Speaker I shall draw towards a conclusion but being that which followed is printed at large in the 17 18 19 20 22 c. pages of the forementioned Book Calleda Whip for the present House of Lords I for brevities sake shall here passe it over and refer the Reader if he pleases to the perusing of it there where also he will find I was like to be murthered at the House door by their Guard because I would not go to prison but by vertue of a Warrant made according to that forme the law requires all Mittimusses to be but being overpoured with drawn Swords and bent Muskets I was forced to the Tower as a pretended Traytor And therefore to record to posterity the despâ—rate and inveterate malice and hatred of Cromwel and his associats against the Liberties and freedoms of England who to the breadth of an haire are like those wicked men in Christs time unto whom in Mat. 23 13. he thus speaketh But wo unto Scribes and Pharisees Hypocrites for ye shut up the Kingdom of Heaven against men for ye neither goe in you selves neither suffer ye them that are entring to go in Even so traiterous bloody and ambitious Cromwell and his wicked associats wil neither do good themselves in settling the Liberties of England nor suffer those that would to doe it therefore woe unto them hypocrites and painted Sepulchers who for all their fair pretences hate the Liberties of England more then they do the Devil and rather then the people shall enjoy any real good for all the cost and hazards in seaven yeares wars for their Liberties and Freedoms and so rid themselves of their Lordly and tyrannicall yoaks they wil shake Kingdoms and Nations and hazard all yea their own lives by dint of Sword in new and bloody Wars rather then the people shall enjoy their Liberties or those without an imprisonment for Traytors that fairely and justly prosecute them the last war in this Nation and all the innocent blood shed therein lying principally upon Cromwel and Iretons sâ—â—re for breaking all their faith promises and engagements made unto the Kingdom for their glorious sâ—tling of their Liberties which they not only failed in but begun to set up a selfish and Tyrannicall Interest of their own and persecuted unto death and bonds the zealous sticklers for the peoples welfare liberties and freedoms which begot heart burnings and divisions and thereby put the people into fury and madnesse which brought in an inundation of bloudshed For the demonstrating this in part take here A Copy of the Petition for promoting of which M. Iohn Wildman and I were imprisoned a matter of seven months as Traytors which thus followeth To the Supream Authority of England the Commons assembled in PARLIAMENT The earnest Petition of many Free-people of this Nation SHEWETH THat the devouring fire of the Lords wrath hath burnt in the Bowels of this miserable Nation untill it s almost consumed That upon a due search into the causes of Gods heavie judgements we find a) a) Ezek. 24.6.8.9.10 Amos 5 9 10 11 12. Mic. 2.2 3. 3.3.4 9 10 11 12. Nahum 3 1.2.19 Hab. 1.3.4 6. 2.8.11 12 17. Joe 3.6 7 8. that injustice and oppression have been the common Nationall sinnes for which the Lord hath threatned woes confusions and desolations unto any people or nation Wo saith God unto the oppressing City Zeph. 3.1 That when the King had opened the (b) (b) by Ship-mony Loane-mony Coat conduct mony Patents Monopolies c. Flood-gates of injustice and oppression (c) (c) See the Remonstrance of the State of the Kingdom Decem 1641. p. 5 6 7 8 9 10 11 14 15 upon the people and yet peremptorily declared that the People who trusted him for their good could not in or by their Parliament require any account of the discharge of his trust and when by a pretended negative voice (d) (d) See the Kings Answer to the Petition of Right and also the Parlia Remon of May 19. 1642. 1 part Book Dec. pag. 254 284 285. See the Kings Answer to the Par. Dec. of May 26. 1642. p. 298. to Laws he would not suffer the strength of the Kingdom the Militia to be so disposed of that oppression might be safely remedied and oppressours brough to condigne punishment but raised (e) (e) See the Ord. for Militia 1641. 1 Book Dec. p. 89. 105. 106. 114 126. 175 176. 182. 243. 283 292. a War (f) (f) See the Par. Votes May 20. 1642. 1 part Book Dec. 259 See also p. 465. 509 576. 580. 584. 617 618. to protect the Subverters of our Laws and Liberties and maintain Himself to be subject to no accompt even to such oppâ—essions and pursuing after an oppressive power the Judge oâ— the earth with whom the Throne of iniquity can have no fellowship hath brough him low and executed fierce wrath upon many of his adherents That God expects justice from those before whose eyes he hath destroyed an unjust generation Zeph. 3 6 7. and without doing justly and relieving the oppressed God abhor fastings and prayers and accounts himselfe mocked Pro. 15.8 Isa 10 11 12 13 14 15 16 17. 29.13 14. 58.41 5 6 7. 66.2 3. Jer. 6.19 20. 7 9 10 11 14. Amos 5.6 7.15.21 22 23. Mich. 6.6 7 8. That our eyes fall with looking to see the foundations of our Freedome and peace secured by this Honorable Hâ—â—â—e and yet we are made to depend upon the Will of the King and the Lords which were never chosen or betrusted by the People to redresse their grievances And this Honorable House which formerly declared that they were the Representatives of all England and be trusted with our estates liberties and lives 1 part Book of Decla 264. 382. do now declare by their practice that they will not redresse our grievances and settle our freedoms unlesse the King and the Lords will That in case you should thus proceed Parliaments will be rendred wholy uselesse to the People and their happinesse left to depend solely upon the will of the King and such as he by his Paâ—ents creatâ— Lords and so the invaluable price of all the precious English bloud spilt in the defence of our freedoms against the King shall be imbezelled or lost and certainly God the avenger of bloud wil require it of the obstructors of justice and freedom Judges 9 23. That though our Petitions have been burned and our persons imprisoned reviled abused only for petitioning yet we cannot despair absolutely of all bowels of Compassion in this Honorable House to an enslaved perishing people We will nourish some hopes that you will at last consider our Estates are expended the whole trade of the Nation decayed thousands of families impoverished and mercilesse Famine is entring into our gates and therefore we cannot but once more essay to pierce your ears with our dolefull cries for Justice and Freedom before your delays wholy consume
upon them unto the distressed and oppressed Commons or people of this Nation yea the setling of which principles is that that will thereby make it evident and apparent unto all rationall and understanding people in the world that the reall and hearty good and welfare of the people of this Nation hath cordially and in good earnest been that that their souls have hunted for and thirsted after in all the late bloody civill wars and contests All the Contests of the Kings party for his Will and Prerogative being meerly Selvish and so none of the peoples interest and the contest of the Presbyterians for their â—â—ke-bate dividing and hypocriticall Covenant no better in the least and the present contest of the present dissembling interest of Independents for the peoples Liberties in generall read the following Discourse pag. 27 28 29 meerly no more but Self in the highest and to set up the false saint and most desperate Apostate murderer and traytor Oliver Cromwel by a pretended election of his mercinary souldiers under the selfe name of the godly Interest to be King of England c. that being now too too apparently all the intended Liberties of the people that ever he fought for in his life that so he might rule and govern them by his Will and Pleasure and so destroy and envassalize their lives and properties to his lusts which is the highest treason that ever was committed or acted in this Nation in any sense or kinde either first in the eye of the Law or secondly in the eye of the ancient but yet too much arbitrary proceedings of Parliament or thirdly in the eye of their own late declared principles of reason by pretence of which and by no rules of Law in the least they took away the late Kings head and life which it there were any Law or Justice in England to be had or any Magistrates left to execute it as in the least there is not I durst undertake upon my life plainly evidently and undeniably to make good the foresaid unparalleld treasons against the foresaid Ol. Cromwel upon against all the three forementioned principles viz Law Parliament and Reason yea and to frame against him such an Impeachment or Indictment which way of Indictments is the true legall and only just way of England to be tried at the Common Law higher and greater then all the charges against the fourty four Judges hanged for false and illegal Judgments by King Alfred before the conquest which with their crimes are recorded in the Law Book called The mirror of Justice Printed in English for Matthew Walbank at Grayes Inn gate 1646. page 239. 240. 241. 242. 243. 244. 245. See also page 196. 197. 207. ibid. Or then the impeachment or accusation Of the Lord chief Justice Wayland and the rest of his brother Judges and Lawyers tormented in Edward the first his time and mentioned in Speeds Chronicle fol. 635. Or then the impeachment in Parliament against Judg Thorp who for taking small bribes against his oath was condemned to die in Edward the third his time of whom you may read in the 3. part Cooks Institut fol. 155 156. and in Mr. Pyms Speech against the Earl of Strafford in the Book called Speeches and Passages of Parliament pag. 9. Or then the impeachment 〈◊〉 a charge of the dethroned King Edward the second in full Parliament the maner of whose dethroning you may notably read in Speeds Chronicle fol. 665. Or then the many Articles of impeachment of the dethroned King Richard the second in full Parliament recorded at large in the Chronicles or History of Will. Martin fol 156. 