Souldiers were not so wicked as their Masters Yet we daily see many good Families in England despoiled of their Estates for want of protection of the laws brought to miserable beggery rather than they will wrong their consciences by subscribing this damnable Engagement contrary to the Protestation and Covenant imposed by this Parliament contrary to the known law of this land which this Parliament hath declared to observe and keep in all things concerning the lives liberties and properties of the people with all things incident thereto contrary to this Parliaments reiterated votes that they would not change the Ancient Government by a King Lords and Commons And contrary to the Oathes of Allegeance Obedience and Supremacy whereby and by the Stat. of Recognition 1. Jac. our Allegeance is tied onely to the King his Heires and Lawfull Successers from which no power on earth can absolve us and so much we attest in the Oath of Supremacy Politicus Interpreter to our new State-Puppet play Numb. 19. from Sept. 19. to Sept. 26. out of the dictates of his Masters tells us that in Answer to the Kings Act of oblivion granted the Parliament intends to passe an Act of Generall pardon for which they expect in future a Generall obedience submission to the government you see though they will not be the Kings subjects they will be his Apes and in the beginning of the said Pamphlet Politicus saith That Protection implies obedience otherwise they may be handled as publike Enemies and outlawes and ought to be destroyed as Traitors Here you have the end to which this generall pardon is intended it is but a shooing-horn to draw on the utmost penalty upon Non-engagers appointed by the said pretended Act 2. Ian. 1649. to weed them out of this good Land that the Saints only may enjoy the earth and the fullness thereof to which purpose all their new coyned Acts and Lawes are directed The Scripture points forth these kind of men when it saith The Mercies of the wicked are cruell The sum of all is If we will not acknowledge Allegeance to these Mush-romes we shall be Traitors without Alleageance a Treason never yet heard of in any Law If we will acknowledge Allegeance we put our selves in a capacity to be Traitors when they shall please to make us such But let them know That we are all Englishmen Free-born alike under the Protection of an antient legall Monarchy to which we owe Alleageance and how we come to forfeit that legall Protection our setled laws and Government and be subjected to a New unknowne Protection obtruded upon us by a Company of upstarts Mushromes of Majesty so meane in birth and breeding for the most part that the place of a Constable equalls the highest of their education imposing what Lawes and conditions upon us they please I would be glad to heare without being hindered by Guns Drums High Courts of Iustice and other Instruments of violence Murder But the greatest Mistery in this cheat is That our Self-created Supremists having voted the originall power to be in the people and but a derivative Authority to be in themselves as the Representative of the people should notwithstanding so yoake their Soveraigne Lord the people and make them pay Allegeance to their own Delegates the 8. part of a House of Commons under the penalty unless they subscribe as the far major part have not of outlawing and depriving all the people of this Land of all benefit of the Lawes they were born to and consequently of annihilating and making them no longer a Nation or people As if they were meer Salvages newly conquered collected and formed into a Politike body or Commonwealth and endowed with Laws newly invented by these Novice Statists But the unlawfullness of the said Engagement with the Injustice of the Self-created power that obtrudeth it hath been handled by many good pens especially by the Cheshire and Lancashire Ministers in their Plea for Non-Subcribers Therfore I passe on to my principall scope The second Engine appointed to root out all such as are of a different Party The High Court of Iustice A formidable Monster upon which no pen that I know of hath yet adventured 4. In treating of the High Court of Iustice I must consider 1. By what Persons and Authority this new erected unpresidented Court is constituted 2. Of what Persons it is constituted 3. The way and manner of their proceedings What formalities and Lawes they observe therein How sutable to the known Laws of the Land and the Parliaments Declarations Protestations and Covenant they are 4. To what end this Court is constituted 1. The Persons constituting this extrajudiciall Court are the present pretended Parliament consisting of 40 or 50 thriving Commons only who conspired with Cromwell and the Army to expell 7. parts of 8. of their follow-Members without any cause showne abolished the House of Peers erected this High Court of Iustice in nature of a Court Martiall to murder the King abolished Kingly Government Turned it into a thing they call a Free-State disinherited the Royall Family and now usurp to themselves without any calling from God or the People more then a Regall Legall or Parliamentary Authority wherewith they have subverted the Fundamentall Government Religion Laws Liberties and Property of the Nation and envassallised enslaved them to their Arbitrary Domination the Authority by which they erect this extrajudiciall Court is The usurped Legislative power By colour of which they passed an Act dated 26. March 1650. establishing the said High Court of Iustice Yet their own creature Master St. Johns in his Argument against the E. of Strafford in a Book called Speeches and Passages of this great happy Parliament printed by William Cook 1641. pag. 24. saith The Parliament is the Representative of the whole Kingdom wherin the King as head The Lords as the more Noble the Commons the other Members are knit together as one body Politick The Lawes are the Arteries Ligaments that hold the body together And a little after Its Treason to embesell a Judiciall Record Strafford swept them all away It s Treason to counterfeit a 20s peece here is a counterfeiting of Law so in these counterfeit new Acts we can call neither the counterfeit nor true one our own It s Treason to counterfeit the great Seale for an acre of Land no property hereby is left to any Land at all no more is there by the votes practise of our new Supremists thus far Master St. Iohns But that the Parliament doth necessarily consist of the King the two Houses assembled by his Writ can passe no Act without their joint consent See the Praeambles of all our Statutes all our Parliament Records all our Law Books Modus tenendi Parliamentum Hackwells manner of passing Bills Sr. Tho. Smith de Repub. Anglorum Cambdeni Britannia All our Historians Polititians and the uninterrupted practise of all Ages That it is now lately otherwise practised is
3. To repell an Injury done to your self or to your Ally in league with you The ultimate end of these wicked Endeavours is To establish and cement with the bloud of their Adversaries the Kingdom of the Brambles or Saints already founded in bloud By cutting off all such by their said New Acts of Treason and High Court of Justice as will not bow their Necks to their Iron yoake Which appears more cleerely in an Additionall Act giving farther power to the said High Court dated 27. Aug. 1650. To hear and determine all Misprisions or concealments of Treasons mentioned or contained in any of the said Articles or Acts of Parliaments And to inflict such punishments and award such execution as by the Lawes and Statutes have bin or may be inflicted This Lawe if I miscall it not considering how they have multiplied Treasons by their said 3 New Statutes 14. May 17. July 1649. and 26 March 1650. Whereby bare words without Act are made High Treason Contrarie to those well approved Statutes 25. Ed. III. chap. 2. 1. Hen. IV. chap. 10. 1. Edw. VI chap. 12. I. Mariae chap. 1. Cooke 3. Instit. saith That words may make an Heretique not a Traitor Chap. High Treason And the Scripture denounceth a wo to him That maketh a man an Offender for a word is one of the cruelst and most generally dangerous and entrapping that ever was made For hereby all Relations Husband and Wife Parents and Children Brothers and Sisters Masters and Servants are all injoyned to be informers against and Accusors of one another which is to take upon them the Devils Office and be Accusatores Fratrum for light and vain words spoken onely in Passion or ignorantly or else they fall into the Jawes of this alldevouring Court from whence no more then from Hell there is no Redemption for Misprision of Treason the Penaltie whereof is losse of Libertie and Lands for life and of Goods for ever Who can imagine lesse heerby but that our Statistes intend to raise a yearly revenue by this Court by Forfeitures and Confiscations and to erect an Office of Master of the States Forfeitures like Empsons and Dudleis in Hen. VII time aforesaid And so continue this Court to weede out the Auntient Inhabitants Cananites and Amalechites The said Additional Act 27. Aug. 1650. concludes That the said High Court shall not examine Try or proceed against any Person other then such as shall be first by name appointed by the Parliament or Counsel of State It should seem the Parliament and Counsel of State supply the want of a Grand Enquest and their Appointment is in stead of a Bill of Enditement found and presented As assuredly as The High Inquisition was erected in Spain by Firdinando and Isabella to extirpate the Mahometan Moors And the said Councel of Bloud in the Lowe Countries by the Duke D'Alva to weed out the Lutherans Calvinistes and Anabaptistes So is this High Court set up in England to root out the Royallistes Presbyterians and Levellors and generally all that will not wholly concurre with our Independents in Practise and Opinions As will manifestly appear when their work is don in Scotland which will soon be effected the more zealous Scots being now as ready to sell their Kingdom as they weare formerly to sell their King I Conclude therefore upon the Reasons aforesaid That because the Commissioners or Judges are not sworn to do Justice according to the Lawes And are Parties pre-in-gaged as well as their Masters and Pay-Masters that named them ignorant men and of vild and base professions uncapable of places of Judicature Necessitous Persons and some of them Scandalous and the High Court it self hath neither Law President nor any just Authority for Constituting thereof or the Judges therein And all proceedings before them are directly Contrary to Magna Charta the Statut. 