way and suffer their Lives Liberties Estates and Honours to be subject to an Arbitrary Extrajudiciall conventicle of Blood Cromwels new Slaughter house which hath neither Law Justice Conscience Reason President or Authority Divine or Humane but onely the pretended Parliaments irrational Votes and the power of the Sword to maintain it which will prove a Cittadell over their Liberties a snare to their Estates a Deadfall to their lives and a scandal to their honours and familes if not timely opposed 1. By the Law the Endictment must specifie what the Treason is and against what Person committed As against our Soveraign Lord the King his Crown and Dignity But in the said Articles of Impeachment it is alleaged that the Treason is committed against the present Government or against the Keepers of the Liberties of England but in this dead-water our turning Tide between the old Regall and this new unknown Government no man knows how to do look or speak for fear of contracting the guilt of an Interpretative Treason upon the said two Statutes for New Treasons and before this boundlesse lawlesse new Court And to say that Treason is committed against a Government in abstracto is Non-sence it must be said that Treason is committed against the Governours in Concreto naming them For there being no Treason without Allegiance And Allegiance being a personall Obligation must be due from a certain known Person to a certain known Person or Persons And therefore the Keepers of the Liberties of England not being yet made known to us who they are or where to be found or what their power duty or office is and being not tied by any set Oath to deal well and truly with the People as Kings are by their Coronation Oath for if the stipulation be not mutuall the People are Slaves not subjects since the Duties of Allegiance and Protection Obedience and Command being reciprocall as they must needs be the Parliament having declared the Supreme power to be in the People they must not govern them Mero Imperio by lawlesse Votes like Turkish Tartarian and Russian Slaves I cannot ow nor perform Allegiance to those individua vaga the Keepers or Gaolers of our Liberties nor to an Utopian Commonwealth And without Allegiance no Treason for in all Endictments of High Treason it must be alledged That the accused did Proditoriè perpetrate such and such Crimes Contra debitam Allegantiam suam And the word Proditoriè signifies the betraying of a Trust According to the Proverbe In Trust is Treason Now where there is no profession of Allegiance there is no acceptance of a Trust no man can trust me against my will I was born under a Regall Government have read the Stat. Recognition 1. Jac. Have taken as well as others the Legall Oathes of Allegiance Obedience and Supremacy to the King his Heires and Lawfull Successors imposed upon me by lawfull Authority and from which no power on Earth can absolve me and so much I attest in the Oath of Supremacy And how I should now come after the New Moduling of the Parliament and Kingdome by Souldiers to ow Allegiance to Cromwell the Brewer Scot the Brewers Clerk Bradshaw the murderous petty fogger Sr. Hen. Mildmay the Court pander and projector Holland the Linckeboy John Trenchard that packed a Committee in which he was a Member and Voted to himself 2000l Love the super-inducted Six Clerk or any other of that Self-created Authority let them sheath their swords and tell me 2. An Endictment must certainly alledge the Offence committed in respect of the Matter Time Place persons and other circumstances But in these Articles of Impeachment they tie themselves to no such certainties Whereby the Accused knows not at what ward to lie nor how to make his Defence The Circumstances of time place and person being the assured Testimony of all Humane Actions This lawlesse Court leaves him in a vast Sea of Troubles without pole-starre card or compasse to steer by The Arbitrary Opinions of this Court declared upon emergent Occasions being a fals hearted Pilot to him These Judges not being of Counsell with the prisoner as our Legal Judges are who swear to do Justice according to the Law 3. By the Law any learned man that is present may inform the Court for the benefit of the prisoner of any thing that may make the proceedings erronious Cooks 3. Instit. pag. 29. But the whole proceedings of this Court their meeting and sitting being erronious here is no room left for admonition To take away their errours is to take away the Court 4. Cooks 2. Inst. p. 51. expounding the 29. chapter of Magna Charta hath these words All Commissions ought to be grounded upon the Law of England not upon the Votes of the House of Commons and to contain this clause in them To do what is just according to the Laws customs of England not to execute the several powers given them by the Act 26. March 1650 and a little further he saith Against this Antient and Fundamentall Law I finde an Act of Parliament made 11. Hen. VII chap. 3. That as well Justices of Assize as Justices of the Peace without any finding or presentment by the verdict of twelve men upon a bare Information for the King before them made should have full power and Authority by their Discretions to hear and determine all Offences Contempts committed or done by any person or persons against the Form Ordinance or effect of any Statute made and not repealed saving Treason Murder or Felony By colour of which Act shaking this Fundamentall Law it is not credible what horrible Oppressions and Exactions to the undoing of infinite number of people were Committed by Empson and Dudley Justices of the Peace throughout England And upon this unjust and injurious Act a new Office was erected as commonly in like cases it falleth out and they made Masters of the Kings Forfeitures I heare such an other Office will be erected when the novelty of this wonderfull High Court is lessened and the yoak thereof throughly setled upon the people necks Yet observe the said Act 11. H. 7. cap 3. went not so high as to Treason Murder and Felony But by the Stat. 1. Hen. VIII chap. 6. the said Act 11. Hen. VII was repealed and the reason given For that by force of the said Act it was manifestly known That many sinister and crafty forged and feigned Informations had bin pursued against many of the Kings Subjects to their great dammage and wrongful vexation The ill successe hereof saith Cooke and the fearful end of these two Oppressors who were Endicted and suffered for High Treason for all the said Act 11. Hen. VII passed in a full and free Parliament Cook 3. Instit. pag. 208. Should admonish Parliaments That in stead of this Ordinary and pretious Triall by the Law of the Land they bring not in Absolute and partiall Tryals by discretion And in his 4. Instit. p. 41. Cook saith
not by any Law of the Land but by the will of lawlesse power and Rebellion that hath cancelled all our Lawes Liberties and Properties and subverted our Fundamentall Government and disfranchised and disinherited the whole Nation Yet Master St. Iohns in his said Argument against Strafford p. 38. was then of opinion That to subvert the Lawes and Government and make a Kingdom no Kingdom was Treason at the Common Law This Act 26. Mar. 1650 is a new modelled Commission of Oier and Terminer And all the people of the Land are by the consequence thereof disfranchised and proscribed The illegality and tyranny thereof they have introduced who in this Parliament so zealously complained against the Court of the President Counsel of York or of the North as an intolerable grievance notwithstanding it had been of as long continuance as from 31. H. 8 as appears by a worthy Members speech or Argument against it in the said Book of Speeches Passages p. 409. made by order of the House of Commons in April 1649. I find not one Exception there made against the Court of York to which this upstart high Court is not more liable then it 1. The Commissioners of this high Court are not appointed to inquire per Sacramentum proborum legalium hominum that is by Iuries as by Magna Charta and above 30. Statutes confirming it all Commissions ought to run 2. They are not appointed nor sworn to heare determine Secundùm Leges Angliae according to the known Lawes as they ought to be but according to certain Articles powers given in the said Act 26. March 1650. 