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
Justice to goe about to advance a single illegall Order of the Lords above all the Laws made joyntly by you the Lords and King and to make Ciphers of your selves and your House as well as of the King which undeniably you do if you indemnifie Master Wollaston by superseding my action at Common Law against him Again have you not in your Declaration of the 15 of June 1647. in which is contained your Votes to lay the King aside and make no more applications or addresses unto him declared to preserve unto the people their Laws and to governe them thereby sure I am these are your own words having received an absolute denyall from his Majesty The Lords and Commons do hold themselves obliged to use their utmost endeavous speedily to settle the present Government in such a way as may bring the greatest security to this Kingdom in the enjoyment of the Laws and Liberties thereof And can it now stand with your honour and Justice to fall from this and all other your publique Declarations by denying me the benefit of the Law against Master Wollaston that unjustly imprisoned me and Tyrannically and closly imprisoned me to the hazard of my life and being and that by an illegall warrant of the Lords who have no power in Law to commit me or so much as to summon me before them in reference to a tryal much lesse when I do come at their Bar to deal with me like a Spanish Inquisition by examining me upon Interrogatories to insnare my self and refuse to let me see either accuser prosecutor indictment charge or impeachment but presse me againe and again to answer Interogatories against my self and so force me to deliver in a Plea according to my priviledg and the Laws of the Land against their illegall dealings with me and then to wave all pretence of any foregoing crime and commit me the 11 July 1646 to Master Wollaston to New-gate prison during their pleasure for delivering in that my very Plea which hath not a word in it but what is justifiable by Magna Charta and the Petition of Right and then when I am at Newgate by pretence of a Warrant of the 22 of June after for Master Wollaston to cause his servants to break into my Chamber and by force and violence to carry me before the Lords who had nor have no more Jurisdiction over me by the Laws of England to try me passe upon me or condemn me then so many Turks have and when I come there they only look upon me but lay nothing to my Charge neither by word of mouth nor writing but passe an Order in these very words Die Martis 23. Junij Ordered by the Lords assembled in Parliamen That Iohn Lilburn shall stand Committed close Prisoner in th Prison of Newgate And that he be not permitted to have pen ink or paper and none shall have accusse unto him in any kind but his Keeper untill this Court doth take further 〈◊〉 And that is when they 〈…〉 and just which I do confidently beleeve 〈◊〉 never be here is illegall 〈…〉 illegality and Tyranny upon the neck of that and yet Master Wollastone and that Barish fellow Briscoe executed it to the height without any scruple of conscience although they might have as well by vertue of the same Warrant have cut my throat as have used me as they did till the 11 of July 1646. at and upon which day they by force of armes with thirty or forty of the hangmans guard of Halberteers and against all Law and Justice carried me before the Lords upon pretence to hear my Charge read although the Lords had not nor have not in Law the least power in the world to try me or to summon me as hath been notably and undeniably proved in the Case of Sir Iohn Maynard and the four Aldermen in the releasing of whom as the Lords have done if ever they had any Jurisdiction over Commoners in any kind whatsoever they have now 〈◊〉 given it away for they were all impeached by the House of Commons and their impeâ—â—hments transmitted from them before ever they medled with them which I never was and yet flew as high in their Protestations and Declarations against the Lords Jurisdiction over them as ever I did whom notwithstanding for all this without stooping submitting or so much as petitioning the Lords released and of their own accord took all their proceedings against them off the file thereby declaring to the whole Kingdom that their own conscience told them they had no Authority in Law to go about to try them being 〈◊〉 of their Legall Judges though they were impeached by the House of Commons and that they had done nothing but their duty in protesting against them and their Jurisdiction over them Therefore my Lord Munson can it stand with the Justice and 〈◊〉 of your House in your first Remonstrance to the Kingdom pag. 6. to cry 〈◊〉 so bitterly as you do against the Kings Ministers who durst be so bold and presumptuous to break the Laws and suppresse the Liberties of the Kingdom after they had been so solemnly and evidently declared by the Petition of Right by committing divers free men of England to prison for refusing to stoop unto the Commission of Loan whereby many of them contracted such sicknesses as cost them their lives and detaining others close prisoners 〈◊〉 many months together without the liberty of using Books pen ink or pâ—per denying them al the comforts of life all means of preservation of 〈◊〉 nor permitting their Wives to come unto them And for the compleating of that cruelty after yeeres spent in such miserable durance to keep them still in their oppressed condition not admitting them to be bailed according to Law and oppressing and vexing them above measure and the ordinary course of Justice the common birth-right of the Subjects of England wholly obstructed unto them and divers others oppressed by grievous Fines Imprisonments Stigmatizings Mutilations Whippings Pillories Gaggs Confinements Banishments after so rigid a manner as hath not onely