Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	court_n	king_n	plea_n	3,508	5	9.7258	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88212	The legall fundamentall liberties of the people of England revived, asserted, and vindicated. Or, an epistle written the eighth day of June 1649, by Lieut. Colonel John Lilburn (arbitrary and aristocratical prisoner in the Tower of London) to Mr. William Lenthall Speaker to the remainder of those few knights, citizens, and burgesses that Col. Thomas Pride at his late purge thought convenient to leave sitting at Westminster ... who ... pretendedly stile themselves ... the Parliament of England, intrusted and authorised by the consent of all the people thereof, whose representatives by election ... they are; although they are never able to produce one bit of a law, or any piece of a commission to prove, that all the people of England, ... authorised Thomas Pride, ... to chuse them a Parliament, as indeed he hath de facto done by this pretended mock-Parliament: and therefore it cannot properly be called the nations or peoples Parliament, but Col. Pride's and his associates, whose really it is; who, although they have beheaded the King for a tyrant, yet walk in his oppressingest steps, if not worse and higher.	Lilburne, John, 1614?-1657.; Lenthall, William, 1591-1662.	1649 (1649)	Wing L2131; Thomason E560_14; ESTC P1297; ESTC R204531	104,077	84

I am acquitted thereby my Lords by the Law of England from any more question about that 〈◊〉 although it should be granted I was never so guilty of it Unto which they replyed to my remembrance in these words A pox on you for a cunning subtill Rogue are you so cunning in the Law that we cannot lay hold of you here but yet for all your parts we will have you to the gallows for leavying Warr upon the traiterous commands of the Parliament against the King● And here ●aid they wee are sure the ●aw will reach you Whereupon I was immediately a●ter laid in●●●tons and brought to the Bar before the Lord Chief Justice Heath Sir Thomas Gard●ed Recorder of London c. and by Indictm●●t a●●o●ding to the rules of the Common Law a●r●igned for a traytor for levying War in Oxf●●dsh●●e against the King But my Plea to the businesse of W●stminst●r and the P●enti●●● was admitted for good law That being once judiciall●●●ed and acqui●ted I could no more be troubled therefore neith●r indeed was ● But according to the punct●li●es of the Law they gave me all the lair play in the world that the Law would allow me s●ffering me to say for my self at the Bar what I pleased releasing me of my close imprisonment and i●ons and allowed me pen ink and paper which the Jaylor kept from me upon my pleading before the Judge such usages being altogether contrary to law and that no such usage ought to be exercised in the least upon any prisoner whatsoever that w●● 〈◊〉 bea●●ly rude in his imp●●lonment and that no supposed ●raitore● 〈◊〉 by law could be put to any pa●● or torm●nt before co●riction And truly Colonel Te●●le I shou●d be very sorry and blush for shame 〈◊〉 considering my ●●rong zeal in the Parliaments cause to see the day that the Parliament of England a● least th●se that so stile themselves that hath pretended so much righ●●●●ness and justice should be no more just to the Covaliers against whom they have fought for injustice and and oppression in denying them the benefit of the Law ●h●n they are in their power and mercy then the Kings Jadges were to me and other of your prisone●● when their lives were in their power and mercy in the hight of War and of their 〈◊〉 prosperity and yet granted us the benefit of Law in all things we claimed it in as Capt. Vivers of B●n●ury arraigned with me can witnesse as well as my self Now Sir to make application the Parliament not long since when in its po●e● it was more a●un●●ntly unquestionable then now it is after its new force cond●●●●ed CAPEL HAMBLETON HOLLAND c. to banishment for the very 〈◊〉 now to their charge an● th●refore in Justice and Law cannot a second time cause them to be adjudged to die for the ve●y same things It s nothing to me nor to the King●om for you to say that when that J●dgment pass'd they had so many friends sitting in the House as over-voted the honest Common-wealth's-men to the pr●judice thereof for the maj●r part is Parliament or else th●re ●s no parliament Therefo●e Sir I reason thus E●ther that wherein that Judgment pass'd was a parliament or no Parliament ●if a Parliament then their judgment ●s to themselves especially was binding and the benefit of it they ought not to deny to them whose live● are cons●rved in it 〈◊〉 it were unjust in it self ●● to the Nation But if you or any other man shall say it was no Parliament as having forfeited their trust in treating with the King again and so their Judg●●nt not valid then with much more confidence say I this that now fits is no Parliament and so by consequence the High Court of Justice no Court of Justice at all and if for then to execute them upon their Judgment is absolute Murder But I would fain see that honest and valiant man in your House that du●st pretest against them for no Parliament But Sir besides this mark the consequence of it to all we Parliamenteers that have acte● under you and by vertue of your commands by these Proceedings First You have sold the Bishops Lands and given them th●● bought them as they suppose good security for their quiet enjoyment of their P●rchas●s I but within a little wh●le after part of the very same Parliament alters their mindes and being becom●th ma●or part by forcible Purgations illegall new Recruits or by any other ●ricks ●●●●vi●es and they vote all those barg●ins are unjust and the Purchasers ought to lose both ●e●r Land and M●n●y where is then that stable security of Parliaments And yet such doings would be as just as your present dealings with CAPEL c. whose preceden● 〈◊〉 a precedent for that and much more of the same nature B●t secondly The sam● Parliament that condemded Capel c. to B●nishment pass'd mul●itudes of Compositions with severall Cav●lier● as guilty of T●eason in the 〈…〉 of it ●s they And by the same rule●o● now cond●●n CAPEL 〈◊〉 after you have judged them to banishment you ●●y adjudge all the compounding C●v●●eers to ●●●ange● after you have adjudged them to composition and so put the Kingdom by 〈…〉 people desperate in an everlasting flame that never will have end bec●●se 〈◊〉 is ●o certainty in any of your proceedings but are ●s changeable as the wind th●● 〈◊〉 〈◊〉 Thirdly and most principally it is a common maxim● in Law and Reason both and so declared by your selves 1 part Book Declarat page 281. That those that shall guide thems●lves by the judgment of Parliament ough● what-ever happen to be secure and free from all account and penalties B●t divers honest men as you now judge them ●ave acted and gu●ded themselves by the judgment of Parliament as they account y●u in taking away the King's life and y●t by your dealings with CAPEL c. they are liable to be hanged as ●rayt ●s 〈…〉 a major part of your very House by force or other 〈…〉 shall vote that act 〈◊〉 and all the Actors therein Traitors So that Sir if I have any judg●●n● in ●●e by his very single act towards them you shake the v●ry to●ndation of the validity of all the Parliam●nts Decrees and Judgments at once and m●ke 〈◊〉 all the Se●uri●y and ●ndemnity that those in ●q●●ty ought to enjoy that have acted by you commands a●d guided themselves by the judgment o● Parliament By mea●● of which you will finde in time you have demolished your own Bulwarks an destroyed your own Fences And for time to come for my part I shall be a tho●sand times more wary how I obey all your Commands then ever I was in my life se●ing yo● are so fickle and unstable that no man knows rationally where to find you or fixedly to what to hold you But if you shall object as some do That that judgment of B●nishment was onely in ●●ference to the peace with the King and that being broke yo● are absolved

