causes of it both in King and Parliament There being not one word in the Act that authoriseth the two Houses to be a constant and perpetuall Parliament which was never so much as intended nor pretended and which if in the Act it had been absolutely declared it had been a void and a null Act in it self as being both against the nature of the Kings trust and Yours which as in your Book of Decl. part 1. pag. 150. you declare is to provide for the peoples weal but not for their woe for their better being but not for their worse being For your Interest and the Kings both being Interests of Trust as your Declarations do plentifully and plainly declare 1 part Book Decl. pag. 206. 266. 267. 382. but especially your present Junto's late Declaration against the late beheaded King and Kingly Government of the 17 of March 1648. pag. 2. 11 13. 15. 16. compared with 24. 25. 27. And all Interests of trust whatsoever are for the use of others and cannot nor ought not to be imployed to their own particular nor to any other use saving that onely for which they are intended according to the condition and true intent thereof 1 part Book Dec. pag. 266. 267. 700. And your trust is onely for the good of the Nation which is the principall or onely end of all Government in the Nation as you confesse in your foresaid Declaration of March 17 pag. 6. and in 2 part Book Decl. pag. 95. 879. And therefore if you had put the King upon such an Act as the establishing of a perpetuall Parliament you had thereby destroyed frequent successive and annually chosen Parliaments for which you had been Tâ—aytors in the highest nature to your trust in destroying the very PILLARS LIFE MARROW and SOUL OF ALL THE PEOPLES LIBERTIES for the presentation of which they chose you and which would shortly bring in as is too evident â—â— this day greater disorders confusions and tyrannies then ever were in all the Kings Reign before and so wholly and fully make your selves guilty of that which he was but in part viz. the establishing of a perfect Tyranny by Law an everlasting Parliament being ten thousand times worse then no Parliament at all for no such slavery under the cope of heaven as that which is brought upon the people by pretence of Law and their own volâ—â—tary 〈◊〉 and no greater Treason can there be in the world committed then for â—â— iâ—teressed Power to keep their Commission longer then by the letter equitie or intention of their Commissions their Masters really intended they should especially when it is kept by force of Arms to the Masters hurt and the danger of his total destruction for the meer advancement of their servants and their Associates all which is the case of your pretended Parliament whereof you are now Speaker and that you were never intended to sit so long as you have done nor to be everlasting I shall here recite the Act it self â—â—â—batim the onely and alone pretence of a Commission you have and then take it in pieces by paraphrasing upon it The Act it self thus followeth Anno XVII CAROLI Regis An ACT to prevent inconveniences which may happen by the untimely Adjourning Proroguing or Dissolving of this present PARLIAMENT WHereas great Summs of money must of necessity be speedily advanced and provided for the relief of his Majestie 's Army and people in the Northern parts of this Realm and for the preventing the imminent danger this Kingdom is in and for supply of other his Majesties present and urgent occasions which cannot be so timely effected as is requisite without credit for raising the said moneys which credit cannot be obtained until such obstacles be first removed as are occasioned by fears jealousies and apprehensions of divers of his Majesties loyall Subjects that this present Parliament may be adjourned prorogued or dissolved BEFORE JUSTICE SHALL BE DULY EXECUTED UPON DELINQUENTS publick Grievances redressed a firm Peace betwixt the two Nations of England and Scotland concluded and before sufficient provision be made for the repayment of the said moneys so to be raised All which the Coâ—â—â—â—â— in this present Parliament assembled having duly considered do therefore humbly beseech your most excellent Majesty that it may be declared and enacted And be it declared and enacted by the King our Soveraigâ— Lord with the assent of the Lords and Commons in this present Parliament assembled and by the Authority of the same That this present Parliament now assembled shall not be dissolved unlesse it be by Act of Parliament to be passed for that purpose nor shall be at any time or times during the continuance thereof prâ—rogued or adjourned unlesse it be by Act of Parliament to be likewise passed for that purpose And that the House of Peers shall not at any time or times during this present Parliament be adjourned unlesse it be by themselves or by their own Order And in like manner That the House of Commons shall not at any time or times during this present Parliament be adjourned unlesse it be by themselves or by their own Order and that all and every thing or things whatsoever done or to be done for the adjournment proroguing or dissolving of this present Parliament contrary to this present Act shall be utterly void and of none effect The true intent and meaning of this Act in the Framers Makers and Contrivers of it was meerly to secure their sitting for some reasonable time that so they might be able to apply fit plasters to the great sores of the Nation and not be broken up suddenly before they had applyed them to the soâ—es and laid them on and their fear was the King would as he used to do dissolve them suddenly security from which was their onely end in procuring this Act and not in the least to make this a perpeâ—uall Parliament which I demonstrate thus First A perpetual Parliament is repugnâ—nt to the Act made this Parliament for a Triennial Parliament which in your Declarations is so highly extolled after the making of both the Acts for how can every three yeers a Parliament be begun if this be perpetuall which by the Act may be so if the two Houses please But in all the Act there is not one word of the anâ—iâ—ilating or repealing of the Act for a Tâ—iennâ—all Parliament which if it had been intended it would have mentioned and not left such a businesse of consequence in any doubtfulnesse whatsoever and the not mentioning of it is a cleer declaration to all the Readers of it That their designe solely in the last Act was onely to secure themselves from the Kings sudden and quick dissolving them at his wil and pleasure And therefore Secondly In Law according to the constitution of ouâ— Parliaments an Adjournment of the Parliament makes no Session howbeit before the Adjournment the King gives his affent to some Biâ—s as is plain out of Cookâ— 4 Instit chap. High Court
distruction Again how can Law be maintained when the free execution of Justice in the ordinary course thereof shall be hindered by you which you in your Declaration 23 of October 1642. 1 par Book Declar pag. 656 call the soule and life of all-Laws which ordinary course of Jestice you in your first Remonstrance page 7 call the common birth-right of the Subject of England And therefore 1 par Book Decl. pag. 660 you own it as your duty to use the best of your endeavours that the meanest of the Commonalty may enjoy their own birth-right freedom and liberty of the Lawes of the Land being equally intitled thereunto with the greatest subject and if so how can you in justice and honour or conscience deprive and ebereave me of my birth right the benefit of the Law of the Land in the ordinary course of Justice in the Judicatures thereof who have done no actrons either by Sea or Land but what doth become an honest true-bred Englishman and constantly in the midst of many deaths maintaining the Laws i and Liberties of my Native Country which actions are consonant to the Authority of Parliament and for the service and benefit thereof and therfore I ought not to be molested and troubled therefore especially by you who in your Declarations in the case of the Five Members declare 1 par Boo. Decl. pa. 39. you are very sensible that it equally imports you aswell to see Justice done against them that are criminous as to defend the just rights and Liberties of the Subjects and Parliament of England but if you shall stop my proceedings at Common Law against Master Wollaston the Jaylour of Newgate for keeping me there against Law by the Lords Order You are so far from punishing the criminous that you justifie the wicked and condemn the righteous break all your Oaths Protestations and Covenants that you have taken to maintain the Laws and Liberties of the Kingdom and dissolve the whole frame and constitution of the Civill Policy and Government of this Kingdom into the originall Law of Nature which crime you taxe the King with 1 par Book Decl. pag. 690. yea and thereby become destructive to the being of the Common-wealth and the safety of the people the preservation of which is the chief end of the Law the institution of all Government as you declare in your Declarations of the 6 of May 1643 17 April 1647. 2 part Book Decla fol. 95. 879. For the Illustration of which I desire to observe this Method First I averre that the House of Lords have not the Least Jurisdiction in the world over me in the case in controversie betwixt us and I am ready upon my life to make this good by the Laws of the Kingdom against all the Judges and Lawyers in England but I conceive I have already so fully done it in my three pleas against the Lords that they are unanswerable viz. First in my Plea before the Committee of the House of Commons where Master Henry Martin had the Chaire 6 Novemb. 1646. And Secondly in my Plea the 20 of October 1647. before another Committee of the House of Commons where M. Iohn Maynard had the Chaire And Thirdly in my Plea before the Judges of the Kings Bench the 8 of May 1648. all three of which I desire to communicate unto your consideration And if the Lords by Law have no originall Jurisdiction over me then no power to summon me nor no power to try me nor commit me Wherefore M. Wollaston by Law ought to have refused to have received my body or detained it in prison by vertue of their illegall warrant which being both illegall in the power that made it in the forme of drawing it up he is liable to make me satisfaction in Law for executing it which at present I illustrate out of your own Declarations which are the most unanswerable arguments against you that I can use Acts 17 26. Titus 1. 12. And first in your Declaration of the 17 of January 1641. 1 par Book Decl. pag. 38. 39. where speaking of the Five Members you say his Majestic did issue forth severall warrants to divers Officers under his own hand for the apprehension of the persons of the said Members which by Law he cannot do there being not all this time any legall charge or accusation or due processe of Law issued against them or any pretence of charge made known to the House of Commons all which are against the Fundamentall Liberties of the Subjects and the Rights of Parliament Whereupon we are necessitited according to our duty to declare That if any person shall arrest M. Hoâ—â—â— Sir Arthur Haslerig Master Pym Master Hamden Master Strode or any of them or any Member of Parliament by pretence or colour of any warrant issuing out from the King onely is guilty of the breach of the Liberty of the Subject and of the Priviledges of Parliament and a publick enemy to the Common-wealth and that the arresting of the said Members or any of them or any Members of Parliament by any Warrant whatsoever without a legall proceeding against them and without consent of that House whereof such a person is a Member is against the Libertie of the Subject and a breach of Priviledge of Parliament and the person which shall arrest any of these persons or any other Member of the Parliament is declared a publick enemy of the Common-wealth Yea and upon the 15 of January 1641 you voted and ordered a Charge to be brought in against Mr. Atturney General Herbert to require of him satisfaction for his great injury and scandal that particularly be had done to the said Mr. Hollis c. and generally to the publick Justice of the Kingdom in so illegally accusing the foresaid five Gentlemen without due processe of Law as appears in your first part Book Declarat pag. 53. And therefore in your Petition of the 2 Feb. 1641. 1 part Book Decl. 67. you rel the King It is your duty to tell him of the injustice done unto the five Members for impeaching them without due processe of Law and to require reparations for them And therefore in your second Petition of the same month 1 par Book Decl. pag. 76. 77. you tell the King again notwithstanding all your importunity the said five Members and the Lord Kimbolton still lie under that heavie charge of Treason to the exceeding prejudice not onely of themselves but also of the whole Parliament And whereas by the expresse Laws and Statutes of this Realm that is to say by two Acts of Parliament the one made in the 37 and the other in the 38 year of the reign of your most noble Progenitor King Edward the 3 it s said If any person whatsoever make suggestion to the King himself of any souls committed by another the same person might to be sent with the suggestion before the Chancellor or Keeper of the great Seal Treasurer and the great Councel there to finde