deprived men of the society of their friends exercise of their professions comfort of books use of paper or ink but even violated that neer union which God hath established betwixt men and their wivâ—â— by forced and constrained separation whereby they have been bereaved of the comfort and â—â—â—versation one of another Can all these doings be criminous and wicked in the King's Ministers and can your denying of justice for seven yeers together to me that suffered the grievousnesse of these very torments be just and righteous Let God and the world judge whether you by your actions do not justifie all the foregoing unjust proceedings nay and out-strip them in that you your selves do or suffer to be done when you have power enough in your hands to remedy but will not divers of the very self same things to some of the very self same men after in obedience to your commands in the sincerity of their
souls they have freely adventured their lives and so carried themselves in all their actions towards you that all their adversaries are not able nor ever were to lay in law my crime to their charge for the redresse of all the foresaid grievances and yet the best recompence you your selves give unto them is to toffe and tumble them yeer after yeer from Gaol to Gaol without laying any crime unto their charge denying them the benefit of their Birth-right the Law of the Land keeping thousands of pounds of their own from them and endeavouring in their long imprisonments to starve and murder them their Wives and Children by being worse then the King was to your Members who allowed them three foure and five pounds a man weekly notwithstanding their own great estates to live upon in allowing them never a penny to live upon endeavouring to protect all those unrighteous men that contrary to Law have endeavouted to murder and destory them and take away their lives and beings from the earth And all this is my own case and sufferings from you your selves Therefore Hear O Heavens and give ear O Earth and the righteous God and all just men judge betwixt â—â— And therefore if there be any truth or resolutions in you to stand to any thing that you say and declare I challenge at your hands the benefis of all your Declarations and Remonstrances which are all of my side and particularly the notablest of Declarations of the 6 of May 1643 and 17 April 1646. which was made before my contest with the Lords in which you declare 2 par Book De. fo 95. 879 that although the necessity of war have given some disturbances to loyall proceedings stopped the usuall course of justice 〈◊〉 the Parliament for the preservation of this right to impose and require many great and unusual payments from the good Subjects of this Kingdom and to take extraordinary wayes for the procuring of monyes for their many pressing occasions It having pleased God to reduce our affaires into a more 〈◊〉 condition then heretofore We do declare that we will not nor any by colour of any authority derived from us shall interrupt the ordinary course of Justice in the severall Court of Judicatures of this Kingdom not intermeddle incases of private interest otherwhere determinable unlesse it be in case of male administration of Justice wherein we shall so provide that right be done and punishment inflicted as there shall be occasion according to the Law of the Kingdom and the trust reposed in us Therefore seeing that you that stile your selvs the fountain and conservaâ—â—ry of the Law first par Book Declar. pag. 272 have declared in answer to the Kings Complaint against scandalous pamphlets which was the originall pretence of the Lords quarrelling with me that you know the King hath wayes enough in his ordinary Courts of Justice to punish such seditious 〈◊〉 and Sermons as are any way prejudiciall to his rights honour and authority pag. 208. and if the King the Superior or Creator of the Lords must be tyed in this case to the ordinary Courts of Justice according to the Laws of the Kingdom then much more the Lords the creature or inferiour to the King And therefore I hope you will not be angry with me for refusing obedience to the illegall commands of the single Lords the inferious or hinder me from obtaining Justice according to Law upon those that most barbarously executed them upon me seeing you and the Lords themselves have taught me and all the people of England disobedience to the illegall commands of the King the greater as cleerly appears by your Declarations of July the 12 July 26 1642. 1 par Book Decl. p. 201. 458. 483. The words of which last are That the Lords and Commons in Parliament do Declare That it is against the Laws and Liberties of the Kingdom that any of the Subjects thereof should be commanded or compelled by the King to attend him at his pleasure but such as are bound thereunto by speciall service And if any Messengers or Officers shall by colour of any command from his Majesty or Warrant under his Majesties hand arrest take or carry away any of his Majesties Subjects to any place whatsoever contrary to their wils that it is both against the Law of the Land the Liberty of the Subject and it is to the disturbance of the publick Peace of the Kingdom and any of his Majestie 's subjects so arrested may lawfully refuse to obey such Arrests and Commands To the same purpose you also were and declare in pag. 93. 95. 