testimony then a witnes ought to have from Judges 3ly It is publickly known that Ashe hath begged of the House a great summe of mony out of the Composition for or Confiscation of Sr. Johns Estate And 4ly It is known to many That during Sr. Johns many years Imprisonment Ashe often laboured with Sr. John to sell unto him for 4000l a Parcel of Land which cost Sr. John above 10000l promising him to passe his Composition at an easy rate to procure his enlargement from prison and send him home in peace and quiet if he granted his desire But although with all their malitious diligence they cannot finde him guilty of High Treason yet their Articles of Impeachment Charge him in general Tearms with Treason Murder Felony and other High Crimes and Misdemeaners and amasse together such a Sozites and and Accumulation of Offences as if one fail another shall hit right to make him punnishable in one kinde or other such a hailshot charge cannot wholly misse either they will have life estate or both Contrary to the Nature of all Enditements and Criminall Charges whatsoever which ought to be particular cleere and certain Lamb pag. 487 that the accused may knowe for what Crime he puts himself upon Issue But this Court as High as it is not being Constituted a Court of Recorde the Prisoner and those that are concerned in him can have no Recorde to resorte to either 1. To demande a writ of Error in Case of Erronious Judgement 2. To ground a plea of Auterfois Acquite in Case of New Question for the same fact 3ly Or to demande an Enlargement upon Acquitall or 4ly To demand a writ of conspiracy against such as have combined to betray the life of an Innocent man Whereby it followes That this prodigious Court hath power onely to Condemne and Execute not to Acquite and give Enlargement Contrary to the Nature of all Courtes of Iudicature and of Iustice it self it is therefore a meer Slaughter house to Commit Free State Murders in without nay against Law and Iustice and not a Court of Iudicature to condemne the Nocent and absolve the Innocent And the Iudges of this Court runne Paralell with their Father the Devill who is ever the Minister of Gods wrath and fury never of his Mercy The humble Answer of Col. Eusebius Andrewes Esquier to the Proceedings against him before the Honourable The high Court of Justice 1650. THe said Respondent with favour of this Honourable Court reserving and praying to be allowed the benefit Liberty of making farther Answer if it shall be adjudged necessary offereth to his Honorable Court That by the Stat. or Charter stiled Magna Charta which is the Fundamentall Law and ought to be the Standard of the Laws of England Confirmed above 30 times and yet unrepealed it is in the 29 Chapter thereof graunted and enacted 1. That no Free-man shall be taken or imprisoned or be disseised of his Freehold or Liberties or Free Customes or be outlawed or exiled or any other wayes destroyed Nor we shall not passe upon him but by a lawfull Judgement of his Peers or by the Law of the Land 2. We shall sell to no man nor deferre to any man Justice or Right By the Stat. 42. Ed. III. chap. III. The Great Charter is commanded to be kept in all Points and it is enacted That if any Stat. be made to the Contrary That shall be holden for none By the Act 26. March 1650. entituled An Act for Establishing An High Court of Justice Power is given to this Court To Try Condemne and Cause Execution of death to be done upon the Freemen of England according as the Major Number of any 12 of the Members thereof shall Judge to appertein to Justice And thereupon the Respondent doth humbly inferre and affirme that the Tenor of the said Act is diametrically opposite to and inconsistent with the said Great Charter And is therefore by the said recited Stat. 42. Ed. III. to be holden for none Secondly That it can with no more Reason Equity or Iustice hold the reputation or value of a Law if the said Stat. had not bin then if contrary to the 2d Clause of the 29. chap. of Magna Charta it had bin also enacted That Justice and Right shall be deferred to all Freemen and sould to all that will buy it By the Petition of Right 3o Car upon premising That contrary to the Great Charter Trials and Executions had bin had and don against the Subjects by Commissions Martial c. it was thereby praied and by Commission enacted That 1. No Commissions of the like nature might be thenceforth issued c. 2. To prevent least any of the Subjects should be put to death Contrary to the Laws and Franchises of the Land The Respondent heereupon Humbly observeth and affirmeth That this Court is though under a different stile in nature and in the Proceedings thereby directed the same with a Commission Martiall The Free-men thereby being to be tried for life and adjudged by the Opinion of the Major Number of the Commissioners sitting as in Courtes of Commissioners Martiall was practised was agreeable to their Constitution And consequently against the Petition of Right in which he all the Freemen of England if it be granted there be any such hath and have Right and Interest and he humbly claimes his Right accordingly By the Declarations of this Parliament Dec. 15. Jan. 17. 1641. The benefit of the Laws and the ordinary Course of Justice are the Subjects Birthright By the Declarations 12. Iuly 16. Octob. 1642. The prosecution of the Laws and due administration of Justice are owned to be the justifying cause of the war and the end of the Parliaments Affaires managed by their Swords and Counsells and Gods curse is by them imprecated in case they should ever decline those ends By the Declaration 17. Aprill 1646. Promise was made not to interrupt the Course of Iustice in the ordinary Courts By the Ordinance or Votes of Non-addresses Ian. 1648. It is assured That though they lay aside the King yet they will govern by the Laws and not interrupt the course of Justice in the ordinary Courts thereof * And therefore this Respondent humbly averreth and affirmeth That the constitution of this Court is a breach of the Publike Faith of the Parliament exhibited and pledged in those Declarations and Votes to the Freemen of England And upon the whole matter the Respondent saving as aforesaid doth affirme for Law and claimeth as is Right That 1. This Court in defect of the validity of the said Act by which it is constituted hath no power to proceed against him or to presse him to a further Answer 2. That by virtue of Magna Charta the Petition of Right the before recited Declarations he ought not to be proceeded against in this Court but by an ordinary Court of Iustice and to be tried by his Peers And humbly prayeth That this