3. The said Act 26. March leaves a dangerous latitude to the interpretation and discretion of the Commissioners contrary to what is done in the Act 25. Ed. 3. chap. 2. namely It hath one Clause enabling them to inflict upon Offenders such punishment either by death or otherwise corporally as the said Commissioners or the major part of them present shall judge to apperteine to Justice This leaves it in the brests of the Commissioners without any Law or rule to walk by to inflict what torments and ignominious punishments they please although not used in our Nation and arbitrary corporall paines are proper to slaves not to Subjects Here after the losse of all but their bodies the people may see their bodies subject to the lawless wills of our Grandees And by another clause this Act impowreth the Commissioners To examine witnesses upon oath or otherwise if need be This word or otherwise c. gives them power to examine witnesses without oath if they cannot procure witnesses so far the sons of Belial and cauterised in conscience as to adventure upon an oath even in case of life and death and mutilation of members contrary to the current of all our Lawes and practice of all our Courts of Law and of all Nations See Stat. 1. Ed. VI chap. 12. 5 Ed. VI chap. 11. Cooks 3. Inst. pag. 24 25 26. Deut. 17. 6. Ex ore duorum vel trium peribit qui-occidetur Deut. 17. 6. Matth. 18. 16. John 18. 23. 2 Cor. 13. 1. Heb. 10. 28. This is the most arbitrary destroying liberty that ever was given to Iudges And such as none but professed theeves and murderers will accept or make use of The Scripture saith An oath is the end of controversy between man man How then can they end and determine a controversy without oath But the end of all controversies before this Butcher-row of Iudges is cutting of throats and confiscation of estates And by the same clause of the said Act To examine witnesses They may and I heare do examine witnesses clandestinely and proceed upon bare Depositions read in Court whereas they ought to produce the witnesses face to face in open Court and there sweare them that the Party accused may interrogate them and examine the circumstances and whether they contradict themselves or one another for cleering the Evidence And whether they be lawfull witnesses or no Nay I hear they do privately suborn and engage witnesses without oath And then produce them to swear what they have formerly related only and if they scruple at an oath punish them for misinforming the State 4. That I may make some more use of the aforesaid Members words Whether the King or a prevailing Party usurping his Kingly power may canton out a part of his Kingdom or cull mark out for slaughter some principall men deny them the benefit of law in order thereto as these Judges do to be tried by speciall Commission since the whole Kingdom is under the known lawes Courts established at Westminster It should seem by this Parliaments eager complaint against the speciall Commission of York this Parliament hath determined this question in the negative allready whatsoever their present practise to carry on their Designe is See Stat. 17. Car 1. against the Star Chamber To what purpose serve those Statutes of Magna Charta and the Petition of Right if men may be fined and imprisoned nay murdered without Law according to the discretion of Commissioners This discretion is the quick-sand that hath swallowed our Properties and Liberties but is now ready to swallow our carkasses Thus far that Gentleman Whose words then carried the Parliamentary stamp upon them Let me add some more exceptions of my own against this high Court of Injustice 5. Soldiers of the Army are appointed by the Act 26. March to be assistant to the Commissioners contrary to the peaceable proceedings of the Law which never makes use of any but civill Magistrates and Officers of the Law See Stat. 7. Ed. l. 2. Ed. III. chap. 3. 7. R. II. chap. 13. 6. And contrary to the old oath which all Judges ought to take in these words You shall sweare well lawfully to serve the King people in the Office of Justice c. And that to what estate condition they be come before you in the Sessions with force and armes against the peace against the Statute thereof made to disturbe the Execution of the Common Lawes or to menace the people that you arrest their bodies c. Stat. 18. Ed. III. in An. Dom. 1344. p. 144. Poultons Book of Stat. at large But the oath appointed for these Commissioners to take is not penned in termes of Indifferency Nor doth any waies oblige them to the people 26. Mar. 1550. viz You shall sweare well and truly according to the best of your skill and knowledge to execute the severall powers given you by this Act not well lawfully to serve the people Besides they swear to execute the severall powers given not to do Justice according to the Lawes Now the Lawes are the only Rules of Iustice by which we distinguish crooked from streight true from false right from wrong This is not the work these Iudges are packed for but to execute Acts of power and will But powers are often usurped tyrannicall illegall
Rule they interpret and to this they conform the Scriptures not their Consciences to the Scriptures setting the Sunne Diall by the clock not the clock by the Sunne Diall That every man must pray according to the Dictates of his private Spirit They reject the Lords Prayer for fear of quenching the Spirit When they break their Faith Articles Promises Declarations and Covenants they alleage the Spirit is the Author thereof When Cromwell contrary to his Vows and Protestations made to the King kept him close prisoner in Carisbrook Castle He affirmed the Spirit would not let him keep his word When contrary to the Publike Faith they Murdered Him they pretended They could not resist the Motions of the Spirit Sua cuique Deus sit dira libido This Hobgoblin serves all turns 4. Their fourth principle is That they may commit any Sinne and retain their Sanctity in the very act of sinning For what is sinfull in other men is not so in the Saints who may commit any crime against the Law of God and yet it cannot be imputed to them for Sinne Because they know in their Consciences what they do So tender and delicate are their Consciences That they are capable of any Offence against their Neighbor without breach of Justice or Charity A righteous man is a law to himself 5. Their fifth principle is That 7. make a Church although men women and children and that this Church is Independent upon any other The Anabaptists though they neither profess to follow Paul nor Cephas yet declare themselves to be some of Cromwels Church some of John Goodwins some of Kiffins some of Patiences and some of Carters Church 6. Their sixth Independent principle is That if a man be questioned for any crime though his Judges have neither competent witnesses proofs nor Evidence of his guiltiness yet if they think in their Consciences he is guilty they may condemn him out of the Testimony of their own private consciences Is it not fit men so principled should be Judges and Jury too condemn men by inspiration So Col. Andrews and Sr. John Gell were condemned for Bernard and Pits witnesses against them were apparently suborned by Bradshaw and Sir Hen. Mildmay against them and forsworn in the same cause and good proof offered to the Court that they were both Flagitious men of scandalous life and conversation The letter supposed to be sent by Andrews to Gell was delivered to Bradshaw whereof Bradshaw sent a Copy onely to Gell at ten of the clock at night and had a warrant then ready to arrest Gell which was done early next morning before he could conveniently discover it Yet was Gell sentenced for Misprison of High-Treason See Sr. John Gells case stated August 1650. with Colonel Andrews Attestation in his behalf under his hand a little before his death And though Sr. John was Impeached and Mr. Atturney prosecuted him only for Misprision yet had he much a do to keep that blood thirsty old curre Keeble from taking a leap at his throat and giving Judgment against him for High Treason So for want of law Sr. John had like to be hanged by Inspiration and Instinct of the spirit He that will see more of these Independent Tenets Let him read Cl. Salmasius chap. 10. Defensionis Regiae Elenchus Motuum nuperorum in Anglia And the History of Independency 1 and 2. part These 6. I have selected that by comparing their Doctrine with their daily Practise the Reader may perceive what pious Christians good Patriots and upright Judges these engaged Independent Commissioners of the High Court of Justice are like to prove The builders of this New Commonwealth or Babel hold forth to the People Justice and Liberty as their Motto as if those excellent guifts had never received their birth nor bin so much as shewen to the People untill they murdered the King and stepped into his Throne But how righteous a Free State or Commonwealth is this like to be And how well are the People therein like to be instructed in the wayes of Righteousnesse Justice and Charity and