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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	according_a	court_n	law_n	1,543	5	4.8094	4	false

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

your perill and see that you ha●e there this Writ Witnesse Edw Cook 20. Nov. and the Tenth Yeare of Our Raign This is the usuall forme of the Writ of Habeas Corpus in the Kings-Bench vide Mich. 5. Edw. 4. Rot. 143. Coram Rege Kesars Case under the Test of Sir John Markeham REX Vicecom London salutem Praecipimus vobis quod habeatis Coram Justiciariis nostris apud Westm ' Die Jovis prox post In the common pleas for any man priviledged in that Court the like in the Exchequer quinque Septiman Pasche corpus A.B. quocunque nomine censeatur in prisona vestra sub custodia vestra detent ut dicitur una cum die causa captionis detentionis ejusdam ut iidem Justiciar nostri visa causa illa ulterius fieri fac quod de jure secundum legem cons●etudinem Regni nostri Angliae for et faciend habeatis ibi ●oc breve Test c. THE King to the Sheriffes of London greeting We command you that you have before Our Justices at Westminster upon Thursday next five weekes after Easter the Body of A. B. by what Name soever he be called being detained in your Prison under your custody togetherwith the day and cause of his Caption to the end that Our said Justices having seen the cause may further doe that which of right and according to the Law and Custome of Our Realm of England ought to have done or have there this Writ Witnesse c. The like Writ is to be granted out of the Chancery either in the time of the Term as in the Kings Dench or in the vacation for the Court of Chancery is offici●● just●●ia and is ever 〈◊〉 and never adjourned so as the subject being wrongfully imprisoned may have Justice for the liberty of his person as well in the Vacation-time as in the Terme By these Writs it manifestly appeareth that no man ought to be imprisoned but for some certain cause and these words Ad subjiciend re●ipiend c. prove that cause must be shewed for otherwise how can the Court take order therein according to Law And this is agreeable with that which is said in Holy Histd●y sine ratione ●ihi videtur mittere vinctum in carcerim cau as ●jus non signifit 〈◊〉 But since we wrote these things passed over too many other Acts of Parliament see now the Petition of Right Anno tertio Caroli Regis resolved in full Parliament by the King the Lords Spirituall and Temporall and the Commons which hath made an end of this question if any were Imprisonment doth not only extend to 〈◊〉 imprisonment and unjust but for detaining of the prisoner longer then hee ought where hee was at the first lawfully imprisoned If the Kings 〈◊〉 come to the 〈◊〉 deliver to the prisoner If he detain him this detaining is an imprisonment against the law of the land c. But look upon 〈◊〉 〈◊〉 Warrant● 〈…〉 committed and 〈◊〉 committed 〈…〉 and you 〈◊〉 not find one legall one amongst them all Now for the second thing before spoken of in the manner of his tryall which is That it ought by Law to have b● publike in the presence of all that had a mind to have heard it 〈◊〉 any restraint of any This I find to be claimed by Mr. Pryn at the tryall of Colonell Nat. Fines in the 11. page of his relation thereof which he desired That they might have a publike hearing and that the do●e might be set open and none excluded that would come in the which he saith ●e desired the rather because the Parliament the representative Body of the Kingdome had ordered a fair and equall tryall which he conceived as he told the Councell of Warre was to be a free and open one agreeable as he saith to the proceedings of Parliament and all other Courts of Justice in the Realm which stand open to all and from whence no Auditors are or ought to be excluded To which Mr. Dorisla answered that it was against the stile conrse of a Court-Marshall to be publike and open and therefore it might not be admitted upon any tearmes Unto which Mr. Will. Pryn replyed that hee was a common-Lawyer and by his profession his late Protestation and Covenant bound to maintain the fundamental laws of the kingdome and liberty of the Subject which he told the Councell of Warr they themselves had taken vp Armes c. to defend and maintain And saith he by the Lawes and Statutes of the Realm all Courts of Justice ever have been are and ought to be held openly and publikely not close like a Cabinet-Councell Witnesse all Courts of Justice at Westminster and else-where yea all our Assizes Sessions wherein men though indicted but for a private Fellony Murder or trespasse have alwayes open tryals He goes on and in the 12. page thereof tells him that not only Courts of common-Law but the Admiralty and all other Courts proceeding by the Rules of either of the civill or canon-Law the proceedings have ever been publike and the Courts open and even in 〈◊〉 proceedings by Martiall Law before a Conncell of Warre at the G●●●d-Hall of London at the tryall of Mr. Tompkin● 〈◊〉 and others it was publike and open in 〈◊〉 of 〈◊〉 〈◊〉 〈◊〉 of Parliament and the whole City no come●s 〈◊〉 〈◊〉 〈◊〉 And he positively tels the Councell of Warre a little further that it was both against the laws and subjects liberty as he humbly conceived to deny any prosecutor o● subject an open tryall And he gives divers reasons there for it he goes on and in the 13. page saith That the Parliament when it sits as a Conncell to consult debate or deliberate of the great and weighty affaires of the Kingdome is alwayes private and none but the Members or Officers of either House admitted to their consultations and debates But saith he as the Parliament is a Court of Justice to punish Malefactors so the proceedings of both or either House are alwayes publike as appears by the late Tryall of the Earle of Strafford in Westminster-Hall and infinite other presidents of antient and present time To which I may adde the Tryall of William Laud late Archbishop of Canterbury And this practice is suitable to what we read in Scripture that among the Iewes the Iudges sate openly in the City Gates the most publike place of all And truly he or they that will not suffer Justice to be executed and administred openly bewrayes their own guiltinesse and do thereby acknowledge that they are ashamed of their cause For saith Christ John 3. 20 21. Every one that doth evill hateth the light neither cometh to the light least his deeds should be reproved or discovered but he that doth truth cometh to the light that his deeds may be made manifest that they are wrought in God But so far were the Lords from this just way of permitting Lieutenant Col. Lilburn a publike tryall that the

