souls they have freely adventured their lives and so carried themselves in all their actions towards you that all their adversaries are not able nor ever were to lay in law my crime to their charge for the redresse of all the foresaid grievances and yet the best recompence you your selves give unto them is to toffe and tumble them yeer after yeer from Gaol to Gaol without laying any crime unto their charge denying them the benefit of their Birth-right the Law of the Land keeping thousands of pounds of their own from them and endeavouring in their long imprisonments to starve and murder them their Wives and Children by being worse then the King was to your Members who allowed them three foure and five pounds a man weekly notwithstanding their own great estates to live upon in allowing them never a penny to live upon endeavouring to protect all those unrighteous men that contrary to Law have endeavouted to murder and destory them and take away their lives and beings from the earth And all this is my own case and sufferings from you your selves Therefore Hear O Heavens and give ear O Earth and the righteous God and all just men judge betwixt â—â— And therefore if there be any truth or resolutions in you to stand to any thing that you say and declare I challenge at your hands the benefis of all your Declarations and Remonstrances which are all of my side and particularly the notablest of Declarations of the 6 of May 1643 and 17 April 1646. which was made before my contest with the Lords in which you declare 2 par Book De. fo 95. 879 that although the necessity of war have given some disturbances to loyall proceedings stopped the usuall course of justice 〈◊〉 the Parliament for the preservation of this right to impose and require many great and unusual payments from the good Subjects of this Kingdom and to take extraordinary wayes for the procuring of monyes for their many pressing occasions It having pleased God to reduce our affaires into a more 〈◊〉 condition then heretofore We do declare that we will not nor any by colour of any authority derived from us shall interrupt the ordinary course of Justice in the severall Court of Judicatures of this Kingdom not intermeddle incases of private interest otherwhere determinable unlesse it be in case of male administration of Justice wherein we shall so provide that right be done and punishment inflicted as there shall be occasion according to the Law of the Kingdom and the trust reposed in us Therefore seeing that you that stile your selvs the fountain and conservaâ—â—ry of the Law first par Book Declar. pag. 272 have declared in answer to the Kings Complaint against scandalous pamphlets which was the originall pretence of the Lords quarrelling with me that you know the King hath wayes enough in his ordinary Courts of Justice to punish such seditious 〈◊〉 and Sermons as are any way prejudiciall to his rights honour and authority pag. 208. and if the King the Superior or Creator of the Lords must be tyed in this case to the ordinary Courts of Justice according to the Laws of the Kingdom then much more the Lords the creature or inferiour to the King And therefore I hope you will not be angry with me for refusing obedience to the illegall commands of the single Lords the inferious or hinder me from obtaining Justice according to Law upon those that most barbarously executed them upon me seeing you and the Lords themselves have taught me and all the people of England disobedience to the illegall commands of the King the greater as cleerly appears by your Declarations of July the 12 July 26 1642. 1 par Book Decl. p. 201. 458. 483. The words of which last are That the Lords and Commons in Parliament do Declare That it is against the Laws and Liberties of the Kingdom that any of the Subjects thereof should be commanded or compelled by the King to attend him at his pleasure but such as are bound thereunto by speciall service And if any Messengers or Officers shall by colour of any command from his Majesty or Warrant under his Majesties hand arrest take or carry away any of his Majesties Subjects to any place whatsoever contrary to their wils that it is both against the Law of the Land the Liberty of the Subject and it is to the disturbance of the publick Peace of the Kingdom and any of his Majestie 's subjects so arrested may lawfully refuse to obey such Arrests and Commands To the same purpose you also were and declare in pag. 93. 95. 112. Therefore seeing the Law of the Land is so often by you declared to be the undoubted Birth-right of me as well as the greatest Lord in England or Parliament man whatsoever I earnestly crave and challenge at your hands as much for my self as you did at and from the hands of the King for the Lord Kimbolton and the five Members Sir John Hothan and the Lord Maior Pennington Alderman Foulke Col. Vean and Col. Manwaring viz. the benefit of the Law of England in the ordinary Courts of Justice which is not to be taken or imprisoned pass'd upon nor condemned but by due Processe of Law before a Justice of Peace according to the Law of the Land and not to be imprisoned but for a particular crime in Law expressed in the Commitment by those that have power in Law to commit me nor to be tried or condemned but by presentment c. before a Jury of twelve men of my Peers or equals of the same Neighbourhood where the fact was committed which is as you declare by Sir Edward Cook in 4 part Institutes fol. 41. the ancient and undoubted Birth-right of all the Subjects of England and to have my remedy at Law against all those that shall deal with me contrary to Law And that you challenged all these things for them before-mentioned you may read in your own Declarations pag. 7. 38. 39. 41. 53. 67. 77. 101. 123. 140. 162. 201. 203. 208. 210. 245. 277. 278. 459. 660. 845. All which I cannot doubt but you will grant unto me because it cannot rationally enter into my brest to conceive that you your selves can judge it consonant to Justice to set me and thousands and ten thousands of the people of the Kingdom to fight at your command for the preservation of our birth-right the Law and then for you to deny it unto us and deprive us of it and to recompence us with slavery which we are in when we lose the benefit of the Law Surely this cannot in honour and justice become you that call your selves the Conservators of the Law But if you shall avowedly deny me the benefit of the Law you frustrate your end in making Judges to be in Westminster Hall to execute the Law and put a mock upon the people and dissolve the whole frame and constitution of the civill Policy of the Government of this
Surery to pursue his suggestion which if he cannot prove he is to be imprisoned till he hath satisfied the party accused of his dammages and stander and made Fine and Ransom to the King The benefit of these Laws you claim at the Kings hand and there tell him he ought not of right and justice to deny it to you And also in 1 part Book Decl. pag. 101 speaking to the King you say Your Majesty lays a generall tax upon us if you will be graciously pleased to let us know the particulars we shall give a cleer and satisfactory Answer But what hope can we have of ever giving your Majestic safaction when those particulars which you have been made beleeve were true yet being produced and made known to us appeared to be false and your Majestic notwithstanding will neither punish nor produce the Authors but go on to contract new jealousies and fears upon generall and uncertain grounds affording us no means or possibilitie of particular answer to the cleering of our selves For proof whereof we beseech your Majestic to consider The heavie charge and accusation of the Lord Kimbolton and the five Members of the House of Commons who refused no Triall or Examination which might stand with the Priviledge of Parliament yet no Authors no Witnesses produced against whom they may have reparation for the great injury and infamy cast upon them notwithstanding three severall Petitions of both Houses and the Authority of two Acts of Parliament vouched in the last of those Petitions And in a fourth Petition about the same business 1 part Book Decl. pag. 123. We beseech your Majesty say you to remember that the Government of this Kingdom as it was in a great part mannaged by your ministers before the beginning of this Parliament consisted of many continued and multiplied acts of violation of Laws the wounds whereof were scarcely bealed when the extremitie of all those violations was far exceeded by the late strange and unheard of breach of our Laws in the accusation of the Lord Kimbolton and the five Members of the Commons House and in the proceedings thereupon for which we have yet received no full satisfaction And in your Declaration of the 19 of May 2642 1. par Book Dec. p 200. 201. you are very remarkable and fly The accusation of the L. Kimbolton and the 5 Members of the House of CoÌ„mons is called a breach of Priviledge and truly so it was and a very high one far above any satisfaction that hath yet been given How can it be said to be largely satisfied so long as his Majestic laboured to preserve his Atturney from punishment who was the visible Actor in it so long as his Majestic hath not onely justified him but by his Letter declared that it was his duty to accuse them and 〈◊〉 he would have punished him if he had not done it so long as those members have not the means of cleering their innocency and the authors of that malicious Charge undiscovered though both Houses of Parliament have severall times petitioned his Majestie to discoâ—â—â— them and that not onely upon grounds of common Justice but by Act of Parliament his Majestie is bound to do it so long as the King great such to passe a Bill for their discharge alledging that the Natiâ—â—tive in that Bill iâ— against his Honour whereby he seems still to â—â—ow the matter of that false and scandalous Accusation though he deserts the Prosecution offering to passe a Bill for their acquital yet with intimation that they trust desert the avowing their own innocency which would more wound them in 〈◊〉 that secure them in Law And in vindication of this great Priviledge of Parliament we do not 〈◊〉 that we have invaded any Priviledge belonging to his Majesty as is alledged in his Declaration But we look not upon this onely in the notion of a breach of Priviledge which might be though the Accusation were true or false but under the nation of an hainous crime in the Attourney and all other Subjects who had a hand in it a crime against the Law of Nature against the Rules of Justice that innocent men should be charged with so great an offence as Treason is the face of the highest Judicatory of the Kingdom whereby their 〈◊〉 and estates their bloud and honour are in danger without witnesse without â—isdence without all possâ—bility of reparation in a legall course yet a 〈◊〉 of such a nature that his Majesties Command can no more warrant then it can any other act of injustice It is true that those things which are evil in theâ—â— can nature such as a false testimony or a false accusation cannot bothe subject of any Command or induce any obligation of obedience upon any man by any Authority whatsoever therefore the Attourney in this case was bâ—â—â—â— to refuse to execute such a Command unlesse he had had some such evidence or testimony as might have warranted him against the parties and 〈…〉 make satisfaction if it should prove false And further to prove that 〈…〉 liable to punishment that puts in execution the Kings illegall Commands is must excellently proved and largely evident from your own words in 〈◊〉 Book Decl. pag. 259. 260. 276. 279. 280. 721. 722. 723. 727. 803. 〈…〉 largely declare that Alexander Archbishop of York Robert de Veâ—â—◠〈…〉 Irland c. were executed in Richard the Second's time as Traytors for 〈◊〉 in execution the commands of the King against the Law and if they are punishable that execute the commands of the King the Primitive against Law then much more by Law is Mr. Wollaston punishable for executing the commands of the single House of Lords the Derivative against Law and if in my own defence when I was in Mr. Wollaston's custody I had served him for his actions done to me in pursuance of the Lords single illegall commands â—4 Simson of Northampton-shire did Johnson in the 42 of Elizabeth for his doing actions in pursuance of the Queens Letters Patents contrary to Law in endeavouring by a Warrant flowing from the High Commission which was established by Act of Parliament and had legall cognizance of any facts in Controversie grounded thereupon to imprison his body for doing of which Simson in his own defence and his Liberâ—â—â—â— slew the said Johnson For which he was justified by the Judges of Affiâ—e and all the Judges of England as you may read in Sir Edward Cook 4. part Iustitutes fol. 333. 334. and in my Plea before the Judges of the Kings Bench called The Laws funerall page 214. 25. I say in case I had in my own defence and the defence of my legall Liberties slain Wollaston c. for executing the Lords single illegall Orders upon me for any thing I can read in the Law he had his mends in his own hands But to come more close upon your own principles to prove that a single Order of the Lords cannot stand in competition with the Law I do it thus
