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A88180 England's birth-right justified against all arbitrary usurpation, whether regall or parliamentary, or under what vizor soever. With divers queries, observations and grievances of the people, declaring this Parliaments present proceedings to be directly contrary to those fundamentall principles, whereby their actions at first were justifyable against the King, in their present illegall dealings with those that have been their best friends, advancers and preservers: and in other things of high concernment to the freedom of all the free-born people of England; by a well-wisher to the just cause for which Lieutenant Col. John Lilburne is unjustly in-prisoned in New-gate. Lilburne, John, 1614?-1657. 1645 (1645) Wing L2102; Thomason E304_17; ESTC R200315 41,349 51

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County-Committees and other Magistrates in this Kingdom would compound with all those honest and Free-men that they have at their own Wills unjustly committed to Prison contrary to the true meaning of this Law before by the sentence of the Law they be forced to pay 500 l. to every man they have so unjustly Imprisoned From the equity and letter of which Lawes It is desired that our learned Lawyers would Answer these insuing QUERIES 1. Whether the Letter and equity of this Law doe not binde the very Parliament themselves during the time of their sitting in the like cases here expressed to the same Rules here laid downe Which if it should be denied Then 2. Whether the Parliament it self when it is sitting be not bound to the observation of the Letter and equity of this Law when they have to doe with Free-men that in all their actions and expressions have declared faithfulnesse to the Common-wealth And if this be denied Then 3. Whether ever God made any man law-lesse Or whether ever the Common-wealth when they choose the Parliament gave them a lawlesse unlimmitted Power and at their pleasure to walke contrary to their own Laws and Ordinances before they have repealed them 4. Whether it be according to Law Justice or Equity for the Parliament to Imprison or punish a man for d●ing what they command him and by Oath injoyne him 5. Whether it be legall just or equall that when Free-men doe endeavour according to their duty Oath and Protestation to give in Information to the Parliament of Treason acted and done by Sir John Lenthall against the State and Kingdome and long since communicated to several Members of the House of Common● but by them concealed and smothered and now by Gods Providence brought upon the stage againe and during the time that Inquisition is made of it before the Committee of Examination before any legall charge be fixed upon Sir John Lenthall or be required to make any Answer or Defence that he shall be present to out-face discourage and abuse the Informers and Witnesses in the face of the Committee without any check or controll from them And sometimes while they are sitting about the Examination of his Treason that he shall sit down beside them with his hat on as if he were one of them and that he shall injoy from the Committee ten times more favour and respect then the just honest and legall Informers against him who by some of the Committees themselves while they are sitting are threatned jeared nick-named and otherwayes most shamefully abused Yea and the friends of the Informers for the State are kept without doores and the friends of the accused admitted to come in alwayes without controll and during the Examination of the Information that the Committee shall refuse to remove the Informers out of Sir John Lenthalls custody of Kings-bench to another Prison although they have been truly informed that he hath set Instruments on work to murther them and also importuned to remove them 6. Whether it be nor most agreeable to Law Justice and Equity that seeing Sir John Lenthall having so many friends in the House concerned in the businese that he should not rather be tried by the same Councell of Warre in London where Sir John Hotham and his Sonne were then at the Parliament his principall crime being against the Law Marshall as theirs was 7. Whether to answer to an Indictment when a man is demanded Guilty or not Guilty be not a criminall Interrogatory concerning a mans selfe and so a man not by law bound to Answer to it especially seeing to a Consciencious man who dare not lie it is a great snare who if he be indicted of a thing he hath done or spoken dare not plead Not Guilty for feare of lying and if he plead guilty he shall become a self-destroyer contrary to the law of Nature which teacheth a man to preserve but not destroy himself in declaring that which peradventure all his Adversaries would never be able to prove against him And Whether it be not more suitable and agreeable to the true intent of Magna Carta expressed in the 28. Chap. thereof where it is said No Bailiffe from henceforth shall put any man to his open Law nor to an Oath upon his owne bare saying without faithfull Witnesses brought in