and our wise just and long winded â—arliament are willing thershould so do or else almost in nine years time they would have given some satisfactory effectuall answer in those multitudes of Petitions that have year after year been preferred to them complaining of these unsufferable and destroying grievances and yet they can assume to themselves a stile of the Conservators of the Leberties of England in the firsâ— year of Freedom but I wonder where it is for my eyes can see none at all in any kind but rather more bondage then ever witnesse now their Treason-trap c. So English cloath being so great a drugg there that little profit could I expect by my adventure unless I laid out in the return most of my mony in such Commodities as are monopolized by new Patents Ordinances against the Laws and Liberties of England and if I so did when they come here if the Monopolizers catch them they are all lost so here is our Freedom but yet notwithstanding I did order my factor to lay out the most of my mony there in such commodities only being resolved as soon as I could here of the ships arrival in the river of Thames to boord her with half a dozen lusty resolved blades and with my own hand to give the chief Monopolizer's a bâ—ace of pistoll bullâ—ts in his guts or a prick with my Rapier or dager in case he came to take away my goods from me and then to run the hazard of a tryal at common Law to see whether by the Law of God and of England I could not justifie the preservation of my self and my goods from any that come to rob me of them and rather kill him or them that would assault me and them then suffer him or them to take away by force my livelyhood and so by consequence the life of me and my family but the counsell of States robbing me of my liberty by my close imprisonment in the Tower hath frustrated my marchandizing hopes yea and it may be thereby break me to the bargin but if they do when they have seriously cast up their gains by it they will not be six pence the richer though my wiâ—â— and â—â—tle babeâ— may be much more the poorer But to turn back again to my coming out of the North besides the thoughts of my future substance in some honest industrâ—â—â—â— calling or other I spent some time at Westminster to see and satisfie my own understanding how the tâ—â—e sail of things stood at the helm I mean with the three great meâ— of the Army viz. FAIRFAX CROMWELL and IRETON and whether I could finde out they had any real thoâ—â—hts to prosecute their OWN AGREEMENT that so we might have a new equal and just representativâ— which I upon my principles now they had laid Kingly Government aside look'd upon as the only and alone earthly salâ—â— to heal and cuâ—e the wounds of this distâ—acted and dying Nation and to make it flourish once again in peace Trade and all kinde of outward prosperity and without which our wounds could never be heaâ—ed â—r cured by any other means that could be invented oâ— contiâ—â—â—d looking in my own thoughts upon the then smal sitting remnant of the last Parliament as a quite contrary inteâ—est to the peoples good or welfare distributive Justice and universall righteousness being their bane and that which would be the unavoydable ruine by reason of that horrible gâ—ilt they have contracted by their self-seeking unjust wayes upon themselves thâ— great bug-bear the King being now gone they would be necessarily lâ—d for the supportation of themselves in the evill of their wayes and continuance of their intended perpetual Greatnesse to court support and make much of the chief Supporters of all the remaining corrupt Interest in England as the Priests and their robbing Tythes the banc of industry the Laywers and their monopolizing pleadings and all their old and base inslaving corruptions in the execution of the Laws as bad in a manner as the old bondage of Egypt and of old and illegall Charter-mongers the inhaunsers engrossers and Monopolizers of Trade and all the base bondages thereunto belonging the peoples freedoms and liberties being the onely thing now dreaded by them â—â— the only engine to pull down all the steps they have long laid for their elective Kingship and the single injoyment amongst themselves alone and their vassals slaves and creatures of all the great places thereunto belonging and thereupon depending which yet they must not immediately do but go about it gradually and first get the power of seeming legall authority into a narrower compasse then it was in their purged House of Commons that so that might rule counsel and direct their mock Parliament and the Councel of the Army â—ight rule that by means of which what with the service of Irelanâ— c. they might so moâ—â—lize their Army that it in due time might totally become slavish by obeying without dispute what ever their great Officers command them and so unanimously elect and impose upon the people their present generall for their King as the onely fit able and best deserving man in England for that soveraign Place provided under-hand he would ingage too high and mighty Oliver and his Son in law Henry Ireton to be sure to do aâ— they would have him and in his Kingship to promote those that they would have advanced that so one of them might not fail after his decease to succeed him and so in time with their long continued power and wils keep it in their Line as the onely deserving Family in this Nation who saved it from its enemies for their own ends in the day of its distresse whose battels it fought pretendedly for the Liberties of England crying out Jehu like 1 Kings 10. 16. Coâ—e See my zeal therefore in cutting off the Kings head c. and razing out his Family And undoubtedly it is of the Lord for he hath prospered me in it and so he did Judas in betraying Christ and noâ—e hath been able to stand before me When as alas all this successe may be no more but the rod of God to chastise a then more wicked Family designed by God to that destruction for the transgressions sin or blood thereof Yet for all this the heart may be no more upright then John's was which vantingly lifted up by his great suâ—câ—ss took no beed at all to walk in the Law of JUSTICE TRUTH and OBEDIENCE the Lord God of Israel with all his heart but followed after MANS INVENTIONS and DEVICES JEROBOAM'S wickedness to win the golden calfs in DAN and BETHEL for which wickedness and pride of his spirit after all his success in fulfilling the express will and command of God in cutting of from the earth Ahabs family for the transcendent wickedness thereof yet God begun to plague him and in those daies cut ISRAEL shoâ—â— ye and afterward for the pride and wickedness of his posterity unto whom to the
In all your Declarations you declare that binding and permanent Laws according to the Constitution of this Kingdom are made by King Lords and Commons and so is the opinion of Sir Ed. Cook whose Books are published by your own Order and who in the 2 part of his Institutes fol. 48. 157 and 3 part fol. 22. and 4 part fol. 23. 25. 48. 292. saith that Act that is made by King and Lords in Law binds not nor by King and Commons binds not or by Lords and Commons binds not in Law if so then much more invalid is the single Order of the Lords made against Law and can indemnifie no man that acts by vertue of it and your Ordinances made this Parliament in time of extream necessitie during denounced Wars are by your selves in abundance of your own Declarations esteemed adjudged declared but temporary and invalid as durable Laws which is evidently cleer out of the 1 par Book Decl. p. 93. 102. 112. 142. 143. 150. 171. 173. 179. 207. 208. 267. 277. 303. 305. 382. 697. 705. 709. 727. your expressions in the last page are we did and doe say that the Soveraign power doth reside in the King and both Houses of Parliament and that his Majesties Negative voice doth not import a Liberty to deny things as he pleaseth though never so requisite and necessary for the Kingdom and yet we did not nor do say that such bills as his Majestie is so bound both in Conscience and Justice to passe shall notwithstanding be law without his consent so far are we from taking away his Negative voice And if such Ordinances and Bills as passe both Houses are not Lawes by your own Doctrine without the Kings Consent then muchlesse can the Order of the single House of Lords be Lawes or supersedeaes to the Lawes And besides when divers honest and well-affected Citizens it may be out of a sensible apprehension of the mischiefs that acrue to the Kingdom by having the Supream authority lodged in three distinct Estates which many times so falls out that when two Estates grant things essentially good for the wellfare of the Kingdom the third Estate opposeth it and will not passe it which many 〈…〉 occasions war and bloud-shed to the hazard of the being of the Kingdom for the preventing of which they framed a Petition to your House Entitling it To the Supream Authority of this Nation the Commons assembled in Parliament in which they intreat you to be careful of the mischief of Negative Voices in any whomsoever which said Petition your House upon the 20 of May 1647. Voted to be burnt at the Exchange and Westminster by the hands of the Common Hangman and lately as I am informed there was a Petition of Master John Mildmans presented to your House and it was rejected by them for no other cause but because it had the foresaid title and therfore you your selves having rejected to be stiled the Supream Authority of this Nation I can see no ground or reason how you can upon your own Principles grant a supersedeas to Master Wollaston to overule my action at law against him and so de facto exercise the Supream Authority which in words you would have the Kingdom beleeve you abhorre neither can I iâ— reason or Justice conceive that if now you should own your selves for the Supream Authority of the Nation and the single and absolute Law-Repealers and Law-Makers thereof how you can deprive me of the benefit of those just Laws viz. Magna Charta Petition of Right and the Act that abolished the Star-Chamber that you have not avowedly and particularly declared to be void null and vacated as never to be in use any more in England Again yet in your Protestation in your Vote and Covenant and in your League and Covenant swore to maintain the Laws and Liberties of the Kingdom with your estates and lives and make the Kings Person and Authority but subservient thereunto or dependant thereupon And you have been so zealous to make Votes to disfranchise all those that will not take your Covenant as unfit to bear any Office in the Common-wealth or to give a Vote to chuse an Officer and can it stand with your Justice and Honour to deny me the benefit of that viz the Law which you have been so zealous in forcing the People of England to swear to maintain or can you in Justice and Honor be angry with me for standing for that viz. the Laws and Liberties of England which you have ingaged incited and forced thousands and ten thousands of the people of England to loose their Lives and Blouds for which I amongst others have upon zealous and true principles as hazardously ventured my life for as any man in England O let such an abominable thing be farre from men of honour conscience and honesty and let the fearfull judgments that befell the Hungarians as it were from God from heaven for breaking violating and falling from their faith and Covenant made with Amurah the Second the Sixt Emperor of the Turkes Recorded in the Fourth Edition of the Turkes History sol 267. 269. 273. 277 deterr all Covenant Makers and Covenant takers from breach of their Oaths Covenants and Contracts the breaking of which is highly detested and abhorred of God as a thing that his soul loathe as he declares in Scripture as you may read Exo. 20. 7. Lev. 19. 11 12. Deut. 23. 21 22 23. Psal 15. 4. Eccels 5. 45. Ezek. 17. 13 14 15. 10. 17 18. 〈◊〉 5. 3 4 8. 16. 17. Yea I say let the fearfull judgements wrath and vengeance Recorded by Sir Walter Rawley in his excellent preface to his history of the World that befell Tyrants and Oppressors whoafter they had broke their Oaths Faith Promises and Lawes made with the People and then turned Tyrants deterr you from such practises but especially the fearfull judgments of God that befel the most execrable thirty Tyrants of Athens who after the people of that City had set them up for the Conservators of their Laws and Liberties and who did many things well til they had got power into their own hands which they had no sooner done but they turned it poin blank against the people and fell a murthering robbing spoyling and destroying the innocent people and raised a Guard of three or foure thousand men of their own Mercenary faction whose destruction was fatall by the steeled resolution and valour of seventy faithfull and brave Citizens as you may â—â—ad in Sir Walter Rawleys History Lib. 3. Ch. 9. sec 2 3. Yea the Tyranny of Duke d' Alva cost his Master the King of Spaine the revolt of the Hollanders to his unimaginable losse But to returne did not you and the Lords the other day pass Votes and Communicated them to the Common Councel of London to declare to them and the whole Kingdom you would continue the Government by King Lords and Commons and can it new stand with your Honour and
