Sons might in regard of that large promise that was made to David that his Sons should sit upon the Regall Throne for many Generations Again the King page 443. ingages to maintain the Priviledges of Parliament as far as ever any of his Predecessours did and as farre as may stand with that Justice which he owes to his Crown which what that is I have before declared and is very fully declared in that Oath which he himself hath taken page 291. although it fail and is very short of that he ought by law and right to take so that now I have fully proved I am confident of it without any starting hole left for contradiction That the King receives his Crown by contract and agreement unto which by Law and Right he is bound and tied I thought to have here inserted some excellent passages for the further illustration of the Position out of the first and second parts of the Observations and a late Book called Maximes unfolded But in regard I have I am afraid been over-tedious already I will refer you to the bookes themselves or in case they be hard to come by to that abridgment of the marrow of them which you shall finde in an excellent and rationall Discourse of Mr. Lilburns against those Vipers and grand Enemies to the Liberties of England the monopolizing Merchants in his Book called Innocenciè and Truth justified page 57 58 59 60 61. I come now to the last branch of the minor Proposition which is THAT KING CHARLES HATH BROKEN HIS CONTRACT AND AGREEMENT And for the proofe of this I must lay downe this assertion That the Parliament is the only proper competent legall supreame Judge of this as well as of all other the Great Affaires of the Kingdom â—s is before largely proved And for further illustration reade Book Declar. pag. 100 112 171 172 170 202 693 716. Now in the next place let us consider what the Parliament in their publike Declaration say of the King who confesses himself as well as the Parliament asserts and proves it that his Oath taken at his Coronation tyes him to raigne and govern according to Law Yet whosoever seriously reades over the first Petition and remonstrance of the State representative of England commonly called the House of Commons who onely and alone have and ought to have that title Pag. 264. 336. 508. 613. 628. 654. 655. 703. 705. 711. 724. 725. 726. 728. 729. 730. The House of Peers being meer usurpers and inchroachers and were never intrusted by the people who under God the fountaine and Well-spring of all just power as well legislative as other with any legislative power who meerly sit by the Kings prerogative which is a meer bable and shaddow and in truth in substance is nothing at all there being no Law-making-power in himselfe but meerly and onely at the most a Law-executing-power who by his Coronation Oath that he hath taken or ought to have taken is bound to passe and assent to all such Lawes as his people or Commons shall chuse as is largely by the forecited Declarations of the Parliament proved Now if he have not a legislative power in himselfe as the Lords themselves by joyning with the Commons in their Votes and Declarations do truly confesse and notably prove how is it possible for him to give that to them which is not inherent in himselfe Or how can they without palpable usurpation claime and exercise a Law-making-power derivatively from the King alone when he hath none in himselfe which they themselves confesse and prove wherefore how can the House of Commons the representative body of England without willfull perjury having so often sworne to maintaine the Liberties of England and without being notoriously guilty of Treason to themselves and others and all those that chuse them and trusted them suffer the Lords to continue in their execution of their usurpations many times to the palpable hazard yâ—a almost utter ruin of the Kingdome by their denial thwarâ—ing and crossing of those things that evidently tends to the preservation of the whole Kingdome and by their pretended leg slative power destroy whole families and fill the Jayles of Londm at their pleasure contrary to Law and right with COMMONS with whom they have nothing to do without being controled by the Trusteâ—s of the people the HOUSE of COMMONS although they be legally appealed to for that end witnesse Mr. Lâ—lburne Mr. Staveley prisoner in the Fleete Mr. Learner for himselfe and servants Mâ— Overton c. to their everlasting shâ—â—â— and disgâ—ace bâ—â—â— spoken Oh therefore awake awake and 〈◊〉 with strength and resolution ye chosen and betrusted ones of England the earthly arme strength thereof and free your Masters and betrusters the whole State of England from those invading â—â—urping Tyraâ—â—â—call Lords Bondage and Thraldoms lest to your shame they do it themselves and serve them as they did the Bishops for preservation your selves siy is just Pag. 44. 150. 207. 496. 637 72â— 226. and is as antient a Law as any is in the Kiâ—gdâ—m pag. 207. And you have also the 17. Aprill last declared that you wilâ— suffer no arbitrary tyrannicall power to be exercised over the freemen of England but the Lords do it therefore if ye be true and just men such who would be believed and trusted do as you say before the Lords by their plots with the enemies of the freedoms of England such as wicked English and Scots Lords and other prerogative Courtiers and corrupt Clergy and patentee Monopolizers and contentious wrangling jangâ—ing and pety fogging Lawyers and by their own impudent and uncontrouled injustice imbroyle this Kingdome in a second warre they and their associates and confederates having been the cause of the by-past warres not for any love to the Liberties of England though that was their pretence but meerly out of malice to the raigning and ruling party at Court whose utmost desire was to unhorse them that so they might get up into the saddle and ride raigne and rule like Tyrants themselves they loving at this very day the King-Prerogative Tyranny and oppression as dearly as any of these at Court which they complained of witnesse their dayly actions and the actions of all their fore-mentioned faction which is lively haracterised in a late Discourse called A Remonstrance of many thâ—usand Citizens and other Free-born People of England to their owne House of Commons and will more fully be laid open shortly in the second part of it But if the Lords think they are wronged by this digression and that their right to their Legislative power is better then is here declared I desire their Lordships or any other for them to let the Kingdome know what better right they have to sit in Parliament then the old Popish Abbots had that are long since as Incrochers abolished Or then the Bishops or the Popish Lords that are lately defunct do Sure I am the right they had was as good as any their
first time hee came before them Iune 11. 1646. After he was come into the House some of his friends and some strangers stept in as by Law and Justice they might But the Earl of Manchester as Speaker of that House commanded them all to withdraw which they were forced to doe And this I averre not by hear-say but out of knowledge And the second time he came before them which was 23 Iune 1646. It was little otherwise his friends being turned out of doores though some of his enemies scoffers and deriders were permitted to stay And the third time which was upon the 11. Iuly 1646 as I understand he had much adoe with the dore-keepers to get his wife to be admitted in though a great many of the Sheriffes Sharks and Caterpillars that accompany the Hang-man to Tyburn the day he doth execution were freely admitted Hounscot the tyrannicall Prelates old-cruell Catchpole and now the Lords speciall Darling and Favourite a man transcendent in basenesse and wickednesse and therefore more fit sor their Lordships with some others of their own creatures were admitted in as parties fit to bear false witnesse against him and make false reports of his and his honesty And Lieutenant-Colonel Lilburns friends were so far from being admitted into the Lords House to see and behold the justnesse of their proceedings that the doore of the Painted-Chamber was locked and strongly guarded against them and if any of them in the croud got in there they had a second barre at their Lordships doore and if by great chance they at the opening thereof crowded in the Officers that stood at the inner doore took special care to hinder them from admittance there Oh the height of injustice and basenesse at the doing of which or hearing of it the Lords may justly blush for shame if they had either any honesty or ingenuity left in them and thus much for the first Position I come now to the second which is That if the Lords were aâ— Iudicature yâ—t they have no jurisdiction over Commoners But this is so fully proved in Mrs Lilburns Petition that I shall need to say no more to it but referred the judicious Reader thereunto and to a Printed Letter written by Mr. R. OVERTON a prisoner in Newgate committed thither by the Lords to Colonell HENRY MARTIN a Member of the Honourable House of Commons which Letter is a most notable rationall peece worth the reading I passe now to the third which is to give you some reasons to manifest that the LORDS are no Judicature tâ—all But â—eâ—r I shall crave leave to informe the Reader that the foregoing diseourse was made and finished above two moneths agoe and hearing that there was an Order from the Committee appointed by the House of Commons to consider of the priviledges of the Commons of England to bring Lieutenant Collonel Lilburne up before them I conceived he would then be aâ—liberty to write himselfe aâ—d his discourse I thought might adde much to strengthen the things I drive at and desire to declare and prove and therefore I â—avâ— sate still without makeing any pâ—â—gâ—â—sse to finish this discourse till this present conclusiâ—n of this present mâ—neth of November 1646. And my expectation I have not failed for he hath published two notable discourses of his own and some freind of his a third and therefore I shall earnestly desire the studious and inquisitive Reader for the further illustration and proofe of the first and second positions lavd down in pag. 6. and already handled in pag. 63. 64. 65. 78. c. seriously to read over the 23 24 25 26 27 28 29 30 31. pages of his first book called Londons Liberty in Chaines discovered printed Octob. 1646 And the 5. 6 7 8 9. 11. 14. 22. pages of his speech to the aforesaid Committâ—e Nov. 6. 1646. and since by him published in print and called An Anatoamy of the Lords Tyranny And the 23 24 37 38 29 40 41 42 43 44. 46. 47. pages of his friends booke called Vox Pâ—ebis a most notable discourse In the 26 27 28 29 31. 32. pages of which you may reade his Charge and â—entence in the House of Lords Now having premised this I returne to the third thing to be handled which is to give you some reasons to manifest that the Lords House are no â—udicatour at all And for the illustration of this I shall desire it may be considered that no jâ—dicaâ—ure can justly be erected or set up unlesse it legally derive pâ—wer from those that have a legall power to erect constituce or institute it and I thinke this will be granted of all sides And therefore let us make inquisition who according to law and right in England â—ave an originall and true power to erect judicatures aâ—d I say onely the legall Commissioners of the people commonly called the Commons of England Assembled in Parliament and not the King who is not to give a law unto his people but his people unto him as is before largely proved pages 37 38 39 40 41 42 43. And as he confesseth in his Coronaâ—â—on-Oath that he hath taken or ought to have taken which you may read before pag. 31. 32. and which is declared by the statute of provisoes of benefices made Anno. 25. Ed. 3. Annodom 1350. which you may read in the statutes at large pag. 157. about the midst of which you have these words whereupon the said Commons have prayed our said Lord the King that sith the right of the Crowne of England and the law of the said Realme is such that upon the mischiefes and damages which happen to his Realme he ought and is bound by his oath with the accord of his people in his Parliament thereof to make remedy and law and in removing the mischiefes and damages which thereof insue that it may please him thereupon to ordaine remedy and it followes in these words Our Lord the King seeing the mischiefes and damages before mentioned and having regard to the said statute made in the time of his said Grandfather and to the causes contained in the same which statute holdeth alwayes his force and was never defeated repealed nor adnulled in any point and by so much he is bounden by his Oath to cause the same to be kept as the Law of his Reaâ—me though that by sufferance and negligence it hath been sithence attempted to the contrary c. But the House of Peeres neither derive nor challenge their Iudicature not in the least either from Commons in generall or from their Commissioners Deputies Trustees or Representors in Parliament Assembled and therefore are no legall Iudicature at all And that they do not derive their power either from the people under God the absolute and alone fountaine of all true power or their Commissioner read before pag. 45. where you shall finde that the King their groundlesse creator saith they have their power by blood and themselves claime it from no truer fountaine then by