souls they have freely adventured their lives and so carried themselves in all their actions towards you that all their adversaries are not able nor ever were to lay in law my crime to their charge for the redresse of all the foresaid grievances and yet the best recompence you your selves give unto them is to toffe and tumble them yeer after yeer from Gaol to Gaol without laying any crime unto their charge denying them the benefit of their Birth-right the Law of the Land keeping thousands of pounds of their own from them and endeavouring in their long imprisonments to starve and murder them their Wives and Children by being worse then the King was to your Members who allowed them three foure and five pounds a man weekly notwithstanding their own great estates to live upon in allowing them never a penny to live upon endeavouring to protect all those unrighteous men that contrary to Law have endeavouted to murder and destory them and take away their lives and beings from the earth And all this is my own case and sufferings from you your selves Therefore Hear O Heavens and give ear O Earth and the righteous God and all just men judge betwixt ●● And therefore if there be any truth or resolutions in you to stand to any thing that you say and declare I challenge at your hands the benefis of all your Declarations and Remonstrances which are all of my side and particularly the notablest of Declarations of the 6 of May 1643 and 17 April 1646. which was made before my contest with the Lords in which you declare 2 par Book De. fo 95. 879 that although the necessity of war have given some disturbances to loyall proceedings stopped the usuall course of justice 〈◊〉 the Parliament for the preservation of this right to impose and require many great and unusual payments from the good Subjects of this Kingdom and to take extraordinary wayes for the procuring of monyes for their many pressing occasions It having pleased God to reduce our affaires into a more 〈◊〉 condition then heretofore We do declare that we will not nor any by colour of any authority derived from us shall interrupt the ordinary course of Justice in the severall Court of Judicatures of this Kingdom not intermeddle incases of private interest otherwhere determinable unlesse it be in case of male administration of Justice wherein we shall so provide that right be done and punishment inflicted as there shall be occasion according to the Law of the Kingdom and the trust reposed in us Therefore seeing that you that stile your selvs the fountain and conserva●●ry of the Law first par Book Declar. pag. 272 have declared in answer to the Kings Complaint against scandalous pamphlets which was the originall pretence of the Lords quarrelling with me that you know the King hath wayes enough in his ordinary Courts of Justice to punish such seditious 〈◊〉 and Sermons as are any way prejudiciall to his rights honour and authority pag. 208. and if the King the Superior or Creator of the Lords must be tyed in this case to the ordinary Courts of Justice according to the Laws of the Kingdom then much more the Lords the creature or inferiour to the King And therefore I hope you will not be angry with me for refusing obedience to the illegall commands of the single Lords the inferious or hinder me from obtaining Justice according to Law upon those that most barbarously executed them upon me seeing you and the Lords themselves have taught me and all the people of England disobedience to the illegall commands of the King the greater as cleerly appears by your Declarations of July the 12 July 26 1642. 1 par Book Decl. p. 201. 458. 483. The words of which last are That the Lords and Commons in Parliament do Declare That it is against the Laws and Liberties of the Kingdom that any of the Subjects thereof should be commanded or compelled by the King to attend him at his pleasure but such as are bound thereunto by speciall service And if any Messengers or Officers shall by colour of any command from his Majesty or Warrant under his Majesties hand arrest take or carry away any of his Majesties Subjects to any place whatsoever contrary to their wils that it is both against the Law of the Land the Liberty of the Subject and it is to the disturbance of the publick Peace of the Kingdom and any of his Majestie 's subjects so arrested may lawfully refuse to obey such Arrests and Commands To the same purpose you also were and declare in pag. 93. 95. 112. Therefore seeing the Law of the Land is so often by you declared to be the undoubted Birth-right of me as well as the greatest Lord in England or Parliament man whatsoever I earnestly crave and challenge at your hands as much for my self as you did at and from the hands of the King for the Lord Kimbolton and the five Members Sir John Hothan and the Lord Maior Pennington Alderman Foulke Col. Vean and Col. Manwaring viz. the benefit of the Law of England in the ordinary Courts of Justice which is not to be taken or imprisoned pass'd upon nor condemned but by due Processe of Law before a Justice of Peace according to the Law of the Land and not to be imprisoned but for a particular crime in Law expressed in the Commitment by those that have power in Law to commit me nor to be tried or condemned but by presentment c. before a Jury of twelve men of my Peers or equals of the same Neighbourhood where the fact was committed which is as you declare by Sir Edward Cook in 4 part Institutes fol. 41. the ancient and undoubted Birth-right of all the Subjects of England and to have my remedy at Law against all those that shall deal with me contrary to Law And that you challenged all these things for them before-mentioned you may read in your own Declarations pag. 7. 38. 39. 41. 53. 67. 77. 101. 123. 140. 162. 201. 203. 208. 210. 245. 277. 278. 459. 660. 845. All which I cannot doubt but you will grant unto me because it cannot rationally enter into my brest to conceive that you your selves can judge it consonant to Justice to set me and thousands and ten thousands of the people of the Kingdom to fight at your command for the preservation of our birth-right the Law and then for you to deny it unto us and deprive us of it and to recompence us with slavery which we are in when we lose the benefit of the Law Surely this cannot in honour and justice become you that call your selves the Conservators of the Law But if you shall avowedly deny me the benefit of the Law you frustrate your end in making Judges to be in Westminster Hall to execute the Law and put a mock upon the people and dissolve the whole frame and constitution of the civill Policy of the Government of this