souls they have freely adventured their lives and so carried themselves in all their actions towards you that all their adversaries are not able nor ever were to lay in law my crime to their charge for the redresse of all the foresaid grievances and yet the best recompence you your selves give unto them is to toffe and tumble them yeer after yeer from Gaol to Gaol without laying any crime unto their charge denying them the benefit of their Birth-right the Law of the Land keeping thousands of pounds of their own from them and endeavouring in their long imprisonments to starve and murder them their Wives and Children by being worse then the King was to your Members who allowed them three foure and five pounds a man weekly notwithstanding their own great estates to live upon in allowing them never a penny to live upon endeavouring to protect all those unrighteous men that contrary to Law have endeavouted to murder and destory them and take away their lives and beings from the earth And all this is my own case and sufferings from you your selves Therefore Hear O Heavens and give ear O Earth and the righteous God and all just men judge betwixt â—â— And therefore if there be any truth or resolutions in you to stand to any thing that you say and declare I challenge at your hands the benefis of all your Declarations and Remonstrances which are all of my side and particularly the notablest of Declarations of the 6 of May 1643 and 17 April 1646. which was made before my contest with the Lords in which you declare 2 par Book De. fo 95. 879 that although the necessity of war have given some disturbances to loyall proceedings stopped the usuall course of justice 〈◊〉 the Parliament for the preservation of this right to impose and require many great and unusual payments from the good Subjects of this Kingdom and to take extraordinary wayes for the procuring of monyes for their many pressing occasions It having pleased God to reduce our affaires into a more 〈◊〉 condition then heretofore We do declare that we will not nor any by colour of any authority derived from us shall interrupt the ordinary course of Justice in the severall Court of Judicatures of this Kingdom not intermeddle incases of private interest otherwhere determinable unlesse it be in case of male administration of Justice wherein we shall so provide that right be done and punishment inflicted as there shall be occasion according to the Law of the Kingdom and the trust reposed in us Therefore seeing that you that stile your selvs the fountain and conservaâ—â—ry of the Law first par Book Declar. pag. 272 have declared in answer to the Kings Complaint against scandalous pamphlets which was the originall pretence of the Lords quarrelling with me that you know the King hath wayes enough in his ordinary Courts of Justice to punish such seditious 〈◊〉 and Sermons as are any way prejudiciall to his rights honour and authority pag. 208. and if the King the Superior or Creator of the Lords must be tyed in this case to the ordinary Courts of Justice according to the Laws of the Kingdom then much more the Lords the creature or inferiour to the King And therefore I hope you will not be angry with me for refusing obedience to the illegall commands of the single Lords the inferious or hinder me from obtaining Justice according to Law upon those that most barbarously executed them upon me seeing you and the Lords themselves have taught me and all the people of England disobedience to the illegall commands of the King the greater as cleerly appears by your Declarations of July the 12 July 26 1642. 1 par Book Decl. p. 201. 458. 483. The words of which last are That the Lords and Commons in Parliament do Declare That it is against the Laws and Liberties of the Kingdom that any of the Subjects thereof should be commanded or compelled by the King to attend him at his pleasure but such as are bound thereunto by speciall service And if any Messengers or Officers shall by colour of any command from his Majesty or Warrant under his Majesties hand arrest take or carry away any of his Majesties Subjects to any place whatsoever contrary to their wils that it is both against the Law of the Land the Liberty of the Subject and it is to the disturbance of the publick Peace of the Kingdom and any of his Majestie 's subjects so arrested may lawfully refuse to obey such Arrests and Commands To the same purpose you also were and declare in pag. 93. 95. 112. Therefore seeing the Law of the Land is so often by you declared to be the undoubted Birth-right of me as well as the greatest Lord in England or Parliament man whatsoever I earnestly crave and challenge at your hands as much for my self as you did at and from the hands of the King for the Lord Kimbolton and the five Members Sir John Hothan and the Lord Maior Pennington Alderman Foulke Col. Vean and Col. Manwaring viz. the benefit of the Law of England in the ordinary Courts of Justice which is not to be taken or imprisoned pass'd upon nor condemned but by due Processe of Law before a Justice of Peace according to the Law of the Land and not to be imprisoned but for a particular crime in Law expressed in the Commitment by those that have power in Law to commit me nor to be tried or condemned but by presentment c. before a Jury of twelve men of my Peers or equals of the same Neighbourhood where the fact was committed which is as you declare by Sir Edward Cook in 4 part Institutes fol. 41. the ancient and undoubted Birth-right of all the Subjects of England and to have my remedy at Law against all those that shall deal with me contrary to Law And that you challenged all these things for them before-mentioned you may read in your own Declarations pag. 7. 38. 39. 41. 53. 67. 77. 101. 123. 140. 162. 201. 203. 208. 210. 245. 277. 278. 459. 660. 845. All which I cannot doubt but you will grant unto me because it cannot rationally enter into my brest to conceive that you your selves can judge it consonant to Justice to set me and thousands and ten thousands of the people of the Kingdom to fight at your command for the preservation of our birth-right the Law and then for you to deny it unto us and deprive us of it and to recompence us with slavery which we are in when we lose the benefit of the Law Surely this cannot in honour and justice become you that call your selves the Conservators of the Law But if you shall avowedly deny me the benefit of the Law you frustrate your end in making Judges to be in Westminster Hall to execute the Law and put a mock upon the people and dissolve the whole frame and constitution of the civill Policy of the Government of this
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-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
ordinary way and meerly wants nothing if it do want but twelve Kings as his Peerâ— or Equals will nourish and increase in men that erroneous conceâ—â— That Magâ—â—â—rates by the Law of God Nature and Reason are not no nor ought not to be subject to the penal part of the Laws of men as well as the directive part of it which is the bane ruine and destruction of all the Common-wealths in the world I say the confideration of the things fore-mentioned put me off the thoughtâ— of going to Holland my self and then I put the query to my self What course I should being now a free man take for my livelihood for if I and my family lived upon the main stock which was not very much now that I had paid almost all my debts that would soon waste and be gone and to take a place for my future livelihood as I have been offered often and that â—â— considerable one that I could not do for these reasons First because I was not satisfied in the present power or Authority to act under them and so if I should I should be a supporter of so unjâ—st and illegal a fabrick as I judged an everlasting Parliament pâ—rged twice by force of Arms by the hands of their meer mercenary servants to be who were principally raised bired and paid to kil those they esteemed and judged Bears Wolves 〈◊〉 and Pâ—â—kass that took up Arms against the true chast and legally coâ—â—â—â—tuâ—ed Representative of the Nation being not in the least birâ—â— or raised to be the Masters of their Masters or the Lawgivers to the legal Law â—â—kers of the Nation in case of necessity And that an everlasting Parliamnet is dostructive to the very life and soul of the Liberties of this Nation I 〈◊〉 prove first by Law and secondly by Reason And first by Law The Law Books do shew That a Parliament which in its own institution is excellent good physick but never was intended noâ— safely can be used for diet because it is so unlimited and arbitrary was called and held somtimes twice a yeer before the Conquest as is declared by Lambert in his Collection of Laws before the Conquest amongst the Laws of Edgar chap. â— and by Sir Edward Cook in his margent in the ninth page of his par 4. Instâ—â— in the Chaâ—t of High Court of Parliament which with other of the Liberties of England being by force of arms subdued by the Bastard Norman Conquetor although he three severall times took his oath after his being owned for King to maintain their Laws and Liberties as being not able nor judging his Conquest so good just and secure a Plea to hold his new got Crown by as an after mutuall compact with the people or their Representatives over whom he was to rule and therefore as Coâ—k in the foresaid Chapt. pag. 12. declares a Parliament oâ— a kinde of one was held in his time See also 21 Edw. 3 fol 60. and 1 part Institut lib. 2. chap. 10. Sect. 164. fol. 110. a. and came to be more frequently used in his Successors time yea even to be 〈◊〉 in two years in Edward the First or Second's time at which notwithstanding the people grumbled as being an abridgment of their ancient and undoubted Libertie to meet more frequently in their National and publick assemblies to treat and conclude of things for their weal and better being the want of which of ancient time lost this Island to the Romans as Coâ—k declares 4 part 〈◊〉 fol. 9. out of Taâ—itus in the Life of Agricola pag. 306. whereupon it was â—nacted in full Parliament in Edw. the Thirds time That the King who is their Officer of trust should assemble and call them together once every yeer or more often if need require as appears by the Statute of 4 Edw. 3. 14. But because this was not constantly used by that King but there sometimes was intervals of three or four yeers betwixt Parliament and Parliament which was a diminution of the soul and life of all their Liberties viz frequent and often 〈◊〉 Parliaments therefore in the 36 yeer of his Reign annuall Parliaments are provided for again and also the causes of their assembling declared in these very words Item For maintenance of the said Articles and Statutes and redresse of divers mischiefs and grievances which daily happen a Parliament shall be holden every yeer as another time was ordained by a Statute of 4. Edw. 3. chap. 14. But King Charles exceedingly breaking his trust in the frequent calling of Parliaments and dissolving them at his pleasure when they came to treat of any thing that he liked not and so made them uselesse to the Nation both which was against his trust as you notably declare in your Declaration of Novemb. 2. 1642. 1 part Book Decl. pag. 701 702. And of which you most bitterly complain in your first Remonstrance 1 part Book Decl. pag. 5. 6. 11. and in pag. 10. 11 ibidem you declare That his destroying of these two grand Frâ—â—dâ—ms of the People viz. Frequent successive Parliaments and free Dâ—â—aâ—es therein bad corrupted and distempered the whole frame and Government of the Kingâ—â—â— and brought in nothing but wayes of destruction and Tyranny For the preventing of which for the future you got an Act to passe in the sâ—xteâ—â—th yeer of the late King and the first yeer of this long-winded Parliament to 〈…〉 of the two forementioned Acts for an annuall Parliament And further there say thus And whereas it is by experience found that the not holding of Parliaments according to the two forementioned Acts hath produced sundry and great mischiefs and inconveniences to the Kings Majesty the Church and Common-wealth For the prevention of the like mischiefs and inconveniences in time to come Be it enacted by the Kings most excellent Majesty with the consent of the Lords Spirituall and Temporall and the Commons in this present Parliament assembled That the said LAST FOREMENTIONED Laws and Statutes be from henceforth duely kept and observed And you there go on and enact that in case the King perform not this part of his trust in calling annuall Parliaments that then a Trienniall one shall be CALLED BY THE LORD KEEPER c. whether the King will or no. And there being no provision in this Act but that the King might break up this Parliament at his pleasure as before he used to do and so dis-inable you to discharge your trust and duty to the people in providing fit remedies for those many grievances then extraordinarily spread over the whole Nation that the long intermission of Parliaments had occasioned you therefore presse the King to grant an Act that the two Houses might not be dissolved but by your own consents which the King condescended unto the rather because the Scotch Army was then in the Kingdom which he longed to be rid of and which you pretended you could not pay without such an Act these being the true declared and intended