the People can never come justly within the Parliaments cognizance to destroy which the Generall and the chief of his Councel knew well enough and I dare safely say it upon my conscience that an Agreement of the People upon foundations of just freedom gon through with is a thing the Generall and the chiefest of his Councel as much hates as they do honesty justice and righteousnesse which they long since abandoned against which in their own spirits they are absolutely resolved I do verily beleeve to spend their heart blouds and not to leave a man breathing in English air if possibly they can that throughly and resolutely prosecutes it a new and just Parliament being more dreadful to them then the great day of Judgement spoken so much of in the Scripture And although they have beheaded the King yet I am confidently perswaded their enmity is such at the Peoples Liberties that they would sooner run the hazard of letting the Prince in to reign in his Fathers stead then further really a just Agreement or endure the sight of a new Parliament rightly constituted Secondly It s plain to me out of their words That they positively aver that their Agreement was presented to the Parliament before ours was published in print which I must and do here tell both the 〈…〉 Councel is the arrantest lie and falshood under the cope of heâ—ven for I have truely before declared and will justifie it with my life that ours 〈…〉 printed above thirty dayes before theirs was presented yea it was printed before theirs was half perfected But it is no wonder when men tâ—â—n their backs of God of a good conscience of righteousnesse and common honâ—â—y amongst men and make lies and falshoods oppression and bloody cruelty their sole confidence and refuge that then they say or swear any thing all which if the Generall and his Councel had not done they would have scorned and abhorred in the face of the Sun to have affirmed and printed so many lies as in their foregoing words is literally without wresting contained Thirdly They positively hint our dissatisfaction was taken at them for presenting theirs to the Parliament which is also as false as the former 〈◊〉 1. Our dissatisfaction was above a month before declared in their open Councel by my self c. as Sir Hardresse Waller and divers others of them 〈◊〉 but justifie 2. Our dissatisfaction was long before taken upon the grounds by me before specified the manifestations of which dissatisfaction I presented to the Generals own hands the 28 of December 1648 accoâ—â—â—â—â— and subscribed with my own name and fifteen more of my Coâ—â—â—es iâ— behalf of our selves and all our friends that sent us which we also â—â—â—â—â—ately caused to be printed And their Agreement as thâ—â—itle of it declâ—â—â— was not presented till the 20 of Jan. after Fourthly They say VVe used all possible means to make ours passe 〈…〉 how little successe they say is very well known If they mean we used all pâ—ssible means to make ours passe with them it 's true but the reason i◠〈…〉 better effect was because they had no minde to it it was too hoâ—â—ct for 〈◊〉 and I am sure in the very Epistle to it it is declarared That the 〈◊〉 reason of the printing of it is that the people might have â—â— opportâ—â—ity 〈…〉 the equitie of it and offer their reasons against any thing therein 〈…〉 And 〈◊〉 was all the means after the printing of it we used to make it passe Aâ—â—â—e we knew the Armies swords were longer then ours and would by force â—â— in pieces all our endeavours that we should use against their minds and 〈◊〉 by reason of the peoples cowardlinesse and therefore we let ours rest and were willing to sit still to see them perfect theirs and never did any thing in it since amongst the people to make it passe that I know of Fifthly They say VVe were troubled at their doing their dâ—ty in 〈◊〉 to authority and owâ—ing the Parliament aâ— the Suprâ—mâ— Authoritie of the 〈◊〉 When as alas it is as visible as the Sun when it shines in its glory and splendour That CORAH DATHAN and ABIRAM of old were never such Rebels against Authoritie as the General and his Councel are 〈…〉 Anabaptâ—â—â—s at Mâ—nsâ—er with JOHN of LEYDON and NEPERDULLION were never more conteâ—â—â—ers of Authority nor JACK STRAW nor WAT TILER nor all those faomous men mentioned with a black pen in our Histories and called Rebels and Traytâ—rs can never be put in any seale of equâ—ll balance for all manner of REBELLIONS and TREASONS 〈◊〉 all sorts and kindes of Magistracy with the Generall and his Councell And I will under take the tâ—â—k upon my life to make good every particular of this I 〈◊〉 say to the Gâ—â—â—â—l's face For did any or all of them 〈◊〉 mentioned 〈…〉 against their Advancers Promotors and Câ—eators as those have done two severall times Did ever any or all of them chop off without all 〈◊〉 of Law a KING's and NOBLES HEADS râ—vish and 〈◊〉 a Parliament twice nay raze the foundation of a Parliament to the ground and under the notion of performing a trust break all Oathes Coâ—â—â—â—nts Protestations and Declarations and make evidently void all the declared ends of the War which was one of Strafford's principal Treasons and which is notably aggravated against him by M. Pym in his fore-mentioned Speech against him pag. 9. 11. and under pretence of preserving their Laws Liberties and Freedoms destroy annihilâ—te and tread under their feet all their Laws Liberties Freedoms and Properties although they could cite against Sâ—râ—â—ord the precedent of Triâ—â—lian chief Justice who lost his life for delivering of opinions for the subversion of the Law as S. John's Argument of Law against him pag. last but one declares yea and against the Ship-money Judges and also the Precedent of Judg Belknap in King Richard the Second's time who was by the Parliament banished for but subscribing an opinion against Law though forc'd by a dagger held to his brest thereto yea and ciâ—e also the precedâ—nt against him which was against Justice Thorp in Edward the Third's time who was by the Parliament condemned to death for bribery the reason of which Judgment they say was because he had broken the Kings Oath that solemn and great Obligation as Mr. Pym ibid. calls it which is the security of the whole Kingdom All which forementioned either with pen or tongue by dispute I wil particularly maintain and make good upon my life publickly before the face of the Kingdom against the stoutest and ablest of their Champions in all their pretended Churches of God either Independent or Anâ—baptistical and that they are altogether unsavoury salt good for nothing but to be abominated and thrown out to the dunghil as fit for nothing but the indignation of God and the peoples wrath And as for their stiling this their own Jâ—â—to the supreme Authoritie I know the time not long since when that
shall mâ—ch rather wish That the Authority of this Kingdom in Parliament rightly constituted that is freely equally and successively chosen according to its orteinall intention may ever stâ—nd and â—ave its â—ourse And therâ—fore we shall apply our selves chiefly to such things â—â— by having Parliaments setled in such a right constitution nay give most hopeâ— of Justice and Rightâ—ousnesse to flow down equally to all in that its Ancient châ—â—nell without any overtures tending either to OVERTHROW that â—â—undation of Order and Government in this Kingdom or TO INGROSS THAT POWER FOR PERPETUITY INTO THE HANDS OF ANY PARTICULAR PERSONS OR PARTY WHATSOEVER And for that purpose though as we have found it doubted by many men minding sincerely the publique good but not weighing so fully the consequences of things it may and is not unlike to prove that the ending of this Parliament and the election of a New the constitution of succeeding Parliaments as to the persons Elected may prove for the worse many weyes yeâ— since neither in the present purging of this Parliament nor in the Election of a New we can promise to our selves or the Kingdom and asurance of Justice or other positive good from the bands of men but those who for present appear most righteous and most for common good having an unlimited power fixed in them duâ—ing life or pleasure in time may become corrupt or settle into parties or factions or on the otherside in case â—f new Elections those that should succeed may prove as bad or worse then the former We therefore humbly coâ—ceive that of two inconveniences the lesse being to be chosen the main thing to be intended in this case and beyond whiâ—h humane providence cannot reach as to any assurance of positive good seem to be this viz to provide that however unjust or corrupt the persons of Parliament men in present or future may prove or whatever ill they may doe to particular parties or to the whole in particular â—â—ngs during their respective termes or periods yet they shall not have the temptation of an â—â—â—imited power fixt in them during theâ—r owne pleasures whereby to perpetuate injustice or oppression upon any without end or remedy or to advance and uphold any one particular party faction or interest whatsoever to the oppression or prejudice of the Community and the enslaving of the Kingdom unto all posterity but that tâ—e people may have an equall hope or possibility if they have made an â—ll choice at one time to mend it in another and the Members of the House themselves may be in a capacity to taste subjection as well as rule and may be so inclined to consider of other mens cases as what may come to be their own Thus we speake in relation to the House of Commons as being intrusted on the Peoples behalfe for their interest in that great and supreme power of the Common wealth viz. the Legislative power with the power of finall Judgement which being in its own nature so arbitrary and in a manner unlimited unlesse in point of 〈◊〉 is most unâ—it and dangerous as â—o the peoples interest to be 〈◊〉 in the 〈…〉 the saâ—e men during life or their own pleasures Neither by the originall 〈◊〉 of this State was it of ought to continue so nor does it wherever it is 〈◊〉 continues soe render that staâ—e any better then a meeâ— tyranny or the people subjected to it any better then vassals But in all States where there is any fâ—â—â— of common freedom and particâ—larly in this State of England as it is most evidâ—â—◠〈…〉 many positive laws and ancient constant custome the people have a right to 〈…〉 successive Elections unto that great and supream trust at certain 〈…〉 time which is so essentiall and fundamentall to their freedom as it is â—â—not or not to be denied them or witheld from them and without which the House of Commons is of very little concernment to the interest of the Commons of England Yet in this we could not be understood in the least to blame 〈◊〉 worthies of both Houses whose zeale to vindicate the Liberties of this Nation did 〈◊〉 that Act for the continuance of this Parliament wherby it was secured from 〈◊〉 dissolved at the Kings pleasure as former Parliaments had been or reduced to 〈◊〉 a certainâ—y as might enable them the better to assert and vindicate the Liberties of this Nation immediately before so highly invaded and then also so 〈◊〉 â—â—dangered and those we take to be the principâ—ll ends and grounds for which 〈…〉 exigency of time and affairs it was procured and to which we acknowledge it hath happily been made use of but we cannot thinke it was by those Worthies intended or ought to be made use of to the perpetuating of thâ—â—â—â—pream trust and power into the persons of any during their owne 〈◊〉 or deb arring of the people from their right of elections totally new But it here it should be objected although the King be dead yet the Parliament 〈◊〉 altered the Government into a Common-wealth and so may if they please chaâ—â—e the Constitution of Parliaments To which I answer Fiâ—st that those company of men at Westminster that gâ—â—e Commission to the High Court of Justice to try and behead the King c. were â—o more a Parliament by Law nor a Representative of the people by the rules of Justice and Reason then such a company of men are a Parliament or Representative of the People that a company of armed Theeves chuse and set apart to try judge 〈◊〉 hang oâ— behead any man that they please or can prevail over by the power of their swords to bring before them by force of arms to have their lives taken away by preâ—â—â—ce of Justice grounded upon rules meerly flowing from their wils and swords for I would fain know any Law in England that authoriseth a company of Servants to punish oâ— correct their Masters or to give a Law unto them or to throw them at their pleasure out of their power and set themselves down in it which is the Armies case wiâ—â—â—â—e Parliament especially at THO. PRIDES late Purge which I call and will 〈◊〉 to be an absâ—lute dissolution of the very essence and being of the House of 〈◊〉 and I would fain see any Law or Reason in Writing or Print to justifie thâ—â— a 〈◊〉 upon my other aâ—â—â—unt then in hindering them from raising a new Warr and froâ— destroying he peoples Liberties by their eternall sitting seeing they keep their power â—â—â—ger by faâ— then their Masters or impowers the people intended they should and also employ it to their mischief by hindering them I mean those that had not acted agaiâ—â—â— the Liberties of the Parliament entering into a mutuall engagement to appoint 〈◊〉 whereby to chuse seeing they cannot all meet in one place themselves and iâ—power new Trustees Commissioners or Representoâ—s to make equall and just Lawes to biâ—â— all and provide for their future well-being there being
