I had given them the substance of the beginning of our discourse there I â—cquainted them that it was objected by some in the Company that the people all over the Kingdome â—ere generally very ignorant and malignant and hated the Parliament and us whom they called Round â—eads Independents c. for our Cordiall adhering to them under whom they groaned under greater opâ—ressions and burthens then before the Parliament And for all their expences and fightings were never 〈◊〉 whit the freâ—r either at present or in future grounded hopes and therefore for us that were for the â—oresaid reasons so hatefull to the generollity of the people to act in this Petition they would but conâ—emn it for our sakes and be provoked to rise up against us Vnto which Mr. Speaker my self c. answered to this effect the people are generally malignant and more for the King then for the Parliament but what 's the reason but because their burthens are greater now then before and are likely to continue without any redresse or any visible valuable consideration holden out unto them for all the blood and treasure they had spent for their liberties and freedoms And the reason why they were so ignorant and did so little enquire after their liberties and freedoms was Mr. Speaker because that though the Parliament had declared in generall that they engaged to fight for their liberties yet they never particularly told them what they were nor never distinctly hâ— forth the glory and splendor of them to make them in love with them and to study how to pres 〈◊〉 them and for want of a cleare declaring what was the particulars of the Kings rights and the natuâ— of his office and what was the Parliaments particular priviledges power and duty to the people of 〈◊〉 Kengdome that chosed and betrusted them and what particularly was the peoples rights and freedomâ— they were hereby left in blindnesse and ignorance and by reason of their oppressions because theâ— knew no better doted implicitely upon the King as the fountain of peace justice and righteousnesse without whom nothing that was good could have a being in this kingdome And I told them 〈◊〉 Speaker it was no marvell that the poore people in this particular were in foggs mists wildernesseâ— and darkenesse considering that this House in their Declarations hath so plaid at fast and loose wâ—â— them for though Mr. Speaker this house voted to thâ— effect * See the Votes of May 20. 1642. 1. part book decl pag. 259 260. compared with pag. 499. 508 509 574. 576. 580. 584 587. 617. 618. 632. 640. 722. 914. that the King being seduced by evill Councell hâ— made warre against the Parliament and people and that thâ— are trayters that assisted him And further declared thâ— he had set up his Standard against the Parliament anâ— people and thereby put the whole Kingdome out of his protection contrary to the trust reposed in him contrary to 〈◊〉 oath dissolving government thereby And that he in his own person marched up in the head of oâ— Army by force of Armes to conquer and distroy the Parliament and in them the whole kingdome thâ— lawes and liberties And yet Mr. Speaker with the same breath declared the King is the fountaine of justice * See 1 part book decla p. 199. 304. and that he can doâ— no wrong and forc'd the people to take oaths and Covenants to preserve his person and yet at the same time gave the Earle of Essex and all those under hiâ— Commission to fight with kill and slay all that opposed them and declared the King in his own person marched in the head of an Army to oppose and destroy them and yet gave them Commission to fight foâ— King and Parliament so that Mr. Speaker here was riddle upon riddle and mystery upon mystery which did even confound and amaze the people and put them into Woods and Wildernesses that they could not see or know where they are or what to think of themselves or of the Parliament or oâ— the King only this they very well know that their burthens are greater now then ever they were before and that they have been made fooles in pretendingly to fight for liberty which hath brought them into bondage and that though it was formerly declared the King had no negative voice or legislative power but is bound by oath to passe all such lawes as the people folke or Commons shall chuse yet noâ— the Parliament sends unto him againe and againe for his concurrence to their Acts as though the giving of life soule and power to their actings were undisputably and inseparably inherent in him and as though now there consciences told them they must crave pardon of him for all the actions they have done without him and against him O ridles and unfathomable mysteries sufficiently able to make the people desirous to be ignorant of their liberties and freedomes forever and never to hear of them more especially considering they have paid so deare pretendedly for the enioyment of them and yoâ— after 5. years fighting for them know not where to find one of them But Mr. Speaker they were told that in this Petition the people had clearly held out unto them and that upon the undeniable principles of reason and justice the Kings rights the Parliaments and their own and that the two former were and of right alwayes ought to be subservient to the good of the latter and they were told it was not so much persons as things that the people doated upon and therefore undoubtedly those that should really hold out iustice and righteousnesse unto them were those that they would be in love with and therefore in mercy to our selves and in love and compassion to our native Country it was pressed that every man that desired to fulfill his end in comming into the world and to be like unto his master in doing good should vigorously promote and further this just and gallant Petition as the princeple meanes to procure safety peace iustice and prosperitie to â—he land of our nativitie and knit the hearts and spirits of our divided Country men in love againe each unto other and in love unto us which they could not chuse but afford when they should visibly â—ee we endeavoured their good as well and as much as our own there being all the principle foundaâ—ions of freedome and iustice that our hearts could desire and long after in this very Petition And if our greatest end were not accomplished in our prosecuting of this Petition viz. the Parliaments establishing the things therein desired yet the promoting of it would beg it understanding and knowledge â—n the people when they should heare it and read it and discourse upon it and if nothing but that were effected our labour would not be totally lost for nothing did more instate Tyrants in the secure possession of Tyranny then ignorance and blindnesse in the people And therefore for the begitting of knowledge
