juster or better way of tryall and they 〈◊〉 to provide for our weale but not for oâ—r woe â— par book Doc. p. 150. and 〈◊〉 〈◊〉 doe what they list but what they ought 1 par â—ook dee p. 172. 205. 214. 266. 267. 〈◊〉 494. 497 499. 656. 660. 666. 696. 706. 707. 〈◊〉 2 par fol. 95. Declarat 17 March 164â— p. 6. 21 28 27. For all the idle pratings of any new upstart ' SONS OF BELIAL amongst us such as the Author of the late abominable Book called the DISCOVERER which is commonly reported to be partly Master Frosts Secretary to the 〈◊〉 callâ—d the 〈◊〉 of 〈◊〉 and pâ—incipalâ—y that Apostate IOHN CAN law if 〈◊〉 and now of the Parish of Bâ—w whose conscience by that appeares so bread 〈◊〉 it will without doubt lead him to worship with the Turks Alkeron if it were in 〈◊〉 and fat livings to be got by so doing But let all men in Authority and great place◠〈◊〉 value thei own heads and lives Remember Dudly and Epsons punishments Privy Coâ—cellors to Hâ—nâ—y theâ— eveâ—â—â— for proceeding by the rules of their discretion i◠〈◊〉 〈◊〉 laying aside the tryals by Juries of twelve men the ancient and undoubted birthright of the Subject 4 part inst fol. 41. for which they lost their heads as Traytors for subvertâ—ng the fundamentall Liberties of the people although they had an Act of Parliament viz. 11 Hen. 7. châ— 3. recorded 4 par inst â—ol 40 made by as unquestionable power in Law as ever was in being in England in a free and full Parliament câ—â—sisting of King Lords Spiâ—ituall and Temporâ—ll and Commens to authorise and beat them out in what they did of whom you may read most excellently in Cooks inst viz. 2 par fol. 51 4 par fol. 41. 197 198. 199. And in my musing with my self of their conditionn my thoughts were something to this purpose the actions done and acted by them were either crimes or no crimes crimes as to men they could not be unlesse they were transgressions of a knowne and declared law in being in the Nation before their acts were done for saith the Spirit of Truth Where there is no Law there can be â—â— transgâ—ession Rom. 4. 15. and if so then to punish them for their acts or facts any other wayes or by any other rules manner or methods then is by those Laws against which they had transgressed is expressed and presâ—ibed is very grand injustree and the most righteous and justest men in the world under such practises can never be safe or secure but are alwayes liable in liberty estate and life to be levellâ—d and destroyed by the will mallice and pleasure of the present sâ—aying grand faction in which condition a man differs nothing from a brute beast but in shape But the High Court of Justice erected to try them was a pretended Court of Justice not knowne to the visible and declared law of England being in its constitution altogether against all the English Rules of justice No nor in being when their facts were committed And therefore had no pretence at all being but a new constitution to meddle with Judging of their facts committed before it had a being or was brought forth into the world Besides the erection of it I mean a High Court of Justice to try men for siding with the King in the late warrs against the Parliament is a meer and cleer giving away and surrendring up the legallity of their cause in o the Kings hands telling the people in effect hereby its true we have waged warre against the King but if his sword had been as long as ours he might easily if he had pleased have hanged us all by the rules of Justice for transgressing â— lâ—w in being But we having by the chancâ— of war prevailed against him alass we have no law of our sides by the rules of which we can hang any of his party but must be forced to take away their lives by the rules of our own wills and power by rules of pretended Law mâ—de after their facts committed and for the demonstrating of this unto all that have adhered unto us we Erect a New High Court of Justicely new rules never known in England to try them that so our friends that have adhered to us may see where they are and betimes provide for their own safety and never trust or beleeve OUR DECLARATIONS AND REMONSTRANCES ANY MORE for though we formerly told you we had the Law of our sides yet by our setting up this High Court of Justice to be both parties Jury and Judges we plainly tel you there was no such thing but that then what we told you was lyes and falshoodâ— and that you should beleeve us no more for though then we told you we would maintaine the Law especially of Liberty and Propriety and that it was â— transcendenâ— wickednesse in us to destroy it and by our votes at our wills and pleasures to disposeor levell all the peoples estates liberties and properties yet now we iell you we never in our hearts intended any such thing but that our designe was totally if we did overcome never to keep any of our promises but absolutely to destroy all Law and by our absolute will by all manner of new erected engins to debase and breake the peoples Spirits and to dispose of their liberties estates and lives by the absolute rule of their own wills and as a cleâ—â— demonstration to your understanding that we never intended otherwise we erect this HIGH COURT OF JUSTICE composed of suck 〈◊〉 we know will obey and execute the absolute dictats of our wills â—e they 〈…〉 without ever examining whether our commands be consonant to law reason eqâ—ity justice or conscience being of as absolute implicite faith in belclâ—ering of us because we have promised they shall â—aign with us or under us as ever any papish in the world were believing the Popâ— Thirdly Admit this had been an unquestionable representative of the people Parliament who by veâ—â—â—â— thâ—â—â—â—f hath had a power to levy what mony they had judged convenâ—â—nt upon the peoplâ— bâ—â—â—neral tax for the common safety of the Nation which act both by law and reason â—hâ—y may do yet they cannot in law equity or reason lay all thaâ— tax upon thâ—ee oâ— four men alone and make them bear all the charges of the publick evâ—n so although the Parliament may erect Courts of Justice for the good of the people to administer Law in â—esinitely to all the people of England alike without exeâ—pâ—ion of perâ—ons yet they can neither by Law nor Reason erect a Court of Justice on purpose to try three or four individual persons and no more because it is against common equiâ—y â—â— Englishmen oâ— people being all born free alike and the liberties thereof equally intasted to all alike and therefore in common equity and justice three or four individual persons ought not to be burthened with an iron yoake when
souls they have freely adventured their lives and so carried themselves in all their actions towards you that all their adversaries are not able nor ever were to lay in law my crime to their charge for the redresse of all the foresaid grievances and yet the best recompence you your selves give unto them is to toffe and tumble them yeer after yeer from Gaol to Gaol without laying any crime unto their charge denying them the benefit of their Birth-right the Law of the Land keeping thousands of pounds of their own from them and endeavouring in their long imprisonments to starve and murder them their Wives and Children by being worse then the King was to your Members who allowed them three foure and five pounds a man weekly notwithstanding their own great estates to live upon in allowing them never a penny to live upon endeavouring to protect all those unrighteous men that contrary to Law have endeavouted to murder and destory them and take away their lives and beings from the earth And all this is my own case and sufferings from you your selves Therefore Hear O Heavens and give ear O Earth and the righteous God and all just men judge betwixt â—â— And therefore if there be any truth or resolutions in you to stand to any thing that you say and declare I challenge at your hands the benefis of all your Declarations and Remonstrances which are all of my side and particularly the notablest of Declarations of the 6 of May 1643 and 17 April 1646. which was made before my contest with the Lords in which you declare 2 par Book De. fo 95. 879 that although the necessity of war have given some disturbances to loyall proceedings stopped the usuall course of justice 〈◊〉 the Parliament for the preservation of this right to impose and require many great and unusual payments from the good Subjects of this Kingdom and to take extraordinary wayes for the procuring of monyes for their many pressing occasions It having pleased God to reduce our affaires into a more 〈◊〉 condition then heretofore We do declare that we will not nor any by colour of any authority derived from us shall interrupt the ordinary course of Justice in the severall Court of Judicatures of this Kingdom not intermeddle incases of private interest otherwhere determinable unlesse it be in case of male administration of Justice wherein we shall so provide that right be done and punishment inflicted as there shall be occasion according to the Law of the Kingdom and the trust reposed in us Therefore seeing that you that stile your selvs the fountain and conservaâ—â—ry of the Law first par Book Declar. pag. 272 have declared in answer to the Kings Complaint against scandalous pamphlets which was the originall pretence of the Lords quarrelling with me that you know the King hath wayes enough in his ordinary Courts of Justice to punish such seditious 〈◊〉 and Sermons as are any way prejudiciall to his rights honour and authority pag. 208. and if the King the Superior or Creator of the Lords must be tyed in this case to the ordinary Courts of Justice according to the Laws of the Kingdom then much more the Lords the creature or inferiour to the King And therefore I hope you will not be angry with me for refusing obedience to the illegall commands of the single Lords the inferious or hinder me from obtaining Justice according to Law upon those that most barbarously executed them upon me seeing you and the Lords themselves have taught me and all the people of England disobedience to the illegall commands of the King the greater as cleerly appears by your Declarations of July the 12 July 26 1642. 1 par Book Decl. p. 201. 458. 483. The words of which last are That the Lords and Commons in Parliament do Declare That it is against the Laws and Liberties of the Kingdom that any of the Subjects thereof should be commanded or compelled by the King to attend him at his pleasure but such as are bound thereunto by speciall service And if any Messengers or Officers shall by colour of any command from his Majesty or Warrant under his Majesties hand arrest take or carry away any of his Majesties Subjects to any place whatsoever contrary to their wils that it is both against the Law of the Land the Liberty of the Subject and it is to the disturbance of the publick Peace of the Kingdom and any of his Majestie 's subjects so arrested may lawfully refuse to obey such Arrests and Commands To the same purpose you also were and declare in pag. 93. 95. 112. Therefore seeing the Law of the Land is so often by you declared to be the undoubted Birth-right of me as well as the greatest Lord in England or Parliament man whatsoever I earnestly crave and challenge at your hands as much for my self as you did at and from the hands of the King for the Lord Kimbolton and the five Members Sir John Hothan and the Lord Maior Pennington Alderman Foulke Col. Vean and Col. Manwaring viz. the benefit of the Law of England in the ordinary Courts of Justice which is not to be taken or imprisoned pass'd upon nor condemned but by due Processe of Law before a Justice of Peace according to the Law of the Land and not to be imprisoned but for a particular crime in Law expressed in the Commitment by those that have power in Law to commit me nor to be tried or condemned but by presentment c. before a Jury of twelve men of my Peers or equals of the same Neighbourhood where the fact was committed which is as you declare by Sir Edward Cook in 4 part Institutes fol. 41. the ancient and undoubted Birth-right of all the Subjects of England and to have my remedy at Law against all those that shall deal with me contrary to Law And that you challenged all these things for them before-mentioned you may read in your own Declarations pag. 7. 38. 39. 41. 53. 67. 77. 101. 123. 140. 162. 201. 203. 208. 210. 245. 277. 278. 459. 660. 845. All which I cannot doubt but you will grant unto me because it cannot rationally enter into my brest to conceive that you your selves can judge it consonant to Justice to set me and thousands and ten thousands of the people of the Kingdom to fight at your command for the preservation of our birth-right the Law and then for you to deny it unto us and deprive us of it and to recompence us with slavery which we are in when we lose the benefit of the Law Surely this cannot in honour and justice become you that call your selves the Conservators of the Law But if you shall avowedly deny me the benefit of the Law you frustrate your end in making Judges to be in Westminster Hall to execute the Law and put a mock upon the people and dissolve the whole frame and constitution of the civill Policy of the Government of this
