Selected quad for the lemma: authority_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	king_n	law_n	legal_a	2,470	5	10.2354	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88244	Regall tyrannie discovered: or, A discourse, shewing that all lawfull (approbational) instituted power by God amongst men, is by common agreement, and mutual consent. Which power (in the hands of whomsoever) ought alwayes to be exercised for the good, benefit, and welfare of the trusters, and never ought other wise to be administered: ... In which is also punctually declared, the tyrannie of the kings of England, from the dayes of William the invader and robber, and tyrant, alias the Conqueror, to this present King Charles, ... Out of which is drawn a discourse, occasioned by the tyrannie and injustice inflicted by the Lords, upon that stout-faithful-lover of his country, and constant sufferer for the liberties thereof, Lieut. Col. John Lilburn, now prisoner in the Tower. In which these 4. following positions are punctually handled ... Vnto which is annexed a little touch, upon some palbable miscarriages, of some rotten members of the House of Commons: which house, is the absolute sole lawmaking, and law-binding interest of England.	Lilburne, John, 1614?-1657.	1647 (1647)	Wing L2172; Thomason E370_12; ESTC R201291	90,580	119

IN BONDS The second A PEARL IN A DVNGHILL The third A REMONSTRANCE OF MANY THOVSAND CITIZENS and other Free-born People of England to their own House of Commons c. The second of Shepheards is called The false Allarme or an Answer to an Allarme To the House of Lords The fourth Pamplet I find against L. C. Lilburn is called Plain ●nglish which last only gives him two wipes in his 4. and 12. pages Therefore in regard that the Author of the City Remonstrance Remonstrated hath put P●n to Paper to answer part of Mr. Bellamies Book but hath not medled with any thing of that which doth concern Lieut. Col. Lilburn And secondly Forasmuch as none that is yet visible have medled with any of the other And thirdly In regard that the man is full of Heroicalnesse and a zealous lover of his Country to whom all the honest free-men of England are extraordinarily oblieged for his constant couragious and faithfull standing for their just liberties that both God Nature and the Law of the Land giveth them A●d ●astly inregard that by a la●e published Book called LIBERTY VINDICATED AGAINST SLAVERY I understand of the Lieutenant of the Towers base unworthy illegall and strict dealing with him as in many other things so in keepi●g him from Pen and Ink by meanes of which he is unabl● to speak pub●ikely for himself which is a sad barbarous base and inhumane case That a man sh●uld be so illegally dealt with as he is and abused in print and his good name endeavoured Cum privi●egio to be tak●n away by every Rascall and yet the poor man not suffered to speak a word for himself Oh! horrible and monstrous age that dare without remorse main●am such horribl● impiety and injustice Surel● I may well say of them with the Prop●● Isa Isa 5. 20 23 24 Woe unto them that call evill good and good evill that put darkness for light and light for darknesse that put bitter for sweet and sweet for bitter which justifie the wicked for reward and take away the righteousnesse of the righteous foom him Therfore as the fire devoureth the stubble and the flame consumeth the chaffe so their root shall be rottennesse and their blossome shall go up as dust because they have cast away the Law of Jehovah of Hosts and despised the Word of the holy One of Israel For he that justifieth the wicked and he that condemneth the just even they both are an abomination to Jehovah Prov. 17. 15. In consideration of all which together with many more things I shall endeavour according to that insight I have in Mr. Lilburnes behalf to make a little more work for his enemies the Lords and their Associates But this as a faire adversary I shall advise them either to get stouter Champions that can handle their weapons better then those that have yet appeared or else their cause will utterly be lost I shall not now undertake to answer the particulars in the forementioned Bookes but leave that to another Pen and shall give a home provocation to the best and ablest Lord in England or the choicest Champion they have to produce some sound arguments to maintain their jurisdiction or else their two stooles called Vsurpation and custome upon which they sit will let them fall to the ground And the method that I shall observe shall be this First I will prove that if it were granted that the Lords were a 〈…〉 and had a judicatiue power over the Commons yet 〈…〉 of the Lords dealing with him is illegall and unjust S●co●●ly I will prove that 〈◊〉 the Lords were a Jvdicature yet they 〈…〉 T●●●● I will give some reasons to manifest that they are no Judica●● 〈…〉 ●●u●●●ly That they by Law and Right are no Law-makers Fifthly That by Law and Right it lyeth not in the power of tho King ●●r the H●use of 〈…〉 to deligate the legislative powe● eith●r to the Lords 〈◊〉 or ●●●●●yned nor to any other persons 〈…〉 Now for the proofe of these 〈◊〉 au●h●ri●y I shall make use o● sh●l● ●●st be d●r●v●d ●r●m Scripture S●co●dly from the 〈…〉 and streng●h of sound reason T●irdly from he declared St●t●te-Law of the Kingdome Fourthly ●rom t●is 〈…〉 〈◊〉 Declarations Fifthly a●●●astly 〈…〉 Histories of England licenced by publike Authority And that I may not raise a P●b●i●k with ●ut laying a good Foundation I 〈◊〉 set down 〈◊〉 strong and undeniable position which I fi●● a● a P●st-scrip● 〈…〉 latter end of 〈…〉 ●ilburns princed Protestation against the Lords which is ●●us GOD the abs●lu●e S●v●raig●e Lord and King of all things in heaven and 〈◊〉 〈…〉 and 〈…〉 all cause● who is 〈…〉 g●v●r●ed and l●m●itted by no rules but doth all things 〈…〉 w●ll and unlimitted good 〈…〉 world and all things therein for his ow● gl●ry and 〈◊〉 by 〈◊〉 own will and ple●su●e 〈◊〉 man his meer 〈…〉 the 〈…〉 und●r hims●lfe over ●l the rest●● his ●reatur●● G 1. 1. 26 28. 29. and en●ued 〈…〉 with a●ation●ll ●oul● or 〈…〉 a 〈…〉 creat●d him a●ter his ow● image Ge● 1. 26. 7 ●● 9 ●● the first of which w●s Adam a mal● or man 〈…〉 of the ●ust or ●lay out of whese side was tak●n a ●●b w●●ch 〈…〉 S●veraig●e 〈…〉 mighty erea●●●g power of God was 〈…〉 or w●m●● called ●ue which two are the earthly original ●ou●atin as begetter and bringer● forth o● all and every particular and individuall man and woman that ever breathed in the world since who ar● ●nd were b● nature a●l alike in power dignity authority and m●jesty none of them ●aving any ●uthority dominion or magist r●al power one over or aboue another but by insti●ution or ●oration that is to say by 〈◊〉 u●●il agreement or consent given deriv●d or assu●●d by mutuall 〈◊〉 and agreement for the goo● b●nefit and c●mfort each o● other and not for the mis●hie●e hurt or iamage of a●y it being 〈◊〉 irration●ll si●●ull wicked and unjust for 〈◊〉 man o● men whatsoever to part●●t●● so much of their power a shall ●nable any of their Parliament men Comm●ssioners T●ust●es D●puties Viceroyes Ministers Officers and serv●nts to destroy ●nd u●doe them therewith And un●●turall i●ration 〈…〉 wicked u●just divillish and tyra●nicall it is for any man wh●●soever pi●i●uell o● temp●r●ll C●ergy-men or L●y-men to ●p●ropria●e an ●assume unto himselfe a power ●uthority 〈…〉 govern or raigne over any sort o● men 〈◊〉 wo●ld without their f●●e consent and whosoever d●th it whether Clergy-m●n or ●●y other whatsoever do thereby as mu●h as in them lyes in leav●ur to appropriate and assume unto them●elves the Office and Soveraignty of GOD who alone doth and is to rule by his ●ill a●d pleasure and to b●like their Creator 〈◊〉 w●s 〈…〉 of the d●vel● who not being content with their first st●tion but would be like GOD ●or which si● they were throwne downe into H●ll reserved in everl●sting c●atnes under darkenesse unto the judgement of the great day Iude vers 6. And Adams fin it was

