in the House of Lords p. 64. 65 69. Barons in Parliament represent but their own persons p. 97. C Challenges against the Lords p. 5. pag. 70. Clergy base inslavers of this land of old p. 89 90 93 94. Contents of this Discourse p. 6 62. Common-Councel p. 27. Charles-Stewarts jugling pag. 50 51. Charles Stewart not GOD but a meer man and must not rule by his will nor other Kings but by a Law pag. 9 10 11. Charles Stewart received his Crown and Kingdom by contract p. 33. and hath broken his contract pag. 9 14 41 42 43 50 51 52 57. Charles Stewart confuted in His vain proud words p. 32 33. Charles Stewarts Confession and Speeches against himself p. 40 41 56 57. Charles Stewart as Charles Stewart different from the King as King p. 35. Charles Stewart guilty of Treason p. 52 53 54 55 57. C. R. ought to be executed p. 57. D Dukes of Normandy first second third fourth fifth sixth and seventh p. 87. Dukes Marquesses and Viscounts not in England when the great Charter was made p. 98. Davies Sir I. Clotworthies friend his basenesse pag. 102 103 104 105 106. E Edwardus Râ—x Segnier pag. 15 16 88. His gallant Law p. 16. Edward the second p. 26 27 57 58. deposed and his eldest Son chosen p. 27 58 59. Edward the third pag. 27 28 29 30. Excommunication for infringing Magna Charta p. 28. Edward 4. and 5. p. 30 31. Earl of Manchesters and Colonel Kings basenesse p. 49 10â— Englishmen made slaves by the Normans p. 90. F False imprisonment it is to detain the prisoner longer then he ought p. 81. First Dake p. 9â— First Marquesse First Viscount First Parliament in the 1â— of H. 1. see pag. 17. G Government by Kings the worst government of any lawfull Magistracie p. 14. Greenland Company oppressors pag. 101. H Heathens more reasonable then the Lords p. 2. House of Peers illegality p. 43 45 86. and basenesse to the people pag. 44. Henry the 1. p. 17. Henry Mauds eldest son King after Stephen p. 19. Henry the 3. crowned and his basenesse p. 22 23. Henry the 4 5 7 and 8. p. 30 31. Hunscot the Prelates Catchpole now the Lords Darling p. 83. I John brother to R. the 1. chosen King p. 19. His basenesse to the Common-wealth p. 20 21 39. His end p. 22. Judges corrupt p. 23. Imprisonment of L. C. Lilburn p. 63 66. Ireland in her distressed condition cheated and couzened by Sir John Clotworthy and his friend Davies p. 102. to p. 106 K King is intrusted p. 34. Kings tyrannicall usurpation none of Gods institution pag. 7. 8. Kings subordinate to Lawes by God p. 8. and men p. 9 18 19 23 24 26 27 28 29 31 32 33 34 35 36 39 40 41 42 43 52 53 85 86. Kings must not be imposed but by the peoples consents p. 7. 20 32 41 60 61. Kings deposed p. 27 58 59 98. Knights Citizens and Burgesses represent the Lawes p. 97. King no propriety in his Kingdome p. 34. or Cities thereof or Jewels of the Crown and as King not so much as the Subjects in the Kingdoms pag. 32 38. Kings illegall Commands obeyed punished pag. 35 52 53 54. Kings are lyable to be punished pag. 41 59. K. Harrold p. 84 94. L Lawes made this Parliament pag. 33 34. Lieutenant of the Towers basenesse against L. C. Lilburn pag. 5. 48. Lords cause of loosing the Kingdome at first p. 93. Lords no legislative power by consent of the people p. 45 46. Lords may not lawfully sit in the house of Commons pag. 98 99. Lords contradict themselves p. 63. Lords power wholly cashiered p. 40 47 92. Lords overthrown by the Law see p 72. to p. 78. Lords illegality and basenesse against L. C. Lilbarn pag. 47 48. 65 66 67 84. proved so to be p. 62. 81. Lords no Judges according to Law p 69. Lawes included though not expressed Kings must not violate pag. 62. Lords no Judicature at all p. 84 85 86. M Maud p. 17 18. the Empresse taketh K. Stephen in bat tel p. 18. Massacre of the Jewes in England when pag. 19. Magna Charta what it is p. 26. Magna Charta's Liberties confirmed by Hen. the 3. p. 24. And by Edw. the 2. p. 27. And by Edw. the 3. p. 28 29. Members of the House of Commons taxed p. 100 101 102. Merchant-Adventurers p. 99. overthrown p. 42. N Normans whence they came pag. 86 87. Ninety seven thonsand one hundred ninety and five pounds which was for Ireland pursed by 4 or 5 privare men see p. 103 O Orders Arbytrary and illegall against L. C. Lilburn p. 2 47 48. 63 64 66. Odo the Bishop a Bastard seeketh to be Pope pilleth the Kingdom pag. 91 92. Oaths of Kings at their Coronation p. 19 26 28 31 32 33. Oath of K. Stephen p. 18. Oath of Justices p. 29. Objection about H. 8. alteration of the Oath of Coronation answered by the Parliament p. 32. Order of the house of Commons for L. C. Lilburn p. 84. Originall of the House of Peeres pretended power p 94. P Petition of Right confirmed p. 33. the Lords break it p. 2. Petition of L. C. Lilburns wife p. 72. to p. 78. Postscript of L. C. Lilburns p. 6. People must give Lawes to the King not the King to the people p. 85. Popes judgment refused by the people to be undergone by the King as insufferable p. 26. Power of Lords both of judicative and legislative throwne down p. 92 93. Parliament what it is p. 34. their institution p. 95. The manner of holding them p. 95. how kept p. 97. Parliaments greatnesse p. 34 36 37. Prerogative Peerage flowed from rogues p. 86 87. Proceedings of the Lords against L. C. Lilburn condemned by the Commons p. 64. Parliaments kept in old time withou t Bishops Earles or Barons Pag. 96 97. Q Questions of great consequence pag. 101 102. R Rehoboams folly pag 60 61. Richard the 1. pag. 19. Remedy against fraud p. 26. Richard the 2. p. 30. Deposed p. 30. Richard the 3. p. 30 31. Rebellion of the King 90 51. Rewards conferred by William the Conqueror upon his assistants p. 90 91. S Sir John Clatworthies basenesse p. 102. to 106. Stephen Earle of Bollaigne chosen King by free election p. 18. When hee was imprisoned by Maud p. 18 19. the people restituted him out and he was set up again p. 18. Sheriffes of London Foot and Kendrick their illegality pag. 68. Sentence of the Lords against L. C. Lilburn p. 70 71. T Ten Commandements explained p. 9 10. Tyrants Kings plagued by Gods justice p. 11 12 13 17. Tyrannie of Kings p. 13 17 19 20 21 22. Towers chargeablenesse of Fees p. 49. Tryals ought to be publike and examples for it page 81 82 83 84. Turkie Merchants pag. 99. W William the Conquerors History of him p. 14 15 16 45 87 88 89 90 91 92 93 94 95 a Bastard p. 87. His end
wâ—â—ch brought the curse uâ—on him and all his Posterâ—cy that he was not content with the stâ—tion aâ—d condition that God creaâ—ed him in but did asoâ—re unto a bâ—tter and more excellent namely to belike his Creator which proved his ruine yea and indeed hâ—d been the eveâ—lâ—sting rainâ— destruction of him and all his had not GOD bâ—en the more merciâ—ull uâ—to him in the promised Messiah Gen. Chap. 3. Now for the government of England It hath been by custome principally and for the most part by the tyrannicall usurpation of a King and therefore it will be requisiâ—e to search inâ—o the Scripture and see whether ever GOD approbationally instâ—tuted it or onely permissively suffered it to be as he doâ—h all the other evils and wickednesse in the world and for the better understanding of this It is requisite to remember that we find in Scripture That GOD was not only Israels husband and did perform all the offices of a loving husband in his sweet and cordiall embracements of her and loving dispensations to her but also he was her KING himself to â—aign and rule over her and to protect and defend her and being the Lord Almighty and knowing all things past present and to come knew well that Israel would be forgetfull of all his kindnesse and though he had chosen them out of all the world in a speciall manner to be his peculiar ones yet they would forsake him and desire to be like the World And Moses declares thus much of them after they had enjoyed the good things of God in abundance But Jesurun waxed fat and kicked Thou art waxed fat tâ—ou arâ— grown thicke thou art covered with fatnesse then he forsook God which made him and lightly esteemed the Rock of his salvation Deut. 32. 15. And therefore they knowing that when he possessed the Land of Canaan they would reject him and desire a King like all the rest of â—he Heathens and Pagans to reign over them Yet they being dear unto him he would not wholly reject them but gave them a Law for the chusing of a King and his behaviour which we find in Deuâ— 17. 14 15 16 17 18 19 20 in these words When thou art â—ome into the Lanâ— wâ—â—ch Jehovah thy God giveth thee and shalt possesse it and shalt dwell therein and shalt say I will set a King over me like as all the Nations that aâ—e about me Thâ—u shâ—lt in any wise set him King over thee whom Jehovah thy God shall chuse one from among thy Brethren shalt thou set King over thee Thou mayst not set a stranger over thee which is not thy brother But he shall not multiply horses to himsâ—lf nor cause the people to retuâ—n to Egypt that is to bondage or slavery to the end thâ—t he should multiply horses Foâ—asmuch as Jehovah hath said untâ— yâ—u Ye shall henceforth return no morâ— that way that is to say â— shall be no mâ—re slaves Neither shall he multiply â—ivâ—s to himself that his heart turn not away neither shall â—â— gâ—eâ—tly multiply to himselâ— silver and Gold And it shâ—ll be when he sitteth â—pon the â—â—hrone of his Kingâ—om that he shall write him a Copy of this Law in a Book on of that which is before the Priests the Levites And it shall be with him and he shall reade therein all the dayes of his lifâ— that he may learn to feare Jehovah his God to keepe all the words of this Law and thâ—se Statutes and do them That his heart be not listed up above his Brethren and that he turn not aside from the Commandement to the right hand or to the left to the end that he may prolong his dayes in his Kingdome he and his children in the middest of Israel So that to me it is very cleer that all Government whatsoever ought to be by mutuall consent and agreement and that no Governour Officer King or Magistrate ought to be betrusted with such a Power â—s inables him when he pleaseth to destroy those that trust him Aâ—d wickedness in the highest it is for any King c. to raign and govern by â—is Prerogative that is to say by his will and pleasure and as great wickednesse it is for any sort of men to sufâ—â—r him so to do For the proofe of this I lay down my Argumenâ— thus and we will apply it to the King of England in perticular He that is not GOD but a meer man cannot make his will a rule and law unto himself and others But Charles Stewart alias Charles Rex is not God but a meer man Ergo he cannot make his Will a rule and Law unto himselfe or to the people of England Secondly He that by contract and agreement receives a Crowne or Kingdome is bound to that contract and agreement the violating of which absolves and dâ—singages those that made it from him But King Charles received His Crowne and Kingdome by a contract and agreement and hath broken His contract and agreement Ergo. c. Now for the clearing of the first proposition it is confest by all that are not meer Athists That GOD alone rules and governs by his Will and that therefore things are legall just and good Because GOD wills them to be so And therefore all men whatsoever must and ought to be ruled by the Law of GOD which in a great part is engraven in Nature and demonstrated by Reason As for instance It is an instinct in Nature that there is a GOD Rom. 1. or a mighty incomprehensible power And therefore it is rationall that we should not make Gods unto our selves and this is the pith of the first Commandement Nature telling me There is a God And therefore secondly its rationall he only should be worshipped served and odored and that 's the marrow of the second Commandement And in the third place seeing nature tells me there is a GOD reason dâ—ctâ—â—â—s unto me that I should speak reverently and honourably of hâ—m And this is the sumâ—e of the third Commandement Fouâ—thly Nature dictating to me there is a GOD. It is rationaâ—l I should â—et some time apart to do him homage and service And seeing the inâ—â—â—â—ct of Nature causes me to look upon him as a Soveraign over me â—s but rationall haâ— he should appoint a Law unto me for the matter manner and time of his worship and service and this is the substance of the fourth Commandement Again seeing nature teacheth me to defâ—â—d my self and preserve my life Reason telleth me in th◠〈◊〉 〈◊〉 it is but just that I should not doe that unto another which I would not have another doe to me but that in the affirmative I should do as I would be done unto And this is the marrow of the whole second Table of Gods Law from whence all Lawes amongst men ought to have their derivation And therefore because by nature no man is GOD or Soveraign one over another Reason tells me I ought not to have a law imposed
all things where you may reasonably do the samâ— And in case ye be from henceforth found in default in any of the points aforesaid ye shall be at the Kings will of Body Lands and Goods thereof to be done as shall please him As God you helpâ— and all Saints But now in regard we shall for brevities sake but only touch at Richard the sâ—câ—nd who for his evill government was Articâ—ed against in Parliament Martine fol. 156 157 158 159 160. Speed fol. 742. The substance of which in Speeds words were First in the front was placed his abuse of the publike treasure and unworthy waste of the Crown-Land whereby he grew intollerable grievous to the Subjects The particular causes of the Dukes of Gloucester and Lancaster the Arch-Bishop of Canterbury the Earle of Arundel filled sundry Articles They charged â—im in the rest with dissimuâ—ation faâ—shood â—osse of honour abroad in the world extortioâ—s rapine deniall of Justice rasuâ—es and eâ—bâ—zelling of records dishonourable shifts wicked Axiâ—mes of Sâ—atâ— cruelty covetousnesse subordinations lasciviousnessâ— reason to the rights of the Crown perjuries and briâ—fly wiâ—h all sorts of unkingly vices and with absolute tyranniâ— Upon which it was concluded That he had broken his Contâ—act made with the Kingdome or the Oath of Empire taken at his Coronation and adjudged by all the States in Parliament That it was sufficient cause to depose him and then the diffinitive sentence was passed upon him And wee shall wholly passe over Henry the 4. 5. and 6. Edward 4. and 5. Richard 3. Hen. 7. and 8. and shall come down to King Charles and not mention the particular miseries blood-sheds cruelties treason tyrannies and all manner of miseries that the free-born people of this Kingdome underwent in all or most of their wicked raigns especially in the Barons warres In which time the Inhabitants of England had neither life liberty nor estates that they could call their own there having been ten Batteâ—s of note fought in the Bowels of this Kingdome in two of their Râ—igns only viz. Hen. 6. and Edw. thâ— 4. In one of which 〈◊〉 there was 37. thousand English slâ—iâ— Martine fol 393 394 â—95 I say wâ— wiâ—l pâ—ssâ— by all these aâ—d give you the Copy of the Oath that King Edward 2. and Kâ—â—g Edward hâ— 3. by authority of Parliamenâ— took and which all thâ— Kings and Queens of England since to this day at thâ—iâ— Coronation â—ither took or ought to have taken never having bâ— auâ—â—oriâ—y of Parliament bâ—en altered since that I could hear of by which it will cleerly appeare that the Kings of England receive their Kingdoms coâ—diâ—ioâ—allâ— The true Copy of whicâ— as I find it in this Parliaments Declaration made in reply to the Kings Declaration or answer â—o their Remonstrance dated 26. May 1642. and set down in the Booke of Declarations page 713. SIR Will you grant and keep and by your Oath confirme unto the People of England the Lawes and Customes granted to them by antient Kings of England rightfull men and devout to God and namely the Lawes and Customes and Franchâ—ses granted to the Clergie and to the People by the glorious King Edward to your power Sir Yee keepe to God and to Holy Church to the Clergie and to the People Peace and accord wholly after your power Sir Yee do to be kept in all your Domes and Iudgments true and even Righteousnesse with Mercie and Truth The King shall answer I shall doe it Sir Will you grant defend fulfill all rightfull Laws and Customes the which the COMMONS of Your Realme shall choose and shall strengthen and maintain them to the Worship of GOD after Your power The King shall answer I grant and behight And then the Arch-Bishop of Canterbury at the time of the Coronation goes or should goe to the four sides of the Scaffold where the King is crowned and declares and relates to all the People how that Our Lord the King had taken the said Oath enquiring of the same people If they would consent to have him their King and Liege Lord to obey him as their King and Liege Lord who with one accord consenâ—ed thereunto Now let all the world be judge whether the Kings of England receive their Kingdomâ—s by contract yea or no. And if they do receive them by contract as is already undeniably proved before Then what becomes of that wicked and tyrannicall Maxime avowed by King Charles immediatly after his Answer to the Petition of Right Book Statutes fol. 1434. viz. That he did owe an account of his actions to none but GOD alone And of that erroneous Maxime mentioned in Book Declaration pag. 266. viz. That Kingdomes are Kings own and that they may do with them what they will as if Kingdomes were for them and not they for their Kingdomes But if any man shall object and say that King Henry the 8. with his own hands altered this Oath and therefore it is not the same Oath which King Charles hath taken To which I aâ—swâ—r and say The Parliament in their Declaration gâ—aâ—â—s that King Hen. the 8. c. aâ—tered it but they also say pag. 712. They do conceive that neither he nor any other had power to alter it without an Act of Parliament And in pag. 708. 709. They say They well know what Kings have dâ—ne in this point But we know also say â—â—ey that what they have done is no good rule alwayes to interpret what they â—â—ght to have done for that they are bound to the observation of Lawes by their Oath is out of question and yet the contrary practised by them will appear in all ages as often But to put this out of doubt whosoever reades the Oath taken by this King which he himself sets down in his Declaration Book Declar. pag. 290 291. will find no materiall difference betwixt that which hee took and that which he ought to have taken saving in that clause of passing New Lawes But there is enough in that he tooke to prove my assertion viz. That he received his Crown by a Contract which further to prove I alledge the Petition of Right which whosoever seriously readeth with his Answer to it shall finde it to be a large and absolute Declaration of a contracted duty betwixt him and his people viz. That it was his duty to govern them by Law and not by his Prerogative Will And when his first answer to their Petition did not please the Parliament they pressed him again out of Right to give a satisfactory one Which he out of Duty doth saying Let right bâ— done as is desired So that this is a clear demonstration and enough to prove that there is not only a bare Contract betwixt the King and the People but also that he is bound by duty to grant such Lawes as they shall rationally choose although there were no such Statute as the 25. of Edward the 3. which they mention in pag. 268 nor no such clauses as they speak