157. 158. 159. the 8. 10. 12. 15. 21. Articles of which I conceive must remarkable as to the people which are extraordinary well worth the reading for in them the King himself in those dark days of Popery is charged To have perverted the due course of the Law or Justice and Right and that he destroyed men by information without legal examination or tryal and that he had declared the Laws of the Kingdom were in his own Erest just the same thing do Mr. Peters and other mercenary Agents of the Grandees of the Army now constantly declare of them and that by himself and his own authority just Cromwel and Ireton like onely much short of them he had displaced divers Burgesses of the Parliament and had placed such other in their rooms as would better fit and serve his own turn Or then the impeachment of the Lord chief Justice Trisâ—lian who had the worship or honor in Richard the second his time in full Parliament to be apprehended in the forenoon and hanged at Tiburn in the afternoon with his brother Judges viz. Fulthorp Belknay Care Hot Burge and Lockton or their associates Sir Nicholas Bramble Lord Mayor of London Sir Simon Burley Sir William Elinham Sir John Salisbury Sir Thomas Trevit Sir James Bernis and Sir Nicholas Dodgworth some of whom were destroyed and hanged for setting their hands to Judgments in subversion of the Law in advancing the Kings will above Law yea and one of them banished therefore although a dagger was held to his brest to compel him thereunto Or then the indictment of those two grand and notorious traitorly subvertors of the Laws and Liberties of England Empson and Dudley Privy Counsellors to Henry the seventh recorded in Cooks 4. part Institut fol. 198. 199 read also fol 41. ibid. and 2. part Instit fol. 51. Or then the impeachment of that notorious wicked and traiterous man Cardinal Woolsey by King Henry the eight his Privy Councel recorded in the 4. part Cooks Instit fol. 89. 90. 91. 92. 93. 94. 95. Read especially Artic. 17. 20. 21. 23 25 26. 30. 31. 33. 35. 38. 42. in all which he is charged with Arbitrariness and subversion of the Law Or then the impeachment of the Shipmoney Judges who in one judgment did as much as in them lay destroy all the Properties of all the men in England read the notable Speeches against them in Speeches and Passages Or then the impeachment of the Bishop of Canterbury in the late Parliament Or then the impeachment of the Lord Keeper Finch Earl of Strafford Secretary Windebank Sir Richard Bolton Lord Chancellor of Ireland John Lord Bishop of Derry Sir Gerrard Lowther Knight Lord chief Justice of the Common Pleas in Ireland and Sir George Ratcliff all whose impeachments are recorded in a Book intituled Speeches and Passages of Parliament from November 1640. to June 1641. Pag. 76. 77. to 83. and 117. 118. to 143. and 174. and 256. 257. 258. Or then the Articles or charge against the two Sir John Hothams the elder of which kept the King out of Hull the beginning of these Wars when the House of Commons durst not command him positively to do it although they were effectually put upon it by a motion from the younger then sitting in the House and yet they were both beheaded as Traytors for but endevoring to
betray Hull to the King Or then the late impeachment of Sir Philip Stapleton Master Denzil Hollis and the rest of the eleven Members whose impeachment of high Treason is recorded in the Armies Book of Declarations pag. 47. to 50. and pag. 94 95. 96. c. And yet the same things that some of them in a capital maner were impeached for as Traytors their impeachers acted and did at the very self-same time as is clearly declared in the following discourse pag 31. 32. to 39. and page 53. to 62. Yea or then the impeachment of King Charls whom Cromwel and Ireton principally Bradshaw being but their hired mercinary slave have beheaded for a Tyrant and Traytor whose impeachment is recorded in the following discourse page 65 66. 67. But the principles of the foresaid Agreement being so detestable and abominable to the present ruling men as that which they know will put a full end to their tyranny and usurpation and really ease and free the people from oppression and bondage that it is something dangerous to those that go about the promotion of it yet I shall advise and exhort you vigorously to lay all fear aside and to set on foot the promotion of it in the same method we took for the promotion of the foresaid Petition of the 19 of January 1647. laid down in the following discourse page 23. 24. 25 And write to your friends in every Country of England to chuse out from amongst themselves and send up some Agents to you two at least from each County with money in their pockets to bear their charges to consider with your culd and chosen Agents of some effectual course speedily to be taken for the setling the principles thereof as that onely within an earthly Government can make you happy or at least to know one anothers mindes in owning and approving the principles thereof that so it may become to you and all your friends your Center Standard and Banner to flock together to in the time of those forraign invasions and domestick insurrections that are like speedily to bring miseries enough upon this poor and distressed Nation and unanimously resolve engage one to another neither to side with or fight for the Cameroes fooleries and pride of the present men in power nor for the Prince his will or any other base interest whatsoever the which if you should fight for it would be but an absolute murdering of your Brethren and Countrymen you know not wherefore unless he or they will come up to those just righteous and equitable principles therein contained and give rational and good security for the constant adhering thereunto and upon such terms I do not see but you may justifiably before God or man Joyn with the Prince himself yea I am sure a thousand times more justly then the present ruling men upon a large and serious debate joyned with Owen Roâ— Oneal the grand bloody rebell in Ireland who if we must have a King I for my part had rather have the Prince then any man in the world because of his large pretence of Right which if he come not in by Conquest by the hands of Forraigners the bare attempting of which may apparently hazard him the loss of all at once by gluing together the now divided people to joyn as one man against him but by the hands of Englishmen by contract upon the principles aforesaid which is easie to be done the people will easily see that presently thereupon they will injoy this transcendent benefit he being at peace with all forraign Nations and having no regall pretended Competitor viz. the immediate disbanding of all Armies and Garrisons saving the old Cinque-ports and so those three grand plagues of the people will cease viz. Free-quarter Taxations and Excise by means of which the people may once again really say they injoy something they can in good earnest call their own whereas for the present Army to set up the pretended false Saint Oliver or any other as their elected King there will be nothing thereby from the beginning of the Chapter to the end thereof but Wars and the cutting of throats year after year yea and the absolute keeping up of a perpetuall and everlasting Army under which the people are absolute and perfect slaves and vassals as by woful and lamentable experience they now see they perfectly are which slavery and absolute bondage is like daily to increase under the present tyrannicall and arbitrary new erected robbing Government And therefore rouze up your spirits before it be too late to a vigorous promotion and setling of the principles of the foresaid Agreement as the onely absolute and perfect means to cure you of all your maladies and distempers So with my hearty and true love presented to all that remain upright amongst you without being perverted to Apostacy by the pretended Councell of States places or bribes I commit you to the safe tuition and protection of the most high the Lord Jehovah and Almighty and rest Gentlemen Yours and the Nations faithful hearty resolved friend and servant in the midst of all adversity affections trials and sorrows that never more in all my life incompassed me round about then now till death JOHN LILBURN From my unjust and illegall though contented captivity for my honesty and innocencie and nothing else as to man in close imprisonment in the Tower of London without any legall and just allowance of maintenance this present 17. of July 1649. TO His honored Friend Mr. CORNELIUS HOLLAND These Honored Sir WIthout preamble give me leave to visit you with a few lines and in the first place really to acquaint you with the true cause of my present writing which is as followeth I am in Prison I know not wherefore and I am confident those that sent me do not for if they had they would since the 28. day of March last being the first day of my Imprisonment have laid some crime unto my charge which yet to this day they have not or if they had been able to do it they would let me have seen either my Prosecutor or my Accuser or at least my Accusation none of all which to this present day I ever saw but was condemned by Vote in the nature of a Traytor uncharged and unheard which If I may believe the ancient Declarations of the Army made upon the like dealing as I have lately found is very hard and unjust measure as they punctually declare in their Book of Declarations P. 10. 17. 33. 34 35 60. 61. 62. 65. and all this at most but for the suspition of my being active in or accessary to an intended address to your House which act is justifiable in a superlative manner by the very words of your own primitive Declarations as aboundantly appears in your first part Book of Declarations p. 123. 201. 202. 548. but especially page 720. and which was not yet never repealed by subsequent Declarations And for hindring and obstructing publique Petitions it
