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A77287 True excellency of God and his testimonies, and our nationall lawes against titular excellency. Or, A letter to the General his excellency Thomas Lord Fairfax, with a complaint and charg against tyrannicall Whitchcock the Governour of Winsor for arbitrarily, designingly and maliciously walking contrary to the Scriptures of God, and the laws and liberties of the people. / From Captain VVilliam Bray at his un-Christian indurance there. Bray, William, 17th cent. 1649 (1649) Wing B4315; Thomason E571_32; ESTC R206130 11,419 8

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the Sheriffe and not delivered c. The Castle or Fortresse shall be beaten down without recovery and all the damages that the people hath sustained in his beasts c. shall be restored him by the Lord or by him that took the beasts if he have whereof and if he have not whereof he shall have it of the Lord See Lieut. Col. Lilburn that Patriot in his Bo●k called the Peoples Prerogative Bro. Rio● 2. 3. 52 H. 3. 3. 13. Ed. 1. 32. V.N.B. fol. 43. 44 Regist fol. 85 52. H. 3. 21 Regi fol. 81 fitz N. B fo 68. F. But now there is not so much c●re of mankind though Christ declares Gods providentiall care of humane nature of the h●lt of a mans head nor mentioning my engagement unto bloud and faithfulnesse for Laws and Liberies as there is provision for beasts no not that provision that the laws of Nature the Land and especially Christianity provides O brave Representative Justice as you and they call your selves Oh brave General of an English Army for Laws and Liberties who hath declared against arbitrariness under his hand in several Declarations to King and Parliament and more then that violently opposed his Lords and Masters and Benefactors under a pretence of Justice If the meer being of Policy alias Knavery and Force is in this our generation good and just then the cruelty and murther of the Lord Jesus was good and just which any honest man or Christian abhors to imagine then the murther committed upon other saints and servants of God was just then resolved designing robbers and murtherers upon the high-way are holy and just men then the Kings cause was good and would have been as good as yours every whit if he had been but Conquerour and yet you arraigned him at your Bar for a Tyrant a Traytor and a Murtherer But this way of unrighteousnesse I had much jealousie in my spirit before the Kings blood was taken away would and will come to passe dest●uctive to the Laws of God Nature and the Land And indeed when I came unto you from the Tro●ps being with others sent with an assurance from them to your Excellency they did by me assure you that if there was cord alnesse justice and impartiality and the laws of settlement justice and freedom to the Nation in futur as you had declared you aimed at they would if God and Nature c●lled for it spill their blo●d as water to accomplish those ends for the Nation under your conduct And truly Sir I must professe as in the presence of the Lord I was as cordial to you and your person i● order and subordination to that supreme end and the honour and love I b●ar to m● God and my Country as to my own body and spirit But I must confesse my judgment was the Tryall of the King would not be so justifiable bu● by a new speedy and free Parliament as I told one of your Secretaries and divers others in the Gallery at White-hall and I looked upon the Laws Rights Freedoms and safeties of the peop●e to be that alone that would justly satisfie them make ● good issue of the Wa● and make a generall peace in the Nation according to mutuall agreement and concord in common and plain principles of Scrip●ures and common reason as Mr Solicitor Cook said against King Charles in his Case pag. 22. But I went again suddenly into the country and having not been there long I had information of the break●ng and rending of t●e House of Commons part of which was done before I went out of Town and the declared pretence was bruited abroad that they joyned in the Scotish Invasion and a little after that I heard of the erect●on of a Court of Justice and of the resolution of the Grand●es intention to try the King before a new Parliament and before they went through the Rights of the People which when I he●rd made me fetch a deep and hearty sigh in my own spirit for my Country to consider it and what insecurity there was to the peoples Rights Justice Freedom and Peace which the Army spake so much of in the Remonstrance from St. Albans the 16 of Novemb. last against the King and Parliament declaring against the inordinate temper of spirit to bre●k the bonds of Law and Magistracy and to fly above the due bounds of Order and Government against interest and that the King would not stop or bogle at principles of ●evenge falshood cruelty faith or oath pretences will power oppression corrupt forms without law or rooted