Selected quad for the lemma: england_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
england_n france_n king_n swear_v 2,584 5 8.7846 4 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A88244 Regall tyrannie discovered: or, A discourse, shewing that all lawfull (approbational) instituted power by God amongst men, is by common agreement, and mutual consent. Which power (in the hands of whomsoever) ought alwayes to be exercised for the good, benefit, and welfare of the trusters, and never ought other wise to be administered: ... In which is also punctually declared, the tyrannie of the kings of England, from the dayes of William the invader and robber, and tyrant, alias the Conqueror, to this present King Charles, ... Out of which is drawn a discourse, occasioned by the tyrannie and injustice inflicted by the Lords, upon that stout-faithful-lover of his country, and constant sufferer for the liberties thereof, Lieut. Col. John Lilburn, now prisoner in the Tower. In which these 4. following positions are punctually handled ... Vnto which is annexed a little touch, upon some palbable miscarriages, of some rotten members of the House of Commons: which house, is the absolute sole lawmaking, and law-binding interest of England. Lilburne, John, 1614?-1657. 1647 (1647) Wing L2172; Thomason E370_12; ESTC R201291 90,580 119

There are 7 snippets containing the selected quad. | View lemmatised text

obtained saith Martin fol. 29. The Empresse with many honourable tryumphs and solemnities was received into the Cities of Circester Oxford Winchester and London but the Londoners desiring the restitution of King Edwards Lawes which she refused which proved her ruine and the restitution of King Stephen out of prison and to the Crown again and after some fresh bouts betwixt King Stephen and Duke Henry Mauds eldest Son a Peace was concluded betwixt them in a Parliament at Westminster and that Duke Henry should enjoy the Crown after King Stephen At the receiving of which he took the usuall oath and being like to have much work in France c. being held in thereby from all exorbitant courses he was therefore Wary to observe at first all meanes to get and retain the love and good opinion of this Kingdom by a regular and easie government and at Waldingford in Parliament saith Daniel fol. 80. made an act that both served his own turn and much eased the stomackes of his people which was the expulsion of strangers wherewith the Land was much pestered but afterwards was more with Becket the traytorly Arch-bishop of Canterbury And after him succeeds his Son Richard the first At the beginning of this mans Reigne a miserable massacre was of the Jewes in this Kingdom who went to the holy wars and was taken prisone by the Emperour as he came home of whom Daniel saith fol. 126. that he reigned 9 years and 9 moneths Wherein he exacted and consumed more of this Kingdome then all his Predecessours from the Norman had done before him and yet lesse deserved then any His brother Duke John being then beyond Seas with his Army was by the then Archbishop of Canterburies meanes endeavoured to be made King Who undertooke for him that he should restore unto them their Rights and govern the Kingdome as he ought with moderation and was thereupon after taking three oathes which were to love holy Church and preserve it from all Oppressours The Kings Oath to govern the State in justice and abolish bad Lawes not to assume this Royall honour but with full purpose to rerform that he had sworn Speed 534. crowned King And because the title was doubtfull in regard of Arthur the Posthumus Son of Geffery Duke of Brittain King Iohns eldest brother Speed fol. 532 he receives the Crown and Kingdome by way of election Daniel fol. 127. the Archbishop that crowned him in his Oration professing before the whole Assembly of the State That by all reason Divine and Humane none ought to succeed in the Kingdome but who should bee for the worthinesse of his vertues universally chosen by the State as was this man And yet notwithstanding all this he assumed power by his will and prerogative to impose three shillings upon every plough-land and also exacted great Fines of Offenders in his Forrests And afterwards summons the Farles and Barons of England to be presently ready with Horse and Arms to passe the Seas with him But they holding a conference together at Lecester by a generall consent send him word That unlesse he would render them their rights and liberties they would not attend him out of the Kingdome Which put him into a mighty rage but yet he went into France and there took his Nephew Arthur prisoner and put him to death by reason of which the Nobility of Britaigne Anjou and Poictou took Armes against him and summon him to answer at the Court of Justice of the King of France to whom they appeale Which he refusing is condemn●d to lose the Dutchy of Normandy which his Ancestors had held 300. yeares and all other his Provinces in France which he was accordingly the next yeare deposed of And in this disastrous estate ●aith Daniel fol. 130. he returnes into England ●nd charges the Earles and Barons with the reproaches of his l●sses in France and fines them by his Prerogative to pay the seventh part of all their goods for refusing his aid And after this going over into France to wras●le another fall was forced to a peace for two years and returnes into England for more supplies where by his will iust and prerogative he layes an imposition of the thirteenth part of all moveables and other goods both of the Clergie and Laitie who now saith Daniel seeing their substances consume and likely ever to be made liabl● to the Kings desperate courses began to cast about for the recovery of their ancient immunities which upon their former sufferance had been usurped by their late Kings And hence grew the beginning of a miserable breach between the King his people Which saith he folio 131. cost more adoe and more Noble blood then all the warres for raigne had done since the Conquest For this contention ceased not though it often had fair intermissions till the GREAT CHARTER made to keep the Beame right betwixt SOVERAIGNTY and SVBJECTION first obtained of this King JOHN in his 15. and 16. yeares of his yeares of his reigne and after of his sonne Henry the 3. in the 3. 