people for no other end in the world but to provide for their weale and happinesse and to redresse their mischiefs and grievances unfortified at all by the established knowne and declared Law of the Kingdome degenerate from your trust destroy their Liberties and trades overthrow their Lawes and the Bounds that establish meum tuum and tyrannize over their persons ten times worse then ever the King did or his wicked and evill Ministers of Justice the Judges and Patentee Monopolizers especially all of whom you cannot deny but he at the beginning of your Session surrendred up to you to be punished by you according to Law Justice which in them you extreamely perverted and tooke bribes for the acquitting the capitallest of them and otherwise made use of them to do more mischiefe since to the Common-wealth then ever they had done before by assuring any thing for Law that you would propound to them by meanes of which you with your wicked and unbounded Priviledges have dared to exercise the absolutest and grandest tyranny over the lives liberties trades properties and estates of the Freemen of England that ever was I dare positively aver it since it was a Nation governed by an established and declared Law to your eternall and everlasting shame I speake it so that truly if the Freemen of England seriously look upon all your late publike and to us visible actions and compare them with their former enjoyments they may justly take up Miach's lamentation and say with him to you The good man is perished out of the earth and there is none upright amongst you men they or you all lie in waite for blood they or you hunt every man his brother with a net that they or you may do evill with both hands earnestly the Prince asketh and the Judge asketh for a reward and the great man he uttereth his mischievous desire so they wrap it up therefore woe unto the Parliament for the best of them is as a briar the most upright is sharper then a thorne hedge the day of thy watchmen and thy visitation cometh now with a vengeance shall bee their perplexity therefore O all ye understanding Commons of England in reference to your Parliament Trustees trust ye not in a friend put ye no confidence in a guide for your enemies are the men of your owne House Micah 7.2,3,4,5,6 Therefore M. Martin I professe it before you and all the world that were I rationally able I would make no scruple of conscience to help forward with my sword in my hand the distruction of every lawlesse tyrannicall treacherous man amongst you that I should groundedly know to be a ring-leader in the fore-said transcendent vilenesse then I should to help to destroy so many rats or devouring vermin and by your owne fore-mentioned Principles Declarations Protestations Oathes Actions and doings it will undeniably be justified to be lawfull for all the Commons of Englands to do the same towards you But now Sir let us come to some particulars in the first place the 29. Chap and the most excellent Petition of right which I call the English-mans legall treasure doth clearly condemne all the practâ—ses amongst you for they expressely say that no Freeman shall be taken and imprisoned or be disseized of his freehold or liberties or free-customes or be out-lawed or exiled or any otherwise destroyed nor we will not passe upon him nor condemne him but by lawfull judgement of his Peers that is to say equalls or men of his owne condition or by the Law of the Land We will sell to no man we will not deny or defer to any man either iustice or right and that no man be imprisoned without cause shewed or expressed in his Warrant of Commitment nor no man refused Habeas Corpus's for any cause whatever nor no man taken by Petition nor suggestion made to our Lord the King nor his Counsell unlesse it be by Indictment or Presentment of his good and lawfull People of the same neighbourhood where such deeds be done 25. E. 3.4 in due manner or by Processe made by Writ Originall at the common Law nor that none be put out of his Franchises nor of hiâ— Free-holds unlesse he be duly brought in to answer and fore-judged of the same by thâ— course of the Law and that no man hereafter be compelled to make or yeeld any guift bond benevolence taxe or such like charge without common consent by Act of Parliament Now compare your daily and hourly actions to those good just and unrepealed Laws and blush for shame But to wipe all this off you will it may be say the same that is said in your Declaration of the 17 of Aprill 1645 Booke Decl. 2 part pag. 879. That the end of the Primitive institution of all government is the safty and weale of the people which is above all Lawes and therefore the Kingdome being imbroyled in warre necessitated nacessitie compells you to doe many actions contrary to the knowne Lawes of the Land without the doing of which actions wanting the puntillo of the Kings consent you could not save your selves nor the kingdome will admit all this for a truth I pray then why doe you impose such illegall devilsh impossible to be kept contradicting Oaths and Covenants upon all the Freemen of England upon such sever penalties that all men must be disfranchised or destroyed that will not take them and in them without any provisoes eautions limitations or declared exceptions and reservation tye them to maintaine the Law of the Land and the lawfulâ— rightes and liberties of the Subjects of England is not this to force men to sweare to contradict and oppose to the death all your actions and to destory you for doing those actions because they are contrary to the Law and Liberties of England O yee forsworne men for so I may call you all that have taken these illegall damnable hellish and soule insnaring Oaths because ye do your selves and suffer to be done daily such things as tends to the absolute distruction of the Lawes and the lawfull Liberties of the freemen of England which by all these Oaths you have sworne to maintaine and defend with all your might and yet there is not one just nor righteous man amongst you that dare avowedly and publiquely to the whole Kingdom protest against all the rest but by parsilent patient and constant seting there owne approve of all their actions O ye unworthy forsworne men in the highest degree for this may too justly be the stile and title of all and every one of you without exceptions in the condition of the visablest best of whom for Millions of Gold I would not be for if perjuries swearings and false swearings be so odious abominable and detestable unto God as in Scripture he declares they are read Exod 20.7 Lev. 19.11.12 Num. 30.2 Deut. 23.21.22.23 Psal 15.4 Eccl. 5.4.5 Ezek. 17.13.14.15.16.17.18.19 Jer. 24.10 Zek. 5.3.4.9.8.16.17 Then woe wee and vengance upon earth is your vadoubted
or willingly receive relieve comfort aid or maintaine any such person before-mentioned being at liberty out of prison knowing him to be such as before is expressed shall also for such offence be adjudged a fellon without benefit of Clergie and suffer death lose and forfeits as in case of one attainted of Fellony And this Parliament hath made a solemne League and Covenant and voted that no man shall sit in Parliament without taking it nor no man beare any Office without taking it and you have voted and in severall places made the Freemen of England uncapable to give a voice to choose an Officer if they will not take it in the second Article of which unjust unrighteous and wicked contradicting Covenant all those that take it sweare to extirpate Popery 1 part Book Deel fol. 425. and yet notwithstanding the Judges and Justices of peace made by the present Parliament force the Freemen of England against their wills and minds and the Allegation of the fore-mentioned Law and Covenant to pay Tythes the root and support of Popery to a generation of new upstart Romish Priests or Synodian Sion Colledge Jure divino men that have no other Authority and Power to stand by in their function of Presbyterie but what they challenge and derive from Rome having alreadie avowedly in print renounced and scorned any Jurisdiction either from the Parliament or the people of their Parishes by vertue of which their owne avowed claime they are ipso facto within the lash and reach of the fore-mentioned Statute and may by any Freeman of England be indicted at the Assizes or Sessions for Traytors and ought without mercy by the strength of that Law to suffer as Traytors and all those that pay Tythes or otherwise maintaine them after they know they have renounced the deriving of their Power and Jurisdiction from the Parliament and challenge it Jure divino derivitive from the Pope may be indicted as Fellons and ought to die as Fellons Now Sir is it not a piece of gallant justice in the Parliaments Judges Justices and illegall Committee-men to put freemens persons in prison without Baile or Maineprize and to plunder and I think I may say rob divers of them of their goods and cattels for refusing to support Popery after they have sworne to extirpate it by paying of Tythes to a company of Popish Presbyterian Priests that scorne to derive any power from the people of their Parishes and have already publikely and avowedly renounced the Parliaments Power and Authority and doe actually and really claime and assume unto themselves an Ecclesiasticall or Clergie Authority derivitive from Rome Fourthly the Law of England hath provided an universall remedy for all the men of England to recover their debts by from those that are indebted to them the benefit of which Law the present Parliament both doe and will injoy and at their pleasure will sue anie freeman in England that is not one of themselves but are so fortified with their big swolne priviledges that no man shall dare to meddle either with their persons or estates though they owe never so much and yet divers of them will neither of themselves pay use nor principall although originally the exemption of their persons from Arrests be not a priviledge given them for themselves in reference to their particulars but for the good of the Kingdome and People that choose them that so by the malice of any prerogative man or enemy to the just Libertie of the Commons of England they might not by malicious Arrests be molested troubled diverted or hindered for doing their Countrey faithfull service in the place they had chosen them unto But when this priviledge was first given them which in its selfe is just in its institution though now by the present Parliament-men abused in its execution it remained in them but for certaine weeks for then Parliaments were very short being by the ancient and just unrepealed Law of the Land to be chosen once every year or oftner if need required 4. E. 3.14 36. E. 3.10 it being impossible to be conceived that ever they thought then that any Parliament in England should remaine seven years to the cheating cozening and devouring of particular multitudes of men of their particular debts which now are likely by some Parliament-men to be so long owing them that they will not be claimable or recoverable by Law when this Parliament is ended which by its long sitting is and is more evidently like to be the greatest subversion of Englands Lawes Liberties and Freedomes of any thing that ever was done in England King Charles his seventeen years mis-government before this Parliament as you in your Declarations call it was but a flea-biting or as a mouldhill to a mountain in comparison of what this everlasting Parliament already is and will be to the whole Kingdome and therefore I say and will maintaine it upon the losse of my life that the Commons of England may bid adieu to their Lawes Liberties Freedomes Trades and Properties unlesse they speedily take a course for the electing of a new Parliament for the Members of this Parliament many of them to my knowledge judge themselves subject to no rule nor to be governed by any law but say that they are above Magna Charta and the most excellent Petition of Right and may abolish them although there be divers things in them so founded upon the principles of pure reason which by the fundamentall Maximes of the Law are unalterable Doctor and Student Ch. 2. fol. 4 5. see Innocency and truth justified p. 62. and the Morall Law of God that it is impossible for any power whatsoever to abolish them that is not greater then God or hath not derived a just power from him to dispence with his unchangeable Lawes one of which is That Justice shall never be sold nor impartially administred which is with other most excellent rationall and unalterable things ratified expressely in the 29. Ch. of Magna Charta besides all the rest of most excellent things in those two Lawes confirmed many of which are of universall concernment to all the sons of men under any just Government in the world and as for those things contained in them that are rationally in processe of time upon just experimentall grounds alterable and changeable if you will give us better in their places doe when you will without the doing of which by your own grounds and principles you cannot justly change them being impowered and chosen by us to provide for our weale but not for our woe to provide for our better being but not for our worse being 1 part Book Dec. p. 150. Againe fifthly the Law of England hath provided That whosoever breaks the peace shall be punished or whosoever layes violent hands upon a man and if any man doe it to a Parliament-man he will trounce him for it but they themselves can breake the peace and lay violent hands without cause upon the Freemen of