112. Therefore seeing the Law of the Land is so often by you declared to be the undoubted Birth-right of me as well as the greatest Lord in England or Parliament man whatsoever I earnestly crave and challenge at your hands as much for my self as you did at and from the hands of the King for the Lord Kimbolton and the five Members Sir John Hothan and the Lord Maior Pennington Alderman Foulke Col. Vean and Col. Manwaring viz. the benefit of the Law of England in the ordinary Courts of Justice which is not to be taken or imprisoned pass'd upon nor condemned but by due Processe of Law before a Justice of Peace according to the Law of the Land and not to be imprisoned but for a particular crime in Law expressed in the Commitment by those that have power in Law to commit me nor to be tried or condemned but by presentment c. before a Jury of twelve men of my Peers or equals of the same Neighbourhood where the fact was committed which is as you declare by Sir Edward Cook in 4 part Institutes fol. 41. the ancient and undoubted Birth-right of all the Subjects of England and to have my remedy at Law against all those that shall deal with me contrary to Law And that you challenged all these things for them before-mentioned you may read in your own Declarations pag. 7. 38. 39. 41. 53. 67. 77. 101. 123. 140. 162. 201. 203. 208. 210. 245. 277. 278. 459. 660. 845. All which I cannot doubt but you will grant unto me because it cannot rationally enter into my brest to conceive that you your selves can judge it consonant to Justice to set me and thousands and ten thousands of the people of the Kingdom to fight at your command for the preservation of our birth-right the Law and then for you to deny it unto us and deprive us of it and to recompence us with slavery which we are in when we lose the benefit of the Law Surely this cannot in honour and justice become you that call your selves the Conservators of the Law But if you shall avowedly deny me the benefit of the Law you frustrate your end in making Judges to be in Westminster Hall to execute the Law and put a mock upon the people and dissolve the whole frame and constitution of the civill Policy of the Government of this
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
three quarters of four of the House of Commons and so committed the affairs of Parliament to a few which was never intended by the iâ—powerers but hath always been holden to be against the honor and dignity of a Parliment and that no such Commission can or ought to be granted no not by a â—egall Aâ—â—hâ—rity if self see 4 part Cooks Institutes fol 42. chap. High court of Parliament and send whom of them he pleaseth to prison without charge or declared crime and to stand at the House door in a warlike posture with Swords and Muskets to keep ouâ— whomsoever he pleased against the Law and constitutions of Parliaments which â—ught 〈◊〉 Sit free from the force of Armed men 4 part Institut and let none goe into the House bâ—â— only those that he knew or did beleeve would vote AS HE AND HIS Masters WOULD HAVE THEM For shame let no man be so audaciously and sottishly void of reason as to call Tho. Prides pittifull Junâ—o a Parliament especially those that called avowed protested and declared again and again those to be none thâ—t sate at Westminster the 26 and 27 c. of July 647. when a few of their Members were seared away to the Army by a few houres Tumult of a â—ompany of a few disordred Apprentices And being no Representative of the people no nor so much as a thadow of it much lesse a PARLIAMENT with pretence in Law reason Justice or Naâ—â—â—e can there be for them to alter the constitution of successive and frequent Parliaments and force upon the people the shew of their own wils lusts and pleasures for Laws and rules of Government made by a pretended everlasting nulled Parliament a Councel of State or Star-chamber and a Councel of War or rather by Fairfâ—â— Cromwell and Ireton And so much for my unsati â—â—ednesse in the present Authoritie But secondly In case the Justices either in Law or by reason of the power that now rules England had to my understanding been a thousand times lesse unquestionable then it is and had neither against the rules of reason ejected two parts of three to set up themselves nor outstrip'd its Commission in sitting longer then they should nor never had been forced onâ—e by the Apprentices which the Army called and declared Treason â—nd thâ—se that remained a mock and pretended Parliament and if so theâ— it was dissolved â—â—ing sine die and could legally meet no more at all nor once forced by the Army and then the second time not onely forced but pick'd and culled and one of four left behinde by means of which it was totalâ—y dâ—stroyed and annâ—h lated and none left in a manner but such as â—ould dâ— what those that left them would have them I say if none of all this had been I could not with freenesse of my own spirit live upon the sweat of poor peoples brows by a large Salary for my place who are â—â—in now their Trades are gone their estates spent for the intâ—â—â—ed recovering of their freedoms of which notwithstanding they are cheated and that by their pretended friends and a famine come upon some parts of the Land and thousands ready to starve to pay taxations and Excise for the small beer they drink and the poor clothes they wear thousands of Families having never a penny in the world to buy bread for them their wives and children but what they earn with the sweat of their brows and notwithstanding are almost as much without work as without it and yet out of the bowels and pining bellies of these poor people in this sad and deplorable condition must my salary have come in case I had taken a publick place upon me Therefore when I seriously consider how many men in the Parliamenâ— and else-where of their associates that judge themselves the onely Saints and godly men upon earth that have considerable and some of them vast estates of their own inheritance and yet take five hundred one two three four five six thousand pounds per annum salaries and other comings in by their places and that out of the too much exhausted publick Treasury of the Nation when thousands not onely of the people of the world as they call them but also of the precious and redeemed Lambs of Christ are ready to sterve for want of bread I cannot but wonder with my self whether they have any conscience at all within them or no and what they think of that saying of the Spirit of God That whoso hath this worlds good and seeth his brother hath need and shutteth up his bowles of compassion from him which he absolutely doth that any way takes a little of his little from him how dwelleth the love of God in him 1 John 3. 