In all your Declarations you declare that binding and permanent Laws according to the Constitution of this Kingdom are made by King Lords and Commons and so is the opinion of Sir Ed. Cook whose Books are published by your own Order and who in the 2 part of his Institutes fol. 48. 157 and 3 part fol. 22. and 4 part fol. 23. 25. 48. 292. saith that Act that is made by King and Lords in Law binds not nor by King and Commons binds not or by Lords and Commons binds not in Law if so then much more invalid is the single Order of the Lords made against Law and can indemnifie no man that acts by vertue of it and your Ordinances made this Parliament in time of extream necessitie during denounced Wars are by your selves in abundance of your own Declarations esteemed adjudged declared but temporary and invalid as durable Laws which is evidently cleer out of the 1 par Book Decl. p. 93. 102. 112. 142. 143. 150. 171. 173. 179. 207. 208. 267. 277. 303. 305. 382. 697. 705. 709. 727. your expressions in the last page are we did and doe say that the Soveraign power doth reside in the King and both Houses of Parliament and that his Majesties Negative voice doth not import a Liberty to deny things as he pleaseth though never so requisite and necessary for the Kingdom and yet we did not nor do say that such bills as his Majestie is so bound both in Conscience and Justice to passe shall notwithstanding be law without his consent so far are we from taking away his Negative voice And if such Ordinances and Bills as passe both Houses are not Lawes by your own Doctrine without the Kings Consent then muchlesse can the Order of the single House of Lords be Lawes or supersedeaes to the Lawes And besides when divers honest and well-affected Citizens it may be out of a sensible apprehension of the mischiefs that acrue to the Kingdom by having the Supream authority lodged in three distinct Estates which many times so falls out that when two Estates grant things essentially good for the wellfare of the Kingdom the third Estate opposeth it and will not passe it which many 〈…〉 occasions war and bloud-shed to the hazard of the being of the Kingdom for the preventing of which they framed a Petition to your House Entitling it To the Supream Authority of this Nation the Commons assembled in Parliament in which they intreat you to be careful of the mischief of Negative Voices in any whomsoever which said Petition your House upon the 20 of May 1647. Voted to be burnt at the Exchange and Westminster by the hands of the Common Hangman and lately as I am informed there was a Petition of Master John Mildmans presented to your House and it was rejected by them for no other cause but because it had the foresaid title and therfore you your selves having rejected to be stiled the Supream Authority of this Nation I can see no ground or reason how you can upon your own Principles grant a supersedeas to Master Wollaston to overule my action at law against him and so de facto exercise the Supream Authority which in words you would have the Kingdom beleeve you abhorre neither can I iâ— reason or Justice conceive that if now you should own your selves for the Supream Authority of the Nation and the single and absolute Law-Repealers and Law-Makers thereof how you can deprive me of the benefit of those just Laws viz. Magna Charta Petition of Right and the Act that abolished the Star-Chamber that you have not avowedly and particularly declared to be void null and vacated as never to be in use any more in England Again yet in your Protestation in your Vote and Covenant and in your League and Covenant swore to maintain the Laws and Liberties of the Kingdom with your estates and lives and make the Kings Person and Authority but subservient thereunto or dependant thereupon And you have been so zealous to make Votes to disfranchise all those that will not take your Covenant as unfit to bear any Office in the Common-wealth or to give a Vote to chuse an Officer and can it stand with your Justice and Honour to deny me the benefit of that viz the Law which you have been so zealous in forcing the People of England to swear to maintain or can you in Justice and Honor be angry with me for standing for that viz. the Laws and Liberties of England which you have ingaged incited and forced thousands and ten thousands of the people of England to loose their Lives and Blouds for which I amongst others have upon zealous and true principles as hazardously ventured my life for as any man in England O let such an abominable thing be farre from men of honour conscience and honesty and let the fearfull judgments that befell the Hungarians as it were from God from heaven for breaking violating and falling from their faith and Covenant made with Amurah the Second the Sixt Emperor of the Turkes Recorded in the Fourth Edition of the Turkes History sol 267. 269. 273. 277 deterr all Covenant Makers and Covenant takers from breach of their Oaths Covenants and Contracts the breaking of which is highly detested and abhorred of God as a thing that his soul loathe as he declares in Scripture as you may read Exo. 20. 7. Lev. 19. 11 12. Deut. 23. 21 22 23. Psal 15. 4. Eccels 5. 45. Ezek. 17. 13 14 15. 10. 17 18. 〈◊〉 5. 3 4 8. 16. 17. Yea I say let the fearfull judgements wrath and vengeance Recorded by Sir Walter Rawley in his excellent preface to his history of the World that befell Tyrants and Oppressors whoafter they had broke their Oaths Faith Promises and Lawes made with the People and then turned Tyrants deterr you from such practises but especially the fearfull judgments of God that befel the most execrable thirty Tyrants of Athens who after the people of that City had set them up for the Conservators of their Laws and Liberties and who did many things well til they had got power into their own hands which they had no sooner done but they turned it poin blank against the people and fell a murthering robbing spoyling and destroying the innocent people and raised a Guard of three or foure thousand men of their own Mercenary faction whose destruction was fatall by the steeled resolution and valour of seventy faithfull and brave Citizens as you may â—â—ad in Sir Walter Rawleys History Lib. 3. Ch. 9. sec 2 3. Yea the Tyranny of Duke d' Alva cost his Master the King of Spaine the revolt of the Hollanders to his unimaginable losse But to returne did not you and the Lords the other day pass Votes and Communicated them to the Common Councel of London to declare to them and the whole Kingdom you would continue the Government by King Lords and Commons and can it new stand with your Honour and Justice to goe about to advance a single illegall Order of the Lords above
all the Laws made joyntly by you the Lords and King and to make Ciphers of your selves and your House as well as of the King which undeniably you do if you indemnifie Master Wollaston by superseding my action at Common Law against him Again have you not in your Declaration of the 15 of June 1647. in which is contained your Votes to lay the King aside and make no more applications or addresses unto him declared to preserve unto the people their Laws and to governe them thereby sure I am these are your own words having received an absolute denyall from his Majesty The Lords and Commons do hold themselves obliged to use their utmost endeavous speedily to settle the present Government in such a way as may bring the greatest security to this Kingdom in the enjoyment of the Laws and Liberties thereof And can it now stand with your honour and Justice to fall from this and all other your publique Declarations by denying me the benefit of the Law against Master Wollaston that unjustly imprisoned me and Tyrannically and closly imprisoned me to the hazard of my life and being and that by an illegall warrant of the Lords who have no power in Law to commit me or so much as to summon me before them in reference to a tryal much lesse when I do come at their Bar to deal with me like a Spanish Inquisition by examining me upon Interrogatories to insnare my self and refuse to let me see either accuser prosecutor indictment charge or impeachment but presse me againe and again to answer Interogatories against my self and so force me to deliver in a Plea according to my priviledg and the Laws of the Land against their illegall dealings with me and then to wave all pretence of any foregoing crime and commit me the 11 July 1646 to Master Wollaston to New-gate prison during their pleasure for delivering in that my very Plea which hath not a word in it but what is justifiable by Magna Charta and the Petition of Right and then when I am at Newgate by pretence of a Warrant of the 22 of June after for Master Wollaston to cause his servants to break into my Chamber and by force and violence to carry me before the Lords who had nor have no more Jurisdiction over me by the Laws of England to try me passe upon me or condemn me then so many Turks have and when I come there they only look upon me but lay nothing to my Charge neither by word of mouth nor writing but passe an Order in these very words Die Martis 23. Junij Ordered by the Lords assembled in Parliamen That Iohn Lilburn shall stand Committed close Prisoner in th Prison of Newgate And that he be not permitted to have pen ink or paper and none shall have accusse unto him in any kind but his Keeper untill this Court doth take further 〈◊〉 And that is when they 〈…〉 and just which I do confidently beleeve 〈◊〉 never be here is illegall 〈…〉 illegality and Tyranny upon the neck of that and yet Master Wollastone and that Barish fellow Briscoe executed it to the height without any scruple of conscience although they might have as well by vertue of the same Warrant have cut my throat as have used me as they did till the 11 of July 1646. at and upon which day they by force of armes with thirty or forty of the hangmans guard of Halberteers and against all Law and Justice carried me before the Lords upon pretence to hear my Charge read although the Lords had not nor have not in Law the least power in the world to try me or to summon me as hath been notably and undeniably proved in the Case of Sir Iohn Maynard and the four Aldermen in the releasing of whom as the Lords have done if ever they had any Jurisdiction over Commoners in any kind whatsoever they have now 〈◊〉 given it away for they were all impeached by the House of Commons and their impeâ—â—hments transmitted from them before ever they medled with them which I never was and yet flew as high in their Protestations and Declarations against the Lords Jurisdiction over them as ever I did whom notwithstanding for all this without stooping submitting or so much as petitioning the Lords released and of their own accord took all their proceedings against them off the file thereby declaring to the whole Kingdom that their own conscience told them they had no Authority in Law to go about to try them being 〈◊〉 of their Legall Judges though they were impeached by the House of Commons and that they had done nothing but their duty in protesting against them and their Jurisdiction over them Therefore my Lord Munson can it stand with the Justice and 〈◊〉 of your House in your first Remonstrance to the Kingdom pag. 6. to cry 〈◊〉 so bitterly as you do against the Kings Ministers who durst be so bold and presumptuous to break the Laws and suppresse the Liberties of the Kingdom after they had been so solemnly and evidently declared by the Petition of Right by committing divers free men of England to prison for refusing to stoop unto the Commission of Loan whereby many of them contracted such sicknesses as cost them their lives and detaining others close prisoners 〈◊〉 many months together without the liberty of using Books pen ink or pâ—per denying them al the comforts of life all means of preservation of 〈◊〉 nor permitting their Wives to come unto them And for the compleating of that cruelty after yeeres spent in such miserable durance to keep them still in their oppressed condition not admitting them to be bailed according to Law and oppressing and vexing them above measure and the ordinary course of Justice the common birth-right of the Subjects of England wholly obstructed unto them and divers others oppressed by grievous Fines Imprisonments Stigmatizings Mutilations Whippings Pillories Gaggs Confinements Banishments after so rigid a manner as hath not onely deprived men of the society of their friends exercise of their professions comfort of books use of paper or ink but even violated that neer union which God hath established betwixt men and their wivâ—â— by forced and constrained separation whereby they have been bereaved of the comfort and â—â—â—versation one of another Can all these doings be criminous and wicked in the King's Ministers and can your denying of justice for seven yeers together to me that suffered the grievousnesse of these very torments be just and righteous Let God and the world judge whether you by your actions do not justifie all the foregoing unjust proceedings nay and out-strip them in that you your selves do or suffer to be done when you have power enough in your hands to remedy but will not divers of the very self same things to some of the very self same men after in obedience to your commands in the sincerity of their