8. 21. 36. 42. yeares of his reigne though observed truly of neither was in the maturity of a judiciall Prince Edward the first freely ratified Anno regni 27. 28. But I am confident that whosoever seriously and impartially readeth over the lives of King John and his sonne Henry the third will judge them Monsters rather then men Roaring Lions Ravening Wolves and salvadge Boares studying how to destroy and ruine the people rather then Magistrates to govern the people with justice and equity For as for King John he made nothing to take his Oath and immediatly to break it the common practice of Kings to grant Charters and Freedomes and when his turn was Consider compare and conclude served to annihilate them again and thereby and by his tyrannicall oppressions to embroyle the Kingdo●e in Warres Blood and all kind of miseries In selling and basely delivering up the Kingdome that was none of his own but the peoples as was decreed in the next Parliament Speed fol. 565. by laying down his CROWN Scepter Mantle Sword and Ring the Ensignes of his Royalty at the feet of Randulphus the Popes Agent delivering up therewithall the Kingdome of England to the Pope And hearing of the death of Geffery Fitz Peter one of the Patrons of the people rejoyced much and swore by the Feet of God That now at length he was King and Lord of England having a fre●r power to untie himselfe of those knots which his Oath had made to this great man against his will and to break all the Bonds of the late concluded peace with the people unto which he repented to have ever condescended And as Daniel folio 140. saith to shew the desperate malice this King and Tyrant who rather then not to have an absolute domination over his people to doe what he listed would be any thing himself● under any other that would but support him in his violences There is recorded an
Councellers hath now at last resolved to set up his royall Standard and draw his sword for the destruction and ruine of his most faithfull and obedient people whom by the lawes and constitutions of this Kingdome he is bound to preserve and protect Yea and in their answer sent to his Messenger from Nottingham August 25. 1642. pag. 580 They tell him plainly that though they have used all meanes possible to prevent the distractions of this Kingdome which have been not onely without successe but there hath followed that which no ill Councell in former times hath produced or any age hath seene namely those severall Proclamations and Declarations against both the Houses of Parliament whereby their actions are declared Treasonable and their persons Traytors and thereupon your Majesty hath set up your Standard against them whereby you have put the two Houses of Parliament and in them this whole Kingdome out of your protection and as I may truly say have thereupon virtually ceased to be King so that untill your Majesty shall recall those Proclamations and Declarations whereby the Earle of Essex and both Houses of Parliament and their adherents and assistants and such as have obeyed and execu●ed their commands and directions according to their duties are declared traytors or otherwise delinquents And un●ill the Standard set up in the pursuance of the said Proclamations be taken downe your Majesty hath put us into such a condition that whil'st we so remaine we cannot by the fundamentall priviledges of Parliament the publike trust reposed in us or with the generall good and safety of this Kingdome give your Majesty any other answer to this Message The same language they speake to him in their Petition pag. 584. And in their Message pag. 585. And in their Petition 587. And in their Declaration pag. 576 They say plainly that the King seduced by wicked Councell doth make warre against his Parliament and people And in their Petition sent by Sir Philip Stapleton to the Earle of Essex to be presented to His Majesty pag. 617. They say positively His Majesty warres against the Parliament and subjects of this Kingdome leading in his own person an Army against them as if he intended by conquest to establish an absolute and unlimitted power over them and by his power and the continuance of his presence have ransacked spoyled imprisoned murthered divers of his people yea and doth endeavour to bring over the Rebels of Ireland and other forces from beyond the Seas And in their Declaration and resolution after the King had proclaimed the Parliament and the Earle of Essex Traytors pag. 508. 509. They call that very Proclamation an attempt so desperate and so transcendently wicked that the Lords and Commons do unanimously publish and declare that all they who have advised contrived ab●●ted or countena●ced or hereafter shall abett and countenance the said Proclamation to be Traytors and enemies to GOD the King Kingdome and to be guilty of the highest degree of Treason that can be comitted against the King and Kingdome that they will by the assistance of Almighty God and of all honest English Protestants and lovers of their Country do their best endeavours even to the utmost hazard of their lives and fortunes to bring all such unparalleld traytors to a speedy and exemplary punishment Be sure you be as good as your word for GOD of all villians abhors faith-breakers and take he●d by your actions and treatyes with the unjust and false King Charles one of the Monsters of the earth you do not give a just and visible cause of ground not onely to all rationall men in England but in the world that knowes reades and understands your often solemn sworne Oathes vowes Protestations and ingagements to judge you a forsworne false and perjured Generation and fit to be abhorred of GOD and all good men for to speake truth and right Hath not Charles Stewart committed treason against King Charles sure I am he hath done it against the KINGDOME of ENGLAND and that I prove by your own grounds thus The Proclamation that you so much cry out of comes out in his name and stile pag. 503. 