all the parts of the Act for the avoyding of the 〈…〉 absurdity that might follow received a particular interpretation is 〈…〉 â—â—â—ks in cases of far lesse inconvenience and absurdity Plo. Com. in Stowels Case fol. 369. The Preamble is to be 〈…〉 it is the key to open the meaning of the makers of the Act and mischief 〈…〉 intend to remedy The Judges of the Law have ever in such sor◠〈◊〉 the intents of the meaning of the makers of such Acts of Parliament as they 〈◊〉 â—â—pounded Acts gâ—nerall in words to be particular where the intent 〈◊〉 been 〈◊〉 Which are the words of the Book And therefore upon that rule iâ— is there adjudged That where the Statute of 7. Edw. 6. iâ— generall IF ANY RECEIVER OR MINISTER ACCOVNTANT c RECEIVE Oâ— ANY PERSON ANY SVM OF MONEY FOR PAYMENT Oâ— ANY FEES c. HE SHALL FORFEIT vis viii d. FOR EVERY PENNY That this do not extend according to the generality of the words to the Receiver of common persons because these words subsequent be added otherwise 〈◊〉 be lawfully may by former Laws and Statutes Now the Judges restrâ—ined the generality to a particular to the Kings Receiver onely for that no Law â—â—â—â—tute was formerly made concerning common persons Receivers c. But iâ— the Case in question as well the precedent clause of Restitution as the 〈…〉 expressing offences in particular and the words in the same generall sentence viz. VNDER YOUR HIGHNESSE c. and principally the cause of the 〈◊〉 of this Act do qualifie the generality of the words And yet notwithstanding â—â— was resolved by all the Court in the said case of Stradling fol. â—0◠〈…〉 Receiver of common persons were within the words of the said 〈…〉 it is said that if a man consider in what point the mischief was before the 〈◊〉 and what thing the Parliament meant to redresse by this be shall 〈…〉 intent of the Makers of the Act was to punish onely the Ministers of the King 〈◊〉 a little after the Judges say That the stile of this Act is AN ACT FOR 〈◊〉 TRUE ANSWER OF THE KINGS REVENUES And by this 〈◊〉 intent of the makers of the Act is to be collected and these be the words of the 〈◊〉 which is a far stronger case then the case in question 4 Ed. 4. fol. 4. 12. Every Statute ought to be expounded according 〈◊〉 intent of them that made it where the words thereof are doubtfull and 〈◊〉 and according to the rehearsall of the Statute and there a generall Statâ—â—◠〈◊〉 strued particularly upon consideration had of the cause of making of the Act 〈◊〉 the rehearsall of all the parts of the Act. To conclude this point with a generall Râ—le allowed by all Laws 〈◊〉 â—â—struction of Statutes viz. Although the Law speak in generall terms 〈…〉 â—o be bound up or accepted That WHERE REASON CEASâ—TH THâ—â—â— THâ— LAW CEASETH FOR SEEING REASON IS THE VERY LIFE AND SPIRIT OF THE 〈◊〉 IT SELF the Law giver is not to be esteemed to respect thâ—â— which 〈…〉 Reason although the generality of the words at the first sight or after the 〈…〉 otherwise Mark I intreat you these last words well for they are 〈◊〉 and full And much more iâ— there to this purpose for he is 〈…〉 said Statute of 1 Eliz. 1. And that this equitable and intentionall 〈◊〉 of expounding Laws in dubious eases or where absurdities or mischiefs do depend upon the taking of it in the litteral sensâ— is justifiâ—ble legall and good is unquestinably demonstrated out of your own 1 part Book Dec. pag â—50 〈◊〉 these very weeds viz. That there is in the Laws an equitable and literall sense His Majestie â—et it he granted â—â— intrusted by Law with the Militia but 't is for the good and preservation of the Republique against forraign Invasions and domestick Rebellions For it cannot be supposed that the Parliament would ever by Law intrust the Militia against themselves or the Common-wealth that intrusts them to provide for their WEALE NOT FOR THEIR WOE So 〈◊〉 when there is certain appearance or grounded suspicion that the letter of the Law shall be improved against the equity of it that is the publick good whether of the body reall or representative then the commander going against its equity gives liberty to the commanded to refuse obedience to the letter For the Law taken abstract from its originall reason and end iâ— made a shell without a kernell a shadow without a substance and a body without a soul â—t is the execution of Laws according to their equity and reason which as I may say is the spirit that giveth life to Authority the letter kils Nor need this equity be expressed in the Law being so naturally implyed and supposed in all Laws that are not meerly Imperiall from that analogie which all Bodies politick hold with the naturall whence all Government and Governours borrow a propoâ—â—ionall respect And therefore when the Militia of an Army is committed to the Generall it is not with any express condition that he shall not turn the â—outhes of his Canons against his own souldiers for that is so naturally and necessarily implyed that its needlesse to be expressed insomuch aâ— if be did attempt or command such a thing against the nature of his trust and place it did 〈◊〉 facto estate the Army in a right of disobedience except we think that obedience binds 〈◊〉 to cut their own throats or at least their companions Yea the very title of the Act in hand literally declares it was never intended to be perpetuall no nor to extend to so long a time as to be miâ—chievous to the Common-wealth by subduing the SOUL of all our Liberties frequent 〈…〉 Parliaments 〈◊〉 wholly and 〈…〉 for it is called An Actâ—o prevent inconvenientes which may happen by the 〈◊〉 adjourâ—iâ—g 〈◊〉 or dâ—ssoâ—â—ing of this present Parliament Markâ— the words well and it puts all out of dispute that thâ—â— Act was â—at meerly done to tie the Kings hands for a certain reasonable time that so it should not be dissolved uâ—timely and the Title declares it was made to avoid Inconveniences and therefore 〈◊〉 to beget and increase them which it must needs do as is already fully proved if it 〈◊〉 frequent successive 〈◊〉 Parliaments But yet once again more fuller Reason and Nature it self saiâ—â— yea and the Law of England saith That when 〈◊〉 Act of Parliament is against 〈◊〉 Right or Reason or 〈◊〉 or impossible to be performed or kept the common Law shall 〈◊〉 it and adjudge this Act to be void they are the words of the Law 1 pars Dr. Boâ—â—am's Case fol. 118. 8. Ed. 3. fol. 3. 30. 33. E. cessâ—vil 3â— 27. H. G. 〈◊〉 41 1 Eliz. Dier 313. 1 part Cooks Institutes lib. 3. chap. 11. â— 209. fol. 140. 2. An Act of Parliament that a man shall be a Judge in his own case is a void Act in Law Hubbert fol. 120.
In all your Declarations you declare that binding and permanent Laws according to the Constitution of this Kingdom are made by King Lords and Commons and so is the opinion of Sir Ed. Cook whose Books are published by your own Order and who in the 2 part of his Institutes fol. 48. 157 and 3 part fol. 22. and 4 part fol. 23. 25. 48. 292. saith that Act that is made by King and Lords in Law binds not nor by King and Commons binds not or by Lords and Commons binds not in Law if so then much more invalid is the single Order of the Lords made against Law and can indemnifie no man that acts by vertue of it and your Ordinances made this Parliament in time of extream necessitie during denounced Wars are by your selves in abundance of your own Declarations esteemed adjudged declared but temporary and invalid as durable Laws which is evidently cleer out of the 1 par Book Decl. p. 93. 102. 112. 142. 143. 150. 171. 173. 179. 207. 208. 267. 277. 303. 305. 382. 697. 705. 709. 727. your expressions in the last page are we did and doe say that the Soveraign power doth reside in the King and both Houses of Parliament and that his Majesties Negative voice doth not import a Liberty to deny things as he pleaseth though never so requisite and necessary for the Kingdom and yet we did not nor do say that such bills as his Majestie is so bound both in Conscience and Justice to passe shall notwithstanding be law without his consent so far are we from taking away his Negative voice And if such Ordinances and Bills as passe both Houses are not Lawes by your own Doctrine without the Kings Consent then muchlesse can the Order of the single House of Lords be Lawes or supersedeaes to the Lawes And besides when divers honest and well-affected Citizens it may be out of a sensible apprehension of the mischiefs that acrue to the Kingdom by having the Supream authority lodged in three distinct Estates which many times so falls out that when two Estates grant things essentially good for the wellfare of the Kingdom the third Estate opposeth it and will not passe it which many 〈…〉 occasions war and bloud-shed to the hazard of the being of the Kingdom for the preventing of which they framed a Petition to your House Entitling it To the Supream Authority of this Nation the Commons assembled in Parliament in which they intreat you to be careful of the mischief of Negative Voices in any whomsoever which said Petition your House upon the 20 of May 1647. Voted to be burnt at the Exchange and Westminster by the hands of the Common Hangman and lately as I am informed there was a Petition of Master John Mildmans presented to your House and it was rejected by them for no other cause but because it had the foresaid title and therfore you your selves having rejected to be stiled the Supream Authority of this Nation I can see no ground or reason how you can upon your own Principles grant a supersedeas to Master Wollaston to overule my action at law against him and so de facto exercise the Supream Authority which in words you would have the Kingdom beleeve you abhorre neither can I iâ— reason or Justice conceive that if now you should own your selves for the Supream Authority of the Nation and the single and absolute Law-Repealers and Law-Makers thereof how you can deprive me of the benefit of those just Laws viz. Magna Charta Petition of Right and the Act that abolished the Star-Chamber that you have not avowedly and particularly declared to be void null and vacated as never to be in use any more in England Again yet in your Protestation in your Vote and Covenant and in your League and Covenant swore to maintain the Laws and Liberties of the Kingdom with your estates and lives and make the Kings Person and Authority but subservient thereunto or dependant thereupon And you have been so zealous to make Votes to disfranchise all those that will not take your Covenant as unfit to bear any Office in the Common-wealth or to give a Vote to chuse an Officer and can it stand with your Justice and Honour to deny me the benefit of that viz the Law which you have been so zealous in forcing the People of England to swear to maintain or can you in Justice and Honor be angry with me for standing for that viz. the Laws and Liberties of England which you have ingaged incited and forced thousands and ten thousands of the people of England to loose their Lives and Blouds for which I amongst others have upon zealous and true principles as hazardously ventured my life for as any man in England O let such an abominable thing be farre from men of honour conscience and honesty and let the fearfull judgments that befell the Hungarians as it were from God from heaven for breaking violating and falling from their faith and Covenant made with Amurah the Second the Sixt Emperor of the Turkes Recorded in the Fourth Edition of the Turkes History sol 267. 269. 273. 277 deterr all Covenant Makers and Covenant takers from breach of their Oaths Covenants and Contracts the breaking of which is highly detested and abhorred of God as a thing that his soul loathe as he declares in Scripture as you may read Exo. 20. 7. Lev. 19. 11 12. Deut. 23. 21 22 23. Psal 15. 4. Eccels 5. 45. Ezek. 17. 13 14 15. 10. 17 18. 〈◊〉 5. 3 4 8. 16. 17. Yea I say let the fearfull judgements wrath and vengeance Recorded by Sir Walter Rawley in his excellent preface to his history of the World that befell Tyrants and Oppressors whoafter they had broke their Oaths Faith Promises and Lawes made with the People and then turned Tyrants deterr you from such practises but especially the fearfull judgments of God that befel the most execrable thirty Tyrants of Athens who after the people of that City had set them up for the Conservators of their Laws and Liberties and who did many things well til they had got power into their own hands which they had no sooner done but they turned it poin blank against the people and fell a murthering robbing spoyling and destroying the innocent people and raised a Guard of three or foure thousand men of their own Mercenary faction whose destruction was fatall by the steeled resolution and valour of seventy faithfull and brave Citizens as you may â—â—ad in Sir Walter Rawleys History Lib. 3. Ch. 9. sec 2 3. Yea the Tyranny of Duke d' Alva cost his Master the King of Spaine the revolt of the Hollanders to his unimaginable losse But to returne did not you and the Lords the other day pass Votes and Communicated them to the Common Councel of London to declare to them and the whole Kingdom you would continue the Government by King Lords and Commons and can it new stand with your Honour and