causes of it both in King and Parliament There being not one word in the Act that authoriseth the two Houses to be a constant and perpetuall Parliament which was never so much as intended nor pretended and which if in the Act it had been absolutely declared it had been a void and a null Act in it self as being both against the nature of the Kings trust and Yours which as in your Book of Decl. part 1. pag. 150. you declare is to provide for the peoples weal but not for their woe for their better being but not for their worse being For your Interest and the Kings both being Interests of Trust as your Declarations do plentifully and plainly declare 1 part Book Decl. pag. 206. 266. 267. 382. but especially your present Junto's late Declaration against the late beheaded King and Kingly Government of the 17 of March 1648. pag. 2. 11 13. 15. 16. compared with 24. 25. 27. And all Interests of trust whatsoever are for the use of others and cannot nor ought not to be imployed to their own particular nor to any other use saving that onely for which they are intended according to the condition and true intent thereof 1 part Book Dec. pag. 266. 267. 700. And your trust is onely for the good of the Nation which is the principall or onely end of all Government in the Nation as you confesse in your foresaid Declaration of March 17 pag. 6. and in 2 part Book Decl. pag. 95. 879. And therefore if you had put the King upon such an Act as the establishing of a perpetuall Parliament you had thereby destroyed frequent successive and annually chosen Parliaments for which you had been Tâ—aytors in the highest nature to your trust in destroying the very PILLARS LIFE MARROW and SOUL OF ALL THE PEOPLES LIBERTIES for the presentation of which they chose you and which would shortly bring in as is too evident â—â— this day greater disorders confusions and tyrannies then ever were in all the Kings Reign before and so wholly and fully make your selves guilty of that which he was but in part viz. the establishing of a perfect Tyranny by Law an everlasting Parliament being ten thousand times worse then no Parliament at all for no such slavery under the cope of heaven as that which is brought upon the people by pretence of Law and their own volâ—â—tary 〈◊〉 and no greater Treason can there be in the world committed then for â—â— iâ—teressed Power to keep their Commission longer then by the letter equitie or intention of their Commissions their Masters really intended they should especially when it is kept by force of Arms to the Masters hurt and the danger of his total destruction for the meer advancement of their servants and their Associates all which is the case of your pretended Parliament whereof you are now Speaker and that you were never intended to sit so long as you have done nor to be everlasting I shall here recite the Act it self â—â—â—batim the onely and alone pretence of a Commission you have and then take it in pieces by paraphrasing upon it The Act it self thus followeth Anno XVII CAROLI Regis An ACT to prevent inconveniences which may happen by the untimely Adjourning Proroguing or Dissolving of this present PARLIAMENT WHereas great Summs of money must of necessity be speedily advanced and provided for the relief of his Majestie 's Army and people in the Northern parts of this Realm and for the preventing the imminent danger this Kingdom is in and for supply of other his Majesties present and urgent occasions which cannot be so timely effected as is requisite without credit for raising the said moneys which credit cannot be obtained until such obstacles be first removed as are occasioned by fears jealousies and apprehensions of divers of his Majesties loyall Subjects that this present Parliament may be adjourned prorogued or dissolved BEFORE JUSTICE SHALL BE DULY EXECUTED UPON DELINQUENTS publick Grievances redressed a firm Peace betwixt the two Nations of England and Scotland concluded and before sufficient provision be made for the repayment of the said moneys so to be raised All which the Coâ—â—â—â—â— in this present Parliament assembled having duly considered do therefore humbly beseech your most excellent Majesty that it may be declared and enacted And be it declared and enacted by the King our Soveraigâ— Lord with the assent of the Lords and Commons in this present Parliament assembled and by the Authority of the same That this present Parliament now assembled shall not be dissolved unlesse it be by Act of Parliament to be passed for that purpose nor shall be at any time or times during the continuance thereof prâ—rogued or adjourned unlesse it be by Act of Parliament to be likewise passed for that purpose And that the House of Peers shall not at any time or times during this present Parliament be adjourned unlesse it be by themselves or by their own Order And in like manner That the House of Commons shall not at any time or times during this present Parliament be adjourned unlesse it be by themselves or by their own Order and that all and every thing or things whatsoever done or to be done for the adjournment proroguing or dissolving of this present Parliament contrary to this present Act shall be utterly void and of none effect The true intent and meaning of this Act in the Framers Makers and Contrivers of it was meerly to secure their sitting for some reasonable time that so they might be able to apply fit plasters to the great sores of the Nation and not be broken up suddenly before they had applyed them to the soâ—es and laid them on and their fear was the King would as he used to do dissolve them suddenly security from which was their onely end in procuring this Act and not in the least to make this a perpeâ—uall Parliament which I demonstrate thus First A perpetual Parliament is repugnâ—nt to the Act made this Parliament for a Triennial Parliament which in your Declarations is so highly extolled after the making of both the Acts for how can every three yeers a Parliament be begun if this be perpetuall which by the Act may be so if the two Houses please But in all the Act there is not one word of the anâ—iâ—ilating or repealing of the Act for a Tâ—iennâ—all Parliament which if it had been intended it would have mentioned and not left such a businesse of consequence in any doubtfulnesse whatsoever and the not mentioning of it is a cleer declaration to all the Readers of it That their designe solely in the last Act was onely to secure themselves from the Kings sudden and quick dissolving them at his wil and pleasure And therefore Secondly In Law according to the constitution of ouâ— Parliaments an Adjournment of the Parliament makes no Session howbeit before the Adjournment the King gives his affent to some Biâ—s as is plain out of Cookâ— 4 Instit chap. High Court
of Parliament fol. 27. authorised to be printed by thâ— late Parliament in its purest purity for good Law Thirdly In Law there is no Session in a prâ—â—â—gation or 〈…〉 the Parliament they are the words of Cook himself fol. 27. ibid. Fourthly This Parliament as appears by the Act for not dissolving 〈◊〉 of before mentioned cannot be prorogued by the King but by Act of Parliament but there hath been as yet no Act of Parliament in that behalf and therefore all the Acts of this Parliament are in law Acts of one Session 〈◊〉 pears by Ploâ—d Com. 33. H. 8. B â— relation 3◠〈◊〉 Parl. â—6 Diâ—â— 1. 〈◊〉 8â— Fifthly In Law all Acts of one Session relate to the first day of the Parliament and all the Acts of such a Parliament are Act of one day so the 〈◊〉 for the Triennial and the Act for this perpetual Parliament are two Acts of one day by the Law Sixthly the 4 Edw. 3. chap. 14. 36. Edw 3. chap. 10. forementioned 〈◊〉 claâ—es that a Parliament ought to be holden once every year and moâ—◠〈◊〉 need be those very Acts are every clause of them confirmed this Parliament which also provides that in case the King break those Laws and do not annually call Parliaments as is before declared that then the Lord Keeper whether he will or no shall call a triennial one Now I would fain know of any â—â—â—ional man How an everlasting Parliament doth agree with a Parliament 〈◊〉 yeer oâ— oftner if need require or with the intention of those Laws And 〈◊〉 doth a Parliament every three years provided for as sure as its possible for Law to provide in case the King annually should not cal one agree with a Parliament for ever which may be by the letter of the perpetual Act 〈◊〉 the two Houses please The conclusion of all is this that at one day in law the late Parliament passed two Acts for howbeit the one was in the 16 of the King and the other in the 17 year of the King yet both in law are Acts of one 〈◊〉 the one saith the King shall call a Parliament once a year after the sitting of this Parliament and in case he doth not the Lord Keeper c. shall 〈◊〉 Parliament three years after the sitting of this Parliament The other 〈◊〉 in the letter or litterall construction of it saith this Parliament shall 〈…〉 ever if the two Houses please The one will have a Parliament with an 〈◊〉 the other a Parliament without an end Now the question is which of these two was the true intent and meaning of the Makers of this Act for as Lâ—â—â—ned Cook rationally and well observes in his excellent exposition of the 1 Eliâ— chap. 1. 4. part Institut fol 328. which Act established the power of the High-Commission that by colour of this Statute did many 〈…〉 illegall things such an interpretation of ambiguous and doubtfull things is 〈…〉 be made that absurdities and inconventences may be avoyded but the highest â—â—â—â—dities and inconveniences in the world would follow if this last Sâ—arâ—â—◠〈◊〉 be taken according to the literall construction of it and not according to the equity and true intent and meaning of the makers of it which was not to 〈◊〉 this everlasting if they pleased and so totally to destroy annuall Parliament or in the Kings default of calling them then trienniall Parliaments whether he would or no but only to secure them from the Kings sudden breâ—â—â—â— them up at his pleasure that so they might sit some reasonable short 〈…〉 dispatch the great business of the Nation and that reasonable time 〈◊〉 by any words or the true meaning of any in either of the Statutes 〈…〉 〈◊〉 to be above 〈◊〉 at most especially from the 〈◊〉 of the 〈…〉 in the right and true meaning notwithstanding the last Act were yâ—◠〈◊〉 in force to binde the King to call Annuall Parliaments but two Parliaments by Law cannot sit together but without two Parliaments should sit together viz. An everlasting one and an anâ—â—â—ll one which is our right by Law 〈…〉 enjoy the benefit of those good and excellent Laws for Annuall Parliaments or oftner if need require And therefore to take the utmost extent of the length of that time the two Houses were enabled to sit by vertue of the force and power of the last Act it could not be above a year at most from the day of the date of it and yet they have sate almost eight since by vertue and colour of that alone and of nothing else in law having no other visible Commission under the Sun to authorise them to destroy our undoubted naturall and legal Rights of having often and frequent successive Parliaments totally new which they have done by their long and unwarrantable sitting principally to enrich the most of themselves and enslave our spirits And that an everlasting Parliament was never intended by that Act I think their own words printed in December 1641. which was immediately after the passing that Act will easily decide the controversie And in their or your first Remonstrance of the state of the Kingdom after excusing of your selves from any invasion of the rights of the Crowne 1 Part. Book Declar. pag. 1â— 17. there is these very expression viz. The trienniall Parliament for the matter of it doth not extend to so much as by law we ought to have required there being two Statutes still in force for a Parliament to be once a year And for the manner of it viz. THE TRYENNIALL PARLIAMENT it is in the Kings power that it shall never take effect 〈…〉 by a timely summons shall prevent any other way of assembling In the 〈◊〉 for continuance of this present Parliament there seems to be 〈…〉 of reall power in dissolving of Parliaments not to take it out of the Crown but to suspend the execution of it for THIS TIME AND OCCASION ONLY which was not necessary for the Kings own security and the publique peace that 〈◊〉 it we could not have undertaken any of these great charges two must have left both the Armies to disorder and confusion and the whole Kingdom to 〈◊〉 and â—apine Which words are a 〈◊〉 and 〈…〉 That the 〈◊〉 of the makers of the foreâ—â—id Act was never to make this a perpetuall Parliament but onely for 〈…〉 the King 's sudden breaking them up when he pleased whose 〈…〉 from by this Act which thing onely is and was the clear meaning of the makers of it And that the generall words of a Law or the literal sense of 〈…〉 â—â—ld forth absurdities and inconveniences and visible mischiefs aâ—◠〈◊〉 by interpreted and controuled by the intent of them that made it is clear from their own Oracle Sir Edw. Cook who in his exposition of the 〈…〉 of 1 Eliz. chapt 1. in his 4 part 〈…〉 Nâ—w that divers and many other Acts of Parliament BESIDES THIS OF ELIZ. which are generall in words have upon consideration of the mischief and
