Lordships have flowing from one and the same fountain with them namely the Kings will and pleasure commonly called The Kings Prerogative demonstrated by his Letters Pattents which in such a case is not worth a button as is clear by the Law and the very principles of Reason and that the Lordly Prerogative honour it self that they enjoy from the King which was never given them by common consent as all right and just honour and power ought to be is a meer boon and gratuity given them by the King for the helping him to inslave and envassalise the People and from theâ—r Predecessâ—rs whom William the Conqueror aâ—ias the Theefe and Tyranâ— made Dukes Earles and Barons for helping him to subdue and enslave the free Nation of England and gave them by the Law of this own will the estate of the Inhabitâ—nts the right owners thereof to maintain the Grandeur of their Tyranny and Prerogative Peerage And therfore their Creator the King doth in his Dce p. 324 ingeniously declare that their title to their legislative power is only by bloud And if so then not by common consent or choyce of the People the onely and alone Fountain of all just power on earth and therefore void null and at the best but a meer fixion and usurpation and the greatest or best stile they gave themselves in their joynt Declaration with the House of Commons page 508 is That the House of Peers are the Hereditary Councellors of the Kingdome and what right they have thereby to make the People Lawes I know not neither is it declared there by what right they came by their Hereditary Councellorship Nor yet is it there declared what it is So that I understand not what they mean by it which I desire them to explaine for sure I am it is a maxime in Nature and Reason That no man can be concluded buâ— by his own consent and that it is absolute Tyranny for any what or whom soever to impose a Law upon a People that were never chosen nor betrusted by them to make them Lawes But in that Declaration in the next line The chosen and betrusted House of Commons the only alone Law-makers of England the King and Lords consent to their Votes Lawes and Ordinances being but in truth a meer Ceremony and usurped formality and in the strength of Law which justly is nothing else then pure reason neither addes strength unto them nor detracts power from them is royally truly and majesterially stiled and called the representaive Body of the whole Commons of the Kingdome and so are in abundance of other places before cited Yea and whosoever seriously reades and considers the third Position laid down page 726. and laid down in the name of the Parliament shall see indeed and in truth the power of the Lords wholly cashiered their words are these That we did and do say that a Parliament may dispose of any thing wherein the King or any Subject hath a right in such a 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 joyn with them in such cases the Representative Body of the Kingdome that is to say the House of Commons alone the Lords representing no Body but themselves and their Ladies neither challenge they any such title but call themselves meerly Hereditary Councellours is not to sit still and see the Kingdome perish before their eyes and of this danger they are Judges and Judges superiour to all others I beseech you mark it well that legally have any power of judicature within this Kingdome Where are you my Lords And what say you to this your own ingenious confession For yours it is for any thing I know to the contrary unlesse you were all asleep when you past it Nay further My Lords If the Representative Body bee the Parliament as is here confessed and averred and that Representative Body be the House of Commons and none else as before is proved and the House of Commons or Representative Body be the Parliament as here they are called then My Lords what say you to that inference from hence drawn and naturally flowing and arising from the premises and proved by your first Pofition laid down in the fore-cited page 726. which is That the Parliament hath a power in declaring Law in particular cases in question before them and that which is so declared by the High Court of Parliament being the highest Court of Judicature ought not afterwards to be questioned by his Majesty or any of his Subjects for that there lyeth no Appeal from them to any Person or Court whatsoever so that the right and safety both of King and People shal depend upon the Law and the Law for its interpretation upon the Courts of Justice which are the competent Judges thereof and not upon the pleasure and interpretation of private persons or of Publike in a private capacity Good-night my Lords unlesse you will make a little more buzling and so make the stink a little more hot in the Nostrils of all men that have the use of their sences before your snuffe go cleer out the which if you do it will I am confident but cause it to go out with a witnesse And therefore look to it and remember the Star-Chamber the Councell-I able and High Commission Where are they all but in the grave of reproach contumely disgrace and shame And give me leave to tell you of the common Proverb now abroad of Canterbury and Strafford That if in the dayes of their prosperity which were as high and great as yours are or ever were they had thought they should have beene pulled down by the common People whom they strongly labonred to enslave and by their unwearied cryes to the eares of Englands supreame Judges for Justice were justly by them condemned to the block and lost their wicked Lordly Heads in the presence of many of those that they had tyrannized over they would have been more moderate just and righteous in their generations then they were Apply it my Lord s and remember Mr. Lilburn c. and the tyrannie you have exercised upon him for many weekes together both in Newgate and the Tower of London in locking him up close prisoner without the use of Pen Ink or Paper and not suffering his friends nor wife that singular comfort and help that the wise God provided for poor fraile man to set her foot within his Chamber door for about three Weekes together nor she nor any of his friends to deliver to his hands though in the presence of his Keeper meat drink or money and yet you never allowed himm 2. d. to live on that I could heare of and then unjustly sentence him 4000. l. and 7 years Imprisonment in the Tower c. there to be tyrannized over by one â—f your own Creatures Col. West Lieutenant thereof who hath divers weeks divorced him from his wife and
him in the House of those Peers by way of Charge buâ— sends him no Copy of it although it was impossible for him being so close as he was to get a Copy of it himselfe the greatest part of which is taken out of his booke called The Freemans Freedome vindicated and his Epistle to Mr. Wolaston the Jaylor of Newgate both of them made by him in Newgate many dayes after the Lords had CoÌ„mitted him which letter of his to Mr. Wollaston for the excellent matter therein we will insert heere verbarim SIR I this morning have seen a Warrant from the House of Lords made yesterday to Command you to bring me this day at 10. a clocke before them the Warrant expresseth no cause wherefore I should dance attendance before them neither do I know any ground or reason wherefore I should nor any Law that compels mee thereunto for their Lordships sitting by vertue of Prerogative-paâ—ents and not by election or common consent of the People haue as Magna Charta and other good Lawes of the Land tels me nothing to do to try me or any Commonâ—r whatsoever in any criminall case either for life limb liberty or estate but contrary hereunto as incrochers and usurpers upon mâ— freedomes and liberties they lately and illegally endeavored to try mâ— a Commoner at their Bar for which I under my hand and seale protested to their faces against them as violent and illegal incrochers upon the rights and liberties of me and all the Commons of England a copy of which c. I in Print herewith send you and at their Bar I openly appealed to my competent proper legall Tryers and Judges the Commons of England assembled in Parliament for which their Lordships did illegally arbitarily and tyrannically commit me to prison into your custody unto whom divers dayes agoe I sent my Appeale c which now remains in the hands of their Speaker if it be not already read in their house unto which I do and will stand and obey their commands Sir I am a free-man of England and therefore I am not to be used as a slave or Vasâ—all by the Lords which they have alreday done and would further doe I also am a man of peace and quietnesse and desire not to moâ—est any if I be not forced thereunto therefore I desire you as you tender my good and your own take this for an answer that I cannot without turning traytor to my liberties dance attendance to their Lordships Barre being bound in conscience duty to God my self mine and my Country to oppose their incroachments to the death which by the strength of God I am resolved to do Sir you may or cause to be exercised upon me some force or violence to pull and drag me out of my chamber which I am resolved to mantain as long as I can before I will be â—â—mpelled to go before them and therefore I desire you in a friendly way to be wise and considerate before you do that which it may be you can never undoe Sir I am your true and faire conditioned prisoner if you will be so to me IOHN LILBURN From my Cock-loft in the Presse yard of Newgate this 13. of June 1646. And the next day aftere Serjente Finch exhibited his Artiicles being the 11 July 1646. Lieutenant Colonell Lilburne is by vertue of a warrant to the Sheriffe or Sheriffes of London M. Foot and Mr. Kendrik who contrary to Law refused to give him a Coppy of haâ— warrant although hee sent for it by Mr. Bisco â—he Clerk of Newgate brought up to the Lords barr in aâ—most base Contumelious and reproachfull maner the substance of that Warant being to command him to the Lords Barr to heare his charge read But before he was called in hee by his Keeper sent word to the Lords That they being not his Peers and Equals were none of his LEGALL JUDGES and so had no jurisdiction over him and therefore hee would not stoop unto or acknowledge their authority and jurisdiction over him in this particular which he desired a-fore-hand to acquaint them with And that he must be forced out of conscience to that duty he owes to Himselfe his Liberties and the Liberties of his Countrey seeing their LORDSHIPS would neither be satisfied with his Protestation nor Appeale to the COMMONS nor yet with his refusing to kneele at their Bar nor consult with the House of COMMONS about the legality of their proceedings but the third time to send for him who they knew could not in this case stoop unto them as though they were resolved to tread the Liberties of all the COMMONS of ENGLAND