Lordships have flowing from one and the same fountain with them namely the Kings will and pleasure commonly called The Kings Prerogative demonstrated by his Letters Pattents which in such a case is not worth a button as is clear by the Law and the very principles of Reason and that the Lordly Prerogative honour it self that they enjoy from the King which was never given them by common consent as all right and just honour and power ought to be is a meer boon and gratuity given them by the King for the helping him to inslave and envassalise the People and from theâ—r Predecessâ—rs whom William the Conqueror aâ—ias the Theefe and Tyranâ— made Dukes Earles and Barons for helping him to subdue and enslave the free Nation of England and gave them by the Law of this own will the estate of the Inhabitâ—nts the right owners thereof to maintain the Grandeur of their Tyranny and Prerogative Peerage And therfore their Creator the King doth in his Dce p. 324 ingeniously declare that their title to their legislative power is only by bloud And if so then not by common consent or choyce of the People the onely and alone Fountain of all just power on earth and therefore void null and at the best but a meer fixion and usurpation and the greatest or best stile they gave themselves in their joynt Declaration with the House of Commons page 508 is That the House of Peers are the Hereditary Councellors of the Kingdome and what right they have thereby to make the People Lawes I know not neither is it declared there by what right they came by their Hereditary Councellorship Nor yet is it there declared what it is So that I understand not what they mean by it which I desire them to explaine for sure I am it is a maxime in Nature and Reason That no man can be concluded buâ— by his own consent and that it is absolute Tyranny for any what or whom soever to impose a Law upon a People that were never chosen nor betrusted by them to make them Lawes But in that Declaration in the next line The chosen and betrusted House of Commons the only alone Law-makers of England the King and Lords consent to their Votes Lawes and Ordinances being but in truth a meer Ceremony and usurped formality and in the strength of Law which justly is nothing else then pure reason neither addes strength unto them nor detracts power from them is royally truly and majesterially stiled and called the representaive Body of the whole Commons of the Kingdome and so are in abundance of other places before cited Yea and whosoever seriously reades and considers the third Position laid down page 726. and laid down in the name of the Parliament shall see indeed and in truth the power of the Lords wholly cashiered their words are these That we did and do say that a Parliament may dispose of any thing wherein the King or any Subject hath a right in such a way as that the Kingdome may not be in danger thereby and that if the King being humbly sought unto by his Parliament shall refuse to joyn with them in such cases the Representative Body of the Kingdome that is to say the House of Commons alone the Lords representing no Body but themselves and their Ladies neither challenge they any such title but call themselves meerly Hereditary Councellours is not to sit still and see the Kingdome perish before their eyes and of this danger they are Judges and Judges superiour to all others I beseech you mark it well that legally have any power of judicature within this Kingdome Where are you my Lords And what say you to this your own ingenious confession For yours it is for any thing I know to the contrary unlesse you were all asleep when you past it Nay further My Lords If the Representative Body bee the Parliament as is here confessed and averred and that Representative Body be the House of Commons and none else as before is proved and the House of Commons or Representative Body be the Parliament as here they are called then My Lords what say you to that inference from hence drawn and naturally flowing and arising from the premises and proved by your first Pofition laid down in the fore-cited page 726. which is That the Parliament hath a power in declaring Law in particular cases in question before them and that which is so declared by the High Court of Parliament being the highest Court of Judicature ought not afterwards to be questioned by his Majesty or any of his Subjects for that there lyeth no Appeal from them to any Person or Court whatsoever so that the right and safety both of King and People shal depend upon the Law and the Law for its interpretation upon the Courts of Justice which are the competent Judges thereof and not upon the pleasure and interpretation of private persons or of Publike in a private capacity Good-night my Lords unlesse you will make a little more buzling and so make the stink a little more hot in the Nostrils of all men that have the use of their sences before your snuffe go cleer out the which if you do it will I am confident but cause it to go out with a witnesse And therefore look to it and remember the Star-Chamber the Councell-I able and High Commission Where are they all but in the grave of reproach contumely disgrace and shame And give me leave to tell you of the common Proverb now abroad of Canterbury and Strafford That if in the dayes of their prosperity which were as high and great as yours are or ever were they had thought they should have beene pulled down by the common People whom they strongly labonred to enslave and by their unwearied cryes to the eares of Englands supreame Judges for Justice were justly by them condemned to the block and lost their wicked Lordly Heads in the presence of many of those that they had tyrannized over they would have been more moderate just and righteous in their generations then they were Apply it my Lord s and remember Mr. Lilburn c. and the tyrannie you have exercised upon him for many weekes together both in Newgate and the Tower of London in locking him up close prisoner without the use of Pen Ink or Paper and not suffering his friends nor wife that singular comfort and help that the wise God provided for poor fraile man to set her foot within his Chamber door for about three Weekes together nor she nor any of his friends to deliver to his hands though in the presence of his Keeper meat drink or money and yet you never allowed himm 2. d. to live on that I could heare of and then unjustly sentence him 4000. l. and 7 years Imprisonment in the Tower c. there to be tyrannized over by one â—f your own Creatures Col. West Lieutenant thereof who hath divers weeks divorced him from his wife and
shed in England Scotland and Ireland since these wars which is the blood of thousands of thousands For which if all the sons of men should be so base and wicked as not to doe their duty in executing justice upon him which Legally may and ought to bee done by those especially who have Power and Authority in their hands Yet undoubtedly the righteous God will and that I am confident in an exemplary manner in despight of all his bloody add wicked protectors and defenders For GOD is a just GOD and will revenge innocent blood even upon Kings Judg. 1 6 7. 1 Kings 21. 19. 22. 38. Isa 30. 33. Ezek. 32. 29. and will repay wicked and ungodly men Isai 59. 18. Therefore I desire those that shall thinke this a harsh saying to lay down the definition of a Tyrant in the highest degree and I am confident their own Consciences will tell them it is scarce possible to commit or doe that act of Tyranny that Charles Stewart is not guilty of and therefore de jure hath absolved all his people from their Allegeance and Obedience to him and which the Parliament are bound in duty and conscience De facto to declare and not to bee unjuster to the Kingdome then their predecessors have been which in part I have already memioned and shall to conclude only cite some particulars of the Parliaments just dealing with Edward the second who was not one quarter so bad as C. R who being called to account by the Parliament for his evill government and being imprisoned at Kenelworth-Castle the Parliament sent Commissioners to acquaint him with their pleasure the Bishops of Winchesâ—â—r Hereford and Lincoln two Earls two Abbots foure Barons two Justices three Knights for every County and for London and other principall places chiefly for the five Ports a certain number chosen by the Parliament And when they came to him they told him the Common-wealth had conceived so irreconcileable dislikes of his government the particulars whereof had been opened in the generall Assembly at London that it was resolved never to endure him as King any longer That notwithstanding those dislikes had not extended so far as for his sake to exclude his issue but that with universall applause and joy the Common-wealth had in Parliament elected his eldest sonne the Lord Edward for King They finally told him that unlesse he did of himselfe renounce his Crown and Scepter the people would neither endure him nor any of his children as their Soveraigne but disclaiming all Homage and Fealty would elect some other for King not of the Blood The King seeing it would be no better amongst other things told them That he sorrowed much that the people of the Kingdom were so exasperated against him as that they should utterly abhorre his any longer rule and soveraignty and therefore he besought all there present to forgive him and gave them thanks for chusing his eldest sonne to be their King which was greatly to his good liking that he was so gracious in their sight Whereupon they proceeded to the short Ceremony of his Resignation which principally consisted in the surrender of his Diadem and Ensignes of Majesty to the use of his son the new King Whereupon Sir William Trussel on the behalfe of the whole Realm renounced all homage and allegeance to the Lord Edward of Carnarvan late King The words of the definitive Sentence were these I William Trussel in the name of all men of the Land of England and all the Parliament Procurator resigne to thee Edward the Domage that was made to thee sometime and from this time forward now following I defy thee and deprive shee of all Royall power and I shall neuer be attendant to thee as for â—ing after this time But if any object It is true Subjects and people have de facto done this unto their Kings but they cannot doe it de jure for that Kings are above their people are not punishable by any but God I answer God is the fountain or efficient cause of all punishment But as to man instrumentally he inflicts by man And though he be our supream Lord and Law-Maker hath for bodily and visible transgressions of his Law appointed a visible and bodily punishment in this world for the transgressors thereof and man for his instrumentall executioner and never ordinarily doth it immediatly by himself but when his Instrument Man failes to doe his duty and being a God of order hath appointed a Magistrate or an impowred man as his and their executioner for the doing of justice and never goeth out of this Road but in extraordinary cases as he doth when the Magistrate is extraordinarily corrupted in the executing of his duty and in such cases God hath raised up particular or extraordinary persons to be his executioners And therefore God being no respecter of persons hath by nature created all men alike in power and not any lawlesse and none to bind each other against mutuall agreement and common consent and hath exprâ—sly commanded Man his rationall creature shall not tyrannize one over another or destroy by any intrusted power each other but that the intrusted Kings as well as others shall improve the utmost of their power and strength for the good and benefit protection and preservation of every individuall Trustee And whosoever he be that shall improve his intrusted power to the destruction of his impowrers forfeits his power And GOD the fountain of Reason and Justice hath endued man with so much reason mercy humanity and compassion to himself and his own Being as by the instinct Nature to improve his utmost power for his own preservation and defence which is a Law above all lawes and compacts in the world Declar. April 17. 1641. And whosoever rejects it and doth not use it hath obliterated the principles of Nature in himselfe degenerated into a habit worse then a beast and becomes felonious to himselfe and guilty of hâ—s own blood This Israel of old the Lords peculiar people understood as well as the people of England although they had 〈◊〉 expresse posiâ—ive law no more then we in England have to rebell or withdraw their obedience subjection from those Magistrates or Kings that exercise their power and authority contrary to the nature of their trust which is plain and cleare without dispute in the case of Rehoboam who was the son of Solomon who was the sonne of David who was assigned King by GOD and chosen and made King by the common consent of the people of Juda and Israel 2 Sam. 7. 13. And who by vertve of Gods promise to him and his seed to be Kings over his people had more to say for his Title to his and their Crown I am confident of it then all the Princes in the world have to say for their claim and childrens to their Crown For Rehoboam was not onely the sonne of Solomon who was in a manner intailed by God himselfe unto the Crown
first time hee came before them Iune 11. 1646. After he was come into the House some of his friends and some strangers stept in as by Law and Justice they might But the Earl of Manchester as Speaker of that House commanded them all to withdraw which they were forced to doe And this I averre not by hear-say but out of knowledge And the second time he came before them which was 23 Iune 1646. It was little otherwise his friends being turned out of doores though some of his enemies scoffers and deriders were permitted to stay And the third time which was upon the 11. Iuly 1646 as I understand he had much adoe with the dore-keepers to get his wife to be admitted in though a great many of the Sheriffes Sharks and Caterpillars that accompany the Hang-man to Tyburn the day he doth execution were freely admitted Hounscot the tyrannicall Prelates old-cruell Catchpole and now the Lords speciall Darling and Favourite a man transcendent in basenesse and wickednesse and therefore more fit sor their Lordships with some others of their own creatures were admitted in as parties fit to bear false witnesse against him and make false reports of his and his honesty And Lieutenant-Colonel Lilburns friends were so far from being admitted into the Lords House to see and behold the justnesse of their proceedings that the doore of the Painted-Chamber was locked and strongly guarded against them and if any of them in the croud got in there they had a second barre at their Lordships doore and if by great chance they at the opening thereof crowded in the Officers that stood at the inner doore took special care to hinder them from admittance there Oh the height of injustice and basenesse at the doing of which or hearing of it the Lords may justly blush for shame if they had either any honesty or ingenuity left in them and thus much for the first Position I come now to the second which is That if the Lords were aâ— Iudicature yâ—t they have no jurisdiction over Commoners But this is so fully proved in Mrs Lilburns Petition that I shall need to say no more to it but referred the judicious Reader thereunto and to a Printed Letter written by Mr. R. OVERTON a prisoner in Newgate committed thither by the Lords to Colonell HENRY MARTIN a Member of the Honourable House of Commons which Letter is a most notable rationall peece worth the reading I passe now to the third which is to give you some reasons to manifest that the LORDS are no Judicature tâ—all But â—eâ—r I shall crave leave to informe the Reader that the foregoing diseourse was made and finished above two moneths agoe and hearing that there was an Order from the Committee appointed by the House of Commons to consider of the priviledges of the Commons of England to bring Lieutenant Collonel Lilburne up before them I conceived he would then be aâ—liberty to write himselfe aâ—d his discourse I thought might adde much to strengthen the things I drive at and desire to declare and prove and therefore I â—avâ— sate still without makeing any pâ—â—gâ—â—sse to finish this discourse till this present conclusiâ—n of this present mâ—neth of November 1646. And my expectation I have not failed for he hath published two notable discourses of his own and some freind of his a third and therefore I shall earnestly desire the studious and inquisitive Reader for the further illustration and proofe of the first and second positions lavd down in pag. 6. and already handled in pag. 63. 64. 65. 78. c. seriously to read over the 23 24 25 26 27 28 29 30 31. pages of his first book called Londons Liberty in Chaines discovered printed Octob. 1646 And the 5. 6 7 8 9. 11. 14. 22. pages of his speech to the aforesaid Committâ—e Nov. 6. 1646. and since by him published in print and called An Anatoamy of the Lords Tyranny And the 23 24 37 38 29 40 41 42 43 44. 46. 47. pages of his friends booke called Vox Pâ—ebis a most notable discourse In the 26 27 28 29 31. 32. pages of which you may reade his Charge and â—entence in the House of Lords Now having premised this I returne to the third thing to be handled which is to give you some reasons to manifest that the Lords House are no â—udicatour at all And for the illustration of this I shall desire it may be considered that no jâ—dicaâ—ure can justly be erected or set up unlesse it legally derive pâ—wer from those that have a legall power to erect constituce or institute it and I thinke this will be granted of all sides And therefore let us make inquisition who according to law and right in England â—ave an originall and true power to erect judicatures aâ—d I say onely the legall Commissioners of the people commonly called the Commons of England Assembled in Parliament and not the King who is not to give a law unto his people but his people unto him as is before largely proved pages 37 38 39 40 41 42 43. And as he confesseth in his Coronaâ—â—on-Oath that he hath taken or ought to have taken which you may read before pag. 31. 32. and which is declared by the statute of provisoes of benefices made Anno. 25. Ed. 3. Annodom 1350. which you may read in the statutes at large pag. 157. about the midst of which you have these words whereupon the said Commons have prayed our said Lord the King that sith the right of the Crowne of England and the law of the said Realme is such that upon the mischiefes and damages which happen to his Realme he ought and is bound by his oath with the accord of his people in his Parliament thereof to make remedy and law and in removing the mischiefes and damages which thereof insue that it may please him thereupon to ordaine remedy and it followes in these words Our Lord the King seeing the mischiefes and damages before mentioned and having regard to the said statute made in the time of his said Grandfather and to the causes contained in the same which statute holdeth alwayes his force and was never defeated repealed nor adnulled in any point and by so much he is bounden by his Oath to cause the same to be kept as the Law of his Reaâ—me though that by sufferance and negligence it hath been sithence attempted to the contrary c. But the House of Peeres neither derive nor challenge their Iudicature not in the least either from Commons in generall or from their Commissioners Deputies Trustees or Representors in Parliament Assembled and therefore are no legall Iudicature at all And that they do not derive their power either from the people under God the absolute and alone fountaine of all true power or their Commissioner read before pag. 45. where you shall finde that the King their groundlesse creator saith they have their power by blood and themselves claime it from no truer fountaine then by
ruled and governed by the King and his Prerogative Nobles and by lawes flowing from their wils and pleasures and not made by common consent by the peoples commissions assembled in Parliament as it is now at this day but he and his successors giving such large Charters to their Compeeres and great Lords as to one to be Lord great Chamberlain of Englands another Lord Constable of England to another Lord Admirall of England c. By meanes of which they had such vast power in the kingdome having then at their beck all the chiefe Gentlemen and Free-holders of England that used to wait upon them in blew Jackets so that they were upon any discontent able to combine against their Kings their absolute creators and hold their noses to the grind-stone and rather give a Law unto them then receive a law from them in which great streits our former Kings for curbing the greatnesse of these their meere creatures now grown insolent were forced to give new Charters Commissions and Writs unto the Commons then generally absolute vassals to choose so many Knights and Burgesles as they in their own breasts should think fit to be able by joyning with them to curb their potent and insolent Lords or trusty and well-beloved Cousins which was all the end they first called the Commons together for yet this good came out of it that by degrees the Commons came to understand in a greater measure their rights and to know their own power and strength By means of which with much struggling we in this age come to enjoy what wee have by Magna Charta the Petition of Right and the good and just Lawes made this present Parliament c. which yet is nothing nigh so much as by right we ought to enjoy For the forementioned Author of the book called The manner of holding Parliaments in England as 20 21. pages declares plainly that in times by-past there was neither Bishop Earle nor Baron and yet even then Kings kept Parliaments And though since by incursion Bishops Earles and Barons have been by the Kings prerogative Charters summoned to sit in Parliament yet notwithstanding the King may hold a Parliament with the Commonalty or Commons of the Kingdome without Bishops Earles and Barons And before the Conquest he positively declares it was a right that all things which are to be affirmed or informed granted or denied or to be done by the Parliament must be granted by the Commonalty of the Parliament who he affirmes might refuse though summoned to come to Parliament in case the King did not governe them as he ought unto whom it was lawfull in particular to point out the Articles in which he misgoverned them And suitable to this purpose is Mr. John Vowels judgment which Mr. Pryn in his above-mentioned book pag. 43. cites out of Holinsh Chro. of Ireland fol. 127 128. His words as Mr. Pryn cites them are thus Yet neverthelesse if the King in due order have summoned all his Lords and Barons and they wil not come or if they come they will not yet appear or if they come appear yet will not do or yeeld to any thing Then the King with the consent of his Commons may ordain and establish any Acts or Lawes which are as good sufficient and effectuall as if the Lords had given their consents but on the contrary if the Commons be summoned and will not come or coming will not appear or appearing will nor consent to do any thing alleadging some just weighty and great cause The King in these cases * Cromptons jurisdictioÌ„ of courts fo 84 Hen. 7. 18. H. 7 14. 1. H. 7 27. Parliament 42. 76 33â— H 6. 17. dju-lged accordingly prerogative 134. cannot with his Lords devise make or establish any Law The reasons are when Parliaments were first begun and ordained THERE WERE NO PRELATES OR BARONS OF THE PARLIAMENT AND THE TEMPORALL LORDS were very few or none and then the King and his Commons did make a full Parliament which authority was never hitherto abridged Again every Baron in Parliament doth represent but his owne person and speaketh in he behalf of himself alone But the Knights Citizens and Burgesses are represented in the Commons of the whole Realm and every of these giveth not consent for himself but for all those also for whom he is sent And the King with the consent of his COMMONS had ever a sufficient and full authority to make ordain and establish good wholesome Lawes for the Common-wealth of his Realm Wherefore the Lords being lawfully summoned and yet refusing to come sit or consent in Parliament canâ—ot by their folly abridge the King and the Commons of their lawfull proceedings in Parliament Thus and more John Vowel alias Hooker in his order usage how to keep a Parliament which begins in the foresaid History pag. 121. and continues to pag. 130. printed Cum Privilâ—gio And Sir Edward Cook in his Institutes on Magna Charta proves That the Lords and Peers in many Charters and Acts are included under the name of the Commons or Commonalty of England And in his Exposition of the second Chapter of Magna Charâ—a 2. part Institutes fol. 5. He declares that when the Great Charter was made there was not in England either Dukes Marquesse or Viscounts So that to be sure they are all Innovators and Intruders and can claime no originall or true interest to sit in Parliament sith they are neither instituted by common consent nor yet had any being from the first beginings of Parliaments in England either before the Conquest or since the Conquest nor the first Duke saith Sir Edward Cook Ibidem that was created since the Conquest was Edw. the black Prince In the 11. year of Edw. the third and Rob. de Vere Earl of Oxford was in the 8. year of Richard the 2. created Marquesse of Dublin in Ireland And he was the first Marquesse that any of our Kings created The first Viscount that I find saith he of Record and that sate in Parliament by that name was John Beumont who in the 8. yeer of Hen. the 6. was created Viscount Beumont And therefore if Parliaments be the most high and absolute power in the Realm as undeniably they are for Holinshed in his fore-mentioned Chronicle in the Dâ—scription of England speaking of the high Court of Parliament and authority of the same saith pag. 173. thereby Kings and mighty Princes have from time to time been deposed from their Thâ—ones â—awes either enacted or abrogated offendors of all sorts punished c. Then much more may they disthrone or depose these Lordly prerogative Innovators and Intruders and for my part I shall think that the betrusted Commissioners of the Commons of England now assembled in Parliament have not faithfully discharged their duty to their Lords and Masters the people their impowerers till they have effectually and throughly done it And if the Lords would be willing to come and sit with them as one house
