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A88195 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 ... or upon the principles of Parliaments ancient proceedings, or upon the principles of reason ... before a legal magistracy, when there shal be one again in England ... 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; ... 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 which is also the authors late proposition sent to Mr Holland, June 26. 1649. to justifie and make good at his utmost hazard ... his late actions or writings in any or all his books. Lilburne, John, 1614?-1657. 1649 (1649) Wing L2116; Thomason E568_20; ESTC R204522 95,549 77

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Speaker I shall draw towards a conclusion but being that which followed is printed at large in the 17 18 19 20 22 c. pages of the forementioned Book Calleda Whip for the present House of Lords I for brevities sake shall here passe it over and refer the Reader if he pleases to the perusing of it there where also he will find I was like to be murthered at the House door by their Guard because I would not go to prison but by vertue of a Warrant made according to that forme the law requires all Mittimusses to be but being overpoured with drawn Swords and bent Muskets I was forced to the Tower as a pretended Traytor And therefore to record to posterity the desp●rate and inveterate malice and hatred of Cromwel and his associats against the Liberties and freedoms of England who to the breadth of an haire are like those wicked men in Christs time unto whom in Mat. 23 13. he thus speaketh But wo unto Scribes and Pharisees Hypocrites for ye shut up the Kingdom of Heaven against men for ye neither goe in you selves neither suffer ye them that are entring to go in Even so traiterous bloody and ambitious Cromwell and his wicked associats wil neither do good themselves in settling the Liberties of England nor suffer those that would to doe it therefore woe unto them hypocrites and painted Sepulchers who for all their fair pretences hate the Liberties of England more then they do the Devil and rather then the people shall enjoy any real good for all the cost and hazards in seaven yeares wars for their Liberties and Freedoms and so rid themselves of their Lordly and tyrannicall yoaks they wil shake Kingdoms and Nations and hazard all yea their own lives by dint of Sword in new and bloody Wars rather then the people shall enjoy their Liberties or those without an imprisonment for Traytors that fairely and justly prosecute them the last war in this Nation and all the innocent blood shed therein lying principally upon Cromwel and Iretons s●●re for breaking all their faith promises and engagements made unto the Kingdom for their glorious s●tling of their Liberties which they not only failed in but begun to set up a selfish and Tyrannicall Interest of their own and persecuted unto death and bonds the zealous sticklers for the peoples welfare liberties and freedoms which begot heart burnings and divisions and thereby put the people into fury and madnesse which brought in an inundation of bloudshed For the demonstrating this in part take here A Copy of the Petition for promoting of which M. Iohn Wildman and I were imprisoned a matter of seven months as Traytors which thus followeth To the Supream Authority of England the Commons assembled in PARLIAMENT The earnest Petition of many Free-people of this Nation SHEWETH THat the devouring fire of the Lords wrath hath burnt in the Bowels of this miserable Nation untill it s almost consumed That upon a due search into the causes of Gods heavie judgements we find a) a) Ezek. 24.6.8.9.10 Amos 5 9 10 11 12. Mic. 2.2 3. 3.3.4 9 10 11 12. Nahum 3 1.2.19 Hab. 1.3.4 6. 2.8.11 12 17. Joe 3.6 7 8. that injustice and oppression have been the common Nationall sinnes for which the Lord hath threatned woes confusions and desolations unto any people or nation Wo saith God unto the oppressing City Zeph. 3.1 That when the King had opened the (b) (b) by Ship-mony Loane-mony Coat conduct mony Patents Monopolies c. Flood-gates of injustice and oppression (c) (c) See the Remonstrance of the State of the Kingdom Decem 1641. p. 5 6 7 8 9 10 11 14 15 upon the people and yet peremptorily declared that the People who trusted him for their good could not in or by their Parliament require any account of the discharge of his trust and when by a pretended negative voice (d) (d) See the Kings Answer to the Petition of Right and also the Parlia Remon of May 19. 1642. 1 part Book Dec. pag. 254 284 285. See the Kings Answer to the Par. Dec. of May 26. 1642. p. 298. to Laws he would not suffer the strength of the Kingdom the Militia to be so disposed of that oppression might be safely remedied and oppressours brough to condigne punishment but raised (e) (e) See the Ord. for Militia 1641. 1 Book Dec. p. 89. 105. 106. 114 126. 175 176. 182. 243. 283 292. a War (f) (f) See the Par. Votes May 20. 1642. 1 part Book Dec. 259 See also p. 465. 509 576. 580. 584. 617 618. to protect the Subverters of our Laws and Liberties and maintain Himself to be subject to no accompt even to such opp●essions and pursuing after an oppressive power the Judge o● the earth with whom the Throne of iniquity can have no fellowship hath brough him low and executed fierce wrath upon many of his adherents That God expects justice from those before whose eyes he hath destroyed an unjust generation Zeph. 3 6 7. and without doing justly and relieving the oppressed God abhor fastings and prayers and accounts himselfe mocked Pro. 15.8 Isa 10 11 12 13 14 15 16 17. 29.13 14. 58.41 5 6 7. 66.2 3. Jer. 6.19 20. 7 9 10 11 14. Amos 5.6 7.15.21 22 23. Mich. 6.6 7 8. That our eyes fall with looking to see the foundations of our Freedome and peace secured by this Honorable H●●●e and yet we are made to depend upon the Will of the King and the Lords which were never chosen or betrusted by the People to redresse their grievances And this Honorable House which formerly declared that they were the Representatives of all England and be trusted with our estates liberties and lives 1 part Book of Decla 264. 382. do now declare by their practice that they will not redresse our grievances and settle our freedoms unlesse the King and the Lords will That in case you should thus proceed Parliaments will be rendred wholy uselesse to the People and their happinesse left to depend solely upon the will of the King and such as he by his Pa●ents creat● Lords and so the invaluable price of all the precious English bloud spilt in the defence of our freedoms against the King shall be imbezelled or lost and certainly God the avenger of bloud wil require it of the obstructors of justice and freedom Judges 9 23. That though our Petitions have been burned and our persons imprisoned reviled abused only for petitioning yet we cannot despair absolutely of all bowels of Compassion in this Honorable House to an enslaved perishing people We will nourish some hopes that you will at last consider our Estates are expended the whole trade of the Nation decayed thousands of families impoverished and mercilesse Famine is entring into our gates and therefore we cannot but once more essay to pierce your ears with our dolefull cries for Justice and Freedom before your delays wholy consume
of the people would joyne in the Petition and act to save themselves with vigour and strength there might then be some encouragement for us once againe to joyne in acting with them but for any thing could be perceived the generality of the people were as willing to be slaves as any were to have them so and having been so often jaded had set down with a kind of a resolution to stir no more come what would come therefore we being but a small number to the whole our striving in this case was but to sow the wind Unto which Mr Speaker it was answered much to this effect That the great end wherefore God sent man into the world was that he should do good in his generation and thereby glorifie God in his generation and it is said of Christ that he made it his worke to go up and down to do good unto all that he could meet with and therein he was declared to be like unto his Father the immitating of which he had required of al of us that should do good to all men and how did we imitate him in this if our friends our Country-men our brethren were ready to perish and in their sottishnesse were ready to be destroyed and God had opened our eyes to see it and yet we would not do the best we could to save and preserve them though they were unwilling to save and preserve themselves Nay Mr Speaker it was there further pressed that to sit stil in such a universall perishing case as this is was so far below a Christian that it was beneath and below the very light of nature and selfe-preservation that was evinced after this manner as I am an individual I am a part of the whole Nation and if it perish in the eye of reason I and mine must perish with it But the whole Nation is in danger of an universal destruction by oppression injustice and decay of Trade which would speedily bring famine and that would bring all manner of confusion by the poor peoples rising up to cut the throats of the rich-men to get their estates and monies to buy them bread and to preserve nature and in this