downe many strong and solid arguments to prove that the House of Lords have not justly neither judicative noe legislative power at all in them and in his 94. 95 96 97 98. pages he declares from very sound and good authority that before William the Conquerour and invader subdued the rights and priviledges of Parliaments that the King and the Commons held and kept Parliaments without Temporall Lords Bishops or Abbots the two last of which viz. Bishops and Abbots he proves had as true and good right to sit in Parliament as any of the present Lords now sitting at Westminster either now have or ever had yea and out of the 20. 21. pages of that notable and very usefull to be knowne book called the manner of holding Parliaments in England before and since the conquest c. declares plainly that in times by past there was neither Bishops Earle nor Baron and yet even then the Kings of England kept Parliaments with their Commons only and though since by innovation Bishops Earles and Barons have been by the Kings prerogative Charters which of what legall or binding authority they are you may fully read in the Lords and Commons Declaration this present Parliament summoned to sit in Parliament yet not withstanding the King may hold a Parliament with the Commonalty or Commons of the Kingdome without Bâ—shops Earles and Barons and saith Mr. Will. Prynn in the 1 part of his Soveraign Power of Parliaments pag. 43. which booke is commanded to be printed by speciall authority of the present House of Commons out of Mr. Iohn Vowells manner of holding Parliaments which is recorded in Holingh Cron of Ireland fol. 127. 128. that in times by past the King and the Commons did make a full Parliament which authority was never hitherto abridged Yea this present Parliament in their Declaration concerning the Treaty of Peace in Yorkshire 20 Septem 1641. betwixt the Lord Fairfax c. and Mr. Bellasis c. book decl 1. part pag. 628. doe declare first that none of the parties to that agreement had any authority by any act of theirs to bind that Country to any such Nutrality as is mentioned in that agreement it being a peculiar and proper power and priveledge of Parliament where the whole body of the Kingdome is represented to bind all or any part And we say the body of the Kingdome is represented only in the House of Commons the Lords not being in the least chosen or represent any body at all yea and the House of Commons calls their single order for the receiving of Pole-money May 6. 1642. 1. part decl pag. 178. An order of the House of Parliament yea and by severall single orders have acted in the greatest affaires of the Common-wealth And yet notwithstanding all this the Lords like a company of for-sworne men for they have often solemnly sworne to maintaine the Law have by force and violence indeavoured to their power and contrary to law to assume to themselves a judicative power over us who are Commons of England in criminal cases and for refusing to stoop therunto have barbarously for many moneths tirannized over us with imprisonments c. And we according to that duty we owe to our native country and to our selves and ours for the preservation of our selves and the good and just declared lawes and libertise of England and from keeping our selves and our posterities from vassalage and bondage did thereupon according to law and justice appeale to the honourable House of Commons as you may truly and largely read in divers and sundry bookes published by us and our friends as the supreame and legall power and judicature in England whom we did thinke and judge had been chosen of purpose by the free men of England to maintaine the fundamentall good lawes and liberties thereof but to their everlasting shame and the amazement of all that chose and betrusted them We are forced to speake it we have not yet found any reall intentions in them to performe unto us the trust in that particular reposed in them by the whole Kingdome neither have we any grounded cause to say in truth any otherwise of them but that they are more studious and industrious-unjustly in deviding hundred thousands of pounds of the Common wealths Money amongst themselves then in in actuall doing to us in whom all and every the Commons of England are concerned for what by the wills of the Lords is done to us to day may by done to any Commoner of England to morrow either justice or right according to their duty and their often sworne oathes though we have not ceased continuall to the utmost of our power legally and iustly to crave it at their hands as you may fully read in our forementioned printed bookes Sure we are they tell us in their printed Declarations that they are chosen and betrusted by the people 1. part decl pag 171 172. 263 264 266. 336 340 361 459. 462. 508. 588 613 628. 690. 703 705 711. 714. 716. 724 725. 729. And that to provide for their weale but not for their woe booke decl 1. part page 150. 81. 382. 726. 728. And they in their notable Declaration of the 2. Novemb. 1642. booke decl 1 part pag. 700. expresly tell us that all interests of publique trust is only for the publique good and not for private advantages nor to the prejudice of any mans particular interest much lesse of the publique and in the same page they further say that all interests of trust is limitted to such ends or uses and may not be imployed to any other especially they that have any interests only to the use of others as they confesse all Interests of trust are cannot imploy them to there owne or any other use then that for which they are intrusted yea and page 266. see 1. part book decl pag 687 they tell the King that the whole Kingdome it selfe is intrusted unto him for the good and safety and best advantage thereof and as this trust is for the use of the Kingdome so ought it to be managed by the advice of the Houses of Parliament whom the Kingdome hath intrusted for that purpose it being their duty to see it be discharged according to the condâ—tion and true intent thereof and as much as in them lyes by all possible meanes to prevent the contrary And therefore negatively in the second place we are sure that the House of Commons by their owne Declarations were never intentionally chosen and sent to Westminster to devide amongst themselves the great offices and places of the Kingdome and under pretence of them to make themselves rich and mighty men with sucking and deviding among themselves the vitall and heart blood of the Common wealth viz. its treasure now lying not in a swound but even a gasping for life and being but let us see whether this and other of their late doings be according to their former protestations imprecations and just Declarations which if they be not
