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A88244 Regall tyrannie discovered: or, A discourse, shewing that all lawfull (approbational) instituted power by God amongst men, is by common agreement, and mutual consent. Which power (in the hands of whomsoever) ought alwayes to be exercised for the good, benefit, and welfare of the trusters, and never ought other wise to be administered: ... In which is also punctually declared, the tyrannie of the kings of England, from the dayes of William the invader and robber, and tyrant, alias the Conqueror, to this present King Charles, ... Out of which is drawn a discourse, occasioned by the tyrannie and injustice inflicted by the Lords, upon that stout-faithful-lover of his country, and constant sufferer for the liberties thereof, Lieut. Col. John Lilburn, now prisoner in the Tower. In which these 4. following positions are punctually handled ... Vnto which is annexed a little touch, upon some palbable miscarriages, of some rotten members of the House of Commons: which house, is the absolute sole lawmaking, and law-binding interest of England. Lilburne, John, 1614?-1657. 1647 (1647) Wing L2172; Thomason E370_12; ESTC R201291 90,580 119

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Knaves Fooles Tyrants or Monopolizers or unjust wretched persons that must of necessity have their Prerogative to rule over all their wickednesses Secondly Observe from hence from what a pure Fountain our inslaving Lawes Judges and Practises in Westminster Hall had their originall namely from the will of a Conqueror and Tyrant for I find no mention in History of such Iudges Westminster Hall Courts and such French u●godly proceedings as these untill his dayes the burthen of which in many particulars to this day lies upon us But in the 21. of this Tyrants reigne After that the captivated Natives had made many struglings for their liberties and he having alwayes suppressed them and made himself absolute He began saith Daniel fol. 43. to govern all by the customes of Normandy whereupon the agrieved Lords and sad People of England tender their humble Petition beseeching him in regard of his Oath made at his Coronation and by the soule of St. Edward from whom he had the Crown and Kingdome under whose Lawes they were born and bred that he would not adde that misery to deliver them up to be judged by a strange Law wh●●h they underst●●d no● A●d saith he so earnestly they w●ought that he was pleased to confirme that by his Charter which he had twice ●ore-prom●●d by ●is Oath And gave commandment unto his I●stitiaries to see those Lawes of St. Edward to be invi●lably observed th●ough u● the Kingdome And yet notwithstanding this co●firmatio● 〈◊〉 the C●●r●ers afterward granted by Henry the secon● ●nd King Iohn to the same effect There followed a great Innovation b●th in Lawes and Government in England so that this seemes rather to h●ve b●en done to acquit the people with a shew of the confi●mation of their antient Customes and liberties then that they enjoyed them inessect For whereas before those Lawes they had were written in their tongue i●telligible unto all Now they are tra●slated into Latine and French And whereas the Causes of the Kingdome were before determined in every Shire And by a Law of King Edward s●nior all matters in question should upon speciall penalty w●tk●ut ●urther deferment be finally decided in their Gemote or Conventions held monethly in every Hundred A MOST GALLAN● LAW But he ●et up his ●udges four times a yeare where he thought good to he●● their Causes Again before his Conquest the inheritances descended not alone but after the Germane manner equally divided to all the children which he also altered And after this King alias Tyrant had a cruell and troublesome raign his own Son Robert rebelling against him yea saith Speed fol. 430. all things degenerated so in his cruell dayes that t●me and domestick● fowles as Hens Geese Peacocks and the like fled into the Forrests and Woods and became very wild in imitation of men But when he was dead his Favourites would not spend their pains to bury him and scarce could there be a grave procured to lay him in See Speed fol. 434. and Daniel fol. 50. and Martin fol. 8. WILLIAM THE SECOND to cheat and cosen his eldest brother Robert of the Crown granted relaxation of tribute with other releevements of their dolencies and restored them to the former freedome of hunting in all his Woods and Forrests Daniel fol. 53. And this was all worth the mentioning which they got in his dayes And then comes his brother Henry the first to the Crown and he also stepping in before Robert the eldest brother and the first actions of his government tended all to bate the