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
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
stile to be given to the House of Commons single was accounted an abominable wickednesse in the eye of the chiefest of them Yea I also know the time and am able sufficiently to justifie and prove it that they were absolutely resolved and determined to pull up this their own Parliament by the roots and not so much as to leave a shadow of it frequently then calling it a MOCK-POWER and a mock-MOCK-PARLIAMENT yea and had done it if we and some in the House of our then friends had not been the principall instruments to hinder them we judging it then of two evils the least to chuse rather to be governed by the shadow of a Parliament till we could get a reall and true one which with the greatest protestations in the world they then promised and engaged with all their might speedily to effect then simply solely and onely by the wilâ— of Sword-men whom we had already found to be men of no very tender consciences But to me it is no wonder that they own this for the supreme Power seeing they have totally in Law Reason and Justice broke the Parliament and absolutely by the hands of Tho. Pride set up indeed a MOCK-POWER and a MOCK-PARLIAMENT by pâ—rgiâ—g 〈◊〉 all those 〈◊〉 they 〈…〉 way jeolous of would not vote as they would have them and suffering and 〈◊〉 none to sit but for the major part of theâ— a company of absolute School boys the will like good boyes say their lessons after them their Lords and Masters and 〈◊〉 they would have them and so be a screen as yong H. Vane used to call the King betwixt them and the pâ—ople with the name of Parliament and the 〈◊〉 and imperfect image of legal and just Authority to pick their pockets for theâ— by Assessments and lâ—xâ—â—ions and by their arbitrary and tyrannicall Courts 〈◊〉 Committees the best of which is now â—ecome a perfect Star chamber High-Commission and Councel board 〈◊〉 them their perfect slaves and 〈◊〉 their constant and coâ—tinuall breaking and abasing of their spirits a thing so much complained of against the Eâ—rl of Strafford by the late Parliament 〈◊〉 his tryal especially in M. Pym's notable Speech against him pag. 7 as it is printed 1641 at â—he latâ—r end oâ— a book called Speeches and Passages where speaking against Oppression and the exercise of a tyrannicall and arbitrary powâ—â— the Earl of Stâ—afford sins which now are become more the great mens of the Army â—e saith It is inconfistent with the peace the wealth the prosperity of a Nation it is destructive to Justice the mother of peace to Inductry the spring of wealth â—â— Valour which is the active vertue whereby the prosperity of a Nation can 〈◊〉 be procured confirmed and inlarged It is not only ape to take away Peace and so intangle the Nation with Wars 〈◊〉 doth corrupt Peace and puts such amalignitie into it as produceth the effects of War as he there instanceth in the Earl of Straffords Government And as for Industry and Valour Who will take pains for that saith he which when he 〈◊〉 gotten is not his own or who will fight for that wherein he hath no other intâ—â—est but such as is subject to the will of another The ancient incouragement to 〈◊〉 that were to defend their Countries was this That they were to hazard their persons pro aris socis for their Religion and for their houses But by this arbitrary way which was practised by the Earl in Ireland and counselled here â—â— man had any certainty either of Religion or of his House or any thing else to be his own But besides this such arbitrary courses have an ill operation upon the courage of a Nation by IMBASING THE HEARTS OF THE PEOPLE A servile condition doth for the most part beget in men a slavish temper and disposition Those that live so much under the Whip and the Pillâ—ry and such SERVILE engines as were frequently used by the Earl of Strafford they may have the dregs of valour sullenness and stubbornness which may make them prone to mutinies and discontents But thâ—se nobie and gallant affections which put men on â—rave designes and attempts for the preservation or inlargement of a Kingdom they are hardly capable of Shall it be treason to embase the Kings coin though but a piece of Twelve-pence or Six-pence and must it â—â— needs be the effect of a greater â—reason to EMBASE THE SPIRITS of his Subjects and to set a stamp and CHARACTER OF SERVITUDE upon them when by it they shall be disabled to doe any thing for the service of the King or Common wealth O most excellent and transcendent saying worthy to be writ in a â—able of gold in every Englishmans house But Sir I say No wonder all the things foregoing rightly 〈◊〉 〈◊〉 â—â— own you now as Thomâ—â— Pride hath made you for the 〈…〉 of the Nation although before they would neither submit to the Kings not the Parliament when it was a thousand times more unquestionably 〈◊〉 Law and Reason then now you are but fought against both King and Parliament their setters up conquered them repelled them subdued them and broke them both and so pull'd up by the roots all the legall and visible Magistracy and Authority in the Nation and thereby left none but themselves who stand in parallell to none as they have manage â— their businesse but to a company of murderers theeves and robbers who may justly be dispossessed by the first force that are able to do it as Mr. Pyâ— undenyably and fully proves in the foresaid Speech pag. 3. 