denyed him her society unlesse she would be a prisonor with him and then what should become of them both and of their children having no Lands tâ— live upon and tost already from one Iayle to another for many years together to his great charge although he was but onely committed to be kept in safe custody and from writing scandalous Bookes which the Lieutenant told him he could not doe unlesse hee kept his wife and friends from him but as well he might have said I must also lâ—y you in a Dungeon where you shall neither see day-light nor enjoy a candle It being almost impossible to keepe a man so strictly but he will write if he have day-light and candle-light and so accordingly he bath commanded and executed that neither his wife nor any of his friends should speak with him but in the presence of his Keeper And that the Warders at the Gate take the names and plaâ—es of abode of all those that come to see him That so the Lords may have them all down in their black and mercilesse book and know where to find them when the day of their fierce indignation shall more fuâ—ly smoke against him and all those that have visited him Which some of the Warders have told some of his friends to terrifie them as not far of And this cruelty exercised upon him by the Lieutenant is more then legally can be done to a Fellon Murderer or Traytor and yet this is his portion although hee offeâ—ed to engage his promise to the Lieutenant when he first went in before his brother Major Lilburn and another Major that as hee was a Christian and a Gentleman that hee would suffer his wife and friends according to Law and Right to have free accesse unto him he would promise him not to write a line nor reade a line written while he enjoyed that priviledge which the Lieutenant refused but executed his pleasure upon him And then got their Lordships to make a new illegall Order that he might be kept as he had kept him Now for the Lords to do this to him seeing some of them were Actors in his bloudy Sentences in Star-chamber for which transcendent injustice and sufferings he never had a peny recompence 〈◊〉 thoâ—gh he saith in his fore-mentioned answer to Mr. Pryn he hath spent divers hundreds of pounds to procure it and though he lost not a little that yeere he â—ay prisoner in Oxford for the Parliament see innocency and truth justified Pag. 21. 22. And although the Earle of Manchester and Collonel King detaine his pay from him which he earned with the hazard of his life Pag. 47. 65. 70. and besides all this while he and others have been fighting for liberty and freedome for the whole Kingdome he hath been robbed and deprived of his trade by the monopolizing Merchant Adventurers Pag. 462. Whose knavery and illegall practices he notably anatomizeth and layeth open in the aforesaid booke from pag. 46. to pag. 63. To the Parliaments credit and reputation be it spoken to suffer such vipers to eat out the bowels of this poore Kingdome yea and to set them in the Custome-house and Excise Office to receive the treasure of the Kingdome whose lives and estates for their illegall and arbitrary practises are forfeited to the state as there he proveth it Now after all this for the Lords to commit him for 7. yeares to so chargeable a place as the present Lieutenant of the Tower makes the Tower by his will to bee and takes no care to allow him one penny of the Kings old allowance which was to finde the prisoners their meat drink and lodging and to pay the Lieutenant c. his fees according to the antient legall and just customs of the place What is it else in their Lordships intentions but to starve and destroy the honest man and his wife and children for according to the information I have the fees that have bin demanded there are Fifty pounds to the Lieutenant Five pounds a mans upper garment to the Gentleman-Portâ—r Forty shillings to the Warders Ten shillings to the Lieutenants Clarke Tâ—n shillings to the Minister Thirtâ— shillings per week for suffering the prisoners to dresse their own diet and about so much a week for Chamber-rent besides what it costs them for their diet And all this demanded without any coulor of Law Justice or righâ— as is â—argely proved by a late booke called Liberty vindicated against Slavery Oh ye Commons of England what neede have you to be combined together to maintaine your common interest against these usurping cruel and mercilesse Lords and to take speciall heede that by their charmes and Syren-like songs you be not divided about toyes into factions to your own destruction and ruine that being vifibly the game to the eyes of rationall men which they and their agents have now to play and by the foote you may easily judge what the beare is But now after this necessitated digression let us returne back to the King and to his forfeiting his trust which is to protect his people from violence and wrong and governe them according to law Let us consider what his and our supreame legall and rightfull Judges The House of Commons the State representative of England in their Petition and Remonstrance presented to him at Hampton Court 15. December 1642. and which begins book declaration pag. 1. and ends pag. 21. Say And we shall cleerly finde that they evidently make plaine to the King and the whole Kingdome That his 17. yeers raigne was filled up with a constant continnued Act of violating the Lawes of the Kingdome and the Liberties of his people Yes in pag. 491. They plainly say that before this Parliament the Lawes were no defence nor protection of any mans right all was subject to will and power which imposed what payments they thought fit to draine the subjects purses and they who yeelded and complyed were countenanced and advanced and all others disgraced and kept under that so mens minds made poore and base and their liberties lost and gone they might be ready to let go their religion And the rest of the regall tyrannicall designes there most acutely anatomised to which I referr the reader as a peece extraordinary much worth the reading And though the King this Parliament signed divers good Lawes as though he intended to turne over a new leafe Yet the Parliament tell him plainly that even in or about the time of passing those bills some designe or other hath been on foote which if it had taken effect would not onely have deprived us of the fruits of those bills but would have reduced us to a worse condition of confusion then that wherein the Parliament found us see pag. 124. in which the King himselfe was a principall acter And so they charge him to be pag. 210. 211. 216. 218. 221. 227. 228. 229. 230. 493 494. 496. 563. Yea and they plainly declare that the King had a finger in the
your perill and see that you haâ—e there this Writ Witnesse Edw Cook 20. Nov. and the Tenth Yeare of Our Raign This is the usuall forme of the Writ of Habeas Corpus in the Kings-Bench vide Mich. 5. Edw. 4. Rot. 143. Coram Rege Kesars Case under the Test of Sir John Markeham REX Vicecom London salutem Praecipimus vobis quod habeatis Coram Justiciariis nostris apud Westm ' Die Jovis prox post In the common pleas for any man priviledged in that Court the like in the Exchequer quinque Septiman Pasche corpus A.B. quocunque nomine censeatur in prisona vestra sub custodia vestra detent ut dicitur una cum die causa captionis detentionis ejusdam ut iidem Justiciar nostri visa causa illa ulterius fieri fac quod de jure secundum legem consâ—etudinem Regni nostri Angliae for et faciend habeatis ibi â—oc breve Test c. THE King to the Sheriffes of London greeting We command you that you have before Our Justices at Westminster upon Thursday next five weekes after Easter the Body of A. B. by what Name soever he be called being detained in your Prison under your custody togetherwith the day and cause of his Caption to the end that Our said Justices having seen the cause may further doe that which of right and according to the Law and Custome of Our Realm of England ought to have done or have there this Writ Witnesse c. The like Writ is to be granted out of the Chancery either in the time of the Term as in the Kings Dench or in the vacation for the Court of Chancery is officiâ—â— justâ—â—ia and is ever 〈◊〉 and never adjourned so as the subject being wrongfully imprisoned may have Justice for the liberty of his person as well in the Vacation-time as in the Terme By these Writs it manifestly appeareth that no man ought to be imprisoned but for some certain cause and these words Ad subjiciend reâ—ipiend c. prove that cause must be shewed for otherwise how can the Court take order therein according to Law And this is agreeable with that which is said in Holy Histdâ—y sine ratione â—ihi videtur mittere vinctum in carcerim cau as â—jus non signifit 〈◊〉 But since we wrote these things passed over too many other Acts of Parliament see now the Petition of Right Anno tertio Caroli Regis resolved in full Parliament by the King the Lords Spirituall and Temporall and the Commons which hath made an end of this question if any were Imprisonment doth not only extend to 〈◊〉 imprisonment and unjust but for detaining of the prisoner longer then hee ought where hee was at the first lawfully imprisoned If the Kings 〈◊〉 come to the 〈◊〉 deliver to the prisoner If he detain him this detaining is an imprisonment against the law of the land c. But look upon 〈◊〉 〈◊〉 Warrant◠〈…〉 committed and 〈◊〉 committed 〈…〉 and you 〈◊〉 not find one legall one amongst them all Now for the second thing before spoken of in the manner of his tryall which is That it ought by Law to have bâ— publike in the presence of all that had a mind to have heard it 〈◊〉 any restraint of any This I find to be claimed by Mr. Pryn at the tryall of Colonell Nat. Fines in the 11. page of his relation thereof which he desired That they might have a publike hearing and that the doâ—e might be set open and none excluded that would come in the which he saith â—e desired the rather because the Parliament the representative Body of the Kingdome had ordered a fair and equall tryall which he conceived as he told the Councell of Warre was to be a free and open one agreeable as he saith to the proceedings of Parliament and all other Courts of Justice in the Realm which stand open to all and from whence no Auditors are or ought to be excluded To which Mr. Dorisla answered that it was against the stile conrse of a Court-Marshall to be publike and open and therefore it might not be admitted upon any tearmes Unto which Mr. Will. Pryn replyed that hee was a common-Lawyer and by his profession his late Protestation and Covenant bound to maintain the fundamental laws of the kingdome and liberty of the Subject which he told the Councell of Warr they themselves had taken vp Armes c. to defend and maintain And saith he by the Lawes and Statutes of the Realm all Courts of Justice ever have been are and ought to be held openly and publikely not close like a Cabinet-Councell Witnesse all Courts of Justice at Westminster and else-where yea all our Assizes Sessions wherein men though indicted but for a private Fellony Murder or trespasse have alwayes open tryals He goes on and in the 12. page thereof tells him that not only Courts of common-Law but the Admiralty and all other Courts proceeding by the Rules of either of the civill or canon-Law the proceedings have ever been publike and the Courts open and even in 〈◊〉 proceedings by Martiall Law before a Conncell of Warre at the Gâ—â—â—d-Hall of London at the tryall of Mr. Tompkin◠〈◊〉 and others it was publike and open in 〈◊〉 of 〈◊〉 〈◊〉 〈◊〉 of Parliament and the whole City no comeâ—s 〈◊〉 〈◊〉 〈◊〉 And he positively tels the Councell of Warre a little further that it was both against the laws and subjects liberty as he humbly conceived to deny any prosecutor oâ— subject an open tryall And he gives divers reasons there for it he goes on and in the 13. page saith That the Parliament when it sits as a Conncell to consult debate or deliberate of the great and weighty affaires of the Kingdome is alwayes private and none but the Members or Officers of either House admitted to their consultations and debates But saith he as the Parliament is a Court of Justice to punish Malefactors so the proceedings of both or either House are alwayes publike as appears by the late Tryall of the Earle of Strafford in Westminster-Hall and infinite other presidents of antient and present time To which I may adde the Tryall of William Laud late Archbishop of Canterbury And this practice is suitable to what we read in Scripture that among the Iewes the Iudges sate openly in the City Gates the most publike place of all And truly he or they that will not suffer Justice to be executed and administred openly bewrayes their own guiltinesse and do thereby acknowledge that they are ashamed of their cause For saith Christ John 3. 20 21. Every one that doth evill hateth the light neither cometh to the light least his deeds should be reproved or discovered but he that doth truth cometh to the light that his deeds may be made manifest that they are wrought in God But so far were the Lords from this just way of permitting Lieutenant Col. Lilburn a publike tryall that the