improved in good life and conversation by men so principled as aforesaid Let the world judge Especially when they observe That our New Statists have enacted in the said pretended Act 2. Jan. 1649. enjoyning the Engagement That who soever will promise Truth and fidelity to them by subscribing the Engagement may deale falsely and fraudulently with all the world besides And break all Bonds Assurances and Contracts made with Non-engagers concerning their Estates and pay their Debts by pleading in Bar of all Actions That the complainant hath not taken the Engagement This is to robb the Aegyptians of the good things of this world This is to break their Faith by the motions of the Spirit This is to cheat and rob their Neighbours without breach of Charity or Justice and without imputation of Sinne according to their aforesaid Tenets 3. I am come now to consider in the third place The way and Manner of their proceedings How consonant they are to the usuall proceeding of our known Laws and Legall Courts of Judicature the best Inheritance of all Freemen whereof see Colonel Andrews 3. Answers in his Defence given into the said High Court Here with printed 1. The first Course they commonly take is To break open mens Houses Studies Chests c. and seise their Papers and thereby hunt for Matter of Charge against them And then to examine them against themselves upon the said Papers contrary to Magna Charta which saith Nemo tenetur prodere seipsum And contrary to the Doctrine of Christianity which forbids a man to destroy his own life or be Felo de se as many men unwittingly doe who answer to captious ensnaring questions What that tempting question was put to Christ Art thou the King of the Jews He returned no other Answer then Thou sayest it Why askest thou me Aâ—ke them that heard me That is Ask witnesses It was objected against the Oath ex Officio That it was High Injustice to examine a man against himself Because his Answers may only serve to condemn but not to acquit him 2. They usually break open houses with Souldiers at all hours of the night pulling men out of their beds with great violence and terrour and so carrying them away under pretence whereof Robberies and Murders have bin committed Whereas by the Stat. 1. Edw. VI chap. 12. and 5. and 6. Edw. VI chap. 11. A man ought not to be accused of High Treason but to one of the Kings Counsell or to one of the Kings Justices of Assize or to one of the Kings Justices of the peace being of the Quorum or to 2. Justices of the Peace where the Offence is committed Cooks 3. Inst. chap. High Treason p. 26 27 28. 3. They Commit men to prison without any Accusation or Accusor made known and during pleasure and detein them in prison many years together without any Legall proceedings or charge
his present Answer and Salvo may be accepted and registred Eusebius Andrewes The Second Answer of Col. Eusebius Andrews Esquire To the Honorable The High Court of Iustice 1650. THe said Respondent with the Favour of this Honorable Court reserving and praying to be allowed the Benefit and Liberty of making further Answer if it shal be Necessary In all humblenesse for the present Answer offereth to this Honorable Court That by the Letter and genuine sense of the Act entituled An Act for establishing an High Court of Justice The said Court is not qualified to try a Freeman of England such as the Respondent averreth himself to be for life in Case of Treason For that 1. The said Court is not Constituted a Court of Record neither hath Commission returnable into a Court of Record So that 1. The State cannot upon Record and but upon Record cannot at all have that Account of their Freemen which Kings were wont to have of their Subjects and States exact else where at the hands of their Ministers of Justice 2. The Freemen and those who are or may be concerned in him can have no Record to resort to by which to preserve the Rights due to him and them respectively viz. 1. A writ of Errour in case of erronious Judgment 2. A plea of Auterfoies acquit in case of new question for the same fact 3. An Enlargement upon Acquitall 4. A Writ of Conspiracy not to be brought untill Acquitall against those who have practised to betray the life of the Respondent 1. The Writ of Errour is due by presidents Paschae 39. Ed. III. John of Gaunts Case Rot. Parliament 4. Ed. III. Num. 13. Count de Arundells Case Rot. Parliament 42. Ed. III. Num. 23. Sr. John of Lees Case 2. Auterfois acquit appears by Wetherell and Darleis Case 4. Rep. 43. Eliz. Vaux his Case 4. Rep. 33. Eliz. 3. The Enlargement appears by Stat. 14. Hen. VI chap. 1. Diers Reports fol. 121. The year book of Ed. IV. 10. fol. 19. 4. The writ of Conspiracy by The Poulters Case 9 Rep. fol. 55. This Court is to determine at a day without account of their proceedings and have power to try judge and cause Execution but not to acquit or give Enlargement So that the nocent are thereby punishable the injured betrayed not vindicable Which are defects incompatible with a Court of Justice and inconsistent with Justice it self and the honor of a Christian Nation and Common-wealth 2. The members of this Court are by the said Act directed to be sworn 1. Not in Conspectu populi for the Freemans satisfaction 2. Not in words of Indifferency and obliging in equality 3. But in words of manifest partiality viz. You shall swear That you shall well and truly according to the best of your skill and knowledge execute the severall powers given you by this Act 1. If the Court be Triers and Judges too it is humbly offered by the respondent that it is but reasonable that they should be sworn as Triers in the sight of the Freeman who shall be upon his Triall 2. And That as Justices of Oyer and Terminer They being authorised to hear and determine by the words of the Act. They should take an oath such as is usual equal set down E. III Viz You shall sweare That well and lawfully you shall serve our Lord the King and his People in the Office of Iustice c. And that you deny to no man Common Right 3. Or that this Court taking Notice of such high matters as Treason upon the guilt wherof the Freemens life depends should take an Oath at least as equall as a Iustice of the Peace Daltons Iust. of Peace fol. 13. the words are I A. B. do sweare that I will do equall Right c. according to my best wit cunning and power after the Laws and Customes of the Land and the Statutes thereof made c. 4. If the Court will be Judges and Triers too for they have power given them to conclude the Freemen by the opinion of the major number of twelve holding some resemblance but with a signall difference with the verdict of a Jury it were but reasonable that they should take an Oath correspondent to that usually administred to Iury-men The words are You shall well and truly try and true deliverance make betweene the Keepers of the Liberties of England and the Prisoner at the Bar according to your Evidence So help you God c. 5. When this Court as it is now constituted hath condemned a Freeman by applying their skill and knowledge to the power given them whether justly or not the Oath injoyned them by the Act 26. March 1650. is not broken literally as to be exactible by man though God will have a better account And therefore upon the whole matter premised The Respondent saving as before averreth for Law and Reason This Court by the words of the Act constituting it is not qualified in respect of the objected defects to passe upon him for life in case of Treason And praies this his 2l Answer may be received with the Salvo's and registred Eusebius Andrewes The third Answer of Col. Eusebius Andrews Esquire to the Honorable The High Court of Justice 1650. THe said Respondent with favour of this Honourable Court reserving and praying to be allowed the benefit and Liberty of making farther Answer if it shall be necessary in all humbleness for present Answer offereth to this Honorable Court 1. That it is his Right if he admit this Court to be duly and legally established and constituted as to their being a Court to be tried by his Peeres men of his own condition and Neighbourhood 2. That it is within the power of this Court by the Letter of the Act 26. March 1650. Or at least not repugnant to the Act to try him by such his Peeres c. 1. That it is his Right to be tried only so appeares by Mazna Charta chap. 29. 25. Ed. 3. chap. 9. 28. Ed. 3. chap. 4. 42. Ed. 3. chap. 3. 25. Ed. 1. chap. 1. and 2. 25. Ed. 3. chap. 2. and 4. 37. Ed. 3. chap. 18. By all which this Right is maintainable And the Proceedings contrary thereunto will be held for none and to be redressed as void and erronious So that if the Lawes and Courts were not obstructed in the cases of some sort of Freemen of England the whole proceedings contrary to these Lawes without a Jury of his Peeres were avoidable and reversable by Writ of Error as appeares by the Presidents vouched in the Respondents 2d Answer 3. That it is in the Courts power To try the Freeman and consequently the Respondent by a Jury of his Equalls The Court is humbly desired to consider the words of qualification 1. The Court is authorised To hear and Determine and so if at all Commissioners then Commissioners of Oyer and Terminer and such Commissioners in their naturall Constitution and practicall execution do
