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A88244 Regall tyrannie discovered: or, A discourse, shewing that all lawfull (approbational) instituted power by God amongst men, is by common agreement, and mutual consent. Which power (in the hands of whomsoever) ought alwayes to be exercised for the good, benefit, and welfare of the trusters, and never ought other wise to be administered: ... In which is also punctually declared, the tyrannie of the kings of England, from the dayes of William the invader and robber, and tyrant, alias the Conqueror, to this present King Charles, ... Out of which is drawn a discourse, occasioned by the tyrannie and injustice inflicted by the Lords, upon that stout-faithful-lover of his country, and constant sufferer for the liberties thereof, Lieut. Col. John Lilburn, now prisoner in the Tower. In which these 4. following positions are punctually handled ... Vnto which is annexed a little touch, upon some palbable miscarriages, of some rotten members of the House of Commons: which house, is the absolute sole lawmaking, and law-binding interest of England. Lilburne, John, 1614?-1657. 1647 (1647) Wing L2172; Thomason E370_12; ESTC R201291 90,580 119

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shed in England Scotland and Ireland since these wars which is the blood of thousands of thousands For which if all the sons of men should be so base and wicked as not to doe their duty in executing justice upon him which Legally may and ought to bee done by those especially who have Power and Authority in their hands Yet undoubtedly the righteous God will and that I am confident in an exemplary manner in despight of all his bloody add wicked protectors and defenders For GOD is a just GOD and will revenge innocent blood even upon Kings Judg. 1 6 7. 1 Kings 21. 19. 22. 38. Isa 30. 33. Ezek. 32. 29. and will repay wicked and ungodly men Isai 59. 18. Therefore I desire those that shall thinke this a harsh saying to lay down the definition of a Tyrant in the highest degree and I am confident their own Consciences will tell them it is scarce possible to commit or doe that act of Tyranny that Charles Stewart is not guilty of and therefore de jure hath absolved all his people from their Allegeance and Obedience to him and which the Parliament are bound in duty and conscience De facto to declare and not to bee unjuster to the Kingdome then their predecessors have been which in part I have already memioned and shall to conclude only cite some particulars of the Parliaments just dealing with Edward the second who was not one quarter so bad as C. R who being called to account by the Parliament for his evill government and being imprisoned at Kenelworth-Castle the Parliament sent Commissioners to acquaint him with their pleasure the Bishops of Winches●●r Hereford and Lincoln two Earls two Abbots foure Barons two Justices three Knights for every County and for London and other principall places chiefly for the five Ports a certain number chosen by the Parliament And when they came to him they told him the Common-wealth had conceived so irreconcileable dislikes of his government the particulars whereof had been opened in the generall Assembly at London that it was resolved never to endure him as King any longer That notwithstanding those dislikes had not extended so far as for his sake to exclude his issue but that with universall applause and joy the Common-wealth had in Parliament elected his eldest sonne the Lord Edward for King They finally told him that unlesse he did of himselfe renounce his Crown and Scepter the people would neither endure him nor any of his children as their Soveraigne but disclaiming all Homage and Fealty would elect some other for King not of the Blood The King seeing it would be no better amongst other things told them That he sorrowed much that the people of the Kingdom were so exasperated against him as that they should utterly abhorre his any longer rule and soveraignty and therefore he besought all there present to forgive him and gave them thanks for chusing his eldest sonne to be their King which was greatly to his good liking that he was so gracious in their sight Whereupon they proceeded to the short Ceremony of his Resignation which principally consisted in the surrender of his Diadem and Ensignes of Majesty to the use of his son the new King Whereupon Sir William Trussel on the behalfe of the whole Realm renounced all homage and allegeance to the Lord Edward of Carnarvan late King The words of the definitive Sentence were these I William Trussel in the name of all men of the Land of England and all the Parliament Procurator resigne to thee Edward the Domage that was made to thee sometime and from this time forward now following I defy thee and deprive shee of all Royall power and I shall neuer be attendant to thee as for ●ing after this time But if any object It is true Subjects and people have de facto done this unto their Kings but they cannot doe it de jure for that Kings are above their people are not punishable by any but God I answer God is the fountain or efficient cause of all punishment But as to man instrumentally he inflicts by man And though he be our supream Lord and Law-Maker hath for bodily and visible transgressions of his Law appointed a visible and bodily punishment in this world for the transgressors thereof and man for his instrumentall executioner and never ordinarily doth it immediatly by himself but when his Instrument Man failes to doe his duty and being a God of order hath appointed a Magistrate or an impowred man as his and their executioner for the doing of justice and never goeth out of this Road but in extraordinary cases as he doth when the Magistrate is extraordinarily corrupted in the executing of his duty and in such cases God hath raised up particular or extraordinary persons to be his executioners And therefore God being no respecter of persons hath by nature created all men alike in power and not any lawlesse and none to bind each other against mutuall agreement and common consent and hath expr●sly commanded Man his rationall creature shall not tyrannize one over another or destroy by any intrusted power each other but that the intrusted Kings as well as others shall improve the utmost of their power and strength for the good and benefit protection and preservation of every individuall Trustee And whosoever he be that shall improve his intrusted power to the destruction of his impowrers forfeits his power And GOD the fountain of Reason and Justice hath endued man with so much reason mercy humanity and compassion to himself and his own Being as by the instinct Nature to improve his utmost power for his own preservation and defence which is a Law above all lawes and compacts in the world Declar. April 17. 