Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	judge_n	king_n	power_n	3,562	5	5.1146	4	false

Text snippets containing the quad

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

in or about the year 1214. The Prelates Lords and Commons severally and joyntly enacted That forsomuch as neither King John nor any other King could bring his Realme and People to such thraldome but by common consent of Parliament which was never done and that in so doing he did against his Oath at his Coronation besides many other causes of just exception If therefore the Pope thence forwards should attempt any thing therein the King with all his Subjects should with all their forces and powers resist the same and rather hazzard all their lives and livelihood then endure his usu● pation● But if any man should so dote upon those Pagean●s Tyrants Kings the supposed and pretended a●nointed of the Lord as yet not to think it sufficient to prove that not onely the present King Charles his own acknowledgment and confession will be of force sufficient to pull all Scales of blindnesse from their eyes and all hardnesse and unbelievingnesse of heart from their hearts His own words in his answer to the House of Commons first Remonstrance Book Declar. pag. 25. are these We have thought it very suitable to the duty of Our place and pag. 29. and We ●aith he doubt not it will be the most acceptable Declaration a King can make to his Subjects that for Our part We are resolved duly not only to observe the Lawes Our Self but to maintain them agrinst what opposition soever though with the hazard of Our Being and a little below We acknowledge it a high crime saith he against Almighty God and inexcusab●● to Our good Subjects of Our three Kingdomes if We did not to the utmost imploy all Our power and faculties to the speediest and most effectuall assistance and protection of that distressed people of Ireland And in his Message 28 April 1642. page 157. speaking of the Militia he saith We conceive it prejudiciall to Our Self or inconvenient for Our Subjects for whom We are trusted and page 167. Himself saith That if the Prerogative of the King over-whelme the Liberty of the People it will be turned to tyrannie And he himself page 284. defines tyrannie to be nothing else but to admit no rule to govern by a mans own will But above all the rest remarkable is his own confession in his answer to the Parliaments Declaration of the 19. May 1642. where in page 152. He honestly and plainly acknowledgeth that He is to give an account of his Office not only to God but also to his other Kingdoms But as the Parliament saith page 701. This is a strange Paradox that his Majesty by his own Confession owes an ●account to his other Kingdomes of his Office and Dignity of a King in this kingdome itself where he resides and hath his being and subsistence And in page 311. He acknowledgeth God hath entrusted Him with his regallity for the good of his People and if it be for their good then not for their mischief and destruction but God hath entrusted him and how is that The truth is God is no more the Author o● Regall then of Aristocratical power nor of Supreame then of Subordinate Command Nay that Dominion which is usurped and not just whilest it remains Dominion and till it be legally again divested refers to God as its Author and Donor as much as that which is Hereditary and permissively from God and not approbationally instituted or appointed by him And that Law which the King mentioneth is not to be understood to bee any speciall Ordinance sent from Heaven by the Ministry of Angels or Prophets as amongst the Jewes it sometimes was It can be nothing else amongst Christians but the actions and agreements of such and such politike Corporations Power is originally inherent in the People and it is nothing else but that might and vigour which such and such a Society of men contains in it self and when by such and such a Law of common consent and agreement it is derived into such and such hands God confirmes the Law And so man is the free and voluntary author the Law is the instrument and God is the establisher of both as the observator in the first page of the first part of his most excellent observations doth observe And though Kings make a huge matter of that saying of God by me Kings Raigne as though there were some superlative naturall inbred inherent deity or exellency in Kings above other men y●t we may say an● that tru●y That by God all mankind lives moues and have their being yea and raignes and gove●ns as much by God in their inf●rior orbs of Cityes hundreds wa●enta●es and families as well as Kings in their Kingdoms yea though God himselfe in an extraordinary and immediate manner chose a●d appointed Saul David and Solomon to be Kings of Israel Yet so just was the righ●eous God that ●e w●u●d 〈◊〉 imp●se them u●o● the people of Isra●l against their own ●il●● and mind●s 〈◊〉 he● did t●ey rule as K●●g till by t●e c●mmo● c●nsent of t●e people they ch●se ●hem and 〈◊〉 ●he● to raigne ov●r ●hem 1 Sam. 10. 20. 24. 2 Sam. 2. 24. and Ch●p 5. 1. 2. and 3. and 1 Kings 38 39 ●0 So t●at ●h●ir auth●r●ty did originally as inhere●tl● flow from the pe●ple as well as their speciall ●ssig●ation from God a●d t●ey were to rul● and govern them by the Law of God ●nd not by the rule and Law of their own wil● unto which Law ●hey were to be as 〈◊〉 and subject as the meanest of the people yea and as ●ya●le to punishment and to have their tra●sgr●ssi●ns ●ayd to t●●ir charge As Lieu●e●a●t Collon●l Lilburne ●ath 〈◊〉 and fully proved in his late printed Epistle to Judge Reves p●g These things righ●ly considered doth co●demn thos● two maxims for wicked ungodly and tyrannic●●l w●ich are ●ayd downe so in the booke of D●clara●io●s pag 199. 3. 4. viz. That the King can do no wrong The second is that the King is the fountaine of justice But to returne againe to the Kings own word ●e saith pag. 313. We were unwo●●hy the trust repo●ed in us by the Law and of our descent from so many great and famous Ancestors if w● could be brought to abondon that power which onely can enable us to performe what we are sworne to in protecting our people and the Lawes What can be said more plaine then this to prove him an Officer of 〈◊〉 Trust But seeing he speakes of his Ancestors Let me tell him that if he had no better title to his Crown then to claime it his by a kind of Divine Right from his Progenitors and because he is the next Heire to King James It would be by Scripture a very weak title We find in Scripture that Salomon a younger Son c. was made King principally because of his fitnesse to govern when divers of his elder brethren wen● without the Crown And if any in the world might have pleaded the priviledges of being next heire Davids Sons and Sons

Irish Rebellion for all his many solemn protestations to the contrary and that at the very begining by his immediate warrant licensed Commanders to go over to them and hindred supplies from going to suppresse them pag. 70. 98. 116. 567. 568. 569. 622. Yea and though he were so quick against the Scots as immediately upon their declaring themselves to maintaine their rights to proclaime them traytors yet notwithstanding though the King vowed and protested that his soule abhorred the Irish Rebellion it was about three moneths before the Parliament could get him to proclaime them traytors And when he was by them forced to proclaime them traytors His Majesty gave speciall Command that but forty of them should be printed and not one of them published till farther directions given by his Majesty pag. 567. Yea and besides all this contrary to his Oath he refuseth to passe the bill for the Militia although it was often prest upon him by the Parliament as the onely way and meanes to settle and preserve the peace of the Kingdome and also with-drawes himselfe from the Parliament with a defigne to levy warre against them whereupon for the discharge of their duty and trust and the preservation of the Kingdome the 20. May 1642. book declar pag. 259. they past three votes viz. Resolved upon the Question I. That it appeares that the King seduced by wicked Councel intends to make warre against the Parliament who in all their consultations and actions have proposed no other end unto themselves but the care of his Kingdome and performance of all duty and loyalty to his person Resolved upon the Question II That whensoever the King maketh warre upon the Parliament It is a breach of the trust reposed in him by his people contrary to his Oath and tending to the dissolution of his Government Resolved upon the Question III. That whosoever shall serve or assist him in these warres are traytors by the fundamentall Lawes of this Kingdome and ought to suffer as t●aytors 11. Rich. 2. 