to be delivered in which regard they have all left the City and Parliament as dispairing in obtaining their just end at the present and are gone down into the Country truly to acquaint the rest of their friends how they have been dealt with we judge it our duty that we are so much bound to our selves and the whole Kingdome though we must truly confesse that we have no such Commission from the petitioners not their Commissioners as to publish a true Copy of their Petition and instructions which thus followeth To the right Honourable the betrusted Knights Citizâ—ns and Burgesses in the Commons House of Parliament Englands legall Soveraign power Assembled The humble Petition of the Inhabitants of Buckingham-shire and Hartford-shire c. Whose Names are hereunto subscribed HVMBLY SHEWETH THat your Petitioners and the rest of the free-men of England before the beginning of this Parliament being almost destroyed of their Lawes Libertyes and Freedoms by the arbitrary machinations politick designes and practises of the Pattentee-Monopolizers and of other arbitrary supplanters and Agents which laboured to subvert the Fundamentall Constitutions of this Realme and to set up a tyrannicall Government tending to the utter vassalage and overthrow of all the free people of this Kingdome together with their Naturall Nationall and Legall Rights and Liberties God putting into our hands an opportunity to free our selves from those tyrannies and oppressions We for our better weal and happinesse chose and betrusted your Honours for the same end and purpose and to that end we have elected invested and betrusted you with our indubitable and naturall power and Birth-rights for the just and legall removall of our Nationall Evills In the expectation whereof we have waited ever since your first siting continually and cheerfully assisting you with our lives persons and estates being much incouraged thereto by the severall Protestations and Declarations wherein you have solemnly protested before the great God of Heaven and Earth and to the whole world declared your upright and well grounded resolutions to vindicate the just liberties of every Free-borne English man without exception Now therefore our most humble request unto your Honours is that you would according to your duties and the Great Trust reposed in you take into your consideration the slavish condition that we the free People of England are yet subject unto by reason of those Arbitrary practises that are still continued acted and perpetrated upon us by some prerogative men of this Kingdome whom we humbly conceive have no power over our bodies or Estates they being not Elected thereunto by the free-men of England and therefore may not Commit our bodies to prison contrary to the Fundamentall lawes of this Kingdome as we suppose hath been done to some Free-men of this Kingdome without producing any Legall Authority that your Petitioners can heare of for what they did Wherefore your Petitioners most humble desire is that you would according to the respective Appeals of the said Free Subjects unto this Supream House be pleased to take their cause into the legall judgement and speedie determination of this House as the whole matter thereof shall be reported unto you by the honourable Committee for consideration of the Commons Liberties who have their whole manner of the proceedings against them together with their respective defences ready to represent unto your Honours and to grant unto them your indubitable justice according to their late Petitionary and still constant desires whereby they may receive the Sentence of this House either for their present justification or condemnation that they may not be ruined and undone by an arbitrary and injustifiable Imprisonment And if that through the urgent affaires of the Kingdome your occasions will not afford you so much time as to consider and expedite their businesse at present Our humble request is that you would by an Order from this House forthwith set them free out of Prison they giving legall security for their future forth comming untill such time as your honours shall be pleased to hand out to them full and effectuall justice And that you would be pleased in case the principall Informers and Actors be found guilty to grant them full and ample reparations according to the Law of the Land And further that you would take care for the time to come to free us and our children from the feare and prejudice of the like Aâ—bitrary and Prerogative proceedings according to your late promise in your most just Declaration of the 17. of Aprill 1646. And your Petitioners as in duty bound shall ever pray c. Instructions agreed upon as the sence of the Petitioners of Buckingham-shire and Hartford-shire First the persons imprisoned Lieutenant Collonel John Lilburn Mr. Overton his Wife and Brother Mr. Larners Brother and Maid c. Secondly by Prerogative-men we mean such as sit to try Commoners and are not elected by the free choice of the People viz. the House of Lords Thirdly by Arbitrary practices we meane such as are contrary to the Law of the Kingdome As first for any persons to try those their are not their Peers or Equalls witnesse Magna Charta C. 29.3 E. 1.6 Sir Edward Cookes exposition of the 14 and 29 C. of Magna Charta c. as the House of Lords have done and would have done all the above mentioned Secondly For any to imprison men for not answering to Interrogatories in Criminall Causes We must professe to all the world we are in amazement and almost at a stand when we consider that the House of Commons who are chosen and betrusted by the people for no other end in the World but to maintaine preserve and defend their Lawes and liberties and to redresse their mischiefes and grievances and to provide for their earthly happinesse and well-being book decl 1. part pag. 150. which they have so often sworn vowed protested and declared to doe that they should be so negligent in performing their trust and duty and making good their Oathes and Vowes in not doing us justice and right according to the Lawes of the Kingdome who have legally and formally long since appealed to them for that end but suffer before their faces the tyrannicall House of Lords arbitrarily and illegally to destroy us and to tread and trample under their feet the Lawes and Liberties of all the Commons of England and so by consequence make us all Vassals and Slaves to their tyrannicall lusts and wills But Considering that by natures principall we are bound to the utmost of our power to preserve our selves and to leave no wayes and meanes unattempted that tends thereunto we cannot yet sit still but goe on and the rather because our Iudges to whom we have appealed to for justice tell us in their Declaration of the 19. May 1642. 1. part book decl pag. 207 That this Law is as old as the Kingdome That the Kingdome must not be without a meanes to preserve it selfe the ground and reason of which Law