King which we fully understood they were absolutely resolved to do yea as they told us though they did Mutiall Law and also totally to â—oot up the Parliament and invite so many Members to come to them as would joyn with them to manage businesses till a new and equall Representative could by an Agreement be setled which the chiefest of them protested before God was the ultimate and chiefest of their 〈◊〉 and desires I say we press'd hard for security before they 〈…〉 these things in the least lest when they were done we should he solely left to their wills and swords by which we told them they might rule over us 〈…〉 Laws as a 〈◊〉 people and so deal with us as 〈◊〉 slavish peasants â—â— France and deale with who enjoy nothing that they in call their 〈…〉 All besides we plainly valid we would not trust their bare 〈…〉 rall onely for they had broke their promise once already both with 〈…〉 the Kingdom and he that would break once would make no conscience of breaking twice if it served for his ends and therefore they must come to some absolute particular compact with us or else some of us told him we would post away to London and stir up our Interest against them yea and spend our blouds to oppose them To which he replyed to this effect he was true in what we said for he must ingenuously confesse they had ones 〈◊〉 with us and the Kingdom and therefore acknowledged it was dangerous â—â—â—sting them upon Generals again Bursaith he we cannot slay so long from going to 〈◊〉 with the Army as to perfect an Agreement and without our speedy going we 〈◊〉 unavoydably destroyed For saith he we fully understand that the Treaty 〈…〉 the King and Parliament is almost concluded upon at the conclusion of which â—â— shall be commanded by King and Parliament to disband the which if we 〈…〉 unavoydably destroyed for what we have done already and if we do not 〈…〉 will by Act of Parliament proclaim us Traytors and declare in to be the onely 〈…〉 of setling peace in the Nation and then saith he we shall never be 〈…〉 with both the Interest of King and Parliament so that you will be destroyed it well as we sor we certainly understand that Major Generall Brown c. 〈…〉 hand preparing an Army against us And therefore I professe I confesse 〈◊〉 not well what to say to your Reasons they are so strong but our Necessities 〈…〉 that we must speedily go or perish and to go without giving you some content is â—â—â—â—â—able too Well Sir said we we have as much cause to distrust the Parliament 〈◊〉 as we have to distrust you for we know what and how many large 〈◊〉 they have made to the Kingdom and how little they have performdely 〈…〉 we also know what a temptation Honour Power and profit are even to this spirits that were pretty ingenuous and honest before and when you have done your work and got as you pretend forty or fifty of the honestest Members of the House to you alas said we it will be a mock Power yet they may finde such sweetnesse and delight in their pretended power that they may sly to your swords for their protection and bid us go shake our 〈…〉 our Agreement and go look it where we can catch it And therefore we will trust generals no more to your forty or fifty Members of Parliament then to you for it 's possible if we leave the Agreement to their 〈◊〉 they may frame us such a one as will do us no good but rather make 〈…〉 by our own consents if signed by us and therefore we presâ—'d him that we might agree upon a finall and absolute Judge of the matter and 〈…〉 the Agreement that so we might not spend months and yeers in dispute about it And therefore we would propound this unto him That if 〈◊〉 â—â—nest friends in the Parliament as they called them would-â—â—use 〈…〉 amongst themselves and the Army four from amongst themselves and â—â— Independents four from amongst themselves we that were 〈…〉 Lâ—vellers would chuse four from among ourselves and 〈…〉 draâ—â—p the Agreement finally without any more appeal to any 〈…〉 for our parts so far as all our Interest in England extended 〈…〉 willing to acquiesce in and submit to the determinations of them 16 or the major part of them And we would be willing the Presbyterian party should beâ—â—viâ—ed and desired to chuse four more to be of equall authority with the other sixteen Provided they did it by the first day we should appoint to meet upon Which Pâ—oposition he approved of extraordinary well and said It was â—â— just as rationall and as equitable as possibly could be and said He doubted not but all Interests would center in it and ingaged to acquaint them with it and so we parted very glad that we were likely to come to some fixed agreement for the future enjoyment of our dear bought and hard purchased Frâ—edoms And the next morning we went to the Gentlemen Independents that lay the next door to us who were almost ready to horse for London and we acquainted them with it who liked it very well and with whom we fixed a night for severall distinct meetings in London to chuse our retpective trustees for this work and also appointed a day to meet at Winsor again about it and from them we went to Master Holland who then was the chief stickler for those they called honest men in the House of Commons and as I remember we â—et Colonel Harison Master Holland and Captaine Smith a Member and his Son in Law in the Street and Master Holland seemed exceedingly to rejoyce at the Proposition Colonel Harison having told him of it before which we repeated over distinctly to him that so in conclusion we might not be gulled through pretence of mistakes or misunderstandings which we were continually aâ—â—aid we should meet with so we went all together to Commissary Generall Irâ—â—ons chamber to have his concurrence which of all sides was taken for the concurrence of the whole Army or at least for the powerfull and goveâ—ning part of it he being in a manner both their eyes and ears so when we came to his Chamber in the Castle he was in Bed with his Wife but sent us out word by Colonel Harison as he averred to us that he did absolutely and heâ—â—tily agree to the foresaid Proposition which to avoid mistakes was again repeated so we seemed joyfull men of all sides and apointed a day speedily to meet at Winsor about it Master Holland againe and againe engaging for four Parlsament men and Colonel Harison with Commissary Ireton for four of the Army as we Londoners had done for each of our tribe and so to horse we went and I overtook upon the road the whole gang of Independants with whom I discoursed again and acquainted them all fully with the absolutenes of our agreement which they acquainted their friends
ordinary way and meerly wants nothing if it do want but twelve Kings as his Peerâ— or Equals will nourish and increase in men that erroneous conceâ—â— That Magâ—â—â—rates by the Law of God Nature and Reason are not no nor ought not to be subject to the penal part of the Laws of men as well as the directive part of it which is the bane ruine and destruction of all the Common-wealths in the world I say the confideration of the things fore-mentioned put me off the thoughtâ— of going to Holland my self and then I put the query to my self What course I should being now a free man take for my livelihood for if I and my family lived upon the main stock which was not very much now that I had paid almost all my debts that would soon waste and be gone and to take a place for my future livelihood as I have been offered often and that â—â— considerable one that I could not do for these reasons First because I was not satisfied in the present power or Authority to act under them and so if I should I should be a supporter of so unjâ—st and illegal a fabrick as I judged an everlasting Parliament pâ—rged twice by force of Arms by the hands of their meer mercenary servants to be who were principally raised bired and paid to kil those they esteemed and judged Bears Wolves 〈◊〉 and Pâ—â—kass that took up Arms against the true chast and legally coâ—â—â—â—tuâ—ed Representative of the Nation being not in the least birâ—â— or raised to be the Masters of their Masters or the Lawgivers to the legal Law â—â—kers of the Nation in case of necessity And that an everlasting Parliamnet is dostructive to the very life and soul of the Liberties of this Nation I 〈◊〉 prove first by Law and secondly by Reason And first by Law The Law Books do shew That a Parliament which in its own institution is excellent good physick but never was intended noâ— safely can be used for diet because it is so unlimited and arbitrary was called and held somtimes twice a yeer before the Conquest as is declared by Lambert in his Collection of Laws before the Conquest amongst the Laws of Edgar chap. â— and by Sir Edward Cook in his margent in the ninth page of his par 4. Instâ—â— in the Chaâ—t of High Court of Parliament which with other of the Liberties of England being by force of arms subdued by the Bastard Norman Conquetor although he three severall times took his oath after his being owned for King to maintain their Laws and Liberties as being not able nor judging his Conquest so good just and secure a Plea to hold his new got Crown by as an after mutuall compact with the people or their Representatives over whom he was to rule and therefore as Coâ—k in the foresaid Chapt. pag. 12. declares a Parliament oâ— a kinde of one was held in his time See also 21 Edw. 3 fol 60. and 1 part Institut lib. 2. chap. 10. Sect. 164. fol. 110. a. and came to be more frequently used in his Successors time yea even to be 〈◊〉 in two years in Edward the First or Second's time at which notwithstanding the people grumbled as being an abridgment of their ancient and undoubted Libertie to meet more frequently in their National and publick assemblies to treat and conclude of things for their weal and better being the want of which of ancient time lost this Island to the Romans as Coâ—k declares 4 part 〈◊〉 fol. 9. out of Taâ—itus in the Life of Agricola pag. 306. whereupon it was â—nacted in full Parliament in Edw. the Thirds time That the King who is their Officer of trust should assemble and call them together once every yeer or more often if need require as appears by the Statute of 4 Edw. 3. 14. But because this was not constantly used by that King but there sometimes was intervals of three or four yeers betwixt Parliament and Parliament which was a diminution of the soul and life of all their Liberties viz frequent and often 〈◊〉 Parliaments therefore in the 36 yeer of his Reign annuall Parliaments are provided for again and also the causes of their assembling declared in these very words Item For maintenance of the said Articles and Statutes and redresse of divers mischiefs and grievances which daily happen a Parliament shall be holden every yeer as another time was ordained by a Statute of 4. Edw. 3. chap. 14. But King Charles exceedingly breaking his trust in the frequent calling of Parliaments and dissolving them at his pleasure when they came to treat of any thing that he liked not and so made them uselesse to the Nation both which was against his trust as you notably declare in your Declaration of Novemb. 2. 1642. 1 part Book Decl. pag. 701 702. And of which you most bitterly complain in your first Remonstrance 1 part Book Decl. pag. 5. 6. 11. and in pag. 10. 11 ibidem you declare That his destroying of these two grand Frâ—â—dâ—ms of the People viz. Frequent successive Parliaments and free Dâ—â—aâ—es therein bad corrupted and distempered the whole frame and Government of the Kingâ—â—â— and brought in nothing but wayes of destruction and Tyranny For the preventing of which for the future you got an Act to passe in the sâ—xteâ—â—th yeer of the late King and the first yeer of this long-winded Parliament to 〈…〉 of the two forementioned Acts for an annuall Parliament And further there say thus And whereas it is by experience found that the not holding of Parliaments according to the two forementioned Acts hath produced sundry and great mischiefs and inconveniences to the Kings Majesty the Church and Common-wealth For the prevention of the like mischiefs and inconveniences in time to come Be it enacted by the Kings most excellent Majesty with the consent of the Lords Spirituall and Temporall and the Commons in this present Parliament assembled That the said LAST FOREMENTIONED Laws and Statutes be from henceforth duely kept and observed And you there go on and enact that in case the King perform not this part of his trust in calling annuall Parliaments that then a Trienniall one shall be CALLED BY THE LORD KEEPER c. whether the King will or no. And there being no provision in this Act but that the King might break up this Parliament at his pleasure as before he used to do and so dis-inable you to discharge your trust and duty to the people in providing fit remedies for those many grievances then extraordinarily spread over the whole Nation that the long intermission of Parliaments had occasioned you therefore presse the King to grant an Act that the two Houses might not be dissolved but by your own consents which the King condescended unto the rather because the Scotch Army was then in the Kingdom which he longed to be rid of and which you pretended you could not pay without such an Act these being the true declared and intended
