times by the common Law of England the Coroner the high Sheriff Justices of peace Verderors of Forests yea and in times of Warre the Leaders of the Counties souldiers were chosen in full Counties by the Freeholders Justices of the Peace c and that they were abridged of that their native Liberty by a Statute of 8th of H. 6 7. and the 27 H. 8th 14. That therefore that Birth-right of all Englishmen be forthwith restored to all which are not or shall not be Legally disfranchised for some criminall cause or are not under twenty one years of age or servants or beggars and we humbly offer That every County may have its equall Proportion of Representers and that every County may have its severall Divisions in which one Representer may be chosen and that some Representatives of every Parish proportionably may be the Electors of the Sheriffs Justices of the Peace Committee men Grand-jury men and all Ministers of Justice whatsoever in the respective Counties and that no such Minister of Justice may continue in his Office above one whole yeer without a new (aa) (aa) It hath been a Maxime amongst the wise Legislators that whoseover means to settle good Laws must proceed in them with a sinister or evill opinion of all mankinde and suppose that whosoever is not wicked it is for want of opportunity and that no State can be wisely confident of any publick Minister continuing good longer then the Rod is over him It is the opportunity of being ill that must be taken away if ever we mean to be happy which can never be done but by frequency of change Speeches and Passages pag. 17. Election 12. That all Statutes for all kind of Oaths whether in Corporations Cities or other which insnare consciencious people as also all other Statutes injoyning all to hear the Book of common-Prayer be forthwith repealed and nulled and that nothing be imposed upon the consciences of any to compel them to sin against their own consciences 13. That the too long continued shame of this Nation viz. permission of any to suffer such poverty as to beg their bread may be forthwith effectually remedied and to that purpose that the poor be enabled to chuse their Trustees to discover all Stocks Houses Lands c. which of right belong to them and their use that they may speedily receive the benefit thereof and that some good improvement may be made of waste Grounds for their use and that according to the promise of this Honourable House in your first Remonstrance care be taken forthwith to advance the native commodities of this Nation that the Poor may have better wages for their labour and that Manufactures may be increased and the Herring fishing upon our own Coasts may be improved for the best advantage of our own Marriners and the whole Nation 14. Whereas that burthensom Tax of the Excise lies heavie onely upon the poorer and most ingenuous and industrious People to their intolerable oppression and that all persons of large Revenues in Lands and vaste estates at usury bear not the least proportionable weight of that burthen whereby Trade decayes and all ingenuity and industry is discouraged That therefore that oppressive way of raising money may forthwith cease and all moneys be raised by equall Rates according to the proportion of mens estates 15. That Mr Peter Smart Doctor Leighton M. Ralph Grasion M. Hen. Burton Doctor Bastwick M. William Prynne Lieut. Colonel John Lilburn the Heirs and Executors of M. Brewer M. John Turner and all others that suffered any cruelty or false illegall imprisonment by the Starchamber the high Commission or Councel-board as also M. Alderman Chambers and all others that suffered oppression before the Parliament for refusing to pay illegall imposts customs or Ship-money or yeeld conformity to Monopolizing Patentees may after seven yeers attendance for justice and right forthwith by this House receive legall and just Reparations out of the Estates of all those without exception who occasioned acted in or procured their heavie sufferings that so in future Ages men may not be totally discouraged to stand for their Liberties and Freedoms against oppressors and Tyrants 16. Whereas we can fix our eyes upon no other but this Honorable House for relief in all these our pressing grievances untill we shall be enforced to despair we therefore desire that the most exact care be had of the right Constitution thereof And therefore we desire that all Members of this House chosen in their Nonage may be forthwith ejected and that all Votes for suspension of Members from this House may be forthwith put in execution Provided that the House proceed either finally to expel them that others may be elected in their stead or they be restored to serve their Country And likewise that all Lawyers who are Members of this House by reason of their over-awing power over Judges of their own making may wholly attend the Peoples service therein and that every of them may be expelled the House who shall hereafter plead any cause before any Court or Committee whatsoever during his Membersship in this House And we do further desire that every Member of this House may be enjoyned under some great penalty not to be absent above three dayes without the expresse license of this House and not above one month without the license of the place by which they are betrusted And likewise that no Law may be passed unlesse two third parts of all the Members of this House be present and that the most speedy care be had to distribute Elections equally throughout the Nation and that the extent of the Power and Trust of this honorable House be cleerly declared with the true end and intention thereof viz. To make just Laws binding all alike for the preservation and equal good of all but not to execute Laws Now whereas the particular requests in our Petitions are for the most part never debated in this House but when we are at any time rightly interpreted in our meanings and intentions we onely receive thanks for our good affections or promises that in due time our desires shall be taken into consideration and by such delayes our destractions are daily increased and our burdens made more heavie therefore we desire that a Committee be forthwith appointed by this Honourable House who may be enjoyned under some penalty to sit from day to day untill they have debated every particular of our request and reported their sense of the justnesse and necessitie of them to this House that we may attend for an Answer accordingly and that a time be fixed when such a Committee shall make their report And we further desire the same Committee may be invested with power to hear all our other complaints and offer sutable remedies to this Honourable House and to bring in the Appeals of any persons from the Judges at Westminster to this Honourable House against their injustice briberie or illegall delay and oppression Now O
the Nation In particular we earnestly intreat Fiâ—st that seeing we conceive this Honorable House intrusted by the People with all power to redresse our grievances and to provide security for our Freedoms by making or repealing laws Erecting or abolishing Courts displacing or placine Officers and the like and seeing upon this consideration we have often made our addresses to you and yet we are to depend for all our expected good upon the wills of others who have brought all our misery (g) (g) See the Kings Deccla of the 12 of Aug 1642. 1 part Book Dec. p. 522. 526 528 548. p. 617. 726 728. upon us that therefore in case this Honourable House will not or cannot according to their trust relieve and helpe us that it be cleerly declared that we may know to whom as the Supreame power we may make our present addresses before weperish or be enforced to flie to the Prime Laws of nature (h) (h) See 1 part book Dec. p. 44 150. 182. 426. 637. 690. for refuge 2. That as we conceive all Governours and Magistrates being the Ordinance h) h) See Col. Nath. Fienne's his Speech against the Bishops Canons made in 1640 in a book called Speeches and Passages of Parl. from 3. Novemb. 1640. to June 1641. p. 50 51. 52. of men before they be the Ordinance of God and no authority being of God approbationally but what is erected by the mutual consent of a People and seing this Honorable House alone represent or ought to represent the people of this Nation that therefore no person whatsoever be permitted to exercise any power or authority in this Nation who shall not cleerly and confessedly receive his power from this House and be always accountable for the discharge of his trust to the people in their representers in Parliament or otherwise that it be declared who they are which assume to themselves a Power according to their own wils and not received as a trust from the People that we may know to whose Wills we must be subject and under whom we must suffer such oppressions as they please without a possibility of Justice against them 3. That considering that all just power and Authority in this Nation which is not immediately derived from the people can be derived only from this honourable House and that the People are perpetually subject to Tyranny when the Jurisdiction of Courts and the power and Authority of Officers are not cleerly described and their bounds and limits (i) (i) See your Remonstance of the State of the Kingdom book Dec. p. 6. 8 15. See also the act made this Parliament that abolished the Star-chamber and High-Commission prefixed That therefore the Jurisdiction of every Court of Judicature and the power of every Officer or Minister of Justice with their bounds and limits be forthwith declared by this Honorable House and that it be enacted that the Judges of every Court which shall exceed its jurisdiction and every other Officer or Minister of Justice which shall intermeddle with matters not coming under his Cognisance shall incur the forfeiture of his and their whole estates and likewise That all unnecessary Courts may be forthwith abolished and that the publick Treasury out of which the Officers solely ought to be maintained (k) (k) See the statute of Westminst 1. made 3 Ed. 1 chap. 26. 