished the Kingdome, which at last he, with others, had that favour granted to them; provided they were gone within six weekes, or else it was signifyed unto them, that they should dye without mercy, if they were found in England.

This Gentleman never went out of the Kingdom, according to his agreement, wherefore he received his sentence, which was aggravated with these particulars.

  • 1.  That he had formerly Articles upon surrender of Worcester, whereupon, engagement was given, not to bare armes against the Parliament afterwards, which he violated, by the appearing in armes again at Pembrooke.
  • 2.  He took the negative Oath, never to bear armes against the Parliament, and yet had now done it.
  • 3.  He continued in London, contrary to the Proclamation, for all of the Kings party to leave the Towne, who had not Compounded.
  • 4.  Severall informations were given that during the time he was in armes, he was a most merciless man to the Pamliaments party, a great burner of houses, and Plunderer of mens Estates.

There are endeavors using to finde out other persons, who had the Articles of Truro in Cornwall, and other places, who agreed to Articles, never to bear armes against the Parliament, and yet have doe it in this second Warre, who may expect the like sentence, if they be taken, as Richard Hastings, and others.

Westminster Decemb. 26.

The Commons Vote that the Committee for drawing up a Charge against the King, do consider of a way of settlement for this Kingdom: Its high time is were done, and if you do not one with the other, we may fear & confusion in the main. An Ordinance past for receiving, and issuing the last six moneths Arrears by the Committee of the Army, to be paid to the Army, and all the Garrison Forces, as the Lord Generall shall approve of to be continued: This being neglected to be sent to the Lords for their Concurrence, hath proved very prejudiciall to the Souldiery, who cannot receive their pay till their Lordships assent be had, though their assent be meerly formall, and not essentiall. They Vote the Militia Forces of the County of York to be disbanded and for this purpose have referred it to Major Generall &illegible; and others, to see the said Order effectually, and speedily executed. And agree, that the new &illegible; in that County shall be imployed for raising money for that purpose, and likewise for paiment of the Publike Debts of that County Though there is more in debt to that County than ten times the proceed thereupon by these new &illegible; The necessities of the Navy report themselves to the House, they Debate, and resolve, that the Committee of the Navy &illegible; conferre with the Commissioners of the old and petty Customs, for the Loan of 6000 li. for present support of the Navy. The Arrears of late Colonel Rainsborow are reported, and 2000 li. more Ordered for his widow. They approve of the Articles of Scarborough, give the messenger 40. li. Order the Lord Generall to put a Governor into Scarborough Give thanks to the well affected of Norfolk for their honest Petition.

The 27. was the day of Humilitation.

The 28. They Vote Major Beteler, and Captain Stirke, their two Troops shall be continued for two moneths, for the defence of the County of Northampton, and paid as formerly out of the Assessements of that County, A good President for the rest of the honest Troops in the Kingdom, that are in the same condition. A Commission of Oyer and Terminer Ordered to be forthwith issued to the Lord Admirall for triall of Lendall, and other notorious Pirats: If the Lord——had been zealous before in Execution of Pirates, probably we should have had lesse now. The City required to proceed in electing Common Councell men according to former Order; notwithstanding the late Petition from the Lord Mayor, &illegible; and Common Councell, their late &illegible; Petition to the contrary. The Oaths of Allegiance, and Supremacy, and all other illegall Oaths referred to a Committee to be considered of: Its high time, if these had been taken away before we had engaged against the King, and before all the Members of that House, upon latter Elections, had been admitted, which before they could be, must take the said Oaths, we should not have been so very guilty of perjury as many are, according to the letter of the said Oaths. The Ordinance of Attainder against Charles &illegible; was reported, and read the first time.

December 29.

A letter came from the Lord Admirall, desiring the House to confirm the Indempnity granted by his Lordship to Sir William Batten, alias Captain Batten, Captain &illegible; and Captain &illegible; (the three grand Revolters) Truly my Lord we expected this long since, we knew before we were all friends, though there was a seeming difference amongst us. The &illegible; reicents this ill, and looks upon it as a Design, and therefore do not grant the confirmation desired, but Orders that this businesse should be referred to the strict examination of the Committee of the Navy. But is there no other matter of Fact but this to be examined &illegible; relation to the late Revolt?

To his Excellency, Thomas Lord &illegible; General of the forces in England, and Wales.

The hearty Resolutions, and humble &illegible; of the Governour and &illegible; of the Castle of Denbigh, and divers others, Officers, Souldiers, and well affected in to said County.

Sheweth,

THat the great thunderings and Earthquakes in this &illegible; Island, awakned us in this Corner thereof, to enquire after the causes of those Nationall concussions, and finding an unruly and unreasonable party of imperious, selfe-willed men, Resolved to engage in blood, to stave from us at once our comfort, as Christians in Gods Kingdome, and freedom, as subjects, in our only native soyle; we quickly and cordially adventured our naturall lives, and freely cast over board our estates at the back of our Pilots, to keep this sinfull Nation, and our unworthy selves, and families, from sinking. But since perceiving clearly, that though the firme faithfull, and famous trustees of the Kingdome, have with much uprightnesse indefatigably endeavoured our common good and security (which we ever with all thankfulnesse acknowledge, yet were they, by whose meanes we hope will yet more manifestly appeare) overborne, and hindred therein, so that instead of a safe haven, we were brought againe upon perillous Reckes; instead of righteousnesse, Behold the bitter worme of Injustice, and enraging hemlock of oppressions growing up in our surrows: Mercy turned to Cruelty, contempt and despite against the faithfull and tryed people, and pillars of the Land; Truth fainting and fallen in the streets, Justice and equity kept out of the Gates; the sonnes of bloud and violence (who had not the hearts in the field to looke the Generation of the just in the face) very insolent, and too much incouraged once more to attempt the tearing out of the bowels of the peaceable of the Land, and having learned out of the books that the Tyde of righteous Judgement must have its course, and after it, all the upright in heart; and minding how that dangerous mercy, and childish &illegible; of Ahab, who called up his brother Bemhadab (that twise conquered slave) into his own Charriot, which act, with his, depriving but of one honest Naboath of his life, brought that lukewarm professor to tremble in his own blood and just ruine in the third war, and have intentively observed at a distance, that (though many tooles were in Gods hand for the edifice begun, were blunted, and so laid aside) yet the edge of heaven, and high countenance of the Almighty, is still upon your Honourable self, and faithfull, dreadfull and (through God) powerfull Army, once despised, dispersed, and (as it were) disbanded, but since made glorious together and a sunder, in removing mountaines of difficulties, breaking through rocks of oppositions, raising up the vallies, taming the rebellious, relieving the Parliament, quieting the Nations heart-city (once and againe distempered) and scattering the Scottish Allies, to the thankfull admirations of the people of the most high God, far and neer.

We therefore being thereunto encouraged by your Excellency, and the Armies late seasonable, and solid Remonstrance, do in full assurance of understanding, faith, and hope, humbly, and unanimously declare our Resolutions, to joyn heart, hand, life, and all, with your truely honourable self, and constant Army, and the many thousands of Israel; for we see of a truth God is with you, and them, for the reliefe and recovery of our late oppressed, and long tryed Worthies in the Parliament, in order to the setlement of common Interests, and impartiall punishment of mad men (who are still thirsty, though already drunk with the blood of multitudes of our deare brethren) Humbly praying, that you would (as under full faile) like noble Joshua, and Caleb, follow Jehovab fully in the paths of Justice, Moderation, Courage and Faithfulness, wherein we doubt not of the high and mighty presence of our King the God and rock of all Ages, to attend you; and to that great Captaine of your Hosts for his direction and successe in all the work entrusted to you, we shall also, whilst we breathe together in this Cause, ever pray, &c.

An Ordinance past for prohibiting Trade to Youghall, Cork, and Kingsale, and other Ports in the Province of Munster, where the Lord Inchequin hath Command, being in prosecution of a former Ordinance to that purpose. They spent some time in Debate of the Officers of ships imployed under the L Admiral, and to the end, there may be Purgation by Sea as well as by Land; they Ordered that the Lord Admirall should be required to send to the Committee of the Navy the names of his Vice-Admirall, and Rear-Admirall, and all the Captains of ships in the Fleet; The Rear may probably by this sail in the Van. The Constant Warwick Ordered not to be sold, but imployed for the publike service. Decemb. 30. The Commons Vote Mr. Brooks thanks for his Sermon, as indeed he deserved it, but for Mr. Watson (who would not acknowledge them to be a Parliament) they Voted him none, nor to have liberty to Print his Sermon: This Presbyterian proud flesh must down with Monarchy, one being equall in Tyrannie with the other. Mr. Owen and Mr. Cordall Ordered to Preach the next Fast. The Bayliffs, Wardens and Assistants of the Company of VVeavers, present their Petition, and therein set down the difference between them and others of that Company; the House refers the consideration of the whole businesse to a Committee, who are Ordered to bring in an Ordinance for settling of the said Company, and composing all their differences with speed. An Ordinance past for securing, and repaiment of the 6000 li. borrowed of the Commissioners of the old and petty Customs: They Voted upon this occasion, that no allowance shall be given by the Committee of the Navy, of any Incident, Fee, or old Sallary, for the petty and old Customs untill the House be acquainted therewith: And in respect the Ordinance for the last six moneths Assessements had not been sent up to the House of Lords for their Assent, and their Lordships having adjourned till Tuesday next, whereby that could not at present be procured, they Voted that it should be referred to the Committee of the Army to prepare Warrants and Letters to be sent to the severall Counties, touching the 60000 li. per &illegible; to the end the Army may not be longer delaid of their pay. An Order past for an Ordinance to be brought in for payment of 2885. l. 12. s. 6. d. to Mr. Smithsby, the Kings Sadler, for Saddles and other furniture.

Somerton Decemb. 24. Sir, Since the Parliament hath impowred us to raise forces, and joyn our selves in association with the Army and other well affected people in the adjacent Counties, we have not been altogether unactive in the &illegible; &illegible; but hope to bring it into such a speedy way, as may be safe for this County, especially all the well affected therein, and those that ioyn with us. Times may come possibly to put all the honest party in the Kingdom to their shifts, and I could heartily with that all other Counties in the Kingdom would begin betimes to provide for their own securities; when they do desire it, the opportunity being let slip, it may be too late; and surely if all the well affected in each County would speedily strike into an association, it might be a great diversion of all our enemies designes, and give us hope of quietnesse and peace in this Nation. And seeing that the Presbyterian Ministers are to be frustrate in their intentions, to enjoy pluralities, and the tenth part of every mans estate, the people being left to a free choyce of their Minister, and what Ministry, no doubt but they will endeavour, and wee finde it now their main designe in this County to preach down the power of God in his Ministers indeed, and to preach for forms and government, and especially for their God (the continuance of Tithes) of purpose to incense the people against this Reformation indeed, both in Church and State, the benefit whereof our childrens children will have cause to biesle us for. And in respect likewise that the grand Delinquent of the Kingdom (Charles Stuart) is to be brought to speedy justice (for which we have much cause to blesse God) we shall finde his party as active as the other, and though the Presbyters made but a seeming, though a reall and absolute conjunction with their brother Malignants for the carrying on of his Trayterous interests, yet we fear you will finde them this next Sommer declaratively joyn with them, for revenge of this Army, and all that have adhered to them: And therefore it is high time for all honest men in the severall Counties to associate betimes, before it be too late.

Fontefract Decemb. 30. Sir our approaches goe on very forwardly, though our want of pay be great, the enemy seeme much divided, and more discontented, some comming out daily by escape; our Gunns are come to us, and we shall begin to make batteries within this few dayes. Its great pitty the Militia of this County should be disbanded, many of them being very honest: We heare of some overtures made by the Army, for engaging them, and all the Supernumeraries of this Kingdom, for the service of Ireland, the service will be gallant, and the designe superlative, and if old &illegible; or any other man of gallantry and fidelity do accept of that Brigade, he cannot want men or &illegible; besides it will be a great diversion of designes both at home and abroad.

Windsor Jan. 1. Sir His Maiesty seems to be very merry, though he heareth something of the Houses late proceedings against him, to bring him to Iustice, whereby we conceive he is &illegible; and heartily forty we are to see him so ripe for destruction; he much delights to talk of &illegible; &illegible; especially of the victories in these late VVars. VVe have the same odious vain, and wicked Ceremonies of kneeling performed to him now, as ever, though he be under an accusation of High Treason. VVhere shall we finde such men as will not bow the knee to Baal, the grand Delinquent, and &illegible; Tyrant of the whole world? The Commissioners appointed by the Army do mannage things here with great discretion, one of them &illegible; every night at his Maiesties Chamber door, and resident with him daily in his Chamber, none speaking to him but in one of their Audience.

Westminster Ian. 1. 1649. The Committee reported the Ordinance of Attainder against Charles Stuart, and the names of such Commissioners as should try him consisting of about 6 Lords. 40 and odde Commons, and the rest Officers of the Army, Aldermen, and other Commanders of the City, with some Gentlemen from the Counties, all of them consisting of 100 and upwards: Any 20 of them are to be a Committee for the tryall of him, and to give sentence against him. By this Ordinance the Commissioners are limited to a moneths time, to make a finall determination of the businesse. The place of tryall is not named in the Ordinance, so that whether it will be at Windsor, or Westminster, is not known. The Ordinance is to be sent to morrow to the house of Lords for their concurrence. And to confirm the present tryall, and foundation thereof, and prevention of like for the future, the House declared, viz. Resolved, That the Lords and Commons assembled in Parliament do declare, and adjudge, That by the Fundamentall Laws of this Realm, it is Treason in the King of England, for the time to come, to Levy &illegible; against the Parliament and Kingdom of England. The house ordered an Ordinance to be brought in for enabling the Commissioners of &illegible; and Menmouth to proceed upon the sequestring of Delinquents in the said Counties, and to remove obstructions therein. A Letter this day came from Mr. &illegible; Clerk of the Parliament, desiring the house (by reason of his present indisposition) to appoint a Clerk to attend them. The house hereupon voted that a Committee should be appointed to send to Mr. &illegible; to take an accompt of him where the Books and Records of that House are, and are to inventory the said Books and Records, and are to present the names of fit and able persons, that a sufficient Clerk may be elected out of them, to be Clerk to the House.

They likewise Voted Mr. Phelps to be Clerk assistant to the House, and ordered Mr. Darnell the present Clerke assistant 200 li in part of 500 out of the Revenue. A Committee was appointed to consider of Anticipations upon &illegible; Hall, Excize, and other Treasuries and how to take off, or otherwise secure and satisfy the same, and to prevent obstructions in the bringing in of the severall Revenues.

The souldiers of the Army, in prosecution of an Ordinance of Parliament, secured all the &illegible; in Satisbury Court and &illegible; Lane, and brought them away prisoners in the midst of their Acts, in their &illegible; as then habited. The Committee of the Army to consider of the &illegible; and circumstantiall parts thereof, upon which many Votes past; one Committee was appointed to consider of concealed moneys to the State, and to send for &illegible; witnesses, and Records concerning the same, and &illegible; &illegible; was a Committee of Officers of the Army, and Citizens, to consider of &illegible; Delinquents that are to be &illegible; &illegible; examples of Iustice; both these Committees having power to examine witnesses upon Oath.

FINIS.

The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.

HAving shewed, and proved, that Government by blood, &illegible; not by the Law of Nature, or Divine, but only by &illegible; and Positive Laws of every particular Common wealth, and may, upon just causes be altered. Whence then comes these vain Arguments, That the late King of this nation, and his power was &illegible; &illegible; That it is not in the power of the people, (though they are the original of all just powers) to try him for life, upon breach of Trust, or otherwise. If Saul, the first King (though elected by God to that Royall Throne) was stain for his disobedience, and not fulfilling the Law and Limits prescribed to him, How much more is it lawfull for the people of this Nation to bring to Justice Charles Stuart? (who was never elected King by God, or people, but came in by Conquest, and raigned as Tyrannically as ever Saul did, breaking all Bounds and Limits, and disobeying all Laws, which he swore at his Coronation to maintain, and keep &illegible; for the good of this Nation,) Was it lawful for Ammon (who was lawful King by natural &illegible; and succession, as being son and heir apparent to King &illegible; whom he succeeded) to be brought to Justice, and slain by his people? And is it not much more lawfull for the people of this Nation, by their Representatives, to bring Stuart, (who was never lawfull, but only pretended King to this Nation by Genealogy, and Succession of Tyrants) to execute the judgement of God and man upon him? Quia non &illegible; in via Domini aut Regni, because he neither walked in the wayes prescribed to him by God, or the People of this Nation.

And did GOD give so great a blessing to the people for executing his, and their Judgements upon these wicked Tyrants, and worst of &illegible; by Crowning two good successors after them, viz. Josias, (who did that which was right in the sight of God, and did neither decline unto the right hand or the left:) and David, (who was a most perfect patern for all the Kings that should follow him in the whole world, and a man after Gods own heart:) and can the people of this Nation still argue like Heathens (that see nothing of divine providence) that the alteration of this Tyrannicall, and usurped Kingly Government, will tend to the ruine of this Nation, when we see already by the imitating, and first fruits thereof, the &illegible; Pope himself, and all the foundations of Antichrist, the Devil himself, and all the Tyrannical powers of the whole world, and dependances thereupon, do already totter and tremble, as if the day of their destruction was at hand.

Had the Romans (after their Senate had slaine &illegible; for his tyranny) so great a blessing by Numa &illegible; (the notablest King that ever they had) And after the same Senate had expelled Tarquinius the proud, their seventh and last King, for his cruell government, had they not exceeding much happinesse thereby? became very prosperous, and blessed with great successe in their Government of Empire? And did not &illegible; &illegible; become a great blessing to them, as succeeding Iulius Cæsar, who (because he had broken all their humane and divine Lawes, and taken all their Government into his owne hands) was (in revenge thereof) slaine by Senatours in the Senate house. How might I instance in &illegible; and &illegible; two of the best Governours by Empire, that ever the Romans had in those dayes: after the Senate had deposed and sentenced to death Nero (first Emperour of Rome) for his wicked Government, (which was the first judiciall sentence that ever the Senate gave against Emperours.) How might the like be noted of the noble Ranck of the five excellent good Emperours, to wit, &illegible; Trajax, Adrian, &illegible; &illegible; and &illegible; &illegible; that insued the Empire by the just death of cruell &illegible; (whose harbarous acts, for his exceeding cruelty, were afterwards disanulled, and his armes pulled downe) And was it lawfull for the people of Israel, the Romans, and all other Nations under the Sun to execute Iustice upon their Kings and Emperours, and alter their Governments, as they thought fit for their good and well-being; And shall not the people of this Nation have the like priviledge, to execute their tyrannicall Kings upon breach of trust and oaths, and alter the frame of Governments (seeing the people of this, and every Nation are the originall of all just powers and Governments) as they shall thinke fit? Were the Children of Israel, and all the Nations upon earth so blessed in executing their Tirannous and Trayterous Princes, and must we be miserable for so doing: Have not we as much Law and right for trying and executing this King, as any other Nation in the world ever had? And how comes the Heathen now to rage, and the people to Imagine a vaine thing, for taking off this Tyrant, as if the like Iustice had never before been executed, or that this is a new thing, and one of the first presidents in the world, though indeed we see it is most frequent, just, and ordinary in all ages, and amongst all People.

Reader, take here a businesse of something an old date, but worthy thy observation, being Friday Decemb. 22. 1648. At the white horse Tavern in Friday-street, there happened a quarrell between some Troopers of Col. Riches, and some Lords and Parliament men, thus: Some Troopers standing at the white Horse gate in Friday-street, where they quartered; The Earl of Middlesex, Lord &illegible; Col. &illegible; and some others being in the Tavern window over the gate, the Earl of Middlesex looking out of the window, and perceiving some souldiers there, threw a Chamber Pot full of piss upon them: One of the souldiers asked the Earl what he meant, to be so uncivill? the Earl raps out an oath, and tels him, if he had not enough, he should have more, and threw the Chamber-pot at him; the souldier seeing that, threw it up again, which done, the Earl swore God dam him he would pistoll him, if he came to them; upon which, the undannted Trooper runs up staires to them; as soon as the Trooper came up, the Earl drew, with that the Trooper drew, the Earl gives back, the Trooper follows him, the Earl makes a thrust at him, he puts it by, and claps in with him; by this time two other Troopers come, and the Earls company begin to draw, the souldiers fall on, cut them soundly, make them let fall their swords, and beat them to purpose; in the mean time the Mr. of the Tavern sends to Shoomakers Hall for two Files of Musketiers to come presently, telling them that there were some Troopers had set upon some Parliament men, and did abuse them, desiring the foot to give fire as soon as they come up, at the Troopers; they being thus prepared, according to the directions of the Master of the house, come; but the Troopers knowing some of the foot, make them understand the businesse, and then the foot take the Troopers part, and keep these gallants prisoners all night, and the next day had them to a Counsell of war: Take notice also of the valiantnesse of Col. Spenser, who hid himself under the Table while all was done, and another sitting in a Chair, saying, truly Gentlemen I offered you no affront at all: No you Rogue sayes one of the Troopers, what do you do here then, and takes him a box on the ear, and layes my Gentleman and his Chair on the Flower. The souldiers were very favourable to them, above their deserts, did not wrong them of one penny, they being full of yellow pieces, which the souldiers want, only the Troopers took their swords; and the gallants seeing they were to be there all night, went to gaming ten pound at a clap.

To the Right Honourable, and our most Excellent General, Thomas Lord Fairfax, Lord Generall of all the Forces in England and Wales.

The humble Petition and Representation of the Officers and Souldiers under the Command of Capt. Henry Smith, in the Country of Oxon.

Humbly sheweth:

HOW sensible we are of the manifold and glorious appearances of God in and with your Excellency and the Army under your Command, not only in the first and second transactions thereof, in the many engagements and successes against the visible enemies of ours, and the Kingdoms peace and freedom (which fills our spirits with admiration) but also in those late manifestations of his divine glory, in drawing you up to act in that which is so honourable in the eyes of God and his people, viz. the execution of justice without partiality, which speaks no lesse to us then Gods presence with you, his wisdom in you, his power for you, to fulfill the councell of his own will; from these our apprehensions we are drawn out (as Subjects and fellow-Commoners of England) to declare our approbation of, and full assent unto the late large Remunstrance and Declarations thereupon, from your Excellency and generall Councell, presented to the Honourable House of Commons, together with the Agreement and grounds for future settlement, tendred to the consideration of the Kingdom, being assured in our selves (upon a serious view of all the particulars therein) of the justice, reasonablenesse, and excellency thereof, in order to the establishment of the peace of the Kingdom, upon such a sure foundation as shall not easily be shaken.

May it therefore please your Excellency to put forth all the power the Lord hath conferred upon you, and all the wisdom he hath placed in you, for the speedy prosecution of all those things declared by you, and execution of justice upon all those enemies to yours and the kingdomes peace, without respect of persons, that justice being executed in our land, righteousness may run down all our streets, Tyranny and oppression (of what kinde so ever) being removed, the voyce of joy and gladness may be heard in all our Cities; in the prosecution of all which, we (though but a handfull of men) do unanimously declare our readinesse (according to the actings of God in us, and your Excellencies command) to stand or fall with you, not accounting our lives deare unto us, so that life, liberty, and freedome may be administred to this long inslaved, and late dying kingdome; and we desiring to approve our selves your Excellencies servants in the work of the Lord towards this Kingdome, shall ever pray &c.

To the Honourable the Commons of England in Parliament Assembled. The humble Petition of divers Citizens of London.

Sheweth,

THat your Petitioners doe with much thankfulnesse acknowledge the prudent care of this honourable House, for the safetie of this distressed, bleeding Kingdome, Demonstrated as in other passages, so especially in your late Resolution of the third of this present Ianuary, 1648. To carrie on the worke of setling the Peace and safetie of the Kingdome (though without the concurrence of the Lords) against all opposition whatsoever, which hath revived and raised up the dying hopes of your wel-affected Friends, that heretofore were almost in dispaire of having their just desires granted by Parliament.

Your Petitioners are deeply sensible, that the late Distractions and Miseries (which we yet groane under) have been much occasioned, not only by the King, but also by other evill-affected persons, in places of Power and Trust in the City, Kingdome, and Navie, to the almost destroying of the Trade and Manufacture of the same.

And therefore doe humbly pray,

  • 1.  That impartiall Justice may speedily be executed upon all those that have been the contrivers of, Actors, or Abettors in the former or latter Warres, by Land or by Sea, against this present Parliament. And that from the highest to the lowest (without respect of persons) they may be proceeded against according to their demerits.
  • 2.  That in order to the Peace and safety of the Kingdome, and all the wel-affected therein; Not only the Militia of the City of London (which hath a great influence upon the whole Kingdome, either for weale or woe, as experience hath demonstrated, by their non assistance of the Army (in prosecution of your just commands) though in extremitie neer the City,) as also all other places of Power and Authoritie in the Kingdome, and Navie, may be intrusted in the hands of those persons that may be safely confided in, for their known and approved fidelity.
  • 3.  That some effectuall course may with all convenient speed be taken for the recovering the almost lost Trade of the City and Kingdome.

And your Petitioners shall pray, &c.

Dantzick the 3 of December, 1648.

The King of Poland hath been somewhat ill, but is now again well recovered, being present twice at the general Counsel held at Warsovia, for the setling of Affairs in this Kingdom, and chiefly to oppose the revolted Cosacks, whose Commissioners are still in Warsovia; and are there expecting an answer unto their Propositions which they brought from General Chinielniski: It is thought they are not like to have any pleasing answer, being their demands are deemed to be most dangerous unto the State, in the interim the Cosacks continue their plundering of the Country, and are come even within six leagues of Warsovia.

Vianna, the 11 Dito.

There hath been called a Diet here of all the Estates of lower Austria, Propositions being there to be made about the raising of moneys. This City having proffered already to pay 100000 Crowns for their particular. We hear from Moravia, that although the suspension of Arms hath been published, nevertheless the Sweads go on still in raising of money for the payment of their Arrears, The Garison of Olmuts demanding their Contributions to be paid till the yeer is expired. The Estates of Hungaria having sent to the Emperor about the Election of a Palatine; that so by those means their differences might be decided in an amiable way: therefore a Diet is summoned to be kept at Presbrurgh (the chief City in that Kingdom) the 25 of the next moneth, and his Imperial Majesty will be there in person. The Turks have ceased their frequent intodes into the Kingdom of Hungaria, that so his Imperial Majesty might not be forced to break the Cessation of Arms he hath made with them.

Koppenhaguen the 19.

The third instant was the Coronation of Frederick the third King of Denmark and Norway in our Church of Saint Maries, where he was brought from the Castles, in this order. Two men went before, being on horse-back, having silver Timbrels, these were followed by six Trumpeters clothed in black Sattin, and black Velvet Coats, having also silver Trumpets; then came next five Marshals, having each a silver Mace, and next after one hundred Gentlemen, all cloathed in black Sattin, and black Velvet; afterwards followed the Deputies of the Cities of Lubeck, Hamborough, Dantzick, Rostock, and two Heraulds; after them more Timbrels, and twelve Trumpets, then the Senators of the Kingdom on horse back, the Admiral bearing the Golden Apple, the Marshal of the Kingdom with the Sword, the Chancellor with the Scepter, and the chief Steward with the Crown; after that came the King, who had a suite of Apparel made of Cloth of Silver, being carried under a Canopy of black Velvet with Silver Lace and Fringe, also the Canony was borne by the Princes of Sundergow, Lutin, Saxony, and Luneburgh; and after followed the Ambassadors of Holsatia, Oldenburgh, and Mecklenburgh, and some others, all on horse-back, most of them cloathed with Cloth of Silver. The King being entred the Church, and gone up as high as the Quite, where the Bishop of Zeland made a long Speech, which being ended, the chief Steward presented to His Majesty the Priviledges of the Kingdom, that he might confirm them, afterwards the Crown being delivered to the Bishop, he set it upon His Majesties head, giving him besides the sword and the Scepter. The Counsellors of State came also, and laid their hands on his head and his Crown, and at that time were discharged about 500 peeces of Ordnance. All this being ended. His Majesty was again brought into the Castle with the same Honors and Ceremonies as he had coming from thence, but with this difference, That the King had put on another Cloak, which was of Cloath of Silver, but furred with Hermines, and his stain carried by two Gentlemen of his Chamber, His Majesty riding upon a white horse, and a Canopy of Cloth of Silver, there going before two Heraulds, who as they went, did cast good store of pieces of Gold and Silver among the People, who were there in great multitudes in the great place before the Castle.

Lisbona 17 of November, 1648.

The King of Portugal hath sent his Express commands unto all Governors and Commanders in chief, and Officers of his Armies, That they presume not to depart from their Quarters, without his Express permissions, that so they may be ever in a readiness to observe and oppose to their best, the designes of the Marquis de Leganez who sending daily some strong parties abroad, seemeth to have a designe upon some of our Frontier Towns. Some few days past Dom Sanchi Manuel, accompanied with Barthelomew Vasconsellos de Conha, Commissary General of the Portugal horse, did route a Troop of Castillon horse at Sarca, as did also at the same time not far stom thence, Dom Rodrigo de Castro who slew and took prisoners two Troops of Horse, being of the Garison of Cindad Rodrigo; and Master de Themerincourt Lieutenant General of the horse in the Army at Alentejo, Having received an Order from Count de St Laurence, went out with 500 horse to meet with Dom Iuan Ibara, Commissary Gen. to the &illegible; who having made a great &illegible; into this Countrey, had much plundered and wasted it, chiefly intending to spoyl and waste about Monsarrat; but having met with him upon the thirteenth of this instant, about ten at night, he fell upon his Rear so furiously, that he put him to the worst; insomuch, that the Commissary himself was sorely wounded, besides three Captains, four Lieutenants, one Alfiere, fourty seven Souldiers slain upon the place, and many prisoners, ours becoming masters of all their booty. Since that time, there was not any thing done worthy of observation, the Rain happening to to be extraordinary great, by means whereof the River of Guordiana, which parts the two Kingdome, did overflow the banks, our Army was forced to lye still and remain in their Quarters.

We heare also from Tercera, by a ship come hither from Angola, that this place is again come to the power of the Portugals; and this happened at the arrival of D. Salvador Correa de Sa, Governor of Rio de &illegible; who hath the command of a Squadron of Ships; and being gone thither with some land men onely to refresh them, the Hollanders came with a strong party to oppose them at their landing: Thereupon having not onely marched out of the Town, but also the Castle of Loands, they were bravely charged, first by the Portugals, then newly landed, and after by the Inhabitants, as well the white, as the Negros, who are all Papist, they all rising &illegible; such sort, that the Town was soon recovered from the Hollanders; who it seems have so ill used these people ever since May, 1642. that thereby they have been provoked to use them thus coursely. By this action the breach is made unto the Truce, formerly agreed betwixt the Portugals and the Hollanders, who were glad to forsake the place forthwith: Nevertheless, in regard that all this was acted without any Command or Order from the King of Portugal, his goods have been confiscated, and they are to proceed against him in way of a Tryal; yet his Majesty is well pleased That the Dutch Souldiers, who were about 400, who have had fair composition granted, having Quarter for their lives & liberty, do go to the Isle of St Thomas, or to any other part, at their choice. For all this, it is not thought that this will be able to break quite the Treaty betwixt them, but rather that there will be a happy Conclusion and Agreement made concerning their Differences made about Brasil.

Naples 9 of December.

The Spanish Fleet lieth still at &illegible; to the which Citie, his Catholike Majestie hath lately granted many large Priviledges and Immunities, chiefly that the Vicekings of Sicilia, who were wont to keep their residence at Palermo, shall now remain there six months every yeer, for an acknowledgment of their good services and fidelity, which they have kept always without wavering in their last rising in that Island, of whom Dr. Iuan de Austria, is confirmed Governor, and &illegible; the chief over all the Spanish affairs in Italy: and it is said, that the Cardinal Trivultio is to leave his Command of Sardinia, unto his brother Prince Trivultio, Master Gio. Battista Monsorte, heretofore Governor of the Province of Cosenza in this Kingdom, hath order to go into that of Bari, there to execute the same place. The Ecclesiastical Galleys are come hither from Candia, and so are to go to Civitta Vecchia, under the Command of Bologneti, who is Lieutenant General. The Prohibitions made formerly not to transport any Corn from one place to the other, have been revoked, that so it might not hinder the seed time. One great part of the Country remaining waste since the last risings, which are now well quelled by the strict search and inquiry made of those that so much plundered and annoyed the Country for these few yeers past.

An Ordinance of the Court of Parliament Assembled at Paris, the 6. of January, Stilo Novo.

This day the Court, all the Chambers being met, upon advice received that the King was gone from this Citie the last night; the Aldermen being heard thereupon, and the conclusions of the Kings &illegible; and Solicitor General: the Court hath ordained, and doth ordaine, for the better safety and preservation of this Citie and Suburbs, that by command of the Sheriffe, a strict watch shall be kept through this Citie by the Citizens, as well by day, as by night, and at night Courts of Guard shall be kept, and the chaines to be drawne in case of necessitie: And doe hereby make prohibitions unto all persons, of what degree or qualitie soever, to transport, or convoy away out of this Citie any Armour, or things of the like nature, and all Colonels and Captaines are also commanded to looke narrowly, that none be transported from this place, and doe also expresly injoyne all the Kings Officers in the Chasteler, to have a speciall care about importing, and exporting of any kind of commodities or goods: And according to an Order, of the 23. of September last, doth againe expressely command all Governours, Captaines, Majors, Aldermen, &illegible;, Sheriffes, and their severall Deputies respectively; that they suffer and let passe quietly, through any Towne, Borough, Village, Bridges, or any other passe, all manner of provisions or victualls, which from time to time, shall, or may be imported hither; And doe expressly forbid them to receive any Garrison, or to quarter or billet any souldiers &illegible; their severall places; but rather to further and aide the bringing in of provisions to this Citie, to their best abilitie, without any let or hinderance, and to that end, to give them Convoyes, or any other assistance, as they shall thinke fit; and those that shall doe otherwise, to answer their contempt in their owne persons. And this present Ordinance to be read, and published with the sound of the Trumpet through this Citie, and the Libertie thereof, as it is usually accustomed, and to be also sent unto the neighbouring Townes, there to be published, that so none may pretend ignorance thereof.

Signed DU TILLET.

Another Ordinance of the 9. of January, Stilo Novo.

This day the Court, with the Chambers all met, upon the report made by the Kings Officers, how they had been at Saint &illegible; with the King and Queen Regent, according as they were enjoyned by an Ordinance of Parliament, of the 6. instant, and desiring to have audience, it was utterly denyed them, but only an answer made, the Citie was blocked up. The Court, all the Premisses considered, high ordered and ordained, That most humble Remonstrances shall be presented to the King and the Queen &illegible; in writing. And by reason that it is manifest, and doth evidently appeare, that Cardinal &illegible; is the chiefe Actor and promotor of all the disorders in the State, and the cause of these present evills. The Court therefore doth declare him a notorious disturber of the publique peace, Enemy to the King and State; doth expresly command him to depart from the Court within one day, and within eight dayes to depart out of this Kingdome; and the said time being expired, in case of refusall, doth expressely charge and command all his Majesties Subjects to seise upon him; doth forbid that none entertain him; Ordered that there shall be raised a competent number of souldiers, for the defence and preservation of this Citie, and to that end, that Commissions be granted for the safety of the Citie, as well within as without, that so they may convoy, and secure those that shall bring provisions, that so they be brought with safety and freedome, and have no molestation. This Ordinance also to be read, and published with sound of the Trumpet, as it is accustomed; and all Officers in their severall places are required to see the same put in due execution.

From Rome the 14. of December.

At the Consistorie held the 7. instant was propounded (the Pope being present) by the Cardinal &illegible; the Bishoprick of &illegible; for Mr. &illegible; and the &illegible; was given by a Procurator to the Archbishop of Saint &illegible; in the West-Indies. The &illegible; went away from hence, the Count Saint George Ambassadour for the Duke of &illegible; This week was disbanded certaine Troupes of Horse, and Companies of Foot, which were billeted in severall places within this Citie, and the same will follow in other places within the Church Dominions.

From Venice the 16. &illegible;

Two English Ships arrived here from Candia, doe confirme that which was spoken formerly, touching the misintelligence between the &illegible; and the &illegible; which we thought to be wholly agreed, but seemeth to be lately renewed, by reason of the Jealousie between them, and mistrust each of one another, insomuch that at last they were come to blowes, and much bloud spilt, and that both had protested to forsake their service, in case they doe not receive that present satisfaction which they challenge, being a gift at the Coronation of every Turkish Emperour: the old Empresse doth use all meanes possible to keep them quiet, with a parcell of faire words, whilst the great Councell, called the &illegible; hath decided the businesse. We heare further from Candia, that the S. &illegible; who are counted the most valiant of all the &illegible; are again marched in the field against the Turkes, intending to blocke up the wayes for relieving Canea, and hinder the communication which they may have with the Turkish Army before Candia; and for their greater incouragement, besides the two vessels laden with Ammunition, he is gone himself to them with a great supply of men, which are shipped upon some Gallies, that so they may beset close that strong hold, which at present is much unprovided of men and Ammunitions: In the mean time one men defend themselves valiantly in the City of Candia, where the Turkes although they are gone at some further distance, the better to repair their losses, which they received lately upon the severall assaults given to that place, neverthelesse because it is feared they will returne againe, therefore our men are very busie in repairing of our works and to make up the breaches which the Turks have made with their batteries on our walls this 15 moneths that they have besieged it.

&illegible; 2 &illegible;

The Commons (&illegible; the Parliament of England) Vote that the Committee of &illegible; should be impowered to lay Assessments of 2500 l. per &illegible; upon the said County, for maintenance of the Forces before Pontefract. The Committee of Indempnity, ordered to draw up an expedient, how all the people of England may have the benefit of the several Ordinances for Indempnity, without being put to that trouble and extraordinary charge of coming up to London. They Vote James Clavering Esquire, Sheriff of Durham, the Governor of Windsor, 15 l. per &illegible; for defraying the charge of the King and his attendants, and 5 l. per &illegible; for incident charges to the Garison while the King is there, 3000 l. worth of the Duke of Buckingham, Woods to be cut; 1500 l. there is to be for the Governor of Windsor, and the other 1500 l. for pay of the Horse guards Com. Bucks.

3. Jan. They Vote two Members of the House to peruse the Lords Journal Book, and to certifie what they had voted upon the Ordinance and Vote, yesterday rejected by them; they presently return answer, That the house of Lords yesterday consisting of the Earl of &illegible; Earl of Northumberland, Earl of Pembroke, Earl of Mulgrave, Earl of Rutland, Earl of &illegible; Earl of Manchester, Lord North, Lord &illegible; Lord &illegible; Lord &illegible; and Lord &illegible; had, nullo &illegible; agreed upon several Votes for laying aside and rejecting the Ordinance yesterday sent up to them, for appointing a Court-Marshal for tryal of the King, and the order for declaring the King Traytor, for levying War against the Parliament and Kingdom, the supream Authority of this Nation (though they would never own that stile till now) therefore voted, That the Members of that House, and others, appointed by order of this House, or Ordinance of Parliament, to Act in any Ordinance of Parliament where the Lords are joyned; and are hereby impowered and enioyned to sit, act, and execute in the said several Committees of themselves, though the Lords joyn not. They order &illegible; ward to proceed to Election, and that the Lord Mayor, or any other, should forbear to impose the oath of Common Councel, or the oath of Trinity house, or any other illegal oath, upon those that are lately elected for Common councel men of London. They refer the names of the Officers of Ships to the Navy, to consider who are fit to be imployed in the next Summers Fleet. Col. &illegible; and Cap. Moulton, especially recommended to the Navy for imployment.

4. Jan. They vote, That the people under God are the original of all Just Powers what then becomes of the power of King and Lords, that never were decied by the people? They declared, That the Commons of England assembled in Parliament, being chosen by, and representing the people, have the supream Authority of this Nation. But because the Levellers said so, therefore imprisoned, their Petition rejected, and they held enemies to the Kingdom; and it would be but justice &illegible; to &illegible; all Orders against Lieutenant Colonel John Lilburne and others, for maintaining the same, and give them leave to prosecute the Lords for saise imprisonment. They further declared, That whatsoever is enacted and declared for Law by the Commons of England assembled in Parliament, hath the force of Law, and all the people of this Nation are included thereby, although the consent and concureence of the Lords and Commons be not had thereunto: How many Members were of this minde a moneth a gone, &illegible; Henry &illegible; and seven more?

5. Jan. The Parliament votes, That the General be desired to take order, and &illegible; all Delinquents and Papists from &illegible; to, &illegible; in the City of London and Liberties thereof, or within the late Lines of Communication, or within ten miles of the City of London; and secure the persons of all such as shall be found within the said limits six days after this present Friday, except such persons as shall be licenced under Mr. Francu Allen, and Mr. Samuel Moyl, to come to prosecute their Compositions with effect, or such as have already compounded for their Delinquency, and have paid in their money according to order and directions of the Parliament. They ordered also. That the Lord General should be desired to command his Martial General to take care of all prisoners of War, and for Delinquency, That they be secured from escaping, and it was referred to the Committee of the Army to enable the Marshal General to go on with the said service. The Marshal General was likewise voted, to put the Ordinances of Parliament in execution, for suppressing scandlous and unlisenced Pamphlets, and the Committee of the Army was to enable him to go on with that service. The prison of Peter house, and the escape of prisoners thence &illegible;

6. Jan. Letters come from Master Strickland Agent for the Parliament in Holland, &illegible; two rich Aldermen of the City of London are landed there, viz. Alderman &illegible; and Alderman &illegible; Its very &illegible; many Lords and Commons, and other Citizens will follow them are long. The two Members appointed to know Mr Prymes answer Whether the scandalous Pamphlet, to which his name was set, was his; and whether he would own it, reported his answer, That when a sufficient Authority sent to &illegible; he would return a speedy answer. This answer is to be considered of on Thursday next. The Commission is for tryal of the King, ordered to begin to sit about that business on Munday next, at two a clock in the Painted Chamber. They order the monys formerly given to the Lord &illegible; should go towards disbanding the Lancashire Forces: It was referred to the Lord General to take care to enquire how the Scotish prisoners have been disposed of, and by whom, and who have made merchandise of prisoners taken in War, either Scots or English; and that his Excellency be desired to return Certificate thereof to the house.

Ian. 8. 1648. Letters from Lime thus:

Sir,

This Town is most gallant, and Heroick of all others in the Kingdom, as they were formerly, by opposing so long and difficult a siege. Its very observable, and most remarkable to all the Kingdom, that though they have no Garrison in the Town, yet they suffer not any man to come in armed, or at least to stay many hours in the Town, before they examine him, and if he cannot give a good account that he is a friend to the Parliament, and Army, they disarm him presently, secure his person, and detain him till he can produce good friends to ingage for his integrity: Some lately come hither that could not produce sufficient testimony of their affection, they have been sufficiently handled by the Inhabitants. The Revolutions, and Transaction of affaires, now give a sufficient Caution to all the well-affected in the Kingdom, to be as jealous and strict as in this Town. And I wish all honest men would put themselves in a posture of defence and security before it be too late.

Somerton, received the same day from a private hand.

Sir,

We thank you for imforming the Kingdom in your last, of our ready, and speedy assotiation with friends Domestick, and elsewhere, for security of the wel affected of this County, and others adjacent; you may in your next tell the Kingdom, that the Lord hath raised up the spirits of all the honest party in this County, and neer us, in relation to the late proceedings of the Parliament and Army, for Common Iustice, Freedome, and Preservation: That we are no lesse then 12000 horse and foot listed to joyn with, and engage for the ends mentioned in the late Remonstrance of the Army and the Petition of the well affected of the City of London, and shall be ready in three dayes time to give a full testimony of the same (if occasion shall be) which we hope the Lord will prevent

Pontefract Castle received the same day.

Sir,

Since the last Post little considerable hath hapned in these parts. The &illegible; Gen. is not returned from the disbanding of Col. Rodes and Col. &illegible; Regiments of horse, in regard the work hath been very difficult and troublesome, yet I presume by this time the business is well nigh over. Here is no visible disquiet as yet in these parts, or any thing tending visibly thereunto; If this unluckie hole were But reduced, which I fear may yet be too long, and will be the utter undoing of this poor Country, besides the continuance of our miserable hard duty in this extream unseasonable weather, more then all the forces of the Kingdom besides. We have lately had severall counsels of war here, for the tryall of offenders, wherein we have proceeded to the execution of exemplary justice upon some, to the great satisfaction of the Country, and reformation of the Army. The wel-affected in &illegible; parts do greatly rejoyce (the Malignants are as much troubled) at your gallant proceedings against Charles &illegible; you see now the Lords and he are not independent, let them all fare &illegible; private enemies are more dangerous then publike: I think they have gone a more ready way to undo themselves, then all humans wit could have imagined. Strive to answer the providence of God in this thing, it is good indeed to follow, or come after providence, but it is as good to keep close to it, and not to lag one seasonable blow to the many seasonable words (which sure is not far off) would set the businesse much forward; expedition in this would prevent much corrupt mediators, which other Monarchs will send, to turn Iustice aside, lest it might prove an ill president to them in future. The poor people in these parts are afraid of &illegible; again, hearing rumors, as if they were preparing for a second invasion, and I perceive that is the great hope of this besieged enemy: for my part, though I am apt to believe that they are as great enemies to these late acts of the Army, as can be, and would most willingly finde a plausible way of entrance, yet I think at present they are not much to be feared. Their new Parliament begun the 4 of this instant, and certainly something considerable will be done, both in relation to the last engagement, and also to some future service, I wish they were well watched both in this and that Kingdom, that we may not suffer for want of discovery, or true understanding of their proceedings.

Westminster. 8 January.

A Letter was this day read in the House from Sir Charls Coot, from London-Derry, giving an accompt of the present affairs and condition of the Parliaments Forces under his command, which was to this purpose, That a while agone he marched forth with the Forces of that Province of Connaught, from his head quarters, the Town and Fort of Slige, seventy miles into the enemies Country, to a place called Shrewe: in the County of &illegible; that after a little conflict with the Rebels, some of them were killed, and that his party burned great store of their corn, preyed the Countrey all along, brought away one thousand of their Cows and returned without loss. That from thence he returned to London-Derry to his command, where he apprehended Sir Robert Stuart, and have since sent him over into England with a Charge against him. That since this, he hath possessed himself of Kilmore, and fourteen great &illegible; which Sir Robert Stuart endevored to block up both by Sea and Land, whereby to starve and take the City at pleasure, in stopping and offering to sink the Ships with the late Provisions of Parliament, sent thither for relief of the City; and several other Vessels from England and Scotland, which he would not suffer to pass or traffique with the City, until it was necessitated to grant him advantagious conditions. He also intimated of his seizing of Lefford Fort, Castle-Derrige, and Castle M. Gra, the fishings of Loughfoyl, and some Customs of London-Derry. The House after the reading hereof, and the Charge inclosed against Sir Robert Stuart, voted, That it should be referred to the Lord General and Councel of War, &illegible; Sir Robert Stuart by a Councel of War, upon the &illegible; charged against him; and that the prosecutors do give in their charge against him, to the Councel of War; and that the said Councel be desired to secure the person of the said Sir Robert Stuart, till the said tryal be ended. They likewise voted, that it should be referred to the General and Councel of War, to take into consideration the desires of Sir Charls Coot, to have relief and supplies speedily sent unto him. The consideration of securing Holy Island, presented it self this day to the Parliament; and they ordered thereupon, that the Lord General should be desired to take especial care of the safe-guard thereof. They gave Sir Charls Coot thanks for these extraordinary services, and confirmed his possession of Culmore-Fort, and other places. Approved of his apprehending Sir Robert Stuart and others, that fled into, and that were engaged against this Parliament and Army in this Kingdom, and likewise Scotland in the last Summers Rebellion. They vote that the Counties of Northumberland, Cumberland, &illegible; &illegible; of Durham, and towns of Newcastle and Berwick should (since the 28 of November last) have the benefit of the Sequestrations of all Delinquents, and the fines of all old Delinquents, for their new Delinquencies, for disbanding of the Forces lately raised in those Counties and places.

The Generall Counsell of the Army, intended to perfect the Agreement this day, &illegible; the sirting of the Commissioners for tryal of the King in the printed Chamber had not prevented them: The House rose betimes likewise in relation to that businesse. The Commissioners being met about three of the clock, (his Excellency being one) after (a short Ceremony performed) they fell to Debate, and came to this Resolution, viz. That to morrow morning a Herald should proclaim, and invite the people to bring in what matter of &illegible; they had against Charles Stuart, King of England. That on VVednesday next the Commisioners appointed for tryal of the King, intend to sit in VVestminster Hall concerning that business, and to direct all persons to bring in their Charges on that day. Having thus named the time and place, his Majesty is expected to be speedily sent for to VVestminster in order to his tryal: take heed of his fair words, and be not deluded.

The French in Paris have chose themselves a Generall, who no sooner was elected, but comming out amongst the people, he cast up his Hat, and cryed with much acclamation, and the people with him. Vrve le Roy, & la Parlament. They have 40000 ready to draw our against the Prince of Candy; if they be worsted the City is ruined, if otherwise, the People may redeem themselves from slavery, if they cry not up too much the King and Parliament.

Windsor, 8 January.

The King is seemingly merry, &illegible; absolutely timerous of all that &illegible; into his presence, except young Ladies, whom he salutes for the most part (if handsom) but the old Ladies must kiss his hand; the black &illegible; not attending him as the did in the Isle of Wight makes him very hot and eager in Courtship.

&illegible; week comes forth in Print-Master Brooks his Sermon preached before the Commons the last Fast, He exhorting them to Justice; the Gentleman that preached after him &illegible; discontented having his brother Loves spirit boyling in his &illegible;

Printed and are to be sold by R. &illegible; in Queens Head Alley neer Pater nosterrowe, and T. &illegible; at the West end of &illegible;

FINIS.

The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.

&illegible; in Peril, is the Mother of &illegible; Misery, and Clem: Alexand: tells us, that delays oftentimes bring to pass, That he which should have died, &illegible; &illegible; &illegible; should have lived. This made a wiseman once to say, That Reason many times desireth execution of a thing, &illegible; &illegible; may not suffer to be done; not for that it is not just, but because it is not followed. Besides, how frequent do we &illegible; &illegible; hour to be the father of greatest &illegible; Mens judgments and opinions, wavering in a moment. The Flatterer applies himself to &illegible; and opportunity; let him swallow the Golden Pill, and let us observe its operation. In hard to blinde Suspition with a false colour, when Jealousie stands at the &illegible; of an enemy: Yet would I not distrust any, without cause; &illegible; be too &illegible; without proof: but rather make Suspition a &illegible; by holding an enemy &illegible; my bosom. Frederick the Emperor desired, That his Councellors would at the &illegible; in of his Court, lay aside all deceit and dissembling. And we reade that Alexander could boast to Antipater, That his &illegible; was outwardly white, but lined with purple. Is there &illegible; Anguis in Herbs? then Cave. But Silence is a gift without peril, and a Treasure without an enemy: being more &illegible; then speech, when Enemies become the Auditors.

Westminster, Tuesday 9.

The great Complaints of Fishermen swim in the House this day, having &illegible; &illegible; allowed to protect and to maintain that great trade; Pirates from Ireland and elsewhere, making their daily &illegible; upon them, to the ruine of themselves, and that great trade of the Nation. The consideration hereof, begets an Order for four ships to be speedily set out for their relief: The care and expedition herein, is referred to the Committee of the Navy, who are now more white then &illegible;.

They Vote, that the Book wherein all the Oaths of the City of London, are Registred, to be imposed upon Councel-men, before they could be admitted to sit, or act as Common-Councel-men, should be sent for to the Committee, appointed to consider of the said Oaths, and all others; to the end, Provision may be made for the future against them.

The Committee appointed to consider of Master Hugh Audley, that would not stand Sheriff, unless he might be execused from taking the Oaths usual imposed upon Sheriffs, made report thereof this day to the House; upon which, they Voted that the said Master Audley should be excused from having the said Oaths imposed on him.

The Lords sitting this day, sent a Message to the House of Commons, who debate long, Whether the House should take any cognitance, or receive any Message from their Lordships; the debate flies high, and the result could not be had without a division of the House, and it was carried in the Affirmative. The Messengers, upon that being called in, acquainted them, That their Lordships had returned them several Ordinances, sent up formerly to their Lordships for their Concurrence. One was for the Commissioners of the Customs, to advance 6000 l. upon the security of the petty Customs for the use of the Navy: Another for continuing two Troops of Horse in Northamptonshire: A third, for levying the Arrears of Assessments due to the Army: And a fourth, for removing obstructions in the &illegible; of Bishops Lands.

The House then ordered two Members of their house, to goe to the house of Peers, and peruse the Journall of that House, and certifie the same to the House; The members &illegible; reported that their Lordships had past foure several Ordinances, which they sent downe yesterday, and had debated the Vote sent up unto them, for declaring Charles Stuart (King of England) Traytor, for levying warre against the Parliament and Kingdome; That their Lordships had &illegible; a Vote thereupon, which was to to this purpose, viz. That if any King of England shall hereafter leavie warre against the Parliament and Kingdome, it shall be high treason, and he shall be proceeded against accordingly, by the Lords and Commons assembled in Parliament. And that their Lordships had adiourned till to morrow. The House Votes a new great Seale to be made, and the old one laid aside; conceiving is more proper to have the Armes of England and Ireland, then any particular persons; And therefore voted, that the Armes of England the Harpe, and the Armes of Ireland should be ingraven in some convenient place of the said Seale; That on one side thereof, there should be this inscription; viz. (The great Seale of England) and on the other side thus; (In the first yeare of Freedome, by Gods blessing restored, 1648.) They ordered that the name of no particular person should hereafter be used for stile in Commissions and Writs, but referred to a Committee, to consider what stile should be used therein for the future. The high Court of Justice sate this afternoons concerning the Kings tryall, and ordered that Proclamation should be made with a Herald at armes, by beat of Drumme, and sound of Trumpet, that the said high Court did intend to sit on thursday following in the Painted Chamber, concerning the tryall of the King.

Wednesday. 10.

Three Lords got together this day into the house of Peers, and adjourned till to morrow morning, without doing any other businesse whatsoever. The Commons this day Voted that Mr. Pryn by his last answer concerning his scandalous Pamphlet, had denyed the authority of that House. And hearing that there was a Habeas Corpus granted for removing his Body, the House to prevent the same, Voted that the Serjeant at Armes should take the said Pryn into speedy and safe Custody. The Ordinance for regulating affaires in Courts of Iustice was read first time, and recommitted.

A Proclamation made by Serjant Denby, concerning the sitting of the high Court of Justice, for tryall of the King.

By vertue of an act of the Commons of England assembled in Parliament, for erecting of an high Court of Justice, for the trying and judging of Charles Stuart King of England.

We whose Names are hereunder written being Commissioners (amongst others) nominated in the said Act, do hereby appoint, that the high Court of Justice, mentioned in the said Act shall be holden in the Painted Chamber, in the Pallace of Westminster, on Wednesday the tenth day of this instant Ianuary, by one of the clock in the afternoon; and this we appoint to be notified by publike Proclaiming hereof in the great Hall at Westminster to morrow, being the 9. day of this instant Ianuary, betwixt the hours of 9. and 11. in the forenoon;

In testimony whereof, we have hereunto set our hands, seals the 8. day of Ianuary, Anno. Dom. 1648.

Signed and sealed by 46. of the Commissioners in the name of the whole Court.

A Coppy of the Commission from the said Court, to Serjeant Denby, for proclaiming thereof.

We the Commissioners, whose names are hereunto subscribed, doe hereby authorize and appoint Edmond Denby Serjeant at Armes, to cause this to be Proclaimed, according to the tenour thereof, and to make due return of the same, with a precept to the said Court at the time and place therein mentioned.

Signed by 46. of the Commissioners of the
Court, in the name of all the rest.

Die Martis 9 Ianuary. 1648.

Ordered by the Commons assembled in Parliament, That the same Proclamation that was made this morning in Westminster Hall, touching the Tryall of the King, be made at the old Exchange, and in Cheapside forthwith, and in the same manner. And that Serjeant Denby, the Serjeant at Armes, do Proclaime the same accordingly: And that the Guard that lyeth in Pauls do see the same done:

Henry &illegible; Cler. Parl. Dom. Com.

Serjeant Denby rid with his attendants, and a Troop of Horse before him, with the &illegible; of the House of Commons on his shoulder, and proclaimed! in Cornwall against the Exchange, and afterwards in the middle of Cheapside in London, according to the said Order.

To his Excellency Thomas Lord Fairfax, Lord General, and his general Counsel. The Humble Petition of the well-affected in the County of Hartford, &c.

weth,

THat your Petitioners do with much thankfulness acknowledge the mercy and goodnesse of God to them, and all the well affected of this Nation, in stirring up your Excellency, and the Army under your Command, to interpose between them, and their intended ruine, who (having constantly adhered to the publike interest, though the various mutations of times, and not been wanting in contributing due and cheerfull assistance towards suppressing the Common enemy, even much beyond proportion) have long waired with much patience, on those from whom we hoped for relief, yet have had no deliverance: But as in Egypt Pharaoh dyed, and another that knew not Joseph arose in his strad, who afflicted Israel; even so in our Parliament many of our worthy patriots are dead, and such new Members come in their room, as have doubled our afflictions; as in particular, they have gathered in our moneys under pretext to pay your Excellencles souldiers, but have kept the moneys, and made us keep the souldiers; some also chosen by this County, have strongly endeavored to hinder the success of such means as hath been used to secure the County, writing down to the Parl. Committees, to desist raising money, thereby to discourage the souldiers for want of pay when indeed we were in great danger to be overrun, an enemy being then (as it were) in our bosoms; besides the great indignities put upon many, who with all uprightness and faithfulnesse have served the publick, by sequestring, and secluding them from those Offices and imployments, wherein they were most usefull, as Committees, Commissioners, &c. And giving countenance and incouragement to such as might rather be esteemed enemies, and dangerous to the State, by making them Iustices of the Peace, Committees, Commissioners, &c. which makes us more then suspect they had no good design upon us; and when we consider what Ordinances have past the Houses for suppressing the Book of Common Prayer, and how long Members of Parliament at our Counties Sessions, have not only reasoned, and pleaded for those Laws which binde the people in Conformity thereunto, but punished divers by imprisonment, for not observing the same: we can in reason expect no case, but rather torture for tender consciences: but above all, we must needs look upon the late Treaty, wherein they so strongly engaged, as the most prodigious and horrid thing they could have attempted, to the utter, and inevitable ruin of the whole Kingdom, and their own perpetual shame and Infamy, especially, if their Declaration of no more Addresses have any truth in it.