of pag. 706 707 714. In the Records of 1 R. 2. Num 44. and R. 2. Num 34. and 40. Again it will clearly appear that there is a contract betwixt the King his People yea and such a one as ties up all his public official actions to be according unto Law and not according to the rule of his own Wi●l if we seriously weigh but the Lawes made and past this present Parliament but especially that for abolishing the Star-Chamber and regulating the Councell-Table the Act for abolishing the high Commission Court two Acts for the levying and pressing Souldiers and Marriners and an Act declaring unlawfull and void the late proceedings touching Ship-money And an Act for preventing vexatious proceedings touching the order of Knight-hood And an Act for the free bringing in and free making of Gun-powder But if all this will not serve let us a little further consider what the Parliament saith who are the States representative of all the individuals of the State universall of England Book Declar. pag. 171. 264. 336. 508 613. 628. 654. 655. 703. 705. 711. 724. 725. 726 728. 729 730. And therefore are the highest supreamest and greatest Court Counncel and Judge of this Kingdome pag. 141 143 197 207 213 271 272 278 280 281 303 457 693 703 704 711 718 725. And who may justly be called the legall Conservators of Englands Liberties 281 277 282 264 496 587 588 617 693 698. Yea the legall and publike eyes and heart of Englands Politike Body pag. 213 278 340 690. Of whom a dishonourable thing ought not to be conceived of them pag 281 654. much lesle to be acted or done by them pag. 150. And they say pag. 266. That the King hath not that right to the Towns and Forts in England which the people in generall have to their estates the Towns being no more the Kings own then the Kingdome is his own And his Kingdome is no more his own then his people are his own And if the King had a propriety in all his Towns what would become of the Subjects propriety in their houses therein And if he had a propriety in his Kingdom what would become of the Subjects propriety in their Lands throughout the Kingdom or of their Liberties if his Majestie had the same right in their persons that every Subject hath in their Lands or Goods and what should become of all the Subjects Interests in the Towns and Forts in the Kingdome and in the Kingdom it self if his Majestie might sell them or give them away or dispose of them at pleasure as a particular man may do with his Lands and his Goods This erroneous Maxime being infused in●o Princes that their Kingdoms are their owne and that they may do with them what they will as if their Kingdoms were for them and not they for their Kingdoms is the ●oot of all the Subjects misery and of the invading of their just Righ●s and Liberties whereas indeed they are only intrusted with their Kingdomes and with their Towns and with their People and with the publike Treasure of the Common-wealth and whatsoever is bought therewith And by the known Law of this Kingdom the very Jewels of the Crown are not the Kings proper Goods but are only intrusted to him for the use and ornament thereof As the Towns Forts Treasure Magazine Offices and the People of the Kingdome and the whole Kingdome it self is intrusted unto him for the good and safety and best advantage thereof And as this Trust is for the use of the Kingdom so ought it to be managed by the advice of the Houses of Parliament whom the Kingdom hath trusted for that purpose it being their duty to see it discharged according to the condition and true intent thereof and as much as in them lies by all possible meanes to hinder the contrary and therefore say they pag. 276. by the Statute of 25. Ed. 3. It is a levying of warre against the King when it is against his Lawes and Authority though it be not immediatly against his Person And the levying of Force against his Personall Commands though accompanied with his presence if it be not against his Lawes and Authority but in the maintainance thereof is no levying of warre against the King but for him for th●re is a great difference betwixt the King as King and the King as Charles Stuart And therefore say the Parliament pag. 279. That Treason which is against the Kingdome is more against the King then that which is against his Person because he is King for that very Treasor is not Treason as it is against him as a man but as a man that is a King and as he hath relation to the Kingdome and stands as a Person intrusted with the Kingdome discharging that Trust And therefore page 722. that Alexander Archbishop of Yorke Rob. Delleer Duke of Ireland Trisiilian L. chief Justice the rest in the time of Richard the 2. were guilty of Treason and so adjudged by two Acts of Parliament viz. 11. R. 2. 1. 2. and 1. H. 4. 3. and 4. which to this day are both in force for levying Forces against the Authority of Parliament and to put to death divers principall members of both Houses although they had the Kings expresse Command to do it and the promise of his presence to accompany them which yet for all that neither would nor did save their lives in regard as they say page 723. It is a known rule in Law that the Kings illegall Commands though accompanied with his presence do not excuse these that obey him therfore if the Kingdom be in danger and the King wil not hearken to the Parliament in those things that are necessary for the preservation of the peace and safety of the Kingdome Shall they stand and look on whilest the Kingdome runs to evident ruine and destruction No page 726 for safety and preservation is just in every individuall or particular page 44. 150. 207. 382. 466. 496. 637. 690. 722. much more in the Parliament who are the great and supream legall Councell from whom there is no legall appeale as is before declared Yea and in their Declaration of the 19. of May 1642. page ● 7. they tell us that this Law is as old as the Kingdome viz. That the Kingdom must not be without a meanes to preserve it selfe which that it might be done without confusion say they this Nation hath entrusted certain hands with a power to provide in an orderly and regular way for the good and safety of the whole which power by the constitution of this Kingdome is in his Majesty and in his Parliament together Yet since the Prince being but one person is more subject to accidents of nature and chance whereby the Common-wealth may be deprived of the fruit of that Trust which was in part reposed in him in cases of such necessity that the Kingdome may not be inforced presently to return to its first principall and every man

shed in England Scotland and Ireland since these wars which is the blood of thousands of thousands For which if all the sons of men should be so base and wicked as not to doe their duty in executing justice upon him which Legally may and ought to bee done by those especially who have Power and Authority in their hands Yet undoubtedly the righteous God will and that I am confident in an exemplary manner in despight of all his bloody add wicked protectors and defenders For GOD is a just GOD and will revenge innocent blood even upon Kings Judg. 1 6 7. 1 Kings 21. 19. 22. 38. Isa 30. 33. Ezek. 32. 29. and will repay wicked and ungodly men Isai 59. 18. Therefore I desire those that shall thinke this a harsh saying to lay down the definition of a Tyrant in the highest degree and I am confident their own Consciences will tell them it is scarce possible to commit or doe that act of Tyranny that Charles Stewart is not guilty of and therefore de jure hath absolved all his people from their Allegeance and Obedience to him and which the Parliament are bound in duty and conscience De facto to declare and not to bee unjuster to the Kingdome then their predecessors have been which in part I have already memioned and shall to conclude only cite some particulars of the Parliaments just dealing with Edward the second who was not one quarter so bad as C. R who being called to account by the Parliament for his evill government and being imprisoned at Kenelworth-Castle the Parliament sent Commissioners to acquaint him with their pleasure the Bishops of Winches●●r Hereford and Lincoln two Earls two Abbots foure Barons two Justices three Knights for every County and for London and other principall places chiefly for the five Ports a certain number chosen by the Parliament And when they came to him they told him the Common-wealth had conceived so irreconcileable dislikes of his government the particulars whereof had been opened in the generall Assembly at London that it was resolved never to endure him as King any longer That notwithstanding those dislikes had not extended so far as for his sake to exclude his issue but that with universall applause and joy the Common-wealth had in Parliament elected his eldest sonne the Lord Edward for King They finally told him that unlesse he did of himselfe renounce his Crown and Scepter the people would neither endure him