Knaves Fooles Tyrants or Monopolizers or unjust wretched persons that must of necessity have their Prerogative to rule over all their wickednesses Secondly Observe from hence from what a pure Fountain our inslaving Lawes Judges and Practises in Westminster Hall had their originall namely from the will of a Conqueror and Tyrant for I find no mention in History of such Iudges Westminster Hall Courts and such French uâ—godly proceedings as these untill his dayes the burthen of which in many particulars to this day lies upon us But in the 21. of this Tyrants reigne After that the captivated Natives had made many struglings for their liberties and he having alwayes suppressed them and made himself absolute He began saith Daniel fol. 43. to govern all by the customes of Normandy whereupon the agrieved Lords and sad People of England tender their humble Petition beseeching him in regard of his Oath made at his Coronation and by the soule of St. Edward from whom he had the Crown and Kingdome under whose Lawes they were born and bred that he would not adde that misery to deliver them up to be judged by a strange Law whâ—â—h they understâ—â—d noâ— Aâ—d saith he so earnestly they wâ—ought that he was pleased to confirme that by his Charter which he had twice â—ore-promâ—â—d by â—is Oath And gave commandment unto his Iâ—stitiaries to see those Lawes of St. Edward to be inviâ—lably observed thâ—ough uâ— the Kingdome And yet notwithstanding this coâ—firmatio◠〈◊〉 the Câ—â—râ—ers afterward granted by Henry the seconâ— â—nd King Iohn to the same effect There followed a great Innovation bâ—th in Lawes and Government in England so that this seemes rather to hâ—ve bâ—en done to acquit the people with a shew of the confiâ—mation of their antient Customes and liberties then that they enjoyed them inessect For whereas before those Lawes they had were written in their tongue iâ—telligible unto all Now they are traâ—slated into Latine and French And whereas the Causes of the Kingdome were before determined in every Shire And by a Law of King Edward sâ—nior all matters in question should upon speciall penalty wâ—tkâ—ut â—urther deferment be finally decided in their Gemote or Conventions held monethly in every Hundred A MOST GALLANâ— LAW But he â—et up his â—udges four times a yeare where he thought good to heâ—â— their Causes Again before his Conquest the inheritances descended not alone but after the Germane manner equally divided to all the children which he also altered And after this King alias Tyrant had a cruell and troublesome raign his own Son Robert rebelling against him yea saith Speed fol. 430. all things degenerated so in his cruell dayes that tâ—me and domestickâ— fowles as Hens Geese Peacocks and the like fled into the Forrests and Woods and became very wild in imitation of men But when he was dead his Favourites would not spend their pains to bury him and scarce could there be a grave procured to lay him in See Speed fol. 434. and Daniel fol. 50. and Martin fol. 8. WILLIAM THE SECOND to cheat and cosen his eldest brother Robert of the Crown granted relaxation of tribute with other releevements of their dolencies and restored them to the former freedome of hunting in all his Woods and Forrests Daniel fol. 53. And this was all worth the mentioning which they got in his dayes And then comes his brother Henry the first to the Crown and he also stepping in before Robert the eldest brother and the first actions of his government tended all to bate the people and suger their subjection as his Predecessour upon the like imposition had done but with more moderation and advisednesse for he not only pleaseth them in their releevement but in their passion by punishing the chiefe Ministers of their exactions and expelling from his Courtall dissolute persons and eased the people of their Impositions and restored them to their lights in in the night c. but having got his ends effected just tyrant-like he stands upon his Prerogative that is his will and lust but being full of turmoiles as all such men are his Son the young Prince the only hope of all the Norman race was at Sea with many more great ones drowned after which he is said never to have been seen to laugh and having besides this great losse many troubles abroad and being desirous to settle the Kingdome upon his daughter Maud the Empresse then the wife of Coffery Plantaginet in the 15. year of his reign he begins to call a Parliament being the first after the Conquest for that saith Dan. fol. 66. he would not wrest any thing by an imperiall power from the Kingdome which might breed Ulcers of dangerous nature he took a course to obtain their free consents to observe his occasion in their generall Assemblies of the three Estates of the Land which he convocated at Salisbury and yet notwithstanding by his prerogative resumed the liberty of hunting in his Forrests which took up much faire ground in England and he laid great penalties upon those that should kill his Deere But in this Henry the first ended the Norman race till Henry the second For although Henry the first had in Parliament caused the Lords of this Land to swear to his Daughter Maud and her Heires to acknowledge them as the right Inheritors of the Crown Yet the State elected and invested in the Crown of England within 30. dayes aftter the death of Henry Stephen Earle of Bolloign and Montague Son of Stephen Earl of Blois having no title at all to the Crown but by meer election was advanced to it The Choosers being induced to make choice of him having an opinion that by preferring one whose title was least it would make his obligation the more to them and so they might stand better secured of their liberties then under such a one as might presume of a hereditary succession And being crowned and in possession of his Kingdome hee assembleth a Parliament at Oxford wherein hee restored to the Clergie all their former liberties and freed the Laity from their tributes exactions or whatsoever grievances oppressed them confirming the same by his Charter which faithfully to observe hee took a publike Oath before all the Assembly where likewise the BBs swore fealty to him but with this condition saith Daniel folio 69. SO LONG AS HE OBSERVED THE TENOVR OF THIS CHARTER And Speed in his Chronicle fol. 468. saith that the Lay-Barons made use also of this policiâ— which I say is justice and honesty as appeareth by Robert Earl of Glocester who swore to be true Liege-man to the King AS LONG AS THE KING WOVLD PRESERVE TO HIM HIS DIGNITIES AND KEEPE ALL COVENANTS But little quiet the Kingdome had for rebellions and troubles dayly arose by the friends of Maud the Empresse who came into England and his Associates pitching a field with him where he fought most stoutly but being there taken hee was sent prisoner to Bristell And after this Victory thus
Ambassage the most and impious that â—ver was sent by any Christian Prince unto Maramumalim the Moâ—â—â— intituled The great King of Africa c. Wherein he offered to render uâ—to him his Kingdome and to hold the same by tribuâ—â— from him as his Soveraign Lord to forgoe the Christian faith which he held vaâ—â— and receive that of Mahomet But leaving him and his people together by the cares striving with him for their â—â—â—râ—es and freedomes aâ— justly they might which at last brought in the French amongst them to the almost utter ruine and destruction of the whole Kingdome and at last he was poysoned by a Monk It was this King or Tyrant that enabled the Citizens of London to make their Annuall choyce of a Mayor and two Seriffes Martaine 59. The Kingdome being all in broyles by the French who were called in to the aid of the Barons against him and having got footing plot and endevour utterly to extinguish the English Nation The States at Glâ—cester in a great Assembly caused Henry the third his sonne to be Crowned who walked in his Fathers steps in subverting the peoples Liberties and Freedomes who had so freely chosen him and expelled the French yet was hee so led and swayed by evill Councellors putting out the Natives out of all the chief places of the Kingdome and preferred strangers only in their places Which doings made many of the Nobility saith Daniel folio 154. combine themselves for the defence of the publick according to the law of Nature and Reason and boldly doe shew the King his error and ill-advised course in suffering strangers about him to the disgrace and oppression of his naturall liege people contrary to their Lawes and Liberties and that unlesse he would reforme this excesse whereby his Crown and Kingdome was in imminent danger they would withdraw themselves from his Councell Hereupon the King suddenly sends over for whole Legions of Poictonions and withall summons a Parliament at Oxford whither the Lords refuse to come And after this the Lords were summonedto a Parliament at Westminster whither likewise they refused to come unlesse the King would remove the Bishop of Winchester and the Poictonians from the Court otherwise by the common Counsell of the Kingdom they send him expresse word They would expell him and his evill Councellors out of the land and deale for the creation of a new King Fifty and six yeares this King reigned in a manner in his Fathers steps for many a bloody battell was fought betwixt him and his people for their Liberties and Freedomes and his sonne Prince Edward travelled to the warres in Africa The State after his Fathers death in his absence assembles at the New Temple and Proclaim him King And having been six yeares absent in the the third yeare of his reigne comes home and being full of action in warres occasioned many and gâ—eat Levies of money from his people yet the most of them was given by common consent in Parliament and having been three years out absent of the Kingdom he comes home in the 16. year of his reign And generall complaints being made unto him of ill administration of justice in his absence And that his Judges like so many Jewes had eaten his people to the bones ruinated them with delays in their suits and enriched themselves with wicked corruption too comon a practice amongst that generation he put all those from their Offices who were found guilty and those were almost all and punished them otherwise in a grievous manner being first in open Parliament convicted See Speed folio 635. And saith Daniel folio 189. The fines which these wicked corrupt Judges brought into the Kings Coffers were above one hundred thousand marks which at the rate as money goes now amounts to above three hundred thousand Markes by meanes of which he filled his empty coffers which was no small cause that made him fall upon them In the mean time these were true branches of so corrupt a root as they flowed from namely the Norman Tyrant And in the 25. yeare of his reigne he calles a Parliament without admission of any Church-man he requires certain of the great Lords to goe into the warres of Gascoyne but they all making their excuses every man for himselfe The King in great anger threatned that they should either goe or he would give their Lands to those that should Whereupon Humphry Bohun Earle of Hereford High Constable and Roger Bigod Earle of Norfolk Marshall of England made their Declaration That if the King went in person they would attend him otherwise not Which answer more offends And being urged again the Earle Marshall protested He would willingly go thither with the King and march before him in the Vantguard as by his right of inheritance he ought to doe But the King told him plainly he should goe with any other although himself went not in person I am not so bound said the Earle neither will I take that journey without you The King swore by God Sir Earle you shall goe or hang. And I sweare by the same oath I will neither goe nor hang said the Earle And so without leave departed Shortly after the two Earles assembled many Noblemen and others their friends to the number of thirty Baronets so that they were fifteen hundred men at Arms well appointed and stood upon their own guard The King having at that time many Irons in the fire of very great consequence judged it not fit to meddle with them but prepares to go beyond the Seas and oppose the King of France and being ready to take ship the Archbishops Bishops Earles and Barons and the Commons send him in a Roll of the generall grievances of his Subjects concerning his Taxes Subsidies and other Impositions with his seeking to force their services by unlawfull courses c. The King sends answer that he could not alter any thing without the advice of his Councell which were not now with them and therefore required them seeing they would not attend him in this journey which they absolutely refused to doe though he went in person unlesse he had gone into Fraâ—câ— or Scotland that they would yet do nothing in his absence prejudiciâ—â—l to the peace of the Kingdom And that upon his return he would set all things in good order as should be fit And although he sayled away with 500. sayle of ships and 18000. men at Armes yet he was crossed in his undertakings which forced him as Daniel saith to send over forâ—more supply of treasure and gave order for a Parliament to be held at York by the Prince and such as had the managing of the State in his absence wherein for that he would not be disappointed he condescends to all such Articles as were demanded concerning the Great Charter promising from thence-forth never to charge his Subjects otherwise then by their consents in Parliament c. which at large you may reade in the Book of Statutes for which the Commons of
the rest of his Suffragans solemnly pronounced the Sentence of Excommunication whiâ—h then was a feâ— full thunder-bolt against all such who should contradict those Articles which were there publikely read before the Barons and Commons of the Realme in the presence of the King Amongst which the observation and execution of Magnae Charta is required with all other ordinances necessary for the Church and Kingdome and that as the said King had done all stâ—angers should be banished the Court and Kingdome and all ill Councellors removed That the businesse of the State should be treated on by the Councell of the Clergy and the Nobles That the King should not begin any war or go any way out os the Kingdom without the common Councell of the same Daniel fol. 205. Speed fol. 652. But this King for his evill government breaking his Oaths and Contracts with his People was therefore by common consent in full Parliament deposed Which we shall have occasion bâ— and by more fully to speak of and the Bishop of Hereford as the mouth of those Messengers that were sent by the Parliament the Body of the State told him that the Common-wealth had in Parliament elected his eldest Son the Lord Edward for King and that he must resigne his Diadem to him or after the refusall suffer them to elect such a person as themselves should judge to be most fit and able to defend the Kingdome This Prince being crowned raigned above 50. years and hath the best commendation for Manhood and Justice of any Prince that went before him or that followed after him who yet notwithstanding though he came in by election and took the Oath at his Coronation which his Father took before him yet he fayled often in the performance of it Of which the BBp. of Canterbury in an Epistle written to him when hee was in France tells him home of it in these words That it was the safety of Kings and their Kingdoms to use grave and wise Councellors alleadging many examples out of holy Writ of the slourishing happinesse of such as took that course and their infelicity who followed the contrary Then wills him to remember how his Father led by evill Councell vexed the Kingdome putting to death contrary to the Law of the Land divers of the Nobility and wished him to consider what hapned thereby unto him 〈◊〉 to call to mind how himself at first through evill Councell about 〈◊〉 almost lost the hearts of his people But afterwards by the great 〈◊〉 and care of his Prelates and Nobles his affaires were 〈…〉 into so good order as he recovered them and is reputed the noblest Prince in Christendome But now again at present through the 〈◊〉 Councell of such as effect their own prosit more then his honour oâ— the welfâ—re of his People he had caused Clergy-men and others to be arâ—ested and held in prison by undue proceeding without being indicted or convilled contrary to the Laws of England which he saith he was â—â—â—nd by his Oath at his Coronation to observe and against Magna Charta which whosoever shall presume to infringe are to be by the Prelates excommunicate so that hereby he incurred no small detriment to his Soule and to the State and his Honour which he doubted if he proceeded in it would loose both the hearts of the people and their ayd and helpe Daniel Foli 229. 230. For which the King sharply according to his prerogative power reproveth him But shortly after the King found much to doâ— in the Parliament held at London being earnestly petitioned by the whole Assembly that the great Charter of Liberties and the Charter of Forrests might be duly observed and that whosoever of the Kings Officers inâ—ringed the same should loose their place That the high Officers of the Kingdome should as in former times * Read Daniel fol. 149. be elected by Parliament But the King stood stiff upon his prerogative but yet yeelded that these Officers should receive an Oath in Parliament to do justice unto all men in their Officâ—s and thereupon a Statute was made and confirmed with the Kings Seal both for that and many other Grants of his to the Subjâ—cts which notwithstanding were for the most part presently after revoked Daniel fol. 231. But forasmuch as About this time in the Statute-Bookes at large fol. 144. l find was an excellent Oath made in the 18. of Edw. 3. Anno 1344. intituled The Oath of the Justices I conceive it may be worth the reading and therefore it is not unnecessary here to insâ—rt it which thus followeth YE shall swear that well and lawfully ye shall serve our Lord the King and his People in the Office of Iustice and that lawfully ye shall counsell the King in his businesse And that ye shall not counsell nor assent to any thing which may turn him in dammage or disherison by any manner way or colour And that ye shall not know the dammage or disherison of him whereof ye shall not cause him to be warned by your self or by others and that ye shall do equall Law and execution of right to all his Subjects rich and poore without having regard to any person And that you take not by your self or by other privatly nor apertly guift nor regard of gold nor silver nor of any other thing which may turn to your profit unlesse it be meat or drinke and that of small value of any man that shall have any plea or processe hanging before you as long as the same processe shall be so hanging nor after for the same cause And that ye take no Fee as long as ye shall be Justice nor Robes of any man great or small but of the King himself And that ye give none advice nor counsell to no man great nor small in no case where the King is party And in case that any of what estate or condition they be come before you in your Sessions with force and arms or otherwise against the peace or against the form of the Statute thereof made Stat 2. E. 3. 3. to disturb execution of the common-Common-Law or to â—â—â—ace the people that they may not pursue the Law that ye shall cause their bopies to be arrested and put in prison And in case they be such that ye cannot arrest them that ye certifie the King of their names and of their misprision hastily so that he may thereof ordain a conveniable remedy And that ye by your selfe nor by others privily nor apertly maintain any plea or quarrell hanging in the Kings Court or else-where in the Country And that ye deny to no man common right by the Kings Lettâ—rs nor none other mans nor for none other cause in case any Letters come to you contrary to the Law that ye do nothing by such Letters but certifie the King thereof and proceed to execute the Law notwithstanding the same Letters And that ye shall do and procure the profit of the King and his Crown with