404. 406. 507. And therefore his Ergo. For he ownes his own Proclamations and Declarations and jeeres you for a company of simpletons for declaring it otherwise His words pag. 248. are All our answers and Declarations have been and are owned by us and have been attested under our hands if any other had been published in our name and without our authority It would be easy for both Houses of Parliament to discover and apprehend the Authors And we wish that whosoever was trusted with the drawing and penning of that Declaration namely the Parliaments dated 19 of May 1642. had not more authority or cunning to impose upon or deceive a major part of those votes by which it passed then any man hath to prevaile with us to publish in our name any thing but the s●nce and resolution of our own heart And since this new device is found out in stead of answering our reasons or satisfying our just demandes to blast our Declarations and answers as if they were not our own a bold senselesse imputation we are sure that every answer and Declaration published by us is much more our own then any one of those bold threatning and reproachfull Petitions and remonstrances are the acts of either or both houses Y●a and as if all this were not enough to be done by a trust sufficiently for ever to declare the forfeiting of his trust and Kingly Office the King himself hath caused the Iewels of the Crown to be pawned to buy instruments of warre to butcher and murther his people who never gave him any power and authority for any other end but to protect defend and preserve them neither did he ever in his life injoy any other power either from God or man but for that end yet in his speech to the people of SALOP he declares he will melt down all his own Plate and expose all his land to sale or morgage though it be none of his but the Kingdom●s that so he may the faster cut the throats and shed the innocent blood of those his brethren that betrusted him with all he had or hath for their good and welfare Yet to fillup the measure of his iniquity he not his evill counsellors hath given Commission to his Commissioners of Array Sheriffes Mayors Justices Bailiffes or any other whatsoever to raise Force and to kill and slay all such as should hinder the EXECVTION of his Royall command or put the Ordinance of Militia though it were for their own preservation in Execution pag. 581. And the same bloody murdering Commissions he hath given to his Instruments in Scotland Ireland to Butcher destroy and ruinate the people there So that to sum up all the Parliament told him plainly in their late letter sent to him at Oxford That he was guilty of all the innocent blood
tyrannized over your Petitioners husband they command as your Petitioner is informed Mr. Sergeant Finch Mr. Hearn Mr. Hale and Mr. Glover to draw up a Charge against your Petitioners husband without giving him the least notice in the world of it to fit himself against the day of his tryall but contrary to all law justice and conscience dealt worse with him then ever the Star-chamber did not only in keeping his Lawyers from him but even all maner of Councellors Friends whatsoever even at that time when they were about to try him and then of a sudden send a Warrant for him to come to their Bar who had no legall authrity over him to hear his charge read where he found the Earle of Manchester his professed enemy and the only party of a Lord concerned in the businesse to be his chief Judge contrary to that just Maxime of law That no man ought to be both party judge a practice which the unjust Star-chamber it self in the days of its tyranny did blush at and refuse to practise as was often seen in the Lord Coventries case c. And without any regard to the Earl of Manchesters impeachment in your House of treachery to his countrey by L. Gen. Cromwel which is commonly reported to be punctually and fully proved a charge of a higher nature then the Earl of Strafford for which he lost his head And which also renders him so long as he stands so impeached uncapable in any sense of being a Judge And a great wrong and injustice it is to the kingdome to permit him and to himself if innocent not to have had a legall tryall ere this to his justificat●on or condemnation And besides all this because your Petitioners husband stood to his appeal to your Honours and would not betray Englands liberties which you have all of you sworn to preserve maintain and defend they most arbitrarily illegally and tyrannically sentenced your Petitioners said husband to pay 4000. l. to the King not to the State for ever to be uncapable to beare any Office in Church or Common-wealth either Martiall or Civill and to lie 7. years a prisoner in the extraordinary chargeable prison of the Tower where he is in many particulars illegally dealt withall as he was when he was in Newgate Now forasmuch as the Lords as they claim themselves to bee a House of Peers have no legall judgement about Commoners that your Petitioner can heare of but what is expressed in the Statute of the 14. Ed. 35. which are delayes of justice or error in iudgement in inferior Courts only and that with such limitations and qualifications as are there expressed which are that there shall be one Bishop at least in the judgement an expresse Cōmission from the King for their medling with it All which was wanting in the case of your Petitioners husband being begun and ended by themselves alone And also seeing that by the 29 of Magna Charta your Petitioners husband or any other Commoner whatsoever in criminall cases are not to be tried otherwise then by their Peers which Sir Ed Co●k in his exposition of Magna Charta which book is printed by your own speciall authority saith is meant equals fol. 28. In which saith he fol. 29. are comprized Knights Esqu●res Gentlemen Citizens Y●ome● Burgesses of severall degrees but no Lords of