in the Law against awfull reverence and idolizing of persons offices and dispensations to fit for Ecclesiasticall and Civil Tyranny against vain-glory hypocrisie Tyranny and in summ of all against arbitrary power in any over the peoples Laws Liberties and Properties against the hardship of imprisonment used to Patriots that had appeared to assert the common Liberties the severall designations of some to the slaughter some to exile others to prisons all to the misery of one sort or other and that the Kings injustice and arbitrariness was the cause of the War and innocent blood and of all the evill consequents and concomitants thereunto and not the oppressed with other enamouring and unparallell'd language and expressions pages 4. 10. 14. 16. 17. 19. 20. 21. 22. 23. 26. 29. 30. 31. 32. 45. 46. 47. 48. 49. 65. 66. 67. 68. 70. See also the former Declarations pag. 10. 14. 39. 40. 41. 42. c. Mr Cooks Book against King Charles pag. 37. 38. 42. c. Let the Lord and the people that are unbiased Judge whether they do not ●●e●d in th● s●me steps But the main ●●●n and strain of my affections was to the Rights of the people is the Lord Almighty knows and the security of the Laws and Liberties and the Lord bears me wi●nesse I have yet stood to that against all temptations of proffered honou● or revenge and ●o I trust shall as I have shewed in my Book her● re●ited I do n●t sp●ak this n●ither so as to r●pine against the mighty h●nd of the Lord in that the Kings life was taken away or to stir up any heart-burnings in any against you or any other for I do abhor it though man many times may do things out of wicked and unholy ends which the Lord doth in time discover for I am satisfied in my conscience and judgment a before the Lord and I will decl●re it though I were to perish that I beleev● the King was guilty of the blood of the people and the violation of the peoples Laws and Liberties But your guil●iness will be far more if you apost●tize and defer● that supreme end even the just Laws and Liberties of the Nation for which we fought and were formerly made and also the inlargement of ou● freedoms and safetie And for the enjoyment of justice and freedom I can live I thank the Lord my strength the m●st High with satisfaction under any Government whether M●n●●chy
Arist●cracie o● Democracie but I must confesse I had rather l●ve under a well bounded Monarchy by Laws and Liberties then a corrupt Aristocracy The Scriptures and the Laws of England are favourable and tender of the life and Liberty of humane Nature of Mankind Gen. 49 6 7 Num. 35.31 33 Ezek. 35.5 ● 1 King ● 5 6. Exod. 21.14 D●ut 19.10 11 12 13 21 1 2 3 4 5 6 7 8 9. Mic 2.1 most eminent and glorious Scriptures worthy of the Nations faithfull reading and use And saith Mr. Steele in Duke Hamiltons Case If di●ers pe●sons do come to do an unlawfull act and one commit murther or Treason it s so in all 1 M. Dyer 38. 11 H. 4. 13. 19. Edw. 2. Fitz Cor. 4.33 And The Law of England saith the Lord Cook is a Law of righteousnesse and mercy 1 part of Instit sect 483 fol 2 0. 2 part of Instit fol. 42. 43. 46. 55 56. 115. 186. 189. 190. 526. and 4 part of Instit fol. 168. See Lieut. Col. John Lilburn● Case of the Sentence in the Star-chamber and the Votes upon it for his reparations that the Sentence was wicked cruel bloudy illegall barbarous and tyrannicall The Nations right of appealing is not only strangled and stifled but I am sent unto your Jurisdiction and am in the custody of a Tyrant that hath dealt contrary to the Law with me as if he were Lord Paramount not onely ●o those that committed me but to the Law and Liberties of the People For a Prison in case I had been legally and righteously committed ought to be only for safe custody as the Lord Cook saith Prisons ought to be for keeping men safe to be tryed acco●ding t● the just Laws and Customs of the Land but not to punish or destroy them or to remain till the parties committing please as the illeg●ll Warrant by which I am committed shews his Exposition of the 26 Chap. of Ma●na Charta But here I am unjustly committed and uncapable of a tryall in a fair righteous and Nationall w●y I am onely a prisoner of lust since the 19. of March 1648 without cause in Law or Reason or Christianity for what is not a just cause in Law is no cause Rom. 4.15 Deut. 11.3.8 Num. 15.30 The judgment of M. Tho. Goodwin when he was banished to Amsterdam as I take it by the Bishop in his Book intituled The aggravations of sin and sin●ing against mercy and knowledge See your own pretended Agreement of the People in 4 5 or 6 particulars thereof pag. 23. wherein your faith and honour is lately ingaged which you have broken by your actions And indeed it is that which God did charge against Satan concerning Job cap. 2.3 And the Lord said unto Sathan c. Thou movedst me against him to destroy him without cause So that you may see See Ki●● Charle● his case 〈◊〉 11. conc●ning