wâ—â—ch brought the curse uâ—on him and all his Posterâ—cy that he was not content with the stâ—tion aâ—d condition that God creaâ—ed him in but did asoâ—re unto a bâ—tter and more excellent namely to belike his Creator which proved his ruine yea and indeed hâ—d been the eveâ—lâ—sting rainâ— destruction of him and all his had not GOD bâ—en the more merciâ—ull uâ—to him in the promised Messiah Gen. Chap. 3. Now for the government of England It hath been by custome principally and for the most part by the tyrannicall usurpation of a King and therefore it will be requisiâ—e to search inâ—o the Scripture and see whether ever GOD approbationally instâ—tuted it or onely permissively suffered it to be as he doâ—h all the other evils and wickednesse in the world and for the better understanding of this It is requisite to remember that we find in Scripture That GOD was not only Israels husband and did perform all the offices of a loving husband in his sweet and cordiall embracements of her and loving dispensations to her but also he was her KING himself to â—aign and rule over her and to protect and defend her and being the Lord Almighty and knowing all things past present and to come knew well that Israel would be forgetfull of all his kindnesse and though he had chosen them out of all the world in a speciall manner to be his peculiar ones yet they would forsake him and desire to be like the World And Moses declares thus much of them after they had enjoyed the good things of God in abundance But Jesurun waxed fat and kicked Thou art waxed fat tâ—ou arâ— grown thicke thou art covered with fatnesse then he forsook God which made him and lightly esteemed the Rock of his salvation Deut. 32. 15. And therefore they knowing that when he possessed the Land of Canaan they would reject him and desire a King like all the rest of â—he Heathens and Pagans to reign over them Yet they being dear unto him he would not wholly reject them but gave them a Law for the chusing of a King and his behaviour which we find in Deuâ— 17. 14 15 16 17 18 19 20 in these words When thou art â—ome into the Lanâ— wâ—â—ch Jehovah thy God giveth thee and shalt possesse it and shalt dwell therein and shalt say I will set a King over me like as all the Nations that aâ—e about me Thâ—u shâ—lt in any wise set him King over thee whom Jehovah thy God shall chuse one from among thy Brethren shalt thou set King over thee Thou mayst not set a stranger over thee which is not thy brother But he shall not multiply horses to himsâ—lf nor cause the people to retuâ—n to Egypt that is to bondage or slavery to the end thâ—t he should multiply horses Foâ—asmuch as Jehovah hath said untâ— yâ—u Ye shall henceforth return no morâ— that way that is to say â— shall be no mâ—re slaves Neither shall he multiply â—ivâ—s to himself that his heart turn not away neither shall â—â— gâ—eâ—tly multiply to himselâ— silver and Gold And it shâ—ll be when he sitteth â—pon the â—â—hrone of his Kingâ—om that he shall write him a Copy of this Law in a Book on of that which is before the Priests the Levites And it shall be with him and he shall reade therein all the dayes of his lifâ— that he may learn to feare Jehovah his God to keepe all the words of this Law and thâ—se Statutes and do them That his heart be not listed up above his Brethren and that he turn not aside from the Commandement to the right hand or to the left to the end that he may prolong his dayes in his Kingdome he and his children in the middest of Israel So that to me it is very cleer that all Government whatsoever ought to be by mutuall consent and agreement and that no Governour Officer King or Magistrate ought to be betrusted with such a Power â—s inables him when he pleaseth to destroy those that trust him Aâ—d wickedness in the highest it is for any King c. to raign and govern by â—is Prerogative that is to say by his will and pleasure and as great wickednesse it is for any sort of men to sufâ—â—r him so to do For the proofe of this I lay down my Argumenâ— thus and we will apply it to the King of England in perticular He that is not GOD but a meer man cannot make his will a rule and law unto himself and others But Charles Stewart alias Charles Rex is not God but a meer man Ergo he cannot make his Will a rule and Law unto himselfe or to the people of England Secondly He that by contract and agreement receives a Crowne or Kingdome is bound to that contract and agreement the violating of which absolves and dâ—singages those that made it from him But King Charles received His Crowne and Kingdome by a contract and agreement and hath broken His contract and agreement Ergo. c. Now for the clearing of the first proposition it is confest by all that are not meer Athists That GOD alone rules and governs by his Will and that therefore things are legall just and good Because GOD wills them to be so And therefore all men whatsoever must and ought to be ruled by the Law of GOD which in a great part is engraven in Nature and demonstrated by Reason As for instance It is an instinct in Nature that there is a GOD Rom. 1. or a mighty incomprehensible power And therefore it is rationall that we should not make Gods unto our selves and this is the pith of the first Commandement Nature telling me There is a God And therefore secondly its rationall he only should be worshipped served and odored and that 's the marrow of the second Commandement And in the third place seeing nature tells me there is a GOD reason dâ—ctâ—â—â—s unto me that I should speak reverently and honourably of hâ—m And this is the sumâ—e of the third Commandement Fouâ—thly Nature dictating to me there is a GOD. It is rationaâ—l I should â—et some time apart to do him homage and service And seeing the inâ—â—â—â—ct of Nature causes me to look upon him as a Soveraign over me â—s but rationall haâ— he should appoint a Law unto me for the matter manner and time of his worship and service and this is the substance of the fourth Commandement Again seeing nature teacheth me to defâ—â—d my self and preserve my life Reason telleth me in th◠〈◊〉 〈◊〉 it is but just that I should not doe that unto another which I would not have another doe to me but that in the affirmative I should do as I would be done unto And this is the marrow of the whole second Table of Gods Law from whence all Lawes amongst men ought to have their derivation And therefore because by nature no man is GOD or Soveraign one over another Reason tells me I ought not to have a law imposed
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 uâ—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 whâ—â—h they understâ—â—d noâ— Aâ—d saith he so earnestly they wâ—ought that he was pleased to confirme that by his Charter which he had twice â—ore-promâ—â—d by â—is Oath And gave commandment unto his Iâ—stitiaries to see those Lawes of St. Edward to be inviâ—lably observed thâ—ough uâ— the Kingdome And yet notwithstanding this coâ—firmatio◠〈◊〉 the Câ—â—râ—ers afterward granted by Henry the seconâ— â—nd King Iohn to the same effect There followed a great Innovation bâ—th in Lawes and Government in England so that this seemes rather to hâ—ve bâ—en done to acquit the people with a shew of the confiâ—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 iâ—telligible unto all Now they are traâ—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 sâ—nior all matters in question should upon speciall penalty wâ—tkâ—ut â—urther deferment be finally decided in their Gemote or Conventions held monethly in every Hundred A MOST GALLANâ— LAW But he â—et up his â—udges four times a yeare where he thought good to heâ—â— 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 tâ—me and domestickâ— 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 policiâ— 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
Ambassage the most and impious that â—ver was sent by any Christian Prince unto Maramumalim the Moâ—â—â— intituled The great King of Africa c. Wherein he offered to render uâ—to him his Kingdome and to hold the same by tribuâ—â— from him as his Soveraign Lord to forgoe the Christian faith which he held vaâ—â— and receive that of Mahomet But leaving him and his people together by the cares striving with him for their â—â—â—râ—es and freedomes aâ— justly they might which at last brought in the French amongst them to the almost utter ruine and destruction of the whole Kingdome and at last he was poysoned by a Monk It was this King or Tyrant that enabled the Citizens of London to make their Annuall choyce of a Mayor and two Seriffes Martaine 59. The Kingdome being all in broyles by the French who were called in to the aid of the Barons against him and having got footing plot and endevour utterly to extinguish the English Nation The States at Glâ—cester in a great Assembly caused Henry the third his sonne to be Crowned who walked in his Fathers steps in subverting the peoples Liberties and Freedomes who had so freely chosen him and expelled the French yet was hee so led and swayed by evill Councellors putting out the Natives out of all the chief places of the Kingdome and preferred strangers only in their places Which doings made many of the Nobility saith Daniel folio 154. combine themselves for the defence of the publick according to the law of Nature and Reason and boldly doe shew the King his error and ill-advised course in suffering strangers about him to the disgrace and oppression of his naturall liege people contrary to their Lawes and Liberties and that unlesse he would reforme this excesse whereby his Crown and Kingdome was in imminent danger they would withdraw themselves from his Councell Hereupon the