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kingdom_n	good_a	people_n	time_n	1,769	5	3.1061	3	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88212	The legall fundamentall liberties of the people of England revived, asserted, and vindicated. Or, an epistle written the eighth day of June 1649, by Lieut. Colonel John Lilburn (arbitrary and aristocratical prisoner in the Tower of London) to Mr. William Lenthall Speaker to the remainder of those few knights, citizens, and burgesses that Col. Thomas Pride at his late purge thought convenient to leave sitting at Westminster ... who ... pretendedly stile themselves ... the Parliament of England, intrusted and authorised by the consent of all the people thereof, whose representatives by election ... they are; although they are never able to produce one bit of a law, or any piece of a commission to prove, that all the people of England, ... authorised Thomas Pride, ... to chuse them a Parliament, as indeed he hath de facto done by this pretended mock-Parliament: and therefore it cannot properly be called the nations or peoples Parliament, but Col. Pride's and his associates, whose really it is; who, although they have beheaded the King for a tyrant, yet walk in his oppressingest steps, if not worse and higher.	Lilburne, John, 1614?-1657.; Lenthall, William, 1591-1662.	1649 (1649)	Wing L2131; Thomason E560_14; ESTC P1297; ESTC R204531	104,077	84

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 he●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 t●●n their backs of God of a good conscience of righteousnesse and common hon●●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 acco●●●●● and subscribed with my own name and fifteen more of my Co●●●es i● behalf of our selves and all our friends that sent us which we also ●●●●●ately caused to be printed And their Agreement as th●●itle of it decl●●● 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 p●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 ho●●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 ●● opport●●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 A●●●e we knew the Armies swords were longer then ours and would by force ●● 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 d●ty in 〈◊〉 to authority and ow●ing the Parliament a● the Supr●m● 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 〈…〉 Anabapt●●●s at M●ns●er with JOHN of LEYDON and NEPERDULLION were never more conte●●●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 Trayt●rs can never be put in any seale of equ●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 t●●k upon my life to make good every particular of this I 〈◊〉 say to the G●●●●l's face For did any or all of them 〈◊〉 mentioned 〈…〉 against their Advancers Promotors and C●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 r●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 Co●●●●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 annihil●te and tread under their feet all their Laws Liberties Freedoms and Properties although they could cite against S●r●●ord the precedent of Tri●●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 ci●e also the preced●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 An●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 J●●to the supreme Authoritie I know the time not long since when that

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 i● 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 ●●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

shall m●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 st●nd and ●ave its ●ourse And ther●fore we shall apply our selves chiefly to such things ●● by having Parliaments setled in such a right constitution nay give most hope● of Justice and Right●ousnesse to flow down equally to all in that its Ancient ch●●nell without any overtures tending either to OVERTHROW that ●●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 ye● 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 du●ing life or pleasure in time may become corrupt or settle into parties or factions or on the otherside in case ●f new Elections those that should succeed may prove as bad or worse then the former We therefore humbly co●ceive that of two inconveniences the lesse being to be chosen the main thing to be intended in this case and beyond whi●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 ●●ngs during their respective termes or periods yet they shall not have the temptation of an ●●●imited power fixt in them during the●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 t●e people may have an equall hope or possibility if they have made an ●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 un●it and dangerous as ●o the peoples interest to be 〈◊〉 in the 〈…〉 the sa●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 sta●e any better then a mee● tyranny or the people subjected to it any better then vassals But