25. Edw. III. chap. 2. The Petition of Right and all other known and Established Laws and the continual Practise of our Nation and in many Points Contrary to the Law of God and the Dictates of Right Reason That these Commissioners are Incompetent Judges Their Court an Extrajudicial Conventicle tending to disinherite disfranchise and enslave all the Free-men of the Nation and all Proceedings before them are void and Coram non Judice See Col Andrews 3. Answers The said High Court of Justice to be a meer bloudy Theater of Murder and Oppression It being against Common Reason and all Laws Divine and Humane That any man should be Judge in his own Cause Neminem posse in sua Causa Judicem esse Is the Rule in Law But this Parliament and Counsell of State know they can not establish and confirm their usurped Tyrannie The Kingdom of the Saints eaâ—e up the People with Taxes and share Publike Lands Offices and Mony amongst themselves enslave the Nation to their Lawles wills and Pleasures but by cutting off the most able and active men of all opposite Parties by som such expedient as this Arbitrary Lawlesse High Court is The old Legall way by Juries being found by John Lilbourns Triall to be neither sure enough nor speedy enough to do their work A Butcher-Rowe of Judges being easier packed then a Jury who may be challenged So that it fareth with the People of England as with a Traviler fallen into the hands of Theeves First they take away his Purse And then to secure themselves they take away his life So they Robbe him by Providence And then Murder him by Necessity And to bring in their Third Insisting Principle they may alleage They did all this upon Honest Intentions to enrich the Saints and robb the Egiptians With these 3. Principles they Justify all their Villanies Which is an Invention so meerely their own That the Devil must acknowledge They have propagated his Kingdome of Sinne and Death more by their Impudent Justifications then by their Turbulent Actions An Additional Postscript SInce the Conclusion of the Premises hath happened the Trial of that worthy Knight Sr. John Stowell of the County of Sommerset Who having bin often before this Court hath so well defended himself and wiped off all Objections and made such good use of the Articles of the Rendition of Excester that in the Opinion of all men and in despite of their ensnaring Acts for New Treasons he can not be adjudged guilty of any Treason Old or New which was the Summe and Complement of the Charge against him Wherefore the Court put off his Trial for a longer time to hunt for New Crimes and witnesses against him At last came into the Court as a witnes John Ashe notwithstanding he is a Party many waies engaged against him 1. Ashe is a Parliament man in which capacity Sr. John Stowell bore Armes for the King against him 2ly Ashe as a Parliament man is one of the constitutors of this Murderous Court and the Judges thereof and therefore their Creatures who expect rewards from them beare a more awfull respect to his
testimony then a witnes ought to have from Judges 3ly It is publickly known that Ashe hath begged of the House a great summe of mony out of the Composition for or Confiscation of Sr. Johns Estate And 4ly It is known to many That during Sr. Johns many years Imprisonment Ashe often laboured with Sr. John to sell unto him for 4000l a Parcel of Land which cost Sr. John above 10000l promising him to passe his Composition at an easy rate to procure his enlargement from prison and send him home in peace and quiet if he granted his desire But although with all their malitious diligence they cannot finde him guilty of High Treason yet their Articles of Impeachment Charge him in general Tearms with Treason Murder Felony and other High Crimes and Misdemeaners and amasse together such a Sozites and and Accumulation of Offences as if one fail another shall hit right to make him punnishable in one kinde or other such a hailshot charge cannot wholly misse either they will have life estate or both Contrary to the Nature of all Enditements and Criminall Charges whatsoever which ought to be particular cleere and certain Lamb pag. 487 that the accused may knowe for what Crime he puts himself upon Issue But this Court as High as it is not being Constituted a Court of Recorde the Prisoner and those that are concerned in him can have no Recorde to resorte to either 1. To demande a writ of Error in Case of Erronious Judgement 2. To ground a plea of Auterfois Acquite in Case of New Question for the same fact 3ly Or to demande an Enlargement upon Acquitall or 4ly To demand a writ of conspiracy against such as have combined to betray the life of an Innocent man Whereby it followes That this prodigious Court hath power onely to Condemne and Execute not to Acquite and give Enlargement Contrary to the Nature of all Courtes of Iudicature and of Iustice it self it is therefore a meer Slaughter house to Commit Free State Murders in without nay against Law and Iustice and not a Court of Iudicature to condemne the Nocent and absolve the Innocent And the Iudges of this Court runne Paralell with their Father the Devill who is ever the Minister of Gods wrath and fury never of his Mercy The humble Answer of Col. Eusebius Andrewes Esquier to the Proceedings against him before the Honourable The high Court of Justice 1650. THe said Respondent with favour of this Honourable Court reserving and praying to be allowed the benefit Liberty of making farther Answer if it shall be adjudged necessary offereth to his Honorable Court That by the Stat. or Charter stiled Magna Charta which is the Fundamentall Law and ought to be the Standard of the Laws of England Confirmed above 30 times and yet unrepealed it is in the 29 Chapter thereof graunted and enacted 1. That no Free-man shall be taken or imprisoned or be disseised of his Freehold or Liberties or Free Customes or be outlawed or exiled or any other wayes destroyed Nor we shall not passe upon him but by a lawfull Judgement of his Peers or by the Law of the Land 2. We shall sell to no man nor deferre to any man Justice or Right By the Stat. 42. Ed. III. chap. III. The Great Charter is commanded to be kept in all Points and it is enacted That if any Stat. be made to the Contrary That shall be holden for none By the Act 26. March 1650. entituled An Act for Establishing An High Court of Justice Power is given to this Court To Try Condemne and Cause Execution of death to be done upon the Freemen of England according as the Major Number of any 12 of the Members thereof shall Judge to appertein to Justice And thereupon the Respondent doth humbly inferre and affirme that the Tenor of the said Act is diametrically opposite to and inconsistent with the said Great Charter And is therefore by the said recited Stat. 42. Ed. III. to be holden for none Secondly That it can with no more Reason Equity or Iustice hold the reputation or value of a Law if the said Stat. had not bin then if contrary to the 2d Clause of the 29. chap. of Magna Charta it had bin also enacted That Justice and Right shall be deferred to all Freemen and sould to all that will buy it By the Petition of Right 3o Car upon premising That contrary to the Great Charter Trials and Executions had bin had and don against the Subjects by Commissions Martial c. it was thereby praied and by Commission enacted That 1. No Commissions of the like nature might be thenceforth issued c. 2. To prevent least any of the Subjects should be put to death Contrary to the Laws and Franchises of the Land The Respondent heereupon Humbly observeth and affirmeth That this Court is though under a different stile in nature and in the Proceedings thereby directed the same with a Commission Martiall The Free-men thereby being to be tried for life and adjudged by the Opinion of the Major Number of the Commissioners sitting as in Courtes of Commissioners Martiall was practised was agreeable to their Constitution And consequently against the Petition of Right in which he all the Freemen of England if it be granted there be any such hath and have Right and Interest and he humbly claimes his Right accordingly By the Declarations of this Parliament Dec. 15. Jan. 17. 