and our wise just and long winded â—arliament are willing thershould so do or else almost in nine years time they would have given some satisfactory effectuall answer in those multitudes of Petitions that have year after year been preferred to them complaining of these unsufferable and destroying grievances and yet they can assume to themselves a stile of the Conservators of the Leberties of England in the firsâ— year of Freedom but I wonder where it is for my eyes can see none at all in any kind but rather more bondage then ever witnesse now their Treason-trap c. So English cloath being so great a drugg there that little profit could I expect by my adventure unless I laid out in the return most of my mony in such Commodities as are monopolized by new Patents Ordinances against the Laws and Liberties of England and if I so did when they come here if the Monopolizers catch them they are all lost so here is our Freedom but yet notwithstanding I did order my factor to lay out the most of my mony there in such commodities only being resolved as soon as I could here of the ships arrival in the river of Thames to boord her with half a dozen lusty resolved blades and with my own hand to give the chief Monopolizer's a bâ—ace of pistoll bullâ—ts in his guts or a prick with my Rapier or dager in case he came to take away my goods from me and then to run the hazard of a tryal at common Law to see whether by the Law of God and of England I could not justifie the preservation of my self and my goods from any that come to rob me of them and rather kill him or them that would assault me and them then suffer him or them to take away by force my livelyhood and so by consequence the life of me and my family but the counsell of States robbing me of my liberty by my close imprisonment in the Tower hath frustrated my marchandizing hopes yea and it may be thereby break me to the bargin but if they do when they have seriously cast up their gains by it they will not be six pence the richer though my wiâ—â— and â—â—tle babeâ— may be much more the poorer But to turn back again to my coming out of the North besides the thoughts of my future substance in some honest industrâ—â—â—â— calling or other I spent some time at Westminster to see and satisfie my own understanding how the tâ—â—e sail of things stood at the helm I mean with the three great meâ— of the Army viz. FAIRFAX CROMWELL and IRETON and whether I could finde out they had any real thoâ—â—hts to prosecute their OWN AGREEMENT that so we might have a new equal and just representativâ— which I upon my principles now they had laid Kingly Government aside look'd upon as the only and alone earthly salâ—â— to heal and cuâ—e the wounds of this distâ—acted and dying Nation and to make it flourish once again in peace Trade and all kinde of outward prosperity and without which our wounds could never be heaâ—ed â—r cured by any other means that could be invented oâ— contiâ—â—â—d looking in my own thoughts upon the then smal sitting remnant of the last Parliament as a quite contrary inteâ—est to the peoples good or welfare distributive Justice and universall righteousness being their bane and that which would be the unavoydable ruine by reason of that horrible gâ—ilt they have contracted by their self-seeking unjust wayes upon themselves thâ— great bug-bear the King being now gone they would be necessarily lâ—d for the supportation of themselves in the evill of their wayes and continuance of their intended perpetual Greatnesse to court support and make much of the chief Supporters of all the remaining corrupt Interest in England as the Priests and their robbing Tythes the banc of industry the Laywers and their monopolizing pleadings and all their old and base inslaving corruptions in the execution of the Laws as bad in a manner as the old bondage of Egypt and of old and illegall Charter-mongers the inhaunsers engrossers and Monopolizers of Trade and all the base bondages thereunto belonging the peoples freedoms and liberties being the onely thing now dreaded by them â—â— the only engine to pull down all the steps they have long laid for their elective Kingship and the single injoyment amongst themselves alone and their vassals slaves and creatures of all the great places thereunto belonging and thereupon depending which yet they must not immediately do but go about it gradually and first get the power of seeming legall authority into a narrower compasse then it was in their purged House of Commons that so that might rule counsel and direct their mock Parliament and the Councel of the Army â—ight rule that by means of which what with the service of Irelanâ— c. they might so moâ—â—lize their Army that it in due time might totally become slavish by obeying without dispute what ever their great Officers command them and so unanimously elect and impose upon the people their present generall for their King as the onely fit able and best deserving man in England for that soveraign Place provided under-hand he would ingage too high and mighty Oliver and his Son in law Henry Ireton to be sure to do aâ— they would have him and in his Kingship to promote those that they would have advanced that so one of them might not fail after his decease to succeed him and so in time with their long continued power and wils keep it in their Line as the onely deserving Family in this Nation who saved it from its enemies for their own ends in the day of its distresse whose battels it fought pretendedly for the Liberties of England crying out Jehu like 1 Kings 10. 16. Coâ—e See my zeal therefore in cutting off the Kings head c. and razing out his Family And undoubtedly it is of the Lord for he hath prospered me in it and so he did Judas in betraying Christ and noâ—e hath been able to stand before me When as alas all this successe may be no more but the rod of God to chastise a then more wicked Family designed by God to that destruction for the transgressions sin or blood thereof Yet for all this the heart may be no more upright then John's was which vantingly lifted up by his great suâ—câ—ss took no beed at all to walk in the Law of JUSTICE TRUTH and OBEDIENCE the Lord God of Israel with all his heart but followed after MANS INVENTIONS and DEVICES JEROBOAM'S wickedness to win the golden calfs in DAN and BETHEL for which wickedness and pride of his spirit after all his success in fulfilling the express will and command of God in cutting of from the earth Ahabs family for the transcendent wickedness thereof yet God begun to plague him and in those daies cut ISRAEL shoâ—â— ye and afterward for the pride and wickedness of his posterity unto whom to the
juster or better way of tryall and they 〈◊〉 to provide for our weale but not for oâ—r woe â— par book Doc. p. 150. and 〈◊〉 〈◊〉 doe what they list but what they ought 1 par â—ook dee p. 172. 205. 214. 266. 267. 〈◊〉 494. 497 499. 656. 660. 666. 696. 706. 707. 〈◊〉 2 par fol. 95. Declarat 17 March 164â— p. 6. 21 28 27. For all the idle pratings of any new upstart ' SONS OF BELIAL amongst us such as the Author of the late abominable Book called the DISCOVERER which is commonly reported to be partly Master Frosts Secretary to the 〈◊〉 callâ—d the 〈◊〉 of 〈◊〉 and pâ—incipalâ—y that Apostate IOHN CAN law if 〈◊〉 and now of the Parish of Bâ—w whose conscience by that appeares so bread 〈◊〉 it will without doubt lead him to worship with the Turks Alkeron if it were in 〈◊〉 and fat livings to be got by so doing But let all men in Authority and great place◠〈◊〉 value thei own heads and lives Remember Dudly and Epsons punishments Privy Coâ—cellors to Hâ—nâ—y theâ— eveâ—â—â— for proceeding by the rules of their discretion i◠〈◊〉 〈◊〉 laying aside the tryals by Juries of twelve men the ancient and undoubted birthright of the Subject 4 part inst fol. 41. for which they lost their heads as Traytors for subvertâ—ng the fundamentall Liberties of the people although they had an Act of Parliament viz. 11 Hen. 7. châ— 3. recorded 4 par inst â—ol 40 made by as unquestionable power in Law as ever was in being in England in a free and full Parliament câ—â—sisting of King Lords Spiâ—ituall and Temporâ—ll and Commens to authorise and beat them out in what they did of whom you may read most excellently in Cooks inst viz. 2 par fol. 51 4 par fol. 41. 197 198. 199. And in my musing with my self of their conditionn my thoughts were something to this purpose the actions done and acted by them were either crimes or no crimes crimes as to men they could not be unlesse they were transgressions of a knowne and declared law in being in the Nation before their acts were done for saith the Spirit of Truth Where there is no Law there can be â—â— transgâ—ession Rom. 4. 15. and if so then to punish them for their acts or facts any other wayes or by any other rules manner or methods then is by those Laws against which they had transgressed is expressed and presâ—ibed is very grand injustree and the most righteous and justest men in the world under such practises can never be safe or secure but are alwayes liable in liberty estate and life to be levellâ—d and destroyed by the will mallice and pleasure of the present sâ—aying grand faction in which condition a man differs nothing from a brute beast but in shape But the High Court of Justice erected to try them was a pretended Court of Justice not knowne to the visible and declared law of England being in its constitution altogether against all the English Rules of justice No nor in being when their facts were committed And therefore had no pretence at all being but a new constitution to meddle with Judging of their facts committed before it had a being or was brought forth into the world Besides the erection of it I mean a High Court of Justice to try men for siding with the King in the late warrs against the Parliament is a meer and cleer giving away and surrendring up the legallity of their cause in o the Kings hands telling the people in effect hereby its true we have waged warre against the King but if his sword had been as long as ours he might easily if he had pleased have hanged us all by the rules of Justice for transgressing â— lâ—w in being But we having by the chancâ— of war prevailed against him alass we have no law of our sides by the rules of which we can hang any of his party but must be forced to take away their lives by the rules of our own wills and power by rules of pretended Law mâ—de after their facts committed and for the demonstrating of this unto all that have adhered unto us we Erect a New High Court of Justicely new rules never known in England to try them that so our friends that have adhered to us may see where they are and betimes provide for their own safety and never trust or beleeve OUR DECLARATIONS AND REMONSTRANCES ANY MORE for though we formerly told you we had the Law of our sides yet by our setting up this High Court of Justice to be both parties Jury and Judges we plainly tel you there was no such thing but that then what we told you was lyes and falshoodâ— and that you should beleeve us no more for though then we told you we would maintaine the Law especially of Liberty and Propriety and that it was â— transcendenâ— wickednesse in us to destroy it and by our votes at our wills and pleasures to disposeor levell all the peoples estates liberties and properties yet now we iell you we never in our hearts intended any such thing but that our designe was totally if we did overcome never to keep any of our promises but absolutely to destroy all Law and by our absolute will by all manner of new erected engins to debase and breake the peoples Spirits and to dispose of their liberties estates and lives by the absolute rule of their own wills and as a cleâ—â— demonstration to your understanding that we never intended otherwise we erect this HIGH COURT OF JUSTICE composed of suck 〈◊〉 we know will obey and execute the absolute dictats of our wills â—e they 〈…〉 without ever examining whether our commands be consonant to law reason eqâ—ity justice or conscience being of as absolute implicite faith in belclâ—ering of us because we have promised they shall â—aign with us or under us as ever any papish in the world were believing the Popâ— Thirdly Admit this had been an unquestionable representative of the people Parliament who by veâ—â—â—â— thâ—â—â—â—f hath had a power to levy what mony they had judged convenâ—â—nt upon the peoplâ— bâ—â—â—neral tax for the common safety of the Nation which act both by law and reason â—hâ—y may do yet they cannot in law equity or reason lay all thaâ— tax upon thâ—ee oâ— four men alone and make them bear all the charges of the publick evâ—n so although the Parliament may erect Courts of Justice for the good of the people to administer Law in â—esinitely to all the people of England alike without exeâ—pâ—ion of perâ—ons yet they can neither by Law nor Reason erect a Court of Justice on purpose to try three or four individual persons and no more because it is against common equiâ—y â—â— Englishmen oâ— people being all born free alike and the liberties thereof equally intasted to all alike and therefore in common equity and justice three or four individual persons ought not to be burthened with an iron yoake when
I am acquitted thereby my Lords by the Law of England from any more question about that 〈◊〉 although it should be granted I was never so guilty of it Unto which they replyed to my remembrance in these words A pox on you for a cunning subtill Rogue are you so cunning in the Law that we cannot lay hold of you here but yet for all your parts we will have you to the gallows for leavying Warr upon the traiterous commands of the Parliament against the Kingâ— And here â—aid they wee are sure the â—aw will reach you Whereupon I was immediately aâ—ter laid inâ—â—â—tons and brought to the Bar before the Lord Chief Justice Heath Sir Thomas Gardâ—ed Recorder of London c. and by Indictmâ—â—t aâ—â—oâ—ding to the rules of the Common Law aâ—râ—igned for a traytor for levying War in Oxfâ—â—dshâ—â—e against the King But my Plea to the businesse of Wâ—stminstâ—r and the Pâ—entiâ—â—â— was admitted for good law That being once judiciallâ—â—â—ed and acquiâ—ted I could no more be troubled therefore neithâ—r indeed was â— But according to the punctâ—liâ—es of the Law they gave me all the lair play in the world that the Law would allow me sâ—ffering me to say for my self at the Bar what I pleased releasing me of my close imprisonment and iâ—ons and allowed me pen ink and paper which the Jaylor kept from me upon my pleading before the Judge such usages being altogether contrary to law and that no such usage ought to be exercised in the least upon any prisoner whatsoever that wâ—◠〈◊〉 beaâ—â—ly rude in his impâ—â—lonment and that no supposed â—raitore◠〈◊〉 by law could be put to any paâ—â— or tormâ—nt before coâ—riction And truly Colonel Teâ—â—le I shouâ—d be very sorry and blush for shame 〈◊〉 considering my â—â—rong zeal in the Parliaments cause to see the day that the Parliament of England aâ— least thâ—se that so stile themselves that hath pretended so much righâ—â—â—â—ness and justice should be no more just to the Covaliers against whom they have fought for injustice and and oppression in denying them the benefit of the Law â—hâ—n they are in their power and mercy then the Kings Jadges were to me and other of your prisoneâ—â— when their lives were in their power and mercy in the hight of War and of their 〈◊〉 prosperity and yet granted us the benefit of Law in all things we claimed it in as Capt. Vivers of