may be returned to the custody and disposing of those persons of whose faithfullnesse and wisedome in managing thereof you have had great experience and that none may be put out of Command in the Trained Bands or Auxiliaries who have been and are of known good affection to the Common wealth All which we humbly intreat may be speedily and effectually accomplished according to the great necessity and exigency of these distracted times and as in duty bound we shall pray c. And having presented it in writing a day two or three after they presented it publiquely in print to the members of the House the issue of which as I have it out of your own Diurnall was thus Die Mercuris 2 Junii 1647 A Petition stiled the humble Petition of many thousands of well affected people was this day read The question being put whether an answer shall be given to this Petition at this present the house was devided the yeas went forth Sir John Evelin of Wilts Sir Michael Levisay tellers for the yea with the yea 112. Mr. Hollis Sir William Luis tellers for the no with the noâ—s 128 so that the quâ—stion past with the negative But the Petitioners going up sâ—me few dayes after for an answer to their petition and being extreamly in base provoking and insufferable language abused by that worshipfull Gentleman Major Generall Massie c. which provoked divers of them to send in a paper to Mr. Speaker as their last farewell the copy of which thus followeth Mr Speaker divers Citizens have been here attending for an answer of a Petition delivered by Sir William Waller on Wednesday last their desire is that the house may be acquainted that the petitioners have seen the Vote of the House and have discharged themselves from further attendance for the present and will notwithstanding still seeke just and equitable meanes for to ease the grievances of this poore distracted Kingdome and comfortably put an end to the groanings of this miserable distressed nation And having sent it in away they came and now in my apprehension have no other course to take but to remonstrate and justly to declare to all the Commons of England and the Army the unpartaleld illegall and tyrannicall dealing of the House of Commons with them and to presse them by force of Armes to root up and destroy these tyrants which without any scruple of conscience they may doe if it were lawfull for the two Houses to levie warre against the King for tyranny declared by them seeing I am sure there is a hundred times greater and more visibler and if it be true as Sir Simon Synod and the John of all Sir Johns now cryes out and sayes that it is not lawfull in any case to fight against the legall Magistrate then I am sure Sir John and Sir Simon are a company of grand Traytors and ought principally to be hanged for being the chiefe Incendiaries in their Pulpets c. to the by past warres against the King who I will justifie it upon the losse of my life by the established law of England the declared government thereof is a thousand times more fenced about and secured so farre as Law can secure then the unjust law and liberty destroying Lords and Commons assembled at Westminster are And secondly I will justifie it that if the principalls or law of reason and nature for preservation take be a sufficient ground to take up Armes against the King and his party as the Hâ—… Parliament have declared they are then the Kingdome and Arm have much more true grounds to take up Armes against them for tyranny visibly avowedly and professedly acted a hundred times more higher and transendent then ever he did that is yet declared And a most reall difference there is betwixt the action of them two in this particular I clearly find by all that J can yet read of either side published to the view of the Kingdome and J thinke that I have read and wayed almost all that is extant that the King by the law of his will did not impose Monopolies and Ship money c. vpon the free men of England but was made to beleeve by his Judges and Counsell at Law being those helpes or assistance that the law of the Kingdom had appointed him to be counselled by out of Parliament that he might impose those things by right or force of the Law of the Kingdome See the dispute in Mr. Hamdens case of Ship-money in the latter end of Judge Huttons Judge Crookes arguments against Ship money pag. 2 3. 4 5 printed by authority of this present Parliament and the Declarations of both sides 1. and 2. part Col. Decl. And indeed to speake according to the declared Law of England the Iudges and his counsell at Law were principally to be blamed and not the King See your own Remonstrance of the 19 May 1642. 1. part book Decl. pag. 199. 304. and the reason in Law is because the Law commands the Judges and Justices of peace and all the rest of the Administrators of it not to delay or disturb common Iustice and right for any command from the King for any other signified by the Great Seale or privie Seale or any other wayes and though such commands doe come the Iudges and Iustices shall not therefore leave to doe right in any point but shall doe common right according to the common Law as though never any such command had been see the 29 chap of Magna Charta and 2. E. 3 8. and 14. E. 3.14 and 11. R. 2.10 And to performe this in every particular every Iudge and Iustice of peace is sworne as appeares by their oathes recorded in Poultons book of Statutes folio 144. and made in the 18. yeare of Edward 3. Anno 1344. which also you may verbatum read in the 29 pag. of a late printed book called Regaâ— tyranny And it was the duty by law that this Parliament ought to the whole Kingdome to have made all those false and wicked Ship-money Judges examples of terror to future generations As King Alfred before the conquest did for as Andrew Horne in his miror of Iustice pag. 296. saith that Iudges and their Ministers who destroy men by false judgement ought to be destroyed as other murtherers which King Alfred did who hanged in one yeare 44. Iudges as murtherers for their false judgâ—ments against the Law whose particular crimes and names he specifieth pag. 296. 297 298 299 300. c. But to your everlasting shame be it spoken you took bribes of some of them after the King had surrendred them up to your justice and after that you had impeached them of high Treason and imprisoned them you set them at liberty to sit upon the seat of justice * Which if they had bin made examples of terror you would have got no Iudges to have executed your arbitrary illegall and tirannicall commands to passe sentence upon the lives liberties and properties of the free-men
wish my Judges were not worse then the unrighteous Judge But Sir seeing it is to no purpose I can no longer now forbeare but must write you my mind to the purpose cost it what it will being now at present as carelesse of you as you are and have been of me and my long but I will not say unsupportable sufferings though I might truly say it if it were not that I had a full faithfull and soule-satisfying God to rest and rely upon and the distresses and hardly to be undergone portion of my wife and little infants But Sir I beseech you give me leave before I lansh into the deep a little mildly to expostulate with you in a friendly way before we fall out and to demand this question of you what I have said or done to you to give you any tolerable cause to deale thus with me as you have done as by your delay of your duty to destroy me and given me too just cause in reference to you to say with David Psal 55.12,13,14 For it was not an enemy that reproached me then I could have borne it neither was it he that hated me that did magnifie himself against me then I would have hid my self from him but it was thou ah man mine equall my guide and mine acqaintance we took sweet counsell together And truly Sir the evill doings of a friend are the most piercing and wounding and the least to be indured and the most odious to God and detestable amongst all rationall and gallant men Jer. 9.4 to the 9. Ch. 12.6 and Ch. 20.10,11,12 But Sir if you have nothing to lay to my charge in reference to your self I desire to know if you have any thing to accuse me of in reference to the publike have I deerted my interest or betraid the Liberties of my fellow Commons of England or have I been sluggish slothfull or cowardly in mannaging the businesse I have in hand or have I been impatient in my sufferings by my madness and folly destroyed my business or given grounded advantage to my adversaries If all or anie of these can be justly laid to my charge I desire not to be spared But Sir if you can say nothing against me by way of miscarriage to you in particular or the publike in generall then I pray you give me leave to demand of you this question What have you to say for your selfe that you have thus delayed to make my report and thereby over and over againe and againe have hazzarded my destruction and utter ruine contrary to law honesty justice reason and conscience If you should say it is not seasonable and that the temper of your House is such that to make it it would do me nor the Kingdome no good but rather a mischief in hazzarding the confirmation of the Lords tyranny towards me by a vote of your House whose spirits are extreamly exasperated against me above all men in England To answer which what do you else then hereby give me too just cause to say of your House in which so many that professe honesty sit though it bee but little