no man knowes how to call them to account unlesse they deal with them as the Romans sometimes dealt with their Senators or as the Switzers dealt with their 〈◊〉 for the money is the Kingdomes and not the members of the House of Commons and the Kingdom 〈◊〉 in Justice reason and â—ight to have a publique punctuall and particular account of it and therefore it ought not to be in the hands or fingers of those that are able to make so great a faction as are able to protect themselves from justice and an exact account O that that gallant man L. G. Cromwel to whom the Kingdom for their preservation under God oweth so much would a little more deny himself and cease to be a stalking horse and a dangerous president of most dangerous consequence to these wicked mercinary pluralists non residentary great place men for whom an Hospitall of any consequence cannot fail but they must be governours of it nor a petty place in the petty-bag office but they must get into it which men if the Kingdome would rightly consider it have just cause to disclaim as none of their patrons but proclaime as their enemies and destroyers being only pecuniary self seekers For so long as parliament men can get into their hands the riches and treasures of the Kingdom and live like Kings and Emperours and like lawlesse men none such being of Gods creation for he never created a lawlesse man there will never be an end of this Parliament which by its everlasting continuance by the abuses of lawlesse and rotten hearted men Machiavels sons whose principall it is when he would destroy a State or Kingdom and deliver them into the hands of their enemies to put them upon acts of injustice oppression and invading of the peoples right which is the only way to effect their ruine and destruction will become the most absolute burthen and greatest oppression that ever was upon the people when as in times by past it used to be their onely remedy from their oppression and oppressors The thing that we wash L. G. Cromwel to consider of is this that he was chosen a Burgesse for Cambridge to sit in Parliament and not to be Lieut. Gen. of an Army both which places he ought not in conscience nor cannot in equity honesty and honour hold but either must come and sit in Parliament his proper place or else he ought to advise and permit them to chuse another Burgesse to sit in his stead which we conceive would be the greatest and best peece of service that ever he did the Parliament or Common-wealth in his life who both are in the high roade way of destruction by these mercinary pluralists great place men for to be a member of the House of Commons is enough to take up the whole and intire man without deviding it although he were five times wise then any man there appears to be and if Cromwel would do his duty herein their vail and president were taken of and laid down which would be for his exceeding honour and glory and the unspeakable good of the Kingdom Wherefore dear and beloved friend Mr. Musgrave seeing God hath given you the spirit of boldnes wisdom understanding zeal and courage lay it out more fully for the good of your Countrey and speedily present him with a home and plain Epistle for that end and we also intreat you to make some observations to him upon what you will find in the 19.20.21 pages of Englands birth-right and presse them home to him Curteous Reader At the Lord Major of London his house the 16th of this second moneth 1646. upon divers complaints made by the ministers of London against many parishes and particular Citizens for not payment of tithes and after severall daies disputations in free publick meetings at his hall between the Plantiffes and defendants by themselves and their learned Counsell and many arguments discussed on both sides it was found at last that howsoever thâ—se priests have exacted and received tithes a long time yet altogether unjustly by the law both of God and man for the one Christ hath prescribed voluntary maintenance for his pastors to feed all his flocks and for the other that statute of the 87. of H. 8. authoriseth certain Commissioners to 〈…〉 of tithes to the London Ministers and 〈…〉 order and decree shall be binding to the citizens of London in case the decree be made by such a day and inrouled in the high Court of Chancery but in case it be not inrouled there it is no law and so not binding but Mr. Nerborow the citizens counsell produced to the Lord Maior a certificate under the Registers hand that it neither is nor never was inrouled and therefore the ministers may goe whissell for their tithes Next the tithes were given to maintaine those priests who read service which none do now because the service book is abolished and so no work no wages And thirdly Though that English masse book were yet in force these black-coats now are not the men for whom those tithes were provided but onely such as were ordained by and serv'd under the Bishops which ordination and service these Priests now have not only renounced but quite deposed and rejected those their masters And so if they be to seek new masters and new work they must also seek new wages Yet it is my advice and I trow will be their best course even to worke with their hands as many better men do and not to live idley by the sweat of other mens browes Psal. 141.5 Let the Righteous smite it shall be a kindnes and let him reproove me â—t shall be an extellent oyl which shall not break mine head for yet my prayer also shall be in their calamities Proverbs 27.6 Faithfull are the wounds of a friend but the kisses of an enemy are deceitfull FINIS
