AN IMPEACHMENT OF HIGH TREASON AGAINST Oliver Cromwel and his Son in Law Henry Ireton Esquires late Members of the late forcibly dissolved House of Commons presented to publique view by Lieutenant Colonel Iohn Lilburn close Prisoner in the Tower of London for his real true and zealous affections to the Liberties of his native Country In which following Discourse or Impeachment he engageth upon his life either upon the principles of Law by way of indictment the only and alone legall way of all tryals in England or upon the principles of Parliaments ancient proceedings or upon the principles of reason by pretence of which alone they lately took away the Kings life before a legal Magistracy when there shal be one again in England which now in the least there is not to prove the said Oliver Cromwel guilty of the highest Treason that ever was acted in England and more deserving punishment and death Then the 44 Judges hanged for injustice by King Alfred before the Conquest or then the Lord chief Justice Wayland and his associates tormented by Edw. 1. Or then Judg Thorpe condemned to dye for Bribery in Edw. 3. time Or then the two dis-throned Kings Edw 2. and Rich. 2. Or then the Lord chief Justice Tresillian who had His throat cut at Tyburn as a Traitor in Rich. 2. time for subverting the Law and all his associates Or then those two grand Traytorly subverters of the Laws and Liberties of England Empson and Dudley who therefore as Traytors lost their heads upon Tower-hill in the beginning of Henr. 8. raign Or then trayterous Cardinal Wolsey who after he was arrested of Treason poysoned himself Or then the late trayterous Ship-Money Judges who with one Verdict or Judgment destroyed all our propertie Or then the late trayterous Bishop of Canterbury Earl of Strafford Lord-Keeper Finch Secretary VVindebanck or then Sir George Ratcliff or all his Associates Or then the two Hothams who lost their heads for corresponding with the Queen c. Or then the late King Charls whom themselves have beheaded for a Tyrant and traytor In which are also some Hints of Cautions to the Lord FAIRFAX for absolutely breaking his solemn Engagement with his souldiers c. to take head and to regain his lost Credit in acting honestly in time to come in helping to settle the Peace and Liberties of the Nation which truly really and lastingly can never be done but by establishing the principles of the Agreement of the Fâ—â—â— People that being really the peoples interest and all the rest that went before but particular and selvish In which is also the Authors late Proposition sent to Mr Holland June 26. 1649. to justifie and make good at his utmost hazard upon the principles of Scripture Law Reason and the Parliaments and Armies ancient Declarations his late actions or writings in any or all his Books Ier. 5.26 27 â—8 29. For among my peoyle are found wicked â—en they lye in wait as he that setteth snares they set a trap they catch men As a cage is full of Birds so are their houses full of deceit therefore they are become great and waxen rich They are waxen fat they shine yea they overpass the deeds of the wicked they judg not the cause the cause of the Fatherless yet they prosper and the right of the needy doe they not judg Shall I not visit for those things saith the Lord Shall not my soul be avenged of such a Nation as this Imprinted at LONDON Anno Dom. 1649. The Author to the Courteous Reader COurteous Reader There wanting room at the conclusion of this Discourse to make a Postscript I am necessitated to make it upon the back of the Title page that being the last printed and to acquaint thee that divers weeks agoe this discouse was all in a manner printed which I have been necessitated to keep in ever since by reason of a little liberty I obtained of the day time to visit my sick and distressed family which by sicknes have been sorely afflicted by the wise hand of him that dispenseth all his dealings to those that truly know him in mercy and loving kindnesse with the bowels of a loving father yea in afflictions his seeming frowns hath that end in them to draw the souls of his nigher and closer to himself and that thereby they may truly and substantially see that in the naked injoyment of himself that is not to be found in all earthly or creature objects or delights and his wise hand having thought it fit to exercise my faith and patience by taking away both my Sons from me who were the greatest part of my earthly delight in this world and brought my wife and daughter even to deaths door which affliction I must truly acknowledge made me unfit to think almost of any earthly thing and became unto me a greater tryall of my dependence upon God then ever I had in my life especially being not alone by my self but a company like Jobs with many other bitter ones but my sweet father letting me see his hand in it and being merciful to me in sparing and recovering my wife and daughter and hath as it were brought my spirit to its selfe which hath made me wait for a righteous and hoped for composure betwixt my unrighteous adversaries and my self and which if it had come I had burnt this discourse in whose promises I constantly find nothing but meer delusions and therefore am compelled in my own spirit to let this fly and the rather because Sir Arthur Haâ—â—erig and Colonel Fenwick treacherously and theevishly have not only without any pretence of Law and Justice but their meer wills seized upon above 1000l of my estate in the North but also most maliciously detaine it in their hands and are so resolved to do which action tends to the apparent ruine and destruction of me and the rest of my Family remaining alive whose wickednesse in this particular c. I have hinted at in the following discourse pag 6. 8. as also in the 12 page of the late second edition of my Book Entituled The legall Fundamentall Liberty of the People of England revived the 2 last pages of which I also intreat the Reader carefully to peruse which with other grand oppressions both general and particular remaining upon me in severall particulars and also seing no rationall hopes of any just composure I am resolved being I am in manner a weary of any thing I can see abroad through the assistance of God to be as prodigall of my pen and life for the future as my bloody and tyrannicall adversaries are of their oppression cruelty tyranny and blood-thirstines and so I rest this present August 1649. as much as ever IOHN LILBURN To all the Affectors and Approvers in England of the London Petition of the eleventh of September 1648. but especially to the owners of it by their subscriptions either to it or any other Petition in the behalf of it and particularly to the