judicative power nor a legislative power inherent in him as is strongly undeniably and unanswerably proved before in pag. 43 44 46 47 60 61. And therefore away with the pretended power of the Lords up with it by the roots and let them sit no longer as they do unlesse they will put themselves upon the love of their Country to be freely therby chosen as their â—oÌ„missioners to sit in Parliament for I am sure in right all their actions now are unbinding and unindivalid which becomes you O all ye Free-men or Commoners of England out of that duty you ow to your selves yours and your native Country throughly and home to set forth by Petition to your own HOVSE of COMMONS and to desire them speedily to remove them before the Kingdome be destroyed by their crosse proud and inconsistent interest for little do you know what Scotch-ale divers of them are now a brewing Read the Histories of William the Conqueror and you shall easily find that the pride and contention of those English-men that were called Lords amongst themselves was no small cause of the losing of this Kingdome to that Tyrant for saith Speed fol. 409. After the Normans had slain King Harold and overthrown his Army the two great Earles of Yorkshire and Cheshire Morcar and Edwine coming to London where the Londoners c. would gladly have set up Edgar Atheling the true Heire to the Crown to have been their Captain Generall to have defended them from the powerfull Norman Invaders who now was exceedingly fleshed with his victory and now likely to over-run the whole Land yet such was the pride and baesenesse of these two great Lords that the misery distresse and fearfull estate of their native Country could not disswade from their ambition plotting secretly to get the Crown to themselvs which hindered that wise and noble design and totally lost their native Country O COMMONS OF ENGLAND therefore beware of them and have a jealous eye over them and take heed that when it comes to the pinch they serve you not such another trick again For I am sure their interest is not yours nor the publikes neither is it consistent with their ends that you should enjoy Justice or your undeniable and just rights liberties and freedomes And well to this purpose saith Daniel pag. 36. That after the Bishops and the Clergy had shewed their aversnesse to the erecting of that probable meanes that was propounded to hinder the theevish invader the Nobility considering they were so born and must have a King and therefore considering of his power made them strive and run head-long who should bee the first to pre-occupate the grace of servitude and intrude them into forraign subjection So that the poor Commons like a strong vessell that saith hee might have been for good use were hereby left without a stern and could not move regularly trusting and resting it seemes too much upon those Lords which I call the broken Reeds of Egypt by whom they were undone But for the further cleeâ—ng of the Originall of the House of Peers pretended power I shall desire the understanding Reader to read over a little Treatise printed in Anno 1641. called The manner of holding of Parliaments in England in the 28. pag. hee saith King Harold being overcome William the 1. King and Conqueror having obtained the Soveraignty according to his pleasure bestowed Dignities and Honours upon his companions and others Some of them so connext and conjoyned unto the Fees themselves that yet to this day the possessors thereof may seem to be inabled even with the possession of the places only as our Bishops at this day by reason of the Baronies joyned unto their Bishoprickes enjoy the title and preheminence of Barons in highest Assemblies of the Kingdome in Parliament he gave and granted to others Dignities and Honours together with the Lands and Fees themselves hee gave to Hugh Lupas his kinsman a Norman and sonne to Emma sister to the Conqueror by the Mother the Earldome of Choster Adconquirendum AngliaÌ„-per Coronam that is in English to conquer and hold to himself and his Heires as free by the Sword as the King of England held it by his Crown to HANNVSRVFVS then Earl of Britain in France the Earldome of Richmond It a libâ—re honorifice ut eâ—ndem Edwinus Comes antea tenueâ—at that is in English as freely and honourably as Edwine Earle held it before And the Earldome of Arundel which Harrold possessed he granted with a fee unto Roger of Montgomeny And in page 33. the same Author declares That Kings sometimes not regarding the Solemnities of Ceremonies and Charters have only by their becks suffered Dignities and Honours to be transferred So that by what Iam able to gather out of ancient Histories William the Conquerour absolutely subdued the Rights and Priviledges of Parliaments held in England before this time The manner of holding of which as the same Author in his first page declares was by the discreet sort of the Kingdome of England rehearsed and shewed unto the Conquerour which as hee saith he approved of And the same doth John Minshew say in his Dictionary published and printed at London July 22. 1625. fol. 526. his words are these In England the PARLIAMENT is called for the debating of matters touching the Common-wealth and especially the making and correcting of Lawes which Assembly or Court is of all other the highest and of greatest authority as you may read in Sir Thomas Smith de Re. Angl. lib. 2. cap. 1. 2. Cambd. Brit. Compt. Juris fol. 1. And see the Institution of this Court Polydor Virgil lib 11. of his Chronicles referâ—eth after a sort to Henry 1. yet confessing that it was used before though very seldome You may find saith he in the former Prologue of the grand Customary of Normandy That the Normans used the same meanes in making their lawes In a Monument os Antiquity shewing the manner of holding this Parliament in the time of King Edward the sonne of King Etheldred which as the Note saith was delivered by the discreeter sort of the Realm to William the Conqueror and allowed by him This writing began thus Rex est Caput c. See more saith he of the course and order of this Parliament in Compt. Juris fol. 1. c. And VOWEL alias Hooker in his Book purposely written of this matter Powels book called the Atturneys Academy Read Mr. William Prynnes first part of the SOVERAIGNE POWER OF PARLIAMENTS AND KINGDOMES printed by the authority of this present Parliament pag 42 43 44. William the Conqueror having as to me is clearly evident subdued Parliaments their power authority priviledges and jurisdiction did set up by the absolute law of his own will for his Compceres Couzens and Connsellors such men who had most pleased him in vassalizing and enslaving this kingdom and the people thereof in whose steps severall of his successors after him did tread So that the kingdome was
Regall Tyrannie discovered OR A DISCOURSE shewing that all lawfull approbational instituted power by GOD amongst men is by common agreement and mutual consent Which power in the hands of whomsoever ought alwayes to be exercised for the good benefit and welfare of the Trusters and never ought other wise to be administred Which whensoever it is it is justly resistable and revokeable It being against the light of Nature and Reason and the end wherefore God endowed Man with understanding for any sort or generation of men to give so much power into the hands of any man or men whatsoever as to enable them to destroy them or to suffer such a kind of power to be exercised over them by any man or men that shal assume it unto himself either by the sword or any other kind of way In which is also punctually declared The Tyrannie of the Kings of England from the dayes of William the Invader and Robber and Tyrant alias the Conqueror to this present King Charles Who is plainly proved to be worse and more tyrannicall then any of his Predecessors and deserves a more severe punishment from the hands of this present Parliament then either of the dethroned Kings Edw. 2. 01 Rich. 2. had from former Parliaments which they are bound by duty and oath without equivocation or colusion to inflict upon him He being the greatest Delinquent in the three Kingdoms and the head of all the rest Out of which is drawn a Discourse occasioned by the Tyrannie and Injustice inflicted by the Lords upon that stout-faithful-lover of his Country and constant Sufferer for the Liberties thereof Lieut. Col. John Lilburn now prisoner in the Tower In which these 4. following Positions are punctually handled 1. That if it were granted that the Lords were a legall Jurisdiction and had a judicative power over the Commons yet the manner of their dealing with Mr. Lilburn was and is illegall and unjust 2. That the Lords by right are no Judicature at all 3. That by Law and Right they are no Law-makers 4. That by Law and Right it is not in the power of the King nor in the power of the House of Commons it selfe to delegate the legislative power either to the Lords divided or conjoyned no nor to any other person or persons whatsoever Vnto which is annexed a little touch upon some palbable miscarriages of some rotten Members of the House of Commons which House is the absolute sole law-making and law-binding Interest of England Hos 8. 4. They have set up Kings but not by me They have made them Princes and I know it not LONDON Printed Anno Dom. 1647. The Printer to the Reader IF thou beest courteous Reader contribute but thy Clemency in favourable correctiting the Errata's notwithstanding much due care had in so publike a work as this is as we must acknowledge lye dispersed therin Pag. 1. line 2. for 32. read 33. p. 4. l. 11. for fifthly r. sixthly p. 7. 59. r. in the world see Hos 8. 4 p. 8. l. 17. for they r. he knowing that when he p. 10. l. 20. for Rom. r. revelation l. 29. r. Dan. 43. p. 11. l. 6. for against r. but by l. 38. for name r. hand p. 12. l. 2. r. and as he l. 16. sor 23. r. 33. l. 38. for his r. their p. 13. l. 24 sor ver 11 r chap. 8. ver 11. p. 15. l. 30. for trivial r cruel p. 16. l. 2. for rule r. cover p. 18. l. 16 for and his r. and her p. 19. l. 34. for rerforme r. performe p. 21. l. 1. blot out years of his l. 27. for this r. of this King l. 31. for most r. most base p. 23. l. 4. for 16. r. 6. p. 24. l. 10. for them r. him l. 25. for Realm granted him the ninth peny r Realm dear besides the 9. peny they granted formerly at one time for them to his Predecessor p. 26. l. 20. r have had l. 31. r. unusuall l. 35 r. after this p. 27. l. 2. r. uncounselable l. 26 r late King p. 34. l. 3. 