17. These actions and practiceâ— are so far from being like the true and reall children of the most high that they are the highest oppression theft and murder in the world thus to rob the poor people in the day of their great distresse by Excise Taxations c. to maintain their pomp superâ—â—uities and debauchery and many of those from whom they take it do perish and sterve with want and hunger in the mean time and be deaf and adamant hearted to all their TEARS CRYâ—S LAMENTATIONS and MOURNFUL HOWLING GROANS without all doubt these pretended godly religious men have got a degree beyond those Atheists or fools that say in their hearts There is no God Psal 14. 1. and 53. 1. And these are my reasons with my resolvednesse of walking by a known rule amongst men the declared Law of England for not taking a publick place upon me though I have often been profâ—ered considerable ones yea that very fore-noon the Votes of Treason passed in the House against that honest Book or Addresse for which I am imprisoned called THE SECOND PART OF ENGLAND's NEW CHADâ— DISCOVERED In the third place I considered with my self that seeing I could do neither of those then I must do one of these two first â—ither â—ollow a Trade or else Go and bâ—y 〈◊〉 farme some Land in the Country and when I considered the grand oppressions there as by Tythes which is not onely annually the tenth part of the Husband mans profâ—t to the lazy antichristian time observing Priests but annually the fourth part of his increase labour hâ—zards yea and stock too which Tythes I should sooner 〈…〉 then pay and not onely so but also the Taxations and Excise with that un 〈◊〉 gulf of free-quarter by means of which a great Officer that bore me a spleen amongst whom I have enemies enough with a Pegiment or more or fewer in two or three nights with free-quarter might eat me by force of arms out of house and home and so not only waste the increase but also destroy the principall And so for these â—â—sons I was blocâ—t ost from going to live in the Country Then secondly for a Trade I must either follow it in London or in some other Corporation and in another
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
Property introduce Democracy and Parity and leave nether King nor Gentlemen and so the people will too late discover all this to their costs that they have undone themselves with too much discretion and obtained nothing by their compliance with you and adherence to you but to be destroyed last 1 part Book Declar. pag. 284 285 298 316 320 334 378 514 515 520 521 530 539 543 550 558. 2 Part pag. 100 102 112 113 117. In answer unto all which to disprove what he saith and keep up your rereputations amongst the people for a company of honest men that really sought their good and always intended to be as good as their words promises and engagements in your declarations of the 19 of May 1642. 1 Part Book Decl. Pag 207. you repeat your votes against which the King excepts the weight of which lieth in these words That the Kingdom hath been of late and still is in so eminent danger both from enemies abroad and a popish discontented party at home that there is an urgent and an inevitable necessity for puting the Kingdom into a posture of defence for the safegard thereof and that in this case of extreme danger and his Majesties refusall the Ordinance of Parliament agreed upon by both Houses for the Militia doth oblige the people and ought to be obeyed by the fundamentall Lawes of this Kingdom By all which say you it doth appear That there is no colour of this tax that we go about to introduce a new Law much less to exercise an Arbitrary power but indeed to prevent it for this Law say you is as old as the Kingdom That the Kingdom must not be without a means to preserve it selfâ— and in the conclusion of the same Decl. Pag. 214. speaking of the many difficulties you grapple with the many hazards you undergo in your places you conclude thus yet we doubt not but we shall overcome all this at last if the people suffer not themselves to be deluded with falfe and specious shewes and so drawn to betray us to their own undoing who have ever been willing to hazard the undoing of our selves that they might not be betrayed by our neglect of the trust reposed in us but if it were possible the Kings party should prevail herein yet say you we would not fall through Gods grace still to persist in our duties and to look beyond our own lives estates and advantages as those who think nothing worth the enjoying without the libertie peace and fafety of the Kingdom nor any thing too good to be hazarded in discharge of our consciences for the obtaining of it and shall always repose our selves upon the protection of the Almighty which we are confident shall never be wanting to us while we seek his glory And in your Declaration of the 26 of May 1642 which is an answer to the Kings Declaration of the 4 of May a out the business of Hull in the 1 Part Decl. pag. 263. speaking of the new engine of the Malignant party about the King to beget and increase distrust and disaffection between the King the Parliament and the People We cannot say you be so much wanting to our own innocency or to the duty of our trust as not to clear our selves from those false aspersions and which is our chiefest care to disabuse the peoples minds and open their eyes that under the false shews and pretexts of the Laws of the Land frequently interwoven in