in all States where there is any f●●● of common freedom and partic●larly in this State of England as it is most evid●●● 〈…〉 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 ●●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 certain●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 〈◊〉 ●●dangered and those we take to be the princip●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 th●●●●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 cha●●e the Constitution of Parliaments To which I answer Fi●st that those company of men at Westminster that g●●e Commission to the High Court of Justice to try and behead the King c. were ●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 o● 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 pre●●●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 o● 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 wi●●●●e Parliament especially at THO. PRIDES late Purge which I call and will 〈◊〉 to be an abs●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 th●● a 〈◊〉 upon my other a●●●unt then in hindering them from raising a new Warr and fro● destroying he peoples Liberties by their eternall sitting seeing they keep their power ●●●ger by fa● 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 agai●●● 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 i●power new Trustees Commissioners or Represento●s to make equall and just Lawes to bi●● all and provide for their future well-being there being

the universal are only b●rthened with a wooden one and therefore in this s●●rt is my judgment that that high Court of Justice was altogether unlawfull in case th●se that set it up had been an unquestionable representative of the people or a legall Parliament neither of which they are not in the least but as they have managed their business in opposing all their primitive declared just ends a pack of trayterous self seeking tyranical men usurpers of the name and power of a Parliament I say considering with my self some such things as these are I was something diligent at the beginning of their tryal to see and hear all yea and of●en converse● with th●mselve● but when I came to hear st●ut CAPEL make his defence for himself which was before he had any counsel assigned and so GALLANTLY and ac●utely to pl●ad the Law and demand the benefit of it which he did as acutely in my judgment as ever I did hear any ●● an in his own case in my life alledging fiftly the Statu●e of 25. Ed 3. chap. ● and cited the very word of those ● notable Statuts for his benefit of the 1 ●●n 4. chap. 10. and 11 Hen. 7. chap 1. the last of which indemnifies the Kings followers i● wars and also cited the first and second of P. and M. chap. 10. and pressed therefrom that ●ll treasons should be tryed by the ●●les of the common Law and not by ext●a●●din●ry ●ays and means according to the declared Laws in being citing the petition of right for the proof of that looking round about him and saying I am an English man and the Law is my inheritance and the benefit of the petition of right my birth right if so then saith he l●●king upon the president 〈◊〉 my Jury I see none of my Iury that is to pass upon me I demand the sight of ●● J●●y legally pannelled as my right by Law without the verdict o● whom I cannot in Law be c●●demned and when it w●s ●eply●d upon him by the pre●●dent that the members of the Court was the Jury he most g●●lan●ly and resolu●●ly answered to this effect I 〈◊〉 you will not deny me the bene●●● of the Law which you ●●etend you have sought this Seve● years to maintain I hope Sir You will not deny m● the benefit of the Declarations of those by whose power you sit And producing ●●e Declaration of the pretended House made the 9th F●br 1648 To maintain the Fundamentall LAVVES of the Nation he held i● forth and desired it to be read which was refused by the President telling him They knew it well enough Well then saith he Here 's a Declaration made but the other day whe●ein the Parliament declareth That they are fully resolved to maintain and shall and will up hold preserve and keep the Fundamental Lawes of this Nation for and concerning the preservation of the Lives Properties and Liberties of the People with all things incident thereunto with the alter●tions touching Kings and House of Lords already resolved in this present Parliament FOR THE GOOD OF THE PEOPLE And saith he It is one of the Fundamentall Liberties of the Subjects of this Kingdom to be tryed by JURIES and I hope you wil not deny me the benefit of the Parliaments Declaration and so break it as soon as it is made but all was to no purpose he must have no Jury but Councell if he would at the denyall of which unto him I confesse my heart was ready to s●●k within me and my spirit was inwardly fill'd full of fire at these wretched men whose now decla●ed de●ig●s was cleer to tread under their feet all the Liberties of England notwit●standing a●● their oathes and promises to the