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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	act_n	law_n	parliament_n	2,185	5	6.6353	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88212	The legall fundamentall liberties of the people of England revived, asserted, and vindicated. Or, an epistle written the eighth day of June 1649, by Lieut. Colonel John Lilburn (arbitrary and aristocratical prisoner in the Tower of London) to Mr. William Lenthall Speaker to the remainder of those few knights, citizens, and burgesses that Col. Thomas Pride at his late purge thought convenient to leave sitting at Westminster ... who ... pretendedly stile themselves ... the Parliament of England, intrusted and authorised by the consent of all the people thereof, whose representatives by election ... they are; although they are never able to produce one bit of a law, or any piece of a commission to prove, that all the people of England, ... authorised Thomas Pride, ... to chuse them a Parliament, as indeed he hath de facto done by this pretended mock-Parliament: and therefore it cannot properly be called the nations or peoples Parliament, but Col. Pride's and his associates, whose really it is; who, although they have beheaded the King for a tyrant, yet walk in his oppressingest steps, if not worse and higher.	Lilburne, John, 1614?-1657.; Lenthall, William, 1591-1662.	1649 (1649)	Wing L2131; Thomason E560_14; ESTC P1297; ESTC R204531	104,077	84

and the ● part Cooks Reports in Dr. Bo●hams case See the Army Book Declarat pag. 35. ●9 61. 63. 143. First therefore let us begin with Common Right and we shall easily see this perpetuall Act is against that For it is against common Right that indebted men as most if not all Parliament men ar● should not pay their debts Or that if any Member of ●●●liament do any of the People of England w●ong as daily they do by unjust and 〈◊〉 r●●●ble 〈◊〉 of him o● them of hi● la●d or disp●ssessing him of his goods 〈…〉 of his fame or doing violence to his person by beating wounding or imprisoning c. that 〈◊〉 sons during their lives by a priviledge of Parliament that was intentionally 〈◊〉 and just in its institution when Parliaments were often and short should be 〈◊〉 and s●●●red from all manner of question at the Law by any parties so wronged by them is absolutely against common Right Nay and more That this should extend 〈◊〉 ●●ltitudes of persons besides that are their servants or attendants and also that any o● all of these shall have the benefit of the Law in any Court of Justice in England at their pleasure against any man whom they shall pretend wrongs them are such trans●●de●● and grievous enormities that common Right abhors and yet this with a thousand 〈◊〉 as much more as bad as these are the fruits of a perpetuall Parliament if they please which tends to the utter destruction of all mens Actions reall personall or mixt who have ●o do with Parliament men as appears expresly by the Statute of Limitations of the a● of James chap. 16. which strictly confines all manner of Suits to be commenced within 〈…〉 after the occasion given Secondly For common Reason Parliaments were ordained and instituted as is before truly and legally declared for remedies to redresse publick and capitall griev●●ces th●● 〈◊〉 where else could be redressed but it is against reason and the very end of the Institution of Parliament that Parliaments should make and create multitudes of publike and insufferable grievances The law of the Land allowes no protection for any ma● i●ployed in the service of the Kingdom but for a yeer at most as to be free from Sui●s and in many Suits none at all howbeit he be in such services But a perpetuall 〈◊〉 may prove a protection in all manner of wickednesse and misdea●●eanours 〈◊〉 against other men not of the Parliament amongst any of whom they may pi●k and chuse whom they please to ruinate and destroy and that no● for a yeer but for ever which is against all manner of Reason or the shadow or likenesse of it And therefore a● 〈◊〉 Sir Henry Vane said against Episcopal Government in the beginning of his larg● 〈◊〉 of the 11 of June 1641 now in print at a Committee for passing the Bill against ●●●●pall Government so say I of an everlasting or of any Parliament that shall do 〈◊〉 you have done in largely sitting beyond the time of your Commission c. That 〈…〉 thing is destructive to the very end for which it should be and was constituted to be 〈…〉 onely so but does the quite contrary as your House in every particular doth cer●ai●ly we have cause sufficient enough to lay it aside and not onely as uselesse in that it 〈…〉 its end But is dangerous in that it destroyes and contradicts its end Thirdly For Imp●ssibilitie The death of th● King in law undisputably dissolves the Parliament spoken of in the foresaid act which is pretended to be perpetu●ll for 〈◊〉 Writ of Summons that is directed to the Sheriffs by vertue of which Parli●●●●● 〈◊〉 are chosen runs in these words King Charles being to have conference and 〈…〉 c upon such a day about or concerning as the words of the T●ie●●●ial Act hath it the high and urgent affairs concerning his Majestie and he writes US the State and the 〈◊〉 of the Kingdom and Church of England But I would fain know how it's possibl● for a Parliament to confer or treat with King CHARLES now he is dead it 's impossible Se● 2 H. 5. Cook in Parl. 3. part And therefore the whole current of the Law of England yea Reason it self from the beginning to the end is expresly That the Kings death doth ipso facto dissolve this Parliament though it had been all the time before 〈◊〉 so intire and unquestionable to that very hour and it must needs be so he being in Law yea and by the authority of this very Parliament st●led the head the begi●●ing and end of Parli●ments See Co●ks 4 part Institutes fol. 1. 