457 r 655. l. 6 264 r 462 p. 39 l. 26 after Charles r but all his Predecessors received their Crown and Kingdom conditionally by contract agreement I doubt not but the present K. Ch his c. p. 40 l. 10. r. by but a l after KingdoÌ„ r that there shold not much more be an account of his Office due to this Kingdom it selfe p. 45 l. 23 after people r and comes lineally from no purer a fountain and well-spring then from their Predecessors l 25 blot out Dukes p 48. l. 29. that put in if after p. 56. l. 8 404 406 r. 504 506 p. 59 l. 34 1641 r. 1646. p. 60 l. 10 2 Sam 7 13 r. 1 King 12 1. p. 61 l. 17 at the end of justly r. come by and. l. 18 at the end of Prophet r. to K. Rehoboam who had assembled 18000. chosen men which were Warriers to go fight against the house of Ifrael p. 72 l. 2 in the margent for 254 r 264 l. last of the marg for 4 r. 467 p. 73 l. 15. 16 marg after 29 insert 46. after Rot. 2 insert 4 p. 75 l. 1 in marg for 5 r. 9 4 for 8. r. 18 in marg for 27. r. 2 part l. 9. for 58 r. 38. p. 76 l 19 for own r. other p. 77 l. 9. in marg 22 r. 102. p. 79 l. 1. abeas r. Habeas p. 81 l. 24 r. to deliver to l. 35 r. at which p. 84. l. 2 after his honesty r. his judges cariage l. 7 for Lordships r. Lobby p. 86 l. 26 blot out Dukes p 87 l 1 practises r. prises p. 88 l. 9. King r. Duke p 91 l. 13. r. and afterwards in England made Odo p. 92. l. 2. 3. r. of whose estate l. 36. for unindivalid r. unvalid p. 94 l. 21. r. conquirendum tenendem sibi heredibus adeo libere per gladium sicut ipse rex tenâ—it Anglia p. 95. l. 36. r. Comissioners p. 96. l 27. for incursion r. innovation p. 97. l. 23. r. But in the Knights p. 97. l. 3. in the marg for 84 r. 8 4 7. p. 98. l. 8. for nor r. for p. 101 l. 12. for 1646. r. 1645. A Table of the principall Matters contained in this ensuing Discourse A ANger of God against Israel for their choice of a King pag. 14. Abuses checkt pag. 25. Acts of the Parliament pag. 33. Appeal of Lient Col. Lilburn to the House of Commons how approved on there pag. 64. Arlet the Whore William the Conquerors Dam page 87. Arlet the Whore marryed to a Norman Gentleman of mean substance pag. 91 B. Bastardly Fountain of Englands Kings pag. 15. Bellamy pag. 1. his basenesse pag. 2 3. Bookes of L. C. Iohn Lilburn before pag. 3. and since the Parliament pag. 3 4 8 Books against L C. Lilburn p. 1. 4. Barons Wars p. 30 31. Behaviour of L. C. Lilburn
p. 17. Westminster Halls inslaving Lawes Judges Practises from William the Tyrants will pag. 15 16. William the 2. p. 17. Wayes for purchasing liberty and annihilating of the Norman Innovations p. 25 29. Wollastons Letter from L. C. Lilburn p. 67 68. Writs Warrants and Mittimusses how they ought to be made in their formes in the severall Courts p. 78 79 80 81. IT is the saying of the God of Truth by the Prophet Isa 32. 15 16. That he that walketh righteously and speaketh uprightly he that despiseth the gain of oppressions that shaketh his hands from holding of bribes that stoppeth his eares from hearing of bloud and shutteth his eyes from seeing of evill He shall dwell on high his place of defence shall be the Munition of Rocks c. But on the contrary he saith Woe unto them that decree unrighteous Decrees and that write grievousnesse which they have prescribed to turn aside the needy from judgment and to take away the right from the poore of my people that widowes may be their prey and that they may rob the Fatherlesse Chap. 10. 1 2 Now I having read over A BOOK INTITVLED The FREEMANS FREEDOME VINDICATID being Lieutenant-Colonell John Lilborns Narative of the Lords late dealing with him in commitâ—ing him to New-Gate and seriously considering of his condition and of the many base aspâ—rsions cast upon him and bitter invectives uttered against him in some late printed Bookes but especially that of Colonell John Bellamies called A Vindication of the City Remonstrance which came out when he was a close prisoner in Newgate by vertue of as cruell unjust and illegal a Warrant as ever was made by those that professe themselves to be conservators of the peoples liberties yea and I dare say that search all the Records of Parliament since â—hâ— first day that ever there was any in England and you shall not find the fellow of that which is against him The Coâ—â— of which as I find iâ— in that of the JVST MAN IN BONDS thu followeth Die Martiis 23. Junii 1646. ORdered by the Lords in Parliament assâ—mblâ—d That John Lilburn shall staâ—d committed clâ—â—e pâ—iâ—â—er in the Pâ—ison of Newgâ—â— and that he be not permitted to have Pen Inke or Paper and noâ—â— shall have accesse unto him in any kinâ— but onely his Keeper untill this Court doth takâ— further order IOHN BROWN Cler. Parliamentorum To the Keeper of Newgate his Deputy or Deputies Exam. per Rad. Brisco Cler. de Newgate What can be more fuller of arbytrary Tyrannie and illegality then this Order expressing no cause whâ— nor wherfore so not only absolutely against the expâ—essâ— tenour of the Petition of Right but contrary to the very practice of the Hâ—aâ—hen Romanes who it seemes had more morallity reason and justâ—ce in them then these pretended Christian Lords see Acts 25 27. For saith Festus to King Agrippa c. when he was to sâ—nd Paul a prisoner to Rome It seemeth to me unreasonable to send a prisoner and not withall to signifiâ— the Crimes laid against him And although that this Arbitrary illegal Order was extraordinary harshly executed upon Mr. Lilburn and thereby he was as it were tyed hand and foot yet then did Mr. Bellamie watch his opportunity to insult over him when he knew that he was not able to answer for himself O the height of basenesse for a Colonell to be so void of manhood and to finde no time to beat or insult over a man but when he is down and also tyed hand and foot One thing in Mr. Bellamies Book I cannot but take notice of especially and that iâ— this He there cites some things in a Book called ENGLANDS BIRTH-RIGHT and because it hath very high language in it against divers great and corrupt Members of Parliament which is sufficient to destroy and crush the Auâ—hor of it in pieces if he were known And therefore that he mâ—ght load Mr. Lilburn to the purpose he takes it for granted thaâ— Bâ—â—k is his although his name be not to it nor one argumenâ— or circumstance mentioned to prove it his but the absence of his name is a sufficient gâ—ouâ—d to all that knowes him and his resolution to judge Mr. Bellamy a malitious Lyar in that particular Iâ— being Mr. Lilburns common practicâ— for any thing I can percâ—â—vâ— to set his name to his Bookes bâ—th in the BBs days and since which Bookes contain the highest language against the stâ—â—amâ— of â—he Times that I havâ— read of any mans in England that aâ—â—ucâ—eâ—h what he wâ—â—tâ—s As for instance Hiâ— Book called THE CHRISTâ—AN MANS TRY ALL being a Narraâ—â—vâ— of the illâ—gality of the Sâ—ar-Chambers dealing with him and the barbarous inflâ—cting of their bloudy sentence upon him Secondly His Bâ—ok called COME OVT OF HER MY PEOPLE written it seemes when he was in Chaines the fullest of reâ—â—lution that I have read Thirdlâ— THE AFFLICTED MANS COMPLAINT written when he was sick in his close imprisonmâ—nâ— by reason of his long lyiâ—g in Irons Fourthly his Epistle to Sâ—â— MAVRICE ABBOT then Lord Major of London called A CRY FOR JVSTICE Fiâ—â—hly â—is Epistle to the PRENTICES OF LONDON Iâ— both of which he acâ—usâ—th the Bishop of Canterbury ofâ—â—g 〈◊〉 nd â—ffered upon the losse of his liâ—e to pâ—ove it whâ—â— Canterbury was in the height of his glory Sixthly his Home Eâ—â—stle to the Waâ—dâ—ns of the Fleet when he was iâ— their own custody and forced to dâ—fend his liâ—â— and chamber foâ— divâ—rs wâ—â—kâ—s tâ—gâ—ther with a couple of Rapiers against the Wâ—rdâ—â— and aâ—â— his men who had like several times to have murderâ—d Mâ— Lilburn Seventhly his Answer to the nine Arguments of T. B. which laâ—es lâ—ad enougâ— upon the old and new Clergie the rooters up of Kingdomes and States And since the Parliament First His Epistle to Mr. Pryn which both gaules him and the Assembly the thunder-bolt of England Secondly His Reasons against Mr. Pryn delivered at the Committee of Examinations Thirdly His Epistle wrote when he was in the custody of the Serjeant at Armes of the House of Commons which toucheth not a little the corruptnesse acted in that House Fourthly His Answer to Mr. Pryn in ten sheets of Paper called INNOCENCIE AND TRVTH JVSTIFIED a notable and unanswerable piece Fifthly His Epistle to Judge Reeves called THE JVST MANS JVSTIFICATION Fifthly His PROTESTATION AGAINST THE LORDS AND APPEALE TO THE HOVSE OF COMMONS Seventhly His EPISTLE to the Keeper of Newgate dated from his Cock-loft in the Presse-yard of Newgate the 23. of June 1646. The next Bookes that I have lately seen against L. C. Lilburn are two rayling ones made by one S. Shepheard a fellow as full of simplicity â—s malice In both whose Bookes there is not onâ— Argument or one sound reason to disprove what he pretends to confure The first of his Bookes is called The Famers famed or an answer to three things written it seemes by some of Mr. Lilburns friends called First THE JVST MAN
Knaves Fooles Tyrants or Monopolizers or unjust wretched persons that must of necessity have their Prerogative to rule over all their wickednesses Secondly Observe from hence from what a pure Fountain our inslaving Lawes Judges and Practises in Westminster Hall had their originall namely from the will of a Conqueror and Tyrant for I find no mention in History of such Iudges Westminster Hall Courts and such French uâ—godly proceedings as these untill his dayes the burthen of which in many particulars to this day lies upon us But in the 21. of this Tyrants reigne After that the captivated Natives had made many struglings for their liberties and he having alwayes suppressed them and made himself absolute He began saith Daniel fol. 43. to govern all by the customes of Normandy whereupon the agrieved Lords and sad People of England tender their humble Petition beseeching him in regard of his Oath made at his Coronation and by the soule of St. Edward from whom he had the Crown and Kingdome under whose Lawes they were born and bred that he would not adde that misery to deliver them up to be judged by a strange Law whâ—â—h they understâ—â—d noâ— Aâ—d saith he so earnestly they wâ—ought that he was pleased to confirme that by his Charter which he had twice â—ore-promâ—â—d by â—is Oath And gave commandment unto his Iâ—stitiaries to see those Lawes of St. Edward to be inviâ—lably observed thâ—ough uâ— the Kingdome And yet notwithstanding this coâ—firmatio◠〈◊〉 the Câ—â—râ—ers afterward granted by Henry the seconâ— â—nd King Iohn to the same effect There followed a great Innovation bâ—th in Lawes and Government in England so that this seemes rather to hâ—ve bâ—en done to acquit the people with a shew of the confiâ—mation of their antient Customes and liberties then that they enjoyed them inessect For whereas before those Lawes they had were written in their tongue iâ—telligible unto all Now they are traâ—slated into Latine and French And whereas the Causes of the Kingdome were before determined in every Shire And by a Law of King Edward sâ—nior all matters in question should upon speciall penalty wâ—tkâ—ut â—urther deferment be finally decided in their Gemote or Conventions held monethly in every Hundred A MOST GALLANâ— LAW But he â—et up his â—udges four times a yeare where he thought good to heâ—â— their Causes Again before his Conquest the inheritances descended not alone but after the Germane manner equally divided to all the children which he also altered And after this King alias Tyrant had a cruell and troublesome raign his own Son Robert rebelling against him yea saith Speed fol. 430. all things degenerated so in his cruell dayes that tâ—me and domestickâ— fowles as Hens Geese Peacocks and the like fled into the Forrests and Woods and became very wild in imitation of men But when he was dead his Favourites would not spend their pains to bury him and scarce could there be a grave procured to lay him in See Speed fol. 434. and Daniel fol. 50. and Martin fol. 8. WILLIAM THE SECOND to cheat and cosen his eldest brother Robert of the Crown granted relaxation of tribute with other releevements of their dolencies and restored them to the former freedome of hunting in all his Woods and Forrests Daniel fol. 53. And this was all worth the mentioning which they got in his dayes And then comes his brother Henry the first to the Crown and he also stepping in before Robert the eldest brother and the first actions of his government tended all to bate the people and suger their subjection as his Predecessour upon the like imposition had done but with more moderation and advisednesse for he not only pleaseth them in their releevement but in their passion by punishing the chiefe Ministers of their exactions and expelling from his Courtall dissolute persons and eased the people of their Impositions and restored them to their lights in in the night c. but having got his ends effected just tyrant-like he stands upon his Prerogative that is his will and lust but being full of turmoiles as all such men are his Son the young Prince the only hope of all the Norman race was at Sea with many more great ones drowned after which he is said never to have been seen to laugh and having besides this great losse many troubles abroad and being desirous to settle the Kingdome upon his daughter Maud the Empresse then the wife of Coffery Plantaginet in the 15. year of his reign he begins to call a Parliament being the first after the Conquest for that saith Dan. fol. 66. he would not wrest any thing by an imperiall power from the Kingdome which might breed Ulcers of dangerous nature he took a course to obtain their free consents to observe his occasion in their generall Assemblies of the three Estates of the Land which he convocated at Salisbury and yet notwithstanding by his prerogative resumed the liberty of hunting in his Forrests which took up much faire ground in England and he laid great penalties upon those that should kill his Deere But in this Henry the first ended the Norman race till Henry the second For although Henry the first had in Parliament caused the Lords of this Land to swear to his Daughter Maud and her Heires to acknowledge them as the right Inheritors of the Crown Yet the State elected and invested in the Crown of England within 30. dayes aftter the death of Henry Stephen Earle of Bolloign and Montague Son of Stephen Earl of Blois having no title at all to the Crown but by meer election was advanced to it The Choosers being induced to make choice of him having an opinion that by preferring one whose title was least it would make his obligation the more to them and so they might stand better secured of their liberties then under such a one as might presume of a hereditary succession And being crowned and in possession of his Kingdome hee assembleth a Parliament at Oxford wherein hee restored to the Clergie all their former liberties and freed the Laity from their tributes exactions or whatsoever grievances oppressed them confirming the same by his Charter which faithfully to observe hee took a publike Oath before all the Assembly where likewise the BBs swore fealty to him but with this condition saith Daniel folio 69. SO LONG AS HE OBSERVED THE TENOVR OF THIS CHARTER And Speed in his Chronicle fol. 468. saith that the Lay-Barons made use also of this policiâ— which I say is justice and honesty as appeareth by Robert Earl of Glocester who swore to be true Liege-man to the King AS LONG AS THE KING WOVLD PRESERVE TO HIM HIS DIGNITIES AND KEEPE ALL COVENANTS But little quiet the Kingdome had for rebellions and troubles dayly arose by the friends of Maud the Empresse who came into England and his Associates pitching a field with him where he fought most stoutly but being there taken hee was sent prisoner to Bristell And after this Victory thus
the Realm granted him the ninth peny Aâ— so deer a rate were they forced to buy their own Rights at the hands of him that was their servant and had received his Crown and Dignity from them and for them But the People of England not being content with the confirmation of their Liberties by his Deputies presse him at a Paâ—l at Westminster the next year to the confirmation of their Charters he pressing hard to have the Clause Salvo Jure Coroae nostrae put in but the People would not endure it should be so Yet with much adoe he confirmes them according to their mind and â—hat neither he nor his heires shall procure or do any thing whereby the Liberties of the Great Charter contained shall be infringed or broken and if any thing be procured by any person contrary to the premises iâ— shall be held of no force nor effect And this câ—st them dear as I said before So that here you have a true relation of the begetting the conception and birth of Magna Charta The English-Mans Inheritance And how much blood and money it cost our fore-fathers before they could wring it out of the hands of their tyrannicall Kings and yet alas in my judgment it falls far short of Edward the Confessors Laws for the ease good and quiet of the people which the Conqueror robbed England of for the Norman practises yet in Westminster-Hall by reason of their tediousnesse ambiguities uncertainties the entries in Latine which is not our own Tongue their forcing men to plead by Lawyers and noâ— permitting ☞ themselves to plead their own causes their compelling of persons to come from all places of the Kingdom to seek for Justice at Westminster is such an Iron Norman yoak with fangs and teeth in it as Lieutenant Colonell Lilburn in his late printed Epistle to Judge Reeves cals it That if we werefree in every particular else that our hearts can think of yet as the same Author saith were we slaves by this alone the burthen of which singly will pieâ—ce gaul our shoulders make us bow stoop even down to the ground ready to be made a prey not only by great men but even by every cunning sharking knave Oh therefore that our Honourable Parliament according to their late Declaration would for ever annihilate this Norman innovation reduce us back to that part of the antient frame of government in this Kingdome before the Conquerors dayes That we may have all cases and differences decided in the County or Hundred where they are committed or do arise without any appeale but to a Parliament And that they may monethly be judged by twelve men of free and honest condition chosen by themselves with their grave or chiefe Officer amongst them and that they may swear to judge every mans cause aright without feare favour or affection upon a severe and strict penalty of those that shall do unjustly And then farewell jangling Lawyers the wildfire-destroyers and bane of all just rationall and right-governed Common-wealths And for the facilitating of this work and the prevention of frauds I shall onely make use of Mr. John Cookes words a Lawyer in Grays-Inne in the 66. page of his late published Book called A Vindication of the Professours and Profession of the Law where he prescribes A ready remedy against Frauds which is That there might be a publike office in every Countie to register all Leases made for any Land in that County and also all conveyances whatsoever and all charges upon the Lands and all Bonds and Contracts of any value for saith he It is a hard matter to find out Recognizances Judgments Extents and other Charges and too chargable for the Subject that so for 12. d. or some such small matter every man might know in whom the Interest of Land remains and what incuâ—brances lie upon it and every estate or charge not entered there to be void in Law And that the Country have the choosing of the Registers in their respective Counties oncâ— a yeare upon a fixed day and that they have plaine rules and limitations made by authority of Parliament and severe penalties enacted for transgressing them But after this digression let us return to Mag. Charta whosoever readeth iâ— which eveâ—â— man may at large at the beginning of the book of Statuâ—es shaâ—l fiâ—d it an absolute Contract betwixt the Kings of England and the People thereof which at their Coronations ever since they take an Oath inviolable to observe And we shall find in the dayes of â—his Pâ—incâ— who is noted for one of the best that we have that English-men understood themselves so well that when the Pope endeavoured to meddle in a businesse betwixt the Scots and the Crown of England there was letters sent from Lincoln at a Parliament which did absolutely tell the Pope that the King their Lord should iâ— no sort undergo his Holinesse judgement therein Neither send his Pâ—ocurators as was required â—bout that businesse whereby it may seeme that doubâ—s were made of their Kings title to the prejâ—dice of the Crowne the Royall Dignity the Liberties Customâ—s and Lawes of England which by their oath and duty they were bound to observe and would defend with their lives Neither would they permit nor could any usuall unlawful and detrimental proceeding but that which is most observable is in the next clause viz. nor suffer their King if he would to do or any way to attempt the same Daniel fol. 199. After the warlike King succeeded his Son Edward the second who was continually at variance with his people although never any before him was received with greater love of the people then he as saith Daniel fol. 204. nor ever any that sooner leâ—t it His very first actions discovered a head-strong wilfulnesse that was unconcealable regarding no other company but the base Parasites of of the times the head of which was Gaveston which made his Nobles at Westminster when he and his Queen was to be crowned to assemble together and require him that Gaveston his darling might be removed from out of the Court and Kingdome otherwise they purposed to hinder his Coronation at that time Whereupon the King to avoid so great a disgrace promises on his saith to yeeld to what they desired in the next Parliament And at the next Parliament the whole Assembly humbly besought the King to advise and treat with his Nobles who then it seemes were abundantly honester then these are now concerning the state of the Kingdome for the avoiding of iminent mischiese likely to ensue through the neglect of Government and so far urged the matter as the King consents thereunto and not only grants them liberty to draw into Articles what was requisite for the Kingâ—ome but takes his Oath to ratifie whatsoever thâ—y should câ—nclude Whereupon they elect certain choice men both of the Clergy Nobility and Commons to compose those Articles which donâ— the Archbishop of Canterbury lately recalled from exile with
all things where you may reasonably do the samâ— And in case ye be from henceforth found in default in any of the points aforesaid ye shall be at the Kings will of Body Lands and Goods thereof to be done as shall please him As God you helpâ— and all Saints But now in regard we shall for brevities sake but only touch at Richard the sâ—câ—nd who for his evill government was Articâ—ed against in Parliament Martine fol. 156 157 158 159 160. Speed fol. 742. The substance of which in Speeds words were First in the front was placed his abuse of the publike treasure and unworthy waste of the Crown-Land whereby he grew intollerable grievous to the Subjects The particular causes of the Dukes of Gloucester and Lancaster the Arch-Bishop of Canterbury the Earle of Arundel filled sundry Articles They charged â—im in the rest with dissimuâ—ation faâ—shood â—osse of honour abroad in the world extortioâ—s rapine deniall of Justice rasuâ—es and eâ—bâ—zelling of records dishonourable shifts wicked Axiâ—mes of Sâ—atâ— cruelty covetousnesse subordinations lasciviousnessâ— reason to the rights of the Crown perjuries and briâ—fly wiâ—h all sorts of unkingly vices and with absolute tyranniâ— Upon which it was concluded That he had broken his Contâ—act made with the Kingdome or the Oath of Empire taken at his Coronation and adjudged by all the States in Parliament That it was sufficient cause to depose him and then the diffinitive sentence was passed upon him And wee shall wholly passe over Henry the 4. 