for the same and to the true intent and meaning of the Petition of Right and the Act made this present Parliament for the abolishing the Star-Chamber c. For a free-man to have a charge laid against him and his Adversaries brought face to face to prove it and then the Accused to have liberty to make the best defence for himself he can which was the practise amongst the very Heathen Romans who had no light but the light of Nature to guide them Act. 25.16 Yea Christ himself when his enemies endeavoured to catch him by Interrogatories he puts them off without an Answer Luke 22.67 68.70 Chap. 23.3 Yea when the High Priest asked him about his Disciples and his Doctrine He answers Hee ever taught openly and therefore saith he Why aske ye mee aske them that heard me for they know what I said John 18.20 21. Hence justly it is conceived that the Parliament may not condemne that man for contemning their Authoritie who refuseth to answer to Interrogatories before them the supreame Court who answereth to Interrogatories in the like case before an inferiour Court but you will say it is the usuall practise of the COMMON-LAW the Question is whether that practise be just or no or whether any Law in practise in the KINGDOME of England doth binde the Free-men thereof but what is made and declared by Common Consent in Parliament and whether or no is there or ought there not to be a plaine platforme agreed on and laid down by the Parliament concerning things of so high consequence to all the Commons of England and seeing the Parliament hath taken care that the Bible shall be in English that so Lay-men as they call them may read it as well as the Clergy ought they not also to be as carefull that all the binding Lawes in England be in English likewise that so every Free-man may reade it as well as Lawyers seeing they have Lives Liberties and Estates as well as the other and peaceably enjoy them no longer then they continue in the observation of the Laws of this Kingdom whereof they are Members and seeing the Lawyers are so full of broyles and contentions and grow so rich and great thereby have not the people cause to beleeve they drive on an Interest of their owne distructrive to the Peoples well-fare yea juggle and put false glosses upon the Law meerly for their own ends Seeing so great a part of it is in an unknown tongue which the Commons call Pedlers-french or Heathen-Greeke even as our State Clergy did in the daies of old before the Scripture was tollerated to be in English in which dayes they could easily make the
poor people beleeve the Poopes unwritten verities were as binding as Scripture Rules which the Lawyers have given the Commons just cause to fear is their present practise with law Cases many of which are besides the Rule of the statute-Statute-law and also against Justice Equity and Conscience tending to no other end but to inslave the People 8. Whether it be not just and equall that seeing Monopolisers were thrown out of the House about Foure yeeres agoe as infringers upon the Common-right of all the free-men of England in setting up Pattents of Soape Salt Lether c. why should not those be partakers of the same justice now that have been chief sticklers in setting up greater Patentees then ever the former were As first the Patent of ingrossing the Preaching of the Word only to such men as weare Black and rough garments to deceive Zech. 13.4 and have had a Cannonicall Ordination from the Bishops and so from the Pope and consequently from the Divell although the Spirit of God doth command every man that hath received a gift to minister the same one to another as good Stewards of the manifold grace of God 1 Pet. 4.10 11. And although ignorance and blindnesse be so universall all over the Kingdome experience teaching that where that most abounds they draw their swords soonest against the Parliament and Common-wealth and so consequently against themselves and continue the longest in their Rebellion as now wee have woefull experience yet these grand Monopolizers will neither goe amongst them themselves nor suffer others without severe punishment to instruct and teach them the Principles of Christianity or Morallity by means of which they become destroyers and murderers of soules and bodies and enemies to the very Civill societies of Mankind The second Monopoly is the Patent of Merchant Adventurers who have ingrossed into their hands the sole trade of all woollen Commodities that are to be sent into the Netherlands the mischievousnesse you may at large read in a late discourse consisting of motives for the inlargement and freedome of trade especially that of Cloath and other wollen manufactures ingrossed at present contrary to the law of Nature the law of Nations and the lawes of this Kingdome by a company of private men who stile themselves Merchant Adventurers the first part of which Discourse the second being not yet come out are to be sold by Stephen Bowsell in Popes-head-alley Wool being the stapell Commoditie of the Kingdome and freee by the lawes and Constitutions of the land for all the Free-men of England to trade in 12. H. 6. 