may be returned to the custody and disposing of those persons of whose faithfullnesse and wisedome in managing thereof you have had great experience and that none may be put out of Command in the Trained Bands or Auxiliaries who have been and are of known good affection to the Common wealth All which we humbly intreat may be speedily and effectually accomplished according to the great necessity and exigency of these distracted times and as in duty bound we shall pray c. And having presented it in writing a day two or three after they presented it publiquely in print to the members of the House the issue of which as I have it out of your own Diurnall was thus Die Mercuris 2 Junii 1647 A Petition stiled the humble Petition of many thousands of well affected people was this day read The question being put whether an answer shall be given to this Petition at this present the house was devided the yeas went forth Sir John Evelin of Wilts Sir Michael Levisay tellers for the yea with the yea 112. Mr. Hollis Sir William Luis tellers for the no with the noâ—s 128 so that the quâ—stion past with the negative But the Petitioners going up sâ—me few dayes after for an answer to their petition and being extreamly in base provoking and insufferable language abused by that worshipfull Gentleman Major Generall Massie c. which provoked divers of them to send in a paper to Mr. Speaker as their last farewell the copy of which thus followeth Mr Speaker divers Citizens have been here attending for an answer of a Petition delivered by Sir William Waller on Wednesday last their desire is that the house may be acquainted that the petitioners have seen the Vote of the House and have discharged themselves from further attendance for the present and will notwithstanding still seeke just and equitable meanes for to ease the grievances of this poore distracted Kingdome and comfortably put an end to the groanings of this miserable distressed nation And having sent it in away they came and now in my apprehension have no other course to take but to remonstrate and justly to declare to all the Commons of England and the Army the unpartaleld illegall and tyrannicall dealing of the House of Commons with them and to presse them by force of Armes to root up and destroy these tyrants which without any scruple of conscience they may doe if it were lawfull for the two Houses to levie warre against the King for tyranny declared by them seeing I am sure there is a hundred times greater and more visibler and if it be true as Sir Simon Synod and the John of all Sir Johns now cryes out and sayes that it is not lawfull in any case to fight against the legall Magistrate then I am sure Sir John and Sir Simon are a company of grand Traytors and ought principally to be hanged for being the chiefe Incendiaries in their Pulpets c. to the by past warres against the King who I will justifie it upon the losse of my life by the established law of England the declared government thereof is a thousand times more fenced about and secured so farre as Law can secure then the unjust law and liberty destroying Lords and Commons assembled at Westminster are And secondly I will justifie it that if the principalls or law of reason and nature for preservation take be a sufficient ground to take up Armes against the King and his party as the Hâ—… Parliament have declared they are then the Kingdome and Arm have much more true grounds to take up Armes against them for tyranny visibly avowedly and professedly acted a hundred times more higher and transendent then ever he did that is yet declared And a most reall difference there is betwixt the action of them two in this particular I clearly find by all that J can yet read of either side published to the view of the Kingdome and J thinke that I have read and wayed almost all that is extant that the King by the law of his will did not impose Monopolies and Ship money c. vpon the free men of England but was made to beleeve by his Judges and Counsell at Law being those helpes or assistance that the law of the Kingdom had appointed him to be counselled by out of Parliament that he might impose those things by right or force of the Law of the Kingdome See the dispute in Mr. Hamdens case of Ship-money in the latter end of Judge Huttons Judge Crookes arguments against Ship money pag. 2 3. 4 5 printed by authority of this present Parliament and the Declarations of both sides 1. and 2. part Col. Decl. And indeed to speake according to the declared Law of England the Iudges and his counsell at Law were principally to be blamed and not the King See your own Remonstrance of the 19 May 1642. 1. part book Decl. pag. 199. 304. and the reason in Law is because the Law commands the Judges and Justices of peace and all the rest of the Administrators of it not to delay or disturb common Iustice and right for any command from the King for any other signified by the Great Seale or privie Seale or any other wayes and though such commands doe come the Iudges and Iustices shall not therefore leave to doe right in any point but shall doe common right according to the common Law as though never any such command had been see the 29 chap of Magna Charta and 2. E. 3 8. and 14. E. 3.14 and 11. R. 2.10 And to performe this in every particular every Iudge and Iustice of peace is sworne as appeares by their oathes recorded in Poultons book of Statutes folio 144. and made in the 18. yeare of Edward 3. Anno 1344. which also you may verbatum read in the 29 pag. of a late printed book called Regaâ— tyranny And it was the duty by law that this Parliament ought to the whole Kingdome to have made all those false and wicked Ship-money Judges examples of terror to future generations As King Alfred before the conquest did for as Andrew Horne in his miror of Iustice pag. 296. saith that Iudges and their Ministers who destroy men by false judgement ought to be destroyed as other murtherers which King Alfred did who hanged in one yeare 44. Iudges as murtherers for their false judgâ—ments against the Law whose particular crimes and names he specifieth pag. 296. 297 298 299 300. c. But to your everlasting shame be it spoken you took bribes of some of them after the King had surrendred them up to your justice and after that you had impeached them of high Treason and imprisoned them you set them at liberty to sit upon the seat of justice * Which if they had bin made examples of terror you would have got no Iudges to have executed your arbitrary illegall and tirannicall commands to passe sentence upon the lives liberties and properties of the free-men
wish my Judges were not worse then the unrighteous Judge But Sir seeing it is to no purpose I can no longer now forbeare but must write you my mind to the purpose cost it what it will being now at present as carelesse of you as you are and have been of me and my long but I will not say unsupportable sufferings though I might truly say it if it were not that I had a full faithfull and soule-satisfying God to rest and rely upon and the distresses and hardly to be undergone portion of my wife and little infants But Sir I beseech you give me leave before I lansh into the deep a little mildly to expostulate with you in a friendly way before we fall out and to demand this question of you what I have said or done to you to give you any tolerable cause to deale thus with me as you have done as by your delay of your duty to destroy me and given me too just cause in reference to you to say with David Psal 55.12,13,14 For it was not an enemy that reproached me then I could have borne it neither was it he that hated me that did magnifie himself against me then I would have hid my self from him but it was thou ah man mine equall my guide and mine acqaintance we took sweet counsell together And truly Sir the evill doings of a friend are the most piercing and wounding and the least to be indured and the most odious to God and detestable amongst all rationall and gallant men Jer. 9.4 to the 9. Ch. 12.6 and Ch. 20.10,11,12 But Sir if you have nothing to lay to my charge in reference to your self I desire to know if you have any thing to accuse me of in reference to the publike have I deerted my interest or betraid the Liberties of my fellow Commons of England or have I been sluggish slothfull or cowardly in mannaging the businesse I have in hand or have I been impatient in my sufferings by my madness and folly destroyed my business or given grounded advantage to my adversaries If all or anie of these can be justly laid to my charge I desire not to be spared But Sir if you can say nothing against me by way of miscarriage to you in particular or the publike in generall then I pray you give me leave to demand of you this question What have you to say for your selfe that you have thus delayed to make my report and thereby over and over againe and againe have hazzarded my destruction and utter ruine contrary to law honesty justice reason and conscience If you should say it is not seasonable and that the temper of your House is such that to make it it would do me nor the Kingdome no good but rather a mischief in hazzarding the confirmation of the Lords tyranny towards me by a vote of your House whose spirits are extreamly exasperated against me above all men in England To answer which what do you else then hereby give me too just cause to say of your House in which so many that professe honesty sit though it bee but little demonstrative by their actions that you are a corrupted and degenerated generation of men that are fallen from doing of Justice to the executing of Tyranny and from maintaining defending and protecting according to your duty and the end of your sitting where you do the Lawes and Liberties of the Commons of England to the betraying subverting and destroying them and so have all of you forfeited your trust and your Parliamentary power which as you your selves say 1. par Book Decl. p. 150. was given you to provide for the Peoples weales but not for their woes and have thereby absolutely absolved and discharged the people from all subjection to you and given them cause