that have been in the whole land besides And I challenge you in their behalfe and all your co-partners in England to instance or lay unto their charge any the least particulars acted writ said or done by the body of them or those that you count the ring leaders of them that in the eyes of any rationall men in the world doth in the least tend to the destruction of liberty and proprietie or to the setting up of Levelling by universall Communitie or any thing really and truly like it A lasse poore men their great and reall crime is this and nothing else that they will not be ride and inslaved by your masters Cromwell and Ireton and their confederates in the Houses viz. Earle of Northumber and Earle of Solisbury Lord Say Lord Wharton Mr. Lenthall Speaker the two Sir Henry Vains Sir Arthor Hasterige Sir Iohn Eveling Iunior Mr. Recrepoint Col Natth Eines coveteous and ambitious Solicitor S. Iohn Commissary Gen. Staines Scout Master Generall Watson Col. Rich the greatest part of which put altogether hath not so much true volour in them as will half fill a Sempsters Thimble nor so much honestie as will ever make them fit for any thing but Tyrants And indeed and good earnest Mr. Frost if divers of the forementioned honest men which you call Levellers would have been soft wax wether cocks Creatures every thing and nothing but to serve great mens ends I am very confident of it they should not have had your pen so deeply dipt in gall and vinegar against them as in that most desperate malicious lying book it is but in doing what there you doe you doe really without a maske or vizard shew your self what you are viz. a Secretary more fit for the Great Turke then for a Committee of that Parliament that in the yeares 1640. and 1641. did so many iust gallant and excellent things nor have incurred so much bloody hatred and destroying indignation from your last forementioned Grandees Lords and Masters as they have done but I am confident of it some of them might easily at this day have been in as great repute esteemation and place as your self having as much brains and parts and a little more resolution as your self But hinc ille lacrimae heer 's their sorrow heer 's their treason been their rebellion faction sedition stirring up and dividing the people and here is their Annarchicall Levelling as you call it that they will indure tyranny oppression and injustice no more in apostatised Cromwell and Ireton and their forementioned confederates then in Mr. Hollis Sir Pillip Stapleton c. nor then in the Earle of Essâ—x Earle of Manchester c. nor in the King and his Cavieleers nor in the Councell Board Star Chamber High Commission c. but desire that all alike may be Levelled to and bound by the Law and so farre I ingeniously confesse I am with them a Leveller and this Mr. Frost without any vernishing or colution is their only and alone crime in the blood-shot eyes of you and your new Lords and Masters And besides if in the phrases of men I may speake to you the forementioned honest men and their principles have been the Creators to set up Cromwell his preservers to support him in his straits which have not been a few his Sanctifiers by their praises and fightings to sanctifie him and to make him amiable and lovely in the peoples eyes his Redeemers to redeem him from destruction by Hollis and Stapleton c. even at that time when I am confident he gave himself up in a manner for a lost and undone man and to requite them for all their faithfullnesse to him and hazzards for him he hath visibly and apparently made it his study and worke to crush and dash them to pieces like a cuber of Glasses with such violence as though he designed and intended they should never be gâ—ude or sodered together any more O monstrous unnaturall ignoble and horrible ingratitude and yet even this in its hight hath been acted and done by him unto them as is undeniably demonstrated in that notable book called Putney projects and an other book called the Grand designe and a book in answer to his lying champion Mr. Masterson called A lash for a Lyar. And therefore from all that hath been said I againe christen your forementioned tribe the true and reall Levellers and those that you nick name Levellers the supporters and defenders of liberty and propriety or Anti Grandees Anti Jmposters Anti-Monopollsts Anti-Apostates Anti-Arbitrarians and Anti-Levellers And further in your sixe pag. you say that the foresaid honest men are grown to that hight both by making combinations printing and dispearsing all manner of false and scandalous Pamphlets and papers against the Parliament to debâ—uch the rest of the people gathering moneys and making treasures and representers of themselves that the Parliament can no longer suffer them in these seditious wayes without deserting their trust in preserving the peace of the Kingdome and the freedome and propriety of peaceable men For printing and dispearsing all manner of false and scandalous Pamphlets I retort that upon you and the rest of the mercianary pentioners of your Grandees lying Diaâ—nolls and Pamphlets being one of the chiefe meanes to support their rotten reputation and new attaind unto soveraignty but I am sure you and they have almost lockt up the presses as close as the Great Turkâ— in Turkey doth Tyrants very wel knowing nothing is so likely to destroy their tyrany procure liberty to the people as knowledge is which they very well know is procured by printing and dispearsing rational discourses But your Grandees have been very grosse in their setting up their new tyranny for at their first rising at one blow and with one ordinance they lock up the presse clooser then ever the Bishops did in all their tiranny or then Mr. Hallis and his faction againw whom for tyranny and injustice your