King suddenly sends over for whole Legions of Poictonions and withall summons a Parliament at Oxford whither the Lords refuse to come And after this the Lords were summonedto a Parliament at Westminster whither likewise they refused to come unlesse the King would remove the Bishop of Winchester and the Poictonians from the Court otherwise by the common Counsell of the Kingdom they send him expresse word They would expell him and his evill Councellors out of the land and deale for the creation of a new King Fifty and six yeares this King reigned in a manner in his Fathers steps for many a bloody battell was fought betwixt him and his people for their Liberties and Freedomes and his sonne Prince Edward travelled to the warres in Africa The State after his Fathers death in his absence assembles at the New Temple and Proclaim him King And having been six yeares absent in the the third yeare of his reigne comes home and being full of action in warres occasioned many and gâ—eat Levies of money from his people yet the most of them was given by common consent in Parliament and having been three years out absent of the Kingdom he comes home in the 16. year of his reign And generall complaints being made unto him of ill administration of justice in his absence And that his Judges like so many Jewes had eaten his people to the bones ruinated them with delays in their suits and enriched themselves with wicked corruption too comon a practice amongst that generation he put all those from their Offices who were found guilty and those were almost all and punished them otherwise in a grievous manner being first in open Parliament convicted See Speed folio 635. And saith Daniel folio 189. The fines which these wicked corrupt Judges brought into the Kings Coffers were above one hundred thousand marks which at the rate as money goes now amounts to above three hundred thousand Markes by meanes of which he filled his empty coffers which was no small cause that made him fall upon them In the mean time these were true branches of so corrupt a root as they flowed from namely the Norman Tyrant And in the 25. yeare of his reigne he calles a Parliament without admission of any Church-man he requires certain of the great Lords to goe into the warres of Gascoyne but they all making their excuses every man for himselfe The King in great anger threatned that they should either goe or he would give their Lands to those that should Whereupon Humphry Bohun Earle of Hereford High Constable and Roger Bigod Earle of Norfolk Marshall of England made their Declaration That if the King went in person they would attend him otherwise not Which answer more offends And being urged again the Earle Marshall protested He would willingly go thither with the King and march before him in the Vantguard as by his right of inheritance he ought to doe But the King told him plainly he should goe with any other although himself went not in person I am not so bound said the Earle neither will I take that journey without you The King swore by God Sir Earle you shall goe or hang. And I sweare by the same oath I will neither goe nor hang said the Earle And so without leave departed Shortly after the two Earles assembled many Noblemen and others their friends to the number of thirty Baronets so that they were fifteen hundred men at Arms well appointed and stood upon their own guard The King having at that time many Irons in the fire of very great consequence judged it not fit to meddle with them but prepares to go beyond the Seas and oppose the King of France and being ready to take ship the Archbishops Bishops Earles and Barons and the Commons send him in a Roll of the generall grievances of his Subjects concerning his Taxes Subsidies and other Impositions with his seeking to force their services by unlawfull courses c. The King sends answer that he could not alter any thing without the advice of his Councell which were not now with them and therefore required them seeing they would not attend him in this journey which they absolutely refused to doe though he went in person unlesse he had gone into Fraâ—câ— or Scotland that they would yet do nothing in his absence prejudiciâ—â—l to the peace of the Kingdom And that upon his return he would set all things in good order as should be fit And although he sayled away with 500. sayle of ships and 18000. men at Armes yet he was crossed in his undertakings which forced him as Daniel saith to send over forâ—more supply of treasure and gave order for a Parliament to be held at York by the Prince and such as had the managing of the State in his absence wherein for that he would not be disappointed he condescends to all such Articles as were demanded concerning the Great Charter promising from thence-forth never to charge his Subjects otherwise then by their consents in Parliament c. which at large you may reade in the Book of Statutes for which the Commons of
vertue of their being the Sons of prerogative Lords Earles Dukes or Barrons Now if you please to reade the Chronicles of this Kingdome you shall find that this thing called prerogative flowes meerly from the wills and pleasures of Robbers Rogues and Theâ—ves by vertue of which they made Dukes Earles Barrons and Lords of their fellow Robbers Rogâ—es and Theeves the lineall issue and progeny of which the present House of Peers are having no better right nor title to their present pretended judicature then meer and absolute usurpation and the will and pleasures of the potent and enslaving Tyrants alias Kings of this Kingdome for I read in Speeds Chronicle pag. 413. 416. 417. and in Daniel pag. 27. 28. That the Normans in France came antiently of a mixt people from the Norwegians Swedens Danes practising practises upon the Coasts of Belgia Frizia England Ireland and France and proceeded in their hardy and wicked courses even to the Mediterranean Seaâ— which drove the French to such extremity that King Charles the bald was forced to give unto Hasting a Norman Arch-Pirate the Earldome of Charters to aslwage his fury exercised upon his people and also King Charles the Grosse granted unto Godfrey the Norman part of Newstria with his Daughter in Mariage yet all this sufficed not but that the Normans by force of Armes seated themselves neere unto the mouth of Sâ—in taking all for their own that lay comprised betwixt that River and the River Loyre which Country afterwards took the name of Normandy from those Northern guests at which time King Charles the simple confirmed it unto Rollo their Captaine and gave unto him his Daughter Gilla in Mariage which Rollo with divers misdoers and outlawed men were forced to flye out of their own Country which Rollo of the Danishrace was the first Duke of Normandy whose Son William was the second Duke of Normandy and Richard his Sonne was the third Duke of that Country And his Sonne Richard the second was the fourth Duke thereof And Richard the third his Sonne was the fifth Duke of Normandy And Robert his brother and Sonne to Richard the second was â—he sixth Duke of Normandy who was Father to our William the Conqueror who was the seventh Duke of Normandy whom Duke Robert begat of one Arleâ— or Arletâ—ce a whore and a mean woman of Phalisiâ— in Normandy who was the Daughter of a Skinner being resolved to go visite the holy Sepulcher having no more Sonnes but William his bastard he calles his Nobility together and tells them In case I dy in my journey as he did I have a little Bastard of whose worthinesse I have great hope and I doubt not but he is of my begetting him will I invest in my Dutchie as mine heire and from thenceforth I pray you take him for your Lord which they did And this Bastard in his youth having many sharp bouts and bickerings with Roger de Tresny and William Earle of Arques brother to Duke Robert and Sonne to Richard the second c. who lay claime to the Dutchie as right and true heires to it but William the Bastard being too hard for them all and by these wars grew to great experience in feaâ—es of Armes which with his marying of Matild the Daughter of Baldwâ—n the fifth Earle of Flanders a man of great might and power provoked the French King to fall upon him to abate his greatnesse and curbe his pride but bastard William twice defeating two powerfull Armies of the Kingâ— with great overthrowes broke the heart of the King of France which gave the bastard Duke of Normondy joyfull peace in which calme the King makes a journey over into England to visite King Edward the Confessor his kinsman who had had his breeding in Normandy by Duke Richard the second the bastards Grandfather And after his returne back againe St. Edward the King of England dyeth Whereupon William the bastard busieth his thoughts how to obtaine the Crowne and Scepter of England unto which he makes certaine pretended claimes as being granted unto him by King Edward which was but a weake pretence as King Harold in his answer to him informes him Speed 404. telling him that Edward himselfe coming in by election and not by any title of inheritance his promise was of novalidity for how could he give that wherein he was not interessed And though William the bastard urgeth to Harol his Oath given him iâ— Normandy yet he answered his Embassadour that his Masters demand was unjust for that an Oath extorted in time of extremity cannot binde the maker in Conscience to performe iâ— for that were to joyne one sin to another and that this Oâ—th was taken for â—eare of death and imprisonment the Duke himselfe well knew but said he admit it was voluntary and without feare could I then a Subject without the allowance of the â—ing and the whole State give away the Crownes Successâ—â— to the prejudice of both Speed fol. 403. 