that sent you to call you home and chuse honester men in your places to call you to a strict accompt for all your tyranny oppression and trechercy and know what you have done with all their money which they may justly by your own arguments against the King do See the second Edition of the Outcries of oppressed Commons p. 4 5 6 7 14 15 16 17 18. And in case of disobedience from you to your trusters and impowers the severall Shires Countreyes and Corporations that choose you what do you else then thereby give them cause to look upon you as you have this foure or five years looked upon the King and deale by you as you have dealt with the King even to wage war against you for betrayers of your trust which they and the whole Kingdome reposed in you who are now degenerated from a just House of Parliament the end of calling of which by the Law is to redresse mischiefs and grievances that daily happen 36. E. 3.10 but not to augment and wholly increase them into a conspiracy and consederacy of lawlesse unlimited and unbounded men that have actually destroyed the Lawes and Liberties of England and that will have no rule to walke by but their owne corrupted and bloody wills and thereby have set up the highest Tyranny that can be set up in the world against which by your owne principles the Kingdome may justly rise up in Armes as one man and destroy all the fore-said conspirators without mercy or compassion as a company of devouring Lions ravening Wolves and crafty Foxes that would destroy the poore flocks of lambs and sheep of this distressed Kingdome the people and Inhabitants thereof for take away Law as the Parliament in a transcendent measure hath done and deny us justice and right as is constantly in a great measure done unto us by the Parliament And what are we now better then the brute beasts of the field the weakest of which are torne in pieces devoured and destroyed by the strongest for remedie◠〈◊〉 which the Parliament against the King took up Armes and when they hâ—d no Law of the Kingdome to warrant them in so doing they make use of the law of nature and reason and tell the King Book Dec. 1 part pag. 207. That this Law is as old as the Kingdome that the Kingdome must not be without a meanes to preserve it selfe but in which of our Statutes this is writ I never yet could heare see nor read of and am very sure it is no where but in their own Declarations and ingraven in the heart of man as a principle of nature and reason which as they very well and justly say teacheth a man or Kingdome to preserve its selfe 1 part Book Dec. pag. â—4 93 94. 112 123. 202. 465. 466. 726 728. see 2. Edition of the Outcries pag. 12 13. And if this Doctrine be true as you avouch it is then it will much more serve against your selves then the King because the King is so fenced about with the Lawes of the Kingdome that it is impossible for a man or Magistrate to bee more and if you are but a betrusted power impowered protempore by the
often late and most illegall and unjust vexatious imprisonments first by the House of Lords to the Fleet secondly he was most illegally by the present Lord Mayor of London fetched out of his shop and committed to New gate for having had in his custody one of the Petitions promoted by the Citizens of London and now thirdly most illegally committed by M. Hollis and the rest of his arbitrary and tyrannicall Committee who had not the least power either by Law or from the House so to doe it And when the said Committee rise the said Citizens by M. Denzill Hollis Sir Philip Stapleton Sir Walter Earle and reverend Sir Samuel Luke with other of their right worthy comrades the planters of tyranny injustice and oppression were abused and called by some of them rogues villains seditious factious fellowes and violent hands laid upon them offering to beat and cane them and to draw their swords upon them and haled and pulled some of them to make them prisoners by the law of their owne will and then the fore-mentioned Members of the House made a most false unjust and untrue report the next day unto the House of the said Citizens carriage and particularly of Major Tulidah by meanes of which the House of Commons outstripped the Pagan Judges of Paul in injustice Act. 25.17 and past a vote to commit or condemne Major Tulidah to prison without hearing or examining any witnesses against him or so much as hearing him to speake one word for himselfe although he waited then at the door of purpose expecting to be called in to speake for himselfe which was not affoorded unto him his fore-mentioned adversaries being both Informers Jurors and Judges but without any more adoe clapt by the heels Which act of the House of Commons is an act of so much basenesse and injustice that the very Heathen and Pagan Romanes will rise up in judgement against these imaginary pretended Christians who by the single light of nature were able to answer Pauls adversaries when they would unjustly have had judgement against him that it is not the manner or Law of the Romanes then Infidells Pagans and Heathens to deliver any man to die before that he which is accused have the accusers face to face and have license to answer for himself concerning the crime laid against him Act. 25.17 But Major Tulidah being in prison as well as M. Nicholas Tue their fore-said friends and fellow-Citizens the next day framed a Petition to the House of Commons Upon the reading of which Petition M. Denzill Hollis and Sir Philip Stapleton knowing their owne guilt and how basely and unworthily they had abused not onely the said Major Tulidah and his friends but also the House in telling and reporting unto them such lies and falshoods of them as they themselves had done they themselves being the truly guilty persons and knowing very well that if Major Tulidah c. had comed to the Bar as both he and his friends desired their basenesse lies and falshoods would have been laid open to their faces before the whole House to prevent which they themselves became and were the principall instruments at the hands of the House to get him his liberty although themselves were the principall instruments to get the House to clap him by the heels yea and have set their agents and instruments also upon honest M. Tue to get him to frame a few lines by way of Petition to the House for his liberty which he absolutely refusing to this very day remaines in the messengers hands a prisoner at Westminster to the apparent ruine and destruction of the poore man contrary to all Law and Justice there being no colour of law or justice for his first commitment and as little law fot the continuation of it which clearly appeares by the Speakers arbitrary and tyrannicall Warrant which thus followeth BY vertue of an Order of the House of Commons these are to require you that Nicholas Tue now in your custody be continued in safe custody untill the pleasure of the House be signified to you to the contrary And for so doing this shall be your Warrant Dated the 19. of March 1646. William Lenthall Speaker To Edward Birkhead Esquire Serjeant and Armes attending the House of Commons I do nominate and appoint George Brag and Henry Radley Gentlemen to be my lawfull Deputies for the due execution of this Warrant dated the 19. of March 1646. Edward Birkhead Serjeant at Armes I pray Sir be judge your selfe whether this Warrant of M. Speakers be not absolutely point-blank against the Law which you have all sworne to maintaine and against the very words of the most excellent Petition of right made in the third yeare of the present King which expressely requires that in all commitments the cause of the commitment shall be expressed which is not in this and so poor M. Tue is deprived of his legall and hereditary priviledge to seek at Kings-Bench Barre c. for a habias corpus and the rather because this tyrannicall warrant hath no legall conclusion as it ought to have viz. and him safely to keep untill he be delivered by due course of Law as Sir Edward Cook your owne learned Oracle of the Law declares in his 2. part of Institutes fol. 52. which is printed by your own special order and yet by your House or at least your Speaker who ought to bee the Conservators of the Law and severe punishers of the violators of it poor M. Tue must be without the least shadow of cause disfranchised spoyled and robbed of the benefit of the Law and must by your wills remaine in prison till it be the pleasure of your House to do justice which I am confident in the way you goe and have lately gone must be till doomes-day in the afternoone for I am sure you have lost the very soule essence and being of true Magistracie which is to doe justice judgement and right and to relieve the afflicted the helplesse fatherlesse and widdow and to let the oppressed goe free and are I will maintaine degene rated into the notoriousest packe of Tyrants that ever in the world were assembled together since Adams creation that professed Humanity Morality and Christianity minding visibly nothing in the world but pleasure oppression tyranny cheating and couzening the whole Kingdome of its treasure and revenue trades lives bloods liberties and properties for which I protest before the Almighty God in my judgement you deserve nothing â—…t to be pulled out by the eares and throwne out to the dunghill and be trodden under-foot by all men that have but the least sparks of justice honor conscience or honesty in them I profess I cannot fully acquit one man of you that sits there being all of you in the eye of both law and reason Accessaries unto the Principals by your base silent tame and patient sitting there and not protesting against their Actions professedly and publikely to the whole Kingdome Acts 7.58 compared
Rash Oaths unwarrantable And the breaking of them as inexcusable Or A DISCOURSE shewing that the two Houses of Parliament had little ground to make those Oaths they have made or lesse ground to take or presse the taking of them being it is easie to be apprehended they never intended to keep them but onely made them for snares and cloaks for knavery as is clearly evinced by their constant arbitrary and tyrannicall practices no justice nor right being to be found amongst them by meanes of which they have declaratorily and visibly lost the very soule and essence of true Magistracy which is the doing of justice judgment equity and right and are become a dead carkasse In which is also a true and just DECLARATION of the unspeakable evill of the delay of justice and the extraordinary sufferings of Lievtenant Colonell John Lilburne very much occasioned by M. Henry Martins unfriendly and unjust dealing with him in not making his Report to the House All which with divers other things of very high concernment are declared in the following discourse being an Epistle written by Lievtenant-Colonell John Lilburne Prerogative-prisoner in the Tower of London to Colonell Henry Marten a Member of the House of Commons and Chaire-man to the Committee for consideration of the Liberties of the Commons of England May 1647. Eccles 5.2.4 Be not rash with thy mouth and let not thy heart be hasty to utter any thing before God but when thou vowest a vow unto God deferre not to pay it for he hath no pleasure in fooles pay that which thou hast vowed Numb 30.2 If a â—an vow a vow unto the Lord or sweare an oath to hind his soule with a bond hee shall not breake his word he shall do according to all that proceedeth out of his mouth Deut. 23.21 VVhen thou shalt vow a vow unto the Lord thy God thou shalt not slack to pay it for the Lord thy God will surely require it of thee and it will be sin to thee Jer. 4.2 And thou shalt sweare the Lord liveth in truth in judgment and in righteousnesse Ezek. 17.15,16,19 Shalâ— he break the Covenant â—nd be delivered As I live saith the Lord God surely in the place where the king