3. Mr. Py●●'s for 〈…〉 Stra●●ord pag. 8. S. John's forementioned argument against Strafford pag. 42. And therefore as a Parliament in l●w 〈◊〉 begin without the 〈…〉 in it 〈◊〉 person 〈◊〉 representatives Cook ibid. so 6. so it is pos●●ively 〈◊〉 by his 〈◊〉 〈◊〉 thereby not only the true declared but intended end of their assembling which 〈◊〉 〈◊〉 〈◊〉 and confer with King CHARLES is ceased and thereby a final ●nd is put 〈◊〉 the means that are appointed to attain unto that end And therefore it is as 〈◊〉 for this Parliament or any Parliament to continue as long as they please a● for a Parliament to make King Charles alive again Fourthly For Repugnancy That which is but for a time cannot be affirmed to have continuance for ever it is repugnant but this Parliament in the intention of the makers of the Act was to be but for a time not above a yeer at most after the d●●e of the Act as is before proved and declared from their own words And therefore it cannot be reputed perpetual for there is a repugnancy betwixt them Again The King's Writ that summoned this Parliament is the Basis in law an● Foundation of this Parliament If the Foundation be destroyed the Parliament falls But the Foundation of it in every circumstance thereof is destroyed And therefore the thing built upon that Foundation must needs fall It is both a Maxim● in Law and Reason But if it be objected The Law of Necessity requires the continuance of the Parliament against the letter of the Law I answer First It s necessrry to consider whether the men that would have it continue as long as they please be not those that have created the necessities on purpose that by the colour thereof they may make themselves great and potent and if so then that Objection hath no weight nor by any rules of Justice can they be allowed to gain this advantage by their own fault as to make that a ground of their justification which is a great part of their offence And that it is true in it self is so obviou● to every unbiased knowing eye it needs no illustration but if it shall be denyed by any of their pens if God please to give further opportunity I shall prove it to the full Secondly I answer There can no necessity be pretended that can be

ordinary way and meerly wants nothing if it do want but twelve Kings as his Peer● or Equals will nourish and increase in men that erroneous conce●● That Mag●●●rates by the Law of God Nature and Reason are not no nor ought not to be subject to the penal part of the Laws of men as well as the directive part of it which is the bane ruine and destruction of all the Common-wealths in the world I say the confideration of the things fore-mentioned put me off the thought● of going to Holland my self and then I put the query to my self What course I should being now a free man take for my livelihood for if I and my family lived upon the main stock which was not very much now that I had paid almost all my debts that would soon waste and be gone and to take a place for my future livelihood as I have been offered often and that ●● considerable one that I could not do for these reasons First because I was not satisfied in the present power or Authority to act under them and so if I should I should be a supporter of so unj●st and illegal a fabrick as I judged an everlasting Parliament p●rged twice by force of Arms by the hands of their meer mercenary servants to be who were principally raised bired and paid to kil those they esteemed and judged Bears Wolves 〈◊〉 and P●●kass that took up Arms against the true chast and legally co●●●●tu●ed Representative of the Nation being not in the least bir●● or raised to be the Masters of their Masters or the Lawgivers to the legal Law ●●kers of the Nation in case of necessity And that an everlasting Parliamnet is dostructive to the very life and soul of the Liberties of this Nation I 〈◊〉 prove first by Law and secondly by Reason And first by Law The Law Books do shew That a Parliament which in its own institution is excellent good physick but never was intended no● safely can be used for diet because it is so unlimited and arbitrary was called and held somtimes twice a yeer before the Conquest as is declared by Lambert in his Collection of Laws before the Conquest amongst the Laws of Edgar chap. ● and by Sir Edward Cook in his margent in the ninth page of his par 4. Inst●● in the Cha●t of High Court of Parliament which with other of the Liberties of England being