under their feet And therefore seeing that they increased in their illegall an unwarrantable presumptioÌ„ he said he must increase in his just detestation of their actions and incroachments In testimony of which hee was resolved to come in with his HATON and to STOP his EARES when his charge was offered to be read which as I understand he accordingly did And having liberty sometimes to speak to them being commanded to withdraw three times and brought in again he told them to this effect with a great deal of resolution That they were not onely not his Judges but the manner of their proceeding with him was against all Law and Justice yea contrary to their own judgement lately given by themselves in February last in his own case of the Star-Chamber and of the Petition of Right For said he My Lords the warrant that commanded me to your Barre did summon me up to answer a criminall charge And being at your Bar I pressed you again and again to see it and earnestly intreated you that if you had any legall charge in writing against me that it might bee produced But contrary to Law and Justice you refused to do it contrary to all law just High Commission-liâ—e pressed me to answer Interrogatories coÌ„cerning myself wâ—â—ch foâ—â—â—◠〈…〉 me to deliver in my ProtestatioÌ„ agaâ—â—â—â—â— you And I have 〈◊〉 apppâ—aled ro my Legall Judges the COMMONS of ENGLAND assembled in PARLIAMENT who have received accepted read and committed my appeale and promised me justice in it And my Lords I tell you to your â—â—ces These are the MEN that ONELY and ALONE have THE SUPREAM POWER of ENGLAND residing in them who when you have done all 〈◊〉 the worst you can they both must and will bee your Judges and mine But my Lords if you will not joyne issue with me there that you may know I neither feare you nor your Charge nor decline a legall proceeding about it preferre your charge against me in any Court of Justice in Westmâ—nster-Hall or any other Court in England rhat hath a legall jurisdiction over me and I will answer you The which if you refuse and will still persevâ—re in your incroachmens upon my Rights and Liberties know my Lords that here to your faces I bid defiance to you to doe the worst you can to me being resolved to spend my
p. 17. Westminster Halls inslaving Lawes Judges Practises from William the Tyrants will pag. 15 16. William the 2. p. 17. Wayes for purchasing liberty and annihilating of the Norman Innovations p. 25 29. Wollastons Letter from L. C. Lilburn p. 67 68. Writs Warrants and Mittimusses how they ought to be made in their formes in the severall Courts p. 78 79 80 81. IT is the saying of the God of Truth by the Prophet Isa 32. 15 16. That he that walketh righteously and speaketh uprightly he that despiseth the gain of oppressions that shaketh his hands from holding of bribes that stoppeth his eares from hearing of bloud and shutteth his eyes from seeing of evill He shall dwell on high his place of defence shall be the Munition of Rocks c. But on the contrary he saith Woe unto them that decree unrighteous Decrees and that write grievousnesse which they have prescribed to turn aside the needy from judgment and to take away the right from the poore of my people that widowes may be their prey and that they may rob the Fatherlesse Chap. 10. 1 2 Now I having read over A BOOK INTITVLED The FREEMANS FREEDOME VINDICATID being Lieutenant-Colonell John Lilborns Narative of the Lords late dealing with him in commitâ—ing him to New-Gate and seriously considering of his condition and of the many base aspâ—rsions cast upon him and bitter invectives uttered against him in some late printed Bookes but especially that of Colonell John Bellamies called A Vindication of the City Remonstrance which came out when he was a close prisoner in Newgate by vertue of as cruell unjust and illegal a Warrant as ever was made by those that professe themselves to be conservators of the peoples liberties yea and I dare say that search all the Records of Parliament since â—hâ— first day that ever there was any in England and you shall not find the fellow of that which is against him The Coâ—â— of which as I find iâ— in that of the JVST MAN IN BONDS thu followeth Die Martiis 23. Junii 1646. ORdered by the Lords in Parliament assâ—mblâ—d That John Lilburn shall staâ—d committed clâ—â—e pâ—iâ—â—er in the Pâ—ison of Newgâ—â— and that he be not permitted to have Pen Inke or Paper and noâ—â— shall have accesse unto him in any kinâ— but onely his Keeper untill this Court doth takâ— further order IOHN BROWN Cler. Parliamentorum To the Keeper of Newgate his Deputy or Deputies Exam. per Rad. Brisco Cler. de Newgate What can be more fuller of arbytrary Tyrannie and illegality then this Order expressing no cause whâ— nor wherfore so not only absolutely against the expâ—essâ— tenour of the Petition of Right but contrary to the very practice of the Hâ—aâ—hen Romanes who it seemes had more morallity reason and justâ—ce in them then these pretended Christian Lords see Acts 25 27. For saith Festus to King Agrippa c. when he was to sâ—nd Paul a prisoner to Rome It seemeth to me unreasonable to send a prisoner and not withall to signifiâ— the Crimes laid against him And although that this Arbitrary illegal Order was extraordinary harshly executed upon Mr. Lilburn and thereby he was as it were tyed hand and foot yet then did Mr. Bellamie watch his opportunity to insult over him when he knew that he was not able to answer for himself O the height of basenesse for a Colonell to be so void of manhood and to finde no time to beat or insult over a man but when he is down and also tyed hand and foot One thing in Mr. Bellamies Book I cannot but take notice of especially and that iâ— this He there cites some things in a Book called ENGLANDS BIRTH-RIGHT and because it hath very high language in it against divers great and corrupt Members of Parliament which is sufficient to destroy and crush the Auâ—hor of it in pieces if he were known And therefore that he mâ—ght load Mr. Lilburn to the purpose he takes it for granted thaâ— Bâ—â—k is his although his name be not to it nor one argumenâ— or circumstance mentioned to prove it his but the absence of his name is a sufficient gâ—ouâ—d to all that knowes him and his resolution to judge Mr. Bellamy a malitious Lyar in that particular Iâ— being Mr. Lilburns common practicâ— for any thing I can percâ—â—vâ— to set his name to his Bookes bâ—th in the BBs days and since which Bookes contain the highest language against the stâ—â—amâ— of â—he Times that I havâ— read of any mans in England that aâ—â—ucâ—eâ—h what he wâ—â—tâ—s As for instance Hiâ— Book called THE CHRISTâ—AN MANS TRY ALL being a Narraâ—â—vâ— of the illâ—gality of the Sâ—ar-Chambers dealing with him and the barbarous inflâ—cting of their bloudy sentence upon him Secondly His Bâ—ok called COME OVT OF HER MY PEOPLE written it seemes when he was in Chaines the fullest of reâ—â—lution that I have read Thirdlâ— THE AFFLICTED MANS COMPLAINT written when he was sick in his close imprisonmâ—nâ— by reason of his long lyiâ—g in Irons Fourthly his Epistle to Sâ—â— MAVRICE ABBOT then Lord Major of London called A CRY FOR JVSTICE Fiâ—â—hly â—is Epistle to the PRENTICES OF LONDON Iâ— both of which he acâ—usâ—th the Bishop of Canterbury ofâ—â—g 〈◊〉 nd â—ffered upon the losse of his liâ—e to pâ—ove it whâ—â— Canterbury was in the height of his glory Sixthly his Home Eâ—â—stle to the Waâ—dâ—ns of the Fleet when he was iâ— their own custody and forced to dâ—fend his liâ—â— and chamber foâ— divâ—rs wâ—â—kâ—s tâ—gâ—ther with a couple of Rapiers against the Wâ—rdâ—â— and aâ—â— his men who had like several times to have murderâ—d Mâ— Lilburn Seventhly his Answer to the nine Arguments of T. B. which laâ—es lâ—ad enougâ— upon the old and new Clergie the rooters up of Kingdomes and States And since the Parliament First His Epistle to Mr. Pryn which both gaules him and the Assembly the thunder-bolt of England Secondly His Reasons against Mr. Pryn delivered at the Committee of Examinations Thirdly His Epistle wrote when he was in the custody of the Serjeant at Armes of the House of Commons which toucheth not a little the corruptnesse acted in that House Fourthly His Answer to Mr. Pryn in ten sheets of Paper called INNOCENCIE AND TRVTH JVSTIFIED a notable and unanswerable piece Fifthly His Epistle to Judge Reeves called THE JVST MANS JVSTIFICATION Fifthly His PROTESTATION AGAINST THE LORDS AND APPEALE TO THE HOVSE OF COMMONS Seventhly His EPISTLE to the Keeper of Newgate dated from his Cock-loft in the Presse-yard of Newgate the 23. of June 1646. The next Bookes that I have lately seen against L. C. Lilburn are two rayling ones made by one S. Shepheard a fellow as full of simplicity â—s malice In both whose Bookes there is not onâ— Argument or one sound reason to disprove what he pretends to confure The first of his Bookes is called The Famers famed or an answer to three things written it seemes by some of Mr. Lilburns friends called First THE JVST MAN
IN BONDS The second A PEARL IN A DVNGHILL The third A REMONSTRANCE OF MANY THOVSAND CITIZENS and other Free-born People of England to their own House of Commons c. The second of Shepheards is called The false Allarme or an Answer to an Allarme To the House of Lords The fourth Pamplet I find against L. C. Lilburn is called Plain â—nglish which last only gives him two wipes in his 4. and 12. pages Therefore in regard that the Author of the City Remonstrance Remonstrated hath put Pâ—n to Paper to answer part of Mr. Bellamies Book but hath not medled with any thing of that which doth concern Lieut. Col. Lilburn And secondly Forasmuch as none that is yet visible have medled with any of the other And thirdly In regard that the man is full of Heroicalnesse and a zealous lover of his Country to whom all the honest free-men of England are extraordinarily oblieged for his constant couragious and faithfull standing for their just liberties that both God Nature and the Law of the Land giveth them Aâ—d â—astly inregard that by a laâ—e published Book called LIBERTY VINDICATED AGAINST SLAVERY I understand of the Lieutenant of the Towers base unworthy illegall and strict dealing with him as in many other things so in keepiâ—g him from Pen and Ink by meanes of which he is unablâ— to speak pubâ—ikely for himself which is a sad barbarous base and inhumane case That a man shâ—uld be so illegally dealt with as he is and abused in print and his good name endeavoured Cum priviâ—egio to be takâ—n away by every Rascall and yet the poor man not suffered to speak a word for himself Oh! horrible and monstrous age that dare without remorse mainâ—am such horriblâ— impiety and injustice Surelâ— I may well say of them with the Propâ—â— Isa Isa 5. 