dwelleth that made him king whose oath he despised and whose covenant he brake even with him in the middâ—st of Babylon he shall die and my covenant that he hath broken even it will I recompence upon his own head Hos 4.2,3 By swearing and lying and killing and sâ—…aling and committing adultery they breake out and bloud toucheth bloud therefore shall the land mourn Ier. 6.19 Heare O earth behold I will bring evill upon this people even the fruit of their thoughts because they have not harkened to my words nor to my law but rejected it SIR When Israel degenerated from the Law of her Soveraigne Lord and King and followed her own crooked wayes the Lord himself as one that was not delighted in her destruction but rather with her preservation cries out again her to make her ashamed of the evill of her wayes How is the faithfull city bâ—…come a harlot it was full of judgement righteousnesse lodged in it but now murdâ—…ers Thy silver is became drosse thy wine mixt with water Thy Princes are rebellioâ— and companions of theeves every one loveth gifts and followeth after rewards thâ— judge not the fatherlesse neither doth the cause of the widdow come unto them Therefore saith the Lord the Lord of hosts the mighty one of Israel ah I will ease me of my adversaries and avenge me of my enemies Isa 1.21,22,23,24 Sir an enemy to you he is not that shall cordially and heartily tell you of your faults with a desire to reclaim you from the evill of your wayes by so doing Psâ—… 141.5 which task though unpleasant in it selfe he that never in his life knew hoâ—… to flatter nor play the hypocrite and dissembler is urgently necessitated now 〈◊〉 his own preservation to undertake And therefore Sir to give you your due and right I must ingenuously aâ—… knowledge that I have for a long time looked upon you as one of the great pâ—…lars of the Liberties of the Commons of England and your name amongst all juâ—… and unbiassed men hath been extraordinary famous this present Parliament therefore and for this you suffered an expulsion of the House and a reproachfull aâ—… unjust imprisonment in the Tower of London by the guilded men of the time who you then discovered carried two faces under one hood many monetâ—… if not some yeares you continued an ejected person from your just place in thâ—… House And since your re-admission again have there in your Speeches behaveâ— your selfe so gallantly for your Countrey that your name and fame hath loud been spread abroad by it Yea give me leave to tell you that one of your own Members esteemed very honest but by me too prudentiall that is to say too cowardly and too much for himselfe and his selfish interest in a time when a Noâ—thern tempest was likely to arise told me in the Tower that the true lovers 〈◊〉 their Countrey in England were more beholden unto M. Henry Marten for hâ—… sincerity uprightnesse boldnesse and gallantry then to halfe if not all thoâ—… that are called conscientious men in the House And truly Sir having had thâ— happinesse for so I esteemed it often to be in your company I have admireâ— those gallant discourses for the Liberty of this Nation that have flowed from yoâ— so that when I first made my appeale to the House of Commons the 16. of June 1646. and heard that my businesse was referred to a Committee where M. Maâ—ten had the Chaire I was not a little refreshed being even where I would havâ— wished and desired to be thinking that you of all the men in the House 〈◊〉 Commons would have been the most sensible of me and my condition But must deale truly with you I found it otherwise For after by the earnest sollâ—… citation of my wife and friends you and the Committee had examined my buâ—nesse and passed as I was informed gallant and excellent Votes upon it but yet you by your negligence and delay if not wilfulnesse exasperated the spirits of the House of Lords against me and exposed me to their mercilesse fury and devouring indignation by delaying my Report And truly Sir I must give this commendation of them That the tender mercies of the House of Lords are cruelty For upon your examining my businesse and not reporting it they tooke courage to themselves and lock'd me up most illegally barbarously and tyrannically in New gate above three weeks close prisoner from the society of my wife children or friends and would neither suffer me to receive either meat drink money nor any other necessaries from the hands of my wife maid or friends nor suffer my wife to come into the Prison-yard to speake with me before my Keepers out of my window the story of which you
portion if 〈◊〉 everlasting woe and indignation in the world to come But that I may not be sentenced for rashnes in saying this which is not in your Oathâ— and Covenants I will site your owne words and leave them to your judgement to passe sentence upon them First in your Protestation of the 5 of May 1641 I find you sweare in these words To maintaine and defend the lawfull Rights and Liberties of the Subject and every person that maketh this Protestation in whatsoever he shall doe in the lawfull pursuance of the same And secondly in your Vow and Covenant which you commanded to be taken throughoâ—t the whole Kingdome You vow in the presence of Almighty God the Searcher of all hearts that you doe in your Conscience beleeve that the forces raised by the two Houses of Parliament are raised and continue for their just defence and for the defence of the true Protestant Religion which what that is I thinke never a one of your selves knowes And Lawes and Liberties of the Subject against the Forces raised by the King and a little below you all that tooke that Oath declare vow and covenant to assiâ—t all persons that shall take this Oath in what they shall doe in pursuance thereof and if so then â—aver it for a truth that all the men of England that have taken this Oath are bound to assist me or any other whatsoever that shall oppose the Lords and Commons sitting at VVestminster for their apparant indeavoring the distruction of the Liberties of the Subject And in the third place in the preamble to the League and Covenant fram'd in Scotland and most basely illegally and unjustly obtruded upon England and the Freemen thereof with an unsupportable penalty I find that amongst the things the Fraimers of it had before their eyes this is one viz. The true publique Liberty safety and Peace of the Kingdome wherein every ones private condition is included And in the third Article of the Covenant you and all those that took it sweare sencerely really and constantly in your severall eâ—ditions to endeavour with your estates and lives mutually to preserue the Rights and Privileges of the Parliament and the leiberties of the Kingdome and I am sure the Parliament hath often declared though in action they have visablely denied it that they have no Privileges for the destruction of the Kingdome but for the preservation of it nor no Privileges for the over-throwing of good and wholsome Lawes but for the defending and preseruing of them nor no Privileges for the trampling under their feet the Liberties of the Kingdome but to maintaine them in their luster and glory and what they are you may in part read before and in your owne Declaration First part booke Decl. page 6. 7. 38. 39. 77. 123. 201. 202. 209. 277. 278. 458. 459. 548. 660. 720. 845. see the second edition of the out-cryes of oppressed Commons page 8. I shall give you but one notable instance of the most rememberable Vengence of God upon the Hungarians for breaking and violating their Faith and Covenant made with the Turke and it is in the Turkish History made of the Life of Amurath the second the sixt King of the Turkes In which History the fourth edition printed by Adam Islip 1631 I read that the Hungarians were much distressed by inrods and spoyles made by the said Amurath whereupon the States and great men of Hungary chused Vladislaus King of Polonia for their King and Captaine Generall and he made that famous man Huniades his Generall in Transliluania who obtained severall most notable Victories against the Turkes as you may read in the foresaid History folio 267. 269. 273. 277. one of which is extraordinary remarkable that Huniades with 15000. â—ought a pitcht-field with about 80000. Turkes and after five houres there feâ—… a feirce and bloody fight totally overthrew the Turkes by â—…aine dint of sword and just about that time Scanderbeg that â—amous Waâ—rieâ— and wonder of his age for gallant achevements revolted from the Turke which with his great losses be the valiant Hungarians so teâ—…fied old Amurath that in a very great feare of himselfe and his Kingdomâ— he made a peace to his owne particuler great losse for ten yeares with tâ—… Hâ—…garâ—anâ— the capulations whereof were First that Amurath withdraw all his forces and garrisons should clearely depart out of Seruia and restore the same unto the pâ—ssession of George the late Dispot the right Lord and Owner thereof then in armes and confideracy with the Hungarians Delivering also freely unto him his two sonnes Stephen and George who was bereft of their sight he had long time keept in straite prison Also that from henceforth he should make no claime unto the Kingdome of Moldavia nor to that part of Bulgaria which he had in the late Warres lost And finally that he should not invate nor molest the Hungarians nor any part of the kingdome during the whole time of that peace and to paie 40000. Duckats for the Ransome of Carambey one of his Generalls which conditions by solome Oath were confirmed Kiâ—g Vladâ—…aus taking his Oath upon the Holy Evangleâ—…s and Amurath by his Ambassoders upon their Turkish Alcoron inviolable to observe the ten yeares peace and Amurath forthwith faith fully performed those things that he was presently to doe follo 292. but by the perswadtion of divers Princes but especially of Iulian the Cardinall the Popes Legat who in his large and set speech in a full convention urged that against a perfidious enemie as the Turke was it is lawfull for a man to use all cunning force and deceit deluding craft with craft and fraud with fraud and saith he by craft the Turke first passed into Europe and by little and little he crept into that Kingdome and never kept faith with any It is sometimes lawfull for the common-weale sake neither to stand to our Leauges neither to keepe our faith with them that be themselves faithlesse lawfull saith he it is to breake unlawfull Oaths especially such as are thought to be against right reason and equitie therefore saith he make no conscince of the League you made with the Infidell upon which the King Vladislaus condescended to be absolved by the Cardinall from his Oath and Covenant and prepaires for wars against the Turkes and the Turke with his army met him and pitched battle within Arvarna that fatall place to the Hungarians and when the battle came close to be joyned it was cleare of the Christians sides who had put to flight both the wings of the Turkish armie insomuch that Amâ—…th dismayed with the flight of his Souldiers was about to have fled himselfe cut of the maine battle had he not bin stayed by a common souldier who laying hands upon the raines of his bridle stayed him by force and sharply reproved him for cowardize And Amurath seeing the great slaughter of his men and all brought into extreame danger beholding the picture of the crucifix in the