distroying ring leaders amongst them the Earle of Straffords punishment I shall never iustifie you for righteous and impartiall Iudges or think that you have discharged your duty either to God or the Common wealth And then Mr. Speaker in the second place as for the Lords Legislative power I told my friends to this effect that the Lords usurpations in that particular had been the cause of all the late wars and blood shed in England And Mr. Speaker I illustrate it unto you thus that before this Parliament was called there were certain great and wicked men in England that had in a manner totally destroyed and subverted all our lawes and liberties For the Judges in the iudgement of Ship money alone had given up to the King at one blow all our properties and by consequence all our lives and all that was deare unto us And these with many others had de facto set up an arbitrary tyrannicall power beyond above all law which is well set forth in your first Remonstrance of the state of the Kingdome which had like to have destroyed this whole Nation and the King being of necessity compeld to call this Parliament this House in its verginitie and puritie according to the great trust reposed in them endeavoured to execute justice and judgement upon the forementioned tyrannicall law and liberty destroyers whose power and interest by reason of those many great places and command they possessed in the Kingdome and by reason of the length of time they had continued in their wickednesse had so fastly routed and revited them in the bowels of the Common wealth That the endeavouring to pluck them up occasioned the feare of a dreadfull Earth-quake in the Kingdome and therefore that this House might in securitie goe on effectually to discharge their trust and duty to the kingdome they were therefore as to me appeares necessiâ—ated to new mould the Militia of the Kingdome and to put the strength of the nation into more confiding hands then it was before which desires of theirs they sent up to the Lords for their concurrance who refused to concurre not once nor twice but many times †See 1 part book dec pa. 289 364. 365. 398. 548. 557. and procrastinated time so long by their delay that the Kingdom was therby in danger of ruine which necessitated this house to send up Mr. Hollis a quandum Patron of the peoples liberties to the Lords bar with a message to this effect to demand the names of all those Lords that would not concurre with this House in saving the Kingdome that so they might be the obiect of their iustice and punishment And truly if the Lords had had a reaâ—â— and true right and title to their Negative voice to deny concurring with this House in what they pleased this message was no better then by feare and compulsion to ravish them out of their judgements and consciences and so by force to rob them of their rights And upon this message Mr. Speaker when the House of Lords see this House was in good earnest being prickt up thereunto by divers transcendent high Petitions of the people after they had delayed their concurrance so long as they could or durst the most of them fled and the remnant or lesse part concurred who at the best if they had a right to deny or grant it their wills and pleasures can be stiled no better then a House under force and by the same argument it â—ill follow they have so continued ever since and so all their acts eversince are null and void in law and reason both being the act of force and therefore of necessitie it must either be granted that the Lords pretended right to their law making power is a meere usurpation or else that the House of Commons committed the Apprentices late treason inforcing the Parliament But Mr. Speaker I said and still doe say that the Lords so long standing out and refusing to concurre with this house to settle the Militia of the Kingdome gave the King an oppertunitie to withdraw from the Parliament and to lay his design for a War yea and to gather his forces together whereas if they at the first desire had concurred with this house in setling the Militia the King had never had an oppertunitie to have withdrawn himself from the Parliament or to have gathered 300. men together much lesse an Army and so there could have been no Warre and blood shed in the Kingdome And therefore Mr. Speaker as I old amongst my friends so I doe here again lay the guilt of all the blood that hath been spilt in England in the late warre which I doe beleeve amounts to the number of 100000. men that have lost their lives in it at the House of Lords doore and this House Mr. Speaker in my apprehension can never in justice either before God or man acquit them selves as iust men if at their hands they doe not require and upon their heads requite the guilt in shedding all this innocent blood And as for their right to their pretended Legislative power I told my friends Mr. Speaker I would maintaine it upon my life against all the Proctors the Lords had in England that they had no truer right to their Legislative or Law making power then what they could derive from the sword of that Tyrant Willâ—am the Conquerer and his successors and therefore it was that in their joynt Declaration with this House published to the view of the Kingdome they doe not stile themselves the chosen Trustees or Representatives of the Kingdome but the Heriditary Councellers of the kingdome †See 1. part book decl pag. 324. 508. and Vox Plebis pag. 43 44 45 86. 92. 93. 94. in which pages the Lords are soundly paid but especially in the last the strength of which is taken out of Will. Prinns part of the soveraign power of Parliaments and kingdomes pag. 42 43. 44. where he hath if my judgement serve me levelled the Lords as sow as ever any of those he calls Levellers in England did and therefore his new book needs no other answer but his own words in his forementioned book so his own hand is against himself that is to say men imposed upon the Kingdomâ— for their law-makers and Rulers by the ficious omnipotencâ— will of the King to be their law makers and governourâ— Who in his answer to the 19. propositions hath no better plea for the Lords Legistive power but that they haâ—â— their right thereunto by blood And Mr. Speaker I said unto them and now averre it with confidence unto you thaâ— for them to take upon them the title of Legislators of England they have no more right so to doe then a Rogue Thâ—eefe and Robber that robs me upon the high way and by force and violence takes my purse from me had or hath to call my money when he hath so done his own true and proper goods Or Mr. Speaker for them to plead
alive but meerly what the Law of my native Country will allow me and truly Mr. Speaker I have borrowed many scores of pounds to preserve me alive in my necessities and truly Sir I must needs tell this House that in all likelyhood I might have perished in my straits if I had not had a little credit to have borrowed some money to supply my wants but truly sin when money is borrowed it must be paid againe and if I breake my word I loose my credit and when that is lost J must of necessity perâ—sh and therefore Mr. Speaker I beseech this honourable House that they would no more subiect me to the Lords lawlesse murthering wills by sending me againe to prison there to starve for while I am at liberty J can a little help my self amongst my friends and acquaintance wherefore J humbly beseech this honourable house to judge my cause and grant me my absolute liberty which is my due and right by law or at least at present continue your former Order that I may day by day goe abroad to follow my businesse tell this House have finished and fully determined it protesting Mr. Speaker unto this honounourable house that I had rather this house would order their guard of Halbeteers at the doore to knock my brains out or with their Swords to run me through then send me againe to prison there to remaine during the Lords unconscionable wills and pleasure there to be murthered and starved But Mr. Speaker if my iust lamentable and pitrifull complaint cannot enter the eares nor pierâ—â— the