We therefore humbly beseech your Excellency (whom by many sweet experiences we have found to be Pater Patrie, a Friend and Father to your countrey) to look upon our miserable distresses and distractions, with a tender and regardfull eye, to take care for the speedy settlement of our almost ruined Nation. To make good your severall Declarations, Remonstrances, and Proposals lately set forth, (that we may not languish in a tedious expectation of benefit by them) not forgetting your ingaged care, that the Petitions presented to your Excellency and the House, by the wel-wishers to the publick, especially that of 27 Heads, of the 11 of September last, may have their timely consideration. That Iustice may be administred to all, and that those that have been Capitall offenders, may have due punishment, and be presidents to future Generations: More particularly, that secure and timely provision he made against persecution for conscience sake, by the usurped power of the Magistrate, as also against the exercise of Arbitrary, power, over any mans person, or Estate, and against them tollerable oppression of tythes free-quarter, &c.

And in your Excellencies prosecution of these, or the like things, as matters of Iustice and Freedom, (though it should be in wayes extraordinary) your Petitioners will stand by you, and assist you with their Estates and Lives.

Augsburgh, the 16 December.

The Commissioners that have been appointed to see the Artleles agreed upon &illegible; the late Treaty, are still remaining at Vim, being staid there about the ending of some differences, not yet concluded in the Diet, which is hold still in that place &illegible; in the mean time a Trumpeter hath been sent to Munic, to the Duke of navaria, to know of his Highness, Whether he remaineth still in that resolution, to see the Articles of the Treaty were observed, or not, chiefly concerning that Town; seeing there is lately gone into it above two hundred foot souldiers, besides those that had been sent thither a few days before: there is a small party of horsemen gone into Memminguen also. The Cessation of Arms hath also been published with the found of Trumpet in Nordlinguen, where every Citizen hath been cared ten Gelders, towards the payment of the Swedish Army.

&illegible; the 17 of December.

The Duke of Bavaria having obtained his demands at the late Diet held at Wasserburgh, even that the Estates there assembled should take upon them to satisfie and pay such arrears as are due to his Army; therefore the Bavarian Generals are gone to the said town of Wasserburgh, to confer with the said Assembly. This Army hath still its chief quarter at Sult bach in the upper Palatinate, and the Imperialists remain still at Budweis; some Regiments being sent to take their Winter quarters in the Emperors Hereditary Countryes, till a new order be sent.

Leipsich, the 20 of December.

According to the Agreement made at Prague, between the Deputies of both parties; the Swedish Generals are contented to forsake Bohemia, and to quit those places which they hold in that Kingdom; their forces being already gone over the Moldaw at Colm, that so they may quarter in those seven Circles (or Counties) which are appointed for them, being agreed upon betwixt both parties, that the Swedish forces shall quarter on this side the Elve, and the Imperialists on the other side of the River; it being also agreed, that there shall remain in Prague one thousand Musquertiers in that part of the City, called the Little Town, till such time as they have received their full satisfaction for the moneys that are due at the first payment; which being done, they are totally to quit the town. The Prince Palatine of Sweden is to have his head quarter at Ersurt, the General Koningsmark at Halberstad, the General Wrangle at Schwinsurt, and the General Wittenberg, in that part of Prague called the Little Town; from which place, there marched out the eleventh instant, some Swedish Troops, viz. The Regiments of Rore, Axellilie, and Zebel; and at that very time the Schollers did also quit their posts, where they had strongly intrenched themselves in the old Town; after that, the Colonel Coloredo, who is Governor of Prague, had given them &illegible; any thanks in the name of his Imperial Majesty, for the good services they had performed, for the defence of the City, during the time it had been besieged; they thewing so much valor and courage, that they did even beyond expectation; and the better to express it unto them, there was some moneys given among them, and pieces of cloath, that so they might get new apparel, whereof they stood in great need.

The six instant, the Duke of Saxony Lawernburgh, did feast at the said City of Prague, the Prince Palatine of Sweden, and his brother, the Palatine of Heidelberge, the Duke of Weeklenburgh, the Generals Wrangle, Koningsmarks, and Wittenberg, and some other high Officers of the Swedish Army.

Franckfort on the Main, the 28. Ditto.

The French forces that quarter in these parts, have lately sealed the walls of the Little Town Seligenstar, where they intend to quarter, and also have done the like at Elfelt, where one of their Regiments lyeth quartered, besides another that is gone to quarter at Moguntia.

From Munster the 28. of December.

The 22. instant was brought hither the ratification of the peace of Germany from Sweden, and two dayes after was brought also the same from France, which hath been here a great occasion of joy unto all the Deputies that are yet here, as also there was great rejoycing through the Citie, so that there remaineth nothing more to doe, but to deliver from one to the other the said ratification, that it may be a thing firme and stable.

From Amsterdam the same day.

This Citie hath promised to send within ten or twelve dayes to the Hague, an Answer to what hath been demanded of them, viz. whether they would declare against the King of Portugall, in case he would not make restitution of those places which he holds in &illegible; which the Hollanders alledge to have been unlawfully regained from them by the Portugais, although it is well known the Portugais did first discover it, landed there, inhabited it in some parts, and have freely and quietly enjoyed it, till such time as the King of Spaine, having got possession of the Kingdome of Portugal, and the Hollanders being then in their Orient, did invade that Country, not as being Portugaises, with whom they never had had any quarrell or falling out, but did consider them, as being the King of Spaine Subjects, never considering, what title, or in what manner he was become Master of that Kingdome, whether justly, or unjustly for the truth thereof, the successe hath been a great evidence, how it was no better then an usurpation and therefore makes the Hollanders title, or claime to it so much the weaker, and of lesse value; it is scarcely believed that the City of Amsterdam will very hardly engage in that warre, there being many reasons against it, for besides a strong partie there, that is well affected to the Portugais, there is want of many things that are chiefly necessary for the setting forth of a Fleet, and therefore will sooner follow their trading in all parts, then to venture in a warre, which is very dubious, and in the end can produce but little good unto them.

From Milan the 17. of December. 1648.

Dem Octavis Guaschi, Field Marshall Generall of the Lorraine Forces is lately come to this City, from whence is gone Count Francesco Sorbelloni to Madrid, where is lately deceased Dom &illegible; Sajaucdra, heretofore one of the Plenipotentiaries for his Catholique Majestie at Munster. Our Governour, the Marquis of &illegible; having advice of the landing at Genea, of six hundred Spanish foot souldiers, commanded by D George de Vlione, which men are sent to serve in this Dukedome for the defence thereof, therefore he hath sent thither for their Convoy the Regiment of Dragoones of Dom &illegible; de Viglians, who was in the Country of &illegible; upon the borders of Montserrat, where they have plundered all those places that have refused to pay contribution. We are put in hopes of more forces that are to come, which will amount in all (as it is said) to 4000. foot souldiers that are to be here, and made sit for the next Summers expedition; but our Treasure is so exhausted, that hitherto the Princesse of Mirandula could not be paid off her yearly pensions, neither the Catholick Cantons of the Switzers and Grisons, although Dom &illegible; Caser, the Spanish Embassadour at &illegible; lately come hither himselfe to hasten the payment thereof, without with there is no faire correspondence to be kept with them.

From Barcelona the 20. of December.

Dom Diego Cavatiero Governour of Lerlda did march out lately from thence with a party, consisting of 500. foot, and three hundred horse, intending to have fallen upon the little Towne of Castillan de Farfague, which is neare Belaguier and having entied the Towne, to have taken the Castle by an onslaught, which is no strong place, but very ill fortified. But as he was going to cease upon the Church, the Governour of the place fallied out of the Castie, with a party of his garrison, and some of the inhabitants which fled thither and after a very hot encounter they put the enemy to flight, there being eighty of them slain upon the place, with one of their best Captains, and three of them taken prisoners.

Vurin, the 26 December.

Our Senator &illegible; is here returned from Casal, where he had been sent to the Duke of Mantua, to renew the Treaty which had been begun formerly betwixt him and one of our Princesses, which did not proceed one while, but a demur was made by reason of some pretentions which the said Duke had upon some Lands in the Montefertati, which Lands he demanded to have as a Dowry. For his pretended Spouse; in lieu whereof, he hath propounded to make a double match, in proffering his sister to be married unto the Duke of Savoy. The greatest part of the French forces that serve in this state, are gone to take their quarters in Daufane in the Kingdom of France. The Spaniards have demolished the Castle of Cencio, and have carried the Goods, Ammunition, and what else was of any worth to Final; so that at present, they have no more strong places in the Country of the Langhes.

Narbonne the same day.

The twentieth instant, Mr du Bosquet (heretofore Lord Chief Justice in this Province of Langue doc, as also for that of Guienna) had the Bishoprick of Lodeva bestowed upon him by His Majesty, and was transmitted into holy Orders, and after consecrated by our Archbishop, having for his assistants, the Bishops of Beziers, and Alez.

Toulon, the 28 Ditto.

We have received advice, that the Galleys of Monaco have lately taken a ship bound for Naples, having in her above two thousand quarters of Corn, besides other goods; and that they chased another a whole day, but could not by no means take her, being put from it by reason of the soul weather that happened of a sudden.

Collen the 29 of December.

Our Prince Elector hath received order to quarter some Regiments of the Swedish Army, in the circles of the Rhine, and of Westphalia, which is no small grief to the inhabitants; who being sensible of the miseries which the late wars have brought upon them, in the quartering of souldiers, and monethly taxes, besides extraordinary raising of moneys; whereby they are so impoverished, that they are so far from being in ability to give them entertainment, or to quarter them, as they are scarce able to finde any livelihood for themselves. There was also a motion made to send General Lamboy into Bohemia; but it is thought, that he will not so soon undertake the journey, being our Elector hath an intent to keep here, upon a designe that he hath to be revenged upon those of Lukeland.

&illegible; the 9 of January.

The King having taken in his Protection, before the late wars of Germany and &illegible; the Duke of Gelders, who is Earl of Egmont, one that hath been exiled long from his Country, and forced to remain many yeers in London: the &illegible; Christian King hath given him testimonies thereof lately at Munster, where the French &illegible; had a special command to preserve his Rights and Prerogatives; and yet since that time, at Rome, where the French Embassador by his Masters Order, hath stopped the dispatches, and other writings given in that Court, about the Bishoprick of &illegible; in the Low Countries, which is a dependance of the Dutchy of Gelders, given to one by vertue of a &illegible; from the King of Spain, and now is following it, to get an admission for Master &illegible; &illegible; Suffragant of Lukeland, who hath obtained Letters to that &illegible; from the said Duke.

From Milan the 16 of December.

The last week, Cardinall &illegible; our Archbishop caused here to be made &illegible; procession by all the Clergie, as well secular as regular, from the &illegible; Church, to Saint &illegible; del &illegible; to implore Gods assistance against their enemies. The Marquis of &illegible; our Governour is gone from hence &illegible; some Troops of Horse, and marched towards &illegible; &illegible; &illegible; &illegible; between &illegible; and &illegible; and the fourth instant is gone over the &illegible; Adda, so to enter the Country of &illegible; but they have been repulsed by &illegible; French &illegible; that were left to keep those passes; he hath also sent to &illegible; &illegible; Prince &illegible; &illegible; &illegible; with some trained hands, who are to remaint &illegible; still the works that are to be made there be quite finished, and hath sent to &illegible; &illegible; &illegible; the Colonell &illegible; &illegible; towards the &illegible; &illegible; that so they may &illegible; that enemy from turning away the water that &illegible; to &illegible; and so &illegible; &illegible; City.

From &illegible; the 20. Dito.

There is a great number of workmen sent from this Citie, to repaire the late losse happened at &illegible; chiefly about the repairing of the &illegible; of &illegible; &illegible; Tower, and a summe of money being sent from this State there being fore Gentlemen &illegible; to &illegible; it &illegible; The Spanish Party havely sought &illegible; have a summe of moneyes, which they intend to imploy in the raising of some &illegible; Regiments, proffering to give &illegible; and other places neare it for &illegible; but this State doth not intend to advance any more moneys, till they see &illegible; play &illegible; they have had formerly, being this many moneths in expectation from &illegible; for the ratification of the sale formerly made of &illegible; &illegible; and all that be finished, nothing is to be done concerning new businesse. We &illegible; from &illegible; that the &illegible; of &illegible; is still kept prisoner so close, that &illegible; is suffered either to soe him, or speake with him, but in the prefence of his &illegible;.

From Rome the same day.

The &illegible; &illegible; is gone from hence to &illegible; where her husband doth &illegible; is chiefe for the Spanish party; and the Marquis &illegible; is returned againe to Naples. We heare from Naples, that the inhabitants of Saint &illegible; neare unto &illegible; are still in Armes, being resolved to oppose the proceedings of the Marquis of &illegible; their Lord, having &illegible; some of his Officers, the like hath been done by the inhabitants of &illegible; having lately slaine a Commissary sent her by the Spaniards.

From &illegible; Jan. 11. &illegible;

Sir, Here is very great posting to and again from London to &illegible; &illegible; day &illegible; servant to the Duke is &illegible; towards Scotland; he came from thence, and went &illegible; London not above three works or a moneth since: He saith he &illegible; no Letters, and &illegible; he &illegible; them not &illegible; he is esteemed as cunning a Scot, as &illegible; of &illegible; many, and &illegible; party &illegible; &illegible; as I yet &illegible; I have not yet heard what is done &illegible; the Parliaments &illegible; onely that &illegible; and some other Lords are confined to their Houses, and Chancellor &illegible; &illegible; President, I am yours.

Thursday. 11.

The Ordinance forsetling and regulating the Affairs of the Navy, was read the first time and committed for something to be added thereunto: As for taking away and making voyd all &illegible; Offices and Fees from Merchants, which will he much case to the Merchants, who &illegible; was forced to run to several impertinent Offices for payment of Fees, before &illegible; Goods could be Landed. The &illegible; man that &illegible; the Warrant on Master &illegible; to the him into custody, reported to the House his Answer, viz. That he was &illegible; &illegible; by some Members of the Army, &illegible; no perform his duty in Parliament, and since hath &illegible; secured by them; and ill &illegible; &illegible; was takes off, he could not submit to the Warrant, to be taken into the Serjeants custody. The House being upon other businesses of &illegible; concernment, thought it below themselves, to take further notice of such as considerable person; but inclined rather to hear the Armies Answer, concerning the secluded Members; which they voted satisfactory, as to the substance thereof, naming a Committes to consider what might be done further in relation thereunto.

The Common Councel of the City &illegible; till three of the clock this morning, concerning the collecting the &illegible; of the City, and other thing of importance.

The Lords met this day in Court, and adjourned till tomorrow morning.

Some of the most sidged Presbyterian Ministers desired (in respect some Officers of the Army, had formerly desired a meeting with them, to dispute the Legality of their present proceedings, and having falled the said Officers at that time) that his Excellency would be pleased to give Order for some Officers, to &illegible; them a meeting this Afternoon, at three of the clock at his Excellencies own house; which granted, they met accordingly, none being admitted to come into the Room, but such as were appointed to dispute the business. Some general Arguments were then infisted on for about two or three hours. The Officers of the Army &illegible; for particulars to be insisted on, to the end they might come to the depth of the &illegible; &illegible; a &illegible; fat is faction therein: the Ministers desired another time for &illegible; &illegible; which &illegible; granted accordingly. The Officers desiring a day weekly to argue particulars &illegible; them.

Friday. 12.

Upon the Petition of the &illegible; for sale of Bishop Lands, the House Voted, That a &illegible; &illegible; past under the Great Seal, for Confirmation of all the Purchases made thereof, &illegible; &illegible; all Officers acting therein.

They Voted, &illegible; &illegible; and Chapters Lands should be put to sale for the advance of a speedy &illegible; of &illegible; 200000 l. to be advanced out of the same, for present and urgent &illegible; of the Navy &illegible; and 100000 l. more for other great &illegible; of the Nation. And because the Ministry should not be too much offended herein; they ordered, that a Committee should be appointed, to consider how the Ministry of the Kingdom, may be provided &illegible; in some &illegible; ways.

Saturday. 13.

The &illegible; to the Ordinance for regulating the Affairs of the Navy, and taking off some &illegible; Fees from &illegible; were reported and assented unto; and this Act was ordered to be ingrossed in Parliament, but no Lords concurrence to be &illegible; thereunto, and its conceived will never be again to any other.

The House had Information, that five ships were sent from &illegible; northwards, and &illegible; the Parliament ships had taken one of them, their designe not known, but something thereof apprehended. Ordered, That the Committee of the Navy should consider &illegible; the Lord Admiral, if he was in Town (which was welknown he then was not) of sending shipping forthwith northwardly, and others towards &illegible; They vote Sir George &illegible; should be desired, for this one time, to go with Captain &illegible; in this expedition. &illegible; the Warwick Frigot should be imployed in this Expedition, notwithstanding all particular pretences to her by any persons whatsoever. That Captain &illegible; men, that are &illegible; in, should have two months pay.

&illegible; Ian. 13. Maior General Lambert &illegible; returned hither from the disbanding of two Militia Regiments of horse, and is now again gone to the disbanding of Col. &illegible; and the foot Regiments lately before Scarborough, wherein it is hoped, there will not be much difficulty, unlesse want of money retard the work: He is very active and painful &illegible; these publick services, and if affairs succeed well in the South, these miserable destroyed &illegible; and the whole Kingdom will reap the fruit thereof. This Enemy is yet resolute, and keeps us upon hard duty; but I hope in a short time, he will appear but fool-hardy. Our &illegible; and Morter-peeces, together with the Ammunition, is now come into this Town, and they will play very shortly: They now and then drop away out of the Castle, but are still very active with their great and small shot, to prevent our work.

Munday. 15.

A Declaration was read at the Councel of the Army at Whitehal, to be presented &illegible; the Agreement, to the House, after subscribed; and another Declaration to be published to the Kingdom with the said Agreement to this purpose, viz. That having since &illegible; end of the last War, waited for a settlement of the Peace and Government of the Nation. And having not found any such essayed, or endevored by those, whose proper work &illegible; their many Addresses and others in that behalf, rejected and opposed, and onely &illegible; &illegible; closure endevored with the King on terms, serving onely to His interest, and theirs that promoted. And being thereupon for the avoidance of the evil thereof, and to make a &illegible; for a better settlement, necessitated to take extraordinary ways of Remedy, (when the ordinary were denyed) now to exhibit our utmost endevor for such a settlement; whereupon they may with comfort disband, and return to their Homes and Callings and that all Jealousies may be removed, to oppress or domineer over the people by the Sword; and that all may understand the Grounds of Peace, and Government. They have at last (through Gods blessing) finished the Draught of such a Settlement in the nature of an &illegible; of the people, for Peace amongst themselves: It containing the best and most hopeful Foundations for the Peace and future Wel-Government of this Nation, that they can possibly devise. And they appeal to the Consciences of all that reade it, to witness, Whether they have therein provided, or propounded any thing of advantage to themselves, in any capacity above others, or ought; but what is good for one, as for another. Not doubting those worthy &illegible; of Parliament will give their seal of Approbation thereto, and all good people with them. But if God shall (in his Righteous Judgments to this Nation) suffer the people to be so blinded, as not to see their own common good and freedom endevored to be provided for therein, or any to be so deluded with their own, and the &illegible; prejudice) as to make opposition thereto; whereby, though the effect of it be &illegible; they have yet by the preparation, and tender thereof, discharged their Consciences to God, and duty to their Native Countrey, in their utmost endevors for a settlement unto a just, publike Interest; and hope they shall be acquitted before God and good men, from the blame of any further troubles, distractions, and miseries to the Kingdom, which may arise through the neglect, or rejection thereof.

London Ian. 15. Sir, As God is the preventer of all wicked Designs, so doubtlesse he will, as he hath hither to done, &illegible; all the &illegible; of those that do oppose the Peace, and settlement of this Nation. We finde here that the secluded Members, and violent Presbyters that seek the blood of Gods people, and the diversion of all honest endeavors to establish a true peace, and Religion (indeed) in this Nation, have their private &illegible; daily, how they may divert, justice (contrary to all the desires of the several Regiments, and Garrisons and all the honest party in the Kingdom) to be executed upon his Maiesty (And for this purpose &illegible; &illegible; &illegible; and others of that sect, gave out in their Pulpits this last Lords day, that they desired that the King might be Convicted and Condemned, but not Executed, (a fair pretence, and &illegible; Gloss to obstruct the intentions of all Gods people, and the whole Army, for Justice upon his Majesty) This design thus laid by the secluded Members, and regid Presbyterian Ministers; a desire in &illegible; thereof must come this day from the King, that Mr. &illegible; Mr. Tho. &illegible; and Mr. &illegible; may attend him, for satisfaction of his Conscience &illegible; well hoping upon a favorable report from them thereof) (who I doubt not will be faithful herein) that he may give an opportunity and ground for some men to work thereupon for saving his life; but unlesse it can be proved, that no man ought to suffer for Criminal offences in the time of the Gospel, (as some do, under pretence we are all sinners) not regarding all the blood shed in the three Nations, (and many of them most precious Saints,) breach of Trust, Perjury, and the ruine of three Nation. I cannot joyn with, and till that be proved, I protest against that odious, destructive, and abominable judgement, and desire the great promoters of this &illegible; design, to explain themselves herein by my next, hoping to give them such Arguments to the contrary, that shall give all &illegible; men satisfaction (unlesse wilfully or &illegible; blinded) to the contrary; but if the Army, Garrisons, and wel, affected in the Kingdom do not adhere to their former Declarations and Petitions concerning Iustice upon this Grand Melefactor. I fear we shall be &illegible; &illegible; our intentions herein.

The now (and never before) Common-Councel of the City of London, to oppose &illegible; wicked designe in the &illegible; thought it necessary, and of necessity to Petition and encourage the Parliament, to prosecute what God hath dictated to them from the desires of all the godly party of the Kingdom, in relation to Justice, and otherwise for peace, or settlement to this Nation: which this day, with a Narration against the now Lord Major, and neutral Aldermen, who would not joyn with them in either, but endevored rather an obstruction of both (by withdrawing from the said Councel at the debate thereof) was presented to the Parliament, who gave them extraordinary thanks for the same; ordering the said Petition or Narrative, and Answer, to be forthwith Printed, referring it to a Committee to consider further of the Lord Major and Aldermens proceedings herein; in which (so loons as reported) some thing further may be done in relation thereunto.

The Declaration concerning the recalling the former Votes, for taking off non-addresses, and for justifying the late and present proceedings of the Parliament, was this day read and affented unto. The House ordered 1000 l. to be forthwith paid out of the Ravenue, for defraying of some incident charges, concerning the Tryal of the King.

Windsor Ian. 25. Sir, The King is seemingly merry for the most part though &illegible; &illegible; of the Parliaments proceedings against him. He asked one that came from London, now &illegible; yong Princesse did as London? He answered, she was very &illegible; the King replyed, and well the &illegible; &illegible; when &illegible; &illegible; what death her old father is comming unto. We finde his discourse of late very &illegible; and talking much of women, which he is sure for the most part to bring in at the end of every subject. One telling him that the parliament intended to proceed in Iustice against him, he answered most simply and &illegible; &illegible; can question me for my life &illegible; The generall Counsell of the Army this my past &illegible; &illegible; &illegible; the House, another to the Kingdom, shewing the grounds of the Agreement, which after past, many Field Officers, and others of the Army signed the same, & Letter was read from Sir Lewis Dives in France, directed to the said Councell, desiring not he might be exchanged for Lieut. Col. Iohn Lilburn (who was taken by pyrates at sea, &illegible; &illegible; was going into the North to settle his 1000 ll. granted him by the parliament for his &illegible;) and cartyed prisoner into France, which is contrary to the Law of Nations having &illegible; wayes acted against that Kingdom, whereby he can be in the capacity of a prisoner, and if they detain him long, the parliament may and ought aswell to selfe their Ambassadour Agent, or other publike person here, or so many of the Kings party, till he be released.

The High Court, concerning the Tryal of the King, heard His Charge read, which &illegible; very long; and therefore ordered a Committee to abbreviate it if they could, and &illegible; the proof upon the matter, of Fact thereof, and to report all on Wednesday near &illegible; of the clock in the morning. They ordered, that the Parliament should be moved to &illegible; the next term for fourteen days longer, in respect of this Tryal. In order whereunto, they are making the Courts of Kings Benck and Chancery into one place of &illegible; for the better accommodation to His Majesty, and the Commissioners.

From Paris. Jan. &illegible; &illegible;

Since, instant, We have been much troubled with the Inundation of the River of Sein, but not at all affaulted with the Court Forces; who have likewise been so troubled with the said flood, that it hath been impossible to undertake any hostile action. The preparations for the war are continued here in Paris, with great heat, and all the guards are very strict; the &illegible; three times more in all the Suburbs then formerly; namely, in the &illegible; St. &illegible; Last night they made a Talley to meet the bread of &illegible; and another of 500 horse out of the Port St. Jaques, to convey the Provisions that are to come out of Beausse; but they are resolved &illegible; &illegible; out the whole body of the Army, until the waters are decreased, and &illegible; &illegible; in posture to gain a victory; which they doubt not in a short time but &illegible; accomplish. The three Generals that are to command by turns received on Thursday each of them 25000 Crowns. The Parliament taketh more and more the Authority; they passed an Arrest of Junction (all the Chambers being assembled) more firm then ever; which hath been subscribed by the Common Councel of the City, who will prove very honest. The &illegible; of Paris doth freely raise a Regiment of horse and a Regiment of &illegible; under the Command of the Earl of Moor: the Queen Regent and &illegible; are more angry at him, then any other. The advocates of this Parliament have taxed themselves to 50 Crowns each and the Attourneys to 20 Crowns. The Scriveners of Paris offer to advance 30 Millions of &illegible; if the Parliament, and Chamber of Accompts do engage their faith for the same. The Duke of &illegible; is Generall of the horse of &illegible;

London, Printed for R. W.

The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.

THe death of the wicked, is safety to the righteous; and that Judg ought to be condemned, that executes not judgment upon the person of the guilty. And though our Laws were formerly like Spiders Webs, to catch the small flies, and let the great ones go; yet shall we now finde that Justice will run down like a mighty stream, and be as impartially executed on him that fits on the Throne, as he on the Dunghil. Upon this score, the great Court-Fly of the Nation, is this week flown from windsor to London, in order to His Tryal in westminster-Hall.

To the Honorable, the Commons of England assembled in Parliament:

The humble Petition of the Commons of the City of London in Common Councel assembled:

Sheweth,

THat seriously weighing those unspeakable coyls, difficulties, dangers, and temptations, in every kinde, wherewith you have been hotly assaulted for many yeers together; by the powerful influence whereof, many great pretenders to the publike interest have been wrought off from the same: And withal, considering that all these, notwithstanding you have stood like a mighty Rock, firm and constant to your Trust; and are now acting after such a Rate as our dead hopes break forth with triumph from their Graves: We cannot but with inlarged hearts bless the God of Heaven for you, and (if it were possible) in the hearing of the whole world, proclaim our thankfulness to you for the same.

And apprehending, That the Non-Execution of Justice, the Intrusting of the Militia, and Navy in the hands of Neutralists, unfaithful, and dis-affected Persons; the great decay of Trade, the protecting of many mens Persons and Estates from the due course of Law, and the unsettled condition of this Nation, are some of the great and principal Evils under which the hearts of thousands of your friends (yea, the whole Land) groan: We humbly pray,

  • 1  That as you have begun to advance the Interest of unpartial Justice, so you would vigorously proceed in the Execution thereof, upon all the Grand and Capital Authors, Contrivers of, and Actors in the late Wars against the Parliament and Kingdom, from the highest to the lowest; that the wrath of God may be appeased, good men satisfied, and evil men deterred from adventuring upon the like practises for the future.
  • 2  That the Militia, Navy, and all places of Power may be put in the hands of none but such as by a constant and uniform tenor of their words and actions, have approved themselves faithful unto you, and the Just Rights of the Nation.
  • 3  That with all convenient speed, you would think upon some effectual course for the recovery, and increasing of the almost lost Trade and Manufacture of this City and Kingdom.
  • 4  That no Priviledge whatsoever may exempt any from the Just Satisfaction of their due debts.
  • 5  That having by your Votes of the fourth of this instant January, Declared, That the Commons of England in Parliament Assembled, have the supream Power of this Nation; you would (as far as you are able) endevor the setling thereof, upon Foundations of Righteousness and Peace: In the maintenance, and prosecution of which Votes, and of these our just and humble desires, We are resolved to stand by you to the &illegible; of our power, against all opposition whatsoever.

Die Martis, 16 Januarii, 1648.

An Act of the Commons of England Assembled in Parliament, for the Adjourning of part of The Term of Hilary, 1648.

THe Commons assembled in Parliament, holding it convenient and necessary, for divers weighty Reasons and occasions, to Adjourn part of the next Term of Hilary; that is to say, From the first Return thereof, called Octabis Hilarii, untill the Return of Crastino Purifications next ensuing: Be it therefore Ordained and Enacted by the Commons assembled in Parl. and by the authority aforesaid, That the said Term of Hilary be adjourned, that is to say, From the return of Octabis Hilarii, unto the said return of Crastino Purificationis: And all and every person or persons which hath cause or Commandment to appeare in any of the Courts at Westminster, in or at the said return of Octabis Hilarii, or in, or at any day or time from and after the said return of Octabis Hilarii, and before the said return of Crastino Purificationis, may tarry at their dwelings, or where their businesse otherwise shall lie, without resorting to any of the said Courts for that cause, before the said return of Crastino Purificationis next comming, and that without danger or forfeiture, penalty or contempt to be in that behalf. And be it also Ordained and Enacted by the authority aforesaid, That writs of Adiournment shall be directed to the Justices of the said Courts, giving them. Authority to adiourn the said Term of Hilary; that is to say, From Octabis Hilarii, untill the said return of Crastino Purificationis, as before is said; And the said Adiournment shall be made in the first day of the said Octabis Hilarii. And be it further Enacted and ordained, That all Matters, Causes and Suits depending in any of the said Courts, shall have continuance, and the parties shall have day from the &illegible; of these presents, unto Crastino Purificationis, as before is said: And the Commissioners of the Great-Seal are required to issue forth &illegible; accordingly. And be it further Ordained, That the Sheriffs of London, and all other Sheriffs of of the several Counties in England and Wales, do forthwith proclaim and publish this act in the chief Market. Towns within their several and respective Counties.

H. Scobel, Cler. Parl. D. Com.

Ordered by the Commons assembled in Parli. that this act he forthwith Printed and Published; And that the Members of this House do take care for speedy sending it down to the Sheriffs of the respective Counties, within the Kingdom of England and Dominion of Wales.

H. Scobel, Cler. Parl. D. Com.

An excellent Petition was presented to his Excellency from the County of &illegible; and because never Printed, take it here at large, with his Excellencies Answer thereunto.

To the Right Honorable his Excellency, Thomas Lord Fairfax, and the General Councel of the Army.

The Humble Petition of the known well affected Inhabitants of the County of Surrey.

Sheweth,

THat the Enemies of this Common-wealth, being (by the blessing of God) upon the endevors of the Army under your Excellencies Command, totally vanquished and subdued, and a fair opportunity thereby offered to settle the &illegible; of this much oppressed, and impoverished Nation, upon Grounds of Freedom and Safety. Your Petitioners well considering the same, and looking upon this Army, as those whom God hath chosen to be Instruments for so good an end; well weighing the miserable consequences that will unavoidably follow, in case you should neglect, or not make a right use of this season and hopeful opportunity Upon consideration hereof, we are encouraged with urgency of Spirit, to importune you, that all private Interests being laid aside, which hath so memorably and lately &illegible; the means of our distractions, you would cordially and industriously set your selves as a means to establish the Government, and remove the griavances of this Nation; and in doing thereof, that you would have a special regard to the Desires in that Petition of the 11 of September; and above all things, avoid the perpetuation of Command, Trust, or Office, in the hand of any person or persons, it having proved by the sad experience of all Ages and Countries, and of our own in particular, the means of Corruption and Tyranny in those that are trusted, and of bondage to the people. Considering likewise, that the &illegible; of the wel-affected people have been very much increased for their affection to you and their Country, in that the power of most Counties hath been placed, and still is in the hands of such as have been most opposite to your proceedings, whereby your friends have been, and are lyable to many affronts and abuses; seeing likewise, that such as have assisted the publike enemy, have justly forfeited, at least for a time, their title to places of Trust and Office: Upon consideration of the premises, it is humbly and earnestly desired.

1. That you would speedily and effectually prosecute the particulars in your Remonstrance, and in the Petition of the 11 of September; and especially, that you would be a means for the chusing a new Representative, in such maner, as it expressed in a Paper, intituled, The Agreement of the people; that so the affairs of this Nation, may be managed by a legal and regular Authority.

2. That you would be very circumspect, in reserving from the power and trust of succeeding Representatives, such particulars as are mentioned in the said Agreement. Chiefly, that we may not be compelled to any thing about Matters of Faith, nor restrained from the Profession thereof in the exercise of Religion, nothing being more neer and dear unto us; by intrenching upon which proceeding, Parliaments have very much violated the Liberties of the People; kept the Nation in ignorance; occasioned frequent Divisions, Wars, and the miserable Consequences thereof: And that all other grievances, as are generally complained of, May either by the Agreement be removed, or proposed therein, to be taken away by the succeeding Representative, in such a maner, as that the people may, as neer as may, be ascertained of their removal.

3. That the Commissioners of the Militia, the Deputy Lieutenants, Sheriffs, Justices of the Peace in this County, and all other places, may be chosen by the wel-affected inhabitants thereof, and that all such as have assisted the King in purse or person, or appeared in the late tumultuous engagement for a personal Treaty, or that have otherwise abetted the same, or that may be charged with any probable suspition of evils to their countrey, may upon a penalty be for a time prohibited from being chusers, and made uncapable of being chosen into any the aforesaid places, or trusts, that so such as have expressed a constant good affection to their Countrey, and hazarded themselves in times of its greatest necessities, may no longer be trampled upon by their haughty and imperious Adversaries: That all dangers of Future insurrections in this County, and elsewhere, may be prevented, and the hands of yours, and this counties friends, strengthened. And that just accounts may be taken of this Counties disbursments, and its real friends distinguishment, from such as under a Cloak thereof, are its secret, and worst of enemies.

Lastly, We humbly desire that your Excellency would make a due construction of what we here present unto you, as proceeding from the integrity of our hearts, and that you would use the most speedy and effectual means for the accomplishment of our Desires: So shall we think our former miseries well recompensed, and daily blesse God for the happy deliverance, which by your means he hath vouchsafed to us: But if you shall now lose this opportunity, which God hath wonderfully put into your hands, and thereby give up this almost ruined Nation, into the hands of its mercilesse enemies. God may shew you, when too late, your fayling, and finish our deliverance some otherway: Therefore we again most humbly and earnestly intreat, That these our Just Desires may be without delay accomplished, that so this poor distempered, oppressed, exhausted, and afflicted Nation may be relieved, and our selves, with all the faithful, engaged to lay our all our endeavors for your assistance.

His Excellencies Speech to the Petitioners, upon the reading of their Petition.

The Petitioners having first presented their Petition to the General, after almost half an hours discourse with them, had this Answer returned by his Excellency.

THat be did very much approve of their forwardness therein, and gave the Petitioners hearty thanks for their good affections to the publick; and further said, (or &illegible; effect,) Although God hath no need of the Creature, upon whom we were not &illegible; &illegible; yet every one in their places ought to seek after the good of the publike, as God shall stir them up. And further said, That he doubted not but those which were in Power would indeavor the same.

Hereupon his Excellency reserved it to be considered of by the General Counsel of the Army, and the said Counsel gave Order to Colonel Harrison to return this Answer, to wit, That they had well considered of the Petition, and was required to return the Petitioners hearty thanks from the Lord General, and the General Counsel, and that most of the particulars therein were now in agitation, and the rest should, as conveniently as may be, taken into consideration.

A Letter from the Court of Parliament at Paris, sent to all Majors, Bailiffs, Sheriffs, and other publike Officers in the Kingdom of France.

GEntlemen,

Although we doubt not, but that the Court hath always been careful, in all Occurrences, to use their best endevors for the preservation of the State; thereby making manifest their fidelity to their Soveraign. Nevertheless, as the Cardinal Mazarini, who is an utter enemy to the Kingdom, seeketh by all means, yea by an open violence and force of Arms, to oppress the Kings Authority, that of this Court, with the publike Liberty; and this he doth seek to accomplish, having to that effect, caused this City of Paris to be invested, and moreover, to have conveyed the King from thence at two of the clock in the morning. We therefore do give you advice that here inclosed, we send you such Orders from this Court, as are made concerning these present affairs, and particularly touching the aforesaid Cardinal Mazarini; wherein he is proclaimed a disturber of the publike peace, and enemy to the King and Kingdom: And by another Order from this Court, we do forthwith charge and command all forces and souldiers, quartered in any Towns or Boroughs, that they quit all those places upon publication thereof, or in default, and for refusal so to do, give power to the Commons of this Kingdom, to seize upon all those that shall act or do any thing, contrary to the premises, or be abettors, or maintainers, in any wise, of this Cardinal. We do pray you to assist and to ayd this City, with such provisions &illegible; we may stand in need; and with such supplies of men and other warlike necessaries, as we shal have need of; that so this great City being secured, it may prevent the total ruine of this Kingdom, which would thereupon inevitably follow; that so it may be manifest, how careful we are to preserve this City for His Majesties service, who will one day acknowledg us for his good subjects. We are

Your good Friends, the men
of the Parliament of Paris.

Signed DV TILLET.

The life and death of that great warrier, the Marshal Gassion, who received a deadly wound at the &illegible; of Lens in Flanders, whereof he died at &illegible; four days after.

THe Marshal Gassion had to his Father Messire James Gassion, second President in the Parliament of Pau (which now is for the Kingdom of Navarre) who had been before Atturney General in that Parliament: And this President was also son to Messire John, Gassion, who likewise was second President in the said Parliament, having before enjoyed all other Offices in that Court successively; and his vertues and merits were so much esteemed by Henry the fourth, who knew exceeding well the difference between man and man, that the place of President of the Supream Counsel of Bearn, being voyd, and this great Prince upon some weighty considerations did bestow that place upon him, and not onely that, but by reason of his other great employments, he did suffer him to execute the place by a Deputy, and did not prefer any to that place, whereby he might receive prejudice thereby; but he quietly enjoyed it till he dyed, being some fifteen yeers after, in the 90th. yeer of his age. He was a younger brother, issued from one of the Noblest Families in Bearn; he lost one of his brothers at that famous battle &illegible; &illegible; near Paris, and another was Governor of &illegible; in the Province of Britany. But not to make so great a digression, and to come home to our Marshal, whose life being full of glory, needeth not to borrow any from his Predecessors: He had four brothers and two sisters, the eldest of them was married to Mr. d’Espalungue; a Gentleman of great worth; and the younger to Mr. &illegible; who was Governor of &illegible; and Leiutenant of Bayonne, under the Earl of Grammont &illegible; who is brother to the Marshal Grammont.

His brothers are four, and known by these several distinctions: The eldest doth execute the place of President in the said Parliament of Navarre, and Lord cheif Justice, and Government, with the title of Lord Treasurer for the Kings Revenues in Bearn, and Councellor of &illegible; in Ordinary: The second is Mr. de Pont d’ Oly, who liveth in Bearn: The third is Mr. &illegible; who after some &illegible; in the wars was made Colonel of a Regiment of Horse, and since was Field Marshal. This whom we write of, was the fourth, and the youngest, was known by the name of Abbor Gassion, and had the grant from the King, for the Bishoprick of &illegible; in Bearn, and the Abbey of &illegible; in the same Country.

This Birth, joyned with the good opinion generally received of him, chiefly in that empire, his tender age, he was of so lofty a spirit, as that he thought much to yeeld, or give place unto any, adding withal, the care his parents had for his &illegible; being brought up under those that were both capable and diligent to &illegible; him in the learning of Sciences, and other things fit for a Gentleman to &illegible; where he continued till he had attained the age of sixteen yeers, having by that time attained to a sufficient knowledg in Philosophy, and other like Sciences.

Being thus come to this period of life and learning, and being in a fit time as make choice what course of life he would imbrace, weighing on the one side the benefits, profits, and the like, which he might reap by following the study of &illegible; to which course, his parents had intended to bring him up to, and on the other side, the inconveniences which might happen to him, cheifly in that he saw the place of President was already postest by his eldest brother, thinking no place that was left which might be fit for him, he took a resolution to follow Martiall Imployments, which he easily obtained from his father, who rejoyced that some of his family should again follow that employment, which they had left formerly, to follow that law, seeing the head of their family was deceased, without male heires.

France being at that time in a quiet state, as also the neighbouring Countryes, Italie only excepted, therefore he went thither to serve the Duke of Savoy, but some differences happening between Lewis the thirteenth, and the said Duke, and the King having made an Expresse Command to all his subjects, to forsake their service, and so to returne home, by reason the said Duke did side with the house of Austria, thereupon he came into France, with &illegible; de Monster with whom he had served in those warres, and being come to the passe of &illegible; he was known among many others, to be a most couragious and vallant Gent. and though all this while he was but an ordinary Trooper, yet at last he had the place of a Corner bestowed upon him, in the Company of Captain Philips, who served in the French Army: whereupon an accomodation being made between his Majesty and the Duke of Savoy, and by that meanes those forces being to be disbanded this brave spirit, who could not remaine idle at home, did no sooner heare of the brave exploits, and great &illegible; performed by the King of Sweden, since his breaking into Germany, which was at that time the only seat of warre, that thereupon he prevailed so much with those of his Troop, that he &illegible; some twenty to goe along with him in to Germany.

Where he was no sooner come, but very fortunately he came to speake with the King of Sweden, who happened to be very near unto the place of his landing; the King being within a small distance from thence, having saluted the King, and done all things fit for a Gentleman to do, the King demanded of him in the latine tongue, which was frequent to him, as also our Gassion had not forgotten it having moreover learned the high and low Dutch tongues, together with the Spanish and Italian, so that he was soone received into the Kings favour; who was by nature of a meek and gentle disposition, ready to cherish and imbrace those whom he thought worthy of it, so that a great deale of discourse passed between them, most of it being about the affaires of France. One day among all the rest, the King demanded of him whether or no he could raise him a Troop of horse in France, to be imployed for his service which was accepted by Gassion straight wayes, and promised the King with all speed to see the same executed, and there being a French Gentleman in those parts, who promised to advance the moneys for setting out the Troop, he took that proffer, and with all speed that could be, cometh to Paris, where in six dayes he had his Troop raised, consisting of fourescore and ten men, all able lusty men, and fit for service, which he carried with him into Germany, having in his way to Hamburgh found some horses for to mount his men, according to the K. speciall command to that purpose, and a summe of money also, wherewith he repaid the money unto him that had advanced it for defraying of his men, and besides, for an acknowledgment, made him his Lieutenant.

Doe not here wonder, if a man who can use such diligence, which is a principal secret in warres hath in so short a time raised his fortunes to that height as now it is: No Reader, the diligence is that stratagem, wherewith the Roman husbandman seemed to transport, and reape the harvest which was, in the fields of his sluggish nighbours, it is that to which nothing is impossible: yet all this is but a beginning, see what followeth: being near the King of Sweden, he was observed to be so carefull, and punctual in putting in execution those Orders which were sent him from time to time, and by his valour and prudence, which were alwaies inseparable, and did never forsake &illegible; only upon occasions, the former seemed to oversway the latter, whereby he grew in great esteeme among the Swedish forces, and there did learne so pefectly the Military discipline (it being then the only schoole to attaine unto it: he was alwaies the first of his Troop on horseback, and his men the first of all the rest: so that the King asking him one day, in what part of his Army he would quarter, and under what Officer he would be, he replyed, and prayed his Majesty that he might be pleased to do him the favour, as that he might not receive any orders, or be commanded by any but his Maiesty only, which thing the King liked so well, that he granted him his request, upon that condition, that he, with his Troop should alwaies march in the head of his Army, and would be as a for &illegible; hope unto the army, the King in person going often with them, and took so good liking upon our new Captaine, that some six moneths after he made him a Colonel of a Regiment of horse, consisting of tight compleat Troops of horse, and with them he performed gallant service in the Swedish army, being present at many leaguers, pitched battles, skirmishes and encounters with the enemy, having alwayes the honour to have contributed much to the continuation of the Kings victories, and good successe he hath had in those warres.

In all which Actions he was in great danger of his life, his body being still exposed to infinite perils, and so much the rather, by reason that he being a Protestant, did really believe Predestination, being brought up from his youth in the profession of that Religion, there being a great number in Bearn, where he was born, he often repeating this sentence. All is gain unto me, whether life or death, provided it be in doing service unto God and the King. In severall sights and skirmishes &illegible; received many wounds, and among others, that Pistol-shot made at him, being but a little distant, which wounded him sore in the right slanck, of which wound being miraculously healed, and having escaped death, many like things having hapned him often, during his life; this wound, although throughly cured, yet hath opened many times since, which sometimes was a means to do him much good, preserving him from falling into sicknesse, and at other times, hath brought him into an extream danger, being even at the point of death.

He continued in the wars of Germany in the quality of a Colonel, till after that bloody day of the great battle of &illegible; where the King of Sweden did triumph on his Enemies in his death, and after he was dead; and so after his decease he &illegible; from thence with the Duke of Saxon Weymar, whom he accompanied into France, having the Command of his Regiment, which he brought with him, and had that advantage given him over all the rest of the French Forces that were then on foot; that he had the same pay as had the Colonels of Forraign Nations, which none other French Colonel had, and also had Authority to execute martial Law among the souldiers in his Regiment, without any other Judge to intermeddle therewith, and further, to confer, and give places when any were voyd, without any further Addresses to others besides himself, which thing be hath alwayes performed with great discretion and prudence, although his Regiment increasing daily, came in the end to be no lesse then eighteen hundred horse, divided in twenty companies, which made him a considerable strength; for most of the strangers that &illegible; into France to seek imployment did desire to be under him; he being so exact, and so just in bestowing of places, that thereby he procured himself the Love of all his souldiers from the highest to the lowest; He was also a strict observator of the Military discipline he had learned when he served under the King of Sweden, therefore he kept still the name of Colonel, although at that time it was only given to the Auxiliary forces that then served in France.

From that time forward, Colonel Gassion was ever in some worthy action, or design, no matter of moment passing, but he would be a &illegible; therein and every where something was said of Colonel Gassion. Being parted from the Duke of Saxon Weymar, he took service under the Marshal &illegible; la Force, who was at that time with an Army in Lottain; this was in the year 1635.

Tuesday 16. The Commons past an Act for adjourning the Term for 14 days: Another for regulating of Fees in the Navy and Custom-house, and displacing dis-affected Officers in both. They laid aside the Letter from the Scots Commissioners, because not desired by them to be communicated to the House of Commons (as usually in all former).

Wednesday 17. They referred it to &illegible; house Committee, to bring in the names to be Commissioners for Scotland. They gave thanks to the Petitioners of &illegible; &illegible; Poor, Hurst Weymouth, and &illegible; and referred their Petition.

Thursday 18. The Commons Vote to send no Answer to the Lords Message, this day sent from them, &illegible; &illegible; the Term, by their Messengers; and that the three Declaratory Votes &illegible; the power to be in the people, should not be sent to their Lordships for concurrence, but be Acts of the Commons.

Friday 19. An Ordinance was read the first time, for Delinquents to pay in the second part of their Compotition money. Sir Walter Erles placed referred.

Saturday 20. One of the Members that were to be secluded, sat this day again in the house, but I conceive it Vane to particularize him at this time. The Officers of the Army &illegible; the Agreement, and a Petition this day to the House, who gave them, his Excellency, and the whole Army hearty thanks, for all their unparalel’d services; and referred the Agreement to a Committee. They past an Act to authorize any fix of the honest Militia of London (if the Lord Major deny) to call a Common-Councel, and any fourty of them to Act without him. Impower the Commons Commissioners of the Seal, to seal Writs for adjourning the Term though the Lords joyn not therein. Name Doctor Juxon, late Bishop of London (according to His Majesties desire to Master Peters) to preach to His Majesty.

And because I see some imperfect Printed Copies of the proceedings of the Court Marshal this day come forth, to deceive the people; I have here inserted all the whole passages of that days proceedings more fully, as then delivered by the King, President, and Solicitor General.

At the High Court of Justice sitting in the great Hall of Westminster, Serjeant &illegible; President, about 70 Members present O yes made thrice, silence commanded. The President had the Sword and Mace carried before him, attended with Colonel Fox, and twenty other Officers and Gentlemen with Partizans. The Act of the Commons in Parliament for tryal of the King, read. After the Court was called, and each Member rising up, as he was called. The King came into the Court (with His hat on) and the Commissioners with theirs on also; no congratulation or motion of hats at all. The Serjeant ushered Him in with the Mace, Colonel Hacker and about 30 Officers and Gentlemen more came as His guard; the President then spake in these words, viz.

Charls Stewart, King of England.

The Commons of England assembled in Parliaments being sensible of the great calamities that have been brought upon this Nation, of the innocent blood that hath been shed in this Nation, which is referred to You, as the Author of it; and according to that duty which they owe to God to the Nation, and themselves, and according to that Fundamental power and trust that is reposed in them by the people, Have constituted this High Court of Justice, before which You are now brought; and You are to hear the Charge; upon which the Court will proceed.

Mr. Cook Solicitor General.

My Lord, in behalf of the Commons of England, and of all the people thereof: I do accuse Charls Stewart, here present, of High Treason, and High &illegible; and I do in the name of the Commons of England, desire that the Charge may be read unto Him.

King.

Hold a little, tapping the Solicitor General twice on the shoulder with his Cane, which drawing towards Him again, the head thereon fell off. He stooping for it, put it presently into His pocket. This is conceived will be very ominous.

L. President.

Sir, the Court commands the Charge to be read; if You have any thing &illegible; say after, You may be heard.

The Charge was &illegible;

The King smiled often, during the time, especially at those words therein, viz. The Charls Stewart was a Tyrant, Traytor, Murtherer, and publike Enemy of the Common-wealth.

L. President.

Sir, You have now heard Your Charge read, containing such Matter as appears in it: You finde that in the close of it, it is prayed to the Court in the behalf of all the Commons of England, that You Answer to Your Charge. The Court expects Your Answer.

King.

I would know by what power I am called hither. I was not long ago in the &illegible; of Wight; how I came hither, is a larger story then I think is fit at this time for me to speak of: But there I entered into a Treary with the two Houses of Parliament, with as much publike Faith as is possibly to be had of any people in the World. I treated there with a number of Honorable Lords and Gentlemen, and treated honestly and uprightly. I cannot say, but they did deal very nobly with Me: We were upon a Conclusion of a Treaty. Now I would know by what Authority, I mean lawful; there are many unlawful Authorities in the world, Theeves and Robbers by the High-ways: But I would know by what Authority I was brought from thence, and carried from place to place; and &illegible; I know by what lawful Authority, I shall Answer.

Remember, I am your King, your lawful King: and what sin you bring upon your heads, and the judgments of God upon this Land, think well upon it; I say think well upon it before you go further, from one sin, to a greater: Therefore let me know by what lawful Authority I am seated here, and I shall not be unwilling to Answer; in the mean time, I shall not betray my Trust. I have a Trust committed to Me by God, by old and lawful discent. I will not betray it, to Answer to a new and unlawful Authority; therefore resolve Me that, and you shall hear more of Me.

L. President.

If You had been pleased to have observed, what was hinted to You by the Court, at our first coming hither, You would have known by what Authority; which Authority requires You in the name of the people of England, of which You are elected King, to Answer them.

King.

No sir, I deny that.

L. President.

If You acknowledg not the Authority of the Court, they must proceed.

King.

I do tell you so, England was never an Elective Kingdom, but an Hereditary Kingdom, for neer a 1000 yeers; therefore let Me know by what Authority I am called hither. I do stand more for the Liberty of My people, then any here that come to be My &illegible; Judges; and therefore let me know, by what lawful Authority I am seated here, and I will answer it, otherwise I will not answer it.

L. President.

told Him, He did interogate the Court, which be seemed not One in His condition; and it was known how He had managed His Trust.

King.

Here is a Gentleman, Lieutenant Colonel Cobbet, ask him, if he did not bring Me from the Isle of Wight by force. I do not come here, as submitting to the Court, I will stand as much for the Priviledg of the House of Commons, rightly understood, as any man here whatsoever. I see no House of Lords here that may Constitute a Parliament, and (the bring to) should have been. Is this the bringing of the King to His Parliament? Is this a bringing an end to the Treaty, in the Publike Faith of the World? Let Me see a legal Authority warranted, either by the Word of God, the Scripture, or warranted by the Constitution of the Kingdom, and I will Answer.

L. President.

Sir, You have provided a Question, and have been Answered: Since You will not Answer, the Court will proceed; and those that brought You hither, take charge of Him. The Court desires to know, If this be all the Answer You will give.

King.

I desire, that you would give Me, and all the world, satisfaction in this: For let Me tell you, it is not a slight thing you are about. I am sworn to keep the Peace, by the duty I owe to God, and My Country; and I will do it, to the last breath of My body: And therefore, you shall do well to satisfie, first God, and then the Country, by what Authority you do it; if by a reserved Authority, you cannot Answer it. There is a God in Heaven that will call you, and all that give you Power, to an account Satisfie Me in that, and I will Answer; otherwise, I betray My Trust, and the Liberties of the People: And therefore think of that, and then I shall be willing. For I do vow. That it is as great a sin to withstand lawful Authority, as it is to submit to a tyrannical, or any otherways unlawful Authority: And therefore satisfie Me that, and you shall receive My Answer.

L. President.

The Court expects a final Answer, they are to adjourn till Munday. If You satisfie not Your Self, though we tell You our Authority; we are satisfied with out Authority, and it is upon Gods Authority, and the Kingdoms; and that Peace You speak of, will be kept in the doing of Justice; and that is our present work.

King.

For Answer, let Me tell you, you have shown no lawful Authority to satisfie any reasonable man.

L. President.

This is in Your apprehension, we are satisfied that are the Judges.

King.

It is not My apprehension, nor yours neither, that ought to decide it.

L. President.

The Court hath heard You, and You are to be disposed of as they have commanded.

The Court adjourned till Munday ten of clock, to the Painted Chamber, and thence hither.

As the King went away, facing the Court, the King said, I fear not that, looking upon, and meaning the Sword.

Going down from the Court, the people cryed, Justice, Justice, Justice.

Jan. 21. The Commissioners kept a Fast this day in Whitehal, there preached before them, Mr. Sprig, whose Text was, He that sheds blood, by man shall his blood be shed. Mr. &illegible; was, Judg not, left you be judged. And Mr. Peters was, I will &illegible; their Kings in &illegible; and their Nobles in &illegible; of iron. The last Sermon made amends for the two former.

Munday 22. After the King was brought into the Court, about 80 Commissioners being sat, Mr. Cook the Solicitor General, address himself to the Lord President.

Mr. Cook.

May it please your Lordship, I did at the last Court, in the name of the Commons of England, exhibite and bring into this Court, a Charge of High Treason against the Prisoner at the Bar, in the name of the Commons of England; the Charge was read to Him, and His Answer required. My Lord, He was not then pleased to give an Answer; but instead of answering thereof, disputed the Authority of this High Court. My humble motion is, That the Prisoner may be directed to make a positive Answer, by Confession, or Negation; which if He do refuse to do, the matter of Charge is to be taken pro confesso, and He proceeded against accordingly.

L. President.

You was told the occasion of Your coming hither: You heard likewise, that You were in the name of the Commons of England, to give Answer to the said Charge; that thereupon, such proceedings may be had according to Reason and Justice, You then made some scruples, concerning the Authority of this Court, and knew not by what Authority You came hither. You propounded Your Questions, and was as often answered; since that, the Court hath considered thereof, and are fully satisfied with their own Authority, and did require, That You should Answer, and that You either confess, or deny it: Their Authority, they will maintain it, and the whole Kingdom will be satisfied with it; and You are not to lose more time, but to give a positive Answer to it.

King.

My Lord, when I was here last, I made that question, and truly if it was my own particular case, I should have satisfied my self all that time, but it is not my case &illegible; &illegible; people of England, and their freedoms and liberties being included therein, pretend &illegible; you will; for if power without Laws may make Laws, the fundamentall Laws of this Kingdom may be soon altered, and I know not what Subject of England can enjoy his own by law and right, therefore I cannot answer at this time, without satisfaction of the legality of this Court.

L. President.

Sir, I must interrupt you, which I would not do, but, that what you do, is not agreeable to the proceedings of any Court of justice, seeing you question the legality of the proceedings of this Court, though you be charged as a high delinquent; if you take upon you to dispute the authority of the Court, we may not do it, nor will any Court give way unto it, you are to submit unto it, you are to give a punctuall answer, what you will do, whether you will answer, or no.

King.

Sir, by your favour, I do not understand your terms of Law, though I understand as much Law as any Gentleman in England, and if I should impose a belief without reason, it were unreasenable; but I must tell you, that that reason that I have, as thus informed I cannot yield unto it.

L. President.

Sir, I must again interrupt you, you may not be permitted, you speak of Law and Reason, and there is both law and Reason against you; and the Votes of the Commons of England are the Law and Reason of the Nation, and according to which you should have ruled and raigned.

The Lord President pressing His Majesty for a positive Answer. He evaded it; at which, the Lord President commanded the Serjeant at Arms, to take away the Prisoner, adjourning the Court till to morrow.

I should have given you all the proceedings at large, but had not room to insert it.

The Commissioners after the rising of the Court, adjourned to the Painted Chamber, where they sat in Councel some hours, and appointed a Committee to meet at eight of clock to morrow morning, at Sir Abesham Williams house, to consider what may be sit to do further in relation to this Negative Answer of the Prisoner.

Pontesract Ian 20 By this Post is sent to his Excellency and General Counsel, a Letter, Congratulating their happy proceedings, wherein was likewise the Concurrence of the Officers of the Militia Regiments at this Leaguer, who (I believe) will shortly make a fuller manifestation of their Concurrence with the rest of the Army in this great and necessary work of the Kingdom. The Major Gen. is still upon disbanding the Forces late before Scarborough and not returned hither. We are with our approaches come very neer the wais of the Castle, so that the enemy do prejudice us with stones, and now and then kils us a man, few recover that are wounded.

Bristol.

Sir,

The multiplicity of Cavaliers in this place, gives us much cause of Jealousie and fear to the Wel-Affected, and the rather, because no course is taken for their apprehension, or withdrawing hence. The fair is the next week: two hundred Venetian souldiers quarter by us; the Officers are so moved to the head quarters, the garrison out of order, and what their rage may attempt, who knows; Col. &illegible; hath sent over one from Ireland, who is come to St. &illegible; to view the Country, what forces are in it, and where is must conveniency of landing, which they will attempt upon his return. We expected the Regiment designed for this place; if we be not circumspect in this juncture of time, we may be snaps.