they thought the reputation of the original and chief promoters of that transcendnet gallant and large Petition that so much touches their Copy hold that so if it might be possible the Petition it self might be crusht in the birth before it had brought forth strength sufficient to pull up their rotten tyrannicall Interest by the rootes And after he had done with th Relation at their Bar having giving the Lords as it seemes a flagou of sack and suger they were in pains as it appears till they had communicated some deep draughts of it to their friends of the House of Commons divers of whose rotten Interests were concerned in it as the Lords sons and servants the Patentee Monopolisers the Merchant Adventurers the Lords would be which are principally the chief of Cromwels Faction who having now the power of the Kingdom in their own hands and therefore in their own imaginations can not miss of being within a little time made Barons if not Earls but especeally that grand inslaving Interest the rotten Lawyers of the House divers of whom if the Petition took effect in disabling all Members of that House that are Lawyers to plead at any Bar of Justice would deprive some of them of two or three thousand pound per annum which now they get by their Pleadings by vertue of their beeing Paâ—liament men for if a mans Cause be never so unjust if by large Fees he can get two or three Parliament men to plead it for him he is sure to carry it for the Judges dare as well eat their nailes as displease them for fear of being turned out of their places by them which they more regard then their Oathes which tie them to do impartial Justice I say after he had done his Relation at the Lords Bar a Conference was betwixt both Houses where he again belcht out his most abominâ—ble malicious and false lyes and one being present that heard it came immediatly to me in London and told me of it of which I no sooner heard but immediatly by water of my own accord I posted by boat to Westminster and coming up to the House of Commons door about three or four a clock I found the House to be risen and meeting with some of my friends and acquaintance at the door I told them there I understood the House of Commons had again dealt worse with me then the Heathen and Pagan Romans dealt with Paul who when his adversaries desired Judgment against him they told them that it was not the maner of the Romans to judge or condemn any man before he which is accused have his accuser face to face and have liberty to answer for himself concerning the crime laid against him Act. 25. and yet upon a bare accusation of a single Priest as I was informed they had again committed me to the Tower before they heard me speak one word for myself in which I told my friends freely and openly they had outstript the Heathen and Pagan Romans in Injustice who though Paul by Tertullus the Orator was accused for a pestilent fellow and a mover of sedition among all the Jews throughout the world and a Ringleader of the Sect of the Nazarens Acts 24. yet they would not condemn him before they heard him face to face speak for himself And I further told them this unjust proceeding of the House of Commons against me was but just the same unrighteous measure that they had meted out before unto me for about two years ago I had come Post from Sir Thomas Fairfax Army to bring them glad tidings of his routing of General Gorings Army at Lamport in Somersetshire and being daily waiting at the House door I was a few dayes after by the Speakers means as I have been since largely told Voted upon a bare suggestion to Prison without the House ever so much as calling in my pretended accusers viz. Dr. Bastwick and Colonel Edward King with whom for divers moneths before I had not to the best of my remembrance changed so much as one word or ever so much as calling me in though then at their door to speak one word for my self they Voted and Resolved upon the Question That I should be committed to prison till they please to release me without telling me to this hour wherefore they imprisoned me and from their Serjeant at Arms tossed and tumbled me to Newgate for refusing to make of one of their Committees a High Commission or Spanish Inquisition to answer against all Law and Justice to their Interrogatories And then when they had me at Newgate made an Order of their House to arraign me at Newgate Sessions for no less then my life and Ordered the prime Lawyers about London viz. Master Bradshaw Master Steel Master Walker c. to be my prosecuters and by a law-quirk if it were possible to take away my life from me And yet for all that they being sufficiently baffled by my own pen and the pens of my Friends they sent me One hundred pounds to Newgate as may be supposed to help to bear my charges and released me by Vote of the House as an innocent man after thirteen weeks imprisonment without all that while laying any thing to my charge or so much as ever telling me wherefore they * The full story of which you may read in my Printed Epistle of two sheets dated and in my large Book called Innocency and Truth Justified and in Englands Birth-right Englands misery and remedy and Englands lamentable slavery imprisoned me or who were the prosecutors or informers against me and all this was done unto me by Master Speakers malice principally who though he had not the least pretence or shadow of Crime originally against me yet thought by provocations laid upon me to exasperate and chafe my Spirit and thereupon as it were to force me to do something that might intangle me and be a colourable ground for him to destroy me forgetting although he pretend to be a great Lawyer that maxime of the Law made use of by Judg. Hutton in his Argument in Master Hambdens Case against Shipmoney pag. 49 That that which was defective in the Original is not good by any accident subsequent or as that learned Lawyer the Author of that notable Book called Vox Plebis pag. 20. 43. hath it That which is not good or just but illegal in its original or beginning by tract of time cannot be made just or lawful See also my Grand Plea against the House of Lords pag. 13. I further told my Friends then and there That if I might have but fair play and free liberty to speak for my self I doubted not but to make it as evident as the Sun when it shined at noon-day That at that pretended treasonable meeting at Wappin whereas I understood the parson accused me for plotting the destruction of the Parliament c. I did the House of Commons in its just and fundamental Interest simply considered a peace of the
with them for though Mr Speaker this House voted to this effect That the King seduced by evil councel had made War against the Parliament and people and that they are traitors that assisted * 1 part Book Decl. pag. 259 260 508 509 576 722 914. him And further declared That he had set up his Standard against the Parliament and people and hereby put the whole Kingdom out of his protection contrary to the trust reposed in him contrary to his oath dissolving Government thereby and that he in his own person marched up in the head of an Army by force of Arms to destroy the Parliament and in them the whole Kingdom their Laws and ‖ 1 part Book Decl. pag. 580 584 587 617 639 690. Liberties And yet Mr Speaker with the same breath declared The King is the fountain of justice and that he can do no †1 part pag. 199 304. wrong and forc'd the people to take Oaths and Covenants to preserve his person and yet at the same time gave the Earl of Essex and all those under him Commission To fight with kill and slay all that opposed them and declared the King in his own period marched in the head of an Army to oppose and destroy them and yet gave them a Commission to fight for King and Parliament So that Mr Speaker here is riddle upon riddle and mysterie upon mysterie which doth even confound and amaze the people and put them into Woods and Wildernesses that they could not see or know where they are or what to think of themselves or of the Parliament or of the King only this they very well know that their burthens are greater now then ever they were before and that they have been made fools in pretendingly fighting for liberty which hath brought them into bondage And that though it was formerly declared the King had no Negative voyce or Legislative power but is bound by his Oath to passe all such Laws as the people folk or Commons shall * 1 part Book Decl. pag. 205 â—06 208 268 269 270 705 706 707 708 710 713 714. chuse Yet now the Parliament send unto him again and again for his concurrence to their acts as though the giving of life soul and power to their actings were indiâ—putably and inseparably inherent in him and as though now their consciences told them they must crave pardon of him for all the actions they have done without him and against him O riddles and unfathomable mysteries sufficiently able to make the people desirous to be ignorant of their liberties and freedoms and never to hear of them more especially considering they have paid so dear pretendedly for the injoyment of them and yet after five years fighting for them know not where to find one of them But Mr Speaker they were told that in this petition the people had clearly held out unto them and that upon the undeniable principles of reason and justice the Kings Rights the Parliaments and their own and that the two former were and of right alwaies ought to be subservient to the good of the latter and they were told it was not so much persons as things that they doted upon and therfore undoubtedly those that should really hold