hearts of the Members of this house but that of necessity I must be compeld to goe to prison againe then I humbly intreat this honourable house speedily to assigne and give me my own which Mr. Speaker is almost three thousand pounds that I iustly expect from and by the meanes of this House to live upon that so in my captivitie J may live in some contented silence and patience and not fill your eares with any more necessitated clamours and iust outcryes which J must of necessitie doe unlesse you either give me my own money to live upon or a reasonable proportion of yours but if at present I cannot inioy neither of these then in the third place J crave and challenge from the bands of this House the benefit of the law of England and the custome of the Tower where I am to goe And first by the declared law of the Kingdome I am svre all prisoners whatsoever that have not of their own whereof to live ought to be maintained in their imprisonment out of the publique treasure in what prison soever they be in †See my Epistle to Col. West late Liev. of the Tower called the Oppressed mans oppressions declared pag. 2 3. 4. and Vox Plebâ—s pag 43 44 45. and the late complaint or true relation of the cruell sufferings of the Knights and Gentlemen prisoners in the tower of London pa. 3 4 5 7 10. And I am sure by the custome of thâ— Tower J ought to be maintained out of the publique treasure and to be allowed such an allowance as is sutable to my qualitie And sure J am Mr. Speaker I have there seen copies of divers Records of some hundreds years of age to iustifie this and this J am sure of that when Mr Hollis Mr. Long and other Members of this House were prisoners there in the third of the King the King allowed them maintenance out of the Exchequer according to their qualities when they inioyed the iniâ—re profits of their own great estates And Mr. Long lately in the Tower confest he spâ—nt the King 1500. l. And truly Mr Speaker I hope you will not be more uniust to me in allowing me maintenance according to my qualitie now I demand it as my right then the King was to your rich Members against whom you have proclaimed so many out cryes of oppression and iniustice * See their last Declaration â—gainst the King of the 11. â—f February 1647. and so with a Congee two or three I took my leave of the House and withdrew And being withdrawn the House fell into a hot debate for some houres together about the businesse and my greatest and fearcest enemie that I could heare of at the debate was Mr. William Peerpoint the Earle of Kingstones brother 〈◊〉 man of a vast estate and so full of zeale and mettell to the Parliaments cause that at the begininning of these troubles he would fame as I am from very good hands informed have run away and did aske leave to goe over into France but it would not be granted to him and yet he hath attained so much Maiestie as to be one of the superlative forme of Grandees and although he never ventured his life for the Parliament that J could heate of yet they have largely requited him for sitting still and given him seaven thousand 500. l. for his pretended losses out of his brothers Composition and it is strongly reported besides that he saved his brother a great deale above as much more in his Composition and therefore no wonder Mr. William Peerpoint was such a grand enemie to me and Mr. John Wildman for promoting such a Petition as desired to know what was become of all the publique treasure of the kingdome which the Parliament men hath in a manner solely monopolized unto their own use to buy Bishops lands of themselves c. with as well as all the great and rich places of the Kingdome and truly I am very much afraid that if the people doe not the speedier looke into all their cheets if not robberies for no better doe I account all the many hundred thousand pounds of the â—eoples money that they have given each to other it being possitively and absolutely against the law of this â—and for Feffes in trust and they are no more at most to give a penny amongst themselves they will shortly goe make an Ordinance to set up the Great Turkes law viz. that the Parliament men shall be Heires and Executers of all the rich men in England and therefore if ever the people thinke to get any good from this present Parliament who doe nothing in a manner but buy and sell each others Votes to serve the faction and coviteousnesse each of other then let them first resolve without any denyall to effect these two just things First That all Parliament men whatsoever while they fit in Parliament and continue Members thereof he uncapable to possesse or execute any place whatsoever either in Military or Civell affaires Secondly That the people be put into aiust and rationall capacitie to inquire into those many millions of money that have been raised upon them c which I am confident since the wars begun is above twelve pence for every penny that hath iustly been spent that can be iustly accounted for and then have at you and your letter Monopoly c. Mr. Pridiox and you and your Horse
that have been in the whole land besides And I challenge you in their behalfe and all your co-partners in England to instance or lay unto their charge any the least particulars acted writ said or done by the body of them or those that you count the ring leaders of them that in the eyes of any rationall men in the world doth in the least tend to the destruction of liberty and proprietie or to the setting up of Levelling by universall Communitie or any thing really and truly like it A lasse poore men their great and reall crime is this and nothing else that they will not be ride and inslaved by your masters Cromwell and Ireton and their confederates in the Houses viz. Earle of Northumber and Earle of Solisbury Lord Say Lord Wharton Mr. Lenthall Speaker the two Sir Henry Vains Sir Arthor Hasterige Sir Iohn Eveling Iunior Mr. Recrepoint Col Natth Eines coveteous and ambitious Solicitor S. Iohn Commissary Gen. Staines Scout Master Generall Watson Col. Rich the greatest part of which put altogether hath not so much true volour in them as will half fill a Sempsters Thimble nor so much honestie as will ever make them fit for any thing but Tyrants And indeed and good earnest Mr. Frost if divers of the forementioned honest men which you call Levellers would have been soft wax wether cocks Creatures every thing and nothing but to serve great mens ends I am very confident of it they should not have had your pen so deeply dipt in gall and vinegar against them as in that most desperate malicious lying book it is but in doing what there you doe you doe really without a maske or vizard shew your self what you are viz. a Secretary more fit for the Great Turke then for a Committee of that Parliament that in the yeares 1640. and 1641. did so many iust gallant and excellent things nor have incurred so much bloody hatred and destroying indignation from your last forementioned Grandees Lords and Masters as they have done but I am confident of it some of them might easily at this day have been in as great repute esteemation and place as your self having as much brains and parts and a little more resolution as your self But hinc ille lacrimae heer 's their sorrow heer 's their treason been their rebellion faction sedition stirring up and dividing the people and here is their Annarchicall Levelling as you call it that they will indure tyranny oppression