demonstrative by their actions that you are a corrupted and degenerated generation of men that are fallen from doing of Justice to the executing of Tyranny and from maintaining defending and protecting according to your duty and the end of your sitting where you do the Lawes and Liberties of the Commons of England to the betraying subverting and destroying them and so have all of you forfeited your trust and your Parliamentary power which as you your selves say 1. par Book Decl. p. 150. was given you to provide for the Peoples weales but not for their woes and have thereby absolutely absolved and discharged the people from all subjection to you and given them cause that sent you to call you home and chuse honester men in your places to call you to a strict accompt for all your tyranny oppression and trechercy and know what you have done with all their money which they may justly by your own arguments against the King do See the second Edition of the Outcries of oppressed Commons p. 4 5 6 7 14 15 16 17 18. And in case of disobedience from you to your trusters and impowers the severall Shires Countreyes and Corporations that choose you what do you else then thereby give them cause to look upon you as you have this foure or five years looked upon the King and deale by you as you have dealt with the King even to wage war against you for betrayers of your trust which they and the whole Kingdome reposed in you who are now degenerated from a just House of Parliament the end of calling of which by the Law is to redresse mischiefs and grievances that daily happen 36. E. 3.10 but not to augment and wholly increase them into a conspiracy and consederacy of lawlesse unlimited and unbounded men that have actually destroyed the Lawes and Liberties of England and that will have no rule to walke by but their owne corrupted and bloody wills and thereby have set up the highest Tyranny that can be set up in the world against which by your owne principles the Kingdome may justly rise up in Armes as one man and destroy all the fore-said conspirators without mercy or compassion as a company of devouring Lions ravening Wolves and crafty Foxes that would destroy the poore flocks of lambs and sheep of this distressed Kingdome the people and Inhabitants thereof for take away Law as the Parliament in a transcendent measure hath done and deny us justice and right as is constantly in a great measure done unto us by the Parliament And what are we now better then the brute beasts of the field the weakest of which are torne in pieces devoured and destroyed by the strongest for remedie◠〈◊〉 which the Parliament against the King took up Armes and when they hâ—d no Law of the Kingdome to warrant them in so doing they make use of the law of nature and reason and tell the King Book Dec. 1 part pag. 207. That this Law is as old as the Kingdome that the Kingdome must not be without a meanes to preserve it selfe but in which of our Statutes this is writ I never yet could heare see nor read of and am very sure it is no where but in their own Declarations and ingraven in the heart of man as a principle of nature and reason which as they very well and justly say teacheth a man or Kingdome to preserve its selfe 1 part Book Dec. pag. â—4 93 94. 112 123. 202. 465. 466. 726 728. see 2. Edition of the Outcries pag. 12 13. And if this Doctrine be true as you avouch it is then it will much more serve against your selves then the King because the King is so fenced about with the Lawes of the Kingdome that it is impossible for a man or Magistrate to bee more and if you are but a betrusted power impowered protempore by the
and die without Mercy And yet the present Parliament gives authority to divers persons to doe both the forementioned things that is to say to take horses and goods away by force against the wills and minds of the Owners and that before they be legally convicted of any crime which although they sweare to maintaine the Law yet this is absolutly against the Law as Sir Edward Cooke there owne magnified author in his third part instituts chapter 103. folio 228. declares which Booke is published by their own authority and command and he there expressely saith that regalarly the goods c. of any Delinquent cannot be taken and seized to the Kings use before the same be fofited Secondly the same cannot be inuentoried and the Towne charged therewith before the Owner be indicted of record And amongst other authorities as Britton Fleta Bracton c. which he there makes use of he fites the 1 Richard the third chapter 3. by which it is inacted and declared that neither Shriffe Escheater Bayliffe of franchise or any other person take or seize the goods of any person arrested or imprisoned for suspiton of fellony before he be convicted or attaint of the fellony according to the lawes of England or before the goods be other wise lawfully forfeited upon paine to forfit double the value of the goods so taken to the party grieved From which and the other Authorities he there makes use of he saith these two conclusions are manifestly proved First that before indictment the goods or other things of any Offender cannot be searched inventored or in any sort seized nor after indictment seized and removed or taken away before conviction or attainder Secondly that the begging of the goods or state of any Delinquent accused or indicted of any treason fellony or any other offence before he be convicted and attainted is utterly unlawfull because before conviction and attainder as hath been said nothing is forfeited to the King nor grantable by him And besides it either maketh the prosecution against the Delinquent more principitate violent and undue then the guiet and eqaall Proceeding of the Law and Justice would permit or else by some under-hand compossition and agreement stop or hinder the due course of Justice for examplary Punishment of the Offender And lastly saith he when the Delinquent is begged it dischargeth both Judge Jurour and Witnesse to doe their duty And yet for all this many times the Souldiers imployed by the Commanders of the Parliaments presents warre are commanded and inioyned be their Commanders authorised thereunto by authoritie derived from the Parliament to take away Horses goods c. for the supportation and preservation of the present forces which it may be at that time were in great necessitie and danger and the souldiers refusing in that particuler to obey his or there Commander might by the Articles of Warre made by Ordinance of Parliament hazard his life yea and it may be actually hanged first yet poore men when the Parliament have served their turnes of him or them to pay him his Arreares for all his hazards and dangers hee is by their Judges and Ministers made be the Parliament it selfe for the very fore-mentioned actions done in obedience to their commands arraigned indicted and hanged as a fellon therefore see the Marginall Notes of the second Apology of Sir Thomas Fairfax's Souldiers this is just as the builders of Noa's Arke were served for or after their making it Oh admirable Parliamentary Justice worthy for their praise to be recorded to future Generations as an everlasting memoriall of their unpresidented justice and gratitude and yet if any particular man of the Parliament or any of their vermine Catchpoles have a spleen at a man it is easie for him to get a Warrant from the Chaire-man of some particular private Committee to go and search such a mans house that never professed enmity against the just proceedings of Parliament and breake open his doors and take away at their pleasure so many or much of his proper goods as they please Oh pure Justice without spot or blemish Nay any of their Catchpole Rogues or Caterpillars can forceably enter any freemans house when nâ—ne is in it and load away divers Porters with his proper goods and that without the seeming Authority of any Law or Statute Order or Ordinance of Parliament nay without the Warrant of any private Committee though in Law such a Committees Order is not worth one straw â—ea and when this is complained of to a Committee of Parliament not one â—ram of justice can be had for it And truly Sir besides other instances of this I will onely aver it to be lately my owne for one of M. Corbets and Justice Whitakers Catchpoles Whitaker the Bookseller in Pauls Church-yard London did the very forementioned thing to me of which I complained at my last being before a Committee of your House but could not have one dram of Justice though 〈◊〉 pressed it hard see the relation of it in print called The resolved mans Resolution pag. 12. 13. Sir I pray is not this unspotted Justice and yet is it not as good as the generality of that which now adaies flowes from both Houses In the third place by the Statute of the 27. Eliz. Chap. 2. it is inacted that all and every Jesuites Seminary Priests and other Priests whatsoever marke the word whatsoever made and ordained out of the Realme of England or other her â—ighnesse Dominions or within any of her Majesties Realmes or Dominions marke well the word within by any Authority Power or Jurisdiction derived challenged 〈◊〉 pretended from the See of Rome since the first yeare of her Reigne shall within forty daies after the end of that Session of Parliament depart out of the Kingdome c. And be it further enacted That it shall not be lawfull to or far any Jesuâ—…e Seminary Priest or other such Priest Deacon or religious or Ecclesiaslicall person whatsoever being borne within this Realme or any other her highnesse Dominions and heretofore since the said Feast of the nativity of S. John Baptist in the first yeare of her Majesties Reigne made ordained or professed or hereafter marke the word hereafter to be made ordained or professed by any Authority or Jurisdiction derived challenged or pretended from the See of Rome by or of what name title or degree soever the same shall be called or known to come into be or remaine in anie part of this Realm c. mark the last sentence well after the end of forty daies otherwise then in such speciall cases and upon such speciall occasions onely and for such time only as is expressed in this Act and if he doe that then every such offence shall be taken and adjudged to be high Treason and every person so offending shall for his offence be judged a Traytor and shall suffer losse and forfeit as in case of high Treason And it is there further enacted That whosoever shall wittingly