of pag. 706 707 714. In the Records of 1 R. 2. Num 44. and R. 2. Num 34. and 40. Again it will clearly appear that there is a contract betwixt the King his People yea and such a one as ties up all his public official actions to be according unto Law and not according to the rule of his own Wiâ—l if we seriously weigh but the Lawes made and past this present Parliament but especially that for abolishing the Star-Chamber and regulating the Councell-Table the Act for abolishing the high Commission Court two Acts for the levying and pressing Souldiers and Marriners and an Act declaring unlawfull and void the late proceedings touching Ship-money And an Act for preventing vexatious proceedings touching the order of Knight-hood And an Act for the free bringing in and free making of Gun-powder But if all this will not serve let us a little further consider what the Parliament saith who are the States representative of all the individuals of the State universall of England Book Declar. pag. 171. 264. 336. 508 613. 628. 654. 655. 703. 705. 711. 724. 725. 726 728. 729 730. And therefore are the highest supreamest and greatest Court Counncel and Judge of this Kingdome pag. 141 143 197 207 213 271 272 278 280 281 303 457 693 703 704 711 718 725. And who may justly be called the legall Conservators of Englands Liberties 281 277 282 264 496 587 588 617 693 698. Yea the legall and publike eyes and heart of Englands Politike Body pag. 213 278 340 690. Of whom a dishonourable thing ought not to be conceived of them pag 281 654. much lesle to be acted or done by them pag. 150. And they say pag. 266. That the King hath not that right to the Towns and Forts in England which the people in generall have to their estates the Towns being no more the Kings own then the Kingdome is his own And his Kingdome is no more his own then his people are his own And if the King had a propriety in all his Towns what would become of the Subjects propriety in their houses therein And if he had a propriety in his Kingdom what would become of the Subjects propriety in their Lands throughout the Kingdom or of their Liberties if his Majestie had the same right in their persons that every Subject hath in their Lands or Goods and what should become of all the Subjects Interests in the Towns and Forts in the Kingdome and in the Kingdom it self if his Majestie might sell them or give them away or dispose of them at pleasure as a particular man may do with his Lands and his Goods This erroneous Maxime being infused inâ—o Princes that their Kingdoms are their owne and that they may do with them what they will as if their Kingdoms were for them and not they for their Kingdoms is the â—oot of all the Subjects misery and of the invading of their just Righâ—s and Liberties whereas indeed they are only intrusted with their Kingdomes and with their Towns and with their People and with the publike Treasure of the Common-wealth and whatsoever is bought therewith And by the known Law of this Kingdom the very Jewels of the Crown are not the Kings proper Goods but are only intrusted to him for the use and ornament thereof As the Towns Forts Treasure Magazine Offices and the People of the Kingdome and the whole Kingdome it self is intrusted unto him for the good and safety and best advantage thereof And as this Trust is for the use of the Kingdom so ought it to be managed by the advice of the Houses of Parliament whom the Kingdom hath trusted for that purpose it being their duty to see it discharged according to the condition and true intent thereof and as much as in them lies by all possible meanes to hinder the contrary and therefore say they pag. 276. by the Statute of 25. Ed. 3. It is a levying of warre against the King when it is against his Lawes and Authority though it be not immediatly against his Person And the levying of Force against his Personall Commands though accompanied with his presence if it be not against his Lawes and Authority but in the maintainance thereof is no levying of warre against the King but for him for thâ—re is a great difference betwixt the King as King and the King as Charles Stuart And therefore say the Parliament pag. 279. That Treason which is against the Kingdome is more against the King then that which is against his Person because he is King for that very Treasor is not Treason as it is against him as a man but as a man that is a King and as he hath relation to the Kingdome and stands as a Person intrusted with the Kingdome discharging that Trust And therefore page 722. that Alexander Archbishop of Yorke Rob. Delleer Duke of Ireland Trisiilian L. chief Justice the rest in the time of Richard the 2. were guilty of Treason and so adjudged by two Acts of Parliament viz. 11. R. 2. 1. 2. and 1. H. 4. 3. and 4. which to this day are both in force for levying Forces against the Authority of Parliament and to put to death divers principall members of both Houses although they had the Kings expresse Command to do it and the promise of his presence to accompany them which yet for all that neither would nor did save their lives in regard as they say page 723. It is a known rule in Law that the Kings illegall Commands though accompanied with his presence do not excuse these that obey him therfore if the Kingdom be in danger and the King wil not hearken to the Parliament in those things that are necessary for the preservation of the peace and safety of the Kingdome Shall they stand and look on whilest the Kingdome runs to evident ruine and destruction No page 726 for safety and preservation is just in every individuall or particular page 44. 150. 207. 382. 466. 496. 637. 690. 722. much more in the Parliament who are the great and supream legall Councell from whom there is no legall appeale as is before declared Yea and in their Declaration of the 19. of May 1642. page â— 7. they tell us that this Law is as old as the Kingdome viz. That the Kingdom must not be without a meanes to preserve it selfe which that it might be done without confusion say they this Nation hath entrusted certain hands with a power to provide in an orderly and regular way for the good and safety of the whole which power by the constitution of this Kingdome is in his Majesty and in his Parliament together Yet since the Prince being but one person is more subject to accidents of nature and chance whereby the Common-wealth may be deprived of the fruit of that Trust which was in part reposed in him in cases of such necessity that the Kingdome may not be inforced presently to return to its first principall and every man
Sons might in regard of that large promise that was made to David that his Sons should sit upon the Regall Throne for many Generations Again the King page 443. ingages to maintain the Priviledges of Parliament as far as ever any of his Predecessours did and as farre as may stand with that Justice which he owes to his Crown which what that is I have before declared and is very fully declared in that Oath which he himself hath taken page 291. although it fail and is very short of that he ought by law and right to take so that now I have fully proved I am confident of it without any starting hole left for contradiction That the King receives his Crown by contract and agreement unto which by Law and Right he is bound and tied I thought to have here inserted some excellent passages for the further illustration of the Position out of the first and second parts of the Observations and a late Book called Maximes unfolded But in regard I have I am afraid been over-tedious already I will refer you to the bookes themselves or in case they be hard to come by to that abridgment of the marrow of them which you shall finde in an excellent and rationall Discourse of Mr. Lilburns against those Vipers and grand Enemies to the Liberties of England the monopolizing Merchants in his Book called Innocenciè and Truth justified page 57 58 59 60 61. I come now to the last branch of the minor Proposition which is THAT KING CHARLES HATH BROKEN HIS CONTRACT AND AGREEMENT And for the proofe of this I must lay downe this assertion That the Parliament is the only proper competent legall supreame Judge of this as well as of all other the Great Affaires of the Kingdom â—s is before largely proved And for further illustration reade Book Declar. pag. 100 112 171 172 170 202 693 716. Now in the next place let us consider what the Parliament in their publike Declaration say of the King who confesses himself as well as the Parliament asserts and proves it that his Oath taken at his Coronation tyes him to raigne and govern according to Law Yet whosoever seriously reades over the first Petition and remonstrance of the State representative of England commonly called the House of Commons who onely and alone have and ought to have that title Pag. 264. 336. 508. 613. 628. 654. 655. 703. 705. 711. 724. 725. 726. 728. 729. 730. The House of Peers being meer usurpers and inchroachers and were never intrusted by the people who under God the fountaine and Well-spring of all just power as well legislative as other with any legislative power who meerly sit by the Kings prerogative which is a meer bable and shaddow and in truth in substance is nothing at all there being no Law-making-power in himselfe but meerly and onely at the most a Law-executing-power who by his Coronation Oath that he hath taken or ought to have taken is bound to passe and assent to all such Lawes as his people or Commons shall chuse as is largely by the forecited Declarations of the Parliament proved Now if he have not a legislative power in himselfe as the Lords themselves by joyning with the Commons in their Votes and Declarations do truly confesse and notably prove how is it possible for him to give that to them which is not inherent in himselfe Or how can they without palpable usurpation claime and exercise a Law-making-power derivatively from the King alone when he hath none in himselfe which they themselves confesse and prove wherefore how can the House of Commons the representative body of England without willfull perjury having so often sworne to maintaine the Liberties of England and without being notoriously guilty of Treason to themselves and others and all those that chuse them and trusted them suffer the Lords to continue in their execution of their usurpations many times to the palpable hazard yâ—a almost utter ruin of the Kingdome by their denial thwarâ—ing and crossing of those things that evidently tends to the preservation of the whole Kingdome and by their pretended leg slative power destroy whole families and fill the Jayles of Londm at their pleasure contrary to Law and right with COMMONS with whom they have nothing to do without being controled by the Trusteâ—s of the people the HOUSE of COMMONS although they be legally appealed to for that end witnesse Mr. Lâ—lburne Mr. Staveley prisoner in the Fleete Mr. Learner for himselfe and servants Mâ— Overton c. to their everlasting shâ—â—â— and disgâ—ace bâ—â—â— spoken Oh therefore awake awake and 〈◊〉 with strength and resolution ye chosen and betrusted ones of England the earthly arme strength thereof and free your Masters and betrusters the whole State of England from those invading â—â—urping Tyraâ—â—â—call Lords Bondage and Thraldoms lest to your shame they do it themselves and serve them as they did the Bishops for preservation your selves siy is just Pag. 44. 150. 207. 496. 637 72â— 226. and is as antient a Law as any is in the Kiâ—gdâ—m pag. 207. And you have also the 17. Aprill last declared that you wilâ— suffer no arbitrary tyrannicall power to be exercised over the freemen of England but the Lords do it therefore if ye be true and just men such who would be believed and trusted do as you say before the Lords by their plots with the enemies of the freedoms of England such as wicked English and Scots Lords and other prerogative Courtiers and corrupt Clergy and patentee Monopolizers and contentious wrangling jangâ—ing and pety fogging Lawyers and by their own impudent and uncontrouled injustice imbroyle this Kingdome in a second warre they and their associates and confederates having been the cause of the by-past warres not for any love to the Liberties of England though that was their pretence but meerly out of malice to the raigning and ruling party at Court whose utmost desire was to unhorse them that so they might get up into the saddle and ride raigne and rule like Tyrants themselves they loving at this very day the King-Prerogative Tyranny and oppression as dearly as any of these at Court which they complained of witnesse their dayly actions and the actions of all their fore-mentioned faction which is lively haracterised in a late Discourse called A Remonstrance of many thâ—usand Citizens and other Free-born People of England to their owne House of Commons and will more fully be laid open shortly in the second part of it But if the Lords think they are wronged by this digression and that their right to their Legislative power is better then is here declared I desire their Lordships or any other for them to let the Kingdome know what better right they have to sit in Parliament then the old Popish Abbots had that are long since as Incrochers abolished Or then the Bishops or the Popish Lords that are lately defunct do Sure I am the right they had was as good as any their
heart blood against you in this way My Lords said he are not you the men that first engaged this kingdome in this present warre And you pretended and swore it was for the maintenance of the lawes and liberties of England But my Lords if you dissembled or were in jest I am sure said he I was reall and in good earnest And therefore my Lords before you shall wrest out of my hand my essentiall liberties and freedomes and that which makes me a man and to differ from a beast having already run the hazards of so many deaths for the preservation of them as I have done I tell you plainly and truly I will by the strength of GOD vâ—nture my life and blood as freely and resolutely against you in this particular as ever I did in the field against any of the Cavaliers who you told us endevoured and intended to destroy the lawes and liberties of England And some of your selves know that that was resolutely enough And much more as I understand he told them then which I leave to the relation of his own pen and hand which I beleeve the world will shortly see But they went on and sentenced him two thousand pounds to the King for his present contempt at their Barre and two thousand pounds for his pretended crimes contained in their Articles which they took pro confesso because he would not heare them read But in regard that his wives late petition delivered to the House of COMMONS September 23. 1646. doth notably and excellently set forth the illegality of the manner c. of the Lords proceedings with him we judge it very necessary here to insert it not only for the proof of the thing in hand but also for her exceeding commendations in so close following her husbands businesse in his great captivity with such resolution wisdome and courage as she doth whose practice herein may be a leading just and commendable president for all the wives in England that love their husbands and are willing to stand by them in the day of their tryall Her petition thus followeth To the Chosen and betrusted Knights Citizens and Burgesses assembled in the high and supream Court of PARLIAMENT The Humble Petition of ELIZABETH LILBURNE wife to Lieu. Col JOHN LILBURNE who hath been for above eleven weeks by-past most unjustly divorced from him by the House of Lord and their tyranâ—icâ—ll Officers against the Law of GOD and as she conceives the Law of the Land Sheweth THat you only and alone are chosen by the Commons of England to maintain their Laws and Liberties and to do them justice and right a a Coll. of decl pag 254. 336. 382. 508. 613. 705. 711 716. 721. 724. 716 7â—1 72â— 73â— which you have often befor God and the World sworn to do b b Coll. Decl. page â—61 663. protestation and covenant yea and in diveâ—â— of your Declarations declared it is your duty in regard of the trust reposed in you so to doe c c Coll. decl pag. 81. 1â—2 262 266 267 340 459. 462 471 4â—3 58â— â—9â— without any private aimes personall respects or passions whatsoever d d Col. decl p. 4â—4 490. 750. And that you think nothing too good to be hazarded in the discharge of your consciences for the obtaining of these ends e e Colâ— decl p. â—14 And that you will give up your selves to the uttermost of your power and judgement to maintain truth and conforme your selves to the will of God f f Col. declar p. â—66 which is to â—oâ— justice and g g ler 22 16. 15. 16. 17. right and â—ecure the Persons Estates and Liberties of all that joyned with you h h Col declar 6â—6 673. imprecating the judgments of Heaven to fall upon you when you decliâ—e from these ends * * Col. Declar 4 you judging it the greatest scandal that can be laid upon you that you either do or intend to subvert the Lawes Liberties freedoms of the people i i Col. declar p. 264. 281. 494. 497. 654. 694. 696. Which freedoms c. you your selves call The coÌ„mon birth-right of English-men k k Col. declar p. 738. 140. â—45 who are born equally sreeâ— and to whom the law of the land is an equal inheritance and therefore you confesse in your Declar. of 23. Octob. 1643. l l Pag. 660. It is your duty to use your best endevours that the meanest of the CoÌ„monalty may enjoy their own birth-right freedom liberty of the laws of the land being equally as you say intitled thereunto with the greatest subject The knowledge of which as coming from your own mouthes and Pen imboldned your Petitioner with coÌ„fidence to make her humble addresse to you to put you in mind that her husband above 2 moneths agoe made his formal legall appeale to you against the injustice and usurpation of the Lords acted upon him which you received read coÌ„mitted and promised him justice in But as yet no report is made of his busines nor any relief or actual justice holden out unto him although you have since found time to passe the CoÌ„positions pardons for the infranchising of those that your selves have declared Traytors and Enemies to the Kingdom which is no small cause of sorrow to your Petitioner and many others that her husband who hath adventured his life and all that hee had in the World in your lowest condition for you should bee so slighted disregarded by you as though you had forgot the duty you owe to the kingdom and your many Oathes Vowes and Declarations ** ** Decl. 460. 498. 666. 673. which neglect hath hastened the almost utter ruine of your Petitioner her husband and small Children For the Lords in a most tyrannicall and barbarous manner being encouraged by your neglect have since committed her husband for about three weeks close prisoner to Newgate locked him up in a little room without the use of pen ink or paper for no other cause but for refusing to kneel at the Bar of those that by law are none of his Judges m m Magna Charta 29. Sir E. Cook 2 part Instit fol. 28. 29. Rot. 2. â— 3. The cruell Jaylors all that time refusing to let your Petitioner or any of his friends to set their feet over the threshold of his chamber door or to come into the prison yard to speak with him or to deliver unto his hands either meat drink money or any other necessaries A most barbarous illegall cruelty so much coÌ„pâ—ained of by your selves in your Petition Remonstrance to the King 1. Decemb. 1641. n n Col. declar 6 7 8. and detested abhorred there by you as actions cruelties being more the proper issues of Turks Pagans Tyrants and men without any knowledge of God then of those that have the least spark of Christianity Honour or justice in their bâ—easts And then while they thus