6. and 21. 13. the injoyment of which is so essentiall a Priviledge to all the Commons of England that whosoever gives it from them and by any pretended Patent or Authority whatsoever assumes it to themselves are culpable of the greatest of punishments whatsoever as those that are guilty of Robbing the Free men of England of their birth-right and Inheritance and yet the present Farmers of the Custome House and their Associates are guilty of this capital crime for if Naboath would not part with his Vineyard which was his Inheritance to the King although he would have given him as much money as it was worth or a better for it 1 King 21.2 there is no reason why the free men of England should have so great a part of their Birth-right as this is taken from them by force and violence whether they will or no as their multitude of Petitions to the Parliament yet unanswered doe declare The third Monopoly is that insufferable unjust and tyrannical Monopoly of Printing whereby a great company of the very same Malignant fellows that Canterbury and his Malignant party engaged in their Arbitrary Designes against both the Peoples and Parliaments just Priviledges who turning with every winde doe endeavour by all possible means as well now as then to sell and betray the Kingdome for their own gaine are invested with an Arbitrary unlimmitted Power even by a generall Ordinance of Parliament to print divulge and disperse whatsoever Books Pamphlets and Libells they please though they be full of Lyes and tend to the poysoning of the Kingdom with unjust and Tyrannicall Principles And not only so but most violently even now in Parliament time which should be like a cryed Faire and each one free to make the best use of their Ware both for the bublick and their own private good to suppresse every thing which hath any true Declaration of the just Rights and Liberties of the free-borne people of this Nation and to brand and traduce all such Writers and Writings with the odious termes of Sedition Conspiracie and Treason but to countenance and authorize such as shall calumniate them and so both accept reward such men far better then their most faithfull servants and best advancers just as the Bishops formerly did against both the Scots and the Parliament themselves They doe not rest here neither but are yet further authorized with a generall Ordinance of this very Parliament contrary to all law justice equity and reason under pretence of searching for scandalous Books to call numbers of deboyst men with Smiths and Constables yea and the trained Bands also when they please to assist them and in most bold and tumultuous manner to break open and rifle even the Parliaments owne in all their greatest dangers troubles distresses most faithfull friends Houses Chests Truncks and Drawers and from thence to rob steale and felloniously to carry away such of the Possessors proper goods choice Linnens and best things as they please as well as Books new and old after they have put the owners themselves out of doores and commanded Constables to carry them before a Committee and from thence to Prison Where they may without any consideration rott if they will not either betray both a good Cause and some other of the Parliaments best friends when they had few others or else submit to their unjust lawes besides it is a common thing for such lawlesse men to breake in and search honest mens shops when neither the owners nor any of theirs are present to see what businesse they have there And yet as unjustly as all the rest they doe not onely allow the weekly printing divulging and dispersing of Oxford Aulicus and other Malignant Books and Pamphlets tending to the ruine both of the Kingdome and Parliaments Priviledges but likewise the sending of Printing matterialls to the King whereby to Print down both Power of Parliament and freedome of People All which unjust dealings doe come to passe also with the privity of the Masters and Wardens of the Stationers Company as was openly proved to their faces at their publick Hall who therefore like wise men perceiving the Plague afarre off would not goe on still and be punished but most cunningly both to hide themselves and their treachery against the well-affected party and divide their spoile so unjustly obtained by lying in waite for blood they have now procured by