20 23 24 Woe unto them that call evill good and good evill that put darkness for light and light for darknesse that put bitter for sweet and sweet for bitter which justifie the wicked for reward and take away the righteousnesse of the righteous foom him Therfore as the fire devoureth the stubble and the flame consumeth the chaffe so their root shall be rottennesse and their blossome shall go up as dust because they have cast away the Law of Jehovah of Hosts and despised the Word of the holy One of Israel For he that justifieth the wicked and he that condemneth the just even they both are an abomination to Jehovah Prov. 17. 15. In consideration of all which together with many more things I shall endeavour according to that insight I have in Mr. Lilburnes behalf to make a little more work for his enemies the Lords and their Associates But this as a faire adversary I shall advise them either to get stouter Champions that can handle their weapons better then those that have yet appeared or else their cause will utterly be lost I shall not now undertake to answer the particulars in the forementioned Bookes but leave that to another Pen and shall give a home provocation to the best and ablest Lord in England or the choicest Champion they have to produce some sound arguments to maintain their jurisdiction or else their two stooles called Vsurpation and custome upon which they sit will let them fall to the ground And the method that I shall observe shall be this First I will prove that if it were granted that the Lords were a 〈…〉 and had a judicatiue power over the Commons yet 〈…〉 of the Lords dealing with him is illegall and unjust Sâ—coâ—â—ly I will prove that 〈◊〉 the Lords were a Jvdicature yet they 〈…〉 Tâ—â—â—â— I will give some reasons to manifest that they are no Judicaâ—◠〈…〉 â—â—uâ—â—â—ly That they by Law and Right are no Law-makers Fifthly That by Law and Right it lyeth not in the power of tho King â—â—r the Hâ—use of 〈…〉 to deligate the legislative poweâ— eithâ—r to the Lords 〈◊〉 or â—â—â—â—â—yned nor to any other persons 〈…〉 Now for the proofe of these 〈◊〉 auâ—hâ—riâ—y I shall make use oâ— shâ—lâ— â—â—st be dâ—râ—vâ—d â—râ—m Scripture Sâ—coâ—dly from the 〈…〉 and strengâ—h of sound reason Tâ—irdly from he declared Stâ—tâ—te-Law of the Kingdome Fourthly â—rom tâ—is 〈…〉 〈◊〉 Declarations Fifthly aâ—â—â—astly 〈…〉 Histories of England licenced by publike Authority And that I may not raise a Pâ—bâ—iâ—k with â—ut laying a good Foundation I 〈◊〉 set down 〈◊〉 strong and undeniable position which I fiâ—â— aâ— a Pâ—st-scrip◠〈…〉 latter end of 〈…〉 â—ilburns princed Protestation against the Lords which is â—â—us GOD the absâ—luâ—e Sâ—vâ—raigâ—e Lord and King of all things in heaven and 〈◊〉 〈…〉 and 〈…〉 all causeâ— who is 〈…〉 gâ—vâ—râ—ed and lâ—mâ—itted by no rules but doth all things 〈…〉 wâ—ll and unlimitted good 〈…〉 world and all things therein for his owâ— glâ—ry and 〈◊〉 by 〈◊〉 own will and pleâ—suâ—e 〈◊〉 man his meer 〈…〉 the 〈…〉 undâ—r himsâ—lfe over â—l the restâ—â— his â—reaturâ—â— G 1. 1. 26 28. 29. and enâ—ued 〈…〉 with aâ—ationâ—ll â—oulâ— or 〈…〉 a 〈…〉 creatâ—d him aâ—ter his owâ— image Geâ— 1. 26. 7 â—â— 9 â—â— the first of which wâ—s Adam a malâ— or man 〈…〉 of the â—ust or â—lay out of whese side was takâ—n a â—â—b wâ—â—ch 〈…〉 Sâ—veraigâ—e 〈…〉 mighty ereaâ—â—â—g power of God was 〈…〉 or wâ—mâ—â— called â—ue which two are the earthly original â—ouâ—atin as begetter and bringerâ— forth oâ— all and every particular and individuall man and woman that ever breathed in the world since who arâ— â—nd were bâ— nature aâ—l alike in power dignity authority and mâ—jesty none of them â—aving any â—uthority dominion or magist râ—al power one over or aboue another but by instiâ—ution or â—oration that is to say by 〈◊〉 uâ—â—il agreement or consent given derivâ—d or assuâ—â—d by mutuall 〈◊〉 and agreement for the gooâ— bâ—nefit and câ—mfort each oâ— other and not for the misâ—hieâ—e hurt or iamage of aâ—y it being 〈◊〉 irrationâ—ll siâ—â—ull wicked and unjust for 〈◊〉 man oâ— men whatsoever to partâ—â—tâ—â— so much of their power a shall â—nable any of their Parliament men Commâ—ssioners Tâ—ustâ—es Dâ—puties Viceroyes Ministers Officers and servâ—nts to destroy â—nd uâ—doe them therewith And unâ—â—turall iâ—ration 〈…〉 wicked uâ—just divillish and tyraâ—nicall it is for any man whâ—â—soever piâ—iâ—uell oâ— tempâ—râ—ll Câ—ergy-men or Lâ—y-men to â—pâ—ropriaâ—e an â—assume unto himselfe a power â—uthority 〈…〉 govern or raigne over any sort oâ— men 〈◊〉 woâ—ld without their fâ—â—e consent and whosoever dâ—th it whether Clergy-mâ—n or â—â—y other whatsoever do thereby as muâ—h as in them lyes in leavâ—ur to appropriate and assume unto themâ—elves the Office and Soveraignty of GOD who alone doth and is to rule by his â—ill aâ—d pleasure and to bâ—like their Creator 〈◊〉 wâ—s 〈…〉 of the dâ—velâ— who not being content with their first stâ—tion but would be like GOD â—or which siâ— they were throwne downe into Hâ—ll reserved in everlâ—sting câ—atnes under darkenesse unto the judgement of the great day Iude vers 6. And Adams fin it was
Ambassage the most and impious that â—ver was sent by any Christian Prince unto Maramumalim the Moâ—â—â— intituled The great King of Africa c. Wherein he offered to render uâ—to him his Kingdome and to hold the same by tribuâ—â— from him as his Soveraign Lord to forgoe the Christian faith which he held vaâ—â— and receive that of Mahomet But leaving him and his people together by the cares striving with him for their â—â—â—râ—es and freedomes aâ— justly they might which at last brought in the French amongst them to the almost utter ruine and destruction of the whole Kingdome and at last he was poysoned by a Monk It was this King or Tyrant that enabled the Citizens of London to make their Annuall choyce of a Mayor and two Seriffes Martaine 59. The Kingdome being all in broyles by the French who were called in to the aid of the Barons against him and having got footing plot and endevour utterly to extinguish the English Nation The States at Glâ—cester in a great Assembly caused Henry the third his sonne to be Crowned who walked in his Fathers steps in subverting the peoples Liberties and Freedomes who had so freely chosen him and expelled the French yet was hee so led and swayed by evill Councellors putting out the Natives out of all the chief places of the Kingdome and preferred strangers only in their places Which doings made many of the Nobility saith Daniel folio 154. combine themselves for the defence of the publick according to the law of Nature and Reason and boldly doe shew the King his error and ill-advised course in suffering strangers about him to the disgrace and oppression of his naturall liege people contrary to their Lawes and Liberties and that unlesse he would reforme this excesse whereby his Crown and Kingdome was in imminent danger they would withdraw themselves from his Councell Hereupon the King suddenly sends over for whole Legions of Poictonions and withall summons a Parliament at Oxford whither the Lords refuse to come And after this the Lords were summonedto a Parliament at Westminster whither likewise they refused to come unlesse the King would remove the Bishop of Winchester and the Poictonians from the Court otherwise by the common Counsell of the Kingdom they send him expresse word They would expell him and his evill Councellors out of the land and deale for the creation of a new King Fifty and six yeares this King reigned in a manner in his Fathers steps for many a bloody battell was fought betwixt him and his people for their Liberties and Freedomes and his sonne Prince Edward travelled to the warres in Africa The State after his Fathers death in his absence assembles at the New Temple and Proclaim him King And having been six yeares absent in the the third yeare of his reigne comes home and being full of action in warres occasioned many and gâ—eat Levies of money from his people yet the most of them was given by common consent in Parliament and having been three years out absent of the Kingdom he comes home in the 16. year of his reign And generall complaints being made unto him of ill administration of justice in his absence And that his Judges like so many Jewes had eaten his people to the bones ruinated them with delays in their suits and enriched themselves with wicked corruption too comon a practice amongst that generation he put all those from their Offices who were found guilty and those were almost all and punished them otherwise in a grievous manner being first in open Parliament convicted See Speed folio 635. And saith Daniel folio 189. The fines which these wicked corrupt Judges brought into the Kings Coffers were above one hundred thousand marks which at the rate as money goes now amounts to above three hundred thousand Markes by meanes of which he filled his empty coffers which was no small cause that made him fall upon them In the mean time these were true branches of so corrupt a root as they flowed from namely the Norman Tyrant And in the 25. yeare of his reigne he calles a Parliament without admission of any Church-man he requires certain of the great Lords to goe into the warres of Gascoyne but they all making their excuses every man for himselfe The King in great anger threatned that they should either goe or he would give their Lands to those that should Whereupon Humphry Bohun Earle of Hereford High Constable and Roger Bigod Earle of Norfolk Marshall of England made their Declaration That if the King went in person they would attend him otherwise not Which answer more offends And being urged again the Earle Marshall protested He would willingly go thither with the King and march before him in the Vantguard as by his right of inheritance he ought to doe But the King told him plainly he should goe with any other although himself went not in person I am not so bound said the Earle neither will I take that journey without you The King swore by God Sir Earle you shall goe or hang. And I sweare by the same oath I will neither goe nor hang said the Earle And so without leave departed Shortly after the two Earles assembled many Noblemen and others their friends to the number of thirty Baronets so that they were fifteen hundred men at Arms well appointed and stood upon their own guard The King having at that time many Irons in the fire of very great consequence judged it not fit to meddle with them but prepares to go beyond the Seas and oppose the King of France and being ready to take ship the Archbishops Bishops Earles and Barons and the Commons send him in a Roll of the generall grievances of his Subjects concerning his Taxes Subsidies and other Impositions with his seeking to force their services by unlawfull courses c. The King sends answer that he could not alter any thing without the advice of his Councell which were not now with them and therefore required them seeing they would not attend him in this journey which they absolutely refused to doe though he went in person unlesse he had gone into Fraâ—câ— or Scotland that they would yet do nothing in his absence prejudiciâ—â—l to the peace of the Kingdom And that upon his return he would set all things in good order as should be fit And although he sayled away with 500. sayle of ships and 18000. men at Armes yet he was crossed in his undertakings which forced him as Daniel saith to send over forâ—more supply of treasure and gave order for a Parliament to be held at York by the Prince and such as had the managing of the State in his absence wherein for that he would not be disappointed he condescends to all such Articles as were demanded concerning the Great Charter promising from thence-forth never to charge his Subjects otherwise then by their consents in Parliament c. which at large you may reade in the Book of Statutes for which the Commons of