tyrannized over your Petitioners husband they command as your Petitioner is informed Mr. Sergeant Finch Mr. Hearn Mr. Hale and Mr. Glover to draw up a Charge against your Petitioners husband without giving him the least notice in the world of it to fit himself against the day of his tryall but contrary to all law justice and conscience dealt worse with him then ever the Star-chamber did not only in keeping his Lawyers from him but even all maner of Councellors Friends whatsoever even at that time when they were about to try him and then of a sudden send a Warrant for him to come to their Bar who had no legall authrity over him to hear his charge read where he found the Earle of Manchester his professed enemy and the only party of a Lord concerned in the businesse to be his chief Judge contrary to that just Maxime of law That no man ought to be both party judge a practice which the unjust Star-chamber it self in the days of its tyranny did blush at and refuse to practise as was often seen in the Lord Coventries case c. And without any regard to the Earl of Manchesters impeachment in your House of treachery to his countrey by L. Gen. Cromwel which is commonly reported to be punctually and fully proved a charge of a higher nature then the Earl of Strafford for which he lost his head And which also renders him so long as he stands so impeached uncapable in any sense of being a Judge And a great wrong and injustice it is to the kingdome to permit him and to himself if innocent not to have had a legall tryall ere this to his justificatâ—on or condemnation And besides all this because your Petitioners husband stood to his appeal to your Honours and would not betray Englands liberties which you have all of you sworn to preserve maintain and defend they most arbitrarily illegally and tyrannically sentenced your Petitioners said husband to pay 4000. l. to the King not to the State for ever to be uncapable to beare any Office in Church or Common-wealth either Martiall or Civill and to lie 7. years a prisoner in the extraordinary chargeable prison of the Tower where he is in many particulars illegally dealt withall as he was when he was in Newgate Now forasmuch as the Lords as they claim themselves to bee a House of Peers have no legall judgement about Commoners that your Petitioner can heare of but what is expressed in the Statute of the 14. Ed. 35. which are delayes of justice or error in iudgement in inferior Courts only and that with such limitations and qualifications as are there expressed which are that there shall be one Bishop at least in the judgement an expresse CoÌ„mission from the King for their medling with it All which was wanting in the case of your Petitioners husband being begun and ended by themselves alone And also seeing that by the 29 of Magna Charta your Petitioners husband or any other Commoner whatsoever in criminall cases are not to be tried otherwise then by their Peers which Sir Ed Coâ—k in his exposition of Magna Charta which book is printed by your own speciall authority saith is meant equals fol. 28. In which saith he fol. 29. are comprized Knights Esquâ—res Gentlemen Citizens Yâ—omeâ— Burgesses of severall degrees but no Lords of Parliament And in p. 46. he saith No man shall be disseised that is put out of seison or dispossessed of his freehold that is saith he lands or livelihood or of his liberties or free customes that is of such franchises and freedoms and free customes as belong to him by his freâ— Birth-right unlesse it be by the lawfull judgement that is verdict of his Equaâ—s that is saith he of men of his own condion or by the law of the land â—hâ—t is to speak it once for all By the due course processe of law Au saith he 〈◊〉 man shall be in any sort destroyed unlesse it be by the ve dict and judgement of his Peers that is eqâ—als â—r by the law of the land And the Lords themselves in old time did truly confesse That for them to give judgement of a Commoner in a criminall case is contrary to law as is clear by the Parliaments record in the case of Sir Simon d' Bereford 4. Ed. 3. Rot. 2. the true copy of which is in the hands of M. H. Martâ—n they there record it That his case who was condemned by them for murdering King Edw. 2. shal not be drawn in future time into president because it was contrary to law they being not his Peers that is his Equals And forasmuch as the maner of their proceedings was contrary to all the former ways of the law publickly established by Parliament in this kingdom as appears by severall Statutes o o 5. Ed. 3. 5. 25. Ed. 3. 4. 28. E. 3. 3. 37. Ed. 3. 8. 38 Ed. 3. 9. 42 Ed. 3. 3. 17 Ri 2. 6. Rot. Parl. 43. E. 3. Sir lo. Alces case num 21 22 23 c. lib. 20. fol. 74. In case declar Marshalses â—ee Cook 2. part Instit fol. 464 which expresly say That none shall be imprisoned noâ— put out of his free-hold nor of his franchises nor free customes unless it be by the law of the land and that none shall be taken by Petition or suggestion made to the King or to his Councel unlesse it be by indictment or presentment of good and lawfull people of the same neighborhood where such deeds be done in due manner or by processe made or by Writ original at the common-law Which Statutes are nominally and expresly confirmed by the Petition of Right by the Act made this present Parliament for the abolishing the Star-chamber and thereby all acts repealed that formerly were made in derogation of them But contrary hereunto the Lords like those wicked Justices spoken of by Sir Ed. Cook p p Pat. Instit 51. in stead of trying her husband by the law of the land proceed against him by a partiall tryall flowing from their arbitrary will pleasure and discretion c. * For though they summoned him up to their Bar June 10. 1646. Rot. part 2. 1. H. 4. mem 2. num 1. 27. Instit f. 51. Book declar 58 39 278 845. to answer a Charge yet they refused to shew it him or give him a Copy of it but committed him to Newgate Iune 11. 1646 although he behaved himself then with respect towards them both in word and gesture meerly for refusing to answer to their Spanish Inquisition-like Interrogatories and for delivering his legall Protestation Their Mittimus being as illegall as their summoning of him and their own proceedings with him Their commitment running To be kept there not till he be delivered by due course of Law but During their pleasure which Sir Edw. Cooke saith is illegall q q 2 part instit fol. 52 53. and then locked up close
judicative power nor a legislative power inherent in him as is strongly undeniably and unanswerably proved before in pag. 43 44 46 47 60 61. And therefore away with the pretended power of the Lords up with it by the roots and let them sit no longer as they do unlesse they will put themselves upon the love of their Country to be freely therby chosen as their â—oÌ„missioners to sit in Parliament for I am sure in right all their actions now are unbinding and unindivalid which becomes you O all ye Free-men or Commoners of England out of that duty you ow to your selves yours and your native Country throughly and home to set forth by Petition to your own HOVSE of COMMONS and to desire them speedily to remove them before the Kingdome be destroyed by their crosse proud and inconsistent interest for little do you know what Scotch-ale divers of them are now a brewing Read the Histories of William the Conqueror and you shall easily find that the pride and contention of those English-men that were called Lords amongst themselves was no small cause of the losing of this Kingdome to that Tyrant for saith Speed fol. 409. After the Normans had slain King Harold and overthrown his Army the two great Earles of Yorkshire and Cheshire Morcar and Edwine coming to London where the Londoners c. would gladly have set up Edgar Atheling the true Heire to the Crown to have been their Captain Generall to have defended them from the powerfull Norman Invaders who now was exceedingly fleshed with his victory and now likely to over-run the whole Land yet such was the pride and baesenesse of these two great Lords that the misery distresse and fearfull estate of their native Country could not disswade from their ambition plotting secretly to get the Crown to themselvs which hindered that wise and noble design and totally lost their native Country O COMMONS OF ENGLAND therefore beware of them and have a jealous eye over them and take heed that when it comes to the pinch they serve you not such another trick again For I am sure their interest is not yours nor the publikes neither is it consistent with their ends that you should enjoy Justice or your undeniable and just rights liberties and freedomes And well to this purpose saith Daniel pag. 36. That after the Bishops and the Clergy had shewed their aversnesse to the erecting of that probable meanes that was propounded to hinder the theevish invader the Nobility considering they were so born and must have a King and therefore considering of his power made them strive and run head-long who should bee the first to pre-occupate the grace of servitude and intrude them into forraign subjection So that the poor Commons like a strong vessell that saith hee might have been for good use were hereby left without a stern and could not move regularly trusting and resting it seemes too much upon those Lords which I call the broken Reeds of Egypt by whom they were undone But for the further cleeâ—ng of the Originall of the House of Peers pretended power I shall desire the understanding Reader to read over a little Treatise printed in Anno 1641. called The manner of holding of Parliaments in England in the 28. pag. hee saith King Harold being overcome William the 1. King and Conqueror having obtained the Soveraignty according to his pleasure bestowed Dignities and Honours upon his companions and others Some of them so connext and conjoyned unto the Fees themselves that yet to this day the possessors thereof may seem to be inabled even with the possession of the places only as our Bishops at this day by reason of the Baronies joyned unto their Bishoprickes enjoy the title and preheminence of Barons in highest Assemblies of the Kingdome in Parliament he gave and granted to others Dignities and Honours together with the Lands and Fees themselves hee gave to Hugh Lupas his kinsman a Norman and sonne to Emma sister to the Conqueror by the Mother the Earldome of Choster Adconquirendum AngliaÌ„-per Coronam that is in English to conquer and hold to himself and his Heires as free by the Sword as the King of England held it by his Crown to HANNVSRVFVS then Earl of Britain in France the Earldome of Richmond It a libâ—re honorifice ut eâ—ndem Edwinus Comes antea tenueâ—at that is in English as freely and honourably as Edwine Earle held it before And the Earldome of Arundel which Harrold possessed he granted with a fee unto Roger of Montgomeny And in page 33. the same Author declares That Kings sometimes not regarding the Solemnities of Ceremonies and Charters have only by their becks suffered Dignities and Honours to be transferred So that by what Iam able to gather out of ancient Histories William the Conquerour absolutely subdued the Rights and Priviledges of Parliaments held in England before this time The manner of holding of which as the same Author in his first page declares was by the discreet sort of the Kingdome of England rehearsed and shewed unto the Conquerour which as hee saith he approved of And the same doth John Minshew say in his Dictionary published and printed at London July 22. 1625. fol. 526. his words are these In England the PARLIAMENT is called for the debating of matters touching the Common-wealth and especially the making and correcting of Lawes which Assembly or Court is of all other the highest and of greatest authority as you may read in Sir Thomas Smith de Re. Angl. lib. 2. cap. 1. 2. Cambd. Brit. Compt. Juris fol. 1. And see the Institution of this Court Polydor Virgil lib 11. of his Chronicles referâ—eth after a sort to Henry 1. yet confessing that it was used before though very seldome You may find saith he in the former Prologue of the grand Customary of Normandy That the Normans used the same meanes in making their lawes In a Monument os Antiquity shewing the manner of holding this Parliament in the time of King Edward the sonne of King Etheldred which as the Note saith was delivered by the discreeter sort of the Realm to William the Conqueror and allowed by him This writing began thus Rex est Caput c. See more saith he of the course and order of this Parliament in Compt. Juris fol. 1. c. And VOWEL alias Hooker in his Book purposely written of this matter Powels book called the Atturneys Academy Read Mr. William Prynnes first part of the SOVERAIGNE POWER OF PARLIAMENTS AND KINGDOMES printed by the authority of this present Parliament pag 42 43 44. William the Conqueror having as to me is clearly evident subdued Parliaments their power authority priviledges and jurisdiction did set up by the absolute law of his own will for his Compceres Couzens and Connsellors such men who had most pleased him in vassalizing and enslaving this kingdom and the people thereof in whose steps severall of his successors after him did tread So that the kingdome was
IN BONDS The second A PEARL IN A DVNGHILL The third A REMONSTRANCE OF MANY THOVSAND CITIZENS and other Free-born People of England to their own House of Commons c. The second of Shepheards is called The false Allarme or an Answer to an Allarme To the House of Lords The fourth Pamplet I find against L. C. Lilburn is called Plain â—nglish which last only gives him two wipes in his 4. and 12. pages Therefore in regard that the Author of the City Remonstrance Remonstrated hath put Pâ—n to Paper to answer part of Mr. Bellamies Book but hath not medled with any thing of that which doth concern Lieut. Col. Lilburn And secondly Forasmuch as none that is yet visible have medled with any of the other And thirdly In regard that the man is full of Heroicalnesse and a zealous lover of his Country to whom all the honest free-men of England are extraordinarily oblieged for his constant couragious and faithfull standing for their just liberties that both God Nature and the Law of the Land giveth them Aâ—d â—astly inregard that by a laâ—e published Book called LIBERTY VINDICATED AGAINST SLAVERY I understand of the Lieutenant of the Towers base unworthy illegall and strict dealing with him as in many other things so in keepiâ—g him from Pen and Ink by meanes of which he is unablâ— to speak pubâ—ikely for himself which is a sad barbarous base and inhumane case That a man shâ—uld be so illegally dealt with as he is and abused in print and his good name endeavoured Cum priviâ—egio to be takâ—n away by every Rascall and yet the poor man not suffered to speak a word for himself Oh! horrible and monstrous age that dare without remorse mainâ—am such horriblâ— impiety and injustice Surelâ— I may well say of them with the Propâ—â— Isa Isa 5. 20 23 24 Woe unto them that call evill good and good evill that put darkness for light and light for darknesse that put bitter for sweet and sweet for bitter which justifie the wicked for reward and take away the righteousnesse of the righteous foom him Therfore as the fire devoureth the stubble and the flame consumeth the chaffe so their root shall be rottennesse and their blossome shall go up as dust because they have cast away the Law of Jehovah of Hosts and despised the Word of the holy One of Israel For he that justifieth the wicked and he that condemneth the just even they both are an abomination to Jehovah Prov. 17. 15. In consideration of all which together with many more things I shall endeavour according to that insight I have in Mr. Lilburnes behalf to make a little more work for his enemies the Lords and their Associates But this as a faire adversary I shall advise them either to get stouter Champions that can handle their weapons better then those that have yet appeared or else their cause will utterly be lost I shall not now undertake to answer the particulars in the forementioned Bookes but leave that to another Pen and shall give a home provocation to the best and ablest Lord in England or the choicest Champion they have to produce some sound arguments to maintain their jurisdiction or else their two stooles called Vsurpation and custome upon which they sit will let them fall to the ground And the method that I shall observe shall be this First I will prove that if it were granted that the Lords were a 〈…〉 and had a judicatiue power over the Commons yet 〈…〉 of the Lords dealing with him is illegall and unjust Sâ—coâ—â—ly I will prove that 〈◊〉 the Lords were a Jvdicature yet they 〈…〉 Tâ—â—â—â— I will give some reasons to manifest that they are no Judicaâ—◠〈…〉 â—â—uâ—â—â—ly That they by Law and Right are no Law-makers Fifthly That by Law and Right it lyeth not in the power of tho King â—â—r the Hâ—use of 〈…〉 to deligate the legislative poweâ— eithâ—r to the Lords 〈◊〉 or â—â—â—â—â—yned nor to any other persons 〈…〉 Now for the proofe of these 〈◊〉 auâ—hâ—riâ—y I shall make use oâ— shâ—lâ— â—â—st be dâ—râ—vâ—d â—râ—m Scripture Sâ—coâ—dly from the 〈…〉 and strengâ—h of sound reason Tâ—irdly from he declared Stâ—tâ—te-Law of the Kingdome Fourthly â—rom tâ—is 〈…〉 〈◊〉 Declarations Fifthly aâ—â—â—astly 〈…〉 Histories of England licenced by publike Authority And that I may not raise a Pâ—bâ—iâ—k with â—ut laying a good Foundation I 〈◊〉 set down 〈◊〉 strong and undeniable position which I fiâ—â— aâ— a Pâ—st-scrip◠〈…〉 latter end of 〈…〉 â—ilburns princed Protestation against the Lords which is â—â—us GOD the absâ—luâ—e Sâ—vâ—raigâ—e Lord and King of all things in heaven and 〈◊〉 〈…〉 and 〈…〉 all causeâ— who is 〈…〉 gâ—vâ—râ—ed and lâ—mâ—itted by no rules but doth all things 〈…〉 wâ—ll and unlimitted good 〈…〉 world and all things therein for his owâ— glâ—ry and 〈◊〉 by 〈◊〉 own will and pleâ—suâ—e 〈◊〉 man his meer 〈…〉 the 〈…〉 undâ—r himsâ—lfe over â—l the restâ—â— his â—reaturâ—â— G 1. 1. 26 28. 29. and enâ—ued 〈…〉 with aâ—ationâ—ll â—oulâ— or 〈…〉 a 〈…〉 creatâ—d him aâ—ter his owâ— image Geâ— 1. 26. 7 â—â— 9 â—â— the first of which wâ—s Adam a malâ— or man 〈…〉 of the â—ust or â—lay out of whese side was takâ—n a â—â—b wâ—â—ch 〈…〉 Sâ—veraigâ—e 〈…〉 mighty ereaâ—â—â—g power of God was 〈…〉 or wâ—mâ—â— called â—ue which two are the earthly original â—ouâ—atin as begetter and bringerâ— forth oâ— all and every particular and individuall man and woman that ever breathed in the world since who arâ— â—nd were bâ— nature aâ—l alike in power dignity authority and mâ—jesty none of them â—aving any â—uthority dominion or magist râ—al power one over or aboue another but by instiâ—ution or â—oration that is to say by 〈◊〉 uâ—â—il agreement or consent given derivâ—d or assuâ—â—d by mutuall 〈◊〉 and agreement for the gooâ— bâ—nefit and câ—mfort each oâ— other and not for the misâ—hieâ—e hurt or iamage of aâ—y it being 〈◊〉 irrationâ—ll siâ—â—ull wicked and unjust for 〈◊〉 man oâ— men whatsoever to partâ—â—tâ—â— so much of their power a shall â—nable any of their Parliament men Commâ—ssioners Tâ—ustâ—es Dâ—puties Viceroyes Ministers Officers and servâ—nts to destroy â—nd uâ—doe them therewith And unâ—â—turall iâ—ration 〈…〉 wicked uâ—just divillish and tyraâ—nicall it is for any man whâ—â—soever piâ—iâ—uell oâ— tempâ—râ—ll Câ—ergy-men or Lâ—y-men to â—pâ—ropriaâ—e an â—assume unto himselfe a power â—uthority 〈…〉 govern or raigne over any sort oâ— men 〈◊〉 woâ—ld without their fâ—â—e consent and whosoever dâ—th it whether Clergy-mâ—n or â—â—y other whatsoever do thereby as muâ—h as in them lyes in leavâ—ur to appropriate and assume unto themâ—elves the Office and Soveraignty of GOD who alone doth and is to rule by his â—ill aâ—d pleasure and to bâ—like their Creator 〈◊〉 wâ—s 〈…〉 of the dâ—velâ— who not being content with their first stâ—tion but would be like GOD â—or which siâ— they were throwne downe into Hâ—ll reserved in everlâ—sting câ—atnes under darkenesse unto the judgement of the great day Iude vers 6. And Adams fin it was