his present Answer and Salvo may be accepted and registred Eusebius Andrewes The Second Answer of Col. Eusebius Andrews Esquire To the Honorable The High Court of Iustice 1650. THe said Respondent with the Favour of this Honorable Court reserving and praying to be allowed the Benefit and Liberty of making further Answer if it shal be Necessary In all humblenesse for the present Answer offereth to this Honorable Court That by the Letter and genuine sense of the Act entituled An Act for establishing an High Court of Justice The said Court is not qualified to try a Freeman of England such as the Respondent averreth himself to be for life in Case of Treason For that 1. The said Court is not Constituted a Court of Record neither hath Commission returnable into a Court of Record So that 1. The State cannot upon Record and but upon Record cannot at all have that Account of their Freemen which Kings were wont to have of their Subjects and States exact else where at the hands of their Ministers of Justice 2. The Freemen and those who are or may be concerned in him can have no Record to resort to by which to preserve the Rights due to him and them respectively viz. 1. A writ of Errour in case of erronious Judgment 2. A plea of Auterfoies acquit in case of new question for the same fact 3. An Enlargement upon Acquitall 4. A Writ of Conspiracy not to be brought untill Acquitall against those who have practised to betray the life of the Respondent 1. The Writ of Errour is due by presidents Paschae 39. Ed. III. John of Gaunts Case Rot. Parliament 4. Ed. III. Num. 13. Count de Arundells Case Rot. Parliament 42. Ed. III. Num. 23. Sr. John of Lees Case 2. Auterfois acquit appears by Wetherell and Darleis Case 4. Rep. 43. Eliz. Vaux his Case 4. Rep. 33. Eliz. 3. The Enlargement appears by Stat. 14. Hen. VI chap. 1. Diers Reports fol. 121. The year book of Ed. IV. 10. fol. 19. 4. The writ of Conspiracy by The Poulters Case 9 Rep. fol. 55. This Court is to determine at a day without account of their proceedings and have power to try judge and cause Execution but not to acquit or give Enlargement So that the nocent are thereby punishable the injured betrayed not vindicable Which are defects incompatible with a Court of Justice and inconsistent with Justice it self and the honor of a Christian Nation and Common-wealth 2. The members of this Court are by the said Act directed to be sworn 1. Not in Conspectu populi for the Freemans satisfaction 2. Not in words of Indifferency and obliging in equality 3. But in words of manifest partiality viz. You shall swear That you shall well and truly according to the best of your skill and knowledge execute the severall powers given you by this Act 1. If the Court be Triers and Judges too it is humbly offered by the respondent that it is but reasonable that they should be sworn as Triers in the sight of the Freeman who shall be upon his Triall 2. And That as Justices of Oyer and Terminer They being authorised to hear and determine by the words of the Act. They should take an oath such as is usual equal set down E. III Viz You shall sweare That well and lawfully you shall serve our Lord the King and his People in the Office of Iustice c. And that you deny to no man Common Right 3. Or that this Court taking Notice of such high matters as Treason upon the guilt wherof the Freemens life depends should take an Oath at least as equall as a Iustice of the Peace Daltons Iust. of Peace fol. 13. the words are I A. B. do sweare that I will do equall Right c. according to my best wit cunning and power after the Laws and Customes of the Land and the Statutes thereof made c. 4. If the Court will be Judges and Triers too for they have power given them to conclude the Freemen by the opinion of the major number of twelve holding some resemblance but with a signall difference with the verdict of a Jury it were but reasonable that they should take an Oath correspondent to that usually administred to Iury-men The words are You shall well and truly try and true deliverance make betweene the Keepers of the Liberties of England and the Prisoner at the Bar according to your Evidence So help you God c. 5. When this Court as it is now constituted hath condemned a Freeman by applying their skill and knowledge to the power given them whether justly or not the Oath injoyned them by the Act 26. March 1650. is not broken literally as to be exactible by man though God will have a better account And therefore upon the whole matter premised The Respondent saving as before averreth for Law and Reason This Court by the words of the Act constituting it is not qualified in respect of the objected defects to passe upon him for life in case of Treason And praies this his 2l Answer may be received with the Salvo's and registred Eusebius Andrewes The third Answer of Col. Eusebius Andrews Esquire to the Honorable The High Court of Justice 1650. THe said Respondent with favour of this Honourable Court reserving and praying to be allowed the benefit and Liberty of making farther Answer if it shall be necessary in all humbleness for present Answer offereth to this Honorable Court 1. That it is his Right if he admit this Court to be duly and legally established and constituted as to their being a Court to be tried by his Peeres men of his own condition and Neighbourhood 2. That it is within the power of this Court by the Letter of the Act 26. March 1650. Or at least not repugnant to the Act to try him by such his Peeres c. 1. That it is his Right to be tried only so appeares by Mazna Charta chap. 29. 25. Ed. 3. chap. 9. 28. Ed. 3. chap. 4. 42. Ed. 3. chap. 3. 25. Ed. 1. chap. 1. and 2. 25. Ed. 3. chap. 2. and 4. 37. Ed. 3. chap. 18. By all which this Right is maintainable And the Proceedings contrary thereunto will be held for none and to be redressed as void and erronious So that if the Lawes and Courts were not obstructed in the cases of some sort of Freemen of England the whole proceedings contrary to these Lawes without a Jury of his Peeres were avoidable and reversable by Writ of Error as appeares by the Presidents vouched in the Respondents 2d Answer 3. That it is in the Courts power To try the Freeman and consequently the Respondent by a Jury of his Equalls The Court is humbly desired to consider the words of qualification 1. The Court is authorised To hear and Determine and so if at all Commissioners then Commissioners of Oyer and Terminer and such Commissioners in their naturall Constitution and practicall execution do