Parliament And in p. 46. he saith No man shall be disseised that is put out of seison or dispossessed of his freehold that is saith he lands or livelihood or of his liberties or free customes that is of such franchises and freedoms and free customes as belong to him by his fre● Birth-right unlesse it be by the lawfull judgement that is verdict of his Equa●s that is saith he of men of his own condion or by the law of the land ●h●t is to speak it once for all By the due course processe of law Au saith he 〈◊〉 man shall be in any sort destroyed unlesse it be by the ve dict and judgement of his Peers that is eq●als ●r by the law of the land And the Lords themselves in old time did truly confesse That for them to give judgement of a Commoner in a criminall case is contrary to law as is clear by the Parliaments record in the case of Sir Simon d' Bereford 4. Ed. 3. Rot. 2. the true copy of which is in the hands of M. H. Mart●n they there record it That his case who was condemned by them for murdering King Edw. 2. shal not be drawn in future time into president because it was contrary to law they being not his Peers that is his Equals And forasmuch as the maner of their proceedings was contrary to all the former ways of the law publickly established by Parliament in this kingdom as appears by severall Statutes o o 5. Ed. 3. 5. 25. Ed. 3. 4. 28. E. 3. 3. 37. Ed. 3. 8. 38 Ed. 3. 9. 42 Ed. 3. 3. 17 Ri 2. 6. Rot. Parl. 43. E. 3. Sir lo. Alces case num 21 22 23 c. lib. 20. fol. 74. In case declar Marshalses ●ee Cook 2. part Instit fol. 464 which expresly say That none shall be imprisoned no● put out of his free-hold nor of his franchises nor free customes unless it be by the law of the land and that none shall be taken by Petition or suggestion made to the King or to his Councel unlesse it be by indictment or presentment of good and lawfull people of the same neighborhood where such deeds be done in due manner or by processe made or by Writ original at the common-law Which Statutes are nominally and expresly confirmed by the Petition of Right by the Act made this present Parliament for the abolishing the Star-chamber and thereby all acts repealed that formerly were made in derogation of them But contrary hereunto the Lords like those wicked Justices spoken of by Sir Ed. Cook p p Pat. Instit 51. in stead of trying her husband by the law of the land proceed against him by a partiall tryall flowing from their arbitrary will pleasure and discretion c. * For though they summoned him up to their Bar June 10. 1646. Rot. part 2. 1. H. 4. mem 2. num 1. 27. Instit f. 51. Book declar 58 39 278 845. to answer a Charge yet they refused to shew it him or give him a Copy of it but committed him to Newgate Iune 11. 1646 although he behaved himself then with respect towards them both in word and gesture meerly for refusing to answer to their Spanish Inquisition-like Interrogatories and for delivering his legall Protestation Their Mittimus being as illegall as their summoning of him and their own proceedings with him Their commitment running To be kept there not till he be delivered by due course of Law but During their pleasure which Sir Edw. Cooke saith is illegall q q 2 part instit fol. 52 53. and then locked up close
vertue of their being the Sons of prerogative Lords Earles Dukes or Barrons Now if you please to reade the Chronicles of this Kingdome you shall find that this thing called prerogative flowes meerly from the wills and pleasures of Robbers Rogues and The●ves by vertue of which they made Dukes Earles Barrons and Lords of their fellow Robbers Rog●es and Theeves the lineall issue and progeny of which the present House of Peers are having no better right nor title to their present pretended judicature then meer and absolute usurpation and the will and pleasures of the potent and enslaving Tyrants alias Kings of this Kingdome for I read in Speeds Chronicle pag. 413. 416. 417. and in Daniel pag. 27. 28. That the Normans in France came antiently of a mixt people from the Norwegians Swedens Danes practising practises upon the Coasts of Belgia Frizia England Ireland and France and proceeded in their hardy and wicked courses even to the Mediterranean Sea● which drove the French to such extremity that King Charles the bald was forced to give unto Hasting a Norman Arch-Pirate the Earldome of Charters to aslwage his fury exercised upon his people and also King Charles the Grosse granted unto Godfrey the Norman part of Newstria with his Daughter in Mariage yet all this sufficed not but that the Normans by force of Armes seated themselves neere unto the mouth of S●in taking all for their own that lay comprised betwixt that River and the River Loyre which Country afterwards took the name of Normandy from those Northern guests at which time King Charles the simple confirmed it unto Rollo their Captaine and gave unto him his Daughter Gilla in Mariage which Rollo with divers misdoers and outlawed men were forced to flye out of their own Country which Rollo of the Danishrace was the first Duke of Normandy whose Son William was the second Duke of Normandy and Richard his Sonne was the third Duke of that Country And his Sonne Richard the second was the fourth Duke thereof And Richard the third his Sonne was the fifth Duke of Normandy And Robert his brother and Sonne to Richard the second was ●he sixth Duke of Normandy who was Father to our William the Conqueror who was the seventh Duke of Normandy whom Duke Robert begat of one Arle● or Arlet●ce a whore and a mean woman of Phalisi● in Normandy who was the Daughter of a Skinner being resolved to go visite the holy Sepulcher having no more Sonnes but William his bastard he calles his Nobility together and tells them In case I dy in my journey as he did I have a little Bastard of whose worthinesse I have great hope and I doubt not but he is of my begetting him will I invest in my Dutchie as mine heire and from thenceforth I pray you take him for your Lord which they did And this Bastard in his youth having many sharp bouts and