upon me without my conâ—â—nt the doing of which is meerly tyrannicall Antichristian and Diâ—bolicall Rom. 13. Yea Reason tells me in this that no Soveraignty can justly be exercised nor no Law rightfully imposed but what is given by common consent in which every individuall is included So this proves the latter part of the Argument As for the minor Proposition I think it will not be denied for I conceive none that confesse Christ to be come in the flâ—sh will be so Atheisticall as to affirme the King to be any more then a meer man subject to the like infirmities with other men See Acts 12. 22 23. Dan. 14. 22 25 33. and 5. 18 20 23. As touching the second Argument the whole Current of the Scripture proveth iâ— In all the Contracts betwixt GOD and his Creatures As ioâ— instance First with Adam who by Gods contract being his Soveraign was to enjoy Paradice c. upon such and such a condition but as soon as Adam broke the agreement GOD took the forâ—â—iture see Gen. 3. 16 17 24. So likewise GOD made a contract with 〈◊〉 when he gave the Law in Mount Syna as their LORD and KING by the hand of Moses But when they broke their Covenant GOD took the forfeiture though he being a Soveraigne LORD and governed by nothing buâ— his own WILL forbore long the finall execution of the forfeiture So in the same case amongst the Sons of Men that live in mutuall society one amongst another in nature and reason there is none above or over another against mutuall consent and agreement and all the particulars or individuals knit and joyned together by muâ—uâ—ll consent and agreement becomes a Soveraign Lord and King and may create or set apart for the execution of their Lawes flowing from their will and mind founded upon the Law of God ingraven in nature and demonstrated by reason Oâ—â—icers which we call Magistrates and limit them by what rules they judge convenient alwayes provided they be consonant to the Law of God Nature and Reason by the â—orce of which it is not lawfull for any man to subject himself to be a slave For that which is against Nature and the glory of the Image of GOD that he created man in Gen. 9. 6. and so a dishonour to himself and to his Maker his absolute and alone Soveraign cannot justly be done But to subject to slavery or to be a slave is to degenerate from his Originall and Primitive institution of a Man into the habit of a Beast upon whom GOD never bestowed that stile of honour of being creatures created in the Image of their Creator And therefore I am absolutely of Catoes mind to think that no man can be an honest man but he that is a free man And no man is a free man but he that is a just man And for any man in the world whatsoever he be that shal by his sword or any other means thus assume unto himself and exercise a power over any sorts of men after this kind against their wills and mindes is an absolute Tyrant and Monster not of God or mans making but of the Divels linage and off-spring who is said to go up and down the world seeking whom he may devour who ought to be abhorred of GOD and all good men seeing that such Monsters commonly called Kings 〈◊〉 Monarks assume unto themselves the very Soveraignty Stile Office and name of GOD himself whose Soveraign Prerogative it is only and alone to rule and govern by his will Therefore when the Sons of men took upon them to execute in this kind GOD raised up Moses his Servant to deliver those whom he took delight in from their tyranny and to be an Instrument in his Name to ruine and destroy that grand Tyrant Pharoâ—h and all his Country Exod. 3. 9 10. and 5. 5. and 14. 5 14 25 28. As he journied towards Canaan God by his Agents destroyed five Vsurpers or Kings more at one bouâ— Num. 31. 8. and more at the next bout Num 32. 33. Deu 3. 2 3. And after him the Lord raised up Ioshua whom he filled full of the Spirit of wisdome Deut 34. 9 to be his executioner upon such his pretending Competitors Kings alias Tyrants And the first that I read of was the King of Jericho whom he destroyed Josh 6. 21. and 10. 28. And the next was the King of Are whose Citie and Inhabitants he utterly destroyed and hanged their King on a trâ—e Josh 8. 26 28 29 The next after them waâ— five Kings with whom he waged battell altogether And when he had slain their people he took the five Kings and caused his Captains and men of war to tread upon their necâ—â—s and afterwards he sâ—ote them and slew them and hanged them on five trees Iosh 10. 26. The next he destroyed was the King of Makkedah vers 28. and vers 29. he destroyed the King of Libnah vers 23. he destroyed the King of Gezer and the next he destroyed was the King of Hebron vers 37. Aâ—d then he utterly destroyâ—d the King of Debir and his City vers 39. and in chap. 11. Hazer sent to abundance of his neighbouring Kings who assembled much people together even as the sand that is upon the Sea-shore vers 4 to fight against Joshua who utterly destroyed them all vers 12. 23. which in the next Câ—apter he enumerates And after Joshua the Lord chose Judah to be his Executioner â—â— his Deputy or Vice-Roy that being a name and title high enough for any man and the first piece of justice that Judah doth is upon Adonibezek who was a great and cruell King and Tyrant and his thumbs and his great toes he cut off who himself confessed it a just hand of God upon him himself having servâ—d threescore and ten Kings in the same manner and made them gather their meat under his Table Iudg. 1. 6 7. But the children of Israel hâ— Subjects of GOD not onely by Creation but also by Contract and Covenant vâ—oâ—ating their Covenant with their Soveraigne LORD and KING Iâ— noâ— driving out and utterly destroying the people of Gods indignation who had robbed him of his Honour as their Soveraign by creation in yeelding subjection to the wills and lusts of Tyrants called their Kings who had thereby usurped upon the peculiar Prerogative Royall of GOD himself and so put both Tyrants Kings and Slaves his Subjects out of the protection of their Creatoâ— wherefore they became unto them as thornes in their sides Iudg. 2. 2 3. and in a little time they began to rebell against their LORD and his Lawes which incensed his anger against them and caused him to deliver them into the hands of Spoylers and to sell them into the hands of their Enemies round about Iudg. 2. 14. And in the 9 chapter Abemilech sought the Soveraignty over the people and got it with the bloud and slaughter of threescore and ten of his Brethren but GOD requitâ—dâ—â— with a wiâ—nesse
both on him and all that had a finger in furthering of his usurpation vers 23 24 45 53 54 for afterward the Tyrant thaâ— they had set up destroyed them all for their pains and in the end had his scull broke to pieces with a piece of a mill-stone thrown from the hand of a woman And after many miseries sustained by the people of Israel for their revolt from their loyalty to GOD their LORD and KING Yet in their distresse hee took compassion of them and senâ— them Samuel a just and righteous Judge who judged â—hem justly all his dayes But the people of Israel like foolish men not being content with the Government of their Soveraign by Judges who ouâ— of doubt took such a care of them that he provided the best in the world for them would reject their Liege Lord and chuse one of their own namâ—y a King that so they might be like the Pagans and Heathens who ive without God in the world which Act af theirs God plainly declares was a rejection of him thâ—t he should not reign over them 1 Sam. 87. and chap. 10. 19. Buâ— withal he descâ—â—beth vnto them the behaviour of the King vers 11 12 13 14 16. which 1 Sam. 8. 7. and 10. 9. is that he will rule and govern them by his own will just Tyrant like for saith Samuel he will take your Sons and appoint them for himselfe for his Chariots and to be his horâ—emâ—n and ome shall run before his Chari t s and he will take by his Prerogative your Fiâ—lds and your Vineyards and youâ— Oliveyards eveâ— the hest of them and give them to his Servants and he will take your men-servants and your maid-servants and your goodliest young-men and your Asses and put them to his worke c. And saith Samuel you shall cry out in that day because of your King which ye shall have chosen unto you but the Lord will not hear you in that day And Samuel in the 12. Câ—apâ—er gives them positively the reason ofiâ— which was that although GOD in all their straights had taken compassion on them and sent them deliveries and at the last had by himself set them free on every side so that they dwelt sately Yet all this would not content them but they would have a King to reigne over them when sâ—â—h Samuâ—l the â—ord your God was your King therefore chap. 1â— 19. saith Samuel ye have this day rejected your God who himself saved you out of all your adversities c. yea and in the 19. ver of the 12. chap. the People acknowledged that they had added unto all their sins this evill even to ask a King Whereb we may evidently pâ—rceive that this office of a King is not in the least of Gods institution neither is it to bâ— given to any man upon earth Because none must rule by his will but God alone And therefore the Scripture saith He gave them a King in his anger and took him away in his wrath Hosa 13. 11. In the second place for the proofe of the minor Proposition which is That Charles R. received his Crown and Kingdome by contract and agreement and hath broken his contract and agreement I thus prove And first for the first part of the position History makes it clear that WILLIAM THE CONQVEROVR OR TYRANT being a Bastard subdued this Kingdome by force of Armes Reade Speeds Chronicle folio 413. There being slain in the first Battell betwixt him and the English about sixty thousand men on the English party As Daniel records in his History fol. 25. And having gained the Country he ruled it by his sword as an absolute Conqueror professing that he was beholding to none for his Kingdome but God and his sword making his power as wide as his will just Tyrant like giving away the Lands of their Nobles to his Normans laying unwonted taxes and heavie subsidies upon the Commons insomuch that many of them to enjoy a barren liberty forsook their fruitfull inheritance and with their wâ—ves and children as out-lawes lived in woods preferring that naked name of freedome before a sufficient ☞ maintenance possest under the thraldome of a Conquerar who subvertâ—ed their Lawes disweaponed the Commons prevented their night meetings with a hâ—aviâ— penalty that every man at thâ— day closing should cover his fiâ—e and depart to his rest there by depriving them of all opportunity to consult together how to recover their liberties collating Officeâ—s all both of command and judicature on those who were his 〈◊〉 made saith Daniel page 46. his domination such as heâ— would have it For whereas the causes of the Kingdome were before determined in every Shire And by a Law of King Edward Segâ—ier all matters in question should upon speciall penalty without further deferment be finally decidâ—d in the Gemote or Convâ—â—â—ions held monethly in every Hundred Now he ordained That four times in the yeare for certain dayes the same businesse should be determâ—ned in such place as he would appoint where he constituted Judges to 〈◊〉 to that purpose and others from whom as from the bosomâ— of â—he Prince all litigâ—tors should have justice And to make them â—s miserable as slavâ—s could be made He ordered that the Laws should be practised in French Aâ— Pâ—itions and businesses of Câ—urt â—n French that so the poor miserable people might be gulled and cheated undone and destroyed not onely at his will and pleasure but also at the will and pleasure of his under Tyrants and Officers For to speak in the words of Martin in his History page 4 He enacted and established strict and severe Lawes and published them in his own language by meanes whereof many who were of great estate and of much worth through ignorance did transgressâ— and their smâ—llest offences were great enough to entitle the CONQVEROR to their lands to the lands and riches which they did possesse All which ke seized on and took from them without remorse And in page 5. he declares hat he erected sundry Courts for the administraâ—iâ—nâ— his â—ew Lawes and of Justice and least his Iudges shâ—uld bear toâ— great a sway by reason of his absence he caused them all to follow his Court upon all removes Whereby he not only curbed thâ—ir dispâ—siâ—ions which iâ—cited them to be great but also tired out the English Nâ—tion with extraordinary troubles and excessive charges in the prosecution of Suites in Law From all which relations we may observe First from how wicked bloudy triviall base and tyrannicall a Fountain our gratious Soveraignes and most excellent Majesties of England have sprung namely from the Spring of a Bastard of poore condition by the Mothers side and from the pâ—rnitious springs of Robbery Pyracie violence and Murder c. Howsoever fabulous Writers strivâ— as Daniel saith to abuse the credulity of after Ages with Heroicall or mircaulous beginnings that surely if it be rightly considered there will none dote upon those kind of Monsters Kings buâ—
obtained saith Martin fol. 29. The Empresse with many honourable tryumphs and solemnities was received into the Cities of Circester Oxford Winchester and London but the Londoners desiring the restitution of King Edwards Lawes which she refused which proved her ruine and the restitution of King Stephen out of prison and to the Crown again and after some fresh bouts betwixt King Stephen and Duke Henry Mauds eldest Son a Peace was concluded betwixt them in a Parliament at Westminster and that Duke Henry should enjoy the Crown after King Stephen At the receiving of which he took the usuall oath and being like to have much work in France c. being held in thereby from all exorbitant courses he was therefore Wary to observe at first all meanes to get and retain the love and good opinion of this Kingdom by a regular and easie government and at Waldingford in Parliament saith Daniel fol. 80. made an act that both served his own turn and much eased the stomackes of his people which was the expulsion of strangers wherewith the Land was much pestered but afterwards was more with Becket the traytorly Arch-bishop of Canterbury And after him succeeds his Son Richard the first At the beginning of this mans Reigne a miserable massacre was of the Jewes in this Kingdom who went to the holy wars and was taken prisone by the Emperour as he came home of whom Daniel saith fol. 126. that he reigned 9 years and 9 moneths Wherein he exacted and consumed more of this Kingdome then all his Predecessours from the Norman had done before him and yet lesse deserved then any His brother Duke John being then beyond Seas with his Army was by the then Archbishop of Canterburies meanes endeavoured to be made King Who undertooke for him that he should restore unto them their Rights and govern the Kingdome as he ought with moderation and was thereupon after taking three oathes which were to love holy Church and preserve it from all Oppressours The Kings Oath to govern the State in justice and abolish bad Lawes not to assume this Royall honour but with full purpose to rerform that he had sworn Speed 534. crowned King And because the title was doubtfull in regard of Arthur the Posthumus Son of Geffery Duke of Brittain King Iohns eldest brother Speed fol. 532 he receives the Crown and Kingdome by way of election Daniel fol. 127. the Archbishop that crowned him in his Oration professing before the whole Assembly of the State That by all reason Divine and Humane none ought to succeed in the Kingdome but who should bee for the worthinesse of his vertues universally chosen by the State as was this man And yet notwithstanding all this he assumed power by his will and prerogative to impose three shillings upon every plough-land and also exacted great Fines of Offenders in his Forrests And afterwards summons the Farles and Barons of England to be presently ready with Horse and Arms to passe the Seas with him But they holding a conference together at Lecester by a generall consent send him word That unlesse he would render them their rights and liberties they would not attend him out of the Kingdome Which put him into a mighty rage but yet he went into France and there took his Nephew Arthur prisoner and put him to death by reason of which the Nobility of Britaigne Anjou and Poictou took Armes against him and summon him to answer at the Court of Justice of the King of France to whom they appeale Which he refusing is condemnâ—d to lose the Dutchy of Normandy which his Ancestors had held 300. yeares and all other his Provinces in France which he was accordingly the next yeare deposed of And in this disastrous estate â—aith Daniel fol. 130. he returnes into England â—nd charges the Earles and Barons with the reproaches of his lâ—sses in France and fines them by his Prerogative to pay the seventh part of all their goods for refusing his aid And after this going over into France to wrasâ—le another fall was forced to a peace for two years and returnes into England for more supplies where by his will iust and prerogative he layes an imposition of the thirteenth part of all moveables and other goods both of the Clergie and Laitie who now saith Daniel seeing their substances consume and likely ever to be made liablâ— to the Kings desperate courses began to cast about for the recovery of their ancient immunities which upon their former sufferance had been usurped by their late Kings And hence grew the beginning of a miserable breach between the King his people Which saith he folio 131. cost more adoe and more Noble blood then all the warres for raigne had done since the Conquest For this contention ceased not though it often had fair intermissions till the GREAT CHARTER made to keep the Beame right betwixt SOVERAIGNTY and SVBJECTION first obtained of this King JOHN in his 15. and 16. yeares of his yeares of his reigne and after of his sonne Henry the 3. in the 3. 8. 21. 36. 42. yeares of his reigne though observed truly of neither was in the maturity of a judiciall Prince Edward the first freely ratified Anno regni 27. 28. But I am confident that whosoever seriously and impartially readeth over the lives of King John and his sonne Henry the third will judge them Monsters rather then men Roaring Lions Ravening Wolves and salvadge Boares studying how to destroy and ruine the people rather then Magistrates to govern the people with justice and equity For as for King John he made nothing to take his Oath and immediatly to break it the common practice of Kings to grant Charters and Freedomes and when his turn was Consider compare and conclude served to annihilate them again and thereby and by his tyrannicall oppressions to embroyle the Kingdoâ—e in Warres Blood and all kind of miseries In selling and basely delivering up the Kingdome that was none of his own but the peoples as was decreed in the next Parliament Speed fol. 565. by laying down his CROWN Scepter Mantle Sword and Ring the Ensignes of his Royalty at the feet of Randulphus the Popes Agent delivering up therewithall the Kingdome of England to the Pope And hearing of the death of Geffery Fitz Peter one of the Patrons of the people rejoyced much and swore by the Feet of God That now at length he was King and Lord of England having a freâ—r power to untie himselfe of those knots which his Oath had made to this great man against his will and to break all the Bonds of the late concluded peace with the people unto which he repented to have ever condescended And as Daniel folio 140. saith to shew the desperate malice this King and Tyrant who rather then not to have an absolute domination over his people to doe what he listed would be any thing himselfâ— under any other that would but support him in his violences There is recorded an
the Realm granted him the ninth peny Aâ— so deer a rate were they forced to buy their own Rights at the hands of him that was their servant and had received his Crown and Dignity from them and for them But the People of England not being content with the confirmation of their Liberties by his Deputies presse him at a Paâ—l at Westminster the next year to the confirmation of their Charters he pressing hard to have the Clause Salvo Jure Coroae nostrae put in but the People would not endure it should be so Yet with much adoe he confirmes them according to their mind and â—hat neither he nor his heires shall procure or do any thing whereby the Liberties of the Great Charter contained shall be infringed or broken and if any thing be procured by any person contrary to the premises iâ— shall be held of no force nor effect And this câ—st them dear as I said before So that here you have a true relation of the begetting the conception and birth of Magna Charta The English-Mans Inheritance And how much blood and money it cost our fore-fathers before they could wring it out of the hands of their tyrannicall Kings and yet alas in my judgment it falls far short of Edward the Confessors Laws for the ease good and quiet of the people which the Conqueror robbed England of for the Norman practises yet in Westminster-Hall by reason of their tediousnesse ambiguities uncertainties the entries in Latine which is not our own Tongue their forcing men to plead by Lawyers and noâ— permitting ☞ themselves to plead their own causes their compelling of persons to come from all places of the Kingdom to seek for Justice at Westminster is such an Iron Norman yoak with fangs and teeth in it as Lieutenant Colonell Lilburn in his late printed Epistle to Judge Reeves cals it That if we werefree in every particular else that our hearts can think of yet as the same Author saith were we slaves by this alone the burthen of which singly will pieâ—ce gaul our shoulders make us bow stoop even down to the ground ready to be made a prey not only by great men but even by every cunning sharking knave Oh therefore that our Honourable Parliament according to their late Declaration would for ever annihilate this Norman innovation reduce us back to that part of the antient frame of government in this Kingdome before the Conquerors dayes That we may have all cases and differences decided in the County or Hundred where they are committed or do arise without any appeale but to a Parliament And that they may monethly be judged by twelve men of free and honest condition chosen by themselves with their grave or chiefe Officer amongst them and that they may swear to judge every mans cause aright without feare favour or affection upon a severe and strict penalty of those that shall do unjustly And then farewell jangling Lawyers the wildfire-destroyers and bane of all just rationall and right-governed Common-wealths And for the facilitating of this work and the prevention of frauds I shall onely make use of Mr. John Cookes words a Lawyer in Grays-Inne in the 66. page of his late published Book called A Vindication of the Professours and Profession of the Law where he prescribes A ready remedy against Frauds which is That there might be a publike office in every Countie to register all Leases made for any Land in that County and also all conveyances whatsoever and all charges upon the Lands and all Bonds and Contracts of any value for saith he It is a hard matter to find out Recognizances Judgments