20 Ed. 3.1 and the Judges Oath made in the 18. of Ed. 3. Ann. 1334. recorded in Pulâ—ons collections of Statutes fol. 144. may be put to the lesse charge 4. That whereas there are multitudes of complaints of Oppression by Committees of this House determining particular matters which properly appertains to the cognizance of the Ordinary Courts (l) (l) See the 29. c. of Mag. Charta Sir Ed. Cooks Exposition upon it in his 2 part Instit f. 46. to 57. and the Petit. of Right of Justice and whereas many persons of faithfull and publick spirits have been and are daily molested vexed imprisoned by such Committees sometimes for not answering Interrogatories and sometimes for other matters which are not in Law criminal and also without any legal Warrants expressing the cause and commanding the Jaylor safely to keep their bodies untill they be delivered by due course (m) (m) See the Petition of Right made in the 3 of the King and Sir Edward Cooks 2 part Institutes f. 52. 53. 315. 589. 590. 591. 615. 616. and 661. of Law And by these oppressions the persons and estates of many are wasted and destroyed That therefore henceforth no particular cause whether criminal or other which comes under the cognizance of the Ordinary Courts of Justice may be determined by this House or any Committe thereof or any other then by those Courts whose duty it is to execute such Laws as this Honourable House shall make and who are to be censured by this House in case of injustice Alwayes exâ—epted matters relating to the late War for indemnity for our assisters and the exact observation of all Articles granted to the adverse (n) (n) See Psa 15.4 Exod. 5.3 Deu. 23.21.22 2 Sam. 21.5 6. Eccl 5.4 5. Party and that henceforth no person be molested or imprisoned by the will or arbitrary powers of any or for such matters as are not crimes (o) (o) See Rom. 4.15 according to Law And that all persons imprisoned at present for any such matters or without such legal Warrants as above-said upon what pretence or by what Authority soever may be forthwith released with due reparations See the Armies Book ofDeclar pag. 11 31. 32. 33. 34 45. 97. 5. That considering its a Badge of our slâ—very to a Norman Conqueror to have our Laws in the French Tongue and it is little lesse then brutish vassalage to be bound to walk by Laws which the people (p) (p) See 36. E. 3. 15 1 Cor. 14.7 8 11 16 19 23. See also the English Chronicles in the Reign of Wil. conqueror cannot know that therefore all the Laws and Customs of this Realm be immediately written in our mother-Tongue (q) (q) See Exo 24.7 31.18 chap. 34. Deut. 30.12 13 14. 5.1 5 24 27 31. and 6.1 6 7 8. and 9.10 and 11.18 19.20 and 27.8 without any abbreviations of words and in the most known vulgar hand viz. Roman or Secretary and that Writs Processes and Enrolments be issued forth entred or inrolled in English and such manner of writing as aforesaid 6. That seeing in Magna Charta which is our native Right it is pronounced in the name of all Courts That we will sell to no man we will not deny or defer to do any man either Justice or Right notwithstanding we can obtain no Justice or Right neither from the common ordinary Courts or Judges nor yet from your own Committees though it be in case of indempnity for serving you without paying a dear price for it that therefore our native (r) (r)
See Sir Edward Cook in his 1 part Inst l. 3. c. 13. Sect. 701. fol 368. Where he positively declares it was the native and ancient rights of all Englishmen both by the Statutes and common Law of England to pay no Fees at all to any administrators of Justice whatsoever See also 2 part Inst f. 74 176 209 210 and 176. And he there gives this reason why Judges should take no Fees of any man for doing his Office because he should be free and at liberty to doe justice and not to be fettred with golden Fees as setters to the subversion or suppression of truth and Justice Right be restored to us which is now also the price of our blood that in any Court whatsoever no moneys be extorted from us under pretence of Fees to the Officers of the Courts or otherwise And that for this end sufficient salaries or pensions be allowed to the Judges and Officers of Courts as was of old out of the common Treasury that they may maintain their Clerks and servants and keep their Oathes uprightly wherein they swear to take no Money or cloaths or other Rewards except meat and drink in a small quantity besides what is allowed them by the King and this we may with the more confidence claim as our Right seeing this honorable House hath declared in case of Ship-money and in the case of the Bishops Canons that not one penny by any power whatsoever could be levyed upon the people without common consent in Parliament and sure we are that the Fees now exacted by Judges and Clerks and Jaylors and all kinde of Ministers of Justice are not setled upon them by Act of Parliament and therefore by your own declared principles destructive to our property (s) (s) See the Articles of high Treason in our Chronicles against Judg Tresilian in Richard the seconds time and the judgment of Iustice Thorpe for taking money in Edward the Thirdâ— time 3 part Cooks Instit fol. 145 146 147 163 164 165. therefore we desire it may be enacted to be death for any Judge Officer or minister of Justice from the highest to the lowest to exact the least moneys or the worth of moneys from any person whatsoever more then his pension or salary allowed from the common Treasury And that no Judg of any Court may continue above three years 7. That whereas according to your owne complaint in your first Remonstrance of the (t) (t) See 1 part Book Dec. p. 9 state of the Kingdom occasion is given to bribery extortion and partiallity by reason that Judiciall places and other Offices of power and Trust are sold and bought that therefore for prevention of all injustice it be forthwith Enacted to be death for any person or persons whatsoever directly or indirectly to bay or sell or offer or receive moneys or rewards to procure for themselves or others any Office of power or Trust whatsoever See for this purpose 12 R 2. c. 2. 5. 6 Ed 6. c. 16. 1 part Cooks Institutes fol. 3â—6 fol. 233 b. and 234 a. 8. Whereas according to Justice and the equitable sense of the Law Goals and Prisons ought to be only used as places of safe custody untill the constant appointed time of speedy tryals (u) (u) See Sir Ed. Cook 1 part Instit l. 3. c. 7. sect 438. fol. 260. a. who expresly saith Imprisonment must be a safe custody not a punishment and that a prison ought to be for keeping men safe not to punish them See also 2 part Institut f 43. 315. 589. 590. 591. 3. part fol. 3â— 35. 4 part 168. and now they are made places of torment and the punishment of supposed offenders they being detained many years without any Legall tryals that therefore it be Enacted that henceforth no supposed offender whatsoever may be denyed his Legall tryall at the first Sessions Assizes or Gaol-delivery after his commitment (w) (w) See the Statute of the 4 E. 3 2. 12 R. 2. 10. and that at such tryal every such supposed offender be either condemned or acquitted 9. Whereas Monopolies of all kindes have been declared by this Honorable House to be against the fundamentall Lawes of the Land and all such restrictions of Trade doe in the consequence destroy not only Liberty but property that therefore all Monopolies whatsoever and in particular that oppressive Company of Merchant-Adventurers be forthwith abolished and a free Trade restored and that all Monopolizers may give good reparation to the Commonwealth and to particular parties who have been damnified by them and to be made incapable of bearing any Office of power or trust in the Nation and that the Votes of this House Novemb. 19. 1640. against their sitting therein may be forthwith put in due execution 10. Whereas this House hath declared in the first Remonstrance of the (x) (x) See 1 part Book Declar. page 14. state of the Kingdome that Ship-money and Monopolies which were imposed upon the people before the late Warre did at least amount to 1400000 l. per annum and whereas since then the Taxes have been double and treble and the Army (y) (y) See the Armies last Representation to the House hath declared that 1300000 l. per annum would compleatly pay all Forces and Garrisons in the Kingdom and the Customes could not but amount to much more then would pay the Navie so that considering the vast summes of moneys raised by proposition-money the fift and twentyeth part sequestâ—ations and compositions excise and otherwise it is conceived much Treasure is concealed that therefore an Order issue forth immediatly from this Honourable House to every parish in the Kingdome to deliver in without delay to some faithfuâ—l persons as perfect an accompt as possible of all moneys levyed in such Town City or Parish for what use or end soever since the beginning of the late Warre and to return the severall Receivers names and that those who shall be employed by the severall Parishes in every Shire or County to carry in those accompts to some appointed place in the County may have liberty to choose the receiver of them and that those selected persons by the severall parishes in every County or Shire may have liberty to invest some one person in every of their respective Counties or places with power to sit in a Committee at LONDON or elswhere to be the Generall Accomptants of the Kingdom who shall publish their Accompts every month to the publick view and that henceforth there be onely one Common Treasury where the Books of Accompts may be kept by severall persons open to the view of all men 11. Whereas it hath been the ancient Liberty of this Nation That all the Free-born people have freely elected their Representers in Parliament and their Sheriffs and (z) (z) 28 Edw. 1. Chap. 8. 13. See 2 part instit fol 174 175 558 559. where Sir Ed. Cook positively declares that in ancient