of all the blood shed this warre and should expiate those crimes with his blood If the King were not guilty these men are And therefore they passed this Vote Se defendendo Yet observe that herein they became Judges in their own cause and forejudged his Majesty before his Trial if that may be called a Triall that was carried on by men who were both Accusers Prosecuters parties and Judges and had neither law President formality of proceedings nor any other foundation of Justice or Reason to warrant them nor were delegated by any lawfull Authority These Votes thus passed and by this kinde of men were the foundation upon which they built their great Engine to destroy the King and Kingly Government together with the Religion Laws Liberties Lives and Properties of the people all condemned in that deadly sentence given against the King For having as aforesaid created by their own Votes themselves as absolute a power as they pleased and cast the people and all they have into that bottomlesse Chaos of their Arbitrary Domination They erect an Extrajudiciall unpresidented High Court of Justice to Try or rather to condemn without Triall the King Consisting of 150. Commissioners Souldiers Parliament men Trades men the most violent engaged and factious incendiaries of all the Antimonarchicall faction Amongst whom were many low conditioned mechanicks and Banquerouts whose fortunes are since repaired out of the Kings Estate and other publick Lands Goods and Offices as a reward for that Royall Bloud they spilt The King the Fountain of Law Justice Mercy Honour War and Peace The Head of the Parliament and Supreme Governour over all persons and in all causes thus violently removed presently as if the Mounds and Banks of the Sea had been overturned an impetuous innundation of bloudy thievish Tyranny and Oppression brake in udon us So that no man can call his life liberty house lands goods or any other his Rights or Fraunchises his own longer than the gratious aspect of some of our Graundees shine favourably upon him In the next place contrary to their own Declarations of the 9. Feb. and 17. March 1648. Wherein they promise that in all things concerning the lives liberties and properties of the people they will observe the known laws of the Land with all things incident therto They passe misbegotten Acts of Parliament one of the 14. of May another of the 17. of July 1649. whereby in derogation and annihilation of that excellent Stat. 25. Ed. III. Chap. 2. Ascertaining Treasons and reducing them to a small number And leaving nothing to the interpretation of the Judges that the people might not be ensnared they exceeding by multiplying Treasons bringing bare words as wel as deeds within the compasse of that offence and making many duties to which the laws of God and the land the Protestation and Covenant the oaths of allegeance obedience and Supremacy oblige us to be high Treason these new acts of Treason penned in obscure ambiguous terms purposely to leave a latitude of Interpretation in their own creatures the Judges that the People may be ensnared The King thus taken out of their way They passe dretended Hcts. 1. To Disinherit his children 2. To abolish Kingly Government for ever 3. To convert our ancient well tempered Monarchy into that which they call a Common-wealth or Free-State although nothing be therein free but their lusts nor hath it any form or face of Civil and just Government Wherein a confused Multitude rule by their own Wills without Law and for their own benefit no consideration being had of the good and happinesse of the People in generall 4. They Constitute a Senate or Councel of State of 40. men amongst which some Trades-men Souldiers illiterate Lawyers Parliament Members men already engaged over head and ears in sinne therefore to be confided in to these or any nine of these they entrust the Administration of this Utopian Common-wealth and these they would have us believe without telling us so are the Keepers or Gaolers of the Liberties of England These things being but Introductions to the Usurpation of these Kinglings and having been already shewed to the world by many pens I content my self to give a cursory view of them and hast to my intended task to shew that this Usurped power is kept and administred by as wicked and violent policies as it was gotten by The first endeavour of all Tyrannicall Usurpers is To lessen the number of their Enemies either by flattering and deceiving them or by violently extirpating and rooting them out And such have been the attempts of our new Cromwellian Statists ever since without any calling from God or the people they toook upon them the Supreme Authority of the Nation subverted our well mixed Monarchy and created themselves a Free-State 1. They endeavoured to sweeten and allure to act with them as many of the Secured and Secluded Members Ministers and other Phesbyterians as they could to the end that ex post facto being guilty of their Sinnes they might be engaged in one common defence and go halfs with them in their ignominy and punishment though not in their power profit and preferments in which the Godly will admit no Rivalls but like their Patron the Devil cry all 's mine But this Design failed for the most part 2. Their second Endevour was how to dimmish the number of their Opposites Royalists and Presbyterians by a Massacre for which purpose many Dark Lanthorns and Ponyards were provided last Winter 1649. But same prevented this plot which coming to be the Common rumour of the Town put them in mind of the danger infamy and hatred that would overwhelm them So this was laid aside At last they invented two other Engins no lesse bloudy then and as effectuall as a Massacre 3. The Engagement is the first of these two Gins which all persons are enjoyned to subscribe by their Act â— Jan. 1649. To be true to the Common-wealth of England as it is now established without a King or House of Peeres And this is obtruded under no lesse penalty then To be totally deprived of all Benefit of Law whatsoever Now the Laws of the Land being the onely Conservators of our lives Liberties and Estates without which lawes all men have a like property to all things and the strongest have right to all is possest by the weaker since the Law onely distinguisheth Meum and Tuum what is this but to expose the Liberties of the Non-Engagers to false Imprisonments our Estates to rapine spoil and Injustice and our Lives and Persons to wounds and Murders at the will and pleasure of such as will engage with our Usurpers but especially at the pleasure of their own Souldiers to whom I conceive this Outlawry was intended as an Alarm or Invitation to plunder and massacre the Non-engagers and to pay themselves their Arrears of which these Parliament men have cousened them out of their Estates and though the