shall m●ch rather wish That the Authority of this Kingdom in Parliament rightly constituted that is freely equally and successively chosen according to its orteinall intention may ever st●nd and ●ave its ●ourse And ther●fore we shall apply our selves chiefly to such things ●● by having Parliaments setled in such a right constitution nay give most hope● of Justice and Right●ousnesse to flow down equally to all in that its Ancient ch●●nell without any overtures tending either to OVERTHROW that ●●undation of Order and Government in this Kingdom or TO INGROSS THAT POWER FOR PERPETUITY INTO THE HANDS OF ANY PARTICULAR PERSONS OR PARTY WHATSOEVER And for that purpose though as we have found it doubted by many men minding sincerely the publique good but not weighing so fully the consequences of things it may and is not unlike to prove that the ending of this Parliament and the election of a New the constitution of succeeding Parliaments as to the persons Elected may prove for the worse many weyes ye● since neither in the present purging of this Parliament nor in the Election of a New we can promise to our selves or the Kingdom and asurance of Justice or other positive good from the bands of men but those who for present appear most righteous and most for common good having an unlimited power fixed in them du●ing life or pleasure in time may become corrupt or settle into parties or factions or on the otherside in case ●f new Elections those that should succeed may prove as bad or worse then the former We therefore humbly co●ceive that of two inconveniences the lesse being to be chosen the main thing to be intended in this case and beyond whi●h humane providence cannot reach as to any assurance of positive good seem to be this viz to provide that however unjust or corrupt the persons of Parliament men in present or future may prove or whatever ill they may doe to particular parties or to the whole in particular ●●ngs during their respective termes or periods yet they shall not have the temptation of an ●●●imited power fixt in them during the●r owne pleasures whereby to perpetuate injustice or oppression upon any without end or remedy or to advance and uphold any one particular party faction or interest whatsoever to the oppression or prejudice of the Community and the enslaving of the Kingdom unto all posterity but that t●e people may have an equall hope or possibility if they have made an ●ll choice at one time to mend it in another and the Members of the House themselves may be in a capacity to taste subjection as well as rule and may be so inclined to consider of other mens cases as what may come to be their own Thus we speake in relation to the House of Commons as being intrusted on the Peoples behalfe for their interest in that great and supreme power of the Common wealth viz. the Legislative power with the power of finall Judgement which being in its own nature so arbitrary and in a manner unlimited unlesse in point of 〈◊〉 is most un●it and dangerous as ●o the peoples interest to be 〈◊〉 in the 〈…〉 the sa●e men during life or their own pleasures Neither by the originall 〈◊〉 of this State was it of ought to continue so nor does it wherever it is 〈◊〉 continues soe render that sta●e any better then a mee● tyranny or the people subjected to it any better then vassals But in all States where there is any f●●● of common freedom and partic●larly in this State of England as it is most evid●●● 〈…〉 many positive laws and ancient constant custome the people have a right to 〈…〉 successive Elections unto that great and supream trust at certain 〈…〉 time which is so essentiall and fundamentall to their freedom as it is ●●not or not to be denied them or witheld from them and without which the House of Commons is of very little concernment to the interest of the Commons of England Yet in this we could not be understood in the least to blame 〈◊〉 worthies of both Houses whose zeale to vindicate the Liberties of this Nation did 〈◊〉 that Act for the continuance of this Parliament wherby it was secured from 〈◊〉 dissolved at the Kings pleasure as former Parliaments had been or reduced to 〈◊〉 a certain●y as might enable them the better to assert and vindicate the Liberties of this Nation immediately before so highly invaded and then also so 〈◊〉 ●●dangered and those we take to be the princip●ll ends and grounds for which 〈…〉 exigency of time and affairs it was procured and to which we acknowledge it hath happily been made use of but we cannot thinke it was by those Worthies intended or ought to be made use of to the perpetuating of th●●●●pream trust and power into the persons of any during their owne 〈◊〉 or deb arring of the people from their right of elections totally new But it here it should be objected although the King be dead yet the Parliament 〈◊〉 altered the Government into a Common-wealth and so may if they please cha●●e the Constitution of Parliaments To which I answer Fi●st that those company of men at Westminster that g●●e Commission to the High Court of Justice to try and behead the King c. were ●o more a Parliament by Law nor a Representative of the people by the rules of Justice and Reason then such a company of men are a Parliament or Representative of the People that a company of armed Theeves chuse and set apart to try judge 〈◊〉 hang o● behead any man that they please or can prevail over by the power of their swords to bring before them by force of arms to have their lives taken away by pre●●●ce of Justice grounded upon rules meerly flowing from their wils and swords for I would fain know any Law in England that authoriseth a company of Servants to punish o● correct their Masters or to give a Law unto them or to throw them at their pleasure out of their power and set themselves down in it which is the Armies case wi●●●●e Parliament especially at THO. PRIDES late Purge which I call and will 〈◊〉 to be an abs●lute dissolution of the very essence and being of the House of 〈◊〉 and I would fain see any Law or Reason in Writing or Print to justifie th●● a 〈◊〉 upon my other a●●●unt then in hindering them from raising a new Warr and fro● destroying he peoples Liberties by their eternall sitting seeing they keep their power ●●●ger by fa● then their Masters or impowers the people intended they should and also employ it to their mischief by hindering them I mean those that had not acted agai●●● the Liberties of the Parliament entering into a mutuall engagement to appoint 〈◊〉 whereby to chuse seeing they cannot all meet in one place themselves and i●power new Trustees Commissioners or Represento●s to make equall and just Lawes to bi●● all and provide for their future well-being there being

The Legall Fundamentall LIBERTIES OF THE PEOPLE of ENGLAND Revived Asserted and Vindicated OR An EPISTLE written the eighth day of June 1649 by Lieut. Colonel JOHN LILBVRN Arbitrary and Aristocratical prisoner in the Tower of London to Mr. William Lenthall Speaker to the remainder of those few Knights Citizens and Burgesses that Col. Thomas Pride at his late purge thought convenient to leave sitting at Westminster as most fit for his and his Masters designes to serve their ambitious and tyrannical ends to destroy the good old Laws Liberties and Customs of England the badges of our freedom as the Declaration against the King of the 7 of March 1648 pag. 23. calls them and by force of arms to rob the people of their lives estates and properties and subject them to perfect vassalage and slavery as he cleerly evinceth in his present Case c. they have done who and in truth no otherwise pretendedly stile themselves the Conservators of the peace of England or the Parliament of England intrusted and authorised by the consent of all the people thereof whose Representatives by election in their Declaration last mentioned pag. 27. they say they are although they are never able to produce one bit of a Law or any piece of a Commission to prove that all the people of England or one quarter tenth hundred or thousand part of them authorised Thomas Pride with his Regiment of Souldiers to chuse them a Parliament as indeed he hath de facto done by this pretended mock-Parliament And therefore it cannot properly be called the Nations or Peoples Parliament but Col. Pride's and his associates whose really it is who although they have beheaded the King for a Tyrant yet walk in his oppressingest steps if not worse and higher JOHN 7. 