displayed ensignes of the voluntarie Christians pluckt the writing out of his bosome wherein the League was comprised and holding it up in his hand with his eyes cast up to Heaven said Behold thou crucified Christ this is the League thy Christians in thy name made with me which they have without cause violared Now if thou be a God as they say thou art and as we dreame revenge the wrong now done unto thy Name and me and shew thy power upon thy perjurious people who in their deeds deny thee their God Whereupon there began a most cruell and feirce fight the successe of which within alittle while wholy fell to the Turkes who having slaine King Vladislaus and discomforted his Army Huniades that most valiant Captaine was forced to fly for his life and it is observable that in this battle were destroyed all the chiâ—fe Authors and Actours yea Iulian himselfe in breaking the Oath Covenant and League they had made with the Turke Folio 297. 298. which overthrow proved a fatall and dismall blow to the Hungarians which may be a good warning to all men in the world not rashly to enter into an Oath or Covenant but delibrately and with a resolved resolution enviolably to keepe and observe it which is impossible for any man breathing to do yours For first I read in the 1 Eliz. Chapter 1 that all and every Arch-Bishop Bishop and all and every other Ecclesiasticall Person and other Ecclesiasticall Officer and Minister of what estate dignity preheminence or degree soever he or thay be or shall be and all and every temporall Judge Justice Mayor and other lay or temporall Officer and Minister and every other person having your highnesse sees or wagges within this Realme or any your Highnesse Dominions c. shall take that Oath following viz. THat the King is the onely supreme Governour of this Realme and of all other his Highnesse Dominions and Countries as well in all Spirituall or Ecclesiasticall things or causes as Temporall And a little below all that takes it which all you Parliament men must and ought to doe or else you cannot sit as by the Statute of the 5 Elz. 1. appeares sweares and promises that from henceforth I shall beare faith and true Alleagence to the Kings Highnesse his Heires and lawfull Successors and to my power shall assist and defend all jurisdictions priviledges prehemanencies and authorities granted or belonging to the Kings Highnesse his Heires and Successors vnited and annexed to the imperiall Crowne of this Realme And by the Oath of Allegiance inacted the 3 of Jam. chapter 4. which principally and originally was made for Popish Recusants to take and for such men of England as traviled beyond the Seas to serve any Forraigne State or Prince though of late yeares as I am informed imposed upon all Members of Parliament before they are admitted to sit there in which Oath you and every one that takes it sweares and declares in your Conscience before God and the World that our Soveraigne Lord King Charles is lawfull and rightfull King of this Realme and of all other his Majesties Dominions and Countries and that the Pope neither of himselfe nor by any Authority of the Church on Sea of â—ome or by any other meanes with any other marke the last clause well hath any power or authoritie to despose the King or to dispose any of his Majesties kingdomes or dommious or to authorise any Forraigne Prince to invade or annoy him or his countries or to give lisceuce or leave to any of them to beare Armes raise Tumults or to offer any violence or hurt to his Majesties Royall Person State or Government or to any of his Majesties Subjects within his Dominions And a little below he that takes that Oath sweares I will beare Faith and true Allegiance to his Majestie his Heires and Successors and him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever marke the word whatseover which shall be made against his or their Persons their Crowne and Dignitie by reason or colour of any such Sentence or Declaration or otherwise make the word otherwise well and will doe to my best endeavour to disclose or make knowne unto his Majesty his Heires and Successors all treasons and treacherous conspiricies which I shall know or heare of to be against him or them And below the Oath saith I do beleeve and in conscience am resolucd that neither the Pope nor any person whatsoever note the foure last words well hath power to absolue me of this Oath nor any part thereof which I acknowledge by good and full authoritie to be lawfully ministred unto me and doe renounce all Pardons and Dispensations to the contrary and all these things I do plainly sincerely acknowledge and sweare according to these expresse words by me spoken according to the plaine and common sence and understanding of the same words without any equevocation or menthall evation or secret reseruatiâ—n whatsoever And I doe make this recogniction and acknowledgemeni heartily willingly and truly upon the true faith of a Christian So helpe me God And adde unto these your fore-mentioned Covenants and upon them all I conclude it is impossible for any man breathing to keepe them Now Sir set aside the evill ingredients of these two Legall or Statute Oaths fore-mentioned which were easie in my judgement to be evinsed especially that clause of the Oath of Supreamicy recorded 1 Eliz. 1 the expresse words of which are That the King is the onely Supreme Governour of this Realme and of all other his Highnesse Dominions and Countries as well in all Spirituall or Ecclesiastiall things or causes as Temporall To say nothing of the Temporal part of it I will desire you to satisfie me in two or three things of the Spirituall First whether or no Jesus Christ by God the Father was not appointed to be the perfect Law-maker and Law-giver unto his visible Church on earth under the Gospell and so to settle it that there should be no roome at all left for Kings Parliaments or any other power on earth to adde to or detract from what he by the eternally and everlasting assigament of his Father was to doe in that particuler Secondly whether or no he hath beene faithfull in executing fully the will of his Father in this particuler Thirdly whether or no to deny his faithfulnesse or to set up in the Spirituall Church House or City of Jesus Christ the dictats lawes or injuntions or commands of Kings Parliaments or any other earthly power whatsoever be not an absolut denyall of the faithfulnesse of Jesus Christ a calling the Scripturea lie and false thing and a Declaration that he that we owne of our annointed Mesias or Seviour is a Theese Deluder and false Prophet and not the true reall and great Prophet professed of old to be sent into the world as the Atoner of man unto God the King of Saints as well as the
King of Kings unto whom all power in Heaven and Earth was to be committed to make absolute perfect sperituall Lawes unalterable unchangable by any King Parliament or Potentats whatsoever Fourthly whether there can be greater treason committed on earth by man against Jesus Christ then to disclaime and renounce him and his absolut Kingship by swearing that either the Pope or any King Parliament or Potentats are the head or onely supreame Governour in their severall Kingdomes Dominions or Jurisdictions in all Sperituall or Ecclesiasticall things or causes Lastly whether Kings Parliaments and Magestraites as Kings Parliaments and Magestrates have any thing at all to doe with the Sperituall House City or Church of Christ on earth and whether that if any of them clame any interest power or authority in the Church of Christ it be not by vertue of their Saintship not Kingship and whether or noâ— the worship and service of the soule spirit or inward renewed man be not the absolute alone and onely right of God and as much his single due without compettitors as the obedience and subjection of the body outward man and estate is the right and due of Caesar Kings Parliaments or Potentats But Sir to returne back againe unto the Oath I beseech you let me aske you whether are not those men forsworne that have taken the formentioned Oaths and then within a little while after give men commissions to fight with kill and slay the very same man they had so sworne unto for the tenor of the Earle of Essex Commission was to kill and slay all those that opposed him and in the head of that Army who opposed him was the King who was as possibly to have been killed in the battle as any other in the Army Nay Sir is it not the highest of contradictions that when you have authorized men three or foure yeares to fight against the King and have taken him prisoner and so keep him yet you shall force men although they be freely chosen by their Country before you will admit them to set in your house to take the fore recited Oaths to be true to the King truely for my part the Oaths to me are so notablely penned that I know not with what evasions or distinctions you or any of you that have taken the said Oaths are able rationally to free your selves considering your actions from being forsworne and perjured if a man may so call it befor conviction I pray you Sir give me leave here to recite your late negative Oath and so whether it be not point blank against the Oaths of Allegience and Supremisie before recited the negitive Oath begins thus I A. B. do sweare from my heart that I will not directly nor indirectly adheare unto or willingly assist the King in this Warre or in this cause against the Parliament nor any forces raised against the two Houses of Parliament in this Cause or Warre and I do likewise sweare that my comming and submitting my selfe under the power and protection of the Parliament is with any manner of designe whatsoever to the prejudice or proceeding of this present Parliament and without the direction privity and advise of the King or any of his counsell or Officers other then what I have now made knowne so helpe me God and the contents of this Booke This is the Oath that all the Cavaliers take or by your orders ought to take before they can make their composition therfor I pray you let me aske you these question First whether or no this Oath called the Negative Oath be not absolutly point blanke opposit against the Oaths called the Oaths of Suppremisie and Allegience Secondly whether or no are not all those Cavaliers that take this Negative Oath that have taken the two former absolutly forsworne and perjured and what trust or confidence is to be put in perjured Persons I leave you to judge Thirdly Whether or no are not the Parliament it self the maine instruments of these mens perjury in forcing many times this negative Oath and others upon them against their wills mindes and consciences and so for any thing they know send them headlong to the devill which is one of the most wickedest actions in the world Now Sir to conclude this point I would faine in the third place know how it is possible for any of you to swâ—er in truth in judgement and in righteousnesse as you ought Iere. 4.2 When you take or make Oaths by formes the ingredients of which admits in your own understandings of various interpretations so that you are but in a doubting condition whether that sense you take it be the true sense or no and so hereby the end of an Oath is frustrate in you for by Gods appointment it ought to be the end of all controvercy and strife Heb. 6.16 but to you these Oaths are but the beginning of them and so in that preticular alone altogether unlawfull Fourthly Seeing Iesus Christ in the fist of Matth. 34.35,36,37 expresly saith Sware not at all neither by heaven for it is Gods throne nor by the earth for it is his foot-stool neither by Hierusalem for it is the city of the great King Neither shalt thou swear by thy head because thou canst not make one haire white or black But let your communication be yea yea nay nay for whatsoever is more then these commeth of evill and the Apostle Iames chap. 5 12. saith but above all things my brethren sware not neither by heaven neither by the earth neither by any other Oath but let your yea be yea and your nay nay lest ye fall into condemnation And seeing that in all the New Testament there is not the least rule at all for any that professe the fear of God to forsware at all in any case whatsoever unlesse it be that a ground for swearing can be fetched from that of the sixth of the Hebrewes 16. which if it can it is but in one case only namely for confirmation of that truth which a man delivers for the ending of all strife as I conceive betwixt party and party but that which a man swears he must be sure of it and that hee knowes it in his own knowledge to be true or else hee sweares not as God requires as before is truly observed Now Sir these things premised and seriously considered I desire to know of you from whence you or any Parliament upon earth fetcheth and derives your Power Ground or Authority to make and impose such formes of Oathes as the Oathes of Supremacy and Allegiance are or the Oathes of your Vowes and Covenants before mentioned are that have not only so many dubious things in every one of them but also are expresly against the positive command of Christ the Anointed King of Saints as well as King of kings and by whom Kings rule for my part I protest it freely before the God of heaven and earth I think it as lawful for me to cut mine own throat as to