men that the Parliament hath a power to annull a Law and to make a new Law and to declare a Law but known Laws in force unrepealed by them are a Rule so long as they so remain for all the Commons of England whereby to walk and upon rationall grounds is conceived to be binding to the very Parliament themselves as well as others And though by their legislative power they have Authority to make new Laws yet no free-man of England is to take notice or can he of what they intend till they declare it neither can they as is conceived justly punish any man for walking closely to the knowne and declared Law though it crosse some pretended Priviledge of theirs remaining onely in their own breasts For where there is no Law declared there can be no transgression therefore it is very requisite that the Parliament would declare their Priviledges to the whole Commons of England that so no man may through ignorance by the Parliaments default run causelesly into the hazard of the losse of their lives liberties or estates for here it is acknowledged by themselves that their Power is limited by those that betrust them and that they are not to doe what they list but what they ought namely to provide for the peoples weal and not for their woe so that unknown Priviledges are as dangerous as unlimited Prerogatives being both of them secret snares especially for the best affected people It is the greatest hazard and danger that can be run unto to disart the onely known and declared Rule the laying aside whereof brings in nothing but Will and Power lust and strength and so the strongest to carry all away for it is the known established declared and unrepealed Law that tells all the Free-men of England that the Knights Burgesses chosen according to Law and sent to make up the Parliament are those that all the Commons of England who send and choose them are to obey But take away this declared Law and where will you find the rule of Obedience and if there be no rule of Obedience then it must necessarily follow that if a greater and stronger number come to a Parliament sitting and tell them that they are more and stronger then themselves and therefore they shall not make Laws for them but they will rather make Laws for them must they not needs give place undoubtedly they must Yea take away the declared unrepealed Law and then where is Meum Tuum and Libertie and Propertie But you will say the Law declared binds the People but is no rule for a Parliament sitting who are not to walke by a knowne Law It is answered It cannot be imagined that ever the People would be so sottish as to give such a Power to those whom they choose for their Servants for this were to give them a Power to provide for their woe but not for their weal which is contrary to their own foregoing Maxime therefore doubtlesse that man is upon the most solid and firm ground that hath both the Letter and equity of a known declared and unrepealed Law on his side though his practise doe crosse some pretended Priviledge of Parliament And whereas by an Act made this present Parliament Anno 17. Caroli Regis intituled An Act for Regulating of the Privie Counsell and for taking away the Court commonly called The Star-Chamber It is there declared That the Proceedings Censures and Decrees of the Star-Chamber have by experience been found to be an intollerable burthen to the Subject and the means to introduce an Arbitrary Power and Government and that the Councell-Table have adventured to determin of the Estates and Liberties of the Subject contrary to the Law of the Land and the Rights and Priviledges of the Subject Which Laws are there recited as first Magna Carta and the 5. Ed. 3. 9. and 25. Ed. 3. 4. and 28. Ed. 3. 3. the last of which saith That it is accorded assented and established that none shall be taken by Petition or suggestion made to the King or His Councell unlesse it be by Indictment or presentment of good and lawfull people of the same neighbourhood where such deeds be done in due manner or by Processe made by Writ originall at the Common Law and that none be put out of his franchise or Freehold unlesse he be duly brought in to answer and fore-judged of the same by the course of the Law and by another Statute made in the 42 Ed. 3. 3. it is there inacted That no man be put to answer without presentment before Justices or matter of Record or by due Processe and Writ originall according to the old Law of the Land Therefore for the Subjects good and welfare in future time it is Inacted That from henceforth no Court Councell or place of Judicature shall be erected ordained constituted or appointed within this Realme of England or dominion of Wales which shall have use or exercise the same or the like jurisdiction as is or hath been used practised or exercised in the said Court of Star-Chamber that then whosoever shall offend or doe any thing contrary to the purport true intent and meaning of this Law then he or they shall for such offence forfeit the Sum of five hundred pounds of Lawfull money of England unto any party grieved his Executors or Administrators who shall really prosecute the same and first obtaine judgement thereupon to be recorded in any Court of Record at Westminster by Action of debt Bill Plaint or Information wherein no Essoine Protection wager of Law aid Prayer Priveledge Injunction or Order of Restraint shall be in any wayes prayed granted or allowed nor any more then one imparlance c. And the Petition of Right which may be said to be more then a bare Law for it is a Declaration of the equity true intent and meaning of Magna Carta and other the good Laws of the Land which provides for the peoples freedome and binds all as well the trusted as those that trust as appeares in the Parliaments Prayer to the King which