Sons might in regard of that large promise that was made to David that his Sons should sit upon the Regall Throne for many Generations Again the King page 443. ingages to maintain the Priviledges of Parliament as far as ever any of his Predecessours did and as farre as may stand with that Justice which he owes to his Crown which what that is I have before declared and is very fully declared in that Oath which he himself hath taken page 291. although it fail and is very short of that he ought by law and right to take so that now I have fully proved I am confident of it without any starting hole left for contradiction That the King receives his Crown by contract and agreement unto which by Law and Right he is bound and tied I thought to have here inserted some excellent passages for the further illustration of the Position out of the first and second parts of the Observations and a late Book called Maximes unfolded But in regard I have I am afraid been over-tedious already I will refer you to the bookes themselves or in case they be hard to come by to that abridgment of the marrow of them which you shall finde in an excellent and rationall Discourse of Mr. Lilburns against those Vipers and grand Enemies to the Liberties of England the monopolizing Merchants in his Book called Innocenciè and Truth justified page 57 58 59 60 61. I come now to the last branch of the minor Proposition which is THAT KING CHARLES HATH BROKEN HIS CONTRACT AND AGREEMENT And for the proofe of this I must lay downe this assertion That the Parliament is the only proper competent legall supreame Judge of this as well as of all other the Great Affaires of the Kingdom â—s is before largely proved And for further illustration reade Book Declar. pag. 100 112 171 172 170 202 693 716. Now in the next place let us consider what the Parliament in their publike Declaration say of the King who confesses himself as well as the Parliament asserts and proves it that his Oath taken at his Coronation tyes him to raigne and govern according to Law Yet whosoever seriously reades over the first Petition and remonstrance of the State representative of England commonly called the House of Commons who onely and alone have and ought to have that title Pag. 264. 336. 508. 613. 628. 654. 655. 703. 705. 711. 724. 725. 726. 728. 729. 730. The House of Peers being meer usurpers and inchroachers and were never intrusted by the people who under God the fountaine and Well-spring of all just power as well legislative as other with any legislative power who meerly sit by the Kings prerogative which is a meer bable and shaddow and in truth in substance is nothing at all there being no Law-making-power in himselfe but meerly and onely at the most a Law-executing-power who by his Coronation Oath that he hath taken or ought to have taken is bound to passe and assent to all such Lawes as his people or Commons shall chuse as is largely by the forecited Declarations of the Parliament proved Now if he have not a legislative power in himselfe as the Lords themselves by joyning with the Commons in their Votes and Declarations do truly confesse and notably prove how is it possible for him to give that to them which is not inherent in himselfe Or how can they without palpable usurpation claime and exercise a Law-making-power derivatively from the King alone when he hath none in himselfe which they themselves confesse and prove wherefore how can the House of Commons the representative body of England without willfull perjury having so often sworne to maintaine the Liberties of England and without being notoriously guilty of Treason to themselves and others and all those that chuse them and trusted them suffer the Lords to continue in their execution of their usurpations many times to the palpable hazard yâ—a almost utter ruin of the Kingdome by their denial thwarâ—ing and crossing of those things that evidently tends to the preservation of the whole Kingdome and by their pretended leg slative power destroy whole families and fill the Jayles of Londm at their pleasure contrary to Law and right with COMMONS with whom they have nothing to do without being controled by the Trusteâ—s of the people the HOUSE of COMMONS although they be legally appealed to for that end witnesse Mr. Lâ—lburne Mr. Staveley prisoner in the Fleete Mr. Learner for himselfe and servants Mâ— Overton c. to their everlasting shâ—â—â— and disgâ—ace bâ—â—â— spoken Oh therefore awake awake and 〈◊〉 with strength and resolution ye chosen and betrusted ones of England the earthly arme strength thereof and free your Masters and betrusters the whole State of England from those invading â—â—urping Tyraâ—â—â—call Lords Bondage and Thraldoms lest to your shame they do it themselves and serve them as they did the Bishops for preservation your selves siy is just Pag. 44. 150. 207. 496. 637 72â— 226. and is as antient a Law as any is in the Kiâ—gdâ—m pag. 207. And you have also the 17. Aprill last declared that you wilâ— suffer no arbitrary tyrannicall power to be exercised over the freemen of England but the Lords do it therefore if ye be true and just men such who would be believed and trusted do as you say before the Lords by their plots with the enemies of the freedoms of England such as wicked English and Scots Lords and other prerogative Courtiers and corrupt Clergy and patentee Monopolizers and contentious wrangling jangâ—ing and pety fogging Lawyers and by their own impudent and uncontrouled injustice imbroyle this Kingdome in a second warre they and their associates and confederates having been the cause of the by-past warres not for any love to the Liberties of England though that was their pretence but meerly out of malice to the raigning and ruling party at Court whose utmost desire was to unhorse them that so they might get up into the saddle and ride raigne and rule like Tyrants themselves they loving at this very day the King-Prerogative Tyranny and oppression as dearly as any of these at Court which they complained of witnesse their dayly actions and the actions of all their fore-mentioned faction which is lively haracterised in a late Discourse called A Remonstrance of many thâ—usand Citizens and other Free-born People of England to their owne House of Commons and will more fully be laid open shortly in the second part of it But if the Lords think they are wronged by this digression and that their right to their Legislative power is better then is here declared I desire their Lordships or any other for them to let the Kingdome know what better right they have to sit in Parliament then the old Popish Abbots had that are long since as Incrochers abolished Or then the Bishops or the Popish Lords that are lately defunct do Sure I am the right they had was as good as any their
denyed him her society unlesse she would be a prisonor with him and then what should become of them both and of their children having no Lands tâ— live upon and tost already from one Iayle to another for many years together to his great charge although he was but onely committed to be kept in safe custody and from writing scandalous Bookes which the Lieutenant told him he could not doe unlesse hee kept his wife and friends from him but as well he might have said I must also lâ—y you in a Dungeon where you shall neither see day-light nor enjoy a candle It being almost impossible to keepe a man so strictly but he will write if he have day-light and candle-light and so accordingly he bath commanded and executed that neither his wife nor any of his friends should speak with him but in the presence of his Keeper And that the Warders at the Gate take the names and plaâ—es of abode of all those that come to see him That so the Lords may have them all down in their black and mercilesse book and know where to find them when the day of their fierce indignation shall more fuâ—ly smoke against him and all those that have visited him Which some of the Warders have told some of his friends to terrifie them as not far of And this cruelty exercised upon him by the Lieutenant is more then legally can be done to a Fellon Murderer or Traytor and yet this is his portion although hee offeâ—ed to engage his promise to the Lieutenant when he first went in before his brother Major Lilburn and another Major that as hee was a Christian and a Gentleman that hee would suffer his wife and friends according to Law and Right to have free accesse unto him he would promise him not to write a line nor reade a line written while he enjoyed that priviledge which the Lieutenant refused but executed his pleasure upon him And then got their Lordships to make a new illegall Order that he might be kept as he had kept him Now for the Lords to do this to him seeing some of them were Actors in his bloudy Sentences in Star-chamber for which transcendent injustice and sufferings he never had a peny recompence 〈◊〉 thoâ—gh he saith in his fore-mentioned answer to Mr. Pryn he hath spent divers hundreds of pounds to procure it and though he lost not a little that yeere he â—ay prisoner in Oxford for the Parliament see innocency and truth justified Pag. 21. 22. And although the Earle of Manchester and Collonel King detaine his pay from him which he earned with the hazard of his life Pag. 47. 65. 