1 2 3 4 5. an● 6 1 Hen. 4. 4. From the two last votes I will draw some arguments which na●urally flow from them And firs t for the se●o●d Vote which is that whensoever the King make●h warre against the Parliament it is a breach of the trust reposed in him by his people c. But the King hath set up his S●andard of defiance against tha● Parliament which he summoned to si a Westminster and had passed an Act of Parliamen● t●at there they should si● so long as they pleased yea and ha●h actually proclamed and levyed war against them therefore he hath broke the ●rust reposed in him by his people which was to protect and defend them not to ruine and destroy them and hath violat●d his publick Oath and so is willfully forsworne and hath also strongly endeavoured the utter dissolution of the Government of this Kingdome Pag. 248. 503. 508. 509. 576. 580. 584. 617. 665. For in fighting against the Parliament and seekeing the utter destruction thereof as he hath done 〈…〉 fought against the whole Kingdome and people whose be ●u●ted legall chosen Commissioners and representation they are and who therefore have sufficient cause and ground given them both in the eyes of God and all rationall men ever hereafter to renounce and defie him c. as he hath done them Now from th● 3. Vote which is That whosoever shall serve or assist him in these warres are Traytors and ought to suffer as Traytors from whence by way of inference I draw this argum●nt That If the Minor principall that is to say the Accessarie or assistant be guilty of Treason Then much more is the Major principall that is to say the chiefe mover and beginner or originall actor and setter on guilty of treason himselfe But by this vote the Minor or principall the assister is declared and proved guilty of Treason Ergo the Major principall the King who sets all his assistants at worke is much more guilty of Treason Now let us consider of those two Statutes which the Parliament alledge for the proveing of the 3. vote That of the 11. R. 2. was the Law by which the five great Traytors as speed calles them folio 732. were ●impeached namely Robert de Vere Du●e of Ireland Alexander Nevile Arch-Bishop of Yorke Michaeld●la-Poole Earle of Suffolke Sir Robert Trisillian that false Iustitiar and Sir Nicholas Br●mbre that false Knight o● Lond●n whose crime was for being the heads with many others to advise the King by his regall power to a●ihilate certaine things passed lately by act of Parliament and to destroy the chie●e men of both houses that had been chiefe S●i●klers for the good of the Common Weal h●and by the Kings consent the Du●e of Ir●land did levye forces for that ●nd But by the Lords that were for the Common Weal●h was soone varquished and forced to sly into France where he was s●●in by a wild Boare Martine foli 1●9 But yet notwithstanding his ●ssociates and Iudges viz. Ful h●op B●lknap Carey Hott Burgh and Lock●on were the first ●●y of the Parliament arrested of treason as they sa●e in Iudgement on the Bench and most of them sent to the Tower for giving it under their hands that it was lawfull for the King to abrogate that which was lately done in the Parliament becau●● as they wickedly sai● he was aboue the law Speed folio 731. Trisillian the chiefe Iustice prevented by flight his apprehension when his ●ellowes the Iudges were taken but afterwards was catcht and brought to the Parliament in the fore-noone where he had sentence to be drawne to Tyburne in the after-noone and there to have his throat cut which was done accordingly Sir Nicholas Brambres turne was next And a●ter him Sir Ioan Earle of Sails bu●y and Sir James Barney Sir Iohn B●ucham●● of Holt S●uart of the Kings Houshold Iohn Back Esquire and Simond Burley who onely as speed saith folio 733. had the worship to have his head struck off The Duke of Ireland the Arch Bishop of Yorke the Earle of Suffolke and others had their Estates confiscated to the Kings use by Act of Parliament And as Martin saith folio 149. The rest of the Judges had been served as Robert Trisillian was if upon the importunate and uncessant request of the Queene their lives had not been red●emed by their banishment O gallant and brave Justice It is true and so confessed by the Parliament that these Statutes of 11 R. 2. 1 2 3 4. 5 and 6. were abolished by the 21. R. 2. 12 But it is averred by them that they were revived by 1 H. 4. 3. 4. 5. 9. and still stand in force to this day which is a reall truth And in the 2. place let us consider well the Parliaments publick Declarations and we shall see they hold it out full enough We will begin with their Declaration to the States of Holland pag. 636. where they plainly affirme that the King not his evill

him in the House of those Peers by way of Charge bu● sends him no Copy of it although it was impossible for him being so close as he was to get a Copy of it himselfe the greatest part of which is taken out of his booke called The Freemans Freedome vindicated and his Epistle to Mr. Wolaston the Jaylor of Newgate both of them made by him in Newgate many dayes after the Lords had Cōmitted him which letter of his to Mr. Wollaston for the excellent matter therein we will insert heere verbarim SIR I this morning have seen a Warrant from the House of Lords made yesterday to Command you to bring me this day at 10. a clocke before them the Warrant expresseth no cause wherefore I should dance attendance before them neither do I know any ground or reason wherefore I should nor any Law that compels mee thereunto for their Lordships sitting by vertue of Prerogative-pa●ents and not by election or common consent of the People haue as Magna Charta and other good Lawes of the Land tels me nothing to do to try me or any Common●r whatsoever in any criminall case either for life limb liberty or estate but contrary hereunto as incrochers and usurpers upon m● freedomes and liberties they lately and illegally endeavored to try m● a Commoner at their Bar for which I under my hand and seale protested to their faces against them as violent and illegal incrochers upon the rights and liberties of me and all the Commons of England a copy of which c. I in Print herewith send you and at their Bar I openly appealed to my competent proper legall Tryers and Judges the Commons of England assembled in Parliament for which their Lordships did illegally arbitarily and tyrannically commit me to prison into your custody unto whom divers dayes agoe I sent my Appeale c which now remains in the hands of their Speaker if it be not already read in their house unto which I do and will stand and obey their commands Sir I am a free-man of England and therefore I am not to be used as a slave or Vas●all by the Lords which they have alreday done and would further doe I also am a man of peace and quietnesse and desire not to mo●est any if I be not forced thereunto therefore I desire you as you tender my good and your own take this for an answer that I cannot without turning traytor to my liberties dance attendance to their Lordships Barre being bound in conscience duty to God my self mine and my Country to oppose their incroachments to the death which by the strength of God I am resolved to do Sir you may or cause to be exercised upon me some force or violence to pull and drag me out of my chamber which I am resolved to mantain as long as I can before I will be ●●mpelled to go before them and therefore I desire you in a friendly way to be wise and considerate before you do that which it may be you can never undoe Sir I am your true and faire conditioned prisoner if you will be so to me IOHN LILBURN From my Cock-loft in the Presse yard of Newgate this 13. of June 1646. And the next day aftere Serjente Finch exhibited his Artiicles