is That no Free-man hereafter be used contrary to what is before expressed c. which they say is the Rights and liberties of the Free-men of England unto which the King answeres Let Right be done according to the Lawes and Customes of the Realme But this Answer admitting still a Dispute what was the true intent and meaning of the Lawes and Customes of the Realm They Petition the King again to give a more full satisfactory answer which he doth and saith Let Right be done as in the Petition is desired and amongst other things there expressed it is declared to be contrary to law to imprison a man without cause shewed or expressed and also that it is contrary to Law to force a man to answer to Questions concerning himself or for refusall to commit him to prison So far their own words And therefore it were well that both Parliament-Committees and all
Ewbanke and Michael Dawson all of the County of Durham ¶ The Copies of Colonell THO. MIDFORDS Certificate with others given under their hands THat about July 1642. Thomas Midford and George Lilburne went on purpose to the House of Sir Henry Vane the elder neere Charing-Crosse and there acquainted him of the freequent meetings of the Papists and their adherents in the County of Durham and that they did not onely gather together most of the prime Horses of the said County but did exercise them in Armes and trained the said Horse to the discouragement of all the true-hearted Protestants of the said County And that the Sea-ports of the said County were fit to betaken care of which the said Sir Henry Vane promised to take timely care of making shew that hee intended shortly to goe downe into the said County In the meane time desired the said George Lilburne and the said Thomas Midford to goe to the Deputy Lieutenants and acquaint them with the aforesaid Information and to tell them from him that he could not then write to them concerning the same but bid them take care thereof till he gave further Order The said Thomas Midford about the end of the said moneth comming into the said County went to Durham and did acquaint Sir William Darcie being then high Sheriffe of the said County Sir John Conyers and others at John Halls House in Durham of the same who returned the said Midford no other answer but well well and seemed to make no great matter thereof 18 June 1645. Tho. Midford In the yeere 1643 Nicolas Heath of Little-Eden in the County of Durham Esq came to Sir Hen. Vane senior in Westminster-Hall and told him that the County was in a very sad Condition and the Inhabitants utterly undone unlesse there were some present course taken for preventing of raising the forces which were then a gathering but Sir Henry Vanes Answer was That he never thought otherwise NIC. HEATH 18 June 1645. Mr. Henry Dingly died in Jan. 1644. at Charing-Crosse and lodged neer Sir Henry Vanes House testis John Marr Esq Clarke of the Kitching to the Prince Mr. William Conyers Steward of his Land hath continued in his service likewise and lived in Raby Castle ever since the carrying of the Armes from the said Castle to Newcastle upon Tyne till within these Foure moneths last past Testis Mr. George Lilburne and Col. Rob. Lilburne his Nephew June 2. 1645. 5. When Alderman Gurney was Lord Major of London the Citizens complained to the Parliament of him and others of his Brethren and also of the Recorder Gardner those that prosecuted the Cities busines was principally Alderman Folkes and Alderman Gibbs that Monopoliser and Mr. Gline now Recorder sate in the Chaire of that Committee but as soon as they had justled out those they complained of and set themselves downe in their places or Saddles rode and spurr'd the poor Commons of London as hard as ever the former did and troad in Strafford's pathes of Arbitrary Goverment as much as the former and the People sigh groane and cry out of their unjust bondage by the Lord Major present Recorder and Court of Aldermen and the Parliament look upon them with a slighting eye and afford them no helpe though the Commons of London have been chief Instruments under GOD of saving their Lives Liberties and Estates howbeit now they goe about to make them slaves for their paines it were well therefore the Commons of London would aske their Foure Burgesses if they did not send them to sit in Parliament to preserve and defend their Liberties and if they finde they have not performed their trust then to desire to choose Foure more Faithfull Carefull and stouter in their places and that the Commons of London are sensible of their being rob'd of their Freedomes by the aforesaid parties the Petition of divers of them presented to the whole Common Councell sitting in Guild-hall in Aprill last and since printed doth fully declare whereof a true Copy here followeth To the Right Honourable The LORD MAJOR and the Right Worshipfull the Aldermen and Common-Councell of the City of LONDON In Common Councell Assembled The humble Petition of divers Citizens of this Honourable City SHEWING THat the afflictions and sorrows of our hearts are unexpressable in regard