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

both on him and all that had a finger in furthering of his usurpation vers 23 24 45 53 54 for afterward the Tyrant tha● they had set up destroyed them all for their pains and in the end had his scull broke to pieces with a piece of a mill-stone thrown from the hand of a woman And after many miseries sustained by the people of Israel for their revolt from their loyalty to GOD their LORD and KING Yet in their distresse hee took compassion of them and sen● them Samuel a just and righteous Judge who judged ●hem justly all his dayes But the people of Israel like foolish men not being content with the Government of their Soveraign by Judges who ou● of doubt took such a care of them that he provided the best in the world for them would reject their Liege Lord and chuse one of their own nam●y a King that so they might be like the Pagans and Heathens who ive without God in the world which Act af theirs God plainly declares was a rejection of him th●t he should not reign over them 1 Sam. 87. and chap. 10. 19. Bu● withal he desc●●beth vnto them the behaviour of the King vers 11 12 13 14 16. which 1 Sam. 8. 7. and 10. 9. is that he will rule and govern them by his own will just Tyrant like for saith Samuel he will take your Sons and appoint them for himselfe for his Chariots and to be his hor●em●n and ome shall run before his Chari t s and he will take by his Prerogative your Fi●lds and your Vineyards and you● Oliveyards eve● the hest of them and give them to his Servants and he will take your men-servants and your maid-servants and your goodliest young-men and your Asses and put them to his worke c. And saith Samuel you shall cry out in that day because of your King which ye shall have chosen unto you but the Lord will not hear you in that day And Samuel in the 12. C●ap●er gives them positively the reason ofi● which was that although GOD in all their straights had taken compassion on them and sent them deliveries and at the last had by himself set them free on every side so that they dwelt sately Yet all this would not content them but they would have a King to reigne over them when s●●h Samu●l the ●ord your God was your King therefore chap. 1● 19. saith Samuel ye have this day rejected your God who himself saved you out of all your adversities c. yea and in the 19. ver of the 12. chap. the People acknowledged that they had added unto all their sins this evill even to ask a King Whereb we may evidently p●rceive that this office of a King is not in the least of Gods institution neither is it to b● given to any man upon earth Because none must rule by his will but God alone And therefore the Scripture saith He gave them a King in his anger and took him away in his wrath Hosa 13. 11. In the second place for the proofe of the minor Proposition which is That Charles R. received his Crown and Kingdome by contract and agreement and hath broken his contract and agreement I thus prove And first for the first part of the position History makes it clear that WILLIAM THE CONQVEROVR OR TYRANT being a Bastard subdued this Kingdome by force of Armes Reade Speeds Chronicle folio 413. There being slain in the first Battell betwixt him and the English about sixty thousand men on the English party As Daniel records in his History fol. 25. And having gained the Country he ruled it by his sword as an absolute Conqueror professing that he was beholding to none for his Kingdome but God and his sword making his power as wide as his will just Tyrant like giving away the Lands of their Nobles to his Normans laying unwonted taxes and heavie subsidies upon the Commons insomuch that many of them to enjoy a barren liberty forsook their fruitfull inheritance and with their w●ves and children as out-lawes lived in woods preferring that naked name of freedome before a sufficient ☞ maintenance possest under the thraldome of a Conquerar who subvert●ed their Lawes disweaponed the Commons prevented their night meetings with a h●avi● penalty that every man at th● day closing should cover his fi●e and depart to his rest there by depriving them of all opportunity to consult together how to recover their liberties collating Office●s all both of command and judicature on those who were his 〈◊〉 made saith Daniel page 46. his domination such as he● would have it For whereas the causes of the Kingdome were before determined in every Shire And by a Law of King Edward Seg●ier all matters in question should upon speciall penalty without further deferment be finally decid●d in the Gemote or Conv●●●ions held monethly in every Hundred Now he ordained That four times in the yeare for certain dayes the same businesse should be determ●ned in such place as he would appoint where he constituted Judges to 〈◊〉 to that purpose and others from whom as from the bosom● of ●he Prince all litig●tors should have justice And to make them ●s miserable as slav●s could be made He ordered that the Laws should be practised in French A● P●itions and businesses of C●urt ●n French that so the poor miserable people might be gulled and cheated undone and destroyed not onely at his will and pleasure but also at the will and pleasure of his under Tyrants and Officers For to speak in the words of Martin in his History page 4 He enacted and established strict and severe Lawes and published them in his own language by meanes whereof many who were of great estate and of much worth through ignorance did transgress● and their sm●llest offences were great enough to entitle the CONQVEROR to their lands to the lands and riches which they did possesse All which ke seized on and took from them without remorse And in page 5. he declares hat he erected sundry Courts for the administra●i●n● his ●ew Lawes and of Justice and least his Iudges sh●uld bear to● great a sway by reason of his absence he caused them all to follow his Court upon all removes Whereby he not only curbed th●ir disp●si●ions which i●cited them to be great but also tired out the English N●tion with extraordinary troubles and excessive charges in the prosecution of Suites in Law From all which relations we may observe First from how wicked bloudy triviall base and tyrannicall a Fountain our gratious Soveraignes and most excellent Majesties of England have sprung namely from the Spring of a Bastard of poore condition by the Mothers side and from the p●rnitious springs of Robbery Pyracie violence and Murder c. Howsoever fabulous Writers striv● as Daniel saith to abuse the credulity of after Ages with Heroicall or mircaulous beginnings that surely if it be rightly considered there will none dote upon those kind of Monsters Kings bu●

