Christendome with vast summes raised by publick Theft and Rapines Pressings and Leavying of Souldiers Sequestrations Plundering of Houses and Horse and many other oppressions more than the Turke Russe or Tartar 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 Designs and the Ministers thereof but Hostlers to rub down curry and dress 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 machinations they pass 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 Chimcks Doctour Fairfax Doctour Cromwel 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 perpetual 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 Royal Assent any statute law custome or usage to the contrary notwithstanding 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 Laws 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 war or to bear 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 Arms against this Parliament and is therefore guilty of all the blood shed this War 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 Trial 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 lawful 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 bottomless Chaos of their Arbitrary Domination They erect an Extrajudicial unpresidented High Court of Justice to Try or rather to condemn without Trial the King consisting of 150. Commissioners Souldiers Parliament men Trades men the most violent engaged and factious incendiaries of all the Antimonarchical 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 See Stat. Recognition 1 Jac. The Oaths of Algiance Obedience and Supremacy and all our Law-books as a reward for that Royal Blood 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 inundation of bloody thievish Tyranny and Oppression brake in upon us So that no man can call his life liberty house lands goods or any other his Rights or Franchises his own longer than the gracious aspect of some of our Grandees 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 thereto They pass misbegotten Acts of Parliament This Stat. 25 Ed. 3. c. 2. S. Johns against Strafford cals the security of the people And the Stat. 1 Hen. 4. cap. 10. Ed. 6. cap. 12. 1. Mariae 1. ratifie and highly commend one of the 14. of May another of the 17. of July 1649. whereby in derogation and annihilation of that excellent Stat. 25 Ed. 3. 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 well as deeds within the compass of that offence and making many duties to which the laws of God the land the Protestation Covenant the oaths of allegiance obedience 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 pretended Acts. 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 They have converted our ancient Monarchy into a Free-state and tell us they are the State They tell us they have bestowed Liberty upon the people but they and their 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 Meer ciphers serving onely to make them of more account And this gross fallacy must not be disputed against lest their New Acts of Parliament call it Treason 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 general 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 eares in sin therefore to be confided in to these
we could enjoy nothing but as the will of any number of men that shall call themselves The People And upon the same ground that those that shall subscribe this Agreement may call themselves the People may those that shall refuse to subscribe call themselves the People and upon far better grounds as being farre the more numerous and standing for defence of those ancient Lawes which do constitute the People and Common-wealth of England which will breed infinite confusions and divisions and what those that call themselves the People now agree to they may alter upon the next change of humour or interest 2. The inconveniences of the present Government have not yet been plainly discovered nor no Trial hath been made by the present knowne legal power of England whether those inconveniences may not be removed without subverting the present Government and introducing so totall a change as will be very dangerous and grievous to all sorts and conditions of men 3. In the Protestation May 5. 1641. and the Covenant Septemb. 27. 1643. we are bound to defend Parliaments and to oppose and bring to punishment all such as shall endeavour the subversion of Parliaments which this Agreement cleerly doth 4. This Agreement encroacheth desperately upon the liberty of the People of England in the Election of this Representative depriving them that have constantly adhered to this Parliament as wel as the Kings Party if they cannot in conscience subscribe it from Electing or being Elected yet they shall have Laws and Taxes imposed upon them by Subscribers who are the least and the least considerable party of the Kingdome and upon whom they conferre no trust which is to disfranchise the Nonsubscribers and reduce them to the condition of Conquered Slaves It is a knowne Maxime in Law Quod omnes tangit ab omnibus tractaeni debet what concernes all men must be debated and agreed to by all men either personally or representatively 5. It will raise factions and feuds between the Subscribers and Non-subscribers of the Parliament party 6. It takes away Magistracy and Government not onely by placing such a Supreme power over them as is disputable nay apparently illegal But by making the heady multitude the People supreme Judges over the said Representative for although it inflicts the penalty of death upon the Resisters of their Orders yet is with this salvo except such Representative shall expresly violate this Agreement which makes every man or number of men that shall get power into their hands Judges of it nor is there any other Judge designed and if there were who shall judge that Judge sic in infinitum the legal supreme Trust of all publique interests being taken away our vagabond thoughts wander in a circle not knowing where to repose our trust all Judges all Councels may erre but the rascal multitude are the very sinke of errors and corruptions If therefore the Supreme the Representative have so unstable an authority what shall the subordinate Magistrate acting under them have 7. It smels so much of the Jesuite that it tolerateth Popery in private Houses contrary to the knowne Lawes of the Land Popery like the old Serpent if it once get in the head will soon insinuate the whole body being so well backed by Potent Princes and Councels from beyond Sea And truly I know not what to say against Popery where Heresie Schisme Atheisme and Blasphemie are openly tolerated and exempted from the power of the civil Magistrate as in this Agreement 8. It will lose Ireland the managing of the Warre there being legally in this Parliament by Act passed not in this newfangled Representative 9. It divides us from Scotland 10. It destroyes the Cause for which the Parliament so often Declared Voted Protested and Covenanted that they fought viz. Defence of Parliaments Religion Lawes and Liberties and bestowes the Cause upon the King as if He only from the beginning had fought for them which all men have reason to believe when they shall see the Parliament make such ill use of their Victory as to root them all up And this and all other Parliament-Armies were Commissioned to preserve this Parliament by this Authority they have their Pay and Indemnity without which they are Thieves Rebels and Murderers 11. It demands that there be no Lawyers nor Lawes but new Rules in English to be made from time to time by the new Representative who are to be chosen and trusted onely by a small faction of Subscribers as hath been said according to which justice shall be administred not by Mayors Sheriffs Justices of the peace Officers alwaies ready but by hundred Courts who are to supply the roome of all the Judges and Lawyers of the Kingdome and all this to lie in the brests of 12. Men in every Hundred of the Tribe of the Godly be sure who peradventure can neither write nor read nor have responsible Estates to satisfie wrongs done these shall doe justice by providence and revelation 12. It destroyeth all great and publique Interests and therefore cannot stand Kings Lords Souldiers Magistrates Parliaments Lawyers Ministers who will oppose it because it confounds and destroyes Religion and depriveth the Ministery of its lot Tythes stopping their mouthes with famine purposely to cast them off and generally all men of quality and discretion will withstand it because it gives no security for enjoyment of liberty and property nor for increase of learning civility and piety who then are left to owne and subscribe it but desperate forlorne Persons who because they cannot bring their actions under the protection of our present Laws and Government will bring the Laws and Government to their own corrupt wills and interests and therefore will signe this Agreement no obedience being given to this Representative but upon condition that they kept this Agreement and their being no other Judges of their keeping it but the Subscribers who in the result of all hath the Law in their owne Wills 36. This Agreement of the People was condemned by the House of Commons 9. Nov. 1647. This Agreement of the People is the same which was subscribed by 9. Regiments of Horse and 7. of Foot and presented with a Petition to the House of Commons Novemb. 5. 1647 by the Agitators Gifforde the Jesuite being then in the Lobby with them and very active therein Upon reading and debate hereof the House then declared their judgements against it by passing these Votes Die Martis 9. Nov. 1647. A Paper directed to the Supreme Authority of the Nation the Commons in Parliament assembled The just and earnest Petition of those whose Names are subscribed in behalfe of themselves and all the Free-borne people of England Together with a Paper annexed intituled An Agreement of the people for present and future peace upon grounds of Common Right avowed How these Papers come now to be owned those that oppose them violenrly secured by the Army by the connivance at least of the dregs of the House now sitting
your Lordship or your Officers Judges I therefore desire to know from your Lordship what kind of Prisoner I am and whose If a Prisoner of peace neither your Lordship nor your Officers are any Justices of peace or Civill Magistrates in this place to restrain me for any civill crime were I guilty of it much less without proof or hearing in case I were no Member but being neither guilty nor accused of any such crime and a Member too no Magistrate can nor ought to imprison me upon any pretext at least without the Houses licence first obtained If a Prisoner of Warre which I cannot probably be being never in Arms and apprehended neer the Commons House door going peaceably and unarmed thither to discharge my duty then you and your Officers thereby acknowledge That you have levied Warre against the Parliament and its Members and what capital offence this is and what a punishment it deserves I need not inform your Lordship or your Councell who have for this very crime condemned and shot some to death as Traytours and demanded speedy justice and execution for it upon the King himself I have but one thing more to trouble your Lordship with and that is to demand whose Prisoner I am having yet seen no Warrant nor Order from your self or your Officers for my restraint though I have oft demanded it of your Marshall If your Lordships Prisoner there appearing yet no legall Authority cause or Warrant for my restraint I must then crave so much justice from your Lordship being but a Subject and not yet paramount all Laws to order your Attourney to give an Appearance for you in the Kings bench the first return of the next Tearm to an action of false Imprisonment for this my unjust restraint which I intend by Gods assistance effectually to prosecute If your Officers Prisoner onely and not yours which I conceive who yet abuse your name and authority herein though it be a rule in Law and Divinity too Qui non prohibet malum quod potest jubet yet I shall be so just as to set the saddle upon the right horse and commence my action onely against such of your Officers who have been most active in my Imprisonment for damage and reparations which if there be any justice remaining under Heaven I doubt not but I shall recover in Gods due time in this publick cause which so highly concerns the honour freedom and Priviledges of Parliament and Subjects Liberties for defence and maintenance whereof as I have hitherto spent my strength adventured my life body liberty and estate so shall I now again engage them all and all the friends and interests I have in heaven and earth rather then they shall suffer the least diminution prejudice or eclipse by my stupid patience under this unjust captivity though I can as willingly forgive and put up private injuries when the publike is not concerned as any man All which I thought meet to inform your Lordship of whom I am heartily sorry to see so much dishonoured abuâ—ed and misled by rash ill-advised Officers and dangerous destructive and I dare say Jesuitical Councels to the Parliaments dissipation the Kingdoms prejudice Irelands loss most good mens and Ministers grief your best Friends astonishment your Enemies and the Papists triumph our Religions scandal and your own dishonour which I beseech you as an Englishman a Christian a Professor of piety and Religion a Souldier a General to lay sadly to your heart as the earnest request of From my Prison at the Sign of the Kings Head in the Strand 3. Jan. 1648. Your Lordships faithful Friend and Monitor William Pryn. * An Additional Postscript VVE reade Luke 3.14 that when the Souldiers demanded of John Baptist saying and What shall we do he said unto them Do violence to no man or put no man in fears neither accuse any falsly and be content with your allowance not imprison depose or murther Kings pull down Parliaments imprison violently shut out and drive away Parliament men and then lay all false accusations and scandals upon them to colour your violence subvert Kingdoms alter States break all bonds of Laws Oaths Covenants Obligations Engagements to God and Men usurp all Civil Military and Ecclesiastical power and the Kings Royal Palaces into your own hands as supreme Lords and Kings raise what new forces and levie what new Taxes you please take up what Free-quarters and Houses seize and plunder what publike Treasuries monies you please without Commission or Authority obey neither God nor Man neither Parliament nor Magistrate and be content with nothing but alter and subvert all things These are Saint Peters new doctrines and Revelations to our Officers and Souldiers now those Jesuits who lurk amongst them not John the Baptist whose Canonicall advice is now rejected as Apocryphall even among the Army Saints who preferre every ignis fatuus though from Doway or Râ—me it self before this burning and shining old light and are guided onely by a new minted law of pretended providence or necessity of their own forging and not by the revealed will and law of God the sacred light whereof their present works of darkness dare not approach lest they should be reproved and condemned by them But some 43. Actions of false imprisonment by the imprisoned and 150. Actions of the Case by the secluded Members brought against these domineering lawless Officers and Grandees of the Army wherein good Damages will be recovered and some 12. Indictm of High Treason against them for laying violent hands upon the Kings Person and the Members and leavying War against the Parliament will teach them more obedience humility and modesty then either John Baptist Saint Paul Saint Peter or Saint Peters will do and be like Gideon thorns and briers of discipline to these men of Succoth with whom no fair means will prevail who might have learned so much law and justice from a Heathen Souldier and Governour Festus Acts 25.27 It seemeth unto me unreasonable to send much more to commit a Prisoner and not withall to signifie the crimes laid against him and come short of that ingenuity of the heathenish chief Captain who seized upon Paul thereby to appease the Tumult at Hierusalem Acts 22.27 29. who as soon as ever Paul told him he was a Roman Free-born then straight way they departed from him who should have examined him and the chief Captain also was affraid after he knew that he was a Roman and because he had bound him And should not false imprisoning of a Parliament-man Free-born English-man be as formidable to our chief Captains being a Christian I say sworn and vowed to defend the Houses Priviledges and Members Persons as the Imprisonment of a Roman was to this chief Captain and they as ingenious and just as he who shall rise up in judgement against them and condemn them at the last I shall close up all with this observation That as the most glorious Angels in Heaven when