his Majesties foresaid Declaration and of their own Rights and Liberties they may not be carried into the road-way that leadeth to the utter ruine and subversion thereof and to destroy them both with their own hands by taking their Lives Liberties and Estates out of their hands whom they have chosen and entrusted therewith and resigning them up unto some evil Counsellors about his Majestie who can lay no other foundation of their own greatness but upon the ruine of this Parliament and in it of all other Parliaments and in them of the freedom of this Nation And these are the men that would perswade the people that both Houses of Parliament containing all the Peers representing all the Commons of England would destroy the Lawes of the Land and Liberties of the People wherein besides the trust of the whole they themselves in their own particulars have so great an interest of honour and estate that we hope it will gain little credit with any that have the least use of reason that such as must have so great a share in the misery should take so much paines in the procuring thereof and spend so much time and run so many hazards to make themselves slaves and to destroy the property of their estates But remarkable are your words in the same Declaration pag. 267. where you say You have given no occasion to his Majestie to declare his resolution with so much earnestness that he will not suffer either or both Houses by their votes without or against his consent to injoyn any thing that is forbidden by the Law or to forbid any thing that is injoyned by the Law for our votes say you have done no such thing and as we shall be very tender of the Law which we acknowledg to be the safegard and custody of all publick and private interests c. And in the same declaration having argued it soundly against the King for the calumniations and aspersions call upon you as you are pleased to call them in p. 270. you have these words All this considered we cannot but wonder that the contrivers of the aforesaid message should conceive the people of this land to be so void of common-sence as to enter into so deep a mistrust of those that they have and his Majestie ought to repose so great a trust in as to dispair of any security in their private estates by dissents purchases assurances or conveyances unless his Majestie should by his vote prevent the prejudice they might receive therein by the votes of both Houses of Parliament as if they who are especially chosen and intrusted for that purpose and who themselves must needs have so great a share in all grievances of the Subject had wholy cast off the care of the Subjects good and his Majestie had soly taken it up And in your most notablest of Declarations made about Agust 1642. 1 Part Book Decl. pag. 491. wherein you indeavour to give an account to the world of the justice of your proceedings in being necessitated to take up armes against his Majesty who you say was then in armes against you and the Kingdom for the suppression of the Lawes and Liberties thereof which you say every honest man is bound to defend especially those that have taken the late Protestation in which Declaration you declare that the long designe which hath been carried on to alter the frame and constitution of the Government of the Kingdom from Law and Liberty to slavery and vassaladge is now come to ripeness there you
go on to declare an Epitome of the Kings dealings with the Kingdom before this Parliament in which time you say the Lawes were no defence nor protection of any mans right all was subject to will and power which imposed what payment they thought fit to drain the Subjects purse of and supply those necessities which ill councels had brought upon the King or gratifie such as were instruments in promoting those illegall and oppresive courses They who yeelded and complyed were countenanced and advanced all others disgraced and kept under that so mens mindes made poor and base and their Liberties lost and gone they might be ready to let go their Religion whensoever they should be resolved to alter it and then ennumerate divers strange actions of his done to the Kingdom since this Parliament and in pag. 494. you declare that after his ill councel had got him from the Parliament then they doc work upon him and upon the Queen and perswade her to retire out of the Kingdom and carry him further and further from the Parliament and so possess him with a hatred of it that they cannot put words bitter enough into his mouth to express upon all occasions they make him cross oppose and envy upon all the proceedings of Parliament incourage and protect all those that will affront it take away all power and authority from it to make it contemptible and of less esteem then the meanest Court draw away the members commanding them to come to him to York and insteed of discharging their duty in the service of the Parliament to contribute their advice and assistance to the destruction of it indeavouring an arbitrary Government a thing say you which every honest Morall man abhors much more the Wisdom Justice and Piety of the two Houses of Parliament and in truth such a charge as no rational man can beleeve is it being unpossible so many several persons at the Houses of Parliament consist of about 600 and in either House all of equall power should all of them or at least the major part agree in Acts of will and Tyranny which makes up an arbitrary Government and most improbable that the Nobility and chief Gentry of this Kingdom should conspire to take away the Law by which they injoy their estates are protected from any act of violence and power and differenced from the meanest sort of people with whom otherwise they would be but fellow servants so having given an answer to his charges laid upon you in pag. 496. you vehemently preâ—â—e the people to come in to