causes of it both in King and Parliament There being not one word in the Act that authoriseth the two Houses to be a constant and perpetuall Parliament which was never so much as intended nor pretended and which if in the Act it had been absolutely declared it had been a void and a null Act in it self as being both against the nature of the Kings trust and Yours which as in your Book of Decl. part 1. pag. 150. you declare is to provide for the peoples weal but not for their woe for their better being but not for their worse being For your Interest and the Kings both being Interests of Trust as your Declarations do plentifully and plainly declare 1 part Book Decl. pag. 206. 266. 267. 382. but especially your present Junto's late Declaration against the late beheaded King and Kingly Government of the 17 of March 1648. pag. 2. 11 13. 15. 16. compared with 24. 25. 27. And all Interests of trust whatsoever are for the use of others and cannot nor ought not to be imployed to their own particular nor to any other use saving that onely for which they are intended according to the condition and true intent thereof 1 part Book Dec. pag. 266. 267. 700. And your trust is onely for the good of the Nation which is the principall or onely end of all Government in the Nation as you confesse in your foresaid Declaration of March 17 pag. 6. and in 2 part Book Decl. pag. 95. 879. And therefore if you had put the King upon such an Act as the establishing of a perpetuall Parliament you had thereby destroyed frequent successive and annually chosen Parliaments for which you had been Tâ—aytors in the highest nature to your trust in destroying the very PILLARS LIFE MARROW and SOUL OF ALL THE PEOPLES LIBERTIES for the presentation of which they chose you and which would shortly bring in as is too evident â—â— this day greater disorders confusions and tyrannies then ever were in all the Kings Reign before and so wholly and fully make your selves guilty of that which he was but in part viz. the establishing of a perfect Tyranny by Law an everlasting Parliament being ten thousand times worse then no Parliament at all for no such slavery under the cope of heaven as that which is brought upon the people by pretence of Law and their own volâ—â—tary 〈◊〉 and no greater Treason can there be in the world committed then for â—â— iâ—teressed Power to keep their Commission longer then by the letter equitie or intention of their Commissions their Masters really intended they should especially when it is kept by force of Arms to the Masters hurt and the danger of his total destruction for the meer advancement of their servants and their Associates all which is the case of your pretended Parliament whereof you are now Speaker and that you were never intended to sit so long as you have done nor to be everlasting I shall here recite the Act it self â—â—â—batim the onely and alone pretence of a Commission you have and then take it in pieces by paraphrasing upon it The Act it self thus followeth Anno XVII CAROLI Regis An ACT to prevent inconveniences which may happen by the untimely Adjourning Proroguing or Dissolving of this present PARLIAMENT WHereas great Summs of money must of necessity be speedily advanced and provided for the relief of his Majestie 's Army and people in the Northern parts of this Realm and for the preventing the imminent danger this Kingdom is in and for supply of other his Majesties present and urgent occasions which cannot be so timely effected as is requisite without credit for raising the said moneys which credit cannot be obtained until such obstacles be first removed as are occasioned by fears jealousies and apprehensions of divers of his Majesties loyall Subjects that this present Parliament may be adjourned prorogued or dissolved BEFORE JUSTICE SHALL BE DULY EXECUTED UPON DELINQUENTS publick Grievances redressed a firm Peace betwixt the two Nations of England and Scotland concluded and before sufficient provision be made for the repayment of the said moneys so to be raised All which the Coâ—â—â—â—â— in this present Parliament assembled having duly considered do therefore humbly beseech your most excellent Majesty that it may be declared and enacted And be it declared and enacted by the King our Soveraigâ— Lord with the assent of the Lords and Commons in this present Parliament assembled and by the Authority of the same That this present Parliament now assembled shall not be dissolved unlesse it be by Act of Parliament to be passed for that purpose nor shall be at any time or times during the continuance thereof prâ—rogued or adjourned unlesse it be by Act of Parliament to be likewise passed for that purpose And that the House of Peers shall not at any time or times during this present Parliament be adjourned unlesse it be by themselves or by their own Order And in like manner That the House of Commons shall not at any time or times during this present Parliament be adjourned unlesse it be by themselves or by their own Order and that all and every thing or things whatsoever done or to be done for the adjournment proroguing or dissolving of this present Parliament contrary to this present Act shall be utterly void and of none effect The true intent and meaning of this Act in the Framers Makers and Contrivers of it was meerly to secure their sitting for some reasonable time that so they might be able to apply fit plasters to the great sores of the Nation and not be broken up suddenly before they had applyed them to the soâ—es and laid them on and their fear was the King would as he used to do dissolve them suddenly security from which was their onely end in procuring this Act and not in the least to make this a perpeâ—uall Parliament which I demonstrate thus First A perpetual Parliament is repugnâ—nt to the Act made this Parliament for a Triennial Parliament which in your Declarations is so highly extolled after the making of both the Acts for how can every three yeers a Parliament be begun if this be perpetuall which by the Act may be so if the two Houses please But in all the Act there is not one word of the anâ—iâ—ilating or repealing of the Act for a Tâ—iennâ—all Parliament which if it had been intended it would have mentioned and not left such a businesse of consequence in any doubtfulnesse whatsoever and the not mentioning of it is a cleer declaration to all the Readers of it That their designe solely in the last Act was onely to secure themselves from the Kings sudden and quick dissolving them at his wil and pleasure And therefore Secondly In Law according to the constitution of ouâ— Parliaments an Adjournment of the Parliament makes no Session howbeit before the Adjournment the King gives his affent to some Biâ—s as is plain out of Cookâ— 4 Instit chap. High Court
of Parliament fol. 27. authorised to be printed by thâ— late Parliament in its purest purity for good Law Thirdly In Law there is no Session in a prâ—â—â—gation or 〈…〉 the Parliament they are the words of Cook himself fol. 27. ibid. Fourthly This Parliament as appears by the Act for not dissolving 〈◊〉 of before mentioned cannot be prorogued by the King but by Act of Parliament but there hath been as yet no Act of Parliament in that behalf and therefore all the Acts of this Parliament are in law Acts of one Session 〈◊〉 pears by Ploâ—d Com. 33. H. 8. B â— relation 3◠〈◊〉 Parl. â—6 Diâ—â— 1. 〈◊〉 8â— Fifthly In Law all Acts of one Session relate to the first day of the Parliament and all the Acts of such a Parliament are Act of one day so the 〈◊〉 for the Triennial and the Act for this perpetual Parliament are two Acts of one day by the Law Sixthly the 4 Edw. 3. chap. 14. 36. Edw 3. chap. 10. forementioned 〈◊〉 claâ—es that a Parliament ought to be holden once every year and moâ—◠〈◊〉 need be those very Acts are every clause of them confirmed this Parliament which also provides that in case the King break those Laws and do not annually call Parliaments as is before declared that then the Lord Keeper whether he will or no shall call a triennial one Now I would fain know of any â—â—â—ional man How an everlasting Parliament doth agree with a Parliament 〈◊〉 yeer oâ— oftner if need require or with the intention of those Laws And 〈◊〉 doth a Parliament every three years provided for as sure as its possible for Law to provide in case the King annually should not cal one agree with a Parliament for ever which may be by the letter of the perpetual Act 〈◊〉 the two Houses please The conclusion of all is this that at one day in law the late Parliament passed two Acts for howbeit the one was in the 16 of the King and the other in the 17 year of the King yet both in law are Acts of one 〈◊〉 the one saith the King shall call a Parliament once a year after the sitting of this Parliament and in case he doth not the Lord Keeper c. shall 〈◊〉 Parliament three years after the sitting of this Parliament The other 〈◊〉 in the letter or litterall construction of it saith this Parliament shall 〈…〉 ever if the two Houses please The one will have a Parliament with an 〈◊〉 the other a Parliament without an end Now the question is which of these two was the true intent and meaning of the Makers of this Act for as Lâ—â—â—ned Cook rationally and well observes in his excellent exposition of the 1 Eliâ— chap. 1. 4. part Institut fol 328. which Act established the power of the High-Commission that by colour of this Statute did many 〈…〉 illegall things such an interpretation of ambiguous and doubtfull things is 〈…〉 be made that absurdities and inconventences may be avoyded but the highest â—â—â—â—dities and inconveniences in the world would follow if this last Sâ—arâ—â—◠〈◊〉 be taken according to the literall construction of it and not according to the equity and true intent and meaning of the makers of it which was not to 〈◊〉 this everlasting if they pleased and so totally to destroy annuall Parliament or in the Kings default of calling them then trienniall Parliaments whether he would or no but only to secure them from the Kings sudden breâ—â—â—â— them up at his pleasure that so they might sit some reasonable short 〈…〉 dispatch the great business of the Nation and that reasonable time 〈◊〉 by any words or the true meaning of any in either of the Statutes 〈…〉 〈◊〉 to be above 〈◊〉 at most especially from the 〈◊〉 of the 〈…〉 in the right and true meaning notwithstanding the last Act were yâ—◠〈◊〉 in force to binde the King to call Annuall Parliaments but two Parliaments by Law cannot sit together but without two Parliaments should sit together viz. An everlasting one and an anâ—â—â—ll one which is our right by Law 〈…〉 enjoy the benefit of those good and excellent Laws for Annuall Parliaments or oftner if need require And therefore to take the utmost extent of the length of that time the two Houses were enabled to sit by vertue of the force and power of the last Act it could not be above a year at most from the day of the date of it and yet they have sate almost eight since by vertue and colour of that alone and of nothing else in law having no other visible Commission under the Sun to authorise them to destroy our undoubted naturall and legal Rights of having often and frequent successive Parliaments totally new which they have done by their long and unwarrantable sitting principally to enrich the most of themselves and enslave our spirits And that an everlasting Parliament was never intended by that Act I think their own words printed in December 1641. which was immediately after the passing that Act will easily decide the controversie And in their or your first Remonstrance of the state of the Kingdom after excusing of your selves from any invasion of the rights of the Crowne 1 Part. Book Declar. pag. 1â— 17. there is these very expression viz. The trienniall Parliament for the matter of it doth not extend to so much as by law we ought to have required there being two Statutes still in force for a Parliament to be once a year And for the manner of it viz. THE TRYENNIALL PARLIAMENT it is in the Kings power that it shall never take effect 〈…〉 by a timely summons shall prevent any other way of assembling In the 〈◊〉 for continuance of this present Parliament there seems to be 〈…〉 of reall power in dissolving of Parliaments not to take it out of the Crown but to suspend the execution of it for THIS TIME AND OCCASION ONLY which was not necessary for the Kings own security and the publique peace that 〈◊〉 it we could not have undertaken any of these great charges two must have left both the Armies to disorder and confusion and the whole Kingdom to 〈◊〉 and â—apine Which words are a 〈◊〉 and 〈…〉 That the 〈◊〉 of the makers of the foreâ—â—id Act was never to make this a perpetuall Parliament but onely for 〈…〉 the King 's sudden breaking them up when he pleased whose 〈…〉 from by this Act which thing onely is and was the clear meaning of the makers of it And that the generall words of a Law or the literal sense of 〈…〉 â—â—ld forth absurdities and inconveniences and visible mischiefs aâ—◠〈◊〉 by interpreted and controuled by the intent of them that made it is clear from their own Oracle Sir Edw. Cook who in his exposition of the 〈…〉 of 1 Eliz. chapt 1. in his 4 part 〈…〉 Nâ—w that divers and many other Acts of Parliament BESIDES THIS OF ELIZ. which are generall in words have upon consideration of the mischief and
and the â— part Cooks Reports in Dr. Boâ—hams case See the Army Book Declarat pag. 35. â—9 61. 63. 143. First therefore let us begin with Common Right and we shall easily see this perpetuall Act is against that For it is against common Right that indebted men as most if not all Parliament men arâ— should not pay their debts Or that if any Member of â—â—â—liament do any of the People of England wâ—ong as daily they do by unjust and 〈◊〉 râ—â—â—ble 〈◊〉 of him oâ— them of hiâ— laâ—d or dispâ—ssessing him of his goods 〈…〉 of his fame or doing violence to his person by beating wounding or imprisoning c. that 〈◊〉 sons during their lives by a priviledge of Parliament that was intentionally 〈◊〉 and just in its institution when Parliaments were often and short should be 〈◊〉 and sâ—â—â—red from all manner of question at the Law by any parties so wronged by them is absolutely against common Right Nay and more That this should extend 〈◊〉 â—â—ltitudes of persons besides that are their servants or attendants and also that any oâ— all of these shall have the benefit of the Law in any Court of Justice in England at their pleasure against any man whom they shall pretend wrongs them are such transâ—â—deâ—â— and grievous enormities that common Right abhors and yet this with a thousand 〈◊〉 as much more as bad as these are the fruits of a perpetuall Parliament if they please which tends to the utter destruction of all mens Actions reall personall or mixt who have â—o do with Parliament men as appears expresly by the Statute of Limitations of the aâ— of James chap. 16. which strictly confines all manner of Suits to be commenced within 〈…〉 after the occasion given Secondly For common Reason Parliaments were ordained and instituted as is before truly and legally declared for remedies to redresse publick and capitall grievâ—â—ces thâ—◠〈◊〉 where else could be redressed but it is against reason and the very end of the Institution of Parliament that Parliaments should make and create multitudes of publike and insufferable grievances The law of the Land allowes no protection for any maâ— iâ—ployed in the service of the Kingdom but for a yeer at most as to be free from Suiâ—s and in many Suits none at all howbeit he be in such services But a perpetuall 〈◊〉 may prove a protection in all manner of wickednesse and misdeaâ—â—eanours 〈◊〉 against other men not of the Parliament amongst any of whom they may piâ—k and chuse whom they please to ruinate and destroy and that noâ— for a yeer but for ever which is against all manner of Reason or the shadow or likenesse of it And therefore a◠〈◊〉 Sir Henry Vane said against Episcopal Government in the beginning of his larg◠〈◊〉 of the 11 of June 1641 now in print at a Committee for passing the Bill against â—â—â—â—pall Government so say I of an everlasting or of any Parliament that shall do 〈◊〉 you have done in largely sitting beyond the time of your Commission c. That 〈…〉 thing is destructive to the very end for which it should be and was constituted to be 〈…〉 onely so but does the quite contrary as your House in every particular doth cerâ—aiâ—ly we have cause sufficient enough to lay it aside and not onely as uselesse in that it 〈…〉 its end But is dangerous in that it destroyes and contradicts its end Thirdly For Impâ—ssibilitie The death of thâ— King in law undisputably dissolves the Parliament spoken of in the foresaid act which is pretended to be perpetuâ—ll for 〈◊〉 Writ of Summons that is directed to the Sheriffs by vertue of which Parliâ—â—â—â—◠〈◊〉 are chosen runs in these words King Charles being to have conference and 〈…〉 c upon such a day about or concerning as the words of the Tâ—ieâ—â—â—ial Act hath it the high and urgent affairs concerning his Majestie and he writes US the State and the 〈◊〉 of the Kingdom and Church of England But I would fain know how it's possiblâ— for a Parliament to confer or treat with King CHARLES now he is dead it 's impossible Seâ— 2 H. 5. Cook in Parl. 3. part And therefore the whole current of the Law of England yea Reason it self from the beginning to the end is expresly That the Kings death doth ipso facto dissolve this Parliament though it had been all the time before 〈◊〉 so intire and unquestionable to that very hour and it must needs be so he being in Law yea and by the authority of this very Parliament stâ—led the head the begiâ—â—ing and end of Parliâ—ments See Coâ—ks 4 part Institutes fol. 1. 