and the â— part Cooks Reports in Dr. Boâ—hams case See the Army Book Declarat pag. 35. â—9 61. 63. 143. First therefore let us begin with Common Right and we shall easily see this perpetuall Act is against that For it is against common Right that indebted men as most if not all Parliament men arâ— should not pay their debts Or that if any Member of â—â—â—liament do any of the People of England wâ—ong as daily they do by unjust and 〈◊〉 râ—â—â—ble 〈◊〉 of him oâ— them of hiâ— laâ—d or dispâ—ssessing him of his goods 〈…〉 of his fame or doing violence to his person by beating wounding or imprisoning c. that 〈◊〉 sons during their lives by a priviledge of Parliament that was intentionally 〈◊〉 and just in its institution when Parliaments were often and short should be 〈◊〉 and sâ—â—â—red from all manner of question at the Law by any parties so wronged by them is absolutely against common Right Nay and more That this should extend 〈◊〉 â—â—ltitudes of persons besides that are their servants or attendants and also that any oâ— all of these shall have the benefit of the Law in any Court of Justice in England at their pleasure against any man whom they shall pretend wrongs them are such transâ—â—deâ—â— and grievous enormities that common Right abhors and yet this with a thousand 〈◊〉 as much more as bad as these are the fruits of a perpetuall Parliament if they please which tends to the utter destruction of all mens Actions reall personall or mixt who have â—o do with Parliament men as appears expresly by the Statute of Limitations of the aâ— of James chap. 16. which strictly confines all manner of Suits to be commenced within 〈…〉 after the occasion given Secondly For common Reason Parliaments were ordained and instituted as is before truly and legally declared for remedies to redresse publick and capitall grievâ—â—ces thâ—◠〈◊〉 where else could be redressed but it is against reason and the very end of the Institution of Parliament that Parliaments should make and create multitudes of publike and insufferable grievances The law of the Land allowes no protection for any maâ— iâ—ployed in the service of the Kingdom but for a yeer at most as to be free from Suiâ—s and in many Suits none at all howbeit he be in such services But a perpetuall 〈◊〉 may prove a protection in all manner of wickednesse and misdeaâ—â—eanours 〈◊〉 against other men not of the Parliament amongst any of whom they may piâ—k and chuse whom they please to ruinate and destroy and that noâ— for a yeer but for ever which is against all manner of Reason or the shadow or likenesse of it And therefore a◠〈◊〉 Sir Henry Vane said against Episcopal Government in the beginning of his larg◠〈◊〉 of the 11 of June 1641 now in print at a Committee for passing the Bill against â—â—â—â—pall Government so say I of an everlasting or of any Parliament that shall do 〈◊〉 you have done in largely sitting beyond the time of your Commission c. That 〈…〉 thing is destructive to the very end for which it should be and was constituted to be 〈…〉 onely so but does the quite contrary as your House in every particular doth cerâ—aiâ—ly we have cause sufficient enough to lay it aside and not onely as uselesse in that it 〈…〉 its end But is dangerous in that it destroyes and contradicts its end Thirdly For Impâ—ssibilitie The death of thâ— King in law undisputably dissolves the Parliament spoken of in the foresaid act which is pretended to be perpetuâ—ll for 〈◊〉 Writ of Summons that is directed to the Sheriffs by vertue of which Parliâ—â—â—â—◠〈◊〉 are chosen runs in these words King Charles being to have conference and 〈…〉 c upon such a day about or concerning as the words of the Tâ—ieâ—â—â—ial Act hath it the high and urgent affairs concerning his Majestie and he writes US the State and the 〈◊〉 of the Kingdom and Church of England But I would fain know how it's possiblâ— for a Parliament to confer or treat with King CHARLES now he is dead it 's impossible Seâ— 2 H. 5. Cook in Parl. 3. part And therefore the whole current of the Law of England yea Reason it self from the beginning to the end is expresly That the Kings death doth ipso facto dissolve this Parliament though it had been all the time before 〈◊〉 so intire and unquestionable to that very hour and it must needs be so he being in Law yea and by the authority of this very Parliament stâ—led the head the begiâ—â—ing and end of Parliâ—ments See Coâ—ks 4 part Institutes fol. 1. 3. Mr. Pyâ—â—'s for 〈…〉 Straâ—â—ord pag. 8. S. John's forementioned argument against Strafford pag. 42. And therefore as a Parliament in lâ—w 〈◊〉 begin without the 〈…〉 in it 〈◊〉 person 〈◊〉 representatives Cook ibid. so 6. so it is posâ—â—ively 〈◊〉 by his 〈◊〉 〈◊〉 thereby not only the true declared but intended end of their assembling which 〈◊〉 〈◊〉 〈◊〉 and confer with King CHARLES is ceased and thereby a final â—nd is put 〈◊〉 the means that are appointed to attain unto that end And therefore it is as 〈◊〉 for this Parliament or any Parliament to continue as long as they please aâ— for a Parliament to make King Charles alive again Fourthly For Repugnancy That which is but for a time cannot be affirmed to have continuance for ever it is repugnant but this Parliament in the intention of the makers of the Act was to be but for a time not above a yeer at most after the dâ—â—e of the Act as is before proved and declared from their own words And therefore it cannot be reputed perpetual for there is a repugnancy betwixt them Again The King's Writ that summoned this Parliament is the Basis in law anâ— Foundation of this Parliament If the Foundation be destroyed the Parliament falls But the Foundation of it in every circumstance thereof is destroyed And therefore the thing built upon that Foundation must needs fall It is both a Maximâ— in Law and Reason But if it be objected The Law of Necessity requires the continuance of the Parliament against the letter of the Law I answer First It s necessrry to consider whether the men that would have it continue as long as they please be not those that have created the necessities on purpose that by the colour thereof they may make themselves great and potent and if so then that Objection hath no weight nor by any rules of Justice can they be allowed to gain this advantage by their own fault as to make that a ground of their justification which is a great part of their offence And that it is true in it self is so obviouâ— to every unbiased knowing eye it needs no illustration but if it shall be denyed by any of their pens if God please to give further opportunity I shall prove it to the full Secondly I answer There can no necessity be pretended that can be
shall mâ—ch rather wish That the Authority of this Kingdom in Parliament rightly constituted that is freely equally and successively chosen according to its orteinall intention may ever stâ—nd and â—ave its â—ourse And therâ—fore we shall apply our selves chiefly to such things â—â— by having Parliaments setled in such a right constitution nay give most hopeâ— of Justice and Rightâ—ousnesse to flow down equally to all in that its Ancient châ—â—nell without any overtures tending either to OVERTHROW that â—â—undation of Order and Government in this Kingdom or TO INGROSS THAT POWER FOR PERPETUITY INTO THE HANDS OF ANY PARTICULAR PERSONS OR PARTY WHATSOEVER And for that purpose though as we have found it doubted by many men minding sincerely the publique good but not weighing so fully the consequences of things it may and is not unlike to prove that the ending of this Parliament and the election of a New the constitution of succeeding Parliaments as to the persons Elected may prove for the worse many weyes yeâ— since neither in the present purging of this Parliament nor in the Election of a New we can promise to our selves or the Kingdom and asurance of Justice or other positive good from the bands of men but those who for present appear most righteous and most for common good having an unlimited power fixed in them duâ—ing life or pleasure in time may become corrupt or settle into parties or factions or on the otherside in case â—f new Elections those that should succeed may prove as bad or worse then the former We therefore humbly coâ—ceive that of two inconveniences the lesse being to be chosen the main thing to be intended in this case and beyond whiâ—h humane providence cannot reach as to any assurance of positive good seem to be this viz to provide that however unjust or corrupt the persons of Parliament men in present or future may prove or whatever ill they may doe to particular parties or to the whole in particular â—â—ngs during their respective termes or periods yet they shall not have the temptation of an â—â—â—imited power fixt in them during theâ—r owne pleasures whereby to perpetuate injustice or oppression upon any without end or remedy or to advance and uphold any one particular party faction or interest whatsoever to the oppression or prejudice of the Community and the enslaving of the Kingdom unto all posterity but that tâ—e people may have an equall hope or possibility if they have made an â—ll choice at one time to mend it in another and the Members of the House themselves may be in a capacity to taste subjection as well as rule and may be so inclined to consider of other mens cases as what may come to be their own Thus we speake in relation to the House of Commons as being intrusted on the Peoples behalfe for their interest in that great and supreme power of the Common wealth viz. the Legislative power with the power of finall Judgement which being in its own nature so arbitrary and in a manner unlimited unlesse in point of 〈◊〉 is most unâ—it and dangerous as â—o the peoples interest to be 〈◊〉 in the 〈…〉 the saâ—e men during life or their own pleasures Neither by the originall 〈◊〉 of this State was it of ought to continue so nor does it wherever it is 〈◊〉 continues soe render that staâ—e any better then a meeâ— tyranny or the people subjected to it any better then vassals But in all States where there is any fâ—â—â— of common freedom and particâ—larly in this State of England as it is most evidâ—â—◠〈…〉 many positive laws and ancient constant custome the people have a right to 〈…〉 successive Elections unto that great and supream trust at certain 〈…〉 time which is so essentiall and fundamentall to their freedom as it is â—â—not or not to be denied them or witheld from them and without which the House of Commons is of very little concernment to the interest of the Commons of England Yet in this we could not be understood in the least to blame 〈◊〉 worthies of both Houses whose zeale to vindicate the Liberties of this Nation did 〈◊〉 that Act for the continuance of this Parliament wherby it was secured from 〈◊〉 dissolved at the Kings pleasure as former Parliaments had been or reduced to 〈◊〉 a certainâ—y as might enable them the better to assert and vindicate the Liberties of this Nation immediately before so highly invaded and then also so 〈◊〉 â—â—dangered and those we take to be the principâ—ll ends and grounds for which 〈…〉 exigency of time and affairs it was procured and to which we acknowledge it hath happily been made use of but we cannot thinke it was by those Worthies intended or ought to be made use of to the perpetuating of thâ—â—â—â—pream trust and power into the persons of any during their owne 〈◊〉 or deb arring of the people from their right of elections totally new But it here it should be objected although the King be dead yet the Parliament 〈◊〉 altered the Government into a Common-wealth and so may if they please chaâ—â—e the Constitution of Parliaments To which I answer Fiâ—st that those company of men at Westminster that gâ—â—e Commission to the High Court of Justice to try and behead the King c. were â—o more a Parliament by Law nor a Representative of the people by the rules of Justice and Reason then such a company of men are a Parliament or Representative of the People that a company of armed Theeves chuse and set apart to try judge 〈◊〉 hang oâ— behead any man that they please or can prevail over by the power of their swords to bring before them by force of arms to have their lives taken away by preâ—â—â—ce of Justice grounded upon rules meerly flowing from their wils and swords for I would fain know any Law in England that authoriseth a company of Servants to punish oâ— correct their Masters or to give a Law unto them or to throw them at their pleasure out of their power and set themselves down in it which is the Armies case wiâ—â—â—â—e Parliament especially at THO. PRIDES late Purge which I call and will 〈◊〉 to be an absâ—lute dissolution of the very essence and being of the House of 〈◊〉 and I would fain see any Law or Reason in Writing or Print to justifie thâ—â— a 〈◊〉 upon my other aâ—â—â—unt then in hindering them from raising a new Warr and froâ— destroying he peoples Liberties by their eternall sitting seeing they keep their power â—â—â—ger by faâ— then their Masters or impowers the people intended they should and also employ it to their mischief by hindering them I mean those that had not acted agaiâ—â—â— the Liberties of the Parliament entering into a mutuall engagement to appoint 〈◊〉 whereby to chuse seeing they cannot all meet in one place themselves and iâ—power new Trustees Commissioners or Representoâ—s to make equall and just Lawes to biâ—â— all and provide for their future well-being there being
