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A77287 True excellency of God and his testimonies, and our nationall lawes against titular excellency. Or, A letter to the General his excellency Thomas Lord Fairfax, with a complaint and charg against tyrannicall Whitchcock the Governour of Winsor for arbitrarily, designingly and maliciously walking contrary to the Scriptures of God, and the laws and liberties of the people. / From Captain VVilliam Bray at his un-Christian indurance there. Bray, William, 17th cent. 1649 (1649) Wing B4315; Thomason E571_32; ESTC R206130 11,419 8

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True Excellency of GOD and his Testimonies and our Nationall Lawes against TITULAR EXCELLENCY Or A LETTER To the GENERAL his Excellency THOMAS Lord FAIRFAX With a Complaint and Chart against Tyrannicall Whitchcock the Governour of Winsor for arbitra ily d●fig●●rly and maliciously walking contrary to the Scripture● of God and the laws and Liberties of the People From Captain VVilliam bray at his un-Christian Indurance there Prov. 21.3 To doe Justice and Judgment is more a●ceptable to the Lord then sacrifice Prov. 27. Open Rebuke is bet●er then secret love To Levell all to LAVV we must To Levell all to LUST'S not just And I do exclaime and Cry out unto Thomas Lord Fairfax to perfo●me engagement to the people while it is cal●'d to day and unto all the Officers and Souldiers of the Army and other the Free People of the Nation that truly own God Scripture and Law Murther Murther Murther I say Murther Sir I Had thoughts never to have written to you more but love to my Country and Tyranny justly provokes me I wll once more see whether the Lord or common reason the latter of which hath prevailed w●th Pagans will prevail with you as for the former if the Lord hath manifested himself to you surely you will then be won to righteousnesse and justice and if principles of neither will prevail you may quickly judge whether you are a Christian or a reasonable mans I know the wise God is able to give and restore principles of nature and ri●hteousnesse though by your conversation you act as if there was no such things dwell●ng in you To do impartiall judgment and justice is sutable to scripture and the infallible evident commands thereof and judgment denounced against the violators of justice It is the reason why authority was constituted Isa 30.18 Isa 61.8 Exod. 18.21 23. 26 Deut. 1.16 17. 16.19 25.1 2 Chron. 9.6 7. Isa 2.23 24. Ier. 5.28 29. ● 22.16 17 18. Amos 5 12. 6.12 14. Micha 39.11 Zach. 18.16 17 Will you praunce upon the Scriptures of God ●ow I am by force a Slave a Prisoner in an an illegall Goal in walking in an undoubted Christian naturall Parliamentary way of appeal and this is destructive to a stifeling and strangling the foundations of nature of humane societies of justice of Scripture of the c●pit●ll obligations of God to man man to God and one man to another as you may see in my Book Intituled Innocency and Bloud of the Slaine Souldiers and People mightily complaining and crying out to the Lord and the people of the land against those Forty Knights and Burg●sses that sit or that you have left in the House of Commons and in that you may see the cruelty exercised against a freeman of England at large If any the people of the land or a nation have lost the right of appeal against you or any man for their eight yeers bloud and treasure then that man or men must needs be a Tyrant I am deal with just as if a child should ask bread of a father and he should give him a Serpent this is the ●●ing and poison of our miseries and casting out of ●ut fundamentall liberties and safeties this is unaccou●tablenesse indeed this is idol●zing of persons indeed and yet you have out off the King and told the people that he was an Idoll But to me there is but one God and Father of whom are all things c. This is lawfulnesse this is as much as in you lies to be supreame to God to nature to Scripture Did we fight for our Laws and Lib●rties and is there no Law Did your House as you may call it Vote since they cut off the King that you would maintaine the fundamentall laws and is there no law shed blood for law and is there no law Are not you one of the murtherers then if no law Could the King or the Kings party transgresse if there was no law Will you make the Apostle a lyar for he saith Where there is no Law there is no transgression Rom. 4.15 Truly Sir M●ster Peters your Chaplain did never read Peter throughly if he hath he may weep bitterly Was not Christ the head of Saints the only Son of the most High Crucified and butchered by meer subtilty conjoyned with force Contrary to Law Reason God and Nature And the designe of God from eternity did not take away their blood-guiltinesse so as to make them without blemish and the murther no murther Sir the souldier● though they were may be commanded had a hand in the innocent blood aswell as Pilate and the chief Priests Souldiers are some of the best of men or some of the basest of men Did the Parliament invite the King to bloud for their Laws and Liberties and did they desire the King to rely for his security upon the Laws and affections of the people and will not you do what you would have had him do with many other eminent and transcendent expressions to maintaine the Laws and Liberties of the people which were violated as they declared 1 par of the Parli Dec. p 8 9 10 11 12 13 16. 