Part. 2. chap. 5. pag. 735. Seconded by Cooks 4. Instit pag. 1 4 5 46 47 49. As he should admit those to be lawful Members so he should assent to ex post facto some particulars against his Knowledge and against the Oathes of Allegiance Supremacy Protestation Solemn League and Covenant taken in the presence of God with a sincere heart and real intention to perform the same and persevere therein all the dayes of his life without suffering himself directly or indirectly by whatsoever Combination Perswasion or Terrour to be withdrawn therefrom As for example he should thereby acknowledge contrary to his knowledge and the said Oathes and Covenant 1. That there may be and now is a lawful Parliament of England actually in being and legally continuing after the Kings Death consisting only of a few late Members of the Commons House without either King Lords or most of their fellow Members 2. That this Parliament sitting under a force and so unduly Constituted and packed by power of an Army combining with them hath just and lawful Authority 1. To violate the Priviledges Rights Freedomes Customes and alter the Constitution of our Parliaments themselves 2. To Imprison Seclude and Expel most of their fellow Members the far major part of the House for Voting and according to their Consciences in favour of Peace and settlement of the Commonwealth 3. To Repeal all Votes Ordinances and Acts of Parliament they please 4. To Erect new Arbitrary Courts of War and Justice 5. To Arrain Condemn and Execute the King himself with the Peers and Commons of this Realm by a new kinde of Martial Law contrary to Magna Charta The Petition of Right 3. Car. and the known Laws of the Land 6. To Dis-inherit the Kings Posterity of the Crown 7. To extirpate Monarchy and the whole House of Peers 8. To Change and Subvert the Ancient Government Seals Laws Writs Legal proceedings Courts and Coyn of the Kingdome 9. To Sell and Dispose of all the Lands Revenues Jewels Goods of the Crown with the Lands of Deans and Chapters for thir own advantage not the easing of the people from Taxes 10. To absolve themselves by a Papal kinde of power and all the Subjects of England and Ireland from all the Oaths and Engagements they have made to the Kings Majesty His Heirs and Successours yea from the very Oath of Allegiance notwithstanding this express Clause in it fit to be laid to heart by all conscientious Christians I do beleeve and in conscience am resolved That neither the Pope nor any person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledge by good and full Authority to be lawfully Ministred to me and do renounce all Pardons and Dispensations to the contrary 11. To dispence with our Protestation and Covenant so Zealously enjoyned by both Houses on all sorts of people 12. To dispose of the Forts Ships Forces Offices and places of Honour Power Trust or Profit to whom they please to their own party 13. To Displace and Remove whom they please from their Offices Trusts Pensions Callings and Franchises at their pleasures without any Legal cause or Trial. 14. To make what New Acts Laws and Reverse what Old ones they think meet to insnare and inthral our Consciences Estates Liberties and Lives 15. To create new monstrous Treasons never heard of before and to declare Real Treasons against the King Kingdome and Parliament to be no Treasons and Loyalty Allegiance due obedience to our known Laws and a conscientious observing our Oaths of Allegiance and Supremacy and the Covenant to be no less than High Treason for which they may take away our Lives and confiscate our Estates to their new Exchequer Thereby at once repealing Magna Charta c. 29. 5 Edw. 3. c. 6. 25 Edw. 3. c. 4. 28 Edw. 3. c. 3. 37 Edw. 3. c. 18. 42 Edw. 3. c. 3. 25 Edw. 3 c. 2. 11 Rich. 2. c. 4. 1 Hen. 4. c. 10. 2 Hen. 4. Rot. Parl. 11. n. 60. 1 Edw. 6. c. 12. 1 M. c. 1. The Petition of Right 3 Car. So much commended this Parliament and laying all our Laws Liberties Estates and Lives waste after they have drawn so much Blood and Treasure from us in defence of them 16. To raise and keep up what forces by Land and Sea they please and impose what Taxes they please and renew increase and perpetuate them to support their more than Regal or Parliamentary power 17. To pack and shuffle themselves into a Councel of Lords This 17. is added by the Abridger States General without any provincial States forty Hogens Mogens with Supream Regal and Arbitrary power in absence of Parliaments which are Abolished by these Usurpations as well as Monarchy 4. The principal ends proposed in the pretended Act for imposing this 90000 l. a months Tax oblige all men not to pay it viz. The keeping up this Army under the Lord Fairfax 1. Because this Army by rebelling against their Masters the Parliament and waging War upon them and by conspiring with their own party of the sitting Commons have occasioned all the Mischiefs last mentioned to the ruine of King Parliament and Kingdome Religion Laws Liberty and Property and daily threaten an utter dissolution both in their Deeds and Words Both Officers and Souldiers Boasting That the whole Kingdome and all we have is theirs by Conquest That we are but their conquered Slaves and Vassals and they Lords of the Kingdome That our Lives are at their Mercy and Courtesie That when they have gotten all we have from us by Taxes and Free-quarter they will seize our Lands and turn Vs and our Families out of Doors That there is no Law in England but the Sword as Hugh Peters the Rebels Apostle saith The present power must be obeyed saith parasitical John Goodwin that is the power of the Sword still More hath been raised by Taxes these last eight years than in all the Kings Reigns since the Conquest and no account given 2. No Tax ought to be imposed but upon necessity for good of the people 25 Edw. 1. chap. 6. Cooks 2. Instit pag. 528. But the keeping up this Army is the Bane of the people 1. Because they are already exhausted with war Plunder Taxes Free-quarter c. 2. Because the Souldiers have decayed Trade and brought a Dearth upon the Land 3. This Tax of 90000 l. a month destroyed Trade by Forestalling and Engrossing most of the Money now left in the Kingdome 4. There is no Enemy in the Kingdome visible nor no fear of any if we will beleeve our Grandees 5. When the King had two Armies in the Field and many Garrisons this whole Army consisted but of 22000. Men and had an Established pay but of 45000 l. a month See Ordinances 15. Feb. 1644. and 6. April 1646. Exact Collect. pag. 599 876. But when the Army by confederacy with their party in the House took the boldness to increase their number
to weed out the Lutherans Calvinists and Anabaptists So is this High Court set up in England to root out the Royallists Presbyterians and Levellers and generally all that will not wholly concur with our Independents in Practice and Opinions As will manifestly appear when their work is done in Scotland which will soon be effected the more zealous Scots being now as ready to sell their Kingdom as they were 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 Laws and are parties pre ingaged as well as their Masters and pay Masters that named them ignorant men and of vild 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 Statute 25. Edw. III. chap. 2. The Petition of Right and all other known and Established Laws and the continual Practice of our Nations 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 disinherit disfranchise and enslave all the Freemen of the Nation and all Proceedings before them are void and coram non Judice See Col. Andrews 3. Answers The said High Court of Iustice to be a meer bloody Theater of Murder and Oppression It being against Common Reason and all Laws divine and humane That any man should be Iudge in his own Cause Neminem posse in sua causa Iudicem esse Is the Rule in Law But this Parliament and Councel of State know they cannot establish and confirm their usurped Tyranny The Kingdom of the Saints eate up the People with Taxes and share publike Lands Offices and Mony amongst themselves enslave the Nation to their Lawless wills and pleasures but by cutting off the most able and active men of all opposite parties by some such expedient as this Arbitrary Lawless High Court is The old Legal way by Iuries being found by Iohn Lilbourns Trial to be neither sure enough nor speedy enough to do their work A Butcher-Rowe of Iudges being easier packed then a Jury who may be challenged So that it fareth with the People of England as with a Traveller fallen into the hands of Thieves 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 rob the Egyptians With these 3. Principles they Iustifie all their Villanies Which is an Invention so meerly their own That the Devil must acknowledge They have propagated his Kingdom of Sinne and Death more by their impudent Iustifications then by their Turbulent Actions An Additional Postscript SInce the Conclusion of the Premises hath hapned the Trial of that worthy Knight Sir Iohn 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 cannot be adjudged guilty of any Treason Old or New which was the Sum 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 witness Iohn Ashe notwithstanding he is a Party many wayes engaged against him 1. Ashe is a Parliament-man in which capacity Sir Iohn Stowel bore Arms for the King against him 2. 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 bear a more awful respect to his testimony then a witnes ought to have from Iudges 3. It is publickly known that Ashe hath begged of the House a great summe of mony out of the Composition for or Confiscation of Sir Iohns Estate And 4ly It is known to many That during Sir Iohns many years Imprisonment Ashe often laboured with Sir Iohn to sell unto him for 4000. l. a Parcel of Land which cost Sir Iohn above 10000 l. promising him to passe his Composition at an easie 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 malicious 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 Misdemeanors and amasse together such a Sozites and an Accumulation of Offences as if one fail another shall hit right to make him punishable in one kinde or other such an hailshot charge cannot wholly misse either they will have life estate or both Contrary to the nature of all Enditements and Criminal Charges whatsoever which ought to be particular clear and certain Lamb. page 487. that the accused may know for what Crime he puts himself upon issue But this Court as High as it is not being Constituted a Court of Record the Prisoner and those that are concerned in him can have no Record to resort to either 1. To demand a Writ of Errour in Case of Erroneous Judgment 2. To ground a plea of Auterfois Acquite in case of New Question for the same fact 3ly Or to demand an enlargement upon Acquital Or 4ly To demand a writ of conspiracy against such as have combined to betray the life of an innocent man Whereby it follows That this prodigious Court hath power only to Condemn and Execute not to Acquit and give Enlargement Contrary to the Nature of all Courts of Judicature and of Justice it self it is therefore a meer Slaughter-house to Commit Free-State Murders in without nay against Law and Justice and not a Court of Judicature to condemne the Nocent and absolve the Innocent And the Iudges of this Court runne Parallel with their Father the Devill who is ever the Minister of Gods wrath and fury never of his Mercy The humble Answer of Coll. Eusebius Andrews Esquire to the Proceedings against him before the Honourable The high Court of Justice 1650. THe said Respondent with favour of this Honourable Court reserving praying to be allowed the benefit and liberty of making farther Answer if it shall be adjudged necessary offereth to this Honorable Court That by the Stat. or Charter stiled Magna Charta which is the Fundamental 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 granted and enacted 1. That no
graciously granted Yet now we are ten thousand times more oppressed with them and if these quarterers offer violence or villanous usage to any man in his house or family or commit murder or felony they are protected against the Laws and Justice of the Land and Triable only by a Council of War at the Head-quarters where a man can neither obtain justice nor seek it with safety 59. Martial Law So that we live under the burthen of a perpetual Army of 30000. or 40000. men exempt from all but Martial Law which frequently oppresseth seldom righteth any man witness Oliver Cromwel's taking of Tompson being no Souldier from the House of Commons door with Souldiers imprisoning and condemning him at a Council of War where he sate Judg in his own cause there being a quarrel between them yet it was held Treason in the Earl of Strafford to condemn the Lord of Valentia so being a Member of his Army because it was in time of Peace as this was Many other examples we have of the like nature and of this Army enough to perswade us that these vindicative Saints will not govern by the known Laws of the Land for which they have made us spend our money and blood but by Martial Law and Committee Law grounded upon Arbitrary Ordinances of Parliament which themselves in the first part of exact Collections p. 727. confess are not laws without the Royal assent This Army hath been dayly recruited without any Authority far beyond the said number or pay established the supernumeraries living upon free-quarter and when complaints have been made thereof in the House the Army being quartered in several Brigades supernumeraries have been disbanded in one brigade their Arms taken by their Officers 60. Cheats put upon the State and shortly after they have been listed again in another Brigade and their Arms sold again to the State after a while to new Arm them And of this sort were those Arms which being found in a Magazin in Town by some Zealots and rumoured to belong to the City for the arming of Reformado's were upon examination found to belong to Oliver Cromwel so the business was buried in silence for though the Kings over sights must be tragically published to the world yet the haynous crimes of the godly must lye hid under the mask of Religion And though they have usually taken free-quarter in one place 61. Arrears secur'd although the State ows them nothing and taken Composition money for free-quarter in another place some of them in two or three places at once 3 s. a day some of them 5 s. for a Trooper and 1 s a day and 1 s. 6 d. for a foot souldier whereby no arrears are due to them but they owe money to the State yet they have compelled the Houses to settle upon them for pretended Arrears 1. The moity of the Excise that they may have the Souldiers help in leavying it although to flatter the peope the Army had formerly declared against the Excise 2. The moity of Goldsmiths-hall 3. Remainder of Bishops Lands 4. The Customes of some Garrisons 5. Forrest Lands This Army brags They are the Saviours nay Conquerours of the Kingdom Let them say when they saved it whether at the Fight at Nazeby or taking in of Oxford and we will pay them according to the then list And for all the recuits taken in since the reducing of Oxford it is fit they be disbanded without pay having been taken in without nay against Authority to drive on wicked designs and enthrall King Parliment City and Kingdom 24. Decemb. 1647. The two Houses by their Commissioners presented to the King at Carisbrook-Castle 4. 62 4. Dethroning Bils presented to the King at Carisbrook Castle Bills to be passed as Acts of Parliament and divers Propositions to be assented to They are all printed so is his Majestis Answers to them wherefore I shall need to say the less of them only a word or two to two of the Bills 1. The Act for raising setling 63. Acts for the Militia and maintaining Forces by Sea and Land within the Kingdoms of England and Ireland Wales c. though it seems to be but for 20. years devests the King his Heirs and Successors of the power of the Militia for ever without hope of recovery but by repealing the said Act which will never be in his nor in their power for First it saith That neither the King nor His Heirs or Successors nor any other shall exercise any power over the Militia by land or sea but such as shall Act by authority and approbation of the said Lords and Commons That is a Committee of State of twenty or thirty Grandees to whom the two Houses shall transfer this trust being over-awed by the Army for the ground-work of this Committee was laid by these words though the Committee be erected since And Secondly it prohibiteh the King His Heirs and Successors c. after the expiration of the said 20. years to exercise any of the said powers without the consent of the said Lords and Commons and in all cases wherein the said Lords and Commons shall declare the safety of the Kingdom to be concerned after the said 20. years expired and shall pass any Bills for raising Arming c. Forces by Land or Sea or concerning Leavying of Money c. if the Royal assent to such Bills shall not be given by such a time c. then such Bills so passed by the Lords and Commons shall have the force of Acts of Parliament without the Royal assent Lo here a foundation laid to make an Ordinance of both Houses equal to an Act of Parliament take away the King 's Negative Voice if this be granted in one case it will be taken in another and then these subverters of our Religion Laws and Liberties will turn their usurpations into a legal Tyranny 2. It gives an unlimited Power to the two Houses to raise what Forces and what numbers for Land and Sea and of what persons without exceptions they please and to imploy them as they shall judge fit 3. To raise what Money they please for maintaining them and in what sort they think fit out of any mans Estate This is a Tax far more Arbitrary and unlimited than Ship-money and the more terrible because it depends upon the will and pleasure of a multitude who to support their own tyranny and satisfie their own hunger after other mens goods may and do create a necessity and then make that necessity the law and rule of their actions and our sufferings besides they are but our fellow subjects that usurp this Dominion over us which aggravates the indignity If the 24 Conservators of the Peace in Hen. 3. time were thought a burden to the Commons and called totidem tyranni what will our Grandees prove when the Power of the sword is theirs by Act of Parliament Besides if the King give them his Sword they may take all