no other may justly either in Law or Reason to settle this Nation in peace and quietness but by one of these two means First either by admitting the King in again upon terms or else secondly to lay foundations of a just Government by an Agreement made amongst the generality of the people capable of it and if any man upon earth can either by Law or Reason shew me a third way that hath any more shadow of Justice in it then for William the Conqueror or the great Turk by their swords to give a Law unto this Nation I will forfeit my life But secondly I answer the main end of the peoples chusing of the Members of the House of Commons was not to come to Westminster to set up a common-wealth especiall to invest all power in themselves and with that at their pleasure rob and take away by the rules of their wills the liberties and lives of those that chuse them and be unaccountable as long as they live although they do what they please therefore I would fain see any bit or shadow of a pretended Commission to this end either in writing or â—acitly in intention nay or so much as in the thoughts of the major part of the Members themselves when they were impowered I am sure all their Declarations declare the contrary And therefore I say and will make it good against all the tyrannicall Sophisters in England in a Publique dispute before the People That the mâ—â—â— end wherefore they were sent was to treat and confer with King Charles and the House of Peers about the great affaires of the Nation c. and therefore are but a third part or a third estate of that Parliament to which they were to come and joyn with and who were legally to make permanent and binding laws to the people of the Nation and therefore having taken away two of the three Estates through a pretended necessity for a pretended good end the accomplishment of which can only justifie this act that they were chosen on purpose to joyn with to make Laws the end both in reason and Law of the Peoples trust is ceased for a Minor joyned with a Major for one and the same end cannot play Lord paramount over the Major and then doe what it please no more can the Minor of a Major viz. one estate of three legally or justly destroy two of three without their own consents or the Authority of a higher power then all given and deligated for that end intended and declared which is the People the fountain and originall of all just power which they never did in their lives and therefore the whole power of all is returned to them singly and alone but if anâ— part of it is yet inherent in any then it is in PRINCE CHARLES as Heir apparent to his Fathers Crown and Throne over whom I mean the people no persons nor power on earth can now set no change of Government whatever but what is done by their own mutuall consent by AGREEMENT AMONGST THEMSELVES but with as reall a face of Tyranny as ever was acted by any Conqueror oâ— Tyrant in the world unto which whosoever stoâ—ps and supports it is as absolute a Traytor both by Law and reason as ever was in the world if not against the King yet against the Peoples Majesty and Soveraignty the fountain of all power on earth and the present setters up of this Tyrannicall new Commonwealth considering their many Oaths Covenanâ—s Promises Declarations and Remonstâ—ances to the contrary with the highest promises and pretences of God for the People and their declared Liberties that ever was made by men are the most perjureâ— peâ—fidioâ—â— falle Faith and Trust breakers and Tyrants â—â—at ever lived in the world and ought by all rationall and honest men to be the most detested and abhorred of all men that ever breathed by how much the more under the pretence of friendship and brotherly kindness they have done all the mischief they have done in destroying our Lawâ—â— and Liberties c. Is any Treason like Judaâ— his Treason who betrayed his Lord and Master with a kisse Is any murder in the world like that of Joab coâ—â—iâ—â—ed upon Aâ—â—er and Amasa who while he kissed and embrâ—â—ed them with the highest declarations of friendly and brotherly affection stabbed them â—nder the fifâ—h Rib 2 Sam. a 29. 10. 9 10. Is any wrong or mischief done unto an ingenuous spirit so bitter to his soul as the treachery and baseness of a pretended and familiar friend No undoubtedly for against a professed enemy a man hath a fence for he will not trust him but is alwayes jealous of him but against a pretended friend he hath none for â—e lyes in his bosome from whom he feaâ—s no ill but sleeps in security in the height of which he is â—â—inâ—ted and destâ—yed which kinde of dealing was most bitter to Davids soule whâ—â—h made him say Pâ—alm 55. 12 13. 14 15. For it was not an ENEMY â—hâ—â— reprâ—aâ—hed â—re then I could have bâ—rn it neither was it he that HATED me that 〈◊〉 magnifiâ—â—â—mself against me then I would have hid my self from him But it was thâ—n 〈◊〉 mine equâ—ll MY GUIDâ— MINE ACQUAINTANCE We tâ—â—k SWEâ—T COUNâ—ELL together and walked into the house of God in COMPANY Let death seiz upon them and let them goâ— domn quick into hell for wickednâ—sse is in their dâ—â—â—ling and among them and let the pâ—esent generation of swaying men that under the pretence of good kindness and friendship have destroyed and trod under their feet all the Liberties of the Nation and will not let us have a new Parliament and set up by the Sword their own unsufferable unsupportable Tyrannicall Tyranny consider the ends of JWDAS and JOAB and they shall finde that for their treachery and blood the one Hanged himself and the other was executed in the Tabernacle of the Lord 〈◊〉 the horns of the Altar whether he fled for refuge and sanctuary 1 Kings 2. 30 31. yea also remember Cains treachery to his innocent brother Abel Gen 4. 8 10 11 12 13 14. Thirdly and lastly I answer the House of Commons sitting freely within its limitted time in all its splendor of glory without the awe of armed men never in Law nor in the intention of their chuseâ—s were not a Parliament and therefore of themselves alone have no pretence in Law to alter the constitution of Parliaments especially as to free and successive Elections totally and wholly new neither if ever it had been in the power of a true and reall House of Commons Yet this present preâ—ended One now sitting at Westminster is now a true House of Commons as the Armies ancieâ—t Declarations doe notably prove see their Book Declar pag. 125 127 134 135 13â— 139 140 141 14â— For I would fain know in Law where Col. THOMAS PRIDE was authorised to chuse the people of England a Parliament or to purge away at his pleasure by his sword
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
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 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
Property introduce Democracy and Parity and leave nether King nor Gentlemen and so the people will too late discover all this to their costs that they have undone themselves with too much discretion and obtained nothing by their compliance with you and adherence to you but to be destroyed last 1 part Book Declar. pag. 284 285 298 316 320 334 378 514 515 520 521 530 539 543 550 558. 2 Part pag. 100 102 112 113 117. In answer unto all which to disprove what he saith and keep up your rereputations amongst the people for a company of honest men that really sought their good and always intended to be as good as their words promises and engagements in your declarations of the 19 of May 1642. 1 Part Book Decl. Pag 207. you repeat your votes against which the King excepts the weight of which lieth in these words That the Kingdom hath been of late and still is in so eminent danger both from enemies abroad and a popish discontented party at home that there is an urgent and an inevitable necessity for puting the Kingdom into a posture of defence for the safegard thereof and that in this case of extreme danger and his Majesties refusall the Ordinance of Parliament agreed upon by both Houses for the Militia doth oblige the people and ought to be obeyed by the fundamentall Lawes of this Kingdom By all which say you it doth appear That there is no colour of this tax that we go about to introduce a new Law much less to exercise an Arbitrary power but indeed to prevent it for this Law say you is as old as the Kingdom That the Kingdom must not be without a means to preserve it selfâ— and in the conclusion of the same Decl. Pag. 214. speaking of the many difficulties you grapple with the many hazards you undergo in your places you conclude thus yet we doubt not but we shall overcome all this at last if the people suffer not themselves to be deluded with falfe and specious shewes and so drawn to betray us to their own undoing who have ever been willing to hazard the undoing of our selves that they might not be betrayed by our neglect of the trust reposed in us but if it were possible the Kings party should prevail herein yet say you we would not fall through Gods grace still to persist in our duties and to look beyond our own lives estates and advantages as those who think nothing worth the enjoying without the libertie peace and fafety of the Kingdom nor any thing too good to be hazarded in discharge of our consciences for the obtaining of it and shall always repose our selves upon the protection of the Almighty which we are confident shall never be wanting to us while we seek his glory And in your Declaration of the 26 of May 1642 which is an answer to the Kings Declaration of the 4 of May a out the business of Hull in the 1 Part Decl. pag. 263. speaking of the new engine of the Malignant party about the King to beget and increase distrust and disaffection between the King the Parliament and the People We cannot say you be so much wanting to our own innocency or to the duty of our trust as not to clear our selves from those false aspersions and which is our chiefest care to disabuse the peoples minds and open their eyes that under the false shews and pretexts of the Laws of the Land frequently interwoven in his Majesties foresaid Declaration and of their own Rights and Liberties they may not be carried into the road-way that leadeth to the utter ruine and subversion thereof and to destroy them both with their own hands by taking their Lives Liberties and Estates out of their hands whom they have chosen and entrusted therewith and resigning them up unto some evil Counsellors about his Majestie who can lay no other foundation of their own greatness but upon the ruine of this Parliament and in it of all other Parliaments and in them of the freedom of this Nation And these are the men that would perswade the people that both Houses of Parliament containing all the Peers representing all the Commons of England would destroy the Lawes of the Land and Liberties of the People wherein besides the trust of the whole they themselves in their own particulars have so great an interest of honour and estate that we hope it will gain little credit with any that have the least use of reason that such as must have so great a share in the misery should take so much paines in the procuring thereof and spend so much time and run so many hazards to make themselves slaves and to destroy the property of their estates But remarkable are your words in the same Declaration pag. 267. where you say You have given no occasion to his Majestie to declare his resolution with so much earnestness that he will not suffer either or both Houses by their votes without or against his consent to injoyn any thing that is forbidden by the Law or to forbid any thing that is injoyned by the Law for our votes say you have done no such thing and as we shall be very tender of the Law which we acknowledg to be the safegard and custody of all publick and private interests c. And in the same declaration having argued it soundly against the King for the calumniations and aspersions call upon you as you are pleased to call them in p. 270. you have these words All this considered we cannot but wonder that the contrivers of the aforesaid message should conceive the people of this land to be so void of common-sence as to enter into so deep a mistrust of those that they have and his Majestie ought to repose so great a trust in as to dispair of any security in their private estates by dissents purchases assurances or conveyances unless his Majestie should by his vote prevent the prejudice they might receive therein by the votes of both Houses of Parliament as if they who are especially chosen and intrusted for that purpose and who themselves must needs have so great a share in all grievances of the Subject had wholy cast off the care of the Subjects good and his Majestie had soly taken it up And in your most notablest of Declarations made about Agust 1642. 1 Part Book Decl. pag. 491. wherein you indeavour to give an account to the world of the justice of your proceedings in being necessitated to take up armes against his Majesty who you say was then in armes against you and the Kingdom for the suppression of the Lawes and Liberties thereof which you say every honest man is bound to defend especially those that have taken the late Protestation in which Declaration you declare that the long designe which hath been carried on to alter the frame and constitution of the Government of the Kingdom from Law and Liberty to slavery and vassaladge is now come to ripeness there you