9. 11. no pretended Authority that they of themselves and by their swords can set up having in the sight of God or man either in Law or Reason any more just Authority in them then so many Argier Pirats and Robbers upon the Sea have And so much in answer at present to the forementioned part of the Generals Declaration But now to return back after this necessary Digression to my own Sâ—â—â—y of going down into the North where c. I received of my 3000 l. allotted me for my hard suffered for deer purchased and long expected Reparations 400 l. of Sir Arthur Hasterig for sequestred Coles and Iron of Mr. Bowes's and got besides betwixt 100 and 200 l. in Rents Free-quarter and Taxes having eat out the bowels soul and life of them being served in the wood allotted me the principall thing in my eâ—e by old Sir Henry Vanâ— my old bloâ—dy enemy as is in part declared before in page 15 and 16. who hath Treason and crimes enough upon him not onely to throw him out of the House if it were any but also to send him to a Scaâ—â—old or Gallows as is very notably declared in print in England's Birth right pag. 19. 20. 21. in which pages you may read his Charge of High Treason exhibited against him to the Earl of Essâ—x in anno 1643. by severall Gentlemen of the County of Darham for
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
severall Aâ—pliâ—â—tions to some of their Judges and some Parliament men for them and particularly with Colonel Temple Governour of the Fort near Graves End and delâ— with him upon their own Principals as the most probablest to doe the Prisoners good and to save their lives which I confestâ— I much laboured for and my Discourse with him 〈◊〉 to this â—ffect at the House doore Sir I beseech you let me aâ—k you one question What 's that saith he It is whether you think youâ— House intend in good earnest to â—ake away the lives of the Lord Capel c or whether they have only caused them to be condemned in terrorum without all controversie said he they intend to take away their lives and it is but just they should and doe not you believe so No indeed Sir doe I not and â—â— you please I will give you some part of my Reasons therefore I pray let me have them Well then Sir said I to say nothing of the Jurisdiction of the Court by which they were tryed which is very questionable to me noâ— of the power of a Parliament to erect such a one nor yet of the questionablenesse of the legality of your single House nor of the clearnesse of the letter of thâ— Law oâ— their sides which now the King being gâ—ne might put you oâ—â— of feare of the future power of these men and make you now 〈◊〉 at your mercy and you out of fear of present hurt by them seriouslâ— to weâ—gâ— the Quaâ—â—ell betwixâ— you and theâ— in an equall and just balance which if you do I am sure you will 〈◊〉 it very dispâ—â—eable in Law and something in Reason too considering many of youâ— late actions especially if you consider youâ— ever avowedly nor throughly stated your Cause but begun it upon Commissions for King and Parliament force â—â— people to take the Oath of Allegiance and Supremacy Protestation and two Covenants â—â— all which you force the people to swear to maintain the Kings Person Crown and Greatnesse and this 〈◊〉 the Wars begun letting all Writs and Processe of Law 〈◊〉 in his Name and thereby your selves mâ—ke him as it were Alpha and Omega to the pâ—ople yea and in severall of your Declarations fince the quarrell you call him the fountain of Honour and averr he can do no wrong See 1 part Book Decl. pag. 199. 304. All which doings of yours are enough to make men siâ—â— with the King especially those that have great Estates if it be for nothing but safetie's sâ—ke alone But I will laâ— all these aside and argue with you more closely upon principles that you cannot dispute against 1. And therefore in the first place The Law of England pâ—â—lished by your selves saith expreslâ— No man of England in things concerning lifâ— shall be judged twâ—â—â— for one fact but if once judiciallâ— tryed and acquitted he never more by Law can be questioned again for that crime though indeed and in truth he be never so guilty of it and though it be never so criminous in it self otherwise there would never be end nor safety And for the proof thereof I then â—ired â— YERS Case at the Sessions of the Peace holden at Norwich in the 32 yeer of Qâ—een Elizabeth and the Judgeâ— opinions thereupon which is notably recorded in Cooks 3 put Institutes chap. 104. of falsifying of Attainders fol. 230. And my own Case at Oxford which was to this effect Being at the Fight at Brainford which was upon the 12 of Novemb. 