horrible confusion we should be a prey to every forraigne enemy that would first invade us and if such a thing should happen we must become an Aceldoma a desolation a wildernesse a field of bloud And I clearly see all this before my eies and yet I wil sit stil and do nothing towards the publique safety in which I am transcendently concerned and involved because the far greater part of my neighbours sit down in silence and are like sots resolved or ready to perish in their sottishnesses and I must perish with them am I not guilty of mine owne ruine and destruction if when I see it before me and sottishly sit downe and use not my uttermost indeavours to preserve the whole in the preservation of which I am preserved because the rest of my neighbours and friends wil not joyne with me to do it Nay Mr. Speaker it was further pressed that in such a case as this is which is now the case of the Kingdome I am bound and tied in conscience and duty to my selfe with vigour and strength to act although my neigbour refuseth salvation or preservation by me and commands me not to save him And it was further illustrated in this manner my neighbours House is on fire and I clearly see if it be not quenched mine is likely to be burned by it whereupon I go to my neighbour and proffer him my helpe to quench it and he being it may be in a fright a fullennesse a sottishnesse a mase a distemper or a revengefull maliciousnesse refuseth my help yea and commands me not to helpe him but threatens me if I doe yet notwithstanding all this I am bound in duty to selfe and universall preservation to help to do it whether he wil or no yea to pull down his house to help to quench the fire to keep my owne and my neighbours from being burnt whereas if none of this were but that his house were standing and in no such danger for me then against his wil and mind to set my foot over his threshold I am a transgressor and an incroacher upon my nighbours rights and properties In the second place Mr Speaker it was answered That in case my neighbour were a drowning of himself and I see it I were bound by the Law of God and Nature whether he would or no to save him nay but much more if in his drowning I were likely to be drowned with him were I bound to save him if I can although he laid a thousand commands upon me to the contrary And hereabouts as I remember it was further objected That the people all over the Kingdom were generally very ignorant and malignant and hated the Parliament and us whom they called Roundheads Independents c. for our cordiall adhering to them under whom they groan under greater oppressions and burthens then before the Parliament and for all their expences and fightings were never a bit the freer either at present or in future grounded hopes and therfore for us that were for the foresaid reason so faithfull to the generality of the people to act in this petition they would but contemn it for our sakes and be provoked to rise up against us Unto which Mr Speaker my self c. answered to this effect The people are generally malignant and more for the King then the Parliament but what 's the reason but because their burthens are greater now then before and are likely to continue without any redresse or any visible valuable consideration holden out unto them for all the bloud and treasure they had spent for their liberties and freedoms and the reason why they were so ignorant and did so little inquire after their liberties and freedom was Mr Speaker because that though the Parliament had declared in generall that they engaged to fight for their liberties yet they never particularly told them what they were nor never distinctly held forth the glory and splendour of them to make them in love with them and to study how to preserve them and for want of a clear declaring what was the particulars of the Kings Rights and the nature of his office and what was the Parliaments particular priviledges power and duty to the people of the Kingdom that chused and trusted them and what particularly was the peoples rights and freedoms they were hereby left in blindnesse and ignorance and by reason of their oppressions because they knew no better doted implicitly upon the King as the fountain of peace justice and righteousnesse without whom nothing that was good could have a being in this Kingdom So I told them Mr Speaker it was no marvail that the poor people in this particular were in FOGS MISTS WILDERNESSES AND DARKNESSE considering that this House in their Declarations had so plaid at fast and loose
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
could not continue their pride and tyrannicall domination over their Souldiers and the rest of the people of the Kingdom and absolutely I conceive their interest to be war But it was our interest and the generality of the people of the Kingdom to prevent wars if it were possible But if we must engage in war again it was our interest and wisdom so to engage if it were possible as that meerly as English men we might be unanimous in our engagements either against the Scots or any other interests whatsoever that would rob us of our English liberties and freedoms And Mr Speaker I told them both these things were contained in the Petition For First if those things were granted unto us that were desired in the Petition it was impossible for us to conceive of any thing else the want of which is worth the going to war for And if the Petition were vigorously promoted and pursued to the House without all controversy it hath such excellent things in it so good in themselves for all sorts and kinds of English men that if the House and the people should be united in those gallant just and rationall things the generall heart-burnings of the Kingdom would be alaied and confidence in love and respect to each other would be raised up amongst us and our union of hearts thereby each to other as Englishmen would be as a wall of brasse for securing the common interest of our Nation So that neither Scotchman nor any forraign power in Europe durst to invade us so that in the vigorous prosecuting of this Petition union and love would be increased and war prevented thereby whereas nothing in the world will occasion wars so much as our dis-union and heart-burnings each at other which is impossible ever to be alaied but either by the active prosecuting of this Petition or something like it that so something that is good for all men as English-men might be setled But in the second place if we could not be so speedy in the prosecution of this Petition so as to get those universall good and just things therein contained setled before the Scots begun to Invade us yet if upon their march we should enjoy the possession of them it would make the generality of English-men stand together as one man and all of them in the spirit and with the principles of English-men oppose them so that the War if it must be would be carried on with that vigor and strength that it were impossible for all the power in Scotland if they did the worst they could to destroy our Nation Whereas now in our divided condition they will be sure if they come in to make a prey of us for in their comming in they declare for the King's Interest which absolutely unites and knits their owne Kingdom as one man against us and glues unto them in England all the Kings party and of necessity the Presbyters must joyne with their Masters of the Covenant and risings there will be of necessity and without all peradventure all over the Kingdome and if the Army be united within themselves as it is a very great question whether they be or no and were able to deale and grabble with all that opposition it is like to meet with from those severall parties and interests that here are like to rise up against it yet truely Mr Speaker though I do not like the late apostatized actions of the great men in the Army I do as little like the Scotch high flown expressions to instate the King absolutely into the Militia as His right and His absolute Negative Voice And indeed Mr Speaker it sounds not wel nor justly in my eares for the Scots who are and will be free men at home and will neither as I am told allow the King the exercise of the Militia in their Kingdome nor His Negative Voice no nor yet the benefit of His Revenue that they should notwithstanding all this go about to make us all slaves by fettering us with His mischievous Negative Voice and His absolute exercise of our Militia which seemes to me to be nothing lesse then a desire to pick a quarrell with us that so Mr Speaker they might come in againe for some more of our guids therefore Mr Speaker I cry out for union and peace upon just principles For the very beginnings of War againe amongst us would presently destroy that little Trade that is left and then undoubtedly comes in famine which is already at our very doores for Mr Speaker they were told a story to this effect That some Wilke-shire Cloathiers comming to the Sarazens head in Friday-street had for a truth reported to the Master of the house that Trading was already so decayed in their Country that that Cloathier that used to set an hundred poor people at worke could now scarce set twelve insomuch that the poor peoples necessities were growne so great in that Country that they already begin in companies of six ten 12. 