nor any of his children as their Soveraigne but disclaiming all Homage and Fealty would elect some other for King not of the Blood The King seeing it would be no better amongst other things told them That he sorrowed much that the people of the Kingdom were so exasperated against him as that they should utterly abhorre his any longer rule and soveraignty and therefore he besought all there present to forgive him and gave them thanks for chusing his eldest sonne to be their King which was greatly to his good liking that he was so gracious in their sight Whereupon they proceeded to the short Ceremony of his Resignation which principally consisted in the surrender of his Diadem and Ensignes of Majesty to the use of his son the new King Whereupon Sir William Trussel on the behalfe of the whole Realm renounced all homage and allegeance to the Lord Edward of Carnarvan late King The words of the definitive Sentence were these I William Trussel in the name of all men of the Land of England and all the Parliament Procurator resigne to thee Edward the Domage that was made to thee sometime and from this time forward now following I defy thee and deprive shee of all Royall power and I shall neuer be attendant to thee as for ●ing after this time But if any object It is true Subjects and people have de facto done this unto their Kings but they cannot doe it de jure for that Kings are above their people are not punishable by any but God I answer God is the fountain or efficient cause of all punishment But as to man instrumentally he inflicts by man And though he be our supream Lord and Law-Maker hath for bodily and visible transgressions of his Law appointed a visible and bodily punishment in this world for the transgressors thereof and man for his instrumentall executioner and never ordinarily doth it immediatly by himself but when his Instrument Man failes to doe his duty and being a God of order hath appointed a Magistrate or an impowred man as his and their executioner for the doing of justice and never goeth out of this Road but in extraordinary cases as he doth when the Magistrate is extraordinarily corrupted in the executing of his duty and in such cases God hath raised up particular or extraordinary persons to be his executioners And therefore God being no respecter of persons hath by nature created all men alike in power and not any lawlesse and none to bind each other against mutuall agreement and common consent and hath expr●sly commanded Man his rationall creature shall not tyrannize one over another or destroy by any intrusted power each other but that the intrusted Kings as well as others shall improve the utmost of their power and strength for the good and benefit protection and preservation of every individuall Trustee And whosoever he be that shall improve his intrusted power to the destruction of his impowrers forfeits his power And GOD the fountain of Reason and Justice hath endued man with so much reason mercy humanity and compassion to himself and his own Being as by the instinct Nature to improve his utmost power for his own preservation and defence which is a Law above all lawes and compacts in the world Declar. April 17. 1641. And whosoever rejects it and doth not use it hath obliterated the principles of Nature in himselfe degenerated into a habit worse then a beast and becomes felonious to himselfe and guilty of h●s own blood This Israel of old the Lords peculiar people understood as well as the people of England although they had 〈◊〉 expresse posi●ive law no more then we in England have to rebell or withdraw their obedience subjection from those Magistrates or Kings that exercise their power and authority contrary to the nature of their trust which is plain and cleare without dispute in the case of Rehoboam who was the son of Solomon who was the sonne of David who was assigned King by GOD and chosen and made King by the common consent of the people of Juda and Israel 2 Sam. 7. 13. And who by vertve of Gods promise to him and his seed to be Kings over his people had more to say for his Title to his and their Crown I am confident of it then all the Princes in the world have to say for their claim and childrens to their Crown For Rehoboam was not onely the sonne of Solomon who was in a manner intailed by God himselfe unto the Crown

that so he might bee in an impossibility to understand how they intended to proceed against him Wherefore your Petitioner humbly prayeth to grant unto her husband the benefit of the law to admit him to your Bar himself to plead his own cause if you be not satisfied in the māner of his proceedings or else according to law justice that duty and obligation that lyeth upon you forthwith to release him from his unjust imprisonment to restrain prohibit the illegal arbitrary proceedings of the Lords according to that sufficient power instated upon you for the enabling you faithfully to discharge the trust reposed in you and to vacuate this his illegall sentence and fine and to give him just and honorable reparations from the Lords and all those that have unjustly executed their unjust Commands It being a Rule in Law and a Maxime made use of by your selves in your Declaration 2. November 1642. r That the Kings illegall commands though accompanied with his presence do not excuse those col declar 723. that obey them much lesse the Lords with which the Law accordeth and so was resolved by the Judges 16. Hen. 6. s s See Cook 2 part instit f. 187. And that you will legally and judicially examine the Crimes of the Earle of Manchester and Colonell King which the Petitioners husband and others have so often complained to you of and do exemplary justice upon them according to their deserts or else according to Law and Justice punish those if any that have falsly complained of them t t 3. E. 33. 2. R. 2. 5. 37. E. 3. 18 38 E. 3. 9. 12. R. 2. 11. 17. R. 2. 6. 22. p. M. 3. 1. El. 6. And that you would without further delay give us reliefe by doing us justice v v 9. H. 3. 29. 2. E. 3. 8. 5. E. 3. 9. 14. E. 3. 14. ●1 E. 2. 10. All which she the rather earnestly desireth because his imprisonment in the Tower is extraordinary chargeable and insupportable although by right and the custome of that place his fees chamber and diet ought to be allowed him and paid out of the Treasure of the Crown he having wasted and spent himself with almost six years attendance and expectation upon your Honours for justice and raparations against his barbarous sentence c. of the Star-chamber to his extraordinary charge and dammage and yet never received a penny and also lost divers hundred pounds the year he was a prisoner in Oxford Castle for you Neither can he receive his Arrears the price of his blood for his faithfull service with the Earl of Manchester although he spent with him much of his own money And the last yeare by the unadvised meanes of some Members of this Honourable House was committed prisoner for above 3. Moneths to his extraordinary charges and expences And yet in conclusion he was releast and to this day knoweth not wherefore he was imprisoned For which according to Law and Justice hee ought to receive reparations but yet he never had a peny All which particulars considered doe render the condition of your Petitioner her husband and children to be very nigh ruine and destruction unlesse your speedy and long-expected justice prevent the same Which your Petitioner doth earnestly intreat at your hands as her right and that which in equity honour conscience cannot be denied her w w col declar 127 174 244 253 282 284 285. 312 313. 321 322 467 490 514 516 520 521 532 533 534 535 537 539 541. 