404. But although the bastard Duke had no better claime but this which was worth just nothing at all Reade before pag. 20. 21. 24. 27. 28 3â— 60. 61. Yet notwithstanding William the bastard pâ—rleveres in his proud wicked and bloody intentions and calses an Assembly of the States of Normandy together and with importunate solicitations solicits them to supply him with money the very sinews of war to carry on his intended invasion of England but they unanimously refuse and decline it At length seeing this prottaction and difficulty in general he deals with his deerest and most trusty friends in particular being such as he knew affected the glory of action and would adventure their whole estates with him As William Fitz-Auber Count de Bretteville Gualtaer Gifford Earle Longueville Roger de Beaumont with others especially his own brothers by the mother whom he had made great as Odo Bishop of Baynox and Robert Earle of Mortaign and unto these he shewed his pretended right and hope of England wherein prefeâ—ment lay even to the meanest amongst them onely money was the want which they might spare neither should that be given nor lent without a plentiful increase With such faire words he drew them so on that they strove who should give most And by this policie he gathered such a masse of money as was sufficient to defray the warre And not onely wan he the people of his own Provinces to undertake this action but drew by his faire perswasions and large promises most of the greatest Princes and Nobles of France to adventure their persons and much of their estates with him as Robert Fitz-Harrays Duke of Orleance the Earles of Brittaigne Ponthieu Botogne Poictcu Maine Nevers Hiâ—fins Aumal le Signieur de Tours and even his mortall enemy Martel Earle of Anjou became to be as forward as any Besides to amuze the Court of France and dazzle a young Prince then King he promised faithfully if he conquered this Kingdome to hold it of him as he did
the Dutely of Normandy and doe him homage for the same And then to make all sure with Pope Alexander whose thuâ—der-bolts of Excommunication were then of extraordinary dread and terror he promised him to hold it of the Apostolick See if hee prevailed in his enterprize Whereupon the Pope sent him a Banner of the Church with an Agnus of gold and one of the haiâ—es of St. Peter which was no small cause of prevailing the â—ase Clergy being then at the Popes beck and more minding their own particular self-interest then the welfare of their own native Countrey or the lives liberties estates of their brethren according to the slesh thereupon were the principall instrumentall cause that William the Bastard commonly called William the Conqueror had so easie an entrance to the possession of this kingdome Speed fol. 403 404. 405. 406. 413. 417. Daniel fol. 28 29 35 36. By means of which the Clergy beeraied their native Countrey to Robbers and Pirats and left the poore Commons to the mercilesse fury of mercilesse men And I wish they doe not now again the same with poore England now in her great distractionâ— for their interest is visible not to be the publickes but their pride covetousnesse and greatnesse Therefore O yee Commons of England beware of them and take heed you trust them not too much lest you be so deluded by them to your ruine and destruction And when William by their means principally as Daniel saith fo 36. had got possession of the Kingdom as you may partly before read p. 14 15 16 17 how extraordinary tyrannically he dealt with the poor natives and inhabitants By changing their laws and robbing them of their goods and lands at his will and pleasure and gave them away to his Norman Robbers And the poor Englishmen having all their livelihoods taken from them became slaves and vassals unto those Lords to whom the possessions were given And if by their diligence afterwards they could attain any portion of ground they held it but onely so long as it pleased their Lords without having any estates for themselves or their children and were oftentimes violently cast out upon any small displeasure contrary to all right Daniel fo 47. Speed 421 423 425. Insomuch that in those days it was a shame even among Englishmen to be an Englishman Speed fol. 422. 429. By means of all which he bestowd great rewards upoÌ„ all those great men that came along with him and made them by hâ—s will the great men of England to help him to hold the people in subjection bondage and slavery for he made William Fitz-Auber the Norman the principall man under him to help for his designe Earle of Hartford who singly of himselfe took upon him meerly by the power of his own will to make Lawes in his own Earldome And unto Allayn another of his Comrades or trusty and well-beloved Consins he gave all the lands of Earle Edwin where on he built a Castle and whereof he made the Earldome of Richmond And unto William of Warren another of his Norman Robbers Marder ers he gave the Earldome of Surrey Speed fol. 437. And unto Walter Bishop of Durham another of his Comrades he sold the Earldome of Northumber land who there by the law of his owne will maintained Murderers and Rogues and there was murdered himselfe And unto his Brothers who came of his mother Arlet the Whore who after William the Bastard was borne was married to Harlain a Norman a Gentleman but of mean substance Odo and Robert he gave the Earldome of Ewe and Mortaigne Speed 417. Daniel 32. And afterwards Odo Earle of Kent and after that in his absence Vice-Roy of England And how this Beggar now set on Horse-back governed this poore distressed kingdome let the Conquerors own speech declare recorded by Speed fol. 431. At the time when William came out of Normandy found his brother Odo a Bishop as well as an Earle at the Isle of Wight with divers Noble men and Knights his attendants then going to Rome with an expectation there to be Pope being grown extraordinary rich with his polling of this poore Kingdome Vpon which the King in presence of his Nobles thus spake Excellent Peeres I beseech you hearken to my words and give me your counsell At my sailing into Normandy I lest England to the government of ODO MY BROTHER who a little further in his speech hee saith hath greatly oppressed England spoyling the Churches of land and rents hath made them naked of Ornaments given by our predecessors and hath seduced my Knights with purpose to train them over the Alps who ought to defend the land against the Nations of Scots Danes Irish and other enemies over-strong for me And a little below that my brother saith he to whom I committed the whole kingdom violently plucketh away their goods cruelly grindeth the poore and with a vain hope stealeth away my Knights from me and by oppression hath exasperated the whole land with unjust taxations Consider therefore most NOBLE LORDS and give mee I pray you your advice what is herein to be done And in conclusion the King adjudged him to prison yet not as a Bishop who then it seemes had large exemptions but as an Earl subject to the lawes and censure of his King Which accordingly saith Speed was done upon seizure of estate this Prelate was whose found so well lined in purse that his â—eaps of yellow mettle did moveadmiration to the beholders So that here you have the true story of the subversion of the ancient manner of Parliaments the ancient Lawes and Liberties of Government of this Kingdome and a Law innovated and introduced flowing meerly froÌ„ the will of a Bastard Thief Robber tirant You have here also a true Declaration of the original rise of the pretended legislative power of Earles Lords and Barons the Peers Competitors and trusty and wel-beloved Cousins and Hereditary Counsellors of our Kings which was meerly and only from the wills and pleasures of this cruell and bloudy Tyrant and his Successors And no better claime have our present house of Peers either for their legislative power or judicative power then this as is cleerly manifest by their own fore-mentioned Declaration cited pag. 45. and therefore say I are no legall Judicature at all nor have no true legislative or law-making power at all in them having never in the least derived it from the people the true legislaters and fountain of power from whom only and alone must be fetched all derivative power that either will or can be esteemed just And therfore the Lords challenging all the power they have by their bloud and deriving it from no other fountain but the Kings Letters-Pattents flowing meerly from his will pleasure I groundedly conclude they have thereby no judicative power no nor legislative power at all in them for the King cannot give more to them then he himself hath and he hath neither of these powers viz. a