contrary and then in that ●●y in ●y own thoug●●s I cl●arly bid adieu unto all Englands glorious amongst men Lib●●ties and dea●-bought F●eedoms and much adoe had I in the open Court to containe my self f●om an a●●wed d●te●●ation of their A BOMINABLE WICKEDNES my hea●t was so full but being withdrawne I was something free in my discourse in all companies I came in but yet upon the principles of the Law and their own Declarations as being almost overwhel●ed to see what I then saw and severall discourses I had with the prisone●s and divers of my books and law pleas with Sir Iohn Maynards and the foure Impeached Aldermen I sent them and much pressed some of them to put their lives upon the hazard of a Plea and protestation against the Jurisdiction of the Court telling them if they dyed upon that score they would not only dy as lovers of the King their principall but also of their Country as brave Englishmen in the eyes of the people whereas if they stooped finally to their Jurisdiction they might easily perc●ive they were resolved to sacrifice them and if they so died they dyed upon a poor and begparly score ye● in a manner upon the deniall of their own principals but the Gentlemen having as ●o me appeared large promises of their lives upon conformity to the Jurisdiction of the ●ourt were meerly gull●d thereby of their lives and could scarce ever beleeve the should dye till the house of death came upon them And yet notwithstanding this some of them sent to me to desire me to be one of their Councell to plead for them in matter of Law unto whose friends I returned an Ans●er to this eff●ct That I could not be ●o unworthy in my own esti●ation as to plead any plea they could plead for a justifi●ation of their ●ctions though I conf●ssed there were much in Law to be said for them ●f e●●ally as the case stood with them unlesse it were a plea and protestation against their Jurisdict●on and so procrastina 〈◊〉 tryall if it were a possible till a new Parliament upon whi●h plea I ●ould willingly have ve●tred my heart blood for th●m because my int●r●st and the inter●st of all the free and honest men in En●l●nd was as much concerned in that fa●●ll president of that abhominable and wicked Court a● C●pell or Hambleto●s life c. was but they would not venter there and so I declined them And when HOLLAND came to it a Lady and some other of his friends came to me to my house about hi● but I was still upon the same string yet sent him word of severall particulars in reference to my Tryall and arr●igament at Oxford that was very materiall to his present cause and if he would call me in the open Court as a Witnesse he should s●e I would speak my minde freely and effectually although I smarted for so doing and he appointed a day to call me whereupon I went into the Court and conveyed w●rd to him I was there but whether his heart failed him or no I know not but he never called me so when I understood they were all in the way of condemnation I took the thid part of Cooks Institutes under my arme to the house doore and made

Property introduce Democracy and Parity and leave nether King nor Gentlemen and so the people will too late discover all this to their costs that they have undone themselves with too much discretion and obtained nothing by their compliance with you and adherence to you but to be destroyed last 1 part Book Declar. pag. 284 285 298 316 320 334 378 514 515 520 521 530 539 543 550 558. 2 Part pag. 100 102 112 113 117. In answer unto all which to disprove what he saith and keep up your rereputations amongst the people for a company of honest men that really sought their good and always intended to be as good as their words promises and engagements in your declarations of the 19 of May 1642. 1 Part Book Decl. Pag 207. you repeat your votes against which the King excepts the weight of which lieth in these words That the Kingdom hath been of late and still is in so eminent danger both from enemies abroad and a popish discontented party at home that there is an urgent and an inevitable necessity for puting the Kingdom into a posture of defence for the safegard thereof and that in this case of extreme danger and his Majesties refusall the Ordinance of Parliament agreed upon by both Houses for the Militia doth oblige the people and ought to be obeyed by the fundamentall Lawes of this Kingdom By all which say you it doth appear That there is no colour of this tax that we go about to introduce a new Law much less to exercise an Arbitrary power but indeed to prevent it for this Law say you is as old as the Kingdom That the Kingdom must not be without a means to preserve it self● and in the conclusion of the same Decl. Pag. 214. speaking of the many difficulties you grapple with the many hazards you undergo in your places you conclude thus yet we doubt not but we shall overcome all this at last if the people suffer not themselves to be deluded with falfe and specious shewes and so drawn