Surery to pursue his suggestion which if he cannot prove he is to be imprisoned till he hath satisfied the party accused of his dammages and stander and made Fine and Ransom to the King The benefit of these Laws you claim at the Kings hand and there tell him he ought not of right and justice to deny it to you And also in 1 part Book Decl. pag. 101 speaking to the King you say Your Majesty lays a generall tax upon us if you will be graciously pleased to let us know the particulars we shall give a cleer and satisfactory Answer But what hope can we have of ever giving your Majestic safaction when those particulars which you have been made beleeve were true yet being produced and made known to us appeared to be false and your Majestic notwithstanding will neither punish nor produce the Authors but go on to contract new jealousies and fears upon generall and uncertain grounds affording us no means or possibilitie of particular answer to the cleering of our selves For proof whereof we beseech your Majestic to consider The heavie charge and accusation of the Lord Kimbolton and the five Members of the House of Commons who refused no Triall or Examination which might stand with the Priviledge of Parliament yet no Authors no Witnesses produced against whom they may have reparation for the great injury and infamy cast upon them notwithstanding three severall Petitions of both Houses and the Authority of two Acts of Parliament vouched in the last of those Petitions And in a fourth Petition about the same business 1 part Book Decl. pag. 123. We beseech your Majesty say you to remember that the Government of this Kingdom as it was in a great part mannaged by your ministers before the beginning of this Parliament consisted of many continued and multiplied acts of violation of Laws the wounds whereof were scarcely bealed when the extremitie of all those violations was far exceeded by the late strange and unheard of breach of our Laws in the accusation of the Lord Kimbolton and the five Members of the Commons House and in the proceedings thereupon for which we have yet received no full satisfaction And in your Declaration of the 19 of May 2642 1. par Book Dec. p 200. 201. you are very remarkable and fly The accusation of the L. Kimbolton and the 5 Members of the House of CoÌ„mons is called a breach of Priviledge and truly so it was and a very high one far above any satisfaction that hath yet been given How can it be said to be largely satisfied so long as his Majestic laboured to preserve his Atturney from punishment who was the visible Actor in it so long as his Majestic hath not onely justified him but by his Letter declared that it was his duty to accuse them and 〈◊〉 he would have punished him if he had not done it so long as those members have not the means of cleering their innocency and the authors of that malicious Charge undiscovered though both Houses of Parliament have severall times petitioned his Majestie to discoâ—â—â— them and that not onely upon grounds of common Justice but by Act of Parliament his Majestie is bound to do it so long as the King great such to passe a Bill for their discharge alledging that the Natiâ—â—tive in that Bill iâ— against his Honour whereby he seems still to â—â—ow the matter of that false and scandalous Accusation though he deserts the Prosecution offering to passe a Bill for their acquital yet with intimation that they trust desert the avowing their own innocency which would more wound them in 〈◊〉 that secure them in Law And in vindication of this great Priviledge of Parliament we do not 〈◊〉 that we have invaded any Priviledge belonging to his Majesty as is alledged in his Declaration But we look not upon this onely in the notion of a breach of Priviledge which might be though the Accusation were true or false but under the nation of an hainous crime in the Attourney and all other Subjects who had a hand in it a crime against the Law of Nature against the Rules of Justice that innocent men should be charged with so great an offence as Treason is the face of the highest Judicatory of the Kingdom whereby their 〈◊〉 and estates their bloud and honour are in danger without witnesse without â—isdence without all possâ—bility of reparation in a legall course yet a 〈◊〉 of such a nature that his Majesties Command can no more warrant then it can any other act of injustice It is true that those things which are evil in theâ—â— can nature such as a false testimony or a false accusation cannot bothe subject of any Command or induce any obligation of obedience upon any man by any Authority whatsoever therefore the Attourney in this case was bâ—â—â—â— to refuse to execute such a Command unlesse he had had some such evidence or testimony as might have warranted him against the parties and 〈…〉 make satisfaction if it should prove false And further to prove that 〈…〉 liable to punishment that puts in execution the Kings illegall Commands is must excellently proved and largely evident from your own words in 〈◊〉 Book Decl. pag. 259. 260. 276. 279. 280. 721. 722. 723. 727. 803. 〈…〉 largely declare that Alexander Archbishop of York Robert de Veâ—â—◠〈…〉 Irland c. were executed in Richard the Second's time as Traytors for 〈◊〉 in execution the commands of the King against the Law and if they are punishable that execute the commands of the King the Primitive against Law then much more by Law is Mr. Wollaston punishable for executing the commands of the single House of Lords the Derivative against Law and if in my own defence when I was in Mr. Wollaston's custody I had served him for his actions done to me in pursuance of the Lords single illegall commands â—4 Simson of Northampton-shire did Johnson in the 42 of Elizabeth for his doing actions in pursuance of the Queens Letters Patents contrary to Law in endeavouring by a Warrant flowing from the High Commission which was established by Act of Parliament and had legall cognizance of any facts in Controversie grounded thereupon to imprison his body for doing of which Simson in his own defence and his Liberâ—â—â—â— slew the said Johnson For which he was justified by the Judges of Affiâ—e and all the Judges of England as you may read in Sir Edward Cook 4. part Iustitutes fol. 333. 334. and in my Plea before the Judges of the Kings Bench called The Laws funerall page 214. 25. I say in case I had in my own defence and the defence of my legall Liberties slain Wollaston c. for executing the Lords single illegall Orders upon me for any thing I can read in the Law he had his mends in his own hands But to come more close upon your own principles to prove that a single Order of the Lords cannot stand in competition with the Law I do it thus
In all your Declarations you declare that binding and permanent Laws according to the Constitution of this Kingdom are made by King Lords and Commons and so is the opinion of Sir Ed. Cook whose Books are published by your own Order and who in the 2 part of his Institutes fol. 48. 157 and 3 part fol. 22. and 4 part fol. 23. 25. 48. 292. saith that Act that is made by King and Lords in Law binds not nor by King and Commons binds not or by Lords and Commons binds not in Law if so then much more invalid is the single Order of the Lords made against Law and can indemnifie no man that acts by vertue of it and your Ordinances made this Parliament in time of extream necessitie during denounced Wars are by your selves in abundance of your own Declarations esteemed adjudged declared but temporary and invalid as durable Laws which is evidently cleer out of the 1 par Book Decl. p. 93. 102. 112. 142. 143. 150. 171. 173. 179. 207. 208. 267. 277. 303. 305. 382. 697. 705. 709. 727. your expressions in the last page are we did and doe say that the Soveraign power doth reside in the King and both Houses of Parliament and that his Majesties Negative voice doth not import a Liberty to deny things as he pleaseth though never so requisite and necessary for the Kingdom and yet we did not nor do say that such bills as his Majestie is so bound both in Conscience and Justice to passe shall notwithstanding be law without his consent so far are we from taking away his Negative voice And if such Ordinances and Bills as passe both Houses are not Lawes by your own Doctrine without the Kings Consent then muchlesse can the Order of the single House of Lords be Lawes or supersedeaes to the Lawes And besides when divers honest and well-affected Citizens it may be out of a sensible apprehension of the mischiefs that acrue to the Kingdom by having the Supream authority lodged in three distinct Estates which many times so falls out that when two Estates grant things essentially good for the wellfare of the Kingdom the third Estate opposeth it and will not passe it which many 〈…〉 occasions war and bloud-shed to the hazard of the being of the Kingdom for the preventing of which they framed a Petition to your House Entitling it To the Supream Authority of this Nation the Commons assembled in Parliament in which they intreat you to be careful of the mischief of Negative Voices in any whomsoever which said Petition your House upon the 20 of May 1647. Voted to be burnt at the Exchange and Westminster by the hands of the Common Hangman and lately as I am informed there was a Petition of Master John Mildmans presented to your House and it was rejected by them for no other cause but because it had the foresaid title and therfore you your selves having rejected to be stiled the Supream Authority of this Nation I can see no ground or reason how you can upon your own Principles grant a supersedeas to Master Wollaston to overule my action at law against him and so de facto exercise the Supream Authority which in words you would have the Kingdom beleeve you abhorre neither can I iâ— reason or Justice conceive that if now you should own your selves for the Supream Authority of the Nation and the single and absolute Law-Repealers and Law-Makers thereof how you can deprive me of the benefit of those just Laws viz. Magna Charta Petition of Right and the Act that abolished the Star-Chamber that you have not avowedly and particularly declared to be void null and vacated as never to be in use any more in England Again yet in your Protestation in your Vote and Covenant and in your League and Covenant swore to maintain the Laws and Liberties of the Kingdom with your estates and lives and make the Kings Person and Authority but subservient thereunto or dependant thereupon And you have been so zealous to make Votes to disfranchise all those that will not take your Covenant as unfit to bear any Office in the Common-wealth or to give a Vote to chuse an Officer and can it stand with your Justice and Honour to deny me the benefit of that viz the Law which you have been so zealous in forcing the People of England to swear to maintain or can you in Justice and Honor be angry with me for standing for that viz. the Laws and Liberties of England which you have ingaged incited and forced thousands and ten thousands of the people of England to loose their Lives and Blouds for which I amongst others have upon zealous and true principles as hazardously ventured my life for as any man in England O let such an abominable thing be farre from men of honour conscience and honesty and let the fearfull judgments that befell the Hungarians as it were from God from heaven for breaking violating and falling from their faith and Covenant made with Amurah the Second the Sixt Emperor of the Turkes Recorded in the Fourth Edition of the Turkes History sol 267. 269. 273. 277 deterr all Covenant Makers and Covenant takers from breach of their Oaths Covenants and Contracts the breaking of which is highly detested and abhorred of God as a thing that his soul loathe as he declares in Scripture as you may read Exo. 20. 7. Lev. 19. 11 12. Deut. 23. 21 22 23. Psal 15. 4. Eccels 5. 45. Ezek. 17. 13 14 15. 10. 17 18. 〈◊〉 5. 3 4 8. 16. 17. Yea I say let the fearfull judgements wrath and vengeance Recorded by Sir Walter Rawley in his excellent preface to his history of the World that befell Tyrants and Oppressors whoafter they had broke their Oaths Faith Promises and Lawes made with the People and then turned Tyrants deterr you from such practises but especially the fearfull judgments of God that befel the most execrable thirty Tyrants of Athens who after the people of that City had set them up for the Conservators of their Laws and Liberties and who did many things well til they had got power into their own hands which they had no sooner done but they turned it poin blank against the people and fell a murthering robbing spoyling and destroying the innocent people and raised a Guard of three or foure thousand men of their own Mercenary faction whose destruction was fatall by the steeled resolution and valour of seventy faithfull and brave Citizens as you may â—â—ad in Sir Walter Rawleys History Lib. 3. Ch. 9. sec 2 3. Yea the Tyranny of Duke d' Alva cost his Master the King of Spaine the revolt of the Hollanders to his unimaginable losse But to returne did not you and the Lords the other day pass Votes and Communicated them to the Common Councel of London to declare to them and the whole Kingdom you would continue the Government by King Lords and Commons and can it new stand with your Honour and