Knaves Fooles Tyrants or Monopolizers or unjust wretched persons that must of necessity have their Prerogative to rule over all their wickednesses Secondly Observe from hence from what a pure Fountain our inslaving Lawes Judges and Practises in Westminster Hall had their originall namely from the will of a Conqueror and Tyrant for I find no mention in History of such Iudges Westminster Hall Courts and such French u●godly proceedings as these untill his dayes the burthen of which in many particulars to this day lies upon us But in the 21. of this Tyrants reigne After that the captivated Natives had made many struglings for their liberties and he having alwayes suppressed them and made himself absolute He began saith Daniel fol. 43. to govern all by the customes of Normandy whereupon the agrieved Lords and sad People of England tender their humble Petition beseeching him in regard of his Oath made at his Coronation and by the soule of St. Edward from whom he had the Crown and Kingdome under whose Lawes they were born and bred that he would not adde that misery to deliver them up to be judged by a strange Law wh●●h they underst●●d no● A●d saith he so earnestly they w●ought that he was pleased to confirme that by his Charter which he had twice ●ore-prom●●d by ●is Oath And gave commandment unto his I●stitiaries to see those Lawes of St. Edward to be invi●lably observed th●ough u● the Kingdome And yet notwithstanding this co●firmatio● 〈◊〉 the C●●r●ers afterward granted by Henry the secon● ●nd King Iohn to the same effect There followed a great Innovation b●th in Lawes and Government in England so that this seemes rather to h●ve b●en done to acquit the people with a shew of the confi●mation of their antient Customes and liberties then that they enjoyed them inessect For whereas before those Lawes they had were written in their tongue i●telligible unto all Now they are tra●slated into Latine and French And whereas the Causes of the Kingdome were before determined in every Shire And by a Law of King Edward s●nior all matters in question should upon speciall penalty w●tk●ut ●urther deferment be finally decided in their Gemote or Conventions held monethly in every Hundred A MOST GALLAN● LAW But he ●et up his ●udges four times a yeare where he thought good to he●● their Causes Again before his Conquest the inheritances descended not alone but after the Germane manner equally divided to all the children which he also altered And after this King alias Tyrant had a cruell and troublesome raign his own Son Robert rebelling against him yea saith Speed fol. 430. all things degenerated so in his cruell dayes that t●me and domestick● fowles as Hens Geese Peacocks and the like fled into the Forrests and Woods and became very wild in imitation of men But when he was dead his Favourites would not spend their pains to bury him and scarce could there be a grave procured to lay him in See Speed fol. 434. and Daniel fol. 50. and Martin fol. 8. WILLIAM THE SECOND to cheat and cosen his eldest brother Robert of the Crown granted relaxation of tribute with other releevements of their dolencies and restored them to the former freedome of hunting in all his Woods and Forrests Daniel fol. 53. And this was all worth the mentioning which they got in his dayes And then comes his brother Henry the first to the Crown and he also stepping in before Robert the eldest brother and the first actions of his government tended all to bate the people and suger their subjection as his Predecessour upon the like imposition had done but with more moderation and advisednesse for he not only pleaseth them in their releevement but in their passion by punishing the chiefe Ministers of their exactions and expelling from his Courtall dissolute persons and eased the people of their Impositions and restored them to their lights in in the night c. but having got his ends effected just tyrant-like he stands upon his Prerogative that is his will and lust but being full of turmoiles as all such men are his Son the young Prince the only hope of all the Norman race was at Sea with many more great ones drowned after which he is said never to have been seen to laugh and having besides this great losse many troubles abroad and being desirous to settle the Kingdome upon his daughter Maud the Empresse then the wife of Coffery Plantaginet in the 15. year of his reign he begins to call a Parliament being the first after the Conquest for that saith Dan. fol. 66. he would not wrest any thing by an imperiall power from the Kingdome which might breed Ulcers of dangerous nature he took a course to obtain their free consents to observe his occasion in their generall Assemblies of the three Estates of the Land which he convocated at Salisbury and yet notwithstanding by his prerogative resumed the liberty of hunting in his Forrests which took up much faire ground in England and he laid great penalties upon those that should kill his Deere But in this Henry the first ended the Norman race till Henry the second For although Henry the first had in Parliament caused the Lords of this Land to swear to his Daughter Maud and her Heires to acknowledge them as the right Inheritors of the Crown Yet the State elected and invested in the Crown of England within 30. dayes aftter the death of Henry Stephen Earle of Bolloign and Montague Son of Stephen Earl of Blois having no title at all to the Crown but by meer election was advanced to it The Choosers being induced to make choice of him having an opinion that by preferring one whose title was least it would make his obligation the more to them and so they might stand better secured of their liberties then under such a one as might presume of a hereditary succession And being crowned and in possession of his Kingdome hee assembleth a Parliament at Oxford wherein hee restored to the Clergie all their former liberties and freed the Laity from their tributes exactions or whatsoever grievances oppressed them confirming the same by his Charter which faithfully to observe hee took a publike Oath before all the Assembly where likewise the BBs swore fealty to him but with this condition saith Daniel folio 69. SO LONG AS HE OBSERVED THE TENOVR OF THIS CHARTER And Speed in his Chronicle fol. 468. saith that the Lay-Barons made use also of this polici● which I say is justice and honesty as appeareth by Robert Earl of Glocester who swore to be true Liege-man to the King AS LONG AS THE KING WOVLD PRESERVE TO HIM HIS DIGNITIES AND KEEPE ALL COVENANTS But little quiet the Kingdome had for rebellions and troubles dayly arose by the friends of Maud the Empresse who came into England and his Associates pitching a field with him where he fought most stoutly but being there taken hee was sent prisoner to Bristell And after this Victory thus