and injustice no more in apostatised Cromwell and Ireton and their forementioned confederates then in Mr. Hollis Sir Pillip Stapleton c. nor then in the Earle of Essâ—x Earle of Manchester c. nor in the King and his Cavieleers nor in the Councell Board Star Chamber High Commission c. but desire that all alike may be Levelled to and bound by the Law and so farre I ingeniously confesse I am with them a Leveller and this Mr. Frost without any vernishing or colution is their only and alone crime in the blood-shot eyes of you and your new Lords and Masters And besides if in the phrases of men I may speake to you the forementioned honest men and their principles have been the Creators to set up Cromwell his preservers to support him in his straits which have not been a few his Sanctifiers by their praises and fightings to sanctifie him and to make him amiable and lovely in the peoples eyes his Redeemers to redeem him from destruction by Hollis and Stapleton c. even at that time when I am confident he gave himself up in a manner for a lost and undone man and to requite them for all their faithfullnesse to him and hazzards for him he hath visibly and apparently made it his study and worke to crush and dash them to pieces like a cuber of Glasses with such violence as though he designed and intended they should never be gâ—ude or sodered together any more O monstrous unnaturall ignoble and horrible ingratitude and yet even this in its hight hath been acted and done by him unto them as is undeniably demonstrated in that notable book called Putney projects and an other book called the Grand designe and a book in answer to his lying champion Mr. Masterson called A lash for a Lyar. And therefore from all that hath been said I againe christen your forementioned tribe the true and reall Levellers and those that you nick name Levellers the supporters and defenders of liberty and propriety or Anti Grandees Anti Jmposters Anti-Monopollsts Anti-Apostates Anti-Arbitrarians and Anti-Levellers And further in your sixe pag. you say that the foresaid honest men are grown to that hight both by making combinations printing and dispearsing all manner of false and scandalous Pamphlets and papers against the Parliament to debâ—uch the rest of the people gathering moneys and making treasures and representers of themselves that the Parliament can no longer suffer them in these seditious wayes without deserting their trust in preserving the peace of the Kingdome and the freedome and propriety of peaceable men For printing and dispearsing all manner of false and scandalous Pamphlets I retort that upon you and the rest of the mercianary pentioners of your Grandees lying Diaâ—nolls and Pamphlets being one of the chiefe meanes to support their rotten reputation and new attaind unto soveraignty but I am sure you and they have almost lockt up the presses as close as the Great Turkâ— in Turkey doth Tyrants very wel knowing nothing is so likely to destroy their tyrany procure liberty to the people as knowledge is which they very well know is procured by printing and dispearsing rational discourses But your Grandees have been very grosse in their setting up their new tyranny for at their first rising at one blow and with one ordinance they lock up the presse clooser then ever the Bishops did in all their tiranny or then Mr. Hallis and his faction againw whom for tyranny and injustice your Grandees in their declaration so much crid out upon did alâ— those yeares they bore the sway And J am sure it was the maxim of the chiefe of your Grandees the beginning of this Parliament that alwayes in time of Parliament it being a time of liberty and freedome the printing presse should be open and free and J am sure this was their answer to the Bishops the begining of this Parliament when they solicited the House of Commons to stop the presses and for my particular I shall give you my consent to an Ordenance or law to make it death for any to print or publish any book unlesse the author to the printer or bookseller enter into some ingagement to maintaine with his life the truth of his book provided the Presses may be free for all that will so doe And as for gathering money to promote popular Petitions and all the rest of your charges upon them they may easily iustifie them out of the Parliaments own premitive declarations and for a little tast of
lyes upon mâ— by law for all charges in law ought to be in writing under the hand or hands of him or them that chargeth And in that forme that the Law requires and proceeded in according to the forme of the Law of the land expressed in the 29. chap. of the Great Charter and those lawes which expound it which are mentioned and nominated in the Petâ—ion of Right * Which you may may at large read in my Plea before M Corbet c. recorded in the 8 9 10. pages of my book called the resolved mans resolution and in Mr. John Wâ—ldmans late defence called touâ—hs triumph which this pretended verball charge is not in the least And indeed Mr. Speaker in law it is no charge at all neither in the way this informer is in can I well have any remedy against him in case he abuse me for as I understand if he tell twenty lyes against me I cannot punish him but if he maliciously sweare one against me I have his eares at my mercie c. * See Sir Edward Cooks 3. part instituts fol. And a betrayer of my libertys J should be if I should looke upon it as any charge at all And in that consideration returne an answer to it and therefore againe saving unto me the rights and priviledges ☞ of an English man which is to be tryed by no other rules or methods for any reall or pretended crime whatsoever then what is expresly declared by the known established and declared lawes of England nor by nor before any other authority or magestracy then what the Law hath authorised to be the executors of it †Which I am sure the House of Commons are not in the least their proper worke being to repeale and make Lawes and to leave the execution of them to the Iudges and Iustices of peace c. see the peoples prerogative p 40 41 72 7. M. â—eldmans truths triumph p 17 18 19. J say sauing as before I have expressed J shall out of that ingenuity of spirit and candidnesse and integrity of heart that dwells within me and out of that high and honourable respect I beare to the interest and just athority of this House give you if you please a free voluntary full and perfect relation of all the most materialest actions passages and speeches that have past from me about this Petition since it was first begun to our conclusion of our late meeting at Wâ—â—pâ—â— And I shall the rather at present â—â—y aside the punctilloâ—s of my liberty which is nor to answer to any interrogatries or confesse any thing against my selfe till it be legally and punctually proved because I have longed for such an oportuity as this and my silence at this time might in the prejudised opinions of some among you against me argue in their spirits my guiltinesse of all their lyes laid unto my charge and thereby mâ—ght in their own hearts take me pro confesso and conclude me guilty from my silence but without a grant of free liberty from this house to speak my minde freely without any interruption I shall not say one word more but remain in perfect silence so the Speaker commanded us to withdraw which we did And about a quarter of an houres time after the Sargeant at Armes came with