by force of arms subdued by the Bastard Norman Conquetor although he three severall times took his oath after his being owned for King to maintain their Laws and Liberties as being not able nor judging his Conquest so good just and secure a Plea to hold his new got Crown by as an after mutuall compact with the people or their Representatives over whom he was to rule and therefore as Co●k in the foresaid Chapt. pag. 12. declares a Parliament o● a kinde of one was held in his time See also 21 Edw. 3 fol 60. and 1 part Institut lib. 2. chap. 10. Sect. 164. fol. 110. a. and came to be more frequently used in his Successors time yea even to be 〈◊〉 in two years in Edward the First or Second's time at which notwithstanding the people grumbled as being an abridgment of their ancient and undoubted Libertie to meet more frequently in their National and publick assemblies to treat and conclude of things for their weal and better being the want of which of ancient time lost this Island to the Romans as Co●k declares 4 part 〈◊〉 fol. 9. out of Ta●itus in the Life of Agricola pag. 306. whereupon it was ●nacted in full Parliament in Edw. the Thirds time That the King who is their Officer of trust should assemble and call them together once every yeer or more often if need require as appears by the Statute of 4 Edw. 3. 14. But because this was not constantly used by that King but there sometimes was intervals of three or four yeers betwixt Parliament and Parliament which was a diminution of the soul and life of all their Liberties viz frequent and often 〈◊〉 Parliaments therefore in the 36 yeer of his Reign annuall Parliaments are provided for again and also the causes of their assembling declared in these very words Item For maintenance of the said Articles and Statutes and redresse of divers mischiefs and grievances which daily happen a Parliament shall be holden every yeer as another time was ordained by a Statute of 4. Edw. 3. chap. 14. But King Charles exceedingly breaking his trust in the frequent calling of Parliaments and dissolving them at his pleasure when they came to treat of any thing that he liked not and so made them uselesse to the Nation both which was against his trust as you notably declare in your Declaration of Novemb. 2. 1642. 1 part Book Decl. pag. 701 702. And of which you most bitterly complain in your first Remonstrance 1 part Book Decl. pag. 5. 6. 11. and in pag. 10. 11 ibidem you declare That his destroying of these two grand Fr●●d●ms of the People viz. Frequent successive Parliaments and free D●●a●es therein bad corrupted and distempered the whole frame and Government of the King●●● and brought in nothing but wayes of destruction and Tyranny For the preventing of which for the future you got an Act to passe in the s●xte●●th yeer of the late King and the first yeer of this long-winded Parliament to 〈…〉 of the two forementioned Acts for an annuall Parliament And further there say thus And whereas it is by experience found that the not holding of Parliaments according to the two forementioned Acts hath produced sundry and great mischiefs and inconveniences to the Kings Majesty the Church and Common-wealth For the prevention of the like mischiefs and inconveniences in time to come Be it enacted by the Kings most excellent Majesty with the consent of the Lords Spirituall and Temporall and the Commons in this present Parliament assembled That the said LAST FOREMENTIONED Laws and Statutes be from henceforth duely kept and observed And you there go on and enact that in case the King perform not this part of his trust in calling annuall Parliaments that then a Trienniall one shall be CALLED BY THE LORD KEEPER c. whether the King will or no. And there being no provision in this Act but that the King might break up this Parliament at his pleasure as before he used to do and so dis-inable you to discharge your trust and duty to the people in providing fit remedies for those many grievances then extraordinarily spread over the whole Nation that the long intermission of Parliaments had occasioned you therefore presse the King to grant an Act that the two Houses might not be dissolved but by your own consents which the King condescended unto the rather because the Scotch Army was then in the Kingdom which he longed to be rid of and which you pretended you could not pay without such an Act these being the true declared and intended