being the 11 July 1646. Lieutenant Colonell Lilburne is by vertue of a warrant to the Sheriffe or Sheriffes of London M. Foot and Mr. Kendrik who contrary to Law refused to give him a Coppy of ha● warrant although hee sent for it by Mr. Bisco ●he Clerk of Newgate brought up to the Lords barr in a●most base Contumelious and reproachfull maner the substance of that Warant being to command him to the Lords Barr to heare his charge read But before he was called in hee by his Keeper sent word to the Lords That they being not his Peers and Equals were none of his LEGALL JUDGES and so had no jurisdiction over him and therefore hee would not stoop unto or acknowledge their authority and jurisdiction over him in this particular which he desired a-fore-hand to acquaint them with And that he must be forced out of conscience to that duty he owes to Himselfe his Liberties and the Liberties of his Countrey seeing their LORDSHIPS would neither be satisfied with his Protestation nor Appeale to the COMMONS nor yet with his refusing to kneele at their Bar nor consult with the House of COMMONS about the legality of their proceedings but the third time to send for him who they knew could not in this case stoop unto them as though they were resolved to tread the Liberties of all the COMMONS of ENGLAND under their feet And therefore seeing that they increased in their illegall an unwarrantable presumptiō he said he must increase in his just detestation of their actions and incroachments In testimony of which hee was resolved to come in with his HATON and to STOP his EARES when his charge was offered to be read which as I understand he accordingly did And having liberty sometimes to speak to them being commanded to withdraw three times and brought in again he told them to this effect with a great deal of resolution That they were not onely not his Judges but the manner of their proceeding with him was against all Law and Justice yea contrary to their own judgement lately given by themselves in February last in his own case of the Star-Chamber and of the Petition of Right For said he My Lords the warrant that commanded me to your Barre did summon me up to answer a criminall charge And being at your Bar I pressed you again and again to see it and earnestly intreated you that if you had any legall charge in writing against me that it might bee produced But contrary to Law and Justice you refused to do it contrary to all law just High Commission-li●e pressed me to answer Interrogatories cōcerning myself w●●ch fo●●●● 〈…〉 me to deliver in my Protestatiō aga●●●●● you And I have 〈◊〉 appp●aled ro my Legall Judges the COMMONS of ENGLAND assembled in PARLIAMENT who have received accepted read and committed my appeale and promised me justice in it And my Lords I tell you to your ●●ces These are the MEN that ONELY and ALONE have THE SUPREAM POWER of ENGLAND residing in them who when you have done all 〈◊〉 the worst you can they both must and will bee your Judges and mine But my Lords if you will not joyne issue with me there that you may know I neither feare you nor your Charge nor decline a legall proceeding about it preferre your charge against me in any Court of Justice in Westm●nster-Hall or any other Court in England rhat hath a legall jurisdiction over me and I will answer you The which if you refuse and will still persev●re in your incroachmens upon my Rights and Liberties know my Lords that here to your faces I bid defiance to you to doe the worst you can to me being resolved to spend my

his late booke called LONDONS LIBERTIES IN CHAINES DISCOVERED pag. 54 And what me●nes Lieutenant Collonel Iohn Lilburnes p●ttifull Complaints in divers of his bookes against severall Members of the HOVSE of COMMONS but especially against Justice LAVRANCE WHITAKER See Innocency and Truth justified pag. 12. 15. 16. 63. 64. And Londons Liberty in Chaines discovered And what meanes his leud Complaints in his Epistle to Iudge REEVE c. against the Earle of Manchester and Collonel Edward King of Lincolnsh●re whom he accuseth for being Traytors to the trust reposed by the PARLIAMENT in them And yet is so farre from obtaining Justice against them that he is clapt by the heeles in the exceeding chargeable prison of the Tower of London by their meanes And what meanes that extraordinary Complaint of Mr. ANDREWES BVRRELL in his printed REMONSTRANCE TO THE PARLIAMENT OF ENGLAND against the CHIEFE MEN that are mannagers of the NAVIE viz THE EARLE of WARWICK Mr. GILES GREENE Chairman of the Committee of the Navy Mr. SAMVEL VASSALL and the 2. Mr. Bencis Members of the same Committee c To whose charge he layes little lesse then TREACHERY TO THE WHOLE KINGDOME and couse●ing and cheating of the publicks monyes yea such is his CHARGE there against them that if he be able to make it good THEY DESERVE NO LESSE THEN HANGING And it seemes he is able sufficiently to do it for they dare not call him to account but let him go at Liberty which demonstrat●s to all understanding men They know their own guiltinesse And a thing of as high a consequence is the lamentable Complaint made against Sir Iohn Clotworthy and his friend Mr. Davis c. about their cousening and cheating poore and bleeding Ireland of much of the monies that should have relieved it which Complaint is called The State of the Irish affaires for the Honourable Members of the Houses of Parliament as they lie represented before them from the Committee of Adventurers in London for lands in Ireland sitting at Gr●cers Hall for that service and printed at London by G. MILLER dwelling in the Black-Fryers The abstract of which with some additions are inserted in a written paper which I had from a good hand which followeth thus A further discovery of the evill managing of the affaires of Ireland wherein it doth plainly appeare that above the fourth part of the monies levied for Ireland is pursed by 4. or 5. private men to the value of 97195. l. THat presently after the trouble did breake forth in Ireland there was one Mr. John Davis of the Irish Nation came for England who was trusted by the Parliament with 4000. l. worth of Provisions and appointed Commissary for the disposall of those goods for the English and Scottish Armies in Ireland The said Mr. Davis using indirect wayes by feasting and bribing the Officers having spent 100. l. upon them in a week as he himselfe hath acknowledged and by that meanes he obtained his desire for he valued the goods which he delivered to the Armies at such unreasonable high prizes that in this imployment for the space of 8. or 9. months he so manageth the businesse that he makes the parliament indebted unto him 12195. l. And it will be made manifest by sufficient testimony that before he was put into this imployment he was not worth 200. l. but with feasting and bribing the Commanders of the said Armies He obtaines such an accompt in writing having such friends to assist him that he procures Generall L●sl●yes letter of recommendation for his good service setting forth how seasonable the provisions came to the Army but no mention made that the Parliament sent the goods That after the said Mr. Davis had procured this letter he comes for England the troubles here being great the Parliament had not time to heare him so he continued in and about London for the space of two yeares or thereabouts In which time he was reduced to a meane and low condition in so much as he hath acknowledged he had much ado to ge● mony to buy food for himself his wife yet in this low Condition he puts in Propositions to the Commi●tee of Parliament to deliver 60000. l. in Provisions Armes and Cloth to be paid out of the Ordinance for Ireland which was for above three times as much but he was to have the first mony that came in upon the said Ordinance onely 20000. l. was alotted otherwise The Committee of Adventurers for Ireland were sent for and treated withall to know if they would serve in and deliver those provisions for Ireland who at the first refused to agree by way of bargaine alledging that they would make use of the said Ordinance to serve it with all expedition expecting no profit but the Committee of Parliament said that there was necessity of making agreement by way of contract whereupon the Committee