AN IMPEACHMENT OF HIGH TREASON AGAINST Oliver Cromwel and his Son in Law Henry Ireton Esquires late Members of the late forcibly dissolved House of Commons presented to publique view by Lieutenant Colonel Iohn Lilburn close Prisoner in the Tower of London for his real true and zealous affections to the Liberties of his native Country In which following Discourse or Impeachment he engageth upon his life either upon the principles of Law by way of indictment the only and alone legall way of all tryals in England or upon the principles of Parliaments ancient proceedings or upon the principles of reason by pretence of which alone they lately took away the Kings life before a legal Magistracy when there shal be one again in England which now in the least there is not to prove the said Oliver Cromwel guilty of the highest Treason that ever was acted in England and more deserving punishment and death Then the 44 Judges hanged for injustice by King Alfred before the Conquest or then the Lord chief Justice Wayland and his associates tormented by Edw. 1. Or then Judg Thorpe condemned to dye for Bribery in Edw. 3. time Or then the two dis-throned Kings Edw 2. and Rich. 2. Or then the Lord chief Justice Tresillian who had His throat cut at Tyburn as a Traitor in Rich. 2. time for subverting the Law and all his associates Or then those two grand Traytorly subverters of the Laws and Liberties of England Empson and Dudley who therefore as Traytors lost their heads upon Tower-hill in the beginning of Henr. 8. raign Or then trayterous Cardinal Wolsey who after he was arrested of Treason poysoned himself Or then the late trayterous Ship-Money Judges who with one Verdict or Judgment destroyed all our propertie Or then the late trayterous Bishop of Canterbury Earl of Strafford Lord-Keeper Finch Secretary VVindebanck or then Sir George Ratcliff or all his Associates Or then the two Hothams who lost their heads for corresponding with the Queen c. Or then the late King Charls whom themselves have beheaded for a Tyrant and traytor In which are also some Hints of Cautions to the Lord FAIRFAX for absolutely breaking his solemn Engagement with his souldiers c. to take head and to regain his lost Credit in acting honestly in time to come in helping to settle the Peace and Liberties of the Nation which truly really and lastingly can never be done but by establishing the principles of the Agreement of the Fâ—â—â— People that being really the peoples interest and all the rest that went before but particular and selvish In which is also the Authors late Proposition sent to Mr Holland June 26. 1649. to justifie and make good at his utmost hazard upon the principles of Scripture Law Reason and the Parliaments and Armies ancient Declarations his late actions or writings in any or all his Books Ier. 5.26 27 â—8 29. For among my peoyle are found wicked â—en they lye in wait as he that setteth snares they set a trap they catch men As a cage is full of Birds so are their houses full of deceit therefore they are become great and waxen rich They are waxen fat they shine yea they overpass the deeds of the wicked they judg not the cause the cause of the Fatherless yet they prosper and the right of the needy doe they not judg Shall I not visit for those things saith the Lord Shall not my soul be avenged of such a Nation as this Imprinted at LONDON Anno Dom. 1649. The Author to the Courteous Reader COurteous Reader There wanting room at the conclusion of this Discourse to make a Postscript I am necessitated to make it upon the back of the Title page that being the last printed and to acquaint thee that divers weeks agoe this discouse was all in a manner printed which I have been necessitated to keep in ever since by reason of a little liberty I obtained of the day time to visit my sick and distressed family which by sicknes have been sorely afflicted by the wise hand of him that dispenseth all his dealings to those that truly know him in mercy and loving kindnesse with the bowels of a loving father yea in afflictions his seeming frowns hath that end in them to draw the souls of his nigher and closer to himself and that thereby they may truly and substantially see that in the naked injoyment of himself that is not to be found in all earthly or creature objects or delights and his wise hand having thought it fit to exercise my faith and patience by taking away both my Sons from me who were the greatest part of my earthly delight in this world and brought my wife and daughter even to deaths door which affliction I must truly acknowledge made me unfit to think almost of any earthly thing and became unto me a greater tryall of my dependence upon God then ever I had in my life especially being not alone by my self but a company like Jobs with many other bitter ones but my sweet father letting me see his hand in it and being merciful to me in sparing and recovering my wife and daughter and hath as it were brought my spirit to its selfe which hath made me wait for a righteous and hoped for composure betwixt my unrighteous adversaries and my self and which if it had come I had burnt this discourse in whose promises I constantly find nothing but meer delusions and therefore am compelled in my own spirit to let this fly and the rather because Sir Arthur Haâ—â—erig and Colonel Fenwick treacherously and theevishly have not only without any pretence of Law and Justice but their meer wills seized upon above 1000l of my estate in the North but also most maliciously detaine it in their hands and are so resolved to do which action tends to the apparent ruine and destruction of me and the rest of my Family remaining alive whose wickednesse in this particular c. I have hinted at in the following discourse pag 6. 8. as also in the 12 page of the late second edition of my Book Entituled The legall Fundamentall Liberty of the People of England revived the 2 last pages of which I also intreat the Reader carefully to peruse which with other grand oppressions both general and particular remaining upon me in severall particulars and also seing no rationall hopes of any just composure I am resolved being I am in manner a weary of any thing I can see abroad through the assistance of God to be as prodigall of my pen and life for the future as my bloody and tyrannicall adversaries are of their oppression cruelty tyranny and blood-thirstines and so I rest this present August 1649. as much as ever IOHN LILBURN To all the Affectors and Approvers in England of the London Petition of the eleventh of September 1648. but especially to the owners of it by their subscriptions either to it or any other Petition in the behalf of it and particularly to the
first promoters of it my true Friends the Citizens of London c. continuing â—â—shâ—k it in their principles by Offices Places or other base bribes or rewards usually meeting at the Whalbone in Lothbury behinde the Royal Exchange commonly but most unjustly find Levellers Gentlemen and worthy Friends IT is the saying of the Spirit of God Prov. 17.17 That a friend loveth at all times and a brother is born for adversity And Prov 18.24 There is a friend that â—â—â—keth closer then a brother the last of which sayings I am able by experience to seal to the truth of and even amongst you I have found some that in the burning heat of the day of my Adversity have stuck closer to me then my brother which was not onely largely manifested by your Petitioning for me when I was prisoner in Newgate about four yeers ago and by your effectual Petitioning for me last year which was the instrumental means of my deliverance out of an almost three years captivity But also your late unwearied pains taken for me c. in divers Petitions of a hazardous nature at the beginning of my present captivity which though fruitless in themselves as to my liberty yet are strong demonstrations of the continuance of your zealous affections to me in particular and to the Liberties of the Land of your nativity for which I suffer and am in bonds But hearing that you had some thoughts of new motions for me and my fellow-prisoners I judg it a fit opportunity for me to visit you with a few lines and to acquaint you how things at present stand with me I beleeve the most of you have seen if not read my late Book of the eight of June 1649. Intituled The legal fundamental Liberties of the people of England revived affected and vindicated in which from the 43 page to the 59. page I have fully both by Law and Reason undeniably and unanswerably proved That the present Juncto sitting at Westminster are no Parliament at all in any sense either upon the principles of Law or Reason but are a company of usurping Tyrants and destroyers of your Laws Liberties Freedoms and Properties sitting by vertue of the power and conquest of the Sword from whom if we will believe their Oracle Mr. John Cook we may and ought if we can to deliver our selves His words in the Kings Case stated page 10. are That all people that live at the beck and nod of Tyrannical men may and ought to free themselves from that Tyranny if and when they can for such Tyrants that so domineer with a rod of Iron do not govern by Gods permissive hand of approbation or benediction but by the permissive hand of his providence suffering them to scourge the people for ends best known unto himself until he open a way for the people to work out their own infranchisements And in page 22. saith he Conquest onely makes title amongst Wolves and Bears but not amongst men And in page 8. That a man ruling by Lust and not by Law is a Creature that was never of Gods making nor of Gods approbation but his permission and though such men are said to be gods on Earth it s in no other sense then the Devil is called the god of this world The same Note also the great men of the Army sing in their late Remonstrance from Saint Albans Novemb. 