proceedings but at their own pleasure 1. ARTICLE All Petitions heretofore tendered to the States or Cities Corporate against the erecting of New Episcopall Sees or against the Holy Inquisition or requiring a Moderation of Decrees or Acts of State or Parliament are accounted meer Conspiracies against God and the King 2. ARTICLE All Nobles Gentry Judges Magistrates and all others who connived at Hereticall Sermons plundering of Churches and delivering such Petitions as aforesaid pretending the necessitie of the times and did not resist and oppose them 3. ART Whosoever affirms That all his Majesties Subjects of Belgia have not forfeited their auncient Priviledges Immunities and Lawes for Treason and that it is not lawfull for the King to use and handle them for the aforesaid Treasons as he pleaseth to prevent the like Treasons for the time to come and that the King is not absolved thereby from all Oathes Promises Graunts Contracts and Obligations whatsoever 4. ART They that affirm This Counsell or high Court of Justice to exercise Tiranny in their Proceedings or Judgements and that they are not Supreme and competent Judges in all causes Criminal and Civil 5. ART Those that in case of Heresie deny that all manner of Informers and witnesses of whatsoever Degree and condition they be are to be credited and that upon the Testimony of any two witnesses this High Court ought to proceed to Judgement execution and conflication of life and goods without publishing the cause or charge and without any legal form of Triall All these are guilty of high Treason against God and the King The Rigor Cruelty and Injustice of this New erected Counsell of Bloud or High Court of Justice inforced the Lowe Countries to revolt and cast off the King of Spain LEt us now examine whether in some one little Province or Island belonging to that vast Roman Empire and in some meane petty fellowes Natives of that Island men even at home of obscure birth breeding and fortunes we can not finde examples of Ambition usurpation and Tiranny as high and transcendent as bloudy and destructive as covetous and greedy as any of the fore-cited presidents And which is worst of all carried on by those that call themselves Christians nay Saints which is more than they vouchsafe to Saint Peter and the rest of the Apostles though glorified Saints in the Church Triumphant and such as in all their bloudy oppressing cheating Designes promoted by perjury Treachery breach of Faith Oaths and publike Declarations pretend to the singular favour Providence and will of heaven as confidently as if they could shew Gods special commission to warrant Usurpation Treason Tyranny and Thievery It is not unknown by what Artifices frauds falsified promises Oaths and covenants a party of Antimonarchists Schismaticks and Anabaptists lurking in the Parliament fooled the People to contribute their blood and money towards the subduing of the King and in him of themselves and how by the same wayes and subtleties the said Party in the two Houses now combined openly under the Generall Title of Independents engaging and conspiring with the Officers of the Army and Souldiery expelled by armed force seven parts of eight of the House of Commons leaving not above 43 or 44 of their own engaged Party sitting men enriched with publike spoiles and voting under the power of the Armies commanders whose commands are now become a law to the said sitting Members as their Votes are become Laws to the Kingdome In Obedience to their said Masters of the Army The said Remainder of Commons voted down the House of Lords though an integrall and principall Member of the Parliament of England farr antienter then the House of Commons and having a power of Judicature and to administer an Oath which the House of Commons never had nor pretended to have untill this time that they overflow their Bounds and the whole Kingdomes under the protection of their Army which prerogative of the House of Lords is clearly demonstrated by the House of Commons standing bare before them at all conserences as the Grand Enquest doth before the Judges because they rejected the Ordinance for Triall of the King And now these Dregs and Lees of the House of Commons take upon them to be a compleat Parliament To enact and repeal Statutes to subvert the Fundamentall Government Laws and Liberties of the Land To pull up by the Roots without Legall proceedingss every mans private property and possession and destroy his life To burden the people with unsupportable unheard of unparliamentary Taxes Impositions Excise Freequarter buying of New Arms after the Countrey have been disarmed of their old Arms three times in one year Pressings and Levying of Souldiers Sequestrations Plundering of Houses and Horse and many other oppressions more than the Turk Russe or Tarter ever heard of of all which our Grandees are free and lay them upon others as partially as they please purposely to consume them To make Religion but a stalking horse to their designes and the Ministers thereof but hostlers to rub down curry and dresse it for their riding to whom they send Commands what they shall and shall not preach to the people as if preaching were the Ordinance of man not of God At last by way of preparative to their machinanations they passe these following votes 1. That all Supreme power is in the people 2. That the Supreme Authority under them is in the peoples Representatives or delegates in Parliament assembled Meaning themselves you may be sure the Quintessence and Elixar of the House of Commons extracted by those learned Chimicks Doctour Fairfax Doctour Cromwell and the rest graduated at that degraded University of Oxford Here note they voted the Supreme power to be in the people that they might use those Gulles as Conduit Pipes or Trunks to convey the Supreme Authority into themselves the better to enslave the people And tickle them whilest they fasten about their necks the Iron yoke of a Military Oligarchy wearing the Mask of a perpetuall Parliament 3. That whatsoever the Commons in Parliament shall enact shall have the power and force of an Act of Parliament or Law without the consent of the House of Lords or the Kings Koyal Assent any statute law custome or usage to the contrary notwithstandingr they might have said all our statutes laws customes c. notwithstanding This one vote hath more of Dissolution and more of Vsurpation and Innovation in it than any I yet ever read of This is universally Arbitrary and layes the Ax to the root of all our Lawes Liberties Lives and properties at once What these men will they vote What they vote is Law Therefore what they will is Law 4. That to wage warre or beare Arms against the Representative body of the People or Parliament is high Treason By the law all Treasons are committed against the King his Crown and Dignity 5. That the King hath taken up Armes against this Parliament and is therefore guilty