and the â— part Cooks Reports in Dr. Boâ—hams case See the Army Book Declarat pag. 35. â—9 61. 63. 143. First therefore let us begin with Common Right and we shall easily see this perpetuall Act is against that For it is against common Right that indebted men as most if not all Parliament men arâ— should not pay their debts Or that if any Member of â—â—â—liament do any of the People of England wâ—ong as daily they do by unjust and 〈◊〉 râ—â—â—ble 〈◊〉 of him oâ— them of hiâ— laâ—d or dispâ—ssessing him of his goods 〈…〉 of his fame or doing violence to his person by beating wounding or imprisoning c. that 〈◊〉 sons during their lives by a priviledge of Parliament that was intentionally 〈◊〉 and just in its institution when Parliaments were often and short should be 〈◊〉 and sâ—â—â—red from all manner of question at the Law by any parties so wronged by them is absolutely against common Right Nay and more That this should extend 〈◊〉 â—â—ltitudes of persons besides that are their servants or attendants and also that any oâ— all of these shall have the benefit of the Law in any Court of Justice in England at their pleasure against any man whom they shall pretend wrongs them are such transâ—â—deâ—â— and grievous enormities that common Right abhors and yet this with a thousand 〈◊〉 as much more as bad as these are the fruits of a perpetuall Parliament if they please which tends to the utter destruction of all mens Actions reall personall or mixt who have â—o do with Parliament men as appears expresly by the Statute of Limitations of the aâ— of James chap. 16. which strictly confines all manner of Suits to be commenced within 〈…〉 after the occasion given Secondly For common Reason Parliaments were ordained and instituted as is before truly and legally declared for remedies to redresse publick and capitall grievâ—â—ces thâ—◠〈◊〉 where else could be redressed but it is against reason and the very end of the Institution of Parliament that Parliaments should make and create multitudes of publike and insufferable grievances The law of the Land allowes no protection for any maâ— iâ—ployed in the service of the Kingdom but for a yeer at most as to be free from Suiâ—s and in many Suits none at all howbeit he be in such services But a perpetuall 〈◊〉 may prove a protection in all manner of wickednesse and misdeaâ—â—eanours 〈◊〉 against other men not of the Parliament amongst any of whom they may piâ—k and chuse whom they please to ruinate and destroy and that noâ— for a yeer but for ever which is against all manner of Reason or the shadow or likenesse of it And therefore a◠〈◊〉 Sir Henry Vane said against Episcopal Government in the beginning of his larg◠〈◊〉 of the 11 of June 1641 now in print at a Committee for passing the Bill against â—â—â—â—pall Government so say I of an everlasting or of any Parliament that shall do 〈◊〉 you have done in largely sitting beyond the time of your Commission c. That 〈…〉 thing is destructive to the very end for which it should be and was constituted to be 〈…〉 onely so but does the quite contrary as your House in every particular doth cerâ—aiâ—ly we have cause sufficient enough to lay it aside and not onely as uselesse in that it 〈…〉 its end But is dangerous in that it destroyes and contradicts its end Thirdly For Impâ—ssibilitie The death of thâ— King in law undisputably dissolves the Parliament spoken of in the foresaid act which is pretended to be perpetuâ—ll for 〈◊〉 Writ of Summons that is directed to the Sheriffs by vertue of which Parliâ—â—â—â—◠〈◊〉 are chosen runs in these words King Charles being to have conference and 〈…〉 c upon such a day about or concerning as the words of the Tâ—ieâ—â—â—ial Act hath it the high and urgent affairs concerning his Majestie and he writes US the State and the 〈◊〉 of the Kingdom and Church of England But I would fain know how it's possiblâ— for a Parliament to confer or treat with King CHARLES now he is dead it 's impossible Seâ— 2 H. 5. Cook in Parl. 3. part And therefore the whole current of the Law of England yea Reason it self from the beginning to the end is expresly That the Kings death doth ipso facto dissolve this Parliament though it had been all the time before 〈◊〉 so intire and unquestionable to that very hour and it must needs be so he being in Law yea and by the authority of this very Parliament stâ—led the head the begiâ—â—ing and end of Parliâ—ments See Coâ—ks 4 part Institutes fol. 1. 3. Mr. Pyâ—â—'s for 〈…〉 Straâ—â—ord pag. 8. S. John's forementioned argument against Strafford pag. 42. And therefore as a Parliament in lâ—w 〈◊〉 begin without the 〈…〉 in it 〈◊〉 person 〈◊〉 representatives Cook ibid. so 6. so it is posâ—â—ively 〈◊〉 by his 〈◊〉 〈◊〉 thereby not only the true declared but intended end of their assembling which 〈◊〉 〈◊〉 〈◊〉 and confer with King CHARLES is ceased and thereby a final â—nd is put 〈◊〉 the means that are appointed to attain unto that end And therefore it is as 〈◊〉 for this Parliament or any Parliament to continue as long as they please aâ— for a Parliament to make King Charles alive again Fourthly For Repugnancy That which is but for a time cannot be affirmed to have continuance for ever it is repugnant but this Parliament in the intention of the makers of the Act was to be but for a time not above a yeer at most after the dâ—â—e of the Act as is before proved and declared from their own words And therefore it cannot be reputed perpetual for there is a repugnancy betwixt them Again The King's Writ that summoned this Parliament is the Basis in law anâ— Foundation of this Parliament If the Foundation be destroyed the Parliament falls But the Foundation of it in every circumstance thereof is destroyed And therefore the thing built upon that Foundation must needs fall It is both a Maximâ— in Law and Reason But if it be objected The Law of Necessity requires the continuance of the Parliament against the letter of the Law I answer First It s necessrry to consider whether the men that would have it continue as long as they please be not those that have created the necessities on purpose that by the colour thereof they may make themselves great and potent and if so then that Objection hath no weight nor by any rules of Justice can they be allowed to gain this advantage by their own fault as to make that a ground of their justification which is a great part of their offence And that it is true in it self is so obviouâ— to every unbiased knowing eye it needs no illustration but if it shall be denyed by any of their pens if God please to give further opportunity I shall prove it to the full Secondly I answer There can no necessity be pretended that can be
The Legall Fundamentall LIBERTIES OF THE PEOPLE of ENGLAND Revived Asserted and Vindicated OR An EPISTLE written the eighth day of June 1649 by Lieut. Colonel JOHN LILBVRN Arbitrary and Aristocratical prisoner in the Tower of London to Mr. William Lenthall Speaker to the remainder of those few Knights Citizens and Burgesses that Col. Thomas Pride at his late purge thought convenient to leave sitting at Westminster as most fit for his and his Masters designes to serve their ambitious and tyrannical ends to destroy the good old Laws Liberties and Customs of England the badges of our freedom as the Declaration against the King of the 7 of March 1648 pag. 23. calls them and by force of arms to rob the people of their lives estates and properties and subject them to perfect vassalage and slavery as he cleerly evinceth in his present Case c. they have done who and in truth no otherwise pretendedly stile themselves the Conservators of the peace of England or the Parliament of England intrusted and authorised by the consent of all the people thereof whose Representatives by election in their Declaration last mentioned pag. 27. they say they are although they are never able to produce one bit of a Law or any piece of a Commission to prove that all the people of England or one quarter tenth hundred or thousand part of them authorised Thomas Pride with his Regiment of Souldiers to chuse them a Parliament as indeed he hath de facto done by this pretended mock-Parliament And therefore it cannot properly be called the Nations or Peoples Parliament but Col. Pride's and his associates whose really it is who although they have beheaded the King for a Tyrant yet walk in his oppressingest steps if not worse and higher JOHN 7. 51. Doth our Law judge any men before it hear him and know what he doth ACTS 24. 23. And he commanded a Centurion to keep Paul and to let him have liberty and that he should forbid none of his acquaintance to minister or come unto him although in ver 5. he was accused for a most pestilent fellow and a mover of sedition throughout all the world ACTS 25. 27. For it seemeth to me unreasonable saith the heathen Judge to send a prisoner and not withall to signifie the crimes laid against him ACTS 28. 30. And Paul IN HIS IMPRISONMENT AT ROME UNDER THE HEATHEN PERSECUTORS dwelt two whole years in his own hired house and received all that came in unto him LONDON Printed in the grand yeer of hypocriticall and abominable dissimulation 1649. SIR FOr distinctionâ— sake I will 〈◊〉 stile you Mr. SPEAKER although it be but to Col. Pride's 〈…〉 Parliament sitting at Westminster not the Nation 's for they never gave him Authority to issue out Writs elect or constitute a Parliament for them and you being their mouth I could not think of any man to whom I could better direct my Lines at 〈…〉 in my grâ—â—t Oppressions by You and your Lord and Master CROMVVEL then your self And therefore cannot now chuse but put you in minde That the 4th April 1648. when I was like unjustly to be destroyed by Mr. Oliver Cromwell in my late unjust and tyrannicall Imprisonment in the Tower I writ you a large Epistle and stiled it in print The prisoners Plea for a Habeas corpus in the 9 10 11 12 13 pages of which I positively accuse Mr. Oliver Cromwell for a wilfull murderer and desire you there to acquaint your House therewith who then had some little face of a Parliament stamp upon it and That I would engage upon my life to prove him to be so by Law You your selves in your Declaration of the 4th March 1647. in answer to the Scotch-Commissioners Papers Declare p. 5. 16. that the subduing the enemies forces in the Nation which then were as you there say wholly subdued suppressed though the Parliament keep up an Army in a time of peace when all the ordinary Courts of Justice were open where only and alone all Law and Justice ought to be dispensed to all Englishmen in all cases whatsoever yea even to Soldiers as well as others as in the aforesaid pages and in Mr. Overtons and My printed Epistle to the Generall in Mr. Lockiers behalf of the 27 April 1649. is by Law undeniably proved which Epistle you may read at the last end of the second Edition of my Picturâ— of the 〈◊〉 to of State And yet about or upon the 15 Nov. 1647. your Wâ—re in Hertford-shire He 〈◊〉 wilfully and ofâ—et-malice murdered Rich. Arnell a freeborn Englishman and so shed the bloud of War in the time of Peace which was Joabs case in reference to Abner and Amasa 2 Sam. 3. 27. and 20. 10. of whom when David delivered his charge to his son Salomon he saith thus Moreover thou knewest also what Joab the son of Zervich did to me and what he did to the two Captains of the best of Israel 〈◊〉 Abner the son of Ner and unto Amasa the son of Jother whom he slew and shed the blood of war in peace and put the blood of war upon his girdle that was about his loins and in his shoâ—s that were on his feet Doe therefore saith he recording to thy wisdom and he not his boâ—ry head get down to the grave in peace 1 Kings 2. 5 6. which charge he accordingly performed and so delivered himself and his Fathers house from the guilt of innocent blood ver 29 30 31 32 33. And you may also remember that upon the 19 of Jan. 1647 at your Barr I openly delivered a formal charge or impeachment of high Treason according to your own Ordinances against the foresaid Mr. Oliver Cromwell and his subtil machevilian son-in-Law Mr. Henry Iveton for their notorious doing that in reference to the King for but the petty acting of which in comparison to theirs they impeached Mr. Denzill Hollis Sir Philip Stapleton c. of high Treason as appeareth in their own Book of Declarations pag. 81 82. Article 2 3. and forcibly expunged them your House as Traytors therefore And in the foresaid pages of my plea for a Habeas Corpâ—â—â— I truly acquaint you with the plot and design Master Cromwell laid to take away my life for but a little opposition to the King whose professed and avowed 〈◊〉 he and his The PLEA it self thus followeth May it please this Honourable Committee I Was commanded by you upon Tuesday the 13 day of this present June 1648 to bring in an Answer this day to the Petition and complaint of Henry Wollastone Kepeer of the prison of Newgate in which Petition he complains that I have brought an action at the common Law against him for detaining me in safe custody according to his duty by vertue of a Warrant from the House of Lords and therefore prayes indemnity for his acting therein in obedience to the Authority of Parliament and his trebble damages and that at common Law there may be no further