his Mace and ushered us in againe and having placed our selues at the Bar Mr Speaker having a paper in his hand looked upon it and said to this effect Mr. Masterson the House conceives that you have nothing high given them so full a relation of this businesse to day to Mr. Lilburns face as you did yesterday when you were single †And I am sure this relation that he hath â—ven in under his hand to the Comittee â—f Darby house and printed by him in is answer to Mr. Wildmans book and reâ—rinted in Mr. Frosts for mencioned book 〈◊〉 not one halfe of what he said at the Hoâ—se of Commons bâ—r and yet their are â—es enough for all that as appears by an â—nswer to it called a lash for a Lyar. therefore I am commanded to ask you what you say to such and such a thing and mencioned as I remember about 6. or 7. perticulars the substance of all his accusation so nere as that litle heed that I gave unto it would inable me to Collect was to this effect That there was a designe especially by me declared at the foresaid meeting contrived by me c. to destroy or cut of both houses of Parliament and that we could not be far form the intention of executing of it in regard I had appointed blew ribons to be worne in the hats of all those that should be saved alive and that though we did now draw a Petition to the House yet it was no more but a Cloak or Colour to raise the people by that so we might the more covertly make our selves strong enough â—o destroy them But after he had done the Speaker told me the house had given me free liberty to say what I pleasâ—d at which I made a Congy and mightily raised up my heart to God with an earnest inward Cry up â—o Heaven now to come in if ever with power strength wisdome resolution and utterance accordâ—â—â— to his wonted goodnesse and praysed be his name he heard my inward sight and eyes unto him and â—ut as it were a new heart and burning fire into all the blood in my vains raised up my spirit high beâ—ond its ordinary temper and with a litle pause I begun and said after this manner with a soft â—oyce Mr. Speaker I take it for no small honour to be admited this day to this great though just priviâ—edge to have free liberty to speak my mind freely and boldly without interruption and having againe â—remised what is before premised and protested againe what is before protested with a loude and mighty voyce though with an easie and senceable command over my selfe I went punctuall on with â—ut the least interruption and extempory said Mr. Speaker I doe here freely and voluntarily confesse it that I had a band or a finger in drawing the 〈◊〉 Petition with â—arge marginall notes fixed to it and that I also had a hand in putting it to the â—rinting grosse and paying for it and went on giving the House the grounds and reasons of my so doâ—ng acquainting them with all the pains I had taken to promote that gallant Petition in City and Country telling them that I durst at their bar with confidence aver it that there is never a man in England that dare or can justly speak against the body or scope of that just necessary and righteous Petition unlesse it be those that have guiltie consciences within them or those that are of and allied unto some of those corrupt interests that are there struck at I also acquainted them truly with the reall causes of our late meeting at Wapping that Masterson â—omplained of and after
it was requisite it should be promoted And also for the healing of the divisions amongst the people and knitting them together in love that so their minds might be diverted from studying the â—uin each of other to studie the destruction of Tyrants that would in time destroy them all whose fundamentall maxime â—t is that they must by policies and trâ—cks divide the people amongst themselves or else they can never safely tyrannise over them †And therefore of all dangerous kind of cattell that ever were have a care of the Lawyers whose interest it is to set up and promote tyranny that so thereby divisions and discords enough may be begot without which they cannot live and grow rich and great and therefore take this for an infallible rule that if at any time there be any thing promoting for healing the divisions of the people and securing their liberties and proprieties the mercinary hackney Lawyers are principally the men that bend all their might and strength to oppose it and crush it and therfore I say againe look upon them with an evill eye as the vermine plagues and pests of a Common wealth there being so many of them in England as is able to set a thousand peaceable Kingdomes together by the eares therefore say I to the people never fit still till you have got your Lawes abreviated with all their entryes and proceedings in English that so you may understand them and plead your causes your selves and so let the Lawyers goe shake their cares till which you will never inioy peace and quietnesse And Mr. Speaker there was one in the Company that made a motion to this effect that he did conceiveit was more requisite at present speedily to second the Armies Declaration with a petition to incourage this House vigorously to go on to prosecute their last Gallant Votes for so they were called to which was answered to this effect That in this petition was contained more then was in all them Votes for it struck at the very root of all that tyranny that had enslaved and would inslave us viz. the Negative voice in King and Lords both which the Votes did not in the least And it was impossible that there could be an active member in the House of Commons but knew that this petition was promoting all over the Kingdome which abundantly declares greater incouragement to all those Members of the House that really intended good to the Commonwealth then possible could be in a single complementall Petition signed with 4 or 500. hands such a petition being rather fit to puffe them up and thereby divert them from fully intending the peoples good then upon reall grounde to strengthen and incourage them therein and there was never a member of the House whose design in the largest extent of it was no more then the pulling down of the King that so he might be a King himself but of necessitie he must receive more satisfaction and incouragement from the knowledge of the promoting this gallant unparaleld petition which is a cleare demonstration to the Parliament that those that promote it clearely understand that the King and the Lords tyranny and their liberties are inconsistent then he could doe from a bare complementall petition which would also be dangerous to our selves in quashing the vigorous prosecuting of this that contained the utmost of our desires and the sum of all those things that in this world we desired to make us happie But Mr. Speaker it was againe obiected that seeing the Petition struck so much at the House of Lords as it did who lately it was said had concurred with this House in their Gallant Votes against the King it was dangerous to the Kingdomes safety in this iuncture of time to promote it loast is might occasion a clashing betwixt the two Houses which would now be very dangerous Uâ— to which Mr Speaker my self c. answered to this effect that if the Lords had so concurred in these Votes that they had declared it had been their duty without dispute â—o have concurred to all such Votes as the House of Commons had passes there had been some ground to have pleaded for a respect 〈…〉 from us But seeing they so passed the Votes as in the passing of them they declared it to be their right to give their denyall to any Votes the House of Commons shall hereafter passe that doth not please them We are thereby ingaged the rather to goe on with our Petition to pluck up their destructive interest by the roots that had brought all our miseries and woeâ— upon us For Mr. Speaker if the Lords be considered in their indicative power we shall find them as guilty of treason in subverting our fundamentall lawes and liberties as ever the Lord of Strafford was for which he lost his head †See his Bill of Attainder by vertue of which he lost his head printed in the 29. pag. of the Peoples prerogative read also the â—6 47. 