of all the blood shed this warre and should expiate those crimes with his blood If the King were not guilty these men are And therefore they passed this Vote Se defendendo Yet observe that herein they became Judges in their own cause and forejudged his Majesty before his Trial if that may be called a Triall that was carried on by men who were both Accusers Prosecuters parties and Judges and had neither law President formality of proceedings nor any other foundation of Justice or Reason to warrant them nor were delegated by any lawfull Authority These Votes thus passed and by this kinde of men were the foundation upon which they built their great Engine to destroy the King and Kingly Government together with the Religion Laws Liberties Lives and Properties of the people all condemned in that deadly sentence given against the King For having as aforesaid created by their own Votes themselves as absolute a power as they pleased and cast the people and all they have into that bottomlesse Chaos of their Arbitrary Domination They erect an Extrajudiciall unpresidented High Court of Justice to Try or rather to condemn without Triall the King Consisting of 150. Commissioners Souldiers Parliament men Trades men the most violent engaged and factious incendiaries of all the Antimonarchicall faction Amongst whom were many low conditioned mechanicks and Banquerouts whose fortunes are since repaired out of the Kings Estate and other publick Lands Goods and Offices as a reward for that Royall Bloud they spilt The King the Fountain of Law Justice Mercy Honour War and Peace The Head of the Parliament and Supreme Governour over all persons and in all causes thus violently removed presently as if the Mounds and Banks of the Sea had been overturned an impetuous innundation of bloudy thievish Tyranny and Oppression brake in udon us So that no man can call his life liberty house lands goods or any other his Rights or Fraunchises his own longer than the gratious aspect of some of our Graundees shine favourably upon him In the next place contrary to their own Declarations of the 9. Feb. and 17. March 1648. Wherein they promise that in all things concerning the lives liberties and properties of the people they will observe the known laws of the Land with all things incident therto They passe misbegotten Acts of Parliament one of the 14. of May another of the 17. of July 1649. whereby in derogation and annihilation of that excellent Stat. 25. Ed. III. Chap. 2. Ascertaining Treasons and reducing them to a small number And leaving nothing to the interpretation of the Judges that the people might not be ensnared they exceeding by multiplying Treasons bringing bare words as wel as deeds within the compasse of that offence and making many duties to which the laws of God and the land the Protestation and Covenant the oaths of allegeance obedience and Supremacy oblige us to be high Treason these new acts of Treason penned in obscure ambiguous terms purposely to leave a latitude of Interpretation in their own creatures the Judges that the People may be ensnared The King thus taken out of their way They passe dretended Hcts. 1. To Disinherit his children 2. To abolish Kingly Government for ever 3. To convert our ancient well tempered Monarchy into that which they call a Common-wealth or Free-State although nothing be therein free but their lusts nor hath it any form or face of Civil and just Government Wherein a confused Multitude rule by their own Wills without Law and for their own benefit no consideration being had of the good and happinesse of the People in generall 4. They Constitute a Senate or Councel of State of 40. men amongst which some Trades-men Souldiers illiterate Lawyers Parliament Members men already engaged over head and ears in sinne therefore to be confided in to these or any nine of these they entrust the Administration of this Utopian Common-wealth and these they would have us believe without telling us so are the Keepers or Gaolers of the Liberties of England These things being but Introductions to the Usurpation of these Kinglings and having been already shewed to the world by many pens I content my self to give a cursory view of them and hast to my intended task to shew that this Usurped power is kept and administred by as wicked and violent policies as it was gotten by The first endeavour of all Tyrannicall Usurpers is To lessen the number of their Enemies either by flattering and deceiving them or by violently extirpating and rooting them out And such have been the attempts of our new Cromwellian Statists ever since without any calling from God or the people they toook upon them the Supreme Authority of the Nation subverted our well mixed Monarchy and created themselves a Free-State 1. They endeavoured to sweeten and allure to act with them as many of the Secured and Secluded Members Ministers and other Phesbyterians as they could to the end that ex post facto being guilty of their Sinnes they might be engaged in one common defence and go halfs with them in their ignominy and punishment though not in their power profit and preferments in which the Godly will admit no Rivalls but like their Patron the Devil cry all 's mine But this Design failed for the most part 2. Their second Endevour was how to dimmish the number of their Opposites Royalists and Presbyterians by a Massacre for which purpose many Dark Lanthorns and Ponyards were provided last Winter 1649. But same prevented this plot which coming to be the Common rumour of the Town put them in mind of the danger infamy and hatred that would overwhelm them So this was laid aside At last they invented two other Engins no lesse bloudy then and as effectuall as a Massacre 3. The Engagement is the first of these two Gins which all persons are enjoyned to subscribe by their Act â— Jan. 1649. To be true to the Common-wealth of England as it is now established without a King or House of Peeres And this is obtruded under no lesse penalty then To be totally deprived of all Benefit of Law whatsoever Now the Laws of the Land being the onely Conservators of our lives Liberties and Estates without which lawes all men have a like property to all things and the strongest have right to all is possest by the weaker since the Law onely distinguisheth Meum and Tuum what is this but to expose the Liberties of the Non-Engagers to false Imprisonments our Estates to rapine spoil and Injustice and our Lives and Persons to wounds and Murders at the will and pleasure of such as will engage with our Usurpers but especially at the pleasure of their own Souldiers to whom I conceive this Outlawry was intended as an Alarm or Invitation to plunder and massacre the Non-engagers and to pay themselves their Arrears of which these Parliament men have cousened them out of their Estates and though the