543 555 560. And as in duty bound she shall ever pray that your hearts may be kept upright and thereby enabled timely and faithfully to discharge the duty you owe to the Kingdome according to the Great Trust reposed in you And so free your selves from giving cause to be judged men that seek your selves more then the publike good We will only speak two or three words to one thing more fully mentioned in her Petition and to another thing not mentioned at all in her Petition very requisite to be taken notice of in the manner of his Tryall which is That by Law it ought to have been publike Now for the first of these which is the illegallity of all their Warrants they committed him by learned and grave Sir Edward Cooke in his most execllent worthy and pretious Exposition of the 29. Chapter of Magna Charta his 2. Part. Institut fol. 52. saith thus Now seeing that no man can be taken arrested attached or imprisoned but by due processe of Law and according to the Law of the Land these conclusions hereupon do follow First that a commitment by lawfull Warrant either in deed or in law is accounted in law due processe or proceeding of Law and by the Law of the Land as well as by processe by force of the Kings Writ Secondly That he or they which do commit them have lawfull authority Thirdly that this Warrant or Mittimus be lawfull and that must be in writing under his hand and seale Fourthly the cause must be contained in the Warrant as for Treason Fellony c. or for suspition of Treason o● Fellony c. Otherwise if the Mittimus contain no cause at all it is illegall And if the prisoner escape it is no offence at all Whereas if the Mittimus contained the cause the escape were Treason or Fellony though he were not guilty of the offence and therefore for the Kings benefit and that the prisoner may be the more safely kept the Mittimus ought to contain the cause Fifthly the Warrant or Mittimus containing a lawfull cause ought to have a lawfull conclusion viz. and him safely to keep until he be delivered by Law c. and not untill the party committing doth further order And this doth evidently appear by the Writs of abeHas Corpus both in the Kings-Bench Common-Pleas Exchequer and Chancery See pag. 52 53. 2. part Institut REx Vicecom London Salutem Praecipimus vobis quod corpus Out of the Kings Bench A. B. in custodia vestra detent ut dicitur una cum causa detentionis suae quocunque nomine praed A. B. censeatur in eisdem habeatis coram nobis apud Westm Die Jovis prox post Octab. St. Martini ad submittend recipend ea quae curia nostra de eo ad tunc ibidem ordinari contigerit in hac parte hoc nullatenus omittatis periculo in cumbente habeatis ibi hoc breve Teste Edw. Cook 20. Novemb. Anno Regni nostri 10. THe King to the Sheriffs of Lon. greeting We command you that you have the body of A. B. now detained in your custody as is said together with the cause of this detention by what Name soever the said A. B. be called therein before Vs at Westminster upon Thursday Eight dayes after the Feast of St. Martins to submit and receive what Our Court shall then and there order concerning him Faile not hereof at

ruled and governed by the King and his Prerogative Nobles and by lawes flowing from their wils and pleasures and not made by common consent by the peoples commissions assembled in Parliament as it is now at this day but he and his successors giving such large Charters to their Compeeres and great Lords as to one to be Lord great Chamberlain of Englands another Lord Constable of England to another Lord Admirall of England c. By meanes of which they had such vast power in the kingdome having then at their beck all the chiefe Gentlemen and Free-holders of England that used to wait upon them in blew Jackets so that they were upon any discontent able to combine against their Kings their absolute creators and hold their noses to the grind-stone and rather give a Law unto them then receive a law from them in which great streits our former Kings for curbing the greatnesse of these their meere creatures now grown insolent were forced to give new Charters Commissions and Writs unto the Commons then generally absolute vassals to choose so many Knights and Burgesles as they in their own breasts should think fit to be able by joyning with them to curb their potent and insolent Lords or trusty and well-beloved Cousins which was all the end they first called the Commons together for yet this good came out of it that by degrees the Commons came to understand in a greater measure their rights and to know their own power and strength By means of which with much struggling we in this age come to enjoy what wee have by Magna Charta the Petition of Right and the good and just Lawes made this present Parliament c. which yet is nothing nigh so much as by right we ought to enjoy For the forementioned Author of the book called The manner of holding Parliaments in England as 20 21. pages declares plainly that in times by-past there was neither Bishop Earle nor Baron and yet even then Kings kept Parliaments And though since by incursion Bishops Earles and Barons have been by the Kings prerogative Charters summoned to sit in Parliament yet notwithstanding the King may hold a Parliament with the Commonalty or Commons of the Kingdome without Bishops Earles and Barons And before the Conquest he positively declares it was a right that all things which are to be affirmed or informed granted or denied or to be done by the Parliament must be granted by the Commonalty of the Parliament who he affirmes might refuse though summoned to come to Parliament in case the King did not governe them as he ought unto whom it was lawfull in particular to point out the Articles in which he misgoverned them And suitable to this purpose is Mr. John Vowels judgment which Mr. Pryn in his above-mentioned book pag. 43. cites out of Holinsh Chro. of Ireland fol. 127 128. His words as Mr. Pryn cites them are thus Yet neverthelesse if the King in due order have summoned all his Lords and Barons and they wil not come or if they come they will not yet appear or if they come appear yet will not do or yeeld to any thing Then the King with the consent of his Commons may ordain and establish any Acts or Lawes which are as good sufficient and effectuall as if the Lords had given their consents but on the contrary if the Commons be summoned and will not come or coming will not appear or appearing will nor consent to do any thing alleadging some just weighty and great cause The King in these cases * Cromptons jurisdictiō of courts fo 84 Hen. 7. 18. H. 7 14. 1. H. 7 27. Parliament 42. 76 33● H 6. 17. dju-lged accordingly prerogative 134. cannot with his Lords devise make or establish any Law The reasons are when Parliaments were first begun and ordained THERE WERE NO PRELATES OR BARONS OF THE PARLIAMENT AND THE TEMPORALL LORDS were very few or none and then the King and his Commons did make a full Parliament which authority was never hitherto abridged Again every Baron in Parliament doth represent but his owne person and speaketh in he behalf of himself alone But the Knights Citizens and Burgesses are represented in the Commons of the whole Realm and every of these giveth not consent for himself but for all those also for whom he is sent And the King with the consent of his COMMONS had ever a sufficient and full authority to make ordain and establish good wholesome Lawes for the Common-wealth of his Realm Wherefore the Lords being lawfully summoned and yet refusing to come sit or consent in Parliament can●ot by their folly abridge the King and the Commons of their lawfull proceedings in Parliament Thus and more John Vowel alias Hooker in his order usage how to keep a Parliament which begins in the foresaid History pag. 121. and continues to pag. 130. printed Cum Privil●gio And Sir Edward Cook in his Institutes on Magna Charta proves That the Lords and Peers in many Charters and Acts are included under the name of the Commons or Commonalty of England And in his Exposition of the second Chapter of Magna Char●a 2. part Institutes fol. 5. He declares that when the Great Charter was made there was not in England either Dukes Marquesse or Viscounts So that to be sure they are all Innovators and Intruders and can claime no originall or true interest to sit in Parliament sith they are neither instituted by common consent nor yet had any being from the first beginings of Parliaments in England either before the Conquest or since the Conquest nor the first Duke saith Sir Edward Cook Ibidem that was created since the Conquest was Edw. the black Prince In the 11. year of Edw. the third and Rob. de Vere Earl of Oxford was in the 8. year of Richard the 2. created Marquesse of Dublin in Ireland And he was the first Marquesse that any of our Kings created The first Viscount that I find saith he of Record and that sate in Parliament by that name was John Beumont who in the 8. yeer of Hen. the 6. was created Viscount Beumont And therefore if Parliaments be the most high and absolute power in the Realm as undeniably they are for Holinshed in his fore-mentioned Chronicle in the D●scription of England speaking of the high Court of Parliament and authority of the same saith pag. 173. thereby Kings and mighty Princes have from time to time been deposed from their Th●ones ●awes either enacted or abrogated offendors of all sorts punished c. Then much more may they disthrone or depose these Lordly prerogative Innovators and Intruders and for my part I shall think that the betrusted Commissioners of the Commons of England now assembled in Parliament have not faithfully discharged their duty to their Lords and Masters the people their impowerers till they have effectually and throughly done it And if the Lords would be willing to come and sit with them as one house