compose it but inflamed the people because he saith they knew they should not only be disappointed of the places offiâ—es honours and imployments they had promised themselves but be exposed to the justice of the law and the just hatred of all good men All which they in their antient and primitive Declarations disdaine as most dishonourable to be fixed upon them or supposed ever intentively to be acted by them especially so visibly that any should be able to see it and therefore in their Remonstrance bo dee 3. par pa. 264. they labour to perswade the people not to destroy themselves by taking their lives liberties and estates out of their hands whom they have chosen and betrusted therewith and resigne them up to some evill Counsellours about his Majestie who they say are the men that would perswade the people that both Houses of Parliament containing all the Peers and representing all the Commons of England would destroy the Laws of the land and liberties of the People wherein besides the trust of the whole they themselves in their owne particulars have so great an interest of honour and estate that we hope it will gaine little credit with any that have the least use of reason that such as have so great a share in the misery should take so much paines in the procuring thereof and spend so much time and run so many hazzards to make themselves slaves and to destroy the property of their estates But we lay in the bitternesse of our soules O! that their actions and dealings with us and many other free men of England had not given too just and grounded cause to judge that the forementioned charge of the Kings was righteous just and true upon them and which if their owne consciences were not seared with hot Irons and so past feeling would tell them with horror that he spoake the truth And in the forementioned most notable Declaration pag 494. one of the principall things they complaine of against the King and his evill Counsellers that they endeavour to possesse the people that the parliament will take away the law and introduce an arbitrary Government a thing say they which every honest morall man abhors much more the wisedome justice and piety of the two Houses of Parliament * If so then as Samuel said to Saul 2 Sam. 15.14 What meanes then this bleating of the sheep to my eares and the lowing of the Oxen which I beare and in truth such a charge as no rationall man can beleeve it it being impossible so many severall persons as the houses of Parliament consists of about 600. and in either House all of equall power shall all of them or at least the Major part agree in acts of will and tyranny which make up an arbitrary government * Out of thy own mouth will I iudge thee Luke 19.22 for if this diffinition of tyranny be true we are very sure we are under it and most improbable that the nobility and chiefe Gentry of this Kingdome should conspire to take away the law by which they injoy their estates are protected from any act of violence and power and differenced from the meaner sort of people with whom otherwise they should be but fellow servants And when they come to answer the Kings maine charge laid to them in his Declaration in answer to theirs of the 26. of May 1642. they say book decl pag. 694. As for that concerning our inclination to be slaves it is affirmed that his Majestie said nothing which might imply any such inclination in us but sure what ever be our inclination slavery would be our condition if wee should goe about to overthrow the Lawes of the Land * We say no more but wish you had not and the propriety of every mans estate and the liberty of his person For therein we must needs be as much patients as Agents * No not so for you have a power to carve for your selves which you doe and must every one in his turn suffer our selves whatsoever we should impose upon others we have ever refused to doe or suffer our selves and that in a high proportion But there is a strong and vehement presumption that we affect to be Tyrants and what is that because we will admit no rule to governe by but our own wills * See 1. part of book decl pag. 696. But we wish the charge might not too truly be laid upon you For our parts we aver we feele the insupportable weight of it upon both our shoulders And therefore to conclude this we desire to informe you that in severall of their Declarations they declare and professe they will maintaine what they have sworne in their protestation the which if you please to read you shall find there amongst other things that they have sworne solemnly to maintaine the lawfull rights and liberties of the Subject and every person what ever that shall lawfully indeavour the preservation thereofe and therefor book decl 1. part pag. 497. they solemnly Imprecate the Iudgements of God to fall upon them if they performe not their vowes * Which undoubtedly will if the word of God bee true Num. 30.2 Deut. 23.21.22 Eccle. 5.4.5 promises and dutyes and say woe to us if we doe it not at least doe our utmost indeavours in it for the discharge of our duties and the saving of our soules and leave the successe to God Almighty Now what the liberty of the Subject is they themselves in their Declarations excellent well discribe and declare that it is the liberty of every Subject to injoy the benefit of the law and not arbitrarily and illegally to be committed to prison but only by due course and processe of law nor to have their lives liberties nor estates taken from them but by due course and processe of Law according to Magna Charta and the Petition of Right who condemnes as unjust all Interrogatorie proceeding in in a mans owne case nor to be denied Habias Corpusses nor baile in all cases whatsoever that by law are baileable and to injoy speedy tryalls without having the just course of the Law abstructed against them 1. part booke decl pag. 6. 7. 38 77 277. 201. 278. 458 459 660. 845. Yea in their great Declaration of the 2. Novemb. 1642. booke decl 1 part pag. 720. they decleare it is the liberty and priviledge of the people to Petition unto them for the ease and redresse of their grievances and oppressions and that they are bound in duty to receive their Petitions their owne words are these we acknowledge that we have received Petitions for the removall of things established by Law and we must say and all that know what belongeth to the Course and practise of Parlâ—ament will say that we ought so to doe that our predicessors and his Majesties Ancestors haue constantly done it there being no other place wherein Lawes that by experience may be found grievous and burthensome can be altered