upon them unto the distressed and oppressed Commons or people of this Nation yea the setling of which principles is that that will thereby make it evident and apparent unto all rationall and understanding people in the world that the reall and hearty good and welfare of the people of this Nation hath cordially and in good earnest been that that their souls have hunted for and thirsted after in all the late bloody civill wars and contests All the Contests of the Kings party for his Will and Prerogative being meerly Selvish and so none of the peoples interest and the contest of the Presbyterians for their â—â—ke-bate dividing and hypocriticall Covenant no better in the least and the present contest of the present dissembling interest of Independents for the peoples Liberties in generall read the following Discourse pag. 27 28 29 meerly no more but Self in the highest and to set up the false saint and most desperate Apostate murderer and traytor Oliver Cromwel by a pretended election of his mercinary souldiers under the selfe name of the godly Interest to be King of England c. that being now too too apparently all the intended Liberties of the people that ever he fought for in his life that so he might rule and govern them by his Will and Pleasure and so destroy and envassalize their lives and properties to his lusts which is the highest treason that ever was committed or acted in this Nation in any sense or kinde either first in the eye of the Law or secondly in the eye of the ancient but yet too much arbitrary proceedings of Parliament or thirdly in the eye of their own late declared principles of reason by pretence of which and by no rules of Law in the least they took away the late Kings head and life which it there were any Law or Justice in England to be had or any Magistrates left to execute it as in the least there is not I durst undertake upon my life plainly evidently and undeniably to make good the foresaid unparalleld treasons against the foresaid Ol. Cromwel upon against all the three forementioned principles viz Law Parliament and Reason yea and to frame against him such an Impeachment or Indictment which way of Indictments is the true legall and only just way of England to be tried at the Common Law higher and greater then all the charges against the fourty four Judges hanged for false and illegal Judgments by King Alfred before the conquest which with their crimes are recorded in the Law Book called The mirror of Justice Printed in English for Matthew Walbank at Grayes Inn gate 1646. page 239. 240. 241. 242. 243. 244. 245. See also page 196. 197. 207. ibid. Or then the impeachment or accusation Of the Lord chief Justice Wayland and the rest of his brother Judges and Lawyers tormented in Edward the first his time and mentioned in Speeds Chronicle fol. 635. Or then the impeachment in Parliament against Judg Thorp who for taking small bribes against his oath was condemned to die in Edward the third his time of whom you may read in the 3. part Cooks Institut fol. 155 156. and in Mr. Pyms Speech against the Earl of Strafford in the Book called Speeches and Passages of Parliament pag. 9. Or then the impeachment 〈◊〉 a charge of the dethroned King Edward the second in full Parliament the maner of whose dethroning you may notably read in Speeds Chronicle fol. 665. Or then the many Articles of impeachment of the dethroned King Richard the second in full Parliament recorded at large in the Chronicles or History of Will. Martin fol 156. 157. 158. 159. the 8. 10. 12. 15. 21. Articles of which I conceive must remarkable as to the people which are extraordinary well worth the reading for in them the King himself in those dark days of Popery is charged To have perverted the due course of the Law or Justice and Right and that he destroyed men by information without legal examination or tryal and that he had declared the Laws of the Kingdom were in his own Erest just the same thing do Mr. Peters and other mercenary Agents of the Grandees of the Army now constantly declare of them and that by himself and his own authority just Cromwel and Ireton like onely much short of them he had displaced divers Burgesses of the Parliament and had placed such other in their rooms as would better fit and serve his own turn Or then the impeachment of the Lord chief Justice Trisâ—lian who had the worship or honor in Richard the second his time in full Parliament to be apprehended in the forenoon and hanged at Tiburn in the afternoon with his brother Judges viz. Fulthorp Belknay Care Hot Burge and Lockton or their associates Sir Nicholas Bramble Lord Mayor of London Sir Simon Burley Sir William Elinham Sir John Salisbury Sir Thomas Trevit Sir James Bernis and Sir Nicholas Dodgworth some of whom were destroyed and hanged for setting their hands to Judgments in subversion of the Law in advancing the Kings will above Law yea and one of them banished therefore although a dagger was held to his brest to compel him thereunto Or then the indictment of those two grand and notorious traitorly subvertors of the Laws and Liberties of England Empson and Dudley Privy Counsellors to Henry the seventh recorded in Cooks 4. part Institut fol. 198. 199 read also fol 41. ibid. and 2. part Instit fol. 51. Or then the impeachment of that notorious wicked and traiterous man Cardinal Woolsey by King Henry the eight his Privy Councel recorded in the 4. part Cooks Instit fol. 89. 90. 91. 92. 93. 94. 95. Read especially Artic. 17. 20. 21. 23 25 26. 30. 31. 33. 35. 38. 42. in all which he is charged with Arbitrariness and subversion of the Law Or then the impeachment of the Shipmoney Judges who in one judgment did as much as in them lay destroy all the Properties of all the men in England read the notable Speeches against them in Speeches and Passages Or then the impeachment of the Bishop of Canterbury in the late Parliament Or then the impeachment of the Lord Keeper Finch Earl of Strafford Secretary Windebank Sir Richard Bolton Lord Chancellor of Ireland John Lord Bishop of Derry Sir Gerrard Lowther Knight Lord chief Justice of the Common Pleas in Ireland and Sir George Ratcliff all whose impeachments are recorded in a Book intituled Speeches and Passages of Parliament from November 1640. to June 1641. Pag. 76. 77. to 83. and 117. 118. to 143. and 174. and 256. 257. 258. Or then the Articles or charge against the two Sir John Hothams the elder of which kept the King out of Hull the beginning of these Wars when the House of Commons durst not command him positively to do it although they were effectually put upon it by a motion from the younger then sitting in the House and yet they were both beheaded as Traytors for but endevoring to