proceedings in the said Action And being demanded by the then Chairman of this Committee whether I had caused such an Action to be commenced yea or no I positively declared I had and that I had very good ground in Law so to do considering that the Law of England which is my Birth-right and Inheritance requires That I shall not be deprived of my Liberty but by due processe of Law according to the Laws of the Land and that if any shall detain my body in prison without legall Authority he is liable in Law to make me satisfaction therefore but Mr. Wollastone had kept me in prison divers weeks by vertue of a pretended Warrant of the single House of Lords who in Law I will maintain it have not the least power in the World to commit my body to prison yet they did upon the tenth day of June 1646 laying no crime to my charge command me to be kept for all my short eternity in this world for the Warrant is during their pleasures and then by another illegall Warrant within fourteen dayes after dated the 23 of June 1646 they for no cause in the world commit me close prisoner and command that I be not permitted to have pen ink nor paper and that none shall have acceffe unto me in any kinde but onely my Keeper untill the Lords otherwise please Which most illegall Warrant Mr. Wollastone executed upon me with a great deal of severitie and barbarism not permitting my Wife to come into the prison yard to speak with me at a distance out of my grates nor suffering me to receive either meat drink or money or any other necessaries from the hands of my Wife servant or friends nor suffering me to see their faces when they sent me in my diet All which usages are against the Laws and Statutes of this Kingdom and therefore I have cause and ground enough in Law to seek for my remedy in Law against the said Mr. Wollastone and I hope the Members of this Committee have taken too many Oaths to maintain the fundamentall Laws of the Land and the Liberties of the People then now to go about to deprive me of the benefit of them It is true you sit here by verue of an Ordinance of both Houses to indemnifie all those that have acted or done or commanded to be acted ordone any thing by sea or land by the Authority or for the service or benefit of this present Parliament But under the favour of this Committee I do conceive That the said Ordinance which is your Commission doth not in the least authorise you to meddle with my present case forasmuch as I do not prosecute Mr. Wollastone for actions done by the Command and Authority of Parliament but for actions done directly against their Authority publickly declared in the Laws of the Kingdom and their own Declarations and I hope this Committee will not so much undervalue their own House as to adjudge the House of Lords singly to be the Parliament of England nor their single Order to be the Parliaments Authority of England and if not then I cleerly conceive that upon your own principles you have nothing to do with my business before you neither can I conceive that you can in the least judge Mr. Wollaston's illegal and barbarous actions done upon me to be for the service and benefit of the Parliament but rather the quite contrary by rendering them odious and adominable in the eyes of the people if they shall 〈◊〉 such tyrannicall doings after they have taken so many Oathes 〈…〉 the Laws and Liberties of the Kingdom and caused so much English bloud to be shed pretendedly therefore Whereupon after a little debate amongst the members of this Committee by themselves my L. Munson the Chairman thereof was pleased to tell me then the business was weighty and did concern the Priviledges of the Lords Houses and therefore they judged it convenient to put it off till this day and to acquaint the Lords with it that so if they pleased some of them might here be present and you also ordered me to fit my self with a formall Answer to the Petition which accordingly I have done and with the favour of this Committee giving me free leave to speak I am ready to deliver unto you and do deliver it unto you thus My Lord I read in the Statutes of 4. Edw. 3. ch 4. and 36. Edw. 3 ch 10. and in the tyrannical Act made this Parliament 16 C. R. and in the 4 part Cooks Instit fol. 9 11. 37. 38. 39. 41. 42. and 1 part Book Decl. pag. 701 702. that Parliaments are principally called for the maintenance of the Laws and for the redresse of divers mischiefs and grievances that daily happen and sutable to this are the ends contained in the Writs that summon them and the intentions of those that chuse the Members and send them And if Parliaments be principally called for the maintenance of the Laws and redresse of mischiefs and grievances then not for the destruction of the Laws not for the increase of mischiefs and grievances And therefore when this present Parliament in the dayes of their verginity and primitive puritie in their Actions Declarations and Remonstrances expressed much zeal for accomplishing of those ends for which they were trusted in providing for the safety of the Kingdom and peace of the people which you call God to witness is your only aime protesting in the presence of the all seeing deity that the foresaid ends is the only end of all your counsels and indeavours wherein you are resolved to continue freed and inlarged from all private aims personall respects or passions whatsoever and persevere in the vigorous indevoring to preserve the Laws and Liberties of this Land though you should perish in the work calling upon God that sees your innocency and that you have no aims but at his glory the publick good for protection in your straits I say yet notwitstanding all this the King to make you odious and to be deserted of the people in several of his Declarations Declares that all these were but guilded dissimulations it being your reall intentions to destroy Liberty and property meum and mum and to subvert the Lawes and introduce new forms of arbitrary government and to introduce Anarchy a paritie and confuon by levelling of all degrees conditions and to monopolise into your hands all the rich and great places in the Kingdom for your own particular advantage and profit and to get such a power into your hands as thereby to enable you inevitably to destroy all that opposed you and that the maintenance and advancement of Religion Justice Liberty Propertie and peace are really but your stalking horses and neither the grounds of the war nor of your demands and that for all your fair pretences to the people you will extirpate the Law root and branch alter the whole frame of Government and leave not any thing like Law Liberty or
Surery to pursue his suggestion which if he cannot prove he is to be imprisoned till he hath satisfied the party accused of his dammages and stander and made Fine and Ransom to the King The benefit of these Laws you claim at the Kings hand and there tell him he ought not of right and justice to deny it to you And also in 1 part Book Decl. pag. 101 speaking to the King you say Your Majesty lays a generall tax upon us if you will be graciously pleased to let us know the particulars we shall give a cleer and satisfactory Answer But what hope can we have of ever giving your Majestic safaction when those particulars which you have been made beleeve were true yet being produced and made known to us appeared to be false and your Majestic notwithstanding will neither punish nor produce the Authors but go on to contract new jealousies and fears upon generall and uncertain grounds affording us no means or possibilitie of particular answer to the cleering of our selves For proof whereof we beseech your Majestic to consider The heavie charge and accusation of the Lord Kimbolton and the five Members of the House of Commons who refused no Triall or Examination which might stand with the Priviledge of Parliament yet no Authors no Witnesses produced against whom they may have reparation for the great injury and infamy cast upon them notwithstanding three severall Petitions of both Houses and the Authority of two Acts of Parliament vouched in the last of those Petitions And in a fourth Petition about the same business 1 part Book Decl. pag. 123. We beseech your Majesty say you to remember that the Government of this Kingdom as it was in a great part mannaged by your ministers before the beginning of this Parliament consisted of many continued and multiplied acts of violation of Laws the wounds whereof were scarcely bealed when the extremitie of all those violations was far exceeded by the late strange and unheard of breach of our Laws in the accusation of the Lord Kimbolton and the five Members of the Commons House and in the proceedings thereupon for which we have yet received no full satisfaction And in your Declaration of the 19 of May 2642 1. par Book Dec. p 200. 201. you are very remarkable and fly The accusation of the L. Kimbolton and the 5 Members of the House of CoÌ„mons is called a breach of Priviledge and truly so it was and a very high one far above any satisfaction that hath yet been given How can it be said to be largely satisfied so long as his Majestic laboured to preserve his Atturney from punishment who was the visible Actor in it so long as his Majestic hath not onely justified him but by his Letter declared that it was his duty to accuse them and 〈◊〉 he would have punished him if he had not done it so long as those members have not the means of cleering their innocency and the authors of that malicious Charge undiscovered though both Houses of Parliament have severall times petitioned his Majestie to discoâ—â—â— them and that not onely upon grounds of common Justice but by Act of Parliament his Majestie is bound to do it so long as the King great such to passe a Bill for their discharge alledging that the Natiâ—â—tive in that Bill iâ— against his Honour whereby he seems still to â—â—ow the matter of that false and scandalous Accusation though he deserts the Prosecution offering to passe a Bill for their acquital yet with intimation that they trust desert the avowing their own innocency which would more wound them in 〈◊〉 that secure them in Law And in vindication of this great Priviledge of Parliament we do not 〈◊〉 that we have invaded any Priviledge belonging to his Majesty as is alledged in his Declaration But we look not upon this onely in the notion of a breach of Priviledge which might be though the Accusation were true or false but under the nation of an hainous crime in the Attourney and all other Subjects who had a hand in it a crime against the Law of Nature against the Rules of Justice that innocent men should be charged with so great an offence as Treason is the face of the highest Judicatory of the Kingdom whereby their 〈◊〉 and estates their bloud and honour are in danger without witnesse without â—isdence without all possâ—bility of reparation in a legall course yet a 〈◊〉 of such a nature that his Majesties Command can no more warrant then it can any other act of injustice It is true that those things which are evil in theâ—â— can nature such as a false testimony or a false accusation cannot bothe subject of any Command or induce any obligation of obedience upon any man by any Authority whatsoever therefore the Attourney in this case was bâ—â—â—â— to refuse to execute such a Command unlesse he had had some such evidence or testimony as might have warranted him against the parties and 〈…〉 make satisfaction if it should prove false And further to prove that 〈…〉 liable to punishment that puts in execution the Kings illegall Commands is must excellently proved and largely evident from your own words in 〈◊〉 Book Decl. pag. 259. 260. 276. 279. 280. 721. 722. 723. 727. 803. 〈…〉 largely declare that Alexander Archbishop of York Robert de Veâ—â—◠〈…〉 Irland c. were executed in Richard the Second's time as Traytors for 〈◊〉 in execution the commands of the King against the Law and if they are punishable that execute the commands of the King the Primitive against Law then much more by Law is Mr. Wollaston punishable for executing the commands of the single House of Lords the Derivative against Law and if in my own defence when I was in Mr. Wollaston's custody I had served him for his actions done to me in pursuance of the Lords single illegall commands â—4 Simson of Northampton-shire did Johnson in the 42 of Elizabeth for his doing actions in pursuance of the Queens Letters Patents contrary to Law in endeavouring by a Warrant flowing from the High Commission which was established by Act of Parliament and had legall cognizance of any facts in Controversie grounded thereupon to imprison his body for doing of which Simson in his own defence and his Liberâ—â—â—â— slew the said Johnson For which he was justified by the Judges of Affiâ—e and all the Judges of England as you may read in Sir Edward Cook 4. part Iustitutes fol. 333. 334. and in my Plea before the Judges of the Kings Bench called The Laws funerall page 214. 25. I say in case I had in my own defence and the defence of my legall Liberties slain Wollaston c. for executing the Lords single illegall Orders upon me for any thing I can read in the Law he had his mends in his own hands But to come more close upon your own principles to prove that a single Order of the Lords cannot stand in competition with the Law I do it thus