take all or any of your fore nentioned unwarrantable Oathes for he that hath said Thou shalt not kill hath also said thou shalt not in that manner swear And I would fain know of you what confidence the Parliament upon sollid grounds can put upon any men in England that are so ready and willing to swallow your oatâ—es that now are become nothing else but cloaks of knavery and breeders of strife and mischief therefore for shame say them all down and presse them no more upon any man whatsoever for he that consciensiously maks nothing of an Oath will make as little of breaking his Oaâ—h whensoever it shall make for his profit ease or preferment whereas to hâ—m that conscienciously scruples an Oath his bare word promise or ingagement is the sencerest tye in the world which he would not willingly violate for all the earth But Sir to return to your forementioned grand Objection That your Houses are not in a temper to hear my report and to do me justice upon it I pray Sir what is the reason of it Is it because there is a Faction of great men in it that hates my person and therefore though my cause be never so just yet they will do me no right and if so then I tell you plainly without fear they are a company of Factious knaves and not a company of righteous Judges who ought in judgement to be so impartial that they should not regard or respect persons but the justnesse of their cause Or Secondly it is because I have not the Law of the Land sufficiently on my side and if so it is the easier judged against me but why did you receive and approve of my appeple to your house at first but know Sir that although I be no Lawyer yet I dare throw the gantlet to all the Lawyers in England and against them all before any Legall Barre in England will plead my own cause my selfe and justifie and prove the Lords proceedings with me to be point blanke against the good old and unrepealed Law of England and this I will do at my at most perrell yea let the Lords in the front put their lying Champion William Prinn the basest and lyingest of men who in less then eight lines hath told and printed twelve or thirteene notorious lyes against me see Inocencie and truth justified page 4. 5. 6. and hath such a firey zeale to my distruction that in his late booke called The Sword of Christian Majestracy supported hee would have the two Houses without Law by the power of their owne wills to hang me for no other cause in the world but for being zealous and couragious in standing for the Laws and Liberties of England which you and he have sworne vowed and covenanted to maintaine preserve and defend and for which you have shed at least in pretence so much English blood Oh brave Prinn a fit man indeed to be a Privy-Counseller to the great Turke whose will is his Law Or in the third place it is because the Lords are so great that you dare not do me justice and right for feare of displeasing them and if so why doe you not tell the Kingdome so for it is not a â—…tâ—le conserned in the contest betwixt the Lords and my self that we may follow your former pattren to know the names of them among them that are enemies to our Liberties and just Free some and so indeavour to give them their just deferâ—s For I read in the 547 548. pages of the first part book Declaration that upon a lamentable Petition of many thousands of pore people in and about the City of London the House of Commons appoynted a conference with the Lords where Mr. Hollis whose actions demonstrats thereby his ambition is not to be lesse then a Duke or a petty King though not in title yet in power and domination one of the chiefest stickler then against the King in the whole house and one of the chiefest Beginners Causers and Promoters of the by-past warres against the King pressed the Lords at there Barre to joyne with the house of Commons in their desire about the Militia and further with many expressions of the like nature desired in words to this effect that if that desire of the House of Commons were not assented too those Lords who were willing to concur in would find some means to make themselves knowne that it might he knowne who were against them and they might make it knowne to them who sent them yea in page 557 ibim it is positively aver'd that he required the names of all those of that House which would not discharge that they then â—alledther Kingdom se the Junctoâ— notable Declaration at Oxford the ninteenth of March 1643. page 10. 11. 12. and Mr. Hollis his owne printed Speech and if this fore recited practis were just then it is also in the like case just now yea and the rather because our case is ten times worse now then it was then and our Lawes and Liberties principally by the House of Lords means and their Arbitrary confederates in the House of Commons are now a giving up to the eyes of all rationall and knowing impartiall men their last breath yea and verily there is but one step betwixt Us the Commons of England and perfect and absolute slavery which I for my part had rather be hanged if it were possible ten thousand times over then indure but Sir remember that you in your excellent Declaration of the 19. May 1642. 1. part book Declaration pag. 207. tell us that this law is as old as the Kingdom that the Kingdom must not be without a means to preserve it self and I say by your own declared principles that if you our ordinary and legall means will not preserve us but rather destroy us we may justly by extraordinary and rationall means preserve our selves and destroy you our treacherous destroyers Or lastly is it be cause your House hath already done the last Act of Justice that ever they intended to doe for the Commons of England there Impowerers Lords and Masters and therefore I cannot expect the making of my report indeed Sir I ingniously confesse unto you I think this is the true reason indeed though you do not in plain English words tell us as much yet by your actions you undeniablely declare it for truly many say that there is no Iustice nor right to be had at your hands and for our Laws they only serve you to destroy us at your pleasure or to serve your ends when your hot burning malice is incensed against us which if they serve for your ends they shall be your engines tu undoe us But they do not in the least serve to defend or protect us against you but when we should use them against any of you as justly we may See your own excellent Declaration of the 26. May 1642. 1 part book Declar. p. 278. Sir Ed. Cookes 4. part institut chap. of the High Court of
Parliament they are esteemed and made by you of no more worth and strength then Samsons green withes with which he was bound which at his pleasure he brook as a thred of tow is broken when it toucheth the fire Iudg. 16.9 As for instance by the 1. Eliz. cap. 2. it is inacted That whosoever shall not diligently and faithfully having no lawfull or reasonable excuse to be absent indeavouring themselves to resort to their Parish-Churches or Chappels accustomed or upon reasonable let thereof to some usuall place where Common Prayer and such service of God marke it well shall be used shal be dealt with as is contained in the foresaid Statute which Statute is confirmed by the stat of the 23 Eliz cap. 1. and the penalty increased as thâ—re you may read which Statutes are also câ—…firmed by 29. Eliz. 6 35. Eliz. 1.3 Jam. 4. Now Sir I pray you take notice that these and the like laws doth not say He that will not come to Church to hear Sermons or Directory but he that doth not come to some usuall place where Common Prayer and such marke that service of God shall be used shall be punished so and so as in 1. Eliz chap. 2 and by the 23. Eliz. chap 1. He that doth not repaire to some Church Chappell or usuall place of Common-Prayer shall forfeit 20 l. a moneth and be bound to his good behaviour c. And the other Statutes all refer still to the place where Common-prayer is used see the Statute of Conventicles being the 35 Eliz. chap. 1. Now Sir the present Parliament having taken away the Common-Prayer and set up a Directory which these lawes never knew nor mention the sting of these Lawes are gone in that particular for how can I in Iustice be Indited for not comming to heare Common-Prayer when the Parliament that now exerciseth an absolute law-making and regall power will not suffer it under severe penalties to be read or remain in being in Parish Churches And that the Parliament hath taken away Common prayer appears by their printed Ordinance of the third of January 1644. and by their Ordinance of the twenty three of August 1645. Booke Declaration 2 Part Folio 715. 716. yea in the last recited Ordinance the Parliament ordaines that the said Booke of Common-Prayer should not remaine or be henceforth used in any Church Chappel or place of publick Worship within the Kingdom of England and Dominion of Wales and that the Directory for publick Worship should be from thenceforth use pursued and observed And is further ordained there That if any Person or Persons whatsoever shall at any time or times hereafter use or cause the aforesaid Book of Common-Prayer to be used in any Church Chappell or in any other publick place of Worship or in any other private place or Family whatsoever within the Kingdome of England and Dominion of Wales that then every sâ—oâ— Person offending therein shall for the first offence for fit the sum of 5. l. for the second offence the sum of ten pound and for the third offence shall suffer one whole yeares imprisonment without baile or main prise And is it therefurther ordained that all Common-Prayer Bookes remaining in Churches or Chappell 's shall within a moneth after the pulishing of this Ordinance be by the Church-Wardens c. under the penalty of forty shilling carried unto the Committes of the respective Countries where they shall be found to be disposed of as the Parliament shall direct And besides the Parliament by Order and Ordinance hath not as yet to this day appointed any punishment at all for men that doe not come to their parish Churches or Chapples to heare sermons or the Directory or that meet in privat houses commonly called Convinticles Therefore though I stay seven yeares from Church and constantly meet in private houses there is by the Parliaments principalls neither Law nor Ordinance in force for any Judge or Justices of the Peace to indict me or any other or any otherwise to molest or troubâ—e me And as for the Ordinance of the 26 of Aprill 1645 and the Order of the House of Commons the 31 of December 1646 they onely declare they dislike and their intentions to proceed against all such persons as shall take upon them to preach or expound the Scriptures in any Church or Chappell or any other publike place except they be ordained either here or in some other reformed Churches c. but it saith