51. Doth our Law judge any men before it hear him and know what he doth ACTS 24. 23. And he commanded a Centurion to keep Paul and to let him have liberty and that he should forbid none of his acquaintance to minister or come unto him although in ver 5. he was accused for a most pestilent fellow and a mover of sedition throughout all the world ACTS 25. 27. For it seemeth to me unreasonable saith the heathen Judge to send a prisoner and not withall to signifie the crimes laid against him ACTS 28. 30. And Paul IN HIS IMPRISONMENT AT ROME UNDER THE HEATHEN PERSECUTORS dwelt two whole years in his own hired house and received all that came in unto him LONDON Printed in the grand yeer of hypocriticall and abominable dissimulation 1649. SIR FOr distinction● sake I will 〈◊〉 stile you Mr. SPEAKER although it be but to Col. Pride's 〈…〉 Parliament sitting at Westminster not the Nation 's for they never gave him Authority to issue out Writs elect or constitute a Parliament for them and you being their mouth I could not think of any man to whom I could better direct my Lines at 〈…〉 in my gr●●t Oppressions by You and your Lord and Master CROMVVEL then your self And therefore cannot now chuse but put you in minde That the 4th April 1648. when I was like unjustly to be destroyed by Mr. Oliver Cromwell in my late unjust and tyrannicall Imprisonment in the Tower I writ you a large Epistle and stiled it in print The prisoners Plea for a Habeas corpus in the 9 10 11 12 13 pages of which I positively accuse Mr. Oliver Cromwell for a wilfull murderer and desire you there to acquaint your House therewith who then had some little face of a Parliament stamp upon it and That I would engage upon my life to prove him to be so by Law You your selves in your Declaration of the 4th March 1647. in answer to the Scotch-Commissioners Papers Declare p. 5. 16. that the subduing the enemies forces in the Nation which then were as you there say wholly subdued suppressed though the Parliament keep up an Army in a time of peace when all the ordinary Courts of Justice were open where only and alone all Law and Justice ought to be dispensed to all Englishmen in all cases whatsoever yea even to Soldiers as well as others as in the aforesaid pages and in Mr. Overtons and My printed Epistle to the Generall in Mr. Lockiers behalf of the 27 April 1649. is by Law undeniably proved which Epistle you may read at the last end of the second Edition of my Pictur● of the 〈◊〉 to of State And yet about or upon the 15 Nov. 1647. your W●re in Hertford-shire He 〈◊〉 wilfully and of●et-malice murdered Rich. Arnell a freeborn Englishman and so shed the bloud of War in the time of Peace which was Joabs case in reference to Abner and Amasa 2 Sam. 3. 27. and 20. 10. of whom when David delivered his charge to his son Salomon he saith thus Moreover thou knewest also what Joab the son of Zervich did to me and what he did to the two Captains of the best of Israel 〈◊〉 Abner the son of Ner and unto Amasa the son of Jother whom he slew and shed the blood of war in peace and put the blood of war upon his girdle that was about his loins and in his sho●s that were on his feet Doe therefore saith he recording to thy wisdom and he not his bo●ry head get down to the grave in peace 1 Kings 2. 5 6. which charge he accordingly performed and so delivered himself and his Fathers house from the guilt of innocent blood ver 29 30 31 32 33. And you may also remember that upon the 19 of Jan. 1647 at your Barr I openly delivered a formal charge or impeachment of high Treason according to your own Ordinances against the foresaid Mr. Oliver Cromwell and his subtil machevilian son-in-Law Mr. Henry Iveton for their notorious doing that in reference to the King for but the petty acting of which in comparison to theirs they impeached Mr. Denzill Hollis Sir Philip Stapleton c. of high Treason as appeareth in their own Book of Declarations pag. 81 82. Article 2 3. and forcibly expunged them your House as Traytors therefore And in the foresaid pages of my plea for a Habeas Corp●●● I truly acquaint you with the plot and design Master Cromwell laid to take away my life for but a little opposition to the King whose professed and avowed 〈◊〉 he and his The PLEA it self thus followeth May it please this Honourable Committee I Was commanded by you upon Tuesday the 13 day of this present June 1648 to bring in an Answer this day to the Petition and complaint of Henry Wollastone Kepeer of the prison of Newgate in which Petition he complains that I have brought an action at the common Law against him for detaining me in safe custody according to his duty by vertue of a Warrant from the House of Lords and therefore prayes indemnity for his acting therein in obedience to the Authority of Parliament and his trebble damages and that at common Law there may be no further

and the ● part Cooks Reports in Dr. Bo●hams case See the Army Book Declarat pag. 35. ●9 61. 63. 143. First therefore let us begin with Common Right and we shall easily see this perpetuall Act is against that For it is against common Right that indebted men as most if not all Parliament men ar● should not pay their debts Or that if any Member of ●●●liament do any of the People of England w●ong as daily they do by unjust and 〈◊〉 r●●●ble 〈◊〉 of him o● them of hi● la●d or disp●ssessing him of his goods 〈…〉 of his fame or doing violence to his person by beating wounding or imprisoning c. that 〈◊〉 sons during their lives by a priviledge of Parliament that was intentionally 〈◊〉 and just in its institution when Parliaments were often and short should be 〈◊〉 and s●●●red from all manner of question at the Law by any parties so wronged by them is absolutely against common Right Nay and more That this should extend 〈◊〉 ●●ltitudes of persons besides that are their servants or attendants and also that any o● all of these shall have the benefit of the Law in any Court of Justice in England at their pleasure against any man whom they shall pretend wrongs them are such trans●●de●● and grievous enormities that common Right abhors and yet this with a thousand 〈◊〉 as much more as bad as these are the fruits of a perpetuall Parliament if they please which tends to the utter destruction of all mens Actions reall personall or mixt who have ●o do with Parliament men as appears expresly by the Statute of Limitations of the a● of James chap. 16. which strictly confines all manner of Suits to be commenced within 〈…〉 after the occasion given Secondly For common Reason Parliaments were ordained and instituted as is before truly and legally declared for remedies to redresse publick and capitall griev●●ces th●● 〈◊〉 where else could be redressed but it is against reason and the very end of the Institution of Parliament that Parliaments should make and create multitudes of publike and insufferable grievances The law of the Land allowes no protection for any ma● i●ployed in the service of the Kingdom but for a yeer at most as to be free from Sui●s and in many Suits none at all howbeit he be in such services But a perpetuall 〈◊〉 may prove a protection in all manner of wickednesse and misdea●●eanours 〈◊〉 against other men not of the Parliament amongst any of whom they may pi●k and chuse whom they please to ruinate and destroy and that no● for