THE DECLARATION OF THE Presbyterians Concerning the Kings Majeſty, and their Deſires touching the preſervation of his Royall perſon, in relation to his comming to tryall.
AFter mature deliberation upon the proceedings of the Lord Generall Fairfax, and the General councel of Officers, in relation to the eſtabliſhing of a firm and laſting peace within this bleeding, to•ne, and tottering kingdom, and the erecting of a pure and ſound Government according to the Law of Nature, and the fundamental laws of this Realm, and after ſeveral conferences and diſputations in order thereunto, divers of the Presbyterian party2 frequented to Weſtminſter, and other places, where they had ſeverall diſputations and conferences with the Officers, and other members of the Army; and after ſome debate upon the Foundation, of the grounds and principles of the Agreement of the People, the Presbyterians declared a great diſlike thereof, remonſtrating, That it was not founded upon a firm Rock; to which objections, ſeverall anſwers were made, for cleering ſuch ſcruples and cautions, as ſeemed difficult to many; And as for the perſon of the King, they further declared that notwithſtanding the preſent Ordnance of Attainder againſt his Maj. yet they conceived it requiſite and lawfull, that the prayers of the Miniſtery bee ſtill continued in every Congregation throughout his Maj. Realmes and Dominions; deſiring, that he may have a legal tryall, and that Hee may not be degraded of his Titles and Honours: Concerning which, be pleaſed to peruſe this enſuing Letter from Holland, touching the degrading of his Majeſty.
Sir; We are here in a kind of amazement, to hear that your King ſhould be deſigned for the grave before his time: Believe it, there's nothing more characterizes men wiſe in the opinion of the wiſeſt meer man, then that they ſee a far off, not the plague of the body only, though that, but judgments ſomtimes for evildoing, ſomtimes for acting indiſcreetly in matters that may be done. That which may lawfully bee done, it may be abſurd to do at ſome time: The taking away life, which is that prized above all, by him that all account wiſe, is not juſt (ſay ſome) at any time, unleſſe there be a law that makes the thing done death, and death to him that doth it: The ſupream power of England that forbids any to judge of treaſon in a conſtructive way, but themſelvs have retaind in themſelvs a power to judge ſuch and ſuch practiſes and endeavours to amount to treaſon or death. In particular,3 ſupoſe there were law, or it were in the power of the Lords and Commons to take awoy the life of the preſent King, yet if England, Scotland, and Ireland ſhal be made more miſerable thereby in reaſon, and the waas renewed, to the probable ruine of the Nations, and chiefly to thoſe who pretend moſt to piety and juſtice therein, it were better not. That it's dangerous this may be ſaid: If you cut off, you muſt ſet up, vacuities of that nature ſuddainly introduce confuſion: If you ſet up, it muſt either be a new King, or a new Government; if a new King, then the next of kinne, and if him, then let his complyance be what it will, his Fathers death cannot bee forgot; no, the danger of his mothers influence, who will remain in baniſhment, be eaſily got over, refuſe he to come in, as it's moſt like, he hath the afore-named written upon his breſt, beſides his hereditary claim, his marriage, which no m•n that hath a purſe, but will endowry with a daughter, raiſe an army of 20000 to reſtore a ſon in law, and make his daughter Queen of 3 kingdoms, which by reaſon of ſcituation, and inherent accommodations may (well managed) be the ballancing power of Chriſtendom. If any other, or a new Government, the objections are the ſame, & all the line & that ſucceſſively are made enemies to boot; beſides hath the Parl. or army yet got ſo much love? are they ſo deep in the hearts of the people, that they can aſſure themſelves the newtrals, or thoſe who have gone farre with them will quieſce? But the anſwer is ready, we have an Army that cann•t be overcome, neither by what can riſe here, or come from abroad. So had Alexander, but Alexander was poyſoned, and what then became of his Army? ruin approached. Some w••boaſt they fear no colours, nor danger, for they have the ſwifteſt horſe in the Kingdom; but what if that horſe ſtumble, and throw his Rider: where's the man, the horſe wandering up and down, as the fed Hauk for food, comes to the hand of a child?
Amſterdam1 Jan. 1648.
Englands Admiration concerning the King.
HIs Excellency, and the General Councell of the Army have fully reſolved upon their debates, touching the tryal of the King, and are reſolved to bring him to a preſent tryal, the manner of it is as followeth, viz. 6 Lords, forty Commons, and ten Colonels, Lieutenant colonels, and Majors, who are to receive Inſtructions (as Commiſſioners) Ior managing and proſecuting of the Bills of Attainder and Impeachment againſt the perſon of the King; and are reſolved to eſtabliſh and confirme a true and laſting Government within this Kingdome, and that the beſt they can imagine for a Common-wealth, which containeth theſe particulars, viz.