King James it was then only called An Act of high presumption and dangerous consequence in the Duke nor was there then the least reflection upon King Charles yet now because King Charles dissolved that Parliament the Independent party were willing to raise a suspition against him concerning His Fathers death wheras the accusation against the Duke of Buckingham 3. Caroli contained 7. or 8. Charges against him the least whereof might occasion the dissolving of that Parliament These desperate courses to dishonour the King 74. Why the independents went so high against the King To usurp the regal power into themselves either in the Houses purged or in the Committee of Safety at Derby house and make Him uncapable of Government to ruine His Person Crown and Dignity and extirpate Monarchy root and branch were taken in order to the usurping the Kingly power into the Grandees of the Parliament and Army and in case they could not purge the two Houses and make them wholly Independent which they now despair of then into the Hands of the Committee or Council of State at Derby-house and Grandees of the Army In order to which they are now contriving to strengthen the said Committee with more power and more Members and to adjourn the Parliament and sent down the Presbyterian Members into the Country upon pretence of service where if any Tumults happen for which their extortions will give sufficient provocation the said dissenting Members shall bear the blame and have blank Impeachments given them to purge them out of the Houses if not out of the world or at least be sequestred for now they have squeezed what they can out of the Kings party by Sequestrations the next fewel to their covetousness is to sequester the Presbyterians and then to sequester one another for they are already divided into Pure Independents and Mixed Independents and have feuds amongst themselves for this faction insatiate with money and blood are all beasts of prey and when they want prey will prey one upon another nor shall the Houses meet above one month or two in a year to ratifie and approve what Derby-house and the Junto of the Army shall dictate to them and to give an account to the domineering party how eath Member hath carried himself in the Country Thus instead of one King 75. Why the Grandees do still continue to truck with the King notwithstanding the said 4. Votes we shall have twenty or thirty tyrants in chief and as many subordinate Tyrants as they please to imploy under them with the Iron yoak of an Army to hold us in subjection to their Arbitrary Government Notwithstanding the aforesaid four Votes and Resolutions the Cabal of Grandees still keep Ashburnham and Barkley in the Army and have sent divers Turn-coat-Cavaliers and Emissaries under-hand disguised to the King who pretending that by Bribes they had bought their admission to Him after some insinuations endeavour with false and deceitfull news and arguments to shake His constancy and perswade him to pass the said 4. dethroning Bills for these Usurpers of Sovereign Authority long to turn their armed and violent Tyranny into a legal Tyranny or at least to make him declare against the Scots coming in In both which cases He will dis-hearten His Friends who endeavour to take the golden reigns of Government out of the gripes of these Phaetons and restore them again to His hand unking Himself and His Posterity for ever be carried up and down like a stalking Horse to their Designs and be Crowned Ludibrio Coronae with straw or thorns For who can think that at the end of twenty years these Usurpers will lay down what they have so unjustly contrary to all Laws Divine and Humane and contrary to their own Declarations Oathes and Covenants extorted And who can or dare wrest these powers out of their hands being once setled and grown customary in them the peoples spirits broken with an habitual servitude a numerous Army and Garrisons hovering over them and all places of Judicature filled with corrupt Judges who shall by constrained interpretations of the Law force bloody presidents out of them against whosoever shall dare to be so good a Patriot as to oppose their Tyranny They could make Steel sharp enough to cut Captain Burlies throat for attempting to rescue the King out of the hands of a Rebellious Army that neither obeys King nor Parliament will find gold and silver enough to corrupt all the Judges the mean to prefer and make them Wild and vild enough for their purposes But it is hoped He hath more of a King more of man in Him than to leese his Principles and stumble again at the same stone dash again upon the same Rock whatsoever Syrens sing upon it knowing He hath a Son at liberty to revenge His wrongs all the Princes of Christendom His Allies whose common cause is controverted in His sufferings the greatest men of England and Scotland of His blood and the People generally whose farthest design was to preserve their Laws and Liberties and to defend the Parliament from being conquered by the Sword looking with an angry aspect upon these Seducers who by insensible degrees and many forgeries have ingaged them further than they intended not to the Defence of Religion Laws and Liberties but to the setting up of Schism Committee Law and Martial Law Impeachments before the Lords and unlimitted slavery And I am confident this Faction despair of working upon the King who like a Rock is mediis tutissimus undis whatsoever reports they give out to the contrary having from the beginning made lies their refuge which being wisely foreseen by the King He sent a Message to both Houses by way of prevention delivered in the Painted-Chamber by the Lords of Louderdale one of the Scots Commissioners consisting of three heads 1 That He was taken from Holdenby against his will 2 That they should mantain the Honour and Privileges of Parliament 3 That they should believe no Message as coming from him during his Restraint in the Army but should only credit what they received from His own mouth These Grandees have cheated all the interests of the Kingdom and have lately attempted the City again and had the repulse But the King is their old Customer and hath been often cheated by them and having him in strict custody peradventure they may perswade Him it is for His safety to be deceived once more wherefore notwithstanding their many endeavours to root up Monarchy dethrone the King and His Posterity and usurp his power in order to which they have over-whelmed Him and all His with innumerable calamities and reproaches yet since the passing of the Declaration against the King their desperate condition hath enforced them to make new Addresses in private to Him notwithstanding their four Votes inflicting the penalitie of Treason upon the Infringers But Treason is as natural to Cromwel as false accusing protesting and lying he is so superlative a Traytor that the
they been careful to save the materials for Posterity What these negative Statists will set up in the room of these ruined buildings doth not appear only I will say They have made the People thereby so curious and so arrogant that they will never find humility enough to submit to a civil rule their aim therefore from the beginning was to rule them by the power of the Sword a military Aristocracy or Oligarchy as now they do Amongst the ancient Romans Tentare arcana Imperii to prophane the Mysteries of State was Treason because there can be no form of Government without its proper Mysteries which are no longer Mysteries than while they are concealed Ignorance and Admiration arising from Ignorance are the Parents of civil devotion and obedience though not of Theological 2. Nor have these Grandees and their party in the Synod 2. They have subverted the Church dealt more kindly with the Church than with the Common-wealth whose reverend myâ—teries their Pulpits and holy Sacraments and all the functions of the Ministery are by their connivence profaned by the clouted shoe the basest and lowest of the People making themselves Priests and with a blind distempered zeal Preaching such Doctrine as their private spirits spirits of illusion dictate to them But let them know that their burning zeal without knowledge is like Hell fire without light The Sacrament of the Lords Supper discontinued and why Yet the greatest wonder of all is That they suffer the Lords supper that Sacrament of Corroboration to be so much neglected in almost all the Churches in the Kingdom Is it because men usually before they receive our Saviour that blessed guest sweep the house clean casting out of their hearts those living Temples of the holy Ghost Pride Ambition Covetousnesse Envy Hatred Malice and all other unclean Spirits to make fit room to entertain Jesus that Prince of Peace whereby the people having their minds prepared for Peace Charity and Reconciliation may happily spoil the trade of our Grandees who can no longer maintain their usurped dominion over them than they can keep them dis-united with quarrels and feuds and uphold those badges of factions and tearms of distinctions and separations Cavaliers Roundheads Malignants Well-affected Presbyterians and Independents or is it because they fear if the Church were setled in peace and unity it would be a mean to unite the Common-wealth as a quiet cheerfull mind often cureth a distempered body I will not take upon me to judge another mans Servant but many suspect this is done out of design not out of peevishnesse 3. That these Grandees govern by power not by love 3. The Grandees rule by the arbitrary power of the Sword not by the Lawes and the Laws of the Land which was my last assertion appears by 1. The many Garrisons they keep up and numerous Army they keep in pay to over-power the whole Kingdom more than at first the Parliament Voted all in the hands of Sectaries 2. Their compelling the Parliament to put the the whole Militia of England and Ireland by Land and by Sea in the power of Sir Thomas Fairfax and their party together with all Garrisons 3. Nor do they think the Laws of the Land extensive enough for their purposes therefore they piece them out with Arbitrary Ordinances impeachments before the Lords and Marshall Law which is now grown to that height that the Council of War General and Judge advocate of the Army do usually send forth Injunctions to stay Sutes and release judgements at Law or else to attend the Council of War wheresoever they sit to shew cause to the contrary and when Lieutenant Colonel Lilburn was ordered to be brought to the Kings-Bench-Bar upon his habeas Corpus Easter Term 1648. Cromwel sent word to the Lieutenant of the Tower not to bring him and Cromwel was obeyed not the Judges Thus the Laws of the Land are daily baffled that men may be accustomed to arbitrary Government and those actions which no Law of the Land calls a Crime may be interpreted Treason when our Grandees please to have it so 4. Their allowing money to some Committees to reward Informers Spies and Intelligencers to betray even their nearest friends and relations 5. Their holding Honest Generous and Grave men in suspicion and making the Houses of Parliament and Army snares to them expelling them with false and extrajudicial Accusations 6. Their owning dishonest base-minded men that have cheated the State as instruments fit to be confided in and associate with them in time of danger 7. Their impoverishing the people with confused Taxes decay of Trade and obstructing of the Mint and thereby breaking their spirits 8. Their changing and dividing the Militia of London purposely to weaken it 9. Their not restoring to the Counties their Militia and trusting them to defend their own houses as formerly 10. Their nourishing Factions in the Common-wealth Schisms in the Church 11. Expelling learned Divines to let in ignorant men All these are tyrannical policies grounded upon the old principle That a Tyrant should deprive his Subjects of all things that may nourish courage strength knowledg mutual confidence and charity amongst them which Maxim the Politicians say contains the whole Systeme or method of Tyrannical Government 4. 4. The Independents divide the Taxes Spoils and preferments of the land between them As this encroaching Faction have usurped all the Military and Civil power of both Kingdoms so they have monopolized all the great Offices rich Imployments and Treasure of the Land they are clearly the predominant party in all Money Committees they give daily to one another for pretended Services Arrears and Losses great sums of money many of their Largisses I have already set down They gave lately to Col. Hammond Governour of the Isle of Wight for his Table 20 l. a Week 1000 l. in money and 500 l. a year land to Major General Skippon 1000 l. per annum land of Inheritance to Colonel Mitton 5000 l. in money Prideaux hath 100 l. a Week benefit by the Post-Masters place his whole Estate before this Parliament was hardly worth a 100 l. nor is he eminent for any thing but impudence and arrogance Mr. Rowse hath Eaton College worth 800 l. per annum and a Lease of that College worth 600 l. per annum Sir William Alanson the Hamper-Office and Crab Castle worth 600 l. per annum bravely wooded Alder. Hoyl of York the Treasurers Remembrancers Office Mr. Sallaway a poor Grocer the Kings Remembrancers Office neither of which are able to read any one Record in those Offices Tho. Scot Lambeth-house Sir Wil Brereton Croyden-house Col. Harvy Fulham and Norwich-houses Mr. Lisle the Mastership of St. Crosses Dennis Bonds 3 Sons each of them a Place worth 500 l. a year besides many others All the cheating covetous ambitious persons of the Land are united together under the name and title of The Godly the Saints c. and share the fat of the Land
could not be carried on by any private designe in Conventicles and corners as are all the bloudy Petitions for justice justice against capital Delinquents and the most High which being penned and solicited by the Army or sectary Committee-men 48. Somersetshire encouraged by the House to associate all the wel-affected i. e. all the Anarchists and Cheaters and subscribed and prosecuted by some few beggerly Schismaticks without Cloaks in the Names of whole Counties whom they had the impudence to belie were entertained in state and they and that wel-affected County though they abhorred the villany thanked for their paines * 25. Decemb. The House voted a Letter to be sent by way of encouragement to the County of Somerset to go on with setling their association with the wel-affected and forces of the Counties adjacent this is to associate and Arme all the Schismaticks Committee-men guilty and desperate Persons Antimonarchists and Anarchists against all the peaceable and honest men of the Kingdome 26. Decemb. Mr. Pryn sent a Letter to the General 49. Mr. Pryns Letter to the General demanding his liberty demanding his liberty and seconded it with a Declaration as followeth Mr. Pryn's Demand of his Liberty to the Generall Decemb. 26. 1648. with his Answer thereto And his Declaration and Protestation thereupon For the Honourable Lord Fairfax Generall of the present Army THese are to acquaint your Lordship 50. Mr. Pryns Declaration seconding his said Letter That I being a Member of the Commons House of Parliament a Free-man of England a great Sufferer for and an Assertor of the Subjects Liberties against all Regal and Prelatical tyranny and no way subject to your owne your Councel of Warrs or Officers military power or jurisdiction going to the House to discharge my duty on the 6 of this instant December was on the staires next the Commons House door forcibly kept back entring the House seized on and carried away thence without any pretext of Lawfull Authority therto assigned by Colonel Pride and other Officers and Souldiers of the Army under your Command And notwithstanding the Houses demand of my enlargement both by their Sergeant and otherwise ever since unjustly detained under your Marshals custody and tossed from place to place contrary to the known Priviledges of Parliament the Liberty of the Subject and fundamental Laws of the Land which you are engaged to maintaine against all violation And therefore do hereby demand from your Lordship my present enlargement and just liberty with your Answer hereunto From the Kings-head in the Strand Decemb. 26. 