the help of the Parliament against the Kings forces And save themselves their Laws and Liberties and though both they and we say you must perish yet have we discharged our consciences and delivered our soules and will look for a reward in heaven should we be so ill required upon earth as to be deserted by the people whom in the next page you tell nothing will satisfie the King and those evill men with him but the destruction of this Parliament and to be Masters of Religion and Liberties to make us Slaves and alter the Government of this Kindom and reduce it to the condition of some other Countryes which are not governed by Parliaments and so by Laws but by the will of the Prince or rather of those who are about him And thersore in the zeal of your Spirits you declare your resolved resolutions to continue firme to maintain the Laws and Liberties of your Country according to your duty saying Woe be to us if we do it not at least doe our utmost endeavours for the discharge of our duties and the saving of our souls and leave the successe to God Almighty and you conclude with these words and therefore we do here require all who have any sence of piety honour or compession to help 2 distressed State and to come in to our aid and assistance And in your reply to the Kings Answer of yours of 26 May 1642. 1 par Book Declar. pag. 693. you declare with indignation your abhorrance of the Kings charging you by your votes to dispose of the peoples lives liberties and estates 〈◊〉 to the Law of the Land throw back the Charge upon himself and those that are about him And in the next page you say thus and for that concerning our inclination to be slaves it is affirmed that his Majestie said nothing that might imply any such inclination in us but sure what ever be ovr inclination slavery would be our condition if we should go aboue to overthrow the Laws of the Land and the propritey of every mans estate and the liberty of his person for therein we must needs be as much Patients as Agents and must every one in his turn suffer our selves what ever we should impose upon others as in nothing we have laid upon other we haue ever refused to do or suffer our selves and that in a high proportion And then when you come in the next page to speake of the Kings charging of you that you afect to be Tyrants because you will admit no rule to Govern by but your own wills yea worse then those thirty most perfect Tyrants of Athens spoken of by Sir Walter Rawley in his third Book of the History of the world Chap. Sect. 2. you abhor the charge with the height of detestation and therefore in the next page unto it being page 696 you say We do still acknowledg that it were a very great crime in us if we had or should do any thing whereby the title and interest of all the Subjects to their lands were destroyed which I say of necessitie must be if they be deprived of the benefit of the Law which is all I crave at your hands and which I hope you will not deny me especially considering in your Declaration of the 10 of June 1642 1 par Book Decla pag. 342 for bringing in mony and plate you positively declare that whatsoever is brought in shall not at all be imployed about any other occasion then to the purposes aforesaid which amongst others are principally for destroying Tyranny maintaining of Liberty and Propriety the free Course of Justice according to the known Laws of the Land but Propriety cannot be maintained if Liberty be destroyed for the Liberty of my Person is more neerer to me then my Propriety or goods and he that contrary to Law and Justice robs or deprives me of the Liberty of my Person the nighest to me may much more by the some reason rob and deprive me at his will and pleasure of my goods and estate the further of from me and so Propriety is overthrowne and destroyed and this if done avowedly by you is distructive to your honours and engagements yea in an absolute violation of all your Oaths and Promises whereby you will be rendred by your own actions in the eyes of the people that trusted you the basest and worst of men fit for nothing but desertion opposition and
with in London who chose Colonel Tichburn Colonel Iohn White Master Daniel Taylor and Master Price the Scrivener And for our party there was by unanimous consent of the Agents from our friends in and about London at a every large meeting chosen Master William Walwyn Master Maximilian Peâ—â—y Master Iohn Wildman and my Self and for the honest men of the Parliament as they were called they had severall meetings at the Bell in Kings-street and at Summerset-house where as I was informed they chose Colonel Henâ—y Martyn Colonel Alexander Rigâ—y Master Thomas Challiâ—â— and Master Scâ—t with one or two more to supply the places of those of them that should be absent at any time about their occasioâ—s so when we camâ— to Winsor the Army men had chosen Commissary Generall Iretâ—â— Sir William Constable and as I remember Colonel Tomlinsoâ— Colonel Baxster Lieutenant Colonel Kelsey and Captain Parâ—â—◠〈◊〉 two of the which last 4 should alwayes make up the number so we had a â—â—ting in their Councel-Chamber at the Castle where we were all of all 〈◊〉 present but only the Parliament men for whom only Colonel Mâ—â—â—â—â— appâ—â—ed and after a large discourse about the foundations of our agreement we departed to our Lodging where Colonel Martyn and we four nicâ—-named Lovellers lockt our selves up and went in good earnest to the consideration of of our Agreement but much was not done in it there because of their haâ—â—â—â—â— London to force and breake up the Parliament which Journy at all was very much opposed by M. Waâ—wyn and many reasons he gave against their 〈◊〉 â—â— London at all the absolute desolution of which their friends in the 〈◊〉 would no ways admit of although Ireton Harison c. commonly stiled it 〈◊〉 a