1642 taken prisoner in Arms against the King and his party I was carried captive to Oxford Castle where not long after my arrivall the Lord Dunsmore the Lord Matrevers the Lord Newark and the Lord Aâ—dâ—ver came to the Castle to me from the King as they said and proffered me from himself great matters so I would crave his â—â—don for the treason I had committed against him in being in arms against him and foâ—sake the traiterous Parliament and return to my obedience as they called it to the King but being then as able in my own thoughts as any private man in England to argue the equiâ—â— and Justice of the Parliaments Cause I was then knowingly ingaged in by the hopes of the performance of their many gallant promises to make people of England free and happy their then only declared aâ—m and end â—nd in whose quarrell I would then have laid down a thousand lives if I had had them and for the greatest part of an hour together by dinâ— of Argument grounded upon Law and Reason scâ—â—ning and 〈◊〉 all 〈…〉 of Honour Riches and Greatnesse I â—eld them in play so hoâ—ly that they â—â—ll 〈…〉 with me and gave up their disputing buâ—â—lers tâ—â—eatning to hang me 〈◊〉 for a grand Traitor without any more adoe At which I laughed and desired their 〈◊〉 to tell me which way they would go to work to take away my life now they had given me quarter Well say they We have two strings to our bow And in the first place we will arraigne you for a Traytor for being the chief or Generall of the Preutiâ—â—t that câ—â—e dâ—â—â— to Westminster and White Hall and forced the House of Pâ—ers and drove away the King from his Parliament and so begun the Warrs Unto which I replyed Alâ—sse my Lords you will be far mistaken there And I cannot but wonder that your Lordships should so undervalue your own Honours and Reputations as so much as once now to mention this Why Sirrah said one of them Why my Lord Because your Lordships may remember that the 3 of May 1641. the King caused Warrants to issue out to apprehend me as a Traytor for this very thing and others depending upon it and as a traytor I was apprehended by his Messengers one of which that night kept me prisoner as a Traitor and the next morning I being 4 of May 1641 as a Traytor I was brought by him to White Hall where aâ— I remember old Sir Henry Vane and Mr. Nicholas were appointed by the King himself to carry my Impeachment to the House of Peers at whose Bâ—r I that day appeared not then understanding their Jurisdiction and was there that day in your way arraigned for my life and one Littleton the Lord Keepers Kinsman swore most biâ—terly against me but upon further examination of witnesses and hearing with patieâ—â—â— my own Defence for my self I was by your whoâ—e House who lookâ—d upon themâ—elves as the highest Judicatory in England honourably and nobly 〈◊〉 a◠〈◊〉 â—â—nocent and fâ—â—e of the Kings accusation of which my Lords said I then let me plainly tell yâ—u if I were guilty you were a company of â—â—righteous and unjust Judges for freeing me from that Accusation but my Lords being judicially tryed therefore and acquitted by your selves who if my memory fail me not I â—aw all at that Tryall and by your whole House then extraordinary 〈◊〉 as ever I saw iâ— who judge your selves the highest Judicature in England
the Kings Bench-Bar to try me for my life unto whom if I stooped I was sure to be gone being already prejudged Again I shall also acquaint you with the severall Discourses Mr. Hollanâ—â— Mr. Hunt c. had with me about these Businesses and the large proffers I had from them yes and from Mr. Alexander Rigby as the mouth of Sir Henry Mild may the 〈◊〉 Agent who had Commission as he said to proffer â—â—e and my Comrades â—â—ge places and preforments so we would sit still and let the Grandces goe on with their work Which I with detestation refused at the house doore the very FORENOON I was adjudged a Treytor and thereupon the same day in the Afternoon the Votes of Treason past against me c. and my Second part of Englands New-chairs discovered And seeing the Businesse of Scroâ—â—'s men is wrongfully father'd upon me who never will incite Souldiers nor others to declare upon any thing else but our printed Agreement of the 1. May 1649. and that when they do draw their Swords against their General c. they shall throw away their Scabbards and rather fight with him then treat with him without either resolving to give or take Quarter yet I say seeing this is put upon my scoâ—e I hope I shall evidently make it appear comparatie comparaâ—â—â— That I am able to give 99 in the handred to any Champion the Generall hath in England and from Scripture Law Reason and their own Declarations to make their action appear more just 〈◊〉 the Generals severall Rebellions against the Parliament his Creators and extraordinary good Benefactors or his Rebellion and the Parliaments against the King in the love Warrs And lastly I shall shew the falseness and malignity of the late DISCOVERERS designe of fathering upon me c. all the erronicus tenents of the poor Diggers at George hill in Suâ—rey laid down in their late two avowed Books called The true Lâ—vellors Standard and The new law of Righteousnesse to