extends to the benefit of every particular individuall man in the Kingdome whose destruction contrary to the law of the Land is indeavoured by those that should preserve them which is our case as well as it was theirs in reference to the King with whom we have to doe and therefore we desire for the satisfying of all to whom this is directed to declare out of their owne Declarations their arguments against the King when he ceased as they say page 636. 580. to extend his legall protection and iustice to them but this by the way we must aver that we are very confident the King is ten times more fortified and hedged about with the Law of the kingdome then they are Which wee demonstrate thus they are all as they call themselves Subjects and therefore though their priviledges be great as they are Parliament men yet they are or at least ought to be by their owne confession subject to the severitie of the Law in cases of treason felony and breach of the peace 1. part book decl pag. 48. 278. which is also averred by that able and learned Lawyer Sir Edward Cooke in his 4. part institutes chap. of the high Court of Parliament fol. 25. which booke is published by their owne speciall Order but we read not in any of their Declarations that they themselves aver any such thing of the King And therefore if by themselves their arguments be esteemed just and sound against him for not doing his duty who is much more fortified by Law then themselves then much more when they cease to doe their duty and in practise destroy the lawes and liberties of the Kingdome and subject the free men thereof to an Arbitrary and tyrannicall power which we aver they have done us will their owne arguments serve and bee sound and good against themselves Therefore we desire to declare unto you that when they apprehended themselves in danger they sent unto His Majestie the 31. Decem. 1641. book decl 1 part pag. 44. and desire him that they may have a guard in which message they have these words They have therefore their recourse unto your Maiestie most humbly beseeching you that if it may â—end with your good lâ—king if they provide for their owne safety which the very Law of nature * * Mark it well and reason doth allow unto them it is their humble desire that they may have a guard out of the City of London commanded by the Earle of Essex Lord Chamberlaine of your Maiesties house-hold of whose fidelity to your Maiestie and the Common Wealth they have had large experience And in their Petition to his Maiestie about the Militia 2. March 1641. book decl â— part pag. 92 93 94 after they have told his Majestie what danger they are in for want of setling the Militia they use these very words Wherefore they are inforced in all humility to protest that if your Maiestie shall persist in that denyall the dangers and distempers of the Kingdome are such as will indure no longer delay But unlesse you shall be graciously pleased to assure them by thâ—se messengers that you will speedily apply your royall asseâ—t to the satisfaction of their former desires they shall be inforced for the safety of your Maiesty and your Kingdomes to dispose of the Militia by the authority of both Houses in such manner as hath been propounded to your Maiestie and they resolve to doe it accordingly And a little below they beseech his Maiestie to be informed by them that by the Lawes of the Kingdome the power of raising ordering and disposing of the Militia within any City Towne or other place cannot be granted to any Corporation by Charter or otherwise without the authority and consent of * * Observe this well yee free men of England Parliament and that those parts of the Kingdome which have put themselves into a posture of defence against the Common danger have therein done nothing but according to the Declaration and direction of both Houses and what is iustifiable by the Lawes of the Kingdome And in their Declaration of the 19. May 1642. pag. 202. they say wee must maintain the ground of our feares to be of that moment that we cannot discharge the trust and duty which lyes upon us unlesse we doe apply our selves to the use of those meanes to which the Law hath inabled us in cases of this nature viz. to settle the Militia without and against his consent for the necessary defence of the Kingdome and as his Maiesty doth gratiously declare the Law shall be the measure of his power so doe we most heartily professe that we shall alwayes make it the rule of our obedience But O say wee that you had not now forfeited all your credit by notoriously violating your never intended to be kept promises And in their Petition to the King about the businesse of Hull pag. 465. 466. they say we shall be ready to settle the Militia in such way as shall be honourable and safe for your Maiestie most agreeable to the duty of Parliament and effectuall for the good of the Kingdome that the strength thereof be not imployed against it selfe And we say we wish it may not to the setting up of a tyranny of another nature but worse then the former we groaned under But we go on to their answer of the Kings positions which answer is annexed to their great Declaration of the 2. No. 1642. where in the third answer pag. 726. they say that we did and doe say that a Parliament may dispose of any thing wherein the King or any Subiect hath a right in such way as that the Kingdome may not be in danger thereby and that if the King being humbly sought unto by his Parliament shall refuse to ioyne with them in such cases the representative body of the Kingdome is not to sit still and see the Kingdome perish before their eyes and of this danger they are Judges Here may be an excellent Argument drawne from the greater to the lesse which will undeniably hold good against the Arbitrary and Illegall practises of the Parliament which wee in our particulars groane under Now all these things considered we hope it iustly cannot be taken ill at our hands by the Parliament nor by any rationall or understanding man in the Kingdome though never so much deuoted unto implicite and blind Presbyterian Synodian obedience if we for our preservation shall tread in the Parliament steps by appealing to the People against them as they did against the King especially considering they deale worse with us then ever he dealt with them for hee did not actually imprison their bodies and thereby rob them of their liberties trades lively hoods and subsistance and allow them nothing to live upon and expose their whole families to the eye of reason to an unavoydable famishing and perishing condition all and every of which contrary to the Law of the Land Justice reason and conscience they have