Extents and other Charges and too chargable for the Subject that so for 12. d. or some such small matter every man might know in whom the Interest of Land remains and what incuâ—brances lie upon it and every estate or charge not entered there to be void in Law And that the Country have the choosing of the Registers in their respective Counties oncâ— a yeare upon a fixed day and that they have plaine rules and limitations made by authority of Parliament and severe penalties enacted for transgressing them But after this digression let us return to Mag. Charta whosoever readeth iâ— which eveâ—â— man may at large at the beginning of the book of Statuâ—es shaâ—l fiâ—d it an absolute Contract betwixt the Kings of England and the People thereof which at their Coronations ever since they take an Oath inviolable to observe And we shall find in the dayes of â—his Pâ—incâ— who is noted for one of the best that we have that English-men understood themselves so well that when the Pope endeavoured to meddle in a businesse betwixt the Scots and the Crown of England there was letters sent from Lincoln at a Parliament which did absolutely tell the Pope that the King their Lord should iâ— no sort undergo his Holinesse judgement therein Neither send his Pâ—ocurators as was required â—bout that businesse whereby it may seeme that doubâ—s were made of their Kings title to the prejâ—dice of the Crowne the Royall Dignity the Liberties Customâ—s and Lawes of England which by their oath and duty they were bound to observe and would defend with their lives Neither would they permit nor could any usuall unlawful and detrimental proceeding but that which is most observable is in the next clause viz. nor suffer their King if he would to do or any way to attempt the same Daniel fol. 199. After the warlike King succeeded his Son Edward the second who was continually at variance with his people although never any before him was received with greater love of the people then he as saith Daniel fol. 204. nor ever any that sooner leâ—t it His very first actions discovered a head-strong wilfulnesse that was unconcealable regarding no other company but the base Parasites of of the times the head of which was Gaveston which made his Nobles at Westminster when he and his Queen was to be crowned to assemble together and require him that Gaveston his darling might be removed from out of the Court and Kingdome otherwise they purposed to hinder his Coronation at that time Whereupon the King to avoid so great a disgrace promises on his saith to yeeld to what they desired in the next Parliament And at the next Parliament the whole Assembly humbly besought the King to advise and treat with his Nobles who then it seemes were abundantly honester then these are now concerning the state of the Kingdome for the avoiding of iminent mischiese likely to ensue through the neglect of Government and so far urged the matter as the King consents thereunto and not only grants them liberty to draw into Articles what was requisite for the Kingâ—ome but takes his Oath to ratifie whatsoever thâ—y should câ—nclude Whereupon they elect certain choice men both of the Clergy Nobility and Commons to compose those Articles which donâ— the Archbishop of Canterbury lately recalled from exile with
in or about the year 1214. The Prelates Lords and Commons severally and joyntly enacted That forsomuch as neither King John nor any other King could bring his Realme and People to such thraldome but by common consent of Parliament which was never done and that in so doing he did against his Oath at his Coronation besides many other causes of just exception If therefore the Pope thence forwards should attempt any thing therein the King with all his Subjects should with all their forces and powers resist the same and rather hazzard all their lives and livelihood then endure his usuâ— pationâ— But if any man should so dote upon those Pageanâ—s Tyrants Kings the supposed and pretended aâ—nointed of the Lord as yet not to think it sufficient to prove that not onely the present King Charles his own acknowledgment and confession will be of force sufficient to pull all Scales of blindnesse from their eyes and all hardnesse and unbelievingnesse of heart from their hearts His own words in his answer to the House of Commons first Remonstrance Book Declar. pag. 25. are these We have thought it very suitable to the duty of Our place and pag. 29. and We â—aith he doubt not it will be the most acceptable Declaration a King can make to his Subjects that for Our part We are resolved duly not only to observe the Lawes Our Self but to maintain them agrinst what opposition soever though with the hazard of Our Being and a little below We acknowledge it a high crime saith he against Almighty God and inexcusabâ—â— to Our good Subjects of Our three Kingdomes if We did not to the utmost imploy all Our power and faculties to the speediest and most effectuall assistance and protection of that distressed people of Ireland And in his Message 28 April 1642. page 157. speaking of the Militia he saith We conceive it prejudiciall to Our Self or inconvenient for Our Subjects for whom We are trusted and page 167. Himself saith That if the Prerogative of the King over-whelme the Liberty of the People it will be turned to tyrannie And he himself page 284. defines tyrannie to be nothing else but to admit no rule to govern by a mans own will But above all the rest remarkable is his own confession in his answer to the Parliaments Declaration of the 19. May 1642. where in page 152. He honestly and plainly acknowledgeth that He is to give an account of his Office not only to God but also to his other Kingdoms But as the Parliament saith page 701. This is a strange Paradox that his Majesty by his own Confession owes an â—account to his other Kingdomes of his Office and Dignity of a King in this kingdome itself where he resides and hath his being and subsistence And in page 311. He acknowledgeth God hath entrusted Him with his regallity for the good of his People and if it be for their good then not for their mischief and destruction but God hath entrusted him and how is that The truth is God is no more the Author oâ— Regall then of Aristocratical power nor of Supreame then of Subordinate Command Nay that Dominion which is usurped and not just whilest it remains Dominion and till it be legally again divested refers to God as its Author and Donor as much as that which is Hereditary and permissively from God and not approbationally instituted or appointed by him And that Law which the King mentioneth is not to be understood to bee any speciall Ordinance sent from Heaven by the Ministry of Angels or Prophets as amongst the Jewes it sometimes was It can be nothing else amongst Christians but the actions and agreements of such and such politike Corporations Power is originally inherent in the People and it is nothing else but that might and vigour which such and such a Society of men contains in it self and when by such and such a Law of common consent and agreement it is derived into such and such hands God confirmes the Law And so man is the free and voluntary author the Law is the instrument and God is the establisher of both as the observator in the first page of the first part of his most excellent observations doth observe And though Kings make a huge matter of that saying of God by me Kings Raigne as though there were some superlative naturall inbred inherent deity or exellency in Kings above other men yâ—t we may say anâ— that truâ—y That by God all mankind lives moues and have their being yea and raignes and goveâ—ns as much by God in their infâ—rior orbs of Cityes hundreds waâ—entaâ—es and families as well as Kings in their Kingdoms yea though God himselfe in an extraordinary and immediate manner chose aâ—d appointed Saul David and Solomon to be Kings of Israel Yet so just was the righâ—eous God that â—e wâ—uâ—d 〈◊〉 impâ—se them uâ—oâ— the people of Israâ—l against their own â—ilâ—â— and mindâ—s 〈◊〉 heâ— did tâ—ey rule as Kâ—â—g till by tâ—e câ—mmoâ— câ—nsent of tâ—e people they châ—se â—hem and 〈◊〉 â—heâ— to raigne ovâ—r â—hem 1 Sam. 10. 20. 24. 2 Sam. 2. 24. and Châ—p 5. 1. 2. and 3. and 1 Kings 38 39 â—0 So tâ—at â—hâ—ir authâ—râ—ty did originally as inhereâ—tlâ— flow from the peâ—ple as well as their speciall â—ssigâ—ation from God aâ—d tâ—ey were to rulâ— and govern them by the Law of God â—nd not by the rule and Law of their own wilâ— unto which Law â—hey were to be as 〈◊〉 and subject as the meanest of the people yea and as â—yaâ—le to punishment and to have their traâ—sgrâ—ssiâ—ns â—ayd to tâ—â—ir charge As Lieuâ—eâ—aâ—t Collonâ—l Lilburne â—ath 〈◊〉 and fully proved in his late printed Epistle to Judge Reves pâ—g These things righâ—ly considered doth coâ—demn thosâ— two maxims for wicked ungodly and tyrannicâ—â—l wâ—ich are â—ayd downe so in the booke of Dâ—claraâ—ioâ—s pag 199. 3. 4. viz. That the King can do no wrong The second is that the King is the fountaine of justice But to returne againe to the Kings own word â—e saith pag. 313. We were unwoâ—â—hy the trust repoâ—ed in us by the Law and of our descent from so many great and famous Ancestors if wâ— could be brought to abondon that power which onely can enable us to performe what we are sworne to in protecting our people and the Lawes What can be said more plaine then this to prove him an Officer of 〈◊〉 Trust But seeing he speakes of his Ancestors Let me tell him that if he had no better title to his Crown then to claime it his by a kind of Divine Right from his Progenitors and because he is the next Heire to King James It would be by Scripture a very weak title We find in Scripture that Salomon a younger Son c. was made King principally because of his fitnesse to govern when divers of his elder brethren wenâ— without the Crown And if any in the world might have pleaded the priviledges of being next heire Davids Sons and Sons
denyed him her society unlesse she would be a prisonor with him and then what should become of them both and of their children having no Lands tâ— live upon and tost already from one Iayle to another for many years together to his great charge although he was but onely committed to be kept in safe custody and from writing scandalous Bookes which the Lieutenant told him he could not doe unlesse hee kept his wife and friends from him but as well he might have said I must also lâ—y you in a Dungeon where you shall neither see day-light nor enjoy a candle It being almost impossible to keepe a man so strictly but he will write if he have day-light and candle-light and so accordingly he bath commanded and executed that neither his wife nor any of his friends should speak with him but in the presence of his Keeper And that the Warders at the Gate take the names and plaâ—es of abode of all those that come to see him That so the Lords may have them all down in their black and mercilesse book and know where to find them when the day of their fierce indignation shall more fuâ—ly smoke against him and all those that have visited him Which some of the Warders have told some of his friends to terrifie them as not far of And this cruelty exercised upon him by the Lieutenant is more then legally can be done to a Fellon Murderer or Traytor and yet this is his portion although hee offeâ—ed to engage his promise to the Lieutenant when he first went in before his brother Major Lilburn and another Major that as hee was a Christian and a Gentleman that hee would suffer his wife and friends according to Law and Right to have free accesse unto him he would promise him not to write a line nor reade a line written while he enjoyed that priviledge which the Lieutenant refused but executed his pleasure upon him And then got their Lordships to make a new illegall Order that he might be kept as he had kept him Now for the Lords to do this to him seeing some of them were Actors in his bloudy Sentences in Star-chamber for which transcendent injustice and sufferings he never had a peny recompence 〈◊〉 thoâ—gh he saith in his fore-mentioned answer to Mr. Pryn he hath spent divers hundreds of pounds to procure it and though he lost not a little that yeere he â—ay prisoner in Oxford for the Parliament see innocency and truth justified Pag. 21. 22. And although the Earle of Manchester and Collonel King detaine his pay from him which he earned with the hazard of his life Pag. 47. 65. 70. and besides all this while he and others have been fighting for liberty and freedome for the whole Kingdome he hath been robbed and deprived of his trade by the monopolizing Merchant Adventurers Pag. 462. Whose knavery and illegall practices he notably anatomizeth and layeth open in the aforesaid booke from pag. 46. to pag. 63. To the Parliaments credit and reputation be it spoken to suffer such vipers to eat out the bowels of this poore Kingdome yea and to set them in the Custome-house and Excise Office to receive the treasure of the Kingdome whose lives and estates for their illegall and arbitrary practises are forfeited to the state as there he proveth it Now after all this for the Lords to commit him for 7. yeares to so chargeable a place as the present Lieutenant of the Tower makes the Tower by his will to bee and takes no care to allow him one penny of the Kings old allowance which was to finde the prisoners their meat drink and lodging and to pay the Lieutenant c. his fees according to the antient legall and just customs of the place What is it else in their Lordships intentions but to starve and destroy the honest man and his wife and children for according to the information I have the fees that have bin demanded there are Fifty pounds to the Lieutenant Five pounds a mans upper garment to the Gentleman-Portâ—r Forty shillings to the Warders Ten shillings to the Lieutenants Clarke Tâ—n shillings to the Minister Thirtâ— shillings per week for suffering the prisoners to dresse their own diet and about so much a week for Chamber-rent besides what it costs them for their diet And all this demanded without any coulor of Law Justice or righâ— as is â—argely proved by a late booke called Liberty vindicated against Slavery Oh ye Commons of England what neede have you to be combined together to maintaine your common interest against these usurping cruel and mercilesse Lords and to take speciall heede that by their charmes and Syren-like songs you be not divided about toyes into factions to your own destruction and ruine that being vifibly the game to the eyes of rationall men which they and their agents have now to play and by the foote you may easily judge what the beare is But now after this necessitated digression let us returne back to the King and to his forfeiting his trust which is to protect his people from violence and wrong and governe them according to law Let us consider what his and our supreame legall and rightfull Judges The House of Commons the State representative of England in their Petition and Remonstrance presented to him at Hampton Court 15. December 1642. and which begins book declaration pag. 1. and ends pag. 21. Say And we shall cleerly finde that they evidently make plaine to the King and the whole Kingdome That his 17. yeers raigne was filled up with a constant continnued Act of violating the Lawes of the Kingdome and the Liberties of his people Yes in pag. 491. They plainly say that before this Parliament the Lawes were no defence nor protection of any mans right all was subject to will and power which imposed what payments they thought fit to draine the subjects purses and they who yeelded and complyed were countenanced and advanced and all others disgraced and kept under that so mens minds made poore and base and their liberties lost and gone they might be ready to let go their religion And the rest of the regall tyrannicall designes there most acutely anatomised to which I referr the reader as a peece extraordinary much worth the reading And though the King this Parliament signed divers good Lawes as though he intended to turne over a new leafe Yet the Parliament tell him plainly that even in or about the time of passing those bills some designe or other hath been on foote which if it had taken effect would not onely have deprived us of the fruits of those bills but would have reduced us to a worse condition of confusion then that wherein the Parliament found us see pag. 124. in which the King himselfe was a principall acter And so they charge him to be pag. 210. 211. 216. 218. 221. 227. 228. 229. 230. 493 494. 496. 563. Yea and they plainly declare that the King had a finger in the
but he was also made King at Shechem by all Israel 1 King 12. â— And afterwards Jeroboam the son of Nebat Solomons servant and all the congregation of Israel went to Rehoboam to claim the making good of the GREAT CHARTER of Nature viz. to claim relaxation of oppression and protection according to justice that is to say that he should doe to them in governing them justly as he would have them to doe to him in yeelding him subjection and obedience this being the whole Law of GOD both Naturall and Morall and therefore they tell Rehoboam that the King â—his Father had broke their Charter and made their Yoak grieuous which you may read of in Chap. 4. Now therefore make thou observe they doe not say Most gracious Soveraigne nor Most excellent Majesty the grievous service of thy Father and his heavy yoak which he put upon us lighter and we will serve thee But the King rejecting the advice and counsell of his old and gâ—od Counsellors which as we may say was to govern them according to Law contained in Magna Charta and the Petition of Right c. and not to rule and governe them according to his Prerogative or perverse Will For they tell him If thou wilt be a servant unto this people this day and wilt serve them mark it well and answer them and speak good words to them then they will bee thy servants for ever But he forsook the counsell of the old men which wee may call GOOD COMMON-WEALTHS-MEN and followed the advice of his young-men which we call the Cavaliers or men for the Prerogative And saith the Text he answered the people roughly saying My Father made your yoak heavy and I will adde to your yoake My Father also chastised you with whiâ—s but I wil chastise you with Scorpions 1 Kings 12. 3 4 5 6 7 8 14. But saith the Text vers 15 when all Israel saw that the King hearkeâ—ed not unto them the people answered the King saying What portion have we in David Neither have we inheritance in the son of Jesse To your Tents O Israel Now see to thine own house David So Israel departed to their tents and revolted or rebelled against the House of David and called all the coÌ„gregation of the people together and with an unanimous consent made Jeroboam King over all Israel as Rehoboam was over Juda having both an assignation from GOD 1 King 11. 11 12 13 26 29 30 31 35 37 38. and a solemne legall publick Call and Election from the people 1 Kings 12. 2 3 20 21. and of his Regality and Kingship as legally and justly by God himselfe approved by sending his Prophet tobring the kingdom back to Solomons son to command him and Juda c. Observe he calls them not Rehoboams people not to goe up nor fight against their brethren the children of Israel Which command as most just they observed vers 21 22 23 24 Yea and God himselfe in the 14. chapter and 7. verse beareth witnesse that he himselfe exalted Jeroboam from among the people and made him Prince over his people Israel and rent the Kingdome from the house of David and gave it unto him And afterwards when God upbraids him it was not because he was an usurper a traytor or a â—ebeâ—l against his masters son King Rehoboam but because he had not been as his servant David was who followed him with a perfect heart but had done evill above all that was before him in making him other Gods and molten Images to provoke me saith God to anger and hast cast me behind thy back So that here is a cleare demonstratioâ— that it is lawfull in the sight of God as well as in the sight of Man for a people to with-draw their obedience from that Magistrate or King that refuseth to govern them by legall justice but oppresseth them contrary to the end of the trust reposed in him which was never for their woe but for their weale and so breakes that tacit contract that by vertue of his Induction into his Office is Naturally and Rationally implyed to be made although it never be expressed It being as the Parliament saith Book Declar. Pag. 150. irrationall to conceive that when the Militiâ— of any is comâ—itted to a Generall although it be not with any expresse condition that he shall not turne the mouthes of his Cannons against his own Souâ—diers for say they that is so naturally and necessarily implyed that its needlesse to be expressed insomuch as if he did attempt or coÌ„â—â—nd any such thing against the nature of his trust and place it did Ipso facto estate the Armie in a right of disobedience except we thinke that obedience binds men to cut their own throates or atleast their Companions Having laid this foundation I will come now to speak something of those five particulars which is before-mentioned and laid down in the sixth page of this Discourse which are thus expressed First if it were granted that the Lords were a legall Jurisdiction and had a judicative power over the Commons yet the manner of the Lords dealing with Lieut. Col. Lilburn is illegall and unjust Secondly That if the Lords were a Judicature yet they have no jurisdiction over Commoners Thirdly That they are no Judicature at all Fourthly That they by Law and Right are no Law-makers Fifthly That by Law and Right it lyeth not in the power of the King nor in the House of Commons it self to delegate the legislative power either to the Lords divided or conjoyned nor to any other persons whatsoever For the first of these viz. That the manner of the Lords proceeding with Lieu. Col. Lilburn was and is illegall is cleer and that I prove thus The Law requires that before the body of a Free-man be attached or summoned to a Bar of Justice to answer a Chage that there shall be an originall Declaration or Charge filed in the Court before so much as either the Writ Attachment or Warrant go out to seize upon or summon the party accused See Sir Edw. Cookes 2. part Institut f. 46 50 51. Read the Statuâ—e c. quoted in those Margents but there was no such matter in Mr. Lilburns case For although as he declares in his book called The Freemans freedome vindicated page 3 the Lords 10. June 1646. sue out a Warrant to summon him upon sight thereof to answer such things as he stands charged with before their Lordships concerning a Pamphlet entituled The just mans justification or A Letter by way of Plea in Barre And accordingly the 11 of June 1646. he appeared at their Bar expecting there to have received a written Charge according to Law and Justice which they both refused to shew him or let him know whether they had any such legall Charge or no against him but presse him contrary to the Petition of Right and the Law of the Land to answer to Interrogatories concerning himself a practice condemned by themselves in his own case