or willingly receive relieve comfort aid or maintaine any such person before-mentioned being at liberty out of prison knowing him to be such as before is expressed shall also for such offence be adjudged a fellon without benefit of Clergie and suffer death lose and forfeits as in case of one attainted of Fellony And this Parliament hath made a solemne League and Covenant and voted that no man shall sit in Parliament without taking it nor no man beare any Office without taking it and you have voted and in severall places made the Freemen of England uncapable to give a voice to choose an Officer if they will not take it in the second Article of which unjust unrighteous and wicked contradicting Covenant all those that take it sweare to extirpate Popery 1 part Book Deel fol. 425. and yet notwithstanding the Judges and Justices of peace made by the present Parliament force the Freemen of England against their wills and minds and the Allegation of the fore-mentioned Law and Covenant to pay Tythes the root and support of Popery to a generation of new upstart Romish Priests or Synodian Sion Colledge Jure divino men that have no other Authority and Power to stand by in their function of Presbyterie but what they challenge and derive from Rome having alreadie avowedly in print renounced and scorned any Jurisdiction either from the Parliament or the people of their Parishes by vertue of which their owne avowed claime they are ipso facto within the lash and reach of the fore-mentioned Statute and may by any Freeman of England be indicted at the Assizes or Sessions for Traytors and ought without mercy by the strength of that Law to suffer as Traytors and all those that pay Tythes or otherwise maintaine them after they know they have renounced the deriving of their Power and Jurisdiction from the Parliament and challenge it Jure divino derivitive from the Pope may be indicted as Fellons and ought to die as Fellons Now Sir is it not a piece of gallant justice in the Parliaments Judges Justices and illegall Committee-men to put freemens persons in prison without Baile or Maineprize and to plunder and I think I may say rob divers of them of their goods and cattels for refusing to support Popery after they have sworne to extirpate it by paying of Tythes to a company of Popish Presbyterian Priests that scorne to derive any power from the people of their Parishes and have already publikely and avowedly renounced the Parliaments Power and Authority and doe actually and really claime and assume unto themselves an Ecclesiasticall or Clergie Authority derivitive from Rome Fourthly the Law of England hath provided an universall remedy for all the men of England to recover their debts by from those that are indebted to them the benefit of which Law the present Parliament both doe and will injoy and at their pleasure will sue anie freeman in England that is not one of themselves but are so fortified with their big swolne priviledges that no man shall dare to meddle either with their persons or estates though they owe never so much and yet divers of them will neither of themselves pay use nor principall although originally the exemption of their persons from Arrests be not a priviledge given them for themselves in reference to their particulars but for the good of the Kingdome and People that choose them that so by the malice of any prerogative man or enemy to the just Libertie of the Commons of England they might not by malicious Arrests be molested troubled diverted or hindered for doing their Countrey faithfull service in the place they had chosen them unto But when this priviledge was first given them which in its selfe is just in its institution though now by the present Parliament-men abused in its execution it remained in them but for certaine weeks for then Parliaments were very short being by the ancient and just unrepealed Law of the Land to be chosen once every year or oftner if need required 4. E. 3.14 36. E. 3.10 it being impossible to be conceived that ever they thought then that any Parliament in England should remaine seven years to the cheating cozening and devouring of particular multitudes of men of their particular debts which now are likely by some Parliament-men to be so long owing them that they will not be claimable or recoverable by Law when this Parliament is ended which by its long sitting is and is more evidently like to be the greatest subversion of Englands Lawes Liberties and Freedomes of any thing that ever was done in England King Charles his seventeen years mis-government before this Parliament as you in your Declarations call it was but a flea-biting or as a mouldhill to a mountain in comparison of what this everlasting Parliament already is and will be to the whole Kingdome and therefore I say and will maintaine it upon the losse of my life that the Commons of England may bid adieu to their Lawes Liberties Freedomes Trades and Properties unlesse they speedily take a course for the electing of a new Parliament for the Members of this Parliament many of them to my knowledge judge themselves subject to no rule nor to be governed by any law but say that they are above Magna Charta and the most excellent Petition of Right and may abolish them although there be divers things in them so founded upon the principles of pure reason which by the fundamentall Maximes of the Law are unalterable Doctor and Student Ch. 2. fol. 4 5. see Innocency and truth justified p. 62. and the Morall Law of God that it is impossible for any power whatsoever to abolish them that is not greater then God or hath not derived a just power from him to dispence with his unchangeable Lawes one of which is That Justice shall never be sold nor impartially administred which is with other most excellent rationall and unalterable things ratified expressely in the 29. Ch. of Magna Charta besides all the rest of most excellent things in those two Lawes confirmed many of which are of universall concernment to all the sons of men under any just Government in the world and as for those things contained in them that are rationally in processe of time upon just experimentall grounds alterable and changeable if you will give us better in their places doe when you will without the doing of which by your own grounds and principles you cannot justly change them being impowered and chosen by us to provide for our weale but not for our woe to provide for our better being but not for our worse being 1 part Book Dec. p. 150. Againe fifthly the Law of England hath provided That whosoever breaks the peace shall be punished or whosoever layes violent hands upon a man and if any man doe it to a Parliament-man he will trounce him for it but they themselves can breake the peace and lay violent hands without cause upon the Freemen of
England and then make what lying reports to the House they please and get their bodies committed to prison and that without hearing them and all this did M. Hollis and Sir Walter Earl the other day to Major Tuliday Againe sixthly you your selves have declared that you have received Petitions for the removall of things established by Law and say you we must say that all that know what belongeth to the course and practice of Parliament will say that we ought so to doe and that our Predecessors and his Majesties Ancestors have constantly done it there being no other place wherein Lawes that by experience may be found grievous and burthensome can be altered or repealed and there being no other due and legall way wherein they which are aggrieved by them can seeke redresse 1 part Book Dec. p. 720. Yea and in severall of your Declarations you have defended and maintained that the concourse of people at Westminster to deliver and waite for answer to their Petitions is both just and lawfull 1 part Booke Dec. p. 123. 201. 