1641. And whosoever rejects it and doth not use it hath obliterated the principles of Nature in himselfe degenerated into a habit worse then a beast and becomes felonious to himselfe and guilty of h●s own blood This Israel of old the Lords peculiar people understood as well as the people of England although they had 〈◊〉 expresse posi●ive law no more then we in England have to rebell or withdraw their obedience subjection from those Magistrates or Kings that exercise their power and authority contrary to the nature of their trust which is plain and cleare without dispute in the case of Rehoboam who was the son of Solomon who was the sonne of David who was assigned King by GOD and chosen and made King by the common consent of the people of Juda and Israel 2 Sam. 7. 13. And who by vertve of Gods promise to him and his seed to be Kings over his people had more to say for his Title to his and their Crown I am confident of it then all the Princes in the world have to say for their claim and childrens to their Crown For Rehoboam was not onely the sonne of Solomon who was in a manner intailed by God himselfe unto the Crown
in the House of Lords p. 64. 65 69. Barons in Parliament represent but their own persons p. 97. C Challenges against the Lords p. 5. pag. 70. Clergy base inslavers of this land of old p. 89 90 93 94. Contents of this Discourse p. 6 62. Common-Councel p. 27. Charles-Stewarts jugling pag. 50 51. Charles Stewart not GOD but a meer man and must not rule by his will nor other Kings but by a Law pag. 9 10 11. Charles Stewart received his Crown and Kingdom by contract p. 33. and hath broken his contract pag. 9 14 41 42 43 50 51 52 57. Charles Stewart confuted in His vain proud words p. 32 33. Charles Stewarts Confession and Speeches against himself p. 40 41 56 57. Charles Stewart as Charles Stewart different from the King as King p. 35. Charles Stewart guilty of Treason p. 52 53 54 55 57. C. R. ought to be executed p. 57. D Dukes of Normandy first second third fourth fifth sixth and seventh p. 87. Dukes Marquesses and Viscounts not in England when the great Charter was made p. 98. Davies Sir I. Clotworthies friend his basenesse pag. 102 103 104 105 106. E Edwardus R●x Segnier pag. 15 16 88. His gallant Law p. 16. Edward the second p. 26 27 57 58. deposed and his eldest Son chosen p. 27 58 59. Edward the third pag. 27 28 29 30. Excommunication for infringing Magna Charta p. 28. Edward 4. and 5. p. 30 31. Earl of Manchesters and Colonel Kings basenesse p. 49 10● Englishmen made slaves by the Normans p. 90. F False imprisonment it is to detain the prisoner longer then he ought p. 81. First Dake p. 9● First Marquesse First Viscount First Parliament in the 1● of H. 1. see pag. 17. G Government by Kings the worst government of any lawfull Magistracie p. 14. Greenland Company oppressors pag. 101. H Heathens more reasonable then the Lords p. 2. House of Peers illegality p. 43 45 86. and basenesse to the people pag. 44. Henry the 1. p. 17. Henry Mauds eldest son King after Stephen p. 19. Henry the 3. crowned and his basenesse p. 22 23. Henry the 4 5 7 and 8. p. 30 31. Hunscot the Prelates Catchpole now the Lords Darling p. 83. I John brother to R. the 1. chosen King p. 19. His basenesse to the Common-wealth p. 20 21 39. His end p. 22. Judges corrupt p. 23. Imprisonment of L. C. Lilburn p. 63 66. Ireland in her distressed condition cheated and couzened by Sir John Clotworthy and his friend Davies p. 102. to p. 106 K King is intrusted p. 34. Kings tyrannicall usurpation none of Gods institution pag. 7. 8. Kings subordinate to Lawes by God p. 8. and men p. 9 18 19 23 24 26 27 28 29 31 32 33 34 35 36 39 40 41 42 43 52 53 85 86. Kings must not be imposed but by the peoples consents p. 7. 20 32 41 60 61. Kings deposed p. 27 58 59 98. Knights Citizens and Burgesses represent the Lawes p. 97. King no propriety in his Kingdome p. 34. or Cities thereof or Jewels of the Crown and as King not so much as the Subjects in the Kingdoms pag. 32 38. Kings illegall Commands obeyed punished pag. 35 52 53 54. Kings are lyable to be punished pag. 41 59. K. Harrold p. 84 94. L Lawes made this Parliament pag. 33 34. Lieutenant of the Towers basenesse against L. C. Lilburn pag. 5. 48. Lords cause of loosing the Kingdome at first p. 93. Lords no legislative power by consent of the people p. 45 46. Lords may not lawfully sit in the house of Commons pag. 98 99. Lords contradict themselves p. 63. Lords power wholly cashiered p. 40 47 92. Lords overthrown by the Law see p 72. to p. 78. Lords illegality and basenesse against L. C. Lilbarn pag. 47 48. 65 66 67 84. proved so to be p. 62. 81. Lords no Judges according to Law p 69. Lawes included though not expressed Kings must not violate pag. 62. Lords no Judicature at all p. 84 85 86. M Maud p. 17 18. the Empresse taketh K. Stephen in bat tel p. 18. Massacre of the Jewes in England when pag. 19. Magna Charta what it is p. 26. Magna Charta's Liberties confirmed by Hen. the 3. p. 24. And by Edw. the 2. p. 27. And by Edw. the 3. p. 28 29. Members of the House of Commons taxed p. 100 101 102. Merchant-Adventurers p. 99. overthrown p. 42. N Normans whence they came pag. 86 87. Ninety seven thonsand one hundred ninety and five pounds which was for Ireland pursed by 4 or 5 privare men see p. 103 O Orders Arbytrary and illegall against L. C. Lilburn p. 2 47 48. 