1641. The benefit of the Laws and the ordinary Course of Justice are the Subjects Birthright By the Declarations 12. Iuly 16. Octob. 1642. The prosecution of the Laws and due administration of Justice are owned to be the justifying cause of the war and the end of the Parliaments Affaires managed by their Swords and Counsells and Gods curse is by them imprecated in case they should ever decline those ends By the Declaration 17. Aprill 1646. Promise was made not to interrupt the Course of Iustice in the ordinary Courts By the Ordinance or Votes of Non-addresses Ian. 1648. It is assured That though they lay aside the King yet they will govern by the Laws and not interrupt the course of Justice in the ordinary Courts thereof * And therefore this Respondent humbly averreth and affirmeth That the constitution of this Court is a breach of the Publike Faith of the Parliament exhibited and pledged in those Declarations and Votes to the Freemen of England And upon the whole matter the Respondent saving as aforesaid doth affirme for Law and claimeth as is Right That 1. This Court in defect of the validity of the said Act by which it is constituted hath no power to proceed against him or to presse him to a further Answer 2. That by virtue of Magna Charta the Petition of Right the before recited Declarations he ought not to be proceeded against in this Court but by an ordinary Court of Iustice and to be tried by his Peers And humbly prayeth That this
THE HIGH COVRT OF JUSTICE OR CROMWELLS New Slaughter-house in ENGLAND With the Authoritie that constituted and ordained it Arraigned Convicted and Condemned for Usurpation Treason Tyrannie Theft and Murder Being the III. Part of the Historie of Independencie written by the same Author Printed Anno Dom. 1651. The History of INDEPENDENCIE THat every thing is kept and maintained by the same wayes and means it was got and obtained is a rule true both in Philosophy and Policy And therefore Dominion gotten by fraud and force must by fraud and force be preserved Things impiously got must be impiously kept When usurped Tiranny layes its foundation in bloud the whole Superstruction must be built with Morter tempered with bloud One Sin must defend and make good another And hence ariseth a Necessity upon Ambitious men to flanck and fortify one Crime with another But to pleade this Necessity which they have so willfully drawne upon themselves in justification of their wicked Courses To expect submission Obedience and an equall Engagement from men uninterressed therein and to intitle the Divine Providence and unrevealed will of God thereto in opposition to his will revealed and declared in the Scriptures as is now a dayes used is to accuse the Holy Ghost of our Sinnes and an hipocrisie so impudently sinfull and damnable that I doubt no age but this the Dregs and lees of time ever gave an example of the like TO illustrate my first Maxime by some forreine Examples before I lay the Bastard at our own doors Sylla at Rome by the power of the Sword proclaimed or voted himself Dictator to make good which usurpation with a Maske of Authority he compelled the Senate or Parliament to approve of all his fore passed villanies Murders and illegal Actes and to conferre a power upon him To kill whom he pleased and confiscate their Estates To build and destroy Cities Dispose Kingdomes And exercise an Arbitrary Supreme Authority and then to establish himselfe in his selfe-created power he posted up as Rome and in most Cities of Italy Bills of Proscription or Outlawry conteining the names of such persons as without any forme of Lawe or Justice he appointed to be slain by his Souldiers These Proscribed men were for the most part such as having some Sparkes of Roman virtue in them durst love the Auntient Government Lawes and Liberties of Rome and were therefore thought fit to be weeded out as Malignants against his Innovations and Arbitrary courses Yet many meane spirited fellowes were proscribed and murdered partly for confiscation of their Estates and partly to gratify the Malice and hatred of particular friends who in that carriage praid in aid of Syllas sword to ridd them of their Enemies After this Augustus Caesar at Rome having by terror of Arms made himself Consul and finding himself not strong enough fingly to subjugate his Country he called Antonius Lepidus to joine with him with whom entering into confederacy to subvert the Fundamental Government and usurpe the Supreme Authority They divide that vaste Empire betweene them and passed a Decree amongst themselves That they should be called the Triumvirate for Reforming and Reestablishing the Common-wealth well enough before if they had let it alone with Supreme Authority to give Estates and Offices to whom they thought fit without asking the advise of Senate or People They appointed what Consuls Magistrates and Officers they pleased They designed rich donatives and 18 of the chief Cities of Italy to be given to their Souldiers if by their valor they should obteine victory over Brutus and Cassius They fixed publike listes or Tables of Proscription naming such Persons as they exposed to slaughter They Proscribed at one time 130 Senators at another time 150 and 2000 Knights Whereby the best men for understanding conduct Resolution and Affection being cut off the rest terrified by their example became but Terra Maledicta as Chymickes call it dull liveles Ashes or clods of earth without power or virtue to quicken them or make them productive After some revolutions wherein Augustus and Antonius had discarded the dull and stupid Lepidus and at last Augustus had subdued Antonius Augustus usurped the Title of Tribune of the people whereby his Person became sacred and inviolable and humouring the irrational Animals tooke upon him the especial Protection of that Brutish heard the Rascall multitude The Tribunes of the People having bin originally instituted to protect the People His next step was to make himself Perpetual Dictator whereby he arrogated to himself a vaste unlimited power above all Laws The Tribuneship was his Buckler The Dictatorship was his Sword And last of all for Ornament only He having already the full power of an absolute Monarch although he forbore the Title of King because it was hatefull to the People and against the Laws ever since the Regifugium he took upon him the Title of Princeps Senatus or President of the Senate to keep a corresponding power over that great Counsell or Parliament And finally usurped the Title and Office of Imperator or Generalissimo of all forces by Land and Sea Garrisons c. Philippe King of Spain Lord of the 17 Belgike Provinces by several Titles and under several Limitations Priviledges Exemptions and Fundamentall Laws according to which he was to govern and they to obey Resolving to subvert the Fundamentall Lawes and Government and reduce those 17 Petty Signiories into one meere absolute Monarchy sent the Duke D'Alva thither a warrior of a resolute stern nature Governour with a powerfull Army Who taking advantage of some rude commotions formerly raised by the Protestants in throwing downe Images and sacrilegiously plundering Churches erected a New Tribunall Criminall or to speake in our modern uncowth language A High Court of Justice consisting of 12 Commissioners or Judges purposely chosen most of them hangers by of the Law of meane fortunes practise birth and breeding Covetous Ambitious and slavishly addicted to the Spanish faction To these was given by special Commission full power and Authority to inquire into and judge or to hear and determine the forepassed commotions whereupon they stiled this Court Concilium Turbarum but the multitude called it Concilium Sanguinis or the Bloudy Conventicle This Counsel or Inquisition did supersede and extingnish the Authority of all other Courts of Iudicature and make void all Lawes Constitutions Jurisdictions and Priviledges of the Nation as to the aforesaid commotions and all other causes they pleased to call high Treason They had no other boundes nor limit iâ— their proceedings then what they prefixed to themselves in certain Articles Some few whereof I will here present unto my Reader because they judged of high Treason by those Articles not by the known Laws of the Land a thing very observable and applicable to my purpose so that they were not onely Judges Leges dicere but also Law-makers Leges dare as all Judges are who take upon them a lioertie to observe no set forms of