16. 1648. p. 48. 67. and in page 22. they say That when a Magistrate intrusted with a power to protect and preserve the peoples Rights and Liberties shall rise to the assuming hurtful powers which he never had committed to him and indeed to take away all those foundations of Right and Liberty and of redress or remedy too which the people have reserved from him and to swallow up all into his own absolute will and power to impose or take away yea to destroy at pleasure and declaring all appeal herein to the established equal Judgment or to any other Judgment of men at all shall flie to the way of Fame upon the trusting people which both Cromwel and Ireton c. have already as really done as ever the King did and by it attempt to uphold and establish himself in that absolute tyrannical power so assumed over them and in the exercise thereof at pleasure such a person in so doing does forfâ—â—â—â—â— that trust and power he had and absolve the people thereby from the Bonds and Covenant of Peace betwixt him and them does set them free to take their best advantage and if he fall within their power to proceed in judgment against him even for that alone if there were no more of all which in the evil part of it in the highest the chief Authors of that Remonstrance are guilty Therefore out of thy own mouth will I judg thee thou wicked servant saith Christ Luke 19.22 And saith Paul to his One of themselves even a Prophet of their own said The Cretians are always â—â—ers evil Beasts slow Bellies this witness is true therefore c. Now I say considering that which is before declared I cannot upon any terms in the world either with safety justice or conscience as things stand with me at present give my consent but hinder as much as I am able all addresses from you or any others for me that shall own those usurping Tyrants as a Parliament especially by Petition Which was a course saith the pretended Parliament Solicitor against the King in his Case stated page 24. which Gods people did not take with Rehoboam for they never Petitioned him although he was their lawful and supreme Magistrate but advised him he refusing their counsel and hearkened to young and wicked Counsellors and they cry out To thy Tents O Israel and made quick and short work of it But I shall rather desire and advise you by Letter like your selves address your selves to the Lord Fairfax by the sword of whom and his Souldiers I am now in prison for my honesty and innocency and nothing else and demand my liberty of him if he refuse print it and do as God and Reason shall direct you for it was his and his Souldiers force that fetcht me out of my Bed the 28 of March 1649. without all shadow of Law or Justice and against the tenor of all their own Declarations the particular pages of which you may read in my following Letter to Mr. Holland page 5. And by force of Arms carryed me to Whitchal and then to Derby house before a company of men that in Law had no more power to commit my body to prison then so many theeves and robbers upon Suiters Hill have who by the Rules of their own wills as in the second Edition of the Picture of them I have fully declared sent me by force of Arms to the Tower for all my short eternity in this world But I intreat you seriously to consider that I cannot advise you to make address to him as the General of the Nations forces
upon them unto the distressed and oppressed Commons or people of this Nation yea the setling of which principles is that that will thereby make it evident and apparent unto all rationall and understanding people in the world that the reall and hearty good and welfare of the people of this Nation hath cordially and in good earnest been that that their souls have hunted for and thirsted after in all the late bloody civill wars and contests All the Contests of the Kings party for his Will and Prerogative being meerly Selvish and so none of the peoples interest and the contest of the Presbyterians for their â—â—ke-bate dividing and hypocriticall Covenant no better in the least and the present contest of the present dissembling interest of Independents for the peoples Liberties in generall read the following Discourse pag. 27 28 29 meerly no more but Self in the highest and to set up the false saint and most desperate Apostate murderer and traytor Oliver Cromwel by a pretended election of his mercinary souldiers under the selfe name of the godly Interest to be King of England c. that being now too too apparently all the intended Liberties of the people that ever he fought for in his life that so he might rule and govern them by his Will and Pleasure and so destroy and envassalize their lives and properties to his lusts which is the highest treason that ever was committed or acted in this Nation in any sense or kinde either first in the eye of the Law or secondly in the eye of the ancient but yet too much arbitrary proceedings of Parliament or thirdly in the eye of their own late declared principles of reason by pretence of which and by no rules of Law in the least they took away the late Kings head and life which it there were any Law or Justice in England to be had or any Magistrates left to execute it as in the least there is not I durst undertake upon my life plainly evidently and undeniably to make good the foresaid unparalleld treasons against the foresaid Ol. Cromwel upon against all the three forementioned principles viz Law Parliament and Reason yea and to frame against him such an Impeachment or Indictment which way of Indictments is the true legall and only just way of England to be tried at the Common Law higher and greater then all the charges against the fourty four Judges hanged for false and illegal Judgments by King Alfred before the conquest which with their crimes are recorded in the Law Book called The mirror of Justice Printed in English for Matthew Walbank at Grayes Inn gate 1646. page 239. 240. 241. 242. 243. 244. 245. See also page 196. 197. 207. ibid. Or then the impeachment or accusation Of the Lord chief Justice Wayland and the rest of his brother Judges and Lawyers tormented in Edward the first his time and mentioned in Speeds Chronicle fol. 635. Or then the impeachment in Parliament against Judg Thorp who for taking small bribes against his oath was condemned to die in Edward the third his time of whom you may read in the 3. part Cooks Institut fol. 155 156. and in Mr. Pyms Speech against the Earl of Strafford in the Book called Speeches and Passages of Parliament pag. 9. Or then the impeachment 〈◊〉 a charge of the dethroned King Edward the second in full Parliament the maner of whose dethroning you may notably read in Speeds Chronicle fol. 665. Or then the many Articles of impeachment of the dethroned King Richard the second in full Parliament recorded at large in the Chronicles or History of Will. Martin fol 156. 157. 158. 159. the 8. 10. 12. 15. 21. Articles of which I conceive must remarkable as to the people which are extraordinary well worth the reading for in them the King himself in those dark days of Popery is charged To have perverted the due course of the Law or Justice and Right and that he destroyed men by information without legal examination or tryal and that he had declared the Laws of the Kingdom were in his own Erest just the same thing do Mr. Peters and other mercenary Agents of the Grandees of the Army now constantly declare of them and that by himself and his own authority just Cromwel and Ireton like onely much short of them he had displaced divers Burgesses of the Parliament and had placed such other in their rooms as would better fit and serve his own turn Or then the impeachment of the Lord chief Justice Trisâ—lian who had the worship or honor in Richard the second his time in full Parliament to be apprehended in the forenoon and hanged at Tiburn in the afternoon with his brother Judges viz. Fulthorp Belknay Care Hot Burge and Lockton or their associates Sir Nicholas Bramble Lord Mayor of London Sir Simon Burley Sir William Elinham Sir John Salisbury Sir Thomas Trevit Sir James Bernis and Sir Nicholas Dodgworth some of whom were destroyed and hanged for setting their hands to Judgments in subversion of the Law in advancing the Kings will above Law yea and one of them banished therefore although a dagger was held to his brest to compel him thereunto Or then the indictment of those two grand and notorious traitorly subvertors of the Laws and Liberties of England Empson and Dudley Privy Counsellors to Henry the seventh recorded in Cooks 4. part Institut fol. 198. 199 read also fol 41. ibid. and 2. part Instit fol. 51. Or then the impeachment of that notorious wicked and traiterous man Cardinal Woolsey by King Henry the eight his Privy Councel recorded in the 4. part Cooks Instit fol. 89. 90. 91. 92. 93. 94. 95. Read especially Artic. 17. 20. 21. 23 25 26. 30. 31. 33. 35. 38. 42. in all which he is charged with Arbitrariness and subversion of the Law Or then the impeachment of the Shipmoney Judges who in one judgment did as much as in them lay destroy all the Properties of all the men in England read the notable Speeches against them in Speeches and Passages Or then the impeachment of the Bishop of Canterbury in the late Parliament Or then the impeachment of the Lord Keeper Finch Earl of Strafford Secretary Windebank Sir Richard Bolton Lord Chancellor of Ireland John Lord Bishop of Derry Sir Gerrard Lowther Knight Lord chief Justice of the Common Pleas in Ireland and Sir George Ratcliff all whose impeachments are recorded in a Book intituled Speeches and Passages of Parliament from November 1640. to June 1641. Pag. 76. 77. to 83. and 117. 118. to 143. and 174. and 256. 257. 258. Or then the Articles or charge against the two Sir John Hothams the elder of which kept the King out of Hull the beginning of these Wars when the House of Commons durst not command him positively to do it although they were effectually put upon it by a motion from the younger then sitting in the House and yet they were both beheaded as Traytors for but endevoring to