both on him and all that had a finger in furthering of his usurpation vers 23 24 45 53 54 for afterward the Tyrant thaâ— they had set up destroyed them all for their pains and in the end had his scull broke to pieces with a piece of a mill-stone thrown from the hand of a woman And after many miseries sustained by the people of Israel for their revolt from their loyalty to GOD their LORD and KING Yet in their distresse hee took compassion of them and senâ— them Samuel a just and righteous Judge who judged â—hem justly all his dayes But the people of Israel like foolish men not being content with the Government of their Soveraign by Judges who ouâ— of doubt took such a care of them that he provided the best in the world for them would reject their Liege Lord and chuse one of their own namâ—y a King that so they might be like the Pagans and Heathens who ive without God in the world which Act af theirs God plainly declares was a rejection of him thâ—t he should not reign over them 1 Sam. 87. and chap. 10. 19. Buâ— withal he descâ—â—beth vnto them the behaviour of the King vers 11 12 13 14 16. which 1 Sam. 8. 7. and 10. 9. is that he will rule and govern them by his own will just Tyrant like for saith Samuel he will take your Sons and appoint them for himselfe for his Chariots and to be his horâ—emâ—n and ome shall run before his Chari t s and he will take by his Prerogative your Fiâ—lds and your Vineyards and youâ— Oliveyards eveâ— the hest of them and give them to his Servants and he will take your men-servants and your maid-servants and your goodliest young-men and your Asses and put them to his worke c. And saith Samuel you shall cry out in that day because of your King which ye shall have chosen unto you but the Lord will not hear you in that day And Samuel in the 12. Câ—apâ—er gives them positively the reason ofiâ— which was that although GOD in all their straights had taken compassion on them and sent them deliveries and at the last had by himself set them free on every side so that they dwelt sately Yet all this would not content them but they would have a King to reigne over them when sâ—â—h Samuâ—l the â—ord your God was your King therefore chap. 1â— 19. saith Samuel ye have this day rejected your God who himself saved you out of all your adversities c. yea and in the 19. ver of the 12. chap. the People acknowledged that they had added unto all their sins this evill even to ask a King Whereb we may evidently pâ—rceive that this office of a King is not in the least of Gods institution neither is it to bâ— given to any man upon earth Because none must rule by his will but God alone And therefore the Scripture saith He gave them a King in his anger and took him away in his wrath Hosa 13. 11. In the second place for the proofe of the minor Proposition which is That Charles R. received his Crown and Kingdome by contract and agreement and hath broken his contract and agreement I thus prove And first for the first part of the position History makes it clear that WILLIAM THE CONQVEROVR OR TYRANT being a Bastard subdued this Kingdome by force of Armes Reade Speeds Chronicle folio 413. There being slain in the first Battell betwixt him and the English about sixty thousand men on the English party As Daniel records in his History fol. 25. And having gained the Country he ruled it by his sword as an absolute Conqueror professing that he was beholding to none for his Kingdome but God and his sword making his power as wide as his will just Tyrant like giving away the Lands of their Nobles to his Normans laying unwonted taxes and heavie subsidies upon the Commons insomuch that many of them to enjoy a barren liberty forsook their fruitfull inheritance and with their wâ—ves and children as out-lawes lived in woods preferring that naked name of freedome before a sufficient ☞ maintenance possest under the thraldome of a Conquerar who subvertâ—ed their Lawes disweaponed the Commons prevented their night meetings with a hâ—aviâ— penalty that every man at thâ— day closing should cover his fiâ—e and depart to his rest there by depriving them of all opportunity to consult together how to recover their liberties collating Officeâ—s all both of command and judicature on those who were his 〈◊〉 made saith Daniel page 46. his domination such as heâ— would have it For whereas the causes of the Kingdome were before determined in every Shire And by a Law of King Edward Segâ—ier all matters in question should upon speciall penalty without further deferment be finally decidâ—d in the Gemote or Convâ—â—â—ions held monethly in every Hundred Now he ordained That four times in the yeare for certain dayes the same businesse should be determâ—ned in such place as he would appoint where he constituted Judges to 〈◊〉 to that purpose and others from whom as from the bosomâ— of â—he Prince all litigâ—tors should have justice And to make them â—s miserable as slavâ—s could be made He ordered that the Laws should be practised in French Aâ— Pâ—itions and businesses of Câ—urt â—n French that so the poor miserable people might be gulled and cheated undone and destroyed not onely at his will and pleasure but also at the will and pleasure of his under Tyrants and Officers For to speak in the words of Martin in his History page 4 He enacted and established strict and severe Lawes and published them in his own language by meanes whereof many who were of great estate and of much worth through ignorance did transgressâ— and their smâ—llest offences were great enough to entitle the CONQVEROR to their lands to the lands and riches which they did possesse All which ke seized on and took from them without remorse And in page 5. he declares hat he erected sundry Courts for the administraâ—iâ—nâ— his â—ew Lawes and of Justice and least his Iudges shâ—uld bear toâ— great a sway by reason of his absence he caused them all to follow his Court upon all removes Whereby he not only curbed thâ—ir dispâ—siâ—ions which iâ—cited them to be great but also tired out the English Nâ—tion with extraordinary troubles and excessive charges in the prosecution of Suites in Law From all which relations we may observe First from how wicked bloudy triviall base and tyrannicall a Fountain our gratious Soveraignes and most excellent Majesties of England have sprung namely from the Spring of a Bastard of poore condition by the Mothers side and from the pâ—rnitious springs of Robbery Pyracie violence and Murder c. Howsoever fabulous Writers strivâ— as Daniel saith to abuse the credulity of after Ages with Heroicall or mircaulous beginnings that surely if it be rightly considered there will none dote upon those kind of Monsters Kings buâ—
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 condemnâ—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 â—aith Daniel fol. 130. he returnes into England â—nd charges the Earles and Barons with the reproaches of his lâ—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 wrasâ—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 liablâ— 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 Kingdoâ—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 freâ—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 himselfâ— under any other that would but support him in his violences There is recorded an
of pag. 706 707 714. In the Records of 1 R. 2. Num 44. and R. 2. Num 34. and 40. Again it will clearly appear that there is a contract betwixt the King his People yea and such a one as ties up all his public official actions to be according unto Law and not according to the rule of his own Wiâ—l if we seriously weigh but the Lawes made and past this present Parliament but especially that for abolishing the Star-Chamber and regulating the Councell-Table the Act for abolishing the high Commission Court two Acts for the levying and pressing Souldiers and Marriners and an Act declaring unlawfull and void the late proceedings touching Ship-money And an Act for preventing vexatious proceedings touching the order of Knight-hood And an Act for the free bringing in and free making of Gun-powder But if all this will not serve let us a little further consider what the Parliament saith who are the States representative of all the individuals of the State universall of England Book Declar. pag. 171. 264. 336. 508 613. 628. 654. 655. 703. 705. 711. 724. 725. 726 728. 729 730. And therefore are the highest supreamest and greatest Court Counncel and Judge of this Kingdome pag. 141 143 197 207 213 271 272 278 280 281 303 457 693 703 704 711 718 725. And who may justly be called the legall Conservators of Englands Liberties 281 277 282 264 496 587 588 617 693 698. Yea the legall and publike eyes and heart of Englands Politike Body pag. 213 278 340 690. Of whom a dishonourable thing ought not to be conceived of them pag 281 654. much lesle to be acted or done by them pag. 150. And they say pag. 266. That the King hath not that right to the Towns and Forts in England which the people in generall have to their estates the Towns being no more the Kings own then the Kingdome is his own And his Kingdome is no more his own then his people are his own And if the King had a propriety in all his Towns what would become of the Subjects propriety in their houses therein And if he had a propriety in his Kingdom what would become of the Subjects propriety in their Lands throughout the Kingdom or of their Liberties if his Majestie had the same right in their persons that every Subject hath in their Lands or Goods and what should become of all the Subjects Interests in the Towns and Forts in the Kingdome and in the Kingdom it self if his Majestie might sell them or give them away or dispose of them at pleasure as a particular man may do with his Lands and his Goods This erroneous Maxime being infused inâ—o Princes that their Kingdoms are their owne and that they may do with them what they will as if their Kingdoms were for them and not they for their Kingdoms is the â—oot of all the Subjects misery and of the invading of their just Righâ—s and Liberties whereas indeed they are only intrusted with their Kingdomes and with their Towns and with their People and with the publike Treasure of the Common-wealth and whatsoever is bought therewith And by the known Law of this Kingdom the very Jewels of the Crown are not the Kings proper Goods but are only intrusted to him for the use and ornament thereof As the Towns Forts Treasure Magazine Offices and the People of the Kingdome and the whole Kingdome it self is intrusted unto him for the