souls they have freely adventured their lives and so carried themselves in all their actions towards you that all their adversaries are not able nor ever were to lay in law my crime to their charge for the redresse of all the foresaid grievances and yet the best recompence you your selves give unto them is to toffe and tumble them yeer after yeer from Gaol to Gaol without laying any crime unto their charge denying them the benefit of their Birth-right the Law of the Land keeping thousands of pounds of their own from them and endeavouring in their long imprisonments to starve and murder them their Wives and Children by being worse then the King was to your Members who allowed them three foure and five pounds a man weekly notwithstanding their own great estates to live upon in allowing them never a penny to live upon endeavouring to protect all those unrighteous men that contrary to Law have endeavouted to murder and destory them and take away their lives and beings from the earth And all this is my own case and sufferings from you your selves Therefore Hear O Heavens and give ear O Earth and the righteous God and all just men judge betwixt â—â— And therefore if there be any truth or resolutions in you to stand to any thing that you say and declare I challenge at your hands the benefis of all your Declarations and Remonstrances which are all of my side and particularly the notablest of Declarations of the 6 of May 1643 and 17 April 1646. which was made before my contest with the Lords in which you declare 2 par Book De. fo 95. 879 that although the necessity of war have given some disturbances to loyall proceedings stopped the usuall course of justice 〈◊〉 the Parliament for the preservation of this right to impose and require many great and unusual payments from the good Subjects of this Kingdom and to take extraordinary wayes for the procuring of monyes for their many pressing occasions It having pleased God to reduce our affaires into a more 〈◊〉 condition then heretofore We do declare that we will not nor any by colour of any authority derived from us shall interrupt the ordinary course of Justice in the severall Court of Judicatures of this Kingdom not intermeddle incases of private interest otherwhere determinable unlesse it be in case of male administration of Justice wherein we shall so provide that right be done and punishment inflicted as there shall be occasion according to the Law of the Kingdom and the trust reposed in us Therefore seeing that you that stile your selvs the fountain and conservaâ—â—ry of the Law first par Book Declar. pag. 272 have declared in answer to the Kings Complaint against scandalous pamphlets which was the originall pretence of the Lords quarrelling with me that you know the King hath wayes enough in his ordinary Courts of Justice to punish such seditious 〈◊〉 and Sermons as are any way prejudiciall to his rights honour and authority pag. 208. and if the King the Superior or Creator of the Lords must be tyed in this case to the ordinary Courts of Justice according to the Laws of the Kingdom then much more the Lords the creature or inferiour to the King And therefore I hope you will not be angry with me for refusing obedience to the illegall commands of the single Lords the inferious or hinder me from obtaining Justice according to Law upon those that most barbarously executed them upon me seeing you and the Lords themselves have taught me and all the people of England disobedience to the illegall commands of the King the greater as cleerly appears by your Declarations of July the 12 July 26 1642. 1 par Book Decl. p. 201. 458. 483. The words of which last are That the Lords and Commons in Parliament do Declare That it is against the Laws and Liberties of the Kingdom that any of the Subjects thereof should be commanded or compelled by the King to attend him at his pleasure but such as are bound thereunto by speciall service And if any Messengers or Officers shall by colour of any command from his Majesty or Warrant under his Majesties hand arrest take or carry away any of his Majesties Subjects to any place whatsoever contrary to their wils that it is both against the Law of the Land the Liberty of the Subject and it is to the disturbance of the publick Peace of the Kingdom and any of his Majestie 's subjects so arrested may lawfully refuse to obey such Arrests and Commands To the same purpose you also were and declare in pag. 93. 95. 112. Therefore seeing the Law of the Land is so often by you declared to be the undoubted Birth-right of me as well as the greatest Lord in England or Parliament man whatsoever I earnestly crave and challenge at your hands as much for my self as you did at and from the hands of the King for the Lord Kimbolton and the five Members Sir John Hothan and the Lord Maior Pennington Alderman Foulke Col. Vean and Col. Manwaring viz. the benefit of the Law of England in the ordinary Courts of Justice which is not to be taken or imprisoned pass'd upon nor condemned but by due Processe of Law before a Justice of Peace according to the Law of the Land and not to be imprisoned but for a particular crime in Law expressed in the Commitment by those that have power in Law to commit me nor to be tried or condemned but by presentment c. before a Jury of twelve men of my Peers or equals of the same Neighbourhood where the fact was committed which is as you declare by Sir Edward Cook in 4 part Institutes fol. 41. the ancient and undoubted Birth-right of all the Subjects of England and to have my remedy at Law against all those that shall deal with me contrary to Law And that you challenged all these things for them before-mentioned you may read in your own Declarations pag. 7. 38. 39. 41. 53. 67. 77. 101. 123. 140. 162. 201. 203. 208. 210. 245. 277. 278. 459. 660. 845. All which I cannot doubt but you will grant unto me because it cannot rationally enter into my brest to conceive that you your selves can judge it consonant to Justice to set me and thousands and ten thousands of the people of the Kingdom to fight at your command for the preservation of our birth-right the Law and then for you to deny it unto us and deprive us of it and to recompence us with slavery which we are in when we lose the benefit of the Law Surely this cannot in honour and justice become you that call your selves the Conservators of the Law But if you shall avowedly deny me the benefit of the Law you frustrate your end in making Judges to be in Westminster Hall to execute the Law and put a mock upon the people and dissolve the whole frame and constitution of the civill Policy of the Government of this
his trayterous betraying their Country and so consequently all the North to the Earl of Newcastle for which c. â—e better deserved in Law equiry and reason to lose his head then either Hâ—mbleton or stout Capel did for theirs they having betrayed no trust but had the letter of the Law of England c to jâ—stifie them in what they did as â—e most palpably hath done And as for his breaking up the little Parliament his Star chamber wickednesse and his desperate Gun-powder Monopoly with his and his soâ—â— Sir Geoâ—ge Vane's late jugglings in the County of Durham I have pretty well anatomised in my book called The resolved mans resolution page 13. 14. 15. 16. 17. 18. his very having a hand in the Gunpowder Monopoly alone being sufficient long since to throw him out of your House as being uncapable to be â— Member therein as cleerly appears by your Votes and Orders of the 19. and 25 of Nov. 1640. one of which as it is printed in the foresaid Speechâ—â— and Passages pag. 329. thus followeth It is ordered upon the Question That all Projectors and Monopolizers whatsoever or that have had any share in any Monopolies or that â—â—receive or 〈…〉 receives any benefit by any Monopolies or Patent or that have procured any Warrant or Command for the restrainâ— or molesting of any that have refused 〈…〉 themselves â—â— any Proclamation or project are disabled by Order of this House to be â— Member thereof and shall be dealt with as a stranger that hath no power to sit there In the compasâ—e of which Order is â—oth Sir Henry Milâ—â—ore and Lawâ—â—â— VVhittaker and ought in justice for their noâ—orious Monopolising to be both long since thrown out of the House But again to return After I had done as much in the North as I could â—â— present do about my own businesâ—e I came again to London where I fixed up my resolution wholly to devote my self to provide for the future well-being of my wife and children and not without the extraordinariest necessity engage in any publick contests again making it my work to enquire into the true estate of things with the great men that sâ—t at the â—elm and whether the bent of their spirits now after they had taken off the King was to set the Nation free from Tyâ—anny as well as from some they called principal Tyrants and whether or no the drift of all their actions were but a meer changing of persons but not of things or tyranny it self and truly my observations and inquiries brought me in so little satisfaction in the visible intention of the ruling men for all their many solemn Ingagements to the contrary thâ— I looked cleerly at the whole tendency of their wayes to drive at a greater Tyranny then ever in the worst of the Kings Reign before the Parliament was exercised at which I bit my lip but said little and went to no meeting which made many of my old faithfull friends be jealous of me some of whom gave out some private hints that I had now served my self by my pretended Repâ—rations and I was thereby quieted and was become like all the rest of the world and so there was an end of me But I confesse I was in a kinde of deep muse with my self what to do with my self being like an old weather-beaten ship that would fain be in some harbour of ease and rest and my thoughts were very much bent of going into Holland