ANOTHER WORD TO THE WISE Shewing that the Delay of justice is great injustice By displaying heavier grievances in petitions from severall Counties to the House of Commons and letters to PARLAMENT Men from Mr. John Musgrave Gentleman one of the Commissioners from Cumberland and Westmerland for presenting their grievances to the Parliament Who instead either of redressing those two Counties grievances or prosecuting the charge given in by him against Mr. Richard Barwis a Parliament man for betraying his trust in placing Traytors and Malignant officers in chief places of command to the apparant ruin thereof and landing of the Irish Rebels there did illegally commit the said Mr John Musgrave to the Fleet where he hath lain these 4. moneths without any justice or tryall of his businesse For refusing to answer Interrogatories otherwise then according to law by writing or to stoop unto the arbitrary and illegall proceedings of a Committee who admitteth the parties accused to sit with their hatts on and committeth the accusers to prison though they themselves doe offer to suffer if they prove not their charge by sufficient witnesses Though hand joyne in hand the wicked shall not be unpunished The righteous is more excellent then his neighbour but the way of the wicked will deceive them He that justifieth the wicked and he that condemneth the just even both these are abomination to the Lord Pro. 11. 21. and 12. 26. and 17.15 Printed in the Yeare 1646. To our worthy and much respected friend Mr. Iohn Musgrave Sir AS time that precious jewel bringeth forth the truth of all things so have we gained more knowledge of your just cause and uniust sufferings since we published your last letters and Petitions under the title of A word to the Wise for we have not only received more letters and Petitions which we have here also divulged but likewise the coppie of an order from the House of Commons against that little booke of which order the words are these Die Martis 17. Ianuary 1645. The house tooke notice of a Pamphlet intituled A word to the Wise displaying great augmented grievances and heavie pressures of dangerous consequence And it is ordered that it be referred to the Committee of Examinations who are required to make a strict inquirie after the Author Printer and divulger of the said Pamphlet and to give a speedy accompt thereof to the House Here is a word to the Wise indeed a great noise of hue and cry for a man that like worthy Nehemiah never ran away Jt is a wonder that those few men should thinke all other men blind but themselves What Butcher is so idle and undiscreet as to send his blood-hounds abroad to drive home an Ox which he knoweth is already in his own back shop Only it may be that some time he will make great search for his knife whilest it sticks in his teeth And is it not as great a wonder that they doe offer thus to search abroad for the Printer and divulger of that booke and not seeke their owne fleet prison at home for the Author Mr. Iohn Musgrave and owner of the chiefe parts thereof whose name is so eminent and often therein expressed Jt is most certaine that such dealing cannot long prosper more then Zimri did who killed his master But be of good comfort the same God who sent the Ravens to feed Eliah Ebedmelech the black-more to comfort Ieremiah King Pharoahs baker to deliver Ioseph will have the like care of you and all that stand in the gap either for religion or the just freedome of the nation Great cause have we to be jealous of many whom we have trusted with all that is nearest and dearest unto us in this world and in whose defence so many thousands of lives and such abundance of treasures have been spent and such multitudes of Widowes and Orphans left in distresse and still though persecuters and oppressors be changed yet both persecution and oppression remaines For although the Counsell-table Star-Chamber and High Commission be put down yet all the free born of this kingdomâ— doe feele the power thereof transformed in another habite and still remaining in the Committees as is too apparent by their manifold illegall proceedings to enslave us But our comfort is that though the world should turn upside downe and the mountaines fall into the sea yet it shall be well with those that feare God Fare well The Copy of the Commitment 25. Octob. 1645. Upon Mr. Lifles report from the Committee to which the Informations given in by Mr. John Musgrave and Mr. Osmotherly against Mr. Barvis a Member of this House was referred Mr. Musgrave refused to answer such Interrogatories as were propounded unto him by the Committee upon the Direction and Order of this House Resolved c. That Mr. John Musgrave be forthwith committed prisoner to the Fleet for his contemptuous refusing to answer to such Interrogatories as were propounded unto him by the Committee upon the directions of this House and that a Warrant do issue under M. Speakers hand for the Commitment of him prisoner to the Fleet accordingly Hen. Elsyng Cler. Parl. D. Com. By vertue of an Order of the House of Commons dated 25. Octob. 1645. These are to will and require you forthwith upon the receipt hereof you apprehend the body of Mr. John Musgrave and him safely deliver unto the Warden of the Fleet there to be kept prisoner for his contempt to the said House untill the said House take further order therein And the said Warden of the Fleet is hereby required to receive into his custody the said John Musgrave to be kept prisoner accordinlgy for which this shall be your warrant dated 27. Octob 1645. WILLIAM LENTHALL Speaker To the Serjant at Armes attending the House of Commons or his Deputy And to the Warden of the Fleet or his deputy I do appoint George Bragg Gentleman to be my lawfull Deputy to execute this Warrant dated 27. Octob. 