all things where you may reasonably do the sam● And in case ye be from henceforth found in default in any of the points aforesaid ye shall be at the Kings will of Body Lands and Goods thereof to be done as shall please him As God you help● and all Saints But now in regard we shall for brevities sake but only touch at Richard the s●c●nd who for his evill government was Artic●ed against in Parliament Martine fol. 156 157 158 159 160. Speed fol. 742. The substance of which in Speeds words were First in the front was placed his abuse of the publike treasure and unworthy waste of the Crown-Land whereby he grew intollerable grievous to the Subjects The particular causes of the Dukes of Gloucester and Lancaster the Arch-Bishop of Canterbury the Earle of Arundel filled sundry Articles They charged ●im in the rest with dissimu●ation fa●shood ●osse of honour abroad in the world extortio●s rapine deniall of Justice rasu●es and e●b●zelling of records dishonourable shifts wicked Axi●mes of S●at● cruelty covetousnesse subordinations lasciviousness● reason to the rights of the Crown perjuries and bri●fly wi●h all sorts of unkingly vices and with absolute tyranni● Upon which it was concluded That he had broken his Cont●act made with the Kingdome or the Oath of Empire taken at his Coronation and adjudged by all the States in Parliament That it was sufficient cause to depose him and then the diffinitive sentence was passed upon him And wee shall wholly passe over Henry the 4. 5. and 6. Edward 4. and 5. Richard 3. Hen. 7. and 8. and shall come down to King Charles and not mention the particular miseries blood-sheds cruelties treason tyrannies and all manner of miseries that the free-born people of this Kingdome underwent in all or most of their wicked raigns especially in the Barons warres In which time the Inhabitants of England had neither life liberty nor estates that they could call their own there having been ten Batte●s of note fought in the Bowels of this Kingdome in two of their R●igns only viz. Hen. 6. and Edw. th● 4. In one of which 〈◊〉 there was 37. thousand English sl●i● Martine fol 393 394 ●95 I say w● wi●l p●ss● by all these a●d give you the Copy of the Oath that King Edward 2. and K●●g Edward h● 3. by authority of Parliamen● took and which all th● Kings and Queens of England since to this day at th●i● Coronation ●ither took or ought to have taken never having b● au●●ori●y of Parliament b●en altered since that I could hear of by which it will cleerly appeare that the Kings of England receive their Kingdoms co●di●io●all● The true Copy of whic● as I find it in this Parliaments Declaration made in reply to the Kings Declaration or answer ●o their Remonstrance dated 26. May 1642. and set down in the Booke of Declarations page 713. SIR Will you grant and keep and by your Oath confirme unto the People of England the Lawes and Customes granted to them by antient Kings of England rightfull men and devout to God and namely the Lawes and Customes and Franch●ses granted to the Clergie and to the People by the glorious King Edward to your power Sir Yee keepe to God and to Holy Church to the Clergie and to the People Peace and accord wholly after your power Sir Yee do to be kept in all your Domes and Iudgments true and even Righteousnesse with Mercie and Truth The King shall answer I shall doe it Sir Will you grant defend fulfill all rightfull Laws and Customes the which the COMMONS of Your Realme shall choose and shall strengthen and maintain them to the Worship of GOD after Your power The King shall answer I grant and behight And then the Arch-Bishop of Canterbury at the time of the Coronation goes or should goe to the four sides of the Scaffold where the King is crowned and declares and relates to all the People how that Our Lord the King had taken the said Oath enquiring of the same people If they would consent to have him their King and Liege Lord to obey him as their King and Liege Lord who with one accord consen●ed thereunto Now let all the world be judge whether the Kings of England receive their Kingdom●s by contract yea or no. And if they do receive them by contract as is already undeniably proved before Then what becomes of that wicked and tyrannicall Maxime avowed by King Charles immediatly after his Answer to the Petition of Right Book Statutes fol. 1434. viz. That he did owe an account of his actions to none but GOD alone And of that erroneous Maxime mentioned in Book Declaration pag. 266. viz. That Kingdomes are Kings own and that they may do with them what they will as if Kingdomes were for them and not they for their Kingdomes But if any man shall object and say that King Henry the 8. with his own hands altered this Oath and therefore it is not the same Oath which King Charles hath taken To which I a●sw●r and say The Parliament in their Declaration g●a●●s that King Hen. the 8. c. a●tered it but they also say pag. 712. They do conceive that neither he nor any other had power to alter it without an Act of Parliament And in pag. 708. 709. They say They well know what Kings have d●ne in this point But we know also say ●●ey that what they have done is no good rule alwayes to interpret what they ●●ght to have done for that they are bound to the observation of Lawes by their Oath is out of question and yet the contrary practised by them will appear in all ages as often But to put this out of doubt whosoever reades the Oath taken by this King which he himself sets down in his Declaration Book Declar. pag. 290 291. will find no materiall difference betwixt that which hee took and that which he ought to have taken saving in that clause of passing New Lawes But there is enough in that he tooke to prove my assertion viz. That he received his Crown by a Contract which further to prove I alledge the Petition of Right which whosoever seriously readeth with his Answer to it shall finde it to be a large and absolute Declaration of a contracted duty betwixt him and his people viz. That it was his duty to govern them by Law and not by his Prerogative Will And when his first answer to their Petition did not please the Parliament they pressed him again out of Right to give a satisfactory one Which he out of Duty doth saying Let right b● done as is desired So that this is a clear demonstration and enough to prove that there is not only a bare Contract betwixt the King and the People but also that he is bound by duty to grant such Lawes as they shall rationally choose although there were no such Statute as the 25. of Edward the 3. which they mention in pag. 268 nor no such clauses as they speak

left to do what is aright in his own eyes without either guide or rule the wisdome of this State hath intrusted the Parliament with a power to supply what shall bee wanting on the part of the Prince as is evident by the constant custome and practice thereof in cases of nonage naturall disability and captivity and the like reason doth and must hold for the exercise of the same power in such cases where the Royall Trust cannot bee or is not discharged and that the Kingdome runs an evident and eminent danger thereby which danger having been declared by the Lords and Commons in Parliament there needs not the authority of any person or Court to affirme nor is it in the power of any person or Court to revoke that judgment for as they well say in their Declaration of the 26. of May 1642. page 281. it is not agreeable to reason or conscience that it should be otherwise seeing men should be put upon an impossibility of knowing their duty if the Judgment of the highest Court should not be a rule and guide to them And if the Judgment therefore should be followed where the question is who is King as before in that Declaration they have rpoved it ought much more what is the best service of the King and Kingdome and therefore those that shall guide themselves by the judgment of