where I conjectured I should be out of harms way and get a little repose And while I was thus musing I heard from thence of a most transcendent â—eight and rage that the Kings party there were in especially about the beheading the late King so that I judged there was no safety for me there especially when I called to minde what the Post-master of Bâ—rrow-brigs and others in York-shire told me as I came up from Newcastle which was that the Câ—â—liers in those parts were most desperate mad at me in particular about the beheading of the late King although I were as far as Newcastle when it was done and refused to give my consent to be one of his Judges although I was solicited so to be before I went out of London yea although I â—â—â—â—edly declared my self at Windsor against the manner and time of their intended dealing with him arguing there very stifly that upon their own principles which led them to look upon all legall Authority in England â—â— now broken they could be no better then murderers in taking away the Kingâ— life though never so guilty of the crimes they charged upon him for as justice ought to be done especially for bloud which they then principally charged upon him so said I and still say It ought to be 〈◊〉 justly 〈◊〉 in case another man murder me and a day a week or a yeer after my brother or friend that is no legall Magistrate execuces him therefore yet this is â—â—â—der in the eye of the Law because it was done by a hand had no Authority to do it And therefore I pressed again and again seeing themselves confess'd all legal Authority in England was broke that they would stay his tryall till a new and equal free Representative upon the Agreement of the well-assected people that had not fought against their Liberties Rights and Freedoms could be chosen and sit and then either try him thereby or else by their Judges sitting in the Court called Kings Bench. But they at Windsor ask'd me how by Law I could have him tryed I told them the Law of England expresly saith Whosoever â—â—rders or kils another shall die it doth not say excepting the King Queen or Prince c. but indefinitely whosoever murders shall â—e and therefore where none is excepted there all men are included in Law But the King is a man Ergo he is included as well as I. Unto which it was objected that it would hardly be proved that the King with his own hands kill'd a man To which I answered by the Law of England â—e that counsels or commissionates others to kill a man or men is as guilty of the fact as he or they that do it And besides the advantage of â—rying of the King by the rules of the Law would be sufficient to declare that no man is born or justly can be made lawlesse but that even Magistrates as well as people are subject to the penall part of the Law as well as the directive part And besides to try him in an extraordinary way that hath no reall footsteps nor paths in our Law would be a thing of extraordinary ill Precedent for why not twenty upon pretended extraordinary cases as wel as one and why not a thousand as wel as twenty and extraordinary cases are easily made and pretended by those that are uppermost though never so unjust in themselves And besides to try him in an extraordinary way when the Law hath provided all the essentials of justice in an
I am acquitted thereby my Lords by the Law of England from any more question about that 〈◊〉 although it should be granted I was never so guilty of it Unto which they replyed to my remembrance in these words A pox on you for a cunning subtill Rogue are you so cunning in the Law that we cannot lay hold of you here but yet for all your parts we will have you to the gallows for leavying Warr upon the traiterous commands of the Parliament against the Kingâ— And here â—aid they wee are sure the â—aw will reach you Whereupon I was immediately aâ—ter laid inâ—â—â—tons and brought to the Bar before the Lord Chief Justice Heath Sir Thomas Gardâ—ed Recorder of London c. and by Indictmâ—â—t aâ—â—oâ—ding to the rules of the Common Law aâ—râ—igned for a traytor for levying War in Oxfâ—â—dshâ—â—e against the King But my Plea to the businesse of Wâ—stminstâ—r and the Pâ—entiâ—â—â— was admitted for good law That being once judiciallâ—â—â—ed and acquiâ—ted I could no more be troubled therefore neithâ—r indeed was â— But according to the punctâ—liâ—es of the Law they gave me all the lair play in the world that the Law would allow me sâ—ffering me to say for my self at the Bar what I pleased releasing me of my close imprisonment and iâ—ons and allowed me pen ink and paper which the Jaylor kept from me upon my pleading before the Judge such usages being altogether contrary to law and that no such usage ought to be exercised in the least upon any prisoner whatsoever that wâ—◠〈◊〉 beaâ—â—ly rude in his impâ—â—lonment and that no supposed â—raitore◠〈◊〉 by law could be put to any paâ—â— or tormâ—nt before coâ—riction And truly Colonel Teâ—â—le I shouâ—d be very sorry and blush for shame 〈◊〉 considering my â—â—rong zeal in the Parliaments cause to see the day that the Parliament of England aâ— least thâ—se that so stile themselves that hath pretended so much righâ—â—â—â—ness and justice should be no more just to the Covaliers against whom they have fought for injustice and and oppression in denying them the benefit of the Law â—hâ—n they are in their power and mercy then the Kings Jadges were to me and other of your prisoneâ—â— when their lives were in their power and mercy in the hight of War and of their 〈◊〉 prosperity and yet granted us the benefit of Law in all things we claimed it in as Capt. Vivers of Bâ—nâ—ury arraigned with me can witnesse as well as my self Now Sir to make application the Parliament not long since when in its poâ—eâ— it was more aâ—unâ—â—ntly unquestionable then now it is after its new force condâ—â—â—â—ed CAPEL HAMBLETON HOLLAND c. to banishment for the very 〈◊〉 now to their charge anâ— thâ—refore in Justice and Law cannot a second time cause them to be adjudged to die for the veâ—y same things It s nothing to me nor to the Kingâ—om for you to say that when that Jâ—dgment pass'd they had so many friends sitting in the House as over-voted the honest Common-wealth's-men to the prâ—judice thereof for the majâ—r part is Parliament or else thâ—re â—s no parliament Therefoâ—e Sir I reason thus Eâ—ther that wherein that Judgment pass'd was a parliament or no Parliament â—if a Parliament then their judgment â—s to themselves especially was binding and the benefit of it they ought not to deny to them whose liveâ— are consâ—rved in it 〈◊〉 it were unjust in it self â—â— to the Nation But if you or any other man shall say it was no Parliament as having forfeited their trust in treating with the King again and so their Judgâ—â—nt not valid then with much more confidence say I this that now fits is no Parliament and so by consequence the High Court of Justice no Court of Justice at all and if for then to execute them upon their Judgment is absolute Murder But I would fain see that honest and valiant man in your House that duâ—st pretest against them for no Parliament But Sir besides this mark the consequence of it to all we Parliamenteers that have acteâ— under you and by vertue of your commands by these Proceedings First You have sold the Bishops Lands and given them thâ—â— bought them as they suppose good security for their quiet enjoyment of their Pâ—rchasâ—s I but within a little whâ—le after part of the very same Parliament alters their mindes and being becomâ—th maâ—or part by forcible Purgations illegall new Recruits or by any other â—ricks â—â—â—â—viâ—es and they vote all those bargâ—ins are unjust and the Purchasers ought to lose both â—eâ—r Land and Mâ—nâ—y where is then that stable security of Parliaments And yet such doings would be as just as your present dealings with CAPEL c. whose preceden◠〈◊〉 a precedent for that and much more of the same nature Bâ—t secondly The samâ— Parliament that condemded Capel c. to Bâ—nishment pass'd mulâ—itudes of Compositions with severall Cavâ—lierâ— as guilty of Tâ—eason in the 〈…〉 of it â—s they And by the same ruleâ—oâ— now condâ—â—n CAPEL 〈◊〉 after you have judged them to banishment you â—â—y adjudge all the compounding Câ—vâ—â—eers to â—â—â—angeâ— after you have adjudged them to composition and so put the Kingdom by 〈…〉 people desperate in an everlasting flame that never will have end becâ—â—se 〈◊〉 is â—o certainty in any of your proceedings but are â—s changeable as the wind thâ—◠〈◊〉 〈◊〉 Thirdly and most principally it is a common maximâ— in Law and Reason both and so declared by your selves 1 part Book Declarat page 281. That those that shall guide themsâ—lves by the judgment of Parliament oughâ— what-ever happen to be secure and free from all account and penalties Bâ—t divers honest men as you now judge them â—ave acted and guâ—ded themselves by the judgment of Parliament as they account yâ—u in taking away the King's life and yâ—t by your dealings with CAPEL c. they are liable to be hanged as â—rayt â—s 〈…〉 a major part of your very House by force or other 〈…〉 shall vote that act 〈◊〉 and all the Actors therein Traitors So that Sir if I have any judgâ—â—nâ— in â—â—e by his very single act towards them you shake the vâ—ry toâ—ndation of the validity of all the Parliamâ—nts Decrees and Judgments at once and mâ—ke 〈◊〉 all the Seâ—uriâ—y and â—ndemnity that those in â—qâ—â—ty ought to enjoy that have acted by you commands aâ—d guided themselves by the judgment oâ— Parliament By meaâ—â— of which you will finde in time you have demolished your own Bulwarks an destroyed your own Fences And for time to come for my part I shall be a thoâ—sand times more wary how I obey all your Commands then ever I was in my life seâ—ing yoâ— are so fickle and unstable that no man knows rationally where to find you or fixedly to what to hold you But if you shall object as some do That that judgment of Bâ—nishment was onely in â—â—ference to the peace with the King and that being broke yoâ— are absolved