Parliament that had forfeited its trust a mock Parliament and that if they did not totally dissolve it but purge it it would be but a mock Parliament and â— mockpower however for where have we say they either law warrant or 〈…〉 purge it or câ—n any thing justifie us in the doing it but the height of 〈◊〉 to 〈◊〉 the Kingdom from a new war that they with the conjunction with the 〈◊〉 will presently vote and declare for and to procure a new and free representative 〈…〉 successive and frequent free Representatives which this present Parliament 〈◊〉 never suffer and without which the freedoms of the Nation are lâ—st 〈…〉 and 〈◊〉 doing of which can only justifie before God and man ouâ— presâ—â—◠〈◊〉 formr extraordinary actings with and against legall Authority and so all our fighting fruitlesse and this was their open and common discourse 〈◊〉 more of the like nature and to those that objected against their totall â—â—â—â—â—ving or breaking the House and the illegalitie of their intended and 〈◊〉 trying of the King which also was opposed by us till a new and unquestiâ—â—â—ble Representative was sitting as I am able sufficiently by pluralitie of â—â—nesses to prove and justifie yea when they were come to London 〈◊〉 c. and some Members of the House in a Chamber neer the long Gallery iâ— VVhite-hall had a large conference where and to whom he stifly 〈◊〉 the same to their faces calling this Purg'd Parliament a mocks power and 〈◊〉 Parliament which Members I beleeve if there were a necessiry of it I could produce to justifie it for I am sure one of them told me the substance of all the discourse immediatly after it happened So that if it be treason to 〈…〉 a Pretended Parliament a mockpower a mock Parliament yea and to say in 〈◊〉 English that it is no Parliament at all then they themselves are the prâ—â—â— the 〈◊〉 and originall traytoâ—â— and if this be true as true it is then there 〈…〉 Legall Judges nor Justices of Peace in England and if so then all those 〈…〉 executed at Tiburne c. by their sentences of condemnations given against them â—â— meerly marthered and the Judges or Justices that condemned the◠〈◊〉 liable in 〈◊〉 〈…〉 and that justly therefore for acting without a just and â—â—gall â—â—â—mission either from true Regall or true Parliamentary power see for this purpose the notable arguments in the 13 14 but especially 15 page of the second Edition of my late picture of the Councell of State But to 〈◊〉 to our acting to compleat the Agreement all parties chosen of all sides â—â—â—stantly mett at White-hall after the Army came to town saving the Parliament men failed only Master Mortin was most commonly there and a long and â—â—dious â—ug we had with Commissary Generall 〈◊〉 only yea 〈◊〉 whole nights together Principally about Liberty of Câ—â—sciâ—â—â—â— and 〈◊〉 Parliaments punishing where no law provides and very angry and Lordly in his debates many times he was but to some kind of an expedient in the first for peace sake we condescended in to please him and so came amongst the major part of the 16 Commissioners according to our originall Agreement to an absolute and finall conclusion and thinking all had been done as to any more debate upon it and that it should without any more â—doe be promoted for subscriptions first at the Councell of Warre and so in the Regiments and so all over the Nation but alas poor fools we were meerly cheated and cozened it being the principall unhappinesse of some of us as to the flesh to have our eyes wide open to see things long before most honest men come to have their eyes open and this is that which turns to our smart and reproach and that which we Commissioners feared at the first viz. that no tye promises not ingagements were strong enough to the grand Juglers and Leaders of the Army was now made cleerly manifest for when it came to the Councel there came the Generall Crumwell and the whole gang of creature Colonels and other Officers and spent many dayes in taking it all in pieces and there Ireton himself shewed himself an absolute King if not an Emperor against whose will no man must dispute and then â—â—ittlecock 〈◊〉 their Scout Okey and Major Barton where Sir Hardresâ—e VVaâ—â—er sate President begun in their open Councell to quarrell with us by giving some of us base and unworthy language which procured them from me a sharpe retortment of their own basenesse and unworthinesse into their teeth and a CHALLENG from my selfe into the field besides seeing they were like to fight with us in the room in their own Garison which when Sir Hardresse in my eare reproved me for it I justified it and gave it him again for suffering us to be so affronted And within a little time after I took my leave of them for a pack of dissembling juggling Knaves amongst whom in consultation ever thereafter I should scorn to come as I told some of them for there was neither saith truth nor common honesty amongst â—hem and so away I went to those that chose and trusted me and gave publikely and effectually at a set meeting appointed on purpose to