which they have have annexed their names The Râ—adâ—râ— taking notice of which alone may be an answer to all that abominable lying late Book called The DISCOVERER And so Mr. SPEAKER thanking you for some late kindnesses in your House I received from you I take leave to subscribe my self An honest and true bred free Englishman that neveâ—â— in his life feared a Tyrant nor loved an Oppressor JOHN LILBURN From my close unjust and causelesse Captivity without allowance the legall right of all men in my case in the Tower of London this 8. of June 1649. The first yeer of England's declared Freedom by the lying and false pretended Conservators thereof that never intended it FINIS * 1 Part. Book Dec. pag. 172 195 214 281 342 464 494 497 498 663 666 673 750. * Was this wicked and illegall in the King and can your denying my wife as in my present imprisonment you have don so much as to see me or speak with me or bring me food to preserve me alive be legall just and righteous in you Let God and all righteous men judge betwixt you and â—â— in this particular †As particularly that old guilty Traytor Sir Henry Vane who was one of the principall men that passed that bloody murdering Sentence in the Star chamber against me in the yeer 1637 and whose power by his crafty Machiavel Sons interest young Sir Henry kept me above eight yeers together in suit in the House of Commons that I could not get one dram of Justice or reparation against my Star-chamber Judges although the purfuing of that Suit one way and other cast me above a thousand pound Yet at lest when I got aâ— Ordinance for 3000 li. for reparation me from those that did me wrong but from the Common-wealth's Sequestrations yet in the passing of that Ordinance steps up John Blackston in the House one of Vane's creatures for the many thousand pounds sake of the Common-wealths money he hath helps him to and he gets all confideration of interest for the forbearance of the money cut off so that it would be many yeers before the whole sum abhorted would come in onely there was a thousand or fifteen hundred pounds worth of wood feld of Sir Henry Gibs in Brandsborth Park which Sir Henry Vane by his pounds in the Knights absence and mine both gets an Order to possesse although he hath no right unto it so that my 3000 l. will be well nigh this ten yeers before the annuall rent of the Lands allotted will bring it in which will scarce be Use for the Principall Of all which usage when I come out of the North to the Citie immediately after the execution of the King â— compâ—â—ined to Sir Arthur Hasterig then my familiar friend and begg'd of him to deliver a Message for me to Lieut. Gen. Cromwel in which I acquinted him step by step how old 〈◊〉 Henry Vane had without cause for this twelve yeers together sought my bloud and had got a good part of it and I knew that Litus Gen. Cromwel had by his son's similiarity with him been of late the staffe and stay of the old Traytor and therefore I desired him to tell him I thought 〈◊〉 had been out-folling enough betwixt Cromwel and me already occasioned by himself but for my part I desire to have no more jarring betwixt us and therefore did earnestly intreat him to let old Henry Vane and me alone instand or sallâ—y our selves For seeing he would never give over the pursuing of my lifes I must be forced to have much to his for I told Sir Arthur I was resolved either to impeach him or indict him for a Traitor in betraying all the North of England to the Earl of Newcastle and sending his Magazine of Arms to him to Newcastle from Raby Castle assuring him moreover that if L. G. Cromwel would yet protect him for all his greatnesse â— would try another fall with him cast iâ— what it would but as if it were the highest treason in the world for any 〈◊〉 in England but he that is a Parliament man to say that blacks the eye of any man in that House old Sir Henry and young Sir Henry Vane are both endeavoured by King Nol to be brought in againe to the House having been formerly excluded for three quarter Cavaleers and to be 〈◊〉 Members of the New Councell of State and King Nol by his Beagles at the Counsel of War 〈…〉 Vote to passe to desire him to get a saw made by the House to authorize that bloudy and 〈◊〉 Councell to hang poor peal-garlick or any other that they should judge worthy of 〈◊〉 so that here was a fine morse-trap for old and young Vane to catch poor John in not obtained 〈◊〉 doubt of the greatest engagement in the World to be King Nols Slaves Vassals to ingage with him and drive on any interest be would have them for his so seasonable help of them at this 〈◊〉 great time oâ— need against furious Iohn as they call him who in Feb. last offered a 〈◊〉 of Parliament where S. Arthur then sate Chairman upon his life upon the Authority of that own Ordinances to prove old Sir Henry his son Sir George Vane both Traytors to â—â—y them to transport their souldiers for Ireland out of their states their trayterous Confederates in the County of Durham 50000l and earnestly begd of S. Arthur the Committee to 〈◊〉 the House herewith but the next news I hear King Olivers paws was laid upon poor Iohn◠〈◊〉 he and his Cozen Prince Arthur come to burn their fingers before they and John hath 〈…〉 Oliver thanke himself and leave Trayterous old Sir Henry Vane and his wicked sons to 〈…〉 their own legs without the help of his Crutches the next time