to betray us to their own undoing who have ever been willing to hazard the undoing of our selves that they might not be betrayed by our neglect of the trust reposed in us but if it were possible the Kings party should prevail herein yet say you we would not fall through Gods grace still to persist in our duties and to look beyond our own lives estates and advantages as those who think nothing worth the enjoying without the libertie peace and fafety of the Kingdom nor any thing too good to be hazarded in discharge of our consciences for the obtaining of it and shall always repose our selves upon the protection of the Almighty which we are confident shall never be wanting to us while we seek his glory And in your Declaration of the 26 of May 1642 which is an answer to the Kings Declaration of the 4 of May a out the business of Hull in the 1 Part Decl. pag. 263. speaking of the new engine of the Malignant party about the King to beget and increase distrust and disaffection between the King the Parliament and the People We cannot say you be so much wanting to our own innocency or to the duty of our trust as not to clear our selves from those false aspersions and which is our chiefest care to disabuse the peoples minds and open their eyes that under the false shews and pretexts of the Laws of the Land frequently interwoven in his Majesties foresaid Declaration and of their own Rights and Liberties they may not be carried into the road-way that leadeth to the utter ruine and subversion thereof and to destroy them both with their own hands by taking their Lives Liberties and Estates out of their hands whom they have chosen and entrusted therewith and resigning them up unto some evil Counsellors about his Majestie who can lay no other foundation of their own greatness but upon the ruine of this Parliament and in it of all other Parliaments and in them of the freedom of this Nation And these are the men that would perswade the people that both Houses of Parliament containing all the Peers representing all the Commons of England would destroy the Lawes of the Land and Liberties of the People wherein besides the trust of the whole they themselves in their own particulars have so great an interest of honour and estate that we hope it will gain little credit with any that have the least use of reason that such as must have so great a share in the misery should take so much paines in the procuring thereof and spend so much time and run so many hazards to make themselves slaves and to destroy the property of their estates But remarkable are your words in the same Declaration pag. 267. where you say You have given no occasion to his Majestie to declare his resolution with so much earnestness that he will not suffer either or both Houses by their votes without or against his consent to injoyn any thing that is forbidden by the Law or to forbid any thing that is injoyned by the Law for our votes say you have done no such thing and as we shall be very tender of the Law which we acknowledg to be the safegard and custody of all publick and private interests c. And in the same declaration having argued it soundly against the King for the calumniations and aspersions call upon you as you are pleased to call them in p. 270. you have these words All this considered we cannot but wonder that the contrivers of the aforesaid message should conceive the people of this land to be so void of common-sence as to enter into so deep a mistrust of those that they have and his Majestie ought to repose so great a trust in as to dispair of any security in their private estates by dissents purchases assurances or conveyances unless his Majestie should by his vote prevent the prejudice they might receive therein by the votes of both Houses of Parliament as if they who are especially chosen and intrusted for that purpose and who themselves must needs have so great a share in all grievances of the Subject had wholy cast off the care of the Subjects good and his Majestie had soly taken it up And in your most notablest of Declarations made about Agust 1642. 1 Part Book Decl. pag. 491. wherein you indeavour to give an account to the world of the justice of your proceedings in being necessitated to take up armes against his Majesty who you say was then in armes against you and the Kingdom for the suppression of the Lawes and Liberties thereof which you say every honest man is bound to defend especially those that have taken the late Protestation in which Declaration you declare that the long designe which hath been carried on to alter the frame and constitution of the Government of the Kingdom from Law and Liberty to slavery and vassaladge is now come to ripeness there you