good and safety and best advantage thereof And as this Trust is for the use of the Kingdom so ought it to be managed by the advice of the Houses of Parliament whom the Kingdom hath trusted for that purpose it being their duty to see it discharged according to the condition and true intent thereof and as much as in them lies by all possible meanes to hinder the contrary and therefore say they pag. 276. by the Statute of 25. Ed. 3. It is a levying of warre against the King when it is against his Lawes and Authority though it be not immediatly against his Person And the levying of Force against his Personall Commands though accompanied with his presence if it be not against his Lawes and Authority but in the maintainance thereof is no levying of warre against the King but for him for thâ—re is a great difference betwixt the King as King and the King as Charles Stuart And therefore say the Parliament pag. 279. That Treason which is against the Kingdome is more against the King then that which is against his Person because he is King for that very Treasor is not Treason as it is against him as a man but as a man that is a King and as he hath relation to the Kingdome and stands as a Person intrusted with the Kingdome discharging that Trust And therefore page 722. that Alexander Archbishop of Yorke Rob. Delleer Duke of Ireland Trisiilian L. chief Justice the rest in the time of Richard the 2. were guilty of Treason and so adjudged by two Acts of Parliament viz. 11. R. 2. 1. 2. and 1. H. 4. 3. and 4. which to this day are both in force for levying Forces against the Authority of Parliament and to put to death divers principall members of both Houses although they had the Kings expresse Command to do it and the promise of his presence to accompany them which yet for all that neither would nor did save their lives in regard as they say page 723. It is a known rule in Law that the Kings illegall Commands though accompanied with his presence do not excuse these that obey him therfore if the Kingdom be in danger and the King wil not hearken to the Parliament in those things that are necessary for the preservation of the peace and safety of the Kingdome Shall they stand and look on whilest the Kingdome runs to evident ruine and destruction No page 726 for safety and preservation is just in every individuall or particular page 44. 150. 207. 382. 466. 496. 637. 690. 722. much more in the Parliament who are the great and supream legall Councell from whom there is no legall appeale as is before declared Yea and in their Declaration of the 19. of May 1642. page â— 7. they tell us that this Law is as old as the Kingdome viz. That the Kingdom must not be without a meanes to preserve it selfe which that it might be done without confusion say they this Nation hath entrusted certain hands with a power to provide in an orderly and regular way for the good and safety of the whole which power by the constitution of this Kingdome is in his Majesty and in his Parliament together Yet since the Prince being but one person is more subject to accidents of nature and chance whereby the Common-wealth may be deprived of the fruit of that Trust which was in part reposed in him in cases of such necessity that the Kingdome may not be inforced presently to return to its first principall and every man
Lordships have flowing from one and the same fountain with them namely the Kings will and pleasure commonly called The Kings Prerogative demonstrated by his Letters Pattents which in such a case is not worth a button as is clear by the Law and the very principles of Reason and that the Lordly Prerogative honour it self that they enjoy from the King which was never given them by common consent as all right and just honour and power ought to be is a meer boon and gratuity given them by the King for the helping him to inslave and envassalise the People and from theâ—r Predecessâ—rs whom William the Conqueror aâ—ias the Theefe and Tyranâ— made Dukes Earles and Barons for helping him to subdue and enslave the free Nation of England and gave them by the Law of this own will the estate of the Inhabitâ—nts the right owners thereof to maintain the Grandeur of their Tyranny and Prerogative Peerage And therfore their Creator the King doth in his Dce p. 324 ingeniously declare that their title to their legislative power is only by bloud And if so then not by common consent or choyce of the People the onely and alone Fountain of all just power on earth and therefore void null and at the best but a meer fixion and usurpation and the greatest or best stile they gave themselves in their joynt Declaration with the House of Commons page 508 is That the House of Peers are the Hereditary Councellors of the Kingdome and what right they have thereby to make the People Lawes I know not neither is it declared there by what right they came by their Hereditary Councellorship Nor yet is it there declared what it is So that I understand not what they mean by it which I desire them to explaine for sure I am it is a maxime in Nature and Reason That no man can be concluded buâ— by his own consent and that it is absolute Tyranny for any what or whom soever to impose a Law upon a People that were never chosen nor betrusted by them to make them Lawes But in that Declaration in the next line The chosen and betrusted House of Commons the only alone Law-makers of England the King and Lords consent to their Votes Lawes and Ordinances being but in truth a meer Ceremony and usurped formality and in the strength of Law which justly is nothing else then pure reason neither addes strength unto them nor detracts power from them is royally truly and majesterially stiled and called the representaive Body of the whole Commons of the Kingdome and so are in abundance of other places before cited Yea and whosoever seriously reades and considers the third Position laid down page 726. and laid down in the name of the Parliament shall see indeed and in truth the power of the Lords wholly cashiered their words are these That we did and do say that a Parliament may dispose of any thing wherein the King or any Subject hath a right in such a way as that the Kingdome may not be in danger thereby and that if the King being humbly sought unto by his Parliament shall refuse to joyn with them in such cases the Representative Body of the Kingdome that is to say the House of Commons alone the Lords representing no Body but themselves and their Ladies neither challenge they any such title but call themselves meerly Hereditary Councellours is not to sit still and see the Kingdome perish before their eyes and of this danger they are Judges and Judges superiour to all others I beseech you mark it well that legally have any power of judicature within this Kingdome Where are you my Lords And what say you to this your own ingenious confession For yours it is for any thing I know to the contrary unlesse you were all asleep when you past it Nay further My Lords If the Representative Body bee the Parliament as is here confessed and averred and that Representative Body be the House of Commons and none else as before is proved and the House of Commons or Representative Body be the Parliament as here they are called then My Lords what say you to that inference from hence drawn and naturally flowing and arising from the premises and proved by your first Pofition laid down in the fore-cited page 726. which is That the Parliament hath a power in declaring Law in particular cases in question before them and that which is so declared by the High Court of Parliament being the highest Court of Judicature ought not afterwards to be questioned by his Majesty or any of his Subjects for that there lyeth no Appeal from them to any Person or Court whatsoever so that the right and safety both of King and People shal depend upon the Law and the Law for its interpretation upon the Courts of Justice which are the competent Judges thereof and not upon the pleasure and interpretation of private persons or of Publike in a private capacity Good-night my Lords unlesse you will make a little more buzling and so make the stink a little more hot in the Nostrils of all men that have the use of their sences before your snuffe go cleer out the which if you do it will I am confident but cause it to go out with a witnesse And therefore look to it and remember the Star-Chamber the Councell-I able and High Commission Where are they all but in the grave of reproach contumely disgrace and shame And give me leave to tell you of the common Proverb now abroad of Canterbury and Strafford That if in the dayes of their prosperity which were as high and great as yours are or ever were they had thought they should have beene pulled down by the common People whom they strongly labonred to enslave and by their unwearied cryes to the eares of Englands supreame Judges for Justice were justly by them condemned to the block and lost their wicked Lordly Heads in the presence of many of those that they had tyrannized over they would have been more moderate just and righteous in their generations then they were Apply it my Lord s and remember Mr. Lilburn c. and the tyrannie you have exercised upon him for many weekes together both in Newgate and the Tower of London in locking him up close prisoner without the use of Pen Ink or Paper and not suffering his friends nor wife that singular comfort and help that the wise God provided for poor fraile man to set her foot within his Chamber door for about three Weekes together nor she nor any of his friends to deliver to his hands though in the presence of his Keeper meat drink or money and yet you never allowed himm 2. d. to live on that I could heare of and then unjustly sentence him 4000. l. and 7 years Imprisonment in the Tower c. there to be tyrannized over by one â—f your own Creatures Col. West Lieutenant thereof who hath divers weeks divorced him from his wife and