proceedings but at their own pleasure 1. ARTICLE All Petitions heretofore tendered to the States or Cities Corporate against the erecting of New Episcopall Sees or against the Holy Inquisition or requiring a Moderation of Decrees or Acts of State or Parliament are accounted meer Conspiracies against God and the King 2. ARTICLE All Nobles Gentry Judges Magistrates and all others who connived at Hereticall Sermons plundering of Churches and delivering such Petitions as aforesaid pretending the necessitie of the times and did not resist and oppose them 3. ART Whosoever affirms That all his Majesties Subjects of Belgia have not forfeited their auncient Priviledges Immunities and Lawes for Treason and that it is not lawfull for the King to use and handle them for the aforesaid Treasons as he pleaseth to prevent the like Treasons for the time to come and that the King is not absolved thereby from all Oathes Promises Graunts Contracts and Obligations whatsoever 4. ART They that affirm This Counsell or high Court of Justice to exercise Tiranny in their Proceedings or Judgements and that they are not Supreme and competent Judges in all causes Criminal and Civil 5. ART Those that in case of Heresie deny that all manner of Informers and witnesses of whatsoever Degree and condition they be are to be credited and that upon the Testimony of any two witnesses this High Court ought to proceed to Judgement execution and conflication of life and goods without publishing the cause or charge and without any legal form of Triall All these are guilty of high Treason against God and the King The Rigor Cruelty and Injustice of this New erected Counsell of Bloud or High Court of Justice inforced the Lowe Countries to revolt and cast off the King of Spain LEt us now examine whether in some one little Province or Island belonging to that vast Roman Empire and in some meane petty fellowes Natives of that Island men even at home of obscure birth breeding and fortunes we can not finde examples of Ambition usurpation and Tiranny as high and transcendent as bloudy and destructive as covetous and greedy as any of the fore-cited presidents And which is worst of all carried on by those that call themselves Christians nay Saints which is more than they vouchsafe to Saint Peter and the rest of the Apostles though glorified Saints in the Church Triumphant and such as in all their bloudy oppressing cheating Designes promoted by perjury Treachery breach of Faith Oaths and publike Declarations pretend to the singular favour Providence and will of heaven as confidently as if they could shew Gods special commission to warrant Usurpation Treason Tyranny and Thievery It is not unknown by what Artifices frauds falsified promises Oaths and covenants a party of Antimonarchists Schismaticks and Anabaptists lurking in the Parliament fooled the People to contribute their blood and money towards the subduing of the King and in him of themselves and how by the same wayes and subtleties the said Party in the two Houses now combined openly under the Generall Title of Independents engaging and conspiring with the Officers of the Army and Souldiery expelled by armed force seven parts of eight of the House of Commons leaving not above 43 or 44 of their own engaged Party sitting men enriched with publike spoiles and voting under the power of the Armies commanders whose commands are now become a law to the said sitting Members as their Votes are become Laws to the Kingdome In Obedience to their said Masters of the Army The said Remainder of Commons voted down the House of Lords though an integrall and principall Member of the Parliament of England farr antienter then the House of Commons and having a power of Judicature and to administer an Oath which the House of Commons never had nor pretended to have untill this time that they overflow their Bounds and the whole Kingdomes under the protection of their Army which prerogative of the House of Lords is clearly demonstrated by the House of Commons standing bare before them at all conserences as the Grand Enquest doth before the Judges because they rejected the Ordinance for Triall of the King And now these Dregs and Lees of the House of Commons take upon them to be a compleat Parliament To enact and repeal Statutes to subvert the Fundamentall Government Laws and Liberties of the Land To pull up by the Roots without Legall proceedingss every mans private property and possession and destroy his life To burden the people with unsupportable unheard of unparliamentary Taxes Impositions Excise Freequarter buying of New Arms after the Countrey have been disarmed of their old Arms three times in one year Pressings and Levying of Souldiers Sequestrations Plundering of Houses and Horse and many other oppressions more than the Turk Russe or Tarter ever heard of of all which our Grandees are free and lay them upon others as partially as they please purposely to consume them To make Religion but a stalking horse to their designes and the Ministers thereof but hostlers to rub down curry and dresse it for their riding to whom they send Commands what they shall and shall not preach to the people as if preaching were the Ordinance of man not of God At last by way of preparative to their machinanations they passe these following votes 1. That all Supreme power is in the people 2. That the Supreme Authority under them is in the peoples Representatives or delegates in Parliament assembled Meaning themselves you may be sure the Quintessence and Elixar of the House of Commons extracted by those learned Chimicks Doctour Fairfax Doctour Cromwell and the rest graduated at that degraded University of Oxford Here note they voted the Supreme power to be in the people that they might use those Gulles as Conduit Pipes or Trunks to convey the Supreme Authority into themselves the better to enslave the people And tickle them whilest they fasten about their necks the Iron yoke of a Military Oligarchy wearing the Mask of a perpetuall Parliament 3. That whatsoever the Commons in Parliament shall enact shall have the power and force of an Act of Parliament or Law without the consent of the House of Lords or the Kings Koyal Assent any statute law custome or usage to the contrary notwithstandingr they might have said all our statutes laws customes c. notwithstanding This one vote hath more of Dissolution and more of Vsurpation and Innovation in it than any I yet ever read of This is universally Arbitrary and layes the Ax to the root of all our Lawes Liberties Lives and properties at once What these men will they vote What they vote is Law Therefore what they will is Law 4. That to wage warre or beare Arms against the Representative body of the People or Parliament is high Treason By the law all Treasons are committed against the King his Crown and Dignity 5. That the King hath taken up Armes against this Parliament and is therefore guilty
of all the blood shed this warre and should expiate those crimes with his blood If the King were not guilty these men are And therefore they passed this Vote Se defendendo Yet observe that herein they became Judges in their own cause and forejudged his Majesty before his Trial if that may be called a Triall that was carried on by men who were both Accusers Prosecuters parties and Judges and had neither law President formality of proceedings nor any other foundation of Justice or Reason to warrant them nor were delegated by any lawfull Authority These Votes thus passed and by this kinde of men were the foundation upon which they built their great Engine to destroy the King and Kingly Government together with the Religion Laws Liberties Lives and Properties of the people all condemned in that deadly sentence given against the King For having as aforesaid created by their own Votes themselves as absolute a power as they pleased and cast the people and all they have into that bottomlesse Chaos of their Arbitrary Domination They erect an Extrajudiciall unpresidented High Court of Justice to Try or rather to condemn without Triall the King Consisting of 150. Commissioners Souldiers Parliament men Trades men the most violent engaged and factious incendiaries of all the Antimonarchicall faction Amongst whom were many low conditioned mechanicks and Banquerouts whose fortunes are since repaired out of the Kings Estate and other publick Lands Goods and Offices as a reward for that Royall Bloud they spilt The King the Fountain of Law Justice Mercy Honour War and Peace The Head of the Parliament and Supreme Governour over all persons and in all causes thus violently removed presently as if the Mounds and Banks of the Sea had been overturned an impetuous innundation of bloudy thievish Tyranny and Oppression brake in udon us So that no man can call his life liberty house lands goods or any other his Rights or Fraunchises his own longer than the gratious aspect of some of our Graundees shine favourably upon him In the next place contrary to their own Declarations of the 9. Feb. and 17. March 1648. Wherein they promise that in all things concerning the lives liberties and properties of the people they will observe the known laws of the Land with all things incident therto They passe misbegotten Acts of Parliament one of the 14. of May another of the 17. of July 1649. whereby in derogation and annihilation of that excellent Stat. 25. Ed. III. Chap. 2. Ascertaining Treasons and reducing them to a small number And leaving nothing to the interpretation of the Judges that the people might not be ensnared they exceeding by multiplying Treasons bringing bare words as wel as deeds within the compasse of that offence and making many duties to which the laws of God and the land the Protestation and Covenant the oaths of allegeance obedience and Supremacy oblige us to be high Treason these new acts of Treason penned in obscure ambiguous terms purposely to leave a latitude of Interpretation in their own creatures the Judges that the People may be ensnared The King