is not long since the Army or the leaders thereof charged divers of your principal members as traytors therefore as appears in their Book of Declarations page 83. 85. the liberty of which they reckon amongst the prime Liberties of this Nation for the pretended preservation of which there hath been almost eight 〈◊〉 bloody wars as appears largely in their forementioned pages but especially page 44. 118. yea and waged war with the Parliament their Lords Masters and Impowrers for abridging them thereof as clearly appears in their own Declarations which makes it plain and evident that such a Declaration made by the House of Commons against their Petition as the House made 27. March last against one they supposed me to have a hand in was the original and first declared cause of all the Armies contest with and rebellion against the Parliament But that I should not only be imprisoned for nothing but close imprisoned sometimes from the very society of my wife and children and ever since the ninth of May 1649. to be debarred the society and visits of my friends and acquaintance which the very Pagan Romans would not do to Paul that pestilent fellow and a turner of the world upside down as Tertullus accused him to be yea to be mewed up close in my lodging with a Padlock upon my door and Sentinels set thereat night and day that I shall not so much as speak at a distance with any of my fellow prisoners and worse dealt with besides then the Canibals do with their poor imprisoned Captives who feed them fat with good cheer against the day of slaughter or then the States of Holland do their intended to be executed theeves traytors or murderers whom they largely and plentifully provide for in their imprisonment yea or worse then King Charls whom you have beheaded for a Tyrant did by his prisoners in this very place unto the meanest of whom out of the Exchequer he allowed three pound a week for their maintenance during their imprisonment in this place yea and to divers of your very members that were men of great estates and possessed them peaceably in the third four fifth c. years of his raign he allowed them four pound and more at week apeece for their diet when things were cheap to what they are now and ye for much of my time you proffered me never a peny and when you do you do in a mock and scorn proffer me at most but twenty shillings a week which will do little more then pay for the necessary attendance in the close and extraordinary condition you have put me in which I confess I refused with as much scorn as it was sent me which close and extraordinary tormenting condition in the heat of Summer without permitting me to step out of my lodging to take a little Air admit you were as unquestionable a power as ever was in England and that I had really committed treason cannot in the least by the Law of England he justifiable the equity and justice of which Law abhors any torture or torment whatsoever to any prisoners though never so criminous least that his pain or torture or torment should take away his reason and constrain him to answer otherwise then of his free will torture forcing many times the innocent person to tell lies which Law and Justice otherwise abhor and therefore that never enough to be magnified Lawyer Sir Edward Cook saith That there is no one opinion in all our Law Books or Judiciall Records that he hath seen and remembers for the maintenance of torture or torments c. persons being meerly instituted by Law for safe keeping in order to a speedy triall but not in the least for punishment or torment as is most excellently declared by him in the 1. Part Instit fol. 260. 2. and 2. Part fol. 42. 43. 186. 315. 316. 589. and 3. Part fol. 3435. and 4. Part fol. 168. And all this present unjust usage of me to come not onely from the hands of my large pretended friends whose just interest according to their own published Declarations I have with all faithfulness in the midst of many deaths for many yeers together faithfully served and advanced with all my might But also of those that would seem to abhor and abominate the Ruling and Governing by will and Arbitrary power as the wickedest and detestablest thing in the world and so declare it to be 1. Part. Book Declarations pag. 172. 195. 214. 264. 281. 342. 464. 492. 494. 496. 498. 663. 666. 690. 699 728. 750. And that have raised and maintained a bloody war for seven yeers together principally for the pretended preservation of the Laws and Liberties of England that have pulled down the Star Chamber High Commission Councel Table and House of Peers for oppression and arbitrary injustice nay and beheaded the King the quondam glory of some of your great ones eyes * * As is undeniably demonstrated in my following impeachment of Lieutenant General Cromwel and his son Ireton at the Bar of the House of Commons the 19. Janu. 1647. And offered again and again there upon my life to make it good as cleerly appears by Putney projects Mr. John Wildemans Truths Triumph pag. 7 8. and Major Huntingtons charge delivered to the Parliament August 2. 1648. against Lieutenant General Cromwel c. pretendedly for Tyranny and Oppression as your selves state his Case in your notable Declaration about Non-Addresses dated the 11. of Febr. 1647. and your remarkable Declaration of the 17. of March 1648. Yea and have suffered your Solicitor General Mr. John Cook notably in Print to state his Oppressions yea and to draw most notable pregnant and cutting inferences from them as he doth in the 3. 4. 5. 6. 7. 11 14. 15. 17. 20. 22. 26. 31. 36. 39. 42. pages thereof two of which onely I shall now make use of The first is in pag. 22. where he arguing of the right execution of Trusts saith That when any is intrusted with the sword for the protection and preservation of the people if this man shall imploy it to their destruction which was put into his hands for their safety by the Law of that Land he becomes an enemy to that people and deserves the most exemplary and severe punishment that can be invented and this is the first necessary and fundamental Law of every Kingdom Which if it be true as you cannot contradict it it being your own doctrine then it is easie to make Application a majore ad minus The second is in pag. 42. where he declares That in pronouncing Sentence against the King and executing Justice upon him you have not onely pronounced Sentence against one Tyrant alone but against Tyranny it self therefore saith he there if any of them meaning the High Court of Justice and the Parliament shall turn Tyrants or consent to set up any kinde of Tyranny by a Law or suffer any unmerciful domineering over the Consciences Persons and Estates of
they thought the reputation of the original and chief promoters of that transcendnet gallant and large Petition that so much touches their Copy hold that so if it might be possible the Petition it self might be crusht in the birth before it had brought forth strength sufficient to pull up their rotten tyrannicall Interest by the rootes And after he had done with th Relation at their Bar having giving the Lords as it seemes a flagou of sack and suger they were in pains as it appears till they had communicated some deep draughts of it to their friends of the House of Commons divers of whose rotten Interests were concerned in it as the Lords sons and servants the Patentee Monopolisers the Merchant Adventurers the Lords would be which are principally the chief of Cromwels Faction who having now the power of the Kingdom in their own hands and therefore in their own imaginations can not miss of being within a little time made Barons if not Earls but especeally that grand inslaving Interest the rotten Lawyers of the House divers of whom if the Petition took effect in disabling all Members of that House that are Lawyers to plead at any Bar of Justice would deprive some of them of two or three thousand pound per annum which now they get by their Pleadings by vertue of their beeing Paâ—liament men for if a mans Cause be never so unjust if by large Fees he can get two or three Parliament men to plead it for him he is sure to carry it for the Judges dare as well eat their nailes as displease them for fear of being turned out of their places by them which they more regard then their Oathes which tie them to do impartial Justice I say after he had done his Relation at the Lords Bar a Conference was betwixt both Houses where he again belcht out his most abominâ—ble malicious and false lyes and one being present that heard it came immediatly to me in London and told me of it of which I no sooner heard but immediatly by water of my own accord I posted by boat to Westminster and coming up to the House of Commons door about three or four a clock I found the House to be risen and meeting with some of my friends and acquaintance at the door I told them there I understood the House of Commons had again dealt worse with me then the Heathen and Pagan Romans dealt with Paul who when his adversaries desired Judgment against him they told them that it was not the maner of the Romans to judge or condemn any man before he which is accused have his accuser face to face and have liberty to answer for himself concerning the crime laid against him Act. 25. and yet upon a bare accusation of a single Priest as I was informed they had again committed me to the Tower before they heard me speak one word for myself in which I told my friends freely and openly they had outstript the Heathen and Pagan Romans in Injustice who though Paul by Tertullus the Orator was accused for a pestilent fellow and a mover of sedition among all the Jews throughout the world and a Ringleader of the Sect of the Nazarens Acts 24. yet they would not condemn him before they heard him face to face speak for himself And I further told them this unjust proceeding of the House of