the Nation In particular we earnestly intreat Fiâ—st that seeing we conceive this Honorable House intrusted by the People with all power to redresse our grievances and to provide security for our Freedoms by making or repealing laws Erecting or abolishing Courts displacing or placine Officers and the like and seeing upon this consideration we have often made our addresses to you and yet we are to depend for all our expected good upon the wills of others who have brought all our misery (g) (g) See the Kings Deccla of the 12 of Aug 1642. 1 part Book Dec. p. 522. 526 528 548. p. 617. 726 728. upon us that therefore in case this Honourable House will not or cannot according to their trust relieve and helpe us that it be cleerly declared that we may know to whom as the Supreame power we may make our present addresses before weperish or be enforced to flie to the Prime Laws of nature (h) (h) See 1 part book Dec. p. 44 150. 182. 426. 637. 690. for refuge 2. That as we conceive all Governours and Magistrates being the Ordinance h) h) See Col. Nath. Fienne's his Speech against the Bishops Canons made in 1640 in a book called Speeches and Passages of Parl. from 3. Novemb. 1640. to June 1641. p. 50 51. 52. of men before they be the Ordinance of God and no authority being of God approbationally but what is erected by the mutual consent of a People and seing this Honorable House alone represent or ought to represent the people of this Nation that therefore no person whatsoever be permitted to exercise any power or authority in this Nation who shall not cleerly and confessedly receive his power from this House and be always accountable for the discharge of his trust to the people in their representers in Parliament or otherwise that it be declared who they are which assume to themselves a Power according to their own wils and not received as a trust from the People that we may know to whose Wills we must be subject and under whom we must suffer such oppressions as they please without a possibility of Justice against them 3. That considering that all just power and Authority in this Nation which is not immediately derived from the people can be derived only from this honourable House and that the People are perpetually subject to Tyranny when the Jurisdiction of Courts and the power and Authority of Officers are not cleerly described and their bounds and limits (i) (i) See your Remonstance of the State of the Kingdom book Dec. p. 6. 8 15. See also the act made this Parliament that abolished the Star-chamber and High-Commission prefixed That therefore the Jurisdiction of every Court of Judicature and the power of every Officer or Minister of Justice with their bounds and limits be forthwith declared by this Honorable House and that it be enacted that the Judges of every Court which shall exceed its jurisdiction and every other Officer or Minister of Justice which shall intermeddle with matters not coming under his Cognisance shall incur the forfeiture of his and their whole estates and likewise That all unnecessary Courts may be forthwith abolished and that the publick Treasury out of which the Officers solely ought to be maintained (k) (k) See the statute of Westminst 1. made 3 Ed. 1 chap. 26. 20 Ed. 3.1 and the Judges Oath made in the 18. of Ed. 3. Ann. 1334. recorded in Pulâ—ons collections of Statutes fol. 144. may be put to the lesse charge 4. That whereas there are multitudes of complaints of Oppression by Committees of this House determining particular matters which properly appertains to the cognizance of the Ordinary Courts (l) (l) See the 29. c. of Mag. Charta Sir Ed. Cooks Exposition upon it in his 2 part Instit f. 46. to 57. and the Petit. of Right of Justice and whereas many persons of faithfull and publick spirits have been and are daily molested vexed imprisoned by such Committees sometimes for not answering Interrogatories and sometimes for other matters which are not in Law criminal and also without any legal Warrants expressing the cause and commanding the Jaylor safely to keep their bodies untill they be delivered by due course (m) (m) See the Petition of Right made in the 3 of the King and Sir Edward Cooks 2 part Institutes f. 52. 53. 315. 589. 590. 591. 615. 616. and 661. of Law And by these oppressions the persons and estates of many are wasted and destroyed That therefore henceforth no particular cause whether criminal or other which comes under the cognizance of the Ordinary Courts of Justice may be determined by this House or any Committe thereof or any other then by those Courts whose duty it is to execute such Laws as this Honourable House shall make and who are to be censured by this House in case of injustice Alwayes exâ—epted matters relating to the late War for indemnity for our assisters and the exact observation of all Articles granted to the adverse (n) (n) See Psa 15.4 Exod. 5.3 Deu. 23.21.22 2 Sam. 21.5 6. Eccl 5.4 5. Party and that henceforth no person be molested or imprisoned by the will or arbitrary powers of any or for such matters as are not crimes (o) (o) See Rom. 4.15 according to Law And that all persons imprisoned at present for any such matters or without such legal Warrants as above-said upon what pretence or by what Authority soever may be forthwith released with due reparations See the Armies Book ofDeclar pag. 11 31. 32. 33. 34 45. 97. 5. That considering its a Badge of our slâ—very to a Norman Conqueror to have our Laws in the French Tongue and it is little lesse then brutish vassalage to be bound to walk by Laws which the people (p) (p) See 36. E. 3. 15 1 Cor. 14.7 8 11 16 19 23. See also the English Chronicles in the Reign of Wil. conqueror cannot know that therefore all the Laws and Customs of this Realm be immediately written in our mother-Tongue (q) (q) See Exo 24.7 31.18 chap. 34. Deut. 30.12 13 14. 5.1 5 24 27 31. and 6.1 6 7 8. and 9.10 and 11.18 19.20 and 27.8 without any abbreviations of words and in the most known vulgar hand viz. Roman or Secretary and that Writs Processes and Enrolments be issued forth entred or inrolled in English and such manner of writing as aforesaid 6. That seeing in Magna Charta which is our native Right it is pronounced in the name of all Courts That we will sell to no man we will not deny or defer to do any man either Justice or Right notwithstanding we can obtain no Justice or Right neither from the common ordinary Courts or Judges nor yet from your own Committees though it be in case of indempnity for serving you without paying a dear price for it that therefore our native (r) (r)
