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A88180 England's birth-right justified against all arbitrary usurpation, whether regall or parliamentary, or under what vizor soever. With divers queries, observations and grievances of the people, declaring this Parliaments present proceedings to be directly contrary to those fundamentall principles, whereby their actions at first were justifyable against the King, in their present illegall dealings with those that have been their best friends, advancers and preservers: and in other things of high concernment to the freedom of all the free-born people of England; by a well-wisher to the just cause for which Lieutenant Col. John Lilburne is unjustly in-prisoned in New-gate. Lilburne, John, 1614?-1657. 1645 (1645) Wing L2102; Thomason E304_17; ESTC R200315 41,349 51

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more Cordiall freinds then the fighting of all their Armies or the forcing of all their Covenants or the Pressing of all their Souldiers or persecuting all their Sectaries will doe in ten moneths space II. To endeavour to set the City of London right in the enjoyment of her Priviledges being the Metropolis of England that shee may indeed be a true President to all the Cities and Corporations in the Kingdome and a ballance to all the Tyrants or Arbytrary-principl'd men in the same the means to set her right is first for the Commons to get a Copy of their Charters and translate them into English and print them that so every free-man may see and know his own rights and endeavour the more earnestly the exemplary punishment of the infringers and incroachers thereupon III. To rise as one man under faithfull honest experienced constant well-affected Commanders such as those that rise shall chuse to adventure their lives with and beleager all the Kings Garrisons before the storme grow so great in the North that no man dare travell under paine of his life according those honest and good Directions lately printed which are intituled Englands Cordiall Physick IV. To call to a just and strict account all Fingerers and Receivers of money whatsoever even Parliament men as well as others for they are all but the Common-wealths servants and severely according to the greatest pennalty of any declared and unrepealed Law to punish all those that have any wayes cheated and cozened the Common-wealth and unjustly made themselves rich by her treasure now in the time of their great richer and her extreame poverty and for future time to make a Law to punish with death all such grosse transgressors who deserve to have their skinnes flead off and stopt full of straw and hung up publikely in the places where they so unjustly executed their undeserved Offices and deceived their owne Nation to inrich themselves to the terrifying of all such as shall succeed them in their places from the acting of such unchristian yea and worse then Heathen-like Roaguery For I am confident that the portion of all such covetous State-robbers Nationall Fellons mighty thieves and secret Traytors will be such as are described or painted lively in their colours throughout the Twentieth Chapter o● Job from the fourth Verse which I expresse here at large and more Scriptures after them for the use of those that have no B●bles to read they are become so dear and Monopolized like other things as shall yet hereafter appeare the words a●e these Knowest not thus this of old since man was placed upon the earth that the triumphing of the wicked is short and the joy of the hypocrite but for a moment Though his Exce●lency mount up to the heavens and his head reach unto the Clouds yet he shall perish for ever like his owne dung they which have seen him shall say Where is hee He shall flie away as a dreame and shall not be found yea he shal be chased away as a Vision of the night the eye also which saw him shall see him no more neither shall his Place any more behold him His Children shall seek to please the Poore and his hands shall restore their goods His bones are full of the f●rme of his youth which shall lie downe with him in the dust Though wickednesse be sweet in his mouth though hee hide it under his tongue though he spare it and forsake it not but keep it still within his mouth Yet his meat in his bowels is turned it is the gall of aspes within him He hath swallowed down riches and hee shall vomite them up againe God shall cast them out of his belly He shall suck the poyson of Aspes the Vipers tongue shall slay him He shall not see the Rivers the shods the brookes of honey and butter That which he laboured for hee shall restore and shall not swallow it downe according to his substance shall the restitution be and he shall not rejoyce therein Because he hath oppressed and hath forsaken the poor because he hath violently taken away an house which he builded not surely hee shall not finde quietnesse in his belly hee shall not save of that which hee desired There shall none of his meat be left he shall be in straites every hand of the wicked shall come upon him When he is about to fill his belly God shall cast the fury of his wrath upon him and shall raine it upon him while he is eating He shall flie from the iron weapon and the bow of steel shall strike him through it is drawne and commeth of the body yea the glistering sword commeth out of his gall terrours are upon him all darknesse shall be hid in his secret places a fire not blowne shall consume him it shall goe ill with him that is left in his Tabernable The heaven shall reveale his iniquity and the earth shall rise up against him the increase of his House shall depart and his goods shall flow away in the day of his wrath This is the portion of a wicked man from God and the heritage appointed unto him by God Cnsider and apply these Judgements to your selves yee wicked Lawyers if you apprehend your selves to be guilty of the blood and of grinding the faces of the poor by your professions and especially you grand Lawyers who are out of your element in the House of Commons