Grandees in their declaration so much crid out upon did alâ— those yeares they bore the sway And J am sure it was the maxim of the chiefe of your Grandees the beginning of this Parliament that alwayes in time of Parliament it being a time of liberty and freedome the printing presse should be open and free and J am sure this was their answer to the Bishops the begining of this Parliament when they solicited the House of Commons to stop the presses and for my particular I shall give you my consent to an Ordenance or law to make it death for any to print or publish any book unlesse the author to the printer or bookseller enter into some ingagement to maintaine with his life the truth of his book provided the Presses may be free for all that will so doe And as for gathering money to promote popular Petitions and all the rest of your charges upon them they may easily iustifie them out of the Parliaments own premitive declarations and for a little tast of
A Whip for the present House of Lords OR The Levellers Levelled In an Epistle writ to Mr. Frost Secretary to the Committee of State that sits at Darby House in answer to a lying book said to be his called a declaratio c. By L.C. Io. Lilburne Prerogative Prisoner in the Tower of London Feb. 27. 1647. Into which is inserted his speech against the House of Lords Legislative and Iudicative power made at the barre of the House of Commons the 19. of Ianuary 1647. In which is punctually proved both by reason and the Parliaments own Declarations that though the present House of Lords de facto exercise a law making and a law iudging power yet de jure they have no right to either being meer prerogative Usurpers and that the House of Lords exercising their pretended Legislative power is destructive to the Libertie and Freedomes of England it alone having been the chiefe cause of all the late warrs and blood shed in England for which as the Bishops were they deserve to be puld up by the Roots In which is also a lash for L. G. Cromwell and Mr. Masterson the lying Shepheard of Shoreditch neere London Mr. Frost I Took occasion the 14. of this present to write a few lines unto you which before I can goe any further I am necessitated here to insert Mr. Frost I Have looked upon you formerly as an honest English man though full of feares and a spirit possessed with two much compliance with unrighteousnesse But a book comming this day to my hands called A Declaration of some proceedings of Lievt Col. Iohn Lilburne published by authority but yet without an Authors name to own it makes me a little in my thoughts to stagger for upon reading of a few pages of it in my own thoughts I iudged the book to be of Mr. Nathaniell Fines his penning or of your own and as I was musing who should be the Author of it I had word brought me from Westminster that possitively it was yours But being desirous if possible I can to know certainly whether it be yours or no before I direct my lines in answer to it to you For I cannot but acquaint you that by Gods assistance I do intend to answer it to the purpose and therefore cannot but intreat you to prevent me from wronging of you and that if my information doe deceive me I intreat you by this bearer to send me two lines under your hand that it is not yours for without such a disavowing I shall take you as in it you say the Lords took me pro confesso and make in due time further addresses to Mr. Walter Frost from his friend John Lilburne But Mr. Frost having not to this houre received one word of answer or one line from you either to own or disavow the foresaid malicious fallacious and lying book I doe therefore in good earnest take it to be yours though in the first reading of the 10. pag one would take it to be compiled by the House of Lords themselves and accordingly shall direct my present lines to you as the Author of it though it may be supposed you had more fingers in it then your owne And at present I shall only principally meddle with that part of it that concernes the House of Lords but of neccessitie I must sum up the substance of your discourse that antesedes that and if I mistake you not the drift of your pen is to vernish over the reputation of the present swaying tyrants the Grandees in the Army and their confederates in the two Houses and to bespatter and levell with the ground upon which they tread all those that they or you conceive may stand in their way in keeping them from attaining to the full possession of their ultimate or finall desires viz. to set up themselves in the full throne of the exercising of an unlimitted unquestionable arbitrary and tyrannicall power and domination over the lives liberties and proprieties of the free men of England Which I will maintaine it they have already de facto levelled with the corrupt rule of their own factious and arbitrary wills and have already sâ—â— ordered the businesse that no man in England can justly or rationally say that his life liberty or estate that he possesseth is his own or that it is possible to inioy it any longer then during their tyrannicall wills and pleasures which already is become the sole and only present safe rule to walk by in England You spend your 1 2 and 3. pages with laying a good round load upon the King and the mischievousnesse of his evill government And then in the last end of your third pag and in your 4 5 6. pages you insinuate that there are a generation of men under specious pretences that have not been professedly of the Kings party that yet drive on his designs And in the beginning of your 5. pag. you intimate that the Levellers perfectly play the Kings game And truly I must tell you I doe absolutely beleeve you and tell you that you and your tyrannical Lords and masters Cromwel and Jreton and the rest of their confederat Grandees of the Armie and in both Houses the names of the principallest of which you mâ—y read in the 57 67. pages of my late book called the peoples prerogative and priviledges vindicated c. are the true and perfect Levellers that are in being in the Land of England having already filled up all the ditches and puld down all the hedges that should be as â—fence to preserve our lives liberties and proprieties and have already de facto levelled them and all our just lawes to their tyrannâ—call wills which I have punctually and particularly prâ—â—â—d 〈◊〉 my 〈…〉 book as you may read in the last pag. of the proeme and in the 40. 