1648. William Pryn. This was delivered to the Generals own hands at his House in Queen-street about three of the clock the same day it beares date by Doctor Bastwijcke VVho returned this Answer by him upon the reading therof THat he knew not but Mr. Pryn was already released and that he would send to his Officers to know what they had against him VVho it seems act all things without his privity and steer all the Armies present counsels and designes according to their absolute wills The Publique Declaration and Protestation of William Pryn of Lincolnes Inne Esquire Against his present Restraint and the present destructive Councels and Jesuiticall proceedings of the Generall Officers and Army I VVilliam Pryn a Member of the House of Commons and Freeman of England who have formerly suffer'd 8. years Imprisonment four of them close three in exile three Pillories the losse of my Ears Calling Estate for the vindicating of the Subjects just Rights and Liberties against the arbitrary tyranny injustice of King and Prelats and defence of the Protestant Religion here established spent most of my strength and studies in asserting the Peoples just freedom and the power and priviledges of Parliament against all Opposers and never received one farthing by way of damages gift or recompence or the smallest benefit or preferment whatsoever for all my sufferings and publicke services Do here solemnly declare before the most just and righteous God of Heaven and Earth the Searcher of all hearts the whole Kingdome English Nation and the World that having according to the best of my skill and judgment faithfully discharged my trust and duty in the Commons House upon real grounds of Religion Conscience Justice Law prudence and right reason for the speedy and effectual setlement of the peace and safety of our three distracted bleeding dying Kingdoms on Monday Dec. 4. I was on Wednesday morning following the 6 of this instant going to the House to discharoe my duty on the Parliament staires next the Commons door forcibly seized upon by Col. Pride Sir Hardress VValler and other Officers of the Army who had then beset the House with strong Guards and whole Reg of Horse and Foote haled violently thence into Queens Court notwithstanding my Protestation of breach of priviledge both as a Member and a Freeman by a meere usurped tyrannicall power without any lawfull Authority or cause assigned and there forceibly detained Prisoner with other Members there restrained by them notwithstanding the Houses double demand of my present enlargement to attend its service by the Sergeant and that night contrary to faith and promise carried Prisoner to Hell and there shut up all night with 40. other Members without any lodging or any other accommodations contrary to the known Priviledges of Parl. the fundamental Laws of the Realm and Liberty of the subject which both Houses the 3. Kingdoms the General with all Officers and Soldiers of the Army are by solemn Covenant and duty obliged inviolably to maintain Since which I have without any lawful power or authority bin removed and kept prisoner in several places put to great expences debar'd the liberty of my person calling denied that hereditary freedom which belongs to me of right both as a Freeman a Member an eminent sufferer for the publick and a Christian by these who have not the least shadow of authority or justice to restrain me and never yet objected the least cause for this my unjust restraint I do therfore hereby publickly protest against all these their proceedings as the highest usurpation of an arbitrary and tyrannical power the greatest breach of faith trust Covenant priviledges of Parl. and most dangerous encroachment on the Subjects liberties and Laws of the Land ever practised in this Kingdome by any King or Tyrant especially by pretended Saints who hold forth nothing but justice righteousnesse liberty of conscience and publick freedom in all their Remonstrances whils they are triumphantly trampling them all under their armed iron feet And do further herby appeal to summon them before all the Tribunals and powers in heaven and earth for exemplary justice against them who cry out so much for it against others less tyrannical oppressive unjust and fedifragus to God and men than themselves And do moreover remonstrat that all their present exorbitant actings against the King Parl. present Government and their new modled representative are nothing else
Reason seek to impose a beliefe upon My Subjects * * 93. Hereabout I was stopt and not suffered to speak any more concerning Reasons There is no proceeding just against any man but what is warranted either by Gods Lawes or the municipall Lawes of the Country where he lives Now I am most confident that this daies proceeding cannot be warranted by Gods Law for on the contrary the authority of obedience unto Kings is clearly warranted and strictly commanded both in the Old and New Testament which if denyed I am ready instantly to prove and for the question now in hand there it is said That where the word of a King is there is Power and who may say unto him what doest thou Eccles 8.4 Then for the Lawes of the Land I am no lesse confident that no learned Lawyer will affirme that an Impeachment can lye against the KING they all going in His Name and one of their Maxims is That the King can do no wrong Besides the Law upon which you ground your proceedings must either be old or new if old shew it if new tell what authority warranted by the fundamental Lawes of the Land hath made it and when But how the House of Commons can erect a Court of Judicature which was never one it self as is well known to all Lawyers I leave to God and the World to judge And it were full as strange that they should pretend to make Lawes without King or Lords House to any that have heard speak of the Lawes of England And admitting but not granting that the People of Englands Commission could grant your pretended power I see nothing you can shew for that for certainly you never asked the question of the tenth man of the Kingdome and in this way you manifestly wrong even the poorest Plough-man if you demand not his free consent nor can you pretend any colour for this your pretended Commission without the consent at least of the major part of every man in England of whatsoever quality or condition which I am sure you never went about to seek so farre are you from having it Thus you see that I speak not for My owne right alone as I am your King but also for the true Liberty of all My Subjects which consists not in sharing the power of Government but in living under such Lawes such a Government as may give themselves the best assurance of their lives and propriety of their goods Nor in this must or do I forget the priviledges of both Houses of Parliament which this daies proceedings doth not only violate but likewise occasion the greatest breach of their publike Faith I believe ever was heard of with which I am farre from charging the two Houses for all the pretended crimes laid against Me beare date long before this late Treaty at Newport in which I having concluded as much as in Me lay and hopefully expecting the two Houses agreement thereunto I was suddenly surprised and hurried from thence as a Prisoner upon which accompt I am against my will brought hither where since I am come I cannot but to My power defend the ancient Laws and Liberties of this Kingdome together with My owne just Right then for any thing I can see the higher House is totally excluded And for the House of Commons it is too well knowne that the major part of them are detained or deterr'd from sitting so as if I had no other this were sufficient for Me to protest against the lawfullnesse of your pretended Court. Besides all this the peace of the Kingdome is not the least in My thoughts and what hopes of Settlement is there so long as power reigns without rule of Law changing the whole frame of that Government under which this Kingdome hath flourished for many hundred years nor will I say what will fall out in case this lawlesse unjust proceeding against Me do go on and believe it the Commons of England will not thank you for this change for they will remember how happy they have been of late yeares under the Reign of Queen Elizabeth the King my Father and My self until the beginning of there unhappy troubles and will have cause to doubt that they shall never be so happy under any new And by this time it will be too sensibly evident that the Armes I took up were onely to defend the fundamental Lawes of this Kingdom against those who have supposed My power hath totally changed the ancient Government Thus having shewed you briefly the Reasons why I cannot submit to your pretended Authority without violating the trust which I have from God for the welfare and liberty of My People I expect from you either clear Reasons to convince My judgment shewing Me that I am in an errour and then truly I will readily answer or that you will withdraw your proceedings This I intended to speak in Westminster-hall on Munday 22. January but against reason was hindered to shew My Reasons 87. Alteration of the formes and styles of Writs and Legall proceedings The 27. Jan. The Commons read the Act for Altering the formes of Writs and other proceedings in Courts of Justice which according to all our known Laws the custome of all Ages and the fundamental Government of this Kingdome ever ran in the Kings Name This Act upon the Question was assented to and no concurrence of the Lords desired of this more hereafter 88. A Proclam to be brought in prohibiting the Pr. of Wales or any of the Kings Issue to be proclaimed King of England The Junto of 50. or 60. Commons appointed a Committee to pen a Proclamation That if any man should go about to Proclaim Prince Charles or any of that line King of England after the removal of King Charles the Father out of this life as is usually and ought to be done by all Mayors Bayliffs of Corporations High-Sheriffs c. under high penalties of the Law for their neglect or shall proclaim any other without the consent of the present Parliament the Commons declare it to be High Treason and that no man under paine of Imprisonment or such other arbitrary punishment as shall be thought fit to be inflicted on them shall speak or preach any thing contrary to the present proceedings of the Supreme Authority of this Nation the Commons of England assembled in Parliament Your hands and feet liberties and consciences were long since tied up 89. The Bishop of London appointed by the Ho. to administer spiritual comfort to the condâ—mned King and the Kings usage by the Army See Mr. Jo Geree's Book against Goodwin called Might overcoming right And Mr. Pryns Epistle to his Speech 6. Dec. 1648. now you are tongue-tied Upon motion the House ordered That Doctor Juxon Bishop of London should be permitted to he private with the King in His Chamber to preach and Administer the Sacraments and other spirituall comforts to Him But notwithstanding their Masters of the Councel of Warre appointed that
People of England And whereas the said confederated Commons have likewise tyrannically and audaciously presumed contrary to their Oathes and Engagements aforesaid to take upon them to make Acts of Parliament as they terme them without our privity or assents or the joynt consent of the King and House of Lords contrary to the Use and Priviledges of Parliament and knowne Lawes of the Land and by pretext thereof have trayterously and wickedly endeavoured to Dis-inherit the Illustrious CHARLES Prince of Wales next Heire to the Crowne and actuall KING of England Scotland France and Ireland immediately after His said Royall Fathers barbarous Murther by Right of descent and proclaimed it Treason for any Person to Proclaime him KING whereas it is high Treason in them thus to prohibit His proclaiming and have likewise trayterously and impudently encroached a tyrannicall and lawlesse power to themselves to Vote down our antient Kingly and Monarchicall Government and the House of Peers and to make a new Great Seale of England without the Kings Portraicture or Stile and to alter the antient Regall and Legall Stile of Writs and proceedings in the Courts of Justice and to create new Judges and Commissioners of the Great Seale and to dispense with their Oaths of Supremacy and Allegiance and to prescribe new Oaths unto them contrary to Law though they have no Authority by any Law Statute or custome to administer or injoyne an Oath to any man and thereby have trayterously attempted to alter the fundamentall Laws and Government of this Kingdome and to subvert the freedome priviledges and being of Parliaments for which Treasons Strafford and Canterbury though least criminall lost their Heads this last Parliament by some of their owne prosecutions and the judgment of both Houses We in discharge of our respective duties and obligations both to God the King our owne Consciences our bleeding dying Kingdomes and the severall Counties Cities and Burrroughs for which we serve do by this present Writing in our owne Names and in the Names of all the Counties Cities and Burroughs which we represented in Parliament publickly declare and solemnly protest before the all-seeing God the whole Kingdomes of England Scotland and Ireland and the world that We do from the bottome of our hearts abominate renounce and disclaime all the said pretended Acts Votes and proceedings of the said confederate Members acted under the Armies power against our consents as treasonable wicked illegall unparliamentary tyrannical and pernitious both to the King Parliament Kingdomes and all the free-borne People of this Realme extreamly disadvantagious and dishonourable to our Nation scandalous to our Religion and meer forcible Usurpations and Nullities void in Law to all intents and purposes which we and all the Freemen of this Kingdome and all the Kingdomes and Dominions thereto belonging are bound openly to disavow oppugne and resist as such with our purses armes lives to the last drop of our blouds and to which neither We nor any other can ought or dare to submit or assent in the least degree without incurring the guilt of High Treason and the highest perjury infamy and disloyalty And in case the said confederates shall not speedily retract and desist from those their treasonable practises and tyrannicall usurpations which We cordially desire and entreat them by all obligations of love and respect they have to God Religion their King Country and Posterity timely to do We do hereby denounce and declare them to be Traytors and publique Enemies both to the King and Kingdome and shall esteem and prosecute them with all their wilfull Adherents and voluntary Assistants as such and endeavour to bring them to speedy and condigne Punishment according to the Solemne League and Covenant wherein We trust the whole Kingdome all those for whom We serve and the Lord of Hosts himself to whom We have sworne and lifted up our hands hearts and fervent prayers will be aiding and assisting to us and all our Bretheren of Scotland and Ireland who are united and conjoyned with us in covenant to our GOD and Allegiance to our Soveraigne King CHARLES the Second who we trust will make good all His destroyed Fathers concessions which really concerne our peace or safety and secure Us against all force and tyranny of our Fellow-subjects who now contrary to their Trusts and former Engagements endeavour by the meer power of that Sword which was purposely raised for the protection of our Persons Government Religion Laws Liberties the KING 's Royall Person and Posterity and the Priviledges of Parliament to Lord it over Us at their pleasure and enthrall and enslave Us to their armed violence and lawlesse martial wills which we can no longer tolerate nor undergoe after so long fruitlesse and abused patience in hope of their repentance About the same time came out another Paper entituled 109. A Paper entituled Foure true Positions c. ¶ Foure true and considerable Positions for the sitting Members the new Courts of Justice and new Judges Sheriffs Officers Lawyers Justices and others to ruminate upon 1. THat the whole House of Commons in no Age had any Power Right or Lawfull Authority to make any Valid or binding Act or Ordinance of Parliament or to impose any Tax Oath Forfeiture or capitall punishment upon any Person or Free-men of this Realme without the Lords or Kings concurrent assents much lesse then can a small remnant onely of the Members of that House do it sitting under an armed force which nulls and vacates all their Votes and proceedings as the Ordinance of 20. August 1647. declares whilst most of their Fellow-Members are forcibly detained and driven thence as Mr. St. John proves in his Speech concerning Ship-mony p. 33. and in his Argument concerning the Earle of Strafford's Attainder p. 70 71 76 77 78. and Sir Edw. Coke in his 4. Instit c. 1. 2. That the few Members now sitting in and the House of Commons being no Court of Justice of it selfe and having no power to hear and determine any civill or criminall causes nor to give an Oath in any case whatsoever cannot by the Lawes and Statutes of the Realm nor by any pretext of authority whatsover erect any new Court of Justice nor give power or authority to any new Judges Justices or Commissioners to arraigne try condemn or execute any Subject of meanest quality for any reall or pretended crime whatsoever much less their own Soveraign Lord the King or any Peers of this Realme who ought to be tryed by their Peers and by the Law of the Land alone and not otherwise And that the condemning and executing the King or any Peere or other Subject by pretext of such an illegall Authority is no lesse than High Treason and wilfull Murther both in the Members and Commissioners Judges or Justices giving and executing Sentence of Death in any such arbitrary and lawlesse void Court or by vertue of any such void and illegall Commissions 3. That the House of Commons and Members now sitting