63 64 66. Odo the Bishop a Bastard seeketh to be Pope pilleth the Kingdom pag. 91 92. Oaths of Kings at their Coronation p. 19 26 28 31 32 33. Oath of K. Stephen p. 18. Oath of Justices p. 29. Objection about H. 8. alteration of the Oath of Coronation answered by the Parliament p. 32. Order of the house of Commons for L. C. Lilburn p. 84. Originall of the House of Peeres pretended power p 94. P Petition of Right confirmed p. 33. the Lords break it p. 2. Petition of L. C. Lilburns wife p. 72. to p. 78. Postscript of L. C. Lilburns p. 6. People must give Lawes to the King not the King to the people p. 85. Popes judgment refused by the people to be undergone by the King as insufferable p. 26. Power of Lords both of judicative and legislative throwne down p. 92 93. Parliament what it is p. 34. their institution p. 95. The manner of holding them p. 95. how kept p. 97. Parliaments greatnesse p. 34 36 37. Prerogative Peerage flowed from rogues p. 86 87. Proceedings of the Lords against L. C. Lilburn condemned by the Commons p. 64. Parliaments kept in old time withou t Bishops Earles or Barons Pag. 96 97. Q Questions of great consequence pag. 101 102. R Rehoboams folly pag 60 61. Richard the 1. pag. 19. Remedy against fraud p. 26. Richard the 2. p. 30. Deposed p. 30. Richard the 3. p. 30 31. Rebellion of the King 90 51. Rewards conferred by William the Conqueror upon his assistants p. 90 91. S Sir John Clatworthies basenesse p. 102. to 106. Stephen Earle of Bollaigne chosen King by free election p. 18. When hee was imprisoned by Maud p. 18 19. the people restituted him out and he was set up again p. 18. Sheriffes of London Foot and Kendrick their illegality pag. 68. Sentence of the Lords against L. C. Lilburn p. 70 71. T Ten Commandements explained p. 9 10. Tyrants Kings plagued by Gods justice p. 11 12 13 17. Tyrannie of Kings p. 13 17 19 20 21 22. Towers chargeablenesse of Fees p. 49. Tryals ought to be publike and examples for it page 81 82 83 84. Turkie Merchants pag. 99. W William the Conquerors History of him p. 14 15 16 45 87 88 89 90 91 92 93 94 95 a Bastard p. 87. His end
obtained saith Martin fol. 29. The Empresse with many honourable tryumphs and solemnities was received into the Cities of Circester Oxford Winchester and London but the Londoners desiring the restitution of King Edwards Lawes which she refused which proved her ruine and the restitution of King Stephen out of prison and to the Crown again and after some fresh bouts betwixt King Stephen and Duke Henry Mauds eldest Son a Peace was concluded betwixt them in a Parliament at Westminster and that Duke Henry should enjoy the Crown after King Stephen At the receiving of which he took the usuall oath and being like to have much work in France c. being held in thereby from all exorbitant courses he was therefore Wary to observe at first all meanes to get and retain the love and good opinion of this Kingdom by a regular and easie government and at Waldingford in Parliament saith Daniel fol. 80. made an act that both served his own turn and much eased the stomackes of his people which was the expulsion of strangers wherewith the Land was much pestered but afterwards was more with Becket the traytorly Arch-bishop of Canterbury And after him succeeds his Son Richard the first At the beginning of this mans Reigne a miserable massacre was of the Jewes in this Kingdom who went to the holy wars and was taken prisone by the Emperour as he came home of whom Daniel saith fol. 126. that he reigned 9 years and 9 moneths Wherein he exacted and consumed more of this Kingdome then all his Predecessours from the Norman had done before him and yet lesse deserved then any His brother Duke John being then beyond Seas with his Army was by the then Archbishop of Canterburies meanes endeavoured to be made King Who undertooke for him that he should restore unto them their Rights and govern the Kingdome as he ought with moderation and was thereupon after taking three oathes which were to love holy Church and preserve it from all Oppressours The Kings Oath to govern the State in justice and abolish bad Lawes not to assume this Royall honour but with full purpose to rerform that he had sworn Speed 534. crowned King And because the title was doubtfull in regard of Arthur the Posthumus Son of Geffery Duke of Brittain King Iohns eldest brother Speed fol. 532 he receives the Crown and Kingdome by way of election Daniel fol. 127. the Archbishop that crowned him in his Oration professing before the whole Assembly of the State That by all reason Divine and Humane none ought to succeed in the Kingdome but who should bee for the worthinesse of his vertues universally chosen by the State as was this man And yet notwithstanding all this he assumed power by his will and prerogative to impose three shillings upon every plough-land and also exacted great Fines of Offenders in his Forrests And afterwards summons the Farles and Barons of England to be presently ready with Horse and Arms to passe the Seas with him But they holding a conference together at Lecester by a generall consent send him word That unlesse he would render them their rights and liberties they would not attend him out of the Kingdome Which put him into a mighty rage but yet he went into France and there took his Nephew Arthur prisoner and put him to death by reason of which the Nobility of Britaigne Anjou and Poictou took Armes against him and summon him to answer at the Court of Justice of the King of France to whom they appeale Which he refusing is condemn●d to lose the Dutchy of Normandy which his Ancestors had held 300. yeares and all other his Provinces in France which he was accordingly the next yeare deposed of And in this disastrous estate ●aith Daniel fol. 130. he returnes into England ●nd