out justice and righteousnesse unto the people was those that they would be in love with and therfore in mercy to our selves and in love and compassion to our native Country it was pressed that every man that desired to fulfill his end in coming into the World and to be like unto his Master in doing good should vigorously promote and further this just and gallant Petition as the principall means to procure safety peace justice and prosperity to the Land of our Nativity and knit the hearts and spirits of our divided Country-men in love again each unto other and in love unto us which they could not chuse but afford when they should visibly see we endeavoured their good as well and as much as our own there being all the principall foundations of freedom and justice that our hearts could desire or long after in this very petition And if our greatest end were not accomplished in our prosecuting of this petition viz. the Parliaments establishing the things therein desired yet the promoting of it would beget understanding and knowledge in the people when they should hear it and read it and discourse upon it and if nothing but that were effected our labour would not be totally lost for nothing did more instate Tyrants in the secure promotion of tyrannie then ignorance and blindnesse in the people And therfore for the begetting of knowledge it was requisite it should be promoted as also for healing of the divisions amongst the people and knitting them together in love that so their minds might be diverted from studying the destruction each of other to study the destruction of Tyrants that would in time destroy them all And Mr Speaker there was one in the company that made a motion to this effect That he did conceive it was more requisite at present speedily to second the Armies Declaration with a petition to encourage this House vigorously to go on to prosecute their late gallant Votes of Non-Addresses for so they were called to which was answered That in this petition was contained more then was in all all their Votes for it struck at the very root of all that Tyrannie that had enslaved and would enslave us viz. the Negative voyce in King and Lords both which the Votes did not 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 Kingdom which did abundantly declare greater encouragement to all those Members of the House that really intended good unto the Commonwealth then possible could be in a single complementall petition signed with 4 or 5000 hands such a petition being rather fit to puff them up then upon reall grounds to strengthen and encourage them fully to mind the peoples good and there was never a Member of the House whose design in the largest extent 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 encouragement from the knowledge of the promoting this gallant unparallel'd petition which is a clear demonstration to the Parliament that those that promote it clearly understand that the King and the Lords Tyrannie and their liberties are inconsistent then he could do from a bare complementary petition which would also be dangerous to our selves in quashing the vigorous prosecuting of this that contained the ultimate of our desires and the sum of all those things that in this World we desired to make us happy But Mr Speaker it was again objected That seeing this 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 Kingdoms safety in this juncture of time to promote it lest it might occasion a clashing betwixt the two Houses which would now be very dangerous Unto 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 to have concurred to all such Votes as the House of Commons had passed there had been some ground to have pleaded for a respect unto them from us But seeing they so passed the Votes as in the passing of them they declare it to be their right to give their deniall to any Votes the House of Commons shall hereafter passe that doth not please them we are thereby engaged the rather to go on with our petition to pluck up this their destructive interest by the roots for future that had brought all our * See 1 part Book Decl. pag. 289 364 365 398 522 526 528 548 557. miseries and woes upon us For Mr Speaker if the Lords be considered in their Judicative power we shall find them as guilty of treason in subverting our fundamentall Laws and Liberties as ever the Lord of Strafford was who in his impeachment of high Treason by this House was accused in the 4. 5. 6. 7. 8. 9. articles that he had traiterously subverted the fundamentall Laws of England and Ireland and introduced an arbitrary tyrannicall Government beyond and above Law in that he had upon papers †And if these very things should now be judged treason as they are and were in the Earl of Stafford I wonder what should becom of all our present Junto at Westminster and their new thing called A Councel of State undoubtedly the most if not all of them must go to Tyburn or Tower-hill there by an halter or axe to receive their just deserts Amen 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 properties and free holds to the ruin and destruction of many of their families And truly Mr Speaker I must aver it and do aver it before this honourable House that the House of Lords are as guilty of this traiterous subverting of our fundamentall Laws and Liberties and introducing and exercising an arbitrary tyrannicall Government above and beyond all Law and Justice as he was and by the law of their own wils without any due course or processe of Law have outed divers Free-men of England out of their liberties properties and free-holds they themselves being complainents prosecutors parties witnesses Jury and Judges have passed most barbarous and tyrannical censures upon them to the apparent ruin of them and their families Yea and upon me have passed so barbarous and transcendent an illegal sentence that I am confident the like of it in all circumstances is not to be parallel'd in all the Earl of Straffords tyrannie And Mr Speaker let me freely tell you that unlesse this House do execute upon the present tyrannicall House of Lords or the mischievous law and libertie destroying Ring-leaders amongst them the Earl of Straffords punishment for what they have already done and for future take care to prevent their or any others exercise of the like arbitrary and tyrannicall power again I shall never justifie you for righteous and impartiall Judges or think that you have discharged your duty either to God or the Commonwealth who chose and trusted you to preserve their liberties and freedoms and punish those that destroy them The rest of my speech against the House of Lords Legislative power being already at large printed in the 14 15 16 17 pages of my answer of the 27 Feb. 1647. to Mr GUALTER FROSTS malicious and false declaration against me which I entituled A WHIP FOR THE PRESENT HOUSE OF LORDS OR THE LEVELLERS LEVELLED to which for brevities sake I refer the Reader and go on to the next thing in order being the main thing I intend as I upon the foresaid 19 day of January 1647. confidently and avowedly delivered it at the Bar of the House of Commons which is an impeachment of Treason against Cromwel c. profering againe and againe upon my life to prove it every tittle at their Bar which thus followeth And now Mr. Speaker I must acquaint you that there was occasion adminstred My charge against Cromwell and his Son Ireton to talke of Lieutenant General Cromwell and his late gross apostacy from patronising the peoples Liberties an Freedomes and here Sir it was declared with admiration and astonishment that Lieut Gen Cromwell who was once the glory of Englishmen in visibly appearing for Justice and Freedome both against the King the Earl of Manchester and the whole House of Peers c. and who had a principall hand in so many gallant Declarations of the Army in diverse of which freedome righteousnesse and Justice was published to the whole Kingdom most gloriously †As you may clearly read in the Armies Book of Declarations page 8. 17 23r 25 26. 32. 33. 35. 37. 39. 40. 41. 45 46. 52. 58. 61 62. 76 97. 101. 105. 110. 112. 118 119. 132. 137. 142. 144. 150. That this very Lieut. Gen. Cromwell whose name for honesty once rung and eccho'd throughout England should now apostate from his former declared gallantry and honesty and turne his back upon his owne solemne Declarations Remonstrances and Ingagements and persecute with bitternesse even to death and bonds righteousnesse truth and justice in all those in the Army he met with it in and now of late become a grand patron protector and earnest pleader for the preservation of all the grand corrupt and inslaving interests in England was a wonder and astonishment that he that had the gloriest praise and opportunity put into his hands that ever God put into the hands of an English man to do good unto his native Country and to settle the Laws Liberties and peace thereof in their lustre and glory should be courted out of all his principles protestations and engagements by a little selfish glitering worldly or corrupt honour and to convert his power and interest to the quite contrary to make us slaves and vassals was the admiration and wonder for all knowing observing and unbiased English men and the greatest mischief that ever befel the honest men of the Kingdome having divided them amongst themselves that formerly were one in their pursuing the firme establishment of the Common rights and freedomes of their native Country diverse honest men having his person in admiration either for advantage sake or former good services sake would not see their owne danger and misery nor willingly would suffer their friends and neighbours to see that fatal ruine and destruction that by his meanes and HIS ALONE was likely speedily to come upon them and the whole Nation by means of which we are so divided amongst