Justice to goe about to advance a single illegall Order of the Lords above all the Laws made joyntly by you the Lords and King and to make Ciphers of your selves and your House as well as of the King which undeniably you do if you indemnifie Master Wollaston by superseding my action at Common Law against him Again have you not in your Declaration of the 15 of June 1647. in which is contained your Votes to lay the King aside and make no more applications or addresses unto him declared to preserve unto the people their Laws and to governe them thereby sure I am these are your own words having received an absolute denyall from his Majesty The Lords and Commons do hold themselves obliged to use their utmost endeavous speedily to settle the present Government in such a way as may bring the greatest security to this Kingdom in the enjoyment of the Laws and Liberties thereof And can it now stand with your honour and Justice to fall from this and all other your publique Declarations by denying me the benefit of the Law against Master Wollaston that unjustly imprisoned me and Tyrannically and closly imprisoned me to the hazard of my life and being and that by an illegall warrant of the Lords who have no power in Law to commit me or so much as to summon me before them in reference to a tryal much lesse when I do come at their Bar to deal with me like a Spanish Inquisition by examining me upon Interrogatories to insnare my self and refuse to let me see either accuser prosecutor indictment charge or impeachment but presse me againe and again to answer Interogatories against my self and so force me to deliver in a Plea according to my priviledg and the Laws of the Land against their illegall dealings with me and then to wave all pretence of any foregoing crime and commit me the 11 July 1646 to Master Wollaston to New-gate prison during their pleasure for delivering in that my very Plea which hath not a word in it but what is justifiable by Magna Charta and the Petition of Right and then when I am at Newgate by pretence of a Warrant of the 22 of June after for Master Wollaston to cause his servants to break into my Chamber and by force and violence to carry me before the Lords who had nor have no more Jurisdiction over me by the Laws of England to try me passe upon me or condemn me then so many Turks have and when I come there they only look upon me but lay nothing to my Charge neither by word of mouth nor writing but passe an Order in these very words Die Martis 23. Junij Ordered by the Lords assembled in Parliamen That Iohn Lilburn shall stand Committed close Prisoner in th Prison of Newgate And that he be not permitted to have pen ink or paper and none shall have accusse unto him in any kind but his Keeper untill this Court doth take further 〈◊〉 And that is when they 〈…〉 and just which I do confidently beleeve 〈◊〉 never be here is illegall 〈…〉 illegality and Tyranny upon the neck of that and yet Master Wollastone and that Barish fellow Briscoe executed it to the height without any scruple of conscience although they might have as well by vertue of the same Warrant have cut my throat as have used me as they did till the 11 of July 1646. at and upon which day they by force of armes with thirty or forty of the hangmans guard of Halberteers and against all Law and Justice carried me before the Lords upon pretence to hear my Charge read although the Lords had not nor have not in Law the least power in the world to try me or to summon me as hath been notably and undeniably proved in the Case of Sir Iohn Maynard and the four Aldermen in the releasing of whom as the Lords have done if ever they had any Jurisdiction over Commoners in any kind whatsoever they have now 〈◊〉 given it away for they were all impeached by the House of Commons and their impeâ—â—hments transmitted from them before ever they medled with them which I never was and yet flew as high in their Protestations and Declarations against the Lords Jurisdiction over them as ever I did whom notwithstanding for all this without stooping submitting or so much as petitioning the Lords released and of their own accord took all their proceedings against them off the file thereby declaring to the whole Kingdom that their own conscience told them they had no Authority in Law to go about to try them being 〈◊〉 of their Legall Judges though they were impeached by the House of Commons and that they had done nothing but their duty in protesting against them and their Jurisdiction over them Therefore my Lord Munson can it stand with the Justice and 〈◊〉 of your House in your first Remonstrance to the Kingdom pag. 6. to cry 〈◊〉 so bitterly as you do against the Kings Ministers who durst be so bold and presumptuous to break the Laws and suppresse the Liberties of the Kingdom after they had been so solemnly and evidently declared by the Petition of Right by committing divers free men of England to prison for refusing to stoop unto the Commission of Loan whereby many of them contracted such sicknesses as cost them their lives and detaining others close prisoners 〈◊〉 many months together without the liberty of using Books pen ink or pâ—per denying them al the comforts of life all means of preservation of 〈◊〉 nor permitting their Wives to come unto them And for the compleating of that cruelty after yeeres spent in such miserable durance to keep them still in their oppressed condition not admitting them to be bailed according to Law and oppressing and vexing them above measure and the ordinary course of Justice the common birth-right of the Subjects of England wholly obstructed unto them and divers others oppressed by grievous Fines Imprisonments Stigmatizings Mutilations Whippings Pillories Gaggs Confinements Banishments after so rigid a manner as hath not onely deprived men of the society of their friends exercise of their professions comfort of books use of paper or ink but even violated that neer union which God hath established betwixt men and their wivâ—â— by forced and constrained separation whereby they have been bereaved of the comfort and â—â—â—versation one of another Can all these doings be criminous and wicked in the King's Ministers and can your denying of justice for seven yeers together to me that suffered the grievousnesse of these very torments be just and righteous Let God and the world judge whether you by your actions do not justifie all the foregoing unjust proceedings nay and out-strip them in that you your selves do or suffer to be done when you have power enough in your hands to remedy but will not divers of the very self same things to some of the very self same men after in obedience to your commands in the sincerity of their
souls they have freely adventured their lives and so carried themselves in all their actions towards you that all their adversaries are not able nor ever were to lay in law my crime to their charge for the redresse of all the foresaid grievances and yet the best recompence you your selves give unto them is to toffe and tumble them yeer after yeer from Gaol to Gaol without laying any crime unto their charge denying them the benefit of their Birth-right the Law of the Land keeping thousands of pounds of their own from them and endeavouring in their long imprisonments to starve and murder them their Wives and Children by being worse then the King was to your Members who allowed them three foure and five pounds a man weekly notwithstanding their own great estates to live upon in allowing them never a penny to live upon endeavouring to protect all those unrighteous men that contrary to Law have endeavouted to murder and destory them and take away their lives and beings from the earth And all this is my own case and sufferings from you your selves Therefore Hear O Heavens and give ear O Earth and the righteous God and all just men judge betwixt â—â— And therefore if there be any truth or resolutions in you to stand to any thing that you say and declare I challenge at your hands the benefis of all your Declarations and Remonstrances which are all of my side and particularly the notablest of Declarations of the 6 of May 1643 and 17 April 1646. which was made before my contest with the Lords in which you declare 2 par Book De. fo 95. 879 that although the necessity of war have given some disturbances to loyall proceedings stopped the usuall course of justice 〈◊〉 the Parliament for the preservation of this right to impose and require many great and unusual payments from the good Subjects of this Kingdom and to take extraordinary wayes for the procuring of monyes for their many pressing occasions It having pleased God to reduce our affaires into a more 〈◊〉 condition then heretofore We do declare that we will not nor any by colour of any authority derived from us shall interrupt the ordinary course of Justice in the severall Court of Judicatures of this Kingdom not intermeddle incases of private interest otherwhere determinable unlesse it be in case of male administration of Justice wherein we shall so provide that right be done and punishment inflicted as there shall be occasion according to the Law of the Kingdom and the trust reposed in us Therefore seeing that you that stile your selvs the fountain and conservaâ—â—ry of the Law first par Book Declar. pag. 272 have declared in answer to the Kings Complaint against scandalous pamphlets which was the originall pretence of the Lords quarrelling with me that you know the King hath wayes enough in his ordinary Courts of Justice to punish such seditious 〈◊〉 and Sermons as are any way prejudiciall to his rights honour and authority pag. 208. and if the King the Superior or Creator of the Lords must be tyed in this case to the ordinary Courts of Justice according to the Laws of the Kingdom then much more the Lords the creature or inferiour to the King And therefore I hope you will not be angry with me for refusing obedience to the illegall commands of the single Lords the inferious or hinder me from obtaining Justice according to Law upon those that most barbarously executed them upon me seeing you and the Lords themselves have taught me and all the people of England disobedience to the illegall commands of the King the greater as cleerly appears by your Declarations of July the 12 July 26 1642. 1 par Book Decl. p. 201. 458. 