209. And yet now of late you are growne to that passe that you reject and will not receive Petitions if they crosse your humours although they be for nothing but the obtaining Justice according to the just and unrepealed long practised Law of England and this was the case of the honest Buckinghamshire and Hartfordshire men in their late Petition see the scond Edition of the Outcries of oppressed Commons p. 9 10 11 12. Yea and when divers honest Citizens of London and as firme friends to you in the day of your straits as any was in England were about a Petition for the redresse of divers things amisse and the establishment of their just Lawes and Liberties for which divers of them by your command have freely ventured their lives the Petition by one of your informing Catchpoles was stollen out of M. Thomas Lamb's house and by M. Glyn Recorder of London and one of your owne Members brought into your House and there in a great heat voted as I am informed a seditious paper which whether it be so or no let the world judge by the copie of it which thus followeth To the right honourable and supreme Authority of this Nation the Commons in PARLIAMENT assembled The humble Petition of many thousands carnestly desiring the glory of God the freedome of the Common-wealth and the peace of all men Sheweth THat as no Civill Government is more just in the constitution then that of Parliaments having its foundation in the free choice of the people and as â—he end of all Government is the safetie and freedome of the governed even â—o the people of this Nation in all times have manifested most heartie affections into Parliaments as the most proper remedie of their grievances yet such hath â—een the wicked policies of those who from time to time have endeavoured to â—ring this Nation into bondage that they have in all times either by the disuse â—r abuse of Parliaments deprived the people of their hopes For testimony whereof the late times foregoing this Parliament will sadly witnesse when it was not onely made a crime to mention a Parliament but either the pretended â—egative voice the most destructive to freedome or a speedie dissolution blaâ—ed the fruit and benefit thereof whilst the whole Land was overspread with â—ll kinds of oppressions and tyranny extending both to soule and body and that â—n so rooted and setled a way that the complaints of the people in generall witâ—essed that they would have given any thing in the world for one six moneths â—…eedome of Parliament Which hath been since evidenced in their instant conâ—tant readinesse of assistance to this present Parliament exceeâ—ing the Records â—f former ages and wherein God hath blessed them with their first desires making this Parliament the most absolute and free of any Parliament that ever was and enabling it with power sufficient to deliver the whole Nation from all kindâ— of oppressions and grievances though of very long continuance and to make iâ— the most absolute and free Nation in the world And it is most thankfully acknowledged that ye have in order to the freedomâ— of the people suppressed the high Commission Star-Chamber and Councellâ— Table called home the banished delivered such as were imprisoned for matterâ— of conscience and brought some Delinquents to deserved punishment That yâ— have suppressed the Bishops and Popish Lords abolished Episcopacy and that kind of Prelatick persecuting government That ye have taken away Ship-money and all the new illegall Patents whereby the hearts of all the well-affected were enlarged and filled with a confident hope that they should have seen long ere thiâ— a compleat removall of all grievances and the whole people delivered from all oppressions over soule or body But such is our miserie that after the expencâ— of so much precious time of blood and treasure and the ruine of so many thousands of honest families in recovering our Liberties we still find this Nation oppressed with grievances of the same destructive nature as formerly though undeâ— other notions and which are so much the more grievous unto us because theâ— are inflicted in the very time of this present Parliament under God the hope oâ— the oppressed For as then all the men and women in England were made liable to the summons attachments sentences and imprisonments of the Lords oâ— the Councell-boord so we find by wofull experience and sufferings of many paâ—ticular persons that the present Lords doe assume and exercise the same power then which nothing is or can be more repugnant and destructive to the Commons just liberties As then the unjust power of Star-Chamber was exercised in compelling 〈◊〉 men and women to answer to Interrogatoties tending to accuse themselves anâ— others so is the same now frequently practiced upon divers persons even yoâ— cordiall friends that have been and still are punished for refusing to answer 〈◊〉 questions against themselves and nearest relations As then the great oppressâ—on of the high Commission was most evident in molesting of godly peaceabâ—… people for non-conformity or different opinion and practice in Religion judâ—ing all who were contrary-minded to themselves to bee Hereticks Sectarieâ— Schismaticks seditious factious enemies to the State and the like and undâ—… great penalties forbidding all persons not licenced by them to preach or puâ—lish the Gospel Even so now at this day the very same if not greater molestatâ—ons are set on foot and violently prosecuted by the instigation of a Clergy nâ— more infallible then the former to the extreame discouragement and affliction 〈◊〉 many thousands of your faithfull adherents who are not satisfied that contrâ—versies in Religion can be trusted to the compulsive regulation of any And after the Bishops were suppressed did hope never to have seen such a power assumed by any in this Nation any more And although all new illegal Patents are by you abolished yet the oppressive Monopoly of Merchant-adventurers
Rash Oaths unwarrantable And the breaking of them as inexcusable Or A DISCOURSE shewing that the two Houses of Parliament had little ground to make those Oaths they have made or lesse ground to take or presse the taking of them being it is easie to be apprehended they never intended to keep them but onely made them for snares and cloaks for knavery as is clearly evinced by their constant arbitrary and tyrannicall practices no justice nor right being to be found amongst them by meanes of which they have declaratorily and visibly lost the very soule and essence of true Magistracy which is the doing of justice judgment equity and right and are become a dead carkasse In which is also a true and just DECLARATION of the unspeakable evill of the delay of justice and the extraordinary sufferings of Lievtenant Colonell John Lilburne very much occasioned by M. Henry Martins unfriendly and unjust dealing with him in not making his Report to the House All which with divers other things of very high concernment are declared in the following discourse being an Epistle written by Lievtenant-Colonell John Lilburne Prerogative-prisoner in the Tower of London to Colonell Henry Marten a Member of the House of Commons and Chaire-man to the Committee for consideration of the Liberties of the Commons of England May 1647. Eccles 5.2.4 Be not rash with thy mouth and let not thy heart be hasty to utter any thing before God but when thou vowest a vow unto God deferre not to pay it for he hath no pleasure in fooles pay that which thou hast vowed Numb 30.2 If a â—an vow a vow unto the Lord or sweare an oath to hind his soule with a bond hee shall not breake his word he shall do according to all that proceedeth out of his mouth Deut. 23.21 VVhen thou shalt vow a vow unto the Lord thy God thou shalt not slack to pay it for the Lord thy God will surely require it of thee and it will be sin to thee Jer. 4.2 And thou shalt sweare the Lord liveth in truth in judgment and in righteousnesse Ezek. 17.15,16,19 Shalâ— he break the Covenant â—nd be delivered As I live saith the Lord God surely in the place where the king dwelleth that made him king whose oath he despised and whose covenant he brake even with him in the middâ—st of Babylon he shall die and my covenant that he hath broken even it will I recompence upon his own head Hos 4.2,3 By swearing and lying and killing and sâ—…aling and committing adultery they breake out and bloud toucheth bloud therefore shall the land mourn Ier. 6.19 Heare O earth behold I will bring evill upon this people even the fruit of their thoughts because they have not harkened to my words nor to my law but rejected it SIR When Israel degenerated from the Law of her Soveraigne Lord and King and followed her own crooked wayes the Lord himself as one that was not delighted in her destruction but rather with her preservation cries out again her to make her ashamed of the evill of her wayes How is the faithfull city bâ—…come a harlot it was full of judgement righteousnesse lodged in it but now murdâ—…ers Thy silver is became drosse thy wine mixt with water Thy Princes are rebellioâ— and companions of theeves every one loveth gifts and followeth after rewards thâ— judge not the fatherlesse neither doth the cause of the widdow come unto them Therefore saith the Lord the Lord of hosts the mighty one of Israel ah I will ease me of my adversaries and avenge me of my enemies Isa 1.21,22,23,24 Sir an enemy to you he is not that shall cordially and heartily tell you of your faults with a desire to reclaim you from the evill of your wayes by so doing Psâ—… 141.5 which task though unpleasant in it selfe he that never in his life knew hoâ—… to flatter nor play the hypocrite and dissembler is urgently necessitated now 〈◊〉 his own preservation to undertake And therefore Sir to give you your due and right I must ingenuously aâ—… knowledge that I have for a long time looked upon you as one of the great pâ—…lars of the Liberties of the Commons of England and your name amongst all juâ—… and unbiassed men hath been extraordinary famous this present Parliament therefore and for this you suffered an expulsion