actually with a great deale of Barbarous cruelty done to us But before we doe solemnly seriously and actuall appeale to the people as of necessity if by them we cannot inioy iustice and right and the benefit of the knowne and unrepealed Lawes of the Land which is all we crave or desire We both must and will cost it hanging or burning or what ever it will we desire from their owne words to make our way plaine before hand and the more to leave them without excuse before God and all our fellow Commons of England Seeing skin for skin and all that a man hath will he give for his life Iob 2. And therefore in the first place we must professe in their owne words in their Declaration to the States of Holland pag. 637 that we have no other designe in the world but not to be destroyed and save our selves Lawes Liberties and Freedomes and let not them say if we should formally appeale to the people that we malitiously indevour to dissolve the whole frame and constitution of the civill pollicy and government of this Kingdome into the originall Law of nature by arraigning and condemning before the people the High Court of Parliament from whence legally there can be no appeale we doe truly confesse and owne the Honourable House of Commons whose iust interest wee honour with all our hearts to be to us the legall supreame power in the Kingdome from whom we conceive in law we have no higher appeale but if the House of Commons will not doe us justice and right and so discharge their trust and duty but suffer the Lords contrary to the Law of the Land which they have sworne to maintain to murther and destroy us our wives and children and by consequence the liberty of all the Commons of England we cannot nor dare not for fear of being Traitors and fellons to our selves sit still and willingly suffer our selves contrary to the good and just Lawes and constitutions of the Kingdome to be destroyed by the Lords who in Law have no more power to commit our bodies to prison being Commoners then wee have to commit theirs Therefore it is not we but they themselves that dissolve the legall frame and constitution of the civill policy and government of the Kingdome by suffering will and lust but not law to rule and governe us and so reduce us into the originall Law of nature for every man to preserve and defend himselfe the best he can and therefore since it must be so for so it is we in their owne words pag. 690. say in Gods name let the people Iudge every man within his owne breast whether they or we are most guilty of the foresaid charge But we come to their owne words in their appealing to the people and craving their aid and assistance to helpe to preserve them against those that they say contrary to Law would have destroyed them and we shall begin in the first place with the Protestation which they made and tooke the 3. of May 1641. and by an Order of the 5. May 1641. give their approbation to the taking it by any Commoner of England in the preamble of which they spend much time to demonstrate that there have been and still is a strong indeavour by a Malignant party to subvert the Fundamentall Lawes of England c. And to introduce the exercise of an Arbitrary and tyrannicall government and therefore they sweare and protest they will maintaine the lawfull Rights and Liberties of the Subject and every Person that maketh this protestation in what soever he shall doe in the lawfull persuance of the same And to my power and as far as lawfully I may I will oppose and by all good wayes and meanes indeavour to bring to condigne punishment all such whether Lords or Members of the House of Commons without exception as shall either by force practise counsells plots conspiracies doe any thing to the contrary and by their Vote of the 30 Iune 1641. They say that what person soever will not take this Protestation is unfit to beare office in the Church or Common-Wealth Now let us see what use they make of this Protestation against the King and we shall find in the 1. part book decl pag. 190. 191. The Vote of the House of Commons in these words Resolved upon the Question That this House doth declare that if any person whatsoever shall arrest or imprison the persons of the Lords and Gentlemen or any of them or any other of the Members of either House of Parliament that shall be imployed in the service of both Houses of Parliament or shall offer violence to them or any of them for doing any thing in pursuance of the commands or instructions of both Houses shall be held disturbers of the proceedings of Parliament and publique enemies of the State And that all persons * * Marke it well ye Commons of England are bound by their Protestation to endeavour to bring them to condigne punishment An Order of the selfe same effect you may read pag. 156. made by them 26. Appill 16â—2 And in their Declaration of the 26. May 1642 pag. 278. speaking of the Kings proclaming Sir Iohn Hotham a Traytor without due processe of Law they declare it not only a breach of the Priviledge of Parliament but a subvertion of the Subjects common right yea and such a breach of the Priviledge of Parliament as that the very being thereof depends upon it and therefore say they we no wayes doubt but every one that hath taken the Protestation will according to his solemn Vow and Oath defend it with his life and fortunes And in their Declaratioe of the 19. May 1642. pag. 214. speaking of the many difficulties that they are forced to incounter with in the discharge of their duty to the Kingdome they say yet wee doubt not but we shall overcome all this at last if the people suffer not themselves to be deluded with false and specious shewes and so drawne to betray us to their owne undoing who have ever been willing to hazzard the undoing of our selves that they might not be betrayed by our neglect of the trust reposed in us And in their smart Declaration of the beginning of August 1642 pag. 496. replying unto his Majesties Answers to their propositions they say And having received so sharp a return such expressions of bitternesse a justification and a vowed protection of Delinquents from the hand of Iustice Demands of so apparent danger such manifestations of an intention to destroy us and with us the whole kingdome and this most cleerly evidenced by their subsiquent actions even since these propositions have been made unto us from his Majestie over-running severall Countries compelling the Trained Bands by force to come in and joyne with them or disarming them and putting their Armes into the hands of leud and desperate persons thereby turning the Armes of the Kingdome against it selfe it be not fit for us not only