charges the Earles and Barons with the reproaches of his l●sses in France and fines them by his Prerogative to pay the seventh part of all their goods for refusing his aid And after this going over into France to wras●le another fall was forced to a peace for two years and returnes into England for more supplies where by his will iust and prerogative he layes an imposition of the thirteenth part of all moveables and other goods both of the Clergie and Laitie who now saith Daniel seeing their substances consume and likely ever to be made liabl● to the Kings desperate courses began to cast about for the recovery of their ancient immunities which upon their former sufferance had been usurped by their late Kings And hence grew the beginning of a miserable breach between the King his people Which saith he folio 131. cost more adoe and more Noble blood then all the warres for raigne had done since the Conquest For this contention ceased not though it often had fair intermissions till the GREAT CHARTER made to keep the Beame right betwixt SOVERAIGNTY and SVBJECTION first obtained of this King JOHN in his 15. and 16. yeares of his yeares of his reigne and after of his sonne Henry the 3. in the 3. 8. 21. 36. 42. yeares of his reigne though observed truly of neither was in the maturity of a judiciall Prince Edward the first freely ratified Anno regni 27. 28. But I am confident that whosoever seriously and impartially readeth over the lives of King John and his sonne Henry the third will judge them Monsters rather then men Roaring Lions Ravening Wolves and salvadge Boares studying how to destroy and ruine the people rather then Magistrates to govern the people with justice and equity For as for King John he made nothing to take his Oath and immediatly to break it the common practice of Kings to grant Charters and Freedomes and when his turn was Consider compare and conclude served to annihilate them again and thereby and by his tyrannicall oppressions to embroyle the Kingdo●e in Warres Blood and all kind of miseries In selling and basely delivering up the Kingdome that was none of his own but the peoples as was decreed in the next Parliament Speed fol. 565. by laying down his CROWN Scepter Mantle Sword and Ring the Ensignes of his Royalty at the feet of Randulphus the Popes Agent delivering up therewithall the Kingdome of England to the Pope And hearing of the death of Geffery Fitz Peter one of the Patrons of the people rejoyced much and swore by the Feet of God That now at length he was King and Lord of England having a fre●r power to untie himselfe of those knots which his Oath had made to this great man against his will and to break all the Bonds of the late concluded peace with the people unto which he repented to have ever condescended And as Daniel folio 140. saith to shew the desperate malice this King and Tyrant who rather then not to have an absolute domination over his people to doe what he listed would be any thing himself● under any other that would but support him in his violences There is recorded an
all things where you may reasonably do the sam● And in case ye be from henceforth found in default in any of the points aforesaid ye shall be at the Kings will of Body Lands and Goods thereof to be done as shall please him As God you help● and all Saints But now in regard we shall for brevities sake but only touch at Richard the s●c●nd who for his evill government was Artic●ed against in Parliament Martine fol. 156 157 158 159 160. Speed fol. 742. The substance of which in Speeds words were First in the front was placed his abuse of the publike treasure and unworthy waste of the Crown-Land whereby he grew intollerable grievous to the Subjects The particular causes of the Dukes of Gloucester and Lancaster the Arch-Bishop of Canterbury the Earle of Arundel filled sundry Articles They charged ●im in the rest with dissimu●ation fa●shood ●osse of honour abroad in the world extortio●s rapine deniall of Justice rasu●es and e●b●zelling of records dishonourable shifts wicked Axi●mes of S●at● cruelty covetousnesse subordinations lasciviousness● reason to the rights of the Crown perjuries and bri●fly wi●h all sorts of unkingly vices and with absolute tyranni● Upon which it was concluded That he had broken his Cont●act made with the Kingdome or the Oath of Empire taken at his Coronation and adjudged by all the States in Parliament That it was sufficient cause to depose him and then the diffinitive sentence was passed upon him And wee shall wholly passe over Henry the 4. 5. and 6. Edward 4. and 5. Richard 3. Hen. 7. and 8. and shall come down to King Charles and not mention the particular miseries blood-sheds cruelties treason tyrannies and all manner of miseries that the free-born people of this Kingdome underwent in all or most of their wicked raigns especially in the Barons warres In which time the Inhabitants of England had neither life liberty nor estates that they could call their own there having been ten Batte●s of note fought in the Bowels of this Kingdome in two of their R●igns only viz. Hen. 6. and Edw. th● 4. In one of which 〈◊〉 there was 37. thousand English sl●i● Martine fol 393 394 ●95 I say w● wi●l p●ss● by all these a●d give you the Copy of the Oath that King Edward 2. and K●●g Edward h● 3. by authority of Parliamen● took and which all th● Kings and Queens of England since to this day at th●i● Coronation ●ither took or ought to have taken never having b● au●●ori●y of Parliament b●en altered since that I could hear of by which it will cleerly appeare that the Kings of England receive their Kingdoms co●di●io●all● The true Copy of whic● as I find it in this Parliaments Declaration made in reply to the Kings Declaration or answer ●o their Remonstrance dated 26. May 1642. and set down in the Booke of Declarations page 713. SIR Will you grant and keep and by your Oath confirme unto the People of England the Lawes and Customes granted to them by antient Kings of England rightfull men and