Surery to pursue his suggestion which if he cannot prove he is to be imprisoned till he hath satisfied the party accused of his dammages and stander and made Fine and Ransom to the King The benefit of these Laws you claim at the Kings hand and there tell him he ought not of right and justice to deny it to you And also in 1 part Book Decl. pag. 101 speaking to the King you say Your Majesty lays a generall tax upon us if you will be graciously pleased to let us know the particulars we shall give a cleer and satisfactory Answer But what hope can we have of ever giving your Majestic safaction when those particulars which you have been made beleeve were true yet being produced and made known to us appeared to be false and your Majestic notwithstanding will neither punish nor produce the Authors but go on to contract new jealousies and fears upon generall and uncertain grounds affording us no means or possibilitie of particular answer to the cleering of our selves For proof whereof we beseech your Majestic to consider The heavie charge and accusation of the Lord Kimbolton and the five Members of the House of Commons who refused no Triall or Examination which might stand with the Priviledge of Parliament yet no Authors no Witnesses produced against whom they may have reparation for the great injury and infamy cast upon them notwithstanding three severall Petitions of both Houses and the Authority of two Acts of Parliament vouched in the last of those Petitions And in a fourth Petition about the same business 1 part Book Decl. pag. 123. We beseech your Majesty say you to remember that the Government of this Kingdom as it was in a great part mannaged by your ministers before the beginning of this Parliament consisted of many continued and multiplied acts of violation of Laws the wounds whereof were scarcely bealed when the extremitie of all those violations was far exceeded by the late strange and unheard of breach of our Laws in the accusation of the Lord Kimbolton and the five Members of the Commons House and in the proceedings thereupon for which we have yet received no full satisfaction And in your Declaration of the 19 of May 2642 1. par Book Dec. p 200. 201. you are very remarkable and fly The accusation of the L. Kimbolton and the 5 Members of the House of CoÌ„mons is called a breach of Priviledge and truly so it was and a very high one far above any satisfaction that hath yet been given How can it be said to be largely satisfied so long as his Majestic laboured to preserve his Atturney from punishment who was the visible Actor in it so long as his Majestic hath not onely justified him but by his Letter declared that it was his duty to accuse them and 〈◊〉 he would have punished him if he had not done it so long as those members have not the means of cleering their innocency and the authors of that malicious Charge undiscovered though both Houses of Parliament have severall times petitioned his Majestie to discoâ—â—â— them and that not onely upon grounds of common Justice but by Act of Parliament his Majestie is bound to do it so long as the King great such to passe a Bill for their discharge alledging that the Natiâ—â—tive in that Bill iâ— against his Honour whereby he seems still to â—â—ow the matter of that false and scandalous Accusation though he deserts the Prosecution offering to passe a Bill for their acquital yet with intimation that they trust desert the avowing their own innocency which would more wound them in 〈◊〉 that secure them in Law And in vindication of this great Priviledge of Parliament we do not 〈◊〉 that we have invaded any Priviledge belonging to his Majesty as is alledged in his Declaration But we look not upon this onely in the notion of a breach of Priviledge which might be though the Accusation were true or false but under the nation of an hainous crime in the Attourney and all other Subjects who had a hand in it a crime against the Law of Nature against the Rules of Justice that innocent men should be charged with so great an offence as Treason is the face of the highest Judicatory of the Kingdom whereby their 〈◊〉 and estates their bloud and honour are in danger without witnesse without â—isdence without all possâ—bility of reparation in a legall course yet a 〈◊〉 of such a nature that his Majesties Command can no more warrant then it can any other act of injustice It is true that those things which are evil in theâ—â— can nature such as a false testimony or a false accusation cannot bothe subject of any Command or induce any obligation of obedience upon any man by any Authority whatsoever therefore the Attourney in this case was bâ—â—â—â— to refuse to execute such a Command unlesse he had had some such evidence or testimony as might have warranted him against the parties and 〈…〉 make satisfaction if it should prove false And further to prove that 〈…〉 liable to punishment that puts in execution the Kings illegall Commands is must excellently proved and largely evident from your own words in 〈◊〉 Book Decl. pag. 259. 260. 276. 279. 280. 721. 722. 723. 727. 803. 〈…〉 largely declare that Alexander Archbishop of York Robert de Veâ—â—◠〈…〉 Irland c. were executed in Richard the Second's time as Traytors for 〈◊〉 in execution the commands of the King against the Law and if they are punishable that execute the commands of the King the Primitive against Law then much more by Law is Mr. Wollaston punishable for executing the commands of the single House of Lords the Derivative against Law and if in my own defence when I was in Mr. Wollaston's custody I had served him for his actions done to me in pursuance of the Lords single illegall commands â—4 Simson of Northampton-shire did Johnson in the 42 of Elizabeth for his doing actions in pursuance of the Queens Letters Patents contrary to Law in endeavouring by a Warrant flowing from the High Commission which was established by Act of Parliament and had legall cognizance of any facts in Controversie grounded thereupon to imprison his body for doing of which Simson in his own defence and his Liberâ—â—â—â— slew the said Johnson For which he was justified by the Judges of Affiâ—e and all the Judges of England as you may read in Sir Edward Cook 4. part Iustitutes fol. 333. 334. and in my Plea before the Judges of the Kings Bench called The Laws funerall page 214. 25. I say in case I had in my own defence and the defence of my legall Liberties slain Wollaston c. for executing the Lords single illegall Orders upon me for any thing I can read in the Law he had his mends in his own hands But to come more close upon your own principles to prove that a single Order of the Lords cannot stand in competition with the Law I do it thus
Kingdom into the originall law of Nature and leave every man to judge within his own brest what is just and righteous and thereby 〈◊〉 me whether I will or no to do that in reference to you which you in your great straits did in reference to the King viz. Appeal to the righâ—â—â— Judge of all the would and the judgment of the people to decide the controversie betwixt you as appears in your own Declarations 1. part Book Doc. p. 192 196 214. 263. 278. 464 491 495. 496 498. 629. 636. 666. 690. 639. 701. 908. and if I perish I perish For what greater tyranny can there be in the world â—â— what greater straits can a man be put to then to delayed justice which is worse than to be denyed for above seven yeers together by those that have raised a bloudy war and pretended for justice and then after I have spent above 1000 li. in endeavouring to obtain Justice and my own at your 〈◊〉 and after I have served you faithfully and adventured my life in the field for you and undergone multitudes of other hardships and hazzards at 〈◊〉 for you and carried my self in all my actions towards you unspotted and that upon you own declared principles and after all this to be toss'd and tumbled by you from Gaol to Gaol year after year for nothing but my honesty and can come to no legall tryall although I have endeavoured it with all my might and to have by you thousands of pounds of my own kept from me and not a penny in all my captivitie allowed me to live upon but in the eye of reason exposed to famish and sterve or to eat my Wife and Children O monstrous and unnaturall cruelty which I will maintain upon my life it not to be parallell'd in all Queen Marie's dayes nor in the worst of King Charles his Reign So my Lord I have done with my PLEA and take leave to remain a true hearted Englishman JOHN LILBURN NOw Master Speaker having finished my Plea to the Committee of Indemnity I must acquaint you that I brought it to the said Committee with whom I had some verball expostulations after which I began to open my Plea having it fair writ in my hand which the Committee no sooner saw but presently they left me according to my desire to the ordinary course of the Law where I was necessitated at present to cease prosecution of Wollâ—ston because I was continually in expectation of my Liberty from the Lords and therefore judged it but wisdom in me not to provoke them and also for perfecting of my Ordinance for my long sought dear bought and hard suffered for reparatious from old Sir H. Vane and the rest of my cruel Star-Chamber Judges which Ordinance with much adoe was as last concluded though to little purpose as before truly is noted in p. 15 16. And for my Liberty I was chiefly beholding for that to my friends in London who in seven dayes got eight or nine thousand hands to a Petition for me in the day of your straits by the Cavaleers and presented it to your House which my true friend and faithfull and couragious fellow sufferer Sir Iohn Maynard took the advantage of and improved the utmost of his interest and thereby became principally instrumentall both in your House and in the House of Lords for my Liberty then unto whom I must and do returne the chiefest thanks for it But now Sir seeing my life for nothing but my honesty and because I will not be a slave to mens lusts is so strongly sought for to be taken away by those that have made the largest pretences and promises that can be made in the world to deliver this Nation from thraldom bondage vassallage and slavery and seeing they are such painted Sepulchers that they are like to cozen all the honest men in England with religious cheaters such as Master Edmond Rozer with whom as teacher to the Congregation where I was a Member I walked many yeares in fellowship and Master William Kiffin who was once my servant and unto both whom the indearedest of my affections run out unto to either of which I never gave a provocation to nor wronged in all my dayes to my knowledge neither of which although the first of them and I have been familiar together for almost twenty years I am confident of it in reference to my actings to the sons of men are able to my face to say black is my eye yet for these men so high and mighty in their pretence of religion and in their former familiarity and friendship to me to persecute me bitterly and write reproachfull books c against me and in the day of my calamity when the great men of the Nation make deep furrows upon my back for nothing when I am as it were in the Kennell and my hands and feet tied then to beat buffeâ— wound me and pursue my very life O the height not only of unchristianity but even of unmanhood it selfe such actions differing nothing in beastlinesse and brutishnesse from the brutest of Beasts themselves if it had been enemies as David did in the like case Ps 55. 12 13 14. that had done it I could have born it but for my familiar bosome indeared friends to deal thus with me and that in the day of my adversity when my life is hunted for like a Partridge upon the mountains in this they are more unnaturall then the very Pagans and heathens themselves for saith Isaiah cha 21. 14. The Inhabitants of the land of Tema brought water to him that was thirsty they prevented with their bread him that fled and for their malâ—ing a frothy light giddy headed fellow of me in their late book called Walwyns wyles easily deluded and drawn aside being of no depth in my self I am confident there is no two men in England that know me whose consciences are more perswaded of the falsity of that their own assertion in every particular then M. Rozer and Master Kiffin are if they would speak the truth from their very hearts the whole stream of my actions extraordinarily well known to both of them for these twelve or thirteen years together being as a large demonstration that I understand the things I goe about and am not to be biased with favour flattery frowns nor hard usage but act singly and nakedly upon my own principles that I beleeve God distills into my soul I beleeve as the actions of any man upon the face of the earth are having never forsaken nor changed my principles from better to worse the space of one hour from the day 〈…〉 fatherly discovering and distinct and assured making known of his turnall everlasting and unchangable loving kindnesse in the Lord Jesus unto my soul to this day although I am confident it is now above 13 years since I know God at my 〈◊〉 and reconciled father that had particularly wasted and clensed my soul with the 〈◊〉 bloud of Jesus Christ and