the rest of his Suffragans solemnly pronounced the Sentence of Excommunication whi●h then was a fe● full thunder-bolt against all such who should contradict those Articles which were there publikely read before the Barons and Commons of the Realme in the presence of the King Amongst which the observation and execution of Magnae Charta is required with all other ordinances necessary for the Church and Kingdome and that as the said King had done all st●angers should be banished the Court and Kingdome and all ill Councellors removed That the businesse of the State should be treated on by the Councell of the Clergy and the Nobles That the King should not begin any war or go any way out os the Kingdom without the common Councell of the same Daniel fol. 205. Speed fol. 652. But this King for his evill government breaking his Oaths and Contracts with his People was therefore by common consent in full Parliament deposed Which we shall have occasion b● and by more fully to speak of and the Bishop of Hereford as the mouth of those Messengers that were sent by the Parliament the Body of the State told him that the Common-wealth had in Parliament elected his eldest Son the Lord Edward for King and that he must resigne his Diadem to him or after the refusall suffer them to elect such a person as themselves should judge to be most fit and able to defend the Kingdome This Prince being crowned raigned above 50. years and hath the best commendation for Manhood and Justice of any Prince that went before him or that followed after him who yet notwithstanding though he came in by election and took the Oath at his Coronation which his Father took before him yet he fayled often in the performance of it Of which the BBp. of Canterbury in an Epistle written to him when hee was in France tells him home of it in these words That it was the safety of Kings and their Kingdoms to use grave and wise Councellors alleadging many examples out of holy Writ of the slourishing happinesse of such as took that course and their infelicity who followed the contrary Then wills him to remember how his Father led by evill Councell vexed the Kingdome putting to death contrary to the Law of the Land divers of the Nobility and wished him to consider what hapned thereby unto him 〈◊〉 to call to mind how himself at first through evill Councell about 〈◊〉 almost lost the hearts of his people But afterwards by the great 〈◊〉 and care of his Prelates and Nobles his affaires were 〈…〉 into so good order as he recovered them and is reputed the noblest Prince in Christendome But now again at present through the 〈◊〉 Councell of such as effect their own prosit more then his honour o● the welf●re of his People he had caused Clergy-men and others to be ar●ested and held in prison by undue proceeding without being indicted or convilled contrary to the Laws of England which he saith he was ●●●nd by his Oath at his Coronation to observe and against Magna Charta which whosoever shall presume to infringe are to be by the Prelates excommunicate so that hereby he incurred no small detriment to his Soule and to the State and his Honour which he doubted if he proceeded in it would loose both the hearts of the people and their ayd and helpe Daniel Foli 229. 230. For which the King sharply according to his prerogative power reproveth him But shortly after the King found much to do● in the Parliament held at London being earnestly petitioned by the whole Assembly that the great Charter of Liberties and the Charter of Forrests might be duly observed and that whosoever of the Kings Officers in●ringed the same should loose their place That the high Officers of the Kingdome should as in former times * Read Daniel fol. 149. be elected by Parliament But the King stood stiff upon his prerogative but yet yeelded that these Officers should receive an Oath in Parliament to do justice unto all men in their Offic●s and thereupon a Statute was made and confirmed with the Kings Seal both for that and many other Grants of his to the Subj●cts which notwithstanding were for the most part presently after revoked Daniel fol. 231. But forasmuch as About this time in the Statute-Bookes at large fol. 144. l find was an excellent Oath made in the 18. of Edw. 3. Anno 1344. intituled The Oath of the Justices I conceive it may be worth the reading and therefore it is not unnecessary here to ins●rt it which thus followeth YE shall swear that well and lawfully ye shall serve our Lord the King and his People in the Office of Iustice and that lawfully ye shall counsell the King in his businesse And that ye shall not counsell nor assent to any thing which may turn him in dammage or disherison by any manner way or colour And that ye shall not know the dammage or disherison of him whereof ye shall not cause him to be warned by your self or by others and that ye shall do equall Law and execution of right to all his Subjects rich and poore without having regard to any person And that you take not by your self or by other privatly nor apertly guift nor regard of gold nor silver nor of any other thing which may turn to your profit unlesse it be meat or drinke and that of small value of any man that shall have any plea or processe hanging before you as long as the same processe shall be so hanging nor after for the same cause And that ye take no Fee as long as ye shall be Justice nor Robes of any man great or small but of the King himself And that ye give none advice nor counsell to no man great nor small in no case where the King is party And in case that any of what estate or condition they be come before you in your Sessions with force and arms or otherwise against the peace or against the form of the Statute thereof made Stat 2. E. 3. 3. to disturb execution of the Common-Law or to ●●●ace the people that they may not pursue the Law that ye shall cause their bopies to be arrested and put in prison And in case they be such that ye cannot arrest them that ye certifie the King of their names and of their misprision hastily so that he may thereof ordain a conveniable remedy And that ye by your selfe nor by others privily nor apertly maintain any plea or quarrell hanging in the Kings Court or else-where in the Country And that ye deny to no man common right by the Kings Lett●rs nor none other mans nor for none other cause in case any Letters come to you contrary to the Law that ye do nothing by such Letters but certifie the King thereof and proceed to execute the Law notwithstanding the same Letters And that ye shall do and procure the profit of the King and his Crown with