70. and besides all this while he and others have been fighting for liberty and freedome for the whole Kingdome he hath been robbed and deprived of his trade by the monopolizing Merchant Adventurers Pag. 462. Whose knavery and illegall practices he notably anatomizeth and layeth open in the aforesaid booke from pag. 46. to pag. 63. To the Parliaments credit and reputation be it spoken to suffer such vipers to eat out the bowels of this poore Kingdome yea and to set them in the Custome-house and Excise Office to receive the treasure of the Kingdome whose lives and estates for their illegall and arbitrary practises are forfeited to the state as there he proveth it Now after all this for the Lords to commit him for 7. yeares to so chargeable a place as the present Lieutenant of the Tower makes the Tower by his will to bee and takes no care to allow him one penny of the Kings old allowance which was to finde the prisoners their meat drink and lodging and to pay the Lieutenant c. his fees according to the antient legall and just customs of the place What is it else in their Lordships intentions but to starve and destroy the honest man and his wife and children for according to the information I have the fees that have bin demanded there are Fifty pounds to the Lieutenant Five pounds a mans upper garment to the Gentleman-Portâ—r Forty shillings to the Warders Ten shillings to the Lieutenants Clarke Tâ—n shillings to the Minister Thirtâ— shillings per week for suffering the prisoners to dresse their own diet and about so much a week for Chamber-rent besides what it costs them for their diet And all this demanded without any coulor of Law Justice or righâ— as is â—argely proved by a late booke called Liberty vindicated against Slavery Oh ye Commons of England what neede have you to be combined together to maintaine your common interest against these usurping cruel and mercilesse Lords and to take speciall heede that by their charmes and Syren-like songs you be not divided about toyes into factions to your own destruction and ruine that being vifibly the game to the eyes of rationall men which they and their agents have now to play and by the foote you may easily judge what the beare is But now after this necessitated digression let us returne back to the King and to his forfeiting his trust which is to protect his people from violence and wrong and governe them according to law Let us consider what his and our supreame legall and rightfull Judges The House of Commons the State representative of England in their Petition and Remonstrance presented to him at Hampton Court 15. December 1642. and which begins book declaration pag. 1. and ends pag. 21. Say And we shall cleerly finde that they evidently make plaine to the King and the whole Kingdome That his 17. yeers raigne was filled up with a constant continnued Act of violating the Lawes of the Kingdome and the Liberties of his people Yes in pag. 491. They plainly say that before this Parliament the Lawes were no defence nor protection of any mans right all was subject to will and power which imposed what payments they thought fit to draine the subjects purses and they who yeelded and complyed were countenanced and advanced and all others disgraced and kept under that so mens minds made poore and base and their liberties lost and gone they might be ready to let go their religion And the rest of the regall tyrannicall designes there most acutely anatomised to which I referr the reader as a peece extraordinary much worth the reading And though the King this Parliament signed divers good Lawes as though he intended to turne over a new leafe Yet the Parliament tell him plainly that even in or about the time of passing those bills some designe or other hath been on foote which if it had taken effect would not onely have deprived us of the fruits of those bills but would have reduced us to a worse condition of confusion then that wherein the Parliament found us see pag. 124. in which the King himselfe was a principall acter And so they charge him to be pag. 210. 211. 216. 218. 221. 227. 228. 229. 230. 493 494. 496. 563. Yea and they plainly declare that the King had a finger in the
Councellers hath now at last resolved to set up his royall Standard and draw his sword for the destruction and ruine of his most faithfull and obedient people whom by the lawes and constitutions of this Kingdome he is bound to preserve and protect Yea and in their answer sent to his Messenger from Nottingham August 25. 1642. pag. 580 They tell him plainly that though they have used all meanes possible to prevent the distractions of this Kingdome which have been not onely without successe but there hath followed that which no ill Councell in former times hath produced or any age hath seene namely those severall Proclamations and Declarations against both the Houses of Parliament whereby their actions are declared Treasonable and their persons Traytors and thereupon your Majesty hath set up your Standard against them whereby you have put the two Houses of Parliament and in them this whole Kingdome out of your protection and as I may truly say have thereupon virtually ceased to be King so that untill your Majesty shall recall those Proclamations and Declarations whereby the Earle of Essex and both Houses of Parliament and their adherents and assistants and such as have obeyed and execuâ—ed their commands and directions according to their duties are declared traytors or otherwise delinquents And unâ—ill the Standard set up in the pursuance of the said Proclamations be taken downe your Majesty hath put us into such a condition that whil'st we so remaine we cannot by the fundamentall priviledges of Parliament the publike trust reposed in us or with the generall good and safety of this Kingdome give your Majesty any other answer to this Message The same language they speake to him in their Petition pag. 584. And in their Message pag. 585. And in their Petition 587. And in their Declaration pag. 576 They say plainly that the King seduced by wicked Councell doth make warre against his Parliament and people And in their Petition sent by Sir Philip Stapleton to the Earle of Essex to be presented to His Majesty pag. 617. They say positively His Majesty warres against the Parliament and subjects of this Kingdome leading in his own person an Army against them as if he intended by conquest to establish an absolute and unlimitted power over them and by his power and the continuance of his presence have ransacked spoyled imprisoned murthered divers of his people yea and doth endeavour to bring over the Rebels of Ireland and other forces from beyond the Seas And in their Declaration and resolution after the King had proclaimed the Parliament and the Earle of Essex Traytors pag. 508. 509. They call that very Proclamation an attempt so desperate and so transcendently wicked that the Lords and Commons do unanimously publish and declare that all they who have advised contrived abâ—â—ted or countenaâ—ced or hereafter shall abett and countenance the said Proclamation to be Traytors and enemies to GOD the King Kingdome and to be guilty of the highest degree of Treason that can be comitted against the King and Kingdome that they will by the assistance of Almighty God and of all honest English Protestants and lovers of their Country do their best endeavours even to the utmost hazard of their lives and fortunes to bring all such unparalleld traytors to a speedy and exemplary punishment Be sure you be as good as your word for GOD of all villians abhors faith-breakers and take heâ—d by your actions and treatyes with the unjust and false King Charles one of the Monsters of the earth you do not give a just and visible cause of ground not onely to all rationall men in England but in the world that knowes reades and understands your often solemn sworne Oathes vowes Protestations and ingagements to judge you a forsworne false and perjured Generation and fit to be abhorred of GOD and all good men for to speake truth and right Hath not Charles Stewart committed treason against King Charles sure I am he hath done it against the KINGDOME of ENGLAND and that I prove by your own grounds thus The Proclamation that you so much cry out of comes out in his name and stile pag. 503. 404. 406. 507. And therefore his Ergo. For he ownes his own Proclamations and Declarations and jeeres you for a company of simpletons for declaring it otherwise His words pag. 248. are All our answers and Declarations have been and are owned by us and have been attested under our hands if any other had been published in our name and without our authority It would be easy for both Houses of Parliament to discover and apprehend the Authors And we wish that whosoever was trusted with the drawing and penning of that Declaration namely the Parliaments dated 19 of May 1642. had not more authority or cunning to impose upon or deceive a major part of those votes by which it passed then any man hath to prevaile with us to publish in our name any thing but the sâ—nce and resolution of our own heart And since this new device is found out in stead of answering our reasons or satisfying our just demandes to blast our Declarations and answers as if they were not our own a bold senselesse imputation we are sure that every answer and Declaration published by us is much more our own then any one of those bold threatning and reproachfull Petitions and remonstrances are the acts of either or both houses Yâ—a and as if all this were not enough to be done by a trust sufficiently for ever to declare the forfeiting of his trust and Kingly Office the King himself hath caused the Iewels of the Crown to be pawned to buy instruments of warre to butcher and murther his people who never gave him any power and authority for any other end but to protect defend and preserve them neither did he ever in his life injoy any other power either from God or man but for that end yet in his speech to the people of SALOP he declares he will melt down all his own Plate and expose all his land to sale or morgage though it be none of his but the Kingdomâ—s that so he may the faster cut the throats and shed the innocent blood of those his brethren that betrusted him with all he had or hath for their good and welfare Yet to fillup the measure of his iniquity he not his evill counsellors hath given Commission to his Commissioners of Array Sheriffes Mayors Justices Bailiffes or any other whatsoever to raise Force and to kill and slay all such as should hinder the EXECVTION of his Royall command or put the Ordinance of Militia though it were for their own preservation in Execution pag. 581. And the same bloody murdering Commissions he hath given to his Instruments in Scotland Ireland to Butcher destroy and ruinate the people there So that to sum up all the Parliament told him plainly in their late letter sent to him at Oxford That he was guilty of all the innocent blood