41. pages of the book it self to the last end but read especially the last halfe sheet and argumentall answer it which I challenge from you or any other of the Grandees pentioners But in the third place in the conclusion of your 5. pag. you declare who the Levellers are viz. the promoters of the dividing distructive Agreement of the people Truly Sir I now know who you meane by the Levellers and that is a company of honest men that both in the Bishops time laboured against and opposed tyranny in all they meet with it in to the apparent hazzard of their lives and at the beginning of this Parliament and ever since hath done the very self same thing and I will maintain it by particulars upon my life have been to the utmost of their powers constantly and continually yee in the Parliaments greatest strait the truest friends to the universall common and true interest of England and the iust interest of Parliament that the kingdome of England hath afforded and never changed their principles to this day and have been the truest and constantest asserters of liberty and propriety which are quite opposite to communitie and Levelling
iustice yet in my case as I said in my grand plea before Mr Maynard of the House of Commons page 13. so I say still their Court was no Court to me having not the least jurisdiction in â—he world by law of the cause and therefore my affronting contemning abusive carriage towards them 〈◊〉 as you are pleased to call it was no violation of the Law and therefore not punishable in regard they â—eâ—led with that they had no power by law to medle with for if a Court of Sessions questions me for my â—ree-hold and I refuse to answer them and give them contemptious words for medling with that which â—y law they have no iurisdiction of they may by law bind me to my good behaviour but cannot finâ— or â—â—prâ—son me much lesse disfranchise me of all the priviledges of an Englishman as the Lords have most â—â—â—eâ—ally done to me as appeares by their sentence printed in that notable book called Voâ— plâ—bis the â—â—me holds good in the Court of commmon Pleas who if they goe about to hold Plea of murder before â—hem if the party refuse to answer it is no contempt of the Court because by Law they have no iurisdiction â—ver such cases and pertinent to this purpose is Baggs case in the 11. part Cookes reports who being â—â—mmoned before the Mayor of Plimoth in open Court called him cousening knaue and said unto him come â—â—sse my arse c. for which the Maior disfranchised him and it was by law resolved that the disfranâ—hisement was illegall because it was not according to law for the Mayor in law had no power to â—o it and at most could have only bound him to his good behaviour the same holds good with the â—ords in reference to me 〈◊〉 that they have no jurisdiction over me in the case in controversie nor over â—ny Commoner of England in criminall cases I have undeniably proved in my Plea before Mr. Marâ—n of the house of Commons of the 6. of November 1646. now in print and called an Anatomy of â—he Lords Tyranny and in my Grand Plea before Mr. Maynard of the 20. October 1647. And in â—y wifs large petition delivered to the House of Commons the 23. Sept. 1646. and printed in the â—â— 72 73. 74. 75. 76. 77. pages of Regâ—ll Tyranny and the 65. 66. c. pages of my own book called â—ondons liberty in Chains and in the 20. 21. c. pages of my book called the Out-cry of oppressed comâ—ons but a colourable Answer to the Arguments therein contained I could yet never see â—â—ough I have extraordinarily longed to see what rationally and legally could be said in Answer 〈◊〉 them â—nd that I have never declined a fair ishew of my controversie with Lords the before my competent â—udges the house of Commons that I have appealled to clearly appeares bâ— my constant uninterupted â—â—licitations of them to heare it finally adiudge it and this also fully appears by my Additional plea â—nt to Mr. Maynard the 38. Octo. 1647. and printed at the last end of the second edition of my grand â—lea where I wholly put my self upon the finall iudgement of the house of Commons though sufficiâ—ntly corrupted But that I may fully make it evident to all the world that J have offered the Lords all the faire play â—n the earth to come to a finall issue with them J shall here insert my proposition of the 2 October â—647 the originall Coppy of which I sent to the House of Commons which was there read and debatâ—d and after that I printed and published some thousands of them in single papers and after that reprinted it in the 16. page of the second impression of my Grand plea and now of late have reprinted 〈◊〉 the third time in the 70. page of my last book called The peoples perogative or priviledges asserted c. â—hich thus followeth verbatim The Proposition of Liev. Col. Iohn Lilburne Prerogative Prisoner â—n the Tower of London made unto the Lords and Commons assembled at Westminster and to the whole Kingdome of England October 2. 