go on to declare an Epitome of the Kings dealings with the Kingdom before this Parliament in which time you say the Lawes were no defence nor protection of any mans right all was subject to will and power which imposed what payment they thought fit to drain the Subjects purse of and supply those necessities which ill councels had brought upon the King or gratifie such as were instruments in promoting those illegall and oppresive courses They who yeelded and complyed were countenanced and advanced all others disgraced and kept under that so mens mindes made poor and base and their Liberties lost and gone they might be ready to let go their Religion whensoever they should be resolved to alter it and then ennumerate divers strange actions of his done to the Kingdom since this Parliament and in pag. 494. you declare that after his ill councel had got him from the Parliament then they doc work upon him and upon the Queen and perswade her to retire out of the Kingdom and carry him further and further from the Parliament and so possess him with a hatred of it that they cannot put words bitter enough into his mouth to express upon all occasions they make him cross oppose and envy upon all the proceedings of Parliament incourage and protect all those that will affront it take away all power and authority from it to make it contemptible and of less esteem then the meanest Court draw away the members commanding them to come to him to York and insteed of discharging their duty in the service of the Parliament to contribute their advice and assistance to the destruction of it indeavouring an arbitrary Government a thing say you which every honest Morall man abhors much more the Wisdom Justice and Piety of the two Houses of Parliament and in truth such a charge as no rational man can beleeve is it being unpossible so many several persons at the Houses of Parliament consist of about 600 and in either House all of equall power should all of them or at least the major part agree in Acts of will and Tyranny which makes up an arbitrary Government and most improbable that the Nobility and chief Gentry of this Kingdom should conspire to take away the Law by which they injoy their estates are protected from any act of violence and power and differenced from the meanest sort of people with whom otherwise they would be but fellow servants so having given an answer to his charges laid upon you in pag. 496. you vehemently preâ—â—e the people to come in to the help of the Parliament against the Kings forces And save themselves their Laws and Liberties and though both they and we say you must perish yet have we discharged our consciences and delivered our soules and will look for a reward in heaven should we be so ill required upon earth as to be deserted by the people whom in the next page you tell nothing will satisfie the King and those evill men with him but the destruction of this Parliament and to be Masters of Religion and Liberties to make us Slaves and alter the Government of this Kindom and reduce it to the condition of some other Countryes which are not governed by Parliaments and so by Laws but by the will of the Prince or rather of those who are about him And thersore in the zeal of your Spirits you declare your resolved resolutions to continue firme to maintain the Laws and Liberties of your Country according to your duty saying Woe be to us if we do it not at least doe our utmost endeavours for the discharge of our duties and the saving of our souls and leave the successe to God Almighty and you conclude with these words and therefore we do here require all who have any sence of piety honour or compession to help 2 distressed State and to come in to our aid and assistance And in your reply to the Kings Answer of yours of 26 May 1642. 1 par Book Declar. pag. 693. you declare with indignation your abhorrance of the Kings charging you by your votes to dispose of the peoples lives liberties and estates 〈◊〉 to the Law of the Land throw back the Charge upon himself and those that are about him And in the next page you say thus and for that concerning our inclination to be slaves it is affirmed that his Majestie said nothing that might imply any such inclination in us but sure what ever be ovr inclination slavery would be our condition if we should go aboue to overthrow the Laws of the Land and the propritey of every mans estate and the liberty of his person for therein we must needs be as much Patients as Agents and must every one in his turn suffer our selves what ever we should impose upon others as in nothing we have laid upon other we haue ever refused to do or suffer our selves and that in a high proportion And then when you come in the next page to speake of the Kings charging of you that you afect to be Tyrants because you will admit no rule to Govern by but your own wills yea worse then those thirty most perfect Tyrants of Athens spoken of by Sir Walter Rawley in his third Book of the History of the world Chap. Sect. 2. you abhor the charge with the height of detestation and therefore in the next page unto it being page 696 you say We do still acknowledg that it were a very great crime in us if we had or should do any thing whereby the title and interest of all the Subjects to their lands were destroyed which I say of necessitie must be if they be deprived of the benefit of the Law which is all I crave at your hands and which I hope you will not deny me especially considering in your Declaration of the 10 of June 1642 1 par Book Decla pag. 342 for bringing in mony and plate you positively declare that whatsoever is brought in shall not at all be imployed about any other occasion then to the purposes aforesaid which amongst others are principally for destroying Tyranny maintaining of Liberty and Propriety the free Course of Justice according to the known Laws of the Land but Propriety cannot be maintained if Liberty be destroyed for the Liberty of my Person is more neerer to me then my Propriety or goods and he that contrary to Law and Justice robs or deprives me of the Liberty of my Person the nighest to me may much more by the some reason rob and deprive me at his will and pleasure of my goods and estate the further of from me and so Propriety is overthrowne and destroyed and this if done avowedly by you is distructive to your honours and engagements yea in an absolute violation of all your Oaths and Promises whereby you will be rendred by your own actions in the eyes of the people that trusted you the basest and worst of men fit for nothing but desertion opposition and
distruction Again how can Law be maintained when the free execution of Justice in the ordinary course thereof shall be hindered by you which you in your Declaration 23 of October 1642. 1 par Book Declar pag. 656 call the soule and life of all-Laws which ordinary course of Jestice you in your first Remonstrance page 7 call the common birth-right of the Subject of England And therefore 1 par Book Decl. pag. 660 you own it as your duty to use the best of your endeavours that the meanest of the Commonalty may enjoy their own birth-right freedom and liberty of the Lawes of the Land being equally intitled thereunto with the greatest subject and if so how can you in justice and honour or conscience deprive and ebereave me of my birth right the benefit of the Law of the Land in the ordinary course of Justice in the Judicatures thereof who have done no actrons either by Sea or Land but what doth become an honest true-bred Englishman and constantly in the midst of many deaths maintaining the Laws i and Liberties of my Native Country which actions are consonant to the Authority of Parliament and for the service and benefit thereof and therfore I ought not to be molested and troubled therefore especially by you who in your Declarations in the case of the Five Members declare 1 par Boo. Decl. pa. 39. you are very sensible that it equally imports you aswell to see Justice done against them that are criminous as to defend the just rights and Liberties of the Subjects and Parliament of England but if you shall stop my proceedings at Common Law against Master Wollaston the Jaylour of Newgate for keeping me there against Law by the Lords Order You are so far from punishing the criminous that you justifie the wicked and condemn the righteous break all your Oaths Protestations and Covenants that you have taken to maintain the Laws and Liberties of the Kingdom and dissolve the whole frame and constitution of the Civill Policy and Government of this Kingdom into the originall Law of Nature which crime you taxe the King with 1 par Book Decl. pag. 690. yea and thereby become destructive to the being of the Common-wealth and the safety of the people the preservation of which is the chief end of the Law the institution of all Government as you declare in your Declarations of the 6 of May 1643 17 April 1647. 2 part Book Decla fol. 95. 879. For the Illustration of which I desire to observe this Method First I averre that the House of Lords have not the Least Jurisdiction in the world over me in the case in controversie betwixt us and I am ready upon my life to make this good by the Laws of the Kingdom against all the Judges and Lawyers in England but I conceive I have already so fully done it in my three pleas against the Lords that they are unanswerable viz. First in my Plea before the Committee of the House of Commons where Master Henry Martin had the Chaire 6 Novemb. 1646. And Secondly in my Plea the 20 of October 1647. before another Committee of the House of Commons where M. Iohn Maynard had the Chaire And Thirdly in my Plea before the Judges of the Kings Bench the 8 of May 1648. all three of which I desire to communicate unto your consideration And if the Lords by Law have no originall Jurisdiction over me then no power to summon me nor no power to try me nor commit me Wherefore M. Wollaston by Law ought to have refused to have received my body or detained it in prison by vertue of their illegall warrant which being both illegall in the power that made it in the forme of drawing it up he is liable to make me satisfaction in Law for executing it which at present I illustrate out of your own Declarations which are the most unanswerable arguments against you that I can use Acts 17 26. Titus 1. 12. And first in your Declaration of the 17 of January 1641. 1 par Book Decl. pag. 38. 39. where speaking of the Five Members you say his Majestic did issue forth severall warrants to divers Officers under his own hand for the apprehension of the persons of the said Members which by Law he cannot do there being not all this time any legall charge or accusation or due processe of Law issued against them or any pretence of charge made known to the House of Commons all which are against the Fundamentall Liberties of the Subjects and the Rights of Parliament Whereupon we are necessitited according to our duty to declare That if any person shall arrest M. Hoâ—â—â— Sir Arthur Haslerig Master Pym Master Hamden Master Strode or any of them or any Member of Parliament by pretence or colour of any warrant issuing out from the King onely is guilty of the breach of the Liberty of the Subject and of the Priviledges of Parliament and a publick enemy to the Common-wealth and that the arresting of the said Members or any of them or any Members of Parliament by any Warrant whatsoever without a legall proceeding against them and without consent of that House whereof such a person is a Member is against the Libertie of the Subject and a breach of Priviledge of Parliament and the person which shall arrest any of these persons or any other Member of the Parliament is declared a publick enemy of the Common-wealth Yea and upon the 15 of January 1641 you voted and ordered a Charge to be brought in against Mr. Atturney General Herbert to require of him satisfaction for his great injury and scandal that particularly be had done to the said Mr. Hollis c. and generally to the publick Justice of the Kingdom in so illegally accusing the foresaid five Gentlemen without due processe of Law as appears in your first part Book Declarat pag. 53. And therefore in your Petition of the 2 Feb. 1641. 1 part Book Decl. 67. you rel the King It is your duty to tell him of the injustice done unto the five Members for impeaching them without due processe of Law and to require reparations for them And therefore in your second Petition of the same month 1 par Book Decl. pag. 76. 77. you tell the King again notwithstanding all your importunity the said five Members and the Lord Kimbolton still lie under that heavie charge of Treason to the exceeding prejudice not onely of themselves but also of the whole Parliament And whereas by the expresse Laws and Statutes of this Realm that is to say by two Acts of Parliament the one made in the 37 and the other in the 38 year of the reign of your most noble Progenitor King Edward the 3 it s said If any person whatsoever make suggestion to the King himself of any souls committed by another the same person might to be sent with the suggestion before the Chancellor or Keeper of the great Seal Treasurer and the great Councel there to finde