Peace a Book called A Declaration of the Parliament of England expressing the grounds of their late proceedings and of setling the present Government in the way of a Free State when they formerly passed the 4. Votes for no more Addresses to our late King they seconded it with a Declaration to shew the Reasons of those Votes wherein they set forth no new matter but what they had formerly in parcels objected against Him and yet they have since that time made Addresses to â—im and both taken and caused others to take the Oaths of Allegiance and Supremacy and the Protestation Covenant to defend his person and Authority c. And in this Declaration there is no new Objection of moment but what is contained in the former Declarations against Him and as I looked upon the first Declaration as a Prologue so I look upon this last as the Epilogue to His Majesties Tragedy The whole matter of charge in both of them hath been sufficiently answered in several Books and either confuted or justified to which I refer the Reader whom I will only trouble with some few short Observations of my own upon it p. 5. The Parliament in imitation of their Masters the Councel of Officers pretend a necessity to change the fundamental Government into a Free-State to prevent Tyranny Injustice and War c. I doubt rather to promote them It affirmeth p. 15 16. That Offices of Inheritance are forfeited by Breach of Trust a condition annexed to every Office and seems to imply as much of the Kingly Office but this Pen-man had forgot that by the Law the Crown takes away all defects and the King being Supreme Head and Governour over all Persons and in all Causes it were absurd to make Him accountable to any Authority for in such case that Authority would be Supreme to Him and so erect two Supremes one jarring and interferring with the other which in Law and Policy is as absurd as to suppose two Almighties or Infinities in Divinity which cannot be for that one Infinity would terminate another Impossibile esse plura Infinite See Greg Thâ—losanus l. pol. 1. Keckerin Sistema pol. l. 1. Conezenii l. politic 1. Ã c. 17 ad c. 25. and many good Authors quoted by him Moecenalis orationem ad Augustum apud Dionem Cassium quoniam alterum esset in altero finitum saith Cusanus pag. 16. The Declarers play the Orators in behalf of the felicity of Government by Free-States rather than by Kings and Princes This is a spacious field to walk in I will onely cite some learned Authors living in Republiques of a contrary opinion and send my Readers to them for their Arguments It applauds the prosperitie and good Government of the Switz which I think was never commâ—nded before a gross-witted People living in a confused way of Government where virtue and industry find no reward the Rich become a daily prey to the poor and their popular Tribunes who uphold their credits by calumniating the wealthy and confiscating or sequestring their Estates the best wealth of this Nation is Pensions from Neighbour Princes to whom they let their Bloud to Hire and become Mercenaries many times to the extream dammage and if their Country were worth subduing danger of the State For Venice it is an Aristocracie if not Oligarchy of many petty Kings so burdensome to all their Subjects upon Terra firma that they dare not trust them without Citadels to keep them under they never confide in any of their number or Natives to be Commander in Chief of their Land Forces fearing to be tyrannized over by a Cromwell or an Ireton or by some property subordinate to them in all but Title The Morlachy and many Inhabitants of Dalmatia and Candia have lately preferred the Turkish Government before theirs As for the Low-Countries their neerest example peruse Bernavelt's Apologie and many good Histories For Rome from their Regifugium they were never free from Civill Warres cecessious Tumults and changes of Government first to Patrician Consuls Regia potestate then to promiscuous Consuls Plebeyans as well as Patritians with popular Tribunes to controule them then to Decemviri legibus Scribendis then to Tribuni militares consulari potestate Dictators upon all speciall occasions sometimes an Aristocracy sometimes a Democracie between two Factions Patritian and Plebeyan And never could that unhappy Idoll of the multitude Libertie find any time of setled rest and Government untill their giddy Republique was overthrown by Julius Caesar and turned into a Monarchie by Augustus which approved Cratippus saying Vitiosum Reipub statum exigere Monarchiam and then and not till then Rome came to his height of Glory See some Authorities cited verbatim in the first Page and Dominion and continued so a long time sometimes empayred by the vices of some Emperors and sometimes repayred by the virtues of others he that reads Livy and Tully's Orations with many other Authors shall find how infinite corrupt the People were both in making and executing Laws in dispensing Justice both Distributive and Commutative what Complaints that their comitia were venalia what Bulwarks they were fain to erect against the ambition and covetousness of their Great men Leges Ambitus leges Repetundarum peculatus all to no purpose the great abuse of Solicitors and Undertakers in every Trybesto contracte for suffrages the Domestick use of their Nomenclators their Prehensations Invitations Client ships their kissings and shaking hands even from the greatest Personages prostituted to every Cobler and Tinker their costly publique Shews and spectacles to woe the Rabble he that reads observingly shall find that ambition and covetousness nurses of all corruption were the best part of the wisdom and industry of that Republique untill it came to be a Monarchie and shall farther find that those corrupt manners and customs which the People from the highest to the lowest had contracted during the severall licentious Alterations of their Common-wealth from one form of Republique to another were like a second nature not to be corrected by the better discipline of a Monarchie and at last occasioned the ruine of that Monarchie together with the desolation of that Nation which shews that Monarchie with which their Nation began was their naturall and genuine Government when it could not be taken away sine interitu subjecti without the ruine of the whole subject matter p. 11. It is said It hath been latelie computed that the Court purveyances notwithstanding many good Laws to the contrary cost the Countrie more in one year than their Assesments to the Army what above 100000 l. a month when the charge of the KING' 's House-keeping came but to 50000 l. a year I speak not of Wages and Pensions I know not who should make this computation unless old Sir Hen. Vane and his Man Cornelius Holland the latter of which was turned out of his Office in the Green-cloth for abusing this Place not in whose time of employment unless their
their Wives Children Families and Posterity to venture their lives and all they have to make opposition against this the greatest mischief that ever was attempted the greatest Treason that ever was committed against the liberties of the People and not to stand any longer in a mix-maze between hope and feare for if this designe take place your great Officers and their Confederates in Parliament and Councel of State will be as so many Kings Princes and Lords and your selves and all the people their Slaves and Vassals Therefore keep every man his place and post and stir not but immediately chuse you a Councel of Agitators once more to judge of these things without which we shall never see a new Parliament or ever be quit of these intolerable burdens oppressions and cruelties by which the people are like to be beggered and destroyed About this time Master Robert Lockier 151. M. Lockier condemned by a Councel of Warr with his honourable death and burial and Lilburns Letter to the General and five or six other Troopers of Captaine Savages Troop were condemned for a supposed mutiny in behalf of whom Lieut. C. John Lilburne writ this Letter following to the General dated 27. April 1649. May it please your Excellency WE have not yet forgot your Solemne Engagement of June 5. 1647. wherby the Armies Continuance as an Army was in no wise by the will of the State but by their owne mutuall Agreement And if their standing were removed from one Foundation to another as is undeniable then with the same they removed from one Authority to another and the Ligaments and Bonds of the First were Dissolved and gave place to the Second and under and from the head of their first Station viz By the Will of the State the Army derived their Government by Martiall Law which in Judgment and Reason could be no longer binding then the Authority which gave being thereto was binding to the Army For the deniall of the Authority is an Abrogation and Nullment of all Acts Orders or Ordinances by that Authority as to them And upon this Account your Excellency with the Army long proceeded upon the Constitution of a new Councel and Government contrary to all Martial Law and Discipline by whom only the Army engaged to be Ordered in their prosecution of the Ends to wit Their several Rights both as Souldiers and Commoners for which they associated Declaring Agreeing and Promising each other not to Disband Divide or suffer themselves to be Disbanded or Divided without satisfaction and security in relation to their Grievances and Desires in behalf of themselves and the Common-wealth as should be agreed unto by their Councel of Agitators And by vertue and under colour of this Establishment all the Extraordinary Actions by your Excellency your Officers and the Army have past Your refusal to disband disputing the Orders of Parliament Impeachment and Ejection of Eleven Members your first and second march up to London your late violent Exclusion of the major part of Members out of the House and their Imprisonment without cause c. which can no way be justified from the guilt of the highest Treason but in the accomplishment of a righteous end viz. The enjoyment of the benefit of our Lawes and Liberties which we hoped long ere this to have enjoyed from your hands Yet when we consider and herewith compare many of your late carriages both towards the Souldiery and other free people and principally your cruell Exercise of Martial Law even to the Sentence and Execution of Death upon such of your Souldiers as stand for the Rights of that Engagement c. And not onely so but against others not of the Army we cannot but look upon your defection and Apostacy in such dealings as of most dangerous Consequence to all the Laws and Freedoms of the People And therefore although there had never been any such solemn Engagement by the Army as that of Iune 5. 1647. which with your Excellency in point of duty ought not to be of the meanest obligation We do protest against your Exercise of Martial Law against any whomsoever in times of Peace where all Courts of Iustice are open as the greatest encroachment upon our Lawes and Liberties that can be acted against us and particularly against the Tryall of the Souldiers of Captaine Savages Troop yesterday by a Court Martial upon the Articles of Warre and sentencing of two of them to death and for no other end as we understand but for some dispute about their Pay And the reason of this our Protestation is from the Petition of Right made in the third yeare of the late King which declareth That no person ought to be judged by Law Martial except in times of Warre And that all Commissions given to execute Martial Law in time of Peace are contrary to the Lawes and Statutes of the Land And it was the Parliaments complaint That Martial Law was then Commanded to be executed upon Souldiers for Robbery Mutiny or Murder Which Petition of Right this present Parliament in their late Declarations of the 9. of February and the 17. of March 1648. commend as the most excellentest Law in England and there promise to preserve inviolably it and all other the Fundamental Lawes and Liberties concerning the preservation of the Lives Properties and Liberties of the People with all things incident therunto And the Exercise of Martial Law in Ireland in time of Peace was one of the chiefest Articles for which the E. of Strafford lost his Head The same by this present Parl. being judged High Treason And the Parliament it self neither by Act nor Ordinance can justly or warrantably destroy the Fundamental Liberties and Principles of the Common Law of England It being a Maxim in Law and Reason both that all such Acts and Ordinances are ipso facto null and void in Law and binds not all but ought to be resisted and stood against to the death And if the Supreme Authority may not presume to do this much lesse may You or Your Officers presume thereupon For where Remedy may be had by an ordinary course in Law the Party greived shall never have his recourse to extraordinaries Whence it is evident That it is the undoubted Right of every Englishman Souldier or other that he should be punishable onely in the ordinary Courts of Justice according to the Lawes and Statutes of the Realme in the times of Peace as now it is and the extraordinary way by Courts Martial in no wise to be used Yea the Parliaments Oracle Sir Edward Cooke Declares in the third part of his Institutes Chap. of Murder That for a General or other Officers of an Army in time of Peace to put any man although a Souldier to death by colour of Martial Law it is absolute murder in that General c. Therfore erecting of Martial Law now when all Courts of justice are open and stopping the free current of Law which sufficiently provides for the punishment
what Spirit Haslerigge is known That some Northern Counties having petitioned the Commons for relief against the miserable famine raging there Haslerigge opposed their request saying The want of food would best defend those Counties from Scottish Invasions What man that had any sense of Christianity Courage Honesty or Iustice would have been the Authour of so barbarous and unjust a motion That six Gentlemen no way conscious nor privie to the fact should be offered up a sacrifice to revenge and malice nay to guilty fears and base cowardicâ— to keep off the like attempts from Haslerigge and his Party I wish this Gentleman would reade the Alcharon or new Independent Bible of the new Translation and from thence gather precepts of more Humanity Justice Honesty and Courage since he hath Read the Old and New Testament of Moses and Christ to so little purpose Yet the House 18. of May passed a Declaration That if more Acts of the like nature happened hereafter it should be retaliated upon such Gentlemen of the Kings Party as had not yet Compounded But this is but a device to fright them to Compound unlesse it be a forerunner to a Massacre heretofore taken into consideration at a Councell of Warre See Sect. 117. 161. An act declaring more new Treasons About this time came forth that prodigious Act declaring four new Treasons with many complicated Treasons in their bellies the like never heard of before in our Law nor in any Kingdom or Republike of Christendom Because I have formerly spoken of it the Act it self printed publisht and dreadfully notorious throughout the whole Kingdom I will refer you to the printed Copie onely one clause formerly debated was omitted in the Act viz. That to kill the Generall Lieuten Gen. any Members of this present Parl. or Counsel of State to be declared Treason this would have discovered their guilty cowardize so much they were ashamed of it besides it was thought fit to make the People take a new Oath of Allegiance to the new State First I will only give you some few Observations thereupon This Act declares to be Treason unto death and confiscation of Lands all Deeds Plots and Words 1. Against this present fagge end of a Parliament and against their never before heard-of Supream Authority and Government for when was this Kingdome ever governed by a Parliament or by any power constituted by them 2. All endeavours to subvert the Keepers of the Liberty of England and Councell of State constituted and to be from time to time constituted by Authority of Parliament who are to be under the said Representatives in Parliament if they please and not otherwise for the Sword and the Purse trusted in the power of the Councell of State yet the Keepers of the Liberties of England and the Councell of State of England to be hereafter constituted by Parliament are Individua vaga ayrie notions not yet named nor known and when they are known we owe them no Allegiance without which no Treason by the known Lawes of the Land which is onely due to the King His lawfull Heires and Successours thereto sworn nor any the particular Powers and Authorities granted to this Parliament by the said Keepers of the Liberties of England and Councell of State yet any where authentically published and made known to us by any one avowed Act unlesse we shall account their Licensed New Books to be such and therefore they may usurp what powers they please So that these men who involved us in a miserable Warre against the late Murdered KING pretending He would enslave us and they would set us free have brought us so far below the condition of the basest Slaves that they abuse us like brute Beasts and having deprived us of our Religion Lawes and Liberties and drawn from us our money and bloud they now deny us the use of reason and common sence belonging to us as Men and Govern us by Arbitrary irrationall Votes with which they bait Traps to catch us Woe be to that people whose Rulers set snares to catch them and are amari venatores contra Dominum Men-hunters against God nay to move any Person to stir up the People against their Authority is hereby declared Treason mark the ambiguity of these words like the Devils Oracles which he that hath Power and the Sword in his hands will interpret as he please If the Keeper of the Liberties of England or Councell of State shall extend too farre or abuse their Authority never so much contrary to the Lawes of the Land Reason Justice or the Lawes of God as hath been lately done in this Case of Lylburne Walwyn c. no Lawyer no Friend shall dare to performe that Christian duty of giving councell or help to the oppressed here Fathers and Children Husbands and Wives Brothers and all relations must forsake nay betray one another lest these Tyrants interpret these duties to be A moving of them to stirre up the People against their Authority 3. All endeavours to withdraw any Souldier or Officer from their obedience to their Superior Officer or from the present Government as aforesaid By which words it is Treason First if any mans Child or Servant be inticed into this Army and the Father or Master endeavour to withdraw him from so plundering and roguing a kinde of life back to his profession Secondly If any Commander or Officer shall command his Souldiers to violate wrong or rob any man for the party so aymed at or some wel-meaning Friend to set before the said Souldiers the sinne and shame of such actions and disswade them from obeying such unlawfull commands 4. If any man shall presume to counterfeit their counterfeit Great Seale It is declared Treason I wonder it is not Treason to counterfeit their counterfeit coyne Behold here new minted Treasons current in no time and place but this afflicted Age and Nation Edw. 3. anno 25. regni ch 2. passed an excellent Act to secure the People by reducing Treasons to a certainty as our New Legislative Tyrants labour to ensnare the People by making Treasons uncertaine and arbitrary Sic volo sic ju beo it shall be Treason be cause they will call and Vote it so what they please to call Treason shall be Treason though our knowne Lawes call it otherwise we have long held our Estates and Liberties and must now hold our Lives at the will of those Grand Seigniours one Vote of 40. or 50. factious Commons Servants and Members of the Army vacates all our Lawes Liberties Properties and destroys our Lives Behold here a short veiw of that Act which hath no Additions by any Act subsequent See stat 1. Mariae c. 10. Whereas diverse opinions have been before this time in what cases Treason shall be said and in what not The King at the request of the Lords and Commons Declares See 1. H. 4. c. 10. 11. H. 7. c. 1. 1. That to compasse or imagine the Death of the KING how