1647. I Grant the House of Lords according to the stattute of the 14. of Ed. 3. chap. 5 Which statute verâ—atim you may reade â—n the 9 page of my last forementioned book withall the rest of the princpalest statutes made for the Peoples libertie since Magna Charta to have in law a iurisdiction for redressing of grievances either upon illegall delayes or illegall iudgements given in any of the Courts at Westminster Hall provided they have the Kings particular Commission therefore and all other the legall punctillos contained in that Statute which jurisdiction and no other seems to me to be confirmed by the Statutes of the 27. Eliz. chap. 8. and 31. Eliz. chap. 1. But J positively deny that the House of Lords by the known and declared Law of England have any originall iurisdiction over any Commoner of England whatsoever either for life limb liberty or estate which is the only and alone thing in controversie betwixt them and me And this position I will in a publique assembly or before both Houses in Law dâ—bate with any 40. Lawyers in England that are practisers of the Law and I will be content the LORDS shall chuse them every man and if after I have said for myself what J can that any three of these forty Lawyers sworn to deliver their judgements according to the known law of England give it under their hands against me 〈◊〉 will give over my present contest with the Lords and surrender my self up to the punishment and sentence of the present Lords and Commons Provided at this debate J may have six or ten of my own friends present to take in writing all that passeth thereupon Witnesse my hand and Seale in the presence of divers witnesses in the Tower of London this 2. of October 1647. John Lilburne Now I oppeale to all the rationall men in England whether any man under heaven can offer the Lords farer then here I have done to which I now againe to you declare that I am willing to stand to yea and now againe dare them to enter the lift of the dispute upon that very proposition But seeing iust in the very nick of time as I was writing these lines there is brought in unto me a brandished weapon of another petty fogging Champion of the Lords viz William Prinn who stileâ— his book the Levellers Levelled to the very ground who pretends to be a Champion for the House of Lords but hath not so much parts abilities courage and mettell in him as to dare to meddle with either of the maine things in controversie betwixt the Lords and those in his 2. pag. he stiles Lilburnistâ— and Leyellers And that is first their right to their Legislative or law making power Secondly Their right by Law to their Iudicative power over Commoners in crimimall causes But he only answers a meere falacie which is none of my tenent nor
it was requisite it should be promoted And also for the healing of the divisions amongst the people and knitting them together in love that so their minds might be diverted from studying the â—uin each of other to studie the destruction of Tyrants that would in time destroy them all whose fundamentall maxime â—t is that they must by policies and trâ—cks divide the people amongst themselves or else they can never safely tyrannise over them †And therefore of all dangerous kind of cattell that ever were have a care of the Lawyers whose interest it is to set up and promote tyranny that so thereby divisions and discords enough may be begot without which they cannot live and grow rich and great and therefore take this for an infallible rule that if at any time there be any thing promoting for healing the divisions of the people and securing their liberties and proprieties the mercinary hackney Lawyers are principally the men that bend all their might and strength to oppose it and crush it and therfore I say againe look upon them with an evill eye as the vermine plagues and pests of a Common wealth there being so many of them in England as is able to set a thousand peaceable Kingdomes together by the eares therefore say I to the people never fit still till you have got your Lawes abreviated with all their entryes and proceedings in English that so you may understand them and plead your causes your selves and so let the Lawyers goe shake their cares till which you will never inioy peace and quietnesse And Mr. Speaker there was one in the Company that made a motion to this effect that he did conceiveit was more requisite at present speedily to second the Armies Declaration with a petition to incourage this House vigorously to go on to prosecute their last Gallant Votes for so they were called to which was answered to this effect That in this petition was contained more then was in all them Votes for it struck at the very root of all that tyranny that had enslaved and would inslave us viz. the Negative voice in King and Lords both which the Votes did not in the least And it was impossible that there could be an active member in the House of Commons but knew that this petition was promoting all over the Kingdome which abundantly declares greater incouragement to all those Members of the House that really intended good to the Commonwealth then possible could be in a single complementall Petition signed with 4 or 500. hands such a petition being rather fit to puffe them up and thereby divert them from fully intending the peoples good then upon reall grounde to strengthen and incourage them therein and there was never a member of the House whose design in the largest extent of it was no more then the pulling down of the King that so he might be a King himself but of necessitie he must receive more satisfaction and incouragement from the knowledge of the promoting this gallant unparaleld petition which is a cleare demonstration to the Parliament that those that promote it clearely understand that the King and the Lords tyranny and their liberties are inconsistent then he could doe from a bare complementall petition which would also be dangerous to our selves in