a yeer but for ever which is against all manner of Reason or the shadow or likenesse of it And therefore a● 〈◊〉 Sir Henry Vane said against Episcopal Government in the beginning of his larg● 〈◊〉 of the 11 of June 1641 now in print at a Committee for passing the Bill against ●●●●pall Government so say I of an everlasting or of any Parliament that shall do 〈◊〉 you have done in largely sitting beyond the time of your Commission c. That 〈…〉 thing is destructive to the very end for which it should be and was constituted to be 〈…〉 onely so but does the quite contrary as your House in every particular doth cer●ai●ly we have cause sufficient enough to lay it aside and not onely as uselesse in that it 〈…〉 its end But is dangerous in that it destroyes and contradicts its end Thirdly For Imp●ssibilitie The death of th● King in law undisputably dissolves the Parliament spoken of in the foresaid act which is pretended to be perpetu●ll for 〈◊〉 Writ of Summons that is directed to the Sheriffs by vertue of which Parli●●●●● 〈◊〉 are chosen runs in these words King Charles being to have conference and 〈…〉 c upon such a day about or concerning as the words of the T●ie●●●ial Act hath it the high and urgent affairs concerning his Majestie and he writes US the State and the 〈◊〉 of the Kingdom and Church of England But I would fain know how it's possibl● for a Parliament to confer or treat with King CHARLES now he is dead it 's impossible Se● 2 H. 5. Cook in Parl. 3. part And therefore the whole current of the Law of England yea Reason it self from the beginning to the end is expresly That the Kings death doth ipso facto dissolve this Parliament though it had been all the time before 〈◊〉 so intire and unquestionable to that very hour and it must needs be so he being in Law yea and by the authority of this very Parliament st●led the head the begi●●ing and end of Parli●ments See Co●ks 4 part Institutes fol. 1. 3. Mr. Py●●'s for 〈…〉 Stra●●ord pag. 8. S. John's forementioned argument against Strafford pag. 42. And therefore as a Parliament in l●w 〈◊〉 begin without the 〈…〉 in it 〈◊〉 person 〈◊〉 representatives Cook ibid. so 6. so it is pos●●ively 〈◊〉 by his 〈◊〉 〈◊〉 thereby not only the true declared but intended end of their assembling which 〈◊〉 〈◊〉 〈◊〉 and confer with King CHARLES is ceased and thereby a final ●nd is put 〈◊〉 the means that are appointed to attain unto that end And therefore it is as 〈◊〉 for this Parliament or any Parliament to continue as long as they please a● for a Parliament to make King Charles alive again Fourthly For Repugnancy That which is but for a time cannot be affirmed to have continuance for ever it is repugnant but this Parliament in the intention of the makers of the Act was to be but for a time not above a yeer at most after the d●●e of the Act as is before proved and declared from their own words And therefore it cannot be reputed perpetual for there is a repugnancy betwixt them Again The King's Writ that summoned this Parliament is the Basis in law an● Foundation of this Parliament If the Foundation be destroyed the Parliament falls But the Foundation of it in every circumstance thereof is destroyed And therefore the thing built upon that Foundation must needs fall It is both a Maxim● in Law and Reason But if it be objected The Law of Necessity requires the continuance of the Parliament against the letter of the Law I answer First It s necessrry to consider whether the men that would have it continue as long as they please be not those that have created the necessities on purpose that by the colour thereof they may make themselves great and potent and if so then that Objection hath no weight nor by any rules of Justice can they be allowed to gain this advantage by their own fault as to make that a ground of their justification which is a great part of their offence And that it is true in it self is so obviou● to every unbiased knowing eye it needs no illustration but if it shall be denyed by any of their pens if God please to give further opportunity I shall prove it to the full Secondly I answer There can no necessity be pretended that can be

justifiable for breach of trusts that are conferred on purpose for the redresse of mischiefs and grievances when the trust is perver●●d to the quite contrary end to the increase of mischiefs and grievances yea to the subversion of Laws and Liberties I am sure Mr. Pym by their command and order told the Earl of Strafford so when he objected the like and that he was the King's Counsellor and might not be questioned for any thing he advised according to his conscience But ●aith Mr. Pym pag. 11. He that will have the priviledge of a Counsell●●r must keep within the just bounds of a Counsellour Those matters are the p●oper subjects of Counsel which in their times and occasio●s may be good or beneficiall to the King or Common-wealth But such Treasons a● th●se the subversion of the Laws violation of Liberties they can never be good or justifiable by ●ny circumstance or occasion and therefore saith he his being a Counsellour makes his fault much more 〈◊〉 o● being committed against a GREATER TRUST And in pag. 12. he answers another excuse of his which was That what he did he did with a good intention It s true saith Mr Pym Some m●●ers ●●●tfull and dangerous may be accompanied with such circumstances as may m●ke it appear usefull and convenient and in all such cases good intention will justifie 〈◊〉 ●●unsell But where the matters propounded are evill in their own nature such a● the matters are with which the Earl of Strafford is charged viz. To BREAK A PUBLICK FAITH to sub●ert Laws and Government they can never be justified by any intentions h●● specious or good s●●ver they pretended And that they have perverted the ends of their Trust more then eve● Str●●●ord did I ●●●ll instance at present but in 3 parti●●lars the main 〈◊〉 of their 〈…〉 the People ●f their grievances and what their Grievances were 〈…〉 in the Parliaments first Re●●●strance of the st●te of the Kingdom First destruction of 〈◊〉 Trades by Monopolize c. Secondly exhausting of their estates to maintain and promote pernitious designes to their destruction Thirdly their essentiall Liberties 〈◊〉 Freedoms quite destroye● Where is the remedy now hath not the Parliament contraty to that excellent Law against Monopolize of the 21 Jame Chap. 3. of 〈◊〉 erected Monopolise by O●dinances Orders and Votes although in the first month of your sitting you made Orders to throw down Monopolizers out of your House as particularly Whale Oyle White sine Wyer Ty●n with many others yea a●d co●in●ing of the old Mon●polies Merchants Companies that Trade beyond se●● yea and set up for 〈◊〉 that Monopoly of all Monopolies the Excise the bare endevouring of which they call●● unjust and pernitious attempt in the King in the fore-mentioned Declar. pag. 6. And then for exhausting of their estates the King did it by a little Shipmony and Monopolies c but since they begun they have raised and extorted more mony from the people and nation then halfe the Kings from the Conqueror ever did as particularly 1 By Excise 2 Cont●tbu●ions 3 Sequestrations of lands to an infinite value 4 Fifth P●ts 5 Twenty parts 6 Meal●n●ony 7 Sa●le of plundered goods 8 Loanes 9 Benevoknces 1● Collections upon their sost dayes 11 New Impositions or Customes upon Merchandse 12 〈◊〉 maintained upon the charge of p●●●ate men 13 Fifty Sub●dies at one time 14 〈◊〉 with Delinquents to an infinit● value 15 Sale of Bishops Land● 16 Sale of D●a● and Chapters Lands and now after the wars are done 17 Sale of King Queen