20 c. to meet together in the Market Roads and to take away the Country-mens Corne as they carried it to sell at the Market and before their faces to divide it amongst themselves but give them their Horses and Sacks againe and withall tell them that meer hunger forced and necessitated them to do what they did And truely Mr Speaker things are like shortly to be as bad at London for want of Trade for I have heard such grievous complaints from two sorts of people especially that it would pitty any mans heart that hath the heart of a man to hear of the wants and necessities of divers families amongst them that formerly had lived in good fashion and they are the Weavers Cloathworkers and as for the Weavers their Trade consisting principally in Ribbons and Laces but superfluities in such things being laid aside their Trade was growne exceeding dead and many hundreds of their families falne into great miseries and wants by reason that the most part of that little remaining part of their Trade that is left them is taken from them by French men Walloons c. and that which adds unto their misery Mr Speaker is this That the Lord Major and Court of Aldermen do put in execution of late A MOST WICKED ILLEGAL Order or Ordinance of their owne making by reason of which their Catchpoles seize upon the goods of the said poor Free-men of London and beat and wound them yea and have committed murder upon some of them if they come to any Innes c. and offer to sell their goods to any but Shop-keepers who will give them but what they please for them so that the poor Weavers though Free-men of London are not only in miserable poverty but in the miserablest slavery in the City where they by name are Free-men that it is possible for men to be in and to bear it with patience And Mr Speaker the poor Cloathworkers who by the expresse Statute-Law of the Kingdom ought to dresse
also into a disaffection and dislike of the proceedings of Parliament pretending to shew that his Majesties Interest would far better suit with the Principles of Independency then of Presbytery And when the King did alledge as many times he did That the power of Parliament was the Power by which we fought Lieutenant-Generall CROMVVEL would reply That WE WERE NOT ONELY SOULDIERS BUT COMMONERS promising that the Army would be for the King in the Settlement of his whole Businesse if the King and his party would sit still and not declare nor act against the Army but give them leave onely to mannage the present businesse in hand That when the King was at New-market the Parliament thought fit to send to his Majesty humbly desiring that in Order to his safety and their addresses for a speedy settlement he would be pleased to come to Richmond contrary hereunto resolution was taken by the aforesaid Officers of the Army That if the King could not be diverted by perswasion to which his Majesty was very opposite that then they would stop him by force at Royston where his Majesty was to lodge the first night keeping accordingly continuall Guards upon him against any power that should be sent by Order of Parliament to take him from us And to this purpose out-Guards were also kept to preserve his escape from us with the Commissioners of whom we had speciall Orders given to be carefull for that they did daily shew dislike to the present proceedings of the Army against the Parliament and that the King was most conversant and private in discourse with them His Majesty saying that if any man should hinder his going now his Houses had desired him upon his late Message of the 12 of May 1647. it should be done by force and by laying hold on his Bridle Which if any were so bold to do he would endeavour to make it his last But contrary to his Majesties expectation the next morning when the King and the Officers of the Army were putting this to an issue came the Votes of both Houses to the King of their compliance with that which the Army formerly desired After his Majesty did incline to hearken to the desires of the Army and not before Whereupon at Caversham the King was continually sollicited by Messengers from Lieutenant-General CROMVVEL and Commissary-General IRETON proffering any thing his Majesty should desire as Revenues Chaplains Wife children servants of his own visitation of Friends [c] [c] Sir Edw. Ford a professed Papist and one that had broken prison out of the Tower of London was at that time Iretons constant bed-fellow at whose lodging constant royall Cabals was held and yet at the same time Ireton c. impeached Hollis and Stapleton for high Treason for private correspondence with the King Armies Book of Declar. pag. 81 82 83. accesse of Letters and by Commissary-General Ireton that his Negative Voice should not be medled withall and that had hee convinced those that reasoned against it at the Genarall-councell of the Army as also all this they would doe that His Majesty might the better see into all our Actions and know our principles which lead us to give him all those things out of Conscience For that we were not a people hating His Majesties person or Monarchicall [d] [d] Yet read Iretons c. Remonstrance from St. Albans and you shall finde the quite contrary yea and that the things here they plead for they there condemn as the highest Treason as evidently there appears pag. 15 16. 17 22 23 24 32 48 50 62. Government but that we like it as the best and that by this King saying also That they did hold it a very unreasonable thing for the Parliament to abridge him of them often promising That if his Majesty will sit still and not act against them They would in the first place restore him to all these and upon the settlement of our own just rights and Liberties make him the most glorious Prince in Christendome That to this purpose for a settlement they were making severall Proposals to be offered to the Commissioners of Parliament then sent down to the Army which should be as bounds for our party as to the Kings businesse and that his Majesty should have liberty to get as much of those abated as be could for that many things therein were proposed only to give satisfaction to others which were our friends promising the King that at the same time the Commissioners of Parliament should see the Proposals His Majesty should have a copy of them also pretending to carry a very equall hand between King and Parliament in order to the settlement of the Kingdom by him which besides their own Judgment and conscience they did see a necessity of it as to the people Commissary Generall Ireton further saying That what was offered in these Proposals should be so just and reasonable That if there were but six men in the Kingdom that would fight to make them good he would make the seventh against any power that should oppose them The Head-Quarters being removed from Reading to Redford His Majesty to Wo●or●● the Proposals were given to me by Commissary Generall Ireton to present to the King which his Majesty having read told me be would never treat with the Army or Parliament upon those Proposals as he was then minded But the next day his Majesty understanding that a force was put upon his Houses of Parliament by a tumult sent for me again and said unto me Goe along with Sir Iohn Barkley to the Generall and Lieutenant Generall and tell them that to avoid a new war I will now treat with them up on their Proposals or on any thing els in Order to a Peace only let me be saved in honour and conscience Sir Iohn Barkley falling sick by the way I delivered this Message to Lieutenant Generall CROMWELL and Commissary Generall Ireton who advised me not to acquaint the Generall with it till ten or twelve Officers of the Army were met together at the Genenerals Quarters and then they would bethink themselves of some persons to be sent to the King about it And accordingly Commissary Generall Ireton Colonel (e) (e) Who I am sure daubed jugled not as the others did but spoke his mind freely for in the tower he gave me I. Lilburun a full account of that businesse yea and sufficiently then told Sir I. Maynard Commissary Coply c. of Iretons c. Base jugling and underhand dealing daubing and dissembling with the King Rainsborough Colonel Hamond and Col Rich attended the King at Woborne for three houres together debating the whole businesse with the King upon the Proposals upon which debate many of the most materiall things the King disliked were afterwards struck out and many other things much abated by promises whereupon his Majesty was pretty well satisfied Within a day or two after his Majesty removed to Stoke and there calling for me told