of the House and a reproachfull aâ—… unjust imprisonment in the Tower of London by the guilded men of the time who you then discovered carried two faces under one hood many monetâ—… if not some yeares you continued an ejected person from your just place in thâ—… House And since your re-admission again have there in your Speeches behaveâ— your selfe so gallantly for your Countrey that your name and fame hath loud been spread abroad by it Yea give me leave to tell you that one of your own Members esteemed very honest but by me too prudentiall that is to say too cowardly and too much for himselfe and his selfish interest in a time when a Noâ—thern tempest was likely to arise told me in the Tower that the true lovers 〈◊〉 their Countrey in England were more beholden unto M. Henry Marten for hâ—… sincerity uprightnesse boldnesse and gallantry then to halfe if not all thoâ—… that are called conscientious men in the House And truly Sir having had thâ— happinesse for so I esteemed it often to be in your company I have admireâ— those gallant discourses for the Liberty of this Nation that have flowed from yoâ— so that when I first made my appeale to the House of Commons the 16. of June 1646. and heard that my businesse was referred to a Committee where M. Maâ—ten had the Chaire I was not a little refreshed being even where I would havâ— wished and desired to be thinking that you of all the men in the House 〈◊〉 Commons would have been the most sensible of me and my condition But must deale truly with you I found it otherwise For after by the earnest sollâ—… citation of my wife and friends you and the Committee had examined my buâ—nesse and passed as I was informed gallant and excellent Votes upon it but yet you by your negligence and delay if not wilfulnesse exasperated the spirits of the House of Lords against me and exposed me to their mercilesse fury and devouring indignation by delaying my Report And truly Sir I must give this commendation of them That the tender mercies of the House of Lords are cruelty For upon your examining my businesse and not reporting it they tooke courage to themselves and lock'd me up most illegally barbarously and tyrannically in New gate above three weeks close prisoner from the society of my wife children or friends and would neither suffer me to receive either meat drink money nor any other necessaries from the hands of my wife maid or friends nor suffer my wife to come into the Prison-yard to speake with me before my Keepers out of my window the story of which you
people for no other end in the world but to provide for their weale and happinesse and to redresse their mischiefs and grievances unfortified at all by the established knowne and declared Law of the Kingdome degenerate from your trust destroy their Liberties and trades overthrow their Lawes and the Bounds that establish meum tuum and tyrannize over their persons ten times worse then ever the King did or his wicked and evill Ministers of Justice the Judges and Patentee Monopolizers especially all of whom you cannot deny but he at the beginning of your Session surrendred up to you to be punished by you according to Law Justice which in them you extreamely perverted and tooke bribes for the acquitting the capitallest of them and otherwise made use of them to do more mischiefe since to the Common-wealth then ever they had done before by assuring any thing for Law that you would propound to them by meanes of which you with your wicked and unbounded Priviledges have dared to exercise the absolutest and grandest tyranny over the lives liberties trades properties and estates of the Freemen of England that ever was I dare positively aver it since it was a Nation governed by an established and declared Law to your eternall and everlasting shame I speake it so that truly if the Freemen of England seriously look upon all your late publike and to us visible actions and compare them with their former enjoyments they may justly take up Miach's lamentation and say with him to you The good man is perished out of the earth and there is none upright amongst you men they or you all lie in waite for blood they or you hunt every man his brother with a net that they or you may do evill with both hands earnestly the Prince asketh and the Judge asketh for a reward and the great man he uttereth his mischievous desire so they wrap it up therefore woe unto the Parliament for the best of them is as a briar the most upright is sharper then a thorne hedge the day of thy watchmen and thy visitation cometh now with a vengeance shall bee their perplexity therefore O all ye understanding Commons of England in reference to your Parliament Trustees trust ye not in a friend put ye no confidence in a guide for your enemies are the men of your owne House Micah 7.2,3,4,5,6 Therefore M. Martin I professe it before you and all the world that were I rationally able I would make no scruple of conscience to help forward with my sword in my hand the distruction of every lawlesse tyrannicall treacherous man amongst you that I should groundedly know to be a ring-leader in the fore-said transcendent vilenesse then I should to help to destroy so many rats or devouring vermin and by your owne fore-mentioned Principles Declarations Protestations Oathes Actions and doings it will undeniably be justified to be lawfull for all the Commons of Englands to do the same towards you But now Sir let us come to some particulars in the first place the 29. Chap and the most excellent Petition of right which I call the English-mans legall treasure doth clearly condemne all the practâ—ses amongst you for they expressely say that no Freeman shall be taken and imprisoned or be disseized of his freehold or liberties or free-customes or be out-lawed or exiled or any otherwise destroyed nor we will not passe upon him nor condemne him but by lawfull judgement of his Peers that is to say equalls or men of his owne condition or by the Law of the Land We will sell to no man we will not deny or defer to any man either iustice or right and that no man be imprisoned without cause shewed or expressed in his Warrant of Commitment nor no man refused Habeas Corpus's for any cause whatever nor no man taken by Petition nor suggestion made to our Lord the King nor his Counsell unlesse it be by Indictment or Presentment of his good and lawfull People of the same neighbourhood where such deeds be done 25. E. 3.4 in due manner or by Processe made by Writ Originall at the common Law nor that none be put out of his Franchises nor of hiâ— Free-holds unlesse he be duly brought in to answer and fore-judged of the same by thâ— course of the Law and that no man hereafter be compelled to make or yeeld any guift bond benevolence taxe or such like charge without common consent by Act of Parliament Now compare your daily and hourly actions to those good just and unrepealed Laws and blush for shame But to wipe all this off you will it may be say the same that is said in your Declaration of the 17 of Aprill 1645 Booke Decl. 2 part pag. 879. That the end of the Primitive institution of all government is the safty and weale of the people which is above all Lawes and therefore the Kingdome being imbroyled in warre necessitated nacessitie compells you to doe many actions contrary to the knowne Lawes of the Land without the doing of which actions wanting the puntillo of the Kings consent you could not save your selves nor the kingdome will admit all this for a truth I pray then why doe you impose such illegall devilsh impossible to be kept contradicting Oaths and Covenants upon all the Freemen of England upon such sever penalties that all men must be disfranchised or destroyed that will not take them and in them without any provisoes eautions limitations or declared exceptions and reservation tye them to maintaine the Law of the Land and the lawfulâ— rightes and liberties of the Subjects of England is not this to force men to sweare to contradict and oppose to the death all your actions and to destory you for doing those actions because they are contrary to the Law and Liberties of England O yee forsworne men for so I may call you all that have taken these illegall damnable hellish and soule insnaring Oaths because ye do your selves and suffer to be done daily such things as tends to the absolute distruction of the Lawes and the lawfull Liberties of the freemen of England which by all these Oaths you have sworne to maintaine and defend with all your might and yet there is not one just nor righteous man amongst you that dare avowedly and publiquely to the whole Kingdom protest against all the rest but by parsilent patient and constant seting there owne approve of all their actions O ye unworthy forsworne men in the highest degree for this may too justly be the stile and title of all and every one of you without exceptions in the condition of the visablest best of whom for Millions of Gold I would not be for if perjuries swearings and false swearings be so odious abominable and detestable unto God as in Scripture he declares they are read Exod 20.7 Lev. 19.11.12 Num. 30.2 Deut. 23.21.22.23 Psal 15.4 Eccl. 5.4.5 Ezek. 17.13.14.15.16.17.18.19 Jer. 24.10 Zek. 5.3.4.9.8.16.17 Then woe wee and vengance upon earth is your vadoubted