5. and 6. Edward 4. and 5. Richard 3. Hen. 7. and 8. and shall come down to King Charles and not mention the particular miseries blood-sheds cruelties treason tyrannies and all manner of miseries that the free-born people of this Kingdome underwent in all or most of their wicked raigns especially in the Barons warres In which time the Inhabitants of England had neither life liberty nor estates that they could call their own there having been ten Batteâ—s of note fought in the Bowels of this Kingdome in two of their Râ—igns only viz. Hen. 6. and Edw. thâ— 4. In one of which 〈◊〉 there was 37. thousand English slâ—iâ— Martine fol 393 394 â—95 I say wâ— wiâ—l pâ—ssâ— by all these aâ—d give you the Copy of the Oath that King Edward 2. and Kâ—â—g Edward hâ— 3. by authority of Parliamenâ— took and which all thâ— Kings and Queens of England since to this day at thâ—iâ— Coronation â—ither took or ought to have taken never having bâ— auâ—â—oriâ—y of Parliament bâ—en altered since that I could hear of by which it will cleerly appeare that the Kings of England receive their Kingdoms coâ—diâ—ioâ—allâ— The true Copy of whicâ— as I find it in this Parliaments Declaration made in reply to the Kings Declaration or answer â—o their Remonstrance dated 26. May 1642. and set down in the Booke of Declarations page 713. SIR Will you grant and keep and by your Oath confirme unto the People of England the Lawes and Customes granted to them by antient Kings of England rightfull men and devout to God and namely the Lawes and Customes and Franchâ—ses granted to the Clergie and to the People by the glorious King Edward to your power Sir Yee keepe to God and to Holy Church to the Clergie and to the People Peace and accord wholly after your power Sir Yee do to be kept in all your Domes and Iudgments true and even Righteousnesse with Mercie and Truth The King shall answer I shall doe it Sir Will you grant defend fulfill all rightfull Laws and Customes the which the COMMONS of Your Realme shall choose and shall strengthen and maintain them to the Worship of GOD after Your power The King shall answer I grant and behight And then the Arch-Bishop of Canterbury at the time of the Coronation goes or should goe to the four sides of the Scaffold where the King is crowned and declares and relates to all the People how that Our Lord the King had taken the said Oath enquiring of the same people If they would consent to have him their King and Liege Lord to obey him as their King and Liege Lord who with one accord consenâ—ed thereunto Now let all the world be judge whether the Kings of England receive their Kingdomâ—s by contract yea or no. And if they do receive them by contract as is already undeniably proved before Then what becomes of that wicked and tyrannicall Maxime avowed by King Charles immediatly after his Answer to the Petition of Right Book Statutes fol. 1434. viz. That he did owe an account of his actions to none but GOD alone And of that erroneous Maxime mentioned in Book Declaration pag. 266. viz. That Kingdomes are Kings own and that they may do with them what they will as if Kingdomes were for them and not they for their Kingdomes But if any man shall object and say that King Henry the 8. with his own hands altered this Oath and therefore it is not the same Oath which King Charles hath taken To which I aâ—swâ—r and say The Parliament in their Declaration gâ—aâ—â—s that King Hen. the 8. c. aâ—tered it but they also say pag. 712. They do conceive that neither he nor any other had power to alter it without an Act of Parliament And in pag. 708. 709. They say They well know what Kings have dâ—ne in this point But we know also say â—â—ey that what they have done is no good rule alwayes to interpret what they â—â—ght to have done for that they are bound to the observation of Lawes by their Oath is out of question and yet the contrary practised by them will appear in all ages as often But to put this out of doubt whosoever reades the Oath taken by this King which he himself sets down in his Declaration Book Declar. pag. 290 291. will find no materiall difference betwixt that which hee took and that which he ought to have taken saving in that clause of passing New Lawes But there is enough in that he tooke to prove my assertion viz. That he received his Crown by a Contract which further to prove I alledge the Petition of Right which whosoever seriously readeth with his Answer to it shall finde it to be a large and absolute Declaration of a contracted duty betwixt him and his people viz. That it was his duty to govern them by Law and not by his Prerogative Will And when his first answer to their Petition did not please the Parliament they pressed him again out of Right to give a satisfactory one Which he out of Duty doth saying Let right bâ— done as is desired So that this is a clear demonstration and enough to prove that there is not only a bare Contract betwixt the King and the People but also that he is bound by duty to grant such Lawes as they shall rationally choose although there were no such Statute as the 25. of Edward the 3. which they mention in pag. 268 nor no such clauses as they speak
shed in England Scotland and Ireland since these wars which is the blood of thousands of thousands For which if all the sons of men should be so base and wicked as not to doe their duty in executing justice upon him which Legally may and ought to bee done by those especially who have Power and Authority in their hands Yet undoubtedly the righteous God will and that I am confident in an exemplary manner in despight of all his bloody add wicked protectors and defenders For GOD is a just GOD and will revenge innocent blood even upon Kings Judg. 1 6 7. 1 Kings 21. 19. 22. 38. Isa 30. 33. Ezek. 32. 29. and will repay wicked and ungodly men Isai 59. 18. Therefore I desire those that shall thinke this a harsh saying to lay down the definition of a Tyrant in the highest degree and I am confident their own Consciences will tell them it is scarce possible to commit or doe that act of Tyranny that Charles Stewart is not guilty of and therefore de jure hath absolved all his people from their Allegeance and Obedience to him and which the Parliament are bound in duty and conscience De facto to declare and not to bee unjuster to the Kingdome then their predecessors have been which in part I have already memioned and shall to conclude only cite some particulars of the Parliaments just dealing with Edward the second who was not one quarter so bad as C. R who being called to account by the Parliament for his evill government and being imprisoned at Kenelworth-Castle the Parliament sent Commissioners to acquaint him with their pleasure the Bishops of Winchesâ—â—r Hereford and Lincoln two Earls two Abbots foure Barons two Justices three Knights for every County and for London and other principall places chiefly for the five Ports a certain number chosen by the Parliament And when they came to him they told him the Common-wealth had conceived so irreconcileable dislikes of his government the particulars whereof had been opened in the generall Assembly at London that it was resolved never to endure him as King any longer That notwithstanding those dislikes had not extended so far as for his sake to exclude his issue but that with universall applause and joy the Common-wealth had in Parliament elected his eldest sonne the Lord Edward for King They finally told him that unlesse he did of himselfe renounce his Crown and Scepter the people would neither endure him nor any of his children as their Soveraigne but disclaiming all Homage and Fealty would elect some other for King not of the Blood The King seeing it would be no better amongst other things told them That he sorrowed much that the people of the Kingdom were so exasperated against him as that they should utterly abhorre his any longer rule and soveraignty and therefore he besought all there present to forgive him and gave them thanks for chusing his eldest sonne to be their King which was greatly to his good liking that he was so gracious in their sight Whereupon they proceeded to the short Ceremony of his Resignation which principally consisted in the surrender of his Diadem and Ensignes of Majesty to the use of his son the new King Whereupon Sir William Trussel on the behalfe of the whole Realm renounced all homage and allegeance to the Lord Edward of Carnarvan late King The words of the definitive Sentence were these I William Trussel in the name of all men of the Land of England and all the Parliament Procurator resigne to thee Edward the Domage that was made to thee sometime and from this time forward now following I defy thee and deprive shee of all Royall power and I shall neuer be attendant to thee as for â—ing after this time But if any object It is true Subjects and people have de facto done this unto their Kings but they cannot doe it de jure for that Kings are above their people are not punishable by any but God I answer God is the fountain or efficient cause of all punishment But as to man instrumentally he inflicts by man And though he be our supream Lord and Law-Maker hath for bodily and visible transgressions of his Law appointed a visible and bodily punishment in this world for the transgressors thereof and man for his instrumentall executioner and never ordinarily doth it immediatly by himself but when his Instrument Man failes to doe his duty and being a God of order hath appointed a Magistrate or an impowred man as his and their executioner for the doing of justice and never goeth out of this Road but in extraordinary cases as he doth when the Magistrate is extraordinarily corrupted in the executing of his duty and in such cases God hath raised up particular or extraordinary persons to be his executioners And therefore God being no respecter of persons hath by nature created all men alike in power and not any lawlesse and none to bind each other against mutuall agreement and common consent and hath exprâ—sly commanded Man his rationall creature shall not tyrannize one over another or destroy by any intrusted power each other but that the intrusted Kings as well as others shall improve the utmost of their power and strength for the good and benefit protection and preservation of every individuall Trustee And whosoever he be that shall improve his intrusted power to the destruction of his impowrers forfeits his power And GOD the fountain of Reason and Justice hath endued man with so much reason mercy humanity and compassion to himself and his own Being as by the instinct Nature to improve his utmost power for his own preservation and defence which is a Law above all lawes and compacts in the world Declar. April 17. 1641. And whosoever rejects it and doth not use it hath obliterated the principles of Nature in himselfe degenerated into a habit worse then a beast and becomes felonious to himselfe and guilty of hâ—s own blood This Israel of old the Lords peculiar people understood as well as the people of England although they had 〈◊〉 expresse posiâ—ive law no more then we in England have to rebell or withdraw their obedience subjection from those Magistrates or Kings that exercise their power and authority contrary to the nature of their trust which is plain and cleare without dispute in the case of Rehoboam who was the son of Solomon who was the sonne of David who was assigned King by GOD and chosen and made King by the common consent of the people of Juda and Israel 2 Sam. 7. 13. And who by vertve of Gods promise to him and his seed to be Kings over his people had more to say for his Title to his and their Crown I am confident of it then all the Princes in the world have to say for their claim and childrens to their Crown For Rehoboam was not onely the sonne of Solomon who was in a manner intailed by God himselfe unto the Crown