thus taken out of their way They passe dretended Hcts. 1. To Disinherit his children 2. To abolish Kingly Government for ever 3. To convert our ancient well tempered Monarchy into that which they call a Common-wealth or Free-State although nothing be therein free but their lusts nor hath it any form or face of Civil and just Government Wherein a confused Multitude rule by their own Wills without Law and for their own benefit no consideration being had of the good and happinesse of the People in generall 4. They Constitute a Senate or Councel of State of 40. men amongst which some Trades-men Souldiers illiterate Lawyers Parliament Members men already engaged over head and ears in sinne therefore to be confided in to these or any nine of these they entrust the Administration of this Utopian Common-wealth and these they would have us believe without telling us so are the Keepers or Gaolers of the Liberties of England These things being but Introductions to the Usurpation of these Kinglings and having been already shewed to the world by many pens I content my self to give a cursory view of them and hast to my intended task to shew that this Usurped power is kept and administred by as wicked and violent policies as it was gotten by The first endeavour of all Tyrannicall Usurpers is To lessen the number of their Enemies either by flattering and deceiving them or by violently extirpating and rooting them out And such have been the attempts of our new Cromwellian Statists ever since without any calling from God or the people they toook upon them the Supreme Authority of the Nation subverted our well mixed Monarchy and created themselves a Free-State 1. They endeavoured to sweeten and allure to act with them as many of the Secured and Secluded Members Ministers and other Phesbyterians as they could to the end that ex post facto being guilty of their Sinnes they might be engaged in one common defence and go halfs with them in their ignominy and punishment though not in their power profit and preferments in which the Godly will admit no Rivalls but like their Patron the Devil cry all 's mine But this Design failed for the most part 2. Their second Endevour was how to dimmish the number of their Opposites Royalists and Presbyterians by a Massacre for which purpose many Dark Lanthorns and Ponyards were provided last Winter 1649. But same prevented this plot which coming to be the Common rumour of the Town put them in mind of the danger infamy and hatred that would overwhelm them So this was laid aside At last they invented two other Engins no lesse bloudy then and as effectuall as a Massacre 3. The Engagement is the first of these two Gins which all persons are enjoyned to subscribe by their Act â— Jan. 1649. To be true to the Common-wealth of England as it is now established without a King or House of Peeres And this is obtruded under no lesse penalty then To be totally deprived of all Benefit of Law whatsoever Now the Laws of the Land being the onely Conservators of our lives Liberties and Estates without which lawes all men have a like property to all things and the strongest have right to all is possest by the weaker since the Law onely distinguisheth Meum and Tuum what is this but to expose the Liberties of the Non-Engagers to false Imprisonments our Estates to rapine spoil and Injustice and our Lives and Persons to wounds and Murders at the will and pleasure of such as will engage with our Usurpers but especially at the pleasure of their own Souldiers to whom I conceive this Outlawry was intended as an Alarm or Invitation to plunder and massacre the Non-engagers and to pay themselves their Arrears of which these Parliament men have cousened them out of their Estates and though the
against them sharing their Estates Offices and Revenues by Sequestrations and Suspensions of the Profits amongst themselves without any Crime objected And so leave them to sterve rot or dye in nasty Gaoles for want of Maintenance under the cruelty of covetous and mercilesse Gaolers whom they bear out for mony in all their Extortions And being thus imprisoned and wounded with the displeasure of the State no man dares adventure upon any security to lend him mony for fear of incurring the disfavour of the State and a Note of Malignancy whereby their Prisons are become private Slaughter houses as well as their Courts Publike Shambles of Injustice Prisoners in the Tower of London To which prison no Gaole delivery belongs were alwayes wont in the time of that supposed Tyrant King Charles I. and his Predecessors to have allowance from the King according to their severall degrees As 5l a weeke for an Esquire c. although the King deprived them of no part of their estates untill conviction and this Maintenance was provided for them by the Lieutenant of the Tower and in respect of his care and paines in procuring it he had Fees and not otherwise though now they continue and increase the said Fees the cause being taken away the effect ceaseth not But these men now in power after they have Committed men and robbed them of their Estates without cause shewen are so farre from giving them any allowance to feed them that they shut them up close Prisoners in unwholsome chambers denying them the Liberty of the Tower and the benefit of fresh Aire the Cameleons Diet for their health and resort of friends for their accommodation And that they may be sure to deprive them of all legal means by habeas cotpus to recover their liberties They commit men by illegal warrants not expressing any particuler Offence or cause for their commitment so that it is impossible for the keeper of the prison to obey the habeas corpus which is directed to him in these words Precipimus tibi quod compus A. B. una cum causa detentionis fuae habeas coram nobis c. ad recipiendum ea quae curia nostra c. Wherupon the Goaler or Sheriff is to bring his Prisoner to the Bar and tender his mittimm to the Court shewing the particuler cause of his Imprisonment that the Court may judge whether it be Legall or no Dolosus versatur in Generalibus In the Acts of the Apostles chap. 25. ver. 26. 27. Festus thought it unreasonable to send Paul a Prisoner to Caesar to whom he had appealed and not withall to signifie the Crimes laid to his Charge See Cookes 2. Instit. fol. 591. 4. Their usuall course of practising and suborning witnesses tempting them with hopes and terrifying them with fears is so notorious that it is known the Counsel of State have hundreds of Spies and Intelligencers Affidavit-men and Knights of the Post swarming over all England as Lice Frogs did in Egypt and have both Pensions and set rates for every polle brought in So that now the whole Nation is proscribed and every mans head set to sale and made a staple commodity far beyond the definite proscriptions of Silla the Triumvirate aforesaid These sons of Belial are sent forth to compasse the earth seeking whom they may devoure These with the Liberty of Priviledged Spies speake bold Language to draw other men into danger and plot conspiracies which themselves derect and are rewarded like Decoy Duckes for their paines Of this sort are Bernard and Pits set on work to betray Gell and Andrews as aforesaid For which Bernard had 300l and a Troope of horse conferred upon him Johnson that falsly accused Sr Rob. Sherly and Col. Egerton for their charity in releiving his wants is another Varney is a fourth So well are they fitted with these Sons of Belial that no Naboth can keepe his Vineyard if a Grandee cast a covetous eye upon it they can prove what they list Nay it is usuall for our Grandees to molest one man with examining him 20. or 30. severall times against one Prisoner upon one point to distract his memory not to let him be quiet until he perceive He must speak what their questions and discourses lead him to to redeem himselfe from vexation To say nothing of their Menaces To torture men if they will not confes what they impudently pretend is already discovered by other means And their insinuating into the affections of witnesses by asking them Whether the State doth not owe them money And why they doe not use fitting means and opportunities to recover it And why they do not make means for some beneficial employment 5. In Magna Charta chap. 29. it is enacted That no Freeman shal be taken or imprisoned or be disseised of his Freehold or Liberties or free Customes or be outlawed or exiled or any otherwise destroyed nor we will not passe upon him or condemne him but by lawfull Judgement of his Peares or by the Law of the Land We will sell to no man We will not deny or deferre to any man Justice or Right See Statut 2. Ed. III. chap. 8. 5. Ed. III. chap. 9. 14. Ed. III. chap. 14. 25. Ed. III. chap. 4. 11. R. II. chap. 10. Pet. of Right 3. Car. 1. 10. Ed. IV. fol. 6. Dier fol. 104. Cooke lib. 5 fol. 6. lib. 10. fol. 74. lib. 11. fol. 99. Regist. fol. 86. Where note the word Peeres signifies that no man is to be condemned or destroyed but by the lawful verdict of a Iury of 12. sworne men of the Neighbourhood where the Fact was committed because in probability Neighbours may have best cognizance of the Fact and of the life and conversation of the Party Accused And these only are Competent Judges of Matter of Fact in many cases of Matter of Law too if they will take the knowledge of the Law upon them Neither can this Petty Jury of 12. men goe upon the prisoner unlesse a Bill of Inditement containing the whole Matter of charge be first found in open Court by a Grand Jury or Enquest of sworne men who are to enquire of the Fact upon the Oathes of two lawfull witnesses at least to every material Point of the Enditement and then when the Grande Enquest are all agreed the Foreman endorseth upon the backe of the Bill Billa vera and then presents it in open Court as the Information for the King of the whole Enqueste otherwise the Enditement is quasht and nul Cookes 3. Instit. chap. High Treason and Petty Treason And whereas the Statut. saith but by his Peeres or by the Law of the Land Lex Terrae signifies The Auntient Customes of the Land Amongst which Fundamentall Customes Trials by Juries hold a principall place And when the King Charles I. accused this Parlament That they disposed of the Subjects Lives fortunes by their votes contrary to the known Laws of the Land This Parlament in their