be made between the King and Parliament now the Person of the King was out of the power of the Army Commissary Gen. Ireton replyed with a discontented countenance that he hoped it would be such a Peace as we might with a good conscience fight against them both Thus they who at the first taking the King from Holdenby into the power of the Army cryed down Presbyterian Government the proceedings of this present Parliament and their perpetuity and in stead thereof held forth an earnest inclination to a moderate Episcopacy with a new election of Members to sit in Parliament for the speedy settlement of the Kingdom and afterwards when the Eleven Members had left the House and marched thorow London with the Army the seven Lords impeached the four Aldermen of London committed to the Tower and other Citizens committed also then again they cryed up Presbyterian Government the perpetuity * * See their notable reasons and height of expressed zeal for frequent and successive Parliaments in their book of Decl. pag. 41. 42. 43. 44 129. 142. and in the first of their Proposals dated August 1. 1647. they six upon the certain period of a yeer for ending this Parliament yea and in their last Declaration from St. Albons in pag. 45. 46. complain most bitterly against a perpetuall Parliament and the ill constitution of this by Burrough-towns c yea also in pag. 65 ibidem propose and earnestly presse again for fixing a certain period to the dissolution of this and also in pag. 15. 52. 66. 67. propose many excellent things for the future constitution of sure and often successive Parliaments See my inferences upon all their c. premisses upon this subiect in my last book of the 8 of June 1649. from p. 43. to p. 59. Yea and in their first article accuse the King of treason tyranny in not keeping of frequent successive Parliaments See also his case stated p 7 11 14 17 18 20. See Bradshaws Speech against him at his tryal Jan 27 1648. p. 11. of this present Parliament Lieutenant Gen. Cromwel further pleasing himself with the great Summs of money which were in arrear from each County to the Army and the Tax of sixty thousand pound per Month for our maintenance Now saith he we may be for ought I know an Army so long as we live and since the sending forth the Orders of Parliament for the calling their Members together Lieutenant Gen. Cromwel perceiving the Houses will not answer his expectation he is now a gain uttering words perswading the hearers to a prejudice against the proceedings of Parliament again crying down Presbyterian Government setting up a single Interest which he calls an honest Interest and that we have done ill in forsaking it to this purpose it was lately thought fit to put the Army upon the chusing new Agitators and to draw forth of the House of Parliament 60 or 70 of the Members thereof much agreeing with his words he spake formerly in his Chamber at Kingstone saying What sway STAPLETON and HOLLIS had heretofore in the Kingdom and he knew nothing to the contrary but that he was as well able to govern the Kingdom as either of them so that in all his discourse nothing more appeareth but his seeking after the Government of King Parliament City and Kingdom for the effecting whereof he thought it necessary and delivereth it as his judgment that a considerable Party of the chief Citizens of London and some of every County be clapt up in Castles and Garisons for the more quiet and submissive carriage of every place to which they belong Further saying that from the rising of the late Tumult in London there should be an occasion taken to hang the Recorder and Aldermen of London then in the Tower that the City might see the more they did stir in opposition the more they should suffer adding That the City must first be made an example And since that Lieutenant Gen. Cromwel was sent down from the Parliament for the reducing of the Army to their obedience he hath most frequently in publick and private delivered these ensuing heads as his Principles from whence all the foregoing particulars have ensued being fully confirmed as I humbly conceive by his practice in the transaction of his last yeers businesse 1. That every single man is Judge of just and right as to the good and ill of a Kingdome 2. That the Interest of honest men is the Interest of the Kingdom And those onely are deemed honest men by him that are conformable to his judgment and practice Which may appear in many particulars To instance but one in the choice of Colonel Rainsborow to be Vice-Admiral Lieutenant General CROMVVEL being asked how he could trust a man whose Interest was so directly opposite to what he had professed and to one whom he had lately aimed to remove from all places of Trust He answered That he had now received particular assurance from Col. RAYNSBOROVV as great as could be given by man that he would be conformable to the judgment and discretion of Himself and Commissary Gen. IRETON for the managing of the whole businesse at Sea 3. That it is lawfull to passe through any forms of Government for the accomplishing of his end and therefore either to purge the Houses and support the remaining Party by force everlastingly Or to put a period to them by force is very lawfull and sutable to the Interest of honest men 4. THAT IT IS LAWFVL TO PLAY THE KNAVE WITH A * * Nay I Iohn Lilburn am confident from the whole series of his actions to prove that he holds it lawful for a man to commit any manner of wickednesse and basenesse whatsoever that can be named under the sun for the accomplishment of a mans proposed end whether in it self it be wicked or righteous yea to cheat break faith with and murder the nighest Relations a man can converse with yea and for that end onely to raise Wars upon Wars to the devastation of Kingdoms and Nations the peoples lives really and truly being of no more value with him then so many dead dogs serving him for no other end but to be his footsteps to climb up to the top of his Authority or Elective Knighthood KNAVE These Gentlemen aforesaid in the Army thus principled and as by many other circumstances may appear acting accordingly give too much cause to beleeve that the successe which may be obtained by the Army except timely prevented by the wisdom of the Parliament will be made use of to the destroying of all that Power for which we first engaged and having for above these twelve months past sadly and with much reluctancy observed these severall passages yet we have some hopes that at length there hereunto knowing that Resolutions were taken up that in case the Power of Parliament cannot be gained to countenance their Designes then to proceed without it I therefore chose to quit my self of my
for he is no such thing but is meerly a great Tyrant standing by the power of his own will and a strong sword born by his vassals slaves and creatures having no commission to be General either from Law the Parliament or from the prime Laws of Nature and Reason For First where he was first made General by both Houses of Parliament it was expresly against the letter of the Law which action cannot be justified either before God or man but in case of extream necessity and for the accomplishment of a universall righteous end viz. The redeeming setling and securing the peoples rational and just Rights and Freedoms and not in the least for setting up any particular selvish or factious interest But secondly in refusing to disband c. he hath rebelled against his Parliament commission and thereby destroyed and annihilated it And at New-Market Heath the fifth of June 1647. betook himself to the prime Laws of Nature and by common consent of his Officers and Souldiers became their General and entred into a solemn and mutuall ingagement before God and one another for the accomplishment of those righteous ends therein contained for the good of the Kingdom and themselves by subscribing his name or at least expresly assenting thereunto and approving thereof with solemn ingagement as is at large Printed in the Armies Book of Declarations p. 23 24 25 26. by the very letter of which he nor his Officers could not govern the Army jointly or severally by the former Rules or Articles of Martiall Law no nor so much as make an Officer of the meanest quality nor put forth any publike Declaration nor treat with nor conclude with any in reference to the Army but by the joynt advice and approbation of their new erected and established councel of Adjurators which for order and methods sake the General was betrusted to convene and call together as the King formerly was Parliaments or the Lord Mayor of London Common Councels and yet notwithstanding he and his Officers like a generation of most perfidious false and faithless men broke all this ingagement to pieces within less then twenty dayes after it was made and so annihilated and destroyed his power authority or commission flowing from the consent of the Souldiers before he had really accomplished any one thing he or they ingaged for and hath since two severall times put a nullity or force upon his originall Creators Lords and Masters the Parliament And that he and his Officers broke their forementioned solemn ingagements in so short a time I prove fully out of their own book of Declarations in which page 36. to 46 I finde a Declaration dated the 14. of June 1647. made and published by his Excellency Sir Thomas Fairfax with the Officers and Souldiers of his Army mark it well for in the very words of it it is in Excellency worth all the Declarations that ever the Army made since and in page 47. to 50. I finde a generall charge against the eleven Members with a paper delivered with it to the Parliaments Commissioners at St. Albans the 17. June 1647 by the appointment of his Excellency Sir T. Fairfax and the Soldiers of the Army under his command but in the following pages viz. pag. 51 52 53 54. I finde that the 21 22 25. of June 1647. his Excellency and his Councel of War alone without the Councel of Adjutators representing the Souldiers according to their ingagement writ letters to and entered into a Treaty with the Lord Mayor and Common-Councel of London which was a base perfidious treacherous act and an absolute breach of their solemn ingagement yea in page 57. June 23. 