In all your Declarations you declare that binding and permanent Laws according to the Constitution of this Kingdom are made by King Lords and Commons and so is the opinion of Sir Ed. Cook whose Books are published by your own Order and who in the 2 part of his Institutes fol. 48. 157 and 3 part fol. 22. and 4 part fol. 23. 25. 48. 292. saith that Act that is made by King and Lords in Law binds not nor by King and Commons binds not or by Lords and Commons binds not in Law if so then much more invalid is the single Order of the Lords made against Law and can indemnifie no man that acts by vertue of it and your Ordinances made this Parliament in time of extream necessitie during denounced Wars are by your selves in abundance of your own Declarations esteemed adjudged declared but temporary and invalid as durable Laws which is evidently cleer out of the 1 par Book Decl. p. 93. 102. 112. 142. 143. 150. 171. 173. 179. 207. 208. 267. 277. 303. 305. 382. 697. 705. 709. 727. your expressions in the last page are we did and doe say that the Soveraign power doth reside in the King and both Houses of Parliament and that his Majesties Negative voice doth not import a Liberty to deny things as he pleaseth though never so requisite and necessary for the Kingdom and yet we did not nor do say that such bills as his Majestie is so bound both in Conscience and Justice to passe shall notwithstanding be law without his consent so far are we from taking away his Negative voice And if such Ordinances and Bills as passe both Houses are not Lawes by your own Doctrine without the Kings Consent then muchlesse can the Order of the single House of Lords be Lawes or supersedeaes to the Lawes And besides when divers honest and well-affected Citizens it may be out of a sensible apprehension of the mischiefs that acrue to the Kingdom by having the Supream authority lodged in three distinct Estates which many times so falls out that when two Estates grant things essentially good for the wellfare of the Kingdom the third Estate opposeth it and will not passe it which many 〈…〉 occasions war and bloud-shed to the hazard of the being of the Kingdom for the preventing of which they framed a Petition to your House Entitling it To the Supream Authority of this Nation the Commons assembled in Parliament in which they intreat you to be careful of the mischief of Negative Voices in any whomsoever which said Petition your House upon the 20 of May 1647. Voted to be burnt at the Exchange and Westminster by the hands of the Common Hangman and lately as I am informed there was a Petition of Master John Mildmans presented to your House and it was rejected by them for no other cause but because it had the foresaid title and therfore you your selves having rejected to be stiled the Supream Authority of this Nation I can see no ground or reason how you can upon your own Principles grant a supersedeas to Master Wollaston to overule my action at law against him and so de facto exercise the Supream Authority which in words you would have the Kingdom beleeve you abhorre neither can I iâ— reason or Justice conceive that if now you should own your selves for the Supream Authority of the Nation and the single and absolute Law-Repealers and Law-Makers thereof how you can deprive me of the benefit of those just Laws viz. Magna Charta Petition of Right and the Act that abolished the Star-Chamber that you have not avowedly and particularly declared to be void null and vacated as never to be in use any more in England Again yet in your Protestation in your Vote and Covenant and in your League and Covenant swore to maintain the Laws and Liberties of the Kingdom with your estates and lives and make the Kings Person and Authority but subservient thereunto or dependant thereupon And you have been so zealous to make Votes to disfranchise all those that will not take your Covenant as unfit to bear any Office in the Common-wealth or to give a Vote to chuse an Officer and can it stand with your Justice and Honour to deny me the benefit of that viz the Law which you have been so zealous in forcing the People of England to swear to maintain or can you in Justice and Honor be angry with me for standing for that viz. the Laws and Liberties of England which you have ingaged incited and forced thousands and ten thousands of the people of England to loose their Lives and Blouds for which I amongst others have upon zealous and true principles as hazardously ventured my life for as any man in England O let such an abominable thing be farre from men of honour conscience and honesty and let the fearfull judgments that befell the Hungarians as it were from God from heaven for breaking violating and falling from their faith and Covenant made with Amurah the Second the Sixt Emperor of the Turkes Recorded in the Fourth Edition of the Turkes History sol 267. 269. 273. 277 deterr all Covenant Makers and Covenant takers from breach of their Oaths Covenants and Contracts the breaking of which is highly detested and abhorred of God as a thing that his soul loathe as he declares in Scripture as you may read Exo. 20. 7. Lev. 19. 11 12. Deut. 23. 21 22 23. Psal 15. 4. Eccels 5. 45. Ezek. 17. 13 14 15. 10. 17 18. 〈◊〉 5. 3 4 8. 16. 17. Yea I say let the fearfull judgements wrath and vengeance Recorded by Sir Walter Rawley in his excellent preface to his history of the World that befell Tyrants and Oppressors whoafter they had broke their Oaths Faith Promises and Lawes made with the People and then turned Tyrants deterr you from such practises but especially the fearfull judgments of God that befel the most execrable thirty Tyrants of Athens who after the people of that City had set them up for the Conservators of their Laws and Liberties and who did many things well til they had got power into their own hands which they had no sooner done but they turned it poin blank against the people and fell a murthering robbing spoyling and destroying the innocent people and raised a Guard of three or foure thousand men of their own Mercenary faction whose destruction was fatall by the steeled resolution and valour of seventy faithfull and brave Citizens as you may â—â—ad in Sir Walter Rawleys History Lib. 3. Ch. 9. sec 2 3. Yea the Tyranny of Duke d' Alva cost his Master the King of Spaine the revolt of the Hollanders to his unimaginable losse But to returne did not you and the Lords the other day pass Votes and Communicated them to the Common Councel of London to declare to them and the whole Kingdom you would continue the Government by King Lords and Commons and can it new stand with your Honour and
divers of them an exact account how they had dealt with us and couzened and deceived us and so absolutely discharged my self for medling or making any more with so perfidious a generation of men as the great ones of the Army were but especially the cunningest of Machiavilians Commissary Henry Ireton and having an exact copy of what the greatest part of the foresaid sixteen had agreed upon I onely mended a clause in the first Reserve about Religion to the sense of us all but Ireton and put an Epistle to it of the 15 of December 164â— and printed it of my own accord and the next day it came abroad about which Mr Price the Scrivener and my self had a good sharp bout at Colonel Tâ—â—bburn's house within two or three dayes after where I avowed the publishing of it and also putting my Epistle to it of my own head and accord And after that I came no more amongâ—â—hem but with other of my friends prepared a complaint against their dealing with us and a kinde of Protest against their proceedings which with my own haâ—d I presented to the Generals own hands at the News the 28 of December 1648 being accompanied with Major Robert Cobbet Mr. Thomas Prince Mr. George 〈◊〉 â—â— Mr. Robert Davies Mr. Richard Overton Mr. Edward â—eâ—ch Mr. Dâ—â—iâ—l Liâ—ton Mr. William Bottom Mr. John Harris Mr. Thomas Dafferne Mr. Thomas Goddard Mr. Samuel Blaiklock Mr. Andrew Dednâ—m Mr. John Walters and Mr. Richard Pechel and which was immediately printed by Ja. and Jo. Moxon for William Larner at the signe of the Black Moor neer Bishops-gate within two or three dayes of the delivery of which I went towards my Journey to Newcastle and about five weeks after my arrivall in those parts I heard that the General and his Councel had presented their Agreement to your House which when I read the title page of it I found it to be upon the 20 of January 1648 which is compleat 35 dayes after my publishing of that which is called ours And yet in the third and fourth pages of a Declaration of the proceedings of the General in reducing the late revolted Troops appointed by his Excellâ—ncy and his Councel of VVar to be printed and published May 22 1649 and signed by their Order Richard Haâ—ter Secretary and first printed at Oxford and then re-printed at London May 23 1649. I finde these very words viz. The grounds and manner of the proceedings of these men that have so much pretended for the Liberty of the people have been as followeth There was a paper stiled the Agreement of the people framed by certain select persons and debated at a generall Councel of Officers of the Army to be tendered to the Parliament and to be by them commended over to the people of the Nation It being hoped that such an Expedient if assented unto at least by the honest part of the people that had appeared for this common Cause to which God hath so witnessed it would have tended much to settlement and the composing of our differences at leâ—sâ— have fixed honest men to such grounds of certainty as might have kept them firm and entire in opposing the common enemy and stand united to publick Interest The generall Councell of the Army and the other sorts of men going then under the name of Levellers so baptized by your selves at Putney who by their late actings have made good the same which we then judged but an imputation had as now it appears different ends and aims both in the matter and manner of their proceedings That which was intended by those men was to have somewhat â—â—dred as a test and coertion upon the people and all sorts of men and Authorities in â—he Land That which these to wit the Councell of the Army aimed at was to make an humble Representation of such things as were then likely to give satisfaction and unite and might be remitted to MENS JUDGMENTS to be owned or disowned as men were satisfied in their consciences and as it should please God to leâ— men SEE REASON for their so doing that so it might not be onely called â—â— Agreement but through the freedom of it be one INDEED and RECEIVE IT'S STAMP OF APPROBATION FROM THE PARLIAMENT TO WHOM IT WAS HUMBLY SUBMITTED HEREUPON THOSE OTHER MEN TOOK so much DISSATISFACTION that they forthwith printed and spread abroad their paper which was different from that of the Army using all possible mâ—ans to make the same to passe but with how little effect is very well known And finding by the Armie's application to the PARLIAMENT that they were likely according to their duty to STAND BY AND OWN THEM AS THE SUPREME AUTHORITY OF THE NATION they have by all means assayed to viâ—â—pend that Authority presenting them to the people in printed Libâ—ls and otherwise as worse Tyrants then any who were before them In which passage of the Generals and his Councel I shall desire to observe these things which plainly to me are in the words and if they can make it appear that I mistake their words as they are laid down I shall cry them mercy First That they give a false and untrue Narrative of the original occasion of that Agreement to which by our importunate importunity they were necessitated and drawn unto that little they did in it as a Bear to the stake as is truely by me before declared and which as the sequell shews they undertook meerly to quiet and please us like children with rattles till they had done their main work viz. either in anâ—hilating or purging the House to make it fit for their purpose and in destroyng the King unto both which they never had our consents in the least that so they might have no opposition from us but that we might be lull'd asleep in a fools paradise with thoughts of their honest intentions till all was over and then totally lay it aside as they have done as being then able to do what they pleased whether we would or no for if they ever had intended an Agreement why do they let their own lie dormant in the pretended Parliament ever since they presented it seeing it is obvious to every knowing English eye that from the day they presented it to thiâ—â—our they have had as much power over their own Parliament now sitting as any School-master in England ever had over his Boys But to them it was presented who scarce ought to meddle with it on purpose that there without any more stir about it it might be lodged for ever For alas an Agreement of the People is not proper to come from the Parliament because it comes from thence rather with a command then any thing else so that its we and not they that really and in good earnest say it ought not to do but to be voluntary Besides that which is done by one Parliament as a Parliament may be undone by the next Parliament but an Agreement of the People begun and ended amongst