I am acquitted thereby my Lords by the Law of England from any more question about that 〈◊〉 although it should be granted I was never so guilty of it Unto which they replyed to my remembrance in these words A pox on you for a cunning subtill Rogue are you so cunning in the Law that we cannot lay hold of you here but yet for all your parts we will have you to the gallows for leavying Warr upon the traiterous commands of the Parliament against the King● And here ●aid they wee are sure the ●aw will reach you Whereupon I was immediately a●ter laid in●●●tons and brought to the Bar before the Lord Chief Justice Heath Sir Thomas Gard●ed Recorder of London c. and by Indictm●●t a●●o●ding to the rules of the Common Law a●r●igned for a traytor for levying War in Oxf●●dsh●●e against the King But my Plea to the businesse of W●stminst●r and the P●enti●●● was admitted for good law That being once judiciall●●●ed and acqui●ted I could no more be troubled therefore neith●r indeed was ● But according to the punct●li●es of the Law they gave me all the lair play in the world that the Law would allow me s●ffering me to say for my self at the Bar what I pleased releasing me of my close imprisonment and i●ons and allowed me pen ink and paper which the Jaylor kept from me upon my pleading before the Judge such usages being altogether contrary to law and that no such usage ought to be exercised in the least upon any prisoner whatsoever that w●● 〈◊〉 bea●●ly rude in his imp●●lonment and that no supposed ●raitore● 〈◊〉 by law could be put to any pa●● or torm●nt before co●riction And truly Colonel Te●●le I shou●d be very sorry and blush for shame 〈◊〉 considering my ●●rong zeal in the Parliaments cause to see the day that the Parliament of England a● least th●se that so stile themselves that hath pretended so much righ●●●●ness and justice should be no more just to the Covaliers against whom they have fought for injustice and and oppression in denying them the benefit of the Law ●h●n they are in their power and mercy then the Kings Jadges were to me and other of your prisone●● when their lives were in their power and mercy in the hight of War and of their 〈◊〉 prosperity and yet granted us the benefit of Law in all things we claimed it in as Capt. Vivers of B●n●ury arraigned with me can witnesse as well as my self Now Sir to make application the Parliament not long since when in its po●e● it was more a●un●●ntly unquestionable then now it is after its new force cond●●●●ed CAPEL HAMBLETON HOLLAND c. to banishment for the very 〈◊〉 now to their charge an● th●refore in Justice and Law cannot a second time cause them to be adjudged to die for the ve●y same things It s nothing to me nor to the King●om for you to say that when that J●dgment pass'd they had so many friends sitting in the House as over-voted the honest Common-wealth's-men to the pr●judice thereof for the maj●r part is Parliament or else th●re ●s no parliament Therefo●e Sir I reason thus E●ther that wherein that Judgment pass'd was a parliament or no Parliament ●if a Parliament then their judgment ●s to themselves especially was binding and the benefit of it they ought not to deny to them whose live● are cons●rved in it 〈◊〉 it were unjust in it self ●● to the Nation But if you or any other man shall say it was no Parliament as having forfeited their trust in treating with the King again and so their Judg●●nt not valid then with much more confidence say I this that now fits is no Parliament and so by consequence the High Court of Justice no Court of Justice at all and if for then to execute them upon their Judgment is absolute Murder But I would fain see that honest and valiant man in your House that du●st pretest against them for no Parliament But Sir besides this mark the consequence of it to all we Parliamenteers that have acte● under you and by vertue of your commands by these Proceedings First You have sold the Bishops Lands and given them th●● bought them as they suppose good security for their quiet enjoyment of their P●rchas●s I but within a little wh●le after part of the very same Parliament alters their mindes and being becom●th ma●or part by forcible Purgations illegall new Recruits or by any other ●ricks ●●●●vi●es and they vote all those barg●ins are unjust and the Purchasers ought to lose both ●e●r Land and M●n●y where is then that stable security of Parliaments And yet such doings would be as just as your present dealings with CAPEL c. whose preceden● 〈◊〉 a precedent for that and much more of the same nature B●t secondly The sam● Parliament that condemded Capel c. to B●nishment pass'd mul●itudes of Compositions with severall Cav●lier● as guilty of T●eason in the 〈…〉 of it ●s they And by the same rule●o● now cond●●n CAPEL 〈◊〉 after you have judged them to banishment you ●●y adjudge all the compounding C●v●●eers to ●●●ange● after you have adjudged them to composition and so put the Kingdom by 〈…〉 people desperate in an everlasting flame that never will have end bec●●se 〈◊〉 is ●o certainty in any of your proceedings but are ●s changeable as the wind th●● 〈◊〉 〈◊〉 Thirdly and most principally it is a common maxim● in Law and Reason both and so declared by your selves 1 part Book Declarat page 281. That those that shall guide thems●lves by the judgment of Parliament ough● what-ever happen to be secure and free from all account and penalties B●t divers honest men as you now judge them ●ave acted and gu●ded themselves by the judgment of Parliament as they account y●u in taking away the King's life and y●t by your dealings with CAPEL c. they are liable to be hanged as ●rayt ●s 〈…〉 a major part of your very House by force or other 〈…〉 shall vote that act 〈◊〉 and all the Actors therein Traitors So that Sir if I have any judg●●n● in ●●e by his very single act towards them you shake the v●ry to●ndation of the validity of all the Parliam●nts Decrees and Judgments at once and m●ke 〈◊〉 all the Se●uri●y and ●ndemnity that those in ●q●●ty ought to enjoy that have acted by you commands a●d guided themselves by the judgment o● Parliament By mea●● of which you will finde in time you have demolished your own Bulwarks an destroyed your own Fences And for time to come for my part I shall be a tho●sand times more wary how I obey all your Commands then ever I was in my life se●ing yo● are so fickle and unstable that no man knows rationally where to find you or fixedly to what to hold you But if you shall object as some do That that judgment of B●nishment was onely in ●●ference to the peace with the King and that being broke yo● are absolved