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
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
divers of them an exact account how they had dealt with us and couzened and deceived us and so absolutely discharged my self for medling or making any more with so perfidious a generation of men as the great ones of the Army were but especially the cunningest of Machiavilians Commissary Henry Ireton and having an exact copy of what the greatest part of the foresaid sixteen had agreed upon I onely mended a clause in the first Reserve about Religion to the sense of us all but Ireton and put an Epistle to it of the 15 of December 164â— and printed it of my own accord and the next day it came abroad about which Mr Price the Scrivener and my self had a good sharp bout at Colonel Tâ—â—bburn's house within two or three dayes after where I avowed the publishing of it and also putting my Epistle to it of my own head and accord And after that I came no more amongâ—â—hem but with other of my friends prepared a complaint against their dealing with us and a kinde of Protest against their proceedings which with my own haâ—d I presented to the Generals own hands at the News the 28 of December 1648 being accompanied with Major Robert Cobbet Mr. Thomas Prince Mr. George 〈◊〉 â—â— Mr. Robert Davies Mr. Richard Overton Mr. Edward â—eâ—ch Mr. Dâ—â—iâ—l Liâ—ton Mr. William Bottom Mr. John Harris Mr. Thomas Dafferne Mr. Thomas Goddard Mr. Samuel Blaiklock Mr. Andrew Dednâ—m Mr. John Walters and Mr. Richard Pechel and which was immediately printed by Ja. and Jo. Moxon for William Larner at the signe of the Black Moor neer Bishops-gate within two or three dayes of the delivery of which I went towards my Journey to Newcastle and about five weeks after my arrivall in those parts I heard that the General and his Councel had presented their Agreement to your House which when I read the title page of it I found it to be upon the 20 of January 1648 which is compleat 35 dayes after my publishing of that which is called ours And yet in the third and fourth pages of a Declaration of the proceedings of the General in reducing the late revolted Troops appointed by his Excellâ—ncy and his Councel of VVar to be printed and published May 22 1649 and signed by their Order Richard Haâ—ter Secretary and first printed at Oxford and then re-printed at London May 23 1649. I finde these very words viz. The grounds and manner of the proceedings of these men that have so much pretended for the Liberty of the people have been as followeth There was a paper stiled the Agreement of the people framed by certain select persons and debated at a generall Councel of Officers of the Army to be tendered to the Parliament and to be by them commended over to the people of the Nation It being hoped that such an Expedient if assented unto at least by the honest part of the people that had appeared for this common Cause to which God hath so witnessed it would have tended much to settlement and the composing of our differences at leâ—sâ— have fixed honest men to such grounds of certainty as might have kept them firm and entire in opposing the common enemy and stand united to publick Interest The generall Councell of the Army and the other sorts of men going then under the name of Levellers so baptized by your selves at Putney who by their late actings have made good the same which we then judged but an imputation had as now it appears different ends and aims both in the matter and manner of their proceedings That which was intended by those men was to have somewhat â—â—dred as a test and coertion upon the people and all sorts of men and Authorities in â—he Land That which these to wit the Councell of the Army aimed at was to make an humble Representation of such things as were then likely to give satisfaction and unite and might be remitted to MENS JUDGMENTS to be owned or disowned as men were satisfied in their consciences and as it should please God to leâ— men SEE REASON for their so doing that so it might not be onely called â—â— Agreement but through the freedom of it be one INDEED and RECEIVE IT'S STAMP OF APPROBATION FROM THE PARLIAMENT TO WHOM IT WAS HUMBLY SUBMITTED HEREUPON THOSE OTHER MEN TOOK so much DISSATISFACTION that they forthwith printed and spread abroad their paper which was different from that of the Army using all possible mâ—ans to make the same to passe but with how little effect is very well known And finding by the Armie's application to the PARLIAMENT that they were likely according to their duty to STAND BY AND OWN THEM AS THE SUPREME AUTHORITY OF THE NATION they have by all means assayed to viâ—â—pend that Authority presenting them to the people in printed Libâ—ls and otherwise as worse Tyrants then any who were before them In which passage