38. 140. 150 151. 200 209 259 266 267. 272. 278. 323. 464. 466. 473 687. 689. 692 693 694. 697. 698 699 700. 702 703. 710 711. 721 722 723. 727. 729. All these are worthy perusall It is the greatest evidence of an unchristian spirit that can be to maintaine the principle and practise of force against reason Justice Law and Scripture Law Reason and Scripture should be above force and force should be alwayes a servant to just Law to obey the commands of it against such whomsoever as would make force supreame to Law and Justice and no authority is to command any thing unjust 1 part of the Book of Dec. of Parl. p. 207. 690. Master Cook in King Charles his Case pag. 23. For by it authority doth break all the reins of order and government and become Tyrants as Master Solicitor St. Iohn said against the Earle of Strafford Wolves Bears Polcats Foxes beasts of prey not men not Christians but capitall murtherers chief Robbers of Nations of Families of Persons pray Sir have a care stand and make a hault and acknowledge Lord the Scripture and the Law above your selfe and your fawning proselytes The Parliament charged the King in the first part of the Book of Declarations pag. 689 693. That he intended to govern the Kingdom and People by the violent Laws Martiall And say they accurs●d be that advice to ways of force and let all the people say Amen The King told the Parliament they intended such things themselves as they charged him with O Lord arise and judge By the Law of England such was the justice of the Law in the former and late King his Reigne whom you have cut off That if Catile be destroyed and impounded in a Castle or Fortresse and withheld against gage or pledges and if they be solemnly demanded by
the Sheriffe and not delivered c. The Castle or Fortresse shall be beaten down without recovery and all the damages that the people hath sustained in his beasts c. shall be restored him by the Lord or by him that took the beasts if he have whereof and if he have not whereof he shall have it of the Lord See Lieut. Col. Lilburn that Patriot in his Bo●k called the Peoples Prerogative Bro. Rio● 2. 3. 52 H. 3. 3. 13. Ed. 1. 32. V.N.B. fol. 43. 44 Regist fol. 85 52. H. 3. 21 Regi fol. 81 fitz N. B fo 68. F. But now there is not so much c●re of mankind though Christ declares Gods providentiall care of humane nature of the h●lt of a mans head nor mentioning my engagement unto bloud and faithfulnesse for Laws and Liberies as there is provision for beasts no not that provision that the laws of Nature the Land and especially Christianity provides O brave Representative Justice as you and they call your selves Oh brave General of an English Army for Laws and Liberties who hath declared against arbitrariness under his hand in several Declarations to King and Parliament and more then that violently opposed his Lords and Masters and Benefactors under a pretence of Justice If the meer being of Policy alias Knavery and Force is in this our generation good and just then the cruelty and murther of the Lord Jesus was good and just which any honest man or Christian abhors to imagine then the murther committed upon other saints and servants of God was just then resolved designing robbers and murtherers upon the high-way are holy and just men then the Kings cause was good and would have been as good as yours every whit if he had been but Conquerour and yet you arraigned him at your Bar for a Tyrant a Traytor and a Murtherer But this way of unrighteousnesse I had much jealousie in my spirit before the Kings blood was taken away would and will come to passe dest●uctive to the Laws of God Nature and the Land And indeed when I came unto you from the Tro●ps being with others sent with an assurance from them to your Excellency they did by me assure you that if there was cord alnesse justice and impartiality and the laws of settlement justice and freedom to the Nation in futur as you had declared you aimed at they would if God and Nature c●lled for it spill their blo●d as water to accomplish those ends for the Nation under your conduct And truly Sir I must professe as in the presence of the Lord I was as cordial to you and your person i● order and subordination to that supreme end and the honour and love I b●ar to m● God and my Country as to my own body and spirit But I must confesse my judgment was the Tryall of the King would not be so justifiable bu● by a new speedy and free Parliament as I told one of your Secretaries and divers others in the Gallery at White-hall and I looked upon the Laws Rights Freedoms and safeties of the peop●e to be that alone that would justly