of Adventurers for Ireland did give in Propositions that they would serve and deliver those provisions 7000. l. in 60000. l. under the prises Mr. Davis had given in notwithstanding M. Davis delivered the goods had his prizes for those goods provisions but did fail in all his undertakings both in the time of delivering the goods and also the goods he served were generally very bad as doth appeare by the Testimony of one of the Parliaments Commissioners in Ireland which Testimony and the prises Mr. Davis had is here inserted The reasons why M. Davis had this employment before those Citizens are many I shall name one the cessation of Armes in Ireland being ended divers Commanders came over from thence into this Kingdom who knowing Mr. Davis of old in respect of his large bribes given them did desire the Committee of Parliament that Mr. Davies might be the man for the providing and furnishing of provisions for the service of Ireland alleadging they knew him well as for the Citizens they were more fit to keepe shops then to take care of a Kingdom These Commanders above-mentioned are those who were for the Parliament one year and the next year sided and joyned with the Irish Rebels these are the men who gave this good report of Mr. Davies That Mr. Davies hath made a second bargain with the Committe of Parliament for 45000. l. worth of goods the which mony is fully paid him and the 60000. l. also formerly mentioned and this Committee have allowed him his pretended Debt of 12195. l. out of the money appointed by Ordinance of Parliament only for Ireland and not to pay any debt although never so reall Mr. Davies in the moneth of July 1646. hath made a third agreement for 140000. l. to deliver so much in Arms Provisions other necessaries the money part of it to be paid out of the Excise and the rest by a new Ordinance of Parliament for levying of monies for the service of Ireland the Committe of Adventurers having formerly declared in their book formerly set forth by thē which was presented to divers Members of

in the House of Lords p. 64. 65 69. Barons in Parliament represent but their own persons p. 97. C Challenges against the Lords p. 5. pag. 70. Clergy base inslavers of this land of old p. 89 90 93 94. Contents of this Discourse p. 6 62. Common-Councel p. 27. Charles-Stewarts jugling pag. 50 51. Charles Stewart not GOD but a meer man and must not rule by his will nor other Kings but by a Law pag. 9 10 11. Charles Stewart received his Crown and Kingdom by contract p. 33. and hath broken his contract pag. 9 14 41 42 43 50 51 52 57. Charles Stewart confuted in His vain proud words p. 32 33. Charles Stewarts Confession and Speeches against himself p. 40 41 56 57. Charles Stewart as Charles Stewart different from the King as King p. 35. Charles Stewart guilty of Treason p. 52 53 54 55 57. C. R. ought to be executed p. 57. D Dukes of Normandy first second third fourth fifth sixth and seventh p. 87. Dukes Marquesses and Viscounts not in England when the great Charter was made p. 98. Davies Sir I. Clotworthies friend his basenesse pag. 102 103 104 105 106. E Edwardus R●x Segnier pag. 15 16 88. His gallant Law p. 16. Edward the second p. 26 27 57 58. deposed and his eldest Son chosen p. 27 58 59. Edward the third pag. 27 28 29 30. Excommunication for infringing Magna Charta p. 28. Edward 4. and 5. p. 30 31. Earl of Manchesters and Colonel Kings basenesse p. 49 10● Englishmen made slaves by the Normans p. 90. F False imprisonment it is to detain the prisoner longer then he ought p. 81. First Dake p. 9● First Marquesse First Viscount First Parliament in the 1● of H. 1. see pag. 17. G Government by Kings the worst government of any lawfull Magistracie p. 14. Greenland Company oppressors pag. 101. H Heathens more reasonable then the Lords p. 2. House of Peers illegality p. 43 45 86. and basenesse to the people pag. 44. Henry the 1. p. 17. Henry Mauds eldest son King after Stephen p. 19. Henry the 3. crowned and his basenesse p. 22 23. Henry the 4 5 7 and 8. p. 30 31. Hunscot the Prelates Catchpole now the Lords Darling p. 83. I John brother to R. the 1. chosen King p. 19. His basenesse to the Common-wealth p. 20 21 39. His end p. 22. Judges corrupt p. 23. Imprisonment of L. C. Lilburn p. 63 66. Ireland in her distressed condition cheated and couzened by Sir John Clotworthy and his friend Davies p. 102. to p. 106 K King is intrusted p. 34. Kings tyrannicall usurpation none of Gods institution pag. 7. 8. Kings subordinate to Lawes by God p. 8. and men p. 9 18 19 23 24 26 27 28 29 31 32 33 34 35 36 39 40 41 42 43 52 53 85 86. Kings must not be imposed but by the peoples consents p. 7. 20 32 41 60 61. Kings deposed p. 27 58 59 98. Knights Citizens and Burgesses represent the Lawes p. 97. King no propriety in his Kingdome p. 34. or Cities thereof or Jewels of the Crown and as King not so much as the Subjects in the Kingdoms pag. 32 38. Kings illegall Commands obeyed punished pag. 35 52 53 54. Kings are lyable to be punished pag. 41 59. K. Harrold p. 84 94. L Lawes made this Parliament pag. 33 34. Lieutenant of the Towers basenesse against L. C. Lilburn pag. 5. 48. Lords cause of loosing the Kingdome at first p. 93. Lords no legislative power by consent of the people p. 45 46. Lords may not lawfully sit in the house of Commons pag. 98 99. Lords contradict themselves p. 63. Lords power wholly cashiered p. 40 47 92. Lords overthrown by the Law see p 72. to p. 78. Lords illegality and basenesse against L. C. Lilbarn pag. 47 48. 65 66 67 84. proved so to be p. 62. 81. Lords no Judges according to Law p 69. Lawes included though not expressed Kings must not violate pag. 62. Lords no Judicature at all p. 84 85 86. M Maud p. 17 18. the Empresse taketh K. Stephen in bat tel p. 18. Massacre of the Jewes in England when pag. 19. Magna Charta what it is p. 26. Magna Charta's Liberties confirmed by Hen. the 3. p. 24. And by Edw. the 2. p. 27. And by Edw. the 3. p. 28 29. Members of the House of Commons taxed p. 100 101 102. Merchant-Adventurers p. 99. overthrown p. 42. N Normans whence they came pag. 86 87. Ninety seven thonsand one hundred ninety and five pounds which was for Ireland pursed by 4 or 5 privare men see p. 103 O Orders Arbytrary and illegall against L. C. Lilburn p. 2 47 48. 63 64 66. Odo the Bishop a Bastard seeketh to be Pope pilleth the Kingdom pag. 91 92. Oaths of Kings at their Coronation p. 19 26 28 31 32 33. Oath of K. Stephen p. 18. Oath of Justices p. 29. Objection about H. 8. alteration of the Oath of Coronation answered by the Parliament p. 32. Order of the house of Commons for L. C. Lilburn p. 84. Originall of the House of Peeres pretended power p 94. P Petition of Right confirmed p. 33. the Lords break it p. 2. Petition of L. C. Lilburns wife p. 72. to p. 78. Postscript of L. C. Lilburns p. 6. People must give Lawes to the King not the King to the people p. 85. Popes judgment refused by the people to be undergone by the King as insufferable p. 26. Power of Lords both of judicative and legislative throwne down p. 92 93. Parliament what it is p. 34. their institution p. 95. The manner of holding them p. 95. how kept p. 97. Parliaments greatnesse p. 34 36 37. Prerogative Peerage flowed from rogues p. 86 87. Proceedings of the Lords against L. C. Lilburn condemned by the Commons p. 64. Parliaments kept in old time withou t Bishops Earles or Barons Pag. 96 97. Q Questions of great consequence pag. 101 102. R Rehoboams folly pag 60 61. Richard the 1. pag. 19. Remedy against fraud p. 26. Richard the 2. p. 30. Deposed p. 30. Richard the 3. p. 30 31. Rebellion of the King 90 51. Rewards conferred by William the Conqueror upon his assistants p. 90 91. S Sir John Clatworthies basenesse p. 102. to 106. Stephen Earle of Bollaigne chosen King by free election p. 18. When hee was imprisoned by Maud p. 18 19. the people restituted him out and he was set up again p. 18. Sheriffes of London Foot and Kendrick their illegality pag. 68. Sentence of the Lords against L. C. Lilburn p. 70 71. T Ten Commandements explained p. 9 10. Tyrants Kings plagued by Gods justice p. 11 12 13 17. Tyrannie of Kings p. 13 17 19 20 21 22. Towers chargeablenesse of Fees p. 49. Tryals ought to be publike and examples for it page 81 82 83 84. Turkie Merchants pag. 99. W William the Conquerors History of him p. 14 15 16 45 87 88 89 90 91 92 93 94 95 a Bastard p. 87. His end