of the manifold miseries that are upon us and thousands of our deer Brethren and fellow Citizens complaints being generall and very grievous As amongst many other I. That the Poore is in great necessity wanting wherewith to set themselves on worke their Children uneducated and thereby prepared to wickednesse and beggery II. That Trading is exceedingly decayed whereby thousands that have lived in a free and plentifull way are many fallen and are more falling into great extremity III. That Assesments are made very unequall whereby the Taxes laid upon the City are made burthensome and paid with much repining IV. That the Forces of the Citie are very much abated and that the Citie is not in a Posture of Warre answerable to its greatnesse or its danger And though there hath not been wanting continuall endeavours of juditious charitable persons to prescribe remedies for those grievances yet our miseries are such that we are in effect debarred from opening our griefes or proposing our remedies to any that hath power to help us For if wee motion our going to the Parliament immediately as was usuall and successfull in former times our mouthes are presently stopt with this prejuditiall rumour That the Parliament will not receive any Petition from the Citizens but by the Common-Councell whereupon few or none will move in that way though there be never so urgent necessities If wee propose to goe through the Common-Councell sad experience hath proved it so difficult to obtaine a Common-Councell that men are weary in pursuance thereof The Lord Major and Aldermen challenging to themselves Prerogative of calling Common Councells onely when they see cause also that nothing shall be debated but what hath been first presented to the Court of Aldermen and that after debate the Lord Major hath a negative voice or power to Null or frustrate all that hath been debated by refusing to put to Vote or by dissolving the Court at his pleasure By which Prerogative Rules if the Lord Major will not or cannot preserve the Citizens from miseries and destruction Will not heare our Complaints nor be sensible of our necessities The whole power of the chosen Common-Councell men may not interpose or use any meanes for our preservation and relief Wee willingly give all due honour to the Lord Major and Aldermen in referrence to their particular Offices But that the safety and well-being of so great a People should depend upon the understanding and affections of so few and that the whole City must be without a just means to preserve themselves or to remedy things that are any wayes amisse except the Lord Major and Aldermen will assent And that those whom the People yeerly
riches increase set not your hearts upon them And 74.19 O deliver not the soul of thy Turtle Dove unto the multitude of the wicked forget not the Congregation of thy poore for ever And 82.3 4 5. Defend the poore and fatherlesse doe justice to the afflicted and needy Deliver the poore and needy rid them out of the band of the wicked they know not neither will they understand they walk on in darknesse all the foundations of the earth are out of course And 92.6 7. A bruitish man knoweth not neither doth a fool understand this When the wicked spring as the grasse and when all the workers of iniquity doe flourish it is that they shall be destroyed for ever And 118.8.9 It is better to trust in the Lord then to put confidence in man It is better to trust in the Lord then to put confidence in Princes And 146.3 Put not your trust in Princes nor in the sonne of man in whom there is no helpe Isaiah 10.1 2 3 4 5 6. Woe unto them that decree unrighteous decrees and write grievous things which they have prescribed To turn aside the need from judgement and to take away the right from the poor of my people that Widdows may be their prey and that they may robbe the fatherlesse And what will ye doe in the day of Visitation and in the desolation which shall come from farre to whom will ye seek for help and where will ye leave your glory Without me they shall bow down under the Prisoners and they shall fall under the slaine for all this his anger is not turned away but his hand is s●retched out still O Assyrian the rod of mine anger and the staffe in their hand is mine indignation I will send him against an hypocriticall Nation and against the people of my wrath I will give him a charge to take the spoile and to take the prey and to tread them downe like the myre in the streets FINIS The chiefe faults escaped in the printing either through the Authours absence or the Correctours negligence In page 4. l. 22. read the last but one of p. 5. l. 2. read and that l. 7. read for the same p. 7. l. 37. r. and justly for hence justly and read may condemne for may not condemne p. 9. l. 20. r. of which you may and l. 32. r. are culpable p. 10. l. 19. r. publick for bublick p. 15. l. 18. r. that call evill good and good evill and adde to the next line Job 14.4 Who can bring a clean thing out of an uncleane not one read 25.4 and Psalm 51.5 p. 16. l. 16. r. to prison without cause shewed