483. The words of which last are That the Lords and Commons in Parliament do Declare That it is against the Laws and Liberties of the Kingdom that any of the Subjects thereof should be commanded or compelled by the King to attend him at his pleasure but such as are bound thereunto by speciall service And if any Messengers or Officers shall by colour of any command from his Majesty or Warrant under his Majesties hand arrest take or carry away any of his Majesties Subjects to any place whatsoever contrary to their wils that it is both against the Law of the Land the Liberty of the Subject and it is to the disturbance of the publick Peace of the Kingdom and any of his Majestie 's subjects so arrested may lawfully refuse to obey such Arrests and Commands To the same purpose you also were and declare in pag. 93. 95. 112. Therefore seeing the Law of the Land is so often by you declared to be the undoubted Birth-right of me as well as the greatest Lord in England or Parliament man whatsoever I earnestly crave and challenge at your hands as much for my self as you did at and from the hands of the King for the Lord Kimbolton and the five Members Sir John Hothan and the Lord Maior Pennington Alderman Foulke Col. Vean and Col. Manwaring viz. the benefit of the Law of England in the ordinary Courts of Justice which is not to be taken or imprisoned pass'd upon nor condemned but by due Processe of Law before a Justice of Peace according to the Law of the Land and not to be imprisoned but for a particular crime in Law expressed in the Commitment by those that have power in Law to commit me nor to be tried or condemned but by presentment c. before a Jury of twelve men of my Peers or equals of the same Neighbourhood where the fact was committed which is as you declare by Sir Edward Cook in 4 part Institutes fol. 41. the ancient and undoubted Birth-right of all the Subjects of England and to have my remedy at Law against all those that shall deal with me contrary to Law And that you challenged all these things for them before-mentioned you may read in your own Declarations pag. 7. 38. 39. 41. 53. 67. 77. 101. 123. 140. 162. 201. 203. 208. 210. 245. 277. 278. 459. 660. 845. All which I cannot doubt but you will grant unto me because it cannot rationally enter into my brest to conceive that you your selves can judge it consonant to Justice to set me and thousands and ten thousands of the people of the Kingdom to fight at your command for the preservation of our birth-right the Law and then for you to deny it unto us and deprive us of it and to recompence us with slavery which we are in when we lose the benefit of the Law Surely this cannot in honour and justice become you that call your selves the Conservators of the Law But if you shall avowedly deny me the benefit of the Law you frustrate your end in making Judges to be in Westminster Hall to execute the Law and put a mock upon the people and dissolve the whole frame and constitution of the civill Policy of the Government of this
Kingdom into the originall law of Nature and leave every man to judge within his own brest what is just and righteous and thereby 〈◊〉 me whether I will or no to do that in reference to you which you in your great straits did in reference to the King viz. Appeal to the righâ—â—â— Judge of all the would and the judgment of the people to decide the controversie betwixt you as appears in your own Declarations 1. part Book Doc. p. 192 196 214. 263. 278. 464 491 495. 496 498. 629. 636. 666. 690. 639. 701. 908. and if I perish I perish For what greater tyranny can there be in the world â—â— what greater straits can a man be put to then to delayed justice which is worse than to be denyed for above seven yeers together by those that have raised a bloudy war and pretended for justice and then after I have spent above 1000 li. in endeavouring to obtain Justice and my own at your 〈◊〉 and after I have served you faithfully and adventured my life in the field for you and undergone multitudes of other hardships and hazzards at 〈◊〉 for you and carried my self in all my actions towards you unspotted and that upon you own declared principles and after all this to be toss'd and tumbled by you from Gaol to Gaol year after year for nothing but my honesty and can come to no legall tryall although I have endeavoured it with all my might and to have by you thousands of pounds of my own kept from me and not a penny in all my captivitie allowed me to live upon but in the eye of reason exposed to famish and sterve or to eat my Wife and Children O monstrous and unnaturall cruelty which I will maintain upon my life it not to be parallell'd in all Queen Marie's dayes nor in the worst of King Charles his Reign So my Lord I have done with my PLEA and take leave to remain a true hearted Englishman JOHN LILBURN NOw Master Speaker having finished my Plea to the Committee of Indemnity I must acquaint you that I brought it to the said Committee with whom I had some verball expostulations after which I began to open my Plea having it fair writ in my hand which the Committee no sooner saw but presently they left me according to my desire to the ordinary course of the Law where I was necessitated at present to cease prosecution of Wollâ—ston because I was continually in expectation of my Liberty from the Lords and therefore judged it but wisdom in me not to provoke them and also for perfecting of my Ordinance for my long sought dear bought and hard suffered for reparatious from old Sir H. Vane and the rest of my cruel Star-Chamber Judges which Ordinance with much adoe was as last concluded though to little purpose as before truly is noted in p. 15 16. And for my Liberty I was chiefly beholding for that to my friends in London who in seven dayes got eight or nine thousand hands to a Petition for me in the day of your straits by the Cavaleers and presented it to your House which my true friend and faithfull and couragious fellow sufferer Sir Iohn Maynard took the advantage of and improved the utmost of his interest and thereby became principally instrumentall both in your House and in the House of Lords for my Liberty then unto whom I must and do returne the chiefest thanks for it But now Sir seeing my life for nothing but my honesty and because I will not be a slave to mens lusts is so strongly sought for to be taken away by those that have made the largest pretences and promises that can be made in the world to deliver this Nation from thraldom bondage vassallage and slavery and seeing they are such painted Sepulchers that they are like to cozen all the honest men in England with religious cheaters such as Master Edmond Rozer with whom as teacher to the Congregation where I was a Member I walked many yeares in fellowship and Master William Kiffin who was once my servant and unto both whom the indearedest of my affections run out unto to either of which I never gave a provocation to nor wronged in all my dayes to my knowledge neither of which although the first of them and I have been familiar together for almost twenty years I am confident of it in reference to my actings to the sons of men are able to my face to say black is my eye yet for these men so high and mighty in their pretence of religion and in their former familiarity and friendship to me to persecute me bitterly and write reproachfull books c against me and in the day of my calamity when the great men of the Nation make deep furrows upon my back for nothing when I am as it were in the Kennell and my hands and feet tied then to beat buffeâ— wound me and pursue my very life O the height not only of unchristianity but even of unmanhood it selfe such actions differing nothing in beastlinesse and brutishnesse from the brutest of Beasts themselves if it had been enemies as David did in the like case Ps 55. 12 13 14. that had done it I could have born it but for my familiar bosome indeared friends to deal thus with me and that in the day of my adversity when my life is hunted for like a Partridge upon the mountains in this they are more unnaturall then the very Pagans and heathens themselves for saith Isaiah cha 21. 14. The Inhabitants of the land of Tema brought water to him that was thirsty they prevented with their bread him that fled and for their malâ—ing a frothy light giddy headed fellow of me in their late book called Walwyns wyles easily deluded and drawn aside being of no depth in my self I am confident there is no two men in England that know me whose consciences are more perswaded of the falsity of that their own assertion in every particular then M. Rozer and Master Kiffin are if they would speak the truth from their very hearts the whole stream of my actions extraordinarily well known to both of them for these twelve or thirteen years together being as a large demonstration that I understand the things I goe about and am not to be biased with favour flattery frowns nor hard usage but act singly and nakedly upon my own principles that I beleeve God distills into my soul I beleeve as the actions of any man upon the face of the earth are having never forsaken nor changed my principles from better to worse the space of one hour from the day 〈…〉 fatherly discovering and distinct and assured making known of his turnall everlasting and unchangable loving kindnesse in the Lord Jesus unto my soul to this day although I am confident it is now above 13 years since I know God at my 〈◊〉 and reconciled father that had particularly wasted and clensed my soul with the 〈◊〉 bloud of Jesus Christ and
own induttry and importunity I had got a little Liberty in spite of him and his faction from your House he and his Faction got your House again to commit me and Mr Wildman prisoners as Traytors upon 19. Jan. 1647. for but mannaging an honest Petition that did but a little touch upon the Lords power And yet this very Mr. Oliver hath since been the principall Instrument to pluck up the House of Lords by the roots as usurpers and encroachors because they would not joyn with him to cut off the King's head for that which he is as guilty of himself and so take him out of his way that he might be absolute King himself as now he is and more then ever the King was in his life for he can and hath taken severall free men of England by the shoulders at the House door and in Westminster-hall and by his will without any â—ne processe of Law commited them prisoners to his mercinary Janisaries as lately he hath done to honest Cornet Chesman not of the Army for but deliuering a Letter of his unjustly imprisoned Captains Cap. Bray to the Speaker and soliciting him for an Answer to it The like of which Tyranny the King never did in his Reign and yet by Saint Oliver's means lost his head for a Tyrant But the thing that I principally 〈◊〉 at here is to declare that Oliver and his Parliament now 〈…〉 for the Nations it is not having pluck'd up the House of Lords by the roots as usurped tyrannicall and unjust hath thereby himself justified not in all my contests with them in denying their Jurisdiction over Commonâ—â—â— by Law And although Oliver had his hands full with Poyer Goring Holland Hamilton and Langdale the last yeer but especially with the generall 〈…〉 was then in both Houses against him upon the notable Impeachment of his Major Huntington and I then by my absolute freedom was a little up and could have at my pleasure been revenged of him if I had so pleased either by divisions in his Army which was easily then in my power or by joying in impeaching him with Major Huntington which I had matter enough to do and was earnestly solicited to it again and again and might have had â—â—â— enough to bost in my then low and exhausted condition yet I scorned it and rather applyed my hand to help him up again as not loving a Scotch Interest it is very well and fully known to his present darling Mr Cornelius Holland and also to Colonel Ludlow and Mr Thomas Challoner with other Members that I could name and which was demonstrated to himself by a Letter I sent him by Mr Edw. Sexby whom on purpose I procured to go down to him the true Copy whereof thus followeth SIR WHat my Comrade hath written by our trusty Bearer might be sufficient for us both but to demonstrate unto you that I am no staggerer from my first principles that I engaged my life upon nor from you if you are what you 〈◊〉 to be and what you are strongly reported to be although if I prosecuted â—â— desired revenge for an hard and almost sterving imprisonment I could have had of late the choice of twenty opportunities to have payd you to the purpose but I 〈◊〉 it especially when you are low and this assure your self that if ever my band he upon you it shall be when you are in your full glory if then you shall decline from the righteous wayes of Truth and Justice Which if you will fixedly and impartially prosecute I am Yours to the last drop of my heart bloud for all your late severe hand towards me JOHN LILBVRN From Westminster the 3 of August 1648 being the second day of my Freedom Which Letter c. as I have been told by the Bearer was not a little welcome But his dealings with me now manifest that Proverb to be very true â—â— Save a Thief from the Gallows and for your requitall he will be the first shall have you But to this I shall say no more but what the Spirit of truth saith in 〈◊〉 17. 