people and suger their subjection as his Predecessour upon the like imposition had done but with more moderation and advisednesse for he not only pleaseth them in their releevement but in their passion by punishing the chiefe Ministers of their exactions and expelling from his Courtall dissolute persons and eased the people of their Impositions and restored them to their lights in in the night c. but having got his ends effected just tyrant-like he stands upon his Prerogative that is his will and lust but being full of turmoiles as all such men are his Son the young Prince the only hope of all the Norman race was at Sea with many more great ones drowned after which he is said never to have been seen to laugh and having besides this great losse many troubles abroad and being desirous to settle the Kingdome upon his daughter Maud the Empresse then the wife of Coffery Plantaginet in the 15. year of his reign he begins to call a Parliament being the first after the Conquest for that saith Dan. fol. 66. he would not wrest any thing by an imperiall power from the Kingdome which might breed Ulcers of dangerous nature he took a course to obtain their free consents to observe his occasion in their generall Assemblies of the three Estates of the Land which he convocated at Salisbury and yet notwithstanding by his prerogative resumed the liberty of hunting in his Forrests which took up much faire ground in England and he laid great penalties upon those that should kill his Deere But in this Henry the first ended the Norman race till Henry the second For although Henry the first had in Parliament caused the Lords of this Land to swear to his Daughter Maud and her Heires to acknowledge them as the right Inheritors of the Crown Yet the State elected and invested in the Crown of England within 30. dayes aftter the death of Henry Stephen Earle of Bolloign and Montague Son of Stephen Earl of Blois having no title at all to the Crown but by meer election was advanced to it The Choosers being induced to make choice of him having an opinion that by preferring one whose title was least it would make his obligation the more to them and so they might stand better secured of their liberties then under such a one as might presume of a hereditary succession And being crowned and in possession of his Kingdome hee assembleth a Parliament at Oxford wherein hee restored to the Clergie all their former liberties and freed the Laity from their tributes exactions or whatsoever grievances oppressed them confirming the same by his Charter which faithfully to observe hee took a publike Oath before all the Assembly where likewise the BBs swore fealty to him but with this condition saith Daniel folio 69. SO LONG AS HE OBSERVED THE TENOVR OF THIS CHARTER And Speed in his Chronicle fol. 468. saith that the Lay-Barons made use also of this polici● which I say is justice and honesty as appeareth by Robert Earl of Glocester who swore to be true Liege-man to the King AS LONG AS THE KING WOVLD PRESERVE TO HIM HIS DIGNITIES AND KEEPE ALL COVENANTS But little quiet the Kingdome had for rebellions and troubles dayly arose by the friends of Maud the Empresse who came into England and his Associates pitching a field with him where he fought most stoutly but being there taken hee was sent prisoner to Bristell And after this Victory thus
vertue of their being the Sons of prerogative Lords Earles Dukes or Barrons Now if you please to reade the Chronicles of this Kingdome you shall find that this thing called prerogative flowes meerly from the wills and pleasures of Robbers Rogues and The●ves by vertue of which they made Dukes Earles Barrons and Lords of their fellow Robbers Rog●es and Theeves the lineall issue and progeny of which the present House of Peers are having no better right nor title to their present pretended judicature then meer and absolute usurpation and the will and pleasures of the potent and enslaving Tyrants alias Kings of this Kingdome for I read in Speeds Chronicle pag. 413. 416. 417. and in Daniel pag. 27. 