1645. Edward Berkhead Serjant at Armes The 27. day of the first moneth 1646. there was a petition out of York-shire presented to the Parliament whereof the true copy here followeth To the Right Honourable the Knights Citizens and Burgesses assembled in the Commons House in Parliament The humble Petition of many thousands of the Wel-affected in Yorkshire Sheweth THat they ever looked on the Parliament as the only refuge under God in this Kingdome for the relief of the distressed Subject from Popery tyrannie and injustice and therefore have in and for the defence of Religion the priviledges of the Parliament the rights and libertie of the Subject ventured their lives spent their estates and have been plundered of their goods even to the utter undoing of many of their wives children c. That of late many of the Kings partie some who have been in Arms in open rebellion against the Parliament others who have stood as neuters waiting to side with the stronger partie and no way assisting the Parliament
For which if they should as they ought pay 500. l a peece treble damages to every party grieved according to the statute of 17. Car. made for the abolishing of the Starchamber I beleeve they would not adventure so boldly to transgresse sed impunitas continuum affectum tribuit delinquendi but neglect of punishment giveth boldnesse to transgresse Nay I am verily perswaded the whole estates of many of them would not give halfe satisfaction for the wrongs done by them That this law were put in execution against such lawlesse men is my earnest desire and daily expect the same But it seemes you are much displeased that we should impeach a member of your house why have you any priviledge to transgresse To be a Parliament man is it a good plea in Bar I ever thought this warre had been undertaken for the preservation and defence of our lawes and iust liberties and not for sheltering nor protecting any delinquents or offenders Can it stand with your honours your oaths your trusts your protestations and declarations to refuse the delivering up your delinquent members to the law to slight our iust complaints and to cast us into prison for complaining Can it stand with iustice and law for the trustees of the law to plead priviledge and exemption from the law Were not this to iustifie transgression by a law Doth not the observation of the law generally without any limitation or exemption concerne all equaly and alike Is not the practice and execution the very life and soule of the law And what saith learned Cooke neither can a iudge punish extortion who is corrupted himselfe neither any Magistrate punish any sin as he ought that is knowne to be an offender therein himselfe Therefore saith he in the same place it is an incident inseparable to good government that the Magistrates to whom the execution of the lawes is committed to be principall observers of the same themselves Cooke lib. 4. pref. Have not you complained often times expressing great griefe for that the King would not deliver up his evill counsellors and bad servants to be tryed by the law and can we expect lesse from you then you exact of others even of the King himself For my part I cannot deem them lesse then guilty to themselves who under pretence or shadow of any priviledge goe about to avoide the tryall of the law and so thinke to escape with Ioab by flying to the hornes of the Altar If Mr Lisle Chair man of the Committee where unto our cause was referred and under whose bare report without any further ground I suffer had been as truely zealous for the law as he would be accounted knowing in the law and had been as faithfull in discharging his trust by doing good offices for the publique as he hath been ready to procure by his publique place in the house contrary to the selfe denying ordinance private and profitable offices to himselfe he would not have laid our papers and informations aside to the great damage and danger of our Countrey nor so falne upon us as guiltie persons by propounding interrogatories to insnare us even before he had any direction from the House so to do he would have not misreported to the house that I contemptuously refused to answer whereas only according to law I required time to answer He would not have so contrary to law denyed to have given me and my fellow Commissioner the interrogatories nor hindered us to write them from his mouth Neither would he have refused to give us a reasonable time to have advised according 〈◊〉 the law for answer so that either he must to his shame being a profâ—ssor of the lawes plead ignorance of the law which is his best plea or else these his pracâ—â—ses doe discover him to be faithlesse corrupt and uniust and one of those to whom it is said woe to you lawyers For it appeareth by Sir Edward Cooke 2. part instit. fol. 51. that I ought by law to have had time allowed me wherein to advise for answer his words be these If any one be suspected for any crime be it treason fellony c. and the partie be to be examined upon interrogatories he may take a reasonable time to answer the same with deliberation and the examinate if he will may put his answer in writing and keep a coppie thereof and so it was resolved in Parliament in the case of Justice Ricâ—el See the record at large 1. Hen. 4. memb. 2. num 2. O yee Senatours learne wisedome and take heed how â—ee either