Surery to pursue his suggestion which if he cannot prove he is to be imprisoned till he hath satisfied the party accused of his dammages and stander and made Fine and Ransom to the King The benefit of these Laws you claim at the Kings hand and there tell him he ought not of right and justice to deny it to you And also in 1 part Book Decl. pag. 101 speaking to the King you say Your Majesty lays a generall tax upon us if you will be graciously pleased to let us know the particulars we shall give a cleer and satisfactory Answer But what hope can we have of ever giving your Majestic safaction when those particulars which you have been made beleeve were true yet being produced and made known to us appeared to be false and your Majestic notwithstanding will neither punish nor produce the Authors but go on to contract new jealousies and fears upon generall and uncertain grounds affording us no means or possibilitie of particular answer to the cleering of our selves For proof whereof we beseech your Majestic to consider The heavie charge and accusation of the Lord Kimbolton and the five Members of the House of Commons who refused no Triall or Examination which might stand with the Priviledge of Parliament yet no Authors no Witnesses produced against whom they may have reparation for the great injury and infamy cast upon them notwithstanding three severall Petitions of both Houses and the Authority of two Acts of Parliament vouched in the last of those Petitions And in a fourth Petition about the same business 1 part Book Decl. pag. 123. We beseech your Majesty say you to remember that the Government of this Kingdom as it was in a great part mannaged by your ministers before the beginning of this Parliament consisted of many continued and multiplied acts of violation of Laws the wounds whereof were scarcely bealed when the extremitie of all those violations was far exceeded by the late strange and unheard of breach of our Laws in the accusation of the Lord Kimbolton and the five Members of the Commons House and in the proceedings thereupon for which we have yet received no full satisfaction And in your Declaration of the 19 of May 2642 1. par Book Dec. p 200. 201. you are very remarkable and fly The accusation of the L. Kimbolton and the 5 Members of the House of CoÌ„mons is called a breach of Priviledge and truly so it was and a very high one far above any satisfaction that hath yet been given How can it be said to be largely satisfied so long as his Majestic laboured to preserve his Atturney from punishment who was the visible Actor in it so long as his Majestic hath not onely justified him but by his Letter declared that it was his duty to accuse them and 〈◊〉 he would have punished him if he had not done it so long as those members have not the means of cleering their innocency and the authors of that malicious Charge undiscovered though both Houses of Parliament have severall times petitioned his Majestie to discoâ—â—â— them and that not onely upon grounds of common Justice but by Act of Parliament his Majestie is bound to do it so long as the King great such to passe a Bill for their discharge alledging that the Natiâ—â—tive in that Bill iâ— against his Honour whereby he seems still to â—â—ow the matter of that false and scandalous Accusation though he deserts the Prosecution offering to passe a Bill for their acquital yet with intimation that they trust desert the avowing their own innocency which would more wound them in 〈◊〉 that secure them in Law And in vindication of this great Priviledge of Parliament we do not 〈◊〉 that we have invaded any Priviledge belonging to his Majesty as is alledged in his Declaration But we look not upon this onely in the notion of a breach of Priviledge which might be though the Accusation were true or false but under the nation of an hainous crime in the Attourney and all other Subjects who had a hand in it a crime against the Law of Nature against the Rules of Justice that innocent men should be charged with so great an offence as Treason is the face of the highest Judicatory of the Kingdom whereby their 〈◊〉 and estates their bloud and honour are in danger without witnesse without â—isdence without all possâ—bility of reparation in a legall course yet a 〈◊〉 of such a nature that his Majesties Command can no more warrant then it can any other act of injustice It is true that those things which are evil in theâ—â— can nature such as a false testimony or a false accusation cannot bothe subject of any Command or induce any obligation of obedience upon any man by any Authority whatsoever therefore the Attourney in this case was bâ—â—â—â— to refuse to execute such a Command unlesse he had had some such evidence or testimony as might have warranted him against the parties and 〈…〉 make satisfaction if it should prove false And further to prove that 〈…〉 liable to punishment that puts in execution the Kings illegall Commands is must excellently proved and largely evident from your own words in 〈◊〉 Book Decl. pag. 259. 260. 276. 279. 280. 721. 722. 723. 727. 803. 〈…〉 largely declare that Alexander Archbishop of York Robert de Veâ—â—◠〈…〉 Irland c. were executed in Richard the Second's time as Traytors for 〈◊〉 in execution the commands of the King against the Law and if they are punishable that execute the commands of the King the Primitive against Law then much more by Law is Mr. Wollaston punishable for executing the commands of the single House of Lords the Derivative against Law and if in my own defence when I was in Mr. Wollaston's custody I had served him for his actions done to me in pursuance of the Lords single illegall commands â—4 Simson of Northampton-shire did Johnson in the 42 of Elizabeth for his doing actions in pursuance of the Queens Letters Patents contrary to Law in endeavouring by a Warrant flowing from the High Commission which was established by Act of Parliament and had legall cognizance of any facts in Controversie grounded thereupon to imprison his body for doing of which Simson in his own defence and his Liberâ—â—â—â— slew the said Johnson For which he was justified by the Judges of Affiâ—e and all the Judges of England as you may read in Sir Edward Cook 4. part Iustitutes fol. 333. 334. and in my Plea before the Judges of the Kings Bench called The Laws funerall page 214. 25. I say in case I had in my own defence and the defence of my legall Liberties slain Wollaston c. for executing the Lords single illegall Orders upon me for any thing I can read in the Law he had his mends in his own hands But to come more close upon your own principles to prove that a single Order of the Lords cannot stand in competition with the Law I do it thus
King as an evill man in his actions and divers of his party as bad but the Army had couzened â—â— the last year and fallen from all their Promises and Declarations and therefore could not rationally any more be trusted by us without good cautions and security In which regard although we should judge the King as arrant a Tyrant as they supposed him or could imagine him to be and the Parliament as bad as they could make them yet there being no other balancing power in the Kingdome against the Army but the King and Parliament it was our interest to keep up one Tyrant to balance another till we certainly knew what that Tyrant that pretended fâ—irest would give us as our Freedoms that so we might have something to rest upon and not suffer the Army so much as in us lay to deceive all the Government of the Kingdom into their 〈◊〉 and 〈◊〉 which were two things we nor no rationall man 〈◊〉 and leave no persons nor power to be a counter ballance against them And if â—â— should do this out slavery for future I told them might probably be groâ—n that ever it was in the Kings time and so our last errour would be greater then our first and therefore I pressed very hard for an Agreement amongst the People first utterly disclaiming the thoughts of the other ill this was done And this I told them was not onely my opinion but I beleeue it to be the unanimâ—m opinion of all my friends with whom I most constantly conversed At which the Gentlemen Independents were some of them most desperately cholerick But my opinion being back'd with the Speeches of some 〈◊〉 of my Friends we came calmly to chuse out four and four of a side to 〈◊〉 and conclude of some Heads towards the accomplishment of an Agreement of the People and as I remember their four were Colonel 〈◊〉 Col. White Dr Parker and Jo. Price and our four were M. William Walwyn Liâ—â—â—â—nant-Col Wetton M. John Wildman and my Self But John Price seat some of the company to tell us after we were parted and some of us drinkings â—â— of wine below he would not make one if Mr Walwyn was one for he had a prejudice against him Unto which I replyed M. Walwyn had were 〈◊〉 and integrity in his little finger then John Price had in all his body and therefore No meeting for me seeing John Price was so base unlesse Mr VValwyn â—as one though we had but two of a side but the businesse being much debated and expostulated Mr. VValwin and John Price both for peace sake were at present laid aside and according to appointment as I remember all the other six met the fifteenth of Novemb. 1648 being Wednesday at the fore-mentioned Nage head and there after some debate unanimously agreed in these words viz. That in our conceptions the onely way of Soâ—â—ment is 1. That some persons be chosen by the Army to represent the whole Body Act that the well affected in every County if it may be chuse some persons to repressâ—â— them And those to meet at the Head-Quarters 2. That those persons ought not to exercise any Legislative power but only to 〈◊〉 up the foundations of a just Government and to propound them to the well-official people in every County to be agreed to Which Agreement ought to be about Law and therefore the bounds limits and extent of the people's Legislative Deputies in Parliamens contained in the Agreement to be drawn up into a formall contract to be Mutually signed by the well-affected people and their said Deputies upon the days of their Election respectively 3. To prevent present confusion the Parliament if it be possible may not be by force immediately dissolved but that the day of its dissolution be inserted in that Agreement by vertue whereof it shall be dissolved 4. That this way of Settlement if it may be should be mentioned in the Armâ—'s first Remonstrance 5. That the matter of the Petition of Septemb. 11. be the matter to be setled Which Agreement of ours as I remember was immediately some away to the Head Quarters at St. Alban's by Mr Hilaâ—â— of Southwark where to it was afterwards told us it was very well accepted and approved of by the great ones there whose high and 〈◊〉 Declarations 〈◊〉 by 〈◊〉 Windsor when he pretended to lay down his Commission against the King coming to our view we made divers objections against many passages in it but especially at divers lashes that excitely at the beginning of is 〈…〉 us which we told some of their friends could not be put in with a spirit of peace towards us or intention of good to the Nation in those good things we desired and propounded for it But it was with many fair expressions salved up by them upon which we judged it requisite for some of us to go to Windsor to speak with Mr 〈◊〉 the Sâ—â—â—-man himself and accordingly as I remember Lieut. Colonel VVeiton Mr Petty Mr VVildman and my Self met there and having drawn up our thoughts in writing we communiâ—ted them to Col. Tychburn Col. VVhite M. Moyer and divers others of the Independent Party who went with us to the Governours house where we met with Mr Peters the grand Journey-â—â— Haâ—kney-man of the Army and after we had acquainted him with out windes we delivered him a copy of our Paper containing distinctly the Heads of what we desired and intreated him to deliver them to Commissary Ireton with whom we desired to discourse about them who sent us word at such an hour be would come to our Ion at the Garter to speak with us about them and accordingly he did accompanied with a whole Train of Officers and a large and sharp discourse we had our principall difference lying at his desire in the too strict restraining liberty of conscience and in keeping a power in the Parliament to punish where no visible Law is transgressed the unreasonablenesse of which was much spoken against by divers of the principall Officers with him but especially by Col. Harrison who was then extreme air and gilded And so little satisfaction had we at that meeting from Ireton the Army 's Alpha and Omega that we despaired of any good from them and were in a manner resolved to come away in haste to London and acquaint our friends with our conceptions and so improve our Interests forcibly as much at we could to oppose their sounded designes But Colonel Harrison coming to us again it ten a clock according to our desire we had a private and large discourse with him and fully and effectually acquainted him with the most desperate mischie vousnesse of their attempting to do these things without giving some good security to the Nation for the future settlement of their Liberties and Freedoms especially in frequent free and successive Representatives according to their many Promises Oathes Covenants and Declarations or else is soon as they had performed their intentions to destroy the