by your practises And as the Psalmist saith well of wicked men Psal 73.5 c. They are not in trouble as other men neither are they plagued like other men their eyes stand out with fatnes they have more then their heart can wish they are corrupt and speak wickedly concerning oppression they speake foolishly they set their mouth against the heavens and their tongue walketh through the earth therefore the people returne hither and waters of a full cup are wrung out to them And they say bow doth God know and is there knowledge in the Most High Behold these are the ungodly who prosper in the world they increase in riches But in the 18. verse it is said Surely thou O Lord didst set them in slippery places thou castest them down into destruction And in the 49. Psal 16 hee saith Bee not thou afraid when one is made rich when the glory of his house is increased for when hee dieth hee shall carry nothing away his glory shall descend after him c. And in the 50. Psalm 16 c. But unto the wicked God saith What hast thou to doe with my statutes or that thou shouldest take my Covenant in thy mouth seeing thou hatest instruction and castest my words behind thee When thou sawest a thief then then consentedst with him and hast been partaker with Adulterers Thou givest thy mouth to evill and thy tongue frameth deceit Thou sittest and speakest against thy brother thou slanderest thine owne mothers sonne These things hast thou done and I have kept silence thou thoughtest that I
this their good service to the Parliament as they did to the Bishops the forme or power of a Stationer-Committee in London among themselves that they may henceforth without either Censure or Resistance of Higher Powers both absolve the wicked and condemne the just and so doe whatsoever they list The next Monopoly it is to be feared will be upon Bread and Beere for as justly may there be a Monopoly upon them as upon the former Oh Englishmen Where is your freedoms and what is become of your Liberties and Priviledges that you have been fighting for all this while to the large expence of your Bloods and Estates which was hoped would have procured your liberties and freedomes but rather as some great ones Order it ties you faster in bondage and slavery then before therefore look about you betimes before it be too late and give not occasion to your Children yet unborne to curse you for making them slaves by your covetousnesse cowardly basenesse and faint-heartednesse therefore up as one man and in a just and legall way call those to account that endeavour to destroy you and betray your Liberties and Freedomes 9 Whether it be not more agreeable to Equitie Law Justice and Conscience that the badge of a Malignant or a man uncapable of hearing Office in the Common-wealth or being chosen to sit in Parliament as one to make Laws should not rather be for being disaffected to common Freedome and having either in purse or person declared his disaffection thereunto in any ways assisting the Common enemy who hath drawne his sword to destroy the freedome of the Common-wealth which by the Law of this Land is granted unto the Free People thereof by means of which all such have disfranchised themselves then for refusing out of Conscience to take the Nationall Covenant Which was first ordained to beget Unity between the Nations but as sad experience teacheth in its effects produceth nothing lesse amongst us setting us at as bitter a Warre and contestation amongst our selves almost as wee have with our professed enemies who before this unhappy make-baite came amongst us were knit together in love and affection as one man against the common enemies of our Liberties Peace and safety and had no upbraiding one another with being a Covenanter or an Anti-Covenanter which breeds constant heart-burnings amongst us and which if it be not by some wise moderate and discreet means prevented is likely to burst out into a dangerous flame in the midst of us so that our being knit faster to God and each to other by a band of Unity is hereby frustrated Secondly the Preamble of the Covenant it selfe saith that the taking of it is not the chiefe part of it but the keeping of it the benefits of it being sure and stedfast to us when wee are sure and stedfast in the Observation of the things Covenanted so that if there be not the Observation of them the ends and intention of it is voide and frustrate but it is observed that many of those that authorised it and first took it within a little after runne both out of the House of Peeres and Commons to the King to Oxford and drew their swords against it to destroy it and so became wilfully perjured and the most part of the rest that still remaine have been very active in setting up things quite contrary to the true and declared intent and meaning of the Covenant As first it tyes all those that take it without respect of persons to indeavour the extirpation of Popery but contrary hereunto there is an Ordinance lately made for the strict payment of Tythes to the Clergy for their maintenance although it be one of the greatest branches of Popery that ever was established in Rome the taking away of which in any place where Popery is professed is a more direct way to root up Popery then the taking away all things else professed by the Papists for the Clergy are such greedy dogges as the Prophet calls them that they can never have enough being sheepheards that cannot understand seeing they all look to their owne way every one for his gaine Esai 56.10 11. that they will be of any Religion where riches or profit is to be had and will be sure to avoide and hate that Religion that brings in no profit to fill and cram their fat guts who bite with their teeth and prepare warre for those that putteth not into their mouthes Micah 3.5 Besides Tythes is a Jewish Ceremony abolished as all the rest by the death of Christ upon the Crosse Heb. 7.5.12.28 8.5 9.9.15.26.28 the establishing of which againe is the denying of CHRIST'S death and a setting up of Moses and the Ceremoniall law for as the Apostle