the People can never come justly within the Parliaments cognizance to destroy which the Generall and the chief of his Councel knew well enough and I dare safely say it upon my conscience that an Agreement of the People upon foundations of just freedom gon through with is a thing the Generall and the chiefest of his Councel as much hates as they do honesty justice and righteousnesse which they long since abandoned against which in their own spirits they are absolutely resolved I do verily beleeve to spend their heart blouds and not to leave a man breathing in English air if possibly they can that throughly and resolutely prosecutes it a new and just Parliament being more dreadful to them then the great day of Judgement spoken so much of in the Scripture And although they have beheaded the King yet I am confidently perswaded their enmity is such at the Peoples Liberties that they would sooner run the hazard of letting the Prince in to reign in his Fathers stead then further really a just Agreement or endure the sight of a new Parliament rightly constituted Secondly It s plain to me out of their words That they positively aver that their Agreement was presented to the Parliament before ours was published in print which I must and do here tell both the 〈…〉 Councel is the arrantest lie and falshood under the cope of heâ—ven for I have truely before declared and will justifie it with my life that ours 〈…〉 printed above thirty dayes before theirs was presented yea it was printed before theirs was half perfected But it is no wonder when men tâ—â—n their backs of God of a good conscience of righteousnesse and common honâ—â—y amongst men and make lies and falshoods oppression and bloody cruelty their sole confidence and refuge that then they say or swear any thing all which if the Generall and his Councel had not done they would have scorned and abhorred in the face of the Sun to have affirmed and printed so many lies as in their foregoing words is literally without wresting contained Thirdly They positively hint our dissatisfaction was taken at them for presenting theirs to the Parliament which is also as false as the former 〈◊〉 1. Our dissatisfaction was above a month before declared in their open Councel by my self c. as Sir Hardresse Waller and divers others of them 〈◊〉 but justifie 2. Our dissatisfaction was long before taken upon the grounds by me before specified the manifestations of which dissatisfaction I presented to the Generals own hands the 28 of December 1648 accoâ—â—â—â—â— and subscribed with my own name and fifteen more of my Coâ—â—â—es iâ— behalf of our selves and all our friends that sent us which we also â—â—â—â—â—ately caused to be printed And their Agreement as thâ—â—itle of it declâ—â—â— was not presented till the 20 of Jan. after Fourthly They say VVe used all possible means to make ours passe 〈…〉 how little successe they say is very well known If they mean we used all pâ—ssible means to make ours passe with them it 's true but the reason i◠〈…〉 better effect was because they had no minde to it it was too hoâ—â—ct for 〈◊〉 and I am sure in the very Epistle to it it is declarared That the 〈◊〉 reason of the printing of it is that the people might have â—â— opportâ—â—ity 〈…〉 the equitie of it and offer their reasons against any thing therein 〈…〉 And 〈◊〉 was all the means after the printing of it we used to make it passe Aâ—â—â—e we knew the Armies swords were longer then ours and would by force â—â— in pieces all our endeavours that we should use against their minds and 〈◊〉 by reason of the peoples cowardlinesse and therefore we let ours rest and were willing to sit still to see them perfect theirs and never did any thing in it since amongst the people to make it passe that I know of Fifthly They say VVe were troubled at their doing their dâ—ty in 〈◊〉 to authority and owâ—ing the Parliament aâ— the Suprâ—mâ— Authoritie of the 〈◊〉 When as alas it is as visible as the Sun when it shines in its glory and splendour That CORAH DATHAN and ABIRAM of old were never such Rebels against Authoritie as the General and his Councel are 〈…〉 Anabaptâ—â—â—s at Mâ—nsâ—er with JOHN of LEYDON and NEPERDULLION were never more conteâ—â—â—ers of Authority nor JACK STRAW nor WAT TILER nor all those faomous men mentioned with a black pen in our Histories and called Rebels and Traytâ—rs can never be put in any seale of equâ—ll balance for all manner of REBELLIONS and TREASONS 〈◊〉 all sorts and kindes of Magistracy with the Generall and his Councell And I will under take the tâ—â—k upon my life to make good every particular of this I 〈◊〉 say to the Gâ—â—â—â—l's face For did any or all of them 〈◊〉 mentioned 〈…〉 against their Advancers Promotors and Câ—eators as those have done two severall times Did ever any or all of them chop off without all 〈◊〉 of Law a KING's and NOBLES HEADS râ—vish and 〈◊〉 a Parliament twice nay raze the foundation of a Parliament to the ground and under the notion of performing a trust break all Oathes Coâ—â—â—â—nts Protestations and Declarations and make evidently void all the declared ends of the War which was one of Strafford's principal Treasons and which is notably aggravated against him by M. Pym in his fore-mentioned Speech against him pag. 9. 11. and under pretence of preserving their Laws Liberties and Freedoms destroy annihilâ—te and tread under their feet all their Laws Liberties Freedoms and Properties although they could cite against Sâ—râ—â—ord the precedent of Triâ—â—lian chief Justice who lost his life for delivering of opinions for the subversion of the Law as S. John's Argument of Law against him pag. last but one declares yea and against the Ship-money Judges and also the Precedent of Judg Belknap in King Richard the Second's time who was by the Parliament banished for but subscribing an opinion against Law though forc'd by a dagger held to his brest thereto yea and ciâ—e also the precedâ—nt against him which was against Justice Thorp in Edward the Third's time who was by the Parliament condemned to death for bribery the reason of which Judgment they say was because he had broken the Kings Oath that solemn and great Obligation as Mr. Pym ibid. calls it which is the security of the whole Kingdom All which forementioned either with pen or tongue by dispute I wil particularly maintain and make good upon my life publickly before the face of the Kingdom against the stoutest and ablest of their Champions in all their pretended Churches of God either Independent or Anâ—baptistical and that they are altogether unsavoury salt good for nothing but to be abominated and thrown out to the dunghil as fit for nothing but the indignation of God and the peoples wrath And as for their stiling this their own Jâ—â—to the supreme Authoritie I know the time not long since when that
shall mâ—ch rather wish That the Authority of this Kingdom in Parliament rightly constituted that is freely equally and successively chosen according to its orteinall intention may ever stâ—nd and â—ave its â—ourse And therâ—fore we shall apply our selves chiefly to such things â—â— by having Parliaments setled in such a right constitution nay give most hopeâ— of Justice and Rightâ—ousnesse to flow down equally to all in that its Ancient châ—â—nell without any overtures tending either to OVERTHROW that â—â—undation of Order and Government in this Kingdom or TO INGROSS THAT POWER FOR PERPETUITY INTO THE HANDS OF ANY PARTICULAR PERSONS OR PARTY WHATSOEVER And for that purpose though as we have found it doubted by many men minding sincerely the publique good but not weighing so fully the consequences of things it may and is not unlike to prove that the ending of this Parliament and the election of a New the constitution of succeeding Parliaments as to the persons Elected may prove for the worse many weyes yeâ— since neither in the present purging of this Parliament nor in the Election of a New we can promise to our selves or the Kingdom and asurance of Justice or other positive good from the bands of men but those who for present appear most righteous and most for common good having an unlimited power fixed in them duâ—ing life or pleasure in time may become corrupt or settle into parties or factions or on the otherside in case â—f new Elections those that should succeed may prove as bad or worse then the former We therefore humbly coâ—ceive that of two inconveniences the lesse being to be chosen the main thing to be intended in this case and beyond whiâ—h humane providence cannot reach as to any assurance of positive good seem to be this viz to provide that however unjust or corrupt the persons of Parliament men in present or future may prove or whatever ill they may doe to particular parties or to the whole in particular â—â—ngs during their respective termes or periods yet they shall not have the temptation of an â—â—â—imited power fixt in them during theâ—r owne pleasures whereby to perpetuate injustice or oppression upon any without end or remedy or to advance and uphold any one particular party faction or interest whatsoever to the oppression or prejudice of the Community and the enslaving of the Kingdom unto all posterity but that tâ—e people may have an equall hope or possibility if they have made an â—ll choice at one time to mend it in another and the Members of the House themselves may be in a capacity to taste subjection as well as rule and may be so inclined to consider of other mens cases as what may come to be their own Thus we speake in relation to the House of Commons as being intrusted on the Peoples behalfe for their interest in that great and supreme power of the Common wealth viz. the Legislative power with the power of finall Judgement which being in its own nature so arbitrary and in a manner unlimited unlesse in point of 〈◊〉 is most unâ—it and dangerous as â—o the peoples interest to be 〈◊〉 in the 〈…〉 the saâ—e men during life or their own pleasures Neither by the originall 〈◊〉 of this State was it of ought to continue so nor does it wherever it is 〈◊〉 continues soe render that staâ—e any better then a meeâ— tyranny or the people subjected to it any better then vassals But in all States where there is any fâ—â—â— of common freedom and particâ—larly in this State of England as it is most evidâ—â—◠〈…〉 many positive laws and ancient constant custome the people have a right to 〈…〉 successive Elections unto that great and supream trust at certain 〈…〉 time which is so essentiall and fundamentall to their freedom as it is â—â—not or not to be denied them or witheld from them and without which the House of Commons is of very little concernment to the interest of the Commons of England Yet in this we could not be understood in the least to blame 〈◊〉 worthies of both Houses whose zeale to vindicate the Liberties of this Nation did 〈◊〉 that Act for the continuance of this Parliament wherby it was secured from 〈◊〉 dissolved at the Kings pleasure as former Parliaments had been or reduced to 〈◊〉 a certainâ—y as might enable them the better to assert and vindicate the Liberties of this Nation immediately before so highly invaded and then also so 〈◊〉 â—â—dangered and those we take to be the principâ—ll ends and grounds for which 〈…〉 exigency of time and affairs it was procured and to which we acknowledge it hath happily been made use of but we cannot thinke it was by those Worthies intended or ought to be made use of to the perpetuating of thâ—â—â—â—pream trust and power into the persons of any during their owne 〈◊〉 or deb arring of the people from their right of elections totally