him in the House of those Peers by way of Charge buâ— sends him no Copy of it although it was impossible for him being so close as he was to get a Copy of it himselfe the greatest part of which is taken out of his booke called The Freemans Freedome vindicated and his Epistle to Mr. Wolaston the Jaylor of Newgate both of them made by him in Newgate many dayes after the Lords had CoÌ„mitted him which letter of his to Mr. Wollaston for the excellent matter therein we will insert heere verbarim SIR I this morning have seen a Warrant from the House of Lords made yesterday to Command you to bring me this day at 10. a clocke before them the Warrant expresseth no cause wherefore I should dance attendance before them neither do I know any ground or reason wherefore I should nor any Law that compels mee thereunto for their Lordships sitting by vertue of Prerogative-paâ—ents and not by election or common consent of the People haue as Magna Charta and other good Lawes of the Land tels me nothing to do to try me or any Commonâ—r whatsoever in any criminall case either for life limb liberty or estate but contrary hereunto as incrochers and usurpers upon mâ— freedomes and liberties they lately and illegally endeavored to try mâ— a Commoner at their Bar for which I under my hand and seale protested to their faces against them as violent and illegal incrochers upon the rights and liberties of me and all the Commons of England a copy of which c. I in Print herewith send you and at their Bar I openly appealed to my competent proper legall Tryers and Judges the Commons of England assembled in Parliament for which their Lordships did illegally arbitarily and tyrannically commit me to prison into your custody unto whom divers dayes agoe I sent my Appeale c which now remains in the hands of their Speaker if it be not already read in their house unto which I do and will stand and obey their commands Sir I am a free-man of England and therefore I am not to be used as a slave or Vasâ—all by the Lords which they have alreday done and would further doe I also am a man of peace and quietnesse and desire not to moâ—est any if I be not forced thereunto therefore I desire you as you tender my good and your own take this for an answer that I cannot without turning traytor to my liberties dance attendance to their Lordships Barre being bound in conscience duty to God my self mine and my Country to oppose their incroachments to the death which by the strength of God I am resolved to do Sir you may or cause to be exercised upon me some force or violence to pull and drag me out of my chamber which I am resolved to mantain as long as I can before I will be â—â—mpelled to go before them and therefore I desire you in a friendly way to be wise and considerate before you do that which it may be you can never undoe Sir I am your true and faire conditioned prisoner if you will be so to me IOHN LILBURN From my Cock-loft in the Presse yard of Newgate this 13. of June 1646. And the next day aftere Serjente Finch exhibited his Artiicles being the 11 July 1646. Lieutenant Colonell Lilburne is by vertue of a warrant to the Sheriffe or Sheriffes of London M. Foot and Mr. Kendrik who contrary to Law refused to give him a Coppy of haâ— warrant although hee sent for it by Mr. Bisco â—he Clerk of Newgate brought up to the Lords barr in aâ—most base Contumelious and reproachfull maner the substance of that Warant being to command him to the Lords Barr to heare his charge read But before he was called in hee by his Keeper sent word to the Lords That they being not his Peers and Equals were none of his LEGALL JUDGES and so had no jurisdiction over him and therefore hee would not stoop unto or acknowledge their authority and jurisdiction over him in this particular which he desired a-fore-hand to acquaint them with And that he must be forced out of conscience to that duty he owes to Himselfe his Liberties and the Liberties of his Countrey seeing their LORDSHIPS would neither be satisfied with his Protestation nor Appeale to the COMMONS nor yet with his refusing to kneele at their Bar nor consult with the House of COMMONS about the legality of their proceedings but the third time to send for him who they knew could not in this case stoop unto them as though they were resolved to tread the Liberties of all the COMMONS of ENGLAND under their feet And therefore seeing that they increased in their illegall an unwarrantable presumptioÌ„ he said he must increase in his just detestation of their actions and incroachments In testimony of which hee was resolved to come in with his HATON and to STOP his EARES when his charge was offered to be read which as I understand he accordingly did And having liberty sometimes to speak to them being commanded to withdraw three times and brought in again he told them to this effect with a great deal of resolution That they were not onely not his Judges but the manner of their proceeding with him was against all Law and Justice yea contrary to their own judgement lately given by themselves in February last in his own case of the Star-Chamber and of the Petition of Right For said he My Lords the warrant that commanded me to your Barre did summon me up to answer a criminall charge And being at your Bar I pressed you again and again to see it and earnestly intreated you that if you had any legall charge in writing against me that it might bee produced But contrary to Law and Justice you refused to do it contrary to all law just High Commission-liâ—e pressed me to answer Interrogatories coÌ„cerning myself wâ—â—ch foâ—â—â—◠〈…〉 me to deliver in my ProtestatioÌ„ agaâ—â—â—â—â— you And I have 〈◊〉 apppâ—aled ro my Legall Judges the COMMONS of ENGLAND assembled in PARLIAMENT who have received accepted read and committed my appeale and promised me justice in it And my Lords I tell you to your â—â—ces These are the MEN that ONELY and ALONE have THE SUPREAM POWER of ENGLAND residing in them who when you have done all 〈◊〉 the worst you can they both must and will bee your Judges and mine But my Lords if you will not joyne issue with me there that you may know I neither feare you nor your Charge nor decline a legall proceeding about it preferre your charge against me in any Court of Justice in Westmâ—nster-Hall or any other Court in England rhat hath a legall jurisdiction over me and I will answer you The which if you refuse and will still persevâ—re in your incroachmens upon my Rights and Liberties know my Lords that here to your faces I bid defiance to you to doe the worst you can to me being resolved to spend my
heart blood against you in this way My Lords said he are not you the men that first engaged this kingdome in this present warre And you pretended and swore it was for the maintenance of the lawes and liberties of England But my Lords if you dissembled or were in jest I am sure said he I was reall and in good earnest And therefore my Lords before you shall wrest out of my hand my essentiall liberties and freedomes and that which makes me a man and to differ from a beast having already run the hazards of so many deaths for the preservation of them as I have done I tell you plainly and truly I will by the strength of GOD vâ—nture my life and blood as freely and resolutely against you in this particular as ever I did in the field against any of the Cavaliers who you told us endevoured and intended to destroy the lawes and liberties of England And some of your selves know that that was resolutely enough And much more as I understand he told them then which I leave to the relation of his own pen and hand which I beleeve the world will shortly see But they went on and sentenced him two thousand pounds to the King for his present contempt at their Barre and two thousand pounds for his pretended crimes contained in their Articles which they took pro confesso because he would not heare them read But in regard that his wives late petition delivered to the House of COMMONS September 23. 1646. doth notably and excellently set forth the illegality of the manner c. of the Lords proceedings with him we judge it very necessary here to insert it not only for the proof of the thing in hand but also for her exceeding commendations in so close following her husbands businesse in his great captivity with such resolution wisdome and courage as she doth whose practice herein may be a leading just and commendable president for all the wives in England that love their husbands and are willing to stand by them in the day of their tryall Her petition thus followeth To the Chosen and betrusted Knights Citizens and Burgesses assembled in the high and supream Court of PARLIAMENT The Humble Petition of ELIZABETH LILBURNE wife to Lieu. Col JOHN LILBURNE who hath been for above eleven weeks by-past most unjustly divorced from him by the House of Lord and their tyranâ—icâ—ll Officers against the Law of GOD and as she conceives the Law of the Land Sheweth THat you only and alone are chosen by the Commons of England to maintain their Laws and Liberties and to do them justice and right a a Coll. of decl pag 254. 336. 382. 508. 613. 705. 711 716. 721. 724. 716 7â—1 72â— 73â— which you have often befor God and the World sworn to do b b Coll. Decl. page â—61 663. protestation and covenant yea and in diveâ—â— of your Declarations declared it is your duty in regard of the trust reposed in you so to doe c c Coll. decl pag. 81. 1â—2 262 266 267 340 459. 462 471 4â—3 58â— â—9â— without any private aimes personall respects or passions whatsoever d d Col. decl p. 4â—4 490. 750. And that you think nothing too good to be hazarded in the discharge of your consciences for the obtaining of these ends e e Colâ— decl p. â—14 And that you will give up your selves to the uttermost of your power and judgement to maintain truth and conforme your selves to the will of God f f Col. declar p. â—66 which is to â—oâ— justice and g g ler 22 16. 15. 16. 17. right and â—ecure the Persons Estates and Liberties of all that joyned with you h h Col declar 6â—6 673. imprecating the judgments of Heaven to fall upon you when you decliâ—e from these ends * * Col. Declar 4 you judging it the greatest scandal that can be laid upon you that you either do or intend to subvert the Lawes Liberties freedoms of the people i i Col. declar p. 264. 281. 494. 497. 654. 694. 696. Which freedoms c. you your selves call The coÌ„mon birth-right of English-men k k Col. declar p. 738. 140. â—45 who are born equally sreeâ— and to whom the law of the land is an equal inheritance and therefore you confesse in your Declar. of 23. Octob. 1643. l l Pag. 660. It is your duty to use your best endevours that the meanest of the CoÌ„monalty may enjoy their own birth-right freedom liberty of the laws of the land being equally as you say intitled thereunto with the greatest subject The knowledge of which as coming from your own mouthes and Pen imboldned your Petitioner with coÌ„fidence to make her humble addresse to you to put you in mind that her husband above 2 moneths agoe made his formal legall appeale to you against the injustice and usurpation of the Lords acted upon him which you received read coÌ„mitted and promised him justice in But as yet no report is made of his busines nor any relief or actual justice holden out unto him although you have since found time to passe the CoÌ„positions pardons for the infranchising of those that your selves have declared Traytors and Enemies to the Kingdom which is no small cause of sorrow to your Petitioner and many others that her husband who hath adventured his life and all that hee had in the World in your lowest condition for you should bee so slighted disregarded by you as though you had forgot the duty you owe to the kingdom and your many Oathes Vowes and Declarations ** ** Decl. 460. 498. 666. 673. which neglect hath hastened the almost utter ruine of your Petitioner her husband and small Children For the Lords in a most tyrannicall and barbarous manner being encouraged by your neglect have since committed her husband for about three weeks close prisoner to Newgate locked him up in a little room without the use of pen ink or paper for no other cause but for refusing to kneel at the Bar of those that by law are none of his Judges m m Magna Charta 29. Sir E. Cook 2 part Instit fol. 28. 29. Rot. 2. â— 3. The cruell Jaylors all that time refusing to let your Petitioner or any of his friends to set their feet over the threshold of his chamber door or to come into the prison yard to speak with him or to deliver unto his hands either meat drink money or any other necessaries A most barbarous illegall cruelty so much coÌ„pâ—ained of by your selves in your Petition Remonstrance to the King 1. Decemb. 1641. n n Col. declar 6 7 8. and detested abhorred there by you as actions cruelties being more the proper issues of Turks Pagans Tyrants and men without any knowledge of God then of those that have the least spark of Christianity Honour or justice in their bâ—easts And then while they thus