bickerings with Roger de Tresny and William Earle of Arques brother to Duke Robert and Sonne to Richard the second c. who lay claime to the Dutchie as right and true heires to it but William the Bastard being too hard for them all and by these wars grew to great experience in fea●es of Armes which with his marying of Matild the Daughter of Baldw●n the fifth Earle of Flanders a man of great might and power provoked the French King to fall upon him to abate his greatnesse and curbe his pride but bastard William twice defeating two powerfull Armies of the King● with great overthrowes broke the heart of the King of France which gave the bastard Duke of Normondy joyfull peace in which calme the King makes a journey over into England to visite King Edward the Confessor his kinsman who had had his breeding in Normandy by Duke Richard the second the bastards Grandfather And after his returne back againe St. Edward the King of England dyeth Whereupon William the bastard busieth his thoughts how to obtaine the Crowne and Scepter of England unto which he makes certaine pretended claimes as being granted unto him by King Edward which was but a weake pretence as King Harold in his answer to him informes him Speed 404. telling him that Edward himselfe coming in by election and not by any title of inheritance his promise was of novalidity for how could he give that wherein he was not interessed And though William the bastard urgeth to Harol his Oath given him i● Normandy yet he answered his Embassadour that his Masters demand was unjust for that an Oath extorted in time of extremity cannot binde the maker in Conscience to performe i● for that were to joyne one sin to another and that this O●th was taken for ●eare of death and imprisonment the Duke himselfe well knew but said he admit it was voluntary and without feare could I then a Subject without the allowance of the ●ing and the whole State give away the Crownes Success●● to the prejudice of both Speed fol. 403. 404. But although the bastard Duke had no better claime but this which was worth just nothing at all Reade before pag. 20. 21. 24. 27. 28 3● 60. 61. Yet notwithstanding William the bastard p●rleveres in his proud wicked and bloody intentions and calses an Assembly of the States of Normandy together and with importunate solicitations solicits them to supply him with money the very sinews of war to carry on his intended invasion of England but they unanimously refuse and decline it At length seeing this prottaction and difficulty in general he deals with his deerest and most trusty friends in particular being such as he knew affected the glory of action and would adventure their whole estates with him As William Fitz-Auber Count de Bretteville Gualtaer Gifford Earle Longueville Roger de Beaumont with others especially his own brothers by the mother whom he had made great as Odo Bishop of Baynox and Robert Earle of Mortaign and unto these he shewed his pretended right and hope of England wherein prefe●ment lay even to the meanest amongst them onely money was the want which they might spare neither should that be given nor lent without a plentiful increase With such faire words he drew them so on that they strove who should give most And by this policie he gathered such a masse of money as was sufficient to defray the warre And not onely wan he the people of his own Provinces to undertake this action but drew by his faire perswasions and large promises most of the greatest Princes and Nobles of France to adventure their persons and much of their estates with him as Robert Fitz-Harrays Duke of Orleance the Earles of Brittaigne Ponthieu Botogne Poictcu Maine Nevers Hi●fins Aumal le Signieur de Tours and even his mortall enemy Martel Earle of Anjou became to be as forward as any Besides to amuze the Court of France and dazzle a young Prince then King he promised faithfully if he conquered this Kingdome to hold it of him as he did
Knaves Fooles Tyrants or Monopolizers or unjust wretched persons that must of necessity have their Prerogative to rule over all their wickednesses Secondly Observe from hence from what a pure Fountain our inslaving Lawes Judges and Practises in Westminster Hall had their originall namely from the will of a Conqueror and Tyrant for I find no mention in History of such Iudges Westminster Hall Courts and such French u●godly proceedings as these untill his dayes the burthen of which in many particulars to this day lies upon us But in the 21. of this Tyrants reigne After that the captivated Natives had made many struglings for their liberties and he having alwayes suppressed them and made himself absolute He began saith Daniel fol. 43. to govern all by the customes of Normandy whereupon the agrieved Lords and sad People of England tender their humble Petition beseeching him in regard of his Oath made at his Coronation and by the soule of St. Edward from whom he had the Crown and Kingdome under whose Lawes they were born and bred that he would not adde that misery to deliver them up to be judged by a strange Law wh●●h they underst●●d no● A●d saith he so earnestly they w●ought that he was pleased to confirme that by his Charter which he had twice ●ore-prom●●d by ●is Oath And gave commandment unto his I●stitiaries to see those Lawes of St. Edward to be invi●lably observed th●ough u● the Kingdome And yet notwithstanding this co●firmatio● 〈◊〉 the C●●r●ers afterward granted by Henry the secon● ●nd King Iohn to the same effect There followed a great Innovation b●th in Lawes and Government in England so that this seemes rather to h●ve b●en done to acquit the people with a shew of the confi●mation of their antient Customes and liberties then that they enjoyed them inessect For whereas before those Lawes they had were written in their tongue i●telligible unto all Now they are tra●slated into Latine and French And whereas the Causes of the Kingdome were before determined in every Shire And by a Law of King Edward s●nior all matters in question should upon speciall penalty w●tk●ut ●urther