both on him and all that had a finger in furthering of his usurpation vers 23 24 45 53 54 for afterward the Tyrant tha● they had set up destroyed them all for their pains and in the end had his scull broke to pieces with a piece of a mill-stone thrown from the hand of a woman And after many miseries sustained by the people of Israel for their revolt from their loyalty to GOD their LORD and KING Yet in their distresse hee took compassion of them and sen● them Samuel a just and righteous Judge who judged ●hem justly all his dayes But the people of Israel like foolish men not being content with the Government of their Soveraign by Judges who ou● of doubt took such a care of them that he provided the best in the world for them would reject their Liege Lord and chuse one of their own nam●y a King that so they might be like the Pagans and Heathens who ive without God in the world which Act af theirs God plainly declares was a rejection of him th●t he should not reign over them 1 Sam. 87. and chap. 10. 19. Bu● withal he desc●●beth vnto them the behaviour of the King vers 11 12 13 14 16. which 1 Sam. 8. 7. and 10. 9. is that he will rule and govern them by his own will just Tyrant like for saith Samuel he will take your Sons and appoint them for himselfe for his Chariots and to be his hor●em●n and ome shall run before his Chari t s and he will take by his Prerogative your Fi●lds and your Vineyards and you● Oliveyards eve● the hest of them and give them to his Servants and he will take your men-servants and your maid-servants and your goodliest young-men and your Asses and put them to his worke c. And saith Samuel you shall cry out in that day because of your King which ye shall have chosen unto you but the Lord will not hear you in that day And Samuel in the 12. C●ap●er gives them positively the reason ofi● which was that although GOD in all their straights had taken compassion on them and sent them deliveries and at the last had by himself set them free on every side so that they dwelt sately Yet all this would not content them but they would have a King to reigne over them when s●●h Samu●l the ●ord your God was your King therefore chap. 1● 19. saith Samuel ye have this day rejected your God who himself saved you out of all your adversities c. yea and in the 19. ver of the 12. chap. the People acknowledged that they had added unto all their sins this evill even to ask a King Whereb we may evidently p●rceive that this office of a King is not in the least of Gods institution neither is it to b● given to any man upon earth Because none must rule by his will but God alone And therefore the Scripture saith He gave them a King in his anger and took him away in his wrath Hosa 13. 11. In the second place for the proofe of the minor Proposition which is That Charles R. received his Crown and Kingdome by contract and agreement and hath broken his contract and agreement I thus prove And first for the first part of the position History makes it clear that WILLIAM THE CONQVEROVR OR TYRANT being a Bastard subdued this Kingdome by force of Armes Reade Speeds Chronicle folio 413. There being slain in the first Battell betwixt him and the English about sixty thousand men on the English party As Daniel records in his History fol. 25. And having gained the Country he ruled it by his sword as an absolute Conqueror professing that he was beholding to none for his Kingdome but God and his sword making his power as wide as his will just Tyrant like giving away the Lands of their Nobles to his Normans laying unwonted taxes and heavie subsidies upon the Commons insomuch that many of them to enjoy a barren liberty forsook their fruitfull inheritance and with their w●ves and children as out-lawes lived in woods preferring that naked name of freedome before a sufficient ☞ maintenance possest under the thraldome of a Conquerar who subvert●ed their Lawes disweaponed the Commons prevented their night meetings with a h●avi● penalty that every man at th● day closing should cover his fi●e and depart to his rest there by depriving them of all opportunity to consult together how to recover their liberties collating Office●s all both of command and judicature on those who were his 〈◊〉 made saith Daniel page 46. his domination such as he● would have it For whereas the causes of the Kingdome were before determined in every Shire And by a Law of King Edward Seg●ier all matters in question should upon speciall penalty without further deferment be finally decid●d in the Gemote or Conv●●●ions held monethly in every Hundred Now he ordained That four times in the yeare for certain dayes the same businesse should be determ●ned in such place as he would appoint where he constituted Judges to 〈◊〉 to that purpose and others from whom as from the bosom● of ●he Prince all litig●tors should have justice And to make them ●s miserable as slav●s could be made He ordered that the Laws should be practised in French A● P●itions and businesses of C●urt ●n French that so the poor miserable people might be gulled and cheated undone and destroyed not onely at his will and pleasure but also at the will and pleasure of his under Tyrants and Officers For to speak in the words of Martin in his History page 4 He enacted and established strict and severe Lawes and published them in his own language by meanes whereof many who were of great estate and of much worth through ignorance did transgress● and their sm●llest offences were great enough to entitle the CONQVEROR to their lands to the lands and riches which they did possesse All which ke seized on and took from them without remorse And in page 5. he declares hat he erected sundry Courts for the administra●i●n● his ●ew Lawes and of Justice and least his Iudges sh●uld bear to● great a sway by reason of his absence he caused them all to follow his Court upon all removes Whereby he not only curbed th●ir disp●si●ions which i●cited them to be great but also tired out the English N●tion with extraordinary troubles and excessive charges in the prosecution of Suites in Law From all which relations we may observe First from how wicked bloudy triviall base and tyrannicall a Fountain our gratious Soveraignes and most excellent Majesties of England have sprung namely from the Spring of a Bastard of poore condition by the Mothers side and from the p●rnitious springs of Robbery Pyracie violence and Murder c. Howsoever fabulous Writers striv● as Daniel saith to abuse the credulity of after Ages with Heroicall or mircaulous beginnings that surely if it be rightly considered there will none dote upon those kind of Monsters Kings bu●

Lordships have flowing from one and the same fountain with them namely the Kings will and pleasure commonly called The Kings Prerogative demonstrated by his Letters Pattents which in such a case is not worth a button as is clear by the Law and the very principles of Reason and that the Lordly Prerogative honour it self that they enjoy from the King which was never given them by common consent as all right and just honour and power ought to be is a meer boon and gratuity given them by the King for the helping him to inslave and envassalise the People and from the●r Predecess●rs whom William the Conqueror a●ias the Theefe and Tyran● made Dukes Earles and Barons for helping him to subdue and enslave the free Nation of England and gave them by the Law of this own will the estate of the Inhabit●nts the right owners thereof to maintain the Grandeur of their Tyranny and Prerogative Peerage And therfore their Creator the King doth in his Dce p. 324 ingeniously declare that their title to their legislative power is only by bloud And if so then not by common consent or choyce of the People the onely and alone Fountain of all just power on earth and therefore void null and at the best but a meer fixion and usurpation and the greatest or best stile they gave themselves in their joynt Declaration with the House of Commons page 508 is That the House of Peers are the Hereditary Councellors of the Kingdome and what right they have thereby to make the People Lawes I know not neither