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

him in the House of those Peers by way of Charge bu● sends him no Copy of it although it was impossible for him being so close as he was to get a Copy of it himselfe the greatest part of which is taken out of his booke called The Freemans Freedome vindicated and his Epistle to Mr. Wolaston the Jaylor of Newgate both of them made by him in Newgate many dayes after the Lords had Cōmitted him which letter of his to Mr. Wollaston for the excellent matter therein we will insert heere verbarim SIR I this morning have seen a Warrant from the House of Lords made yesterday to Command you to bring me this day at 10. a clocke before them the Warrant expresseth no cause wherefore I should dance attendance before them neither do I know any ground or reason wherefore I should nor any Law that compels mee thereunto for their Lordships sitting by vertue of Prerogative-pa●ents and not by election or common consent of the People haue as Magna Charta and other good Lawes of the Land tels me nothing to do to try me or any Common●r whatsoever in any criminall case either for life limb liberty or estate but contrary hereunto as incrochers and usurpers upon m● freedomes and liberties they lately and illegally endeavored to try m● a Commoner at their Bar for which I under my hand and seale protested to their faces against them as violent and illegal incrochers upon the rights and liberties of me and all the Commons of England a copy of which c. I in Print herewith send you and at their Bar I openly appealed to my competent proper legall Tryers and Judges the Commons of England assembled in Parliament for which their Lordships did illegally arbitarily and tyrannically commit me to prison into your custody unto whom divers dayes agoe I sent my Appeale c which now remains in the hands of their Speaker if it be not already read in their house unto which I do and will stand and obey their commands Sir I am a free-man of England and therefore I am not to be used as a slave or Vas●all by the Lords which they have alreday done and would further doe I also am a man of peace and quietnesse and desire not to mo●est any if I be not forced thereunto therefore I desire you as you tender my good and your own take this for an answer that I cannot without turning traytor to my liberties dance attendance to their Lordships Barre being bound in conscience duty to God my self mine and my Country to oppose their incroachments to the death which by the strength of God I am resolved to do Sir you may or cause to be exercised upon me some force or violence to pull and drag me out of my chamber which I am resolved to mantain as long as I can before I will be ●●mpelled to go before them and therefore I desire you in a friendly way to be wise and considerate before you do that which it may be you can never undoe Sir I am your true and faire conditioned prisoner if you will be so to me IOHN LILBURN From my Cock-loft in the Presse yard of Newgate this 13. of June 1646. And the next day aftere Serjente Finch exhibited his Artiicles being the 11 July 1646. Lieutenant Colonell Lilburne is by vertue of a warrant to the Sheriffe or Sheriffes of London M. Foot and Mr. Kendrik who contrary to Law refused to give him a Coppy of ha● warrant although hee sent for it by Mr. Bisco ●he Clerk of Newgate brought up to the Lords barr in a●most base Contumelious and reproachfull maner the substance of that Warant being to command him to the Lords Barr to heare his charge read But before he was called in hee by his Keeper sent word to the Lords That they being not his Peers and Equals were none of his LEGALL JUDGES and so had no jurisdiction over him and therefore hee would not stoop unto or acknowledge their authority and jurisdiction over him in this particular which he desired a-fore-hand to acquaint them with And that he must be forced out of conscience to that duty he owes to Himselfe his Liberties and the Liberties of his Countrey seeing their LORDSHIPS would neither be satisfied with his Protestation nor Appeale to the COMMONS nor yet with his refusing to kneele at their Bar nor consult with the House of COMMONS about the legality of their proceedings but the third time to send for him who they knew could not in this case stoop unto them as though they were resolved to tread the Liberties of all the COMMONS of ENGLAND under their feet And therefore seeing that they increased in their illegall an unwarrantable presumptiō he said he must increase in his just detestation of their actions and incroachments In testimony of which hee was resolved to come in with his HATON and to STOP his EARES when his charge was offered to be read which as I understand he accordingly did And having liberty sometimes to speak to them being commanded to withdraw three times and brought in again he told them to this effect with a great deal of resolution That they were not onely not his Judges but the manner of their proceeding with him was against all Law and Justice yea contrary to their own judgement lately given by themselves in February last in his own case of the Star-Chamber and of the Petition of Right For said he My Lords the warrant that commanded me to your Barre did summon me up to answer a criminall charge And being at your Bar I pressed you again and again to see it and earnestly intreated you that if you had any legall charge in writing against me that it might bee produced But contrary to Law and Justice you refused to do it contrary to all law just High Commission-li●e pressed me to answer Interrogatories cōcerning myself w●●ch fo●●●● 〈…〉 me to deliver in my Protestatiō aga●●●●● you And I have 〈◊〉 appp●aled ro my Legall Judges the COMMONS of ENGLAND assembled in PARLIAMENT who have received accepted read and committed my appeale and promised me justice in it And my Lords I tell you to your ●●ces These are the MEN that ONELY and ALONE have THE SUPREAM POWER of ENGLAND residing in them who when you have done all 〈◊〉 the worst you can they both must and will bee your Judges and mine But my Lords if you will not joyne issue with me there that you may know I neither feare you nor your Charge nor decline a legall proceeding about it preferre your charge against me in any Court of Justice in Westm●nster-Hall or any other Court in England rhat hath a legall jurisdiction over me and I will answer you The which if you refuse and will still persev●re in your incroachmens upon my Rights and Liberties know my Lords that here to your faces I bid defiance to you to doe the worst you can to me being resolved to spend my