Feb. 12. 1645. in the annihilating his unjust Sentence in the Star-Chamber Reade his printed Relation thereof page 1 2 â— 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 spâ—ciall Committee which Committee met and examined his businesse and as I am informed from very good hands made a vote to this effâ—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 Martiâ— that couraragious and faithfull Patrioâ— 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 Warranâ— 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 fâ—fficiâ—â—â— 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 Lilburâ—â— 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 â—â— 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 â—he People But let us returne to their 2. summoning him to their Barre who being commanded to kneele refused and withouâ— 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. Briscoâ— 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 summâ—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 coÌ„mit 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 enâ—nare himselfe that so they might have some coulor for their fuâ—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
heart blood against you in this way My Lords said he are not you the men that first engaged this kingdome in this present warre And you pretended and swore it was for the maintenance of the lawes and liberties of England But my Lords if you dissembled or were in jest I am sure said he I was reall and in good earnest And therefore my Lords before you shall wrest out of my hand my essentiall liberties and freedomes and that which makes me a man and to differ from a beast having already run the hazards of so many deaths for the preservation of them as I have done I tell you plainly and truly I will by the strength of GOD vâ—nture my life and blood as freely and resolutely against you in this particular as ever I did in the field against any of the Cavaliers who you told us endevoured and intended to destroy the lawes and liberties of England And some of your selves know that that was resolutely enough And much more as I understand he told them then which I leave to the relation of his own pen and hand which I beleeve the world will shortly see But they went on and sentenced him two thousand pounds to the King for his present contempt at their Barre and two thousand pounds for his pretended crimes contained in their Articles which they took pro confesso because he would not heare them read But in regard that his wives late petition delivered to the House of COMMONS September 23. 1646. doth notably and excellently set forth the illegality of the manner c. of the Lords proceedings with him we judge it very necessary here to insert it not only for the proof of the thing in hand but also for her exceeding commendations in so close following her husbands businesse in his great captivity with such resolution wisdome and courage as she doth whose practice herein may be a leading just and commendable president for all the wives in England that love their husbands and are willing to stand by them in the day of their tryall Her petition thus followeth To the Chosen and betrusted Knights Citizens and Burgesses assembled in the high and supream Court of PARLIAMENT The Humble Petition of ELIZABETH LILBURNE wife to Lieu. Col JOHN LILBURNE who hath been for above eleven weeks by-past most unjustly divorced from him by the House of Lord and their tyranâ—icâ—ll Officers against the Law of GOD and as she conceives the Law of the Land Sheweth THat you only and alone are chosen by the Commons of England to maintain their Laws and Liberties and to do them justice and right a a Coll. of decl pag 254. 336. 382. 508. 613. 705. 711 716. 721. 724. 716 7â—1 72â— 73â— which you have often befor God and the World sworn to do b b Coll. Decl. page â—61 663. protestation and covenant yea and in diveâ—â— of your Declarations declared it is your duty in regard of the trust reposed in you so to doe c c Coll. decl pag. 81. 1â—2 262 266 267 340 459. 462 471 4â—3 58â— â—9â— without any private aimes personall respects or passions whatsoever d d Col. decl p. 4â—4 490. 750. And that you think nothing too good to be hazarded in the discharge of your consciences for the obtaining of these ends e e Colâ— decl p. â—14 And that you will give up your selves to the uttermost of your power and judgement to maintain truth and conforme your selves to the will of God f f Col. declar p. â—66 which is to â—oâ— justice and g g ler 22 16. 15. 16. 17. right and â—ecure the Persons Estates and Liberties of all that joyned with you h h Col declar 6â—6 673. imprecating the judgments of Heaven to fall upon you when you decliâ—e from these ends * * Col. Declar 4 you judging it the greatest scandal that can be laid upon you that you either do or intend to subvert the Lawes Liberties freedoms of the people i i Col. declar p. 264. 281. 494. 497. 654. 694. 696. Which freedoms c. you your selves call The coÌ„mon birth-right of English-men k k Col. declar p. 738. 140. â—45 who are born equally sreeâ— and to whom the law of the land is an equal inheritance and therefore you confesse in your Declar. of 23. Octob. 1643. l l Pag. 660. It is your duty to use your best endevours that the meanest of the CoÌ„monalty may enjoy their own birth-right freedom liberty of the laws of the land being equally as you say intitled thereunto with the greatest subject The knowledge of which as coming from your own mouthes and Pen imboldned your Petitioner with coÌ„fidence to make her humble addresse to you to put you in mind that her husband above 2 moneths agoe made his formal legall appeale to you against the injustice and usurpation of the Lords acted upon him which you received read coÌ„mitted and promised him justice in But as yet no report is made of his busines nor any relief or actual justice holden out unto him although you have since found time to passe the CoÌ„positions pardons for the infranchising of those that your selves have declared Traytors and Enemies to the Kingdom which is no small cause of sorrow to your Petitioner and many others that her husband who hath adventured his life and all that hee had in the World in your lowest condition for you should bee so slighted disregarded by you as though you had forgot the duty you owe to the kingdom and your many Oathes Vowes and Declarations ** ** Decl. 460. 498. 666. 673. which neglect hath hastened the almost utter ruine of your Petitioner her husband and small Children For the Lords in a most tyrannicall and barbarous manner being encouraged by your neglect have since committed her husband for about three weeks close prisoner to Newgate locked him up in a little room without the use of pen ink or paper for no other cause but for refusing to kneel at the Bar of those that by law are none of his Judges m m Magna Charta 29. Sir E. Cook 2 part Instit fol. 28. 29. Rot. 2. â— 3. The cruell Jaylors all that time refusing to let your Petitioner or any of his friends to set their feet over the threshold of his chamber door or to come into the prison yard to speak with him or to deliver unto his hands either meat drink money or any other necessaries A most barbarous illegall cruelty so much coÌ„pâ—ained of by your selves in your Petition Remonstrance to the King 1. Decemb. 1641. n n Col. declar 6 7 8. and detested abhorred there by you as actions cruelties being more the proper issues of Turks Pagans Tyrants and men without any knowledge of God then of those that have the least spark of Christianity Honour or justice in their bâ—easts And then while they thus
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 justificatâ—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 CoÌ„mission 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 Coâ—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 Esquâ—res Gentlemen Citizens Yâ—omeâ— 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 freâ— Birth-right unlesse it be by the lawfull judgement that is verdict of his Equaâ—s that is saith he of men of his own condion or by the law of the land â—hâ—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 eqâ—als â—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. Martâ—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 â—ee Cook 2. part Instit fol. 464 which expresly say That none shall be imprisoned noâ— 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