1647. The General and twenty eight Grandee and creature Officers publish a Remonstrance to the Kingdom and that in the name of the Army in which base and abominable apostacie they continued without ever wiping their mouths or recanting what they had so unjustly done as the whole tenor of their Book of Declarations doth declare yea when the particular charge against the eleven Members comes from them it comes onely in the name of the General and his Councel of War page 94. yea and all this with ten times more as I beleeve the world will shortly and fully see was done in despite of the Adjutators or consent of the Regiments Troops or Companies for all those two grand and lying Apostates Cornet Den and Parson John Can a late cheat at Amsterdam confident affirmations to the contrary in their late Printed lying books intituled the Levellers Design page 4 5. and the second part of the Discoverer page 5. 6. where they aver That the councel of Adjutators established by the Armies solemn ingagement was dissolved and made null by the same power by which they had their constitution and that it was done by a Petition to the Generall from most of the Regiments c. But although I iudg the two forementioned lying base Apostates to be so abominably vile that I judg not my excrements mean enough upon equal terms to ballance against them yet knowing the affairs of the Army then so extraordinarily well as I do I will ballance life against life that neither they nor any man breathing can produce a Petition so much as from one single Troop or Company much less from a Regiment and therefore much less from the greatest part of the Regiments both of Horse and Foot for calling home the Adjutators before the Gen. and his Officers had as is before mentioned broke in pieces the solemn engagement again and again and invasion of Rights and Priviledges was the true declared ground and cause of all the late wars with the late beheaded King and is really the originall ground of most if not all the cruell wars in the world But if the Souldiers had made such a Petition which they never did it were not much materiall I think for they ingaged something to and for the Kingdom in reference to the setlement of their Liberties and Freedoms which I am sure they in no one title ever accomplished or performed and therefore till that be done they can not rationally or justly absolve themselves from the true intent or meaning of that engagement But I wish those Champions for lies and Apostasie would instance the place where the time when and the Regiments that subscribed and delivered such a Petition and deal ingeniously with the world whether it were a free act or a compulsive one wrought underhand by all the snares policies tricks gins and slights that possible the Officers could invent without or below a visible and compulsive force which can never of right unty that knot Sure I am divers of the Adiutators c. sent severall complaints to me c. to the lower from St. Albans immediatly after the solemn ingagement was made complaining that Cromwel Ireton c. one of which two pen'd this engagement would needs then by force and frowns totally break and dissolve it of which baseness though then we
were not visibly faln out I told Cromwel very freely and plainly of as appears by my Letters to him of the 22 of June 1647 and the 1 of July 1647. and in my Advise to the Adiutators of the 16 of July 1647. All which I caused immediatly after to be Printed in my Book called Jonahs cries out of the Whales belly and the like in my little Book called the Juglers Discovered and I am sure it was August following when the Armies Head quarters were at Kingston where Cromwel begun to be afraid of the Adiutators apprehending his underhand and night Juglings with the King to ma●● himself able like Cardinal Woolsey to say I and my King which he was afraid the Adiutators should take too much notice of although long before their power and authority was destroyed and therefore was not willing they should at all remain or lodge at the Head quarters although Crumwel had weeks and some moneths before designedly and of set purpose with all his power and interest walked in a continual breaking and trampling the engagement under his feet and therefore about that time he and his agents set that Petition a foot to rid the Head quarters of the Adiutators that they might not so much as see his baseness but alas that Petition could not null and destroy that that was broken nuld in efficacy and power annihilated long before but yet I could not for all this ever hear that Petition was one tenth part so formall as they report it to be But from what hath been already said and in time will speedily be declared it is evident that the General and the Officers at St. Albans broke their solemn engagement with their Souldiers and the Kingdom immediatly after it was made and tyrannically and treacherously invaded their Rights and Freedoms which bred heart-burnings and those divisions which the publique enemy so called took the advantage of and so came on the wars God ever after their abominable and villanous appostacy filling their hands with troubles and confusions besides loss of reputation and good name upon whose score alone lies the true guilt of all the blood-shed in the last years war and of all the miseries that since have befaln Ireland * Which they might easily have relieved if they had pleased with those forces they disbanded in several places of the Nation immediately after the making the foresaid Engagement or with those twenty they the last Spring disbanded out of every Troop and Company Part of which in discontent at their base using of them run to Laughorn and Poyer and others to Goring Capel and others to Sir Marmaduke Langdale and the Scots but Cromwel it seems was resolved then That no forces should go to relieve Ireland till he went with them with an absolute Commission to be King of Ireland Which Commission though he hath got yet he may fail of his expected Town both there and elsewhere and this year again is likely by forraign invasions of strange Nations and by intestine broyles to befall England and therefore if you love the Lord Fairfax tell him that though people at the present deal by him and Cromwel c as the Parliament used to do with the King laying all the evill of his actions upon his evill Councellors yet he and his Officers in their Remonstrance from St Albons 16. of November 1648. say That the King himself is the reall Fountain and true originall from whom principally all that mischief hath issued that of late in his Raign hath befaln the Kingdom being himself the principall Author and causer of the first and second War and thereby guilty of all the innocent blood spill therein and of all the evils hapning thereby pag. 17. 19. 23. 24. 61. 62 64. whos 's one example in doing Justice upon to future Generations would be of more terror and avail then the execution of his whole party pag. 47. 48. It being as they say a most unjust and unconscionable thing to punish inferior Ministers the accessories and let the King the principall go free pag. 50. Even so though most men now lay the blame of all the Armies apostacy baseness perfidiousness and treachery upon Cromwel and Ireton as the Generals evil Councellors yet they his Screen betwixt him and the peoples wrath being gone from him toward Ireland he will now appear nakedly and singly to be as he is in himself and let him take heed lest from his by-past constant signing assenting to approving of and acting in all their perfidiousness treachery and baseness with his present carriage now he stands as it were a Noun Substantive upon his own legs and may now most gloriously act honestly and justly if he please without their controul or any others and so regain his lost credit and reputation if wickedness and baseness be not as largely inherent in his heart as it is in either Cromwels or Iretons I say let him take heed from all his actings the knowing and seeing people do not justly conclude him to be the principal Author and causer of all their miseries distresses and woes and so in time serve him as he hath served the King and only put Cromwel Ireton Haslerig Bradshaw Harrison c. in Hambletons Hollands Capels Gorings and Owens places as but accessories or dependants upon Fairfax the principall But my true friends I shall hear take upon me the boldness in regard of the great distractions of the present times to give a little further advice to you from whole company or society or from some of them hath begun and issued out the most transcendent clear rational and just things for the peoples Liberties and Freedoms that I have seen or read in this Nation as your notable and excellent Petition of May 20. 1647. burnt by the hands of the common Hangman Recorded in my Book called Rash Oaths unwarrantable pag. 29 30 31 32 33 34 35. with divers others Petitions of that nature and the Petition of the 19 of Jan. 1647. Recorded in the following discourse pag. 45 46 47 48 c. and the masculine Petition of the 11. of Sept 1648. so much owned by Petitions out of severall Counties yea and by the Officers of the Armies large Remonstrance from St. Albans of the 16. Novemb. 1648. pag 67 68 69. The substance of all which I conceive is contained in the Printed sheet of paper signed by my fellow prisoners Mr. Will. Walwin Mr. Tho Prince Mr. Rich. Overton and my self dated the 1. of May 1649. and intituled An Agreement of the free people of England c. The principles of which I hope and desire you will make the final Center unwavering Standard of all your desires hazards and indeavors as to the future settlement of the peace and government of this distracted wasted and divided Nation the firm establishing of the principles therein contained being that only which will really and in good earnest marry and knit that interest what ever it be that dwells