Westminster Ian. 22. The Parliament received this day an angry and brid &illegible; from the Scots Commissioners, and being rightly directed, was read. They finde themselves much &illegible; in Trying their &illegible; for high Treason, and &illegible; and some &illegible; and &illegible; expressions dropt from &illegible; &illegible; the &illegible; A Committee (upon Debace thereof) was appointed to draw upon Answer to the &illegible; Message, who will give them as civil and High an Answer, as their Address was Bold, Insolent, and &illegible;

London, Printed for R. W.

The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.

THe Blood of the Innocent, cryes for the Blood of the Nocent, and Justice now giving attension, pronounces Sentence answerable to the Treason, God being no respecter of persons: The Law likewise admits of no Exceptions; which if It should, yet ought not to be obeyed, as partial and unjust. Upon this ground, certain Images of Judges in Athens were erected, and pourtrayed, without hands or eyes; intimating, That Justice should be neither corrupted with Bribes, nor partial in Sentence to any Personage, of what quality soever. This made Augustine to say. That Kings were in accusation the worst of Creatures, because they once had power to do more good then any, and perchance all others: Notwithstanding, we now see Fools weep, when Traytors are condemned, as pittying the fall of Honor: But I say, Let the High Praises of God be in the Mouth of all his Saints, and a two-edged Sword in their hand, to execute vengeance upon the Heathen, and punishments upon the People. To binds their Kings with chains, and their Novles with setters of iron, and to execute upon them the judgments written; For this honor have all the Saints.

A Warrant was concluded on by the Army, to be sent to all the Regiments thereof, which take at large.

YOur are upon sight hereof, to give strict Command to the severall Companies of your Regiment, in, or about London, That the Officers do keep close to their Charges, and the Souldiers to their Duties respectively; And that none of the Officers, or Souldiers, do come to Westminster Hall, or any the Courts adjoyning thereto, until the Tryal of the King be fully finished, save at, and for such time as they shall by Order be upon duty there, under pain, That every Officer so offending, contrary hereunto, shall lose his place; and every Souldier so offending, shall be otherwise severely punished by a Councel of War. And every Officer in his place, is carefully to see to the observance hereof, as he will answer the neglect at his peril. Notwithstanding any thing in the late Orders, for the putting out of new men entertained, since their coming to London; you may retain so many of them, as to make up your Regiment to the establishment (viz. 800. men, besides Officers) if it were not so many at your coming to the Town.

Given under my hand and Seal in Queen-street, the 21 day of January. 1648.

T. Fairfax.

The like Order to all the several Regiments of Horse and Foot.

Reader, not having room in the last to give thee all the proceedings of the High Court of Justice, take them as followeth.

The King.

I do not know how a King can be a Delinquent by any Law that &illegible; I heard of, all men (Delinquents, or what you will,) let me tell you, they may &illegible; in demurrers against any proceeding as legal; and I do demand that, and demand to be heard with my Reasons; if you deny that, you deny Reason.

Lord President.

Sir, you have offered something to the Court, I shall speak something unto You, the sence of the Court. Sir, neither You nor any man &illegible; permitted to dispute that point, You are concluded; You may not demur the Iurisdiction of the Court, if You do, I must let You know, That they over-rule Your Demurrer; they sit here by the Authority of the Commons of England, and all Your Predecessors, and You are responsible to them.

The King.

I deny that, shew me one president.

Lord President.

Sir, You ought not to interrupt while the Court is speaking to You. This point is not to be debated by You, neither will the Court permit You to do it, if you offer it by way of Demurrer to the jurisdiction of the Court; they have considered of their Jurisdiction, they do affirm their own jurisdiction.

The King.

I say Sir, by your favor, that the Commons of England was never a Court of Judicature, I would know how they came to be so.

Lord President.

Sir, You are not to be permitted to go on in that Speech, and these Discourses.

Then the Clerk of the Court read as followeth.

Charls Stuart, King of England, You have been accused on the behalf of the &illegible; of England, of High Treason, and other High &illegible; the Court have determined &illegible; You ought to answer the same.

The King.

I will answer the same so soon as I know by what authority you do this.

Lord President.

If this be all that You will say, then &illegible; you that brought the prisoner hither, take charge of Him back again.

The King.

I do require, that I may give in my Reasons, why I do not answer, and give me time for that.

Lord President.

Sir, ’Tis not for prisoners to require.

The King.

Prisoners? Sir, I am not an ordinary prisoner.

Lord President.

The Court hath considered of their jurisdiction, and they have already affirmed their jurisdiction; if You will not answer, we shall give order to record Your default.

The King.

You never heard my Reason yet.

Lord President.

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

The King.

Shew me that Jurisdiction, where Reason is not to be heard.

Lord President.

Sir, We shew it You here, the Commons of England; and the next time You are brought, You will know more of the pleasure of the Court; and it may be, their final determination.

The King.

Shew me where ever the House of Commons was a Court of Judicature of that kinde.

Lord President.

Sergeant, Take away the prisoner.

The King.

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

Lord President.

Sir, You are not to have liberty to use this language: How great a friend You have been to the Laws and Liberties of the people, let all England, and the world judg.

The King.

Sir, under favor, it was the Liberty, Freedom, and Laws of the Subject that ever I took——defended my Self with Arms. I never took up Arms against the People, but for the Laws.

Lord President.

The Command of the Court must be obeyed; no answer will be given to the Charge.

The King.

Well Sir.

And so was guarded forth to Sir Robert Cottons house.

Then the Court adjourned to the Painted Chamber on Tuesday at twelve a clock, and from thence they intend to adjourn to Westminster Hall; at which time, all persons concerned, are to give their attendance.

At the High Court of Justice sitting in Westminster Hall, Tuesday, Jan. 23. 1648.

O Yes made. Silence Commanded. The Court called. Seventy three persons present.

The King comes in with His Guard, looks with an austeer countenance upon the Court, and sits down.

The second O Yes made, and silence Commanded.

Mr. Cook Solicitor General. May it please your Lordship, my Lord President.

This is now the third time, that by the great grace and favor of this High Corut, the prisoner hath been brought to the Bar, before any issue joyned in the Cause. My Lord, I did at the first Court exhibit a Charge against Him, containing the Highest Treason that ever was wrought upon the Theatre of England, That a King of England, Trusted to keep the Law, that had taken an Oath so to do, that had Tribute paid Him for that end, should be guilty of a wicked Design, Subvert and destroy our Laws, and introduce an Arbitrary and Tyrannical Government in the defence of the Parliament and their Authority, set up his Standard for VVar against his Parliament and people; and I did humbly pray, in the behalf of the people of England, that he might speedily be required to make an Answer to the Charge.

But my Lord, instead of making any Answer, He did then dispute the Authority of this High Court; your Lordship was pleased to give him a further day to consider, and to put in your Answer, which day being yesterday, I did humbly move, that he might be required to give a direct and positive Answer, either by denying, or confession of it; but (my Lord) He was then pleased to demur, to the Jurisdiction of the Court, which the Court did then over-rule, and Command him to give a direct and positive Answer. My Lord besides this great delay of Justice, I shall now humbly move your Lordship for speedy Judgment against him. My Lord, I might presse your Lordship upon the whole, that according to the known Rules of the Law of the Land, That if a prisoner shall stand as contumacious in contempt, and shall not put in an issuable plea, guilty or not guilty of the Charge given against him, whereby he may come to a fair Trial; That as by an implicite Confession, it may be taken pro confesso, as it hath been done to those, who have deserved more favor then the prisoner at the Bar hath: But besides, my Lord, I shall humbly press your Lordship upon the whole Fact: The House of Commons, the supream Authority and Jurisdiction of the Kingdom, they have declared that it is notorious, That the matter of the Charge is true, as it is in truth (my Lord) as clear as chrystal, and as the Sun that shines at noon day, which if your Lordship and the Court be not satisfied in, I have notwithstanding, on the people of Englands behalf several witnesses to produce; and therefore I do humbly pray, and yet I must confess it is not so much I, as the innocent blood that hath been shed, the cry whereof is very great for Justice and Judgment; and therefore I do humbly pray, that speedy Judgement be pronounced against the prisoner at the Bar.

Lord President, Sir, You have heard what is moved by the Councel on the behalf of the Kingdom against you. Sir, you may well remember, and if you do not, the Court cannot forget what delaroty dealings the Court hath found as your hands; you were pleased to propound some questions, you have had your Resolution upon them. You were told over and over again. That the Court did affirm their own Iurisdiction, that it was not for &illegible; nor any other man, to dispute the Iurisdiction of the supream and highest Authority of England, from which there is no Appeal, and touching which there must be no dispute; yet you did persist in such carriage, as You gave no manner of obedience, nor did You acknowledge any Authority in them, nor the high Court, that constituted this Court of Iustice.

Sir, I must let You know from the Court, that they are very sensible of these delayes of Yours, and that they ought nor, being thus Authorized by the supream Court of England, be thus tristed withal, & that they might in Iustice, if they pleased, and according to the Rules of Iustice, take advantage of these delayes, and proceed to pronounce Iudgement against you, yet neverthelesse, they are pleased to give direction and on their behalfs, I do require you, That You make a positive Answer unto this Charge that is against You Sir, in plain terms, for Iustice knows no respect of persons; You are to give your positive and final Answer in plain English, whether you be guilty or not guilty of these Treasons laid to Your Charge.

The King after a little pause, said,

VVhen I was here yesterday, I did desire to speak for the Liberties of the people of England, I was interrupted: I desire to know yet whether I may speak freely or not?

Lord President. Sir, You have had the Resolution of the Court upon the like Question the last day, and You were told. That having such Charge of so high a nature against You, and Your work was, That you ought to acknowledg the Jurisdiction of the Court, and to answer to Your Charge. Sir, If You answer to Your Charge, which the Court gives You leave now to do, though they might have taken the advantage of Your contempt; yet if You be able to answer to Your Charge, when You have once answered, You shall be heard at large, make the best Defence You can. But Sir, I must let You know from the Court, as their commands, That You are not to be permitted to issue out into any other Discourses, till such time as You have given a positive answer concerning the matter that is charged upon You.

The King. For the Charge, I value it not a rush, it is the Liberty of the People of England that I stand for; for Me to acknowledg a new Court that I never heard of before, I that am Your King, that should be an example to all the people of England, for to uphold Justice, to maintain the old Laws; indeed I do not know how to do it: You spoke very well the first day that I came here. (on Saturday) of the Obligations that I had laid upon Me by God, to the maintenance of the Liberties of my People: the same Obligation You spake of, I do acknowledg to God that I owe to him, and to My people, to defend as much as in &illegible; the ancient Laws of the Kingdom; therefore until that I may know that this is not against the Fundamental Laws of the Kingdom, by your favor, I can put in no particular Charge [This is as the King expressed, but I suppose. He meant Answer.] If you will give Me time, I will shew you My Reasons why I cannot do it, and this——

Here being interrupted, He said,

By your favor, you ought not to interrupt Me: How I came here I know not; there is no Law for it to make your King your Prisoner. I was in a Treaty upon the Publike Faith of the Kingdom, that was the known——two Houses of Parliament, that was the Representative of the Kingdom; and when that I had almost made an end of the &illegible; then I was hurried away, and brought hither, and therefore——————————

Here the Lord President said, Sir, You must know the pleasure of the Court.

The King.

By your favor Sir.

Lord President.

Nay Sir, by Your favor, You may not be permitted to fall into those Discourses: You appear as a Delinquent, You have not acknowledged the Authority of the Court, the Court craves it not of You; but once more they command You to give Your positive Answer——— Clark, Do your duty.

The King.

Duty Sir! The Clerk reads.

Charls Stuart,

King of England, You are accused in the behalf of the Commons of England of divers High Crimes and Treasons, which Charge hath been read unto Yea the Court now requires You to give Your positive and final answer by way of confession or denied of the Charge.

The King.

Sir, I say again to you, so that I might give satisfaction to the People of England, of the cleerness of my proceeding, not by way of answer, not in this way, but to satisfie them that I have done nothing against that Trust that hath been committed to Me, I would do it; but to acknowledg a new Court, against their Priviledges, to alter the Fundamental Laws of the Kingdom, Sir, you must excuse Me.

Lord President.

Sir, this is the third time that You have publikely disowned this Court, and put an affront upon it: how far You have preserved Priviledges of the People, Your actions have spoke it. But truly Sir, mens intentions ought to be known by their actions; You have written Your meaning in bloody Characters throughout the whole Kingdom: But Sir, You understand the pleasure of the Court,—Clerk, Record the default,——and Gentlemen, you that took charge of the Prisoner, take Him back again.

The King.

I will onely say this one word more to you, If it were onely my own particular, I would not say any more, nor interrupt you.

Lord President.

Sir, You have heard the pleasure of the Court, and You are (notwithstanding You will not understand it) to finde that You are before a Court of Justice.

Then the King went forth with His Guard, and Proclamation was made, That all persons which had then appeared, and had further to do at the Court, might depart into the Painted Chamber; to which place, the Court did forthwith adjourn, and intended to meet in Westminster Half by ten of the Clock next morning.

&illegible;

God bless the Kingdom of England.

Wednesday, January 24. 1648.

THis day it was expected the High Court of Iustice would have not in Westminster Hall, about ten of the clock; but at the time appointed, one of the Ushers by direction of the Court (then sitting in the Painted Chamber) gave &illegible; to the people there assembled, That in regard the Court was then upon the Examination of Witnesses, in relation to present Affairs in the Painted Chamber, they could not sit there; but all persons appointed to be there, were to appear upon further Summons.

The Charge of the Commons of England against Charls Stuart, King of England, of High Treason, and other High Crimes, exhibited to the High Court of Justice, Saturday. Jan. 20. 1648.

The Court being sat, and the Prisoner at the Bar, Mr. Cook, Solicitor General spoke thus; My Lord, In behalfe of the Commons of England, and of all the people thereof, I do accuse Charls Stuart, here present of High Treason, and High Misdemeanors: And I do, in the name of the Commons of England, desire the Charge may be read unto Him, which the Clerk then read as followeth;

THat the said Charls Stuart, being admitted King of England, and therein trusted with a limited Power, to Govern by, and according to the Laws of the Land, and not otherwise; And by his Trust, Oath, and Office, being obliged to use the power committed to Him, for the good and benefit of the People, and for the preservation of their Rights and Liberties; Yet nevertheless, out of a wicked Design, to erect and uphold in himself an unlimited, and Tyrannical power, to rule according to His Will, and to overthrow the Rights and Liberties of the people, yea, to take away, and make void the foundations thereof, and of all redresse, and remedy of mis-government, which by the fundamental Constitutions of this Kingdom were reserved on the peoples behalf, in the right and power of frequent and successive Parliaments, or National meetings in Councel; He, the said Charls Stuart, for accomplishment of such his Designs, and for the protecting of Himself, and His adherents, in His and Their wicked Practises to the same ends, hath Trayterously, and maliciously levied war against the present Parliament, and the people therein represented.

Particularly upon or about the 30. day of June, in the year of our Lord, 1642. At Beverly, in the County of York; and upon, or about the 30 day of July, in the year aforesaid, in the County of the City of York; And upon or about the 24 day of August, in the same year in the County of the Town of Nottingham, (when, and where he set up His Standard of War;) And also on, or about the 23 day of October in the same year, at Edg. Hill and &illegible; field, in the County of Warwick; And upon, or about the 20 day of November, in the same year, at &illegible; &illegible; in the County of middlesex; And upon, or about the 30 day of August in the year of our Lord, 1643. at &illegible; bridg neer Reding, in the County of Books; And upon, or about the 30 day of October, in the year last mentioned, &illegible; or &illegible; the City of Glocester; And upon, or about the 30 day of November, in the yeer &illegible; mentioned, at blewbery in the County of Berks; And upon, or about the &illegible; day of Iuly, in the year of our Lord, 1644. at &illegible; bridg, in the County of Oxon; And upon, or about the 30 day of September, in the year last mentioned at Bodmin and other places near adjacent, in the &illegible; of &illegible; And upon, or about the 30 day of November, in the yeer last mentioned, at Newbery aforesaid; And upon or about the 8 day of June, in the yeer of our Lord, 1645. at the Town of Lekester, And also upon the fourteenth day of the same mounth, in the same yeer, as &illegible;-field, in the County of Northampton. At which several times and places or most of them, and at many other places in this Land, it several other times within the years afore mentioned; And in the yeer of our Lord, 1646. He, the said Charls Stuart, hath caused and procured many &illegible; of the free people of the Nation to be slain, and by Divisions, Parties, and Insurrections within this Land, by invasions from forraign parts, endeavored, and procured by Him, and by many other evil wayes and means. He, the said Charls Stuart, hath dot only maintained, and carried on the said war, both by Land and Sea, during the years before mentioned; but also hath renewed, or caused obe renewed, the said war against the Parliament, and good people of this Nation, in this present year, 1648. in the Counties of Kent, &illegible; Surrey, Suffex, Middlesex, and many other Counties and places in England and Wales, and also by sea; And particularly, He, the said Charls Sauart, hath for that purpose, given Commissions to his son, the Prince, and others; whereby, besides multitudes of other persons, many such, as were by the Parliament entrusted, and imployed, for the safety of the Nation; being by Him or His Agents, corrupted, to the betraying of their Trust and revolting from the Parliament, have had entertainment and Commission, for the continuing, and renewing of war and Hostility against the said Parliament and People as aforesaid. By which cruel and unnatural war: by Him, the said Charls Stuart, levyed, continued, and renewed as aforesaid, much innocent blood of the Free people of this Nation hath been spilt; many families have been undone, the Publike Treasury wasted, and exhausted, Trade obstructed, and miserably decayed; vast expence, and dammage to the Nation incurred, and many parts of the Land spoiled, some of them even to desolation.

And for further prosecution of His said evil designs, He, the said Charls Stuart, doth &illegible; continue his Commissions to the said Prince, and other Rebels and Revolters, both English and Forraigners, and to the Earl of Ormond, and to the Irish Rebels and Revolters associated with him; from whom further invasions upon this Land are threatned, upon the procurement, and on the behalf of the said Charls Stuart.

All which wicked Designs, wars, and evil practises of Him, the said Charls Stuart, have been, and are carried on, for the advancing, and upholding of the personal Interest of will and Power, and pretended Prerogative to Himself, and His family, against the publick Interest, Common Right, Liberty, Justice, and Peace of the People of this Nation, by, and for whom he was intrusted, as aforesaid.

By all which it appeareth, that He the said Charls Stuart hath been, and is the Occasioner, Author and Contriver, of the said Unnatural, Cruel, and bloody wars and therein guilty of all the Treasons, Murthers, Rapines, Burnings, Spoils, Desolutions Damage, and Mischief to this Nation, acted or committed in the said wars, or occasioned thereby.

And the said Iohn Cook, by Protestation (saving on the behalf of the People of England, the liberty of Exhibiting at any time hereafter any other Charge against the said Charls Stuart, and also of replying to the Answers which the said Charls Stuarts shall make to the Premises, or any of them, or any other Charge that shall be so exhibited) doth, for the said Treasons and Crimes, on the behalf of the said people of England, &illegible; the said Charls Stuarts as a Tyrant, Traytor, Murtherer, and a publick and implecable enemy to the Common-wealth of England: And pray, That the said Charls Stuart, King of England, may be put to Answer All, and &illegible; the &illegible; That such Proceedings, Examinations, Trials, Sentence, and &illegible; &illegible; may be &illegible; upon &illegible; &illegible; shall be agreeable to Iustice.

Westminster. 26. The Parliament past an Ordinance for altering the proceedings in Courts of Justice, &c. the Form of &illegible; and other process; and Voted, that &illegible; &illegible; &illegible; Dei gratia Angliæ, Scotiæ, &c. this should be incurred, viz. &illegible; &illegible; &illegible; And instead of Contra Coronam & &illegible; Regis, those words should be used, viz. &illegible; publicans, &c. This Ordinance was twice send and committed. A Member of the house was commanded this day to withdraw; for delivering his private opinion in Argument with another Member, concerning a Spiritual Subject; upon which they were &illegible; debating. 27. A Declaration of Act was referred to a Comittee to be drawn against Monday morning. That it should be High Treason in any &illegible; proclaim Pr. Charls, or any other person or persons, King of England, without the Consent and Approbation of the present Parliament of England. And none under pain of Imprisonment, and other punishments, shall Preach, Pray, Speak, Write, or Print any thing against the present proceedings of the Parliament of England. The King desired that Doctor Juxon might be private with Him, which was granted by the Parliament.

The High Court being safe, the Lord President, who was in a Scarlet vestone, &illegible; the businesse of the day, and after him 67 Members more answeres to their names; after she calling of the Court, the King came in his wonted posture (with his Hat on) a cry was made in the Hall (as he possed) for Justice and Execution: upon the Kings coming, he desired to be heard; the Lord President answered, he must hear the Court first; after which the Lord President set forth the intentions of the Court to proceed against the Prisoner, and withal offered, that the King might speak, so it were not matter of Debate. The King desired, That (in regard he had something to say for the Peace of the Kingdom, and the liberty of the Subject,) before sentence were given, he might be heard before the Lords and Commons in the &illegible; Chamber; hereupon the Court withdrew into the Court of Wards, and the King to Sir Robert Cottons house; after about half an hours debate, the Court returned from the Court of Wards with this resolution, That what the King had rendered tended to delay, yet if he would speak any thing for himself in Court before &illegible; he might be heard; The King declaring he had nothing to say; The Lord President made a large Speech, setting forth the Kings mis-government, and proving by Law, now Kings were accountable to their people, and the Law, which was their superior, and produced several instances of Kings being deposed, and imprisoned by their Subjects &illegible; in his own native Kingdom of Scotland, &illegible; of 109 Kings, most were deposed imprisoned, or procceded against for misgovernment, and his own &illegible; &illegible; removed, and his Father an infant Crowned. After this, the Clerk was commanded to &illegible; the &illegible; which recited the Charge, and the severall Crimes of which he had been found &illegible; &illegible; you had the particulars before. For all &illegible; Treasons &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; That be he said Charls Stuart, as a Tyrant, Traytor, &illegible; &illegible; &illegible; &illegible; &illegible; be put to death, by severing of his &illegible; from his &illegible; The King then desired to be heard, but a being after sentence, it would not be admitted. That &illegible; &illegible; &illegible; &illegible; the 29 day of &illegible; are but an abstract of what was then &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; an exact Copy of all by the latter end of this week, &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; which will be by speciall and superior order of &illegible; &illegible; &illegible; &illegible; &illegible; that Copy the People of this Nation, and of all others in the world, &illegible; &illegible; &illegible; &illegible; &illegible; and no other, as the perfect and true Copy, for their full jurisdiction, &illegible; &illegible; &illegible; so published, being for present satisfaction, and prevention of &illegible; &illegible; &illegible; &illegible; not as an authentique Copy of the whole proceedings.

&illegible; Ian. 27. &illegible; I finde the Irish &illegible; here (that seek constantly after mischief) have been very bold this last week, some of the &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; took &illegible; of considerable number and &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; with them, which, with the &illegible; &illegible; joyned with them, &illegible; &illegible; (&illegible; &illegible; &illegible; &illegible;) will make a great Navy, whereby the ships from all parts will be taken, and they enabled thereby to mannage war against us in that Kingdom. The people &illegible; here under great dangers, being very obnoxious to mischief, and fit to serve the design of enemies; the welfare of the West depending much upon the preservation of this place. Col. &illegible; came to this City yesterday, upon what account, we know not, but have too much Cause to suspect, since two hundred souldiers under Lieutenant Colonel Pitman, upon pretence of Venetian service, quartered at our doors, who being examined, hath nothing but a Passe, (which we conceive forged) upon which he is secured, his men removed and Order taking for some of Major &illegible; Troop (which is now in the City to disperse them;) here hath been South-East from us two or three nights together, in the &illegible; great Fire lights, continuing a long time together, much people admiring it, and giving many interpretations thereof.

28. The Dutch Ambassadors made their Application and Address this day to his Excellency, the Lieutenant General, and many other Field Officers of the Army. They delivered themselves &illegible; in Dutch, and afterwards in French; in which tongue, and in the English, his Excellency gave his response to them, sometimes by himself, and sometimes by another in Dutch. The Officers coming in the time of their Address, the Ambassadors desired to know, whether they should proceed, and deliver the remainder of their Embassie, or that they should begin again; the Officers desired that they would be pleased to repeat what they had before delivered, and so proceed, which they did accordingly. The substance of their Message was, to desire, That Union and Affection may be preserved between this Nation and the Estates of Holland, for which purpose they were sent hither; and likewise, to present some Propositions and Desires to the &illegible; of England; which if inclined to, they doubt not, but it will tend much to the Peace and happiness of this Nations and that the Army would please to intercede to the Parliament, in relation to this business. His Excellency and Officers &illegible; themselves. That they took it for a great honor and high savor from the Estates of Holland, to &illegible; any notice, or make Application to them, as Souldiers and Servants to the Parliament and Kingdom; and that so much as lay in their power, they should endevor to preserve the Union and Peace between this Kingdom, and the Estates of Holland. That in prosecution of their further Applications and Desires to the Parliament of England, and during their abode here, they should not receive any interruption or molestation by the Souldiery, but should rather be protected and served by them. And as to their desire of intercoding to the Parliament, it was not a work proper for the Army, being servants to the Parliament and Kingdom; neither did they ever do it upon any occasion whatsoever: but wherein they might be serviceable to them as Souldiers, they should finde them ready and willing, to the utmost of their power. The Ambassadors replyed, That they acknowledged the wisdom, care, and goodness of his Excellency, and the Army, in what had been said; and so took leave of them.

The high Court of Justice kept a Fast this day at Whitehal, and heard three Sermons preached to them. His Majesty heard Doctor Juxon preach in His Chamber, and had the most part, if not all of the Common-Prayer read unto Him. A plentiful dinner coming up, He gave order that He would have but one dish of meat brought to His Table; which command was observed accordingly. His Majesty this day desired a Transcript of the Proceedings at the high Court yesterday, which was likewise granted. He continued in Whitehall, till about five of the clock this Evening, and then orders came for removing of Him to St. James, where He lay all night.

From Harwich.

A Letter came this day to this purpose, that they acknowledged the great mercies of God, in following his, and his peoples enemies, with such seasonable Judgments, which they found unexpectedly blown upon them, in driving two more of the revolted Ships by &illegible; upon their coasts; one whereof with six Guns was last upon the Sands, and the either of a greater bulk, forced in to their harbor; which with the other three forced in at &illegible; will much diminish and weaken their whole and small number of thirteen; whereby we conceive, if a reasonable Fleet was speedily set our, they might with Gods blessing, be soon able to sink or secure the rest, who do much hurt to small vessels, because they receive no opposition.

Two Letters came the last week from Prince Charls, the one directed to the Parliament, and the other to his Excellency: That to his Excellency was sent to the House, without being opened. Neither of them are yet opened or reported.

&illegible; Jan. 28

Sir,

It much rejoyces me, that you go on with such resolution and undaunted courage; this will make the great ones make, and all their confederates to tremble, while they behold that &illegible; and spirit you maintain in contesting against their Head, or rather Idol of all their practises, and designements. I hope you will bring that work to an happy and long looked &illegible; period. ’Twill be very good to hasten; we know not what a day may bring forth by the Princes Letter, address of the new Ambassadors, and Malignants interceding for his life; and how far Gods judgments may be satisfied with the innocent blood of three hundred thousand souls if they should incline to mercy (or rather cruclty) in saving his life; and he thereby may hazard a continual War, and consequently distruction to this Nation (if Sentence remitted) I leave it to any rational, and unbyassed man to judg. Besides, if they take not away his life upon committing this Treason, Murther, Rapine, Spoyl, Desolation, &c. How shall any offender hereafter (though never so high, he the highest of all) be answerable to the Law for life; and if any be, we must declare the Judges too partial, respecters of persons and therefore unjust; the Law admitting of no exemption of King, Lord, or any other persons whatsoever, in case of Murther, Treason, &c. Surely out enemies are not idle. There are such passages abroad, that I know not what to think, or judg of. What means Sir John Winters coming hither, and to his own house in the Forest of Dean. The honest party cannot construe the mystery of such things, especially at this time, and upon such a juncture as this is, to have such liberty and indulgence. What riddle &illegible; there in Colonel Birches repair to Bristol in this time of their unsetledness, and unarmedness. Its necessary to look about us, and pry into every corner; for surely, mens heads are &illegible; to bring forth something, which may be a stop unto these gallant proceedings of Parliament and Army.

Froom in Somersetshire.

Sir,

We finde better what pinches and offends us, then any other whatsoever: the burthens upon us are many, and indeed intolerable. The people of this Town rose up against the Excise men, and Souldiers that were come with them, to assist them in the levying thereof; and indeed, they were not the scum and Malignants of the Town, but such as have faithfully served the Parliament and Kingdom, and sought for their, and our own Freedoms; and therefore we are unwilling to submit to any slavery seeing that there is Bishops Lands, Dean and Chapters, and Forests Lands, and exempted Delinquents estates; which if all sold, with the Kings, Queens, and Princes revenue, and many other ways, which may be found out, would be sufficient to maintain the Army, and to pay the publike debts of the Kingdom, without burthening the people with any unnecessary and unreasonable Taxes. One man is killed in this Insurrection, and many others wounded. A Lieutenant Colonel, who pretended an Order from —— to carry men to Venice, is taken at Bristol and secured, and there is an Order given out for dispersing of his men.

Edinburgh. 16. Jan.

Sir,

The Kirk and Parliament here are very realous in prosecuting the end of the Covenant, as well against Malignants as Sectaries; they much dislike the proceedings of the Parliament against the King, and the Ministers Preach and Pray, That as God hath brought down the Malignants, so he would bring down the Sectaries: They say they are &illegible; by their Covenant to preserve Monarchy, and that in the race of the present King. Their Parliament have passed several Votes. 1. That those that have been in the late Engagement against England, shall not bear any Office, as long as they live, except such of them as were under age, and shall manifest their repentance. 2. Such as sat in Committees, and took their oathes, shall not bear Office for ten yeers. 3. Such as never evidented their dislike of their way by Petitioning, shall not bear Office for five yeers. 4. Such as are prophane swearers, drunkards, lascivious persons; and such as do not worship God in their private houses, are not to be admitted to any place of Trust, while such. The poor Rogues that went naked for England, do stand in white-sheets in their publike Congregations, doing penance for that great offence.

Dartmouth. 26. Jan.

Sir,

We had the other day a fight of Prince Rupert, with about fourteen revolted Ships sayling by our Coast, and bending towards Ireland: They drive the whole Channel before them, and seize upon many small Vessels, but one of great value, laden with Cloath, worth at least 50000 l. We apprehend a great neglect in not having any Navy abroad. One of this Fleet was driven in here the twenty sixth, where she now remains. The Master reports, that the Fleet is very poorly victualled, and worse manned, having not 400 Marriners amongst them.

Whitehall, 29. Jan.

Scaffolds are this day building, and will be all night, in order to the Kings Execution. His Majesty burnt all His Papers this day, and His several Clavises to the private Letters sent in Characters to Him, which done, His Majesty and Doctor Juxon did much rejoyce. Sir Lewis &illegible; kept a day of Humiliation, doubting his turn will be next. Lieutenant Colonel &illegible; whom he desired to be exchanged for, is not in France (as he suggested) but safe at &illegible; and if he make any reasonable haste, may come to see, Sir &illegible; his execution. The King’s Children came this day to Him; and the late dead, but now alive Lady Elizabeth, amongst the rest.

Westminster. The Parliament fate this day early, one of the late secluded Members comming this day into the house, occasioned them to consider of that businesse, upon which they voted, that such Members as voted the fifth of Decemb. last, That the Kings Concessions were a ground of setling a peace in this Nation should not be re-admitted, but &illegible; to sit any longer Members for future. They considered of the Frigot come into Dartmouth, and vote, that she be imployed in the service of the next Fleet, and gratuities to be given to the Marriners. The Dutch Ambassadors had their audience in the house, they read their instructions, and Letters of credence in French, but had no copies thereof in English (as is usuall) but said, Copies should be prepared against to morrow morning. Their desire was to intercede for the Kings life, and to keep and preserve a fair correspondency between his Nation and the Estates of Holland, but having no transcripts ready, and being unwilling to leave the originall, the house at that &illegible; could not proceed in debate thereof. The Commissioners of the high Court met this day, and voted, that the place Execution Should be over against the &illegible; house of White-Hall where (its observed) the Kings party (the day the Citizens came down to cry for iustice against Strafford) killed one or the Citizens, and wounded many, being the first blood split in this quarrell The time was agreed upon, to be between the hours of ten in the morning, and three in the afternoon. The Commissioners signed and sealed to a warrant for his Execution accordingly.

London, Printed for R. W.

The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.

NOt death, but the cause, makes a Martyr; and who can be more unfortunate, then he that is most wicked? A sinful life is the death of the soul, and as Plato sayes, The infamy of a Tyrant is immortal: Shall not such as climb up publike and highest sins, fall in open and lowest shame? and those that cover to swim in the blood of Saints, sinke in the gulf of Gods eternal wrath? Surely, that man was most miserable, whose life the wicked did so much desire, and at whose death the righteous much more rejoyce. And if God visits the sins of the father upon the children, shall man dare to smile upon the successors of the wicked, or so many of them as are guilty of the like sins as their parents? Let them that intend to lay this yoke upon us, expect our non-submission to it; for it is too heavy for us, though not others, to bear; and if any intend to impose it upon us, we may possibly shake it off, and lay it upon the Asses backs that are most proper and able to bear it.

To the supream Authority of this Nation, the Commons of England, in Parliament assembled.

The humble Petition of divers (in the name of themselves and others) being known well affected to the Publike Interest of this Nation in the County of of Surrey.

Sheweth,

THat having found by sad experience the continuance of the Publike Calamities of the Nation, to have been principally occasioned by the prevalency of a corrupted party, lately within this house, and by dividing the supream Authority thereof, into the hands of such as are nor intrusted thereunto by the people, which hath daily brought forth cross delatory, and so distructive proceedings; and blessing God for your so happy deliverance from your entanglements within, and opposition without. We your Petitioners, do hope now, that for the time to come, you will not admit so destructive a distribution of your supream Authority, but proceed of your selves without any other, to take such effectual course for the case of the Nation, as shall be requisite.

In order thereunto, we humbly desire,

  • 1.  That the Militia of the County of Survey, and all other places, may be put into the hands of such, and such onely as have expressed a firm and constant good affection to the freedoms of their Countrey, lest the power thereof should be exercised against this honorable House, your most renowned Army, and such of the people, as shew most affection to your just proceedings; and that all others, whether neutrals, being such as have pollitickly acted on both sides, or may be charged with a probable suspition of evil to their Countrey, may be rendered uncapable of trust, by an effectual interdiction, upon a penalty, according to the example of your Ordinance for the choosing Common Councel men, &c. in the City of London.
  • 2.  That all Magistrates. Officers, and others in Authority of the County of Surrey, may be chosen by the wel-affected thereof; and such as have ashsted the King in purse or person, or promoted the late tumultuous engagement for a personal Treaty, or otherwise abetted the same, may upon a penalty be prohibited, at least for a time, from being choosers, or chosen thereunto.
  • 3.  That the Ordinance for Tythes upon treble damages may be speedily revoked; and that hereafter no enforced maintenance be imposed upon the people for the publike ministry. And if you shall think fit to settle a publike ministry for the instruction of the Nation, that a more just and equal way of maintenance may be made for their subsistance.
  • 4.  That a Committee may be chosen by the wel-affected Inhabitants of Surrey, to take accompts of such as have had charge of the Counties disbursments.
  • 5.  That speedy means may be used for taking off that intolerable burthen of free-quarter, and that it may never be permitted for the future; that so we may see some real fruits and benefits of your supream Authority, and be engaged thereby to maintain the same in you, and all future Representatives.

Die Jovis. 1 Febr. 1648.

The House being informed, that there were divers Gentlemen of the County of Surrey at the door, they were ordered to be called in, and being come to the Bar, one of them spake to this effect,

Mr. Speaker, I am desired by divers, in the name of themselves, and others in the County of Surrey, to present this Petition to this most honorable House; and we are exceedingly incouraged thereunto, having the late and just care of this honorable House for relief of Petitioners.

The Petition being received, the Petitioners were Ordered to withdraw.

Ordered, That the Petition be referred to the Committee for consideration of Petitions of like nature.

Ordered, That thanks be given to the Petitioners for their good affections expressed in their said Petition.

Toe Petitioners being again called in, Mr. Speaker told them:

Gentlemen,

The House hath read your Petition, and referred it to be taken into consideration, They have commanded me to take notice of the time when this Petition was delivered, being this day; and they have taken notice of your good affections therein expressed, and have commanded me to give you hearty thanks.

Hen. Scobel, Cler. Parl. D. &illegible;

The last Proceedings of the High Court of Iustice, sitting at Westminster Hall, Saturday, Ianuary 17. 1648.

VPon the Kings coming he desired to be heard. To which the Lord President answered, That it might be in time, but that he must hear the Court first.

The King prest it for that he believed it would be in order to what the Court would say, and that an hasty Iudgment was not so soon recalled.

Then the Lord President spake as followeth, Gentlemen, It is well known to all, or most of you here present, that the Prisoner at the Bar hath been several times convented, and brought before this Court to make Answer to a Charge of Treason, and other high Crimes exhibited against him in the name of the people of England. To which Charge, being required to Answer, he hath been so far from obeying the Commands of the Court, by submitting to their Iustice, as he began to take upon him reasoning and debate unto the Authority of the Court, and to the highest Court that appointed them, and to trie, and to judg him; but being over-ruled in that, and required to make his Answer, he was still pleased to continue Contumelious, and to refuse to submit to answer; hereupon the Court, that they may not be wanting to themselvs, nor the Trust reposed in them, nor that any man’s wilfulnesse prevent Iustice, they have thought fit to take the matter into their consideration; they have considered of the Charge, they have considered of Contumacy, and of that confession, which in Law doth arise upon that Contumacy; they have likewise considered of the Notoriety of the Fact Charged upon this prisoner, and upon the whole matter: They are resolved, and have agreed upon a Sentence to be pronounced against this prisoner, but in respect he doth desire to be heard before the Sentence be read, and pronounced; the Court hath resolved that they will hear him. Yet Sir, Thus much I must tell you before land, which you have been minded of at other Courts, That if that which you have to say, be to offer any debate concerning the Iurisdicton, you are not to be heard in it, you have offered it formerly and you have struck at the root, that is, the Power, and the supream Authority of the Commons of England, which this Court will not admit a Debate of, and which indeed it is an irrational thing in them to do, being a Court that Acts upon Authority derived from them. Put Sir, If you have any thing to say in defence of yourself, concerning the matter Charged, the Court hath given me in command to let you know they will hear you.

Then the King answered, Since that I see you will not hear any thing of Debate, concerning that which I confesse I thought most material for the Peace of the Kingdom, and for the Liberty of the Subject, I shall wave it, I shall speak nothing to it; but only I must tell you, that this many a day all things have been taken away from me, but that that I call dearer to me then my life which is my Conscience and my Honour; and if I had a respect to my life more then the Peace of the Kingdom, and the Liberty of the Subject, certainly I should have made a particular defence for my self, for by that, at leastwise, I might have delaied an ugly Sentence, which I believe will passe upon me; therefore certainly, Sir, as a man that hath some understanding, some knowledge of the world; if that my true zeal to my countrey had not overborn the care that I have for my own preservation, I should have gone another way to work then that I have done: Now Sir, I conceive, that an hasty sentence once past, may sooner be repented of, then recalled; and truly the self same desire that I have for the Peace of the Kingdome, and the Liberty of the Subject more then my own particular ends, makes me now at last desire, that I having something to say that concerns both: I desire before sentence be given, that I may be heard in the Painted Chamber before the Lords and Commons: This delay cannot be prejudicial unto you, whatsoever I say: if that I say no Reason, those that hear me must be Iudges, I cannot be Iudge of that that I have; if it be reason, and really for the welfare of the Kingdom, and the Liberty of the Subject, I am sure on’t it is very well worth the hearing; therefore I do conjure you, as you love that that you pretend, (I hope its real,) the Liberty of the Subject, the Peace of the Kingdom, that you will grant me this hearing, before any Sentence be past; I only desire this, That you will take this into your consideration, it may be you have not heard of it before hand, if you will, I will retire, and you may think of it; but if I cannot get this Liberty, I do protest, That these fair shews of Liberty and Peace are pure shews, and that you will not hear your King.

The Lord President said,

I hat what the King had said, was a declining of the Jurisdicton of the Court, which was the thing wherein he was limited before.

The King urged, That what he had to say was not a declining of the Court, but for the Peace of the Kingdom, and Liberty of the Subject.

Lord President. Sir, This is not altogether new that you have moved unto us, though it is the first time that in person you have offered it to the Court: And afterwards, that though what he had urged might seem to rend to delays, yet according to that which the King seemed to desire, the Court would withdraw for a time, and he should hear their pleasure.

Then the Court withdrawing into the Court or Wards, the Sergeant at Arms had command to withdraw the Prisoner, and to give Order for his return again.

The Court after half an hours Debate, returned from the Court of Wards Chamber, and the King being sent for, the Lord President spake to this effect;

Sir, You were pleased to make a motion here to the Court, touching the propounding of somewhat to the Lords and Commons in the painted Chamber, for the Peace of the Kingdom; you did in effect receive an Answer, before their Adjourning, being pro forms tantum; for it did not seem to them that there was any difficulty in the thing; they have considered of what you have moved, and of their own Authority: The return from the Court is this, That they have been too much delayed by you already, and they are Judges appointed by the Highest Authority, and Judges are no more to delay, then they are to deny Iustice; they are good words in the great old Charter of England, Nulli negabimus, nulli condemus, & nulli &illegible; justitiam: but every man observes you have delayed them in your Contempt and Default, for which they might long since have proceeded to Iudgment against you, and notwithstanding what you have offered, they are resolved to proceed to Sentence and to Iudgment, and thats their unanimous resolution.

King.

Sir, I know it is in vain for me for to dispute, I am no Septrick, for to deny the power that you have; I know that you have power enough: Sir I must confesse I think it would have been for the Kingdoms peace, if you would have taken the pains for to have shewn the lawfulnesse of your power: for this delay that I have desired, I confesse it is a delay, but it is a delay very important for the Peace of the Kingdom; for it is not my person that I look at alone, it is the Kingdoms welfare, and the Kingdoms Peace: It is an old Sentence, That we should think on long before we have resolved of great matters suddainly, therefore Sir, I do say again, that I do put at your doors all the inconveniency of a hasty Sentence. I confesse I have been here now I think this week, this day eight dayes was the day I came here first, but a little delay of a day or two further may give Peace, whereas an hasty Iudgment may bring on that trouble and perpetual inconveniency to the Kingdom, that the childe that is unborn may repent it; and therefore again, out of the duty I owe to God, and to my countrey, I do desire that I may be heard by the Lords and Commons in the painted Chamber, or any other Chamber that you will appoint me.

The President replied, that what he desired, was no more then what he had moved before, and therefore the Court expected to hear what he would say before they proceeded to Sentence.

King.

This I say, that if you will hear me, I do not doubt to give satisfaction to you, and to my people, and therefore I do require you, (as you will answer it at the dreadful Day of Judgment that you will consider it once again.

President.

The Court will proceed to Sentence if you have no more to say.

King.

Sir, I have nothing more to say, but I shall desire that this may be entred what I have said.

The Lord President then proceeded to declare the grounds of the Sentence in a long speech, which you may see at large in what the High Court shall set forth.

The Lord

President having cited many things in relation to the power of Kings, and their being called to account for breach of Trust, and expressed in what sence this present King had been guilty, according to his Charge, of being a Tyrant, Traytor, Murtherer, and publike Enemy to the Common wealth. He further declared in the name of the Court, That they did heartily wish, that he would be so penitent for what he had done amisse, that God might have mercy, at leastwise upon his better part; for the other it was their duty to do it, and to do that which the Law prescribes, they were not there jus dare, but jus dicere; that they could not but remember what the Scripture said, For to &illegible; the guilty, it is equal abomination, as to condemn the innocent; we may not acquit the guilty, what sentence the Law affirms to a Traytor, a Tyrant, a Murtherer, and a publick Enemy to the Countrey, that sentence he was to hear read unto him.

Then the Clerk read the Sentence drawn up in Parchment.

That whereas the Commons of England in Parliament, had appointed them an high Court of Justice, for the trying of Charls Stuart, King of England; before whom he had been since times convented, and at the first time a Charge of high Treason, and other crimes and misdemeanors was read in the behalf of the Kingdom of England, &c.

Here the Clerk read the Charge.

Which Charge being read unto him, as aforesaid, he the said Charls Stuart, was required to give his Answer, but he refused so to do; and so exprest the several passages at his Tryal in refusing to answer.

For all which Treasons and Crimes, this Court doth adjudg, That He the said Charls Stuart, as a Tyrant, Traytor, Murtherer, and a publike Enemy, shall be put to death, by the severing of his Head from his Body.

After the Sentence was read, the Lord President said,

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

King.

Will you hear me a word Sir?

Lord President.

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

King.

No Sir?

Lord President.

No Sir, by your favor Sir. Guard, withdraw your prisoner.

King.

I may speak after the Sentence.

By your favor Sir, I may speak after the Sentence ever.

By your favor (hold) the Sentence Sir——

I say Sir I do ——

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

A Gentlewoman big with childe, some days before the Kings execution, pretended she longed to kiss the Kings hand; which after some denials of the Officers that attended him, was at last (considering her condition, though contrary to their instructions) admitted: After she had greedily kiss his hand, his Majesty as eagerly saluted her lips, three or four times. This Gentlewoman Is reported, by some that then knew her, to be formerly the black handsome Maid, that waited on him at the Isle of Wight. That night his Majesty lay in Whitehal, he much desired to have the next room to his Bed-chamber, which being much prest for, and as often denyed, occasioned some ground of jealousie; and upon a strict search a trap door was found in the said room, at which he intended an escape. A Gentleman desired leave to present a Letter to his Majesty from Prince Charls, a little before his execution, which was granted; so that what discourse past between his Majesty and himself, might be publike. His Majesty upon receipt thereof, said, he was not then in a disposition to read it, but required the Gentleman to deliver his blessing to the Prince, and his love to his Queen, with a request, That she would be a careful Mother to all his children; his blessing likewise to the Duke of York, with this advice, That he would be obedient to Prince Charls. Doctor Juxon administred the Sacrament to him, and being not able to pray without book or form, began this prayer, We be come together at this time (dearly beloved brethren) though there was none but the King present to receive it.

His Maiesty coming upon the Scaffold, express himself in these words, viz.

I Shall be very little heard of any body here, I shall therefore speak a word unto you here; indeed I could hold my peace very well, if I did not think that holding my peace, would make some men think that I did submit to the guilt, as well as to the punishment; but I think it is my duty to God first, and to my country, for to clear my self, both as an honest man, and a good King, and a good Christian. I shall begin first with my Innocency, in troth I think it not very needful for me to Insist long upon this, for all the world knows that I never did begin a War with the two Houses of Parliament, and I call God to witness, to whom I must shortly make an account, that I never did intend for to incroach upon their Priviledges, they began upon me, it is the Militia they began upon, they consest that the Militia was mine, but they thought it sit for to have it from me; and to be short, if any body will look to the dates of Commissions, of their Commissions and mine, and likewise to the Declarations, will see clearly that they began these unhappy troubles, not I; so that as the guilt of these Enormous crimes that are laid against me. I hope in God that God will clear me of it, I will not, I am in charity; God forbid that I should lay it upon the two Houses of Parliament, there is no necessity of either, I hope they are free of this guilt; for I do believe that ill instruments between them and me, has been the chief cause of all this bloodshed; so that by way of speaking, as I finde my self clear of this, I hope (and pray God) that they may too; yet for all this, God forbid that I should be so ill a Christian, as not to say that God’s judgments are just upon me. Many times he does pay Justice by an unjust Sentence, this is ordinary; I will only say this, that an unjust Sentence (Strafford) that I suffered for to take effect, is punished now, by an unjust Sentence upon me; that is, so far I have said, to shew you that I am an innocent man.

Now for to shew you that I am a good Christian: I hope there is a good man that will beat me witness, (&illegible; to Doctor Dixon.) That I have forgiven all the world, and even those in particular that have been the chief causers of my death; who they are God knows; I do not desire to know, I pray God forgive them. But this is not all, my charity must go further. I wish that they may repeat for &illegible; they have committed a great sin in that particular, I pray God with St. Stephen, that this be not laid to their charges nay, not only so, &illegible; that they may take the right way to the Peace of the Kingdom, for my charity commands me not onely to forgive particular men, but my charity commands me to endeavour to the last &illegible; the peace of the Kingdom; So (Sirs) I do wish with all my soul, and I do hope (there is &illegible; here will cary it further) (&illegible; for some Gentlemen that wrote) that they &illegible; deavour the Peace of the Kingdom Now (Sirs) I must shew you both how you are out of the way, and will put you in a way. First, you are out of the way, for certainly all the way you ever have had yet, as I could finde by any thing, is in the way of Conquests certainly this is an ill way, for Conquest (Sir in my opinion) is never just, except there be a good just cause, either for matter of wrong or just Title, and then if you go beyond it, the first quarrel that you have to it, that makes it unjust as the end, that was just at first: But if it be only matter of Conquest, then it is a great Robbery; as a Pirat said to Alexander, that He was a great Robber, he was but a petty Robber; and so, Sir, I do think the way that you are in, is much out of the way. Now Sir, for to put you in the ways believe it, you will never do right, nor God will never prosper untill you give God his due, the King his due, (that is, my Successors) and the People their due. I am as much for them as any of you: You must give God his due, by regulating rightly his Church (according to his Scripture) which is now out of order: For to set you in a way particularly, now I cannot, but only this, A National Synod freely called, freely debating among themselves, must settle this; when that every Opinion is freely and cleerly heard.

For the King, indeed I will not, (then turning to a gentleman that touched the the Ax, said, Hurt not the Ax, that may hurt me (&illegible; of &illegible; bad &illegible; the &illegible;) For the King:) The Laws of the Land will clearly instruct you for that; therefore, because it concerns My Own particular, I only give you a touch of it.

For the People. And truly I desire their Liberty and Freedom, as much as any body whomsoever; but I must tell you, that their Liberty and their Freedom consists in having of Government; those Laws, by which their life and their goods may be most their own. It is not for having share in Government (&illegible;) that is nothing pertaining to them. A Subject and a Soveraign, are &illegible; different things; and therefore, untill you do that, I meane, That you do put the people in that Liberty as I say, certainly they will never enjoy themselves.

Sirs, It was for this that now I am come here: If I would have given way to an Arbitrary way, for to have all Laws changed according to the power of the Sword, I needed not to have come here; And therefore, I tell you &illegible; and I pray God it be not laid go your charge) That I am the Martyr of the People.

Introth Sirs, I shall not hold you much longer; (for I will only say this to you, that intruth, I could have desired some little time longer because that I would have put this that I have said, in a little more order, and a little better digested, then I have done; and therefore I hope you will excuse me.

I have delivered my Conscience, I pray God that you do take these courses that are best for the good of the Kingdom, and your own Salvations.

Doctor Juxon.

Will Your Maiesty (though it may be very well known Your Majesties Affections to Religion, yet it may be expected, that you should) say somewhat for the Worlds satisfaction.

King.

I thank you very heartily (my Lord) for that, I had almost forgotten it. Introth Sirs, My Conscience in Religion, I think, is very well known in all the World; and therefore, I declare before you all, That I die a Christian, according to the Profession of the Church of England, as I found it left Me by My Father; and this honest man (Pointing to Doctor Juxon) I think will witness it. Then turning to the Officers, said, Sirs, excuse me for this same. I have a good Cause, and I have a gracious God; I will say no more. Then turning to Colonel &illegible; he said, Take care that they do not put Me to pain, and Sir this, and it may please you: But then a gentleman comming neer the Ax, the King said, Take heed of the Ax, pray take heed of the Ax. Then the King speaking to the Executioner, said, I shall say but very short Prayers, and when I thrust out My hands ———. Then the King called to Doctor Juxon for His Night-Cap, and having put it on, He said to the Executioner, Does My hair trouble you? Who desired Him to put it all under His, Cap, which the King did accordingly, by the help of the Executioner and the Bishop: Then the King turning to Doctor Juxon, said, I have a good Cause, and a gracious God on my side.

Doctor Juxon.

There is but one Stage more. This Stage is turbulent and troublesome; it is a short one: But you may consider it will soon carry you a very great way; it will carry you from Earth to Heaven; and there you shall finde a great deal of Cordial Joy, and Comfort.

King.

I go from a corruptible, to an incorruptible Crown; where no disturbance can be, no disturbance in the world.

Doctor Juxon.

You are exchanged from a Temporal to an Eternal Crown; a good exchange.

The King then said to the Executioner, is my Hair well: Then the King took off His Cloak and His George, giving His George to Doctor Juxon, saying, Remember ——— (It is thought for to give it to the Prince) Then the King put off his dublet, and being in his Wastecoat, put his Cloak on again, then looking upon the block, said to the Executioner, you must set it fast.

Executioner. It is &illegible; Sir. King. It might have been a little higher. Executioner. It can be no higher Sir.

King. When I put out my hands this way, (Stretching them out) then——

After that having said two or three words (as he stood) to himself, with hands and eyes lift up; Immediately stooping down, laid His Neck upon the Block; And then the Executioner again putting his Hair under his Cap, the King said, (Thinking he had been going to strike) stay for the signe.

Executioner. Yes, I will and it please Your Majesty.

And after a very little pawse, the King stretching forth his hands, The Executioner at one blow, severed his head from his body.

That when the Kings Head was cut off, the Executioner held it up, and shewed it to the Spectator.

And his Body was put in a Coffin, covered with back Velvet, for that purpose.

The Kings Body now lies in his Lodging Chamber in &illegible;

Sic transit gloria mundi.

A Petition in prosecution of the &illegible; of the people, in the Case of Captain &illegible; Member of the House, was this day presented to the House, which &illegible; at large.

To the supream Authority of England, the Commons in &illegible; &illegible;

The humble Petition of firm and constant Friends, to Parliament and common-wealth, in behalf of Captain Fry, a Member of the present Parliament. Sheweth,

THat since you account this the first yeer of the recovery of Englands Liberty, you will not blame us (we trust) if we expect fruits and manifestations thereof, not esteem us presumptuous, if when we apprehend any thing contrary thereunto; we crave leave us represent the same unto you, as at this time, we humbly conceive, we have cause to do, in the Case of Captain Fry, a Member of this honorable House, who as we understand, is lately suspended from his place and right in Parliament, for uttering his judgment in a matter of Religion; whereas we hoped you had now been satisfied, That your Authority did onely extend to things Civil and Natural, and that no man should be lyable to suffer for declaring his opinion in matters Spiritual or Evangelical.

We believe the worst of times will hardly afford a President of this nature; and though happily the like may have been done, when you were bordened with a corrupt Party, whose evil designes enforced them to make use of tyrannical Principles, and to walk in the &illegible; the Bishops and their oppressive Courts; yet since you see God hath therefore blasted them, and laid their greatness in the dust: and since, by your late Vote, and other proceedings, you have begotten some hopes in us, that you will prove more watchful guardians of our Liberties, then any before you: In confidence and expectation hereof, we are emboddened to intreat you,

  • 1.  That you will be pleased to restore that worthy Gentleman, Captain Fry, to his place and trust in Parliament.
  • 2.  That you would enlarge Mr Beast and Mr. Biddle, and see them repaired for their expences in their long and irksome imprisonment, with all others that suffer in the like kinde; and for the time to come. That you will be pleased to keep a strict watch upon your proceedings, when Cases of like nature shall come before you; that so the dangerous consequence of excluding Members from Parliament, or other Trusts, for what some shall call Error or Licentiousness in Religion, being blored cut of remembrance, we may upon good grounds, account this the first yeer of true Freedom, and have cause to reioyce in the just exercise of your supream Authority.

Upon Thursday, January 25. there was presented to his Excellency and his General Councel of War, An Acclamation from the well-affected Gentlemen of the Committee, Ministers, Common-Councel, Grand Jury, Souldiers, and divers hundreds of the Inhabitants of the County and City of Worcester, as followeth.

For his Excellency Thomas Lord Fairfax, and the honorable Councel of War.

The joyful Acclamations of the well-affected in the City and County of Worcester.

BLessed Patriots; for you have been blessed: And the real pursuance of your late Remonstrance (so uprightly stated) will record you so much more to all posterity, Founders of our Peace, as well as confounders of our foes.

We cannot but send you our Acclamations, to strengthen and quicken your hands, in that mighty work; and few, though we be, that yet appear, yet assured we are, That suitable actings to such Just Principles, (you neither seeking your selves, nor too much the compliance of others) will soon bring in all the upright in the whole Land unto you. And not onely so, but will for her make you glorious Patterns to all other people, for the good of all Nations.

Proceed therefore (or else undoubtedly, you soon ruine both your friends and selves) vigorously and throughly in the name of the Lord, and you will eternite your own, while we subscribe ours. In life and death, yours in all Righteous wayes, for Publike Interest.

Mr. &illegible; was desired to return thanks from his Excellency, and General Officers to the foresaid Gentlemen, for their good affections; and that their desires should be promoted.

Jan. 30. The Comons Vote a Narrative of all the proceedings upon the late Kings Tryal to be drawn for satisfaction of the Kingdom. Agree upon a Proclamation, for prohibiting all persons to proclaim any King of England; and that the oft be stopt till to morrow night to carry the said Proclamations into all parts of the Kingdom.

31. Jan. About four this morning, news came from windsov, of &illegible; escape; about two hours after that, he was apprehended by some Troopers in Southwark as he was knocking at an Inne. Thus were Jobs words verified, The wicked shall not escape. The Commons Vote the Troopers 120 l. though they expected 500 l. according to the &illegible; putt shed. The last night Sir Lewes Dives desired to go up to the house of office, two Souldiers guarding him thither, flaid at the door for his coming out, but casting himself down the Jakes shewed them a &illegible; trick for his escape. Some say he is swallowed up into the depth of Hell, there to visit his brothe; others, that Hell hath vomitted him up again on &illegible; dry Land; but for my part, I conceive that Dives is yet in Hell. The Commons to make sure and speedy end of their chiefest prisoners, Ordered to charge an Ordinance for tryal of five of them, viz. Hamilton Holland, Goring, Capel, and Sir John Owen, which so soon as fixed upon them, will doubtless do good execution. And that this execution may not onely reach to England, Scotland, and &illegible; but Holland too, They Voted that the said Holland be removed to the Tower. The two Ministers had thanks for their Sermons, and well they deserved it. It was moved for two more to be appointed against the next Fast, but not granted. It may in time be turned into a day of Thanksgiving though the ridged angry Ministers will yet, I suppose, keep it a day of Humiliation; and I must confess they have need so to do.