judicative power nor a legislative power inherent in him as is strongly undeniably and unanswerably proved before in pag. 43 44 46 47 60 61. And therefore away with the pretended power of the Lords up with it by the roots and let them sit no longer as they do unlesse they will put themselves upon the love of their Country to be freely therby chosen as their â—oÌ„missioners to sit in Parliament for I am sure in right all their actions now are unbinding and unindivalid which becomes you O all ye Free-men or Commoners of England out of that duty you ow to your selves yours and your native Country throughly and home to set forth by Petition to your own HOVSE of COMMONS and to desire them speedily to remove them before the Kingdome be destroyed by their crosse proud and inconsistent interest for little do you know what Scotch-ale divers of them are now a brewing Read the Histories of William the Conqueror and you shall easily find that the pride and contention of those English-men that were called Lords amongst themselves was no small cause of the losing of this Kingdome to that Tyrant for saith Speed fol. 409. After the Normans had slain King Harold and overthrown his Army the two great Earles of Yorkshire and Cheshire Morcar and Edwine coming to London where the Londoners c. would gladly have set up Edgar Atheling the true Heire to the Crown to have been their Captain Generall to have defended them from the powerfull Norman Invaders who now was exceedingly fleshed with his victory and now likely to over-run the whole Land yet such was the pride and baesenesse of these two great Lords that the misery distresse and fearfull estate of their native Country could not disswade from their ambition plotting secretly to get the Crown to themselvs which hindered that wise and noble design and totally lost their native Country O COMMONS OF ENGLAND therefore beware of them and have a jealous eye over them and take heed that when it comes to the pinch they serve you not such another trick again For I am sure their interest is not yours nor the publikes neither is it consistent with their ends that you should enjoy Justice or your undeniable and just rights liberties and freedomes And well to this purpose saith Daniel pag. 36. That after the Bishops and the Clergy had shewed their aversnesse to the erecting of that probable meanes that was propounded to hinder the theevish invader the Nobility considering they were so born and must have a King and therefore considering of his power made them strive and run head-long who should bee the first to pre-occupate the grace of servitude and intrude them into forraign subjection So that the poor Commons like a strong vessell that saith hee might have been for good use were hereby left without a stern and could not move regularly trusting and resting it seemes too much upon those Lords which I call the broken Reeds of Egypt by whom they were undone But for the further cleeâ—ng of the Originall of the House of Peers pretended power I shall desire the understanding Reader to read over a little Treatise printed in Anno 1641. called The manner of holding of Parliaments in England in the 28. pag. hee saith King Harold being overcome William the 1. King and Conqueror having obtained the Soveraignty according to his pleasure bestowed Dignities and Honours upon his companions and others Some of them so connext and conjoyned unto the Fees themselves that yet to this day the possessors thereof may seem to be inabled even with the possession of the places only as our Bishops at this day by reason of the Baronies joyned unto their Bishoprickes enjoy the title and preheminence of Barons in highest Assemblies of the Kingdome in Parliament he gave and granted to others Dignities and Honours together with the Lands and Fees themselves hee gave to Hugh Lupas his kinsman a Norman and sonne to Emma sister to the Conqueror by the Mother the Earldome of Choster Adconquirendum AngliaÌ„-per Coronam that is in English to conquer and hold to himself and his Heires as free by the Sword as the King of England held it by his Crown to HANNVSRVFVS then Earl of Britain in France the Earldome of Richmond It a libâ—re honorifice ut eâ—ndem Edwinus Comes antea tenueâ—at that is in English as freely and honourably as Edwine Earle held it before And the Earldome of Arundel which Harrold possessed he granted with a fee unto Roger of Montgomeny And in page 33. the same Author declares That Kings sometimes not regarding the Solemnities of Ceremonies and Charters have only by their becks suffered Dignities and Honours to be transferred So that by what Iam able to gather out of ancient Histories William the Conquerour absolutely subdued the Rights and Priviledges of Parliaments held in England before this time The manner of holding of which as the same Author in his first page declares was by the discreet sort of the Kingdome of England rehearsed and shewed unto the Conquerour which as hee saith he approved of And the same doth John Minshew say in his Dictionary published and printed at London July 22. 1625. fol. 526. his words are these In England the PARLIAMENT is called for the debating of matters touching the Common-wealth and especially the making and correcting of Lawes which Assembly or Court is of all other the highest and of greatest authority as you may read in Sir Thomas Smith de Re. Angl. lib. 2. cap. 1. 2. Cambd. Brit. Compt. Juris fol. 1. And see the Institution of this Court Polydor Virgil lib 11. of his Chronicles referâ—eth after a sort to Henry 1. yet confessing that it was used before though very seldome You may find saith he in the former Prologue of the grand Customary of Normandy That the Normans used the same meanes in making their lawes In a Monument os Antiquity shewing the manner of holding this Parliament in the time of King Edward the sonne of King Etheldred which as the Note saith was delivered by the discreeter sort of the Realm to William the Conqueror and allowed by him This writing began thus Rex est Caput c. See more saith he of the course and order of this Parliament in Compt. Juris fol. 1. c. And VOWEL alias Hooker in his Book purposely written of this matter Powels book called the Atturneys Academy Read Mr. William Prynnes first part of the SOVERAIGNE POWER OF PARLIAMENTS AND KINGDOMES printed by the authority of this present Parliament pag 42 43 44. William the Conqueror having as to me is clearly evident subdued Parliaments their power authority priviledges and jurisdiction did set up by the absolute law of his own will for his Compceres Couzens and Connsellors such men who had most pleased him in vassalizing and enslaving this kingdom and the people thereof in whose steps severall of his successors after him did tread So that the kingdome was
ruled and governed by the King and his Prerogative Nobles and by lawes flowing from their wils and pleasures and not made by common consent by the peoples commissions assembled in Parliament as it is now at this day but he and his successors giving such large Charters to their Compeeres and great Lords as to one to be Lord great Chamberlain of Englands another Lord Constable of England to another Lord Admirall of England c. By meanes of which they had such vast power in the kingdome having then at their beck all the chiefe Gentlemen and Free-holders of England that used to wait upon them in blew Jackets so that they were upon any discontent able to combine against their Kings their absolute creators and hold their noses to the grind-stone and rather give a Law unto them then receive a law from them in which great streits our former Kings for curbing the greatnesse of these their meere creatures now grown insolent were forced to give new Charters Commissions and Writs unto the Commons then generally absolute vassals to choose so many Knights and Burgesles as they in their own breasts should think fit to be able by joyning with them to curb their potent and insolent Lords or trusty and well-beloved Cousins which was all the end they first called the Commons together for yet this good came out of it that by degrees the Commons came to understand in a greater measure their rights and to know their own power and strength By means of which with much struggling we in this age come to enjoy what wee have by Magna Charta the Petition of Right and the good and just Lawes made this present Parliament c. which yet is nothing nigh so much as by right we ought to enjoy For the forementioned Author of the book called The manner of holding Parliaments in England as 20 21. pages declares plainly that in times by-past there was neither Bishop Earle nor Baron and yet even then Kings kept Parliaments And though since by incursion Bishops Earles and Barons have been by the Kings prerogative Charters summoned to sit in Parliament yet notwithstanding the King may hold a Parliament with the Commonalty or Commons of the Kingdome without Bishops Earles and Barons And before the Conquest he positively declares it was a right that all things which are to be affirmed or informed granted or denied or to be done by the Parliament must be granted by the Commonalty of the Parliament who he affirmes might refuse though summoned to come to Parliament in case the King did not governe them as he ought unto whom it was lawfull in particular to point out the Articles in which he misgoverned them And suitable to this purpose is Mr. John Vowels judgment which Mr. Pryn in his above-mentioned book pag. 43. cites out of Holinsh Chro. of Ireland fol. 127 128. His words as Mr. Pryn cites them are thus Yet neverthelesse if the King in due order have summoned all his Lords and Barons and they wil not come or if they come they will not yet appear or if they come appear yet will not do or yeeld to any thing Then the King with the consent of his Commons may ordain and establish any Acts or Lawes which are as good sufficient and effectuall as if the Lords had given their consents but on the contrary if the Commons be summoned and will not come or coming will not appear or appearing will nor consent to do any thing alleadging some just weighty and great cause The King in these cases * Cromptons jurisdictioÌ„ of courts fo 84 Hen. 7. 18. H. 7 14. 1. H. 7 27. Parliament 42. 76 33â— H 6. 