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 ●●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 Tris●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
The plea or Protestation of Lionel Hurbin in behalf of the late four imprisoned Aldermen pag. 10 11 14 17 18. and the Aldermens Petition of the 23 April 1648. of it I say saving as before I have expressed I shall out of that ingenuity of spirit candidnesse and integrity of heart that dwels within me and out of that high and honourable respect I bear to the interest and just authori-of this House Give you if you please a free voluntary full and perfect relation of all the most materiallest actions passages and speeches that have past from me about this Petition since it was first begun to our late meeting at Wapping And I shall the rather at present lay aside the punctilios of my liberty which is not to answer to any Interrogatories or confesse any thing against my self till it be legally fully and punctually proved because I have longed for such an opportunity as this and my silence at this time might in the prejudiced opinions of some among you against me argue in their spirits my guiltinesse of all the lyes layed unto my charge and thereby might in their own hearts take me pro confesso and conclude me guilty from my silence but without a grant of free liberty from this House to speak my mind freely without any interruption I shall not say one word more but remain in perfect silence So the Speaker commanded us to withdraw which we did And after about a quarter of an houres time the Sergeant at Arms came with his Mace and ushered us in again and having placed our selves at the Bar Mr Speaker having a paper in his hand looked upon it and said to this effect Mr Masterson the House conceives that you have nothing nigh given them so full a relation of this businesse to day to Mr Lilburns face as you did yesterday when you were single therfore I am commanded to ask you what you say to such a thing and such a thing and mentioned as I remember about some six or seven particulars The substance of all of his accusation so near as that little heed I gave unto it would enable me to collect was to this effect That there was a design especially by me declared at the foresaid meeting contrived by me Sir to destroy or cut off both Houses of Parliament and that we could not be far from the intention of executing it in regard I had appoynted blew Ribbons to be worn in the hats of all those that should be saved alive And that though we did now drive on a Petition to the House yet it was no more but a cloak or a colour to raise the people by that so we might the more covertly make our selves strong enough to destroy them But after he had done the Speaker told me the House had given me free liberty to say what I pleased at which I made a congey to him and mightily raised up my heart to God with an earnest inward cry to Heaven now to come in if ever with power strength wisdom resolution and utterance and praised be his name he heard my inward sighs and cries unto him and put as it were a new heat and burning fire into all my veins and raised up my spirit high beyond its ordinary temper and with a little pause I begun and said after this manner with a soft voyce Mr Speaker I take it for no small honour to be admitted this day to this great though just priviledge to have free liberty to speak my mind freely and boldly without interruption and having again premised what is before premised and protested again what is before protested with a loud and mighty voyce though with an easy and sensible command over my self I went punctually on without the least interruption extemporary and said Mr Speaker I do here freely and voluntarily confesse it that I had a hand or a finger in drawing the great Petition with large * Which at the last end hereof is printed at large Marginall notes fixed to it and that I also had a hand in putting it to the presse and paying for it And truly Mr Speaker the ground of drawing of it in my made standing was this we have many years been fighting for our liberties and freedoms and yet the generality of the Kingdom are as far to seek what they are and where to find them as ever and the oppressions and burthens are very great and heavy upon the people as by tyths taxes excise and free quarter c. and that which is worst of all all trading in a manner is dead●d and all victuals grown so dear that famine draws on apace and this House seems to us to be afresh engaged not only against the King but also against the Scots all which laid together hath occasioned such heart-burnings divisions and dissentions in all sorts and kinds of people saving those now in fat places and offices that are made rich by the ruins of the Kingdom In which regard there was nothing more likely to arise then a generall confusion and the people being as we perceived united in nothing that concern'd their Common good as English men might in their distractions and confusions destroy their neighbours and friends which might breed such s●uds in City and Country that one faction or party might be so earnest to destroy another without hopes of any composer till a forraign enemy seeing our divisions distractions and hurly-burlies came in with an inundation to make a prey of us all and of the Land of our Nativitie The consideration of which strook deep into my spirit and therfore I studied how someting might be done speedily to prevent it And this Petition was brought forth as a salve to heal and cure all our sores and diseases and to knit the hearts together of all ingenuous men in every faction or interest that had but the least spark of a desire to do unto their neighbours as they would be done unto Which Law is not only the prime Law of Nature but also the strict command both of the Law and Gospel And truly Sir I for my part conceived this Petition so just necessary and righteous that if the people closed with it this House could never so far dishonour themselves as in the least discountenance it Nay Sir I dare here at your Bar with confidence aver it that there is never a man in England that dare or can speak against the body or scope of it unlesse it be those that have guilty consciences within them or those that are of or allied unto some of those corrupt interests that are therein struck at And truly Mr Speaker I my self look upon that Petition with such admiration and satisfaction of spirit and of so transcendent concernment to all honest and just men in my native Country that I count it one of the most glorious morall actions to promote that Petition that ever God counted me worthy in all my life to have a finger in And Sir
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 ●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 indi●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
our selves that it was impossible for all the professed enemies we had in England to have put such a mischievous division amongst us the bitter fruites of which we had lamentable experience of every day in that it deprived us of the vigorous pursuing of al effectuall meanes to preserve and secure our selves from that eminent ruine and destruction that is even at our very thresholds And therefore it behoved us with all our might to presse hard forward according to the marginall note of our Petition to get our Lawes so strictly setled as though it were impossible that ever an honest man should be borne into the world to be an executor or administrator of them we having found it too true a maxime by experience in Lieut Gen CROMWELL alone that whosoever meanes to settle good Laws must proceed in them with a sinister or evil opinion of all man-kind and suppose ESPECIALLY AFTER HIS GROSSE APOSTACY that whosoever is not wicked it is for want of opportunity and that no State or People can be wisely or securely confident of any publick minister whatsoever continuing good longer then the rod is over his head And Mr Speaker it was further declared that though he might now seeme to face about and to intend just and righteous things to the Kingdome by reason of his late forwardnesse in the late Votes against the King for no more Addresses to Him Yet what rational man could groundlesly judge that he thereby intended a reall good to the Kingdome especially considering that in the very neck of those Votes he and his faction that he hath at command at the head-quarters published a Declaration to the whole Kingdome to maintaine the House of Lords in all their tyrannicall usurpations the continuance of whose Law-making interests is perfect vassalage and bondage to the whole Nation as I have before undeniably and fully proved or the rather may not any rationall knowing man conclude that Lieut Gen Cromwel's and his Son Ireton's late spight against the King did procceed only from animositie and revenge against the King because he had forsaken them and accepted of a better bargaine from the * For so saith Mr John Wildman in his Truths Triumph 7. 