Si● Jo. Elio● that die● by crue● induranc● even you and the rest that committed me do imitate the Divel as M. Caryl sweetly treats upon the three first Chapters of Joh pag 131. against the arbitrary Courts Touch men in their Liberties by Imprisonment saith he in their Estates by vast Fines in their Names by disgrace in their Bodies by whipping and cutting in their Relation● by keeping all friends from sight of them and when those Courts and persons cam● to have their power and actions sc●●ned it was not moderating or rest●aining or regulating or limiting but they must down and be taken away Mercilesse m●n saith he think there is nothing done u●l●sse m n be undone they never give over touching till they come to ruining I hear that Cromwel or Ireton or both have sent a Letter to his Councel of State of very high language and designe concerning me but as M. Solici●or Cook said against the King The people should not live at the nod and beck of Tyrannicall men And the 10 page charges the King that the Kings wicked designe was to tear up the foundations of Government and Law that Law should be no protection to any mans person or estate But I value it not though I lament that his tyrannicall influence and power should have such extention upon the present Councels of both Nations I desire to wait upon the Lord of hosts the high and mighty God and my everlasting Father And I hear also that Ha●rison did tear his hair almost and gnash his teeth with indignation and en●ie at me for my last Book which is indeed a Book of the light of their excessive illegall Tyranny and cruelty unto me which kind of action was just like the Queens who when as it was reported the late King went to the House with an intention as it was bruited abroad to have murthered those members that stood in his way viz. The Lord Kymbolton M● Pym c. But Sir for such men to have influence upon you and the command of the Councels and power of the Kingdome will make you dishonour the Lord to your ruine and infamie to all g●nerations And as for Harrison● bitte● hatred of me I care not for it so long as the Lord loves me The actions of Tyranny and lust are sufficiently displayed by Mr Pym and Mr. St. J●hn against Strafford and indeed in the whole Scriptures of the high and mighty God and all rationall men such wicked m●n are judged to bee the cause of bloodie wars though they would turn it upon the innocent person that are their opposers and are under thei● horrible cruelty Therefore in my cruell bonds I cry out to you and to all my fellow S●uldiers and the good people of the Nation that are for righteousnesse justice and freedome from sl●very as I would against so many Murtherers that would set upon me in the high way Murther Murther Murther and I say Murther and if you and they doe intend to murther me I say as Christ said to that Apostate Judas What you doe do quickly for I am more willing to go to God my Father then to live with cruell men and see my native Country unde● lust and spoil Blame me not seeing I am so cruelly dealt with by those that have bin the highest Pretenders to righteousness in the World and I am sute I was used with far more civility and humanity from the late Kings party when I was their prisoner in pursuit of them at York fight then I am from you and your House for when they had gotten all I had from me they gave me good accommodation with them gratis though I did reason freely against their cause for the Parliament face to face viz. with Col. Tildesly and Lieutenant Colonel Ger●ard sometimes an hour togethe● but for your parts I have not had any of my Arreers from you though I moved your House to it no consideration of my dammages charges and losses by you and beyond my ability to bear losses in my horses since I came to prison one by death the others
by selling at under rates for half as much lesse as I might have had if my condition had not bin under Tyranny and I have not ●a● one jot allowance from you since my imprisonment and if I had not had a little of my own left and some affection from my friends you had had your and their murtherous ends long ere this SIR It is the pretence of cruell men to use the words of God of truth of righteousnesse but beleeve them not without actions I see we must all come to the actions of men if we would have peace and settlement by pretences and suggestions a lustfull man in power is a transcendent Impe of Sathan to hinder just things and prejudice the just as they reported of Christ That he was a seducer a winebibber a friend to Publicans and s●nners to take him away out of envy lust and fear that his light would take with all p●rties Wicked men meer Politicians and Statesmen hate light and G●d and Scripture amongst the People though they pretend never so much to it and therefore they keep Patriots close Prisoners and d●ny them Pen Ink and Paper and the society of friends ●nd they had rather release Barrabas then Christ light amongst the people is their to●ment and horrour and they would make or take any occasions to destroy them It is an evident sign of their wicked cause what ever their pretences a●e to ●he contrary 1. part of the Parliaments Declaration page 8 9 1● 11 12 13 16 As Hen. 3 did suppresse the Schools that were in his days to teach the People the knowledge of Magna Charta as Sir Edward Cook declares in the Proem to the second part of his Instit Wicked men hate and curs● the day of light and knowledge in the hearts of the People let the world judge of the actions of these d●yes The tyrannicall governour under whose hands I am denyes my friends accesse to me contrary to the Laws of the land beyond the commitment imprisoned two arbitrarily wickedly and illegally that came to see me according to the Liberties of England and that are faithfull to the Interest of justice to the People for ought I know nay I beleeve more faithfull then himself ●h●i● Names are Janes Harding and Robert Weaver also obstructed the fundamental right of the People in petitioning gives out that his wil is his Law and commanded a Petition from one Master John Church in this Town which was on foot The substance whereof was That Lieuten●nt C●lonel John Lilburn and the rest in the Tower might be less to the due course of the Law● c. And one of the Gove●nours creatures here in the Castle in the presence of Witnesses did declare that he could murther me and justifie it or words to that Effect If you and the House will not justifie the Governour in his actions I desire before the God of the Heavens and the Earth and the People that I may have Justice against him for such Tyrannicall practices are contrary to God nature Law and Scripture in whomsoever and by such Practises he may destroy the People of the Town here and Country at pleasure in their Liberties and Lives as for me if I must be murthered by you c. and by Whitchcock who for ought I know intends out of envie to murther me and to thinke to gain your favour thereby under whose illegall unrighteous and envious jurisdiction I am as if I were willing to be privie to my own death I should desire you then that it may be done quickly but I cast my self upon the Lord his excellency his justice his truth and faithfulnesse and when you have done it you can do it no more But I am committed by the words of the thing which some men call a Warrant and it is in generall termes to stifle the just rights of Appeal for justice and the words are viz. for printing the Book tending to mutiny in the Army and sedition in the People The Grandees had their politick tale at their fingers end only to shew you that generals are no crimes or Charges in Law Acts 25.27 John ● 51 The second Part of the Lord Cook● Instit fol 52 53 315 318 591 615 616. 1 part Book Declar. p. 3● 77 20● ●45 and the Votes upon the Impeachment of the 11. Members and Petition of Right the 3. C. R. The Act that abolished the Star-●hamber 17 C. ● The deliberate opinion of all the Judges of England the third yeer of King James in Answer to the 22. Objection of Archbp. Bancroft and the whole Clergi● and no Commoner of Engl. is to be restrained of his Liberty by Petition or Suggestion to the King or to his Councel or any unless it be by Indictment or presentment or good and lawfull men and he is not to loose life limbe liberty or estate but by a legall Tryall by a Grand jurie or Petty-jury of his Peers or equalls which the Lord Cook calls the ancient and undoubted right of an Englishman 5 Edw. 3. cap. 9. 25 Edw. 3. c. 4. 37 Edw. 3. c. 18. 38 Edw. 3 c. 9. 42 Edw. 3. c. 3. 11 R. 2. c. 6. 2 part of the Lord Cooks Instit fol. 46. Though there were a just Authoritie that committed me yet Legislators ought not to be Law Executors it hinders and obstructs justice in cases of finall appeal c. but in case of male administration of justice by any person or persons 14. 29. c of Magna Charta the Exposition upon them Second part of the L. Cooks Inst 29. 46. and Rol. Parl. 5 R. 2. num 45. and Rol. Parl. 5 Hen. 4. numb 14 numb 79. 5 H. 4 cap. 6. and 11 H. 6. cap. 11. and 23 H. 6. cap. 11 and 15. 4 H. 8. cap. 8. and 1.2 Phil. and Mar. cap. 10. 4 Part of Inst fol 25. and 1 part of the Book of Decl. p. 48 278. I cannot finde out one jota or Punctilio of law reason God nature Scripture faith or honour in the dealings with me I appeal to the People that are rationall and unbyassed By arbitrary power Fear Jealousie Lust wicked Policy and Ambition is Lord and Master and by it viz. the power of sword and lust they have murdered their deerest and neerest relations as Mahomet his wife the fair Irene as the History calls her in the presence of all his Officers cut off her head with his Cemiter in policy as he said to appease his Souldiers Mahomet strangled his young brother 18 months old and said It stood with the policy peace and safety of his State Solyman the cruell Tyrant his innocent son Mustapha because he was beloved of the Souldiers and the people and Mustaphaes son also The course of wicked Pharaoh Saul Herod Ahab Jezebel Kain and the world may speak as to our dayes and indeed the fear●ull and lamentable judgments of God and man have come upon Tyrants Policy Ambition and Envie are Divels incarnate yet are corrupt mens