The out-cryes of oppressed Commons Directed to all the Rationall and understanding men in the Kingdome of England and Dominion of Wales that have not resolved with themselves to be Vassells and Slaves unto the lusts and wills of Tyrants From Lieut. Col. John Lilburne prerogative prisoner in the Tower of London and Richard Overton prerogative prisoner in the infamous Gaole of Newgate Febr. 1647. Ier. 7.8 9.10 Behold yee trust in lying words that cannot profit Will yee steale murther and commit adultery and sweare falsly and burne incense unto Baal and walke after other Gods whom yee know not and come and stand before me in this house which is called by my name and say we are delivered to doe all these abominations Verse 6. Therefore pray not for this people neither lift up cry nor prayer for them neither make intercession to me for I will not heare thee Mat. 13.14 Woe unto you Scribes and Pharisees Hypocrites for yee devoure widowes houses and for a pretence make long prayers therefore you shall receive the greater damnation GEntle men Anti-Magistrates we are not but owne Magistracy as Gods Ordinance appointed for the good and well being of man-kind Rom. 13.1.2.3.4.5.6 Unto whose power and Authority in all lawfull things we both have and are willing to stoop unto but no further neither doe we crave or desire any favour priviledge or benefit but what is given unto us by the good established and just Lawes of England which the Parliament solemnly have often sworne to maintain of which for our particulars we have for many moneths been robd of by the tyranny and usurpation of the Lords commonly called the House of Peeres now sitting at Westminster who have usurpedly and contrary to the just and knowne Law of the Land assumed unto themselves by the law of their owne wills a power in criminall causes to judge and commit us who are Commoners which by law they have no authority not in the least to doe as appeares in the twenty ninth Chapter of Magna Charta which expresly saith No freeman shall be taken or imprisoned or be disseised of his free-hold or liberties or free customes or be out-lawed or exiled or any otherwise distroyed nor we will not passe upon him nor condemne him but by lawfull judgement of his Peers or by the law of the Land We will sell to no man we will not deny nor deferre to any man either justice or right And the 3. E. 1. 6. likewise expresly saith and that no City Borough norrowne nor any man be amerced without reasonable cause and according to the quantity of his trespasse that is to say every free man saving his free hold 9 H. 3. 1â— A Merchant saving his Merchandize a Villain saving his waynage and that by his or their Peers Which 29 Chap. of Magna Charta is expresse by name confirmed in the Petition of Right made in the third yeare of the present King Charles which absolutely abolisheth all Lawes made in derogation of the said just Law which Petition of Right and every clawse therein contained is expresly confirmed by this present Parliament as appeares by the statute that abolished the Star Chamber and the statute that abolished Ship money And that learned man of the Law Sir Edward Cooke in his exposition of Magna Charta which booke is published to the publique view of the Kingdome as Law by two speciall orders of the present House of Commons as in the last pag. thereof you may read who in his exposition of the 14. chap. of Magna Charta 2. part institutes fol. 28. saith that by Peers is meant Equalls and in fol. 29. he saith the generall division of persons by the Law of England is either one that is Noble and in respect of his Nobility of the Lords House of Parliament or one of the Commons of the Realm and in respect thereof of the House of Commons in Parliament and as there be divers degrees of Nobility as Dukes Marquesses Earles Viscounts and Barons and yet all of them are comprehended within the word PARES so of the Commons of the Realme there be Knights Esquires Gentle-men Citizens yea men and Burgesses of severall degrees and yet all of them of the Commons of the Realm and as every of the Nobles is one a Peer to another though he be of a severall degree so is it of the Commons and as it hath been said of men so doth it hold of Noble Women either by birth or by marriage but see hereof chap. 29. And in his exposition of chap. 29. pag. 46. Ibim he saith no man shall be disseised that is put out of seison or dispossessed of his free-hold that is lands or lively-hood or of his liberties or free customes that is of such franchises and freedomes and free-customes as belong to him by his free birth-right unlesse it be by the lawfull judgement that is verdict of his EQUALS that is men of his owne condition or by the Law of the Land that is to speake once for all by the due course and processe of Law No man shall be in any sort distroyed to destroy id est what was first built and made wholly to overthrow and pull downe unlesse it be by the verdict of his Equalls or according to the law of the Land And so saith hee is the sentence neither will we passe up him to be understood but by the judgement of his Peers that is Equalls or according to the Law of the Land see him fol. 48. upon this sentence pro judinum parum suorum and pag. 50. he saith it was inacted that the Lords and Peers of the Realm should not give judgement upon any but their Peeres and cites Rot. Parl. 4. E. 3 Num. 6. But the Roule is 4 E. 3. Num. 2 in the case of Sir Simon de Bereford in which the Lords doe ingeniously confesse that it is contrary to Law for them to passe judgement upon a Commoner being they are not their Peers that is Equalls which record at large you may read in The oppressed mans oppressions declared Edition the second page 18 19. And also in part in Vox Plebis pag. 40. 41. So that by what hath been said it cleerly evidently and undeniably appeares by the Law of the Land and the Lords owne confession that they are not the Peers or Iudges of Commoners in any criminall cases whatsoever And we offer at our utmost peril before any legall power in England to maintaine it by the knowne and declared Law of the Land which the Lords themselves have solemnly covinanted and sworne to maintaine that the Lords by the Law of England have not in the least any Iurisdiction at all over any of the Commons of England in any criminall cases whatsoever But if the studious and industrious Reader please to read that notable and late printed booke called Regall tyranny discovered he shall find that the Author of that booke in his 43. 44 45 46 47 and 86. pages layes