55. pages thereof read also his charge printed at large in a book called speeches and passages mentioned in the 28 pag. of my book above mentioned who in his impeachment of high treason by this House was accused it tho 4 5 6 7 8 9. articles that he had treacheâ—ously subverted the fundamentall lawes and liberties of England and Ireland and introduced an arbitrary tyrannicall government beyond and above law in that he had upon paper petitions and verball complaints without any due course processe or shadow of Law but meerly by the Law of his own will outed divers of the free men thereof out of their liberties proprieties and freeholds to the ruin and destruction of many of their families And truly Mr. Speaker I must aver it and doe aver it before this House that the present House of Lords are as guiltie of this trayterous subverting of our fundamentall lawes and liberties and introducing and exercising an arbitrary and tyrannicall government above and beyond all law and iustice as he was And by the law of their own wills without any due course or processe of law or the least shaddow of law have outed divers free men of England out of ther liberties properties free holds * See amongst many other of their transcendent acts of iniustice the lamentable case of Iohn Pointz alias Morrice Esquire and Isabel Smith c. which you may read at the last end of this Epistle they themselves being Complainants Prosecuters Parties Witnesses Jury and Iudges have passed most barbarous and tyrannicall censures upon them to the apparent ruine of them and their families yea and upon me have passed so barbarous and transcendent an illegall sentence that I am confident the like of it in all circumstances is not to be paraleld in all the Earle of Straffords tyranny for which he lost his head And Mr. Speaker let me freely tell you that unlesse this House doe execute upon the present tyrannicall House of Lords or the mischievous and law
that because they have exercised this power for some 100. of years together that therefore now without all dispute it is their right and due I told them t was no better an argument then for a Knave to aver such an honest rich woman was his wife and her riches his propriety because by force and violence he had committed a rape upon her verginity and by force and violence had taken possession of her goods and forced and compelled her for feare of having her throat cut to hold her peace Now Mr. Speaker from the act of force and violence committed upon such an honest woman to draw this argument or conclusion that therefore he that did commit it because he used her or lay with her is her lawfull and true husband or that all her goods are his because by force he hath taken them from her and by force keepâ— them and useth them as his own is no found argument and yet as strong a one as for the â—or as by force of Armes to ioyne with the Kings of England to rob us of our native and undoubted liberties and rights which is to chuse and impower all out law-makers and to be bound by nâ— law imposed upon us by those that never were chosen be trusted by us to make no lawes and then usurp them to themselves and by force and violence is keep them from us and then to plead because they have possessed them so â—ong that therefore they have a true undoubted and naturall right unto them Besides Mr. Speaker I told my friends that if ever the Lords had any right at all to their pretended Legislative or law making power whichâ— utterly deny that ever they had yet they have since this Parliament with their own pens and tongues given it away And that I did and doe prove thus the Lords themselves never claimed their power by any other right then what they derived from the King by his letters patenâ—â— writ in a piece of Parchment with a seale to iâ— Now if the King have no Legislative power inherent in himself without all controversie in the world he can give or derive none unto the Lords for it is impossible that that should flow or come from a thing that is not originally inherent iâ— the thing it self But the King hath no legislative or law making power inherent in himself and therefore can give or derive none unto the Lords And that the King hath no legislative power inherent in himself J prove out of the Lords own words in their ioynt declarations with this house of the â—6 May 1642. and of the 2. Novemb 1642. 1. part book declarat pag. 268 269 270. 7â—6 707 708 709 710 711 712 713 714 715 Where they spend many leaves to prove that the King is of duty bound by his Coronation Oath to passe all such Lawes as the FOLK PEOPLE or COMMONS shall chuse and if so then he hath no Negative voice and if no Negative voice then he hath no Legislative power and so cannot possibly give any to them and that he hath no Negative voice or Law-making power their own words and arguments fully prove in the forementioned declarations Nay Mr. Speaker it was further declared to this effect that if this house did instate the people of the Kingdome in all the rest of their liberties and left this pretended Legislative power of the Lords unroâ—ted up they were but slaves by that one particular alone and that was illustrated in this manner All Legislative power in its own nature is meerly arbitrary and to place an arbitrary power in any â—rt of persons whatsoever for life considering the corruption and deceitfullnesse of mans heart yea â—â—e best of men was the greatest of slavery but the claime of the Lords is not only to have an arbiâ—â—ary power inherent in themselves for life but also to have it hereditary to their sonnes and sonnes â—â—nnes for ever be they Knaves or Fooles which is the highest vassalage in the World And herefore Mr. Speaker J must freely tell this House that I shall never believe they really and in good earnest â—â—tend to make the Kingdome free till I see them pluckt up by the roots this grand tyranny of the â—ords though for my part I am not against their enioyment of their titular dignitys nor the inâ—eriting of their great estates alwayes provided they be made sublect to the Law as other men in payâ—ng their debts c. And if for this rigidnesse against the King and the Lords Negative voice I be called 〈◊〉 State Heritique I answer for my selfe that the Parliaments own Declarations hath made me so â—nd that if I be deluded and deceived they are the men that have done it * The rest of my narrative at the bat about the businesse of apostatised Lievt Gen. Cromwell Com-Gen Jreton I desire the Reader to read my large Aâ—ologie formerly made in this kind which â—e shall find in the 24 25. pages of my â—ook called the Resolved mans resolutiâ—n in which book the treachery and â—navery of my