Commons against me was but just the same unrighteous measure that they had meted out before unto me for about two years ago I had come Post from Sir Thomas Fairfax Army to bring them glad tidings of his routing of General Gorings Army at Lamport in Somersetshire and being daily waiting at the House door I was a few dayes after by the Speakers means as I have been since largely told Voted upon a bare suggestion to Prison without the House ever so much as calling in my pretended accusers viz. Dr. Bastwick and Colonel Edward King with whom for divers moneths before I had not to the best of my remembrance changed so much as one word or ever so much as calling me in though then at their door to speak one word for my self they Voted and Resolved upon the Question That I should be committed to prison till they please to release me without telling me to this hour wherefore they imprisoned me and from their Serjeant at Arms tossed and tumbled me to Newgate for refusing to make of one of their Committees a High Commission or Spanish Inquisition to answer against all Law and Justice to their Interrogatories And then when they had me at Newgate made an Order of their House to arraign me at Newgate Sessions for no less then my life and Ordered the prime Lawyers about London viz. Master Bradshaw Master Steel Master Walker c. to be my prosecuters and by a law-quirk if it were possible to take away my life from me And yet for all that they being sufficiently baffled by my own pen and the pens of my Friends they sent me One hundred pounds to Newgate as may be supposed to help to bear my charges and released me by Vote of the House as an innocent man after thirteen weeks imprisonment without all that while laying any thing to my charge or so much as ever telling me wherefore they * The full story of which you may read in my Printed Epistle of two sheets dated and in my large Book called Innocency and Truth Justified and in Englands Birth-right Englands misery and remedy and Englands lamentable slavery imprisoned me or who were the prosecutors or informers against me and all this was done unto me by Master Speakers malice principally who though he had not the least pretence or shadow of Crime originally against me yet thought by provocations laid upon me to exasperate and chafe my Spirit and thereupon as it were to force me to do something that might intangle me and be a colourable ground for him to destroy me forgetting although he pretend to be a great Lawyer that maxime of the Law made use of by Judg. Hutton in his Argument in Master Hambdens Case against Shipmoney pag. 49 That that which was defective in the Original is not good by any accident subsequent or as that learned Lawyer the Author of that notable Book called Vox Plebis pag. 20. 43. hath it That which is not good or just but illegal in its original or beginning by tract of time cannot be made just or lawful See also my Grand Plea against the House of Lords pag. 13. I further told my Friends then and there That if I might have but fair play and free liberty to speak for my self I doubted not but to make it as evident as the Sun when it shined at noon-day That at that pretended treasonable meeting at Wappin whereas I understood the parson accused me for plotting the destruction of the Parliament c. I did the House of Commons in its just and fundamental Interest simply considered a peace of the
let me freely tell you I count it my glory and honour amongst the sons of men that I have had so great a hand in forwarding of that Petition as a had And therfore Sir as my crown and glory I shall freely tell you that as soon as I and some other of my true and faithfull Comrades had caused some thousands of that Petition to be printed I did the best I could to set up constant meetings in severall places in Southwark to promote the Petition to which meetings all scruplers and objecters against any thing contained in the Petition might repair unto for satisfaction and I did constantly make one at all such meetings to improve and put forth my abilities to open and unfold the excellency of that Petition and to answer all objections against any particular in it and when there was appointed Trustees in every parish which only did consist of such as had been and stil were active cordial and untainted faithful men to the Liberties and Freedome of their Native Country to take the especial care to promote the Petition effectually and vigorously in their respective Parishes I laboured the most I could to set up the like meetings in London and for that end diverse cordial honest faithful and Noun substantive English-men met openly at the WHALEBONE behind the Exchange where by common consent we chuse out a Committee or a certaine numbâ—r of faithful undestanding men but in regard I abhor to be a betrayer or a mischievous accuser I shal not dare without leave from themselves to name their names but leave you to the information of my illegal and unjust accuser at the Bar or such other as from such as he is you can procure it to withdraw into the next roome to forme a method how to promote it in every Ward in the City and out-parishes and also in every County in the Kingdome and for the more vigorous carrying it one we nominated as he tels you two or three treasurers and a proportion of Collectors to gather up our voluntary contributions which were no greater then some two pence per week others 3 d. some 4 d. some 6 d. some 12 d. 18 d. 2 s. the highest was halfe a crown per weeke and this was and is the voluntary act of every man in himselfe and the end of it was to pay for Printing the Petitions and bearing the charges of those messengers we should have occasion to send downe into the Countries to our friends there to promote the Petitions and I doe acknowledge I have been at diverse other meetings in London and the out-parishes to promote it withall the mighâ— I had and I do further confesse that I wrote a Letter Intituled To my friends and faithfull Country men in Buckingham-shire and Hertford shire that ingaged for me c in a Petition to this House about 13 moneths agoe to desire you to hear judge and determine according to Law and Justice my businesse against the Lords depending in this House either to my justification if innocent or condemnation if guilty And the Copy of the Letter I have by me which when this House shal command me I shal be ready and willing to produce it at this Bar the contents of it being to presse them with all their might and interest to promote this Petition in every parish quite through both the Counties I also went to Darfort in Kent and there was one of those that set my hand to a Letter subscribed to all the in the County of Kent and also I set my hand to a Letter to Colonel Blunt the Copy of both which at the command of this House I shal be ready to present unto you at this Bar and at my comming home I set my hand to a Letter to Captaine Boine in Kent and did besides the best I could to promote the foresaid Petition not only in London but in several other * Yea and I am confident in a moneths longer time if Cromwell and his agents in the House had not hindred us as they did we had got above a hundred thousand hands to it the promoting and prosecuting of which would in all likelyhood have hindred the Wars that followed the innocent bloud shed therein lying principally upon Cromwels score for this constant hindering the setling the liberties of the Nation and prosecuting to death and bonds the prosecutors thereof which bread divisions and they the Wars Counties besides and hearing as before is declared in my foresaid discourse at the House of Commons door the substance of which I againe related at their Bar that some honest people in or about Wappin scrupulled to Petition any more to the House for the reasons before mentioned in p. 16. 17. which I gave the House being desired by some friends to come to the meeting to help to answer their objections I did accordingly and being at the foresaid place there were diverse friends met and the discourse was begun in which with many arguments it was declared that it was our duty to go on with Petitioning to this House againe for that it was all the visible just power that was left in the Kingdome to preserve the peace thereof and though all members thereof did not act as they should yet to do any thing that should destroy the power of the whole it would be a destruction to our selves and the Kingdome for the people being in that mutinous temper by reason of their oppessions and burthens there was no way to keep them in peace and quietnesse but by a vigorous proposing and prosecuting of some universal just things to ease them and for the future to secure them neither was there any safe or sure way for the people to act in to make their grievances known and probably hope for redresse but by Pettiion and that to the House of Commons which was the most our owne interest of any power in England and no man knew at this nick of time what just and righteous things might be produced by and from the House if they should see the people universally own close with so just and gallant a thing as this Petition is and much more to the same purpose which I cannot well remember but this I am sure of that there was not in the whole discourse one dis-ingaging expression to the interest of this House but I dare with much confidence aver it that the whole streame scope and bent of the whole discourse was to lift up and preserve the interest of this House that so it might be the better inabled to do just and righteous things for the whole Kingdome according to the end of the trust they have reposed in you and I dare safely aver it there was not so much as one bit of a mischievous or factious discourse at all the whole tendency of it being to peace Justice and Union And by-and-by there was an objection raised as I remember to this effect I but if the generality