is it declared there by what right they came by their Hereditary Councellorship Nor yet is it there declared what it is So that I understand not what they mean by it which I desire them to explaine for sure I am it is a maxime in Nature and Reason That no man can be concluded bu● by his own consent and that it is absolute Tyranny for any what or whom soever to impose a Law upon a People that were never chosen nor betrusted by them to make them Lawes But in that Declaration in the next line The chosen and betrusted House of Commons the only alone Law-makers of England the King and Lords consent to their Votes Lawes and Ordinances being but in truth a meer Ceremony and usurped formality and in the strength of Law which justly is nothing else then pure reason neither addes strength unto them nor detracts power from them is royally truly and majesterially stiled and called the representaive Body of the whole Commons of the Kingdome and so are in abundance of other places before cited Yea and whosoever seriously reades and considers the third Position laid down page 726. and laid down in the name of the Parliament shall see indeed and in truth the power of the Lords wholly cashiered their words are these That we did and do say that a Parliament may dispose of any thing wherein the King or any Subject hath a right in such a way as that the Kingdome may not be in danger thereby and that if the King being humbly sought unto by his Parliament shall refuse to joyn with them in such cases the Representative Body of the Kingdome that is to say the House of Commons alone the Lords representing no Body but themselves and their Ladies neither challenge they any such title but call themselves meerly Hereditary Councellours is not to sit still and see the Kingdome perish before their eyes and of this danger they are Judges and Judges superiour to all others I beseech you mark it well that legally have any power of judicature within this Kingdome Where are you my Lords And what say you to this your own ingenious confession For yours it is for any thing I know to the contrary unlesse you were all asleep when you past it Nay further My Lords If the Representative Body bee the Parliament as is here confessed and averred and that Representative Body be the House of Commons and none else as before is proved and the House of Commons or Representative Body be the Parliament as here they are called then My Lords what say you to that inference from hence drawn and naturally flowing and arising from the premises and proved by your first Pofition laid down in the fore-cited page 726. which is That the Parliament hath a power in declaring Law in particular cases in question before them and that which is so declared by the High Court of Parliament being the highest Court of Judicature ought not afterwards to be questioned by his Majesty or any of his Subjects for that there lyeth no Appeal from them to any Person or Court whatsoever so that the right and safety both of King and People shal depend upon the Law and the Law for its interpretation upon the Courts of Justice which are the competent Judges thereof and not upon the pleasure and interpretation of private persons or of Publike in a private capacity Good-night my Lords unlesse you will make a little more buzling and so make the stink a little more hot in the Nostrils of all men that have the use of their sences before your snuffe go cleer out the which if you do it will I am confident but cause it to go out with a witnesse And therefore look to it and remember the Star-Chamber the Councell-I able and High Commission Where are they all but in the grave of reproach contumely disgrace and shame And give me leave to tell you of the common Proverb now abroad of Canterbury and Strafford That if in the dayes of their prosperity which were as high and great as yours are or ever were they had thought they should have beene pulled down by the common People whom they strongly labonred to enslave and by their unwearied cryes to the eares of Englands supreame Judges for Justice were justly by them condemned to the block and lost their wicked Lordly Heads in the presence of many of those that they had tyrannized over they would have been more moderate just and righteous in their generations then they were Apply it my Lord s and remember Mr. Lilburn c. and the tyrannie you have exercised upon him for many weekes together both in Newgate and the Tower of London in locking him up close prisoner without the use of Pen Ink or Paper and not suffering his friends nor wife that singular comfort and help that the wise God provided for poor fraile man to set her foot within his Chamber door for about three Weekes together nor she nor any of his friends to deliver to his hands though in the presence of his Keeper meat drink or money and yet you never allowed himm 2. d. to live on that I could heare of and then unjustly sentence him 4000. l. and 7 years Imprisonment in the Tower c. there to be tyrannized over by one ●f your own Creatures Col. West Lieutenant thereof who hath divers weeks divorced him from his wife and

shed in England Scotland and Ireland since these wars which is the blood of thousands of thousands For which if all the sons of men should be so base and wicked as not to doe their duty in executing justice upon him which Legally may and ought to bee done by those especially who have Power and Authority in their hands Yet undoubtedly the righteous God will and that I am confident in an exemplary manner in despight of all his bloody add wicked protectors and defenders For GOD is a just GOD and will revenge innocent blood even upon Kings Judg. 1 6 7. 1 Kings 21. 19. 22. 38. Isa 30. 33. Ezek. 32. 29. and will repay wicked and ungodly men Isai 59. 18. Therefore I desire those that shall thinke this a harsh saying to lay down the definition of a Tyrant in the highest degree and I am confident their own Consciences will tell them it is scarce possible to commit or doe that act of Tyranny that Charles Stewart is not guilty of and therefore de jure hath absolved all his people from their Allegeance and Obedience to him and which the Parliament are bound in duty and conscience De facto to declare and not to bee unjuster to the Kingdome then their predecessors have been which in part I have already memioned and shall to conclude only cite some particulars of the Parliaments just dealing with Edward the second who was not one quarter so bad as C. R who being called to account by the Parliament for his evill government and being imprisoned at Kenelworth-Castle the Parliament sent Commissioners to acquaint him with their pleasure the Bishops of Winches●●r Hereford and Lincoln two Earls two Abbots foure Barons two Justices three Knights for every County and for London and other principall places chiefly for the five Ports a certain number chosen by the Parliament And when they came to him they told him the Common-wealth had conceived so irreconcileable dislikes of his government the particulars whereof had been opened in the generall Assembly at London that it was resolved never to endure him as King any longer That notwithstanding those dislikes had not extended so far as for his sake to exclude his issue but that with universall applause and joy the Common-wealth had in Parliament elected his eldest sonne the Lord Edward for King They finally told him that unlesse he did of himselfe renounce his Crown and Scepter the people would neither endure him nor any of his children as their Soveraigne but disclaiming all Homage and Fealty would elect some other for King not of the Blood The King seeing it would be no better amongst other things told them That he sorrowed much that the people of the Kingdom were so exasperated against him as that they should utterly abhorre his any longer rule and soveraignty and therefore he besought all there present to forgive him and gave them thanks for chusing his eldest sonne to be their King which was greatly to his good liking that he was so gracious in their sight Whereupon they proceeded to the short Ceremony of his Resignation which principally consisted in the surrender of his Diadem and Ensignes of Majesty to the use of his son the new King Whereupon Sir