King which we fully understood they were absolutely resolved to do yea as they told us though they did Mutiall Law and also totally to ●oot up the Parliament and invite so many Members to come to them as would joyn with them to manage businesses till a new and equall Representative could by an Agreement be setled which the chiefest of them protested before God was the ultimate and chiefest of their 〈◊〉 and desires I say we press'd hard for security before they 〈…〉 these things in the least lest when they were done we should he solely left to their wills and swords by which we told them they might rule over us 〈…〉 Laws as a 〈◊〉 people and so deal with us as 〈◊〉 slavish peasants ●● France and deale with who enjoy nothing that they in call their 〈…〉 All besides we plainly valid we would not trust their bare 〈…〉 rall onely for they had broke their promise once already both with 〈…〉 the Kingdom and he that would break once would make no conscience of breaking twice if it served for his ends and therefore they must come to some absolute particular compact with us or else some of us told him we would post away to London and stir up our Interest against them yea and spend our blouds to oppose them To which he replyed to this effect he was true in what we said for he must ingenuously confesse they had ones 〈◊〉 with us and the Kingdom and therefore acknowledged it was dangerous ●●●sting them upon Generals again Bursaith he we cannot slay so long from going to 〈◊〉 with the Army as to perfect an Agreement and without our speedy going we 〈◊〉 unavoydably destroyed For saith he we fully understand that the Treaty 〈…〉 the King and Parliament is almost concluded upon at the conclusion of which ●● shall be commanded by King and Parliament to disband the which if we 〈…〉 unavoydably destroyed for what we have done already and if we do not 〈…〉 will by Act of Parliament proclaim us Traytors and declare in to be the onely 〈…〉 of setling peace in the Nation and then saith he we shall never be 〈…〉 with both the Interest of King and Parliament so that you will be destroyed it well as we sor we certainly understand that Major Generall Brown c. 〈…〉 hand preparing an Army against us And therefore I professe I confesse 〈◊〉 not well what to say to your Reasons they are so strong but our Necessities 〈…〉 that we must speedily go or perish and to go without giving you some content is ●●●●●able too Well Sir said we we have as much cause to distrust the Parliament 〈◊〉 as we have to distrust you for we know what and how many large 〈◊〉 they have made to the Kingdom and how little they have performdely 〈…〉 we also know what a temptation Honour Power and profit are even to this spirits that were pretty ingenuous and honest before and when you have done your work and got as you pretend forty or fifty of the honestest Members of the House to you alas said we it will be a mock Power yet they may finde such sweetnesse and delight in their pretended power that they may sly to your swords for their protection and bid us go shake our 〈…〉 our Agreement and go look it where we can catch it And therefore we will trust generals no more to your forty or fifty Members of Parliament then to you for it 's possible if we leave the Agreement to their 〈◊〉 they may frame us such a one as will do us no good but rather make 〈…〉 by our own consents if signed by us and therefore we pres●'d him that we might agree upon a finall and absolute Judge of the matter and 〈…〉 the Agreement that so we might not spend months and yeers in dispute about it And therefore we would propound this unto him That if 〈◊〉 ●●nest friends in the Parliament as they called them would-●●use 〈…〉 amongst themselves and the Army four from amongst themselves and ●● Independents four from amongst themselves we that were 〈…〉 L●vellers would chuse four from among ourselves and 〈…〉 dra●●p the Agreement finally without any more appeal to any 〈…〉 for our parts so far as all our Interest in England extended 〈…〉 willing to acquiesce in and submit to the determinations of them 16 or the major part of them And we would be willing the Presbyterian party should be●●vi●ed and desired to chuse four more to be of equall authority with the other sixteen Provided they did it by the first day we should appoint to meet upon Which P●oposition he approved of extraordinary well and said It was ●● just as rationall and as equitable as possibly could be and