1. February. The Commons Ordered (and indeed, it was high time) That all the Members that had Voted the fifth of December last, That the Kings Concessions were a sufficient ground for a settlement, should never be readmitted into the House, during this Parliament: And such as then disagreed therein, to enter their dissents; and those absent, to declare their disapprobation thereof, before readmitted. An Act for constituting a new High Court of Justice, for tryal of the said five Delinquents, read and committed. The Lords desired by Message, a Committee of both Houses, to consider of settling the Kingdom, the Messengers were not called in, but debated long, Whether a Kingly Government should be continued or not? and loosing this Question, Then Voted, that to morrow the House consider of the Lords House, Whether it shall be continued or not; and afterwards, of the maner of Government. The aym of some is, seeing they cannot get them a House of Lords, statu quo prius, that now they should & constituted onely a Consultary, Court; but I must say nothing. They Ordered the Term to be adiourned, till Friday come seventh-night, and that the Judges adiourn it accordingly; But you may command them, and do it your selves. The Kings head is fewed on, and his corps removed to Jameses, &illegible; &illegible; not be kept imbalmed, till Prince Charls comes to the Crown, and inter them at the late King desired, though the &illegible; of Giocester may, if the Lords House be constituted, and a Kingly Government Voted. But will this way settle the peace of the Nation?

2. Febr. The Gentlemen of Kent were called in, and had thanks for their Petition. They Vote 7; Ships to be of this Summers Fleet. Order Moneys and Victuals to be provided They Vote Col. Henry Martin, and Col. Reynolds Regiments, to be added to, and paid as the Army, though in relation to the service of Ireland; who with eight more Regiments to be sent over, are to be part of the Army, and paid there equal to these in England.

3. Febr. The Amendments to the Act for constituting a High Court, were assented to, sixty three Commissioners named, Members of the House, City, and Army, any fifteen of them of the Quorum. Twenty eight dayes limited for trying of them. A whipping Answer &illegible; the Scotch Commissioners bold Papers, &illegible; and committed, &illegible; pound given to &illegible; two &illegible; that discovered the Lord &illegible; &illegible; &illegible; &illegible; he had escaped out of the Tower, though Warrant far the &illegible; and cry, promised &illegible; such as should restore him prisoner.

WHereas Sir Lewis Dives Knight, and Thomas Holder Esquire being prisoners in the custody of the Marshal General of the Army, for rebellious acting, and for other crimes of high nature, against the Peace of the Kingdom; have lately made their escape, These are therefore to require you, by all lawful means, to make diligent search, and enquiry in all suspected places, for the apprehending the said Sir Lewis Dives, and Mr. Holder. And having apprehended them, or either of them, to give notice to the Marshal General, at the Head Quarters, whereof you are not to fail.

Fairfax.

To all Officers, Governors, and Commanders of Castles, and &illegible; and to all Majors, &illegible; and Sheriffs, especially of Port Towns, and to all those whom it doth &illegible;

Mr. Holder is a middle sized man, of a set body, and full faced, and of a brown hair, little of his face. Sir Lewis Dives, is also of a middle size, and hath a flaxen hair, in sad coloured apparel.

Edenburgh Feb. 1. Sir, The Parliament &illegible; daily, the Priests and they are at as much variance as the Parliament and rigid Presbyterie of England, so fearful are they that their outward call, and foolish &illegible; of the stool of repentance, can stand of no legs, when the inward Call is given to Gods people, and &illegible; how odious will they appear, in that they have hidden the light and power of the Gospel from them for so many years together. They bring all to the stool of Repentance that were in the last invasion of England, that acknowledge their &illegible; and desire to be remitted; and yet they are new as much enemies to the proceedings of the Parliament and Army in England as over; in a word, they act their own designs upon their own interest; and though they tall: big of &illegible; an Army, in revenge of the Kings blood, yet be assured they stir not, unlesse on English Army invites them. They much lament the losse of their Countrey man, Charls Stuart, but more the losse of their Revenue out of the Crown of England, which was half the support of this poor Nation. The Parliament here is in as great fear, and therefore hath almost as strong a Guard as the Parliament with you; parties here seem many and violent, but all will joyn unanimously against the Sectaries of England, or in any design for ruining of the godly party of that Nation: they intend to declare something against the taking away of the Kings life, and will endeavor to ground themselves upon breach of Covenant, which they make a Stalking horse, and a Cloak for all their villany, as the Presbyterians in England do under a uniformity of Church Government, though they confesse themselves, that no form of Church-Government is essential, or necessary to salvation being but a shadow, and lesse then nothing of the substance. All things are here in such great confusion, that it cannot be conceived by indifferent and unbyassed men, that they will be able to hurt England, unlesse there be a great occasion of difference to invite them. And let them pretend to what party they will, you will finde them but Robbers and Theeves, for enriching themselves, and destroying the free-born people of the English Nation. We have had two Pests by expresse come down this last week, it would be well to have some preventing care thereof for the future, and much I suppose might be discovered.

Newcastle, 2. Febr. Sir, We received our Post Letters a day after the time usual, but being in relation to the dispersing of the Proclamations (which came safe to our hands) we are not much troubled therewith. The Kings Speech upon the Scaffold, we expected would have been, not onely very satisfactory, but most judicious, by reason his abilities were so much spoken of by his party; but to deal ingennously with you, and all the world, We finde him thereby, not onely weak, but very wilful and obstinate; and for Religion the simplest of all carnal men of his principles in the world, except Doctor &illegible; He died like a desperate ignorant Roman; but nothing can we see in him tending to a true Christian, or the power of godliness: And indeed, no wonder that he made a scosse at it, seeing it &illegible; hid from &illegible; eyes; as &illegible; &illegible; whereby he might &illegible; saved &illegible; head, &illegible; &illegible; &illegible; repentance, and upon acknowledging of his &illegible; At which, the Court would have been so tender, that they had not in all probability taken away his life. But &illegible; heart must be hardened against the day of distruction. We are in quietness here, and little &illegible; and less fear of the acots advance into this Nation; if they do, we are well provided &illegible; them. Many &illegible; are loaden with Coals, and doubtless will much lessen the price thereof, in a very short time. We hear of no ships of the enemy on these coasts; so that ships &illegible; as secure now &illegible; Some extraordinary occasions in relation to the Garison, draws our noble Governor, Sir Arthur Haslering up to London; where he intends to be the next week, and some Officers of this Garison with him.

Before Pontesract Feb. 3. Sir We are glad the tall Cedar is faln so quietly the Shrubs may now the more easily be cut off. We are sorry to hear of Dives his escape, that was the author of spilling so much innocent blood, after one of our garrisons had surrendred to him upon honourable Articles. As for Loughborough, he was a meer Court flie, and very inconsiderable unlesse to strain a Complement however we fear the Keepers were too blame, and could wish the businesse might be examined. The Malignants mourn, and know not what to say, or think of this businesse of the King; the wel-affected I am sure much rejoyce at it. The enemy in the Castle had notice of the Kings Execution, at which they took courage to make a desperate fally, but were gallantly repulst in, with the lesse of one man; they are resolute still, but would be glad of terms, if they could get them; they indeed expect relief, either by open rising again of Malignants here, or privately; and to that purpose we hear of secret meetings and plottings; and they are not light reports, for we have made it a ground to send out parties to apprehend all plotters, matters, and such as were in the late war, which we hope will prevent the mischief. Major &illegible; in his Postage at Ferrybrlgs expressed much discontent and trouble at the proceedings of our Parliament and Army, particularly concerning the King. The Maior Gen. is returned from his hard work of disbanding, and is now at Carbrook.

Westm. Feb. 5.

The house of Commons sate according to former Order, to debate concerning the house of Lords, whether they should be continued a Court of Iudicature, or a Court consultary only (though they have lately past severall Acts in their own names, and all the Lords dissented with them in this whole proceedings against the King, and voted the supream power to be in themselves) this debate held till six a clock at night; the thing driven at, was, that it might be referred to a Committee, to consider what power or constitution their Lordships should have, but the season of the night requiring Candles, the house was divided, whether there should be any brought &illegible; or not, finish this debate, and it was carryed in the negative; so the house rose, ordering to resume this debate to morrow. The house of Lords site this day for a little time, and sent down the same messengers with the same Message as they did the last week, for appointing a Committee to ioyn with a Committee of their house to consider of feeling the Kingdom, but they were never called into the house. The Lords &illegible; till to morrow nine of the clock in the morning.

The High Court of Justice sate this day in the Painted Chamber, and there elected the same Lord President, Solicitor General Councel, with the addition of Mr. Steel (who is now well recovered.) And likewise, the same Serjeant, Clerks, and rest of the Officers as were before imployed in the tryal of the King. They agreed upon a Proclamation to be made by the Serjeant at Arms, in Westminster Hall, to this purpose, viz. That the High Court of Justice, had adjourned themselves till to morrow morning at nine of clock in the Painted Chamber; and such who had any evidence to give against the Earl of Holland, Earl of &illegible; Lord &illegible; Lord Capel, and Sir &illegible; &illegible; or any of them, were to repair to the said place at the same time, where they might be heard.

London, Printed for R. W.

The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.

FOr bearance of speech is most dangerous, when necessity requireth to speak; and a bold speech upon a good Cause deserveth favour, and honour got by vertue, hath perpetual assurance, but grounded upon a rotten foundation, speedily fals to a ruinous condition; thus the Lord of hosts purposing to stain the pride of all glory, brings into contempt all the Honorable upon earth. And if God saith, Such as Honour me, Ile Honour; let no man say, I will Honor the person of the mighty, and shew favour to the wicked, For if ye have respect to persons in judgment, ye commit sin, and are convinced of the Law as transgressors, 2 sames 9. And again, ye shall not respect persons in Iudgment, you shall not be afraid of the face of man, for the Iudgment is Gods, 1 Deut. 17. Iustice corrupted for many years, and now thrice purified, puts the people in thoughts of Cruelty, because impartially executed; and the reason hereof, was, because evil Iudges punishing the purse, spared the person; this made Cicero cry out, That Laws were most destructive to every Nation, when not to every person put in equal and impartial execution. One pretends right from heaven to supersede it, others from Custome to be priviledged from it, and so make none but the poor lyable to it; but seeing the tallest Ceder hath tasted of her sury, let the lowest shrub hereafter drink the dregs of her displeasure: Thus shall not the wicked be Justified for reward, but punished by severe judgements, and then let the land sing for Joy, and the people proclaim peace in their borders, for God hath destroyed the troublers of Israel, and will now delight to cure all the malladies of the Nation.

Tuesday

In Order whereunto, the chief Doctors of the Nation this day consult for cure of one of the greatest, and most dangerous maladies of the whole Kingdom, which lay so deep in the bowels of this Common-wealth, and had so long incorporated it self therein, and compacted so much Malignant humors from the head, and all other parts of the said body to it self, whereby it became so ill disposed, that if speedy remedy be not taken therein, it would probably in short time endanger to infect the whole body: they debate hereupon whether to administer a violent purge, or a strong Vomit, but finding the operation of all former Purges to prove ineffectual, either for present ease, or absolute Cure, conclude, that the disease being desperate and dangerous, ought to have a desperate cure for its abolition, and therefore Order that a strong Vomit be forthwith applied, but because some were against this strong Potion, and inclined rather to a purgation, they divide upon the question, which take here at large.

The question was put, whether that house shall take the advise of the house of Lords in the exercise of the Legislative power of the Kingdom, in pursuance of the Votes of this house of the fourth of Ianuary last, it past in the negative.

And that this may stand as a Record to all succeeding Generations, as an approved Medicine for this dangerous malady, They past this ensuing Vote, viz.

Resolved upon the question by the Commons of England assembled in Parliament, That the house of Peers in Parliament is uselesse, and dangerous, and ought to be abolished, and that an Act be brought in to this purpose. And that no man deceive himself, in saying, All this is but one Doctors opinion; I can assure the Reader they were the maior part, 80 and odd then present.

And to take away not only the cause it self, but the effects of this disease, they further Voted, That neither the said Lords, nor their immediate or pretended servants should be priviledged from the Law, and ordinary proceedings thereof, but their Estates made as much liable thereunto for payment of debts, as any others.

But what if their Lordships have no Estates answerable to their Engagements, or have conveyed away such Estates in Trust, to avoid the payment of debts, must the people be without remedy herein? If they be no house of Peers, nor have any Cozen in the Throne to protect them, how comes it that their persons must not yet by lyable to Arrests and Imprisonment? They Vote it should be referred to a Committee, to consider how their Lordships should be elected Commoners, to serve in Parliament; And &illegible; us high time, &illegible; having found such great benefit by them for eight years together. That all Commoners committed unjustly by their Lordships, should be speedily discharged. And shall they not have leave to arrest the Lords upon &illegible; imprisonments? They vote likewise that their own Estates be lyable to Law for payment of debts; And indeed its high time, unlesse the people should be utterly ruined by that Monster, called Priviledge.

Wednesday

The Parliament, the better to take away the very sting of tyranny, and all jealousie of future oppression, by successive Kings, voted, That it hath been found by experience, and this house doth declare that the office of a King in this Nation, and to have the power thereof in any single person, unnecessary, burdensome and dangerous to the liberty, safety, and publique interest of the people of this Nation, and therefore ought to be abolished, and that an Act be brought in to this purpose. They elected a Committee of five, to make choyce of a Committee of Estates, which are not to exceed the number of forty.

The Corpse of the King was sent to Windsor, to be buried in St. Georges Chappel.

The High Court of Justice sate this day, and made further progress in receiving Instructions against the 5 persons to be tryed, who are to be brought to St. Jameses, from the several places where they are, That (if possible) they may be brought before the Court by Friday.

Reports were made to the House of Commons, of severall Examinations, and other papers concerning Ireland. That the Irish Rebels, and the rest are agreed. And General Preston, the Marquis of Ormond, the Lord Inchequeene, and the rest are all joyned in Confederacie with Owen Roe O Neale. And that their whole strength will amount to about 18000 Horse and foot. And that the Rebels have some 18 Ships, besides Ruperts, that is, all about 40. And they are all designed against Dublin, and parts neer, whither the Land Forces are speedily to advance to lay siege, And therefore there is required a speedy relief for gallant faithful Col. Iones.

The Commons passed instructions for the drawing up of New Commissions for the Judges, that so if the new great Seale be ready, their Patents may be passed to sit, the Tearme beginning on Friday next: And the House also passed a Vote as followeth,

Die Mercurii 7. Februarii 1648.

Resolved upon the Question by the Commons in Parliament assembled, that the Lord Chiefe Justices, and other the Justices of the severall benches, the Lord Chiefe Baron, and Barons of the Exchequer, are required to meet Mr Speaker, Mr. Love, Mr. Say, and Mr. Hill, to morrow morning between seven and eight a Clock, at Mr. Speakers House at the Rolles.

Hen. Scobel Cler. Parl. Dom. Com.

To the Right Honorable, the House of Commons in Parliament assembled.

The humble Petition of the Justices of Peace, Grand Jury men, and other Gentlemen at

the Quarter Sessions holden at Hereford for the same County. Jan. 9. 1648.

Sheweth,

THat being sensible of the miseries of this poor almost wasted Kingdom, and of the long continued sufferings of this County in particular, and finding by experience, we had been all brought to extream misery, and total ruine before this day, had not God appeared as wonderful with, and for the General, Lieutenant General, and their faithful Commanders and souldiers of late, as ever he did by miracles for his People of old; and in our apprehensions, there being under you no other visible means or power, by whom God doth appear to save this poor Kingdom from the bloody Irish, that party of persidious, plundering Scots that last invaded our Kingdom, together with the Malignant, Trecherous English, then this present Army, whose valour God hath made a terror to all our enemies; do therefore humbly propound that you will heare the General, and General Councel of the Army, in all things tending to the speedy settlement of this Kingdom, that as one man, we may joyn together to oppose what force soever shall invade us. That you will take a speedy course that all Treasurers, Committees, and Sequestrators be brought to a speedy and strict account. That the best advantage be made of all Sequestred estates, and the general receipts of the Kingdom may be improved for the publike, with the best advantage. That you will take a special care for the payment of the Army, and with all possible speed take off the great burthen of Free Quarter, that no man be forced to give Free, Quarter unlesse he deny, or delay payment of his Assessment. That the Salary, or allowance of men in publick Imployments, may not exceed, during the continuance of our great payments. And that no man may be forced to serve the State at his own charge, from the greatest to a petty Constable, That all such persons as be in any publick imployment, that lengthen our miseries, by turning with all windes and tides for their own advantage, may be put out, and all opportunities taken to put an end to our troubles, that the generation to come may bless God for some that continued faithful. That you will send forth men of able gifts and parts to preach the Gospel to those that sit in darkness. And lastly, give us leav to present the great sufferings of this County, by paying in al paiments, almost, (if not altogether) double as much as any adjacent County, occasioned formerly by difference, and malice, between some of the chief houses, and families of our County, and our great sufferings when the &illegible; lay so long before Hereford; the many thausand pounds that have been collected from us to disband Colonel Birches Regiment, of which (we never received one peny) and others raised since; and yet never being freed from free-quartering, unless it were for some few weeks.

All which, we hope, you will take into consideration, in convenient time, and in all your good endeavours, tending to a speedy settlement of this Kingdom, we will to the utmost of our power, as God shall enable us, assist you and your faithfull Army, under the Command of the General.

And shall pray, &c.

Justices of Peace.

Thomas &illegible; Iohn James, Thomas &illegible; Francis Pember, Henry Williams, Thomas Seaborne, Esquire, the Mayor of the City of Hereford.

Grand Jury.

Iohn Vernal, Thomas Andrews, Iohn Lenitoll, Anthony &illegible; William Clark, Iohn Taylor, Richard Gwatkin, Thomas Church, Iohn Leech junior, Iohn Lufton, Thomas Eynion, Iohn Simmonds, Rowland Bethel, Iohn Colley, William Marsh, Thomas Williams, Francis Sheward, William Brown, Thomas Danet.

Gentlemen.

Sir Iohn Bridges, Knight and Baronet, Robert Higgins, Thomas Higgins, Arthur Cockerham, Robert Flacket, Thomas Careles, Oliver Chambers, Francis Walker, Miles Hill, Francis Pember junior, Henry Williams, Iohn Herring, Verney Higgins, Tho. Hewet, Francis Bisield, Alex. Garsson, Iohn Pembridg, Will. Careles, Iohn Wolfe, Phil. Sterky, Joseph Parshal, Edward Hussey, Iohn Adis, Iohn Chomley, Tho. Williams, Iohn Walsam, William Williams, James Woodhouse, Iohn Harris, Edward &illegible; &illegible; Wallaston, William Hooper, Richard &illegible;

The Gentlemen that presented this Petition, were by the Sergeant of the House called unto the Commons-Bar, where Master Speaker told them, that he was commanded by the House, to give them hearty thanks for their Petition, and for their affectionate expressions therein, who did assure them that the House would take all possible and speedy care, for the setling the case of the Kingdome; and that the particurats in their Petition, should be taken into their serious consideration in convenient time.

An All prohibiting the proclaiming of any person to be King of England, or Ireland, or the Dominions thereof.

WHereas Charls Stuart King of England, being for the notorious Treasons, Tyrannies and Murthers committed by him in the late unnatural and cruel wars, Condemned to death, whereupon, after execution of the same, several Pretences may be made, and Title set on foot unto the Kingly Office, to the apparant hazard of the publick Peace: For prevention thereof, Be it enacted and Ordained by this present Parliament, and by Authority of the same, That no person or persons whatsoever, do presume to Proclaim, Declare, Publish, or any way promote Charls Stuart, Son of the said Charls, commonly called, the Prince of Wales, or any other person to be King, or chief Magistrate of England, or Ireland, or of any the Dominions belonging to them, or either of them by colour of Inheritance, Succession, or Election, or any other claim whatsoever, without the free consent of the people in Parliament first had, and signified by a particular Act, or Ordinance for that purpose, Any Statute, Law, Usage, or Custome to the contrary hereof in any wise notwithstanding. And be it further Enacted & Ordained, and it is her:- Enacted and Ordained, That whosoever shall contrary to this Act, Proclaim, Declare, Publish, or any way promote the said Charls Stuart the son, or any other person to be king, or chief Magistrate of England or Ireland, or of any the Dominions belonging to them, or to either of them, without the said consent in Parliament, signified as aforesaid, shall be deemed, and adjudged a Traytor to the Common wealth, and shall suffer pains of death, and such other punishments as belong to the Crime of High Treasen. And all Officers, as well Civil as Military, and all other wel-affected persons, are hereby authorized, and required forthwith to apprehend all such Offendors, and to being them in safe custody to the next Justice of the Peace, that they may be proceeded against accordingly.

Die Martis, 30 Januarii, 1648.

ORdered by the Commons Assembled in Parliament, That this Act be forthwith Printed and Published.

H. Scobell, Cler. Parl. D. Com.

A Declaration of the Parliament of England, for maintaining the Fundementall Laws of this Nation.

THe Parliament of England now Assembled, doth Declare, That they are fully Resolved to maintain, and shall, and will uphold, preserve and keep the Fundamental Laws of this Nation, for, and concerning the preservation of the Lives, Properties, and Liberties of the people, with all things incidant thereunto: with the Alterations touching Kings and House of Lords, already resolved in this present Parliament for the good of the people, and what shall be further necessary for the perfecting thereof; And do require and expect, That all Judes, Justices, Sheriffs, and all Officers, and Ministers of Iustice for the time being, do administer Iustice, and do proceed in their respective Places, and Offices accordingly; which resolution, with the Reasons thereof, shall be hereafter published in a larger Declaration touching the same. And it is hereby Ordered and appointed, That this Declaration shall be forthwith proclaimed in Westminster-Hall, and at the old Exchange, and the Iudges in their respective Courts at Westminster, and at the first sitting thereof, are to cause this Declaration to be publickly read; and the Sheriffs in their several Counties are to cause this Declaration to be likewise published.

Die Veneris 9 Febr. 1648.

ORdered by the Commons assembled in Parliament, That this Declaration be forthwith Printed and Published, and that the Members of this House do take care to disperse the said Declaration into the several Counties with all speed.

Hen. Scobell, Cleric. Parliamenti.

Here you have the rest of the Relation of Marshal Gassions life and death.

IN the yeer 1635. he utterly routed and cut in pieces ten companies of foot of the enemy near Espiral: At Brugeres Dompayr, and about the Town of Ramberuilliers in several encounters did overthrow above sixteen hundred of the Lorain forces, whereof above 900 were slain on the place, with great store of prisoners, and 400 horse taken; in the Country of Bassigni he defeated two of the Duke of Lorains own Troops, and brought away their Colours: After that he relieved the Castle of Cheste neer Mirecour, in the view of the Lord Chincham, and afterwards he beat up his quarters, and took all his Baggage, and carried away three Cornets, killed him two hundred men, and took neer three hundred Prisoners, took from the Duke of Lorain the Towns of Charme and Newcastle, and slew many of the Enemies.

In the year 1636. He put to flight two Companies of Croats neer Mirecour, and did after gallant service under the Marques de la Force, (who was then the Commander in chief over the French forces) and there gave testimony of his valour in the overthrowing of 2000. Imperialists, close to the Gates of Raven, where their chief Commander, Colonel Coloredo was taken prisoner.

In the year 1637. He beat up the Quarters of some Imperial forces in the County of Luxemburg, and slew above two hundred of them: a while after, in another encounter, he routed twenty seven Cornets of Spanish horse, whereof 300 were slain on the place, and many prisoners, among them some of quality, Dom Alonso de Vicurs, brother to the Lieutenant General of the Spanish horse in Flanders, being one of them; he carried away all the Cattle from about Monts, having at one time carryed away 6000 head of Cattle, and coming back he took a Convoy of the Enemy, most part of the souldiers being slain or taken.

In the year 1638. At the siege of Castelet he killed with his Pistol the Lieutenant Colonel to General Pycolomini, and that with so much valour, that the Gen. hearing how it was done, did desire that he might have some conference with our Colonel, which was granted accordingly.

In the year 1639. Being under the Command of Marshal la &illegible; coming to the Castle of Tinque neer Arras with 1500 men, he made the Castle yield to him, and from thence going on his way towards Manicourt, he took a Tower, where 200 men had an intent to make good the place against him, and having taken the same, he slew all that were found in Arms: he shewed no lesse valour to suppress the risings that were happened in Normandie, and therefore was chosen by the King to scatter those new upstarts, who were then Commanded by one of no great worth, and known by the name of Vanupied, which after he had broke them, and put them to flight, he slew many on the place, and brought away their Colours, which afterwards he presented to the King, all their chief Commanders being taken Prisoners.

But this routing of them having not quite quelled that insurrection, in a short time he became master of Caen, a very considerable place in lower Normandie, and of some reasonable strength, where being entred with his soldiers, took possession of all the chief places in and about the Town, he disarmed the Citizens, upon suspition that they did favour those that were revolted, which done he sent 500 horse and 1000 foot souldiers to Auranches, a place also in Normandie, where the new raised people had gathered in a great number, and thought to have made some great opposition, but coming to trie it out by the sword, he put them to the worst, having slain 300 upon the place, and put the rest to a disorderly retreat, among them were their chief Commanders, and many others taken prisoners.

In 1640. He was commanded, together with the Lord Vicount Monthas to guard our men that went daily to fetch in provisions, during the time we were at the Leagner before Arras, and to that end he had given him under his Command 600 horse, and 700 musketiers, but the enemy having notice thereof, had thought to draw him into an Ambuscado, there being two hundred horse appointed to draw him on, and engage him in a fight, while their main body, which was not far off, and consisted of 3000 horse, was ready to have fallen upon them having the least opportunity offered; But this Colonel Gassion did so order the business, that the foot having made way for the horse to come through their small Body, upon their first charge they fell so violently upon the Enemy, that the greater part of them were slain and taken prisoners, the rest being gone with all speed to their main Body, who seeing their ill success, had but small courage to proceed in their design, But rather thought it safest to remain where they were, till some better occasion.

In the year 1641. having received Order to besiege a small Town called Lilers, which is about three leagues distant from Aire, where the enemy did brag and boast much that they would hold that place a long time, he carried himself so valiantly, and so diligently, that the enemy fell much short of their great hopes, and lofty pretensions, for no sooner was he come before the place, and summoned it, and shot some volleys of small shot against those that kept some our works, because his Ordnance was not yet come to him; the enemy knowing well his disposition, and that he was not one that would lose time, but went roundly to work therefore thought it their best & safest way to come to a Parley, and so having begun a treaty, had Articles granted them, and the place was delivered up to him.

It is though for a Commander to be valiant and couragious in the midst of his souldiers, but to undertake things single, and parted from his men, is even to go beyond Hercules, this Colonel undertaking to go alone against the enemy, and indeed his fortune was so extraordinary, and his valour so transcendent, that he aymed at nothing more then the purchase of glory and honour, although his life were never so much exposed to perill and danger, but he intended not to follow and imirate the common and ordinary way, but thought it more honourable to tread upon new and unknown paths therefore that which might seem strange in another, is very well accepted of him.

Having notice given him, that the Croates had carried away some horses from the Prince &illegible; he went with all speed to meet that party, taking with him only some of his own Troop, and having met with a ditch, both deep and wide, he without any fear of the danger, did presently venture to go over, having made his horse to swim through the water, being of a great depth, and by that meanes his men not being able to follow after him, he alone did charge the enemy, and before his men came up to him, he had slaine five on the place, put the rest to flight, and brought back three of our men, which they had before taken prisoners, and all the horse, with other spoile that they had with them.

Under the said Marshall de le-Mesteraye (who is so famous for the taking of many strong Townes and holds) he shewed his valour, at the siege of Ayre, and also did manifest his unwearied affections and courage, no lesse constant then full of magnaminitie, he being observed to have remained on horse back fourtie houres, without any intermission, and unlesse he was commanded upon a party, or to venture upon some bold enterprise, he would not at all be far from the Trenches.

In the same yeare 1641. he defeated near the Basice seaven Troops of horse of the Croates, who were Commanded by Count Lodowick, whom he thought a difference between a Commander that is watchfull and diligent, and another on the contrary that is careless, and thinks himself to be in security, as a Earl did at that time, who found himself in miserie before he had foreseen the evill which was to fall and selfe upon him, for this Colonel having beaten up his quarters, did not only slay the best part of his men, besides many prisoners taken, but he gave him so cold a breakfast that he forced him to fly for his life into Lile, having cut off most of his life guard, taken all his baggage, all the horses, waggons, all the women that were found, his Lady not escaping, but were all carried prisoners, not that the Colonel did ever affect that kinde of goods, for all his life time could not ever finde any action in him, whereby his credit and reputation might be stained in the least degree, but his only aime was to procure a good ransom, as he did afterwards for some of them.

In the year 1642. Being then under the Command of Marshall Grammont, he had order to beat up the quarters of the Croats, near Lile, upon which enterprise, although it was an exceeding dark night, a tedious raine, with other things, able to turne many others from the like undertaking, yet he resolutely went on, and for an incouragement to his Souldiers, did often tell them, that those were the only times when they were likely to do some good, and to prevaile upon their enemies, seeing at that time they did least feare, and therefore stood least upon their guards.

In the yeare 1643. being then under the Command of Duke de Enghien at the battle of Rocroy, by the judgment and censure or this Prince, who is the fittest of any to decide it, he being an eye witnesse of his Actions in that fight; he then most gallantly relieved the Iown of Rocroy, which was then besieged by the Count d’Isembourg: he shewed no lesse valone and courage at the great battle fought near that Town, for he brought in one hundred Fire locks, and made so good use of them, that he made them a chief means to break many small bodies of the enemy, which were advanced very far, and beat them back, having also charged their Van so furiously, that though in all likelihood the Spaniards were like to have the better, and to get the day, yet he did so turn the businesse, that at last he broke their main body, and obtained a most famous and glorious victory, where the enemy received such a blow, that they do not yet forget it, but the bleeding wounds thereof are not well closed up; in this fight he was ever carefull to observe punctually such orders as he received from the Prince, who did afterwards certifie the same unto his Majesty; being under the same Prince at the siege of Thioaville, he did no lesse approve himself valarous, and how undesatigable he was upon any occasion for the Kings service, being alwayes present at all the works that were done about the town during the siege, and in imitation of the Prince, made slight of all dangers which could be conceived to be upon the undertaking of any enterprise, and being imployed about the finishing of a work about the side of a &illegible; he received a musket shot in the head, of which he escaped miraculously, being it was contrary to all mens opinions.

In the year 1644. Under his Royal Highnesse, he took severall Forts about Gravelins, and at that siege did act according to his accustomed manner.

Thursday February 6.

This day the Commissioners for tryal of the five persons aforesaid, kept a Fast, to humble themselves, and call upon God for his assistance in that great work.

Rails are this day putting up in Westminster Hall, and the prisoners (according to the Order of the House of Commons) are sent for to be brought to St. Jameses.

This morning the Judges met Mr. Speaker at the Rolls, according to the Order of the House of Commons, and six of them are to have Commissions, being fully satisfied of the sufficiency of the legal Authority of the Commons, which six are these, viz. Of the Kings Bench, the Lord chief Justice Rolle, and Judge Jerman; of the Common Pleas, The Lord chief Justice St. Iohn, and Judge Phesant; and of the Exchequer, the Lord chief Baron wild, and Baron Yates. The other six, (viz.) Iustice Bacon, Iustice Brown, Sir Tho. Bedding field, Iustice Croswel, Baron Trevor, and Baton Atkins are out.

Some time was spent this day about the perfecting of the Commissions for the said Iudges that are to continue, and about their Oaths, &c.

The new great Seal was this day brought to the House, and approved of, and the Commissioners were Ordered to fetch in the old great Seal, which was brought in, and broken in the House of Commons. The Commissioners for the new great Seal, are, Mr. Kibble, Mr. Lisle, and Mr. Whitlock. Some instructions passed concerning the same.

The Commons chose a Committee to bring a List of Iustices of the Peace, that in all parts the il affected may be put out, and honest men chosen.

An Act passed for supplies of the Navy for present service, and the Commons Ordered That M. Humphrey Edwards, Mr. Weaver, and Mr. Liechmore be added to the Committee of the Navy. Some instructions also past for the rewarding of such as shall take, or bring in any of the revolted ships to the obedience of the Parliament.

The Commons were acquainted that the Corps of the late King was sent to Windsor to be interred too morrow night in St. Georges Chappel, and that some persons of honor desired leave to wait upon the Corps; the House Ordered that leave should be given to the Duke of Richmond Marquis Hartford, the Earl of Lindsey, the Earl of Southampton, and Doctor Juxon to go thither to see the said Corps interred.

Friday February 9.

The House of Commons this day according to former Order, considered of the great delay of Iustice in this Kingdom, and exceeding prejudice to the people, by Iustices of Peace denying to apprehend sellons, or to act in relation to a Iustice of Peace, because their Commissions run in the name of the late King, and not in the name of the Parliament; for remedy herein, they made choice of a Committee to consider, and bring in another form for Iustices of Peace, whereby they may be left without excuse when required to Act by Command of the present Parliament of England.

The House having lately Ordered that business concerning the Election of the L. Gen. and Col. Rich to serve for Cirencester, be reported from the Committee appointed to consider of that business, who had before Voted the said Elections good; the said Committee, in prosecution of the said Order, made report this day to the House of the whole state of that business, and the matter of fact thereupon.

The House being fully satisfied that the said Elections were good, Ordered the same by way of confirmation according to the said report; and likewise that the Clerk of the Crown should come to the Bar of the said House, and mend the said returns, to the end the Lord General and Colonel Rich may speedily be admitted Members into the said house.

This day the high Court of Justice for the tryall of Iames Earle of Cambridge, George Lord Goring, Arthur Lord Capell, and Sir Iohn Owen Knight, sate in the usuall place in Westminster hall, to which place, after an Act of Parliament for the tryall of the said persons, and the names of the Members of the Court, being about 50. present, the prisoners were together brought to the Bar, and the Lord President having made a short Speech of the occasion of their coming thither in order to their Tryall, upon severall acts of Treason, and high crimes brought in against them, they were all commanded to withdraw, except the Earle of Cambridge; this done. Mr. William Steele, Attorney Generall for the Common wealth, addressed himselfe to the Court, and in a very acute and learned manner for forth the notoriousnesse of the facts, of which the Prisoner at the Bar was &illegible; by his invading the Kingdome, and committing many murthers, and Rapines, and all this under the pretence of the Covenant, so that as the War was called Hypocritarium bellion, he might be justly tearmed Hypocritarium Princeps, and therefore desired in the name of the people of England, his Charge might be read to him, and he to make answer to it. After the Charge was read, the Earl of Cambridge pleaded, That he was of another Nation, and what he did, was as a servant to that Kingdome, and not as a contriver of it, neither was he ever naturalized Earl of Cambridge that he knew of, that he was a Prisoner of War, and had Articles given him. Then the Act for the naturalization of his Father was read, and so consequently of him, being his Heir. Then the Lord Goring was brought to the Bar, who after the Charge against him read, pleaded not Guilty, and so was dismissed, behaving himselfe in a very submissive and respective manner to the Court.

After him the Lord Capell was brought to the Bar, who having heard his Charge read, pleaded, That he was a prisoner to the Lord Generall and had conditions given him, and life promised him at Colchester, and that all the Magistrates in Christendome, if they were united, and combined together, could not call him in Question. Which being entred as his plea, he was commanded to withdraw, which he did, having from the beginning to the end of his staying there not at all minded, or so much as looked upon the Court, but upon the people of all sides, with a grim and austeer Countenance. The last that was brought to the Barre was Sir John Owen, who after his Charge reading, pleaded, Not guilty of a word of it, and so the Court was adjourned till the next day.

Saturday Feb. 10.

The Commons past instructions for the sending over of the Regiment designed speedily for Ireland, and for raising of other forces to be sent over under Colonel Moor. A new Oath passed for such to take, who shall for the future be made free men of the City of London. Divers Orders and instructions passed, for me altering of the seals of divers Courts, in order to what hath already been done, in order to the seeling of the several Courts of Justice.

This day the High Court of Iustice sat again in Westminster Hall; the Commissioners named, there appeared 47. The Earl of Cambridg was brought to the Bar, and it was moved by Mr. Steel that he might answer to his Charge. The Lord President requiring his answer, the Earl of Cambridge desired time to put things into a method, and that he might send to Major General Lambert, by whom he had Articles given, and also into Scotland, from whence he received his Commission. Then the Court gave him time till Tuesday next to answer, and upon his motion for Counsel, he had liberty to name them, which he said he could not, not knowing any one Councellor in England. The Earl being withdrawn, the Lord Capell was brought in and being demanded to plead in chief to his Charge, he insisted upon the Articles at Colchester, whereby he had fair quarter given him, and that all the Gowns in the world had nothing to do with him; then the Court gave him further time till Tuesdy next, to which they adjourned, to meet first in the Painted Chamber, and afterwards in Westminster Hall, which is in brief, the sum of the whole proceedings against the said persons these two dayes.

By Letters out of the West we understand, That Falmonth men of War have lately taken ten prizes on those Coasts, and are comming away with them.

Capt. Peacock hath, taken, and brought into the river of Thames a Flemish Hull of 400 Tun, laden with Sugar, Tobacco, Powder, and other Provisions, to a great value.

The Earl of Antrims Frigot, with 30 Guns, and 15 men brought into Plimonth.

From S. Mary Autre Feb. 10. The Ministers in Devon are very angry with the Army, they all fearing that the thing called Tythes is the next thing in the Forge that must down. The Ministers Letter of London was read here in the Pulpit by one Mr. Bull, Jan. 28. but a party of &illegible; from Tetrington fetcht him in, to know what order he had for it, but after he was convinced of his errour, and security given for him, that he should never speak or act against Parliament or Army for the time to come, he was set at liberty. The like was done at Apsom to Mr Short.

His Excellency hath this week given orders for the disbanding of Major Gen. Ashtous, and Col. Nich. Shuttleworths Forces, in regard of the great burthen they are to the Country.

From Newcastle. Nothing but a second Charles will please the Scots, or rather indeed, nothing but a War with England, for they are so proud and beggarly, that they cannot contentedly see a good Country lying so near them, enjoyed by any but themselves.

Yesterday Lieut. Gen. Middleton, who was a prisoner upon his Paroll at Alnwick, broke his engagement, and is gone for Scotland: What saith is there to be kept with Hereticks, saith the Kirk?

Pontesract Feb. 10.

Sir,

I received yours this Post, and am glad to see things go on so well, and so fast, I pray God it may hold, till the whole work be finished, and all injustice brought down: I fear the time limited in the Agreement, for ending this Parliament, is too short, and that the many great and necessary affairs to be concluded and done, will in that time be left undone: Besides, for these far distant places from London, I fear the rules propounded in the Agreement, with the short time limited therein for returns, cannot possibly be observed; so that I dare say the time mentioned for the next Parliament to meet, will not possibly be kept here, according to the rules for election, there being no care also taken (in these malignant Counties) to advance or promote the same; so that I wish there were a longer time for the continuance of this, and for the electing of the next Parliament. Neither do we understand here yet what the Parliament hath done upon the Agreement presented to them.

Affairs here yield little of novelty. The enemy in this Castle holds out still, but begin to be in distresse; at least half of them within the Castle are sick. Capt. Wel. Poulden, that commanded the Partie when Rainshorough was killed, is dead. This unseasonable weather makes our Works go un slowly and is a great discouragement to our men, their duty being so hard. We have strong alarms of secret parties lying to relieve this Castle, I know not what may be attempted, but we have taken all care possible to prevent it.

There came forth an excellent Book this week, very usefull for the Kingdom, entituled [The way to peace and unity among the faithfull, and Churches of Christ] written by William Dell, and printed for Giles Calvert, at the black spred Eagle at the well end of Pauls.

For the Funerall of the King. Four of the Kings servants, Mr. Herbert, Mr. Mildmay, Mr. Ducket, and Capt. Preston were appointed for the interring of the King, which was done on Friday; those four Gent. had orders to inter him either in the Quire, or Chappell at Windsor. In case the Duke of Lenox came, it was left to him, to bury him where he pleased.

The four Gent. viewed the places, and thought fit to lay the King near Edward the 4. from whom this K. Charles was lineally descended, although they knew there was a Vault where Hen. 8. lay; but in respect K. Charls never affected Hen. 8. because he sold the Abbey Lands, they did not make choyce of that Vault, till such time as the D. of Richmond came, who made search for Hen. 8. Vault in the middle of the Quire, where was found Hen. 8. body, and the Lady Jane Seymar, and there was room for one body more. The King said often, and the other day at Windsor, that Hen. 8. was never buried, because he invaded the Church lands; but the businesse being then at the &illegible; disposall, the King was buried with Hen. 8. in his Vault, and so there lie two of the greatest Tyrants that ever were in England. Upon Hen. 8. was found purple Velvet, which was buried with him, & upon K. Charls his Coffin was laid a black Velvet cover. The first night the King was brought to Windsor, he was brought into his bed-chamber, the next day the Deans Hall was prepared with mourning, then he was brought thither, the room being made dark and lightned by Torches, where the body was, till the time of buriall, which was about two in the afternoon: The D of Lenox caused this Inscription to be cut in Letters and put upon the Coffin [King Charles 1648] The manner of his cariage to the Grave thus; The Kings servants that waited all the time of the Kings imprisonment went before the body, the Governour and Dr. Juxon went next before the body; the four Lords, Richmond, Hertford, Southampton, and Lindsay carryed the four corners of the Velvet over the Corps, which was carryed by souldiers. It was desired by the D. of Richmond, that the Bishop might use the Ceremonies used at the buryall of the dead; but it was the opinion of the Governour, and those Gentlemen imployed by the Parliament, that he ought not to use the book of Common prayer, although the Parl. did permit to use such decency as the Duke should think fit; but if the Dr. had any exhortation to say without book, he should have leave, but he could say nothing without book.

Feb 12. A Proclamation was this day made by his Excellencies own Trumpet to this purpose, That whereas many souldiers, under pretence of desiring bread and meat at several Merchants, and other houses of Citizens, had committed several outrages, and likewise exacted from the Inhabitants much money. These were to require them under pain of death, to enter any Merchants, or other house whatsoever in the City, or late lines of Communication, except such as are Victualling houses, and others which sell victuals, and so as they make full and just paiment for what they buy and bargain for. And whereas severall abuses have been committed by souldiers, and others who put themselves in the habit of souldiers, by leising Delinquents, and under pretence of searching for such persons, have committed severall Robberies, and done much prejudice to the City, and parts adjacent: All souldiers were likewise requited thereby to forbear to enter into any house upon what pretence soever, for searching for Malignants, or otherwise, unlesse they have an Officer with them which may be accountable for any losse, or detriment to the parties searched.

A Letter this day came from Scotland, that Friday last but one, 1 February Instant, Charls the second was proclaimed King of great Brittain, (which includes the three Kingdoms) and Ordered by the Parliament of Scotland, to be proclaimed in the same manner in all Parish Churches, and at all Market Towns in that Nation.

Febr. 11. The House this day debated the Circuits for the Judges to got next Vacation, and proportioned the same for each of the six Judges, passing an Act for that purpose. A certficate was read from the present Doctor and Apothecary of the Earl of Holland, that his condition was so ill, that if he came up for London, he might perish there, if not before his coming thither, in the way. A Petition was read likewise from the Countess: of Holland, and other Ladies, in favor for him; The House ordered this weak, and dissembling excuse to the Commissioners for the high Court of Iustice to send for him, if they should think fit. Away with this Jugling at last, or all your former honour is last. They appointed Colonell &illegible; of the Army, Colonel Popham, and another, which I came not, to be added to the Commissioners for the Navie, to give an account of, and manage that great businesse from time to time. Much was done at the Committee in relation to Iustices of Peace. That no Member that voted the 8. of Decemb. last that the Kings Concessions were a ground for a settlement, or such as contrived, promoted, or signed the late Petitions for a personall Treaty, should continue any longer in the Commission of Peace, but others appointed in their stead.

London, Printed for R. W.

Imprimatur G. M.

The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.

THE end of Victory is Peace and Freedom, but slavery after conquest, adds much to former misery: He that promises speedily, and is long in performance, is but a slack friend; and he that performs not according to trust, layes himself open to the fury of the multitude. That foot deserves best the pinch of the shoe, that wears it; and an English back will not too long bear the burthen. When a disease is past curt, the Patient can expect no remedy; but If the Cure be facile, the Doctors negligence ought to be questioned. If the disease be desperate, all remedy is endeavoured, by altering the Physitians, so prompt is Nature to preserve it self; and though this alteration proves sometimes unfortunate, yet many times most happy: but its possible by others faults, wise men may correct their errors, and give those testimonies of fidelity, which may occasion a mutuall antity, which cannot be expected, till this burthen be eased, and the sicknesse cured.

Take here the substance of a Scotch Proclamation, viz.

The Estates of Parliament conveened in this second Sessions, of the second Trienniall Parliament, by vertue of an Act of the Committee of Estates who had power and authority from the last Parliament, for conveening the Parliament, considering, that forasmuch as the Kings Majesty, who lately reigned, is, contrary to the Dissent and Protestation of this Kingdom, removed by a violent death, and that by the Lords blessing there is left unto us a righteous heir, and lawfull successor, Charls Prince of Scotland and Wales, now King of great Britain, France, and Ireland; We the Estates of Parliament, of the Kingdom of Scotland, do therefore most unanimously and chearfully, in recognisance and acknowledgment of his just Right, Title, and Succession to the Crown of these Kingdoms, hereby proclaim and declare to all the world, that the said Lord and Prince Charls is, by the Providence of God, and by the lawful right of undoubted Succession and Discent, King of great Britaine, France and Ireland, whom all the Subjects of this Kingdom are bound humbly and faithfully to obey, maintain, and defend according to the Nationall Covenant, and the Solemn League and Covenant betwixt the Kingdoms, with their lives and goods, against all deadly, as their only righteous Soveraign Lord and King; and because his Majesty is bound by the Law of God, and fundamental Laws of this Kingdom, to rule in righteousness and equity, for the honour of God, the good of Religion, and the wealth of his People;

It is hereby declared, That before he be admitted to the exercise of his Royal power, he shall give satisfaction to this Kingdom in these things that concern the security of Religion, the unity betwixt the Kingdoms, and the good and peace of this Kingdom, according to the National Covenant, and the Solemn League and Covenant; for which end, we are resolved with all possible expedition to make &illegible; humble and earnest Addresses unto his Majesty: for the &illegible; of all which, We, the Parliament of the Kingdom of Scotland publish this our acknowledgment of his Just Right, Title, and Succession to the Crown of these Kingdoms at the market Cross at Edinburgh, with all usual Solemnities in the like cases, and ordain his Royal Name, Portract and Seal to be used in the &illegible; writings, and Judicatories of the Kingdom, and in the Mint-house, as was usually done to his Royal. Predecessors, and Command this Act to be Proclaimed at all the Market Crosses of the Royal Burghs within this Kingdom, and to be Printed, that none may pretend ignorance.

God save King Charls the Second.

This was done by the whole Parliament, the Lords all in their Robes, the Cross was richly hanged, the Chancellour brought up the Proclamation, read it to the King at Arms, who proclaimed it the City being in Arms, making a great &illegible; and &illegible; the great Guns went off. Its decreed to send four persons of eminency to invite their proclaimed King to come in upon the conditions exprest in the Proclamation; these four will be one Earl, one Baron, one Burgesse, and one Divine. There will be speciall care had, notwithstanding this, to leave out, or not to have to do with any who were in the late engagement, or that have been in Arms formerly against either Parliament; and Prince Charls must quit all that party, if he expect welcome at Edenburgh, which its believed he will do, and leave the others to shift for themselves in Ireland.

February 13.

The Commons passed some Votes for paying those Northerne Forces that are to be disbanded. They also passed Instructions for Colonell General Lambert, concerning those Northern Forces which are to continue, and be of the establishment.

The committee appointeed, made Reports of the Councell of State, brought in their Instructions, and the names of 37. Gentlemen, some Members of Parliament, and some Judges of the Courts, the time to be for one yeare: The whole was read, but nothing done this day by the House, either concerning the names or place; But the House considered of the Instructions and power that should be by way of Commission, to such as shall be authorized to be Commissioners of State for the Government of the Nations of England and Ireland; And passed their instructions for the ordering of the Militia, the governing of the people, the setling of Trade, the execution of the Lawes, and all other things for the safety, defence, and good of the people; and referred the consideration of the names, and the place, with some other circumstances, untill another time.

In the after-noone the House being againe &illegible; the Committee brought in an Act for the sale of &illegible; and &illegible; Lands, which was read, the manner is by a Committee and Contractors, and all other things much like the manner of the sale of Bishops Lands, with instructions also for the Leases at such and such a value.

The Commissioners of the High Court of Justice met this morning in the printed Chamber, and spent much time in preparations, in order to the Triall of the Lord Capell, and the Earle of Cambridge, and the Articles and other papers, in relation to the Lord Capell, about the quarter granted to him, were perused by the Councell; and his Excellency the Lord Generall, Commissary Generall &illegible; Colonel Whalley, Col. &illegible; Master William Clarke, with others were sent to, and desired to be at the sitting of the Court in Westminster Hall, to give in their. Testimony concerning the Lord Capell, in case he did further insist upon the Articles of Mercy, to which he had before so much pressed.

This day the High Court of Justice &illegible; in Westminster Hall; first the Lord Capell was brought to the Bar; The Attorney Generall moved, that this day being assigned for the Prisoner to make good his Plea, it was desired in behalfe of the Common-wealth that he might make it good if he could. The Lord President told him that he had put in a Plea, concerning Articles, for proofe whereof the Lord Generall was then present, and that if he had any thing to aske him, he had liberty, if not, the Councell for the Common wealth were to offer what they could in proofe of it. Then the Attorney went on, and produced first the Lord Generals Letter that he sent to the Parliament upon the rendition of &illegible; and the Articles, and the explanation of the Articles, whereby, and upon the Testimony of the Lord Generall, Commissary Generall, Col. Whaley, and Col. &illegible; it appeared, that he &illegible; to have faire quarter for his life, which was explained to be a freedome from any execution of the Sword; but any protection from the judiciall proceedings of a civill Court, and mercy, was explained, to be only from the promiscuous execution of the Sword, but so, that he might be tryed by a Councell of Warre.

And it was clearly proved, That the Articles were only to save him from the present power of the Sword to take away his life; and Col. &illegible; declared upon Oath, that the night after, he being with the Lord Capell, his Lordship said, That they were dealt hardly with, and asked him what he thought the Parliament would do with them; and that he then told him, That the Parliament had declared some of them &illegible; and that he did not know what they would do, but did believe, seeing that they had declared them to be Traytors, that they would proceed against them upon that account.

The Councel moved for judgment against him, to be Drawn, Hanged, and Quartered, at which he was much astonished, and after a short speech made to the Court, he said, That however he was dealt with here, he hoped for a better &illegible; hereafter.

Afterwards the Earl of Cambridge was brought to the Bar, who was required to make good his Plea; he said, That he was thankful for that time the Court &illegible; him, but that it was so short, that he could not be provided, nor did he &illegible; know the names of any Councel, but now he hath got the names of four, which he desired might be assigned him, (viz.) Mr. Hales, Mr. &illegible; Mr. Parsons, Mr. Herne, and a Civilian (viz.) Dr. VValker; the Lord President said, That the Councell for the State were but four, and bid him name what four he would, and then he named Mr. Hales, Mr. &illegible; Mr. Parsons, and Dr. VValker, which was granted to him.

He desired leave to have sent to Scotland, and farther time; It was answered, That it was for prisoners to prepare their, proofs against their Tryal, he having been in prison so long: the Earl of Cambridge said, That during his 6 &illegible; imprisonment, he never sent about any private business, not otherwayes, but only by one for monies to maintain him in prison, whom he durst not trust with any other businesse. He prayed the mercy of the Court, that if they would &illegible; him, he might be useful. It was told him, that he might thank himself for that evil he had brought upon him, and it was shewed to him what a &illegible; offence he had committed, in his Treason, Murder, &c. Then the Earl of Cambridge said, that he was sorry for what he had done, and wished that he had had that good Counsel sooner, that he might not have done it. He had time given him untill Thursday following.

Feb. 14.

The Committee of Estates was reported, consisting of some Lords (who dissented to the Ordinance for tryall of the late King) some Commons (many whereof (though named in the Commission for tryall of the late Tyrant) never appeared) others sometimes appeared, but drew back at the day of sentence, and consisting likewise of others that both appeared all the time of the tryall, and at Sentence too. Take their names at large.

EArl of Denhigh. MAior Gen. Skippon. HEnry Martin Esq;
Earl of Mulgrave. Sir Gilbert Pickering Col. Ludlow.
Earl of Pembrook. Sir William Massum. Anthony Staply Esq;
Earl of Salisbury. Sir Arthur &illegible; William Henningham Esq;
Lord Grey of Wark. Sir Iames Harrington. Robert Wallop Esq;
Lord General Fairfax. Sir Henry Vane Jun. Iohn Hutchinson Esq;
Lord Grey of Groby. Sir Iohn Danvers. Denis Bond Esq;
Lord &illegible; Sir William Armyn. Alexander Popham, Esq;
Lord chief Iustice Rolle. Sir Henry Mildmay. Valentine Wallon Esq;
Lord chief Iustice St. Iohn. Sir William Constable. Tho. Scot Esq;
Lord chief Baron Wilde. Alderman Penington. William &illegible; Esq;
Lord President Bradshaw. Alderman Wilson. Iohn Iones Esq;
Lieutenant Gen. Crumwel. Bulstrode Whitlock Esq;

Their Instructions were reported, to raise, train, exercise, and command the &illegible; of England and Ireland; to provide stores of Ammunition for these two Kingdoms to appoint and command a Navy for defence of both Kingdoms: To do all things requisite for preserving the peace and safety of the two Nations; To preserve Trade, and the Laws of the Land: To continue for twelve moneths, and no longer. The place of &illegible; for &illegible; Commissioners, is &illegible; &illegible; Hall, and if resolved, Lodgings are to be there provided for them.

A Petition presented this day to the Commons, from the County of &illegible; and because of concernment, and truly honest, take the &illegible; at large.

1. That you would proceed to speedy Trial, and publick Iustice upon all those who shall be found guilty of procuring, acting, or &illegible; the first or second war, &illegible; the invasion of the &illegible; to the &illegible; ruine of many &illegible; (if not thousands) of Families; because Iustice is not speedily executed on evil &illegible; therefore the hearts of the sons of men are continually set upon mischief. 2. That you would &illegible; to your late, Iust, and Honourable Votes concerning the &illegible; and Legislative power of the Nation, for we cannot but take notice of the late endeavors of those men called Lords, how they leave no means &illegible; to &illegible; themselves again into power, and we have cause &illegible; &illegible; to &illegible; other &illegible; but to improve their interest, to return us again unto our &illegible; and &illegible; &illegible; 3. That Tythes, whose beginning in this Nation is known to be superfluous, and found by sad experience to be exceeding oppressive, and &illegible; to all sorts of people, especially the poor husbandman, who is thereby deprived of the benefit of his stock and labour, and hath been so often Petitioned against &illegible; a grievance to the Nation, may be wholly taken away. 4. That the people of the Nation &illegible; made &illegible; by having their Lands wholly cleared, and discharged from all manner of &illegible; and Homage, claimed by any Lord, or others, as Lords of Mannors, that being a &illegible; and &illegible; of the Normand slavery. 5. That the many great and &illegible; &illegible; of Statute Laws be well &illegible; and such only left in force as are made needfull in the Common wealth, and that all Lawes, Writs, Commissions, Pleadings, Records, and Processe be in the English tongue, and that there be Courts &illegible; in every Hundred, by twelve of the same Hundred. 6. That you would take some speedy and effectuall course for the payment of the publick debts. 7. That the present Army under the conduct of the Lord Generall be so provided &illegible; that they may not be necessitated to take free quarter. 8. That effectual and speedy provision may be made for the relief and maintenance of the poor, by improvement of Commons, and other waste lands, or otherwise, &illegible; your wisdome shall think &illegible; &illegible; the raising a stock for their imployment, that so many thousands be &illegible; &illegible; to beg, or perish by starving, which is indeed a shame and dishonour to a Nation &illegible; Christianity.

The Petitioners were called in, and (sayes one) had the thanks of the house given them for their good affections, And why not for their good &illegible; &illegible; Surely they well deserved it, if I may dare to say so.

They past a form of an Oath to be given to the Justices of Peace that shall stand in Commission, four parts in fix of them being disaffected to the Parliament, and their late proceedings; their Commissions and &illegible; are to be sent down to them. They conclude on the form of an Oath to be administred to all Citizens of London, before they be made free: And because short, take it &illegible; large, with &illegible; Act past for making null the Oaths of Allegiance, Obedience, and Supremacy.

An Act for the form of an Oath to be administred to every Free-man at his admission to his freedom in the City of London, and in all Cities, Burroughs, and Towns Corporate in England and Wales.

BE it enacted by this present Parliament, and by authority of the same. That the Oath underwritten, and none other, be administred to every freeman of the City of London at the time of his admission to the said freedom.

You shall Swear, that you shall be true and faithfull to the Common wealth of England; and in order thereunto, You shall be obedient to the just and good Government of this City of London, You shall to the best of your power, maintain and preserve the Pear and all the due Franchises thereof; and according to your knowledg and ability, do, and perform all such other acts and things as do belong to a freeman of the said City.

And be it further enacted by the authority aforesaid, That the same oath, &illegible; mutandis, and no other, shall be administred to all, and every freeman in every City, Burrough, and Town corporate in England and Wales, where Oaths are Ordinarily administred to freemen, at the time of their admission to the said freedom, in every such City, Burrough, and Town Corporate.

Die Sabbathi, 10 Febr. 1648.

ORdered by the Commons Assembled in Parliament, That this Act, and the Act so abolishing of the Oathes of Allegiance, Obedience and Supremacy, be &illegible; Printed and Published 3 And that the Members of every City and Burlough do take care to send them down into the several Counties for which they serve.

Hen: Scobell, Cleric. Parliamenti.

An Act For Repeale of the several Clauses in the Statutes of 1 Eliz. & 3 Jacobi, Touching the Oathes of Allegiance, Obedience and Supremacy.