but he was also made King at Shechem by all Israel 1 King 12. â— And afterwards Jeroboam the son of Nebat Solomons servant and all the congregation of Israel went to Rehoboam to claim the making good of the GREAT CHARTER of Nature viz. to claim relaxation of oppression and protection according to justice that is to say that he should doe to them in governing them justly as he would have them to doe to him in yeelding him subjection and obedience this being the whole Law of GOD both Naturall and Morall and therefore they tell Rehoboam that the King â—his Father had broke their Charter and made their Yoak grieuous which you may read of in Chap. 4. Now therefore make thou observe they doe not say Most gracious Soveraigne nor Most excellent Majesty the grievous service of thy Father and his heavy yoak which he put upon us lighter and we will serve thee But the King rejecting the advice and counsell of his old and gâ—od Counsellors which as we may say was to govern them according to Law contained in Magna Charta and the Petition of Right c. and not to rule and governe them according to his Prerogative or perverse Will For they tell him If thou wilt be a servant unto this people this day and wilt serve them mark it well and answer them and speak good words to them then they will bee thy servants for ever But he forsook the counsell of the old men which wee may call GOOD COMMON-WEALTHS-MEN and followed the advice of his young-men which we call the Cavaliers or men for the Prerogative And saith the Text he answered the people roughly saying My Father made your yoak heavy and I will adde to your yoake My Father also chastised you with whiâ—s but I wil chastise you with Scorpions 1 Kings 12. 3 4 5 6 7 8 14. But saith the Text vers 15 when all Israel saw that the King hearkeâ—ed not unto them the people answered the King saying What portion have we in David Neither have we inheritance in the son of Jesse To your Tents O Israel Now see to thine own house David So Israel departed to their tents and revolted or rebelled against the House of David and called all the coÌ„gregation of the people together and with an unanimous consent made Jeroboam King over all Israel as Rehoboam was over Juda having both an assignation from GOD 1 King 11. 11 12 13 26 29 30 31 35 37 38. and a solemne legall publick Call and Election from the people 1 Kings 12. 2 3 20 21. and of his Regality and Kingship as legally and justly by God himselfe approved by sending his Prophet tobring the kingdom back to Solomons son to command him and Juda c. Observe he calls them not Rehoboams people not to goe up nor fight against their brethren the children of Israel Which command as most just they observed vers 21 22 23 24 Yea and God himselfe in the 14. chapter and 7. verse beareth witnesse that he himselfe exalted Jeroboam from among the people and made him Prince over his people Israel and rent the Kingdome from the house of David and gave it unto him And afterwards when God upbraids him it was not because he was an usurper a traytor or a â—ebeâ—l against his masters son King Rehoboam but because he had not been as his servant David was who followed him with a perfect heart but had done evill above all that was before him in making him other Gods and molten Images to provoke me saith God to anger and hast cast me behind thy back So that here is a cleare demonstratioâ— that it is lawfull in the sight of God as well as in the sight of Man for a people to with-draw their obedience from that Magistrate or King that refuseth to govern them by legall justice but oppresseth them contrary to the end of the trust reposed in him which was never for their woe but for their weale and so breakes that tacit contract that by vertue of his Induction into his Office is Naturally and Rationally implyed to be made although it never be expressed It being as the Parliament saith Book Declar. Pag. 150. irrationall to conceive that when the Militiâ— of any is comâ—itted to a Generall although it be not with any expresse condition that he shall not turne the mouthes of his Cannons against his own Souâ—diers for say they that is so naturally and necessarily implyed that its needlesse to be expressed insomuch as if he did attempt or coÌ„â—â—nd any such thing against the nature of his trust and place it did Ipso facto estate the Armie in a right of disobedience except we thinke that obedience binds men to cut their own throates or atleast their Companions Having laid this foundation I will come now to speak something of those five particulars which is before-mentioned and laid down in the sixth page of this Discourse which are thus expressed First if it were granted that the Lords were a legall Jurisdiction and had a judicative power over the Commons yet the manner of the Lords dealing with Lieut. Col. Lilburn is illegall and unjust Secondly That if the Lords were a Judicature yet they have no jurisdiction over Commoners Thirdly That they are no Judicature at all Fourthly That they by Law and Right are no Law-makers Fifthly That by Law and Right it lyeth not in the power of the King nor in the House of Commons it self to delegate the legislative power either to the Lords divided or conjoyned nor to any other persons whatsoever For the first of these viz. That the manner of the Lords proceeding with Lieu. Col. Lilburn was and is illegall is cleer and that I prove thus The Law requires that before the body of a Free-man be attached or summoned to a Bar of Justice to answer a Chage that there shall be an originall Declaration or Charge filed in the Court before so much as either the Writ Attachment or Warrant go out to seize upon or summon the party accused See Sir Edw. Cookes 2. part Institut f. 46 50 51. Read the Statuâ—e c. quoted in those Margents but there was no such matter in Mr. Lilburns case For although as he declares in his book called The Freemans freedome vindicated page 3 the Lords 10. June 1646. sue out a Warrant to summon him upon sight thereof to answer such things as he stands charged with before their Lordships concerning a Pamphlet entituled The just mans justification or A Letter by way of Plea in Barre And accordingly the 11 of June 1646. he appeared at their Bar expecting there to have received a written Charge according to Law and Justice which they both refused to shew him or let him know whether they had any such legall Charge or no against him but presse him contrary to the Petition of Right and the Law of the Land to answer to Interrogatories concerning himself a practice condemned by themselves in his own case
heart blood against you in this way My Lords said he are not you the men that first engaged this kingdome in this present warre And you pretended and swore it was for the maintenance of the lawes and liberties of England But my Lords if you dissembled or were in jest I am sure said he I was reall and in good earnest And therefore my Lords before you shall wrest out of my hand my essentiall liberties and freedomes and that which makes me a man and to differ from a beast having already run the hazards of so many deaths for the preservation of them as I have done I tell you plainly and truly I will by the strength of GOD vâ—nture my life and blood as freely and resolutely against you in this particular as ever I did in the field against any of the Cavaliers who you told us endevoured and intended to destroy the lawes and liberties of England And some of your selves know that that was resolutely enough And much more as I understand he told them then which I leave to the relation of his own pen and hand which I beleeve the world will shortly see But they went on and sentenced him two thousand pounds to the King for his present contempt at their Barre and two thousand pounds for his pretended crimes contained in their Articles which they took pro confesso because he would not heare them read But in regard that his wives late petition delivered to the House of COMMONS September 23. 1646. doth notably and excellently set forth the illegality of the manner c. of the Lords proceedings with him we judge it very necessary here to insert it not only for the proof of the thing in hand but also for her exceeding commendations in so close following her husbands businesse in his great captivity with such resolution wisdome and courage as she doth whose practice herein may be a leading just and commendable president for all the wives in England that love their husbands and are willing to stand by them in the day of their tryall Her petition thus followeth To the Chosen and betrusted Knights Citizens and Burgesses assembled in the high and supream Court of PARLIAMENT The Humble Petition of ELIZABETH LILBURNE wife to Lieu. Col JOHN LILBURNE who hath been for above eleven weeks by-past most unjustly divorced from him by the House of Lord and their tyranâ—icâ—ll Officers against the Law of GOD and as she conceives the Law of the Land Sheweth THat you only and alone are chosen by the Commons of England to maintain their Laws and Liberties and to do them justice and right a a Coll. of decl pag 254. 336. 382. 508. 613. 705. 711 716. 721. 724. 716 7â—1 72â— 73â— which you have often befor God and the World sworn to do b b Coll. Decl. page â—61 663. protestation and covenant yea and in diveâ—â— of your Declarations declared it is your duty in regard of the trust reposed in you so to doe c c Coll. decl pag. 81. 1â—2 262 266 267 340 459. 462 471 4â—3 58â— â—9â— without any private aimes personall respects or passions whatsoever d d Col. decl p. 4â—4 490. 750. And that you think nothing too good to be hazarded in the discharge of your consciences for the obtaining of these ends e e Colâ— decl p. â—14 And that you will give up your selves to the uttermost of your power and judgement to maintain truth and conforme your selves to the will of God f f Col. declar p. â—66 which is to â—oâ— justice and g g ler 22 16. 15. 16. 17. right and â—ecure the Persons Estates and Liberties of all that joyned with you h h Col declar 6â—6 673. imprecating the judgments of Heaven to fall upon you when you decliâ—e from these ends * * Col. Declar 4 you judging it the greatest scandal that can be laid upon you that you either do or intend to subvert the Lawes Liberties freedoms of the people i i Col. declar p. 264. 281. 494. 497. 654. 694. 696. Which freedoms c. you your selves call The coÌ„mon birth-right of English-men k k Col. declar p. 738. 140. â—45 who are born equally sreeâ— and to whom the law of the land is an equal inheritance and therefore you confesse in your Declar. of 23. Octob. 1643. l l Pag. 660. It is your duty to use your best endevours that the meanest of the CoÌ„monalty may enjoy their own birth-right freedom liberty of the laws of the land being equally as you say intitled thereunto with the greatest subject The knowledge of which as coming from your own mouthes and Pen imboldned your Petitioner with coÌ„fidence to make her humble addresse to you to put you in mind that her husband above 2 moneths agoe made his formal legall appeale to you against the injustice and usurpation of the Lords acted upon him which you received read coÌ„mitted and promised him justice in But as yet no report is made of his busines nor any relief or actual justice holden out unto him although you have since found time to passe the CoÌ„positions pardons for the infranchising of those that your selves have declared Traytors and Enemies to the Kingdom which is no small cause of sorrow to your Petitioner and many others that her husband who hath adventured his life and all that hee had in the World in your lowest condition for you should bee so slighted disregarded by you as though you had forgot the duty you owe to the kingdom and your many Oathes Vowes and Declarations ** ** Decl. 460. 498. 666. 673. which neglect hath hastened the almost utter ruine of your Petitioner her husband and small Children For the Lords in a most tyrannicall and barbarous manner being encouraged by your neglect have since committed her husband for about three weeks close prisoner to Newgate locked him up in a little room without the use of pen ink or paper for no other cause but for refusing to kneel at the Bar of those that by law are none of his Judges m m Magna Charta 29. Sir E. Cook 2 part Instit fol. 28. 29. Rot. 2. â— 3. The cruell Jaylors all that time refusing to let your Petitioner or any of his friends to set their feet over the threshold of his chamber door or to come into the prison yard to speak with him or to deliver unto his hands either meat drink money or any other necessaries A most barbarous illegall cruelty so much coÌ„pâ—ained of by your selves in your Petition Remonstrance to the King 1. Decemb. 1641. n n Col. declar 6 7 8. and detested abhorred there by you as actions cruelties being more the proper issues of Turks Pagans Tyrants and men without any knowledge of God then of those that have the least spark of Christianity Honour or justice in their bâ—easts And then while they thus