Prin●e Duke and the rest of the C●ildrens revenue 1● Sa●le of their r●ch goods which cost an infinite sur●●● And 19 To conclude all a t●x●tion of ninety thousand pound a mo●th and when they have gathered it pretendedly for the Common-wealthes use divide it by thousands and ten thousands apeece amongst themselves and wipe their mouths after it like the impudent Ha●●ot as though they had done no evill and then purchase with it publique lands at small and triviall values O Brave Trustees that have protested before God and the w●r●d againe and againe in the day of their st●aits they would never seck themselves and yet besides all this 〈◊〉 all the chiefest and profit●blest p●aces of the Kingdom ●mongst themselves And then thirdly what regulating of Courts of Justice and abridging of delayes and charges of Law 〈◊〉 have they performed as in their first Remonstrance they promised Nay are they 〈◊〉 worse then they were before the wars and besides then High-Comm●ssion Star-Chamber and Counsel board were all downe and have they not now made a Star-Chamber High-Commission and Councel-Board of most of their petty Committees but most dreadfull ones of the House and their New-Councel of State as is evident to be seen in my Comrades and my illegall and arbitrary imprisonment and cruel close imprisonment Thirdly Nay have we at all any Law left Master Peters your grand Teacher 〈◊〉 lately to my face we have none but their meer wils any pleasures saving Fell●●s La●● or Ma●tiall law where men-Butchers are both informers Parties Jury-men and Judges who have had their hands imbr●ed in bloud for above this seven yeares together having served ●●●●●●t●ship to k●lling of men for nothing but mony and so are mo●e bloudier then Butchers th●● 〈…〉 and calve for their own livelihood who yet by the Law of England are net 〈◊〉 ●●●● of any Jury fa●l●se and death because they are conversant in shedding of bloud of beasts 〈◊〉 thereby through a habit of it may not be so tender of the blood of men as the 〈◊〉 ●f England ●eason and Justice would have men to be Yea do not these men by their swo●●● being but servants give what law they please to their Masters the pretended Law-makers of your house now constituted by as good and ●egall a power as he that r●b● or kil●s a man upon the high-way But to conclude this tedious point I shall end it with such an Authority as to th●● ruling men in your House must needs knock the Nail on the ●ead and that is with the Declaration of the Army Your Lords M●sters L●w givers and 〈◊〉 who in their most excellent of Declaratrons of the 14 of June 1647. About the just and fundamentall rights and liberties of themselves and the Kingdom page 40 41 42. of their book of Declarations after they have sufficiently cryed out of Stapleton and his party for abusing deluding and over-swaying the house from their true end for which they were assembled together say thus But yet we are so far from designing or complying to have an abso●ute or arbitrary power fixed or settled for continuance in any persons whatsoever a● that if we might be sure to obtain it we 〈◊〉 wish to have it so in the persons of any whom we could must confide in or who should appear mo●● of our own opinions and principles or whom we might have most personall assurance of or interest in b●t we do● and

Corporation although the King the root and 〈◊〉 of them be destroyed and although I am not onely a Native and free Denizen of England and served many yeers to learn a Trade in London yet in any considerable Corporation in England can I not with indrustry be suffered to follow a Trade or Merchandizing to get me bread unlesse I be a Free man thereof yea Newcastle the chiefest place in my eye being nigh the aboad of my Father and kindred is so grand i●haunsing a Monopol●zer that it monopoliseth the River of Time yea and the 〈◊〉 for seven miles distance although it can produce neither Law nor Reason therefore 〈◊〉 onely a large bribing purse of the whole Corporation which they in that Town say is so heavie it will break any private particular mans back which yet I should 〈◊〉 have feared had there been any equall Law to have been had from the Administration thereof in any of the Courts of Justice in England being as well able at least in my own thoughts to plead my own case in Law at any Bar against an inhaunsing Corporation or a Patentee Monopolizer both of which are against the fundamentall Law● and Liberties of England as is notably proved by Cook in his exposition of the 〈◊〉 of Monopolies 3 part Instit fol. 181. 182. c. as any Lawer in England it being 〈◊〉 undoubted right both by Law See 28. Ed. 1. chap. 11. and the Statute that abolished the Star-chamber and Reason to plead mine own cause or any of my friends that will 〈◊〉 and trust me 〈◊〉 any Barristers in the Nation which I will publickly dispute with 〈…〉 any day in the week and for the unjustnesse of Corporations and Monopolies 〈◊〉 are both sons of one father read my forementioned Book called Innocency and Truth j●stified from the 46 page to the 63. and my book called Londons Liberties in 〈…〉 covered but especially pag. 21. 22. 36. 38. 41. 43. 44 45. to 58. And my second part of it called Londons Charters pag. 36. 37. to 64. So being for the foregoing reasons block'd off from following a Trade any where else but in or about London where I had the choi●● of three things First Either to set up a Shop in the City which I was staved off from for these Reasons First Because the Court of Aldermen are so oppressive in their Government of the City setting up their own wills humours and irrational ridiculous Customs above both the Law Reason and their own Charters which I knowing so well as I do and which is pretty well anatomized in my foresaid Books I should never bear and so ●e continually in broils which was my earnest desire to avoid Secondly A man cannot well keep any considerable Trade i● a Shop but he m●st trust much which I man many times hazard the losse of especially in these impo●●ishing times or else to L●w for it which I never loved never having had two S●its in my life that I can remember not onely for the j●ngling part of it but also for the tedious chargeable intricate hazardous uncertainty of the proceedings therein as the Judges on purpose have made it to get money for being often in company with an able and a very honest man for a Lawyer with other understanding friends where we 〈◊〉 ●ouble discourses of the abuses of the Law which were particularly instanced to be many I took special notice of two things he often averred to his praise I spe●● it besides the proceeding for the most part in an unknown tongue and an unlegible hand as write c. which two things were these that he would make good First According to the practice in Westminster Hall If a man lent another man 100 l. 500 l. or 1000 l. c. and had as good security as any in England can give yet when the day of payment comes if the party be a crafty b●ffling man and have a good purse he shall keep a man in the Courts in Westminster Hall three or four yeers in suit let him do the worst he could before he could get his money nay nor never shall get it neither unlesse he have a purse also able in some reasonable measure to bold pace with him but in case in any of that time by sicknesse losse or other c●sua●ties he happen to fall poor and so not able in money to pay fees c. it s lost for ever besides all this the h●zards he runs are sufficient by being betrayed bought and sold by his Solicitor or Atturney c. Besides the danger of common Knights of the post to swear the money 's paid c. Secondly He