displayed ensignes of the voluntarie Christians pluckt the writing out of his bosome wherein the League was comprised and holding it up in his hand with his eyes cast up to Heaven said Behold thou crucified Christ this is the League thy Christians in thy name made with me which they have without cause violared Now if thou be a God as they say thou art and as we dreame revenge the wrong now done unto thy Name and me and shew thy power upon thy perjurious people who in their deeds deny thee their God Whereupon there began a most cruell and feirce fight the successe of which within alittle while wholy fell to the Turkes who having slaine King Vladislaus and discomforted his Army Huniades that most valiant Captaine was forced to fly for his life and it is observable that in this battle were destroyed all the chiâ—fe Authors and Actours yea Iulian himselfe in breaking the Oath Covenant and League they had made with the Turke Folio 297. 298. which overthrow proved a fatall and dismall blow to the Hungarians which may be a good warning to all men in the world not rashly to enter into an Oath or Covenant but delibrately and with a resolved resolution enviolably to keepe and observe it which is impossible for any man breathing to do yours For first I read in the 1 Eliz. Chapter 1 that all and every Arch-Bishop Bishop and all and every other Ecclesiasticall Person and other Ecclesiasticall Officer and Minister of what estate dignity preheminence or degree soever he or thay be or shall be and all and every temporall Judge Justice Mayor and other lay or temporall Officer and Minister and every other person having your highnesse sees or wagges within this Realme or any your Highnesse Dominions c. shall take that Oath following viz. THat the King is the onely supreme Governour of this Realme and of all other his Highnesse Dominions and Countries as well in all Spirituall or Ecclesiasticall things or causes as Temporall And a little below all that takes it which all you Parliament men must and ought to doe or else you cannot sit as by the Statute of the 5 Elz. 1. appeares sweares and promises that from henceforth I shall beare faith and true Alleagence to the Kings Highnesse his Heires and lawfull Successors and to my power shall assist and defend all jurisdictions priviledges prehemanencies and authorities granted or belonging to the Kings Highnesse his Heires and Successors vnited and annexed to the imperiall Crowne of this Realme And by the Oath of Allegiance inacted the 3 of Jam. chapter 4. which principally and originally was made for Popish Recusants to take and for such men of England as traviled beyond the Seas to serve any Forraigne State or Prince though of late yeares as I am informed imposed upon all Members of Parliament before they are admitted to sit there in which Oath you and every one that takes it sweares and declares in your Conscience before God and the World that our Soveraigne Lord King Charles is lawfull and rightfull King of this Realme and of all other his Majesties Dominions and Countries and that the Pope neither of himselfe nor by any Authority of the Church on Sea of â—ome or by any other meanes with any other marke the last clause well hath any power or authoritie to despose the King or to dispose any of his Majesties kingdomes or dommious or to authorise any Forraigne Prince to invade or annoy him or his countries or to give lisceuce or leave to any of them to beare Armes raise Tumults or to offer any violence or hurt to his Majesties Royall Person State or Government or to any of his Majesties Subjects within his Dominions And a little below he that takes that Oath sweares I will beare Faith and true Allegiance to his Majestie his Heires and Successors and him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever marke the word whatseover which shall be made against his or their Persons their Crowne and Dignitie by reason or colour of any such Sentence or Declaration or otherwise make the word otherwise well and will doe to my best endeavour to disclose or make knowne unto his Majesty his Heires and Successors all treasons and treacherous conspiricies which I shall know or heare of to be against him or them And below the Oath saith I do beleeve and in conscience am resolucd that neither the Pope nor any person whatsoever note the foure last words well hath power to absolue me of this Oath nor any part thereof which I acknowledge by good and full authoritie to be lawfully ministred unto me and doe renounce all Pardons and Dispensations to the contrary and all these things I do plainly sincerely acknowledge and sweare according to these expresse words by me spoken according to the plaine and common sence and understanding of the same words without any equevocation or menthall evation or secret reseruatiâ—n whatsoever And I doe make this recogniction and acknowledgemeni heartily willingly and truly upon the true faith of a Christian So helpe me God And adde unto these your fore-mentioned Covenants and upon them all I conclude it is impossible for any man breathing to keepe them Now Sir set aside the evill ingredients of these two Legall or Statute Oaths fore-mentioned which were easie in my judgement to be evinsed especially that clause of the Oath of Supreamicy recorded 1 Eliz. 1 the expresse words of which are That the King is the onely Supreme Governour of this Realme and of all other his Highnesse Dominions and Countries as well in all Spirituall or Ecclesiastiall things or causes as Temporall To say nothing of the Temporal part of it I will desire you to satisfie me in two or three things of the Spirituall First whether or no Jesus Christ by God the Father was not appointed to be the perfect Law-maker and Law-giver unto his visible Church on earth under the Gospell and so to settle it that there should be no roome at all left for Kings Parliaments or any other power on earth to adde to or detract from what he by the eternally and everlasting assigament of his Father was to doe in that particuler Secondly whether or no he hath beene faithfull in executing fully the will of his Father in this particuler Thirdly whether or no to deny his faithfulnesse or to set up in the Spirituall Church House or City of Jesus Christ the dictats lawes or injuntions or commands of Kings Parliaments or any other earthly power whatsoever be not an absolut denyall of the faithfulnesse of Jesus Christ a calling the Scripturea lie and false thing and a Declaration that he that we owne of our annointed Mesias or Seviour is a Theese Deluder and false Prophet and not the true reall and great Prophet professed of old to be sent into the world as the Atoner of man unto God the King of Saints as well as the
with Chapter 8.1 Ch. 22.24 where Paul positively accuseth himselfe for being guilty of the murder and blood of righteous Stephen although wee read not that he either was an actor in throwing him out of the City or stoning him but only that he stood by and see it but declared nothing against it therefore say I to you partake not with them in their evills by continuing with them but be divided from them least you partake of their plagues which must unavoidably speedily and powerfully come upon them to their transcendent and exemplary destruction if God be as undoubtedly he is a God of righteousnesse justice and truth But now Sir seeing that to maintaine the good Lawes of the Land and to abolish the bad ones and to redresse the mischiefs and grievances that daily happen 4. E. 3.14 36. E. 3.10 see The resolved mans Resolution pag. 19. are the maine and principal ends wherefore Parliaments are called and being it is impossible for you the people 's chosen and betrusted Stewards or Commissioners to know the grievances of the people your Empowerers earthly Creators Lord and Masters if you take away the liberty of declaring them unto you which you have done let me a little demonstrate whether or no that you by your late burning their Petitions c. refusing to hear their grievances have not positively anâ— visibly declared that you have forfeited your essence and being absolutely nullified the end of your sitting and are from a company of faithfull and carefulâ— Shepheards appointed to preserve the being and well-being of this poore Common-wealth become to be a company of devouring Lions and ravening Wolves who deserve to have all the Mastie Doggs in the Kingdome let loose about your eares to worry and pull you in pieces and so destroy you before you have totally wasted and destroyed this poore Kingdome already in the hie rode way to be destroyed by you But to returne to the Citizens Petitions to your House after they had been so sleighted about their Certificate by the aforesaid Committee and so abused by M. Hollis Sir Philip Stapleton and Sir Walter Earle that base coward that ran away betrayed or at least in a ground lesse pannick feare deserted Dorchester in Dorsetshire when it was well and plentifully provided with Ammunition c. and also so behaved himselfe at Corfe-Castle that he deserves to bee stiled the chiefe of base unworthy and cowardly men and after that M. Nicholas Tue and Major Tuliday was as is before declared most unjustly imprisoned the said honest Citizens presented the House with a Petition which thus followeth To the Right Honourrable the COMMONS of ENGLAND assembled in PARLIAMENT The humble Petition of divers well-affected Citizens Sheweth THat as the oppressions of this Nation in times fore-going this Parliament were so numerous and burthen some as will never be forgotten so were â—he hopes of our deliverance by this Parliament exceding great and full