3. Mr. Pyâ—â—'s for 〈…〉 Straâ—â—ord pag. 8. S. John's forementioned argument against Strafford pag. 42. And therefore as a Parliament in lâ—w 〈◊〉 begin without the 〈…〉 in it 〈◊〉 person 〈◊〉 representatives Cook ibid. so 6. so it is posâ—â—ively 〈◊〉 by his 〈◊〉 〈◊〉 thereby not only the true declared but intended end of their assembling which 〈◊〉 〈◊〉 〈◊〉 and confer with King CHARLES is ceased and thereby a final â—nd is put 〈◊〉 the means that are appointed to attain unto that end And therefore it is as 〈◊〉 for this Parliament or any Parliament to continue as long as they please aâ— for a Parliament to make King Charles alive again Fourthly For Repugnancy That which is but for a time cannot be affirmed to have continuance for ever it is repugnant but this Parliament in the intention of the makers of the Act was to be but for a time not above a yeer at most after the dâ—â—e of the Act as is before proved and declared from their own words And therefore it cannot be reputed perpetual for there is a repugnancy betwixt them Again The King's Writ that summoned this Parliament is the Basis in law anâ— Foundation of this Parliament If the Foundation be destroyed the Parliament falls But the Foundation of it in every circumstance thereof is destroyed And therefore the thing built upon that Foundation must needs fall It is both a Maximâ— in Law and Reason But if it be objected The Law of Necessity requires the continuance of the Parliament against the letter of the Law I answer First It s necessrry to consider whether the men that would have it continue as long as they please be not those that have created the necessities on purpose that by the colour thereof they may make themselves great and potent and if so then that Objection hath no weight nor by any rules of Justice can they be allowed to gain this advantage by their own fault as to make that a ground of their justification which is a great part of their offence And that it is true in it self is so obviouâ— to every unbiased knowing eye it needs no illustration but if it shall be denyed by any of their pens if God please to give further opportunity I shall prove it to the full Secondly I answer There can no necessity be pretended that can be
shall mâ—ch rather wish That the Authority of this Kingdom in Parliament rightly constituted that is freely equally and successively chosen according to its orteinall intention may ever stâ—nd and â—ave its â—ourse And therâ—fore we shall apply our selves chiefly to such things â—â— by having Parliaments setled in such a right constitution nay give most hopeâ— of Justice and Rightâ—ousnesse to flow down equally to all in that its Ancient châ—â—nell without any overtures tending either to OVERTHROW that â—â—undation of Order and Government in this Kingdom or TO INGROSS THAT POWER FOR PERPETUITY INTO THE HANDS OF ANY PARTICULAR PERSONS OR PARTY WHATSOEVER And for that purpose though as we have found it doubted by many men minding sincerely the publique good but not weighing so fully the consequences of things it may and is not unlike to prove that the ending of this Parliament and the election of a New the constitution of succeeding Parliaments as to the persons Elected may prove for the worse many weyes yeâ— since neither in the present purging of this Parliament nor in the Election of a New we can promise to our selves or the Kingdom and asurance of Justice or other positive good from the bands of men but those who for present appear most righteous and most for common good having an unlimited power fixed in them duâ—ing life or pleasure in time may become corrupt or settle into parties or factions or on the otherside in case â—f new Elections those that should succeed may prove as bad or worse then the former We therefore humbly coâ—ceive that of two inconveniences the lesse being to be chosen the main thing to be intended in this case and beyond whiâ—h humane providence cannot reach as to any assurance of positive good seem to be this viz to provide that however unjust or corrupt the persons of Parliament men in present or future may prove or whatever ill they may doe to particular parties or to the whole in particular â—â—ngs during their respective termes or periods yet they shall not have the temptation of an â—â—â—imited power fixt in them during theâ—r owne pleasures whereby to perpetuate injustice or oppression upon any without end or remedy or to advance and uphold any one particular party faction or interest whatsoever to the oppression or prejudice of the Community and the enslaving of the Kingdom unto all posterity but that tâ—e people may have an equall hope or possibility if they have made an â—ll choice at one time to mend it in another and the Members of the House themselves may be in a capacity to taste subjection as well as rule and may be so inclined to consider of other mens cases as what may come to be their own Thus we speake in relation to the House of Commons as being intrusted on the Peoples behalfe for their interest in that great and supreme power of the Common wealth viz. the Legislative power with the power of finall Judgement which being in its own nature so arbitrary and in a manner unlimited unlesse in point of 〈◊〉 is most unâ—it and dangerous as â—o the peoples interest to be 〈◊〉 in the 〈…〉 the saâ—e men during life or their own pleasures Neither by the originall 〈◊〉 of this State was it of ought to continue so nor does it wherever it is 〈◊〉 continues soe render that staâ—e any better then a meeâ— tyranny or the people subjected to it any better then vassals But in all States where there is any fâ—â—â— of common freedom and particâ—larly in this State of England as it is most evidâ—â—◠〈…〉 many positive laws and ancient constant custome the people have a right to 〈…〉 successive Elections unto that great and supream trust at certain 〈…〉 time which is so essentiall and fundamentall to their freedom as it is â—â—not or not to be denied them or witheld from them and without which the House of Commons is of very little concernment to the interest of the Commons of England Yet in this we could not be understood in the least to blame 〈◊〉 worthies of both Houses whose zeale to vindicate the Liberties of this Nation did 〈◊〉 that Act for the continuance of this Parliament wherby it was secured from 〈◊〉 dissolved at the Kings pleasure as former Parliaments had been or reduced to 〈◊〉 a certainâ—y as might enable them the better to assert and vindicate the Liberties of this Nation immediately before so highly invaded and then also so 〈◊〉 â—â—dangered and those we take to be the principâ—ll ends and grounds for which 〈…〉 exigency of time and affairs it was procured and to which we acknowledge it hath happily been made use of but we cannot thinke it was by those Worthies intended or ought to be made use of to the perpetuating of thâ—â—â—â—pream trust and power into the persons of any during their owne 〈◊〉 or deb arring of the people from their right of elections totally new But it here it should be objected although the King be dead yet the Parliament 〈◊〉 altered the Government into a Common-wealth and so may if they please chaâ—â—e the Constitution of Parliaments To which I answer Fiâ—st that those company of men at Westminster that gâ—â—e Commission to the High Court of Justice to try and behead the King c. were â—o more a Parliament by Law nor a Representative of the people by the rules of Justice and Reason then such a company of men are a Parliament or Representative of the People that a company of armed Theeves chuse and set apart to try judge 〈◊〉 hang oâ— behead any man that they please or can prevail over by the power of their swords to bring before them by force of arms to have their lives taken away by preâ—â—â—ce of Justice grounded upon rules meerly flowing from their wils and swords for I would fain know any Law in England that authoriseth a company of Servants to punish oâ— correct their Masters or to give a Law unto them or to throw them at their pleasure out of their power and set themselves down in it which is the Armies case wiâ—â—â—â—e Parliament especially at THO. PRIDES late Purge which I call and will 〈◊〉 to be an absâ—lute dissolution of the very essence and being of the House of 〈◊〉 and I would fain see any Law or Reason in Writing or Print to justifie thâ—â— a 〈◊〉 upon my other aâ—â—â—unt then in hindering them from raising a new Warr and froâ— destroying he peoples Liberties by their eternall sitting seeing they keep their power â—â—â—ger by faâ— then their Masters or impowers the people intended they should and also employ it to their mischief by hindering them I mean those that had not acted agaiâ—â—â— the Liberties of the Parliament entering into a mutuall engagement to appoint 〈◊〉 whereby to chuse seeing they cannot all meet in one place themselves and iâ—power new Trustees Commissioners or Representoâ—s to make equall and just Lawes to biâ—â— all and provide for their future well-being there being
The Legall Fundamentall LIBERTIES OF THE PEOPLE of ENGLAND Revived Asserted and Vindicated OR An EPISTLE written the eighth day of June 1649 by Lieut. Colonel JOHN LILBVRN Arbitrary and Aristocratical prisoner in the Tower of London to Mr. William Lenthall Speaker to the remainder of those few Knights Citizens and Burgesses that Col. Thomas Pride at his late purge thought convenient to leave sitting at Westminster as most fit for his and his Masters designes to serve their ambitious and tyrannical ends to destroy the good old Laws Liberties and Customs of England the badges of our freedom as the Declaration against the King of the 7 of March 1648 pag. 23. calls them and by force of arms to rob the people of their lives estates and properties and subject them to perfect vassalage and slavery as he cleerly evinceth in his present Case c. they have done who and in truth no otherwise pretendedly stile themselves the Conservators of the peace of England or the Parliament of England intrusted and authorised by the consent of all the people thereof whose Representatives by election in their Declaration last mentioned pag. 27. they say they are although they are never able to produce one bit of a Law or any piece of a Commission to prove that all the people of England or one quarter tenth hundred or thousand part of them authorised Thomas Pride with his Regiment of Souldiers to chuse them a Parliament as indeed he hath de facto done by this pretended mock-Parliament And therefore it cannot properly be called the Nations or Peoples Parliament but Col. Pride's and his associates whose really it is who although they have beheaded the King for a Tyrant yet walk in his oppressingest steps if not worse and higher JOHN 7. 51. Doth our Law judge any men before it hear him and know what he doth ACTS 24. 23. And he commanded a Centurion to keep Paul and to let him have liberty and that he should forbid none of his acquaintance to minister or come unto him although in ver 5. he was accused for a most pestilent fellow and a mover of sedition throughout all the world ACTS 25. 27. For it seemeth to me unreasonable saith the heathen Judge to send a prisoner and not withall to signifie the crimes laid against him ACTS 28. 30. And Paul IN HIS IMPRISONMENT AT ROME UNDER THE HEATHEN PERSECUTORS dwelt two whole years in his own hired house and received all that came in unto him LONDON Printed in the grand yeer of hypocriticall and abominable dissimulation 1649. SIR FOr distinctionâ— sake I will 〈◊〉 stile you Mr. SPEAKER although it be but to Col. Pride's 〈…〉 Parliament sitting at Westminster not the Nation 's for they never gave him Authority to issue out Writs elect or constitute a Parliament for them and you being their mouth I could not think of any man to whom I could better direct my Lines at 〈…〉 in my grâ—â—t Oppressions by You and your Lord and Master CROMVVEL then your self And therefore cannot now chuse but put you in minde That the 4th April 1648. when I was like unjustly to be destroyed by Mr. Oliver Cromwell in my late unjust and tyrannicall Imprisonment in the Tower I writ you a large Epistle and stiled it in print The prisoners Plea for a Habeas corpus in the 9 10 11 12 13 pages of which I positively accuse Mr. Oliver Cromwell for a wilfull murderer and desire you there to acquaint your House therewith who then had some little face of a Parliament stamp upon it and That I would engage upon my life to prove him to be so by Law You your selves in your Declaration of the 4th March 1647. in answer to the Scotch-Commissioners Papers Declare p. 5. 