saith Gal. 5.3 For I testifie againe to every man that is Circumcised that hee is a debter to doe the whole law yea saith he Christ is become of no effect to such a man so say I Hee that compells you to pay Tythes compels you to keep the whole Law which whosoever goes about is fallen from Grace Gal. 5.4 Againe the p●●●ent of Tythes is an unjust and unequall thing in a Civill sense for that the Priests who are not one for a thousand of the rest of the Inhabitants in the Kingdome should have the tenth part yea or rather the seventh part of all things a man hath saving his Children considering that they never labour for it with their hands nor earne it with the sweat of their browes nor bestow any kind of Charges is the most unjust thing in the world and so intollerable oppressing a burthen that the Free-people of England are not able to beare it as the Petitions presented by divers persons already to the House and those many Petititions that are in agitation both in the City of London and many Shires in the Country doe and will fully declare A second thing sworne to in the Covenant as other branches of Popery is to root out and exterpate Prelacy as there it is expressed Church-Government by Archbishops Bishops their Chancellors and Commissaries Deanes sub-Deanes and Chapiters Archdeacons and all other Ecclesiasticall Officers depending on that Hierarchy and yet the same men have established the Bishop's Priests and servants who have no other calling in the world whereby to stand but what they had from them as both the Ordinance and the Priests themselves confesse and yet by vertue of this Papall Prelaticall Call they Institute and ordaine a Generation of Antichristian Officers to fill the Kingdome contrary to the Covenant as full of Popery and Popish Officers as ever it was in the Bishops dayes the drivers on of which designe if they have taken the Covenant are every man of them perjured But you will say though the Parliament and Priests acknowledge the Bishops to be Antichristian yet the present Priests say they were not ordained by them as Bishops but as Presbiters who had their Calling from the Pope not as a Pope but as a
roade way of destruction had not the Noble Generall by GODS Providence exceedingly strengthned his party and after that hee is posted from place to place and never suffered to come to the Parliament since whereby Manchesters treason lies as it were hid although it be more fully proved as some of that House have since confessed then ever Strdffords was and yet he is suffered to act in all the great designes of the Kingdome unto this present 2. Master Mussenden and Mr. Wolley and divers others Gentlemen of quallity of the Committee of Lincolne in August 1644. exibited Articles of High-Treason and other hainous misdemeanors against Colonell Edward King to the House of Commons which Articles they have since Printed and published to the view of the World yet can they not to this day get any hearing of them that so they may prove against him what they accuse him of howbeit although in their Fourth and Twelfth Article they accuse him of plaine High-Treason their owne words are as followeth As Article 4. When hee the said Colonell King was before Newarke he sent for a Captaine who kept Crowland who obeyed his command yet sent word to him of the danger that Towne was in and therefore desired his second pleasure which was That he should march who accordingly did the Gentlemen of the Country fearing the enemy procured Major Ireton to send a 100. Musketiers to keep Crowland which hee hearing of took ill that without Order from him any should come into his liberties and commanded them to be gone who accordingly departed the enemy presently surprised the Towne and those few that he had left in it by which meanes he betrayed the Towne unto the enemy which was not regained without much charge hazard and losse of many mens lives Article the 12. That when the Enemy took Grantham they being beaten from one part of the Town wheeled about to fall upon the other side at a place called Spittle-gate which Major Savill being then Major of the Towne perceiving commanded Colonell King being then Captaine of a Company there to march with his Company to defend that place Colonell King answered That he scorned to be commanded by him and rather then he would be commanded by him he would take his company and let the enemy into the Towne and he delayed so long before hee would goe that the enemy was entred at the said Part before hee came thither by which means be betrayed that Towne Also 3. John Musgrave Gentleman hath complained to the Commons in this present Parliament against Richard Barwis Esq Burgesse for Carlile and a Member now sitting in the House of Commons and lately one of the Commissioners of Parliament for both Kingdomes that at his being at Edenborough he held correspondency with the Commissioners of Array both for Westmerland and Cumberland and in his Twentieth Article against him he saith That when the said Richard Barwis was at Sunderland hee had Intercourse by Letters with the chief Delinquents in Cumberland which were especially Baronet Graham Baronet Musgrave Baronet Curwen and Sir Willfrede Lawson and that the said Mr. Barwis Estate was protected by means of some of the foresaid Knights during the time the King had the Command of the North and that Mr. Barwis was an Instrument in getting men nominated to be Committee-men for the Parliament while they were in actuall Rebellion against the Parliament and Kingdome and hath been an instrument in getting the Command of both the foresaid Counties into the hands of those that actually have been in Armes and committed treason against the Common-wealth who abuse the honest well-affcted to the Parliament there as much as ever they were while the King had the Command of them and though complaint hath been made of all this to many of the House of Commons and much more by Mr. Musgrave and his partner who are sent up to the Parliament from the Country as Commissioners for that purpose