broached in a Pamphlet by old Rowse the illiterate Jew of Eaton-Colledge And by John Goodwin the sophistical Divine which is fully conâ—uted in A Religious Demurrer concerning submission to the present power an excellent peece but what the Sword gave To this the honest Lievtenant Colonel answered Mr. Peters You are one of the Guides of the Army used by the chief Leaders to trumpet their Principles and Tenents and if your reasoning be good then if six Theeves meet three or four honest men and rob them that act is righteous because they are the stronger Party And if any power be a just power that is uppermost I wonder how the Army and Parliament can acquit themselves of being Rebels and Traytors before God and man in resisting and fighting against a just power in the King who was a power up and visible fenced about with abundance of Laws so reputed in the common acceptation of Men by the express letter of which all thâ—se that fought against him are ipso facto Traytors and if it were not for the preservation of our Laws and Liberties why did the Parliament fight against Him a present power in being and if there be no Laws in England nor never was then you and your great Mâ—sters Cromwel Fairfax and the Parliament are a pack of bloody Rogues and Villains to set the People to murder one anâ—ther in fighting for preservation of their Laws in which their Liberties were included which was the principal declared Cause of the War from the beginning to the end I thought quoth the Lievtenant Colonel I had been safe when I made the known Laws the rules of my actions which you have all sworn and declared to Defend and make as the standard and touchstone between you and the People * The Laws are now no protection to us nor the rule of our actions but the arbitrary wills and lusts of the Grandees I but replied Hugh I will shew that your safety lyes not therein their minds may change and then where are you I but quoth the Lievtenant Colonel I cannot take notice of what is in their minds to obey that but the constant Declaration of their minds never contradicted in any of their Declarations as That they will maintain the Petition of Right and Laws of the Land c. This was the substance of their discourse saving that John pinched upon his great Masters large fingring of the Common-wealths money calling it Theft and State-Robbery and saying That Cromwel and Ireton pissed both in one quill though they seem sometime to go one against another yet it is but that they may the more easily carry on their main design To enslave the People Reader I was the more willing to present the summ of this Debate to thee that by comparing their doctrine and principles with their daily practices thou mayst perfectly see to what condition of slavery these beggarly upstart Tyrants and Traytors have reduced us by cheating us into a War against our lawful Soveraign under pretence of defending our Laws and Liberties and the Priviledges of Parliament which themselves onely with a concurring faction in the House have now openly and in the face of the Sun pulled up by the roots and now they stop our mouths and silence our just complaints with horrid Sect. 162. illegal and bloody Acts Declaring words and deeds against their usurpations and tyranny to be High Treason nothing is now Treason but what the remaining faction of the House of Commons please to call so To murder the King break the Parliament by hostile force put down the House of Lords erect extrajudicial High Courts of Justice to murder Men without Trial by Peers or Jury or any legal proceeding to subvert the fundamental Government by Monarchy and dispossess the right Heir of the Crown and to usurp his Supreme Authority in a factious fagg-end of the House of Commons to put the Kingly Government into a packed Junto of forty Tyrants called A Councel of State to exercise Martial Law in times of peace and upon persons no Members of the Army to raise what unnecessary illegal Taxes they please and share them and the Crown Lands and Revenues amongst themselves leaving the Souldiers unpaid to live upon Free-quarter whilst they abuse the People with pretended Orders against Free-quarter to alter the Styles of Commissions Patents Processe and all Legal proceedings and intoduce a forraign Jurisdiction to Counterfeit the Great Seal and Coin of the Kingdome and to keep up Armies of Rebels to make good these and other Tyrannies and Treasons is High Treason by the known Lawes but now by the Votes of the Conventicle of Commons it is High Treason to speak against these crimes Good God! how long will thy patience suffer these Fools to say in their hearts there is no God and yet profess thee with their mouths to break all Oathes Covenants and Protestations made in thy Name to cloak and promote their Designes with dayes of impious fasting and thanksgiving how often have thy Thunderbolts rived sensless Trees and torn brute Beasts that serve thee according to their Creation yet thou passest over these men who contemn thee contrary to their knowledge and professions Scatter the People that delight in War Turn the Councels of the wise into folly let the crafty be taken in their own net and now at last let the Oppressed taste of thy mercies and the Oppressor of thy justice throw thy rod into the fire and let it no longer be a bundle bound together in thy right hand They appeal to thee as Author of their prosperous sins become Lord Author of their just punishments bestow upon them the rewards of Hypocrites and teach them to know the difference between the saving strength of Magistrates and the destroying violence of Hang-men But what am I that argue against thy long-suffering whereof my self stand in need and seek to ripen thy vengeance before thy time Shall the Pot ask the Potter what he doth I beheld the prosperity of the wicked and my feet had slipped Lord amend all in thy good time and teach us heartily to pray Thy will be done in Earth as it is in Heaven 170. The Act for Abolishing Monarchy proclaimed in London May 30. 1649. The aforesaid Trayterous Act for abolishing Kingly Government and converting England into a Free-State consisting of forty Tyrants and many millions of slaves was proclaimed in London by the newly intruded illegal Lord Mayor Andrewes accompanied with 14 Aldermen of the same pack the People in great abundance crying out Away with it away with it GOD save King CHARLES the Second and bitterly reviling and cursing it and them until some Troops of Horse ready prepared in secret were sent to disperse beat and wound them and yet the Trial of the King and the subverting of our well-formed Monarchy under which we lived so happily heretofore with all other Acts of the like high nature was done in the name of the People of
and leaving no Money to content the Generals remaining part of the Army the turning the odium of seizing and secluding the Members and Murdering the KING upon the General were not sufficient diminutions of the General and augmentations of his Lievtenant General The Welch Counties are set on work to desire Harry Martin for their Commander in Chief and the Western Garrisons the most considerable of England are to be taken from the General and put into the hands of Cromwel and his Party for his retreat from Ireland so that if all this do not enable him to ruine the General it will at least enable him to divide the Army and cantonize the Kingdome and turn the General into the dangers and troubles of the starving forlorn North Counties bordering upon Scotland And if Cromwel find Ireland too hard a bone for him it is thought he will endeavour to surprize the Isle of Man and from thence infest Scotland and Ireland 202. An Inquisition for blood an ingenious piece newly come to light About the 18. July 1649. was presented to the world an ingenious â—ce entituled An Inquisition for Blood to the Parliament instatu quo nunc And to the Army Regnante wherein the Author proves That the KING did not take the guilt of blood Himself by granting the Preambulatory Proposition in the late Treaty in the Isle of Wight in these words viz. That he acknowledged that the two Houses of Parliamentâ— were necessitated to undertake a War in their own just and lawful Defence c. And that therefore all Oathes Declarations or other publique Instruments against the two Houses of Parliament or any for adhering to them c. be Declared null suppressed and forbidden His Majesty in yielding to this Grant had reference to two ends 1. To prepare the way to peace which without this had been hopeless 2. To secure and indempnifie the two Houses with all their Adherents and rid them from those despairing feares and jealousies which made them adversaries to Peace For the words of the Preamble they were not of His penning He was not Author of them but an Assentor to them nor was He or his Party accused or so much as mentioned in them He made this Concession sub stricta novacula when the Razor was as it were at his throat 1. An Army of 30000. Horse and Foot effective against Him 2. When He was endangered and tired out with a long and close Imprisonment 3. When many dangerous and menacing Petitions against His life had been encouraged and entertained so that the King may seem to have been necessitated to yield to this Grant for His own just and lawful defence His Majesty passed this Concession with these two Provisoes 1. That it should be of no validity until the whole Treaty were intirely consummated 2. That He might when he pleased enlarge and clear the truth with the reservedness of his meaning herein with publick Declarations Now the Treaty being powerfully carried on without Debate or receiving any Proposition from the King as was capitulated and reciprocal Proposals are of the Essence of all Treaties this Grant could never bind Him This Grant was a meer Preambulatory Proposition not of the Essence of the Treaty Philosophers and School-men tell us Proems to Lawes are condemned by many Lawyers and Polititians Est nihil frigidius Lege cum Prologe jubeo lex non suadet No valid proof can be drawn out of Proems and Introductions but out of the body of the Text. So in the Laws of England and in all Accusations and Charges Prefaces and Preambles are not pleadable They are the last in penning of Laws least in account nor never had the force of Laws There 's not a syllable in this Preface which Repeals any former Law inflicting a Penalty upon such Subjects as bear or raise Arms against their KING nor those Laws which è contrario exempts from punishment all subjects adhering to the Person of the KING in any Cause or Quarrel Whereas the said Preface saith the two Houses were necessitated to make a War c. This may relate to a necessity à parte post not à parte ante self-defence is the universal Law of nature extending to all Creatures it is non scripta sed nata Lex By raising Tumults c. Therefore when the two Houses or rather a schismatical Party in them had brought upon themselves a necessity of Self-defence His Majesty was content to acknowledge that necessity If one man assault another upon the High-way and the Assailed furiously pursue the Assailant putting him to the defensive part the Assailant is now necessitated to fight in his own defence although he drew that necessity upon himself yet is he now excusable à posteriori not à priori And as Civilians say of clandestine Marriges Quod fieri non debuit factum valet for multa sunt quae non nisi peracta approbantur Lewis the 13. of France had many Civil Wars with his own Subjects amongst other Treaties to compose them upon the Treaty of Lodun he was enforced to publish an Edict approving of all that had been done by his Opposites as done for his service The like extenuations are not unusual at the close of Civil Wars and the only use made of them was never other than to make the adverse Party more capable of pardon to secure them against the brunt of the Laws to salve their credits and pave the way for an Act of Oblivion and restore a setled peace Peace and War like Water and Ice being apt to beget one another But never was use made of such Grants to ruine the King that Granted them or his Party Thus having confuted that misprision That the King by Granting that Introductory Proposition had taken all the Blood upon His score my Author having cleared his way to his farther Inquisition after Blood proceeds and tells you Blew-Cap was the first that opened the Issue of Blood by entering England and shewing Subjects the way of representing Petitions to the King upon their Pikes points That the Irish took their rise from him And whereas occasion was taken to calumniate His Majesty for having a foreknowledge thereof amongst many other convincing Arguments to clear him my Lord Macguire upon the Ladder and another upon the Scaffold did freely and clearly acquit Him And in regard great use was made of the Irish Rebellion to imbitter the People against the King the Author winds up the causes thereof upon one bottom Telling you 1. They who complied with the Scots in their first and second Insurrection 2. They who dismissed the Irish Commissioners sent to present some grievances to the Parliament with a short unpolitick harsh Answer 3. They who took off Straffords Head the onely Obstructor of that Rebellion and afterwards retarded the Earl of Leicesters going into Ireland 4. They who hindered part of the disbanded Army of 8000. Men raised by the Earl of Strafford being Souldiers of Fortune
to Coote and a Direction for him how to behave himself in the Transaction between him and Owen Roe O Neale this Transaction is called in the Articles ut supra a more absolute Agreement These Letters Articles and Votes being Apologetically published for satisfaction of the Souldiery and People it had been fit to have communicated the said Directions also to the Trustors and Soveraign Lords the People that they might have seen fair play above board and not to have sent clandestine Directions to Coote in so suspitious a business how to behave himself in the Transaction with O Neal which implies the said Transaction shall be continued and may be compleated the rather for that their second Vote saith The House is well satisfied of the diligence faithfulness and integrity of Sir Charles Coote in preserving the Garrisâ—n of London-Derry now it was preserved by his said Conjunction with O Neale who raised the Siege 208. The Levellers vindicated or The Case of the twelve Troops c. About this time came forth a Book called The Levellers vindicated or The Case of the 12. Troops which by Treachery in a Treaty were lately surprized at Burford Subscribed by Six Officers in the name of many more Wherein p. 2. they say That under colour of the Armies solemn Engagement at New-market and Triplo-heath June 5. 