16. that the subduing the enemies forces in the Nation which then were as you there say wholly subdued suppressed though the Parliament keep up an Army in a time of peace when all the ordinary Courts of Justice were open where only and alone all Law and Justice ought to be dispensed to all Englishmen in all cases whatsoever yea even to Soldiers as well as others as in the aforesaid pages and in Mr. Overtons and My printed Epistle to the Generall in Mr. Lockiers behalf of the 27 April 1649. is by Law undeniably proved which Epistle you may read at the last end of the second Edition of my Picturâ— of the 〈◊〉 to of State And yet about or upon the 15 Nov. 1647. your Wâ—re in Hertford-shire He 〈◊〉 wilfully and ofâ—et-malice murdered Rich. Arnell a freeborn Englishman and so shed the bloud of War in the time of Peace which was Joabs case in reference to Abner and Amasa 2 Sam. 3. 27. and 20. 10. of whom when David delivered his charge to his son Salomon he saith thus Moreover thou knewest also what Joab the son of Zervich did to me and what he did to the two Captains of the best of Israel 〈◊〉 Abner the son of Ner and unto Amasa the son of Jother whom he slew and shed the blood of war in peace and put the blood of war upon his girdle that was about his loins and in his shoâ—s that were on his feet Doe therefore saith he recording to thy wisdom and he not his boâ—ry head get down to the grave in peace 1 Kings 2. 5 6. which charge he accordingly performed and so delivered himself and his Fathers house from the guilt of innocent blood ver 29 30 31 32 33. And you may also remember that upon the 19 of Jan. 1647 at your Barr I openly delivered a formal charge or impeachment of high Treason according to your own Ordinances against the foresaid Mr. Oliver Cromwell and his subtil machevilian son-in-Law Mr. Henry Iveton for their notorious doing that in reference to the King for but the petty acting of which in comparison to theirs they impeached Mr. Denzill Hollis Sir Philip Stapleton c. of high Treason as appeareth in their own Book of Declarations pag. 81 82. Article 2 3. and forcibly expunged them your House as Traytors therefore And in the foresaid pages of my plea for a Habeas Corpâ—â—â— I truly acquaint you with the plot and design Master Cromwell laid to take away my life for but a little opposition to the King whose professed and avowed 〈◊〉 he and his The PLEA it self thus followeth May it please this Honourable Committee I Was commanded by you upon Tuesday the 13 day of this present June 1648 to bring in an Answer this day to the Petition and complaint of Henry Wollastone Kepeer of the prison of Newgate in which Petition he complains that I have brought an action at the common Law against him for detaining me in safe custody according to his duty by vertue of a Warrant from the House of Lords and therefore prayes indemnity for his acting therein in obedience to the Authority of Parliament and his trebble damages and that at common Law there may be no further
proceedings in the said Action And being demanded by the then Chairman of this Committee whether I had caused such an Action to be commenced yea or no I positively declared I had and that I had very good ground in Law so to do considering that the Law of England which is my Birth-right and Inheritance requires That I shall not be deprived of my Liberty but by due processe of Law according to the Laws of the Land and that if any shall detain my body in prison without legall Authority he is liable in Law to make me satisfaction therefore but Mr. Wollastone had kept me in prison divers weeks by vertue of a pretended Warrant of the single House of Lords who in Law I will maintain it have not the least power in the World to commit my body to prison yet they did upon the tenth day of June 1646 laying no crime to my charge command me to be kept for all my short eternity in this world for the Warrant is during their pleasures and then by another illegall Warrant within fourteen dayes after dated the 23 of June 1646 they for no cause in the world commit me close prisoner and command that I be not permitted to have pen ink nor paper and that none shall have acceffe unto me in any kinde but onely my Keeper untill the Lords otherwise please Which most illegall Warrant Mr. Wollastone executed upon me with a great deal of severitie and barbarism not permitting my Wife to come into the prison yard to speak with me at a distance out of my grates nor suffering me to receive either meat drink or money or any other necessaries from the hands of my Wife servant or friends nor suffering me to see their faces when they sent me in my diet All which usages are against the Laws and Statutes of this Kingdom and therefore I have cause and ground enough in Law to seek for my remedy in Law against the said Mr. Wollastone and I hope the Members of this Committee have taken too many Oaths to maintain the fundamentall Laws of the Land and the Liberties of the People then now to go about to deprive me of the benefit of them It is true you sit here by verue of an Ordinance of both Houses to indemnifie all those that have acted or done or commanded to be acted ordone any thing by sea or land by the Authority or for the service or benefit of this present Parliament But under the favour of this Committee I do conceive That the said Ordinance which is your Commission doth not in the least authorise you to meddle with my present case forasmuch as I do not prosecute Mr. Wollastone for actions done by the Command and Authority of Parliament but for actions done directly against their Authority publickly declared in the Laws of the Kingdom and their own Declarations and I hope this Committee will not so much undervalue their own House as to adjudge the House of Lords singly to be the Parliament of England nor their single Order to be the Parliaments Authority of England and if not then I cleerly conceive that upon your own principles you have nothing to do with my business before you neither can I conceive that you can in the least judge Mr. Wollaston's illegal and barbarous actions done upon me to be for the service and benefit of the Parliament but rather the quite contrary by rendering them odious and adominable in the eyes of the people if they shall 〈◊〉 such tyrannicall doings after they have taken so many Oathes 〈…〉 the Laws and Liberties of the Kingdom and caused so much English bloud to be shed pretendedly therefore Whereupon after a little debate amongst the members of this Committee by themselves my L. Munson the Chairman thereof was pleased to tell me then the business was weighty and did concern the Priviledges of the Lords Houses and therefore they judged it convenient to put it off till this day and to acquaint the Lords with it that so if they pleased some of them might here be present and you also ordered me to fit my self with a formall Answer to the Petition which accordingly I have done and with the favour of this Committee giving me free leave to speak I am ready to deliver unto you and do deliver it unto you thus My Lord I read in the Statutes of 4. Edw. 3. ch 4. and 36. Edw. 3 ch 10. and in the tyrannical Act made this Parliament 16 C. R. and in the 4 part Cooks Instit fol. 9 11. 37. 38. 39. 41. 42. and 1 part Book Decl. pag. 701 702. that Parliaments are principally called for the maintenance of the Laws and for the redresse of divers mischiefs and grievances that daily happen and sutable to this are the ends contained in the Writs that summon them and the intentions of those that chuse the Members and send them And if Parliaments be principally called for the maintenance of the Laws and redresse of mischiefs and grievances then not for the destruction of the Laws not for the increase of mischiefs and grievances And therefore when this present Parliament in the dayes of their verginity and primitive puritie in their Actions Declarations and Remonstrances expressed much zeal for accomplishing of those ends for which they were trusted in providing for the safety of the Kingdom and peace of the people which you call God to witness is your only aime protesting in the presence of the all seeing deity that the foresaid ends is the only end of all your counsels and indeavours wherein you are resolved to continue freed and inlarged from all private aims personall respects or passions whatsoever and persevere in the vigorous indevoring to preserve the Laws and Liberties of this Land though you should perish in the work calling upon God that sees your innocency and that you have no aims but at his glory the publick good for protection in your straits I say yet notwitstanding all this the King to make you odious and to be deserted of the people in several of his Declarations Declares that all these were but guilded dissimulations it being your reall intentions to destroy Liberty and property meum and mum and to subvert the Lawes and introduce new forms of arbitrary government and to introduce Anarchy a paritie and confuon by levelling of all degrees conditions and to monopolise into your hands all the rich and great places in the Kingdom for your own particular advantage and profit and to get such a power into your hands as thereby to enable you inevitably to destroy all that opposed you and that the maintenance and advancement of Religion Justice Liberty Propertie and peace are really but your stalking horses and neither the grounds of the war nor of your demands and that for all your fair pretences to the people you will extirpate the Law root and branch alter the whole frame of Government and leave not any thing like Law Liberty or
go on to declare an Epitome of the Kings dealings with the Kingdom before this Parliament in which time you say the Lawes were no defence nor protection of any mans right all was subject to will and power which imposed what payment they thought fit to drain the Subjects purse of and supply those necessities which ill councels had brought upon the King or gratifie such as were instruments in promoting those illegall and oppresive courses They who yeelded and complyed were countenanced and advanced all others disgraced and kept under that so mens mindes made poor and base and their Liberties lost and gone they might be ready to let go their Religion whensoever they should be resolved to alter it and then ennumerate divers strange actions of his done to the Kingdom since this Parliament and in pag. 494. you declare that after his ill councel had got him from the Parliament then they doc work upon him and upon the Queen and perswade her to retire out of the Kingdom and carry him further and further from the Parliament and so possess him with a hatred of it that they cannot put words bitter enough into his mouth to express upon all occasions they make him cross oppose and envy upon all the proceedings of Parliament incourage and protect all those that will affront it take away all power and authority from it to make it contemptible and of less esteem then the meanest Court draw away the members commanding them to come to him to York and insteed of discharging their duty in the service of the Parliament to contribute their advice and assistance to the destruction of it indeavouring an arbitrary Government a thing say you which every honest Morall man abhors much more the Wisdom Justice and Piety of the two Houses of Parliament and in truth such a charge as no rational man can beleeve is it being unpossible so many several persons at the Houses of Parliament consist of about 600 and in either House all of equall power should all of them or at least the major part agree in Acts of will and Tyranny which makes up an arbitrary Government and most improbable that the Nobility and chief Gentry of this Kingdom should conspire to take away the Law by which they injoy their estates are protected from any act of violence and power and differenced from the meanest sort of people with whom otherwise they would be but fellow servants so having given an answer to his charges laid upon you in pag. 496. you vehemently preâ—â—e the people to come in to the help of the Parliament against the Kings forces And save themselves their Laws and Liberties and though both they and we say you must perish yet have we discharged our consciences and delivered our soules and will look for a reward in heaven should we be so ill required upon earth as to be deserted by the people whom in the next page you tell nothing will satisfie the King and those evill men with him but the destruction of this Parliament and to be Masters of Religion and Liberties to make us Slaves and alter the Government of this Kindom and reduce it to the condition of some other Countryes which are not governed by Parliaments and so by Laws but by the will of the Prince or rather of those who are about him And thersore in the zeal of your Spirits you declare your resolved resolutions to continue firme to maintain the Laws and Liberties of your Country according to your duty saying Woe be to us if we do it not at least doe our utmost endeavours for the discharge of our duties and the saving of our souls and leave the successe to God Almighty and you conclude with these words and therefore we do here require all who have any sence of piety honour or compession to help 2 distressed State and to come in to our aid and assistance And in your reply to the Kings Answer of yours of 26 May 1642. 