William Trussel on the behalfe of the whole Realm renounced all homage and allegeance to the Lord Edward of Carnarvan late King The words of the definitive Sentence were these I William Trussel in the name of all men of the Land of England and all the Parliament Procurator resigne to thee Edward the Domage that was made to thee sometime and from this time forward now following I defy thee and deprive shee of all Royall power and I shall neuer be attendant to thee as for ●ing after this time But if any object It is true Subjects and people have de facto done this unto their Kings but they cannot doe it de jure for that Kings are above their people are not punishable by any but God I answer God is the fountain or efficient cause of all punishment But as to man instrumentally he inflicts by man And though he be our supream Lord and Law-Maker hath for bodily and visible transgressions of his Law appointed a visible and bodily punishment in this world for the transgressors thereof and man for his instrumentall executioner and never ordinarily doth it immediatly by himself but when his Instrument Man failes to doe his duty and being a God of order hath appointed a Magistrate or an impowred man as his and their executioner for the doing of justice and never goeth out of this Road but in extraordinary cases as he doth when the Magistrate is extraordinarily corrupted in the executing of his duty and in such cases God hath raised up particular or extraordinary persons to be his executioners And therefore God being no respecter of persons hath by nature created all men alike in power and not any lawlesse and none to bind each other against mutuall agreement and common consent and hath expr●sly commanded Man his rationall creature shall not tyrannize one over another or destroy by any intrusted power each other but that the intrusted Kings as well as others shall improve the utmost of their power and strength for the good and benefit protection and preservation of every individuall Trustee And whosoever he be that shall improve his intrusted power to the destruction of his impowrers forfeits his power And GOD the fountain of Reason and Justice hath endued man with so much reason mercy humanity and compassion to himself and his own Being as by the instinct Nature to improve his utmost power for his own preservation and defence which is a Law above all lawes and compacts in the world Declar. April 17. 1641. And whosoever rejects it and doth not use it hath obliterated the principles of Nature in himselfe degenerated into a habit worse then a beast and becomes felonious to himselfe and guilty of h●s own blood This Israel of old the Lords peculiar people understood as well as the people of England although they had 〈◊〉 expresse posi●ive law no more then we in England have to rebell or withdraw their obedience subjection from those Magistrates or Kings that exercise their power and authority contrary to the nature of their trust which is plain and cleare without dispute in the case of Rehoboam who was the son of Solomon who was the sonne of David who was assigned King by GOD and chosen and made King by the common consent of the people of Juda and Israel 2 Sam. 7. 13. And who by vertve of Gods promise to him and his seed to be Kings over his people had more to say for his Title to his and their Crown I am confident of it then all the Princes in the world have to say for their claim and childrens to their Crown For Rehoboam was not onely the sonne of Solomon who was in a manner intailed by God himselfe unto the Crown

that so he might bee in an impossibility to understand how they intended to proceed against him Wherefore your Petitioner humbly prayeth to grant unto her husband the benefit of the law to admit him to your Bar himself to plead his own cause if you be not satisfied in the māner of his proceedings or else according to law justice that duty and obligation that lyeth upon you forthwith to release him from his unjust imprisonment to restrain prohibit the illegal arbitrary proceedings of the Lords according to that sufficient power instated upon you for the enabling you faithfully to discharge the trust reposed in you and to vacuate this his illegall sentence and fine and to give him just and honorable reparations from the Lords and all those that have unjustly executed their unjust Commands It being a Rule in Law and a Maxime made use of by your selves in your Declaration 2. November 1642. r That the Kings illegall commands though accompanied with his presence do not excuse those col declar 723. that obey them much lesse the Lords with which the Law accordeth and so was resolved by the Judges 16. Hen. 6. s s See Cook 2 part instit f. 187. And that you will legally and judicially examine the Crimes of the Earle of Manchester and Colonell King which the Petitioners husband and others have so often complained to you of and do exemplary justice upon them according to their deserts or else according to Law and Justice punish those if any that have falsly complained of them t t 3. E. 33. 2. R. 2. 5. 37. E. 3. 18 38 E. 3. 9. 12. R. 2. 11. 17. R. 2. 6. 22. p. M. 3. 1. El. 6. And that you would without further delay give us reliefe by doing us justice v v 9. H. 3. 29. 2. E. 3. 8. 5. E. 3. 9. 14. E. 3. 14. ●1 E. 2. 10. All which she the rather earnestly desireth because his imprisonment in the Tower is extraordinary chargeable and insupportable although by right and the custome of that place his fees chamber and diet ought to be allowed him and paid out of the Treasure of the Crown he having wasted and spent himself with almost six years attendance and expectation upon your Honours for justice and raparations against his barbarous sentence c. of the Star-chamber to his extraordinary charge and dammage and yet never received a penny and also lost divers hundred pounds the year he was a prisoner in Oxford Castle for you Neither can he receive his Arrears the price of his blood for his faithfull service with the Earl of Manchester although he spent with him much of his own money And the last yeare by the unadvised meanes of some Members of this Honourable House was committed prisoner for above 3. Moneths to his extraordinary charges and expences And yet in conclusion he was releast and to this day knoweth not wherefore he was imprisoned For which according to Law and Justice hee ought to receive reparations but yet he never had a peny All which particulars considered doe render the condition of your Petitioner her husband and children to be very nigh ruine and destruction unlesse your speedy and long-expected justice prevent the same Which your Petitioner doth earnestly intreat at your hands as her right and that which in equity honour conscience cannot be denied her w w col declar 127 174 244 253 282 284 285. 312 313. 321 322 467 490 514 516 520 521 532 533 534 535 537 539 541. 543 555 560. And as in duty bound she shall ever pray that your hearts may be kept upright and thereby enabled timely and faithfully to discharge the duty you owe to the Kingdome according to the Great Trust reposed in you And so free your selves from giving cause to be judged men that seek your selves more then the publike good We will only speak two or three words to one thing more fully mentioned in her Petition and to another thing not mentioned at all in her Petition very requisite to be taken notice of in the manner of his Tryall which is That by Law it ought to have been publike Now for the first of these which is the illegallity of all their Warrants they committed him by learned and grave Sir Edward Cooke in his most execllent worthy and pretious Exposition of the 29. Chapter of Magna Charta his 2. Part. Institut fol. 52. saith thus Now seeing that no man can be taken arrested attached or imprisoned but by due processe of Law and according to the Law of the Land these conclusions hereupon do follow First that a commitment by lawfull Warrant either in deed or in law is accounted in law due processe or proceeding of Law and by the Law of the Land as well as by processe by force of the Kings Writ Secondly That he or they which do commit them have lawfull authority Thirdly that this Warrant or Mittimus be lawfull and that must be in writing under his hand and seale Fourthly the cause must be contained in the Warrant as for Treason Fellony c. or for suspition of Treason o● Fellony c. Otherwise if the Mittimus contain no cause at all it is illegall And if the prisoner escape it is no offence at all Whereas if the Mittimus contained the cause the escape were Treason or Fellony though he were not guilty of the offence and therefore for the Kings benefit and that the prisoner may be the more safely kept the Mittimus ought to contain the cause Fifthly the Warrant or Mittimus containing a lawfull cause ought to have a lawfull conclusion viz. and him safely to keep until he be delivered by Law c. and not untill the party committing doth further order And this doth evidently appear by the Writs of abeHas Corpus both in the Kings-Bench Common-Pleas Exchequer and Chancery See pag. 52 53. 