28. That the Normans in France came antiently of a mixt people from the Norwegians Swedens Danes practising practises upon the Coasts of Belgia Frizia England Ireland and France and proceeded in their hardy and wicked courses even to the Mediterranean Sea● which drove the French to such extremity that King Charles the bald was forced to give unto Hasting a Norman Arch-Pirate the Earldome of Charters to aslwage his fury exercised upon his people and also King Charles the Grosse granted unto Godfrey the Norman part of Newstria with his Daughter in Mariage yet all this sufficed not but that the Normans by force of Armes seated themselves neere unto the mouth of S●in taking all for their own that lay comprised betwixt that River and the River Loyre which Country afterwards took the name of Normandy from those Northern guests at which time King Charles the simple confirmed it unto Rollo their Captaine and gave unto him his Daughter Gilla in Mariage which Rollo with divers misdoers and outlawed men were forced to flye out of their own Country which Rollo of the Danishrace was the first Duke of Normandy whose Son William was the second Duke of Normandy and Richard his Sonne was the third Duke of that Country And his Sonne Richard the second was the fourth Duke thereof And Richard the third his Sonne was the fifth Duke of Normandy And Robert his brother and Sonne to Richard the second was ●he sixth Duke of Normandy who was Father to our William the Conqueror who was the seventh Duke of Normandy whom Duke Robert begat of one Arle● or Arlet●ce a whore and a mean woman of Phalisi● in Normandy who was the Daughter of a Skinner being resolved to go visite the holy Sepulcher having no more Sonnes but William his bastard he calles his Nobility together and tells them In case I dy in my journey as he did I have a little Bastard of whose worthinesse I have great hope and I doubt not but he is of my begetting him will I invest in my Dutchie as mine heire and from thenceforth I pray you take him for your Lord which they did And this Bastard in his youth having many sharp bouts and bickerings with Roger de Tresny and William Earle of Arques brother to Duke Robert and Sonne to Richard the second c. who lay claime to the Dutchie as right and true heires to it but William the Bastard being too hard for them all and by these wars grew to great experience in fea●es of Armes which with his marying of Matild the Daughter of Baldw●n the fifth Earle of Flanders a man of great might and power provoked the French King to fall upon him to abate his greatnesse and curbe his pride but bastard William twice defeating two powerfull Armies of the King● with great overthrowes broke the heart of the King of France which gave the bastard Duke of Normondy joyfull peace in which calme the King makes a journey over into England to visite King Edward the Confessor his kinsman who had had his breeding in Normandy by Duke Richard the second the bastards Grandfather And after his returne back againe St. Edward the King of England dyeth Whereupon William the bastard busieth his thoughts how to obtaine the Crowne and Scepter of England unto which he makes certaine pretended claimes as being granted unto him by King Edward which was but a weake pretence as King Harold in his answer to him informes him Speed 404. telling him that Edward himselfe coming in by election and not by any title of inheritance his promise was of novalidity for how could he give that wherein he was not interessed And though William the bastard urgeth to Harol his Oath given him i● Normandy yet he answered his Embassadour that his Masters demand was unjust for that an Oath extorted in time of extremity cannot binde the maker in Conscience to performe i● for that were to joyne one sin to another and that this O●th was taken for ●eare of death and imprisonment the Duke himselfe well knew but said he admit it was voluntary and without feare could I then a Subject without the allowance of the ●ing and the whole State give away the Crownes Success●● to the prejudice of both Speed fol. 403. 404. But although the bastard Duke had no better claime but this which was worth just nothing at all Reade before pag. 20. 21. 24. 27. 28 3● 60. 61. Yet notwithstanding William the bastard p●rleveres in his proud wicked and bloody intentions and calses an Assembly of the States of Normandy together and with importunate solicitations solicits them to supply him with money the very sinews of war to carry on his intended invasion of England but they unanimously refuse and decline it At length seeing this prottaction and difficulty in general he deals with his deerest and most trusty friends in particular being such as he knew affected the glory of action and would adventure their whole estates with him As William Fitz-Auber Count de Bretteville Gualtaer Gifford Earle Longueville Roger de Beaumont with others especially his own brothers by the mother whom he had made great as Odo Bishop of Baynox and Robert Earle of Mortaign and unto these he shewed his pretended right and hope of England wherein prefe●ment lay even to the meanest amongst them onely money was the want which they might spare neither should that be given nor lent without a plentiful increase With such faire words he drew them so on that they strove who should give most And by this policie he gathered such a masse of money as was sufficient to defray the warre And not onely wan he the people of his own Provinces to undertake this action but drew by his faire perswasions and large promises most of the greatest Princes and Nobles of France to adventure their persons and much of their estates with him as Robert Fitz-Harrays Duke of Orleance the Earles of Brittaigne Ponthieu Botogne Poictcu Maine Nevers Hi●fins Aumal le Signieur de Tours and even his mortall enemy Martel Earle of Anjou became to be as forward as any Besides to amuze the Court of France and dazzle a young Prince then King he promised faithfully if he conquered this Kingdome to hold it of him as he did
