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

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Arist●cracie o● Democracie but I must confesse I had rather l●ve under a well bounded Monarchy by Laws and Liberties then a corrupt Aristocracy The Scriptures and the Laws of England are favourable and tender of the life and Liberty of humane Nature of Mankind Gen. 49 6 7 Num. 35.31 33 Ezek. 35.5 ● 1 King ● 5 6. Exod. 21.14 D●ut 19.10 11 12 13 21 1 2 3 4 5 6 7 8 9. Mic 2.1 most eminent and glorious Scriptures worthy of the Nations faithfull reading and use And saith Mr. Steele in Duke Hamiltons Case If di●ers pe●sons do come to do an unlawfull act and one commit murther or Treason it s so in all 1 M. Dyer 38. 11 H. 4. 13. 19. Edw. 2. Fitz Cor. 4.33 And The Law of England saith the Lord Cook is a Law of righteousnesse and mercy 1 part of Instit sect 483 fol 2 0. 2 part of Instit fol. 42. 43. 46. 55 56. 115. 186. 189. 190. 526. and 4 part of Instit fol. 168. See Lieut. Col. John Lilburn● Case of the Sentence in the Star-chamber and the Votes upon it for his reparations that the Sentence was wicked cruel bloudy illegall barbarous and tyrannicall The Nations right of appealing is not only strangled and stifled but I am sent unto your Jurisdiction and am in the custody of a Tyrant that hath dealt contrary to the Law with me as if he were Lord Paramount not onely ●o those that committed me but to the Law and Liberties of the People For a Prison in case I had been legally and righteously committed ought to be only for safe custody as the Lord Cook saith Prisons ought to be for keeping men safe to be tryed acco●ding t● the just Laws and Customs of the Land but not to punish or destroy them or to remain till the parties committing please as the illeg●ll Warrant by which I am committed shews his Exposition of the 26 Chap. of Ma●na Charta But here I am unjustly committed and uncapable of a tryall in a fair righteous and Nationall w●y I am onely a prisoner of lust since the 19. of March 1648 without cause in Law or Reason or Christianity for what is not a just cause in Law is no cause Rom. 4.15 Deut. 11.3.8 Num. 15.30 The judgment of M. Tho. Goodwin when he was banished to Amsterdam as I take it by the Bishop in his Book intituled The aggravations of sin and sin●ing against mercy and knowledge See your own pretended Agreement of the People in 4 5 or 6 particulars thereof pag. 23. wherein your faith and honour is lately ingaged which you have broken by your actions And indeed it is that which God did charge against Satan concerning Job cap. 2.3 And the Lord said unto Sathan c. Thou movedst me against him to destroy him without cause So that you may see See Ki●● Charle● his case 〈◊〉 11. conc●ning Si● Jo. Elio● that die● by crue● induranc● even you and the rest that committed me do imitate the Divel as M. Caryl sweetly treats upon the three first Chapters of Joh pag 131. against the arbitrary Courts Touch men in their Liberties by Imprisonment saith he in their Estates by vast Fines in their Names by disgrace in their Bodies by whipping and cutting in their Relation● by keeping all friends from sight of them and when those Courts and persons cam● to have their power and actions sc●●ned it was not moderating or rest●aining or regulating or limiting but they must down and be taken away Mercilesse m●n saith he think there is nothing done u●l●sse m n be undone they never give over touching till they come to ruining I hear that Cromwel or Ireton or both have sent a Letter to his Councel of State of very high language and designe concerning me but as M. Solici●or Cook said against the King The people should not live at the nod and beck of Tyrannicall men And the 10 page charges the King that the Kings wicked designe was to tear up the foundations of Government and Law that Law should be no protection to any mans person or estate But I value it not though I lament that his tyrannicall influence and power should have such extention upon the present Councels of both Nations I desire to wait upon the Lord of hosts the high and mighty God and my everlasting Father And I hear also that Ha●rison did tear his hair almost and gnash his teeth with indignation and en●ie at me for my last Book which is indeed a Book of the light of their excessive illegall