his trayterous betraying their Country and so consequently all the North to the Earl of Newcastle for which c. â—e better deserved in Law equiry and reason to lose his head then either Hâ—mbleton or stout Capel did for theirs they having betrayed no trust but had the letter of the Law of England c to jâ—stifie them in what they did as â—e most palpably hath done And as for his breaking up the little Parliament his Star chamber wickednesse and his desperate Gun-powder Monopoly with his and his soâ—â— Sir Geoâ—ge Vane's late jugglings in the County of Durham I have pretty well anatomised in my book called The resolved mans resolution page 13. 14. 15. 16. 17. 18. his very having a hand in the Gunpowder Monopoly alone being sufficient long since to throw him out of your House as being uncapable to be â— Member therein as cleerly appears by your Votes and Orders of the 19. and 25 of Nov. 1640. one of which as it is printed in the foresaid Speechâ—â— and Passages pag. 329. thus followeth It is ordered upon the Question That all Projectors and Monopolizers whatsoever or that have had any share in any Monopolies or that â—â—receive or 〈…〉 receives any benefit by any Monopolies or Patent or that have procured any Warrant or Command for the restrainâ— or molesting of any that have refused 〈…〉 themselves â—â— any Proclamation or project are disabled by Order of this House to be â— Member thereof and shall be dealt with as a stranger that hath no power to sit there In the compasâ—e of which Order is â—oth Sir Henry Milâ—â—ore and Lawâ—â—â— VVhittaker and ought in justice for their noâ—orious Monopolising to be both long since thrown out of the House But again to return After I had done as much in the North as I could â—â— present do about my own businesâ—e I came again to London where I fixed up my resolution wholly to devote my self to provide for the future well-being of my wife and children and not without the extraordinariest necessity engage in any publick contests again making it my work to enquire into the true estate of things with the great men that sâ—t at the â—elm and whether the bent of their spirits now after they had taken off the King was to set the Nation free from Tyâ—anny as well as from some they called principal Tyrants and whether or no the drift of all their actions were but a meer changing of persons but not of things or tyranny it self and truly my observations and inquiries brought me in so little satisfaction in the visible intention of the ruling men for all their many solemn Ingagements to the contrary thâ— I looked cleerly at the whole tendency of their wayes to drive at a greater Tyranny then ever in the worst of the Kings Reign before the Parliament was exercised at which I bit my lip but said little and went to no meeting which made many of my old faithfull friends be jealous of me some of whom gave out some private hints that I had now served my self by my pretended Repâ—rations and I was thereby quieted and was become like all the rest of the world and so there was an end of me But I confesse I was in a kinde of deep muse with my self what to do with my self being like an old weather-beaten ship that would fain be in some harbour of ease and rest and my thoughts were very much bent of going into Holland where I conjectured I should be out of harms way and get a little repose And while I was thus musing I heard from thence of a most transcendent â—eight and rage that the Kings party there were in especially about the beheading the late King so that I judged there was no safety for me there especially when I called to minde what the Post-master of Bâ—rrow-brigs and others in York-shire told me as I came up from Newcastle which was that the Câ—â—liers in those parts were most desperate mad at me in particular about the beheading of the late King although I were as far as Newcastle when it was done and refused to give my consent to be one of his Judges although I was solicited so to be before I went out of London yea although I â—â—â—â—edly declared my self at Windsor against the manner and time of their intended dealing with him arguing there very stifly that upon their own principles which led them to look upon all legall Authority in England â—â— now broken they could be no better then murderers in taking away the Kingâ— life though never so guilty of the crimes they charged upon him for as justice ought to be done especially for bloud which they then principally charged upon him so said I and still say It ought to be 〈◊〉 justly 〈◊〉 in case another man murder me and a day a week or a yeer after my brother or friend that is no legall Magistrate execuces him therefore yet this is â—â—â—der in the eye of the Law because it was done by a hand had no Authority to do it And therefore I pressed again and again seeing themselves confess'd all legal Authority in England was broke that they would stay his tryall till a new and equal free Representative upon the Agreement of the well-assected people that had not fought against their Liberties Rights and Freedoms could be chosen and sit and then either try him thereby or else by their Judges sitting in the Court called Kings Bench. But they at Windsor ask'd me how by Law I could have him tryed I told them the Law of England expresly saith Whosoever â—â—rders or kils another shall die it doth not say excepting the King Queen or Prince c. but indefinitely whosoever murders shall â—e and therefore where none is excepted there all men are included in Law But the King is a man Ergo he is included as well as I. Unto which it was objected that it would hardly be proved that the King with his own hands kill'd a man To which I answered by the Law of England â—e that counsels or commissionates others to kill a man or men is as guilty of the fact as he or they that do it And besides the advantage of â—rying of the King by the rules of the Law would be sufficient to declare that no man is born or justly can be made lawlesse but that even Magistrates as well as people are subject to the penall part of the Law as well as the directive part And besides to try him in an extraordinary way that hath no reall footsteps nor paths in our Law would be a thing of extraordinary ill Precedent for why not twenty upon pretended extraordinary cases as wel as one and why not a thousand as wel as twenty and extraordinary cases are easily made and pretended by those that are uppermost though never so unjust in themselves And besides to try him in an extraordinary way when the Law hath provided all the essentials of justice in an
causes of it both in King and Parliament There being not one word in the Act that authoriseth the two Houses to be a constant and perpetuall Parliament which was never so much as intended nor pretended and which if in the Act it had been absolutely declared it had been a void and a null Act in it self as being both against the nature of the Kings trust and Yours which as in your Book of Decl. part 1. pag. 150. you declare is to provide for the peoples weal but not for their woe for their better being but not for their worse being For your Interest and the Kings both being Interests of Trust as your Declarations do plentifully and plainly declare 1 part Book Decl. pag. 206. 266. 267. 382. but especially your present Junto's late Declaration against the late beheaded King and Kingly Government of the 17 of March 1648. pag. 2. 11 13. 15. 16. compared with 24. 25. 27. And all Interests of trust whatsoever are for the use of others and cannot nor ought not to be imployed to their own particular nor to any other use saving that onely for which they are intended according to the condition and true intent thereof 1 part Book Dec. pag. 266. 267. 700. And your trust is onely for the good of the Nation which is the principall or onely end of all Government in the Nation as you confesse in your foresaid Declaration of March 17 pag. 6. and in 2 part Book Decl. pag. 95. 879. And therefore if you had put the King upon such an Act as the establishing of a perpetuall Parliament you had thereby destroyed frequent successive and annually chosen Parliaments for which you had been Tâ—aytors in the highest nature to your trust in destroying the very PILLARS LIFE MARROW and SOUL OF ALL THE PEOPLES LIBERTIES for the presentation of which they chose you and which would shortly bring in as is too evident â—â— this day greater disorders confusions and tyrannies then ever were in all the Kings Reign before and so wholly and fully make your selves guilty of that which he was but in part viz. the establishing of a perfect Tyranny by Law an everlasting Parliament being ten thousand times worse then no Parliament at all for no such slavery under the cope of heaven as that which is brought upon the people by pretence of Law and their own volâ—â—tary 〈◊〉 and no greater Treason can there be in the world committed then for â—â— iâ—teressed Power to keep their Commission longer then by the letter equitie or intention of their Commissions their Masters really intended they should especially when it is kept by force of Arms to the Masters hurt and the danger of his total destruction for the meer advancement of their servants and their Associates all which is the case of your pretended Parliament whereof you are now Speaker and that you were never intended to sit so long as you have done nor to be everlasting I shall here recite the Act it self â—â—â—batim the onely and alone pretence of a Commission you have and then take it in pieces by paraphrasing upon it The Act it self thus followeth Anno XVII CAROLI Regis An ACT to prevent inconveniences which may happen by the untimely Adjourning Proroguing or Dissolving of this present PARLIAMENT WHereas great Summs of money must of necessity be speedily advanced and provided for the relief of his Majestie 's Army and people in the Northern parts of this Realm and for the preventing the imminent danger this Kingdom is in and for supply of other his Majesties present and urgent occasions which cannot be so timely effected as is requisite without credit for raising the said moneys which credit cannot be obtained until such obstacles be first removed as are occasioned by fears jealousies and apprehensions of divers of his Majesties loyall Subjects that this present Parliament may be adjourned prorogued or dissolved BEFORE JUSTICE SHALL BE DULY EXECUTED UPON DELINQUENTS publick Grievances redressed a firm Peace betwixt the two Nations of England and Scotland concluded and before sufficient provision be made for the repayment of the said moneys so to be raised All which the Coâ—â—â—â—â— in this present Parliament assembled having duly considered do therefore humbly beseech your most excellent Majesty that it may be declared and enacted And be it declared and enacted by the King our Soveraigâ— Lord with the assent of the Lords and Commons in this present Parliament assembled and by the Authority of the same That this present Parliament now assembled shall not be dissolved unlesse it be by Act of Parliament to be passed for that purpose nor shall be at any time or times during the continuance thereof prâ—rogued or adjourned unlesse it be by Act of Parliament to be likewise passed for that purpose And that the House of Peers shall not at any time or times during this present Parliament be adjourned unlesse it be by themselves or by their own Order And in like manner That the House of Commons shall not at any time or times during this present Parliament be adjourned unlesse it be by themselves or by their own Order and that all and every thing or things whatsoever done or to be done for the adjournment proroguing or dissolving of this present Parliament contrary to this present Act shall be utterly void and of none effect The true intent and meaning of this Act in the Framers Makers and Contrivers of it was meerly to secure their sitting for some reasonable time that so they might be able to apply fit plasters to the great sores of the Nation and not be broken up suddenly before they had applyed them to the soâ—es and laid them on and their fear was the King would as he used to do dissolve them suddenly security from which was their onely end in procuring this Act and not in the least to make this a perpeâ—uall Parliament which I demonstrate thus First A perpetual Parliament is repugnâ—nt to the Act made this Parliament for a Triennial Parliament which in your Declarations is so highly extolled after the making of both the Acts for how can every three yeers a Parliament be begun if this be perpetuall which by the Act may be so if the two Houses please But in all the Act there is not one word of the anâ—iâ—ilating or repealing of the Act for a Tâ—iennâ—all Parliament which if it had been intended it would have mentioned and not left such a businesse of consequence in any doubtfulnesse whatsoever and the not mentioning of it is a cleer declaration to all the Readers of it That their designe solely in the last Act was onely to secure themselves from the Kings sudden and quick dissolving them at his wil and pleasure And therefore Secondly In Law according to the constitution of ouâ— Parliaments an Adjournment of the Parliament makes no Session howbeit before the Adjournment the King gives his affent to some Biâ—s as is plain out of Cookâ— 4 Instit chap. High Court