13. That he that rewards evill for good evill shall not depart from his 〈◊〉 And being at liberty not liking in the least the several juglings I observed in divers great ones in reference to the personall Treaty and that there was nothing worth praising or liking thought of or presented by the Parliament in reference to the Peoples Liberties or Freedoms especially considering their late large expences and hazards for the procurement of the settlement of them I was compelled in conscience to have a hand in that most excellent of Petitions of the 11 of Septemb. 1648. which I am sure was no small piece of service to Cromwel and his great Associates though his Church-men now my chiefest Adversaries durst not joyn in it nor own it for very fear And hauing been in the North about my own business where I saw Cromwel and made as diligent scrutinies into things about him as I could which I then to my self judged savoured more of intended self-exalting then any thing really and heartily of what before I had strongly heard of him to the through advancement of those things that were worthy to be accounted indeed the Liberties and Freedoms of the Nation And being come to London my self and some other of my friends by two Messengers viz. Mr. Hunt one of Cromwel's creatures and another sent a Message down to him to Pomfret to be delivered to himself and to debate it with him and bring his expresse Answer back again speedily the effect of which Message was That to our knowledge God had caused him to understand the principles of a just Government under which the glory of God may shine forth by an equall distribution unto all men That the obtaining of this was the sole intended end of the Warre and that the Warre cannot be justified upon any other account then the defence of the peoples right unto that just Government and their Freedom Vnder it His Answer to which Message by Mr. Hunt was principally directed to the Independents some of whom appointed a meeting at the Nags-head Tavern by Blackwell-Hall and invited M. Wildman and my self c. thither whether we went accordingly and where wee met with Colonel Tiâ—hburn Col. Jâ—hn White Dr. Parker Mr Taylor John Price and divers others where we had a large debate of things and where the just ends of the War were as exactly laid open by Mr. VVildman as ever I heard in my life But towards the conclusion they plainly told us The chief things first to be done by the Army was first To cut off the Kings Head c. and force and throughly purge if not dissolve the Parliament All of which we were all against and press'd to know the bottom of their center and in what they would absolutely rest for a future Settlement and I plainly told them in these words or to this effect It s true I look upon the
ordinary way and meerly wants nothing if it do want but twelve Kings as his Peerâ— or Equals will nourish and increase in men that erroneous conceâ—â— That Magâ—â—â—rates by the Law of God Nature and Reason are not no nor ought not to be subject to the penal part of the Laws of men as well as the directive part of it which is the bane ruine and destruction of all the Common-wealths in the world I say the confideration of the things fore-mentioned put me off the thoughtâ— of going to Holland my self and then I put the query to my self What course I should being now a free man take for my livelihood for if I and my family lived upon the main stock which was not very much now that I had paid almost all my debts that would soon waste and be gone and to take a place for my future livelihood as I have been offered often and that â—â— considerable one that I could not do for these reasons First because I was not satisfied in the present power or Authority to act under them and so if I should I should be a supporter of so unjâ—st and illegal a fabrick as I judged an everlasting Parliament pâ—rged twice by force of Arms by the hands of their meer mercenary servants to be who were principally raised bired and paid to kil those they esteemed and judged Bears Wolves 〈◊〉 and Pâ—â—kass that took up Arms against the true chast and legally coâ—â—â—â—tuâ—ed Representative of the Nation being not in the least birâ—â— or raised to be the Masters of their Masters or the Lawgivers to the legal Law â—â—kers of the Nation in case of necessity And that an everlasting Parliamnet is dostructive to the very life and soul of the Liberties of this Nation I 〈◊〉 prove first by Law and secondly by Reason And first by Law The Law Books do shew That a Parliament which in its own institution is excellent good physick but never was intended noâ— safely can be used for diet because it is so unlimited and arbitrary was called and held somtimes twice a yeer before the Conquest as is declared by Lambert in his Collection of Laws before the Conquest amongst the Laws of Edgar chap. â— and by Sir Edward Cook in his margent in the ninth page of his par 4. Instâ—â— in the Chaâ—t of High Court of Parliament which with other of the Liberties of England being by force of arms subdued by the Bastard Norman Conquetor although he three severall times took his oath after his being owned for King to maintain their Laws and Liberties as being not able nor judging his Conquest so good just and secure a Plea to hold his new got Crown by as an after mutuall compact with the people or their Representatives over whom he was to rule and therefore as Coâ—k in the foresaid Chapt. pag. 12. declares a Parliament oâ— a kinde of one was held in his time See also 21 Edw. 3 fol 60. and 1 part Institut lib. 2. chap. 10. Sect. 164. fol. 110. a. and came to be more frequently used in his Successors time yea even to be 〈◊〉 in two years in Edward the First or Second's time at which notwithstanding the people grumbled as being an abridgment of their ancient and undoubted Libertie to meet more frequently in their National and publick assemblies to treat and conclude of things for their weal and better being the want of which of ancient time lost this Island to the Romans as Coâ—k declares 4 part 〈◊〉 fol. 9. out of Taâ—itus in the Life of Agricola pag. 306. whereupon it was â—nacted in full Parliament in Edw. the Thirds time That the King who is their Officer of trust should assemble and call them together once every yeer or more often if need require as appears by the Statute of 4 Edw. 3. 14. But because this was not constantly used by that King but there sometimes was intervals of three or four yeers betwixt Parliament and Parliament which was a diminution of the soul and life of all their Liberties viz frequent and often 〈◊〉 Parliaments therefore in the 36 yeer of his Reign annuall Parliaments are provided for again and also the causes of their assembling declared in these very words Item For maintenance of the said Articles and Statutes and redresse of divers mischiefs and grievances which daily happen a Parliament shall be holden every yeer as another time was ordained by a Statute of 4. Edw. 3. chap. 14. But King Charles exceedingly breaking his trust in the frequent calling of Parliaments and dissolving them at his pleasure when they came to treat of any thing that he liked not and so made them uselesse to the Nation both which was against his trust as you notably declare in your Declaration of Novemb. 2. 1642. 1 part Book Decl. pag. 701 702. And of which you most bitterly complain in your first Remonstrance 1 part Book Decl. pag. 5. 6. 11. and in pag. 10. 11 ibidem you declare That his destroying of these two grand Frâ—â—dâ—ms of the People viz. Frequent successive Parliaments and free Dâ—â—aâ—es therein bad corrupted and distempered the whole frame and Government of the Kingâ—â—â— and brought in nothing but wayes of destruction and Tyranny For the preventing of which for the future you got an Act to passe in the sâ—xteâ—â—th yeer of the late King and the first yeer of this long-winded Parliament to 〈…〉 of the two forementioned Acts for an annuall Parliament And further there say thus And whereas it is by experience found that the not holding of Parliaments according to the two forementioned Acts hath produced sundry and great mischiefs and inconveniences to the Kings Majesty the Church and Common-wealth For the prevention of the like mischiefs and inconveniences in time to come Be it enacted by the Kings most excellent Majesty with the consent of the Lords Spirituall and Temporall and the Commons in this present Parliament assembled That the said LAST FOREMENTIONED Laws and Statutes be from henceforth duely kept and observed And you there go on and enact that in case the King perform not this part of his trust in calling annuall Parliaments that then a Trienniall one shall be CALLED BY THE LORD KEEPER c. whether the King will or no. And there being no provision in this Act but that the King might break up this Parliament at his pleasure as before he used to do and so dis-inable you to discharge your trust and duty to the people in providing fit remedies for those many grievances then extraordinarily spread over the whole Nation that the long intermission of Parliaments had occasioned you therefore presse the King to grant an Act that the two Houses might not be dissolved but by your own consents which the King condescended unto the rather because the Scotch Army was then in the Kingdom which he longed to be rid of and which you pretended you could not pay without such an Act these being the true declared and intended
of Parliament fol. 27. authorised to be printed by thâ— late Parliament in its purest purity for good Law Thirdly In Law there is no Session in a prâ—â—â—gation or 〈…〉 the Parliament they are the words of Cook himself fol. 27. ibid. Fourthly This Parliament as appears by the Act for not dissolving 〈◊〉 of before mentioned cannot be prorogued by the King but by Act of Parliament but there hath been as yet no Act of Parliament in that behalf and therefore all the Acts of this Parliament are in law Acts of one Session 〈◊〉 pears by Ploâ—d Com. 33. H. 8. B â— relation 3◠〈◊〉 Parl. â—6 Diâ—â— 1. 〈◊〉 8â— Fifthly In Law all Acts of one Session relate to the first day of the Parliament and all the Acts of such a Parliament are Act of one day so the 〈◊〉 for the Triennial and the Act for this perpetual Parliament are two Acts of one day by the Law Sixthly the 4 Edw. 3. chap. 14. 36. Edw 3. chap. 10. forementioned 〈◊〉 claâ—es that a Parliament ought to be holden once every year and moâ—◠〈◊〉 need be those very Acts are every clause of them confirmed this Parliament which also provides that in case the King break those Laws and do not annually call Parliaments as is before declared that then the Lord Keeper whether he will or no shall call a triennial one Now I would fain know of any â—â—â—ional man How an everlasting Parliament doth agree with a Parliament 〈◊〉 yeer oâ— oftner if need require or with the intention of those Laws And 〈◊〉 doth a Parliament every three years provided for as sure as its possible for Law to provide in case the King annually should not cal one agree with a Parliament for ever which may be by the letter of the perpetual Act 〈◊〉 the two Houses please The conclusion of all is this that at one day in law the late Parliament passed two Acts for howbeit the one was in the 16 of the King and the other in the 17 year of the King yet both in law are Acts of one 〈◊〉 the one saith the King shall call a Parliament once a year after the sitting of this Parliament and in case he doth not the Lord Keeper c. shall 〈◊〉 Parliament three years after the sitting of this Parliament The other 〈◊〉 in the letter or litterall construction of it saith this Parliament shall 〈…〉 ever if the two Houses please The one will have a Parliament with an 〈◊〉 the other a Parliament without an end Now the question is which of these two was the true intent and meaning of the Makers of this Act for as Lâ—â—â—ned Cook rationally and well observes in his excellent exposition of the 1 Eliâ— chap. 1. 