1 par Book Declar. pag. 693. you declare with indignation your abhorrance of the Kings charging you by your votes to dispose of the peoples lives liberties and estates 〈◊〉 to the Law of the Land throw back the Charge upon himself and those that are about him And in the next page you say thus and for that concerning our inclination to be slaves it is affirmed that his Majestie said nothing that might imply any such inclination in us but sure what ever be ovr inclination slavery would be our condition if we should go aboue to overthrow the Laws of the Land and the propritey of every mans estate and the liberty of his person for therein we must needs be as much Patients as Agents and must every one in his turn suffer our selves what ever we should impose upon others as in nothing we have laid upon other we haue ever refused to do or suffer our selves and that in a high proportion And then when you come in the next page to speake of the Kings charging of you that you afect to be Tyrants because you will admit no rule to Govern by but your own wills yea worse then those thirty most perfect Tyrants of Athens spoken of by Sir Walter Rawley in his third Book of the History of the world Chap. Sect. 2. you abhor the charge with the height of detestation and therefore in the next page unto it being page 696 you say We do still acknowledg that it were a very great crime in us if we had or should do any thing whereby the title and interest of all the Subjects to their lands were destroyed which I say of necessitie must be if they be deprived of the benefit of the Law which is all I crave at your hands and which I hope you will not deny me especially considering in your Declaration of the 10 of June 1642 1 par Book Decla pag. 342 for bringing in mony and plate you positively declare that whatsoever is brought in shall not at all be imployed about any other occasion then to the purposes aforesaid which amongst others are principally for destroying Tyranny maintaining of Liberty and Propriety the free Course of Justice according to the known Laws of the Land but Propriety cannot be maintained if Liberty be destroyed for the Liberty of my Person is more neerer to me then my Propriety or goods and he that contrary to Law and Justice robs or deprives me of the Liberty of my Person the nighest to me may much more by the some reason rob and deprive me at his will and pleasure of my goods and estate the further of from me and so Propriety is overthrowne and destroyed and this if done avowedly by you is distructive to your honours and engagements yea in an absolute violation of all your Oaths and Promises whereby you will be rendred by your own actions in the eyes of the people that trusted you the basest and worst of men fit for nothing but desertion opposition and
distruction Again how can Law be maintained when the free execution of Justice in the ordinary course thereof shall be hindered by you which you in your Declaration 23 of October 1642. 1 par Book Declar pag. 656 call the soule and life of all-Laws which ordinary course of Jestice you in your first Remonstrance page 7 call the common birth-right of the Subject of England And therefore 1 par Book Decl. pag. 660 you own it as your duty to use the best of your endeavours that the meanest of the Commonalty may enjoy their own birth-right freedom and liberty of the Lawes of the Land being equally intitled thereunto with the greatest subject and if so how can you in justice and honour or conscience deprive and ebereave me of my birth right the benefit of the Law of the Land in the ordinary course of Justice in the Judicatures thereof who have done no actrons either by Sea or Land but what doth become an honest true-bred Englishman and constantly in the midst of many deaths maintaining the Laws i and Liberties of my Native Country which actions are consonant to the Authority of Parliament and for the service and benefit thereof and therfore I ought not to be molested and troubled therefore especially by you who in your Declarations in the case of the Five Members declare 1 par Boo. Decl. pa. 39. you are very sensible that it equally imports you aswell to see Justice done against them that are criminous as to defend the just rights and Liberties of the Subjects and Parliament of England but if you shall stop my proceedings at Common Law against Master Wollaston the Jaylour of Newgate for keeping me there against Law by the Lords Order You are so far from punishing the criminous that you justifie the wicked and condemn the righteous break all your Oaths Protestations and Covenants that you have taken to maintain the Laws and Liberties of the Kingdom and dissolve the whole frame and constitution of the Civill Policy and Government of this Kingdom into the originall Law of Nature which crime you taxe the King with 1 par Book Decl. pag. 690. yea and thereby become destructive to the being of the Common-wealth and the safety of the people the preservation of which is the chief end of the Law the institution of all Government as you declare in your Declarations of the 6 of May 1643 17 April 1647. 2 part Book Decla fol. 95. 879. For the Illustration of which I desire to observe this Method First I averre that the House of Lords have not the Least Jurisdiction in the world over me in the case in controversie betwixt us and I am ready upon my life to make this good by the Laws of the Kingdom against all the Judges and Lawyers in England but I conceive I have already so fully done it in my three pleas against the Lords that they are unanswerable viz. First in my Plea before the Committee of the House of Commons where Master Henry Martin had the Chaire 6 Novemb. 1646. And Secondly in my Plea the 20 of October 1647. before another Committee of the House of Commons where M. Iohn Maynard had the Chaire And Thirdly in my Plea before the Judges of the Kings Bench the 8 of May 1648. all three of which I desire to communicate unto your consideration And if the Lords by Law have no originall Jurisdiction over me then no power to summon me nor no power to try me nor commit me Wherefore M. Wollaston by Law ought to have refused to have received my body or detained it in prison by vertue of their illegall warrant which being both illegall in the power that made it in the forme of drawing it up he is liable to make me satisfaction in Law for executing it which at present I illustrate out of your own Declarations which are the most unanswerable arguments against you that I can use Acts 17 26. Titus 1. 12. And first in your Declaration of the 17 of January 1641. 1 par Book Decl. pag. 38. 39. where speaking of the Five Members you say his Majestic did issue forth severall warrants to divers Officers under his own hand for the apprehension of the persons of the said Members which by Law he cannot do there being not all this time any legall charge or accusation or due processe of Law issued against them or any pretence of charge made known to the House of Commons all which are against the Fundamentall Liberties of the Subjects and the Rights of Parliament Whereupon we are necessitited according to our duty to declare That if any person shall arrest M. Hoâ—â—â— Sir Arthur Haslerig Master Pym Master Hamden Master Strode or any of them or any Member of Parliament by pretence or colour of any warrant issuing out from the King onely is guilty of the breach of the Liberty of the Subject and of the Priviledges of Parliament and a publick enemy to the Common-wealth and that the arresting of the said Members or any of them or any Members of Parliament by any Warrant whatsoever without a legall proceeding against them and without consent of that House whereof such a person is a Member is against the Libertie of the Subject and a breach of Priviledge of Parliament and the person which shall arrest any of these persons or any other Member of the Parliament is declared a publick enemy of the Common-wealth Yea and upon the 15 of January 1641 you voted and ordered a Charge to be brought in against Mr. Atturney General Herbert to require of him satisfaction for his great injury and scandal that particularly be had done to the said Mr. Hollis c. and generally to the publick Justice of the Kingdom in so illegally accusing the foresaid five Gentlemen without due processe of Law as appears in your first part Book Declarat pag. 53. And therefore in your Petition of the 2 Feb. 1641. 1 part Book Decl. 67. you rel the King It is your duty to tell him of the injustice done unto the five Members for impeaching them without due processe of Law and to require reparations for them And therefore in your second Petition of the same month 1 par Book Decl. pag. 76. 77. you tell the King again notwithstanding all your importunity the said five Members and the Lord Kimbolton still lie under that heavie charge of Treason to the exceeding prejudice not onely of themselves but also of the whole Parliament And whereas by the expresse Laws and Statutes of this Realm that is to say by two Acts of Parliament the one made in the 37 and the other in the 38 year of the reign of your most noble Progenitor King Edward the 3 it s said If any person whatsoever make suggestion to the King himself of any souls committed by another the same person might to be sent with the suggestion before the Chancellor or Keeper of the great Seal Treasurer and the great Councel there to finde
Surery to pursue his suggestion which if he cannot prove he is to be imprisoned till he hath satisfied the party accused of his dammages and stander and made Fine and Ransom to the King The benefit of these Laws you claim at the Kings hand and there tell him he ought not of right and justice to deny it to you And also in 1 part Book Decl. pag. 101 speaking to the King you say Your Majesty lays a generall tax upon us if you will be graciously pleased to let us know the particulars we shall give a cleer and satisfactory Answer But what hope can we have of ever giving your Majestic safaction when those particulars which you have been made beleeve were true yet being produced and made known to us appeared to be false and your Majestic notwithstanding will neither punish nor produce the Authors but go on to contract new jealousies and fears upon generall and uncertain grounds affording us no means or possibilitie of particular answer to the cleering of our selves For proof whereof we beseech your Majestic to consider The heavie charge and accusation of the Lord Kimbolton and the five Members of the House of Commons who refused no Triall or Examination which might stand with the Priviledge of Parliament yet no Authors no Witnesses produced against whom they may have reparation for the great injury and infamy cast upon them notwithstanding three severall Petitions of both Houses and the Authority of two Acts of Parliament vouched in the last of those Petitions And in a fourth Petition about the same business 1 part Book Decl. pag. 123. We beseech your Majesty say you to remember that the Government of this Kingdom as it was in a great part mannaged by your ministers before the beginning of this Parliament consisted of many continued and multiplied acts of violation of Laws the wounds whereof were scarcely bealed when the extremitie of all those violations was far exceeded by the late strange and unheard of breach of our Laws in the accusation of the Lord Kimbolton and the five Members of the Commons House and in the proceedings thereupon for which we have yet received no full satisfaction And in your Declaration of the 19 of May 2642 1. par Book Dec. p 200. 201. you are very remarkable and fly The accusation of the L. Kimbolton and the 5 Members of the House of CoÌ„mons is called a breach of Priviledge and truly so it was and a very high one far above any satisfaction that hath yet been given How can it be said to be largely satisfied so long as his Majestic laboured to preserve his Atturney from punishment who was the visible Actor in it so long as his Majestic hath not onely justified him but by his Letter declared that it was his duty to accuse them and 〈◊〉 he would have punished him if he had not done it so long as those members have not the means of cleering their innocency and the authors of that malicious Charge undiscovered though both Houses of Parliament have severall times petitioned his Majestie to discoâ—â—â— them and that not onely upon grounds of common Justice but by Act of Parliament his Majestie is bound to do it so long as the King great such to passe a Bill for their discharge alledging that the Natiâ—â—tive in that Bill iâ— against his Honour whereby he seems still to â—â—ow the matter of that false and scandalous Accusation though he deserts the Prosecution offering to passe a Bill for their acquital yet with intimation that they trust desert the avowing their own innocency which would more wound them in 〈◊〉 that secure them in Law And in vindication of this great Priviledge of Parliament we do not 〈◊〉 that we have invaded any Priviledge belonging to his Majesty as is alledged in his Declaration But we look not upon this onely in the notion of a breach of Priviledge which might be though the Accusation were true or false but under the nation of an hainous crime in the Attourney and all other Subjects who had a hand in it a crime against the Law of Nature against the Rules of Justice that innocent men should be charged with so great an offence as Treason is the face of the highest Judicatory of the Kingdom whereby their 〈◊〉 and estates their bloud and honour are in danger without witnesse without â—isdence without all possâ—bility of reparation in a legall course yet a 〈◊〉 of such a nature that his Majesties Command can no more warrant then it can any other act of injustice It is true that those things which are evil in theâ—â— can nature such as a false testimony or a false accusation cannot bothe subject of any Command or induce any obligation of obedience upon any man by any Authority whatsoever therefore the Attourney in this case was bâ—â—â—â— to refuse to execute such a Command unlesse he had had some such evidence or testimony as might have warranted him against the parties and 〈…〉 make satisfaction if it should prove false And further to prove that 〈…〉 liable to punishment that puts in execution the Kings illegall Commands is must excellently proved and largely evident from your own words in 〈◊〉 Book Decl. pag. 259. 260. 276. 279. 280. 721. 722. 723. 727. 803. 〈…〉 largely declare that Alexander Archbishop of York Robert de Veâ—â—◠〈…〉 Irland c. were executed in Richard the Second's time as Traytors for 〈◊〉 in execution the commands of the King against the Law and if they are punishable that execute the commands of the King the Primitive against Law then much more by Law is Mr. Wollaston punishable for executing the commands of the single House of Lords the Derivative against Law and if in my own defence when I was in Mr. Wollaston's custody I had served him for his actions done to me in pursuance of the Lords single illegall commands â—4 Simson of Northampton-shire did Johnson in the 42 of Elizabeth for his doing actions in pursuance of the Queens Letters Patents contrary to Law in endeavouring by a Warrant flowing from the High Commission which was established by Act of Parliament and had legall cognizance of any facts in Controversie grounded thereupon to imprison his body for doing of which Simson in his own defence and his Liberâ—â—â—â— slew the said Johnson For which he was justified by the Judges of Affiâ—e and all the Judges of England as you may read in Sir Edward Cook 4. part Iustitutes fol. 333. 334. and in my Plea before the Judges of the Kings Bench called The Laws funerall page 214. 25. I say in case I had in my own defence and the defence of my legall Liberties slain Wollaston c. for executing the Lords single illegall Orders upon me for any thing I can read in the Law he had his mends in his own hands But to come more close upon your own principles to prove that a single Order of the Lords cannot stand in competition with the Law I do it thus