not by any Law of the Land but by the will of lawlesse power and Rebellion that hath cancelled all our Lawes Liberties and Properties and subverted our Fundamentall Government and disfranchised and disinherited the whole Nation Yet Master St. Iohns in his said Argument against Strafford p. 38. was then of opinion That to subvert the Lawes and Government and make a Kingdom no Kingdom was Treason at the Common Law This Act 26. Mar. 1650 is a new modelled Commission of Oier and Terminer And all the people of the Land are by the consequence thereof disfranchised and proscribed The illegality and tyranny thereof they have introduced who in this Parliament so zealously complained against the Court of the President Counsel of York or of the North as an intolerable grievance notwithstanding it had been of as long continuance as from 31. H. 8 as appears by a worthy Members speech or Argument against it in the said Book of Speeches Passages p. 409. made by order of the House of Commons in April 1649. I find not one Exception there made against the Court of York to which this upstart high Court is not more liable then it 1. The Commissioners of this high Court are not appointed to inquire per Sacramentum proborum legalium hominum that is by Iuries as by Magna Charta and above 30. Statutes confirming it all Commissions ought to run 2. They are not appointed nor sworn to heare determine Secundùm Leges Angliae according to the known Lawes as they ought to be but according to certain Articles powers given in the said Act 26. March 1650. 3. The said Act 26. March leaves a dangerous latitude to the interpretation and discretion of the Commissioners contrary to what is done in the Act 25. Ed. 3. chap. 2. namely It hath one Clause enabling them to inflict upon Offenders such punishment either by death or otherwise corporally as the said Commissioners or the major part of them present shall judge to apperteine to Justice This leaves it in the brests of the Commissioners without any Law or rule to walk by to inflict what torments and ignominious punishments they please although not used in our Nation and arbitrary corporall paines are proper to slaves not to Subjects Here after the losse of all but their bodies the people may see their bodies subject to the lawless wills of our Grandees And by another clause this Act impowreth the Commissioners To examine witnesses upon oath or otherwise if need be This word or otherwise c. gives them power to examine witnesses without oath if they cannot procure witnesses so far the sons of Belial and cauterised in conscience as to adventure upon an oath even in case of life and death and mutilation of members contrary to the current of all our Lawes and practice of all our Courts of Law and of all Nations See Stat. 1. Ed. VI chap. 12. 5 Ed. VI chap. 11. Cooks 3. Inst. pag. 24 25 26. Deut. 17. 6. Ex ore duorum vel trium peribit qui-occidetur Deut. 17. 6. Matth. 18. 16. John 18. 23. 2 Cor. 13. 1. Heb. 10. 28. This is the most arbitrary destroying liberty that ever was given to Iudges And such as none but professed theeves and murderers will accept or make use of The Scripture saith An oath is the end of controversy between man man How then can they end and determine a controversy without oath But the end of all controversies before this Butcher-row of Iudges is cutting of throats and confiscation of estates And by the same clause of the said Act To examine witnesses They may and I heare do examine witnesses clandestinely and proceed upon bare Depositions read in Court whereas they ought to produce the witnesses face to face in open Court and there sweare them that the Party accused may interrogate them and examine the circumstances and whether they contradict themselves or one another for cleering the Evidence And whether they be lawfull witnesses or no Nay I hear they do privately suborn and engage witnesses without oath And then produce them to swear what they have formerly related only and if they scruple at an oath punish them for misinforming the State 4. That I may make some more use of the aforesaid Members words Whether the King or a prevailing Party usurping his Kingly power may canton out a part of his Kingdom or cull mark out for slaughter some principall men deny them the benefit of law in order thereto as these Judges do to be tried by speciall Commission since the whole Kingdom is under the known lawes Courts established at Westminster It should seem by this Parliaments eager complaint against the speciall Commission of York this Parliament hath determined this question in the negative allready whatsoever their present practise to carry on their Designe is See Stat. 17. Car 1. against the Star Chamber To what purpose serve those Statutes of Magna Charta and the Petition of Right if men may be fined and imprisoned nay murdered without Law according to the discretion of Commissioners This discretion is the quick-sand that hath swallowed our Properties and Liberties but is now ready to swallow our carkasses Thus far that Gentleman Whose words then carried the Parliamentary stamp upon them Let me add some more exceptions of my own against this high Court of Injustice 5. Soldiers of the Army are appointed by the Act 26. March to be assistant to the Commissioners contrary to the peaceable proceedings of the Law which never makes use of any but civill Magistrates and Officers of the Law See Stat. 7. Ed. l. 2. Ed. III. chap. 3. 7. R. II. chap. 13. 6. And contrary to the old oath which all Judges ought to take in these words You shall sweare well lawfully to serve the King people in the Office of Justice c. And that to what estate condition they be come before you in the Sessions with force and armes against the peace against the Statute thereof made to disturbe the Execution of the Common Lawes or to menace the people that you arrest their bodies c. Stat. 18. Ed. III. in An. Dom. 1344. p. 144. Poultons Book of Stat. at large But the oath appointed for these Commissioners to take is not penned in termes of Indifferency Nor doth any waies oblige them to the people 26. Mar. 1550. viz You shall sweare well and truly according to the best of your skill and knowledge to execute the severall powers given you by this Act not well lawfully to serve the people Besides they swear to execute the severall powers given not to do Justice according to the Lawes Now the Lawes are the only Rules of Iustice by which we distinguish crooked from streight true from false right from wrong This is not the work these Iudges are packed for but to execute Acts of power and will But powers are often usurped tyrannicall illegall