all the parts of the Act for the avoyding of the 〈…〉 absurdity that might follow received a particular interpretation is 〈…〉 â—â—â—ks in cases of far lesse inconvenience and absurdity Plo. Com. in Stowels Case fol. 369. The Preamble is to be 〈…〉 it is the key to open the meaning of the makers of the Act and mischief 〈…〉 intend to remedy The Judges of the Law have ever in such sor◠〈◊〉 the intents of the meaning of the makers of such Acts of Parliament as they 〈◊〉 â—â—pounded Acts gâ—nerall in words to be particular where the intent 〈◊〉 been 〈◊〉 Which are the words of the Book And therefore upon that rule iâ— is there adjudged That where the Statute of 7. Edw. 6. iâ— generall IF ANY RECEIVER OR MINISTER ACCOVNTANT c RECEIVE Oâ— ANY PERSON ANY SVM OF MONEY FOR PAYMENT Oâ— ANY FEES c. HE SHALL FORFEIT vis viii d. FOR EVERY PENNY That this do not extend according to the generality of the words to the Receiver of common persons because these words subsequent be added otherwise 〈◊〉 be lawfully may by former Laws and Statutes Now the Judges restrâ—ined the generality to a particular to the Kings Receiver onely for that no Law â—â—â—â—tute was formerly made concerning common persons Receivers c. But iâ— the Case in question as well the precedent clause of Restitution as the 〈…〉 expressing offences in particular and the words in the same generall sentence viz. VNDER YOUR HIGHNESSE c. and principally the cause of the 〈◊〉 of this Act do qualifie the generality of the words And yet notwithstanding â—â— was resolved by all the Court in the said case of Stradling fol. â—0◠〈…〉 Receiver of common persons were within the words of the said 〈…〉 it is said that if a man consider in what point the mischief was before the 〈◊〉 and what thing the Parliament meant to redresse by this be shall 〈…〉 intent of the Makers of the Act was to punish onely the Ministers of the King 〈◊〉 a little after the Judges say That the stile of this Act is AN ACT FOR 〈◊〉 TRUE ANSWER OF THE KINGS REVENUES And by this 〈◊〉 intent of the makers of the Act is to be collected and these be the words of the 〈◊〉 which is a far stronger case then the case in question 4 Ed. 4. fol. 4. 12. Every Statute ought to be expounded according 〈◊〉 intent of them that made it where the words thereof are doubtfull and 〈◊〉 and according to the rehearsall of the Statute and there a generall Statâ—â—◠〈◊〉 strued particularly upon consideration had of the cause of making of the Act 〈◊〉 the rehearsall of all the parts of the Act. To conclude this point with a generall Râ—le allowed by all Laws 〈◊〉 â—â—struction of Statutes viz. Although the Law speak in generall terms 〈…〉 â—o be bound up or accepted That WHERE REASON CEASâ—TH THâ—â—â— THâ— LAW CEASETH FOR SEEING REASON IS THE VERY LIFE AND SPIRIT OF THE 〈◊〉 IT SELF the Law giver is not to be esteemed to respect thâ—â— which 〈…〉 Reason although the generality of the words at the first sight or after the 〈…〉 otherwise Mark I intreat you these last words well for they are 〈◊〉 and full And much more iâ— there to this purpose for he is 〈…〉 said Statute of 1 Eliz. 1. And that this equitable and intentionall 〈◊〉 of expounding Laws in dubious eases or where absurdities or mischiefs do depend upon the taking of it in the litteral sensâ— is justifiâ—ble legall and good is unquestinably demonstrated out of your own 1 part Book Dec. pag â—50 〈◊〉 these very weeds viz. That there is in the Laws an equitable and literall sense His Majestie â—et it he granted â—â— intrusted by Law with the Militia but 't is for the good and preservation of the Republique against forraign Invasions and domestick Rebellions For it cannot be supposed that the Parliament would ever by Law intrust the Militia against themselves or the Common-wealth that intrusts them to provide for their WEALE NOT FOR THEIR WOE So 〈◊〉 when there is certain appearance or grounded suspicion that the letter of the Law shall be improved against the equity of it that is the publick good whether of the body reall or representative then the commander going against its equity gives liberty to the commanded to refuse obedience to the letter For the Law taken abstract from its originall reason and end iâ— made a shell without a kernell a shadow without a substance and a body without a soul â—t is the execution of Laws according to their equity and reason which as I may say is the spirit that giveth life to Authority the letter kils Nor need this equity be expressed in the Law being so naturally implyed and supposed in all Laws that are not meerly Imperiall from that analogie which all Bodies politick hold with the naturall whence all Government and Governours borrow a propoâ—â—ionall respect And therefore when the Militia of an Army is committed to the Generall it is not with any express condition that he shall not turn the â—outhes of his Canons against his own souldiers for that is so naturally and necessarily implyed that its needlesse to be expressed insomuch aâ— if be did attempt or command such a thing against the nature of his trust and place it did 〈◊〉 facto estate the Army in a right of disobedience except we think that obedience binds 〈◊〉 to cut their own throats or at least their companions Yea the very title of the Act in hand literally declares it was never intended to be perpetuall no nor to extend to so long a time as to be miâ—chievous to the Common-wealth by subduing the SOUL of all our Liberties frequent 〈…〉 Parliaments 〈◊〉 wholly and 〈…〉 for it is called An Actâ—o prevent inconvenientes which may happen by the 〈◊〉 adjourâ—iâ—g 〈◊〉 or dâ—ssoâ—â—ing of this present Parliament Markâ— the words well and it puts all out of dispute that thâ—â— Act was â—at meerly done to tie the Kings hands for a certain reasonable time that so it should not be dissolved uâ—timely and the Title declares it was made to avoid Inconveniences and therefore 〈◊〉 to beget and increase them which it must needs do as is already fully proved if it 〈◊〉 frequent successive 〈◊〉 Parliaments But yet once again more fuller Reason and Nature it self saiâ—â— yea and the Law of England saith That when 〈◊〉 Act of Parliament is against 〈◊〉 Right or Reason or 〈◊〉 or impossible to be performed or kept the common Law shall 〈◊〉 it and adjudge this Act to be void they are the words of the Law 1 pars Dr. Boâ—â—am's Case fol. 118. 8. Ed. 3. fol. 3. 30. 33. E. cessâ—vil 3â— 27. H. G. 〈◊〉 41 1 Eliz. Dier 313. 1 part Cooks Institutes lib. 3. chap. 11. â— 209. fol. 140. 2. An Act of Parliament that a man shall be a Judge in his own case is a void Act in Law Hubbert fol. 120.
shall mâ—ch rather wish That the Authority of this Kingdom in Parliament rightly constituted that is freely equally and successively chosen according to its orteinall intention may ever stâ—nd and â—ave its â—ourse And therâ—fore we shall apply our selves chiefly to such things â—â— by having Parliaments setled in such a right constitution nay give most hopeâ— of Justice and Rightâ—ousnesse to flow down equally to all in that its Ancient châ—â—nell without any overtures tending either to OVERTHROW that â—â—undation of Order and Government in this Kingdom or TO INGROSS THAT POWER FOR PERPETUITY INTO THE HANDS OF ANY PARTICULAR PERSONS OR PARTY WHATSOEVER And for that purpose though as we have found it doubted by many men minding sincerely the publique good but not weighing so fully the consequences of things it may and is not unlike to prove that the ending of this Parliament and the election of a New the constitution of succeeding Parliaments as to the persons Elected may prove for the worse many weyes yeâ— since neither in the present purging of this Parliament nor in the Election of a New we can promise to our selves or the Kingdom and asurance of Justice or other positive good from the bands of men but those who for present appear most righteous and most for common good having an unlimited power fixed in them duâ—ing life or pleasure in time may become corrupt or settle into parties or factions or on the otherside in case â—f new Elections those that should succeed may prove as bad or worse then the former We therefore humbly coâ—ceive that of two inconveniences the lesse being to be chosen the main thing to be intended in this case and beyond whiâ—h humane providence cannot reach as to any assurance of positive good seem to be this viz to provide that however unjust or corrupt the persons of Parliament men in present or future may prove or whatever ill they may doe to particular parties or to the whole in particular â—â—ngs during their respective termes or periods yet they shall not have the temptation of an â—â—â—imited power fixt in them during theâ—r owne pleasures whereby to perpetuate injustice or oppression upon any without end or remedy or to advance and uphold any one particular party faction or interest whatsoever to the oppression or prejudice of the Community and the enslaving of the Kingdom unto all posterity but that tâ—e people may have an equall hope or possibility if they have made an â—ll choice at one time to mend it in another and the Members of the House themselves may be in a capacity to taste subjection as well as rule and may be so inclined to consider of other mens cases as what may come to be their own Thus we speake in relation to the House of Commons as being intrusted on the Peoples behalfe for their interest in that great and supreme power of the Common wealth viz. the Legislative power with the power of finall Judgement which being in its own nature so arbitrary and in a manner unlimited unlesse in point of 〈◊〉 is most unâ—it and dangerous as â—o the peoples interest to be 〈◊〉 in the 〈…〉 the saâ—e men during life or their own pleasures Neither by the originall 〈◊〉 of this State was it of ought to continue so nor does it wherever it is 〈◊〉 continues soe render that staâ—e any better then a meeâ— tyranny or the people subjected to it any better then vassals But in all States where there is any fâ—â—â— of common freedom and particâ—larly in this State of England as it is most evidâ—â—◠〈…〉 many positive laws and ancient constant custome the people have a right to 〈…〉 successive Elections unto that great and supream trust at certain 〈…〉 time which is so essentiall and fundamentall to their freedom as it is â—â—not or not to be denied them or witheld from them and without which the House of Commons is of very little concernment to the interest of the Commons of England Yet in this we could not be understood in the least to blame 〈◊〉 worthies of both Houses whose zeale to vindicate the Liberties of this Nation did 〈◊〉 that Act for the continuance of this Parliament wherby it was secured from 〈◊〉 dissolved at the Kings pleasure as former Parliaments had been or reduced to 〈◊〉 a certainâ—y as might enable them the better to assert and vindicate the Liberties of this Nation immediately before so highly invaded and then also so 〈◊〉 â—â—dangered and those we take to be the principâ—ll ends and grounds for which 〈…〉 exigency of time and affairs it was procured and to which we acknowledge it hath happily been made use of but we cannot thinke it was by those Worthies intended or ought to be made use of to the perpetuating of thâ—â—â—â—pream trust and power into the persons of any during their owne 〈◊〉 or deb arring of the people from their right of elections totally new But it here it should be objected although the King be dead yet the Parliament 〈◊〉 altered the Government into a Common-wealth and so may if they please chaâ—â—e the Constitution of Parliaments To which I answer Fiâ—st that those company of men at Westminster that gâ—â—e Commission to the High Court of Justice to try and behead the King c. were â—o more a Parliament by Law nor a Representative of the people by the rules of Justice and Reason then such a company of men are a Parliament or Representative of the People that a company of armed Theeves chuse and set apart to try judge 〈◊〉 hang oâ— behead any man that they please or can prevail over by the power of their swords to bring before them by force of arms to have their lives taken away by preâ—â—â—ce of Justice grounded upon rules meerly flowing from their wils and swords for I would fain know any Law in England that authoriseth a company of Servants to punish oâ— correct their Masters or to give a Law unto them or to throw them at their pleasure out of their power and set themselves down in it which is the Armies case wiâ—â—â—â—e Parliament especially at THO. PRIDES late Purge which I call and will 〈◊〉 to be an absâ—lute dissolution of the very essence and being of the House of 〈◊〉 and I would fain see any Law or Reason in Writing or Print to justifie thâ—â— a 〈◊〉 upon my other aâ—â—â—unt then in hindering them from raising a new Warr and froâ— destroying he peoples Liberties by their eternall sitting seeing they keep their power â—â—â—ger by faâ— then their Masters or impowers the people intended they should and also employ it to their mischief by hindering them I mean those that had not acted agaiâ—â—â— the Liberties of the Parliament entering into a mutuall engagement to appoint 〈◊〉 whereby to chuse seeing they cannot all meet in one place themselves and iâ—power new Trustees Commissioners or Representoâ—s to make equall and just Lawes to biâ—â— all and provide for their future well-being there being