Bâ—nâ—ury arraigned with me can witnesse as well as my self Now Sir to make application the Parliament not long since when in its poâ—eâ— it was more aâ—unâ—â—ntly unquestionable then now it is after its new force condâ—â—â—â—ed CAPEL HAMBLETON HOLLAND c. to banishment for the very 〈◊〉 now to their charge anâ— thâ—refore in Justice and Law cannot a second time cause them to be adjudged to die for the veâ—y same things It s nothing to me nor to the Kingâ—om for you to say that when that Jâ—dgment pass'd they had so many friends sitting in the House as over-voted the honest Common-wealth's-men to the prâ—judice thereof for the majâ—r part is Parliament or else thâ—re â—s no parliament Therefoâ—e Sir I reason thus Eâ—ther that wherein that Judgment pass'd was a parliament or no Parliament â—if a Parliament then their judgment â—s to themselves especially was binding and the benefit of it they ought not to deny to them whose liveâ— are consâ—rved in it 〈◊〉 it were unjust in it self â—â— to the Nation But if you or any other man shall say it was no Parliament as having forfeited their trust in treating with the King again and so their Judgâ—â—nt not valid then with much more confidence say I this that now fits is no Parliament and so by consequence the High Court of Justice no Court of Justice at all and if for then to execute them upon their Judgment is absolute Murder But I would fain see that honest and valiant man in your House that duâ—st pretest against them for no Parliament But Sir besides this mark the consequence of it to all we Parliamenteers that have acteâ— under you and by vertue of your commands by these Proceedings First You have sold the Bishops Lands and given them thâ—â— bought them as they suppose good security for their quiet enjoyment of their Pâ—rchasâ—s I but within a little whâ—le after part of the very same Parliament alters their mindes and being becomâ—th maâ—or part by forcible Purgations illegall new Recruits or by any other â—ricks â—â—â—â—viâ—es and they vote all those bargâ—ins are unjust and the Purchasers ought to lose both â—eâ—r Land and Mâ—nâ—y where is then that stable security of Parliaments And yet such doings would be as just as your present dealings with CAPEL c. whose preceden◠〈◊〉 a precedent for that and much more of the same nature Bâ—t secondly The samâ— Parliament that condemded Capel c. to Bâ—nishment pass'd mulâ—itudes of Compositions with severall Cavâ—lierâ— as guilty of Tâ—eason in the 〈…〉 of it â—s they And by the same ruleâ—oâ— now condâ—â—n CAPEL 〈◊〉 after you have judged them to banishment you â—â—y adjudge all the compounding Câ—vâ—â—eers to â—â—â—angeâ— after you have adjudged them to composition and so put the Kingdom by 〈…〉 people desperate in an everlasting flame that never will have end becâ—â—se 〈◊〉 is â—o certainty in any of your proceedings but are â—s changeable as the wind thâ—◠〈◊〉 〈◊〉 Thirdly and most principally it is a common maximâ— in Law and Reason both and so declared by your selves 1 part Book Declarat page 281. That those that shall guide themsâ—lves by the judgment of Parliament oughâ— what-ever happen to be secure and free from all account and penalties Bâ—t divers honest men as you now judge them â—ave acted and guâ—ded themselves by the judgment of Parliament as they account yâ—u in taking away the King's life and yâ—t by your dealings with CAPEL c. they are liable to be hanged as â—rayt â—s 〈…〉 a major part of your very House by force or other 〈…〉 shall vote that act 〈◊〉 and all the Actors therein Traitors So that Sir if I have any judgâ—â—nâ— in â—â—e by his very single act towards them you shake the vâ—ry toâ—ndation of the validity of all the Parliamâ—nts Decrees and Judgments at once and mâ—ke 〈◊〉 all the Seâ—uriâ—y and â—ndemnity that those in â—qâ—â—ty ought to enjoy that have acted by you commands aâ—d guided themselves by the judgment oâ— Parliament By meaâ—â— of which you will finde in time you have demolished your own Bulwarks an destroyed your own Fences And for time to come for my part I shall be a thoâ—sand times more wary how I obey all your Commands then ever I was in my life seâ—ing yoâ— are so fickle and unstable that no man knows rationally where to find you or fixedly to what to hold you But if you shall object as some do That that judgment of Bâ—nishment was onely in â—â—ference to the peace with the King and that being broke yoâ— are absolved
The Legall Fundamentall LIBERTIES OF THE PEOPLE of ENGLAND Revived Asserted and Vindicated OR An EPISTLE written the eighth day of June 1649 by Lieut. Colonel JOHN LILBVRN Arbitrary and Aristocratical prisoner in the Tower of London to Mr. William Lenthall Speaker to the remainder of those few Knights Citizens and Burgesses that Col. Thomas Pride at his late purge thought convenient to leave sitting at Westminster as most fit for his and his Masters designes to serve their ambitious and tyrannical ends to destroy the good old Laws Liberties and Customs of England the badges of our freedom as the Declaration against the King of the 7 of March 1648 pag. 23. calls them and by force of arms to rob the people of their lives estates and properties and subject them to perfect vassalage and slavery as he cleerly evinceth in his present Case c. they have done who and in truth no otherwise pretendedly stile themselves the Conservators of the peace of England or the Parliament of England intrusted and authorised by the consent of all the people thereof whose Representatives by election in their Declaration last mentioned pag. 27. they say they are although they are never able to produce one bit of a Law or any piece of a Commission to prove that all the people of England or one quarter tenth hundred or thousand part of them authorised Thomas Pride with his Regiment of Souldiers to chuse them a Parliament as indeed he hath de facto done by this pretended mock-Parliament And therefore it cannot properly be called the Nations or Peoples Parliament but Col. Pride's and his associates whose really it is who although they have beheaded the King for a Tyrant yet walk in his oppressingest steps if not worse and higher JOHN 7. 51. Doth our Law judge any men before it hear him and know what he doth ACTS 24. 23. And he commanded a Centurion to keep Paul and to let him have liberty and that he should forbid none of his acquaintance to minister or come unto him although in ver 5. he was accused for a most pestilent fellow and a mover of sedition throughout all the world ACTS 25. 27. For it seemeth to me unreasonable saith the heathen Judge to send a prisoner and not withall to signifie the crimes laid against him ACTS 28. 30. And Paul IN HIS IMPRISONMENT AT ROME UNDER THE HEATHEN PERSECUTORS dwelt two whole years in his own hired house and received all that came in unto him LONDON Printed in the grand yeer of hypocriticall and abominable dissimulation 1649. SIR FOr distinctionâ— sake I will 〈◊〉 stile you Mr. SPEAKER although it be but to Col. Pride's 〈…〉 Parliament sitting at Westminster not the Nation 's for they never gave him Authority to issue out Writs elect or constitute a Parliament for them and you being their mouth I could not think of any man to whom I could better direct my Lines at 〈…〉 in my grâ—â—t Oppressions by You and your Lord and Master CROMVVEL then your self And therefore cannot now chuse but put you in minde That the 4th April 1648. when I was like unjustly to be destroyed by Mr. Oliver Cromwell in my late unjust and tyrannicall Imprisonment in the Tower I writ you a large Epistle and stiled it in print The prisoners Plea for a Habeas corpus in the 9 10 11 12 13 pages of which I positively accuse Mr. Oliver Cromwell for a wilfull murderer and desire you there to acquaint your House therewith who then had some little face of a Parliament stamp upon it and That I would engage upon my life to prove him to be so by Law You your selves in your Declaration of the 4th March 1647. in answer to the Scotch-Commissioners Papers Declare p. 5. 16. that the subduing the enemies forces in the Nation which then were as you there say wholly subdued suppressed though the Parliament keep up an Army in a time of peace when all the ordinary Courts of Justice were open where only and alone all Law and Justice ought to be dispensed to all Englishmen in all cases whatsoever yea even to Soldiers as well as others as in the aforesaid pages and in Mr. Overtons and My printed Epistle to the Generall in Mr. Lockiers behalf of the 27 April 1649. is by Law undeniably proved which Epistle you may read at the last end of the second Edition of my Picturâ— of the 〈◊〉 to of State And yet about or upon the 15 Nov. 1647. your Wâ—re in Hertford-shire He 〈◊〉 wilfully and ofâ—et-malice murdered Rich. Arnell a freeborn Englishman and so shed the bloud of War in the time of Peace which was Joabs case in reference to Abner and Amasa 2 Sam. 3. 27. and 20. 10. of whom when David delivered his charge to his son Salomon he saith thus Moreover thou knewest also what Joab the son of Zervich did to me and what he did to the two Captains of the best of Israel 〈◊〉 Abner the son of Ner and unto Amasa the son of Jother whom he slew and shed the blood of war in peace and put the blood of war upon his girdle that was about his loins and in his shoâ—s that were on his feet Doe therefore saith he recording to thy wisdom and he not his boâ—ry head get down to the grave in peace 1 Kings 2. 5 6. which charge he accordingly performed and so delivered himself and his Fathers house from the guilt of innocent blood ver 29 30 31 32 33. And you may also remember that upon the 19 of Jan. 1647 at your Barr I openly delivered a formal charge or impeachment of high Treason according to your own Ordinances against the foresaid Mr. Oliver Cromwell and his subtil machevilian son-in-Law Mr. Henry Iveton for their notorious doing that in reference to the King for but the petty acting of which in comparison to theirs they impeached Mr. Denzill Hollis Sir Philip Stapleton c. of high Treason as appeareth in their own Book of Declarations pag. 81 82. Article 2 3. and forcibly expunged them your House as Traytors therefore And in the foresaid pages of my plea for a Habeas Corpâ—â—â— I truly acquaint you with the plot and design Master Cromwell laid to take away my life for but a little opposition to the King whose professed and avowed 〈◊〉 he and his The PLEA it self thus followeth May it please this Honourable Committee I Was commanded by you upon Tuesday the 13 day of this present June 1648 to bring in an Answer this day to the Petition and complaint of Henry Wollastone Kepeer of the prison of Newgate in which Petition he complains that I have brought an action at the common Law against him for detaining me in safe custody according to his duty by vertue of a Warrant from the House of Lords and therefore prayes indemnity for his acting therein in obedience to the Authority of Parliament and his trebble damages and that at common Law there may be no further
distruction Again how can Law be maintained when the free execution of Justice in the ordinary course thereof shall be hindered by you which you in your Declaration 23 of October 1642. 1 par Book Declar pag. 656 call the soule and life of all-Laws which ordinary course of Jestice you in your first Remonstrance page 7 call the common birth-right of the Subject of England And therefore 1 par Book Decl. pag. 660 you own it as your duty to use the best of your endeavours that the meanest of the Commonalty may enjoy their own birth-right freedom and liberty of the Lawes of the Land being equally intitled thereunto with the greatest subject and if so how can you in justice and honour or conscience deprive and ebereave me of my birth right the benefit of the Law of the Land in the ordinary course of Justice in the Judicatures thereof who have done no actrons either by Sea or Land but what doth become an honest true-bred Englishman and constantly in the midst of many deaths maintaining the Laws i and Liberties of my Native Country which actions are consonant to the Authority of Parliament and for the service and benefit thereof and therfore I ought not to be molested and troubled therefore especially by you who in your Declarations in the case of the Five Members declare 1 par Boo. Decl. pa. 39. you are very sensible that it equally imports you aswell to see Justice done against them that are criminous as to defend the just rights and Liberties of the Subjects and Parliament of England but if you shall stop my proceedings at Common Law against Master Wollaston the Jaylour of Newgate for keeping me there against Law by the Lords Order You are so far from punishing the criminous that you justifie the wicked and condemn the righteous break all your Oaths Protestations and Covenants that you have taken to maintain the Laws and Liberties of the Kingdom and dissolve the whole frame and constitution of the Civill Policy and Government of this Kingdom into the originall Law of Nature which crime you taxe the King with 1 par Book Decl. pag. 690. yea and thereby become destructive to the being of the Common-wealth and the safety of the people the preservation of which is the chief end of the Law the institution of all Government as you declare in your Declarations of the 6 of May 1643 17 April 1647. 2 part Book Decla fol. 95. 879. For the Illustration of which I desire to observe this Method First I averre that the House of Lords have not the Least Jurisdiction in the world over me in the case in controversie betwixt us and I am ready upon my life to make this good by the Laws of the Kingdom against all the Judges and Lawyers in England but I conceive I have already so fully done it in my three pleas against the Lords that they are unanswerable viz. First in my Plea before the Committee of the House of Commons where Master Henry Martin had the Chaire 6 Novemb. 