quashing the vigorous prosecuting of this that contained the utmost of our desires and the sum of all those things that in this world we desired to make us happie But Mr. Speaker it was againe obiected that seeing the Petition struck so much at the House of Lords as it did who lately it was said had concurred with this House in their Gallant Votes against the King it was dangerous to the Kingdomes safety in this iuncture of time to promote it loast is might occasion a clashing betwixt the two Houses which would now be very dangerous Uâ— to which Mr Speaker my self c. answered to this effect that if the Lords had so concurred in these Votes that they had declared it had been their duty without dispute â—o have concurred to all such Votes as the House of Commons had passes there had been some ground to have pleaded for a respect 〈…〉 from us But seeing they so passed the Votes as in the passing of them they declared it to be their right to give their denyall to any Votes the House of Commons shall hereafter passe that doth not please them We are thereby ingaged the rather to goe on with our Petition to pluck up their destructive interest by the roots that had brought all our miseries and woeâ— upon us For Mr. Speaker if the Lords be considered in their indicative power we shall find them as guilty of treason in subverting our fundamentall lawes and liberties as ever the Lord of Strafford was for which he lost his head †See his Bill of Attainder by vertue of which he lost his head printed in the 29. pag. of the Peoples prerogative read also the â—6 47. 55. pages thereof read also his charge printed at large in a book called speeches and passages mentioned in the 28 pag. of my book above mentioned who in his impeachment of high treason by this House was accused it tho 4 5 6 7 8 9. articles that he had treacheâ—ously subverted the fundamentall lawes and liberties of England and Ireland and introduced an arbitrary tyrannicall government beyond and above law in that he had upon paper petitions and verball complaints without any due course processe or shadow of Law but meerly by the Law of his own will outed divers of the free men thereof out of their liberties proprieties and freeholds to the ruin and destruction of many of their families And truly Mr. Speaker I must aver it and doe aver it before this House that the present House of Lords are as guiltie of this trayterous subverting of our fundamentall lawes and liberties and introducing and exercising an arbitrary and tyrannicall government above and beyond all law and iustice as he was And by the law of their own wills without any due course or processe of law or the least shaddow of law have outed divers free men of England out of ther liberties properties free holds * See amongst many other of their transcendent acts of iniustice the lamentable case of Iohn Pointz alias Morrice Esquire and Isabel Smith c. which you may read at the last end of this Epistle they themselves being Complainants Prosecuters Parties Witnesses Jury and Iudges have passed most barbarous and tyrannicall censures upon them to the apparent ruine of them and their families yea and upon me have passed so barbarous and transcendent an illegall sentence that I am confident the like of it in all circumstances is not to be paraleld in all the Earle of Straffords tyranny for which he lost his head And Mr. Speaker let me freely tell you that unlesse this House doe execute upon the present tyrannicall House of Lords or the mischievous and law
distroying ring leaders amongst them the Earle of Straffords punishment I shall never iustifie you for righteous and impartiall Iudges or think that you have discharged your duty either to God or the Common wealth And then Mr. Speaker in the second place as for the Lords Legislative power I told my friends to this effect that the Lords usurpations in that particular had been the cause of all the late wars and blood shed in England And Mr. Speaker I illustrate it unto you thus that before this Parliament was called there were certain great and wicked men in England that had in a manner totally destroyed and subverted all our lawes and liberties For the Judges in the iudgement of Ship money alone had given up to the King at one blow all our properties and by consequence all our lives and all that was deare unto us And these with many others had de facto set up an arbitrary tyrannicall power beyond above all law which is well set forth in your first Remonstrance of the state of the Kingdome which had like to have destroyed this whole Nation and the King being of necessity compeld to call this Parliament this House in its verginitie and puritie according to the great trust reposed in them endeavoured to execute justice and judgement upon the forementioned tyrannicall law and liberty destroyers whose power and interest by reason of those many great places and command they possessed in the Kingdome and by reason of the length of time they had continued in their wickednesse had so fastly routed and revited them in the bowels of the Common wealth That the endeavouring to pluck them up occasioned the feare of a dreadfull Earth-quake in the Kingdome and therefore that this House might in securitie goe on effectually to discharge their trust and duty to the kingdome they were therefore as to me appeares necessiâ—ated to new mould the Militia of the Kingdome and to put the strength of the nation into more confiding hands then it was before which desires of theirs they sent up to the Lords for their concurrance who refused to concurre not once nor twice but many times †See 1 part book dec pa. 289 364. 365. 398. 548. 