stile to be given to the House of Commons single was accounted an abominable wickednesse in the eye of the chiefest of them Yea I also know the time and am able sufficiently to justifie and prove it that they were absolutely resolved and determined to pull up this their own Parliament by the roots and not so much as to leave a shadow of it frequently then calling it a MOCK-POWER and a MOCK-PARLIAMENT yea and had done it if we and some in the House of our then friends had not been the principall instruments to hinder them we judging it then of two evils the least to chuse rather to be governed by the shadow of a Parliament till we could get a reall and true one which with the greatest protestations in the world they then promised and engaged with all their might speedily to effect then simply solely and onely by the wilâ— of Sword-men whom we had already found to be men of no very tender consciences But to me it is no wonder that they own this for the supreme Power seeing they have totally in Law Reason and Justice broke the Parliament and absolutely by the hands of Tho. Pride set up indeed a mock-MOCK-POWER and a MOCK-PARLIAMENT by pâ—rgiâ—g 〈◊〉 all those 〈◊〉 they 〈…〉 way jeolous of would not vote as they would have them and suffering and 〈◊〉 none to sit but for the major part of theâ— a company of absolute School boys the will like good boyes say their lessons after them their Lords and Masters and 〈◊〉 they would have them and so be a screen as yong H. Vane used to call the King betwixt them and the pâ—ople with the name of Parliament and the 〈◊〉 and imperfect image of legal and just Authority to pick their pockets for theâ— by Assessments and lâ—xâ—â—ions and by their arbitrary and tyrannicall Courts 〈◊〉 Committees the best of which is now â—ecome a perfect Star chamber High-Commission and Councel board 〈◊〉 them their perfect slaves and 〈◊〉 their constant and coâ—tinuall breaking and abasing of their spirits a thing so much complained of against the Eâ—rl of Strafford by the late Parliament 〈◊〉 his tryal especially in M. Pym's notable Speech against him pag. 7 as it is printed 1641 at â—he latâ—r end oâ— a book called Speeches and Passages where speaking against Oppression and the exercise of a tyrannicall and arbitrary powâ—â— the Earl of Stâ—afford sins which now are become more the great mens of the Army â—e saith It is inconfistent with the peace the wealth the prosperity of a Nation it is destructive to Justice the mother of peace to Inductry the spring of wealth â—â— Valour which is the active vertue whereby the prosperity of a Nation can 〈◊〉 be procured confirmed and inlarged It is not only ape to take away Peace and so intangle the Nation with Wars 〈◊〉 doth corrupt Peace and puts such amalignitie into it as produceth the effects of War as he there instanceth in the Earl of Straffords Government And as for Industry and Valour Who will take pains for that saith he which when he 〈◊〉 gotten is not his own or who will fight for that wherein he hath no other intâ—â—est but such as is subject to the will of another The ancient incouragement to 〈◊〉 that were to defend their Countries was this That they were to hazard their persons pro aris socis for their Religion and for their houses But by this arbitrary way which was practised by the Earl in Ireland and counselled here â—â— man had any certainty either of Religion or of his House or any thing else to be his own But besides this such arbitrary courses have an ill operation upon the courage of a Nation by IMBASING THE HEARTS OF THE PEOPLE A servile condition doth for the most part beget in men a slavish temper and disposition Those that live so much under the Whip and the Pillâ—ry and such SERVILE engines as were frequently used by the Earl of Strafford they may have the dregs of valour sullenness and stubbornness which may make them prone to mutinies and discontents But thâ—se nobie and gallant affections which put men on â—rave designes and attempts for the preservation or inlargement of a Kingdom they are hardly capable of Shall it be treason to embase the Kings coin though but a piece of Twelve-pence or Six-pence and must it â—â— needs be the effect of a greater â—reason to EMBASE THE SPIRITS of his Subjects and to set a stamp and CHARACTER OF SERVITUDE upon them when by it they shall be disabled to doe any thing for the service of the King or Common wealth O most excellent and transcendent saying worthy to be writ in a â—able of gold in every Englishmans house But Sir I say No wonder all the things foregoing rightly 〈◊〉 〈◊〉 â—â— own you now as Thomâ—â— Pride hath made you for the 〈…〉 of the Nation although before they would neither submit to the Kings not the Parliament when it was a thousand times more unquestionably 〈◊〉 Law and Reason then now you are but fought against both King and Parliament their setters up conquered them repelled them subdued them and broke them both and so pull'd up by the roots all the legall and visible Magistracy and Authority in the Nation and thereby left none but themselves who stand in parallell to none as they have manage â— their businesse but to a company of murderers theeves and robbers who may justly be dispossessed by the first force that are able to do it as Mr. Pyâ— undenyably and fully proves in the foresaid Speech pag. 3. 9. 11. no pretended Authority that they of themselves and by their swords can set up having in the sight of God or man either in Law or Reason any more just Authority in them then so many Argier Pirats and Robbers upon the Sea have And so much in answer at present to the forementioned part of the Generals Declaration But now to return back after this necessary Digression to my own Sâ—â—â—y of going down into the North where c. I received of my 3000 l. allotted me for my hard suffered for deer purchased and long expected Reparations 400 l. of Sir Arthur Hasterig for sequestred Coles and Iron of Mr. Bowes's and got besides betwixt 100 and 200 l. in Rents Free-quarter and Taxes having eat out the bowels soul and life of them being served in the wood allotted me the principall thing in my eâ—e by old Sir Henry Vanâ— my old bloâ—dy enemy as is in part declared before in page 15 and 16. who hath Treason and crimes enough upon him not onely to throw him out of the House if it were any but also to send him to a Scaâ—â—old or Gallows as is very notably declared in print in England's Birth right pag. 19. 20. 21. in which pages you may read his Charge of High Treason exhibited against him to the Earl of Essâ—x in anno 1643. by severall Gentlemen of the County of Darham for
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