satisfie them make ● good issue of the Wa● and make a generall peace in the Nation according to mutuall agreement and concord in common and plain principles of Scrip●ures and common reason as Mr Solicitor Cook said against King Charles in his Case pag. 22. But I went again suddenly into the country and having not been there long I had information of the break●ng and rending of t●e House of Commons part of which was done before I went out of Town and the declared pretence was bruited abroad that they joyned in the Scotish Invasion and a little after that I heard of the erect●on of a Court of Justice and of the resolution of the Grand●es intention to try the King before a new Parliament and before they went through the Rights of the People which when I he●rd made me fetch a deep and hearty sigh in my own spirit for my Country to consider it and what insecurity there was to the peoples Rights Justice Freedom and Peace which the Army spake so much of in the Remonstrance from St. Albans the 16 of Novemb. last against the King and Parliament declaring against the inordinate temper of spirit to bre●k the bonds of Law and Magistracy and to fly above the due bounds of Order and Government against interest and that the King would not stop or bogle at principles of ●evenge falshood cruelty faith or oath pretences will power oppression corrupt forms without law or rooted in the Law against awfull reverence and idolizing of persons offices and dispensations to fit for Ecclesiasticall and Civil Tyranny against vain-glory hypocrisie Tyranny and in summ of all against arbitrary power in any over the peoples Laws Liberties and Properties against the hardship of imprisonment used to Patriots that had appeared to assert the common Liberties the severall designations of some to the slaughter some to exile others to prisons all to the misery of one sort or other and that the Kings injustice and arbitrariness was the cause of the War and innocent blood and of all the evill consequents and concomitants thereunto and not the oppressed with other enamouring and unparallell'd language and expressions pages 4. 10. 14. 16. 17. 19. 20. 21. 22. 23. 26. 29. 30. 31. 32. 45. 46. 47. 48. 49. 65. 66. 67. 68. 70. See also the former Declarations pag. 10. 14. 39. 40. 41. 42. c. Mr Cooks Book against King Charles pag. 37. 38. 42. c. Let the Lord and the people that are unbiased Judge whether they do not ●●e●d in th● s●me steps But the main ●●●n and strain of my affections was to the Rights of the people is the Lord Almighty knows and the security of the Laws and Liberties and the Lord bears me wi●nesse I have yet stood to that against all temptations of proffered honou● or revenge and ●o I trust shall as I have shewed in my Book her● re●ited I do n●t sp●ak this n●ither so as to r●pine against the mighty h●nd of the Lord in that the Kings life was taken away or to stir up any heart-burnings in any against you or any other for I do abhor it though man many times may do things out of wicked and unholy ends which the Lord doth in time discover for I am satisfied in my conscience and judgment a before the Lord and I will decl●re it though I were to perish that I beleev● the King was guilty of the blood of the people and the violation of the peoples Laws and Liberties But your guil●iness will be far more if you apost●tize and defer● that supreme end even the just Laws and Liberties of the Nation for which we fought and were formerly made and also the inlargement of ou● freedoms and safetie And for the enjoyment of justice and freedom I can live I thank the Lord my strength the m●st High with satisfaction under any Government whether M●n●●chy
by selling at under rates for half as much lesse as I might have had if my condition had not bin under Tyranny and I have not ●a● one jot allowance from you since my imprisonment and if I had not had a little of my own left and some affection from my friends you had had your and their murtherous ends long ere this SIR It is the pretence of cruell men to use the words of God of truth of righteousnesse but beleeve them not without actions I see we must all come to the actions of men if we would have peace and settlement by pretences and suggestions a lustfull man in power is a transcendent Impe of Sathan to hinder just things and prejudice the just as they reported of Christ That he was a seducer a winebibber a friend to Publicans and s●nners to take him away out of envy lust and fear that his light would take with all p●rties Wicked men meer Politicians and Statesmen hate light and G●d and Scripture amongst the People though they pretend never so much to it and therefore they keep Patriots close Prisoners and d●ny them Pen Ink and Paper and the society of friends ●nd they had rather release Barrabas then Christ light amongst the people is their to●ment and horrour and they would make or take any occasions to destroy them It is an evident sign of their wicked cause what ever their pretences a●e to ●he contrary 1. part of the Parliaments