devout to God and namely the Lawes and Customes and Franch●ses granted to the Clergie and to the People by the glorious King Edward to your power Sir Yee keepe to God and to Holy Church to the Clergie and to the People Peace and accord wholly after your power Sir Yee do to be kept in all your Domes and Iudgments true and even Righteousnesse with Mercie and Truth The King shall answer I shall doe it Sir Will you grant defend fulfill all rightfull Laws and Customes the which the COMMONS of Your Realme shall choose and shall strengthen and maintain them to the Worship of GOD after Your power The King shall answer I grant and behight And then the Arch-Bishop of Canterbury at the time of the Coronation goes or should goe to the four sides of the Scaffold where the King is crowned and declares and relates to all the People how that Our Lord the King had taken the said Oath enquiring of the same people If they would consent to have him their King and Liege Lord to obey him as their King and Liege Lord who with one accord consen●ed thereunto Now let all the world be judge whether the Kings of England receive their Kingdom●s by contract yea or no. And if they do receive them by contract as is already undeniably proved before Then what becomes of that wicked and tyrannicall Maxime avowed by King Charles immediatly after his Answer to the Petition of Right Book Statutes fol. 1434. viz. That he did owe an account of his actions to none but GOD alone And of that erroneous Maxime mentioned in Book Declaration pag. 266. viz. That Kingdomes are Kings own and that they may do with them what they will as if Kingdomes were for them and not they for their Kingdomes But if any man shall object and say that King Henry the 8. with his own hands altered this Oath and therefore it is not the same Oath which King Charles hath taken To which I a●sw●r and say The Parliament in their Declaration g●a●●s that King Hen. the 8. c. a●tered it but they also say pag. 712. They do conceive that neither he nor any other had power to alter it without an Act of Parliament And in pag. 708. 709. They say They well know what Kings have d●ne in this point But we know also say ●●ey that what they have done is no good rule alwayes to interpret what they ●●ght to have done for that they are bound to the observation of Lawes by their Oath is out of question and yet the contrary practised by them will appear in all ages as often But to put this out of doubt whosoever reades the Oath taken by this King which he himself sets down in his Declaration Book Declar. pag. 290 291. will find no materiall difference betwixt that which hee took and that which he ought to have taken saving in that clause of passing New Lawes But there is enough in that he tooke to prove my assertion viz. That he received his Crown by a Contract which further to prove I alledge the Petition of Right which whosoever seriously readeth with his Answer to it shall finde it to be a large and absolute Declaration of a contracted duty betwixt him and his people viz. That it was his duty to govern them by Law and not by his Prerogative Will And when his first answer to their Petition did not please the Parliament they pressed him again out of Right to give a satisfactory one Which he out of Duty doth saying Let right b● done as is desired So that this is a clear demonstration and enough to prove that there is not only a bare Contract betwixt the King and the People but also that he is bound by duty to grant such Lawes as they shall rationally choose although there were no such Statute as the 25. of Edward the 3. which they mention in pag. 268 nor no such clauses as they speak
judicative power nor a legislative power inherent in him as is strongly undeniably and unanswerably proved before in pag. 43 44 46 47 60 61. And therefore away with the pretended power of the Lords up with it by the roots and let them sit no longer as they do unlesse they will put themselves upon the love of their Country to be freely therby chosen as their ●ōmissioners to sit in Parliament for I am sure in right all their actions now are unbinding and unindivalid which becomes you O all ye Free-men or Commoners of England out of that duty you ow to your selves yours and your native Country throughly and home to set forth by Petition to your own HOVSE of COMMONS and to desire them speedily to remove them before the Kingdome be destroyed by their crosse proud and inconsistent interest for little do you know what Scotch-ale divers of them are now a brewing Read the Histories of William the Conqueror and you shall easily find that the pride and contention of those English-men that were called Lords amongst themselves was no small cause of the losing of this Kingdome to that Tyrant for saith Speed fol. 409. After the Normans had slain King Harold and overthrown his Army the two great Earles of Yorkshire and Cheshire Morcar and Edwine coming to London where the Londoners c. would gladly have set up Edgar Atheling the true Heire to the Crown to have been their Captain Generall to have defended them from the powerfull Norman Invaders who now was exceedingly fleshed with his victory and now likely to over-run the whole Land yet such was the pride and baesenesse of these two great Lords that the misery distresse and fearfull estate of their native Country could not disswade from their ambition plotting secretly to get the Crown to themselvs which hindered that wise and noble design and totally lost their native Country O COMMONS OF ENGLAND therefore beware of them and have a jealous eye over them and take heed that when it comes to the pinch they serve you not such another trick again For I am sure their interest is not yours nor the publikes neither is it consistent with their ends that you should enjoy Justice or your undeniable and just rights liberties and freedomes And well to this purpose saith Daniel pag. 36. That after the Bishops and the Clergy had shewed their aversnesse to the erecting of that