bloody and tyrannicall â—tar Chamber Iudges old Sir Henry Vain â—s lively carrectarised the second Felton and my Lord Wharton c. up about half an houre containâ— so much maner in my own head 4 or 5. sheets of paper which I must scipover and remit to another time but because I iudg my conclusion to be very pertinent to my present businesse and sufferings I shall give it you verbatim as I have many dayes ago writ it which thus followeth And now Mr. Speaker I shall draw towards a conclusion having dealt ingeniously with you and freely of my â—wn accord not with the least relation to this notorious lying illegall Charger or Informer given you a full relation of all the materiall discourses at the Meeting c. so fat as my present memory will enable me this I am sure of Mr. Speaker that I have not timerously or falsly hid any thing from you or in one tittle minsed the busines having rather given you more then lesse humbly submiting my self my present relation and all my actions relating thereunto unto this House to referre me and them if they shall be iudged offensive wholly and solesy to be iustified or condemned at the Common law by a tryall before one ordinary Iudge the true and proper executor of the Law and a Iury of my Equalls according to the known and declared law and iust custome of England which is my Birth right and inheritance which instates me into the capacitie that J am not in my present condition to be tried iudged or condemned by this house or any other power in England but according to the known and declared Lawes of England the Executors of which in the least I ever this House are not †Which is very well and fully proved in the 2 3 4 5. pages of Englands Birth-right and the last sheet of Mr. Iohn Wildmans defence against Mr. Masterson
Cosing c. Sir Arthur Hasterig for I must of necessitie have a fling at you both for your late zeale manifested â—or me to make me be a Comrade with Iudge â—enkins to Tyburne no other place in your judgement so well becomming him and me then that though truly I am very confident it would better become your selves But upon the debate in the House after Candles was lighted newes was brought out that Mr. Wildman was committed to the Fleet and my selfe to the Tower for treasonable and seditious practises against the State but for all that I stirred not but staid with my Comâ—ade in the Loby at the House of Commons doore and after the House was rise Mr. Bicket the Serjeant ac Armes come to us and told us what was done and J told him at present I would not dispute the power of the House in commiting me but if the Warrant were not legall I was resolved to loose my life upon the place before I would goe willingly to prison without a legaall warrant containing the particular cause and having a legall conclusion viz. and him safely to keep untill he be delivered by due course of Law but Mr. Serieant brought me a copy of the Warrant and it was to remaine in prison during pleasure which I told him I would have my braines beat out before I would willingly obey and stoop to it so the people that stayed being about 100. cryed ovt unto us to goe away with them for to prison they would not suffer us to goe without a legall Warrant telling Mr. Sergeant that if the warrant were legall if we would not goe they would help him to câ—rry us so Mr. Serieant went into the Clarkes office and mendeâ— the forme of the Warrant but wanted Mr. Speakers hand unto it who was then gone home so we gave him our Perrowls to appeare there betimes the next morning and accordingly we did and thaâ— evening reading Sir Edward Cooks Commentary upon the 29. Chap. of Magna Charta and his Expâ—sition of the 1. Edward 2. which treats upon breaking of prison in his 2 part institutes I find in thâ— last fol 590 591. he expresly declareth it is not enough to expresse the cause in generall but it mâ—â— be in particular and if for Treason for what particular Act of Treason and if for Fellony For whiâ—â— particular act of Fellony whose words at large you may read in the 74 75 pages of The Peopleâ— Prerogative And in the 5 6. and 10. pages of Sir Iohn Maynards case truly stated And being at the House of Commons doore the next morning Mr. Serieant shewed me my warranâ— the Copy of which verbatim thus followeth BY vertue of an Order of the House of Commons these are to require you to receive from the Serieant at Armes or his Deputy the body of Lievt Col. Iohn Lilbuâ—ne into the Tower of London and him there to detain in safe Custody as your Prisoner in order to his tryall according to Law he being committed for treasonable and seditious practises against the State and for so doing this shall be your Warrant Dated 19. Ianuary 1647. To the Lievtenant of the Tower of London William Lenthall Speaker Vpon reading of which we both desired to speake two or three words with Mr. Speaker and the House being not sate we accordingly did and I told him I very much desired his favour to be called againe to the bar to speake two or three words to the Legallity of the warrant for as it was I told him we might remaine in prison ad infinitum before the Iudges durst or would grant us a Habeas Corpus to bring us up to the bar of iustice to receive a legall tryall or our liberty according to Law And having Sir Edward Cookes 2. part inst in my hand published by their own Order for good law I desired to shew him his iudgement to declare the Warrant illegall but when the House sate wee could not prevaile to be called in but Mr. Serieant came to me and pressed me to be willing to goe to prison upon the Warrant already made or else the House had ordered him to force me but I told him I would loose my life before I would be a traytor to the liberties of England which I must doe J told him if I obeyed that illegall Warrant And when I had so done I fell of preaching law and iustice out of Sir Edward Cookes institutes then in my hands and the Parliaments own declarations to the Souldiers that guarded the House telling them that they were raised to fight to preserve the liberties and freedomes of England but not to destroy them which they must of necessitie doe if they laid violent hands upon me to force me to prison upon the Houses illegall Warrant and in making mee a slave they subiected themselves to slavery and manifest themselves to be a pack of arrant mercinarys by destroying their own declarations being it was possible my case to day might be theirs to morrow I further told them that a generall charge of treason in Law was no charge at all by the Houses own Declarations and J instanced the case of the five Members and the Lord Kimbilton and the same is declared in the case of Alderman Pennington when he was Lord Maior of London And Alderman Folks Col. Ven and Col. Manwering whose cases you may read in the first part book declarations pag. 38 39. 77 201. 278. 660. 845. I also instanced the cases of Mr Hollis and the rest of the eleven Members where the House vote a generall charge was no charge And I also told them it was no contempt of authority by the Parliaments own Declarations to refuse obedience to illegall commands for in their declaration of the 19 May 1642. 3. part book dec pag. 101. they look upon the Atturney generalls impeachment of the 5. Members and the Lord Kimboâ—ton as upon a hainous crime against the Law of nature against the rules of iustice that innocent men should be charged with so great an offence as treason in the face of the highest Iudicatory of the Kingdome whereby their lives and estates their blood and honour are indangered without witnesse without evidence without all possibilitie of reparation in a legall course yet a crime marke it very well of such a nature that his Maiesties command can no more warrant then it can any other act of iniustice It is true say they that those things which are evill in their own nature such as a false testimony or false accusation cannot be the subject of any command or induce any obligation of obedience upon any man by any authority whatsoever therefore the Atturney in this case was bound to refuse to execute such a command And pag. 150. If a Generall attempt or command to turne the mouths of his owne Cannons against his own Souldiers it doth ipso â—acâ—â— estate the Army in a right of disobedience because the Generall hath gone against the nature