Charge or Accusation and gave five Months time to the Respondents to make their defence And had he given lesse then five Months time To Instruct Counsell Pen their Answers produce and summon witnesses inquire into the lives conversation of their Accusors his feet had been swift to shed blood Nulla unquam de morte hominis cunctatio longa est But our Inquisitors take whole years to themselves to hunt for Matter of Accusation and hire and engage witnesses against men kept in ignorance and want with close imprisonment and allow not them so many dayes to make their Defence All manner of Accusors and witnesses though apparently suborned and forsworn in the same cause and proofes without exceptions offered to the Court that they are of infamous life and conversation are in this Court the Object of whose desires are blood and Confiscations not Iustice lawfull witnesses such witnesses were the said Bernard and Pits Monsters of man See Sir John Gels case stated Printed about August 1650. To Cite any antient known Laws or Statutes or any other then their own new coined Acts passed by this 8. Part of a House of Commons since they became elect Members chosen by Thomas Pride is to incur the High Indignation of the Court expressed abundantly in their words looks But to put them in minde of the Parliaments many Declarations to maintain the ancient known Laws Liberties and Properties of the people is to scandall the present Government and incur the Censure of that unknown mysterious Crime which knaves call Malignancy The witnesses and Judges being thus irrefragable the first may swear what they will the second may judge what they will since they are left at large and have all things in scrinio pectoris and Book Law must give place to Bench Law The Jurisdiction and Authority of this New unparalelled Court is such a Mistery of iniquity so unscrutable and unquestionable that if a prisoner scruple in the least either it or any of the uncouth proceedings of it it is a Mortall sin to him and he is presently interrupted and affronted both with disdainfull words and looks And told We are satisfied with our Authority that are your Judges so are Thieves upon the High way satisfied with their Authority that rob and murther us by Gods Providence and permission It is upon Gods Authority and the Kingdoms yet what they do is against the will of God revealed in his Scriptures and against the known established Laws Statutes and continual Practise of the Kingdome Which Authority commands you in the name of the People of England to answer them Yet at lest 9. parts of 10. of the people so much abhorre these and other their Practises that every mans mouth speakes against them with bitter curses and reproaches to restrain which they have minted Acts of New Treasons to make men Offenders nay Traitors even for bare words and erected this bloudy illegall Theater The High Court so called for its High Injustice as a Spanish Inquisition over them every mans hand would be about their ears did they not keep an Army of Janisaries to suppresse them Their Authority they do avow to the whole World that the whole Kingdom are to rest satisfied therewith You see here a Whip and a Bell provided to keep the whole Kingdom in aw the declared Supreme power of their Soveraign Lord the people must resign their known Laws to their Trustees their Representatives in parliament and take new Laws from their Arbitrary Votes or wo be to their Necks and Shouldiers I must interrupt you what you do is not agreeable to the Proceedings of any Court of Justice You are about to enter into Argument and dispute concerning the Authority of this Court before whom you appeare as a prisonner you may not dispute the Authority of this Court nor will any Court give way to it you are to submit to it It is not safe to confute a lye told with Authority Yet if a man be Endicted of Treason or Felony in the Court of Common Pleas a man may Demurre to and dispute the Jurisdiction of that Court because it is not in Criminall Causes Competens Forum nor the Judges Compentent Judges every man and every cause must be tried Suo Foro non Alieno 80 if a Peer be Arraigned in the Kings Bench And for this upstart unpresidented High Court it is no Court of Judicature at all as being erected without lawful Authority Consisting of Incompetent Judges no Records belonging to it and tending to disinherit and disfranchise all the People of England and to murder them You may not dispute the Jurisdiction of the Supreme and Highest Authority of England from which there is no Appeal The Votes of the Commons of England assembled in Parliament is the Reason of the Kingdome Oh Brutish irrational Kingdome Where 40. or 50. Anabaptisticall Members the Dregs and Lees of the House of Commons after all the best and sincerest 7. parts of 8. had been racked and purged out at the Bunghole by Cromwell the Brewer and Pride his Drayman shall be called the Reason and Law of the Land This confirms the truth of what King Charls the I. Objected to the Parliament whereof I have formerly spoken That they disposed of the Subjects Lives and Fortunes by their own Votes against the known Laws of the Land But that there should be no Appeal to their declared Soveraign Lord the people from their subordinate Trustees in Parliament is wonderfull Considering that in all Governments The last Appeal is ever to the Highest and most Absolute power But it may be they will be the Peoples Trustees in spight of their Teeth and by the power of the Sword and so free themselves from rendring any account of their Stewardship You may not Demurre to the Jurisdiction of the Court If you do they let you know that they over rule your Demerrer and affirm their own Jurisdiction Reason is not to be he heard against the Highest Jurisdiction the Commons of England make a direct positive Answer either by denying or confessing and put in immediately an issuable Plea Guilty or Not Guilty of the Charge or we will record your Default and contumacy and by an implicite confession take you guilty pro confesso immediately give judgment against you This as I told you before is it that blanches the Deer into the Toile But God deliver us from that Jurisdiction that is too high to hear Reason and that over rules Demurrers before they be heard I have told you as much of the proceedings of this Court as the Novelty Obscurity uncertainty and confusion thereof will give me leave Let me now by way of overplus give you the great dangers and slavery that will be fall all sorts of People if they tamely and cowardly suffer themselves to be deprived of their auticent legal Tryals by Endictment and Juries of the Neighbour hood then which the whole world cannot boast of a more equall
Let Parliaments leave all Causes to be measured by the golden and streightned wand of the Law and not the uncertaine and crooked corde of Discretion for it is not almost credible to foresee when any Maxime or Fundamental Law of the Land is altered what dangerous inconveniences will follow as appears by this unjust and strange Act 11. Hen. VII chap. 3. 