Rule they interpret and to this they conform the Scriptures not their Consciences to the Scriptures setting the Sunne Diall by the clock not the clock by the Sunne Diall That every man must pray according to the Dictates of his private Spirit They reject the Lords Prayer for fear of quenching the Spirit When they break their Faith Articles Promises Declarations and Covenants they alleage the Spirit is the Author thereof When Cromwell contrary to his Vows and Protestations made to the King kept him close prisoner in Carisbrook Castle He affirmed the Spirit would not let him keep his word When contrary to the Publike Faith they Murdered Him they pretended They could not resist the Motions of the Spirit Sua cuique Deus sit dira libido This Hobgoblin serves all turns 4. Their fourth principle is That they may commit any Sinne and retain their Sanctity in the very act of sinning For what is sinfull in other men is not so in the Saints who may commit any crime against the Law of God and yet it cannot be imputed to them for Sinne Because they know in their Consciences what they do So tender and delicate are their Consciences That they are capable of any Offence against their Neighbor without breach of Justice or Charity A righteous man is a law to himself 5. Their fifth principle is That 7. make a Church although men women and children and that this Church is Independent upon any other The Anabaptists though they neither profess to follow Paul nor Cephas yet declare themselves to be some of Cromwels Church some of John Goodwins some of Kiffins some of Patiences and some of Carters Church 6. Their sixth Independent principle is That if a man be questioned for any crime though his Judges have neither competent witnesses proofs nor Evidence of his guiltiness yet if they think in their Consciences he is guilty they may condemn him out of the Testimony of their own private consciences Is it not fit men so principled should be Judges and Jury too condemn men by inspiration So Col. Andrews and Sr. John Gell were condemned for Bernard and Pits witnesses against them were apparently suborned by Bradshaw and Sir Hen. Mildmay against them and forsworn in the same cause and good proof offered to the Court that they were both Flagitious men of scandalous life and conversation The letter supposed to be sent by Andrews to Gell was delivered to Bradshaw whereof Bradshaw sent a Copy onely to Gell at ten of the clock at night and had a warrant then ready to arrest Gell which was done early next morning before he could conveniently discover it Yet was Gell sentenced for Misprison of High-Treason See Sr. John Gells case stated August 1650. with Colonel Andrews Attestation in his behalf under his hand a little before his death And though Sr. John was Impeached and Mr. Atturney prosecuted him only for Misprision yet had he much a do to keep that blood thirsty old curre Keeble from taking a leap at his throat and giving Judgment against him for High Treason So for want of law Sr. John had like to be hanged by Inspiration and Instinct of the spirit He that will see more of these Independent Tenets Let him read Cl. Salmasius chap. 10. Defensionis Regiae Elenchus Motuum nuperorum in Anglia And the History of Independency 1 and 2. part These 6. I have selected that by comparing their Doctrine with their daily Practise the Reader may perceive what pious Christians good Patriots and upright Judges these engaged Independent Commissioners of the High Court of Justice are like to prove The builders of this New Commonwealth or Babel hold forth to the People Justice and Liberty as their Motto as if those excellent guifts had never received their birth nor bin so much as shewen to the People untill they murdered the King and stepped into his Throne But how righteous a Free State or Commonwealth is this like to be And how well are the People therein like to be instructed in the wayes of Righteousnesse Justice and Charity and improved in good life and conversation by men so principled as aforesaid Let the world judge Especially when they observe That our New Statists have enacted in the said pretended Act 2. Jan. 1649. enjoyning the Engagement That who soever will promise Truth and fidelity to them by subscribing the Engagement may deale falsely and fraudulently with all the world besides And break all Bonds Assurances and Contracts made with Non-engagers concerning their Estates and pay their Debts by pleading in Bar of all Actions That the complainant hath not taken the Engagement This is to robb the Aegyptians of the good things of this world This is to break their Faith by the motions of the Spirit This is to cheat and rob their Neighbours without breach of Charity or Justice and without imputation of Sinne according to their aforesaid Tenets 3. I am come now to consider in the third place The way and Manner of their proceedings How consonant they are to the usuall proceeding of our known Laws and Legall Courts of Judicature the best Inheritance of all Freemen whereof see Colonel Andrews 3. Answers in his Defence given into the said High Court Here with printed 1. The first Course they commonly take is To break open mens Houses Studies Chests c. and seise their Papers and thereby hunt for Matter of Charge against them And then to examine them against themselves upon the said Papers contrary to Magna Charta which saith Nemo tenetur prodere seipsum And contrary to the Doctrine of Christianity which forbids a man to destroy his own life or be Felo de se as many men unwittingly doe who answer to captious ensnaring questions What that tempting question was put to Christ Art thou the King of the Jews He returned no other Answer then Thou sayest it Why askest thou me Aâ—ke them that heard me That is Ask witnesses It was objected against the Oath ex Officio That it was High Injustice to examine a man against himself Because his Answers may only serve to condemn but not to acquit him 2. They usually break open houses with Souldiers at all hours of the night pulling men out of their beds with great violence and terrour and so carrying them away under pretence whereof Robberies and Murders have bin committed Whereas by the Stat. 1. Edw. VI chap. 12. and 5. and 6. Edw. VI chap. 11. A man ought not to be accused of High Treason but to one of the Kings Counsell or to one of the Kings Justices of Assize or to one of the Kings Justices of the peace being of the Quorum or to 2. Justices of the Peace where the Offence is committed Cooks 3. Inst. chap. High Treason p. 26 27 28. 3. They Commit men to prison without any Accusation or Accusor made known and during pleasure and detein them in prison many years together without any Legall proceedings or charge