new But it here it should be objected although the King be dead yet the Parliament 〈◊〉 altered the Government into a Common-wealth and so may if they please chaâ—â—e the Constitution of Parliaments To which I answer Fiâ—st that those company of men at Westminster that gâ—â—e Commission to the High Court of Justice to try and behead the King c. were â—o more a Parliament by Law nor a Representative of the people by the rules of Justice and Reason then such a company of men are a Parliament or Representative of the People that a company of armed Theeves chuse and set apart to try judge 〈◊〉 hang oâ— behead any man that they please or can prevail over by the power of their swords to bring before them by force of arms to have their lives taken away by preâ—â—â—ce of Justice grounded upon rules meerly flowing from their wils and swords for I would fain know any Law in England that authoriseth a company of Servants to punish oâ— correct their Masters or to give a Law unto them or to throw them at their pleasure out of their power and set themselves down in it which is the Armies case wiâ—â—â—â—e Parliament especially at THO. PRIDES late Purge which I call and will 〈◊〉 to be an absâ—lute dissolution of the very essence and being of the House of 〈◊〉 and I would fain see any Law or Reason in Writing or Print to justifie thâ—â— a 〈◊〉 upon my other aâ—â—â—unt then in hindering them from raising a new Warr and froâ— destroying he peoples Liberties by their eternall sitting seeing they keep their power â—â—â—ger by faâ— then their Masters or impowers the people intended they should and also employ it to their mischief by hindering them I mean those that had not acted agaiâ—â—â— the Liberties of the Parliament entering into a mutuall engagement to appoint 〈◊〉 whereby to chuse seeing they cannot all meet in one place themselves and iâ—power new Trustees Commissioners or Representoâ—s to make equall and just Lawes to biâ—â— all and provide for their future well-being there being
no other may justly either in Law or Reason to settle this Nation in peace and quietness but by one of these two means First either by admitting the King in again upon terms or else secondly to lay foundations of a just Government by an Agreement made amongst the generality of the people capable of it and if any man upon earth can either by Law or Reason shew me a third way that hath any more shadow of Justice in it then for William the Conqueror or the great Turk by their swords to give a Law unto this Nation I will forfeit my life But secondly I answer the main end of the peoples chusing of the Members of the House of Commons was not to come to Westminster to set up a common-wealth especiall to invest all power in themselves and with that at their pleasure rob and take away by the rules of their wills the liberties and lives of those that chuse them and be unaccountable as long as they live although they do what they please therefore I would fain see any bit or shadow of a pretended Commission to this end either in writing or â—acitly in intention nay or so much as in the thoughts of the major part of the Members themselves when they were impowered I am sure all their Declarations declare the contrary And therefore I say and will make it good against all the tyrannicall Sophisters in England in a Publique dispute before the People That the mâ—â—â— end wherefore they were sent was to treat and confer with King Charles and the House of Peers about the great affaires of the Nation c. and therefore are but a third part or a third estate of that Parliament to which they were to come and joyn with and who were legally to make permanent and binding laws to the people of the Nation and therefore having taken away two of the three Estates through a pretended necessity for a pretended good end the accomplishment of which can only justifie this act that they were chosen on purpose to joyn with to make Laws the end both in reason and Law of the Peoples trust is ceased for a Minor joyned with a Major for one and the same end cannot play Lord paramount over the Major and then doe what it please no more can the Minor of a Major viz. one estate of three legally or justly destroy two of three without their own consents or the Authority of a higher power then all given and deligated for that end intended and declared which is the People the fountain and originall of all just power which they never did in their lives and therefore the whole power of all is returned to them singly and alone but if anâ— part of it is yet inherent in any then it is in PRINCE CHARLES as Heir apparent to his Fathers Crown and Throne over whom I mean the people no persons nor power on earth can now set no change of Government whatever but what is done by their own mutuall consent by AGREEMENT AMONGST THEMSELVES but with as reall a face of Tyranny as ever was acted by any Conqueror oâ— Tyrant in the world unto which whosoever stoâ—ps and supports it is as absolute a Traytor both by Law and reason as ever was in the world if not against the King yet against the Peoples Majesty and Soveraignty the fountain of all power on earth and the present setters up of this Tyrannicall new Commonwealth considering their many Oaths Covenanâ—s Promises Declarations and Remonstâ—ances to the contrary with the highest promises and pretences of God for the People and their declared Liberties that ever was made by men are the most perjureâ— peâ—fidioâ—â— falle Faith and Trust breakers and Tyrants â—â—at ever lived in the world and ought by all rationall and honest men to be the most detested and abhorred of all men that ever breathed by how much the more under the pretence of friendship and brotherly kindness they have done all the mischief they have done in destroying our Lawâ—â— and Liberties c. Is any Treason like Judaâ— his Treason who betrayed his Lord and Master with a kisse Is any murder in the world like that of Joab coâ—â—iâ—â—ed upon Aâ—â—er and Amasa who while he kissed and embrâ—â—ed them with the highest declarations of friendly and brotherly affection stabbed them â—nder the fifâ—h Rib 2 Sam. a 29. 10. 9 10. Is any wrong or mischief done unto an ingenuous spirit so bitter to his soul as the treachery and baseness of a pretended and familiar friend No undoubtedly for against a professed enemy a man hath a fence for he will not trust him but is alwayes jealous of him but against a pretended friend he hath none for â—e lyes in his bosome from whom he feaâ—s no ill but sleeps in security in the height of which he is â—â—inâ—ted and destâ—yed which kinde of dealing was most bitter to Davids soule whâ—â—h made him say Pâ—alm 55. 12 13. 14 15. For it was not an ENEMY â—hâ—â— reprâ—aâ—hed â—re then I could have bâ—rn it neither was it he that HATED me that 〈◊〉 magnifiâ—â—â—mself against me then I would have hid my self from him But it was thâ—n 〈◊〉 mine equâ—ll MY GUIDâ— MINE ACQUAINTANCE We tâ—â—k SWEâ—T COUNâ—ELL together and walked into the house of God in COMPANY Let death seiz upon them and let them goâ— domn quick into hell for wickednâ—sse is in their dâ—â—â—ling and among them and let the pâ—esent generation of swaying men that under the pretence of good kindness and friendship have destroyed and trod under their feet all the Liberties of the Nation and will not let us have a new Parliament and set up by the Sword their own unsufferable unsupportable Tyrannicall Tyranny consider the ends of JWDAS and JOAB and they shall finde that for their treachery and blood the one Hanged himself and the other was executed in the Tabernacle of the Lord 〈◊〉 the horns of the Altar whether he fled for refuge and sanctuary 1 Kings 2. 30 31. yea also remember Cains treachery to his innocent brother Abel Gen 4. 8 10 11 12 13 14. Thirdly and lastly I answer the House of Commons sitting freely within its limitted time in all its splendor of glory without the awe of armed men never in Law nor in the intention of their chuseâ—s were not a Parliament and therefore of themselves alone have no pretence in Law to alter the constitution of Parliaments especially as to free and successive Elections totally and wholly new neither if ever it had been in the power of a true and reall House of Commons Yet this present preâ—ended One now sitting at Westminster is now a true House of Commons as the Armies ancieâ—t Declarations doe notably prove see their Book Declar pag. 125 127 134 135 13â— 139 140 141 14â— For I would fain know in Law where Col. THOMAS PRIDE was authorised to chuse the people of England a Parliament or to purge away at his pleasure by his sword
spoyling or breaking of vessels falling of the price of sope or none vending of it besides many other acâ—identall casualties yet out of the very sâ—et of his brows and the industry and labour of the very fingers ends there must Excise be paid of so much a Barrell and that which is worst of all is this my House which used to be my Castle and so it is by Law night or day must be at the Knave Excise mans pleasure to search and break open for unsealed soape when he pleaseth nay notwithstanding all this I must be had to take my oath after they will not trust me but have searched what they can at the Excisâ— Office that I have made no more but so and so and it may be I judge such an Oath altogether unlawfull and therefore cannot take it and therefore to prison without any more adoe I goe and must be fined at the will of the chief Excisers and pay a noble a day to the Serjeant at Armes besides his mans fees and if I do take my oath can forswear my self I hazard the Pillory for perjury besides the wounding of my conscience but if I be consciencious that I cannot set my conscience upon the tenter-hooks by forswearing of my self then I am destroyed in my trade by others that will undersell me by this stealing Excise and swearing soundly to the contrary too judging iâ— with Cromwell as Major Huntington in his impeachment of him declares no sinne in may be to deceive the deâ—â—iver or oppressâ—â—y and all this lyes upon us in the first year of Englands Freedom by the Conservators of the Liberties thereof who yet â—ealously and for the peoples welfare chopt of the Kings head for tyranny oppression although his â—oynes were never so heavy as their little finger is O brave unerring unsinning and everlasting none such Parliamen And therefore last of all I had thoughts towards Winter to buy of my Unkle at Sâ—â—derland to lay up some coals at my habitation in Winchester-house to fell in January and February and in the meaâ—â—ime to lay out my mony in some adventure for Holland and there I met with these difficulties First although I was as wary as any man in England could be to see that Master Devenish title to the house was good in Law and so I might justly and quietly expect the injoyment of my bargaine from him And thereby I see First his deeds and the Parliaments Ordinances thereupon and Secondly I went and spoke with Master Iohn Cook the Lawyer who drew up the conveyances betwixt Master Devenish and Master Young of whom Master Devenish for his life bought all Winchester House in Southwaâ—k by all which but especially from Mâ—ster Cooks owne mouth I cleerly and evidently found Master Levenish had as good a right in all Winchester house for Master Youngs life both by Law and Ordinance as its possible for any man in England to have to the cloaths he wears or any thing else that he possesseth although he takes the advice of twenty Lawyers in the buying and purchasing of them which incouraged me to strike a bargaine with him for three years for as much of the House as I am to