yet they cannot be heard or finde any Justice against Mr. Barwis and the other Delinquents by means whereof both the Counties are in danger shortly to be lost and destroyed 4. Some Gentlemen of the Bishopricke of Durham long since complained to divers Parliament men of old Sir Henry Vanes wilfull loosing and betraying their Country being there Lord Lieutenant but by reason of his greatnesse could never be heard but in regard the substance of his charge is come into my hands from the hands of a Gentlemen of that Country now in London I have inserted here that you may read it as followeth only with this caution that seeing in the Copy I took it out of there were some interlynings at the latter end thereof that if a word should be displaced you would not therefore throw aside all the rest of it for I dare pawne my life the substance of it will be proved The Militia of the County of Durham was intrusted with Sir Henry Vane the elder to whom some Gentlemen of the Country repaired and desired his care therein which he omitting the Earl of Newcastle in August 1642. taking advantage thereof came into the County of Durham and to the Towne of Newcastle upon Tyne with divers Captaines Commanders not exceeding the number of 100. men to raise forces against the Parliament and by Michaelmas after he increased to 500. or 600. men at the most and Sir Henry Vane having Armes of his owne in his House at Rahy Castle sufficient to arme 100. men those Armes were carried by his two principall servants William Conyers a Popish Recusant and Henry Dingly his soliciter in his Law affaires to the Towne of Newcastle where they were delivered to one appointed by the Earle of Newcastle to receive them and Conyers and Dingley received a note for the receit of those armes All which being publikely known in the Country the people were much disheartned and for that the party intrusted with the Militia had furnished the enemie as aforesaid many were forced to take up Armes under the command of the Earle of Newcastle divers for feare fled out of the Country and others of them who staid longer were taken and imprisoned and shortly after the Earles Army increased to the number of 5000. and upwards as it was commonly reputed there being 39. Colours of foot and 25 Troops of Horse or neere thereabouts and the affected plundered in their Estates to their utter impoverishment Our humble desire is That no man that hath taken up Armes and served or been active in this unnaturall Warre against the Parliament or are Delinquents or willingly contributed thereunto be put into Commission or imployment or Administration of Justice untill the well-affected of the Country be heard concerning their offences and misdemeanours and the same be determined of in the Parliament c. This Information was presented to the Right Honourable the Earle of Essex in February 1643. by Richard Lilburne and his brother George Lilburne in the presence of Edward Wright Nicholas Heath John
Ewbanke and Michael Dawson all of the County of Durham ¶ The Copies of Colonell THO. MIDFORDS Certificate with others given under their hands THat about July 1642. Thomas Midford and George Lilburne went on purpose to the House of Sir Henry Vane the elder neere Charing-Crosse and there acquainted him of the freequent meetings of the Papists and their adherents in the County of Durham and that they did not onely gather together most of the prime Horses of the said County but did exercise them in Armes and trained the said Horse to the discouragement of all the true-hearted Protestants of the said County And that the Sea-ports of the said County were fit to betaken care of which the said Sir Henry Vane promised to take timely care of making shew that hee intended shortly to goe downe into the said County In the meane time desired the said George Lilburne and the said Thomas Midford to goe to the Deputy Lieutenants and acquaint them with the aforesaid Information and to tell them from him that he could not then write to them concerning the same but bid them take care thereof till he gave further Order The said Thomas Midford about the end of the said moneth comming into the said County went to Durham and did acquaint Sir William Darcie being then high Sheriffe of the said County Sir John Conyers and others at John Halls House in Durham of the same who returned the said Midford no other answer but well well and seemed to make no great matter thereof 18 June 1645. Tho. Midford In the yeere 1643 Nicolas Heath of Little-Eden in the County of Durham Esq came to Sir Hen. Vane senior in Westminster-Hall and told him that the County was in a very sad Condition and the Inhabitants utterly undone unlesse there were some present course taken for preventing of raising the forces which were then a gathering but Sir Henry Vanes Answer was That he never thought otherwise NIC. HEATH 18 June 1645. Mr. Henry Dingly died in Jan. 1644. at Charing-Crosse and lodged neer Sir Henry Vanes House testis John Marr Esq Clarke of the Kitching to the Prince Mr. William Conyers Steward of his Land hath continued in his service likewise and lived in Raby Castle ever since the carrying of the Armes from the said Castle to Newcastle upon Tyne till within these Foure moneths last past Testis Mr. George Lilburne and Col. Rob. Lilburne his Nephew June 2. 1645. 