deferment be finally decided in their Gemote or Conventions held monethly in every Hundred A MOST GALLAN● LAW But he ●et up his ●udges four times a yeare where he thought good to he●● their Causes Again before his Conquest the inheritances descended not alone but after the Germane manner equally divided to all the children which he also altered And after this King alias Tyrant had a cruell and troublesome raign his own Son Robert rebelling against him yea saith Speed fol. 430. all things degenerated so in his cruell dayes that t●me and domestick● fowles as Hens Geese Peacocks and the like fled into the Forrests and Woods and became very wild in imitation of men But when he was dead his Favourites would not spend their pains to bury him and scarce could there be a grave procured to lay him in See Speed fol. 434. and Daniel fol. 50. and Martin fol. 8. WILLIAM THE SECOND to cheat and cosen his eldest brother Robert of the Crown granted relaxation of tribute with other releevements of their dolencies and restored them to the former freedome of hunting in all his Woods and Forrests Daniel fol. 53. And this was all worth the mentioning which they got in his dayes And then comes his brother Henry the first to the Crown and he also stepping in before Robert the eldest brother and the first actions of his government tended all to bate the people and suger their subjection as his Predecessour upon the like imposition had done but with more moderation and advisednesse for he not only pleaseth them in their releevement but in their passion by punishing the chiefe Ministers of their exactions and expelling from his Courtall dissolute persons and eased the people of their Impositions and restored them to their lights in in the night c. but having got his ends effected just tyrant-like he stands upon his Prerogative that is his will and lust but being full of turmoiles as all such men are his Son the young Prince the only hope of all the Norman race was at Sea with many more great ones drowned after which he is said never to have been seen to laugh and having besides this great losse many troubles abroad and being desirous to settle the Kingdome upon his daughter Maud the Empresse then the wife of Coffery Plantaginet in the 15. year of his reign he begins to call a Parliament being the first after the Conquest for that saith Dan. fol. 66. he would not wrest any thing by an imperiall power from the Kingdome which might breed Ulcers of dangerous nature he took a course to obtain their free consents to observe his occasion in their generall Assemblies of the three Estates of the Land which he convocated at Salisbury and yet notwithstanding by his prerogative resumed the liberty of hunting in his Forrests which took up much faire ground in England and he laid great penalties upon those that should kill his Deere But in this Henry the first ended the Norman race till Henry the second For although Henry the first had in Parliament caused the Lords of this Land to swear to his Daughter Maud and her Heires to acknowledge them as the right Inheritors of the Crown Yet the State elected and invested in the Crown of England within 30. dayes aftter the death of Henry Stephen Earle of Bolloign and Montague Son of Stephen Earl of Blois having no title at all to the Crown but by meer election was advanced to it The Choosers being induced to make choice of him having an opinion that by preferring one whose title was least it would make his obligation the more to them and so they might stand better secured of their liberties then under such a one as might presume of a hereditary succession And being crowned and in possession of his Kingdome hee assembleth a Parliament at Oxford wherein hee restored to the Clergie all their former liberties and freed the Laity from their tributes exactions or whatsoever grievances oppressed them confirming the same by his Charter which faithfully to observe hee took a publike Oath before all the Assembly where likewise the BBs swore fealty to him but with this condition saith Daniel folio 69. SO LONG AS HE OBSERVED THE TENOVR OF THIS CHARTER And Speed in his Chronicle fol. 468. saith that the Lay-Barons made use also of this polici● which I say is justice and honesty as appeareth by Robert Earl of Glocester who swore to be true Liege-man to the King AS LONG AS THE KING WOVLD PRESERVE TO HIM HIS DIGNITIES AND KEEPE ALL COVENANTS But little quiet the Kingdome had for rebellions and troubles dayly arose by the friends of Maud the Empresse who came into England and his Associates pitching a field with him where he fought most stoutly but being there taken hee was sent prisoner to Bristell And after this Victory thus
Sons might in regard of that large promise that was made to David that his Sons should sit upon the Regall Throne for many Generations Again the King page 443. ingages to maintain the Priviledges of Parliament as far as ever any of his Predecessours did and as farre as may stand with that Justice which he owes to his Crown which what that is I have before declared and is very fully declared in that Oath which he himself hath taken page 291. although it fail and is very short of that he ought by law and right to take so that now I have fully proved I am confident of it without any starting hole left for contradiction That the King receives his Crown by contract and agreement unto which by Law and Right he is bound and tied I thought to have here inserted some excellent passages for the further illustration of the Position out of the first and second parts of the Observations and a late Book called Maximes unfolded But in regard I have I am afraid been over-tedious already I will refer you to the bookes themselves or in case they be hard to come by to that abridgment of the marrow of them which you shall finde in an excellent and rationall Discourse of Mr. Lilburns against those Vipers and grand Enemies to the Liberties of England the monopolizing Merchants in his Book called Innocenciè and Truth justified page 57 58 59 60 61. I come now to the last branch of the minor Proposition which is THAT KING CHARLES HATH BROKEN HIS CONTRACT AND AGREEMENT And for the proofe of this I must lay downe this assertion That the Parliament is the only proper competent legall supreame Judge of this as well as of all other the Great Affaires of the Kingdom ●s is before largely proved And for further illustration reade Book Declar. pag. 100 112 171 172 170 202 693 716. Now in the next place let us consider what the Parliament in their publike Declaration say of the King who confesses himself as well as the Parliament asserts and proves it that his Oath taken at his Coronation tyes him to raigne and govern according to Law Yet whosoever seriously reades over the first Petition and remonstrance of the State representative of England commonly called the House of Commons who onely and alone have and ought to have that title Pag. 264. 