long enough and in the day of his prosperity here I was fain to ask often enough for it before I could get it again So here it is true I was in contestation with the High 〈…〉 Board and Star-chamber but they began with me and not I 〈…〉 story of which you may read in my book called the Christian mans 〈…〉 for Mr. VVill. Larner It is true also I had in them sufferings 〈◊〉 contestations with Gaolers but it was to preserve my life when they 〈◊〉 to Law would have murdered me but with all my fellow-prisoners c. I lived as peaceably as lovingly and friendly as any man in the world did and all this contestation was but for the maintaining my legall rights due to me by the Nation of Right which before the beginning of those troubles I had read and a little understood In which contest this Parliament in its Primitive 〈◊〉 hath justified me in not only by abolishing the foresaid unjust Courte by Act of Parliament but also in and by their Votes of the 4th May 164â— which thus followeth Resolved upon the Question That the sentence of the 〈◊〉 chamber given against John Lilburne it illegall and against the liberty of the subject and also bloody wicked cruel barbarous tyrannicall Resolved 〈◊〉 on the Question That reparations ought to be given to Mr. Lilburn for his 〈…〉 forment sufferings and losses sustained by that illegall sentence Which I could I never got to this day but had been a rich and happy man in reference 〈◊〉 〈◊〉 world if it had been voted I should never have expected any for then might I have spent my eight years time in my trade beyond sea that I have in a 〈◊〉 spent in following these Votes and one way or other 1000 or 1500 〈◊〉 to boot with seven or eight imprisonments besides for nothing Well after this I fought with C. Lunsford and divers others at Westminster who drew first with my sword in my hand ' to save the Parliament 〈◊〉 throats from being out conscienciously judging nothing that I had too good to hazard for so just an Authority as I then judged them to be they have 〈◊〉 well rewarded me for my pains with 7 or 8 cruell imprisonments and 〈◊〉 told me nor any body else to this hour wherfore with many strong endeavour to take away my life in the said imprisonments unjustly but I hope they â—pâ—cially will justifie me in that contest however I from my heart beseech the righteous Lord of Heaven and Earth to judge righteously and impartially betwixt them and me and to manifest his Righteous judgment betwixt to visibly to the world that so the sons of men may see it and behold it and fear and tremble before him Well in the next place the Wars begun betwixt them and the Kings and truly having seriously read all their primitive most excellent Declaration and sufficiently my self smarted under the Kings irregular government in the violating of the Laws of England the compact betwixt him and his people which he in my judgment had then notably violated And not in the least doubting but they would be as good as their words and Declarations which were to secure the Peoples Lawes and Liberties to them and not in the least to seek themselves to provide for their weale but not for their woe and reading in the Scripture Rom. 13. that the end of the institution of all Magistracy in the world is for a terror to evill doers and for a praise to those that doe well the â—â—â—â—ous consideration of which wrought out something in reason in my one thoughts to ballance the letter of those Laws which I then knew were absolutely for the King somthing like those generall rules or maximes in Law recorded by that most excellent of English Lawyers Sir Edw. Cook in his 4 part Institut fol. 330. which are That although the Law of England speak in generall terms yet it is to be bound up or accepted but where reason causeth there the law ceaseth for seeing reason is the very life and spirit of the Law is self the Law giver it not to be eseemed to respect that which hath no reason although the generality of the words at the first sight or after the Letter seem otherwise And it in my reason could not be rationall for any men to appoint a compact to be betwixt two parties but to bind both equally alike King as well as People and not to keep the people bound to the expresse letter of the Kings part or any others when the King or that other shall break his or theirs in twenty particulars as by Ship-money Projects c. And further saith Cook fol. 328. ibid. Such an interpretation of ambiguous things in Law it always to be made that absurdities and inconveniences may be avoyded but absurdities and inconveniences cannot be avoyded if the express and single letter of any Law in reference to a King or Parliament shall tie or bind me to cut my own throat or any other wayes destroy my self or my companions brethren or neighbours which is irrationall or unjust for me to do 1 Part. Book Decl. p. 150. So upon these or the like grounds I took up arms in judgment and conscience against the King and contested with his misgovernment in subduing my legall and native Rights and in my sufferings and arraignment at Oxford therefore carried my self with a great deal of resolution and undauntednesse of spirit for which the Parliament by speciall Declaration of the 17 of December 1642 justified me which Declaration you may see 1 part Book Decl. pag. 802 803. yea and exchanged me very honourably high above my quality and condition and at my coming home some of them that were no mean ones proffered my wife a place of honour and profit for me then reputed worth about 1000 l. per annum which I conscientiously scorned and slighted professing unto my wife to her extraordinary grief that I must rather fight though it were for 8 pence a day till I see the liberties and peace of England setled then set me down in a rich place for mine own advantage in the midst of so many grand distractions of my native Country as then possessed it and so I left old Essex that had been so generous unto me in giving me almost 300 l. ready money at my deliverance as Colonel Flettwood and Colonel Harrison very well know But him for all that I say I left for his persecuting for non-taking the Covenant and down to Lincolnshire I posted to my then two Darlings and familiar Friends Monchester and Cromwel where I engaged heartily and spent all Essex his money freely and contiued in many a desperate service till Manchester visibly degenerated and would have hanged me for being over-honest and over active in taking in Tikel Castle too soon which with his visible turning knave and apparantly betraying his trust at Dennington in defigning his Army or the best part of
with in London who chose Colonel Tichburn Colonel Iohn White Master Daniel Taylor and Master Price the Scrivener And for our party there was by unanimous consent of the Agents from our friends in and about London at a every large meeting chosen Master William Walwyn Master Maximilian Peâ—â—y Master Iohn Wildman and my Self and for the honest men of the Parliament as they were called they had severall meetings at the Bell in Kings-street and at Summerset-house where as I was informed they chose Colonel Henâ—y Martyn Colonel Alexander Rigâ—y Master Thomas Challiâ—â— and Master Scâ—t with one or two more to supply the places of those of them that should be absent at any time about their occasioâ—s so when we camâ— to Winsor the Army men had chosen Commissary Generall Iretâ—â— Sir William Constable and as I remember Colonel Tomlinsoâ— Colonel Baxster Lieutenant Colonel Kelsey and Captain Parâ—â—◠〈◊〉 two of the which last 4 should alwayes make up the number so we had a â—â—ting in their Councel-Chamber at the Castle where we were all of all 〈◊〉 present but only the Parliament men for whom only Colonel Mâ—â—â—â—â— appâ—â—ed and after a large discourse about the foundations of our agreement we departed to our Lodging where Colonel Martyn and we four nicâ—-named Lovellers lockt our selves up and went in good earnest to the consideration of of our Agreement but much was not done in it there because of their haâ—â—â—â—â— London to force and breake up the Parliament which Journy at all was very much opposed by M. Waâ—wyn and many reasons he gave against their 〈◊〉 â—â— London at all the absolute desolution of which their friends in the 〈◊〉 would no ways admit of although Ireton Harison c. commonly stiled it 〈◊〉 a Parliament that had forfeited its trust a mock Parliament and that if they did not totally dissolve it but purge it it would be but a mock Parliament and â— mockpower however for where have we say they either law warrant or 〈…〉 purge it or câ—n any thing justifie us in the doing it but the height of 〈◊〉 to 〈◊〉 the Kingdom from a new war that they with the conjunction with the 〈◊〉 will presently vote and declare for and to procure a new and free representative 〈…〉 successive and frequent free Representatives which this present Parliament 〈◊〉 never suffer and without which the freedoms of the Nation are lâ—st 〈…〉 and 〈◊〉 doing of which can only justifie before God and man ouâ— presâ—â—◠〈◊〉 formr extraordinary actings with and against legall Authority and so all our fighting fruitlesse and this was their open and common discourse 〈◊〉 more of the like nature and to those that objected against their totall â—â—â—â—â—ving or breaking the House and the illegalitie of their intended and 〈◊〉 trying of the King which also was opposed by us till a new and unquestiâ—â—â—ble Representative was sitting as I am able sufficiently by pluralitie of â—â—nesses to prove and justifie yea when they were come to London 〈◊〉 c. and some Members of the House in a Chamber neer the long Gallery iâ— VVhite-hall had a large conference where and to whom he stifly 〈◊〉 the same to their faces calling this Purg'd Parliament a mocks power and 〈◊〉 Parliament which Members I beleeve if there were a necessiry of it I could produce to justifie it for I am sure one of them told me the substance of all the discourse immediatly after it happened So that if it be treason to 〈…〉 a Pretended Parliament a mockpower a mock Parliament yea and to say in 〈◊〉 English that it is no Parliament at all then they themselves are the prâ—â—â— the 〈◊〉 and originall traytoâ—â— and if this be true as true it is then there 〈…〉 Legall Judges nor Justices of Peace in England and if so then all those 〈…〉 executed at Tiburne c. by their sentences of condemnations given against them â—â— meerly marthered and the Judges or Justices that condemned the◠〈◊〉 liable in 〈◊〉 〈…〉 and that justly therefore for acting without a just and â—â—gall â—â—â—mission either from true Regall or true Parliamentary power see for this purpose the notable arguments in the 13 14 but especially 15 page of the second Edition of my late picture of the Councell of State But to 〈◊〉 to our acting to compleat the Agreement all parties chosen of all sides â—â—â—stantly mett at White-hall after the Army came to town saving the Parliament men failed only Master Mortin was most commonly there and a long and â—â—dious â—ug we had with Commissary Generall 〈◊〉 only yea 〈◊〉 whole nights together Principally about Liberty of Câ—â—sciâ—â—â—â— and 〈◊〉 Parliaments punishing where no law provides and very angry and Lordly in his debates many times he was but to some kind of an expedient in the first for peace sake we condescended in to please him and so came amongst the major part of the 16 Commissioners according to our originall Agreement to an absolute and finall conclusion and thinking all had been done as to any more debate upon it and that it should without any more â—doe be promoted for subscriptions first at the Councell of Warre and so in the Regiments and so all over the Nation but alas poor fools we were meerly cheated and cozened it being the principall unhappinesse of some of us as to the flesh to have our eyes wide open to see things long before most honest men come to have their eyes open and this is that which turns to our smart and reproach and that which we Commissioners feared at the first viz. that no tye promises not ingagements were strong enough to the grand Juglers and Leaders of the Army was now made cleerly manifest for when it came to the Councel there came the Generall Crumwell and the whole gang of creature Colonels and other Officers and spent many dayes in taking it all in pieces and there Ireton himself shewed himself an absolute King if not an Emperor against whose will no man must dispute and then â—â—ittlecock 〈◊〉 their Scout Okey and Major Barton where Sir Hardresâ—e VVaâ—â—er sate President begun in their open Councell to quarrell with us by giving some of us base and unworthy language which procured them from me a sharpe retortment of their own basenesse and unworthinesse into their teeth and a CHALLENG from my selfe into the field besides seeing they were like to fight with us in the room in their own Garison which when Sir Hardresse in my eare reproved me for it I justified it and gave it him again for suffering us to be so affronted And within a little time after I took my leave of them for a pack of dissembling juggling Knaves amongst whom in consultation ever thereafter I should scorn to come as I told some of them for there was neither saith truth nor common honesty amongst â—hem and so away I went to those that chose and trusted me and gave publikely and effectually at a set meeting appointed on purpose to