gods Tyrants cannot abide Law and Settlement and their cruelty is their ruine Just Authority is to lift up the afflicted and oppressed and by their authority to bridle domesticall wrong to strengthen the diseased to heal that which is sick to binde up that which is broken to bring again that which is driven away to seek that which is lost and not with force and crueltie to rule Ezek. 34.4 Therefore I do in the name of the Lord of Hosts and the most excellent God the God of Justice and Mercy demand Freedom from my illegall Bonds and reparations therefore to the honour of the Lords Justice the acknowledging of his name and to the keeping of your Faith and the honour of our Laws and Liberties and lay you self at the foot of God Scriptures and Laws And to this end and purpose that the Lord may be acknowledged in Judgment I do propose that M. Cook your Orator against the King may be made Judge betwixt us and may have an Oath given him of impartiall Judgment without fear favor or affection and that you may choose any whom you will so many to so many of my friends of the Army or out to be my Antagonist in a publick audience and writers on both sides and I wil engage to prove the dealings with me are illegal barbarous and Tyrannical contrary to the Laws of God and Nature the nation the scripture your own declarations the declarations of Parliament and all the Capital obligations of justice and mercy that ever I heard of in the world And though you have given him lately much worldly estate and honour yet I will trust the Lord with the innnocency and splendor of my cause and I hope the Lord will make righteousnesse in his Spirit Supream to all honour glory and safety according to his own word● so I rest From my illegall cruel arbitrary imprisonment under an unnaturall and unholy Ty●ant in Windsor Castle The Lord his weake and unworthy servant and in the peoples cause William Bray My Dedication and Supplication to God my Maker and Father OH Lord Thou who art indeed excellent t●e great Commander of all the world who turnest all thing upside down who hast the hearts of all men in thy hand and canst make the greatest persecutors and affl●cting powers of darknesse stoop to thee Oh Lord my God and Father great are my enemies one who is called Excellency But oh Lord it is thou alone art Excellency faith●uln●ss● and truth and the others are Crowel Ireton H●s●●rig Harrison and Whitchcock under those Tyrannicall hand I am my cause is the cause of thy people the generall cause of Justice and Freedom Thou knowest the sincerity of my spirit oh Lord my enemie● are in great honour and power by the peoples blood labours and treasure If it be thy holy will let them acknowledg thee God of the whole earth whose name and power hath made great changes in the world Let them in ther conversations acknowledge the Scriptures and testimonies of thy selfe the laws and liberties of thy people without respect of persons If not oh Lord put a hook in their nostrils and a bridle in their jaws that they may not use wicked and crafty policy and the treasure of thy people make them destroy one another against their laws and liberties Uniteth people that are sincere to thee and one to another in righteousnesse and judgement make up thy J●wels and shew some w●● or other some evident testimony of love to thy people against the bloody designs of thine and their enemies under what cloak or forme soever they appear in the world keep me stedfast unto thy self against a●l the bloody intentions of my close politick and mighty enemies and l●t thy name and honour be ex●lted as indeed it is whether in persecution or freedom And if oh Lord they have such murtherous thoughts towards me as O Lord thou knowest their actions are hitherunto wicked enough and if they bring forth the wickedest and extreamest into action O Lord let me continue constant in thy strength unto the de●th and make me willingly to imbrace my condition and give testimony to thy self and to the testimonies of thy self in Scripture in spirit in my own heart the testimony of my enemies themselves and the enemies of our Lawes and Liberties Purge me also O Lord oh purge me whilst I am in this mortality and let me dye before I die So prayes thy weak servant and one of thy sons in my cruel bondage as to men and freedom as to thee Whilest th' Authour striveth for his Countries good An under-Tyrant thirsteth for his blood His Gaoler Whi●chcock arbitrarily Heapeth upon him greater Tyranny Our deer-bought Freedom now 's not worth a straw Let all men judg when Whitchcock's will 's a Law FINIS