said He doubted not but all Interests would center in it and ingaged to acquaint them with it and so we parted very glad that we were likely to come to some fixed agreement for the future enjoyment of our dear bought and hard purchased Fr●edoms And the next morning we went to the Gentlemen Independents that lay the next door to us who were almost ready to horse for London and we acquainted them with it who liked it very well and with whom we fixed a night for severall distinct meetings in London to chuse our retpective trustees for this work and also appointed a day to meet at Winsor again about it and from them we went to Master Holland who then was the chief stickler for those they called honest men in the House of Commons and as I remember we ●et Colonel Harison Master Holland and Captaine Smith a Member and his Son in Law in the Street and Master Holland seemed exceedingly to rejoyce at the Proposition Colonel Harison having told him of it before which we repeated over distinctly to him that so in conclusion we might not be gulled through pretence of mistakes or misunderstandings which we were continually a●●aid we should meet with so we went all together to Commissary Generall Ir●●ons chamber to have his concurrence which of all sides was taken for the concurrence of the whole Army or at least for the powerfull and gove●ning part of it he being in a manner both their eyes and ears so when we came to his Chamber in the Castle he was in Bed with his Wife but sent us out word by Colonel Harison as he averred to us that he did absolutely and he●●tily agree to the foresaid Proposition which to avoid mistakes was again repeated so we seemed joyfull men of all sides and apointed a day speedily to meet at Winsor about it Master Holland againe and againe engaging for four Parlsament men and Colonel Harison with Commissary Ireton for four of the Army as we Londoners had done for each of our tribe and so to horse we went and I overtook upon the road the whole gang of Independants with whom I discoursed again and acquainted them all fully with the absolutenes of our agreement which they acquainted their friends

causes of it both in King and Parliament There being not one word in the Act that authoriseth the two Houses to be a constant and perpetuall Parliament which was never so much as intended nor pretended and which if in the Act it had been absolutely declared it had been a void and a null Act in it self as being both against the nature of the Kings trust and Yours which as in your Book of Decl. part 1. pag. 150. you declare is to provide for the peoples weal but not for their woe for their better being but not for their worse being For your Interest and the Kings both being Interests of Trust as your Declarations do plentifully and plainly declare 1 part Book Decl. pag. 206. 266. 267. 382. but especially your present Junto's late Declaration against the late beheaded King and Kingly Government of the 17 of March 1648. pag. 2. 11 13. 15. 16. compared with 24. 25. 27. And all Interests of trust whatsoever are for the use of others and cannot nor ought not to be imployed to their own particular nor to any other use saving that onely for which they are intended according to the condition and true intent thereof 1 part Book Dec. pag. 266. 267. 700. And your trust is onely for the good of the Nation which is the principall or onely end of all Government in the Nation as you confesse in your foresaid Declaration of March 17 pag. 6. and in 2 part Book Decl. pag. 95. 879. And therefore if you had put the King upon such an Act as the establishing of a perpetuall Parliament you had thereby destroyed frequent successive and annually chosen Parliaments for which you had been T●aytors in the highest nature to your trust in destroying the very PILLARS LIFE MARROW and SOUL OF ALL THE PEOPLES LIBERTIES for the presentation of which they chose you and which would shortly bring in as is too evident ●● this day greater disorders confusions and tyrannies then ever were in all the Kings Reign before and so wholly and fully make your selves guilty of that which he was but in part viz. the establishing of a perfect Tyranny by Law an everlasting Parliament being ten thousand times worse then no Parliament at all for no such slavery under the cope of heaven as that which is brought upon the people by pretence of Law and their own vol●●tary 〈◊〉 and no greater Treason can there be in the world committed then for ●● i●teressed Power to keep their Commission longer then by the letter equitie or intention of their Commissions their Masters really intended they should especially when it is kept by force of Arms to the Masters hurt and the danger of his total destruction for the meer advancement of their servants and their Associates all which is the case of your pretended Parliament whereof you are now Speaker and that you were never intended to sit so long as you have done nor to be everlasting I shall here recite the Act it self ●●●batim the onely and alone pretence of a Commission you have and then take it in pieces by paraphrasing upon it The Act it self thus followeth