BE it Enacted by this present Parliament, and by the authority of the same. That the Oathes commonly called, the Oathes of Allegiance, Obedience, and Supremacy, mentioned in the Statutes of the first yeare of Queen Elizabeth, and in the third year of King James, and all other Oathes of Allegiance, Obedience and Supremacy whatsoever, shall be, and are hereby wholly taken away; and that the severall Clauses and Branches in the said Acts, or any other Act of Parliament touching the said Oathes or either of them, be made void and Null, and shall not hereafter be administred to any person or persons whatsoever; neither shall any place or office be voide hereafter by reason of the not taking thereof, or of any of them, Any Law, Custom, or Statute to the contrary notwithstanding.

Hen: Scobell, Cleric. Parliamenti.

An Oath is the truth of an uncertainty, delivered according to the knowledge of the party, but to kiss the book, and lay the hand thereon, whereby to induce a belief in the ignorant, that the force of the Oath lies in that Ceremony, is most ridiculous, and of all others, the greatest foppery: To speak truth to the question propounded, is as much as can be expected; and for any form, supported by ridiculous ceremonies, call it an Oath, or what you will, its nothing binding to the party swearing, the substance of the Vow lying in the words spoken, and not in any other thing whatsoever.

A Declaration past also the last week, to maintain, uphold, and preserve the Fundamentall Laws of this Nation, and requires all Judges, Iustices, Sheriffs, and all Officers and Ministers of Iustice for the time being, do administer Iustice accordingly. I professe for my part, I understand it not, unlesse the people of this Nation shall be for ever continued under the Normand slavery. Is any man in this Nation free, that payes a Pepper-corn yearly out of his Estate to the Crown, having an Estate in Fee-simple? Is not he a slave upon Record? Besides, if the King can demand a Pepper-corn, hath not he thereby as clear an interest in my Estate as my self, and may demand any part, or the whose thereof? As in the Case of Shipmony. And must we have this still continued? Is any of our Laws fundamentally so constituted, but upon sufficient reasons may be repealed? Must the badges of our slavery (Fealty and Homage) be still maintained? To what purpose have we sought all this while, if our Laws shall not be abridged, and the proceedings thereof put into a known tongue? Is there any reason that a people should suffer by a law, when that Law must not be made known to them? Which is as much as if there were &illegible; Law to offend. Was not this the design of our oppressing Tyrants, and destructive Lawyers, to keep the people in ignorance, the better to enslave them? And shall &illegible; in the time of Reformation be still continued under this great misery?

February the 15.

THe high court sate this morning in the painted Chamber, to prepare to have all things in a readines against the 4 prisoners, formerly before them, And also in expectation of the Earle of Hollands being brought from Warwick Castle, or something (of certaine) that he is in very deed so sick, that he is not able to come, without apparent danger, in respect of his bodily disease; for in order to the Instructions of the House of Commons directed to the high Court therein, they sent Doctor Saint-Iohn, and Master &illegible; a Physician, and a Chirurgion, who had Instructions, with 4 Gentlemen of the Country, to go to the Earle of Holland, and if they finde him fit for travell, then others have orders to bring him away, but if he be not, then they are to returne without him, and give perfect advertisements thereof to the Court, which returne was this day expected; And by Letters from Warwick it is advertised, that they were preparing to bring away the Earle of Holland, And that he would be at London this night, or to morrow at the furthest, for (say the Letters) the Doctor and Physician have given in their opinions, that he may travell for any indisposition of body or sickness, without any great danger thereby.

The Dutch Ambassadors were this day to receive their answer from the Commons of England in Parliament assembled. The answer to their Embassie is, that the Parliament of England gives thanks to the high and mighty States, for their desires of a faire and good Correspondency with them, and that &illegible; their part they shall likewise endeavour it, which they desire, and good expessions of affection from the Parliament of England to them; and as to what the Estates of Holland writ, concerning the late King of England, they returne them answer; that in what they have done therein, their proceedings have been such as is consistant with the Fundamentall Laws of this Nation of England, which is best known to themselves; And that in all clearenesse they do desire that there may be a good Correspondency &illegible; the Nations.

The Commons Vote Mr. Catwich to be the high Sheriffe for the &illegible; of Cornwall, and passed Instructions therein.

An act passed the House, that upon the Sheriffes bringing in of their layings &illegible; their Accounts being passed, they shall be paid out of their owne Receipts. Which Act take at large.

An Act For the more casie passing the Accompts of Sheriffs.

BE it Enacted by Authority of this present Parliament, that the charges which the respective Sheriffs of the several Counties in England and Wales shall at any time hereafter be at, in passing their Accompts in the Exchequer (deducting the usual allowances made to them) shall upon their delivering notes of Receipts of such charges, under the hands of several Officers of the Exchequer to whom they shall pay the same (which notes the said Officers are hereby required to give unto the said Sheriffs respectively, under their hands) be deducted and allowed unto them respectively, out of the moneys which they shall pay in to the Receipt of the Exchequer, to the use of the Common-wealth, upon such their respective Accompts; And the Commissioners of the Revenue, Barons of the Exchequer, and all other Officers in the Receipt or otherwise whom it doth or may concern, are hereby authorized and required to take notice hereof, and to make such deduction and allowance accordingly.

Dic Jovis, 15 Febr. 1648.

ORdered by the Commons assembled in Parliament, That this Act be forthwith Printed and Published.

Hen: Scobell, Cleric. Parliamenti.

An act was presented to be ingrossed for reformations in the Company of &illegible; there is a burden removed, to the comfort of thousands of poor people.

There passed an order for the altering of the Sheriffes Oathes, as other Oathes are altered, and other Votes and instructions passed about their Rols, and other things relating to the Sheriffes Office, for the removing of severall burdens and inconveniences.

This day the Court being sate in Westminster Hall, the Earle of Cambridge was brought to the Barre. The Counsel for the Common-wealth required of the Court, That he might make good his plea, according to the order of the Court. The Earle of Cambridge told the Court, that two of his Counsel could not come, the one being not well, the other imployed in the publique affairs of the Common-wealth; &illegible; were there save only Doctor Walker, and he made an excuse, that he was engaged for the affaires of the State, and made some quære, Whether he might engage for him; It was declared, that they were the same that he himself desired of the Court. The Earle of Cambridge acknowledged to the Court how favourable they had been to him, and prayed that he might have other Counsell for those two who could not assist him. That was granted, and he is to send their names to the Court; he prayed also for longer time, and the Court granted him untill Saturday, he prayed for privacy with his Counsell, that will be considered of; they are for Law, not for matter of Facts. Evidence was ready against him, he prayed the mercy of the Court, assured to serve in England, and spend his blood for them, He is to appeare againe on Saturday next.

February 16.

The Parliament upon Address of a Letter from the Dutch Ambassador General, that he being upon a return to his own Countrey, desired to take leave of them, and desired their consideration of some grievances of their Merchants, who had received abuses of some of this Nation. The House referred the Petition and Ordered to send two Members to the Ambassador, to congratulate him in his return, and present the Houses respects to him. They supplied several Counties vacant of Sheriffs, and appoint 1500 l. to be paid towards the Judges charges in the several Circuits. Which might be spared, if a Judicature was &illegible; in every County: But when must unnecessary and distructive customes be laid aside?

This day the High Court of Justice again met in Westminster Hall, after the Court was called, 35. appearing, the Lord Goring was brought to the Bar; upon his coming Master Cook the Solicitor General made an excellent Speech, setting forth the heighth of the Crimes, whereof the Petitioner was charged, and the murthers, inflagrations, and violencies committed by him, and his accomplices in Kent and Essex. The Lord Goring acknowledged, that for the matter of fact, he could not deny much of it; as that he was at Rochester and Colchester and the like; but should clear himself of some particulars.

Then the Court proceeded to the hearing of Witnesses &illegible; voce against him, and Lieut. Col. Wicks, Lieut. Charls Treason, Samuel Shambrook, Lieut. Col. Shambrooks son, who was shin before Colchester, and the examination of Ensigne Carington, who was taken prisoner in Colchester (who is now sick) was read; all which proved the death of Col. Needham, Lieut. Col. Shambrook. Captain Laurence, and others. The shooting of poysoned Bullets boyled in Copperis, and that Lieutenant Col. Shambrook was shot with one of them; the cruel usage of the prisoners in Colchester, and the Lord Gorings reviling of them calling them Rebellious Rogues, &c. the burning of 500 or 600 houses at Colchester, and many other things of the like nature.

The Lord Goring by way of defence, made a Narrative of all his proceedings since his last coming into England, acknowledged his receiving a Commission from the Prince, his granting Commissions to Col. &illegible; and others (Signed Norwick,) but that what he did was out of a good intention for peace and accommodation, and that Treason being in intentions he could not be guilty of it; he not intending to raise forces against the Parliament, pleaded his Peerage, and the Articles of Colchester, by which fair quarter was given him.

To which the Councel for the Common-wealth answered, That the actions of any man were the best expositions of intentions, and his actions speak him guilty of Murther, Treason, &c. In his Peerage, the power by which the Court sate, was an answer to it; and for the Articles at Colchester, though he had at first waved them by pleading not guilty, yet that he should have as full a benefit of them as the Lord Capel, who had largely pleaded for them. After which, the Prisoner was commanded to withdraw, the Court being to consider of the Depositions against him, and accordingly to proceed.

After this Sir John Owen was brought to the Bar, and the witnesses against him, viz. Major General &illegible; Col. &illegible; and Cap. &illegible; &illegible; gave in their Testimonies concerning the death of VViliam Lloyd Esquire, high Sheriff of the County of &illegible; and divers others. Sir John Owen endevored to clear himself, he alleading that what he did, was to free himself from violence and plunder; but it was afterwards proved, that he had been in the first War, had the Articles of Conway; whereupon he was admitted to compound, and took the Covenant and Negative Oath, and yet notwithstanding engaged a second time. The Court ordered to consider of the proofs, and accordingly to proceed.

Feb. 17.

The House this day past their Declaration in answer to the Scots papers. They voted that the Scots Commissioners should have a Copy of the said Declaration, and that it be forthwith printed. The house ordered 1000. li. per an a piece should be allowed to each of the Seal Commissioners. They ordered that the Committee of Estates should fit this afternoon at Derby house, and adjourn as they should think fit. They further ordered that lodgings should be provided for all the said Committee, if desired, in White Hall, and so soon as the lodgings are compleated and furnished, the said Committee do adjourn thither, and sit &illegible; from time to time. They also voted that two Seals should be forthwith made for the &illegible; of the said Committee one of a great &illegible; the other of a lesse, and that the Arms of England and Ireland should be engraven thereon, and voted the inscription thereof to be to this purpose, viz. The Committee of Estates appointed by Parliament.

The house ordered, that his Excellency the Lord Generall Fairfax, and Col. &illegible; should be required to sit in the House, and perform their service for the Town of Cirencester, upon the former election. They ordered that the Letter from the P. Elector, concerning his intentions of returning to his own Country, with some acknowledgement of thanks for favours to him, should be read on Monday morning next.

This day the High Court of Iustice far again in Westminster-hall, the Lord &illegible; was first brought to the Bar, and several witnesses examined concerning his escape out of the Tower, viz. Col. VVest Lieutenant of the Tower, &illegible; Hall, Lewis Davis, &illegible; Standard, Lieutenant of Robert Munnings, and Nathaniel &illegible; Marshall, who clearly proved his escape, and the manner of it: The Lord Capell pleaded that he did not escape as he was a prisoner of war, but as he was sent to the Tower in another condition. The Court resolved to take this plea into consideration, and the prisoner was withdrawn.

This day the Earl of Cambridg being brought to the Bar, he first urged, That the Councel which were assigned to him, could not be ready to plead, by reason of their not having longer warning; and that it was not proper for them to plead in matter of Law, till the fact was proved: After this, the Court declaring, that he had been often moved to make his defence, he proceeded in it; and first he produced his Commission from the &illegible; of Scotland, to command all the forces of that Kingdom; after that, the order of the Committee of Estates for his march into England; and then the large Printed Declaration from Scotland, of the ground of their Armies advance into England, was produced and read, the Earl pleading, the ends of it being for &illegible; Majesties Honor, the setling of Religion, and Covenant; he also pleaded the Articles agreed upon between the Commissioners on Major General Lamberts part neer &illegible; upon his yielding up prisoner to them, whereby he was assured of quarter and life. And the Lord &illegible; Col. Robert Lilburn, and Mr. Peters, were produced as witnesses. For the matter of Naturalization, he pleaded, That his Fathers being naturalized, could not make him a Subject of England, no more then the son of an Englishman, born in any forraign parts, could intitle him to enjoy any inheritance here; That he had a Petition and Bill prepared by the Commons in this Parliament for his Naturalization which was not passed.

Much time being spent in his former Defence, and the witnesses for the Common wealth being too many to be examined, the Councel for the Common wealth desired that some witnesses might be examined concerning his escape out of Windsor Castle, which was granted and Colonel &illegible; and the Marshal of the Castle declared the &illegible; of his escape, and that he had passed his saith to the Governor to be a true prisoner, &illegible; he denied, and offered a Challenge to the Governor, had he not been in that capacity he was: But the Iudgement of it was left to the Court, and the Earl Ordered to bring his Councel on Munday next.

&illegible; Febr. 15. Sir, In my last I told you of the maner of proclaiming Prince Charls King of Great Britain, France, and Ireland. This week I have onely to acquaint you with that Lieutenant General Middleton, and Col. &illegible; of the late &illegible; Army, were in this Town prisoners; and &illegible; &illegible; given upon &illegible; as they &illegible; Gentlemen and Souldiers, to go into Scotland, and to &illegible; by a certain time, they &illegible; &illegible; &illegible; &illegible; being expired) to deliver themselves prisoners. By this, you may perceive the &illegible; of a Scotchman. Here is a Gentlewoman within few &illegible; of us, lately delivered of a &illegible; like a Colt. The Scots are for certain very active, have sent Commissioners to invite the Prince into Scotland; they are now raising every fourth man in Scotland, and have appointed a Committee to nominate the Officers of this new Army; &illegible; designe lies in Ireland, send but over speedily a considerable force into Ireland, and &illegible; the Scots conjunction with the Rebels, and for all this vapor, never fear their march into this Nation.

Pontefract Feb. 17. On Thursday last one Mr. George Beaumont, &illegible; of South-Kirby, near Pontefract, a very subtill and notorious enemy to the peace and good of this Nation, being charged before a Councell of war here, for being one of the &illegible; with &illegible; of that cruell and treacherous design, for the surprisall of Pontefract Castle, and for being an active instrument in advancing, fomenting, and continuing another war in the Kingdom, not only by that design, but also by practising and entertaining private intelligence with the said &illegible; &illegible; &illegible; and other enemies within the said Castle, lately, and since the surprize thereof, by Cyphers, and otherwise, contrary to the Articles of war, and other high crimes and misdemeanors: by means whereof many wel-affected people, and others have been cruelly slain and murthered, many houses plundered and wel-affected families undone, and this whole County (besides divers other Counties) reduced to &illegible; charges, great troubles and miseries: At first he pleaded ignorance both &illegible; & &illegible; but proofs being &illegible; he at last confess the fact (though no more then was proved) and pleaded pitty; &illegible; upon the whole matter taking into consideration the great danger of more troubles being raised here, by those means, for the relief of this Castle, the much innocent blood that hath been already spilt, crying for vengeance and Iustice to be done upon such notorious designers; The necessity of making some speedy example, in regard he was found so clearly, and highly guilty, and the providence of God so clearly pointing &illegible; this notorious guilty Priest. He was (nemine &illegible;) condemned to be hanged, and was accordingly executed yesterday on a &illegible; in Pontefract, in view of his friends in the Castle.

This &illegible; being promised his life, upon discovering the Key of the Cypher, yet he chose rather to be hanged, then discover it; so that it appears (and he did not deny it upon examination) that he was sworn or engaged to &illegible; both for persons and things; that the matter contained in those secret Notes, are of great concernment, if they could possibly be unlockt; but it is more then probably supposed, that there are some private &illegible; for more troubles; and its somewhat clear, that they import relief thereby. There have been four or five of these Cypherial Notes discovered and intercepted, but no Key found out, so that they are not understood. More Cyphers are discovered by the enemies &illegible; lately come forth upon a Message, discovering another dangerous Priest.

&illegible; the Priest, a most notorious Rogue, and Scout &illegible; for the Castle, was taken buying Hogs at &illegible; for relief of the &illegible; as ’tis thought. Many &illegible; of relief, but I hope the course when will be effectual to prevent all private attempts, or underhand workings.

Six or eight of our men were slain the last week by a desperate &illegible; from the Castle and about fourteen &illegible; prisoners; the principal. &illegible; who was sent from London slain, and another &illegible; &illegible; &illegible; quite off. As for the Castle, it is ours when we &illegible; to accept of it upon fair quarter, which we are not yet induced to grant, &illegible; rather put Justice in execution here, as you have lately done in the South.

York. Feb. 17. Sir, I doubt not but you will bear of the execution of Mr. &illegible; (a &illegible;) at Pontefract Leaguer; and though he was a very Knave, yet there are as &illegible; Knaves &illegible; he left in the Pack, not onely of the Episcopal, but also of the Presbyterian Clergy, who endevor all that possibly they can, to put the Kingdom in another &illegible; and till all the corrupt Lawyers and covetous Clergy be served in the same kind, never expect good Laws or Doctrine in the Nation. I doubt not but Justice will be done upon &illegible; in the &illegible; as well as in the South; for as I apprehend the business, we &illegible; &illegible; a settlement; but ’tis in vain, till Justice and Judgment he executed. We observe here Delinquents will never be quiet, while countenanced by impunity; but &illegible; them once know, we are in earnest, then its very probable they will not dare to meddle. And since that threats without stripes will not serve them, let them have stripes without threats to destroy them. If you let &illegible; and Capel go free, and not headless, we will never march out of the North, to lay close siege to Colchester, to make the Rogues yield to mercy any more; but let them go without heads, and be sure all the &illegible; Cavaliers of the Kingdom will go without hearts: And be sure, let Hamilton pay his reckoning in England, and not go Scot free for all the precious lives lost at Preston.

Westminster the 19. The Parliament this day spent much time in reading and &illegible; of a Letter from his Highnesse, the P. Elector, shewing the ground of his return into his own Countrey, returning his humble thanks for their constant and honourable favour to him, desiring the continuance of his &illegible; of &illegible; l. per annum, and pay of the 6500 l. Arrears thereof due unto him, with the Passe of the House for himself, his Attendants, and 40 horses: The House hereupon Debated, and the result thereof was. That the Arrears of 6500 l. due unto him upon his Sallary should be forthwith paid him out of the Revenue: That Mr. Speaker should grant his pass to his Highnesse the Prince Elector for himself and Attendants, the names of all which he is to present to the Speaker, and engage that &illegible; go over with him but his own Attendants, and for forty horses and Geldings to be transported with him. As for the principall &illegible; (the continuance of his Stipend) I hear it was left out, till another opportunity give occasion to insert the same. A Report was made by Lieutenant General Crumwel, Chairman of the Committee of Estates, that according to the Order of that House, nineteen Members of the said. Committee had subscribed for approving of the Kings Execution, and the Lords election, but that 22 of the said Committee had refused, whereof all the Lords were part; not but that they confest (except one) the Commons assembled in Parliament to be the supream power of the Nation, or that they would not live and dy with them to what they should do for the future, but could not confirm what they had done in relation to the King and Lords.

The house had much debate whether this report should be committed, and it was resolved in the affirmative, so that the further consideration hereof is to be resumed to morrow. They voted the Letters sent this day by severall &illegible; with printed Proclamations therein, directed to severall Sheriffs, to proclaim Prince Charls King, &c. should be referred to the high court of Justice. Letters this day came, desiring monies for paying off most of Sir &illegible; &illegible; forces. The house being informed that the Delinquents of Kent, if they had paid any reasonable Composition for their Delinquencies, would have more then paid of those forces, but that too much partiality hath been used therein; the house referred &illegible; whole businesse to a Committee for examination thereof, what the souldiers are in &illegible; how many Delinquents were to compound in that County, and what partiality hath been used therein. The Earl of Cambridge was this day brought to the &illegible; no Councell on other side pleaded, but witnesses examined on both sides, to prove that he had, or had &illegible; Articles before a prisoner, and the businesse to be heard again to morrow.

London, Printed for R. W.

&illegible; G. M.

The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.

WIsdom shines in the midst of Anger, and Treachery &illegible; the end of Conquest: &illegible; policy including both, makes them subject to for did slavery. If this &illegible; Wisdom cannot stand, Treachery &illegible; by &illegible; &illegible; and if Humane policy be not yet satisfied with the cup of Fury, let her be drunk with the diegs of God &illegible; displeasure. To take down Episcopacy, and erect &illegible; is equal folly: And to pull down one Idol, and set up another, is equal Popery. Shall a &illegible; &illegible; &illegible; be again capable of that great trust, to sit at Holm, and the &illegible; not guilty of their ensuing misery? or can the Master and Commanders of the ship be elected herein, without breach of fidelity? Was it the Kingly office, or matter of fact, that rock off Charls Stuart? If upon the former, unjust; the &illegible; lawful. But to the Question indeed. How came it, that the House of Peers became burthensome, and useless, and dissolved? Was &illegible; &illegible; Peers &illegible; or &illegible; for passing the Ordinance, to raise Forces in City and Suburbs under Massey; to man the Line, and oppose, fight with, kill, and slay this Army? For taking off the Votes of the Non Addresses; &illegible; Personal Treaty &illegible; the late King, after twice conquered, and when he had nothing to treat for; and likewise declaring the Kings Concessions a sufficient ground of settlement? Answer. If the House of Peers had not been guilty of the same offences, &illegible; many of the Members of the House of Commons (for which they were elected) they had doubtless be &illegible; yet &illegible; That being equally guilty herein, It was equally just, in dissolving &illegible; &illegible; is including the other. That being equally dissolved and excluded, for the same offences. Why should the Lords, not onely have the freedom to be elected Members of Parliament, during this Session, but likewise be capable of that right, to be chosen of the Committee of Estates (as great, if not a greater trust then the formes) though guilty of the same and higher offences then the other? Who are not capable of either, except one, which was to be secluded, but was not, and readmitted upon favor.

The Laws of this Land hold out an equal right and common Interest to all; but why (in prosecution thereof) we should not yet have the same maintained, as well against the Lords, as Commoners, (though against the late King held forth, and declared, That the Law admits of no respect of persons,) I am unsatisfied. As the Law is mine Inheritance, so does it maintain mine Interest; and if it respect no persons, that Law is to be dissolved, before any persons can be respected, Lords or others, above Commoners, (being guilty of the same offences.)

Quere 1. Whether any of the Members of the House of Lords (which upon matter of Fact was abolished, as the Bishops, and are no essential part of the supream Authority of the Nation) ought to be intrested with the Lives and Estates of the people (by whom their power fell, and whom they take for their greatest enemies therein) especially having Voted a Personal Treaty with the late King, and approved his Concessions to be a ground of settlement; denyed to joyn in the Ordinance for constituting a High Court for tryal of him, and after justice justly executed upon him, deny to approve thereof, as lawful, (and by consequence, leaves the guilt thereof upon the supream Authority, as illegal) or the dissolving of the House of Peers; leaving the same blemish upon them for that, at the former, or are capable (upon those grounds) of such great Trusts, either to sit in Parliament, or Committee of Estates, as Representatives of the Commons, though they will not confess themselves Commoners (and so long enemies to equal freedom, and common justice?).

Quere 2. Whether those Members that were enemies, or &illegible; to the taking off the Kings head, and abolishing the House of Lords, and have since declared their disapproval of both, or either (the &illegible; and Settlement intended depending upon both) are, or ought to be capable of sitting in Parliament, or Committee of Estates, till they approve, as well of one, as the other?

Quere 3. That if such Members so guilty, and dissenting, shall notwithstanding be still continued in both: what benefit, safety, or freedom can the honest people of England, who have stood by the Parliament with hazard of Lives, Estates, and Fortunes, both in the Kings execution, and the Lords dissolution, expect, or hope, either from P —— or Committee of Estates, twenty one in fourty being so guilty, or such dissenters, as aforesaid.

There is a Petition again on foot in the Army, in further prosecution of their just desires, which take here.

To the supream intrusted Authority of this Nation, the Commons assembled in PARLIAMENT.

The humble Petition of divers of the wel-affected Officers and souldiers of the Army, under the Command of his Excellency. Thomas Lord Fairfax.

VVE having seriously weighed and considered the late Votes of this House, in which the people are declared to be the supream Power, and from whom all Just Authority is derived: The consideration of which hath imboldened us to make known and discover our own, and the Kingdoms grievances; which cry aloud for Iustice to be speedily and impartially executed: without which we cannot chuse but look upon our selves as a dying and ruinated people: All which we apprehend is comming upon us like a Deluge, unlesse God be pleased to appear for us, inraising up of your Honors to stand for us in the Answering of these our Just desires.

1. To make and establish such wholesom Laws (in our native language) as may preserve the interest and liberties of this common wealth.

2. That all Tyrbes may be &illegible; ever speedily abolished, &illegible; &illegible; &illegible; &illegible; come in the place thereof.

3. That no punishment be inflicted upon any person for the &illegible; of &illegible; &illegible; in matters of Religion, it being destructive to the Freedom of the Common-wealth. And that all such as are now in custody for such &illegible; &illegible; &illegible; be set at liberty, and reparation given them for their unjust imprisonment.

4. That all Committee men, Excise men, and all other persons whatsoever, that have had to deal in the publike Treasury of the Nation may speedily be called to an account for all monies received by them; and for the time to come the &illegible; burthen of Excise may be whally taken away from this Common-wealth.

5. That all persons, of what condition or quality soever, may have iust, and equal Administration of Law, according to the nature of their Actions.

6. That a speedy course be taken for the enlargement of all persons that are imprisoned for debt, and have not wherewithall to satisfie their Creditors: And a course also taken, for the making such persons pay their debts (being able) that shelter themselves in a prison, on purpose to defraud their Creditors; by which means many honest people are brought to ruine.

7. That all persons whatsoever that are now in prison for pretended words or forgeries, may be brought to a speedy trial, and chose whose innocencie shall appear, reparation may be given them for their false imprisonment.

8. That speedy provision may be made for the continual supply of the necessities of the poor of this Nation; whose miseries cry aloud in our ears for redresse.

9. That constant pay may be provided to supply the necessities of the Army; that the souldiery may be enabled to discharge their quarters, and for the future, prevent that which hath been so much complained of, (viz.) Free-quarter.

10. That all the arrears of the Army, and the rest of the souldiery of the Nation, (who have been in actual service for the Parliament and continued faithfull therein) may be audited; and a course taken for the speedy payment of them, out of the revenues of the Crown, Deans, and Chapeers Lands.

11. That whereas several souldiers of the Army; by their tedious and hard service last summer, and since they came to London, have lost and spoiled many of their horses, and by reason of the smalnesse of their pay, are not able to furnish themselves with any more: course may be taken for a speedy supply of our wants, that we may be enabled to perform that service which is expected from us.

12. That whereas we, with many other of the Common wealth have been much abused with Clipt money, therefore we desire some course may be &illegible; for the speedy prevention thereof.

13. That the articles of war now may be renewed and mitigated, as being too severe and tyrannous for any Army of free born Englishmen, and that Martial Law may not be so frequently exercised in such a cruel maner.

14. That the souldiers may not be put upon the execution of civil Orders, or Ordinances, as seising upon unlicensed books, or Printing Presses, or in distraining for moneys, or the like; until (in those cases) the Civil Authority hath been &illegible; resisted; that so the people may have no cause to complain (as they do) of our &illegible; upon their liberties.

An Act for further inabling and authorizing Iustices of Peace, Sheriffs, and other Ministers of Justice therein named, to act and proceed in the execution of their Offices and Duties, untill their severall Commissions shall come unto them.

FOr the avoiding of all doubts and questions, that shall, or may arise touching Commissions of the Peace, and other Commissions, and concerning Letters Patents, or Commissions to Sheriffs, or other Officers, or Minister of Justice. Be it declared and Enacted by the Authority of this present Parliament, That all such person and persons as were Justices of the Peace at the time of the death of the late King Charls, in any Counties, Cities, Precincts, Liberties, or places in England, the Dominion of Wales, or Town of Berwick upon Tweed, by force and vertue of any Commissions, under the great Seal of England, and had by such Commissions power and authority to enquire of, hear, or determine Felonies, Trespasses, and other offences, and do other things in the same Commissions more at large expressed: And all such person and persons, that at the time of the death of the said late K. by force of any Commissions, or Letters Patents under the great Seal of England, were Sheriffs of several Counties, Precincts, and places in England, the Dominion of Wales, and Town of Berwick upon Tweed, shall by force hereof, and by authority of this present Parliament stand, and be, and shall be adjudged, and taken to stand, and be full and perfect Justices of the Peace, Iustices of Oyer and Terminer, and Sheriffs respectively, of and in their, and every of their several respective Counties, Cities, Precincts, Limits, Jurisdictions, and plates respectively, from, and immediately after the death of the said late King, and shall so continue and be, untill there shall be new Commissions, and Letters Patents, or Commissions under the great Seal of England, for the constituting of the Iustices of the Peace, and Oyer and Terminer, and of such sheriffs of, and in the said severall Counties, places, and precincts respectively, made, and duely published according to the present Government: And that they, and every of them, for, and during the time aforesaid, shall likewise be adjudged and taken lawfully to have, and shall and may lawfully have use, exercise, and enjoy all and every the Jurisdictions, powers, and authorities whatsoever, which by the Laws and Statutes, Justices of Peace, Oyer and Terminer, or Sheriffs respectively, might lawfully use, exercise, or enjoy. And be it further enacted by the Authority aforesaid, that the said respective Sheriffs shall have full power and authority, and are hereby enioyned to execute and make return, according to usuall course of all Writs which issued out in the life time of the late King, and were returnable after his death. And be it further enacted by the Authority aforesaid, That all and every Act, returne of any Writs, or other thing whatsoever, had, made, done, used or exercised, or to be had, made, done, used or exercised, during the time aforesaid, by the said Justices and Sheriffs respectively, or by any other Officers or Ministers, or other person or persons whatsoever, by Command, or Authority, by, or derived from, by, or under them respectively, shall be as good and effectual in Law, to all intents and purposes, as the same should have been, if the same had been made, done, used, or exercised by them in the life time of the said King, although no Oath hath, or shall be taken by such Iustices, Sheriffs, their under Sheriffs, or other Ministers, any Law, Custom, or Usage to the contrary in any wise notwithstanding.

Die Sabbathi, 17 Februarii, 1648.

ORdered by the Commons assembled in Parliament, that this Act be forthwith Printed and Published.

Hen. Scobel, Cleric. Parliaments.

Febr. 20. The Commons approve of four Merchants Ships to go out with the Fleet, under their own Commanders. They Vote a security for advance of 3000 l. for the sick Souldiers. Referred it to a Committee to make sale of the Crown, Jewels, Hangings, and other Goods of the late King.

Feb. 21. They Ordered the Earl of VVarwick his Commission, as Lord Admiral, to be called in And high time for so doing. And Ordered an Act to be brought in, for constituting Col. &illegible; Col. Blake, and Col. Popham, Commissioners of the Navy, and Cinqte Ports, Letters to the several &illegible; &illegible; &illegible; &illegible; &illegible; payment of the Excise, which the people will not longer &illegible; in &illegible; &illegible; A Writ Ordered to be Issued, for Election of a Knight of the &illegible; &illegible; &illegible; in the place of Sir Francis Pilt, late deceased. Earl of &illegible; is thought will carry &illegible; Faces about, and as we were. An Act past for setling the &illegible; of &illegible;

The High Court of Iustice sate this day in Westminster Hall, the Lord &illegible; being brought to the Bar, an order of the Court was read unto him. That he had liberty to make what defence he could for himself, but gave him no more time, And then the Court would proceed to Iudgement, either to condemn, or acquit him. He pleaded (the Articles at Colchester) free quarter granted him. That the sword frees him from any civil power, That English have had the benefit in &illegible; That for his breaking out of Prison, divers that were in Colchester did so, that have since compounded. That breaking prison was by Law but Felony, and to have the benefit of the Clergy. The case of &illegible; was &illegible; by the Councel against him. That though David had sworn to him, by the Lord, saying, I will not put &illegible; to death with the sword, 1 Kings, 1. 8. yet afterwards, when &illegible; broke away from his confinment at Ierusalem, and went to Gath to Acish to seek his Servants, ver. 40. King Solemon (his son) Commanded Benejah, who went out and sell upon him, and &illegible; him to death, verse 46.

He moved the Court, That if he must be Tried by a civill power, it might be either by Bill, and so per pares, or else by Common law, by a &illegible; And alleadged The Act of the House of Commons for maintaining the Laws of the Land. Alleadged Magna Charta, the Petition of Right, An Act made in favor of those who assisted K. H. 7. And Alleadged the Presidents of the L. Strafford, and B. Canterbury, And that what he did, was by Commission from the King, then in being. Put the Court told him, that he might make his plea for himself as well as he could, and asked if he had any thing else to say, minding him of the Order of the Court for proceeding to judgement after this day. And gave him an houres time to withdraw.

Then the Earl of Cambridge was brought to the Bar, divers witnesses came in against him, who alleadged severall things as to proof, concerning his naturalizing in England, as for the time of his birth. And also as to the &illegible; &illegible; &illegible; one said he heard one of the Commissioners that &illegible; say, that Duke &illegible; was to be at the judgement of the Parliament, not withstanding the Articles; others said, that he sent for a Guard during the treaty, to be preserved from the violence of the Souldiers, and looking out at a window, desired them to be civil, saying, he was at their mercy; others, concerning the time of the articles, &c. When the Lord Capel was again called for, and brought to the Bar, He gave the Court &illegible; for their patience, and that they had given him leave to withdraw, and be private for an houre, but had nothing more to trouble them with.

Feb. 22. They referred it to the Councel of State for preserving the Library, Statues, and Meddals at St. Jamses; and for preserving &illegible; in the Kingdom for the service of the Navy.

Duke Hamilton this day brought in his witnesses to the High Court of Justice, who speak much as to the Articles of mercy in his behalf.

The Humble Petition of the Clergy, Nobility, Gently, and the Commons within the Province of the Isle of France, together with the City of Paris, Sheweth.

THat being very certain of the good consent and &illegible; of the three Provinces; and several Counties within this Kingdom, and chiefly of all the great Cities and Towns, being well assured of their good wils and intentions, as well by word, as also in writing, and by the Conjunction of their interest; which is thus, I hat since the death of Lewis the 13. of happy memory, although the Princes, Nobles, and Officers of State, well remembring the great injuries, and intollerable evils which they have endured, as also the whole Kingdom, and that by those that had assumed the Regal authority under the name of the chief Ministers of State, did openly protest, That for the time to come, they would not suffer that a particular man should be so lifted up, as to go even beyond the Kings power, to the great oppression of the whole countrey, nevertheless by their great indulgency, it hath hapned, that a stranger, named &illegible; Mazarini, is attained to that great place, being not raised thereunto, either by Birth, Education, Merit, or any other good service to this State, seeing it is well known he is originally descended of &illegible; and so a natural subject to the King of Spain, his birth being very mean and low, and he being a serving man in his youth in several places in Rome, where having spent that time, even in the most loose kinde of life, as is used in that countrey, and having by his wiles insinuated himself into the favour of some eminent person, who bare the greatest sway in the Government, was by them promoted, to make use of him for their own private Interests, that so he might be an instrument powerfull, and as a spy, to further their wicked designs, and so is become very powerful upon the heart and Councel of the Queen Regent, keeping low all the Nobles in the Kingdom, there being no other authority at Court powerful but his own, and in all State affairs handled as well within as without the Realm to the great scandal of the Royal family and the whole Kingdom, as also to the open derition of other Nations; besides, that for six years past, he hath more prejudiced, wasted, and spoiled the Realm then an open enemy could have done, although he had come with open forces, and in a conquering way; for he hath put out of favor, banished, and imprisoned without a cause, or any form of Iustice, the Princes Officers of the Crown, and Members of Parliament, besides the Nobles, and those that were the Kings and Princes best subjects, and servants most faithfull; hath poysoned some, and among those, is the President Battalion, being counted to be well-affected for the Kings service, and the good of the State, he hath none for his Domestique servants, or familiar acquaintance, but such as are extreamly wicked, men of no reputation, and faithlesse, Traitors, Oppressors, and having no Religion, but being very Athelists. He hath assumed the place of being the Kings Governor, that so he may be brought up according to his own minde, and so hinder his Majesty to have the knowledg of those things fit for a King to understand, that so he may have still the Lordship over him, and keep him adverse unto the honest party, viz. against his Parliaments and good Cities, left at some time they come neer his Majestie, and represent unto him the sad conditions wherein he intends to bring them: he hath corrupted whatsoever remained of faith and sincerity at Court, and that by cunning dealing, perfidiousnesse, and like cheating hath by his example brought in unlawfull games and revelling at Court, which hath been the undoing of many great families; hath favored unchast living, and rapes, there being more examples thereof since his time, then in an hundred years before; hath put men of good worth out of their places, without heating them, and putting in those very unfit and il deserving, that so they might become his creatures, and be at his own command; hath violated, and kindred the course of justice, so that none can be had against those that have any relation unto him, stopping the proceeding begun against many, indited for hainous Crimes, breaking and anulling daily the Sentences and Orders from the sovereign Courts, by removing the Cause, and getting Orders from the Councel-Board; and which is worse then that, he hath robbed, and wasted all the moneys of the Exchequer, and by that means reduced his Maiesty to extream want, and his Subiects in a condition worse then death it self; for he hath not onely wasted all the Treasury, which upon good accounts amounts unto five or six millions of pounds sterling, but besides, he hath consumed three years of those revenues, thereby to bring a confusion, and have all the accounts out of order: he doth authorize, augment, and increase the number of that cursed crew of Patentees, which for the most part come from Saquays and Grooms, take upon them an insolent power over the whole Kingdom, have brought the Taxes in the form of a Monopolie, who by means of their companies of free-locks, who are no better then so many Devils incarnated, hath created a vast number of Officers of all sorts, and daily raised imposts not possible to be born; and to finish, and bring to passe their wicked designes and purpose, they used all manner of cruelties and tortures, which was able to draw the marrow out of the bones of the unhappy French, who wished often to forsake all they had, provided they might have been quit and free of their burdens, although they did eat grasse for their food like bruit beasts, there being at one time in the several Counties of this Kingdom, 23000 prisoners for not having collected those Taxes and Impositions, whereof five thousand died in great want and misery in the year 1646. as it appeareth by Registers and Books of the Keepers of several prisons; yet for all this, although it is evident, that he hath consumed above an hundred, or an hundred and twenty millions of liures, as it may easily be proved, by an account drawn of those monies proceeding from the Taxes, Customs, Imposts, Patents, Court of wards, and other wayes to bring in moneys, he hath paid neither the Army nor the pensions, although he produceth great sums of moneys, by him paid, the better to have a cloak to cover his Theevery: Neither hath he furnished the Frontier places with such necessaries as they ought to have been, leaving them unprovided of Men and AMMUNITIONS, neither supplied the great want of the Navy, and the Artilletie, there being due at this present, above 4 yeares pay unto them both: hath &illegible; rewarded in the least manner, the men of worth and vallour, neither given any recompence unto those who have freely ventured their lives and estates for the good of the Country; but on the contrary, he hath caused to perish with hunger, and misery, almost all the Kings Armies, which in five yeares space have received but two months pay every year, and by these means above 120000, men have perished through extreame want, and suffering, they being in a strange Country: so that it is certain, and it may be proved by good witnesses, that he hath devided these great sums of monies with those that he hath authorized, and advanced himself, having swallowed up the greatest part, which he hath transported out of the Kingdom, aswell by bills of exchange, as In &illegible; and Jewels, and that under colour to maintaine a war in Italie, and to conquer some places, as &illegible; Portolongone, &c. And albeit the world knowes full well that he hath left those garrisons in a sad condition, there being due to them at this present 8 moneths pay, and moreover, he hath not given order for repairing the said fortifications, so that those places are not able to hold out long against any on set of the enemy; besides all this, to seek a pretence for the continuation of the Ware, by Sea and Land, and all under one. In his theevory and robbery, he hath put off the concluding of the peace, when it might have been made in a most advantageous way for this Kingdom; and all our Armies being victorious, and upon the point to perform some great action, through his great malice, hath broken, and turned aside all their brave &illegible; making no conscience to ruinate and undo those Armies, and to expose to &illegible; danger, the Princes that did command them; as it may appear in &illegible; &illegible; siege of &illegible; twice, at the surprizing of &illegible; by the enemy, and the &illegible; of Naples, which he hath suffered to perish, and come to nought; not without a strong suspition, that he held intelligence with the States Enemies, that so he may finde refuge with them, when that the Kingdom shall be weary of his tyrannies. All this being considered and that he is a stranger, and born in the Dominions of the Spanish King, and therefore incapable to bear any office in this Kingdom, according to the Laws of the Land, the Kings several Proclamations, who have often banished the Italians, and by that authentical Statute made in the yeer 1617. which happened presently after the death of the Marshal d’Anere. You will be pleased therefore: make your Addresses to the Queen Regent, concerning the great &illegible; that the said &illegible; hath brought upon the Kingdom, and will also for the time to come, in case he remains any longer in the Realm, in this illegal and violent Domination, as also to shew and remonstrate to the Princes of the blood, the hard captivity the Ministers of State have brought them, and all the Subjects of the Kingdom to, for so long time; the many dangers they have incurred at several times, through their malice, to set before their eyes the reproaches which will &illegible; to posterity: how they have been over seen, and not to suffer for the future, that the King or the Royal Family be kept by a stranger in a perpetual bondage: Therefore that His Majesty, and the Princes, to prevent the inevitable dangers which may ensue unless it be speedily remedied, and that in causing the said &illegible; to be &illegible; and to call him to an accompt for those moneys he hath consumed, and &illegible; and so inflict upon him some exemplary punishment, according to his &illegible; and deserts, for those high crimes he is guilty of; and that this Kingdom, the King, Princes, and the people, fall not in the like slavery for the time to come: that the Princes may be pleased to take the pains (as being children of the house, and their own interest being joyned with that of the State) seeing that the favorites are always of a contrary disposition; they will therefore manage the publike business themselves, and no more suffer the favorites to bear the chief rule, seeing they have always betrayed and sold their interest; that they would be pleased therefore, to take the Government into their hands, and so rule with the advice of the Lords, and others of known integrity, and experience; and not any more suffer to come into the Counsel, any persons that are base, corrupted, and such as the said &illegible; hath now introduced: That so having cut off all the Impost, and other &illegible; of Tyranny, and finde a present remedy to those many disorders derived from thence, they may be able to govern the Kingdom according to God, and the Kingdoms Laws, conclude a happy peace, that so the people, who are now gasping, may be able to breathe; and finally to make this Nation so mighty and happy, within and without, that they may neither fear the oppression of wicked Counsellors within, nor invasions from forrain enemies. The said Petitioners, together with all other true Frenchmen, do protest and declare, that being as yet (thanks be to God) very numerous, That without a speedy remedy be sought, and given according to the present necessity, they will bestow, and lay out, if need be, their lives and fortune, for to finde a sudden redress; and will use all the means which nature and their duty teaches them, for the defence of their King, their Countrey, their Liberty, and their Lives.

Resolved by the Commons assembled in Parliament, That Mr. Iohn Holland, Surveyor, and one of the Commissioners for the Service of the Navy, he allowed &illegible; &illegible; &illegible; for his salary: that The Sub, and P. Pit, and Mr. W. &illegible; three of the Commissioners for the service of the Navy, shall be allowed 250 l. per annum to either of them respectively, for their respective Salaries. That 100 li. per annum be allowed to their Clerks, that all other Fees and Perquisers belonging to Surveyors, Commissioners, and their Clerks, or either, and every of them be from henceforth absolutely taken away, and shall not be received by them, or any of them. That the Committee of the Navy do give power to the said Iohn Holland, Tho. Smith P. Pit, and Mr. W. &illegible; Commissioner, for the service of the Navy, and their Clerks forthwith to Act accordingly, and that a Bill be brought into that purpose. And that it be referred to the Councel of &illegible; to consider of, and report to the Parliament some reasonable increase of the Sallaries to Officers in the &illegible; whereby they may be enabled to maintain themselves in the service without abuse to the &illegible; to be allowed upon the return of their ships to Harbor, and delivering up their respective charges to such Officers as shall be found faithfully to have discharged their respective places without abuse to the State, and wilfull &illegible; of the stores or goods, committed to them respectively, or otherwise, and to such only and the said Councel are also to prepare and represent to the Parliament sitting Laws or Rules, with penalties for preventing any such abuse or &illegible;

Feb. 22. An Act ordered to be ingrossed, enabling the Commoners of London, to call a Common-Councel, if the Lord Mayor, and Aldermen refuse. This Charter the greatest of the Kingdom, being dissolved hereby, why should all other Charters in general, which though they may hold forth something of ancient right, yet essentially are illegal, because ground by &illegible; who &illegible; had any right or power, but the sword to give them. The Ordinance for sale of Dean and Chapters Lands, read the second time and committed. Pray let not so many Members and Committee-men be purchasers, as in the sale of Bishops (though in others names,) The value of these Lands amount to neer four Millions, as already compared; which if advanced, what need have we of Excise, Free-quarter, or other burthen, or Assessment? Will not four Millions maintain the two Armies in England and Ireland three yeers compleat with all &illegible; charges? and will not eighteen moneths (in all probability, with Gods &illegible; &illegible;) settle both, and end the work, unless you make more by the Teste for the Councel of State, which was reported; and though the House Ordered upon the former Report, That they should subscribe, by way of approbation, to what the Commons had done in a bolishing the House of &illegible; and executing the King, yet upon this second Report, it was confirmed by the House, without subscribing to either, though the major part of the said Committee of &illegible; did refuse, and still do, to justifie the supream Authority in these highest transactions, but hopes to enjoy the benefit of both, in being upon this score thus accepted.

This day the High Court sate, and the Earl of Cambridge was brought before them, about forty Members of the &illegible; present, the Earl was first to make his defence concerning the Articles at Uroxeter, he first produced Mr. &illegible; as a witnesse to declare his know &illegible; the rendring himself prisoner to the Lord Gray. Then the Earl desired Lieut. Col. &illegible; Major &illegible; and Major Williams Hamilton might be sworn, but it could not be admitted, by reason they were &illegible; &illegible; and Officers under him, only &illegible; Court heard them &illegible; concerning the Articles, delivery of &illegible; &c. &illegible; them Captain Spencer of Colonel &illegible; Regiment was sworn, who made an exact Narative between the Earl and Maior &illegible; Lambert. The Earl pleaded, that &illegible; to his taking the Negative Oath, he had not broken it, for he had not engaged against the Parliament, but for the ends in the Parliament of Scotlands Declaration, &illegible; his Councel moved they might meet the Councel for the Common wealth about stating the Case, but it was denied, in regard no such thing could be made in matters of treason, but they might only declare their opinions in matters of Law: The Earl desired; in regard the particulars against him were long, he might have farther time granted to make his defence, which was agreed to provided he speak before his counsel were heard in matter of Law, and the day assigned Saturday 10 of the clock.

Feb. 23. They Vote all Delinquents in South wales to be discharged of &illegible; that are not worth eight pound I and per annum or 100 l. personal estate. And why should these Delinquents be capable of more favor, then the rest in the Kingdom? If we all live under one Law, let us have one Law to hold out equal right, and favor to all. They refer the grand Delinquents of those Counties to composition, as the rest of the Kingdom. This is just. They Vote all Members that have not appeared in the House, since the 31 of December last, shall be secluded till further Order. This is a hard case, if they have the leave of the House to be absent (as many of them have) without limitation of time: or if there have been no call of the House since, to require their attendance. But is not then the case &illegible; indeed, when those Members that were present, and appointed Commissioners for tryal of the late King, refused to attend that service, and others likewise, to be named in the Commission; and though not appearing therein, or abolishing the House of Peers, and their approbation the &illegible; But now desired by the supream Authority they absolutely refuse to give the same; and yet these Members must not only be still continued in the House, but admitted in the great Councel of Estates, and that in such number, as to be the major part thereof. And being impowred to raise and command the Militia, and other Forces of the Kingdom, set forth what Navy they please, and act all this, and much more, under an Oath of Secrefie. And can it be conceived that all the well-affected in the several Counties of the Kingdom, and all the honest souldiery of the Army, and Garrisons, who particularly declared and petitioned for Justice against the late King, will be satisfied with this grand Councel, with such unlimited power, and secret Oaths, for carrying on all designes that lie in their brests, when as the major part thereof will not approve of what the supream power hath done, in taking off the late Tyrants head, or abolishing the late useless and dangerous House of Peers? Can it be expected, that ever they will trust their lives, Estates, and their Alls in such hands? And is it not much to be feared, That the honest party of the Kingdom, who have not yet &illegible; the &illegible; to &illegible; will ever submit to worship that Idol? They Ordered to sit but &illegible; Wednesday, and Friday, in every week. &illegible; &illegible; &illegible; &illegible; They Order a Committee to being all publike Receipts of the Kingdom into one This, when settled, will save eight hundred thousand pounds a yeer to the State which is now paid &illegible; to unnecessary Officers.

This day his Excellency the &illegible; Fairfax upon several complaints made unto him of the great abuse of taking Free quarter by Souldiers without order; and some pretending themselves to &illegible; Souldiers, but &illegible; not granted this &illegible; Order, or Proclamation, for prevention of the like for the future.

By his Excellency &illegible; Lord General.

WHereas Information is given That several persons, not Souldiers, do pretend themselves to be Souldiers, and produce counterfelt &illegible; and Tickets for Quarter, and take Free-quarter where ever they come, to the great iniury of the Nation, and dishonor of the Army (it being he desire and endevor of the Army that Free quarter might be taken off in all places.) For remedy whereof All souldiers are hereby required not to march from their Colours, and take Free-quarter without a Commission Officer; and the Commission Officer is not to require Freequarter upon any Ticket or pretence whatsoever until he have first shewed his Commission for his place as an Officer in the Army, and given his name, and the names of the Souldiers under his conduct. And if any shall contrary hereunto &illegible; the &illegible; Officers &illegible; &illegible; to &illegible; &illegible; &illegible; &illegible; such &illegible; &illegible; &illegible; as to the &illegible; of their offences shall be thought &illegible; by a Court &illegible;. &illegible; my hand and Seal.

&illegible;

&illegible; Feb. 23.

On the 13 instant, there was a Merchant men with 10 &illegible; and till then, &illegible; &illegible; belonging to Lime, fought all night with two Irish men of War (with &illegible; &illegible; &illegible; &illegible; in them, of the Eastermost point of this Harbor) and sunk the &illegible; &illegible; with in two miles of the shore (after the Irish had left her) by the &illegible; &illegible; received in the fight; the beginning whereof was in the fight of us and we heard them &illegible; it all night: yet here were three of the Frigots in the Harbor, the &illegible; the &illegible; and the &illegible; which lay still and never stirred our; the last of which came in &illegible; the fight begun.

Mount. Feb. 10. We had a ioyful sight this day of Cap. &illegible; our Admiral, &illegible; &illegible; and Cap. Young, with three other stone Parliament ships bound for &illegible; and passing by this place: We hope their number will be soon encreased.

Feb. 24. They are likewise to consider of the sale of all the Crown I ends of the late King, Queen and Prince, Forests &illegible; &c. VVe thank you for it, we now may be &illegible; of our burthens in good time. They Vote for encouragement to &illegible; fourteen pound a peece for every Gun in the Vice Admiral of the Revolted ships, twelve pound for every one in the Rere Admiral, and ten pound a peece for every one in any of the &illegible; provided it be above a Minion.

&illegible; 24. Febr.

SIr,

I doubt not, but the Malignants and other &illegible; persons amongst you, have before this made great brags of the proclaiming &illegible; &illegible; King of Great &illegible; at this City. But to give you the certainty of the maner thereof, and &illegible; &illegible; mis-information, I shall give you a short and full &illegible; thereof. On Wednesday &illegible; &illegible; Mr. &illegible; a disaffected Minister and formerly distracted, and now little better (especially since the late Kings execution) having got a Printed Proclamation sent &illegible; &illegible; to some disaffected persons in this City or County, did openly in the Market place, proclaim &illegible; the second King of Great &illegible; some of Colonel &illegible; his Regiment being &illegible; &illegible; in the City, and &illegible; of it, made pursuite, and inquiry after &illegible; said &illegible; &illegible; could not finde him. The &illegible; Alderman, and &illegible; of the City, &illegible; nothing of it, till proclaimed; and indeed, we cannot finde, any other that did either &illegible; &illegible; countenance the doing hereof: So much we have certified &illegible; to his Excellency by &illegible; expresse.

&illegible; Feb. 24.

We are all quiet in these parts yet, and I doubt not but we shall, prevent the enemies private designes of relieving this Castle. There came last week one of the enemies &illegible; out of the Castle, with a message, and desired he might go home for he had no minde to go in again; An Officer upon the &illegible; where this Drum was put, having been upon &illegible; duty three nights, together fell into a little &illegible; and dreamed this Drum &illegible; some &illegible; Letters about him; the Drum was frighted to at some &illegible; and upon &illegible; we &illegible; a very little piece of paper in his &illegible; &illegible; close written in Cyphers, sealed and directed [For Mr. Clark,] by whom upon examination, was &illegible; &illegible; Mr. &illegible; &illegible; &illegible; late of Rothwell, a most &illegible; us enemy, and Considerate with &illegible; this &illegible; &illegible; delivered by Sir Iohn &illegible; to the &illegible; with &illegible; to carry &illegible; the said &illegible; at &illegible; Iohn &illegible; house at Nostal Hal to be communicated to the Lady &illegible; at &illegible; Pannel but they having notice of the &illegible; discovery, by some &illegible; &illegible; in the Town, refused to town &illegible; but &illegible; (though not the right Key) is apprehended, and the &illegible; &illegible; &illegible; There was also found in the sole of the Drummers shot, &illegible; &illegible; &illegible; to be delivered as before; they agreed upon a &illegible; how to know that &illegible; &illegible; delivered those Notes to Mr. &illegible; viz. That he should come &illegible; &illegible; &illegible; upon, within &illegible; and view of the Castle, and there wash &illegible; &illegible; &illegible; &illegible; upon the &illegible; after, about two a Clock in the afternoon under a badge corner, and by that they &illegible; know it was delivered; and that he should know they did take notice of it, they would &illegible; that time fire a piece of Ordnance from the (late) Kings Tower, but the providence of God prevented the Drummer, and so ordered, that at that very time Beaumont was hanged in their view; I perceive his brother Key will be hanged too, before he will discover anything of the businesse, for he saith their Cause is Just, and whatsoever they do in prosecution thereof (though never so evil and wicked) is no sin, and the evil of it ought not to be imputed to them but to those that oppose them.

There is also one Tobias Swinden, another Priest, and notorious enemy, of the confederacy with Beaumont &c. to whom were sent some Cyphers from William Paulden, one of that Tribe, a dangerous enemy, who commanded the Party when Col. Rainsborough was killed, and is lately dead in the Castle, but this Swinden cannot be found.

Westminster. Febr. 26. The high Court sat this day, and three Common, and one Civil Lawyer was heard, as Councel for the Earl of Cambridg. They pleaded first he was no free Denizen, and though his father was naturalized and his heirs, yet he not born in the Kingdom could not receive any benefit thereof by the Law of the Land, no more then a free Denizen of England, whose issue were aliens, who could not be capable of inheriting the state of their Father, though a free Denizen, because aliens; and therefore such Estates are forfeited to the King for want of issue by the Law of this Land. That if he had been a free Denizen, yet it was not prejudicial to him, because he acted by Command and Authority of the parliament of another Nation (and not of himself) who was governed by another distinct Law. 2. He pleaded, that he had Articles granted him of fair quarter, by Maior General Lambert, who had sufficient power to give the same, and was secured in prosecution thereof, by a party of his forces; and that the Lord Grey had no power to interpose and infringe the same. 3. That he was Ordered to be banished by Parliament, paying one hundred thousand pounds for his ransom or Delinquency. The Councel was heard with much patience, and the Councel for the State, is to be heard to morrow in this Cause.

The Scots Commissioners sent this day a Letter to the Parliament, expressing much bitterness and malice as to their late proceedings against the King, calling them in that language, that my pen would blush to mention it. The house was informed that a Copy of what they had sent to the house, was in the Presse, and intended to be speedily published; They therefore voted a short Declaration, to be printed against this day, to undeceive, and take off the edge and rancour thereof from the spirits of the people. And in respect the like presumption had never been made before by any Embassadors, or Commissioners, as this, which they conceived was without Commission from the Parliament of Scotland. They ordered that a guard should be clapt upon the Commissioners of Scotland, till such time as the Parliament of Scotland do give their approbation, or disprovall of what they have done herein, but the Birds were removed, and flown the night before.

A Petition of divers Well affected Officers and souldiers of the Army under the Command of the Lord General Fairfax, was presented this day to the House by some Officers and souldiers of the said Army, desiring to take off Excise, and Tithes, Establish wholesom Laws in our own language, and many other Heads, which I shall not need to mention, &illegible; the Petition it self is printed at large in the second Page of this book. Another large &illegible; called by the name of Addresses of many wel-affected of the City of London was presented to the House and read, consisting of many Heads, for dissolving as they far, the High Court of Iustice, and the Councel of State, putting a period to this Parliament, and many other Heads, which I have not room to mention at this time; both these Petitions were referred to the consideration of a Committee, and the House adiourned &illegible; Wednesday next, when they intend to hear two Fast Sermons at Margrets Westminster.

London, Printed for R.W.


T.288 [1649.01.01] John Goodwin, Right and Might Well mett (1 Jan., 1649)

Editing History

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Bibliographical Information

ID Number

T.288 [1649.01.01] John Goodwin, Right and Might Well mett (1 Jan., 1649).

Editor's Note

Dedication to Fairfax left out in Malcolm edition. Also missing are the Section numbers, marginalia.

Full title

Right and might well met. Or, A briefe and unpartiall enquiry into the late and present proceedings of the Army under the command of His Excellency the Lord Fairfax. Wherein the equity and regularnesse of the said proceedings are demonstratively vindicated upon undeniable principles, as well of reason, as religion. Together with satisfactory answers to all materiall objections against them.

By John Goodwin.

Judge not according to the appearance, but judge righteous judgement, John 7. 24.
He that justifies the wicked, and her that condemneth the just, even they both are abbomination unto the Lord, Prov. 17. 15.