of confidence which as they were strenthned by many Acts of yours in the begining specially towards consciencious people without respect unto their judgments â—r opinions So did the gratitude of well-minded people exceed all president or â—xample sparing neither estates limbs liberties or lives to make good the auâ—hourity of this Honorable House as the foundation and root of all just freeâ—ome And although we many times observed to our grief some proceedings holding â—esemblance rather with our former bondage then with that just freedome we â—xpected yet did we impute the same to the troublesomenesse of the times of â—…ar patiently and silently passing them over as undoubtedly hopeing a perfect â—…medy so soon as the warres were ended but perceiving our expectations altoâ—ether frustrate we conceived our selves bound in conscience and in duty to God to set before you the generall grievances of the Common-wealth and the earnest desires of ingenuous well-minded people and for that did ingage in promoting the Petition in question in the usuall and approved way of gathering subscriptions with full intention to present the same to this Honourable House so soon as it should be in readinesse but as it appeareth a Copy thereof was unduly obtained and tendred to this Honourable House under the notion of a dangerous and seditious Paper Whereupon this House was pleased to order the Petition to the Committee whereof Col. Lee is Chairman and Mr. Lambe at whose House it was said to be found to be there examined concerning the same Whereupon your Petitioners conceived it their duty to own and avouch the said Petition for that end in a peaceable manner attended that Committee with this humble Certificate herunto annexed to be offered ro their wisdomes as oppor tunity should be ministred but through some small miscarriage of some few persons for which your Petitioners were much grieved your Committee took so suddain and high displeasure as to command your Petioners to withdraw threatning to remove them with a guard before they had time to turn themselves Whereupon your Petitioners caused the Certificate to be publikely read in the Court of Requests to take the sence and allowance of many persons who had not before seen the same with intent still to present it which though endeavoured to be utmost was absolutely refused to be received but to our astonishment occasion was taken against our friend M. Nicholas Tue that read the same so far as that he stands a prisoner to that Committee and much harsh language with threatnings and provocations issued from some of the Committee towards some other of our friends purposely as we verily beleeve to get some advantage to represent us odious to this Honorable House whose persons and authority hath been as deare in our esteeme as our very lives And therefore wee have just cause to complaine to this Honorable House 1. Of unjust usage from those that endeavoured to interrupt the gathering of hands in a peaceable way or to possesse this Honorable House with evill suggestions concerning the intention and purpose of the said Petition 2. Of hard measure from your Committee in the particulars fore-mentioned contrary to what we have deserved or should have found in former times 3. Neverthelesse our liberties to promote Petitions to this Honorable House is so essentiall to our freedome out condition without the same being absolute slavery and our hope of justice from this Honorable House is so essentialâ— to our freedome our condition without the same being absolute slavery And our hope of justice from this Honorable House so great in protecting us therein that we are not discouraged by what hath passed but in confidence thereof do humbly intreat First That ye will be pleased to declare our freedome to promote and your readinesse to receive the said Petition which we cannot but still looke upon as tending to the generall good of this Nation Secondly That our friends may be inlarged and that Ye will discountenance the officiousnesse of such over-busie informers as have disturbed the iust
unto your wisedomes And as in duty bound we shall pray c. But this Petition being against Mr. Hellis and Sir Philip Stapleton the Captains and heads of the subverters of our Lawes liberties and freedomes after it was debated it was as your Diurnall tells me upon the 20 of May 1647 â—oted 1. To be a high breach of Priviledges 2. That it was seditious 3. That this Petition and the former intituled The humble Petition of many thouâ—anas c. should be burnt at the Exchange in Cornewell and the Pallace yard at Westminster Saterday next Which as I am informed was accordingly done by the hands of the common hang-man Vpon which the petitioners not being willing to be bafled out of their liberties in making known their grievances without the injoyment of which they are perfect * Read your owne words in Coâ—…dâ—… pag. 720. slaves they resolve to attempt a Petition once more though divers of them â—ather desired to remonstrate against you to the whole Kingdome for a company of tyrannicall destroyers and treacherous betrayers contrary to your oaths and the duty of your places of the Lawes Liberties and Freedomes of England And having discoursed my selfe with some of them and perceiving they were resolved to petition once again I told them I conceived they had nothing else to petition for as things at present stood with your house but these two things viz. That seeing the House had voted they had broken their priviledges by petitioning unto them for redresse of their grievances without declaring wherein how or after what manner or giving any reasons at all wherefore they burnt their honest Petition that therefore they would be pleased forthwith publiquely and distinctly to declare unto the whole Kingdome what their priviledges are and when how and after what manner they came by them that so in future time through ignorance in not knowing their priviledges they might not run upon the pricks of their iudignation and the Hang-Mans 2. That they would also be pleased to declare and dictate to them what how and after what manner they should petition for the next time they would vouchsafe to give them leave to Petition to them that so their Petition might not againe be burnt by the hands of the common Hang-man and I withall told them the house of Commons answer to their last Petition did necessarily and iustly lead them as it were by the hand to such a petition as this but they rejected it and framed one of their owne the Copy of which thus followeth To the Right Honourable the Commons of England Assembled in Parliament The humble Petition of many thousands of well affected People Sheweth THat having seriously considered what an uncontrouled liberty hath generally been taken publiquely to reproach and make odious persons of eminent and constant good affection to Parliament and common wealth how prevalent indeavours have been to withhold such from being chosen into places of trust or Counsell how easie to molest or get them into prisons how exceedingly liable to misconstruction their motions and Petitions in behalfe of the publique have lately been When we consider what grudgings and repinings have sinistrously been bâ—gotten against your most faithfull and successefull Army what arts and devises to provâ—ke you against them and to make yâ—u jeâ—lous of them what hard measure some of thâ—m both Officâ—rs and Soldiers have found in divers respects in sundry places When we consider what change of late hath importunately thâ—ugh caussessely been procured of the Committee of Militia in the City of London and how that new Committee hath already begun to remove from Command in the Train'd bands and Auxiliaries persons not to be suspected of diâ—affection or â—ewerality but such as have been most zealous in promoting the safety of Parliament and City When we consider how full of Armies our neighbour Countries are round about us and what threatning of forrain forces wee are even astonished with griefe as not able to free our selves from apprehension of eminent danger but are strongly induced to feare some evill intentions of some desperate and wilfull persons yet powerfully working to blast the just ends of this Parliament and re-imbroile this late bleeding and much wasted Nation in more violent warres distempers and miseries And as our earnest desires of the quiet and safety of the Common wealth hath necessitated these our most sad observations So are we constrained to beleeve that so dangerous an alteration could not so generally have appeared but that there is some great alteration befaln both in Counsels and authorities throughout the land which we verily conceive ariseth from no other cause but from the treacherous policie of enemies and weaknesse of friends in chusing such thereinto as have been unfit for those imployments some whereof as is credibly reported having served the enemie in Armes some with moneys horse ammunition or by intelligence some in Commission of Array some manifesting constant malignity in their actions speeches or standing Newters in times of greatest tryall some culpable of notorious crimes others lying under heavie accusations some that are under age or such who are at present ingaged in such courses as in the beginning of this Parliament were esteemed Monopolies Now may it please this honourable House if such as these should remain or may have privily crept into our Counsells or Authorities