and l. 18. r. to force him to commit a crime l. 26. r. and then make for and then to make p. 17. l. 14. r. strengthned for streightned l. p. 37. l. 18. r. suites for suite p. 39. l. 1. r. according to those for according those p. 40. l. 23. r. consider for cnsider p. 43. l. 16. r. If there were for Is there THE POSTSCRIPT Containing divers sentences belonging to severall passages of this Book which were in their due places omitted and here at last remembred ADde to page 16. l. 29. So that first he was committed by Order and Vote of Parliament without cause shewed and then secondly for refusing to answer upon Interrogatories to their Committee of Examinations which is contrary 1. To the Great Charter of England 2. To the very words of the Petition of Right 3. To the act made this present Parliament for abolishing the Star-chamber 4. To the solemne Oath and Protestation of this Kingdome 5. To the great Covenant and Solemne Vow made upon paine of eternall damnation for uniting the two Kingdomes together 6. And most principally of all contrary to the infallible Rules of Gods own most sacred Word which forbids that any man should answer upon questions to accuse condemne and consequently to kill and destroy himself or that any man should be condemned before he be heard And 7. Contrary to all justice equity conscience sense reason the very practise of the Romish Heathens love duty brotherly affection Christianity Reformation Comiseration or Compassion 8. Contrary to the Kingdoms great trust committed by their grand Commission to the Parliament for defending and improving and no wise for destroying nor disannulling their Liberties and so alwayes for the Weale but never for the woe of the Free-men of England otherwise they are not only to be bidden take heed to their injustice but to be called to an account and censured accordingly That in regard the Kingdome is in so pittifull and great distresse and that the most and best things that ever this Parliament did were first motioned by private men and then authorised and established by them it would be excellent and needfull if they would ordaine that every free-man of England who is able would bestow his servico one yeere at least freely for the good of the Civill State in any Place or Office of Trust whereof his skill and breeding doe fit him to be most capable according as they shall be chosen and those who are not able to serve freely for a yeere and to have competent maintenance allowed unto them to the value of 50. or 60 l. a yeere according to their charge if such be chosen for their skill and diligence though they want outward means for which allowance those that are conscienscious will doe as good service at least as some others who have 1000. or 2000. a yeere The like rule is no lesse but rather farre more excellent and needfull to be observed and established in matters concerning the Church-state wherein her servants are to performe their duties freely they being able to maintain themselves and those with them whether by means obtained formerly or industry used daily otherwise to have the like allowance of 50. or 60 l. a yeere according to their charge And that the remainder of all Church-living obtained by the subtilty of Antichrist be n●w wholly imployed to the supply of the Kingdomes manifold present necessities and after the Warres are ended to the payment of the Kingdoms great debts contracted upon the publick faith But if in case that the Clergy or any of them shall not be content with the aforesaid allowance which is sufficient for as honest men that then it might be free for those whom God shall be pleased to fit with sufficient abilities to supply their places freely to the intent it may not be said of them as of the Scribes and Pharisees that they shut up the Kingdome of heaven and will neither enter in themselves nor yet suffer those that would Matth. 23.13 Luk. 14.52 In the Appendix of one of Mr. Prinnes bokes authorized by the Parliament called The Soveraign power of Parliaments and Kingdoms beginning at pag. 1. It is manifested by sundry Histories Authours that in the ancient Roman Kingdome and Empire in the Greek and German Empires derived out of it in the old Grecian Indian Egyptian Realmes in the Kingdome of France Spaine Italy Hungaria Bohemia Denmark Poland Swethland Scotland yea of Judah Israel and others mentioned in the Scripture the supreame Soveraignity and Power resided not in the Emperours and Kings themselves but in their Kingdomes Senates Parliaments People who had not onely power to restrain but censure and remove their Emperours Princes for their tyranny and mis-government Where also there is an answer to the principall Arguments to prove Kings above whole Kingdomes and Parliaments and not questionable nor accountable to them nor censurable by them for any exorbitant actions The 4. page 6. 7. 10. 11. 13. 17. 101. 112. 123. 125. 150. 151. 153. 154. 159. are most excellent for deciding those differences which I referre to the juditious and courteous Reader to peruse at his leisure FINIS Printed Octob. 1645.