of his trust and place See also page 266 267. 269. 276 277. 3â—4 361. 382. 494. 696 700. 716. 721 726. But that my Warrant is illegall I evince it in those foure particulars First because it is signed by the Speaker of the House of Commons who as Speaker in law hath no power at all in the case in controversie to commit me to prison for the House it self is chosen and betrusted to make and repeale Lawes but is not in the least by law or reason impowred to execute the Law Secondly my warrant had no seale to it as by law it ought to have as is fully proved by the fore recited places but neither of these were the things I stood upon though I might iustly have done iâ— in Law Thirdly my Warrant hath no legall cause expressed in it and therefore illegall because it only runs in generall but doth not expresse in Particular the treason they lay to my charge and therefore not in law to be obeyed either by me or by the Lievtenant of the Tower or any other against all the executers of which in Law I have my action of false imprisonment if there were any iustice to be had which now I must and will say is destroyed by Sir Thomas Fairfax and his mercionary Ianisaries under his command As is clearly evident in their late condemning W. l. Thomson by Martial Law who is a meer Commoner Fourthly it wanted a legall conclusion viz. and him safely to keep untill he be delivered by due course of Law which two last things I stood upon and ground enough I had so to doe because for want of them I was eternally coâ—â—mitted to prisâ—n without any legall crime laid unto my charge And therefore meâ—cinary Ianisary Col Baxster might as well and as legally commanded his Souldiers to have cut my throat as to have commanded them to have drawn their swords upon me and to have dragd â—ee away by force of Armes by vertue of an illegall warrant Fâ—r if my warrant had been legall I could with a Habâ—aâ— Corpus have brought up my self to the Kings Bench bat the last tearm and there according to law have forced my imprisoners to a legall tryall either for my iustification oâ— condemnaâ—â—â—â— whereas now by the illegallity of my warrant I am deprived of all meanes to bring my self in a â—â—st tryall at Law although J desire it as much at to eate when I am a hungry and so now must either starve or rot in prison or troop unto the wills of Tyrants to cry them pâ—ccavie to get my liberty to the traterous betraying of the lawes and liberties of England the which rather then J would willingly doe I would by Gods assistance be cut in a thousand pieces But expostulating with the Officers and Souldiers that commanded the guard the Serieant at Arms could not get one of them to lay hand upon me and at last it at mercionary cowardly unworthy base fellow Col Baxster came up with a freshguard who hath not the least sparke of a true brâ—d English man in him as I shall be ready when time serves to testifie to his nose and I begun to expostulate in law and reason with him but he like a professeâ— Mercionary Turkish Ianisarie told me to this effect It was his office and place not to dispute Orders or Commands but to put them in execution and therefore J must talke no more to him for to prison he would carrie me and most imperiously commanded to cleare the Lobby of all my friends and not knowing but 〈◊〉 intention was to murder me at the House of Commons doore in such a manner that there should be none of my friends by to beare witnesse of his blood guiltinesse I gave my books staffâ— and gloves to my friends being resolved of pâ—ssiâ—le I could to seize upon the very wind pipe of him that first laid hands upon me and to deale with him as a bloody fellow that came to murther and distroy me but the crouâ— going out of the doore J strove to goe with them and as soon as I was out upon the top of the staiâ—â— he himself laid hands upon me but the croud was so strong that my very armes was â—â—nnioned thaâ— I could doe no more but attempt the throwing him down the staires but the croud became his proâ— and safeguard and all of a sudden abundance of swords were drawn about my cares and I so crouded up that I was necessiâ—ated to have patience perforce although I was resolved if I could have goâ— any elboe room to have lost my life upon the place like a man rather then to have been robd of my lâ—gall and naturall liberties standing upon my feet but some of the Souldiers were extreamly desperate and mad upon me upon which I cryed out murder murder murder as loud as ever I could cry whereupon followed a fearefull cry of the people in the same tone Baxsters new Souldiers that hee brought up with him that had heard none of my discourse laid about them like mad men upon a company of naked men and knockt down some of my friends with the but ends of their Muskets and others run severall times a tilt at me with their drawn swords and had undoubtedly dispatched me had not my wife stood betwixt me and them and one young fellow especially I took notice of who run severall times fearcely a tilt at me and had undoubtedly distroyed me but for the ingenuitie of the Lievtenant belonging to the Captain of the guard which fellow upon inquirie I found to be the Ensigne to the Captaine of the guard and as I was led away I found my old acquaintance Captain Groome very active against me and to set up Slavery and Tyranny veryfying that proverb that set a begger on horseback and he will gallop and drive more furiously then he that is acccustomed to riding So being necessitated to yeeld up at present the liberties and freedoms of England to the tyranny of that House of Commons and the Souldiers of that Generall who raised and commanded an Army pretendedly to fight for and preserve the liberties of England and in divers of their Declarations have imprecated the wrath and vengeance of Heaven and earth to fall upon them when they cease so to doe And truly did J not consider there is a iust righteous and powerfull God in Heaven that is able to performe upon these mens heads their own prayers J should even be overwhelmed with sorrow and griefe at their unrighteous blood thirsty and cruell dealings with me And being with a guard of Souldiers by water brought to the Tower and discoursing with Col. Titchburne the present Lievtenant of the Tower I became ingaged upon my perrowle to be a true prisoner and he became ingaged to use me with all civilitie and respect which truly from himself I have at this bout no cause to complain of but yet notwithstanding ever since by his Warders at the gate my