not a word to any of those that heare them or any that comes not to their parish Churches but meet in privat houses neither doth it authorise any Judges Justices of peace or any other persons whatsoever to punish those unordained preaching persons but reserves the power of punishment to themselves without declaring as yet what it is And yet notwithstanding all this That all men that use the Common-Prayer are liabell to the punishments before recited multitudes of honest godly consciencious persons well-affected men to the Parliament who have ventred al they have for its preservation are continually indicted and punished by the Parliaments Judges and Justices of peace for not comming to there Parish Churches to heare common prayer for there are no other Statutes to authorise them to punish any for not comming to their parish Churches but those very Common prayer Statutes O brave Parliament Justice what is this else but perfect ingling or playing at Hocus poâ—us Sir I beseech you let me aske you this question if an Ordinance of Parliament be not as strongly valievd and as forciable to take away a Law as coutrary to the Law to create and impower a Judge or Justice to execute a Law in force and whether or no that Judge that is made by Ordinance of Parliament be not an absolute Murtherer and a Contemner of the Parliaments authoritie in the opinion of all that hold the present Parliaments principalls if he shall take away a mans life or otherwise punish him for transgressing of a Law which the Parliament by Ordinance hath taken away and I said a sever penalty upon any man that shall obserue or doe the thing injoyned and commanded by that Law how can a Judge in truâ—h and righteousnesse sweare to execute the Law when hee hatâ— not al wâ—… power in him but is made by a power opposet to the Law see the 27. Hen. 8.24 In the second place by the Statutes of 1 Edw. 6 chap. 12. 39. Eliz. chap. 15. the stealing of Horses Geldings or Mares and the fellonous taking away in the day time as well as the night of any money goods or cattle being of the value of five shillings or upwards in any dwelling house or houses or any part thereof or any out-house or out-houses be longing and used to and with any dwelling house or houses although no person shall be in the said house or out-houses at the time of such fellonie committed shall in both cases loose the benifit of their Clergy
of England and if I mistake not one of them continues a Judge in your Commission to this very day by meanes of which base and wicked practises of yours I meane the two Houses this poore Kingdome under the pretence of Law hath bin by you fild â—th more oppression injustice then ever it underwent in so short a time since the Norman Conquest there being neither pure Iustice nor Right to be had according to law at the hands either of your Iudges or Iustices of peace being in every particular as corrupt as either the House of Lords or Commons Tyburne or at least to row at Oares as slaves being the fittest portion for the most part of them there being never such out-cryes in the Kings time against has Judges and Justices as youâ—s denying dayly the benefit of Magna Charta and the Petition of Right to any free-man that a knavish Parliament man appears against as I could easily enumerate divers instances if it were seasonable but I will keep it in banke for a representation for the Army or the next Parliament where I hope they will take speciall care what ever they doe with the present base Judges and Iustices of peace to provide an act of Parliament that we may have our lawes where they aâ—e ambigues and doubtfull made as plaine as can be made and all our proceedings in law in English briefe and short in plain English words and quickâ—y to be discided And that it shall be treason in any Iudge or Iustices by vertue of any command whatsoever to pervert the Common law and the Common Iustice of the Kingdome and without such a law and an Annuall Parliament to see it executed the constitution of which in point of Elections had extraordinary need to be amended for now some Counties chusing about 50. As Cornewell and others none as the County of Durham and their corporations many times made by bribes given to corrupt Courtiers to obtaine the Kings Letters patents which meerly flowes from his will to inable them to chuse two Burgesses for Parliament in divers of which petty and paultery Corporations throughout the Kingdome any base fellow for 20. or 30 I may by so many voices as will make him a Burgesse of Parliament and divers of thâ—se corporations consisting for a great part of Inns and Ale houses will be sure to chuse no other Parliament men but such as are given to deposednesse expensivenesse wickednesse and drinking or at least some Ninnie and Grose wrictor by a great man that as Dr. Bastwick saith hath no more wit in him then will reach from his nose to his mouth And this is the true reason why our Parliament men in all ages have so little regard to the Common and iust liberties of the Kingdome or to the iustice and equity of the lawes they make And therefore as I said in the 54. pag. of Londons Liberties so I say now to you that it would be more rationall and a great deale fuller of justice and equity to destroy all these illegall Corporations and fix upon them the certain number of Parliament men be they 600. 500. or 400. or more or lesse as by the common consent shall be thought most fit and equally to proportion to every Country to chuse a proportionable number sutable to the rates that each County by their bookes of rates are assessed to pay towards the defraying of the publique charge of the Kingdome and then each County equally and proportionably by the common consent of the people thereof to divide it selfe into Divisions Hundreds or Weapontacks that so all the people without confusion or tumult may meet together in their severall divisions and every free man of England as well poore as rich whose life estate c. is to be taken away by the law may have a Vote in chusing those that are to make the law it being a maxim in nature that no man iustly can be bound without his own consent and care taken that this may be once every yeare without faile and to hold for a certain number of dayes without which this Kingdome will never be free from warres misery and commotions but from this present Parliament I neither looke for good to my particular selfe or the Kingdome in generall the constant and uninterrupted serious of all your visible actions being a visible and cleare demonstartion to the eyes of every unbiosed impartiall and rationall man in England of an absolute violation of the lawes and liberties of England and setting up a perfect tyranny declaring thereby both in the sight of God and man that you have sold and given up your selves to worke and act all manner of wickednesse and impietie admitting no other rule either of reason law or justice to square your actions by but your own perverse and crooked wills being an absolute kind of monsters of the Divells but not of Gods creation who never made any man lawlesse as you avowedly professe your selves to be robbing and poling the poore Kingdome by all manner of illegall taxations Excise c. and then sharing it amongst your selves making nothing of fifty thousand pounds at one breakfast in one morning for ten of your owne Members viz. Mr Denzel Hollis Mr Walter Long c. and for all your Hypocriticall cheating and selfe denying Ordinance within a little while after as I am informed in state Mr. Long as I am told worth five thousand pounds per Annum viz. the Register of the Chancery and make the two Speakers both of whom have been impeched if not of treason yet of high misdemeanors were never yet iustly cleared and acquitted keepers of the great Seale of England to raise up their justly lost repute with the people thereby declaring that it is your study and delight to make use of the corruptest and basest of men amongst you to tyrannize over the people and yet the worst amongst you are so pure and holy that you must not be touched questioned or called to an account for any thing that you say or doe so that your pretence to all our liberties estates trades proprieties and lives is not the law of the kingdome * For Col. Burch a Member of the House of Commons before another Member and the Lieutenant of the Tower did aver before them the other day to iudge Ienkins when he questioned the legality of their proceedings that they did not stand upon the Law nor warrant their actions thereby but saith he we have conquered you by the Sword and by the Sword we will hold it Therefore looke about you Free men of England give the Tyrants their deserts but your owne inherent corrupt lusts and unbounded wills so that the dâ—fference betwixt you and the King is visible enough and that we have got by our exchange of our former government for your tirannicall domination for I never read not heard that the King in the worst of his raign within it selfe simply considered was I thinke bad enough
and not to be justified and which I my selfe felt as much as any man in England yet compared to yours was glorious and beautifull for did he ever cause to be burnt by the hands of the Common hangman the Petitions of those that he by his Declarations had invited to Petition to him and who in his greatest straites had been most hazardous for him and truest and firmist to him both of which you have done as is before proved Neither in the second place did I ever read that he did proclame and declare such men to be Rebells and Traitors but for going about to make their just and pressing grievances knowne which you have done to the Army yea to such an Army as I thinke I may iustly say in every particular the world never had any as may larger appeare by their Petition and your declaration which as it is printed by themselves or some of their friends thus followeth The Armies Petition TO HIS EXCELLENCY SIR THOMAS Fairfax Generall for the Parliaments Forces The humble Petition of the Officers and Soldiers of the Army under your Command Sheweth THat ever since our first ingagement in the service for the preserving the power of this Kingdome in the hands of the Parliament we have in out severall places served them with all faithfullnesse and although we have laine under many discouragements for want of pay and other necessaryes yet have we not disputed their commands disobeyed their Orders nor disturbed them with petitions nor have there any visible discontents appeared amongst us to the incouragement of the enemie and the impediment of their affaires but have with all cheerfullnesse done Summer service in Winter seasons improving the utmost of our abillities in the advancement of their service and seeing God hath now crowned our indeavours with the end of our desire viz. the dispercing of the pulique Enemie and reducing them to their obedience the King being now brought in our brethren the Scots now satisfied and departed the Kingdome all danger seemingly blown over and peace in all their quarters We imboldned by the many fold promises and Declarations to defend and protect those that appeared and acted in the service doe herewith humbly present to your Excellency the annexed Representation of our desires which we humbly beseech your Excellency to recommend or represent in our behalfe unto the Parliament and your Petitioners shall ever honour and pray for your Excellency c. The humble Representation of the desires of the Officers and Soldiers of the Army under the command of his Excellency Sir Thomas Fairfax presented first â—o his Excellency to be by him presented to the Parliament 1. Whereas the necessity and exigency of the warre hath put us upon many actions which the law would not warrant nor we have acted in a time of setled peace we humbly desire that before