5. This Parliament alwayes declared they bore Arms against the King in Defence of the Laws Liberties and properties of the people This way ran the whole current of their Declarations And they alwaies-reckoned Magna Charta the Petition of Right and Trials by â—uries the Chief and most Fundamental of all our Laws See their Remonstrance Therefore in their 7. Article against Strafford They charged him with High Treason for giving Judgments against mens Estates without Trials by Juries Much aggravated by Mr. St. Johns in his aforesaid Argument against Strafford And for the better preservation of Legall Trials by Juries it is provided in the Bill of Attainder of Strafford that the case of the same Earle should not be used as a President in succeeding times And in two of this Parliaments late Declarations 9 Febr. and 17. March 1648. The Parliament promiseth To preserve and keep the Fundamentall Laws of the Land for preservation of the lives Liberties Properties of the People with all things incident thereto Now to erect an Arbitrarie Lawles High Court to give Judgement against mens lives Estates and attain their blouds without Enditement found by a Grande Jury and a Triall by a Jury of 12 sworn men vicineto is a farr fouler breach of Trust in them against their Soveraign Lords the People then all they Charged the King withall and a farr Higher Act of Tyranny and Injustice then either the late King or Empson and Dudley or Strafford were accused of But if they alleage They do not put down Juries in Generall but onely in some particular mens cases upon Necessity I Answer That we are all born Freemen of England alike That our Auntient known Laws Lawes Courts and Trialls by Juries are our Inheritance equall alike to all And one Party or part of the People ought not to be disherited disfranchised or forejudged no more then another No man can be said guilty of any Crime untill he be legally convicted sentenced the Lawe must first go upon him condemn him Vbi lex non distinguit non est distinguendum If we do not live all under one Lawe and forme of Justice we are not all of one Common-wealth See the afore mentioned Gentlemans Argument against the Speciall Commission of the Court of York For Necessity Our present power is under none but the fears and terrors of their own guiltie consciences No apparence nor probability of any enemy by their own confession nor can they pleade in their excuse a Necessity which they have brought upon themselves I know some Kings have de facto used the Animadversion of the Sword to cut off such powerfull and dangerous Persons as could not safely be called to account by the Law so died Joab Adoniah c. For which the rule is Neminem adeo eminere debere ut Legibus interrogari nequeat qui Jus aequum ferre non potest in eum vim haud in justam fore No man ought to advance himself above the powers of the Law He that will not submit to equall Right if he be cut off by violence suffers no wrong But this is to be understood of the Eminency and greatnes of the Person not of the greatnes of the Crime whereof no man is to be forejudged because a great Crime may prove a great Calumny untill a Legall Triall have adjudged it But there is no Person in England so eminent for power or Authoritie but that the least of Bradshaws Ban-dogs can drive him to the Slaughter-house and make him offer his throat to Keeble Therefore Animadversio Gladii if at any time lawfull is now unlawfull To make great examples upon men of little power is great Injustice But the way of this Court is not Animadversio per Gladium It is a Mocking a Counterfeiting an Adulterating and Alchimisting of Justice it is to falsifie her waights and Ballance and steal her Sword to Commit Murder withall 6. By the knowne Lawes Matter of Fact is entrusted to the Jury Matter of Law to the Judges to prevent all Errors Combinations and Partiallities The Judges are sworn to do Justice according to the Lawe The Jury are sworne to finde according to their Evidence But in this High Court the Commissioners or Judges are all packed Confiding men chosen by and out of one Party to destroy all of a different Party They usurp the Office of Judges not being sworn to deal well and lawfully with the People as by the said Stat. 18. Edw. III. nor to do Justice according to the Lawe But onely to execute powers given by the said Act 26. March 1650. And they arrogate as Jury-men to be Triers of the Fact without being sworn To find according to Evidence So that they are Judges Juries and Parties and for ease of their tender Consciences without any Oath of Indifferencie A most excellent Compendium of Oppression They may go to the Devil for Injustice and not be forsworn Great is the Privilege of the Godly 7. The Prisoner may except against his Jurers either against the Array if the Sheriff or Baily impannelling the Jury be not wholly disingaged and Indifferent both to the cause and to the Parties Prosecuting and Prosecuted Or against the Poll he may Challenge 35 peremptorily and as many more as he can render Legal Cause of Challenge for As for defect of Estate or other Abilities or for Partiality Disaffection Engagement Infamy But this Array of Jury-men-Judges A Medley so new we knowe not how to expresse it though picked and empannelled by an Engaged Remainder of the Commons and obnoxious to all exceptions must not be challenged their backs are too much galled to endure the least touch Take heed you scandall not the Court cries Master Atturney See Col. Andrewes 3 Answeres 8. Many Exceptions in a Legall Triall are allowed against Imperfections Uncertainties and Illegallities in the Bill of Enditement for the advantage of the Prisoner But no Exceptions are allowed against these Illegal Articles of Impeachement which are made uncertain intricate obscure and ambiguous purposely to pussle confound and entangle the Respondent 9. By the Lawe a Bill of Enditement must have two full and cleere lawfull witnesses to every considerable Matter of Fact both at finding the Bill and at the Triall Cookes 3. Instit. pag. 25. 26. And Probationes debent esse luce clariores Proofes must be as cleere as the Sun not grounded upon Inferences Presumptions Probabilities And the Prisoner must be Provablement Attainte saith the Stat. 25. Ed. III. chap. 2. Cookes 3. Instit. pag. 12. The word Atteinted shews he must be legally proceeded
his present Answer and Salvo may be accepted and registred Eusebius Andrewes The Second Answer of Col. Eusebius Andrews Esquire To the Honorable The High Court of Iustice 1650. THe said Respondent with the Favour of this Honorable Court reserving and praying to be allowed the Benefit and Liberty of making further Answer if it shal be Necessary In all humblenesse for the present Answer offereth to this Honorable Court That by the Letter and genuine sense of the Act entituled An Act for establishing an High Court of Justice The said Court is not qualified to try a Freeman of England such as the Respondent averreth himself to be for life in Case of Treason For that 1. The said Court is not Constituted a Court of Record neither hath Commission returnable into a Court of Record So that 1. The State cannot upon Record and but upon Record cannot at all have that Account of their Freemen which Kings were wont to have of their Subjects and States exact else where at the hands of their Ministers of Justice 2. The Freemen and those who are or may be concerned in him can have no Record to resort to by which to preserve the Rights due to him and them respectively viz. 1. A writ of Errour in case of erronious Judgment 2. A plea of Auterfoies acquit in case of new question for the same fact 3. An Enlargement upon Acquitall 4. A Writ of Conspiracy not to be brought untill Acquitall against those who have practised to betray the life of the Respondent 1. The Writ of Errour is due by presidents Paschae 39. Ed. III. John of Gaunts Case Rot. Parliament 4. Ed. III. Num. 13. Count de Arundells Case Rot. Parliament 42. Ed. III. Num. 23. Sr. John of Lees Case 2. Auterfois acquit appears by Wetherell and Darleis Case 4. Rep. 43. Eliz. Vaux his Case 4. Rep. 33. Eliz. 3. The Enlargement appears by Stat. 14. Hen. VI chap. 1. Diers Reports fol. 121. The year book of Ed. IV. 10. fol. 19. 4. The writ of Conspiracy by The Poulters Case 9 Rep. fol. 55. This Court is to determine at a day without account of their proceedings and have power to try judge and cause Execution but not to acquit or give Enlargement So that the nocent are thereby punishable the injured betrayed not vindicable Which are defects incompatible with a Court of Justice and inconsistent with Justice it self and the honor of a Christian Nation and Common-wealth 2. The members of this Court are by the said Act directed to be sworn 1. Not in Conspectu populi for the Freemans satisfaction 2. Not in words of Indifferency and obliging in equality 3. But in words of manifest partiality viz. You shall swear That you shall well and truly according to the best of your skill and knowledge execute the severall powers given you by this Act 1. If the Court be Triers and Judges too it is humbly offered by the respondent that it is but reasonable that they should be sworn as Triers in the sight of the Freeman who shall be upon his Triall 2. And That as Justices of Oyer and Terminer They being authorised to hear and determine by the words of the Act. They should take an oath such as is usual equal set down E. III Viz You shall sweare That well and lawfully you shall serve our Lord the King and his People in the Office of Iustice c. And that you deny to no man Common Right 3. Or that this Court taking Notice of such high matters as Treason upon the guilt wherof the Freemens life depends should take an Oath at least as equall as a Iustice of the Peace Daltons Iust. of Peace fol. 13. the words are I A. B. do sweare that I will do equall Right c. according to my best wit cunning and power after the Laws and Customes of the Land and the Statutes thereof made c. 4. If the Court will be Judges and Triers too for they have power given them to conclude the Freemen by the opinion of the major number of twelve holding some resemblance but with a signall difference with the verdict of a Jury it were but reasonable that they should take an Oath correspondent to that usually administred to Iury-men The words are You shall well and truly try and true deliverance make betweene the Keepers of the Liberties of England and the Prisoner at the Bar according to your Evidence So help you God c. 5. When this Court as it is now constituted hath condemned a Freeman by applying their skill and knowledge to the power given them whether justly or not the Oath injoyned them by the Act 26. March 1650. is not broken literally as to be exactible by man though God will have a better account And therefore upon the whole matter premised The Respondent saving as before averreth for Law and Reason This Court by the words of the Act constituting it is not qualified in respect of the objected defects to passe upon him for life in case of Treason And praies this his 2l Answer may be received with the Salvo's and registred Eusebius Andrewes The third Answer of Col. Eusebius Andrews Esquire to the Honorable The High Court of Justice 1650. THe said Respondent with favour of this Honourable Court reserving and praying to be allowed the benefit and Liberty of making farther Answer if it shall be necessary in all humbleness for present Answer offereth to this Honorable Court 1. That it is his Right if he admit this Court to be duly and legally established and constituted as to their being a Court to be tried by his Peeres men of his own condition and Neighbourhood 2. That it is within the power of this Court by the Letter of the Act 26. March 1650. Or at least not repugnant to the Act to try him by such his Peeres c. 1. That it is his Right to be tried only so appeares by Mazna Charta chap. 29. 