go on to declare an Epitome of the Kings dealings with the Kingdom before this Parliament in which time you say the Lawes were no defence nor protection of any mans right all was subject to will and power which imposed what payment they thought fit to drain the Subjects purse of and supply those necessities which ill councels had brought upon the King or gratifie such as were instruments in promoting those illegall and oppresive courses They who yeelded and complyed were countenanced and advanced all others disgraced and kept under that so mens mindes made poor and base and their Liberties lost and gone they might be ready to let go their Religion whensoever they should be resolved to alter it and then ennumerate divers strange actions of his done to the Kingdom since this Parliament and in pag. 494. you declare that after his ill councel had got him from the Parliament then they doc work upon him and upon the Queen and perswade her to retire out of the Kingdom and carry him further and further from the Parliament and so possess him with a hatred of it that they cannot put words bitter enough into his mouth to express upon all occasions they make him cross oppose and envy upon all the proceedings of Parliament incourage and protect all those that will affront it take away all power and authority from it to make it contemptible and of less esteem then the meanest Court draw away the members commanding them to come to him to York and insteed of discharging their duty in the service of the Parliament to contribute their advice and assistance to the destruction of it indeavouring an arbitrary Government a thing say you which every honest Morall man abhors much more the Wisdom Justice and Piety of the two Houses of Parliament and in truth such a charge as no rational man can beleeve is it being unpossible so many several persons at the Houses of Parliament consist of about 600 and in either House all of equall power should all of them or at least the major part agree in Acts of will and Tyranny which makes up an arbitrary Government and most improbable that the Nobility and chief Gentry of this Kingdom should conspire to take away the Law by which they injoy their estates are protected from any act of violence and power and differenced from the meanest sort of people with whom otherwise they would be but fellow servants so having given an answer to his charges laid upon you in pag. 496. you vehemently pre●●e the people to come in to the help of the Parliament against the Kings forces And save themselves their Laws and Liberties and though both they and we say you must perish yet have we discharged our consciences and delivered our soules and will look for a reward in heaven should we be so ill required upon earth as to be deserted by the people whom in the next page you tell nothing will satisfie the King and those evill men with him but the destruction of this Parliament and to be Masters of Religion and Liberties to make us Slaves and alter the Government of this Kindom and reduce it to the condition of some other Countryes which are not governed by Parliaments and so by Laws but by the will of the Prince or rather of those who are about him And thersore in the zeal of your Spirits you declare your resolved resolutions to continue firme to maintain the Laws and Liberties of your Country according to your duty saying Woe be to us if we do it not at least doe our utmost endeavours for the discharge of our duties and the saving of our souls and leave the successe to God Almighty and you conclude with these words and therefore we do here require all who have any sence of piety honour or compession to help 2 distressed State and to come in to our aid and assistance And in your reply to the Kings Answer of yours of 26 May 1642. 1 par Book Declar. pag. 693. you declare with indignation your abhorrance of the Kings charging you by your votes to dispose of the peoples lives liberties and estates 〈◊〉 to the Law of the Land throw back the Charge upon himself and those that are about him And in the next page you say thus and for that concerning our inclination to be slaves it is affirmed that his Majestie said nothing that might imply any such inclination in us but sure what ever be ovr inclination slavery would be our condition if we should go aboue to overthrow the Laws of the Land and the propritey of every mans estate and the liberty of his person for therein we must needs be as much Patients as Agents and must every one in his turn suffer our selves what ever we should impose upon others as in nothing we have laid upon other we haue ever refused to do or suffer our selves and that in a high proportion And then when you come in the next page to speake of the Kings charging of you that you afect to be Tyrants because you will admit no rule to Govern by but your own wills yea worse then those thirty most perfect Tyrants of Athens spoken of by Sir Walter Rawley in his third Book of the History of the world Chap. Sect. 2. you abhor the charge with the height of detestation and therefore in the next page unto it being page 696 you say We do still acknowledg that it were a very great crime in us if we had