4. part Institut fol 328. which Act established the power of the High-Commission that by colour of this Statute did many 〈…〉 illegall things such an interpretation of ambiguous and doubtfull things is 〈…〉 be made that absurdities and inconventences may be avoyded but the highest â—â—â—â—dities and inconveniences in the world would follow if this last Sâ—arâ—â—◠〈◊〉 be taken according to the literall construction of it and not according to the equity and true intent and meaning of the makers of it which was not to 〈◊〉 this everlasting if they pleased and so totally to destroy annuall Parliament or in the Kings default of calling them then trienniall Parliaments whether he would or no but only to secure them from the Kings sudden breâ—â—â—â— them up at his pleasure that so they might sit some reasonable short 〈…〉 dispatch the great business of the Nation and that reasonable time 〈◊〉 by any words or the true meaning of any in either of the Statutes 〈…〉 〈◊〉 to be above 〈◊〉 at most especially from the 〈◊〉 of the 〈…〉 in the right and true meaning notwithstanding the last Act were yâ—◠〈◊〉 in force to binde the King to call Annuall Parliaments but two Parliaments by Law cannot sit together but without two Parliaments should sit together viz. An everlasting one and an anâ—â—â—ll one which is our right by Law 〈…〉 enjoy the benefit of those good and excellent Laws for Annuall Parliaments or oftner if need require And therefore to take the utmost extent of the length of that time the two Houses were enabled to sit by vertue of the force and power of the last Act it could not be above a year at most from the day of the date of it and yet they have sate almost eight since by vertue and colour of that alone and of nothing else in law having no other visible Commission under the Sun to authorise them to destroy our undoubted naturall and legal Rights of having often and frequent successive Parliaments totally new which they have done by their long and unwarrantable sitting principally to enrich the most of themselves and enslave our spirits And that an everlasting Parliament was never intended by that Act I think their own words printed in December 1641. which was immediately after the passing that Act will easily decide the controversie And in their or your first Remonstrance of the state of the Kingdom after excusing of your selves from any invasion of the rights of the Crowne 1 Part. Book Declar. pag. 1â— 17. there is these very expression viz. The trienniall Parliament for the matter of it doth not extend to so much as by law we ought to have required there being two Statutes still in force for a Parliament to be once a year And for the manner of it viz. THE TRYENNIALL PARLIAMENT it is in the Kings power that it shall never take effect 〈…〉 by a timely summons shall prevent any other way of assembling In the 〈◊〉 for continuance of this present Parliament there seems to be 〈…〉 of reall power in dissolving of Parliaments not to take it out of the Crown but to suspend the execution of it for THIS TIME AND OCCASION ONLY which was not necessary for the Kings own security and the publique peace that 〈◊〉 it we could not have undertaken any of these great charges two must have left both the Armies to disorder and confusion and the whole Kingdom to 〈◊〉 and â—apine Which words are a 〈◊〉 and 〈…〉 That the 〈◊〉 of the makers of the foreâ—â—id Act was never to make this a perpetuall Parliament but onely for 〈…〉 the King 's sudden breaking them up when he pleased whose 〈…〉 from by this Act which thing onely is and was the clear meaning of the makers of it And that the generall words of a Law or the literal sense of 〈…〉 â—â—ld forth absurdities and inconveniences and visible mischiefs aâ—◠〈◊〉 by interpreted and controuled by the intent of them that made it is clear from their own Oracle Sir Edw. Cook who in his exposition of the 〈…〉 of 1 Eliz. chapt 1. in his 4 part 〈…〉 Nâ—w that divers and many other Acts of Parliament BESIDES THIS OF ELIZ. which are generall in words have upon consideration of the mischief and
and our wise just and long winded â—arliament are willing thershould so do or else almost in nine years time they would have given some satisfactory effectuall answer in those multitudes of Petitions that have year after year been preferred to them complaining of these unsufferable and destroying grievances and yet they can assume to themselves a stile of the Conservators of the Leberties of England in the firsâ— year of Freedom but I wonder where it is for my eyes can see none at all in any kind but rather more bondage then ever witnesse now their Treason-trap c. So English cloath being so great a drugg there that little profit could I expect by my adventure unless I laid out in the return most of my mony in such Commodities as are monopolized by new Patents Ordinances against the Laws and Liberties of England and if I so did when they come here if the Monopolizers catch them they are all lost so here is our Freedom but yet notwithstanding I did order my factor to lay out the most of my mony there in such commodities only being resolved as soon as I could here of the ships arrival in the river of Thames to boord her with half a dozen lusty resolved blades and with my own hand to give the chief Monopolizer's a bâ—ace of pistoll bullâ—ts in his guts or a prick with my Rapier or dager in case he came to take away my goods from me and then to run the hazard of a tryal at common Law to see whether by the Law of God and of England I could not justifie the preservation of my self and my goods from any that come to rob me of them and rather kill him or them that would assault me and them then suffer him or them to take away by force my livelyhood and so by consequence the life of me and my family but the counsell of States robbing me of my liberty by my close imprisonment in the Tower hath frustrated my marchandizing hopes yea and it may be thereby break me to the bargin but if they do when they have seriously cast up their gains by it they will not be six pence the richer though my wiâ—â— and â—â—tle babeâ— may be much more the poorer But to turn back again to my coming out of the North besides the thoughts of my future substance in some honest industrâ—â—â—â— calling or other I spent some time at Westminster to see and satisfie my own understanding how the tâ—â—e sail of things stood at the helm I mean with the three great meâ— of the Army viz. FAIRFAX CROMWELL and IRETON and whether I could finde out they had any real thoâ—â—hts to prosecute their OWN AGREEMENT that so we might have a new equal and just representativâ— which I upon my principles now they had laid Kingly Government aside look'd upon as the only and alone earthly salâ—â— to heal and cuâ—e the wounds of this distâ—acted and dying Nation and to make it flourish once again in peace Trade and all kinde of outward prosperity and without which our wounds could never be heaâ—ed â—r cured by any other means that could be invented oâ— contiâ—â—â—d looking in my own thoughts upon the then smal sitting remnant of the last Parliament as a quite contrary inteâ—est to the peoples good or welfare distributive Justice and universall righteousness being their bane and that which would be the unavoydable ruine by reason of that horrible gâ—ilt they have contracted by their self-seeking unjust wayes upon themselves thâ— great bug-bear the King being now gone they would be necessarily lâ—d for the supportation of themselves in the evill of their wayes and continuance of their intended perpetual Greatnesse to court support and make much of the chief Supporters of all the remaining corrupt Interest in England as the Priests and their robbing Tythes the banc of industry the Laywers and their monopolizing pleadings and all their old and base inslaving corruptions in the execution of the Laws as bad in a manner as the old bondage of Egypt and of old and illegall Charter-mongers the inhaunsers engrossers and Monopolizers of Trade and all the base bondages thereunto belonging the peoples freedoms and liberties being the onely thing now dreaded by them â—â— the only engine to pull down all the steps they have long laid for their elective Kingship and the single injoyment amongst themselves alone and their vassals slaves and creatures of all the great places thereunto belonging and thereupon depending which yet they must not immediately do but go about it gradually and first get the power of seeming legall authority into a narrower compasse then it was in their purged House of Commons that so that might rule counsel and direct their mock Parliament and the Councel of the Army â—ight rule that by means of which what with the service of Irelanâ— c. they might so moâ—â—lize their Army that it in due time might totally become slavish by obeying without dispute what ever their great Officers command them and so unanimously elect and impose upon the people their present generall for their King as the onely fit able and best deserving man in England for that soveraign Place provided under-hand he would ingage too high and mighty Oliver and his Son in law Henry Ireton to be sure to do aâ— they would have him and in his Kingship to promote those that they would have advanced that so one of them might not fail after his decease to succeed him and so in time with their long continued power and wils keep it in their Line as the onely deserving Family in this Nation who saved it from its enemies for their own ends in the day of its distresse whose battels it fought pretendedly for the Liberties of England crying out Jehu like 1 Kings 10. 16. Coâ—e See my zeal therefore in cutting off the Kings head c. and razing out his Family And undoubtedly it is of the Lord for he hath prospered me in it and so he did Judas in betraying Christ and noâ—e hath been able to stand before me When as alas all this successe may be no more but the rod of God to chastise a then more wicked Family designed by God to that destruction for the transgressions sin or blood thereof Yet for all this the heart may be no more upright then John's was which vantingly lifted up by his great suâ—câ—ss took no beed at all to walk in the Law of JUSTICE TRUTH and OBEDIENCE the Lord God of Israel with all his heart but followed after MANS INVENTIONS and DEVICES JEROBOAM'S wickedness to win the golden calfs in DAN and BETHEL for which wickedness and pride of his spirit after all his success in fulfilling the express will and command of God in cutting of from the earth Ahabs family for the transcendent wickedness thereof yet God begun to plague him and in those daies cut ISRAEL shoâ—â— ye and afterward for the pride and wickedness of his posterity unto whom to the