did averre that he would make it good before the Speaker at the Bar of the House of Commons upon his life that for the Chancery which trades men upon book accounts c. are subject often to use and there is not a decree of 100l from one yeares end to the other made in that Court but jumbling all the decrees together one with another some suits holding 10 15 20 30 yeares nay some above but first and last it costs the P●●intief 500l for eveey hundred pound decreed one with another O brave honest and reforming Parliament who in three dayes might mend all this easily and plainly by a County record by which a Suit never need to be of a months continuance and for which th●y have often been Petitioned but yet will not but suffer it to continue worse then they found it for all their great promises in their first Remonstances c. to the contrary yea and give their Judges their places freely and 1000l per annum out of the Co●mon-wealths mony besides all their illegall and unf●domable fees whereas in the Kings time they had but 200 l. per annum sallery and their fees and most commonly paid 5 6 7 8 9000 l for their places an yet were every whit as just as these are for any thing that over I could hear of to to the contrary and I think I have enquired as diligently into both as any one private man in England hath done so for these reasons I durst not meddle with a shop in London And then in the next place having multitudes of acquaintance both in City and Country I had thoughts out of the Cities Freedom to turn Soap-boyler being a good trade and most vendible for ready mony and in it I met with these discouragements viz. First That there are new Monopolies upon some of the principall materials that makes them double prised to what they used to be which most commonly are all imported from beyond seas as oyl tallow and pot-ashes for which is paid both custome and Excise yea and for the very coles that boyles them 4 or 5s in a Chaldron and scarce any thing free from Excise that belongs to it or to the backs or bellies of the men that work it but the very water and yet notwithstanding when it is boyled and all hazard run as

juster or better way of tryall and they 〈◊〉 to provide for our weale but not for o●r woe ● par book Doc. p. 150. and 〈◊〉 〈◊〉 doe what they list but what they ought 1 par ●ook dee p. 172. 205. 214. 266. 267. 〈◊〉 494. 497 499. 656. 660. 666. 696. 706. 707. 〈◊〉 2 par fol. 95. Declarat 17 March 164● p. 6. 21 28 27. For all the idle pratings of any new upstart ' SONS OF BELIAL amongst us such as the Author of the late abominable Book called the DISCOVERER which is commonly reported to be partly Master Frosts Secretary to the 〈◊〉 call●d the 〈◊〉 of 〈◊〉 and p●incipal●y that Apostate IOHN CAN law if 〈◊〉 and now of the Parish of B●w whose conscience by that appeares so bread 〈◊〉 it will without doubt lead him to worship with the Turks Alkeron if it were in 〈◊〉 and fat livings to be got by so doing But let all men in Authority and great place● 〈◊〉 value thei own heads and lives Remember Dudly and Epsons punishments Privy Co●cellors to H●n●y the● eve●●● for proceeding by the rules of their discretion i● 〈◊〉 〈◊〉 laying aside the tryals by Juries of twelve men the ancient and undoubted birthright of the Subject 4 part inst fol. 41. for which they lost their heads as Traytors for subvert●ng the fundamentall Liberties of the people although they had an Act of Parliament viz. 11 Hen. 7. ch● 3. recorded 4 par inst ●ol 40 made by as unquestionable power in Law as ever was in being in England in a free and full Parliament c●●sisting of King Lords Spi●ituall and Tempor●ll and Commens to authorise and beat them out in what they did of whom you may read most excellently in Cooks inst viz. 2 par fol. 51 4 par fol. 41. 197 198. 199. And in my musing with my self of their conditionn my thoughts were something to this purpose the actions done and acted by them were either crimes or no crimes crimes as to men they could not be unlesse they were transgressions of a knowne and declared law in being in the Nation before their acts were done for saith the Spirit of Truth Where there is no Law there can be ●● transg●ession Rom. 4. 15. and if so then to punish them for their acts or facts any other wayes or by any other rules manner or methods then is by those Laws against which they had transgressed is expressed and pres●ibed is very grand injustree and the most righteous and justest men in the world under such practises can never be safe or secure but are alwayes liable in liberty estate and life to be levell●d and destroyed by the will mallice and pleasure of the present s●aying grand faction in which condition a man differs nothing from a brute beast but in shape But the High Court of Justice erected to try them was a pretended Court of Justice not knowne to the visible and declared law of England being in its constitution altogether against all the English Rules of justice No nor in being when their facts were committed And therefore had no pretence at all being but a new constitution to meddle with Judging of their facts committed before it had a being or was brought forth into the world Besides the erection of it I mean a High Court of Justice to try men for siding with the King in the late warrs against the Parliament is a meer and cleer giving away and surrendring up the legallity of their cause in o the Kings hands telling the people in effect hereby its true we have waged warre against the King but if his sword had been as long as ours he might easily if he had pleased have hanged us all by the rules of Justice for transgressing ● l●w in being But we having by the chanc● of war prevailed against him alass we have no law of our sides by the rules of which we can hang any of his party but must be forced to take away their lives by the rules of our own wills and power by rules of pretended Law m●de after their facts committed and for the demonstrating of this unto all that have adhered unto us we Erect a New High Court of Justicely new rules never known in England to try them that so our friends that have adhered to us may see where they are and betimes provide for their own safety and never trust or beleeve OUR DECLARATIONS AND REMONSTRANCES ANY MORE for though we formerly told you we had the Law of our sides yet by our setting up this High Court of Justice to be both parties Jury and Judges we plainly tel you there was no such thing but that then what we told you was lyes and falshood● and that you should beleeve us no more for though then we told you we would maintaine the Law especially of Liberty and Propriety and that it was ● transcenden● wickednesse in us to destroy it and by our votes at our wills and pleasures to disposeor levell all the peoples estates liberties and properties yet now we iell you we never in our hearts intended any such thing but that our designe was totally if we did overcome never to keep any of our promises but absolutely to destroy all Law and by our absolute will by all manner of new erected engins to debase and breake the peoples Spirits and to dispose of their liberties estates and lives by the absolute rule of their own wills and as a cle●● demonstration to your understanding that we never intended otherwise we erect this HIGH COURT OF JUSTICE composed of suck 〈◊〉 we know will obey and execute the absolute dictats of our wills ●e they 〈…〉 without ever examining whether our commands be consonant to law reason eq●ity justice or conscience being of as absolute implicite faith in belcl●ering of us because we have promised they shall ●aign with us or under us as ever any papish in the world were believing the Pop● Thirdly Admit this had been an unquestionable representative of the people Parliament who by ve●●●● th●●●●f hath had a power to levy what mony they had judged conven●●nt upon the peopl● b●●●neral tax for the common safety of the Nation which act both by law and reason ●h●y may do yet they cannot in law equity or reason lay all tha● tax upon th●ee o● four men alone and make them bear all the charges of the publick ev●n so although the Parliament may erect Courts of Justice for the good of the people to administer Law in ●esinitely to all the people of England alike without exe●p●ion of per●ons yet they can neither by Law nor Reason erect a Court of Justice on purpose to try three or four individual persons and no more because it is against common equi●y ●● Englishmen o● people being all born free alike and the liberties thereof equally intasted to all alike and therefore in common equity and justice three or four individual persons ought not to be burthened with an iron yoake when