8. and he was conversant then at the Head-quarters and knew almost all secrets See also his Putney projects Scots who for their preservation it may be were not onely willing to give Him His Negative voice and an hereafter possession of the Militia but a present right in it and possession of it the which if he enjoyed the Army-Grandees and their accomplices could not reigne over the people as they intended to do for undoubtedly if the King would have taken and accepted of their conditions and stuck close to them and imbrace no other lovers they would never have been so angry with Him but withall their hearts have helped Him to His Crown Throne againe which is evident and clear from Iretons transcendent pleading for Him and new Addresses to Him in this House and the open Councels at Putney c. and Mr Speaker while they accused Mr Hollis and Sir Philip Stapleton c. for high Treason for under hand tamperings with the King they themselves out-stript them at that very time in that which they declared a crime in them for Mr Speaker their under hand tamperings with the King were but petty ones to those grand ones these apostates had for Mr Speaker as I said among my friends I do now aver at this Bar having my relation from so knowing good hands upon the place that I dare ingage at my utmost peril before this House at this Bar to prove by exceeding good testimony to this effect That when the proposals of the Army had past the great or Generall Councell of the Army for so themselves called it and therefore I wil give it the same name Commissary General Ireton declared to diverse of the chief Officers he would send a copy of them to the King which being opposed by them he replied that he was engaged by promise to send a copy to the King and therefore he would send one though the General hanged him for so doing And Mr Speaker he did send one to the King and that by the hands of Cromwels own Major viz. † Which Major Huntington confesseth and averreth in the 6th and 7th pages of his printed reasons for laying downe his Commission which by way of impeachment against Cromwell and Ireton he delivered into both Houses of Parliament August 2. 1648. which because of the pertinency of it to prove the most of my charge against him and because it comes from one that then lay at his very heart and was his choice agent and instrument in most of his underhand negotiations with the King then the joy of his heart and the delight of his eyes I shall incert it verbatim at the last end hereof and intreat the judicious Reader to peruse it seriously as as true a piece I believe as ever was Printed in England and so I often declared it to be in my thoughts to diverse of Cromwels owne friends when it was first delivered to both Houses though I could not joyne with Huntington at that time in the prosecution of it for Duke Hamiltons hostile invasions sake though I was often solicited to it by great ones and I believe then in my lownesse might have had money enough to have done it but I abhorred it as Mr Cornelius Holland with other present Parliament-men very well knowes and also my reasons therefore Major Huntington who then was the bosome and indeared darling of both Iereton and his Father Cromwell and it viz. the Copy of the proposals was delivered to the Kings owne hands who read it over and WITH HIS OWNE HANDS BLOTTED AND RASED OUT WHAT HE MOST DISLIKED and enterlined it with His own hand in some places which very Copy thus curtail'd and guelded the King sent back to Ireton and IRETON CAVSD THIS GVELDED COPY OF THE KINGS TO BE PRINTED TO THE VIEW OF THE KINGDOME AS THE ARMIES ‖ The Anatomy of which by Mr. John Wildman you may fully read in Putney's Projects pag. PROPOSALS when as indeed in truth Mr Speaker they were no other then the Proposals of the King and himself and therefore no wonder the King to the Parliament so pressed to Treat upon these Proposals as He did so that here was once declared affection enough to the King But Mr. Speaker I do further aver and upon my life profer at your command to produce at this Bar a Gentleman of good quality and of very much integrity and a man of much repute amongst all the honest men in the Army who comming from London to Westminster with me not long since voluntary and freely told me to this effect w●●h avowed confidence to justifie it That Cromwels Son that commands the Generals Life-guard taking notice of his aversenesse to his fathers design●s in his continuall crossing him and his
himself not only as a Christian but also as a faithfull English man for Mr Speaker he came to my lodging in * Then at the Sarazens head in Friday street with Mr John Wildman my then bosom Friend and zealous and bold asserter of Englands freedoms though now he hath not only lost all his seal but I am afraid his honesty and his principles and is closed with familiarity and design with Cromwel although no man in England knows his knavery better then he London and told me the effectuall substance of this story and read unto me the copy of his large Letter and took the opportunity thereof to presse me to a patient expectation of the issues of things and to moderate my heat against the Lieutenant Generall for he was confident there would be in him a speedy visible change and he hoped it would be for the good of the Kingdom the fruit of which he doubted not but I in my particular might come speedily to reap And truly Mr Speaker I have perceived a kind of a change in Lieutenant Generall Cromwels visible actions ever since but I wish my understanding could be groundedly satisfied it were upon reall and just principles viz. for the good of the Commonwealth And now Mr Speaker if the House do question the truth of this relation I do believe within a little time I shall be able to procure a copy of the Letter but if I cannot do that now I will engage my credit and life to produce my Author at this Bar who I am confident hath so much honesty in him that he will not deny the truth of what he told me But truly Mr Speaker as for the Gentlemans name of this House that should have been the Second FELTON I was not told it though I confesse so many circumstances were hinted to me that I believe at the first guesse I could name him but I cease that now And desire further to acquaint this House that for all the late seeming changes in Lieutenant Generall Cromwel I press'd them they should not be too credulous in believing him till they see him to be an active instrument really and effectually to do some transcendent thing that was for the universall good of all the Commons of England which I could not fully apprehend in these late Votes of Non-Addresses simply in themselves considered for as yet I could see nothing further in them then a kind of revenge to pull down the King because he had withdrawn his affections from them and at present given them to the Scots by means of which they were deprived of their large hopes of rule and domination over the people under him their sole and only true end enclosing with him and therfore were now necessitated for the obtaining the declared ultimate of their desires viz. the setting up themselves to pull down him And if in there Votes they had intended reall good unto the generality of the people they would have with them instated them in the possession of some just and gallant freedoms and priviledges worth their engaging again with and for the Parliament in a new War and so to have made them in love with the House for their justice and goodnesse handed out unto them that their lives nor estates might not have been dear to them but with willingnesse they might have freely adventured all they had in opposing those that opposed them Whereas now with these Votes they had nothing that was of generall good holden out unto them but the likely hood of a new War in provoking afresh to the highest all the Kings party the Scotch and the Zealots amongst the Presbyters yea and so passing their Votes that in themselves rightly considered they signified nothing for if the Parliament fac'd back again and un-voted them the next Week as it is possible they might these Votes were but a snare to hazard the future destruction of those men that at present should rejoyce at them and in them And Mr Speaker they were desired to consider that if we implicitly and hand over head without first groundedly knowing what should be the prize of all our hazards and bloud should again engage against the King and also against the Scots who had declared so much enmity as to root up by the roots all that would not concur to their every thing and nothing Presbyterie under the names of Heretiques and Sectaries who were now likely upon the Kings interest to invade the Kingdom what should we get by it It 's true we might be the occasion of shedding much bloud but in the conclusion it was possible our own might be shed But suppose we were Conquerours and the Army by our means did overcome the Scots what better were we then nay