the Dutely of Normandy and doe him homage for the same And then to make all sure with Pope Alexander whose thu●der-bolts of Excommunication were then of extraordinary dread and terror he promised him to hold it of the Apostolick See if hee prevailed in his enterprize Whereupon the Pope sent him a Banner of the Church with an Agnus of gold and one of the hai●es of St. Peter which was no small cause of prevailing the ●ase Clergy being then at the Popes beck and more minding their own particular self-interest then the welfare of their own native Countrey or the lives liberties estates of their brethren according to the slesh thereupon were the principall instrumentall cause that William the Bastard commonly called William the Conqueror had so easie an entrance to the possession of this kingdome Speed fol. 403 404. 405. 406. 413. 417. Daniel fol. 28 29 35 36. By means of which the Clergy beeraied their native Countrey to Robbers and Pirats and left the poore Commons to the mercilesse fury of mercilesse men And I wish they doe not now again the same with poore England now in her great distraction● for their interest is visible not to be the publickes but their pride covetousnesse and greatnesse Therefore O yee Commons of England beware of them and take heed you trust them not too much lest you be so deluded by them to your ruine and destruction And when William by their means principally as Daniel saith fo 36. had got possession of the Kingdom as you may partly before read p. 14 15 16 17 how extraordinary tyrannically he dealt with the poor natives and inhabitants By changing their laws and robbing them of their goods and lands at his will and pleasure and gave them away to his Norman Robbers And the poor Englishmen having all their livelihoods taken from them became slaves and vassals unto those Lords to whom the possessions were given And if by their diligence afterwards they could attain any portion of ground they held it but onely so long as it pleased their Lords without having any estates for themselves or their children and were oftentimes violently cast out upon any small displeasure contrary to all right Daniel fo 47. Speed 421 423 425. Insomuch that in those days it was a shame even among Englishmen to be an Englishman Speed fol. 422. 429. By means of all which he bestowd great rewards upō all those great men that came along with him and made them by h●s will the great men of England to help him to hold the people in subjection bondage and slavery for he made William Fitz-Auber the Norman the principall man under him to help for his designe Earle of Hartford who singly of himselfe took upon him meerly by the power of his own will to make Lawes in his own Earldome And unto Allayn another of his Comrades or trusty and well-beloved Consins he gave all the lands of Earle Edwin where on he built a Castle and whereof he made the Earldome of Richmond And unto William of Warren another of his Norman Robbers Marder ers he gave the Earldome of Surrey Speed fol. 437. And unto Walter Bishop of Durham another of his Comrades he sold the Earldome of Northumber land who there by the law of his owne will maintained Murderers and Rogues and there was murdered himselfe And unto his Brothers who came of his mother Arlet the Whore who after William the Bastard was borne was married to Harlain a Norman a Gentleman but of mean substance Odo and Robert he gave the Earldome of Ewe and Mortaigne Speed 417. Daniel 32. And afterwards Odo Earle of Kent and after that in his absence Vice-Roy of England And how this Beggar now set on Horse-back governed this poore distressed kingdome let the Conquerors own speech declare recorded by Speed fol. 431. At the time when William came out of Normandy found his brother Odo a Bishop as well as an Earle at the Isle of Wight with divers Noble men and Knights his attendants then going to Rome with an expectation there to be Pope being grown extraordinary rich with his polling of this poore Kingdome Vpon which the King in presence of his Nobles thus spake Excellent Peeres