ruled and governed by the King and his Prerogative Nobles and by lawes flowing from their wils and pleasures and not made by common consent by the peoples commissions assembled in Parliament as it is now at this day but he and his successors giving such large Charters to their Compeeres and great Lords as to one to be Lord great Chamberlain of Englands another Lord Constable of England to another Lord Admirall of England c. By meanes of which they had such vast power in the kingdome having then at their beck all the chiefe Gentlemen and Free-holders of England that used to wait upon them in blew Jackets so that they were upon any discontent able to combine against their Kings their absolute creators and hold their noses to the grind-stone and rather give a Law unto them then receive a law from them in which great streits our former Kings for curbing the greatnesse of these their meere creatures now grown insolent were forced to give new Charters Commissions and Writs unto the Commons then generally absolute vassals to choose so many Knights and Burgesles as they in their own breasts should think fit to be able by joyning with them to curb their potent and insolent Lords or trusty and well-beloved Cousins which was all the end they first called the Commons together for yet this good came out of it that by degrees the Commons came to understand in a greater measure their rights and to know their own power and strength By means of which with much struggling we in this age come to enjoy what wee have by Magna Charta the Petition of Right and the good and just Lawes made this present Parliament c. which yet is nothing nigh so much as by right we ought to enjoy For the forementioned Author of the book called The manner of holding Parliaments in England as 20 21. pages declares plainly that in times by-past there was neither Bishop Earle nor Baron and yet even then Kings kept Parliaments And though since by incursion Bishops Earles and Barons have been by the Kings prerogative Charters summoned to sit in Parliament yet notwithstanding the King may hold a Parliament with the Commonalty or Commons of the Kingdome without Bishops Earles and Barons And before the Conquest he positively declares it was a right that all things which are to be affirmed or informed granted or denied or to be done by the Parliament must be granted by the Commonalty of the Parliament who he affirmes might refuse though summoned to come to Parliament in case the King did not governe them as he ought unto whom it was lawfull in particular to point out the Articles in which he misgoverned them And suitable to this purpose is Mr. John Vowels judgment which Mr. Pryn in his above-mentioned book pag. 43. cites out of Holinsh Chro. of Ireland fol. 127 128. His words as Mr. Pryn cites them are thus Yet neverthelesse if the King in due order have summoned all his Lords and Barons and they wil not come or if they come they will not yet appear or if they come appear yet will not do or yeeld to any thing Then the King with the consent of his Commons may ordain and establish any Acts or Lawes which are as good sufficient and effectuall as if the Lords had given their consents but on the contrary if the Commons be summoned and will not come or coming will not appear or appearing will nor consent to do any thing alleadging some just weighty and great cause The King in these cases * Cromptons jurisdictioÌ„ of courts fo 84 Hen. 7. 18. H. 7 14. 1. H. 7 27. Parliament 42. 76 33â— H 6. 17. dju-lged accordingly prerogative 134. cannot with his Lords devise make or establish any Law The reasons are when Parliaments were first begun and ordained THERE WERE NO PRELATES OR BARONS OF THE PARLIAMENT AND THE TEMPORALL LORDS were very few or none and then the King and his Commons did make a full Parliament which authority was never hitherto abridged Again every Baron in Parliament doth represent but his owne person and speaketh in he behalf of himself alone But the Knights Citizens and Burgesses are represented in the Commons of the whole Realm and every of these giveth not consent for himself but for all those also for whom he is sent And the King with the consent of his COMMONS had ever a sufficient and full authority to make ordain and establish good wholesome Lawes for the Common-wealth of his Realm Wherefore the Lords being lawfully summoned and yet refusing to come sit or consent in Parliament canâ—ot by their folly abridge the King and the Commons of their lawfull proceedings in Parliament Thus and more John Vowel alias Hooker in his order usage how to keep a Parliament which begins in the foresaid History pag. 121. and continues to pag. 130. printed Cum Privilâ—gio And Sir Edward Cook in his Institutes on Magna Charta proves That the Lords and Peers in many Charters and Acts are included under the name of the Commons or Commonalty of England And in his Exposition of the second Chapter of Magna Charâ—a 2. part Institutes fol. 5. He declares that when the Great Charter was made there was not in England either Dukes Marquesse or Viscounts So that to be sure they are all Innovators and Intruders and can claime no originall or true interest to sit in Parliament sith they are neither instituted by common consent nor yet had any being from the first beginings of Parliaments in England either before the Conquest or since the Conquest nor the first Duke saith Sir Edward Cook Ibidem that was created since the Conquest was Edw. the black Prince In the 11. year of Edw. the third and Rob. de Vere Earl of Oxford was in the 8. year of Richard the 2. created Marquesse of Dublin in Ireland And he was the first Marquesse that any of our Kings created The first Viscount that I find saith he of Record and that sate in Parliament by that name was John Beumont who in the 8. yeer of Hen. the 6. was created Viscount Beumont And therefore if Parliaments be the most high and absolute power in the Realm as undeniably they are for Holinshed in his fore-mentioned Chronicle in the Dâ—scription of England speaking of the high Court of Parliament and authority of the same saith pag. 173. thereby Kings and mighty Princes have from time to time been deposed from their Thâ—ones â—awes either enacted or abrogated offendors of all sorts punished c. Then much more may they disthrone or depose these Lordly prerogative Innovators and Intruders and for my part I shall think that the betrusted Commissioners of the Commons of England now assembled in Parliament have not faithfully discharged their duty to their Lords and Masters the people their impowerers till they have effectually and throughly done it And if the Lords would be willing to come and sit with them as one house
his late booke called LONDONS LIBERTIES IN CHAINES DISCOVERED pag. 54 And what meâ—nes Lieutenant Collonel Iohn Lilburnes pâ—ttifull Complaints in divers of his bookes against severall Members of the HOVSE of COMMONS but especially against Justice LAVRANCE WHITAKER See Innocency and Truth justified pag. 12. 15. 16. 63. 64. And Londons Liberty in Chaines discovered And what meanes his leud Complaints in his Epistle to Iudge REEVE c. against the Earle of Manchester and Collonel Edward King of Lincolnshâ—re whom he accuseth for being Traytors to the trust reposed by the PARLIAMENT in them And yet is so farre from obtaining Justice against them that he is clapt by the heeles in the exceeding chargeable prison of the Tower of London by their meanes And what meanes that extraordinary Complaint of Mr. ANDREWES BVRRELL in his printed REMONSTRANCE TO THE PARLIAMENT OF ENGLAND against the CHIEFE MEN that are mannagers of the NAVIE viz THE EARLE of WARWICK Mr. GILES GREENE Chairman of the Committee of the Navy Mr. SAMVEL VASSALL and the 2. Mr. Bencis Members of the same Committee c To whose charge he layes little lesse then TREACHERY TO THE WHOLE KINGDOME and couseâ—ing and cheating of the publicks monyes yea such is his CHARGE there against them that if he be able to make it good THEY DESERVE NO LESSE THEN HANGING And it seemes he is able sufficiently to do it for they dare not call him to account but let him go at Liberty which demonstratâ—s to all understanding men They know their own guiltinesse And a thing of as high a consequence is the lamentable Complaint made against Sir Iohn Clotworthy and his friend Mr. Davis c. about their cousening and cheating poore and bleeding Ireland of much of the monies that should have relieved it which Complaint is called The State of the Irish affaires for the Honourable Members of the Houses of Parliament as they lie represented before them from the Committee of Adventurers in London for lands in Ireland sitting at Grâ—cers Hall for that service and printed at London by G. MILLER dwelling in the Black-Fryers The abstract of which with some additions are inserted in a written paper which I had from a good hand which followeth thus A further discovery of the evill managing of the affaires of Ireland wherein it doth plainly appeare that above the fourth part of the monies levied for Ireland is pursed by 4. or 5. private men to the value of 97195. l. THat presently after the trouble did breake forth in Ireland there was one Mr. John Davis of the Irish Nation came for England who was trusted by the Parliament with 4000. l. worth of Provisions and appointed Commissary for the disposall of those goods for the English and Scottish Armies in Ireland The said Mr. Davis using indirect wayes by feasting and bribing the Officers having spent 100. l. upon them in a week as he himselfe hath acknowledged and by that meanes he obtained his desire for he valued the goods which he delivered to the Armies at such unreasonable high prizes that in this imployment for the space of 8. or 9. months he so manageth the businesse that he makes the parliament indebted unto him 12195. l. And it will be made manifest by sufficient testimony that before he was put into this imployment he was not worth 200. l. but with feasting and bribing the Commanders of the said Armies He obtaines such an accompt in writing having such friends to assist him that he procures Generall Lâ—slâ—yes letter of recommendation for his good service setting forth how seasonable the provisions came to the Army but no mention made that the Parliament sent the goods That after the said Mr. Davis had procured this letter he comes for England the troubles here being great the Parliament had not time to heare him so he continued in and about London for the space of two yeares or thereabouts In which time he was reduced to a meane and low condition in so much as he hath acknowledged he had much ado to geâ— mony to buy food for himself his wife yet in this low Condition he puts in Propositions to the Commiâ—tee of Parliament to deliver 60000. l. in Provisions Armes and Cloth to be paid out of the Ordinance for Ireland which was for above three times as much but he was to have the first mony that came in upon the said Ordinance onely 20000. l. was alotted otherwise The Committee of Adventurers for Ireland were sent for and treated withall to know if they would serve in and deliver those provisions for Ireland who at the first refused to agree by way of bargaine alledging that they would make use of the said Ordinance to serve it with all expedition expecting no profit but the Committee of Parliament said that there was necessity of making agreement by way of contract whereupon the Committee of Adventurers for Ireland did give in Propositions that they would serve and deliver those provisions 7000. l. in 60000. l. under the prises Mr. Davis had given in notwithstanding M. Davis delivered the goods had his prizes for those goods provisions but did fail in all his undertakings both in the time of delivering the goods and also the goods he served were generally very bad as doth appeare by the Testimony of one of the Parliaments Commissioners in Ireland which Testimony and the prises Mr. Davis had is here inserted The reasons why M. Davis had this employment before those Citizens are many I shall name one the cessation of Armes in Ireland being ended divers Commanders came over from thence into this Kingdom who knowing Mr. Davis of old in respect of his large bribes given them did desire the Committee of Parliament that Mr. Davies might be the man for the providing and furnishing of provisions for the service of Ireland alleadging they knew him well as for the Citizens they were more fit to keepe shops then to take care of a Kingdom These Commanders above-mentioned are those who were for the Parliament one year and the next year sided and joyned with the Irish Rebels these are the men who gave this good report of Mr. Davies That Mr. Davies hath made a second bargain with the Committe of Parliament for 45000. l. worth of goods the which mony is fully paid him and the 60000. l. also formerly mentioned and this Committee have allowed him his pretended Debt of 12195. l. out of the money appointed by Ordinance of Parliament only for Ireland and not to pay any debt although never so reall Mr. Davies in the moneth of July 1646. hath made a third agreement for 140000. l. to deliver so much in Arms Provisions other necessaries the money part of it to be paid out of the Excise and the rest by a new Ordinance of Parliament for levying of monies for the service of Ireland the Committe of Adventurers having formerly declared in their book formerly set forth by theÌ„ which was presented to divers Members of