the Free-people of this Land they have pronounced Sentence against * * Which I am sure they deserve onely I wish they may not fail of the same punishment and that Master Cook would be as zealous in endevoring it as he was in endevoring the Kings for Justice ought to be impartial and no great places ought to stop the mouthes of those that are truly prosecutors of it And let Master John Cook take heed that the Fat Mastership of St. Crosses Hospital lately conferred upon him do not stop his themselves But good Trees saith he cannot bring forth bad fruits But say I bad fruits and bad actions are evident and undeniable demonstrations That the Trees or Actors of them are bad and wicked Yea and from those that have declared All their power and authority is but a be-trusted power which they ought and are bound in duty to exercise and manage onely for the ends and uses they are be-trusted for and cannot justly imploy it for their own or another use then that for which they are intrusted and which is to be discharged according to the condition and true intent thereof which they acknowledg to be onely for the peoples good safety and better being and not in the least for their hurt or mischief 1. Part Book Declar. pag. 150. 266. 382. 700. 750. Imprecating Wrath Vengeance Woes and Miseries to fall upon them when they do not faithfully discharge their trust according to the true intent and meaning of it and who think nothing worth enjoyment in this world without the Liberty Peace and Safety of the Kingdom and nothing too good to be hazzarded therefore Pag. 214. An Arbitrary Tyrannical Government being that which they say Every honest Moral man abhors especially the Wisdom Justice and Piety of the Parliament Pag. 494. And which every honest man ought say they to oppose with the hazzard of all they have and are accounting those men most abominably prophane who to satisfie the Lusts of their own Ambition are content like Esau to sell their birth-right and render themselves and their posterity to perpetual slavery and care not to submit themselves to any Arbitrary and unlimited Government so they may for their own time partake of that power to trample and insult over others contrary to the Laws and Liberties of England The Standers for which with the utmost hazzards of their lives and fortunes are those they will joyn to live and die with Pag 660 c Yea and the same Note do the Ruling men of the Army in the day of their distress and calamity sing in their Declarations whose words are so glorious transcendent and self-denying that they are enough to ravish the heart of an ingenious single hearted man and to make an honest soul to hazzard all he hath in this world to stand by such men as believing it to be impossible for the hearts of any men to be so wicked and vile as ever to go about to think of setting up Tyranny Oppression and a meer self-interest after such expressions and to make use of all these expressions for no other end but the more easily to deceive and grow strong to subdue all those that stand in their secret ambitious ways And that the Armies Expressions in the day of their straits were most glorious and ravishing plentifully appears in their Book of Declarations Pages 37. 39. 40. 41. 45. 46. 52. 58. 61. 62. 76. 101. 105. 110. 118. 119. 126. 128. 132. 137. 142. 144. 150. See also the Officers large Remonstrance against the late King dated at Saint Albans November 26. 1648. Pag. 7. 8. 9. 12. 14. 15. 22. 23. 29. 43. 45 47. 48. 57. 62. 65. 66. 67. 68. 69. I say Sir considering all the forementioned things in abhorrency and detestation of that faithless and tyrannical dealing with me I was resolved though it had been possible for you and me to live Methusalems days never to make any more addresses to you nor suffer my wife so far as in me lay to do it in my behalf or so much as to come at your door to speak to any Member of your House for the least mitigation of your indignation against me Yet seeing contrary to my many earnest desires and without my privity she hath lately been with your self at the House door about my liberty who as she relates unto me was very high with her as though I had committed against you little less then the sin against the Holy Ghost that can never be pardoned therefore in vindication of my own innocency and integrity I cannot chuse but take this opportunity to make a fair and ingenuous proposition unto you that you cannot refuse if you have but a grain of Ingenuity left in you which is this That if your House please to chuse two men I will chuse two more and they shall have power by majority of voyces in case they cannot agree to chuse an umpire finally to decide the business betwixt us and I will be content they shall appoint Cromwel Ireton Bradshaw and all the Orators or Pleaders they had against the King and the beheaded Lords or as many of them as they please to plead against me and I will have none but my self singly to plead my own cause against them all and I will venture so far as my 24 or 25 hundred pounds yet in your hands will amount unto five hundred pounds to one hundred yea and my head to the head of him that in your House principally caused my imprisonment or any reasonable considerable balance Provided the debate may be publike and that I may have free liberty to speak for my self and provided the Scripture the Book of Statutes Cooks Institutes published by your selves for good Law the Parliaments and Armies Primitive Printed Declarations may be the Witnesses and Jury men on both sides for the aforesaid Arbitrators or Vmpire to guide their Judgments by And if I cannot maintain mine own Innocency and Integrity against all that can upon the Rules aforesaid be said against me and it be not so determinated and judged by the major part of the Arbitrators or Vmpire chosen as before is expressed I will lose and for fit all I have yea and my life to boot And I think this is so fair That no rational man under Heaven can condemn it or me if it be refused But yet to make it more fair I will give you the advantage of all you can pick out of the first and second part of Englands new Chains discovered which I will own although the last be Voted and declared Treasonable my second Edition of my Picture of the Councel of State my second Edition of my Printed Discourse with Master Peters dated 25. of May 1649. And my late Book of the eight of this present June intituled The Legal Liberties of the people of England revived asserted and vindicated or any thing acted said or done by me in the managing of them or any of them Sir I shall
reallest and best service that ever with my tongue I did them in my life And as I said I was very sure I had done them some real and unspotted services For the occasion of that meeting as I told them was upon this ground there being a large Petition a promoting some Copies of them came into the hands of some cordial honest active men about Wappin who though they had nothing to object against the Petition it self yet one or more of them did very much scruple as I was told not maliciously but conscienciously how they could lawfully act to promote any more Petitions to this House of Commons seeing that in their Declarations they had declared in answer to the Kings Objections about tumultuous meetings about Petitions That desired the abolition of things established by Law That they did conceive that numbers do not make an assembly unlawful but when either the end or the maner of their carriage shall be unlawful Divers just occasions say they might draw the Citizens to Westminster where many publique and private Petitions and other causes were depending in Parliament and why that should be found more faulty in the Citizens then the resort of great numbers every day in the Term to the ordinary Courts of Justice we know not * These are their own words in their Declaration of the nineteenth of May 1642. 1. Part. Book Declar. pag. 201 202 See also pag. 123. 533. 548. 691. See the Armies Declarations to this purpose Book Declar. pag. 10. 11. 17. 23. 33. 35. 44. 60. 61. 62. 83. 85. 118 but especially read the notable Arguments in Master Nathaniel Fines his Speech in the House the ninth of February 1640. To justifie popular Petitions and multitudes delivâ—ring of them for the abolition of the things established by Law which you may read in Print in the 22. 23. 24. 25. pages of a Printed Book intituled Speeches and Passages of Parliament Printed 1641. for William Cook And in the same Declaration Pag. 209. they say That such a concourse of people as is before mentioned cannot in the interpretation of the Law be held tumultuary and seditious And in their Declaration of the second of November 1642. 1 Part. Book Declar. pag. 720. They do acknowledg that they have received Petitions for the removal of things established by Law and say they we must say and all that know what bâ—longeth to the course and practice of Parliament will say That we ought so to do and that both our Predecessors and His Majesties Ancestors have constantly done it there being no other place wherein Laws that by experience may be found grievous and burthensom can be altered or repealed and there being no other due and legal way wherein they which are aggrieved by them can seek redress And yet notwithstanding all this That this very Parliament or House of Commons that had made these Declarations Should declare men Traytors for endevoring to Petition burn their Petitions and imprison the persons of divers honest men meerly for Petitioning for those things they had made us fight for viz. Our Liberties and Freedom * When formerly they received the poor mens Petitions with threatning language in it with a great deal of thankfulness as appears 1. Part. Book Declarat pag. 289. 364. 365. 398. 533. 548. 