1647. and many other their Declarations Promises and Protestations in pursuance thereof which Engagement they affirm against their Preaching Coronet Denne was never retracted by any General Councel of the Army nor upon any Petition of the Souldiers nor their Agitators ever by them recalled or dismissed The whole Fabrick of this Commonwealth is fallen into the grossest and vilest Tyranny that ever Englishmen groaned under all their Laws Rights Lives Liberties and properties wholly subdued to the boundless wills of some deceitful Persons having devolved the whole Magistracy of England into their Martial Domination c. Pag. 7. They say That the Souldiers Paper-Debentures are good for nothing but to sell to Parliament men for 3 s. or 4 s. in the pound which they are forced to sell them for to keep them from starving because they will not pay one penny Arrears to such as they put out of the Army any otherwaies that so they may rob the Souldiers of their Seven years Service and make themselves and their Adherents Purchasers of the Kings Lands for little or nothing and for ought appears the Money they buy these Debenters with is the Money the Nation can have no Account of That they have dealt as basely with other Souldiers who never resisted their Commands 1. They turned them off with only two months pay 2. They have taken away three parts of their Arrears for Free-quarter without satisfaction to the Country And at last force them to sell their Debentures at the aforesaid rates that those Souldies that are continued in Arms shall fare no better when they have served their turns with them Pag. 10. they say Their Engagement against the King was not out of any Personal enmity but simply against his Oppressions and Tyranny on the people but the use and advantage on all the success God hath been pleased to give us is perverted to that end that by his removal the ruling Sword-men might intrude into his Throne set up a Martial Monarchy more cruel arbitrary and tyrannical than England ever tasted of and that under the notion of a Free-State when as the people had no share at all in the constitution thereof but by the treachery and falseness of the Lievtenant General Cromwel and his Son in Law Ireton with their Faction was enforced obtruded by meer Conquest on the people And a little after now rather than to be thus vassalized thus trampled and trâ—d under foot by such as over our backs have stepped into the Chair of this hateful Kingship over us in despight of the consent choice and allowance of the Free-people of this Land the true fountain and original of all just Power as their Votes against Kingly Government confess we will chuse subjection to the Prince chusing rather ten thousand times to be his Slaves than theirs c. Pag. 11. They Vote and Declare The People the Supreme Power the Original of all just Authority pretend the promotion of the Agreement of the People stile this The first year of Englands Freedome entitle the Government A Free State and yet none more bloody violent and perverse Enemies thereto for not under pains of death and confiscation of Lands and Goods may any man challenge or promote those Rights of the Nation so lately pretended by themselves Nothing but their boundless lawless wills their naked Swords Armies Arms is now Law in England c. 209. Col. Morrice Governour of Pontefract for the King Endicted at the Assizes at Yorke condemned and executed 16. August 1649. Col. Morrice who kept Pontefract Castle for the King was Endicted before Judge Thorpe and Pulleston at Yorke Assizes upon the Stat. 25. Edw. 3. for leavying War against the late King and Parliament The Colonel challenged one Brook Forerman of the Jury for being his professed Enemy but the Court knowing Brook to be the principal Verb the Key of their work answered Morrice He spake too late Brooks was sworn already Brook being asked the Question whether hee were sworn or no replied he had not yet kissed the Book The Court answered It was no matter that was but a Ceremony alleadging he was recorded Sworn there was no speaking against a Record Sure they made great haste to record him sworn before he could kiss the Book so Brooke was kept in upon this cavil by whose obstinacy Morrice was condemned I cannot wonder that legal Forms and Ceremonies are laid by although justice cannot subsist without those Legalities to ascertain her proceedings which otherwaies would be left at large to the discretion of the Judge when I see our known Laws Magna Charta the Petition of Right 3 Carol. and the rest with the fundamental Government of this Nation pulled up by the roots to carry on their Designs of enslaving the people to their lusts notwithstanding the Parliaments Declarations Remonstrances Protestations Covenants and Oaths to the contrary and their late Vote in the Act for Abolishing Kingly Government That in all things concerning the Lives Liberties Properties and Estates of the people they would observe the known Laws of the Land But to return to our Relation Then Morrice challenged 16. more of the Jury where Pulleston was so pettish that he bad Morrice keep his compass or else he would give him such a blow as should strike off his head Until Morice cited the Stat. 14 Hen. 7. fol. 19. whereby he might challenge 35. men without shewing cause Here you see the Judges which ought to be of Councel with the prisoner in matter of Law endeavouring to out-face and blind the prisoner with ignorance of the Law being a Martial-man Then he desired a Copy of his
aforesaid commotions and all other causes they pleased to call High Treason They had no other bounds nor limits in their proceedings than 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 only Judges Leges dicere but also Law-makers Leges dare as all Judges are who take upon them a liberty to observe no set forms of proceedings but at their own pleasure 1. Article Petitioning against Innovations in Government and for the known 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 All Petitions heretofore tendered to the States or Cities Corporate against the erecting of new Episcopal Sees or against the Holy Inquisition or or requiring a Moderation of Decrees or Acts of State Parliament are accounted meer conspiracies against God and the King 2. Art All Nobles Gentry Judges Magistrates and all others who connived at Heretical Sermons plundering of Churches and delivering such Petitions as aforesaid pretending the necessity 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 ancient Priviledges immunities and laws for Treason We have forfeited our laws by conquest or else our Grandees would not pass the two Acts for Treason 14. May 17. July 1648. nor erect the High Court of Justice and abolish our ancient lawes and government See Pol. 3. Oct. 1650. and the Case of the Kingdome stated and that it is not lawful 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 Oaths Promises Grants Contracts and Obligations whatsoever Compare this with the two Acts for New Treasons 14. May 17. July 1649. and the Act 26 March 1650. and Sir John Gells Case stated 4. Art They that affirm this Councel or High Court of Justice exercise Tyranny in their Proceedings or Judgements and that they are not Supreme and competent Judges in all causes Criminal and Civil Our High Court of Just exceeds all this See Sir John Gells Case stated Printed Aug. 1650. 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 Judgment Execution and Confiscation of life and goods without publishing the cause or charge and without any legal form of Trial. All these are guilty of High Treason against God and the King The Rigour Cruelty and Injustice of this New erected Counsel of Blood or High Court of Justice enforced the Low 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 mean petty fellowes Natives of that Island men even at home of obscure Birth Breeding and Fortunes we cannot finde examples of Ambition Usurpation and Tyranny as high and transcendent as bloody and destructive as covetous and greedy as any of the fore-recited 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 bloody oppressing cheating Designs promoted by Perjury Treachery breach of Faith Oaths and publick 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 subtilties the said party in the two Houses now combined openly under the General 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 inriched with publick spoyls 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 integral and principal Member of the Parliament of England far antienter than the House of Commons and having a power of Judicature to administer an Oath which the House of Commons never had nor pretended to have until 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 conferences as the Grand Inquest doth before the Judges because they rejected the Ordinance for Trial 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 Fundamental Government Laws and Liberties of the Land To pull up by the Roots without Legal proceedings 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 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 redress slighted N stands for a Neuter he is more indifferently rated and upon cause shewn may chance 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 concur with them in the height of their villanies The pretended Parliament are now debating to raise the Monethly Tax to 240000 lib. or to deprive every man of the third part of his Estate both Real and Personal for maintenance of their immortal Wars and short lived Commonwealth 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
a Meanes conducing to that Generall End Some few whereof I will here set down for my Readers satisfaction 1. To tollerate no King nor Magistrate Superior to themselves as Being a Tyranny or Bondage over the Christian Liberty of the Saints and Kingdom of Christ Because they know no Christian Magistrate can tollerate them being by the Genius of their Sect enemies to all Civil Societies whether Monarchicall Aristocraticall Democraticall or Mixed as the Kingdom of England was before these men destroyed it Besides their common Doctrine That they are appointed to break the powers of the Earth to pieces To levell the hils and fill up the vallies That they are called To bruise the Nations with a rod of Iron and break them in pieces like a Potters vessell Which they have done in England and threaten the like in France Germany c. whereof their Pulpits and discourses sound Observe their Practises in the Low Countries Where having by their spies and Emissaries found out some Burgers of the same humour with themselves They propagated their Doctrine so far as to endeavour to strike the Aristocraticall Members out of that Common-wealth by abetting some of the States Provinciall to lessen and so to abolish by degrees The Lords States Generall the Optimates of that State To ruine the Prince of Orange to whose Family they owe their Liberty To dissolve the Generall Union of the said United Provinces and so take in pieces the whole Frame of that Republick To say nothing of their Insolencies in fighting and killing their men because the Belgike Lion will not strike saile to their Crosse and Harpe and in blowing up the Antelope in Helversluce Which shews what good Neighbours Holland and other Parts are like to have of the New State of England and Ireland when they have made themselves intire by the purchase of Scotland that is born like our English Richard III. with Teeth in its head and snappeth at its Neighbours before it be out of its Swadling clouts This is the cause that Cromwell before he set saile for Ireland caused his Journey-men the pretended Parliament To passe an Act for Tolleration of all Errors Heresies and Schismes under the Notion of Liberty of Conscience and Ease for Tender Consciences 2. Their second Principle is That the Good things of this World belong onely to the Saints that is Themselves all others being usurpers thereof and therefore they may rob plunder sequester extort cheat and confiscate by illegal Laws of their own making by extrajudicial Courts and partial Judges of their own constituting other mens goods and estates upon as good Title as the Jews spoyled the Egyptians or expelled the Canaanites 3. Their third Principle That the Spirit which sanctifies and illuminates these men in every particular man blowes when and where it will sometimes this way sometimes that way often contrary waies And therefore they can make no profession of any certain Rule of Doctrine or Discipline because they know not which way the Spirit will inspire For this reason they are still pulling down old and setting up New Doctrines as the Nomades do cottages onely constant in unconstancy They professe their consciences are the Rule and Symboll both of their Faith and Doctrine by this Leaden Lesbian Rule they interpret and to this they conform the Scriptures not their Consciences to the Scriptures setting the Sun-Dyall by the clock not the clock by the Sun-Dyall That every man must pray according to the Dictates of his Private Spirit They reject the Lords Prayer for fear of quenching the Spirit When they break their Faith Articles Promises Declarations and Covenant they Alleage the Spirit is the Author thereof When Cromwell contrary to his vowes and Protestations made to the King kept him close Prisoner in Carisbrook Castle He affirmed the Spirit would not let him keep his word When contrary to the Publick Faith they Murdered Him they pretended They could not resist the Motions of the Spirit Sua cuique Deus fit dira libido This Hobgoblin serves all turnes 4. Their fourth Principle is That they may commit any sin and retain their Sanctity in the very Act of sinning For what is sinfull in other men is not so in the Saints who may commit any crime against the Law of God and yet it cannot be imputed to them for sin Because they know in their Consciences what they do So tender and delicate are their Consciences That they are capable of any Offence against their Neighbour without breach of Justice or Charity A righteous man is a Law to himself 5. Their fift Principle is That 7. make a Church although men women and children and that this Church is Independent upon any other The Anabaptists though they neither professe to follow Paul nor Cephas yet declare themselves to be some of Cromwells Church some of John Goodwins some of Kiffins some of Patiences and some of Carters Church 6. Their sixt Independent Principle is That if a man be questioned for any crime though his Judges have neither competent witnesses proofs nor Evidence of his guiltinesse yet if they think in their Consciences he his guilty they may condemn him out of the Testimony of their own Private Consciences Is it not fit men so Principled should be Judges and Jury too and condemn men by inspiration So Colonel Andrews and Sir John Gell were condemned for Bernard and Pits witnesses against them were apparently suborned by Bradshaw and Sir Henry Mildmay against them and forsworn in the same cause and good proof offered to the Court that they were both Flagitious men of scandalous life and conversation The letter supposed to be sent by Andrews to Gell was delivered to Bradshaw whereof Bradshaw sent a Copy onely to Gell at 10. of the clock at night and had a warrant then ready to arrest Gell which was done earely next morning before he could conveniently discover it Yet was Gell sentenced for Misprision of High Treason See Sir John Gells case stated August 1650. with Colonel Andrews Attestation in his behalf under his hand a little before his death And though Sir John was Impeached and Mr. Atturney prosecuted him onely for Misprision yet had he much ado to keep that bloud-thirsty old cur Keeble from taking a leap at his throat and giving Judgement against him for High Treason So for want of Law Sir John had like to be hanged by Inspiration and Instinct of the Spirit He that will see more of the Independent Tenets Let him read Cl. Salmasius chapter 10. Defensionis Regiae Elenchus Motuum nuperorum in Anglia And the History of Independency first and second part These 6. I have selected that by comparing their Doctrine with their daily Practise the Reader may perceive what pious Christians good Patriots and upright Judges these engaged Independent Commissioners of the High Court of Justice are like to prove The builders of this New Common-wealth or Babel hold forth to the People Justice and Liberty as their Motto
Liberty of Priviledged Spies speak bold language to draw other men into danger and plot conspiracies which themselves detect and are rewarded like Decoy Duckes for their paines Of this sort are Bernard and Pits set no work to betray Gell and Andrewes as aforesaid For which Bernard had 300 l. and a Troop of horse conferred upon him Johnson that falsly accused Sir Robert Sherly and Colonel Egerton for their charity in relieving his wants is another Varney is a Fourth So well are they fitted with these Sonnes of Belial that no Naboth can keep 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 and upon one point to distract his memory and not to let him be quiet untill he perceive he must speak what their questions and discourses lead him to to redeem himself from vexation To say nothing of their Menaces To torture men if they will not confess what they impudently pretend is already discovered by other meanes And their insinuating into the Affections of witnesses by asking them Whether the State doth not owe them money And why they do not use fitting meanes and opportunities to recover it And why they do not make meanes for some beneficiall employment 5. In Magna Charta chap. 29. it is enacted That no Freeman shall be taken or imprisoned or be disseised of his Free-hold or Liberties or Free-Customes or be outlawed or exiled or any otherwise destroyed nor we will not passe upon him or condemn him but by lawfull Judgement of his Peers or by the Law of the Land We will sell to no man we will not deny or defer to any man Justice or Right See Statute 2. Edward 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. Edward IV. fol. 6. Dier folio 104. Cook lib. 5. folio 6. lib. 10. folio 74. lib. 11. folio 99. Regist folio 86. Where note the word Peers signifies that no man is to be condemned or destroyed but by the lawfull verdict of a Jury of 12. sworn men of the Neighbourhood where the Fact was committed because in probability Neighbours may have best cognisance of the Fact and of the life and conversation of the Party Accused And these only are Competent Judges of Matter of Fact and 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 go upon the Prisoner unlesse a Bill of Enditement containing the whole Matter of charge be first found in open Court by a Grande Jury or Enquest of sworn men who are to enquire of the Fact upon the Oathes of two lawfull witnesses at least to every materiall Point of the Enditement and then when the Grande Enquest are all agreed the Foreman endorseth upon the back 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 null Cookes 3. Instit chapter High Treason and Petty Treason And whereas the Statute saith but by his Peeres or by the Law of the Land Lex Terrae signifies The Antient Customes of the Land Amongst which Fundamentall Customes Trialls by Juries hold a principall place And when the King Charles I. accused this Parliament That they disposed of the Subjects Lives and Fortunes by their votes contrary to the known Laws of the Land This Parliament in their Remonstrance Sept. 1642. 