no other may justly either in Law or Reason to settle this Nation in peace and quietness but by one of these two means First either by admitting the King in again upon terms or else secondly to lay foundations of a just Government by an Agreement made amongst the generality of the people capable of it and if any man upon earth can either by Law or Reason shew me a third way that hath any more shadow of Justice in it then for William the Conqueror or the great Turk by their swords to give a Law unto this Nation I will forfeit my life But secondly I answer the main end of the peoples chusing of the Members of the House of Commons was not to come to Westminster to set up a common-wealth especiall to invest all power in themselves and with that at their pleasure rob and take away by the rules of their wills the liberties and lives of those that chuse them and be unaccountable as long as they live although they do what they please therefore I would fain see any bit or shadow of a pretended Commission to this end either in writing or â—acitly in intention nay or so much as in the thoughts of the major part of the Members themselves when they were impowered I am sure all their Declarations declare the contrary And therefore I say and will make it good against all the tyrannicall Sophisters in England in a Publique dispute before the People That the mâ—â—â— end wherefore they were sent was to treat and confer with King Charles and the House of Peers about the great affaires of the Nation c. and therefore are but a third part or a third estate of that Parliament to which they were to come and joyn with and who were legally to make permanent and binding laws to the people of the Nation and therefore having taken away two of the three Estates through a pretended necessity for a pretended good end the accomplishment of which can only justifie this act that they were chosen on purpose to joyn with to make Laws the end both in reason and Law of the Peoples trust is ceased for a Minor joyned with a Major for one and the same end cannot play Lord paramount over the Major and then doe what it please no more can the Minor of a Major viz. one estate of three legally or justly destroy two of three without their own consents or the Authority of a higher power then all given and deligated for that end intended and declared which is the People the fountain and originall of all just power which they never did in their lives and therefore the whole power of all is returned to them singly and alone but if anâ— part of it is yet inherent in any then it is in PRINCE CHARLES as Heir apparent to his Fathers Crown and Throne over whom I mean the people no persons nor power on earth can now set no change of Government whatever but what is done by their own mutuall consent by AGREEMENT AMONGST THEMSELVES but with as reall a face of Tyranny as ever was acted by any Conqueror oâ— Tyrant in the world unto which whosoever stoâ—ps and supports it is as absolute a Traytor both by Law and reason as ever was in the world if not against the King yet against the Peoples Majesty and Soveraignty the fountain of all power on earth and the present setters up of this Tyrannicall new Commonwealth considering their many Oaths Covenanâ—s Promises Declarations and Remonstâ—ances to the contrary with the highest promises and pretences of God for the People and their declared Liberties that ever was made by men are the most perjureâ— peâ—fidioâ—â— falle Faith and Trust breakers and Tyrants â—â—at ever lived in the world and ought by all rationall and honest men to be the most detested and abhorred of all men that ever breathed by how much the more under the pretence of friendship and brotherly kindness they have done all the mischief they have done in destroying our Lawâ—â— and Liberties c. Is any Treason like Judaâ— his Treason who betrayed his Lord and Master with a kisse Is any murder in the world like that of Joab coâ—â—iâ—â—ed upon Aâ—â—er and Amasa who while he kissed and embrâ—â—ed them with the highest declarations of friendly and brotherly affection stabbed them â—nder the fifâ—h Rib 2 Sam. a 29. 10. 9 10. Is any wrong or mischief done unto an ingenuous spirit so bitter to his soul as the treachery and baseness of a pretended and familiar friend No undoubtedly for against a professed enemy a man hath a fence for he will not trust him but is alwayes jealous of him but against a pretended friend he hath none for â—e lyes in his bosome from whom he feaâ—s no ill but sleeps in security in the height of which he is â—â—inâ—ted and destâ—yed which kinde of dealing was most bitter to Davids soule whâ—â—h made him say Pâ—alm 55. 12 13. 14 15. For it was not an ENEMY â—hâ—â— reprâ—aâ—hed â—re then I could have bâ—rn it neither was it he that HATED me that 〈◊〉 magnifiâ—â—â—mself against me then I would have hid my self from him But it was thâ—n 〈◊〉 mine equâ—ll MY GUIDâ— MINE ACQUAINTANCE We tâ—â—k SWEâ—T COUNâ—ELL together and walked into the house of God in COMPANY Let death seiz upon them and let them goâ— domn quick into hell for wickednâ—sse is in their dâ—â—â—ling and among them and let the pâ—esent generation of swaying men that under the pretence of good kindness and friendship have destroyed and trod under their feet all the Liberties of the Nation and will not let us have a new Parliament and set up by the Sword their own unsufferable unsupportable Tyrannicall Tyranny consider the ends of JWDAS and JOAB and they shall finde that for their treachery and blood the one Hanged himself and the other was executed in the Tabernacle of the Lord 〈◊〉 the horns of the Altar whether he fled for refuge and sanctuary 1 Kings 2. 30 31. yea also remember Cains treachery to his innocent brother Abel Gen 4. 8 10 11 12 13 14. Thirdly and lastly I answer the House of Commons sitting freely within its limitted time in all its splendor of glory without the awe of armed men never in Law nor in the intention of their chuseâ—s were not a Parliament and therefore of themselves alone have no pretence in Law to alter the constitution of Parliaments especially as to free and successive Elections totally and wholly new neither if ever it had been in the power of a true and reall House of Commons Yet this present preâ—ended One now sitting at Westminster is now a true House of Commons as the Armies ancieâ—t Declarations doe notably prove see their Book Declar pag. 125 127 134 135 13â— 139 140 141 14â— For I would fain know in Law where Col. THOMAS PRIDE was authorised to chuse the people of England a Parliament or to purge away at his pleasure by his sword
spoyling or breaking of vessels falling of the price of sope or none vending of it besides many other acâ—identall casualties yet out of the very sâ—et of his brows and the industry and labour of the very fingers ends there must Excise be paid of so much a Barrell and that which is worst of all is this my House which used to be my Castle and so it is by Law night or day must be at the Knave Excise mans pleasure to search and break open for unsealed soape when he pleaseth nay notwithstanding all this I must be had to take my oath after they will not trust me but have searched what they can at the Excisâ— Office that I have made no more but so and so and it may be I judge such an Oath altogether unlawfull and therefore cannot take it and therefore to prison without any more adoe I goe and must be fined at the will of the chief Excisers and pay a noble a day to the Serjeant at Armes besides his mans fees and if I do take my oath can forswear my self I hazard the Pillory for perjury besides the wounding of my conscience but if I be consciencious that I cannot set my conscience upon the tenter-hooks by forswearing of my self then I am destroyed in my trade by others that will undersell me by this stealing Excise and swearing soundly to the contrary too judging iâ— with Cromwell as Major Huntington in his impeachment of him declares no sinne in may be to deceive the deâ—â—iver or oppressâ—â—y and all this lyes upon us in the first year of Englands Freedom by the Conservators of the Liberties thereof who yet â—ealously and for the peoples welfare chopt of the Kings head for tyranny oppression although his â—oynes were never so heavy as their little finger is O brave unerring unsinning and everlasting none such Parliamen And therefore last of all I had thoughts towards Winter to buy of my Unkle at Sâ—â—derland to lay up some coals at my habitation in Winchester-house to fell in January and February and in the meaâ—â—ime to lay out my mony in some adventure for Holland and there I met with these difficulties First although I was as wary as any man in England could be to see that Master Devenish title to the house was good in Law and so I might justly and quietly expect the injoyment of my bargaine from him And thereby I see First his deeds and the Parliaments Ordinances thereupon and Secondly I went and spoke with Master Iohn Cook the Lawyer who drew up the conveyances betwixt Master Devenish and Master Young of whom Master Devenish for his life bought all Winchester House in Southwaâ—k by all which but especially from Mâ—ster Cooks owne mouth I cleerly and evidently found Master Levenish had as good a right in all Winchester house for Master Youngs life both by Law and Ordinance as its possible for any man in England to have to the cloaths he wears or any thing else that he possesseth although he takes the advice of twenty Lawyers in the buying and purchasing of them which incouraged me to strike a bargaine with him for three years for as much of the House as I am to pay annually almost 20l. and yet since a Committee of Members with the Trustees of Bishops Lands will needs turne me and the honest man by force of Armes out of his Legall possession without any valuable consideration or rendring at the least any reason wherefore but only their Soveraigne wills and pleasures O BRAVE PARLIAMENT JUSTICE without all doubt this is the liberty of the people and the Law of the Land that we have been contesting and fighting for these seven yeers together or at least as much as they intend now they have conquered us with our own mony and our own hands we shall possesse and enjoy this unrighteous molestation which with their illegall imprisoning of me hath spoyled a coal-Merchant of me for the present And in the second place as my adventuring to Holland when I came to inquire after the nature of that I found these difficulties therin First A strict Monâ—poly that none whatsoever shall ship any white cloth for that place but the Monopolisers themselves and Secondly a general monopoly upon woollen commodities whatsoever that unlesse you do as good as tell a lye I found merchants still continued to be the chief customers who it â—seems have a trick to steal whole ship loads of custome for their own use by meanâ— of which they undersell any other merchant yea and thereby break the backs of new beginners for being at my first inquiring thereinto with Master William Kiffin my quondam servant though now my profâ—st and blood thirsty enemy he told me a little before he was one day at the Custome-house and the chief men there had catcht a poor man that had stolne some custome for which they were about fining and punishing him why Master faith he to one of them in Kiffins hearing as he averred to me will you be so angry with me and so harsh to punish me for a small â—oy when I am but your own scholler for I am sure it s but the other day finâ—e by your own directions I helpâ— you to steal in a manner a whole ship load of uncustomed goodâ— and you being so well pleased with that my thinks you should not be so angry with me for stealing a little custome for my self But then Fourthly The Prince was Master of the Sea then so that I durst not venture it in a English bottom some of which had laid in the Thames divers weeks loaded and duâ—st not stirre out for want of convoy which they had fought much for then to the Parliament but could get none and to ship it in a Dutbh bottom it did not only give the traid of shipping to the Dutch and so destaoy our English Maâ—iners but also by law to ship it in Duâ—th bottom it is consiscated or at least must pay the custome of Aliens or strangers as appeares by the statutes of 5 R 2. ch 3 6 K 2 cha 8. 4 H. 7 â—b 10. 5. 6. E. 6 cha 18. 1 H. 13. But having bought some cloth and stuffs I was necessitated to run the hazard of â—hipping them in Dutch bottom but English woollen commoditie being so great a drug in Holland as they are by reafon of the merchant monopolisers alias merchaâ—t adventurers that ingrosse the trade to themselves and buy their cloth here at what rates they please and sell it in Holland as dear a list and so care not how little they vend so they get mony enough by that they sell and disable all others from trayding by meanes of which the poor people here that depend upon cloth-making wanting work are necessitated to leave the land of their nativity and goe to Holland to make cloth for the dutchmen to get bread to keep them alive whereby they have almost got the English cloth making traid