our disbanding a full and sufficient provision may be made by Ordinance of Parliament to which the royall affent may be desired * * * In this we desire no more then the City and Parliament have done before us notwithstanding their many notable and home Declarations against the King for our indemnity and security in all such cases 2. That Auditors and Commissioners may be speedily appointed and authorized to repaire to the Head quarters of this Army to audite and state our accompts as well for our former service as for our service in this Army and that before the disbanding of the Army satisfaction may be given to the Petitioners for their Arrears that for the charge trouble and losse of time which we must otherwise necessarily undergoe in attendance for obtaining of them may be prevented we having had experience that many have been reduced to miserable extremity even almost starved for want of reliefe by their tedious attendance and that no Officer may be charged with any thing in his accompts that doth not particularly concerne himselfe 3. That those who have voluntarily served the Parliament in the late war may not hereafter be compelled by presse or otherwise to serve as Soldiers out of this Kingdome nor those who have served as Horse-men may be compelled by presse to serve on foot in any future case 4. That such in this Army as have lost their lives and the wives and children of such as have been slaine in the service and such Officers and Soldiers as have sustained losses or have been preiudiced in their estates by adhering unto the Parliament or in their persons by sicknesse or imprisoment under the Enemy may have such allowance and satisfaction as may be agreeable to iustice and equity 5. That till the Army be disbanded as aforesaid some course may be taken for the supply thereof with money whereby we may be inabled to discharge our quarters that so we may not for necessaries be forced to be beholding to the parliaments Enemies burthensome to their friends or oppressive to the Country whose preservation we have alwayes indeavoured and in whose happinesse we shall still reioyce Courteou-Reader The foregoing is a true copy of the Petition promoting in the Army which the Parliament are too much offended with and therefore let the righteous God and all ingenious men iudge if the desires of this Army be not rationall iust and equitable and let the Lord of Heaven and Earth behold what here is desired to occasion such a Declaration against this innocent Army 〈◊〉 any the Officers thereof as is here unto annexed and let men that love 〈◊〉 â—…edome and hate tyrants looke about and consider if it be not the deugâ—… of those few men that abuse the Parliament maliciously making odious reports 〈◊〉 the House of the actions of that Army in the worse sence they can devise as Stapleton Hollis Luke and Earle lately did in the like câ—… 〈◊〉 abominable act of coÌ„mitting Ma. Tulidah without ever heâ—ring what a 〈◊〉 say for himselfe anâ—niurie so much formerâ—y complained of by theâ—… 〈◊〉 and â—…act of the highest iniustice in the world to condernâ—… 〈…〉 â—…aring and when both his friends and himselfe did most 〈…〉 â—e might be brought to their barie that the honâ—… 〈…〉 â—…tly informed of the demeanor of these Members 〈…〉 â—…riâ—g â—hat Maâ—or Tulidah should discover them at thâ—… 〈…〉 â—…emies to the legall and iust liberties of the people which to prevent they became the only instruments to get him his liberty and with ut hearing they forthwith got him released A Declaration of the Lords and Commons assembled in Parliament Die Martis 30. Martii 1647. THat the two Houses of Parliament having received information * * The informers are said to be Col. Rossiter and Col. Harlow both members of the House of Commons and the Army likewise of a dangerous Petition with representations annexed tendâ—ng to put the Army in a distemper and muteny to put conditions upon the Parliament and obstruct the reliefe of Ireland which hath been contrived and promoted by some persons in the Army
They doe declare their high dislike of that Petition their approbation and esteem of their good Service who first discovered it and of all such Officers and Soldiers as have refused to joyne in it and that for such as have been abused and by the parswasion of others drawn to subscribe it if they shall for the future manifest their dislike of what they have done by forbearing to proceed any further in it it shall not be looked upon as any caus to take away the remembrance sence the houses have of the good service they have formerly done but they shall still be retained in their good opinion and shall be cared for with the rest of the Army in all things necessary and fitting for the satisfaction of persons that have done so good and faithfull service and as may be expected from a Parliament so carefull to performe all things appertaining to honour and justice as on the other side it is declared that all those who shall continue in their distempered condition and goe on in advancing and promoting that petition shall be looked upon and proceeded against as enemies to the State and dâ—sturbers of the publique peace Die Martis 30. Martii 1647. Ordered by the Lords assembled in parliament that this Declaration be forthwith printed and published John Brown Cler. Parliamentorum Now Sir to conclude the tyrannicall house of Lords having most illegally barbarously tirannically and unjustly committed me to prison and sentenced me under whâ—se tyranny you are willing to suffer me to perish and then by your and their whifling and buking Curs to bespatter and reproach me in print thereby strongly indeavouring to mâ—ke me as odiouâ— in the eyes of the sons of men as Job was in all his botches and alasse pocre I must be kept in priâ—… 〈…〉 without pen or inke accesse of friends or any 〈…〉 and so deprived of all means to vindicate my 〈…〉 â—…ce write in my owne behalfe and set my name to wiâ—… 〈◊〉 â—…ing alwayes ready to owne and iustifie my lines and to seale then with my 〈◊〉 blood yet my wife must be made a prisoner and fetched up to your arbitrary Committees for dispersing of my bookes and the book women in Westminster Hall that sell them must have then shops and houses searched and rob'd of all my bookes by your Catch poules and if you suspect any for printing of them they must be sure to be dealt worse wiâ—h then if they were Traytors and enemies to their Country and have their houses rob'd and spoyled of their goods and presses with which they earne bread for them and their families and carried away by force before any legall tryall or conviction of any crime contrary to the lawes of the land which possitively declares that no free man of England forfeits his lands goods or livelyhoods tell he be convicted of a crime 1 R. 3.3 Cookes 2. part institutes chap 103. fol. 228. 229. See the Petition of Right yea and their bodies imprisoned most tyrannicall and illegally without baile or maineprize although there be no collour in law for the pretended cause of their commitment nor no power in law for any Committee of your house to commit a printer or any other free man in England to prison See the law authorities mentioned in Judge Jenkins late printed papers And when the prisoner according to the law of the Kingdome sues for a Habias Corpus which legally cannot be denyed to any prisoner whatsoever and by vertue thereof be brought before the present Judges of the Kings bench Justice Bacon and Justice Rowles yet contrary to law and their owne oathes which oaths are before mentioned they refuse to deliver the prisoner so uniustly imprisoned or to take baile for his forthcomming but returne him back to prison againe there contrary to law and iustice to be kept without bail or maineprize Oh horrible tyrannie oppression and iniustice and yet as I am certainly informed this was the case of Mr. Thomas Paine a Printer the last tearme Nay your Catchpoules by their owne power can and have forceably entered and felloniously and illegally carried away my proper and truly com'd by goods to a large value for which though I complained to your Committee yet could I not obtaine from their hands one dram of Justice See my examination before them called the resolved mans resolution pag. 12. Nay this is not all for when your members and the Lords and their catchpoules creatures have sufficient railed at me and reproached me and tyed up my hands by depriving me of all meanes as they thought to publish any thing for my owne defence then they as I conceâ—ve ioyne together and git some lying Presbyter assemblie man or other for the Author concealing his name and I not able to find it out I apprehend and iustly conceive I have iust cause to lay it to them it being so sutable to the constant meanes they and their Creatures use to set up their new reformed Kingdome to frame contrive and publish to the view of the world a Recantation in my name that J my selfe though my name be to it had not the least finger in or knowledge of thereby to render me odious to the purpose and to declare me a weather cock follow and as fassâ—l and easie in changing my former avowed just principles as the Lords and Commons and assembly men at Westminster are to change theirs But Sir if God permit I shall take a more fiâ—t oppertunity to anotomize that grosse peice of Paâ—lâ—…mentary assembly knavery And therefore I must plainly tell you seeing the Lords and Commons at Westmâ—nster have dealt so â—arb rously and illegally with 〈◊〉 as they have done * And not with me but also with M. Overâ—on his wife and brother and Mr. Larners man and maid who are all yet in person and can have nor obtain any iustice from either of your houses and are worse then the unrighteous Iudge that upon no importunity will doe me Justice I am now in good sober resolved earnest determined to appeale to the whole Kingdome and Army against them and it may be thereby come quittance with them and measure unto them as they have measured to me and doubt not but to make it evident that though some of your members call the Army Rebells and Traitors for contesting with those that gave them their power and authority that they themselves aâ—e reall Rebells and Traitors to the trust reposed in them by the free people of England their Emperoâ—rs Lords and Masters And that the Army are really and truly a company of Rogues Knaves and traiterous Villains to themselves and their native Country if they should disband upon any tearmes in the world till they have brought them to examplary Justice and made them vomit up the vast sums of the publiques money that they have swallowed down into their devowring canniball mawes and firmly setled the peace and iustice of the Kingdome which that they may faithfully and cordially doe is and shall be the daily prayer of him that hath been and will be againe your true friend if you will repent of your remissenesse and slacknesse and manifest your selfe to be more firme active and valourous for the good of your Country Iohn Lilburn From my uniust Captivitie in the Tower of London for the visably almost destroyed Lawes and Liberties of England which condition I more highly prize though in misery enough outwardly then the visiblest condition of any member whatsoever that sits in either or both houses being all and every of them apparently palpably and transendently forsworne having all of them taken Oaths upon Oathes to mainetaine the lawes liberties and freedome of the land and yet in their dayly practice overthrow and destroy them of which sin and wickednesse they are all of them guilty in regard you all sit there in silence and doe not publiquely and avowedly to the whole Kingdome according to your duty manfully protest against and declare your dislike of their crooked uniust and Englands destroying wayes this 31. of May 1647. John Lilburne FINIS