heart blood against you in this way My Lords said he are not you the men that first engaged this kingdome in this present warre And you pretended and swore it was for the maintenance of the lawes and liberties of England But my Lords if you dissembled or were in jest I am sure said he I was reall and in good earnest And therefore my Lords before you shall wrest out of my hand my essentiall liberties and freedomes and that which makes me a man and to differ from a beast having already run the hazards of so many deaths for the preservation of them as I have done I tell you plainly and truly I will by the strength of GOD v●nture my life and blood as freely and resolutely against you in this particular as ever I did in the field against any of the Cavaliers who you told us endevoured and intended to destroy the lawes and liberties of England And some of your selves know that that was resolutely enough And much more as I understand he told them then which I leave to the relation of his own pen and hand which I beleeve the world will shortly see But they went on and sentenced him two thousand pounds to the King for his present contempt at their Barre and two thousand pounds for his pretended crimes contained in their Articles which they took pro confesso because he would not heare them read But in regard that his wives late petition delivered to the House of COMMONS September 23. 1646. doth notably and excellently set forth the illegality of the manner c. of the Lords proceedings with him we judge it very necessary here to insert it not only for the proof of the thing in hand but also for her exceeding commendations in so close following her husbands businesse in his great captivity with such resolution wisdome and courage as she doth whose practice herein may be a leading just and commendable president for all the wives in England that love their husbands and are willing to stand by them in the day of their tryall Her petition thus followeth To the Chosen and betrusted Knights Citizens and Burgesses assembled in the high and supream Court of PARLIAMENT The Humble Petition of ELIZABETH LILBURNE wife to Lieu. Col JOHN LILBURNE who hath been for above eleven weeks by-past most unjustly divorced from him by the House of Lord and their tyran●ic●ll Officers against the Law of GOD and as she conceives the Law of the Land Sheweth THat you only and alone are chosen by the Commons of England to maintain their Laws and Liberties and to do them justice and right a a Coll. of decl pag 254. 336. 382. 508. 613. 705. 711 716. 721. 724. 716 7●1 72● 73● which you have often befor God and the World sworn to do b b Coll. Decl. page ●61 663. protestation and covenant yea and in dive●● of your Declarations declared it is your duty in regard of the trust reposed in you so to doe c c Coll. decl pag. 81. 1●2 262 266 267 340 459. 462 471 4●3 58● ●9● without any private aimes personall respects or passions whatsoever d d Col. decl p. 4●4 490. 750. And that you think nothing too good to be hazarded in the discharge of your consciences for the obtaining of these ends e e Col● decl p. ●14 And that you will give up your selves to the uttermost of your power and judgement to maintain truth and conforme your selves to the will of God f f Col. declar p. ●66 which is to ●o● justice and g g ler 22 16. 15. 16. 17. right and ●ecure the Persons Estates and Liberties of all that joyned with you h h Col declar 6●6 673. imprecating the judgments of Heaven to fall upon you when you decli●e from these ends * * Col. Declar 4 you judging it the greatest scandal that can be laid upon you that you either do or intend to subvert the Lawes Liberties freedoms of the people i i Col. declar p. 264. 281. 494. 497. 654. 694. 696. Which freedoms c. you your selves call The cōmon birth-right of English-men k k Col. declar p. 738. 140. ●45 who are born equally sree● and to whom the law of the land is an equal inheritance and therefore you confesse in your Declar. of 23. Octob. 1643. l l Pag. 660. It is your duty to use your best endevours that the meanest of the Cōmonalty may enjoy their own birth-right freedom liberty of the laws of the land being equally as you say intitled thereunto with the greatest subject The knowledge of which as coming from your own mouthes and Pen imboldned your Petitioner with cōfidence to make her humble addresse to you to put you in mind that her husband above 2 moneths agoe made his formal legall appeale to you against the injustice and usurpation of the Lords acted upon him which you received read cōmitted and promised him justice in But as yet no report is made of his busines nor any relief or actual justice holden out unto him although you have since found time to passe the Cōpositions pardons for the infranchising of those that your selves have declared Traytors and Enemies to the Kingdom which is no small cause of sorrow to your Petitioner and many others that her husband who hath adventured his life and all that hee had in the World in your lowest condition for you should bee so slighted disregarded by you as though you had forgot the duty you owe to the kingdom and your many Oathes Vowes and Declarations ** ** Decl. 460. 498. 666. 673. which neglect hath hastened the almost utter ruine of your Petitioner her husband and small Children For the Lords in a most tyrannicall and barbarous manner being encouraged by your neglect have since committed her husband for about three weeks close prisoner to Newgate locked him up in a little room without the use of pen ink or paper for no other cause but for refusing to kneel at the Bar of those that by law are none of his Judges m m Magna Charta 29. Sir E. Cook 2 part Instit fol. 28. 29. Rot. 2. ● 3. The cruell Jaylors all that time refusing to let your Petitioner or any of his friends to set their feet over the threshold of his chamber door or to come into the prison yard to speak with him or to deliver unto his hands either meat drink money or any other necessaries A most barbarous illegall cruelty so much cōp●ained of by your selves in your Petition Remonstrance to the King 1. Decemb. 1641. n n Col. declar 6 7 8. and detested abhorred there by you as actions cruelties being more the proper issues of Turks Pagans Tyrants and men without any knowledge of God then of those that have the least spark of Christianity Honour or justice in their b●easts And then while they thus