Anno XVII CAROLI Regis An ACT to prevent inconveniences which may happen by the untimely Adjourning Proroguing or Dissolving of this present PARLIAMENT WHereas great Summs of money must of necessity be speedily advanced and provided for the relief of his Majestie 's Army and people in the Northern parts of this Realm and for the preventing the imminent danger this Kingdom is in and for supply of other his Majesties present and urgent occasions which cannot be so timely effected as is requisite without credit for raising the said moneys which credit cannot be obtained until such obstacles be first removed as are occasioned by fears jealousies and apprehensions of divers of his Majesties loyall Subjects that this present Parliament may be adjourned prorogued or dissolved BEFORE JUSTICE SHALL BE DULY EXECUTED UPON DELINQUENTS publick Grievances redressed a firm Peace betwixt the two Nations of England and Scotland concluded and before sufficient provision be made for the repayment of the said moneys so to be raised All which the Co●●●●● in this present Parliament assembled having duly considered do therefore humbly beseech your most excellent Majesty that it may be declared and enacted And be it declared and enacted by the King our Soveraig● Lord with the assent of the Lords and Commons in this present Parliament assembled and by the Authority of the same That this present Parliament now assembled shall not be dissolved unlesse it be by Act of Parliament to be passed for that purpose nor shall be at any time or times during the continuance thereof pr●rogued or adjourned unlesse it be by Act of Parliament to be likewise passed for that purpose And that the House of Peers shall not at any time or times during this present Parliament be adjourned unlesse it be by themselves or by their own Order And in like manner That the House of Commons shall not at any time or times during this present Parliament be adjourned unlesse it be by themselves or by their own Order and that all and every thing or things whatsoever done or to be done for the adjournment proroguing or dissolving of this present Parliament contrary to this present Act shall be utterly void and of none effect The true intent and meaning of this Act in the Framers Makers and Contrivers of it was meerly to secure their sitting for some reasonable time that so they might be able to apply fit plasters to the great sores of the Nation and not be broken up suddenly before they had applyed them to the so●es and laid them on and their fear was the King would as he used to do dissolve them suddenly security from which was their onely end in procuring this Act and not in the least to make this a perpe●uall Parliament which I demonstrate thus First A perpetual Parliament is repugn●nt to the Act made this Parliament for a Triennial Parliament which in your Declarations is so highly extolled after the making of both the Acts for how can every three yeers a Parliament be begun if this be perpetuall which by the Act may be so if the two Houses please But in all the Act there is not one word of the an●i●ilating or repealing of the Act for a T●ienn●all Parliament which if it had been intended it would have mentioned and not left such a businesse of consequence in any doubtfulnesse whatsoever and the not mentioning of it is a cleer declaration to all the Readers of it That their designe solely in the last Act was onely to secure themselves from the Kings sudden and quick dissolving them at his wil and pleasure And therefore Secondly In Law according to the constitution of ou● Parliaments an Adjournment of the Parliament makes no Session howbeit before the Adjournment the King gives his affent to some Bi●s as is plain out of Cook● 4 Instit chap. High Court

severall A●pli●●tions to some of their Judges and some Parliament men for them and particularly with Colonel Temple Governour of the Fort near Graves End and del● with him upon their own Principals as the most probablest to doe the Prisoners good and to save their lives which I confest● I much laboured for and my Discourse with him 〈◊〉 to this ●ffect at the House doore Sir I beseech you let me a●k you one question What 's that saith he It is whether you think you● House intend in good earnest to ●ake away the lives of the Lord Capel c or whether they have only caused them to be condemned in terrorum without all controversie said he they intend to take away their lives and it is but just they should and doe not you believe so No indeed Sir doe I not and ●● you please I will give you some part of my Reasons therefore I pray let me have them Well then Sir said I to say nothing of the Jurisdiction of the Court by which they were tryed which is very questionable to me no● of the power of a Parliament to erect such a one nor yet of the questionablenesse of the legality of your single House nor of the clearnesse of the letter of th● Law o● their sides which now the King being g●ne might put you o●● of feare of the future power of these men and make you now 〈◊〉 at your mercy and you out of fear of present hurt by them seriousl● to we●g● the Qua●●ell betwix● you