juster or better way of tryall and they 〈◊〉 to provide for our weale but not for oâ—r woe â— par book Doc. p. 150. and 〈◊〉 〈◊〉 doe what they list but what they ought 1 par â—ook dee p. 172. 205. 214. 266. 267. 〈◊〉 494. 497 499. 656. 660. 666. 696. 706. 707. 〈◊〉 2 par fol. 95. Declarat 17 March 164â— p. 6. 21 28 27. For all the idle pratings of any new upstart ' SONS OF BELIAL amongst us such as the Author of the late abominable Book called the DISCOVERER which is commonly reported to be partly Master Frosts Secretary to the 〈◊〉 callâ—d the 〈◊〉 of 〈◊〉 and pâ—incipalâ—y that Apostate IOHN CAN law if 〈◊〉 and now of the Parish of Bâ—w whose conscience by that appeares so bread 〈◊〉 it will without doubt lead him to worship with the Turks Alkeron if it were in 〈◊〉 and fat livings to be got by so doing But let all men in Authority and great place◠〈◊〉 value thei own heads and lives Remember Dudly and Epsons punishments Privy Coâ—cellors to Hâ—nâ—y theâ— eveâ—â—â— for proceeding by the rules of their discretion i◠〈◊〉 〈◊〉 laying aside the tryals by Juries of twelve men the ancient and undoubted birthright of the Subject 4 part inst fol. 41. for which they lost their heads as Traytors for subvertâ—ng the fundamentall Liberties of the people although they had an Act of Parliament viz. 11 Hen. 7. châ— 3. recorded 4 par inst â—ol 40 made by as unquestionable power in Law as ever was in being in England in a free and full Parliament câ—â—sisting of King Lords Spiâ—ituall and Temporâ—ll and Commens to authorise and beat them out in what they did of whom you may read most excellently in Cooks inst viz. 2 par fol. 51 4 par fol. 41. 197 198. 199. And in my musing with my self of their conditionn my thoughts were something to this purpose the actions done and acted by them were either crimes or no crimes crimes as to men they could not be unlesse they were transgressions of a knowne and declared law in being in the Nation before their acts were done for saith the Spirit of Truth Where there is no Law there can be â—â— transgâ—ession Rom. 4. 15. and if so then to punish them for their acts or facts any other wayes or by any other rules manner or methods then is by those Laws against which they had transgressed is expressed and presâ—ibed is very grand injustree and the most righteous and justest men in the world under such practises can never be safe or secure but are alwayes liable in liberty estate and life to be levellâ—d and destroyed by the will mallice and pleasure of the present sâ—aying grand faction in which condition a man differs nothing from a brute beast but in shape But the High Court of Justice erected to try them was a pretended Court of Justice not knowne to the visible and declared law of England being in its constitution altogether against all the English Rules of justice No nor in being when their facts were committed And therefore had no pretence at all being but a new constitution to meddle with Judging of their facts committed before it had a being or was brought forth into the world Besides the erection of it I mean a High Court of Justice to try men for siding with the King in the late warrs against the Parliament is a meer and cleer giving away and surrendring up the legallity of their cause in o the Kings hands telling the people in effect hereby its true we have waged warre against the King but if his sword had been as long as ours he might easily if he had pleased have hanged us all by the rules of Justice for transgressing â— lâ—w in being But we having by the chancâ— of war prevailed against him alass we have no law of our sides by the rules of which we can hang any of his party but must be forced to take away their lives by the rules of our own wills and power by rules of pretended Law mâ—de after their facts committed and for the demonstrating of this unto all that have adhered unto us we Erect a New High Court of Justicely new rules never known in England to try them that so our friends that have adhered to us may see where they are and betimes provide for their own safety and never trust or beleeve OUR DECLARATIONS AND REMONSTRANCES ANY MORE for though we formerly told you we had the Law of our sides yet by our setting up this High Court of Justice to be both parties Jury and Judges we plainly tel you there was no such thing but that then what we told you was lyes and falshoodâ— and that you should beleeve us no more for though then we told you we would maintaine the Law especially of Liberty and Propriety and that it was â— transcendenâ— wickednesse in us to destroy it and by our votes at our wills and pleasures to disposeor levell all the peoples estates liberties and properties yet now we iell you we never in our hearts intended any such thing but that our designe was totally if we did overcome never to keep any of our promises but absolutely to destroy all Law and by our absolute will by all manner of new erected engins to debase and breake the peoples Spirits and to dispose of their liberties estates and lives by the absolute rule of their own wills and as a cleâ—â— demonstration to your understanding that we never intended otherwise we erect this HIGH COURT OF JUSTICE composed of suck 〈◊〉 we know will obey and execute the absolute dictats of our wills â—e they 〈…〉 without ever examining whether our commands be consonant to law reason eqâ—ity justice or conscience being of as absolute implicite faith in belclâ—ering of us because we have promised they shall â—aign with us or under us as ever any papish in the world were believing the Popâ— Thirdly Admit this had been an unquestionable representative of the people Parliament who by veâ—â—â—â— thâ—â—â—â—f hath had a power to levy what mony they had judged convenâ—â—nt upon the peoplâ— bâ—â—â—neral tax for the common safety of the Nation which act both by law and reason â—hâ—y may do yet they cannot in law equity or reason lay all thaâ— tax upon thâ—ee oâ— four men alone and make them bear all the charges of the publick evâ—n so although the Parliament may erect Courts of Justice for the good of the people to administer Law in â—esinitely to all the people of England alike without exeâ—pâ—ion of perâ—ons yet they can neither by Law nor Reason erect a Court of Justice on purpose to try three or four individual persons and no more because it is against common equiâ—y â—â— Englishmen oâ— people being all born free alike and the liberties thereof equally intasted to all alike and therefore in common equity and justice three or four individual persons ought not to be burthened with an iron yoake when
the universal are only bâ—rthened with a wooden one and therefore in this sâ—â—rt is my judgment that that high Court of Justice was altogether unlawfull in case thâ—se that set it up had been an unquestionable representative of the people or a legall Parliament neither of which they are not in the least but as they have managed their business in opposing all their primitive declared just ends a pack of trayterous self seeking tyranical men usurpers of the name and power of a Parliament I say considering with my self some such things as these are I was something diligent at the beginning of their tryal to see and hear all yea and ofâ—en converseâ— with thâ—mselveâ— but when I came to hear stâ—ut CAPEL make his defence for himself which was before he had any counsel assigned and so GALLANTLY and acâ—utely to plâ—ad the Law and demand the benefit of it which he did as acutely in my judgment as ever I did hear any â—â— an in his own case in my life alledging fiftly the Statuâ—e of 25. Ed 3. chap. â— and cited the very word of those â— notable Statuts for his benefit of the 1 â—â—n 4. chap. 10. and 11 Hen. 7. chap 1. the last of which indemnifies the Kings followers iâ— wars and also cited the first and second of P. and M. chap. 10. and pressed therefrom that â—ll treasons should be tryed by the â—â—les of the common Law and not by extâ—aâ—â—dinâ—ry â—ays and means according to the declared Laws in being citing the petition of right for the proof of that looking round about him and saying I am an English man and the Law is my inheritance and the benefit of the petition of right my birth right if so then saith he lâ—â—king upon the president 〈◊〉 my Jury I see none of my Iury that is to pass upon me I demand the sight of â—â— Jâ—â—y legally pannelled as my right by Law without the verdict oâ— whom I cannot in Law be câ—â—demned and when it wâ—s â—eplyâ—d upon him by the preâ—â—dent that the members of the Court was the Jury he most gâ—â—lanâ—ly and resoluâ—â—ly answered to this effect I 〈◊〉 you will not deny me the beneâ—â—â— of the Law which you â—â—etend you have sought this Seveâ— years to maintain I hope Sir You will not deny mâ— the benefit of the Declarations of those by whose power you sit And producing â—â—e Declaration of the pretended House made the 9th Fâ—br 1648 To maintain the Fundamentall LAVVES of the Nation he held iâ— forth and desired it to be read which was refused by the President telling him They knew it well enough Well then saith he Here 's a Declaration made but the other day wheâ—ein the Parliament declareth That they are fully resolved to maintain and shall and will up hold preserve and keep the Fundamental Lawes of this Nation for and concerning the preservation of the Lives Properties and Liberties of the People with all things incident thereunto with the alterâ—tions touching Kings and House of Lords already resolved in this present Parliament FOR THE GOOD OF THE PEOPLE And saith he It is one of the Fundamentall Liberties of the Subjects of this Kingdom to be tryed by JURIES and I hope you wil not deny me the benefit of the Parliaments Declaration and so break it as soon as it is made but all was to no purpose he must have no Jury but Councell if he would at the denyall of which unto him I confesse my heart was ready to sâ—â—k within me and my spirit was inwardly fill'd full of fire at these wretched men whose now declaâ—ed deâ—igâ—s was cleer to tread under their feet all the Liberties of England notwitâ—standing aâ—â— their oathes and promises to the contrary and then in that â—â—y in â—y own thougâ—â—s I clâ—arly bid adieu unto all Englands glorious amongst men Libâ—â—ties and deaâ—-bought Fâ—eedoms and much adoe had I in the open Court to containe my self fâ—om an aâ—â—wed dâ—teâ—â—ation of their A BOMINABLE WICKEDNES my heaâ—t was so full but being withdrawne I was something free in my discourse in all companies I came in but yet upon the principles of the Law and their own Declarations as being almost overwhelâ—ed to see what I then saw and severall discourses I had with the prisoneâ—s and divers of my books and law pleas with Sir Iohn Maynards and the foure Impeached Aldermen I sent them and much pressed some of them to put their lives upon the hazard of a Plea and protestation against the Jurisdiction of the Court telling them if they dyed upon that score they would not only dy as lovers of the King their principall but also of their Country as brave Englishmen in the eyes of the people whereas if they stooped finally to their Jurisdiction they might easily percâ—ive they were resolved to sacrifice them and if they so died they dyed upon a poor and begparly score yeâ— in a manner upon the deniall of their own principals but the Gentlemen having as â—o me appeared large promises of their lives upon conformity to the Jurisdiction of the â—ourt were meerly gullâ—d thereby of their lives and could scarce ever beleeve the should dye till the house of death came upon them And yet notwithstanding this some of them sent to me to desire me to be one of their Councell to plead for them in matter of Law unto whose friends I returned an Ansâ—er to this effâ—ct That I could not be â—o unworthy in my own estiâ—ation as to plead any plea they could plead for a justifiâ—ation of their â—ctions though I confâ—ssed there were much in Law to be said for them â—f eâ—â—ally as the case stood with them unlesse it were a plea and protestation against their Jurisdictâ—on and so procrastina 〈◊〉 tryall if it were a possible till a new Parliament upon whiâ—h plea I â—ould willingly have veâ—tred my heart blood for thâ—m because my intâ—râ—st and the interâ—st of all the free and honest men in Enâ—lâ—nd was as much concerned in that faâ—â—ll president of that abhominable and wicked Court aâ— Câ—pell or Hambletoâ—s life c. was but they would not venter there and so I declined them And when HOLLAND came to it a Lady and some other of his friends came to me to my house about hiâ— but I was still upon the same string yet sent him word of severall particulars in reference to my Tryall and arrâ—igament at Oxford that was very materiall to his present cause and if he would call me in the open Court as a Witnesse he should sâ—e I would speak my minde freely and effectually although I smarted for so doing and he appointed a day to call me whereupon I went into the Court and conveyed wâ—rd to him I was there but whether his heart failed him or no I know not but he never called me so when I understood they were all in the way of condemnation I took the thid part of Cooks Institutes under my arme to the house doore and made