first time hee came before them Iune 11. 1646. After he was come into the House some of his friends and some strangers stept in as by Law and Justice they might But the Earl of Manchester as Speaker of that House commanded them all to withdraw which they were forced to doe And this I averre not by hear-say but out of knowledge And the second time he came before them which was 23 Iune 1646. It was little otherwise his friends being turned out of doores though some of his enemies scoffers and deriders were permitted to stay And the third time which was upon the 11. Iuly 1646 as I understand he had much adoe with the dore-keepers to get his wife to be admitted in though a great many of the Sheriffes Sharks and Caterpillars that accompany the Hang-man to Tyburn the day he doth execution were freely admitted Hounscot the tyrannicall Prelates old-cruell Catchpole and now the Lords speciall Darling and Favourite a man transcendent in basenesse and wickednesse and therefore more fit sor their Lordships with some others of their own creatures were admitted in as parties fit to bear false witnesse against him and make false reports of his and his honesty And Lieutenant-Colonel Lilburns friends were so far from being admitted into the Lords House to see and behold the justnesse of their proceedings that the doore of the Painted-Chamber was locked and strongly guarded against them and if any of them in the croud got in there they had a second barre at their Lordships doore and if by great chance they at the opening thereof crowded in the Officers that stood at the inner doore took special care to hinder them from admittance there Oh the height of injustice and basenesse at the doing of which or hearing of it the Lords may justly blush for shame if they had either any honesty or ingenuity left in them and thus much for the first Position I come now to the second which is That if the Lords were a● Iudicature y●t they have no jurisdiction over Commoners But this is so fully proved in Mrs Lilburns Petition that I shall need to say no more to it but referred the judicious Reader thereunto and to a Printed Letter written by Mr. R. OVERTON a prisoner in Newgate committed thither by the Lords to Colonell HENRY MARTIN a Member of the Honourable House of Commons which Letter is a most notable rationall peece worth the reading I passe now to the third which is to give you some reasons to manifest that the LORDS are no Judicature t●all But ●e●r I shall crave leave to informe the Reader that the foregoing diseourse was made and finished above two moneths agoe and hearing that there was an Order from the Committee appointed by the House of Commons to consider of the priviledges of the Commons of England to bring Lieutenant Collonel Lilburne up before them I conceived he would then be a●liberty to write himselfe a●d his discourse I thought might adde much to strengthen the things I drive at and desire to declare and prove and therefore I ●av● sate still without makeing any p●●g●●sse to finish this discourse till this present conclusi●n of this present m●neth of November 1646. And my expectation I have not failed for he hath published two notable discourses of his own and some freind of his a third and therefore I shall earnestly desire the studious and inquisitive Reader for the further illustration and proofe of the first and second positions lavd down in pag. 6. and already handled in pag. 63. 64. 65. 78. c. seriously to read over the 23 24 25 26 27 28 29 30 31. pages of his first book called Londons Liberty in Chaines discovered printed Octob. 1646 And the 5. 6 7 8 9. 11. 14. 22. pages of his speech to the aforesaid Committ●e Nov. 6. 1646. and since by him published in print and called An Anatoamy of the Lords Tyranny And the 23 24 37 38 29 40 41 42 43 44. 46. 47. pages of his friends booke called Vox P●ebis a most notable discourse In the 26 27 28 29 31. 32. pages of which you may reade his Charge and ●entence in the House of Lords Now having premised this I returne to the third thing to be handled which is to give you some reasons to manifest that the Lords House are no ●udicatour at all And for the illustration of this I shall desire it may be considered that no j●dica●ure can justly be erected or set up unlesse it legally derive p●wer from those that have a legall power to erect constituce or institute it and I thinke this will be granted of all sides And therefore let us make inquisition who according to law and right in England ●ave an originall and true power to erect judicatures a●d I say onely the legall Commissioners of the people commonly called the Commons of England Assembled in Parliament and not the King who is not to give a law unto his people but his people unto him as is before largely proved pages 37 38 39 40 41 42 43. And as he confesseth in his Corona●●on-Oath that he hath taken or ought to have taken which you may read before pag. 31. 32. and which is declared by the statute of provisoes of benefices made Anno. 25. Ed. 3. Annodom 1350. which you may read in the statutes at large pag. 157. about the midst of which you have these words whereupon the said Commons have prayed our said Lord the King that sith the right of the Crowne of England and the law of the said Realme is such that upon the mischiefes and damages which happen to his Realme he ought and is bound by his oath with the accord of his people in his Parliament thereof to make remedy and law and in removing the mischiefes and damages which thereof insue that it may please him thereupon to ordaine remedy and it followes in these words Our Lord the King seeing the mischiefes and damages before mentioned and having regard to the said statute made in the time of his said Grandfather and to the causes contained in the same which statute holdeth alwayes his force and was never defeated repealed nor adnulled in any point and by so much he is bounden by his Oath to cause the same to be kept as the Law of his Rea●me though that by sufferance and negligence it hath been sithence attempted to the contrary c. But the House of Peeres neither derive nor challenge their Iudicature not in the least either from Commons in generall or from their Commissioners Deputies Trustees or Representors in Parliament Assembled and therefore are no legall Iudicature at all And that they do not derive their power either from the people under God the absolute and alone fountaine of all true power or their Commissioner read before pag. 45. where you shall finde that the King their groundlesse creator saith they have their power by blood and themselves claime it from no truer fountaine then by