Souldiers were not so wicked as their Masters Yet we daily see many good Families in England despoiled of their Estates for want of protection of the laws brought to miserable beggery rather than they will wrong their consciences by subscribing this damnable Engagement contrary to the Protestation and Covenant imposed by this Parliament contrary to the known law of this land which this Parliament hath declared to observe and keep in all things concerning the lives liberties and properties of the people with all things incident thereto contrary to this Parliaments reiterated votes that they would not change the Ancient Government by a King Lords and Commons And contrary to the Oathes of Allegeance Obedience and Supremacy whereby and by the Stat. of Recognition 1. Jac. our Allegeance is tied onely to the King his Heires and Lawfull Successers from which no power on earth can absolve us and so much we attest in the Oath of Supremacy Politicus Interpreter to our new State-Puppet play Numb. 19. from Sept. 19. to Sept. 26. out of the dictates of his Masters tells us that in Answer to the Kings Act of oblivion granted the Parliament intends to passe an Act of Generall pardon for which they expect in future a Generall obedience submission to the government you see though they will not be the Kings subjects they will be his Apes and in the beginning of the said Pamphlet Politicus saith That Protection implies obedience otherwise they may be handled as publike Enemies and outlawes and ought to be destroyed as Traitors Here you have the end to which this generall pardon is intended it is but a shooing-horn to draw on the utmost penalty upon Non-engagers appointed by the said pretended Act 2. Ian. 1649. to weed them out of this good Land that the Saints only may enjoy the earth and the fullness thereof to which purpose all their new coyned Acts and Lawes are directed The Scripture points forth these kind of men when it saith The Mercies of the wicked are cruell The sum of all is If we will not acknowledge Allegeance to these Mush-romes we shall be Traitors without Alleageance a Treason never yet heard of in any Law If we will acknowledge Allegeance we put our selves in a capacity to be Traitors when they shall please to make us such But let them know That we are all Englishmen Free-born alike under the Protection of an antient legall Monarchy to which we owe Alleageance and how we come to forfeit that legall Protection our setled laws and Government and be subjected to a New unknowne Protection obtruded upon us by a Company of upstarts Mushromes of Majesty so meane in birth and breeding for the most part that the place of a Constable equalls the highest of their education imposing what Lawes and conditions upon us they please I would be glad to heare without being hindered by Guns Drums High Courts of Iustice and other Instruments of violence Murder But the greatest Mistery in this cheat is That our Self-created Supremists having voted the originall power to be in the people and but a derivative Authority to be in themselves as the Representative of the people should notwithstanding so yoake their Soveraigne Lord the people and make them pay Allegeance to their own Delegates the 8. part of a House of Commons under the penalty unless they subscribe as the far major part have not of outlawing and depriving all the people of this Land of all benefit of the Lawes they were born to and consequently of annihilating and making them no longer a Nation or people As if they were meer Salvages newly conquered collected and formed into a Politike body or Commonwealth and endowed with Laws newly invented by these Novice Statists But the unlawfullness of the said Engagement with the Injustice of the Self-created power that obtrudeth it hath been handled by many good pens especially by the Cheshire and Lancashire Ministers in their Plea for Non-Subcribers Therfore I passe on to my principall scope The second Engine appointed to root out all such as are of a different Party The High Court of Iustice A formidable Monster upon which no pen that I know of hath yet adventured 4. In treating of the High Court of Iustice I must consider 1. By what Persons and Authority this new erected unpresidented Court is constituted 2. Of what Persons it is constituted 3. The way and manner of their proceedings What formalities and Lawes they observe therein How sutable to the known Laws of the Land and the Parliaments Declarations Protestations and Covenant they are 4. To what end this Court is constituted 1. The Persons constituting this extrajudiciall Court are the present pretended Parliament consisting of 40 or 50 thriving Commons only who conspired with Cromwell and the Army to expell 7. parts of 8. of their follow-Members without any cause showne abolished the House of Peers erected this High Court of Iustice in nature of a Court Martiall to murder the King abolished Kingly Government Turned it into a thing they call a Free-State disinherited the Royall Family and now usurp to themselves without any calling from God or the People more then a Regall Legall or Parliamentary Authority wherewith they have subverted the Fundamentall Government Religion Laws Liberties and Property of the Nation and envassallised enslaved them to their Arbitrary Domination the Authority by which they erect this extrajudiciall Court is The usurped Legislative power By colour of which they passed an Act dated 26. March 1650. establishing the said High Court of Iustice Yet their own creature Master St. Johns in his Argument against the E. of Strafford in a Book called Speeches and Passages of this great happy Parliament printed by William Cook 1641. pag. 24. saith The Parliament is the Representative of the whole Kingdom wherin the King as head The Lords as the more Noble the Commons the other Members are knit together as one body Politick The Lawes are the Arteries Ligaments that hold the body together And a little after Its Treason to embesell a Judiciall Record Strafford swept them all away It s Treason to counterfeit a 20s peece here is a counterfeiting of Law so in these counterfeit new Acts we can call neither the counterfeit nor true one our own It s Treason to counterfeit the great Seale for an acre of Land no property hereby is left to any Land at all no more is there by the votes practise of our new Supremists thus far Master St. Iohns But that the Parliament doth necessarily consist of the King the two Houses assembled by his Writ can passe no Act without their joint consent See the Praeambles of all our Statutes all our Parliament Records all our Law Books Modus tenendi Parliamentum Hackwells manner of passing Bills Sr. Tho. Smith de Repub. Anglorum Cambdeni Britannia All our Historians Polititians and the uninterrupted practise of all Ages That it is now lately otherwise practised is
3. To repell an Injury done to your self or to your Ally in league with you The ultimate end of these wicked Endeavours is To establish and cement with the bloud of their Adversaries the Kingdom of the Brambles or Saints already founded in bloud By cutting off all such by their said New Acts of Treason and High Court of Justice as will not bow their Necks to their Iron yoake Which appears more cleerely in an Additionall Act giving farther power to the said High Court dated 27. Aug. 1650. To hear and determine all Misprisions or concealments of Treasons mentioned or contained in any of the said Articles or Acts of Parliaments And to inflict such punishments and award such execution as by the Lawes and Statutes have bin or may be inflicted This Lawe if I miscall it not considering how they have multiplied Treasons by their said 3 New Statutes 14. May 17. July 1649. and 26 March 1650. Whereby bare words without Act are made High Treason Contrarie to those well approved Statutes 25. Ed. III. chap. 2. 1. Hen. IV. chap. 10. 1. Edw. VI chap. 12. I. Mariae chap. 1. Cooke 3. Instit. saith That words may make an Heretique not a Traitor Chap. High Treason And the Scripture denounceth a wo to him That maketh a man an Offender for a word is one of the cruelst and most generally dangerous and entrapping that ever was made For hereby all Relations Husband and Wife Parents and Children Brothers and Sisters Masters and Servants are all injoyned to be informers against and Accusors of one another which is to take upon them the Devils Office and be Accusatores Fratrum for light and vain words spoken onely in Passion or ignorantly or else they fall into the Jawes of this alldevouring Court from whence no more then from Hell there is no Redemption for Misprision of Treason the Penaltie whereof is losse of Libertie and Lands for life and of Goods for ever Who can imagine lesse heerby but that our Statistes intend to raise a yearly revenue by this Court by Forfeitures and Confiscations and to erect an Office of Master of the States Forfeitures like Empsons and Dudleis in Hen. VII time aforesaid And so continue this Court to weede out the Auntient Inhabitants Cananites and Amalechites The said Additional Act 27. Aug. 1650. concludes That the said High Court shall not examine Try or proceed against any Person other then such as shall be first by name appointed by the Parliament or Counsel of State It should seem the Parliament and Counsel of State supply the want of a Grand Enquest and their Appointment is in stead of a Bill of Enditement found and presented As assuredly as The High Inquisition was erected in Spain by Firdinando and Isabella to extirpate the Mahometan Moors And the said Councel of Bloud in the Lowe Countries by the Duke D'Alva to weed out the Lutherans Calvinistes and Anabaptistes So is this High Court set up in England to root out the Royallistes Presbyterians and Levellors and generally all that will not wholly concurre with our Independents in Practise and Opinions As will manifestly appear when their work is don in Scotland which will soon be effected the more zealous Scots being now as ready to sell their Kingdom as they weare formerly to sell their King I Conclude therefore upon the Reasons aforesaid That because the Commissioners or Judges are not sworn to do Justice according to the Lawes And are Parties pre-in-gaged as well as their Masters and Pay-Masters that named them ignorant men and of vild and base professions uncapable of places of Judicature Necessitous Persons and some of them Scandalous and the High Court it self hath neither Law President nor any just Authority for Constituting thereof or the Judges therein And all proceedings before them are directly Contrary to Magna Charta the Statut. 