of the Generals and his Councel I shall desire to observe these things which plainly to me are in the words and if they can make it appear that I mistake their words as they are laid down I shall cry them mercy First That they give a false and untrue Narrative of the original occasion of that Agreement to which by our importunate importunity they were necessitated and drawn unto that little they did in it as a Bear to the stake as is truely by me before declared and which as the sequell shews they undertook meerly to quiet and please us like children with rattles till they had done their main work viz. either in anâ—hilating or purging the House to make it fit for their purpose and in destroyng the King unto both which they never had our consents in the least that so they might have no opposition from us but that we might be lull'd asleep in a fools paradise with thoughts of their honest intentions till all was over and then totally lay it aside as they have done as being then able to do what they pleased whether we would or no for if they ever had intended an Agreement why do they let their own lie dormant in the pretended Parliament ever since they presented it seeing it is obvious to every knowing English eye that from the day they presented it to thiâ—â—our they have had as much power over their own Parliament now sitting as any School-master in England ever had over his Boys But to them it was presented who scarce ought to meddle with it on purpose that there without any more stir about it it might be lodged for ever For alas an Agreement of the People is not proper to come from the Parliament because it comes from thence rather with a command then any thing else so that its we and not they that really and in good earnest say it ought not to do but to be voluntary Besides that which is done by one Parliament as a Parliament may be undone by the next Parliament but an Agreement of the People begun and ended amongst
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.
three quarters of four of the House of Commons and so committed the affairs of Parliament to a few which was never intended by the iâ—powerers but hath always been holden to be against the honor and dignity of a Parliment and that no such Commission can or ought to be granted no not by a â—egall Aâ—â—hâ—rity if self see 4 part Cooks Institutes fol 42. chap. High court of Parliament and send whom of them he pleaseth to prison without charge or declared crime and to stand at the House door in a warlike posture with Swords and Muskets to keep ouâ— whomsoever he pleased against the Law and constitutions of Parliaments which â—ught 〈◊〉 Sit free from the force of Armed men 4 part Institut and let none goe into the House bâ—â— only those that he knew or did beleeve would vote AS HE AND HIS Masters WOULD HAVE THEM For shame let no man be so audaciously and sottishly void of reason as to call Tho. Prides pittifull Junâ—o a Parliament especially those that called avowed protested and declared again and again those to be none thâ—t sate at Westminster the 26 and 27 c. of July 647. when a few of their Members were seared away to the Army by a few houres Tumult of a â—ompany of a few disordred Apprentices And being no Representative of the people no nor so much as a thadow of it much lesse a PARLIAMENT with pretence in Law reason Justice or Naâ—â—â—e can there be for them to alter the constitution of successive and frequent Parliaments and force upon the people the shew of their own wils lusts and pleasures for Laws and rules of Government made by a pretended everlasting nulled Parliament a Councel of State or Star-chamber and a Councel of War or rather by Fairfâ—â— Cromwell and Ireton And so much for my unsati â—â—ednesse in the present Authoritie But secondly In case the Justices either in Law or by reason of the power that now rules England had to my understanding been a thousand times lesse unquestionable then it is and had neither against the rules of reason ejected two parts of three to set up themselves nor outstrip'd its Commission in sitting longer then they should nor never had been forced onâ—e by the Apprentices which the Army called and declared Treason â—nd thâ—se that remained a mock and pretended Parliament and if so theâ— it was dissolved â—â—ing sine die and could legally meet no more at all nor once forced by the Army and then the second time not onely forced but pick'd and culled and one of four left behinde by means of which it was totalâ—y dâ—stroyed and annâ—h lated and none left in a manner but such as â—ould dâ— what those that left them would have them I say if none of all this had been I could not with freenesse of my own spirit live upon the sweat of poor peoples brows by a large Salary for my place who are â—â—in now their Trades are gone their estates spent for the intâ—â—â—ed recovering of their freedoms of which notwithstanding they are cheated and that by their pretended friends and a famine come upon some parts of the Land and thousands ready to starve to pay taxations and Excise for the small beer they drink