336. 508. 613. 628. 654. 655. 703. 705. 711. 724. 725. 726. 728. 729. 730. The House of Peers being meer usurpers and inchroachers and were never intrusted by the people who under God the fountaine and Well-spring of all just power as well legislative as other with any legislative power who meerly sit by the Kings prerogative which is a meer bable and shaddow and in truth in substance is nothing at all there being no Law-making-power in himselfe but meerly and onely at the most a Law-executing-power who by his Coronation Oath that he hath taken or ought to have taken is bound to passe and assent to all such Lawes as his people or Commons shall chuse as is largely by the forecited Declarations of the Parliament proved Now if he have not a legislative power in himselfe as the Lords themselves by joyning with the Commons in their Votes and Declarations do truly confesse and notably prove how is it possible for him to give that to them which is not inherent in himselfe Or how can they without palpable usurpation claime and exercise a Law-making-power derivatively from the King alone when he hath none in himselfe which they themselves confesse and prove wherefore how can the House of Commons the representative body of England without willfull perjury having so often sworne to maintaine the Liberties of England and without being notoriously guilty of Treason to themselves and others and all those that chuse them and trusted them suffer the Lords to continue in their execution of their usurpations many times to the palpable hazard y●a almost utter ruin of the Kingdome by their denial thwar●ing and crossing of those things that evidently tends to the preservation of the whole Kingdome and by their pretended leg slative power destroy whole families and fill the Jayles of Londm at their pleasure contrary to Law and right with COMMONS with whom they have nothing to do without being controled by the Truste●s of the people the HOUSE of COMMONS although they be legally appealed to for that end witnesse Mr. L●lburne Mr. Staveley prisoner in the Fleete Mr. Learner for himselfe and servants M● Overton c. to their everlasting sh●●● and disg●ace b●●● spoken Oh therefore awake awake and 〈◊〉 with strength and resolution ye chosen and betrusted ones of England the earthly arme strength thereof and free your Masters and betrusters the whole State of England from those invading ●●urping Tyra●●●call Lords Bondage and Thraldoms lest to your shame they do it themselves and serve them as they did the Bishops for preservation your selves siy is just Pag. 44. 150. 207. 496. 637 72● 226. and is as antient a Law as any is in the Ki●gd●m pag. 207. And you have also the 17. Aprill last declared that you wil● suffer no arbitrary tyrannicall power to be exercised over the freemen of England but the Lords do it therefore if ye be true and just men such who would be believed and trusted do as you say before the Lords by their plots with the enemies of the freedoms of England such as wicked English and Scots Lords and other prerogative Courtiers and corrupt Clergy and patentee Monopolizers and contentious wrangling jang●ing and pety fogging Lawyers and by their own impudent and uncontrouled injustice imbroyle this Kingdome in a second warre they and their associates and confederates having been the cause of the by-past warres not for any love to the Liberties of England though that was their pretence but meerly out of malice to the raigning and ruling party at Court whose utmost desire was to unhorse them that so they might get up into the saddle and ride raigne and rule like Tyrants themselves they loving at this very day the King-Prerogative Tyranny and oppression as dearly as any of these at Court which they complained of witnesse their dayly actions and the actions of all their fore-mentioned faction which is lively haracterised in a late Discourse called A Remonstrance of many th●usand Citizens and other Free-born People of England to their owne House of Commons and will more fully be laid open shortly in the second part of it But if the Lords think they are wronged by this digression and that their right to their Legislative power is better then is here declared I desire their Lordships or any other for them to let the Kingdome know what better right they have to sit in Parliament then the old Popish Abbots had that are long since as Incrochers abolished Or then the Bishops or the Popish Lords that are lately defunct do Sure I am the right they had was as good as any their