2. part Institut REx Vicecom London Salutem Praecipimus vobis quod corpus Out of the Kings Bench A. B. in custodia vestra detent ut dicitur una cum causa detentionis suae quocunque nomine praed A. B. censeatur in eisdem habeatis coram nobis apud Westm Die Jovis prox post Octab. St. Martini ad submittend recipend ea quae curia nostra de eo ad tunc ibidem ordinari contigerit in hac parte hoc nullatenus omittatis periculo in cumbente habeatis ibi hoc breve Teste Edw. Cook 20. Novemb. Anno Regni nostri 10. THe King to the Sheriffs of Lon. greeting We command you that you have the body of A. B. now detained in your custody as is said together with the cause of this detention by what Name soever the said A. B. be called therein before Vs at Westminster upon Thursday Eight dayes after the Feast of St. Martins to submit and receive what Our Court shall then and there order concerning him Faile not hereof at

your perill and see that you ha●e there this Writ Witnesse Edw Cook 20. Nov. and the Tenth Yeare of Our Raign This is the usuall forme of the Writ of Habeas Corpus in the Kings-Bench vide Mich. 5. Edw. 4. Rot. 143. Coram Rege Kesars Case under the Test of Sir John Markeham REX Vicecom London salutem Praecipimus vobis quod habeatis Coram Justiciariis nostris apud Westm ' Die Jovis prox post In the common pleas for any man priviledged in that Court the like in the Exchequer quinque Septiman Pasche corpus A.B. quocunque nomine censeatur in prisona vestra sub custodia vestra detent ut dicitur una cum die causa captionis detentionis ejusdam ut iidem Justiciar nostri visa causa illa ulterius fieri fac quod de jure secundum legem cons●etudinem Regni nostri Angliae for et faciend habeatis ibi ●oc breve Test c. THE King to the Sheriffes of London greeting We command you that you have before Our Justices at Westminster upon Thursday next five weekes after Easter the Body of A. B. by what Name soever he be called being detained in your Prison under your custody togetherwith the day and cause of his Caption to the end that Our said Justices having seen the cause may further doe that which of right and according to the Law and Custome of Our Realm of England ought to have done or have there this Writ Witnesse c. The like Writ is to be granted out of the Chancery either in the time of the Term as in the Kings Dench or in the vacation for the Court of Chancery is offici●● just●●ia and is ever 〈◊〉 and never adjourned so as the subject being wrongfully imprisoned may have Justice for the liberty of his person as well in the Vacation-time as in the Terme By these Writs it manifestly appeareth that no man ought to be imprisoned but for some certain cause and these words Ad subjiciend re●ipiend c. prove that cause must be shewed for otherwise how can the Court take order therein according to Law And this is agreeable with that which is said in Holy Histd●y sine ratione ●ihi videtur mittere vinctum in carcerim cau as ●jus non signifit 〈◊〉 But since we wrote these things passed over too many other Acts of Parliament see now the Petition of Right Anno tertio Caroli Regis resolved in full Parliament by the King the Lords Spirituall and Temporall and the Commons which hath made an end of this question if any were Imprisonment doth not only extend to 〈◊〉 imprisonment and unjust but for detaining of the prisoner longer then hee ought where hee was at the first lawfully imprisoned If the Kings 〈◊〉 come to the 〈◊〉 deliver to the prisoner If he detain him this detaining is an imprisonment against the law of the land c. But look upon 〈◊〉 〈◊〉 Warrant● 〈…〉 committed and 〈◊〉 committed 〈…〉 and you 〈◊〉 not find one legall one amongst them all Now for the second thing before spoken of in the manner of his tryall which is That it ought by Law to have b● publike in the presence of all that had a mind to have heard it 〈◊〉 any restraint of any This I find to be claimed by Mr. Pryn at the tryall of Colonell Nat. Fines in the 11. page of his relation thereof which he desired That they might have a publike hearing and that the do●e might be set open and none excluded that would come in the which he saith ●e desired the rather because the Parliament the representative Body of the Kingdome had ordered a fair and equall tryall which he conceived as he told the Councell of Warre was to be a free and open one agreeable as he saith to the proceedings of Parliament and all other Courts of Justice in the Realm which stand open to all and from whence no Auditors are or ought to be excluded To which Mr. Dorisla answered that it was against the stile conrse of a Court-Marshall to be publike and open and therefore it might not be admitted upon any tearmes Unto which Mr. Will. Pryn replyed that hee was a common-Lawyer and by his profession his late Protestation and Covenant bound to maintain the fundamental laws of the kingdome and liberty of the Subject which he told the Councell of Warr they themselves had taken vp Armes c. to defend and maintain And saith he by the Lawes and Statutes of the Realm all Courts of Justice ever have been are and ought to be held openly and publikely not close like a Cabinet-Councell Witnesse all Courts of Justice at Westminster and else-where yea all our Assizes Sessions wherein men though indicted but for a private Fellony Murder or trespasse have alwayes open tryals He goes on and in the 12. page thereof tells him that not only Courts of common-Law but the Admiralty and all other Courts proceeding by the Rules of either of the civill or canon-Law the proceedings have ever been publike and the Courts open and even in 〈◊〉 proceedings by Martiall Law before a Conncell of Warre at the G●●●d-Hall of London at the tryall of Mr. Tompkin● 〈◊〉 and others it was publike and open in 〈◊〉 of 〈◊〉 〈◊〉 〈◊〉 of Parliament and the whole City no come●s 〈◊〉 〈◊〉 〈◊〉 And he positively tels the Councell of Warre a little further that it was both against the laws and subjects liberty as he humbly conceived to deny any prosecutor o● subject an open tryall And he gives divers reasons there for it he goes on and in the 13. page saith That the Parliament when it sits as a Conncell to consult debate or deliberate of the great and weighty affaires of the Kingdome is alwayes private and none but the Members or Officers of either House admitted to their consultations and debates But saith he as the Parliament is a Court of Justice to punish Malefactors so the proceedings of both or either House are alwayes publike as appears by the late Tryall of the Earle of Strafford in Westminster-Hall and infinite other presidents of antient and present time To which I may adde the Tryall of William Laud late Archbishop of Canterbury And this practice is suitable to what we read in Scripture that among the Iewes the Iudges sate openly in the City Gates the most publike place of all And truly he or they that will not suffer Justice to be executed and administred openly bewrayes their own guiltinesse and do thereby acknowledge that they are ashamed of their cause For saith Christ John 3. 20 21. Every one that doth evill hateth the light neither cometh to the light least his deeds should be reproved or discovered but he that doth truth cometh to the light that his deeds may be made manifest that they are wrought in God But so far were the Lords from this just way of permitting Lieutenant Col. Lilburn a publike tryall that the