I beseech you hearken to my words and give me your counsell At my sailing into Normandy I lest England to the government of ODO MY BROTHER who a little further in his speech hee saith hath greatly oppressed England spoyling the Churches of land and rents hath made them naked of Ornaments given by our predecessors and hath seduced my Knights with purpose to train them over the Alps who ought to defend the land against the Nations of Scots Danes Irish and other enemies over-strong for me And a little below that my brother saith he to whom I committed the whole kingdom violently plucketh away their goods cruelly grindeth the poore and with a vain hope stealeth away my Knights from me and by oppression hath exasperated the whole land with unjust taxations Consider therefore most NOBLE LORDS and give mee I pray you your advice what is herein to be done And in conclusion the King adjudged him to prison yet not as a Bishop who then it seemes had large exemptions but as an Earl subject to the lawes and censure of his King Which accordingly saith Speed was done upon seizure of estate this Prelate was whose found so well lined in purse that his ●eaps of yellow mettle did moveadmiration to the beholders So that here you have the true story of the subversion of the ancient manner of Parliaments the ancient Lawes and Liberties of Government of this Kingdome and a Law innovated and introduced flowing meerly frō the will of a Bastard Thief Robber tirant You have here also a true Declaration of the original rise of the pretended legislative power of Earles Lords and Barons the Peers Competitors and trusty and wel-beloved Cousins and Hereditary Counsellors of our Kings which was meerly and only from the wills and pleasures of this cruell and bloudy Tyrant and his Successors And no better claime have our present house of Peers either for their legislative power or judicative power then this as is cleerly manifest by their own fore-mentioned Declaration cited pag. 45. and therefore say I are no legall Judicature at all nor have no true legislative or law-making power at all in them having never in the least derived it from the people the true legislaters and fountain of power from whom only and alone must be fetched all derivative power that either will or can be esteemed just And therfore the Lords challenging all the power they have by their bloud and deriving it from no other fountain but the Kings Letters-Pattents flowing meerly from his will pleasure I groundedly conclude they have thereby no judicative power no nor legislative power at all in them for the King cannot give more to them then he himself hath and he hath neither of these powers viz. a
as formerly they have done Read the fore-mentioned Discourse of John Vowel printed in Hollinsheds Chronicles of Ireland pag. 123 Sir Edward Cookes 4. part Institutes chap. 1. pag. 2. and the fore-mentioned book called Vox Plebis pag. 39 40. Yea though conditionally they might sit as Peers yet they ought not to do it for this were for the Peoples Trustees the House of Commons to give away their true and legislative power which originally is only inhe●ent in them THE PEOPLE which is the next and the last thing I should prove But in regard the Discourse is swolne so big already and the present time being the season for publishing what I have already said which were impossible to come out this Moneth or sixe Weekes if I should throughly handle this Proposition as by Gods assistance I intend which will take up a Discourse almost half as big as the fore-going For first I must shew and prove That the people in generall are the originall sole legislaters and the true fountain and earthly will spring of all just power And Secondly That all the power which the house of Commons hath is mee●ly derivative and bounded within this tacit Commission to act only for the good of thosothat betrusted them and not for their mischiefe in the least And here I shall propound some Queries Whether or not they have not done and acted some things prejudiciall and mischievous so the generality of the Kingdome and destructive to the fund ment all Lawes and Liberties thereof Which in the affirmative I shall answer Yea and prove it in divers particulars our of their own late published large book being the second part of the Collection of Ordinances Declar. c. where I finde three Ordinances viz. That for the Merchant-Adventurers pag. 361. That for the Turkie-Merchants pag. 439. Thirdly That for the Greenland Merchants pag. 646. Of all three of which I say as Sir Edward Cooke in the second part of his Institutes fol. 51. And the fourth part Institutes fol. 41. saith of the Statute of the 11. of Henry 7. chap. 3. for executing of which