5. When Alderman Gurney was Lord Major of London the Citizens complained to the Parliament of him and others of his Brethren and also of the Recorder Gardner those that prosecuted the Cities busines was principally Alderman Folkes and Alderman Gibbs that Monopoliser and Mr. Gline now Recorder sate in the Chaire of that Committee but as soon as they had justled out those they complained of and set themselves downe in their places or Saddles rode and spurr'd the poor Commons of London as hard as ever the former did and troad in Strafford's pathes of Arbitrary Goverment as much as the former and the People sigh groane and cry out of their unjust bondage by the Lord Major present Recorder and Court of Aldermen and the Parliament look upon them with a slighting eye and afford them no helpe though the Commons of London have been chief Instruments under GOD of saving their Lives Liberties and Estates howbeit now they goe about to make them slaves for their paines it were well therefore the Commons of London would aske their Foure Burgesses if they did not send them to sit in Parliament to preserve and defend their Liberties and if they finde they have not performed their trust then to desire to choose Foure more Faithfull Carefull and stouter in their places and that the Commons of London are sensible of their being rob'd of their Freedomes by the aforesaid parties the Petition of divers of them presented to the whole Common Councell sitting in Guild-hall in Aprill last and since printed doth fully declare whereof a true Copy here followeth To the Right Honourable The LORD MAJOR and the Right Worshipfull the Aldermen and Common-Councell of the City of LONDON In Common Councell Assembled The humble Petition of divers Citizens of this Honourable City SHEWING THat the afflictions and sorrows of our hearts are unexpressable in regard of the manifold miseries that are upon us and thousands of our deer Brethren and fellow Citizens complaints being generall and very grievous As amongst many other I. That the Poore is in great necessity wanting wherewith to set themselves on worke their Children uneducated and thereby prepared to wickednesse and beggery II. That Trading is exceedingly decayed whereby thousands that have lived in a free and plentifull way are many fallen and are more falling into great extremity III. That Assesments are made very unequall whereby the Taxes laid upon the City are made burthensome and paid with much repining IV. That the Forces of the Citie are very much abated and that the Citie is not in a Posture of Warre answerable to its greatnesse or its danger And though there hath not been wanting continuall endeavours of juditious charitable persons to prescribe remedies for those grievances yet our miseries are such that we are in effect debarred from opening our griefes or proposing our remedies to any that hath power to help us For if wee motion our going to the Parliament immediately as was usuall and successfull in former times our mouthes are presently stopt with this prejuditiall rumour That the Parliament will not receive any Petition from the Citizens but by the Common-Councell whereupon few or none will move in that way though there be never so urgent necessities If wee propose to goe through the Common-Councell sad experience hath proved it so difficult to obtaine a Common-Councell that men are weary in pursuance thereof The Lord Major and Aldermen challenging to themselves Prerogative of calling Common Councells onely when they see cause also that nothing shall be debated but what hath been first presented to the Court of Aldermen and that after debate the Lord Major hath a negative voice or power to Null or frustrate all that hath been debated by refusing to put to Vote or by dissolving the Court at his pleasure By which Prerogative Rules if the Lord Major will not or cannot preserve the Citizens from miseries and destruction Will not heare our Complaints nor be sensible of our necessities The whole power of the chosen Common-Councell men may not interpose or use any meanes for our preservation and relief Wee willingly give all due honour to the Lord Major and Aldermen in referrence to their particular Offices But that the safety and well-being of so great a People should depend upon the understanding and affections of so few and that the whole City must be without a just means to preserve themselves or to remedy things that are any wayes amisse except the Lord Major and Aldermen will assent And that those whom the People yeerly
and place committed unto him ipso facto estate the Army in a right of disobedience even by standing on their own defence as the Parliament themselves doe and we also in helping them or else where had they been against the fury of the King which Salomon calleth like the roaring of a Lion except wee thinke that obedience binds men to cut their owne throates or at least their companions so as they truly teach us it is the equitie and not the Letter of the Law unto which wee must have recourse in our greatest necessity as the Parliament themselves were forced to doe and still doth in this their owne extremity But some will say that our bondage is not yet so bad as that of Aegypt was for all the Jewes were in great bondage under the Egyptions and yet many of ours are exempted unto that I yeeld and doe confesse that few of our great and mighty men doe either work the clay or make the bricks but they lay either all or most part of the burthen on the poor by heavy labour and sweat of their browes in the heat of the day not only in working the clay and making of the bricks but if they doe complaine to Higher Powers upon their cruell and Tyrannous Task-masters they are so farre from getting any kind of Justice that because they moaned and complained and groaned under such heavy and grievous burdens that they were not able any longer to beare or indure they are further ordained even for their complaining to gather stubble too because they are so idle Innumerable instances there are throughout these three mourning and bleeding Kingdomes to prove all these businesses but I will onely chuse a Citie instance and let every man who is in his profession after that manner grieved and wronged turne the simile home to himself according to his smart Though the poore Hat-makers who earne their living with heavy and hot labours both early and late doe pay Excise both for all the materialls and fire which they use for the bread they eate for the liquor they drinke and clothes they weare yet when they have made their Hatts and done all they can with great trouble and toyle day and night they are forced to pay Excise over againe out of their very labour notwithstanding it was both so deare and heavy in buying all