1646. And Secondly in my Plea the 20 of October 1647. before another Committee of the House of Commons where M. Iohn Maynard had the Chaire And Thirdly in my Plea before the Judges of the Kings Bench the 8 of May 1648. all three of which I desire to communicate unto your consideration And if the Lords by Law have no originall Jurisdiction over me then no power to summon me nor no power to try me nor commit me Wherefore M. Wollaston by Law ought to have refused to have received my body or detained it in prison by vertue of their illegall warrant which being both illegall in the power that made it in the forme of drawing it up he is liable to make me satisfaction in Law for executing it which at present I illustrate out of your own Declarations which are the most unanswerable arguments against you that I can use Acts 17 26. Titus 1. 12. And first in your Declaration of the 17 of January 1641. 1 par Book Decl. pag. 38. 39. where speaking of the Five Members you say his Majestic did issue forth severall warrants to divers Officers under his own hand for the apprehension of the persons of the said Members which by Law he cannot do there being not all this time any legall charge or accusation or due processe of Law issued against them or any pretence of charge made known to the House of Commons all which are against the Fundamentall Liberties of the Subjects and the Rights of Parliament Whereupon we are necessitited according to our duty to declare That if any person shall arrest M. Hoâ—â—â— Sir Arthur Haslerig Master Pym Master Hamden Master Strode or any of them or any Member of Parliament by pretence or colour of any warrant issuing out from the King onely is guilty of the breach of the Liberty of the Subject and of the Priviledges of Parliament and a publick enemy to the Common-wealth and that the arresting of the said Members or any of them or any Members of Parliament by any Warrant whatsoever without a legall proceeding against them and without consent of that House whereof such a person is a Member is against the Libertie of the Subject and a breach of Priviledge of Parliament and the person which shall arrest any of these persons or any other Member of the Parliament is declared a publick enemy of the Common-wealth Yea and upon the 15 of January 1641 you voted and ordered a Charge to be brought in against Mr. Atturney General Herbert to require of him satisfaction for his great injury and scandal that particularly be had done to the said Mr. Hollis c. and generally to the publick Justice of the Kingdom in so illegally accusing the foresaid five Gentlemen without due processe of Law as appears in your first part Book Declarat pag. 53. And therefore in your Petition of the 2 Feb. 1641. 1 part Book Decl. 67. you rel the King It is your duty to tell him of the injustice done unto the five Members for impeaching them without due processe of Law and to require reparations for them And therefore in your second Petition of the same month 1 par Book Decl. pag. 76. 77. you tell the King again notwithstanding all your importunity the said five Members and the Lord Kimbolton still lie under that heavie charge of Treason to the exceeding prejudice not onely of themselves but also of the whole Parliament And whereas by the expresse Laws and Statutes of this Realm that is to say by two Acts of Parliament the one made in the 37 and the other in the 38 year of the reign of your most noble Progenitor King Edward the 3 it s said If any person whatsoever make suggestion to the King himself of any souls committed by another the same person might to be sent with the suggestion before the Chancellor or Keeper of the great Seal Treasurer and the great Councel there to finde
In all your Declarations you declare that binding and permanent Laws according to the Constitution of this Kingdom are made by King Lords and Commons and so is the opinion of Sir Ed. Cook whose Books are published by your own Order and who in the 2 part of his Institutes fol. 48. 157 and 3 part fol. 22. and 4 part fol. 23. 25. 48. 292. saith that Act that is made by King and Lords in Law binds not nor by King and Commons binds not or by Lords and Commons binds not in Law if so then much more invalid is the single Order of the Lords made against Law and can indemnifie no man that acts by vertue of it and your Ordinances made this Parliament in time of extream necessitie during denounced Wars are by your selves in abundance of your own Declarations esteemed adjudged declared but temporary and invalid as durable Laws which is evidently cleer out of the 1 par Book Decl. p. 93. 102. 112. 142. 143. 150. 171. 173. 179. 207. 208. 267. 277. 303. 305. 382. 697. 705. 709. 727. your expressions in the last page are we did and doe say that the Soveraign power doth reside in the King and both Houses of Parliament and that his Majesties Negative voice doth not import a Liberty to deny things as he pleaseth though never so requisite and necessary for the Kingdom and yet we did not nor do say that such bills as his Majestie is so bound both in Conscience and Justice to passe shall notwithstanding be law without his consent so far are we from taking away his Negative voice And if such Ordinances and Bills as passe both Houses are not Lawes by your own Doctrine without the Kings Consent then muchlesse can the Order of the single House of Lords be Lawes or supersedeaes to the Lawes And besides when divers honest and well-affected Citizens it may be out of a sensible apprehension of the mischiefs that acrue to the Kingdom by having the Supream authority lodged in three distinct Estates which many times so falls out that when two Estates grant things essentially good for the wellfare of the Kingdom the third Estate opposeth it and will not passe it which many 〈…〉 occasions war and bloud-shed to the hazard of the being of the Kingdom for the preventing of which they framed a Petition to your House Entitling it To the Supream Authority of this Nation the Commons assembled in Parliament in which they intreat you to be careful of the mischief of Negative Voices in any whomsoever which said Petition your House upon the 20 of May 1647. Voted to be burnt at the Exchange and Westminster by the hands of the Common Hangman and lately as I am informed there was a Petition of Master John Mildmans presented to your House and it was rejected by them for no other cause but because it had the foresaid title and therfore you your selves having rejected to be stiled the Supream Authority of this Nation I can see no ground or reason how you can upon your own Principles grant a supersedeas to Master Wollaston to overule my action at law against him and so de facto exercise the Supream Authority which in words you would have the Kingdom beleeve you abhorre neither can I iâ— reason or Justice conceive that if now you should own your selves for the Supream Authority of the Nation and the single and absolute Law-Repealers and Law-Makers thereof how you can deprive me of the benefit of those just Laws viz. Magna Charta Petition of Right and the Act that abolished the Star-Chamber that you have not avowedly and particularly declared to be void null and vacated as never to be in use any more in England Again yet in your Protestation in your Vote and Covenant and in your League and Covenant swore to maintain the Laws and Liberties of the Kingdom with your estates and lives and make the Kings Person and Authority but subservient thereunto or dependant thereupon And you have been so zealous to make Votes to disfranchise all those that will not take your Covenant as unfit to bear any Office in the Common-wealth or to give a Vote to chuse an Officer and can it stand with your Justice and Honour to deny me the benefit of that viz the Law which you have been so zealous in forcing the People of England to swear to maintain or can you in Justice and Honor be angry with me for standing for that viz. the Laws and Liberties of England which you have ingaged incited and forced thousands and ten thousands of the people of England to loose their Lives and Blouds for which I amongst others have upon zealous and true principles as hazardously ventured my life for as any man in England O let such an abominable thing be farre from men of honour conscience and honesty and let the fearfull judgments that befell the Hungarians as it were from God from heaven for breaking violating and falling from their faith and Covenant made with Amurah the Second the Sixt Emperor of the Turkes Recorded in the Fourth Edition of the Turkes History sol 267. 269. 273. 277 deterr all Covenant Makers and Covenant takers from breach of their Oaths Covenants and Contracts the breaking of which is highly detested and abhorred of God as a thing that his soul loathe as he declares in Scripture as you may read Exo. 20. 7. Lev. 19. 11 12. Deut. 23. 21 22 23. Psal 15. 4. Eccels 5. 45. Ezek. 17. 13 14 15. 10. 17 18. 〈◊〉 5. 3 4 8. 16. 17. Yea I say let the fearfull judgements wrath and vengeance Recorded by Sir Walter Rawley in his excellent preface to his history of the World that befell Tyrants and Oppressors whoafter they had broke their Oaths Faith Promises and Lawes made with the People and then turned Tyrants deterr you from such practises but especially the fearfull judgments of God that befel the most execrable thirty Tyrants of Athens who after the people of that City had set them up for the Conservators of their Laws and Liberties and who did many things well til they had got power into their own hands which they had no sooner done but they turned it poin blank against the people and fell a murthering robbing spoyling and destroying the innocent people and raised a Guard of three or foure thousand men of their own Mercenary faction whose destruction was fatall by the steeled resolution and valour of seventy faithfull and brave Citizens as you may â—â—ad in Sir Walter Rawleys History Lib. 3. Ch. 9. sec 2 3. Yea the Tyranny of Duke d' Alva cost his Master the King of Spaine the revolt of the Hollanders to his unimaginable losse But to returne did not you and the Lords the other day pass Votes and Communicated them to the Common Councel of London to declare to them and the whole Kingdom you would continue the Government by King Lords and Commons and can it new stand with your Honour and
Justice to goe about to advance a single illegall Order of the Lords above all the Laws made joyntly by you the Lords and King and to make Ciphers of your selves and your House as well as of the King which undeniably you do if you indemnifie Master Wollaston by superseding my action at Common Law against him Again have you not in your Declaration of the 15 of June 1647. in which is contained your Votes to lay the King aside and make no more applications or addresses unto him declared to preserve unto the people their Laws and to governe them thereby sure I am these are your own words having received an absolute denyall from his Majesty The Lords and Commons do hold themselves obliged to use their utmost endeavous speedily to settle the present Government in such a way as may bring the greatest security to this Kingdom in the enjoyment of the Laws and Liberties thereof And can it now stand with your honour and Justice to fall from this and all other your publique Declarations by denying me the benefit of the Law against Master Wollaston that unjustly imprisoned me and Tyrannically and closly imprisoned me to the hazard of my life and being and that by an illegall warrant of the Lords who have no power in Law to commit me or so much as to summon me before them in reference to a tryal much lesse when I do come at their Bar to deal with me like a Spanish Inquisition by examining me upon Interrogatories to insnare my self and refuse to let me see either accuser prosecutor indictment charge or impeachment but presse me againe and again to answer Interogatories against my self and so force me to deliver in a Plea according to my priviledg and the Laws of the Land against their illegall dealings with me and then to wave all pretence of any foregoing crime and commit me the 11 July 1646 to Master Wollaston to New-gate prison during their pleasure for delivering in that my very Plea which hath not a word in it but what is justifiable by Magna Charta and the Petition of Right and then when I am at Newgate by pretence of a Warrant of the 22 of June after for Master Wollaston to cause his servants to break into my Chamber and by force and violence to carry me before the Lords who had nor have no more Jurisdiction over me by the Laws of England to try me passe upon me or condemn me then so many Turks have and when I come there they only look upon me but lay nothing to my Charge neither by word of mouth nor writing but passe an Order in these very words Die Martis 23. Junij Ordered by the Lords assembled in Parliamen That Iohn Lilburn shall stand Committed close Prisoner in th Prison of Newgate And that he be not permitted to have pen ink or paper and none shall have accusse unto him in any kind but his Keeper untill this Court doth take further 〈◊〉 And that is when they 〈…〉 and just which I do confidently beleeve 〈◊〉 never be here is illegall 〈…〉 illegality and Tyranny upon the neck of that and yet Master Wollastone and that Barish fellow Briscoe executed it to the height without any scruple of conscience although they might have as well by vertue of the same Warrant have cut my throat as have used me as they did till the 11 of July 1646. at and upon which day they by force of armes with thirty or forty of the hangmans guard of Halberteers and against all Law and Justice carried me before the Lords upon pretence to hear my Charge read although the Lords had not nor have not in Law the least power in the world to try me or to summon me as hath been notably and undeniably proved in the Case of Sir Iohn Maynard and the four Aldermen in the releasing of whom as the Lords have done if ever they had any Jurisdiction over Commoners in any kind whatsoever they have now 〈◊〉 given it away for they were all impeached by the House of Commons and their impeâ—â—hments transmitted from them before ever they medled with them which I never was and yet flew as high in their Protestations and Declarations against the Lords Jurisdiction over them as ever I did whom notwithstanding for all this without stooping submitting or so much as petitioning