against them sharing their Estates Offices and Revenues by Sequestrations and Suspensions of the Profits amongst themselves without any Crime objected And so leave them to sterve rot or dye in nasty Gaoles for want of Maintenance under the cruelty of covetous and mercilesse Gaolers whom they bear out for mony in all their Extortions And being thus imprisoned and wounded with the displeasure of the State no man dares adventure upon any security to lend him mony for fear of incurring the disfavour of the State and a Note of Malignancy whereby their Prisons are become private Slaughter houses as well as their Courts Publike Shambles of Injustice Prisoners in the Tower of London To which prison no Gaole delivery belongs were alwayes wont in the time of that supposed Tyrant King Charles I. and his Predecessors to have allowance from the King according to their severall degrees As 5l a weeke for an Esquire c. although the King deprived them of no part of their estates untill conviction and this Maintenance was provided for them by the Lieutenant of the Tower and in respect of his care and paines in procuring it he had Fees and not otherwise though now they continue and increase the said Fees the cause being taken away the effect ceaseth not But these men now in power after they have Committed men and robbed them of their Estates without cause shewen are so farre from giving them any allowance to feed them that they shut them up close Prisoners in unwholsome chambers denying them the Liberty of the Tower and the benefit of fresh Aire the Cameleons Diet for their health and resort of friends for their accommodation And that they may be sure to deprive them of all legal means by habeas cotpus to recover their liberties They commit men by illegal warrants not expressing any particuler Offence or cause for their commitment so that it is impossible for the keeper of the prison to obey the habeas corpus which is directed to him in these words Precipimus tibi quod compus A. B. una cum causa detentionis fuae habeas coram nobis c. ad recipiendum ea quae curia nostra c. Wherupon the Goaler or Sheriff is to bring his Prisoner to the Bar and tender his mittimm to the Court shewing the particuler cause of his Imprisonment that the Court may judge whether it be Legall or no Dolosus versatur in Generalibus In the Acts of the Apostles chap. 25. ver. 26. 27. Festus thought it unreasonable to send Paul a Prisoner to Caesar to whom he had appealed and not withall to signifie the Crimes laid to his Charge See Cookes 2. Instit. fol. 591. 4. Their usuall course of practising and suborning witnesses tempting them with hopes and terrifying them with fears is so notorious that it is known the Counsel of State have hundreds of Spies and Intelligencers Affidavit-men and Knights of the Post swarming over all England as Lice Frogs did in Egypt and have both Pensions and set rates for every polle brought in So that now the whole Nation is proscribed and every mans head set to sale and made a staple commodity far beyond the definite proscriptions of Silla the Triumvirate aforesaid These sons of Belial are sent forth to compasse the earth seeking whom they may devoure These with the Liberty of Priviledged Spies speake bold Language to draw other men into danger and plot conspiracies which themselves derect and are rewarded like Decoy Duckes for their paines Of this sort are Bernard and Pits set on work to betray Gell and Andrews as aforesaid For which Bernard had 300l and a Troope of horse conferred upon him Johnson that falsly accused Sr Rob. Sherly and Col. Egerton for their charity in releiving his wants is another Varney is a fourth So well are they fitted with these Sons of Belial that no Naboth can keepe his Vineyard if a Grandee cast a covetous eye upon it they can prove what they list Nay it is usuall for our Grandees to molest one man with examining him 20. or 30. severall times against one Prisoner upon one point to distract his memory not to let him be quiet until he perceive He must speak what their questions and discourses lead him to to redeem himselfe from vexation To say nothing of their Menaces To torture men if they will not confes what they impudently pretend is already discovered by other means And their insinuating into the affections of witnesses by asking them Whether the State doth not owe them money And why they doe not use fitting means and opportunities to recover it And why they do not make means for some beneficial employment 5. In Magna Charta chap. 29. it is enacted That no Freeman shal be taken or imprisoned or be disseised of his Freehold or Liberties or free Customes or be outlawed or exiled or any otherwise destroyed nor we will not passe upon him or condemne him but by lawfull Judgement of his Peares or by the Law of the Land We will sell to no man We will not deny or deferre to any man Justice or Right See Statut 2. Ed. III. chap. 8. 5. Ed. III. chap. 9. 14. Ed. III. chap. 14. 25. Ed. III. chap. 4. 11. R. II. chap. 10. Pet. of Right 3. Car. 1. 10. Ed. IV. fol. 6. Dier fol. 104. Cooke lib. 5 fol. 6. lib. 10. fol. 74. lib. 11. fol. 99. Regist. fol. 86. Where note the word Peeres signifies that no man is to be condemned or destroyed but by the lawful verdict of a Iury of 12. sworne men of the Neighbourhood where the Fact was committed because in probability Neighbours may have best cognizance of the Fact and of the life and conversation of the Party Accused And these only are Competent Judges of Matter of Fact in many cases of Matter of Law too if they will take the knowledge of the Law upon them Neither can this Petty Jury of 12. men goe upon the prisoner unlesse a Bill of Inditement containing the whole Matter of charge be first found in open Court by a Grand Jury or Enquest of sworne men who are to enquire of the Fact upon the Oathes of two lawfull witnesses at least to every material Point of the Enditement and then when the Grande Enquest are all agreed the Foreman endorseth upon the backe of the Bill Billa vera and then presents it in open Court as the Information for the King of the whole Enqueste otherwise the Enditement is quasht and nul Cookes 3. Instit. chap. High Treason and Petty Treason And whereas the Statut. saith but by his Peeres or by the Law of the Land Lex Terrae signifies The Auntient Customes of the Land Amongst which Fundamentall Customes Trials by Juries hold a principall place And when the King Charles I. accused this Parlament That they disposed of the Subjects Lives fortunes by their votes contrary to the known Laws of the Land This Parlament in their