Justice Dudley and Empson lost their lives that they are made in the fac● of the ancient and fundamentall Law of the 29. and 30. chapters of Magna Charta c. And that they are unjust and injurious Ordinances which in duty they are bound to abrogate and to punish the procurers of them in regard those very Ordinances if continued will ●ender the Parliament the Commissioners of the people and the great interest of their preservation odious abominable and 〈◊〉 ble in their eyes and do them more mischiefe then an Army of twenty thousand Cavaliers for such palpable injustice as in these very Ordinances is done to the whole Kingdome will in time destroy the Parliament though now they had never a professed enemy in the world and true friends to their professed enemy the King they are who put them upon this work And let them take warning by those that were formerly the setters up of Pattentees and therby destroyers of the peoples legal and just liberties for it was not only that they were set up by an unbinding authority of the Kings which made them illegall but that they were against destructive to the fundamentall Lawes and liberties of the Land And therefore the house of Commons in its first purity before any of them was corrupted with assessing treasuring and disposing of the Common-wealths money in Clandestine Wayes not in the least allowed by the known and just Law of the Land and which to the Common-wealth they are not able to give an account of as indeed and in truth they ought of all the monies they have raised I say the house of Commons at the first beginning of their straights when they would render themselves amiable and lovely in the eyes of their Impowrers the people that trusted them They tell them in their first and most excellent Declaration 1. par Col. Declar. pag. 14. That they have supprest all Monopolies whereof some few did prejudice the Subject above a Million yearly the Soap an hundred thousand pounds the Wine three hundred thousand pounds the Le●ther must needs exceed both and salt could be no lesse then that besides the inferiour Monopolies Was this an excellency in the peoples Commissioners at the beginning And can it be lesse now then the greatest of basenesse in them to do the quite contrary Yea and that after so much bloud hath been shed and so much money spent and so many Oaths and Covenants sworn and taken to preserve the fundamentall Lawes and Liberties of the Kingdom And here I must fall extreamly foule upon Sr. WALTER EARLE GILES GREENE IOHN ROLL GEORGE TOMPSON ALEXANDER BENCE all Parliament men for their unjust and illegall Order made at the Committee of the Navy and Customes Novemb. 12. 1646. which is published in print on purpose to conjure the Officers of the Customs to take care to put the aforesaid patentee M●●op●lizing Ordinance of the GREENLAND COMPANY in d●e execution according to its true intent and meaning and that before they passe any en●ry or other warrant for any F●ns or gills wrought or unwrought or for any sort of W●●le O●le or other Oyle to call to their assistance the Officer or the Officers of the Greenland Company if any such be appointed for the place to view the same thereby to proc●ed according to the Ordinance of Parliame●● which Ordinance is dated the 6. of May 1646. which AVTHORISETH THEM TO CEISE UPON ALL SVCH COMMODITIES that are brought in by any other free Merchants that are not of this Company by m●anes of which they ing●osse all the trade into their own hands and sell their Commodities for double the rate that others if they might be suffered to bring them in would sell them O brave and gallant slavery and bondage The dear but unwelcome purchase of all our blood and money The next querie that will arise will be this Whether some particular Parliament men have not outstript the bounds of their Commission And here I shall answer affirmatively likewise or else as Samuel said to Saul what meanes this bleating of the Sheepe in my eares and the lowing of the Oxen which I heare So say I if all be right what meanes MAJOR GEORGE WITHERS Complaint against Sir Richard Onsley and Sir Poynings Moore and Mr. IOHN MVSGRAVES loud Complaint and impeachment of treason against Mr. Richard Barwis which he hath largely published in severall bookes to the view of the world called A WORD TO THE WISE ANOTHER WORD TO THE WISE YET ANOTHER WORD TO THE WISE In which he also accuseth Mr. Lisle the Chairman of the Committee of great injustice for making a false Report to the House And what meanes the grievous Complaint of divers Gentlemen of the County of Durham against OLD SIR HENRY VANE which is printed in ENGLANDS BIRTHRIGHT pag. 19. 20. 21 And Lieutenant Collonel Lilburne● Complaint against him in