1 The Magiſtrate to have power in things civill and naturall. 2 The Subject to be free, ſubmitting to the Civill Lawes. 3 No toleration for Popery nor Prelacy. 4 None to be forced to fight in War againſt their will, &c.
And the Generall Councell have further reſolved and declared, That the Parliament ſhall not proceed againſt any perſons to give Judgment, but according to what is Law, Raſon, and Equity.
And for the better facilitating and eſtabliſhing of a true and laſting peace within this Nation, the Generall Councel of the Army have paſſed the remaining part of the Articles for an Agreement of the People, and are determined ſpeedily to conſider of a forme of concluſion and ſubſcription to this Agreement as to the Officers of the Army.
Summons are alſo ſent to the Prince of Wales, and the Duke of York, to require their preſent appearance, and to deſiſt from their Engagement, in acting againſt this Kingdom, and involving their place of Nativity in another bloudy and inteſtine War, and a day is prefixed, for their return, that in5 caſe they refuſe to yeeld obedience to the ſaid Summons, then to be declared againſt as Enemies to the peace of this Kingdom, and to be degraded of all Titles and Honours, belonging to either of them.
Yet notwithſtanding, we have one precious Flower and Bloſſome to fix our eyes upon, viz. the Duke of Glouceſter, (the Kings youngeſt Son) who in all probability, will ſpeedily be advanced to great Honours and Dignities, to the great admiration of the whole Kingdom.
Yeſterday the Committee reported the Ordinance of Attainder againſt Charles Stuart, and the names of ſuch Commiſſioners as ſhould try him, which are, the Earl of Denbigh, Earl of Pembroke, E. of Kent, E of Mulgrave, E. of Nottingham, and Lord Grey of Wark.
Of the Houſe of Commons, the Lord Munſon, L. Liſle, L. Grey of Groby, Lieu. Gen. Crumwell, M. G. Skippon, Com. Gen: Ireton, Sir Henry Mildmay, Sir Iohn Danvers, Col. Walton, Col: Moor, Col: Boſwell, Col: Roſſiter, Col: Ven, Col: Thorney, Col: Laſsels, and about 30 Members more.
Of the Army that are not members of the Houſe of Commons, the L. Gen. Pairfax, Col: Whalley, Col: Rich, Col: VValler, Col: Tomlinſon, col: Scroop, Col: Sanders, Col: Pride, col: Twiſleton Col: Huſon, Col: Barkstead, Col: Horton, Col: Deſborough, Col: Dean, and Col: Okey.
Of the City of London, Alderman Pennington, Alderman VVoollaston, Ald: Fooks, Ald: Gibbs, and Alderman Andrews.
The Judges are, the Lord chief Juſtice Rolls, chief Juſtice of England, Juſtice St. Iohn, Lord chief Juſtice of the Common-pleas, and Lord chief Baron VVild. And two out of all the 40 Counties throughout the Kingdom, all which commiſſioners, who are to ſit as a Jury, are to conſiſt of 150,6 and any 20 of them are to be a Committee for tryall of the King, 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 ſaid to be at Weſtminſter.
VVestmin. 3 inſtant, Here arrived a meſſenger from the Queen of England, with a Letter to the Parl. purporting her deſires, for a ſpeedy reſtauration of her dread Soveraigne Lord the King, and that He may be admitted to his Throne; and to enjoy his juſt Rights, Priviledges, and Dignities: But the Houſe not liking the Title of the ſaid Letter, reſolved to lay it aſide. Letters from Windſor ſay, that the King diſcourſes much upon ſubjects, purporting a life of many days there, and doubts not but within 6 moneths to ſee peace in England, and in caſe of non-reſtoring, to be righted from Denmark, France, Scotland, and Ireland: He talketh much of Lieu G. Crumwell, and ſaith, That he hopeth to ſee good things wrought by them.
The Ordinance for tryal of the King, was tranſmitted from the Lords to the Commons, for their concurrence who had in conſideration, firſt, whether a houſe, in a Parliamentary way, 2 wnether being ſo few, they ſhould take into conſideration ſo great a buſineſſe. 3 As to matter of treaſon, ſome thought that the King could not commit treaſon againſt the Parl. At laſt they agreed as to a preſent anſwer to the Commons, that they would ſend it by meſſengers of their owne, and laying the buſines aſide, adjorn'd to the 11 inſtant.
Whereupon, the Commons underſtanding how unanimouſly the Lords had gone againſt the Commiſſion for triall of the King, agreed to proceed of themſelvs, and for that end have committed the ſame for alteration.