probable meanes that was propounded to hinder the theevish invader the Nobility considering they were so born and must have a King and therefore considering of his power made them strive and run head-long who should bee the first to pre-occupate the grace of servitude and intrude them into forraign subjection So that the poor Commons like a strong vessell that saith hee might have been for good use were hereby left without a stern and could not move regularly trusting and resting it seemes too much upon those Lords which I call the broken Reeds of Egypt by whom they were undone But for the further clee●ng of the Originall of the House of Peers pretended power I shall desire the understanding Reader to read over a little Treatise printed in Anno 1641. called The manner of holding of Parliaments in England in the 28. pag. hee saith King Harold being overcome William the 1. King and Conqueror having obtained the Soveraignty according to his pleasure bestowed Dignities and Honours upon his companions and others Some of them so connext and conjoyned unto the Fees themselves that yet to this day the possessors thereof may seem to be inabled even with the possession of the places only as our Bishops at this day by reason of the Baronies joyned unto their Bishoprickes enjoy the title and preheminence of Barons in highest Assemblies of the Kingdome in Parliament he gave and granted to others Dignities and Honours together with the Lands and Fees themselves hee gave to Hugh Lupas his kinsman a Norman and sonne to Emma sister to the Conqueror by the Mother the Earldome of Choster Adconquirendum Angliā-per Coronam that is in English to conquer and hold to himself and his Heires as free by the Sword as the King of England held it by his Crown to HANNVSRVFVS then Earl of Britain in France the Earldome of Richmond It a lib●re honorifice ut e●ndem Edwinus Comes antea tenue●at that is in English as freely and honourably as Edwine Earle held it before And the Earldome of Arundel which Harrold possessed he granted with a fee unto Roger of Montgomeny And in page 33. the same Author declares That Kings sometimes not regarding the Solemnities of Ceremonies and Charters have only by their becks suffered Dignities and Honours to be transferred So that by what Iam able to gather out of ancient Histories William the Conquerour absolutely subdued the Rights and Priviledges of Parliaments held in England before this time The manner of holding of which as the same Author in his first page declares was by the discreet sort of the Kingdome of England rehearsed and shewed unto the Conquerour which as hee saith he approved of And the same doth John Minshew say in his Dictionary published and printed at London July 22. 1625. fol. 526. his words are these In England the PARLIAMENT is called for the debating of matters touching the Common-wealth and especially the making and correcting of Lawes which Assembly or Court is of all other the highest and of greatest authority as you may read in Sir Thomas Smith de Re. Angl. lib. 2. cap. 1. 2. Cambd. Brit. Compt. Juris fol. 1. And see the Institution of this Court Polydor Virgil lib 11. of his Chronicles refer●eth after a sort to Henry 1. yet confessing that it was used before though very seldome You may find saith he in the former Prologue of the grand Customary of Normandy That the Normans used the same meanes in making their lawes In a Monument os Antiquity shewing the manner of holding this Parliament in the time of King Edward the sonne of King Etheldred which as the Note saith was delivered by the discreeter sort of the Realm to William the Conqueror and allowed by him This writing began thus Rex est Caput c. See more saith he of the course and order of this Parliament in Compt. Juris fol. 1. c. And VOWEL alias Hooker in his Book purposely written of this matter Powels book called the Atturneys Academy Read Mr. William Prynnes first part of the SOVERAIGNE POWER OF PARLIAMENTS AND KINGDOMES printed by the authority of this present Parliament pag 42 43 44. William the Conqueror having as to me is clearly evident subdued Parliaments their power authority priviledges and jurisdiction did set up by the absolute law of his own will for his Compceres Couzens and Connsellors such men who had most pleased him in vassalizing and enslaving this kingdom and the people thereof in whose steps severall of his successors after him did tread So that the kingdome was
his late booke called LONDONS LIBERTIES IN CHAINES DISCOVERED pag. 54 And what me●nes Lieutenant Collonel Iohn Lilburnes p●ttifull Complaints in divers of his bookes against severall Members of the HOVSE of COMMONS but especially against Justice LAVRANCE WHITAKER See Innocency and Truth justified pag. 12. 15. 16. 63. 64. And Londons Liberty in Chaines discovered And what meanes his leud Complaints in his Epistle to Iudge REEVE c. against the Earle of Manchester and Collonel Edward King of Lincolnsh●re whom he accuseth for being Traytors to the trust reposed by the PARLIAMENT in them And yet is so farre from obtaining Justice against them that he is clapt by the heeles in the exceeding chargeable prison of the Tower of London by their meanes And what meanes that extraordinary Complaint of Mr. ANDREWES BVRRELL in his printed REMONSTRANCE TO THE PARLIAMENT OF ENGLAND against the CHIEFE MEN that are mannagers of the NAVIE viz THE EARLE of WARWICK Mr. GILES GREENE Chairman of the Committee of the Navy Mr. SAMVEL VASSALL and the 2. Mr. Bencis Members of the same Committee c To whose charge he layes little lesse then TREACHERY TO THE WHOLE KINGDOME and couse●ing and cheating of the publicks monyes yea such is his CHARGE there against them that if he be able to make it good THEY DESERVE NO LESSE THEN HANGING And it seemes he is able sufficiently to do it for they dare not call him to account but let him go at Liberty which demonstrat●s to all understanding men They know their own guiltinesse And a thing of as high a consequence is