indanger your selves or us the free borne people of England whom yee represent And though we trust you with our great affaires yet doe not you trust too much those Lawyers by whom our liberties have been so often betrayed that except some few like noble St. Johns they are all so mercinarie that even those who sit in Parliament are nor ashamed to take fees and moneyes for pleading causes depending in that high and honourable court as they doe also in all other courts of iustice in Westminster hall and how short they come in discharge of the trust committed unto them let the preceeding practice of Mr. Lile towards me now a prisoner and agent for the well affectâ—d of Comberland and Westmoreland to the Parliament beare witnesse As touching our charge against Mr Barwis and the rest it is evident that they are to be tryed at the Common law and thus I prove it the charge is for treasons committed by them against the state And in Magna Charta cap. 29 it is declared that no free man shall be taken or imdrisoned or disseised of his free-hold or liberties or free customes or be out-lawed neither will we passe upon him neither will wee sit in judgement upon him but by the lawfull judgement of his Peeres or by the law of the land and to no man will we sell deny or delay justice or right And hereby that crooked coard as saith Cooke in 2 part instit. fol. 56 of that which is called discretion appeareth to be unlawfull unles you take it as it ought to be taken discretio est discernere per legem quid sit justum discretion is to discerne by the law what is just And there he saith it is called right because it is the best birth-right that the subiect hath for thereby his goods lands wife children his body life honour and estimation are protected from injury and wrong adding the words of Citero Maior hereditas venit unicuique nostrum a iure et â—egibus quam a parentibus A far greater and better inheritance discends unto each one of us from iustice and the lawes then from our parents And in his proeme to his 3. part instit He urgeth that ancient maxime of the law Misera servitus est ubi ius est vagum vel incognitum It is a miserable bondage where the law is uncertaine and unknown And in the 24. page of the same booke he
telleth us how treasons are to be tryed saying there is another excellent branch of a statute made 1. et 2. Philip et Mar. cap 10. in these words Be it further inacted by authoritie aforesaid that all tryalls to bee had awarded or made for any treason shall be had and used only according to the due order and course of the common law which Statute is yet still in as great force as first when it was made the same never being repealed for according thereunto yee tryed the Earle of Strafford since this present Parliament began who had as good right to have challenged his priveledge and exempâ—ion from the common law if any such appeale had been as ever Mr. Barwis had or any other who so ever and which doubtlesse hee would have done and you have granted At whose tryall I was and you made use of mee as a witnesse against him where I was examined viva voce upon oath the Earle himselfe having first answered his charge according to law Whereby you may perceive it is plain and evident that this our cause and charge is not proper nor pertinent to be tryed by any Committee who are not authorized to administer an oath whereby to put an end to any controversie but altogether such courts of iustice as are inabled to begin and proceed and end in a iudiciall way per legem et consuetudinem Angliae by the law and custome of this realme For no priveledge of Parliament can hold or be pleaded in cases of treason fellony and the peace Cooke 4. part instit. fol. 15 Herein there only remaines then to be done on your parts ro give up your delinquent members to the law and we on our parts according to the same law to make good our charge by adue and legall prosecution And whereas you say that I have combined with the Scotts and drive on their wicked desigoe give me leave to tell you that I being driven into exile through the crueltie of those unnaturall vipers and traytors of my owne countrey who joyned with the popish conspirators in this great rebellion to ruine our state and countrey they thirsting after my blood and thinking to devoure me profered large sums of money to such as could apprehend me I was forced to fly for my life not being able of my selfe to resist their fury After these your Committee men with us had shamefully desarted me and this iust cause of the kingdome and adhered to the enemie I having then no other way open nor apparent meanes to escape with much difficulty and more danger got by Gods good providence into Scotland where I indured no small tryalls and troubles through the malignancie of some of their Ministers and such as they sturred up against me taking occasion upon my non conformitie and refusall to come to their assemblies and high places unto which I could not submit nor ioyne my selfe But after much and long strugling and contention with these Ministers in the meane time labouring to walke inoffensively towards them and all others in all other things by the private meanes and secret intelligence of some of my faithfull friends in England then in bonds for the Parliaments cause I discovered severall designes of the enemie and our gentry against that state for which I found such favour from the Magistrates there that the governour of Drumfreis did take me under protection and defended me from the persecution and violence of my adversaries there wherein he shewed himselfe