Tyranny and cruelty unto me which kind of action was just like the Queens who when as it was reported the late King went to the House with an intention as it was bruited abroad to have murthered those members that stood in his way viz. The Lord Kymbolton M● Pym c. But Sir for such men to have influence upon you and the command of the Councels and power of the Kingdome will make you dishonour the Lord to your ruine and infamie to all g●nerations And as for Harrison● bitte● hatred of me I care not for it so long as the Lord loves me The actions of Tyranny and lust are sufficiently displayed by Mr Pym and Mr. St. J●hn against Strafford and indeed in the whole Scriptures of the high and mighty God and all rationall men such wicked m●n are judged to bee the cause of bloodie wars though they would turn it upon the innocent person that are their opposers and are under thei● horrible cruelty Therefore in my cruell bonds I cry out to you and to all my fellow S●uldiers and the good people of the Nation that are for righteousnesse justice and freedome from sl●very as I would against so many Murtherers that would set upon me in the high way Murther Murther Murther and I say Murther and if you and they doe intend to murther me I say as Christ said to that Apostate Judas What you doe do quickly for I am more willing to go to God my Father then to live with cruell men and see my native Country unde● lust and spoil Blame me not seeing I am so cruelly dealt with by those that have bin the highest Pretenders to righteousness in the World and I am sute I was used with far more civility and humanity from the late Kings party when I was their prisoner in pursuit of them at York fight then I am from you and your House for when they had gotten all I had from me they gave me good accommodation with them gratis though I did reason freely against their cause for the Parliament face to face viz. with Col. Tildesly and Lieutenant Colonel Ger●ard sometimes an hour togethe● but for your parts I have not had any of my Arreers from you though I moved your House to it no consideration of my dammages charges and losses by you and beyond my ability to bear losses in my horses since I came to prison one by death the others
by selling at under rates for half as much lesse as I might have had if my condition had not bin under Tyranny and I have not ●a● one jot allowance from you since my imprisonment and if I had not had a little of my own left and some affection from my friends you had had your and their murtherous ends long ere this SIR It is the pretence of cruell men to use the words of God of truth of righteousnesse but beleeve them not without actions I see we must all come to the actions of men if we would have peace and settlement by pretences and suggestions a lustfull man in power is a transcendent Impe of Sathan to hinder just things and prejudice the just as they reported of Christ That he was a seducer a winebibber a friend to Publicans and s●nners to take him away out of envy lust and fear that his light would take with all p●rties Wicked men meer Politicians and Statesmen hate light and G●d and Scripture amongst the People though they pretend never so much to it and therefore they keep Patriots close Prisoners and d●ny them Pen Ink and Paper and the society of friends ●nd they had rather release Barrabas then Christ light amongst the people is their to●ment and horrour and they would make or take any occasions to destroy them It is an evident sign of their wicked cause what ever their pretences a●e to ●he contrary 1. part of the Parliaments Declaration page 8 9 1● 11 12 13 16 As Hen. 3 did suppresse the Schools that were in his days to teach the People the knowledge of Magna Charta as Sir Edward Cook declares in the Proem to the second part of his Instit Wicked men hate and curs● the day of light and knowledge in the hearts of the People let the world judge of the actions of these d●yes The tyrannicall governour under whose hands I am denyes my friends accesse to me contrary to the Laws of the land beyond the commitment imprisoned two arbitrarily wickedly and illegally that came to see me according to the Liberties of England and that are faithfull to the Interest of justice to the People for ought I know nay I beleeve more faithfull then himself ●h●i● Names are Janes Harding and Robert Weaver also obstructed the fundamental right of the People in petitioning gives out that his wil is his Law and commanded a Petition from one Master John Church in this Town which was on foot The substance whereof was That Lieuten●nt C●lonel John Lilburn and the rest in the Tower might be less to the due course of the Law● c. And one of the Gove●nours creatures here in the Castle in the presence of Witnesses did declare that he could murther me and justifie it or words to that Effect If you and the House will not justifie the Governour in his actions I desire before the God of the Heavens and the Earth and the People that I may have Justice against him for such Tyrannicall practices are contrary to God nature Law and Scripture in whomsoever and by such Practises he may destroy the People of the Town here and Country at pleasure in their Liberties and Lives as for me if I must be murthered by you c. and by Whitchcock who for ought I know intends out of envie to murther me and to thinke to gain your favour thereby under whose illegall unrighteous and envious jurisdiction I am as if I were willing to be privie to my own death I should desire you then that it may be done quickly but I cast my self upon the Lord his excellency his justice his truth and faithfulnesse and when you have done it you can do it no more But I am committed by the words of the thing which some men call a Warrant and it is in generall termes to stifle the just rights of Appeal for justice and the words are viz. for printing the Book tending to mutiny in the Army and sedition in the People The Grandees had their politick tale at their fingers end only to shew you that generals are no crimes or Charges in Law Acts 25.27 John ● 51 The second Part of the Lord Cook● Instit fol 52 53 315 318 591 615 616. 1 part Book Declar. p. 3● 77 20● ●45 and the Votes upon the Impeachment of the 11. Members and Petition of Right the 3. C. R. The Act that abolished the Star-●hamber 17 C. ● The deliberate opinion of all the Judges of England the third yeer of King James in Answer to the 22. Objection of Archbp. Bancroft and the whole Clergi● and no Commoner of Engl. is to be restrained of his Liberty by Petition or Suggestion to the King or to his Councel or any unless it be by Indictment or presentment or good and lawfull men and he is not to loose life limbe liberty or estate but by a legall Tryall by a Grand jurie or Petty-jury of his Peers or equalls which the Lord Cook calls the ancient and undoubted right of an Englishman 5 Edw. 3. cap. 9. 25 Edw. 3. c. 4. 37 Edw. 3. c. 18. 38 Edw. 3 c. 9. 42 Edw. 3. c. 3. 11 R. 2. c. 6. 2 part of the Lord Cooks Instit fol. 46. Though there were a just Authoritie that committed me yet Legislators ought not to be Law Executors it hinders and obstructs justice in cases of finall appeal c. but in case of male administration of justice by any person or persons 14. 29. c of Magna Charta the Exposition upon them Second part of the L. Cooks Inst 29. 46. and Rol. Parl. 5 R. 2. num 45. and Rol. Parl. 5 Hen. 4. numb 14 numb 79. 5 H. 4 cap. 6. and 11 H. 6. cap. 11. and 23 H. 6. cap. 11 and 15. 4 H. 8. cap. 8. and 1.2 Phil. and Mar. cap. 10. 4 Part of Inst fol 25. and 1 part of the Book of Decl. p. 48 278. I cannot finde out one jota or Punctilio of law reason God nature Scripture faith or honour in the dealings with me I appeal to the People that are rationall and unbyassed By arbitrary power Fear Jealousie Lust wicked Policy and Ambition is Lord and Master and by it viz. the power of sword and lust they have murdered their deerest and neerest relations as Mahomet his wife the fair Irene as the History calls her in the presence of all his Officers cut off her head with his Cemiter in policy as he said to appease his Souldiers Mahomet strangled his young brother 18 months old and said It stood with the policy peace and safety of his State Solyman the cruell Tyrant his innocent son Mustapha because he was beloved of the Souldiers and the people and Mustaphaes son also The course of wicked Pharaoh Saul Herod Ahab Jezebel Kain and the world may speak as to our dayes and indeed the fear●ull and lamentable judgments of God and man have come upon Tyrants Policy Ambition and Envie are Divels incarnate yet are corrupt mens