severall Aâ—pliâ—â—tions to some of their Judges and some Parliament men for them and particularly with Colonel Temple Governour of the Fort near Graves End and delâ— with him upon their own Principals as the most probablest to doe the Prisoners good and to save their lives which I confestâ— I much laboured for and my Discourse with him 〈◊〉 to this â—ffect at the House doore Sir I beseech you let me aâ—k you one question What 's that saith he It is whether you think youâ— House intend in good earnest to â—ake away the lives of the Lord Capel c or whether they have only caused them to be condemned in terrorum without all controversie said he they intend to take away their lives and it is but just they should and doe not you believe so No indeed Sir doe I not and â—â— you please I will give you some part of my Reasons therefore I pray let me have them Well then Sir said I to say nothing of the Jurisdiction of the Court by which they were tryed which is very questionable to me noâ— of the power of a Parliament to erect such a one nor yet of the questionablenesse of the legality of your single House nor of the clearnesse of the letter of thâ— Law oâ— their sides which now the King being gâ—ne might put you oâ—â— of feare of the future power of these men and make you now 〈◊〉 at your mercy and you out of fear of present hurt by them seriouslâ— to weâ—gâ— the Quaâ—â—ell betwixâ— you and theâ— in an equall and just balance which if you do I am sure you will 〈◊〉 it very dispâ—â—eable in Law and something in Reason too considering many of youâ— late actions especially if you consider youâ— ever avowedly nor throughly stated your Cause but begun it upon Commissions for King and Parliament force â—â— people to take the Oath of Allegiance and Supremacy Protestation and two Covenants â—â— all which you force the people to swear to maintain the Kings Person Crown and Greatnesse and this 〈◊〉 the Wars begun letting all Writs and Processe of Law 〈◊〉 in his Name and thereby your selves mâ—ke him as it were Alpha and Omega to the pâ—ople yea and in severall of your Declarations fince the quarrell you call him the fountain of Honour and averr he can do no wrong See 1 part Book Decl. pag. 199. 304. All which doings of yours are enough to make men siâ—â— with the King especially those that have great Estates if it be for nothing but safetie's sâ—ke alone But I will laâ— all these aside and argue with you more closely upon principles that you cannot dispute against 1. And therefore in the first place The Law of England pâ—â—lished by your selves saith expreslâ— No man of England in things concerning lifâ— shall be judged twâ—â—â— for one fact but if once judiciallâ— tryed and acquitted he never more by Law can be questioned again for that crime though indeed and in truth he be never so guilty of it and though it be never so criminous in it self otherwise there would never be end nor safety And for the proof thereof I then â—ired â— YERS Case at the Sessions of the Peace holden at Norwich in the 32 yeer of Qâ—een Elizabeth and the Judgeâ— opinions thereupon which is notably recorded in Cooks 3 put Institutes chap. 104. of falsifying of Attainders fol. 230. And my own Case at Oxford which was to this effect Being at the Fight at Brainford which was upon the 12 of Novemb. 1642 taken prisoner in Arms against the King and his party I was carried captive to Oxford Castle where not long after my arrivall the Lord Dunsmore the Lord Matrevers the Lord Newark and the Lord Aâ—dâ—ver came to the Castle to me from the King as they said and proffered me from himself great matters so I would crave his â—â—don for the treason I had committed against him in being in arms against him and foâ—sake the traiterous Parliament and return to my obedience as they called it to the King but being then as able in my own thoughts as any private man in England to argue the equiâ—â— and Justice of the Parliaments Cause I was then knowingly ingaged in by the hopes of the performance of their many gallant promises to make people of England free and happy their then only declared aâ—m and end â—nd in whose quarrell I would then have laid down a thousand lives if I had had them and for the greatest part of an hour together by dinâ— of Argument grounded upon Law and Reason scâ—â—ning and 〈◊〉 all 〈…〉 of Honour Riches and Greatnesse I â—eld them in play so hoâ—ly that they â—â—ll 〈…〉 with me and gave up their disputing buâ—â—lers tâ—â—eatning to hang me 〈◊〉 for a grand Traitor without any more adoe At which I laughed and desired their 〈◊〉 to tell me which way they would go to work to take away my life now they had given me quarter Well say they We have two strings to our bow And in the first place we will arraigne you for a Traytor for being the chief or Generall of the Preutiâ—â—t that câ—â—e dâ—â—â— to Westminster and White Hall and forced the House of Pâ—ers and drove away the King from his Parliament and so begun the Warrs Unto which I replyed Alâ—sse my Lords you will be far mistaken there And I cannot but wonder that your Lordships should so undervalue your own Honours and Reputations as so much as once now to mention this Why Sirrah said one of them Why my Lord Because your Lordships may remember that the 3 of May 1641. the King caused Warrants to issue out to apprehend me as a Traytor for this very thing and others depending upon it and as a traytor I was apprehended by his Messengers one of which that night kept me prisoner as a Traitor and the next morning I being 4 of May 1641 as a Traytor I was brought by him to White Hall where aâ— I remember old Sir Henry Vane and Mr. Nicholas were appointed by the King himself to carry my Impeachment to the House of Peers at whose Bâ—r I that day appeared not then understanding their Jurisdiction and was there that day in your way arraigned for my life and one Littleton the Lord Keepers Kinsman swore most biâ—terly against me but upon further examination of witnesses and hearing with patieâ—â—â— my own Defence for my self I was by your whoâ—e House who lookâ—d upon themâ—elves as the highest Judicatory in England honourably and nobly 〈◊〉 a◠〈◊〉 â—â—nocent and fâ—â—e of the Kings accusation of which my Lords said I then let me plainly tell yâ—u if I were guilty you were a company of â—â—righteous and unjust Judges for freeing me from that Accusation but my Lords being judicially tryed therefore and acquitted by your selves who if my memory fail me not I â—aw all at that Tryall and by your whole House then extraordinary 〈◊〉 as ever I saw iâ— who judge your selves the highest Judicature in England
the Kings Bench-Bar to try me for my life unto whom if I stooped I was sure to be gone being already prejudged Again I shall also acquaint you with the severall Discourses Mr. Hollanâ—â— Mr. Hunt c. had with me about these Businesses and the large proffers I had from them yes and from Mr. Alexander Rigby as the mouth of Sir Henry Mild may the 〈◊〉 Agent who had Commission as he said to proffer â—â—e and my Comrades â—â—ge places and preforments so we would sit still and let the Grandces goe on with their work Which I with detestation refused at the house doore the very FORENOON I was adjudged a Treytor and thereupon the same day in the Afternoon the Votes of Treason past against me c. and my Second part of Englands New-chairs discovered And seeing the Businesse of Scroâ—â—'s men is wrongfully father'd upon me who never will incite Souldiers nor others to declare upon any thing else but our printed Agreement of the 1. May 1649. and that when they do draw their Swords against their General c. they shall throw away their Scabbards and rather fight with him then treat with him without either resolving to give or take Quarter yet I say seeing this is put upon my scoâ—e I hope I shall evidently make it appear comparatie comparaâ—â—â— That I am able to give 99 in the handred to any Champion the Generall hath in England and from Scripture Law Reason and their own Declarations to make their action appear more just 〈◊〉 the Generals severall Rebellions against the Parliament his Creators and extraordinary good Benefactors or his Rebellion and the Parliaments against the King in the love Warrs And lastly I shall shew the falseness and malignity of the late DISCOVERERS designe of fathering upon me c. all the erronicus tenents of the poor Diggers at George hill in Suâ—rey laid down in their late two avowed Books called The true Lâ—vellors Standard and The new law of Righteousnesse to which they have have annexed their names The Râ—adâ—râ— taking notice of which alone may be an answer to all that abominable lying late Book called The DISCOVERER And so Mr. SPEAKER thanking you for some late kindnesses in your House I received from you I take leave to subscribe my self An honest and true bred free Englishman that neveâ—â— in his life feared a Tyrant nor loved an Oppressor JOHN LILBURN From my close unjust and causelesse Captivity without allowance the legall right of all men in my case in the Tower of London this 8. of June 1649. The first yeer of England's declared Freedom by the lying and false pretended Conservators thereof that never intended it FINIS * 1 Part. Book Dec. pag. 172 195 214 281 342 464 494 497 498 663 666 673 750. * Was this wicked and illegall in the King and can your denying my wife as in my present imprisonment you have don so much as to see me or speak with me or bring me food to preserve me alive be legall just and righteous in you Let God and all righteous men judge betwixt you and â—â— in this particular †As particularly that old guilty Traytor Sir Henry Vane who was one of the principall men that passed that bloody murdering Sentence in the Star chamber against me in the yeer 1637 and whose power by his crafty Machiavel Sons interest young Sir Henry kept me above eight yeers together in suit in the House of Commons that I could not get one dram of Justice or reparation against my Star-chamber Judges although the purfuing of that Suit one way and other cast me above a thousand pound Yet at lest when I got aâ— Ordinance for 3000 li. for reparation me from those that did me wrong but from the Common-wealth's Sequestrations yet in the passing of that Ordinance steps up John Blackston in the House one of Vane's creatures for the many thousand pounds sake of the Common-wealths money he hath helps him to and he gets all confideration of interest for the forbearance of the money cut off so that it would be many yeers before the whole sum abhorted would come in onely there was a thousand or fifteen hundred pounds worth of wood feld of Sir Henry Gibs in Brandsborth Park which Sir Henry Vane by his pounds in the Knights absence and mine both gets an Order to possesse although he hath no right unto it so that my 3000 l. will be well nigh this ten yeers before the annuall rent of the Lands allotted will bring it in which will scarce be Use for the Principall Of all which usage when I come out of the North to the Citie immediately after the execution of the King â— compâ—â—ined to Sir Arthur Hasterig then my familiar friend and begg'd of him to deliver a Message for me to Lieut. Gen. Cromwel in which I acquinted him step by step how old 〈◊〉 Henry Vane had without cause for this twelve yeers together sought my bloud and had got a good part of it and I knew that Litus Gen. Cromwel had by his son's similiarity with him been of late the staffe and stay of the old Traytor and therefore I desired him to tell him I thought 〈◊〉 had been out-folling enough betwixt Cromwel and me already occasioned by himself but for my part I desire to have no more jarring betwixt us and therefore did earnestly intreat him to let old Henry Vane and me alone instand or sallâ—y our selves For seeing he would never give over the pursuing of my lifes I must be forced to have much to his for I told Sir Arthur I was resolved either to impeach him or indict him for a Traitor in betraying all the North of England to the Earl of Newcastle and sending his Magazine of Arms to him to Newcastle from Raby Castle assuring him moreover that if L. G. Cromwel would yet protect him for all his greatnesse â— would try another fall with him cast iâ— what it would but as if it were the highest treason in the world for any 〈◊〉 in England but he that is a Parliament man to say that blacks the eye of any man in that House old Sir Henry and young Sir Henry Vane are both endeavoured by King Nol to be brought in againe to the House having been formerly excluded for three quarter Cavaleers and to be 〈◊〉 Members of the New Councell of State and King Nol by his Beagles at the Counsel of War 〈…〉 Vote to passe to desire him to get a saw made by the House to authorize that bloudy and 〈◊〉 Councell to hang poor peal-garlick or any other that they should judge worthy of 〈◊〉 so that here was a fine morse-trap for old and young Vane to catch poor John in not obtained 〈◊〉 doubt of the greatest engagement in the World to be King Nols Slaves Vassals to ingage with him and drive on any interest be would have them for his so seasonable help of them at this 〈◊〉 great time oâ— need against furious Iohn as they call him who in Feb. last offered a 〈◊〉 of Parliament where S. Arthur then sate Chairman upon his life upon the Authority of that own Ordinances to prove old Sir Henry his son Sir George Vane both Traytors to â—â—y them to transport their souldiers for Ireland out of their states their trayterous Confederates in the County of Durham 50000l and earnestly begd of S. Arthur the Committee to 〈◊〉 the House herewith but the next news I hear King Olivers paws was laid upon poor Iohn◠〈◊〉 he and his Cozen Prince Arthur come to burn their fingers before they and John hath 〈…〉 Oliver thanke himself and leave Trayterous old Sir Henry Vane and his wicked sons to 〈…〉 their own legs without the help of his Crutches the next time