the necessaries before O cruell pitifull lamentable and intollerable Bondage no longer to be indured suffered nor undergone the burdens being far heavier then the poore labourers can beare and yet the Spirituall Task-masters doe gape and roar like Lions for their prey of Tythes also over above and besides all without any kinde of pitie compassion or commiseration in these grievous daies of affliction When this Kingdom was in any way or possibility of subsistance the auntient custome was that Taxations should be raised by way of Subsidie which is the most just equitable and reasonable way of all for it sets every tub on its owne bottome it layes the burthen upon the strong shoulders of the rich who onely are able to beare it but spareth and freeth the weake shoulders of the poore because they are scarcely able to subsist pay rent and maintain their families But our new invented pay layes the burden heavily upon the poore and men of middle quality or condition without all discretion and scarcely maketh the rich touch it with one of their fingers yea many of them are more and more advanced in their prosperous estate through the great ruines distractions and miseries of the Kingdome by their great salleries they have for executing their places as 500 l. 1000 l. 1200 l. and more per annum besides all the bribes they get and the false Accounts they make So that in this life the rich have their pleasures but poore Lazarus paines Seeing the Parliament ordained that none should be accepted to be a Parliament-man that had been a Monopolizer to the Kings Counsell and false Judges against the Liberties of the free-men of England is it not as unjust to imploy any man in a place of Trust Credit or profit now in Parliament time that have been known to be a Monopolizer in any place or Office to or for the Parliament to the prejudice of the Free-men of England Further it was omitted in the former part of this book where complaint is made both of injustice to well-doers and no justice to evill doers that according to the Parliaments booke of Declarations pag. 259. and 260. Whosoever shall serve or assist the King in these Warres are Traytors by the fundamentall Lawes of this Kingdome and have been so adjudged by two Acts of Parliament 11. Richard 2. 1. Hen. 4. And pag. 576. of the said book It is declared by the Lords and Commons assembled in Parliament that whereas the King seduced by wicked Counsell doth make warre against his Parliament and People and for the promoting of that war divers forces both of horse and foot have been and are leavied and raised by severall persons and his Majesties good Subjects are most cruelly robbed spoiled and slaine To the end that no man may be misled through ignorance the Lords and Commons in Parliament declare that all such persons as shall upon any pretence whatsoever assist his Majestie in this warre with Horse Armes Plate or money are Traytors to his Majestie the Parliament and the Kingdome and shall be brought to condigne punishment for so high an offence Yea and according to the book of Articles for Warre pag. It is enacted to be death unto any whosoever who holdeth Intelligence and correspondency with the enemy All which Sir John Lenthall and the Speaker his Brother have done and yet it must neither be proved against them nor they tryed nor arraigned but altogether excused cleered and freed even by Vote of Parliament and the accusers both prisoned and arraigned for them yea a Committe chosen to devise and inflict punishments against the Accusers so that still the just are condemned and the wicked absolved Psal 9.18 19. For the needy shall not alway be forgotten the expectation of the poore shall not perish for ever Arise O Lord let not man prevail let the Heathen be judged in thy sight And 12.5 For the oppressions of the poor for the sighing of the needy now will I arise saith the LORD I will set him in safety from him that puffeth at him And 35.10 All my bones shall say LORD who is like unto thee which delivereth the poore from him that is too strong for him yea the poore and the needy from him that spoileth him And 37.14 The wicked have drawne out the sword and have bent their bow to cast downe the poor and needy and to stay such as be of upright conversation And 62.9 10. Surely men of low degree are vanity and men of high degree are a lie to be laid in the ballance they are altogether lighter then vanity Trust not in oppression become not vaine in robbery if
into the Chaires of all Committees where being accustomed to take fees they will under-hand protect delinquents and their concealed Estates with tricks and devices 4. The Reformation of Courts of Justice is a worke of absolute necessity without which though the sword of the Lord returneth again into its scabbard so that you have no warre yet you shall have no Peace but if you have many Lawyers they will never suffer any effectuall Law to passe for this purpose Because they yet move by the corruption and delayes of the Law then by the Law it self 5. It is necessary to make a Law for limitation of exorbetant fees extortion and prevarication or collusion amongst Lawyers as it is used in other Countries 6. It is necessary to limit the certaine number of practisers in each Court that they swarme not like Locusts over the land devouring and impoverishing it These blessings you will never attaine unto unlesse God give you the wisedom to avoide such Elections lay to your hearts sinne as well as the shame and smart of oppressions and transgressions of lawyers and you will finde that the cries of the oppressed have been a principall motive to draw downe Gods vengeance upon this mournfull Land Was ever so desperate a wound given to the Lawes Liberties and properties as the predetermined judgement of Ship-mony Who gave that blow Judges What were they Theeves cum privilegio Rege majestatis who bought Justice by whole-sale and sold it by Retaile Who assisted them Lawyers who undertaking to pleade for their Clyants against it pretending one thing and doing another