557. All these things laid together were such discouragements to the Objecter or Objecters That at the present as it was said they could not in Conscience nor Honor go about to Petition so unworthy an Apostatized House any more Whereupon some of their Neighbors in and about Wappin that were zealous in promoting the Petition appointed a meeting to debate and satisfie these Scruples if it were possible that so they might go unanimously to work to promote the Petition which was now much retarded by the foresaid Scruples the party or parties scrupling being of some eminency amongst their Neighbors Unto which meeting by some Friends I was earnestly desired to come and if I could to bring Mr. John Wildeman with me which I did And the substance of that Discourse was to convince our scrupling friends or friend That the Kingdom was in exceeding great distractions and the people under general Oppressions and Burthens and trading generally decayed which had occasioned mighty heart-burnings and dividings of Spirit amongst the people and the present House of Commons though sufficiently corrupted was the visibly best and justest Authoritie that was extant in England the overthrowing of which as things stood would bring in such a present Inundation of misery and confusion into the whole Kingdom that there would be nothing in the eye of Reason but cutting of throats every where and all return into its first Chaos and the longest Swords to be Judges of all and we might be as soon destroyed in such a general confusion and hurly burly as any others And therefore I and my friend pressed That if they either wished well unto themselves or their Native Countrey they were tied in duty and conscience to the uttermost of their power to preserve the Interest and Being of the House of Commons so long as it continued a House and yet in such a way That they might not invassalize the people Both of which they were told was provided for in this Petition and to do any thing that might pull down or destroy the present Power and Being of the House of Commons in the eyes of the people before things are in some settledness which would sufficiently be done if they should disclaim them as unworthy to be Petitioned unto any more were to undo and destroy our selves especially considering That they had so lately engaged so high against the King and the Scots and therefore it behoved us not so to act as to increase their adversaries but rather to strengthen their hands and the rather at this juncture of time and yet so to do it as that the generality of the Commons of England might be gainers by it in the knowledg of their particular Liberties that so if it were possible they might be united therein and might thereupon as one man in the Spirit of Englishmen stand up and live and die each with other against all Forraign Interests whatsoever And as I further told my said acquaintance and friends That I was confident there was never any one Discourse in England wherein the true and just Interest of the House of Commons was more firmly cordially and strongly maintained then in that And if they should punish me for my actions or speeches at that meeting I should be punished for doing as great and as real a peece of service to the Interest of the House of Commons and consequently to the Interest of the Kingdom as ever was done in any meeting by any Member of the House And this I told them I doubted not but to make as evident as the Sun when it shined if the House would hear me but speak for my self At which my Friends were very much
to speak So preparing for the journey I arrived with other of my friends at Westminster and being not long at the House door where was many friends come downe from London and Southwark to hear and see how things went I addressed my self to the Sergeant of the House to let him know I was there to tend upon the Houses pleasure And he immediately after came out with his Mace and CALLED FOR Mr. MASTERSON THE JUDAS PRIEST and my selfe so in we went and also the Lieutenant of the Tower as my guardian and having given them that due respect that I conceived is due unto their just and true authority though I owe little or none unto the persons that sat there by reason of their grosse abusing and most abominable of their righteous authority the thing that passed so near as my memory to the utmost punctilio will serve me I shal faithfully relate unto you Upon our comming to the Bar where both my lying accuser and my selfe stood the Speaker stept up in his Chaire and commanded Mr. MASTERSON in the name of the House of Commons to give them again a narrative of what he yesterday declared to them So he very formally begun and spoke as freely as if he had learned his Lesson without book and truly I could not but stand amazed at the mans impudence that he durst with so much confidence tell so many lies as he did But giving not much regard unto his accusation to treasure it up in my memory being resolved before hand to take no cognizance of his verball impeachment which in Law was nothing I fixed my mind very seriously upon the Lord Jehovah my old experienced refuge strength and support and was a wrestling with him for the incomes of his own self that so I might speak freely and boldly in his might and power if it were possible to the amazement and terrour of his enemies amongst those that should hear me divers of whom I was confident would lye in wait to catch and intrap me And now and then the House in my apprehension being very full I cast my eie about me to look upon the countenances of the Members and to observe their behaviours most commonly fixing my eie stedfastly upon the Speaker in the Chair Who assoon as he perceived Mr Masterson had done beckoned his hand unto me as I conceived to have me answer the Priest but I stood still and took no notice of his beck at last he wished me to say what I could answer for my self unto it whereupon pausing a little after a congey made unto him I opened my mouth to this effect Mr Speaker I desire in the first place to premise this That I look upon and own this honourable House in its constitution and power as the best legallest and justest interest power and authority that is established in this Kingdom or that all the Commons of England visibly hath for the preservation of their lives liberties and estates And I doubt not but so to speak unto you and so to behave my self before you this present day as thereby to demonstrate to you that I am an honourer an owner and a prizer of this greatest English authority and interest in which as a free Commoner of England I have a little share And therfore if this honourable House please to afford me Paulis PRIVILEDGE that he enjoyed amongst the Heathen and Pagan Roman Governours or Magistrates which was to hear him speak freely for himself before they would condemn him Which liberty and priviledge I freely and largely enjoyed at the hands of the Cavalier Judges at Oxford when I was arraigned in irons before the Lord chief Justice Heath and Sir Thomas Gardiner late Recorder of London for drawing my sword and at your comand adventuring my life for the great interest of the Kingdom involved and single represented in this honourable House in the destruction of which it perisheth who before all the City and Country then assembled in Guild-hall in Oxford gave me free liberty without the least interruption to say what I pleased and to plead for my life in the best manner that all those abilities God had given me would inable me * The enjoyment of which was but my right by Law as appears remarkably in the third part of Cooks Institutes fol. 29. 137. 230. to do The which priviledge and legall and naturall right if you please to grant me I shall speak freely WITH THIS PROTESTATION AND SALVO That I do not speak nor answer out of any dutie or tie that lies upon me by LAW FOR ALL CHARGES IN LAW OUGHT TO BE IN WRITING under the hand or hands of him or them that chargeth and in that form that the Law requires and proceeded in according to the form of the Law of the Land expressed in the 29 Chapter of the great Charter and these Laws which expound it which are mentioned †Which you may at large read in my plea before Mr Corbet recorded in the 8 9 10 pages of it being called The Resolved mans Resolution and Mr John Wildmans notable defence against Masterson called Truths triumphs pag 2. 11 12 13 14. and my late Book of June 8. 1649. entituled The Legall Fundamentals c. p. 6 7 8 9. and nominated in the Petition of Right Which this pretended Vergall charge is not in the least And indeed Mr Speaker in Law it is no charge at all neither in the way this Informer is in can I well have any remedy against him in case he abuses me for as I understand if he tell twenty lies against me I cannot punish him but if he maliciously swear one against me I have his ‖ See Sir Edward Cooks 1 part Institutes fol. 294. b. and 3 part chapt Conspiracy is very remarkable fol. 143. ch Perjury fol. 163 164 165 166. and 4 part fol. 66. ears as my mercy c. therfore a Betraier of my Liberties I should be if I should look upon it as any charge at all and in that consideration return an answer to it and therfore again saving unto me the rights and priviledges of an English man which is to be tried by no other rules or methods for any reall or pretended crime whatsoever then what is declared by the known established and declared Laws of England nor by nor before any other Authority or Magistracy then what the Law hath authorized to be the executors * Which I am sure the House of Commons are not in the least See my Book called The Peoples prerogative p. 40. 41 72 73. and my Book called The Laws Funerall pag. 15 16. And my second Edition of my Picture of the Councel of State pag. 7 8. And my Book of the 8 June 1649. entituled The Legall Fundamentall Liberties of the People of England revived pag. ◠16 17. And Mr Wildmans Truths Triumph pag. 2. 17 18. And the Laws subversion or Sir John Maynards case stated pag. 33 34 35 36.