Feb. 12. 1645. in the annihilating his unjust Sentence in the Star-Chamber Reade his printed Relation thereof page 1 2 ● and the last Which forced him to deliver in at their Bar his legall and just Plea and Protestation against their usurping jurisdiction over Commoners which you may reade in The Freemans freedome vindicated page 5. 6. Vpon which they commanded himto withdraw and then pag. 7. make an Order to commit him in these words Die Jovis 11. June 1646. IT is this day ordered by the Lords in Parliament assembled That Lieut. Col. John Lilburn shall stand committed to the Prison of Newgate for exhibiting to this House a scandalous and contemptnous Paper it being delivered by himselfe at the Barre this day And that the Keeper of the said Prison shall keepe him safely untill the pleasure of this House be further signified and this to be a sufficient Warrant in that behalfe John Brown Cler. Parl. To the Gentleman-Usher of this House or his Deputy to be delivered to the Keeper of Newgate I cannot hear that he either at this time misbehaved himself either in word or gesture towards them but gave them as much respect at this time as if he had been one of their own Creatures But away to Newgate he goes and Iune 16. 1646. directs his appeale to the Honurable House of Commons which you may read in the fore-mentioned booke pag. 9 10 11. Which appeale the House of Commons read approved of and committed to a sp●ciall Committee which Committee met and examined his businesse and as I am informed from very good hands made a vote to this eff●ct That his proceedings with and protestations against the Lords delivered at their barre and his appeale to the House of Commons was just and legall which they in justice ought to beare him out in which Report Collonel Henry Marti● that couraragious and faithfull Patrio● of his Country as Chairman of that Committee is to report to the House But immediately after the reading of this Appeale to the House out comes the fore-mentioned booke in prynt which it seemes did somthing startle the Lords who had let him lie quietly in Newgate till then without so much as sending him the Copy of any charge But upon this they send a Warran● againe for him which as I finde it in the 4. page of the Just man in Bonds thus followeth Die Lunae 22. Junii 1646 ORdered by the Lords in Parliament assembled that Lieutenant Collonel Iohn Lilburne now a prisoner in Newgate shall be brought before their Lordships in the High Court of Parliament to morrow morning by 10. of the clock and this to be a f●ffici●●● Warrant in that behalfe Iohn Browne Cler. Parl. To the Gentleman Usher of this House or his Deputy to be delivered to the Keeper of Newgate or his Deputy And accordingly the next day Lieutenant Collonel Lilbur●● was brought up to their barre and being called into the House was commanded to kneele which he refused to do for what reasons he is best able ●● declare which I hope he will not faile to do assoone as he enjoyes the liberty and priviledge to have pen inke and paper which by law he cannot be debarred of neither can it justly be denyed to the greatest Traytor in England And surely the Lords give a cleere demonstration to the whole Kingdome to judge that their own consciences tell them that he is an honest and a just man and their dealing with him is base wicked illegall and unjust that they dare not suffer him to enjoy pen inke and paper to declare the truth of his cause to the world which they have most unjustly and unrighteously kept from him by speciall Order for above three moneths together So that by the paw a man may judge of the whole body that is to say by their Lordships dealing with him a wise man may easily see what they would do to all the Freemen of England if their power were answerable to their wills which would be to make them as great slaves as the Pesants in France are who enjoy propriety neither in life liberty nor estate if they did not make us as absolute vassals as the poore Turks are to the Grand Seigneour whose lives and estates he takes away from the greatest of them when he pleaseth Therefore O all ye Commons of England marke well and eye with the eye of Jealousie these Lords the sons of pride and tyranny And not onely them but all their associats or Creatures especially in the House of Commons if any such be there for assure your selves enemies they are and will be to your liberties and freedoms what ever their specious pretences are to the contrary it being a Maxim in nature that every like begets its like Therefore trust them not no more then you would do a Fox with a Goose or a devoureing Wolfe with a harmelesse Lambe what ever they say or sweare having so palpably and visibly in the case of Mr. Lilburne broken all their Oathes Protestations Vowes and Declarations to maintaine the Lawes of the Land and the Liberties of ●he People But let us returne to their 2. summoning him to their Barre who being commanded to kneele refused and withou● any more discourse or so much as shewing him any legal charge they Commanded him to withdraw and for this cause alone he behaving himselfe this time also respectively enough saving in the Ceremony of kneeling they commit him close prisoner to Newgate A true Copy of their Warrant thus followeth Die Martis 23. Junii 1646. ORdered by the Lords in Parliament assembled that Iohn Lilburne shall stand Committed close prisoner in the Prison of Newgate and that he be not permitted to have pen inke or paper and none shall have accesse unto him in any kinde but onely his Keeper untill this Court do take further Order To the Keeper of Newgate his Deputy or Deputies Iohn Browne Cler. Parl. Exam. per Rad. Brisco● Cler. de Newgate And so from this 23. of June to the 11. of July then ensuing he was locked up close and neither his Wife Children Servants Friends Lawyers or Councellers permitted to have accesse unto him nor they never sent him word what they intended to do And all this while the Lords are picking matter against him having none it seemes when they first summ●ned him to their barre to grownd the least pretence or shaddow of a Charge against him and knowing his resolution to stand to his liberties they lay provocations upon him cōmit one act of injustice with a high hand upon the neck of another to provoke him to let some words fall or do some actions to en●nare himselfe that so they might have some coulor for their fu●ure proceedings with him And divers bookes coming out in his behalfe by some as it seemes who wished him well which to the purpose nettles the Lords for their cruelty towards him Serieant Finch as one of his Majesties Councel preferrs certaine Articles against