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
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
spoyling or breaking of vessels falling of the price of sope or none vending of it besides many other acâ—identall casualties yet out of the very sâ—et of his brows and the industry and labour of the very fingers ends there must Excise be paid of so much a Barrell and that which is worst of all is this my House which used to be my Castle and so it is by Law night or day must be at the Knave Excise mans pleasure to search and break open for unsealed soape when he pleaseth nay notwithstanding all this I must be had to take my oath after they will not trust me but have searched what they can at the Excisâ— Office that I have made no more but so and so and it may be I judge such an Oath altogether unlawfull and therefore cannot take it and therefore to prison without any more adoe I goe and must be fined at the will of the chief Excisers and pay a noble a day to the Serjeant at Armes besides his mans fees and if I do take my oath can forswear my self I hazard the Pillory for perjury besides the wounding of my conscience but if I be consciencious that I cannot set my conscience upon the tenter-hooks by forswearing of my self then I am destroyed in my trade by others that will undersell me by this stealing Excise and swearing soundly to the contrary too judging iâ— with Cromwell as Major Huntington in his impeachment of him declares no sinne in may be to deceive the deâ—â—iver or oppressâ—â—y and all this lyes upon us in the first year of Englands Freedom by the Conservators of the Liberties thereof who yet â—ealously and for the peoples welfare chopt of the Kings head for tyranny oppression although his â—oynes were never so heavy as their little finger is O brave unerring unsinning and everlasting none such Parliamen And therefore last of all I had thoughts towards Winter to buy of my Unkle at Sâ—â—derland to lay up some coals at my habitation in Winchester-house to fell in January and February and in the meaâ—â—ime to lay out my mony in some adventure for Holland and there I met with these difficulties First although I was as wary as any man in England could be to see that Master Devenish title to the house was good in Law and so I might justly and quietly expect the injoyment of my bargaine from him And thereby I see First his deeds and the Parliaments Ordinances thereupon and Secondly I went and spoke with Master Iohn Cook the Lawyer who drew up the conveyances betwixt Master Devenish and Master Young of whom Master Devenish for his life bought all Winchester House in Southwaâ—k by all which but especially from Mâ—ster Cooks owne mouth I cleerly and evidently found Master Levenish had as good a right in all Winchester house for Master Youngs life both by Law and Ordinance as its possible for any man in England to have to the cloaths he wears or any thing else that he possesseth although he takes the advice of twenty Lawyers in the buying and purchasing of them which incouraged me to strike a bargaine with him for three years for as much of the House as I am to pay annually almost 20l. and yet since a Committee of Members with the Trustees of Bishops Lands will needs turne me and the honest man by force of Armes out of his Legall possession without any valuable consideration or rendring at the least any reason wherefore but only their Soveraigne wills and pleasures O BRAVE PARLIAMENT JUSTICE without all doubt this is the liberty of the people and the Law of the Land that we have been contesting and fighting for these seven yeers together or at least as much as they intend now they have conquered us with our own mony and our own hands we shall possesse and enjoy this unrighteous molestation which with their illegall imprisoning of me hath spoyled a coal-Merchant of me for the present And in the second place as my adventuring to Holland when I came to inquire after the nature of that I found these difficulties therin First A strict Monâ—poly that none whatsoever shall ship any white cloth for that place but the Monopolisers themselves and Secondly a general monopoly upon woollen commodities whatsoever that unlesse you do as good as tell a lye I found merchants still continued to be the chief customers who it â—seems have a trick to steal whole ship loads of custome for their own use by meanâ— of which they undersell any other merchant yea and thereby break the backs of new beginners for being at my first inquiring thereinto with Master William Kiffin my quondam servant though now my profâ—st and blood thirsty enemy he told me a little before he was one day at the Custome-house and the chief men there had catcht a poor man that had stolne some custome for which they were about fining and punishing him why Master faith he to one of them in Kiffins hearing as he averred to me will you be so angry with me and so harsh to punish me for a small â—oy when I am but your own scholler for I am sure it s but the other day finâ—e by your own directions I helpâ— you to steal in a manner a whole ship load of uncustomed goodâ— and you being so well pleased with that my thinks you should not be so angry with me for stealing a little custome for my self But then Fourthly The Prince was Master of the Sea then so that I durst not venture it in a English bottom some of which had laid in the Thames divers weeks loaded and duâ—st not stirre out for want of convoy which they had fought much for then to the Parliament but could get none and to ship it in a Dutbh bottom it did not only give the traid of shipping to the Dutch and so destaoy our English Maâ—iners but also by law to ship it in Duâ—th bottom it is consiscated or at least must pay the custome of Aliens or strangers as appeares by the statutes of 5 R 2. ch 3 6 K 2 cha 8. 4 H. 7 â—b 10. 5. 6. E. 6 cha 18. 1 H. 13. But having bought some cloth and stuffs I was necessitated to run the hazard of â—hipping them in Dutch bottom but English woollen commoditie being so great a drug in Holland as they are by reafon of the merchant monopolisers alias merchaâ—t adventurers that ingrosse the trade to themselves and buy their cloth here at what rates they please and sell it in Holland as dear a list and so care not how little they vend so they get mony enough by that they sell and disable all others from trayding by meanes of which the poor people here that depend upon cloth-making wanting work are necessitated to leave the land of their nativity and goe to Holland to make cloth for the dutchmen to get bread to keep them alive whereby they have almost got the English cloth making traid
I am acquitted thereby my Lords by the Law of England from any more question about that 〈◊〉 although it should be granted I was never so guilty of it Unto which they replyed to my remembrance in these words A pox on you for a cunning subtill Rogue are you so cunning in the Law that we cannot lay hold of you here but yet for all your parts we will have you to the gallows for leavying Warr upon the traiterous commands of the Parliament against the Kingâ— And here â—aid they wee are sure the â—aw will reach you Whereupon I was immediately aâ—ter laid inâ—â—â—tons and brought to the Bar before the Lord Chief Justice Heath Sir Thomas Gardâ—ed Recorder of London c. and by Indictmâ—â—t aâ—â—oâ—ding to the rules of the Common Law aâ—râ—igned for a traytor for levying War in Oxfâ—â—dshâ—â—e against the King But my Plea to the businesse of Wâ—stminstâ—r and the Pâ—entiâ—â—â— was admitted for good law That being once judiciallâ—â—â—ed and acquiâ—ted I could no more be troubled therefore neithâ—r indeed was â— But according to the punctâ—liâ—es of the Law they gave me all the lair play in the world that the Law would allow me sâ—ffering me to say for my self at the Bar what I pleased releasing me of my close imprisonment and iâ—ons and allowed me pen ink and paper which the Jaylor kept from me upon my pleading before the Judge such usages being altogether contrary to law and that no such usage ought to be exercised in the least upon any prisoner whatsoever that wâ—◠〈◊〉 beaâ—â—ly rude in his impâ—â—lonment and that no supposed â—raitore◠〈◊〉 by law could be put to any paâ—â— or tormâ—nt before coâ—riction And truly Colonel Teâ—â—le I shouâ—d be very sorry and blush for shame 〈◊〉 considering my â—â—rong zeal in the Parliaments cause to see the day that the Parliament of England aâ— least thâ—se that so stile themselves that hath pretended so much righâ—â—â—â—ness and justice should be no more just to the Covaliers against whom they have fought for injustice and and oppression in denying them the benefit of the Law â—hâ—n they are in their power and mercy then the Kings Jadges were to me and other of your prisoneâ—â— when their lives were in their power and mercy in the hight of War and of their 〈◊〉 prosperity and yet granted us the benefit of Law in all things we claimed it in as Capt. Vivers of Bâ—nâ—ury arraigned with me can witnesse as well as my self Now Sir to make application the Parliament not long since when in its poâ—eâ— it was more aâ—unâ—â—ntly unquestionable then now it is after its new force condâ—â—â—â—ed CAPEL HAMBLETON HOLLAND c. to banishment for the very 〈◊〉 now to their charge anâ— thâ—refore in Justice and Law cannot a second time cause them to be adjudged to die for the veâ—y same things It s nothing to me nor to the Kingâ—om for you to say that when that Jâ—dgment pass'd they had so many friends sitting in the House as over-voted the honest Common-wealth's-men to the prâ—judice thereof for the majâ—r part is Parliament or else thâ—re â—s no parliament Therefoâ—e Sir I reason thus Eâ—ther that wherein that Judgment pass'd was a parliament or no Parliament â—if a Parliament then their judgment â—s to themselves especially was binding and the benefit of it they ought not to deny to them whose liveâ— are consâ—rved in it 〈◊〉 it were unjust in it self â—â— to the Nation But if you or any other man shall say it was no Parliament as having forfeited their trust in treating with the King again and so their Judgâ—â—nt not valid then with much more confidence say I this that now fits is no Parliament and so by consequence the High Court of Justice no Court of Justice at all and if for then to execute them upon their Judgment is absolute Murder But I would fain see that honest and valiant man in your House that duâ—st pretest against them for no Parliament But Sir besides this mark the consequence of it to all we Parliamenteers that have acteâ— under you and by vertue of your commands by these Proceedings First You have sold the Bishops Lands and given them thâ—â— bought them as they suppose good security for their quiet enjoyment of their Pâ—rchasâ—s I but within a little whâ—le after part of the very same Parliament alters their mindes and being becomâ—th maâ—or part by forcible Purgations illegall new Recruits or by any other â—ricks â—â—â—â—viâ—es and they vote all those bargâ—ins are unjust and the Purchasers ought to lose both â—eâ—r Land and Mâ—nâ—y where is then that stable security of Parliaments And yet such doings would be as just as your present dealings with CAPEL c. whose preceden◠〈◊〉 a precedent for that and much more of the same nature Bâ—t secondly The samâ— Parliament that condemded Capel c. to Bâ—nishment pass'd mulâ—itudes of Compositions with severall Cavâ—lierâ— as guilty of Tâ—eason in the 〈…〉 of it â—s they And by the same ruleâ—oâ— now condâ—â—n CAPEL 〈◊〉 after you have judged them to banishment you â—â—y adjudge all the compounding Câ—vâ—â—eers to â—â—â—angeâ— after you have adjudged them to composition and so put the Kingdom by 〈…〉 people desperate in an everlasting flame that never will have end becâ—â—se 〈◊〉 is â—o certainty in any of your proceedings but are â—s changeable as the wind thâ—◠〈◊〉 〈◊〉 Thirdly and most principally it is a common maximâ— in Law and Reason both and so declared by your selves 1 part Book Declarat page 281. That those that shall guide themsâ—lves by the judgment of Parliament oughâ— what-ever happen to be secure and free from all account and penalties Bâ—t divers honest men as you now judge them â—ave acted and guâ—ded themselves by the judgment of Parliament as they account yâ—u in taking away the King's life and yâ—t by your dealings with CAPEL c. they are liable to be hanged as â—rayt â—s 〈…〉 a major part of your very House by force or other 〈…〉 shall vote that act 〈◊〉 and all the Actors therein Traitors So that Sir if I have any judgâ—â—nâ— in â—â—e by his very single act towards them you shake the vâ—ry toâ—ndation of the validity of all the Parliamâ—nts Decrees and Judgments at once and mâ—ke 〈◊〉 all the Seâ—uriâ—y and â—ndemnity that those in â—qâ—â—ty ought to enjoy that have acted by you commands aâ—d guided themselves by the judgment oâ— Parliament By meaâ—â— of which you will finde in time you have demolished your own Bulwarks an destroyed your own Fences And for time to come for my part I shall be a thoâ—sand times more wary how I obey all your Commands then ever I was in my life seâ—ing yoâ— are so fickle and unstable that no man knows rationally where to find you or fixedly to what to hold you But if you shall object as some do That that judgment of Bâ—nishment was onely in â—â—ference to the peace with the King and that being broke yoâ— are absolved