the lamentable Complaint made against Sir Iohn Clotworthy and his friend Mr. Davis c. about their cousening and cheating poore and bleeding Ireland of much of the monies that should have relieved it which Complaint is called The State of the Irish affaires for the Honourable Members of the Houses of Parliament as they lie represented before them from the Committee of Adventurers in London for lands in Ireland sitting at Gr●cers Hall for that service and printed at London by G. MILLER dwelling in the Black-Fryers The abstract of which with some additions are inserted in a written paper which I had from a good hand which followeth thus A further discovery of the evill managing of the affaires of Ireland wherein it doth plainly appeare that above the fourth part of the monies levied for Ireland is pursed by 4. or 5. private men to the value of 97195. l. THat presently after the trouble did breake forth in Ireland there was one Mr. John Davis of the Irish Nation came for England who was trusted by the Parliament with 4000. l. worth of Provisions and appointed Commissary for the disposall of those goods for the English and Scottish Armies in Ireland The said Mr. Davis using indirect wayes by feasting and bribing the Officers having spent 100. l. upon them in a week as he himselfe hath acknowledged and by that meanes he obtained his desire for he valued the goods which he delivered to the Armies at such unreasonable high prizes that in this imployment for the space of 8. or 9. months he so manageth the businesse that he makes the parliament indebted unto him 12195. l. And it will be made manifest by sufficient testimony that before he was put into this imployment he was not worth 200. l. but with feasting and bribing the Commanders of the said Armies He obtaines such an accompt in writing having such friends to assist him that he procures Generall L●sl●yes letter of recommendation for his good service setting forth how seasonable the provisions came to the Army but no mention made that the Parliament sent the goods That after the said Mr. Davis had procured this letter he comes for England the troubles here being great the Parliament had not time to heare him so he continued in and about London for the space of two yeares or thereabouts In which time he was reduced to a meane and low condition in so much as he hath acknowledged he had much ado to ge● mony to buy food for himself his wife yet in this low Condition he puts in Propositions to the Commi●tee of Parliament to deliver 60000. l. in Provisions Armes and Cloth to be paid out of the Ordinance for Ireland which was for above three times as much but he was to have the first mony that came in upon the said Ordinance onely 20000. l. was alotted otherwise The Committee of Adventurers for Ireland were sent for and treated withall to know if they would serve in and deliver those provisions for Ireland who at the first refused to agree by way of bargaine alledging that they would make use of the said Ordinance to serve it with all expedition expecting no profit but the Committee of Parliament said that there was necessity of making agreement by way of contract whereupon the Committee of Adventurers for Ireland did give in Propositions that they would serve and deliver those provisions 7000. l. in 60000. l. under the prises Mr. Davis had given in notwithstanding M. Davis delivered the goods had his prizes for those goods provisions but did fail in all his undertakings both in the time of delivering the goods and also the goods he served were generally very bad as doth appeare by the Testimony of one of the Parliaments Commissioners in Ireland which Testimony and the prises Mr. Davis had is here inserted The reasons why M. Davis had this employment before those Citizens are many I shall name one the cessation of Armes in Ireland being ended divers Commanders came over from thence into this Kingdom who knowing Mr. Davis of old in respect of his large bribes given them did desire the Committee of Parliament that Mr. Davies might be the man for the providing and furnishing of provisions for the service of Ireland alleadging they knew him well as for the Citizens they were more fit to keepe shops then to take care of a Kingdom These Commanders above-mentioned are those who were for the Parliament one year and the next year sided and joyned with the Irish Rebels these are the men who gave this good report of Mr. Davies That Mr. Davies hath made a second bargain with the Committe of Parliament for 45000. l. worth of goods the which mony is fully paid him and the 60000. l. also formerly mentioned and this Committee have allowed him his pretended Debt of 12195. l. out of the money appointed by Ordinance of Parliament only for Ireland and not to pay any debt although never so reall Mr. Davies in the moneth of July 1646. hath made a third agreement for 140000. l. to deliver so much in Arms Provisions other necessaries the money part of it to be paid out of the Excise and the rest by a new Ordinance of Parliament for levying of monies for the service of Ireland the Committe of Adventurers having formerly declared in their book formerly set forth by thē which was presented to divers Members of