thing for the most part and betrayed the Cause all to get favour and preferrment and yet such proceedings were both against the Judges and the Coronation Oath upon an extrajuditiall opinion collusively given for saith the Record Sacramentum Domini Regis erga populum suum habent ad custodiendum But our Judges though more wicked have the happinesse to live in a more wicked age and out-live their crimes paying onely a small part by way of fine and enjoying there to their stollen treasures and after they had made Peace as devouring as warre and the Law as cruell as the Sword who 's that is not a better Christian then these Brothers of the Coyfe brothers in evill will not cry out with Epicures that God takes no more care what men doe on this earthly balke then man doth what Ants doe on an Em●n●t-hill when Verres being Consull of Cicily had pilled that Province and other Pro-Consulls and Pro-Praetors were puni●hed for lesser Extortions he laughing at their foolish moderation vaunted to his Brother Ty●●●●kedes that he had got enough to buy the freindship of the Senate and commendation of a rich and Honourable man So our Judges enjoy their crimes and the prize and reward of them Nay they grow fatt and prosper upon the anger of God and man whilest this Land groanes under the sad weight of the Sword Pestilence and famine the effects of their inju●tice but through whose favour is it they have not expiated their Crimes with their blood and washed away the Guilt of the Land but the Lawyers who wisely consider it may be their own Case another day I have shewed you how unsafe it is to trust Mercinary-men with making or keeping of your Lawes I will epitomize what I have said in Pleniea's words in Panegyr ad Trajanum Heretofore we were laden with our Crimes now we are oppressed with our Lawes and it is to be feared least the Common-wealth though founded by the Lawes be confounded by the Lawes or rather by the Lawyers Likewise to this purpose read what the Authour reputed to be a member of the Assembly as well as he that writes the Brotherly and friendly Censure of Mr. Prinnes 4. late Queries in his Antidote against the same 4. dangerous Queries pag. 3. saith That if the thing be granted that he disputes for Judges will be taught That they judge not for man but for the Lord who is with them in judgement people will grow more peaceable and free from continuall contentions Lawyers shall not get the wealth of the Land into their hands by fishing in troubled waters incouraging men in unlawfull and quarrelous suites pleading wicked Causes for large Fees prolonging suites and making men spend in long suite unto twise the value of their just Right and debt for which they sue and by taking treeble fees and keeping them though they faile their Clyant and have beene imployed at other Barres when his Cause was to be pleaded Godlinesse and true Religion being increased by faithfull Preaching and godly Discipline in the hearts of men will make the Common-wealth free from the necessity of many Lawyers which the learned Philosopher held to be a Plague in a State and Kingdome and therefore it is no marvell that the corrupt ones of that Profession are deadly enemies to the Maintenance Honour and other incouragements of the true Ministery of the Gospel Also Read what that honest Author and true principl'd Common-wealths man of the little booke intituled A Helpe to the Right understanding of Mr. Wil. Prynne saith of Lawyers and lay all the aforecited Authors together and you will easily finde they make it evidently appeare that there is as little use of Lawyers to be in the House of Commons as there is of a Plague or Pestil●nce or of the Bishops and Popish Lords in the Honourable House of Peeres their Interest being both as Delatory and as destructive to the true Peace Prosperity and well-fare of the Common-wealth of distressed England for the procuring of which as principall helpes and meanes under the powerfull and wise disposing Providence of the Lord JEHOVAH who in his owne due time as Mordecai said to Esther Est 4.14 and Isa 63.3 when all means faileth is alone able without and beyond all meanes to bring Salvation by his owne out-stretched Arme Yet let not us be idle or secure but observe and indeavour these insuing means for our part I. By Petitioning and by all other lawfull wayes and addresses strive to procure from the Parliament and all other just Authority that they according to their duty Oath and Profession yea and our trust reposed in them will Administer JVSTICE impartially according to that loud and earnest desire of distressed and Imprisoned Lieutenant Colonell LILBVRNE in that late Letter which frequently is called his and according to those sad and lamenting Expressions in that just complaining Epistle of an Utter Barrester to his speciall freind called Englands Misery and Remedy and that without turning either to the right hand or to the left or knowing of any Relation either to Father Mother Sister Brother Kinsman or other or without regarding of any Faction either Popish Episcopall Presbyterian Independant Separate or Anabaptist but Cordially to doe every one Justice because it is just and severely to punish all perverters of Justice whosoever they be one Moneths doing of which would procure the Parliament