the Nation In particular we earnestly intreat Fiâ—st that seeing we conceive this Honorable House intrusted by the People with all power to redresse our grievances and to provide security for our Freedoms by making or repealing laws Erecting or abolishing Courts displacing or placine Officers and the like and seeing upon this consideration we have often made our addresses to you and yet we are to depend for all our expected good upon the wills of others who have brought all our misery (g) (g) See the Kings Deccla of the 12 of Aug 1642. 1 part Book Dec. p. 522. 526 528 548. p. 617. 726 728. upon us that therefore in case this Honourable House will not or cannot according to their trust relieve and helpe us that it be cleerly declared that we may know to whom as the Supreame power we may make our present addresses before weperish or be enforced to flie to the Prime Laws of nature (h) (h) See 1 part book Dec. p. 44 150. 182. 426. 637. 690. for refuge 2. That as we conceive all Governours and Magistrates being the Ordinance h) h) See Col. Nath. Fienne's his Speech against the Bishops Canons made in 1640 in a book called Speeches and Passages of Parl. from 3. Novemb. 1640. to June 1641. p. 50 51. 52. of men before they be the Ordinance of God and no authority being of God approbationally but what is erected by the mutual consent of a People and seing this Honorable House alone represent or ought to represent the people of this Nation that therefore no person whatsoever be permitted to exercise any power or authority in this Nation who shall not cleerly and confessedly receive his power from this House and be always accountable for the discharge of his trust to the people in their representers in Parliament or otherwise that it be declared who they are which assume to themselves a Power according to their own wils and not received as a trust from the People that we may know to whose Wills we must be subject and under whom we must suffer such oppressions as they please without a possibility of Justice against them 3. That considering that all just power and Authority in this Nation which is not immediately derived from the people can be derived only from this honourable House and that the People are perpetually subject to Tyranny when the Jurisdiction of Courts and the power and Authority of Officers are not cleerly described and their bounds and limits (i) (i) See your Remonstance of the State of the Kingdom book Dec. p. 6. 8 15. See also the act made this Parliament that abolished the Star-chamber and High-Commission prefixed That therefore the Jurisdiction of every Court of Judicature and the power of every Officer or Minister of Justice with their bounds and limits be forthwith declared by this Honorable House and that it be enacted that the Judges of every Court which shall exceed its jurisdiction and every other Officer or Minister of Justice which shall intermeddle with matters not coming under his Cognisance shall incur the forfeiture of his and their whole estates and likewise That all unnecessary Courts may be forthwith abolished and that the publick Treasury out of which the Officers solely ought to be maintained (k) (k) See the statute of Westminst 1. made 3 Ed. 1 chap. 26. 20 Ed. 3.1 and the Judges Oath made in the 18. of Ed. 3. Ann. 1334. recorded in Pulâ—ons collections of Statutes fol. 144. may be put to the lesse charge 4. That whereas there are multitudes of complaints of Oppression by Committees of this House determining particular matters which properly appertains to the cognizance of the Ordinary Courts (l) (l) See the 29. c. of Mag. Charta Sir Ed. Cooks Exposition upon it in his 2 part Instit f. 46. to 57. and the Petit. of Right of Justice and whereas many persons of faithfull and publick spirits have been and are daily molested vexed imprisoned by such Committees sometimes for not answering Interrogatories and sometimes for other matters which are not in Law criminal and also without any legal Warrants expressing the cause and commanding the Jaylor safely to keep their bodies untill they be delivered by due course (m) (m) See the Petition of Right made in the 3 of the King and Sir Edward Cooks 2 part Institutes f. 52. 53. 315. 589. 590. 591. 615. 616. and 661. of Law And by these oppressions the persons and estates of many are wasted and destroyed That therefore henceforth no particular cause whether criminal or other which comes under the cognizance of the Ordinary Courts of Justice may be determined by this House or any Committe thereof or any other then by those Courts whose duty it is to execute such Laws as this Honourable House shall make and who are to be censured by this House in case of injustice Alwayes exâ—epted matters relating to the late War for indemnity for our assisters and the exact observation of all Articles granted to the adverse (n) (n) See Psa 15.4 Exod. 5.3 Deu. 23.21.22 2 Sam. 21.5 6. Eccl 5.4 5. Party and that henceforth no person be molested or imprisoned by the will or arbitrary powers of any or for such matters as are not crimes (o) (o) See Rom. 4.15 according to Law And that all persons imprisoned at present for any such matters or without such legal Warrants as above-said upon what pretence or by what Authority soever may be forthwith released with due reparations See the Armies Book ofDeclar pag. 11 31. 32. 33. 34 45. 97. 5. That considering its a Badge of our slâ—very to a Norman Conqueror to have our Laws in the French Tongue and it is little lesse then brutish vassalage to be bound to walk by Laws which the people (p) (p) See 36. E. 3. 15 1 Cor. 14.7 8 11 16 19 23. See also the English Chronicles in the Reign of Wil. conqueror cannot know that therefore all the Laws and Customs of this Realm be immediately written in our mother-Tongue (q) (q) See Exo 24.7 31.18 chap. 34. Deut. 30.12 13 14. 5.1 5 24 27 31. and 6.1 6 7 8. and 9.10 and 11.18 19.20 and 27.8 without any abbreviations of words and in the most known vulgar hand viz. Roman or Secretary and that Writs Processes and Enrolments be issued forth entred or inrolled in English and such manner of writing as aforesaid 6. That seeing in Magna Charta which is our native Right it is pronounced in the name of all Courts That we will sell to no man we will not deny or defer to do any man either Justice or Right notwithstanding we can obtain no Justice or Right neither from the common ordinary Courts or Judges nor yet from your own Committees though it be in case of indempnity for serving you without paying a dear price for it that therefore our native (r) (r)
See Sir Edward Cook in his 1 part Inst l. 3. c. 13. Sect. 701. fol 368. Where he positively declares it was the native and ancient rights of all Englishmen both by the Statutes and common Law of England to pay no Fees at all to any administrators of Justice whatsoever See also 2 part Inst f. 74 176 209 210 and 176. And he there gives this reason why Judges should take no Fees of any man for doing his Office because he should be free and at liberty to doe justice and not to be fettred with golden Fees as setters to the subversion or suppression of truth and Justice Right be restored to us which is now also the price of our blood that in any Court whatsoever no moneys be extorted from us under pretence of Fees to the Officers of the Courts or otherwise And that for this end sufficient salaries or pensions be allowed to the Judges and Officers of Courts as was of old out of the common Treasury that they may maintain their Clerks and servants and keep their Oathes uprightly wherein they swear to take no Money or cloaths or other Rewards except meat and drink in a small quantity besides what is allowed them by the King and this we may with the more confidence claim as our Right seeing this honorable House hath declared in case of Ship-money and in the case of the Bishops Canons that not one penny by any power whatsoever could be levyed upon the people without common consent in Parliament and sure we are that the Fees now exacted by Judges and Clerks and Jaylors and all kinde of Ministers of Justice are not setled upon them by Act of Parliament and therefore by your own declared principles destructive to our property (s) (s) See the Articles of high Treason in our Chronicles against Judg Tresilian in Richard the seconds time and the judgment of Iustice Thorpe for taking money in Edward the Thirdâ— time 3 part Cooks Instit fol. 145 146 147 163 164 165. therefore we desire it may be enacted to be death for any Judge Officer or minister of Justice from the highest to the lowest to exact the least moneys or the worth of moneys from any person whatsoever more then his pension or salary allowed from the common Treasury And that no Judg of any Court may continue above three years 7. That whereas according to your owne complaint in your first Remonstrance of the (t) (t) See 1 part Book Dec. p. 9 state of the Kingdom occasion is given to bribery extortion and partiallity by reason that Judiciall places and other Offices of power and Trust are sold and bought that therefore for prevention of all injustice it be forthwith Enacted to be death for any person or persons whatsoever directly or indirectly to bay or sell or offer or receive moneys or rewards to procure for themselves or others any Office of power or Trust whatsoever See for this purpose 12 R 2. c. 2. 5. 6 Ed 6. c. 16. 1 part Cooks Institutes fol. 3â—6 fol. 233 b. and 234 a. 8. Whereas according to Justice and the equitable sense of the Law Goals and Prisons ought to be only used as places of safe custody untill the constant appointed time of speedy tryals (u) (u) See Sir Ed. Cook 1 part Instit l. 3. c. 7. sect 438. fol. 260. a. who expresly saith Imprisonment must be a safe custody not a punishment and that a prison ought to be for keeping men safe not to punish them See also 2 part Institut f 43. 