25. Ed. 3. chap. 9. 28. Ed. 3. chap. 4. 42. Ed. 3. chap. 3. 25. Ed. 1. chap. 1. and 2. 25. Ed. 3. chap. 2. and 4. 37. Ed. 3. chap. 18. By all which this Right is maintainable And the Proceedings contrary thereunto will be held for none and to be redressed as void and erronious So that if the Lawes and Courts were not obstructed in the cases of some sort of Freemen of England the whole proceedings contrary to these Lawes without a Jury of his Peeres were avoidable and reversable by Writ of Error as appeares by the Presidents vouched in the Respondents 2d Answer 3. That it is in the Courts power To try the Freeman and consequently the Respondent by a Jury of his Equalls The Court is humbly desired to consider the words of qualification 1. The Court is authorised To hear and Determine and so if at all Commissioners then Commissioners of Oyer and Terminer and such Commissioners in their naturall Constitution and practicall execution do
proceeed against Freemen according to Law by a Jury of their Peeres and not otherwise 2. Authorised to proceed to Triall Condemnation and Execution But not restrained to the manner limitative As to Triall by the Opinion of the Court as Triers Nor exclusive As to Triall per pares But is left in the Manner as in the Judgement it self To the Opinion of the major part of 12. and if they shall think fit to try by a Jury it will be no offence against the Act there being no prohibition to the contrary And though this Respondent insisteth upon his said Right consisting with the Courts said power and the more to induce the Court to grant him his said Right He humbly representeth the wrong done to himself and in him to the Freemanzy of England in the following particulars against their just Rights depending upon such Trialls to be allowed or denied 1. Challenges to his Triers peremptory or with cause of Challenge 2. Seeing hearing and Counter-questioning the witnesses for clearing of the Evidence in matter of Fact and Circumstance 3. The being convicted or acquitted by a Full and fully consented verdict To all which benefits as his undoubted Right and the Right of all the Freemen of England the Respondent maketh claim by these Reasons Laws and Presidents following 1. The benefit of Challenges by the learning of Stanford in his Pleas of the Crown Title Challenge fol. 150. To Challenge 35. without Reason shewed and with Reason shewen without Number Adjudged 32. Hen. VI in Poinings case abriged by Fitzherb Tit. Challenge fol. 26. allowed in Hillary 1. Iac. Sâ— Walter Rawley and Brooks 2. To the hearing and questioning the value and weight of the witnesses The Laws are plain in Stanfords pleas of the Crown fol. 163. 164. Stat. 1. and 2. of Phil. and Mary Chap. 10 11. 1 Ed. VI chap. 12. Cookes 3. Institut pag. 12. upon the words in the St. 25. Ed. III. chap. 2. Provablement atteint Because the punishment was heavy the proof must be punctuall and not upon presumptions or Inferences or streins of wit nor upon Arguments simili or Minori ad Majus c. But upon good and clear proofs made good also by the Stat. 1. Ed. c. 6. 19. Ed. c. 1. 3. A verdict by Jury passeth from all or not at all In this way of proceeding by the Court immediatly it passeth by way of concurrence or voting the great fault found with the Star-Chamber and all Commissionary Courts proceeding without presentment or or Enditement 4. A Verdict passeth from a Jury before discharged upon their Affairs of busines or supplies of Nature to prevent corruption by mony or power In this way of Triall a man may be heard to day and a Sentence given at leasure when the power and will of those by whom the Freeman is prosecuted be first known And from such a proceeding this Respondent can hope little equality he being to his knowledge forejudged already by them And therefore if at all this Honourable Court think fit to proceed to a Triall of this Respondent he claims the Benefit of Triall per pares by Evidence viva voce And rests on the Opinion of the Court saving as formerly Liberty of farther Answer if over ruled And prayes that this his Answer and Salvos may be accepted and Registred Eusebius Andrews Vnumquodque conservatur eodem modo quo fit In novum regnum vi armisque partum redigere atque aliis Novis legibus domanere ac guginare Beberum Meteran in anno 1567. Roidan in anno 1566. Iohn Fraunces Petit. Thuanus Petitioning against Innovations in Government and for the knowne Laws made Treason the like the Parliament Practiseth against such as Petitioned for Peace by accommodation And against our High Court of Justice Arbitrary Imprisonments and Taxes We have forfeited our laws by Conquest or else our Grandees would not passe the two Acts for Treason 14 May 17 Iuly 1649. Nor erect the High Court of Iustice and abolish out ancient Laws and Government See Pol. 3. Oct. 1650. and the Case of the Kingdom stated Compare this with the two Acts for New Treasons 14. May 17. July 1549. and the Act 26. March 1650. and Sr. Jo. Gells case stated Our High Court of Iust. exceedes all this See Sr. J. Gells case stated Printed Aug. 1650. In their Tax Rolls they usually set in the Margent to every name private notes of distinction An M. an N or P. The letter M. stands for Malignant he that is so branded is highly taxed and his complaints for redresse slighted N. stands for a Neuter he is more indifferently rated and upon cause shewn may chanâ—e to be relieved The letter P. signifies a perfect Parliamentarian He is so favourably taxed as he bears an inconsiderable part of the burden and that they may the better consume with Taxes and want all such as do not concurre with them in the height of their villanies The pretended Harliament are now debating to raise the Monethly Tax to 240000. lib or to deprive every man of the third part of his Estate both Reall and Personall for maintenance of their immortall warres and short lived Common-wealth Besides Excise Customes Tonnage and Poundage Freequarter finding Arms and Horses and the sale of Corporation Lands now in agitation Whilest our Grandees enrich all the Banks of Christendome with vast summer raised by publick theft and Rapines See Stat. Recognition 1. Iac. The Oaths of Allegegeance Obededience and Supremacy and all our Law Books This Stat. 25. Ed. III. e. 2. S. Johns against Strafford calls the security of the people And the Stat. 1. Hen 4. chap. 10. Ed. VI Chap. 12. 1. Mariae J. ratify and highly commend They have converted our ancient Monarchy into a Free-State and tell us they are the strate They tell us they have bestowed Liberty upon the People but they and their petty faction onely are the People All the rest of the English Nation are annihilated and reduced to nothing that these fellows may become all things Meere ciphers serving onely to make them of more account And this grosse fallacy must not be disputed against least their New Acts of Parliament call it Treason 1. A Collusive Accommodation 2. An intened Massacre 3. The Engagement 4. The High Court of Iustice See Stat. 5. Ed. VI chap. 11. Cookes 3. Inst. pag. 26. Witnes about 3000. Scottish Prisoners of Warre starved to death at Durham where they eat one another for hunger These were taken at the battle of Dunbar An. 1650. 3. Sept. and many hundred Prisoners have been murdered in Goales with hunger cold nastinesse and contagion after they have been robbed of their Estates and no Crime laid to their Charge This is now become a dayly practise See the Triall of K. Charls I. in the History of Independency 2. Part. p. 19 c. See the Additionel Post script at the Latter end of this Book See Col. Andrews 3 Answers VVhere there is but one witnes It shall be tried by combat before the Earle Martial Cook ibidem 10. Dec. 1650. a New Act passed for establishing an High Court of Justice in Norfolk Suffolk Huntington Cambridge Lincoln and the Isle of Ely c. And so by degrees this gangrene shall enlarge it self all the Kingdom over * They forget the 2. Declarations 9. Febr. 17. March 1648.