557. and procrastinated time so long by their delay that the Kingdom was therby in danger of ruine which necessitated this house to send up Mr. Hollis a quandum Patron of the peoples liberties to the Lords bar with a message to this effect to demand the names of all those Lords that would not concurre with this House in saving the Kingdome that so they might be the obiect of their iustice and punishment And truly if the Lords had had a reaâ—â— and true right and title to their Negative voice to deny concurring with this House in what they pleased this message was no better then by feare and compulsion to ravish them out of their judgements and consciences and so by force to rob them of their rights And upon this message Mr. Speaker when the House of Lords see this House was in good earnest being prickt up thereunto by divers transcendent high Petitions of the people after they had delayed their concurrance so long as they could or durst the most of them fled and the remnant or lesse part concurred who at the best if they had a right to deny or grant it their wills and pleasures can be stiled no better then a House under force and by the same argument it â—ill follow they have so continued ever since and so all their acts eversince are null and void in law and reason both being the act of force and therefore of necessitie it must either be granted that the Lords pretended right to their law making power is a meere usurpation or else that the House of Commons committed the Apprentices late treason inforcing the Parliament But Mr. Speaker I said and still doe say that the Lords so long standing out and refusing to concurre with this house to settle the Militia of the Kingdome gave the King an oppertunitie to withdraw from the Parliament and to lay his design for a War yea and to gather his forces together whereas if they at the first desire had concurred with this house in setling the Militia the King had never had an oppertunitie to have withdrawn himself from the Parliament or to have gathered 300. men together much lesse an Army and so there could have been no Warre and blood shed in the Kingdome And therefore Mr. Speaker as I old amongst my friends so I doe here again lay the guilt of all the blood that hath been spilt in England in the late warre which I doe beleeve amounts to the number of 100000. men that have lost their lives in it at the House of Lords doore and this House Mr. Speaker in my apprehension can never in justice either before God or man acquit them selves as iust men if at their hands they doe not require and upon their heads requite the guilt in shedding all this innocent blood And as for their right to their pretended Legislative power I told my friends Mr. Speaker I would maintaine it upon my life against all the Proctors the Lords had in England that they had no truer right to their Legislative or Law making power then what they could derive from the sword of that Tyrant Willâ—am the Conquerer and his successors and therefore it was that in their joynt Declaration with this House published to the view of the Kingdome they doe not stile themselves the chosen Trustees or Representatives of the Kingdome but the Heriditary Councellers of the kingdome †See 1. part book decl pag. 324. 508. and Vox Plebis pag. 43 44 45 86. 92. 93. 94. in which pages the Lords are soundly paid but especially in the last the strength of which is taken out of Will. Prinns part of the soveraign power of Parliaments and kingdomes pag. 42 43. 44. where he hath if my judgement serve me levelled the Lords as sow as ever any of those he calls Levellers in England did and therefore his new book needs no other answer but his own words in his forementioned book so his own hand is against himself that is to say men imposed upon the Kingdomâ— for their law-makers and Rulers by the ficious omnipotencâ— will of the King to be their law makers and governourâ— Who in his answer to the 19. propositions hath no better plea for the Lords Legistive power but that they haâ—â— their right thereunto by blood And Mr. Speaker I said unto them and now averre it with confidence unto you thaâ— for them to take upon them the title of Legislators of England they have no more right so to doe then a Rogue Thâ—eefe and Robber that robs me upon the high way and by force and violence takes my purse from me had or hath to call my money when he hath so done his own true and proper goods Or Mr. Speaker for them to plead
that because they have exercised this power for some 100. of years together that therefore now without all dispute it is their right and due I told them t was no better an argument then for a Knave to aver such an honest rich woman was his wife and her riches his propriety because by force and violence he had committed a rape upon her verginity and by force and violence had taken possession of her goods and forced and compelled her for feare of having her throat cut to hold her peace Now Mr. Speaker from the act of force and violence committed upon such an honest woman to draw this argument or conclusion that therefore he that did commit it because he used her or lay with her is her lawfull and true husband or that all her goods are his because by force he hath taken them from her and by force keepâ— them and useth them as his own is no found argument and yet as strong a one as for the â—or as by force of Armes to ioyne with the Kings of England to rob us of our native and undoubted liberties and rights which is to chuse and impower all out law-makers and to be bound by nâ— law imposed upon us by those that never were chosen be trusted by us to make no lawes and then usurp them to themselves and by force and violence is keep them from us and then to plead because they have possessed them so â—ong that therefore they have a true undoubted and naturall right unto them Besides Mr. Speaker I told my friends that if ever the Lords