Parliament ought what ever happen to be secure and free from all account and penalties upon the grounds and equity of this very Statute of 11. Hen. 7. Chap. 1. And again page 697. they say very rationally There must be a Judge of the question wherein the safety of the Kingdome depends for it must not lie undetermined And if then there be not an agreement betwixt his Majesty and the Parliament either his Majesty must be Judge against his Parliament or the Parliament without his Majesty It is unsound and irrationall to give it to his Majestie who out of the Courts is not Judge of the least dammage or trespasse done to the least of his Subjects but the Parliament is the Representative Body of the whole Kingdome and therefore the absolute proper and legall Judge Besides If his Majesty in the difference of Opinions should be Judge he should be Judge in his own case but the Parliament should be Judges between his Majesty and the Kingdome And if his Majesty should be Judge hee should be Judge out of his Courts yea and against his highest Court which he never is nor can be but the Parliament should only judge without his Majesties personall consent which as a Court of Judicature it alwayes doth and all other Courts as well as it Therefore if the King be for the Kingdome and not the Kingdome for the King And if the Kingdome best knowes what is for its own good and preservation and the Parliament be the Representative Body of the Kingdome It is easie to judge who in this case should be Judge And therefore the Parliament are bound in duty to those that trust them to see that the king dispose aright of his trust being that right that the King hath as King in the things he enjoyes is of a different nature and for different ends to the right of propriety which a particular man hath in his Goods and Lands c. That of propriety is a right of propriety which a particular man may dispose of as hee pleaseth according to his own discretion for his own advantage so it bee not contrary to the publike good but the right of the King is only a right of trust which he is to mannage in such wayes and by such Councels as the Law doth direct and only for the publike good and not to his private advantages nor to the prejudice of any mans particular Interests much lesse of the Publike page 700. And therefore say they page 687. The King hath not the like liberty in disposing of his own person or of the persons of his children in respect of the Interest the Kingdome hath in them as a private man may have But if it shall be objected that the Parliament the representative of the Kingdome are not to intermeddle in the managing of his Maj●sties trust because of the Oaths that they have taken wherein they swear that His Majesty is supreame Head and Governour over all persons and over all causes within his Dominions to which I shal return partly their own answer p. 703. That notwithstanding this they are bound to see it managed according to the true intent condition therof for no man doth nor can give a power to destroy himself and therefore say they If we should say the King hath in the Government of his People Superiors to wi● the Law by which he is made and his Courts c. It were no new Doctrine We have an antient Author for it viz. Fleta Book 1. Chap. 17. of substituting of Iudges If we should say the King is the single greatest but lesse then the whole it were no new learning it being an undeniable rule in reason that they that make a thing are alwayes greater then the thing made by them and certainly this of supreame Head and Governour over all persons in all causes as it is meant singular or single persons rather then of Courts or of the Body collective of the whole Kingdome so it is meant in curia non in camera in his Courts that his Majesty is supreame Head and Governour over all persons in all causes and not in his private capacity and to speak properly It is only in his High Court of Parliament wherein and wherewith his Majesty hath absolutely the supream power and consequently is absolutely supreame Head and Governour from whom there is no Appeale And if the High Court of Parliamen may take an account of what is done by his Majesty in his inferiour Courts much more of what is done by him without the Authority of any Courts And for my part say that though the King be the Supream Officer which is all and the most he is yet he is not the supreame Power for the absolute Supream Power is the People in generall made up of every individuall and the legall and formall supream Power is only their Commissioners their collective or representative Body chosen by them and assembled in Parliament to whom the King is and ought to give an account both of his Office and Actions yea and to receive rules directions and limitations from them and by them And although King John the 7. from William the Rogue aiias the chiefe Robber or Conquerour was so Atheistically and impiously wicked as to give away his kingdome of England unto the Pope as is before declared * pag. which was none of his owne to give or dispose of either to him or any other whatsoever which the people that lived in those dayes very well knew and understood and therefore as Speed in his Chronicles records fol. 565. in a generall Parliament held

in or about the year 1214. The Prelates Lords and Commons severally and joyntly enacted That forsomuch as neither King John nor any other King could bring his Realme and People to such thraldome but by common consent of Parliament which was never done and that in so doing he did against his Oath at his Coronation besides many other causes of just exception If therefore the Pope thence forwards should attempt any thing therein the King with all his Subjects should with all their forces and powers resist the same and rather hazzard all their lives and livelihood then endure his usu● pation● But if any man should so dote upon those Pagean●s Tyrants Kings the supposed and pretended a●nointed of the Lord as yet not to think it sufficient to prove that not onely the present King Charles his own acknowledgment and confession will be of force sufficient to pull all Scales of blindnesse from their eyes and all hardnesse and unbelievingnesse of heart from their hearts His own words in his answer to the House of Commons first Remonstrance Book Declar. pag. 25. are these We have thought it very suitable to the duty of Our place and pag. 29. and We ●aith he doubt not it will be the most acceptable Declaration a King can make to his Subjects that for Our part We are resolved duly not only to observe the Lawes Our Self but to maintain them agrinst what opposition soever though with the hazard of Our Being and a little below We acknowledge it a high crime saith he against Almighty God and inexcusab●● to Our good Subjects of Our three Kingdomes if We did not to the utmost imploy all Our power and faculties to the speediest and most effectuall assistance and protection of that distressed people of Ireland And in his Message 28 April 1642. page 157. speaking of the Militia he saith We conceive it prejudiciall to Our Self or inconvenient for Our Subjects for whom We are trusted and page 167. Himself saith That if the Prerogative of the King over-whelme the Liberty of the People it will be turned to tyrannie And he himself page 284. defines tyrannie to be nothing else but to admit no rule to govern by a mans own will But above all the rest remarkable is his own confession in his answer to the Parliaments Declaration of the 19. May 1642. where in page 152. He honestly and plainly acknowledgeth that He is to give an account of his Office not only to God but also to his other Kingdoms But as the Parliament saith page 701. This is a strange Paradox that his Majesty by his own Confession owes an ●account to his other Kingdomes of his Office and Dignity of a King in this kingdome itself where he resides and hath his being and subsistence And in page 311. He acknowledgeth God hath entrusted Him with his regallity for the good of his People and if it be for their good then not for their mischief and destruction but God hath entrusted him and how is that The truth is God is no more the Author o● Regall then of Aristocratical power nor of Supreame then of Subordinate Command Nay that Dominion which is usurped and not just whilest it remains Dominion and till it be legally again divested refers to God as its Author and Donor as much as that which is Hereditary and permissively