the Lords released and of their own accord took all their proceedings against them off the file thereby declaring to the whole Kingdom that their own conscience told them they had no Authority in Law to go about to try them being 〈◊〉 of their Legall Judges though they were impeached by the House of Commons and that they had done nothing but their duty in protesting against them and their Jurisdiction over them Therefore my Lord Munson can it stand with the Justice and 〈◊〉 of your House in your first Remonstrance to the Kingdom pag. 6. to cry 〈◊〉 so bitterly as you do against the Kings Ministers who durst be so bold and presumptuous to break the Laws and suppresse the Liberties of the Kingdom after they had been so solemnly and evidently declared by the Petition of Right by committing divers free men of England to prison for refusing to stoop unto the Commission of Loan whereby many of them contracted such sicknesses as cost them their lives and detaining others close prisoners 〈◊〉 many months together without the liberty of using Books pen ink or pâ—per denying them al the comforts of life all means of preservation of 〈◊〉 nor permitting their Wives to come unto them And for the compleating of that cruelty after yeeres spent in such miserable durance to keep them still in their oppressed condition not admitting them to be bailed according to Law and oppressing and vexing them above measure and the ordinary course of Justice the common birth-right of the Subjects of England wholly obstructed unto them and divers others oppressed by grievous Fines Imprisonments Stigmatizings Mutilations Whippings Pillories Gaggs Confinements Banishments after so rigid a manner as hath not onely deprived men of the society of their friends exercise of their professions comfort of books use of paper or ink but even violated that neer union which God hath established betwixt men and their wivâ—â— by forced and constrained separation whereby they have been bereaved of the comfort and â—â—â—versation one of another Can all these doings be criminous and wicked in the King's Ministers and can your denying of justice for seven yeers together to me that suffered the grievousnesse of these very torments be just and righteous Let God and the world judge whether you by your actions do not justifie all the foregoing unjust proceedings nay and out-strip them in that you your selves do or suffer to be done when you have power enough in your hands to remedy but will not divers of the very self same things to some of the very self same men after in obedience to your commands in the sincerity of their
and the â— part Cooks Reports in Dr. Boâ—hams case See the Army Book Declarat pag. 35. â—9 61. 63. 143. First therefore let us begin with Common Right and we shall easily see this perpetuall Act is against that For it is against common Right that indebted men as most if not all Parliament men arâ— should not pay their debts Or that if any Member of â—â—â—liament do any of the People of England wâ—ong as daily they do by unjust and 〈◊〉 râ—â—â—ble 〈◊〉 of him oâ— them of hiâ— laâ—d or dispâ—ssessing him of his goods 〈…〉 of his fame or doing violence to his person by beating wounding or imprisoning c. that 〈◊〉 sons during their lives by a priviledge of Parliament that was intentionally 〈◊〉 and just in its institution when Parliaments were often and short should be 〈◊〉 and sâ—â—â—red from all manner of question at the Law by any parties so wronged by them is absolutely against common Right Nay and more That this should extend 〈◊〉 â—â—ltitudes of persons besides that are their servants or attendants and also that any oâ— all of these shall have the benefit of the Law in any Court of Justice in England at their pleasure against any man whom they shall pretend wrongs them are such transâ—â—deâ—â— and grievous enormities that common Right abhors and yet this with a thousand 〈◊〉 as much more as bad as these are the fruits of a perpetuall Parliament if they please which tends to the utter destruction of all mens Actions reall personall or mixt who have â—o do with Parliament men as appears expresly by the Statute of Limitations of the aâ— of James chap. 16. which strictly confines all manner of Suits to be commenced within 〈…〉 after the occasion given Secondly For common Reason Parliaments were ordained and instituted as is before truly and legally declared for remedies to redresse publick and capitall grievâ—â—ces thâ—◠〈◊〉 where else could be redressed but it is against reason and the very end of the Institution of Parliament that Parliaments should make and create multitudes of publike and insufferable grievances The law of the Land allowes no protection for any maâ— iâ—ployed in the service of the Kingdom but for a yeer at most as to be free from Suiâ—s and in many Suits none at all howbeit he be in such services But a perpetuall 〈◊〉 may prove a protection in all manner of wickednesse and misdeaâ—â—eanours 〈◊〉 against other men not of the Parliament amongst any of whom they may piâ—k and chuse whom they please to ruinate and destroy and that noâ— for a yeer but for ever which is against all manner of Reason or the shadow or likenesse of it And therefore a◠〈◊〉 Sir Henry Vane said against Episcopal Government in the beginning of his larg◠〈◊〉 of the 11 of June 1641 now in print at a Committee for passing the Bill against â—â—â—â—pall Government so say I of an everlasting or of any Parliament that shall do 〈◊〉 you have done in largely sitting beyond the time of your Commission c. That 〈…〉 thing is destructive to the very end for which it should be and was constituted to be 〈…〉 onely so but does the quite contrary as your House in every particular doth cerâ—aiâ—ly we have cause sufficient enough to lay it aside and not onely as uselesse in that it 〈…〉 its end But is dangerous in that it destroyes and contradicts its end Thirdly For Impâ—ssibilitie The death of thâ— King in law undisputably dissolves the Parliament spoken of in the foresaid act which is pretended to be perpetuâ—ll for 〈◊〉 Writ of Summons that is directed to the Sheriffs by vertue of which Parliâ—â—â—â—◠〈◊〉 are chosen runs in these words King Charles being to have conference and 〈…〉 c upon such a day about or concerning as the words of the Tâ—ieâ—â—â—ial Act hath it the high and urgent affairs concerning his Majestie and he writes US the State and the 〈◊〉 of the Kingdom and Church of England But I would fain know how it's possiblâ— for a Parliament to confer or treat with King CHARLES now he is dead it 's impossible Seâ— 2 H. 5. Cook in Parl. 3. part And therefore the whole current of the Law of England yea Reason it self from the beginning to the end is expresly That the Kings death doth ipso facto dissolve this Parliament though it had been all the time before 〈◊〉 so intire and unquestionable to that very hour and it must needs be so he being in Law yea and by the authority of this very Parliament stâ—led the head the begiâ—â—ing and end of Parliâ—ments See Coâ—ks 4 part Institutes fol. 1. 3. Mr. Pyâ—â—'s for 〈…〉 Straâ—â—ord pag. 8. S. John's forementioned argument against Strafford pag. 42. And therefore as a Parliament in lâ—w 〈◊〉 begin without the 〈…〉 in it 〈◊〉 person 〈◊〉 representatives Cook ibid. so 6. so it is posâ—â—ively 〈◊〉 by his 〈◊〉 〈◊〉 thereby not only the true declared but intended end of their assembling which 〈◊〉 〈◊〉 〈◊〉 and confer with King CHARLES is ceased and thereby a final â—nd is put 〈◊〉 the means that are appointed to attain unto that end And therefore it is as 〈◊〉 for this Parliament or any Parliament to continue as long as they please aâ— for a Parliament to make King Charles alive again Fourthly For Repugnancy That which is but for a time cannot be affirmed to have continuance for ever it is repugnant but this Parliament in the intention of the makers of the Act was to be but for a time not above a yeer at most after the dâ—â—e of the Act as is before proved and declared from their own words And therefore it cannot be reputed perpetual for there is a repugnancy betwixt them Again The King's Writ that summoned this Parliament is the Basis in law anâ— Foundation of this Parliament If the Foundation be destroyed the Parliament falls But the Foundation of it in every circumstance thereof is destroyed And therefore the thing built upon that Foundation must needs fall It is both a Maximâ— in Law and Reason But if it be objected The Law of Necessity requires the continuance of the Parliament against the letter of the Law I answer First It s necessrry to consider whether the men that would have it continue as long as they please be not those that have created the necessities on purpose that by the colour thereof they may make themselves great and potent and if so then that Objection hath no weight nor by any rules of Justice can they be allowed to gain this advantage by their own fault as to make that a ground of their justification which is a great part of their offence And that it is true in it self is so obviouâ— to every unbiased knowing eye it needs no illustration but if it shall be denyed by any of their pens if God please to give further opportunity I shall prove it to the full Secondly I answer There can no necessity be pretended that can be
justifiable for breach of trusts that are conferred on purpose for the redresse of mischiefs and grievances when the trust is perverâ—â—d to the quite contrary end to the increase of mischiefs and grievances yea to the subversion of Laws and Liberties I am sure Mr. Pym by their command and order told the Earl of Strafford so when he objected the like and that he was the King's Counsellor and might not be questioned for any thing he advised according to his conscience But â—aith Mr. Pym pag. 11. He that will have the priviledge of a Counsellâ—â—r must keep within the just bounds of a Counsellour Those matters are the pâ—oper subjects of Counsel which in their times and occasioâ—s may be good or beneficiall to the King or Common-wealth But such Treasons aâ— thâ—se the subversion of the Laws violation of Liberties they can never be good or justifiable by â—ny circumstance or occasion and therefore saith he his being a Counsellour makes his fault much more 〈◊〉 oâ— being committed against a GREATER TRUST And in pag. 12. he answers another excuse of his which was That what he did he did with a good intention It s true saith Mr Pym Some mâ—â—ers â—â—â—tfull and dangerous may be accompanied with such circumstances as may mâ—ke it appear usefull and convenient and in all such cases good intention will justifie 〈◊〉 â—â—unsell But where the matters propounded are evill in their own nature such aâ— the matters are with which the Earl of Strafford is charged viz. To BREAK A PUBLICK FAITH to subâ—ert Laws and Government they can never be justified by any intentions hâ—â— specious or good sâ—â—ver they pretended And that they have perverted the ends of their Trust more then eveâ— Strâ—â—â—ord did I â—â—â—ll instance at present but in 3 partiâ—â—lars the main 〈◊〉 of their 〈…〉 the People â—f their grievances and what their Grievances were 〈…〉 in the Parliaments first Reâ—â—â—strance of the stâ—te of the Kingdom First destruction of 〈◊〉 Trades by Monopolize c. Secondly exhausting of their estates to maintain and promote pernitious designes to their destruction Thirdly their essentiall Liberties 〈◊〉 Freedoms quite destroyeâ— Where is the remedy now hath not the Parliament contraty to that excellent Law against Monopolize of the 21 Jame Chap. 3. of 〈◊〉 erected Monopolise by Oâ—dinances Orders and Votes although in the first month of your sitting you made Orders to throw down Monopolizers out of your House as particularly Whale Oyle White sine Wyer Tyâ—n with many others yea aâ—d coâ—inâ—ing of the old Monâ—polies Merchants Companies that Trade beyond seâ—â— yea and set up for 〈◊〉 that Monopoly of all Monopolies the Excise the bare endevouring of which they callâ—â— unjust and pernitious attempt in the King in the fore-mentioned Declar. pag. 6. And then for exhausting of their estates the King did it by a little Shipmony and Monopolies c but since they begun they have raised and extorted more mony from the people and nation then halfe the Kings from the Conqueror ever did as particularly 1 By Excise 2 Contâ—tbuâ—ions 3 Sequestrations of lands to an infinite value 4 Fifth Pâ—ts 5 Twenty parts 6 Mealâ—nâ—ony 7 Saâ—le of plundered goods 8 Loanes 9 Benevoknces 1â— Collections upon their sost dayes 11 New Impositions or Customes upon Merchandse 12 〈◊〉 maintained upon the charge of pâ—â—â—ate men 13 Fifty Subâ—dies at one time 14 〈◊〉 with Delinquents to an infinitâ— value 15 Sale of Bishops Landâ— 16 Sale of Dâ—aâ— and Chapters Lands and now after the wars are done 17 Sale of King Queen Prinâ—e Duke and the rest of the Câ—ildrens revenue 1â— Saâ—le of their râ—ch goods which cost an infinite surâ—â—â— And 19 To conclude all a tâ—xâ—tion of ninety thousand pound a moâ—th and when they have gathered it pretendedly for the Common-wealthes use divide it by thousands and ten thousands apeece amongst themselves and wipe their mouths after it like the impudent Haâ—â—ot as though they had done no evill and then purchase with it publique lands at small and triviall values O Brave Trustees that have protested before God and the wâ—râ—d againe and againe in the day of their stâ—aits they would never seck themselves and yet besides all this 〈◊〉 all the chiefest and profitâ—blest pâ—aces of the Kingdom â—mongst themselves And then thirdly what regulating of Courts of Justice and abridging of delayes and charges of Law 〈◊〉 have they performed as in their first Remonstrance they promised Nay are they 〈◊〉 worse then they were before the wars and besides then High-Commâ—ssion Star-Chamber and Counsel board were all downe and have they not now made a Star-Chamber High-Commission and Councel-Board of most of their petty Committees but most dreadfull ones of the House and their New-Councel of State as is evident to be seen in my Comrades and my illegall and arbitrary imprisonment and cruel close imprisonment Thirdly Nay have we at all any Law left Master Peters your grand Teacher 〈◊〉 lately to my face we have none but their meer wils any pleasures saving Fellâ—â—s Laâ—â— or Maâ—tiall law where men-Butchers are both informers Parties Jury-men and Judges who have had their hands imbrâ—ed in bloud for above this seven yeares together having served â—â—â—â—â—â—tâ—ship to kâ—lling of men for nothing but mony and so are moâ—e bloudier then Butchers thâ—◠〈…〉 and calve for their own livelihood who yet by the Law of England are net 〈◊〉 â—â—â—â— of any Jury faâ—lâ—se and death because they are conversant in shedding of bloud of beasts 〈◊〉 thereby through a habit of it may not be so tender of the blood of men as the 〈◊〉 â—f England â—eason and Justice would have men to be Yea do not these men by their swoâ—â—â— being but servants give what law they please to their Masters the pretended Law-makers of your house now constituted by as good and â—egall a power as he that râ—bâ— or kilâ—s a man upon the high-way But to conclude this tedious point I shall end it with such an Authority as to thâ—â— ruling men in your House must needs knock the Nail on the â—ead and that is with the Declaration of the Army Your Lords Mâ—sters Lâ—w givers and 〈◊〉 who in their most excellent of Declaratrons of the 14 of June 1647. About the just and fundamentall rights and liberties of themselves and the Kingdom page 40 41 42. of their book of Declarations after they have sufficiently cryed out of Stapleton and his party for abusing deluding and over-swaying the house from their true end for which they were assembled together say thus But yet we are so far from designing or complying to have an absoâ—ute or arbitrary power fixed or settled for continuance in any persons whatsoever aâ— that if we might be sure to obtain it we 〈◊〉 wish to have it so in the persons of any whom we could must confide in or who should appear moâ—â— of our own opinions and principles or whom we might have most personall assurance of or interest in bâ—t we doâ— and