or should do any thing whereby the title and interest of all the Subjects to their lands were destroyed which I say of necessitie must be if they be deprived of the benefit of the Law which is all I crave at your hands and which I hope you will not deny me especially considering in your Declaration of the 10 of June 1642 1 par Book Decla pag. 342 for bringing in mony and plate you positively declare that whatsoever is brought in shall not at all be imployed about any other occasion then to the purposes aforesaid which amongst others are principally for destroying Tyranny maintaining of Liberty and Propriety the free Course of Justice according to the known Laws of the Land but Propriety cannot be maintained if Liberty be destroyed for the Liberty of my Person is more neerer to me then my Propriety or goods and he that contrary to Law and Justice robs or deprives me of the Liberty of my Person the nighest to me may much more by the some reason rob and deprive me at his will and pleasure of my goods and estate the further of from me and so Propriety is overthrowne and destroyed and this if done avowedly by you is distructive to your honours and engagements yea in an absolute violation of all your Oaths and Promises whereby you will be rendred by your own actions in the eyes of the people that trusted you the basest and worst of men fit for nothing but desertion opposition and

distruction Again how can Law be maintained when the free execution of Justice in the ordinary course thereof shall be hindered by you which you in your Declaration 23 of October 1642. 1 par Book Declar pag. 656 call the soule and life of all-Laws which ordinary course of Jestice you in your first Remonstrance page 7 call the common birth-right of the Subject of England And therefore 1 par Book Decl. pag. 660 you own it as your duty to use the best of your endeavours that the meanest of the Commonalty may enjoy their own birth-right freedom and liberty of the Lawes of the Land being equally intitled thereunto with the greatest subject and if so how can you in justice and honour or conscience deprive and ebereave me of my birth right the benefit of the Law of the Land in the ordinary course of Justice in the Judicatures thereof who have done no actrons either by Sea or Land but what doth become an honest true-bred Englishman and constantly in the midst of many deaths maintaining the Laws i and Liberties of my Native Country which actions are consonant to the Authority of Parliament and for the service and benefit thereof and therfore I ought not to be molested and troubled therefore especially by you who in your Declarations in the case of the Five Members declare 1 par Boo. Decl. pa. 39. you are very sensible that it equally imports you aswell to see Justice done against them that are criminous as to defend the just rights and Liberties of the Subjects and Parliament of England but if you shall stop my proceedings at Common Law against Master Wollaston the Jaylour of Newgate for keeping me there against Law by the Lords Order You are so far from punishing the criminous that you justifie the wicked and condemn the righteous break all your Oaths Protestations and Covenants that you have taken to maintain the Laws and Liberties of the Kingdom and dissolve the whole frame and constitution of the Civill Policy and Government of this Kingdom into the originall Law of Nature which crime you taxe the King with 1 par Book Decl. pag. 690. yea and thereby become destructive to the being of the Common-wealth and the safety of the people the preservation of which is the chief end of the Law the institution of all Government as you declare in your Declarations of the 6 of May 1643 17 April 1647. 2 part Book Decla fol. 95. 879. For the Illustration of which I desire to observe this Method First I averre that the House of Lords have not the Least Jurisdiction in the world over me in the case in controversie betwixt us and I am ready upon my life to make this good by the Laws of the Kingdom against all the Judges and Lawyers in England but I conceive I have already so fully done it in my three pleas against the Lords that they are unanswerable viz. First in my Plea before the Committee of the House of Commons where Master Henry Martin had the Chaire 6 Novemb. 1646. And Secondly in my Plea the 20 of October 1647. before another Committee of the House of Commons where M. Iohn Maynard had the Chaire And Thirdly in my Plea before the Judges of the Kings Bench the 8 of May 1648. all three of which I desire to communicate unto your consideration And if the Lords by Law have no originall Jurisdiction over me then no power to summon me nor no power to try me nor commit me Wherefore M. Wollaston by Law ought to have refused to have received my body or detained it in prison by vertue of their illegall warrant which being both illegall in the power that made it in the forme of drawing it up he is liable to make me satisfaction in Law for executing it which at present I illustrate out of your own Declarations which are the most unanswerable arguments against you that I can use Acts 17 26. Titus 1. 