pay annually almost 20l. and yet since a Committee of Members with the Trustees of Bishops Lands will needs turne me and the honest man by force of Armes out of his Legall possession without any valuable consideration or rendring at the least any reason wherefore but only their Soveraigne wills and pleasures O BRAVE PARLIAMENT JUSTICE without all doubt this is the liberty of the people and the Law of the Land that we have been contesting and fighting for these seven yeers together or at least as much as they intend now they have conquered us with our own mony and our own hands we shall possesse and enjoy this unrighteous molestation which with their illegall imprisoning of me hath spoyled a coal-Merchant of me for the present And in the second place as my adventuring to Holland when I came to inquire after the nature of that I found these difficulties therin First A strict Monâ—poly that none whatsoever shall ship any white cloth for that place but the Monopolisers themselves and Secondly a general monopoly upon woollen commodities whatsoever that unlesse you do as good as tell a lye I found merchants still continued to be the chief customers who it â—seems have a trick to steal whole ship loads of custome for their own use by meanâ— of which they undersell any other merchant yea and thereby break the backs of new beginners for being at my first inquiring thereinto with Master William Kiffin my quondam servant though now my profâ—st and blood thirsty enemy he told me a little before he was one day at the Custome-house and the chief men there had catcht a poor man that had stolne some custome for which they were about fining and punishing him why Master faith he to one of them in Kiffins hearing as he averred to me will you be so angry with me and so harsh to punish me for a small â—oy when I am but your own scholler for I am sure it s but the other day finâ—e by your own directions I helpâ— you to steal in a manner a whole ship load of uncustomed goodâ— and you being so well pleased with that my thinks you should not be so angry with me for stealing a little custome for my self But then Fourthly The Prince was Master of the Sea then so that I durst not venture it in a English bottom some of which had laid in the Thames divers weeks loaded and duâ—st not stirre out for want of convoy which they had fought much for then to the Parliament but could get none and to ship it in a Dutbh bottom it did not only give the traid of shipping to the Dutch and so destaoy our English Maâ—iners but also by law to ship it in Duâ—th bottom it is consiscated or at least must pay the custome of Aliens or strangers as appeares by the statutes of 5 R 2. ch 3 6 K 2 cha 8. 4 H. 7 â—b 10. 5. 6. E. 6 cha 18. 1 H. 13. But having bought some cloth and stuffs I was necessitated to run the hazard of â—hipping them in Dutch bottom but English woollen commoditie being so great a drug in Holland as they are by reafon of the merchant monopolisers alias merchaâ—t adventurers that ingrosse the trade to themselves and buy their cloth here at what rates they please and sell it in Holland as dear a list and so care not how little they vend so they get mony enough by that they sell and disable all others from trayding by meanes of which the poor people here that depend upon cloth-making wanting work are necessitated to leave the land of their nativity and goe to Holland to make cloth for the dutchmen to get bread to keep them alive whereby they have almost got the English cloth making traid
juster or better way of tryall and they 〈◊〉 to provide for our weale but not for oâ—r woe â— par book Doc. p. 150. and 〈◊〉 〈◊〉 doe what they list but what they ought 1 par â—ook dee p. 172. 205. 214. 266. 267. 〈◊〉 494. 497 499. 656. 660. 666. 696. 706. 707. 〈◊〉 2 par fol. 95. Declarat 17 March 164â— p. 6. 21 28 27. For all the idle pratings of any new upstart ' SONS OF BELIAL amongst us such as the Author of the late abominable Book called the DISCOVERER which is commonly reported to be partly Master Frosts Secretary to the 〈◊〉 callâ—d the 〈◊〉 of 〈◊〉 and pâ—incipalâ—y that Apostate IOHN CAN law if 〈◊〉 and now of the Parish of Bâ—w whose conscience by that appeares so bread 〈◊〉 it will without doubt lead him to worship with the Turks Alkeron if it were in 〈◊〉 and fat livings to be got by so doing But let all men in Authority and great place◠〈◊〉 value thei own heads and lives Remember Dudly and Epsons punishments Privy Coâ—cellors to Hâ—nâ—y theâ— eveâ—â—â— for proceeding by the rules of their discretion i◠〈◊〉 〈◊〉 laying aside the tryals by Juries of twelve men the ancient and undoubted birthright of the Subject 4 part inst fol. 41. for which they lost their heads as Traytors for subvertâ—ng the fundamentall Liberties of the people although they had an Act of Parliament viz. 11 Hen. 7. châ— 3. recorded 4 par inst â—ol 40 made by as unquestionable power in Law as ever was in being in England in a free and full Parliament câ—â—sisting of King Lords Spiâ—ituall and Temporâ—ll and Commens to authorise and beat them out in what they did of whom you may read most excellently in Cooks inst viz. 2 par fol. 51 4 par fol. 41. 197 198. 199. And in my musing with my self of their conditionn my thoughts were something to this purpose the actions done and acted by them were either crimes or no crimes crimes as to men they could not be unlesse they were transgressions of a knowne and declared law in being in the Nation before their acts were done for saith the Spirit of Truth Where there is no Law there can be â—â— transgâ—ession Rom. 4. 15. and if so then to punish them for their acts or facts any other wayes or by any other rules manner or methods then is by those Laws against which they had transgressed is expressed and presâ—ibed is very grand injustree and the most righteous and justest men in the world under such practises can never be safe or secure but are alwayes liable in liberty estate and life to be levellâ—d and destroyed by the will mallice and pleasure of the present sâ—aying grand faction in which condition a man differs nothing from a brute beast but in shape But the High Court of Justice erected to try them was a pretended Court of Justice not knowne to the visible and declared law of England being in its constitution altogether against all the English Rules of justice No nor in being when their facts were committed And therefore had no pretence at all being but a new constitution to meddle with Judging of their facts committed before it had a being or was brought forth into the world Besides the erection of it I mean a High Court of Justice to try men for siding with the King in the late warrs against the Parliament is a meer and cleer giving away and surrendring up the legallity of their cause in o the Kings hands telling the people in effect hereby its true we have waged warre against the King but if his sword had been as long as ours he might easily if he had pleased have hanged us all by the rules of Justice for transgressing â— lâ—w in being But we having by the chancâ— of war prevailed against him alass we have no law of our sides by the rules of which we can hang any of his party but must be forced to take away their lives by the rules of our own wills and power by rules of pretended Law mâ—de after their facts committed and for the demonstrating of this unto all that have adhered unto us we Erect a New High Court of Justicely new rules never known in England to try them that so our friends that have adhered to us may see where they are and betimes provide for their own safety and never trust or beleeve OUR DECLARATIONS AND REMONSTRANCES ANY MORE for though we formerly told you we had the Law of our sides yet by our setting up this High Court of Justice to be both parties Jury and Judges we plainly tel you there was no such thing but that then what we told you was lyes and falshoodâ— and that you should beleeve us no more for though then we told you we would maintaine the Law especially of Liberty and Propriety and that it was â— transcendenâ— wickednesse in us to destroy it and by our votes at our wills and pleasures to disposeor levell all the peoples estates liberties and properties yet now we iell you we never in our hearts intended any such thing but that our designe was totally if we did overcome never to keep any of our promises but absolutely to destroy all Law and by our absolute will by all manner of new erected engins to debase and breake the peoples Spirits and to dispose of their liberties estates and lives by the absolute rule of their own wills and as a cleâ—â— demonstration to your understanding that we never intended otherwise we erect this HIGH COURT OF JUSTICE composed of suck 〈◊〉 we know will obey and execute the absolute dictats of our wills â—e they 〈…〉 without ever examining whether our commands be consonant to law reason eqâ—ity justice or conscience being of as absolute implicite faith in belclâ—ering of us because we have promised they shall â—aign with us or under us as ever any papish in the world were believing the Popâ— Thirdly Admit this had been an unquestionable representative of the people Parliament who by veâ—â—â—â— thâ—â—â—â—f hath had a power to levy what mony they had judged convenâ—â—nt upon the peoplâ— bâ—â—â—neral tax for the common safety of the Nation which act both by law and reason â—hâ—y may do yet they cannot in law equity or reason lay all thaâ— tax upon thâ—ee oâ— four men alone and make them bear all the charges of the publick evâ—n so although the Parliament may erect Courts of Justice for the good of the people to administer Law in â—esinitely to all the people of England alike without exeâ—pâ—ion of perâ—ons yet they can neither by Law nor Reason erect a Court of Justice on purpose to try three or four individual persons and no more because it is against common equiâ—y â—â— Englishmen oâ— people being all born free alike and the liberties thereof equally intasted to all alike and therefore in common equity and justice three or four individual persons ought not to be burthened with an iron yoake when