25. Edw. III. chap. 2. The Petition of Right and all other known and Established Laws and the continual Practise of our Nation and in many Points Contrary to the Law of God and the Dictates of Right Reason That these Commissioners are Incompetent Judges Their Court an Extrajudicial Conventicle tending to disinherite disfranchise and enslave all the Free-men of the Nation and all Proceedings before them are void and Coram non Judice See Col Andrews 3. Answers The said High Court of Justice to be a meer bloudy Theater of Murder and Oppression It being against Common Reason and all Laws Divine and Humane That any man should be Judge in his own Cause Neminem posse in sua Causa Judicem esse Is the Rule in Law But this Parliament and Counsell of State know they can not establish and confirm their usurped Tyrannie The Kingdom of the Saints eaâ—e up the People with Taxes and share Publike Lands Offices and Mony amongst themselves enslave the Nation to their Lawles wills and Pleasures but by cutting off the most able and active men of all opposite Parties by som such expedient as this Arbitrary Lawlesse High Court is The old Legall way by Juries being found by John Lilbourns Triall to be neither sure enough nor speedy enough to do their work A Butcher-Rowe of Judges being easier packed then a Jury who may be challenged So that it fareth with the People of England as with a Traviler fallen into the hands of Theeves First they take away his Purse And then to secure themselves they take away his life So they Robbe him by Providence And then Murder him by Necessity And to bring in their Third Insisting Principle they may alleage They did all this upon Honest Intentions to enrich the Saints and robb the Egiptians With these 3. Principles they Justify all their Villanies Which is an Invention so meerely their own That the Devil must acknowledge They have propagated his Kingdome of Sinne and Death more by their Impudent Justifications then by their Turbulent Actions An Additional Postscript SInce the Conclusion of the Premises hath happened the Trial of that worthy Knight Sr. John Stowell of the County of Sommerset Who having bin often before this Court hath so well defended himself and wiped off all Objections and made such good use of the Articles of the Rendition of Excester that in the Opinion of all men and in despite of their ensnaring Acts for New Treasons he can not be adjudged guilty of any Treason Old or New which was the Summe and Complement of the Charge against him Wherefore the Court put off his Trial for a longer time to hunt for New Crimes and witnesses against him At last came into the Court as a witnes John Ashe notwithstanding he is a Party many waies engaged against him 1. Ashe is a Parliament man in which capacity Sr. John Stowell bore Armes for the King against him 2ly Ashe as a Parliament man is one of the constitutors of this Murderous Court and the Judges thereof and therefore their Creatures who expect rewards from them beare a more awfull respect to his
testimony then a witnes ought to have from Judges 3ly It is publickly known that Ashe hath begged of the House a great summe of mony out of the Composition for or Confiscation of Sr. Johns Estate And 4ly It is known to many That during Sr. Johns many years Imprisonment Ashe often laboured with Sr. John to sell unto him for 4000l a Parcel of Land which cost Sr. John above 10000l promising him to passe his Composition at an easy rate to procure his enlargement from prison and send him home in peace and quiet if he granted his desire But although with all their malitious diligence they cannot finde him guilty of High Treason yet their Articles of Impeachment Charge him in general Tearms with Treason Murder Felony and other High Crimes and Misdemeaners and amasse together such a Sozites and and Accumulation of Offences as if one fail another shall hit right to make him punnishable in one kinde or other such a hailshot charge cannot wholly misse either they will have life estate or both Contrary to the Nature of all Enditements and Criminall Charges whatsoever which ought to be particular cleere and certain Lamb pag. 487 that the accused may knowe for what Crime he puts himself upon Issue But this Court as High as it is not being Constituted a Court of Recorde the Prisoner and those that are concerned in him can have no Recorde to resorte to either 1. To demande a writ of Error in Case of Erronious Judgement 2. To ground a plea of Auterfois Acquite in Case of New Question for the same fact 3ly Or to demande an Enlargement upon Acquitall or 4ly To demand a writ of conspiracy against such as have combined to betray the life of an Innocent man Whereby it followes That this prodigious Court hath power onely to Condemne and Execute not to Acquite and give Enlargement Contrary to the Nature of all Courtes of Iudicature and of Iustice it self it is therefore a meer Slaughter house to Commit Free State Murders in without nay against Law and Iustice and not a Court of Iudicature to condemne the Nocent and absolve the Innocent And the Iudges of this Court runne Paralell with their Father the Devill who is ever the Minister of Gods wrath and fury never of his Mercy The humble Answer of Col. Eusebius Andrewes Esquier to the Proceedings against him before the Honourable The high Court of Justice 1650. THe said Respondent with favour of this Honourable Court reserving and praying to be allowed the benefit Liberty of making farther Answer if it shall be adjudged necessary offereth to his Honorable Court That by the Stat. or Charter stiled Magna Charta which is the Fundamentall Law and ought to be the Standard of the Laws of England Confirmed above 30 times and yet unrepealed it is in the 29 Chapter thereof graunted and enacted 1. That no Free-man shall be taken or imprisoned or be disseised of his Freehold or Liberties or Free Customes or be outlawed or exiled or any other wayes destroyed Nor we shall not passe upon him but by a lawfull Judgement of his Peers or by the Law of the Land 2. We shall sell to no man nor deferre to any man Justice or Right By the Stat. 42. Ed. III. chap. III. The Great Charter is commanded to be kept in all Points and it is enacted That if any Stat. be made to the Contrary That shall be holden for none By the Act 26. March 1650. entituled An Act for Establishing An High Court of Justice Power is given to this Court To Try Condemne and Cause Execution of death to be done upon the Freemen of England according as the Major Number of any 12 of the Members thereof shall Judge to appertein to Justice And thereupon the Respondent doth humbly inferre and affirme that the Tenor of the said Act is diametrically opposite to and inconsistent with the said Great Charter And is therefore by the said recited Stat. 42. Ed. III. to be holden for none Secondly That it can with no more Reason Equity or Iustice hold the reputation or value of a Law if the said Stat. had not bin then if contrary to the 2d Clause of the 29. chap. of Magna Charta it had bin also enacted That Justice and Right shall be deferred to all Freemen and sould to all that will buy it By the Petition of Right 3o Car upon premising That contrary to the Great Charter Trials and Executions had bin had and don against the Subjects by Commissions Martial c. it was thereby praied and by Commission enacted That 1. No Commissions of the like nature might be thenceforth issued c. 2. To prevent least any of the Subjects should be put to death Contrary to the Laws and Franchises of the Land The Respondent heereupon Humbly observeth and affirmeth That this Court is though under a different stile in nature and in the Proceedings thereby directed the same with a Commission Martiall The Free-men thereby being to be tried for life and adjudged by the Opinion of the Major Number of the Commissioners sitting as in Courtes of Commissioners Martiall was practised was agreeable to their Constitution And consequently against the Petition of Right in which he all the Freemen of England if it be granted there be any such hath and have Right and Interest and he humbly claimes his Right accordingly By the Declarations of this Parliament Dec. 15. Jan. 17. 