Councellers hath now at last resolved to set up his royall Standard and draw his sword for the destruction and ruine of his most faithfull and obedient people whom by the lawes and constitutions of this Kingdome he is bound to preserve and protect Yea and in their answer sent to his Messenger from Nottingham August 25. 1642. pag. 580 They tell him plainly that though they have used all meanes possible to prevent the distractions of this Kingdome which have been not onely without successe but there hath followed that which no ill Councell in former times hath produced or any age hath seene namely those severall Proclamations and Declarations against both the Houses of Parliament whereby their actions are declared Treasonable and their persons Traytors and thereupon your Majesty hath set up your Standard against them whereby you have put the two Houses of Parliament and in them this whole Kingdome out of your protection and as I may truly say have thereupon virtually ceased to be King so that untill your Majesty shall recall those Proclamations and Declarations whereby the Earle of Essex and both Houses of Parliament and their adherents and assistants and such as have obeyed and execu●ed their commands and directions according to their duties are declared traytors or otherwise delinquents And un●ill the Standard set up in the pursuance of the said Proclamations be taken downe your Majesty hath put us into such a condition that whil'st we so remaine we cannot by the fundamentall priviledges of Parliament the publike trust reposed in us or with the generall good and safety of this Kingdome give your Majesty any other answer to this Message The same language they speake to him in their Petition pag. 584. And in their Message pag. 585. And in their Petition 587. And in their Declaration pag. 576 They say plainly that the King seduced by wicked Councell doth make warre against his Parliament and people And in their Petition sent by Sir Philip Stapleton to the Earle of Essex to be presented to His Majesty pag. 617. They say positively His Majesty warres against the Parliament and subjects of this Kingdome leading in his own person an Army against them as if he intended by conquest to establish an absolute and unlimitted power over them and by his power and the continuance of his presence have ransacked spoyled imprisoned murthered divers of his people yea and doth endeavour to bring over the Rebels of Ireland and other forces from beyond the Seas And in their Declaration and resolution after the King had proclaimed the Parliament and the Earle of Essex Traytors pag. 508. 509. They call that very Proclamation an attempt so desperate and so transcendently wicked that the Lords and Commons do unanimously publish and declare that all they who have advised contrived ab●●ted or countena●ced or hereafter shall abett and countenance the said Proclamation to be Traytors and enemies to GOD the King Kingdome and to be guilty of the highest degree of Treason that can be comitted against the King and Kingdome that they will by the assistance of Almighty God and of all honest English Protestants and lovers of their Country do their best endeavours even to the utmost hazard of their lives and fortunes to bring all such unparalleld traytors to a speedy and exemplary punishment Be sure you be as good as your word for GOD of all villians abhors faith-breakers and take he●d by your actions and treatyes with the unjust and false King Charles one of the Monsters of the earth you do not give a just and visible cause of ground not onely to all rationall men in England but in the world that knowes reades and understands your often solemn sworne Oathes vowes Protestations and ingagements to judge you a forsworne false and perjured Generation and fit to be abhorred of GOD and all good men for to speake truth and right Hath not Charles Stewart committed treason against King Charles sure I am he hath done it against the KINGDOME of ENGLAND and that I prove by your own grounds thus The Proclamation that you so much cry out of comes out in his name and stile pag. 503. 404. 406. 507. And therefore his Ergo. For he ownes his own Proclamations and Declarations and jeeres you for a company of simpletons for declaring it otherwise His words pag. 248. are All our answers and Declarations have been and are owned by us and have been attested under our hands if any other had been published in our name and without our authority It would be easy for both Houses of Parliament to discover and apprehend the Authors And we wish that whosoever was trusted with the drawing and penning of that Declaration namely the Parliaments dated 19 of May 1642. had not more authority or cunning to impose upon or deceive a major part of those votes by which it passed then any man hath to prevaile with us to publish in our name any thing but the s●nce and resolution of our own heart And since this new device is found out in stead of answering our reasons or satisfying our just demandes to blast our Declarations and answers as if they were not our own a bold senselesse imputation we are sure that every answer and Declaration published by us is much more our own then any one of those bold threatning and reproachfull Petitions and remonstrances are the acts of either or both houses Y●a and as if all this were not enough to be done by a trust sufficiently for ever to declare the forfeiting of his trust and Kingly Office the King himself hath caused the Iewels of the Crown to be pawned to buy instruments of warre to butcher and murther his people who never gave him any power and authority for any other end but to protect defend and preserve them neither did he ever in his life injoy any other power either from God or man but for that end yet in his speech to the people of SALOP he declares he will melt down all his own Plate and expose all his land to sale or morgage though it be none of his but the Kingdom●s that so he may the faster cut the throats and shed the innocent blood of those his brethren that betrusted him with all he had or hath for their good and welfare Yet to fillup the measure of his iniquity he not his evill counsellors hath given Commission to his Commissioners of Array Sheriffes Mayors Justices Bailiffes or any other whatsoever to raise Force and to kill and slay all such as should hinder the EXECVTION of his Royall command or put the Ordinance of Militia though it were for their own preservation in Execution pag. 581. And the same bloody murdering Commissions he hath given to his Instruments in Scotland Ireland to Butcher destroy and ruinate the people there So that to sum up all the Parliament told him plainly in their late letter sent to him at Oxford That he was guilty of all the innocent blood