they thought the reputation of the original and chief promoters of that transcendnet gallant and large Petition that so much touches their Copy hold that so if it might be possible the Petition it self might be crusht in the birth before it had brought forth strength sufficient to pull up their rotten tyrannicall Interest by the rootes And after he had done with th Relation at their Bar having giving the Lords as it seemes a flagou of sack and suger they were in pains as it appears till they had communicated some deep draughts of it to their friends of the House of Commons divers of whose rotten Interests were concerned in it as the Lords sons and servants the Patentee Monopolisers the Merchant Adventurers the Lords would be which are principally the chief of Cromwels Faction who having now the power of the Kingdom in their own hands and therefore in their own imaginations can not miss of being within a little time made Barons if not Earls but especeally that grand inslaving Interest the rotten Lawyers of the House divers of whom if the Petition took effect in disabling all Members of that House that are Lawyers to plead at any Bar of Justice would deprive some of them of two or three thousand pound per annum which now they get by their Pleadings by vertue of their beeing Paâ—liament men for if a mans Cause be never so unjust if by large Fees he can get two or three Parliament men to plead it for him he is sure to carry it for the Judges dare as well eat their nailes as displease them for fear of being turned out of their places by them which they more regard then their Oathes which tie them to do impartial Justice I say after he had done his Relation at the Lords Bar a Conference was betwixt both Houses where he again belcht out his most abominâ—ble malicious and false lyes and one being present that heard it came immediatly to me in London and told me of it of which I no sooner heard but immediatly by water of my own accord I posted by boat to Westminster and coming up to the House of Commons door about three or four a clock I found the House to be risen and meeting with some of my friends and acquaintance at the door I told them there I understood the House of Commons had again dealt worse with me then the Heathen and Pagan Romans dealt with Paul who when his adversaries desired Judgment against him they told them that it was not the maner of the Romans to judge or condemn any man before he which is accused have his accuser face to face and have liberty to answer for himself concerning the crime laid against him Act. 25. and yet upon a bare accusation of a single Priest as I was informed they had again committed me to the Tower before they heard me speak one word for myself in which I told my friends freely and openly they had outstript the Heathen and Pagan Romans in Injustice who though Paul by Tertullus the Orator was accused for a pestilent fellow and a mover of sedition among all the Jews throughout the world and a Ringleader of the Sect of the Nazarens Acts 24. yet they would not condemn him before they heard him face to face speak for himself And I further told them this unjust proceeding of the House of Commons against me was but just the same unrighteous measure that they had meted out before unto me for about two years ago I had come Post from Sir Thomas Fairfax Army to bring them glad tidings of his routing of General Gorings Army at Lamport in Somersetshire and being daily waiting at the House door I was a few dayes after by the Speakers means as I have been since largely told Voted upon a bare suggestion to Prison without the House ever so much as calling in my pretended accusers viz. Dr. Bastwick and Colonel Edward King with whom for divers moneths before I had not to the best of my remembrance changed so much as one word or ever so much as calling me in though then at their door to speak one word for my self they Voted and Resolved upon the Question That I should be committed to prison till they please to release me without telling me to this hour wherefore they imprisoned me and from their Serjeant at Arms tossed and tumbled me to Newgate for refusing to make of one of their Committees a High Commission or Spanish Inquisition to answer against all Law and Justice to their Interrogatories And then when they had me at Newgate made an Order of their House to arraign me at Newgate Sessions for no less then my life and Ordered the prime Lawyers about London viz. Master Bradshaw Master Steel Master Walker c. to be my prosecuters and by a law-quirk if it were possible to take away my life from me And yet for all that they being sufficiently baffled by my own pen and the pens of my Friends they sent me One hundred pounds to Newgate as may be supposed to help to bear my charges and released me by Vote of the House as an innocent man after thirteen weeks imprisonment without all that while laying any thing to my charge or so much as ever telling me wherefore they * The full story of which you may read in my Printed Epistle of two sheets dated and in my large Book called Innocency and Truth Justified and in Englands Birth-right Englands misery and remedy and Englands lamentable slavery imprisoned me or who were the prosecutors or informers against me and all this was done unto me by Master Speakers malice principally who though he had not the least pretence or shadow of Crime originally against me yet thought by provocations laid upon me to exasperate and chafe my Spirit and thereupon as it were to force me to do something that might intangle me and be a colourable ground for him to destroy me forgetting although he pretend to be a great Lawyer that maxime of the Law made use of by Judg. Hutton in his Argument in Master Hambdens Case against Shipmoney pag. 49 That that which was defective in the Original is not good by any accident subsequent or as that learned Lawyer the Author of that notable Book called Vox Plebis pag. 20. 43. hath it That which is not good or just but illegal in its original or beginning by tract of time cannot be made just or lawful See also my Grand Plea against the House of Lords pag. 13. I further told my Friends then and there That if I might have but fair play and free liberty to speak for my self I doubted not but to make it as evident as the Sun when it shined at noon-day That at that pretended treasonable meeting at Wappin whereas I understood the parson accused me for plotting the destruction of the Parliament c. I did the House of Commons in its just and fundamental Interest simply considered a peace of the