the universal are only b●rthened with a wooden one and therefore in this s●●rt is my judgment that that high Court of Justice was altogether unlawfull in case th●se that set it up had been an unquestionable representative of the people or a legall Parliament neither of which they are not in the least but as they have managed their business in opposing all their primitive declared just ends a pack of trayterous self seeking tyranical men usurpers of the name and power of a Parliament I say considering with my self some such things as these are I was something diligent at the beginning of their tryal to see and hear all yea and of●en converse● with th●mselve● but when I came to hear st●ut CAPEL make his defence for himself which was before he had any counsel assigned and so GALLANTLY and ac●utely to pl●ad the Law and demand the benefit of it which he did as acutely in my judgment as ever I did hear any ●● an in his own case in my life alledging fiftly the Statu●e of 25. Ed 3. chap. ● and cited the very word of those ● notable Statuts for his benefit of the 1 ●●n 4. chap. 10. and 11 Hen. 7. chap 1. the last of which indemnifies the Kings followers i● wars and also cited the first and second of P. and M. chap. 10. and pressed therefrom that ●ll treasons should be tryed by the ●●les of the common Law and not by ext●a●●din●ry ●ays and means according to the declared Laws in being citing the petition of right for the proof of that looking round about him and saying I am an English man and the Law is my inheritance and the benefit of the petition of right my birth right if so then saith he l●●king upon the president 〈◊〉 my Jury I see none of my Iury that is to pass upon me I demand the sight of ●● J●●y legally pannelled as my right by Law without the verdict o● whom I cannot in Law be c●●demned and when it w●s ●eply●d upon him by the pre●●dent that the members of the Court was the Jury he most g●●lan●ly and resolu●●ly answered to this effect I 〈◊〉 you will not deny me the bene●●● of the Law which you ●●etend you have sought this Seve● years to maintain I hope Sir You will not deny m● the benefit of the Declarations of those by whose power you sit And producing ●●e Declaration of the pretended House made the 9th F●br 1648 To maintain the Fundamentall LAVVES of the Nation he held i● forth and desired it to be read which was refused by the President telling him They knew it well enough Well then saith he Here 's a Declaration made but the other day whe●ein the Parliament declareth That they are fully resolved to maintain and shall and will up hold preserve and keep the Fundamental Lawes of this Nation for and concerning the preservation of the Lives Properties and Liberties of the People with all things incident thereunto with the alter●tions touching Kings and House of Lords already resolved in this present Parliament FOR THE GOOD OF THE PEOPLE And saith he It is one of the Fundamentall Liberties of the Subjects of this Kingdom to be tryed by JURIES and I hope you wil not deny me the benefit of the Parliaments Declaration and so break it as soon as it is made but all was to no purpose he must have no Jury but Councell if he would at the denyall of which unto him I confesse my heart was ready to s●●k within me and my spirit was inwardly fill'd full of fire at these wretched men whose now decla●ed de●ig●s was cleer to tread under their feet all the Liberties of England notwit●standing a●● their oathes and promises to the contrary and then in that ●●y in ●y own thoug●●s I cl●arly bid adieu unto all Englands glorious amongst men Lib●●ties and dea●-bought F●eedoms and much adoe had I in the open Court to containe my self f●om an a●●wed d●te●●ation of their A BOMINABLE WICKEDNES my hea●t was so full but being withdrawne I was something free in my discourse in all companies I came in but yet upon the principles of the Law and their own Declarations as being almost overwhel●ed to see what I then saw and severall discourses I had with the prisone●s and divers of my books and law pleas with Sir Iohn Maynards and the foure Impeached Aldermen I sent them and much pressed some of them to put their lives upon the hazard of a Plea and protestation against the Jurisdiction of the Court telling them if they dyed upon that score they would not only dy as lovers of the King their principall but also of their Country as brave Englishmen in the eyes of the people whereas if they stooped finally to their Jurisdiction they might easily perc●ive they were resolved to sacrifice them and if they so died they dyed upon a poor and begparly score ye● in a manner upon the deniall of their own principals but the Gentlemen having as ●o me appeared large promises of their lives upon conformity to the Jurisdiction of the ●ourt were meerly gull●d thereby of their lives and could scarce ever beleeve the should dye till the house of death came upon them And yet notwithstanding this some of them sent to me to desire me to be one of their Councell to plead for them in matter of Law unto whose friends I returned an Ans●er to this eff●ct That I could not be ●o unworthy in my own esti●ation as to plead any plea they could plead for a justifi●ation of their ●ctions though I conf●ssed there were much in Law to be said for them ●f e●●ally as the case stood with them unlesse it were a plea and protestation against their Jurisdict●on and so procrastina 〈◊〉 tryall if it were a possible till a new Parliament upon whi●h plea I ●ould willingly have ve●tred my heart blood for th●m because my int●r●st and the inter●st of all the free and honest men in En●l●nd was as much concerned in that fa●●ll president of that abhominable and wicked Court a● C●pell or Hambleto●s life c. was but they would not venter there and so I declined them And when HOLLAND came to it a Lady and some other of his friends came to me to my house about hi● but I was still upon the same string yet sent him word of severall particulars in reference to my Tryall and arr●igament at Oxford that was very materiall to his present cause and if he would call me in the open Court as a Witnesse he should s●e I would speak my minde freely and effectually although I smarted for so doing and he appointed a day to call me whereupon I went into the Court and conveyed w●rd to him I was there but whether his heart failed him or no I know not but he never called me so when I understood they were all in the way of condemnation I took the thid part of Cooks Institutes under my arme to the house doore and made