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 party [Page 2] 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, [Page 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?
Amsterdam 1 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 in [Page 5] 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, [Page 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.