was altogether such a one as thy self but I will reprove thee and set them in Order before thine eyes Now consider this yee that forget GOD lest I teare you in pieces and there be none to deliver Whoso offereth praise glorifieth me and to him that ordereth his conversation aright will I shew the salvation of God But as the Prophet Jeremiah saith chap. 23. c. But this people hath a revolting and rebellious heart they are revolted and gone neither say they in their heart let us now feare the Lord our GOD that giveth rain both the former and the latter in his season hee reserveth unto us the very appointed weeks of the harvest your iniquities hath turned away these things and your sinnes have withdrawen good things from you For among my people are found wicked men they lay wait as hee that layeth snares they set a trap to catch men As a cage is full of birds so are their houses full of deceit therefore they are became great and waxed rich They are grown fat they shine yea they overpasse the deeds of the wickod they judge not the cause the cause of the fatherlesse yet they prosper and the right of the needy doe they not judge Shall I not visite for these things saith the Lord shall not my soul be revenged on such a Nation as this A wonderfull and horrible thing is committed in the Land the Prophets Prophesie falsly and the Priests heare rule by that means and my people love to have it so and what will yee doe in the end thereof But to returne to our former matter especially the grievances of the Nation through the mistake of the Printer in omitting of some Manuscripts and the absence of the Author when the Monopolies in the former part of this Book were expressed as chiefly that soul-starving or murthering Monopoly in hindering the free passage of the Gospel by extorting the prices of Bibles which the false self-loving Stationers as deadly enemies to all goodnesse have been enterprizing a long time to obtaine and against all common freedom to engrosse into their owne hands the sole and only selling of them by which meanes they intend to sell at what rates soever they please though already they sell at double the rate that honest wel-affected Common-wealths men may print and sell them and also be conscionable gainers by them So of all Monopolies or Patents next the monopolizing of ingrossing the Preaching of Gods Word into the Tything and gripeing clawes of the Clergy this is the most wicked and intollerable because it deprives many both poore servants and others of meane condition to buy any Bibles at all by reason of the extraordinary dearth or dearnesse of them that thereby they might be instructed in the way to heaven and happinesse and taught their duty also towards their Masters and the Magistrates whereby it is evident that those Stationers thus enterprising are self-seekers and as great enemies to the Common-wealth as they are to all goodnesse And besides they employ the Bishops old Theeves and Roagues about their robbing affaires as Hunscott their Beadle for one and a tall pale-faced fellow for another who lately with their base crue of robbing Partners under pretence of Parliamentary Authority to search for dangerous Bookes have robbed divers honest mens houses in London who have been the Parliaments best freinds and servants and particularly Lievtenant Colonell Lilburnes house who being Prisoner in New-gate and his wife with him and the great with Childe neer her time those robbers took advantage of their absence And none being in the House but an old Gentle-woman at that time whom they much frighted as they did a young Gentle-woman in another place to the great danger of her life insomuch that she cryeth out in her extreame-Fever Hunscott Hunscott they ranne up into the Chambers stole out of his wives Drawers divers pieces of her Child-bed linnen and such other things as they pleased and refused to shew the Old-woman what they had stollen though shee earnestly intreated them And in other the Parliaments freinds houses under the colour of Parliamentary Authority they at least doe rob all choice old books as well as new upon all occasions of such grievous oppressions and unexpected persecutions And not only hath this base fellow Hunscott this so needfull and profitable Office of Robbing but it is reported that hee hath also another as needfull and profitable for he gathereth the Excise for Cattell and Hats c. which with the former is esteemed to be worth 500 l. per annum to him Oh! what a cleer demonstration of future and intended slavery may be well and cleerly perceived by any who have but halfe an eye to begin againe among us though after more hidden and obscured wayes then formerly when such sturdy Roagues bold Robbers shamelesse covetous and impudent Tyrants as this or his fellows are authorized and sent from high Judicatories upon such ungodly barbarous designes inhumane enterprizes yet found good enough also to be imployed in the great Affaires of the Kingdom Is there never a conscientious nor honest man left unkilled exiled or imprisoned that hath the feare of God done good faithfull service to the State there would be some colour of excuse that such abjects and off-scourings of mankind should be accepted and well-deserving worthy men quite rejected Well these are brave times for the wicked who are advanced by the ruine of the godly the allowed thiefe permitted to rob and destroy the honest man the rich to rob plunder and sequestrate the poore untill they can get no more but when they have gotten all and done with all what they please it rests only that the poore also in their turne render them the like measure and finde out their Riches for the States service which all this heavy time they have saved whiles poore mens estates have been exceedingly destroyed But as the Water-men at Queen-hive doe usually cry Westward hough hough so according to the present current of the times most honest men have more then cause to cry in the Water-mens language Aegypt hough hough the house of Bondage slavery oppression taxation heavy and cruell heavy and cruell wee can no longer beare it we can no longer beare it wee can no longer beare it wee are as much provoked forced to cast off all our yoakes and crosses from our shoulders except only that of Persecution as ever any people or Nations though no People or Nation under heaven have been more free beneficiall and helpfull to those whom wee intrusted to help and deliver as from Oppression which saith the Wise-man is enough to make wise-men mad According to the Parliaments Declaration in their own words expressed on the second page of this book is it not justly said that in the Generall of an Army should turn the mouthes of his Cannons against his owne Souldiers would not that his attempt contrary to the nature of his trust