to speak So preparing for the journey I arrived with other of my friends at Westminster and being not long at the House door where was many friends come downe from London and Southwark to hear and see how things went I addressed my self to the Sergeant of the House to let him know I was there to tend upon the Houses pleasure And he immediately after came out with his Mace and CALLED FOR Mr. MASTERSON THE JUDAS PRIEST and my selfe so in we went and also the Lieutenant of the Tower as my guardian and having given them that due respect that I conceived is due unto their just and true authority though I owe little or none unto the persons that sat there by reason of their grosse abusing and most abominable of their righteous authority the thing that passed so near as my memory to the utmost punctilio will serve me I shal faithfully relate unto you Upon our comming to the Bar where both my lying accuser and my selfe stood the Speaker stept up in his Chaire and commanded Mr. MASTERSON in the name of the House of Commons to give them again a narrative of what he yesterday declared to them So he very formally begun and spoke as freely as if he had learned his Lesson without book and truly I could not but stand amazed at the mans impudence that he durst with so much confidence tell so many lies as he did But giving not much regard unto his accusation to treasure it up in my memory being resolved before hand to take no cognizance of his verball impeachment which in Law was nothing I fixed my mind very seriously upon the Lord Jehovah my old experienced refuge strength and support and was a wrestling with him for the incomes of his own self that so I might speak freely and boldly in his might and power if it were possible to the amazement and terrour of his enemies amongst those that should hear me divers of whom I was confident would lye in wait to catch and intrap me And now and then the House in my apprehension being very full I cast my eie about me to look upon the countenances of the Members and to observe their behaviours most commonly fixing my eie stedfastly upon the Speaker in the Chair Who assoon as he perceived Mr Masterson had done beckoned his hand unto me as I conceived to have me answer the Priest but I stood still and took no notice of his beck at last he wished me to say what I could answer for my self unto it whereupon pausing a little after a congey made unto him I opened my mouth to this effect Mr Speaker I desire in the first place to premise this That I look upon and own this honourable House in its constitution and power as the best legallest and justest interest power and authority that is established in this Kingdom or that all the Commons of England visibly hath for the preservation of their lives liberties and estates And I doubt not but so to speak unto you and so to behave my self before you this present day as thereby to demonstrate to you that I am an honourer an owner and a prizer of this greatest English authority and interest in which as a free Commoner of England I have a little share And therfore if this honourable House please to afford me Paulis PRIVILEDGE that he enjoyed amongst the Heathen and Pagan Roman Governours or Magistrates which was to hear him speak freely for himself before they would condemn him Which liberty and priviledge I freely and largely enjoyed at the hands of the Cavalier Judges at Oxford when I was arraigned in irons before the Lord chief Justice Heath and Sir Thomas Gardiner late Recorder of London for drawing my sword and at your comand adventuring my life for the great interest of the Kingdom involved and single represented in this honourable House in the destruction of which it perisheth who before all the City and Country then assembled in Guild-hall in Oxford gave me free liberty without the least interruption to say what I pleased and to plead for my life in the best manner that all those abilities God had given me would inable me * The enjoyment of which was but my right by Law as appears remarkably in the third part of Cooks Institutes fol. 29. 137. 230. to do The which priviledge and legall and naturall right if you please to grant me I shall speak freely WITH THIS PROTESTATION AND SALVO That I do not speak nor answer out of any dutie or tie that lies upon me by LAW FOR ALL CHARGES IN LAW OUGHT TO BE IN WRITING under the hand or hands of him or them that chargeth and in that form that the Law requires and proceeded in according to the form of the Law of the Land expressed in the 29 Chapter of the great Charter and these Laws which expound it which are mentioned †Which you may at large read in my plea before Mr Corbet recorded in the 8 9 10 pages of it being called The Resolved mans Resolution and Mr John Wildmans notable defence against Masterson called Truths triumphs pag 2. 11 12 13 14. and my late Book of June 8. 1649. entituled The Legall Fundamentals c. p. 6 7 8 9. and nominated in the Petition of Right Which this pretended Vergall charge is not in the least And indeed Mr Speaker in Law it is no charge at all neither in the way this Informer is in can I well have any remedy against him in case he abuses me for as I understand if he tell twenty lies against me I cannot punish him but if he maliciously swear one against me I have his ‖ See Sir Edward Cooks 1 part Institutes fol. 294. b. and 3 part chapt Conspiracy is very remarkable fol. 143. ch Perjury fol. 163 164 165 166. and 4 part fol. 66. ears as my mercy c. therfore a Betraier of my Liberties I should be if I should look upon it as any charge at all and in that consideration return an answer to it and therfore again saving unto me the rights and priviledges of an English man which is to be tried by no other rules or methods for any reall or pretended crime whatsoever then what is declared by the known established and declared Laws of England nor by nor before any other Authority or Magistracy then what the Law hath authorized to be the executors * Which I am sure the House of Commons are not in the least See my Book called The Peoples prerogative p. 40. 41 72 73. and my Book called The Laws Funerall pag. 15 16. And my second Edition of my Picture of the Councel of State pag. 7 8. And my Book of the 8 June 1649. entituled The Legall Fundamentall Liberties of the People of England revived pag. ◠16 17. And Mr Wildmans Truths Triumph pag. 2. 17 18. And the Laws subversion or Sir John Maynards case stated pag. 33 34 35 36.