were we not worse then then now we are and more likely to be made slaves then now we are For seeing the Grandees in the Army and Parliament have declared so much bitternesse and enmity of spirit against all those principles of righteousnesse and justice that we have promoted and proposed without the firm establishment of which it is impossible for us ever to be any other then vassals and those that rule over us perfect Tyrants and if implicitly we should help them to subdue the Scots we should but thereby the more easily enable them to make the more perfect slaves of us when we had whom we might easily see by their malicious and bloudy prosecuting of our late Friends in the Army did not anew begin to court us out of any love to us or out of any free disposition to do us or the Kingdoms good but meerly because they had need of us and did not well know how to go through their work at present * Which I have undeniably proved in my late Book of the 8 June 1649. pag. 34 35 36 37 38. to be their only design in all their courting of us in the day of their distresse and that there is no more truth in the promises and engagements they then made then in the Devils who I will never hereafter believe in whatsoever they say or swear without us For truly Mr Speaker as I told my Friends I was afraid that the interest of the generality of the Officers in the Army but especially the Grandees was not peace righteousnesse justice and freedom but wars fightings and † Which is fully witnessed for a truth by Major Huntington Cromwels quondam darling in the 11 page of his foresaid charge where he declares Cromwels great rejoycing after his first breaking of the Parliament and getting the remaining part to own the Army and settle pay upon them Now saith Cromwel we may for ought I know be an Army so long as we live and that he was as able to govern the Kingdom as either Stapleton or Hollis c. which he declares to be the principall thing in all his contests with the Parliament he sought after catchings and without the continuance of which I conceived they
the Nation In particular we earnestly intreat Fi●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 Pul●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 ex●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 sl●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 Third● 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. 3●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. 3● 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 sequest●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 faithfu●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
me he feared an Engagement between the City and the Army saying he had not time to write any thing under his hand but would send it to the Generall after me commanding me to tell Commissary Generall Ireton with whom he had formerly treated upon the Proposals that he would wholly throw himself upon us and trust us for a settlement of the Kingdome as he had promised saying if we proved honest men we should without question make the Kingdom happy and save much shedding of blood This Message from His Majesty I delivered to Commissary Generall Ireton at Colebrook who seemed to receive it with joy saying That we should be the veriest Knaves that ever lived if in every thing we made not good what ever we had promised because the King by his not declaring against us had given us great advantage against our Adversaries After our marching throug London with the Army his Majesty being at Hampton Court Lieutenant Generall Cromwel and Commissary Generall Ireton sent the King word severall times that the reason why they made no more hast in businesse was because that party which did then sit in the House while Pelham was Speaker did much obstruct the businesse so that they could not carry it on at present The Lieutenant Generall often saying Really they should be pulled out by the ears and to that purpose caused a Regiment of Horse to Rendezvouz at Hide-Parke to have put that in execution as he himself expressed had it not been carryed by Vote in the House that day as he desired The day before the Parliament Voted once more the sending of the Propositions of both Kingdoms to the King by the Commissioners of each Kingdom at Hampton Court Commissary Generall Ireton bade me tell the King that such a thing was to be done to morrow in the House but his Majesty need not to be troubled at it for they intended it to no other end but to make good some promises of the Parliament which the Nation of Scotland expected performance of and that it was not expected or desired his Majesty should either Sign them or Treat upon them for which there should be no advantage taken against the King Upon the delivery of which Message His Majesty replyed he knew not what Answer to give to please all without a Treaty Next day after this Vote passed the Lieutenant Generall asked me thereupon If the King did not wonder at these Votes I told him no For that Commissary Generall Ireton had sent such a Message by me the day before the Vote passed to signifie the reason of it The Lieutenant-Generall replyed that really it was the truth and that we speaking of the Parliament intended nothing else by it but to satisfie the Scots which otherwise might be troublesome And the Lieutenant Generall and Com. Gen. Ireton enquiring after His Majesties Answer to the Propositions and what it would be Nota bene it was shewed them both privately in a Garden-house in Putney and in some part amended to their own mind But before this the King doubting what answer to give sent me to Lieutenant Generall Cromwell as unsatisfied with the Proceedings of the Army fearing they intended not to make good what they had promised and the rather because his Majesty understood that Lieutenant General Cromwel and Commissary Generall Ireton agreed with the rest of the House in some late Votes that opposed the Proposals of the Army that they severally replyed that they would not have his Majesty mistrust them for that since the House would goe so high they only concurred with them that their unreasonablenesse might the better appear to the Kingdom And the Lieutenant Generall bade me further assure the King that if the Army remained an Army his Majesty should trust the Proposals with what was promised to be the worst of his conditions which should be made for him and then striking his hand on his brest in his Chamber at Putney bade me tell the King he might rest confident and assured of it and many times the same Message hath been sent to the King from them both but with this addition from Commissary Generall Ireton that they would purge and purge and never leave purging the Houses till they had made them of such a temper as should do his Majesties businesse And rather then they would fall short of what was promised he would joyn with French Spaniard Cavalier or any that would force them to it Upon the delivery of which Message the King made Answer that if they doe they would doe more then he durst doe After this the delay of the settlement of the Kingdom was excused upon the Commotions of Colonel Martin and Colonel Rainsborough with their adherents the Lieutenant General saying That speedy course must be taken for putting them out of the House and Army because they were now putting the Army into a Mutiny by having hand in publishing several Printed Papers calling themselves the Agents of five Regiments and the Agreement of the People although some men had encouragement from Lieutenant Generall Cromwel for the prosecution of those (f) (f) See Putneys projects and the 2 part of Englands new Chains discovered pag. 6. Papers and he being further prest to shew himself in it he desired to be excused at the present for that he might shew himselfe hereafter for their better advantage though in the Company of those men which were of different judgments he would often say that these People were a giddy-headed Party and that there was no trust nor truth in them and to that purpose wrote a Letter to Colonel Whaley that day the King went from Hampton Court intimating doubtfully that His MAJESTIES PERSON was in danger by them and that he should keep an Out-guard to prevent them which Letter was presently shewed to the King by Col. * * The designe of which letter was twofold 1. Under pretence of reall good to the King whom they now desired to be rid of as having made all the use of him they could being the Scots had bid more for him then they would give to get him into a new snare which in my judgment they plainly confesse in their late Remonstrance of 16 Nov. 1649. pag. 53. The second was To destroy the new nick-named Levellers for a generation of bloody men that sought to murder the King who stood also in the way of their intended tyrannicall Reign which was a main invention of Cromwels own brain with the base assistance of my Brother Henry Lilburn as I long since truly declared in two of my Books viz. The Peoples Prerogative pag. 52. And A Plea for an Habeas Corpus pag. 12. See also The second part of Englands Chains pag. 6. Whaley That about six dayes after when it was fully known by the Parliament and Army that the King was in the Isle of Wight Commissary General Ireton standing by the fire-side in his Quarters at Kingston and some speaking of an agreement likely to