Declaration page 8 9 1● 11 12 13 16 As Hen. 3 did suppresse the Schools that were in his days to teach the People the knowledge of Magna Charta as Sir Edward Cook declares in the Proem to the second part of his Instit Wicked men hate and curs● the day of light and knowledge in the hearts of the People let the world judge of the actions of these d●yes The tyrannicall governour under whose hands I am denyes my friends accesse to me contrary to the Laws of the land beyond the commitment imprisoned two arbitrarily wickedly and illegally that came to see me according to the Liberties of England and that are faithfull to the Interest of justice to the People for ought I know nay I beleeve more faithfull then himself ●h●i● Names are Janes Harding and Robert Weaver also obstructed the fundamental right of the People in petitioning gives out that his wil is his Law and commanded a Petition from one Master John Church in this Town which was on foot The substance whereof was That Lieuten●nt C●lonel John Lilburn and the rest in the Tower might be less to the due course of the Law● c. And one of the Gove●nours creatures here in the Castle in the presence of Witnesses did declare that he could murther me and justifie it or words to that Effect If you and the House will not justifie the Governour in his actions I desire before the God of the Heavens and the Earth and the People that I may have Justice against him for such Tyrannicall practices are contrary to God nature Law and Scripture in whomsoever and by such Practises he may destroy the People of the Town here and Country at pleasure in their Liberties and Lives as for me if I must be murthered by you c. and by Whitchcock who for ought I know intends out of envie to murther me and to thinke to gain your favour thereby under whose illegall unrighteous and envious jurisdiction I am as if I were willing to be privie to my own death I should desire you then that it may be done quickly but I cast my self upon the Lord his excellency his justice his truth and faithfulnesse and when you have done it you can do it no more But I am committed by the words of the thing which some men call a Warrant and it is in generall termes to stifle the just rights of Appeal for justice and the words are viz. for printing the Book tending to mutiny in the Army and sedition in the People The Grandees had their politick tale at their fingers end only to shew you that generals are no crimes or Charges in Law Acts 25.27 John ● 51 The second Part of the Lord Cook● Instit fol 52 53 315 318 591 615 616. 1 part Book Declar. p. 3● 77 20● ●45 and the Votes upon the Impeachment of the 11. Members and Petition of Right the 3. C. R. The Act that abolished the Star-●hamber 17 C. ● The deliberate opinion of all the Judges of England the third yeer of King James in Answer to the 22. Objection of Archbp. Bancroft and the whole Clergi● and no Commoner of Engl. is to be restrained of his Liberty by Petition or Suggestion to the King or to his Councel or any unless it be by Indictment or presentment or good and lawfull men and he is not to loose life limbe liberty or estate but by a legall Tryall by a Grand jurie or Petty-jury of his Peers or equalls which the Lord Cook calls the ancient and undoubted right of an Englishman 5 Edw. 3. cap. 9. 25 Edw. 3. c. 4. 37 Edw. 3. c. 18. 38 Edw. 3 c. 9. 42 Edw. 3. c. 3. 11 R. 2. c. 6. 2 part of the Lord Cooks Instit fol. 46. Though there were a just Authoritie that committed me yet Legislators ought not to be Law Executors it hinders and obstructs justice in cases of finall appeal c. but in case of male administration of justice by any person or persons 14. 29. c of Magna Charta the Exposition upon them Second part of the L. Cooks Inst 29. 46. and Rol. Parl. 5 R. 2. num 45. and Rol. Parl. 5 Hen. 4. numb 14 numb 79. 5 H. 4 cap. 6. and 11 H. 6. cap. 11. and 23 H. 6. cap. 11 and 15. 4 H. 8. cap. 8. and 1.2 Phil. and Mar. cap. 10. 4 Part of Inst fol 25. and 1 part of the Book of Decl. p. 48 278. I cannot finde out one jota or Punctilio of law reason God nature Scripture faith or honour in the dealings with me I appeal to the People that are rationall and unbyassed By arbitrary power Fear Jealousie Lust wicked Policy and Ambition is Lord and Master and by it viz. the power of sword and lust they have murdered their deerest and neerest relations as Mahomet his wife the fair Irene as the History calls her in the presence of all his Officers cut off her head with his Cemiter in policy as he said to appease his Souldiers Mahomet strangled his young brother 18 months old and said It stood with the policy peace and safety of his State Solyman the cruell Tyrant his innocent son Mustapha because he was beloved of the Souldiers and the people and Mustaphaes son also The course of wicked Pharaoh Saul Herod Ahab Jezebel Kain and the world may speak as to our dayes and indeed the fear●ull and lamentable judgments of God and man have come upon Tyrants Policy Ambition and Envie are Divels incarnate yet are corrupt mens