12. And first in your Declaration of the 17 of January 1641. 1 par Book Decl. pag. 38. 39. where speaking of the Five Members you say his Majestic did issue forth severall warrants to divers Officers under his own hand for the apprehension of the persons of the said Members which by Law he cannot do there being not all this time any legall charge or accusation or due processe of Law issued against them or any pretence of charge made known to the House of Commons all which are against the Fundamentall Liberties of the Subjects and the Rights of Parliament Whereupon we are necessitited according to our duty to declare That if any person shall arrest M. Ho●●● Sir Arthur Haslerig Master Pym Master Hamden Master Strode or any of them or any Member of Parliament by pretence or colour of any warrant issuing out from the King onely is guilty of the breach of the Liberty of the Subject and of the Priviledges of Parliament and a publick enemy to the Common-wealth and that the arresting of the said Members or any of them or any Members of Parliament by any Warrant whatsoever without a legall proceeding against them and without consent of that House whereof such a person is a Member is against the Libertie of the Subject and a breach of Priviledge of Parliament and the person which shall arrest any of these persons or any other Member of the Parliament is declared a publick enemy of the Common-wealth Yea and upon the 15 of January 1641 you voted and ordered a Charge to be brought in against Mr. Atturney General Herbert to require of him satisfaction for his great injury and scandal that particularly be had done to the said Mr. Hollis c. and generally to the publick Justice of the Kingdom in so illegally accusing the foresaid five Gentlemen without due processe of Law as appears in your first part Book Declarat pag. 53. And therefore in your Petition of the 2 Feb. 1641. 1 part Book Decl. 67. you rel the King It is your duty to tell him of the injustice done unto the five Members for impeaching them without due processe of Law and to require reparations for them And therefore in your second Petition of the same month 1 par Book Decl. pag. 76. 77. you tell the King again notwithstanding all your importunity the said five Members and the Lord Kimbolton still lie under that heavie charge of Treason to the exceeding prejudice not onely of themselves but also of the whole Parliament And whereas by the expresse Laws and Statutes of this Realm that is to say by two Acts of Parliament the one made in the 37 and the other in the 38 year of the reign of your most noble Progenitor King Edward the 3 it s said If any person whatsoever make suggestion to the King himself of any souls committed by another the same person might to be sent with the suggestion before the Chancellor or Keeper of the great Seal Treasurer and the great Councel there to finde

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 ●● 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 conserva●●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

King as an evill man in his actions and divers of his party as bad but the Army had couzened ●● the last year and fallen from all their Promises and Declarations and therefore could not rationally any more be trusted by us without good cautions and security In which regard although we should judge the King as arrant a Tyrant as they supposed him or could imagine him to be and the Parliament as bad as they could make them yet there being no other balancing power in the Kingdome against the Army but the King and Parliament it was our interest to keep up one Tyrant to balance another till we certainly knew what that Tyrant that pretended f●irest would give us as our Freedoms that so we might have something to rest upon and not suffer the Army so much as in us lay to deceive all the Government of the Kingdom into their 〈◊〉 and 〈◊〉 which were two things we nor no rationall man 〈◊〉 and leave no persons nor power to be a counter ballance against them And if ●● should do this out slavery for future I told them might probably be gro●n that ever it was in the Kings time and so our last errour would be greater then our first and therefore I pressed very hard for an Agreement amongst the People first utterly disclaiming the thoughts of the other ill this was done And this I told them was not onely my opinion but I beleeue it to be the unanim●m opinion of all my friends with whom I most constantly conversed At which the Gentlemen Independents were some of them most desperately cholerick But my opinion being back'd with the Speeches of some 〈◊〉 of my Friends we came calmly to chuse out four and four of a side to 〈◊〉 and conclude of some Heads towards the accomplishment of an Agreement of the People and