315. 589. 590. 591. 3. part fol. 3â— 35. 4 part 168. and now they are made places of torment and the punishment of supposed offenders they being detained many years without any Legall tryals that therefore it be Enacted that henceforth no supposed offender whatsoever may be denyed his Legall tryall at the first Sessions Assizes or Gaol-delivery after his commitment (w) (w) See the Statute of the 4 E. 3 2. 12 R. 2. 10. and that at such tryal every such supposed offender be either condemned or acquitted 9. Whereas Monopolies of all kindes have been declared by this Honorable House to be against the fundamentall Lawes of the Land and all such restrictions of Trade doe in the consequence destroy not only Liberty but property that therefore all Monopolies whatsoever and in particular that oppressive Company of Merchant-Adventurers be forthwith abolished and a free Trade restored and that all Monopolizers may give good reparation to the Commonwealth and to particular parties who have been damnified by them and to be made incapable of bearing any Office of power or trust in the Nation and that the Votes of this House Novemb. 19. 1640. against their sitting therein may be forthwith put in due execution 10. Whereas this House hath declared in the first Remonstrance of the (x) (x) See 1 part Book Declar. page 14. state of the Kingdome that Ship-money and Monopolies which were imposed upon the people before the late Warre did at least amount to 1400000 l. per annum and whereas since then the Taxes have been double and treble and the Army (y) (y) See the Armies last Representation to the House hath declared that 1300000 l. per annum would compleatly pay all Forces and Garrisons in the Kingdom and the Customes could not but amount to much more then would pay the Navie so that considering the vast summes of moneys raised by proposition-money the fift and twentyeth part sequestâ—ations and compositions excise and otherwise it is conceived much Treasure is concealed that therefore an Order issue forth immediatly from this Honourable House to every parish in the Kingdome to deliver in without delay to some faithfuâ—l persons as perfect an accompt as possible of all moneys levyed in such Town City or Parish for what use or end soever since the beginning of the late Warre and to return the severall Receivers names and that those who shall be employed by the severall Parishes in every Shire or County to carry in those accompts to some appointed place in the County may have liberty to choose the receiver of them and that those selected persons by the severall parishes in every County or Shire may have liberty to invest some one person in every of their respective Counties or places with power to sit in a Committee at LONDON or elswhere to be the Generall Accomptants of the Kingdom who shall publish their Accompts every month to the publick view and that henceforth there be onely one Common Treasury where the Books of Accompts may be kept by severall persons open to the view of all men 11. Whereas it hath been the ancient Liberty of this Nation That all the Free-born people have freely elected their Representers in Parliament and their Sheriffs and (z) (z) 28 Edw. 1. Chap. 8. 13. See 2 part instit fol 174 175 558 559. where Sir Ed. Cook positively declares that in ancient
of the people would joyne in the Petition and act to save themselves with vigour and strength there might then be some encouragement for us once againe to joyne in acting with them but for any thing could be perceived the generality of the people were as willing to be slaves as any were to have them so and having been so often jaded had set down with a kind of a resolution to stir no more come what would come therefore we being but a small number to the whole our striving in this case was but to sow the wind Unto which Mr Speaker it was answered much to this effect That the great end wherefore God sent man into the world was that he should do good in his generation and thereby glorifie God in his generation and it is said of Christ that he made it his worke to go up and down to do good unto all that he could meet with and therein he was declared to be like unto his Father the immitating of which he had required of al of us that should do good to all men and how did we imitate him in this if our friends our Country-men our brethren were ready to perish and in their sottishnesse were ready to be destroyed and God had opened our eyes to see it and yet we would not do the best we could to save and preserve them though they were unwilling to save and preserve themselves Nay Mr Speaker it was there further pressed that to sit stil in such a universall perishing case as this is was so far below a Christian that it was beneath and below the very light of nature and selfe-preservation that was evinced after this manner as I am an individual I am a part of the whole Nation and if it perish in the eye of reason I and mine must perish with it But the whole Nation is in danger of an universal destruction by oppression injustice and decay of Trade which would speedily bring famine and that would bring all manner of confusion by the poor peoples rising up to cut the throats of the rich-men to get their estates and monies to buy them bread and to preserve nature and in this horrible confusion we should be a prey to every forraigne enemy that would first invade us and if such a thing should happen we must become an Aceldoma a desolation a wildernesse a field of bloud And I clearly see all this before my eies and yet I wil sit stil and do nothing towards the publique safety in which I am transcendently concerned and involved because the far greater part of my neighbours sit down in silence and are like sots resolved or ready to perish in their sottishnesses and I must perish with them am I not guilty of mine owne ruine and destruction if when I see it before me and sottishly sit downe and use not my uttermost indeavours to preserve the whole in the preservation of which I am preserved because the rest of my neighbours and friends wil not joyne with me to do it Nay Mr. Speaker it was further pressed that in such a case as this is which is now the case of the Kingdome I am bound and tied in conscience and duty to my selfe with vigour and strength to act although my neigbour refuseth salvation or preservation by me and commands me not to save him And it was further illustrated in this manner my neighbours House is on fire and I clearly see if it be not quenched mine is likely to be burned by it whereupon I go to my neighbour and proffer him my helpe to quench it and he being it may be in a fright a fullennesse a sottishnesse a mase a distemper or a revengefull maliciousnesse refuseth my help yea and commands me not to helpe him but threatens me if I doe yet notwithstanding all this I am bound in duty to selfe and universall preservation to help to do it whether he wil or no yea to pull down his house to help to quench the fire to keep my owne and my neighbours from being burnt whereas if none of this were but that his house were standing and in no such danger for me then against his wil and mind to set my foot over his threshold I am a transgressor and an incroacher upon my nighbours rights and properties In the second place Mr Speaker it was answered That in case my neighbour were a drowning of himself and I see it I were bound by the Law of God and Nature whether he would or no to save him nay but much more if in his drowning I were likely to be drowned with him were I bound to save him if I can although he laid a thousand commands upon me to the contrary And hereabouts as I remember it was further objected That the people all over the Kingdom were generally very ignorant and malignant and hated the Parliament and us whom they called Roundheads Independents c. for our cordiall adhering to them under whom they groan under greater oppressions and burthens then before the Parliament and for all their expences and fightings were never a bit the freer either at present or in future grounded hopes and therfore for us that were for the foresaid reason so faithfull to the generality of the people to act in this petition they would but contemn it for our sakes and be provoked to rise up against us Unto which Mr Speaker my self c. answered to this effect The people are generally malignant and more for the King then the Parliament but what 's the reason but because their burthens are greater now then before and are likely to continue without any redresse or any visible valuable consideration holden out unto them for all the bloud and treasure they had spent for their liberties and freedoms and the reason why they were so ignorant and did so little inquire after their liberties and freedom was Mr Speaker because that though the Parliament had declared in generall that they engaged to fight for their liberties yet they never particularly told them what they were nor never distinctly held forth the glory and splendour of them to make them in love with them and to study how to preserve them and for want of a clear declaring what was the particulars of the Kings Rights and the nature of his office and what was the Parliaments particular priviledges power and duty to the people of the Kingdom that chused and trusted them and what particularly was the peoples rights and freedoms they were hereby left in blindnesse and ignorance and by reason of their oppressions because they knew no better doted implicitly upon the King as the fountain of peace justice and righteousnesse without whom nothing that was good could have a being in this Kingdom So I told them Mr Speaker it was no marvail that the poor people in this particular were in FOGS MISTS WILDERNESSES AND DARKNESSE considering that this House in their Declarations had so plaid at fast and loose