1. Part of the Book of Declarations fol. 6 9 3. highly resented it And Magna Charta being nothing else but an Affirmation of the Common Law inserted this Clause or by the Law of the Land as a speciall caution not to annihilate or frustrate no not so much as tacitely or by preterition any of the said Fundamentall Lawes or Customes nor any other particular lawfull Customes which are not one and the same in all parts of England Witnesse the Custom of Gavelkind in Kent I have told you what our known antient Legal Courts of Justice do And I must tell you that Legal formes and set Modes of proceedings are so essentiall unto Justice that without them we can not measure the Rectitude of Obliquity of Justice or Injustice where they do not chalk forth the way both Judges Lawyers Officers and Atturneys will tread what subtle obscure pathes they please usurp an Arbitrary power and latitude to prevaricate and so far corrupt and work the Law of their sense that they will rather Leges dare then Leges dicere so that what is Law in one mans case shall not be so in another mans They will so intricate and intangle causes that every case shall be Casus pro amico as Civilians call it when upon full hearing The Merits of the cause appear so equall and undistinguishable on both parties that the Judge may according to his discretion look upon the Merits of the Persons onely and give the cause Pauperiori viâ Charitatis or digniori ratione virtutis Justice not fixed by Formalities will become such a vagrant that no man shall know where to find her Let us now see what our new shambles our upstart High Court doth Which in this work of Reformation and Destruction so much abhorres Superstition and Ceremonies and sticks so close to a Summary way of proceeding that they have not onely stripped but flead her as their Masters the Parliament not onely fleece but flea the People In lieu of a Bill of presentment by a Grande Enquest the pretended Parliament or Counsell of State send a List of such Persons names as they have proscribed And set a Nigrum Theta upon as men dangerous to their designed interest to the Masters of their Slaughter-house The said High Court together with such Depositions as they have taken in corners against the Prisoners and this is such a forejudging of them that the said Court neither will nor dare acquite whom their Masters and Pay-Masters have precondemned Next Articles of Impeachment in nature of a charge are drawn up against the Prisoner although such Articles are nothing in Law which regards onely a Bill of Inditement Then the Prisoner after a close Imprisonment for he knows not what upon two daies warning is led to the Bar where the first work is to dazle his eyes amaze and distract his Judgement and Memory with the terror of their Souldiers the Numerousnesse high affronting words and looks of his Judges having thus mortified the Prisoner he is commanded to hear his charge read and bid plead to it Guilty or not Guilty If he own their Jurisdiction and plead the said Generall Plea they have him where they would have him they never ask him how he will be tried Whether by God and his Country For God hath no hand in
to rest satisfied therewith You see here a Whip and a Bell provided to keep the whole Kingdom in awe the declared Supreme power of their Soveraign Lord the People must resign their known Lawes to their Trustees their Representatives in Parliament and take New Lawes from their Arbitrary votes or woe to be to their Necks and Shoulders 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 appear as a Prisoner 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 lie told with Authority Yet if a man be Endited of Treason or Felony in the Court of Common Pleas a man may Demur to and dispute the Jurisdiction of that Court because it is not in Criminall Causes Competens Forum nor the Judges Competent Judges every man and every cause must be tried Suo Foro non Alieno So 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 lawfull 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 Kingdom Oh Brutish irrationall Kigdom 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 Bruer and Pride his Dray-man shall be called the Reason and Law of the Land This confirmes the truth of what King Charles 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 Lawes 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 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 demuâ—re to the Jurisdiction of the Court. If you do they let you know that they over-rule your Demurrer and affirm their own Jurisdiction Reason is not to be heard against the Highest Jurisdiction the Commons of Engl. make a direct and 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 proconfesso and immediately give Judgement 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 overrules 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 befall all sorts of People if they tamely and cowardly suffer themselves to be deprived of their antient Legall Trialls by Enditement and Juries of the Neighbourhood then which the whole world cannot boast of a more equall way and suffer their Lives Liberties Estates and Honours to be subject to an Arbitrary Extrajudiciall conventicle of Bloud Cromwells New Slaughterhouse which hath neither Law Justice Conscience Reason Presisident or Authority Divine or Humane but onely the pretended Parliaments irrationall Votes and the Power of the Sword to maintain it which will prove a Cittadell over their Liberties a Snare to their Estates a Deadfall to their Lives and Scandall to their honors and Families if not timely opposed 1. By the Law The Enditement must specifie what the Treason is and against what Person committed As against our Soveraign Lord the King his Crown and Dignity But in the said Articles of Impeachment it is alleaged that the Treason is committed against the present Government or against the Keepers of the Libeâ—ties of England but in this dead-water our turning Tide between the old Regall and this New unknown Government no man knows how to do look or speak for fear of contradicting the guilt of an Interpretative Treason upon the said two Statutes for New Treasons and before this boundless lawless New Court And to say that Treason is committed against a Government in abstracto is Non-sence it must be said that Treason is committed against the Governors in Concreto naming them For there being no Treason without Allegeance And Allegeance being a personall Obligation must be due from a certain known Person to a certain known Person or Persons And therefore the Keepers of the Liberties of England not being yet made particularly known to us who they are or where to be found or what their power Duty or Office is and being not tied by any set Oath to deal well and truly with the People as Kings are by their Coronation Oath for if the stipulation be not mutuall the People are Slaves not Subjects Since the Duties of Allegeance and Protection Obedience and Command being reciprocall as they must needs be the Parliament having declared the Supreme power to be in the People they must not govern them Mero Imperio by Lawless votes like Turkish Tartarian and Russian Slaves I cannot owe nor perform Allegiance to those Individua vaga the Keepers or Gaolers of our Liberties nor to an Utopian Commonwealth And without Allegeance no Treason for in all Enditements of High Treason it must be alleaged That the Accused did Proditoriè perpetrate such and such Crimes Contra debitam Allegantiam suam And the word Proditoriè signifies the betraying of a Trust According to the Proverb In Trust is Treason Now where there is no profession of Allegeance there is no Acceptance of a Trust no man can trust me against my will I was born under a Regall Government have read the Stat. Recognition 1. Jac. Have taken as well as others the Legall Oathes of Allegeance Obedience and Supremacy to the King his Heires and Lawfull Successors imposed upon me by lawfull Authority and from which no power on Earth can absolve me and so much I attest in the Oath of Supremacy And how I should now come after the New Moduling of the Parliament and Kingdom by Souldiers to owe Allegeance to Cromwell the Bruer Scot the Bruers Clerk Bradshaw the Murderous Petty fogger Sir Henry Mildmay the Court Pander and
Projector Holland the Linkeboy John Trencharde that packed a Committee in which he was a Member and voted to himself 2000 l. Love the super-inducted Six Clerk or any other of that Self-created Authority let them sheath their swords and tell me See the Additionall Pâ—stscript at the Latter end of this Book 2. An Enditement must certainly allege the Offence committed in respect of the Matter Time Place Persons and other Circumstances But in these Articles of Impeachment they tie themselves to no such certainties Whereby the Accused knows not at what ward to lie nor how to make his Defence The Circumstances of Time Place and Persons being the assured Testimony of all Humane Actions This Lawless Court leaves him in a vast Sea of Troubles without Pole-star card or compass to steer by The Arbitrary Opinions of this Court declared upon emergent Occasions being a false-hearted Pilot to him These Judges not being of Counsel with the Prisoner as our Legall Judges are who swear to do Justice according to the Law 3. By the Law any learned man that is present may inform the Court for the benefit of the Prisoner of any thing that may make the proceedings erronious Cooks 3. Instit p. 29. But the whole Proceedings of this Court their Meeting and sitting being erroneous here is no room left for Admonition To take away their errours is to take away Court 4. Cooks 2. Instit pag. 51. expounding the 29. chapter of Magna Charta hath these words All Commissions ought to be grounded upon the Laws of England not upon the votes of the House of Commons and to contain this Clause in them To do what is just according to the Laws and Customs of England not to execute the severall powers given them by the Act. 26. March 1650 and a little further he saith Against this Antient and Fundamentall Law I find an Act of Parliament made 11. Hen. VII c. 3. That as well Justices of Assize as Justices of the Peace without any finding or presentment by the verdict of 12 men upon a bare Information for the King before them made should have full power and Authority by their Discretions to hear and determine all Offences and Contempts committed or done by any Person or Persons against the Form Ordinance or effect of any Statute made and not repealed saving Treason Murder or Felony By colour of which Act shaking this Fundamentall Law it is not credible what horrible Oppressions and Exactions to the undoing of infinite number of People were Committed by Empson and Dudley Justices of the Peace throughout England And upon this unjust and injurious Act a New Office was erected as commonly in like cases it falleth out and they made Masters of the Kings Forfeitures I hear such an other Offfce will be erected when the Novelty of this wonderfull High Court is lessened and the yoke thereof throughly setled upon the Peoples Necks Yet observe the said Act. 11. Hen. VII c. 3. went not so high as to Treason Murder and Felony But by the Stat. 1. Hen. VIII chap. 6. the said Act 11. Hen. VII was repealed and the reason given For that by force of the said Act it was manifestly known That many sinister and crafty forged and feigned Informations had been pursued against many of the Kings subjects to their great dammage and wrongfull vexation The ill successe hereof saith Cook and the fearfull end of these two Oppressors who were Endited and suffered for High Treason for all the said Act 11. Hen. VII passed in a full and Free Parliament Cooks 3. Instit p. 208. Should admonish Parliaments That instead of this Ordinary and precious Triall by the Law of the Land they bring not in Absolute and Partiall Trialls by Discretion And in his 4. Instit page 41. Cook saith Let Parliaments leave all Causes to be measured by the golden and streightned wand of the Law and not the uncertain and crooked cord of Discretion for it is not almost Credible to foresee when any Maxime or Fundamentall Law of the Land is altered what dangerous inconveniences will follow as appeares by this unjust and strange Act 11. Henry VII chap. 3. 5. This Parliament alwaies 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 Trialls by Juries the Chief and most Fundamentall of all our Laws See their 1. Remonstrance Therefore in their 7. Article against Strafford They charged him with High Treason for giving Judgements against mens Estates without Trials by Juries Much aggravated by Master St. Iohns in his aforesaid Argument against Strafford And for the better preservation of Legall Trialls by Juries it is provided in the Bill of Attainder of Strafford that the case of the same Earl 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 fundamental Laws of the land for preservation of the lives liberties and properties of the people with all things incident thereto Now to erect an arbitrary lawless high Court to give judgment against mens lives and estates and attain their bloods without Enditement found by a grand Jury and a trial by a Jury of twelve sworn men vicineto is a far fouler breach of trust in them against their Sovereign Lords the People than all they charged the King withall and a far higher act of tyranny and injustice than either the late King or Empson and Dudley or Strafford were accused of But if they alledg They do not put down Juries in general but only in some particular mens cases and upon necessity I answer That we are all born Freemen of England alike That our ancient known Laws Laws Courts and trials by Juries are our inheritance equal alike to all And one party or part of the people ought not to be disherited disfranchised or forejudged no more than another No man can be said guilty of any crime until he be legally convicted and sentenced the Law must first go upon him and condemn him Ubilex non distinguit non est distinguendum If we do not live all under one Law and form of Justice we are not all of one Commonwealth See the aforementioned Gentlemans Argument against the special Commission of the Court of York For Necessity our present power is under none but the fears and terrors of their own guilty consciences No apparence nor probability of any enemy by their own confession nor can they plead 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 powerful and dangerous persons as could not safely be called to account by the Law so dyed Joab Adonijah c. for which the rule is Neminem adeo eminere
Freeman shall be taken or imprisoned or be disseised of his Freehold or Liberties or Free Customs or be out-lawed or exiled or any other ways destroyed Nor we shall not pass upon him but by a lawful Iudgment of his Peers or by the Law of the Land 2. We shall sell to no man nor deferr to any man Iustice 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 Iustice Power is given to this Court To Try Condemn 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 appertain to Justice And therupon 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 Justice 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 Iustice and Right shall be deferred to all Freemen and sould to all that will buy it By the Petition of Right 3. Car. upon premising That contrary to the Great Charter Trials and Executions had bin had and done against the Subjects by Commissions Martial c. it was therby prayed 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 hereupon Humbly observeth and affirmeth That this Court is though under a dâ—fferent stile in nature and in the Proceedings therby directed the same with a Commission Martial The Freemen thereby being to be tried for life and adjudged by the Opinion of the Major Number of the Commissioners sitting as in Courts of Commissioners Martiall was practised and was agreeable to their constitution And consequently against the Petition of Right in which he and all the Freemen of England if it be granted there be any such hath and have Right and Interest he humbly claimes his right accordingly By the Declarations of this Parliament Dec. and Jan. 17. 1641. The benefit of the Laws and the ordinary course of Justice are the Subjects Birthright By the Declaration 12. July 6. 1. Octob. 1642. The Prosecution of the Laws and due administration of Iustice are owned to be the justifying cause of the War and the end of the Parliaments affaires managed by their Swords and Counsels 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 Justice in the ordinary Courts By the Ordinance or Votes of Non-addresses Jan. 1648. It is assured That though they lay aside the King yet they will govern by the Laws and not interrupt the course of Iustice in the ordinary Courts thereof * * Th y forget the 2. Declarations 9. Febr. 17. March 1648. And therfore this Respondent humbly averreth and affirmeth That the constitution of this Court is a breach of the publique 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 vertue of Magna Charta The Petition of Right and 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 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 Justice 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 shall be Necessary In all humblenesse for the present Answer offereth to this Honourable 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 the 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 until Acquital 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 49. Ed. III. Num. 23. Sr. John of Lees Case 2. Auterfois acquit appears by Wetherell and Darlâ—is Case 4. Rep. 43. EliZ. Vaux his Case 4. Rep. 33. Eliz. 3. The Enlargement appears by Stat. 14. Hen. IV. chap. 1. Diers Reports fol. 121. The year book of Eâ—â— 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 therby punishable the injured and betrayed not vindicable Which are defects incompatible with a Court of Iustice and inconsistent with Iustice 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