Feb. 12. 1645. in the annihilating his unjust Sentence in the Star-Chamber Reade his printed Relation thereof page 1 2 â— and the last Which forced him to deliver in at their Bar his legall and just Plea and Protestation against their usurping jurisdiction over Commoners which you may reade in The Freemans freedome vindicated page 5. 6. Vpon which they commanded himto withdraw and then pag. 7. make an Order to commit him in these words Die Jovis 11. June 1646. IT is this day ordered by the Lords in Parliament assembled That Lieut. Col. John Lilburn shall stand committed to the Prison of Newgate for exhibiting to this House a scandalous and contemptnous Paper it being delivered by himselfe at the Barre this day And that the Keeper of the said Prison shall keepe him safely untill the pleasure of this House be further signified and this to be a sufficient Warrant in that behalfe John Brown Cler. Parl. To the Gentleman-Usher of this House or his Deputy to be delivered to the Keeper of Newgate I cannot hear that he either at this time misbehaved himself either in word or gesture towards them but gave them as much respect at this time as if he had been one of their own Creatures But away to Newgate he goes and Iune 16. 1646. directs his appeale to the Honurable House of Commons which you may read in the fore-mentioned booke pag. 9 10 11. Which appeale the House of Commons read approved of and committed to a spâ—ciall Committee which Committee met and examined his businesse and as I am informed from very good hands made a vote to this effâ—ct That his proceedings with and protestations against the Lords delivered at their barre and his appeale to the House of Commons was just and legall which they in justice ought to beare him out in which Report Collonel Henry Martiâ— that couraragious and faithfull Patrioâ— of his Country as Chairman of that Committee is to report to the House But immediately after the reading of this Appeale to the House out comes the fore-mentioned booke in prynt which it seemes did somthing startle the Lords who had let him lie quietly in Newgate till then without so much as sending him the Copy of any charge But upon this they send a Warranâ— againe for him which as I finde it in the 4. page of the Just man in Bonds thus followeth Die Lunae 22. Junii 1646 ORdered by the Lords in Parliament assembled that Lieutenant Collonel Iohn Lilburne now a prisoner in Newgate shall be brought before their Lordships in the High Court of Parliament to morrow morning by 10. of the clock and this to be a fâ—fficiâ—â—â— Warrant in that behalfe Iohn Browne Cler. Parl. To the Gentleman Usher of this House or his Deputy to be delivered to the Keeper of Newgate or his Deputy And accordingly the next day Lieutenant Collonel Lilburâ—â— was brought up to their barre and being called into the House was commanded to kneele which he refused to do for what reasons he is best able â—â— declare which I hope he will not faile to do assoone as he enjoyes the liberty and priviledge to have pen inke and paper which by law he cannot be debarred of neither can it justly be denyed to the greatest Traytor in England And surely the Lords give a cleere demonstration to the whole Kingdome to judge that their own consciences tell them that he is an honest and a just man and their dealing with him is base wicked illegall and unjust that they dare not suffer him to enjoy pen inke and paper to declare the truth of his cause to the world which they have most unjustly and unrighteously kept from him by speciall Order for above three moneths together So that by the paw a man may judge of the whole body that is to say by their Lordships dealing with him a wise man may easily see what they would do to all the Freemen of England if their power were answerable to their wills which would be to make them as great slaves as the Pesants in France are who enjoy propriety neither in life liberty nor estate if they did not make us as absolute vassals as the poore Turks are to the Grand Seigneour whose lives and estates he takes away from the greatest of them when he pleaseth Therefore O all ye Commons of England marke well and eye with the eye of Jealousie these Lords the sons of pride and tyranny And not onely them but all their associats or Creatures especially in the House of Commons if any such be there for assure your selves enemies they are and will be to your liberties and freedoms what ever their specious pretences are to the contrary it being a Maxim in nature that every like begets its like Therefore trust them not no more then you would do a Fox with a Goose or a devoureing Wolfe with a harmelesse Lambe what ever they say or sweare having so palpably and visibly in the case of Mr. Lilburne broken all their Oathes Protestations Vowes and Declarations to maintaine the Lawes of the Land and the Liberties of â—he People But let us returne to their 2. summoning him to their Barre who being commanded to kneele refused and withouâ— any more discourse or so much as shewing him any legal charge they Commanded him to withdraw and for this cause alone he behaving himselfe this time also respectively enough saving in the Ceremony of kneeling they commit him close prisoner to Newgate A true Copy of their Warrant thus followeth Die Martis 23. Junii 1646. ORdered by the Lords in Parliament assembled that Iohn Lilburne shall stand Committed close prisoner in the Prison of Newgate and that he be not permitted to have pen inke or paper and none shall have accesse unto him in any kinde but onely his Keeper untill this Court do take further Order To the Keeper of Newgate his Deputy or Deputies Iohn Browne Cler. Parl. Exam. per Rad. Briscoâ— Cler. de Newgate And so from this 23. of June to the 11. of July then ensuing he was locked up close and neither his Wife Children Servants Friends Lawyers or Councellers permitted to have accesse unto him nor they never sent him word what they intended to do And all this while the Lords are picking matter against him having none it seemes when they first summâ—ned him to their barre to grownd the least pretence or shaddow of a Charge against him and knowing his resolution to stand to his liberties they lay provocations upon him coÌ„mit one act of injustice with a high hand upon the neck of another to provoke him to let some words fall or do some actions to enâ—nare himselfe that so they might have some coulor for their fuâ—ure proceedings with him And divers bookes coming out in his behalfe by some as it seemes who wished him well which to the purpose nettles the Lords for their cruelty towards him Serieant Finch as one of his Majesties Councel preferrs certaine Articles against
him in the House of those Peers by way of Charge buâ— sends him no Copy of it although it was impossible for him being so close as he was to get a Copy of it himselfe the greatest part of which is taken out of his booke called The Freemans Freedome vindicated and his Epistle to Mr. Wolaston the Jaylor of Newgate both of them made by him in Newgate many dayes after the Lords had CoÌ„mitted him which letter of his to Mr. Wollaston for the excellent matter therein we will insert heere verbarim SIR I this morning have seen a Warrant from the House of Lords made yesterday to Command you to bring me this day at 10. a clocke before them the Warrant expresseth no cause wherefore I should dance attendance before them neither do I know any ground or reason wherefore I should nor any Law that compels mee thereunto for their Lordships sitting by vertue of Prerogative-paâ—ents and not by election or common consent of the People haue as Magna Charta and other good Lawes of the Land tels me nothing to do to try me or any Commonâ—r whatsoever in any criminall case either for life limb liberty or estate but contrary hereunto as incrochers and usurpers upon mâ— freedomes and liberties they lately and illegally endeavored to try mâ— a Commoner at their Bar for which I under my hand and seale protested to their faces against them as violent and illegal incrochers upon the rights and liberties of me and all the Commons of England a copy of which c. I in Print herewith send you and at their Bar I openly appealed to my competent proper legall Tryers and Judges the Commons of England assembled in Parliament for which their Lordships did illegally arbitarily and tyrannically commit me to prison into your custody unto whom divers dayes agoe I sent my Appeale c which now remains in the hands of their Speaker if it be not already read in their house unto which I do and will stand and obey their commands Sir I am a free-man of England and therefore I am not to be used as a slave or Vasâ—all by the Lords which they have alreday done and would further doe I also am a man of peace and quietnesse and desire not to moâ—est any if I be not forced thereunto therefore I desire you as you tender my good and your own take this for an answer that I cannot without turning traytor to my liberties dance attendance to their Lordships Barre being bound in conscience duty to God my self mine and my Country to oppose their incroachments to the death which by the strength of God I am resolved to do Sir you may or cause to be exercised upon me some force or violence to pull and drag me out of my chamber which I am resolved to mantain as long as I can before I will be â—â—mpelled to go before them and therefore I desire you in a friendly way to be wise and considerate before you do that which it may be you can never undoe Sir I am your true and faire conditioned prisoner if you will be so to me IOHN LILBURN From my Cock-loft in the Presse yard of Newgate this 13. of June 1646. And the next day aftere Serjente Finch exhibited his Artiicles being the 11 July 1646. Lieutenant Colonell Lilburne is by vertue of a warrant to the Sheriffe or Sheriffes of London M. Foot and Mr. Kendrik who contrary to Law refused to give him a Coppy of haâ— warrant although hee sent for it by Mr. Bisco â—he Clerk of Newgate brought up to the Lords barr in aâ—most base Contumelious and reproachfull maner the substance of that Warant being to command him to the Lords Barr to heare his charge read But before he was called in hee by his Keeper sent word to the Lords That they being not his Peers and Equals were none of his LEGALL JUDGES and so had no jurisdiction over him and therefore hee would not stoop unto or acknowledge their authority and jurisdiction over him in this particular which he desired a-fore-hand to acquaint them with And that he must be forced out of conscience to that duty he owes to Himselfe his Liberties and the Liberties of his Countrey seeing their LORDSHIPS would neither be satisfied with his Protestation nor Appeale to the COMMONS nor yet with his refusing to kneele at their Bar nor consult with the House of COMMONS about the legality of their proceedings but the third time to send for him who they knew could not in this case stoop unto them as though they were resolved to tread the Liberties of all the COMMONS of ENGLAND under their feet And therefore seeing that they increased in their illegall an unwarrantable presumptioÌ„ he said he must increase in his just detestation of their actions and incroachments In testimony of which hee was resolved to come in with his HATON and to STOP his EARES when his charge was offered to be read which as I understand he accordingly did And having liberty sometimes to speak to them being commanded to withdraw three times and brought in again he told them to this effect with a great deal of resolution That they were not onely not his Judges but the manner of their proceeding with him was against all Law and Justice yea contrary to their own judgement lately given by themselves in February last in his own case of the Star-Chamber and of the Petition of Right For said he My Lords the warrant that commanded me to your Barre did summon me up to answer a criminall charge And being at your Bar I pressed you again and again to see it and earnestly intreated you that if you had any legall charge in writing against me that it might bee produced But contrary to Law and Justice you refused to do it contrary to all law just High Commission-liâ—e pressed me to answer Interrogatories coÌ„cerning myself wâ—â—ch foâ—â—â—◠〈…〉 me to deliver in my ProtestatioÌ„ agaâ—â—â—â—â— you And I have 〈◊〉 apppâ—aled ro my Legall Judges the COMMONS of ENGLAND assembled in PARLIAMENT who have received accepted read and committed my appeale and promised me justice in it And my Lords I tell you to your â—â—ces These are the MEN that ONELY and ALONE have THE SUPREAM POWER of ENGLAND residing in them who when you have done all 〈◊〉 the worst you can they both must and will bee your Judges and mine But my Lords if you will not joyne issue with me there that you may know I neither feare you nor your Charge nor decline a legall proceeding about it preferre your charge against me in any Court of Justice in Westmâ—nster-Hall or any other Court in England rhat hath a legall jurisdiction over me and I will answer you The which if you refuse and will still persevâ—re in your incroachmens upon my Rights and Liberties know my Lords that here to your faces I bid defiance to you to doe the worst you can to me being resolved to spend my
the Dutely of Normandy and doe him homage for the same And then to make all sure with Pope Alexander whose thuâ—der-bolts of Excommunication were then of extraordinary dread and terror he promised him to hold it of the Apostolick See if hee prevailed in his enterprize Whereupon the Pope sent him a Banner of the Church with an Agnus of gold and one of the haiâ—es of St. Peter which was no small cause of prevailing the â—ase Clergy being then at the Popes beck and more minding their own particular self-interest then the welfare of their own native Countrey or the lives liberties estates of their brethren according to the slesh thereupon were the principall instrumentall cause that William the Bastard commonly called William the Conqueror had so easie an entrance to the possession of this kingdome Speed fol. 403 404. 405. 406. 413. 417. Daniel fol. 28 29 35 36. By means of which the Clergy beeraied their native Countrey to Robbers and Pirats and left the poore Commons to the mercilesse fury of mercilesse men And I wish they doe not now again the same with poore England now in her great distractionâ— for their interest is visible not to be the publickes but their pride covetousnesse and greatnesse Therefore O yee Commons of England beware of them and take heed you trust them not too much lest you be so deluded by them to your ruine and destruction And when William by their means principally as Daniel saith fo 36. had got possession of the Kingdom as you may partly before read p. 14 15 16 17 how extraordinary tyrannically he dealt with the poor natives and inhabitants By changing their laws and robbing them of their goods and lands at his will and pleasure and gave them away to his Norman Robbers And the poor Englishmen having all their livelihoods taken from them became slaves and vassals unto those Lords to whom the possessions were given And if by their diligence afterwards they could attain any portion of ground they held it but onely so long as it pleased their Lords without having any estates for themselves or their children and were oftentimes violently cast out upon any small displeasure contrary to all right Daniel fo 47. Speed 421 423 425. Insomuch that in those days it was a shame even among Englishmen to be an Englishman Speed fol. 422. 429. By means of all which he bestowd great rewards upoÌ„ all those great men that came along with him and made them by hâ—s will the great men of England to help him to hold the people in subjection bondage and slavery for he made William Fitz-Auber the Norman the principall man under him to help for his designe Earle of Hartford who singly of himselfe took upon him meerly by the power of his own will to make Lawes in his own Earldome And unto Allayn another of his Comrades or trusty and well-beloved Consins he gave all the lands of Earle Edwin where on he built a Castle and whereof he made the Earldome of Richmond And unto William of Warren another of his Norman Robbers Marder ers he gave the Earldome of Surrey Speed fol. 437. And unto Walter Bishop of Durham another of his Comrades he sold the Earldome of Northumber land who there by the law of his owne will maintained Murderers and Rogues and there was murdered himselfe And unto his Brothers who came of his mother Arlet the Whore who after William the Bastard was borne was married to Harlain a Norman a Gentleman but of mean substance Odo and Robert he gave the Earldome of Ewe and Mortaigne Speed 417. Daniel 32. And afterwards Odo Earle of Kent and after that in his absence Vice-Roy of England And how this Beggar now set on Horse-back governed this poore distressed kingdome let the Conquerors own speech declare recorded by Speed fol. 431. At the time when William came out of Normandy found his brother Odo a Bishop as well as an Earle at the Isle of Wight with divers Noble men and Knights his attendants then going to Rome with an expectation there to be Pope being grown extraordinary rich with his polling of this poore Kingdome Vpon which the King in presence of his Nobles thus spake Excellent Peeres I beseech you hearken to my words and give me your counsell At my sailing into Normandy I lest England to the government of ODO MY BROTHER who a little further in his speech hee saith hath greatly oppressed England spoyling the Churches of land and rents hath made them naked of Ornaments given by our predecessors and hath seduced my Knights with purpose to train them over the Alps who ought to defend the land against the Nations of Scots Danes Irish and other enemies over-strong for me And a little below that my brother saith he to whom I committed the whole kingdom violently plucketh away their goods cruelly grindeth the poore and with a vain hope stealeth away my Knights from me and by oppression hath exasperated the whole land with unjust taxations Consider therefore most NOBLE LORDS and give mee I pray you your advice what is herein to be done And in conclusion the King adjudged him to prison yet not as a Bishop who then it seemes had large exemptions but as an Earl subject to the lawes and censure of his King Which accordingly saith Speed was done upon seizure of estate this Prelate was whose found so well lined in purse that his â—eaps of yellow mettle did moveadmiration to the beholders So that here you have the true story of the subversion of the ancient manner of Parliaments the ancient Lawes and Liberties of Government of this Kingdome and a Law innovated and introduced flowing meerly froÌ„ the will of a Bastard Thief Robber tirant You have here also a true Declaration of the original rise of the pretended legislative power of Earles Lords and Barons the Peers Competitors and trusty and wel-beloved Cousins and Hereditary Counsellors of our Kings which was meerly and only from the wills and pleasures of this cruell and bloudy Tyrant and his Successors And no better claime have our present house of Peers either for their legislative power or judicative power then this as is cleerly manifest by their own fore-mentioned Declaration cited pag. 45. and therefore say I are no legall Judicature at all nor have no true legislative or law-making power at all in them having never in the least derived it from the people the true legislaters and fountain of power from whom only and alone must be fetched all derivative power that either will or can be esteemed just And therfore the Lords challenging all the power they have by their bloud and deriving it from no other fountain but the Kings Letters-Pattents flowing meerly from his will pleasure I groundedly conclude they have thereby no judicative power no nor legislative power at all in them for the King cannot give more to them then he himself hath and he hath neither of these powers viz. a