17. dju-lged accordingly prerogative 134. cannot with his Lords devise make or establish any Law The reasons are when Parliaments were first begun and ordained THERE WERE NO PRELATES OR BARONS OF THE PARLIAMENT AND THE TEMPORALL LORDS were very few or none and then the King and his Commons did make a full Parliament which authority was never hitherto abridged Again every Baron in Parliament doth represent but his owne person and speaketh in he behalf of himself alone But the Knights Citizens and Burgesses are represented in the Commons of the whole Realm and every of these giveth not consent for himself but for all those also for whom he is sent And the King with the consent of his COMMONS had ever a sufficient and full authority to make ordain and establish good wholesome Lawes for the Common-wealth of his Realm Wherefore the Lords being lawfully summoned and yet refusing to come sit or consent in Parliament canâ—ot by their folly abridge the King and the Commons of their lawfull proceedings in Parliament Thus and more John Vowel alias Hooker in his order usage how to keep a Parliament which begins in the foresaid History pag. 121. and continues to pag. 130. printed Cum Privilâ—gio And Sir Edward Cook in his Institutes on Magna Charta proves That the Lords and Peers in many Charters and Acts are included under the name of the Commons or Commonalty of England And in his Exposition of the second Chapter of Magna Charâ—a 2. part Institutes fol. 5. He declares that when the Great Charter was made there was not in England either Dukes Marquesse or Viscounts So that to be sure they are all Innovators and Intruders and can claime no originall or true interest to sit in Parliament sith they are neither instituted by common consent nor yet had any being from the first beginings of Parliaments in England either before the Conquest or since the Conquest nor the first Duke saith Sir Edward Cook Ibidem that was created since the Conquest was Edw. the black Prince In the 11. year of Edw. the third and Rob. de Vere Earl of Oxford was in the 8. year of Richard the 2. created Marquesse of Dublin in Ireland And he was the first Marquesse that any of our Kings created The first Viscount that I find saith he of Record and that sate in Parliament by that name was John Beumont who in the 8. yeer of Hen. the 6. was created Viscount Beumont And therefore if Parliaments be the most high and absolute power in the Realm as undeniably they are for Holinshed in his fore-mentioned Chronicle in the Dâ—scription of England speaking of the high Court of Parliament and authority of the same saith pag. 173. thereby Kings and mighty Princes have from time to time been deposed from their Thâ—ones â—awes either enacted or abrogated offendors of all sorts punished c. Then much more may they disthrone or depose these Lordly prerogative Innovators and Intruders and for my part I shall think that the betrusted Commissioners of the Commons of England now assembled in Parliament have not faithfully discharged their duty to their Lords and Masters the people their impowerers till they have effectually and throughly done it And if the Lords would be willing to come and sit with them as one house
as formerly they have done Read the fore-mentioned Discourse of John Vowel printed in Hollinsheds Chronicles of Ireland pag. 123 Sir Edward Cookes 4. part Institutes chap. 1. pag. 2. and the fore-mentioned book called Vox Plebis pag. 39 40. Yea though conditionally they might sit as Peers yet they ought not to do it for this were for the Peoples Trustees the House of Commons to give away their true and legislative power which originally is only inheâ—ent in them THE PEOPLE which is the next and the last thing I should prove But in regard the Discourse is swolne so big already and the present time being the season for publishing what I have already said which were impossible to come out this Moneth or sixe Weekes if I should throughly handle this Proposition as by Gods assistance I intend which will take up a Discourse almost half as big as the fore-going For first I must shew and prove That the people in generall are the originall sole legislaters and the true fountain and earthly will spring of all just power And Secondly That all the power which the house of Commons hath is meeâ—ly derivative and bounded within this tacit Commission to act only for the good of thosothat betrusted them and not for their mischiefe in the least And here I shall propound some Queries Whether or not they have not done and acted some things prejudiciall and mischievous so the generality of the Kingdome and destructive to the fund ment all Lawes and Liberties thereof Which in the affirmative I shall answer Yea and prove it in divers particulars our of their own late published large book being the second part of the Collection of Ordinances Declar. c. where I finde three Ordinances viz. That for the Merchant-Adventurers pag. 361. That for the Turkie-Merchants pag. 439. Thirdly That for the Greenland Merchants pag. 646. Of all three of which I say as Sir Edward Cooke in the second part of his Institutes fol. 51. And the fourth part Institutes fol. 41. saith of the Statute of the 11. of Henry 7. chap. 3. for executing of which Justice Dudley and Empson lost their lives that they are made in the facâ— of the ancient and fundamentall Law of the 29. and 30. chapters of Magna Charta c. And that they are unjust and injurious Ordinances which in duty they are bound to abrogate and to punish the procurers of them in regard those very Ordinances if continued will â—ender the Parliament the Commissioners of the people and the great interest of their preservation odious abominable and 〈◊〉 ble in their eyes and do them more mischiefe then an Army of twenty thousand Cavaliers for such palpable injustice as in these very Ordinances is done to the whole Kingdome will in time destroy the Parliament though now they had never a professed enemy in the world and true friends to their professed enemy the King they are who put them upon this work And let them take warning by those that were formerly the setters up of Pattentees and therby destroyers of the peoples legal and just liberties for it was not only that they were set up by an unbinding authority of the Kings which made them illegall but that they were against destructive to the fundamentall Lawes and liberties of the Land And therefore the house of Commons in its first purity before any of them was corrupted with assessing treasuring and disposing of the Common-wealths money in Clandestine Wayes not in the least allowed by the known and just Law of the Land and which to the Common-wealth they are not able to give an account of as indeed and in truth they ought of all the monies they have raised I say the house of Commons at the first beginning of their straights when they would render themselves amiable and lovely in the eyes of their Impowrers the people that trusted them They tell them in their first and most excellent Declaration 1. par Col. Declar. pag. 14. That they have supprest all Monopolies whereof some few did prejudice the Subject above a Million yearly the Soap an hundred thousand pounds the Wine three hundred thousand pounds the Leâ—ther must needs exceed both and salt could be no lesse then that besides the inferiour Monopolies Was this an excellency in the peoples Commissioners at the beginning And can it be lesse now then the greatest of basenesse in them to do the quite contrary Yea and that after so much bloud hath been shed and so much money spent and so many Oaths and Covenants sworn and taken to preserve the fundamentall Lawes and Liberties of the Kingdom And here I must fall extreamly foule upon Sr. WALTER EARLE GILES GREENE IOHN ROLL GEORGE TOMPSON ALEXANDER BENCE all Parliament men for their unjust and illegall Order made at the Committee of the Navy and Customes Novemb. 12. 1646. which is published in print on purpose to conjure the Officers of the Customs to take care to put the aforesaid patentee Mâ—â—opâ—lizing Ordinance of the GREENLAND COMPANY in dâ—e execution according to its true intent and meaning and that before they passe any enâ—ry or other warrant for any Fâ—ns or gills wrought or unwrought or for any sort of Wâ—â—le Oâ—le or other Oyle to call to their assistance the Officer or the Officers of the Greenland Company if any such be appointed for the place to view the same thereby to procâ—ed according to the Ordinance of Parliameâ—â— which Ordinance is dated the 6. of May 1646. which AVTHORISETH THEM TO CEISE UPON ALL SVCH COMMODITIES that are brought in by any other free Merchants that are not of this Company by mâ—anes of which they ingâ—osse all the trade into their own hands and sell their Commodities for double the rate that others if they might be suffered to bring them in would sell them O brave and gallant slavery and bondage The dear but unwelcome purchase of all our blood and money The next querie that will arise will be this Whether some particular Parliament men have not outstript the bounds of their Commission And here I shall answer affirmatively likewise or else as Samuel said to Saul what meanes this bleating of the Sheepe in my eares and the lowing of the Oxen which I heare So say I if all be right what meanes MAJOR GEORGE WITHERS Complaint against Sir Richard Onsley and Sir Poynings Moore and Mr. IOHN MVSGRAVES loud Complaint and impeachment of treason against Mr. Richard Barwis which he hath largely published in severall bookes to the view of the world called A WORD TO THE WISE ANOTHER WORD TO THE WISE YET ANOTHER WORD TO THE WISE In which he also accuseth Mr. Lisle the Chairman of the Committee of great injustice for making a false Report to the House And what meanes the grievous Complaint of divers Gentlemen of the County of Durham against OLD SIR HENRY VANE which is printed in ENGLANDS BIRTHRIGHT pag. 19. 20. 21 And Lieutenant Collonel Lilburneâ— Complaint against him in