as I remember their four were Colonel 〈◊〉 Col. White Dr Parker and Jo. Price and our four were M. William Walwyn Li●●●●nant-Col Wetton M. John Wildman and my Self But John Price seat some of the company to tell us after we were parted and some of us drinkings ●● of wine below he would not make one if Mr Walwyn was one for he had a prejudice against him Unto which I replyed M. Walwyn had were 〈◊〉 and integrity in his little finger then John Price had in all his body and therefore No meeting for me seeing John Price was so base unlesse Mr VValwyn ●as one though we had but two of a side but the businesse being much debated and expostulated Mr. VValwin and John Price both for peace sake were at present laid aside and according to appointment as I remember all the other six met the fifteenth of Novemb. 1648 being Wednesday at the fore-mentioned Nage head and there after some debate unanimously agreed in these words viz. That in our conceptions the onely way of So●●ment is 1. That some persons be chosen by the Army to represent the whole Body Act that the well affected in every County if it may be chuse some persons to repress●● them And those to meet at the Head-Quarters 2. That those persons ought not to exercise any Legislative power but only to 〈◊〉 up the foundations of a just Government and to propound them to the well-official people in every County to be agreed to Which Agreement ought to be about Law and therefore the bounds limits and extent of the people's Legislative Deputies in Parliamens contained in the Agreement to be drawn up into a formall contract to be Mutually signed by the well-affected people and their said Deputies upon the days of their Election respectively 3. To prevent present confusion the Parliament if it be possible may not be by force immediately dissolved but that the day of its dissolution be inserted in that Agreement by vertue whereof it shall be dissolved 4. That this way of Settlement if it may be should be mentioned in the Arm●'s first Remonstrance 5. That the matter of the Petition of Septemb. 11. be the matter to be setled Which Agreement of ours as I remember was immediately some away to the Head Quarters at St. Alban's by Mr Hila●● of Southwark where to it was afterwards told us it was very well accepted and approved of by the great ones there whose high and 〈◊〉 Declarations 〈◊〉 by 〈◊〉 Windsor when he pretended to lay down his Commission against the King coming to our view we made divers objections against many passages in it but especially at divers lashes that excitely at the beginning of is 〈…〉 us which we told some of their friends could not be put in with a spirit of peace towards us or intention of good to the Nation in those good things we desired and propounded for it But it was with many fair expressions salved up by them upon which we judged it requisite for some of us to go to Windsor to speak with Mr 〈◊〉 the S●●●-man himself and accordingly as I remember Lieut. Colonel VVeiton Mr Petty Mr VVildman and my Self met there and having drawn up our thoughts in writing we communi●ted them to Col. Tychburn Col. VVhite M. Moyer and divers others of the Independent Party who went with us to the Governours house where we met with Mr Peters the grand Journey-●● Ha●kney-man of the Army and after we had acquainted him with out windes we delivered him a copy of our Paper containing distinctly the Heads of what we desired and intreated him to deliver them to Commissary Ireton with whom we desired to discourse about them who sent us word at such an hour be would come to our Ion at the Garter to speak with us about them and accordingly he did accompanied with a whole Train of Officers and a large and sharp discourse we had our principall difference lying at his desire in the too strict restraining liberty of conscience and in keeping a power in the Parliament to punish where no visible Law is transgressed the unreasonablenesse of which was much spoken against by divers of the principall Officers with him but especially by Col. Harrison who was then extreme air and gilded And so little satisfaction had we at that meeting from Ireton the Army 's Alpha and Omega that we despaired of any good from them and were in a manner resolved to come away in haste to London and acquaint our friends with our conceptions and so improve our Interests forcibly as much at we could to oppose their sounded designes But Colonel Harrison coming to us again it ten a clock according to our desire we had a private and large discourse with him and fully and effectually acquainted him with the most desperate mischie vousnesse of their attempting to do these things without giving some good security to the Nation for the future settlement of their Liberties and Freedoms especially in frequent free and successive Representatives according to their many Promises Oathes Covenants and Declarations or else is soon as they had performed their intentions to destroy the