to be truly noble and for which I cannot but acknowledge my selfe to be much bound unto him yea and the more in that neither I nor any of my iudgement have received the like duty of love at home notwithstanding the discoveries and all the faithfull services we have done neither sparing our blood nor regarding our estates for the good of the publique After the reducement of Cumberland by the Scottish horse upon my returne thither from Scotland being in exile a yeare and a halfethere some of Mr. Barwis favourers bosome friends who knew me in Scotland and of the good service I had done there threatned to root out me and all of my iudgement in our countrey Neither did Mr. Barwis himselfe regard any honest man there though here as I am informed he pretends to be an Independant but hâ—ld up and countenanced the booke of Common prayer that English masse notwithstanding all his solemne oaths covenants and protestations against it and likewise did put in the greatest places of trust and command with us traitors and malignants and men disaffected to the publique good of this kingdome All his owne kinred being such whom he thus endeavoured to promote and make great whâ—rof we complaining to him were altogether slighted and those our enemies his friends kindred and allyes borne out and continued by him in their authorities neither would he give us any kind of assistance for â—eleiving some honest and godly men who had been kept long and were then still prisoners in Carlile by the enemie for the Parliaments cause and who afterwards by the helpe of the Scotts were relieved out of prison whiles I was at London soliciting this our countries cause some of them being of the separation Sir I was the last Winter here in Town above 3. moneths expecting that Mr. Blaxton one of the Burgesses for New-Castle according to his undertaking would have preferred my petitions and charges against Mr. Barwis and other enemies of our Countrey which he did not And upon my return to the Country Mr. Blaxton promised that in my absence with the first opportunitie he would present to the honourable house of Commons those my petitions and countrey grievances wishing me to encourage my Countrey men to presse on our just complaints and he would bee assisting unto us and likewise I solicited some of the Committee of both Kingdomes at Goldsmiths Hall namely Mr. Moyer and Mr. Allen now a Parliament man who also promising much but after 5. weeks attendance upon them by their owne direction they performed nothing Where by the way I desire you to take notice that in all this time whiles I thus attended with great wearinesse much discouragement and no small expences I did not so much as interchange one word with any of the Scots Comissioners neither was I known to any of them by face But upon our returne againe from our Country to present our grievances with severall Letters to Mr. Blaxton to that purpose we found him changed and become our adversary which did not a little trouble us in respect of the interest which we conceived we had in him But afterwards by means of one Mrs. Glancrosse a gentlewoman well known to many of our friends of the Separation after we had beene in Town sundry weeks were made known to the L. of Wariston one of the Scottish Commissioners who upon perusall of our severall charges against those our adversaries did promise that he would use his endeavour to get the same
presented to the House which not many daies after hee did accordingly And thus as my ends and intentions herein were reall and honest so I hope the means which I used to attaine thereunto were no wise unlawfull nor indirect But as I cannot flatter neither give vaine titles to any so I hold it ignoble and base to bee ingratefull either by neglecting such persons or not acknowledging such favours and the rather that they proceeded from strangers when as my owne Country men who both of duty and by oath were bound unto us so unworthily so long delayed and at last refused so that they both neglected us and sleighted our cause and Country Let others say and do what they please as I am not ashamed to owne and acknowledge favours received from my noble friends so for my part as Lieut. Col. Lilburne speaking of the justice done to him by the House of Peers saith in his book intituled Innocency and truth justified Pag. 75. I am resolved to speake well of those that have done mee justice and not to doubt they will deny it me till such time as by experience I find they doe it Sir if I had found the like timely justice from you I would neither have had so much cause thus to complain nor to have been so much beholden to strangers whom the Parliament have still accounted friends And if you for your own part had beene as tender of your friends to whom you professe kindnesse and to your Country to whom you owe duty as I have alwaies been and still am ready to approve my selfe at all times in all faithfullnesse to my Country and forwardnesse to promote their just cause wherewith I am intrusted and which hath purchast no small envy of the great enemies of our Countrey I do verily beleeve that some of your suffering friends in the like condition with me who have relyed so much upon you had not been so frustrated in their expectation and driven to so great straites as to seek that comfort which you professed and might with ease have afforded And you would have been more ready to have vouchsafed your assistance to have brought Traytors and enemies to the common wealth to condigne punishment according to your severall oaths protestations and subscriptions