1641. The benefit of the Laws and the ordinary Course of Justice are the Subjects Birthright By the Declarations 12. Iuly 16. Octob. 1642. The prosecution of the Laws and due administration of Justice are owned to be the justifying cause of the war and the end of the Parliaments Affaires managed by their Swords and Counsells and Gods curse is by them imprecated in case they should ever decline those ends By the Declaration 17. Aprill 1646. Promise was made not to interrupt the Course of Iustice in the ordinary Courts By the Ordinance or Votes of Non-addresses Ian. 1648. It is assured That though they lay aside the King yet they will govern by the Laws and not interrupt the course of Justice in the ordinary Courts thereof * And therefore this Respondent humbly averreth and affirmeth That the constitution of this Court is a breach of the Publike Faith of the Parliament exhibited and pledged in those Declarations and Votes to the Freemen of England And upon the whole matter the Respondent saving as aforesaid doth affirme for Law and claimeth as is Right That 1. This Court in defect of the validity of the said Act by which it is constituted hath no power to proceed against him or to presse him to a further Answer 2. That by virtue of Magna Charta the Petition of Right the before recited Declarations he ought not to be proceeded against in this Court but by an ordinary Court of Iustice and to be tried by his Peers And humbly prayeth That this
proceeed against Freemen according to Law by a Jury of their Peeres and not otherwise 2. Authorised to proceed to Triall Condemnation and Execution But not restrained to the manner limitative As to Triall by the Opinion of the Court as Triers Nor exclusive As to Triall per pares But is left in the Manner as in the Judgement it self To the Opinion of the major part of 12. and if they shall think fit to try by a Jury it will be no offence against the Act there being no prohibition to the contrary And though this Respondent insisteth upon his said Right consisting with the Courts said power and the more to induce the Court to grant him his said Right He humbly representeth the wrong done to himself and in him to the Freemanzy of England in the following particulars against their just Rights depending upon such Trialls to be allowed or denied 1. Challenges to his Triers peremptory or with cause of Challenge 2. Seeing hearing and Counter-questioning the witnesses for clearing of the Evidence in matter of Fact and Circumstance 3. The being convicted or acquitted by a Full and fully consented verdict To all which benefits as his undoubted Right and the Right of all the Freemen of England the Respondent maketh claim by these Reasons Laws and Presidents following 1. The benefit of Challenges by the learning of Stanford in his Pleas of the Crown Title Challenge fol. 150. To Challenge 35. without Reason shewed and with Reason shewen without Number Adjudged 32. Hen. VI in Poinings case abriged by Fitzherb Tit. Challenge fol. 26. allowed in Hillary 1. Iac. Sâ— Walter Rawley and Brooks 2. To the hearing and questioning the value and weight of the witnesses The Laws are plain in Stanfords pleas of the Crown fol. 163. 164. Stat. 1. and 2. of Phil. and Mary Chap. 10 11. 1 Ed. VI chap. 12. Cookes 3. Institut pag. 12. upon the words in the St. 25. Ed. III. chap. 2. Provablement atteint Because the punishment was heavy the proof must be punctuall and not upon presumptions or Inferences or streins of wit nor upon Arguments simili or Minori ad Majus c. But upon good and clear proofs made good also by the Stat. 1. Ed. c. 6. 19. Ed. c. 1. 3. A verdict by Jury passeth from all or not at all In this way of proceeding by the Court immediatly it passeth by way of concurrence or voting the great fault found with the Star-Chamber and all Commissionary Courts proceeding without presentment or or Enditement 4. A Verdict passeth from a Jury before discharged upon their Affairs of busines or supplies of Nature to prevent corruption by mony or power In this way of Triall a man may be heard to day and a Sentence given at leasure when the power and will of those by whom the Freeman is prosecuted be first known And from such a proceeding this Respondent can hope little equality he being to his knowledge forejudged already by them And therefore if at all this Honourable Court think fit to proceed to a Triall of this Respondent he claims the Benefit of Triall per pares by Evidence viva voce And rests on the Opinion of the Court saving as formerly Liberty of farther Answer if over ruled And prayes that this his Answer and Salvos may be accepted and Registred Eusebius Andrews Vnumquodque conservatur eodem modo quo fit In novum regnum vi armisque partum redigere atque aliis Novis legibus domanere ac guginare Beberum Meteran in anno 1567. Roidan in anno 1566. Iohn Fraunces Petit. Thuanus Petitioning against Innovations in Government and for the knowne Laws made Treason the like the Parliament Practiseth against such as Petitioned for Peace by accommodation And against our High Court of Justice Arbitrary Imprisonments and Taxes We have forfeited our laws by Conquest or else our Grandees would not passe the two Acts for Treason 14 May 17 Iuly 1649. Nor erect the High Court of Iustice and abolish out ancient Laws and Government See Pol. 3. Oct. 1650. and the Case of the Kingdom stated Compare this with the two Acts for New Treasons 14. May 17. July 1549. and the Act 26. March 1650. and Sr. Jo. Gells case stated Our High Court of Iust. exceedes all this See Sr. J. Gells case stated Printed Aug. 1650. In their Tax Rolls they usually set in the Margent to every name private notes of distinction An M. an N or P. The letter M. stands for Malignant he that is so branded is highly taxed and his complaints for redresse slighted N. stands for a Neuter he is more indifferently rated and upon cause shewn may chanâ—e to be relieved The letter P. signifies a perfect Parliamentarian He is so favourably taxed as he bears an inconsiderable part of the burden and that they may the better consume with Taxes and want all such as do not concurre with them in the height of their villanies The pretended Harliament are now debating to raise the Monethly Tax to 240000. lib or to deprive every man of the third part of his Estate both Reall and Personall for maintenance of their immortall warres and short lived Common-wealth Besides Excise Customes Tonnage and Poundage Freequarter finding Arms and Horses and the sale of Corporation Lands now in agitation Whilest our Grandees enrich all the Banks of Christendome with vast summer raised by publick theft and Rapines See Stat. Recognition 1. Iac. The Oaths of Allegegeance Obededience and Supremacy and all our Law Books This Stat. 25. Ed. III. e. 2. S. Johns against Strafford calls the security of the people And the Stat. 1. Hen 4. chap. 10. Ed. VI Chap. 12. 1. Mariae J. ratify and highly commend They have converted our ancient Monarchy into a Free-State and tell us they are the strate They tell us they have bestowed Liberty upon the People but they and their petty faction onely are the People All the rest of the English Nation are annihilated and reduced to nothing that these fellows may become all things Meere ciphers serving onely to make them of more account And this grosse fallacy must not be disputed against least their New Acts of Parliament call it Treason 1. A Collusive Accommodation 2. An intened Massacre 3. The Engagement 4. The High Court of Iustice See Stat. 5. Ed. VI chap. 11. Cookes 3. Inst. pag. 26. Witnes about 3000. Scottish Prisoners of Warre starved to death at Durham where they eat one another for hunger These were taken at the battle of Dunbar An. 1650. 3. Sept. and many hundred Prisoners have been murdered in Goales with hunger cold nastinesse and contagion after they have been robbed of their Estates and no Crime laid to their Charge This is now become a dayly practise See the Triall of K. Charls I. in the History of Independency 2. Part. p. 19 c. See the Additionel Post script at the Latter end of this Book See Col. Andrews 3 Answers VVhere there is but one witnes It shall be tried by combat before the Earle Martial Cook ibidem 10. Dec. 1650. a New Act passed for establishing an High Court of Justice in Norfolk Suffolk Huntington Cambridge Lincoln and the Isle of Ely c. And so by degrees this gangrene shall enlarge it self all the Kingdom over * They forget the 2. Declarations 9. Febr. 17. March 1648.