had any right at all to their pretended Legislative or law making power whichâ— utterly deny that ever they had yet they have since this Parliament with their own pens and tongues given it away And that I did and doe prove thus the Lords themselves never claimed their power by any other right then what they derived from the King by his letters patenâ—â— writ in a piece of Parchment with a seale to iâ— Now if the King have no Legislative power inherent in himself without all controversie in the world he can give or derive none unto the Lords for it is impossible that that should flow or come from a thing that is not originally inherent iâ— the thing it self But the King hath no legislative or law making power inherent in himself and therefore can give or derive none unto the Lords And that the King hath no legislative power inherent in himself J prove out of the Lords own words in their ioynt declarations with this house of the â—6 May 1642. and of the 2. Novemb 1642. 1. part book declarat pag. 268 269 270. 7â—6 707 708 709 710 711 712 713 714 715 Where they spend many leaves to prove that the King is of duty bound by his Coronation Oath to passe all such Lawes as the FOLK PEOPLE or COMMONS shall chuse and if so then he hath no Negative voice and if no Negative voice then he hath no Legislative power and so cannot possibly give any to them and that he hath no Negative voice or Law-making power their own words and arguments fully prove in the forementioned declarations Nay Mr. Speaker it was further declared to this effect that if this house did instate the people of the Kingdome in all the rest of their liberties and left this pretended Legislative power of the Lords unroâ—ted up they were but slaves by that one particular alone and that was illustrated in this manner All Legislative power in its own nature is meerly arbitrary and to place an arbitrary power in any â—rt of persons whatsoever for life considering the corruption and deceitfullnesse of mans heart yea â—â—e best of men was the greatest of slavery but the claime of the Lords is not only to have an arbiâ—â—ary power inherent in themselves for life but also to have it hereditary to their sonnes and sonnes â—â—nnes for ever be they Knaves or Fooles which is the highest vassalage in the World And herefore Mr. Speaker J must freely tell this House that I shall never believe they really and in good earnest â—â—tend to make the Kingdome free till I see them pluckt up by the roots this grand tyranny of the â—ords though for my part I am not against their enioyment of their titular dignitys nor the inâ—eriting of their great estates alwayes provided they be made sublect to the Law as other men in payâ—ng their debts c. And if for this rigidnesse against the King and the Lords Negative voice I be called 〈◊〉 State Heritique I answer for my selfe that the Parliaments own Declarations hath made me so â—nd that if I be deluded and deceived they are the men that have done it * The rest of my narrative at the bat about the businesse of apostatised Lievt Gen. Cromwell Com-Gen Jreton I desire the Reader to read my large Aâ—ologie formerly made in this kind which â—e shall find in the 24 25. pages of my â—ook called the Resolved mans resolutiâ—n in which book the treachery and â—navery of my bloody and tyrannicall â—tar Chamber Iudges old Sir Henry Vain â—s lively carrectarised the second Felton and my Lord Wharton c. up about half an houre containâ— so much maner in my own head 4 or 5. sheets of paper which I must scipover and remit to another time but because I iudg my conclusion to be very pertinent to my present businesse and sufferings I shall give it you verbatim as I have many dayes ago writ it which thus followeth And now Mr. Speaker I shall draw towards a conclusion having dealt ingeniously with you and freely of my â—wn accord not with the least relation to this notorious lying illegall Charger or Informer given you a full relation of all the materiall discourses at the Meeting c. so fat as my present memory will enable me this I am sure of Mr. Speaker that I have not timerously or falsly hid any thing from you or in one tittle minsed the busines having rather given you more then lesse humbly submiting my self my present relation and all my actions relating thereunto unto this House to referre me and them if they shall be iudged offensive wholly and solesy to be iustified or condemned at the Common law by a tryall before one ordinary Iudge the true and proper executor of the Law and a Iury of my Equalls according to the known and declared law and iust custome of England which is my Birth right and inheritance which instates me into the capacitie that J am not in my present condition to be tried iudged or condemned by this house or any other power in England but according to the known and declared Lawes of England the Executors of which in the least I ever this House are not †Which is very well and fully proved in the 2 3 4 5. pages of Englands Birth-right and the last sheet of Mr. Iohn Wildmans defence against Mr. Masterson