and would have beene ashamed that traitors â—â—ould have walked at large in London streets whilst your cordiall friends their prosecutors are cast and kept by you in prison for no other cause wherewith they can be iustly charged but for that they stand for the lawes and iust liberties of this kingdome neither would you have been so censorious to condemne that man whom the wel-affected of his countrey have thus intrusted and on whom they doe still relye and against whom you know nothing but bare and groundlesse reports and under hand calumniations which no iudicious generous nor truly honest man will beleive yet if you be not resolved against knowledge to act or if there be any hope to recover and bring you to a right understanding of our countreys cause my earnest desire is to undeceive you if possibly I can and have the more inlarged my selfe the better to informe you of the true state thereof And I doe assure you if I may have iustice done me by mine owne countrey men I will never seeke unto strangers for it was no small griefe unto me that from none of mine owne nation I could obtain so much favour neither by intreaties nor recommendations as to present the iust complaints of two counties which so much concerned the weal and safety of two kingdomes but was driven to that extremitie even to have returned home to our owne Countrey which is nigh 300. miles distant without any hope of so much as getting a petition presented to the House of Commons if by meanes under God of the Lord of Warriston to whom before I was never known by face those our grievances by petition and articles had not been put up to the House By all which passages you may perceive how wickedly I am dealt with and traduced by the friends and favorites of our and our Countries enemies so that I may truly say that the slanders of my adversaries is more quicke then any martiall law for by them I have been arraigned condemned and executed all in one instant if in a mans good name doth consist his life and honour your selfe being iudge However give me leave to tell you if I may obtaine that favour from you as to mediate for me into the house of Commons and in my behalfe to present unto them this petition here inclosed to the intent my countries iust cause may be put into a way of tryall And whatsoever my adversaries say I will engage my selfe in the behalfe of my countrey to prosecute the same to a full period and make good our charge against them or otherwise as I have formerly offered by my letter to Mr Speaker to undergoe such penaltie and punishment as by the rigour of the law may be inflicted upon me And in the meane time J would have my adversaries to understand that I am nothing cast downe though layed and kept by their meanes in prison but still relying upon God and the strength and truth of my cause and the iustice of the Parliament am resolved though freedom were made capitall and truth accompted never so offensive not to relinquish nor desert the iust cause of my countrey but in all loyall obedience to authority my endeavours shall be to performe that duty which I owe to my countrey and discharge that trust they have committed unto me Yea and to my utmost power by all lawfull wayes and meanes according to my oath and protestation to set my selfe against the factions and attemps of the adversarie in the defence of the lawes and our iust liberties wherein I shall not spare to spend my selfe and put to hazard whatsoever is nearest and dearest unto me and so I wish you may account it to be your honour whom we have honoured to chuse as our trusties to sit at the helme of this our tossed ship in such an ocean of tempestuous waves even to execute righteous iudgement as yee wish to come to a faire haven and as ye labour to destroy your cruell enemies so to protect your trustie friends who have in all assaults and extremiteis never relinquished you nor the common cause of this distressed kingdome thus hoping yee will all unanimously use your best endeavours to deliver us your selves and the posteritie from all the bondage and oppression which is now exercised over this bleeding nation and restore us to our ancient liberties at least which our ancestors by their blood so dearly purchast that henceforth we may injoy peace and truth with the administration of iustice which is the earnest sute and fervent desire of Your faithfull friend in all due respects John Musgrave Sir I forgot one thing which I desire to be cleared which is the Scottish wicked designe
from the Chancery where the suit is depending but by the potency and policy of some he was so pursued even after he was last released that he could not walk London streets for diversity of Bayliffes who were ready awaiting upon all occasions to arrest him whereupon he was forced to return to his Countrey and the said Iustice Whitaker before I was committed to the Fleet whilst we both were to attend on that Committee whereof Mr. Lisle is chair man issued out his warrant to search my chamber for suspected papers against the State and to attach my body by vertue wherof my chamber was searched in the night time and my self apprehended and brought before the Committee of Examinations and kept under a messengers custody eight daies before I could procure a discharge and when I was brought before that Committee thâ—â— had nothing to lay to my charge but did propound interrogatories as I conceive to insnare me All which practises did and do tend to the obstruction of our Countrey busines if not to the ruine of the Countrey it self had not some of the Scots forces