with them for though Mr Speaker this House voted to this effect That the King seduced by evil councel had made War against the Parliament and people and that they are traitors that assisted * 1 part Book Decl. pag. 259 260 508 509 576 722 914. him And further declared That he had set up his Standard against the Parliament and people and hereby put the whole Kingdom out of his protection contrary to the trust reposed in him contrary to his oath dissolving Government thereby and that he in his own person marched up in the head of an Army by force of Arms to destroy the Parliament and in them the whole Kingdom their Laws and ‖ 1 part Book Decl. pag. 580 584 587 617 639 690. Liberties And yet Mr Speaker with the same breath declared The King is the fountain of justice and that he can do no †1 part pag. 199 304. wrong and forc'd the people to take Oaths and Covenants to preserve his person and yet at the same time gave the Earl of Essex and all those under him Commission To fight with kill and slay all that opposed them and declared the King in his own period marched in the head of an Army to oppose and destroy them and yet gave them a Commission to fight for King and Parliament So that Mr Speaker here is riddle upon riddle and mysterie upon mysterie which doth even confound and amaze the people and put them into Woods and Wildernesses that they could not see or know where they are or what to think of themselves or of the Parliament or of the King only this they very well know that their burthens are greater now then ever they were before and that they have been made fools in pretendingly fighting for liberty which hath brought them into bondage And that though it was formerly declared the King had no Negative voyce or Legislative power but is bound by his Oath to passe all such Laws as the people folk or Commons shall * 1 part Book Decl. pag. 205 â—06 208 268 269 270 705 706 707 708 710 713 714. chuse Yet now the Parliament send unto him again and again for his concurrence to their acts as though the giving of life soul and power to their actings were indiâ—putably and inseparably inherent in him and as though now their consciences told them they must crave pardon of him for all the actions they have done without him and against him O riddles and unfathomable mysteries sufficiently able to make the people desirous to be ignorant of their liberties and freedoms and never to hear of them more especially considering they have paid so dear pretendedly for the injoyment of them and yet after five years fighting for them know not where to find one of them But Mr Speaker they were told that in this petition the people had clearly held out unto them and that upon the undeniable principles of reason and justice the Kings Rights the Parliaments and their own and that the two former were and of right alwaies ought to be subservient to the good of the latter and they were told it was not so much persons as things that they doted upon and therfore undoubtedly those that should really hold out justice and righteousnesse unto the people was those that they would be in love with and therfore in mercy to our selves and in love and compassion to our native Country it was pressed that every man that desired to fulfill his end in coming into the World and to be like unto his Master in doing good should vigorously promote and further this just and gallant Petition as the principall means to procure safety peace justice and prosperity to the Land of our Nativity and knit the hearts and spirits of our divided Country-men in love again each unto other and in love unto us which they could not chuse but afford when they should visibly see we endeavoured their good as well and as much as our own there being all the principall foundations of freedom and justice that our hearts could desire or long after in this very petition And if our greatest end were not accomplished in our prosecuting of this petition viz. the Parliaments establishing the things therein desired yet the promoting of it would beget understanding and knowledge in the people when they should hear it and read it and discourse upon it and if nothing but that were effected our labour would not be totally lost for nothing did more instate Tyrants in the secure promotion of tyrannie then ignorance and blindnesse in the people And therfore for the begetting of knowledge it was requisite it should be promoted as also for healing of the divisions amongst the people and knitting them together in love that so their minds might be diverted from studying the destruction each of other to study the destruction of Tyrants that would in time destroy them all And Mr Speaker there was one in the company that made a motion to this effect That he did conceive it was more requisite at present speedily to second the Armies Declaration with a petition to encourage this House vigorously to go on to prosecute their late gallant Votes of Non-Addresses for so they were called to which was answered That in this petition was contained more then was in all all their Votes for it struck at the very root of all that Tyrannie that had enslaved and would enslave us viz. the Negative voyce in King and Lords both which the Votes did not and it was impossible that there could be an active Member in the House of Commons but knew that this petition was promoting all over the Kingdom which did abundantly declare greater encouragement to all those Members of the House that really intended good unto the Commonwealth then possible could be in a single complementall petition signed with 4 or 5000 hands such a petition being rather fit to puff them up then upon reall grounds to strengthen and encourage them fully to mind the peoples good and there was never a Member of the House whose design in the largest extent was no more then the pulling down of the King that so he might be a King himself but of necessitie he must receive more satisfaction and encouragement from the knowledge of the promoting this gallant unparallel'd petition which is a clear demonstration to the Parliament that those that promote it clearly understand that the King and the Lords Tyrannie and their liberties are inconsistent then he could do from a bare complementary petition which would also be dangerous to our selves in quashing the vigorous prosecuting of this that contained the ultimate of our desires and the sum of all those things that in this World we desired to make us happy But Mr Speaker it was again objected That seeing this petition struck so much at the House of Lords as it did who lately it was said had concurred with this House in their gallant Votes against the
King it was dangerous to the Kingdoms safety in this juncture of time to promote it lest it might occasion a clashing betwixt the two Houses which would now be very dangerous Unto which Mr Speaker my self c. answered to this effect That if the Lords had so concurred in these Votes that they had declared it had been their duty without dispute to have concurred to all such Votes as the House of Commons had passed there had been some ground to have pleaded for a respect unto them from us But seeing they so passed the Votes as in the passing of them they declare it to be their right to give their deniall to any Votes the House of Commons shall hereafter passe that doth not please them we are thereby engaged the rather to go on with our petition to pluck up this their destructive interest by the roots for future that had brought all our * See 1 part Book Decl. pag. 289 364 365 398 522 526 528 548 557. miseries and woes upon us For Mr Speaker if the Lords be considered in their Judicative power we shall find them as guilty of treason in subverting our fundamentall Laws and Liberties as ever the Lord of Strafford was who in his impeachment of high Treason by this House was accused in the 4. 5. 6. 7. 8. 9. articles that he had traiterously subverted the fundamentall Laws of England and Ireland and introduced an arbitrary tyrannicall Government beyond and above Law in that he had upon papers †And if these very things should now be judged treason as they are and were in the Earl of Stafford I wonder what should becom of all our present Junto at Westminster and their new thing called A Councel of State undoubtedly the most if not all of them must go to Tyburn or Tower-hill there by an halter or axe to receive their just deserts Amen petitions and verball complaints without any due course processe or shadow of Law but meerly by the law of his own will outed divers of the Free-men thereof out of their liberties properties and free holds to the ruin and destruction of many of their families And truly Mr Speaker I must aver it and do aver it before this honourable House that the House of Lords are as guilty of this traiterous subverting of our fundamentall Laws and Liberties and introducing and exercising an arbitrary tyrannicall Government above and beyond all Law and Justice as he was and by the law of their own wils without any due course or processe of Law have outed divers Free-men of England out of their liberties properties and free-holds they themselves being complainents prosecutors parties witnesses Jury and Judges have passed most barbarous and tyrannical censures upon them to the apparent ruin of them and their families Yea and upon me have passed so barbarous and transcendent an illegal sentence that I am confident the like of it in all circumstances is not to be parallel'd in all the Earl of Straffords tyrannie And Mr Speaker let me freely tell you that unlesse this House do execute upon the present tyrannicall House of Lords or the mischievous law and libertie destroying Ring-leaders amongst them the Earl of Straffords punishment for what they have already done and for future take care to prevent their or any others exercise of the like arbitrary and tyrannicall power again I shall never justifie you for righteous and impartiall Judges or think that you have discharged your duty either to God