and unjust So are these Injuria est quod contra legem fit 7. How can the House of Commons if it were full and free constitute a new unpresidented Court of Iustice nominate and ordain Iudges and enable them to administer Oaths having never had nor so much as pretended to have any power to judge to nominate Iudges or to administer an oath as having never been more then the grand Enquest of the Kingdom humbly to present to His Majesty in a petitionary way the grievances of the people Nemo dat quod non habet 8. Suppose the House of Commons had power of Iudicature delegated to them from the people as their Representative Delegatinon possunt substituere Delegatos et Proâ—estatam sibi concreditam in alios transferre legates can not make subdelegates and transfer their trust to others See Col. Andrews 3 Answers given into this High Court for his defence Printed at the later end hereof 2. My Second consideration will be Of what Persons delegated or commissioned this Court Consisteth The pretended Act 26. March 1650. names 25. Commissioners all which for their better credit it enacteth Esquires amongst whom are four or five that have professed the Law as far as wearing a lawyers gown come too but were better known by their leisure then by their law untill by adhearing to our prevailing Schismaticks in subverting our laws they seem to be eminent lawyers Of Keeble see the Tryall of Lieutenant Col. John Lilburn first and second part Steel cited expired Statutes at Winchester against Captain Burley The rest are for the most part poore ignorant Tradesmen some so young they are but lately out of their Apprentiships others Broken Tradesmen that have compounded with their Creditors some of vilde and base Professions One or two of those Wolvish Saints I hear have with some difficulty escaped the gallows for Manslaying William Wibearde Esquire is a Rope-seller this employment may happily help him to the Hangmans custome William Pemoier Esquire was heretofore an Ape-carrier Cherry-lickom or Mountredinctido Cook a Vintner at the Bear at the Bridge foot he keeps a vaulting schoole for our sanctified Grandees and their Ladyes of the Game If the House of Commons had power to make Judges which I have disproved yet Ex quovis ligno non fit Mercurius They must name such Persons as may be competent Judges And therefore must not choose 1. Ignorant men 2. Nor such as the Law cals Viles Personas men base or contemptible for their Persons or Sordide callings Mechanicks of the lowest rank 3. Persons of Scandalous life and conversations 4. Not Banquerouts and Indigent Persons Necessitas cogit ad turpia 5. Not partiall and preingaged Persons chosen to suppresse another party As these Commissioners are engaged to the present power to suppresse all others 6. Nor such as Schismatically or Heretically affected are seasoned with such Doctrines and Principles as neither agree with the Duties of a good Christian a good Commonwealths man nor a good Judge Which two last Objections not onely these Commissioners but the pretended Parliament that commissioned them are apparently guilty of as being all of the Independent faction conspiring to robb and root out all other Parties Royallists Presbyterians and Levellors For which purpose this New Tribunall or Inquisition is set up Independency being a meer complication and Syncretismus or rather a Sink and Common Sewer of all Errours Heresies Blasphemies and Schisms though they peevishly differ in some inconsiderable Tenents yet having one Generall End or scope at which they all chiefly aym viz. power preferment profit and the suppression of the Truth and Magistracy they have likewise some common principles to soader them together which they use as a Means conducing to that generall End Some few whereof I will here set down for my Readers satisfaction 1. To tollerate no King nor Magistrate Superiour to themselves As being a Tyranny or Bondage over the Christian Liberty of the Saints and Kingdom of Christ Because they know no Christian Magistrate can tollerate them being by the Genius of their Sect enemies to all Civill Societies whether Monarchicall Aristocraticall Democraticall or Mixed as the Kingdome of England was before these men destroyed it Besides their common Doctrine That they are appointed to break the powers of the Earth to pieces To levell the hills and fill up the valleies That they are called To bruise the Nations with a rod of Iron and break them in pieces like a Potters vessell Which they have done in England and threaten the like in France Germany c. whereof their pulpits and discourses sound Observe their Practises in the Low Countries Where having by their spies and Emissaries found out some Burgers of the same humour with themselves They propagated their Doctrine so far as to endeavour To strike the Aristocraticall Members out of that Commonwealth by abetting some of the States Provinciall to lessen and so to abolish by degree The Lords States Generall the Optimates of that State To ruine the Prince of Orange to whose Family they owe their Liberty To dissolve the Generall Vnion of the said Vnited Provinces and so take in pieces the whole Frame of that Republike To say nothing of their Insolencies in fighting and killing their men because the Belgike Lion will not strike saile to their Crosse and Harp and in blowing up the Antelope in Helversluice Which shews what good Neighbours Holland and other parts are like to have of the New State of England and Ireland when they have made themselves intirely by the purchase of Scotland that is born like our English Richard the 3. with Teeth in its head and snappeth at its Neighbours before it be out of its Swadling clouts This is the cause that Cromwell before he set saile for Ireland caused his Journey-men the pretended Parliament To passe an Act for tolleration of all Errors Heresies and Schisms under the Notion of liberty of Conscience and Ease for tender Consciences 2. Their second principle is That the good things of this World belong only to the Saints that is themselves all others being usurpers thereof and therefore they may rob plunder sequester extort cheat and confiscate by illegall Laws of their own making by extrajudiciall Courts and partiall Judges of their own constituting other mens Goods and Estates upon as good Title as the Jews spoiled the Aegyptians or expelled the Canaanites 3. Their third principle That the Spirit which sanctifies and illuminates these men in every particular man blows when and where it will sometimes this way sometimes that way often contrary wayes And therefore they can make no profession of any certain Rule of Doctrine or Discipline because they know not which way the Spirit will inspire For this reason they are still pulling down old and setting up new Doctrines as the Nomades do Cottages only constant in unconstancy They professe their consciences are the Rule and Symbol both of their Faith and Doctrine by this Leaden Lesbian