and the poor clothes they wear thousands of Families having never a penny in the world to buy bread for them their wives and children but what they earn with the sweat of their brows and notwithstanding are almost as much without work as without it and yet out of the bowels and pining bellies of these poor people in this sad and deplorable condition must my salary have come in case I had taken a publick place upon me Therefore when I seriously consider how many men in the Parliamenâ— and else-where of their associates that judge themselves the onely Saints and godly men upon earth that have considerable and some of them vast estates of their own inheritance and yet take five hundred one two three four five six thousand pounds per annum salaries and other comings in by their places and that out of the too much exhausted publick Treasury of the Nation when thousands not onely of the people of the world as they call them but also of the precious and redeemed Lambs of Christ are ready to sterve for want of bread I cannot but wonder with my self whether they have any conscience at all within them or no and what they think of that saying of the Spirit of God That whoso hath this worlds good and seeth his brother hath need and shutteth up his bowles of compassion from him which he absolutely doth that any way takes a little of his little from him how dwelleth the love of God in him 1 John 3. 17. These actions and practiceâ— are so far from being like the true and reall children of the most high that they are the highest oppression theft and murder in the world thus to rob the poor people in the day of their great distresse by Excise Taxations c. to maintain their pomp superâ—â—uities and debauchery and many of those from whom they take it do perish and sterve with want and hunger in the mean time and be deaf and adamant hearted to all their TEARS CRYâ—S LAMENTATIONS and MOURNFUL HOWLING GROANS without all doubt these pretended godly religious men have got a degree beyond those Atheists or fools that say in their hearts There is no God Psal 14. 1. and 53. 1. And these are my reasons with my resolvednesse of walking by a known rule amongst men the declared Law of England for not taking a publick place upon me though I have often been profâ—ered considerable ones yea that very fore-noon the Votes of Treason passed in the House against that honest Book or Addresse for which I am imprisoned called THE SECOND PART OF ENGLAND's NEW CHADâ— DISCOVERED In the third place I considered with my self that seeing I could do neither of those then I must do one of these two first â—ither â—ollow a Trade or else Go and bâ—y 〈◊〉 farme some Land in the Country and when I considered the grand oppressions there as by Tythes which is not onely annually the tenth part of the Husband mans profâ—t to the lazy antichristian time observing Priests but annually the fourth part of his increase labour hâ—zards yea and stock too which Tythes I should sooner 〈…〉 then pay and not onely so but also the Taxations and Excise with that un 〈◊〉 gulf of free-quarter by means of which a great Officer that bore me a spleen amongst whom I have enemies enough with a Pegiment or more or fewer in two or three nights with free-quarter might eat me by force of arms out of house and home and so not only waste the increase but also destroy the principall And so for these â—â—sons I was blocâ—t ost from going to live in the Country Then secondly for a Trade I must either follow it in London or in some other Corporation and in another
the universal are only bâ—rthened with a wooden one and therefore in this sâ—â—rt is my judgment that that high Court of Justice was altogether unlawfull in case thâ—se that set it up had been an unquestionable representative of the people or a legall Parliament neither of which they are not in the least but as they have managed their business in opposing all their primitive declared just ends a pack of trayterous self seeking tyranical men usurpers of the name and power of a Parliament I say considering with my self some such things as these are I was something diligent at the beginning of their tryal to see and hear all yea and ofâ—en converseâ— with thâ—mselveâ— but when I came to hear stâ—ut CAPEL make his defence for himself which was before he had any counsel assigned and so GALLANTLY and acâ—utely to plâ—ad the Law and demand the benefit of it which he did as acutely in my judgment as ever I did hear any â—â— an in his own case in my life alledging fiftly the Statuâ—e of 25. Ed 3. chap. â— and cited the very word of those â— notable Statuts for his benefit of the 1 â—â—n 4. chap. 10. and 11 Hen. 7. chap 1. the last of which indemnifies the Kings followers iâ— wars and also cited the first and second of P. and M. chap. 10. and pressed therefrom that â—ll treasons should be tryed by the â—â—les of the common Law and not by extâ—aâ—â—dinâ—ry â—ays and means according to the declared Laws in being citing the petition of right for the proof of that looking round about him and saying I am an English man and the Law is my