severall Aâ—pliâ—â—tions to some of their Judges and some Parliament men for them and particularly with Colonel Temple Governour of the Fort near Graves End and delâ— with him upon their own Principals as the most probablest to doe the Prisoners good and to save their lives which I confestâ— I much laboured for and my Discourse with him 〈◊〉 to this â—ffect at the House doore Sir I beseech you let me aâ—k you one question What 's that saith he It is whether you think youâ— House intend in good earnest to â—ake away the lives of the Lord Capel c or whether they have only caused them to be condemned in terrorum without all controversie said he they intend to take away their lives and it is but just they should and doe not you believe so No indeed Sir doe I not and â—â— you please I will give you some part of my Reasons therefore I pray let me have them Well then Sir said I to say nothing of the Jurisdiction of the Court by which they were tryed which is very questionable to me noâ— of the power of a Parliament to erect such a one nor yet of the questionablenesse of the legality of your single House nor of the clearnesse of the letter of thâ— Law oâ— their sides which now the King being gâ—ne might put you oâ—â— of feare of the future power of these men and make you now 〈◊〉 at your mercy and you out of fear of present hurt by them seriouslâ— to weâ—gâ— the Quaâ—â—ell betwixâ— you and theâ— in an equall and just balance which if you do I am sure you will 〈◊〉 it very dispâ—â—eable in Law and something in Reason too considering many of youâ— late actions especially if you consider youâ— ever avowedly nor throughly stated your Cause but begun it upon Commissions for King and Parliament force â—â— people to take the Oath of Allegiance and Supremacy Protestation and two Covenants â—â— all which you force the people to swear to maintain the Kings Person Crown and Greatnesse and this 〈◊〉 the Wars begun letting all Writs and Processe of Law 〈◊〉 in his Name and thereby your selves mâ—ke him as it were Alpha and Omega to the pâ—ople yea and in severall of your Declarations fince the quarrell you call him the fountain of Honour and averr he can do no wrong See 1 part Book Decl. pag. 199. 304. All which doings of yours are enough to make men siâ—â— with the King especially those that have great Estates if it be for nothing but safetie's sâ—ke alone But I will laâ— all these aside and argue with you more closely upon principles that you cannot dispute against 1. And therefore in the first place The Law of England pâ—â—lished by your selves saith expreslâ— No man of England in things concerning lifâ— shall be judged twâ—â—â— for one fact but if once judiciallâ— tryed and acquitted he never more by Law can be questioned again for that crime though indeed and in truth he be never so guilty of it and though it be never so criminous in it self otherwise there would never be end nor safety And for the proof thereof I then â—ired â— YERS Case at the Sessions of the Peace holden at Norwich in the 32 yeer of Qâ—een Elizabeth and the Judgeâ— opinions thereupon which is notably recorded in Cooks 3 put Institutes chap. 104. of falsifying of Attainders fol. 230. And my own Case at Oxford which was to this effect Being at the Fight at Brainford which was upon the 12 of Novemb. 1642 taken prisoner in Arms against the King and his party I was carried captive to Oxford Castle where not long after my arrivall the Lord Dunsmore the Lord Matrevers the Lord Newark and the Lord Aâ—dâ—ver came to the Castle to me from the King as they said and proffered me from himself great matters so I would crave his â—â—don for the treason I had committed against him in being in arms against him and foâ—sake the traiterous Parliament and return to my obedience as they called it to the King but being then as able in my own thoughts as any private man in England to argue the equiâ—â— and Justice of the Parliaments Cause I was then knowingly ingaged in by the hopes of the performance of their many gallant promises to make people of England free and happy their then only declared aâ—m and end â—nd in whose quarrell I would then have laid down a thousand lives if I had had them and for the greatest part of an hour together by dinâ— of Argument grounded upon Law and Reason scâ—â—ning and 〈◊〉 all 〈…〉 of Honour Riches and Greatnesse I â—eld them in play so hoâ—ly that they â—â—ll 〈…〉 with me and gave up their disputing buâ—â—lers tâ—â—eatning to hang me 〈◊〉 for a grand Traitor without any more adoe At which I laughed and desired their 〈◊〉 to tell me which way they would go to work to take away my life now they had given me quarter Well say they We have two strings to our bow And in the first place we will arraigne you for a Traytor for being the chief or Generall of the Preutiâ—â—t that câ—â—e dâ—â—â— to Westminster and White Hall and forced the House of Pâ—ers and drove away the King from his Parliament and so begun the Warrs Unto which I replyed Alâ—sse my Lords you will be far mistaken there And I cannot but wonder that your Lordships should so undervalue your own Honours and Reputations as so much as once now to mention this Why Sirrah said one of them Why my Lord Because your Lordships may remember that the 3 of May 1641. the King caused Warrants to issue out to apprehend me as a Traytor for this very thing and others depending upon it and as a traytor I was apprehended by his Messengers one of which that night kept me prisoner as a Traitor and the next morning I being 4 of May 1641 as a Traytor I was brought by him to White Hall where aâ— I remember old Sir Henry Vane and Mr. Nicholas were appointed by the King himself to carry my Impeachment to the House of Peers at whose Bâ—r I that day appeared not then understanding their Jurisdiction and was there that day in your way arraigned for my life and one Littleton the Lord Keepers Kinsman swore most biâ—terly against me but upon further examination of witnesses and hearing with patieâ—â—â— my own Defence for my self I was by your whoâ—e House who lookâ—d upon themâ—elves as the highest Judicatory in England honourably and nobly 〈◊〉 a◠〈◊〉 â—â—nocent and fâ—â—e of the Kings accusation of which my Lords said I then let me plainly tell yâ—u if I were guilty you were a company of â—â—righteous and unjust Judges for freeing me from that Accusation but my Lords being judicially tryed therefore and acquitted by your selves who if my memory fail me not I â—aw all at that Tryall and by your whole House then extraordinary 〈◊〉 as ever I saw iâ— who judge your selves the highest Judicature in England
I am acquitted thereby my Lords by the Law of England from any more question about that 〈◊〉 although it should be granted I was never so guilty of it Unto which they replyed to my remembrance in these words A pox on you for a cunning subtill Rogue are you so cunning in the Law that we cannot lay hold of you here but yet for all your parts we will have you to the gallows for leavying Warr upon the traiterous commands of the Parliament against the Kingâ— And here â—aid they wee are sure the â—aw will reach you Whereupon I was immediately aâ—ter laid inâ—â—â—tons and brought to the Bar before the Lord Chief Justice Heath Sir Thomas Gardâ—ed Recorder of London c. and by Indictmâ—â—t aâ—â—oâ—ding to the rules of the Common Law aâ—râ—igned for a traytor for levying War in Oxfâ—â—dshâ—â—e against the King But my Plea to the businesse of Wâ—stminstâ—r and the Pâ—entiâ—â—â— was admitted for good law That being once judiciallâ—â—â—ed and acquiâ—ted I could no more be troubled therefore neithâ—r indeed was â— But according to the punctâ—liâ—es of the Law they gave me all the lair play in the world that the Law would allow me sâ—ffering me to say for my self at the Bar what I pleased releasing me of my close imprisonment and iâ—ons and allowed me pen ink and paper which the Jaylor kept from me upon my pleading before the Judge such usages being altogether contrary to law and that no such usage ought to be exercised in the least upon any prisoner whatsoever that wâ—◠〈◊〉 beaâ—â—ly rude in his impâ—â—lonment and that no supposed â—raitore◠〈◊〉 by law could be put to any paâ—â— or tormâ—nt before coâ—riction And truly Colonel Teâ—â—le I shouâ—d be very sorry and blush for shame 〈◊〉 considering my â—â—rong zeal in the Parliaments cause to see the day that the Parliament of England aâ— least thâ—se that so stile themselves that hath pretended so much righâ—â—â—â—ness and justice should be no more just to the Covaliers against whom they have fought for injustice and and oppression in denying them the benefit of the Law â—hâ—n they are in their power and mercy then the Kings Jadges were to me and other of your prisoneâ—â— when their lives were in their power and mercy in the hight of War and of their 〈◊〉 prosperity and yet granted us the benefit of Law in all things we claimed it in as Capt. Vivers of Bâ—nâ—ury arraigned with me can witnesse as well as my self Now Sir to make application the Parliament not long since when in its poâ—eâ— it was more aâ—unâ—â—ntly unquestionable then now it is after its new force condâ—â—â—â—ed CAPEL HAMBLETON HOLLAND c. to banishment for the very 〈◊〉 now to their charge anâ— thâ—refore in Justice and Law cannot a second time cause them to be adjudged to die for the veâ—y same things It s nothing to me nor to the Kingâ—om for you to say that when that Jâ—dgment pass'd they had so many friends sitting in the House as over-voted the honest Common-wealth's-men to the prâ—judice thereof for the majâ—r part is Parliament or else thâ—re â—s no parliament Therefoâ—e Sir I reason thus Eâ—ther that wherein that Judgment pass'd was a parliament or no Parliament â—if a Parliament then their judgment â—s to themselves especially was binding and the benefit of it they ought not to deny to them whose liveâ— are consâ—rved in it 〈◊〉 it were unjust in it self â—â— to the Nation But if you or any other man shall say it was no Parliament as having forfeited their trust in treating with the King again and so their Judgâ—â—nt not valid then with much more confidence say I this that now fits is no Parliament and so by consequence the High Court of Justice no Court of Justice at all and if for then to execute them upon their Judgment is absolute Murder But I would fain see that honest and valiant man in your House that duâ—st pretest against them for no Parliament But Sir besides this mark the consequence of it to all we Parliamenteers that have acteâ— under you and by vertue of your commands by these Proceedings First You have sold the Bishops Lands and given them thâ—â— bought them as they suppose good security for their quiet enjoyment of their Pâ—rchasâ—s I but within a little whâ—le after part of the very same Parliament alters their mindes and being becomâ—th maâ—or part by forcible Purgations illegall new Recruits or by any other â—ricks â—â—â—â—viâ—es and they vote all those bargâ—ins are unjust and the Purchasers ought to lose both â—eâ—r Land and Mâ—nâ—y where is then that stable security of Parliaments And yet such doings would be as just as your present dealings with CAPEL c. whose preceden◠〈◊〉 a precedent for that and much more of the same nature Bâ—t secondly The samâ— Parliament that condemded Capel c. to Bâ—nishment pass'd mulâ—itudes of Compositions with severall Cavâ—lierâ— as guilty of Tâ—eason in the 〈…〉 of it â—s they And by the same ruleâ—oâ— now condâ—â—n CAPEL 〈◊〉 after you have judged them to banishment you â—â—y adjudge all the compounding Câ—vâ—â—eers to â—â—â—angeâ— after you have adjudged them to composition and so put the Kingdom by 〈…〉 people desperate in an everlasting flame that never will have end becâ—â—se 〈◊〉 is â—o certainty in any of your proceedings but are â—s changeable as the wind thâ—◠〈◊〉 〈◊〉 Thirdly and most principally it is a common maximâ— in Law and Reason both and so declared by your selves 1 part Book Declarat page 281. That those that shall guide themsâ—lves by the judgment of Parliament oughâ— what-ever happen to be secure and free from all account and penalties Bâ—t divers honest men as you now judge them â—ave acted and guâ—ded themselves by the judgment of Parliament as they account yâ—u in taking away the King's life and yâ—t by your dealings with CAPEL c. they are liable to be hanged as â—rayt â—s 〈…〉 a major part of your very House by force or other 〈…〉 shall vote that act 〈◊〉 and all the Actors therein Traitors So that Sir if I have any judgâ—â—nâ— in â—â—e by his very single act towards them you shake the vâ—ry toâ—ndation of the validity of all the Parliamâ—nts Decrees and Judgments at once and mâ—ke 〈◊〉 all the Seâ—uriâ—y and â—ndemnity that those in â—qâ—â—ty ought to enjoy that have acted by you commands aâ—d guided themselves by the judgment oâ— Parliament By meaâ—â— of which you will finde in time you have demolished your own Bulwarks an destroyed your own Fences And for time to come for my part I shall be a thoâ—sand times more wary how I obey all your Commands then ever I was in my life seâ—ing yoâ— are so fickle and unstable that no man knows rationally where to find you or fixedly to what to hold you But if you shall object as some do That that judgment of Bâ—nishment was onely in â—â—ference to the peace with the King and that being broke yoâ— are absolved