let me freely tell you I count it my glory and honour amongst the sons of men that I have had so great a hand in forwarding of that Petition as a had And therfore Sir as my crown and glory I shall freely tell you that as soon as I and some other of my true and faithfull Comrades had caused some thousands of that Petition to be printed I did the best I could to set up constant meetings in severall places in Southwark to promote the Petition to which meetings all scruplers and objecters against any thing contained in the Petition might repair unto for satisfaction and I did constantly make one at all such meetings to improve and put forth my abilities to open and unfold the excellency of that Petition and to answer all objections against any particular in it and when there was appointed Trustees in every parish which only did consist of such as had been and stil were active cordial and untainted faithful men to the Liberties and Freedome of their Native Country to take the especial care to promote the Petition effectually and vigorously in their respective Parishes I laboured the most I could to set up the like meetings in London and for that end diverse cordial honest faithful and Noun substantive English-men met openly at the WHALEBONE behind the Exchange where by common consent we chuse out a Committee or a certaine numbâ—r of faithful undestanding men but in regard I abhor to be a betrayer or a mischievous accuser I shal not dare without leave from themselves to name their names but leave you to the information of my illegal and unjust accuser at the Bar or such other as from such as he is you can procure it to withdraw into the next roome to forme a method how to promote it in every Ward in the City and out-parishes and also in every County in the Kingdome and for the more vigorous carrying it one we nominated as he tels you two or three treasurers and a proportion of Collectors to gather up our voluntary contributions which were no greater then some two pence per week others 3 d. some 4 d. some 6 d. some 12 d. 18 d. 2 s. the highest was halfe a crown per weeke and this was and is the voluntary act of every man in himselfe and the end of it was to pay for Printing the Petitions and bearing the charges of those messengers we should have occasion to send downe into the Countries to our friends there to promote the Petitions and I doe acknowledge I have been at diverse other meetings in London and the out-parishes to promote it withall the mighâ— I had and I do further confesse that I wrote a Letter Intituled To my friends and faithfull Country men in Buckingham-shire and Hertford shire that ingaged for me c in a Petition to this House about 13 moneths agoe to desire you to hear judge and determine according to Law and Justice my businesse against the Lords depending in this House either to my justification if innocent or condemnation if guilty And the Copy of the Letter I have by me which when this House shal command me I shal be ready and willing to produce it at this Bar the contents of it being to presse them with all their might and interest to promote this Petition in every parish quite through both the Counties I also went to Darfort in Kent and there was one of those that set my hand to a Letter subscribed to all the in the County of Kent and also I set my hand to a Letter to Colonel Blunt the Copy of both which at the command of this House I shal be ready to present unto you at this Bar and at my comming home I set my hand to a Letter to Captaine Boine in Kent and did besides the best I could to promote the foresaid Petition not only in London but in several other * Yea and I am confident in a moneths longer time if Cromwell and his agents in the House had not hindred us as they did we had got above a hundred thousand hands to it the promoting and prosecuting of which would in all likelyhood have hindred the Wars that followed the innocent bloud shed therein lying principally upon Cromwels score for this constant hindering the setling the liberties of the Nation and prosecuting to death and bonds the prosecutors thereof which bread divisions and they the Wars Counties besides and hearing as before is declared in my foresaid discourse at the House of Commons door the substance of which I againe related at their Bar that some honest people in or about Wappin scrupulled to Petition any more to the House for the reasons before mentioned in p. 16. 17. which I gave the House being desired by some friends to come to the meeting to help to answer their objections I did accordingly and being at the foresaid place there were diverse friends met and the discourse was begun in which with many arguments it was declared that it was our duty to go on with Petitioning to this House againe for that it was all the visible just power that was left in the Kingdome to preserve the peace thereof and though all members thereof did not act as they should yet to do any thing that should destroy the power of the whole it would be a destruction to our selves and the Kingdome for the people being in that mutinous temper by reason of their oppessions and burthens there was no way to keep them in peace and quietnesse but by a vigorous proposing and prosecuting of some universal just things to ease them and for the future to secure them neither was there any safe or sure way for the people to act in to make their grievances known and probably hope for redresse but by Pettiion and that to the House of Commons which was the most our owne interest of any power in England and no man knew at this nick of time what just and righteous things might be produced by and from the House if they should see the people universally own close with so just and gallant a thing as this Petition is and much more to the same purpose which I cannot well remember but this I am sure of that there was not in the whole discourse one dis-ingaging expression to the interest of this House but I dare with much confidence aver it that the whole streame scope and bent of the whole discourse was to lift up and preserve the interest of this House that so it might be the better inabled to do just and righteous things for the whole Kingdome according to the end of the trust they have reposed in you and I dare safely aver it there was not so much as one bit of a mischievous or factious discourse at all the whole tendency of it being to peace Justice and Union And by-and-by there was an objection raised as I remember to this effect I but if the generality