from God and not approbationally instituted or appointed by him And that Law which the King mentioneth is not to be understood to bee any speciall Ordinance sent from Heaven by the Ministry of Angels or Prophets as amongst the Jewes it sometimes was It can be nothing else amongst Christians but the actions and agreements of such and such politike Corporations Power is originally inherent in the People and it is nothing else but that might and vigour which such and such a Society of men contains in it self and when by such and such a Law of common consent and agreement it is derived into such and such hands God confirmes the Law And so man is the free and voluntary author the Law is the instrument and God is the establisher of both as the observator in the first page of the first part of his most excellent observations doth observe And though Kings make a huge matter of that saying of God by me Kings Raigne as though there were some superlative naturall inbred inherent deity or exellency in Kings above other men y●t we may say an● that tru●y That by God all mankind lives moues and have their being yea and raignes and gove●ns as much by God in their inf●rior orbs of Cityes hundreds wa●enta●es and families as well as Kings in their Kingdoms yea though God himselfe in an extraordinary and immediate manner chose a●d appointed Saul David and Solomon to be Kings of Israel Yet so just was the righ●eous God that ●e w●u●d 〈◊〉 imp●se them u●o● the people of Isra●l against their own ●il●● and mind●s 〈◊〉 he● did t●ey rule as K●●g till by t●e c●mmo● c●nsent of t●e people they ch●se ●hem and 〈◊〉 ●he● to raigne ov●r ●hem 1 Sam. 10. 20. 24. 2 Sam. 2. 24. and Ch●p 5. 1. 2. and 3. and 1 Kings 38 39 ●0 So t●at ●h●ir auth●r●ty did originally as inhere●tl● flow from the pe●ple as well as their speciall ●ssig●ation from God a●d t●ey were to rul● and govern them by the Law of God ●nd not by the rule and Law of their own wil● unto which Law ●hey were to be as 〈◊〉 and subject as the meanest of the people yea and as ●ya●le to punishment and to have their tra●sgr●ssi●ns ●ayd to t●●ir charge As Lieu●e●a●t Collon●l Lilburne ●ath 〈◊〉 and fully proved in his late printed Epistle to Judge Reves p●g These things righ●ly considered doth co●demn thos● two maxims for wicked ungodly and tyrannic●●l w●ich are ●ayd downe so in the booke of D●clara●io●s pag 199. 3. 4. viz. That the King can do no wrong The second is that the King is the fountaine of justice But to returne againe to the Kings own word ●e saith pag. 313. We were unwo●●hy the trust repo●ed in us by the Law and of our descent from so many great and famous Ancestors if w● could be brought to abondon that power which onely can enable us to performe what we are sworne to in protecting our people and the Lawes What can be said more plaine then this to prove him an Officer of 〈◊〉 Trust But seeing he speakes of his Ancestors Let me tell him that if he had no better title to his Crown then to claime it his by a kind of Divine Right from his Progenitors and because he is the next Heire to King James It would be by Scripture a very weak title We find in Scripture that Salomon a younger Son c. was made King principally because of his fitnesse to govern when divers of his elder brethren wen● without the Crown And if any in the world might have pleaded the priviledges of being next heire Davids Sons and Sons

Councellers hath now at last resolved to set up his royall Standard and draw his sword for the destruction and ruine of his most faithfull and obedient people whom by the lawes and constitutions of this Kingdome he is bound to preserve and protect Yea and in their answer sent to his Messenger from Nottingham August 25. 1642. pag. 580 They tell him plainly that though they have used all meanes possible to prevent the distractions of this Kingdome which have been not onely without successe but there hath followed that which no ill Councell in former times hath produced or any age hath seene namely those severall Proclamations and Declarations against both the Houses of Parliament whereby their actions are declared Treasonable and their persons Traytors and thereupon your Majesty hath set up your Standard against them whereby you have put the two Houses of Parliament and in them this whole Kingdome out of your protection and as I may truly say have thereupon virtually ceased to be King so that untill your Majesty shall recall those Proclamations and Declarations whereby the Earle of Essex and both Houses of Parliament and their adherents and assistants and such as have obeyed and execu●ed their commands and directions according to their duties are declared traytors or otherwise delinquents And un●ill the Standard set up in the pursuance of the said Proclamations be taken downe your Majesty hath put us into such a condition that whil'st we so remaine we cannot by the fundamentall priviledges of Parliament the publike trust reposed in us or with the generall good and safety of this Kingdome give your Majesty any other answer to this Message The same language they speake to him in their Petition pag. 584. And in their Message pag. 585. And in their Petition 587. And in their Declaration pag. 576 They say plainly that the King seduced by wicked Councell doth make warre against his Parliament and people And in their Petition sent by Sir Philip Stapleton to the Earle of Essex to be presented to His Majesty pag. 617. They say positively His Majesty warres against the Parliament and subjects of this Kingdome leading in his own person an Army against them as if he intended by conquest to establish an absolute and unlimitted power over them and by his power and the continuance of his presence have ransacked spoyled imprisoned murthered divers of his people yea and doth endeavour to bring over the Rebels of Ireland and other forces from beyond the Seas And in their Declaration and resolution after the King had proclaimed the Parliament and the Earle of Essex Traytors pag. 508. 509. They call that very Proclamation an attempt so desperate and so transcendently wicked that the Lords and Commons do unanimously publish and declare that all they who have advised contrived ab●●ted or countena●ced or hereafter shall abett and countenance the said Proclamation to be Traytors and enemies to GOD the King Kingdome and to be guilty of the highest degree of Treason that can be comitted against the King and Kingdome that they will by the assistance of Almighty God and of all honest English Protestants and lovers of their Country do their best endeavours even to the utmost hazard of their lives and fortunes to bring all such unparalleld traytors to a speedy and exemplary punishment Be sure you be as good as your word for GOD of all villians abhors faith-breakers and take he●d by your actions and treatyes with the unjust and false King Charles one of the Monsters of the earth you do not give a just and visible cause of ground not onely to all rationall men in England but in the world that knowes reades and understands your often solemn sworne Oathes vowes Protestations and ingagements to judge you a forsworne false and perjured Generation and fit to be abhorred of GOD and all good men for to speake truth and right Hath not Charles Stewart committed treason against King Charles sure I am he hath done it against the KINGDOME of ENGLAND and that I prove by your own grounds thus The Proclamation that you so much cry out of comes out in his name and stile pag. 503. 404. 406. 