inheritance and the benefit of the petition of right my birth right if so then saith he lâ—â—king upon the president 〈◊〉 my Jury I see none of my Iury that is to pass upon me I demand the sight of â—â— Jâ—â—y legally pannelled as my right by Law without the verdict oâ— whom I cannot in Law be câ—â—demned and when it wâ—s â—eplyâ—d upon him by the preâ—â—dent that the members of the Court was the Jury he most gâ—â—lanâ—ly and resoluâ—â—ly answered to this effect I 〈◊〉 you will not deny me the beneâ—â—â— of the Law which you â—â—etend you have sought this Seveâ— years to maintain I hope Sir You will not deny mâ— the benefit of the Declarations of those by whose power you sit And producing â—â—e Declaration of the pretended House made the 9th Fâ—br 1648 To maintain the Fundamentall LAVVES of the Nation he held iâ— forth and desired it to be read which was refused by the President telling him They knew it well enough Well then saith he Here 's a Declaration made but the other day wheâ—ein the Parliament declareth That they are fully resolved to maintain and shall and will up hold preserve and keep the Fundamental Lawes of this Nation for and concerning the preservation of the Lives Properties and Liberties of the People with all things incident thereunto with the alterâ—tions touching Kings and House of Lords already resolved in this present Parliament FOR THE GOOD OF THE PEOPLE And saith he It is one of the Fundamentall Liberties of the Subjects of this Kingdom to be tryed by JURIES and I hope you wil not deny me the benefit of the Parliaments Declaration and so break it as soon as it is made but all was to no purpose he must have no Jury but Councell if he would at the denyall of which unto him I confesse my heart was ready to sâ—â—k within me and my spirit was inwardly fill'd full of fire at these wretched men whose now declaâ—ed deâ—igâ—s was cleer to tread under their feet all the Liberties of England notwitâ—standing aâ—â— their oathes and promises to the contrary and then in that â—â—y in â—y own thougâ—â—s I clâ—arly bid adieu unto all Englands glorious amongst men Libâ—â—ties and deaâ—-bought Fâ—eedoms and much adoe had I in the open Court to containe my self fâ—om an aâ—â—wed dâ—teâ—â—ation of their A BOMINABLE WICKEDNES my heaâ—t was so full but being withdrawne I was something free in my discourse in all companies I came in but yet upon the principles of the Law and their own Declarations as being almost overwhelâ—ed to see what I then saw and severall discourses I had with the prisoneâ—s and divers of my books and law pleas with Sir Iohn Maynards and the foure Impeached Aldermen I sent them and much pressed some of them to put their lives upon the hazard of a Plea and protestation against the Jurisdiction of the Court telling them if they dyed upon that score they would not only dy as lovers of the King their principall but also of their Country as brave Englishmen in the eyes of the people whereas if they stooped finally to their Jurisdiction they might easily percâ—ive they were resolved to sacrifice them and if they so died they dyed upon a poor and begparly score yeâ— in a manner upon the deniall of their own principals but the Gentlemen having as â—o me appeared large promises of their lives upon conformity to the Jurisdiction of the â—ourt were meerly gullâ—d thereby of their lives and could scarce ever beleeve the should dye till the house of death came upon them And yet notwithstanding this some of them sent to me to desire me to be one of their Councell to plead for them in matter of Law unto whose friends I returned an Ansâ—er to this effâ—ct That I could not be â—o unworthy in my own estiâ—ation as to plead any plea they could plead for a justifiâ—ation of their â—ctions though I confâ—ssed there were much in Law to be said for them â—f eâ—â—ally as the case stood with them unlesse it were a plea and protestation against their Jurisdictâ—on and so procrastina 〈◊〉 tryall if it were a possible till a new Parliament upon whiâ—h plea I â—ould willingly have veâ—tred my heart blood for thâ—m because my intâ—râ—st and the interâ—st of all the free and honest men in Enâ—lâ—nd was as much concerned in that faâ—â—ll president of that abhominable and wicked Court aâ— Câ—pell or Hambletoâ—s life c. was but they would not venter there and so I declined them And when HOLLAND came to it a Lady and some other of his friends came to me to my house about hiâ— but I was still upon the same string yet sent him word of severall particulars in reference to my Tryall and arrâ—igament at Oxford that was very materiall to his present cause and if he would call me in the open Court as a Witnesse he should sâ—e I would speak my minde freely and effectually although I smarted for so doing and he appointed a day to call me whereupon I went into the Court and conveyed wâ—rd to him I was there but whether his heart failed him or no I know not but he never called me so when I understood they were all in the way of condemnation I took the thid part of Cooks Institutes under my arme to the house doore and made