severall Aâ—pliâ—â—tions to some of their Judges and some Parliament men for them and particularly with Colonel Temple Governour of the Fort near Graves End and delâ— with him upon their own Principals as the most probablest to doe the Prisoners good and to save their lives which I confestâ— I much laboured for and my Discourse with him 〈◊〉 to this â—ffect at the House doore Sir I beseech you let me aâ—k you one question What 's that saith he It is whether you think youâ— House intend in good earnest to â—ake away the lives of the Lord Capel c or whether they have only caused them to be condemned in terrorum without all controversie said he they intend to take away their lives and it is but just they should and doe not you believe so No indeed Sir doe I not and â—â— you please I will give you some part of my Reasons therefore I pray let me have them Well then Sir said I to say nothing of the Jurisdiction of the Court by which they were tryed which is very questionable to me noâ— of the power of a Parliament to erect such a one nor yet of the questionablenesse of the legality of your single House nor of the clearnesse of the letter of thâ— Law oâ— their sides which now the King being gâ—ne might put you oâ—â— of feare of the future power of these men and make you now 〈◊〉 at your mercy and you out of fear of present hurt by them seriouslâ— to weâ—gâ— the Quaâ—â—ell betwixâ— you and theâ— in an equall and just balance which if you do I am sure you will 〈◊〉 it very dispâ—â—eable in Law and something in Reason too considering many of youâ— late actions especially if you consider youâ— ever avowedly nor throughly stated your Cause but begun it upon Commissions for King and Parliament force â—â— people to take the Oath of Allegiance and Supremacy Protestation and two Covenants â—â— all which you force the people to swear to maintain the Kings Person Crown and Greatnesse and this 〈◊〉 the Wars begun letting all Writs and Processe of Law 〈◊〉 in his Name and thereby your selves mâ—ke him as it were Alpha and Omega to the pâ—ople yea and in severall of your Declarations fince the quarrell you call him the fountain of Honour and averr he can do no wrong See 1 part Book Decl. pag. 199. 304. All which doings of yours are enough to make men siâ—â— with the King especially those that have great Estates if it be for nothing but safetie's sâ—ke alone But I will laâ— all these aside and argue with you more closely upon principles that you cannot dispute against 1. And therefore in the first place The Law of England pâ—â—lished by your selves saith expreslâ— No man of England in things concerning lifâ— shall be judged twâ—â—â— for one fact but if once judiciallâ— tryed and acquitted he never more by Law can be questioned again for that crime though indeed and in truth he be never so guilty of it and though it be never so criminous in it self otherwise there would never be end nor safety And for the proof thereof I then â—ired â— YERS Case at the Sessions of the Peace holden at Norwich in the 32 yeer of Qâ—een Elizabeth and the Judgeâ— opinions thereupon which is notably recorded in Cooks 3 put Institutes chap. 104. of falsifying of Attainders fol. 230. And my own Case at Oxford which was to this effect Being at the Fight at Brainford which was upon the 12 of Novemb. 1642 taken prisoner in Arms against the King and his party I was carried captive to Oxford Castle where not long after my arrivall the Lord Dunsmore the Lord Matrevers the Lord Newark and the Lord Aâ—dâ—ver came to the Castle to me from the King as they said and proffered me from himself great matters so I would crave his â—â—don for the treason I had committed against him in being in arms against him and foâ—sake the traiterous Parliament and return to my obedience as they called it to the King but being then as able in my own thoughts as any private man in England to argue the equiâ—â— and Justice of the Parliaments Cause I was then knowingly ingaged in by the hopes of the performance of their many gallant promises to make people of England free and happy their then only declared aâ—m and end â—nd in whose quarrell I would then have laid down a thousand lives if I had had them and for the greatest part of an hour together by dinâ— of Argument grounded upon Law and Reason scâ—â—ning and 〈◊〉 all 〈…〉 of Honour Riches and Greatnesse I â—eld them in play so hoâ—ly that they â—â—ll 〈…〉 with me and gave up their disputing buâ—â—lers tâ—â—eatning to hang me 〈◊〉 for a grand Traitor without any more adoe At which I laughed and desired their 〈◊〉 to tell me which way they would go to work to take away my life now they had given me quarter Well say they We have two strings to our bow And in the first place we will arraigne you for a Traytor for being the chief or Generall of the Preutiâ—â—t that câ—â—e dâ—â—â— to Westminster and White Hall and forced the House of Pâ—ers and drove away the King from his Parliament and so begun the Warrs Unto which I replyed Alâ—sse my Lords you will be far mistaken there And I cannot but wonder that your Lordships should so undervalue your own Honours and Reputations as so much as once now to mention this Why Sirrah said one of them Why my Lord Because your Lordships may remember that the 3 of May 1641. the King caused Warrants to issue out to apprehend me as a Traytor for this very thing and others depending upon it and as a traytor I was apprehended by his Messengers one of which that night kept me prisoner as a Traitor and the next morning I being 4 of May 1641 as a Traytor I was brought by him to White Hall where aâ— I remember old Sir Henry Vane and Mr. Nicholas were appointed by the King himself to carry my Impeachment to the House of Peers at whose Bâ—r I that day appeared not then understanding their Jurisdiction and was there that day in your way arraigned for my life and one Littleton the Lord Keepers Kinsman swore most biâ—terly against me but upon further examination of witnesses and hearing with patieâ—â—â— my own Defence for my self I was by your whoâ—e House who lookâ—d upon themâ—elves as the highest Judicatory in England honourably and nobly 〈◊〉 a◠〈◊〉 â—â—nocent and fâ—â—e of the Kings accusation of which my Lords said I then let me plainly tell yâ—u if I were guilty you were a company of â—â—righteous and unjust Judges for freeing me from that Accusation but my Lords being judicially tryed therefore and acquitted by your selves who if my memory fail me not I â—aw all at that Tryall and by your whole House then extraordinary 〈◊〉 as ever I saw iâ— who judge your selves the highest Judicature in England
from that judgment and not bound by it To which I answer no more but this That was a Judgment upon sâ—iâ—ous and solid debate of long continuance at the passing of which you acted as individually and as independently from the King as ever you did before or since and therefore in Law Justice and Câ—nscience you ought to stand to it and make it good to the Prisoners concerned in it especially considering they desiâ—e it But having in length outstriped an ordinary epistle and having much matter remaining jâ—dging it more then time this that I have here writen to you should come to publick view although I perish for so doing I am forced and necessitated abâ—uptly here to break of and leave the remaining part for a second part to the same tune if God spare me life and health and give opportunity although I be cut in ten thousand peeceâ— therefore for if every hair of CROMWEL FAIRFAX IRFTON HASLERIG BRADSHAW and HARISONS head were a Regiment or Legion of armed men I would by Gods â—ssulance in the present righteous cauâ—e in which they have deeply imba quâ—d me by their lawless Cruelty and Tyranny â—ear them no more then so many butterslyes or motes in the sun for behold God 〈◊〉 my salvaâ—â—on I will trast and not be asâ—aid foâ— the Lord JEHOVAH is my strength and my song he also is long since become mâ— Salvation Isa 12. 2. Therefore will â— sing â—ejoyâ—e â—nd bâ— mâ—râ—y for he hath fitted me for all manner of deaths in inabling me through his strength pâ—wer and presence any time this twelve years together to carry my life in my hand and to be always eveâ— since in readiness at a quarter of an hours warning to lay it down whiâ—h â— shall â—s freely 〈◊〉 as eat in tâ—is just and righteous quarrel viz. THE LIBERTIES OF THE LAND OF MY NATIVITIES AGAINST THE APOSTACIES AND TYRANNIES OF HER MOST PERFIDIOUS AND TREACHEROUS PROFESSED FRIENDS and the holding out of Gods Soveraignty amongst the son of mâ—n as being that one single 〈◊〉 â—LONE either in heaven or earth that is to raign rule govern and give a law by his will and pleasure to the sons of men the absolute workmâ—nship of his hands or power And therefore to thee O CROMWEL O FAIRFAX O IRETON O HASLERIG c. in the power might and strength of the Lord God Omnipâ—tent and Almighty that Raiâ—â—s and shall Rule for ever and ever before whom the 〈…〉 doe quake and tremble and before whom You are all of you as inconsiderable 〈…〉 Sun as the dust of the ballance or the smallest drop of the bucket To you I say in my present condition as Shadrach Meshach and Abednego in their great 〈…〉 the outward man Dan 3. said once to your brother Tyrans Nebuchadâ—â—zzâ—◠〈◊〉 unto you that for all your power and worldly greatnesse with all your 〈…〉 that I fear you not not aâ—â— carefull to answer you in the matter in 〈…〉 us for the God whom with my soul and body I serve with uprightness of 〈◊〉 is able to deliver me from the burning fiery fornace your cruell close 〈◊〉 Banishment Dungeons or Death it self yea an â— hewill deliver me out of your 〈◊〉 hands O perfidious cruel Tyrants But if he will not Be it known unto you O apostatised Tyrants that I will â—â— serve 〈◊〉 stoop or submit unto you nor worship your I doll or golden Image that you have set up your Arbitrary power and unlimited greatnesse But least God should give or permit you a larger power over me then he did the Devil over JOB to murther me before I can write the second part hereof therefore I shal now give you the heads of my intentions and so conclude First From the perplexitie of my spirit with the unjust dealings with CAPEL c. I left Westminster and retired home resolved in solitarinesse there to abide whered was grievously tormented with the cryes of poor people who came to me in multitudes for advice in their tedious suits of Law whose complaints without any hopes of remedy that I could give them made my house a place of torment to me which forced me to visit Westminster againe where 2ly I heard the certainty of Husons Whaleys and Major Bertons desperat height at their Councel of Waâ— at Whâ—â—â—hall at or neer upon the 22 of Feb. 1648. to ingage that Councel vi â—â—â—nis to proâ—ure by Cromwels means a Law at their pleasure to dispatch me and my honest friends the Whalboneers which when I examined from friend to friend and some it to be very true by the attestation of plurality of their own Officers my spirit was all on fire and no Lyon oâ— the Army to me then so full of dread but I durst incoâ—â—â—â— with to consider with my self that all our Liberties and large expectations must 〈◊〉 in this That now our lives must be at the absolute wil and pleasure of a company of BLOUDY and INHUMANE Butcherers of men that had served seven yeers apprentiship to that bloudy and wicked trade of cutting of mens throats for money and nothing else who never had kept faith or troth with any sorts of men they dealt with and yet must now become our Accusers Prosecuters Witnesses Parties Jury Judges and Executioners At the very thoughts of which I was even conâ—ounded in my spirit and which justly and throughly ingaged me in the chief managing of the first and second part of ENGLANDS new Chains discovered The first of which I presented at the Commons Baâ—â—e with a speech to it the 26 Febr. 1648. the second paâ—t of which I c. had got divers thousands of hands to the truth of 〈◊〉 â—â—ne of which â—or all it s declared treasonable I will seal with my heart blood and â—â—dertake before a new Representative TO WHOM I HEREBY AGAIN APPEAL to prove every charge in it upon my Life I shall also give the Reasoâ—â— wherefore I have flown so high as I have done which is because they have thought â—â— just in them to acâ—use the King the supreme Magistrate of Treason and yet 〈◊〉 thought and declared it Treason in me c. to goe about the doing of any such thing to Mr. OLIVER that I will maintain it upon my life more comparatis 〈◊〉 legally deserves it then ever the King did And yet though I c. 〈◊〉 in the very 〈◊〉 that they themselves I mean both Parliament and Army 〈◊〉 out unto â—â—â— viz. by Pâ—â—ition 1 paâ—e Book Declar. pag. 123 101 202 548 720. and Armies Book Declar. page 17 33 35 44 60 61. yea see page 83. and you shall there finde in the fifth Article they impeached Mr. Hollis Sir Philip Stapleton and Mr. Clyâ—â— for Traytors For obstructing and prejudging of publique Petitions to the Parliament and yet they adjudged and 〈◊〉 me c. for a Traytor therefore without so much as 〈◊〉 hearing me to speak for my self and then after they had condemned me went about at