upon my own charges with the foresaid glad tidings was to be voted by the house about 8. Clerk at night to be clapt by the heeles without to this day expressing any pretended or reall crime or cause â—herefore without eversomuch as calling me though then at the doore to speak one word for my self a harsh peece of iustice Mr. Speaker but yet this was not all for the causlesse indignation of this House * And I must and will now say here in â—he margent that Mr. William Lenthall â—he speaker was the principalest man that â—en sought to murder and destroy me for â—y Innocency and the powerful fountain from whence all my then miseries and sufferings did come although I medled nor made not with him before he had got me clapt by the heeles only he having 〈◊〉 guiltie conscience in him made him smite any that he apprehended stood in his way but this let me â—w tell him that I am very confident of it if Mr. Laurance Whittaker Mr. Corbet and the rest of â—he Committee of Examinations had performed the duty of righteous Judges and not have made a most false and lying report to the House of Commons Mr. Speaker had been proved a Traytor according to their own Ordinances but read Englands birth right burnt so hot against me that upon the 9. of August following they caused me to be sent from the Sargeant at Armes his messengers house to Newgate and by all the meanes I could use in the world could neither get this House not its Committees before whom I was to tell me in the least the cause wherefore they were angry with me and yet your causelesse indignation rested not here but when I was in Newgate this House made severall Orders for Mr. Bradshaw Mr. Steele and Mr. Walker to prosecute me for my â—ife as J conceived at the Sessions in the Old Bailey and a Iury was also as I was informed panneld upon me and hundreds of my friends gave me over for a dead man and many times pressed me to seeke â—he favour of this house which I alwayes absolutely refused and trusted to the protection of God my â—nnocency and my pen and in conclusion this House sent me 100. l. to help to beare my charges and the 14. Octob. 1645. by Vote of this house as a iust and innocent person against whom no crim â—nformation or charge had or could be laid released me So that Mr. Speaker you see that this very house upon false and ungrounded information †By or from your self Mr. Speaker Dr. Bastwick and Col. Edward King which causlesly heated and inflamed their indignation against me had like to imbrued their hands formerly in my innocent blood and yet in conclusion were necessitated to release me as an innocent iust and righteous man and Mr. Speaker I could tell this House the name of those in this House that were the principall prosecuters of me in this uniust and unrighteous manner but for that ingenious and honourable respect that I have this day injoyed from this house I am at present in that particular silent only I must acquaint this house that I was no sooner at liberty then the agents of your brother Sir John Lenthall Mr Speaker went up and down the city declaring that I and my confederates had a plot in hand by force of Aâ—mes to destroy this Parliament * And Mr William Prinn was authorised by authority being the common divulger of Lyes to print it see his book called the Lyar confounded pag. 27 and my answer to it called Innocency and Truth iustified pag. 4 5 6. 34 35. where I prove that in eight lines he hath told thirteen or foureteen Lyes of which when I heard I went to Alderman Atkins now a Member of this House and then Lord Maior of London before whom some of Sir Iohns Agents Complotters and Knights of the post were brought and desired him to doe me justice upon them by taking such a legall course that they might be put upon the effectuall proofe of 〈◊〉 conspiracie and treasons which they accused me of or examplary iustice done upon them for the false accusations and combinations to take away my life But truly Mr. Speaker I must clearely declare to this house that I clearely apprehend these persons were set on by men of such power that 〈◊〉 then Lord Maior of London now a member of this House neither durst nor would doe me one draâ— of Iustice †And who those men of power are you may find named in Englands Birth right and my book called Innocency and truth iustified in which two books you may read the whole history of all that desperate combate And Mr. Speaker I looke upon this very accusation given against me as a designed plouâ— melicious and false a thing as any of these formentioned do hope to find so much honour and justice now at tâ— hands of this Honourable house especially considering that now I have in some good measure giveâ— them to understand how maliciously formerly I have been dealt with that they will not in the leaâ— condemne or punish me upon this verball suggestion nor have the least evill thoughts of me till theâ— see the businesse fully debated according to law and common iustice And now to conclud all Mr Speaker I shall humbly crave the patience of this house to heare me twâ— or three words about my own particular businesse that hath hung so long in this house And what I have to say in this particular I shall be very briefe in And in the first place Mr. Speaker as for my appeale to this house which hath hung here almoâ—â— two yeares without your judgement or finall determination post upon it although I for my part Mr Speaker have used all the wayes and meanes I can to procure it but as yet Mr. Speaker I can not obtaine it I therefore make it my humble sute unto this Honourable House that if yet they be not satisfied in the legally of my protest against the Lords usurping jurisdiction over me that then thiâ— house Mr. Speaker will be pleased to appoint a day in the open house to heare me openly whe◠†As all pleadings or tryalls in all Courts of justice ever ought to be See 2. part inst fo 103. 104 and regall tyranny p. 81 82. 83. And the Royall quarrell p. 8. S. Io. Maynards case truly stated now Mr Speaker I solemnly offer singly and alone 〈◊〉 this bar to maintaine and iustifie the legallitie of my proceedings against the Lords against all the procters they have in England to send to this bar to plead their causâ— for them face to face yea Mr. Speaker I shall be willing they shall take in the helpe of all the Agents they have 〈◊〉 this House †And the helpe of their Creatures in the House I the rather proferred them because I was certainly informed that Mr. Sam. Brown Mr. Pridix and Mr. Hill all