Plus togae lasere Rem-publicam, quam lorleae. Tertul,
Necessitat, quad cogito, executas. Sen.

London, Printed by Matthew Simmons, for Henery Cripps in Popes-head Alley, 1648.

 

 

Estimated date of publication

January 2, 1649.

Thomason Tracts Catalog information

TT1, p. 710; E.536 [28]

Malcolm/Editor’s Introduction

John Goodwin (1594?-1665), a staunch Puritan and an Independent, was one of the most radical of the republican divines. He was not only a frequent contributor to the paper wars on constitutional and religious subjects before and during the civil war but also an instigator of them.

Goodwin was born in Norfolk about 1594 and educated at Queen’s College, Cambridge. In 1633 he was instituted to the vicarage of St. Stephen’s in London where he became a popular preacher. Alderman Isaac Pennington, later lord mayor and member of the Short and Long Parliaments, was one of Goodwin’s parishioners. Goodwin’s combative nature led him into one controversy after another. He helped draft the London clerical petition against Archbishop Laud’s infamous canons of 1640 which had upheld the divine right of kings and proclaimed the unlawfulness of resistance to authority. Goodwin was one of the first clergymen to support the resort to war. Despite his adherence to Parliament, however, his emphasis on a gathered church of followers convinced the parliamentary Committee for Plundered Ministers to eject him from his living in 1645. This action presumably soured Goodwin on some members of Parliament. His ejection did not keep him from his calling; Goodwin managed to continue serving as pastor of his independent congregation, which met in the vicinity of his old church. In 1649 he was finally restored to his living.

Unabashed by tough measures, Goodwin rushed to defend the actions of the New Model Army after its purge of the moderate members of Parliament on 6 December 1648. His astonishing tract, “Right and Might Well Mett,” has been described as the most striking document in the development of the Independent party’s political theory. Its ironic dedication to General Thomas Fairfax, a man who had hoped to preserve constitutional forms, was dated 1 January 1649, the day the Rump Parliament voted to bring Charles I to trial for treason. The first of the tract’s two issues, reprinted here, appeared the following day. In it Goodwin maintains that the New Model Army was a truer representative of the English people than the Parliament it had purged. As the representative of the people the army had acted to save the nation. It was justified, he argued, by “a Law of greater authority, than the Lawes of the Land,” the law of necessity. Goodwin even suggested that many of the laws of God, “thinke it no disparagement . . . to give place to their elder Sister,” the law of necessity.

Not surprisingly this tract provoked a reply within the week. Sir Francis Nethersole, former secretary to the king’s sister, the Electress Elizabeth, had taken no part in the civil war but felt compelled to rebut Goodwin. A second response, this time by a Puritan divine John Geree, appeared on 18 January. By 25 January when Nethersole released a further reply the king’s trial for treason had already begun. Goodwin has been referred to as the first Protestant minister to have approved regicide.

Goodwin continued to publish throughout the Interregnum. He was taken into custody at the time of the Restoration but treated with amazing lenience, merely being banned from holding any public trust. He returned to his London congregation but not to the income from it and died in the plague year of 1665.

 

Text of Pamphlet

That the children of prey, and men lately under hope of dividing the spoile of this miserable Kingdome, when it should be reduced under the iron rod of enslaving tyranny and oppression (betweene which sad condition, and it, there was now but a step) should rise up with passionate outcries, and be ready to curse the Armie and their late proceedings, with bell, booke, and candle, is no matter of wonder, or much observation. But if the body of the people of the Land, or such who have no minde to be gratified with the sorrows or sighings of innocent men, should professe any dissatisfaction, or stand in conscience about the lawfulnesse or justnesse of such their engagements; it would argue, either first, that they alwayes lived not only free from oppression, but from the fear of it also, & so never had occasion to enquire, either upon what grounds, and by what means, oppression imminent may lawfully be prevented, or incumbent, be shaken off and suppressed; or else, in case they have suffered under oppression, that they never saw any visible or probable meanes of deliverance, and so wanted an inviting opportunity to consider, whether these meanes might lawfully be improved in order to such an end, or no. For certainely the grounds and principles upon which the said proceedings of the Army stand cleare and justifiable, are no parables, no darke, or disputable notions, or conceptions, but such, wherein even he that runneth, may read equity and truth; and which have been asserted for such, by grave, learned, and judicious men, who neither lent, nor tooke upon usury; I meane, who were no wayes interested in any such concernment, or case, as that now upon triall.

Though some other things have been of late acted by the Armie, wherein many pretendingly complaine of want of conscience and justice; yet I suppose they have done nothing, either more obnoxious to the clamorous tongues and pens of their adversaries, or more questionable in the judgements and consciences of their friends, than that late garbling of the Parliament, wherein they sifted out much of the drosse and soile of that heap, intending to reduce this body, upon the regular motion whereof, the well-being, indeed, the (civill) life of the whole Kingdome depends, to such members, who had not manifestly turned head upon their trust, nor given the right hand of fellowship to that most barbarous, inhumane, and bloody faction amongst us, who for many yeares last past have with restlesse endeavours procured the deepe trouble, and attempted the absolute enslaving, (which is, being interpreted, the utter undoing) of the Nation. So that if this action of theirs shall approve itselfe, and appear to be regular and conformable to such lawes, and rules of justice, which all considering and disingaged men conclude ought to be followed and observed in such cases, as that which lay before them; especially if it shall appeare to have been the legitimate issue of true worth and Christianity; I presume all their other actions of like tenor and import, will partake of the same justification, and honour, with it.

Let us first take into consideration the substance of such exceptions, which can with any pretence of reason, or colour of conscience be levied against the lawfulnesse of it. Afterwards if it be needful, we will consider further, whether those that be with it, be not more, or at least more weighty and considerable, than those that are against it.

The first born of the strength of those, who condemn the said act of the Armie, as unlawful, lieth in this; that the Actors had no sufficient authority to doe what they did therein, but acted out of their sphere, and so became transgressors of that Law, which commandeth every man to keepe order, and within the compasse of his calling.

To this I answer 1. as our Saviour saith, that the Sabbath was made for man (i. for the benefit of man) and not man for the Sabbath; so certain it is, that callings were made for men, and not men for callings. Therefore as the law of the Sabbath, though enacted by God, was of right, and according to the intention of the great Law-giver himselfe, to give place to the necessary accommodations of men, and ought not to be pleaded in bar hereunto; in like manner, if the law of callings at any time opposeth, or lieth crosse to the necessary conveniences of men, during the time of this opposition, it suffereth a totall eclipse of the binding power of it. It is a common saying among the Jewish Doctors, that perill of life drives away the Sabboth; yea Master Ainsworth citeth this saying out of the Hebrew Canons: Circumcision in the time thereof driveth away the Sabboth; and afterwards, that perill of life driveth away all. So that as there were severall cases, wherein (as our Saviour’s expression is) they who polluted the Sabboth were blamelesse; In like manner, there are very many cases, wherein men may transgresse the ordinary law of Callings, and yet be no transgressors. Therefore unlesse it can be proved, that the Armie had no necessity lying upon them to garble the Parliament as they did; their going beyond their ordinary callings to doe it, will no wayes impaire the credit or legitimatenesse of the action.

2. Nor did they stretch themselves beyond the line of their callings, to act therein as they did. Their calling and commission was, to act in the capacity of Souldiers for the peace, liberties, and safety of the Kingdome. What doth this import, but a calling to prevent, or suppresse by force, all such persons and designes, whose faces were set to disturb, or destroy them? Nor did their Commission (I presume) limit or conclude their judgements to any particular kind of enemies, as if they had only power, or a calling thereby, to oppose or suppresse, either such, who should confesse themselves enemies, or such, who by the interpretation or vote of any one party, or faction of men in the Kingdome, should be reputed and deemed enemies: but all such, without exception, whom they, upon competent grounds, and such, as upon which discreet men in ordinary cases are wont to frame acts of judgment, and to proceed to action accordingly, should judge and conclude to be enemies. Or if it shall be supposed, that by their Commission they were limited to judge only those enemies to the Kingdome, with their abbettors and supporters, who were in Armes with the King, or on the King’s behalfe against the Kingdome, in their Representatives; those Parliament-men, whom they have excluded from sitting in that house, having notoriously discovered themselves to be men of this engagement, friends and abettors of those, who very lately were, and yet in part are, in armes against the peace and safety of the Kingdome, in this consideration fall directly and clearly under their commission; and consequently, by warrant hereof, they have, and had a calling, to proceed against them as they did.

3. If the calling which the Parliament itselfe had to levy Forces against the King and his Party, to suppresse them, and their proceedings, as destructive to the peace, liberties, and safety of the Kingdome, was warrantable and good, then was the calling of the Armie to act as they did in the business under debate, warrantable and good also. But the antecedent is true, therefore the consequent also. The minor proposition, viz. that the calling of the Parliament, to levy Forces against the King and his Party, in order to the ends mentioned, was every wayes warrantable and good, I presume will not be denied by the Parliament-men themselves. Or if they should deny it, they would but deny the Sunne to be up at noone-day, inasmuch as the truth thereof hath beene brought forth into a cleare and perfect light, by many pennes, yea and by their owne (in many of their Declarations) yea, and Mr. Prynne himselfe hath set it up in a great Volume as upon a mountaine, that it cannot be hid; though by the fervency of his late Devotion to the King’s interest and cause, he hath attempted the melting downe of that mountaine.1

The connexion in the major proposition is valid upon this consideration. The Parliament (or at least the Parliament men who did the thing) had no other calling, to oppose the King and his, by force, but only the generall call of the major part of the people, by which they were inabled to act in a Parliamentary capacity, [i. more effectually, and upon more advantagious termes, than singly, or out of such a capacity, they could] for their good. By this call by the major part of the people, they were enabled only in a generall, implicit, and indefinite manner, to raise forces against the King and his complices, for the safetie, and behoofe of the Kingdome. So that the particularity of this action was not warranted simply by the nature, or tenore of their call, but by the regular and due proportion which it had to the accomplishing of the end, for which they were chosen or called, viz. the people’s good. From whence it followes, that whether they had beene in a Parliamentary capacity, or no, yet if they had been in a sufficient capacity of strength, or power for matter of execution, their call to doe it, for substance, had been the same, though not for forme. And suppose there had beene no Parliament sitting, or in being, when the King and his party rose up in armes against the Peace, Liberties, and safety of the Kingdome; doubtlesse if any one man had been able to have secured the Kingdome in all these against them, his action had not been censurable for want of a calling to it; in as much as every member, as well in a body politique, as naturall, hath a sufficient call, yea an ingagement lying by way of duty upon it, to act at any time, and in all cases, according to its best and utmost capacity, or ability, for the preservation and benefit of the whole. Now then, supposing the same proportion to the peace, benefit, and safety of the Kingdome, in what the Army did in purging the Parliament, and in what the Parliament itselfe did, in opposing the King by force (which is a point of easie demonstration, and is ex super abundanti, proved in the large Remonstrance of the Army lately published)2 let us consider, whether the call of the Army, to act for the Kingdome as they did, be not as authentique, cleare, and full, as that of the Parliament to act as they did, in reference to the same end.

First, the authority and power of the people [or rather the present exercise and execution of this power] to act for their owne preservation and well being in every kind, was as well formally, and according to the ceremonie of the Law, as really, and according to the true intentions and desires of the people, vested in the Parliament. So that the Parliament by vertue of this investiture, and during the same, had the same right of power to raise an Armie, and to give unto it what Commission they judged meet, in order to the benefit of the people, or to act any other thing of like tendency, which the people themselves had, to chuse for themselves a Parliament. Therefore whatsoever lieth within the verge of the Armie’s Commission derived from the Parliament, relating to the Kingdome’s good, they have as full and formall a call, or warrant, to act, and put in execution, as the Parliament itselfe had, either to raise an Army, or to doe any other act whatsoever. If then first, the tenor of their Commission stood towards any such point as this, (which I presume is no way questionable) viz. to suppresse by strong hand, all such persons, whom upon rationall grounds they should judge enemies to the peace and welfare of the Kingdome; and secondly, that those Parliament Members, whom now they have cut off from that body, were upon such grounds judged such by them, (of the truth whereof they have given a super-sufficient account in their said late Remonstrance); it is as cleare as the Sun that their calling to act as they did in cutting off these Members, is every whit as legitimate and formall, as that of the Parliament itselfe is to act anything whatsoever, as a Parliament.

Nor is it of any value to pretend here, and say, that it is not to be beleeved, that a Parliament should give any Commission unto men, to act against themselves, or in a destructive way to their priviledges, or honours. For to this I answer.

First, that Law-givers, whilst they are sober, and in their right mindes, may very probably make such Lawes, for the ordering and restraint of persons distracted and madd, which in case they afterwards become distracted, may, and ought to bee put in execution, upon themselves. And in case any of those Parliament men, who joined in granting that Commission unto the Army, by which they were inabled to fight, slay and destroy all those that were in armes against the Parliament, should afterwards have turned Cavaliers themselves, and been found in armes against the Parliament (as some of them, if my memory faileth me not, were) they might very lawfully have beene encountered and destroyed by the Army, by vertue of that Commission which was granted by themselves.

Secondly, what only one Emperour explicitely spake to an inferiour Officer created by him, when hee delivered him the Sword; If I doe justly, use this for me; if unjustly, use it against me; the same implicitely, and according to the exigency of the trust committed by Office, doth every superiour Magistrate say unto him, whom he chuseth and admitteth into a place of subordinate office, or power under him. For the punishment of evill doers, and so the procurement of the publique good, doth not lie by way of Office, or duty, upon the chiefe Magistrate only, but upon all subordinate Magistrates also, and Officers whatsoever. This is evident from this passage in Peter: Submit yourselves to every ordinance of man for the Lord’s sake, whether it be to the King, as supreame; Or unto Governours. [i. inferiour Magistrates or Officers] as to them that are sent by him for the punishment of evill doers, and for the praise of them that do well. So then, the punishment of evill doers, and this simply, without all partiality, or distinction of persons, (which are things sinfull in all Magistrates whatsoever, as well subordinate, as supreame) and likewise the protection and incouragement of those that doe well, lying by way of Office and duty, upon all those, who by the King, or supreme Officer, are invested with any power of authority, though subordinate; evident it is, that whensoever a King, or other Supreame authoritie, creates an inferiour, they invest it with a legitimacy of magistraticall power to punish themselves also, in case they prove evill doers; yea and to act any other thing requisite for the praise or incouragement of the good. Nor is there any pretence here for such an exception, as the Apostle Paul findes, in the grand Commission of Christ. But when hee saith all things are put under him, it is manifest that he is excepted, which did put all things under him. God the Father being uncapable of sin, is not capable of losing that soveraigne dignity, which is native and essentiall to him; and consequently, not capable of comming into subjection under any creature, as Christ Mediator, in respect of his human nature, is. But Kings and Magistrates of the highest, being very capable even of such sins, which are destructive to the peace and welfare of the people under them, and repugnant to the incouragement of those that doe well, and consequently, which appertaine to the cognizance of every Magistrate, to whom the care of such things is intrusted, are very capable also of forfeiting that dignity, which is naturall and essentiall to them, as Kings, or Supreame, and of rendering themselves obnoxious to those authorities and powers, which out of such cases, are under them, but upon such miscariages, are above them; as Reuben forfeited that excellency of dignity, which appertained to him, as the first borne of his Father, by going up unto his Father’s bed. Upon this very ground Calvin himselfe, Zwinglius, and other reformed Divines, and the Scottish Ministers themselves (more generally) and Master Prynne more voluminously than they all, determine and adjudge it, not only lawfull, but matter of duty and charge lying upon the subordinate Magistrates, to curb and bridle the tyrannous extravagancies and incursions of Kings and Princes against their people. But

Secondly,3 suppose the Armie had not a call to act as they did, in the case under debate, every waye’s as full of formality, as the call of the Parliament to act as they did, in opposition to the King, yet might their call be (and indeed was) as materiall, as weighty, as considerable, and as justifiable in the sight of God, and of all unprejudiced intelligent men, as the other. The call of the Parliament we spake of, was from the persons of the people, expressed by formality of words, or other ordinary gestures, testifying such a call from them: and this call they (or most of them) received from the people, whilst as yet they (the people) were in no visible, at least in no imminent or present danger of being swallowed up in slavery and tyranny. But the call of the Armie, to deny the opportunity of the house, to those Members of Parliament, whom they sequestered, was from the strong and importunate cries of the people’s Liberties, yea and of many of their lives, being now laid upon the Altar, ready to be offered up in sacrifice upon the service of the lust and revenge of a most inhumane generation of men, who (it seemes) thirsted after them with that furiousnesse of thirst, that they made no spare of their owne deare lives themselves to make the purchace, and were now under a great additionall enragement, as having been for a long time chafed up and downe in their owne blood, and by a strong hand kept falling from their desires. Now the calls of the miseries and extremities of men for reliefe, are more authorizing, more urging, pressing, and binding upon the consciences of men, who have wherewithall to afford reliefe unto them, than the formall requests or elections of men to places of trust or interest, when the electors have no such present or pressing necessity upon them, for the interposall of the elected on their behalfe. The necessities of men call more effectually, than men themselves; yea, the truth is, that the calls of men, calling others there to helpe or assist them, being in a tolerable condition of subsisting, without receiving the helpe they call for, are but dallyings, or sportings, and shadowes of calls, in comparison of the loud, vehement, and importunate cries of the exigencies and extremities of men, though the men themselves should hold their peace.

Fourthly, (and lastly to the first objection) the common saying, that in case of extreame necessity all things are common, extends unto callings also. In cases of necessity, all callings are common, in order to the supply of the present necessity. David and his men being hungry, were all Priests, in reference to the satisfaction of their hunger, and did, and that lawfully, eate that bread, which (as our Saviour himselfe affirmeth) was lawfull only for the Priests to eate. Polanus a reformed Divine of good note, granteth, that when Bishops and Ecclesiastiques are defective either in will, or skill, for the reformation of Religion, and the Church; laicks, or private men “may lawfully supply their defect herein,” and act the part of Bishops or Ecclesiastical persons, in such reformations.

When the Pilot, or Master of a Ship at Sea, be either so farre overcome and distempered with drinke, or otherwise disabled, as through a freneticall passion, or sicknesse in any kinde, so that he is uncapable of acting the exigencies of his place; for the preservation of the Ship, being now in present danger, either of running upon a quick sand, or splitting against a rock, &c. any one, or more of the inferiour Mariners, having skill, may, in order to the saving of the Ship, and of the lives of all that are in it, very lawfully assume, and act according to the interest of a Pilot, or Master, and give orders and directions to those with them in the Ship accordingly, who stand bound at the perill of their lives in this case to obey them. By such a comparison as this, Master Prynne himselfe demonstrates how regular and lawfull it is for Parliaments, yea and for particular men, to turne Kings, I meane, to assume that Interest and power, which the Law appropriates to the Office, and vesteth only in the person of the King, when the King steereth a course in manifest opposition to the peace and safety of the Kingdome.

The passage in Master Prynne, though it be somewhat large, yet being thorough and home to the point in hand, I shall present Verbatim. Go too now (saith this Anti Protyrannicall Spirit) in this our Politique Ship, the Master gluts himselfe with Wine; most of his Assistants either asleepe, or drunke with mutuall cups, sportingly behold an imminent rock. The Ship in the meane time, either holds not that course, which is expedient for the owner, or seemes speedily to be wracked. What thinkest thou is here to be done under the Master, by one who is vigilant and solicitous? Shall he pull those by the eares, who are asleepe, or only jogge them by the sides? But in the meane time, lest he should seeme to doe ought without their command, shall hee not afford his helpe and assistance to the indangered Ship? Truly what madnes, or rather impietie, will this be? Seeing then (as Plato saith) TYRANNY IS A CERTAIN FRENZY and drunkenness, the Prince may utterly subvert the Republique, the most of the Nobles may collude, connive, or at least are fast asleepe; the people, who are Lords of the Republique, by the fraude and negligence of their Ministers, which is their fault, are reduced into greatest streights. In the meane time, there is one of the Nobles, which considers the incroaching tyranny, and detests it from his soule: what think’st thou is now to bee done against him by this man? Shall he only admonish his Colleagues of their duty, who themselves doe as much hurt as they may? But besides, as it is perillous to admonish, and in that state of things it may be deemed a capitall crime. Shall hee doe like those, who contemning other helpes, casting away their armes, shall cite Lawes, and make an Oration concerning Justice, among theeves, in the midst of a wood? But this truly is that which is commonly said, to be mad with reason. What then? Shall he grow deafe at the people’s groans? Shall hee be silent at the entrance of theeves? Or shall he finally grow lazie, and put his hands into his bosome? But if the Lawes appoint the punishment of a Traitor against one wearing buskins on his legges, who counterfeits sicknesse for feare of the enemies, what punishment at least shall we decree against him, who either through malice, or slothfulnesse, shall betray those whom he hath undertaken to protect? But rather he shall command those things that are needfull to such as are wary, by a Mariner’s shout: he shall take care lest the Common-wealth receive any detriment, and shall preserve the Kingdome even against the King’s will and resistance, by WHICH HE HIMSELF BECOMES A KING and shall cure the King himselfe as a frantique man, by BINDING HIS HANDS AND FEET, if he may not otherwise doe it. Thus farre Mr. Prynne; and full far enough to justifie whatsoever is said in these papers for the justification of the Army in their binding the hands and feet of some frantique Parliament men (as himself in a Platonick strain phraseth those, who either through malice, or slothfulnesse, shall betray those, whom they have undertaken to protect).

It were easie to multiply instances of like import. But by what hath been argued, the nullitie of that argument against the proceedings of the Army, drawne from the defect of a calling to act as they did, fully appeareth.

A second Objection is this: They resisted Authority, or the powers lawfully set over them; and therein, the ordinance of God: therefore their fact is to be condemned and cannot be justified. I answer,

First, To resist Authority, imports either a detracting or deniall of obedience to the just commands of Authority, or else the ingaging of a man’s selfe to dissolve, and take away Authority. Now certaine it is that the Army, in that act of theirs now in question, neither did the one, or the other. First, the authority of Parliament, had made no such Act, passed no such Vote, that none of their Members, though voting, or acting never so palpably, or with never so high an hand against the Interest, peace, and liberties of the Kingdome, should be debarred sitting in their house. In which respect, the Army debarring those Members, which had thus voted and acted, from sitting in that House, did not resist Authority in the former sence. Or in case it should be supposed, that the authority of Parliament, had made such an act, or passed such a Vote, as that mentioned, unlesse the equity and justnesse of it could be sufficiently cleared, the crime of resisting authority could not upon any sufficient ground be imputed to those, who should decline obedience to it.

Secondly, neither did the Army in the aforesaid act, resist authority in the latter sence; because what they did, no way imported any dislike of Parliament authority, nor had any tendency towards the abolition, or taking of it away; but only implied a disapprovement of the factious carriage of things in this present Parliament, as evidently bent against the safety, liberties, and well-being of the Nation; and tended withall towards a prevention of the like, or worse, for the future. But as for their approbation of, and resolutions to maintaine Parliaments, and Parliamentary authority (stated and formed in a regular and due proportion to the behoofe and benefit of the Kingdome) they stand abundantly declared to all the World in their late Remonstrance.4

If it be here yet further said; yea but though it should bee granted, that they did not resist Authority, in either of the two considerations specified, yet they did that, which was worse, or every whit as bad, as either of them. For they offered violence to persons in authority, and would not suffer them to act in that authoritative capacity, which was lawfully vested in them. To this also I answer;

First, it is lawfull for any man, even by violence, to wrest a Sword out of the hand of a mad man, though it be never so legally his, from whom it is wrested. The reason is, because in case a man that is mad, should be let alone with a Sword in his hand, either untill he be willing of himselfe to part with it, or untill it can be recovered from him by a due processe and course in Law, there is a probability in reason, and according to the frequent experience of the workings of such a distemper, that he will doe much mischiefe with it in the meane time: and the lives and limbs of men, are to be preferred before the exorbitant wills, or humours of men under distemper. This is the very case in hand. The Members of Parliament dis-housed by the Army, were strangely struck with a politicall frenzy (as Plato tearmeth it); they acted as men bereaved of their senses, that had quite forgotten the businesse committed unto them, and that knew, or understood nothing of matters relating to the peace or well being of the Kingdome, or of those who had intrusted them with their power: their counsels and votes of late still smiled upon their owne enemies, and the grand and most inveterate enemies of the Kingdome, but frowned and looked gastly upon their friends, and those that had constantly guarded them with their lives and estates.

  • Hic furor haud dubius; haec est manifesta phrenesis. i.
  • This madnesse is without all doubt,
  • And phrensie manifest throughout.

Now then Parliamentary power being in the hands of these men, but as a sword or speare in the hand of a man distraught in his wits and senses, wherewith hee is like to doe little or no good but in continuall danger of doing much harme, it might very lawfully, and with the full consent of all principles of reason, equity, and conscience, be seized upon, and taken from them by a strong hand, for the prevention of such mischiefes and miseries, which, remaining in their hand, it daily and hourly threatened to bring upon the whole Nation and Kingdome.

Secondly, The King had as legall and formall an investiture into the power of the Militia, of sitting in Parliament, &c. as these men had into their Parliamentary places and trusts: yet did not the Parliament unjustly, or contrary to rules of equity, upon a plenary discovery of a bent in his will and counsels to suppresse the liberties of the Nation, to deprive him, and that by force, of the injoyment and exercise of those interests and priviledges, notwithstanding the legality of their investiture in him. Therefore upon a like discovery of the same bent in the wills and counsels of these Parliament men, the lawfulnesse of their elections into their places of trust, cannot reflect any unlawfulnesse upon that act, by which they were removed from, or debarred of them.

Thirdly, (and lastly) there is no Client that hath entertained a Lawyer, or Advocate to plead his cause, but upon discovery, yea or jealousie, of prevarication, and false-heartednesse to him in his cause, may lawfully discharge him, his entertainement notwithstanding. There is the same liberty in a Pupill, or person in his minority, to disentrust his Guardian, how lawfully soever chosen, upon suspicion of male-administration, or unfaithfulnesse. And why should the like liberty be denied unto a people or Nation, for the removing of such persons, whom they have chosen for Guardians to their Estates and Liberties, from these places of trust, when they evidently discerne a direct tendency in their proceedings, to betray them, both in the one and the other, unto their enemies?

But two things (it is like) will bee here objected. First, that the Parliament were Judges lawfully constituted, of the King’s delinquency against the Kingdome; but the Army were no Judges of such a constitution, of the miscarriages of the Parliament. Therefore there is not the same consideration, in point of lawfulnesse, in the proceedings of the Army against the Parliament, which is of the Parliament’s proceeding against the King. There is the same difference likewise betweene the act of a Client and Pupill, wherein the one dischargeth his Advocate, and the other his Guardian; and the act of the Army, in dethroning the Parliament men. To this I answer,

First, That whether we place the lawfulnesse of a Parliamentary Judicature in respect of the King’s Delinquency, either in their Election by the people, or in the conformity of this their Election unto the Lawes of the Land, certaine it is that the Army were Judges of every whit as competent, and lawfull a constitution of their delinquencies in the same kinde. For,

First, If we measure the lawfulnesse of Parliamentary Judicature by the call of the people thereunto, the Army (as was formerly proved) hath every whit as lawfull a constitution to judge who are enemies to the peace and safety of the Kingdome, as the Parliament itselfe hath. Nor doth it at all argue any illegality in their judgements about the Parliament men, that they had not the explicit and expresse consent of the people therein, or that they had no call by them so to judge; no more than it proveth an illegallity in many Votes and Ordinances of Parliament, that they were both made and published, not only without the particular and expresse consent, but even contrary to the minds and desires of the people, or at least of the major part of them. Besides it is a ridiculous thing to pretend a want of a call from the people, against the lawfulnesse of such an act, which is of that soveraign necessity for their benefit and good, which the actings of the Army were; especially at such a time, when there is no possibility of obtaining, or receiving a formall call from the people, without running an eminent hazard of losing the opportunity for doing that excellent service unto them, which the providence of God in a peculiar juncture of circumstances, exhibits for the present unto us. Men’s consents unto all acts manifestly tending to their reliefe, are sufficiently expressed in their wants and necessities.

If it be yet said, “But the people doe not judge the proceedings of the Army against the Parliament men, as tending to their reliefe, or welfare in any kinde, but as contrary unto both, nor doe they give so much as their subsequent consents thereunto”; I answer (besides what was lately said to the nullifying of this pretence) that Physitians called to the care and cure of persons under distempers, need not much stand upon the consents of such patients, either subsequent, or antecedent, about what they administer unto them. If the people be uncapable in themselves of the things of their peace, it is an act of so much the more goodnesse and mercy in those, who being fully capable of them, will ingage themselves accordingly to make provision for them. It is a deed of Charity and Christianity, to save the life of a lunatique or distracted person even against his will. Besides it is a ruled case amongst wise men, that if a people be depraved and corrupt, so as to conferre places of power and trust upon wicked and undeserving men, they forfeit their power in this behalfe unto those that are good, though but a few. So that nothing pretended from a non-concurrence of the people with the Army, will hold water. Or,

Secondly, If wee estimate the lawfulnesse of that Judicature, by the conformity of their elections thereunto, to the Lawes of the Land, the investiture of the Army into that Judicature, which they have exercised in the case in question, is conforme unto a Law of farre greater authority, than any one, yea than all the Lawes of the Land put together; I meane, the Law of nature, necessity, and of love to their Country and Nation: which being the Law of God himselfe written in the fleshly tables of men’s hearts, hath an authoritative jurisdiction over all human Lawes and constitutions whatsoever; a prerogative right of power to overrule them, and to suspend their obliging influences, in all cases appropriate to itselfe. Yea many of the Lawes of God themselves, thinke it no disparagement unto them, to give place to their elder Sister, the Law of necessity, and to surrender their authority into her hand, when shee speaketh. So that whatsoever is necessary, is somewhat more than lawfull; more (I meane) in point of warrantablenesse. If then the Army stood bound by the Law of nature and necessity, to judge the Parliament men as they did, viz. as men worthy to be secluded from their fellowes in Parliamentary interest, this judiciary power was vested in them by a Law of greater authority, than the Lawes of the Land; and consequently the legality, or lawfulnesse of it was greater, than of that in the Parliament, which derives its legality only from a conformity to the established Lawes of the Land. Yea the truth is, that that Law of necessity, by which the Army were constituted Judges of those Parliamentary Delinquents we speake of, cannot (in propriety of speech) be denied to be one of the lawes of the Land, being the law of nature, and consequently the law of all Lands, and Nations whatsoever, established in this, and in all the rest, by a better, and more indubitable legislative Authority, than resides in any Parliament, or community of men whatsoever.

If it be here further objected; yea but what necessity was there lying upon the Army, to assume that judicative power unto themselves, which they exercised upon the Members of Parliament? It is an easie matter to pretend a necessity (almost) for every unjust, and unrighteous thing; but not so easie to judge what such a necessity is, which is authorized by God with a suspensive power over human lawes. To this I answer,

First, That they cannot (at least in the ordinary signification of the word) be said to assume a power of judicature unto themselves, who only judge either of persons, or of things, in respect of themselves, and with relation to what concernes themselves by way of duty, either to doe, or to forbeare. The exercise of such a judging, or judicative power, as this, is imposed by God by way of duty upon all men: and woe unto them, who doe not judge, both persons and things, in such a consideration, as this. The neglect, or non-exercise of that judging faculty or power, which is planted in the soules and consciences of men by God, upon such termes, and with reference to such ends as these, draweth along with it that sin, which the Wise man calleth, the despising of a man’s wayes, & threateneth with death. But he that despiseth his wayes shall die. Now certain it is, that the Army did exercise no other judiciary power than this, about, or upon those Parliament men, nor in any other respect, nor with any other consideration, than to their own duty concerning them; which every other person in the Kingdom, either did, or ought to have done, as well as they. Every man is bound to consider, judge, and determine, what is meet, and necessary for him to doe, either to, with, for, or against, all other men; or at least all such, to whom he stands in any relation, either spirituall, naturall, or civill. That judgment then which the Army passed in their own brests and consciences upon those Parliament-men, as viz. that they were such, whom they stood bound in duty, having an opportunity in their hand to doe it, to cut off as unsound members from their body, was nothing else but the issue, fruit, and effect of that consideration of them and of their wayes, which they stood bound to levy, raise, and engage themselves in, about the one and the other. If the judgement which they passed in this kinde was erroneous, it was not erroneous through an usurpation of an unlawfull power to judge, but either through a defect and weaknesse of those discerning, or judging abilities, which they stood bound (however) to use; or else through an oscitancy, carelesnesse, or sloath, in not improving or acting these abilities, as they might, and ought, to the discerning of the truth. Certainly they who judge these Parliament-men worthy Patriots or Members of their House, or meet to have beene let alone without disturbance in their way, doe assume the same power of judicature concerning them, yea and concerning the greatest and weightiest matters of State, which the Army did, when they judged them meet to be sequestered. Yea they who judge, and condemne the Armie as evill-doers, for what they acted about these men; and not only so, but smite them also with the sword of the tongue, reviling them without any just warrant or ground, doe they not every whit as much usurp, and assume to themselves a power of judging, without any authority at all, as the Armie did in that very act of judgement, at which they make themselves so highly agrieved? Insomuch that to all such, that of the Apostle may be justly applied. Therefore thou art inexcusable O man, whosoever thou art that judgest. For wherein thou judgest another, thou condemnest thyselfe: for thou that judgest, dost the same things. Nay, If we speak of an authoritative power to judge, they who presume to justifie and absolve the Parliamentmen from the crime charged upon them, and to condemn the Army for charging them, are farre deeper in the usurpation of such a power, than the Armie. For the Army (as hath been said) had a legall commission from the Parliament itselfe, to oppose, slay, and destroy the enemies of the Kingdome, and therein a kind of authority derived unto them, to judge of these enemies, when they should meete with them (for a Commission or warrant to apprehend, or destroy such and such persons, without a liberty, or power, either granted, or supposed, to judge them such, when they are found, were a ridiculous nullity) whereas they, who being private men, shall undertake not only to censure, judge, and sentence the Armie as Malefactors in what they have done, but to proceed likewise to the execution of this their sentence by inflicting the penalty of stigmaticall and opprobrious terms upon them; by casting them out of the affections of their friends, by firing the spirits, and strengthening the hands of their enemies against them, doe all this without the least colour, shadow, or pretence of any lawfull authority whatsoever. But

2. That the judgement or sentence which the Armie passed upon those men, as meet to be dispossessed of their Parliamentary interest, was not erroneous in either of the considerations mentioned, or in any other, but every wayes just, and according to the truth, stands cleer upon this ground, viz. that they were become Renegadoes from their Trust, and acted by their counsels, debates, votes, and interests, in a diametrall opposition to the peace and safety of the Kingdome, and to publique good. Yea the tenour of their Parliamentary actings before their removall from the House, in the known dialect of politicall prophesie, presaged nothing but ruine and destruction to the liberties of the free-borne Subjects of the Kingdom in generall, and to the lives and estates of many thousands in the Kingdome, whom they stood bound in conscience, in a speciall manner to protect. For what could that grand encouragement, which they administered by their Votes to a potent party of men in the Kingdome who had so lately, and with so high an hand, acted hostility against the peace and liberties of the people, and against the lives of those who stood up to protect them, not having given the least overture of any relenting in their olde principles, but were now through that extreamity of paine which they lie under, having beene so often, and so deeply bitten, and stung by the fidelity and valour of the Army, more enraged in their spirits, than ever. What could (I say) such an encouragement, given by such hands, unto such men, but portend, either a re-imbroiling of this already miserably-wasted Nation, in Wars and blood, or else the necessity of a patient and quiet subjection of the Nation to the iron yoke of perpetuall tyranny and bondage, together with the certaine ruine of the lives and estates of those, who had shewed most faithfulnesse and courage in the defence of the Parliament and the Kingdome’s liberties, in opposing the King and his party, if the Army had not preventingly interposed, as they did? The by-past actions of men, especially such, which they have for any considerable space of time inured themselves unto, are propheticall of what their future actions are like to be, if opportunity paralleleth. The civill Law saith, that he that hath injured one, hath threatened many: and by the rule of proportion, he that hath injured many, hath threatened all. It is the saying of that late great Scholar and Statesman, Sir Francis Bacon; that men’s thoughts are much according to their inclination: their discourse and speeches according to their learning, and infused opinions: but their deeds are after as they have beene accustomed. Insomuch as afterwards he saith, as a man would wonder to heare men professe, protest, engage, give great words, and then doe just as they have done before. Yea the Scripture itselfe giveth testimony to this maxime, that what men have been by custome, they are like to be by continuance. Can the Ethiopian (saith God himselfe to the Jews) change his skinne, or the Leopard his spots? Then may ye also doe good that are accustomed [or, taught] to doe evill. And elsewhere (speaking of the same people) they hold fast deceit, they refuse to returne—no man repented him of his wickednesse, saying, what have I done? Every one turned to his course [or race] as the horse rusheth into the battle, meaning, that as the warlike horse, having been for a while curbed and held in by his Rider with a sharp bit, & strong hand, rusheth with so much the more violence and fury into the battle, when he feeles his liberty. In like manner these men, (and it is the case generally of all men) when they had been at any time restrained for a while, whether by my word, or my judgments upon them, from these vile practices; still upon the first opportunity that they found themselves loose, they re-practiced their former wickednesse with so much the more eagernesse and keenenesse of spirit.

It were easie to bring Authorities in great numbers, both divine and human, and these attended with a like traine of examples, both ancient and modern, for the further confirmation and credit of this axiome, that men generally are much more like to practice on their owne vices, than to fall off to the exercise of other men’s vertues. But by what hath been delivered in already upon this account, most evident it is, that the men deparliamented by the Army, were in their full career to the utter undoing of the Kingdome, when they were dismounted: and consequently, that the judgment of the Army looking upon them, as persons meet to be discharged from that great Trust, wherein they so prevaricated, was according to righteousnesse and truth. Therefore

3. (And lastly as to the objection last propounded) it is no such great matter of difficulty, clearly to discern, and judge of such emerging necessities (at least of many of them) which are authorized by God with a prerogative interest of suspending human laws. Hunger is by the holy Ghost himselfe enrolled amongst those necessities, which are invested by God with a faculty and right of suspending his owne lawes, so farre and in such cases, as they oppose the reliefe of it. Have yee not read, saith our Saviour to the Pharisees, what David did when he was an HUNGRY, and they that were with him, how he entered into the house of God, and did eate the shew-bread, which was not lawfull for him to eate (viz. in ordinary cases) neither for them that were with him, but for the Priests only? meaning, and yet were innocent and unreprovable, notwithstanding the transgression of a divine law (as touching the plain & expresse letter of it). Now if God hath asserted such a priviledge unto the necessity of hunger, whereby to supersede the conscientious obligation of his own law, in order to its present satisfaction, much more hath hee authorized it to the superseding of any constitution or law, meerly human, in reference to such an end; unlesse wee shall thinke, that hee is more jealous for the observation of the lawes of men, than of his owne. So then if it be no great matter of difficulty for a man to judge when he is an hungry, evident it is, that there are some cases of necessity obvious enough, whereunto the lawes of men ought to give place, and to be content to be, as if they were not. For the reason why hunger is invested with such a priviledge from God, as we speak of, is not simply, as, or because, it is hunger, i. such a peculiar and determinate πάθος, which in a way proper to itselfe, threateneth and endangereth the life of man; but in respect of the generall nature of it, and as it simply threateneth and endangereth this life, if it be not timely healed by the application of food, or nourishment. It was the preciousnesse of the lives of men in God’s sight, not any respect he bare to any particular way, or meanes of endangering them, which obtained from him the grant of such a priviledge unto hunger, that in order to its necessary satisfaction, it should overrule his owne law. So that whatsoever else it be, as well as hunger, which so apparently menaceth, or portendeth ruine and destruction to the lives of men, partakes of the same indulgence and grant of priviledge from God, with hunger, and is facultated by him, in order to the prevention of the mischiefe menaced, to transgresse a Law without guilt of sinne. By the cleare warrant of this consideration and deduction, the Jewes extended that grant of priviledge, which God (as we have heard) made, or indulged explicitely unto hunger only, unto all manner of things and cases whatsoever, whereby, and wherein life was exposed to imminent hazard and danger. Their common maximes were (as they were formerly mentioned, Sect. 4) that danger of life drives away the Sabbath: Perill of life drives away all, &c. Now if the perill of the life of one man, or of a small parcell of men (as David, and those that were with him, were no great party) was priviledged from heaven with a sinlesse transgression of a speciall law of God; certainly, the imminent danger of bloody combustions in the middest of a great Nation, wherein the lives of many thousands were like to be sacrificed, besides the hazard of bringing many other most deplorable and sad calamities upon the whole Land, which (as hath beene proved) wrought effectually in the counsels and actings of the disseated Parliament-men, is a broad and unquestionable ground of equity and right, for the Armie to build a prevention or diversion of them upon, though it be with a temporary disobedience to such lawes of men, which were never (doubtlesse) intended by the Law-makers themselves, for the binding, either of men’s consciences, or their hands, in such cases.

Only, lest the truth we assert, should possibly suffer through any man’s mistake, I shall adde one thing by way of caution, or explication about the premises. When wee seeme to approve of that principle of the Jewes, wherein they say, that Peril of life drives away all, and speak many things concerning the priviledges of necessity, we doe not suppose, nor intend to say, that men may lawfully transgresse every law or precept of God whatsoever, for the saving of their lives, being in danger, as for (example) that they may lawfully lie, forswear themselves, deny Christ, or the like, in such cases; for men (doubtless) ought rather to accept of death, than deliverance, upon such tearmes as these. But that which we suppose upon the account specified, is only this; that hunger, or any parallell exigence or necessity, have such an indulgencie of priviledge from God, which extendeth to the suspension of all such Lawes, as well Divine, as human, in order to the safety of men lying under them, which the light of nature, and that sence of equity and of what is reasonable, planted in men by God, may well judge to have beene intended by the respective Lawmakers, not for Lawes of an absolute and universall obligement, without all manner of exception, but only for the regulating of men in ordinary cases, and such as are of more frequent and usuall occurrence. Now certaine it is, that as there are some Divine Lawes which fall under this consideration (as we have seene) so there are scarce any (if any at all) of human constitution, but are subject unto it; I meane, which may not, according to the regular intentions of the Lawmakers themselves, lose their binding force and authority for a time, as cases may be; it being a true Rule, subscribed as well by Lawyers as Divines, that Every Law binds only according to the regular and due intention of the Law-maker.

The reason why no human Law, can reasonably be judged to bee of universall obligation (no, not according to the intention of the Lawmakers themselves) is, first, because the adequate end and scope of Law-makers in their Lawes, is presumed to be, the publique and common benefit and good of the community of men, who are to obey them. Now, as Aquinas the Schooleman well observeth, it often falls out, that that, which ordinarily, and in most cases is much conducing to common good, in some particular case would bee most repugnant and destructive to it, whereof hee gives an instance; unto which many others might readily be added. Therefore in such cases, wherein the observation of a Law, cannot but be of dangerous consequence, and prejudiciall to the publique, it is to be presumed, that it was no part of the intention of the Law-givers that it should be observed, or bind any man.

Secondly, it being out of the Sphere of all earthly Law-makers, to foresee, or comprehend all particular cases, that may possibly happen, they generally content themselves with framing such Lawes, the keeping whereof ordinarily, and in cases of a more frequent occurrence, is conducing to publique benefit and safety, not intending by any of these Lawes to obstruct or prejudice the publique, in any anomalous or unthought of case, but to leave persons of all Interests and qualities at full liberty, to provide for the publique in such cases, though with a practicall contradiction to any, or all of their Lawes.

Thirdly (and lastly, for this) If it could, or should be supposed, that human Lawgivers are able to comprehend and make provision for all possible emergencies and cases, yet were it not expedient (saith my Author) for the Common-wealth, that they should multiply Lawes to such a number, as the particular stating and regulating of all such cases would necessarily require. Confusion in Lawes ought to bee avoided, which yet could not be avoided, if particular and expresse provision should be made in them, for the regulation of all persons, of what different capacities, or conditions soever, under all possible occurrences, in a due proportion to the common interest and benefit of men.

These things considered, evident it is, that there was never yet any Lawgiver amongst men, who, understanding himselfe, ever intended to impose any Law of a politique constitution upon men, without a reserve for those, on whom it was imposed, to provide for themselves, or for the publique good in cases of necessity, besides, yea and against, the literall import of such a Law. Therefore perill of life, which is the most confessed case of necessity of all others, though it cannot claime exemption from under some of the Lawes of God (such as were lately intimated) yet may it challenge this priviledge in respect of the Lawes of men. The reason of the difference hath been already in part signified, but more compleatly is this: viz. because those Lawes of God, which we now speake of, prohibiting such actions, which are intrinsically, and in their proper natures, as being contrary to the essentiall purity and holinesse of God, and not only because they are prohibited, matter of defilement unto men, must needs bee of universall obligation, in as much as no necessity whatsoever can be greater than, nor indeed equall to, this, that a man refraines all such actions, which are morally, essentially, and intrinsecally corrupting and defiling: whereas the civill or politique Lawes of men restraine only such actions, the forbearance whereof, as in ordinary cases, it is commodious for the publique Interest, so in many others, possibly incident, would be detrimentous and destructive to it. In which respect all the necessity of obeying such Lawes as these, may for the time, not only be ballanced, but even swallowed up and quite abolished by a greater necessity of disobeying them. And concerning such Lawes of God himselfe, which we call typicall, or ceremoniall, because they restraine only such actions, which are not intrinsecally, or essentially sinfull, or defiling, as not being in themselves repugnant to the holinesse of God, but had the consideration of sinne put upon them by a Law, in reference to a particular end; hence it commeth to passe, that God was graciously pleased, and judged it meet, to subject such Lawes as these to the pressing necessities of the outward man; or rather (indeed) to those other Lawes of his, by which he commanded reliefe for them; as it is written; I will have mercy, and not sacrifice. This by way of caution. But

Secondly, Another thing, that (its like) will be objected, upon, and against what hath been answered to the second maine objection, is this: That the Parliament men disturbed in their way by the Army, at least many of them, were Religious and conscientious men; voted, and acted as they did, conscientiously, really judging the course they steered, to be the safest and most direct for bringing the great Ship of the Common-wealth into the harbour of rest and peace. And is it not contrary, as well to principles of reason, as Religion, that such men upon so faire an account as this, should be so fouly handled? To this I answer;

First (not to question that, which I make no question but will be sufficiently proved in due time, I meane, the Religiousnesse of the Gentlemen spoken of) Religious men, are as well men, as religious: and consequently, are not yet baptized into the spirit of that divine prerogative, which should make them (in the Apostle James his phrase) ἀπειράστος κακῶν, persons untemptable by things that are evill. They that are capable of receiving gifts, or of any inordinacy in their desires after earthly accomodations, how wise, or just soever they be otherwise, are subject both to have their eyes blinded, and their words perverted. A guift, saith God himselfe, doth blinde the eyes of the wise [i. of those that are religiously wise, as well as others; the Scripture not often tearming any men wise, but upon that account] and pervert the words of the righteous. A guift, or anything equivalent to a guift, and that not only after it is received, but much more whilst it is yet desired, and expected, is apt to have both these sad operations even upon the best of men. For who can be better than those whom wisedome and righteousnesse joine hand in hand to make excellent?

Secondly, When men are religious only to a mediocrity, and withall servile in their judgments to some principles, which are commonly and with great confidence and importunity obtruded upon the consciences of professors, for sacred Truths, and yet are extreamly discouraging, and full of enmity to a thorough, stable, and quiet dependence upon God, by being religious upon such tearmes as these, they become twofold more the children of feare, than otherwise they were like to be, and consequently, so much the more capable and receptive of sad and dismall impressions from the World upon all occasions. And it is not more commonly than truely said; that Feare is a bad Counsellor.

Thirdly, When religious men sinne against the common Interest and liberties of a free borne Nation, and make one purse with the knowne and thrice declared enemies of their Land and people, whether they doe it, with, or against, their judgments and consciences, the Law of nature and necessity, cannot (for the present) stand to make, either a scrupulous inquiry after such a difference, or a regular assignement of favour to the qualifying circumstances of demerit; but calls, yea and cries out immediatly, and commands all men without exception, that have a prize in their hand, to give it for the redemption of their Nation out of the hand of Oppression and Tyranny. And when this Law hath been obeyed to the securing of the Nation, she presently resigneth, and this freely and willingly, all her authority and command, into the hand of positive and standing Lawes, calculated for the ordinary posture and state of things, untill there be another cry of like danger in her eares. When these standing Lawes come to resume their authority and power; there will be an opportunity to inquire, if it shall be thought convenient, who sinned, with, and who against, their consciences: and their assesments, which were we uniformly rated by the Law of necessity, may be reduced to tearmes of more equity by those other lawes. But

Fourthly, According to the Notion of that maxime in naturall Philosophy, that The corruption of the best, is worst, so are the miscarriages and errours of the best men, of worst consequence (in many cases). The digressions of men religious, are many times worse, than the thorough discourses of other men. When conscience and concupiscence meet (as oft they doe in religious men) the conjunction is very fiery. It was the saying of Gregory long since, When men conceive of sinne under the notion of a duty, there it is committed with an high hand and without feare. Nor ever was (nor is ever like to bee) the persecution of the Saints more grievous, than when those that shall persecute them, and put them to death, shall thinke that [therein] they doe God service. So that whereas the objection in hand pleads, on the behalfe of those Parliament men, who were religious, that they followed the light and dictate of their judgements and consciences, in complying with the King and his complices; the truth is, that though it may reasonably be thought so much the lesse sinful in them, if they did it upon such tearms; yet was it a ground so much the more justifiable for the Army to proceed upon to the dis-interessing of them, as they did. For when religious men breake out of the way of righteousnesse and truth, with the renitency and obmurmuration of their judgements and consciences, it is a signe that their judgements and consciences are yet at liberty, and in a condition to reduce them. But when these are confederate with their lust, there is little hope of their repentance. But

Fifthly (and lastly, for this) whereas the objection intimates some hard measure offered unto them, being men of conscience, and acting according to their judgements, the truth is, that I know not how the Army could walke towards them with a softer foot, to secure the liberties of the Kingdome, together with their owne lives and estates, against the menaces of their judgements and consciences, than they did.

A third grand Objection, wherewith some encounter that action of the Army, hitherto justified, is this: they therein (say these men) made themselves Covenant-breakers, and sinned against the Solemne Vow and Oath which they, or at least some of them, sware unto God with hands lifted up to Heaven, (if not with hearts also). In this Covenant they promised and sware, that they would endeavour with their estates and lives mutually to preserve the rights and priviledges of Parliaments, whereas by that violent dismembering of the Parliament, they brake and trampled upon them. To this we answer (more briefly).

First, That most certaine it is, that it is no right or priviledge of Parliament to Vote or Act in opposition to the benefit and good of the Kingdome, and those who have intrusted them. It is unpossible that anything that is sinfull, should be the right or priviledge of any person, or society of men under Heaven. Therefore if the Army did nothing more, but only restraine from acting in such a way, they did not herein violate a Right or priviledge of Parliament.

If it be replied, that though it be no right or priviledge of Parliament to Vote or Act contrary to their trust; yet it is a right and priviledge belonging to this house, that, in case any of the Members shall at any time so act, or vote, they should not bee questioned, or suffer for so doing; at least not by any other power, but by that of the House itselfe only; To this also I answer.

1. By concession, that this is indeed a right and priviledge of Parliament, taking the word Parliament in a due and proper signification; viz. for a Parliament consisting of a competent number of men not dead to their trust, who are in a capacity of faithfulnesse and integrity to discharge the office and duty of a Parliament, in endeavouring at least to relieve the pressures and grievances of the people, to protect their liberties, &c. It is the manner of the holy Ghost himselfe in the Scripture, frequently to deny the common Name of things, to such particulars in every kinde, which are defective in those properties for use and service, which should be found in them, and which are found in other particulars of the same kind. Thus Paul expressely, Hee is not a Jew which is one outwardly, neither is that circumcision which is outward in the flesh: But hee is a Jew which is one inwardly; and circumcision is that of the heart in the Spirit, not in the letter, &c. So elsewhere: when yee come together into one place, this is not to eate the Lord’s Supper. This is not, &c. meaning, that as they went to worke, that which they did, deserved not the Name, of an eating of the Lord’s Supper. Therefore

2. By way of exception, I answer further, that if by Parliament, be meant any number of men whatsoever, chosen by the people into Parliamentary trusts, and sitting in that House, where Parliaments (truly and properly so called) use to assemble about the great affaires of the Kingdome, whether these men, or the major part of them, love the interest of the Kingdome, and be cordially affected to the liberties of the people, or no, I know no such right or priviledge of Parliament, as that specified. A Parliament that is unusefull and unserviceable for Parliamentary ends, is no more a Parliament, than a dead man, is a man, or a Virgin defloured, a Virgin. And as a dead man hath no right or priviledge of a man (truly so called) belonging to him, unlesse it be to be so ordered & dealt with, that he may not be an annoyance or offence unto others: so neither doe I know any right or priviledge of a Parliament indeed appertaining to a Parliament politically dead, and which is not animated with a spirit of faithfulnesse to the publique, unlesse it be to be so entreated and handled, that it may not destroy the publique Interest, or endammage their Trustees (the people) in their liberties. It is a rule in Logicke; that an argument drawn from termes of diminution, is of no validity, or force. As for example, when a man is dead, it doth not follow; that because he is a dead man, therefore he is a man, or hath the properties of a man, as that hee is rationall, risible, or the like. By the reason which rules in this principle or maxime, our Saviour denies that inference of the Jewes, who argued themselves to be the children or seed of Abraham, because they were his carnall seede, or came from him according to the flesh. If yee were Abraham’s children, saith hee to them, yee would doe the works of Abraham: implying, that because they did not the workes of Abraham, they were not his children (viz. in that proper and emphaticall sence, wherein the Scripture is ordinarily to be understood, when it speaketh of Abraham’s children, and of the great promises and priviledges belonging to them). In like manner the Apostle Paul, when hee speaks of the priviledges and blessednesse setled by promise upon Abraham and his seed, still understands the word, seed, not in that diminutive or equivocall sense, wherein it comprehendeth as well his carnall or wicked seede, as that of a more noble descent, but in that emphaticall, weighty, and appropriate sence, wherein it only signifieth the children of Abraham indeed, i. spiritually such, and who resemble him in his faith and holinesse. After the same manner, when either the lawes or people of the Land, in their accustomed discourse, (and consequently the Solemn League and Covenant) speake of rights and priviledges of Parliament, they (doubtlesse) doe not take the word, Parliament in an equivocall and comprehensive sence, wherein it may be extended to anything, which in any sence or consideration may be called a Parliament, but in an emphatical & restrained sence, viz. as it signifieth a politicall body, consistory, or court of men, chosen by the people into Parliamentary Trust, faithfully prosecuting and discharging the import of the Trust committed to them. If this property be wanting in them, they are but a Parliament so called, not having the worth or consideration, whereunto such Rights and Priviledges which are called, Parliamentary, either according to principles of reason and equity, or according to the intention of the first Donors or founders of them, doe belong or appertaine. The premisses considered, evident it is, that the Army did not violate or breake any the rights and priviledges of Parliament, properly, or Covenantly so called, when they reduced the Parliament to the true nature, dignity, and honour of a Parliament, by secluding such Members from it, who altered the property, and turned the glory of it into a lie.

2. Be it granted, that the Army stood bound by their Covenant and Oath, to preserve the rights and priviledges even of such Parliaments as that was, which they divided, yet they stood bound also by the same Covenant and Oath, to such a duty or engagement, the faithfull application of themselves whereunto, in the case in hand, did fairely both in the sight of God, and men, discharge them from that other obligation: even as the duties of circumcising, and of sacrificing, when the seasons appointed for them by the law, fell on the Sabboth, priviledged those from guilt in breaking the law of the Sabboth, who performed them on that day. It is a common rule avouched by the best of our Divines, and by the light of nature and reason itselfe, that when two duties or commands meete in such a streight or exigent of time, that they cannot both receive that honour of observance, which belongs unto them, that which in the judgement of the Law-giver is the greater, ought to be observed, and the lesser to give place, for the time. Now in that Covenant and Oath which the objection speaketh of, there are these two duties or engagements (amongst others) imposed upon those, who take it. 1. An endeavour to preserve the rights and priviledges of Parliament. 2. The like endeavour to preserve THE LIBERTIES OF THE KINGDOME. The Covenant in both these, as in all other particulars contained in it, the takers of it stand bound by the expresse tenour thereof (in the sixth Article) to promote according to their power against all lets and impediments whatsoever: and what they are not able THEMSELVES TO SUPPRESSE or overcome, they shall reveal and make knowne, that it may be timely prevented or removed: all this they shall doe as in the sight of God. Which last words (compared with the words mentioned from the third Article) cleerely import, that the Covenanters stand bound, to promote the liberties of the Kingdome against all lets and impediments even in Parliaments themselves, if any be found there: yea and further suppose, that they may THEMSELVES SUPPRESSE and overcome what they are able (viz. of whatsoever opposeth the intent & end of the Covenant, which doubtlesse, was the benefit and good of the Kingdomes) especially when they know not where, or to whom to reveale or make knowne the obstructions they meete with, in order to any probable or likely prevention, or removall of them, in due time. Therefore if the duty of preserving or promoting the peace and liberties of the Kingdome, be greater, than that of preserving the rights and priviledges of the Parliament; and the Armie could not performe the former, without making such a breach as they did, upon the latter; evident it is, that in making this breach they are innocent and blamelesse. For the latter of these, it is cleare as the Sun from what was laid downe Sect. 21. that had not the Army interposed to such a breach of rights and priviledges, as is charged upon them, the peace of the Kingdome, had (in all human likelihood) been swallowed up in blood, and the liberties in oppression and tyranny. Concerning the former, there is full as little, or rather lesse, question. That common maxime, which rules especially in politicall affaires, Bonum quo communius, eò melius, the more common or extensive a good is, the greater or better it is, doth sufficiently confirme it. The preservation of the liberties of the whole Kingdome, is without peradventure a greater duty, than the maintenance or preservation of the liberties or priviledges only of a part of it; especially of such a part, which, for numbers, is inconsiderable. Besides, that which gives a kinde of sacred inviolablenesse unto the rights and priviledges of Parliament, is that typicall relation which they beare to the rights, priviledges, and liberties, of the Kingdome, and Common-wealth. New types are alwayes inferiour to the things imported, and represented by them, as servants are unto their Masters; and when they occasion, or threaten any damage, to their anti-types, they may and ought so far to suffer a defacement, as the brasen serpent was beaten to powder by Hezechiah, when it occasioned Idolatry against him, whom it represented.