first time hee came before them Iune 11. 1646. After he was come into the House some of his friends and some strangers stept in as by Law and Justice they might But the Earl of Manchester as Speaker of that House commanded them all to withdraw which they were forced to doe And this I averre not by hear-say but out of knowledge And the second time he came before them which was 23 Iune 1646. It was little otherwise his friends being turned out of doores though some of his enemies scoffers and deriders were permitted to stay And the third time which was upon the 11. Iuly 1646 as I understand he had much adoe with the dore-keepers to get his wife to be admitted in though a great many of the Sheriffes Sharks and Caterpillars that accompany the Hang-man to Tyburn the day he doth execution were freely admitted Hounscot the tyrannicall Prelates old-cruell Catchpole and now the Lords speciall Darling and Favourite a man transcendent in basenesse and wickednesse and therefore more fit sor their Lordships with some others of their own creatures were admitted in as parties fit to bear false witnesse against him and make false reports of his and his honesty And Lieutenant-Colonel Lilburns friends were so far from being admitted into the Lords House to see and behold the justnesse of their proceedings that the doore of the Painted-Chamber was locked and strongly guarded against them and if any of them in the croud got in there they had a second barre at their Lordships doore and if by great chance they at the opening thereof crowded in the Officers that stood at the inner doore took special care to hinder them from admittance there Oh the height of injustice and basenesse at the doing of which or hearing of it the Lords may justly blush for shame if they had either any honesty or ingenuity left in them and thus much for the first Position I come now to the second which is That if the Lords were aâ— Iudicature yâ—t they have no jurisdiction over Commoners But this is so fully proved in Mrs Lilburns Petition that I shall need to say no more to it but referred the judicious Reader thereunto and to a Printed Letter written by Mr. R. OVERTON a prisoner in Newgate committed thither by the Lords to Colonell HENRY MARTIN a Member of the Honourable House of Commons which Letter is a most notable rationall peece worth the reading I passe now to the third which is to give you some reasons to manifest that the LORDS are no Judicature tâ—all But â—eâ—r I shall crave leave to informe the Reader that the foregoing diseourse was made and finished above two moneths agoe and hearing that there was an Order from the Committee appointed by the House of Commons to consider of the priviledges of the Commons of England to bring Lieutenant Collonel Lilburne up before them I conceived he would then be aâ—liberty to write himselfe aâ—d his discourse I thought might adde much to strengthen the things I drive at and desire to declare and prove and therefore I â—avâ— sate still without makeing any pâ—â—gâ—â—sse to finish this discourse till this present conclusiâ—n of this present mâ—neth of November 1646. And my expectation I have not failed for he hath published two notable discourses of his own and some freind of his a third and therefore I shall earnestly desire the studious and inquisitive Reader for the further illustration and proofe of the first and second positions lavd down in pag. 6. and already handled in pag. 63. 64. 65. 78. c. seriously to read over the 23 24 25 26 27 28 29 30 31. pages of his first book called Londons Liberty in Chaines discovered printed Octob. 1646 And the 5. 6 7 8 9. 11. 14. 22. pages of his speech to the aforesaid Committâ—e Nov. 6. 1646. and since by him published in print and called An Anatoamy of the Lords Tyranny And the 23 24 37 38 29 40 41 42 43 44. 46. 47. pages of his friends booke called Vox Pâ—ebis a most notable discourse In the 26 27 28 29 31. 32. pages of which you may reade his Charge and â—entence in the House of Lords Now having premised this I returne to the third thing to be handled which is to give you some reasons to manifest that the Lords House are no â—udicatour at all And for the illustration of this I shall desire it may be considered that no jâ—dicaâ—ure can justly be erected or set up unlesse it legally derive pâ—wer from those that have a legall power to erect constituce or institute it and I thinke this will be granted of all sides And therefore let us make inquisition who according to law and right in England â—ave an originall and true power to erect judicatures aâ—d I say onely the legall Commissioners of the people commonly called the Commons of England Assembled in Parliament and not the King who is not to give a law unto his people but his people unto him as is before largely proved pages 37 38 39 40 41 42 43. And as he confesseth in his Coronaâ—â—on-Oath that he hath taken or ought to have taken which you may read before pag. 31. 32. and which is declared by the statute of provisoes of benefices made Anno. 25. Ed. 3. Annodom 1350. which you may read in the statutes at large pag. 157. about the midst of which you have these words whereupon the said Commons have prayed our said Lord the King that sith the right of the Crowne of England and the law of the said Realme is such that upon the mischiefes and damages which happen to his Realme he ought and is bound by his oath with the accord of his people in his Parliament thereof to make remedy and law and in removing the mischiefes and damages which thereof insue that it may please him thereupon to ordaine remedy and it followes in these words Our Lord the King seeing the mischiefes and damages before mentioned and having regard to the said statute made in the time of his said Grandfather and to the causes contained in the same which statute holdeth alwayes his force and was never defeated repealed nor adnulled in any point and by so much he is bounden by his Oath to cause the same to be kept as the Law of his Reaâ—me though that by sufferance and negligence it hath been sithence attempted to the contrary c. But the House of Peeres neither derive nor challenge their Iudicature not in the least either from Commons in generall or from their Commissioners Deputies Trustees or Representors in Parliament Assembled and therefore are no legall Iudicature at all And that they do not derive their power either from the people under God the absolute and alone fountaine of all true power or their Commissioner read before pag. 45. where you shall finde that the King their groundlesse creator saith they have their power by blood and themselves claime it from no truer fountaine then by
vertue of their being the Sons of prerogative Lords Earles Dukes or Barrons Now if you please to reade the Chronicles of this Kingdome you shall find that this thing called prerogative flowes meerly from the wills and pleasures of Robbers Rogues and Theâ—ves by vertue of which they made Dukes Earles Barrons and Lords of their fellow Robbers Rogâ—es and Theeves the lineall issue and progeny of which the present House of Peers are having no better right nor title to their present pretended judicature then meer and absolute usurpation and the will and pleasures of the potent and enslaving Tyrants alias Kings of this Kingdome for I read in Speeds Chronicle pag. 413. 416. 417. and in Daniel pag. 27. 28. That the Normans in France came antiently of a mixt people from the Norwegians Swedens Danes practising practises upon the Coasts of Belgia Frizia England Ireland and France and proceeded in their hardy and wicked courses even to the Mediterranean Seaâ— which drove the French to such extremity that King Charles the bald was forced to give unto Hasting a Norman Arch-Pirate the Earldome of Charters to aslwage his fury exercised upon his people and also King Charles the Grosse granted unto Godfrey the Norman part of Newstria with his Daughter in Mariage yet all this sufficed not but that the Normans by force of Armes seated themselves neere unto the mouth of Sâ—in taking all for their own that lay comprised betwixt that River and the River Loyre which Country afterwards took the name of Normandy from those Northern guests at which time King Charles the simple confirmed it unto Rollo their Captaine and gave unto him his Daughter Gilla in Mariage which Rollo with divers misdoers and outlawed men were forced to flye out of their own Country which Rollo of the Danishrace was the first Duke of Normandy whose Son William was the second Duke of Normandy and Richard his Sonne was the third Duke of that Country And his Sonne Richard the second was the fourth Duke thereof And Richard the third his Sonne was the fifth Duke of Normandy And Robert his brother and Sonne to Richard the second was â—he sixth Duke of Normandy who was Father to our William the Conqueror who was the seventh Duke of Normandy whom Duke Robert begat of one Arleâ— or Arletâ—ce a whore and a mean woman of Phalisiâ— in Normandy who was the Daughter of a Skinner being resolved to go visite the holy Sepulcher having no more Sonnes but William his bastard he calles his Nobility together and tells them In case I dy in my journey as he did I have a little Bastard of whose worthinesse I have great hope and I doubt not but he is of my begetting him will I invest in my Dutchie as mine