juster or better way of tryall and they 〈◊〉 to provide for our weale but not for oâ—r woe â— par book Doc. p. 150. and 〈◊〉 〈◊〉 doe what they list but what they ought 1 par â—ook dee p. 172. 205. 214. 266. 267. 〈◊〉 494. 497 499. 656. 660. 666. 696. 706. 707. 〈◊〉 2 par fol. 95. Declarat 17 March 164â— p. 6. 21 28 27. For all the idle pratings of any new upstart ' SONS OF BELIAL amongst us such as the Author of the late abominable Book called the DISCOVERER which is commonly reported to be partly Master Frosts Secretary to the 〈◊〉 callâ—d the 〈◊〉 of 〈◊〉 and pâ—incipalâ—y that Apostate IOHN CAN law if 〈◊〉 and now of the Parish of Bâ—w whose conscience by that appeares so bread 〈◊〉 it will without doubt lead him to worship with the Turks Alkeron if it were in 〈◊〉 and fat livings to be got by so doing But let all men in Authority and great place◠〈◊〉 value thei own heads and lives Remember Dudly and Epsons punishments Privy Coâ—cellors to Hâ—nâ—y theâ— eveâ—â—â— for proceeding by the rules of their discretion i◠〈◊〉 〈◊〉 laying aside the tryals by Juries of twelve men the ancient and undoubted birthright of the Subject 4 part inst fol. 41. for which they lost their heads as Traytors for subvertâ—ng the fundamentall Liberties of the people although they had an Act of Parliament viz. 11 Hen. 7. châ— 3. recorded 4 par inst â—ol 40 made by as unquestionable power in Law as ever was in being in England in a free and full Parliament câ—â—sisting of King Lords Spiâ—ituall and Temporâ—ll and Commens to authorise and beat them out in what they did of whom you may read most excellently in Cooks inst viz. 2 par fol. 51 4 par fol. 41. 197 198. 199. And in my musing with my self of their conditionn my thoughts were something to this purpose the actions done and acted by them were either crimes or no crimes crimes as to men they could not be unlesse they were transgressions of a knowne and declared law in being in the Nation before their acts were done for saith the Spirit of Truth Where there is no Law there can be â—â— transgâ—ession Rom. 4. 15. and if so then to punish them for their acts or facts any other wayes or by any other rules manner or methods then is by those Laws against which they had transgressed is expressed and presâ—ibed is very grand injustree and the most righteous and justest men in the world under such practises can never be safe or secure but are alwayes liable in liberty estate and life to be levellâ—d and destroyed by the will mallice and pleasure of the present sâ—aying grand faction in which condition a man differs nothing from a brute beast but in shape But the High Court of Justice erected to try them was a pretended Court of Justice not knowne to the visible and declared law of England being in its constitution altogether against all the English Rules of justice No nor in being when their facts were committed And therefore had no pretence at all being but a new constitution to meddle with Judging of their facts committed before it had a being or was brought forth into the world Besides the erection of it I mean a High Court of Justice to try men for siding with the King in the late warrs against the Parliament is a meer and cleer giving away and surrendring up the legallity of their cause in o the Kings hands telling the people in effect hereby its true we have waged warre against the King but if his sword had been as long as ours he might easily if he had pleased have hanged us all by the rules of Justice for transgressing â— lâ—w in being But we having by the chancâ— of war prevailed against him alass we have no law of our sides by the rules of which we can hang any of his party but must be forced to take away their lives by the rules of our own wills and power by rules of pretended Law mâ—de after their facts committed and for the demonstrating of this unto all that have adhered unto us we Erect a New High Court of Justicely new rules never known in England to try them that so our friends that have adhered to us may see where they are and betimes provide for their own safety and never trust or beleeve OUR DECLARATIONS AND REMONSTRANCES ANY MORE for though we formerly told you we had the Law of our sides yet by our setting up this High Court of Justice to be both parties Jury and Judges we plainly tel you there was no such thing but that then what we told you was lyes and falshoodâ— and that you should beleeve us no more for though then we told you we would maintaine the Law especially of Liberty and Propriety and that it was â— transcendenâ— wickednesse in us to destroy it and by our votes at our wills and pleasures to disposeor levell all the peoples estates liberties and properties yet now we iell you we never in our hearts intended any such thing but that our designe was totally if we did overcome never to keep any of our promises but absolutely to destroy all Law and by our absolute will by all manner of new erected engins to debase and breake the peoples Spirits and to dispose of their liberties estates and lives by the absolute rule of their own wills and as a cleâ—â— demonstration to your understanding that we never intended otherwise we erect this HIGH COURT OF JUSTICE composed of suck 〈◊〉 we know will obey and execute the absolute dictats of our wills â—e they 〈…〉 without ever examining whether our commands be consonant to law reason eqâ—ity justice or conscience being of as absolute implicite faith in belclâ—ering of us because we have promised they shall â—aign with us or under us as ever any papish in the world were believing the Popâ— Thirdly Admit this had been an unquestionable representative of the people Parliament who by veâ—â—â—â— thâ—â—â—â—f hath had a power to levy what mony they had judged convenâ—â—nt upon the peoplâ— bâ—â—â—neral tax for the common safety of the Nation which act both by law and reason â—hâ—y may do yet they cannot in law equity or reason lay all thaâ— tax upon thâ—ee oâ— four men alone and make them bear all the charges of the publick evâ—n so although the Parliament may erect Courts of Justice for the good of the people to administer Law in â—esinitely to all the people of England alike without exeâ—pâ—ion of perâ—ons yet they can neither by Law nor Reason erect a Court of Justice on purpose to try three or four individual persons and no more because it is against common equiâ—y â—â— Englishmen oâ— people being all born free alike and the liberties thereof equally intasted to all alike and therefore in common equity and justice three or four individual persons ought not to be burthened with an iron yoake when
I am acquitted thereby my Lords by the Law of England from any more question about that 〈◊〉 although it should be granted I was never so guilty of it Unto which they replyed to my remembrance in these words A pox on you for a cunning subtill Rogue are you so cunning in the Law that we cannot lay hold of you here but yet for all your parts we will have you to the gallows for leavying Warr upon the traiterous commands of the Parliament against the Kingâ— And here â—aid they wee are sure the â—aw will reach you Whereupon I was immediately aâ—ter laid inâ—â—â—tons and brought to the Bar before the Lord Chief Justice Heath Sir Thomas Gardâ—ed Recorder of London c. and by Indictmâ—â—t aâ—â—oâ—ding to the rules of the Common Law aâ—râ—igned for a traytor for levying War in Oxfâ—â—dshâ—â—e against the King But my Plea to the businesse of Wâ—stminstâ—r and the Pâ—entiâ—â—â— was admitted for good law That being once judiciallâ—â—â—ed and acquiâ—ted I could no more be troubled therefore neithâ—r indeed was â— But according to the punctâ—liâ—es of the Law they gave me all the lair play in the world that the Law would allow me sâ—ffering me to say for my self at the Bar what I pleased releasing me of my close imprisonment and iâ—ons and allowed me pen ink and paper which the Jaylor kept from me upon my pleading before the Judge such usages being altogether contrary to law and that no such usage ought to be exercised in the least upon any prisoner whatsoever that wâ—◠〈◊〉 beaâ—â—ly rude in his impâ—â—lonment and that no supposed â—raitore◠〈◊〉 by law could be put to any paâ—â— or tormâ—nt before coâ—riction And truly Colonel Teâ—â—le I shouâ—d be very sorry and blush for shame 〈◊〉 considering my â—â—rong zeal in the Parliaments cause to see the day that the Parliament of England aâ— least thâ—se that so stile themselves that hath pretended so much righâ—â—â—â—ness and justice should be no more just to the Covaliers against whom they have fought for injustice and and oppression in denying them the benefit of the Law â—hâ—n they are in their power and mercy then the Kings Jadges were to me and other of your prisoneâ—â— when their lives were in their power and mercy in the hight of War and of their 〈◊〉 prosperity and yet granted us the benefit of Law in all things we claimed it in as Capt. Vivers of Bâ—nâ—ury arraigned with me can witnesse as well as my self Now Sir to make application the Parliament not long since when in its poâ—eâ— it was more aâ—unâ—â—ntly unquestionable then now it is after its new force condâ—â—â—â—ed CAPEL HAMBLETON HOLLAND c. to banishment for the very 〈◊〉 now to their charge anâ— thâ—refore in Justice and Law cannot a second time cause them to be adjudged to die for the veâ—y same things It s nothing to me nor to the Kingâ—om for you to say that when that Jâ—dgment pass'd they had so many friends sitting in the House as over-voted the honest Common-wealth's-men to the prâ—judice thereof for the majâ—r part is Parliament or else thâ—re â—s no parliament Therefoâ—e Sir I reason thus Eâ—ther that wherein that Judgment pass'd was a parliament or no Parliament â—if a Parliament then their judgment â—s to themselves especially was binding and the benefit of it they ought not to deny to them whose liveâ— are consâ—rved in it 〈◊〉 it were unjust in it self â—â— to the Nation But if you or any other man shall say it was no Parliament as having forfeited their trust in treating with the King again and so their Judgâ—â—nt not valid then with much more confidence say I this that now fits is no Parliament and so by consequence the High Court of Justice no Court of Justice at all and if for then to execute them upon their Judgment is absolute Murder But I would fain see that honest and valiant man in your House that duâ—st pretest against them for no Parliament But Sir besides this mark the consequence of it to all we Parliamenteers that have acteâ— under you and by vertue of your commands by these Proceedings First You have sold the Bishops Lands and given them thâ—â— bought them as they suppose good security for their quiet enjoyment of their Pâ—rchasâ—s I but within a little whâ—le after part of the very same Parliament alters their mindes and being becomâ—th maâ—or part by forcible Purgations illegall new Recruits or by any other â—ricks â—â—â—â—viâ—es and they vote all those bargâ—ins are unjust and the Purchasers ought to lose both â—eâ—r Land and Mâ—nâ—y where is then that stable security of Parliaments And yet such doings would be as just as your present dealings with CAPEL c. whose preceden◠〈◊〉 a precedent for that and much more of the same nature Bâ—t secondly The samâ— Parliament that condemded Capel c. to Bâ—nishment pass'd mulâ—itudes of Compositions with severall Cavâ—lierâ— as guilty of Tâ—eason in the 〈…〉 of it â—s they And by the same ruleâ—oâ— now condâ—â—n CAPEL 〈◊〉 after you have judged them to banishment you â—â—y adjudge all the compounding Câ—vâ—â—eers to â—â—â—angeâ— after you have adjudged them to composition and so put the Kingdom by 〈…〉 people desperate in an everlasting flame that never will have end becâ—â—se 〈◊〉 is â—o certainty in any of your proceedings but are â—s changeable as the wind thâ—◠〈◊〉 〈◊〉 Thirdly and most principally it is a common maximâ— in Law and Reason both and so declared by your selves 1 part Book Declarat page 281. That those that shall guide themsâ—lves by the judgment of Parliament oughâ— what-ever happen to be secure and free from all account and penalties Bâ—t divers honest men as you now judge them â—ave acted and guâ—ded themselves by the judgment of Parliament as they account yâ—u in taking away the King's life and yâ—t by your dealings with CAPEL c. they are liable to be hanged as â—rayt â—s 〈…〉 a major part of your very House by force or other 〈…〉 shall vote that act 〈◊〉 and all the Actors therein Traitors So that Sir if I have any judgâ—â—nâ— in â—â—e by his very single act towards them you shake the vâ—ry toâ—ndation of the validity of all the Parliamâ—nts Decrees and Judgments at once and mâ—ke 〈◊〉 all the Seâ—uriâ—y and â—ndemnity that those in â—qâ—â—ty ought to enjoy that have acted by you commands aâ—d guided themselves by the judgment oâ— Parliament By meaâ—â— of which you will finde in time you have demolished your own Bulwarks an destroyed your own Fences And for time to come for my part I shall be a thoâ—sand times more wary how I obey all your Commands then ever I was in my life seâ—ing yoâ— are so fickle and unstable that no man knows rationally where to find you or fixedly to what to hold you But if you shall object as some do That that judgment of Bâ—nishment was onely in â—â—ference to the peace with the King and that being broke yoâ— are absolved