Thirdly (and lastly) suppose there had beene no expresse clause in the Covenant, injoining the preservation of the liberties of the Kingdome, as well as of the rights and priviledges of Parliament, yet had the Army a more than warrant sufficient to have stood up for the preservation of them, as they did, and that without any breach of Covenant. Men by the tenure of their very lives and beings, which they hold of the God of nature, their great Creator, stand bound to obey the Lawes of nature, and that against all other obligations or bonds whatsoever: yea, the truth is, that all other obligations cease in the presence of this, all Lawes, Covenants, and engagements besides, being homagers unto it. Now there is no Law of nature that speakes more plainely, or distinctly, than this; that the strong ought to stand by the weake in cases of extremity, and danger imminent, especially when reliefe cannot reasonably be expected from other hands. Nor is it credible that either the Covenant-makers, or the Covenanttakers, did thereby intend, either in the generall, any disobligation from the Lawes of nature, or from duties, otherwise than by the said Covenant, lying upon men: nor in particular, any such preservation of the rights and priviledges of parliament, which should be inconsistent with the liberties of the Kingdomes. And it is a common rule amongst Lawyers, for regulating the interpretation of Lawes, as likewise of all other Declarations of men by words, whatsoever; that the mind or intent of the speaker, is to be preferred before, and is more potent [and consequently rather to be obeyed] than his words.

Nor doth the Act of the Army in that dissociation of the Parliament under debate, colour, or shadow (in the least) with the act of the King, breaking into their House, and demanding which, and how many of their Members he pleased, to be sacrificed upon the service of his will. For

First, It was more civility in the Army, to deny admission, or entrance into the House, unto those Members, whose sitting there they judged of desperate consequence unto the Kingdome, than it would have been, by force and violence to have pulled them out from thence; which was the King’s act, in actu signato (as the Schoole men distinguish) though not in actu exercito, the providence of God and men comporting to prevent this. And we know the old saying,

  • Turpius eiicitur, quàm non admittitur, hospes. i.
  • A guest we like not, ’tis more commendable
  • To keep, than cast, out from our doores and table.

Secondly, The Members which the King sought to lay hold of, and to disparliament, were such, who THEN were (or at least were so looked upon by him) as the greatest Patrons and Protectors of the Kingdome’s Interest, and who, like the cloudy and fiery pillar of old, kept the Egyptian prerogative from comming at the Israelitish liberty, to destroy it. Whereas the Members, who were denied the House by the Army, were turned Proselytes to prerogative, and had renounced the Law and Doctrine of the people’s liberties. Therefore

Thirdly (and lastly) the cleare tendency of the Act of the King, was the violation of the Law of nature, by seeking to advance the will and power of one, or of some few, above, and against, the peace and comforts of many, whereas the act of the Army held a loyall conformity with the royall Law, the face of it being manifestly set to subject the power, interest and will of one, unto their lawfull Superiour, the just Interest or comfort of many. Therefore to goe about either to justifie the King’s act, by the act of the Army, or to condemne the act of the Army, by the King’s, is as if I should undertake to prove, that the night is lightsome, because the day is so, or that the day is darke, because the night is so.

A fourth objection in the mouthes of some, against which they conceive the Army cannot be justified in the businesse in question, is, that all such actions are contrary unto, and condemned by the Lawes of the Land. But to this objection, at least to the weight and substance of it, we have already answered over and over; and particularly have asserted and proved, First, that all human Laws and constitutions, are but of a like structure and frame, with the Ceremoniall Lawes of old made by God himselfe, which were all made with knees, to bend to the Law of nature, and necessity. Secondly, That it is to be presumed, that the intent of all Law-givers amongst men, is, notwithstanding any, or all their Lawes seemingly commanding the contrary, to leave an effectuall doore alwayes open for the common good, and in cases of necessity, to be provided for by any person, or persons, whatsoever. Thirdly, that all Lawes binde only according to the regular and due intentions of the Law-makers. Fourthly, that the Lawes of nature, and necessity, are as well the Lawes of the Land, as those commonly so called. Fifthly, that when any two Lawes encounter one the other in any such exigent, or straite of time, that both of them cannot be obeyed, the Law of inferiour consequence ought to give place to that of superior, and the duty injoined in this, to be done, though that required in the other, be left undone. We now adde,

First, That we charitably suppose, that there is no such Law of the Land, which prohibiteth or restraineth any man, or sort of men, from being Benefactors to the publique; especially from preserving the publique liberties in cases of necessity, when they stand in extremâ tegulâ, and are in imminent danger of being oppressed forever, there being no likelihood of reliefe from any other hand. And if there be no such Law as this, there is none that reacheth the case of the Army, no not in the criticall or characteristicall circumstance of it.

Secondly, That in case there be any such Law as this, that it is a meere nullity, and the matter of it no more capable of the forme of a Law, i. of an obliging power, than timber or stone is capable of information by a reasonable soule, which according to vulgar Philosophie, rather than the truth is, the proper forme of a man. The Lawes of nature and of common equity, are the foundation of all Lawes (truly and properly so called) and whatsoever venditateth itself under the name or notion of a Law, being built besides this foundation, wanteth the essence and true nature of a Law, and so can bee put equivocally such.

Thirdly, If there be a Law, which maketh force, offered to Magistrates, or persons in Authority, in any kinde, or any interrupting or disturbing them in their way, punishable; yet neither doth this evince the act of the Army, we so much speake of, to have been contrary to the Lawes. The reason is, because it is the constant genius and manner of Law-givers and of Lawes, to lay down only the general rule, and to conceal the exceptions; which they still suppose, are, or may be. Now the exception doth not breake the Rule, nor is it properly contrary to the rule, I meane, so as to evince a nullity, or crookednesse in, only it is not comprehended within the verge or compasse of the rule. All cases, saith the Roman Oratour and Statesman, are not provided for by written Lawes, but only those which are plaine, the exceptions being left out, or omitted. Consonant hereunto is that of Grotius: In Lawes prohibitorie, saith he, the words are commonly larger, than the minde or intent of the Law. Upon which occasion, that vertue, which the Grecians call ἐπιείκεια, we, Equitie, appeares to be most necessary in a Judge, or any other, to whom it shall appertaine to expound Lawes; the property hereof being as Aristotle long since observed, to rectifie [or right state] the Law, where it is defective, thorow the generality of it. By rectifying the Law, he meanes nothing else, but a limiting and restraining the binding force of it to cases intended by the Law-makers; together with an exemption of such cases from it, which upon grounds of reason and equity it may be conceived never were intended by them to be concluded in it. So that in some cases to presse and urge the rigorous extent of the letter of the Law, is to turne the waters of the Law into blood, and to overturne the true intent and meaning both of the Law, and Lawgiver, at once. Such urgings and pressings of Laws without due limitation, gave occasion to that Proverbiall saying in Tullie; that the Highest justice, is the Highest injustice. And the Imperiall Law itself makes him no better, than a transgressor of the Law, who fraudulently abuseth the sterne prerogative of the words contrary to the sense and meaning of the Law. And elsewhere: no reason of Law, or fairnesse of equity will indure it, that through hard constructions [of words] we should turne those things against the benefit of men, which were wholesomely brought in [amongst them] for their profit and good. Doubtlesse they stumble at this stone, who pretend to finde any such Law amongst the Lawes of the Land, by which the Army should be denied a liberty, or lawfulnesse of power to secure the peace and liberties of the Nation, by such a method and course, as they steered, necessity lifting up her voice, and crying unto them with such importunity, to doe it. For (as the aforementioned Grotius well observeth) amongst all the exceptions, which are tacitly included in Lawes, there is none, either more usually, or more justly admitted, than that which ariseth from necessity. By what we have argued, and related from learned and judicious men in this point, evident it is, both by the light of reason, as also from the testimony of very competent witnesses, that whatsoever the Lawes of the Land be, the Army could be no transgressors of any of them in standing up, and interposing as they did, to vindicate the publique liberties of their Nation, in such a case of necessity, as that before them.

A fifth Objection, wherewith some strengthen and comfort themselves against the deportment of the Army, hitherto justified, is this. The example of the fact must needs be of very dangerous consequence to the Kingdome. For by the same reason, and upon the same account, that the Army opposed the present Magistracy, and proceedings of the publique affaires amongst us, any other party of men, making, and finding themselves strong enough for the undertaking, may at any time attempt the like disturbance, and confusion: and so the Kingdome shall be alwayes in danger of the like combustions and broiles. I answer,

First, That the lawfulnesse or goodnesse of an action is not to be measured or judged, but by what may follow upon it, by way of sequell or event, by what is like to follow upon it, and this not by accident, or by misconstruction, but according to the native tendency, proper ducture, and inclination of it. It is wittily said by one, that he that goeth about to read the badnesse, or goodnesse of an action by the event, holds the wrong end of the booke upward. Christ did not amisse in giving a sop to Judas, though presently upon the receiving of it, the Devill entered into him, and prevailed with him to betray him very suddenly. Nor would it argue anything amisse in what the Army did, though never so many troubles, and tumultuous risings of people should breake out upon pretence of it. The reason is, because, as the grace of God itselfe, though a thing of most incomparable sweetnesse and worth, may neverthelesse be (yea, and daily is) turned into wantonnesse, and much sin and wickednesse occasioned by it in the World; so, and much more, may the most worthy actions and services of men, bee compelled to pretence the worst and vilest deedes that lightly can bee perpetrated. Therefore,

Secondly, Suppose the Army should have apprehended, not only a possibility, but even a probability, that that fact of theirs we speake of, would beget out of its owne likenesse, and occasion disturbances of quite another genius and spirit from itselfe; yet might it have been sinfull and unworthy in them notwithstanding, to stand still, and not to have acted as they did. The reason is, because when seed time is come, men must not observe the windes; nor regard the clouds, when it is time to reape. As men must not doe evill, that good may come of it, so neither must they forbeare the doing of good, because evill may come of it. Men are bound to sow the seed of good actions, though they had some cause to feare that an increase of Dragons would spring from it. But,

Thirdly, That no action of any bad consequence to the Kingdome, can truly plead legitimacy of descent from this of the Army, is evident thus. Where there is not a concurrence of the same circumstance (I meane, either formally, or equivalently the same) there can be no place for exemplarinesse, or likenesse of action. And when there is, or shall be, the like politicall constellation with that, under which the Army acted, the like action cannot in the direct and native tendency of it, be of any ill consequence to the Kingdome. The killing of a man by Titius being assaulted, and in his owne defence, is no ground, so much as in colour or pretence for Sempronius to slay a man travelling peaceably by him on the way.

Fourthly, Nor is it like, that the action of the Army wee speake of, should by any back doore of misconstruction whatsoever, let in mischiefe or disturbance into the Kingdome; considering that it was performed and done, in due order to such a provisionall settlement of affaires in the Kingdome, that as far as is possible, there may, neither occasion be given, on the one hand, nor opportunity left, on the other, to any party or number of men, to attempt any interrupture, distraction, or disturbance therein. Therefore, to pretend or plead, that the said action of the Army, is like to cause future trouble or disturbance in the Nation, is as if a man should say, that to build an house strong, walls, doores, and windows, were of dangerous consequence to invite theeves to asault, and break into it.

Fifthly (and lastly) The action of the Army is not disparageable by any possibility or likelihood of evill, that it may occasionally bring upon the Kingdome afterwards, more than the preservation of a man from imminent death is reproveable, because by it he is occasionally exposed to die another time. They who conceive that it had been better for the Kingdome, and more conducing to the peace of it in after times, that the Army should have sat still, and not interpose, as they did, argue at no better rate of reason, than I should doe, in case I should perswade my friend being dangerously sick, not to use the helpe of a Physitian for his recovery, because in case he did recover, his recovery might prove a probable occasion of more sicknesse unto him afterwards.

  • Quis furor est, ne moriare, mori? i.
  • What madnesse is’t, through feare of future death,
  • To wish myselfe deprived of present breath?

If the Army had not applied that plaister of steele to the boile, or plague sore of the Kingdome, which they did, there had been little, or no hope of the recovery thereof, from that politicall death, the symptomes whereof, had so strongly seized the vitall parts of it. So that though the cure, in processe of time should prove an occasion of a relapse, or bring the like distemper againe upon it; yet, as Hezechiah was not without cause thankfull unto God, who made an addition of fifteene yeares unto his life, after his sicknesse unto death, though this addition did not excuse him from dying afterwards. So shall the people of the Nation have just cause of thankfulnesse unto the Army for those dayes of freedome and peace, be they fewer, or be they more, which they shall enjoy, though slavery and oppression should returne upon them afterwards like clouds after the raine.

Another Objection, deemed by some impregnable, and above answer, is framed by way of inference from Rom. 13.1,2. Let every soule be subject to the higher powers—Whosoever therefore resisteth the power, resisteth the Ordinance of God: and they that resist, shall receive to themselves damnation. From hence the Army are concluded Transgressors, and liable to condemnation, because they resisted the higher powers; and therein, the Ordinance of God. But with this Objection we are not behinde hand, having given a sufficient answer unto it already, the substance of it being nothing but what the second Objection offered. Notwithstanding because we desire to give heaped measure of satisfaction, especially to such arguments, which pretend to the Scriptures; we thought it not amisse to lay the words themselves before you, out of which the objection is framed, and so to give in the surplussage of a further answer unto it. Therefore

1. We answer, by distinguishing (with the Ministers of Scotland, in their briefe Theses de Majestatis jure) betweene the power of Magistrates, and the abuse of this power. The power (say they) is from God, and so his ordinance, but not the abuse of it. Yea, hee no whit more allowes the abuse of a lawfull power in one Tyrant, than [the use of] an unlawfull power in another. So that if it were the abuse only of a lawfull power, which the Army resisted, they resisted no Ordinance of God, nor are they, for such an act, made liable to any condemnation by the Scripture mentioned. Now that it was not any power, but the abuse of power, which the Army resisted, hath been more than once, clearly enough evicted in this Apologie; and is further evidenced from hence; no other power, but that which is Parliamentary, can be pretended to have been resisted by them, in that act so often mentioned. But that they did not resist this power, but the abuse of it only, appeares; 1. Because this power remaines at this day quiet and undisturbed, in the midst of them. Yea 2. Their great care and desire is, to settle this power upon better terms for the due government of the Nation, than those, on which it hath been continued hitherto.

If it be said, that the Parliamentary power now in being, is no lawfull power, because it is under force; I answer, 1. that it is no more under force, than it was, whilst all the Members now secluded, had free liberty to sit and vote in that House. The same Army, which is now pretended to overawe, or keep under force the present Parliament, was as neer, and did as much to the Parliament then, in matter of force or awe, as now it is, or doth. Therefore if it were a lawfull power then, it is no lesse lawfull now. 2. Nor is the Parliament at this day under any more force, by reason of the Army, than it was for the space of about two years together before, by reason of the continuall tumultuous engagements and practices, both in City and Countrey. Nay 3. I verily believe, that if the Members of Parliament now sitting, would please to declare themselves upon the point, they would acknowledg and confesse, that they are as free from force, or feare (at least in respect of the Army) now, as they have beene at any time since their first meeting in their House. But to the maine objection in hand, I answer.

2. The ordinance of God in Magistraticall power, being the adequate foundation, upon which that subjection, or obedience, which he requireth of men unto it by his command, is, and ought to be built; evident it is, that this subjection is not commanded or required to this power, beyond the ordinance of God in it; i. unto any act, or injunction of men invested with this power, which swerveth from, especially which opposeth, this ordinance of God (in the end and intent of it). Now the end and intent of the ordinance of God in magistraticall power, being (as the Apostle cleerly asserteth, vers. 4.) the good of those that are subject to it [For he is the Minister of God to thee, for good] it is evident yet further, that there is no subjection commanded by God unto any higher power, further, or otherwise, than they act and quit themselves in a due order and proportion to the good of men. And where subjection is not commanded, resistance is not prohibited; and consequently, is not unlawfull. For where there is no law, there is no transgression. Therefore if those higher powers, the resistance whereof the objection chargeth upon the Army, were found acting, and apparantly bent to act on, in a way of manifest prejudice and opposition to the good of those from whom they expected subjection (which I presume, is little questionable to him; that hath read and weighed the premisses) and consequently, quite besides the end and purport of the ordinance of God, the Army, in that resistance which they made against them, transgressed no law, or precept of God.

Nor doth it follow from anything that had been said, that a Magistrate for every errour in the administration of his power, may be deposed from his place of Magistracy by any party of men: but this is that, which only followes, that, when the supreame Magistracy of a Kingdome shall be so farre, whether blinded in judgement, or corrupted in affection, that such counsels and actings put forth themselves in them from time to time, which are apparantly detrimentous and destructive to the generall and great interest of the due liberties of the people, reasonable security may be taken of them by any party of this people, having the opportunity, and all others wanting it, that they shall proceed and act no further in such a way.

3. (And lastly) that resisting the ordinance of God in the Higher Powers, which the Apostle (in the Scripture in hand) condemneth, Is not a detaining of men in Authority, though with a strong hand, from doing mischiefe in their places; but either (as was formerly said) a refusing obedience unto their lawful commands, or awards: or rather a complotting or attempt-making to shake off the yoke of all obedience unto civill Magistracy. Calvin upon the place seemes to incline to the latter; Paraeus, unto the former, whose words are these: Yet every disobedience is not to be termed rebellion, or resistance; but only that, which out of malice is practised, or admitted, contrary to the lawes, by those, who refuse to satisfie the law, by suffering such punishment, as they have deserved. If either of these interpretations of the place be admitted, certain it is, that it reflects no bad colour at all upon the action of the Army; who neither refused obedience in what they did to any command (much lesse to any lawfull command) of their Superiours, nor yet declined the giving of satisfaction unto the lawes, by refusing to suffer any punishment, which they had deserved. Paraeus layes downe this position upon the place, and maintaines it by argument; viz. That it is lawfull for subjects, though meere private men, in case a Tyrant shall assault or set upon them, as Thieves use to doe, and offer them violence, in case they want opportunity to implore the ordinary power for their reliefe, and can by no other means escape the danger, to defend themselves and theirs, in the case of present danger, against this Tyrant, as against a private robber upon the highway.

But concerning the true sence of the place, Calvin’s apprehensions are of best comportance with the words; which properly and primarily speake of magistraticall power or Authority in the abstract, and this under such a circumscription and consideration only as it proceeds from, and is authorized by God, and not of the persons of Magistrates at all, otherwise than they administer this power in a regular and due order to the end intended by God in it, which is (as hath beene shewed from vers. 4.) the good of those, that live under it. First, he doth not say, let every soule be subject to the higher Magistrates, but, to the higher powers. 2. Nor doth he say, There is no Magistrate, but of God; but, there is no power but of God. Nor 3. doth he say, the Magistrates that are, but, the powers that are, are ordained of God. Nor 4. Whosoever resisteth the Magistrate, but, whosoever resisteth the power, resisteth the ordinance of God: and they that resist [viz. the power, not the person] shall receive to themselves damnation. 5. He demands, Wilt thou then not be affraid of the power? not, of the Ruler or Magistrate. Chrysostome takes speciall notice of these expressions, and thereupon commentarieth the place, thus: What sayest thou [Paul] Is then every Ruler ordained by God? No, saith he, I say not so: nor doe I now speake of particular Rulers, or Magistrates, but of the thing [or, matter] itself [i. of the order, or power of ruling]. For that there should be powers [or Magistracy] and that some should rule, and some be ruled, and that all things should not runne loosely and hand over head, or the people bee like the waves [of the Sea] carried hither and thither, I affirme it to be the worke of the wisedome of God. Pareus himselfe likewise carrieth the words directly to the same point. Hee names powers, (saith hee), rather than Kings, Princes, &c. because he would bee understood to speake, not so much of the persons, as of the order. [or ordinance itselfe of ruling] For in the persons [of Rulers] vice oft times, and causes of not obeying, are found: therefore he would have the powers, to be differenced from the persons.

It is true, the Apostle names Rulers, ver. 3. where he saith, Rulers are not a terrour to good workes, but to the evill. And ver. 4. of the Magistrate or Ruler he saith, that hee is the Minister of God to thee for Good; and afterwards, that he is a revenger to execute wrath upon him that doth evill. But evident it is, that in these passages, hee speakes of Rulers and Magistrates not simply, or at large, but under the precise consideration of persons exercising the power, which they have received, in a due subordination unto God, and with a single eye to the procurement of that good, which God intended unto those, who are to obey, in his ordination of such powers. So that nothing can be more cleere, than that the adequate scope of the Apostle, in the Scripture before us, was to perswade Christians to owne, and to subject themselves unto, civill Authority, as the ordinance of God, so farre, and in such cases, as it should be administered by the persons invested in it, in a regular and due proportion to the benefit and good of those. i. of those communities of men respectively, who live under them; and from whom obedience and subjection are, upon such an account, due unto them. This supposed, we may safely, and without the least occasion of scruple, conclude, that there is nothing appliable in the Scripture in hand, to the case of the Army hitherto argued; unlesse (haply) it should be supposed (and the supposition will not be altogether without ground) that the Apostle inforcing subjection unto civill Authority, meerely as, or because, the ordinance of God, and as administered according to the gracious intentions of the founder and ordainer of it, tacitly, and in a consequentiall way, implieth a liberty in men to decline this subjection, when the administrations of it are irregular, and the gracious intentions of God violated in them. For in many cases, when an action is pressed in the nature of a duty, upon a speciall consideration or ground, the consideration failing, the action loseth the nature and relation of a duty. Now if this supposition be admitted, it is a cleare case, that the Scripture under debate, is altogether with, and not at all against, the Army.

I know nothing of moment, that can be opposed against the lawfulnesse of the action, hitherto apologised and justified in these papers, beyond what hath been already bought and sold (I meane, urged, and answered) at sufficient rates. The lawfullnesse of the action we speake of, being supposed, the honour and worth of it are of much more easie demonstration. For what better favour can a Christianly-heroique Spirit spread abroad of itselfe, than when men shall put their lives in their hand, and in this posture stand up to take Lions by the beards, when they are ready to teare in peeces, and devoure the Sheepe of the fold? To attempt the wresting of an Iron Sceptre out of those hands, which were now lifting it up to breake a poore Nation in peeces like a potter’s vessell? What the Army hath done in this behalfe, calleth to minde the unparallelable example of the Lord Jesus Christ, blessed forever, who descended into the lower parts of the Earth, went downe into the chambers of death, from thence to bring up with him a lost World. It was the saying of Plato, that to doe good to as many as we can, is to be like unto God. But to doe good to as many as we can, as well enemies, as friends, by an exposall of our owne lives unto death for the accomplishment of it, is a lineament of that face of divine goodnesse, which Plato (it is like) never saw. It was the manner of almost all Nations (as the Roman Orator observeth) to place the Assertors of their Countries’ liberties, next to the immortall Gods themselves, at the Table of honour. And I make no question, but when the Inhabitants of this Nation shall have dranke a while of the sweet waters of that Well of liberty, which the Army have digged and opened with their Swords, after it had been for a long time stopped and filled up with earth by the Philistines, they will generally recover that Malignant feaver, which now distempereth many of them, and be in a good posture of sobriety and strength to rise up early, and call their Benefactors, Blessed. However, the good will of him that dwelt in the Bush, be upon the head of such Warriors, who pursue that blessed victory of overcomming evill, by doing good; and according to the method of the warfare of Heaven, seeke to reconcile a Nation unto themselves, by not imputing their unthankfulnesse, or other their evill intreaties unto them, but in the midst of their owne sufferings from them, set themselves with heart and soule to set them at liberty from their Oppressors.

finis.

Endnotes

1.

William Prynne, “The Soveraign Power of Parliaments and Kingdomes: divided into foure parts” (London, 1643), Wing P4088; William Prynne, “The Soveraigne Power of Parliaments and Kingdoms, or, Second Part . . . wherein the Parliaments and Kingdomes Right and Interest in, and Power over the Militia . . . ,” Wing P4088.

2.

“A new Remonstrance and Declaration from the Army; and their Message for the conducting of His Majestie’s Royall person from the Isle of Wight to his Palace of Westminster” (London, 18 November 1648), Wing N740.

3.

This is the third, not the second point.

4.

“A new Remonstrance and Declaration from the Army.”

 


 

T.177 (9.36) Anon., The Peoples Right briefly Asserted (15 January, 1649).

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Bibliographical Information

ID Number

T.177 [1649.01.15] (9.36) Anon., The Peoples Right briefly Asserted (15 January, 1649).

Full title

Anon., The Peoples Right briefly Asserted.
London, Printed for the Information of the Commonalty of England, France, and all other neighbor Nations, that groan under the oppression of Tyrannical Government. 1649.

Estimated date of publication

15 January, 1649.

Thomason Tracts Catalog information

TT1, p. 714; Thomason E. 538. (13.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

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The Peoples Right briefly asserted.

IT is the Judgment of Ancient, and the best of Modern Writers, That the Body of a People, represented in a Convention of elected Estates, have a true and lawful power to despose of things at pleasure, for their own Safety and Security; and in order to that, to despose of the King or Prince, if he neglect his Duty, or act contrary to that end for which he was at first ordained; for that Kings are constituted for the Peoples good, not the People made for a Kings pleasure, is a thing granted by all rational men.

That therfore Kings have been, and justly may be layd aside, or otherwise censured, when they fail of that Duty, Historians will give Examples in all Kingdoms; and Political Writers sufficient Reasons for such Examples: Of which multitude it is not needful to grasp all; but such as have happened in those Kingdoms which are neerest to England, both in Seituation and Constitution of Government. Nor is it probable that such Examples had been so frequent, had it not been generally thought a thing consonant to the laws of Nature and Reason.

The Kingdom of France hath heretofore, not only in the boast of her own Writers, but consent of others, been esteemed a Government of the best Constitution, (though of late years it hath lost, in a high degree, the just Liberty of the Nation,) and hath abounded with Examples of this kinde. It is not therefore incident only to those Kingdoms, where the King is apparently Elective, but Hereditary also, as France is accounted. For the People never lost, nor gave away their supream Power of making Election, when need required, even in such Kingdoms. For though inheritance in the Grown were tolerated, to avoyd ambitious Contentions, Divisions, Interregnums, and other inconveniences of Elections; yet when greater mischiefs happened, as Tyranny in Government, the People did still, retain to themselves a power of curing that Malady; namely, of expelling those Tyrants, and choosing good Kings in their room.

The Parliaments of France (saith Almonins) had so supream an Authority, that not only all Laws were by them made and established, Peace and War decreed, Tributes imposed, and Offices conferred, but Kings also were by the same Authority, for Riot, Sloth, or Tyranny, layd aside, thrust into Monasteries, or otherwise punished; and sometimes, by that Power, whole Royal Families were deprived of Succession to the Crown, even as they were at first advanced by the People. So that (saith be) By whose approbation they were at first preferred, by their dislike they were again reiected. But before we come to particular Instances, let us consider the Reasons.

Whosoever considereth that Kings and all Governors were instituted for the peoples happiness, and made by their consent, must needs acknowledg that end, to be first and especially looked into: And because Kings, as men, may stray from their right way, and fail of their Duty; therefore Laws were made for a Bridle to them: which were indeed no Bridle, if there were no power to apply them, and see the Execution done: Which hath made divers of the learned political Writers (for it is not the voyce of one) to wonder, that in Legitimate kingdoms (for we speak not of barbarous Tyrannies) any man should be so sortish, as to think or say, that private men should be enabled by the Law to sue the Prince for a small quantity of Land or Goods: and yet that the Representative Body of the whole People have not power to lay the Law against him for Barricide, massacring of the People, and Treason (for that is their word) against his whole Country, and the Being of the Laws themselves: that the Law should use any severity in small things: and give impunity, with absolute license, in the greatest and most heinous offences. And upon that point of a King offending against his People and Country, it is that Bartolus speake, when he proveth the whole People to be superior to the King, and Proprietary Lord of the kingdom: whereas the King is but as Steward and Administrator of it.

Therefore (saith he) A King may commit Treason against the People, and be a Traytor and Rebel to his Country: And may justly be diposed, and further punished, by that Lord against whom he hath offended, which is the People, and those who represent them. And if the King (saith he) go so far as to Arms and Force, those Representers are to call the People to Arms, and proceed against him, in all points, at against a publique enemy.

Hence came that old saying of wise men, That in the Nature of Man there are two Monsters, Anger and Lust: and that it is the Office of the Law to bridle these two, and subject them to the rule of Reason. He therefore that would (saith Buchanan) let loose a King, or any other Man, from the curb of the Law, doth not let loose one Man, but two Monsters, to affront Reason. To the same purpose Aristotle concludeth, that he, which obeyeth the Law, obeyeth God and the Law: but he that absolutely obeyeth a Kings will, obeyeth a Man, and a Beast.

The Law is more powerful then the King, as being the Governor and Moderator of his losts and actions: But the whole Body of the people are more powerful then the Law, as being the parent of it. For the People make the Law, and have power when they see cause, to abrogate or establish it. Therefore seeing that the Law is above the King, and the People above the Law: it is concluded as a thing out of question, by Buchanan, Innius, and many others, that the People of right have power to call in question, and punish a King for transgressing the Law.

If you look after examples, you may find many in almost all the legitimate Kingdome that are known. Certain it is that the French, by authority of their publike Convention or Parliament, deposed Childerike the &illegible; Sigibert, Theodoriko, and Childerike the third for their Tyranny and unworthiness, and set up some of another Family in their &illegible; some of them for being too much governed by wanton and wicked Favourites, esteeming it all one, whether himself were extream vicious, or ruled by them that were so. &illegible; the same Representative authority, in conventions of the whole people (which were not much unlike the French or English Parliaments) were two Emperors of Germany deposed, Adolphus and Wenceslaus, though not so much bad Princes, as not good enough: The like hath been done in Denmark, and in &illegible; with divers other Kingdome in Europe, as Hungary, Spain, Portugal, Bohemia, testified by good and authentick Historians.

But in the Kingdom of Scotland their own Historian George Buchanan expresseth in plain terms, that he could name above a dozen Kings of Scotland, who, for their bad Reigns, were either condemned to perpetual imprisonment: or else by banishment, or voluntary death, (which some of them chose) escaped the just punishment of their offences.

But least (saith he) any man should think I produce only old and obsolete examples of Kings long ago, such as were Culenus, Evenus, Ferchardus, and the like, I will instance one in the memory of our Fathers. James the third was by the General Consent of Parliament declared to be iustly slain for his cruelty, and wicked Raign; and it war ordered for the future, That none of those who had any hand, or gave assistance in his death, should over be questioned, or tainted with any ignominy. That thing therefore (saith he) which being already done, was iudged by the State to be well, and iustly done, was doubtlesly proposed as exemplary for the future. This James the third was slain in Chase, after a Battel, in which he was vanquished; where Buchanan expresseth, That the State made one War against him to destroy his wicked Councel; but the second War was to destroy the King himself, as being incorrigible.

This Restraint of Regal License the same Author confidently praiseth in his Nation, as a thing not only good and wholesom for the People, but profitable for the Kings themselves, and advantagious to their Posterities, alledging that for a main Reason, Why the Crown of Scotland hath continued the longest of any Crown in one Family, whereas other Crowns in Europe have been often changed from one rate to another.

England hath not wanted examples in this kind though they have not been so frequent as in Scotland; two of the greatest note were Edward the second, and Richard the second, whose unfortunate Raigns are so generally known, and have so often upon this sad occasion in present been produced as instances, that it were needless to dwell upon the particulars of them; therefore I only name them, and forbear also particularly to &illegible; how far some other deviating Princes, as King Iohn, and Henry the third, have been restrained by Parliaments; and how much the best of Englands Princes, such as Edward the first, Edward the third, and Henry the fifth, have freely yeelded to the Controul of that high Court, and thought it no dishoner to them.

Examples also of this kind have happened, and are averred by good Authors, concerning the Popes themselves; namely, that the Cardinals, upon some special occasions, may, without the consent of the Pope, call a Councel, and judg him by it, if by any great and notorious sin he become a scandal to the Universal Church, and be incorrigible, since Reformation is as necessary in the Head, as in the Members; if contrary to his Oath he refuse to call a General Councel, &c. But certain it is, that some of them have been deposed by authority of a Councel. This is (saith Baldus) in case the Pope be very obstinate: &illegible; first, Exhortatione must be used; secondly, more severo &illegible; and last of all, plain force; and where no wisdom can prevail by Councel, force of arms must be the remedy to &illegible; him. If the &illegible; by consent of almost all the learned men, and many examples in fact, it appear, that a Councel may justly depose a Pope, who calleth himself King of Kings, and &illegible; &illegible; superiority above the Emperor, as the Sun is above the Moon, and more then that, an authority to depose Kings and Emperors when he &illegible; cause: Who may not as well great, that the publike Councel of a Kingdome may lawfully put down, and punish their King for extremity of mis government?

Concerning this power of the people in restraining wicked Princes, &illegible; in his book Contra Tyrannos, &illegible; notable inference upon a place in the Prophet &illegible; where the Prophet in the eleventh Chapter, and fourth verse, expresly declareth to the Kingdom of Iudah, that for the impiety and cruelty of King Manasses, the people were carryed away captive by the Assiyrians; upon which place (saith he) very learned Expositors suppose (for we must not think that they were unjustly punished) the people went guilty for not resisting the impiety and cruelty of their King.

But where this power of resisting a King, within the Realm of Judah, lay, whether in the seventy Princes, or more General Assemblies of State, (being a Government far different from ours,) I make no Judgment. For the Kings of Iudah raigned in a very absolute way, as far as we can perceive, and exercised a very Tyranny, being that Government which God gave them in his displeasure, for not being content to be honored with Gods immediate Government, administred by his inspired Prophets; but desiring a King as the Heathen had. But the Limitation of Monarchy is, better understood now by people in their own Countries, and by their own Laws, and therefore by English men in England, whose just Liberties cannot be altogether unknown to those that are wise in their neighbor Nations, who also have title to the same (or very like) Liberties. Neither can it be denyed (in this late sad and bloody &illegible; &illegible; but that the Parliament of England, if they had a lawful power to proceed in this War, have also a just power to despose of that Victory which God hath put into their hands, as they shall think best for the future security of the whole people, whom they represent: Nor is that security, by the Laws of Reason and Nature, to be made slightly, which hath cost the lives of so many thousands, and so vast an expence of Treasure for the purchase of it: And though they long suffered with patience the pressure of Tyranny heretofore, and moved more slowly to a Vindication then sharp necessity seemed to require, (as being not more afflicted with the sence of their wounds, then grieved to discover the hand that made them,) yet wise men will so censure of their past sufferings, and present actions, as neither to think the just Rights of English Freedom lessened by any length of patients, nor the King made more excusable by any continuance and increase of his offences.

FINIS.

 


 

T.178 (6.1) Anon., The humble Petition of firm and constant Friends to the Parliament (19 January 1649).

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T.178 [1649.01.19] (6.1) Anon., The humble Petition of firm and constant Friends to the Parliament (19 January 1649).

Full title

[Anon.,] To the Right Honourable, the Supreme Authority of this Nation, the Commons of England in Parliament assembled. The humble Petition of firm and constant Friends to the Parliament and Common-wealth, Presenters and Promoters of the Large Petition of September 11. MDCXLVIII.

Estimated date of publication

18 January 1649.

Thomason Tracts Catalog information

TT1, p. 715; Thomason 669. f. 13 (73.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Source

[Anon.], To the Right Honourable, The Supreme Authority of this Nation, the Commons of England in Parliament assembled. The humble Petition of firm and constant Friends to the Parliament and Common-wealth, Presenters and Promoters of the late Large Petition of September 11. 1648. (n.p., 19 January 1649).

Sheweth,

That having seriously considered how many large and fair opportunities this honourable House hath had within these eight yeers last past to have made this Nation absolute free and happy; and yet that until this time, every of those opportunies have (after some short space of hope) faded, and but altered, if not increased our bondage.

When we call to mind what extraordinary things the Army undertook (and this honourable House approved) in behalf of the liberties of the people, in the yeer 1647 and that nevertheless, the first fruits of their great and unexpected success, was a more oppressive Ordinance for enforcing of Tyths, than ever had bin before, and which hath bin severely executed, and is still continued, to the extreme vexation of Friends, and encouragement of Pulpit Incendiaries; And how that great and wonderful opportunities wasted it self away in contending with, and imprisoning of cordial Friends, or in tampering with known enemies, and at length ended in a most dangerous and bloudy war; whereas rightly applied, it might have given peace and security to the Nation for many Generations.

These things considered, although we exceedingly rejoyced in your just and excellent Votes of the 4. of this instant Ianuary, as a people who had long suffered the reproches of Sectaries & Levellers, for maintaining the supreme original of all just power to be in the people, & the supreme Authority of this Nation to be in this honourable House, (which our burnt Petitions, and that of Sept. 11. do fully witness. Yet since we understand, that within few daies after you admitted a message from the House of Lords, and gave an accustomed respect thereunto. We have bin very much troubled, how already the same doth essentially derogate from your foresaid Votes.

And since also, we have seen a printed Warrant of his Excellency the Lord General Fairfax, directed to his Marshal General, for suppressing of unlicensed Books and Pamphlets, authorising him (upon the oath of one witness) to take all persons offending into custody, and inflict upon them such corporal punishments, and levie such fines upon them, as your Ordinances impose; and not to discharge them, until after payment and punishment; And further, to make diligent search in all places where the said Marshal shall think meet, for unlicensed printing presses, employed in printing scandalous, unlicensed pamphlets. Books, &c and to seise and carry away such printing presses, &c. And likewise to make diligent search in all suspected printing houses, ware-houses, and other shops and places whatsoever, for such unlicensed books, &c. And in case of opposition, to break open (according to your Ordinances) all dores and locks, and to apprehend all persons so opposing and take them into custody, till they have given satisfaction therein. And all this by vertue of an order of yours of the fift of this instant Ianuary. Since we have seen this, we profess, we cannot but already fear the issue and consequence of those excellent Votes, nothing more dangerous to a people, than the mis-application of their supreme entrusted Authority; and therefore we entreat herein to be excused, though we appear herein, as in a cause of very great Importance.

For what-ever specious pretences of good to the Common-wealth have bin devised to over-aw the Press, yet all times fore-gone will manifest, it hath ever ushered in a tyrannie; mens mouths being to be kept from making noise, whilst they are robd of their liberties; So was it in the late Prerogative times before this Parliament, whilst upon pretence of care of the publike. Licensers were set over the Press, Truth was suppressed, the people thereby kept ignorant, and fitted only to serve the unjust ends of Tyrants and Oppressors, whereby the Nation was enslaved; Nor did any thing beget those oppressions so much opposition, as unlicensed Books and Pamphlets.

A short time after the begining of this Parliament, upon pretense of publike good, and at the solicitation of the Company of Stationers (who in all times have bin officiously instrumental unto Tyrannie) the Press again (notwithstanding the good service it immediately before had done) was most ungratefully committed to the custody of Licensers, when though scandalous Books from or in behalf of the Enemy then at Oxford was the pretended occasion; yet the first that suffered was M. Lawrence Sanders, for Printing without license, a book intituled, Gods Love to Mankind; and not long after, M. John Lilburn, M. William Larnar, and M. Richard Overton, and others, about books discovering the then approching Tyrannie; whilst scandalous Pamphlets nevertheless abounded, and did the greater mischief, in that Licensers have never bin so free to pass, as good men have bin forward to compile proper and effectual answers to such books and pamphlets: And whether Tyrannie did soon follow thereupon, the courses you were forced unto in opposition, and the necessities you were put upon for your preservation, will most cleerly demonstrate. And if you, and your Army shall be pleased to look a little back upon affairs, you will find you have bin very much strengthened all along by unlicensed Printing; yea, that it hath done (with greatest danger to the doers) what it could to preserve you, when licensed did its utmost to destroy you; and we are very confident, those very excellent and necessary Votes of yours fore-mentioned, had made you a multitude of enemies, if unlicensed printing had not prepared and smoothed your way for them, whereas now they are received with great content and satisfaction.

And generally, as to the whole course of printing, as justly in our apprehensions, may Licensers be put over all publike or private Teachings, and Discourses, in Divine, Moral, Natural, Civil, or Political things, as over the Press; the liberty whereof appears so essential unto Freedom, as that without it, its impossible to preserve any Nation from being liable to the worst of bondage; for what may not be done, to that people who may not speak or write, but at the pleasure of Licensers?

As for any prejudice to Government thereby, if Government be just in its Constitution, and equal in its distributions, it will be good, if not absolutely necessary for them, to hear all voices and judgements, which they can never do, but by giving freedom to the Press; and in case any abuse their authority by scandalous Pamphlets, they will never want able Advocates to vindicate their innocency. And therefore all things being duely weighed, to refer all Books and Pamphlets to the judgement, discretion, or affection of Licensers, or to put the least restraint upon the Press, seems altogether inconsistent with the good of the Commonwealth, and expresly opposite and dangerous to the liberties of the people, and to be carefully avoided, as any other exorbitancy or prejudice in Government.

And being so, we beseech you to consider how unreasonable it is for every man or woman to be liable to punishment, penal or corporal, upon one witness in matters of this Nature, for compiling, printing, selling or dispersing of Books and Pamphlets, nay to deserve even whipping (as the last yeers Ordinance, an Engine fited to a Personal Treaty) doth provide a punishment, as we humbly conceive, fit only for slaves or bondmen. But that this honourable House, that is now by an extraordinary means freed from that major part, (which degenerating from the true Interest of the people, were the unhappy authors of that Ordinance) and reduced to that minor part, which we alwaies hoped did really oppose the same, should now approve thereof, and of all other Ordinances of like nature; and not onely so, but in cases so meerly Civil, to refer the execution thereof to a Military power: This is that which in the present sense and consequence thereof, afflicts us above measure; because according to this rule, we may we know not how soon, be reduced under a military jurisdiction, which we humbly conceive, we ought not to be, and which above any thing in this world, we shall desire in this and all other cases for ever to avoid.

And therefore we most earnestly entreat. First, That as you have voted your selves the supreme Authority, so you will exactly preserve the same entire in it self, without intermixing again with any other whatsoever.

Secondly, That you will precisely hold your selves to the supreme end, the Freedom of the People; as in other things, so in that necessary and essential part, of speaking, writing, printing, and publishing their minds freely; without seting of Masters, Tutors, and Controulers over them; and for that end, to revoke all Ordinances and Orders to the contrary.

Thirdly, That you will fix us onely in a Civil Jurisdiction, refering the Military to Act distinct, and within it self, except in cases of warlike opposition to Civil Authority.

Fourthly, That you will recal that oppressive Ordinance for Tyths, upon treble damages; that so, as we have rejoyced in the notion, we may not have cause to grieve, but to rejoyce also in the exercise of your supreme Authority; and that the whole Nation in this blessed opportunity may receive a full reward of true Freedom for its large expense of bloud and treasure, and by your Wisdom and Fidelity, be made happy to all Future Generations.

Die Jovis, January 18. 1648.

The House being informed that divers Inhabitants within the Citie of London and Borough of Southwark, were at the Dore; they were called in, and then presented a Petition to this House; which after the Petitioners were withdrawn, was read, and was entituled, The humble Petition of firm and constant friends to Parliament and Common-wealth, the Presenters and Promoters of the late large Petition of Sept. 11. 1648.

Ordered by the Commons assembled in Parliament, that the said Petition be referred to the Committee appointed yesterday to consider of Petitions of this nature.

Hen. Scobell cler. Parl. Dom. Com,

The Petitioners being again called in, M. Speaker by command of this House gave them this answer. Gentlemen, The House have read your Petition, and have referred it to a Committee to consider of the matters of consequence therein; and have taken notice of your continued good affections to this House, and they have commanded me to give you thanks for your good affections, and I do accordingly give you thanks for your good affections.

Hen. Scobell Cleric. Parl. Dom. Com.

 


 

T.179 (6.2) John Rushworth, A Petition concerning the Draught of an Agreement of the People (20 January 1649).

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T.179 [1649.01.20] (6.2) John Rushworth, A Petition concerning the Draught of an Agreement of the People (20 January 1649).

Full title

John Rushworth, A Petition from His Excellency Thomas Lord Fairfax And the General Councel of Officers of the Army, To the Honourable, the Commons of England in Parliament assembled, Concerning the Draught of An Agreement of the People For a secure and present Peace, by them framed and prepared. Together with the said Agreement presented on Saturuday, Jan. 20. And a Declaration of his Excellency and the said General Councel, concerning the same. Tendered to the Consideration of the people. By the Appointment of the Generall Councel of Officers of the Army. Signed John Rushworth, Sec.
London, Printed for John Partridge, R. Harford, G. Calvert, and G. Whittington. 1649.

[Also known as "The Officers’ Agreement".]

The Tract contains the following parts:

  1. To the honorable the Commons of England in Parliament assembled; The humble Petition of his Excellency Thomas Lord Fairfax, and the General Councel of Officers of the Army under his Command
  2. AN AGREEMENT OF THE PEOPLE OF ENGLAND, And the places therewith INCORPORATED
  3. A Declaration of the Generall Councell of Officers of the Army

 

Estimated date of publication

20 January 1649.

Thomason Tracts Catalog information

TT1, p. 716; Thomason E. 539. (2.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

To the honorable the Commons of England in Parliament assembled;

The humble Petition of his Excellency Thomas Lord Fairfax, and the General Councel of Officers of the Army under his Command, concerning the Draught of An Agreement of the People, by them framed and prepared.

IN our late Remonstrance of the 18 of November last, we propounded (next after the matters of publike Justice) some Foundations for a general settlement of Peace in the Nation, which we therein desired might be formed and Established in the nature of a generall Contract or Agreement of the People; and since then, the matters so propounded be wholly rejected, or no consideration of them admitted in Parliament (though visibly of highest Moment to the Publique) and all ordinary Remedies being denyed, we were necessitated to an extraordinary way of Remedy; whereby to avoyd the mischiefs then at hand, and set you in a condition (without such obstructions or diversions by corrupt Members) to proceed to matters of publique Justice and general Settlement. Now as nothing did in our own hearts more justifie our late undertakings towards many Members in this Parliament, then the necessity thereof in order to a sound Settlement in the Kingdom, and the integrity of our intentions to make use of it only to that end: so we hold our selves obliged to give the People all assurance possible, That our opposing the corrupt closure endeavoured with the King, was not in designe to hinder Peace or Settlement, (thereby to render our employments, as Souldiers, necessary to be continued,) and that neither that extraordinary course we have taken, nor any other proceedings of ours, have been intended for the setting up of any particular Party or Interest, by or with which to uphold ourselves in Power and Dominion over the Nation, but that it was and is the desire of our hearts, in all we have done, (with the hindering of that imminent evil, and destructive conjunction with the King) to make way for the settlement of a Peace and Government of the Kingdom upon Grounds of common Freedom and Safety: And therefore because our former Overtures for that purpose (being only in general terms, and not reduced to a certainty of particulars fit for practise) might possibly be understood but as plausible pretences, not intended really to be put into effect, We have thought it our duty to draw out these generals into an intire frame of particulars, ascertained with such circumstances as may make it effectively practicable. And for that end, while your time hath been taken up in other matters of high and present Importance, we have spent much of ours in preparing and perfecting such a draught of Agreement, and in all things so circumstantiated, as to render it ripe for your speedier consideration, and the Kingdoms acceptance and practise (if approved,) and so we do herewith humbly present it to you. Now to prevent misunderstanding of our intentions therein, We have but this to say, That we are far from such a Spirit, as positively to impose our private apprehensions upon the judgments of any in the Kingdom, that have not forfeited their Freedom, and much lesse upon your selves: Neither are we apt in any wise to insist upon circumstantial things, or ought that is not evidently fundamental to that publique Interest for which You and We have declared and engaged; But in this Tender of it we humbly desire,

  • 1. That whether it shall be fully approved by You and received by the People (as it now stands) or not, it may yet remain upon Record, before you, a perpetual witness of our real intentions and utmost endeavors for a sound and equal Settlement; and as a testimony whereby all men may be assured, what we are willing and ready to acquiesce in; and their jealousies satisfied or mouths stopt, who are apt to think or say, We have no bottom.
  • 2. That (with all expedition which the immediate and pressing great affairs will admit) it may receive your most mature Consideration and Resolutions upon it, not that we desire either the whole, or what you shall like in it, should be by your Authority imposed as a Law upon the Kingdom, (for so it would lose the intended nature of An Agreement of the People,) but that (so far as it concurs with your own judgments) it may receive Your Seal of Approbation only.
  • 3. That (according to the method propounded therein) it may be tendred to the People in all parts, to be subscribed by those that are willing, (as Petitions, and other things of a voluntary nature, are;) and that meanwhile, the ascertaining of those circumstances, which it refers to Commissioners in the several Counties, may be proceeded upon in a way preparatory to the practise of it: And if upon the Account of subscriptions (to be returned by those Commissioners in April next) there appear to be a general or common Reception of it amongst the People, or by the well-affected of them, and such as are not obnoxious for Delinquency; it may then take place, and effect according to the Tenor and Substance of it.
And Your Petitioners shall pray, &c.
By the Appointment of his Excellency, and the general Councel of Officers of the Army.
Jo: Rushvvorth Secr’.

AN AGREEMENT OF THE PEOPLE OF ENGLAND, And the places therewith INCORPORATED, For a secure and present Peace, upon Grounds of Common Right, Freedom and Safety.

HAving by our late labors and hazards made it appear to the world at how high a rate we value our Just Freedom, And God having so far owned our cause as to deliver the Enemies thereof into our hands, We do now hold our selves bound in mutuall duty to each other to take the best care we can for the future, to avoyd both the danger of returning into a slavish condition, and the chargeable remedy of another War: For as it cannot be imagined, That so many of our Country men would have opposed us in this Quarrell, if they had understood their own good, so may we hopefully promise to our selves, That when our Common Right and Liberties shall be cleared, their endeavors will be disappointed, that seek to make themselves our Masters, since therefore our former oppressions, and not yet ended troubles, have been occasioned, either by want of frequent National Meetings in Councel, or by the undue or unequal Constitution thereof, or by rendering those meetings uneffectual. We are fully agreed and resolved (God willing) to provide, That hereafter our Representatives be neither left to an uncertainty for time, nor be unequally constituted, nor made useless to the ends for which they are intended.

In Order whereunto We Declare and Agree;

1. That to prevent the many inconveniencies, apparently arising from the long continuance of the same persons in supream Authority, this Present Parliament end and dissolve upon, or before the last day of April, in the year of our Lord. 1649.

2. That the People of England (being at this day very unequally distributed, by Counties, Cities and Burroughs, for the Election of their Representatives) be indifferently proportioned: And to this end, That the Representative of the whole Nation shall consist of four hundred persons, or not above; and in each County, and the places thereto subjoyned, there shall be chosen, to make up the said Representative at all times, the several numbers here mentioned; VIZ.

In the County of Kent, with the Burrough, Towns, and Parishes therein (except such as are hereunder particularly named) ten.    } 10
The City of Canterbury, with the Suburbs adjoyning, and Liberties thereof, two.    } 2
The City of Rochester, with the Parishes of Chatham and Strowd, one.    ] 1
The Cinque Ports in Kent and Sussex, viz. Dover, Rumney, Hyde, Sandwich, Hastings, with the townes of Rye and Winchelsey, three.  } 3
The County of Sussex, with the Burroughs, Towns and Parishes (therein except Chichester and the Cinque Ports) eight.  } 8
The City of Chichester, with the Suburbs and Liberties thereof, one.    ] 1
The County of Southampton, with the Burroughs, Towns and Parishes therein, except such as are hereunder named, eight.  } 8
The City of Winchester, with the Suburbs and Liberties thereof, one.    ] 1
The County of the town of Southampton, one.    ] 1
The County of Dorset, with the Burroughs, Townes and Parishes therein (except Dorchester) seven. } 7
The Town of Dorchester, one.    ] 1
The County of Devon, with the Burroughs, Towns and Parishes therein, except such as are hereunder particularly named, twelve.} 12
The City of Excester, two.    ] 2
The Town of Plymouth, two.    ] 2
The Town of Barnstaple, one.    ] 1
The County of Cornwall, with the Burroughs, Towns, and Parishes therein, eight.  } 8
The County of Somerset with the Burroughs, Townes and Parishes therein, except such as are hereunder named, eight.  } 8
The City of Bristoll, three.  ] 3
The Towne of Taunton-Deane, one.    ] 1
The County of Wilts, with the Burroughs, Towns and Parishes therein (except Salisbury), seven. } 7
The City of Salisbury, one.    ] 1
The County of Berks, with the Burroughs, Towns and Parishes therein, except Reading, five.    } 5
The Town of Reading, one.    ] 1
The County of Surrey, with the Burroughs, Towns, and Parishes therein, except Southwarke, five.    } 5
The Burrough of Southwarke, two.    ] 2
The County of Middlesex, with the Burroughs, Towns, and Parishes therein, except such as are hereunder named, four.    } 4
The City of London, eight.  ] 8
The City of VVestminster, and the Dutchy, two.    ] 2
The County of Hartford, with the Burroughs, Towns, and Parishes therein, six.     } 6
The County of Buckingham with the Burroughs, Towns and Parishes therein, six.     } 6
The County of Oxon, with the Burroughs, Towns, and Parishes therein (except such as are here under-named) four.    } 4
The City of Oxon, two.    ] 2
The University of Oxon, two.    ] 2
The County of Glocester, with the Burroughs, towns and Parishes therein (except Glocester) seven. } 7
The City of Glocester, two.    ] 2
The County of Hereford, with the Burroughs, towns, and Parishes therin (except Hereford) four.    } 4
The Citie of Hereford, one.    ] 1
The County of Worcester, with the Burroughs, towns, and Parishes therein (except Worcester) foure. } 4
The City of Worcester, two.    ] 2
The County of Warwicke, with the Burroughs, townes, and Parishes therein (except Coventrey) five.    } 5
The City of Coventrey, two.    ] 2
The County of Northampton, with the Burroughs, towns and Parishes therein (except Northampton) five.    } 5
The Town of Northampton, one.    ] 1
The County of Bedford, with the Burroughs, townes, and Parishes therein, foure. } 4
The County of Cambridge, with the Burroughs, towns, and Parishes therein (except such as are here under particularly named) foure. } 4
The University of Cambridge, two.    ] 2
The Town of Cambridge, two.    ] 2
The County of Essex, with the Burroughs, towns, and Parishes therein (except Colchester) eleven.} 11
The Town of Colchester, two.    ] 2
The County of Suffolk, with the Burroughs, Towns, and Parishes therein (except such as are hereunder named) ten.    } 10
The Town of Ipswich, two.    ] 2
The Town of S. Edmonds Bury, one.    ] 1
The County of Norfolk, with the Burroughs, Towns, and Parishes therein (except such as are hereunder named) nine.   } 9
The City of Norwich, three.  ] 3
The Town of Lynne, one.    ] 1
The Town of Yarmouth, one.    ] 1
The County of Lincoln, with the Burroughs, Towns, and Parishes therein (except the City of Lincoln, and the town of Boston) eleven.} 11
The City of Lincoln, one.    ] 1
The Town of Boston, one.    ] 1
The County of Rutland, with the Burroughs, Townes, and Parishes therein, one.    } 1
The County of Huntington, with the Burroughs, Towns and Parishes therein, three.  } 3
The County of Leicester, with the Burroughs, Townes and Parishes therein (except Leicester) five.    } 5
The Town of Leicester, one.    ] 1
The County of Nottingham, with the Burroughs, Towns and Parishes therein (except Nottingham) foure. } 4
The Town of Nottingham, one.    ] 1
The County of Derby, with the Burroughs, Townes, and Parishes therein (except Derby) five.    } 5
The Town of Derby, one.    ] 1
The County of Stafford, with the City of Lichfield, the Burroughs, towne and Parishes therein, six.     } 6
The County of Salop, with the Burroughs, towns, and Parishes therein (except Shrewsbury) six.     } 6
The Town of Shrewsbury, one.    ] 1
The County of Chester, with the Burroughs, townes, and Parishes therein (except Chester) five.    } 5
The City of Chester, two.    ] 2
The County of Lancaster, with the Burroughs, townes, and Parishes therein (except Manchester) six.     } 6
The town of Manchester, and the Parish, one.    ] 1
The County of Yorke, with the Burroughs, towns, and Parishes, therein, except such as are here under named, fifteen. } 15
The City and County of the City of Yorke, three.  ] 3
The Town and County of Kingston upon Hull, one.    ] 1
The town and Parish of Leeds, one.    ] 1
The County Palatine of Duresme, with the Burroughs, towns, and Parishes therein, except Duresme and Gateside, three.  } 3
The City of Duresme, one.    ] 1
The County of Northumberland, with the Burroughs, towns and Parishes therein, except such as are here under named, three.  } 3
The Town and County of Newcastle upon Tyne, with Gateside, two.    ] 2
The Town of Berwicke, one.    ] 1
The County of Cumberland, with the Burroughs, towns, and Parishes therein, three.  } 3
The County of Westmerland, with the Burroughs, towns and Parishes therein, two.    } 2
The Isle of Anglesey (with the Parishes therein) two.    ] 2
The County of Brecknock, with the Burroughs, towns, and Parishes therein, three.  } 3
The County of Cardigan, with the Burroughs and Parishes therein, three.  } 3
The County of Caermarthen, with the Burroughs and Parishes therein, three.  } 3
The County of Carnarvon, with the Burroughs and Parishes therein, two.    ] 2
The County of Denbigh, with the Burroughs and Parishes therein two.    ] 2
The County of Flint, with the Burroughs and Parishes therein, one.    ] 1
The County of Monmouth, with the Burroughs and Parishes therein, foure. } 4
The County of Glamorgan, with the Burroughs and Parishes therein, foure. } 4
The County of Merioneth, with the Burroughs and Parishes therein, two.    } 2
The County of Mountgomery, with the Burroughs and Parishes therein, three.  } 3
The County of Radnor, with the Burroughs and Parishes therein, two.    ] 2
The County of Pembroke, with the Burroughs, Towns and Parishes therein, foure. } 4

Provided, That the first or second Representative may (if they see cause) assigne the remainder of the foure hundred Representors, (not hereby assigned) or so many of them as they shall see cause for, unto such Counties as shall appear in this present distribution to have lesse then their due proportion. Provided also, That where any Citie or Burrough to which one Representor or more is assign’d shall be found in a due proportion, not competent alone to elect a Representor, or the number of Representors assign’d thereto, it is left to future Representatives to assigne such a number of Parishes or Villages neare adjoyning to such City, or Burrough, to be joyned therewith in the Elections, as may make the same proportionable.