woe to them for saith the spirit of God Eccle. 5.4.5 When thou vowest a vow unto God defer not to pay it for he hath no plâ—â—sure in fooles pay that which thou hast vowed For better it is that thou shouldest not vow then that thou shouldest vow and not pay see Deut. 23.21.23 That which is gone out of thy lyps saith God thou shalt keep and performe Num. 30.2 Psal 76.11 Iob 22.27 We find in their Declaration of the 5. May 1642. booke decl 1. part pag. 172. these words The Lords and Commons therefore intrusted with the safely of the Kingdome and peace of the people which they call God to witnesse is their only aime finding themselves denyed these their so necessary and iust demands about the Malitia and that they can never be discharged before God or man if they should suffer the safety of the Kingdome and peace of the people to be exposed to the malice of the Malignant party c. And in their Remonstrance of the 19. of May 1642. book decl 1 part pag. 195. they say That the providing for the publique peace and the prosperity of all his Maiesties Realmes within the presence of the all seeing diety we protest to have been and still to be the only end of all our counsells and indeavours wherein we have resolved to continue freed and inlarged from all private aimes personall respects or passions whatsoever But we wish withall our soules they had intended what they here declared when they declared it which is too much evident to every rationall mans eyes that sees and knowes their practises that they did not or that if they did that they have broken and falcified their words and promises and in the same Remonstrance pag 214 speaking of those many difficulties they meet with in the discharge of their places and duty see 1 part Col. decl pag. 156. 278. 496. 629 they say Yet we doubt not but we shall overcome all this at last 1. the people suffer not themselves to be deluded with false and specious shewes and so drawn tâ— betray us to their owne undoing who have ever been willing to hazard the undoing â—f our selves that they might not be betra'd by our neglect of the trust reposed 〈◊〉 bâ—t if it were possible they should prevaile herein yet we would not faile through God grace still to persist in our duties and to looke beyond our owne lives estates 〈◊〉 advantages as those who thinke nothing worth the enjoying without the liberty peâ—ce and safety of the Kingdome nor any thing too good to be hazarded in discharge of our consciences for the obtaining of it and shall alwayes repose our selves upon the protection of Almighty God which we are confident shall never be wanting to us while wee seeke his glory as we have found it hitherto wonderfully going along with us in all our proceedings O golden words unto the makers of which we desire to rehearse the 23. Mat 27. Woe unto you Scribes and Pharisees Hypocrites for yee are like unto whited Sepuchers which indeed appeare butifull outward but are within full of dead mens bones and of all uncleannesse And in their Remonstrance May 26 1642. pag. 281. They declare that their indevours for the preservation of the Lawes and liberties of England have been most hearty and sincere in which indeavour say they by the grace of God we will still persist though we should perish in the worke which if it should be it is much to be feared that Religion Lawes liberties and Parliaments will not be long lived after us but saith Christ Mat. 23.23.28 Woe unto you Scribes and Pharisees hypocrites for yee make cleane the outside of the cup and of the platter but within they are full of extortion and excesse Yee also appeare outwardly righteous unto men but within yee aâ—â— full of hypocrisie and iniquity And in their Declaration of July 1642. concerning the destractions of the Kingdome c pag. 463 464 speaking of the businesse of Hull they say the war being thus by his Majestie begun the Lords and Commons in Parliament hold themselves bound in conscience to raise forces for the preservation of themselves the peace of the Kingdome and protection of the Subjects in their persons and estates according to Law the defence and security of Parliament and of all those who have been imployed by them in any publique service for these ends and through Gods blessing to disappoint the designes and expectations of those who have drawne his Majestie to these courses and Counsells in favour of the Papists at home the Rebbels in Ireland the forraign enemies of our Religion and peace In the opposing of all which they desire the concurrence of the well disposed Subjects of this Kingdome and shall manifest by their courses and indeavours that they are carried by no respects but of the publique good which they will alwayes preferre be-their owne lives and fortunes O that we might not too justly say they are already falne from their words And in their most notable Declaration of August 1642. pag. 498. being in great distresse they cry out in these words and we doe here require all those that have any sence of piety honour or compassion to helpe a distressed state especially such as have taken the Protestation and are bound in the same duty with us unto their God their King and country to come in to our aid and assistance this being the true cause for which we have raised an Army under the command of the Earle of Essex with whom in this quarrell we will live and dye And in their answer to his Majesties message of the 12. of No. 1642. p 750 they have theâ—e words God who sees our innocency and that we have no aims but at his glory and the publique good c. O golden language but without reall performance are but an execrable abomination in the sight of God and all rationall men But when these Declarations and Promises were solemnly made the Authors of them tooke it extream ill at the Hands of the King when he told them they dissembled and meerly soughâ— themselves and their own honour and greatnesse which he doth to the purpose in severall of his Declarations but especially in his Declaration of the 12. August 1642. pag. 520. where speaking of the earnest desire he had to ease and satisfie his Subjects he saith that whilst we were busie in providing for the publique they were contriving particular advantages of offices and places for themselves and made use under hand of the former grievances of the Subiect in things concerning Religion and Law c. and in the next pag. speaking of their zeale against the Bâ—shops c. He declares their designe was but of their goodly revenue to erect Stipends to their owne Clergy and to raise estates to repare their owne broken fortunes And in the same Remonstrance pag. 539. he declares that after feares and jealousies were begun they would suffer no meanes to