the Dutely of Normandy and doe him homage for the same And then to make all sure with Pope Alexander whose thu●der-bolts of Excommunication were then of extraordinary dread and terror he promised him to hold it of the Apostolick See if hee prevailed in his enterprize Whereupon the Pope sent him a Banner of the Church with an Agnus of gold and one of the hai●es of St. Peter which was no small cause of prevailing the ●ase Clergy being then at the Popes beck and more minding their own particular self-interest then the welfare of their own native Countrey or the lives liberties estates of their brethren according to the slesh thereupon were the principall instrumentall cause that William the Bastard commonly called William the Conqueror had so easie an entrance to the possession of this kingdome Speed fol. 403 404. 405. 406. 413. 417. Daniel fol. 28 29 35 36. By means of which the Clergy beeraied their native Countrey to Robbers and Pirats and left the poore Commons to the mercilesse fury of mercilesse men And I wish they doe not now again the same with poore England now in her great distraction● for their interest is visible not to be the publickes but their pride covetousnesse and greatnesse Therefore O yee Commons of England beware of them and take heed you trust them not too much lest you be so deluded by them to your ruine and destruction And when William by their means principally as Daniel saith fo 36. had got possession of the Kingdom as you may partly before read p. 14 15 16 17 how extraordinary tyrannically he dealt with the poor natives and inhabitants By changing their laws and robbing them of their goods and lands at his will and pleasure and gave them away to his Norman Robbers And the poor Englishmen having all their livelihoods taken from them became slaves and vassals unto those Lords to whom the possessions were given And if by their diligence afterwards they could attain any portion of ground they held it but onely so long as it pleased their Lords without having any estates for themselves or their children and were oftentimes violently cast out upon any small displeasure contrary to all right Daniel fo 47. Speed 421 423 425. Insomuch that in those days it was a shame even among Englishmen to be an Englishman Speed fol. 422. 429. By means of all which he bestowd great rewards upō all those great men that came along with him and made them by h●s will the great men of England to help him to hold the people in subjection bondage and slavery for he made William Fitz-Auber the Norman the principall man under him to help for his designe Earle of Hartford who singly of himselfe took upon him meerly by the power of his own will to make Lawes in his own Earldome And unto Allayn another of his Comrades or trusty and well-beloved Consins he gave all the lands of Earle Edwin where on he built a Castle and whereof he made the Earldome of Richmond And unto William of Warren another of his Norman Robbers Marder ers he gave the Earldome of Surrey Speed fol. 437. And unto Walter Bishop of Durham another of his Comrades he sold the Earldome of Northumber land who there by the law of his owne will maintained Murderers and Rogues and there was murdered himselfe And unto his Brothers who came of his mother Arlet the Whore who after William the Bastard was borne was married to Harlain a Norman a Gentleman but of mean substance Odo and Robert he gave the Earldome of Ewe and Mortaigne Speed 417. Daniel 32. And afterwards Odo Earle of Kent and after that in his absence Vice-Roy of England And how this Beggar now set on Horse-back governed this poore distressed kingdome let the Conquerors own speech declare recorded by Speed fol. 431. At the time when William came out of Normandy found his brother Odo a Bishop as well as an Earle at the Isle of Wight with divers Noble men and Knights his attendants then going to Rome with an expectation there to be Pope being grown extraordinary rich with his polling of this poore Kingdome Vpon which the King in presence of his Nobles thus spake Excellent Peeres I beseech you hearken to my words and give me your counsell At my sailing into Normandy I lest England to the government of ODO MY BROTHER who a little further in his speech hee saith hath greatly oppressed England spoyling the Churches of land and rents hath made them naked of Ornaments given by our predecessors and hath seduced my Knights with purpose to train them over the Alps who ought to defend the land against the Nations of Scots Danes Irish and other enemies over-strong for me And a little below that my brother saith he to whom I committed the whole kingdom violently plucketh away their goods cruelly grindeth the poore and with a vain hope stealeth away my Knights from me and by oppression hath exasperated the whole land with unjust taxations Consider therefore most NOBLE LORDS and give mee I pray you your advice what is herein to be done And in conclusion the King adjudged him to prison yet not as a Bishop who then it seemes had large exemptions but as an Earl subject to the lawes and censure of his King Which accordingly saith Speed was done upon seizure of estate this Prelate was whose found so well lined in purse that his ●eaps of yellow mettle did moveadmiration to the beholders So that here you have the true story of the subversion of the ancient manner of Parliaments the ancient Lawes and Liberties of Government of this Kingdome and a Law innovated and introduced flowing meerly frō the will of a Bastard Thief Robber tirant You have here also a true Declaration of the original rise of the pretended legislative power of Earles Lords and Barons the Peers Competitors and trusty and wel-beloved Cousins and Hereditary Counsellors of our Kings which was meerly and only from the wills and pleasures of this cruell and bloudy Tyrant and his Successors And no better claime have our present house of Peers either for their legislative power or judicative power then this as is cleerly manifest by their own fore-mentioned Declaration cited pag. 45. and therefore say I are no legall Judicature at all nor have no true legislative or law-making power at all in them having never in the least derived it from the people the true legislaters and fountain of power from whom only and alone must be fetched all derivative power that either will or can be esteemed just And therfore the Lords challenging all the power they have by their bloud and deriving it from no other fountain but the Kings Letters-Pattents flowing meerly from his will pleasure I groundedly conclude they have thereby no judicative power no nor legislative power at all in them for the King cannot give more to them then he himself hath and he hath neither of these powers viz. a