and the● in an equall and just balance which if you do I am sure you will 〈◊〉 it very disp●●eable in Law and something in Reason too considering many of you● late actions especially if you consider you● ever avowedly nor throughly stated your Cause but begun it upon Commissions for King and Parliament force ●● people to take the Oath of Allegiance and Supremacy Protestation and two Covenants ●● all which you force the people to swear to maintain the Kings Person Crown and Greatnesse and this 〈◊〉 the Wars begun letting all Writs and Processe of Law 〈◊〉 in his Name and thereby your selves m●ke him as it were Alpha and Omega to the p●ople yea and in severall of your Declarations fince the quarrell you call him the fountain of Honour and averr he can do no wrong See 1 part Book Decl. pag. 199. 304. All which doings of yours are enough to make men si●● with the King especially those that have great Estates if it be for nothing but safetie's s●ke alone But I will la● all these aside and argue with you more closely upon principles that you cannot dispute against 1. And therefore in the first place The Law of England p●●lished by your selves saith expresl● No man of England in things concerning lif● shall be judged tw●●● for one fact but if once judiciall● tryed and acquitted he never more by Law can be questioned again for that crime though indeed and in truth he be never so guilty of it and though it be never so criminous in it self otherwise there would never be end nor safety And for the proof thereof I then ●ired ● YERS Case at the Sessions of the Peace holden at Norwich in the 32 yeer of Q●een Elizabeth and the Judge● opinions thereupon which is notably recorded in Cooks 3 put Institutes chap. 104. of falsifying of Attainders fol. 230. And my own Case at Oxford which was to this effect Being at the Fight at Brainford which was upon the 12 of Novemb. 1642 taken prisoner in Arms against the King and his party I was carried captive to Oxford Castle where not long after my arrivall the Lord Dunsmore the Lord Matrevers the Lord Newark and the Lord A●d●ver came to the Castle to me from the King as they said and proffered me from himself great matters so I would crave his ●●don for the treason I had committed against him in being in arms against him and fo●sake the traiterous Parliament and return to my obedience as they called it to the King but being then as able in my own thoughts as any private man in England to argue the equi●● and Justice of the Parliaments Cause I was then knowingly ingaged in by the hopes of the performance of their many gallant promises to make people of England free and happy their then only declared a●m and end ●nd in whose quarrell I would then have laid down a thousand lives if I had had them and for the greatest part of an hour together by din● of Argument grounded upon Law and Reason sc●●ning and 〈◊〉 all 〈…〉 of Honour Riches and Greatnesse I ●eld them in play so ho●ly that they ●●ll 〈…〉 with me and gave up their disputing bu●●lers t●●eatning to hang me 〈◊〉 for a grand Traitor without any more adoe At which I laughed and desired their 〈◊〉 to tell me which way they would go to work to take away my life now they had given me quarter Well say they We have two strings to our bow And in the first place we will arraigne you for a Traytor for being the chief or Generall of the Preuti●●t that c●●e d●●● to Westminster and White Hall and forced the House of P●ers and drove away the King from his Parliament and so begun the Warrs Unto which I replyed Al●sse my Lords you will be far mistaken there And I cannot but wonder that your Lordships should so undervalue your own Honours and Reputations as so much as once now to mention this Why Sirrah said one of them Why my Lord Because your Lordships may remember that the 3 of May 1641. the King caused Warrants to issue out to apprehend me as a Traytor for this very thing and others depending upon it and as a traytor I was apprehended by his Messengers one of which that night kept me prisoner as a Traitor and the next morning I being 4 of May 1641 as a Traytor I was brought by him to White Hall where a● I remember old Sir Henry Vane and Mr. Nicholas were appointed by the King himself to carry my Impeachment to the House of Peers at whose B●r I that day appeared not then understanding their Jurisdiction and was there that day in your way arraigned for my life and one Littleton the Lord Keepers Kinsman swore most bi●terly against me but upon further examination of witnesses and hearing with patie●●● my own Defence for my self I was by your who●e House who look●d upon them●elves as the highest Judicatory in England honourably and nobly 〈◊〉 a● 〈◊〉 ●●nocent and f●●e of the Kings accusation of which my Lords said I then let me plainly tell y●u if I were guilty you were a company of ●●righteous and unjust Judges for freeing me from that Accusation but my Lords being judicially tryed therefore and acquitted by your selves who if my memory fail me not I ●aw all at that Tryall and by your whole House then extraordinary 〈◊〉 as ever I saw i● who judge your selves the highest Judicature in England