not to yeeld to what is required but also to make further provision for the preservation of our selves and of those who have sent us hither and intrusted us with all they have Estates Liberty and life and that which is the life of their lives their * * That we absolutely deny and therefore if the blind lead the blind they must needs both fall into the ditch Religion and even for the safety of the Kings person now invironed by those who carrie him upon his owne ruine and the destruction of all his people At least to give them warning that all this is in danger That if the King may force this Parliament they may bid fare well to all Parliaments from ever receiving good by them and if Parliaments be lost they are lost their Lawes are lost as well as those lately made as in former times all which will be cut in sunder with the same sword now drawne for the distruction of this Parliament Then if they will not come to helpe the Parliament and save themselves though both they and we must perish yet have we discharged our Consciences and delivered our soules and will looke for a reward in Heaven should we be so ill requited upon Earth by those of whom we have so well deserved which we cannot feare having found upon all occasions such reall demonstrations of their love and affection and of their right understanding and apprehension of our and their common danger And in their large Declaration of the 2. Novem. 1642. pag 699. speaking of his Majesties charge in his Declaration where he compaires them to the Anabaptists mentioned in Mr. Hookers book they say if ever God shall discover the foule Authors of so false a calumny we doubt not but the Kingdome that is the universallity of the people will be very sensible of it and esteeme that they can never doe themselves right * * And if the people should doe themselves right What should become of the Earle of Manchester old Sir Henry Vaine Mr. Barwâ—s c. for visibly betraying their severall trusts See Englands Birth-Right c. but by bringing to condigne punishment such persons as could find in their hearts to lay so vile an aspertion upon the Parliament a name that alwayes hath and we hope alwayes shall bee of so great honour and reverence within this Kingdome And in the same Declaration pag. 728. answering his Majesties charge fixed upon them of designing the ruine not only of his Majesties person but of Monarchy it selfe And we appeale to all the world say they whether worse words then these can be given us And whether we may not justly expect the worst actions that the malice and power of the Malignant party about his Majesty can produce And whether it be not high time for us to stand upon our defence which nature teacheth * * Aâ—ve all here expressed take notice of this speciall undenable and accued principall every man to provide for and this Kingdome unlesse it be very unnaturall and unmindfull of it selfe cannot but afford to them whom it hath intrusted and by whom it is represented Now from all the forementioned authorities and arguments of the Parliaments owne Declarations we draw these conclusions which naturally flow from them first that all Majesteriall Power in England whatever are but Offices of trust and bound up with this limitation to be executed for the good of the trusters Secondly that it is posible that all or any of the severall Majesteriall trustees may forfit their or its trust Thirdly that in case of â—orfiting the Majesterycall trust the trusters the people are disobleged from their obedience and subjection and may lawfully doe the best they can for their owne preservation but if what hath beene said be not fully cleare out of all doubt to prove the foresaid deducions We wil only ad two more proofs at present of there owne Authoryties which will put them all out of dispute the first is out a late sheet of paper newly Printed according to Order of Parliaments Intitled King Iames his Opinion and Iudgement concerning a Real King and a Tirant extracted out of his owne speech to the Lords and Commons in Parliament at White-Hall 1609. A King saith King Iames in a setled Kingdome binds himselfe to a double oath to the observation of the fundamentall Lawes of his Kingdome tacitly as by being a King and so bound to perfect as well the People as the Law of his Kingdome and expresly by his oath at his Coronation So as every just King in a setled Kingdom is bound to observe that Paction or Covenant made to his people by his lawes in framing his government agreeable thereunto according to that paction made with Noah after the deluge Gen. 9.11 therefore a King governing in a setled Kingdome leaves to be a King and degenerates into a Tyrant as soone as he leaves of to rule according to his lawes therefore all Kings that are not Tyrants or perjured will be glad to bound themselves within the Limits of their Laws and they that perswade them the contrary are Vipers Pests both against them the Common Wealth thus far King Iames out of which the Author of that sheet drawes nine inferences or conclusions the fift of which is in these words That a King governing in a setled Kingdome as the Kingdome of England is leaves to be a King so soone as he leaves of and failes to rule according to his Lawes And so leaving of to be a King the government on his part is infringed so as the people are no longer his subiects to obey him in his lawlesse government then be is their King governing them accordâ—ng to his Laws to the same effect is his sixt conclusion and in the last end of the seventh he hath these words That if Kings cease to be Kings setting up an absolute tyranny over the People to govern them no longer by the Lawes as free borne liege People but lawlesly as vassells and slaves then on the other side the people leaving to be subjects doe owe them no more obedience as being none of their Kings but as usurping tyrants For as a King turning Tyrant practising tyranny under the name of prerogative hath broken the bonds of the Kingdome so the subjects owe him no more duty of liege people except they will avow themselves his Slaves and so betrayers of their own and the publique liberties which ought to be more precious unto them then their â—lâ—ves and â—â—â—ds Again 8 a Kâ—ng so degenerating into a Tyrant is by the verdict of K. Iames departed a perjured man c. perjured men as they are odious to God so they bring an execration upon a land Za. 53.4 and if so then say we wo woe woe unto poore England by reason of the perjuries of the dissembling Lords and Commons at Westminster that have laid aside the Law and troden under their feet the liberties of England And the