heire and from thenceforth I pray you take him for your Lord which they did And this Bastard in his youth having many sharp bouts and bickerings with Roger de Tresny and William Earle of Arques brother to Duke Robert and Sonne to Richard the second c. who lay claime to the Dutchie as right and true heires to it but William the Bastard being too hard for them all and by these wars grew to great experience in feaâ—es of Armes which with his marying of Matild the Daughter of Baldwâ—n the fifth Earle of Flanders a man of great might and power provoked the French King to fall upon him to abate his greatnesse and curbe his pride but bastard William twice defeating two powerfull Armies of the Kingâ— with great overthrowes broke the heart of the King of France which gave the bastard Duke of Normondy joyfull peace in which calme the King makes a journey over into England to visite King Edward the Confessor his kinsman who had had his breeding in Normandy by Duke Richard the second the bastards Grandfather And after his returne back againe St. Edward the King of England dyeth Whereupon William the bastard busieth his thoughts how to obtaine the Crowne and Scepter of England unto which he makes certaine pretended claimes as being granted unto him by King Edward which was but a weake pretence as King Harold in his answer to him informes him Speed 404. telling him that Edward himselfe coming in by election and not by any title of inheritance his promise was of novalidity for how could he give that wherein he was not interessed And though William the bastard urgeth to Harol his Oath given him iâ— Normandy yet he answered his Embassadour that his Masters demand was unjust for that an Oath extorted in time of extremity cannot binde the maker in Conscience to performe iâ— for that were to joyne one sin to another and that this Oâ—th was taken for â—eare of death and imprisonment the Duke himselfe well knew but said he admit it was voluntary and without feare could I then a Subject without the allowance of the â—ing and the whole State give away the Crownes Successâ—â— to the prejudice of both Speed fol. 403. 404. But although the bastard Duke had no better claime but this which was worth just nothing at all Reade before pag. 20. 21. 24. 27. 28 3â— 60. 61. Yet notwithstanding William the bastard pâ—rleveres in his proud wicked and bloody intentions and calses an Assembly of the States of Normandy together and with importunate solicitations solicits them to supply him with money the very sinews of war to carry on his intended invasion of England but they unanimously refuse and decline it At length seeing this prottaction and difficulty in general he deals with his deerest and most trusty friends in particular being such as he knew affected the glory of action and would adventure their whole estates with him As William Fitz-Auber Count de Bretteville Gualtaer Gifford Earle Longueville Roger de Beaumont with others especially his own brothers by the mother whom he had made great as Odo Bishop of Baynox and Robert Earle of Mortaign and unto these he shewed his pretended right and hope of England wherein prefeâ—ment lay even to the meanest amongst them onely money was the want which they might spare neither should that be given nor lent without a plentiful increase With such faire words he drew them so on that they strove who should give most And by this policie he gathered such a masse of money as was sufficient to defray the warre And not onely wan he the people of his own Provinces to undertake this action but drew by his faire perswasions and large promises most of the greatest Princes and Nobles of France to adventure their persons and much of their estates with him as Robert Fitz-Harrays Duke of Orleance the Earles of Brittaigne Ponthieu Botogne Poictcu Maine Nevers Hiâ—fins Aumal le Signieur de Tours and even his mortall enemy Martel Earle of Anjou became to be as forward as any Besides to amuze the Court of France and dazzle a young Prince then King he promised faithfully if he conquered this Kingdome to hold it of him as he did
judicative power nor a legislative power inherent in him as is strongly undeniably and unanswerably proved before in pag. 43 44 46 47 60 61. And therefore away with the pretended power of the Lords up with it by the roots and let them sit no longer as they do unlesse they will put themselves upon the love of their Country to be freely therby chosen as their â—oÌ„missioners to sit in Parliament for I am sure in right all their actions now are unbinding and unindivalid which becomes you O all ye Free-men or Commoners of England out of that duty you ow to your selves yours and your native Country throughly and home to set forth by Petition to your own HOVSE of COMMONS and to desire them speedily to remove them before the Kingdome be destroyed by their crosse proud and inconsistent interest for little do you know what Scotch-ale divers of them are now a brewing Read the Histories of William the Conqueror and you shall easily find that the pride and contention of those English-men that were called Lords amongst themselves was no small cause of the losing of this Kingdome to that Tyrant for saith Speed fol. 409. After the Normans had slain King Harold and overthrown his Army the two great Earles of Yorkshire and Cheshire Morcar and Edwine coming to London where the Londoners c. would gladly have set up Edgar Atheling the true Heire to the Crown to have been their Captain Generall to have defended them from the powerfull Norman Invaders who now was exceedingly fleshed with his victory and now likely to over-run the whole Land yet such was the pride and baesenesse of these two great Lords that the misery distresse and fearfull estate of their native Country could not disswade from their ambition plotting secretly to get the Crown to themselvs which hindered that wise and noble design and totally lost their native Country O COMMONS OF ENGLAND therefore beware of them and have a jealous eye over them and take heed that when it comes to the pinch they serve you not such another trick again For I am sure their interest is not yours nor the publikes neither is it consistent with their ends that you should enjoy Justice or your undeniable and just rights liberties and freedomes And well to this purpose saith Daniel pag. 36. That after the Bishops and the Clergy had shewed their aversnesse to the erecting of that probable meanes that was propounded to hinder the theevish invader the Nobility considering they were so born and must have a King and therefore considering of his power made them strive and run head-long who should bee the first to pre-occupate the grace of servitude and intrude them into forraign subjection So that the poor Commons like a strong vessell that saith hee might have been for good use were hereby left without a stern and could not move regularly trusting and resting it seemes too much upon those Lords which I call the broken Reeds of Egypt by whom they were undone But for the further cleeâ—ng of the Originall of the House of Peers pretended power I shall desire the understanding Reader to read over a little Treatise printed in Anno 1641. called The manner of holding of Parliaments in England in the 28. pag. hee saith King Harold being overcome William the 1. King and Conqueror having obtained the Soveraignty according to his pleasure bestowed Dignities and Honours upon his companions and others Some of them so connext and conjoyned unto the Fees themselves that yet to this day the possessors thereof may seem to be inabled even with the possession of the places only as our Bishops at this day by reason of the Baronies joyned unto their Bishoprickes enjoy the title and preheminence of Barons in highest Assemblies of the Kingdome in Parliament he gave and granted to others Dignities and Honours together with the Lands and Fees themselves hee gave to Hugh Lupas his kinsman a Norman and sonne to Emma sister to the Conqueror by the Mother the Earldome of Choster Adconquirendum AngliaÌ„-per Coronam that is in English to conquer and hold to himself and his Heires as free by the Sword as the King of England held it by his Crown to HANNVSRVFVS then Earl of Britain in France the Earldome of Richmond It a libâ—re honorifice ut eâ—ndem Edwinus Comes antea tenueâ—at that is in English as freely and honourably as Edwine Earle held it before And the Earldome of Arundel which Harrold possessed he granted with a fee unto Roger of Montgomeny And in page 33. the same Author declares That Kings sometimes not regarding the Solemnities of Ceremonies and Charters have only by their becks suffered Dignities and Honours to be transferred So that by what Iam able to gather out of ancient Histories William the Conquerour absolutely subdued the Rights and Priviledges of Parliaments held in England before this time The manner of holding of which as the same Author in his first page declares was by the discreet sort of the Kingdome of England rehearsed and shewed unto the Conquerour which as hee saith he approved of And the same doth John Minshew say in his Dictionary published and printed at London July 22. 1625. fol. 526. his words are these In England the PARLIAMENT is called for the debating of matters touching the Common-wealth and especially the making and correcting of Lawes which Assembly or Court is of all other the highest and of greatest authority as you may read in Sir Thomas Smith de Re. Angl. lib. 2. cap. 1. 2. Cambd. Brit. Compt. Juris fol. 1. And see the Institution of this Court Polydor Virgil lib 11. of his Chronicles referâ—eth after a sort to Henry 1. yet confessing that it was used before though very seldome You may find saith he in the former Prologue of the grand Customary of Normandy That the Normans used the same meanes in making their lawes In a Monument os Antiquity shewing the manner of holding this Parliament in the time of King Edward the sonne of King Etheldred which as the Note saith was delivered by the discreeter sort of the Realm to William the Conqueror and allowed by him This writing began thus Rex est Caput c. See more saith he of the course and order of this Parliament in Compt. Juris fol. 1. c. And VOWEL alias Hooker in his Book purposely written of this matter Powels book called the Atturneys Academy Read Mr. William Prynnes first part of the SOVERAIGNE POWER OF PARLIAMENTS AND KINGDOMES printed by the authority of this present Parliament pag 42 43 44. William the Conqueror having as to me is clearly evident subdued Parliaments their power authority priviledges and jurisdiction did set up by the absolute law of his own will for his Compceres Couzens and Connsellors such men who had most pleased him in vassalizing and enslaving this kingdom and the people thereof in whose steps severall of his successors after him did tread So that the kingdome was