3. To repell an Injury done to your self or to your Ally in league with you The ultimate end of these wicked Endeavours is To establish and cement with the bloud of their Adversaries the Kingdom of the Brambles or Saints already founded in bloud By cutting off all such by their said New Acts of Treason and High Court of Justice as will not bow their Necks to their Iron yoake Which appears more cleerely in an Additionall Act giving farther power to the said High Court dated 27. Aug. 1650. To hear and determine all Misprisions or concealments of Treasons mentioned or contained in any of the said Articles or Acts of Parliaments And to inflict such punishments and award such execution as by the Lawes and Statutes have bin or may be inflicted This Lawe if I miscall it not considering how they have multiplied Treasons by their said 3 New Statutes 14. May 17. July 1649. and 26 March 1650. Whereby bare words without Act are made High Treason Contrarie to those well approved Statutes 25. Ed. III. chap. 2. 1. Hen. IV. chap. 10. 1. Edw. VI chap. 12. I. Mariae chap. 1. Cooke 3. Instit. saith That words may make an Heretique not a Traitor Chap. High Treason And the Scripture denounceth a wo to him That maketh a man an Offender for a word is one of the cruelst and most generally dangerous and entrapping that ever was made For hereby all Relations Husband and Wife Parents and Children Brothers and Sisters Masters and Servants are all injoyned to be informers against and Accusors of one another which is to take upon them the Devils Office and be Accusatores Fratrum for light and vain words spoken onely in Passion or ignorantly or else they fall into the Jawes of this alldevouring Court from whence no more then from Hell there is no Redemption for Misprision of Treason the Penaltie whereof is losse of Libertie and Lands for life and of Goods for ever Who can imagine lesse heerby but that our Statistes intend to raise a yearly revenue by this Court by Forfeitures and Confiscations and to erect an Office of Master of the States Forfeitures like Empsons and Dudleis in Hen. VII time aforesaid And so continue this Court to weede out the Auntient Inhabitants Cananites and Amalechites The said Additional Act 27. Aug. 1650. concludes That the said High Court shall not examine Try or proceed against any Person other then such as shall be first by name appointed by the Parliament or Counsel of State It should seem the Parliament and Counsel of State supply the want of a Grand Enquest and their Appointment is in stead of a Bill of Enditement found and presented As assuredly as The High Inquisition was erected in Spain by Firdinando and Isabella to extirpate the Mahometan Moors And the said Councel of Bloud in the Lowe Countries by the Duke D'Alva to weed out the Lutherans Calvinistes and Anabaptistes So is this High Court set up in England to root out the Royallistes Presbyterians and Levellors and generally all that will not wholly concurre with our Independents in Practise and Opinions As will manifestly appear when their work is don in Scotland which will soon be effected the more zealous Scots being now as ready to sell their Kingdom as they weare formerly to sell their King I Conclude therefore upon the Reasons aforesaid That because the Commissioners or Judges are not sworn to do Justice according to the Lawes And are Parties pre-in-gaged as well as their Masters and Pay-Masters that named them ignorant men and of vild and base professions uncapable of places of Judicature Necessitous Persons and some of them Scandalous and the High Court it self hath neither Law President nor any just Authority for Constituting thereof or the Judges therein And all proceedings before them are directly Contrary to Magna Charta the Statut. 25. Edw. III. chap. 2. The Petition of Right and all other known and Established Laws and the continual Practise of our Nation and in many Points Contrary to the Law of God and the Dictates of Right Reason That these Commissioners are Incompetent Judges Their Court an Extrajudicial Conventicle tending to disinherite disfranchise and enslave all the Free-men of the Nation and all Proceedings before them are void and Coram non Judice See Col Andrews 3. Answers The said High Court of Justice to be a meer bloudy Theater of Murder and Oppression It being against Common Reason and all Laws Divine and Humane That any man should be Judge in his own Cause Neminem posse in sua Causa Judicem esse Is the Rule in Law But this Parliament and Counsell of State know they can not establish and confirm their usurped Tyrannie The Kingdom of the Saints eaâ—e up the People with Taxes and share Publike Lands Offices and Mony amongst themselves enslave the Nation to their Lawles wills and Pleasures but by cutting off the most able and active men of all opposite Parties by som such expedient as this Arbitrary Lawlesse High Court is The old Legall way by Juries being found by John Lilbourns Triall to be neither sure enough nor speedy enough to do their work A Butcher-Rowe of Judges being easier packed then a Jury who may be challenged So that it fareth with the People of England as with a Traviler fallen into the hands of Theeves First they take away his Purse And then to secure themselves they take away his life So they Robbe him by Providence And then Murder him by Necessity And to bring in their Third Insisting Principle they may alleage They did all this upon Honest Intentions to enrich the Saints and robb the Egiptians With these 3. Principles they Justify all their Villanies Which is an Invention so meerely their own That the Devil must acknowledge They have propagated his Kingdome of Sinne and Death more by their Impudent Justifications then by their Turbulent Actions An Additional Postscript SInce the Conclusion of the Premises hath happened the Trial of that worthy Knight Sr. John Stowell of the County of Sommerset Who having bin often before this Court hath so well defended himself and wiped off all Objections and made such good use of the Articles of the Rendition of Excester that in the Opinion of all men and in despite of their ensnaring Acts for New Treasons he can not be adjudged guilty of any Treason Old or New which was the Summe and Complement of the Charge against him Wherefore the Court put off his Trial for a longer time to hunt for New Crimes and witnesses against him At last came into the Court as a witnes John Ashe notwithstanding he is a Party many waies engaged against him 1. Ashe is a Parliament man in which capacity Sr. John Stowell bore Armes for the King against him 2ly Ashe as a Parliament man is one of the constitutors of this Murderous Court and the Judges thereof and therefore their Creatures who expect rewards from them beare a more awfull respect to his