Speaker I shall draw towards a conclusion but being that which followed is printed at large in the 17 18 19 20 22 c. pages of the forementioned Book Calleda Whip for the present House of Lords I for brevities sake shall here passe it over and refer the Reader if he pleases to the perusing of it there where also he will find I was like to be murthered at the House door by their Guard because I would not go to prison but by vertue of a Warrant made according to that forme the law requires all Mittimusses to be but being overpoured with drawn Swords and bent Muskets I was forced to the Tower as a pretended Traytor And therefore to record to posterity the despâ—rate and inveterate malice and hatred of Cromwel and his associats against the Liberties and freedoms of England who to the breadth of an haire are like those wicked men in Christs time unto whom in Mat. 23 13. he thus speaketh But wo unto Scribes and Pharisees Hypocrites for ye shut up the Kingdom of Heaven against men for ye neither goe in you selves neither suffer ye them that are entring to go in Even so traiterous bloody and ambitious Cromwell and his wicked associats wil neither do good themselves in settling the Liberties of England nor suffer those that would to doe it therefore woe unto them hypocrites and painted Sepulchers who for all their fair pretences hate the Liberties of England more then they do the Devil and rather then the people shall enjoy any real good for all the cost and hazards in seaven yeares wars for their Liberties and Freedoms and so rid themselves of their Lordly and tyrannicall yoaks they wil shake Kingdoms and Nations and hazard all yea their own lives by dint of Sword in new and bloody Wars rather then the people shall enjoy their Liberties or those without an imprisonment for Traytors that fairely and justly prosecute them the last war in this Nation and all the innocent blood shed therein lying principally upon Cromwel and Iretons sâ—â—re for breaking all their faith promises and engagements made unto the Kingdom for their glorious sâ—tling of their Liberties which they not only failed in but begun to set up a selfish and Tyrannicall Interest of their own and persecuted unto death and bonds the zealous sticklers for the peoples welfare liberties and freedoms which begot heart burnings and divisions and thereby put the people into fury and madnesse which brought in an inundation of bloudshed For the demonstrating this in part take here A Copy of the Petition for promoting of which M. Iohn Wildman and I were imprisoned a matter of seven months as Traytors which thus followeth To the Supream Authority of England the Commons assembled in PARLIAMENT The earnest Petition of many Free-people of this Nation SHEWETH THat the devouring fire of the Lords wrath hath burnt in the Bowels of this miserable Nation untill it s almost consumed That upon a due search into the causes of Gods heavie judgements we find a) a) Ezek. 24.6.8.9.10 Amos 5 9 10 11 12. Mic. 2.2 3. 3.3.4 9 10 11 12. Nahum 3 1.2.19 Hab. 1.3.4 6. 2.8.11 12 17. Joe 3.6 7 8. that injustice and oppression have been the common Nationall sinnes for which the Lord hath threatned woes confusions and desolations unto any people or nation Wo saith God unto the oppressing City Zeph. 3.1 That when the King had opened the (b) (b) by Ship-mony Loane-mony Coat conduct mony Patents Monopolies c. Flood-gates of injustice and oppression (c) (c) See the Remonstrance of the State of the Kingdom Decem 1641. p. 5 6 7 8 9 10 11 14 15 upon the people and yet peremptorily declared that the People who trusted him for their good could not in or by their Parliament require any account of the discharge of his trust and when by a pretended negative voice (d) (d) See the Kings Answer to the Petition of Right and also the Parlia Remon of May 19. 1642. 1 part Book Dec. pag. 254 284 285. See the Kings Answer to the Par. Dec. of May 26. 1642. p. 298. to Laws he would not suffer the strength of the Kingdom the Militia to be so disposed of that oppression might be safely remedied and oppressours brough to condigne punishment but raised (e) (e) See the Ord. for Militia 1641. 1 Book Dec. p. 89. 105. 106. 114 126. 175 176. 182. 243. 283 292. a War (f) (f) See the Par. Votes May 20. 1642. 1 part Book Dec. 259 See also p. 465. 509 576. 580. 584. 617 618. to protect the Subverters of our Laws and Liberties and maintain Himself to be subject to no accompt even to such oppâ—essions and pursuing after an oppressive power the Judge oâ— the earth with whom the Throne of iniquity can have no fellowship hath brough him low and executed fierce wrath upon many of his adherents That God expects justice from those before whose eyes he hath destroyed an unjust generation Zeph. 3 6 7. and without doing justly and relieving the oppressed God abhor fastings and prayers and accounts himselfe mocked Pro. 15.8 Isa 10 11 12 13 14 15 16 17. 29.13 14. 58.41 5 6 7. 66.2 3. Jer. 6.19 20. 7 9 10 11 14. Amos 5.6 7.15.21 22 23. Mich. 6.6 7 8. That our eyes fall with looking to see the foundations of our Freedome and peace secured by this Honorable Hâ—â—â—e and yet we are made to depend upon the Will of the King and the Lords which were never chosen or betrusted by the People to redresse their grievances And this Honorable House which formerly declared that they were the Representatives of all England and be trusted with our estates liberties and lives 1 part Book of Decla 264. 382. do now declare by their practice that they will not redresse our grievances and settle our freedoms unlesse the King and the Lords will That in case you should thus proceed Parliaments will be rendred wholy uselesse to the People and their happinesse left to depend solely upon the will of the King and such as he by his Paâ—ents creatâ— Lords and so the invaluable price of all the precious English bloud spilt in the defence of our freedoms against the King shall be imbezelled or lost and certainly God the avenger of bloud wil require it of the obstructors of justice and freedom Judges 9 23. That though our Petitions have been burned and our persons imprisoned reviled abused only for petitioning yet we cannot despair absolutely of all bowels of Compassion in this Honorable House to an enslaved perishing people We will nourish some hopes that you will at last consider our Estates are expended the whole trade of the Nation decayed thousands of families impoverished and mercilesse Famine is entring into our gates and therefore we cannot but once more essay to pierce your ears with our dolefull cries for Justice and Freedom before your delays wholy consume