or the Commonwealth who chose and trusted you to preserve their liberties and freedoms and punish those that destroy them The rest of my speech against the House of Lords Legislative power being already at large printed in the 14 15 16 17 pages of my answer of the 27 Feb. 1647. to Mr GUALTER FROSTS malicious and false declaration against me which I entituled A WHIP FOR THE PRESENT HOUSE OF LORDS OR THE LEVELLERS LEVELLED to which for brevities sake I refer the Reader and go on to the next thing in order being the main thing I intend as I upon the foresaid 19 day of January 1647. confidently and avowedly delivered it at the Bar of the House of Commons which is an impeachment of Treason against Cromwel c. profering againe and againe upon my life to prove it every tittle at their Bar which thus followeth And now Mr. Speaker I must acquaint you that there was occasion adminstred My charge against Cromwell and his Son Ireton to talke of Lieutenant General Cromwell and his late gross apostacy from patronising the peoples Liberties an Freedomes and here Sir it was declared with admiration and astonishment that Lieut Gen Cromwell who was once the glory of Englishmen in visibly appearing for Justice and Freedome both against the King the Earl of Manchester and the whole House of Peers c. and who had a principall hand in so many gallant Declarations of the Army in diverse of which freedome righteousnesse and Justice was published to the whole Kingdom most gloriously †As you may clearly read in the Armies Book of Declarations page 8. 17 23r 25 26. 32. 33. 35. 37. 39. 40. 41. 45 46. 52. 58. 61 62. 76 97. 101. 105. 110. 112. 118 119. 132. 137. 142. 144. 150. That this very Lieut. Gen. Cromwell whose name for honesty once rung and eccho'd throughout England should now apostate from his former declared gallantry and honesty and turne his back upon his owne solemne Declarations Remonstrances and Ingagements and persecute with bitternesse even to death and bonds righteousnesse truth and justice in all those in the Army he met with it in and now of late become a grand patron protector and earnest pleader for the preservation of all the grand corrupt and inslaving interests in England was a wonder and astonishment that he that had the gloriest praise and opportunity put into his hands that ever God put into the hands of an English man to do good unto his native Country and to settle the Laws Liberties and peace thereof in their lustre and glory should be courted out of all his principles protestations and engagements by a little selfish glitering worldly or corrupt honour and to convert his power and interest to the quite contrary to make us slaves and vassals was the admiration and wonder for all knowing observing and unbiased English men and the greatest mischief that ever befel the honest men of the Kingdome having divided them amongst themselves that formerly were one in their pursuing the firme establishment of the Common rights and freedomes of their native Country diverse honest men having his person in admiration either for advantage sake or former good services sake would not see their owne danger and misery nor willingly would suffer their friends and neighbours to see that fatal ruine and destruction that by his meanes and HIS ALONE was likely speedily to come upon them and the whole Nation by means of which we are so divided amongst
one white cloath in ever tenne * The Statute of 8 Eliz. Chap. 6. that the Merchant Patentee Monopolizers commonly called the Merchant Adventurers sends into the Low-Countries and Denmarke but now by reason that the chiefest of that Law Liberty and Trade-destroying Monopoly are Commissioners of the Custome-House which in justice equity and reason no Trading Merchants whatever never ought to be they are deprived of their right in that particular and crush'd in pieces with potency and great purses whereas in the time of so exceeding great decay of Trade it were more just and necessary to enable them to dresse the other nine to set their poor families at work many of which are ready to starve then to take one piece of the tenth Cloath from them Mr. Speaker All these things with many more that then were minded represented the miseries of this Kingdom very sad and great and made the present Speaker there conclude That if War did come amongst us of necessity Famine would follow and that would occasion all the poor people all over England to rise confusedly in hurly burly and to cut the throats of their rich neighbours to get their riches to buy them bread to keep them alive and whether or no they might not as soon fall upon us that they looked upon as Round-heads Independent Sectaries c. and so destroy us for our cordial and faithful adherence to the Parliament whom now the most of them looked upon as those that had brought all their evils and miseries upon them From all which considerations it was Mr. Speaker with earnestnesse pressed vigorously to promote this Petition all over the Kingdom as the onely means to heal and cure all our diseases and maladies the things therein contained being so just in themselves that none but those that desired to be absolute Tyrants could speak against them the obtaining of which would settle peace and quietnesse amongst us and so cause Trade again to flourish And Mr. Speaker to presse this nail home to the head I do confesse that I further added that if such a generall confusion as before is spoken of should arise it would then I was confident of it be greater security from the rage of the rude multitude to be known to be a vigorous prosecutor of this gallant just and righteous Petition that did as much concern their good as our own then to wear a blue Ribbon in our hats And truly Mr. Speaker I may now with my pen add this That blue Ribbons being Sir Thomas Fairfax his Colours who now with his Army are the grand and strong protection of all those that march under his Colours under which whosoever shall come may probably think to have safety yet I was of opinion and still am That publick knowledge of a vigorous and strong acting in so transcendent gallant and just a Petition as this is in the day of a feared universall storm in England will be of greater security and protection then to be one of Sir Thomas Fairfax his Army and to wear his Colours of blue Ribbons in his hat for the Kingdom generally look upon the Souldiers now as their oppressors and destroyers of their Laws Liberties and Properties but the promoters and procurers of the just things contained in this Petition cannot chuse but be looked on by them as the repairers of their breaches and the restorers of their Laws and Liberties Mr. Speaker When we were coming away there was one of the company said That he heard a rumour abroad as if the Lords had offered me a large sum of money so I would desist from prosecuting this large Petition he therefore desired me to give him a true account whether this report were true or no. Unto which I answered to this effect That it was not true but it was possible it might arise from the report of some Messages I lately had received from the Lord WHARTON And Mr. Speaker for that particular I told him to this effect That not long since there came a Gentleman of some quality and a man I look upon as an ingenuous man to my lodging in London and told me before two other Gentlemen friends of mine to this effect That my Lord Wharton remembred his respect unto me who he told me he was very confident was my very good friend and would willingly serve me and that he did beleeve cordially in any thing that lay within his power and who as he told me did very much consider my long suffering condition by reason of which he did beleeve money was not very plentifull with me and therefore he was come from him to let me know that he hath in readinesse a very considerable token for me which he would send me if he thought it would not be scorned but accepted in love and respect Unto which after a little pause I answered to this effect That I desired him to present my service to his Lordship and from mee to thank him for his civility and courtesie towards me But fâ—r me to receive his money I could not in the least do it because for me who professed ingenuity and abhorred ingratitude as a most dishonourable thing in any man whatsoever to receive his money it must needs to me become an obliging engagement and tie me one way or another to studie how to requite it which truly I told him to his Lordship as he was now a Patentee prerogative Lord and exercised a Legislative and arbitrary power by vertue thereof which I looked upon as altogether destructive to the very being of the Liberties and Freedoms of the Commons of England I could not in the least do it but was absolutely resolved to professe open War with his arbitrary Prerogative-Lordship as long as I had breath in my body and never to be reconciled unto it And therefore in short tell his Lordship from me that if I were in such great straits that I had not one penny in all the world nor knew not where to borrow it to buy me my Wife and Children bread to save us alive and if in this great strait his Lordship as he now is should send me ten thousand pounds in gold I would scorn to accept or let my fingers so much as touch one peece of it or that any that belonged to me with my consent should do it for me But I desired him to tell his Lordship from me that if he pleased to throw away his arbitrary tyrannical pattentee Lordly power which was and would be the ruine of this Kingdome and would put himself upon the affection of his Countrey to be chosen a Knight of a Shire as a well-deserving Englishman I should then honour him and be willing and ready to accept of the meanest token that he should send me though it were but Five shillings and judg my self obliged to serve him and should readily doe it yea in preserving his reall propriety in his great estate unviolably yea and the title of his Honour hereditary