507. And therefore his Ergo. For he ownes his own Proclamations and Declarations and jeeres you for a company of simpletons for declaring it otherwise His words pag. 248. are All our answers and Declarations have been and are owned by us and have been attested under our hands if any other had been published in our name and without our authority It would be easy for both Houses of Parliament to discover and apprehend the Authors And we wish that whosoever was trusted with the drawing and penning of that Declaration namely the Parliaments dated 19 of May 1642. had not more authority or cunning to impose upon or deceive a major part of those votes by which it passed then any man hath to prevaile with us to publish in our name any thing but the s●nce and resolution of our own heart And since this new device is found out in stead of answering our reasons or satisfying our just demandes to blast our Declarations and answers as if they were not our own a bold senselesse imputation we are sure that every answer and Declaration published by us is much more our own then any one of those bold threatning and reproachfull Petitions and remonstrances are the acts of either or both houses Y●a and as if all this were not enough to be done by a trust sufficiently for ever to declare the forfeiting of his trust and Kingly Office the King himself hath caused the Iewels of the Crown to be pawned to buy instruments of warre to butcher and murther his people who never gave him any power and authority for any other end but to protect defend and preserve them neither did he ever in his life injoy any other power either from God or man but for that end yet in his speech to the people of SALOP he declares he will melt down all his own Plate and expose all his land to sale or morgage though it be none of his but the Kingdom●s that so he may the faster cut the throats and shed the innocent blood of those his brethren that betrusted him with all he had or hath for their good and welfare Yet to fillup the measure of his iniquity he not his evill counsellors hath given Commission to his Commissioners of Array Sheriffes Mayors Justices Bailiffes or any other whatsoever to raise Force and to kill and slay all such as should hinder the EXECVTION of his Royall command or put the Ordinance of Militia though it were for their own preservation in Execution pag. 581. And the same bloody murdering Commissions he hath given to his Instruments in Scotland Ireland to Butcher destroy and ruinate the people there So that to sum up all the Parliament told him plainly in their late letter sent to him at Oxford That he was guilty of all the innocent blood

as formerly they have done Read the fore-mentioned Discourse of John Vowel printed in Hollinsheds Chronicles of Ireland pag. 123 Sir Edward Cookes 4. part Institutes chap. 1. pag. 2. and the fore-mentioned book called Vox Plebis pag. 39 40. Yea though conditionally they might sit as Peers yet they ought not to do it for this were for the Peoples Trustees the House of Commons to give away their true and legislative power which originally is only inhe●ent in them THE PEOPLE which is the next and the last thing I should prove But in regard the Discourse is swolne so big already and the present time being the season for publishing what I have already said which were impossible to come out this Moneth or sixe Weekes if I should throughly handle this Proposition as by Gods assistance I intend which will take up a Discourse almost half as big as the fore-going For first I must shew and prove That the people in generall are the originall sole legislaters and the true fountain and earthly will spring of all just power And Secondly That all the power which the house of Commons hath is mee●ly derivative and bounded within this tacit Commission to act only for the good of thosothat betrusted them and not for their mischiefe in the least And here I shall propound some Queries Whether or not they have not done and acted some things prejudiciall and mischievous so the generality of the Kingdome and destructive to the fund ment all Lawes and Liberties thereof Which in the affirmative I shall answer Yea and prove it in divers particulars our of their own late published large book being the second part of the Collection of Ordinances Declar. c. where I finde three Ordinances viz. That for the Merchant-Adventurers pag. 361. That for the Turkie-Merchants pag. 439. Thirdly That for the Greenland Merchants pag. 646. Of all three of which I say as Sir Edward Cooke in the second part of his Institutes fol. 51. And the fourth part Institutes fol. 41. saith of the Statute of the 11. of Henry 7. chap. 3. for executing of which Justice Dudley and Empson lost their lives that they are made in the fac● of the ancient and fundamentall Law of the 29. and 30. chapters of Magna Charta c. And that they are unjust and injurious Ordinances which in duty they are bound to abrogate and to punish the procurers of them in regard those very Ordinances if continued will ●ender the Parliament the Commissioners of the people and the great interest of their preservation odious abominable and 〈◊〉 ble in their eyes and do them more mischiefe then an Army of twenty thousand Cavaliers for such palpable injustice as in these very Ordinances is done to the whole Kingdome will in time destroy the Parliament though now they had never a professed enemy in the world and true friends to their professed enemy the King they are who put them upon this work And let them take warning by those that were formerly the setters up of Pattentees and therby destroyers of the peoples legal and just liberties for it was not only that they were set up by an unbinding authority of the Kings which made them illegall but that they were against destructive to the fundamentall Lawes and liberties of the Land And therefore the house of Commons in its first purity before any of them was corrupted with assessing treasuring and disposing of the Common-wealths money in Clandestine Wayes not in the least allowed by the known and just Law of the Land and which to the Common-wealth they are not able to give an account of as indeed and in truth they ought of all the monies they have raised I say the house of Commons at the first beginning of their straights when they would render themselves amiable and lovely in the eyes of their Impowrers the people that trusted them They tell them in their first and most excellent Declaration 1. par Col. Declar. pag. 14. That they have supprest all Monopolies whereof some few did prejudice the Subject above a Million yearly the Soap an hundred thousand pounds the Wine three hundred thousand pounds the Le●ther must needs exceed both and salt could be no lesse then that besides the inferiour Monopolies Was this an excellency in the peoples Commissioners at the beginning And can it be lesse now then the greatest of basenesse in them to do the quite contrary Yea and that after so much bloud hath been shed and so much money spent and so many Oaths and Covenants sworn and taken to preserve the fundamentall Lawes and Liberties of the Kingdom And here I must fall extreamly foule upon Sr. WALTER EARLE GILES GREENE IOHN ROLL GEORGE TOMPSON ALEXANDER BENCE all Parliament men for their unjust and illegall Order made at the Committee of the Navy and Customes Novemb. 12. 1646. which is published in print on purpose to conjure the Officers of the Customs to take care to put the aforesaid patentee M●●op●lizing Ordinance of the GREENLAND COMPANY in d●e execution according to its true intent and meaning and that before they passe any en●ry or other warrant for any F●ns or gills wrought or unwrought or for any sort of W●●le O●le or other Oyle to call to their assistance the Officer or the Officers of the Greenland Company if any such be appointed for the place to view the same thereby to proc●ed according to the Ordinance of Parliame●● which Ordinance is dated the 6. of May 1646. which AVTHORISETH THEM TO CEISE UPON ALL SVCH COMMODITIES that are brought in by any other free Merchants that are not of this Company by m●anes of which they ing●osse all the trade into their own hands and sell their Commodities for double the rate that others if they might be suffered to bring them in would sell them O brave and gallant slavery and bondage The dear but unwelcome purchase of all our blood and money The next querie that will arise will be this Whether some particular Parliament men have not outstript the bounds of their Commission And here I shall answer affirmatively likewise or else as Samuel said to Saul what meanes this bleating of the Sheepe in my eares and the lowing of the Oxen which I heare So say I if all be right what meanes MAJOR GEORGE WITHERS Complaint against Sir Richard Onsley and Sir Poynings Moore and Mr. IOHN MVSGRAVES loud Complaint and impeachment of treason against Mr. Richard Barwis which he hath largely published in severall bookes to the view of the world called A WORD TO THE WISE ANOTHER WORD TO THE WISE YET ANOTHER WORD TO THE WISE In which he also accuseth Mr. Lisle the Chairman of the Committee of great injustice for making a false Report to the House And what meanes the grievous Complaint of divers Gentlemen of the County of Durham against OLD SIR HENRY VANE which is printed in ENGLANDS BIRTHRIGHT pag. 19. 20. 21 And Lieutenant Collonel Lilburne● Complaint against him in