3. That the people do of course choose themselves a Representative once in two yeares, and shall meet for that purpose upon the first Thursday in every second May by eleven of Clock in the morning, and the Representatives so chosen to meet upon the second Thursday in June following at the usuall place in Westminster, or such other place as by the foregoing Representative, or the Councell of State in the intervall, shall be from time to time appointed and published to the People, at the least twenty daies before the time of Election. And to continue their Session there or elsewhere untill the second Thursday in December following, unlesse they shall adjourne, or dissolve themselves sooner, but not to continue longer. The Election of the first Representative to be on the first Thursday in May, 1649. And that, and all future Elections to be according to the rules prescribed for the same purpose in this Agreement, viz.

  • 1. That the Electors in every Division, shall be Natives, or Denizons of England, not persons receiving Almes, but such as are assessed ordinarily, towards the reliefe of the poore; not servants to, and receiving wages from any particular person. And in all Elections, (except for the Universities,) they shall be men of one and twenty yeares old, or upwards, and housekeepers, dwelling within the Devision for which the Election is provided, That untill the end of seven yeares next ensuing the time herein limited for the end of this present Parliament, no person shall be admitted to, or have any hand or voice in such Elections, who hath adhered unto, or assisted the King against the Parliament, in any the late Warres, or Insurrections, or who shall make, or joyne in, or abet any forcible opposition against this Agreement.
  • 2. That such persons and such only, may be elected to be of the Representative, who by the rule aforesaid are to have voice in Elections in one place or other; provided, That of those, none shall be eligible for the first or second Representatives, who have not voluntarily assisted the Parliament against the King, either in person before the 14th. of June 1645. or else in Money, Plate, Horse, or Armes, lent upon the Propositions before the end of May 1643. or who have joyned in, or abetted the treasonable Engagement in London, in the year 1647. or who declared or engaged themselves for a Cessation of Armes with the Scots, that invaded this Nation, the last Summer, or for complyance with the Actors in any the insurrections, of the same Summer, or with the Prince of Wales, or his accomplices in the Revolted Fleete. And also provided, That such persons as by the rules in the preceding Article are not capable of electing untill the end of seven years, shall not be capable to be elected untill the end of foureteen years, next ensuing. And we do desire and recommend it to all men, that in all times the persons to be chosen for this great trust, may be men of courage, fearing God, and hating covetousnesse, and that our Representatives would make the best Provisions for that end.
  • 3. That who ever, by the two rules in the next preceding Articles, are incapable of Election, or to be elected, shall assume to vote in, or be present at such Elections for the first or second Representative, or being elected shall presume to sit or vote in either of the said Representatives, shall incur the pain of confiscation of the moyety of his Estate, to the use of the publike, in case he have any Estate visible, to the value of fifty pounds. And if he have not such an Estate, then shall incur the pain of imprisonment, for three months; And if any person shall forcibly oppose, molest, or hinder the people, (capable of electing as aforesaid) in their quiet and free Election of Representors, for the first Representative, then each person so offending shall incur the penalty of confiscation of his whole Estate, both reall and personall; and (if he have not an Estate to the value of fifty pounds,) shall suffer imprisonment during one whole year without Bayle, or mainprize. Provided, That the Offender in each such case, be convicted within three Months next after the committing of his offence, And the first Representative is to make further provision for the avoyding of these evills in after Elections.
  • 4. That to the end, all Officers of State may be certainly accomptable, and no factions made to maintain corrupt interests, no Member of a Councel of State, nor any Officer of any salary forces in Army, or Garison, nor any Treasurer or Receiver of publique monies, shall (while such) be elected to be of a Representative. And in case any such Election shall be, the same to be void. And in case any Lawyer shall be chosen of any Representative, or Councel of State, then he shall be uncapable of practice as a Lawyer, during that trust.
  • 5. For the more convenient Election of Representatives, each County wherein more then three Representors are to be chosen, with the Townes Corporate and Cities, (if there be any) lying within the compasse thereof, to which no Representors are herein assigned, shall be divided by a due proportion into so many, and such parts, as each part may elect two, and no part above three Representors; For the setting forth of which Divisions, and the ascertaining of other circumstances hereafter exprest, so as to make the Elections lesse subject to confusion, or mistake, in order to the next Representative, Thomas Lord Grey of Grooby, Sir John Danvers, Sir Henry Holcraft, Knights; Moses Wall Gentleman, Samuel Moyer, John Langley, William Hawkins, Abraham Babington, Daniel Taylor, Mark Hilsley, Richard Price, and Col. John White, Citizens of London, or any five, or more of them are intrusted to nominate and appoint under their Hands and Seales, three or more fit persons in each County, and in each Citie, and Borough, to which one Representor or more is assigned to be as Commissioners for the ends aforesaid, in the respective Counties, Cities, and Burroughs, and by like writing under their Hands and Seales shall certifie into the Parliament Records, before the fourteenth day of February next, the names of the Commissioners so appointed for the respective Counties, Cities, and Burroughs, which Comissioners or any three, or more of them, for the respective Counties, Cities, and Burroughs, shall before the end of February next, by writing under their Hands and Seales, appoint two fit and faithfull persons, or more in each Hundred, Lath, or Wapentake, within the respective Counties, and in each Ward, within the City of London, to take care for the orderly taking of all voluntary subscriptions to this Agreement by fit persons to be imploy’d for that purpose in every Perish who are to returne the subscriptions so taken to the persons that imployed them, (keeping a transcript thereof to themselves,) and those persons keeping like Transcripts to return the Originall subscriptions to the respective Commissioners, by whom they were appointed, at, or before the fourteenth of Aprill next, to be registred and kept in the County Records, for the said Counties respectively, and the subscriptions in the City of London, to be kept in the chief Court of Record for the said City. And the Commissioners for the other Cities and Borroughs respectively, are to appoint two or more fit persons in every Parish within their Precincts to take such subscriptions, and (keeping transcripts thereof) to return the Originalls to the respective Commissioners by the said fourteenth of Aprill next, to be registred and kept in the chief Court within the respective Cities and Burroughs. And the same Commissioners, or any three, or more of them, for the severall Counties, Cities, and Boroughs, respectively, shall, where more then three Representors are to be chosen, divide such Counties (as also the City of London) into so many, and such parts as are aforementioned, and shall set forth the bounds of such divisions, and shall in every County, City, and Borough (where any Representors are to be chosen) and in every such division as aforesaid within the City of London, and within the severall Counties so divided, respectively, appoint one certaine place wherein the people shall meet for the choise of their Representors, and some one fit Person or more inhabiting within each Borough, City, County, or Division, respectively, to be present at the time and place of Election, in the nature of Sheriffes to regulate the Elections, and by Pole, or otherwise, clearly to distinguish and judge thereof, and to make returne of the Person or Persons Elected as is hereafter exprest, and shall likewise in writing under their hands and Seales, make Certificates of the severall Divisions (with the bounds thereof) by them set forth, and of the certaine places of meeting, and Persons, in the nature of Sheriffes appointed in them respectively as aforesaid,1 and cause such Certificates to be returned into the Parliament Records before the end of April next, and before that time shall also cause the same to be published in every Parish within the Counties, Cities, and Boroughs respectively, and shall in every such Parish likewise nominate and appoint (by Warrant under their hands and Seals) one Trusty person, or more, inhabiting therein, to make a true list of al the Persons within their respective Parishes, who according to the rules aforegoing are to have voyce in the Elections, and expressing, who amongst them are by the same rules capable of being Elected, and such List (with the said Warrant) to bring in, and returne at the time and place of Election, unto the Person appointed in the nature of Sheriffe, as aforesaid, for that Borough, City, County, or Division respectively; which Person so appointed as Sheriffe being present at the time and place of Election; or in case of his absence by the space of one houre after the time limited for the peoples meeting, then any Person present that is eligible, as aforesaid, whom the people then and there assembled shall chuse for that end, shall receive and keep the said Lists, and admit the Persons therein contained, or so many of them as are present unto a free Vote in the said Election, and having first caused this Agreement to be publiquely read in the audience of the people, shall proceed unto, and regulate and keep peace and order in the Elections, and by Pole, or otherwise, openly distinguish and judge of the same: And thereof by Certificate, or writing under the hands and Seales of himself, and six or more of the Electors (nominating the Person or Persons duly Elected) shall make a true returne into the Parliament Records, within one and twenty dayes after the Election (under paine for default thereof, or for making any false Returne to forfeit one hundred pounds to the Publique use.) And shall also cause Indentures to be made, and interchangeably sealed and delivered betwixt himselfe, and six or more of the said Electors on the one part, and the Persons, or each Person Elected severally on the other part, expressing their Election of him as a Representor of them, according to this Agreement, and his acceptance of that trust, and his promise accordingly to performe the same with faithfulnesse, to the best of his understanding and ability, for the glory of God, and good of the people.

This course is to hold for the first Representative, which is to provide for the ascertaining of these Circumstances in order to future Representatives.

4. That one hundred and fifty Members at least be alwaies present in each sitting of the Representative, at the passing of any Law, or doing of any Act, whereby the people are to be bound; saving, That the number of sixty may make an House for Debates, or Resolutions that are preparatory thereunto.

5. That each Representative shall within twenty dayes after their first meeting appoint a Councell of State for the managing of Publique Affaires, untill the tenth day after the meeting of the next Representative, unlesse that next Representative thinke fit to put an end to that trust sooner. And the same Councell to Act, and proceed therein, according to such Instructions and limitations as the Representative shall give, and not otherwise.

6. That in each intervall betwixt Bienniall Representatives, the Councell of State (in case of imminent danger, or extreame necessity) may summon a Representative to be forthwith chosen, and to meet; so as the Session thereof continue not above foure-score dayes, and so as it dissolve, at least, fifty dayes before the appointed time for the next Bienniall Representative, and upon the fiftyeth day so preceeding it shall dissolve of course, if not otherwise dissolved sooner.

7. That no Member of any Representative be made either Receiver, Treasurer, or other Officer, during that imployment, saving to be a Member of the Councell of State.

8. That the Representatives have, and shall be understood, to have, the Supreame trust in order to the preservation and Government of the whole, and that their power extend, without the consent or concurrence of any other Person or Persons, to the erecting and abolishing of Courts of Justice, and publique Offices, and to the enacting, altering, repealing, and declaring of Lawes, and the highest and finall Judgement, concerning all Naturall or Civill things, but not concerning things Spirituall or Evangelicall; Provided, that even in things Naturall and Civill these six particulars next following are, and shall be understood to be excepted, and reserved from our Representatives, viz.

  • 1. We doe not impower them to imprest or constraine any Person to serve in Forraigne Warre either by Sea or Land, nor for any Millitary Service within the Kingdome, save that they may take order for the the forming, training and exercising of the people in a Military way to be in readinesse for resisting of Forrain Invasions, suppressing of suddain Insurrections, or for assisting in execution of Law; and may take order for the imploying and conducting of them for those ends; provided, That even in such cases none be compellable to goe out of the County he lives in, if he procure another to serve in his roome.
  • 2. That after the time herein limited for the commencement of the first Representative, none of the people may be at any time questioned for any thing said or done in relation to the late Warres, or publique differences, otherwise then in execution or pursuance of the determinations of the present House of Commons against such as have adhered to the King, or his interest against the people: And saving that Accomptants for publique monies received, shall remaine accomptable for the same.
  • 3. That no securities given, or to be given by the Publique Faith of the Nation, nor any engagements of the Publique Faith for satisfaction of debts and dammages, shal be made void or invalid by the next, or any future Representatives; except to such Creditors, as have, or shall have justly forfeited the same; and saving, That the next Representative may confirme or make null, in part, or in whole, all gifts of Lands, Monies, Offices, or otherwise, made by the present Parliament to any Member or Attendant of either House.
  • 4. That in any Lawes hereafter to be made, no person, by vertue of any tenure, grant, Charter, patent, degree or birth, shall be priviledged from subjection thereto, or from being bound thereby, as well as others.
  • 5. That the Representative may not give judgement upon any mans person or estate, where no Law hath before provided; save onely in calling to Account, and punishing publique Officers for abusing or failing their trust.
  • 6. That no Representative may in any wise render up, or give, or take away any the Foundations of common Right, Liberty and Safety contained in this Agreement; nor levell mens Estates, destroy Propriety, or make all things common: And that in all matters of such fundamentall concernment, there shall be a liberty to particular Members of the said Representatives to enter their dissents from the major vote.

9. Concerning Religion, we agree as followeth:

  • 1. It is intended, That Christian Religion be held forth and recommended, as the publike Profession in this Nation (which wee desire may by the grace of God be reformed to the greatest purity in Doctrine, Worship and Discipline, according to the Word of God.) The instructing of the People whereunto in a publike way (so it be not compulsive) as also the maintaining of able Teachers for that end, and for the confutation or discovery of Heresie, Errour, and whatsoever is contrary to sound Doctrine, is alowed to be provided for by our Representatives; the maintenance of which Teachers may be out of a publike Treasury, and wee desire not by tithes. Provided, That Popery or Prelacy be not held forth as the publike way or profession in this Nation.
  • 2. That to the publique Profession so held forth none be compelled by penalties or otherwise, but onely may be endeavoured to be wonne by sound Doctrine, and the Example of a good Conversation.
  • 3. That such as professe Faith in God by Jesus Christ (however differing in judgement from the Doctrine, Worship or Discipline publikely held forth, as aforesaid) shall not be restrained from, but shall be protected in the profession of their Faith and exercise of Religion according to their Consciences in any place (except such as shall be set apart for the publick Worship, where wee provide not for them, unlesse they have leave) so as they abuse not this liberty to the civil injury of others, or to actuall disturbance of the publique peace on their parts; neverthelesse it is not intended to bee hereby provided, That this liberty shall necessarily extend to Popery or Prelacy.
  • 4. That all Lawes, Ordinances, Statutes, and clauses in any Law, Statute, or Ordinance to the contrary of the liberty provided for in the two particulars next preceding concerning Religion be and are hereby repealed and made void.

10. It is agreed, That whosoever shall by Force of Armes, resist the Orders of the next or any future Representative (except in case where such Representative shall evidently render up, or give, or take away the Foundations of common Right, Liberty and Safety contain’d in this Agreement) shall forthwith after his or their such Resistance lose the benefit and protection of the Laws, and shall be punishable with Death, as an Enemy and Traitour to the Nation.

The form of subscription for the Officers of the Army.

Of the things exprest in this Agreement, The certain ending of this Parliament (as in the first Article) The equall or proportionable distribution of the number of the Representators to be elected (as in the second.) The certainty of the peoples meeting to elect for Representatives Bienniall, and their freedome in Elections with the certainty of meeting, sitting and ending of Representatives so elected (which are provided for in the third Article) as also the Qualifications of Persons to elect or be elected (as in the first and second particulars under the third Article) Also the certainty of a number for passing a Law or preparatory debates (provided for in the fourth Article) The matter of the fifth Article, concerning the Councel of State, and the sixth concerning the calling, sitting and ending of Representatives extraordinary; Also the power of Representatives, to be, as in the eighth Article, and limitted, as in the six reserves next foling the same; Likewise the second and third particulars under the ninth Article concerning Religion, and the whole matter of the tenth Article; (All these) we doe account and declare to be Fundamentall to our common Right, Liberty, and Safety; And therefore doe both agree thereunto, and resolve to maintain the same, as God shall enable us. The rest of the matters in this Agreement, wee account to be usefull and good for the Publike, and the particular circumstances of Numbers, Times and Places expressed in the severall Articles, we account not Fundamentall, but we finde them necessary to be here determined for the making the Agreement certain and practicable, and do hold those most convenient that are here set down, and therefore do positively agree thereunto.

A Declaration of the Generall Councell of Officers of the Army:

Concerning the Agreement by them framed in order to peace, and from them tendred to the People of England.

HAVING ever since the end of the first War longingly waited for some such settlement of the Peace and Government of this Nation, whereby the Common Rights, Liberties and safety thereof, might in future be more hopefully provided for, and therein something gained, which might be accounted to the present age and posterity (through the mercy of God) as a fruit of their labours, hazards and sufferings, that have engaged in the common cause, as some price of the bloud spilt, and ballance to the publique expence and damage sustained in the War, and as some due improvement of that successe, and blessing God hath pleased to give therein: And having not found any such Establishment assayed or endeavoured by those whose proper worke it was, but the many addresses and desires of ourselves, and others, in that behalfe, rejected, discountenanced and opposed, and onely a corrupt closure endeavoured with the King, on tearmes, serving onely to his interest, and theirs that promoted the same; And being thereupon (for the avoidance of the evil thereof, and to make way for some better settlement) necessitated to take extraordinary wayes of remedy (when the ordinary were denied;) Now to exhibit our utmost endeavors for such a settlement, whereupon we, and other Forces, (with which the Kingdome hath so long beene burthened above measure, and whose continuance shall not be necessary for the immediate safety and quiet thereof) may with comfort to our selves, and honesty towards the publique, disband, and returne to our homes and callings; and to the end mens jealousies and fears may be removed concerning any intentions in us to hold up our selves in power, to oppresse or domineer over the people by the sword; And that all men may fully understand those grounds of Peace and Government wherupon (they may rest assured) We shall for our parts acquiesce; We have spent much time to prepare, and have at last (through the blessing of God) finished a Draught of such a settlement, in the nature of an Agreement of the People for Peace amongst themselves; Which we have lately presented to the Honourable the Commons now assembled in Parliament, and doe herewith tender to the people of this Nation.

We shal not otherwise commend it, then to say, It contains the best and most hopefull Foundations for the Peace, & future wel Government of this Nation, that we can devise or think on, within the line of humane power, and such, wherin all the people interested in this Land (that have not particular interests of advantage & power over others, divided from that which is common and publique) are indifferently and equally provided for, save where any have justly forfeited their share in that common interest by opposing it, and so rendred themselves incapable thereof (at least) for some time: And we call the Consciences of all that reade or hear it, to witnesse, whether wee have therein provided or propounded any thing of advantage to our selves in any capacity above others, or ought, but what is as good for one as for another: And therefore as we doubt not but that (the Parliament being now freed from the obstructing and perverting Councels of such Members, by many of whom a corrupt compliance with the Kings Interest hath beene driven on, and all settlement otherwise hath hitherto beene hindred) Those remaining worthy Patriots to whom we have presented the Agreement, will for the maine allow thereof, and give their seale of Approbation thereby; So we desire and hope, That all good People of England whose heart God shall make sensible of their, and our common concernment therein, and of the usefulnesse and sutablenesse thereof to the publique ends it holds forth, will cordially embrace it, and by subscription declare their concurrence, and accord thereto, when it shall be tendred to them, as is directed therein; wherein, if it please God wee shall finde a good Reception of it with the people of the Nation, or the Well-affected therein, We shall rejoyce at the hoped good to the Common-wealth, which (through Gods mercy) may redound therefrom, and that God hath vouchsafed thereby to make us instrumentall for any good settlement to this poor distracted Country, as he hath formerly made us for the avoiding of evill. But if God shall (in his Righteous Judgement towards this Land) suffer the people to be so blinded as not to see their own common good and freedome, endeavoured to be provided for therein, or any to be so deluded (to their own and the publique prejudice) as to make opposition thereto, whereby the effect of it be hindred, we have, yet, by the preparation and tender of it discharged our Consciences to God, and duty to our native Country in our utmost endeavours for a settlement, (to the best of our understandings) unto a just publique interest; And hope we shall be acquitted before God and good men, from the blame of any further troubles, distractions, or miseries to the Kingdom, which may arise through the neglect or rejection thereof, or opposition thereto.

Now whereas there are many good things in particular matters which our own Reasons & observations or the Petitions of others have suggested, and which we hold requisite to be provided for in their proper time and way (as the setting of moderate Fines upon such of the Kings party, as shal not be excepted for life, with a certain day for their coming in and submitting, and an Act of pardon to such as shall come in and submit accordingly, or have already compounded, The setling of a Revenue for all necessary publique uses, in such a way as the people may be most eased, The assigning and ascertayning of securities for Souldiers Arrears; and for publique Debts and Damages. The taking away of Tithes, and putting that maintenance which shall be thought competent for able Teachers to instruct the people, into some other way, lesse subject to scruple or contention, the clearing and perfecting of Accompts for all publique Monies, the relieving of prisoners for Debt; the removing or reforming of other evills or inconveniencies in the present Lawes, and Administrations thereof, the redresse of abuses, and supplying of Defects therein, the putting of all the Lawes and proceedings thereof into the English tongue, the reducing of the course of Law to more brevity and lesse charge, the setling of Courts of Justice and Record in each County or lesse Divisions of the Kingdome, and the erecting of Courts of Merchants for controversies in trading, and the like.) These and many other things of like sort being of a particular nature, and requiring very particular and mature consideration, with larger experience in the particular matters then we have, and much Caution, that by taking away of present Evills greater inconveniences may not ensue for want of other provisions in the room thereof, where it is necessary; and we (for our parts) being far from any Desire or thought to assume or exercise a Law-giving, or Judiciall power over the Kingdome, or to meddle in any thing save the fundamentall setling of that power in the most equall and hopefull way for Common Right, Freedom, and Safety (as in this Agreement) and having not meanes nor time for, nor the necessitie of some present generall settlement admitting the delay of, such a consideration, as seems requisite in relation to such numerous particulars, we have purposely declined the inserting of such things into this Agreement. But (as we have formerly expressed our desires that way, so) when the matters of publique Justice, and generall settlement are over, we shall not be wanting (if needfull) humbly to recommend such particulars to the Parliament, by whom they may more properly, safely, and satisfactorily be provided for, and we doubt not but they will be so, such of them, at least, as are of more neare and present concernment, by this Parliament, and the rest by future Representatives in due time.

And thus we recommend for present the businesse of this Agreement without further addition to the best consideration of all indifferent and equall minded men, and commit the issue thereof (as of all our wayes and concernments) to the good pleasure of the Lord, whose will is better to us then our own, or any inventions of ours, who hath decreed and promised better things then we can wish or imagine, and who is most faithfull to accomplish them in the best way and season.

By the appointment of the Generall Councell of Officers.
Iohn Rushworth Secretary.
FINIS.

 


 

T.271 John Milton, The Tenure of Kings and Magistrates (Feb., 1649).

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T.271 [1649.02] John Milton, The Tenure of Kings and Magistrates (Feb., 1649)

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This version from The Prose Works of John Milton: With a Biographical Introduction by Rufus Wilmot Griswold. In Two Volumes (Philadelphia: John W. Moore, 1847). In vol. 1 </titles/1209#lf0233-01_head_152>.

Another copy in John Milton, The Tenure of Kings and Magistrates, edited with Introduction and Notes by William Talbot Allison (New York: Henry Holt and Co., 1911). </titles/271>

Estimated date of publication

February, 1649

Thomason Tracts Catalog information

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Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

THE TENURE OF KINGS AND MAGISTRATES:

PROVING THAT IT IS LAWFUL, AND HATH BEEN HELD SO THROUGH ALL AGES, FOR ANY, WHO HAVE THE POWER, TO CALL TO ACCOUNT A TYRANT, OR WICKED KING; AND, AFTER DUE CONVICTION, TO DEPOSE, AND PUT HIM TO DEATH; IF THE ORDINARY MAGISTRATE HAVE NEGLECTED, OR DENIED TO DO IT. AND THAT THEY, WHO OF LATE SO MUCH BLAME DEPOSING, ARE THE MEN THAT DID IT THEMSELVES.*

[first published 1648-9.]

If men within themselves would be governed by reason, and not generally give up their understanding to a double tyranny, of custom from without, and blind affections within; they would discern better what it is to favour and uphold the tyrant of a nation. But being slaves within doors, no wonder that they strive so much to have the public state conformably governed to the inward vicious rule, by which they govern themselves. For indeed none can love freedom heartily, but good men: the rest love not freedom, but license: which never hath more scope, or more indulgence than under tyrants. Hence is it, that tyrants are not oft offended, not stand much in doubt of bad men, as being all naturally servile; but in whom virtue and true worth most is eminent, them they fear in earnest, as by right their masters; against them lies all their hatred and suspicion. Consequently neither do bad men hate tyrants, but have been always readiest, with the falsified names of Loyalty and Obedience, to colour over their base compliances. And although sometimes for shame, and when it comes to their own grievances, of purse especially, they would seem good patriots, and side with the better cause, yet when others for the deliverance of their country endued with fortitude and heroic virtue, to fear nothing but the curse written against those “that do the work of the Lord negligently,” would go on to remove, not only the calamities and thraldoms of a people, but the roots and causes whence they spring; straight these men, and sure helpers at need, as if they hated only the miseries, but not the mischiefs, after they have juggled and paltered with the world, bandied and borne arms against their king, divested him, disanointed him, nay, cursed him all over in their pulpits, and their pamphlets, to the engaging of sincere and real men beyond what is possible or honest to retreat from, not only turn revolters from those principles, which only could at first move them, but lay the strain of disloyalty, and worse, on those proceedings, which are the necessary consequences of their own former actions; nor disliked by themselves, Edition: current; Page: [375] were they managed to the entire advantages of their own faction; not considering the while that he, toward whom they boasted their new fidelity, counted them accessory; and by those statutes and laws, which they so impotently brandish against others, would have doomed them to a traitor’s death for what they have done already. It is true, that most men are apt enough to civil wars and commotions as a novelty, and for a flash hot and active; but through sloth or inconstancy, and weakness of spirit, either fainting ere their own pretences, though never so just, be half attained, or, through an inbred falsehood and wickedness, betray ofttimes to destruction with themselves men of noblest temper joined with them for causes, whereof they in their rash undertakings were not capable. If God and a good cause give them victory, the prosecution whereof for the most part inevitably draws after it the alteration of laws, change of government, downfall of princes with their families; then comes the task to those worthies, which are the soul of that enterprise, to be sweat and laboured out amidst the throng and noses of vulgar and irrational men. Some contesting for privileges, customs, forms, and that old entanglement of iniquity, their gibberish laws, though the badge of their ancient slavery. Others, who have been fiercest against their prince, under the notion of a tyrant, and no mean incendiaries of the war against them, when God, out of his providence and high disposal hath delivered him into the hand of their brethren, on a sudden and in a new garb of allegiance, which their doings have long since cancelled, they plead for him, pity him, extol him, protest against those that talk of bringing him to the trial of justice, which is the sword of God, superior to all mortal things, in whose hand soever by apparent signs his testified will is to put it. But certainly, if we consider, who and what they are, on a sudden grown so pitiful, we may conclude their pity can be no true and Christian commiseration, but either levity and shallowness of mind, or else a carnal admiring of that worldly pomp and greatness, from whence they see him fallen; or rather, lastly, a dissembled and seditious pity, feigned of industry to beget new discord. As for mercy, if it be to a tyrant, under which name they themselves have cited him so oft in the hearing of God, of angels, and the holy church assembled, and there charged him with the spilling of more innocent blood by far, than ever Nero did, undoubtedly the mercy which they pretend is the mercy of wicked men, and “their mercies,”* we read, “are cruelties;” hazarding the welfare of a whole nation, to have saved one whom they so oft have termed Agag, and vilifying the blood of many Jonathans that have saved Israel; insisting with much niceness on the unnecessariest clause of their covenant wrested, wherein the fear of change and the absurd contradiction of a flattering hostility had hampered them, but not scrupling to give away for compliments, to an implacable revenge, the heads of many thousand Christians more.

Another sort there is, who coming in the course of these affairs, to have their share in great actions above the form of law or custom, at least to give their voice and approbation; begin to swerve and almost shiver at the majesty and grandeur of some noble deed, as if they were newly entered into a great sin; disputing precedents, forms, and circumstances, when the commonwealth nigh perishes for want of deeds in substance, done with just and faithful expedition. To these I wish better instruction, and virtue equal to their calling; the former of which, that is to say instruction, I shall endeavour, as my duty is, to bestow on them; and exhort them not to startle Edition: current; Page: [376] from the just and pious resolution of adhering with all their strength and assistance to the present parliament and army, in the glorious way wherein justice and victory hath set them; the only warrants through all ages, next under immediate revelation, to exercise supreme power; in those proceedings, which hitherto appear equal to what hath been done in any age or nation heretofore justly or magnanimously. Nor let them be discouraged or deterred by any new apostate scarecrows, who, under show of giving counsel, send out their barking monitories and mementoes, empty of aught else but the spleen of a frustrated faction. For how can that pretended counsel be either sound or faithful, when they that give it see not, for madness and vexation of their ends lost, that those statutes and Scriptures, which both falsely and scandalously they wrest against their friends and associates, would by sentence of the common adversary fall first and heaviest upon their own heads? Neither let mild and tender dispositions be foolishly softened from their duty and perseverance with the unmasculine rhetoric of any puling priest or chaplain, sent as a friendly letter of advice, for fashion’s sake in private, and forthwith published by the sender himself, that we may know how much of friend there was in it, to cast an odious envy upon them to whom it was pretended to be sent in charity. Nor let any man be deluded by either the ignorance, or the notorious hypocrisy and self-repugnance of our dancing divines, who have the conscience and the boldness to come with Scripture in their mouths, glossed and fitted for their turns with a double contradictory sense, transforming the sacred verity of God to an idol with two faces, looking at once two several ways; and with the same quotations to charge others, which in the same case they made serve to justify themselves. For while the hope to be made classic and provincial lords led them on, while pluralities greased them thick and deep, to the shame and scandal of religion, more than all the sects and heresies they exclaim against; then to fight against the king’s person, and no less a party of his lords and commons, or to put force upon both the houses, was good, was lawful, was no resisting of superior powers; they only were powers not to be resisted, who countenanced the good, and punished the evil. But now that their censorious domineering is not suffered to be universal, truth and conscience to be freed, tithes and pluralities to be no more, though competent allowance provided, and the warm experience of large gifts, and they so good at taking them; yet now to exclude and seize upon impeached members, to bring delinquents without exemption to a fair tribunal by the common national law against murder, is now to be no less than Corah, Dathan, and Abiram. He who but erewhile in the pulpits was a cursed tyrant, an enemy to God and saints, laden with all the innocent blood spilt in three kingdoms, and so to be fought against; is now, though nothing penitent or altered from his first principles, a lawful magistrate, a sovereign lord, the Lord’s anointed, not to be touched, though by themselves imprisoned. As if this only were obedience, to preserve the mere useless bulk of his person, and that only in prison, not in the field, not to disobey his commands, deny him his dignity and office, every where to resist his power, but where they think it only surviving in their own faction.

But who in particular is a tyrant, cannot be determined in a general discourse, otherwise than by supposition; his particular charge, and the sufficient proof of it, must determine that: which I leave to magistrates, at least to the uprighter sort of them, and of the people, though in number less by many, in whom faction least hath prevailed above the law of nature and right reason, to judge as they find cause. But this I dare own as part of Edition: current; Page: [377] my faith, that if such a one there be, by whose commission whole massacres have been committed on his faithful subjects, his provinces offered to pawn or alienation, as the hire of those whom he had solicited to come in and destroy whole cities and countries; be he king, or tyrant, or emperor, the sword of justice is above him; in whose hand soever is found sufficient power to avenge the effusion, and so great a deluge of innocent blood. For if all human power to execute, not accidentally but intendedly the wrath of God upon evil-doers without exception, be of God; then that power, whether ordinary, or if that fail, extraordinary, so executing that intent of God, is lawful, and not to be resisted. But to unfold more at large this whole question, though with all expedient brevity, I shall here set down, from first beginning, the original of kings; how and wherefore exalted to that dignity above their brethren; and from thence shall prove, that turning to tyranny they may be as lawfully deposed and punished, as they were at first elected: this I shall do by authorities and reasons, not learnt in corners among schisms and heresies, as our doubling divines are ready to calumniate, but fetched out of the midst of choicest and most authentic learning, and no prohibited authors; nor many heathen, but Mosaical, Christian, orthodoxal, and which must needs be more convincing to our adversaries, presbyterial.

No man, who knows aught, can be so stupid to deny, that all men naturally were born free, being the image and resemblance of God himself, and were, by privilege above all the creatures, born to command, and not to obey: and that they lived so, till from the root of Adam’s transgression, falling among themselves to do wrong and violence, and foreseeing that such courses must needs tend to the destruction of them all, they agreed by common league to bind each other from mutual injury, and jointly to defend themselves against any that gave disturbance or opposition to such agreement. Hence came cities, towns, and commonwealths. And because no faith in all was found sufficiently binding, they saw it needful to ordain some authority, that might restrain by force and punishment what was violated against peace and common right. This authority and power of self-defence and preservation being originally and naturally in every one of them, and unitedly in them all; for ease, for order, and lest each man should be his own partial judge, they communicated and derived either to one, whom for the eminence of his wisdom and integrity they chose above the rest, or to more than one, whom they thought of equal deserving: the first was called a king; the other, magistrates: not to be their lords and masters, (though afterward those names in some places were given voluntarily to such as had been authors of inestimable good to the people,) but to be their deputies and commissioners, to execute, by virtue of their intrusted power, that justice, which else every man by the bond of nature and of covenant must have executed for himself, and for one another. And to him that shall consider well, why among free persons one man by civil right should bear authority and jurisdiction over another; no other end or reason can be imaginable. These for a while governed well, and with much equity decided all things at their own arbitrement; till the temptation of such a power, left absolute in their hands, perverted them at length to injustice and partiality. Then did they, who now by trial had found the danger and inconveniences of committing arbitrary power to any, invent laws either framed or consented to by all; that should confine and limit the authority of whom they chose to govern them: that so man, of whose failing they had proof, might no more rule over them, but law and reason, abstracted as much as might be from personal errors and frailties. “While, as the magistrate Edition: current; Page: [378] was set above the people, so the law was set above the magistrate.” When this would not serve, but that the law was either not executed, or misapplied, they were constrained from that time, the only remedy left them, to put conditions and take oaths from all kings and magistrates at their first instalment to do impartial justice by law: who upon those terms and no other, received allegiance from the people, that is to say, bond or covenant to obey them in execution of those laws, which they, the people, had themselves made or assented to. And this ofttimes with express warning, that if the king or magistrate proved unfaithful to his trust, the people would be disengaged. They added also counsellors and parliaments, not to be only at his beck, but with him or without him, at set times, or at all times, when any danger threatened, to have care of the public safety. Therefore saith Claudius Sesell, a French statesman, “The parliament was set as a bridle to the king;” which I instance rather, “not because our English lawyers have not said the same long before, but because that French monarchy is granted by all to be a far more absolute one than ours. That this and the rest of what hath hitherto been spoken is most true, might be copiously made appear through all stories heathen and Christian; even of those nations, where kings and emperors have sought means to abolish all ancient memory of the people’s right by their encroachments and usurpations. But I spare long insertions, appealing to the German, French, Italian, Arragonian, English, and, not least, the Scottish histories: not forgetting this only by the way, that William the Norman, though a conqueror, and not unsworn at his coronation, was compelled, a second time, to take oath at St. Albans, ere the people would be brought to yield obedience.

It being thus manifest, that the power of kings and magistrates is nothing else but what is only derivative, transferred, and committed to them in trust from the people to the common good of them all, in whom the power yet remains fundamentally, and cannot be taken from them, without a violation of their natural birthright; and seeing that from hence Aristotle, and the best of political writers, have defined a king, “him who governs to the good and profit of his people, and not for his own ends;” it follows from necessary causes, that the titles of sovereign lord, natural lord, and the like, are either arrogancies, or flatteries, not admitted by emperors and kings of best note, and disliked by the church both of Jews (Isa. xxvi. 13,) and ancient Christians, as appears by Tertullian and others. Although generally the people of Asia, and with them the Jews also, especially since the time they chose a king against the advice and counsel of God, are noted by wise authors much inclinable to slavery.

Secondly, that to say, as is usual, the king hath as good right to his crown and dignity, as any man to his inheritance, is to make the subject no better than the king’s slave, his chattel, or his possession that may be bought and sold: and doubtless, if hereditary title were sufficiently inquired, the best foundation of it would be found but either in courtesy or convenience. But suppose it to be of right hereditary, what can be more just and legal, if a subject for certain crimes be to forfeit by law from himself and posterity all his inheritance to the king, than that a king for crimes proportional should forfeit all his title and inheritance to the people? Unless the people must be thought created all for him, he not for them, and they all in one body inferior to him single; which were a kind of treason against the dignity of mankind to affirm.

Thirdly, it follows, that, to say kings are accountable to none but God, is the overturning of all law and government. For if they may refuse to give account, then all covenants made with them at coronation, all oaths, Edition: current; Page: [379] are in vain, and mere mockeries; all laws which they swear to keep, made to no purpose: for if the king fear not God, (as how many of them do not!) we hold then our lives and estates by the tenure of his mere grace and mercy, as from a god, not a mortal magistrate; a position that none but court-parasites or men besotted would maintain! ‘Aristotle therefore, whom we commonly allow for one of the best interpreters of nature and morality, writes in the fourth of his Politics, chap. x. that “monarchy unaccountable, is the worst sort of tyranny, and least of all to be endured by freeborn men.” ’ And surely no Christian prince, not drunk with high mind, and prouder than those pagan Cæsars that deified themselves, would arrogate so unreasonably above human condition, or derogate so basely from a whole nation of men his brethren, as if for him only subsisting, and to serve his glory, valuing them in comparison of his own brute will and pleasure no more than so many beasts, or vermin under his feet, not to be reasoned with, but to be trod on; among whom there might be found so many thousand men for wisdom, virtue, nobleness of mind, and all other respects but the fortune of his dignity, far above him. Yet some would persuade us that this absurd opinion was King David’s, because in the 51st Psalm he cries out to God, “Against thee only have I sinned;” as if David had imagined, that to murder Uriah and adulterate his wife had been no sin against his neighbour, whenas that law of Moses was to the king expressly, Deut. xvii., not to think so highly of himself above his brethren. David therefore by those words could mean no other, than either that the depth of his guiltiness was known to God only, or to so few as had not the will or power to question him; or that the sin against God was greater beyond compare than against Uriah. Whatever his meaning were, any wise man will see, that the pathetical words of a psalm can be no certain decision to a point that hath abundantly more certain rules to go by. How much more rationally spake the heathen king Demophoön in a tragedy of Euripides, than these interpreters would put upon King David! “I rule not my people by tyranny, as if they were barbarians, but am myself liable, if I do unjustly, to suffer justly.” Not unlike was the speech of Trajan, the worthy emperor, to one whom he made general of his prætorian forces: “Take this drawn sword,” saith he, “to use for me, if I reign well; if not, to use against me.” Thus Dion relates. And not Trajan only, but Theodosius the younger, a Christian emperor, and one of the best, caused it to be enacted as a rule undeniable and fit to be acknowledged by all kings and emperors, that a prince is bound to the laws; that on the authority of law the authority of a prince depends, and to the laws ought to submit. Which edict of his remains yet unrepealed in the Code of Justinian, l. 1, tit. 24, as a sacred constitution to all the succeeding emperors. How then can any king in Europe maintain and write himself accountuble to none but God, when emperors in their own imperial statutes have written and decreed themselves accountable to law? And indeed where such account is not feared, he that bids a man reign over him above law, may bid as well a savage beast.

It follows, lastly, that since the king or magistrate holds his authority of the people, both originally and naturally for their good in the first place, and not his own; then may the people, as oft as they shall judge it for the best, either choose him or reject him, retain him or depose him though no tyrant, merely by the liberty and right of freeborn men to be governed as seems to them best. This, though it cannot but stand with plain reason, shall be made good also by Scripture, Deut. xvii. 14, “When thou art come into the land, which the Lord thy God giveth thee, and shalt say, I will set a king over me, like as all the nations about me.” These words Edition: current; Page: [380] confirm us that the right of choosing, yea of changing their own government, is by the grant of God himself in the people. And therefore when they desired a king, though then under another form of government, and though their changing displeased him, yet he that was himself their king, and rejected by them, would not be a hinderance to what they intended, further than by persuasion, but that they might do therein as they saw good, 1 Sam. viii. only he reserved to himself the nomination of who should reign over them. Neither did that exempt the king, as if he were to God only accountable, though by his especial command anointed. Therefore “David first made a covenant with the elders of Israal, and so was by them anointed king,” 2 Sam. v. 3; 1 Chron. xi. And Jehoiada the priest, making Jehoash king, made a covenant between him and the people, 2 Kings, xi. 17. Therefore when Rehoboam, at his coming to the crown, rejected those conditions, which the Israelites brought him, hear what they answer him, “What portion have we in David, or inheritance in the son of Jesse? See to thine own house, David.” And for the like conditions not performed, all Israel before that time deposed Samuel; not for his own default, but for the misgovernment of his sons. But some will say to both these examples, it was evilly done. I answer, that not the latter, because it was expressly allowed them in the law, to set up a king if they pleased; and God himself joined with them in the work; though in some sort it was at that time displeasing to him, in respect of old Samuel, who had governed them uprightly. As Livy praises the Romans, who took occasion from Tarquinius, a wicked prince, to gain their liberty, which to have extorted, saith he, from Numa, or any of the good kings before, had not been seasonable. Nor was it in the former example done unlawfully; for when Rehoboam had prepared a huge army to reduce the Israelites, he was forbidden by the prophet, 1 Kings xii. 24, “Thus saith the Lord, ye shall not go up, nor fight against your brethren, for this thing is from me.” He calls them their brethren, not rebels, and forbids to be proceeded against them, owning the thing himself, not by single providence, but by approbation, and that not only of the act, as in the former example, but of the fit season also; he had not otherwise forbid to molest them. And those grave and wise counsellors, whom Rehoboam first advised with, spake no such thing, as our old gray-headed flatterers now are wont, stand upon your birth-right, scorn to capitulate, you hold of God, not of them; for they knew no such matter, unless conditionally, but gave him politic counsel, as in a civil transaction. Therefore kingdom and magistracy, whether supreme or subordinate, is called “a human ordinance,” 1 Pet. ii. 13, &c.; which we are there taught is the will of God we should submit to, so far as for the punishment of evil-doers, and the encouragement of them that do well. “Submit,” saith he, “as free men.” “But to any civil power unaccountable, unquestionable, and not to be resisted, no not in wickedness, and violent actions, how can we submit as free men?” “There is no power but of God,” saith Paul, Rom. xiii., as much as to say, God put it into man’s heart to find out that way at first for common peace and preservation, approving the exercise thereof; else it contradicts Peter, who calls the same authority an ordinance of man. It must be also understood of lawful and just power, else we read of great power in the affairs and kingdoms of the world permitted to the devil: for, saith he to Christ, Luke iv. 6, all this power will I give thee, and the glory of them, for it is delivered to me, and to whomsoever I will, I give it: neither did he lie, or Christ gainsay what he affirmed; for in the thirteenth of the Revelation, we read how the dragon gave to the beast his power, his seat, and great authority: which beast so authorized most expound to be Edition: current; Page: [381] the tyrannical powers and kingdoms of the earth. Therefore St. Paul in the forecited chapter tells us, that such magistrates he means, as are not a terror to the good, but to the evil, such as bear not the sword in vain, but to punish offenders, and to encourage the good. If such only be mentioned here as powers to be obeyed, and our submission to them only required, then doubtless those powers, that do the contrary, are no powers ordained of God; and by consequence no obligation laid upon us to obey or not to resist them. And it may be well observed, that both these apostles, whenever they give this precept, express it in terms not concrete, but abstract, as logicians are wont to speak; that is, they mention the ordinance, the power, the authority, before the persons that execute it; and what that power is, lest we should be deceived, they describe exactly. So that if the power be not such, or the person execute not such power, neither the one nor the other is of God, but of the devil, and by consequence to be resisted. From this exposition Chrysostom also on the same place dissents not; explaining that these words were not written in behalf of a tyrant. And this is verified by David, himself a king, and likeliest to be the author of the Psalm xciv. 20, which saith, “Shall the throne of iniquity have fellowship with thee?” And it were worth the knowing, since kings in these days, and that by Scripture, boast the justness of their title, by holding it immediately of God, yet cannot show the time when God ever set on the throne them or their forefathers, but only when the people chose them; why by the same reason, since God ascribes as oft to himself the casting down of princes from the throne, it should not be thought as lawful, and as much from God, when none are seen to do it but the people, and that for just causes. For if it needs must be a sin in them to depose, it may as likely be a sin to have elected. And contrary, if the people’s act in election be pleaded by a king, as the act of God, and the most just title to enthrone him, why may not the people’s act of rejection be as well pleaded by the people as the act of God, and the most just reason to depose him? So that we see the title and just right of reigning or deposing in reference to God, is found in Scripture to be all one; visible only in the people, and depending merely upon justice and demerit. Thus far hath been considered chiefly the power of kings and magistrates; how it was and is originally the people’s, and by them conferred in trust only to be employed to the common peace and benefit; with liberty therefore and right remaining in them, to reassume it to themselves, if by kings or magistrates it be abused; or to dispose of it by any alteration, as they shall judge most conducive to the public good.

We may from hence with more ease and force of argument determine what a tyrant is, and what the people may do against him. A tyrant, whether by wrong or by right coming to the crown, is he who, regarding neither law nor the common good, reigns only for himself and his faction: thus St. Basil among others defines him. And because his power is great, his will boundless and exorbitant, the fulfilling whereof is for the most part accompanied with innumerable wrongs and oppressions of the people, murders, massacres, rapes, adulteries, desolation, and subversion of cities and whole provinces; look how great a good and happiness a just king is, so great a mischief is a tyrant; as he the public father of his country, so this the common enemy. Against whom what the people lawfully may do, as against a common pest, and destroyer of mankind, I suppose no man of clear judgment need go further to be guided than by the very principles of nature in him. But because it is the vulgar folly of men to desert their own reason, and shutting their eyes, to think they see best with other men’s, Edition: current; Page: [382] I shall show by such examples as ought to have most weight with us, what hath been done in this case heretofore. The Greeks and Romans, as their prime authors witness, held it not only lawful, but a glorious and heroic deed, rewarded publicly with statues and garlands, to kill an infamous tyrant at any time without trial: and but reason, that he, who trod down all law, should not be vouchsafed the benefit of law. Insomuch that Seneca the tragedian, brings in Hercules, the grand suppressor of tyrants, thus speaking;

    • —Victima haud ulla amplior
    • Potest, magisque opima mactari Jovi
    • Quam rex iniquus.
    • —There can be slain
    • No sacrifice to God more acceptable
    • Than an unjust and wicked king.

But of these I name no more, lest it be objected they were heathen; and come to produce another sort of men, that had the knowledge of true religion. Among the Jews this custom of tyrant-killing was not unusual. First Ehud, a man whom God had raised to deliver Israel from Eglon king of Moab, who had conquered and ruled over them eighteen years, being sent to him as an ambassador with a present, slew him in his own house. But he was a foreign prince, an enemy, and Ehud besides had special warrant from God. To the first I answer, it imports not whether foreign or native: for no prince so native but professes to hold by law; which when he himself overturns, breaking all the covenants and oaths that gave him title to his dignity, and were the bond and alliance between him and his people, what differs he from an outlandish king, or from an enemy? For look how much right the king of Spain hath to govern us at all, so much right hath the king of England to govern us tyrannically. If he, though not bound to us by any league, coming from Spain in person to subdue us, or to destroy us, might lawfully by the people of England either be slain in fight, or put to death in captivity, what hath a native king to plead, bound by so many covenants, benefits, and honours, to the welfare of his people; why he through the contempt of all laws and parliaments, the only tie of our obedience to him, for his own will’s sake, and a boasted prerogative unaccountable, after seven years warring and destroying of his best subjects, overcome, and yielded prisoner, should think to scape unquestionable, as a thing divine, in respect of whom so many thousand Christians destroyed should lie unaccounted for, polluting with their slaughtered carcasses all the land over, and crying for vengeance against the living that should have righted them? Who knows not that there is a mutual bond of amity and brotherhood between man and man over all the world, neither is it the English sea that can sever us from that duty and relation: a straiter bond yet there is between fellow-subjects, neighbours, and friends. But when any of these do one to another so as hostility could do no worse, what doth the law decree less against them, than open enemies and invaders? or if the law be not present, or too weak, what doth it warrant us to less than single defence or civil war? and from that time forward the law of civil defensive war differs nothing from the law of foreign hostility. Nor is it distance of place that makes enmity, but enmity that makes distance. He therefore that keeps peace with me, near or remote, of whatsoever nation, is to me, as far as all civil and human offices, an Englishman and a neighbour: but if an Englishman, forgetting all laws, human, civil, and religious, offend against Edition: current; Page: [383] life and liberty, to him offended, and to the law in his behalf, though born in the same womb, he is no better than a Turk, a Saracen, a heathen. This is gospel, and this was ever law among equals; how much rather then in force against any king whatever, who in respect of the people is confessed inferior and not equal; to distinguish therefore of a tyrant by outlandish, or domestic, is a weak evasion. To the second, that he was an enemy; I answer, what tyrant is not? yet Eglon by the Jews had been acknowledged as their sovereign, they had served him eighteen years, as long almost as we our William the Conqueror, in all which he could not be so unwise a statesman, but to have taken of them oaths of fealty and allegiance; by which they made themselves his proper subjects, as their homage and present sent by Ehud testified. To the third, that he had special warrant to kill Eglon in that manner, it cannot be granted, because not expressed; it is plain, that he was raised by God to be a deliverer, and went on just principles, such as were then and ever held allowable to deal so by a tyrant, that could no otherwise be dealt with. Neither did Samuel, though a prophet, with his own hand abstain from Agag; a foreign enemy, no doubt; but mark the reason, “As thy sword hath made women childless;” a cause that by the sentence of law itself nullifies all relations. And as the law is between brother and brother, father and son, master and servant, wherefore not between king, or rather tyrant, and people? And whereas Jehu had special command to slay Jehoram, a successive and hereditary tyrant, it seems not the less imitable for that; for where a thing grounded so much on natural reason hath the addition of a command from God, what does it but establish the lawfulness of such an act? Nor is it likely that God, who had so many ways of punishing the house of Ahab, would have sent a subject against his prince, if the fact in itself, as done to a tyrant, had been of bad example. And if David refused to lift his hand against the Lord’s anointed, the matter between them was not tyranny, but private enmity, and David as a private person had been his own revenger, not so much the people’s: but when any tyrant at this day can show himself to be the Lord’s anointed, the only mentioned reason why David withheld his hand, he may then, but not not till then, presume on the same privilege.

We may pass therefore hence to Christian times. And first our Saviour himself, how much he favoured tyrants, and how much intended they should be found or honoured among Christians, declared his mind not obscurely; accounting their absolute authority no better than Gentilism, yea though they flourished it over with the splendid name of benefactors; charging those that would be his disciples to usurp no such dominion; but that they, who were to be of most authority among them, should esteem themselves ministers and servants to the public. Matt. xx. 25, “The princes of the Gentiles exercise lordship over them; and Mark x. 42, “They that seem to rule,” saith he, either slighting or accounting them no lawful rulers: “but ye shall not be so, but the greatest among you shall be your servant.” And although he himself were the meekest, and came on earth to be so, yet to a tyrant we hear him not vouchsafe an humble word: but, “Tell that fox,” Luke xiii. “So far we ought to be from thinking that Christ and his gospel should be made a sanctuary for tyrants from justice, to whom his law before never gave such protection.” And wherefore did his mother the virgin Mary give such praise to God in her prophetic song, that he had now by the coming of Christ, cut down dynasties, or proud monarchs, from the throne, if the church, when God manifests his power in them to do so, should rather choose all misery and vassalage to serve them, and let them still sit on their potent seats to be adored Edition: current; Page: [384] for doing mischief? Surely it is not for nothing, that tyrants by a kind of natural instinct both hate and fear none more than the true church and saints of God, as the most dangerous enemies and subverters of monarchy, though indeed of tyranny; hath not this been the perpetual cry of courtiers and court prelates? whereof no likelier cause can be alleged, but that they well discerned the mind and principles of most devout and zealous men, and indeed the very discipline of church, tending to the dissolution of all tyranny. No marvel then if since the faith of Christ received, in purer or impurer times, to depose a king and put him to death for tyranny, hath been accounted so just and requisite, that neighbour kings have both upheld and taken part with subjects in the action. And Ludovicus Pius, himself an emperor, and son of Charles the Great, being made judge (Du Haillan is my author) between Milegast king of the Vultzes and his subjects who had deposed him, gave his verdict for the subjects, and for him whom they had chosen in his room. Note here, that the right of electing whom they please is by the impartial testimony of an emperor in the people: for, said he, “A just prince ought to be preferred before an unjust, and the end of government before the prerogative.” And Constantinus Leo, another emperor, in the Byzantine laws saith, “That the end of a king is for the general good, which he not performing, is but the counterfeit of a king.” And to prove, that some of our own monarchs have acknowledged, that their high office exempted them not from punishment, they had the sword of St. Edward borne before them by an officer, who was called earl of the palace, even at the times of their highest pomp and solemnities; to mind them, saith Matthew Paris, the best of our historians, “that if they erred, the sword had power to restrain them.” And what restraint the sword comes to at length, having both edge and point, if any sceptic will doubt, let him feel. It is also affirmed from diligent search made in our ancient book of law, that the peers and barons of England had a legal right to judge the king: which was the cause most likely, (for it could be no slight cause,) that they were called his peers, or equals. This however may stand immovable, so long as man hath to deal with no better than man; that if our law judge all men to the lowest by their peers, it should in all equity ascend also, and judge the highest. And so much I find both in our own and foreign story, that dukes, earls, and marquisses were at first not hereditary, not empty and vain titles, but names of trust and office, and with the office ceasing; as induces me to be of opinion, that every worthy man in parliament, (for the word baron imparts no more,) might for the public good be thought a fit peer and judge of the king; without regard had to petty caveats and circumstances, the chief impediment in high affairs, and ever stood upon most by circumstantial men. Whence doubtless our ancestors who were not ignorant with what rights either nature or ancient constitution had endowed them, when oaths both at coronation and renewed in parliament would not serve, thought it no way illegal, to depose and put to death their tyrannous kings. Insomuch that the parliament drew up a charge against Richard the Second, and the commons requested to have judgment decreed against him, that the realm might not be endangered. And Peter Martyr, a divine of foremost rank, on the third of Judges approves their doings. Sir Thomas Smith also, a protestant and a statesman, in his Commonwealth of England, putting the question, “whether it be lawful to rise against a tyrant;” answers, “that the vulgar judge of it according to the event, and the learned according to the purpose of them that do it.” But far before those days Gildas, the most ancient of all our historians, speaking of those times wherein the Roman empire, decaying, Edition: current; Page: [385] quitted and relinquished what right they had by conquest to this island, and resigned it all into the people’s hands, testifies that the people thus reinvested with their own original right, about the year 446, both elected them kings, whom they thought best, (the first Christian British kings that ever reigned here since the Romans,) and by the same right, when they apprehended cause, usually deposed and put them to death. This is the most fundamental and ancient tenure, that any king of England can produce or pretend to; in comparison of which, all other titles and pleas are but of yesterday. If any object, that Gildas condemns the Britons for so doing, the answer is as ready; that he condemns them no more for so doing, than he did before for choosing such; for saith he, “They anointed them kings, not of God, but such as were more bloody than the rest.” Next, he condemns them not at all for deposing or putting them to death, but for doing it overhastily, without trial or well examining the cause, and for electing others worse in their room. Thus we have here both domestic and most ancient examples, that the people of Britain have deposed and put to death their kings in those primitive Christian times. And to couple reason with example, if the church in all ages, primitive, Romish, or protestant, held it ever no less their duty than the power of their keys, though without express warrant of Scripture, to bring indifferently both king and peasant under the utmost rigour of their canons and censures ecclesiastical, even to the smiting him with a final excommunion, if he persist impenitent: what hinders, but that the temporal law both may and ought, though without a special text, or precedent, extend with like indifference the civil sword, to the cutting off, without exemption, him that capitally offends, seeing that justice and religion are from the same God, and works of justice ofttimes more acceptable? Yet because that some lately with the tongues and arguments of malignant backsliders have written, that the proceedings now in parliament against the king are without precedent from any protestant state or kingdom, the examples which follow shall be all protestant, and chiefly presbyterian.

In the year 1546, the duke of Saxony, landgrave of Hesse, and the whole protestant league, raised open war against Charles the Fifth their emperor, sent him a defiance, renounced all faith and allegiance toward him, and debated long in council, whether they should give him so much as the title of Cæsar. Sleidan. l. 17. Let all men judge what this wanted of deposing or of killing, but the power to do it.

In the year 1559, the Scots protestants claiming promise of their queenregent for liberty of conscience, she answering, that promises were not to be claimed of princes beyond what was commodious for them to grant, told her to her face in the parliament then at Stirling, that if it were so, they renounced their obedience; and soon after betook them to arms. Buchanan Hist. l. 16. Certainly, when allegiance is renounced, that very hour the king or queen is in effect deposed.

In the year 1564, John Knox, a most famous divine, and the reformer of Scotland to the presbyterian discipline, at a general assembly maintained openly in a dispute against Lethington the secretary of state, that subjects might and ought to execute God’s judgments upon their king; that the fact of Jehu and others against their king, having the ground of God’s ordinary command to put such and such offenders to death, was not extraordinary, but to be imitated of all that preferred the honour of God to the affection of flesh and wicked princes; that kings, if they offend, have no privilege to be exempted from the punishments of law more than any other subject: so that if the king be a murderer, adulterer, or idolater, he should Edition: current; Page: [386] suffer, not as a king, but as an offender; and this position he repeats again and again before them. Answerable was the opinion of John Craig, another learned divine, and that laws made by the tyranny of princes, or the negligence of people, their posterity might abrogate, and reform all things according to the original institution of commonwealths. And Knox, being commanded by the nobility to write to Calvin and other learned men for their judgments in that question, refused; alleging, that both himself was fully resolved in conscience, and had heard their judgments, and had the same opinion under handwriting of many the most godly and most learned that he knew in Europe; that if he should move the question to them again, what should he do but show his own forgetfulness or inconstancy? All this is far more largely in the ecclesiastic history of Scotland, l. 4, with many other passages to this effect all the book over, set out with diligence by Scotsmen of best repute among them at the beginning of these troubles; as if they laboured to inform us what we were to do, and what they intended upon the like occasion.

And to let the world know, that the whole church and protestant state of Scotland in those purest times of reformation were of the same belief, three years after, they met in the field Mary their lawful and hereditary queen, took her prisoner, yielding before fight, kept her in prison, and the same year deposed her. Buchan. Hist. l. 18.

And four years after that, the Scots, in justification of their deposing Queen Mary, sent ambassadors to Queen Elizabeth, and in a written declaration alleged, that they had used towards her more lenity than she deserved; that their ancestors had heretofore punished their kings by death or banishment; that the Scots were a free nation, made king whom they freely chose, and with the same freedom unkinged him if they saw cause, by right of ancient laws and ceremonies yet remaining, and old customs yet among the Highlanders in choosing the head of their clans, or families; all which, with many other arguments, bore witness, that regal power was nothing else but a mutual covenant or stipul