prevented the incursions of Digby and Longdale and they that had the chiefest command in martiall affairs against whom we complain doing nothing considerable to preserve the Countrey though they had command and power to have done what was needfull and many of them since my imprisonment have come to London to compound for their delinquency and treasons paying some part of that whereof they have wronged the Countrey and not making any reparation to the poor oppressed people Therefore my humble request is that I may be permitted according to law to answer and I doubt not but to clear my self of that supposed contempt for which I was committed and that my Countrey busines may be put into a speedy way of tryall and that those whom this honourable House according to the fundamentall lawes of the land have declared to betraytors and such as kept correspondency with them may be put upon due tryall at common law and justice no longer sold denyed nor delayed and that their lands and estates according to law seized upon and reparations made out of the same to the parties wronged and such men as are and have been the Parliaments friends the well affected of the Countrey may be put in places of trust and command And as I am in duty bound so shall I praise God and pray for you The Postscript CVrteous Reader thou maist very much wonder at the delatory and slow proceedings of the House of Commons in doing justice and right from whom the Commons of England may justly expect more then from any other Judicatory being they are imediatly chosen by them and to 〈…〉 no more but their stewards and servants for whose good and benefit all their actions ought to be extended and ought in honesty and right to have but one and the same interest with them but no distinct self-interest from them Yet by their proceedings daily we see it is in vaine to expect justice from them so long as they are so linkt and glude in factions each to other by their private interests in their great places which ties all such amongst them to maintain one another in all their unjust waies and to oppresse and crush as much as they are able all the prosecuters of just and righteous things and so to barre and stop justice that it shall have little or no progresse divers of them and their creatures sons brothers unkles and kinsmen and allies in the sub-committees having already committed so much injustice that they are undone in their blazed honour and ill-gotten estates if justice should run in its native lustre and full current and of necessity they and their great places would quickly be destroyed O therefore that the freemen of England had but their eyes open to see the mischief of members of the House of Commons men of their own election chusing to sit in the supream Court of England to be intangled themselves or intermeddle with any other place whatsoever then that whereunto their Countrey have chosen them what a shame is it to see the mercinary long gown-men of the House of Commons to run up and down like so many hackney petty foggers from bar to bar in Westminster hall c. to plead before inferiour Judges and to ingrosse and monopolize the greatest part of the practise of the law from other poore lawyers although divers of these Parliament grosses be recorders of Corporations besides who ought in Conscience and reason to give way to their Corporations to chuse new Recorders in their places for how is it possible that they should serve the Parliament as members thereof and their Corporations as Recorders at so many miles distance and at one and the same time And besides how can such great practisers chuse but mercinarily be ingaged to helpe their clyents over a stile in case that ever they have to do with any of their owne Committees and what is this else but to sell justice for money Besides what a snare is it to the new Judges who are placed in the room of those that have bought sold and betraid the lives liberties and estates of all the free denizons of England witnes their judgement in ship mony c. to see 3. or 4. eminent lawyers members of the House of Comons come before them in an unjust cause when they consider that if they should displease them it partly lies in their power to turn them out of their places being they are as it were wholy made Judges by the House of Commons and nominated by the Lawyers therein We professe seriously that to pull the gownes over these mercinary mens eares and forever to throw them out of the House of Commons as men unfit to sit there or to plead at any barre in England is too little a punishment for them the scum of mankind and the same we conceive do they deserve that are members of that House and take upon them to sit as judges in inferiour Courts by means of which they rob the Freemâ—n of England of the benefit of an appeal in case of injustice because they have no where to appeal to but the Parliament where they sit as judges in their own cause which is a most wicked intolerable and unjust thing in any judge whatsoever We hope shortly that if these men be not ashamed of their evil herein some honest and resolute hearted Englishman will be so bold as publiquely to post up their names as destroyers of the Kingdom And as great an evill is it to the Kingdom for members of the House of Commons to take upon them to be fingerers and treasurers of the publique money of the Kingdome because they are thereby in a condition to fill their own coffers and do what wrong they please or else how comes it to passe that so many of their children are so richly married of late that were but mean before and