as by the forecited considerations we humbly conceive cannot but be judged what can possibly be expected by those who have been most active and faithfull in your serviâ—… but utter ruine or the worst of bondage For prevention whereof and of those dangers warres and troubles that are generaâ—…y feared we are constrained earnestly to intreat 1. That you will be pâ—eased instantly to appoint a Committee of such worthy members of this honourable Hâ—use as have manifested most sincere affections to the well affected and to authorize them to make speedy â—n â—…ict inquirâ—e after all such as are possessed of places of Counsell trust authâ—rity or command who according to law Ordinances Reason or â—oâ—ty ought not to be admitted and that all persons without exception may be permitted and incouraged to bring in accusations witnesses or testimonies for the more speedy perfecting of the woâ—ke and that you will forthwith exclude all such out of all offices of counsell trust Authority or command against whom sufficient cause shall be proved without which we cannot see how it is possible for the well affected to live either in peace or safety 2. That you will countenance protect and succour the cordiall well affected in all places according to their severall cases and conditions especially in their addresses with petitions 3. That you will be pleased to condiscend unto all the just and reasonable desiâ—es of your Commanders Officers and Soldiers by whose courage and faithfulnesse so great services have been performed and severely to punish all such as have any way sought to alienate you from them 4. That the Militia of Lâ—ndon
They doe declare their high dislike of that Petition their approbation and esteem of their good Service who first discovered it and of all such Officers and Soldiers as have refused to joyne in it and that for such as have been abused and by the parswasion of others drawn to subscribe it if they shall for the future manifest their dislike of what they have done by forbearing to proceed any further in it it shall not be looked upon as any caus to take away the remembrance sence the houses have of the good service they have formerly done but they shall still be retained in their good opinion and shall be cared for with the rest of the Army in all things necessary and fitting for the satisfaction of persons that have done so good and faithfull service and as may be expected from a Parliament so carefull to performe all things appertaining to honour and justice as on the other side it is declared that all those who shall continue in their distempered condition and goe on in advancing and promoting that petition shall be looked upon and proceeded against as enemies to the State and dâ—sturbers of the publique peace Die Martis 30. Martii 1647. Ordered by the Lords assembled in parliament that this Declaration be forthwith printed and published John Brown Cler. Parliamentorum Now Sir to conclude the tyrannicall house of Lords having most illegally barbarously tirannically and unjustly committed me to prison and sentenced me under whâ—se tyranny you are willing to suffer me to perish and then by your and their whifling and buking Curs to bespatter and reproach me in print thereby strongly indeavouring to mâ—ke me as odiouâ— in the eyes of the sons of men as Job was in all his botches and alasse pocre I must be kept in priâ—… 〈…〉 without pen or inke accesse of friends or any 〈…〉 and so deprived of all means to vindicate my 〈…〉 â—…ce write in my owne behalfe and set my name to wiâ—… 〈◊〉 â—…ing alwayes ready to owne and iustifie my lines and to seale then with my 〈◊〉 blood yet my wife must be made a prisoner and fetched up to your arbitrary Committees for dispersing of my bookes and the book women in Westminster Hall that sell them must have then shops and houses searched and rob'd of all my bookes by your Catch poules and if you suspect any for printing of them they must be sure to be dealt worse wiâ—h then if they were Traytors and enemies to their Country and have their houses rob'd and spoyled of their goods and presses with which they earne bread for them and their families and carried away by force before any legall tryall or conviction of any crime contrary to the lawes of the land which possitively declares that no free man of England forfeits his lands goods or livelyhoods tell he be convicted of a crime 1 R. 3.3 Cookes 2. part institutes chap 103. fol. 228. 229. See the Petition of Right yea and their bodies imprisoned most tyrannicall and illegally without baile or maineprize although there be no collour in law for the pretended cause of their commitment nor no power in law for any Committee of your house to commit a printer or any other free man in England to prison See the law authorities mentioned in Judge Jenkins late printed papers And when the prisoner according to the law of the Kingdome sues for a Habias Corpus which legally cannot be denyed to any prisoner whatsoever and by vertue thereof be brought before the present Judges of the Kings bench Justice Bacon and Justice Rowles yet contrary to law and their owne oathes which oaths are before mentioned they refuse to deliver the prisoner so uniustly imprisoned or to take baile for his forthcomming but returne him back to prison againe there contrary to law and iustice to be kept without bail or maineprize Oh horrible tyrannie oppression and iniustice and yet as I am certainly informed this was the case of Mr. Thomas Paine a Printer the last tearme Nay your Catchpoules by their owne power can and have forceably entered and felloniously and illegally carried away my proper and truly com'd by goods to a large value for which though I complained to your Committee yet could I not obtaine from their hands one dram of Justice See my examination before them called the resolved mans resolution pag. 12. Nay this is not all for when your members and the Lords and their catchpoules creatures have sufficient railed at me and reproached me and tyed up my hands by depriving me of all meanes as they thought to publish any thing for my owne defence then they as I conceâ—ve ioyne together and git some lying Presbyter assemblie man or other for the Author concealing his name and I not able to find it out I apprehend and iustly conceive I have iust cause to lay it to them it being so sutable to the constant meanes they and their Creatures use to set up their new reformed Kingdome to frame contrive and publish to the view of the world a Recantation in my name that J my selfe though my name be to it had not the least finger in or knowledge of thereby to render me odious to the purpose and to declare me a weather cock follow and as fassâ—l and easie in changing my former avowed just principles as the Lords and Commons and assembly men at Westminster are to change theirs But Sir if God permit I shall take a more fiâ—t oppertunity to anotomize that grosse peice of Paâ—lâ—…mentary assembly knavery And therefore I must plainly tell you seeing the Lords and Commons at Westmâ—nster have dealt so â—arb rously and illegally with 〈◊〉 as they have done * And not with me but also with M. Overâ—on his wife and brother and Mr. Larners man and maid who are all yet in person and can have nor obtain any iustice from either of your houses and are worse then the unrighteous Iudge that upon no importunity will doe me Justice I am now in good sober resolved earnest determined to appeale to the whole Kingdome and Army against them and it may be thereby come quittance with them and measure unto them as they have measured to me and doubt not but to make it evident that though some of your members call the Army Rebells and Traitors for contesting with those that gave them their power and authority that they themselves aâ—e reall Rebells and Traitors to the trust reposed in them by the free people of England their Emperoâ—rs Lords and Masters And that the Army are really and truly a company of Rogues Knaves and traiterous Villains to themselves and their native Country if they should disband upon any tearmes in the world till they have brought them to examplary Justice and made them vomit up the vast sums of the publiques money that they have swallowed down into their devowring canniball mawes and firmly setled the peace and iustice of the Kingdome which that they may faithfully and cordially doe is and shall be the daily prayer of him that hath been and will be againe your true friend if you will repent of your remissenesse and slacknesse and manifest your selfe to be more firme active and valourous for the good of your Country Iohn Lilburn From my uniust Captivitie in the Tower of London for the visably almost destroyed Lawes and Liberties of England which condition I more highly prize though in misery enough outwardly then the visiblest condition of any member whatsoever that sits in either or both houses being all and every of them apparently palpably and transendently forsworne having all of them taken Oaths upon Oathes to mainetaine the lawes liberties and freedome of the land and yet in their dayly practice overthrow and destroy them of which sin and wickednesse they are all of them guilty in regard you all sit there in silence and doe not publiquely and avowedly to the whole Kingdome according to your duty manfully protest against and declare your dislike of their crooked uniust and Englands destroying wayes this 31. of May 1647. John Lilburne FINIS