Corporation although the King the root and 〈◊〉 of them be destroyed and although I am not onely a Native and free Denizen of England and served many yeers to learn a Trade in London yet in any considerable Corporation in England can I not with indrustry be suffered to follow a Trade or Merchandizing to get me bread unlesse I be a Free man thereof yea Newcastle the chiefest place in my eye being nigh the aboad of my Father and kindred is so grand iâ—haunsing a Monopolâ—zer that it monopoliseth the River of Time yea and the 〈◊〉 for seven miles distance although it can produce neither Law nor Reason therefore 〈◊〉 onely a large bribing purse of the whole Corporation which they in that Town say is so heavie it will break any private particular mans back which yet I should 〈◊〉 have feared had there been any equall Law to have been had from the Administration thereof in any of the Courts of Justice in England being as well able at least in my own thoughts to plead my own case in Law at any Bar against an inhaunsing Corporation or a Patentee Monopolizer both of which are against the fundamentall Lawâ— and Liberties of England as is notably proved by Cook in his exposition of the 〈◊〉 of Monopolies 3 part Instit fol. 181. 182. c. as any Lawer in England it being 〈◊〉 undoubted right both by Law See 28. Ed. 1. chap. 11. and the Statute that abolished the Star-chamber and Reason to plead mine own cause or any of my friends that will 〈◊〉 and trust me 〈◊〉 any Barristers in the Nation which I will publickly dispute with 〈…〉 any day in the week and for the unjustnesse of Corporations and Monopolies 〈◊〉 are both sons of one father read my forementioned Book called Innocency and Truth jâ—stified from the 46 page to the 63. and my book called Londons Liberties in 〈…〉 covered but especially pag. 21. 22. 36. 38. 41. 43. 44 45. to 58. And my second part of it called Londons Charters pag. 36. 37. to 64. So being for the foregoing reasons block'd off from following a Trade any where else but in or about London where I had the choiâ—â— of three things First Either to set up a Shop in the City which I was staved off from for these Reasons First Because the Court of Aldermen are so oppressive in their Government of the City setting up their own wills humours and irrational ridiculous Customs above both the Law Reason and their own Charters which I knowing so well as I do and which is pretty well anatomized in my foresaid Books I should never bear and so â—e continually in broils which was my earnest desire to avoid Secondly A man cannot well keep any considerable Trade iâ— a Shop but he mâ—st trust much which I man many times hazard the losse of especially in these impoâ—â—ishing times or else to Lâ—w for it which I never loved never having had two Sâ—its in my life that I can remember not onely for the jâ—ngling part of it but also for the tedious chargeable intricate hazardous uncertainty of the proceedings therein as the Judges on purpose have made it to get money for being often in company with an able and a very honest man for a Lawyer with other understanding friends where we 〈◊〉 â—ouble discourses of the abuses of the Law which were particularly instanced to be many I took special notice of two things he often averred to his praise I speâ—â— it besides the proceeding for the most part in an unknown tongue and an unlegible hand as write c. which two things were these that he would make good First According to the practice in Westminster Hall If a man lent another man 100 l. 500 l. or 1000 l. c. and had as good security as any in England can give yet when the day of payment comes if the party be a crafty bâ—ffling man and have a good purse he shall keep a man in the Courts in Westminster Hall three or four yeers in suit let him do the worst he could before he could get his money nay nor never shall get it neither unlesse he have a purse also able in some reasonable measure to bold pace with him but in case in any of that time by sicknesse losse or other câ—suaâ—ties he happen to fall poor and so not able in money to pay fees c. it s lost for ever besides all this the hâ—zards he runs are sufficient by being betrayed bought and sold by his Solicitor or Atturney c. Besides the danger of common Knights of the post to swear the money 's paid c. Secondly He did averre that he would make it good before the Speaker at the Bar of the House of Commons upon his life that for the Chancery which trades men upon book accounts c. are subject often to use and there is not a decree of 100l from one yeares end to the other made in that Court but jumbling all the decrees together one with another some suits holding 10 15 20 30 yeares nay some above but first and last it costs the Pâ—â—intief 500l for eveey hundred pound decreed one with another O brave honest and reforming Parliament who in three dayes might mend all this easily and plainly by a County record by which a Suit never need to be of a months continuance and for which thâ—y have often been Petitioned but yet will not but suffer it to continue worse then they found it for all their great promises in their first Remonstances c. to the contrary yea and give their Judges their places freely and 1000l per annum out of the Coâ—mon-wealths mony besides all their illegall and unfâ—domable fees whereas in the Kings time they had but 200 l. per annum sallery and their fees and most commonly paid 5 6 7 8 9000 l for their places an yet were every whit as just as these are for any thing that over I could hear of to to the contrary and I think I have enquired as diligently into both as any one private man in England hath done so for these reasons I durst not meddle with a shop in London And then in the next place having multitudes of acquaintance both in City and Country I had thoughts out of the Cities Freedom to turn Soap-boyler being a good trade and most vendible for ready mony and in it I met with these discouragements viz. First That there are new Monopolies upon some of the principall materials that makes them double prised to what they used to be which most commonly are all imported from beyond seas as oyl tallow and pot-ashes for which is paid both custome and Excise yea and for the very coles that boyles them 4 or 5s in a Chaldron and scarce any thing free from Excise that belongs to it or to the backs or bellies of the men that work it but the very water and yet notwithstanding when it is boyled and all hazard run as
the universal are only bâ—rthened with a wooden one and therefore in this sâ—â—rt is my judgment that that high Court of Justice was altogether unlawfull in case thâ—se that set it up had been an unquestionable representative of the people or a legall Parliament neither of which they are not in the least but as they have managed their business in opposing all their primitive declared just ends a pack of trayterous self seeking tyranical men usurpers of the name and power of a Parliament I say considering with my self some such things as these are I was something diligent at the beginning of their tryal to see and hear all yea and ofâ—en converseâ— with thâ—mselveâ— but when I came to hear stâ—ut CAPEL make his defence for himself which was before he had any counsel assigned and so GALLANTLY and acâ—utely to plâ—ad the Law and demand the benefit of it which he did as acutely in my judgment as ever I did hear any â—â— an in his own case in my life alledging fiftly the Statuâ—e of 25. Ed 3. chap. â— and cited the very word of those â— notable Statuts for his benefit of the 1 â—â—n 4. chap. 10. and 11 Hen. 7. chap 1. the last of which indemnifies the Kings followers iâ— wars and also cited the first and second of P. and M. chap. 10. and pressed therefrom that â—ll treasons should be tryed by the â—â—les of the common Law and not by extâ—aâ—â—dinâ—ry â—ays and means according to the declared Laws in being citing the petition of right for the proof of that looking round about him and saying I am an English man and the Law is my inheritance and the benefit of the petition of right my birth right if so then saith he lâ—â—king upon the president 〈◊〉 my Jury I see none of my Iury that is to pass upon me I demand the sight of â—â— Jâ—â—y legally pannelled as my right by Law without the verdict oâ— whom I cannot in Law be câ—â—demned and when it wâ—s â—eplyâ—d upon him by the preâ—â—dent that the members of the Court was the Jury he most gâ—â—lanâ—ly and resoluâ—â—ly answered to this effect I 〈◊〉 you will not deny me the beneâ—â—â— of the Law which you â—â—etend you have sought this Seveâ— years to maintain I hope Sir You will not deny mâ— the benefit of the Declarations of those by whose power you sit And producing â—â—e Declaration of the pretended House made the 9th Fâ—br 1648 To maintain the Fundamentall LAVVES of the Nation he held iâ— forth and desired it to be read which was refused by the President telling him They knew it well enough Well then saith he Here 's a Declaration made but the other day wheâ—ein the Parliament declareth That they are fully resolved to maintain and shall and will up hold preserve and keep the Fundamental Lawes of this Nation for and concerning the preservation of the Lives Properties and Liberties of the People with all things incident thereunto with the alterâ—tions touching Kings and House of Lords already resolved in this present Parliament FOR THE GOOD OF THE PEOPLE And saith he It is one of the Fundamentall Liberties of the Subjects of this Kingdom to be tryed by JURIES and I hope you wil not deny me the benefit of the Parliaments Declaration and so break it as soon as it is made but all was to no purpose he must have no Jury but Councell if he would at the denyall of which unto him I confesse my heart was ready to sâ—â—k within me and my spirit was inwardly fill'd full of fire at these wretched men whose now declaâ—ed deâ—igâ—s was cleer to tread under their feet all the Liberties of England notwitâ—standing aâ—â— their oathes and promises to the contrary and then in that â—â—y in â—y own thougâ—â—s I clâ—arly bid adieu unto all Englands glorious amongst men Libâ—â—ties and deaâ—-bought Fâ—eedoms and much adoe had I in the open Court to containe my self fâ—om an aâ—â—wed dâ—teâ—â—ation of their A BOMINABLE WICKEDNES my heaâ—t was so full but being withdrawne I was something free in my discourse in all companies I came in but yet upon the principles of the Law and their own Declarations as being almost overwhelâ—ed to see what I then saw and severall discourses I had with the prisoneâ—s and divers of my books and law pleas with Sir Iohn Maynards and the foure Impeached Aldermen I sent them and much pressed some of them to put their lives upon the hazard of a Plea and protestation against the Jurisdiction of the Court telling them if they dyed upon that score they would not only dy as lovers of the King their principall but also of their Country as brave Englishmen in the eyes of the people whereas if they stooped finally to their Jurisdiction they might easily percâ—ive they were resolved to sacrifice them and if they so died they dyed upon a poor and begparly score yeâ— in a manner upon the deniall of their own principals but the Gentlemen having as â—o me appeared large promises of their lives upon conformity to the Jurisdiction of the â—ourt were meerly gullâ—d thereby of their lives and could scarce ever beleeve the should dye till the house of death came upon them And yet notwithstanding this some of them sent to me to desire me to be one of their Councell to plead for them in matter of Law unto whose friends I returned an Ansâ—er to this effâ—ct That I could not be â—o unworthy in my own estiâ—ation as to plead any plea they could plead for a justifiâ—ation of their â—ctions though I confâ—ssed there were much in Law to be said for them â—f eâ—â—ally as the case stood with them unlesse it were a plea and protestation against their Jurisdictâ—on and so procrastina 〈◊〉 tryall if it were a possible till a new Parliament upon whiâ—h plea I â—ould willingly have veâ—tred my heart blood for thâ—m because my intâ—râ—st and the interâ—st of all the free and honest men in Enâ—lâ—nd was as much concerned in that faâ—â—ll president of that abhominable and wicked Court aâ— Câ—pell or Hambletoâ—s life c. was but they would not venter there and so I declined them And when HOLLAND came to it a Lady and some other of his friends came to me to my house about hiâ— but I was still upon the same string yet sent him word of severall particulars in reference to my Tryall and arrâ—igament at Oxford that was very materiall to his present cause and if he would call me in the open Court as a Witnesse he should sâ—e I would speak my minde freely and effectually although I smarted for so doing and he appointed a day to call me whereupon I went into the Court and conveyed wâ—rd to him I was there but whether his heart failed him or no I know not but he never called me so when I understood they were all in the way of condemnation I took the thid part of Cooks Institutes under my arme to the house doore and made