See Sir Edward Cook in his 1 part Inst l. 3. c. 13. Sect. 701. fol 368. Where he positively declares it was the native and ancient rights of all Englishmen both by the Statutes and common Law of England to pay no Fees at all to any administrators of Justice whatsoever See also 2 part Inst f. 74 176 209 210 and 176. And he there gives this reason why Judges should take no Fees of any man for doing his Office because he should be free and at liberty to doe justice and not to be fettred with golden Fees as setters to the subversion or suppression of truth and Justice Right be restored to us which is now also the price of our blood that in any Court whatsoever no moneys be extorted from us under pretence of Fees to the Officers of the Courts or otherwise And that for this end sufficient salaries or pensions be allowed to the Judges and Officers of Courts as was of old out of the common Treasury that they may maintain their Clerks and servants and keep their Oathes uprightly wherein they swear to take no Money or cloaths or other Rewards except meat and drink in a small quantity besides what is allowed them by the King and this we may with the more confidence claim as our Right seeing this honorable House hath declared in case of Ship-money and in the case of the Bishops Canons that not one penny by any power whatsoever could be levyed upon the people without common consent in Parliament and sure we are that the Fees now exacted by Judges and Clerks and Jaylors and all kinde of Ministers of Justice are not setled upon them by Act of Parliament and therefore by your own declared principles destructive to our property (s) (s) See the Articles of high Treason in our Chronicles against Judg Tresilian in Richard the seconds time and the judgment of Iustice Thorpe for taking money in Edward the Thirdâ— time 3 part Cooks Instit fol. 145 146 147 163 164 165. therefore we desire it may be enacted to be death for any Judge Officer or minister of Justice from the highest to the lowest to exact the least moneys or the worth of moneys from any person whatsoever more then his pension or salary allowed from the common Treasury And that no Judg of any Court may continue above three years 7. That whereas according to your owne complaint in your first Remonstrance of the (t) (t) See 1 part Book Dec. p. 9 state of the Kingdom occasion is given to bribery extortion and partiallity by reason that Judiciall places and other Offices of power and Trust are sold and bought that therefore for prevention of all injustice it be forthwith Enacted to be death for any person or persons whatsoever directly or indirectly to bay or sell or offer or receive moneys or rewards to procure for themselves or others any Office of power or Trust whatsoever See for this purpose 12 R 2. c. 2. 5. 6 Ed 6. c. 16. 1 part Cooks Institutes fol. 3â—6 fol. 233 b. and 234 a. 8. Whereas according to Justice and the equitable sense of the Law Goals and Prisons ought to be only used as places of safe custody untill the constant appointed time of speedy tryals (u) (u) See Sir Ed. Cook 1 part Instit l. 3. c. 7. sect 438. fol. 260. a. who expresly saith Imprisonment must be a safe custody not a punishment and that a prison ought to be for keeping men safe not to punish them See also 2 part Institut f 43. 315. 589. 590. 591. 3. part fol. 3â— 35. 4 part 168. and now they are made places of torment and the punishment of supposed offenders they being detained many years without any Legall tryals that therefore it be Enacted that henceforth no supposed offender whatsoever may be denyed his Legall tryall at the first Sessions Assizes or Gaol-delivery after his commitment (w) (w) See the Statute of the 4 E. 3 2. 12 R. 2. 10. and that at such tryal every such supposed offender be either condemned or acquitted 9. Whereas Monopolies of all kindes have been declared by this Honorable House to be against the fundamentall Lawes of the Land and all such restrictions of Trade doe in the consequence destroy not only Liberty but property that therefore all Monopolies whatsoever and in particular that oppressive Company of Merchant-Adventurers be forthwith abolished and a free Trade restored and that all Monopolizers may give good reparation to the Commonwealth and to particular parties who have been damnified by them and to be made incapable of bearing any Office of power or trust in the Nation and that the Votes of this House Novemb. 19. 1640. against their sitting therein may be forthwith put in due execution 10. Whereas this House hath declared in the first Remonstrance of the (x) (x) See 1 part Book Declar. page 14. state of the Kingdome that Ship-money and Monopolies which were imposed upon the people before the late Warre did at least amount to 1400000 l. per annum and whereas since then the Taxes have been double and treble and the Army (y) (y) See the Armies last Representation to the House hath declared that 1300000 l. per annum would compleatly pay all Forces and Garrisons in the Kingdom and the Customes could not but amount to much more then would pay the Navie so that considering the vast summes of moneys raised by proposition-money the fift and twentyeth part sequestâ—ations and compositions excise and otherwise it is conceived much Treasure is concealed that therefore an Order issue forth immediatly from this Honourable House to every parish in the Kingdome to deliver in without delay to some faithfuâ—l persons as perfect an accompt as possible of all moneys levyed in such Town City or Parish for what use or end soever since the beginning of the late Warre and to return the severall Receivers names and that those who shall be employed by the severall Parishes in every Shire or County to carry in those accompts to some appointed place in the County may have liberty to choose the receiver of them and that those selected persons by the severall parishes in every County or Shire may have liberty to invest some one person in every of their respective Counties or places with power to sit in a Committee at LONDON or elswhere to be the Generall Accomptants of the Kingdom who shall publish their Accompts every month to the publick view and that henceforth there be onely one Common Treasury where the Books of Accompts may be kept by severall persons open to the view of all men 11. Whereas it hath been the ancient Liberty of this Nation That all the Free-born people have freely elected their Representers in Parliament and their Sheriffs and (z) (z) 28 Edw. 1. Chap. 8. 13. See 2 part instit fol 174 175 558 559. where Sir Ed. Cook positively declares that in ancient