his trayterous betraying their Country and so consequently all the North to the Earl of Newcastle for which c. â—e better deserved in Law equiry and reason to lose his head then either Hâ—mbleton or stout Capel did for theirs they having betrayed no trust but had the letter of the Law of England c to jâ—stifie them in what they did as â—e most palpably hath done And as for his breaking up the little Parliament his Star chamber wickednesse and his desperate Gun-powder Monopoly with his and his soâ—â— Sir Geoâ—ge Vane's late jugglings in the County of Durham I have pretty well anatomised in my book called The resolved mans resolution page 13. 14. 15. 16. 17. 18. his very having a hand in the Gunpowder Monopoly alone being sufficient long since to throw him out of your House as being uncapable to be â— Member therein as cleerly appears by your Votes and Orders of the 19. and 25 of Nov. 1640. one of which as it is printed in the foresaid Speechâ—â— and Passages pag. 329. thus followeth It is ordered upon the Question That all Projectors and Monopolizers whatsoever or that have had any share in any Monopolies or that â—â—receive or 〈…〉 receives any benefit by any Monopolies or Patent or that have procured any Warrant or Command for the restrainâ— or molesting of any that have refused 〈…〉 themselves â—â— any Proclamation or project are disabled by Order of this House to be â— Member thereof and shall be dealt with as a stranger that hath no power to sit there In the compasâ—e of which Order is â—oth Sir Henry Milâ—â—ore and Lawâ—â—â— VVhittaker and ought in justice for their noâ—orious Monopolising to be both long since thrown out of the House But again to return After I had done as much in the North as I could â—â— present do about my own businesâ—e I came again to London where I fixed up my resolution wholly to devote my self to provide for the future well-being of my wife and children and not without the extraordinariest necessity engage in any publick contests again making it my work to enquire into the true estate of things with the great men that sâ—t at the â—elm and whether the bent of their spirits now after they had taken off the King was to set the Nation free from Tyâ—anny as well as from some they called principal Tyrants and whether or no the drift of all their actions were but a meer changing of persons but not of things or tyranny it self and truly my observations and inquiries brought me in so little satisfaction in the visible intention of the ruling men for all their many solemn Ingagements to the contrary thâ— I looked cleerly at the whole tendency of their wayes to drive at a greater Tyranny then ever in the worst of the Kings Reign before the Parliament was exercised at which I bit my lip but said little and went to no meeting which made many of my old faithfull friends be jealous of me some of whom gave out some private hints that I had now served my self by my pretended Repâ—rations and I was thereby quieted and was become like all the rest of the world and so there was an end of me But I confesse I was in a kinde of deep muse with my self what to do with my self being like an old weather-beaten ship that would fain be in some harbour of ease and rest and my thoughts were very much bent of going into Holland where I conjectured I should be out of harms way and get a little repose And while I was thus musing I heard from thence of a most transcendent â—eight and rage that the Kings party there were in especially about the beheading the late King so that I judged there was no safety for me there especially when I called to minde what the Post-master of Bâ—rrow-brigs and others in York-shire told me as I came up from Newcastle which was that the Câ—â—liers in those parts were most desperate mad at me in particular about the beheading of the late King although I were as far as Newcastle when it was done and refused to give my consent to be one of his Judges although I was solicited so to be before I went out of London yea although I â—â—â—â—edly declared my self at Windsor against the manner and time of their intended dealing with him arguing there very stifly that upon their own principles which led them to look upon all legall Authority in England â—â— now broken they could be no better then murderers in taking away the Kingâ— life though never so guilty of the crimes they charged upon him for as justice ought to be done especially for bloud which they then principally charged upon him so said I and still say It ought to be 〈◊〉 justly 〈◊〉 in case another man murder me and a day a week or a yeer after my brother or friend that is no legall Magistrate execuces him therefore yet this is â—â—â—der in the eye of the Law because it was done by a hand had no Authority to do it And therefore I pressed again and again seeing themselves confess'd all legal Authority in England was broke that they would stay his tryall till a new and equal free Representative upon the Agreement of the well-assected people that had not fought against their Liberties Rights and Freedoms could be chosen and sit and then either try him thereby or else by their Judges sitting in the Court called Kings Bench. But they at Windsor ask'd me how by Law I could have him tryed I told them the Law of England expresly saith Whosoever â—â—rders or kils another shall die it doth not say excepting the King Queen or Prince c. but indefinitely whosoever murders shall â—e and therefore where none is excepted there all men are included in Law But the King is a man Ergo he is included as well as I. Unto which it was objected that it would hardly be proved that the King with his own hands kill'd a man To which I answered by the Law of England â—e that counsels or commissionates others to kill a man or men is as guilty of the fact as he or they that do it And besides the advantage of â—rying of the King by the rules of the Law would be sufficient to declare that no man is born or justly can be made lawlesse but that even Magistrates as well as people are subject to the penall part of the Law as well as the directive part And besides to try him in an extraordinary way that hath no reall footsteps nor paths in our Law would be a thing of extraordinary ill Precedent for why not twenty upon pretended extraordinary cases as wel as one and why not a thousand as wel as twenty and extraordinary cases are easily made and pretended by those that are uppermost though never so unjust in themselves And besides to try him in an extraordinary way when the Law hath provided all the essentials of justice in an
ordinary way and meerly wants nothing if it do want but twelve Kings as his Peerâ— or Equals will nourish and increase in men that erroneous conceâ—â— That Magâ—â—â—rates by the Law of God Nature and Reason are not no nor ought not to be subject to the penal part of the Laws of men as well as the directive part of it which is the bane ruine and destruction of all the Common-wealths in the world I say the confideration of the things fore-mentioned put me off the thoughtâ— of going to Holland my self and then I put the query to my self What course I should being now a free man take for my livelihood for if I and my family lived upon the main stock which was not very much now that I had paid almost all my debts that would soon waste and be gone and to take a place for my future livelihood as I have been offered often and that â—â— considerable one that I could not do for these reasons First because I was not satisfied in the present power or Authority to act under them and so if I should I should be a supporter of so unjâ—st and illegal a fabrick as I judged an everlasting Parliament pâ—rged twice by force of Arms by the hands of their meer mercenary servants to be who were principally raised bired and paid to kil those they esteemed and judged Bears Wolves 〈◊〉 and Pâ—â—kass that took up Arms against the true chast and legally coâ—â—â—â—tuâ—ed Representative of the Nation being not in the least birâ—â— or raised to be the Masters of their Masters or the Lawgivers to the legal Law â—â—kers of the Nation in case of necessity And that an everlasting Parliamnet is dostructive to the very life and soul of the Liberties of this Nation I 〈◊〉 prove first by Law and secondly by Reason And first by Law The Law Books do shew That a Parliament which in its own institution is excellent good physick but never was intended noâ— safely can be used for diet because it is so unlimited and arbitrary was called and held somtimes twice a yeer before the Conquest as is declared by Lambert in his Collection of Laws before the Conquest amongst the Laws of Edgar chap. â— and by Sir Edward Cook in his margent in the ninth page of his par 4. Instâ—â— in the Chaâ—t of High Court of Parliament which with other of the Liberties of England being by force of arms subdued by the Bastard Norman Conquetor although he three severall times took his oath after his being owned for King to maintain their Laws and Liberties as being not able nor judging his Conquest so good just and secure a Plea to hold his new got Crown by as an after mutuall compact with the people or their Representatives over whom he was to rule and therefore as Coâ—k in the foresaid Chapt. pag. 12. declares a Parliament oâ— a kinde of one was held in his time See also 21 Edw. 3 fol 60. and 1 part Institut lib. 2. chap. 10. Sect. 164. fol. 110. a. and came to be more frequently used in his Successors time yea even to be 〈◊〉 in two years in Edward the First or Second's time at which notwithstanding the people grumbled as being an abridgment of their ancient and undoubted Libertie to meet more frequently in their National and publick assemblies to treat and conclude of things for their weal and better being the want of which of ancient time lost this Island to the Romans as Coâ—k declares 4 part 〈◊〉 fol. 9. out of Taâ—itus in the Life of Agricola pag. 306. whereupon it was â—nacted in full Parliament in Edw. the Thirds time That the King who is their Officer of trust should assemble and call them together once every yeer or more often if need require as appears by the Statute of 4 Edw. 3. 14. But because this was not constantly used by that King but there sometimes was intervals of three or four yeers betwixt Parliament and Parliament which was a diminution of the soul and life of all their Liberties viz frequent and often 〈◊〉 Parliaments therefore in the 36 yeer of his Reign annuall Parliaments are provided for again and also the causes of their assembling declared in these very words Item For maintenance of the said Articles and Statutes and redresse of divers mischiefs and grievances which daily happen a Parliament shall be holden every yeer as another time was ordained by a Statute of 4. Edw. 3. chap. 14. But King Charles exceedingly breaking his trust in the frequent calling of Parliaments and dissolving them at his pleasure when they came to treat of any thing that he liked not and so made them uselesse to the Nation both which was against his trust as you notably declare in your Declaration of Novemb. 2. 1642. 1 part Book Decl. pag. 701 702. And of which you most bitterly complain in your first Remonstrance 1 part Book Decl. pag. 5. 6. 11. and in pag. 10. 11 ibidem you declare That his destroying of these two grand Frâ—â—dâ—ms of the People viz. Frequent successive Parliaments and free Dâ—â—aâ—es therein bad corrupted and distempered the whole frame and Government of the Kingâ—â—â— and brought in nothing but wayes of destruction and Tyranny For the preventing of which for the future you got an Act to passe in the sâ—xteâ—â—th yeer of the late King and the first yeer of this long-winded Parliament to 〈…〉 of the two forementioned Acts for an annuall Parliament And further there say thus And whereas it is by experience found that the not holding of Parliaments according to the two forementioned Acts hath produced sundry and great mischiefs and inconveniences to the Kings Majesty the Church and Common-wealth For the prevention of the like mischiefs and inconveniences in time to come Be it enacted by the Kings most excellent Majesty with the consent of the Lords Spirituall and Temporall and the Commons in this present Parliament assembled That the said LAST FOREMENTIONED Laws and Statutes be from henceforth duely kept and observed And you there go on and enact that in case the King perform not this part of his trust in calling annuall Parliaments that then a Trienniall one shall be CALLED BY THE LORD KEEPER c. whether the King will or no. And there being no provision in this Act but that the King might break up this Parliament at his pleasure as before he used to do and so dis-inable you to discharge your trust and duty to the people in providing fit remedies for those many grievances then extraordinarily spread over the whole Nation that the long intermission of Parliaments had occasioned you therefore presse the King to grant an Act that the two Houses might not be dissolved but by your own consents which the King condescended unto the rather because the Scotch Army was then in the Kingdom which he longed to be rid of and which you pretended you could not pay without such an Act these being the true declared and intended